Ordinance 4 Amend Annexing Certain Territory to be known as the Palisade Basecamp RV Resort Annexation No.2

Palisade Board of Trustees
Date of Vote: Tue, Mar 14th 2017
Polls (closed):
Yay (0)    Nay (0)

Summary

                    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;…
                
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                    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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