ACTION REQUESTED The requested action of the Board of Trustees is to consider approving Ordinance 2017-04 to correct a discovered error in the legal description. The ordinance corrects the error in the ordinance and the annexation agreement document attached to the ordinance. BASIS FOR CORRECTION The legal description in the exhibits to the Annexation Ordinance and Annexation Agreement included an incorrect letter. The letter “W” was intended to be in the legal description rather than the letter “E.” The Annexation Map did not include the error in the description. The correction replaces the “E” with the “W” in the ordinance and agreement as follows: Error: …Beginning at a point on the South line of the County Highway which bears S 78°55'30" E a distance of 1104.40 feet from a 1952 B.L.M. 3.25" Brass Cap at the Northeast Corner of said Section 10;… Correction: …Beginning at a point on the South line of the County Highway which bears S 78°55'30" W a distance of 1104.40 feet from a 1952 B.L.M. 3.25" Brass Cap at the Northeast Corner of said Section 10;…Advertisment
ORDINANCE TEXT WHEREAS, the Board of Trustees of the Town of Palisade, Colorado, has found the Petition for Annexation of the parcel of land, described in the attached Exhibit A, to be in substantial compliance with Section 31-12-107(1), C.R.S.; and WHEREAS, after notice pursuant to Section 31-12-108, C.R.S., the Board of Trustees held a public hearing on December 13, 2016 on the proposed annexation to determine if the annexation complies with Sections 31-12-104 and 105, C.R.S.; and WHEREAS, the Board of Trustees has by resolution determined that the requirements of Sections 31-12-104 and 105, C.R.S., have been met, that an election is not required, and that no additional terms or conditions are to be imposed on the annexed area, and WHEREAS, an error was discovered in the legal description of the annexation and has been corrected by this amended and restated ordinance; and WHEREAS, the same error was discovered in the legal description of the annexation agreement signed by the Town and the Palisade Basecamp RV Resort, LLC and is also corrected by this amendment; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF PALISADE, COLORADO: Section 1. The annexation to the Town of Palisade, Colorado, situated in the County of Mesa, State of Colorado - described in the attached Exhibit A - be and the same hereby is ordained and approved , and said territory is hereby incorporated in and made a part of the Town of Palisade, Colorado. Section 2. The territory hereby annexed to the Town of Palisade, Colorado shall be known as the Palisade Basecamp RV Resort Annexation No. 2. Section 3. Annexation of said territory to the Town of Palisade, Colorado, shall be complete and become effective on the effective date of this Ordinance and the filings of copies of this Ordinance and Annexation Maps with the County Clerk as required by law, except for the purpose of general property taxes, and shall be effective as to general property taxes on and after the first day of January, 2018. Section 4. In annexing said territory to the Town of Palisade, the Town of Palisade does not have any obligation respecting the construction of water mains, sewer lines, gas mains, electrical service lines, cable television service lines, streets, or any other services or utilities in connection with the territory hereby annexed, except as may be provided by the ordinances of the Town of Palisade. Section 6. The annexation of the territory herein described shall be subject to an Annexation Agreement voluntarily made by and between the Town of Palisade and one hundred percent (100%) of the landowners of the territory hereby annexed, attached hereto as Exhibit “B” and incorporated herein by this reference. Pursuant to Section 31-12-112, C.R.S., no election is required for the approval of the terms and conditions contained in such Agreement. Said Annexation Agreement is hereby approved by the Town of Palisade and the Mayor is hereby authorized and directed to execute the Annexation Agreement on behalf of the Town. Section 7. Within thirty (30) days after the effective date of this Ordinance, the Town Clerk shall, and hereby is authorized and directed to: a. File one copy of the Annexation Map, together with the original of this Annexation Ordinance in the office of the Town Clerk of the Town of Palisade, Colorado. b. File three (3) certified copies of this Annexation Ordinance, Map of the area annexed containing a legal description of such area, with the Mesa County Clerk and Recorder
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