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HomeMy WebLinkAbout1078 Quitclaim Deed Reverter 05-20-2026Click or tap here to enter text. ORDINANCE NO. 1078 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, ACKNOWLEDGING THE AUTOMATIC REVERSION OF OWNERSHIP IN AND TO CERTAIN PROPERTY PREVIOUSLY CONVEYED BY QUITCLAIM DEED TO FORMER TOWN BOARD MEMBERS PURSUANT TO ORDINANCE NO. 1061 WHEREAS, pursuant to Sections 3 and 7 of Ordinance No. 1061, adopted on March 26, 2025 by the Town of Firestone (the “Town”) Board of Trustees (the “Town Board”), the Town conveyed to former Trustee Lorna Morton and former Trustee Raymond Byrd (each, a “Grantee”) a fee simple determinable interest in certain real property owned by the Town and identified in Ordinance No. 1061 as Parcels C and G (the “Property”), by separate quitclaim deeds recorded at Reception No. 5029776 on May 16, 2025 and Reception No. 5029782 on May 16, 2025, respectively, in the records of the Weld County Clerk and Recorder (each, a “Quitclaim Deed” and collectively, the “Quitclaim Deeds”); and WHEREAS, as directed by Sections 3 and 7 of Ordinance No. 1061, each Quitclaim Deed created a fee simple determinable estate through the use of the following durational language: “so long as Grantee is an elected official of the Town of Firestone”; and WHEREAS, because each Quitclaim Deed conveyed only a fee simple determinable interest in the Property, the Town Board finds that no further action by the Town is required to restore absolute fee simple title to the Property once the stated condition is no longer satisfied; rather, upon the occurrence of that condition, each Grantee’s fee simple determinable interest in the Property automatically and immediately reverts to the Town pursuant to the Town’s retained possibility of reverter; and WHEREAS, the Town Board finds that Lorna Morton ceased to be an elected official of the Town upon her resignation from the Town Board on April 22, 2026; and WHEREAS the Town Board further finds that Raymond Byrd ceased to be an elected official of the Town upon his removal from office following the certification of the April 21, 2026 recall election, in which a majority of the Town’s voters voted in favor of his recall, and the subsequent swearing-in of his duly elected successor, Bobby Matthews; and WHEREAS, based upon the foregoing findings and determinations, and in furtherance of the intent and purpose of Ordinance No. 1061, the Town Board hereby acknowledges the automatic reversion to the Town of all fee title interests in and to the Property, legally described below: PARCEL C: A PARCEL OF LAND SITUATED IN WELD COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP .PROPERLY MARKED & STAMPED "1952" IN A MONUMENT BOX IN THE NORTH QUARTER CORNER OF SECTION 30, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, Docusign Envelope ID: 06D7EA66-55E8-8F5A-816F-1DE401735693 Click or tap here to enter text. WELD COUNTY, COLORADO. THENCE N 90°00'00" E, 660.20 FEET; THENCE S 00°36'10" E, 30 FEET TO THE POINT OF BEGINNING; THENCE S 00°36'10" E, 30.00 FEET TO A POINT; THENCE N 90°00'00" E, 10.00 FEET TO A POINT; THENCE N 00°36'10" W, 10.00 FEET TO A POINT; PARCEL G: A PARCEL OF LAND SITUATED IN WELD COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP PROPERLY MARKED & STAMPED "1952" IN A MONUMENT BOX IN THE NORTH QUARTER CORNER OF SECTION 30, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO. THENCE N 90°00'00" E, 660.20 FEET; THENCE S 00°36'1 0" E, 30 FEET TO THE POINT OF BEGINNING; THENCE S 00°36'1 0" E, 70.00 FEET TO A POINT; THENCE N 90°00'00" E, I 0.00 FEET TO A POINT; THENCE N 00°36'10" W, 10.00 FEET TO A POINT; THENCE S 90°00'00" W, 10.00 FEET TO THE POINT OF TERMINATION, CONTAINING 100 SQUARE FEET MORE OR LESS; and WHEREAS, having determined that ownership of the Property has automatically reverted to the Town, the Town Board further desires to: (a) authorize written notice to each Grantee confirming the automatic reversion of their ownership interests in the Property to the Town in accordance with the terms of the applicable Quitclaim Deed; and (b) direct Town staff to record this Ordinance with the Weld County Clerk and Recorder, and to take any additional actions or file any additional documents necessary with the Weld County Assessor or any other appropriate county agency to remove the Grantees from the tax rolls associated with the Property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Recitals Incorporated. The recitals contained above are incorporated herein by reference and are adopted as findings and determinations of the Board of Trustees. Section 2. Notice. The Mayor, Town Clerk, Town Attorney, and appropriate Town staff are hereby authorized and directed to prepare, execute, and deliver written notice to each Grantee of the automatic reversion of their ownership interest in and to the Property back to the Town in accordance with Sections 3 and 7 of Ordinance No. 1061 and each Quitclaim Deed. Section 3. Direction to Staff. The Town Board hereby directs: (a) the Town Clerk and appropriate Town staff to request that the Weld County Clerk and Recorder record one (1) certified copy of this Ordinance, and to provide one or more certified copies of this Ordinance to the Weld County Assessor and any other appropriate county agency; and (b) the Mayor and Town staff, in consultation with and assistance from the Town Attorney, to prepare, execute, record, and deliver any deeds, notices, affidavits, or other documents, and to take any additional actions deemed Docusign Envelope ID: 06D7EA66-55E8-8F5A-816F-1DE401735693 Click or tap here to enter text. necessary or advisable to carry out the intent of this Ordinance and to confirm and establish the Town’s absolute fee simple tile in and to the Property. Section 4. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision will not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts was declared unconstitutional or invalid. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED BY TITLE this 20th day of May, 2026 TOWN OF FIRESTONE By:_______________________________ Don Conyac, Jr., Mayor ATTEST: __________________________________ Miriam Granados Luna, CMC, Town Clerk APPROVED AS TO FORM: _________________________________ Marshall Keith Martin, Town Attorney Docusign Envelope ID: 06D7EA66-55E8-8F5A-816F-1DE401735693