Loading...
HomeMy WebLinkAbout1976-05 Accepting the Dedication of a Certain Parcel of Property from Vail Associates Inc3 i ~, r RESOLUTION NO. .S^ Series of 1976 A RESOLUTION ACCEPTING THE DEDICATION OF A CERTAIN PARCEL OF FROPERTY FROM VAIL ASSOCIATES, INC. WHEREAS, Vail Associates, Inc. has agreed to dedicate to the Town a parcel of property located in the Vail Village for use as a fountain; and WHEREAS, it is the opinion of the Town Council that it would be in the best interest of the Town to accept said dedication and to use said property for a fountain; NOW, THEREFORE, BE YT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 1} The dedication of that property described as A part of Lot a, Block 5-B, Vail Village First Filing, County of Eagle, State of Colorado, more particularly described as follows: Commencing at the Northwest corner of said Lot a thence North 66°18' East and along the North line of said Lot a, 111.45 feet to the point of beginning; thence South 85°15'52" East a distance of 126.64 feet; thence North 79017' East a dis- tance of 63.41 feet; thence South 10043' East a distance of 7.5 feet; thence North 79017' East a distance of 41.0 feet; thence South 10043' East a distance of 22.0 feet; thence North 79°17' East a distance of 24.0 feet; thence South 10°43' East a distance of 12.71 feet; thence North 79°17' East a distance of 4.0 feet; thence South 10°43' East a distance of 63.0 feet to a point on a curve; thence a distance of 63.34 feet along the arc of a curve to the right of said curve having a radius of 622.79 feet, a central angle of 5°49'39" and whose chord bears North 84°54'08" East a distance of 63.32 feet; thence North 0°09' West a distance of 89.27 feet; thence South 79°17' West a distance of 72.40 feet; thence North 63°36' West a distance r of 44.79 feet; thence North 10°43' West a distance of 82.38 feet; thence South 66°18' West a distance of 231.59 feet to the point of beginning, contain- ing 0.424 acres, more or less. from Vail Associates, is hereby accepted to be used for a foun-,5 tain, pedestrian, and similar uses in accordance with the con- ditions of said dedication. 2) The Mayor is hereby directed to execute the acceptance of said dedication on behalf of the Town and the 1- Res. ~ 1976 Town Clerk to attest to the same with the seal of the Town. INTRODUCED, READ, AND APPROVED THIS ~ ~° day of April., 1976. ATTE,~,T a ~.,~;~~ - ~ Town C~.erk ( ' ` TOWN OF VAIL, COLORADO J~ n A. Dobson, Mayor ~. DEDTCATTON KNOW ALL MEN BY THESE PRESENTS: VAZL ASSOCIATES, It~C, , a Colorado corpora~lon t'tVail") is the owner of that certain property described in Exhibit "A" attached to and by this reference made a part hereof. Such property is hereinafter referred to as the Real Property. Vail does hereby dedicate the Real Property to the Town of Vail, a Colorado municipal. corporation {"Town"), its successors and assigns, for public use as hereinafter described, TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise appertaining, and all the estate, right, title and interest whatsoever, of Vail, its successors and assigns; PROVIDED ALWAYS, that this dedication is expressly made and accepted subject to the following express condi-~ Lions, provisions, restrictions, and covenants which shall apply to and bind the Town, its successors and assigns. I. No use of the Subject Land shall conflict with or violate any provision in the Protective Covenants of Vail. Village First riling, Eagle County, Colorado as recorded in book 174 at page l79 of the records of the Clerlc and Recorder of Eagle County, Colorado and the amendment thereto as recorded in book 178 at page 345 of the records of the Clerk and Recorder of Eas;le County, Colorado 2. The Real Property shall. be used, held and maintained in good order and condition by the Town, subject to easements or rights- of-way of record or apparent (included without limitation an easement contained in instrument dated August 29 , 197 5 and recorded on October 20~ 1~75~ in Book 242 at Page 450 pf the retards of Eagle County, Colorado) for use only as an open area for the general public as a public park which may be improved by landscaping with trees, shrubs, grass, and improved walkways, and through or under which may be constructed and maintained improvements necessary, desirable or con- venient for the provision and maintenance of utility services to adjacent or other nearby lands provided that said utility improvements shall not cause permanent disruption or alteration to the surface of the Real Property. Vail shall have na obligation or responsibility of any kind to maintain or care for the Real Property. 3, No part of the Real Property shall be used for pi.cnicklr~,g, camping or overnight stays by any person or persons. Nor shall there be permitted within or upon the Real Property any informal or organized public or private gathering or any other act by any person or persons, which in the judgment `of Vail or the Town, may deface, alter, destroy or damage the landscaping, vegetation or aesthetic value of the Real Property or litter its surface 4. Except for trees, shrubs, grass, improved walkways, fountains and other decorative items consistent with the use of the Real Property as a public park, na structures, either temporary or permanent, nor any other a.mprovements shall be constructed or permitted to remain on the Real ?'roperty, I£ at any time the surface of. the Real Property shall be disturbed, Vail reserves the right, but shall not be under any obligation, to take any action necessary to restore such land to its original condition. 5. In the event of a failure by the Town, its successors and assigns to comply with each and every one of the conditions hereof, after having received written notice of such failure and the continuance of such failure for a period of sixty (6Q) days after receipt of such notice, it shall be lawful far Vail, its successors or assigns, to re-enter and repossess the Read, Property or any part or portion thereof, and thereafter hold and enjoy it as if these presents had not been made. IN WITNESS WHEREC}F, this instrument has been executed this 24th day of October 1975. ATTEST: VAIL A55QCIATES, INC. S E A L) t~ r Frederick ~S. G#;to, Secretary xew D. Norris, Vice-President 2_ r • ! ~ STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this 24t.h day of October 1975, by Andrew D. Norris gS Vice- President and Frederick S, ~tt0 a5 S2Cretary of Vail Associates, Ync., a Colorado corporation, on behalf of such corporation. WITNESS my hand and official, seal. My commission expires SePtember~..,~.,,~1979. toy ublic ACCEPTANCE OF DEDICATION I, ~ ~ Mayor of the Town of Vail, a Colorado municipal corporation, and on ,behalf of the Town of Vail pursuant to the autharity vested in me by Ordinance No. duly adopted by the Board of Trustees of the Town of Vail, Colorado, on _, 197 do hereby accept the above and fare- going dedicatz.on for the uses and upon the terms and conditions set forth therein. IN WITNESS WHEREOF, this instrument has been executed this day of ATTEST: own C 1 er ( f STATE OF COLORADO ) SS. COUNTY OF EAGLE } 197 ~. TOWN OF VAIL ' y /' ~ '~ ayor The foregoing Acceptance of Dedication was acknowledged before me this day of 1975, by as Mayor, and +,~~ as Town Clerk of the Town of Vail, State of Colora o. WITNESS my hand and official seal. My commission expires Notary Public 3- r/ • ~ EXHI33IT A to a Dedication dated the 29th day of August, 1975 from Vail Associates, Inc. a Colorado Corporation to the Town of Vail, Colorado, a Municipal Corporation. LErAL DESCRIPTION A part of Lot a, Block 5-g, Vail Villac{e First Filing, County of Eagle, State of Colorado, snore particulaxly described as follows: Commencing at the Northwest corner of said Lot a thence North 56018' East and along the North Line of said Lot a, 1.11.45 feet to the point of beginning; thence South 85°15'52" East a distance of 126.64 feet; thence North 79°17' East a distance of 63.41 feet; thence South l0°43' East a distance of 7.5 feet; thence North 79°l7' East a distance of 41.0 feet; thence South 10°43' East a distance of 22.0 feet; thence North 790.17' East a distance of 24.0 feet; thence South 10043' East a distance of 12.71 feet; thence North 7901'1' East a distance of 4.0 feet, thence South 10oa3' East a distance of &3.0 feet to a point on a curve; thence a distance of 63.34 feet along the arc of a curve to the right of 'said curve having a radius of 522.79 feet, a central angle of 5049'39" and whose chord bears North 84°54_'08" East a distance of 63.32 feet; thence North 0009' T^]est a distance of 89.27 feet' thence South 79°17' west a distance of 72.40 feet; thence North 6303fi' ~^]est a distance of 44.79 feet; thence North 10°43' West a distance of 82.38 feet; thence South 56°18' West a distance of 231.58 feet to the point of beginning, containing 0.424 acres, more or Less.