The URL can be used to link to this page

Home My WebLink About1970- 2 Accepting the Dedication of Certain Parks and Public Land from Vail Associates• ~ • ORDINANCE NO. 2 Series of 1970 AN ORDINANCE ACCEPTING THE DEDICATION OF CERTAIN PARKS AND PUBLIC LAND FROM VAIL ASSOCIATES, INC. , AND ACCEPTING CONDITIONS RELATING TO THE USE OF SAME; AND SETTING FORTH DETAILS IN RELATION TI'I3ERET0. WHEREAS, Vail Associates, Inc. , a Colorado Corporation, and. John A. Dobson, have dedicated. certain land to the `T'own of Vail together with a bridge constructed on said. property by an instrument referred. to herein as Exhibit No, 1, which is incorporated herein by reference; and, WHEREAS, Vail Associates, Inc. , has dedicated land. for public use commonly known as the Vorlaufer Park, which is more particularly described ~n that instrument referred to herein as Exhibit No. 2, which is ncorporated by reference; and. WHEREAS, the two instruments of dedication referred to above irripose certain restrictions and limitations on the use of the land therei~~l described, and the Board of Trustees for the Town of Vail has a~~reed to a:~cept the dedication of said land subject to the limitations and restrictions contained in Exhibit Nos. 1 and. 2; and VJIiFREAS, the Board of Trustees for the Town of Vail wishes to accept. the dedicat:i-on and develop the land relerred t~ tYi~re~r~ fir ±}te public food and use of the community; NOVv, THEF~EFORE, BF IT nPl~f~INED BY r1~IIE BOARD OF `IRUSTEES OF THE TOVv'11 OIL' VAIL, COLORADC_~: S~:ction 1. There is hereby accepted that dedication of land referred to in E~:hibit No, 1, referred to in this ordinance subject to the conditions and limitations contained in the dedication d~.zly exec~zi:ed by Vail Associates, Inc. , and John A. Dobson, Section 2. There is hereby accepted that d.ed.ication of land referred. to herein as Exhibii No. 2 duly executed by Vail Associates, Inc. , subject to the restrictions and limitations th°rein contained. ,. READ, PASSED, ADOPTED AND ORDERED PUBLISHED this 12th day of January 1970. !f" _ s _ _- _ ~_ a or ATTEST: 7 ` 'Ibwn Clerk 1 r f ~ , ... :;TATS OF COLORADO, ~ ° EAGLE COUhITY. ss hereby certify that this instrument was filed for record in my office the _____ c'clock~~_M., and is duly recorded in Book-----=--=-_-.Page------------° -------------~- ------------------------w-- County Clerk and kecosder ~ sy ~e'prily Fee $ ::- DEDICATION KNO~ti' ALL MEN BY THESE PRESENTS : VAIL ASSOCIATES, INC., a Colorado corporation (herein- after called "Vail Associates"), is the owner of that certain property described in Exhibit A attached to and by this reference made a part hereof (hereinafter called the "Subject Property"); and JOHN A. DOBSON, of the County of Eagle and State of Colorado (hereinafter called "Dobson") is the owner of the bridge structure (hereinafter called the "Bridge") located upon the Sub- jeet Property; and Vail Associates and Dobsor_ intend to, and by these pres- ents do hereby, dedicate the Subject Property and the Bridge and related fixtures located on the Subject Property to the Town of Vail, a Colorado municipal corporation (hereinafter called the "Town."), its successors and assigns, for public use as hereina~LE= described, TO HA VE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anyY~ise appertaining, and all the estate, right, title and in- terest whatsoever, of Vail Associates and Dobson, their heirs, executors, administrators, successors and assigns, PROVIDED ALPIAYS, this this dedication is expressly made and acceptted subject to the following express conditions, provisions, restrictions, and coven- ants (hereinafter referred to collectively as the "conditions hereof") which shall apply to and bind the Town, its successors a:;d assigns, namely: 1. The Subject Property, the Bridge and related fixtures ~' r EXHIBIT No. 1 ~ ~~ located on the Subject Property shall be used only as an open area for public use as a park area, pedestrian way, information center and a bus stop for the loading and discharge of passengers; and 2. The Subject Property, the Bridge and related fixtures located on the Subject Property shall be used, held and maintair.e~ subject to existing or recorded easements and rights-of-way and subject to an easement ten feet in width for a drainage pipe to carry surface drainage from north of Gore Creek Road to Gore Creek which is hereby reserved to Vail Associates, Inc.; and 3. No use of the Subject Property, the Bridge and re- lated fixtures located on the Subject Property shall conflict wi='_: or violate any provision of the "Protective Covenants of Vail ~~_i`age, First Filing, Eagle County, Colorado" as recorded in Book 174 at page 179 of the records of the Clerk and Recorder of Eagle County, Co1or- ado; and 4. The Town shall promptly landscape the Subject Property and lay out and construct proper walkways through, and bus stop pav- ing adjacent to, the Subject Property, and maintain said landscaping, walkways and pavement, all in accordance with a plan of landscaping improvement and maintenance to be submitted to and approved by the Vail Architectural Control Committee prior to the commencement of such landscaping and improvements; and 5. No structure, either temporary or permanent, shall be erected, constructed or permitted to remain on the Subject Property, except a small information center, bus stop shed, informational signs and decorative items consistent with the above described use of the Subject Property, Bridge and related facilities located on the Sub- ~, ;~, ~.. ject Property, all of which permitted structures shall have been ap- - 2 - '- ~, ~ ,:, . . ~ ~ ~ proved as to design and method of construction by the Vail Archi- tectural Control Committee prior to their erection or construction; and 6. No vehicular traffic of any kind or nature shall be permitted upon, across or through the Subject Property except for a bus stop for the loading and discharge of passengers. 7. (See page 5 for additional condition hereof) In the event of a failure by the Town, its successors and assigns to comply with each and every one of the conditions hereof after having received written notice of such a failure and the con- tinuance of such failure for a period of sixty (60) days after receiat of such notice, it shall be lawful for Vail Associates, or Dobson, or both of them, their heirs, executors, administrators, successors or assigns, to re-enter and repossess the Subject Property, the Bridge and related fixtures located on the Subject Property, or any part or portion thereof, and thereafter hold and enjoy them as if tr:ese presents had not been made. IN WITNESS WHEREOF, this instrum~n~ been executFc t`:~is ~ ~ ~ ~- day o~` , ~; tit U C~~ / , VA IL ASSOCIATES, INC. J '~ (S~~a1; Attest; Asst. Secretary STATE . OF COLORADO COUNTY OF Ea~~le ~// ~. Vice ~siden ./ ~/~ JOHN A . DOBSON ss. The foregoing instrument was acknowledged before me this - 3 - . .. . . ~~~ ~ ~ lath day of January as Vice-President 19 70~°'`~ ~ by • • Clay Simon of VAIL ASSOCIATES, INC. WITNESS my hand and official seal. My commission expires My ~ommissi0n expires O~ioL•~r ~, ;:,, C~~QQQe~-~ , ~~ Notary Publi~~ STATE OF COLORADO ) )ss COUNTY OF Eaale ) The foregoing instrument was acknowledged before me this 1970c,~,.A'~ 1 th day of Januar. y , ~~ by ,TORN A . DOBSON. WITNESS my hand and official seal. My commission expires My Commission expires Oct~~._~~ <"_, _. Notary Publ ACCEPTANCE OF DEDICATION I, John A. Dobson Mayor of the Town of Vail, a Colorado municipal corporation, and on behal= o= :=.e ~ ~~-- : r Vail pursuant to the authority vested in me by Ordinance No. ~', '~ ~ `~' '" r'~ ~"' ~ ' duly adopted by the Board of Trustees of the Town oaf Vail, Colorado, on January 12 19'iJ do hereby accept the above and foregoing dedication for the uses and upon the terms and conditions set forth therein. IN WITNESS WHEREOF, this instrument has been executed this 1.2~h (Seal) day of January lg '~~ , ,; Attest : l Clerk / ~. TOWN OF L _ ~~ ~. ~ ~~ ': BY C~~ - ~L ' ~~ ~~,/ Mayor - 4 - STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing Acceptance of Dedication was acknowledged '~ `' before me this 12th day of January 19 ~~ , by . t' '' John A. Dobson as Mayor of the Town of Vail. ~': :, ~, WITNESS my hand and official seal. ) x My commission expires ~'~ Cflmr?~ssE~~ ~~i~!~rs r;i;. ~r7" ,,, ^ ~ - , - ~.c~~-~~:Q~~..~-~~.,fc c~ =cam. Notary Publi~~ 7. The Town of Vail shall maintain the bridge over fore Creek as a covered bridge', _. '~/~ - 5 - ..~ -:- s ~r ~• ~.~ ,~_ • EXHIBIT A A part of Tract C and Tract B, Vail Village First Filing, County of Eagle, State of Colorado, more particularly described as follows: C~,~..uuenGing at the Northwest corner of Lot a, Block 5, said Vail Vf.llage First Filing; thence N.26°41'00"E. along the Northeasterly ex~tensio~rr o~ the- Northwesterly line of said ,Lot ~, 10.00 feet to the true point of beginning; thence on an angle to the Left of 63°51'44", 13.93 feet; thence on an angle to the right of I4°02'00" 8nd along the Southeasterly projection of the covered bridge 66.15 feet; thence on an angle to the ,right of 74°42'16", 45.26 feet to Lhe Southc~esterly corner of the property formerly knoUm as the Miller Nightlatch property; thence on an angle to the left of 97°53'45" and along the Westerly line of said property 115.00 feet to a point of intersection with the Southerly line of Gore Creek Road; thence on an angle to the left of 90°00'00 " and along said Southerly line 26.46 feet to a point of curve; thence along said~Southerly line and along a curve to the right having a radius of 243.01 feet, a central angle of 26°03'31", an arc distance of 110.51 feet to a point of reverse curve; thence along said Southerly line and along a curve to the left having a radius of 85.00 feet, a central angle of 06°44'00", an arc distance of 9.99 feet to a point; thence~on an angle to the left of 96°33'00", 28.35 feet; thence on an angle to the Left of 27°29'01", 75.95 feet; thence on an angle to the left of 52°06'00", 81.00 feet; .thence on an angle to the right of 90°00'00" and along the North- westerly projection of the covered bridge 66,15 feet; the;ce o1 an angle to the right of 17°47'l~$", 36.96 feet to a point, said r,:-:t bearing iv'.2b°4l'00"E., jF.00 feet from the most Northeasterly cor;:or of Lot b, Block 5-B, said Vail Village First Filing; thence on an angle to the Left of X47°58'14", 33.b0 feet to the true point of beginning; containing 15,70jE.652 square feet or 0.3605 acres, more or less. ~; F-,erg . ~ ~ ~ ~ ~~~ ~- -~: DEDICATION KNOW ALL NIFN BY THESE PRESENTS : VAIL ASSOCIATES, INC., a Colorado corporation (herein- after called "Vail Associates"), is the owner of that cer_~:-. property described in Exhibit A attached to and by this reference made a part hereof (hereinafter called the "Subject Property"); and Vail Associates intends to, and by these presents does hereby, dedicate the Subject Property to the Town of Vail, a Colorado municipal corporation (hereinafter called the "TOLvn";, its successors and assigns, for public use as hereinafter des- cribed, TO HA VE AND TO FiOLD the same, together with all and singu- lar the appurtenances and privileges thereunto belonging or in any- a:i~e appertaining, and all the estate, right, title and interest whatsoever, of Vail Associates, its successors and assigns; PRO- VIDED AL[ti~AYS, that this dedication is expressly made and accepted subject to the following express conditions, provisions, restric - tions, and covenants (hereinafter referred to as the "conditions hereof") which shall. apply to and bind the Town, its successors and assigns, namely: 1. No use of the Subject Property shall conflict with or violate any provision of the "Protective Covenants of Vail ~,'il- Iage, First Filing, Eagle County, Colorado" as recorded in Booms 17~ at page 179 of the records of the Clerk and Recorder of Eagle County, Colorado; and 2. The Subject Property shall be used, held and maintained subject to existing or recorded easements and rights of way; and ~xxl~lT No. 2 Y :~ . m v 3. The Subject Property shall be used only as an open ~~,, area for public use as a public park and open space properly land- scaped; and 4. The Town shall promptly landscape the Subject Prop- erty and lay out and construct proper walkways through the Subject Property, and maintain said landscaping and walks; and 5. No structure, either temporary or permanent, shall be erected, constructed or permitted to remain on the Subject Property, except decorative items consistent with use of the Subject Property as a public park; and 6. No vehicular traffic of any kind or nature shall be permitted upon, across or through the Subject Property. In the event of a failure by the Town, its successors a~,c: assigns to comply with each and every one of the conditions hereof, after having received written notice of such a failure and the continuance of such failure for a period of sixty (60) days af- ter receipt of such notice, it shall be lawful for Vail Associates, its successors or assigns, to re-enter and repossess the Subject Property or any part or portion thereof, and thereafter hold and enjoy it as if these presents had not been made. ~ IN WITNESS WHEREOF, this instrument has been executed this ~1'~ day of~'~ ~ ~~l ~C~'~t. ~l 19~c~ IL ASSOCIATES, I ;Seal) ~` / ~' i i ATTEST : BY '~2 ~A_~ A ~ <-~ Vice~/~res ident C``~~~ s'~t. Secretary S E OF COLORADO ) ss. COLTD~TY OF L,a~~le ) The foregoing instrument was acknowledged before me this - 2 - 12t1~ day of January - lg 70 by Clay Simon as Vice-l?r~~si~l~~nt of VA IL ASSOCIATES, INC. WITNESS my hand and official .seal. My Commission expires: P~v~'ommis:,ic,~; ..:^~iober2, I973 ~~CQ~Q.e ~~~ ~~~,~~c~a, Notary Public ACCEPTANCE OF DEDICATION I, John A. I~:~l~son of Vail, a Colorado municipal corporation, and of Vail pursuant to the authority vested in me S_~~i~ ~ ~i l~j'10 duly adopted by the Boar Town of Vail, Colorado, on January 12 Mayor o on behalf of by Ordinance d of Trustees 19 `% J , f the Town the Town ~' _ . ~ . cf the do here- by accept the above and foregoing dedication for the uses and upon the terms anal conditions set forth therein. IN WITNESS WHEREOF, this instrument has been exec::teu '~'~=s -~ ='~ day of Jarnzar- y lg `~0 . ;Seal) Attest : ~J Clerk / STATE OF COLORADO ) ss. COUNTY OF EAGLE ) TOWN OF VA IL ~~ / Mayor The foregoing Acceptance of Dedication was acknowledged before me this 12th day of .Tanu~~rv 19 ~;~ by a•c~~~rr T~. Dobson as Mayor of the Town of Vail. WITNESS my hand and official seal. My commission expires '~~ ~'~r'nissicn expires October 2, 1973. Notary Publlic - 3 - }~ r - ~ ~ . w 1" ~ + ~'~ EXHIBIT A A part of Tract B, Vail Village First Filit:g, County of Ea~1e, State of Colorado, Wore particul~~'rly described as fol?ows: Beginning at the NortheasterJ.;~ corner of Lot l3, Resubdivision of Block 5 and a Fart of Gore Creel: Drive, Vail Village First Filing; t~~eilce Southerly along thn E:.isterly line of said Lot 13, 111.81 fe?t to a point oi' intersecti;:n ~lith the northerly line of Goro Creek Drive a pl~~tted in Vail Vil?age Fifth Filing; thence on an analo to tree left of 105'38'06" and along said Northerly lire 64.3b we_t; thence cn ~~!n a-iJle to the left of l5°29' S4" and Glong sai -' +.crt.:c:.-I-' line ~~~f.73 feet to a point of curve; thence along sG~id No~th~.~_-~.- :~-.~ and along a curve to tre left having a radius of 174,98 F•_~~, a cE- tral angle of 00°53'4+", an arc distance of 2.99 feet; thence on an angle to ti:e left of 75°38'16" and along the ~~?esterl}- line o~ Lot 14, Bloc'~c 5, Vail Vi11a~e Fifth Filing, 105.51 feet; thence en an anvle to the left of 96 °29' 20'•', 77.14 feet to the true point of b_gi:~~:i;:g; co;~taining 10,2'i1.257 square feet or 0.7.31 acres, rare or less. i i ~r i r A