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HomeMy WebLinkAbout1978-06 Accepting a Dedication of a Pedestrian Easement from Leigh H. Norgren and Companyr Y 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 34~..L09~ B U 0 K.........I...~~.k``, PAG f,.....~~..1..~ J~NNN~TT: ~HILE.f~:~ EAG~.~ ~1'Y. ~i~C4RDEf, P Z ~ 49 ~'~~ 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. ayOr / 1 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