HomeMy WebLinkAboutORDINANCE 381-69•
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ORDINANCE NO.381
AN ORDINANCE ANENDING AND CORRECTING THE
PETITION FOR ORGANIZATION AND ORDINANCE
NO.375 CREATING AND ORGANIZING ESTES PARK
GENERAL IMPROVEMENT SEWER DISTRICT NO.1,
ESTES PARK,COLORADO,AND DECLARING AN
EMERGENCY.
WHEREAS,Estes Park General Improvement Sewer District
No.1,of the Town of Estes Park,Colorado,was duly and properly
created and organized,pursuant to law and to a Petition,Notice
and Hearing,and by Ordinance No.375 of said Town adopted and
approved on August 11,1969;and
WHEREAS,subsequent to such organization a request and
petition has been filed with this Board stating that certain lands
intended to be included within said District were erroneously
omitted from the descriptions of the District in the Petition and
Ordinance creating the District;and
WHEREAS,The Board of Trustees,having fully examined
the facts and circumstances and being fully apprised in the matter,
has determined that said Petition and Ordinance No.375 should be
amended and corrected to conform to the facts;
THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
ESTES PARK,COLORADO:
1.That it is hereby determined and declared that
certain lands,hereinafter described,were erroneously omitted
from the descriptions of Estes Park General Improvement Sewer
District No.1,of the Town of Estes Park,Colorado,having been
intended by all parties concerned to be included within said
District.
2.That the owners of all lands concerning which this
correction is to be made have requested the amendment and
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correction,and that no other party or parties will be adversely
affected by said amendment and correction.
3.That it is hereby determined and declared that the
Petition for Organization of said Estes Park General Improvement
Sewer District No.1,be and the same is hereby amended to conform
to the facts by amending the legal description thereof to read as
hereinafter set forth.
4.That it is further hereby determined and declared
that Ordinance No.375,creating and organizing said District
be and the same is hereby amended and corrected to conform to the
facts by amending the legal description of the District contained
in said Ordinance No.375 to read as hereinafter set forth.
5.That the descriptions of the lands to be included
within said Estes Park General Improvement Sewer District No.1,
contained in Section (4)of the Petition seeking creation and
organization of said District and in Section 7.of Ordinance
No.375 creating and organizing the District are hereby amended
and corrected to conform with the facts to read as follows:
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1.Description of property held in the names of Harry A.
Schroeder and Harry L.Schroeder:
Lot 11,Grand Estates Addition to the Town of Estes Park,
Colorado,according to the plat filed for record Dec.31,1954,
together with ½of vacated portion of Alpine (Pine)Road
lying adjacent to above property.
and
Lot 10,Grand Estates Addition to the Town of stes Park,
Colorado,according to the Plat filed for record October 20,
1952,in file No.161 of the records of Larimer County,
Colorado,together with ½of vacated portion of Alpine (Pine)
Road lying adjacent to above Property,EXCEPT that portion
thereof conveyed to John W.Schlendorf by warranty deed
recorded May 29,1964,in Book 1249 at page 367,records of
Larimer County,Colorado,described as follows:
Beginning at a point on theSouth right of way lineofU.S.#34 Thompson Highway from which the NE cornerofsaidLot#10,also located on the same said highwayrightofway,bears S 7l°591 E.a distance of 155.9
feet (the highway right of way being a curve to the•right with a radius of 1849.9 feet distance of 156.0feet);then S.l7°211 W.a distance of 329.9 feet totheSouthlineofLot#10;thence N.780041 W.adistanceof37.8 feet;thence S.88°29’W.a distance
of 110.9 feet to the SW corner of Lot #10;thence N09°411 E.a distance of 356.9 feet to the NW corner ofLot#10 and the South right of way of Highway #34;thence along the Highway right of way Easterly on acurvetotherightwitharadiusof1849.9 feet adistanceof191.1 feet (the resultant chord being S.770211 E.a distance of 190.9 feet to the point ofbeginning),together with -of vacated portion of
Alpine (Pine)Road lying adjacent to above property.
2.Description of property held in the names of H.A.
Schroeder and H.L.Schroeder:
That part of Lot No.10,Grand Estates Addition to
the Town of Estes Park,Colorado,described as
follows:Beginning at a point on the South right
of way line of U.S.#34 Big Thompson Highway from
which the NE corner of said Lot No.10,also located
on the same highway right of way,bears S.710591 E.adistanceof155.9 feet (the highway right of way being
a curve to the right with a radius of 1849.9 feet adistanceof156.0 feet);thence S.l7°2l1 W.a distance
of 329.9 feet to the South line of Lot #10;thence N.78°041 W.a distance of 37.8 feet;thence S.88°29’W.
a distance of 110.9 feet to the SW corner of Lot #10;thence N.09°24P E.a distance of 356.9 feet to the NWcornerofLot#10 and the South right of way of Highway
#3k;thence along the highway right of way Easterly on
a curve to the right with a radius of 1849.9 feet adistanceof191.1 feet (the resultant chord being
S.77°2l E.a distance of 190.9 feet to the pointofbeginning),together with ½of vacated portion of
Alpine (Pine)ioad lying adjacent to the above property.
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ALSO,that part of Lot 9,Grand Estates Addition to
the Town of Estes Park,Colorado,described as:
Beginning at the NE corner of Lot 9 which is also the
NW corner of Lot 10;thense S.09°41’W.a distance
of 35.9 feet to the SE corner of said lot 9;thense
N.04 23’E.a distance of 358.2 feet to the Highway
#34 right of way along a curve to the right with a
radius of 1849.9 feet distance of 33.0 feet(resul—
tant chord being S.80 50’E.a distance of 33.0
feet)to the point of beginning.
•3.Description of property held in the name of Fred
Efken:
Lots Fifteen (15)and Sixteen (16)of Grand Estates
Addition to The Town of Estes Park,Colorado,according
to the Plat filed December 31.19511,together with
one-half of the vacated street adjoining said Lot
Sixteen on the South,and one-half of the vacated
street adjoining said Lot FiCteen on the North,vacated
by Town Ordinance recorded in Book 988,page 32121,
Office of Larimer County Clerk and Hecorder.
4.Description of property held in the name of Mary F.
Marche’1:
Lot Nine (9)of Grand Estates Addition to the Town
of Estes Park,Colorado,excepting the following
described tract:
Beginning at the South East Corner of Lot Nine,
thence North 09°4l’East along the East boundary
of said Lot 356.9 feet to the North East corner
of said Lot,and the Southerly right of way of
U.S.Highway No.34,thence along said highway
right of way on a curve to the left with a radius
of 18149.9 feet a distance of 33.0 feet (resultant
•chord being North 800501 West a distance of 33.0
feet),thence South 040241 West,358.1 feet to
point of beginning,together with one half of
vacated portion of Alpine Boad adjacent to Lot
Nine on •the South.
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5.Description of property held in the names of William E.
Robertson,Virginia N.Robertson,James H.Gabriel and Vesta G.
Gabriel:
Lot No.One (1)and that portion of Lot No.Two (2)
described as follows:Contained within boundary
lines beginning at a point on the West line of
the SE*of Section 19,Township 5 North,Range 72
West of the 6th P.M.,which point bears North 1018
East 1262.3 feet from the Southwest corner of said
SE*,said point being also the Southwest corner of
Lot No..One (i)in Grand Estates Subdivision in said
SE*of Section 19,and running thence North 88°Li8T
East 321.03 feet to the center line of Grand Estates
Drive in said Subdivision,thence South 1°12’East
alon said center line 179.88 feet,thence South
88°Li.West 328.88 feet to the West line of said
SE*,thence North along said West line 180 feet
to the point of beginning,containing approximately
1.366 acres,of Grand Estates Addition of the Town
of Estes Park,Colorado,according to Plat filed•December 31,195L1.•
6.Description of property held in the names of Darold D.
Rolirbaugh and Lois E.Rohrbaugh:
Lots eighteen(18),Twenty—two(22)and Thirty(3O)in
Grand Estates Addition to the Town of Estes Park,
Colorado.7.
7.Description of property held in the names of Floyd and
Betty Wallen:
Lot Seventeen(17)in Grand Estates Addition to the Town
of Estes Park,Colorado.
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6.Within thirty (30)days after the date of the
adoption of this Ordinance,the Town Clerk shall submit to the
County Clerk and Recorder of Larimer County,Colorado,and to the
County Assessor of said County,copies of this Ordinance to be
filed in said offices.
7.That if any one or more sections or parts of this
Ordinance shall be adjudged unenforceable or invalid,such judg
merit shall not affect,impair or invalidate the remaining provi
sions hereof,it being the intention that the various provisions
of this Ordinance are and shall be severable.
8.That by reason of the fact that the area included
within the District is without any adequate and sufficient means
of disposing of sewage wastes,and is in grave need of such facil
ities and service as will be provided by said District in order to
adequately protect the health and welfare of the inhabitants of
the area,it is hereby determined and declared that an emergency
exists,and that this Ordinance is necessary to the immediate
preservation of the public health and safety.
9.That after its passage this Ordinance shall be
published one time in the Estes Park Trail in its edition dated
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1969,and as an Emergency Ordinance shall become
effective five (5)days after its publication.
ADOPTED AND APROVED This 22d day of September,1969.
(S E A I)
Mayor
ATTEST
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