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HomeMy WebLinkAbout1981-05 Approving the Resolution of the Legal Action Brown V. Town of Vail Relating to Lot G-4, Lion's Ridge Subdivision, Filling No. 2RESOLUTION #~5 Series of 19&1) A RESOLUTION Or THE TOWN COUNCIL APPROVING THE RESOLUTION OF THE LEGAL ACTION t3ROWN V. TOWN OF VAIL RELATIIV'C TO Il0`1` G-4, LION'S RIDGE SUBDIVISION, FILITdG N0. 2; AND SETTING FORTH DETAILS RELATING THERETO. WHEREAS, a legal action has been commenced relating to the development rights on Lot G-4, Lion's Ridge Subdivision, Filing No. 2, hereinafter referred to as Lot G--4; and WHEREAS, a proposal for resolution of that legal action has been made by the Plaintiff; and WHEREAS, the Town Council believes that the proposed resolution should be accepted; NOW, TH%REFORE, BE IT ORDAINED BY THE T0~"JN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section {1), In relation to the legal action - Brown v. Town of Vail -relating to Lot G-4, the Town Council hereby accepts and approves the proposed settlement in accordance with the following: a) The Court shall enter a declaratory judgment that the rights of the Plaintiff consist of the Subdivision Covenants, the rights granted by the judgrent in Civil Action No. 3~~9 and that the County Subdivision regulations and Uniform Building Code in effect on November 10, 1.9'T7 are applicable. b) The Town shall issue its appropriate permits in accordance with and subject to said vested rights, upon application by the Plaintiff. c) The stipulative judgment concerns this case only and the parties hereto the Town is estopped to deny or oppose the declaration of and existence of the vested rights. d) For a judgment that Plaintiff's rights shall inure to the benefit of his heirs, successors and assigns. k~~.ction {2}. The Town approval is expressly contingent on the following: a) The parties recognize and agree that the issues herein inay have implications beyond the suit and it is their intention that the Stipulation apply only to these parties and the facts in this case. b) The Plaintiff wi11 dismiss with prejudice civil actions: Brown v Town of Vail, 8J.CV26 and Brown v Town of Vail 81CV25 presently flied in the Eagle County District Court. c) That the Plaintiff agrees that the development rights on Lot G-d shall nat exceed 30 dwelling units, constructed in accordance with the vested rights specified in (a) above. Section (3). The Town Attorney is hereby authorized and directed to prepare and sign for and on behalf of the Town the documents and pleadings necessary to implement the terms of this Fvesolution. INTRODUCED, READ, APPROVED, AND ADOPTED this 3rd day of February, 1981. ATTEST: Town Clerk i/ i rtayo~r ~~ ~ %` ~' 2-