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
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