HomeMy Public PortalAboutOrdinance #239
TOWN OF FRASER
ORDINANCE NO. c43'1
AN ORDINANCE PROVIDING FOR THE ANNEXATION OF TERRITORY TO THE
TOWN OF FRASER, COLORADO.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER,
COLORADO:
Section 1. Annexation.
Subsection A. That the Town has received a petition for the
annexation of the hereinafter described property signed by
persons comprising more than Fifty Percent (50%) of the
landowners in the area to be annexed and owning more than Fifty
Percent (50%) of such area, excluding public streets, alleys and
any land owned by the Town.
Subsection B. That the property to be annexed is described as
follows, to wit:
A PARCEL OF LAND IN SECTION 29, TOWNSHIP 1 SOUTH, RANGE 75
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE
OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER
OF THE NORTHEAST QUARTER OF SAID SECTION 29;
THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 29 AND THE WEST LINE OF
THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 29, S 00025'38" E, A DISTANCE OF 2647.10 FEET TO THE
NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 29;
THENCE ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 29, S 89058'38" W, A
DISTANCE OF 1316.17 FEET TO THE NORTHEAST CORNER OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION
29;
THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 29, N 89059'59" W, A
DISTANCE OF 1315.89 FEET TO THE NORTHWEST CORNER OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION
29;
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THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 29, S 00030'44' E, A
DISTANCE OF 1316.42 FEET TO THE SOUTHWEST CORNER OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION
29;
THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 29, S 89049'02" E, A
DISTANCE OF 1314.64 FEET TO THE SOUTHWEST CORNER OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION
29;
THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 29, S 89057'17" E, A
DISTANCE OF 1317.28 FEET TO THE SOUTHWEST CORNER OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION
29;
THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 29, S 89048'41" E, A
DISTANCE OF 1186.05 FEET TO A POINT 130.00 FEET DISTANT FROM
THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 29;
THENCE N 30026'46" E, A DISTANCE OF 670.50 FEET;
THENCE N 43029'33" E, A DISTANCE OF 604.08 FEET;
THENCE N 55048'57" E, A DISTANCE OF 120.00 FEET;
THENCE N 63010'34" E, A DISTANCE OF 109.25 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS
OF 100.00 FEET, A CENTRAL ANGLE OF 69012'32" AND AN ARC
LENGTH OF 120.79 FEET, THE CHORD OF WHICH BEARS S 82013'10"
E, A DISTANCE OF 113.58 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 916.78 FEET, A CENTRAL ANGLE OF 11054'25" AND AN ARC
LENGTH OF 190.52 FEET, THE CHORD OF WHICH BEARS S 53034'06"
E, A DISTANCE OF 190.18 FEET TO THE WESTERLY LINE OF A
PARCEL OF LAND DESCRIBED IN BOOK 308 AT PAGE 657 OF THE
RECORDS OF THE GRAND COUNTY CLERK AND RECORDER;
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THENCE ALONG SAID WESTERLY LINE, ALONG THE ARC OF A NON-
TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 140.70 FEET, A
CENTRAL ANGLE OF 44032'15" AND AN ARC LENGTH OF 109.37 FEET,
THE CHORD OF WHICH BEARS N 14014'16" E, A DISTANCE OF 106.64
FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF THE SOUTHERN
PACIFIC RAILROAD;
THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE, ALONG THE ARC
OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF
816.78 FEET, A CENTRAL ANGLE OF 21025'00" AND AN ARC LENGTH
OF 305.31 FEET, THE CHORD OF WHICH BEARS N 46028'18" W, A
DISTANCE OF 303.53 FEET;
THENCE N 54014'12" E, A DISTANCE OF 200.00 FEET TO THE
NORTHERLY RIGHT OF WAY LINE OF SAID RAILROAD;
THENCE THE FOLLOWING SEVEN (7) COURSES ALONG SAID NORTHERLY
RIGHT OF WAY LINE:
1) ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT
HAVING A RADIUS OF 616.78 FEET, A CENTRAL ANGLE OF
20022'38" AND AN ARC LENGTH OF 219.36 FEET, THE CHORD
OF WHICH BEARS N 25034'29" W, A DISTANCE OF 218.20
FEET;
2) ALONG THE ARCS OF A 100 FOOT INSIDE OFFSET TO A
SEARLES SPIRAL TO THE RIGHT HAVING A DEFLECTION OF
07030'00" AND A COMBINED ARC LENGTH OF 175.92 FEET,
THE CHORD OF WHICH BEARS N 10026'31" W, A DISTANCE OF
175.79 FEET, SAID SEARLES SPIRAL HAVING NINE ARC
SEGMENTS EACH WITH A CHORD LENGTH OF 21.00 FEET AND
AN INITIAL DEFLECTION OF 00010'00";
3) THENCE N 07053'10" W, A DISTANCE OF 102.74 FEET;
4) ALONG THE ARCS OF A 100 FOOT OUTSIDE OFFSET TO A
SEARLES SPIRAL TO THE LEFT HAVING A DEFLECTION OF
07030'00" AND A COMBINED ARC LENGTH OF 202.10 FEET,
THE CHORD OF WHICH BEARS N 10035'48" W, A DISTANCE OF
201.94 FEET, SAID SEARLES SPIRAL HAVING NINE ARC
SEGMENTS EACH WITH A CHORD LENGTH OF 21.00 FEET AND
AN INITIAL DEFLECTION OF 00010'00";
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5) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 816.78 FEET, A CENTRAL ANGLE OF 36053'00" AND AN
ARC LENGTH OF 525.79 FEET, THE CHORD OF WHICH BEARS N
33049'40" W, A DISTANCE OF 516.76 FEET;
6) ALONG THE ARCS OF A 100 FOOT OUTSIDE OFFSET TO A
SEARLES SPIRAL TO THE LEFT HAVING A DEFLECTION OF
07030'00" AND A COMBINED ARC LENGTH OF 202.10 FEET,
THE CHORD OF WHICH BEARS N 57003'32" W, A DISTANCE OF
201.94 FEET, SAID SEARLES SPIRAL HAVING NINE ARC
SEGMENTS EACH WITH A CHORD LENGTH OF 21.00 FEET AND
AN INITIAL DEFLECTION OF 00010'00";
7) N 59046'10" W, A DISTANCE OF 24.84 FEET TO THE NORTH
LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION 29;
THENCE ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 29, S 89050'34" W, A
DISTANCE OF 417.33 FEET TO THE NORTHWEST CORNER OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION
29;
THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 29, N 00031'13" W, A
DISTANCE OF 253.91 FEET TO THE NORTHERLY RIGHT OF WAY LINE
OF SAID RAILROAD;
THENCE THE FOLLOWING THREE (3) COURSES ALONG SAID RIGHT OF
WAY LINE:
1) ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT
HAVING A RADIUS OF 2764.93 FEET, A CENTRAL ANGLE OF
21054'43" AND AN ARC LENGTH OF 1057.41 FEET;
2) ALONG THE ARCS OF A 100 FOOT INSIDE OFFSET TO A
SEARLES SPIRAL TO THE RIGHT HAVING A DEFLECTION OF
02030'00" AND A COMBINED ARC LENGTH OF 235.64 FEET,
THE CHORD OF WHICH BEARS N 32029'48" W, A DISTANCE OF
235.62 FEET, SAID SEARLES SPIRAL HAVING FIVE ARC
SEGMENTS EACH WITH A CHORD LENGTH OF 48.00 FEET AND
AN INITIAL DEFLECTION OF 00010'00";
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3) N 31035'10" W, A DISTANCE OF 146.23 FEET TO THE NORTH
LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 29;
THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 29, N 89054'40" W, A
DISTANCE OF 382.42 FEET TO THE POINT OF BEGINNING;
CONTAINING AN AREA OF 9,775,661 SQUARE FEET (224.418 ACRES)
MORE OR LESS.
Subsection C. That the said property is eligible for annexation
as provided in "The Municipal Annexation Act of 1965".
Subsection D. That the Amended and Supplemented Annexation
Agreement for the Maryvale Property 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.
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.
READ, PASSED, ADOPTED AND ORDERED PUBL}SHED BY THE BOARD OF
TRUSTEES THIS :J...7 day of 91(..1..\/- , 1998.
Clerk
Votes in favor: ~
Votes opposed: ~
Votes abstained: 1L-
Published in the Winter Park Manifest on
, 1998.
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C:\Wp\FRASER\MARYVALE\Annex-l998-DWB\Ordinance-Ax,wpd
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of,
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PETITION FOR ANNEXATION TO THE TOWN OF FRASER, COLORADO
THE UNDERSIGNED, being "Landowners" as defined in C.R.S. ~ 31-12-103(6), hereby
Petition the Town of Fraser for annexation for the following described property and further state:
1. The legal description of the land which Landowners request to be annexed to the
municipality is attached hereto as Exhibits A-l*, A-2, A-3, hereinafter referred to as the
"Property" .
2. It is desirable and necessary that the Property be annexed to the Town of Fraser.
3. The following requirements of C.R.S. ~ 31-12-104 exist or have been met:
a. Not less than 1/16th of the perimeter of the Property is contiguous with the
Town of Fraser.
b, A community of interest exists between the Property and the Town of Fraser.
The Property is urban or will be urbanized in the near future; and the
Property is capable of being integrated into the Town of Fraser.
4, None of the limitations provided in C.R.S. ~ 31-12-105 are applicable and the
requirements of that statute have been met because of the following:
a. The annexation of the Property will not result in the Property being divided
into separate parts or parcels under identical ownership.
b, No land area within the Property held in identical ownership, whether
consisting of one tract or parcel of real estate or two or more contiguous
tracts or parcels of real estate comprising 20 acres or more and having a
valuation for assessment in excess of $200,000.00 for ad valorem tax
purposes has been included in the are of the Property to be annexed without
the written consent of the landowners thereof.
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c.
No annexation proceedings have been commenced for annexation of any part
of the Property by any other municipality.
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d. The entire width of all streets and alleys to be included within the area
annexed are included.
e. The annexation of the Property will not result in the detachment of area from
any school district or the attachment of same to another school district.
f. Annexation by the Town of Fraser of the Property will not have the effect of,
and will not result in, the denial of reasonable access to landowners, owners
of an easement, or owners of a franchise adjoining a platted street or alley,
inasmuch as annexation of the Property will not result in annexation of a
platted street or alley which is not bounded on both sides by the Town of
Fraser.
5. The annexation of the Property will not have the effect of extending a boundary of the Town
of Fraser more than tree miles in any direction from any point of the municipal boundary in the past
12 months.
6. The Landowners comprise the owners in fee of more than 50 percent (and we believe
constitutes IOO %) of the area of the Property, exclusive of public streets and alleys, and comprise
more than 50 percent of the landowners of the Property. The legal description of the land owned
by each signer of this petitions shown on Exhibit A.
7. The Landowners request that the Town of Fraser approve the annexation of the Property.
8. This Petition is accompanied by four (4) copies of an annexation boundary map in the form
required by C.R.S. ~ 3I-12-102(1)(d) and attached as Exhibit B-1 and B-2.
9. This instrument may be executed in one or more counterparts, all of which taken together
shall constitute the same document.
Address:
486 S. Corona
Denver, CO 80203
LANDOWNERS:
Vacant Land Described in Exhibit A-I
~ J '" ~ I
By: ?1t.0Cb~~~ .~~/{
Theodore L. Hoover
By:
William F. Hoover
STATE OF COLORADO )
) ss.
COUNTY OF )
Subscribed and sworn to before me this ~+L day of 711 ~~ ,~
~tJCk Jr~ .L. /lot) v' (Z. r .
, 1998, by
WITNESS my hand and official seal.
My .::onunission expires: ~;/~ /99
~/-J?7 y~v< A:-
Notary PUblic
.
LANDOWNER: Exhibit A-2 and A-3
MARYV ALE, LLC
By: ~:d&L l~
E. Rick Watrous, Manager
Mailing Address:
3333 S. Wadsworth Blvd., Suite 207
Lakewood, CO 80227
STATE OF COLORADO )
) ss.
COUNTY OF )
c--. Subscribed and sworn to before me this l~ day of ~ 1\ ~ j.
~;..~ lLP~'
WITNESS my hand and official seal.
My cOIDnussion expires: cx:4di:>/Jc:o(
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:Qenver Water BODLQ Property
A parcel of land situated in Sections 29,30,31,32, Township 1 South, Range 75 West of the
Sixth Principal Meridian, Grand County, Colorado mOTe particuhrrly described as follows:
BEGINNING at the northeast comer of said Section 32 also being a point on the cast
boundary line of Denver Water's property for the Vasljue'L..St l.ouis Diversion of the Moffat
Tunnel Collection System recorded in Book 120 at Page 432 and Book 126 at Page 555 in
the Clerk and Recorder's Office of Grand County;
thence Soulh 01026'34" East 1311.76 feet to the nortb sixteenth (N 1116th) comer of said
Section 32 and Section 33 on a south boundary line for Denver Water's said property; thence
along said south boundary line and the cast-west centerline of the northeast quarter of said
Section 32 North 89054'25" West 1312.91 feet to the' northeast sixteenth (NE 1I16tb) corner
of said Section 32;
thence continuing along said east-west cf,1ltcrHne North 89054125" West 401.58 feet to the
approximate centerline of Leland Creck;
thenee along the approximate centerline of Leland Creek the following weven COU1'Ses;
South 20uOT06" West 226.88 feet;
thence South 25022'56" West 432.01 feet;
thence South 70017'58" West 525,61 feet;
II
thence South 47049'46 West 390.04 feet;
thence South 69000'04" Wesl953.80 fect;
thence South 27044'49" We.'tt 424.85 feet;
thence South 00032'15" East 503.48 feet;
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thence South 04006'12 Wes1260,82 feet;
thence South 27057'15" Wes1390.36 feet;
thence South 49032'25" West 1167.38 feet; .
lhence South 39016"24" West 361.62 feet to the we!>t line oftbe southwest quarter of said
Section 32;
thence conti1ltling along said approximate centerline and said west line South 01027'35" East
38,01 feel to a SOtltb boundary line of Denver Water's said property amI the Southwet5t comer
of said Section 32;
thence along said south boundary line and the south line of the southeast quarter of said
Section 31 South 89009'28" West 2658.97 feet to the south quarter (8 JA) comer of said
Sectiun 31 and D. Denver Water property comer;
thence along Denver Water's west property bounuary line and north-south. centerline the
following two courses:
North 00055'33" West 2648.34 feet to the center quarter (C ~) comer of said Section 31;
thence North 00u56'49" West 1319.87 feet to the center-north sixteenth (C-N 11l6) comer of
said Set-tion 31 and a Denver Water property corner;
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thence continuing along the north-south centerline of said Section 31 North 00030'43" West
44H,49 feet~
thence North 43049'27" East 1216.33 feet to a point on the north Hne oflhe northeast qua.rter
of said Section 31;
thence along said north line North 89D37'47" East 450.42 feet h,'the east sixteenth (E 1I16th)
comer of said Section 30 and said Section 31;
thence along the north-south centerline of the southeast quarter of said Section 30 North
00(142'52" West 1317.99 feet 10 the southeast sixteenth (SE 11161b) comer ofsaid Section 30
and a Denver Waler property corner;
thence along Denver Water's northerly and easterly property boundary line the following 14
cnurses;
North 89041'52" F..a.o:;t 1305.13 feet to the south sixteenih (8 1/16) comer of said Section 30
and said Section 29;
Ihence along the east line of the southeast quarteT ofsflid Section 30 South 00030'44" East
1316.42 feet to the southeast t:orner sa.id Section 30;
thence South 89049'02" East 1314.64 feet to the we:;1 sixteenth ('iN 1/16) comer of said
Section 29 and said Section 32; .
thence South 89057'17" East 1317.28 feet to the north ~ (N 1/4) comer of said Section 32;
thence South 89048'41" East 11 R6.05 feet to a point at the interse(,,1ion of a northerly
boundary line for Denver Water's said property with tbc approximate centerline for Leland
Creek; -
thence along said approximate centerline the following two courses:
North 3(}OlO'40" East 671.00 feet;
tllcnce North 43050'24" Bast 604.08 feet; .
thence continuing along said northerly boundary line North 56050'24" East 120.00 feet;
tbence North 63012'01" East 109.25 teet;
thence along 1m arc of a curve to the right having a radi1.1s of 100.00 feet, a diSlance of120.79
-teet (the chord of which bears South 82011'41 fJ East 113.58 feet);
thence along an arc of a reverse curve to the left baving a radius of 916.78 feet, a distance of
190.52 feet (the ,chord of which bears South 53"32'40" East 190,18 feet);
thence along an arc of a non-tangent curve to the left having 8 radius of 140.70 feet, a
distance of 1 52.58 feet., tbe chord ofwbich bears South 39"04'35" East 145.21 met;
thence South 70008'36" F.a."lt J 41.1 0 feet to a po~ on the east line of the southeast quarter of
said Section 29;
thence along said east line South 00911'10" East 845.71' feet to the POINT OF BEGINNING,
Name and Address ufPtmln ('.resting
NllWly C/lilIred J.q;al Description
(g 38~3S.106.S,(;.R.S.)
DlmYt:f Wutt:r
1600' West 12th Avenue
Denver, Colorodo 80254
S9Q94.1
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Johns PropertY
A pan:cl ufland located in the west one half of Seclion 29, Township 1 South, Range 75 Wesl of
the Sixth Plincipal Meridian des(..ribcd as follows:
All that portion of the northwest one quarter (NW1I4) of Section 29, Township 1 South, Range
75 West of the Sixth Principal Meridian lyingsoulh and west of the southerly right of way line of
the Southern Pacific Railroad;
EXCEPT iliat portion of said northwest une quarter conveyed to the Fraser Cemetery
Association, n Colorado non-profit corporation by instrument recorded April 7, 1998, at
lteception No. 98003968; .
TOGETHER WITH the north one half of tbe sOllthwest one quarter (Nl/2S W 1/4) of said Section
29;
More particularly described by metes and bounds as follows:
BEGINNING at the northwest corner of Section 29, Township 1 South. Range 75 West of the
Sixth Principal Meridian;
Thence S OO~4139" E, along the west line of the northwest one quarter of said Section 29, a
distance of2634,72 feet to the west one qum1er comer of said Section 29;
Thence S 00"29'1611 E, along the west line of the north OIle half of the southwest one quarter of
said Section 29, a distance of 1315.29 feet to the :;outhwest corner of the north one half of the
southwest one quarter of said Section 29;
Thence S 89059'59" E, along the south line of the norln one half of the southwest one quarter of
said Section 29, a distance of 1315.89 feet to the SW 1/16 corner of said Section 29;
Thenc~ N 89058'38" E, along the south line of the north one half of the soutllWe.'it one quarter of
said Section 29, a distance of 13} 6.17 feet to the C.S In 6 corner ofsaid Section 29;
Thence N 00026'01 II W, along the north ~outb centerline of said Section 29, a distance of 2647.13
feet to the C-N IIJ6 comer of said Section 29 and a point on the ~outlJ~:rly right of way line of
the Southern Pacific Railroad;
Thence N OO~8IJ 5" W, along the southerly right of way. line of the SOl.lthem Pacific Railroad,
md along said north-south centerline.. a distance of 241. 71 feet to a point of non-tangent spiral
curval1lre;
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Thence along the suutherly right of way line of the Southern Par..-ific Railroad and the arc~ of a
100 foot lnRide offset to a Searles spiral to the left having fl comhined arc length of 97.85 feet,
the chord ofwhich beaTs N 35D43'11" W a distance of97.81 feet;
Thence along the southerly right of way line of the Suuthern Pacific Railroad and along n curve
to the left a distance of 867.53 feet. said curve having a radius of 616.78 feet, a delta angle of
80035'20", and a chord which bears N 79022'50" W a distance of797.76 feet;
Thence along the southerly right ofwny line ofthe Southern Pacific Railroad and along the arcs
of 0.1 00 foot inside offset to a Searles spiral to thelefl having a combined arc length of 175.92
feet, the chord ofwbich bears S 55022'51" W 8 dist/ll)ce of 175.79 feet;
Thence S 52049'30" W, along the southerly right of way line uftbe Southern Pacific Railroad, a
distance of 77.31 feet;
Thence along the southerly right of way line of the Southern Pacific Railroad and along the arcs
ofa 100 foot outside offset to a Searles spiral to the right having a combined arc length of 202.1 0
feet) the chord of which bears S 55032'08" W a distance of 201.94 feel;
Thence along the southerly rigbt of way line of the Southern Pacific Railroad and along a curve
to !.he right a distance of 1816.69 feet, said curve having a radius of 816.03 fee~ a delta angle of
127033']4". and a chord which bears N 55053'53" W a distunce of1464.l0 leet 10 it point of'oon-
tangency and the Moutheast comer of lhat parcel conveyed to the Fraser Cemetery Association, a
Colorado non-profit corporation by instnunent recorded April 7, 1998, at Reception No.
98003968;
Thence S 89047'13" W, alongtl1e south line of said parcel. Ii distance of 197.45 feet;
Thence N 00Q34'43" W, along me west Hne of said pllrcel. a diSlance of 274.97 feet to the north
line of Said Section 29; ,
Thence S 89044'12" W, along the.north line of said Section 29, a distance of 21.27 feet to the
POINT OF BEGINNING.
Containing 1 83,68 acres, more or less,
EXHI~.T
593)69.11
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EXCEPTING AND RESERVING TIffiREFROM the following property:
See Exhibit A-1 attached hereto and made a part hereof.
EXHIBIT
A
WEST MOUNTAIN PLANNING AREA 22W
SHEET 1 OF 3
LEGAL DESCRiPTION
. COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 29;
THENCE SOUTH 00.11'10" EAST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF iHE
SOUTHEAST QUARTER OF SAID SECTION 29, A DISTANCE OF 485.07 FEET TO A POINT ON
ll-IE SOUll-IEASTERL Y CORNER OF A TOWN OF WINTER PARK PARCEL AS RECORDED AT THE
GRAND COUNTY CLERK AND RECORDER'S OFFICE IN BOOK 308 PAGE 657, SAID POINT ALSO
BEING ON THE WEST LINE OF THE ALPINE TIMBERS SUBDIVISION AS RECORDED IN THE
GRAND COUNTY CLERK AND RECORDER'S OFFICE AT RECEPTION NUMBER 140404, SAID
POINT' ALSO BEING THE POINT OF BEGINNING:
THENCE SOUTH 0011'10" EAST CONTINUING ALONG SAID EAST LINE OF THE SOUll-IEAST
QUARTER OF ll-lE SOUTHEAST QUARTER OF SECTION 29. A DISTANCE OF 845.77 FEET TO
mE SOUTHEAST CORNER OF SAID SECTION 29;
THENCE SOUTH 01'26'34" EAST ALONG THE EAST LINE OF ll-IE NORTHEAST QUARTER OF
SAID NORll-IEAST QUARTER OF SECTION 32, A DISTANCE OF 1.311.76 FEET TO THE
SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION .32;
THENCE NORlli 89'54'25" WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 32, A DISTANCE OF 1312.91 FEET TO THE
SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID NORl1iEAST QUARTER OF
SECTION .32;
THENCE NORTH 89'54'25" WEST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SECTION .32, A DISTANCE OF 401.57 FEET;
THENCE NORTH 20'07'06" EAST, A DISTANCE OF 274.30 FEET;
THENCE NORTH 1718'39" WEST, A DISTANCE OF 157,29 FEET;
THENCE NORTH 03.36'42" EAST, A DISTANCE OF 437.81 FEET;
THENCE NORTH 06'02' 32" EAST, A DISTANCE OF 394.74 FEET;
THENCE NORTH 19'14'13" EAST, A DISTANCE OF 80.31 FEET;
THENCE SOUTH 89.48'41" EAST, A DISTANCE OF 92,15 FEET TO A POINT ON THE
CENTERUNE OF LELAND CREEK AS DEFINED BY THE BOARD OF WATER COMMISSIONERS IN
THE DOCUMENT RECORDED AT RECEPTION NUMBER 97002916 OF THE RECORDS OF THE
GRAND COUNTY CLERK AND RECORDER AND LAND SURVEY PLAT NUMBER LS 763
DEPOSITED IN THE OFFICE OF THE GRAND COUNTY SURVEYOR;
Exhibit A-I
Page I of 3 Pages
(I Carroll & Lange,
" I ~ Proltallllll\l !nQ\JIllm & \;aIId S\IMlyan
47 C Creel< WI!!'. SUlIl! 328
~ W1nte~"" Colorad. B0482-8345
.I (910) nll-3100
P:\23l35\EldtIl>lte\3093-8II0Y. SKttl , OF 3. PREPAAEO 05/11/0+. REV. 05/12/0+
ýÿ
WEST MOUNTAIN PLANNING AREA 22W
SHEET 2 OF 3
LEGAL DESCRIPTION (CONTINUED)
,TI-\ENCE ALONG SAID CENTERLINE OF LELAND CREEK THE FOllOWING SEVEN (7) COURSES:
1) iHENCE NORTH 30iO'40" EAST, A DISTANCE OF 671.00 FEET;
2) THENCE NORTH 43"50'24" EAST, A DISTANCE OF 604.08 FEET;
3) THENCE NORTH 51'11'35" EAST, A DISTANCE OF 55.49 FEET;
4) THENCE NORTH 44'39'10" EAST, A DISTANCE OF 63.95 FEET;
5) THENCE NORTH 32"40'38" EAST, A DISTANCE OF 61.16 FEET;
6) 1HENCE NORTH 53'30'56" EAST, A DISTANCE OF 82.14 FEET;
7) THENCE NORTH 34'27'50" EAST, A DISTANCE OF 73.50 FEET TO A POINT ON A CURVE;
THENCE ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF
10.53'46", A RADIUS OF 190,00 FEET, A CHORD BEARING OF SOUTH 45.04'21" EAST, AND
AN ARC LENGTH OF 36.13 FEET, TO A POINT OF COMPOUND CURVATURE;
THENCE ALONG A CURVE TO THE LEFT HAVING 'A CENTRAL ANGLE OF 18'15'50.', A RADIUS
OF 880.00 FEET, A CHORD BEARING OF SOUTH 48'45'23" EAST, ANO AN ARC LENGTH OF
280.51 FEET TO A POINT ON A CURVE, SAID POINT ALSO BEING ON THE SOUTHERLY UNE
OF SAID TOWN OF WINTER PARK PARCEL;
THENCE ALONG SAID TOWN OF WINTER PARK PARCEL THE FOLLOWING TWO (2) COURSES:
1) THENCE ALONG A NON- TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF
80.34'56", A RADIUS OF 140,70 FEET, A CHORD BEARING OF SOUTH 29"51'08" EAST, AND
AN ARC LENGTH OF 197.88 FEET;
2) THENCyE SOUTH 70'08'36" EAST, A DISTANCE OF 141.10 FEET TO iHE POINT OF
BEGINNING;
SAID PARCEL CONTAINS 75.60 ACRES MORE OR LESS.
Exhibit A-I
Page 2 of 3 Pages
ffi Carroll &. Lange 5 .
PJllleIlllonlll EnlI-& ltlllrl~S
"- ~ 47 Caap.., creek WilY. Sullll 32B
Wlnl8r f'llrk. Calomdo 804B2-3345
(970) 726-Bl00
1>: \l!J65\Eahllllle\:1093-IlHllY. IItIEET 2 OF 3. PREPARED 05/11/04, ((Ell, 05/12;0.
WEST MOUNTAIN PLANNING AREA 22W
I SHEET 3 OF 3\ R=190.00'
73,50' · . HE: COR S€ 1/1f- SC 1/4
A \ L=36.13' OF'SEe. 29
NW COR SW 1/4 ~ 1 SEe 29 N34"27'50"E &=10'53'46" USGl.O BRASS CAP
USGLO BRASS CAP 82,14-' \ ..' ~- -- .....,
N53'30'56"E~ \ CHB N45"0421 -- _ _ ',,-
... -.., '29 / ",' ",,-
"'-"---''2639-:- ", S89:59'1f"W ---.-/ / -,' -:-:;: .... ~ _RL!!!'28aBD.O'500" 2.28 . otw1=-O~ ---
N UNF SHALF F 1/4 sm. 29 ,/ .' . .. . ,/ COMMENCE~':'
61.1.~V ~ ~ If=tf!"15'50'' I""
60' COUNTY ~ N;2.:10;~~V TOWN OF ~~~~ 3"(
(OLD ICING ROAD, F7U /off, 0080 --:~ -_)-- WINTER PAR/( ---r.:::~-o' FOREST mAlL ROAD
ADOPTED JULY 1. 1jZ9 ~ (BK. 308 PG, 657) ',- (81<. 222 PG. 248)
R€CORDE:O JULY.1, 'f29) .~. 63 9S' ,,~
t)'b ~;y " .. "',:"-.. 141.10'
CENTf:RUNE OF LnAND CRa/< _Ix' ~~ N4+"39 10 E . ... 570...8......E
..,. AS OEF1NED 8Y ;t) ~I;J ~....., :'\ "\ 'u JU
BOARD OF WAlCR COMMISSIONERS ~ 55.49 , ~
AT REC. NO. 97oo2918 AND ~ N51,,'3S"E P6~~ OF
lAND SURVCY PL4 T Ot:POSITED IN THE"
'JFFlCE: OF 7I-/E GRANO COUNTY SUR R-140.70' f.I gJ3E ~ING
AT DEPOSIT NO. LS 7U L-197.8S' ~ u \ \
b=80"34'56" ~ ij \l ~ \!
CHB=S29.51'OS.E g i ~~ i \
VI m-W I 1
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29
29
'57.29'
N17'8'39-W
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- - SUi'll!: 5E 1/4 5E 1/4-sm29 -
SlY COR 5E 1 ~. sc 1 .,. SE COR ~CTl 29
BRASS CAP DmvrR IVA lCR USGLO BRASS CAP
29 28
32
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UNIIARKrP
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1312,91'
NB9'54'25.W
S7iNE N€ 'i74'Ne 1 4 SE:c.
ELK RUN OF WINTER PARK
SUBDIVISION FILING J
(REG, NO, 97011560)
5E CORNf:R HE 1/4 HE
1/4 see J2
ALUM CAP
i'l.S 11415
SCALE: 1" c 400'
-
MQJE.;
. Denotes Change of Direction Only. This exhibit
does not represent Q monumented survey. It
is intended only to depict the attached legal
descrl tion.
Exhibit A-I
Page 3 of 3 Pages
~
Carroll & Lange ~
l'foleoalolllll E"lI_ l\ lBnd SU/VlI1D1ll
~~:~i:;':'~t'~41jf?~Ng45
(970) 72&..8100
M
5
1bI1$\3lIll3-SNDY. SHEET ;) OF' 3, PREPARED 05 n 4, IW#.
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Town of i
FRASER
Grand County, Colorado
~FICIA L ZONING M).
Revised January, 1998
.....;,
LEGEND
R-1 Single Family Residential M-1 Low Density Mobile Home
R-2 Medium Density Residential ;C:~.~~')~';~~ M-2 High Density Mobile Home
:i/f~~~:i'~~~~~;'~ R-3 High Density Residential B Business
R-4 Low Density Residential ';.. :...;" PO Planned Development District
.., ,.
................
................ A Accomodatlon
................
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Platted but Unconstructed Roads ........-..-..... 0 500 1000 1500 2000
....--.....---
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p.R. FLE'l'CllER
ac .ssOClA'fEs. INC.
Suf"Oy1n9 . eon.uucU'" AdmlnbltrOtlon
,lh ChorrY street. SuR. 31Q
(303) 756-400& ."'" (>0>)..........
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3} aIoSIS Ol' 8EflI!Il:!G: '\tit EAST UllE or '\tit ~
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ANNEXA T\ON MAP
oF A pA.f(f oF sec-noN 29.
TOWNSH'P 1 SO'JTI"". ~ 75 wEST
oF 1l-\E 6TH PRINCIPAl- M~
cc>lJNT'f OF GRAND. aT ATE oF CO\-()RAOO
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2135 South ChosTY s~ 501\.310
--~~,_._---,-~.;.~- ---------.---------..--
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ANNEXA T\ON MAP
oF A pART oF sec-noN 29.
jOWNSH'P 1 SOlJTl"'. RANGE 75 WEST
oF "THE 6TH PfINCIPAI- MeRlDIAN.
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PROPER-TV QESCR\P1IoN foR oWNERSHIP 'TRACT 2A
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IE2113-018733 12/31/2003 11:11A ANEXAGRE SARA L ROSE
1 of 73 R 368.11 .D I,ll GRAND COUNTY CLERk
e
AMENDED AND STATED ANNEXATION AGREEMENT
FOR THE
l!"
'.
RENDEZVOUS PROPERTY
~
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between
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The TOWN OF FRASER, a municipal corporation of the State of Colorado ("Fraser"),
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and
RENDEZVOUS COLORADO, LLC, a Colorado limited liability company ("Developer")
dated June 4, 2003
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E2003-016733 12/30/2003 11:10A ANEXAGRE SARA L ROSE
2 of 73 R 366,00 D 0.00 GRAND COUNTY CLERK
TABLE OF CONTENTS
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ARTICLE 1.0 - REelT ALs.....................................................................................................- 1 .
ARTI CLE 2.0 - D EFINITI 0 NS.......,.,.....,.,..........,......,., ....... ,........ .........,.......,... ....,......., ......,..., 4
ARTICLE 3.0 - CONDITIONS PRECEDENT AND EFFECT OF AGREEMENT;
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EXCLUDED PROPERTIES; OTHER REGULATIONS .......................................... 10
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ARTICLE 4.0 - PERiWTTED USES; DENSITIES; DESIGN REQUIREMENTS............ 13
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ARTICLE 5.0 - WATER ............................................................................................................ 16
ARTICLE 6.0 - SEWE~.... II... .... II... 11.".,1 II.. 11.".".. I" .... .... ...... ... ....... ........... II ...... ..... ...... ...... ... 24
ARTICLE 7.0 - OTHER UTILITIES ....................................................................................... 2S
ARTICLE 8.0 - DRAINAGE ... ..... II ...... II ... ...... ...... .... .... ........ .......... ... ........ ....... .... II II ... ..... ......... 2S
ARTICLE 9.0 - STREETS AND ROADS ..........................................................................,..... 26
ARTICLE 10.0 - PUBLIC DEDICATIONS..,.....................,......,.............,...............................30
ARTICLE 11.0 - TRANSFER OF PLANNING AREA.......................................................... 34
ARTICLE 12.0 - SERVICES.... ....:....... .................,. ....... .......... ............. ........ ......... ....... ....... ..... 3 S
ARTICLE 13.0 - METROPOLITAN DISTRICTS AND FINANCING............................... 36
ARTICLE 14.0 - REMEDIES .............................................,....., ...............................,.... ,.,......., 37
ARTICLE 15.0 - VESTED RIGHTS ...............,..,.....,.........,....,........,...,................................,.. 38
ARTICLE 16.0 - DISCONNECTION ...............,...........,..,...,..............................,..................., 42
ARTICLE 17.0 - MISCELLANEOUS ....,...............................,................................................. 43
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E2003-016733 12/30/2003 11:10A ANEXAGRE SARA L ROSE
3 0' 73 R 366.00 D 0.00 GRAND COUNTY CLERK
AMENDED AND RESTATED ANNEXATION AGREEMENT
~
FOR THE RENDEZVOUS PROPERTY
June 4, 2003
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THIS AGREEMENT is made and entered into by and between the TOWN OF FRASER,
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a municipal corporation o~ the State of Colorado ("Fraser"), and Rendezvous Colorado, LLC, a
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Colorado limited liability company ("Developer").
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ARTICLE 1.0 - RECITALS
This Agreement is entered into on the basis of the following facts, understandings and
intentions of the parties:
I,} Fraser is a municipal corporation existing under the laws of the State of Colorado.
Developer is a limited liability company organized and exiting under the laws of the State of
Colorado.
1.2 Fraser and Regis-Maryvale, 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) in the real property records of the
office of the Clerk and Recorder of Grand County, Colorado (the "First Annexation
Agreement'').
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4 0' 73 R 366.00 D 0.00 GRAND COUNTY CLERK
1,3 Maryvale, LLC acquired ownership of the property described in the First
~
Annexation Agreement and was the successor to all rights and obligations of Regis-Maryvale,
Inc. under the First Anne"ation Agreement.
1.4 The First Anuexation Agreement was later supplemented and amended by the
Supplement and Amendment to Annexation Agreement dated November 15, 1995 and recorded
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on March 19, 1996 at Reception l!o, 96002291 in the real property records of the office of the
.....
Clerk and Recorder of Grand Comity, Colorado (the "Second Annexation Agreement''), whereby
certain additional property annexed tojraser was made subject to the terms of the First
Annexation Agreement, as amended.
1,5 The Second Annexation Agreement was later supplemented and amended by the
Amended and Supplemented Annexation Agreement for the Maryvale Property dated April 1 5,
1998 and recorded on-June 9, 1998 at Reception No. 98006150 in the real property records of the
office of the Clerk and Recorder of Grand County, Colorado (the "Third Annexation
, Agreement"), whereby certain property was excluded from said Third Annexation Agreement
and other property annexed to Fraser was made subject to the Third Annexation Agreement.
1.6 Developer has acquired ownership of the Property (further defined below)
described in the Third Annexation Agreement as the Maryvale Property and is the successor to
all rights and obligations of Maryvale, LLC under the First, Second and Third Annexation
Agreements,
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r
1.7 The Third Annexation Agreement included various provisions governing the use
and development of the Maryvale Property and constituted a part of the Preliminary
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IE2003-016733 12/30/2003 11:10A ANEXAGRE SARA L ROSE
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Development District Plan for the Maryvale Property which was approved pursuant to Ordinance
No. 241 of the Town Of:fraser (the "1998 Plan").
1.8 Developer has filed two separate Petitions for Annexation for the properties
described in Exhibits A-4 and A-S, respectively, attached hereto and incorporated by reference
(the "Additional Properties"), and"has proposed that such Additional Properties be zoned as a
'!'
Planned Dev'elopment District upon ~nexation. Such Additional Properties, when combined
with the Maryvale Property consists oflpe property legally described in Exhibit A-6, attached
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hereto and incorporated by reference, Suc,!1 combined property is referred to herein as the
..
"Rendezvous Property",
1.9 Developer has also filed an application with Fraser for approval of a revised
Planned Development District Plan (the "PDD Plan") for the entire Rendezvous Property
pursuant to Ordinance No~ 131, Series of 1985, also known as Section 13-3-12 of the Code of the
Town of Fraser (the "PDD Ordinance"). If approved, such revised PDD Plan would allow
Developer to develop on the Rendezvous Property a mixture of up to 3,327 residential units
(assuming central water and sewer service), 1,408 hotel/lodge units, 460,000 square feet of
commercial space, recreation facilities, and such support activities as illustrated in the PDD Plan.
Pursuant to the PDD Ordinance, Fraser has reviewed such revised PDD Plan as a substantial
modification of the 1998 Plan as it relates to the property included in the 1998 Plan and as an
original zoning application with respect to the extension of saiq revised PDD Plan to the
Additional Properties. While the revised PDD Plan constitutes a substantial modification to the
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;
1998 Plan as a whole, no changes are proposed that would substantially affect the portions of the
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~2003-016733 12/30/2003 11:10A ANEXAGRE SARA L ROSE
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Rendezvous Property which have been previously platted as East Mountain - Filings I and 2; and
f!i!-
accordingly, Fraser has not required Developer to obtain the approval of the owners oflots that
have been sold in those platted su~ivisions for the modifications included in the revised PDD
Plan.
1.10 The annexation and zonw.g of the Additional Properties and adoption of the
-
revised PDD Plan, if approved by Fraser, will be with the express understanding and intent that
~
such PDD Plan is preliminary in nature and ~e final approval of development of the Rendezvous
Property, or any portions thereof, is subject to~ompliance by Developer or its successors-in-
interest with Fraser's Subdivision Regulations, the requirements of the PDD Ordinance for Final
Planned Development Plan ("FPDP") approval, and other pertinent regulations of Fraser, unless
otherwise provided herein.
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 acknowledged by both Fraser and Developer, the parties agree as follows:
ARTICLE 2.0 - DEFINITIONS
2,1 As-used in this Agreement, unless specifically stated otherwise, the words and
. phrases used shall have the meaning as defined in the Zoning and PDD Ordinance and the Fraser
_ Subdivision Regulations. For the purpose of this Agreement the following words and phrases
- have the definitions provided for below:
}
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IE2003-016733 12/30/2003 11:10A ANEXAGRE SARA L ROSE
7 0' 73 R 366.00 D 0,00 GRAND COUNTY CLERK
ll.! Agreement. This Amended and Supplemented Annexation Agreement for
~
the Rendezvous Property,. as it may from time to time be amended as provided for herein,
2.1,2 Attainable Housing Units. Dwelling units or their equivalent intended to
be purchased and/or rented by Fraser valley residents that meet certain asset, income and
employment guidelines approved by the Fraser Board of Trustees.
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2.1.3 Augmentation Plan. ~ existing water augmentation plan approved in
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Case No. 98CW41 (formerly Case No. S-6CW258) in District Court, Water Division No.
5, intended to provide an adequate, legal dqrnestic water supply for the Rendezvous
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Property, and any separate water augmentation plan approved by the water court to
provide for golf course irrigation, as provided in Article 5.0 of this Agreement.
Developer shall have the right to obtain and demonstrate and convey to the Town
additional water supply plans sufficient to meet any demands allowed under the PDD
Plan which are in excess of the demands provided for under the Decree in said Case No.
98CW41, as described in Section 5.4 below.
2.1.4 Density. The Plan and Agreement references to density are to Parcel
Density as defined in the PDD Ordinance.
2.1.5 Developer. The term initially refers to Rendezvous Colorado, LLC, the
owner of record of the Rendezvous Property. It shall also be deemed to include any
person or entity who subsequently acquires a fee simple interest of record in any portion
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of the Rendezvous Property as a transferee, grantee, assignee or successor of Rendezvous
Colorado, LLC; except that the purchasers of subdivided residential units or commercial
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IE2003-016733 12/30/2003 11:10A ANEXAGRE SARA L ROSE
8 of 73 R 386,00 D 0.00 GRAND COUNTY CLERk
space in an approved FPDP or subdivision area shall not be deemed to be a Developer for
purposes of this Agreement mici ~e PDD Plan.
2,1,6 Drainasze Plan. The Conceptual Drainage Plan prepared by Carrol &
Lange, approved by the Town as part of the 2003 PDD Plan.
.
2.1,7 Final Planned Develo~meIit Plan or "FPDP". The completed application
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of a Final Development Plan as defined in tii~ POD Ordinance and as approved by the
Board of Trustees of Fraser.
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2.1.8 Height. The height of a building e'icluding chimney's ventilators, pipes,
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spires, or similar items, measured from the average finished grade of the primary four
comers of the structure.
2.1.9 ImDrovements Agreement An agreement required by the POO Ordinance
andlor the Fraser Subdivision Regulations to provide for the construction of necessary
public improvements, and including security arrangements to guarantee the completion of
such improvements.
2.1.10 LodlZe/Hotel Unit A dwelling intended to be used, rented, or hired out as
temporary or overnight accommodations,
2.1.11 Master Plan. A plan for guiding and controlling the physical development
of land use and circulation in the Town of Fraser and beyond to a limit of three miles, as
adopted pursuant to Part 2 of Article 23, Title 31, Colorado Revised Statutes, and any
amendment or extension of such a plan, The Master Plan is also known as the
f.Comprehensive Plan."
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E2003-016733 12/30/2003 11:10A ANEXAGRE SARA L RO:
9 of 73 R 366.00 D 0,00 GRAND COUNTY CLERK
2.1.12 Master Water Plan. The Master Water Plan is a conceptual plan prepared
on behalf of Fraser that identifies tht water infrastructure serving the entire Town of
Fraser, including the Rendezvous property, as updated and amended from time to time.
2,1.13 POD ADDlication. The Planned Development District (POD) Application,
dated October 2002, submitted by Developer iIi~.connection with the revised 2003 POD
Plan~
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2,1.14 Planned Development District or POD: As defined in the POD Ordinance,
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The POD for the Rendezvous property is designated as,,-the 2003 POD and includes the
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entire Rendezvous property.
2.1.15 2003 Planned Development District Plan or 2003 PDD Plan. As defined
in the PDD Ordinance. Such 2003 PDD Plan for the Rendezvous Property includes this
Agreement and such other graphic and ~tten documents designated by the Fraser Board
of Trustees at the time of annexation of the Additional Properties and approval of the
PDD Application, with such conditions as may be attached to such approvals. In case of
any conflict or inconsistency between the provisions of this Agreement and the provisions
of such other graphic and written documents approved as part of the 2003 POD Plan, the
provisions. of this Agreement shall control.
2.1.16 PDD Ordinance. Ordinance No. 131, Series of 1985, of the Town of
Fraser, also known as Section 13-3-12 of the Town Code, as now existing or hereafter
amendt:d.
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IE2003-016733 12/30/2003 11:10A ANEXAGRE SARA L ROSF.
10 of 73 R 386.00 D 0,00 GRAND COUNTY CLERK .
2,1,17 Planning Area, A statistical and/or geographical area considered as an
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increment of the Rendezvous Property, and as specifically identified on the 2003 PDD
Plan.
2,1.18 Rendezvous East Mountain. That p~ of the Rendezvous Property lying
East of U.S. Highway 40.
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2.1.19 Rendezvous West Mountain. That part of~e Rendezvous Property lying
'C"
West of U.S. Highway 40.
2.1.20 Residential Unit A residential unit is synonYDtOus with a dwelling unit as
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defined in the Subdivision Regulations as such definition may from time to time be
amended. All residential units shall contain at least five hundred (500) square feet of
floor area measured on the outside walls
2.1.21 Roadwav Plan. The Conceptual Roadway Plan prepared by Carroll &
Lange as approved by the Town as part of the 2003 PDD Plan
2.1.22 Sewer Plan. The Conceptual Sewer Plan prepared by Meurer and
Associates, Inc., dated October 2002, as submitted as part of the Developer's revised 2003
PDD Application.
2,1.23 Subdivision Regulations. Those regulations adopted by Fraser pursuant to
Part 2 of Article 23, Title 31, Colorado Revised Statutes, and now contained in Chapter
12 of the Town Code, as the same may be amended in the future,.
2.1.2~ Town Code. The Code of the Town of Fraser, Colorado, as adopted and
}
as amended from time to time by the Fraser Board of Trustees.
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IE2003-016733 12/30/2003 11:10A ANEXAGRE SARA L ROSf
11 of 73 R 366.00 D 0.00 GRAND COUNTY CLERk
2. t .25 Traffic Study. A "Traffic Impact Analysis", prepared by Felsburg, Holt &
~
Ullevig approved by the Town as part of the 2003 PDD Plan and as subsequently
amended.
2,1.26 Water Local Facilities. As used in Article 5.0 of this Agreement, the term
"Water Local Facilities" means the water facilities necessary to serve an individual
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Planning Area or portion there of which is the subject of a FPDP~r subdivision
~
application, including the water distribution lines, fire hydrants, vaJ.ves, fittings and other
facilities within the individual Planning Area or subdivision thereof. \yater Local
Facilities do not include individual service lines from a water main to a structure, which
facilities shall be owned and maintained by the owner of the property on which the
service line is located.
2.1.27 Water Refrlonal Facilities. As used in Article 5.0 of this Agreement, the
term "Water Regional Facilities" means the central potable water supply well pumps and
appurtenances, treatment facilities, transmission lines to storage and treatment, storage
facilities"and primary distribution lines and related PRVlbooster stations connecting the
Water Somce Facilities and the Water Local Facilities .
2.1.28 Water Source Facilities. As used in Article 5.0 of this Agreement, the
term "Water Source ~acilities" means the water rights, augmentation plans, the drilled
groundwater wells f~r the central potable water system, raw water reservoirs, distribution
system to convey water to and from such reservoirs, and other augmentation facilities
}
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12 of 73 R 366.00 D 0.00 GRAND COUNTY CLERK
I
required to provide a legal and physical ttable water supply for the Rendezvous
~
Property, including on-site individual wells.
2,1,29 Water Plan. The Concep~ Water Plan prepared_by Meurer and
Associates, Inc., that identifies the water linfrastnlcture serving th~ ~endezvous Property
approved by the Town as part of the 200~ PDD Plan.
~
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2.1.30 Water Ri2hts. The water rghts, ditch and ditch rights, re~rvoir and
....
reservoir rights described in Exhibit B a~hed hereto and incorporated hei'J:in by
I
reference.
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ARTICLE 3.0 - CONDITIONS PRECEDEr(r AND EFFECT OF AGREEMENT;
EXCLUDED PROPERTIES; OTHER REGfLATIONS
3.1 The parties agree that this Agree~ent is effective only-upon Developer obtaining
I
I
the written approval of this Agreement by all affected landowners and lienholders, by their
i
I
signatures on this Agreement as set forth belowl and upon the annexation of the Additional
I
Properties to Fraser and approval of a revised 2603 PDD Plan for the entire Rendezvous
Property. In the event the Fraser ordinances, orlany one of them, (i) adoptiIig this Agreement; (ii)
annexing the Additional Properties; or (iii) apPfving the revised 2003 PDD Plan for the
Rendezvous Property are not adopted by Fraser~ or are amended or repealed due to referendum,
I
judicial appeal or initiative, then either Fraser dr Developer may, at their option to be exercised
within thirty (30) days after such ac~on is finall declare this Agreement to be null and void, in
f .
which case the annexation of the Additional Prpperties shall be void and said Additional
I
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IE2003-016733 12/30/2003 11:10A ANEXAGRE SARA L ROSE
13 of 73 R 366.00 D 0.00 GRAND COUNTY CLERK
Properties shall be disconnected from the Town and the revised 2003 PDD Plan shall be void and
of no effect. In such event, the 1998 Plan shall remain valid and in effec1 ~th respect to the
remainder of the Rendezvous Property previously annexed to Fraser. This Agreement and such
ordinances and other actions taken pursuant hereto may likewise be cancelled and rescinded, at
-
Fraser's option, if Developer fails to obtain the signatures of all affected landownerS_and
"
lienholders h~reon not later than forty-five (45) days after adoption of the Ordinance approving
this Agreement.
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3.2 Subject to the provisions of Section 3.1, upon annexation of the Additional '
~
Properties and approval of the revised 2003 PDD Plan, the provisions of this Agreement shaft
supercede and replace all provisions of the First, Second and Third Annexation Agreements, in
their entiretY, and the provisions of the revised 2003 PDD Plan shall supercede and replace all
provisions of the 1998 Plan, as they relate to the Rendezvous Property.
3.3 This Agreement and the other provisions incorporated as a part of the approved
2003 PDD Plan are intended to prescribe a general plan for the use and development of the
Rendezvous Property. However, they are not intended to entirely supplant other Fraser
regulations as they relate to the Rendezvous Property. Except as expressly waived or modified
by the terms of this Agreement and the other provisions of the 2003 PDD Plan, the regulations
and requirements contained in the Fraser zoning regulations (Chapter 13 of the Town Code),
including any future amendments thereto, shall be applicable to the Rendezvous Property.
Further, Developer and its successors in interest shall be required to comply with all other
ordinances and regulations of Fraser. inCltding without limitation, subdivision regulations.
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IE2003-016733 12/30/2003 11:10A ANEXAGRE SARA L ROSE
14 of 73 R 366.00 D 0.00 GRAND COUNTY CLERK
building codes and air quality regulations, as they now exist or may be hereafter amended.
~
Whenever any action is required to be taken by Developer hereunder at the time of or in
conjunction with FPDP or subdivision review or approval, and the FPDP and subdivisi~n do not
occur concurrently, then the action shall be required at the time of the rust such process to occur
unless otherwise reasonably determined by Fraser. Notwithstanding the foregoing, for the '-
'"
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purposes of implementing the 2003 POD, the application of any Fraser ordinances and
....
regulations shall be subject to Article 15.0 hereof,
3.4 The properties described in Exhibits A-I through A-3, respectively (the "Excluded' ~
-
Properties''), were subject to the provisions of the First Annexation Agreement and the original
(1986) POD Plan provided therein but are not included in and shall not be deemed a part of the
revised 2003 PDD Plan for the Rendezvous Property. Until rezoned, such Excluded Properties
will remain subject to the First Annexation Agreement and the original POD Plan provided
therein, and the provisions of said Plan shall govern the use and permitted development, if any,
of said Excluded Properties. By separate agreements, the owners of said Excluded Properties
have agreed to such arrangements concerning the Excluded Properties and have further agreed
that the Rendezvous Property and the Excluded Properties shall be deemed entirely separate for
purposes of zoning and all other purposes under Fraser's ordinances and regulations. The
owner(s) of any of the Excluded Properties may' ap.ply to Fraser for a rezoning of such Property
without the approval or consent of the Developer of the Rendezvous Property or the owners of
the other Excluded Properties; and the Developer~of the Rendezvous Property may similarly
}
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E2003-016733 12/30/2003 11:10A ANEXAGRE SARA L ROSE
15 0' 73 R 366.00 D 0.00 GRAND COUNTY CLERk
apply for a rezoning or amendment of the 2003 PDD Plan for such Property without the approval
~
or consent of the owners of the Excluded Properties,
ARTICLE 4.0 - PERMITTED USES; DENSITIES; DESIGN REQUIREMENTS
4.1 The proposed land uses within each Planning Area are specified on the 2003 -
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POD. No different or additional uses shall be permitted, unless approved by Fraser in connection
-
with its review of the FPDP for a Planning Area. The maximum number of dwelling units and
commercial square footage and corresponding densities for each Planning Area are established
..
..
on the 2003 POD, subject to adjustment by density transfers as provided for in Section 4.2 below;
These limits do not relieve Developer of compliance with all other applicable regulations
4,2 It is anticipated that proposed land uses and densities within each planning Area
will change over the projected timeframe of the project. A density reserve will be utilized- to
account for densities not allocated to a receiving Planning Area at the time of the transfer
application. Densities may be transferred between Planning Areas up to 30% of the receiving
Planning Area with a transfer application if sufficient roadway capacity and water and sewer
capacity is available, and subject to amendment of the POD OrdiIiance. Density transfers
exceeding 30%, or a change of use, may occur with a major POD Plan amendment for the
affected Planning Area(s). Any density transfer to a Planning Area with an approved FPDP will
require an amendment to the FPDP under the provisions of the POD Ordinance. .
4.3 The 2003 POD has not been configured ~ased upon surveyed acreages for the
~
"
various Planning Areas. In the event the boundaries of a Planning Area are adjusted at the time
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E2003-018733 12/30/2003 11:10A ANEXAGRE SARA L ROSE
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of subdivision or FPDP, then the approved number of residential units or the approved
commercial square footage provided for in the 2003 PDD shall be the controlling factor and fh~
designated acreage or density will be adjusted from that constant.
4,4 Except as provided in Section 4,5 with respect to the golf course, development
within the 2003 PDD shall confonn with the development standards approved as part of the 2003
POD. However, more specific design information shall be required at the time of FPDP and/or
1!'
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subdivision review, in accordance with the applicable regulations. All proposed commercial
development, or mixed-use development which includes a commercial component, shall comply
with development review and permitting requirements applicable to .development in the "B -
Business District" zoning classification, as contained in the Fraser zoning regulations.
4,5 Design and operation of the golf course shall comply with the requirements of the
Audubo~ Signature Status Program - Bronze Level in effect at the time of submittal of the FPD~
application for the golf course. FPDP approval shall be conditioned upon appropriate financial
assurances, including appropriate contingency reserves, at Fraser's discretion, (a) to guarantee
restoration of the site in regards to drainage and stormwater tnAnagement, erosion control, and
any other affected public facilities should the. construction not be completed, or (b) to guarantee
that the golf course will be constructed in accordance with the approved design and construction
schedule. The golf course FPDP shall include provisions for ongoing water quality monitoring at
the golf course.
4.6 Open space shall be provided within the 2003 PDD in the amounts specified on
,.
the Development Standards Chart of the 2003 PPD. Except as otherwise provided in Article 10.0
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IE2003-016733 12/3000/2D0:30~1G~::DACOUNTY CLERK
17 of 73 R 366, .
with respect to public dedications, there are no further public open space dedication
requirements. The Subdivision Regulations and the PDD Ordinance hereof, shall govern the
~
pennitted uses, manner of reservation or dedication, and the provisions for administration and
maintenance of open space, other than public dedications pursuant to Article 10,0. The
administration and maintenance of open space, other than public dedications pursuant to Article
10.0 hereof, shall be governed by the Subdivision Regulations and the PDD Ordinance,
4,7 Developer agrees that not less than 144 Attainable Housing Units will be provided
within the Town of Fraser, or equivalent provisions made as may be approved by Fraser. An
Attainable Housing Plan setting forth the proposed measures to implement the requirements of
this Section shall be prepared by Developer and submitted to Fraser on or before October 31,
2004 and shall be approved by Fraser, To the extent that the approved Attainable Housing Plan
includes Attainable Housing Units that are deed restricted with respect to sales prices, buyer
qualifications, or other matters, or that are subject to rent control provisions to ensure that the
Units meet the needs for attainable housing, such provisions shall be enforceable against the
Developer notwithstanding any statutory or case law restricting affordable housing exactions of
this type. A proportionate number of Attainable Housing Units shall be proVided by Developer
prior to, or concurrent with other residential and commercial development pursuant to the 2003
PDD, unless otherwise approved by Fraser.
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}
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ARTICLE 5.0 - WATER
2.J. It is the policy of Fraser to require a developer proposing new development within
~
the Town to dedicate an amount of water and make adequate provisions for its own water supply
and to pay all costs of providing such supply, It is also Fraser's policy to assure that any new
water facilities are based upon the Master Water Plan and are appropriately integrated with
Fraser's existing water supply system, to avoid unnecessary duplication of services and to
prov~de an efficient means of delivering potable water service to citizens of Fraser. The
provisions of this Article 5.0 conform to these policies.
5,2 Developer's proposed water supply plan for the Rendezvous Property includes
two components: I) A potable water system or systems to serve the potable water needs of the
residential, commercial and other authorized facilities (the "Domestic Component"); and 2) a
separate raw water system for purposes of providing open space irrigation, supplemental
irrigation and golf course irrigation (the "Raw Water Component''). .
5.3 Prior to approval of an FPDP or subdivision application Developer shall submit
design drawings and text documents based upon the Master Water Plan for any Water Source
Facilities required to serve the subdivision, to the extent such has not been submitted to Fraser in
conjunction with any previous land use application. Developer shall be solely responsible for all
Water Source Facilities required to supply Water to the Rendezvous Property ~der the decree in
Case No. 98CW41 (formerly Case No. 86CW258) in District Court, Water Division No.5,
which Fraser accepted as being reasonably adequate to serve the potable wate! requirements and
which are deemed adequate proof of the availability of a legal water supply ~ to the demands
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described in said plans for augmentation. Prior to approval of any FPDP or subdivision
application for any Planning Area or any portion thereof not encompassed by the 1998 Plan,
Developer shall submit proof acceptable to Fraser that either (i) the Augmentation Plan is
sufficient to service such Planning Area without amendment, or (ii) an amendment to the
Augmentation Plan or other water court approval reasonably adequate to service such Planning
Area has been obtained with no preconditions to its effectiveness or with assurances as may be
reasonably required by Fraser for the satisfaction of all preconditions. Developer qtay construct
the Water Source Facilities or portions thereof prior to submittal of any FPDP or subdivision
..
.
application, provided Developer submits the necessary drawings, documents and data described
in Article 5 herein. Acceptance by Fraser of the facilities and ongoing operations and
maintenance responsibilities shall be ac~omplished at the time ofFPDP or subdivision approval
pursuant to the Subdivision Regulations. If Developer utilizes any wells, exempt under the
provisions of C.R.S. 37-92-602, or the Individual Well Component of the water supply plan
decreed in Case No. 98CW41, as such may be hereafter amended or modified, any recorded
subdivision plat for such planning areas utilizing on-site wells shall include notations that Fraser
is not responsible for supplying water to the properties within the subdivision area, that each
property owner is solely responsible for obtaining his or her own water supply for the on-site
well serving the property, and that each such property owner is required to comply with all
applicable provisions of any relevant augmentation plan and lor well permit.
5.4 Developer, or its predecessor, has conveyed to Fraser, free and clear of all liens
and encumbrances, all Water Rights and consumptive use credits under the decreleJ plan for
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augmentation in case and 98CW41, which were deemed adequate to serve the demands of the
Rendezvous Property for potable water supply as identified in the 1998 POD. Notwithstanding
such conveyance to Fraser, if any further amendments, modifications or additions of any plan for
augmentation or water supply decree are required to serve the Rendezvous Property, in the
reasonable discretion of either Developer or Fraser, Developer shall have the right and
~
-
responsibility, and shall bear all costs of, obtaining such actions. In the event legal problems
~
arise out of Developer's drilling of water supply wells pursuant to the approved Augmentation
Plan prior to the expiration of the retained jurisdiction period provided in the decree approving
~
such Augmentation Plan, it shall be Developer's obligation, if necessary, to further modify,
supplement, or amend the Augmentation Plan to alleviate such problems and pay all costs
associated therewith. In the event any physical problems arise out of Developer's drilling of such
water supply wells within one year from the conveyance of such wells to Fraser, it shall be
Developer's obligation to alleviate such problems and pay all costs" associated therewith. If any
additional water rights are required to adequately serve the potable water supply requirements for
the development contemplated by the 2003 PDD, Developer shall obtain such water rights and
convey them to Fraser in accordance with the requirements of Section 5.4 of the Third
Annexation Agreement. Based upon the policy stated in Section 5.1 of this agreement and if
permitted by the Augmentation Plan, Fraser may utilize the water under the Augmentatio~ Plan
to provide water service anywhere within the Rendezvous Property or other parts of the Town of
Fraser; provided, however, that, except as otherwise provided in this Agreement, Fraser ~ha11 be
f
responsible for operation of the Augmentation Plan and agrees that sufficient water will be made
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available under the Augmentation Plan, to serve development upon the Rendezvous property up
to the maximum densities provided in the Augmentation Plan or the PDD Plan, whichever is
less,
5.5 Prior to approval of an FPDP or subdivision application Developer shall submit
design drawings and text documents based upon the Master Water Plan for any Water Source
~
-
_ Facilities and Water Local Facilities, Developer shall be responsible for all Water Source
~_ Facilities and Water Local Facilities required to supply water to the Rendezvous Property under
-
the decree in Case No, 98CW41, Water Division No.5. Developer shall be required to design
c-
o;.
mid construct the Water Source Facilities and Water Local Facilities required to implement the
components of the water supply plan decreed in Case No. 98CW41, Water Division No.5. The
design and construction shall be in conformance with all applicable design guidelines and criteria
adopted by the Town, which shall be based upon applicable industry standards (and that may be
modified for Fraser's climatic condition), Such design drawings and documents shall be
submitted to the Town for review at 10%; 50% and 100% design completion stages. The Town
or its representative will respond in writing within thirty (30) days from receipt of the design
documents at each stage. Comments received from the Town within the comment period shall be
incorporated into, or addressed by, the design. Ifno comments are received within the time
period, the Town's consent and approval shall be deemed to be granted. The design drawings
shall be in sufficient detail to allow Fraser to reasonably verify the adequacy of the proposed
Water Source Facilities and Water Local Facilities to serve the proposed development,
-
;
conformance with the intent of the Water Plan and compliance with any water relevant court
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IE~;03-016733 12/30/2003 11:10A ANEXAGRE SARA L ROSf
of 73 R 366.00 D 0.00 GRAND COUNTY CLERk
decree. Developer has submitted and Fraser has accepted design drawings and documents
~
demonstrating that production capacity from Rendezvous Wells 1,2,3, and 4 based on a
sustained yield analysis, is not less than 344 gallons per minute (gpm), which the parties
_ recognize may serve East Mountain and portions of West Mountain. Amendments to an FPDP
\ may require additional production and distribution capacity. No subdivision shall be approved,
!'
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o~ approved with conditions, unless Fraser has determined by a professional engineer with
~
hydrologic expertise, that such water supply wells and system are capable both in quantity and
qualiq of providing a physical and legal water supply for the subdivision and fully meet all
-
requirements of the approved Augmentation Plan or other applicable water court decree.
5.6 Prior to approval of an FPDP or su~vision application Developer shall submit
design drawings and text documents based upon the Master Water Plan for any Water Regional
Facilities required to serve the subdivision, to the extent such has not been submitted to Fraser in
conjunction with any previous land use application. Upon submittal of either a FPDP or
subdivision application for any individual Planning Area, or any portion thereof to be served by
such Domestic Component, Fraser will determine in consultation with the Developer what Water
Regional Facilities are required and the estimated cost of such facilities. In making such
determination, Fraser will take into account not only the particular facilities required to serve the
individual Planning Area or subdivision area, but also the integration of those facilities with
existing and planned facilities contemplated under Fraser's Master Water Plan. As a condition of _
FPDP or subdivision approval, Developer may be required to prepay to Fraser sufficient plant
-
}
investment fees (or applicable system development fees as provided in Section 5,7) at the rate
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then in effect to fully cover all estimated costs of such Water Regional Facilities that are
6t!
reasonably required to service the FPDP or subdivision, including any contingency reserves. All
such prepayments shall be credited to the Developer by a "prepaid account" balance at the
ap.plicable plant investment fee rate in effect at the time payment is made. All prepaid plant
investment fees shall be accounted in a "prepaid tap account" by Fraser. Any taps in the prepaid
~
tap accQ.unt shall not expire, Fraser, or Developer with Fraser's consent, shall then proceed to
design arl4 construct facilities required to serve the FPDP or subdivision, If the actual costs of
-
constructing, such Water Regional Facilities (or Developer's share of such costs, ifapplicable)
~
exceed the water plant investment fees paid at the time of FPDP or subdivision approval,
Developer shall prepay additional water plant investment fees in such amount as is necessary to
cover the shortfall. Such additional fees shall be paid within 30 days after notice from Fraser of
the amount of the shortfall. In no event shall Developer be entitled to any refund or
reimbursement for any excess prepaid plant investment fees purchased pursuant to this section,
nor may any such prepaid plant investment fees be used or credited for water using units located
anywhere except within the Rendezvous Property. If the Developer constructs the Water
Regional Facilities, it shall be on the basis of designs approved by the Town under the procedure
described in Section 5.5 above. After providing Fraser sufficient documentation to certify
payment for the costs of construction, Developer shall receive corresponding water plant
investment fee credit, at the rate then in effect, to fully cover all costs of the construction of all
such Water Regional Facilities, which are reasonably required to service the FPDP or
subdivision. If any such Water Regional Facilities are designed or reasonably expected to serve
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}
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properties other than the Rendezvous Property (for example, by over-sizing distribution lines),
~
th~n Developer shall be required to prepay only a portion of the costs of such Facilities, in
proport~on to the projected water demand to be served for the Rendezvous Property in relation to
all propert}es to be served as reasonably determined by Fraser. If Developer designs and
,
constructs Water Regional Facilities that serve more than the Rendezvous Property, Fraser shall
~
coordinate a reiplbursement I recapture agreement for the additional costs created by property
other than that iJ~ntified in this agreement.
5,7
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FraSer will collect its usual water plant investment fees and water service fees for
~
residential and conuftercial water users connected to the Domestic Component of the system;
provided, however, if Fraser hereafter amends its Town Code to allocate its plant investment fee
between a system development fee and a water resource fee, or except as identified by separate
agre.ement, Developer or any other owner of property within the Rendezvous property shall only
be obligated to pay to Fraser the system development fee portion of the plant investment fee, in
recognition of the water rights conveyed to Fraser to serve the Rendezvous Property.
. 5,8 Irrigation of the golf course will be by means of a separate, raw water delivery
system, except that limited portions of the golf course may be served from the central potable
water system and water supply plan, if approved by Fraser in connection with its review of the
golf course FPDP. Prior to approval of the FPDP for the golf course, the Developer shall submit
proof acceptable to Fraser that the water rights and facilities to serve the golf course are
reasonably adequate, in both water quality and water quantity, It is understood that the water
supply for golf course irrigation may be less certain than the water supply for municipal and
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domestic uses. The design drawings and documents submitted with the FPDP application for the
golf ccffirse Planning Area shall include all Water Source Facilities and Water Local Facilities,
and additional facilities required for such irrigation system, and the Improvements Agreement to
be executed upon approval of such golf course FPDP shall provide that Developer shall be
responsible for co~truction of all such facilities. The approval of the golf course FPDP will not
. ~
include design appro~al of any private irrigation facilities except as it may relate to connection
with other public systefi;;, water rights, system metering as it relates to service fees, or Water
-
SourcelRegional Facilities. Unless otherwise agreed by Fraser in connection with the approval
~
of the golf course FPDP, Fraser will not own or be responsible for any portion of the water
supply system providing golf course irrigation. However, if all or any portion of the water for the
golf course irrigation is provided under the same Augmentation Plan and any supplemental water
rights whi~h are used for the Domestic Component of the water supply plan, then the owner of
the golf course will be required to pay water service fees to Fraser to defray an appropriate share
of the costs of operating the augmentation facilities and administering any relevant augmentation
plan, The amount or formula for such water service fees charged to the owner of the golf course
will be determined by Fraser, based on benchmarked water service charges for golf courses
served by potable systems at the time of approval of the golf course FPDP, and may be adjusted
from time to time consistent with the policy referred to in this Section. Prior to approval of the
FPDP for the golf course, Developer shall submit proof satisfactory to F~r that title to all of
the water rights necessary to provide irrigation water for the golf course, including any excess
portion of the Water Rights and consumptive use credits under any augmentation plan not
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E2003-016733 12/30/2003 11:10A ANEXAGRE SARA L ROSE
26 0' 73 R 366.00 D 0.00 GRAND COUNTY CLERk
required for the potable water demands of the water plan~ has been irrevocably conveyed,
restricted, dedic~ted or reserved in such a manner that such water rights cannot be transferred or
used separately from the golf course property, unless an appropriate substitute is provided and
approved by Fraser.
'!'
ARTICLE 6.0 '- SEWEr(
6.1 Developer has ~cluded portions of the Rendezvous Property within the Fraser
-
Sanitation District pursuant to a I!e-Inclusion Agreement, and relevant amendments thereto.
..
Developer proposes to provide sewer service for the remainder of the Rendezvous Property by
including such lands within the Fraser Sanitation District or other public wastewater provider or
by utilizing ISDS systems in the event exempt wells are utilized for any area of the Property. In
the event, for any _reason, the remaining property either will not or cannot be served by such
provider, Developer shall be entitled to obtain suitable wastewater permitting, complying with all
Colorado Department ofHea1th Water Quality Control Division and/or local roles, regulations
and requirements.
6.2 Concurrent with the submittal of a subdivision application for any Planning Area
or any portion thereof which is proposed to be served by central sewer service, Developer shall
submit preliminary design drawings and documents for the central sewer system required to serve
the subdivision area. Such preliminary design drawings and documents shall be of sufficient
detail to allow verification by Fraser of the adequacy of the system to serve the proposed
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27 of 73 R 366.00 D 0.00 GRAND COUNTY CLERK 51
development as outlined in the 2003 POD and to allow verification of confonnance with the
~
intent of the Sewer Plan,
6,3 Prior to app~va1 of a subdivision application for any individual Planning Area or
any portion thereof which is prQposed to be served by central sewer service, Developer shall
submit proof of an approved sewage treatment system required to serve the subdivision area.
!'
..
The proof of a sewage treatment sy~m shall consist of an agreement to provide service from the
eo
Fraser Sanitation District, and another-entity capable of providing sewer to serve the Rendezvous
Property or ISDS plans.
'"-
..
ARTICLE 7.0 - OTHER UTILITIES
7.1 Developer shall comply with the Subdivision Regulations for any Planning Area
or any portion thereof as -the same relates to utility suppliers including, but not necessarily limited
to, the notice requirements and design requirements as they may be amended from time to time.
ARTICLE 8.0 - DRAINAGE
8,1 Developer has submitted the Drainage Plan, which has been approved as part of
the 2003 POD.
8.2 Concurrent with either the submittal of an application for FPDP or subdivision
approval for any Planning Area or any portion thereof, the Applicant shall submit the required
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}
drainage design drawings and documents pursuant to the POD Ordinance and/or Subdivision
Regulations.
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~
ARTICLE 9.0 - STREETS AND ROADS
9,1 Developer has submitted the Roadway Plan, which has been approved as part of
the 2003 PDD. The Roadway Plan is conceptual in nature and the location of all streets and
roads on the Rendezvous Property is to be determined in connection with the review FPDP and
subdivision applications as the project proceeds,
9,2 The location of all access points to U.S. Highway 40 will be consistent with the
Roadway Plan, shall follow the Colorado Department of Transportation Access permit
procedures and shall be consistent with the Fraser Master Plan. Access control for other roads
shall be consistent with the Roadway Plan and the Fraser Master Plan. Subject to appropriate
amendments to the East Mountain Filings 1 and 2 Subdivision Final Plat notes, East Mountain
access will be as follows: 1) the old Fraser River Bridge will provide pedestrian and secondary
emergency access; 2) the new Fraser River Bridge will provide primary access; 3) emergency-
only gated access will be provided within Planning Area 6E on or before the issuance of 273
certificates of occupancy for residential units located east of the Fraser River, or by October 31,
;:
2010, whichever occurs first.
9,3 All roads within the PDD shall be public roads dedicated to the Town of Fraser,
unless otherwise approved by Fraser at the FPDP or subdivision stage. . In the event that a
Planning Area or a portion of a Planning Area is approved by Fraser ~ a gated community, the
roadway serving that community will be private and maintained by th~ homeowners. Proposed
}
rights-of-way for the public roads are identified on the Roadway Plan. Subject to approval by
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Fraser, the required rights-of-way may change as a result of amendments to the Traffic Study,
amendments to the Roadway Plan, 2003 PDD, or based on information generated or
e
requirements made at the time ofFPDP or subdivision approval. Rights-of-way shall be
dedicated by the Developer at the time of subdivision approval, or as appropriate. The dedication
of the rights-of-way for the roads identified on the 2003 PDD may be required by Fraser as a
result of development occurring off the Rendezvous Property prior to subdivision of the
Rendezvous Property or the portions of the Rendezvous Property upon which the rights-of-way
are located. If Fraser requires a grant of right-of-way, it shall provide the Developer with a
written notice requesting the grant, which notice shall include the engineering data aligning the
road as proposed by Fraser and showing its design. The Developer shall have ninety (90) days to
submit alternate alignments and designs for consideration by Fraser. If the Developer and Fraser
are unable to agree within the ninety (90) day period from Fraser's written notice on the final
alignment and design, then the alignment and design of Fraser shall be the alignment and design
provided that it is consistent with the 2003 PDD. The Developer shall execute and deliver to
Fraser a grant of right-of-way with warranty to title free and clear of all encumbrances and liens.
It is acknowledged that the following roadway facilities serve regional needs, and should be cost-
shared with regional beneficiaries: a) County Rd. 72 - Grand County; b) Fraser Valley Parkway
(roadway improvements in addition to the base two-lane facility) - Grand County, Town of
Winter Park, Winter Park Resort; c) King's Crossing Road (connection to Rendezvous Road)-
Town of Winter :park; and d) Rendezvous Road and Road "B" (improvements in addition to the
base two-lane facility) - Winter Park Resort, Denver Water Board. Howe~r, nothing herein
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30 of 73 R 366,00 D 0,00 GRAND COUNTY CLERK
shall relieve Developer of the responsibility for providing primary and secondary means of
access to each Planning Area consistent with Fraser's subdivision regulations.
9.4 Developer shall submit substantially complete design drawings and docwnents for
all necessary rights-of-way and road construction with the FPDP or subdivision application. The
Improvements Agreement to be executed upon approval of the FPDP or subdivision shall
provide that Developer shall be responsible for construction of such major roads, as well as all
other roads necessary to serve the area included in the FPDP or subdivision proposal,
~
..
9,5 Except as identified herein, the design and construction of all public roads shall
conform to the 2003 PDD and the road standards in the Fraser subdivision regulations. The
primary access roads serving the Rendezvous Property shall be paved or finished with an .
acceptable all weather surface in accordance with applicable standards. The Developer may
request alternate road surface designs on local roads and within low-density planning areas, in
accordance with applicable standards for such surfacing.
9.6 Developer and Fraser shall each use their best efforts to seek a collaborative.
solution with other affected parties, including: Town of Winter Park, Winter Park Re~rt, Grand
County, Union Pacific Railroad, and Denver Water Board for cost sharing construction of the
railroad underpass, as indicated in the 2003 PDD to provide access to the Planning Areas west of
the Union Pacific Railroad and adjacent lands. However, if a shared cost agreement cannot be
reached and if the underpass is not constructed, nothing herein shall relieve Dev~loper of the
responsibility for providing primary and secondary means of access to each suc}{Planning Area
~
,
consistent with Fraser's Subdivision Regulations.
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I
2:1 Developer shall be responsible for providing rights-of-way for and constructing
alternate means of access to any FPDP or subdivision area as required by the Subdivision
Regulations and PDD Ordinance, subject to Developer's right to apply for a variance under
Fraser's established procedures, Where applicable and subject to Fraser's approval~ it is
understood that divided roadways may be utilized to meet the dual access requirement for access
l!'
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to any subdivision of the Rendezvous Property,
9.8 Developer shall also be responsible for any necessary improvements to U,S.
~
Highway 40 or other off-site roads required as a result of the development of the Rendezvous
Property pursuant to the 2003 PDD,
9,9 Concurrent with the sub~ttal of a subdivision application for any individual
Planning Area or any portion thereof, Developer shall submit design drawings and documents for
the public transit system improvements to serve the individual subdivision area. Such design
drawings and documents shall be of -sufficient detail to allow verification by Fraser of the
adequacy of the system to serve the proposed development, conformance with the approved
preliminary system plan, and conformance with the intent of the Master Plan. The Improvements
Agreement to be executed upon approval of the FPDP or subdivision shall provide that
Developer, or other appropriate provider as approved by the Town, shall be responsible for
construction of such public transit system improvements necessary to serve the subdivlsion area.
9.10 Developer and Fraser recognize and agree that the development conte~plated by
the 2003 PDD Plan, and particularly the road system proposed for Rendezvous West Mountain,
}
may entail significant increased road maintenance capital expenditures. If Fraser reasonably
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, . COUNTY CLERK
detennines that the tax revenues from the Rendezvous Property allocable to capital equipment
expenditures and available resources are inadequate, Fraser may, as a condition of approval of
any FPDP or subdivision application for any Planning Area within West Mountain, require that
the Improvements Agreement for the FPDP or subdivision provide for the Developer's purchase
of or payment towards road maintenance equipment needed to serve the FPDP or subdivision or
~
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utilize other means of addressing the roadway maintenance needs for a designated period of time
....
not to exceed three (3) years. Such equipment requirements shall be in addition to any other
public improvements required for the FPDP or subdivision. Fraser and Developer may agree
~
...
: upon other arrangements (i.e. Developer maintains roads for a certain period of time) in lieu of
such requirements, including terms of reimbursement.
ARTICLE 10.0 - PUBLIC DEDICATIONS
10.1 Developer agrees to provide land for parks and public facilities, other purposes,
and dedications for schools or fees ~ lieu of land dedication, as provided in this Article 10.0.
These conveyances represent the full extent of the Developer's public dedication obligation as
described in the 2003 PDD.
10.2 In accordance with the Third Annexation Agreement and the 1998 Plan,
Developer has dedicated to Fraser a linear park located in the East Mountain. Such linear park
includes the course of the Fraser River and the right-of-way for the Fraser River Trail, and
encompasses approximately 57 acres.
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}
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33 0;0~:7:33~:/0300/D200030011:10A ANEXAGRE SARA L ROSF.
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10.3 Developer agrees to dedicate or convey to Fraser a public parking area near the
~
trail head of the Fraser River Trail, with parking space for not less than eight (8) vehicles. The
location of such parking area shall be determined and it shall be dedicated or conveyed in
conjunction with the review and approval of the subdivision application for Planning Area 11 e or
any portion thereof.
~
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10.4 Developer, or its predecessor, has granted to Fraser a pedestrian and bicycle
easement of20 feet in width along the proposed west right-of-way for U.S. Highway 40, and
-
FraSer has constructed a pathway on such easement. Developer shall have the right to relocate
~
the easement and the pathway at its sole cost and expense if necessary to accommodate future
development on the Rendezvous Property and if approved by Fraser. Fraser shall maintain the
pathway on the easement in good order and repair at its sole cost and expense.
10.5 Developer agrees that public trails shall be dedicated and constructed in
accordance with the 2003 POD. The trails within an individual subdivision, and any offsite trails
necessary to serve such subdivision, as determined by Fraser in consultation with the Developer,
shall be included in the Improvements Agreement for that subdivision and shall be dedicated and
constructed as provided in such Agreement. In addition, it is agreed that the trail along Leland
Creek provided on the 2003 POD, from its intersection with Rendezvous Road to the South
boundary of the Rendezvous Property, shall be dedicated and constructed by October 31, 2010 if
not completed sooner as part of an FPDP or subdivision approval.
10.6
Developer agrees to dedicate or convey a site consisting of not less than five (5)
acres for use as a community recreation center to the Fraser Valley Metropolitan Recreation
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;
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34 of 73 R 366.00 D 0,00 GRAND COUNTY CLERK
District in Planning Area 1 Wa shown on the 2003 POD. The community recreation center site
~
plan must be approved by Fraser and Developer, and the architecture by Developer, subject to the
plan for Planning Area 1 Wa, and of a quality consistent with such an area, appealing to residents,
property owners and visitors of the Fraser Valley. Such site shall be dedicated or conveyed
cr~ectly to the Fraser Valley Metropolitan Recreation Distric~ if such District obtains voter
'" ,
approval for' the issuance of District bonds to finance construction of a community recreation
center'Oy January 1, 2005 and provides proof of adequate funding to complete the project.
Subject fo voter approval of the District bonds to finance the community recreation center,
c..
..
Developer-and District shall enter into a binding agreement to convey the property, if such
approval is obtained within the time limit specified herein, In the event voter approval is not
,obtained or proof of adequate funding is not provided by the District as set forth above, and after
written request by Fraser for a site designated by Fraser (excluding 1 Wa, 2W, 4W, 9W, and lOW
unless otherwise approved by Developer) and consented by Developer, which consent shall not
unreasonably be withheld, five (5) acres shall be conveyed to Fraser for a public purpose.
10.7 Developer agrees to dedicate or convey a site consisting of not less than four (4)
acres, identified as Planning Area 6W on the 2003 PDD, for public use (which may include,
without limitation, a public works facility). The exact description of the site shall be determined
by mutual agreement of Developer and Fraser, or if the parties are unable to agree, Fraser will
reasonably determine such description consistent with the provisions of this Section. Developer
shall then complete the conveyance of the site to Fraser on or before October 31, 2003, unless a
suitable alternate location is identified. In addition, if requested by Fraser, Developer agrees to
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;
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IE2003-016733 12/30/2003 11:10A ANEXAGRE SARA L ROSE
3S of 73 R 366,00 D 0,00 GRAND COUNTY CLERK
convey two (2) sites for public works satellite facilities, one within Rendezvous East Mountain
~ and another within Rendezvous West Mountain, each to consist of approximately 0.3 acres.
Fraser may request such sites in connection with any FPDP or subdivision application by
-
Developer, and the dedication or conveyance of such sites to Fraser shall be completed
concurrently with the approval of the applicable FPDP or subdivision plat. Fraser shall consult
""
with DevelOper regarding the site plan and architectural design of such sites, including
reasonable effQrts to buffer or screen the public works facilities. The conveyance or dedication
~
of each such site shall provide that if the site is hereafter devoted to something other than a
~
public use, then the covenants and restrictions applicable to other portions of the Rendezvous
Property generally shall also apply to such site.
10.8 Developer, or its predecessor, has previously conveyed the site now known as the
Cozens Ranch Museum, pursuant to the provi~ions of the First Annexation Agreement.
- ,
10.9 There is an existing cemetery located within Planning Area lIE. Developer
agrees to convey such cemetery site to the Grand County Historical Association at the time of
approval of any subdivision of said Planning Area lIE or any portion thereof which includes
such cemetery site.
10.10 Developer agtees to dedicate or convey to Fraser the open space parcel designated
as Planning Area 4E on the 2003 POD, for public use. Developer shall determine the exact
location and description of such open space parcel, consistent with the 2003 PDD, and shall
complete the dedication or conveyance thereof to Fraser upon approval of a FPDP or subdivision
for each of the adjoining Planning Areas, or on or before October 31, 2005. Developer further
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1111111111111111111111111111111111 1111111111111 11111111
IE2003-016733 12/30/2003 11:10A ANEXAGRE SARA L ROSE
36 0' 73 R 366.00 D 0.00 GRAND COUNTY CLERK
agrees to place in a conservation easement the open space parcels designated on the 2003 POD as
ETh: ~reek Meadow and Cozens Meadow, subject to agreement with Fraser regarding the use and
maintenance of said areas, the exact location and description of such open space parcels,
consistent with the 2003 POD. The conservation easement shall be completed upon approval of a
"i.
FPDP or subdivision for each of the adjoining Planning Areas, or before October 31, 2007,
-
"i. .
whichever come~ first.
1 0.11 De;~loper shall provide a permanent easement for access to the U, S. Forest
-
Service lands lying ~ of the Rendezvous Property. Developer has delivered to Fraser an
...
easement deed granting a temporary public easement along the existing trail located on the
Rendezvous Property, which leads to such Forest Service lands, On or before October 31,2003,
Developer shall determine the exact location and description for a permanent easement across the
Rendezvous Property from U. S. Highway 40 to said Forest Service lands and shall dedicate or
convey such right-of-way to Fraser.
10.12 Developer and Fraser agree that the East Grand School District has certified that
Developer's obligation to provide sites for schools or money in lieu of school sites for the
Rendezvous Property has been satisfied by Developer's payment of the sum of Two Hundred
Thousand Dollars and No Cents (5200,000.00).
ARTICLE 11.0 - TRANSFER OF PLANNING AREA
11,1 A division of portions of the Rendezvous Property consistent with the Planning
Area boundaries shall require approval of a subdivision exemption plat in compliance with the
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E2003--016733 12/30/2003 11:10A ANEXAGRE SARA L ROSE
37 0' 73 R 366.00 D 0.00 GRAND COUNTY CLERK
requirements of the Subdivision Regulations. The plat shall include a notation that approvals ~y
~
Fraser of the plat does not insure access rights, availability of utilities or ability of subdivided
parcels to be se~ed by any utilities, and a further notation that all subsequent subdivisions and
any application for FPDP approval shall comply with Articles 5.0, 6.0, 7.0, 8.0,9.0 and 10.0 and
all other applicable provisions of this Agreement, the Subdivision Regulations and the POD
'"
..
Ordinance.
11.2
~
Upon traDsfer of a Planning Area pursuant to this Article 11.0, Developer may
request approval of minor Blnendments to the POD Plan that do not affect the transferred
..
-
Planning Area without obtaiirlng the consent or approval of the owner of such transferred
Planning Area. Similarly, the owner of any such transferred Planning Area may request approval
of minor amendments to the POD Plan that relate only to the transferred Planning Area and
which do not affect the remainder of the Rendezvous Property, without obtaining the consent or
approval of Developer.
ARTICLE 12.0 - SERVICES
12.1 Except as specifically provided for in this Agreement with regard to municipal
services that Developer has agreed need not be provided by Fraser or may be provided on a
limited basis, after the effective date of this Agreement, Fraser agrees to provide the Rendezvous
Property such other municipal services currently provided within the Town and on terms and
conditions on which such services are provided to any other property within the Town.
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I 11111111111111111 1111111111111111 111111111111111111111
IE2003-016733 12/30/2003 11:10A ANEXAGRE SARA L ROSI
38 of 73 R 366.00 D 0,00 GRAND COUNTY CLERK
ARTICLE 13.0 - METROPOLITAN DISTRICTS AND FINANCING
13,1 Oeyeloper has organized two separate metropolitan districts, known as the
Rendezvous Residential Metropolitan District and the Rendezvous Commercial Metropolitan
District. The purpose of such metropolitan districts is to provide a means of financing various
infrastructure improvements or operating infrastructure not in competition or conflict with Fraser
-
, 0
or the Fraser Sanitation Distric! for the Rendezvous Property. Fraser agrees to consider
modifications to the existing M~politan District Service Plans so that they include all of the
-
Rendezvous Property and the infrastructure required by this Agreement or other Town
~
regulations.
13,2 The existence of the metropolitan districts does not eliminate or alter the nature or
extent of Developer's obligations under this Agreement or the other provisions of the 2003 PDD.
Specifically, Developer shall still be required to provide Improvements Agreements, with
adequate security, in connection with the approval of a subdivision of the Rendezvous Property,
to assure completion of necessary improvements. If it is proposed that such metropolitan
districts will be responsible for the construction or financing of any such improvements, Fraser
may require proof of the availability of funds and/or other performance guarantees to assure that
the metropolitan districts are capable of completing such obligations. If such proof is provided,
Fraser shall consider legal commitments of the metropolitan district as alternate security in lieu
of security from the Developer.
13.3 Certain improvement obligations that Developer may have pursuant to this
Agreement are of a regional benefit, including, but not limited to, the Fraser Valley Parkway and
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1111111111111111111111111111111111 11111111 1111111111111
IE2003-016733 12/30/2003 11: 10A ANEXAGRE SARA L ROSE
39 of 73 R 366,00 D 0.00 GRAND COUNTY CLERK
oJ
the Leland Creek Railroad Underpass. Fraser agrees to consider public infrastructure financing
e!-
techniques to assist in s\lch improvements.
ARTICLE 14.0 - REMEDIES
-
14,1 If Developer is in default under this Agreement and does not cure this default
~
within thirty '(30) days following written notice from Fraser, Fraser shall be entitled to the
following remedies which shall be curli}l1ative: (i) specific performance or mandatory or
-
prohibitory injunction; (ii) withholding of any pending applications or approvals, including but
-
not limited to FPDP's, subdivision applications, building permits or certificates of occupancy; or
(ii) any remedies permitted under its Subdivision Regulations or its POD Ordinance. If
Developer's default arises from the failure to grant any right-of-way, easement, park land or other
property, then Developer..agrees that Fraser may condemn that land pursuant to C.R.S. 38-6-102.
Developer agrees that the fair and actual cash market value of all such property is zero since the
property is subject to an irrevocable obligation to grant or dedicate it to Fraser pursuant to this
Agreement. Developer agrees that it would have granted or dedicated such property upon
execution of this agreement without compensation if the location and legal description of those
lands had been finally determined. Fraser is not requiring the grant or dedication of those lands
at the time of annexation in consideration for the irrevocable agreement and obligation to grant or
dedicate such property without compensation. Fraser would not have proceeded to annex the
Rendezvous Property if at a later time it would be required to compensate the Developer, its
-
}
predecessors or successors for any right-of-way, easement or park land that is to be granted or
- 37-
ýÿ
!~!\~'UIJ"!~t~~ I'J~'~JI!!!I!}I~IJ
41 of 73 R 368.00 D 0,00 GRAND COUNTY CLERK I
!
that certain rights under the POD Plan shall be vested property rights to the extent permitted by
rt!-
Colorado law as provided in this Agreement; and because the development of the Property as
contemplated by the 2003 POD and this Agreement require dedication of land and the investment
of substantial funds by the Developer ~ver a 2S year period, the owners of the property covered
.
by the POD Plan shall have a vested property right to undertake and complete development and
~
use of such property as provided in this A~ment. At such time as any portion of the property
~
receives FPDP or final plat approval, Fraser agrees to consider such supplemental ordinances as
Developer may request to extend the vested rig4ts granted herein to such FPDP or final plat
..
pursuant to Fraser's subdivision regulations and State law. The rights and obligations under this
Agreement shall vest in the owners of the property covered by the PDD Plan and their heirs,
personal representatives, successors and assigns as benefits and burdens to the land and shall run
with title to the land.
1 S ,2 Riszhts Which Are Vested. Only the rights, which are identified herein, shall
constitute vested property rights under this Agreement. These rights are as follows:
15.2,1 No Downzonina. Fraser shall not initiate any zoning action to reduce the
maximum number and location of residential dwelling units, lodging units or allowable
commercial space as set forth in the PDD Plan.
15,2,2 Residential Dwellina Units. Lodging and Acreaae, The right to develop
substantially the total number of residential dwelling and lodging units set forth on the
Development Plan and the right to utilize substantially the total gross acres for residential
-
}
and lodging use as set forth on the PDD Plan,
- 39-
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1111111111111111111111111111111111111111111111111111111
IE2813-118733 12/31/2883 11:18A ANEXAGRE SARA L ROC
42 0' 73 R 368,81 D I,ll GRAND COUNTY CLERK ~
15.2.3 Commercial Acres and Density, The right to utilize substantially the total
gross acres for commercial die as set forth on the Development Plan and the right to
develop substantially the gross floor area for commercial use as is permitted under the
provisions, limitations and constraints of the POO Plan.
15,2.4 Land Uses. The right to',develop land and engage in land uses in the
-
manner aild to the extent set forth in and Pursuant to the POD Plan on the terms and
conditions set forth herein.
15.2.5 TimiDllofOevelopment In reCognition of the size of the development
C-
oo
contemplated under the POD Plan, the time required to complete development, the need
for development to proceed in phases, and the possible impact of economic conditions
and economic cycles and varying market conditions during the course of development,
the right to develop the Rendezvous Property in such order and at such rate and at such
time as the market dictates within the structure of this Agreement
15.2.6 Moratoria. ~e Town will not impose a moratorium except the Town may
impose a temporary moratorium if, (i) the moratorium is non-discriminatory, (il) the
moratorium is based upon a set of circumstances or a situation that lias a:eated a serious
and documented issue that threatens public health and safety and (Hi) the moratorium is
only so long as required to correct or remedy the situation. In no event shall any type of
general growth moratorium or building permit limitation of any kind enacted in any
manner by Fraser be applicable to the Property.
-
;
- 40-
ýÿ
~rl~!~~~~t\IJ!~W~'I~',
15.2,7 Unifonnitv of Requirements, The right to continue and complete the
development of the Rendezvous Prar;erty with conditions, standards, dedications,
exactions and requirements, which are no more onerous than those, set forth in this
Agreement and the PDD Plan.
15.3 Term for Vested Rights. In recognition,ofthe size of the development
-
contemplated under the PDD Plan, the time required to cemplete development, the need for
-
development to proceed in phases, and the possible impact ,f economic cycles and varying
market conditions during the course of development, Fraser lias concluded and hereby agrees that
~
..
the rights identified in Section 15.1 of this Agreement, as veste4 property rights, shall continue
and have a duration until twenty-five (25) years after the date hereof.
15.4 ComDliance With General Re2Ulations. The establishment of the rights vested
under this Agreement shall not preclude the application of Fraser regulations of general
applicability including, but not limited to, the Fraser subdivision regulations, impact fees,
service fees, user fees, the application of local improvement districts, building, fire, plumbing,
engineering, electrical and mechanical codes, or the application of regional, state or federal
regulations, as all of the foregoing exist on the date of this Agreement or may be enacted or
amended after the date hereof, except as otherwise provided within the PDD Plan or this
Agreement.
15,5 Liability of Town. Although C.R.S. 24-68-101 et seq. allows for monetary
-
damages or c~mpensation in the event of violation of a vested property right, Developer hereby
-
waives its ritht to receive compensation pursuant to C.R.S. 24-68-105 (1) or any similar future
- 41 -
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1111111111111111111111111111111111111111111111111111111 I
E2003-018733 12/30/2003 11110A ANEXAGRE SARA L ROSE
44 0' 73 R 388.00 D 0.00 GRAND COUNTY CLERK I
)
statutory provision and to enforce the provision of Section IS,I above by obtaining relief in the
fonn of specific perfonnance, injunction or other4ppropriate declaratory or equitable relief.
ill Impact Fees. In conjunction with this Agreement, Developer is undertaking
significant dedications for open space, recreation facilities, equivalent attainable housing units
and maintenance facilities, and is sharing in costs for construpting significant roadway
-
improvements, sOme of a regional nature. Fraser agrees that poovision for these dedications and
improvements are in satisfaction of any impact or development f~ now or hereafter imposed by
Fraser on property within its municipal limits for maintenance facilities, open space, roadway
...
..
improvements (excluding, however, impact fees for improvements other than those for which
Developer has or will pay its proportionate share of the costs), and equivalent attainable housing
and no such impact or development fees, or any off-site public improvements not specifically
identified herein, shall be imposed on any development within the Property for these purposes.
ARTICLE 16.0 - DISCONNECTION
16.1 Disconnection of Planning Area 22W. Developer shall have the right to apply for
disconnection of Planning Area 22W from Fraser, in order to concurrently annex 22W to Winter
Park for residential land use, said disconnection being for the purposes of, but not limited to: (i)
the resolution of any regional public improvement issues, (ii) the acceleration of the provision of
services to Planning Area 22W, (Hi) public safety enhancements, or (iv) environmental
-
mitigations. Such ~sconnection shall be by application by Developer to Fraser pursuant to
-
C,R.S. ~ 31-12-501. Fraser agrees to reasonably consider such application and shall not
- 42-
E~'!!~~~~~~~~~IJ~W~I'I,
unreasonably withhold approval of the disconnection if the disconnection is in the best interest of
Rendezvous and Fraser and will not prejudice Fraser, eeveloper agrees that if disconnected, the
planned density for Planning Area 22W in the 2003 POD Plan may not be transferred, and
Developer shall not be entitled to any credit or adjustment to the dedication requirements or other
obligations of Developer pursuant to this Agreement and the 2003"PDD Plan. In the event of
"
such disconnection, Fraser shall have no further obligation to serve Planning Area 22W with
domestic water or other municipal services,
~
ARTICLE 17.0 - MISCELLANEOUS
17,1 The Rendezvous Property is currently being used in part for agricultural, farm and
ranch purposes. Developer may continue that use despite the PDD Zoning, Developer and
Fraser agree that even though portions of the Rendezvous Property may continue to be used in
that manner, no part of the Rendezvous Property is agricultural or farm land under C.RS. ~31-
12-702. Developer waives any right to disconnection from Fraser pursuant to C.RS. ~31-12-
701, et seq. (except as provided in Article 16.0 hereof).
17.2 Whenever a grailt, dedication or conveyance is required in this Agreement free
and clear of encumbrances and liens, Developer may make such conveyance subject to
encumbrances or liens that Developer is contesting in good faith provided that adequate
,
assurances acceptable to Fraser are given to provide that the lien or encUJIlbrance will be satisfied
and released in the event peveloper is not ultimately successful in its contest of the lien or
-
encumbrance. }
- 43-
ýÿ
1111111 1111 111111111111 11111111111 11111 1111111111111111
12083-118733 12/31/2013 11:IIA ANEXAGRE SARA L ROSE
48 of 73 R 311,11 D 1.11 GRAND COUNTY CLERK
W This Agreement shall be recorded with the Clerk and Recorder in Grand County,
Colorado, shall run with the land, and shall be binding upon4l1d inw-e to the benefit of the heirs,
successors and assigns of the parties hereto.
17.4 This instrument and the adopting ordinance of Fraser embodies the whole
agreement of the parties. This Agreement shall supersede all previous CQmmunications,
-
representations, or agreements either verbal or written between the parties\hereto. If adopted by
Fraser, the parties agree that the ordinances approving annexation of the Ad~ona1 Properties
and adoption of the revised PDD Plan for the Rendezvous Property will contaiD additional
~
matters pertinent to the integration of the Rendezvous Property into Fraser and development of
the Rendezvous Property. Therefore, this Agreement must be interpreted and applied in a
manner consistent with such ordinances.
17.5 Developer may assign its rights and duties hereunder in whole or in part to others
who become fee title holders or ground lessees of any of the Rendezvous Property or any portion
thereof without Fraser's permission. No such assignment shall release the Rendezvous Property
from any restrictions imposed upon the Rendezvous Property by this Agreement, unless a
specific release has been given by Fraser in writing. Fraser shall release Developer if a new
Developer to whom a whole assignment has been made agrees to personally be bound to the
terms and conditions of this Agreement. Any assignment shall not be effective on Fraser for the
transfer of the rights of Developer to such assignee until written notice of same is delivered to
Fraser executed by both the assignor and assignee.
-
}
- 44-
ýÿ
l!\~!llIIJ"!~!! 11IJ~'~IW'I!!!I~I~
47 of 73 R 366.00 D 0,00 GRAND COUNTY CLERK j
ill Any notice required or permitted under this Agreement will be deemed to be
received when delivered personally in writing or by reputable overtt1ght delivery service or five
(5) days after notice has been deposited with the U,S. Postal Service, postage prepaid, certified
and return receipt requested, and addressed as follows:
17.6.1 If to Developer:
Rendezvous Colorado, LLC
5291 E. Yale Avenue
Denver, CO 80222
!'
..
With a copy to:
Lawrence R. Kueter, Esq. ":
Isaacson, Rosenbaum, Woods & Levy, PC
633 17th Street, Suite 2200 --
Denver, CO 80202
...
..
17.6.2 If to Fraser:
Town of Fraser
153 Fraser Avenue
Box 120
Fraser, CO 80442
With a copy to:
Mr. Rod McGowan
Cazier and McGowan
P.O. Box 500
Granby, CO 80446
Either party may change the address to which notice is to be sent by providing notice in the
manner set forth in this Section.
17.7 This Agreement is the product ofa cooperative drafting effort by Fraser and
Developer and shall not be construed or interpreted against either party solely on the' basis that
one party or its attorney drafted the Agreement or any portion of it.
17.8 The fact that any portiQn of this Agreement may be held to be unenforceable shall
not affect the enforceability of the remaining portions thereof.
}
- 45-
1111111111111111111111111111111111111111111111111111111
IE2803-018733 12/30/2003 11: 10A ANDAGRE SARA L ROSE
48 0' 73 R 368.00 D 0.00 GRAND COUNTY CLERK
ill This Agreement cannot be modified or revoked except by an instrument in writing
signed by Fraser and Developer or the then owner of the Rendezvous Pr~rty or any portion
thereof if there has been an assignment as it relates to the specific Rendezvous Property.
17,10 Nothing in this Agreement abrogates or modifies any existing development or
improvement agreements between the parties, except for the Third Annexation Agr~ment.
.
17.11 The undersigned landowners, in addition to Developer, who hold owne-Rhip
-
interests in the Rendezvous Property, hereby approve this Agreement and assume and ~ to be
bound by the Developer's obligations provided in this Agreement with respect to those portions
~
of the Rendezvous Property in which each such landowner holds an interest. Further, those :
landowners who petitioned for annexation of the Additional Properties hereby acknowledge and
agree that all conditions stated in the petitions for annexation have been satisfied or are waived.
17.12 The undersigned lienholders, who hold encumbrances upon all or portions of the
Rendezvous Property, hereby approve this Agreement and subordinate their lien(s) to the
provisions of this Agreement, it being the intent that this Agreement shall be continue in effect
and be binding on any persons acquiring ownership of all or any portion of the Rendezvous
Property as a result of foreclosure of said lien(s). '
IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures.
(The remainder of this page is intentionally left blank)
-
}
- 46-
,-
Mil / l~~h. bit ~1
l 04./ /:,'
Form No. I J4:! (CO.8il
.J.,. M E
FIRST AMERICAN TITLE COMPANY
INFORMATION
The Title Insurance Commitment is a legal contract between you and the company. It is issued
to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you
against certain risks to the land title, subject to the limitations shown in the Polley,
The Company will give you a sample of the Policy form, if you ask.
The Commitment is based on the land title as of the Commitment Date, Any changes In the
land title or the transaction may affect the Commitment and the Policy,
The Commitment is subject to its Requirements, Exceptions and Conditions.
THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT.
TABLE OF CONTENTS
AGREEMENT TO ISSUE POLICY
SCHEDULE A
Page
1
1. Commitment Date
2. Policies to be Issued, Amounts and Proposed Insureds
3. Interest in the Land and Owner
4. Description of the Land
SCHEDULE B-1 - Requirements
SCHEDULE B-2 - Exceptions
CONDITIONS
2
2
2
2
3
4
other side
YOU SHOULD READ THE COMMITMENT VERY CAREFULLY,
If you have any questions about the Commitment. please contact the issuing office,
ýÿ
CONDITIONS
1, DEFINITIONS
(a) "Mortgage" means mortgage, deed of trust or other security instrument
(b) "Public Records" means title records that give constructive notice of matters affecting the title
according to the state law where the land is located,
2. LATER DEFECTS
The Exceptions in Schedule B - Section 2 may be amended to show any defects, liens or encumbrances
that appear for the first time In public records or are created or attached between the Commitment Date
and the date on which all of the Requirements of Schedule B - Section 1 are met We shall have no liability
to you because of this amendment
3, EXISTING DEFECTS
If any defects, liens or encumbrances existing at Com mltment Date are not shown in Schedule B, we may
amend Schedule B to show them, If we do amend Schedule B to show these defects, liens or encum-
brances, we shall be liable to you according to Paragraph 4 below unless you knew ofth Is Information and
did not tell us about It In writing,
4. LIMITATION OF OUR LIABILITY
Our only obligation Is to Issue to you the Policy referred to In this Commitment, when you have met Its
Requirements. If we have any liability to you forany loss you Incurbecauseofan errorln this Commitment,
our liability will be limited to your actual loss caused by your relying on this Commitment when you acted
In good faith to:
comply with the Requirements shown in Schedule B - Section 1
or
eliminate with our written consent any Exceptions shown in Schedule B - Section 2.
We shall not be liable for more than the Policy Amount shown In Schedule A of this Commitment and our
liability is subject to the terms of the Policy form to be issued to you.
5, CLAIMS MUST BE BASED ON THIS COMMITMENT
Anyclalm, whetheror not based on negligence, which you may have against us concerning the title to the
land must be based on this Commitment and is subject to its terms.
Form No. 1343 (Co-90)
AL TA Pl81n L81lQU8ge Commitment
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
agent for
FIRST AMERICAN TITLE INSURANCE COMPANY
AGREEMENT TO ISSUE POLICY
FIRST AMERICAN TITLE INSURANCE COMPANY, referred to In thlsCommitmentastheCompany,
through Its agent, Identified above, referred to In this Agreement as the Agent, agrees to Issue a policy to
you according to the terms of this Commitment When we show the polley amount and your name as the
proposed Insured In Schedule A, this Commitment becomes effective as ofthe Commitment Date shown
in Schedule A.
If the Requirements shown in this Commitment have not been met within six months after the Com-
mitment date, our obligation under this Commitmentwill end Also our obligation underthisCommitment
will end when the Policy Is Issued and then our obligation to you will be under the Policy.
Our obligation under this Commitment Is limited by the following:
The Provisions In Schedule A.
The Requirements In Schedule B-1,
The Exceptions In Schedule B-2.
The Conditions on the reverse side of this page
This Commitment Is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B.
First American Title Insurance Company
8yr?4x1~ PRESIDENT
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r~1lE 1NsI.I
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,; :.. SEPTEMBER 2~ .: : J
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,(' 1:" l; ~.~ ~,,\'- :.'/
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BY /JJ~ ~ ~ SECRETARY
BY ~ ~ _~ ..II' COUNTERSIGNED
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COMMl:TMENT
SCJUlDlt-E A
JCJ'l'l<t."Y L. I<IRI<EN:lALL
DE.VELOPDG EUIITIES CKX.JP LIe
2171 E'AS'l' 'l'EHWUOO8 DU.VE
HIGiI...ANOO RMQ{ CD 80126-2607
1. Effective Date: February 2, 1998 at 7:00 AM
DtI/bs
Ocder No. 117338 -C
0Js tudIt::L Refecence M1\RWALE
2. ALTA Orc&:" s PQUcy
PL- p::lsed Insured:
Amoun1:: $
A BJYER ro BE DE'I'!!.HaNED
3. ALTA IDBD Po11des
~~sed ZDsuI:ed:
JIaIoun't: $
~~C"sed ZDsumd:
Amoun1:: $
4. "!be dtatB or inl:..aU't in 'the land described or z:ef~.Led 'to in this r--ItJIeQ"t and
CXM!I:ed herein is:
FEE SIMPLE
and tl:tle tbeLetn is a1: the effective date ht&-=of 1Ie&ted .in:
MNM1AIB LtC, a Col.oraOO limited liability c::x:apm;y (Subject to aequirements)
Owner r S Premiun: . $
tender r s Premiun: $
Add'l IeOOer 01g: $
Add r 1 Ola:r:ges: $
Tax Certificate: $
&ldorsemeut 01g: $
TED Charges: $
i~~ by:
'!HE TI'l'IB a:HPANY DC
P 0 BJX 415
WINl'm PARK CD 80482
nx 970-726-9488
PH 970-726-8077 ~ 303-892-1903
'1'OT:AL amRGm:
$
150.00
150.00
1'"..ltb"l' AMmUCAN TITIB INSlJRAN:E <XMPANY'
COMMITMENT
sc::.mnJLE A (cont.imJed)
Plat id lib.
Order No. 117338 -C
5. '1he land referred to in the Cornni tment is covering the land in the State of
Q:U.orado, County of Grarrl , ~ c:ribed as f~:
A parcel of land located in tte Scuth ene-half of tte Scuth c:.n:rhalf
(SI/2S1/2) of Secticn 20, t:te Scuth coe-half of the Scu~
cne-quarter (Sl/2SWl/ 4) of Secti.cn 21, Secticn 28 am Secticn 29 all
in Township I South, Range 75 West of the Sixth Prin::ipal Meridian,
County of Grarrl, State of Co1arac:b, rrore particularly desc::ril::led as
follows:
'!bat particn of the Sa.l'thwest coe-quarter of t:te ~ coe-quarter
(SWl/4SW1/4) of said Secticn 20 lying l'brtherlyarrl Easterly of the
Southern Pacific Railroad right of way:
Toge1::t2r with that porticn of the Southeast coe-quarter of the
~ coe-quarter (SEl/4SW1/ 4) of said Sect:i.cn 20 lying Sa.ttherly
and West2rly of HigtHiy~. 40:
'l'c:lglrther with the South ooe-half of the Sartheast coe-quarter
(Sl/1SE1/4) of said Sec;:;t:ia1 20:
Toge1::t2r with the South ale-half of the ~ ooe-quarter
(S1/2SW1/4) of Sect:ia1 21:
Together wi'th the lbrtheast coe-quarter (NEl/4) of said Sect:I.al 28;
Together with the lath ooe-half of the Sartheast coe-quarter
(Nl/2SE1/4) of said Sec;:;t:ia1 28:
Together with that particn of the Northwest ooe-quarter of the
. Sc::ut:best coe-quarter (NWl/4SWl/4) of said 5ect1cn 28 lying ~UJe4ly
; ,. , of. the right of way of ICings Cz:cssing Jb3d as desc::ril::led en a rand
,.. Survey Plat r~ded at Receptial No. 9600'7615;
, '.' .. Together with that particn of the ~ coe-quarter of the
. \: . Sc::ut:best coe-quarter (SWl/ 4SWl/4) of said Secticn 28 lyiIg ~ the:cly
.~. : of said right of way of ICings Cz:cssing Road, be there afrI:
'-'-. Together with the Northwest coe-quarter (NWl/4) of said Sect:ia1 28;
..:7.:: Together with the lbrtheast coe-quarter (NEl/4) of said Sect:ia1 29;
.:~. ..' Together with trose part:i.als of the Sartheast coe-quarter (SEl/4) of
said Sect:ia1 29 as desc::ril::led as Parcel 3 and Parcel 4 at Receptial No.
97002916;
...-;'. Together with that porticn of the North ae-half of the Northwest
coe-quarter (Nl/2NWl/4) of said Secti.cn 29 lying N.AU}&'ly and
Easterly of the Southern Pacific Railroad right of way:
Together with the South ooe-half of the Sc::ut:best coe-quarter
(S1/2SWl/4) of said Secticn 29:
Together with that particn of Northeast coe-quarter of the Sartheast
coe-quarter (NEl/ 4SEl/ 4) of Secticn 29 lying l'b. Uler1y am Easterly of
the Southern Pacific Railroad right of way;
Except the right of way far Hig:tway No. 40:
Except the right of way far Southern Pacific Railroad:
Except the LLca..--t of land cx:nveyed by Regi.s-Maryvale, Irx:. to the East
Grand Fire Prot::ectial District by inst:r:unent recorded ~ 8,
1982, in 8cx:lk 318 at Page 649 in the Office of the Gram camty Cl.e:dc
(Ccnt:l.rnJed )
~'.ll'C::Jt N-1ERICAN TITLE ~ a::MPANY
ýÿ
I.mAL Df3:2UP1'Iaf (CXC1tlnJed)
Order toO. 117338~
and Recoroer;
Except the LLact of land cx:nveyed by Regis-Maryva1e, Irx:. to the Grand
Coonty Water and Sanitatial District No. 1 by instJ:unent ~dtd July
26, 1983, jn l30cX 332 at Page 671;
Except the l.t:dCt of land cx:nveyed by Regis-Maryva1e, Irx:. to the Tao.n
of FI:aser by Warranty Deed reoarU&l Nc:M:mber 5, 1987, :in lb:lk 427 at
Page 601;
Except that parcel of lam krx:Jwn as Tract "A", PaJis-Maryva1e, Irx:. a
Subdivisicn Exenpt:l.cn as reu:m:Jed at ~ No. 2BfJ2Zl;
Except the right of way of that Ch.Jnty R::ad krXK1 as "FelLest Trail" as
recorded in l30cX 222 at Page 248;
Except the right of way of that County R::ad krXK1 as "Old King R:8:l"
as reca!ded at File 1Ultler 0080;
Except that five (5) 8C[8 udCL of land cx:nve,yed by Mazyva1e, xu: 'to
the Ch.Ircb recorded at ~Ucn No. ;
~ that t..cacl. of land krx:Jwn as "Maxyvale Planning Ama No.6" a
Subdivisia1 E>&fl>Ucn;
Except that uccl of land krx:Jwn as "K:ing's CI:css1ng SOlar Townhanes"
as recarded at ~Ucn JIb. 177402 and
Except that parcel of land desc:I:ibed as an eJCOepUcn parcel in B:ick
442 at Page 6a1.
1" .l..J:C::)"'l' AMElUCAN TITLE INSUAAN::E CXl-!PANY'
. "'.-:' .
ýÿ
COMMITMENT
sc::HmJLE B
Order No. 117338 -C
Secti.cn 1
~
THE FOLLa-lDC ARE 'IHE ~ TO BE cn1PI..Im WI'1H:
Item (a) Payment to ar far the ~t of the grantors ar nortgagors of the full
<:x:n3ideraticn far the estate or interest to be insured.
Item (b) Proper instrurrent(s) creating the estate ar interest "to be insured nust be
executed am duly filed for record, to wit:
1. Deed fran I<EVIN L. F.HI.ER;, E. RIa< WA'I'R:::U;, IXJIW:D E. MIEI1<E, IXJANE A. IXJFFY,
RIOiARD F. NIPERl', GAR'f R. DANI, ~'1' SDGi, .JUDITH K. ELLIorr arx1 IARRY IXS
to~, LLC.
N'Jl'E: Duly executed real ~ transfer Oec' CJ-raticn, executed by either
the Grantor or Grantee, to ~ the Deed nenti.cx1ed abc::Jve, pm;uant to
Article 14 of HaJSe Bill N). 1288 - CR; 39-14-102.
2. Certified legal. ~lpticn by a registered SU%veyor or eng.ineer prqm:-ly
- describing that five (5) acre tract known as the "Oum::h Parcel".
3. Deed fJ:an ~ LLC, a Colorado limited liability ~ to 'mE
AR:E:>IO :Joo~to: OF DENVER, a Colorado rxn-profi t coqprati.cn (As to the "Ch.D:ch
.. Parcel").
.. NlI'E: Duly executed real ~ transfer Oec'CJ-rat:l..cn, executed by either
the Grantor or Grantee, to ~ the Deed ment:l.aled above, pJrSUant 1:0
. . Article 14 of HaJSe Bill N). 1288 - CRS 39-14-102.
.. :tOrE: Upcn CXIIpl.ianoe with Requirement N). 3, the ~~late rec::m:ding
infaanaticn will be ~ Led in the legal 1- -: -L.lpticn.
4. Fe) ee-c=e by the PI,b' of c Trustee of Grand cnmty of the Deed of Tn1st :frail
Maxyvale, LLC, a CoJ.acado limi. tad liability cx:upany for the use of Regis
Jesuit Hold.ing, Inc., a Colorado rxn-profit (.O(~at:i.cn, "to secure
$1,000,000.00, dated March 30, 1994, am recmded April 6, 1994, at Receptial
N). 94003906.
5. Fe] e8$6 by the Public Trostee of Grand cnmty of the Deed of Tn1st :frail
Maxyvale, LLC and SUmdt Inves'brents, Inc. far the use of Colorado Camunity
First State Bank, to secure $185,000.00, dated July 22, 1996, arx1 recoLded
July 23, 1996, at Reoepticn N). 96006080.
:tOrE: Assignnent of Rents recxxded July 23, 1996, at Reoepticn~. 96006081,
given in ~1Iect1al with the above Deed of Trust.
(Coo:tiruJed )
F ~-T AMERICAN TITLE JlS.JRAK:E cx:MPANY'
~ (CD11:Jnued)
Order No. 117338 c-
6. Release by the Public Trustee of Grarx1 Camty of the Deed of Trust f:mn
Ma:ryvale LLC, a Colorado l.imi tad liability cx:mpany far the use of Regis Jesuit
Holding, Inc., a Colorado rx:n-profit caqx:lI:c&tial, to secure $1,000,000.00,
dated August 19, 1996, and recorded August 27, 1996, at Racepticn l-b.
96007315.
7. Ie 1 ease by the Public Trustee of Gram Camty of t:he Deed of Trust fran
Maxyvale, LIe far the use of c::ol.or'at:D Camuni ty First State Bank, to secure
$283,000.00, dated March 31, 1997, and recoLded ~ 9, 1997, at 1a:epticn
No. 97002917.
N:1I'E: Jl,ssigt_net1t of Rents rt:llC()l"ded April 9, 1997, at Recepticn No. 97002918,
given in ca.~ with the above Deed of Txust.
8. Deed fran MARWAIE LIe, a c::ol.or'at:D limited H~biHty CCIIpmy to A ElJYER rro BE
IE1'ER.aNED.
N:11'E: . Duly executed real ~~L~ transfer deo1Clrat:f.al, executed by either
tha GtdllWt: or., GLautec, to acx:rnpmy the Deed mentia:lSd above, pursuant to
Article 14 of Ib.1se Bill!t). 1288 - CR; 39-14-102.
'lHB CXMPANY' ~ THE RICH!' ro a::N:X.Cl' .AN AlDITICNAL SEARCH OF THE ~
IN THE OFFICE OF THE ctIR( AND ~ Pm ~ CXX1NlY, CX)UIWX) Pm
Jt.JJ:D.1ENl' LIENS, TAX LIJ::.S CR 0lBER SIMIIAR CR DISSIMILAR INVOWNl'ARY ~
A1-1:'lCl'JN:; '!HE ~ CR c:aw1'EES, AND ro MN<E SOCH AtDiTIalAL R1QJIRfM:N1S AS
IT DEEM3 NEJ ~, 1\F"I'm '!HE IDEN1T1'Y' OF 'mE ~ CR GAANr.EES HA9 BEEN
DISCTa;JOD ro '1HB CXMPANY.
I'-~""T AME1UCAN TI'1'IE DSU1WCE CXMPANY'
COMM.ITMENT
~Jf~ B
Sect:icn 2
~n.~
Order No. 117338 -C
'Jhe polley or poJic--les 'to be iSSl~ will cxntain ~ 'to the fol..l.owing ma'tt2rs
unless the same are di9()Osed of 'to t:he satisfacticn of t:he ~:
Arrf loss or damage, i1x::J.uding aLloa;Jey fees, by reasc:n of the matters shown below:
1. kty facts, rights, interests, or claims which are rm: stxJwn by the ~llc recDlds
but wh1d1 oould ascerta.ined by an inspec::tia1 of said 1ar:rl or by ~ ~ of
pe.:r9JlS :in pcsS'~1 00 tlB:eof.
2. Easements or cla:i.rrB of easements, rx>t sInoln by the public recaLOs.
3. Discrepancies, cxnflict:s :in bcu:1daxy lines, ~~ in area, enct:oad~II::dts, and
any ather facts 'Whid1 a ~~t:Ct su:z:vey \O.1ld rli ~1 ose and wh.i.ch are not stx:lwn by
the pl1bJ ie recax:ds.
4. 'Any lien, or right to a lien for sezvioes, labor or material. heretofore or h!.reafter
f\mU.shed, ~ by 1aw and not sOOwn by the plbllc recocls.
5. Defects, liens, enc:urbt;ata:es, adverse claims or oUi&" matters, if any, created,
first appearing in the PJbli 0 recaros or attaching subsequent 1:0 the effective date
l2reof, but prior to the date the pccposed :insured acqu1res of I:e!lOXd for va1ue the
estate or :intmest or uOt 19age t:herecn CXJUered by this Conn:1:bnent.
6. Taxes due and payable; and aqy tax, spec:f 81 &~ -= =' T9mehts, d1arge or: lien 1nposed
. for water or sewer service, or for any other ~ Al taxing dist:rict.
7. Right of the PJ::~letor of a Vein or U:de to ek.l.L~ am I:'a.lDYe his ore therefzan,
sIxuld the sane be found to penetrate or :intersect the premises he1:eby grantsd, as
reserved in Uu.:t:ed Statss Patent xeoat"ded April. 10, 1882, in Bcx:k 1 at Page 592;
~ 1, 1887, in Bcx:K 4 at Page 502; June 27, 1892, :in ax:k 13 at Page 295; Mard1
29, 1893, :in Bc:dc 13 at Page 318; April 1, 1895, in Bc:dc 13 at Page 361; June 9,
1908, in Book 34 at Page 175; July 18, 1908, in Bc:dc 34 at Page 182; N:7Jarber 12,
1943, in Book 90 at Page 526.
8. Right of way for di t.ches or canals CXXlSt:nJct:ed by the autf'.ari ty of the United
States, as rese:cved :in Un! tad States Patent recorded April 10, 1882, :in Book 1 at
Page 592; August 1, 1887, in Bc:dc 4 at Page 502; June 27, 1892, in Book 13 at Page
295; June 9, 1908, :in Boc:k 34 at Page 175; June 18, 1908, in Book 34 at Page 182;
May 3, 1915, in Book 53 at Page 441; April 27, 1918, in Book 53 at Page 481; May 3,
1922, in Book 53 at Page 537; June 1, 1925, in Book 53 at Page 610; Nc:M:!rrber 12,
1943, in Book 90 at Page 526.
9. Arrf and all di ld~ arx:l di 1x:h rights of way.
(Calt1nued )
l' ~T AMERICAN TITLE ll'SUIWa CXMPN<<
.- ~ -,. ..........-
EN.;&rl~CH; (CXXl1:.:i.mJed)
Order No. 117338 -<:
10. krf questial, Iii ~Jte or adverse cla:ims as to any loss or gain of land as a
result of any change in the riverbed locatial by other than natural causes, or
a1 teratial through acx::reti..al, re.lict::ial, erosial or evulsicn of the center
thread, bank, channel or flow of the waters in the I.e.laOO Creek lyinJ within
subject lard; arxi any questia1 as to the locatia1 of such center thread, bank,
bed or c::hannel as a legal ..:1_ ~).(lpt.i.cn m:::ru.m=nt or marker for the p..IrpCses of
describing or locating subject larm.
1'Ol'E: 'Ihere are no doc::ur<s in the land ~ds in the office of the Cl..e1X and
Reccu.der for Grarx1 Camty, Colacado, ac:x::urately lcx:ating past or p!e:it::ut
lcx:aticns of the center thread, bank, bed or dlannel of the abcNe river or
indicat:f.nJ any a1 terat:l.a1s of the sane as fn:m tine to tine nay have ocx:urred.
11. ~ rights, inteI:ests or easEW;a1e1J,ts in favor of the State of Colorado, the Url. tad
States of Aneric:a, or the Qe'Sl:al plbHc, whi.c::h exist or are c1.a:f.med. to exist in,
~, under and/or &.oi:u&:t the waters arxl pmsent and past bed arxl banks of the
Fraser River arxi I.elarxi Creek.
12. Easement and right of way for road pnposes, as resezved by Wi 11 of;:q Z. Ccrra'ls,
MaJ:y E. Cozens am Sarah A. Cozens in the Deed to Austin M. B&.l.Lal~, recat:ded
July 27, 1905, in Bock 22 at Page 338, said easement being mxe particularly
described therein.
13. EaseoleClt am right of way for road right of way plZpCses, as granted by Pegis
College to '!be Board of Camty Carm:Lssia1ers of the Camty of Gr:arxi by :lnst:rurent
reco.::ded February 14, 1934, in Bock 81 at Page 496, said easemaa:lt being lime
particularly described there:in.
14. Easement am right of way to cOu;::jLL\JCt, ~te, maintain am rem::Ne
CXDDUl1catial am uU~ fAt'!of 1 i ties, as granted by Regis F.o.)Cat.:l.cn Caq;oi::atia1 to
'1he M:Juntain States '1'el.e{ja1e arxi Tel.egrapl CC:opmy by :lnstxunent reaxded July
28, 1938, in Book 87 at Page 524; August 20, 1973, :in Bock 199 at Page 683; May
23, 1974, in Bcx:k ?Ul at Page 621 am April. 26, 1978, in Bock 244 at Page 382,
said easement being nare particularly described therein.
15. Easaalent and right of way for light and power 1:l.re pxqx:ees, as granted by Regis
Coll age to 'lt1e M:untain Ut:I..li ties Cotporatial by :lnstxunent zea:lCded July 6,
1946, in Book 95 at Page 178, in whid1 the specific 1cx:a:ticn of said easement is
rxrt: defined.
( Calt:1nued)
l"l..tC::)r AMmICAN TITLE DSURAN:E CXMPANY'
_ _ ..... --
ýÿ
EXl;t.;t'da6 (a:n1:i.nLed)
Order No. 117338 -C
16. Easerrent ani right of way to CXX1Struct an electric transmissicn and d.ist::ri.butiCXl
line, as granted by Regis cx>llege to M:untain Parks Electric Co., Inc. by
instIunent recox:ded l'bJember 18, 1953, in Bc::dc 107 at Page 1, in which 't:ba
specific locatial of said easement is rx>t defined.
17. Easement ani right of way to install, cca~LL\.x::t, IlBi.ntain, alter, repair,
rep'~, recx:I1St:ruct, operate and rem:JYe pipelines and related ~ far
the transpartatial of gas ar oil, as grantEd by Regis College to ~Je6te:m Slq;)e
Gas Carpany by instnment recorded Septe1be.r 30, 1969, in a:x::k 167 at Page 331
am OcLcLer 6, 1970, in a:x::k 173 at Page 807, said easement being rrore
partia1larly desc::rlbed therein.
18. Easement ani right of way to CDI:.au.\lCt, q;erate arxi maintain an electric
d.ist::ril:utia line or systan, as granted by Frank J. Jd1ns to M:JUntain Paxks
Electric, !ro. by instnment reaat:ded August 11, 1972, in a:x::k 189 at Page 206;
~ 2, 1977, in a:x::k 240 at Page 325 arxJ. Deloe!IIber 28, 1977, in Book 241 at
Page 897 am 899, said easemellt being rrore part:la.1larly desc::rlbed the:rein.
19. Easement and right of way 1:D instal1, CQ.)$l.uct, maintain, alter, repair,
:repl ~, X'&Xll.au.\JCt, operate arxi nm:Ne a sewer pi{X!l:lna, as granted by Regis
Fn.~t:l.a1al QAp:Aatia1 1:D Grand County Water arxJ. Sanitaticn District}lb. 1 by
instIunent nu:R.ded June 19, 1974, in EbJk 208 at Page 423 and 425, said easement
being nme part:la.1larly desc::rlbed therein.
20.. Easealleut am right of way for cxnrtruct:1ng, ~, altering, exteIxJ1.rq,
operating, i.nspecting, repa:f..rU1g, mainta.1n:lng am ret:lrlng an electric line or
system, as y.'caated by Aegis 10'.0. J08tialal. ~pax'at:i.al to M:Jun1:ain Paxks Electric,
Irx::. by instIunent recxxded Apr1l. 12, 1978, in Ikdc 244 at Page 111 and 112 and
N:Jvelber 19, 1980, in Bc:dc 283 at Page 408, said easement being m:xe partia1lar1y
desc::ribed the.re:in.
21. Easement and right of way for c:x:nstruct::in, ~, altering, exteIxJ1.rq,
operat:lng, i.nspecting, repa.ir:lng, mainta.1n:lng and ret:lrlng an electric line or
systan, as granted by Grand County Water and Sanitaticn District #1 to M::urt:a:in
Parlcs Electric, Irx::. by instnment ~ Febx:uaJ:y 22, 1978, in a:x::k 242 at
Page 974, said easemellt being nme partic:ularly desc::rlbed therein.
22. Easement am right of way 1:D CXX1Struct, cpe:rate, maintain, rep'~, reca.aLl\JCt,
enlarge, :lnproYe, repair and r:euD\Ie undergrc:uxl cx:mrunicatial line, as granted by
Frank J. Jcllns to 'ltle M:lunt:a:in States Telephale And Tel~ Carpany by
instIunent XecaLdeJ April 26, 1978, :in Ibok 244 at Page 383 and 440, said
easarent ~ nore particularly desc::rlbed therein.
(Qntinued)
l'"l.J:'<::jr AMElUCAN TITLE ~ cn-1PANY'
DLzl'r.l.C1'6 (cx:nt:iDJed)
Order No. 117338 -C
23. Easements and rights of way, as reserved by wal tar L. ~ far Frank J. Jd1ns in
the Deed to Ox1a1d N. Drake and James H. G.ibscn, recorded August 9, 1982, in Book
314 at Page 404, in which the specific locaticn of said easement is I'X:7t
defined .
24. Easement and right of way far water line, roadway and utility purpcees, as
granted by Regis-Mazyval.e, Irx:::. to East Grand Q:ulty Fire Prot:ecticn District !'b.
4 by instxunent re.oo.::ded NcM!mber 8, 1982, in Book 318 at Page 651, said ea.serrEnt
being DOra particularly described therein.
25. EasEmant and right of way to enter, lay, repair, maintain, remove, enlarge and
~te CXle or nore san1:tmy sewer pipelines, as granted by Hegis-Mazyvale, Ioo.
to IkI'lal.d N. Drake by inst:J:uIent reoo.a::Jed Dec:eomr 14, 1983, in Bode 341 at Page
155, said easenent being nore part:l.aJlarly described tl'erein.
26. Easenent and right of way for c:x:nrt:ruct:1n, re-cxxlS't:ruct, altering, exbn3:1ng,
cp!rBting, inspect:1ng, repairing, maintaining and zetirlng an e1ect::rl.c l:.I.ne or
system, as yLcurl:ed by Aegis Maxyvale, Inc. to M::llmtain Parks Elect:r1.c, Inc. by
instxunent ~ DeoeIlber 27, 1983, in Bodc 341 at Page 714, said ~~tt
being DOra part:lcu1arly described therein.
27 . J;'.=a~t and right of way for cxnst:ruct:ing, re-cxxlS't:ruct, al taring, exbn3:1ng,
cp!rBting, :lnspect:l.ng, repairing, maintain:l.rg and zetirlng an e1ect::rl.c l:.I.ne or
, system, as granted by 0:.'Ila.ld N. Drake and Janes H. (;jbeo'\ to M:untain Pa:dcs
, Elect:r1.c, Inc. by inst:J:uIent J:~Jed August 3, 1984, in Boc::k 355 at Page 122,
.' ,sa1.d easenEnt being ucre part:lcu1arly described therein.
28. J;'.A~t and right of way to OOlCiU.\JCt, cparate and ma.intain an e1ect::rl.c
, u.cuSJliss1on ar d1.st:r:l.l::ut line or system, as YLduted by ~ye GaroYscn to
M:luntain PaDc:s Elect:r1.c, Inc. by insb:unent recorded Jan.1ary 31, 1986, in Book
388 at Page 746, said easement be:lng nm:e part:l.cularly described therein.
29. Annexa:t:lon 1tgreeiltel1t by the Town of Fraser and Regis-Mazyval.e, Inc. recmded
Oo~ 21, 1986, in Boc::k 405 at Page 734 and a.~i9';i.leIrt:s ..cecx:u.Jed Apri.l. 6, 1994,
at ~!'b. 94003904 and March 19, 1996, at ~ l'i>. 96002291.
30. EasenEnt and right of way for eoxe&S pu:c:poses, as granted by Aegis-Mazyvale, roo.
m '!he Boaxd of Trustees of the "1'cw1 of Fraser by insb:unent recoLded Q;ld.Je.c 21,
1986, in Book 405 at Page 831, said ea.senalt being nore part:lcu1arly desc::r:f..bed
therein.
(Ccxlt:f.nued )
F ~.1.' AMERICAN TITLE IlGJRAN:E a:MPANY
~.l'.l.(H; (CXXli::lnJed)
0I:der No. 117338 -C
31. Easement and right of way for sn:::lW ::.t.ocage puxposes, as granted by
Regis-Maryvale, Inc. to 'l11e Town of Fraser by :i.ns'ttu1l:!nt ~Ued Noveni:sr 5,
1987, in Book 427 at Page 607, said eaEa/eut being rrore particularly desc:ribed
therein.
32. Easemant and right of way for ingress arxi eg.Le66 purp:ses, as reserved by Adan
lee M1ze am Mary Ca't:heri.na M1ze in the Deed to R:xics County Savings ;a.99OC1 at1cn,
1:EliCOl.ded N::M:mber 7, 1988, in Book 442 at Page f:I:Y7, sa:ld easaneht being rrore
partia1larly descrl.bed therein.
33. EaseaEnt and right of way far ~esd and eQL~ p1rpOSeS, as granted by lbXs
Calnty Savings Associ aticn to Aden Lee Mize am MaI:y Cat:he:r.ine Mize by inst:r:unent
recorded rb"Q,DeL' 7, 1988, in Book 442 at Page 609, sa:ld easaIBl.t be:1nJ rrore
partia1larly descrl.bed t:here:in.
34. F~l.t and right of way to CQaU::l.ICt, ~te, maintain, ~"T" and :r:-=p'~
ut:l.lity lines, as y.LGuted by Hegis-Ma%yYale, Inc. to PpbHo Service ~ of
Colorado by inst:nDIent zeoa.cded Dtab.ber 18, 1989, in Book 458 at Page 267, said
easBDent be:lng nare part:lcularly descrl.bed 1:here:ln.
35. Easement and right of way for ~ pnpcses, as granted by Juan AntaUo Penioao
to Almac Financial c.aqxxaticn by inst:nDIent :rElCO!ded July 7, 1994, at Reoeplia1
No. 94007475, said easement being mxe particularly descrl.bed t:here:in.
36. Town of Fraser Master Pa't::t.ae:y Plan reoorded Aprilll, 1995, at ~ Nl.
95002711.
~ . Ca1veyarx:s AgreemelJ.t as eviderx:ed by ~9C''' 9' a,leut Arxl AsslBpt:icn of Calveyanc:e
Ag.,Le.:saeut zeoa.cded April. 6, 1994, at Reoept:icn No. 94003903.
38. AJ.vrentaticn Plan as evidenced by :&~iQl~aealt And AsslBpt:icn of Augneldat:ia1 Plan
recorded April 6, 1994, at ~tial No. 94003905.
39. ~ and Annexaticn ~nent by the '1'own of Winter Parle and Maryval.e LIe
X'eOO(Jed SepLea.ber 5, 1996, at ~UcXl r-b. 96007616.
40. Fasement Deed ftan Maryval.e LIe to Town of Fraser recxn::ded ~llbeL 25, 1996, at
Reoepticn No. 96010400.
41. Reso1ut:l.oo. tm. 3-1-97 and 3-2-97 by the Town of Fraser Planning CC:mnissial
recutUed March 27, 1997, at ~L1allb. 97002391 and leoept1cn lb. 97002392.
( Caltinued)
1" .uC::t"T N6ICAN TI'I'IB ~ CD1PANY'
~.L'.I(H; (am1:iDJed)
Order No. 117338 -C
42. Eased&it and right of way far cx.ast:ructing, re-<::lalSt:ruc, altering, extend1ng,
operat:l.rv, 1nspect:lng, repa.1rlng, maintaining ani retiring an electric 1Jne or
system, as granted by MaJ:yvale, LtC to M:luntain Parks Electric, Ire. by
:inst:%ulEnt ~ded August 4, 1997, at Aece9Ucn No. 97006496 and Aeoept:icn No.
97006497.
43. Easetaleut of neo=-;-s'(ty far 'the pu:rpoee of 1ng.te.B'9 and eg..::e.:.& far 'the "Olurc:h
Pa:J:ceJ. " .
.:.
l' ~"'l' 1tME1UCAN TITIB naJIWCE (Do!PANY'
"- ...J?Io_...
... r
ýÿ
DISCLOSURE STATEMENT REQUIRED BY
COLORADO REVISED STATUTES
~1 0-11-122
Colorado Revised Statutes ~1 0-11-122 requires that "every title insurance agent or title insurance company shall
provide. along with each title commitment issued, a statement disclosing the following information:
(a) That the subject real property may be located in a special taxing district;
(b) That a certificate of taxes due listing each taxing jurisdiction may be obtained from the
county treasurer or the county treasurer's authorized agent;
(c) That information regarding special districts and the boundaries of such districts may be
obtained from the Board of County Commissioners, the County Clerk and Recorder or the
County Assessor."
NOTICE TO PROSPECTIVE BUYERS
OF SINGLE FAMILY RESIDENCES
(PURSUANT TO INSURANCE REGULATION 89-2)
A. "GAP" PROTECTION
When First American Title Insurance Company or its authorized agent, (hereinafter referred to as "Com-
pany"), is responsible for recording or filing the legal documents creating the estate or interest to be insured in
a single family residence and for disbursing funds necessary to complete the transaction, the Company shall
be responSible for any deeds, mortgages, lis-pendens, liens or other title encumbrances which first appear in
the public records subsequent to the Effective Date of the Commitment but prior to the Effective Date of the
Policy, provided the following conditions are satisfied prior to the Company's disbursement of the funds:
1, Properly executed documents creating the estate or interest are in the possession of the Company.
2. A fully executed Affidavit and Indemnity form signed by the seller and satisfactory to the Com-
pany is In the possession of the Company,
No Coverage will be afforded agalnst deeds, mortgages, lis-pendens, liens or other title encumbrances ac-
tually known to the proposed insured prior to or at the time of recordation of the documents.
Public Records as used herein means those records established under state staMes for the purpose of
imparting constructive notice of deeds, mortgages, lis-pendens, liens or other title encumbrances to purchasers for
value and without knowledge,
B. MECHANICS' LIEN PROTECTION
If you are a buyer of a single family residence, you may request coverage against loss because of
unrecorded claims asserted by construction, labor or material suppliers against your home.
If no construction, improvements or major repairs have been undertaken on the property to be purchased
within six months' prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded
liens will be payment of the appropriate premium and the execution by the seller of an Affidavit and Indemnity
form satisfactory to the Company.
If there have been construction, improvements or major repairs undertaken on the property to be pur-
chased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for
unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the
builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity Agreements satis-
factory to the Company; and, any additional requirements as may be necessary after an examination of the
afOresaid information by the Company,
No coverage will be given under any circumstances for labor or material for which you have contracted or
. agreed to pay.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBUGATE THE COMPANY TO PROVIDE ANY
OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY
SATISFIED.
C-3 (Commitment Notice)
Colorado
I
MAR
v I L L A G E
MASTER PLANNED DEVELOPMENT
PLANNED DEVELOPMENT DISTRICT (PDD)
APPLICATION
Submitted by Maryvale, LLC
December 1997
Revised March 1998
ýÿ
T ABLE OF CONTENTS
No.
1. EXECUTIVE SUMMARY
11. SITE LOCA'TION
A. Regional Context . . . . .
B. Setting .............
C. Surrounding Land Uses
Ill. SITE DESCRIPTION
A. TopographY,' ......
B. Vegetation........
IV. PROJECT DESCRIPTION
A. Deve\opment plan . . . . . .
B. Residential Component. .
C. Vi\\ageCenter ........
D. Other commercial/Office
E. planning Area Descriptions
F. Circulation ............
G. Traffic ...............
H. Water, Sewer and Drainage
\. Major Recreation/open Space
J. phasing .................
V. DESIGN GUIDELINES
A. Architectural Guidelines . . .
B. Hi\\side Design Guide\ines . . .
C. Commercial Landscape Guidelines
\6
\7
\8
5
6
7
7
8
\3
\4
\4
\4
\5
4
4
2
3
3
\
Page
ýÿ
IX.
APPENDICES
A. Zoning Application
VIll.
IMPLEMENT A TION
A. Proposed Zoning .' . . . . . . . . . . . . . . . .
B. DensitylSquate Footage 'fransfer Mechanistn
C. Building Heights .
D. Open Space...
E. Special Setbacks
f. Definitions
VII.
\tELA TlONSIIIl' TO 'fllE FRASER
COMPREIIENmVEPLANUPDA'fE
A. Environmental Quality ...........
B. Residential Land Use ............
C. commercial Land Use ..........
D. Parks, Recreation and Open Space. .
E. Utilities, Public Services and Facilities
F. Public Transit ...................
G. Regional Road Network ..........
H. Bicycle and Pedestrian Trails .........
\. Community i\ppearance, Image and Design
32
25
25
26
26
26
27
20
2\
2\
22
22
22
23
23
24
VI.
MARKET ANALYSIS
\9
Page
ýÿ
X. EXHIBITS
Exhibit A Preliminary Development District Plan; Recreation and Open Space;
General Land Use; Primary Circulation; and Development Plan Statistical Summary
Exhibit B . Phasing Plan
Exhibit C . Generalized Grading Plan
Exhibit D Traffic Impact Analysis
Exhibit E . Master Plan Study for Water, Sewer, and Drainage Services
Exhibit F . Applicant's Written Statement
Exhibit G Title Commitment
Exhibit H Adjoining Property Owners
Exhibit I - Market Study
Exhibit J - Percolation Test Results for Planning Areas IE, 2E, 3E, 5E, 6E, and 8E
Exhibit K Water Well Analysis for Planning Areas IE, 2E, 3E, 5E, 6E, and 8E
Exhibit L Utility Letters
Exhibit M Soils Reports
ýÿ
EXECUTIVE SUMMARY
ýÿ
Maryvale
described herein
The following document is a supplement to the Genen
Amendment and may also be referred to as the PDD Plan. I is
a zoning application to the Town of Fraser, which describes the
conditions and intent of the plan for the overall development of
Each Planning Area is more specifically
Village.
Plan
This
A significant portion of the site will be devoted to recreation/open
space uses, such as an I8-hole golf course, permanent open space,
hikinglbiking trails and recreation facilities associated with lodging
and support facilities for the community.
The plan incorporates a variety of economic activities, such as a
Village Center/Hotel complex, office and service commercial uses,
which will provide employment opportunities for area residents as
well as high quality tourist activities, facilities and services for
visitors.
The development plan includes a wide range of residential units,
within identifiable neighborhoods for both full and part-time
residents. Designed as a series of neighborhoods, each development
relates to the unique landforms and encourages compatible and
attractive developments.
The overall goal of the master planned development of Maryvale
Village envisions the gradual achievement of a comprehensive,
year-round resort and permanent resident community.
I.
EXECUTIVE SUMMARY
ýÿ
SItE LOCh tION
2
m
N.T.S.
The master planned village core of Maryvale Village is located
adjacent to the current downtown Winter Park "core area" and in the
center of new development activity, taking place in both Winter
Park and Fraser.
The project description section of this report elaborates on the
transition of this area to a preponderant destination status with
expanded year-round accommodations and features.
The 946-acre Maryvale Village site is located directly adjacent to
the developed portions of Fraser and immediately north of the Town
of Winter Park, Colorado. The site is situated approximately 90
miles west of Denver, conveniently accessed from the intersection
ofInterstate 70 and US Highway 40; less than a two-hour drive from
Denver International Airport.
The Grand County location is the site of one of the largest sk
mountains in the United States; the mountain complex is more than
50% developed and has been, for a significant time, the focus of a
day ski and limited destination facility.
A. REGIONAL CONTEXT
II.
SITE LOCATION
ýÿ
The Denver Water Board own
Village and the National Forest
the site. There is also a
s property to the west of Maryvale
Service manages land to the east of
arge private ranch to the west of the
property that currently remains forest land.
3
Adjacent
of commercial,
land uses in the Town of Winter Park to the south consist
single and multi~family residential.
Winter Park Ranch consists of both single and multi-family
residential properties. Land uses immediately to the north in the
Town of Fraser consist planned commercial and
multi-family.
of commercial,
The site is bounded on the north by the Winter Park Ranch and the
Town of Fraser; the Town of Winter Park to the south; the Denver
Water Board properties and a private ranch to the west and
southwest; and the Urban family property and Forest Service lands
to the east.
c. SURROUNDING LAND USES
The Fraser River flows in a northwesterly direction along the
eastern edge ofthe meadow area, while US Highway 40 divides the
site in the same direction. The Union Pacific Railroad maintains a
rail tine that winds along the gently rolling hills bisecting the site on
the west.
The Maryvale Village site is set within a large open meadow valley
with gently rolling terrain to the west and moderate to steep forested
hillsides to the north and east.
B. SETTING
ýÿ
MARYV ALE
~URROUNDING LAND USES
OEN'lER W" iE.R 80"RO
Mf:r..R~V ALE
\
-
-
\OLEW\LO\ 5l<\ "RE"
I "tOWN Of , , I
I tAll\SI \ \ \
~_) __~j____L- J
0' 2400'
-
--
,
,
\-
,
\
\
I
-,-
\
,
,
\
,
Mf:r..R~VALE
_-\----
\
\
,
\
---
--
--
-\
\
\
\
\
_--I
\"R"f' ",,",0
N" l\ON"L
FORE-51
\
I
'TOWN Of fR"5ER
URB"N
OE',/tlOPt.lEN,\,
W\NTER f'1\Rl< 'l4E.S'T
t.lEO'Ut.I
OENSIn'
I W\N1ER f' "Rl< R"NC,,",
t.lEOIUt.I HIGH OENSln'
RESOR'\' fRECRE" 1'\ON
'THOM"5 OR8"N
SITE DESCRIPTION
Two-foot contour mtervals are shown on the west side of US
Highway 40 and ten-foot contour intervals are shown on the east
side. This topographic information underlies all of the mapping
information as provided in the Planned Development District (PDD)
application.
4
The more gently rolling hills are located in the northeast and eastern
portions of Maryvale Vi\\age. Fraser River, bordering the eastern
edge of the meadow area, is the major drainage course of the site,
flowing in a northwesterly direction.
The moderate to steep slopes on the property rise above the meadow
area on the east side of the Fraser River
Primary tree lines are identified on the entire mapping shown as part
of the PDD application.
The 946-acre site is characterized by a large open meadow area and
tree covered land ranging from gently rolling to steep hillsides. The
topography of the site varies approximately 560:\: feet from the
highest elevation at approximately 9, \76 feet MSL in the eastern
portion of the site to a low of approximately 8,616 feet MSL at the
northwestern comer of the property
The eastern half of the property is characterized by coniferous
woodlands, with these woodlands sparsely scattered on the west side
of the property. The majority of the western portion of the site
consists of open grassland, pasture areas with coniferous woodlands
to the west. Wetland areas are found along some irrigation ditches,
in a few pasture areas and adjacent to. and in conjunction with. the
Fraser River.
A.TOPOGRAPHY
111.
SITE DESCRIPTION
B. VEGETATION
PROJEct DESCRIPtION
ýÿ
The area represented in the new Maryvale Village PDD includes
approximately 946 acres bisected by US Highway 40. The
5
See the PDD Plan attached as Exhibit
PDD application.
to this Maryvale Village
A substantial portion of the site will be devoted to recreation/open
space uses which are planned to include an IS-hole golf course,
Linear Park and Fraser River Trail, south and west facing slopes, the
river and wetland areas, water retention areas, hikinglbiking trails,
recreational facilities associated with lodging, and support facilities
for recreation and ski activities.
Village, w
valley
A
The new PDD has been laid out to take advantage of the
additional properties by reducing the impacts to stream corridors.
wetland areas and steep hillsides. The new plan places all of the
golf course development on the west side of US Highway 40,
removing development from the Fraser River riparian corridor.
In addition, the new plan organizes development to minimize
impacts to wetland areas. Existing wetlands have been integrated
into stream buffers, golf course open space and preservation
areas. Residential development has been moved off the steeper
hillsides and placed on gentler side slopes and the flatter portions
of the property.
The master plan complements the natural topography by proposing
curvilinear street patterns that are designed to stimulate clustering
within each land use area, thus creating individual villages.
Clustering encourages environmental protection and enhancement,
sound road and utility design, efficient site development and usable
open space.
optioned to the Town of Fraser and approximately 5 acres have
been transferred to 81. Bernard's Church.
hOle golf course.
The overa goal of the development plan for Maryvale Village
envisions a complete, year-round resort and permanent resident
community. This proposed community anticipates the gradual
development of year-round uses, including a Village Center/Hotel
complex, office and service commercial uses, community
residential, resort residential, and accommodations, featuring an 18-
property defines the southern most boundary of the Town of
Fraser and is adjacent to the northern boundary of the Town of
Winter Park. The land area included in the original POD has
been expanded to include approximately 234 acres acquired from
the Denver Water Board and located adjacent to the southwest
comer of the original property, as well as the acquisition of a 70
acre parcel west of US Highway 40, and contiguous to the
original PDD. In addition, approximately 50 acres of the original
PDD, located in the northeast comer, has been sold to an outside
party to allow them to expand their family property holding. In
the northwest comer of the original PDD, 3.6 acres have been
A. DEVELOPMENT PLAN
IV. PROJECT DESCRIPTION
Open space uses have increased by approximately 186 acres in the
new PDD Plan. The open space system includes pedestrian and
bicycle trails, parks, a golf course and a series of undeveloped,
passive recreation uses. The open space system is intended to be
integrated with other town park and trail systems and is described
in more detail in the following section of the written documents.
6
Planning Area 3W is designated for future Town of Fraser use or
affordable/attainable housing, at the discretion of the Town.
resulting
contemplates a broad range of land uses the
development of a series of neighborhoods that will consist of a
blend of residential uses including affordable/attainable housing,
single family neighborhoods, townhome and multi-family
development as well as a series of accommodation uses. In
addition, the PDD calls for a series of mixed use areas that
combine
commercial, residential and accommodation
in more diversity and richer pedestrian spaces.
will
uses
The new PDD is designed to support the existing comprehensive
community plan and regional growth management study in a
number of ways. First, the plan supports infill strategies by helping
to complete the community between the Town of Fraser and the
Town of Winter Park. This approach minimizes transportation and
utility impacts and provides for a variety of land uses within the
community as opposed to sprawl. Second, the mix of uses proposed
in the PDO are oriented toward the broad range of land lIses
described in the comprehensive community plan. The proposed
PDD provides a mix of uses integrated in a fashion that supports
future community needs and minimizes the impact to transportation
systems and sensitive environmental features.
The intensity of the development has been dramatically reduced
from approximately 5,500 residential units on 700 acres in the
original POD to approximately 2,755 residential units on 946
acres in the new PDD. In addition, the character of the
development types has been changed dramatically in the new
PDD. While the original plan contemplated the vast majority of
units to be second home transient in nature, the new PDD
oriented toward
The Fraser Valley Parkway reduces the dependency on US
Highway 40. The plan provides for a comprehensive approach to
transportation and includes a series of primary connections to the
rest of Fraser and the adjacent community of Winter Park. as well
as an interior system of roadways which provide access to each
neighborhood. The plan identifies a route for the Fraser Valley
Parkway that provides a north - south link through the
community. The plan also provides for an east-west linkage from
US Highway 40 toward properties to the west
B. RESIDENTIAL COMPONENT
7
a housing component.
The plan for
more traditional
Planning Area 1 W, south of Village Center Drive, is
retail and professional office with the possibility of
The plan for Planning Area 1 W, north of Village Center Drive, is
an open space component oriented toward plazas, pedestrian
walkways, boardwalks and recreation facilities. An active
recreation component is planned for within or adjacent to hotels and
may include such pay-and-play facilities as racquetball, handball,
tennis, bowling, skating, and pool and gym activities. There is also
the possibility of a housing component included in this Area.
In addition to the hotels, up to 360,000 square feet will be associated
with mixed uses including retail commercial, professional offices,
restaurants, theatres, and support services.
The commercial/office service facilities are situated for optimum
US Highway 40 exposure, complementing the Village Center uses.
while reinforcing the commercial area as the focal point and
operation center of the community.
The hotels are planned to provide rooms that are intended to be
used, rented or hired out as temporary or overnight accommodations
in conjunction with recreation, conference or resort uses.
Planning Areas 12E, 13E, and 14E wi be site planned to avoid a
'strip commercial" appearance through design standards. such as
offsetting of buildings and landscape buffering.
The focal point of the community is the Village Center, Planning
Areas 1 Wand 4W, conveniently located adjacent to US Highway
40 in the southern portion of the project site. The Village Center is
planned to include retail convenience facilities, hotels, golf shop and
clubhouse, restaurants, meeting facilities, a possible outdoor ice
skating rink, support service facilities and other transient user
activities, along with the provision of affordable/attainable housing.
4E. These Planning Areas are
Highway 40 at Cozens Ranch Road and contain 3
respectively. Commercial/office uses will be allowed
Planning Area.
Other commercial/office uses,visitor-oriented service. and support
commercial uses wi characterize Planning Areas 12E, 13E. and
ocated on the east side of US
5. and 6 acres.
1 each
C. VILLAGE CENTER
D. OTHER COMMERCIAL/OFFICE
ýÿ
llLANNING AREA DESCRIlltIONS
distribution of a municipal water and sewer system.
These Planning Areas will be developed as single family residential
units with the lowest average density in the Maryvale ViHage
development, excepting Planning Area 12W. The Planning Areas
are expected to have an average gross density of approximately .36
units per acre. Combined, the Planning Areas equal approximately
200 acres and are expected to include up to 71 units at build out.
Units are expected to be single family homes utiJizing welJ and
septic systems in a large lot development format. The maximum
building height allowed in these Planning Areas is 35 feet. As an
alternative, if well and septic is not feasible, density wiJI be
increased to 616 total units in these Planning Areas to alJow for the
8
Planning Area 9E consists of approximately 20 acres and is planned
for higher density townhomes and/or condominiums. The Area is
gently sloping to the west and includes woodland cover that will
help to minimize visual impacts when development is viewed from
US Highway 40. It includes views to the Fraser River and is
surrounded by wooded hillsides to the north and east. A public
park, at a minimum of one-half acre in size, will be required to be
developed in this Planning Area. Zero lot lines will be allowed in
this Planning Area. The maximum building height allowed in this
Planning Area is 45 feet.
Equestrian and cross-country
all eastern Planning Areas.
In Planning Areas that are al
to the following setbacks:
and 7 feet in the side.
EASTERN PLANNING AREAS
ski
residential, all structures shall adhere
20 feet in the front, 10 feet in the rear,
Planning Areas 7Wb and 7Wc are exempt
from these setback requirements as clustering will be utilized in
these Planning Areas. Variances from these setbacks may be
requested by the developer at Final Planned Development Plan
(FPDP) submittal.
2E. 3E._SE
trails
wi!
be an allowable use in
this Planning Area
Planning Area 7E has been planned to accommodate approximately
56 single-family residential units, averaging a little less than 2 units
per acre on this 3 I-acre parcel. In addition, Planning Area 7E may
include a small lodging facility with up to 60 lodging units. This
Area includes the potential for a future roadway connection to the
Town of Winter Park. The maximum building height allowed in
is 35 feet.
Planning Area 4E consists of approximately 47 acres that is
designated as open space and will be dedicated to the Town of
Fraser per the terms of the Annexation Agreement.
7E
The following are brief descriptions of the proposed development
character of individual planning areas in Maryvale Village. These
descriptions are provided to reveal the general design intent of each
area and the possible product or building types to be developed
AREAAE
E.
PLANNING AREA DESCRIPTIONS
These Planning Areas are adjacent to US Highway 40 and are
proposed for a variety of mixed uses, which may include residential,
commercial and/or lodging development. Planning Areas 12E and
14E will require access off US Highway 40, while Area l3E may
have limited access on US Highway 40. These Areas are intended
for higher density residential development, small hotels (Planning
Area 14E excluded) and/or restaurant, office or retail development.
"Strip commercial" appearance shall be avoided in these Planning
Areas by utilizing design standards such as offsetting buildings and
providing landscape buffers. Zero lot lines will be allowed in this
Planning Area. The maximum building height allowed in this
Planning Area is 35 feet. A special building setback along US
Highway 40 has been designated as 75 feet.
PL
This Planning Area is approximately 10 acres in size and is planned for
up to 144 units. The proposed development is similar to the uses
proposed in Planning Area 9E and is likely to include condominiums
and/or town homes. The Area has good access to US Highway 40 and
attractive views to the Fraser River. A Fraser River Trailhead parking
area will be developed for 8 vehicles in this Planning Area. The
Cozens cemetery will be protected by dedicating it to an appropriate
local agency for management and maintenance. Zero lot lines will be
allowed in this Planning Area. The maximum building height
allowed in this Planning Area is 4S feet.
A
12E
13E
lAE
9
This Planning Area consists
proposed for 144 residential units.
Area will be affordable/attainable housing units located in a wooded
setting, with close proximity to the Village Center. Zero lot fines
will be allowed in this Planning Area. The maximum building
height allowed in this Planning Area is 45 feet.
Planning Area
in the previous section.
A~W
and is
in this
is described in more deta
is approximately 33 acres in size
and is expected to include up to 450 residential units, 600 lodging
units and/or 300,000 square feet of retail space. The area is
expected to include multi-story buildings developed in a dense.
active, village orientation with a mix of uses often included in
individual structures. 20% of any residential units constructed in
this Planning Area will be required to be affordable/attainable
housing. Zero lot lines will be allowed in this Planning Area. The
maximum building height allowed in this Planning Area is 75 feet
for hotels/lodging and 50 feet for all other uses. A special building
setback along US Highway 40 has been designated as 75 feet. In
this Planning Area, no building over 50 feet in height wi be
allowed within 100 feet of the US Highway 40 right-of-way
LANNING
NING AREA 2W
of approximately 8 acres
All residential units built
W - The Village Center
This area
LANNING_AREAllE
WESTERN PARCELS
ýÿ
o
right-of-way.
Planning Area 4W is an area of approximately 14 acres,
immediately adjacent to the golf course. This Area is expected to
include the Clubhouse integrated into a hotel of up to 400 units, 100
residential units including townhomes and condominiums and
60,000 square feet of commercial space. This Area is expected to
be of mixed use with an orientation that allows for pedestrians to
move freely from use to use. A reasonable landscape buffer will be
developed at the northeast comer of the Planning Area to help
minimize the visual impact of the development from US Highway
40. Zero lot lines will be allowed in this Planning Area. The
maximum building height allowed in this Planning Area is 50 feet.
A special building setback along US Highway 40 has been
designated as 75 feet. No building over 35 feet in height will be
allowed between 75 feet and 200 feet from the US Highway 40
This Planning Area has been reserved for the maintenance fac
associated with include
This Planning Area is approximately acres
for up to 180 townhome and condominium units as wel
of up to 60 units. The majority of this property is
treeline allowing the development to be substantially screened when
viewed from US Highway 40. Although the lots may extend beyond
the treeline area, most structures will be located behind the primary
tree line as shown Zero lot lines will be allowed in
allowed in this
the golf course. It wi the maintenance
building, parking for employees and a storage yard. This Area
offers an opportunity for portions of the building to be benched into
the topography minimizing the visual impact from a distance. The
maximum building height allowed in this Planning Area is 35 feet.
ity
this Planning Area
Planning Area is 45 feet.
on the parcel
The maximum building height
7Wa
in size and planned
as a
lodge
behind the
LANNING AREAAW
Planning Area 3W is approximately one acre and is being reserved
for dedication to the Town of Fraser for public use. Alternatively,
at the discretion ofthe Town, this Planning Area would remain in
the ownership ofthe applicant, or its successor, and be developed as
affordable/attainable residential townhomes, condominiums or
apartments. Zero lot lines will be allowed in this Planning Area.
The maximum building height allowed in this Planning Area is 35
feet.
Planning Area 5W is approximately 20 acres in size and is proposed
to include up to 419 townhome and condominium units as well as
a lodge of up to 60 units. The Area has attractive views to the north
and east looking over the golf course toward the hillsides on the far
side of US Highway 40. Development in this area is expected to be
tightly clustered and consisting of multi-family product. A public
park, at a minimum of one-half acre in size. will be required to be
developed in this Planning Area. Zero lot lines will be allowed in
this Planning Area. The maximum building height allowed in this
Planning Area is 45 feet.
LANNING AREA 3W
LANNING
A_~W
This Planning Area is approximately 4 acres in size and is planned
for up to 81 units. The Area is likely to include condominiums,
townhomes and/or apartment uses. Buildings will be oriented to
look over the golf course and park, while minimizing the negative
views to the northeast, toward the fear of the commercial
development. Zero lot lines will be allowed in this Planning Area.
The maximum building height allowed in this Planning Area is 35
feet.
PLANNING AREA_8W
11
Planning Area 11 W contains approximately 82 acres. It is intended
to consist of up to 171 single-family homes planned at
approximately 2-2.5 units per acre. The majority of lots will have
attractive golf course orientations with a number including distant
views to the northeast. A series of flag lots will be developed
between holes 16 and 17 in order to minimize the impacts
associated with roadway construction. Future roadway connection
points to the west have been identified within this parcel. The
maximum building height allowed in this Planning Area is 35 feet.
Planning Area 7W c consists of approximately 9 acres and is planned
for up to 17 units. It is intended to be developed as a transitional
product with clusters of single family development with views of
the golf course and to the hillsides across US Highway 40. Single
family homes will be developed in pods allowing views of the trees
behind these parcels to break up the mass of the architecture. The
maximum building height allowed in this Planning Area is 35 feet.
PLANNING_AREA 7Wc
Planning Area OW is approximately 0 acres in size and is
proposed for 144 units, which may include a mix of single family,
townhomes, condominiums and apartment units. While the majority
ofthe development will be oriented toward the golf course and open
meadow, higher density development will be utilized to buffer the
railroad tracks. The maximum building height allowed in this
Planning Area is 35 feet.
AREAllW
Planning Area 7Wb consists of approximately 8 acres and is
planned for up to 16 units. It is intended to be developed as a
transitional product with clusters of single family development with
views of the golf course and to the hillsides across US Highway 40.
Single family homes will be developed in pods allowing views of
the trees behind these parcels to break up the mass of the
architecture. The maximum building height allowed n this
s 35 feet.
PlannlOg Area
AREA lOW
Planning Area 9W is approximately 12 acres in size and planned for
up to 130 townhome and condominium units. The parcel includes
a large flat bench on top with a series of sloping ridges that will
allow units to be built into the slope and stairstepped down the
hillside. Zero lot lines will be allowed in this Planning Area. The
maximum building height allowed in this Planning Area is 35 feet
fLANNIN!iARE
7W_b
Planning Area 13W contains approximately 170 acres. It is
intended to consist of an I8-hole golf course and will be subject to
the criteria as set forth in the Audubon Signature Status Program for
Golf Courses. It is interlaced throughout the planning areas on the
west side of US Highway 40, and includes an associated clubhouse
facility (clubhouse to be located on Parcel 4W). The golf course
helps to preserve the large meadow area open space experience and
will incorporate a series of mounds and native plantings designed to
minimize the visual impact of the golf course along US Highway
40. The back nine of the golf course climbs through the wooded
area south and west of the railroad tracks. The golf course will be
developed so that this portion of the project is developed in a cut
area. providing fill to be placed on top of the cobble areas in the
meadow. Cross-country ski trails will be an allowable use in this
Planning Area. The residents of the Town of Fraser will be allowed
to use the golf course, at market rates, and subject to all rules and
regulations ofthe owner, even ifthe course is developed as a private
facility.
12
PLAriNING AREA 13W
Planning Area 12W consists of approximately 44 acres including a
high plateau. It will be developed as single family residential units
with an average gross density of approximately .45 units per acre or
a maximum of 20 units. Units are expected to be single family
homes utilizing well and septic systems in a large lot development
format. As an alternative, if well and septic is not feasible, density
will be increased to 47 total units to allow for the distribution of a
municipal water and sewer system. This Area will include a looped
roadway system climbing a series of steep slopes and allows for a
future roadway connection to the north. The maximum building
height allowed in this Planning Area is 35 feet.
PL~NIN
2W
The golf course will be developed per the criteria as set
Audubon Signature Status Program for Golf Courses
assure an environmental and wildlife sensitive golf course
The golf course will be accessed
Highway 40 and parcel4W and will
Clubhouse located within Parcel 4W
Clubhouse facility is expected initially to consist of approximately
5,000 _ 8,000 square feet of space oriented toward the pro-Shop.
restaurant, snack shop and a series of offices. Over time. the facility
may be expanded to a size of up to 30,000 square feet including
banquet rooms, a full restaurant, men's and women's locker rooms.
workout gyms, daycare, lounges and additional storage facilities
forth in the
This will
from the intersection of US
include a parking facility and
close to Hole No. I The
Cozens Ranch Road, an "east side" collector pro~iding access to the
hillside resideotial parcels, augments Maryvale Village Dri~e. bl
addition, per the request of the 'fown of Fraser, the PDD Plan
anticipateS a series of fututc connections to the 'foWO of Winter
ParK and other adjacent de~elopments in the ful\lTC in order t<l
promote an inlegrated road networK within the com~unity. While
specific alignments are dependent upon other partles, the access
across parcels I I'. and 71'. will be maintained until released bJ the
appropriate Town officials.
i\ Key secondary roule 's Cozens RanCh Road and Maryvale Village
Dri~e pro,iding access from the hillside residential areas in the east.
through the Village Cenler bUsioess core and residential areas to the
west. E,entllaIlY, a grade_separated crossing will OCCur on
Maryva\e \Tillage Drive.
The major acceSS to Mary"le Village is pro~ided by US \-lighWllY
40, which bisects the community in a northwesterlY direction as it
runs from Winler ParK to fraser. The circulation system for the
community is baSCd upon a public collector that pro~ides access to
..rious planning areas of the project (see Primary Circulation
System on Page 2 of the PDD plan attached as Exbibit i\ to this
Maryva\e vi\\age 'PDD application).
F . CIRCULATION
\3
The Fraser ValleJ ParKway is proPOsed to be located on the east
side of the Union Pacific Railroad right-of-way with its roadway
sections on the Maryvale Village property. This road will pro~ide
accesS to the Planning i\reas in the northwest comer of tile
community, residential encla~es adjacent to the golf course and the
Village Center as it connects with US HighwaY 40 to the south. The
extension of \..ion's Gate Road, in Winter ParK, will connect with
Fraser Valley ParKway at a point directly south of the village
Center.
ýÿ
The new PDD Plan includes an open space system that consists
of a series of trails, riparian and hillside preservation areas, a golf
course, and a series of connections to adjacent parcels. The
original PDO consisted of approximately 188 acres of open space
(including the golf course) and the new PDD includes a total of
374 acres of open space (including the golf course).
4
The golf course and driving range facility is composed of
approximately 170 acres of open space located along portions of
the meadow and in the treed areas in the southwest portion of the
site. Approximately 5 holes are located on the meadow adjacent
to US Highway 40. The holes are positioned to minimize the
visual impact from the highway and maintain the open look and
feel ofthe area. Approximately 50% of this area will be planted
in native grasses organized in large expanses in order to maintain
the visual integrity of the meadow. In addition to winding
through the meadow, the golf course crosses and meanders along
a series of wetland areas. No fencing or night lighting shall be
constructed on the driving range.
I.
P.R. Fletcher & Associates has developed and submitted a Master
Plan Study for Water, Sewer and Drainage Services dated December
1997 and revised February 1995. The plan and corresponding
narrative is attached as Exhibit E to this Maryvale Village PDD
Application. See also Percolation Test Results for Planning Areas
IE, 2E, 3E, 5E, 6E, and SE attached as Exhibit J and Water Well
Analysis for the same Planning Areas, attached as Exhibit K.
MAJOR RECREATION/OPEN SPACE
connecting corridors allow a trail system to be developed on the
eastern portion of the property which connects to forest service
land. This open space system also includes the Fraser Trail
and a trailhead parking area to be 11 E.
River
located in Planning Area
A series of open space/preservation areas have also been
proposed on the eastern portion of the property and include the
Fraser River, adjacent riparian areas and visually sensitive and
steep hillside areas. In addition, a series of natural draws and
H. WATER, SEWER AND DRAINAGE
Leigh, Scott & Cleary, Inc. has prepared and submitted a Traffic
Impact Analysis dated March 6, 1995. This Traffic Impact
Analysis is attached as Exhibit 0 to this Maryvale Village PDD
application.
G. TRAFFIC
Bike trails are intended to run parallel to the Fraser Valley
Parkway and along Village Center Drive and Maryvale Village
Drive, east of the railroad. In addition, this bike trail will cross
US Highway 40 and connect to the Fraser River Trail. Pedestrian
trails will follow this same route and branch off the Fraser River
Trail along open space areas, providing access for hiking and
cross-country skiing on a wilderness trail system
ýÿ
Generally, phasing of development is proposed to initially involve
the upper east side of the property, then move to the golf course,
commercial, lodging, and residential uses adjacent to the golf
course. Further phasing will be coordinated with the development
of the roadway and infrastructure systems. Infrastructure
improvements and policy conditions shall be successfully resolved
prior to or concurrent with each increment of development on an as-
needed basis. If well and/or septic systems are not used in Planning
Areas IE, 2E, 3E, 5E, 6E, and 8E, and a municipal water and/or
15
relationships between the phasing of development
within Maryvale Village and implementation of the
community circulation system;
.
development and timing of infrastructure and other
improvements, and available financing mechanisms;
.
current trends in housing demand and
absorption rates of market rate dwelling units;
The phasing of development
factors that influence project i
and future
.
for Maryvale Village
mplementation and wi!
shall reflect
include
PDD application
See the Phasing Plan attached as Exhibit
B
to this
Maryvale Village
J.
See Recreation and Open Space on Page 2 of the PDD Plan
attached as Exhibit A to this Maryvale Village PDD application.
PHASING
It is important to recognize the fact that the variability of market and
economic conditions may alter the estimated sequence of individual
planning area development.
The open space system provides a framework for organizing the
neighborhoods within the project and a series of interconnections
to the surrounding community. In addition, open space has been
located in an attempt to maintain key visual corridors as one
moves along US Highway 40.
sewer system is constructed, then these Planning areas will be
developed in one of the later phases of the project. Also. if market
or economic conditions change. phasing will most likely start in the
northwest Planning Areas of Maryvalc Village.
ýÿ
DESIGN GUIDELINES
ýÿ
6
AI
adjacent residential
service areas should be screened from major streets and
areas
Structures with long uninterrupted exterior walls should be
avoided. Walls should have varied forms to create shadows,
can "soften" the architecture
providing relief that
.
Unsightly, mechanical equipment should be screened from
street view and any residential areas
.
The architectural design of buildings should consider the
site, relationship to other structures, scenic views and
climatic orientation
.
Commercial structures should accentuate and promote tne
"mountain resort village" character through the consistent
use of materials, colors and detailing
.
The "mountain
graphics, signing,
landscaping.
resort village"
colors, street
theme
furniture,
should prevai
Jighting
In
and
.
Openings in buildings should be accented architecturally
through indentation, framing and roof variations.
.
Natural materials, such as wood, stone and masonry
be encouraged as building or accent material
.
Structures adjacent to the golf course should provide visua
interest in the treatment of primary elevations including
varied setbacks, elevation variations, architectural features,
etc.
.
The following guidelines are
for the design of residentia
Maryvale Village.
The architectural theme
reflective of a "mountain
should blend with the natural environment.
should
and building fonn should be
resort village" character and
.
Buildings along community edges should provide a variety
in elevations with differing setbacks and varied orientation
.
ntended to provide general guidance
and commercial development in
.
The finish color wall areas should be natural
earth tones; however, limited accent colors of compatible
schemes may be used for trim, window areas. stairways.
balconies, doors, etc.
A. ARCHITECTURAL GUIDELINES
.
of genera
Architectural screens or
should be compatible with the
the main building.
fences and accessory structures
material, color and texture of
provide other solutions that
The design guidelines are provided to promote a quality mountain
village project while establishing the overall physical framework for
the community. These guideline statements were created to express
ntent" rather than "absolutes" flexibility to
thereby allowing
may fulfill the intended design
.
.
Roof flashing, rain gutters and downspouts. vents and other
roof protrusions should be finished to match the adjacent
materials, colors and textures.
V. DESIGN GUIDELINES
.
Grading requirements for any slope should not exceed that
of a 3: 1 slope, except for critical roadway conditions where
other choices do not exist.
7
An elevation five (5) feet higher than the lowest grade
when the sidewalk or ground surface described in Item
(1) above is more than five (5) feet above the lowest
grade.
Contour grading should be utilized to blend with natural
grades. Both blended and variable slopes (2:1,3:1, and 4:1)
should be employed where possible to restore a natural
appearance to the transition between open space and graded
areas
(2)
The elevation of the highest adjoining sidewalk or
ground surface within a ten (10) foot horizontal distance
of the exterior walI of the building when such sidewalk
is not more than five (5) feet above
or ground surface
the lowest grade.
.
The clustering of residential units should be utilized
preserve existing landforms and sensitive resources.
(1)
.
to
Building siting should consider the preservation of privacy
and maximum utilization of open space, natural amenities,
grade differentials and slopes.
The height of a building is the vertical distance above a
reference datum measured to the highest point of the
structure. The reference datum shall be selected by either
of the following, whichever yields the greatest height of the
building:
.
The siting and design of residential/lodge structures should
ensure that they blend with the natural terrain in an attempt
to minimize grading operations and avoid dominating the
andform as viewed from valley floors.
.
the natural topography
of anticipated use and
character of the neighborhood, as well as conform to road
standards set forth by the Town of Fraser.
Streets should be designed to follow
and sized based on the amount
.
The following guidelines are intended to provide general design
criteria that will promote high quality hillside development within
the steeper portions of Maryvale Village.
.
Development on
discouraged. This
topography exceeds
than 200 feet in that
In 30% be
..IU apply the
30% for a lateral distance of greater
minor topographic variations do not
constitute major slope conditions.
slopes greater
restriction sho" U
sha II
where
B. HILLSIDE DESIGN GUIDELINES
Commercial
with seating areas, courtyards, plazas,
to the pedestrian
landscaping, etc.
.
from the site and minimize visual
site from a distance.
Structures should be oriented to maximize view potentia
impacts when viewing the
.
.
centers should be oriented
The character
compatible and
neighborhoods.
of commercial buildings
complementary to the
should be
residential
.
.
Architectural
designs should be encouraged
grading.
solutions such as terraced or downhill unit
to minimize the amount of
ýÿ
All required setbacks, abutting a public right-of-way should
be landscaped.
8
.
All planting should
maintained to ensure
be adequately
their viability
irrigated
and
Vegetation indigenous to the area should be emphasized
in the landscape concept.
.
Where commercial areas abut open space (i.e. golf course,
linear park), building elevations should be softened with
vegetation of varying heights and textures to create interest
and variety.
.
Monumentation, special. textured paving, flowering
accents and shrubs and the use of specimen trees should
be incorporated to generate interest at entry points.
.
Vegetation should be mass
emphasize project entries,
assist in unifying the
character.
planted in key areas to
define circulation patterns and
overal community landscape
.
.
The horizontal foml
should be softened by
Landscaping for key intersections should be designed to
add accent to the community and provide direction
toward the major commercial activity areas.
of any continuous walls or
landscape planting.
fences
.
The landscape theme and palette established for commercial
areas should be compatible with the "mountain resort
village" character and blend with the existing natural tree
and vegetative forms
.
Street trees should carry the landscape concept through
the Village Center area to provide a sense of continuity.
.
The following guidelines are intended to provide general
design criteria for the various commercial areas in
Village
landscape
Maryvale
.
All utility
equipment should be
combined use of fencing and landscaping.
storage
screened from
and
vIew
maintenance
through the
C. COMMERCIAL LANDSCAPE GUIDELINES
.
connections,
The formal planting of trees should be mcorporated in
pedestrian plaza areas to define circulation patterns and
create areas of focus.
the bench
Fraser and
suitabl
in size
the appropriate consultants.
For every 25 vertical
e bench will
from 4 to
IS
feet of exposed slope (cut or fill), a
be devised for plant material and range
o feet in width. The precise dimension of
to be a joint resolution between the Town of
.
.
A minimum of
be landscaped
Existing trees should be preserved wherever possible. The
natural tree cover should be preserved within the setback
imits for roads and perimeters within the Village Center.
5% of individua
project
site areas should
.
.
The height of a stepped or terraced building
height of any segment of the building.
is the maximum
.
M.ARKEt ANAL ~SIS
ýÿ
'f\1K Associates, Inc. has prepared and submitted a \.,and Use
Market i\nalysis dated May 22, 1996 and {C'lised i\ugusl 22, 19')6.
portions of \his analysis are attached as Exhibit I to this Maryvale
vmage PDD application.
VI.
MARKET ANALYSIS
\9
ýÿ
RELA tIONSllIP to FRASER
COMPREllENSI\TE PLAN \JPD~tE
drainage course
recreation and resource preservation. The open space program for
the community includes an I8-hole golf course located in the large
open meadow in the western half of the property, and in the
woodlands west ofthe railroad tracks. The golf course was moved
from the river corridor (as originally planned) to minimize the
impacts to wetland and riparian areas. A major Linear Park along
the Fraser River is provided to preserve and protect this key
20
The Maryvale Village
sensitive natural areas
PDD Plan seeks to preserve unique and
through the extensive use of open space for
A. ENVIRONMENTAL QUALITY
The Maryvale Village PDD Plan is proposed to be consistent and
compatible with the long-range comprehensive plan. The following
is a brief discussion of the relationship of Maryvale' s plan to the
goals and objectives of the comprehensive plan update.
The Fraser Comprehensive Plan Update of April 1986 addresses
recent development trends and issues within the Fraser Valley and
East Grand County. The study presents growth projections that
reveal tremendous increases in resident population, lodging and
commercial square footage demands in East Grand County, of
which Fraser Valley is the major growth generator. Generally, the
objectives and policies (planning guidelines) of the 1981 Fraser
Community Plan are still appropriate. The plan update contains
modifications and additional policy statements to the previous plan
that focus 'primary annexation area" in which Maryvale
s
Village
upon a
ocated.
Additional environmental resource policies include statements
regarding Fraser's intent on improving flood plain performance
standards, implementing necessary regulations to maintain good air
quality, and the improving of regulations for implementing an
adequate storm water drainage system. The intent of the Maryvale
Village PDD is to comply with the various standards and regulations
set forth, or to be established, that relate to flood plains, air quality
and drainage. For example, the majority ofresidential areas will be
restricted to gas burning fireplaces in an attempt to minimize air
quality impacts.
Clustering of residential development in key areas is another feature
of the plan that ensures the provision of adequate open space within
the developable portions ofthe community thus minimizing adverse
environmental impacts.
The golf course will be developed per the criteria as set forth in the
Audubon Signature Status Program for Golf Courses to assure an
environmental and wildlife sensitive golf course
VII.
RELA TIONSHIP TO THE FRASER
COMPREHENSIVE PLAN UPDATE
i\O additional plan policy relateS to tourist res~dential a~s
re arding tbe need for careful design in promotIng a posl~we
a;hitectural and environmentallY sensitive image for a un,que
visitor e~perience, 'f 0 enSUre the ~"'" d,esign of \hese areasd
architectural and design guidelines are proVIded to promote an
maintain \he "mountain village" cnaracter,
strate ies have beetI modified
Neighborhood developmen~ ~ ~pt to broaden tbe variety of
significantly in \he new plan In ;ne:s:re more permanent housi~g
housing types ,developed an 't In fact a number of planOlng
opportunities wIthIn the communlY' 'd~ affordable/attainable
Meas have been deSIgnated to proVI
housing.
Mal')"lale Village responds to long-range goa~s for resid~ti~1
development b)' providing a variety of housIng. types ~\htn
identifiable neighborhoodS for both full and part-time resIdentS,
Designed in separate residential neighborhoods, each developnten~
relates to the unique landforms and encourages compatIble an
attract\\le development t)'pes.
B. RESIDENTIAL LAND USv.
2\
" as resented in the comprehensive
commercial land use pohc\eS, 1 p t' of tourist commercial
\ t; to the oca tOn .
plan update, re a e, " 'ntation and acceSS and pubhC
development, ~an actiVIty otle s' a "\li\\age center'" and
\ V'\\age Plan propose .
transit. 'j'\le Maryva ~ I "\ t be located at the planned major
supporting commercl~1 actlVl ~~ a:d Maryvale \Tillage Drive, The
intersection of US J.\lghway , rates pedestrian plaza areas
Pronosed \Tillage Center Incotp<> ,,'\de maximum on~S\te
1'. \ d mi1t.ed uses to pro. . \
surroun~'ng ~o:e an rom US J.\ighway40 to tbe commerc~a
perleslf\l\n actWlty, ,i\Ccess f, II ctor roads are provided whIch
areas is limited as tntersectlng c~ ~ nsit connections to and fron'
will also facilitate \he use of pub IC ra osed to the south of the
. cia\ uses are prop .
the area. SefV\Ce commer US H' \.'ua~ 40 which \S cons\stent
d d' cent to \g"";' . .
Vi\\aae center an a)a 'a\ landscape gu\de\\nes
~ . A dd'( nally commerc\ . f
wi\h plan pohCY' ," 110 h de<\uate provision and deSIgn 0
are contained bereln to assure tea
landseaping for commercial developments,
c. CO~RClAL LAND USE
Established policies related to utilities and public facilities
emphasize the importance of understanding the impact of new
development, strategizing the provision of utilities and services and
the necessity of developer participation in terms of financing such
improvements. The comprehensive plan update includes a revised
policy regarding the integration of new development storm
drainage/runoff and retention systems into Fraser's approved
Drainage Plan. It is the intent of the Maryvale Village proponents
to ensure that the project will comply with the approved drainage
plan and that adequate utilities will be provided to serve the
community through controlled phasing and developer participation.
22
E. UTILITIES, PUBLIC SERVICES AND FACILITIES
These
racquetbal
activities.
facilities may
handball,
include such pay-and-play facilities as
tennis, bowling, skating, pool and gym
A revised policy statement in the plan update states that Fraser will
actively strive to implement the development of an indoor/outdoor
recreation facility in the primary growth area of the Town. The
proponents of Maryvale Village will exercise best efforts to develop
active indoor/outdoor recreational facilities in with
commercial and hotel
development
conjunction
within the Village Center.
The Village Center is envisioned as being the major activity center
and staging areas of the Maryvale Village community located at US
Highway 40 and Maryvale Village Drive. This area will act as a
major transit link to other commercial nodes in Fraser and Winter
Park. To provide for adequate movement of buses, areas designated
for transit stops will be incorporated into the various road rights-of-
way to ensure non-blockage of moving lanes. The issue of transit
stops is a principle of design and should be a mandatory element at
the precise design review stage.
The proposed Maryvale Village has tremendous potential to be
developed as a year-round destination community, which provides
a variety of recreational opportunities (see Section IV. H - Major
Recreation/Open Space). The development plan is intended to
adequately address the various policy statements and meet the
established objectives relating to parks, recreation and open space.
Maryvale
nkage~
Drive
D. PARKS, RECREATION AND OPEN SPACE
F. PUBLIC TRANSIT
ýÿ
While the community has conveyed its desire for a north/south
conoector road on the east side of US Highway 40, there is currently
no access planned 00 either the private property to the north or south
of Maryvale Village, Maryvale Village will, however, provide for
the possible future connections at both the north and the south
boundaries, 'These will be specifically identified in the FPDP
process for Planning i\reas I I'. and SE, Maryvale Village recognizes
US Highway 40 as the major arterial road through the site and
responds to the control of its access by limiting the number of
crossings, 'These crossings will relate with the proposed bike trail
system and be cootrolled through reviews during the subdivision
process, 'The develOpers of the project will cooperate with the
eventual design resolutions of US Highway 40 crossings,
'The Maryvale village circulation plan proposes Cozens Ranch Road
as a 2-lane minor arterial road providing access to the hillside
residential areas of the community as well as a possible north/south
connector.
.
.
.
.
design standards;
aod the proposed developmeot of an access control plan for
US Highway 40.
the community's desire for an altemative north/south access
to Winter Park Ranch;
a recognition of the fact that US Highway 40 will serve as
the major through-traffic transporter;
the inclusion of a traffic study to define corridors and road
policies relating to regional roadways that affect Maryvale Village
include
G. REGIONAL ROAD NETWORK
Additionally, with the exception of Planning i\reas IE, 21'.,31'.,51'.,
61'., SE, I I W, and 13W, individual planning areas will allow for the
incorporation of internal connector trails to the extent possible,
Connector trails will he used to link residential neighborhoods and
activity areas to the regional trail systemS and allow for the efficient
movement of both pedestrians and cyclists, 'The inclusion of such
trails in individual planoing i\reas should he considered at the FPDP
precise design review stage, Core trails are identified in the open
space map and while the reality of providing trails within certain
planning ateas may be precluded by topographic conditions, "best
efforts" intent will he made to accommodate this system during
precise design phases.
'The Maryvale Village Major Recreation/open Space Exhibit depicts
trail alignmcots that are consistent with the plan update, 'Those
trails adjacent to US Highway 40 aod the proposed Fraser Valley
Parkway will be located adjacent to the road right-of-way, whereas,
the trail along Fraser River will be a pathway easement within the
proposed Linear Park.
For the past several years, the 'fowns of Fraser and Winter Park
have been implementing a bicycle/pedestrian trail system that
includes trails along US Highway 40, adjacent to the proposed
collector that parallel the railroad and aloog the eastem side of the
Fraser River, Established policies set forth in thc comprehensive
plan update include the request for new developments to provide
pathway easements and that developers may be required to constrUct
such pathways as part of the development planning aod subdivision
process.
23
H. BICYCLE AND PEDESTRIAL TRAILS
ýÿ
To ensure the appropriate character of buildings, architectural and
design guidelines are provided to protect and enhance the
appearance of the community while maintaining individual
neighborhood identity. Guideline statements are contained herein
and are intended to express "intent" rather than "absolutes" thereby
allowing flexibility in achieving the intended design.
24
Set within the framework of a large open meadow area and forested
hillside backdrop, the proposed development will create a sense of
community character with the central village activity area and major
open space/recreational amenities ( in the form of open hillsides and
a golf course) as well as pedestrian/hiking providing a framework
for the development.
The overall community design of Maryvale Village seeks to create
and maintain an attractive and pleasing living environment which
complements the existing community, while offering new
possibilities to enlarge the people's interest and needs.
The comprehensive plan update presents new policy statements that
stress the importance of providing architectural and design
guidelines for new developments, especially those having high
visibility from US Highway 40. The plan states that large planned
development (annexing as PD's) need to clearly spell out the
architectural intent of areas visible to the highway and that
individual planning areas need to have their design and function
clearly described.
I.
COMMUNITY APPEARANCE, IMAGE AND DESIGN
ýÿ
IMPLEMENt}\ tION
General Hillside Design, Commercial Landscape and ArchiteCtUral
guidelines are contaioed berein, i\\'I<:r zoning apPtOval and during
the specilic site plan approval process, each individual planning area
shall include their own more detailed guidelines,
25
A. PROPOSED ZONING
The proposed zoning for the entire 94&-acre Mat)'Vale Village site
is planned Development District (P ,D,), This requested zoning
category would facilitatc a year-round community offering a full
range of housing types, employment, commercial/office services
and recreatioOal opportunities, The master plaoned community of
Maryvale village is compatible with the policies of the Fraser
Comprehensive plan Update, The maximum number of dwelliog
units and corresponding densities for each planning area are
established on the Development Plan Statistical Summary, The
number of unit' developed within an individual planning area may
exceed the established number by 10% provided that the overall
number of units approved for all planning areas is not exceeded,
planning i\reas 7Wb and 7Wc will not be allowed to have any
density transfered into them io an effort to control the amount of
development in the open meadow area.
planning /\tea development may increase or decrease the
established number of units; bowever, in no case shall the dwelling
unit count exceed a 10% increase in the approved units per
IOdividual planning area, This density transfer process is to be
regulated and monitored at site plan approvals, During the site plan
approval process, a special letter of agreement discussing the
inventory transfer will be written.
The development of a monitoring program to regulate the transfer
of residential units or commercial squate feet between planning
areas is critical to ensure the appropriate use of the transfer
mechanistn, This program should establish a running inventory that
is part of the applications for planned development. The number of
units or square feet proposed for individual planning areas should be
mooitored and as each application is approved, the runoing total
would reflect the action that occurred.
The priociple of transfer also applies to the number of permitted
square feet of commercial floor area, Implementation ofthe square
footage transfer mechanistn could incorporate the 10% variation
between commercial planning areas.
1'he maximum number of dwelling units and corresponding
densities for each plaoning area are established on the J21;velolll!'elll
l'!.an Statistical Surom~ (Exhibit i\ -Page I), The number of units
developed within an individual planning area may exceed the
established number by 10%, provided that the overall number of
units approved for all planning areas is not exceeded, planning area
development may increase or decrease the established number of
units; however, in 00 way shall the dwelling unit count exceed a
10% increase in the approved uoits per individual planning area,
Vl1I.
IMPLEMENT A TION
B. DENSlTY/SQUARJ', FOOT AGE TRANSER
MECHANISM
ýÿ
a.
E. SPECIAL SETBACKS
Standard sefuacks ate defined in section 1'1, 1'., PlantUJ>g i\Je3
Descriptions of this PDD application, In addition, ~I
development in Mat)"lale Village will conform to the specIal
setbacks summarized below:
i\1I strUCtutC5 shall be setbocl< a minim"'" of 75 feel from
the reservanon for futur< US Highway 40 right-of-waY'
26
D. OPEN SP ACE
The amount of open space identified in this MatYvale Village
pDD plan is approximatelY 374 acres as provided in the golf
course, Linear park, and Planning i\tca 41'., In addition, with fue
exceplion of Planning i\tcas 41'. and 13 VI, 20% of fue total land
atea within each Planning i\Je3 will be designated open space, in
no case shall the overall amount of open space be less than the
minimum acreages as set forth in the MatY"ale Village PDD Plan
and current Town ofFraset regnlations,
C. BUILDING llEIGllTS
Building height limits for tbe various planning areas ate set forth
in each Planning Area and shown on the Development Plan
Stalistical SununatY (Exhibit i\), For hillside areas, building
heights shall conform to measures set forth in the Uniform
Building Code as adopted by the 'fown of F,.ser (see Hillside
Design Guidelines, Section V ,B; and Planning i\Je3 l)eSCtipUons,
Section IV .D).
b, All strU=" shall be se\hack a minimum of 40 feet from
the right-of-way of Mat)"lale Village Drive,
c, The development parcel front setback for all structures on
other roads shall be a minimum oflO feet.
d, ln Planning Area lVi, no building over 50 feet in height
will be allowed within 100 feet of the US Highway 40
right-of-way.
e, ln Planning A.rea 4V1. nO building over 35 feet in height
will be allowed between 75 feet and 200 feet from the US
Highway 40 right-of-way
ýÿ
~ 'n
The average nurobet of tcside1ltial u1lits per groSS actc Wit ~11 an
individual planning ate" as designated 011 the Mat)'vale "oJ t\\age
De'le\opment Plan.
condottli1\i1Dll- ' I
~ ownership with consists of a ~ fee sunP e estate
in an individual aitsJlaCC unit of a rnu\l1-urot j\ropertY togethet
with an undivided fee simj\le interest in cornrnon clements,
~' ded .tinuuily fot the cornrnon use
open space designed and, tnten .: r:y:OlparW' but not n~\Y
of the lawful ownets, tcStd~nts a 'ch is owned and rnain""ned by
including the general ~ubl~ci wht h purl"'se or bJ other adequate
an organization estab\\she or SUC
arrangements.
21
A cornptchensive study or plan guiding ~d c~ntrolling the
phYsical dC'le\oprnent of land use and ~itculatt?1I tn the 10wn of
rtaSC'" Within this te1rt, Master 1'lan tS used tn tcfer:nce to t~e
overal\ Mat)'vale Village cornrnunity as well as spectftc studtes
for water and sewer facilities.
A rneasutc of hotel density is delennined by what is \mOwn as the
44'" unt" ofi..e \odginglhotel units proposed by the
~ ~. lU "
Developrnent 1'lan tcptes<nts the "keY count,
~ ~ ted or b.itcd out as temporat)'
" dVle\\in1! intended to be ~ r~ 'unction with rectelltion.
or overnight aCCOrnrnodaUons, rn con]
conference, or resort useS.
C ster n"'~ '
~tion of reside1ltial units into tightly \<l1tt grouj\s on
smaller areas of the properW' 'fhe basic intent is to preserve ,~d
incorporate such valuable tcsoutces as uees and senstt",e
landforms by \eaving large arellS of the property open and free of
streets and de'le\opment.
f. DEfINITIONS
~ "
A facility or sttUctutc operated ptimati\y for ,.,etal and recreanon
purposes in conjunction with the golf course,
~
Statements
residential
\andscaying.
all ~ ~ , e ated in the fuUU'e, and approved
A list of p\ant rnatet'aI to be p\i nect the landscape concept of
by the 'fown of Fraser, that Wi tc
tbe communiW
rht of Bui\dUt
'fhe~stance above a refetcnce datum tneOSured to the
It' host point of the sttUctutc' rot rootc detail tcgardtng butldt~g
~~ghts, tcfer to the 1\illside Design Guidelines c01ltatned heretn,
exyressing
and
the intent of design solutions
cornrnetCial d""elopment and
fot
comn1ercia\
~~
i\n area of land contrOlled by one or more landowners, to be
de~eloped under unif,ed control or unif,ed plan of de~e~opment
for a number of dwelling units, cornro.erc,aI, ~\\Cauonal or
industrial uses, or anY combination of the foregorng, 1'h~ Plan
may not correspond iu lot size, bulk or type of use, denS\~' lot
co~erage, open space, or other restrictions of, the con~en\\Onal
land use regulations of the Fraser Zon,ng ordrnance,
~ '
A strip of land occupied or intend~ ~ ~ ~,ed by ~ ~t,
crosswalK, railroad. electric uansunss,on \1nC, or\ or gas prpelure,
water main. sanitan' or storm seWer main. uees. o~ !~r anothet
special use, Rights-of-waY intended for ~ uulrtrCs, or any
other use in~ol'ling maintenance by a publrC agenCY shall be
dedicated to \,ub\ic use.
~ '
" waY for ~ebicular traflic, futlher c~assif,ed and def\ned rn the
'fown ofFraset Suhdi'lision Regnla\\ons,
~
i\ homOgeneous area considered as an increment of Maryvale
Village, and is specif,callY identified o~ the Development Plan
Map, For examPle, the residential plannrng areas are proposed to
be de~eloped with a designated unit or p~uct l)'JlO', Except ~
otherWise indicated, planning area bOundat'es are conugnous ""th
the centerlines of the bOrdering s1feelS,
l~
~ "
" type of ownership which consists of a fee simple ,ntereS' In ~n
indi~iduallY deeded lot and dwelling. pIUS a me~bershlP tlgbt In
a homeowners' association whicb shall own ,n fee :,mpl~ the
common areas subject to all rights and duties as proVIded 10 the
deC\aflllion of the homeowners' association,
~ ~ ' '
A dwelling unit which is chatactetlzed by one sIdewall, or a
portion thereof, of the unit being aloug the property ~'ne ,to allow
for a larger side yard (typicallY \0 feel) on the oppos,te "de of the
unit.
.ntain Vi\'a~ '
i\n e~ign theme that is ref\ecti~e of the mountaU\
en~ironment considering such factors as timber forests, snow,
ri~etS, etc, and incorporated at a ~i\lage scale,
~ . dh
ratio betv1<en the rise of ele~ation in feet ~ertl~al\Y an, ,t e
distance in feet horizontallY o~er a gi~en topOgraphIC cond,l\on,
roadway
1'h~tio between the rise of ele~ation in feet ~,ertiCallY and the
distance tra~eled in feel horizontally for a gIVen segment of
ýÿ
A.1>1>ENDICf5
ýÿ
PROVIDED B'i 'f1'f\.,E COMPi\1'l'i
(See 'fitle Commitment,E1<hibit 0)
29
PROVIDED B'i i\PPUCi\1'l'f
(See \Vritten Statement, E1<llibit F)
(b) E.idence of tile present QWl\etSbip or agents ~f of all lands
iocluded witllin tile Planned De.elopment ,n ~e form of a
current commiuoent for 'fitle InSUrance or 'fdle InSUrance
Policy
10.7211 VJ ritten Documents
(a) i\ legal description of tile total si1f> ~nclud~ng any recorded
. easements proposed for de.elopment, \Oclud,ng a state~ent of
present and proJlOS"d ownersllip, This statement sllall \Oclude
me address of me applicant, all me property owners,
de.elopment signers, and any lien Ilolders,
The applicant sllall submit a ~ statement mat snail include, at
a minimum, tile following informat,on:
f;.. ZONiNG APPLiCATiON
'fbis letter of application for specific zoning for M~f)"Iale Village
is in accordance wim Planning commission Resolution 1'lo, ~ 9SS- ~-
I , ordinance No, \ 3 I, In scquence, me following information w,lI
be pro.ided by tile listed consultants:
PROVIDED B'i 'f1'f\.,E COMPi\N'i
(See i\djoining Property owners, EJ<hibit \\)
PROVIDED BY Rf,DS'f01'lE DEVE\,OPME1'l'f SERVICES ,
(See De.elopment plan Statistical summary, E~"'blt i\, ~age 2,
Planning i\rea Descriptions, section \V ,D,; and \\,IIS1de Design and
Arclliteetural OUidelines, sections V ,i\ and B,)
(e) Statement clearly outlining tile proposed mro<imum (uP to ~nd
\Ocluding) limits or amounts of all deSign ~tandards (sect,on
\0 .soo) to be negotia1f>d if not co.ered In m'~ sectIOn 10,72\ \
or Section 10,7212 for tile total si1f> and portions tllereof,
PROVIDED B'i REDS'f01'lE DEVELOPME1'l'f SERVICES ,
(see Relationsllip to tile Fraser Comprenensi.e plan update, Section
Vn and De.elopment plan, section \V ,1\,)
(d) i\ description of tile cbafllC1f>r of me proJlOS"d de.elorent, tile
goals and objecti.es of me project, an e1<planat,on of tile
rationale bellind tile assumptions and cll~'ces ,ma~e by Ille
applicant, and an e1<planation of me manner ,n w\l,cll ,I Ilas be~
planned to conform or de.iate from me 'fown of Fraser s
comprellCOSi.e Community plan,
IX. t\llllENDICES
(c) 1'lames and addresses of adjoining property owners willlin tWO
Ilundred (200) feet of tile property penmeter,
ýÿ
PROVIDtD BY i\ppUCi\N1
(See Development plan, Section IV ,i\)
PROVIDED BY Rl'.DS10NE DEVELOPM~, SJ',RVICl'S
(See Development plan, section IV ,i\ and \'.1<hlblt i\, Page 2)
(,h) Quantitative data for the following: ,total number and type of
d"",\\ing units; approximate parcel stzC; pmposed lot coverage
ratioS of buildings and suuctures; pmpo~, gross ~n~ net
residential, commercial and iodustrlal denSItIes; ant\~\pa~
amount of open space; total amount of non-res\dent~al
constrUCtion (including a ,..parare fIgure for commercial,
institutional, or industrial facilities and the amount of open
space associated with these developments),
(\)
30
PROVIDED BY Rl'.DS'fONE DEVELOPME1'll StRVICES ,
(See Guidelines, section V,i\, B, and C; and proposed ZonIng,
Section VIllA)
i\ starement of the ~ method for controlling architectural
design througbout the development'
(g) i\ statement of the applicant'S intentions with r,e~~t to the
nature of future sales and/or leases and subd\V\Slon of all
portions of the Planned Development,
PROVIDED BY Rl'.DS'fONE DEVtLOPME1'll StRVIC~ '
(See Recreational/Open Space, section IV ,1\, \1\I,U, and J',xhlb\t i\,
Page 2)
(I) i\ general description of the proposed open space for the
development and an explanation of hoW said open s~ shall
be integra red with surrounding developments both eX\stlng and
proposed in the final pD.
PROVlDED BY t.SC S' IV ,I'. and f; and Exhibit
(See Circulation and 1rafflc, ectlons
Page 2)
(k) i\ generalized trip generation study for the entire d~velopment
and its subparts' i\I5O, a statement of tbe gene~al Intent of the
applicant as regards tbe use of public versus prware roads,
PROVIDED BY Rl'.US'fONE DEVELOPME1'll S~RVICES
(See preliminary Development District plan Statistical summary
txhibit A-page I and section IV ,D)
'fhe proposed maximum height(,s) of buildings within the
Planned Development.
A~
PROVIDED BY CIVIL ENGINEER
(see designated Wetland i\reas, Exhibit
Reports, Exhibit'M)
G)
i\ny general physiOgraphiC and environmental studies
proposed site.
Note: General physiograPhiC and environmental studie~ will be
provided at sire plan approval for each individual planning area,
A-Page
,
and Soils
(i)
of the
ýÿ
PROVIDED BY REDSTONE DEVELOPMENT SERVICES
(See Preliminary Development District Plan and Guidelines,
Sections IV and V)
3
PROVIDED BY LSC
(See Circulation Plan,
Analysis, Exhibit D)
Exhibit
A~Page 2;
and Traffic
Impact
(c)
PROVIDED BY REDSTONE DEVELOPMENT SERVICES
(See Site Location and Description, Section II)
or prototypical
Proposed subdivision boundary
form
ines and site designs in specific
The existing site conditions including topographic contours and
watercourses, unique natural features, and vegetation cover.
(f) The existing and proposed circulation system of arterial and
collector type roads and major points of access to public rights-
of-way (including major points of ingress and egress to the
development). Notations of proposed ownership - public or
private - should be included where appropriate. The locations
oflocal roads may be required at the discretion of the Planning
Commission
(b)
PROVIDED BY REDSTONE DEVELOPMENT SERVICES
(See Regional Context Map, Section II.A)
PROVIDED BY REDSTONE DEVELOPMENT SERV1CES
(See Preliminary Development District Plan, Exhibit A-Page
Parks/Recreation Open Space, Section V.H)
and
The location and name of the proposed development shown on
a vicinity locator map at a legible scale.
public uses.
(a)
A site plan(s) and supporting maps and drawings shall be at an
appropriate scale so that Town staff and officials may understand
the basic concepts proposed by the applicant. The plan(s) shall
include, at a minimum, the foJlowing information
(e)
private open spaces, public open spaces or parks.
recreational areas, school sites and similar public and quasi-
The general location and size in acres or square feet of areas
to be conveyed, dedicated or reserved as common and
10.7212
nts
PROVIDED BY REDSTONE DEVELOPMENT SERVICES
(See Preliminary Development District Plan, Exhibit A-Page
Planning Area Descriptions, Section lV.D)
and
PROVIDED BY APPLICANT
(See Utility Letters, Exhibit L)
For larger scale
in prototype form
(m) A letter from the appropriate utility districts, boards, etc. stating
their intentions relating to their future ability to serve the
development with water, sewer, electricity, natural gas and
telephone service.
(d)
The general location of all existing and proposed buildings.
structures, and other improvements including maximum heights.
types of dwelling units, density per type, and non-residential
structures, including non-residential facilities
projects, this information may be shown
ýÿ
VROVIDED BY CWIL ENGINEER ' '
(See Master plan studY for Water, SeWer, and pralnage SeT'llces,
Exhibit E)
32
\ . d' t' a pronosed on-site
(It) i\ generaliz,ed drainage p an In Ica Ino r . ' '
facilities and IIeaunent and abatement of drainage to adj0101ng
properties.
VROVIDED BY CWIL ENGINEER, ,
(see Generalized Grading Vlan, E1<hlblt C)
G)
A generalized grading plan.
VROVIDED BY CWIL ENGINEER ' '
(See Master Vlan Study for Water, Sewer, and pralnage servIces,
Exhibit E)
(i)
The proposed concept and general off-site connection methods
for utility service including sani~ seWets, storm sewers,
water, electric, gas and telephone hnes,
PROVIDED BY RJ',DS'fONE DEVEL?~MEN'f SERVICES
(See RecreationlOpen Space Vlan, E1<hlblt i\-Vage 2)
(h)
PROVIDED BY CWIL ENGINEER ,
(See surrounding \.,and Use Map, section I\.C)
'fhe e1<isting and proposed general~z,ed pedeslIian and
bicycle circulation system for the entIre dC'lelopment,
(g) Information on land areas adjacent to the proposed Vlanned
De,elopment to indicate "no~ ~r proposed de~elopro~
including land use, zoning classIfIcatIOns, road netW"r1<s, pobllC
fad\lties, and open space.
ýÿ
~.."....." ~.'::- ~ /. I '\. <5'~'
Frase~"...""".. 'i...r. ~, T-
;;~;;;~l~.:s;;~~ - _l,J
19 ':~ '.,
~~ ,
~ \~
\~ "
~"'o,.. ~?///.' -'"
- ~~//~
~" .,~ \i, EXIST~G-TOWN
86' ~ ,\ I J.... - FRASER 'BQUND~Y_
( ~ ' "."
\~ ~//~h~~ ,\
.-\ ~////p.:.- ,;f'~ '-
~ '-
'-
TOWN OF FRASER ANNEXATION MAP
'b
"
'"
21
"
20
"
"
~.
PORTIONS OF SECTIONS 29 AND 30
TOWNSHIP 1 SOUTH, RANGE 75 WEST, 6th P.M.
COUNTY OF GRAND, STATE OF COLORADO
..
C>
D
1 "=300' FOREST MEADOWS SOLAR COMMUNITY ........
........
ZONED 13- BUSINESS ........
0 300 600 L -:-_~
. .
GRAPHIC SCALE IN FEET
1318
C-S 1/16 CORNER
SECTION 20
ALUM. CAP
PLS 11415
'/
, ..
,\: '. . " ...._Ma. 'al~
! ,...
\.
sw 1/16 ~ORNER k
;.- 1. SECTION io ' II
-- 1. ----'\..." 15 REBAR II ! I
\',-, ~ / ~I \ (\
t:-~u 1 I,
~ (J 1 II x
I I II
"J-'\ f Jll1111
: ^_ 't---1 / ~.tl
v-- ):----" \\ )-1
It--~ / \ _\\r -' I
~-__ ! Q -\ r.1n'~::- C) - 12
J "--_. ~~~
t1 1 I ~-a;:11
I.J _.'.: ~
. .~~
~Q\.n \.
Iii,l J -- ~
~, :.)- - ~I
~I 2 -.-J
f
11/4 CORNER
SEC 20/SEC 29
USGLO BRASS CAP
(t
//~ "
/ .,It
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30
()
,
\
........
........
'....
...--,
I "
I ",
. '.....
. .... ....
....,
...____r
,~
LEGEND:
"" SECTION CORNER AS DESCRIBED
o SURVEY MONUMENT AS DESCRIBED
. SET PIN " CAP PLS 22097
. ALUM. CAP PLS 11415
~ /// /////~ EXISTING TOWN OF FRASER BOUNDARY
Q
"
'"
'\
\
'" 1
"- 1
...............
~
"I
1
I
~ 1
"-.... 1
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~ /
...............
...............
................- -
N8tr44' 41 "E: 1318.89'
\
\.
/;:.\,
/( . ':
*
~I
Zr)
II
fl
I
I
Q
l-
V)
VICINITY MAP
NOT TO SCALE
PROPERTY DESCRIPTION:
Two hundred (200) acres located in the west one-half of Section 29 and the southeast one-quarter of
Section 30, Township 1 South, Range 75 West of the Sixth Principal Meridian, County of Grand, State of
Colorado described as follows:
All that portion of the northwest one-quarter (NW1/4) of Section 29, Township 1 South, Range 75 West of
the Sixth Principal Meridian lying south and west of the southerly right of way line of the Southern Pacific
Railroad; EXCEPT that portion of said northwest one-quarter conveyed to the Fraser Cemetery Association, a
Colorado non-profit corporation by instrument recorded April 7. 1998, at Reception No. 98003968:
S8V44'12-W
21.27'
N()(134' 43-'
274.97'
CL OF RAILROAD R.O.W.
CALCULATED BASED ON CL OF
EXISTING TRACKS, UTlUZING
SEARLES SPIRAL CURVES
x
I
x
I~
TOGETHER WITH the north one-half of the southwest one-quarter (N1/2SW1/4) of said Section 29;
TOGETHER WITH the south 544.20 feet of the south one-half of the northeast one-quarter of the southeast
one-quarter {S1/2NE1/4SE1/4} of said Section 30.
Described as follows:
WU TAl CHUAN &: SHENG UNG
TOWN OF FRASER APPROVAL:
~
f!
BEGINNING at the northwest corner of Section 29, Township 1 South, Range 75 West of the Sixth Principal
Meridian;
Thence S 0<T34'39" E, along the west line of the northwest one-quarter of said Section 29, a distance of
2634.72 feet to the west one-quarter comer of said Section 29;
Thence S 00'29'16" E, along the west line of the southwest one-quarter of said Section 29, a distance of
771.09 feet to the intersection of said west line and a line which is 544.20 feet north of and parallel to
the south line of the northeast one-quarter of the southeast one-quarter of Section 30, Township 1 South,
Range 75 West of the Sixth Principal Meridian;
Thence S 89.41'52" W, along a line which is 544.20 feet north of and parallel to the south line of the
northeast one-quarter of the southeast one-quarter of said Section 30, a distance of 1307.30 feet to the
west line of the northeast one-quarter of the southeast one-quarter of said Section 30;
Thence S 00-42'56" E, along the west line of the northeast one-quarter of the southeast one-quarter of
said Section 30, a distance of 544.21 feet to the southwest comer of the northeast one-quarter of the
southeast one-quarter of said Section 30; NE 1/16 CORNER
Thence N 89.41'52" E, along the south line of the northeast one-quarter of the southeast one-quarter of SECTION 30
said Section 30, a distance of 1305.13 feet to the southwest comer of the north one-half of the 1" PIPE
southwest one-quarter of said Section 29 and a point on the Town of Fraser boundary; ~
Thence S 89"59'59" E, along the Town of Fraser boundary and along the south line of the north one-half i
of the southwest one-quarter of said Section 29, a distance of 1315.89 feet to the SW 1/16 comer of I
said Section 29; !
Thence N 89"58'38" E, along the Town of Fraser boundary and along the south line of the north one-half I
I
of the southwest one-quarter of said Section 29, a distance of 1316.17 feet to the C-S 1/16 comer of I
said Section 29; I
Thence N 00-26'01" W, along the Town of Fraser boundary and along the north-south centerline of said I
I
Section 29, a distance of 2647.13 feet to the C-N 1/16 corner of said Section 29 and a point on the I
southerly right of way line of the Southern Pacific Railroad; 1
Thence N 00-28'15" W, along the Town of Fraser boundary, along the southerly right of way line of the I
Southern Pacific Railroad, and along said north-south centerline, a distance of 241.71 feet to a point of I
non-tangent spiral curvature; I z
Thence along the southerly right of way line of the Southern Pacific Railroad and the arcs of a 100 foot t: 1 ~
inside offset to a Searles spiral to the left having a combined arc length of 97.85 feet, the chord of which N I.
-ICO
bears N 35"43'11" W a distance of 97.81 feet; Co IN
Thence along the southerly right of way line of the Southern Pacific Railroad and along a curve to the left 't I J
a distance of 867.53 feet, said curve having a radius of 616.78 feet, a delta angle of 8CT 35 '20" , and a I, I'
chord which bears N 79"22'50" W a distance of 797.76 feet;
Thence along the southerly right of way line of the Southern Pacific Railroad and along the arcs of a 100 II'
foot inside offset to a Searles spiral to the left having a combined arc length of 175.92 feet, the chord of ~,' .
which bears S 55"22'51" W 0 distance of 175.79 feet; ./l
Thence S 5T49'30" W, along the southerly right of way line of the Southern Pacific Railroad, a distance of I' I
77.31 feet; I
Thence along the southerly right of way line of the Southern Pacific Railroad and along the arcs of a 100 !
foot outside offset to a Searles spiral to the right having a combined arc length of 202.10 feet, the chord -I
of which bears S 55-32'08" W a distance of 201.94 feet; 1 C-E 1/16 CORNER
Thence along the southerly right of way line of the Southern Pacific Railroad and along a curve to the right I SECTlO~A~O
a distance of 1816.69 feet, said curve having a radius of 816.03 feet, a delta angle of 12733'14", and a 1 ~t~M14632 '
chord which bears N 55"53'53" W 0 distance of 1464.10 feet to a point of non-tangency and the _________~-------------------!'~!".1-Z~..!~--------------
southeast corner of that parcel conveyed to the Fraser Cemetery Association, 0 Colorado non-profit I 1310.38'
corporation by instrument recorded April 7, 1998, at Reception No. 98003968; I
Thence S 89-47'13" W, along the south line of said parcel, a distance of 197.45 feet; 1
Thence N 00-34'43" W, along the west line of said parcel, 0 distance of 274.97 feet to the north line of I
Said Section 29; !
Thence S 89'44'12" W, along the north line of said Section 29, a distance of 21.27 feet to the POINT OF 1
BEGINNING. I~
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The Town of Fraser has accepted for annexation to said Town of Fraser the tract of land represented
and described hereon by
02..:3 :3
Ordinance N2J...-JJ
this /=.L4
Series
cUJ03
day of
\::1lJIJ./EJ
R-818.78'
L-887 .53
~ .. 80"35'20.
R - 716.78'
T - 888.28'
L .. 1008.18'
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L-1818.89'
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L-202.10'
200' RAILROAD R.O.W.
(CURRENTLY OWNED BY UNION
PACIFIC RAILROAD)
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NE 1/16 CORNER I
SECTION 29 '
USGLO BRASS CAP
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T - 834.44'
L - 1159.23'
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PERIMETER OF SUBJECT PARCEL
1/6 OF PERIMETER
CONTIGUOUS PERIMETER
PERCENTAGE OF BOUNDARY CONTIGUOUS WITH THE
EXISTING TOWN OF FRASER BOUNDARY
15814 FEET
2536 FEET
5521 FEET
35"
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CONT I GU I TY
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SEC 30/SEC 29 \ (183.7 Acres:f:)
USGLO BRASS CAP \
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JOHNS-FRASER, LTD ET.AL
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SURVEYOR'S STATEMENT:
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C-E 1/16 ,CORNER
SECTION 29
USGLO BRASS CAP
I, E.J. Grabowski, a licenced Professional Land Surveyor in the State of Colorado, do hereby
state, for and on behalf of GEOSURV, Inc., that this Annexation Map was prepared under my
direction and supervision, and that this map accurately represents and describes the property
to be annexed to the Town of Fraser. As shown on the map, at least one-sixth (1/6th) of
the bound~ry of the property is contiguous with the boundary of the municipal limits of the
Town of Fraser. No platted streets or alleys ore included in the area proposed to be
annexed.
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E.J. Grabowski
PLS 22097
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Official Use Only Grand County Colorado
Containing 200.000 acres more or less.
Having 0 perimeter of 15,814.43 feet.
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NOTES:
N. UN[ 51/2 NE1/4 SE 1/4
.....
.....
....
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1307.30'
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MARYVALE VILLAGE, LLC I~
ZONED "pO- PLANNED DEVELOPMENT DISTRICT i...r
1. The basis of bearings is the west line of the northwest one-quarter of Section 29 Township 1 South,
Range 75 West of the Sixth Principal Meridian as monumented with a Denver Water Board brass cap at the
northwest comer of said Section 29, and 0 U.S.G.L.O. brass cap at the west one-quarter comer of said
Section 29 and is assumed to bear S OCT34.39- E.
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RENDEZVOUS COLORADO LLC
P.O. Box 149
Winter Park, CO 80482
Ph. 970-726-4500
STATE OF COLORADO }SS
County of GRAND
Filed fO~d Ihi11 ~
day of ~
at//_'/O o'clockIL. .
Recorded in Book ;_
~l~~ "/~
11__ Deputy
Fees $
2. This is not a land survey plat, nor an improvement survey plot.
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1"1 S 1/16 CORNER
SEC 30/SEC 29
ALUM. CAP
PLS 14632
APPUCANT:
SOUTH 544.20 FEET OF THE
NE1 /4 SE1 /4 SECTION 30
(16.3 Acres:!:)
3. The existing boundary of the Town of Fraser, as shown hereon, is based upon:
a. that property described in TOWN OF FRASER ORDINANCE 239 (1998.)
b. the area graphically annotated as lown of Fraser" on that TOWN OF FRASER ANNEXATION MAP OF A PART
OF SECTION 29; Certified and signed by Jeffry A. Gustafson {PLS 29039} April 3, 1998.
/ \
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~ SE 1/16 CORNER
. SECTION 30
~ ALUM. CAP
.... PLS 14632
.
SW 1/16 CORNER
SECTION 29
BRASS CAP
DENVER WATER
C-S 1/16 CORNER
SECTION 29
ALUM. CAP
PLS 14632
4. GEOSURV, Inc. relied upon First American Title Insurance Company Order No. 121775-C, dated 08/14/00,
for the preparation of this annexation plat.
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5. This plat does not constitute 0 title search by this surveyor of the property shown and described hereon
to determine:
0.) ownership of the tract of land.
b.) compatibility of this description with those of adjacent tracts of land.
c.) rights of way. easements and encumbrances of record affecting this tract of land.
6. Easement an right of way to construct, operate and maintain an electric distribution line or system. as
granted by Frank J. Johns to Mountain Parks Electric, Inc. by instrument recorded August 11, 1972. in Book
189 at Page 206 is not mathematically defined therein and is not shown hereon.
BOARD OF WATER COMMISSIONERS
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PORTIONS OF SECTIONS 29 AND 30
TOWNSHIP 1 SOUTH, RANGE 75 WEST, 6th P.M.
COUNTY OF GRAND, STATE OF COLORADO
..
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1 "=300' FOREST MEADOWS SOLAR COMMUNITY ........
........
ZONED 13- BUSINESS ........
0 300 600 L -:-_~
. .
GRAPHIC SCALE IN FEET
1318
C-S 1/16 CORNER
SECTION 20
ALUM, CAP
PLS 11415
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SEC 20/SEC 29
USGLO BRASS CAP
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LEGEND:
"" SECTION CORNER AS DESCRIBED
o SURVEY MONUMENT AS DESCRIBED
. SET PIN " CAP PLS 22097
. ALUM. CAP PLS 11415
~ /// /////~ EXISTING TOWN OF FRASER BOUNDARY
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N8tr44' 41 "E: 1318.89'
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VICINITY MAP
NOT TO SCALE
PROPERTY DESCRIPTION:
Two hundred (200) acres located in the west one-half of Section 29 and the southeast one-quarter of
Section 30, Township 1 South, Range 75 West of the Sixth Principal Meridian, County of Grand, State of
Colorado described as follows:
All that portion of the northwest one-quarter (NW1/4) of Section 29, Township 1 South, Range 75 West of
the Sixth Principal Meridian lying south and west of the southerly right of way line of the Southern Pacific
Railroad; EXCEPT that portion of said northwest one-quarter conveyed to the Fraser Cemetery Association, a
Colorado non-profit corporation by instrument recorded April 7. 1998, at Reception No. 98003968:
S8V44'12-W
21.27'
N()(134' 43-'
274.97'
CL OF RAILROAD R.O.W,
CALCULATED BASED ON CL OF
EXISTING TRACKS, UTlUZING
SEARLES SPIRAL CURVES
x
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TOGETHER WITH the north one-half of the southwest one-quarter (N1/2SW1/4) of said Section 29;
TOGETHER WITH the south 544.20 feet of the south one-half of the northeast one-quarter of the southeast
one-quarter {S1/2NE1/4SE1/4} of said Section 30.
Described as follows:
WU TAl CHUAN &: SHENG UNG
TOWN OF FRASER APPROVAL:
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BEGINNING at the northwest corner of Section 29, Township 1 South, Range 75 West of the Sixth Principal
Meridian;
Thence S 0<T34'39" E, along the west line of the northwest one-quarter of said Section 29, a distance of
2634.72 feet to the west one-quarter comer of said Section 29;
Thence S 00'29'16" E, along the west line of the southwest one-quarter of said Section 29, a distance of
771.09 feet to the intersection of said west line and a line which is 544.20 feet north of and parallel to
the south line of the northeast one-quarter of the southeast one-quarter of Section 30, Township 1 South,
Range 75 West of the Sixth Principal Meridian;
Thence S 89.41'52" W, along a line which is 544.20 feet north of and parallel to the south line of the
northeast one-quarter of the southeast one-quarter of said Section 30, a distance of 1307.30 feet to the
west line of the northeast one-quarter of the southeast one-quarter of said Section 30;
Thence S 00-42'56" E, along the west line of the northeast one-quarter of the southeast one-quarter of
said Section 30, a distance of 544.21 feet to the southwest comer of the northeast one-quarter of the
southeast one-quarter of said Section 30; NE 1/16 CORNER
Thence N 89.41'52" E, along the south line of the northeast one-quarter of the southeast one-quarter of SECTION 30
said Section 30, a distance of 1305,13 feet to the southwest comer of the north one-half of the 1" PIPE
southwest one-quarter of said Section 29 and a point on the Town of Fraser boundary; ~
Thence S 89"59'59" E, along the Town of Fraser boundary and along the south line of the north one-half i
of the southwest one-quarter of said Section 29, a distance of 1315.89 feet to the SW 1/16 comer of I
said Section 29; !
Thence N 89"58'38" E, along the Town of Fraser boundary and along the south line of the north one-half I
I
of the southwest one-quarter of said Section 29, a distance of 1316.17 feet to the C-S 1/16 comer of I
said Section 29; I
Thence N 00-26'01" W, along the Town of Fraser boundary and along the north-south centerline of said I
I
Section 29, a distance of 2647.13 feet to the C-N 1/16 corner of said Section 29 and a point on the I
southerly right of way line of the Southern Pacific Railroad; 1
Thence N 00-28'15" W, along the Town of Fraser boundary, along the southerly right of way line of the I
Southern Pacific Railroad, and along said north-south centerline, a distance of 241.71 feet to a point of I
non-tangent spiral curvature; I z
Thence along the southerly right of way line of the Southern Pacific Railroad and the arcs of a 100 foot t: 1 ~
inside offset to a Searles spiral to the left having a combined arc length of 97.85 feet, the chord of which N I.
-ICO
bears N 35"43'11" W a distance of 97.81 feet; Co IN
Thence along the southerly right of way line of the Southern Pacific Railroad and along a curve to the left 't I J
a distance of 867.53 feet, said curve having a radius of 616.78 feet, a delta angle of 8CT 35 '20" , and a I, I'
chord which bears N 79"22'50" W a distance of 797.76 feet;
Thence along the southerly right of way line of the Southern Pacific Railroad and along the arcs of a 100 II'
foot inside offset to a Searles spiral to the left having a combined arc length of 175.92 feet, the chord of ~,' .
which bears S 55"22'51" W 0 distance of 175.79 feet; ./l
Thence S 5T49'30" W, along the southerly right of way line of the Southern Pacific Railroad, a distance of I' I
77.31 feet; I
Thence along the southerly right of way line of the Southern Pacific Railroad and along the arcs of a 100 !
foot outside offset to a Searles spiral to the right having a combined arc length of 202.10 feet, the chord 'I
of which bears S 55-32'08" W a distance of 201.94 feet; 1 C-E 1/16 CORNER
Thence along the southerly right of way line of the Southern Pacific Railroad and along a curve to the right I SECTlO~A~O
a distance of 1816.69 feet, said curve having a radius of 816.03 feet, a delta angle of 12733'14", and a 1 ~t~M14632 '
chord which bears N 55"53'53" W 0 distance of 1464.10 feet to a point of non-tangency and the _________~-------------------!'~!".1-Z~..!~--------------
southeast corner of that parcel conveyed to the Fraser Cemetery Association, 0 Colorado non-profit I 1310.38'
corporation by instrument recorded April 7, 1998, at Reception No, 98003968; I
Thence S 89-47'13" W, along the south line of said parcel, a distance of 197.45 feet; 1
Thence N 00-34'43" W, along the west line of said parcel, 0 distance of 274.97 feet to the north line of I
Said Section 29; !
Thence S 89'44'12" W, along the north line of said Section 29, a distance of 21.27 feet to the POINT OF 1
BEGINNING. I~
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The Town of Fraser has accepted for annexation to said Town of Fraser the tract of land represented
and described hereon by
02..:3 :3
Ordinance N2J...-JJ
this /=.L4
Series
cUJ03
day of
\::1lJIJ./EJ
R-818.78'
L-887 .53
~ .. 80"35'20.
R - 716.78'
T - 888.28'
L .. 1008.18'
'?v
, 2003,
By-j)~~~
M~yor Pl!;A/JJ/5K..SOLEV
R-816.03'
L-1818.89'
,,--:7l~J~~~
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L-202.10'
200' RAILROAD R.O.W.
(CURRENTLY OWNED BY UNION
PACIFIC RAILROAD)
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NE 1/16 CORNER I
SECTION 29 '
USGLO BRASS CAP
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T - 834.44'
L - 1159.23'
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PERIMETER OF SUBJECT PARCEL
1/6 OF PERIMETER
CONTIGUOUS PERIMETER
PERCENTAGE OF BOUNDARY CONTIGUOUS WITH THE
EXISTING TOWN OF FRASER BOUNDARY
15814 FEET
2536 FEET
5521 FEET
35"
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CONT I GU I TY
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SEC 30/SEC 29 \ (183.7 Acres:f:)
USGLO BRASS CAP \
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JOHNS-FRASER, LTD ET.AL
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SURVEYOR'S STATEMENT:
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C-E 1/16 ,CORNER
SECTION 29
USGLO BRASS CAP
I, E.J. Grabowski, a licenced Professional Land Surveyor in the State of Colorado, do hereby
state, for and on behalf of GEOSURV, Inc., that this Annexation Map was prepared under my
direction and supervision, and that this map accurately represents and describes the property
to be annexed to the Town of Fraser. As shown on the map, at least one-sixth (1/6th) of
the bound~ry of the property is contiguous with the boundary of the municipal limits of the
Town of Fraser. No platted streets or alleys ore included in the area proposed to be
annexed.
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E.J. Grabowski
PLS 22097
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Official Use Only Grand County Colorado
Containing 200.000 acres more or less.
Having 0 perimeter of 15,814.43 feet.
i
NOTES:
N. UN[ 51/2 NE1/4 SE 1/4
.....
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....
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S8V41'S2-W
1307.30'
,~
IN
10
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MARYVALE VILLAGE, LLC I~
ZONED "pO- PLANNED DEVELOPMENT DISTRICT i...r
1. The basis of bearings is the west line of the northwest one-quarter of Section 29 Township 1 South,
Range 75 West of the Sixth Principal Meridian as monumented with a Denver Water Board brass cap at the
northwest comer of said Section 29, and 0 U.S.G.L.O. brass cap at the west one-quarter comer of said
Section 29 and is assumed to bear S OCT34.39- E.
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RENDEZVOUS COLORADO LLC
P.O. Box 149
Winter Park, CO 80482
Ph. 970-726-4500
STATE OF COLORADO }SS
County of GRAND
Filed fO~d Ihi11 ~
day of ~
at//_'/O o'clockIL. .
Recorded in Book ;_
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11__ Deputy
Fees $
2. This is not a land survey plat, nor an improvement survey plot.
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1"1 S 1/16 CORNER
SEC 30/SEC 29
ALUM. CAP
PLS 14632
APPUCANT:
SOUTH 544.20 FEET OF THE
NE1 /4 SE1 /4 SECTION 30
(16.3 Acres:!:)
3. The existing boundary of the Town of Fraser, as shown hereon, is based upon:
a. that property described in TOWN OF FRASER ORDINANCE 239 (1998.)
b. the area graphically annotated as lown of Fraser" on that TOWN OF FRASER ANNEXATION MAP OF A PART
OF SECTION 29; Certified and signed by Jeffry A. Gustafson {PLS 29039} April 3, 1998.
/ \
\ )
\j
~ SE 1/16 CORNER
. SECTION 30
~ ALUM. CAP
.... PLS 14632
.
SW 1/16 CORNER
SECTION 29
BRASS CAP
DENVER WATER
C-S 1/16 CORNER
SECTION 29
ALUM. CAP
PLS 14632
4. GEOSURV, Inc. relied upon First American Title Insurance Company Order No. 121775-C, dated 08/14/00,
for the preparation of this annexation plat.
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5, This plat does not constitute 0 title search by this surveyor of the property shown and described hereon
to determine:
0.) ownership of the tract of land.
b.) compatibility of this description with those of adjacent tracts of land.
c.) rights of way. easements and encumbrances of record affecting this tract of land.
6. Easement an right of way to construct, operate and maintain an electric distribution line or system. as
granted by Frank J. Johns to Mountain Parks Electric, Inc. by instrument recorded August 11, 1972. in Book
189 at Page 206 is not mathematically defined therein and is not shown hereon.
BOARD OF WATER COMMISSIONERS
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