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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