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,
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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
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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
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