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.