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Home My Public Portal AboutOrdinance 422 Authorizing Vacation of Portions of Certain Public Easement on Lot 56 E. Mountain Filing 1RECEPTION#: 2014007225, 10/30/2014 at 12:51:23 PM, 1 OF 7, R $41.00, Additional Names Fee: , f Doc Code:ODC, Sara L. Rosene, Grand County Clerk and Recorder, Colorado TOWN OF FRASER Ordinance No. 422 Series of 2014 AN ORDINANCE AUTHORIZING THE VACATION OF PORTIONS OF CERTAIN PUBLIC EASEMENTS ON LOT 56, EAST MOUNTAIN - FILING 1 IN THE TOWN OF FRASER. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER IN THE STATE OF COLORADO, THAT: SECTION 1. The Board of Trustees of the Town of Fraser does hereby find and resolve that there is no continuing public need for those portions of the certain easements hereinafter described, except for easements reserved as hereafter set forth; and that the same should be vacated pursuant to the statutory authority of Sections 17-3-40 and 17-3-50 of the Fraser Municipal Code. The Board of Trustees also finds that such vacation will not leave any parcel without access to a public road as defined in Section 43-2-303, C.R.S., as amended. SECTION 2. Those portions of the access, utility, drainage and snow storage easements on Lot 56, East Mountain - Filing 1, in the Town of Fraser, Colorado, as described in the Easement Agreement recorded January 16, 2003 at Reception No. 2003-000789, shall be vacated, reserving, however, the 10 -foot utility and snow storage easements adjacent to the abutting public road as dedicated on the final plat of said East Mountain - Filing 1. SECTION 3. The Mayor and Town Clerk are authorized to execute a Quitclaim Deed, in the form attached hereto as Exhibit A, and to record said Deed with a copy of this Ordinance in the office of the Grand County Clerk and Recorder to effectuate the vacation of said easements, subject to satisfaction of the following conditions precedent: 1. Receipt of an Easement Deed in the form attached hereto as Exhibit B, duly executed by the owners of said Lot 56, providing substitute easements in a different location on said Lot 56; 2. Construction and paving of a new turn -around area on the substituted access easement by the owners of said Lot 56, at their expense and in accordance with all applicable construction standards, and/or surety to complete construction and paving of a new turn- around area and written acceptance of such improvements by the Fraser Town Manager. This Ordinance shall not be deemed to be finally adopted, and shall not be signed on behalf of the Board of Trustees or published, until all such conditions precedent have been fully satisfied. If said conditions precedent are not satisfied by October 31, 2014, this Ordinance shall be void and of no effect. Upon final adoption and publication as provided herein, this Ordinance shall be effective thirty (30) days after publication thereof as provided by law. This Ordinance shall be published by title only. RECEPTION#: 2014007225, 10/30/2014 at 12:51:23 PM, 2 OF 7 Doc Code:ODC, Sara L. Rosene, Grand County Clerk and Recorder, Colorado READ, PASSED AND ADOPTED BY THE BOARD OF TRUSTEES THIS 15th day of October, 2014. Votes in favor: iJ BOARD OF T STEES OF THE Votes opposed: f TOWN OF SER, CO ORADO Votes abstained: � y,N OF FN BY: Peggy Stuloyor SEAL ATTEST: (SEAL) COtoRPaO Luerger, Town rk Published in the Middle Park Times on October 23, 2014. -2- RECEPTION#: 2014007225, 10/30/2014 at 12:51:23 PM, 3 OF 7 Doc Code:ODC, Sara L. Rosene, Grand County Clerk and Recorder, Colorado QUITCLAIM DEED THE TOWN OF FRASER, COLORADO, a municipal corporation of the State of Colorado (Grantor), for the consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, hereby sells and quitclaims to GARY C. COGSWELL and BONNIE L, JUSTIS-COGSWELL (Grantee, whether one or more), whose address is PO Box 327, Winter Park, CO 80482, the following real property in the County of Grand, State of Colorado, to wit: All of Grantor's interest in those portions of the access, utility, drainage and snow storage easements on Lot 56, East Mountain - Filing 1, in the Town of Fraser, Colorado, as described in the Easement Agreement recorded January 16, 2003 at Reception No. 2003-000789; reserving, however, the 10 -foot utility and snow storage easements adjacent to the abutting public road as dedicated on the final plat of said East Mountain - Filing 1; with all its appurtenances. SIGNED this ,� day of 20�. STATE OF COLORADO ) ) SS COUNTY OF GRAND ) The foregoing instrument was acknowledged before me on 0oct f a 1 20_L4, by Peggy Smith, as Mayor, and Lu Berger, as Town Clerk, of The Town of Fraser, Colorado, a municipal corporation of the State of Colorado. Witness my hand and official seal. My Commis,ion ex i �o�ApY•P�B�,c (SEAL) NotaryPu5F1cr NANCY J. 'ANDERSON' EXEMPT FROM DOC' FEE, C'on itleraiion Less 0 • Q GRANTOR: THE TOWN OF FRASER, COLORADO, a OF SFP municip4crationof the State of Colorado SEAL BY:Pegayor cat�om ATTE 2l Lu Berger Town Cler STATE OF COLORADO ) ) SS COUNTY OF GRAND ) The foregoing instrument was acknowledged before me on 0oct f a 1 20_L4, by Peggy Smith, as Mayor, and Lu Berger, as Town Clerk, of The Town of Fraser, Colorado, a municipal corporation of the State of Colorado. Witness my hand and official seal. My Commis,ion ex i �o�ApY•P�B�,c (SEAL) NotaryPu5F1cr NANCY J. 'ANDERSON' EXEMPT FROM DOC' FEE, C'on itleraiion Less 0 • Q RECEPTION#: 2014007225, 10/30/2014 at 12:51:23 PM, 4 OF 7 Doc Code:ODC, Sara L. Rosene, Grand County Clerk and Recorder, Colorado EASEMENT DEED (Access, Utilities, Drainage & Snow Storage) GRANTOR: GARY C. COGSWELL AND BONNIE L. JUSTIS-COGSWELL Address: PO Box 327, Winter Park, CO 80482 GRANTEE: TOWN OF FRASER, COLORADO, acting by and through its Board of Trustees Address: Post Office Box 370, Fraser, Colorado 80442 For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, the receipt whereof is hereby irrevocably acknowledged by GRANTOR, GRANTOR (whether one or more persons) hereby grants, bargains, sells and conveys to GRANTEE, its successors and assigns forever, a perpetual, non-exclusive easement on, over, above, below and across the property described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Easement Parcel'), with all its appurtenances. This easement is granted for the purpose of (1) access, including a turn -around area for use by vehicles from the abutting public right-of-way; (2) installation, maintenance and operation of public and private utilities, above and below ground, including but not limited to water, sanitary sewer, electric, gas and telephone lines and facilities; (3) installation, maintenance and operation of storm drainage facilities; and (4) use as an area for snow storage for snow removed from public rights-of-way. GRANTEE and its successors and assigns shall have the right to construct, maintain, repair, replace, enlarge and operate such facilities and other improvements as are necessary or convenient for the above-described purposes. The easement includes the right of ingress and egress for such purposes. Nothing contained herein shall obligate the Board of Trustees of Fraser to construct or install any such facilities or improvements. GRANTOR, for itself and its successors and assigns, does hereby covenant, grant, bargain and agree to and with GRANTEE, its successors and assigns, that at the time of the ensealing and delivery of this Deed, GRANTOR was well seized of the premises above conveyed, had good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and had good right, full power and authority to grant, bargain, sell and convey the same in the manner and form as aforesaid, and that the same are free from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever, except for general real property taxes for the current year. The GRANTOR shall and will warrant and forever defend the above -bargained premises in the quiet and peaceable possession of GRANTEE, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. SIGNED THIS day of C t' , 2014. GARY C ~ GS E- RECEPTION#: 2014007225, 10/30/2014 at 12:51:23 PM, 5 OF 7 Doc Code:ODC, Sara L. Rosene, Grand County Clerk and Recorder, Colorado — ��flfij�'16 ZY4040 BONNE L. JUSTIS OGSWELL STATE OF C60o QCT O j ) ss. COUNTY OF GrDr)C 1 ) `�l The foregoing instrument was acknowledged before me this �a-Vay of CY_'A0V_-w_-Y , 2014, by GARY C. COGSWELL AND BONNIE L. JUSTIS- COGSWELL, the above named Grantor. Witness my hand and official seal. My Commission expires: 1 I �! C� 1 �_D rNANCY (SEAL) c Notary u J. -2 RECEPTION#: 2014007225, 10/30/2014 at 12:51:23 PM, 6 OF 7 Doc Code:ODC, Sara L. Rosene, Grand County Clerk and Recorder, Colorado October 13, 2014 0 0 L)AVlt) EVANS ASSOCIATES''' ACCESS, UTILITY, DRAINAGE & SNOW STORAGE EASEMENT An Access, Utility Drainage and Snow Storage Easement located in the NE1/4 of Section 28, Township 1 South, Range 75 West of the 6`h P.M., Town of Fraser, County of Grand, State of Colorado; BEGINNING at the Northeast Corner of Lot 56, East Mountain Filing No. 1, a subdivision recorded April 2, 2001 as Reception Number 2001-002997 of the records of Grand County, Colorado, from which the Northwest Corner of said Lot 56 bears N62°58'30"W, (basis of bearing); Thence N62°58'30"W, 40.00 feet along the Northerly Line of said Lot 56; Thence S27°01'30"W, 40.00 feet; Thence S21 °01'42"E, 34.00 feet; Thence N86°12'04"E, 30.00 feet to the Westerly Right-of-way Line of Cozens Ridge; and a non - tangent curve to the right; Thence 49.40 feet along the are of said curve to the North Line of said Lot 56 and the POINT OF BEGINNING, said arc having a radius of 80.00 feet, a central angle of 35°23'01" and being subtended by a chord that bears N1 3'53'34"E, 48.62 feet; Area = 2,3`.00 my ore or less. a�p"• ` .••s>aiH 9 ;� cc Micha*_�n Kervin, CQ 34592 Date:"J / •+:n e•A DEA Pro�Q9�8 For and on €ratfrifi;�ti� David Evans and Associates, Inc. ro.? 7th S. RECEPTION#: 2014007225, 10/30/2014 at 12:51:23 PM, 7 OF 7 Doc Code:ODC, Sara L. Rosene, Grand County Clerk and Recorder, Colorado FOUND 15REBAR r«,N,-,i. DRANEXHIBITA P 9 22009 MARKED ACCESS, UTILITY, DRAINAGE & 03 �•`� / SNOW STORAGE EASEMENT / Lor 57 J EAST MOUNTAIN FILING NO. I 745 BASIS � (REC #2001-002997) jo 536, Sips; . ACCESS U77LITY & - SNOW STORAGE ESM7. 2,332 SOFT EDGE OF—y\ DRIVEWA L� F L=49.40'/ R=80.00' / 1=3523'01' , CH-N13'53'34'E 48.62' I 1 I I Im g I I I i I / 1 \ L-54.65' \ R=110.DD' \ 11=28'27'47` \ II CH=S18'01'49"E L 54.08', TV \ bb \\ I1'1' -c m LOT 56 EAST MOUNTAIN RUNG NO. I ' 1 � 1 , , � CA BO TELEPHONE PED E ti �gtiFslEl;:4tSi; v Gl b LOT 55 1'.: EAST MOUNTAIN p,P,EG, y FILING N0. 1 501 (REC x'200 7-00299 7) J^ to s_ MICHAEL 5F fLERVIN, CO FOUND inn{ , DAVID EVANS AND ASSOCIATES, io 1331 1701 Street Suite 900 Q Q Deme,, Colorado 80202 TomTel: 720-946-0969 Fax: 720-946-0973 Engineers, Suneyon • Planner: DATE: 10-�� „•'�c�J DEA PROJ: �•�� FOR AND ON DAVID EVANS AN S$CTCtATES, INC. SHEET 2 OF ACCESS, UTILITY, DRA/N,QGEd a MSK SNOW STORAGE EASEMENT LOT 56 EAST MOUNTAIN, FILING NO. 1