HomeMy Public PortalAboutOrdinance NO. 466 Vacate a Portion of Johns Drive RECEPTION#: 2019001459, 02/14/2019 at
02:15:01 PM,
1 OF 3, R $23.00 , Additional Names Fee.
Doc Code:ODC
Sara L. Rosene, Grand County Clerk,
Colorado
TOWN OF FRASER
Series 2018
Ordinance No. 466
AN ORDINANCE TO VACATE A PORTION OF THE STREET KNOWN AS JOHNS DRIVE 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 that portion of a certain street hereinafter described.
except for easements reserved as hereafter set forth; and that the same should be vacated
pursuant to the statutory authority of Section 31-15-702(1)(a)(I) and Section 43-2-303(1)(a),
C.R.S., as amended, and Section 19-3-245 of the Fraser Municipal Code. The Board of
Trustees also finds that such vacation will leave no parcel without public access as defined in
Section 43-2-303(2), C.R.S., as amended.
SECTION 2. The following portion of Johns Drive located in the Town of Fraser, Colorado, to wit:
All of that right-of-way dedicated by the instrument recorded February 10, 1994 at
Reception No. 94001466 of the records in the office of the Grand County Clerk and
Recorder, more particularly described as follows:
A parcel of land, being a portion of the property platted as A Resubdivision of Tracts D
and E, Parcel C, Forest Meadows Solar Community (Reception No. 218772), more
particularly described as follows:
Beginning at a point on the northerly boundary of said Resubdivision of Tracts D and E,
Parcel C, Forest Meadows Solar Community, said point also being the southeasterly
boundary of Tract C of the Resubdivision of Parcel C of Forest Meadows Solar
Community (Reception No. 198590); thence South 00°06'18" East a distance of 46.0
feet; thence South 89°53'42" West a distance of 273.0 feet. more or less, to the easterly
boundary of the right-of-way for Johns Drive, a 22 foot right-of-way; thence northerly
along said right-of-way for Johns Drive 46.0 feet, more or less, to the northerly boundary
of said Resubdivision of Tracts D and E, Parcel C, Forest Meadows Solar Community,
then North 89°53'42" East a distance of 273.0 feet, more or less, to the point of
beginning;
And including the 10-foot utility and snow storage easement within said right-of-way as
shown on the plat recorded at Reception No. 218772;
is hereby vacated, reserving, however, the existing 36-foot water and sewer easement, as
shown on the plats recorded at Reception No. 218772 and Reception No. 2005005382, and
reserving easements upon, over and under vacated street for the continued use of existing gas
and similar pipelines and appurtenances, for electric, telephone and similar lines and
appurtenances, if any, and for the maintenance, repair and replacement thereof, said easements
to continue in existence until the owner of each utility line or facility located in such easements
abandons the use thereof or acknowledges in writing such owner's agreement to the termination
of such easements; and further reserving to the Town of Fraser an easement upon, over and
under said street for the use of existing drainage ways, facilities and improvements, for the
future construction of additional drainage ways, facilities and improvements, and for the
maintenance, repair and replacement thereof, said easement to continue until the Town
acknowledges in writing the Town's agreement to the termination of such easement.
SECTION 3. The undersigned, CORNERSTONE WINTER PARK HOLDINGS LLC and SKI &
BOARD BROKER, LLC are the owners of the land abutting each side of said vacated street and
will acquire ownership of such vacated portion by operation of law. By its execution of this
Ordinance, said owner agrees that the vacated portion of Johns Drive which is adjacent to each
such parcel owned by them shall be forever combined with such parcel, and each such parcel
and the adjoining vacated right-of-way shall hereafter be sold, mortgaged or transferred only
together, and not separately. Any subsequent conveyance or encumbrance of any of said
parcels shall be deemed to include the abutting vacated right-of-way, with or without specific
reference thereto.
SECTION 4. This Ordinance shall be effective thirty (30) days after publication thereof as
provided by law.
READ, PASSED AND ADOPTED BY THE BOARD OF TRUSTEES THIS 28th day of
November, 2018.
Votes in favor: S BOARD OF TRUSTEES OF THE
Votes opposed: t TOWN OF--F SE , COLO ADO
Votes abstained: o ,,
BY: ,.. ,-7
Philip Vandernail, Mayor
0.4 OF fipy ATTEST:
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Antoinette McVeigh, Town Clerklj
COCORAO°
APPROVEDANV, CCEP '-1, = ,ABUTTING OWNERS:
CORNER T/ E a. i - r •RK HOLDINGS LLC
BY:
SKI & =*ARD B:• • R �/
BY:
Publishes in the Middle Park Times on L.,1cQ , 2 O20
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CERTIFICATION
The undersigned, Antoinette McVeigh, Town Clerk for the Town of Fraser, Colorado, does
hereby certify that the above is a true and correct copy of an ordinance duly adopted by the
Fraser Board of Trustees at a regular meeting duly convened on November 28, 2018.
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