Special Meeting

January 8, 2004



The Board of Trustees of the Town of Deer Trail met in special session on January 8, 2004 at the Town Hall, 555 Second Avenue, Deer Trail, Colorado. The meeting was called to order by Mayor Tink Rector at 7:00 p.m.

The purpose of this meeting was to discuss details of the Carter Annexation.


Mayor: Tink Rector  Trustees Present: Gary Lavoie, Russell Ness, Tami Stoumbaugh, Dutch Venter, Melvin Wood  Staff Present: Patti Owens, Town Clerk  Public Present: Kathy Carter, Steve Carter


The portion of the Carter Annexation Agreement addressing dedications was addressed.

TRUSTEE LAVOIE MOVED, TRUSTEE STOUMBAUGH SECONDED that the Dedications section of the annexation agreement read in its entirety, "Owner agrees to dedicate by General Warranty Deed or appropriate instrument of conveyance acceptable to the Town, any necessary easements and rights-of-way for streets and other public ways and for other public purposes. Such dedications shall occur at the time of subdivision platting. The petitioners must pay to the Town, at the time of platting, cash in lieu of six (6) percent of the property's market value of $6000.00, a total of $360.00." Voting was as follows:  YES: Lavoie, Ness, Rector, Stoumbaugh, Venter, Wood  NO: None  ABSTAIN: None  ABSENT: Haight

The Mayor declared the motion carried.

Water rights on the proposed annexed property were discussed.

TRUSTEE LAVOIE MOVED, TRUSTEE STOUMBAUGH SECONDED that the Water Rights portion of the agreement read as follows, "Owner acknowledges certain water rights exist appurtenant to the Property, and the Town consents to the drilling of additional wells on the property prior to subdivision platting. Prior to development of the subject property, Petitioners shall convey such water rights as they now own in the subject property to the Town. Owners agree not to convey such water rights to any party other than the Town, and Owners further agree and warrant not to take any action or fail to take any action that may result in the loss or impairment of such water rights prior to conveyance to the town.

The Board took a ten-minute break to allow the Town Clerk to type the Dedications and Water Rights sections in full to present to the Board and the Carters.

The meeting was reconvened at 8:00 p.m.

Trustee Haight arrived at 8:00 p.m.

Voting was as follows:  YES: Ness, Rector, Stoumbaugh, Venter, Wood, Lavoie  NO: None  ABSTAIN: Haight  ABSENT: None

The Mayor declare the motion carried.

The Board determined that the Town Attorney will not be contacted to make revisions to the agreement.


TRUSTEE VENTER MOVED, TRUSTEE NESS SECONDED to adjourn the meeting. The motion carried. The regular meeting was adjourned at 8:10 p.m.


Beryl H. Rector, Mayor



Patti K. Owens, Town Clerk