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HomeMy WebLinkAbout2004-14 Authorizing the Town Manager to Execute and Deliver an Intrument to Establish Certain Restrictive Covenants Limiting the use of Certain Real Property Owned by TOVRESOLUTION NO. 14 SERIES OF 2004 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AND DELIVER AN INSTRUMENT TO ESTABLISH CERTAIN RESTRICTIVE COVENANTS LIMITING THE USE OF CERTAIN REAL PROPERTY OWNED BY THE TOWN OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, acting through its Town Council, has determined that there is sufficient community initiative and support for establishing recorded open space use restrictions against certain properties owned by the Town of Vail and conveyed to the Town of Vail by two deeds recorded in the real property records for Eagle County, Colorado, on July 17, 1984, at Book 389, Page 502, and on January 20, 2000, at Reception No. 720888 (the "Open Space Property"); and WHEREAS, a form of "Agreement Establishing Restrictive Covenants" (the "Agreement")is in the process of being prepared and drafted for purposes of establishing the pertinent open space use restrictions against the Open Space Property; and WHEREAS, the Town Council of the Town of Vail finds that the adoption of this Resolution No. 14, 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, acknowledge and deliver, and then record, the Agreement with such terms and provisions as the Town Manager may deem necessary or appropriate, after consultation with the Town Attorney, and with the Agreement to be applicable to all or portions of the Open Space Property as deemed necessary or appropriate by the Town Manager, after consultation with the Town Attorney. 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. 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. r~ Resolution 14, Series of 2004 INTRODUCED, READ, APPROVED AND ADOPTED this 16~h day of March, 2004. Rodney E. Slifer, M~ror, Town of Vail ATTEST: Lbr~(ei D naldson, Resolution No. 14, Series of 2004 P Town Clerk 2 l.. YIIillillilliillliliitililiIllillllIliilIllIilllIltllilt Tzeea~ oii~ei~ is ~ zu ai' s.r. fi.a.r i ~1 T R 3i.N d 0.80 N 0.80 Earls CO -~~ 7~~ QUiT CLAIM DEED ~ r"C ,,~,,~'~' S'f' T THIS DEED, Made this ~~ J day of 1lZC e He 6 er 199, between ..L.~. VAIL COAPORJITION, doing business as Vail Associates, Inc., a corporation duly organized and existing under and by virtue of the laws of the state of Colorado, Grantor, and TO~DT OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado, Grantee, whose legal address is 75 South Frontage Road West, Vail, Colorado 81657 „ 88, That, the grantor, for and in consideration of the sum of TEN DOLLARS {$10.00), the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUIT CLAIMED, and by these presents dose remise, release, sell and QUIT CLAIM unto the grantee, its successors and assigns forever, all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Eagle and State of Colorado, described as follows: Parcel 1. Tract H, Vail Village, Twelfth Filing, according to the recorded Plat thereof, County of Eagle, State of Colorado. Parcel 2. Tracts A, B, C and F, Vail Village, Eleventh Piling, according to the recorded plat thereof, County of Eagle, State of Colorado. Parcel 3,. Tracts A and D, Vail/Potato Patch, according to the •.~ recorded plat thereof, County of Eagle, State of Colorado. Parcel 4. The real property more particularly described on Exhibit A attached hereto and made a part hereof. E]CC3PT BQHJECT TO ~~ RSs~+~.ICTIONS 8!T PORTS Oft .r...sIHIT 8 ATTACHED r~.i"1`O 11ND INCORPORi1.~ HSREIM, AND R88ERVINQ D'NTO 4RA~1TO~t THOSE Dix +..~8 88T 8ORTR ON 8XSIHIT C ATTA~.~ BEIt='PO ADTD ~.~~.O~tPORA~,~... 8SRlIN also knows by street and number as: vacant land TO S~11TS A'1aD TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use and benefit of the grantee, its successors and assigns forever. IN lPI..~~.88 R.:....a.8O8, The grantor has cawed is corporate name to be hereunto subscribed by its ~ n . or UTe c 1't~s ~ v.,"f` and its KT _D LC3 172.20.29.20 EGA 720888-2000.001 corporate seal to be hereunto affixed, the day and year first above written: f•r TSB VAIL CORPORATION a Colorado corporat on l,~lk~ 1~ • ~ 1 • ~ Liw.~ i 8 ~y; 5Name : W ~ 11- a w. -q • .J~~^ ~^,:- , y~~ Title : ~,~.+.~..~.. til ~ c.,~ ti .~., .,~.v..rJ s~TS ``oF coLOx~,no } des. COUNTY OF BAQLB } The fore Ding instrument wae~ acknowledged before m this 21f~ 199, by ae ~,.~q.u~ !~,",. of The Drat on, a Colorado corporat of a, on be~al o such po't'at n. c Nty commiseioa expires l0 ~ Z 4 , ~O>pD . g ' ~o~ pV0 f~r+ Witn , my hand and official seal . ti, . •• ~, SKATE ~~ d7Z NNto~ai-y .Pub C itiii~i~i~~iiiurN1111111~tilll~l11111111111i~~~ii~ Z~1 Rim. N °° e~~eN m ~ ~Nri: i ~ KLD LQ~ 172.20.29.20 Ed 720888-2000.002 r EXHIBIT A ATTACHED TO AND FORMING PART OF QUIT CLAIM }SEED F~RyOrM~ iris VAIL CORPORATION TO TOWN OF VAIL DATED ~C ~~- 4~Y--~~-J-+. Legal Description of Parcel 4 tattachedl i,~~~w~,m~~~~~u KLD LG 1'72.20.29.20 EG 720888-2000.003 ~ ii uuiN~uniiwuir ~~~mi~aii a,~,e~,. ,. m ATTACHED TO AND FORMINt3 PART OF QUI CLAZ DEED FROM THE VAIL CORPORATION TO TOWN OF VAIL DATED ~t C P.v-+ ~w' Z~~ • A3 USED HEREIN "PREMISES" SHALL MEAN THAT REAL PROrt~stTY DESCRIBED IN THE DEED.) I. RBSTRICTION$ 1. (a) Subject to existing uses as of the date hereof, matters of record and the Reservations set forth in Exhibit C hereof,'the Premises are restricted to the following uses: open apace, provided, however, that the following uses are permitted: public pedestrian access (including sidewalks, benches, trails, wetlands boardwalks, bridges, landscaping elements, retaining walls and other improvements con®istent with such use); utilities and appurtenance®f drainage and appurtenances; the construction, reconstruction, creation, installation, enhancement, enlargement and maintenance of wetlands, streams and water courses; recreation activities; and Signage relating to ski area operations and mountain activities, and further provided that, with respect to Parcel 3 of the Premises, communication equipment and appurtenances and buildings containing such 'equipment), including but not limited to antennas, towers and other communication devices are also permitted. b) Notwithstanding the use restrictions set forth in Section 1. (a) of this Exhibit B and subject to the Reservations set forth in Exhibit C below, the Town of Vail may further restrict uses on `~ the Premiae~s. 2. Subject to existing uses as of the date hereof, parking of passenger vehicles (e. g., care, vans) is strictly prohibited on the Premises. 3. The Premises, and any use or rights of use thereof, shall not be conveyed, granted or transferred to another party without the express written consent of The Vail Corporation. 4. The Town of Vail shall not seek redress or claims against The Vail Corporation, and The Vail Corporation will not be liable, for any damage or injury to persons, land or improvements within or outside of the Premises caused by, arising from or resulting from high waters of any body of water, including running water, geologic and soils conditions, and other conditions of nature of the Premises. II. asv$RSxox Zf the Town of Vail does not comply with all the restrictions set forth in Part I of this Exhibit B, and, upon written notice from The Vail Corporation of a violation of restriction, and, after 30 days the Town of Vail does not correct such violation, then the 3KLD LG 172.20.29.20 EG 720888-2000.005 i 1lilil !l111!lililili tiili 111l111i 11111111 l111!l1111111 726N6 01/26/Z066 12:21' 31! Sara Flakier PR~'ERTY DESCRIPTION 4 of 7 R 31.66 D 0.~ N 6.00 Easls CO An unplatted parcti of tend located in the N1/t of Stctton 7, Township S South. Range BO Hest of the Sixth Prtnctpol, which Is bounded on the north by Vntl/Ltonshend, Strand FllinQQ, and on the south by Yoll Yltlnpt -Third Pt~ttnp, according to tfis naps thtrsof recorded to the office of the Engple County, Colorado, Cterk anal Recorder, snid parcel of land destribtd ns foltows~ Inning nt the northeast corner of Lot 6, Block 3, sold Votl Vi toppet -Third Fillnp, which is olso the northwsst corner of lot 41, BleCk 7, Vntt Vltlapt yFirst Fittnpt thtnct4 the fotlowtnp two F~linps C1~N7Zh14~00{H 575.00E e~ Z) S38.1i~431'Ht673.40 Third ftet~, to the northwest corner of Lot S, Stock 4, snid Vntl Villaps - Third Filing, which Is also the Host northerly corner of Lot i, 81otk 2, Vatt Vtitappse, Sixth Ftltnppi thence, departing said northerly boundaryy, N03.08'3B'N 400.43 feet to the • southerly boundary of Tract 8, Voll/Llonshead StCOnd F1tlnpp~ thence the followtn ten coursss aloepp said southerly boundnry~ CI) N62.24'00'E 37.0 fsett t2) N34.34'00•E 78.00 fteti t3) Mii•34'00'E 252.00 fett~ t4) N64.2P'00'E 93.00 feed t5) N68.OS'00'E 123.00 feett t6> S73.36'00•E 186.00 ftett t7) N90.00.00'E 130.00 feet] t8) S49.36'00•E 833.00 fett~ t9) S86.4A'42'E 179.90 fsst~ C10) S19•S2.36'V 161.57 Peet S19.19'SO'V 179.60 fset cnlculnted)~ to the point of beptnnlnp, contninlnp 6.308 acres, tort or less. Notes Bearings based on record call, Vatl/I.fonshend Second Flltnp. This description was prepared from the rtCOrdtd subaltvlsions which surround the parcel. Date. ~~~,,Z_--Stan Hop dt - Colorado P.L.S. 26596 0. vin, / uoNS+uo. s~~., ~ ~~ FaiNa N !~'00'Od' E - 130.00 N OV34'0~ E - 72.00 N t3'24'Oa' t -37.00 1p i f t nor s 4 i e wt • ar s nor ~ PARCEL e.so3 ~cna N LOT t v~ vK,UOt, tMao ruNo zoo 0 d s atr4r~ t t7tttp w.~ ~~w p~ N Q:O. wr s zoo 400 600 Fs~t 1 KLD LC3 172.20.29.20 EG 720888-2000.004 IBIT C R888RVATIONB The Vail Corporation, for itself, its successors and assigns, hereby reserves perpetual non-exclusive easements on, over, under, across, above and through (i) the Premises for the uses set forth in Section 1 (a}of Exhibit B above and (ii) Parcel 4 of the Premises for the purposes of (y)accese (ingress and egress) by pedestrians, bicyclists, skiers, snowmobiles, snowcats, round fire maintenance vehicles, and other rneane of traverse consistent with recreation activities and maintenance on Vail Mountain, and (z) parking of such equipment and/or vehicles. The Vail Corporation, the Town of Vail and any public utility company shall not be responsible or liable for damage to or lose of any improvements existing on the Premises caused by or arising from exercise of easement rights reserved or set forth in this Exhibit C. 4U~Pi,~?~,~,~!~~a~~u~ LJ SKLD LC3 172.20.29.20 EG 720888-2000.007