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HomeMy WebLinkAboutORDINANCE 329-67o 0 c ORDINANCE NO.329 AN ORDINANCE CREATING AN IMPROVEMENT DIS TRICT IN THE TOWN OF ESTES PARK,COLORADO, TO BE KNOWN AS LITTLE PROSPECT MOUNTAIN SANITARY SEWER DISTRICT;ORDERING THE CON STRUCTION THEREIN OF SEWER IMPROVEMENTS AND PROVIDING FOR THE ISSUE OF BONDS OF SUCH DISTRICT IN PAYMENT OF SAID IMPROVEMENTS. WHEREAS,the Board of Trustees of the Town of Estes Park,Colorado,pursuant to Section 2,Article 2, Chapter 89,Colorado Revised Statutes,1963 by resolution, duly found and declared that there existed a necessity for the creation of Little Prospect Mountain Sanitary Sewer Dis trict,Estes Park,Colorado,and the construction therein of certain sewer improvements;and WHEREAS,the Engineer designated by said Board of Trustees has made his report in the premises,and has filed with the Clerk of the said Town all the maps and certificates of his survey,as well as schedules,plans,specifications, approximations of cost,and all other matters and things in complete form and substance as by the law and said resolution required;and WHEREAS,by resolution duly passed and adopted by said Board of Trustees on the lLth day of August,1967,the report so made and filed by said Engineer was adopted,and the said report,together with details,specifications,estimates,maps, schedules and all other matters and things required by law and said resolution was approved by said Board of Trustees;and WHEREAS,by said resolution,the said Board of Trustees directed the Town Clerk to publish the required notice according to Subdivision (Lv)of Section 2,Article 2,Chapter 89,Colorado Revised Statutes,1963;and WHEREAS,the said Town Clerk,by advertisement for a period of more than twenty (20)days prior to the lath day of September,1967,published in the ‘tEstes Park Trailtt,a newspaper 0 0 of general circulation in the Town of Estes Park,gave notice in accordance with said law and resolution;and 1i]REREAS,more than twenty (20)days have elapsed since the date of the first publication of said notice;THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1.That the said Board of Trustees finds that said improvements hereinbefore described and referred to,consisting of sewer improvements,were duly ordered after notice duly given,and after hearing duly held,all as required by law. Section 2.That Little Prospect Mountain Sanitary Sewer District be,and the same is hereby established and created out of that portion of the Town of Estes Park,Colorado, consisting of lots described as follows,to-wit: Lot 6;Lot 7 and that pt of Lot 37 as desc.in deed in B 556 P78;Part of Lot 8 des as fol:Beg at NE cor of Lot 8,th S 6L°L9’W 51.8 ft,$5105!E 175.2 ft,$L1J1.°l8’E lL16.2 It,N 68°2l’E 72.9 ft to SE cor of Lot 8,th N Wrly aig Erly ln of Lot 8 to POB;Part of Lot 8 des as fol:Beg at cor #32, th $68021!W l5L.9 It,th N )Jol8t W lL6.2 ft,th N 51005!W 175.2 ft th $6L°L91 W 10.2 It,th S 6L1°L191 W 109.9 ft to cor #33,th S L2°L7’E 300.7 ft to FOB;Lot 9,less Swrly 135.1 ft.;Pt of Lot 10 desc as fol:Beg at cor #1--O of sd Lot 10;th S l3°OO W 20.1 ft to TPOB:th S 13°OO’W 83 ft: N 77°21’W 157 ft to a pt on W ln of sd Lot:th alg sd W ln N 19°28’E 82.3 ft:$77°38’E 162.1 ft TPOB;A por of Lots 9,10 &11 and vac street adj.Little Pros.Mtn.Estes Park desc as:Beg at SE cor Lot 9,th N 58°27’E 11.3 ft,N 58°28’W 310.8 It,S 5o°L7’w 5L1.6 ft,S 3l°)7’w 87 ft, S 77°38’H 3LL It m/l to W line of street (Stanley Circle),th NErly along sd W line to pt of beg.; Pt.Lot 9 desc as:Beg at pt wh SW cor Lot 9 bears S 58°27’W 11.3 It,th N.580271 E 85 It,N.So°L1OI W.311 ft,S.5O°L7’W l2L.5 ft to a pt 10.6 ft N of SW cor Lot 9,5 58°28’E 310.8 ft to pt of beg.; For of Lot 10 des as fol:Beg at Lot cor #Li2,th N 21°L8’E 132.8 ft to Lot cor #Ll,th N 13000!E 63.6 ft,N 77°21’W 157 ft,S O9°28’W lL6.L.It,S 76°38’E 101 ft.S lLj°OLj E 55.7 ft to FOB.;For of Lot 10,Beg at SE cor of sd Lot,Cor.No.L[3,th N 5012!W 192.9 ft,Lot cor #Li2,th N 55018!W 136.0 ft,th S 09028!W 52.8 ft to Lot cor #Li-6,th S 27°28’W 108.3 ft to Lot cor #L5,th S 142031!E 99.1 -2- 0 ft to Lot cor #Lji,th $68°il’E 129.2 It rn/i to pt of Beg.Also beg at cor of #Li2 th N 55°l8’W 136 ft to pt on W in of ad Lot,$76°38’E bilL,S lLj°0L1’E 55.7 ft to FOB.;Beg at Sta.No.53 of Lot 11,S 3i°L7’ W 2L15.5 It,$27°E 8L.l It,S 72°56’E 149.87 It,S 72°56’E 106.9 ft.S 12°12’E 108.2 It,N 270281 E 108.3 It,N 19°28’E along E line of sd Lot to a pt S 77°38’E l86.L It from pt of beg,N 77038 W i86.L It to beg,exc the N 20 It.;Lot 12;A part of Lot 13 desc as:Beg at SE cor Lot 13,th N 89°38’W 120 It, N o°16’w 31L1.8 it,S 85°35’E 108.9 ft,S 2L°5P E 69.6 ft S O3°50’W 2LJj.6 It,the pt of beg.less Bk 1222,F L10;That por of Lot 1L lying S of fol line: Beg at Sta.No.67,th S 83°L11’E 23L.7 It to E line of Lot,exc frac to Town of Estes Park.;Beg at SW cor of ad Lot 17,th N 5°27’W L120.l It.th $79° 53’E 269.5 It,th S 29°5L’E 169.8 It;th S O°22’ W 25.0 It;th N 89°38’W 117.0 ft,th S O°22’W 200.5 It,th N 89038!W 191.1 ft to pt of beg.Also a pt of Lot lLj from wh pt the NE cor of Lot lL bears N 5°27’W loL.8 ft.S 5°27’E b0L.9 ft,N 83°Ll’w 5o.L It,N 2l°57’E 107.5 ft to beg.;A por of Lots 1L and 17 beg at NE cor of ad Lot iLk,th S 87°l6’W lL6.7 ft,$20° 11’W 18L.7 it,S 83°L1P E 23L.7 It to E line sd Lot, th N 5°27’W 209.7 ft to beg.less amt.sold &desc. in Bk 1081,P 201.Also that por of Lot 17,des as: Beg at NW cor Lot 17,th S 5°27’E boL.8 ft,N 22°Lj.O’ E 103.5 It to N line Lot 17,N 79°55’W 50.8 It to beg.; For of Lot 15 beg at SW cor of Lot 15,being cor No.68 of Rec Flat,th alg W side of sd Lot N 2O°L8’ E 55 ft.S 7l°L2’E 1Ll.L It to SE cor of ad Lot & cor No.69,th S 87°l6’W lL6.7 ft to FOB.;Lot 15 less Bk 1257 F 226;Lot 16,less $rly por as desc in Bk lolL P L65;For of Lot 16 desc as:Beg at SW cor Lot 16,N 5°27’W 76 ft along Srly line sd Lot, N 83°03’E 207.9 It to pt on Erly line sd Lot,S 25°06’E L2 It,S 23°5L1’E 120.7 It,N 79°53’W 269.5 ft to pt ol beg.;Beg at SE cor of sd Lot 17 th N 0022,E 200.5 It,th N 89°38’W 117.0 it,th S O°22’W 200.5 It,th S 89°38’E 117.0 It to pt of beg.;Lot 18; A por of Lot 19 dese as:Beg at NW cor Lot 19,N 7L1° 30’E 226.5 It,N 66°5o’E 103.5 It.$10010,E 186.3 ft,N 89°38’W 332 ft rn/i to W line Lot 19,N 1001W W along W line sd Lot,82.1 It m/l to beg.less Bk 1132 F L58;Beg at SW cor Lot 19 N bO°lO’W 131.2 It,S 89°38’E 332 ft,$lO°bO’E 131.2 It,N 89°38’W 332 ft to beg.less Bk 1106,F 231 less par.desc in Bk 1132,F Lj58 &ll3L,F 678.;Lot 19 exc beg at SW cor. N.lO°lO’W 213.3 it N 7L°3O’E 226.5 ft N.66°5o’E 103.5 It $10010?E 317.5 It N 89°38’W 332 ft to beg.; Beg at pt on N line Lot 19 wh NW cor Lot 19 bears S 7L1°30’W 22L ft,N 7L°30’E 2.5 ft.N 66°5o’E 103.5 It, $l0°lO’E 187.1 ft,S 75°o8’W 52.3 It,N 27°ll’W 175.3 ft to beg.;A por of Lot 19 des as:Corn at SW cor Lot 19,S 89°38’E 200 It to True Ft oi Beg,S 89°38’E 132 It,N lO°lO’W 131.2 ft S 75°08’W 119 It, S 2°58’E 100 It to True Ft of Beg.;Pt ol Lot 20 desc as:Beg at Sta.No.90,th N L1J°3l’E 157.2 It,N L7°22’E 209.2 It,to Sta No.92,S 0°21j’W L123.2 ft to Sta No.93,N 57°07’W 312.1 it to beg.less por sold to USA in Bk 738,P 270.;Beg at pt on NWrly side of Lot 20 sd cor designated Stake No.90,S 57°ll’E 158.6 It,S 23°l3’W 282.3 It,S 87°55 i%’W L.9 It,N 6°l7’W -3- C 331.6 ft N 5Ol E 25 ft to pt of beg.;Beg at NW cor of Lot 20 or Ste.87,th S 7°21’E along W line of ad Lot 186.11 It,th N 87°55’E 195 It,th N 6011,W 331.5 ft to N line of ad Lot,th S 5Q°9’W along sd line 237.3 ft to pt of beg.;Beg at pt on E line of Lot 20 wh SE car sd 20 bears S 21°L±E 268.7 It,th S 87°55’ w 315.8 ft,S l0°L3’W 92.2 It,S 87°55’W 171.1 ft, N O°22’E 57.9 ft to Sta No.88,N 7°21’W L2.3 ft,N 87°55’E 505 It to E line of Lot 20,S 21°LiJ’E 10.6 It to beg,exc 2 parcels deeded to U.S.G-ovt’as in B 703 P 395;Beg at a pt on E line of Lot 21 wh NE cor sd Lot bears N l0°52’E 21.1 It.S 82°L7’W l79.L It, S 7°3l’E 190.2 ft to rdway,N 50°l7’E Ll.l It,N 1111°11o’E 151.3 It,N l0°52’E 78.1 It to beg.;Beg at a pt 20 ft S along W line of NW cor of Lot 21 at the True Pt of Beg,S 8°50’E 180 It,N 82°L17’E 365 It,N 8°50’ W 180 It,S 82°L7’W 365 It to pt of beg.;Beg at SW cor of Lot 22 th N 82°L7’E alg S side of Lot 226.2 It,N 2L°31’W l3L.7 It to NW in of Lot,S L8°9’W 226.2 It to beg.;Corn at SW cor of Lot 21 N 8°50’W 222.7 It,N 82° L7’E 363 It,S 8°5o’E 116.8 It to Srly line of Lot, SWrly along $line of Lot to pt of beg.;Beg at pt on S side of 20 ft rdway wh NE cor Lot 21 bears N 76°38’ E 187.1 It,th along rdway S 82°L7’W 175.9 It,S 8°50’ E 1211.1 It,N 82°L7’E l72.L It,N 7°l3’W 1211 It to beg.; Pt of Lot 21 beg at a pt wh NE cor ad Lot 21,bears N 115°6’E 235.5 It,th S 82°L7’W 172.11 It,th S 8°5o’E 172.7 ft to N line,of rdway,th along sarne N 50°17’E 198.7 It,th N 7°13’W 66.2 ft to beg.;Beg on S line of Lot 22 wh SW cor bears S 82°L7’W 200 It N 211°3l’W 119.1 It to Nrly line of ad Lot N L8°09’E 230 It, S 2L°3i’E 256.2 It to S line of ad Lot S 82°L7’W 230 ft to beg.less SWrly 26.2 It as desc in Bk 1151, P 505.;Beg on S line of Lot 22 wh SW cor bears S 82°L7’W L130 It,N 2L°30’W 128.1 It,N 75°L6T E 282.7 It,S L9°L0’E 6.5 It.$2L°5’E l5Lj.5 ft.S 82°L7’W 29L.9 It to beg.;Beg at a pt on N line of Lot 22 wh SW cor bears S L8°9’W L30 It;th L18°9’F l7L.6 It to N cor,$L9°L0’E 260.11 It,th S 75°L6’ W 282.7 It,th N 2L°3i’W 128.1 It to pt of beg.; Lot 23,less B 787 P 145,B 820 P 306,B 879 P 323; Beg at SE cor of Lot 23 th S Li..8°09’W 209.6 ft N L8°39’W 130 It,N 50°38’E 20L1.l It,S 52°ol’E 122.3 ft to beg.;Beg at NW COT Lot 23 (being Ste No.1011)th s 118°23’E 3110.8 It to Srly line of sd Lot 23 th along the Srly line of ad Lot S 118°9’W 260 ft to SW cor of ad Lot 23,(being Ste.No.100),th N 8°50’W along the Wrly line of ad Lot,1102.5 It to pt of beg.;A por of Lot 23 as fol:Beg at Stn 1011 NW cor Lot 23 S 118°23’ F 3110.8 ft to SErly line of Lot,N 1180091 F 135 It, N 118°39’W 313 It to Nrly line of Lot,S 59°23’W to beg.;That pt of Lot 25,lying E of lol line:Corn at S cor ad Lot NWrly to a pt 20 It Wrly Irorn Sta.110; Lot 211;Beg at NW cor Lot 26 th N 68°29’E 67.5 It, S 63°E 376.2 It,S 73°111’W 3311.9 ft rn/l to a pt on W line of ad Lot,th N l7°511’W 255.L.ft to beg.; Beg at SW cor Lot 26 N 17°511’W 267.9 It,N 73°111’E 75 It,S l11°116’F 276.5 ft to S ln of Lot 26,$82°117’W 56 It to POB.;That por of Lot 26 beg at pt wh the SE cor of ad Lot bears S 88°311’E 165 It,N 8°i’W 1113.5 It, to True Pt of Beg,N 8°l’W 137.5 It th S 73°l11’W 181.9 It,S l11°116’E 126.5 It,N 75°111’F 167.3 It to beg. Together with 15 ft R/W B 865 P 223;Beg at SE cor of -11- Q © Lot 26 N 8°5o’W 263.1 ft to NE cor of sd Lot,N 63°W along Lot line 100 It,th leaving lot line $73°iL’W 78 It,$8°i’E 281 It,S 88°3L’E 165 ft to pt of beg.; That POT of Lot 26 beg at SE cor sd Lot 26,N 88°3L’W 165 ft to True Pt of Beg,th N 8°l’W il3.5 It,S 75° 1LT W 167.3 It,S lL°L6’E 130 It,N 8o°56’E 153.2 ft rn/i to True Pt of Beg,exc R/W;Lot 27;Beg at SE COT Lot 28 N 17°5Ljt N 267.9 It,S 78°L6 W 100.7 It,S 17° 5L E 125 It,S 82°L17’N 186.1 It,S 5°01’E L1±1.5 ft, S 23°08’E 93.7 It,S l2°36 E 95.7 It,(N 82°L7l E to E in of Lot 29)(N 5°07’N 91.L ft to POE.);Beg at NW cor of Lot 28 th along the Lot line S 22°13?W 60.3 It, th continuing along the Lot line S 5°l’E 60 It th leaving the Lot line N 82°L7’E 186.1 It,N l7°5L1.W 125 It to N line of sd Lot,th along the Lot line S 78° L6’W 131.2 ft to pt of beg,A rn/i;Beg at SE cor of Lot 29 N 5°7’W along E line of Lot 375.L It,S 82°L7’ N to N side of Lot or Stn.122,th S 2L°5L F 91.6 It, S 23°L0’E 111.2 It,S 32°2 E 187.1 ft to SW cor of Lot N 85°55’E i2L.8 ft to beg.;Lot 30 less to Peck as in B 831 P 3L2,less Bk 1o5L P 365;Pt of Lot 30 beg at SE cor of sd Lot,running th Nrly along E line of sd Lot 185.1 ft to pt (th N 86°39’N 225.5 It to a pt.th S 8°5L E 258.1 ft to a pt on S line of sd Lot, th Eriy along sd S line 221.6 ft to pt of beg.;Beg at pt wh bears N 8°5Ol N 185.1 ft from SE cor Lot 30 th N 86°39’N 225.5 It,N 8°SLj’W 175.8 It to N line Lot 30,tb.N 82°L7l E 221.9 It,S 8°5o’E 237.6 ft to beg.; Corn at most Srly cor of Lot 25 N 63°N along Srly line Lot,L176.2 It,N 72°7 F L2.8 It N 67°35’E 166.2 It, SErly to beg.;all in Little Prospect Mountain Addition to the Town of Estes Park,Colorado. Section 3.That the construction of the sewer improve ments in and for said District,as shown by the plans, specifications and map thereof prepared by the Engineer desig nated by said Board of Trustees,and approved by the Board of Trustees of said Town,and now on file in the office of the Clerk of said Town,be and the same is,hereby authorized and ordered. Section L..That by virtue of and in pursuance of the aforesaid law,local improvement bonds of the said Town be issued for the purpose of paying for the local improvements in this Ordinance described and provided to be constructed in said Sanitary Sewer District,in an amount not to exceed the whole cost of said improvement,including engineering,inspec tion,legal,collection,other incidental expenses and interest, as in said law provided. -5- © Section 5.That said bonds shall be dated November 1, 1967,shall bear the name of the district improved,shall be payable to the bearer ten years from and after the date thereof, subject to call and prior payment as by law provided,shall be subscribed to by the Mayor,attested by the Town Clerk,under the seal of the Town,shall be payable out of the moneys collected on account of the assessments made for said improve ments,shall bear interest at the rate of six percent per annum,payable semi-annually,shall have twenty coupons thereto attached,attested by the facsimile signature of the Town Clerk evidencing said interest,shall be in denominations of one thousand dollars or five hundred dollars each,or both, except the last bond of the issue,which may be in any con venient denomination,and shall be numbered consecutively from one upward.The principal shall be payable at the office of the Town Treasurer,and interest shall be payable at the office of the Town Treasurer. Section 6.The said improvement bonds shall be issued from time to time by the Town Treasurer on estimates of the Engineer appointed by said Board of Trustees,and approved by the Board of Trustees,but the Mayor and Board of Trustees may use said bonds at par for the payment of engineering and other clerical expense and costs of inspection,or the Mayor, with the approval of the Board of Trustees,may sell sufficient of said bonds at par to pay said expenses in cash.The Town Treasurer shall make and preserve a record of all bonds issued hereunder in a suitable book kept for that purpose. Section 7.That said bonds and the coupons thereto attached shall be in substantially the following form: -6- 0 UEITED STATES OF AMERICA STATE OF COLORADO COUNTY OF LARIMR TO1J1 OF ESTES PARK LITTLE PROSPECT MOUNTAIN SANITARY SEWER DISTRICT No. __________ $_____________ The Town of Estes Park,in the County of Larimer and State of Colorado,for value received,acknowledges itself indebted and hereby promises to pay to the bearer hereof the sum of _____________________________DOLLARS, in lawful money of the United States of America,on the 1st day of November,A.D.,1977,subject to call and payment, however,at any time prior thereto,with interest thereon from date until payment at the rate of six per centum per annum,payable semi-annually on the first days of November and May in each year,the principal and interest being payable at the office of the Town Treasurer upon presenta tion and surrender of the attached coupons or this bond as they severally become due. This bond is issued for the purpose of paying the cost of sewer improvements in Little Prospect Mountain Sanitary Sewer District,in the Town of Estes Park,by virtue of and in full conformity with Article 2,Chapter 89,Colorado Revised Statutes,1963,and an ordinance of said Town duly adopted,approved,published and made a law of said Town prior to the issue hereof. This bond is payable out of the proceeds of a special assessment to be levied upon real estate situate in the Town of Estes Park,Colorado,in said Little Prospect Mountain Sanitary Sewer District specially benefited by said improvements,and the amount of the assessments to be made upon the real estate in said district for the payment thereof —7- with accrued interest,is by the aforesaid Statutes,made a lien upon said real estate in the respective amounts to be apportioned to said real estate and assessed by an ordinance of said Town,and it is hereby certified and recited that the total issue of bonds of said town for said district, including this bond,does not exceed the amount authorized by law,that every requirement of law relating to the creation of said Little Prospect Mountain Sanitary Sewer District,the making of said local improvements,and the issue of this bond, has been fully complied with by the proper officers of said town,and that all conditions required to exist,and things required to be done precedent to and in the issue of this bond to render the same lawful and valid,have happened,been properly done and performed,and did exist in regular and due time,form and manner,as required by law. IN TESTIMONY THEREOF,the Town of Estes Park has caused this bond to be subscribed by itts Mayor,attested by the Town Clerk,under the seal of the town,registered by the Town Treasurer,and the interest coupons hereto attached to be attested by the facsimile signature of the Town Clerk, this 1st day of November,A.D.,1967. MAYOR ATTEST: TOW1 CLERK TOWN TREASURER -8- 0 ‘A (Form of Coupon) No. ___________ $_____________ On the first day of November,A.D.,19 ,the TownMay— of Estes Park will pay to the bearer ______________________ Dollars in lawful money of the United States of America,at the office of the Town Treasurer in Estes Park,Colorado, being six months’interest on its local improvement bond issued for the construction of local improvements in Little Prospect Mountain Sanitary Sewer District,Estes Park, Colorado,provided this bond shall not have been heretofore paid;attached to bond dated November 1,1967,bearing No. (Facsimile signature) TOWN CLERK Section 8.The Town Clerk is hereby authorized and directed to have printed such bonds as may be required to meet the actual cost of said improvements,as herein provided, and when said bonds are prepared,to deposit the same with the Town Treasurer,to be issued as hereafter directed by the Board of Trustees. Section 9.That the Town Clerk be and he is hereby authorized to advertise for bids to construct said improvements by advertisement once a week for three consecutive weeks in the “Estes Park Trail”,a newspaper of general circulation,pub lished in such town. Section 10.The Board of Trustees herewith finds, determines and declares that this Ordinance is necessary for the immediate preservation of the public peace,health and safety,and whereas in the opinion of the Board of Trustees an emergency exists,because the lack of a sanitary sewer in -9- Q a’ said district threatens the preservation of the health of said town,this Ordinance shall take effect and be in force five (5)days after its final passage and adoption. Section 11.All Ordinances or parts thereof in conflict herewith are hereby repealed.This Ordinance,after its passage,shall be recorded in a book kept for that purpose, shall be authenticated by the signatures of the Mayor and Town Clerk,shall be published in the “Estes Park Trail”,a news paper published in said town,and shall be irrepealable until the indebtedness herein provided for shall be paid in full. -a MAYOR ATTEST:I TO1 CLERK -10-