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HomeMy Public PortalAboutPCP 2022-03-23Planning Commission Regular Meeting Agenda Fraser Town Hall, 153 Fraser Avenue and Virtually Wednesday March 23, 2022 6:30 PM - 9:00 PM NOTE: Times are approximate and agenda subject to change Watch the meeting live on Fraser's YouTube Channel Participate in the meeting through our virtual platform Zoom Meeting Information Meeting ID:259 040 8013 Phone 1 -346 -248 -7799 Roll Call Approval Of Agenda Consent Agenda Minutes February 23, 2022 PCM 2022 -02 -23.Pdf Public Hearing And Possible Action Preliminary Plat And Final Plan Elk Creek Condominiums PA 4W.1 And Meyer Subdivision Lot 2 Planner Briefing Elk Creek Condominiums PA 4W.1 And Meyer Lot 2.Pdf PC Resolution 2022 -03 -01 Preliminary Plat And Final Plan Elk Creek Condominiums PA 4W.1 And Meyer Subdivision Lot 2.Pdf Project Narrative.pdf 4W.1 FPDP.pdf 4W.1 PLAT.pdf Whitmer Law Firm Memo.pdf Merrick PA 4W.1 Utility And Erosion Control.pdf Merrick PA 4W.1 - Preliminary Civil CDs - 2022.01.28 Utility And Erosion Control Comments.pdf Merrick PA 4W.1 Drainage Review_2022 -0303_Rev.pdf Terracina Response To Sketch Plan Comments -01282022.Pdf Meyer -Forest Meadows 06 -06 -1990 Settllement Agmt.pdf 2005 -012709 Grand Park PDD.pdf 2005005382 Meyer Subdivision.pdf 2005005383 SIA Meyer Subdivision.pdf Application.pdf Proof Of Publication.pdf Adjacent Property Mailers.pdf Mineral Rights Notice.pdf Agency Review Comments.pdf Environmental Exhibit.pdf Other Business Open Forum Future Agenda Items Adjourn UPCOMING MEETING WED. APRIL 27, 2022 PLANNING COMMISSION https://www.youtube.com/channel/UCs5aHnl7d -kk0j1cxV28DSg https://us02web.zoom.us/j/2590408013 1. 2. 3. a. Documents: 4. a. Documents: 5. 6. 7. 8. Planning Commission Regular Meeting Agenda Fraser Town Hall, 153 Fraser Avenue and Virtually Wednesday March 23, 2022 6:30 PM - 9:00 PM NOTE: Times are approximate and agenda subject to change Watch the meeting live on Fraser's YouTube Channel Participate in the meeting through our virtual platform Zoom Meeting Information Meeting ID:259 040 8013 Phone 1 -346 -248 -7799Roll CallApproval Of AgendaConsent AgendaMinutes February 23, 2022PCM 2022 -02 -23.PdfPublic Hearing And Possible ActionPreliminary Plat And Final Plan Elk Creek Condominiums PA 4W.1 And Meyer Subdivision Lot 2Planner Briefing Elk Creek Condominiums PA 4W.1 And Meyer Lot 2.PdfPC Resolution 2022 -03 -01 Preliminary Plat And Final Plan Elk Creek Condominiums PA 4W.1 And Meyer Subdivision Lot 2.PdfProject Narrative.pdf 4W.1 FPDP.pdf 4W.1 PLAT.pdf Whitmer Law Firm Memo.pdf Merrick PA 4W.1 Utility And Erosion Control.pdf Merrick PA 4W.1 - Preliminary Civil CDs - 2022.01.28 Utility And Erosion Control Comments.pdf Merrick PA 4W.1 Drainage Review_2022 -0303_Rev.pdf Terracina Response To Sketch Plan Comments -01282022.Pdf Meyer -Forest Meadows 06 -06 -1990 Settllement Agmt.pdf 2005 -012709 Grand Park PDD.pdf 2005005382 Meyer Subdivision.pdf 2005005383 SIA Meyer Subdivision.pdf Application.pdf Proof Of Publication.pdf Adjacent Property Mailers.pdf Mineral Rights Notice.pdf Agency Review Comments.pdf Environmental Exhibit.pdf Other Business Open Forum Future Agenda Items Adjourn UPCOMING MEETING WED. APRIL 27, 2022 PLANNING COMMISSION https://www.youtube.com/channel/UCs5aHnl7d -kk0j1cxV28DSghttps://us02web.zoom.us/j/25904080131.2.3.a.Documents:4.a.Documents: 5. 6. 7. 8. FRASER PLANNING COMMISSION MINUTES DATE:Wednesday, February 23, 2022 MEETING:Planning Commission Regular Meeting PLACE:Fraser Town Hall and Virtual On-Line Meeting PRESENT Commission:Commissioners:Vice Chair Katie Soles,Philip Vandernail,Margaret Bowles, Parnell Quinn, Bob Gnuse and Sam Brewer. Staff:Town Planner,Catherine Trotter;Town Clerk Antoinette McVeigh;Town Manager Ed Cannon Others:Clark Lipscomb and Layla Rosales Vice Chair Katie Soles called the meeting to order at 6:35pm. 1.Roll Call:Vice Chair Katie Soles,Philip Vandernail,Margaret Bowles,Parnell Quinn, Bob Gnuse and Sam Brewer 2.Approval of Agenda: Commissioner Quinn moved,and Commissioner Vandernail seconded the motion to approve the agenda. Motion carried: 6-0. 3.Consent Agenda: a.Minutes January 26, 2022 Commissioner Bowles moved,and Commissioner Vandernail seconded the motion to approve the consent agenda. Motion carried: 6-0. 4.Public Hearing And Possible Action: a.Final Plan Amendment 2 And Final Plats Filing 1, 2, 3 Alpenglow at Grand Park Commissioner Quinn motioned,and Commissioner Vandernail seconded the motion to open the public hearing. Motion carried 6-0. This subdivision application is being processed as a Major Subdivision in accordance with Section 17-5-10 of the Fraser Municipal Code. The purpose of a major subdivision plat is to divide one (1) or more lots or parcels of land into a total of five (5) or more lots or five (5) or more dwelling units. Town Planer Catherine Trotter presented to the Commission. Clark Lipscomb and Layla Rosales of Grand Park presented and answered questions. Commissioner Vandernail motioned,and Commissioner Bowles seconded the motion to close the public hearing. Motion carried 6-0. Page 2 of 2 Commissioner Soles motioned and Commissioner Gnuse seconded to approve Resolution 22-02-01,A Resolution Recommending Approval of Alpenglow at Grand Park Final Plan –Amendment 2 (Planning Area 2w.1 And 2w.2)and Alpenglow at Grand Park Final Plat Filings 1,2 And 3,Grand Park Planned Development District Located in Section 29,Township 1 South,Range 75 West of the 6th Pm,Town of Fraser,County of Grand, State of Colorado with the conditions listed. Motion carried 6-0. 5. Other Business: Commissioner Soles discussed the Colorado Parks and Wildlife Fraser River Sedimentation Presentation that Jon Ewert presented at the TB meeting on February 16, 2022. 6.Open Forum: None 7.Future Agenda Items: None 8. Adjourn: Commissioner Quinn moved,and Commissioner Bowles seconded the motion to adjourn. Motion carried: 6-0. Meeting adjourned at 7:30 p.m. __________________________ Antoinette McVeigh, Town Clerk Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com MEMO TO:Chairperson Wolter and Planning Commissioners FROM:Catherine E. Trotter, AICP, Town Planner DATE:March 22, 2022 SUBJECT:Planner Briefing on Preliminary Plat and Final Plan & Site Plan Elk Creek Condominiums PA 4W.1 and Meyer Subdivision Lot 2 MATTER BEFORE THE PLANNING COMMISSION: Preliminary Plat and Final Plan Elk Creek Condominiums PA 4W.1 and Meyer Subdivision Lot 2. ACTION REQUESTED: The applicant, Grand Park Development LLC., is requesting Preliminary Plat and Final Plan approval of Elk Creek Condominiums PA 4W.1 and Meyer Subdivision Lot 2. BACKGROUND: This subdivision application is being processed as a Major Subdivision in accordance with Section 19-3-210 of the Fraser Municipal Code. The purpose of a major subdivision plat is to divide one (1) or more lots or parcels of land into a total of five (5) or more lots or five (5) or more dwelling units. Map below indicates the general vicinity of this proposed development: Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com The development application is located within the Grand Park Planned Development District Plan (PDD) and also in the Business District. A copy of the PDD is in the packet. This planning area is 4W and the PDD allows for an average density on 9.3 units per acre, 100 attached residential units and 105,800 square feet (SF) of commercial on 11.2 acres. Meyer Lot 2 is located in the Business District. This development application would create a total of 46 units on 4.05 acres which equates to an average density of 11.3 units/acre. The Annexation Agreement allows for density transfers and states the following: “In the event the boundaries of a Planning Area are adjusted at the time of subdivision or Final Plan, then the approved number of residential units or the approved commercial square footage provided in the PDD shall be the controlling factor and the designated acreage or density will be adjusted from that constant.” The Land Use and Development Notes on sheet 3 of 11 of the PDD state the following: Planning Area 4W is approximately 11.2 acres situated along Old Victory Road, south of the Fraser Valley Center, adjacent to the 5-acre in holding parcel and adjoining the Elk Creek meadow. Planned for commercial site planning considerations include its relationship to Old Victory Road. The narrative suggests that the proposed 46 condos will be located on Grand Park Planning Area 4W and the Meyer Lot 2 has only been included with this development application in order to dedicate the 60’ Johns Drive ROW. Specify width of proposed ROW on plat. The Meyer property is subject to the Minor Subdivision Final Plat Meyer Subdivision Reception # 2005005382 and the associated Subdivision Improvement Agreement (SIA) at Reception # 2005005382. A copy of the Final Plat and the associated SIA are in the packet. The Meyer Subdivision was a resubdivision of previously platted property and was generally intended to extinguish prior restrictions and undertakings relating to the property and defer improvements and undertakings until such time as the property was developed. Among other things, the SIA Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com provides that the Town may require additional street rights-of-way and access and utility easements in connection with further subdivision or development for either of the lots included on the Meyer Subdivision plat. Fraser should require additional ROW for the existing Johns Drive in conjunction with this development application to match the 60’ ROW that is being proposed. 4W has 16 units remaining, not 46. 27 residential units are being transferred from 3Wa, which is Cozens Pointe, leaving zero units left in 3Wa. 3 residential units are being transferred from 5W, which is Elk Creek Filings 1-4, leaving 18 units left in 5W. Add additional remaining unit language to Final Plan AND Final Plat notes regarding density transfer. The development standards for Planning Area 4W suggest a mixed-use land use, with a 45’ height maximum, 10’ front yard setback, 6’ side yard setback, 10’ rear yard setback and 10% open space requirement. There is also a 20’ improvement and 20’ building setback from Old Victory Road. Add Old Victory Road setbacks to Final Plan and Final Plat. On Final Plan note #2, delete “130 permitted including 30% transfer. Section 4.2 of the Amended and Restated Annexation Agreement states that “Densities may be transferred between Planning Area up to 30% of the receiving area if sufficient roadway capacity and water and sewer capacity is available.” This will be determined in the future. Site data charts on sheet 3 and 4 of 11 needs to be corrected. It is suggested that there are three one-bedroom units per building times four buildings would equal 12 one-bedroom units, but the chart says 10. Revise site data charts accordingly to equal a total of 46 units per the requested density transfer and add site date charts to Final Plat. PARKING: https://library.municode.com/co/fraser/codes/municipal_code?nodeId=CH19LADECO_ART4DE ST_DIV2PAST_S19-4-230PASPRE Link to Parking space requirements. It appears the applicant has met the parking requirements. Clarify reference to conservation easement on Sheet 3 and 4 of 11 of the Final Plan. Reference to development permit in the title should be deleted as the Code now requires a site plan approval and not a development permit. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com Also included in the packet are the following: Agency Review comments Merrick Engineering Review comments on drainage and utilities Whitmer Law Firm memo dated 3-15-2022 Staff has provided the following materials in the packet: Planner Briefing (THIS MEMO) Draft PC Resolution 2022-03-01 Merrick Engineering Comments Whitmer Law Firm Review memo Agency Review Comments Grand Park PDD Proof of Publication Meyer replat & SIA The applicant has provided the following materials in the packet: Land Use Application Preliminary Plat Final Plan & Site Plan Project Narrative Terracina Response Letter Mineral Rights Notice Adjacent Property Mailers The applicant has also provided the following materials that are not in the packet: Checklists Preliminary Civil Plans 2013 Traffic Impact Analysis Geotech Reports Neighbor list Property Record Card Draft HOA Declarations Title Commitment Legal Description Draft SIA 1999 Environmental Site Assessment Elk Creel Condos Architecture RECOMMENDATION: Staff is recommending approval of this application with the following conditions: 1.A d d r e s s d r a i n a g e a n d u t i l i t y e n g i n e e r i n g c o m m e n t s p r o v i d e d b y M e r r i c k & C o m p a n y a n d r e v i s e d o c u m e n t s a c c o r d i n g l y . Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com 2.A d d r e s s r e v i e w c o m m e n t s i n W h i t m e r L a w F i r m m e m o d a t e d 3 - 1 5 - 2 0 2 2 a n d r e v i s e d o c u m e n t s a c c o r d i n g l y . 3.Specify width of proposed ROW on plat. 4.Fraser should require additional ROW for the existing Johns Drive in conjunction with this development application to match the 60’ ROW that is being proposed. 5.Revise note to say 4W has 16 units remaining, not 46. Add additional remaining unit language to Final Plan AND Final Plat notes regarding density transfer. 6.Add Old Victory Road setbacks to Final Plan and Final Plat. 7.On Final Plan note #2, delete “130 permitted including 30% transfer (This may be determined in the future). 8.Revise site data charts accordingly to equal a total of 46 units per the requested density transfer and add site date charts to Final Plat. 9.Clarify reference to conservation easement on Sheet 3 and 4 of 11 of the Final Plan. 10.Reference to development permit in the title should be deleted and replaced with Site Plan per Code. 11.Applicant must secure CDOT Utility Permit for US 40 sewer crossing prior to recording the final plat. 12.Applicant shall resubmit for review and approval all final plat and final plan & site plan documents. This development application shall be scheduled for Planning Commission once these conditions has been addressed. See PC Resolution 2022-03-01. Please contact me with questions/concerns. ctrotter@town.fraser.co.us FRASER PLANNING COMMISSION RESOLUTION NO. 2022-03-01 A RESOLUTION RECOMMENDING APPROVAL OF THE PRELIMINARY PLAT AND FINAL PLAN ELK CREEK CONDOMINIUMS PA 4W.1 AND MEYER SUBDIVISION LOT 2 LOCATED IN SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PM, TOWN OF FRASER, COUNTY OF GRAND, STATE OF COLORADO WHEREAS, at a regular meeting of the Fraser Planning Commission held on March 23, 2022, Cornerstone Winter Park Holdings LLC., was present, requesting a recommendation of approval for a preliminary plat and final plan Elk Creek Condominiums Planning Area 4W.1 and Meyer Subdivision Lot 2; and WHEREAS, Cornerstone Winter Park Holdings LLC., is the current owner of said property; and WHEREAS, the owner is proposing to subdivide 12.511 acres into 46 multi-family condominiums in one phase; and WHEREAS, the Planning Commission and staff have determined that this application is in compliance with the Land Development Code of the Town of Fraser. NOW THEREFORE BE IT RESOLVED that the Fraser Planning Commission has voted to recommend approval of this development application with the following conditions: 1.A d d r e s s d r a i n a g e a n d u t i l i t y e n g i n e e r i n g c o m m e n t s p r o v i d e d b y M e r r i c k & C o m p a n y a n d r e v i s e d o c u m e n t s a c c o r d i n g l y . 2.A d d r e s s r e v i e w c o m m e n t s i n W h i t m e r L a w F i r m m e m o d a t e d 3 - 1 5 - 2 0 2 2 a n d r e v i s e d o c u m e n t s a c c o r d i n g l y . 3.Specify width of proposed ROW on plat. 4.Fraser should require additional ROW for the existing Johns Drive in conjunction with this development application to match the 60’ ROW that is being proposed. 5.Revise note to say 4W has 16 units remaining, not 46. Add additional remaining unit language to Final Plan AND Final Plat notes regarding density transfer. 6.Add Old Victory Road setbacks to Final Plan and Final Plat. 7.On Final Plan note #2, delete “130 permitted including 30% transfer (This may be determined in the future). 8.Revise site data charts accordingly to equal a total of 46 units per the requested density transfer and add site date charts to Final Plat. 9.Clarify reference to conservation easement on Sheet 3 and 4 of 11 of the Final Plan. 10.Reference to development permit in the title should be deleted and replaced with Site Plan per Code. 11.Applicant must secure CDOT Utility Permit for US 40 sewer crossing prior to recording the final plat. 12.Applicant shall resubmit for review and approval all final plat and final plan & site plan documents. This development application shall be scheduled for Planning Commission once these conditions has been addressed. APPROVED AND ADOPTED THIS 23rd DAY OF March, 2022. FRASER PLANNING COMMISION Chair ATTEST: (SEAL) Town Clerk Grand Park 4w.1 and Meyer Lot 2 Preliminary Plat and FPDP & Development Permit 1 a. Plan Intent and Goals The submitted Preliminary Plat and FPDP for Grand Park 4w.1 and Meyer Lot 2 is for the development of 46 multi-family residential homes within the existing 4W and Meyer Lot 2 neighborhoods. Located near the corner of Old Victory Road and Hwy 40. The proposed 46 condos are located completely on Grand Park 4w.1. Meyer Lot 2 has been included with this plat to dedicate the required 60’ Johns Drive ROW. The remaining parcels on Meyer Lot 2 will be platted as a separate submittal in the future. All additional references and site data in this narrative are specific to 4w.1 only. The site amenities include a potential clubhouse. A nearby bus stop on Old Victory Road will give residents access to the surrounding areas. The buildings are oriented to take advantage of the views of Byers Peak. b. Integration The parcel is bound by multi-family housing in 4W to the east, Meyer Lot 2 to the north, and Elk Creek to the south and west. This location is an excellent location for mixed use development given its proximity to existing multi-family and transition to commercial uses along US40. c. Impacts to Neighboring Properties Surrounding properties include commercial properties to the north all of which access US 40 from Old Victory Rd, John’s Drive and CR72. The construction of these homes will not cause any access issues to the commercial sites. Once developed, the residents will provide additional business for the surrounding commercial. The multi-family in 4W will not be negatively impacted by this development. The proposed plan is located in an area that does not block views from the existing condos. Parking for the proposed multi-family will be adequately parked on the proposed site and no cross over parking will be allowed. Existing Elk Creek SFD homes are to the south and are buffered by the Elk Creek floodplain and Elk Creek setbacks. d. Natural Systems The design of the neighborhood is responsive to site features including natural topography to minimize disturbance to the land while maximizing views. A floodplain for Elk Creek exists on the site and will not be disturbed. e. Code Conformance The proposed Preliminary Plat and FPDP for Planning Area 4W.1 conforms to the approved PDDP and meets the requirements for Sketch Plan submittal. The Meyer Lot 2 also conforms to the Fraser Business District zoning. The following identifies conformance to the Town of Fraser PDDP and subdivision ordinance. 1. Land Use. Planning Area 4W in the Grand Park PDDP allows 100 residential units with an allowed 30% maximum transfer increasing the allowed units to 130. There are currently 84 units in 4W with 46 remaining. The 30 transfer units will we from: (27 units from 3wa) and (3 units from 5w). The proposed plan has 46 units in 4W.1 for a gross density of 11.35 DU/AC. 2. Open Space. The PDDP requires 10% open space for the 4w parcel. The required open space is 0.405 acres for 4W.1. 1.84 acres of open space has been provided. Grand Park 4w.1 and Meyer Lot 2 Preliminary Plat and FPDP & Development Permit 2 3. Roadway Standard. The plan has one public road proposed on the site which connects Johns’ Drive to Old Victory Rd. The site plan sheet includes a proposed road section that provides on-street parking on both sides of the street along with an attached walk on both sides within a 60’ ROW 4. Building Setback. The setbacks comply with the Grand Park PDDP. 5. Building Height. The multi-family units will have a maximum height consistent with the PDDP. f. Utilities 1. The apartment site plan is in the early design stages preliminary utility plans have been provided showing connections to surrounding water and sewer services along with a 15” sewer bore across US40. 2. Preliminary drainage studies have been performed along with conceptual locations for on-site detention ponds. 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S. HIGHWAY 4040. 00' DYH WVWV WVWVYDHWV WV YH DWVYHDWVHYDWVWVWVWVS6" 6" 6" 6" 6" 6" 6" 6"6" 6"6" 6"13 3175'155' GARAGEFGARAGECSKIBROKEROLDVICTORY ROAD4W.14WFORESTMEADOWSOLARCOMMUNITYZONED: BUSINESSUS-40BANK OF THEWESTELK CREEKAT RELEASE: _______DESIGNED: _______CAD: _______ QA/QC: _______CORE CONSULTANTS, INC.3473 SOUTH BROADWAY ENGLEWOOD, CO 80113 303.703. 4444 LIVEYOURCORE.COMLANDDEVELOPMENT ENERGY PUBLIC INFRASTRUCTUREPRELIMINARY PLATELK CREEK CONDOMINIUMS PA4W. 1A REPLAT OF 36' SEWER &WATER EASEMENTREC. 21877224' ACCESSEASEMENT12'N. LINE SW1/4, SW1/4, SEC. 20( BASIS OF BEARINGS)10' MOUNTAIN PARKSELECTRIC ESMTBK 241, PG 89712'24'24' JOHN'SDRIVEREC. 290754POINTOFCOMMENCEMENTNE CORNER, SW1/4, SW1/ 4, SECTION 20(SW1/16) FOUND30" LONG # 6 REBARWITH3-1/ 4" ALUMINUM CAPSTAMPED "2020PLS 34592" IN MONUMENTBOXGRAND COUNTY ROAD 72 40'WEST LINE SW1/4, SECTION 20 U.S. HIGHWAY 40TRACT BRESUBDIVISION OF PARCEL C OFFOREST MEADOWSSOLAR COMMUNITYREC 19859010' UTILITY & SNOWSTORAGE EASEMENTREC. 2005005382TOWN OF FRASERREC. 2002-00187110' UTILITY & SNOWSTORAGE EASEMENTREC. 21877236' SEWER, & WATER EASEMENT REC. 2005005382 REC. 218772 BK. 360, PG. 393 10' UTILITYEASEMENTBK. 241, PG. 89920' UTILITY EASEMENTSBK. 199, PG. 684BK. 244, PG. 383BK. 244, PG. 44036' SEWER, &WATER EASEMENTREC. 2005005382REC. 218772BK. 360, PG. 39344' SEWER & WATEREASEMENTREC. 200500538260' AC C E S S EA S E M E N T RE N. LINE SW1/4, SW1/4, SEC. 20(BASISOF BEARINGS)10' MOUNTAIN PARKSELECTRIC ESMTBK 241, PG 89720' MOUTAIN PARKELECTRIC ESMTREC. 2006001855LOT 6 & LOT 7, ELK CREEKCONDOMINIUMSAT GRAND PARKELK CREEK ATGRAND PARKFILING NO. 1REC. 2016- 001816LOT 514, 427 SF0. 331 ACLOT 427, 359 SF0. 628 ACLOT 234, 830 SF0.800 ACLOT 323,760 SF0.545 AC|||||||LOT 176,187 SF1. 749ACS23 56 2 3W 5 5543 N84°40' 30"W 82.48' N0°00' 00"E23. 00'N43° 16'15" W 48.00'N0°00'00" E37.41'N51°46'51"W 57. 87' N68° 21' 47" W 97. 11' N0° 00' 00" E24. 00' N22°30' 35"W 100.00' N29° 16'23" W42. 00'N0° 00'00"E130. 00'N53° 25'02" W80. 28'S89°47'33" W540. 41'N89° 47' 33"E 286.30' 8. 77' 145.89' 918.13' N89° 47'33" E170. 33' 276. 93' 7 9 5 2 8.6 2 S0° 00' 00" E 124. 96' 115. 93' 21. 0 0 S 3 8 1 3 0 9 W 1 5 0 5 3 S66° 03'37" E 255. 93' L= 72. 81' 100. 79' S0°00' 00" E 40. 25'S23 5 6 2 3 W 2 8 3 5 8N66°03'37"W100. 00' 17.0 0N66°03' 37"W85. 00' S235 6 2 3 W17.00N66°03' 37"W26. 00'N235 623 E 17.0 0 N66° 03' 37" W13. 00'N90°00' 00" W13. 00' N0° 00' 00" E 40. 00' N90° 00'00"E13.00'N0°00'00"E87.92' N32000 0 E1 2 5 78 S235623W426 1 S68°56' 03" W21.00' N66° 03'37" W 110.00' S2 35 6 23 W 24.0 0 S66°03' 37" E10.00' S2 35 6 23 W 20.0 0 S66°03'37" E 114. 85' S23 5 6 2 3 W 1 1 0 2 5 S73° 49' 23" W22. 52' N66° 03' 37" W14. 00'N23°56' 23"E15.00' N66°03'37" W 117.50' S23 5 6 2 3 W15. 0 0 N66°03'37"W20.98'N0°00' 00"E 96. THE WHITMER LAW FIRM, LLC  www.whitmerlawfirm.com  Physical: 63331 U.S. Hwy. 40, Granby CO 80446 Mailing: P.O. Box 38, Hot Sulphur Springs, CO 80451 Phone 970.725.3460 Kent H. Whitmer (Kent@whitmerlawfirm.com)‡ William G. Berry (Will@whitmerlawfirm.com)† Sean C. Lemieux (Sean@whitmerlawfirm.com)◊ Valissa Tsoucaris (Valissa@whitmerlawfirm.com)◊ Kaitlin Randall (Katie@whitmerlawfirm.com)◊ ‡ Licensed in Colorado, Wyoming, and Montana † Licensed in Colorado, Wyoming, and Alabama ◊ Licensed in Colorado MEMORANDUM TO: Ms. Catherine, Trotter, Fraser Town Planner FROM: THE WHITMER LAW FIRM DATE: March 15, 2022 RE: Elk Creek Condos Preliminary Plat and FPDP Legal Review Catherine, We have reviewed the following documents from the Alpenglow Subdivision submittal: 1. Grand Park 4w.1 and Meyer Lot 2 Final Planned Development Plan, Development Permit, and Preliminary Plat Application and Narrative 2. Title Commitment No. 0304060-C2 effective January 25, 2021 3. Final Planned Development Plan and Development Permit for Condos at Elk Creek, dated February 1, 2022 4. Preliminary Plat for Elk Creek Condominiums From our review, we have the following comments and concerns. Please let us know if you would like to discuss anything in more detail. 1. The submitted title commitment is outdated under Town Code § 19-1-410, which requires an effective date not earlier than 30 days prior to the date the commitment is tendered to the Town. The Town is aware of a lis pendens recorded December 7, 2021 at Reception No. 2021013626 en- cumbering some of the site, which overlaps a portion of the west side of the submitted develop- ment. An updated title commitment would disclose such an encumbrance. The litigation described in the aforementioned lis pendens will need to be resolved before ap- proval of the 4w.1 submittal. Alternatively, the boundaries for the 4w.1 submittal will need to be adjusted to lie outside of the area covered by the lis pendens. Page 2 of 3 2. FDPD Note 2 says that several structures may have a 0’ setback, including “garages, driveways, sidewalks, roof and deck overhands, retaining walls, recreational amenities and utilities . . . .” Ap- plicant should state under what authority it relies for this assertion. Town Code § 19-2-610 does not include such exceptions. 3. The site chart on FPDP page 3 includes three one-bedroom units per building. Since there are four buildings, there would be a total of 12 one-bedroom units, not 10 as stated on the chart, which would equate to 48 total units. Applicant should include which of the buildings will not have one-bedroom units to comply with the 46-unit density requested. 4. The Narrative says that Meyer Lot 2 has been included “to dedicate the required 60’ John Drive ROW.” As such, the Town is expressly not approving any development in that Lot, including Lots 5, 6, and 7 labeled as “Future Development.” The Town cannot make any representations as to the suitability of that future development and should condition any approval of the submit- ted property with a disclaimer that it in no way approves of developing Lots 5, 6, or 7. 5. FPDP pages 8 and 9 and the Construction Drawings, throughout, depict “FUTURE ELK CREEK CONDOS” off-site of the submitted property. These references and depictions should be removed. 6. The plat dedicates “ALL THE STREETS, ALLEYS AND OTHER PUBLIC WAYS AND PLACES SHOWN ON THE ACCOMPANYING PLAT FOR THE USE OF THE PUBLIC FOREVER” but Plan Note 8 states that “ALL ROADS SHALL BE PRIVATE.” In addition, the Narrative says that Meyer Lot 2 has been included only “to dedicate” Johns Drive. Does ap- plicant intend for the roads to be public or private? 7. The FPDP checklist reflects inclusion of draft HOA documents, but no such documents were received. 8. The FPDP checklist also reflects inclusion of a draft development timeline, but no such timeline was included. Moreover, this timeline should include expected time schedules for each phase shown on FPDP Page 11. 9. FPDP Note 7 indicates that open space will be owned by Grand Park HOA. As such, a deed or dedication should be included to the HOA. 10. Under Code § 19-3-230(d), “The final plat shall include a plat note, in form approved by the Town Attorney, which advises purchasers and owners of any lot, parcel or tract shown thereon that, while building permits may be issued prior to final completion of subdivision improve- ments, no certificate of occupancy may be issued for a structure on any lot, parcel or tract until all such improvements, as required by the SIA, have been completed and preliminarily accepted by the Town pursuant to Section 19-3-445.” It does not appear that the preliminary plat is re- quired to have a note, but since the final plat must include it because this is a phased develop- ment. We should remind applicant of this requirement for the final plat. Page 3 of 3 11. Page 3 of the FPDP denotes Conservation Easement as all unmarked areas, which includes Lots 5, 6, and 7, as well as parking and driveway areas. FPDP Page 4 denotes Conservation Easement with rectangular hash marks, but the map does not appear to include any such marks. It is not clear where conservation easements are intended on either of these pages. 12. The submitted Subdivision Improvements Agreement does not include its Exhibits (other than their titles). These will need to be reviewed to ensure compliance with applicable regulations. 13. Under Annexation Agreement § 4.2, “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 PDD Ordinance. . . . Any density transfer to a Planning Area with an approved FPDP will require an amendment to the FPDP under the provisions of the PDD Ordinance.” Although the 2005 PDD states that no plan amendment is required if a density transfer does not exceed 30%, the First Amendment to the Annexation Agreement states that any conflicting provision found in “written documents approved as part of the” PDD is trumped by the terms of the Annexation Agreement. There- fore, references to density transfers for an additional 30 units need to be removed from the FPDP until a transfer application is submitted and approved with sufficient showing of roadway, water, and sewer capacity, along with amendments to the PDD Ordinance and the FPDPs of Cozens Pointe and Elk Creek at Grand Park. 14. The Roadway Master Plan which is a part of the Grand Park PDD Plan states that a permanent public roadway and trail access will be provided between County Road 72 and Old Victory Road. The plans do not address this requirement. 15. The submittal did not include a plan which estimates the number of employees needed to serve all or portions of the development and how they will be provided housing. Applicant must pro- vide details as to how the submittal satisfies the Cornerstone Attainable Housing Plan of April 20, 2005, and the Cornerstone Attainable Housing Plan Audit of December 2021. Sincerely, CC: Ed Cannon 2480 W. 26th Avenue, Unit B225 Denver, Colorado 80211 Tel: +1 303-964-3333 Fax: +1 303-964-3355 www.merrick.com 1 February 16, 2022 Russell Pennington, P.E., Public Works Director Town of Fraser P.O. Box 370 153 Fraser Avenue Fraser, Colorado 80442 RE: PRELIMINARY CONSTRUCTION PLANS FOR CONDOS AT ELK CREEK – PA 4W.1 REVIEW Dear Mr. Pennington: We have reviewed Condos at Elk Creek – PA 4W.1 submittal received January 28, 2022. The submittal included the Preliminary Construction Plans for Condos at Elk Creek – PA 4W.1 and accompanying documents/reports by Terracina Design. We have the following comments to offer related to the proposed sanitary sewer system, proposed water system and erosion control plans. General 1. Minimal information was provided for John’s Road, South Loop Drive and the parking areas. Final construction documents shall include detailed design in conformance with the Town’s standards and design criteria. 2. Final construction documents shall include detailed design, including profiles for the sewers, in conformance with the Town’s standards and design criteria. Construction Plans 1. Sheet 7: a. Provide the Masterplan design or intent for parcels northeast and southwest of John’s Road. It appears these parcels’ utility services can be provided by perimeter utility mains without creating a parallel utility main in the new John’s Drive right-of-way? The Town of Fraser prefers not to have parallel utilities. b. Improve the waterline alignment in John’s Road by routing as illustrated on the red lined drawings, enclosed. This will require dedicating an easement to the Town. c. Verify that the easterly waterline connection is an 8” at the hydrant, a reducer and section of 6” DIP may need to be removed also. Minimize length of pipe in the snow storage area, move gate valve out of snow storage area and into the paved South Loop Rd. d. Town of Fraser Sanitary Sewer Masterplan shows the flows from this project continuing north to manhole STRC-18 and ultimately across Highway 40 into the 21” trunk sewer main per plans reviewed in January. This route would greatly reduce the amount of pipe in South Loop Rd. and John’s Rd. 2. Sheet 8: a. The Town of Fraser prefers not to have parallel utilities as shown in John’s Road. b. Improve the waterline alignment in John’s Road by routing as illustrated on the red lined drawings, enclosed. This will require dedicating an easement to the Town. 2 c. Verify that the easterly waterline connection is an 8” at the hydrant, a reducer and section of 6” DIP may need to be removed also. Minimize length of pipe in the snow storage area, move gate valve out of snow storage area and into the paved South Loop Rd. Verify the waterline and electrical transformer/pedestal close proximity to garages east of property line. d. Town of Fraser Sanitary Sewer Masterplan shows the flows from this project continuing north to manhole STRC-18 and ultimately across Highway 40 into the 21” trunk sewer main per plans reviewed in January. Reverse flow to the east and north, this route would greatly reduce the amount of pipe in South Loop Rd. and John’s Rd. e. Building A is missing the Double Cleanouts as shown on the other buildings. f. A consistent water and sewer service connection location into the buildings would improve maintenance and accessibility in the future. 3. Sheet 12: a. Provide Inlet/Outlet Protection at the Temporary Sedimentation Pond north of Elk Creek Condos parcel. b. The Diversion Ditch north of Elk Creek Condos needs to be realigned to flow into the Temporary Sedimentation Pond – not directly into Elk Creek. Bottom of diversion ditch should have check dams or sediment control logs to minimize erosion. c. Provide emergency overflow protection for W.Q. Pond A and W.Q. Pond B. d. Provide sediment control logs across site drainage swales and rock check dams where concrete pans spill into swales during interim grading phase. 4. Sheet 13: a. The Diversion Ditch north of Elk Creek Condos needs to be realigned to flow into the Temporary Sedimentation Pond – not directly into Elk Creek. Bottom of diversion ditch should have check dams or sediment control logs to minimize erosion. b. Provide emergency overflow protection for W.Q. Pond A and W.Q. Pond B. c. Provide sediment control logs across site drainage swales and rock check dams where concrete pans spill into swales during interim grading phase. Please let us know if you have any questions. Sincerely, MERRICK & COMPANY Terrence P. Kenyon, P.E. Jody M. Allen cc: Adam Cwiklin, CWP, Town of Fraser Water and Wastewater Superintendent >> > SS E E EEE E E E E E E E E E GSGSGSGSGS EX GAS MAIN > X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X XXXX X X X X X X X X X X X X X X X X X X X X X X BLDG B BLDG A GA R A G E S ( T Y P ) <<< < < < << < < < 15'' SS15'' SS15'' SS 15 ' ' S S 15 ' ' S S 15 ' ' S S 15 ' ' S S 15 ' ' S S 15 ' ' S S 15 ' ' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS 8'' SS 8'' SS 8'' SS8'' SS8'' SS8'' SS 8'' S S 8'' S S 8 ' ' S S 8 ' ' S S 8 ' ' S S 8 ' ' S S E E E E E E E E E E E E E E E E E E E E E E E E E E T FO 8'' W8'' W 8' ' W 8' ' W 8' ' W 8' ' W 8' ' W 8' ' W 8' ' W W W W W W W W W W W W W W W O H E O H E O H E O H E O H E O H E O H E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E GGGG G G G G G G G E E E E E E SS 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8 ' ' S S 8'' W 8' ' W 8'' W JOHN'S DR JO H N ' S D R J O H N ' S D R ZE R E X S T 40 SO U T H L O O P R D SO U T H L O O P R D US - 4 0 SKI BROKER EX 100 YR FLOODPLAIN 20' DRAINAGE & WATER ESMT REC. 218772 20' MOUNTAIN PARK ELECTRIC ESMT REC. 2006001855 10' MOUNTAIN PARKS ELECTRIC ESMT BK 241, PG 897 EX 30' SEWER ESMT 48' PUBLIC ROW BK. 473, 949 24' JOHN'S DR REC. 290754 14' ROW BK. 334, PG. 101 22' ROW BK. 334, PG. 99 REC. 94001466 14' ROW BK. 334, PG. 101 ELK CREEK E X G R A V E L R O A D 60' ROW REMOVE EX HYDRANT & TIE INTO EX 8" WATER EX HYDRANT EX HYDRANT TIE INTO EX SANITARY MH EX SANITARY MH EX 8" SANITARY 8' ' S S 8' ' S S 8' ' S S 8'' S S 8'' S S 8'' S S 8'' S S 8' ' W 8' ' W 8'' W 8'' W 8'' W 8'' W 8 ' ' W 8 ' ' W 8 ' ' W 8 ' ' W 8'' W 8'' W 8'' W 8' ' W 8 ' ' S S 8 ' ' S S 8 ' ' S S 8 ' ' S S 8 ' ' S S 8 ' ' S S 8'' S S 8'' S S 8'' S S 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 6'' W 6'' W 6'' W 6'' SS PROP 8" WATER PROP 8" SANITARY DOUBLE SS CLEANOUT (TYP) PROP WATER SERVICE (TYP) PROP WATER SERVICE (TYP) PROP SANITARY SERVICE (TYP) EX 36' SEWER & WATER EASEMENT REC. 218772 EX 36' SEWER & WATER EASEMENT EX 36' SEWER & WATER EASEMENT EX 24' ACCESS EASEMENT EX 36' SEWER & WATER EASEMENT REC. 2005005382 45' TRANSIT LICENSE 10' UTILITY EASEMENT BK 241, PG 899 EX 20' UTILITY EASEMENTS BK. 199, PG. 684 BK. 244, PG. 383 BK. 244, PG. 440 10' UTILITY & SNOW STORAGE EASEMENT REC. 2005005382 EX STORM PIPE UTILITY AND ACCESS EASEMENT (WIDTH VARIES) OVERALL PROJECT BOUNDARY SHEET OF BY DA T E # RE V I S I O N D E S C R I P T I O N 20 2 1 - 0 9 - 2 9 X: \ 1 5 - 0 0 3 M E Y E R L O T 2 - G R A N D P A R K \ C A D \ P L A N S \ S O U T H - P R E L I M I N A R Y C D S UT I L I T Y P L A N . D W G CO N D O S A T E L K C R E E K - P A 4 W . 1 TO W N O F F R A S E R , C O L O R A D O PR E L I M I N A R Y C O N S T R U C T I O N P L A N S 17 1S T S U B M I T T A L MG 1 01 / 2 8 / 2 0 2 2 NO T F O R CO N S T R U C T I O N Know what's below. Call before you dig. te r r a c i n a 10 2 0 0 E . G i r a r d A v e , A - 3 1 4 De n v e r , C O 8 0 2 3 1 ph : 3 0 3 . 6 3 2 . 8 8 6 7 td de s i g n UT I L I T Y P L A N ( 1 O F 2 ) 7 UT I L I T Y P L A N ( 1 O F 2 ) 7 0 30'60' 1 inch = 30' N KEY MAP SCALE: 1" = 400' MA T C H L I N E S E E N E X T S H E E T MATCH LINE SEE NEXT SHEET >>> > > > > > >> > > > > >> > > > > > > > > > >> > > > > > > > > > > > > > > > > > > > > > > > >>>> > > > > > > > > > > > >> > >> > > > > SS W8 W8 W8 W8 W8 W8 W8 W8 W8 W8 W8 > > > > > > > > > W6 W6 > > W6W6W6W6W6W6 > > > > W6 W6 W6 > > > > > > > > T SS SS W6 W6 W6 W6 W6 W 6 W6 W6 W6 SS SS EEEEEEEE E E E E E E E E E E E E E E E E E E E E E E E E E E E EEEEEEEE E E E E E E E E E E E E E E E E E E E EEEE E EE E GS GS GS GS GS GS GS GS GS GS GS GS G S G S G S G S G S GSGSGSGSGSGSGSGSGSGS GS GS GS GS G S G S GS GS G S GS GA S M A I N E X T E N S I O N GS GS GS GS GS GS GS GS GS GS GS GS GS G S E E E E G S GS E EE E E E EE E X G A S M A I N EX GAS MAIN > 175' > > >>>>> > > > X X X X X X X X X X X X X X XX X X X X X X X X X X X X X X X X X X X X X X X X BLDG B BLDG C BLDG D BLDG A GA R A G E S ( T Y P ) GA R A G E S ( T Y P ) < < < < < < < < < < < < < < < < < < < < < < < < < << < < < < < < < 15'' SS15'' SS15'' SS15'' SS15'' SS15'' SS15'' SS15'' SS 15 ' ' S S 15 ' ' S S 1 5 ' ' S S 1 5 ' ' S S 1 5 ' ' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8 ' ' S S 8 ' ' S S 8 ' ' S S 8 ' ' S S E E E E E E E E E E E E E E E E E E E E E E E E E T W W W W W W W W W W W W W W W W W W W W W 8'' W8'' W8'' W8'' W8'' W8'' W8'' W 8' ' W 8' ' W W W OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E W G G G G GGGGGGGG G G G G G G G G G G G G G G G G G G G G G E EEE E E E EE EE EE E E E E E EEEEEE E E E E E E E E E E E E E EEE E E E SS SS SS 1 2 ' ' W 8 ' ' S S WWWWWWWWW W W W W W W W W W W W W W W W W 8'' W8'' W8'' W8'' W8'' W 8'' W 8'' W 8'' W 8'' W W W OL D V I C T O R Y R D ELK R A N C H R D SO U T H L O O P R D SO U T H L O O P R D EX 100 YR FLOODPLAIN 20' DRAINAGE & WATER ESMT REC. 218772 20' MOUNTAIN PARK ELECTRIC ESMT REC. 2006001855 10' MOUNTAIN PARKS ELECTRIC ESMT BK 241, PG 897 EX 30' SEWER ESMT EX DRAINAGE EASEMENT EX 36' ROW 60' ROW REMOVE EX HYDRANT & TIE INTO EX 8" WATER REMOVE EX HYDRANT & TIE INTO EX 8" WATER EX SANITARY MH 8'' S S 8'' S S 8'' S S 8' ' S S 8' ' S S 8' ' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' W 8'' W 8'' W 8'' W 8' ' W 8' ' W 6'' S S 8' ' W 8' ' W 8' ' W 8'' W 8'' W 8'' W 8'' W 6'' S S 6'' W 8 ' ' W 8 ' ' W 8 ' ' W 8 ' ' W 8'' W 8'' W 8'' W 8'' W 8'' S S 8'' S S 8'' S S 6'' W 6'' W 6'' W 6'' W 6' ' W 6'' S S 6'' S S 6'' SS PROP 8" WATER PROP 8" WATER PROP 8" SANITARY PROP 8" SANITARY DOUBLE SS CLEANOUT (TYP) PROP WATER SERVICE (TYP) PROP WATER SERVICE (TYP) PROP WATER SERVICE (TYP) PROP WATER SERVICE (TYP) PROP SANITARY SERVICE (TYP) PROP SANITARY SERVICE (TYP) PROP SANITARY SERVICE (TYP) PROP SANITARY SERVICE (TYP) PROP HYDRANT ASSEMBLY (TYP) EX 36' SEWER & WATER EASEMENT 44' SEWER & WATER EASEMENT REC. 2005005382 10' UTILITY EASEMENT BK. 241, PG. 897 FUTURE ELK CREEK CONDOS FUTURE ELK CREEK CONDOS FUTURE ELK CREEK CONDOS FUTURE ELK CREEK CONDOS UTILITY AND ACCESS EASEMENT (WIDTH VARIES) OVERALL PROJECT BOUNDARY N 0 30'60' 1 inch = 30' SHEET OF BY DA T E # RE V I S I O N D E S C R I P T I O N 20 2 1 - 0 9 - 2 9 X: \ 1 5 - 0 0 3 M E Y E R L O T 2 - G R A N D P A R K \ C A D \ P L A N S \ S O U T H - P R E L I M I N A R Y C D S UT I L I T Y P L A N . D W G CO N D O S A T E L K C R E E K - P A 4 W . 1 TO W N O F F R A S E R , C O L O R A D O PR E L I M I N A R Y C O N S T R U C T I O N P L A N S 17 1S T S U B M I T T A L MG 1 01 / 2 8 / 2 0 2 2 NO T F O R CO N S T R U C T I O N Know what's below. Call before you dig. te r r a c i n a 10 2 0 0 E . G i r a r d A v e , A - 3 1 4 De n v e r , C O 8 0 2 3 1 ph : 3 0 3 . 6 3 2 . 8 8 6 7 td de s i g n UT I L I T Y P L A N ( 2 O F 2 ) 8 KEY MAP SCALE: 1" = 400' MA T C H L I N E S E E P R E V I O U S S H E E T MATCH LINE SEE PREVIOUS SHEET >> > SS E E EEE E E E E E E E E E GSGSGSGSGS EX GAS MAIN > BLDG B BLDG A GA R A G E S ( T Y P ) <<< < < < << < < < X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X XXXX X X X X X X X X X X X X X X X X X X X X X X JOHN'S DR JO H N ' S D R J O H N ' S D R ZE R E X S T 40 US - 4 0 SKI BROKER EX 100 YR FLOODPLAIN 20' DRAINAGE & WATER ESMT REC. 218772 20' MOUNTAIN PARK ELECTRIC ESMT REC. 2006001855 10' MOUNTAIN PARKS ELECTRIC ESMT BK 241, PG 897 EX 30' SEWER ESMT 48' PUBLIC ROW BK. 473, 949 24' JOHN'S DR REC. 290754 14' ROW BK. 334, PG. 101 22' ROW BK. 334, PG. 99 REC. 94001466 14' ROW BK. 334, PG. 101 ELK CREEK E X G R A V E L R O A D 60' ROW 8' ' S S 8' ' S S 8' ' S S 8'' S S 8'' S S 8'' S S 8'' S S 8' ' W 8' ' W 8'' W 8'' W 8'' W 8'' W 8 ' ' W 8 ' ' W 8 ' ' W 8 ' ' W 8'' W 8'' W 8'' W 8' ' W 8 ' ' S S 8 ' ' S S 8 ' ' S S 8 ' ' S S 8 ' ' S S 8 ' ' S S 8'' S S 8'' S S 8'' S S 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 8'' SS 6'' W 6'' W 6'' W 6'' SS 8597 859 5 8 5 9 4 859 4 8595 859 68595 8594 85 9 2 85 9 3 85 9 4 85 9 4 8590 8595 8591 8592 8593 8594 8586 8587 8588 858 9 8590 85 9 0 8591 859 2 8 5 9 3 859 5 859 4 85 9 2 8590 8589 8591 859 0 858 9 85 9 1 8590 85 8 6 8 5 8 7 8 5 8 8 85 8 9 85 9 3 85 9 4 8590 8586 85 8 7 85 8 8 85 8 9 8591 8592 85 8 7 8 5 8 8 858 6 858 6 85 8 8 8588 8586 8587 8585 85 9 6 8591 8592 8593 859 5 8594 858 9 85 8 9 858 9 8589 8 5 8 6 858 7 8 5 8 8 8 5 8 9 860 0 860 1 8 5 9 6 86 0 1 86 0 1 8 5 9 5 85 9 1 85 9 1 85 9 2 8 5 9 2 859 2 859 1 8592 85 9 1 2.00% 1.99% 2.00% 2.00% 1. 7 9 % 4. 3 8 % 2.0 0 % 2.0 3 % 2.0 0 % 2.0 0 % 2.00% 1.71% 3. 4 5 % 2.0 0 % 2.0 0 % 2.0 0 % 2.0 0 % 1.0 0 % 1. 9 7 % 2.2 2 % 1.0 0 % 1.6 3 % 1. 5 3 % 1. 5 3 % 1.0 0 % 3.0 6 % 1.01% 1.46 % 1. 3 6 % 1 . 3 8 % 1 . 3 8 % 1.38 % 1.38% 15'' SS15'' SS15'' SS 15 ' ' S S 15 ' ' S S 15 ' ' S S 15 ' ' S S 15 ' ' S S 15 ' ' S S 15 ' ' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS 8'' SS 8'' SS 8'' SS8'' SS8'' SS8'' SS 8'' S S 8'' S S 8 ' ' S S 8 ' ' S S 8 ' ' S S 8 ' ' S S E E E E E E E E E E E E E E E E E E E E E E E E E E T FO 8'' W8'' W 8' ' W 8' ' W 8' ' W 8' ' W 8' ' W 8' ' W 8' ' W W W W W W W W W W W W W W W O H E O H E O H E O H E O H E O H E O H E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E GGGG G G G G G G G E E E E E E SS 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8 ' ' S S 8'' W 8' ' W 8'' W VTC 50'X20' 85 9 6 85 9 5 85 9 2 8591 85 8 9 8 5 9 0 8 5 8 9 8 5 8 8 SCL SCL <<<< < <<<<<<<<<<< DD PROVIDE POSITIVE DRAINAGE FOR EX FES EX 36' SEWER & WATER EASEMENT REC. 218772 EX 36' SEWER & WATER EASEMENT EX 36' SEWER & WATER EASEMENT EX 24' ACCESS EASEMENT EX 36' SEWER & WATER EASEMENT REC. 2005005382 45' TRANSIT LICENSE 10' UTILITY EASEMENT BK 241, PG 899 EX 20' UTILITY EASEMENTS BK. 199, PG. 684 BK. 244, PG. 383 BK. 244, PG. 440 10' UTILITY & SNOW STORAGE EASEMENT REC. 2005005382 TEMPORARY SEDIMENT POND 858 0 858 5 WATER QUALITY POND A WATER QUALITY POND B 8 5 8 8 8 5 8 7 IP IP IP IP UTILITY AND ACCESS EASEMENT (WIDTH VARIES) OVERALL PROJECT BOUNDARY SHEET OF BY DA T E # RE V I S I O N D E S C R I P T I O N 20 2 1 - 0 9 - 2 9 X: \ 1 5 - 0 0 3 M E Y E R L O T 2 - G R A N D P A R K \ C A D \ P L A N S \ S O U T H - P R E L I M I N A R Y C D S GR A D I N G P L A N . D W G CO N D O S A T E L K C R E E K - P A 4 W . 1 TO W N O F F R A S E R , C O L O R A D O PR E L I M I N A R Y C O N S T R U C T I O N P L A N S 17 1S T S U B M I T T A L MG 1 01 / 2 8 / 2 0 2 2 NO T F O R CO N S T R U C T I O N Know what's below. Call before you dig. te r r a c i n a 10 2 0 0 E . G i r a r d A v e , A - 3 1 4 De n v e r , C O 8 0 2 3 1 ph : 3 0 3 . 6 3 2 . 8 8 6 7 td de s i g n ER O S I O N C O N T R O L P L A N ( 1 O F 2 ) 12 N 0 30'60' 1 inch = 30' KEY MAP SCALE: 1" = 400' MA T C H L I N E S E E N E X T S H E E T MATCH LINE SEE NEXT SHEET >>> > > > > > >> > > > > >> > > > > > > > > > >> > > > > > > > > > > > > > > > > > > > > > > > >>>> > > > > > > > > > > > >> > >> > > > > SS W8 W8 W8 W8 W8 W8 W8 W8 W8 W8 W8 > > > > > > > > > W6 W6 > > W6W6W6W6W6W6 > > > > W6 W6 W6 > > > > > > > > T SS SS W6 W6 W6 W6 W6 W 6 W6 W6 W6 SS SS EEEEEEEE E E E E E E E E E E E E E E E E E E E E E E E E E E E EEEEEEEE E E E E E E E E E E E E E E E E E E E EEEE E EE E GS GS GS GS GS GS GS GS GS GS GS GS G S G S G S G S G S GSGSGSGSGSGSGSGSGSGS GS GS GS GS G S G S GS GS G S GS GA S M A I N E X T E N S I O N GS GS GS GS GS GS GS GS GS GS GS GS GS G S E E E E G S GS E EE E E E EE E X G A S M A I N EX GAS MAIN > 175' > > >>>>> > > > BLDG B BLDG C BLDG D BLDG A GA R A G E S ( T Y P ) GA R A G E S ( T Y P ) < < < < < < < < < < < < < < < < < < < < < < < < < << < < < < < < < X X X X X X X X X X X X X X XX X X X X X X X X X X X X X X X X X X X X X X X X OL D V I C T O R Y R D ELK R A N C H R D EX 100 YR FLOODPLAIN 20' DRAINAGE & WATER ESMT REC. 218772 20' MOUNTAIN PARK ELECTRIC ESMT REC. 2006001855 10' MOUNTAIN PARKS ELECTRIC ESMT BK 241, PG 897 EX 30' SEWER ESMT EX DRAINAGE EASEMENT EX 36' ROW 60' ROW 8'' S S 8'' S S 8'' S S 8' ' S S 8' ' S S 8' ' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' W 8'' W 8'' W 8'' W 8' ' W 8' ' W 6'' S S 8' ' W 8' ' W 8' ' W 8'' W 8'' W 8'' W 8'' W 6'' S S 6'' W 8 ' ' W 8 ' ' W 8 ' ' W 8 ' ' W 8'' W 8'' W 8'' W 8'' W 8'' S S 8'' S S 8'' S S 6'' W 6'' W 6'' W 6'' W 6' ' W 6'' S S 6'' S S 6'' SS 8596 8597 8598 8597 8598 859 5 8 5 9 4 859 4 8595 859 68595 8594 85 9 2 85 9 3 85 9 4 85 9 4 8595 8591 8592 8593 859 4 86 0 0 85 9 8 8 5 9 8 8 5 9 9 8 6 0 1 8600 8599 8595 8595 8596 8 5 9 3 8 5 9 4 8 5 9 4 85 9 5 8590 85 9 0 8591 859 2 8 5 9 3 859 5 859 4 85 9 2 8590 859 5 8591 859 2 8593 8594 859 0 858 9 85 9 1 85 9 3 85 9 4 85 9 6 85 9 7 8597 859 8 85 9 7 859 8 86 0 0 8 5 9 8 8 5 9 9 86 0 0 85 9 9 85 9 8 85 9 8 85 9 8 8 5 9 7 8598 85 9 8 85 9 7 8595 8596 85 9 1 8 5 9 2 860 0 860 1 860 1 860 2 860 2 8 5 9 6 86 0 1 86 0 1 8 5 9 5 85 9 1 85 9 1 85 9 2 8 5 9 3 8 5 9 4 8 5 9 2 859 2 859 1 8592 85 9 1 2.0 0 % 2.0 0 % 2.00% 1.99% 2.00% 2.00% 1. 7 9 % 4. 3 8 % 2.0 0 % 2.0 0 % 2.0 0 % 2.0 3 % 2.0 0 % 2.0 0 % 2.00% 1.71% 3. 4 5 % 2.0 0 % 1.8 9 % 1.2 2 % 2.0 0 % 2.0 0 % 2.0 0 % 1.5 3 % 2.0 0 % 2.0 0 % 1.5 3 % 2.0 0 % 2.0 0 % 2.0 0 % 1.0 0 % 1. 9 7 % 2.2 2 % 1.0 0 % 1.6 3 % 1.6 3 % 1.3 1 % 1.4 5 % 1.5 3 % 1.5 3 % 1. 5 3 % 1. 5 3 % 1.0 0 % 3.0 6 % 1.01% 1.46 % 1. 3 6 % 15'' SS15'' SS15'' SS15'' SS15'' SS15'' SS15'' SS15'' SS 15 ' ' S S 15 ' ' S S 1 5 ' ' S S 1 5 ' ' S S 1 5 ' ' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8'' S S 8 ' ' S S 8 ' ' S S 8 ' ' S S 8 ' ' S S E E E E E E E E E E E E E E E E E E E E E E E E E T W W W W W W W W W W W W W W W W W W W W W 8'' W8'' W8'' W8'' W8'' W8'' W8'' W 8' ' W 8' ' W W W OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E W G G G G GGGGGGGG G G G G G G G G G G G G G G G G G G G G G E EEE E E E EE EE EE E E E E E EEEEEE E E E E E E E E E E E E E EEE E E E SS SS SS 1 2 ' ' W 8 ' ' S S WWWWWWWWW W W W W W W W W W W W W W W W W 8'' W8'' W8'' W8'' W8'' W 8'' W 8'' W 8'' W 8'' W W W VTC 50'X20' 8 5 9 6 8 5 9 7 8 5 9 8 859 8 85 9 8 86 0 0 860 0 859 8 859 9 8595859 5 8 5 9 6 8 5 9 7 8 5 9 6 8 5 9 5 8 5 9 8 8 5 9 9 859 9 859 9 85 9 6 85 9 5 SCL SCL SCL 8 6 0 8 8 6 0 5 SCL IP IP <<<< < <<<<<<<< DD PROVIDE POSITIVE DRAINAGE FOR EX FES EX 36' SEWER & WATER EASEMENT 44' SEWER & WATER EASEMENT REC. 2005005382 10' UTILITY EASEMENT BK. 241, PG. 897 FUTURE ELK CREEK CONDOS FUTURE ELK CREEK CONDOS FUTURE ELK CREEK CONDOS FUTURE ELK CREEK CONDOS WATER QUALITY POND A WATER QUALITY POND B IP IP UTILITY AND ACCESS EASEMENT (WIDTH VARIES) OVERALL PROJECT BOUNDARY SHEET OF BY DA T E # RE V I S I O N D E S C R I P T I O N 20 2 1 - 0 9 - 2 9 X: \ 1 5 - 0 0 3 M E Y E R L O T 2 - G R A N D P A R K \ C A D \ P L A N S \ S O U T H - P R E L I M I N A R Y C D S GR A D I N G P L A N . D W G CO N D O S A T E L K C R E E K - P A 4 W . 1 TO W N O F F R A S E R , C O L O R A D O PR E L I M I N A R Y C O N S T R U C T I O N P L A N S 17 1S T S U B M I T T A L MG 1 01 / 2 8 / 2 0 2 2 NO T F O R CO N S T R U C T I O N Know what's below. Call before you dig. te r r a c i n a 10 2 0 0 E . G i r a r d A v e , A - 3 1 4 De n v e r , C O 8 0 2 3 1 ph : 3 0 3 . 6 3 2 . 8 8 6 7 td de s i g n ER O S I O N C O N T R O L P L A N ( 2 O F 2 ) 13 N 0 30'60' 1 inch = 30' KEY MAP SCALE: 1" = 400' MA T C H L I N E S E E P R E V I O U S S H E E T MATCH LINE SEE PREVIOUS SHEET 2480 W. 26th Avenue, Unit B225 Denver, Colorado 80211 Tel: +1 303-964-3333 Fax: +1 303-964-3355 www.merrick.com 1 March 3, 2022 Russell Pennington, P.E., Public Works Director Town of Fraser P.O. Box 370 153 Fraser Avenue Fraser, Colorado 80442 RE: ELK CREEK PA 4W.1 DRAINAGE REVIEW Dear Mr. Pennington: We have reviewed the Elk Creek PA 4W.1submittal received February 2, 2022. The submittal included the Construction Plans for Condos at Elk Creek – PA 4W.1, dated January 28, 2022 by Terracina Design. We did not receive a drainage report, but some calculations and drainage maps were provided in the construction plans. We have the following comments to offer related to the drainage improvements. Construction Plans 1. On all sheets where shown, update the 100-year floodplain limits to match the currently effective limits as defined by the Letter of Map Revision (LOMR) made effective on March 26, 2010. The limits appear to be close to the 2010 limits, except for in a few locations such as where the drainage and utility easements cross the creek (near Section C in the LOMR). 2. Looking at Google Earth, there is an existing dirt access road across Elk Creek from this site to Elk Ranch Road. We recommend removing this access road when the site is developed and restoring the vegetation and Elk Creek channel. 3. Sheets 6, 7, and 8, Utility Plans, show proposed storm sewers. Label the pipe sizes and provide plan and profiles sheets that detail the storm sewers. 4. On Sheet 9, Overall Grading Plan, a berm is proposed along the southern and western sides of the site to create a swale. Regrade the top of berm to be at least 3’ wide instead of 0’ wide. 5. On Sheet 9, Overall Grading Plan, grading for Water Quality Pond A and the berm along the southern and western sides of the site is shown outside of the Overall Project Boundary in several locations. Modify the grading to maintain the pond limits and berm to be within this boundary. 6. On Sheet 10, the temporary sediment pond for runoff from John’s Drive must also be designed to reduce peak runoffs to historic rates per criteria since it is not known how long this temporary condition will exist. Provide details for this pond. 7. On Sheet 10, a swale is proposed at the outfall of the storm sewer system that is located within the floodplain. The swale is oriented perpendicular to flood flows which would create a “dip” in the grades and a high potential for erosion in the swale and adjacent utility easement. The outfall must be extended to the edge of Elk Creek to minimize the grading disturbance. 2 8. On Sheet 11, the grading for Water Quality Ponds A and B is showing the bottoms to be flat. Regrade these ponds to account for trickle channels, sloping bottoms, and a minimum 4-inch depth from the trickle channel invert to the micropool elevation. 9. On Sheet 11, for Water Quality Pond B, clarify where the emergency overflow will be located and which way the overflows will be directed. 10. Provide detailed grading plans and outlet structure details for both water quality ponds. 11. Provide typical sections for all swales. 12. Verify that all buildings will have at least 1-foot of freeboard above the Elk Creek base flood elevations (BFEs). 13. On Sheets 12 and 13, Erosion Control Plans, provide a legend to define the erosion control symbols. Calculations and Drainage Maps 14. Sheets 14 to 17 include a basic drainage design explanation, soils information, runoff calculations, existing and developed drainage maps, and select excerpts from previous studies and plans. This information is typically provided in a drainage report as required by Town criteria. Provide a complete drainage report, including all required calculations per the comments below, unless a variance is approved by the Town of Fraser. 15. On Sheet 14, Basins OS-1, OS-2, and OS-3 are referred to. Show these basins on the Developed Drainage Map (Sheet 16) since they could not be found on the excerpts provided. 16. Provide the following sizing calculations: a. All swales b. MHFD pond design spreadsheets referred to on Sheet 14 that size the water quality capture volume and outlet sizing. c. All required pond sizing calculations including for forebays, micropools, spillways, and outlet pipes. d. Sediment basin e. Riprap protection for spillways and storm pipe outfalls. f. Storm pipe and inlet sizing, including hydraulic grade line (HGL) calculations g. Provide documentation or calculations for the design flow for the 30” bypass pipe. 17. On Sheet 16, Developed Drainage Map, show the existing 30” bypass storm pipe from Old Victory Road and the existing Pond 3 outfall pipe. Note that these pipes and ponds do not appear to be existing per Google Earth. We suggest labeling them as “future by others”. 18. On Sheet 16, Developed Drainage Map, label Pond 3 and Pond 4. 19. On Sheet 16, Developed Drainage Map, Basin A1 includes area at the north end of the site that is shown draining to the north, instead of to Design Point A1 and Water Quality Pond A. If this area will not drain to Design Point A1, do not include it in Basin A1 since it affects the runoff calculations and percent imperviousness. It this area will be regraded to drain to Design Point A1, show the proposed grading and account for the land use in the percent imperviousness calculations which appears to be a proposed parking lot. 3 20. On Sheet 16, Developed Drainage Map, Basin C1 is showing a portion of the proposed site draining to Pond 4 for Elk Creek Condos at Grand Park located east of this site. This detention pond was not sized for runoff from this development. Therefore, runoff from this development must be routed to the proposed swale and Water Quality Pond A or Pond 4 must be resized to account for this additional runoff. Please let us know if you have any questions. Sincerely, MERRICK & COMPANY Jeanne M. Boyle, P.E., CFM t e r r a c i n a d e s i g n Landscape Architecture Planning Civil Engineering 10200 E. Girard Avenue, A-314. Denver, CO 80231 ph: 303.632.8867 January 31, 2022 Ms. Catherine Trotter Town Planner Town of Fraser 153 Fraser Avenue, P.O. Box 370 Fraser, CO. 80442 RE: 4W and Meyer Sketch Plan Comments Dear Ms. Trotter, On behalf of Grand Park Development, Terracina Design offers the following responses to the Sketch Plan comments received on December 22, 2021. 1. This sketch plan appears to be similar to the “North Retail” proposal submitted in 2015, which was never concluded but which also encompassed portions of the GP PDD and the Meyer subdivision. Attached is previous review memo from Rod McGowan regarding that prior proposal. RESPONSE: Refer to letter from HAP Law, Scott Albertson. 2. Besides compliance with the applicable FPDP and subdivision regulations, GP will also need to comply with the SIA for the Meyer subdivision. A copy is attached. RESPONSE: Noted. This submittal includes 4W and Johns Road at this time. Development of Meyers Lot 2 will be submitted at a future date. 3. The proposal appears to encroach substantially upon the area intended for the Elk Creek Meadow conservation easement. RESPONSE: The Conservation Easement is shown on the plans. The conservation easement is not within the proposed Plat or Final Plan. 4. Sketch plan acreage doesn’t match with assessor’s data (7.75 vs. 8.3). RESPONSE: Refer to the plat boundary and legal for the area propose for development. The Conservation Easement is being omitted from the plat so the acreage from the Assessors data will not be the same. 5. Density transfer from what planning area? RESPONSE: Density is being transferred from 3Wa and 5W. Refer to notes on FPDP for specifics 6. Parking doesn’t appear to meet code. RESPONSE: Parking for 4W.1 meets code. Refer to Final Plan for details. 7. Break up the land use data separately for each lot. RESPONSE: Refer to Preliminary Plat. t e r r a c i n a d e s i g n Landscape Architecture Planning Civil Engineering 10200 E. Girard Avenue, A-314. Denver, CO 80231 ph: 303.632.8867 Utility comments: Water - The sketch plan spans two water systems. Both areas (Meyers and 4W, GP PDD) have reliability issues pertaining to augmentation. Fraser feels these issues should be resolved to ensure Fraser has a sustainable water supply to serve the development. RESPONSE: Refer to Letter from WaterLaw. 4W - Fraser does not have the legal right to access or manage augmentation water located within Grand Park pond complex. This issue should be resolved to ensure Fraser has a sustainable water supply for the 4W portion of the perspective development. RESPONSE: Refer to Letter from WaterLaw. Meyers lot – 83CW362 decrees the supply for this geographic location. The water right is senior but conditional because the augmentation requirement has not been fulfilled. The augmentation ponds decreed location is almost built out. Forest Meadows augmentation pond location should be resolved to ensure sustainable water supply for the Meyers portion of the perspective development. RESPONSE: Refer to Letter from WaterLaw. Sanitary Sewer – Any development in the 4W/Meyers Lot sketch plan area will require 15-inch sanitary sewer highway crossing at Bank of the West to put constructed. When the crossing is in place, Fraser could potentially abandon the existing sanitary sewer main extending from Manhole CM001 (at Bank of the West and Hwy crossing connection Point) to point upstream of 601 South Zerex (Ski Broker) sewer service tap with conditions. RESPONSE: Sewer Plans have been submitted to the Town for review. Please feel free to call myself or any member of our team with any questions you may have. Sincerely, Layla Rosales MEMO TO: Catherine E. Trotter, Town Planner, Town of Fraser CC: Clark Lipscomb Layla Rosales Janae Champlin Scott Albertson FROM: Kevin Patrick DATE: January 13, 2022 RE: Your Email Dated December 22, 2021, Respecting 4W and Meyer Sketch Plan (our file #0744B3) This memorandum is sent on behalf of Grand Park/Cornerstone Winter Park to addresses the water comments made in the above-referenced email. The land use and other comments will be addressed separately by Scott Albertson. I address two of your concerns together because they appear interrelated: Water - The sketch plan spans two water systems. Both areas (Meyers and 4W, GP PDD) have reliability issues pertaining to augmentation. Fraser feels these issues should be resolved to ensure Fraser has a sustainable water supply to serve the development. Meyers lot – 83CW362 decrees the supply for this geographic location. The water right is senior but conditional because the augmentation requirement has not been fulfilled. The augmentation ponds [sic] decreed location is almost built out. Forest Meadows augmentation pond location should be resolved to ensure sustainable water supply for the Meyers portion of the perspective development. Response: The Town has been conveyed a legal water supply in Case No. 98CW41 which fully augments the demands identified in the decree. There have never been any legal challenges or claims asserted that the decree is “unreliable.” The decree is a final decree of the Water Court and the plan is operational; the Town supplies accounting monthly evidencing adequate augmentation releases to cover all demands. Similarly, the developer has fully satisfied all of its responsibilities to provide an adequate legal and physical water supply for the “Forest Meadows augmentation plan” decreed by the Town in Case No. 83CW362. The Town has failed to implement the plan, but this in no way requires Grand Park to perform any additional obligations. January 13, 2022 Page 2 A brief description of the history should be helpful. On October 29, 1981, the Owners of the land known as the Forest Meadows development entered into an Annexation Agreement. This Agreement obligated the owners to convey certain water rights to the Town, which they did, in return for water service (0.5 cfs of the Elk Creek Ditch No. 2). The Town then annexed the property. Ordinance dated November 19, 1981, recorded at Book 310, pages 536-540. The Town then proceeded to decree a plan for augmentation in Case No. 83CW362, using the Elk Creek Ditch No. 2 water right. The Town insisted on the developer conveying the balance of the water right owned by the developer so the Town would have title to the full 2.0 cfs. This led to a dispute between the owners (referred to as Meyer) and the Town over the extent of what obligations Meyer owed the Town in return for water service. In full and complete settlement, Meyer conveyed the balance of the water right owned to the Town (Special Warranty Deed recorded at Book 446, page 882) and the parties entered into a settlement agreement dated June 6, 1990, attached. The settlement agreement expressly resolved “all questions and disputes regarding the requirements of Article 17.101 of the Pre-Annexation Agreement and the Augmentation Plan as they relate to the [above-described] property and Meyer.” The settlement agreement acknowledged that Meyer would pay a cash payment to Fraser and provide an opinion of title to the water. In return, Meyer and all future owners of the Meyer property and its successors were relieved of any and all obligations under the plan for augmentation and pre-annexation agreement: relating to the diversion of water from Elk Creek Ditch No. 2, storage of water in a reservoir, the providing of easements for the diversion and storage of water, the construction and maintenance of diversion structures and storage reservoirs and the obtaining of a conditional decree for a reservoir, and the payment of any costs associated with the Augmentation Plan.” Stated simply, the Town released Meyer and all future owners of the property from any obligations under the plan, any requirement to construct storage, and any requirement to provide easements for a reservoir. It was incumbent then for the Town to implement the plan if it wished the plan to be operational. The settlement agreement expressly obligates the Town to serve upon payment only of tap fees (as the Town has served other developments within the original Forest Meadows development such as Murdoch’s Center, Wendy’s, Bank of the West, Divide condos, and Elk Creek Townhomes). A refusal to provide treated water unless additional water related exactions are made at this stage would constitute a breach of the settlement agreement. 4W - Fraser does not have the legal right to access or manage augmentation water located within Grand Park pond complex. This issue should be resolved to ensure Fraser has a sustainable water supply for the 4W portion of the perspective development. Response: While arguably unnecessary, the negotiation of a separate west side facilities agreement has been a long negotiation. We were extremely close to having a final agreed upon agreement last winter when the Town rewrote and reorganized the agreement in an extensive January 13, 2022 Page 3 redline. Nevertheless, the Town has been managing the augmentation releases with Grand Park for years without any problems. Grand Park has made all required releases, without incident, and without any complaints from the State as requested by the State and Town. Adam Cwiklin has not reported any difficulties and sends the State and my office his accounting reports showing the Town’s administration under the decree issued in Case No. 98CW41. Nevertheless, my client is working through the last round of changes the Town made to the agreement and should have a revision to the Town soon, but again, we take issue with whether the agreement is even necessary and certainly there is no record of the Town being unable to administer releases under the decree without an agreement. If there are any additional concerns or comments, please contact me. Thank you. HOLLEY, ALBERTSON & POLK, P.C. ATTORNEYS AT LAW DENVER WEST OFFICE PARK SUITE 100, BUILDING 19 1667 COLE BLVD, GOLDEN, COLORADO 80401 PHONE (303) 233-7838 FAx (303) 233-2860 SCOTT D. ALBERTSON DENNIS B. POLK ERIC E. TORGERSEN MELISSA R. LIEF RYAN S. STEVENS January 31, 2022 EMAIL ONLY Kent H. Whitmer, Esq. Town Attorney Town of Fraser kent a.whitmerlawfirm.com Re: 4W and Meyer Sketch Plan Dear Mr. Whitmer: GEORGE ALAN HOLLEY 1925 - 2002) This letter is directed to you in order to respond in part to the December 22, 2021 comments from Catherine Trotter, Fraser Town Planner, with respect to the above -referenced project. A copy of those comments is attached. Specifically, Ms. Trotter's comments include the following statement: This Sketch Plan appears to be similar to the "North Retail" proposal submitted in 2015, which was never concluded but which also encompassed portions of the GPPDD and the Meyer Subdivision. Attached is a previous review memo from Rod McGowan regarding that prior proposal [the McGowan memo is also attached to this letter]. First, it is unclear why Ms. Trotter is and we believe inappropriate for Ms. Trotter to be commenting on a proposed 2021/2022 development proposal for residential development by referring back to a memorandum dated more than 6 %2 year ago related to a commercial development plan. The development request from 6 %z years ago was withdrawn and did not proceed to hearing or approval. The current plan has no similarities to the 2015 "North Retail" plan. Frankly, the proposal from 6 '/2 years ago is irrelevant and the applicant is entitled to detailed review and comment on the current development proposal without reference to an archaic memorandum. Kent H. Whitmer, Esq. January 31, 2022 Page 2 Second, Mr. McGowan is no longer the Town Attorney and, as such, his Memorandum from 6 %2 years ago does not constitute a viable or meaningful response from the Town. Third, to the extent comments from 6 % years ago on a separate and distinct development proposal may have any relevance to the current proposal, many of those comments appear to be addressed, to the extent necessary or appropriate in the current submittal to the Town. Paragraphs A.2 and 3 from the McGowan memo pertaining to water sources and water availability are separately addressed in a memo to Ms. Trotter dated January 13, 2022 from Kevin Patrick, Cornerstone's water attorney. A copy of that memo is provided with this letter for your reference. Paragraph A.6 of the McGowan memo references Section 10.6 of the Amended and Restated Annexation Agreement and suggests that 6 '/2 years ago, Fraser was requesting or might request the 5 acre property conveyance referenced in said section of the Annexation Agreement. That Section provides, In the event voter approval is not obtained or proof of adequate financing is not provided by the District as set forth above, and after written requests by Fraser for a site designated by Fraser... and consented by Developer, which consent shall not be unreasonably withheld, five (5) acres shall be conveyed to Fraser for a public purpose." Fraser has not requested the 5 acre conveyance in connection with any recent development proposal in Grand Park and has not done so with respect to this particular application. And, as such, Fraser has obviously not requested any consent from the Developer required in connection with any such conveyance. Paragraph A.8(c) of the McGowan memo provides, "Fraser may request conveyance of a site (in addition to PA6W) for satellite public works facilities as part of a FPDP." While this citation to Fraser's potential desire for a three -tenths (3/10'1') of an acre satellite site as set forth in Section 10.7 of the Annexation Agreement is correct, there has been no request for or designation of such a site by Fraser. Again, the reference to the McGowan memo in Ms. Trotter's comments has no relevance. Section B of Mr. McGowan's memo is entitled Compliance with FPDP Regulations and, as set forth above, addresses compliance issues with respect to a completely different development proposal. As such, that entire section of the McGowan memo is simply and completely inapplicable to a new and different development proposal 6 A years later. Section C of the McGowan memo pertains to "Other Matters" and addresses requirements that could be imposed on property within the Meyer Subdivision pursuant to the May 26, 2005 Subdivision Improvement Agreement for the Meyer Subdivision. As the McGowan memo states, the Meyer Subdivision was "generally intended to extinguish prior restrictions and undertakings relating to the property and defer [them] until such time as the Kent H. Whitmer, Esq. January 31, 2022 Page 3 property was developed." The McGowan memo goes on to note that the Town might require additional rights -of -way and easements, might require pedestrian access, and might require improvements to CR72. Cornerstone understands the content of the SIA for the Meyer Subdivision and will respond to any specific, reasonable requests from the Town related to the current development proposal which does include a portion of the Meyer Lot. Without specificity, there is nothing presented for response. In summary, it is extremely frustrating to receive comments to a current development proposal for residential units that incorporate a 6 '/2 year old memo elated to commercial plans which were withdrawn, much less to attempt to discern what portions of that memo the Town deems to be relevant to the current development proposal. Thank you for your consideration of this correspondence and for your cooperation in moving this development proposal forward in a positive fashion. Sincerely yours, HO LEY, ALB RTSON & POLK, P.C. Sco D. Albertson SDA/dp From: Catherine Trotter <ctrotter@town.fraser.co.us<mailto:ctrotter@town.fraser.co.us» Sent: Wednesday, December 22, 2021 3:48 PM To: C. Clark Lipscomb <clark@cstoneholdings.com<maifto:clark@cstoneholdings.com»; Catherine Trotter ctrotter@town.fra ser.co.us<mailto:ctrotter@town.fraser.co.us» Cc: Layla Rosales <Irosales@terracinadesign.com<mailto:Irosales@terracinadesign.com»; Janae Champlin janae@grandparkco.com<mailto:janae@grandparkco.com» Subject: 4W & Meyer Sketch Plan preliminary comments Clark: This sketch plan appears to be similar to the "North Retail" proposal submitted in 2015, which was never concluded but which also encompassed portions of the GP PDD and the Meyer subdivision. Attached is previous review memo from Rod McGowan regarding that prior proposal. Besides compliance with the applicable FPDP and subdivision regulations, GP will also need to comply with the SIA for the Meyer subdivision. A copy is attached. The proposal appears to encroach substantially upon the area intended for the Elk Creek Meadow conservation easement. Sketch plan acreage doesn't match with assessor's data ( 7.75 vs. 8.3). Density transfer from what planning area? Parking doesn't appear to meet code. Break up the land use data separately for each lot. Utility comments: Water - The sketch plan spans two water systems. Both areas (Meyers and 4W, GP PDD) have reliability issues pertaining to augmentation. Fraser feels these issues should be resolved to ensure Fraser has a sustainable water supply to serve the development. 4W - Fraser does not have the legal right to access or manage augmentation water located within Grand Park pond complex. This issue should be resolved to ensure Fraser has a sustainable water supply for the 4W portion of the perspective development. Meyers lot — 83CW362 decrees the supply for this geographic location. The water right is senior but conditional because the augmentation requirement has not been fulfilled. The augmentation ponds decreed location is almost built out. Forest Meadows augmentation pond Iodation should be resolved to ensure sustainable water supply for the Meyers portion of the perspective development. Sanitary Sewer— Any development in the 4W/Meyers Lot sketch plan area will require 15 -inch sanitary sewer highway crossing at Bank of the West to put constructed. When the crossing is in place, Fraser could potentially abandon the existing sanitary sewer main extending from Manhole CM001 (at Bank of the West and Hwy crossing connection Point) to point upstream of 601 South Zerex (Ski Broker) sewer service tap with conditions. 6 Catierine E. Trotter, AICP Town Planner Town of Fraser 153 Fraser Avenue, P.O. Box 370 Fraser, CO. 80442 Phone: 970-726-5491 x209 Fax: 970-726-5518 https://nam02.safelinks. protection.outlook.com/?url=https%3A%2F%2 Furldefense.proofpoint.com%2Fv2%2 Furl%3 Fu 3Dhttps-3A__nam02.safelinks.protection.outlook.cam_-3Fur1-3Dhttps-253A-252F-252Furldefense.proofpoint.com- 252 Fv2-252FurI-253 Fu-253Dhttp-2D3A-5 F-5 Fwww.frasercolorado.com-2526d-253 DDwQFAg-2526c- 253DeuGZstcaTDIlvim EN8b7jXrwg0f-2Dv5A-5FCdpgnVfiiMM-2526r-253DHYYPmPtNm677HdWMQzoY8f5p7tfSv1j87zSf3- 5FfkmcU-2526m-253DKXdQNzgV-2DIIXoHuOferscPZI1sygxHxt9NFGLV9EZV0-2526s- 253DsuoQaB4eD0BeBFRd24Jh7kavmu80yGefL3CoQxKEkZw-2526e-253D-26data-3D04-257C01-257Cpatrick- 2540waterlaw.cam-257C7d9d8df6c2da4098f14c08d9d4976919-257C0c72243a b136400697eadf66151a697b-257C0- 257C0-257C637774569048424368-257CUnknown- 257CTW FpbGZsb3d8eyJ W Ijoi MC4wLjAwM DAi LCJQIjoiV2IuMzli LCJ BTii61 k1ha WwiLCJXVCI6M n0-253 D-257C3000-26sdata- 3DZy7E1s1xmPdGk-252F0tOeAg6X1n-252BGG6coPM4KRkcIC7a0A-253D-26reserved- 3DO%26d%3DDwMFAg%26c%3DeuGZstcaTDIlvimEN8b7jXrwgOf- v5A_CdpgnVfiiM M%26r%3DHYYPmPtNm677HdWMQzoY8f5p7tfsvlj87z5f3_fkmcU%26m%3Du9QzsAY5niX5jfbAfzA8tzeU fPT2P8faazYH8aythc0%26s%3DEvCXp--N_CzPptQkibyiiKGwOsR- MAMxomrDijuKTQA%26e%3D&amp;data=04%7001%7Cpatrick%40waterlaw.com%7C97f849d64e834f1502c60$d9d51c b685%7C0c72243ab136400697eadf66151a697b%7C0%7C0%7C637775141582082404%7CUnknown%7CTWFpbGZsb3d8 eyJW IjoiMC4wLjAwMDAiLCJQijoiV21uMz1 iLCJBT1161k1ha Wwi LCJXVCI6Mn0%3D%7C3000&am p;sdata=%2F8108h%2BN44P S8cDX4n P6FGi HCEWzosmgxruA6s1SpJM%3 D&amp;reserved=0>https://na m02.safelinks.protection.outlook.com/?url=ht tp%3A%2F%2 Fwww.frasercolorado.com%2 F&amp;data=04%7C01%7Cpatrick%40waterlaw.com%7C97f849d64e834f150 2c608d9d51cb685%7C0c72243ab136400697eadf66151a697b%7C0%7C0%70637775141582082404%7CUnknown%7CT WFpbGZsb3d8eyJWljoiMC4wLjAwMDAiLCJQIjoiV2IuMzIiLCJBTi161k1haWwiLCJXVCI6Mn0%3D%7C3000&amp;sdata=u0HJ eblrs1FiWcJie7Ngcix53TT3kmaW 1X9gWr6As9c%3D&a mp; reserved=0<https://na m02.safelinks.protection.outlook.com/ url=https%3A%2F%2Furldefense.proofpoint.com%2Fv2%2Furl%3Fu%3Dhttp- 3A www.frasercolorado.com%26d%3DDwQFAg%26c%3DeuGZstcaTDllvimEN8b7jXrwg0f- v5A_Cd pgnVfiiM M%26r%3 DHYYPm PtNm677HdW MQzoY8f5p7tfSvlj87zSf3_fkmcU%26m%3Du9QzsAY5niX5 jfbAfzA8tzeU fPT2 P8faazYH8aythc0%26s%3 DHub_6guLX8xRLalE7hcvoAm 1HbX15hCTzural80738c%26e%3 D&amp;data=04%7C01%7Cp atrick%40waterlaw.com%7C97f849d64e834f1502c608d9d51cb685%7C0c72243a b136400697eadf66151a697b%7C0%7C 0%7C637775141582082404%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwM DAiLCJQijoiV2IuMzliLCJBTi161k1haW wiLCJXVCI6Mn0%3D%7C3000&amp;sdata=WOX9fQBDgD%2Bx9NnEoizxeQZjC%2 FV5vp0lrAlVfox2j%2BM%3D&amp;res erved=0> i mage002.jpg> Confidentiality Warning: This message and any attachments are intended only for the use of the intended recipient(s), are confidential, and may be privileged. If you are not the intended recipient, you are hereby notified that any review, retransmission, conversion to hard copy, copying, circulation or other use of this message and any attachments is strictly prohibited. If you are not the intended recipient, please notify the sender immediately by return e-mail, and delete this message and any attachments from your system. mime -attachment> 7 CAZIER & MCGOWAN Attorneys at Law Stanley W. Cozier, P.C. Rodney R. McGowan, P.C. John D. Walker, P.C., of Counsel MEMORANDUM 62495 U.S. Highway 40 East P.O. Box 500 Granby, Colorado 80446 Telephone: (970) 887-3376 Fax: (970)887-9430 Rod McGowan rod(amcgowan-nc.com To: Ms. Catherine Trotter, Fraser Town Planner cc: Mr. Jim Swanson, Town Engineer; Mr. Allen Nordin, Public Works Director From: Rod McGowan, Town Attorney Date: July 15, 2015 Subject: North Retail at Grand Park - FPDP and Development Permit Application I received the following materials regarding this proposal: Title Commitments Narrative Development Permit/Final Planned Development Plan (Final Plan), dated 4/22/15 The following comments supplement those provided by the Town Engineer and Town Planner. The applicant has submitted this proposal as an integrated project on different parcels, portions of which are subject to the Towns PDD regulations and other portions which are subject to the Business Zone development permit regulations. While the latter regulations call for only Planning Commission review and approval, the PDD regulations require review and approval by the Board of Trustees as well. It is recommended that the entire proposal be reviewed in accordance with the procedures provided in the PDD regulations, since they are more comprehensive and include the Board of Trustees review. A. Compliance with Annexation Agreement and PDD Plan 1. A portion of the proposed project lies within the Grand Park PDD and is subject to the requirements contained in the 2003 Rendezvous Annexation Agreement and PDD Plan, as amended by the 2005 Grand Park PDD Plan amendment. This proposal relates to Planning Area 4W, as shown on the Grand Park PDD Plan, but only a portion of PA4W designated as PA4W.1A) is included in the proposed FPDP. July 15, 2015 Page 2 2. The Annexation Agreement requires the developer to design, construct and convey to the Town all "Water Source Facilities" needed to serve the development. Such Water Source Facilities include "raw water reservoirs, distribution system to convey water to and from such reservoirs, and other augmentation facilities required to provide a legal and physical potable water supply for the Rendezvous Property..." Currently, a decreed source for augmentation water under the Rendezvous augmentation plan is the reservoir referred to as Maryvale Reservoir, or Mary's Pond, located at East Mountain. This reservoir has been used to satisfy the augmentation requirements for the Rendezvous water system, but the facility has not yet been conveyed to Fraser. A proposed Grant of Easement and Augmentation Pond Operation Agreement has been prepared and submitted to the applicant and Rendezvous Colorado LLC for approval, in order to satisfy this requirement. As of this writing, that Agreement has not yet been executed. Approval of the current proposal should be conditioned upon the execution of such Agreement and delivery to the Town. 3. Appropriate professionals should confirm whether additional Water Source Facilities and/or Water Regional Facilities are necessary to serve the proposed development and other existing or currently proposed development at Rendezvous/Grand Park. If additional augmentation storage is required, approval of this proposal should be conditioned upon the developer constructing and conveying the storage facilities or easements therefor, together with all necessary or appropriate water rights, upon terms acceptable to the Town. 4. The Annexation Agreement provides that the open space parcels designated on the 2003 PDD as Elk Creek Meadow and Cozens Meadow (PA23W) are to be placed into a conservation easement, subject to agreement with Fraser regarding the use and maintenance of said areas, the exact location and description of such open space parcels. Approval of this proposal should be conditioned upon the execution and recording of such conservation easement, upon terms acceptable to the Town. 5. The Roadway Master Plan which is a part of the Grand Park PDD Plan states that a permanent public roadway and trail access will be provided between County Road 72 and Old Victory Road. The plans do not address this requirement. 6. Other Annexation-PDD requirements that apply. a) Annexation Agreement §10.6 - provides that Fraser may designate and require the conveyance of a five -acre site for a public purpose. Fraser has requested the conveyance of this site pursuant a letter from the Town Attorney dated May 29, 2015. The requested site is adjacent to Old Victory Road between the existing Cozens Meadow subdivision and Highway 40. The conveyance of this site should be a condition of approval of the FPDP. July 15, 2015 Page 3 b) Annexation Agreement § 10.7 — provides for conveyance of a 4 acre site for public use (PA6W). Fraser has requested that this site be conveyed to the Town, but such conveyance has not yet been completed. Completion of this conveyance should also be a condition of approval of the current proposal. 7. Requirements to be satisfied prior to approval of FPDP or subdivision application: a) Design for Water Source, Regional and Local Facilities to serve proposed development [AA5.3, 5.5, 5.6]. See items A.2 and A.3 above. No plans were received, or were reviewed by others. b) Design for central sewer system to serve proposed development [AA6.2]. No plans were received, or were reviewed by others. c) Fraser may request conveyance of a site (in addition to PA6W) for satellite public works facilities as part of a FPDP [AA10.7]. B. Compliance with FPDP regulations [Code §§16-5-410 et seq.] and Development Permit regulations [Code §§16-4-11 et seq.] 1. The materials reviewed did not include a development schedule. [Code §16-5-430(1)] Any approval of the FPDP and development permit should be conditioned upon commencement of actual construction within a specific period of time, to avoid obsolete or outdated plans that may not conform to future conditions or regulations. Code § 16-4- 180 provides that a development permit shall expire if the applicant does not begin construction or use of the property in accordance with the provisions of the development permit within three (3) years from the date of approval. That requirement should be applied to each proposed commercial area as a condition of approval. 2. No public improvement agreements, surety bonds or construction guarantees have been submitted. [Code §16-5-430(5) and §16-4-30(4)] 3. The submittal did not include a plan which estimates the number of employees needed to serve all or portions of the development and how they will be provided housing. [Code 16-5-430(10) and § 16-4-390]. Section 4.7 of the Annexation Agreement includes requirements relating to attainable housing, which have not been addressed in the submittal materials. 4. Code § 16-5-440(9) calls for submission of a public transit plan. No such plan was included in the materials reviewed. July 15, 2015 Page 4 5. A development permit application is to include building floor plans [Code §16-4- 140(c)(3)]. No such plans were included in the materials reviewed. 6. A plan note states that proposed open space will be owned and maintained by North Retail at Grand Park. Fraser's regulations require that open space be publically dedicated or conveyed to an owners association that will be responsible for future maintenance. 7. No traffic impact study was included in the materials reviewed. [Code §16-5-430(12)] 8. Code § 16-4-30 provides that the Town may impose conditions on the issuance of a development permit, including, without limitation, restrictions on use; creation of a homeowners or merchants association to hold and maintain common property; dedications related to community health safety and welfare, including easements for utilities, roads, snow storage etc.; provision of public improvements; and construction guarantees. C. Other Matters 1. The portion of the property in the Meyer Subdivision is subject to the terms of the May 26, 2005 Subdivision Improvement Agreement executed between the Town and Cornerstone Winter Park Holdings LLC with respect to that subdivision. The Meyer Subdivision was a resubdivision of previously platted property and was generally intended to extinguish prior restrictions and undertakings relating to the property and defer new improvements and undertakings until such time as the property was developed. Among other things, the Subdivision Improvement Agreement provides: a) The Town may require additional street rights -of -way and access and utility easements in connection with further subdivision or issuance of a development permit for either of the Lots included on the Meyer Subdivision plat. b) The Town reserved the right to review future development plans for the property, whether in terms of a further subdivision application or an application for a development permit or building permit. As part of such review, the Town may require and condition approval of the development upon the following: i) The Town may require additional dedications of streets and easements as necessary to serve the proposed development and/or to connect with other existing or planned streets; ii) The required easements are to include a public pedestrian access to and along Elk Creek; July 15, 2015 Page 5 iii) The Town may require that CR 72 be widened and/or realigned to accommodate the alignment of the Fraser Valley Parkway; iv) The Town may require compliance with other requirements of the subdivision regulations, including minimum open space, stream setbacks, trails, sidewalks and drainage facilities; v) The Town may require the owners of the first Development Parcel to be developed to be responsible for and pay the costs of designing and constructing CR 72 as a 40 -foot paved driving surface, from the end of the existing pavement at the intersection with John's Drive to the separated grade railroad crossing near the south boundary of the Subdivision. WATE RLAW, I'll KICK I MILLET: I Nora Kevin L. Patrick* Shareholder patrickOwaterlaw. com Reply to Basalt Office licensed in AZ, CO, OK, TX MEMO TO: Catherine E. Trotter, Town Planner, Town of Fraser CC: Clark Lipscomb Layla Rosales Janae Champlin Scott Albertson FROM: Kevin Patrick DATE: January 13, 2022 RE: Your Email Dated December 22, 2021, Respecting 4W and Meyer Sketch Plan (our file #0744B3) This memorandum is sent on behalf of Grand Park/Cornerstone Winter Park to addresses the water comments made in the above -referenced email. The land use and other comments will be addressed separately by Scott Albertson. ASPEN: 197 Prospector Dr. fIaddresstwoo our concerns theytogetherbecause appear interrelated:Suite 2104 AY Aspen, CO 81611 T. 970.920.1030 F. 970.925.6847 Water - The sketch plan spans two water systems. Both areas (Meyers and 4W, GP PDD) have reliability issues pertaining to augmentation. Fraser feels these issues should be resolved to ensure Fraser has a sustainable water supply to serve the BASALT: development.Waterlaw Riverwalk 229 Midland Avenue Basalt, CO 81621 T. 970.920.1030 Meyers lot -- 83CW362 decrees the supply for this geographic location. The water F. 970.927.1030 right is senior but conditional because the augmentation requirement has not been fulfilled. The augmentation ponds I -sic] decreed location is almost built out. Forest DENVER. Meadows augmentation pond location should be resolved to ensure sustainable 99918th St. water supply for the Meyers portion of the perspective development.30th Floor Denver, CO 80202 T. 303,893.9700 Response: The Town has been conveyed a legal water supply in Case No. 98CW41F. 303.893.7900 p Y g pp Y which fully augments the demands identified in the decree. There have never been any legal challenges or claims asserted that the decree is "unreliable." The decree SCOTTSDALE: is a final decree of the Water Court and the plan is operational; the Town supplies16427N. Scottsdale Rd. Suite 410 accounting monthly evidencing adequate augmentation releases to cover all Scottsdale, AZ 85254 demands. Similarly,the developer has fully satisfied all of its responsibilities toT. 800.282.5458 P p F. 970.927.1030 provide an adequate legal and physical water supply for the "Forest Meadows augmentation plan" decreed by the Town in Case No. 83CW362. The Town has failed to implement the plan, but this in no way requires Grand Park to perform any additional obligations. vnvw.weterlaw.com Professional Corp. Offices: Aspen, CO • Basalt, CO • Denver, CO - Scottsdale, AZ Serving: Arizona • Colorado • Montana • North Dakota • Oklahoma • Texas WATERLAW January 13, 2022 Page 2 PATRICK MILLER NOTO A brief description of the history should be helpful. On October 29, 1981, the Owners of the land known as the Forest Meadows development entered into an Annexation Agreement. This Agreement obligated the owners to convey certain water rights to the Town, which they did, in return for water service (0.5 cfs of the Elk Creek Ditch No. 2). The Town then annexed the property. Ordinance dated November 19, 1981, recorded at Book 310, pages 536-540. The Town then proceeded to decree a plan for augmentation in Case No. 83CW362, using the Elk Creek Ditch No. 2 water right. The Town insisted on the developer conveying the balance of the water right owned by the developer so the Town would have title to the full 2M cfs. This led to a dispute between the owners (referred to as Meyer) and the Town over the extent of what obligations Meyer owed the Town in return for water service. In full and complete settlement, Meyer conveyed the balance of the water right owned to the Town (Special Warranty Deed recorded at Book 446, page 882) and the parties entered into a settlement agreement dated June 6, 1990, attached. The settlement agreement expressly resolved "all questions and disputes regarding the requirements of Article 17.101 of the Pre -Annexation Agreement and the Augmentation Plan as they relate to the [above -described] property and Meyer." The settlement agreement acknowledged that Meyer would pay a cash payment to Fraser and provide an opinion of title to the water. In return, Meyer and all future owners of the Meyer property and its successors were relieved of any and all obligations under the plan for augmentation and pre -annexation agreement: relating to the diversion of water from Elk Creek Ditch No. 2, storage of water in a reservoir, the providing of easements for the diversion and storage of water, the construction and maintenance of diversion structures and storage reservoirs and the obtaining of a conditional decree for a reservoir, and the payment of any costs associated with the Augmentation Plan." Stated simply, the Town released Meyer and all future owners of the property from any obligations under the plan, any requirement to construct storage, and any requirement to provide easements for a reservoir. It was incumbent then for the Town to implement the plan if it wished the plan to be operational. The settlement agreement expressly obligates the Town to serve upon payment only of tap fees (as the Town has served other developments within the original Forest Meadows development such as Murdoch's Center, Wendy's, Bank of the West, Divide condos, and Elk Creek Townhomes). A refusal to provide treated water unless additional water related exactions are made at this stage would constitute a breach of the settlement agreement. 4W - Fraser does not have the legal right to access or manage augmentation water located within Grand Park pond complex. This issue should be resolved to ensure Fraser has a sustainable water supply for the 4W portion of the perspective development. Response: While arguably unnecessary, the negotiation of a separate west side facilities agreement has been a long negotiation. We were extremely close to having a final agreed upon agreement last winter when the Town rewrote and reorganized the agreement in an extensive WAT E RLAW January 13, 2022 Page 3 PATRICK MILLER F NOTO redline. Nevertheless, the Town has been managing the augmentation releases with Grand Park for years without any problems. Grand Park has made all required releases, without incident, and without any complaints from the State as requested by the State and Town. Adam Cwiklin has not reported any difficulties and sends the State and my office his accounting reports showing the Town's administration under the decree issued in Case No. 98CW41. Nevertheless, my client is working through the last round of changes the Town made to the agreement and should have a revision to the Town soon, but again, we take issue with whether the agreement is even necessary and certainly there is no record of the Town being unable to administer releases under the decree without an agreement. If there are any additional concerns or comments, please contact me. Thank you. Oct 17 2003 9:29AM RENDEZVOUS COLORADO LLC 970-726-7160 p.2 i AGREEMENT I TH3 AGREEMENT, made and entered into this _ day of , 1g90, by and between Walter L. Meyer (*Meyer") and the TOWN OF FRAS , by its Board of Trustees ("Fraser")_ WITNESSETH: WHI REAS, Meyer is the owner of the following real property, located in the Town of Fraser, Grand County, State of Colorado: Blocks 1, 3 and 4, Resubdivision of Tracts b and E, a minor resubdivision of Tract C, Forest Meadows Solar Community; Parcel A, Forest Meadows Solar Community, less Forest Meadows Solar Community Phase I and Lot 1, Block-2, Parcel A, Forest Meadows Solar- Community; Blocks 1, 2, 3, 4 and S, Parcel B, Forest Meadows Solar Community; the "Mey4 Pioperty"); and wl*REAS, Meyer executed a "Pre -Annexation" Agreement with Fraser on or about October 21, 1981, which sets forth certain requirements relative to the conveyance of water rights to Fraser and augmentation of those water rights as a condition to the annexation of the above described Meyer Property and other property to Fraser; and W134REAS, certain water rights were conveyed to Fraser pursuant to the Pre - Annexation 4greement, and a Plan for Augmentation was applied for and approved by the District Court, Water Division No. S, Colorado; and WHEREAS, certain disputeshavearisen-between Meyer and Fraser regarding the validity of, the costs off, and the smplemen-ii on of the Augmentation Plan and regarding th _wOr-ya4c4of additional water rights to Fxaser; and WHEREAS, the parties desire to enter into an agreement whereby all questions and disputes regarding the requirements of Article 17.010 of the Pre -Annexation Oct 17 2003 9:29RM RENDEZVOUS COLORADO LLC 970-726-7160 p.3 Agreement and the Augmentation Plan as they relate to the above described property and Meyer are determined and resolved. NOW, THEREFORE, for and in consideration of the promises and covenants contained herein, the parties agree as follows; 1. Meyer shall convey to Fraser the following described water rights, free and clear of all liens and encumbrances, by Special Warranty Deed: An undivided sixty-four percent of the water available from Elk Creek under the water right decreed to Ells Creek Ditch No. 2, which structure was awarded 3.125 cubic feet of water per second of time under Appropriation No.. 102, date of Appropriation July 23, 1894, decreed on August 11, 1906 by the District Court in and for the County of Grand, State of Colorado, in the matter of the Adjudication of Rights to the use of Water in Water District No. _ 51 for purpose of irrigation. The point of diversion for such Elk Creek Ditch No. 2 was changed to a new point of diversion by decree- of the District Court in and for the County of Grand, State of Colorado, which decree was issued on March 9, 1922, and was- recorded at Book 48, Page 494 of the Records of the Clerk and Reciorder, Grand County, Colorado; TOGETHER WITH an undivided sixty-four percent of all right, title and interest in and to the Elk Creek Ditch No. 2 and the easements and rights of way appurtenant thereto. less 50 cubic feet of water per second of time available from Elk Creek under Meyer's right, title and interest in and to the water right decreed to Elk Creek Ditch No. 2, together with an undivided twenty-five per cent of Meyer's right, title and interest in and to the Elk Creek Ditch No. 2 and the easements and rights -of -way appurtenant thereto, which were conveyed to Fraser by Special Warranty Deed dated October 29, 1981. 2. Meyer shall further pay the sum of $11,000.00 to Fraser. 2- Oct 172003 8:29RM RENDEZVOUS COLORADO LLC 970-726-7160 p.4 3. The deed and payment shall be delivered to Fraser within forty-five (45) days after the date of execution of this Agreement. 4. Within thirty (30) days after the date of execution of this Agreement, Meyer shall provide Fraser with an attorney's title opinion letter addressed to Fraser, by the law firm of Vranesh and Raisch of Boulder, Colorado, which title opinion shall reflect that Meyer has marketable title to the water rights to be conveyed to Fraser subject to no liens or encumbrances. For purposes of this Agreement and such title opinion, the title to the water rights, to be considered marketable, must be deducible of record and free from reasonable doubt such as to make it reasonably certain that title will not be called into question in the future so as to subject Fraser to the hazard of litigation and where no reasonably foreseeable challenge to title or to the right of possession and quiet enjoyment can be demonstrated. The title opinion wilt further reflect the following standard exceptions: a: Rights which would be shown by a careful inspection or survey of the premises; b. Rights of any parties in possession of the water rights or any parts thereof, including easements, rights of way, or tenancies undisclosed in the documents examined; C. All questions regarding federal, state or local tax liens, unpaid taxes or assessments or unredeemed tax sales; d. Mechanic's or materialmads liens; and e. Any defect, lien encumbrance, adverse claim, or other matter affecting the title to or interest in the water rights- about which the parties have actual knowledge but of which Vranesh and Raisch are unaware. Copies of all abstracts of title, recorded instruments and other documents relied on as the basis for such opinion letter shall be delivered to Fraser with the letter and shall become the property 'of Fraser. If such title opinion is not provided or if it fails to conform with the requirements set forth in this Paragraph, then Fraser may cancel this Agreement by giving written notice of such cancellation to Meyer within ten (10) days after its receipt of the title opinion letter and supporting documents. 3- Oct 17 2003 9:29AM RENDEZVOUS COLORADO LLC 970-726-7160 p.5 5. Upon satisfaction of the conditions provided in Paragraph 4 above and delivery of the deed and the payment, Fraser acknowledges and agrees that Meyer and all fixture owners of the Meyer Property shall be deemed to be released from all obligations of the OWNERS set forth in the following sections of -Article 17.010 of the October 21, 1981 Pre. -Annexation Agreement for the Forest Meadows Development, recorded in Grand County on November 17, 1981, in Book 301, Pages 545-578, and, except as set forth in Paragraph 7 hereof, upon delivery of the deed and payment to Fraser, Meyer agrees that Fraser shall be released from any obligations of Fraser as set forth in the following sections of the Pre -Annexation Agreement. a. 17.011 b. 17.012 C. 17.013 d. 17.014 e. 17.015 f. 17.016 S. 17.018 6. Upon satisfaction of the conditions provided in Paragraph 4 above and delivery of the deed and payment; Fraser acknowledges and agrees that Meyer will be relieved of any obligations under the terms and provisions of the Plan for Augmentation approved by the District Court, Water District No. 5, Colorado, in the Amended Order for Summary Judgment entered in Case No. 83-CW-362 on May'27, 1987, relating to the diversion of water from Elk Creek Ditch No. 2, the storage of water in a reservoir, the providing of easements for the diversion and storage of water, Ahe construction and maintenance of diversion structures and storage reservoirs and the obtaining of a conditional decree for a reservoir, and the payment of any costs associated with the Augmentation Plan. Meyer acknowledges and. agrees, however,, that hpi and future owners of the Meyer_Prapehy shall remain subject to all the terms and conditions of said Augmentation Plan as. they affect development and water use on said Meyer Property, including but not limited to those terms relating to required protective covenants and 4- Oct 17 2003 9:29RM RENDEZVOUS COLORADO LLC 970-726-7160 p.6 restrictions and limitations on the use of water for irrigation. Meyer further agrees not to oppose any future modifications or amendments to the Augmentation Plan so long as any such amendments do not create any obligations of any kind on the part of Meyer. 7. Upon satisfaction of the conditions provided in Paragraph 4 above and delivery of the deed and payment, Fraser further agrees to provide water service to the Meyer Property in accordance with the above described Pre - Annexation Agreement. Water taps will be applied for as needed and paid for by Meyer or any future owner of the Meyer Property who applies for the same at the then current price being charged by Fraser. 8. - Fraser further agrees that upon satisfaction of the conditions provided in Paragraph 4 above and delivery of the deed and payment, it will have no_ right to withhold building_permio,_ subdivision or condominium approvals, or preliminary or final plats with respect to the Meyer Property pursuant to Article 17.019 of the above described Pre -Annexation Agreement. 9. This Agreement constitutes the full, complete and entire agreement between the parties as it relates to the subject matter hereof, and no modification hereof shall be binding upon either party unless in writing and signed by both parties. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. to L. Meyer THE TOWN OF FRASER, COLORADO 5- Oct 17 2003 9:29AM RENDEZVOUS COLORADO LLC 970-726-7160 p.7 Attest: Town Clerk 6- f~ GRAND PARK PLANNED DEVELOPMENT DISTRICT PLAN A PART OF SECTIONS 20, 28, 29, 30, 31, 32 TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PM COUNTY OF GRAND, STATE OF COLORADO r; u i"~ u i~ 1 ry \;~j~: /1 \ I 2\ ~ i ' ---:.::;-) I \< ~\ I :,h-, (/ II;)! \\ \ "\ - ". \ (i-"', j/ It ./ c. / 215\!~ :1"'/' 14~' H!!.';" ((\"" 11' 13 j- 18 \\ i \, ',17 --'. ._ j- 16.:::, '1, I I 15 ~>#. /' 1/ Jj~,' ;:;( I\'\'"~ - "',0..; '\ ,~) _ --...... --: ,> '( 11 I" :'1 ' ~'~ ,. . ': L" \ .. ",I" , , '., , 'i .__-___..J "-,\) "\ Ir' :'1' .._~\~-" \ ,,:'j:\ ::": II \,'~ '.v'-" _ .,,-.) \ ',\ f j i 1'1' ,: t'" ..' 1,\--..-.\ 1'1 ',.\ \ Y' , 1'/ 1 / \; fi / " \ \ . \, /1 ~. ,. ------ I ~ ~ ------ \ ;11 ,: I' I';l-:S ',I i ' r ',I 'j_:'- _. _' 0<'. . '~' ___',_ ~~:. ":~ '\ , I, ~_ I r'.,"/ / '".< j" '" - .,:~: .J. L i I i /. '--------. I - .......v.. . 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"'~0-.PUf{ VICINITY MAP 0 1500 3000 6000 VEYOR'S CERTIFICATION: Certifica I a surveyor insuring the accuracy of the survey and plan and certifying that he complied with tli uirements of Colorado Revised Statutes, 1973, Title 38, Article d the requirements of these r tions in the preparation of the plan, to be in subs a Iy the following form: I, , a duly registered land s or in the State of rado, do hereby certify that this plan of Grand Park truly and correctly represe e s of a survey made by me or under my direction, and that said plan complies with the Ire s of Title 38, Article 51, Colorado Revised Statutes, 1973, and that the monume quired by said Sta and by the Town of Fraser Subdivision Regulations have been place e ground. CERTIFICATE FOR APPROVAL BY THE PLANNING CO'MMISSION: The Planning ComgJission of the Town of Fraser, Colorado does hereby authorize and approve this plan. Approved thisXday of NOV1V1l3gR'> <iLcJ05. ulson, Planning Commission Chairperson CERTIFICATE FOR APPROVAL BY THE TOWN BOARD: Approved and all public dedications accepted this r-J"''day of NWEM8.EJ<..:1;'yihe Fraser Town Board. The Town of Fraser does not assume any responsibility for the correctness or accuracy of any information disclosed on this plan nor any representations or information presented to tile Town of Fraser which induced the Town to give this certificate. BY: .2J.':5-.<::1J\ M Fran Cook, Mayor, Town of Fraser i: t; i: t:: U c;; NORTH SCALE: 1"=3000'.0" i: l' . SHEET INDEX COVER SHEET 1 OF 11 LEGAL DESCRIPTION 2 OF 11 LAND USE & 3 OF 11. DEVELOPMENT NOTES SITE ANALYSIS 4 OF 11 PLANNING AREA COMPARISON 5 OF 11 LAND USE PLAN 6 OF 11 PRELIMINARY 7 OF 11 SEWER PLAN PRELIMINARY 8 OF 11 WATER PLAN PRELIMINARY 9 OF 11 GRADING PLAN CONCEPTUAL 10 OF 11 DRAINAGE PLAN MASTER ROADWAY PLAN 11 OF 11 d.OOS-~I~'O~ STATE OF COLORADO } SSCountyofGRAND Filed % fecord this ~ day of ~1r~lJ~5 at 4',1'1 tj o'clock_M. Recorded in Book Page_ Deputy OWNER Comerstone Winter Park Holdings, LLC 47 Cooper Creek Way Suite 321A Winter Park, CO 80482 970)726-8600 PLANNER Gage Davis Associates 475 W 12th Avenue Suite E Denver, Colorado 80204 303) 893-4288 ENGINEER/SURVEYOR Carroll and Lange 46 Cooper Creek Way Suite 328 Winter Park, Colorado 80482 970) 726-8100 Fees sJLI ~ AN AMENDMENT OF THE RENDEzVOUS 2003 PLANNED DEVELOPMENT DISTRICT PLAN COVER SHEET DATE: JUNE 16, 2005 SHEET 1 OF 11 DEDICATION AND NOTARY CLAUSE:GRAND PARK 2. THENCE SOUTH 65'12'18" EAST, A DISTANCE OF 297.56 FEET TO A POINT ON A CURVE; 3. THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 03'38'10", A RADIUS OF 2794.80 FEET, AN ARC lENGTH OF 177.37 FEET, AND A CHORD THAT BEARS SOUTH 61'12'08" EAST; 15. THENCE SOUTH 52'49'30" WEST, A DISTANCE OF 77.31 FEET TO A POINT OF SPIRAL CURVATURE; 16. THENCE ALONG THE ARCS OF A 100 FOOT INSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE RIGHT HAVING A COMBINED ARC lENGTH OF 175.92 FEET, THE CHORD OF WHICH BEARS SOUTH 55'22'51" WEST A DISTANCE OF 175.79 FEET TO A POINT OF CURVATURE; 17. THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 131'31'00", A RADIUS OF 616.03 FEET, AN ARC lENGTH OF 1414.05 FEET, AND A CHORD THAT BEARS NORTH 53'55'00" WEST TO A POINT OF SPIRAL CURVATURE; 1. THENCE SOUTH 00'34'43" EAST, A DISTANCE OF 274.97 FEET~O THE SOUTHWEST CORNER OF SAID PARCEL; 2. THENCE NORTH 89'47'13" EAST, A DISTANCE OF 197.45 FEET TO A POINT ON A CURVE ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAilROAD; THENCE ALONG SAID SOUTHERLY RIGHT-OF.WAY LINE THE FOLLOWING TWENTY-TWO (22) COURSES: 1. THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE lEFT HAVING A CENTRAL ANGLE OF 127"33'14", A RADIUS OF 816.03 FEET, AN ARC lENGTH OF 1816.69 FEET, AND A CHORD THAT BEARS SOUTH 55'53'53" EAST TO A POINT OF spiral CURVATURE; 2. THENCE ALONG THE ARCS OF A 100 FOOT OUTSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE lEFT HAVING A COMBINED ARC lENGTH OF 202.10 FEET, THE CHORD OF WHICH BEARS NORTH 55'32'08" EAST A DISTANCE OF 201.94 FEET; 3. THENCE NORTH 52'49'30" EAST, A DISTANCE OF 77.31 FEET TO A POINT OF spiral CURVATURE; 4. THENCE ALONG THE ARCS OF A 100 FOOT INSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE RIGHT HAVING A COMBINED ARC lENGTH OF 175.92 FEET, THE CHORD OF WHICH BEARS NORTH 55'22'51" EAST A DISTANCE OF 175.79 FEET TO A POINT OF CURVATURE; 5. THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 80'35'20", A RADIUS OF 616.78 FEET, AN ARC lENGTH OF 867.53 FEET AND A CHORD THAT BEARS SOUTH 79'22'50" EAST TO A POINT OF spiral CURVATURE; PLANNED DEVELOPMENT DISTRICT PLANj o l KNOW All MEN BY THESE PRESENTS: THAT CORNERSTONE WINTER PARK HOLDINGS llC, JEFFREY R. JOHNS, FRANK J. JOHNS II, WilLIAM A. JOHNS, DAVID M. JOHNS, CHRISTOPHER JOSEPH JOHNS, PHILIP ALAN JOHNS AND CATHERINE ELAINE HAZLlTT ARE THE OWNERS OF THE REAL PROPERTY SITUATED IN THE TOWN OF FRASER, GRAND COUNTY, COLORADO, MORE FUllY DESCRIBED AS FOllOWS: 9. THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 23'11'00", A RADIUS OF 2764.93 FEET, AN ARC lENGTH OF 1118.76 FEET, AND A CHORD THAT BEARS NORTH 45'40'40" WEST TO A POINT OF SPIRAL CURVATURE; 10. THENCE ALONG THE ARCS OF A 100 FOOT INSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE RIGHT HAVING A COMBINED ARC lENGTH OF 235.64 FEET, THE CHORD OF WHICH BEARS NORTH 32'29'48" WEST A DISTANCE OF 235.62 FEET; GRAND PARK - NORTH PARCEL: 11. THENCE NORTH 31'35'10" WEST, A DISTANCE OF 476.10 FEET TO A POINT OF SPIRAL CURVATURE; 12. THENCE ALONG THE ARCS OF A 100 FOOT OUTSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE lEFT HAVING A COMBINED ARC lENGTH OF 202.10 FEET, THE CHORD OF WHICH BEARS NORTH 34'17'48" WEST A DISTANCE OF 201.94 FEET TO A POINT OF CURVATURE; 13. THENCE ALONG THE ARC OF A CURVE TO THE lEFT HAVING A CENTRAL ANGLE OF 80'35'20", A RADIUS OF 816.78 FEET, AN ARC lENGTH OF 1148.83 FEET, AND A CHORD THAT BEARS NORTH 79'22'50" WEST TO A POINT OF SPIRAL CURVATURE; 14. THENCE ALONG THE ARCS OF A 100 FOOT OUTSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE lEFT HAVING A COMBINED ARC lENGTH OF 202.10 FEET, THE CHORD OF WHICH BEARS SOUTH 55'32'08" WEST A DISTANCE OF 201.94 FEET; A PART OF SECTIONS 20, 28, 29, 30, 31, 32 TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PM COUNTY OF GRAND, STATE OF COLORADOPARTSOFSECTIONS20, 28, AND 29, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF FRASER, COUNTY OF GRAND, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOllOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20 AND CONSIDERING THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20 TO BEAR NORTH 89'47'06" EAST WITH All BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 89'47'06" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 1316.72 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20; THENCE NORTH 89'47'06" EAST, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20, A DISTANCE OF 472.44 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 40; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE THE FOllOWING ELEVEN (11) COURSES: THENCE ALONG THE NORTHERLY AND WESTERLY BOUNDARY OF SAID TRACT "A" THE FOllOWING THREE (3) COURSES: 1. THENCE SOUTId 74'12'26" WEST, A DISTANCE OF 179.91 FEET; 2. THENCE SOUTH 15'39'20" EAST, A DISTANCE OF 506.94 FEET; 3. THENCE SOUTH 18'59'30" EAST, A DISTANCE OF 27.08 FEET TO A POINT ON A CURVE ON THE NORTHERLY RIGHT-OF-WAY LINE OF KING'S CROSSING ROAD, RECORDED AT RECEPTION NO. 96007615 OF THE RECORDS OF THE GRAND COUNTY CLERK AND RECORDER; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE THE FOllOWING TEN (10) COURSES: 1. THENCE ALONG THE ARC OF A NON.TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 30'07'57", A RADIUS OF 167.31 FEET, AN ARC lENGTH OF 87.99 FEET, AND A CHORD THAT BEARS SOUTH 63'58'11" WEST; 2. THENCE SOUTH 86'20'17" WEST, A DISTANCE OF 112.25 FEET; EXCEPT THAT PORTION THEREOF DESCRIBED UNDER RECEPTION NO. 95004884 OF THE RECORDS OF THE GRAND COUNTY CLERK AND RECORDER, BEING MORE PARTICULARLY DESCRIBED AS FOllOWS: THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF FRASER, COUNTY OF GRAND, STATE OF COLORADO, DESCRIBED AS FOllOWS: . 9. THENCE SOUTH 31'35'10" EAST, A DISTANCE OF 269.65 FEET TO A POINT OF spiral CURVATURE; 10. THENCE ALONG THE ARCS OF A 100 FOOT OUTSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE lEFT HAVING A COMBINED ARC lENGTH OF 244.37 FEET, THE CHORD OF WHICH BEARS SOUTH 32'30'31" EAST A DISTANCE OF 244.35 FEET TO A POINT OF CURVATURE; 11. THENCE ALONG THE ARC OF A CURVE TO THE lEFT HAVING A CENTRAL ANGLE OF 23'11'00", A RADIUS OF 2964.93 FEET, AN ARC lENGTH OF 1199.69 FEET AND A CHORD THAT BEARS SOUTH 45'40'40" EAST TO A POINT OF spiral CURVATURE; 12. THENCE ALONG THE ARCS OF A 100 FOOT OUTSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE lEFT HAVING A COMBINED ARC lENGTH OF 69.78 FEET, THE CHORD OF WHICH BEARS SOUTH 57"50'51" EAST A DISTANCE OF 69.77 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 29; 13. THENCE SOUTH 00'31'17" EAST, ALONG SAID WEST LINE, A DISTANCE OF 14.78 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 29; 14. THENCE NORTH 89'50'34" EAST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 29, A DISTANCE OF 23.94 FEET TO A POINT ON A SPIRAL CURVE; 15. THENCE ALONG THE ARCS OF A NON-TANGENT 100 FOOT OUTSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE lEFT HAVING A COMBINED ARC lENGTH OF 148.38 FEET, THE CHORD OF WHICH BEARS SOUTH 59'22'36" EAST A DISTANCE OF 146.37 FEET; 6. THENCE SOUTH 44'39'10" WEST, A DISTANCE OF 63.95 FEET; 7. THENCE SOUTH 51'11'35" WEST, A DISTANCE OF 55.49 FEET; 8. THENCE SOUTH 43'50'24" WEST, A DISTANCE OF 604.08 FEET; 9. THENCE SOUTH 30'10'40" WEST, A DISTANCE OF 671.02 FEET; 10. THENCE NORTH 89'48'38" WEST, A DISTANCE OF 92.16 FEET; 11. THENCE SOUTH 19'14'13" WEST, A DISTANCE OF 80.30 FEET; 12. THENCE SOUTH 06'02'32" WEST, A DISTANCE OF 394.74 FEET; 13. THENCE SOUTH 03'36'42" WEST, A DISTANCE OF 437.81 FEET; 14. THENCE SOUTH 17'18'39" EAST, A DISTANCE OF 157.29 FEET; 15. THENCE SOUTH 20'07'03" WEST, A DISTANCE OF 274.30 FEET TO THE SOUTHWEST CORNER OF SAID lELAND CREEK SUBDIVISION, SAID POINT ALSO BEING ON THE CENTERLINE OF lELAND CREEK; THENCE ALONG THE CENTERLINE OF lELAND CREEK THE FOllOWING ELEVEN (11) COURSES: 1. THENCE SOUTH 20'07'03" WEST, A DISTANCE OF 226.86 FEET; j, o r: g: o 5J 4. THENCE SOUTH 57"10'01" EAST, A DISTANCE OF 38.65 FEET; 5. THENCE SOUTH 57"35'34" EAST, A DISTANCE OF 255.30 FEET; 6. THENCE SOUTH 57"07'20" EAST, A DISTANCE OF 1432.95 FEET; 7. THENCE SOUTH 56'31'19" EAST, A DISTANCE OF 348.65 FEET TO A POINT OF CURVATURE; 8. THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 15'43'30", A RADIUS OF 1366.40 FEET, AND AN ARC lENGTH OF 375.01 FEET; 9. THENCE SOUTH 40'47'49" EAST, A DISTANCE OF 1958.86 FEET TO A POINT OF CURVATURE; 10. THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 22'49'33", A RADIUS OF 2798.79 FEET, AND AN ARC lENGTH OF 1114.99 FEET; 11. THENCE SOUTH 18'01'25" EAST, A DISTANCE OF 486.54 FEET TO A POINT ON THE NORTH LINE OF TRACT "A", REGIS-MARYVAlE, INC. SUBDIVISION EXEMPTION, RECORDED AT RECEPTION NO. 280227 OF THE RECORDS OF THE GRAND COUNTY CLERK AND RECORDER; 18. THENCE ALONG THE ARCS OF A 100 FOOT INSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE RIGHT HAVING A COMBINED ARC lENGTH OF 175.92 FEET, THE CHORD OF WHICH BEARS NORTH 16'47'09" EAST A DISTANCE OF 175.79 FEET; 19. THENCE NORTH 19'20'30" EAST, A DISTANCE OF 139.30 FEET TO A POINT OF SPIRAL CURVATURE; 20. THENCE ALONG THE ARCS OF A 100 FOOT OUTSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE lEFT HAVING A COMBINED ARC lENGTH OF 202.10 FEET, THE CHORD OF WHICH BEARS NORTH 16'37'52" EAST A DISTANCE OF 201.94 FEET TO A POINT OF CURVATURE; 21. THENCE ALONG THE ARC OF A CURVE TO THE lEFT HAVING A CENTRAL ANGLE OF 78'42'00", A RADIUS OF 816.78 FEET, AN ARC lENGTH OF 1121.91 FEET, AND A CHORD THAT BEARS NORTH 27'30'30" WEST TO A POINT OF SPIRAL CURVATURE; 22. THENCE ALONG THE ARCS OF A 100 FOOT OUTSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE lEFT HAVING A COMBINED ARC LENGTH OF 112.35 FEET, THE CHORD OF WHICH BEARS NORTH 70'00'51" WEST A DISTANCE OF 112.30 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20; THENCE NORTH 00'06'44" WEST, ALONG SAID WEST LINE, A DISTANCE OF 135.49 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS A TOTAL AREA OF 12,972,836 SQUARE FEET OR 297.82 ACRES, MORE OR lESS. 6. THENCE ALONG THE ARCS OF A 100 FOOT INSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE RIGHT HAVING A COMBINED ARC lENGTH OF 97.85 FEET, THE CHORD OF WHICH BEARS SOUTH 35'43'11" EAST A DISTANCE OF 97.81 FEETTO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 29; 7. THENCE SOUTH 00'28'15" EAST, ALONG SAID WEST LINE, A DISTANCE OF 241.71 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 29; 8. THENCE SOUTH 89'54'21" EAST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 29, A DISTANCE OF 147.71 FEET; 1. THENCE SOUTH 66'36'51" EAST, A DISTANCE OF 423.42 FEET; 2. THENCE SOUTH 25'22'56" WEST, A DISTANCE OF 432.01 FEET; 3. THENCE SOUTH 70'17'58" WEST, A DISTANCE OF 525.61 FEET; 4. THENCE SOUTH 87'10'33" WEST, A DISTANCE OF 30.53 FEET; 5. THENCE SOUTH 87"10'32" WEST, A DISTANCE OF 95.38 FEET; 6. THENCE SOUTH 87'14'57" WEST, A DISTANCE OF 205.49 FEET TO A POINT ON A CURVE; 7. THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 09'34'18", A RADIUS OF 170.00 FEET, AN ARC lENGTH OF 28.40 FEET, AND A CHORD THAT BEARS NORTH 78'46'18" WEST TO A POINT OF COMPOUND CURVATURE; SAID EXCEPTION PARCEL CONTAINS AN AREA OF 217,802 SQUARE FEET OR 5.00 ACRES, MORE OR lESS. SAID WEST MOUNTAIN - NORTH PARCEL CONTAINS A NET AREA OF 12,755,034 SQUARE FEET OR 292.82 ACRES, MORE OR lESS, AFTER EXCEPTION. 16. THENCE SOUTH 59'48'10" EAST, A DISTANCE OF 217.82 FEET TO A POINT OF spiral CURVATURE; 17. THENCE ALONG THE ARCS OF A 100 FOOT INSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE RIGHT HAVING A COMBINED ARC lENGTH OF 175.91 FEET, THE CHORD OF WHICH BEARS SOUTH 57"12'49" EAST A DISTANCE OF 175.79 FEET TO A POINT OF CURVATURE; 18. THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRALANGlE OF 36'53'00", A RADIUS OF 616.78 FEET, AN ARC lENGTH OF 397.04 FEET AND A CHORD THAT BEARS SOUTH 33'49'40" EAST TO A POINT OF spiral CURVATURE; 19. THENCE ALONG THE ARCS OF A 100 FOOT INSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE RIGHT HAVING A COMBINED ARC lENGTH OF 175.92 FEET, THE CHORD OF WHICH BEARS SOUTH 10'26'31" EAST A DISTANCE OF 175.79 FEET; 20. THENCE SOUTH 07"53'10" EAST, A DISTANCE OF 102.74 FEET TO A POINT OF spiral CURVATURE; 21. THENCE ALONG THE ARCS OF A 100 FOOT OUTSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE lEFT HAVING A COMBINED ARC lENGTH OF 202.10 FEET, THE CHORD OF WHICH BEARS SOUTH 10'35'48" EAST A DISTANCE OF 201.94 FEET TO A POINT OF CURVATURE; 4. THENCE SOUTH 47'49'46" WEST, A DISTANCE OF 390.04 FEET; 5. THENCE SOUTH 69'00'04" WEST, A DISTANCE OF 953.80 FEET; 6. THENCE SOUTH 27"44'49" WEST, A DISTANCE OF 424.85 FEET; 7. THENCE SOUTH 00'32'15" EAST, A DISTANCE OF 503.48 FEET; 8. THENCE SOUTH 04'06'12" WEST, A DISTANCE OF 260.82 FEET; 9. THENCE SOUTH 27"57'15" WEST, A DISTANCE OF 390.36 FEET; 10. THENCE SOUTH 49'32'25" WEST, A DISTANCE OF 1167.38 FEET; 11. THENCE SOUTH 39'16'24" WEST, A DISTANCE OF 361.62 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 31; THENCE SOUTH 01 '27'35" EAST, ALONG SAID EAST LINE, A DISTANCE OF 38.01 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 31; THENCE SOUTH 89'09'28" WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 31, A DISTANCE OF 2658.97 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS AN AREA OF 44,347,263 SQUARE FEET OR 1018.07 ACRES, MORE OR lES 0' 3. THENCE SOUTH 89'01'35" WEST, A DISTANCE OF 129.25 FEET; COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20 AND CONSIDERING THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20 TO BEAR SOUTH 00'16'02" EAST; THENCE SOUTH 00'16'02" EAST, ALONG SAID WEST LINE, A DISTANCE OF 582.71 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89'43'58" EAST, A DISTANCE OF 333.77 FEET; THENCE SOUTH 00'16'02" EAST, PARAllEL WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20, A DISTANCE OF 652.55 FEET; THENCE SOUTH 89'43'58" WEST, A DISTANCE OF 333.77 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20; THENCE NORTH 00'16'02" WEST, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20, A DISTANCE OF 652.55 FEET TO THE POINT OF BEGINNING; GRAND PARK - SOUTH PARCEL: 22. THENCE ALONG THE ARC OF A CURVE TO THE lEFT HAVING A CENTRAL ANGLE OF 19'32'02", A RADIUS OF 816.78 FEET, AN ARC lENGTH OF 278.46 FEET AND A CHORD THAT BEARS SOUTH 25'09'11" EAST TO A POINT ON THE CENTERLINE OF lELAND CREEK; THENCE SOUTH 04'29'43" WEST, ALONG SAID CENTERLINE, A DISTANCE OF 9.92 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF OLD KING ROAD, RECORDED IN FilE NO. 0080 OF THE RECORDS OF THE GRAND COUNTY CLERK AND RECORDER; THENCE ALONG THE NORTHERLY, WESTERLY AND SOUTHERLY RIGHT-OF-WAY LINES OF SAID OLD KING ROAD THE FOllOWING ELEVEN (11) COURSES: By: C. Clark Lipsco Vice President o g: o l 8. THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 26'15'28", A RADIUS OF 328.18 FEET, AN ARC lENGTH OF 150.40 FEET, AND A CHORD THAT BEARS NORTH 60'51'25" WEST TO A POINT OF REVERSE CURVATURE; 9. THENCE ALONG THE ARC OF A CURVE TO THE lEFT HAVING A CENTRAL ANGLE OF 71 '49'08", A RADIUS OF 226.49 FEET, AN ARC lENGTH OF 283.90 FEET, AND A CHORD THAT BEARS NORTH 83'38'15" WEST TO A POINT OF COMPOUND CURVATURE; State of Colorado ) ss. County of GrIA ,,~) 10. THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 16'18'47", A RADIUS OF 830.30 FEET, AN ARC lENGTH OF 236.40 FEET, AND A CHORD THAT BEARS SOUTH 52'17'48" WEST TO A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 28; THENCE NORTH 00'11'18" WEST, ALONG SAID WEST LINE, A DISTANCE OF 44.03 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 28, SAID POINT ALSO BEING ON THE EASTERLY BOUNDARY OF KING'S CROSSING SOLAR TOWNHOMES, RECORDED AT RECEPTION NO. 177402 OF THE RECORDS OF THE GRAND COUNTY CLERK AND RECORDER; THENCE ALONG THE EASTERLY, NORTHERLY AND WESTERLY BOUNDARY OF SAID KING'S CROSSING SOLAR TOWNHOMES THE FOllOWING FOUR (4) COURSES: 1. THENCE NORTH 00'17'11" WEST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 28, A DISTANCE OF 314.75 FEET; 2. THENCE SOUTH 89'40'36" WEST, A DISTANCE OF 180.15 FEET; 3. THENCE SOUTH 02'36'57" EAST, A DISTANCE OF 145.06 FEET; 4. THENCE SOUTH 51'23'03" WEST, A DISTANCE OF 101.44 FEET TO A POINT ON A CURVE ON THE NORTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAilROAD; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE THE FOllOWING TWENTY-TWO (22) COURSES: 1. THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 20'23'06". A RADIUS OF 616.78 FEET, AN ARC lENGTH OF 219.44 FEET, AND A CHORD THAT BEARS NORTH 25'34'43" WEST TO A POINT OF SPIRAL CURVATURE; PARTS OF SECTIONS 29, 30, 31, AND 32, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOllOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 31 AND CONSIDERING THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 31 TO BEAR NORTH 00'55'33" WEST WITH All BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 00'55'33" WEST, ALONG SAID WEST LINE, A DISTANCE OF 2648.34 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 31; THENCE NORTH 00'56'49" WEST, ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 31, A DISTANCE OF 1319.87 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 31; 1. THENCE NORTH 61'02'11" WEST, A DISTANCE OF 127.21 FEET; The foregoing instrument was acknowledged before me this ;) I day of (j~+. ,2005, by C. Clark Lipscomb as Vice President on behalf of Cornerstone Winter Park Holdings LLC, a Colorado limited Iiablilty company. WITNESS my hand and official seal 2. THENCE NORTH 87'01'11" WEST, A DISTANCE OF 88.64 FEET; 3. THENCE SOUTH 44'28'49" WEST, A DISTANCE OF 232.36 FEET; 4. THENCE SOUTH 59'28'49" WEST, A DISTANCE OF 167.84 FEET; 5. THENCE SOUTH 67'54'49" WEST, A DISTANCE OF 211.19 FEET; Notary blic My commission expires:q hi J,~ r""':""'::<"~"'-::'-:I q r\i~ARY !(p-.Y vVRAY ~ NOTARY PUBLIC g LSTATE OF ~_?.;9R~.2J M, Commission Expires 04/11/2006 2. THENCE ALONG THE ARCS OF A 100 FOOT INSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE RIGHT HAVING A COMBINED ARC lENGTH OF 175.92 FEET, THE CHORD OF WHICH BEARS NORTH 10'26'31" WEST A DISTANCE OF 175.79 FEET; 3. THENCE NORTH 07'53'10" WEST, A DISTANCE OF 102.74 FEET TO A POINT OF SPIRAL CURVATURE; 4. THENCE ALONG THE ARCS OF A 100 FOOT OUTSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE lEFT HAVING A COMBINED ARC lENGTH OF 202.10 FEET, THE CHORD OF WHICH BEARS NORTH 10'35'48" WEST A DISTANCE OF 201.94 FEET TO A POINT OF CURVATURE; 5. THENCE ALONG THE ARC OF A CURVE TO THE lEFT HAVING A CENTRAL ANGLE OF 36'53'00", A RADIUS OF 816.78 FEET, AN ARC lENGTH OF 525.79 FEET, AND A CHORD THAT BEARS NORTH 33'49'40" WEST TO A POINT OF SPIRAL CURVATURE; THENCE NORTH 00'30'43" WEST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 31,A DISTANCE OF 448.49 FEET; THENCE NORTH 43'49'27" EAST, A DISTANCE OF 1216.33 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 31; THENCE NORTH 89'37'47" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 450.42 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 31; THENCE NORTH 00'42'52" WEST, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 30, A DISTANCE OF 1317.99 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 30; THENCE NORTH 00'42'56" WEST, ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 30, A DISTANCE OF 544.21 FEET; THENCE NORTH 89'41'52" EAST, ALONG A LINE BEING 544.20 FEET NORTHERLY DISTANT, WHEN MEASURED AT RIGHT ANGLES, AND PARAllEL WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 30, A DISTANCE OF 1307.30 FEET TO A POINT ON THE EAST LINE OFTHE NORTHEAST QUARTER OFTHE SOUTHEAST QUARTER OF SAID SECTION 30; THENCE NORTH 00'29'16" WEST, ALONG SAID EAST LINE, A DISTANCE OF 771.09 FEET TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 30; THENCE NORTH 00'34'39" WEST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 30, A DISTANCE OF 2634.72 FEET TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 30; THENCE NORTH 89'44'12" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29, A DISTANCE OF 21.27 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THAT PARCEL DESCRIBED UNDER RECEPTION NO. 98003968 OF THE RECORDS OF THE GRAND COUNTY CLERK AND RECORDER; THENCE ALONG THE WESTERLY AND SOUTHERLY BOUNDARY OF SAID PARCEL THE FOllOWING TWO (2) COURSES: 6. THENCE SOUTH 22'05'11" EAST, A DISTANCE OF 60.00 FEET; 7. THENCE NORTH 67'54'49" EAST, A DISTANCE OF 215.61 FEET; 8. THENCE NORTH 59'28'49" EAST, A DISTANCE OF 180.16 FEET; 9. THENCE NORTH 44'28'49" EAST, A DISTANCE OF 213.24 FEET; c Frank Johns, also own as Frank J. Johns II, individually and as attorney-in-fact for Jeffrey R. Johns, William A Johns, David M. Johns, Christopher Joseph Johns, Philip Alan Johns and Catherine Elaine Hazlitt10. THENCE SOUTH 87'01'11" EAST, A DISTANCE OF 47.76 FEET; i, o g: I 11. THENCE SOUTH 61'02'11" EAST, A DISTANCE OF 115.44 FEET TO A POINT ON A CURVE ON THE SOUTHERLY RIGHT-OF-WAY LINE OF FOREST TRAil ROAD, AS DEDICATED IN BOOK 222 AT PAGE 248 OF THE RECORDS OF THE GRAND COUNTY CLERK AND RECORDER; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOllOWING TWO (2) COURSES: 1. THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE lEFT HAVING A CENTRAL ANGLE OF 20'27'01", A RADIUS OF 876.78 FEET, AN ARC lENGTH OF 312.95 FEET, AND A CHORD THAT BEARS SOUTH 47'29'39" EAST TO A POINT OF COMPOUND CURVATURE; 2. THENCE ALONG THE ARC OF A CURVE TO THE lEFT HAVING A CENTRAL ANGLE OF 00'04'49", A RADIUS OF 962.17 FEET AND AN ARC lENGTH OF 1.35 FEET TO A POINT ON A CURVE ON THE WESTERLY BOUNDARY OF A PARCEL OF LAND DESCRIBED IN BOOK 308 AT PAGE 657 OF THE RECORDS OF THE GRAND COUNTY CLERK AND RECORDER; THENCE ALONG SAID WESTERLY BOUNDARY AND ALONG THE ARC OF A NON-TANGENT CURVE TO THE lEFT HAVING A CENTRAL ANGLE OF 01'24'17", A RADIUS OF 140.70 FEET, AN ARC lENGTH OF 3.45 FEET, AND A CHORD THAT BEARS SOUTH 11'08'28" WEST TO A POINT ON A CURVE ON THE NORTHERLY BOUNDARY OF lELAND CREEK SUBDIVISION, RECORDED AT RECEPTION NO. 2004-0123316 OF THE RECORDS OF THE GRAND COUNTY CLERK AND RECORDER; THENCE ALONG THE NORTHERLY AND WESTERLY BOUNDARY OF SAID lELAND CREEK SUBDIVISION THE FOllOWING FIFTEEN (15) COURSES: State of Colorado ss.a~os -0 ,~,oqCountyofbC'&~ The foregoing instrument was acknowledged before me this l' day of October, 2005, by Frank Johns, also kni1wn.~ ..0 Frank J. Johns II, individually and as attorney-in-fact ft!r'JelfTey R. Johns, William A Johns, David M. Johns, Christopher Joseph Johns, Philip Alan Johns and Catherine Elaine Hazlitt. WITNESS my hand and official seal 6. THENCE ALONG THE ARCS OF A 100 FOOT OUTSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE lEFT HAVING A COMBINED ARC lENGTH OF 202.10 FEET, THE CHORD OF WHICH BEARS NORTH 57'03'32" WEST A DISTANCE OF 201.94 FEET; 7. THENCE NORTH 59'46'10" WEST, A DISTANCE OF 217.82 FEET TO A POINT OF SPIRAL CURVATURE; 8. THENCE ALONG THE ARCS OF A 100 FOOT INSIDE OFFSET TO A SEARLES SPIRAL CURVE TO THE RIGHT HAVING A COMBINED ARC lENGTH OF 235.64 FEET, THE CHORD OF WHICH BEARS NORTH 58'51'32" WEST A DISTANCE OF 235.62 FEET TO A POINT OF CURVATURE; 1. THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 18'15'50", A RADIUS OF 880.00 FEET, AN ARC lENGTH OF 280.51 FEET, AND A CHORD THAT BEARS NORTH 48'45'23" WEST TO A POINT OF REVERSE CURVATURE; 2. THENCE ALONG THE ARC OF A CURVE TO THE lEFT HAVING A CENTRAL ANGLE OF 10'53'46", A RADIUS OF 190.00 FEET AND AN ARC lENGTH OF 36.13 FEET; 3. THENCE SOUTH 34'27'50" WEST, A DISTANCE OF 73.50 FEET; 4. THENCE SOUTH 53'30'56" WEST, A DISTANCE OF 82.14 FEET; 5. THENCE SOUTH 32'40'38" WEST, A DISTANCE OF 61.16 FEET; r~~'-f~lAR~~-'J~P..\/WRAy-~'"i1jNOTARYPUBLICh STATE OF COLOR~OJ r,l, Commission Expires 04/11/2006 Fees s-!11 ,--- AN AMENDMENT OF THE RENDEzVOUS 2003 PLANNED DEVELOPMENT DISTRICT PLAN DATE: JUNE 16, 2005 LEGAL DESCRIPTION SHEET 2 OF 11 LAND USE AND DEVELOPMENT NOTES 1. 0- ci 2. Land Use and Development Guidelines Land use and development standards have been identified as a planning guide based on the Grand Park POD and the type, location, and extent of its land use as indicated in the plan. Planning Area 1Wb Planning Area lWb is approximately 5.9 acres located south ofthe Old Victory Road, abutting the Town of Winter Park and Kings Crossing Rd. The planning and architecture will draw from alpine ranch and townscape themes compatible with lWa. Open Space Designated open space consists of areas like the portions of the Cozens and Elk Creek meadows; Leland Creek and other appropriate open space. Additional open space is required within each planning area (see Development Standards). Minimize development disturbance and maintain hydrologic performance of the east and west fork of Elk Creek. Planning Area 2W Planning Area 2W comprises 33.8 acres on an upland on the west side of Cozens Meadow. The area is adjacent the railroad - served by the Old Victory Road and Grand Park trail system. This area has views of the Meadow and the Divide. A series of ponds and wetland related landscape may be utilized to transition to the pasture condition of the Meadow. The architecture will draw from traditional forms and materials of lodges and residential neighborhoods.3. Trails A designated public trail system, serving community and regional linkages will be provided. Trail construction will follow a least disturbance principle and be improved to serve the particular user(s). Private trails may be provided in some areas. Easements for the designated public trail system will be dedicated to the Town of Fraser for public use and maintenance. Planning Area 3Wa 3Wa includes approximately 8.2 acres in a wooded peninsula bounded by the railroad, Elk Creek, a 5-acre in-holding parcel zoned Accommodations and the Old Victory Road on the east. Site considerations for cluster housing on this knoll should include the Elk Creek drainage and buffering the railroad. 4. Wildlife Conservation Man-made impacts on wildlife will be minimized: appropriate fence design and control of domestic animals are required. Planning Area 3Wb Approximately 11.8 acres, 3Wb is located on the edge of the meadow adjacent the Old Victory Road. Site considerations for housing will include its relationship to the Cozens Meadow, views and the Old Victory Road. 5. Public Facilities Maintenance Parcels Planning Area 6w (4 acres) will be deeded to the Town of Fraser for the public purpose of a maintenance facility. One satellite storage facility of approximately one-third (.3) acre will also be deeded to the Town of Fraser for roadway maintenance needs in Grand Park. Planning Area 3Wc Planning Area 3Wc, approximately 12 acres, is located between US 40, the Old Victory Road and the Cozens Meadow. This mixed-use area will draw on some of the same themes of Planning Area 1 Wa with pedestrian linkages and accessible parking. Recreation Site Five (5) acres will be deeded to the Town of Fraser for public purpose community recreation and/or open space. Planning Area 4W 4W is approximately 11.2 acres situated along the Old Victory Road, south of the Fraser Valley Center, adjacent the 5-acre in holding parcel and adjoining the Elk Creek meadow. Planned for commercial site planning considerations include its relationship to the Old Victory Road. l: u 6. Attainable Housing A broad range of housing for Fraser Valley employee's equivalent to 144 dwelling units will be provided over the development period of the project, pursuant to the approved Cornerstone Attainable Housing Plan.Planning Area 5W This planning area consists of 17.1 acres between the Union Pacific Railroad and Elk Creek Meadow. Site planning considerations for this residential neighborhood will include its relationship to the Elk Creek Meadow, buffering the railroad and the commercial planned in 4W 7. Density Transfer Increasing and decreasing land use densities within and between Grand Park and East Mountain Planning Areas is allowed in the Rendezvous PDD. Density may be transferred to a reserve with a transfer application. Density may be transferred to a Planning Area up . to 30% of the density of the receiving Planning Area, without the requirement of a plan amendment, if sufficient roadway, water and sewer capacity are available. Transfer exceeding 30% of the density of the receiving area and/or a change of use may occur with a major plan amendment for the affected planning areas. Planning Area 6W 6W is approximately 4.0 acres located betWeen County Road 72, the Fraser Cemetery, and the Union Pacific Railroad; adjacent a secondary entrance to Grand Park. This parcel is to be deeded to the Town of Fraser for the public purpose of a maintenance facility. Site planning considerations include buffering the Fraser Cemetery, the project entrance and Co. Rd. 72. 8. Golf Course The golf course shall meet the criteria of the Audubon Signature Bronze Program. Planning Area 7W 7W has approximately 37.4 acres along the westem boundary, adjoining Grand Park Drive and the 6th Fairway. Site planning considerations will include its relationship to Grand Park Drive, the planned 6th Fairway, the trail system, and sloping terrain. 9. Water Supply and System Water systems meeting Town of Fraser, State of Colorado and other applicable requirements will be provided for domestic water supply. The water systems are the responsibility of the developer or district and will be conveyed to the appropriate entity as applicable. Planning Area 8Wa This area has 58.2 acres along Grand Park Drive above the planned 9th and 10th Fairways. Site planning considerations include its relationship to Grand Park Drive, the planned 9th and 10th Fairways, its orientation and sloping terrain. 10. Wastewater Collection Wastewater systems meeting appropriate sanitation district, State of Colorado and other applicable requirements will be provided for wastewater collection. The wastewater systems are the responsibility of the developer or District and will be conveyed to the Fraser Sanitation District or other appropriate entity as applicable. Planning Area 8Wb This area has 9.0 acres along the railroad adjacent the planned 10th and 11th Fairways. Site considerations include the railroad and the planned 10th and 11th Fairways. 11. Grading and Drainage Grading and drainage improvements are required to meet Town of Fraser and State of Colorado standards for erosion control and run-off.Planning Area 9W 9W includes 23.8 acres on a hill surrounded by open space including the planned 10th and 11th Fairways; the railroad and Planning Area lOW The clubhouse is planned for this enclave, overlooking the practice range, 10th, 1 st, 9th and 18th fairways. The architecture will draw from the rustic forms and materials of the great lodges. 12. Geologic Features Geological features will be investigated in sufficient detail by a qualified professional to meet Town of Fraser standards for design and construction of improvements. Planning Area 10W lOW includes 40.8 acres on a hill surrounded by open space including the planned 10th, 11 th, 12th and 13th Fairways, railroad and Planning Area 9W This area is near Leland Creek and Grand Park Drive adjacent Planning Area 9W The architecture will draw from the rustic forms and materials of the great lodges. 1= 1~ u 13. Design Control Design Control at Grand Park is guided by a set of govemance tools, which include Covenants, Conditions and Restrictions (CC&R's) and Design Guidelines.j~ 14. Development Standards The development standards provide guidance for use, height, open space, and setbacks for projects within each planning area. Setbacks allowed in mixed use planning areas are subject to FPDP and Plat approval of the Town of Fraser - all applicable building code regulations apply in all cases. Planning Area 11W This area has 16.1 acres near the planned clubhouse overlooking the golf complex. It is a good location for lodging, residential resort recreation uses. Planning Area 12W This area has 26.5 acres along Grand Park Drive overlooking the planned golf complex. Site design will include consideration of pathways and four season use pattems. 15. Sign Guidelines A Signage Design Guideline may be submitted for Grand Park to the Town of Fraser for review based on its unique signage needs. 16. Planning Area Character Descriptions Descriptions for Grand Park planning areas are a reflection of the vision for the project based on the land use. The character descriptions are a guide and may change based on market conditions and other factors that may affect the land use mix, intensity, and design of the planning areas over the projected twenty-five year development period. Planning Area 13Wa This area has 21.7 acres along Grand Park Drive, above the planned 6th Fairway. Site planning considerations will include the 6th Fairway, its orientation and sloping terrain. Planning Area 13Wb This area has 37.7 acres along the western edge of the project surrounded by the 3rd, 4th, 5th, 6th 7th and 8th Fairways. Site planning considerations include the planned golf, its orientation and sloping terrain. 0; Planning Area 1Wa This area of 30.3 acres wraps the south end of Cozens Meadow, between US Highway 40 and the Old Victory Road. It is served from US 40, the Old Victory Road, and Grand Park Drive. It has trail access from the existing Meadow and planned Grand Park trails. The development is planned as a "main streef' concept with buildings addressing street frontages, pedestrian linkages and accessible parking. The Cozens Meadow will remain as open space and a recreation amenity. Architecture will draw from alpine ranch and 1800c. townscapes with a pattem of retail on the ground floor of buildings and office/residential above in 2 - 6 floor volumes. Traditional window patterns, arcades and boardwalks; simple roof forms that include dormers and gable ends; and a variety of building forms, as was the tradition in towns and ranches will be encouraged. Planning Area 16W This area has 92.0 acres inside of the Road B loop. Site planning considerations will include lot siting, Road B, orientation and sloping terrain. Planning Area 14W This area has 72.1 acres along Road Band C above the planned golf course. Site planning considerations will include the planned 2nd, 4th Fairways, and terrain. Planning Area 15W This area has 26.4 acres off of Road B adjoining open space and the planned 3rd and 4th Fairways. Site planning considerations will include lotting pattems, orientation to the planned golf course, Road B and sloping terrain. u I Planning Area 17W This area has 121.8 acres along Road B. Site planning considerations will include lot siting, Road B, its orientation and sloping terrain. Planning Area 18W This area has 24.2 acres along Road B above Leland Creek. Site considerations will include Road B, its orientation and sloping terrain. Planning Area 19W This area has 47.4 acres along Road B above the planned 17th Fairway. Site planning considerations include Road B, the 17th Fairway, its orientation and sloping terrain. Planning Area 20W This area has 40 acres south of Grand Park Drive adjoining the planned 14th, 15th, 16th and 17th Fairways. Planning considerations include the provision of open space in the adjoining forest for wildlife. Planning Area 21W This area has 13.4 acres along Grand Park Drive and planned 14th and 17th Fairways. Site planning considerations include Grand Park Drive, its orientation and golf. Planning Area 23W Planning Area 23W includes approximately 468.1 acres of open space and development including the planned golf course, Cozens Meadow, Elk Creek Meadow, and Leland Creek. DEVELOPMENT STANDARDS Planning Area Land Use Open Space Height Front Yard Side Yard Rear Yard 1Wa mixed-use 10% 55'-75' 0' 0' 0' 1Wb Attached 15% 45' 10' 6' 10' 2W mixed-use 10% 75' 0' 0' 0' 3Wa Attached 10% 45' 10' 6' 10' 3Wb attidetach 10% 45'/35' 10' 6' 10' 3Wc mixed-use 10% 45' 0' 0' 10' 4W mixed-use 10% 45' 10' 6' 10' 5W attidetach 10%/15% 45'/35' 10' 6' 10' 6W Facilities 15% 45' 20' 6' 10' 7W attidetach 15% 45'/35' 10'/15' 6'/6' 10'/10' 8Wa attidetach 15% 45'/35' 10'/15' 6'/6' 10'/10' 8Wb Attached 15% 45' 10' 6' 10' 9W mixed-use 15% 50' 20' 0' 10' 10W mixed-use 15% 50' 20' 0' 10' 11W attidetach 10%/15% 45'/35' 10" 6' 10' 12W attached 15% 45' 10' 6' 10' 13Wa detached 15% 35' 15' 10' 10' 13Wb detached 15% 35' 15' 10' 10' 14W detached 15% 35' 15' 10' 10' 15W detached 15% 35' 15' 15' 10' 16W detached 15% 35' 15' 15' 10' 17W detached 15% 35' 15' 15' 10' 18W detached 15% 35' 15' 10' 10' 19W attidetach 15% 45'/35' 10'/15' 6' 10' 20W attidetach 15% 45'/35' 10' 6' 10' 21W attidetach 15% 45'/35' 10' 6' 10' 23W facilities n/a 50' 15' 15' 10' Notes 1. Setbacks allowed in mixed use planning areas are subject to FPDP and plat approval of the Town of Fraser; all applicable building code regulations apply. 2. 1 Wa -10' improvement and 0' building setback from US 40; pocket park 3. 2W - 15' improvement and 20' building setback from Old Victory Road 4. 3Wc - 20' improvement and 20' building setback from US 40 5. 4W - 20' improvement and 20' building setback from Old Victory Road GRAND PARK PLANNED DEVELOPMENT DISTRICT PLAN A PART OF SECTIONS 20, 28, 29, 30, 31, 32 TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PM COUNTY OF GRAND, STATE OF COLORADO EXFRASER~ MAlNTENANCS FACILITY 6W 45' HT] MAAYS POND 13Wb 35' HT] KINGS CROSSING 15W 35' HT] 17W 35' HT] f~' f DEVELOPMENT STANDARDS LOCATION MAP '.", . d\ ",,. OOS-<O'I~'09 i{-.~ NORTH STATE OF COLORADO }SS County of GRAND Filed or record thi !? day of at '-I'IJij o'clock Recorded in Book Fees $ II' ~ Deputy AN AMENDMENT TO THE RENDEzVOUS 2003 PLANNED DEVELOPMENT DISTRICT PLAN LAND USE & DEVELOPMENT NOTES DATE: JUNE 16, 2005 SHEET 3 OF 11 19 N Cl i5 1::1 w.j I FOREST MEAD~, SOLAR COMMUNITY 1 rt ELECIRIC E'ASElENT lie. Z42 PO. W4) SEE NaTE 12 g. GRAND PARK I I I I I I I I I I PLANNED DEVELOPMENT DISTRICT PLANo 2, ii,A PART OF SECTIONS 20, 28, 29, 30, 31, 32 TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PM COUNTY OF GRAND, STATE OF COLORADO FRASER JOHNS RENDEZVOUS WU TAl CHUAN & SHENG LING 30 1: o 0 w BYERS PEAK LTD PARTNERSHIP I I I I I I I I I I SITZMARK SUBDIVISION TIMBERS SUBDIVISION REC. NO. 140404) o LEGEND o CONIFEROUS TREE VEGETATION PRIMARY DRAINAGES w SCENIC VIEWS HIDEAWAY PINES 30% OR GREATER SLOPES OOS"eJ'~'jlPq I VILLAGE I " 18D485 STATE OF COLORADO } SS I 0 300 600 1200 County of GRAND I Filed for record this I day of I THREE at o'clock I Recorded in Book I ~ ;;;^ L.IilOSENE 1JJ I NORTH SCALE: 1"=600'-0"TWO I l' )rJ ~~f.I FeeS$~ DeputyI I ./ I I I AN AMENDMENT OF THE RENDEzVOUS 2003 PLANNED DEVELOPMENT DISTRICT PLAN SITE ANAL YSIS DATE: JUNE 16,2005 SHEET 4 OF 11 6W 14.0 ac i- l 7 l l 7 II II II II II t 7W II 37.4 ac II II II II II II II II II II II II II II II II II II II II II II I II II II II II II II II II II II II l l l l 13Wb 37.7 ac I GRAND PARK EX FRASER MAINTENANCE FACILITY CEMETARY PLANNED DEVELOPMENT DISTRICT PLAN LOCATED IN SECTIONS 20,28,29, 30,31,32 TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PM COUNTY OF GRAND, STATE OF COLORADO TUBING HILL\ ApprOl.ed POOP Proposed POOP Proposed ApprOl.ed P reposed Planning Planning Area Planning Area ApprOl.ed POOP Proposed POOP ApprOl.ed POOP POOP Lodging POOP POOP Area Acreage Acreage Residential Units Residential Units Lodging Units Units Commercial Commercial Sq. Ft. Sq. Ft. detached attached detached attached 1Wa 33.6 30.3 230 230 300 300 150,000 140.000 1Wb 4.3 5.9 40 40 2W 25.1 33.8 250 150 100 278 278 100,000 30,000 3Wa 11.2 8.2 110 95 3Wb 5.4 11.8 80 50 30 3Wc 11.7 12.0 60 60 30,000 70,000 4W 8.5 11.2 100 100 65,800 105,800 5W 16.9 17.1 100 70 30 6W 4.0 4.0 7W , 88.8 37.4 45 225 50 .90 8W 50.1 n/a 63 75 public site public site 8Wa n/a 58.2 83 110 8Wb n/a 9.0 40 9W 45.5 23.8 153 33 73 10W 42.6 40.8 118 40 134 11W 9.7 16.1 10 24 10 31 200 200 20,000 20,000 12W 15.6 26.5 92 92 350 350 30,000 30,000 13W 31.1 n/a 50 150 50 13Wa nla 21.7 40 100 13Wb n/a 37.7 40 14W 49.6 72.1 117 117 15W' 26.1 26.4 12 12 16W' 102.5 92.0 90 90 17W' 120.0 121.8 72 120 18W n/a 24.2 61 18Wa 23.2 n/a 14 18Wb 42.1 n/a 47 19W 35.9 47.4 86 93 40 70 20W 12.5 40.0 57 26 56 21W 23.6 13.4 50 20 30 21Wa n/a n/a 21Wb n/a n/a , 22W 80.1 nla 80 subtotal 919.7 842.8 686.0 1857.0 1052 1411 23W 466.8 468.1 TOTAL 1386.5 1310.9 2543.0 2463.0 1278 1278 395,800 395,800 E n APPROVED PDDP PROPOSED PDDP oos-o 1~10~ 17W 121.8ac I STATE OF COLORADO }SS County of GRANO Filed or record this day of at J./I o'cloc _M. Recorded in Book Page_ o 300 600 1200 Fees$ II!~ NORTH SCALE: 1"=600'-0" AN AMENDMENT OF THE RENDEzVOUS 2003 PLANNED DEVELOPMENT DISTRICT PLAN DATE: JUNE 16, 2005 PLANNING AREA COMPARISON SHEET 5 OF 11 SITE DATA CHART Planning A\9. Approx. % Total Residential Lodging Commercial Area Density Acres Area Units Sq. Ft. LEGEND j detached attached 1Wa 7.6 30.3 2.3% 230 300 140,000 I I RESIDENTIAL 1Wb 6.8 5.9 0.5% 40 I I MIXED USEl 2W 7.6 33.8 2.6% 150 100 278 30,0003 ~~ I3Wa13.1 8.2 0.6% 95 OPEN SPACE/ GOLF COURSE 3Wb 4.7 11.8 0.9% 50 30 * CLUBHOUSE SITE 3Wc 5.2 12.0 0.9% 60 70,000 4W 9.3 11.2 0.9% 100 105,800 * PROPOSED MAINTENANCE FACILI 5W 4.5 17.1 1.3% 70 30 6W 0.0 4.0 0.3% public site ~ ROADWAYS v"- 1'(' 7W 8.1 37.4 2.9% 50 90 _.7\ MAJOR DRAINAGES 8Wa 2.0 58.2 4.4% 83 110 ,i 8Wb 2.2 9.0 0.7% 40 REGIONAL TRAIL 9W 4.7 23.8 1.8% 33 73 200 20,000 10W 4.7 40.8 3.1% 40 134 350 30,000 ......-...... , COMMUNITY TRAIL 11W 2.6 16.1 1.2% 10 31 50 , 12W 3.5 26.5 2.0% 92 100 ......-.....' ON-ROAD TRAIL 13Wa 1.4 21.7 1.7% 40 13Wb 0.6 37.7 2.9% 40 14W 1.6 72. 1 5.5% 117 15W* 0.5 26.4 2.0% 12 16W* 1.0 92.0 7.0% 90 0 300 600 1200 17W* 0.6 121.8 9.3% 120 18W 2.5 24.2 1.8% 61 o'clock M. Recorded in Book Page_19W 3.1 47.4 3.6% 40 70 j;R~. ROS~Ei20W2.1 40.0 3.1% 26 56 21W 5.1 13.4 1.0% 20 30 NORTH SCALE: 1 "=600'-0" " >n.. ~ Fees $ I J !,,- Deputysubtotal3.0 842.8 64.3% 1052 1411 23W 468.1 35.7% TOTAL 1310.9 100.0% 2463 1278 395,800 AN AMENDMENT OF THE RENDEzVOUS 2003 PLANNED DEVELOPMENT DISTRICT PLAN DENSITIES MAY BE ADJUSTED DEPENDENT UPON PROVISION OF CENTRAL SERVICES ~ OOS-~JE~J'(~O! LAND USE PLAN SHEET 6 OF 11 I II C\l : I JOHNS DRIVE a: I 1 I:, 1 i= i GRAND PARK PLANNED DEVELOPMENT DISTRICT PLAN A PART OF SECTIONS 20, 28, 29, 30, 31, 32 TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PM COUNTY OF GRAND, STATE OF COLORADO r- I I I I I 1 I; I I I I I I I I I I I I I I I I I I o't' 0{Y-t- < i A<i~v.; 00; 0#" V 0 CEMETARY GRAND PARK PLANNED DEVELOPMENT DISTRICT PLAN A PART OF SECTIONS 20, 28, 29, 30, 31, 32 TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PM COUNTY OF GRAND, STATE OF COLORADO Ii I I I I I I I I I I 1/E Q u n u II TUBING HILL, RO/'oll12 co\J~10\t \0) S't.<- I I I j c 13Wb 37.7 ac I I I LEGEND PROPOSED SANITARY SEWER WITH MANHOLE PROPOSED ROADWAY 2W DEVELOPMENT PARCEL DESIGNATION GRAND PARK BOUNDARY EXISTING SANITARY SEWER WITH MANHOLE 15W 26.4 ac ii j.: ii n J 11 c NOTES: 1. THIS PLAN SHOWS THE MAIN SEWER LINES FOR THE ENTIRE DEVELOPMENT. MAIN SEWER LINES ARE: A. SEWERS REQUIRED OUTSIDE OF DEVELOPMENT AREAS B. SEWERS THAT CONVEY SEWAGE FROM MORE THAN ONE DEVELOPMENT AREA. 2.IF DEVELOPMENT PARCELS, 16W, 17W AND 15W ARE NOT SERVED BY SEWER THEN THE MINIMUM LOT SIZE IS 2 ACRES. 3. THE SEWER SYSTEM WILL BE DESIGNED AND CONSTRUCTED ON A PHASED BASIS IN ORDER TO UTILIZE EXISTING FACILITIES WHERE AVAILABLE AND TO PROVIDE FACILITIES CAPABLE OF HANDLING ULTIMATE CAPACITY AS REQUIRED. STATE OF COLORADO} County of GRAND 55 Filed r record thi day of at LJ M. Page_ t:l~~~J1J Deputy Fees $ t!!'-- I t)OS.O 1~'Dt; e MeurerIASSOCIATES 17W 121.8 ac 1 I L S 89'10'03" W Basis of Bearings! II I' o 300 600 1200 ENGINEER Meurer & Associates 143 Union Blvd Suite 600 Lakewood, Colorado 80228 303) 985-3636 NORTH SCALE: 1 "=600'-0" AN AMENDMENT OF THE RENDEzVOUS 2003 PLANNED DEVELOPMENT DISTRICT PLAN PRELIMINARY SEWER MASTER PLAN DATE: JUNE 16,2005 SHEET 7 OF 11 5 I I I I I I H j.: li H l; f~ 2: il I j I I l I I I I I X I I 1/ I I I I I I I I I I I I I I I I I 1___ I 01~ I I t; r::. n i! I I II I t I I I I I I f j l I i= li I: g I I l , I I 15W 26.4 ac I I BLUE ZONE ,..'/-1 YELLOW ZONE I I I I I I I I o BLUE ZONE TANK FF 8795 31.'f:t I I I GREEN ZONE TANK FF 9195.5 16W 92.0 ac I I 1& V 5)/rS,,'Y t::J"Y Q., I I 17W 121.8ac RED ZONE TANK FF 9415.5 18W 24.2 ac I' 1 fIIII1" I, 8Wa f' 58.2 ac I' I 10W..... 40.8 at! l/ I-------,~ n~~ I 11 / 16.1 ac 1) 0 20W 40.0~ I 1 I I 1 I ) I RE N ZONE ) P MP . T TION ~ r;;-==--. l I I \ 1JI r Basis of Beurirv:r:;) II t&/ ~ 5) '/ $-'V 0 I~1 , I / I .I' I I I I I I PURPLE ZONE PUMP . / STATION.. / I I s 8~:r10'03" ~ - - - - -, I C \. '-0' GRAND PARK PLANNED DEVELOPMENT DISTRICT PLAN A PART OF SECTIONS 20, 28, 29, 30, 31, 32 TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PM COUNTY OF GRAND, STATE OF COLORADO J J LEGEND PROPOSED STORAGE TANK PROPOSED PUMP STATION A PRV VALVE BLUE ZONE WATER LINE II _ YELLOW ZONE WATER LINE GREEN ZONE WATER LINE RED ZONE WATER LINE PRESSURE ZONE BOUNDARY STATE <OF COLORADO} 80unty of GRAND 58 Filed~record.t'}is g- day.~f!/~~~ at L/..' fJ 'I o'clock P' M. Recorded in Book Page_ RA.L(~~ENE iF$>., $; , 11""'- Deputy OOS-D 1~"'D9 ASSOCIATES Meurer ENGINEER Meurer & Associates 143 Union Blvd Suite 600 Lakewood, Colorado 80228 303) 985-3636 o 300 600 1200 NORTH SCALE: 1 "=600'-0" AN AMENDMENT OF THE RENDEzVOUS 2003 PLANNED DEVELOPMENT DISTRICT PLAN PRELIMINARY WATER MASTER PLAN SHEET 8 OF 11 DATE: JUNE 16, 2005 1 S i 1 i i\ a li' a:. 1 't-/. o..v.;-:;.? Q0I0\// 7<-~ -- J,' i"/ ./ v 8"i' 6" 1' V II II II II II Ii II II II II II II II II Ii II II II II 1 I! 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I ( I' I I \ I' I I 1 I I \ I r/ / I I ~_/'/ I r / \ I /./ _ _ _ ~ ___ '- / 1". I / r .... I \ \./' I ".- --- I ( .' r /' - - '- ~ .... ~ ~./ ./ ./ '" r -- ---- I / /' ~ /'/' / I I' - I' / j' \ \ / I I / / " ,/'- I I I I' I / ,,//' I / J r____" \ \ I I I II /.~, .... ( / 1/ ( I I 11// I/// ff! II / 1 / I I I/ IJ \ / I'/", /I } I I I' " ! / i/ / I I 1', ,_,," \ ///,/ 1 / ' I,ll " I I J"__'/""/'__'" )/ 1,,1//1 \ ' 1/1 I , 1///iI,' , II J I" / -' /_'"'' ' / / f ,,,,, I I I ( , r/"" r~-'" / 11/ 11((\ ).- I I " / / / / / u I ,.-- 1// /_, / / I / / II I \ / f !/ /" I / / " / ( (/ I , I , I I / / " I-' ' I f I I I I I r I I \ \ I / , I I bl,\)1o r r( J I i I /' PU\NNEO OE\lELOl-'\\II~'" A PAR'T Of SEC'TIONS 20, 28, 29, 30. 3~, 32 TOWNSHIP ~ SOU'TH, RANGE 75 WES'T Of 'THE 6'TH pM COUN'TY Of GRANO, S'TA'TE Of COLORADO GRAO\NG N01E.S C=--' -=-- ,=---' =----~- 1 FlNJ>,L ROAOWA' OESIGN INCLUOING S,RE," 51 ANQARDS ",, 0 GRAG"" AS E"'C>EO ON 1\1E pco.N ARE SUeJECnO FINAL R",,'EW ",,0 "PROVAL. I r c;2CO-S- D , ,., 6 q 600 1200 NOR1H SCALS: \,'::600'-0" AN ""ENOMEl'>' Of ,HE RENOE'VOUS 2003 "",NNEO OE\lELOPMENl OISIRICl pLAN OA1S: JUNE 16. 2005 feeS sJL1? PREL\M\NA1 GRAO\NG f SHee v,<,,' z' l :/ ~ '\ '~ j ~~, Ie::,0 \/ /" ~ t- "'- ,I" r ~ "::----...~;j GRAND PARK PLANNED DEVELOPMENT DISTRICT PLAN A PART OF SECTIONS 20, 28, 29, 30, 31, 32 TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PM COUNTY OF GRAND, STATE OF COLORADO I EX FRASER~ MAINTENANCE II FACILITY If l I I I I l l I I J c J J 6~) o/v- '---- F '-- ~ .I J: J s V-- ....r""J ,,\ II v~ (, J '\ I 1\1.-1 \ v( \ \ 0 /\ '----- ) l: ( I I ~\ r ':0 I DRAINAGE NOTES 1, GENERAL HISTORIC DRAINAGE PATTERNS WILL BE MAINTAINED POST DEVELOPMENT, WITH THE MAJORITY OF THE STORM WATER RUNOFF FLOWING TO LELAND AND ELK CREEK, AND EVENTUALLY TO THE FRASER RIVER.v 2. INCREASED STORM RUNOFF CAUSED BY DEVELOPMENT WILL BE DETAINED IN DETENTION / WATER QUALITY PONDS AND RELEASED AT OR BELOW HISTORIC RATES. I l I I I I 1 I I I I, I I I I I / 1----\ 0 I J 1/- 0 ) / I J - - / (' I 1'-- ---....... \'- I 3. DRAINAGE FACILITIES WILL BE DESIGNED AND CONSTRUCTED IN CONJUNCTION WITH THE DEVELOPMENT OF EACH OF THE PLANNING AREAS. 4. THE DETENTION PONDS SHOWN IN PLANNING AREAS 2W AND 23W MAY ALSO BE CONSTRUCTED TO PROVIDE WATER AUGMENTATION STORAGE. LEGEND 8950___________ EXISTING CONTOUR I,,~/ BASIN BOUNDARY SUBDIVISION PARCEL BOUNDARY EXISTING CULVERT BASIN INFORMATION ffi A = SUB-BASIN DESIGNATION B = SUB-BASIN AREA FLOW ARROW v"v":":":":""vv"vvv"v""vv" vvvvvvvvvvvvvvv v"v v"vvvvvvvvvv"vvv q",;'.;',,",,",,",,",,",,",,"..:,.:,,:,,",," PROPOSED DETENTION POND E g U A g g I I I I I I I I I 3 11! 1l! I RUN OF WINTER PARK ODS"O l:t ,e~ V Carroll & Lange ~ Professional Engineers & Land SUTVeyorS 47 Cooper Creek Way, Suite 328 Winter Park. Colorado 80482-3345 970} 726-8100 o 300 600 1200 STATE OF COLORADO }SS Cou~ty of GRAND filed r r cord this day of 1 . M. i~~~11 . )1J Deputy iFe.es sJ1! NORTH SCALE: 1"=600'-0" AN AMENDMENT OF THE RENDEzVOUS 2003 PLANNED DEVELOPMENT DISTRICT PLAN CONCEPTUAL DRAINAGE PLAN ARAPAHO NATIONAL FORES1 DATE: JUNE 16, 2005 SHEET 10 OF 11 J III Q I I I I I I I I I I l5 IE Q Q D D i= 8 I I I I I I I I I I 3' Is g C-i u E i:> i.: i" li! I" I I ''\ EXFRASER~ ~ MAINTENANCE /1 /.f\~~ FACILITY 'ft., \\ \\ 1\ ~1\.<h!1I " 1 \\U~ u 1~1 o q(o V; C); O..)>y 0 KINGS CROSSING RD. 1~J 1:t~2;~~/ CO /-~~~~ h/ II II II II I I, I I II II II II II I I II II II II I, II I, II II II j 1/ II II II Ii II II Ii II II Ii II II 0\- I; Ii ROADWAYS RIGHT -OF-WAY PAVEMENT GRAVEL ROADWAY SHOULDER WIDTH LANE WIDTH WIDTH GRAND PARK DR 80' 4' J ROAD B 60' 6' j ROAD 0 60' 6' OLD VICTORY RD 80' 6' a a o cr TYPICAL ROADWAY CRITERIA GRAND PARK PLANNED DEVELOPMENT DISTRICT PLAN A PART OF SECTIONS 20, 28, 29, 30, 31, 32 TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PM COUNTY OF GRAND, STATE OF COLORADO ROADWAY NOTES 1, Roadway Facility Guidelines Right of way and roadway standards have been designated as a planning guide based on the Grand Park PDD land use, roadway classification and laneage for local, collector, and arterial roadways. 2. Intersection Criteria Intersection and auxiliary lane criteria are identified for Grand Park in the Rendezvous Traffic Impact Analysis. 3. Roadway Design Criteria Site, environmental and geological constraints; development standards; construction techniques; and materials will be considered in the development of roadway layouts and construction documents. 4. Final Roadway Design Approval The Town of Fraser will grant final right of way, intersection and roadway approval at the time of roadway design review. 5. Signalized Intersections Signalized intersections conforming to the Rendezvous PDD and to the 1986 FraserlWinter Park Roadway Network Plan have been identified along US 40 in the Grand Park PDD. 6. Railroad Grade Separated Crossings (GSC) Based on the Grand Park PDD, a vehicular/pedestrian GSC is planned in the vicinity of Leland Creek connecting with Grand Park Drive, the Old Victory Road, and the King's Crossing Road extension. The Leland Creek GSC serves regional traffic and safety needs. 7. Grand Park Secondary Access A secondary access point will be made on County Road 72. Grand County and other parties under its regulatory control will participate in improving County Road 72 to an acceptable standard. 8. Old Victory Road Connection Provision will be made for permanent public roadway and trail access between County Road 72 and the Old Victory Road. 9. South Connector Sufficient right of way will be provided on Grand Park Drive and Road B to allow for future transportation facility improvements as they become applicable, including a potential connection south, linking to the DWB parcel, and an alternate access to the potential expansion of Winter Park Resort. Benefiting parties, other than Grand Park, inciuding the Town of Winter Park, Winter Park Recreation Association, Intrawest, the Denver Water Board, Grand County and others will fund improvements that become necessary beyond the base roadway facility. 10. Transit It is intended that a community-wide transit will serve Grand Park on its street network. The Developer will cooperate with the Town of Fraser in the identification of future alternative transit corridors. ADJACENT TRAIL OOS.-r()'~ I{J~ 8' N/A 8' 8' Deputy fgg1? Llll.---- o 300 600 1200 NORTH SCALE: 1 "=600'-0" AN AMENDMENT OF THE RENDEzVOUS 2003 PLANNED DEVELOPMENT DISTRICT PLAN ROADWAY MASTER PLAN DATE: JUNE 16, 2005 SHEET 11 OF 11 11111111111 1111111 1111 111111 11111111111 III 11111 11111111 2005-005383 OS/26/2005 01:19P SUBAGR SARA L ROSENI 1 of 7 R 36.00 0 0.00 GRAND COUNTY CLERK SUBDIVISION IMPROVEMENTS AGREEMENT Meyer Subdivision THIS SUBDIVISION IMPROVEMENTS AGREEMENT (this "Agreement") is made as of this r:JJ1!'day of t;f}/,'I ' 2005, by and between CORNERSTONE WINTER PARK HOLDINGS LLC, a Co orado limIted liabilIty company (the "Developer"), on the one hand, and the TOWN OF FRASER, a Colorado municipal corporation acting by and through its Board of Trustees (the "Town"). fr''in,\l!@~ili~~ ~o~ _,I?,'?r0 '\D{.';w ~~~~f'~~~~t, allYde~~=c~~ attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is or was subject to the terms and conditions of, among other matters, all of those certain instruments and other documents more particularly described on Exhibit "B" attached hereto and incorporated herein by this reference (collectively, the Underlying Documents"); and WHEREAS, Developer has applied for and the Town has approved a resubdivision of the Property to be known as Meyer Subdivision, A Resubdivision of Lots 1, 2, 3, 4 and 5, a Resubdivision of Parcel B, Forest Meadows Solar Communi 'RecePti~n ., 77i~ lDJlif~~~m' ce' . 93781, a J{E)i, i ion ct dE, 0 t Mead s C ity, . Re ti 0 ~ , t a a or . " ceptlOn. III e rea property records of Grand County, Colorado (the "Subdivision"); and WHEREAS, pursuant to the Town's subdivision regulations, Developer is required to enter into an agreement with the Town concerning the construction of the public improvements within the subdivision; and WHEREAS, this Agreement and the approved Final Plat of the Subdivision are intended to supersede and replace the provisions of the Underlying Documents as they relate to the Property, except as otherwise provided herein. l~~,l:~:I~ mutua~s©J~jf promises, the parties hereby agree as follows: 1. Effect of this Agreement. This Agreement and the Final Plat of the Subdivision constitutes the entire agreement between the Town and the Developer with respect to the Property, and this Agreement hereby releases, supersedes and replaces the Underlying Documents in all respects except: 2005-02-16 A. The remaining subdivision improvements for the Property shall be completed in accordance with Paragraph 3 of this Agreement; and 1111111111111111111111111111111111111111111111111111111 2005-005383 OS/26/2005 01:19P SUBRGR SRRR L ROSE' 2 of 7 R 36.00 D 0.00 GRRND COUNTY CLERK B. The Developer's obligations to dedicate public streets and easements within the Property shall survive and shall be governed by the provisions of Paragraph 2 below; and C. The Developer's obligations to satisfy other subdivision requirements shall be governed by the provisions of Paragraph 3 below. 2. Dedication of Streets, Rights-of-Way and Easements. Additional street rights-of- way and access and utility easements may be needed to serve any development on Lots I and 2 of th~ Subdivision, once the nature of the proposed develo rn~nt is kn~~~W7 l7~1r~~~eio to C s~a ~lg~~O~ er ~i~s~ ~~~~~!~ I~t' . for the Pr erty, or any portion thereof, in accordance with the procedures specified in Paragraph 3 hereof. 3. Future Subdivision Improvements and Requirements. Since the nature and details of the proposed physical development of the Property were not known at the time of the Town's approval of this Agreement and the Final Plat of the Subdivision, the Town reserves the right to review any future development plans for the Property, and if appropriate, require compliance with any applicable provisions of the Town's subdivision regulations with respect to such development. Such further review shall occur concurrently with the first to occur of either (a) Town approval of a final plat for a further subdivision of all or any portion of the Property, (b) Ri=~:o ~ or yan~~i~~i~0BlSWl13~~~r it be nd~-~' . the f~~~s~8 2005-01-31 A. The Town may require the owner(s) to dedicate or convey street rights-of way and access, utility, and snow storage easements and any other easements that may be necessary to serve the proposed development and to provide connections with other existing or planned streets or access or utility corridors. Such required easements shall include, but are not limited to, easements for public pedestrian access to and along Elk Creek where it traverses the Property. In addition, the Town may require that the right- of-way for the street known as County Road 72 be widened and/or realigned to accommodate the alignment of the planned connecting street known as the Fraser Valley parkWaY'~~~~o~an~thl:rLr a~p.lic~@JOJtW eg~n~~;U;~lmm~~~~ s, public dedications, trails, sidewalks and drainage facilities. C. The Property consists of two separate development parcels identified on the Final Plat of the Subdivision as Lots I and 2 (each, a "Development Parcel"). The public subdivision improvements required in connection with development of each Development Parcel will be identified in connection with the review of the development plans upon the occurrence of any of the conditions listed as items (a), (b) or (c) above of this Paragraph 3. If all such required public subdivision improvements with respect to the affected Development Parcel are not previously completed to the satisfaction of the 1111111 1111 1111111 1111 1111I1 11111111111 1111111111111111 2005-005383 OS/26/2005 01:19P SUBAGR SARA L ROSEN 3 of 7 R 36.00 D 0.00 GRAND COUNTY CLERK Town, the then owner(s) of the Development Parcel shall enter into a fully-secured supplemental subdivision improvements agreement with the Town with respect to the construction, installation and warranty of all public subdivision improvements required by the Town as a condition of such approval, and which are within the jurisdiction of the Town to require. The development of one Development Parcel or any portion thereof shall not trigger the obligation to construct the public subdivision improvements that are solely related to the other Development Parcel. Notwithstanding the foregoing, the Town may require that the owner( s) of the first Development Parcel to be developed be responsible for and pay the costs of designing and constructing the street known as Co •• ty Roo! 72 '"' !~ot4 'i! ·vi. fac: e , frO~.~!(' r m at! 0 mrsectlOnw J s v t ar de' road ros ar t dary 0 .. , who co m~i u e the supp ementa subdivision improvement agreement for such Development Parcel. Developer may, by separate instrument, impose covenants upon the Property to require any future owners of the Development Parcels to share in the costs of such improvements to County Road 72, which may include provisions for reimbursement to the owner( s) who first develop and incur such costs; provided, however, the Town shall not be responsible for administering any such reimbursement arrangements. 4. Water Service. The Town acknowledges and agrees that prior owners of the Pro~yM" ~"fioo."1 ]fe3~&;:,~iii?~ 5. Notices. All notices, demands, requests or other communications to be sent by one party to the other hereunder or required by law shall be in writing and shall be deemed to have been validly given or served by delivery of same in person to the addressee or by courier delivery via federal express or other nationally recognized overnight air courier service or by depositing same in the united states mail, postage prepaid, addressed as follows: To the Town: Town of Fraser Q!~~ISi~Ln With a copy to: 2005-01-31 Rodney R. McGowan, Esq. Cazier and McGowan P.O. Box 500 Granby, Colorado 80446 To Developer: With a copy to: 1111111111111111111111111111111111111111111111111111111 2005-005383 OS/26/2005 01:19P SUBAGR SARA L ROSENE 4 of 7 R 36.00 D 0.00 GRAND COUNTY CLERK Cornerstone Winter Park Holdings LLC P.O. Box 30 Winter Park, CO 80482 Attn: C. Clark Lipscomb Otten, Johnson, Robinson, Neff & Ragonetti, P.C. 950 Seventeenth Street, Suite 1600 Denver, Colorado 80202 Attn: Munsey 1. Ayers l?~~~5~~t~JC2.st.a~ Yb-effecti~\Q)~~ ~~~l~~S~S~~~lI~l~a1 Express or otlier natIOnally recognized overnight air courier service or three (3) business days after deposit in the United States mail. By giving the other party hereto at least ten (10) days written notice thereof in accordance with the provisions hereof, each of the parties shall have the right from time to time to change its address. 6. No Third Party Beneficiaries. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Town and the Developer, and nothing contained in this Agreement sha1l give or a1low any such claim or right of action by any other i7~~~~i~ i tio the To~~1E5J.~ lW~~~~~o o~e lope ~ ei g. service\8'@6,h21 7. Recording. This Agreement sha1l be recorded in the office of the Grand County Clerk and Recorder and shall be deemed to run with the title to the Property, and the provisions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Q)~~XCC~~NE:WINCcg~~ HOLDINGS LLC, a Colorado limited liabiYty company 2005-01-31 Attest: fJMV 111111111111111111111111111111111111111111111111111111I 2005-005383 OS/26/2005 01:19P SUBRGR SRRR L ROSEN 5 of 7 R 36.00 0 0.00 GRRND COUNTY CLERK WN: I wn of Fraser, a Colorado municipal By: Its: -tt---'*:--:;-\\+------"""----r------- s.ceJ1~ The foregoing instnunent was acknowledged before me this / Vf.1I, day of Ai4\Q , 2005 by C.('j a.k L (05m.b. as v; e.g Pf'(SiM., of Cornerstone Winter Patk Holdings LLC, a Colorado limited l{ability company, on behalf of the company. Witness my hand and official seal. om~ruu:"pjresc. . . / /-0 (p I M!I',;Y I(AY WRAY NOTAP~'YP~~BLlC ~ ce J1~k(j C(Q)~3f STATE OF COLORADO COUNTY OF bRAND ss. The foregoing instnunent was acknowledged before me this ~ day of etA! ' 2005, by Pt-rRll!f'i!if'kILpr(, as tiMOR....-, and ft.CLLY MciA,,'Dl ~ as 7/:':'". , of the Town of Fraser, a Colorado lQm~JOJJ!m:lhCI~ ceQ) ~~ My commission expires: 0 ::. (0'6'/ 2='("' Notary Public 2005-01_31 Lots 1 and 2 Minor Subdivision -Final Plat, Meyer Subdivision, 1111111 111111111111111 111111 111111111111111111111111111 2005-005383 OS/26/2005 01:19P SUBRGR SRRR L ROSENE 6 of 7 R 36.00 D 0.00 GRRND COUNTY CLERK EXHIBIT A LEGAL DESCRIPTION A Resubdivision of Lots 1,2,3,4, and 5, a Resubdivision of Parcel B, Forest Meadows Solar Community, Reception No. 218775, Part of Parcel A, Forest Meadows Solar Community, Reception No. 193781, and Block 3 and Block 4, a Resubdivision of Tract D an~~W S t ou ~~~:te~t~~~~;;~~~~~h6 i· d· T f~~ , olorado. 2005-01-31 Exhibit A Page-I 1111111111111111111111111111111111111111111111111111111 2005-005383 OS/26/2005 01:19P SU8AGR SARA L ROSENI 7 of 7 R 36.00 D 0.00 GRAND COUNTY CLERK EXHIBITB UNDERLYING DOCUMENTS 1. Memorandum of Agreement between Donald N. Drake, Walter 1. Meyer and James H. Gibson, as owners, and the Town of Fraser, Colorado, acting by and through its Board of Trustees, relating to Forest Meadows Development, dated October 29, 1981, and recorded November 17, 1981, in Book 30 I at Page 545, as amended by instruments recorded July 24, 1984, in Book 354 at Page 379 and October 5, 1984, in Book 360 at Bjfj£It:a~:~~[!iji~ and as amended by instrument recorded October 27, 2004 at Reception No. 2004-012690. 3. Subdivision Improvements Agreement recorded July 13, 1983, in Book 322 at Page 7, as amended by instrument recorded May 4, 1984 in Book 350 at Page 267. 4. Agreement Relative to Forest Meadows Solar Community between Town of Fraser, Colorado and Walter 1. Meyer recorded February 11, 1991, in Book 474 at Page 910 and as amended by instrument recorded October 27,2004 at Reception No. 2004-012690. 7~~~~'ri;g~ "°'0Jfi~w ~ l1"\J~~t~ow ~ 1982 a~~~7~ and as amended by instrument recorded October 27,2004 at Reception No. 2004-012690; Plat of a Resubdivision of Parcel C of Forest Meadows Solar Community, filed December 1, 1982 at Reception No. 198590; Plat of a Minor Resubdivision of Parcel D of Forest Meadows Solar Community, filed July 24, 1984, at Reception No. 218772 and as amended by instrument recorded October 27, 2004 at Reception No. 2004-012690; and Plat of a Resubdivision of Parcel B, Forest Meadows Solar Community, filed July 24, l?~lt~~aiWc~~~oveme~o~ ~. ~ \L~i-id ~ate~:di::lO~I~~:ovements Agreement, recorded October 27, 2005_01_31 2004 at Reception No. 2004-012690. Exhibit B Page-I LAND USE APPLICATION FORM PROJECT NAME: DATE RECEIVED:APPLICATION FEE: TYPE OF APPLICATION Annexation, Zoning, Concept Plan Conditional Use As Built Plat Site Plan Vacation of Street or Easement Final Planned Development Plan Change of Zone Final Plat Planned Unit Development Sketch Plan Variance Development Permit Minor Subdivision Plat Preliminary Plat Subdivision Exemption Other PROJECT INFORMATION Applicant's Name: HEARING DATE Project Location: Address:Phone/Fax: Existing Location: Relation to Property Owner: Legal Description of Property (lots, blocks, tracts, subdivision name, or metes & bounds - attach additional sheet, if necessary): Total Acreage of Property under Consideration: Number of Existing Residential Lots:Number of Proposed Residential Lots: Type of Housing Proposed: Number of Existing Commercial Lots:Number of Proposed Commercial Lots: ADDITIONAL CONTACTS Property Owner:Consultant: Address:Address: City/State/Zip:City/State/Zip: Phone/Fax:Phone/Fax: Proposed Zoning: Print Form Grand Park 4w.1 and Meyer Lot 2 CLARK LIPSCOMB US 40 & Old Victory Rd. 46 MARKET ST. FRASER,CO 80442 970-948-1883 SEE ATTACHED PROPERTY REPORT CARD 12.51 0 46 Units MULTI FAMILY 00 CORNERSTONE HOLDINGS TERRACINA DESIGN PO BOX 30 10200 E. GIRARD AVE. BLDG A SUITE 314 WINTER PARK, CO 80482-0030 DENVER, CO 80231 303-632-8867 EXISTING GRAND PARK PDDP & Business x x BRIEF DESCRIPTION OF DEVELOPMENT: The Town of Fraser requires that the applicant pay all fees and costs relating to this application, as provided in the Town's general application policies set forth in Section 1-3-70 of the Fraser Municipal Code, which is reproduced below. The undersigned acknowledges that he or she has read and understands such policies and agrees to the terms thereof, including those provisions concerning collection of unpaid charges owed to the Town. The amount payable for up-front application fees and any cash deposit for additional processing charges will be specified by Town staff at the time of filing this application. Additional payments or deposits may be required during the processing of the application. CERTIFICATION I hereby affirm that I have full legal capacity to authorize the filing of this application and that all information and exhibits herewith submitted are true and correct to the best of my knowledge. The Authorized Signer gives consent for Town of Fraser representatives to make all reasonable inspections and investigations of the subject property during the period of processing this application. I understand that all materials and fees required by the Town of Fraser must be submitted prior to having this application processed. Authorized Signature:Date: Sec. 1-3-70. General application policies. The following general policies shall apply to all applications for permits or other approvals required under the provisions of this Code, unless different requirements, which are inconsistent with the following, are specified under the provisions of this Code for a particular type of application: 1) No application will be considered complete until all prescribed fees and deposits have been paid. 2) Application fees. Application fees are established and modified from time to time by the Board of Trustees and are set forth in the current fee schedule approved by the Board of Trustees. Such application fees are intended to defray the administrative expenses of processing applications attributable to the use of Town employee time and Town facilities. No part of an application fee shall be refunded on account of any denial, partial processing or withdrawal of part or all of the application. 3) Processing fees. In addition to application fees, the applicant shall pay all costs relating to the processing of the application, including the costs of publication for each publication required. If republication is necessary due only to Town error, the Town will pay the costs of republication. The applicant shall also pay the costs for mailing notification of the application to adjacent or surrounding property owners, if required. The applicant shall pay any and all recording fees relating to the application or approval thereof and all inspection fees relating to the application or administration of the permit or other approval. 4) Additional costs. The applicant shall pay for any additional costs incurred by the Town for the services of outside professionals, consultants or other review agencies, other than Town staff, including, without limitation, attorneys, engineers and outside planning consultants, during the review and consideration of an application. The Town will send invoices to the applicant for expenses incurred as the Town is billed, which shall be paid by the applicant within the time prescribed in the invoice. Any amounts not paid when due shall accrue interest at the rate of one and one half percent (1.5%) per month, not to exceed eighteen percent (18%) per annum. 5) Deposit. The Town may require the applicant to provide a cash deposit, in an amount specified in the fee schedule established by the Board of Trustees, to secure payment of the anticipated processing fees and additional costs related to the application not covered by the application fee. The Town may draw upon this deposit to pay such fees and costs and may also suspend further proceedings or reviews related to the application for any delinquent account until the applicant pays the amount necessary to reinstate the full amount of the cash deposit. Any delinquent account related to an application shall be sufficient grounds for denial of the application. Any unused portion of such deposit remaining after completion or termination of the application and payment of any outstanding invoices shall be refunded to the applicant. No interest will accrue on the deposit. 6) All outstanding fees, taxes and invoices shall be paid in full prior to final approval of the application or issuance of the applicable permit, certificate or other approval document. Deposits shall be held for ninety (90) days after approval to cover any outstanding invoices related to the application. 7) In the event of nonpayment of fees, costs or other charges owed, the Town shall have the right to file a legal action to collect any balance due to the Town, plus its costs of collection, including reasonable attorney's fees, against the applicant and/or the owner of the property that is the subject of the application. The amount of such unpaid fees, costs and other charges owed to the Town shall constitute a lien upon any property that is the subject of the application, and the Town may certify to the County Treasurer any amount due for collection in the same manner as other property taxes are collected. 8) The Town shall reserve the right to revoke or suspend any permit, certificate or other approval issued hereunder if the work or activity undertaken pursuant thereto is not done in accordance with the approved terms. SEE ATTACHED NARRATIVE O m m U m r+ N c m C-) Q v a- u) D m i T. C1 C) L2 CD r) -0 3 CS O O W O m Q S?7 m rJ7 31. C) Dn -n T. (D m m D 3kh Y- C, ®NC O G O O m Cn Cr. 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D CD 3t +-+ CD 3t 0 N O iV3 OG'1 Q N ` C CO r+ CrnL.i G CD N W m 0) µC 31 0O)) A A J4Rco to 01 _0i OD co W r m O C CY) I NOTIFICATION OF SEVERED MINERAL ESTATES The Town of Fraser, pursuant to C.R.S. 24-65.5-103, requires notification to mineral estate owners, mineral estate lessees and surface owners in connection with the following land use applications: Major Subdivision Preliminary or Final Plat, Final Planned Development Plan, Conditional Use Permit, Major Site Plan, or any other development application that requires a public hearing. Thirty (30) days in advance of the initial public hearing, the applicant shall provide notice to all surface owners, mineral owners and lessee of mineral owners in accordance with C.R.S. 31-23-215 and 24-65.5-1-3, as amended. The applicant must certify the same to the local government as a condition of approval of the application. Please use CERTIFICATE OF NOTICE TO MINERAL ESTATE OWNER form. I /We have searched the records of the Grand County Tax Assessor and the Grand County Clerk and Recorder for the above identified parcel and have found that no mineral estate owner is identified therein pursuant to Section 24- 65.5-1 ) of the Colorado Revised Statutes. Ap is t 4 Authorized Representativ Date DYHYDHYHDUS H W Y 40 OLD VICTORY ROADUS H WY 401+ 502+ 003+004+005+006+ 007+008+008+73BP: 1+ 50.00PI: 2+ 9023PI: 6+5 887EP: 8+725 31+002+003+004+005+006+006+50BP: 1+00.00 EP: 6+50.001+002+ 003+004+ 005+005+ 67BP: 1+ 00. 00EP: 5+ 66.700+ 501+002+ 003+ 004+ 004+50 BP: 0+ 50. 00EP: 4+ 50.000+ 501+ 002+ 003+00BP: 0+ 50.00 EP: 3+00. 00 0+ 50 1+0 0 2+ 00 3+00 3+50 133'175'15 5 160 FLOODPLAIN LIMIT ELK CREEK 30' SETBACK ELK CREEK 4W.1 MEYERS LOT 2 MEYERS LOT 2 FLOODPLAIN