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HomeMy Public PortalAboutOrdinance 513 Providing for The Approval of The Two Attached Easement Agreements Between the Town of Fraser and Byson Investments LLCTOWN OF FRASER ORDINANCE NO. 513 Series 2024 AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE TWO ATTACHED EASEMENT AGREEMENTS BETWEEN THE TOWN OF FRASER AND BYSON INVESTMENTS LLC. 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, Byson Investments LLC ("Byson") is the current owner of the following described property ("Byson Property"): Lot 2, 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, the Town of Fraser has need to expand its right-of-way along Clayton Court by 5 feet into the Byson Property; and WHEREAS, Byson has development plans for the Byson Property that would require the ability to encroach 1.5 feet into the Fraser Property if the right-of-way along Clayton Court were to be expanded; and WHEREAS, to reconcile the Town of Fraser's need to expand the right-of-way along Clayton Court and to allow for Byson's develop plans to proceed without amendment, the Town of Fraser and Byson have agreed to exchange the easements attached to this Ordinance to accomplish each party's respective goals; and WHEREAS, the Board of Trustees believes that the interests of the Town of Fraser and the public interest would be served by approving such Easement Agreements; and NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: PART 1. The Board of Trustees hereby approves and authorizes the Fraser Mayor Pro-Tem to execute the attached two Easement Agreements, which are to be executed by Byson and 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or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any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 cZt DAY OF FEBRUARY 2024. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS Votes in favor: Votes opposed: 0 TOWN OF FRASER, COLORADO Abstained: Published in the Middle Park Times on BOARD OF TRUSTEES OF THE BY: Mayor Pro -Tern ATTEST: Town Clerk . P1 \k)C4 c C-1 Uc),-*