HomeMy WebLinkAboutORDINANCE 13-00ORDINANCE NO.13-00
AN ORDINANCE VACATING
A PORTION OF BIG HORN DRIVE,A PUBLIC ROAD LOCATED
TN ESTES PARK,COLORADO
WHEREAS,Section 43-2-303,C.R.S.provides that the Board of Trustees of the Town of
Estes Park,Colorado,may vacate any roadway or part thereof located within the corporate limits of
the Town;and
WHEREAS,the Town of Estes Park passed Ordinance 6-91 on March 26,1991,vacating a
portion of Big Horn Drive;and
WHEREAS,said Ordinance was recorded at Reception Number 91016973,on April 25,
1991,Larimer County Clerk and Recorder;and
WHEREAS,it has been subsequently discovered that the legal description of said ordinance
was incorrect and there is a need to vacate a larger portion ofBig Horn Drive;and
WHEREAS,the vacated portion of Big Horn Drive set forth in Ordinance No.6-91 is totally
included within the legal description of the portion of Big Horn Drive to be vacated by this
Ordinance;and
WHEREAS,the vacation of this portion of Big Horn Drive will not leave any land adjoining
said portion of the road being vacated without an established public road connecting said land with
another established public road.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK,COLORADO.
Section 1:The Board of Trustees of the Town of Estes Park,Colorado hereby vacates,
pursuant to the applicable provision of Part 3 of Article 2 of Title 43,Colorado Revised Statutes,the
following described portion of Big Horn Drive.
See Exhibit “A”.
Section 2:The adoption of this ordinance is hereby determined to be declared an emergency
due to the fact that it is nccessary to immediately vacate the right-of-way;and Wl-IEREAS,in the
opinion of the Board of Trustees an emergency exists,this ordinance shall take effect and be
enforced immediately after its passage,adoption and signature of the Mayor.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO THIS &G DAY OF_______2000.
TOWN OF ESTES PARK
deL iOa
ayor
ATTEST:
Town of Estes Park
Town Clerk1 Depu*t..P.O.Box 1200
Ci Estes Park,0080517
0 0
Exhibit ‘A”
PROPOSED RIGHT-OF-WAY VACATION DESCRIPTION
A tract of land located in the NW 1%of Section 25,T5N,R73W of the 6th p.m.,Town of
Estes Park,County of Larimer,State of Colorado,being more particularly described as
commencing at the Northwest corner of Lot 20,Block 10,Second Amended plat of the
Town of Estes Park,as monumented by a Town of Estes Park Brass Cap in asphalt,
and with all bearings contained herein being relative to the North line of said Lot 20
considered as bearing due East;thence S06°04’31”W a distance of 253.89 feet to a
point on the westerly right-of-way of Big Horn Drive,which is the TRUE POINT OF
BEGINNING:
thence S88°29’38”E a distance of 11.13 feet;
thence 501 °30’22”W a distance of 1.00 feet;
thence S88°29’38”E a distance of 4.49 feet;
thence 501 °21 ‘33W a distance of 11.40 feet;
thence S44°44’50’E a distance of 6.36 feet;
thence S01°21’33’Wa distance of 5.87 feet;
thence 30.42 feet along said westerly right-of-way line on the arc of a curve
concave to the northeast,said curve has a delta angle of 8°13’21”,a radius of 212.00
feet and is subtended by a chord which bears N40°16’36’W a distance of 30.40 feet to
the TRUE POINT OF BEGINNING.
(the above described parcel contains 169 square feet,more or less)
C C
Exhibit “B”
PROPOSED RIGHT-OF-WAY VACATION DESCRIPTION
A tract of land located in the NW ¼of Section 25,T5N,R73W of the p.m.,Town of
Estes Park,County of Larimer,State of Colorado,being more particularly described as
commencing at the Northwest corner of Lot 20,Block 10,Second Amended plat of the
Town of Estes Park,as monumented by a Town of Estes Park Brass Cap in asphalt,
and with all bearings contained herein being relative to the North line of said Lot 20
considered as bearing due East;thence 506°04’31”W a distance of 253.89 feet to a
point on the westerly right-of-way of Big Horn Drive,which is the TRUE POINT OF
BEGINNING:
thence S88°29’38”E a distance of 11.13 feet;
thence S01°30’22”Wa distance of 1.00 feet;
thence S88°29’38”E a distance of 4.49 feet;
thence S01°21’33”W a distance of 11.40 feet;
thence S44°44’50”E a distance of 6.36 feet;
thence S01°21 ‘33W a distance of 5.87 feet;
thence 30.42 feet along said westerly right-of-way line on the arc of a curve
concave to the northeast,said curve has a delta angle of 8°13’21”,a radius of 212.00
feet and is subtended by a chord which bears N40°16’36’W a distance of 30.40 feet to
the TRUE POINT OF BEGINNING.
(the above described parcel contains 169 square feet,more or less)
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AMENDMENT TO AGREEMENT
This Amendment amends the Agreement dated the 26th day of March 1991,by and
between David Y.Boon (“Boon”)and the Town of Estes Park,a Colorado Municipal
Corporation,(the “Town”).
RECITALS
WHEREAS,David L.Ware and Carole A.Ware entered into an Agreement with the
Town on the 26th day of March,1991;and
WHEREAS,subsequently the Wares’property was sold to David Y.Boon who became
the successor in interest to the Wares with regard to the property and the Agreement;and
WHEREAS,ft is necessary to amend the Agreement to correct the legal description set
forth on Exhibit B of the Agreement.
NOW THEREFORE,CONSIDERATION OF THE AGREEMENT HEREIN
CONTAINED AND OTHER GOOD AND VALUABLE CONSIDERATION,THE
PARTIES AGREE AS FOLLOWS:
1.Exhibit B of the Agreement dated the 26”day of March,1991,and recorded at
Reception No 91012469,on March 29,1991,Latimer County Clerk and
Recorder,shall hereby be amended by replacing Exhibit B of said Agreement
with Eshibit B attached hereto and incorporated herein by this reference.
2.All other provisions of the Agreement dated the 26th day of March,1991,will
remain in full force and effect.
IN WITNESS WHEREOF,the parties hereto have executed this Amendment to the
Agreement this day ofr ,2000.
TOWN OF ESTES PAIUK
By:hL ,Qas%L
M$ra
Town Clerk,
David Y.