HomeMy Public PortalAboutOrdinance #165
TOWN OF FRASER
ORDINANCE NO. I/;,r
AN ORDINANCE TO APPROVE CONVEYANCE OF A PARCEL OF PROPERTY TO THE
GRAND COUNTY HISTORICAL ASSOCIATION
WHEREAS, the Town of Fraser has acquired fee ownership of a
parcel of property described on the attached Exhibit "A" to this
Ordinance, which acquisition was from Regis-Maryvale, Inc., pursuant
to a Pre-Annexation Agreement between the Town of Fraser and Regis-
Maryvale, Inc.; and
WHEREAS, the Town of Fraser had contemplated prior to the
acquisition of this property that it be made available for the Grand
County Historical Association for use by the Association subject to
certain, terms, conditions and provisions restricting such use; and
WHEREAS, the Board of Trustees of the Town of Fraser has
reviewed the Pre-Annexation Agreement, the Warranty Deed conveying
the property from Regis-Maryvale, Inc. to the Town of Fraser, and the
proposed Special Warranty Deed transferring the property to the Grand
County Historical Association; and
WHEREAS, a part of said conveyances and agreements is a
ten-foot (10') snow storage easement granted by Regis-Maryvale, Inc.
to the Town of Fraser for use with the subject property.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF FRASER, COLORADO, AS FOLLOWS:
Section 1.
The real estate and snow storage easement described on the
attached Exhibit "A", having been acquired from Regis-Maryvale, Inc.,
in compliance with a Pre-Annexation Agreement between said parties,
shall be sold and disposed of pursuant to this Ordinance, and con-
veyed by special Warranty Deed attached to this Ordinance as Exhibit
liB".
Section 2.
The General Warranty Deed from Regis-Maryvale, Inc. to the Town
of Fraser is hereby accepted with the Covenants, Restrictions and
Exceptions set forth therein.
Section 3.
The Special Warranty Deed attached hereto as Exhibit "B", and
including the Covenants, Restrictions and Exceptions as set forth in
the Special Warranty Deed from the Town of Fraser to the Grand County
Historical Association is hereby approved and authorized, including
the right of reverter as set forth therein. The Mayor and the Town
Clerk are authorized to execute and deliver said Special Warranty
Deed to the Grand County Historical Association.
Section 4.
The Board hereby determines that said property, including the
ten-foot (10') snow storage easement has not been used or held for
any governmental purposes and that the uses contemplated by the Deeds
as described in this Ordinance shall provide to the citizens, taxpay-
ers and residents of the Town of Fraser, a public-type use without
special or pecuniary benefit to any person or entity other than
non-profit organizations. Thus, the property is being acquired by
the Grand County Historial Association from the Town of Fraser for no
actual monetary consideration, nor
the property from Regis-Maryvale,
tion.
is the Town of Fraser acquiring
Inc. for any monetary considera-
Section 5. Emergency Adoption.
The Board of Trustees hereby finds that the building located on
the subject property is likely to collapse unless measures are imme-
diately taken to support the structure, that the Historical Associa-
tion does not have the funds to support the building unless the
property has been conveyed to the Association and unless this Ordi-
nance shall first have become effective. Because of the adverse
weather conditions that might exist in the area that could collapse
the building and because of its condition, the Board hereby finds
that an emergency exists and it is necessary to the immediate pre-
servation of the public health, safety and welfare that this Ordin-
ance take effect immediately upon approval by the Board and execution
hereof by the Mayor and Town Clerk. Therefore, this Ordinance shall
be effective immediately upon execution by the Mayor and Town Clerk.
Section 6. Severability.
If any part, section, subsection, sentence, clause or phrase of
this Ordinance is for any reason held to be invalid, such decision
shall not affect the validity of the remaining portions of this Ordi-
nance and the Town Board hereby declares it would have passed this
Ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that anyone or more parts,
sections, subsections, sentences, clauses or phrases be declared
invalid.
Section 7. Repeal.
The repeal or the repeal and reenactment of any provision of any
Ordinance of the Town of Fraser, Colorado as provided in this ordi-
nance shall not affect any right which has accrued, any duty imposed,
any violation that occurred prior to the effective date hereof, any
prosecution commenced, nor any other action or proceeding as com-
menced under or by virtue of the provision repealed or repealed and
re-enacted. The repeal of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless
expressly stated herein.
DULY MOVED, SECONDED AND APPROVED BY THE BOARDflO. TRUSTEES
OF THE TOWN OF FRASER, COLORADO, THIS .d...- DAY OF \.;"'_ _ '
1987. --
Votes in Favor: ~
Votes Opposed: ('j
Abstained: C9
TOWN OF FRASER
BY~, Mayor
ATTEST:
( SEA L l
Clerk
Publish once in the Winter Park Manifest.
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EXHIBIT "A"
TO TOWN OF FRASER ORDINANCE NO.
IbS:
A parcel of land located in the NWa, Section 28, Township 1 South,
Range 75 West of the 6th P.M., Grand County, Colorado, being more
particularly described as follows:
1) Beginning at a point, being the point of a curve to the right,
whence a found U. S. Highway No. 40 right of way brass cap stamped
STA.769+70.3 bears S 49009'13" W, a distance of 132.00 feet;
2) Thence along said curve to the right, having a radius of 2996.79
feet, a central angle of 1004'25", and an arc length of 56.16 feet,
to the Southerly corner of said parcel;
3) Thence N 51022'26" E, a distance of 202.34 feet, to a point
whence the center a corner of said Section 28, being a standard 1933
G.L.O. brass cap, bears S 63002'29" E, a distance of 1903,56 feet;
4) Thence N 40050'47" W, a distance of 116.28 feet, to the Norther-
ly corner of said parcel;
5) Thence S 51022'26" W, a distance of 201.82 feet, to the Westerly
corner of said parcel, being a point on the Northeasterly right of
way of said U.S. Highway No. 40;
6) Thence S 40050'47" E along the right of way boundary of said
U.S. Highway No. 40, a distance of 60.10 feet, to the Point of Begin-
ning.
TOGETHER WITH a ten-foot (10') snow storage easement conveyed to the
Town of Fraser, Colorado, by Regis-Maryvale, Inc. either prior to or
subsequent to the date of execution of this Special Warranty Deed,
which easement shall be subject to all terms, conditions and provi-
sions as set forth in the Deed conveying said snow storage easement
from Regis-Maryvale, Inc. to the Town of Fraser, Colorado.
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SPECIAL WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS THAT this Deed made this
, 1987 between,
day of
THE TOWN OF FRASER
of the County of Grand and State of Colorado,
a Colorado municipal corporation,
for and in consideration of ten dollars and other good and valuable
consideration, to the party of the first part in hand paid by the party
of the second part, the receipt whereof is hereby confessed and ac-
knowledged, has granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sell, convey and confirm unto
GRAND COUNTY HISTORIAL ASSOCIATION,
a Colorado non-profit corporation,
Post Office Box 165
Hot Sulphur Springs, Colorado 80451
the following real property situate, lying and being in the County of
Grand and state of Colorado, to-wit:
As Described on Exhibit "A" attached hereto and
incorporated herein by reference
This Property is subject to certain restrictions and exceptions as
described on the attached Exhibit "B", incorporated herein by refer-
ence.
TOGETHER with all and singular the hereditaments and appurtenances
thereunto belonging, or in anywise appertaining, and the reversion and
reversions, remainder and remainders, rents, issues and profits there-
of; and all the estate, right, title, interest, claim and demand
whatsoever, of the said party of the first part, either in law or
equity, of, in and to the above bargained premises, with the heredita-
ments and appurtenants; To have and to hold the premises above bar-
gained and described, with the appurtenances, unto the Grand County
Historical Association, its heirs and assigns forever~
And the said Town of Fraser, for itself and its heirs, executors and
administrators, does covenant, grant, bargain and 'agree to and with the
said party of the second part, its successors and assigns, the above
bargained premises in the quiet and peaceable possession of said party
of the second part, its successors and assigns, against all and every
person or persons lawfully claiming or to claim the whole or any part
thereof, by, through or under the said Town of Fraser to warrant and
forever defend the title against all persons claiming under the Town of
Fraser, subject to easements and rights of way of record.
This Special Warranty Deed is authorized by Ordinance No. of
the Town of Fraser, Colorado, and this Deed is made in compliance with
the provisions of C.R.S., !:i31-15-713. The Board of Trustees of the
Town of Fraser has determined that the subject property has not been
used or held for any governmental purposes.
SIGNED this _____ day of
, 1987.
TOWN OF FRASER
BY:
C.B. Jensen, Mayor
ATTEST:
( SEA L )
Virginia Winter, Town Clerk
STATE OF COLORADO
ss:
COUNTY OF GRAND
The foregoing
me this day of
Virginia Winter as Town.
pal Corporation.
Special Warranty Deed was acknowledged before
, 1987 by C.B. Jensen as Mayor and
Clerk of the Town of Fraser, a Colorado Munici-
WITNESS my hand and official seal.
My Commission Expires:
(SEAL)
Notary Public
Rev 9/2/87
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EXHIBIT "A"
TO THAT SPECIAL WARRANTY DEED
DATED , 1987
BY AND BETWEEN THE TOWN OF FRASER, COLORADO,
A MUNICIPAL CORPORATION AND
THE GRAND COUNTY HISTORICAL ASSOCIATION,
A COLORADO NON-PROFIT CORPORATION
A parcel of land located in the Nwl, Section 28, Township 1 South,
Range 75 West of the 6th P.M., Grand County, Colorado, being more
particularly described as follows:
1) Beginning at a point, being the point of a curve to the right,
whence a found U. S. Highway No. 40 right of way brass cap stamped
STA.769+70.3 bears S 49009'13" W, a distance of 132.00 feet;
2) Thence along said curve to the right, having a radius of 2996.79
feet, a central angle of 1004'25", and an arc length of 56.16 feet,
to the Southerly corner of said parcel;
3) Thence N 5P22'26" E, a distance of 202.34 feet, to a point
whence the center 1 corner of said Section 28, being a standard 1933
G.L.O. brass cap, bears S 63002'29" E, a distance of 1903.56 feet;
4) Thence N 40050'47" W, a distance of 116.28 feet, to the Norther-
ly corner of said parcel;
5) Thence S 51022'26" W, a distance of 201.82 feet, to the Westerly
corner of said parcel, being a point on the Northeasterly right of
way of said U.S. Highway No. 40;
6) Thence S 40050'47" E along the right of way boundary of said
U.S. Highway No. 40, a distance of 60.10 feet, to the Point of Begin-
ning.
TOGETHER WITH a ten-foot (10') snow storage easement conveyed to the
Town of Fraser, Colorado, by Regis-Maryvale, Inc. either prior to or
subsequent to the date of execution of this Special Warranty Deed,
which easement shall be subject to all terms, conditions and provi-
sions as set forth in the Deed conveying said snow storage easement
from Regis-Maryvale, Inc. to the Town of Fraser, ,Colorado.
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EXHIBIT "B"
TO THAT SPECIAL WARRANTY DEED
DATED , 1987
BY AND BETWEEN THE TOWN OF FRASER, COLORApO,
A MUNICIPAL CORPORATION
AND THE GRAND COUNTY HISTORICAL ASSOCIATION,
A COLORADO NON-PROFIT CORPORATION
COVENANTS, RESTRICTIONS AND EXCEPTIONS
1) The property is subj ect to all terms, covenants, restrictions
and exceptions contained in General Warranty Deed from Regis-
Maryvale, Inc. to the Town of Fraser, Colorado, recorded
, 1987 in Book at Pages of the Grand
County Clerk and Recorder's Office, for which Grantee herein hereby
accepts and agrees to comply. Except that an'y historic use not
specifically described in said Deed must have prior approval from the
Board of Trustees of Fraser.
2) By no later than five years from the date of recording of this
Deed, Grantee herein shall make active use of property for a histor-
ical purpose as described in the above-mentioned General Warranty
Deed.
3) Commencing five years from the date of recording of this Deed,
if Grantee shall fail to use the property for a historical purpose,
or after commencement of a historical use Grantee ceases to use or
maintain the property for a historical use, or is otherwise in
violation from the date of this Deed of any of the said restrictions,
then if Fraser notifies Grantee in writing at the address stated in
this Deed of the alleged non-use, failure to maintain or violation,
and such non-use, failure to maintain or violation is not fully
remedied or terminated within six (6) months after said notice has
been sent to Grantee, then Fraser may mail to Grantee a notice that
Fraser elects that the title to subject property revert to Fraseq
and thereupon, the title to the whole of such property shall
immediately end without the necessity of any further action on the
part of Fraser, revert to and revest in Fraser, and Grantee, includ-
ing any person or entity claiming through Grantee, 'shall lose and
forfeit all of its rights, title and_interest in and to the whole of
the subject property and to the improvements an~ fixtures thereon;
and Fraser shall have the right of re-entry to the subject property.
As long as a historical use has commenced as provided in this Exhibit
"B", the provisions of this paragraph with regard to non-use, or
failure to maintain shall not apply to temporary non-use, or failure
to maintain caused by construction, remodeling, renovation, or other
such activities of a temporary nature, nor to non-use, or failure to
maintain caused by closing of the facility temporarily for off-season
inactivity. Grantee agrees that any person or entity may irrevocably
rely for any legal purpose upon the affidavit of Fraser stating the
existence of non-use or restriction violation, the fact of proper
notices mailed or delivered as required herein, and the fact of
failure of Grantee to cure such non-use, or failure to maintain or
restriction violation within the time provided above.
4) Grantee hereby represents to Fraser that it is a duly organized
non-profit Corporation of the State of Colorado, and is in good
standing with the Office of the Colorado Secretary of State.
5) When access to subject property becomes available and usable for
general purposes through Village Drive (adjacent along the North-
easterly boundary of subject property), Grantee agrees to vacate and
abandon its right of access to Highway 40 along its Southwesterly
boundary.
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DATED:
TOWN OF FRASER
BY:
, 1987
C.B. Jensen, Mayor
ATTEST:
Virginia Winter, Town Clerk
Rev 8/17/87
DATED:
, 1987
GRAND COUNTY HISTORICAL
ASSOCIATION
BY:
President
ATTEST:
Secretary
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