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HomeMy Public PortalAboutOrdinance #284TOWN OF FRAar~ac ORDiare~TCE NO. 284 aeries 2003 AN ORDINANCE PROVIDING FOR THE ANNEXATION OF TERRITORY TO THE TOWN OF FRASER, COLORADO. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ERASER, COLORADO: Section 1. Annexation. Subsection A. That the Town has received a petition for the annexation of the hereinafter described property signed by persons comprising more than Fifty Percent (50%) of the landowners in the area to be annexed and owning more than Fifty Percent (500) of such area, excluding public streets, alleys and any land owned by the Town. Subsection B. That the property to be annexed is described as follows, to wit: PROPERTY DESCRIPTION ["Denver Water Board Property"]: That portion of Sections 29, 30, 31, and 32, Township 1 South, Range 75 West of the Sixth Principal Meridian, County of Grand, State of Colorado, described as follows: Notes: 1. The following described parcel being subject to any and all easements, rights of way, variances and or agreements as of record may appear. 2. Reference is herein made to the Land Survey of this parcel accompanying this metes and bounds description. BEGINNING at the northeast corner of said Section 32; Thence S O1°26'34 " E a distance of 1311.76 feet to the southerly line of the north one half of the northeast one quarter of said Section 32; Thence N 89°54'25" W, along said southerly line, passing at a distance of 1312.91 feet the easterly line of the west one half of the northeast one quarter of said Section 32 and continuing a total distance of 1714.49 feet to the approximate centerline of Leland Creek; Thence along the approximate centerline of said Leland Creek the following twelve (12) courses and distances; 1. S 20°07'06" W a distance of 226.88 feet ýÿ 2. S 25°22'56" W a distance of 432.01 feet; 3. S 70'17'58" W a distance of 525.61 feet; 4. S 47°49'46" W a distance of 390.04 feet; 5. S 69°00'04" W a distance of 953.80 feet; 6. S 27°44'49" W a distance of 424.85 feet; 7. S 00°32'15" E a distance of 503.48 feet; 8. S 04°06'12" W a distance of 260.82 feet; 9. S 27°57'15" W a distance of 390.36 feet; 10. S 49°32'25" W a distance of 1167.38 feet; 11. S 39'16'24" W a distance of 361.62 feet to the east line of said Section 31; 12. S O1°27'35" E, along the east line of said Section 31 a distance of 38.01 feet to the southeast corner of said Section 31; Thence S 89°09'28" W along the south line of said Section 31, a distance of 2658.97 feet to the southwest corner of the southeast one quarter of said Section 31; Thence N 00°55'33 " W, along the westerly line of said southeast one quarter, a distance of 2648.34 feet to the center one quarter corner of said Section 31; Thence N 00°56'49" W, along the easterly line of the northwest one quarter, a distance of 1319.87 feet to the northeast corner of the southeast one quarter of the northwest one quarter of said Section 31; Thence N 00°58'22" W, along the east line of the northeast one quarter of the northwest one quarter of said Section 31 a distance of 439.84 feet; Thence N 43°49'27" E, a distance of 1228.44 feet more or less to the north line of said Section 31; Thence N 89°37'49" E, along said line, a distance of 440.18 feet more or less to the southeast corner of the southwest one quarter of the southeast one quarter of said Section 30; Thence N 00°29'01" W, along the east line of said southwest one quarter of the southeast one quarter of said Section 30, a distance of 1317.96 feet to the northwest corner of the southeast one quarter of the southeast one quarter of said Section 30; -2- ýÿ ,i ` Thence N 89°41'52" E, along the north line of the southeast one quarter of the southeast one quarter of said Section 30, a distance of 1305.13 feet to the east line of said Section 30; Thence S 00°30'44" E, along said line a distance of 1316.42 feet to the southeast corner of said Section 30; Thence S 89°49'02 " E, along the northerly line of said Section 32, a distance of 1314.64 feet to the northwest corner of the northeast one quarter of the northwest one quarter of said Section 32; Thence S 89°57'17 " E, continuing along said northerly line of Section 32, a distance of 1317.28 feet to the north one quarter corner of said Section 32; Thence S 89°48'41" E, continuing along said northerly line of Section 32, a distance of 1186.05 feet to the approximate centerline of Leland Creek; Thence along the approximate centerline of said Leland Creek the following two (2) courses and distances; 1. N 30°10'40" E, a distance of 671.00 feet; 2. N 43°50'24" E, a distance of 604.08 feet; Thence N 56°50'24" E, departing said approximate centerline of Leland Creek, a distance of 120.00 feet; Thence N 63°12'01" E a distance of 109.25 feet; Thence along a curve to the right a distance of 120.79 feet, said curve having a radius of 100.00 feet, a delta angle of 69°12'27" and a chord length of 113.58 feet which bears S 82°11'41" E; Thence along a curve to the left a distance of 190.52 feet, said curve having a radius of 916.78 feet, a delta angle of 11°54'25" and a chord length of 190.18 feet which bears S 53°32'40" E; Thence along a curve to the left a distance of 152.58 feet, said curve having a radius of 140.70 feet, a delta angle of 62°08'02" and a chord length of 145.21 feet which bears S 39°04'35" E; Thence S 70°08'36" E, a distance of 141.10 feet to the easterly line of the southeast one quarter of the southeast one quarter of said Section 29; Thence S 00°11'10" E, along said east line a distance of 845.77 feet to the POINT OF BEGINNING. -3- ýÿ a v Containing 685.472 acres of land more or less. Subsection C. That the said property is eligible for annexation as provided in "The Municipal Annexation Act of 1965". Subsection D. That the Amended and Restated Annexation Agreement for the Rendezvous Property, dated June 4, 2003 (the "Annexation Agreement"), between Rendezvous Colorado, LLC, as Developer, and the Town of Fraser, approved by Ordinance No. 286, Series 2003, is hereby made a condition of this annexation and such property shall be subject the terms and provisions of said Agreement. Subsection E. That the hereinabove described property be and the same is hereby annexed to the Town of Fraser, Colorado, and the corporate limits of said Town are hereby extended to encompass said property. Section 2. Condition. This Ordinance is conditioned upon said Developer obtaining and delivering to the Town Clerk an original or counterpart copies of said Annexation Agreement duly signed and acknowledged by all affected land owners and lienholders identified in said Annexation Agreement, within forty-five (45) days after the date of adoption of this Ordinance. If this condition is not fully satisfied within said forty-five (45) day period, then the Board of Trustees may, at its option, rescind or repeal this Ordinance and declare said Annexation Agreement null and void. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES THIS 4t'' day of June, 2003. Votes in favor: ~ BOARD OF TRUSTEES OF THE Votes opposed: ~ TOWN OF FRASER, COLORADO Votes abstained: ~ Dennis K. Soles, Mayor -4- ýÿ .. o~ ~9 ~®~ ~~~~ ATTEST ~~ ( S E A~ r ~ / 1 Molly c andless, Town Clerk co~o~~-oo Published in the Winter Park Manifest on / ~f 2003. -5- ýÿ