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covering the same matters as embraced in this Ordinance are hereby repealed and all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hereby repealed; provided, however, that such repeal shall not affect or prevent the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 .
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