HomeMy WebLinkAbout2004-13 Authorizing the Town Manager to Execute and Deliver a Partial Termination of Protective Covenants to be made with Vail CorporationRESOLUTION NO. 13
SERIES OF 2004
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AND
DELIVER A PARTIAL TERMINATION OF PROTECTIVE COVENANTS, TO BE MADE
WITH THE VAIL CORPORATION, AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, the Town of Vail, acting through its Town Council and its Planning and
Environmental Commission, have approved and adopted a rezoning and resubdivision of
certain real property owned by The Vail Corporation and now legally platted as Forest Place
Subdivision, according to the recorded plat thereof, which replatting and resubdivision allow for
the development and use of that property for single-family residences; and
WHEREAS, the aforesaid Forest Place Subdivision, and certain other parcels also
owned by The Vail Corporation (collectively the "Property"), are subject of record to certain
protective covenants set forth in an instrument recorded in the real property records for Eagle
County, Colorado, on August 30, 1971, at Book 221, Page 498 (the "Covenants"), which
Covenants conflict with single-family residential use, and may conflict with other desirable uses
for the Property, and also provide that they may not be terminated or amended except by written
consent of both Vail Associates, Inc. (now known as The Vail Corporation) and the Town of Vail;
and
WHEREAS, the Covenants are contrary to applicable public land use policies, and
should be removed as an impediment to those policies; and
WHEREAS, the Town Council of the Town of Vail finds that the adoption of this
Resolution No. 13, Series of 2004, is in the best interests of the Town of Vail and its citizenry.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO:
1. The Town Council of the Town of Vail hereby authorizes the Town Manager to
execute and deliver a Partial Termination of Protective Covenants in such form and with such
provisions as the Town Manager may deem necessary or appropriate, after consultation with
the Town Attorney, for purposes of effectuating the termination of the Covenants as an
encumbrance against the Property.
2. If any part, section, subsection, sentence, clause or phrase of this Resolution is
for any reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this Resolution, and the Town Council hereby declares it would have passed this
Resolution, and each part, section, subsection, clause or phrase thereof, regardless of the fact
that any one or more parts, sections, subsections, clauses or phrases be declared invalid.
3. The Town Council hereby finds, determines and declares that this Resolution is
necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants
thereof.
Resolution No. 13, Series of 2004
4. Bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent
herewith 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 ADOPTED this 16~' day of March, 2004.
Rodney E. Slifer, Mayor~Town of Vail
ATTEST:
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relei~Donaldson, Town Clerk
Resolution No. 13, Series of 2004 2
SEAL
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