HomeMy Public PortalAboutOrdinance 425 Vacating Certain Public Water/Sewer Easements on Grand Park DevelepmentRECEPTION#: 20140080110, 12102/2014 at
09:40:54 Ada',
OF 12, R $86.00 , Additional Names
Fee: Doc Code:00C
Sara L. Rosene, Grand County Clerk,
TOWN OF FRASER Cnloradn
ORDINANCE NO. 425
Series 2014
AN ORDINANCE VACATIING CERTAIN PUBLIC WATER AND SEWER EASEMENTS ON
PROPERTY OWNED BY GRAND PARK DEVELOPMENT LLC, 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 the certain easements hereinafter described, except for
easements reserved as hereafter set forth; and that the same should be vacated pursuant to the
authority of Sections 17-3-40 and 17-3-50 of the Fraser Municipal Code.
SECTION 2. The public water utility easement granted pursuant to the Easement Deed
recorded June 30, 2009 at Reception No. 2009006045, and the public sewer utility easement
granted pursuant to the Easement Agreement recorded April 2, 2009 at Reception No.
2009002887, shall be and are hereby vacated, reserving, however, temporary easements for
existing water and sewer facilities upon those portions of said utility easements described on
Exhibit A attached hereto and incorporated herein by this reference. Said temporary easements
shall be terminated upon the relocation of the water and sewer facilities by Grand Park
Development LLC to new locations approved by the Town, including removal of the existing
water and sewer facilities from the temporary easements, and acceptance of the relocated
facilities by the Town. Upon satisfaction of those conditions, the Town will execute a quitclaim
deed or other written acknowledgement that such reserved temporary easements are vacated
and terminated.
SECTION 3. This Ordinance is conditioned upon the receipt an Easement Deed in the form
attached hereto as Exhibit B, duly executed by Grand Park Development LLC and its lender,
providing substitute easements for water and wastewater facilities in a different location. 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 such Easement Deed is executed and delivered to the
Town Clerk. If said executed Easement Deed is not received by December 15, 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.
READ, PASSED AND ADOPTED BY THE BOARD OF TRUSTEES THIS 19'" DAY OF
November, 2014.
Votes in favor: BOARD OF TRUSTEES OF THE
Votes opposed: TOWN OF FRA COL O
Votes abstained:
BY:
P gy ayor
(S
ATTEST'
[�
:SEAL Lu Berger, Town C rk
d in a fiddle Park Times on November 27, 2014.
62
61
60
59
THE WILLOWS AT GRAND PARK
REMOVABLE
UTILITY & ACCESS EASEMENT
SW COR. NW1 /4,
51\52 62758
50
49 '
SW1 /4,. SEC. 28
(S1/16 COR.)
FOUND 1-1/2" STEEL POST
57 ^ r b
WITH 2-1/2' GLO BRASS CAP
FN
PROPERLY MARKED "1933"
56 N18
W1/4 CORNER
4Q
T1 S, R75W,
6TH P.M., SEC. 28
�N
FOUND 1-1/2- STEEL POST
WITH 2-1/2' GILD BRASS CAP
=y
PROPERLY MARKED '1933"
W
1/
ro 3
z2 U)
(BASIS OF
64 65 B6 67 BEARING)
63 / 68 69 70 5007 7 02"E
INE NWI
5INC
�/4 SEC.'
L-51.21-
51\52 62758
50
49 '
58
// // REMOVABLE
/ U77LITY
57 ^ r b
Jj073g"w
FN
/
56 N18
4Q
/ REMOVABLE
I
/ U77UTY k ACCESS
54
EASEMENT
2,420 SOFT
/
L-51.21-
51\52 62758
50
49 '
R=282.00'
1-10'24'14"
CH -S57 37'49'E
51.14'
// // REMOVABLE
/ U77LITY
& ACCESS
EASEMENT
1,390
SOFT
DATE: E0-i4-1<.,.�,•'-g'� -
DEA PRd`;;'• GbR1EROQ�
FOR AND dN-:KHAI,F�'
DAVID EVANS AND"A CS IATES, INC.
DAVID EVANS AND ASSOCIATES, INC P-Xcr Na.
MI l7thStreet Suite 900 GDPXOI
arce Na ve
Denver, Colorado 80202 U77LITYEXH
Tel: 720-946-0969 Dare;
Fax: 720-946-0973 09
ip Engineers • Surveyars • Planners SCALE
SHEET 2 OF 3 REMOVABLE
'"
MSKUTILITY & ACCESS EXHIBIT
:
osw
TGR THE WILLOWS AT
'AlomcV,
„amu GRAND PARK
28
27
THE WILLOWS AT GRAND PARK
REMOVABLE
UTILITY & ACCESS EASEMENT
SW COR. NW1/4,
SW1 /4, SEC. 28
(S1/16 COR.)
FOUND 1-1/2' STEEL POST
WITH 2-1/2' GLO BRASS CAP
PROPERLY MARKED '1933'
W1/4 CORNER
T1 S. R75W,
6TH P.M., SEC. 28
FOUND 1-1/2' STEEL POST
WITH 2-1/2' GLO BRASS CAP
PROPERLY MARKED '1933'
THE WILLOWS AT -=-
GRAND PARK, FILING NO. 3
1 30
41
REMOVABLE
U77UTY & ACCESS
EASEMENT a
1,219 SOFT
4.3 \44 \ 45 j 46
(BASIS OF
BEARlNG1
1329.75
500'17'02'E
W. LINE NWI/ .
SWI/4 S£C. 28
o I'�
Jr') W) 52
\ l 47 \ 4B Zi
,49\50
40 S45'20'28"E10•
\
27.79',/ \wR_
41.02' L=
5321)1'19'E R=286.00'
I=1'04'59" / 38
\
�
31 4 32 � 33 i 34
w
REMOVABLE
26 U7IUTY & ACCESS
EASEMENT
5,319 SOFT
25
L=110.39' -:Z
R=268.00'
1=23'36'01"
CH=N05'26'57'W
109.61' I30'r
U77UTY do ACCESS �c
EASEMENT
L -
DAVID EVANS AND ASSOCIATES, INcI O rcrrro:
133117th Street Suite 900
f0.E NAME:
fflolln&em
Denver.Colorado 80202 UTILITY
Tel: 720 -946 -Mg aero`Fax: 720-946-0973
• Surveyors • Planners scu_
`W y
15'09'
5.41' 37 / % e
/ a a
2ryo l
/ 36
35
I /
L=13.75'
R=218.00'
1=336'46"
CH-N36'48'43"W
L=27.19' 13.74'
R=19.00'
1=81'59'46'
CH-S02'22*47'W
24.93'
DATE: flkrtr6, ,ua+4°�
DEA PR03,a46 X.Q i> ,
FOR AND dN,`•BElilx F ��.
DAVID EVANS AND 'ASOATES, INC.
SNFEONO_
SHEEr3 OF 3 REMOVABLE
MSK UTILITY & ACCESS EXHIBIT
ClfkCMG° aY-
_ roB THE WILLOWS AT
PWOJE°rM"""`xN•
—1GRAND PARK
24
J
23
l
22
I
21 I
1
ety'pv"it4:a:.'�1///20
I
} 7j
I`
,cam&r� �•.,� �%,
19
(�}S"eV�
DATE: flkrtr6, ,ua+4°�
DEA PR03,a46 X.Q i> ,
FOR AND dN,`•BElilx F ��.
DAVID EVANS AND 'ASOATES, INC.
SNFEONO_
SHEEr3 OF 3 REMOVABLE
MSK UTILITY & ACCESS EXHIBIT
ClfkCMG° aY-
_ roB THE WILLOWS AT
PWOJE°rM"""`xN•
—1GRAND PARK
EASEMENT DEED
(Water and Wastewater Utilities)
GRANTOR: GRAND PARK DEVELOPMENT LLC a Colorado limited liability company.
Address: P.O. Box 30, 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 installation, maintenance and operation of
underground water and wastewater lines and related facilities, and all fixtures and devices useful
in the operation of such lines and facilities. GRANTEE and its successors and assigns shall have
the right to construct, maintain, repair, replace, enlarge and operate such water and wastewater
lines and related facilities 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.
By its acceptance of this Deed, GRANTEE, for itself and its successors and assigns, does
hereby covenant and agree with the GRANTOR, its successors and assigns, that GRANTEE will
restore the surface of the land within the Easement Parcel to substantially the same condition as
existed immediately prior to the commencement of any construction, maintenance, repair,
enlargement or other activities by the GRANTEE, its successors and assigns, or such modified
condition as is consistent with the easement purposes described herein.
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 and easements, restrictions and rights
of way of record, and except for the lien of the Deed of Trust which is being subordinated to this
instrument as provided below. 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. '5
SIGNED THIS _ day of ReCer?'/%y,`2014.
GRANTOR:
GRE
Coh
STATE OF COLORADO )
ss.
COUNTY OF GRAND )
sT
The foregoing instrument was acknowledged before me this _ day of
pe c-,,�rh et , 2014, by C. Clark Lipscomb, as President of GRAND PARK
DEVELOPMENT LLC, a Colorado limited liability company, the above named Grantor.
Witness my hand and official seal.
My Commission expires: r2 —/�, - ad/%
(SEAL)
s
Notary Public
SUSAN J. KOENEKE (continued on following page)
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID # 20054006413
MY COMMISSION EXPIRES FEBRUARY 16, 2017
a+
-2-
The undersigned, U.S. BANK. N.A. ("Lienholder"), as the beneficiary of the Deed of
Trust or lien recorded at Reception No. 2012005143 and 2012005144 'joins in the execution
of this instrument and hereby subordinates its Deed of Trust or lien to the easement granted in
the foregoing Easement Deed.
f6
SIGNED THIS Z -S day of 10OV-" 2 2014.
LIENHOLDER:
U.S. BAN , A.
BY:
TITLE: V
STATE OF �OI U�a� U )
COUNTY OF Q f ss. )
/ he foregoing instrument was ac owledged before me this �� day of
/VbV� , 2014, byJ0GM �vf�-SkNe-, as i Ce (2S i Je iL of
U.S. BANK, N.A., the above named Lienholder.
Witness my hand and official seal.
My Commission expires:
SEA
*Wy
SSM• of Colorao:
Notary 10 20074030557
Commission Expires Mar 29, 2017
-3-
otary Pub
UTILITY & ACCE
EASEMENT
3.529 ACRES
R=60.00'
I=325 03'48"
CH=S84'4T50'W
�' 36.02' 64 65 66
63
62I
6— 'j
60
59
}
58---
57
L=261.21'
R=282.00' S6
1=53'04'19"
CH=S54'54'07'E
251.97' 55
53
52 /
51
50 /a
49
:'.Q1 THE WILLOWS AT
c+� Sfir AND PARK,
LEAIyt < o(Cfj> NG N0. 3
DATE: 11-06--14— ;, N\1
DEA PR6d:, GDPX6088 001
FOR AND ON 13641 �° IR
DAVID EVANS AND ASSOCIATES, INC.
DAVID EVANS AND ASSOCIATES, It
133117th Street Suite 900
TOW40Denver, Colorado 80202
Tel: 720-946-0969
Fax 720-946-0973
Engineers . Surveyors • Planners
EXHIBIT A
EASEMENT PARCEL
z
SW COR. NW1/4,
SW1 /4, SEC. 28
(S1/16 COR.)
FOUND 1-1/2" STEEL POST
WITH 2-1/2" GLO BRASS CAP
PROPERLY MARKED "1933"
W1/4 CORNER
T1 S, R75%
6TH P.M., SEC. 28 �N
FOUND 1-1/2" STEEL POST w U
WITH 2-1/2' GLO BRASS CAP 2
PROPERLY MARKED "1933"
r)
Go
Z2H
} (BASIS OF
6 BEARING
58 {% L=298.57' 1329.75
613 R=518.00' S0017'02"E,
70 1=33'01'29" W. LINE NW1;
CH=N1 3'1 2'52"E 1 SWI/4 SEC. .
294.45'•
= g 40.00'
1 S34'19'47"W
@r11f L= 1
R=5518.18. 00. 1
1=0'10'23" 1
L=30.04 - CH–N34'14'36.6-ra
R=19.00' H 1�
CH= N36'08'17"W \ �`` `� 03g 41 11tH
27.01'
+ 28.53' L=' . L?f I
Sr R=482,00' 5'10'
so9.4o'26'w I=2s'1o'oa'
2 N80'24'39"W CH=N21.44'45"E
19.05' 210.03'�'t .�
1
S0940'26'W
17.70'
N09.40�26"L• N80.24'39"W
11 45.25, 34.00'
L-294.56'
R=318.00'
1=53'0419"
CH=554'54'07'E
284.14'
a� L 7,02'—
�4i`� R=2036.00'
1-0'11'51"
CH–N55.34'17'W
7.02' j
CURVE TABLE
CURVE LENGTH RADIUS DELTA CHORD CHO
C17 26.31 482.00 3'07'40- N0135'29"W 26.31
C18 32.69 19,00 98'35'23" N4916'02"E 28.81
'
cnax00000-0ot
SHEEi A'O:
srreel z oFe
UTILITY & ACCESS EXHIBIT
orwuvev
UTILITYEXHdwp
MSK
o��deo ar.
oe/I012014
TGB
THE WILLOWS AT
GRAND PARK
rsn.,gcru.rtiRcea:
1'- 109 MSK
L=340.31'
R-60.00'
1=324'58'09"
CH=N23'28'32"W
36.12' a
EXHIBIT A
EASEMENT PARCEL
r
\44 \45 \ 46
41
52
5!
49 50
47 48 4 1
L=105.80'
R=322.00' 40
I=18'49133" 39
CH-S52'47'26"W
L=176.93' 105.32'
R=268.00'
1=37'49'31` 38
CH=N07*10'5rW C15
173.7 '
37
30
36
31 32 33 34
29 35 0
28 10
r
27 a 5114 J3"W
26 CA N114
%7 78.42 S.
>'S ¢ 24
25 �?
L33 i32
23
L=340.43' L30r-
R-60.00' L2 L31
1=325'05'02"' - L27 22
CH=S63'30'49"W rnl cam, L26 21
36.00' c1
Lu + 3' 0' L_24
L22 20
20
L L19
L18.�. 19
UTILITY do ACCESS cc a S". L17
EASEMENT :tj L16
i L13 18
L L1
S00'44'50"W 17 48 L10 17
32.81' f
f5� l .�9A' 16
-L=158.52*
R=182.00'
1=49'54'09'
CH=N53'19'03"W
36.88' 153.55'
S12'58'41 "W
19'-w
L--'--;'
3 OF4 UTILITY & ACCESS EXHIBIT
MSK.
TOB THE WILLOWS AT
Msx GRAND PARK
CURVE TABLE
CURVE. LENGTH RADIUS DELTA CHORD CHO
C1 204.59 632.00 4•' p"E 203.70
C2
69.61 282.00.14' 7` 71'11'4 69,44
C3
15.51 150.00 '56'1 ' 7 0' .15.50
C4
24.93 232.00 '09' 2' b[22'S7'18"W 24. 2
05
99.16 232.00 y00' 0'47"W 95
C6
_2a•29*19^
29.65 19 04 g0 N58 43
C7
94.29 418.00 12'55'28" 3 50"W
Cs
.94.09
63.61. 282.00 5,5 963.48
9
26.50 318.00 '46'32 -' 118"E` 26.50
C10
29.85 19.00 90' 0.0 S3 VI 26.87
C11
115.57 282.00_ 23.41' 4' $40'12' " 115. 4
C121
39.D1 21a 10'15'09" N3 `W 38.88
C131
27.19 19.0081'59'4 02'22'47"W 4.93
C14'
1
91.25 286,00 18.'i 'S ' S "W 90.86
C15
26, 4- 19100 '1 N83 '4 ' :24.44
C76
82.50 " 218.00 82.01
L--'--;'
3 OF4 UTILITY & ACCESS EXHIBIT
MSK.
TOB THE WILLOWS AT
Msx GRAND PARK