HomeMy WebLinkAbout1978-06 Accepting a Dedication of a Pedestrian Easement from Leigh H. Norgren and Companyr
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a
RESOLUTION NO.
Series of 1978
A RESOLUTION ACCEPTING A DEDICATION OF
A PEDESTRIAN EASEMENT FROA4 LEIGH H.
NORGREN AND COMPANY; AND SETTING FORTH
DETAILS RELATING THERETO
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WHEREA5, in a settlement for a lawsuit between the
Town of Vail and Leigh H. Norgren and Company, concerning a
pedestrian easement across Lot 5, Block 6, Vail Village First
Filing, Town of Vail, Colorado, Leigh H. Norgren and Company
proposed a stipulated settlement and conditional dedication of
the pedestrian easement; and
WHEREAS, the Town Council is of the opinion that the
stipulated settlement should be accepted and the deed of dedi-
cation accepted upon the terms and conditions expressed therein;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL
OF THE TOWN OF VAIL, COLORADO, THAT:
Section 1. The deed of dedication which is attached
to this resolution as Exhibit A, is hereby accepted, including
the conditions imposed upon said dedication.
Section 2. The Mayor is hereby authorized and directed
to execute the acceptance of the dedication far and an behalf of
the Town of Vail, and the Town Clerk is authorized and directed
to attest to the Mayor's signature and affix the Town seal to the
acceptance of the dedication-.
INTRODUCED, READ, APPROVED, AND ADOPTED, this 18th day
of April, 1978.
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ATTEST:
i
G~`~~ ~~9~
Town Clerk
EXHAB I'F A
DEDICATION
KNOW ALL MEN BY THESE PRESENT:
LEIGH H. NORGREN & CO., a partnership (hereinafter
called "Norgren"}, is the owner of that property described as
Lot 5, Block 6, Vail Village First Filing, Town of Vail, Co1o-
rado, and
Norgren intends to, and by these presents does hereby,
dedicate to the TOWN OF VAZL, a Colorado municipal corporation
hereinafter called the "Town"), its successors and assigns, a
pedestrian easement over and across the southerly 20 feet of Lot
5, Black 6, Vail Village First Filing, as shown on the recorded
plat of Vail Village First Filing, TO HAVE AND TO HOLD the same,
together with all and singular the appurtenances and privileges
thereunto belonging or in anywise appertaining, PROVIDED AL[~TAYS,
that this dedication is expressly made and accepted subject to
the fallowing express conditions, provisions, restrictions, and
covenants (hereinafter referred to as the "conditions hereof")
which shall apply to and bind the Town, its successors and assigns,
namely :
1. The easement shall be used, held and maintained
for pedestrian purposes, subject to existing or recorded easements;
and
2. Improvements necessary, desirable or convenient for
the provision and maintenance of pedestrian passage may be con-
strutted and maintained on the easement at the sole expense of
the Town; and
3. The easement may not be used or improved for pedes-
trian purposes until:
a. The sale, grant, conveyance or transfer of Lot
5, Block 5, Vail Village First Filing, by Norgren to any person
or legal entity other than his wife, children, or grandchildren;
or
DEDTCATTOTd •Page 2
b. The use of the property is changed from single
family use to any other use;
whichever event occurs first.
4. No vehicular traffic of any kind or nature shall
be permitted upon, across or through the easement.
5. The conditions hereby imposed shall be effective
for 20 years from and after the life of Leigh H. Norgren.
IN WITNESS WHEREOF, this instrument has been executed
this ~~(J day of ~n~,'~ 197
State of Colorado )
55:
County of Denver )
LEIGH H, NORGREN & CO.,
a partnership
BY ~.. _ .2~tc., ;.~ ~J ~ cam- C'. ~~
Leigh ;,H~ Norgren, Par~n~r ~°-~..,~
1
The foregoing instrument was acknowledged before me
this i0th daY of Abrii , 197 $ , by Leigh H. Norgren,
a partner in Leigh H. Norgren & Co., a partnership.
Notary Public "`
ly ~.~cdrnrr~~sion expires
A~ Ca~pisiion eflpi~+rs Dea. ]~,-19~9
ACCEPTANCE OF DEDICATION
I, Rodney E. Slifer, Mayor of the Town of Vail, a
Colorado municipal corporation, and on behalf of the Town of Vail
pursuant to the authority vested in me by Resolution No. ~~,
Series of 1978, duly adopte~d~~by the Town Council of the Town of
Vail, Colorado, on ,~G~~tl~ x.978, do hereby accept the
above and foregoing dedi~tion for the uses and upon the terms
and conditions set forth therein.
S E A L)
ATTEST:
TcSGin Clerk
TOWN OF VAIL, a Colorado
municipal corporation,
kodney E~Slifer, ~kayojr