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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. - 2 - 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. ýÿ 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 - 2 - ýÿ 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. ýÿ 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. ýÿ 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 - 2 - ýÿ