HomeMy WebLinkAbout2018-39 Amending and Approving Mutual Release of Restrictive Covenant Amended and Restated Development with Alejandro Gonzalez Cimadevilla RESOLUTION NO. 39
SERIES OF 2018
A RESOLUTION AMENDING AND APPROVING A MUTUAL RELEASE OF
RESTRICTIVE COVENANT AMENDED AND RESTATED DEVELOPMENT
AGREEMENT BETWEEN THE TOWN OF VAIL AND ALEJANDRO GONZALEZ
CIMADEVILLA;
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Town Charter (the "Charter");
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified;
WHEREAS, Alejandro Gonzalez Cimadevilla is the owner of that certain property
("the Property") located within the Town of Vail, Eagle County, Colorado, with a physical
address of 44 Vail Road Unit 3 (aka Willow Place Unit 3), Vail, Colorado 81657;
WHEREAS, a restrictive covenant ("Restrictive Covenant") was recorded against
the Property for the sole purpose of creating an employee housing unit within the Town
of Vail as provided in Chapter 12-13, Vail Town Code;
WHEREAS, said Restrictive Covenant was recorded against the Property in the
records of the Clerk and Recorder of Eagle County, Colorado on May 3, 1995 at Book
666, Page 480;
WHEREAS, The Town is the beneficiary of said Restrictive Covenant; and
WHEREAS, The Town approved a release of the Restrictive Covenant in exchange
for the placement of an employee housing deed restriction located at Vail Village Filing 13,
Block 2, Lot 23 W/2395 Bald Mountain Road Unit W with Resolution No. 26, Series of 2018
on July 3, 2018;
WHEREAS, the owner Alejandro Gonzalez Cimadevilla wishes to amend the
exchange from Vail Village Filing 13, Block 2, Lot 23 W/2395 Bald Mountain Road Unit W to
Bald Mountain Townhomes Unit A5 / 2335 Bald Mountain Road Unit A5;
WHEREAS, Releasee and the Town, pursuant to Section 12-13-5 of the Vail
Town Code, wish to mutually release the Restrictive Covenant in exchange for the
placement of an employee housing deed restriction on Bald Mountain Townhomes Unit
A5 / 2335 Bald Mountain Road Unit A5, Vail, Colorado 81657 (the "Proposed EHU").
Resolution No.39,Series of 2018
NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail,
Colorado:
Section 1. The Council hereby approves the Mutual Release of Restrictive
Covenant and authorizes the Town Manager to execute the Mutual Release of
Restrictive Covenant Agreement on behalf of the Town in substantially the same
form as attached hereto as Exhibit A and in a form approved by the Town
Attorney.
Section 2. This Resolution shall take effect immediately upon the recording of
an employee housing deed restriction in a form approved by the Town on the
Proposed EHU.
INTRODUCED, READ, APPROVED AND ADOPT D this 4th ,f December, 2018.
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Resolution No.39,Series of 2018
EXHIBIT A
Condominium Unit A-5,
Building A,
BALD MOUNTAIN TOWNHOMES CONDOMINIUMS,
According to the map recorded on January 12, 1979 in Book 280 at Page 780 as Reception o.
177189 and Supplemental Map recorded March 7, 1979 in Book 282 at Page 664 as Reception
No. 168516, and as defined and described in the Condominium Declaration recorded January
12, 1979 in Book 280 at Page 779 as Reception No. 177188.
Resolution No.39,Series of 2018