HomeMy Public PortalAboutOrdinance 512 Providing for the Approval of The Attached Bargin and Sale Deed Whereby the Town of Fraser Grants a Fee Simple Determinable to Fraser Valley ArtsTOWN OF FRASER
ORDINANCE NO. 512
Series 2024
AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE ATTACHED BARGAIN AND
SALE DEED WHEREBY THE TOWN OF FRASER GRANTS A FEE SIMPLE DETERMINABLE
TO FRASER VALLEY ARTS.
WHEREAS, the Town of Fraser is the current owner of the following described
property ("Fraser Property"):
Lot 1, CORRECTION PLAT A RE -SUBDIVISION OF TRACTS B AND C OF CLAYTON
SUBDIVISION, REC. NO. 249237, according to the plat thereof filed February 8, 1991, at
Reception No. 291300; and
WHEREAS, Fraser Valley Arts is a Colorado nonprofit corporation seeking a
location for an art center or museum and the Fraser Property has the potential to be utilized
as such a site; and
WHEREAS, the Town of Fraser is willing to conditionally dedicate the Fraser
Property to Fraser Valley Arts; and
WHEREAS, there is the possibility that other more favorable sites for an art center
or museum may become available in the future, and the Town of Fraser desires to reserve
the right to exchange the Fraser Property for more suitable property for an art center or
museum or for some other purpose in the future; and
WHEREAS, in the short term, Fraser Valley Arts needs a dedication of land by the
Town of Fraser in order to seek funding and financing for an art center or museum; and
WHEREAS, to achieve the flexibility desired by the Town of Fraser and the short
term needs of Fraser Valley Arts, the Town of Fraser Board of Trustees agrees to grant a
fee simple determinable to Fraser Valley Arts in the Fraser Property for so long as the
Board of Trustees deems the Fraser Property to be the best location for an art center or
museum; and
WHEREAS, the Fraser Property will cease to be dedicated for a "particular
governmental purpose" as described in Section 31-15-713(1)(a), C.R.S. when the Town of
Fraser Board of Trustees no longer deems the Fraser Property to be the best location for
an art center or museum; and
WHEREAS, the Board of Trustees will have the power to sell or trade the Fraser
Property by ordinance as provided in Section 31-15-713(1)(b), C.R.S. when the Town of
Fraser Board of Trustees no longer deems the Fraser Property to be the best location for
an art center or museum; and
WHEREAS, the Town of Fraser Board of Trustees believes that the interests of the
Town of Fraser and the public interest would be served by conveying a fee simple
determinable to Fraser Valley Arts.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FRASER, COLORADO, THAT:
PART 1. The recitals set forth above are incorporated into this Ordinance, and the Board of
Trustees hereby approves and authorizes the Fraser Mayor Pro-Tem to execute the
attached Bargain and Sale Deed, which is to be executed by the Town of Fraser and
recorded in the records of the Grand County Clerk and Recorder.
PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser
covering the same matters as embraced in this Ordinance are hereby repealed and all
ordinances or parts of ordinances inconsistent with the provisions of this ordinance are
hereby repealed; provided, however, that such repeal shall not affect or prevent the
prosecution or punishment of any person for any act done or committed in violation of any
ordinance hereby repealed prior to the taking effect of this Ordinance.
PART 3: SEVERABILTY. If any section, subsection, sentence, clause or phrase of this
Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this Ordinance. The Town
of Fraser hereby declares that it would have adopted this Ordinance, and each section,
subsection, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases thereof be declared invalid or
unconstitutional.
PART 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage,
adoption and publication thereof as provided by law.
PART 5: PUBLICATION. This Ordinance shall be published by title only.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF
TRUSTEES AND SIGNED THIS 2 1 DAY OF FEBRUARY 2024.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF
TRUSTEES AND SIGNED THIS
Votes in favor: (P
Votes opposed: ® TOWN 9F FRASER, COLORADO
Abstained: O ggeed/L1
BY:
Mayor Pro-Tem
Published in the Middle Park Times on rt./ ru
BOARD OF TRUSTEES OF THE
ATTEST:
\I/V\C
Town Clerk