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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