HomeMy Public PortalAboutOrdinance #105
TOWN OF FRASER
ORDINANCE NO. J & 5
.
(Forest Meadows No.3)
AN ORDINANCE PROVIDING FOR THE ANNEXATION OF TERRITORY TO THE TOWN OF
FRASER AND ZONING SUCH ANNEXED PROPERTY, AMENDING THE OFFICIAL ZONING
MAP OF THE TOWN OF FRASER, AND AMENDING THE FRASER ZONING ORDINANCE NO.
53 OF THE TOWN OF FRASER, COLORADO.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO:
Section 1. Annexation.
Subsection A. That the owner(s) of one hundred percent (100%) of
the hereinafter described property, exclusive of streets and alleys has
(have) filed with the Board of Trustees of the Town of Fraser, Colorado,
a Petition For Annexation of said property to the Town of Fraser,
Colorado.
Subsection B. That the property to be annexed is described as
follows, to wit:
A parcel of land in the SW1/4 of Section 20, Township 1 South,
Range 75 West of the 6th P.M., Grand County, Colorado, more
particularly described as follows:
Commencing at the West 1/4 corner of said Section 20, thence along
the West line of the said SW1/4 Section 20 S 00006'18" E, 328.95
feet to the true point of beginning; thence N 40041'52" E, 81.67
feet to the Southerly right-of-way line of U.S. Route 40; thence S
49018'08" E, 509.20 feet to a point of curvature, being tangent to
spiral; thence continuing on said Southerly right-of-way line along
a curve to the left, having an arch length of 824.20 feet, whose
chord bears S 57044'38" E, 818.90 feet to a point of tangent;
thence continuing along said Southerly right-of-way line, S
66041'08" E, 715.73 feet; thence S 89047'25" W, 470.58 feet to the
SE corner, NWl/4 SW1/4 of said Section 20; thence along the South
line of the said NW1/4 SW1/4 Section 20, S 89047'25" W, 1316.72
feet to a point on the said West line of the SW1/4 Section 20;
thence along the said West line of the SW1/4 Section 20, N
00006'18" W, 996.98 feet to the true point of beginning, containing
18.822 acres, 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 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. Zoning.
WHEREAS, the property described above is by this Ordinance
annexed to the Town of Fraser, Colorado; and
WHEREAS, pursuant to Section 31-12-115, C.R.S. 1973, as
amended, it is necessary to zone said property; and
WHEREAS, a public hearing was held by the Board of Trustees of
the Town of Fraser pursuant to Notice of said public hearing, properly
published and mailed to adjoining landowners, as required by Sections 1
and 2 of Article XI of Fraser Zoning Ordinance No. 53, and as required
by Section 31-23-304, C.R.S. 1973, as amended; and
WHEREAS, it appearing to the Board of Trustees that it would
be in the best interests of the Town of Fraser to zone this property as
in this Ordinance provided.
Subsection A. Pursuant to Sections 1 and 2 of Article XI of Fraser
Zoning Ordinance No. 53, the official zoning map of the Town of Fraser
is hereby amended by zoning the following property "B - Business":
A parcel of land in the SW1/4 of Section 20, Township 1 South,
Range 75 West of the 6th P.M., Grand County, Colorado, more
particularly described as follows:
Commencing at the West 1/4 corner of said Section 20, thence along
the West line of the said SW1/4 Section 20 S 00006'18" E, 328.95
feet to the true point of beginning; thence N 40041'52" E, 81.67
feet to the Southerly right-of-way line of U.S. Route 40; thence S
49018'08" E, 509.20 feet to a point of curvature, being tangent to
spiral; thence continuing on said Southerly right-of-way line along
a curve to the left, having an arch length' of 824.20 feet, whose
chord bears S 57044'38" E, 818.90 feet to a point of tangent;
thence continuing along said Southerly right-of-way line, S
66041'08" E, 715.73 feet; thence S 89047'25" W, 470.58 feet to the
SE corner, NWl/4 SW1/4 of said Section 20; thence along the South
line of the said NrH/4 SW1/4 Section 20, S 89047'25" W, 1316.72
feet to a point on the said West line of the SWl/4 Section 20;
thence along the said West line of the SWl/4 Section 20, N
00006'18" W, 996.98 feet to the true point of beginning, containing
18.822 acres, more or less. ;f
READ, PASSED, ADOPTED AND ORDERED PUBLISHED THIS ~ DAY OF
'/1/J'l) , 1981.
TOWN OF FRASER
By: d?,,~J {j<ie0'4a~
R~c ard A. Leonard, Mayor
ATTEST:
Published in the Sky-Hi News the 19 e:. day of /VD tie ,,\.j~,f , 1981
- 2 -
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PETITION FOR ANNEXATION
TO THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO:
THE UNDERSIGNED, in accordance with Chapter 31, Article
12, Section 107 Colorado Revised Statutes of 1973, hereby
petition the Board of Trustees of the Town of Fraser,
Colorado for annexation to the Town of Fraser, Colorado for
the following described unincorporated territory located in
the County of Grand, State of Colorado, to-wit:
PARCEL "C"
A parcel of land situated in the SW1/4 of Section
20, Township 1 South, Range 75 West of the 6th P.M.,
Grand County, Colorado more particularly described
as follows:
Commencing at the West 1/4 corner of said Section
20; thence along the West line of said SW1/4 of
Section 20, S 00006' 18" E, 328.95 feet to the true
point of beginning; thence N 40041'52" E, 81.67
feet to the Southerlyo right-of-way line of U.S.
Route 40; thence S 49 18'08" E, 509.20 feet to a
point of curvature, being tangent to spiral; thence
continuing on said Southerly right-of-way line along
a curve to the left, having ag arch length of 824.20
feet, whose chord bears S 57 44 I 38" E, 818.90 feet
to a point of tangent; thence continuing along said
Southerly right-of-way line, S 66041'08" E, 715.73
feet; thence S 89047'25" W, 470.58 feet to the SE
corner, NW1/4 SW1/4 of said Section 20; thence along
the South line of the said NW1/4 SW1/4 Section 20, S
89047'25" W, 1316.72 feet -to a point on the said
West line of the SW1/4 Section 20, thence along the
said West line of the SW1/4 Section 20, N
00006'18" W, 996.98 feet to the true point of
beginning, containing 18.822 acres, more or less.
In support of said Petition, the Petitioners allege:
1. It is desi rable and necessary that the above
described territory be annexed to the Town of Fraser,
Colorado.
2. Part of the perimeter of the area proposed to be
annexed is contiguous with the Town of Fraser, Colorado.
3. A community of interest exists between the territory
proposed to be annexed and the Town of Fraser, Colorado.
4. The territory proposed to be annexed will be
urbanized in the near future.
5. The terri tory proposed to be annexed is capable of
being integrated with the Town of Fraser, Colorado.
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6.
No
land
held
in
identical ownership,
whether
consisting of one tract or parcel of real estate or two or
more contiguous tracts or parcels of real estate:
a. Is divided into separate parts of parcels
wi thout the written consent of the landowner or landowners
thereof, unless such tract or parcels are separated by a
dedicated street, road or other public way;
b. Comprising 20 acres or more in which, together
wi th the buildings and improvements have an assessed value
in excess of $200,000.00 for ad valorem tax purposes for the
year preceding the annexation is included with the territory
proposed to be annexed without the written consent of the
landowner or landowners.
of
7.
the
The signers of the Peti tion comprise the landowners
entire area included in the area proposed to be
annexed, exclusive of streets and alleys.
8. The mailing address of the signers, the legal
description of the land owned by the signers, and the date
of signing of the Petition are all shown on this Petition.
9. Attached to this Petition is the Affidavit of the
circulator of this Petition, that the signature hereon is
the signature of the person whose name it purports to be.
10. The requirements of Sections 31-12-104 and
31-12-105 of the Colorado Revised Statutes of 1973 exist or
have been met.
Your Petitioner further requests that the Town of
Fraser, Colorado approve the annexation of the area proposed
to be annexed and include the territory within the municipal
boundary of Fraser, Colorado.
Submi tted this /~ay Of~)',/(I"7{.t'r.>:J/"'::'V' 1981.
OWNERS OF 'rHE REAL PROPER'rY
DESCRIBED HEREIN, WHICH IS
THE SUBJEC'r OF THE REQUEST
~~~&~
ONALD N. DRAKE
P.O. BOX 2
WINTER PARK, COLORADO 80482
~ .L~ t/:4h
JAMES' H. GIBSON
1913 PAWNEE DRIVE
FORT COLLINS, COLORADO 80521
and
me
of
~tt:,:'jt ......{.' :;;.,; :'-1...
Whlt~.r Pmk, ,",oIOi't:du dV4iU
Subscribed to
sworn t~/~before
thi s 'T' <.- day
Lf; ~1Y7 jI.{/t/, 1981.
~~W~~
My commission expires
///.1tJ, 19~
Pest Office Be]{ 2
Winter Park, Colorado 80462
Subscribed to and
sw?rn t9 ~before me
thls 7-~ day of
'j1 /"1<'1?0'1 hv, 1981.
(~~A/~ ~t~z
~ NOTARY PUBLI
My commission expi es
/!/.PIJ, 19~/
and
me
of
Post Office Box 2
Winter' Park, Colorado 80482
AFFIDAVIT
I, Donald N. Drake, circulator of the petition to annex a
parcel of land owned by Donald N. Drake, Walter L. Meyer,
and James H. Gibson to the Town of Fraser, Colorado, hereby
affirm that the signatures on the petition are those of the
property owners and that each signature is the signature of
DONALD N. DRAKE, WALTER L. MEYER, and JAMES H. GIBSON,
respectively.
~~~~L
ONALD . DRAKE
STATE OF COLORADO
COUNTY OF GRAND
The foregoing affidavit was. sworn and subscribed to before
me this .LjJAday of l--r7t"'J<:..I?m}t/u , 1981.
Witness my hand and official seal.
My cownission expires })-~O,19f;(
~-,~ J
"----- <-( ~
NOTARY PUBLIC
Post Office Box 2
Winter Park, Colorado 80482
WRITTEN CONSENT FOR ANNEXATION
THE UNDERSIGNED, in accordance with Chapter 31, Article
12, Section 105, (1), (a), hereby consent to the annexation
of the land described as:
PARCEL "c"
A parcel of land situated in the SWl/4 of Section
20, Township 1 South, Range 75 West of the 6th P.M.,
Grand County, Colorado more particularly described
as follows:
commencing at the \'1est 1/4 corner of 'said Section
20; thence along the West line of said SWl/4 of
Section 20, S 00006'18" E, 328.95 feet to the true
point of beginning; thence N 40041'52" E, 81.67
feet to the Southerlyo right-of-way line of U.S.
Route 40; thence S 49 18'08" E, 509.20 feet to a
point of curvature, being tangent to spiral; thence
continuing on said Southerly right-of-way line along
a curve to the left, having ag arch length of 824.20
feet, whose chord bears S 57 44 '38" E, 818.90 feet
to a point of tangent; thence continuing along said
Southerly right-of-way line, S 66041'08" E, 715.73
feet; thence S 89047 '25" W, 470.58 feet to the SE
corner, NWl/4 SWl/4 of said Section 20; thence along
the South line of the said NWl/4 SWl/4 Section 20, S
89047 '25" W, 1316.72 feet to a point on the said
West line of the SWl/4 Section 20, thence along the
said West line of the SWl/4 Section 20, N
00006'18" w, 996.98 feet to the true point of
beginning, containing 18.822 acres, more or less.
to the Town of Fraser, Colorado.
OWNERS OF THE REAL PROPERTY
DESCRIBED HEREIN, WHICH IS
'rHE SUBJECT OF THE REQUEST
FJfNNEX~,TION
(L/~rfZd~
DONALD N.. DRAKE
P.O. BOX 2
WINTER PARK, COLORADO 80482
YER
4025 CADDO PARK Y
BOULDER, COLORADO 80303
Subscribed to
sworn t~/~efore
this y ~ day
~ tF'}.(hn kuU19 81.
G~R{1U~~ ~Jdcf
My commission expires
II//{/), 19~
Pest Office Box 2
Winter Park, Colorado 80482
Subscribed to and
sworn ~o/ abefore me
thi s '-/- day of
#1 1981.
and
me
of
'--
~ ,~~,'"'-
JAMES H-: G B V
1913 PAWNEE DRIVE
FORT COLLINS, COLORADO 80521
Subscribed to
sworn to. ~efore
this Lj. day
/1 !rXF/J?1/ut.J. 1981.
~
G /. f'-{ ~.~ \/}A.cl-L./
NO ARY PUBLIC r
My commissiop expires
1/ / C:;O, 19fT
and
me
of
Post Office Box. 2
Winter Park, Colorado 80482
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