HomeMy WebLinkAbout2004-14 Authorizing the Town Manager to Execute and Deliver an Intrument to Establish Certain Restrictive Covenants Limiting the use of Certain Real Property Owned by TOVRESOLUTION NO. 14
SERIES OF 2004
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AND
DELIVER AN INSTRUMENT TO ESTABLISH CERTAIN RESTRICTIVE COVENANTS
LIMITING THE USE OF CERTAIN REAL PROPERTY OWNED BY THE TOWN OF
VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail, acting through its Town Council, has determined that there
is sufficient community initiative and support for establishing recorded open space use
restrictions against certain properties owned by the Town of Vail and conveyed to the Town of
Vail by two deeds recorded in the real property records for Eagle County, Colorado, on July 17,
1984, at Book 389, Page 502, and on January 20, 2000, at Reception No. 720888 (the "Open
Space Property"); and
WHEREAS, a form of "Agreement Establishing Restrictive Covenants" (the "Agreement")is in the process of being prepared and drafted for purposes of establishing the pertinent open
space use restrictions against the Open Space Property; and
WHEREAS, the Town Council of the Town of Vail finds that the adoption of this
Resolution No. 14, 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, acknowledge and deliver, and then record, the Agreement with such terms and
provisions as the Town Manager may deem necessary or appropriate, after consultation with
the Town Attorney, and with the Agreement to be applicable to all or portions of the Open Space
Property as deemed necessary or appropriate by the Town Manager, after consultation with the
Town Attorney.
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.
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.
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Resolution 14, Series of 2004
INTRODUCED, READ, APPROVED AND ADOPTED this 16~h day of March, 2004.
Rodney E. Slifer, M~ror, Town of Vail
ATTEST:
Lbr~(ei D naldson,
Resolution No. 14, Series of 2004
P
Town Clerk
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QUiT CLAIM DEED ~ r"C ,,~,,~'~'
S'f' T
THIS DEED, Made this ~~
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day of 1lZC e He 6 er 199,
between ..L.~. VAIL COAPORJITION, doing business as Vail Associates,
Inc., a corporation duly organized and existing under and by virtue
of the laws of the state of Colorado, Grantor, and TO~DT OF VAIL, a
municipal corporation duly organized and existing under and by
virtue of the laws of the State of Colorado, Grantee, whose legal
address is 75 South Frontage Road West, Vail, Colorado 81657 „
88, That, the grantor, for and in consideration of the sum of
TEN DOLLARS {$10.00), the receipt and sufficiency of which is
hereby acknowledged, has remised, released, sold and QUIT CLAIMED,
and by these presents dose remise, release, sell and QUIT CLAIM
unto the grantee, its successors and assigns forever, all the
right, title, interest, claim and demand which the grantor has in
and to the real property, together with improvements, if any,
situate, lying and being in the County of Eagle and State of
Colorado, described as follows:
Parcel 1. Tract H, Vail Village, Twelfth Filing, according to the
recorded Plat thereof, County of Eagle, State of Colorado.
Parcel 2. Tracts A, B, C and F, Vail Village, Eleventh Piling,
according to the recorded plat thereof, County of Eagle, State of
Colorado.
Parcel 3,. Tracts A and D, Vail/Potato Patch, according to the •.~
recorded plat thereof, County of Eagle, State of Colorado.
Parcel 4. The real property more particularly described on Exhibit
A attached hereto and made a part hereof.
E]CC3PT BQHJECT TO ~~ RSs~+~.ICTIONS 8!T PORTS Oft .r...sIHIT 8 ATTACHED
r~.i"1`O 11ND INCORPORi1.~ HSREIM, AND R88ERVINQ D'NTO 4RA~1TO~t THOSE
Dix +..~8 88T 8ORTR ON 8XSIHIT C ATTA~.~ BEIt='PO ADTD ~.~~.O~tPORA~,~...
8SRlIN
also knows by street and number as: vacant land
TO S~11TS A'1aD TO HOLD the same, together with all and singular the
appurtenances and privileges thereunto belonging, or in anywise
thereunto appertaining, and all the estate, right, title, interest
and claim whatsoever, of the grantor, either in law or equity, to
the only proper use and benefit of the grantee, its successors and
assigns forever.
IN lPI..~~.88 R.:....a.8O8, The grantor has cawed is corporate name to
be hereunto subscribed by its ~ n . or UTe c 1't~s ~ v.,"f` and its
KT _D LC3 172.20.29.20 EGA 720888-2000.001
corporate seal to be hereunto affixed, the day and year first above
written:
f•r
TSB VAIL CORPORATION
a Colorado corporat on
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des.
COUNTY OF BAQLB }
The fore Ding instrument wae~ acknowledged before m this 21f~
199, by ae ~,.~q.u~ !~,",. of The
Drat on, a Colorado corporat of a, on be~al o such
po't'at n.
c Nty commiseioa expires l0 ~ Z 4 , ~O>pD .
g ' ~o~
pV0 f~r+ Witn , my hand and official seal .
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KLD LQ~ 172.20.29.20 Ed 720888-2000.002
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EXHIBIT A
ATTACHED TO AND FORMING PART OF QUIT CLAIM }SEED F~RyOrM~ iris VAIL
CORPORATION TO TOWN OF VAIL DATED ~C ~~- 4~Y--~~-J-+.
Legal Description of Parcel 4
tattachedl
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KLD LG 1'72.20.29.20 EG 720888-2000.003 ~
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ATTACHED TO AND FORMINt3 PART OF QUI CLAZ DEED FROM THE VAIL
CORPORATION TO TOWN OF VAIL DATED ~t C P.v-+ ~w' Z~~ • A3 USED
HEREIN "PREMISES" SHALL MEAN THAT REAL PROrt~stTY DESCRIBED IN THE
DEED.)
I. RBSTRICTION$
1. (a) Subject to existing uses as of the date hereof, matters
of record and the Reservations set forth in Exhibit C hereof,'the
Premises are restricted to the following uses: open apace,
provided, however, that the following uses are permitted: public
pedestrian access (including sidewalks, benches, trails, wetlands
boardwalks, bridges, landscaping elements, retaining walls and
other improvements con®istent with such use); utilities and
appurtenance®f drainage and appurtenances; the construction,
reconstruction, creation, installation, enhancement, enlargement
and maintenance of wetlands, streams and water courses; recreation
activities; and Signage relating to ski area operations and
mountain activities, and further provided that, with respect to
Parcel 3 of the Premises, communication equipment and appurtenances
and buildings containing such 'equipment), including but not
limited to antennas, towers and other communication devices are
also permitted.
b) Notwithstanding the use restrictions set forth in Section
1. (a) of this Exhibit B and subject to the Reservations set forth
in Exhibit C below, the Town of Vail may further restrict uses on `~
the Premiae~s.
2. Subject to existing uses as of the date hereof, parking of
passenger vehicles (e. g., care, vans) is strictly prohibited on
the Premises.
3. The Premises, and any use or rights of use thereof, shall not
be conveyed, granted or transferred to another party without the
express written consent of The Vail Corporation.
4. The Town of Vail shall not seek redress or claims against The
Vail Corporation, and The Vail Corporation will not be liable, for
any damage or injury to persons, land or improvements within or
outside of the Premises caused by, arising from or resulting from
high waters of any body of water, including running water, geologic
and soils conditions, and other conditions of nature of the
Premises.
II. asv$RSxox
Zf the Town of Vail does not comply with all the restrictions
set forth in Part I of this Exhibit B, and, upon written notice
from The Vail Corporation of a violation of restriction, and, after
30 days the Town of Vail does not correct such violation, then the
3KLD LG 172.20.29.20 EG 720888-2000.005
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726N6 01/26/Z066 12:21' 31! Sara Flakier
PR~'ERTY DESCRIPTION 4 of 7 R 31.66 D 0.~ N 6.00 Easls CO
An unplatted parcti of tend located in the N1/t of Stctton 7,
Township S South. Range BO Hest of the Sixth Prtnctpol, which Is
bounded on the north by Vntl/Ltonshend, Strand FllinQQ, and on the
south by Yoll Yltlnpt -Third Pt~ttnp, according to tfis naps
thtrsof recorded to the office of the Engple County, Colorado,
Cterk anal Recorder, snid parcel of land destribtd ns foltows~
Inning nt the northeast corner of Lot 6, Block 3, sold Votl
Vi toppet -Third Fillnp, which is olso the northwsst corner of lot
41, BleCk 7, Vntt Vltlapt yFirst Fittnpt thtnct4 the fotlowtnp two
F~linps C1~N7Zh14~00{H 575.00E e~ Z) S38.1i~431'Ht673.40 Third
ftet~, to the northwest corner of Lot S, Stock 4, snid Vntl
Villaps - Third Filing, which Is also the Host northerly corner
of Lot i, 81otk 2, Vatt Vtitappse, Sixth Ftltnppi thence, departing
said northerly boundaryy, N03.08'3B'N 400.43 feet to the •
southerly boundary of Tract 8, Voll/Llonshead StCOnd F1tlnpp~
thence the followtn ten coursss aloepp said southerly boundnry~
CI) N62.24'00'E 37.0 fsett t2) N34.34'00•E 78.00 fteti
t3) Mii•34'00'E 252.00 fett~ t4) N64.2P'00'E 93.00 feed
t5) N68.OS'00'E 123.00 feett t6> S73.36'00•E 186.00 ftett
t7) N90.00.00'E 130.00 feet] t8) S49.36'00•E 833.00 fett~
t9) S86.4A'42'E 179.90 fsst~ C10) S19•S2.36'V 161.57 Peet
S19.19'SO'V 179.60 fset cnlculnted)~ to the point of
beptnnlnp, contninlnp 6.308 acres, tort or less.
Notes Bearings based on record call, Vatl/I.fonshend Second
Flltnp. This description was prepared from the rtCOrdtd
subaltvlsions which surround the parcel.
Date. ~~~,,Z_--Stan Hop dt -
Colorado P.L.S. 26596
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N OV34'0~ E - 72.00
N t3'24'Oa' t -37.00
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KLD LC3 172.20.29.20 EG 720888-2000.004
IBIT C
R888RVATIONB
The Vail Corporation, for itself, its successors and assigns,
hereby reserves perpetual non-exclusive easements on, over, under,
across, above and through (i) the Premises for the uses set forth
in Section 1 (a}of Exhibit B above and (ii) Parcel 4 of the
Premises for the purposes of (y)accese (ingress and egress) by
pedestrians, bicyclists, skiers, snowmobiles, snowcats, round fire
maintenance vehicles, and other rneane of traverse consistent with
recreation activities and maintenance on Vail Mountain, and (z)
parking of such equipment and/or vehicles. The Vail Corporation,
the Town of Vail and any public utility company shall not be
responsible or liable for damage to or lose of any improvements
existing on the Premises caused by or arising from exercise of
easement rights reserved or set forth in this Exhibit C.
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SKLD LC3 172.20.29.20 EG 720888-2000.007