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HomeMy WebLinkAbout2004-13 Authorizing the Town Manager to Execute and Deliver a Partial Termination of Protective Covenants to be made with Vail CorporationRESOLUTION NO. 13 SERIES OF 2004 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AND DELIVER A PARTIAL TERMINATION OF PROTECTIVE COVENANTS, TO BE MADE WITH THE VAIL CORPORATION, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, acting through its Town Council and its Planning and Environmental Commission, have approved and adopted a rezoning and resubdivision of certain real property owned by The Vail Corporation and now legally platted as Forest Place Subdivision, according to the recorded plat thereof, which replatting and resubdivision allow for the development and use of that property for single-family residences; and WHEREAS, the aforesaid Forest Place Subdivision, and certain other parcels also owned by The Vail Corporation (collectively the "Property"), are subject of record to certain protective covenants set forth in an instrument recorded in the real property records for Eagle County, Colorado, on August 30, 1971, at Book 221, Page 498 (the "Covenants"), which Covenants conflict with single-family residential use, and may conflict with other desirable uses for the Property, and also provide that they may not be terminated or amended except by written consent of both Vail Associates, Inc. (now known as The Vail Corporation) and the Town of Vail; and WHEREAS, the Covenants are contrary to applicable public land use policies, and should be removed as an impediment to those policies; and WHEREAS, the Town Council of the Town of Vail finds that the adoption of this Resolution No. 13, Series of 2004, is in the best interests of the Town of Vail and its citizenry. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. The Town Council of the Town of Vail hereby authorizes the Town Manager to execute and deliver a Partial Termination of Protective Covenants in such form and with such provisions as the Town Manager may deem necessary or appropriate, after consultation with the Town Attorney, for purposes of effectuating the termination of the Covenants as an encumbrance against the Property. 2. If any part, section, subsection, sentence, clause or phrase of this Resolution is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Resolution, and the Town Council hereby declares it would have passed this Resolution, and each part, section, subsection, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines and declares that this Resolution is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Resolution No. 13, Series of 2004 4. Bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED AND ADOPTED this 16~' day of March, 2004. Rodney E. Slifer, Mayor~Town of Vail ATTEST: r} n relei~Donaldson, Town Clerk Resolution No. 13, Series of 2004 2 SEAL cO~....•~:o~ ~