HomeMy WebLinkAbout1994-18 Vacating the Utility and Drainage Easement on Lot 6, Bighorn Estates, Town of Vail.~ ~ •
ORDINANCE NO. 18
SERIES OF 1994
AN ORDINANCE VACATING THE UTILITY AND DRAINAGE EASEMENT
ON LOT F, BIGHORN ESTATES, TOWN OF VAIL, EAGLE COUNTY, COLORADO
WHEREAS, the utility and drainage easement on the recorded plat of Lot 6, Bighorn
Estates, more fully described on Exhibit "A" attached hereto and incorporated herein by reference
(the "Easement"}, is currently encumbering a certain parcel of real estate (the "Property"} more
fully described as follows:
Lot 6, Bighorn Estates
Town of Vail, County of Eagle, Colorado, and
WHEREAS, the Easement allows the Easement User the use thereof for the construction,
maintenance, and reconstruction of transmission or distribution or systems to provide services by
the utility and drainage; and
WHEREAS, the Easement is not presently used for such construction, maintenance, and
reconstruction of actual services and systems; and
WHEREAS, neither the owner nor the Easement User realize any beneficial use in
allowing the Easement to remain; and
WHEREAS, the Owner accepts and ratifies the vacation, abandonment, release,
termination and grant of the Easement.
NOW, THEREFORE, in consideration of Ten Dollars ($10.00}, the mutual covenants and
promises contained herein and other good and valuable consideration the receipt and sufficiency
of which is hereby acknowledged by the parties thereto, the easement user and the owner
covenant and agree and the Town Council for the Easement User ordains as follows:
1 } The Easement User, on behalf of itself, its successors and assigns, by this
instrument hereby forever abandons, vacates, releases and terminates the Easement and hereby
conveys all the right, title, interest in and to the Easement to the Owner.
2) This vacation shall be binding upon and enure to the benefit of the Easement User
and the Owner and their respective successors and assigns.
3) 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 be declared invalid.
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Ordinance No. i8, Sariss of 1994
r
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4) The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vai[ and the inhabitants
thereof.
5) The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail 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 proceedings 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.
6) All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewi#h are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 1&th day of Auaust, 1994, and a public hearing shall be held on this
Ordinance on the 6th day of September, 1994, at 7:31? p.m. in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
r -T m
Merv Lapm, Mayor P o e
ATTEST:
A. 7?~~
Holl L. McCutcheon, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
by title only this 6th day of September, 1994.
j
l ~..~
Merv Lapp ,Mayor Pro-Tem
ATTEST:
0~`1 ~e~~he,~
Holly L. R~cCutcheon, Town Clerk
c:~oaasa.l s
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Ordinance No. t8, Series of t93A
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