Loading...
HomeMy Public PortalAboutOrdinance #219TOWN OF FRASER ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE ANNEXATION OF TERRITORY TO THE TOWN OF FRASER, COLORADO;'ZONING SUCH ANNEXED PROPERTY; AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF FRASER. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO: Section 1. Annexation. Subsection A. That the owners of one hundred percent (100%) of the hereinafter described property, exclusive of streets and alleys have filed with the Board of Trustees of the Town of Fraser, Colorado, a Petition for Annexation of said property to the Town of Fraser, Colorado. Subsection B. That the property to be annexed is described as follows, to wit: PARCEL 1 ALL OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO LYING NORTHEASTERLY OF THE DENVER AND RIO GRANDE WESTERN RAILROAD RIGHT OF WAY (CURRENTLY OWNED BY SOUTHERN PACIFIC LINES). SAID PARCEL CONTAINS AN AREA OF 13.23 ACRES, MORE OR LESS. PARCEL 2 ALL OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO LYING NORTHEASTERLY OF THE DENVER AND RIO GRANDE WESTERN RAILROAD RIGHT OF WAY (CURRENTLY OWNED BY SOUTHERN PACIFIC LINES) EXCEPT THAT TRACT CONVEYED TO LELAH M. VENABLE AND HENRY J. KING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND RUNNING THENCE NORTHERLY ALONG THE EAST LINE OF SAID SUBDIVISION FOR 315 FEET; THENCE WESTERLY PARALLEL TO THE SOUTH LINE OF SAID SUBDIVISION FOR H:1TffP1FRASBR�HARYVAL$\AMTSX-OR.WPD 176 FEET; THENCE S02°2010011E FOR 145.3 FEET; THENCE S51°4010011W FOR 97.5 FEET TO THE EAST RIGHT-OF-WAY LINE OF THE DENVER AND RIO GRANDE WESTERN RAILROAD; THENCE SOUTHEASTERLY ON A 08000100" CURVE FOR 142 FEET MORE OR LESS TO THE SOUTH'LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND THENCE EASTERLY ALONG SAID SOUTH LINE OF SAID SUBDIVISION FOR 154.7 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS AN AREA OF 12.17 ACRES, MORE OR LESS. PARCEL 3 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE OF A 60.00 FOOT ROAD RIGHT-OF-WAY AND THE EAST LINE OF SECTION 19, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 19, BEARS S00000155"W A DISTANCE OF 108.45 FEET; THENCE ALONG THE EASTERLY LINE OF SAID ROAD, THE FOLLOWING FIVE (5) COURSES: 1) N 18027104 W, A DISTANCE OF 290.88 FEET; 2) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 290.50 FEET, A CENTRAL ANGLE OF 30°4213011, AND AN ARC LENGTH OF 155.67 FEET; 3) N 12-15127" E, A DISTANCE OF 70.00 FEET; 4) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 892.36 FEET, A CENTRAL ANGLE OF 8*0610011, AND AN ARC LENGTH OF 126.15 FEET; 5) N 04-09127" E A DISTANCE OF 169.84 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, S 89*29103" E A DISTANCE OF 55.42 FEET TO SAID EAST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE S 00000155" W ALONG SAID EAST LINE, A DISTANCE OF 791.60 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS AN AREA OF 54,728 SQUARE FEET (1.256 ACRES) MORE OR LESS. Subsection C. That the said property is eligible for annexation as provided in "The Municipal Annexation Act of 1965". - 2 - Subsection D. That the Annexation Agreement approved by Ordinance No. 153, as amended by the Supplement and Amendment to Annexation Agreement approved by Ordinance No.,/8, is hereby made a condition of this annexation and such property shall be subject the terms and provisions of said Agreement, as amended. Subsection E. That the hereinabove described property be and the same is hereby annexed to the Town of Fraser, Colorado, and the corporate limits of said Town are hereby extended to encompass said property. Section 2. Zonin WHEREAS, the property described above is by this Ordinance annexed to the Town of Fraser, Colorado; AND WHEREAS, pursuant to Section 31-12-115, Colorado Revised Statutes, as amended, it is necessary to zone said property; AND WHEREAS, the owner of said property has submitted an application to zone said property "PD - Planned Development District" as provided in Section 13-3-12 of the Code of the Town of Fraser, entitled "Planned Development District (P.D.)"; AND WHEREAS, the owner of said property is also the owner of the adjoining property that was previously zoned as Planned Development District No. 1 (PDD #1), pursuant to Ordinance Nos. 154, 155, 156, 157, 158, and 159, and said owner has requested that the above described property be zoned in the same manner and be made subject to the same Planned Development Plan as said adjoining property; AND WHEREAS, the Fraser Planning Commission has reviewed said application and has recommended that said zoning request be approved and that the Planned Development Plan be amended to include said property hereby annexed to the Town; AND WHEREAS, a public hearing was held by the Board of Trustees of the Town of Fraser pursuant to Notice of said public hearing, properly published, as required by the Code of the Town of Fraser, Colorado, and Section 31-23-304, Colorado Revised Statutes, as amended; AND WHEREAS, the Board of Trustees hereby finds that the proposed zoning and the Planned Development Plan for said property is in substantial conformance with the Comprehensive Plan (also sometimes known as the Master Plan) of the Town of Fraser, as amended; - 3 - AND WHEREAS, it appearing to the Board of Trustees that it would be in the best interests of the Town of Fraser to zone this property as in this Ordinance provided; and therefore, Subsection A. Pursuant to Sections 13-11-1 and 13-11-2 of the Code of the Town of Fraser, Colorado, the official zoning map of the Town of Fraser is hereby amended by zoning the following property "Planned Development District No. 1 (PDD #1)11, in accordance with the Plan documents previously approved pursuant to Ordinance Nos. 154, 155, 156, 157, 158, and 159 and the Supplement and Amendment to Annexation Agreement approved by Ordinance No. PARCEL 1 ALL OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO LYING NORTHEASTERLY OF THE DENVER AND RIO GRANDE WESTERN RAILROAD RIGHT OF WAY (CURRENTLY OWNED BY SOUTHERN PACIFIC LINES). SAID PARCEL CONTAINS AN AREA OF 13.23 ACRES, MORE OR LESS. PARCEL 2 ALL OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO LYING NORTHEASTERLY OF THE DENVER AND RIO GRANDE WESTERN RAILROAD RIGHT OF WAY (CURRENTLY OWNED BY SOUTHERN PACIFIC LINES) EXCEPT THAT TRACT CONVEYED TO LELAH M. VENABLE AND HENRY J. KING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND RUNNING THENCE NORTHERLY ALONG THE EAST LINE OF SAID SUBDIVISION FOR 315 FEET; THENCE WESTERLY PARALLEL TO THE SOUTH LINE OF SAID SUBDIVISION FOR 176 FEET; THENCE S0202010011E FOR 145.3 FEET; THENCE S51040'0011W FOR 97.5 FEET TO THE EAST RIGHT-OF-WAY LINE OF THE DENVER AND RIO GRANDE WESTERN RAILROAD; THENCE SOUTHEASTERLY ON A 08000100" CURVE FOR 142 FEET MORE OR LESS TO THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND THENCE EASTERLY ALONG SAID SOUTH LINE OF SAID SUBDIVISION FOR 154.7 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS AN AREA OF 12.17 ACRES, MORE OR LESS. - 4 - PARCEL 3 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE OF A 60.00 FOOT ROAD RIGHT-OF-WAY AND THE EAST LINE OF SECTION 19, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 19, BEARS S00°0015511W A DISTANCE OF 108.45 FEET; THENCE ALONG THE EASTERLY LINE OF SAID ROAD, THE FOLLOWING FIVE (5) COURSES: 1) N 18*27104 W; A DISTANCE OF 290.88 FEET; 2) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 290.50 FEET, A CENTRAL ANGLE OF 30*4213011, AND AN ARC LENGTH OF 155.67 FEET; 3) N 12-151271" E, A DISTANCE OF 70.00 FEET; 4) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 892.36 FEET, A CENTRAL ANGLE OF 800610011, AND AN ARC LENGTH OF 126.15 FEET; 5) N 040091271" E A DISTANCE OF 169.84 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, S 89-291031" E A DISTANCE OF 55.42 FEET TO SAID EAST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE S 00*001551" W ALONG SAID EAST LINE, A DISTANCE OF 791.60 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS AN AREA OF 54,728 SQUARE FEET (1.256 ACRES) MORE OR LESS. Subsection B. Said property hereby zoned "Planned Development District No. 1 (PDD #1)" shall be deemed to be added to the adjacent Planning Areas shown on the approved Planned Development Plan Map, dated October, 1986, with that part of said property described as Parcel 1 to be added to Planning Area 23a; that part of said property described as Parcel 2 to be added to Planning Area 23b; and that part of said property described as Parcel 3 to be added to Planning Area 28. There shall be no change in the allowable uses or the maximum number of dwelling units allowed for each to such Planning Area, as provided in the approved Plan. READ, PASSED, ADOPTED AND ORDERED PUBLI HED BY THE BOARD OF TRUSTEES THIS day of �9� , 1995. - 5 - Votes in favor: Votes opposed: Votes abstained: ( S E A L ) BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO Marianne Klancke, Mayor Pro-Tem ATTE 11: V r a Winter, TowClerk Published in the Winter Park Manifest on Ilmd., 1995. �-= umflu uvuNry'uu 96UU2291 U3/19/96 020OPM 20.00 .00 1.00 PAGE 1 OF, 4 SARA L ROSENE,RECORDER REC—FEE DOC—FEE ANX SUPPLEMENT AND AMENDMENT TO ANNEXATION AGREE;IIENT THIS SUPPLEMENT .4ND AMENDMENT TO ANNEXATION AGREEMENT is made effective November 15. 1995. by and between the TOWN OF FR.ASER, a municipal corporation of the State of Colorado ("Fraser"), and MARYN :ALE LLC. a Colorado limited liability company (" ONA-ner") WHEREAS. Fraser and Regis-Manvale. Inc.. a Colorado corporation. heretofore entered into a written Annexation Agreement dated October 5. 1986, which was recorded on October 21. 1986 in Book 405 at Pages 734 through 806 (Reception No. 249082) of the records in the office of the Clerk and Recorder of Grand Count'. Colorado: AND WHEREAS.. Owner is the current owner of the Property described in said Annexation Agreement and is the successor to all rights and obligations of Regis-Maryvale. Inc. under said Annexation Agreement: AND WHEREAS, Owner has acquired ownership of the following described real propertN. which is adjacent to said Property described in the Aruiexation Agreement: PARCEL 1 ALL OF THE SOL"THIWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29. TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE SIXTH PRINCIPAL MERIDIA\. COUNTY OF GRAND. STATE OF COLOR_DO LYING NORTHEASTERLY OF THE DENVER AND RIO GRANDE WESTERN RAILROAD RIGHT OF SWAY (CURRENTLY OWNED BY SOUTHERN PACIFIC LINES). SAID PARCEL CONTAINS AN AREA OF 13.23 ACRES. MORE OR LESS. PARCEL 2 ALL OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PRINCIPAL, MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO LYING NORTHEASTERLY OF THE DENVER AND RIO GR.ANDE WESTERN RAILROAD RIGHT OF WAY (CURRENTLY" OWNED BY SOUTHERN PACIFIC LINES) EXCEPT THAT TRACT CONVEYED TO LELAH M. NTENABLE AND HENRY J. KING DESCRIBED AS FOLLOWS: _. i•.'__ILNS%SPGGL'.rAX'.i=i.-F.SI!.._` URANU VV,UNTY,UU 'J' 6UU2291 U3/19/96 020OPM 20.00 .00 1.00 PAGE 2 OF 4 SARA L ROSENE,RECORDER REC-FEE DOC-FEE ANX COMIMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QU.ARTER OF THE SOUTHEAST QUARTER AND RUNNING THENCE NORTHERLY ALONG THE EAST LINE OF SAID SUBDIVISION FOR 315 FEET: THENCE WESTERLY PARALLEL TO THE SOUTH LINE OF SAID SUBDIVISION FOR 176 FEET: THENCE S02020'00"E FOR 145.3 FEET: THENCE S51 °40'00" W FOR 97.5 FEET TO THE EAST RIGHT-OF-WAY LINE OF THE DEINVER AND RIO GRANDE WESTERN RAILROAD: THENCE SOUTHEASTERLY ON A 08°00'00" CURVE FOR 142 FEET MORE OR LESS TO THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER .STD THENCE EASTERLY .-LONG SAID SOUTH LINE OF SAID SUBDIVISION FOR 154.7 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS AN AREA OF 12.17 ACRES. MORE OR LESS. PARCEL 3 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 1 SOUTH. RANGE 75 WEST OF THE 6TH PRINCIPAL MERIDIAN. COUNTY OF GRAND. STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE OF A 60.00 FOOT ROAD RIGHT-OF-INVAY AND THE EAST LINE OF SECTION 19, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 19. BEARS S00000'55" W A DISTANCE OF 108.45 FEET: THENCE ALONG THE EASTERLY LINE OF SAID ROAD, THE FOLLOWING FIVE (5) COURSES: 1) N 18027'04 fit'. A DISTANCE OF 290.88 FEET: 2) -ALONG THE ARC OF A CURVE TO THE RIGHT HA`-ING A RADIUS OF 290.50 FEET, A CENTRAL ANGLE OF 30°42'30". AT\TD A\T ARC LENGTH OF 155.67 FEET; 3) N 12 ° 15'27" E. A DISTANCE OF 70.00 FEET: 4) ALONG THE ARC OF A CURVE TO THE LEFT HAN-ING A RADIUS OF 892.36 FEET, A CENTRAL ANGLE OF 8"06'00", AND AN ARC LENGTH OF 126.15 FEET: 5) N 04009'27" E A DISTANCE OF 169.84 FEET: THENCE LEAVING SAID RIGHT-OF-WAY, S 89029'03" E A DISTANCE OF 55.42 FEET TO SAID EAST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER: - 2 - S1v5 ��` UltAVU UUUNTY,CU 96UU2291 03/19/96 U20OPM 20.00 .00 1.00 PAGE 3'OF 4 SARA L ROSENE,RECORDER REC-FEE DOC-FEE ANX THENCE S 00000'55" 1V ALONG SAID EAST LINE. A DIST.A_NCE OF 791.60 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS AIN .AREA OF 54.728 SQUARE FEET (1.256 .ACRES) MORE OR LESS. Said real property is collectively referred to herein as the "Additional Property": AND WHEREAS. Owner has proposed to annex said Additional Property to the Town of Fraser; and Owner and Fraser have agreed that upon annexation. such :Additional Property should be made subject to the provisions of the Annexation Agreement and its use and development should governed by the terms thereof and the provisions of the approved �Wi Development District Plan for the Property; Tianned to - .AND WHEREAS, Owner and Fraser desire to supplement and amend the provisions of said uinexation Agreement. as herein provided. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration. the receipt and adequacy of which is hereby ackno-wledged by both O-,vner and Fraser, the parties agree as follows: (1) Effective upon the annexation of the Additional Property to the Town of Fraser. the Additional Property shall be governed by the provisions of the-kimexation Agreement and shall be deemed to be a part of the Property referred to in the Annexation Agreement for all purposes. Exhibit "A-7" attached to the .Anmelationn Agreement. which contains the legal description of the Property subject to the Annexation .Agreement. shall be deemed to be supplemented by the addition of the Additional Property described above. (2) Oivner has proposed that. upon annexation. the Additional Property be zoned "PD - Planned Development District". in accordance with the Plan previously approved by Fraser for the Propertv described in Exhibit "A-7" attached to the Annexation Agreement: and o«mer has proposed that the .additional Property be added to the adjacent Planning Areas shown on the approved Development Plan. with that part of the Additional Property described as Parcel 1 to be added to Planning Area 23a: that part of the Additional Property described as Parcel 2 to be added to Planning Area 23b; and that part of the Additional Property described as Parcel 3 to be added to Planning Area 28. Effective upon adoption of such zoning. the Planning Areas shown on Exhibit "B" attached to the Annexation Agreement shall be deemed amended by the addition of such adjoining Parcels included in the Additional Property. There shall be no change in the allowable uses,Wor the maximum number of dwelling units allowed for each jd such Planning Area, as provided in the approved Plan, (3) Except as expressly supplemented and amended by the teens of this instrument. the Annexation Agreement and all terms. conditions and provisions thereof shall remain unchanged and are herebv ratified and confirmed by Fraser and OAiier. UX"U CUUIVTY,CU 9bUU2291 U3/19/96 U20OPM 20.00 .00 1.00 PAGE 4,OF 4 SARA L ROSENE,RECORDER REC—FEE DOC—FEE ANX IN NVITNESS NVHEREOF. the parties have hereunto subscribed their signatures on the dates indicated below. ONN'NER NIARYVALE LLC. a Colorado limited of Colorado FRASER TONNTN OF FRASER; a municipal corporation of liability, company the State BY:JA�!�BY: Manager mayor Pro -Ten ATTEST: T�Vtlerk LIENHOLDER APPROVAL The undersigned, as the holder of a lien on all or a part of the Property described in the aforesaid Aimexation Agreement. hereby acknowledges its approval of the terms of the foregoing Supplement and Amendment to Atuietation Agreement and agrees it will be bound thereby in the event of foreclosure of said lien. REGIS JESUIT HOLDING. INC.. a Colorado nonprofit corporation TITLE: DATE: f99S -4- UKANU WUNTY,UU PAGE 1 OF 3 COUNTY OF GRAND ) 1 TOWN OF FRASER 96UU229U U3/19/96 0158PM 15.00 ' .00 1.00 SARA L ROSENE,RECORDER REC-FEE DOC-FEE ODC I hereby certify tint I vim the duly appointed qualifled 'Town Clerks for the Town of Frnser, rind t11at t11e ;attached IT n true slid accurate copy of the original document my possessioll. Dcited: Town of Fraser By: Tol �91erk and In u GKANU CUUN'1'Y,CU 96UU229U U3/19/96 0158PM 15.00 .00 1.00 PAGE 2 OF 3 SARA L ROSENE,RECORDER REC-FEE DOC-FEE ODC TOWN OF FRASER ORDINANCE NO. rl % 5 AN ORDINANCE APPROVING A SUPPLEMENT AND AMENDMENT TO ANNEXATION AGREEMENT BETWEEN MARYVALE LLC AND THE BOARD OF TRUSTEES OF THE TOWN OF FRASER. WHEREAS, the Board of Trustees of the Town of Fraser, Colorado, by Ordinance 153, heretofore approved the execution of an Annexation Agreement dated October 5, 1986, relating to the property commonly known as Maryvale located in the Town of Fraser, County of Grand, State of Colorado, as more particularly described in Exhibit "A-7" attached to said Annexation Agreement; and WHEREAS, Maryvale LLC, a Colorado limited liability company ("Owner"), is the current owner of said property and has succeeded to all rights, privileges and obligations of the former owner under said Annexation Agreement; and WHEREAS, said Owner has requested that said Annexation Agreement be supplemented and amended, by the addition of certain other real property owned by Owner; and WHEREAS, the proposed amendments to said Annexation. Agreement are conditioned upon the annexation and zoning of said additional property after a public hearing, as required by law. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: Section 1. The Board of Trustees hereby finds and determines that the Supplement and Amendment to Annexation Agreement dated November 15, 1995, between Maryvale LLC, as Owner, and the Town of Fraser, providing for the annexation and zoning of certain land owned by Owner adjacent to.the land described in the Annexation Agreement approved by Ordinance 153, is reasonable and in the best interests of the citizens and residents of the Town of Fraser. Section 2. The Board of Trustees further finds and determines that it would not annex the additional property described in said Supplement and Amendment to Annexation Agreement if the said Supplement and Amendment to Annexation Agreement were not made and enforceable. Section 3. The Board of Trustees hereby 'approves said Supplement and Amendment to Annexation Agreement and authorizes H:`TffPNF A8R A\HARYVALH\AAGR-0R.VPD- URANU•CUUNTY,CU 96UU2290 03/19/96 0158PM 15.00 .00 1.00 PAGE 3 OF 3 SARA L ROSENE,RECORDER REC-FEE DOC-FEE ODC the Mayor (or Mayor Pro-tem) and the Town Clerk to execute said agreement on behalf of the Town. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES THIS day of ' ° �',( 1995. Votes in favor: BOARD OF TRUSTEES OF THE Votes opposed: 0 TOWN OF FRASER, COLORADO Votes abstained: • Mar anne Rlaneke, - Mayor Pro-Tem ( S E A L ) ATTEST: V rr' a W nter, Town Clerk Published in the Winter Park Manifest on Al �.2 , 1995. - 2 - TOWN OF FRASER ORDINANCE NO. &),/� AN ORDINANCE APPROVING A SUPPLEMENT AND AMENDMENT TO ANNEXATION AGREEMENT BETWEEN MARYVALE LLC AND THE BOARD OF TRUSTEES OF THE TOWN OF FRASER. WHEREAS, the Board of Trustees of the Town of Fraser, Colorado, by Ordinance 153, heretofore approved the execution of an Annexation Agreement dated October 5, 1986, relating to the property commonly known as Maryvale located in the Town of Fraser, County of Grand, State of Colorado, as more particularly described in Exhibit "A-7" attached to said Annexation Agreement; and WHEREAS, Maryvale LLC, a Colorado limited liability company ("Owner"), is the current owner of said property and has succeeded to all rights, privileges and obligations of the former owner under said Annexation Agreement; and WHEREAS, said Owner has requested that said Annexation Agreement be supplemented and amended, by the addition of certain other real property owned by owner; and WHEREAS, the proposed amendments to said Annexation Agreement are conditioned upon the annexation and zoning of said additional property after a public hearing, as required by law. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: Section 1. The Board of Trustees hereby finds and determines that the Supplement and Amendment to Annexation Agreement dated November 15, 1995, between Maryvale LLC, as Owner, and the Town of Fraser, providing for the annexation and zoning of certain land owned by Owner adjacent to the land described in the Annexation Agreement approved by Ordinance 153, is reasonable and in the best interests of the citizens and residents of the Town of Fraser. Section 2. The Board of Trustees further finds and determines that it would not annex the additional property described in said Supplement and Amendment to Annexation Agreement if the said Supplement and Amendment to Annexation Agreement were not made and enforceable. Section 3. The Board of Trustees hereby approves said Supplement and Amendment to Annexation Agreement and authorizes H:\VP�FRASER\MARYVALEjAAGR-OR_WPD A EXHIBIT B 11/15/95 the Mayor (or Mayor Pro-tem) and the Town Clerk to execute said agreement on behalf of the Town. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES THIS day of , 1995. Votes in favor: BOARD OF TRUSTEES OF THE Votes opposed: TOWN OF FRASER, COLORADO Votes abstained: ( S E A L ) BY: Marianne Klancke, Mayor Pro-Tem ATTEST: Virginia Winter, Town Clerk Published in the Winter Park Manifest on , 1995. - 2 - • O, ALELLC The Historic Cozens Ranch E. Rick Watrous, Manager September 20, 1995 Town of Fraser Att: Town Clerk, Vicky Winter P.O. Box 120 Fraser, CO 80442 Re: Annexation of Properties to Town of Fraser, Boundary Adjustment with Town of Winter Park Dear Ms. Winter: I am contacting you as a representative of the Maryvale, LLC to present a petition to annex certain properties into the Town of Fraser and amend the boundary line of the Maryvale PDD (with a corresponding adjustment to the boundary of the Town). Maryvale also will be requesting that it be allowed to expand certain PDD use areas as set forth in a companion letter to this submittal which addresses PDD or zoning issues. In submitting this petition, the Maryvale, LLC states that it is the owner of all real property addressed in this petition. The properties which are the subject of this petition are as follows: 1. A narrow strip of real property containing approximately 1.2 acres of land more or less, which fits between the westerly boundary of existing planning area 28 of the Maryvale PDD and the east right-of-way boundary of Tubing Hill Road. (This parcel will be called the Tubing Hill Road parcel.) An initial search of records indicates that this property is presently bordered by the Town of Fraser as to its common boundary with planning area 28 of the Maryvale PDD, and is otherwise jurisdictionally abutted by unincorporated Grand County. A copy of the deed showing when the Maryvale LLC took title to this real property is attached as is a drawing or map which shows its location. For your reference the legal description for this tract of land is: ALL THAT PORTION OF THE SE1/4SE1/4 OF SECTION 19, TOWNSHIP 1 SOUTH RANGE 75 WEST OF THE 6TH P.M. DESCRIBED AS FOLLOWS: (1 EXHIBIT C 11/15/95 3609 S. Wadsworth Blvd., Smite 210 9 Lakewood, Colorado 80235 9 Phone 303-989-3203 0 Fax 303-989-6506 BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE OF A 60.00 FOOT ROAD R.Q.W. AND THE EAST LINE OF SECTION 19, WHENCE THE S.E. CORNER OF SAID SECTION 19, BEARS SO 0010'58"W A DISTANCE OF 108.46 FEET, THENCE ALONG THE EASTERLY LINE OF SAID ROAD, THE FOLLOWING BEARINGS AND DISTANCES; N18 ° 17' W, A DISTANCE OF 290.88 FEET, THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 290.5 FEET AND A CENTRAL ANGLE OF 30042'30", AN ARC LENGTH OF 155.67 FEET, THENCE N12025'30"E A DISTANCE OF 70.00 FEET, THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 892.36 FEET AND A CENTRAL ANGLE OF 800699 AN ARC LENGTH OF 126.15 FEET, THENCE N4019'30"E A DISTANCE OF 169.84 FEET, THENCE LEAVING SAID ROAD R.O.W., S89°19'E A DISTANCE OF 55.42 FEET, THENCE ALONG THE EAST LINE OF SAID SECTION 19, SOO°10958" A DISTANCE OF 791.54 FEET TO THE POINT OF BEGINNING. 2. Two triangular pieces of land, totaling twenty-five (25) acres more or less which lie between the westerly boundaries of planning areas 23a and 23b of the Maryvale PDD and the east right-of-way line of the Denver, Rio Grande RR. The Maryvale, LLC purchased these two tracts of land about one month ago. The two (2) triangular land pieces of land each containing approximately one half of the total land area. (These parcels will be called the Water Board Triangles.) A copy of the deed by which the Maryvale, LLC acquired ownership is attached. The deed includes an area map showing the parcels in question. As was the situation with the Tubing Hill Road, these parcels are bordered by the Town of Fraser on the east and north via portions of the existing Maryvale PDD. The area to the west is believed to be unincorporated Grand County. The most southerly boundary of the southerly triangle abuts real property which is included in the Town of Winter Park as to the King's Crossing Star Condo project. For your reference, the legal description for the two tracts of land are: Those portions of land lying northeasterly of the right-of-way for the Denver & Rio Grande Western Railroad (owned by Southern Pacific Lines) in the Southwest quarter of the Northeast quarter (SW1/4NE1/4) and in the Northeast quarter of the Southeast quarter (NEI/4SE1/4) of Section 29, Township 1 South, Range 75 West, of the 6th P.M. EXCEPT tract conveyed to Lelah M. Venable and Henry J. King described as follows: Commencing at the SE corner of the NE1/4SE1/4 and running thence Northerly along the East line of said subdivision for 315 feet; thence Westerly parallel to the South line of said subdivision for 176.8 feet; thence South 2*20' East for 145.3 feet; thence South 51*40' West for 97.5 feet to the East right of way line of the Denver and Rio Grande Western Railroad; thence Southeasterly on an 8° curve for 142 feet more or less to the South line of said NE1/4SE1/4 and thence Easterly along said South line of said subdivision for 154.7 feet to the point of beginning. The above described parcels are shown on Denver Water drawing CAD 950053. County of Grand, State of Colorado For the purpose of this petition and in accordance with CRS§31-12-107(1)(c), this petitioner: a) Alleges that it is desirable and necessary that the foregoing tracts of real property be annexed to the Town of Fraser and/or subject to boundary modification for the following reasons: (1) RE: Tubing Hill Road parcel - This long, narrow strip of land lies between Tubing Hill Road and planning area 28 of the Maryvale PDD. Coordinated planning is needed for this site together with area 28, particularly in order to establish an effective access from the public road onto area 28. (2) RE: Water Board Triangles - These areas are virtually land -locked islands which are not accessible, except through portions of the existing Maryvale ownership. Their ultimate use, especially as to an access plan, should be considered in conjunction with the adjacent Maryvale properties. (b) The petitioner asserts that all relevant requirements of CRS§31-12-104 and 105 have been met and/or exist, including specifically that more than one -sixth of the perimeter of the areas for which annexation is requested are contiguous to the Town of Fraser and the proposed annexation is not dividing the ownership of properties to create any new "lots" or divisions of real property. We are attaching 4 copies of the proposed annexation maps for each of the parcels described above. (c) The petitioner signing this application or petition owns more than fifty (50 %) percent of the real property involved in the petition, exclusive of streets and alleys. In fact, Maryvale, LLC owns all of the real property in question. 1. Attached for your reference is a copy of the Treasurers Deed pursuant to which we acquired ownership of the Tubing Hill Road parcel. We have ordered a title insurance commitment as to this parcel which will verify that the deed attached did convey ownership of this parcel to the petitioner. The commitment will be forwarded to you as soon as we have received it from Grant County Title. 2. Attached for your reference is title insurance policy for the two triangle parcels. (d) The petitioner does request that the Town of Fraser as the annexing municipality approve the annexation of the areas as proposed. (e) This petition is signed by the relevant landowner. (f) The legal address of the landowner is shown on the letterhead of this petition and is repeated beneath the signature line at the end of the document. (g) All land involved in this petition owned by the Maryvale, LLC - copies of deeds have been attached as well as title insurance information. (h) The date this petition is signed is the date at the head of the document. It is also repeated adjacent to the signature. (i) The signature on this petition was submitted in the presence of a notary who affirmed it as a proper affidavit signature as of the date shown. If any added information is required in order for this annexation petition to be accepted and processed by the Town of Fraser, please advise and the data requested shall be supplied. In anticipation of your acceptance of this petition, I also forward Maryvale's check in the amount of $500.00 representing the fee for processing this annexation. For your assistance, I have also attached a reduction of the Maryvale PDD map which has been highlighted to show the location of the parcels of land which are the subject of this petition and their relationship to the existing Maryvale planned development. Respectfully submitted, MARYVALE, LLC du LoAte, 6t (2,3(q5 E. Rick Watrous, Manager Date 3609 So. Wadsworth Blvd., Suite 210 Lakewood, CO 80235 (303) 989-3203 PETITION FOR ANNEXATION AFFIDAVIT STATE OF COLORADO ) ss. COUNTY OF Je-Fffkse d I, Kevin Ehlers, Circulator of the Petition to Annex 3 parcels of land owned by Maryvale, LLC to the Town of Fraser, Colorado, hereby affirm that the signatures on the Petition is that of the property owner and that the signature is the signature of the Manager of the Maryvale, LLC. Kevin Ehlers - Circulator The foregoing instrument was subscribed and affirmed to before me this day of 1995, by as Circulator of the Petition for Maryvale, LLC. WITNESS my hand and official seal. My commission expires: H- ly-OLI Notary Public TOWN OF FRASER RESOLUTION lto—kf,�� A Resolution setting a public hearing to consider the request for annexation submitted by Maryvale, LLC, for three non-contiguous parcels totaling approximately 26 acres. WHEREAS, the Town of Fraser annexed the area commonly referred to as the Regis/Maryvale parcel in 1986; and WHEREAS, the property was sold to a group of developers in 1993; and WHEREAS, the developers have purchased three non-contiguous parcels adjacent to their existing property and as such, adjacent to the Town of Fraser, and have submitted an annexation petition to the Town requesting to annex these parcels to the Town of Fraser; and WHEREAS, the Town of Fraser's staff has determined that the annexation petition is in substantial compliance with Colorado Revised Statute 31-12-104 and 31-12-105, regarding annexation petitions and that no election is required with this annexation petition; NOW, THEREFORE, BE IT RESOLVED BY THE FRASER BOARD OF TRUSTEES THAT THE ANNEXATION PETITION SUBMITTED BY MARYVALE, LLC., IS IN SUBSTANTIAL COMPLIANCE WITH C.R.S. 31-12-104 AND 31-12-105, AND HEREBY SETS A PUBLIC HEARING TO CONSIDER THE ANNEXATION PETITION ON NOVEMBER 15, 1995 AT 8:00 P.M. DULY MOVED, SECONDED, AND ADOPTED THIS DAY OF OCTOBER, 1995. TOWN OF FRASER N ff�MG`N M N r EXHIBIT F 11/15/95 Winter Park Manifest Vol. XIX, No. 28 October 12, 1995 Page 18 I.egsl No. 99W NOTICE OF PUDLiC iIEARIN(i In accordance with C.R.B. 21-12-108(2), notice is histaby ' given that the Board of True taes of the Town of Fraser, Colored4.,, will hold a hearing upon the attached petition for annexation' submitted Maryville, LLC, on �pygr far , 1006, at w.ee -� s., in the Town Board Roos of the Frapr Town Hell, 1;ooated at & In Avenue, Fraser, Colorado,for the purpose of determining and finding whether the area proposed to be annex" to the Town of Fraser, as described in said petition, resets the applicable requirements of•Sactions 31-12-104 and 21-12-105, Colorado Revised -Statutes, as amgndeo,,aii{1"it considered eligible for annexation. -„ At -the same time and place' the Board•'of Trustees will also hold a hearing pursuant to C.R.S. 21-22-704-and Article 12-11 ofa the Code of the Town of Fraeere Colorado, for the purpose of , considering an amendment of theloffioial acning•sap or the Town y 4 of Fraser to 'mans.said Property described in the.attaohad. petition as ePD ;,planned 1)evelopment.Districtir -� All interested parties and citizens shall have the a opportunity to Ds heard at such hearing. DATED this 4 ,. day. of Ogjober .-r•1998 .. ., By order of the Board of Trustees.; i Legal No. 99W Publisind in the Wtsw Park Man an MULA Firs pabilmaw October 12. 1995 ' awinter. Town er Faun publication Novembu 2,199S { A VIiY LE lAe 11i0o)n- (•s;avn Us.* 1i Rick Ulllryas.hi'saSO, r SePossims 20. 1995. ' • i Town of Fraser All:, Towns Clerk. Vicky Winter ` P.O. Ilse 120 , d Intascr. (,'O gW42 Ire: Annexation or Maptalies to 'town of raw w` Boundary Adjustirca with Trial of Wiular Pat . 1 Do" his. Whiter: a 1 as cnnl,•aling yrm as a milmscntalive or tint Maryvale, IJJ In Fresno a 1>Cthlnn tea atumY certain propci icre into t e'roan or 1'sascv and anlead she bouldary line of site Alayvak 1 M) (whit A clntaspxndhig adjnelnera it) him bosulary of ties 'raw,,), kleryvak Abu will be ' refpxating IIWI h Its allowed 10 expand vestal" PIM usearcas as Ain firth In a asupai*afleler of nnis sanlUal olnkb takinssca 1'Irpor rnbdrgt novas. in wlxuUllag ildx itNUbn. Um AlaryvAlc 1JA:41aJce time Is is Jim uWter.ordi low lmrymtly addirssul In Ibis pcswura , ` Ile plopenlcs Which are (Ire subj"i of thin position arc as rialows. 1. A falraw Illip of real pnglefly anlaining apgxuxhlately 1.2 area of land Inca or less. Whiclf His Ielwecn Jim weaetly Ixapwly of ealuing.Pianutng area 28 or Um Maryville 111)1) slid she sass rigla-trf•way Ismndary or llublag Ildi Read. (This pored will le calked Jim'rubing Hill Rood pafcet.) An Initial search of recurda hdkwes Was this pripmay is Pm$MIy Ixmkncd by Ue Town or Fraser as 10 its cannon Ixwdary with Illalud"ll I'm 28 of tie Islayvale Pill), and is odMFWisc jnri%dcJi rAdIy daAuctl by ' undpxxlnrotcd Grad C:fetuy..A agiy or de door Ilewtog when tie Maryvak IJJ: looktitle it) ibis real pl pelly Is atachol as Is a drawing of loops wllicb dotal its kwglhnl. 44sr yaw sererccce the legal description n Isar this pact of land is; A1,1.'I11A'1' 1'(IRTtI IN OIr l'IIK SF.1/4SN,1/4 (IF SIC(,*rlOt4 19, TOiVNS111p 1801.1111 RANG . 75 WKFr OF TIIH 6111 p,Al. IIIrSCRIDK0 AS FOIJ.(M . BEGINNING A'r lire POpKr OF INTUR.SI,(.97ON OF TIIF FAST IJNft OF A ro-00 F0(Y1' R1)AI11I.O.%V. AND TIIK K,1Sr I.INle OFSE(,'r10N 19 '.77qq %Vlll:NCE !'III' SAL COUNICH OF SAIDSK(..-I-JON 19, Jimits 19 ; O"I0'58"W A DISrANCE OF 108.46 FPaCir " 111F.NCIi AIJ/NG '1•IIR JASfKI(1,1' LINK OF SAp! H(L1D, 771ft l'OI,IA)WING UKAItlNI:SAND UIS ri%NCM1 4 NI8'f T1V, A fl1pAN(x;OF 290.881-le r, 9 711ENCM ALON(l A ('tIRVr T'O771K RI(:IIT 1l'f711 A ItAUIIIS OF290 y:;''. FF%"r AND A CFN THAl. AN(:IJC OF 30"42.30'. AN ARC, I*N(.Til 4) 155.47 FJ+;KT, - .Ay 111E VCK"N12"25'JD"K A DISrANCK OF 70.00 Flrft1; TillMlC ALONG A ('IiRVV I,O 1,111C LICF-1' WI -Ill " A UAD111,4OF891-m F7tiICT ANII A ('FJy'I'R,11. AN(IJC OF8"g6 ; AN AItC Id•JV1:771 Orr 12G,1$ '1 HENCIS N4'I9'3111"E A JIMANCE OK 14984 VIIENCH LEAVING SAID ROAI) U.(/.W., S89"19'9 A lI19rAN(;K OF la 55.41 7'IIENCIC AL1)N(: 1111C EASr LINE OF SAID SECTION 19, SO0"I0158" A IMMANCK OF 791.54 kFhT TO 111E POINT' OF IRCGINNIM. ' s +- 4 2.. 7'ws triangular Pic= of lap1, (,noting Iweray-live (25) acme close of Ire wldch Ile Ilefeecn the WCaOrly laxrndal les of plmmUng areas 23a and 23b of Ice Alaryvahl 1!UI) ' apt lbo c u rlgla rrr-nay Use of the llemv. Hbn trends RR. 71m • hluyvalc, IJJC pschased show we bags or turd about are fou ah ago.' 11e two (2) hlariplar lard Plaems of lair eo:b ciaanidng ap ploxillaroly unto Iatir of Jim Iulal lard ' I Well. 44twel PAmd'IWM Im'aallad ",in Wolof Ibmnd Trlangix,) A atiTy orrle dawn ay 1 which she 112ryvak, 1JC wrPlbed uwcishi s Is anladwil. llosi deed Includes an area tie naP showing Ilse Parcels In iPseabsn. As was the shumbn with tlre'ruldog IIUI Road. these parcels arc bndencJ (sy be TuWu of 1°race` In Iles east an .,u nob via lentum of wit= clio"Is Ills yvale 1'1111. The asnt 11) am crest Is believed to be o ldnawp)rated (rand (;aaay, lie anal sullenly boundary of Um southerly triangle aluua real propany which a• is incbxlal is the Town of Winter Park as its file Khtg's Craning Star 9gdss Project. Ida your rcrown., it. legal loam Was Ilu a,a 1. hom W Mail arc 1lacce "MttWed'er land lying pMlrcuslerly of the dirb1•ol' way for the Ikrovcr &•Rbl inside :Weslera•Rdb=d*(owned by Southern 14tdtk IJeesl is Jiro -_•"'Satdbttesl"gsancr;of the NnelUam1 rP arter-rSWIMNIC1/41`nnud in Jim rtY Nm11xr(dmpf fiSuhaculvr NCIr.�echn 29. i+W1 Ttt r4r,linUga 711Atrslr I.lbe Gib P DI .. vT ';+ kXt'NJT drlerQ(ixnt'f1tl, to Jclatn fil , Veirable and lieury Jr King described AS feRnrus a lnmauvx4uU Altbz SIC 1v1nCi Sir ilia N1;1/4SK1/4 and ranntag thane l a ` Northerly along Ito: Nast Ufk rituld sulnlhidan for 3I5 Jodi thence Westerly . jaudlel/n Ike Smith Uiliat saW9ulnli0da n for 176.9 reels them south �• Vag for 145.3tcytl i dwrico span 51.4o'.Wrld for 97.5 reed to the Hass -right • ,' of Way We or heaver and Bin Grande Waders Ratie. Uraa t:, ibenrae.Swdjr�JeriyW aa8@curve rim142 reel Issue or im io theSmde use er eabt NKI/4S1 1/4 and them Eaavrly along sold Soaib Ibis of said WlxRfisbal, far.1.�4.7 feel 10 the Pala) of Imgina(pg - "+ 11ro alwve Ikitsibtvl p urvei am, shown an quaver Water drawbrg CAI) 95Bu5J. 11a► f#m parpsg of Uds Pclhbin zed In aoaadanko wish CRS$51 12.107(1Xt), t�da pedlkamr, , j M 1 i ' al Z Altega timl b h dexhaisle, apt fmccnwry IIu1 the Gltegtnhig tracts (tricot root pnryrnly t k ! s };a m,md w nm Ira at I fay ag- /L', l bh a (a lfw,ktay :rranw�wa� tar um . t K u 1 r lu Tddag nut Ho aI parcel ? Tits rmrcow aryl er mud lien. t , klaccn Using 11111 Romp aal ldhavdag area 28 or des Maryville I'uu. + t l'sxad'uandl Planning is umW GIs tbi she uValmr whit des 28. particularly in i . j to esfabibh an ellix!thiv ass roan tiro puwk (owl anon af�a 28. i ( ,I 1 .12 Ulk "Warmr p Ibd T(laaghm "Thaw areas amvirtually land -looked t S Womb which are sat accessible, excepq timwgh ponkns of ties existing Malyvak `-awocrahip, limit ulthanni use. ee(n<siatly as to an access pleats. shoos be sounblscd to a whb dm.adjaerrn Alar)ryle Properties. ti �. 1110 Pphbma sunlit dxa all rebvAul nopubreaauts of CRS§31-12-104 and 105 Inure beer nml anyer •exbs, bn:ladlig tgncctUcalty shot-frnan time ono-siuh of Um pabuctei or des arras fur which antebmlbn is followed arc analgWlas tsi am Town of ❑laslx and des pnopaaxi mustoafl n is has divwbtg dw ownership of isrulwishs us, , a' sty new ;'hear rs s ivislo s of tad plosetly. Wa ao.atlac ig • a a or �Ix ,•. �- - an mnakm amPa' lIV each of ilia Laces described abirs:., '�^" w'`..1 �-•� to Tie pcad ner slgnlag dfls ap plicalkn or pwilbin cans namt awn tiny (50%) , permit or Jim tea p„y,enty inadvol In tie Feiuion, exclusive or griwix Will alley. In fil dos. i?vala. 1J,tr+swr�s 40 of tie seatPSTaly lu st malau. I, } : ftumbed rat' yotirrcleteaca in a Copp of tie rimsnrer. Doan puraaast to i which war"MUPthcd awnanldp of ties Tuhbng IIIU Rod parcel. Ws lave .. >`_11"darlola Ob bmuanea ctoenkamnn as to this pared which'wlll verily that am dsgnlallachol did outlay owreishls sd this pared le Ile perils er . ` - Tbc con UQftJA l wiU Ire frawAsdW toyrnu es Won We babe raxiy0d a rma G(lu)( CtimUq TWe s - �. ; . pAlia�o,,u row yafu (Cfraem is adA Julafanec �etky tar Iho � I► rrwngia (it) The hkamr duce " r K .... 1'el trn(rmd tba the Town at' 1 rater a Um aamsbng naaleiPswy ;. 4 n lit Um AraaS lot pnv sal , y t, ` {el 1101 I1, PdMM Is Signed by IUe leloveld itaknwgp h y 11m legal oldies, straw innbaefm: i down an um 1gliclimed 1,r dal; "And ` is p:i" lmlmath 11e signature line At am cpfof do desunmntd Igf All haul Umdsrcid I" this IwUinn own by file 1610yv c,6W (-esspnlq of rinds;, pave been'atluJsed av wcR oar Ilk GOyta!se fafinrWkss, �1 t ild The time ibis peWkn;s signal Is •retire at the Wit of rho rkclamny .R is oleo' sets adjarkys to Um a18 fa• i « y, t - . u Al 1Le sptsuga tm this pclhills was adnnkled in Iles Presence of it.soery w►n'j 4 a•s ploy er id'lklavh signature as,ef she aasc.Abf" '_ 9 EXHIBIT G 11/15/95 County of Grand, Slate of Colorado For line purpose of this religion alai in accordance Will' CRS§31-12-107(I)(c), Ihfs 116. a) Alleges dal if is desirable and necessary 111a1 [le foregoing tracts of real properly'-', he annexed lu Ilw Town or Fluster and/or subjecl 10 fuualuty aludilicaliun fur Ile following reasons:' �= (1) RE: Tubing 11111 Road parcel - Tills fang, narrow strip of land lies Iwhveco Tulling IIIII Road and planning area 28 of lie Maryvale I'DD. CowNinak7l planning is ImeJml for this site together Willi area 28, particularly in [egad No. 99W - - order [o esueblish all effective access from the public road unto area 28. NOTICE OF PUBLIC HEARING In accordance with C.R.B. 31-12-108(2), notice is hereby given that the Board of Trustees of the Town of Fraser, Colorado, will hold a hearing upon the attached petition for annexation submitted by Maryvale, LLC, on November 15 , 1995, at B.ne �.m., in the Town Board Room of the Fraser Town Hall, located at 153 Fraser Avenue, Fraser,. Colorado, for the purpose of determining and finding whether the area proposed to be annexed to the Town of Fraser, as described in said petition, meets the applicable requirements of Sections 31-12-104 and 31-12-105, Colorado Revised Statutes, as amended, and is considered eligible for annexation. At the same time and place, the Board of Trustees will also hold a hearing pursuant to C.R.B. 31-23-304 and Article 13-11 of the Code of the Town of Fraser, Colorado, for the purpose of considering an amendment of the official zoning map of the.Town of Fraser to zone said property described in the attached petition as "PD — Planned Development District". All interested parties and citizens shall have the opportunity to be heard at such hearing. DATED this 41 day of October , 1995. By order of the,Board of Trustees. Legal No. 99W '- 9)p Publislrod in lire Winter Park Manifest 1 i & je - Fort publication October 12, 1995 V rgw a winter, Town clerk Final publication November 2, 1995. 1- Rica Wdlrous, Ahmager Town of Fraser All: Town Clerk, Vicky Winter P.O. Rux. 120 Fraser. CO 90442 Dcar his. Winter: t3a", 1.1.0 Cotr•Irs Re11,11 September 20. 1995 Rc: Ainseualdoa of Properties 10 -rown of Fraser, Ibmddary Adjusutenit will, Town of Winter Park 1 inn contacting you as a representative of die Maryvale, I.LC to present a pefi ion to annex ceroist properties iota shc'Ibwn of I:rascr anal oniclpl Ile: loumlary Ihle of doe Maryvale PDD (will' a ""responding mljttsnncnu lu de luonnlary of lie 'town). Maryvale also will he requesting I11a1 it lie allowed to exPatnd certain PIA) use areas as set forth it a companion teller Ill this sub"rinal which adilrusses I'DD or zoning issues, lu submi[ling [his Petition, tie Maryvale, LLC slates Iltal it is [le owner of all real properly addressed in this petition. 'lla properties which are drc sal jccl of Ibis iet[lbnt are as,follows: I. A nmrnov strip of real pruleny containing approximately 1.2 acres of pant non; or IRS, which fits between the westerly boorishly of existing planning area 28 of the hiuryvale 11M) atnl Ilse cast rigltl-uf-(way boundary 01'1'ubing IIIII Road. ('11iis parcel will le called 0e'rubing Hill Road parcel.) An initial search of records indicates that this properly is prMifily hordeicd by de Town or Fraser as to its vannoon boundary Willi planning area 28 of she hlaryvale 1'UU, and is otherwise jurisdiclionally abulled by ulilcogomled Gram Cooly. A copy of lie deed showing wleit the Maryvale LLC took tide to this oral pugeny is aundnA as Is n drawing or soup which allows its healiou. Fur yaar referclice tie legal description for this tract of land is: ALLTHAT PORTION OF THESlil(4SEI(4 OFSIPC*fION 19, TO%VNSIIIP 1 SOUTH RANGE 75 WLW OF THE 6Til P.M. UFSCRIBED AS FOLLOWS: BEGINNING A'r i,iw POINT OF IN'1'ERSECHON OF TIM IMS'1' LINT, OF A 60.00 FOOT ROAD R.O.W. AND TIIb; EASI' LINE OF SECTION 19, 1 ll'iVCE 771E S.K. CORNER Ole SAID SIX71ON 19, 11EARS SO 0"10'58"{V A DISTANCE Ole 108,46 irEux, _ TIMM ALONG THE IiASfERLY LINE OF SAID ROAD, 'TIIE FOLLOWING BEARINGS AND DISrANCES; 1`118"17' W, A UISPANCE OF 290.IIs Flari., 111MCF. ALONG A CURVE'II)TIM, RIMIT 1VI7'll A RADII)S OF290.5 I+10:T AND A CENTRAL ANGLE OF 30"42'39", AN ARC LENGTH OF 155.67 lelia; l', THENCE N12°25'30"E A D1SrANCE Ole 70.00 FEET, '1 HKNC6: ALON(iA CURvie 7'O'rllE LEl"I' 11'I'I'll A RADItfS OF 892.36 mar AND A CENTRAL ANCI,IL 0178"06', AN ARC LENG111 Ole 126.15 FEb; r. 'Pill{NCR N4"19'30"11*, A UI.VrANCK OF 169A4 Pliha', THENCE LEAVING SAID ROAD ILO• V-, S89"191; A UISPANCE OF 55.42 MIMI,, ,rilENC13 ALONG THE EAST LINE. Ole SAID SECTION 19, S00110158" A DISI'ANCE OF 791.54 Flilff TO TIIE POINT OF BEGINNING. 2. Two triangular pieces of land; hunting lwenny-five (25) acres more or less which pie lelwcen 'Ile westerly Innnalafles of piansing areas 23a and 231, of lie Maryvale I'm mud Ilse cast right -or -way pine of file Denver, Rio Granule RR. '[lie Maryvale, I:LC purclaso:J Clem: twit, Imcls of land tlxlufole noNh ago• 'flie ltvu (2) triangular land pieces of land cich containing approximately (lite half of the total land area. (These parcels Will lie called lie Wmcr Ihard'friangles.) A copy of file deed by which the Maryvale, LLC acquired owocrship is Mitchell. 'ILc deed includes an area nap showing [he parcels ill question. As was the signalling with ate'rubing Hill Road, these parcels arc lordewd by fie *'own of I:rascr on tie east sort nosh via port uses of lie existing Maryvale PDD. 'Ile area w ll'c worst is lelieved Ill Ile unilrcorporaled Gould County. 'the mast southerly boundary of the s alherly triangle abuts real properly which its included in lite *[*own of Winter park as fit lite King's Crossing Star Condo project. For your reference. Use legal descripfion for lite two tracts of [anal are; 11tuse lorlldn5 fir land lying uoiheaslerly or thuight-o�;tray for Qrc Ucnver & RID Grande Wesfen, Railroad (named by Smdherri'l 1r1c Lines) In the Southwest quarter of lite Norlheasl quarter (SIV114NE114) and Ill the NorlhvnM quarter of lite Southeast gluWler (NIAMSF.U4) of Section 29, 'Township I Solllh, Range 75 We.s4 or Pile (dh 1'.M. ieweNr tract conveyed 10. Lclah Rl. Venable and Henry J. King described as follows: Cmmneuchrg at the Sir earner of the NEWSE114 and running thence Norl Iterly along the F,asl line of said subdivision for 315 feet; thcltce lVnslerly parallel to the South line of said stdj(livls(0n for 116.8 feel; Ihence South 2"20' Esl for 145.3 feet; thence Somlh 51'40' West for 97.5 feel in lite Bust right of Way line of the Denver and Ilia Grande Weslenl Railroad; thence Southeasterly Basin 8" curve for 142 feel more or less to the South ill, of said NF.114SE114 unit thence F.asierly along said Srnd11 line of said Subdivision for 1.54.7 feel to (he Iptiol of bvgioning. '11le above describer( parcels are sltuWa ol, Denver Water drawing CAI) 958053. (2) Rli: Water Ihnmd Triangles—'rhese areas are virtually land -locked islands which are not accessible, except through portions of lite existing Nlaryvalc owlu:rship. '1'Iefr ullitnadc use, especially as In all access plan, should be considered in Conjunction with lire adjacent litaryvale properties. (h) 'llle Pefdtioner asscr[s that all relevant requirements of CRS§31-12-104 and 105 have been ntcl maUor exist, including specifically that more than one -sixth of Idle perinicler of the areas for which amexulion is rcquesled me contiguous tut file Town if Fraser and the: proposed annexation is not dividing lite ownership of properties n) cleat, ally new *lots* in divisions of real pnipeuy. We are allaching 4 cupics of she proposed nmtexnsinn maps for ci:b of lie parcels dpscribcd alovc. let 'Ile pelitioer signing this algrlicatiun or pc:ihion owns more limn filly (50%) percent of lite real property Involved in the pelgiun, exclusive of streets and alleys. In Pact, Maryvale. LLC owns all of lite reap property In question. I. Altacited for your referetee is a copy of the Treasurers Deed pursuant 10 which we acquired ownership of [Ile 'falling Hill Road parcel. We have ordered a title insurance conunillucut as Io this parcel which will verify that file deed allached did convey ownership of this parcel to tilepetiliurmr. The conuuineld will le durwanded to you as sown as we have received it front Grant County Title. 2. Attached for your reference is title insurance policy for the Iwo triangle parcels. (J) The pelilimter does reepuen glass Ilia Town of fuser as tie annexing municipality approve lie annexation of Ile arras as proposed. (e) 'Ibis pclitian is signed by life icicvant landowner. (D •Ilia legal adJless of lite landowner is shown nn the leticl heat) of Ibis petition and Is repealed lenealh Oe signature line at the end of the ducuntent. (g) All land Involved in [his Petition wined by use Maryville, LLC - copies or deeds have teen attached as well as tide insurance information. (11) 'Ile dale $his petition is signed is lie dale_ at the head of [he document. It is also repeated adjacent to lie signature. (i) Ile siglalurc ol, this Mi0ms was submined in the presence of a notary who a(frrnad it as a proper affidavit signature as of [he dale shown. "Viy PROOF OF ,J PUBLISHER'S AI FIDAYIT W1NTElt PARK, COLORADO STATE Or COLORADO COUNTY Or. G1tANU 1, PaulckDCOWcr, du solcillily swear that 1 :till the pub• lisher of the Winter Park M:ulifest, that the same i:: a weekly newspaper primed ill Whole or Ill pan, and pub- lishcd in die County of Gratid, State of Culuradu, :old h:.� a general circulation lhcrcin; that said newspaper Ilas been publisllcd continuously and ulintcrruptedly ill said County of Grand for a period of more than fifty-tWu coil- scculin weeks next prior io the first publication of 111c anncxcd le al notice or advertisement, that said ucw;pa- perhas bccli admilicd to ute United Slates mail :4 secund class snail matter updcr file provisiuns of the act of 11•larch 3, 1879, or any alimidincas ►Ilcieuf, and ulat said paper is a weekly newspaper duly qualified fur publishing legal noliccs and advcrlisellw1w; Within the lnc:ulinL of Ole laws of utc State of Culuradu. That the aincxed legal nuticc of advcrti;cmcnt W:ts Published in a regular and entire isuc of every number of said weekly newspaper for use period of consecutive insertions; iliat tttc first pu • •aliul of :aid ncwspapc[ dated . A.D. and dic last publication of said autlee was it, uic isue of said newspaper date) , A.U. 19 In wiuicss whcrcof I have hercultu set illy li:ntd this: day of, C:L�(jq. a , A.U. 19 -o� Subscribed -.old swum to befutc nlc,�x fi l,t�/ puUli� and for the County of Grand. Sw f4tulu f Jay of nu -lift pub Od slPJll �,T y bl � G%20hi 1� '� , t; 9 EXHIBIT H 11/15/95 CERTIFICATE OF MAILING I, t i ov O 09 In d /- A ) &- , the undersigned, being first duly sworn to certify and confirm that I have sent a copy of the public notice of the hearing to be held November 15, 1995 at 8:00 pm respecting the annexation and zoning of real property to the Town of Fraser by the Maryvale, LLC by U.S. mail, postage prepaid, certified with a return receipt requested to the following listing owners of real property: NAME MAILING ADDRESS PROPERTY OWNED Fraser Cemetery P.O. Box 427 Cemetery - Section 20 Fraser, CO 80442 T1S, R75W Tai Chuan Wu & P.O. Box 1417 Sheng Ling Loma Linda, CA 92354 Agricultural Piece Southern Pacific P.O. Box 5482 Lines Denver, CO 80217-5482 Railroad Mark & Susan 1909 Edenbridge Way Kings Crossing Solar Abkowitz Nashville, TN 37215 Condo -Unit 13-Bldg.3 Donald & Diane 11563 W. 67th Ave. Kings Crossing Solar Douglas Arvada, CO 80004 Condo -Unit 17-Bldg.2 Dierdre Gough 1278 Glenneyre #181 Kings Crossing Solar Laguna Beach, CA 92615 Condo -Unit 7-Bldg.5 Betsy Fowler 420 Park Lane Kings Crossing Solar Mankato, MN 56001 Condo -Unit 12-Bldg.3 Julie Mennenga 2661 Dudley Drive Kings Crossing Solar Rockford, IL 61109 Condo -Unit 11-Bldg.3 David & Jane 3617 Valley Oaks Dr. Kings Crossing Solar Schrody Clinton, IA 52732 Condo -Unit 20-Bldg.2 G. Jackson Jr. & 2400 Juniper Court Kings Crossing Solar Nancy Tankersley Golden, CO 80401 Condo -Unit 14-Bldg.1 Ruth Meyer 4025 Caddo Pkwy. Kings Crossing Solar Boulder, CO 80303 Condo -Unit 16-Bldg.1 Jack & Pamela 1411 Isabella Road Section 29 -T1S-R75W Berry Lafayette, CO 80026 [:_19 EXHIBIT 'I 11/15/95 David & Corrine 1000 Whigam Road Kings Crossing Solar Eberhardt Riverwoods, IL 60015 Condo -Unit 8 & 9 Bldg. 4 Donald & Susan 556 So. 15th Dr. Kings Crossing Solar Hamstra Brighton, CO 80601 Condo -Unit 19-Bldg.2 Thomas & Cecilia 1700 Oneida St. Kings Crossing Solar James Denver, CO 80220 Condo -Unit 2-Bldg. 7 Mrs. Juan Antonio Privoda Ajusco #3 NE Section 20-N of RR Perdomo Fortin Veracruz, Mexico 94470 Section 29 Stephen & Kathy 3617 Valley Oaks Dr. Kings Crossing Solar Roehm Clinton, IA 52732 Condo -Unit 20-Bldg.2 I. Benjamin III & 13133 Lamar Ave. Kings Crossing Solar Kathryn Watson Overland Park, KS 66209 Condo -Unit 6-Bldg.5 Theodore & William 486 So. Corona Section 29-T1S-R75W Hoover Denver, CO 80209 William Jr. & 7793 Emerald Peak Kings Crossing Solar Rochelle Foland Littleton, Co 80127 Condo -Unit 3-Bldg.6 Gave & Alan Ruff 556 So. 15th Dr. Kings Crossing Solar Brighton, CO 80601 Condo -Unit 19-Bldg.2 Johns -Fraser Ltd. 4850 Homestead Place W1/2 NW1/4 Lying So. (Frank Johns) Littleton, CO 80123 of RR C. Lee Remel & 1519 Genesee Vista Rd. Kings Crossing Solar Philip Konsella Golden, CO 80401 Condo -Unit 5-Bldg.6 Steven & Mary Jo Box 433 W 1/2 SE 1/4 SW1/4 Sumrall Winter Park, Co 80482 Sec. 20-T1S-R75W John & Minna Woods 310 Leyden St. Kings Crossing Solar Denver, CO 80220 Condo -Unit 15-Bldg.1 Thomas Vesey & 10262 W. 70th Drive Kings Crossing Solar Jennifer Combs Arvada, CO 80004 Condo -Unit 4-Bldg.6 Thomas St. John & 2923 Brendon Way Kings Crossing Solar Kenneth Finkle Waukesha, WI 53188 Condo -Unit 10-Bldg.3 Rod Rogers P.O. Box 219 Tubing Hill Fraser, CO 80442 Don Smith C/O Smith & Company 21 Kings Crossing Rd. Pine Tree Plaza, Suite 103 Winter Park, CO 80482 Louis Eccher C/O Smith & Company 21 Kings Crossing Rd. Pine Tree Plaza, Suite 103 Winter Park, CO 80482 NE Section 20-N of RR Section 29 NE Section 20-N of RR Section 29 A copy of the notification sent to the foregoing parties is attached hereto as Exhibit A. The foregoing list of parties who were mailed written notice of the annexation and zoning hearing constitutes all parties showing record ownership in real property within 200 feet of the lands being annexed or zoned or who are otherwise known to the applicant to claim an ownership interest therein. th Signed d sworn to ins cSV6 day of Ivhe-r 1995 by STATE OF COLORADO ) ss. COUNTY OF �� ) The,, foregoing instrument was sworn and acknowledged before me this.Ati-�' day of 1995, by _t ,AqTNESS, my hand and official seal. My commission .expires: Notary Public �• CERTIFICATE OF MAILING I, the Town Clerk of Fraser hereby cer* that I have sent a copy of u °c notice of the hearing to be held November 15, 1995 at 8:00 p.m. respecting the annexation and zoning of real property to the Town of Fraser by iviaryvale L LC by U.S.mad, postage prepaid, certified with a return reciept requested to the following listing of agencies: Board of County Commissioners Box 120 Hot Sulphur Springs, Co. 80451 Grand County Attorney Box 120 Hot Sulphur Springs Co. 80451 East Grand Schools Box 125 Granby Co. 80446 Colo. River Water Conservation District Box 1120 Glenwood Springs Co. 81602 Middle Park Water District Box 500 Granby Co. 80446 FVMRD Box 3348 Winter Park Co. 80482 East Grand Fire District Box 3030 Winter Park Co. 80482 Grand County Library District Box 1050 Granby Co. 80446 E11/1 BIT' J 5/95 3 a CERTIFICATE OF MAILING I further confirm that the petition for annexation and zoning were sent to the following list of agencies as required pursuant to Section 12-13 (9) of the Fraser Subdivision Regulations. The Colorado Land Use Commission Dept. of Local Affairs 1313 Sherman Street Denver Co. 80203 State Geologist Dept. of Natural Resources 1313 Sherman Street Room 715 Denver Co. 80203 The Colorado Dept. of Health 4300 Cherry Creek Drive South Denver Co. 80222-1530 Colorado Division of Wildlife 6060 Broadway Denver Co. 80216 Colo. Division of Water Resources State Engineer, Room 818 Denver Co. 80203 1Vrddle Park Sail Conservation Box 265 Kremmling Co. 80459 BOARD OF COMMISSIONERS R. L. °DICK" THOMPSON District I, Winter Park 80482 ROBERT F. "BOB" ANDERSON District II, Granby 80446 PAUL J. OHRI District III, Kremmling 80459 Mayor Pro Tem. Marianne Klancke Town of Fraser P.O. Box 120 Fraser, CO 80442 RE: Annexation Impact Report Dear Mayor Pro Tem. Klancke: COURT HOUSE, P.O. BOX 264, HOT SULPHUR SPRINGS, CO 80451 PHONE: 303/725-3376 303/725-3347 R. HOWARD MOODY County Manager ANTHONY J DICOLA County Attorney October 17, 1995 Due to the nature of the location and potential use of the three parcels being proposed for annexation, the Board of Commissioners hereby waives the requirement of the impact annexation report for the approximate 26 acres (3 parcels) of the Maryvale Limited Liability Company. However, the Board would like to be kept apprised of the annexation and development plans and phasing in order to insure that needed public services are provided. Sincerely, � 4:: ��� ��C: � 4 Paul J. Olui Chairman PJO:dlr Z EXHIBIT K 11/15/95 11110/19'35 I:e:bb yf0/2b551ti • I UWN Ur F KAStK • F'Aut bL TOWN OF FRASER f ,� " kebox of the Nation" " P.O. Box 120 / 153 Fraser Avenue Fraser, Colorado 80442 (970) 726.5491 FAX Line: (970) 726.5518 October 26, 1995 . Mayor C.B. Jensen Town of Fraser' 1.53 Fraser Avenue Fraser, CO. 80442. .Dear Mayor Jensen and Members of the Fraser Town hoard: This correspondence is in reference to a request for annexation from M.aryvale, LLC. ` lie Town has received an annexation petition and zoning request forthree parcels of real property totaling approximately 26 acres.: At the Fraser Planning Commission, dated October 25, 1995, the Commission considered the changes the requested annexation and zoning would make'to the Maryvale.Plamled'Development District Plan (PDDP). ,After careful review and consideration, the Commission made a unanimous decisions that the proposed amendments to the PDDP would constitute a minor elaang,e in the approved ' plan. The Commission has approved the following proposed amendments to the PDDP. 1. Planning Area 23A is enlarged by approximately 12 acres,.with.no corresponding request for an increase in the allowed housing units. on this parcel, which is currently zoned for 478 condominium units. 2, PlanningArea 23B is enlarged by approximately 13 acres, with no corresponding request for an increase in the allowed housing units on this parcel, which is currently zoned for 630 condominium units. 3. Pla'iwing Area 28 is enlarged by approximately 1.3 acres, and the Planning; Area is requested to be changed from a planned residential area to a mixed use.area. The Planning Commission approval for the minor changes to -.the Maryvale PDDP is contingent upon the following terms and conditions: 1. Absolutely no increase in allowed housing units for Planning Area 23A and 23B. 2, Depending upon the compatibility of the mixed use development on .Planning Area 28, open space bufferingmay or may not be required b 2 EXHIBIT L 11/15/ 55 i ,a: iu: 1JJ.J 1L. J.J 0!CJ!L0J010 IUVAY Ur rrm=.re rAUL Uj Page Two M'aryval.e .PDDP Amendment 3. Off site impacts may need to be addressed at a later date if and when future development occurs on Planning Area 28. 4. The proposed ampndinents and subsequent terns and conditions that have been approved by the Fraser Planning Commission are contingent upon successful annexation to, and.zoning within the Town of Fraser of the three parcels described in Maryvale's petition for annexation dated September 22, 1995. Respectfully submitted, Sue Buchheister Chairman Fraser Planning Commission cc, Chuck Reid Frraser Town Manager Rick Watrous Maryvale LLC. 1"111I�1"ly'�5 12:55 9707265516 1UWN Uf FKAStK F'HCat b4 TOWN OF ERASER "Icebox of the Nation" P.o. Box 12o / 153 Fraser Avenue Fraser, Colorado 80442 (970) 726-6491 FAX Line: (970) 726-5518 TO: Mayor Jensen and Members of the Fraser Town Board FROM: Planning Commission Chairman Sue Bucbbeister DATE: October 26, 1995 R 4': Maryvale LLC. Annexation Petition and ,Zoning Request. On September 24, 1995, the Town of Fraser received an annexation petition from Maryvale LLC. The petition was accompanied by a PDD zoning request for the approximate 26 acres of real property. After extensive review and consideration, Town staff has determined that the annexation request meets the intent and regulations set forth in C:RS 31.-12-104 and CRS 31-12-105. In addition, staff had determined that the r. tic t for the PDD zoning meets the intent and regulations set forth on the Fraser Town Code Planned Development District, Section 13-3-12. At the regularly scheduled Fraser Planning Commission on October 25, 1995, the Commission reviewed all relevant documentation with the Town staff. The Planning Commission has determined that all necessary paperwork for the proposed anmexation and zoning request has been accurately submitted. The Commission would like to recommend that the Fraser Town Board approve this annexation and zompg request, thereby adding approximately 26 acres of real property to the Town. of Fraser. TOWN OF FRASER ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE ANNEXATION OF TERRITORY TO THE TOWN OF FRASER, COLORADO; ZONING SUCH ANNEXED PROPERTY; AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF FRASER. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO: Section 1. Annexation. Subsection A. That the owners of one hundred percent (100%) of the hereinafter described property, exclusive of streets and alleys have filed with the Board of Trustees of the Town of Fraser, Colorado, a Petition for Annexation of said property to the Town of Fraser, Colorado. Subsection B. That the property to be annexed is described as follows, to wit: PARCEL 1 ALL OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO LYING NORTHEASTERLY OF THE DENVER AND RIO GRANDE WESTERN RAILROAD RIGHT OF WAY (CURRENTLY OWNED BY SOUTHERN PACIFIC LINES). SAID PARCEL CONTAINS AN AREA OF 13.23 ACRES, MORE OR LESS. PARCEL 2 ALL OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO LYING NORTHEASTERLY OF THE DENVER AND RIO GRANDE WESTERN RAILROAD RIGHT OF WAY (CURRENTLY OWNED BY SOUTHERN PACIFIC LINES) EXCEPT THAT TRACT CONVEYED TO LELAH M. VENABLE AND HENRY J. KING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND RUNNING THENCE NORTHERLY ALONG THE EAST LINE OF SAID SUBDIVISION FOR 315 FEET; THENCE WESTERLY PARALLEL TO THE SOUTH LINE OF SAID SUBDIVISION FOR H:\WP\FRASBRNMARYVALB\ANIIHX-OR.6TPD I EXHIBIT M 11/15/95 176 FEET; THENCE S0202010011E FOR 145.3 FEET; THENCE S51°4010011W FOR 97.5 FEET TO THE EAST RIGHT-OF-WAY LINE OF THE DENVER AND RIO GRANDE WESTERN RAILROAD; THENCE SOUTHEASTERLY ON A 08000100" CURVE FOR 142 FEET MORE OR LESS TO THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND THENCE EASTERLY ALONG SAID SOUTH LINE OF SAID SUBDIVISION FOR 154.7 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS AN AREA OF 12.17 ACRES, MORE OR LESS. PARCEL 3 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE OF A 60.00 FOOT ROAD RIGHT-OF-WAY AND THE EAST LINE OF SECTION 19, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 19, BEARS S00°00'55"W A DISTANCE OF 108.45 FEET; THENCE ALONG THE EASTERLY LINE OF SAID ROAD, THE FOLLOWING FIVE (5) COURSES: 1) N 18.27104 W, A DISTANCE OF 290.88 FEET; 2) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 290.50 FEET, A CENTRAL ANGLE OF 30*4213011, AND AN ARC LENGTH OF 155.67 FEET; 3) N 12015'27" E, A DISTANCE OF 70.00 FEET; 4) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 892.36 FEET, A CENTRAL ANGLE OF 800610011, AND AN ARC LENGTH OF 126.15 FEET; 5) N 04009127" E A DISTANCE OF 169.84 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, S 89-29103" E A DISTANCE OF 55.42 FEET TO SAID EAST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE S 00000155" W ALONG SAID EAST LINE, A DISTANCE OF 791.60 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS AN AREA OF 54,728 SQUARE FEET (1.256 ACRES) MORE OR LESS. Subsection C. That the said property is eligible for annexation as provided in "The Municipal Annexation Act of 1965". - 2 - Subsection D. That the Annexation Agreement approved by ordinance No. 153, as amended by the Supplement and Amendment to Annexation Agreement approved by Ordinance No. , is hereby made a condition of this annexation and such property shall be subject the terms and provisions of said Agreement, as amended. Subsection E. That the hereinabove described property be and the same is hereby annexed to the Town of Fraser, Colorado, and the corporate limits of said Town are hereby extended to encompass said property. Section 2. ZoninQ. WHEREAS, the property described above is by this Ordinance annexed to the Town of Fraser, Colorado; AND WHEREAS, pursuant to Section 31-12-115, Colorado Revised Statutes, as amended, it is necessary to zone said property; AND WHEREAS, the owner of said property has submitted an application to zone said property "PD - Planned Development District" as provided in Section 13-3-12 of the Code of the Town of Fraser, entitled "Planned Development District (P.D.)11; AND WHEREAS, the owner of said property is also the owner of the adjoining property that was previously zoned as Planned Development District No. 1 (PDD #1), pursuant to Ordinance Nos. 154, 155, 156, 157, 158, and 159, and said owner has requested that the above described property be zoned in the same manner and be made subject to the same Planned Development Plan as said adjoining property; AND WHEREAS, the Fraser Planning Commission has reviewed said application and has recommended that said zoning request be approved and that the Planned Development Plan be amended to include said property hereby annexed to the Town; AND WHEREAS, a public hearing was held by the Board of Trustees of the Town of Fraser pursuant to Notice of said public hearing, properly published, as required by the Code of the Town of Fraser, Colorado, and Section 31-23-304, Colorado Revised Statutes, as amended; AND WHEREAS, the Board of Trustees hereby finds that the proposed zoning and the Planned Development Plan for said property is in substantial conformance with the Comprehensive Plan (also sometimes known as the Master Plan) of the Town of Fraser, as amended;. - 3 - AND WHEREAS, it appearing to the Board of Trustees that it would be in the best interests of the Town of Fraser to zone this property as in this Ordinance provided; and therefore, Subsection A. Pursuant to Sections 13-11-1 and 13-11-2 of the Code of the Town of Fraser, Colorado, the official zoning map of the Town of Fraser is hereby amended by zoning the following property "Planned Development District No. 1 (PDD #1)11, in accordance with the Plan documents previously approved pursuant to Ordinance Nos. 154, 155, 156, 157, 158, and 159 and the Supplement and Amendment to Annexation Agreement approved by ordinance No. 1. PARCEL 1 ALL OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO LYING NORTHEASTERLY OF THE DENVER AND RIO GRANDE WESTERN RAILROAD RIGHT OF WAY (CURRENTLY OWNED BY SOUTHERN PACIFIC LINES). SAID PARCEL CONTAINS AN AREA OF 13.23 ACRES, MORE OR LESS. PARCEL 2 ALL OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO LYING NORTHEASTERLY OF THE DENVER AND RIO GRANDE WESTERN RAILROAD RIGHT OF WAY (CURRENTLY OWNED BY SOUTHERN PACIFIC LINES) EXCEPT THAT TRACT CONVEYED TO LELAH M. VENABLE AND HENRY J. KING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND RUNNING THENCE NORTHERLY ALONG THE EAST LINE OF SAID SUBDIVISION FOR 315 FEET; THENCE WESTERLY PARALLEL TO THE SOUTH LINE OF SAID SUBDIVISION FOR 176 FEET; THENCE S0202010011E FOR 145.3 FEET; THENCE S5104010011W FOR 97.5 FEET TO THE EAST RIGHT-OF-WAY LINE OF THE DENVER AND RIO GRANDE WESTERN RAILROAD; THENCE SOUTHEASTERLY ON A 08*0010011 CURVE FOR 142 FEET MORE OR LESS TO THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND THENCE EASTERLY ALONG SAID SOUTH LINE OF SAID SUBDIVISION FOR 154.7 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS AN AREA OF 12.17 ACRES, MORE OR LESS. PARCEL 3 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE OF A 60.00 FOOT ROAD RIGHT-OF-WAY AND THE EAST LINE OF SECTION 19, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 19, BEARS S0000015511W A DISTANCE OF 108.45 FEET; THENCE ALONG THE EASTERLY LINE OF SAID ROAD, THE FOLLOWING FIVE (5) COURSES: 1) N 18.27104 W, A DISTANCE OF 290.88 FEET; 2) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 290.50 FEET, A CENTRAL ANGLE OF 30*4213011, AND AN ARC LENGTH OF 155.67 FEET; 3) N 12-15127" E, A DISTANCE OF 70.00 FEET; 4) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 892.36 FEET, A CENTRAL ANGLE OF 800610011, AND AN ARC LENGTH OF 126.15 FEET; 5) N 04*09127" E A DISTANCE OF 169.84 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, S 89-29103" E A DISTANCE OF 55.42 FEET TO SAID EAST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE S 00*00155" W ALONG SAID EAST LINE, A DISTANCE OF 791.60 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS AN AREA OF 54,728 SQUARE FEET (1.256 ACRES) MORE OR LESS. Subsection B. Said property hereby zoned "Planned Development District No. 1 (PDD #1)" shall be deemed to be added to the adjacent Planning Areas shown on the approved Planned Development Plan Map, dated October, 1986, with that part of said property described as Parcel 1 to be added to Planning Area 23a; that part of said property described as Parcel 2 to be added to Planning Area 23b; and that part of said property described as Parcel 3 to be added to Planning Area 28. There shall be no change in the allowable uses or the maximum number of dwelling units allowed for each to such Planning Area, as provided in the approved Plan. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES THIS day of 11 1995. - 5 - Votes in favor: Votes opposed: Votes abstained: ( S E A L ) BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Marianne Klancke, Mayor Pro-Tem ATTEST: Virginia winter, Town Clerk Published in the Winter Park Manifest on - 6 - 1995. I I N I I) I A TT r— r1 U I N t L_/—\ I I L_ V A9.0 J14 llzo J-1-4.4 Ar) i S 84 '03" It Z59=4 114,31 11-4.1 JJA R 89Z36' =4 =0 I I I I A TTF rN ]� LJ I N. L _/-\ I I I_ LJ A = 30 R L = 155.70" KI z 4 .. ! i i. EXISTING DIRT ROAD (TYP), 004'55„ 7 e vi �+ 4 i { SE CORNER SECTION 19 NOTES: 1) CONTIGUOUS PERIMETER: PERIMETER OF PARCEL 1,659.59' 1 /6 PERIMETER = 276.60' CONTIGUOUS PERIMETER = 541.06' 2) THE APPROXIMATE AREA OF THE ANNEXATION PROPERTY AS DESCRIBED HEREON IS 54,728 SQUARE FEET (1.256 ACRES), MORE OR LESS, INCLUDING THOSE PARTS BEING USED AS ROADS. 3) BASIS OF BEARING: THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19 IS ASSUMED TO BEAR N 00000'55" W. 4) THIS ANNEXATION PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE COMMITMENT. \moo IN II A—rTr_—r1 L. J-\ I I L_ LJ SURVEYOR'S CERTIFICATE: I, THOMAS D. STAAB, A PROFESSIONAL LAND SURVEYOR, REGISTERED IN THE STATE OF-COLORADO, DO CERTIFY THIS ANNEXATION MAP WAS PREPARED UNDER MY DIRECT SUPERVISION AND ACCURATELY DESCRIBES THAT LAND TO BE ANNEXED BY THE TOWN OF FRASER. I FURTHER CERTIFY THAT SAID LAND IS GREATER THAN 1 /6 CONTIGUOUS WITH THE PRESENT BOUNDARY OF THE TOWN OF FRASER, THIS DAY OF SEPTEMBER, 1995 THOMAS D. STAAB P.L.& 25965 FOR AND ON BEHALF OF P.R. FLETCHER & ASSOCIATES, INC. TOWN Ci= ERASER ANNEXATION PLAT OF A PART OF THE SE 1/4 OF SECTION 19, 1 TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE. 6TH PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO SHEET 1 OF 1 LEGEND SECTION CORNER AS NOTED SECTION LINE TOWN OF FRASER AREA TO BE ANNEXED GRAPHIC SCALE 200 0 100 200 400 W0 mmm I I ( IN FEET 1 inch = 200 ft. LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6th PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE OF A 60.00 FOOT ROAD RIGHT-OF-WAY AND THE EAST LINE OF SECTION 19, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 19, BEARS S00°00'55"W A DISTANCE OF 108.45 FEET; THENCE ALONG THE EASTERLY LINE OF SAID ROAD, THE FOLLOWING FIVE (5) COURSES: 1) N 18027'03" W, A DISTANCE OF 290.88 FEET; 2) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 290.50 FEET, A CENTRAL ANGLE OF 30042'30", AND AN ARC LENGTH OF 155.67 FEET; 3 N 12015'27" E, A DISTANCE OF 70.00 FEET; 4 ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 892.36 FEET, A CENTRAL ANGLE OF 8006'00", AND AN ARC LENGTH OF 126.15 FEET; 5) N 04009'27" E A DISTANCE OF 169.84 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, S 89029'03" E A DISTANCE OF 55.42 FEET TO SAID EAST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE S 00000'55" W ALONG SAID EAST LINE, A DISTANCE OF 791.60 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS AN AREA OF 54,728 SQUARE FEET (1.256 ACRES) MORE OR LESS. TARF-RN A ;H PARK 2 MILES RECORDER'S CERTIFICATE ACCEPTED FOR FILING IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF GRAND, COUNTY, COLORADO ON THIS DAY OF 19 AT O'CLOCK M. RECEPTION NO. GRAND COUNTY CLERK AND RECORDER BY: DEPUTY CLERK }'s`) SEP :1 5 1995 N MIA" m 17 7. F, x 7 X Ti _1'L_,._lN IS ANN T C i c- A I-" A D S. I_) 1 N I-,' H(l F A P E� NJ J_ E R L E S I N I- i_l S AA F _H A F E BE A _T JNE TH� NOR 1 E T' IFF� F I _10N 29 i" t'_'\SQ(JMED TO J_ N 0 t 4 29 WITHOUT BE r)r COMMII'MENT. 41 A N NE X/� T N' A J l,VA Fr' EPARF1' A r"VIS ME N; F. P, 11/4 14 XLJ z s 89OW55 T p A (7 T 40h , L-t-LAH M, VENABLE HENRY J, I,.ING 0411 SURVEYOR'S CERTIFICATE: RE CI TT-1 M A, S f), �-_iJ'AA R, A P R 0 F FS S 10 N AlL A N D (j R\/F'y OP , 1--TFRFE) !N THF STATE OF COLORADO, DO CEPTIFY THIS ANNEXATION MAP WAS PREPARED UNDER M`,( DIFTECT '�_)IUIPFRVI ION AN /\'�CLJRATE!_) L,,\N0 P\--, ELF ANNEXED BY THE TOWN OF FRASER. I FURTHER CERTIFY THAT SAID LAND IS TH E P R E,- E N T B -'U N`A R L_?,NN r, L;-\ i rL m THAN 1 1`6 (_l'0NT,['_'U I& TH u u JF FRASER., THIS DAY ('-)F NOVEMBER, 1995 R -0 N T 09 FOR AND ON BEHALF OF L '_­'IA"JE'_), INk__. fill, P. FLE ►1""HER ' & A':_)"1 LAtua����� OWN OF F AS R ANNEXATION PLAT OF A PART OF THE SE 1/4 OF SECTION 29 IrOWNSHIP 1 SOUTH RANGE 75 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO SHEET 1 OF 1 p �A p 111 C C A IJ ')o 200 400 a00 IN FEET i Inch — 200 ft LEGAL DESCRIPTIONS PARCEL I V, SITE x A i 7 Q) T I I \­`T (_'oAR [E'_ ()F QUARTER (.-)F THE l,,4(-,F\lTHEA�) ALL OF THE ­(_',lt._JTHWE WE",_1 C)f_ THE 'SIXT'll SECTION 29, TL)WNSHIP P A � 4 +.F_ /5 PRINCIPAL. MERIDIAN, f-l3tjNTY OF C COL CIR A[)(") LYINGR A N 'I) QJAT� OF N oR THE A'__')TERt_,t, OF THE r)ENVER AND FFR'10 (,_�'RANCHIE WE'TERN FAILR'�('�jA() RICH-,H-T 1-21" WAY (CURRENTLY OWNED BY `,K)IJTHPERN PA( IFK. LIINE,:� SAID PAP (_TLL. CONTAINS AN AREA OF I ArpE.-, ORE i)P I.- E, PARCEL 2 ALL OF THE NOR-THEAST ,..)UARTER OF THE S(jil.)THEA'_j QUARTER OF C c - - ) IXTH ,,E(7:T!(-)N ?�A. TC)WN'_HlP 1 72 k' _1 . - � , I , , 1 1 . I I i - 1 H, RAN(' ('�_ 71Vif-CT CiV THE PRINCIPAL MERIDIAN, C(_)UNTi' OF lrl?'RANI), _-)TATtE'_ (DF LYIINI'- Q T �ERI ',f' - , 4 i Nt�RTHEA�� OF THE DENVFP AND PIC, `__F-PN[)F WESTEPN RIGHT OF WAY' OWNED BY Si_ UT THE PACrIFIC LINES FfFT T j_'T � jr- �T;-�i`f­A_- "IXPA( N ��H E.NAPNI f�NP li_, t1_1L-, , KLNG- DESCRIBED AS FOLLOW'53: COMMENCING AT THE SOUTHEA17-J CORNER C)F THEE NORT-EA7-j OUART�L. 7F%l �T-r k-- N CT N�'RTHUR' A ON r,- C" T C% 114 1 f,t' L ,-F THE SOUTHEAS! liJ A R 1 L R' A U N Nli N I T, WE'"TFRI, THE E A'--') T L.IN E OF SAID D Sil) BDI F-OF 3 1 FEE. THENC� To T r- r -_ E T RI.PARALLEL HE SOLI LINE OF `�­)AID 'S"Jin"DI-01"ION F' THENCE S0'f_?')20'00"E FOR FEET; THENCE S,51"40'm"'w 9 7.5 FEET TO THE EAST RIGHT -OF -WA)' LINE OF THE DEN\/ER AND R¢i.1 GRANEfE WESTERN RAILROAD; THENCE SOUTHEACI.,IT ERL'Y ON A, 08000'00" C()RVE Fl,-l-P 142 FEET MORE OR LESS TO 'THE 'SOUTH LINE OF SAID NORTHEA'DT 00AR FER-, OF THE SOUTHEAST QUARTER AND 1-HENCE EASTERLY ALONG SAID SOUT, LINE OF SAID SUBDIVISION FOR 154,7 FEET TO THE POINT OF' BEC'INNING. - 19110will-TA _I`PFD tiN !,OtH1�A(�FF) L IFF)U_-_N L AN - Al PF_(lJJ)Til0'N NC DEPIJ 1"T k 7 SAID PARCEL CONTAINS AN AREA OF 12.17 ACRES, MORE OR LESS I I N I I) I A TT r— r1 U I N t L_/—\ I I L_ V A9.0 J14 llzo J-1-4.4 Ar) i S 84 '03" It Z59=4 114,31 11-4.1 JJA R 89Z36' =4 =0 I I I I A TTF rN ]� LJ I N. L _/-\ I I I_ LJ A = 30 R L = 155.70" KI z 4 .. ! i i. EXISTING DIRT ROAD (TYP), 004'55„ 7 e vi �+ 4 i { SE CORNER SECTION 19 NOTES: 1) CONTIGUOUS PERIMETER: PERIMETER OF PARCEL 1,659.59' 1 /6 PERIMETER = 276.60' CONTIGUOUS PERIMETER = 541.06' 2) THE APPROXIMATE AREA OF THE ANNEXATION PROPERTY AS DESCRIBED HEREON IS 54,728 SQUARE FEET (1.256 ACRES), MORE OR LESS, INCLUDING THOSE PARTS BEING USED AS ROADS. 3) BASIS OF BEARING: THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19 IS ASSUMED TO BEAR N 00000'55" W. 4) THIS ANNEXATION PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE COMMITMENT. \moo IN II A—rTr_—r1 L. J-\ I I L_ LJ SURVEYOR'S CERTIFICATE: I, THOMAS D. STAAB, A PROFESSIONAL LAND SURVEYOR, REGISTERED IN THE STATE OF-COLORADO, DO CERTIFY THIS ANNEXATION MAP WAS PREPARED UNDER MY DIRECT SUPERVISION AND ACCURATELY DESCRIBES THAT LAND TO BE ANNEXED BY THE TOWN OF FRASER. I FURTHER CERTIFY THAT SAID LAND IS GREATER THAN 1 /6 CONTIGUOUS WITH THE PRESENT BOUNDARY OF THE TOWN OF FRASER, THIS DAY OF SEPTEMBER, 1995 THOMAS D. STAAB P.L.& 25965 FOR AND ON BEHALF OF P.R. FLETCHER & ASSOCIATES, INC. TOWN Ci= ERASER ANNEXATION PLAT OF A PART OF THE SE 1/4 OF SECTION 19, 1 TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE. 6TH PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO SHEET 1 OF 1 LEGEND SECTION CORNER AS NOTED SECTION LINE TOWN OF FRASER AREA TO BE ANNEXED GRAPHIC SCALE 200 0 100 200 400 W0 mmm I I ( IN FEET 1 inch = 200 ft. LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6th PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE OF A 60.00 FOOT ROAD RIGHT-OF-WAY AND THE EAST LINE OF SECTION 19, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 19, BEARS S00°00'55"W A DISTANCE OF 108.45 FEET; THENCE ALONG THE EASTERLY LINE OF SAID ROAD, THE FOLLOWING FIVE (5) COURSES: 1) N 18027'03" W, A DISTANCE OF 290.88 FEET; 2) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 290.50 FEET, A CENTRAL ANGLE OF 30042'30", AND AN ARC LENGTH OF 155.67 FEET; 3 N 12015'27" E, A DISTANCE OF 70.00 FEET; 4 ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 892.36 FEET, A CENTRAL ANGLE OF 8006'00", AND AN ARC LENGTH OF 126.15 FEET; 5) N 04009'27" E A DISTANCE OF 169.84 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, S 89029'03" E A DISTANCE OF 55.42 FEET TO SAID EAST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE S 00000'55" W ALONG SAID EAST LINE, A DISTANCE OF 791.60 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS AN AREA OF 54,728 SQUARE FEET (1.256 ACRES) MORE OR LESS. TARF-RN A ;H PARK 2 MILES RECORDER'S CERTIFICATE ACCEPTED FOR FILING IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF GRAND, COUNTY, COLORADO ON THIS DAY OF 19 AT O'CLOCK M. RECEPTION NO. GRAND COUNTY CLERK AND RECORDER BY: DEPUTY CLERK }'s`) SEP :1 5 1995 N MIA" m 17 7. F, x 7 X Ti _1'L_,._lN IS ANN T C i c- A I-" A D S. I_) 1 N I-,' H(l F A P E� NJ J_ E R L E S I N I- i_l S AA F _H A F E BE A _T JNE TH� NOR 1 E T' IFF� F I _10N 29 i" t'_'\SQ(JMED TO J_ N 0 t 4 29 WITHOUT BE r)r COMMII'MENT. 41 A N NE X/� T N' A J l,VA Fr' EPARF1' A r"VIS ME N; F. P, 11/4 14 XLJ z s 89OW55 T p A (7 T 40h , L-t-LAH M, VENABLE HENRY J, I,.ING 0411 SURVEYOR'S CERTIFICATE: RE CI TT-1 M A, S f), �-_iJ'AA R, A P R 0 F FS S 10 N AlL A N D (j R\/F'y OP , 1--TFRFE) !N THF STATE OF COLORADO, DO CEPTIFY THIS ANNEXATION MAP WAS PREPARED UNDER M`,( DIFTECT '�_)IUIPFRVI ION AN /\'�CLJRATE!_) L,,\N0 P\--, ELF ANNEXED BY THE TOWN OF FRASER. I FURTHER CERTIFY THAT SAID LAND IS TH E P R E,- E N T B -'U N`A R L_?,NN r, L;-\ i rL m THAN 1 1`6 (_l'0NT,['_'U I& TH u u JF FRASER., THIS DAY ('-)F NOVEMBER, 1995 R -0 N T 09 FOR AND ON BEHALF OF L '_­'IA"JE'_), INk__. fill, P. FLE ►1""HER ' & A':_)"1 LAtua����� OWN OF F AS R ANNEXATION PLAT OF A PART OF THE SE 1/4 OF SECTION 29 IrOWNSHIP 1 SOUTH RANGE 75 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO SHEET 1 OF 1 p �A p 111 C C A IJ ')o 200 400 a00 IN FEET i Inch — 200 ft LEGAL DESCRIPTIONS PARCEL I V, SITE x A i 7 Q) T I I \­`T (_'oAR [E'_ ()F QUARTER (.-)F THE l,,4(-,F\lTHEA�) ALL OF THE ­(_',lt._JTHWE WE",_1 C)f_ THE 'SIXT'll SECTION 29, TL)WNSHIP P A � 4 +.F_ /5 PRINCIPAL. MERIDIAN, f-l3tjNTY OF C COL CIR A[)(") LYINGR A N 'I) QJAT� OF N oR THE A'__')TERt_,t, OF THE r)ENVER AND FFR'10 (,_�'RANCHIE WE'TERN FAILR'�('�jA() RICH-,H-T 1-21" WAY (CURRENTLY OWNED BY `,K)IJTHPERN PA( IFK. LIINE,:� SAID PAP (_TLL. CONTAINS AN AREA OF I ArpE.-, ORE i)P I.- E, PARCEL 2 ALL OF THE NOR-THEAST ,..)UARTER OF THE S(jil.)THEA'_j QUARTER OF C c - - ) IXTH ,,E(7:T!(-)N ?�A. TC)WN'_HlP 1 72 k' _1 . - � , I , , 1 1 . I I i - 1 H, RAN(' ('�_ 71Vif-CT CiV THE PRINCIPAL MERIDIAN, C(_)UNTi' OF lrl?'RANI), _-)TATtE'_ (DF LYIINI'- Q T �ERI ',f' - , 4 i Nt�RTHEA�� OF THE DENVFP AND PIC, `__F-PN[)F WESTEPN RIGHT OF WAY' OWNED BY Si_ UT THE PACrIFIC LINES FfFT T j_'T � jr- �T;-�i`f­A_- "IXPA( N ��H E.NAPNI f�NP li_, t1_1L-, , KLNG- DESCRIBED AS FOLLOW'53: COMMENCING AT THE SOUTHEA17-J CORNER C)F THEE NORT-EA7-j OUART�L. 7F%l �T-r k-- N CT N�'RTHUR' A ON r,- C" T C% 114 1 f,t' L ,-F THE SOUTHEAS! liJ A R 1 L R' A U N Nli N I T, WE'"TFRI, THE E A'--') T L.IN E OF SAID D Sil) BDI F-OF 3 1 FEE. THENC� To T r- r -_ E T RI.PARALLEL HE SOLI LINE OF `�­)AID 'S"Jin"DI-01"ION F' THENCE S0'f_?')20'00"E FOR FEET; THENCE S,51"40'm"'w 9 7.5 FEET TO THE EAST RIGHT -OF -WA)' LINE OF THE DEN\/ER AND R¢i.1 GRANEfE WESTERN RAILROAD; THENCE SOUTHEACI.,IT ERL'Y ON A, 08000'00" C()RVE Fl,-l-P 142 FEET MORE OR LESS TO 'THE 'SOUTH LINE OF SAID NORTHEA'DT 00AR FER-, OF THE SOUTHEAST QUARTER AND 1-HENCE EASTERLY ALONG SAID SOUT, LINE OF SAID SUBDIVISION FOR 154,7 FEET TO THE POINT OF' BEC'INNING. - 19110will-TA _I`PFD tiN !,OtH1�A(�FF) L IFF)U_-_N L AN - Al PF_(lJJ)Til0'N NC DEPIJ 1"T k 7 SAID PARCEL CONTAINS AN AREA OF 12.17 ACRES, MORE OR LESS