HomeMy WebLinkAbout2004-22 Approving and Accepting a Special Warranty Deed from Buffehr Creek PartnersRESOLUTION N0.22
Series of 2004
A RESOLUTION APPROVING AND ACCEPTING, ON BEHALF OF THE
TOWN OF VAIL (THE "TOWN" OR "GRANTEE"), A SPECIAL
WARRANTY DEED FROM BUFFEHR CREEK PARTNERS, A COLORADO
LIMITED PARTNERSHIP (THE "GRANTOR"), WHICH DEED PERTAINS
TO CERTAIN REAL PROPERTY WITHIN THE TOWN OF VAIL AND
WHICH IS ENCUMBERED BY A CONSERVATION EASEMENT IN FAVOR
OF THE EAGLE VALLEY LAND TRUST, A NONPROFIT COLORADO
CORPORATION (THE "TRUST"); AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, The Town of Vail, in the County of Eagle and State of Colorado is a
home rule municipal corporation duly organized and existing under the laws of the State of
Colorado and the Town Charter (the "Charter"); and
WHEREAS, The members of the Town Council of the Town (the "Council")
have been duly elected and qualified; and
WHERAS, The Grantor is the sole owner in fee simple of certain real property
located within the Town of approximately nine (9) acres, legally described as Tract A Eleni
Zneimer Subdivision, Town of Vail, County of Eagle, State of Colorado (the "Property"); and
WHEREAS, the Trust is a Colorado nonprofit corporation which is organized to
preserve and conserve natural areas and significant land for ecological, open space, scenic,
aesthetic, scientific, charitable and educational purposes; and
WHEREAS, In December of 2003, acknowledging that the Property has
significant scenic, aesthetic and open space values as set out in the Colorado Revised Statutes
C.R.S.) Section 38-30.5-101, et seq., the Grantor conveyed a Deed of Conservation Easement
the "Easement") in favor of the Trust in order to permanently preserve the entire Property as
open space for the use and enjoyment of the general public (a copy of the Easement is open for
public inspection on file in the office of the Town Clerk); and
WHEREAS, the Grantor now desires to deed its interest in the Property to the
Town and the Town is willing to accept said deed subject to the Easement as described above;
and
WHEREAS, the approval and acceptance of the deed complies with all applicable
laws and regulations of the State of Colorado and the Town, and the Town has the authority to
enter into this transaction pursuant to such laws.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO as follows:
Resolution No. 22, Series of 2004 1
4
Section 1.
The Special Warranty Deed granting and conveying the Property to the Town is hereby approved
and accepted by the Town. The Town Manager is hereby authorized and directed to execute and
accept the deed, on behalf of the Town, with such terms and provisions as the Town Manager,
after consultation with the Town Attorney, considers to be necessary or aYy...y~:ate in
furtherance of this Resolution.
Section 2.
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.
INTRODUCED, READ, APPROVED AND ADOPTED this 7~ day of
December, 2004.
A ~ ~ SST:
Loxel~ D aldson,
Town Clerk
o~.
iQy .oo; ~
G~~~
1~~ti~,~~
Rodney Slifer, L
Mayor, Town of Vail
2