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HomeMy WebLinkAbout1991-12 Authorizing the Town Manager to Execute an Agreement for Modification and Partial Release of Restrictions and Covenants Relating to a Certain Special Warranty Deed. ~ ~. ~, , ORDINANCE N0. 12 Series of 1993 AN ORDINANCE AUTHORI7ING THE TOWN MANAGER TO EXECUTE AN AGREEMENT FOR MODIFICATION AND PARTIAL RELEASE OF RESTRICTIONS AND COVENANTS RELATING TO A CERTAIN SI?ECIAL WARRANTY DEED CONVEYING CERTAIN PROPERTY FROM THE TOWN OF VAIL TO THE MANOR VAIL CONDOMINIUM ASSOCIATION, A COLORADO NON-PROFIT CORPORATION. WI-IEREAS, an June 21st, 1977, the Town of Vail ("the Town"), by special warranty deed ("the deed") conveyed a parcel of prapert:y ("the property") which was then utilized by the Town of Vail as a street right-of-way, to the Manor Vail Condominium Association. A copy of the deed is attached to this Ordinance as Exhibit A and incorporated herein by reference. WHEREAS, the deed was conveyed subject to certain conditions, covenants, restricta.ans and reservations which ran with the land and were binding upon the Manor Vail Condominium Association far a period of twenty years from the date of the conveyance (June 21st, 1977); and Wf~iEREAS, one of the conditions is that na property conveyed by the deed shall be used or conveyed at any time for any purpose other than pedestrian, bicycle and limited mator vehicle ingress and egress to the grantee's hotel; and WHEREAS, another restriction is that an easement twenty feet in width passing generally east-west to the westerly end of the described property to Gerald R. Ford Park on the easterly end of the described property was reserved unto the grantor far pedestrian and utility purposes far the use, benefit and enjoyment of the public; and WHEREAS, the Manor Vail Condominium Association ("Manor Vail"~ wishes to construct, as soon as reasonably possible, an expansion of the Manor Vail Condominiums an the property conveyed by the deed which is now restricted to pedestrian, bicycle and limited motor vehicle ingress and egress; and WHEREAS, the Town of Vail wishes to obtain an easement twenty feet in width passing generally east-west across the described property from the public thoroughfare an the westerly 1 • • • end of the described property from the public thoroughfare on the westerly end of the described property to Gerald R. E'ord Park on the easterly end of the described property for pedestrian and utility purposes and the benefit and enjoyment of the public in perpetuity; and WHEREAS, the Town and Manor Vail wish to enter into an agreement for the modification and partial release of the restrictions and covenants contained in the deed ("the agreement") a copy of which is attached hereto as Exhibit B and incorporated herein by reference; and WHEREAS, Manor Vail is willing to convey to the Town an easement in perpetuity ("the easement") a copy of which is attached hereto as Exhibit C and incorporated herein; and WIIEREAS, the agreement provides for continuance in perpetuity of certain restrictions on the use of the property which were set forth in the deed; NOW, THEREFORE, BE IT HI;RI;BY ORDAINED BY THE TOWN COUNCIL OF TfiE TOWN 01~ VAI L, COLORADO, THAT Section 1 The 'T'own Manager is hereby authorized to execute for the Town the agreement for modification of partial release of restrictions and covenants attached as Exhibit B, upon the condition that, simultaneously, with the execution of the agreement, Manor Vail shall convey to the Town the executed easement attached as Exhibit C. Section Z If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or. more parts, sections, subsections, sentences, clauses or phrases by declared invalid. 2 Section 3 The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper far the health, safety and welfare of the Town of Vail and inhabitants thereof. Section 9 The repeal or the repeal and reenactment of any provisions of Vail Municipal Cade as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED ON FIRST READING THIS 16 day of A,Pril , 1991, and a public hearing shall be held on this ordinance an the ~~ day of April. 1991 at 7;30 p.m. in the Council Chamber of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 16 day of April , 1991. Kent R. Rose, ~aybr ATTES`T' Pamela A. Brandmeyer, Town Clerk TNTRQDUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBL~CSHED ~y title anly this 7 day of May i 1gg~„ Rent R. Rose, Mayor ATTEST: . i~`Q~~..?.~iL,}~ Pamela A. Brandmeyer; Town Clerk 3 • •••F , ~." . .. ~ .• • . • • ~~ ~~ • . ilA1~ 19CYNIfi, ElE SPECIAL HAnRANTY DECD Tt1IS UEl•:U, made• t~iis •~~•,i' day of C~~~.~. 1977, from the `own oC •Vail, a Colorado E•tunicipal Co>~~oratlon, as Grantor, ~j, to Manor .Vail Condominium Association, a Colorado Nonprofit Corpo- ~\ ~ ration, as Grange. • ' • ' ~ 4V Z'~'Nl:; Sk;'1'il, L•hc Grantor, for and in consideration of the nuin of test ciollart~ {$~.U.00) to 'the Grantor paid by this Grantee, the • rcceil~t wt3ercof is hereby confessed and acknowledged, has granted,. bargained, sold, and conveyed and by these presents does grant,. ' • bar.gain,. sell, and convey to the Grantee, its successor~i •and assigns forever, all the fol,lawing described ra.•~1 property in Eagle County, ' Coloraclos .. .~ . ,•, Parcel 2, Manor Vail North, or more specifically, the•Svutherly 50 feet of Lot A, Block 1, Vail • Village Seventh Fil~.ng, except the Easterly 5 fe©t thereof. - • • .' ' ~ (T'or Convenience Purposes flnly~ • ~Yo ,Documentary Fee liequired . . .+ '~ • • , • • , : •` . . ~. 5ub3ect to the following conditions, covenants, restric- tions, and reservations agreed to by the Grantee by acceptance of this Ueec], . (1) C1n'or before July 1, 1974, Grantee shall complete improvement; and landscaping of• the described real property in subatankial co~npl.iance with improvemeni:~ and landscaping plan approved: • hy_ Grantor.. (2) No property described herein shall be.usod or occupied nl• any time for any: purposes other .than pedestrian, bicycle and l.imitc~c iootor vehicle ingress and egress to Grantees hotel and lodge opezatio~ adjacent property, and for utilitj- and open space purposes. .. . {3) No property described herein •eha]~l beused •or annsidcrec ire determining the grow residential floor area or density. that the •.' ' ' Grante~.woulcl be Entitled to under Town of Vail laws and ~egu•lations. . { 9) An ezseinent 20 feet in width passing. general3.y . east--resl•. t~cross the c3escribuc] prc~per•ty f•ram the public thorough::are• , nn thr 4re..ter.ly .end of the described property to Gerald n..Ford' Falk on the easLerXy end oL the described property is reserved ~•nto . Grantor tor..peclcstrian and •ut'ility~ pu~:poscs for the' us~e~, behe[it; • and enjoyment of the public. ~' .• ~. - ., { 5) ' At ttze westerly entrance to the above des'cribed• pro~yerly, the Gra~}tec t~hall provide and mainkain a sign to• advise • the public that said ~~rea is open to tho use of khe• public. ,, ' .. . ; 4 L/L J .. ~,,• •~ r ~ •, • .: .U 5 • , , .,,,,, . ,.. f .~ . J-~ '. - .. i '`~ . " . A ~. , v - ~ ~ y •• • - ~ . . , • • . • • ' •. {6} All signs or postings•on the above described property • shall be approved by the Town of ,Vail Design itcview >3oard. ,. '` Each of the condit~i+3n~,'covenants, restricEi,onsr and ' reservationr; herein 'set forth 'shall run with the land and shall be binding upon tt~o Grantee, its successors and assigns, and upon aach oC them, and cell parties and all, persana claiming under them, for a • period of 20 years form tl~e date of this canvayance. H11 parties c1~7iming by, through, or under Grantee shall be taken to•hold, •grec, and covenant with the Grantor of said prnkserty, with its i•ur.cessars a~td assigns, and with eacl~ of them, to conform to and • ~ib,erve s~~id restrictions, as to the use ol; tha described property. L.. Inval,fdation of any of these 'canclitionrl, covenants, restrictions, or reservativns,~or any part~~thQreat by judgments ox court order sha11 in nv wise axfect any of the other provisions, ' •wl~icl3 shall remain' in full force and efrect. ' TO tInVE RND TO 110LD the real property above bargained and clescribecl, unto the Grantee, its successors and assigns foreverl and '•'Lhc'Gr~~Intor, far .itself and its successors covenants and agrees to and with•~hc Grantee, its succetsors and assigns, the above bargained real i~roperty to ti+InltlillN`1' 11ND FOREVER D1;&'CND in the quiet and peaceable 1~Uae;essiarz of kllc Gral~tce, its successors. anti a:~signss, against all 'and every persolt ar persons lawfully claiming or to claim the whole' or any part thereof, by, through, or under t11e.Grantor; but if, - during the .term aC the con,.litiolis, covenants, restrictions, and • " --reservatiolis, there shall be a continued substantial. breach of any • olle of kho concliti.ons,~ covenants,' resL•ri.ctions, ot~ reservations lrerriin set fortlti, the abova der.cribcd property shall revert to the - .•.~~~.'u,~`~~A1~r/+~il"Z'JI'~NL55 ~•1111;f:EOF', the Craritor has hereunto set its hand ~t ` ~ti'andy:5ca~"~t~~*~ c~~ly and year first •nbave written. . ~ ~~ ~(,S~CI~I.~~ `~: ~ '- ~ TOV1N OF VA1L, a' Colorado ~•~~ -, ,;~;:: •"~~~-;,. ~ t~iunicipal Corporation ' 71T,'1'EST;~~~~,=~~ ' •' yNti~tt~~',. .~ ~ Town" '~.~rk J ~~ •sT~-TE or cot,o>znno ' ~, ..~~~•~""."~~'1'!~e foregoing instrirment ways acknowledged before me this • .• ,~td~yr.~~ ' , t,t;i. 1977, by John A. Dobson are Mayor and ~,~.1•;i ~~ ~:'.~+Qq ~ ~~a5 't'own Clerk of the Town of Vail.; a Colorado xq~j,.i ~~~~ation. . - .r"~.t~;•-:J,f.-.,.ft~'r~`¢,~~,t.s m .,ha fficiax .Betsi •~ s ~~ L~ ~•~• y nd and o ... M ,~," ~,,tr Y1: ~~''~~~~' ~ ~ mmiss ion expires s i:1! '~ "'. • . - Notary l~ub'li . - • ~ -, .. - ., ., , .. • • -- . , • .. .. ~f- it ~;' .,~ ~~~:~~~asss~~ -G'~ JC7HNP' -, .. . ~l~o '--559 F-71t~ 08f1~~'91 15:~ FC 1 tJF 3 ~" FHI L L I FS ERGL ~' Ct~LlMT Y ~ c'Rff , GC7L CJRAQO -~ 15, O~ O.OQ ,. AGREEMENT FOR MODIFICATION AND PARTTAI, RELEASE OF RESTRICTIONS AND COVENANTS AGREEMENT made May 18 199]., between the Town of Vail, a Colorado municipal corporation (hereinafter "Grantor") and Manor Vail Condominium Association, a Colorado non-profit corporation (hereinafter "Grantee"). Grantee is now the owner of the following described real property in Eagle County, Colorado: Parcel 2, Manor Vail North, or more specifically, the Southerly 50 feet of Lot A, Block 1, Vail Village Seventh Filing, except the Easterly 5 feet thereof. Grantee has requested Grantor to modify and partially release the original conditions, covenants, restrictions and reservations contained in the Special Warranty Deed conveying the above mentioned property to Grantee so as to grant to Grantee, its heirs and assigns, the right to expand Grantee's lobby, to otherwise use the property as hereinafter provided, and to make the restrictions and covenants as modified and as hereinafter set forth, permanent. Grantor; having originally conveyed the subject real property to Grantee pursuant to a Special Warranty Deed dated June 21, 1977, and recorded an August 9 , x.9'7 7 , at ~3ook ~ 5 8 Wage 3 4 0 of the records of the Clerk and Recorder for the County of Eagle, State of Colorado (hereinafter "Special Warranty Deed"), has agreed to such modification and partial release as hereinafter provided. In consideration of the sum of $1Q.OQ and other good and valuable consideration paid by Grantee to Grantor, the receipt whereof is hereby acknowledged, Grantor hereby consents that the original conditions, covenants, restrictions and reservations contained in the Special Warranty Deed conveyings the above described property to Grantee are hereby changed, modified, and partially released, to read as follows: 1. Grantee shall complete improvement and landscaping of the described real property in substantial compliance with improvement and landscaping plan approved by Grantor. 2.' No property described herein shall be used or considered in determining the gross residential floor area ar density that the Grantee would be entitled to under Town of Vail laws and regulations. 3. At the westerly entrance to the above described property, the Grantee shall provide and maintain a sign to advise the public that said area is open to the use of the public. 1.7 l.N ...I :' ~. ~. All signs or postings on the above described property shall be approved by the Town of Vail Design Review Board. :~ 5. At the westerly and easterly entrances of the above described property, the Town of Vail shall have the right to erect signage to advise the public that said area is open to the use of the public. Grantor agrees that subparagraphs 2 and 4 of the Special Warranty Deed are to be deleted, terminated or released, although the parties acknowledge that Grantee will be conveying to Grantor an eastamexi,t with regard to the subject property by Grantee's execution and delivery of a quit claim deed simultaneously with this agreement. The parties further agree that the conditions, covenants, restrictions and reservations as set forth above shall run with the land and shall be binding upon the Grantee, its successors and assigns, and upon each of them, and all parties and all persons claiming under them. The parties agree that the 2El year limitation set forth in the Special Warranty Deed is hereby deleted or terminated and that the conditions, covenants, restrictions and reservations as set forth above shall be deemed permanent. Grantor further agrees that the language sat forth in the Special Warranty Deed relating to reversion of the property to Grantor in the event of a continued substantial breach of any one of the conditions, covenants, restrictions, or reservations shall be deemed deleted, terminated or released, and that the property shall not revert in the event of any continued substantial breach. The parties agree that this modification shall. not affect any other rights or remedies of the Grantor as provided under applicable law. IN WITNESS WHEREOF, the parties have executed this Agreement at Vail, Colorado the day and year first above written. MANOR VAIL CONDOMINIUM ASSOCTATTON, a Colorado non_profit corporation ~~ 4 ~ mes Unland, President (, ATT ST : 1 nti..I (2.t~c_.~, Q ~.J ~ ~ Q t ~=c~..._ Patricia D. Bethke, Secretary TOWN OF VAIL, a Colorado municipal corporation ~., ',,:.Mdy4~,, . y4; fi ` 1~ i1 111 ~i' . ~e11~~1!l~L l4 ,: J ~ 455S~1S R-55~ P~7.tt3 O~,r'1~',d~y1 15.x"'6 PG ~ k7F 3 ('a ~n r _~ STATE OF COLORADO ) SS. COUNTY OF' EAGLE ) JT e foregoing instrument was acknowledged beforethis 2~~ day ~a~, 1991, by kGnt R • Kosc as Mayor of the Town of Vail, and pct w~clct A. 8racnd mtr~er , as Town Clerk of the Town of Vail. U Witness my hand and official. seal. ,,;5;`~~• My commission expires: STATE OF COLORADO? ) $S. COUNTY OF EAGLE ) v - ~ Nota Public Address ~5 S. ~+~ Qd, Va,~ 1, Cn $1(o S7 The foregoing instrument was acknowledged before this 18th day May, 1991, by James Unland, as President of Manor Vail Condominium Association, and Patricia D. Bethke, as Secretary of Manor Vail Condominium Association. Witness my hand and official seal. My commission expires: Q1/p4/93 ~•4~-SEAL,-, ~•~, - :, •..~. .,,~y,,~' ,; ~.., -~~ e ~ sJ n~ • ~- ,.i TJC41 M031524.D1 Notary Public ~---- Address P.O. Box 753 Vail, CO 81658 3 d55t~4~ 8-~55~ F-71~t O~,,r1~';r'S~.~ 15:26 PC3t~F3 ~.~ r~ 1~ ~ d5.5B~ ~' ,i7t?HMM ` Rt`.arded at Reception No. -559 P- 71 ~ d8/.! 2f 91 .~ 5.2, Fta .~ QF ~3 REC . 7 E fiH~LLIP~ ERGLE CfJUN7~Y ~" ARK, CdLdRRQQ .I5. DO o'clock M., EASEMENT Recorder. ~~ DQC ~, Ot7 ,1991 , a Colorado TH15 EASEMENT, granted this day of play between Marton Vail Condatnlnium Association, whose legal address is non--pro~i.t corporation 595 E. Vail Valley Drive, Vail, CO 81b57 of the *County of Eagle Coloradp, the Grantor, and Town of Vail, a municipal whose legal address is 7S South Frontage Road, Vail, State of coruara~i n CO" 31657 of the *County of Eagle ,and State of Colorailo, the Grantee. WI`I'NFSS1Tl1, that the Grantor, for and 'sn consideration of the sum of Ten Dollars & 00/100 ($10.00) and other good and val.uabl.e consideration ------------~------------------------_--~--~- paid to the Grantor by the Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, and convey to the Grantee an easement for the purposes of non-vehir..ular, pedestrian, bicycle and utilities access to Ford Park of 20 feet in +width for the use, benefit and enjoyment of public. there insert description of easement including the uses, limitations, location and +vidth, etc.} over and across the following described parcel of real property situate in the Tawn of Vail of lsagle and State of Colorado to wit: {legal to be inserted) '~'lrii!sl~a~s~?d~kdtli~,fdr/tkSd 1S~n'efi~bn~n'd/~p~sh~tt~'~~ch/t1~~~~dd',/~fa~~,~;~,tdef~'~~t',/~t~.~t~h~I~t1~'e dc~G~idy/df/ / ~t~ci~~tkt~/o'~A~`o4~r,~~d~a~h~/cl~~d~d/a,~l County 7'X~i~k'fr~d~~r~~t~a~Yd~~rl~,~¢dd~S,{Y~~~k~i~~b~~~ fcrll6~~dg/e~G~~{t,Cdr/ate,f~t~lel~dfbtrtHl~~1~+NJvGtti~EMe~~di.~~~r~i~u~ /Grantor. /Grantor. The ~~r~t~dagrees to repair and maintain the easement granted herein at the cost and expense of the Q'r~t~tk~,/'~~k++~f ,r;~iA Grantee will in nodway hinder or prevent the proper and reasonable use and enjoyment of the property through which t t~~ti~(~~ flMildl CIATION TO[dN Ai T. EY Ut9--~ i' I/\~.~,(~ BY ~ _ ~A ti~~ ccc.7 r,~ mci,~ Ja e Upland ct2ANT'Ott YreS'1d~nt ( ~~~ ~~Tee `'tea STATE QF COl..ORADO ~ ss. COUNTY OF EAGLE The foregoing instrument was acknowledged before me this day of May 19 91 , by Witness my hand and offtcial seal. My commission expires: "If in Denver, insert "City and." Norary Pu6iic C~J i.~ .~-1 ~~ ;~. , . ,,, 1V0. t134. t?ASF.MEt+rr' Bradford Pu8[ishiag, 5823 w. 6th Avc., Lakewood, CO 802!4 - (303) 2336900 1484 ~~~ ~ ~ a- STATE OF COLORADO } } ss. COUNTY OF EAGLE } r ~e foregoing instrument was acknowledged before me this ~i! day of ~~ , 1.99., by James Unland, as President of Manor Vail Condomini4~m Association. Witness my hand and official seal.. My commission expires : / ~~~~~~ ~- '3 a~ '" ~ ~ - ,~ /_ o'tary Publ,;--7 wc's o u~ c Address ~~~ '~ ~ ~ -~ fJ o i _. _ .. .. ;~~ _ ~~ `; .~ sI R '`~~~ S STATE OF COLORADO } ss. COUNTY OF EAGLE } ~he foregoing instrument was acknowledged before me this 2~ day of ~ 1991,, by Kenneth H. Hughey, as Acta.ng Town Manager of tie Town of Vail.. ,:r~ ... ' ~Iff~~~ ~ Witness my hand and official seal . ~~~*,~1,'•y^.~l~fy,'~ommission expires: ~~r zO, (~`~4 ;~~-~;':~~~.~.'~! N.l f~'1'~14s ~~,f'.;f Cs'• ~MLCJW~'_ :~s'~r,.~,~.., ~j''~• .,-;~,~v~' Z~ Note y Public •`~ .Y,;.'•4~?; „y©l~t~'~ Address Z5 S, {v73Y~uyF 12d~- ..i#~~'»fty Ua,~ r Go 8!657 ~1S~z~~~ ~-~SS~ F-71 ~ dt~,,rl~"',,~93 15,::2 FG t' l.7F 3 'i ~ - f713.C73i3:27'~~1i~6 ._,a,. ~ l~r . ,~ r ..~p~ LEGAL D$SCRTPTIOi~ FOR FROPQSED ACOES3 EaBement far proposed °MA~1(?R VAIL, A RESUSDI'VYBION of LOTS A, B, AND e, VAIL VILLAGE SI~vENTN FIZ,ING." a non--exclusive public ped~str.~an access easement, moxe particularly descr3.bed as follows, Comm~anaing at the northeast a.~~.,.er o~ the. southeast quarter ref the northwest quarter of 3+~ction 8, Townshfp 5 South, Range $0 West of the sth ~+rinoipal Meridian, wh~.ch ig also a paint on the East 1in~: of Lot A, Vail Village Seventh Filing'; thence S OQ°01'Uf~r E a distance of 55. (l4 feet a~.ong westerly line of said Lot A to an angle point on this westerly ].~.ne; thence s 7~a21' 06" E a distance of X2.12 feet along the gauthwest+ar~.y line of Lot A td an angle pn~.nt on this southwesterly line; thence N 83'S8~54{' E a distance of 20.77 feet along the sr~uthwest'er~.y lime of Lot' A to an angles paint o~ Lot A and which is a].sa the mrue Point of Heginnzng: thence B o6°t]8'S4" W a d.i.stances off' 2~.I.2 feet along the westerly ~.~.ne of Lot A to the Southwest a~irner of this access easement; tk~ence N 89°58'54" E a distance og 388.6 to the Southeast career of this access csaseutent which is 3 paint on the northeasterly line of Lot A; theriC~ N i9 °57' 03" W a d~.stance of 21.27 feet clang the northeaaterxy^ line of Let A try the nr~rtheast darner of this Q~.6'iF~~.YIt j th~rtGB S $ 9 ° rJ8 ~ ~~ ~* W Fi d38'G2ZI1C~ G~ ~29 . ~.3 ~.'E~'et tip t~'I~ Po~.nt oaf Beginning, c+ontaxnS.ng ~i, X77 square f$et or 0.15 ~ccres more or ],esg. ~ ~ !-~ C:a r~ ,~ .~ ~~ 4a5L~~t~~ E~~S5~~ ~'-7~~ 0~,:'.~~';''~'~1 .~5.~~t PG .~' G]F 3 . . 'r. ~:- ~ .'', 1977 flESOLi}TION . • : '' . ,• :. ~• - ' ~ .•. ~•'~ ~~ f 1 '~ , ,,a. ~ ~,r, ,, ,. , ..:. ~' '~ • • ~ ` ' ~ n>r50LUTION NO ''• '' . ~ ~/ • . ~ ~ ~r~rrreglli i~"7 ~~ , ~. f' . A Rl~,:~OLUTiON ~1UT110RI7.x•NC T111: TOWN MJINAGC:A . ~•~~'~Gc •, ' ' . T4 1:.X1:CU'i'i: 11 UCI:D TQ MAIJOIt V11IL CONhOMINIU}~l " ' • AS50C'I11'i'ION l.'OR A f'A1iC1~~L OT' 1'UIiLIC i'RO}~[~,}t'i'Y UPON C1~:Et'i'1111J C:Qh1i7xTTONS ANq 1tI:S'TItI("TI4NS, ' • • • AND i)I }Z1~,C'i'iN(; • Tllls .ACTIN(; Tc7WN CL13RfC TO A'1"1' i :: ;'1' •1'O 7'! ~ E: .~i AM I; '. ' ~•.,,., WiIERL:l1S, the Town o1r' Vail owns cori:ain property desii~nateci as ~-: street which runs through thy: center, of the ' • Manor Vail Condominium property; and, ' . • WIIERI.IIS, the Manor, Vail. Condominium Association leas proposed to l~anclscape anc~ maintain saa.d nroperL•y; ttnc] WIiL•'1tF~AS, the Town Council is of tha oni,niotl that .~ sai.cl a--c~a F3hc?t.rlcl 1,e ].an~3sa~-rr~cd t:nc1 used Far hutali.c pcl.~rci:r.3.an ,• - access . to Geral.cl R. r'oxd P~•~rk; . ' N0~9, 'i'lIL}tI:I'ORE, it is hrreby r.esolvccl by the ~ ' • Town Council. of the Town of Vail, Colc~raclo th~ri:: ' (].? 'i'lrc eonveyttnca of that public prolerty dc:signatecl . as a street t}Z~:auy}i the: lfianar Vail Canclvrninium prol~c:rty is .. '. ~ • hereby appz'ovecl, provided, ha~~'ever. , t~tiat said conveyance is •. cone] i tionecl u lion t lie following ' .. •, (~~) Public pedestrian t~nc3 utility acoeaa ~eascnrent sh~till be provided across s~'tic7 property. . .. . ' ~ (}3) ltppropriate signs ,shall be provided by Manor Vai]. to inform ,the public thAt thc3 area is . .. , ::. open to t:hQ public fOr ~tCCess tU Gerald R. ' FDL'd ' . , . ' Parlc. . • . • ,• ' ' • . {c} Landscaping and improv~:mente shall •be .-• constructed by Manor Vail in accord~-:nce with the . • j... •~ ~ plans approved lJy the Council. .• ' -' (d} .A11 signs erected on the property shall ' • ~ be nl~l~roved by thQ DeEic~n Review lioarcl. ' (c} Tlie urea may not be urged by Manor Vail ' ' or its successors iro cictCrmine GR>~A. ' •. .. ~ ,.• -. (~ ~•~.~ U~ .:, ! '-~ ~ .~ G I ~' .~ .' ' .. • I 7 ti • • • . ~ ' ' , •. '•~ • ' .. •, ~{f} Mana~''VAiI Iiu~ txgrQOCI t.o grant to~ , , ' ' ~~~ the''J~'own oL ~Vai.~l.~an ~aarsemeni; t~clequate for the . , •• , • •~.nstal,~rxtian ,a.E:, m 'gviaerc 1:Lna to caervc Gerold , y ~ , • n, 1'ox'd Park,,, ai~~3 in addition therQto, hag ' t~yrecd to replace ar-y Iandsc~+pinc~ previously , clone uy Manor Vail uN Lo Lltie t~nrount of $Z0, OOQ LIiaC may have been m3.s~laced by the 'i'owit's work •• in in ,l:all.~l.ion of that sewer lino. ~ . (?.). ~'lrc '1'uwn Manacler is }tier:ef~y aui:l~Qr.izc:d i:o execute . nveyarlce o.C tha k: pululic prn~ae~`ty designai:c:cl as a 'gL•re:et - h the Manor- Vt~il Condomi:rjium pro~~crty to t•.ItiG Manor Vail ir3ium 11ssoGia~.ion, acid t1~e Av~irtc3 'own Clerk i.s herewy ixetl Lo ul.tcst to rhe~ same. , ~r~',rizauucL~, RC11D, l1I'I'1tOVI:U, ANU ADOPTLD~ this' 21st Juric, 1977. . .~ •, . ~! ~_ . , '~ ~ ~. • ' ~.. ~.~ ,~ • .. '~ ~ ~ ~~ •. , • • ' ,-. • . ~ ~ .. ~• .,., . ~: . r;, .. . , ,. • ~~~ '. a . ' • .. ,~ ' ~ ~ :;~ • ~ ~ ~i ., '~ ~ ` ,'• i , ' ~ ~ '~ .~ . ~ +- ~ ~ PROOF OF PUBLICATION STATE OF COLOfiADO ) )) SS. COtttY#Y OF EAGkF ALL>;N lcNo}C do sofamniy swear that 1 am tho__Publfaher of il•tE VAII TRAIk.• Thal the same is a weekly newspaper prlnfed, In whole a In part and published In the County of Eag€a, State of Colorado, and has a general circulation therein; chat said newspaper has been published continuously arxi uninterruptedly in said County of Eagle fcx a period of more than fifty-two cansocu#fvo weeks next prior to the first publication pf the annexed legal notice or advertisement; that said newspaper has been admitted to the United Slates mails as second class matter under the provisions of the Act of March 3,1879. or any amendments thereof, and that said newspapor is a weekly newspaper duly qualified for publishing legal notices and advertisements within the nleaning of the laws of the State of Colorado. chat the anrlexad fagot notlae or advertisement wos published in the regular and entire Issue of every number of sold weekly newspaper for the period of lJ,~2.'~ consecutive Insertions; and th/at the first publication of sold notice was in fhe Issue of said rlevrspaper doled ~1~11~___..._-_-L~~ Ap. 19 ~ and that fhe last publication of sold notice was in the Issue of sold newspaper dated ~/TF I j 1 ~I ,4D. 99 '~~ I in wlitness whereof I have hereunto set my hand this n ~/i ~! i Q.ll A D. 19~~ Subscribed and sworn to before me, a notary pu/~bii~ In c State Of Col.a~~.h., this .'-~r~/~ dW of ~ + }~ (1 r N1y commission expires I ~ -, ~,3 ' `l.l ,~, C doy of Ind for fns` my of Eagle. AD, 19~~~ ~ • Public Notice ORpINANCE ND, IZ 9edea el feel AN OripINANCE AUFHORIZlNp THE TOWN MANGER TO E%ECOTE AN AGRE$MENF FOR MOpIFICATIpN AND pAATFAL RELEASE OF RESTRICTfON3 AND COYENANF3 RELATING TO A GERTAIN SPECIAL WARRANTY DEEP CgNVEYING CERTAIN PROPERTY FROM THE TOWN OF VAfi TO 711E MANOR VAIL CDNgOMINIUM A3SOCIpTK)N, A COLORADO NON-PROFfT CORPORATION. WHEREAS, on June 21st, 1977, fho Taan d Vaff (Iha Town'), by spedal warcenty deed (yhs deed'- conveyed a parcel d progeny (hha I>,apertri,anidr was then utrlxed M ttse Town d Vail as a creel dpM of way, to the Man« Vall Condominium Assodall«t. A Dopy d the deed b attached to lhFa DlAlnance as Ekh61t A and fvtmrporaled h«eln by relerertoe. wl-IEREAS, Ina deed was corweyed aubJecS to oerfaln oortdhbrM, covarsand, raalrklbna and reaervatlans whkh ran whh Iha land and were ' 6lndnig upon the Manor Yall Condominium' ' Association r« a perkd d iwenly yaws from !M data d the conveyance (June 21st. 19771; and WHEREAS, one of the condhbne h that no proi~rtr conveyed by the deed shall be used r« conveyed el any Ilene 1« any purpose mbar Ihan pedeaulan, bicycle end limited motor vehkle Inpreea and egress to grantee's hotel; and WHEREAS, anolhBr reshkllnn h Iha1 an easement twemy teal in width goosing generaly east-west to the westerly end d the described propBny to Gerald R. Fad Park on the easterly end d the daacribed progeny was resBrved unto the grantor for pedestrian and utility purposes for the use. benefit and enpyrnenl d the pubHC; and WHEREAS, the Manor Vell Contlominlum Asecciation;Manor Valr'{ wbhes m construct, as Goan as roasonaby possible, an expanabn d the Manor Vail Condominiums on the properly conveyed 6y the deed which Is now restrlded to pedestrian, bicycle and limited motor vehicle ingreas end egress• and WHEREAS, the TBYM d Uai wlehea to obtain an eaaemenl twenty feet In wWlh passing generally east-weal acroaa the des«ibad propariy from Iha puhlk th«oughlan rtn Iha westerly and d the descrbed prdlserry l0 6arald R. Eord Park an the Baalary end d the deeabed properly for pedestrian and Inlliry purpoaea and the benefit end enloymenl d the publk In perpduny; and WHEREAS, the 7axn and Manor VaN wlah to emer iota en agreemam for tna rr,odakarbn and partial release o1 the res[ridlona and covenants contained fn the deed ("Ina aprBBmenri a copy of which Is atached hereto es Exh6it B and Incarparated herein W relerence; and WHEREAS, Manor VaN Is willing to convey la fhe Town an easement In perpetully ('Iha easement') a copy o1 which Is ahached heroin as E><hibf[ C and Incarp«atad nereln; and, WHEREAS. the agreement provldea for canllnuence in perpewfry of cenaln resGlcrbna an the use d she gopeny whidt wry •ar rvrth to the daod:. _ NOW, THEREFOAE, BE IT ORDAINED BV THE TOWN COUNCIL OE 7NiE TOWN OF YAIt, COLORApp. THAT: SECTION 1, The Town Manager re hereby adharlied Ia execute !Br the Town, the agreement far rrodnECalbn d partial release d reavkllons and covenants attached ee ENhwn B, upon the ' rnndalon Ihal, elmukaneouafy, wttn the execution d the egreerrent, Man« Vall 6naN convey to the " Town the executed easetrtam attached an Eshkrlt C. I 9ECTION 2. it any part, aanlan, subaenion, samsnce, : dqusa Or phrase of 1hFS ordinance h la any '~ rea'son held to bB Invafld. such decision shaft rtd :'~ aged IM valldhy d the rernafnhp portbrro d this ordinance; and the Town Councg hereby dedens it woub haw passed @Ih ordinance, ' and Bath part, secsbn, subsrrctldn, semence, clause « phrasr thereof, repardress d the tact ' that any one or mere pare, sedlOna, subaecrbne, teraenua, douses oI phrases ref " declared ImaIM. , SECTpN 3. -, Ths Town Councg hereby 9Ms, dMerminsi and declaee6 Ihat Ihb Ordlnanee h necessary ' ~ and proper 1« the heahh, safely and wenare d the TOwn d Yal and the Inhabkante thereof, ~~ SECTgN~. . The repeal or the repeal and reanadmeM d ~. any provisions o! Ihs Vnll Munklpal Coda es provided fn thh ordinance shag nor aped any dghl with has accrued, any ddy knposed, any .~ Vb9a11on Thal aCWfred prior 19 the eltBCiNe dale hereol, any proseculbn r:omrnenced, n« any other adton «prooeading as commenced und« ~: «6y vMUa d the provlabn repealed «repealed antl reenacted, Tna repeal d any provision hereby shall nor revWe any prrnhion or any ~, «dinance p+evipusly repealed « aupBnaded ',~ unless sxlxeaaly afaled herdn. INTRODUCED, READ AND PAS5E0 ON ' ~ FIRST REA9ING AND ORDEFlED F'UBLI3HED ONCE IN FULL ENs 18th day d April, 1991 and a '; ~ public hearMq shall be held on this «dinartce on i'i [he 7th day d Mey, 1991 et 7:30 p.m. in the i Covncll Chambeu of the Yall Munkipal ~~ Building, Yay, Cabrado. TOWN OE VAIL ' Kent R. Rose Mayer ATTEST; Pamela A. 6larrdmeyer Town Clerk PabTShed In The YdN TreN on Apd 19, 1991 ~~ .. 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