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".
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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;
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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.
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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.
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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.
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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!.._`
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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:
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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.
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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
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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
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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.
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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.
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•
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