HomeMy Public PortalAboutTBP 1999-08-04
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TOWN OF FRASER
, "Icebox of the Nation"
P.O. Box 120/153 F'raser Avenue
Fraser, Colorado 80442
(970) 726-5491
FAX Line: (~70) 726-5518
1.
Roll call
TOWN BOARD AGENDA
. REGULAR MEETING
August 4, 1999, 7:30 p.m.
2.
Approval of minutes from 717/99 and 7/21/99
August 18th:
August 25th: '
September 1 st:
Open Forum
4.
Chamber of Commerce Update: Catherine Ross
5.
Public Hearings
6.
Action Items
a)
Transferoflease assignment from the Town of Fraser to Maryvale, LLC to the
Town of Fraser to Maryvale Village, LLC.
Final. plat, the Ski Broker, major subdivision
SOOky's proposed lease .
Chamber ofCommerceMOU
ALCQ sign variance
Discussion Items
a) The Safeway stovlight
b) Afforable Housing regulations
c) Wally Alves I
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b)
c)
d)
e)
7.
Staff Choice
a)
Public Officials Liability video
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Board Member's Choice
Town Board regular meeting
Planning Commission regular meeting
. Town Board workshop (finances and gates!) and regular meeting
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TOWN BOARD
JULY 7,1999
The regular meeting of the Town Board was called to order at 7:30 p.m. Board present
were Mayor Johnston, Soles, Sanders, Swatzell, Rantz and Klancke. Staff present were
Reid and Winter.
Swatzell made a motion approving the minutes of the 6/16/99 meeting as written, 2nd
Sanders, carried.
OPEN FORUM
Jim Sheehan from the Housing Authority gave the Board an update on activities.
Catherine Ross gave the monthly Chamber update.
ACTION ITEMS
FINAL PLAT VICTORIA VILLAGE TOWNHOMES
Reid presented the [mal plat of Victoria Village Townhomes. All requirements have been
met and staff recommends approval. Klancke made a motion to approve the final plat for
Victoria Village Townhomes, 2nd Soles, carried.
FINAL PLAT SUN VIEW #1 CONDOMINIUMS
FINAL PLAT SUN VIEW #4 CONDOMINIUMS
Reid presented the final plat for Sun View #1 Townhomes and Sun View #4 Townhomes.
Staff recommends approval with conditions.
Soles made a motion to approve [mal plat for Sun View #1 Townhomes and Sun View #4
Townhomes with the following conditions.
1. All fees paid prior to recording plat.
2. Subdivision improvements sign and money escrowed.
Motion 2nd by Sanders, carried.
ALCO SIGN PERMIT
Alco has a request to allow the signage at the new store to be 168 sq. ft. Board stated
they are not willing to grant this much sign area. Reid will contact the project manager
and advise them to request a smaller sign.
SITE APPLICATION
Grand County Water and Sanitation District has submitted, for Town signature, the
application for site approval for construction of the new plant. Tabled for further
information.
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. DISCUSSION ITEMS
Reid advised that a Trustee is needed to sit on the Transit Advisory Committee that the
County is in the process of setting up.
Reid discussed improvement agreements that are entered into for final plat approval with
regards to escrowing money if the property is not planning on developing right away.
Jack Van Horn is requesting that fees for the improvement escrow not be collected until a
building permit is pulled. Swatzell made a motion to amend approval for Ptg. Heights
TOwnhomes allowing the plat to be recorded and the improvements escrow due at
building permit stage, 2nd Sanders, carried.
STAFF CHOICE
July 21st is Board, staff, and commission picnic starting at 5:30 p.m.
Swatzell made a motion re-appointing Patty Sue Coulson to the Board of adjustments, 2nd
Klancke, carried.
Reid handed out a memo on various that might work for contracting operations for the
Fraser Sanitation District.
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Reid discussed that Tucker has been looking at street sweeping equipment. Board
directed Reid to pursue this in Tucker's absence.
BOARD CHOICE
Reid gave an update on the street project.
Johnston advised that there would be a monthly lunch meeting with Fraser and Winter
Park. He is asking each trustee to take a turn at attending the lunch.
Johnston presented a petition with approx. 129 signatures protesting the street light at the
Safeway intersection in" it's present form and function." Board understands the
community frustration and asked Reid to look into options regarding the light.
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The Rodeo will announce that traffic must take the Bypass road.
Klancke advised that the Indian and Eagle has been bronzed and will be back in the Park
soon. Klancke discussed that as the Indian was funding from the stock given by the
Hetzler's he wanted to be sure that the budgeted amount of $10,000 could be used this
year to bronze the other statutes. Board acknowledged this. Klancke will also be asking
for a grant of $10,000 in year 2000 budget.
Klancke asked when Maryvale will deed the lineal park.
No further business, meeting adjourned at 10:00 p.m.
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TOWN BOARD
JULY 21, 1999
The regular meeting of the Board was called to order by Becky Swatzell, acting mayor-
Protem. Other board members present were McIntyre, Rantz, and Klancke. Staff present
were Reid, Trotter and Winter.
Minutes of the July 7th meeting tabled.
OPEN FORUM
Horizons request for funding.
Debi Reid representing Horizons asked the Board for $1500 grant to be used as a local
match to obtain State funding for additional space for infants and toddlers. McIntyre
made a motion to approve the Letter of Intent for $1500, 2nd Klancke, carried.
NWCCOG QQ
Lane Wyatt representing NWCCOG water Quality gave the Board an update of projects
they work on and can work on for the Town.
Carol Sidofsky gave information regarding COOT traffic studies.
Clifford Clayton asked about a response from the Town regarding the traffic light
at Safeway. He was advised that staff is still asking engineers etc. regarding any options
the Town might consider. We will advise Mr. Clayton when we have any answers.
ACTION ITEMS
ALCO sign variance
ALCO is asking for a sign variance to put up a total of 144 sq. ft. After discussion
Klancke made a motion to allow the 144 sq. feet of sign, but that within a 6 month period
the Board might make them take the sign down and only have 128 sq. ft. of signage,
motion 2nd McIntyre, carried.
A Resolution transferring water lease to new Maryvale Village LLC
Reid reviewed the request by Maryvale LLC that the lease for 65 acre feet of water from
the Middle Park Water Conservation District to be used on the Golf Course be approved
as to transfer to the new owners Maryvale Village LLC. Representatives of the new
owners were present. Mter lengthily discussion McIntyre tabled this until the next
meeting to get further information, 2nd Rantz, vote 2-2.
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Double Image Townhome plat.
Trotter presented the plat. Everything is in order and staff recommends approval.
McIntyre made a motion approving the plat, 2nd Klancke, carried.
DISCUSSION ITEMS
Discussion on Block party tabled.
STAFF CHOICE
Reid gave an update on the paving project. Reid reviewed change order #3, the extension
of Wapiti Drive to the upper town limit. Rantz made a motion approving change order #3
for approx. $100,000 to extend the improvement all the way up Wapiti Dr., 2nd Klancke.
The video will be watched at a later date.
Winter presented a request to issue a temporary license to continue to operate the liquor
sales at the Byers Peak Restaurant. Klancke made a motion to issue the temp. permit to
The Byers Peak, 2nd McIntyre, carried.
Rantz made a motion to approve the wetlands mitigation contract for the Fraser River
Trail, 2nd McIntyre, carried.
Klancke said that the Indian and Eagle Bronze is up.
No further business, meeting adjourned at 10:20 p.m.
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BAKER, CAZIER AND McGOWAN
A Law Partnership ofProfessloDal CorpOr'<ltlODS
JoIm L. Baker, P.e.
StluIIey W. Cazier, P.C.
Rodney R. McGowan, P.e.
Rod McCoWin
M1d@mc~pc.cam
6149~ U.S. HIghway 40 East
Box 500
Granby, Colorado 80446
Telephone: (970) 887-3376
Fu: (970) 881-9430
July 30, 1999
Board of Trustees
Town of Fraser
P.O. Box 120
Fraser, CO 80442
Re: Maryvale - Assignment of Lease Agreement
Dear Board Members:
The Board has been asked to adopt a Resolution consenting to the sale and transfer of the
leasehold interest under that certain Lease Agreement dated July 10, 1989, from Maryvale LLC to
Maryvale Village LLC. This transfer is part of the sale of the entire Maryvale property to :\1aryvale
Village LLC.
The referenced Lease Agreement was originally entered into by the T 0"''11 and Regis.
Maryvale. Inc., as the former owner and developer of the Maryvale property, in order to allow the
developer to lease 65 acre-feet of water available to the Town under a Water Allotment Contract
with the Middle Park Water Conservancy District (the ":\1iddle Park 65 acre-feet") for purposes of
providing a water supply for development of a golf course at Maryvale. The Lease Agreement
includes the following provision concerning assignment:
(8) Regis shall have no right to sell, lease, transfer, encumber or otherwise convey its
leasehold right in the Middle Park 65 acre-feet; pro\olded, however, that in the event of the sale,
transfer or encumbrance of all or any portions of the Lands that are to be used for golf course
purposes, Regis may similarly sell, transfer or encumber all 01' a portion of Regis leasehold rights
in the Middle Park 65 acre-feet to the party or parties obtaining an interest in the golf course
Lands. only after Fraser has given its prior written approval, which approval shall not be
unreasonably withheld. No such sale. transfer or encumbrance shall be valid unless the Assignee
asswnes all obligations contained h..:rein and Fraser receives a copy of the executed documents
of sale~ transfer or encumbrance within five (~) days after execution.
As indicated by this provision. the primary conditions for any assigmnent of the leasehold are (1)
such assigmnent must be in connection with a sale of the :\1a.ryvale "Lands" to be used for the golf
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Town of Fraser
July 30,1999
Page 2
courst, and (2) the purchastr must agrte to asswne the It'Sste's obligations under the Lease Agreement.
When Regis sold the property in 1994. it assigned its interests in the Lease Agreement to
Maryvale LLC, and Maryvale LLC agreed to assume its obligations under the Agreement. The
Town's approval for that assignment was requested in accordance V\lith the above provision of the
Lease Agreement, and such approwl was given. Similar approval is now requested for the
assigmnent to the new purchaser, Maryvale Village LLC.
The documentation that has been furnished to our office concerning this matter includes
copies of the signed conveyance documents from the CUrTent owners to the purchaser, Maryvale
Village LLC. together with copies of the Articles of Organization and certified excerpts from the
Operating Agreement for Maryvale Village LLC. The organizational information indicates that
Maryvale Village LLC is owned by the following entities in the proportions indicated:
Koelbel Winter Park, LLC
Cornerstone Winter Park Holdings LLC
GOW Land Holdings LLC
42.5%
42.5%
15%
Koelbel Winter Park, LLC and Cornerstone Winter Park Holdings LLC are voting members of
Maryvale Village LLC, while GGW Land Holdings LLC is a nonvoting member. The information
also reveals that Koelbel Winter Park, LLC and Cornerstone Winter Park Holdings LLC are the sole
managers ofMaryvale Village LLC. with the authority to enter into contacts and agreements on its
behalf
Although we were not provided with complete copies of the sales contract and all title
infonnation regarding the sale, the conveyance documents furnished to us would indicate that, upon
closing of the sale. Maryvale Village. LLC will become the owner of not only the lauds intended for
the golf course, but all of the Maryvale property and water rights which are subject to the revised
PDD Plan approved by the Town last year, with one qualification. That qualification is that a
separate undivided 20% o\\<nership interest is being conveyed to Jeffery G. Sheets with resptl(.:t to a
12.17 acre parcel in the vicinity of the intersection of the planned rights-of-way for the Fraser Valley
Parkway and Maryvale Village Drive, and which may include a portion of the golf course planning
area. Mr. Sheets is a vice president ofKoelbel and Company, and I believe the reason for the
conveyance of such ownership interest to him is so that there will be an individual landowner within
the boundaries of the Maryvale Residential and Commercial Metropolitan Districts who will qualify
as an elector of such Districts.
The conveyance documents also include Quitclaim Deeds and a Bill of Sale and
Assigmn~ whereby the various wat<< rights, pennits and contractual interests associated with the
Maryvale project, including the leasehold interest under the Lease Agreement, are assigned to
Maryvale Village LLC. The Bill of Sale and Assignment includes a general assumption statement.,
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Town of Fraser
July 30, 1999
Page 3
whereby Maryvale Village LLC "assumes and agrees to perfonn the obligations of the Assignor
with respect to the Transferred Property whether existing prior to or arising subsequent hereto".
This assumption statement arguably satisfies the requirement of the Lease Agreement that the new
owner assume all of the lessee's obligations thereunder.
The minor ownership interest of !vir. Sheets (the "Sheets Interest") presents a teclmical issue
regarding compliance with the assigmnent provision of the Lease agreement, since he is not a party
to the lease assignment and has not personally assumed the obligations oftha Lease Agreement. I
express no opinion whether the Town mayor should reasonably withhold its consent to the
assigmnent based on this issue.
Except for the above issue regarding the "Sheets Interest", documentation we reviewed
appears to satisfy the primary conditions for assigmnent of the Lease Agreement, as referenced
above. Since the closing of the sa.le has not yet been concluded, a provision has been added to the
proposed Resolution. making the Town' s consent to the assignment conditional upon the actual
transfer of the property.
With the qualifications stated herein, and unless the Board has other concerns of which I am
not aware, I would recommend that the Board grant the requested consent for assigmnem of the
leasehold interest to Maryvale Village LLC, conditioned upon 3.\.."tual transfer of the lands as
provided in the draft Resolution.
Very trul)' yours.
Rodney R !vkGowan,. P.C.
RRM:sw
Copy Sent by Fax to Fax No. (970) 726-5518.
pc: Ms. Ramsey L. Kropf (via fa.\:)
Mr. Clark Lipscomb (via fax)
Mr. Jeffrey G. Sheets (via fax)
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I~ElBEL
KOELBEL AND COMPANY
5291 YALE CIRCLE' DENVER. COLORADO' 80222
(303) 758'3500 FAX (303) 758'6632
July 28, 1999
Mr. Chuck Reid
Town Manager
Town of Fraser
153 Fraser Ave.
P.O. Box 120
Fraser, CO 80422
Mr. Rodney R. McGowan
Baker, Cazier and McGowan
62495 U.S. Highway 40 East
Grandby, CO 80446
RE: Maryvale Resolution, Requested Material and Council Packet Materials
Dear Chuck and Rod:
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At the Council meeting on July 21st, the Council requested that our closing of the
Maryvale Property be delayed until after the next Council Meeting to review the
Request for the Consent to the Assignment of the Middle Park Water Lease. Our
counsel previously forwarded the Resolution to accomplish this consent. The effect
of this delay is to maintain the closing in escrow until after the Council meeting.
Among other things that are strictly internal on our part, this precludes either the
Seller or us from making progress toward compliance with some of the deadlines
contained in the Annexation Agreement.
At our meeting with the Mayor, Catherine and you on the 20th, you indicated that
these deadlines could be extended in light of our acquisition of the property and to
avoid dispute. We appreciate that position and believe that it serves all parties well.
For these reasons, we have immediately commenced survey activity on the park
dedication to comply with the requirements of the Annexation Agreement.
However, dedication cannot occur until after closing is complete.
Finally, we are sensitive to the Council's wishes and Rod's request to receive
additional information. We have provided materials pursuant to Rod's letter dated
July 26, 1999. Therefore, for Rod's review and for inclusion in the Town's packet
for the next board meeting, we are providing the following to you with this letter:
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REAL ESTATE SALES' CONSTRUCTION, LAND DEVELOPMENT, PROPERTY MANAGEMENT, INVESTMENTS, INSURANCE
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rQELBEL
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Messrs. Reid and McGowan
July 28, 1999
Page 2
1. A copy of the Deeds which are pending in escrow;
2. The Bill of Sale and Assignment, where Maryvale Village, LLC
assumes and agrees to perform the obligations of the Assignor with
regard to the Lease Agreement; and
3. The formational structure of the buyer, Maryvale Village, LLC.
For Chuck, I enclose ten (10) sets of this letter and these documents for the
Council's packets and Town's distribution. In addition, one copy of this package
has been provided by Federal Express to Rod. If you need anything else, please do
not hesitate to call Clark Lipscomb (970-920-2112, ext. 204), Kevin Patrick (800-
282-5458) or me.
Very truly yours,
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By:
JGS/mp
cc: Clark Lipscomb
Kevin Patrick, Esq.
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MANAGER'S CERTIFICATE
OF MARYVALE VILLAGE LLC
Koelbel Winter Park LLC, as a manager ofMarvale Village LLC, a Colorado limited
liability company (the "Company"), hereby certifies as follows:
1. Koelbel Winter Park LLC and Cornerstone Wmter Park Holdings LLC are the sole
Managers of the Company;
2. The Company has two classes of Units, namely Class A Units (voting) and Class B
Units (nonvoting). The Members of the Company and their respective interests are as follows:
MEMBERS HOLDING CLASS A UNITS No. OF UNITS/PERCENTAGE INTEREST
Koelbel Wmter Park, LLC 425/42.5%
Cornerstone Wmter Park Holdings LLC 425/42.5%
MEMBERS HOLDING CLASS B UNITS No. OF UNITS/PERCENTAGE INTEREST
GGW Land Holdings LLC 150/15%
3. Exhibit A to this Certificate sets forth true, accurate and complete excerpts of Articles
2 and 8 of the Amended and Restated Operating Agreement for the Company dated effective July
22, 1999. These provisions have not been rescinded, amended or revised and remain in full force
and effect.
KOELBEL WINTER PARK, LLC
A:\MARYVALE
Jul{ 22.1999
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STATE OF COLORADO )
1\ ) ss
COUNTY OF :"l)pr /} 1 tJoeA..- )
. The for€?soin& <;ertificate was acknowledged before me thi~.day of July, 1999, by _
~ ~ ~ ~~ as ~~ofKoelbel Wmter Park, LLC, a Colorado
I lia~ility company, as ofMaryvale Villa e, LLC, a Colorado limited liability Company.
[SEAL]
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My Commission Expires: "7 4;..~0r!J/
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EXHIBIT A
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AMENDED AND RESTATED
OPERATING AGREEMENT
OF
MARYVALE VILLAGE LLC
A Colorado Limited Liability Company
Dated effective JulyU(1999
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AMENDED & RESTATED OPERATING AGREEMENT
OF
MARYVALE VILLAGE LLC
A Colorado Limited Liability Company
This Operating Agreement of (this "Agreement ") is adopted, executed and agreed to by
CORNERSTONE WINTER P ARK HOLDINGS LLC, a Colorado limited liability company, KOELBEL WINTER
PARK, LLC, a Colorado limited liability company, and GGW LAND HOLDINGS, LLC, a Colorado
limited liability company effective as ofJuly-z,,~1999.
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ARTICLE 2
ORGANIZATION
2.1. Formation. The Company has been organized as a Colorado limited liability
company by the filing of Articles of Organization (the "Articles") under and pursuant to the Act with
the Secretary of State of the State of Colorado on November 30, 1998. The rights and liabilities of
the Members and Unitholders shall be determined pursuant to the Act and this Agreement. To the
extent that the rights or obligations of any Member or Unitholder are different by reason of any
provision of this Agreement than they would be in the absence of such provision, this Agreement
shall, to the extent permitted by the Act, control.
2.2. Name. The name of the Company is "Maryvale Village LLC," and all Company
business must be conducted in that name or such other names that comply with applicable law as the
Managers may select from time to time.
2.3. Term. The Company shall commence on the date the Articles are filed with the
Secretary of State of the State of Colorado and shall continue in existence in accordance with the
terms and provisions hereof
2.4. Registered Agent; Principal Office in the United States; Other Offices. The
registered agent of the Company in the State of Colorado shall be the initial registered agent named
in the Articles or such other Person or Persons as the Managers may designate from time to time in
the manner provided by law. The principal office of the Company in the United States shall be at such
place as the Managers may designate from time to time, which need not be in the State of Colorado.
The principal office of the Company as of the date of execution of this Agreement shall be 132 W.
Main Street, Suite A, Aspen, Colorado 81611. The Company may have such other offices as the
Managers may designate from time to time.
2.5. Purpose and Scope.
(a) The purpose of the Company shall be limited to investing in, holding, acquiring,
dealing with, developing and/or selling the Original Property and the Additional Acreage.
(b) The Company shall not engage in any other business except with the prior
approval of a Required Interest.
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ARTICLE 8
MANAGERS
8.1. Management by Managers. Except for situations in which the approval of the
Members is required by this Agreement or by nonwaivable provisions of applicable law, (i) the
powers of the Company shall be exercised by or under the authority, and the business and affairs of
the Company shall be managed under the direction, of the Managers, and (ii) the Managers (or their
authorized representatives
(a) acquire by purchase, lease, or otherwise any property which may be necessary,
convenient, or incidental to the accomplishment of the purposes of the Company;
(b) execute any and all agreements, contracts, documents, certifications, and
instruments necessary or convenient in connection with managing the affairs of the Company;
( c) care for and distribute funds to the Unitholders by way of cash, income, return
of capital, or otherwise, all in accordance with the provisions of this Agreement, and perform
all matters in furtherance of the objectives of the Company or this Agreement;
(d) contract on behalf of the Company for the employment and services of
employees and/or independent contractors, such as lawyers, accountants, and investment
advisors, and delegate to such Persons the duty to manage or supervise any of the assets or
operations of the Company;
( e) engage in any kind of activity and perform and carry out contracts of any kind
necessary or incidental to, or in connection with, the accomplishment of the purposes of the
Company as may be lawfully carried on or performed by a limited liability company under the
laws of each state in which the Company is then formed or qualified;
(t) take, or refrain from taking, all actions, not expressly proscribed or limited by
this Agreement as may be necessary or appropriate to accomplish the purposes of the
Company;
(g) institute, prosecute, and defend lawsuits or other judicial, arbitrative, or
administrative proceedings brought by or against the Company, the Members, or the
Unitholders in connection with activities arising out of, connected with, or incidental to this
Agreement or the Company's business, and to engage counselor others in connection
therewith;
(h) establish reserves for debts, liabilities, and obligations of the Company
(whether accrued, contingent or otherwise) and for any other contingencies which the
Managers determine are necessary;
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(i) approve, adopt and register trade names, fictitious names, trademarks and/or
service marks; and
G) take such other action and perform such other services as are necessary,
customary, or appropriate for the operation of the Company's business.
Except as otherwise expressly provided in this Agreement or the Act, the Members shall have
no right to control or manage, nor shall they take any part in the control or management of, the
property, business, or affairs of the Company, but they may exercise the rights and powers of the
Members under this Agreement, including, without limitation, the right to approve certain matters
as provided herein.
8.2. Restrictions on Authority of Managers. Notwithstanding the provisions of
Section 8.1, the Managers may not cause the Company to do any of the following without obtaining
the prior written consent of a Required Interest, unless otherwise required by law:
(a) enter into any transaction or undertake any activity that is not directly related
to the purpose of the Company as set forth in Section 2.5 hereof;
(b) sell, exchange, or otherwise dispose ofall or substantially all of the Company's
assets;
(c) be a party to a merger or an exchange or acquisition of the type described in
Section 7-80-1003 of the Act; or
(d) amend or restate the Articles.
8.3. Time Devoted by Managers. Each Manager (acting by and through its authorized
personnel if such Manager is not an individual) shall be required to devote only such time to the
affairs of the Company as such Manager determines may be necessary to manage and operate the
Company, and each such Person shall be free to serve any other Person or enterprise in any capacity
that it may deem appropriate.
8.4. Execution of Documents.
(a) Any document or instrument may be executed and delivered on behalf of the
Company by the Managers (or by any Manager if more than one), including, without
limitation, any deed, mortgage, note or other evidence of indebtedness, lease, security
agreement, financing statement, construction contract, contract of sale, or other instrument
purporting to conveyor encumber, in whole or in part, any or all of the assets of the Company
at any time held in its name, or any compromise or settlement with respect to accounts
receivable or claims of the Company; and, subject to the authorization requirements set forth
herein or in the Act, no other signature shall be required for any such instrument to bind the
Company.
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(b) Any Person dealing with the Company may rely (without duty of further
inquiry) upon a certificate signed by the Managers (or anyone of them) as to: (i) the identity
of the Managers, any Member, or Unitholder, (Ii) the existence or nonexistence of any fact or
facts which constitute a condition precedent to acts by the Managers or which are in any other
manner germane to the affairs of the Company; (ill) the Persons who are authorized to execute
and deliver any instrument or document of the Company; or (iv) any act or failure to act by
the Company or any other matter whatsoever involving the Company or any Member or
Unitholder.
8.5. Compensation of Managers. The Managers shall receive no compensation for their
services rendered to the Company in their capacity as a Manager without the consent of a Required
Interest. Subject to the Company's reimbursement policies as in effect from time to time, each
Manager shall be reimbursed by the Company for reasonable out-of-pocket expenses incurred by such
Manager in the performance of his duties hereunder as a Manager.
8.6. Meetings of Managers.
.
(a) Meetings of the Managers may be called by any Manager or by the
chairperson, president, or secretary of the Company, ifany. All meetings shall be held upon
four (4) days notice if delivered by mail or forty-eight (48) hours notice (or upon such shorter
notice period if necessary under the circumstances) if delivered personally or by telephone,
telegraph or facsimile transmission. A notice need not specify the purpose of any meeting.
Notice of a meeting need not be given to any Manager who signs a waiver of notice or a
consent to holding the meeting (which waiver or consent need not specify the purpose of the
meeting) or an approval of the minutes thereof: whether before or after the meeting, or who
attends the meeting without protesting, prior to its commencement, the lack of notice to such
Manager. All such waivers, consents and approvals shall be filed with the Company records
or made a part of the minutes of the meeting.
(b) A majority of the Managers present, whether or not a quorum is present, may
adjourn any meeting to another time and place. If the meeting is adjourned for more than
twenty-four (24) hours, notice of any adjournment shall be given prior to the time of the
adjourned meeting to the Managers who are not present at the time of the adjournment.
( c) Meetings of the Managers may be held at any place within or without the State
of Colorado which has been designated in the notice of the meeting or at such place as may
be approved by the Managers. Managers may participate in a meeting through use of
conference telephone or similar communications equipment, so long as all Managers
participating in such meeting can hear one another. Participation in a meeting in such manner
constitutes a presence in person at such meeting.
.
(d) A majority of the Managers constitutes a quorum of the Managers for the
transaction of business and every act or decision done or made by the Managers shall require
the affirmative vote or approval of a majority of the Managers. A meeting at which a quorum
is initially present may continue to transact business notwithstanding the withdrawal of a
5
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.
Manager, if any action taken is approved by at least a majority of the Managers (regardless
of the number of Managers present at such meeting).
(e)
attendance.
A chairman of the meeting shall be selected by a majority of the Managers in
(f) Any action required or permitted to be taken by the Managers may be taken
by the Managers without a meeting if all of the Managers consent in writing to such action.
Such action by written consent shall have the same force and effect as the vote of a majority
of the Managers at a duly called meeting.
(g) Members who are Class B Unitholders shall be entitled to receive upon
request copies of any materials distributed to Managers in connection with meetings of the
Managers, and all drafts of the minutes of such meetings.
8.7. Election of Managers.
.
(a) Number and Appointment. The Company shall also have two Managers,
one of which shall be appointed by Cornerstone and one of which shall be appointed by
Koelbel. Cornerstone shall be the initial Manager appointed by Cornerstone and Koelbel shall
be the initial Manager appointed by Koelbel. The right to appoint a Manager shall be
transferable by Cornerstone and/or Koelbel to any transferee of Units by Cornerstone and/or
Koelbel in accordance with the provisions of Article 13 of this Agreement. Managers serving
hereunder need not be a Member of the Company.
(b) Resignation. Any Manager may resign at any time by giving written notice
to the Company and the remaining Managers without prejudice to the rights, if any, of the
Company under any contract to which the Manager is a party. The resignation of any
Manager shall take effect upon receipt of the notice or at such later time as shall be specified
in the notice. Unless otherwise specified in the notice, the acceptance of the resignation shall
not be necessary to make it effective. The resignation of a Manager who is also a Member
shall not affect the Manager's rights as a Member and shall not constitute a withdrawal of a
Member.
(c) Removal. Any Manager may be removed at any time, with or without cause,
by the Member appointing such Manager. Any removal shall be without prejudice to the
rights, if any, of the Manager under any employment contract and, if the Manager is also a
Member, shall not affect the Manager's rights as a Member or constitute a withdrawal of a
Member.
(d) Vacancies. If a Manager appointed by one of the Class A Members should
cease to act as a Manager for any reason, the Class A Member originally appointing such
Manager shall have the right to designate such Manager's replacement.
.
6
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.
8.8. Officers.
(a) The Managers may, from time to time, designate one or more Persons (some
or all of whom may be Members or Managers) to be officers of the Company. No officer need
be a resident of the State of Colorado, a Member, or a Manager. Any officers so designated
shall have such authority and perform such duties as the Manager may, from time to time,
delegate to them. The Manager may assign titles to particular officers. Unless the Managers
decide otherwise, the officers appointed in accordance herewith shall have primary
responsibility for the day-to-day business and affairs of the Company and if such officers are
assigned titles commonly used for officers of a business corporation formed under the
Colorado Business Corporation Act (or any successor statute thereto), the assignment of such
title shall constitute the delegation to such officer of the authority and duties that are normally
associated with that office, subject to any specific delegation of authority and duties made to
such officer by the Managers and subject to all standards of care and restrictions applicable
to the Members and the Managers hereunder. Each officer shall hold office until his successor
shall be duly designated and shall qualified or until his earlier death, resignation or removal in
accordance herewith. Any number of offices may be held by the same Person. The salaries
or other compensation, if any, of the officers and agents of the Company shall be fixed from
time to time by the Managers.
.
(b) Any officer may resign as such at any time. Such resignation shall be made
in writing and shall take effect at the time specified therein, or if no time be specified, at the
time of its receipt by the Managers. The acceptance of a resignation shall not be necessary
to make it effective, unless expressly so provided in the resignation. Any officer may be
removed as such, either with or without cause, by the Managers whenever in their judgment
the best interests of the Company will be served thereby; provided, however, that such
removal shall be without prejudice to the contract rights, if any, of the Person so removed.
Any vacancy occurring in any office of the Company (other than a position as Manager) may
be filled by the Managers.
.
7
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.
.
.
IN WITNESS WHEREOF, the parties have executed and adopted this Agreement as of
the date first set forth above.
CORNERSTONE WINTER PARK
HOLDINGSLLC
By:
Name:
Title:
KOELBEL WINTER PARK, LLC
By:
Name:
Title:
GGW LAND HOLDINGS LLC
By:
Name:
Title:
B
,JUL-21-1999 15:19
SOLOMON PEARL BLUM QlJ I NN
~ t::U~ bb::>,j t'" . lab'd:I
'2..'7
~
Recorded at
.tion No.
When recorded, return to:
o'clock ~ M..
Recorder.
Solomon Pearl Blwn & Quinn LLP
Attn: Thomas F. Quinn, Esq.
1700 Broadway, Suite 1820
Denver, CO 80290
SPECIAL WARRANTY DEED
THIS DEED. made this _ day of July, 1999 between:
MARYV ALE LLC. a Colorado limited liability company
BENTLEY INVESTMENTS. LTD., whose legal address is P.O. Box 621884,
Littleton, Colorado. 80162. of the County of Arapahoe. State of Colorado;
THOMAS E. ADAMS. whose legal address is 1705 14lb Street, #203. Boulder.
Colorado 80302, of the County of Boulder. State of Colorado;
CASTLE HILL CORPORATION. whose legal address is 10756 E. Virginia
eue, Aurora, Colroado 80012, of the County of Arapahoe, State of Colorado;
DAUlT S. NANDA, whose legal address is 9777 S. Yosemite, Suite 120, Littleton, Colorado 80124, of the County of
Douglas, State of Colorado;
BRIALl LI..C, whose legal address is 443 S. Gaylord, Denver, Colorado 80209. of the City and County of Denver, State
of Colorado;
DUANE A. DUFFY. whose legal address is 4550 Tule Lake Dr., Littleton, Colorado 80123, of the County of Arapahoe,
State of Colorado;
GLENN E. DUFFY, whose legal address is 607 W. 6th Street, Ft Lauderdale, Florida 33315, of the County of
, State of Florida;
E. RICK WATROUS, whose legal address is 12664 W. Buckhorn Rd., Littleton, Colorado 80127, of the County of
Jefferson. State of Colorado;
DONALD E. MIELKE, whose legal address is 7037 S. Miller Ct., Littleton, Colorado 80127, of the COWlty of Jefferson,
State of Colorado; and
KEVIN L. EHLERS, whose legal address is 11726 Pr~ntice Dr., Littleton, Colorado 80127. of the County of Jefferson.
State of Colorado.
.CIActlve\60064.000\DeedS\LandoDeed-27.002.wpd
8, 1999
Received Time
Jul. 21. 3:08PM
Print Time
Ju1.21. 3:19PM
ýÿ
~ JUL-21-1999 15:19
SOLOMON PEARL BLUM l.IU 1 NN
~~ ts..)c! bb::>~ t"' . ro" ( / c!lO
as their respective interests may appear, (collectively, the Grantors). and Maryvale Village ILC. a Colorado limited liability
eany. whose mailing address is c/oKoelbelWinterPark,LLC.5291 Yale Circle, Denver, CO 80222 (Grantee).
WHEREAS, Grantors are the owners of the real property described below and has full power and authority to convey such
property to Grantees.
WITNESS, that the Grantors, for and in consideration of the sum ofTEN DOLLARS. the receipt and sufficiency of which
is hereby acknowledged, have granted. bargained, sold and conveyed, and by these presents do grant, bargain, sell. convey and
confinn unto the Grantees. and their respective successors and assigns forever, all the real property. together with improvements,
if any, situate, lyiJ'lg and being in the County of Grand, State of Colorado, descnbed as follows:
the real properties whose legal descriptions are set forth on Exhibit A. attached
hereto and incorporated herein by reference,
to the Grantee
also known by street and number as: N/A
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, the reversion and reversions. remainder and remainders, rents, issues and profits thereof, and all the
estate, right, title, interest, claim and demand whatsoever of the Grantors, either in law or equity, of, in and to the
above bargained premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and descnbed with the appurtenances.
E e Grantees. and their respective heirs, successors and assigns forever. The Grantors, forthemselves. their
sors and assigns does covenant and agree that they shall and will WARRANT AND FOREVER DEFEND
above-bargained premises in the quiet and peaceable possession of the Grantee, its heirs, successors and
assigns, against all and every person or persons claiming the whole or any part thereo~ by, through or under the
grantors. The singular number shall include the plural. the plural the singular. and the use of any gender shall be
applicable to all genders.
IN WITNESS WHEREOF, the grantors have executed this deed, effective the day and year first above
written.
MARYV ALE LLC,
a Colorado limited liability company
By:
E. Rick Watrous, anager
3333 S. Wadsworth Blvd., #207
Lakewood, Co orado 80227
By:
.
2
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ýÿ
JWL-21-1999 15:20
SOLOMON PEARL BLUM QlJ 1 NN
~..) t::I.)~ bbJ";' r. lUl:J" Ct:J
.
STATEOFCOLORADO )
) 5S.
COUNTY OF ARAP ARon )
The foregoing instrument was acknowledged before me thiB:2L. sly of July, 1999 by E. Rick
Watrous and Richard F. Nipert as the Managers ofMARYV ALE LLC, a Colorado limited liability company.
Witness my hand and official seal.
')
~a_R&'~
bUc U .
.
Castle Hill Corporation
BY:~4C.c ~
Name: Sohrab Amini, Vice President
B;y):~
~lt . an a, In Vi U y, Y
Richard F. Nipert, his attorney-in-fact
Briali LLC, a Colorado limited liability
company
.
G enn E. Duffy, individu
by Duane A. Duffy,
~~d:tM~))M
E. Rick Watrous, individually
~~
Donald E. Mielke, individually
3
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JUL-~1-1~~~ l~;~~
\
,:)UI-"'-II.IUI... rc.rv'~ &.n-UlI UlUj,''''
.
~ ;I f1h
Kevin L. Ehlers, individually
Bentley Investments, Ltd.
Thomas E. Adams, individ y,
Duane A. Duffy, his attorney-in a
ST ATE OF COLORADO )
)ss
COUNTY OF ARAPAHOE )
AThc forcgoing was signed and acknowledged before me this CJ ,sf day of July 1999, by
Du~A. Duffy, individually; Castle Hill Corporation, by Sohrab Amini ..Vice President.; Baljit
S. Nanda, by Richard F. Nipert, his attorney-in-fact; Briali LLC by Richard F. Nipert, Manager;
Glenn E. Duffy, individually, by Duane A. Duffy, his attorney-in-fact; E. Rick Watrous,
individually; Donald E. Mielke, individually; Kevin L. Ehlers, individually; Bentley Investments,
Ltd., by Kevin L. Ehlers, attorney-in-fact, and Thomas E. Adams, individually, by Duane A. Duffy,
his attorney-in-fact.
Witness my hand and official seal.
My conunission expires: .3 A-k Oc;)
/ ,
~~~~
.
4
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JUL-21-1~~~ 1~:~~
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~ULUlYIUN I"'CHKl.. J:lLUI'1 b1UlI'IJ't
-..)l:J..J Q..J.c. OC..J.... r. .L~.c.t:I
PARCEL A:
Exhibit A to Special Warranty Deed from
Memben of MaryvaJe LLc to
Marvvale Villaee LLC
Real Property Description'
A parcel of land located in the South one-half of the South one-half
(51/2S1/2) of Section 20, the Souch one-half of the Southwesc
ene-quarter (Sl/2SWl/4) of Section 21, Section 28 and Section 29 all
in Township 1 South, Range 1S West of the Six~h Principal Meridian,
County of Grand, State of Colorado, more particularly described as
follows:
~
That porcion ot the Southwest on~-quarter of the Souchwest one-quarter
(SWl/4SWll~) of said Secd.on 20 lying Northerly and Easterly.of the
Southern Pacific Railroad r1ght ot .\l~Y; .'
Together with tha~ por~ion of the Southeast one-quarter of the
. Southwest one-quarter (SEl/tSW1/4) of said Section 20 lying Southerly
and Westerly of Highway No. 40; ,'-
Together \lith the South one-half of the Southeas~ one-quarter
(Sl/2SE1/4) of said Section 20;
Together with the South one-half of the Southwest one-quarter
(Sl/2SW1/4) of Section 21;
Together with ~he Northeast one-quarter (NEl/4) of said Section 2S;
Together with the No~th one-half of the' Southeast one-quarte~
(Nl/2SE1/4) of said Sec~ion 28;
Together with that portion of the Northwest one-quarter o~ the
Southwest one-quarter (NWl/4SWl/4) of said Se:tion 28 ly~ng Northerly
of tne right or way of K1ngs crossing Ro~d as described on a Land
Survey Plat recorded at Reception No. "007&15;
']'ogecher with that portion of 'the Southwest one-quart:er of 'the
SOuthwesc one-quarcer (SHl/4SW1/~) of said Section 28 lying Northerly
of said right of way of Kings Crossing Road, be th~re any;
Together wi~h the Northwest one-quarter (Nw~/,) of said Section 28;
Together with the Northeast. one'-quarter (NEl/4) ~.9t,.sa.id Sect.ion 29 i
Together with chose portions of the Southeaat 9ne.~uarter (SE1/4) of
said Section 29 as described as Parcel 3. and PArcel 4 ~C Reception No.
97002916:
Together with chat portion of .the North one-half of th~ Northwest
one-quarter (Nl/2N~1/4) of said Section 29 lying Northerly and
Easterly of the Southern Pacific Railroad right of way 1
~ogether with the South one-half of the Sou~hwest on~-quarter
(Sl/2SW1/4) of said Saction 29;
Together with thac portion of Northeast one-quarter of the Southeasc
one-quarcer (NE1/4SE1/4) ot Section 29 lying Norcherly and Eascerly of
the Southern Pacific Railroad right of way;
-.. ...
......~
Except the right of way for Highway No. 40;
Excepc the right of way for Souch~rn Pacific Railroad;
Except the trace of land conveyed by Regis-Maryvale, Inc. to the East
(Continued) .
. Exhibit A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1 of2
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Jul. 21. 3:18PM
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J~-21-1999 15:21
~Ul'1UN r-~ DL.Un U1U1I'U"
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Exhibit A, continued:
.
.
Grand Fire P:oteccion District by inscrument recorded November 8.
1982, in Book 318 at Page 649 in the Office of the Grand County Clerk
and Recorder:
Excep~ the tract of land conveyed by Regis-Maryvale, Inc. to the Grand
County Wacer and Sanitation District No. 1 by instrument recorded July
26, 1983, in BOOK ~~2 Be Page '77,
Except the trace of land conveyed by Regis-Maryvale, Inc. to the Town
of Fraser by Warranty 'Deed recorded November S, 1987, in Book '27 at
Page 601; . .
Except thae parcel of land known as Tract .A~, Regis-Maryvale. Inc. a
Subdivision Exempcion as recorded ae. Reception No. 280227,
~xcept the right of way of that County R~a4 known as "Forest Trail" as
recorded in Book 222 DC ,Page 248 J
i::.tcept the r.ight pf. 'fIr-y' of thae. County Road knOll" &S 'uOld. King Road II
as recorded at File' Number 0080, '. ,-
Except chac five (5) acre .c=act pf land conveyed by Haryvale, LLC co
the Church recorded June 29, 1'98 at. ReCeption No. 9a0069Sl,
Except that tract of land known as -Maryvale Planning Area No. 6U a
Subdivision Exemption, ,
Excepc that trace of land known as -King's Crossing Solar Townhomesd
as reco~ded at' Reception No. 177402 and
Except thacparcel of lan~ aescribed as an exception parcel in Book
442 at Page 6~7.
PARCEL B:
Tha~ cercain crace or parcel of land consisclng of a portion of the ~:
Southeast one-quarter Southeasc one-quarter (SE1/4Sel/~) of Section
29, Tounship 1 South, Range 75 West of thel6th P.M., described as
follows:
~
Beginnlng at eha.Southwest corner of chat certain trace or parcel of
land conveyed to one Wm. L.. Herlinger by deed recorded September 28,
192~ and n9w appearing 9! record, in the Recorder's Offices of the
County of Grand and State of Coloradp in BOok 73 at page 505; thence
South a distance of 100 teec; thence at ri9ht angles Lase. 200 feet:
thence at right angles North 100 fe~t,. thence at right angles West 200
feet co the place of beginning.
Except those parcels described on Exhibit B (Smith Parcel), Exhibit C (Hoover Parcel)Exhibit D
(Berry Parcel) and an undivided 20% interest in the real property described on Exhibit E (Sheets
Interest).
_xhibit A
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . ..
Page 2 of2
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Exhibit B to Special Warranty Deed from
Members of Maryvale LLC to
Maryvale Village LLC
Smith Parcel
PARCEL A:
That portion of the SE1I4SWl/4, Section 20, Township 1 South, Range 75 West of the 6th P.~I. lying
SCluth and West of the right-of-w:lY of U.S. Highway 40, as established by Deed from Frank J. Johns to
th~ Dep:lrtment of Highways, SeHe of Colorado, recorded April 12, 1978, in Book 244 at Page is;
A~'D
That portion of the NW1I4, Section 29, Township 1 South, lUnge 75 West of the 6th P.~L lying North
and' East of the right~f-war of the Denver and Rio Gr..tnde Western Rajlw~tt
EXCEPT that portion of th~ SE 1I4SW1I4 of said Section 20 described as follows:
Commencing at the Northwest corner of the SElI4SW1l4 of said Section 20; thence South 00 de<~rees 13
minutes 17 seconds East along the West line of the SE1I4SW1l4 of said Section 20 a distance of 582. il
feet to the TRUE POINT OF BEGt'\7\'lNG; thence North 89 dt:'Jrees 46 minutes 33 seconds East .333.77
feet; thence South 00 de<.;rees 13 minutes 21 seconds East par-ollie! with the West line of the the
SE1I4SW1I4 of said Section 20 a distance of 651.55 feet; thence Suuth 89 de<Jrees 46 minutes 33 seconds
West .333.77 feet to. the \Vest line uf the SE1I4$W1I4 of s:lid Section 20; thence North 00 de-.;rees 13
minutes 27 seconds West alnn:,: the West line of the SE1I4S\\'I/4 uf suid Seetiun 10 a distance of 652.55
feet tu the TRUE POINT OF BEGl'''NL~~.
County of Grand,
St:Jte of Color:Jdn.
Exhibit B
. . . . . . . . . . . . . . Page 1 of 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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I' -.
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.
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Exhibit C to Special Warranty Deed from
Members of Maryvale LLC to
Maryvale Village LLC
Hoover Parcel
LEGAL DESCRIPTION
That certain tract or parcel of land consisting of a portion of the
Southeast one-quarter Southeast one-quarter (SE1/1SE1/4) of Section:
29, Township 1 South, Range 75 West of the 6th P.M., described as
follows:
Beginning at the Southwest corner of that certain tract or parcel of
land conveyed to one Wm. L. Herlinger by deed recorded September 28,
1929 and now appearing of record in the Recorder's Offices of the
County of Grand and State of Colorado in Book 73 at Pag~50S; thence
South a distance of 100 feeti thence at right angles East 200 feeti
thence at right angles North 100 feeti thence at right angles West 200
feet to the place of beginning.
....
County of Grand
State of Colorado
Exhibit C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page I of I
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Exhibit D to Special Warranty Deed from
Members of Maryvale LLC to
Maryvale Village LLC
Berry Parcel
A tract or parcel of land out of the SE~SE~. Section 29. Township 1
South. Range 75 West of the 6th P.M.. more particularly described by
mete and bounds survey notes as follows:
Begi nni ng at the NE Corner of the tract at a poi nt on the North
boundary line of said SE~SE~. of Section 29. whence the one quarter
section corner between Sections'28 and 29. Township 1 South. Range 75
West of the 6th P.M. bears North 28022' East 1501 feet more or less and
running thence West 200 feet to the NW Corner. thence South 100 feet to
the SW Corner. thence East 200' feet to the SE Corner. thence North 100
f~! to the NE Corner and place of beginning. True course used. Var.
~o East.
County of Grand.
State of Colorado
.
Exhibit D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1 of 1
.
.
.
i-
...
ALL OF THE NORTHEAST QUARTER ,OF THE SOUTHEAST QUARTER OF
SECTION 29. TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO LYING
NORTHEASTERLY OF THE DENVER AND RIO GRANDE WESTERN RAILROAD
RIGHT-OF-WAY (CURRENTLY OWNED BY SOUTHERN PACIFIC LINES) EXCEPT
THAT TRACT CONVEYED TO LELAH M. VENABLE AND HENRY J. KING
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER
OF THE SOUTHEAST QUARTER AND RUNNING THENce NORTHERLY ALONG
THE EAST LINE OF SAID SUBDIVISION FOR 315 FEET; THENCE WESTERLY
PARALLEL TO THE SOUTH LINE OF SAID SUBDIVISION FOR 176 FEET; THENCE
S 02020'00" E FOR 145.3 FEET; THENCE S 51440'00" WEST FOR 97.5 FEET TO
THE EAST RIGHT-OF-WAY LINE OF THE DENVER AND RIO GRANDE WESTERN
RAILROAD; THENCE SOUTHEASTERLY ON A 08000'00" CURVE FOR 142 FEET
MORE OR LESS TO THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER AND THENCE EASTERLY ALONG SAID SOUTH LINE OF
SAID SUBDIVISION FOR 154.7 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS AN AREA OF 12.17 ACRES, MORE OR LESS.
Exhibit E.......................................................... Page 1 of 1
. JUL-21-1999 15:21
SOLOMON ~ tlLUM ~U1NN
~ ~,cco~ r.~~/~~
L'6
.
Recorded at o'clock _ M.,
.ption No.
When recorded, return to:
Recorder.
Solomon Pearl Blum & Quinn LLP
Attn: Thomas F. Quinn, Esq.
1700 Broadway, Suite 1820
Denver, CO 80290
SPECIAL WARRANTY DEED
Tms DEED, made this _ day of July, 1999 between:
MARYV ALE LLC, a Colorado limited liability company
BENTLEY INVESTMENTS, LTD., whose legal address is P.O. Box 621884,
Littleton, Colorado, 80162, of the County of Arapahoe, State of Colorado;
THOMAS E. ADAMS, whose legal address is 1705 14* Street, #203, Boulder,
Colorado 80302, of the County of Boulder, State of Colorado;
CASTLE HILL CORPORATION, whose legal address is 10756 E. Virginia
eue, Aurora, Colroooo 80012, of the County of Arapahoe, State of Colorado;
BAUlT S. NANDA, whose legal address is 9777 S. Yosemite, Suite 120, Littleton, Colorado 80124, of the County of
Douglas, State of Colorado;
BRIALI LLC, whose legal address is 443 S. Gaylord, Denver, Colorado 80209, of the City and County of Denver, State
of Colorado;
DUANE A. DUFFY, whose legal address is 4550 Tule Lake Dr., Littleton, Colorado 80123, of the County of Arapahoe,
State of Colorado;
GLENN E. DUFFY, whose legal address is 607 W. 6* Street, Ft. Lauderdale, Florida 33315, of the County of
. State of Florida;
E. RICK WATROUS, whose legal address is 12664 W. Buckhorn Rd., Littleton, Colorado 80127, of the County of
Jefferson, State of Colorado;
DONALD E. MIELKE, whose legal address is 7037 S. Miller Ct., Littleton, Colorado 80127. of the County of Jefferson,
State of Colorado; and
KEVIN L EHLERS, whose legal address is 11726 Prentice Dr., Littleton, Colorado 80127, of the County of Jefferson,
State of Colorado,
.\Aclive\60064.000IDeeds\Land-Deed-2ao002.wpd
. .1999
Received Time
Ju l. 21. 3: 08PM
Print Time
Jul.21. 3:18PM
. JUL-21-1999 15:22
SOLOMON PCHI-<L J:LUM 6IU 1 NN
~ W.::: bb:>~ t-'. 1.Y d:J
as their respective interests may appear, (collectively, the Grantors), and Maryvale Village LLC, a Colorado limited liability
ceny, whose mailing address is c/o KoelbelWmterPark,LLC, 5291 Yale Circle. Denver. CO 80222 (Grantee).
WHEREAS, Grantors are the owners of the real property descnbed below and have full power and authority to convey
such property to Grantees.
WITNESS, that the Grantors, for and in consideration of the sum ofTEN DOLLARS, the receipt and sufficiency of which
is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant. bargain, sell. convey and
confirm unto the Grantee, and its successors and assigns forever, all the real property, together with improvements, if any, situate,
lying and being in the County of Grand, State of Colorado, descnbed as fol~ows:
the real properties whose legal descriptions are set forth on Exlubits A, B, and
C at+.ached hereto and incorporated herein by reference,
also known by street and number as: N/A
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in
anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof,
and all the estate, right. title, interest, claim and demand whatsoever of the Grantors, either in law or equity, of,
in and to the above bargained premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and descnbed with the appurtenances,
unto the Grantees, and their respective heirs, successors and assigns forever. The Grantors, for themselves, their
successors and assigns does covenant and agree that they shall and will WARRANT AND FOREVER DEFEND
t8>ove-bargained premises in the quiet and peaceable possession of the Grantee, its heirs, successors and
~, against all and every person or persons claiming the whole or any part thereof, by, through or under the
Grantors. The singular number shall include the plural, the plural the singular, and the use of any gender shall be
applicable to all genders.
IN WITNESS WHEREOF, the Grantors have caused theirnames to be hereunder subscribed by its duly
authorized manager, effective the day and year first above written.
MARYV ALE LLC,
a Colorado limited liability company
By:
~t~
E. Rick Watrous, Manager
3333 S. Wadsworth Blvd.. #207
Lakewood, Colorado 80227
~~
1648 Washington Street. #100
Denver, Colorado 80203
By:
.
2
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JUL-21-1~~~ l~;~~
:;)lJl..unUl"t rl:.Mf'L.. UL..U1 I Ul\J.....
eATEOFCOLORADO )
) ss.
COUNTY OF ARAPAHOE )
The foregoing instnunent waS acknowledged before me thi&:2/~ of July, 1999 by B. Rick
Watrous and Richard F. Nipert as the Managers ofMARYV ALE LLC, a Colorado limited liability company.
~~C%--(T
.
Casu. Hill Corporation~
B~ €A
Sohnh om, Vice President
Briali LLC, a Colorado limited liability
Glenn E. Duffy, individu
Duffy, his attomey-in-fac
~.t,(~>-U4
E. Rick Watrous, mdividually
~~
Donald E. Mielke, individually
.
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JUL-21-1999 15:22
SOLUMUN t-'CHt<L J::ILUrJ t.IU INN
~~~ OJ, COjj r.Lj~~~
.
~ :I [/~
Kevin L. Ehlers, individually
Bentley Investments, Ltd.
Thomas E. Adams, individlJ
Duane A.Duffy, his attorn -i
STATE OF COLORADO )
)ss
COUNfY OF ARAP AROE )
The foregoing was signed and aclCnowledged before me this d/~y of July 1999, by
...Iluane A. Duffy, individually; Castle Hill Corporation, by Sohrab Amini, Vice President:;
-.ujit S. Nanda, individually, by Richard F. Nipert, his attorney-in-fact; Briali LLC, by Richard
F. Nipert, Manager; GlelU1 B. Duffy, individually, by Duane A. Duffy, his attorney-in-fact; E.
Rick Watrous, individually; Donald E. Mielke, individually; Kevin L. Ehlers, individually;
Bcntlcy Investments, Ltd., by Kevin L. Ehlers, its attorney-in-fact, and Thomas E. Adams,
individually, by Duane A. Duffy, his attorney-in-fact.
.
4
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Smith Parcel
PARCEL .\:
That portion of the SE1I4SW1l4, St:etion 10, Tuwnship 1 South, Range 75 West of the 6th P.:\t. lying
South and West of the right-of-w:!)' of U.S. Highway 40, as estahlished by Deed from Frank J. Johns to
th~ D~parunent of Hi::hways, Sute of Color:ldo, rt:eorded April 12, 1978, in Book 144 at Page is;
AND
roo-
That portion of the NW1I4, Section 19, Township 1 South, Range 75 West of the 6th P.~t. lying ~orth
and E:lSt of the right-ilf-way of the Denver and Rio Gr.lnde Western Railway;
EXCEPT that portion of the SElI~Wi/4 of said Section 20 described as follows:
Cllmmencin~ at the Northwest corner of the SEII4SW1I4 of said St:Ction 20j thence South 00 de-~rees 13
minutes 27 seconds E:lSt :Jlong the Wtst line of the SE1I4SWI14 of said Section 20 a disl.:1nce of 582. i1
feet to the TRL"E POINT OF BEGL\~lNG; thence North 89 de-Jrees 46 minutes 33 seconds E:lSt 333. ii
fet:t; tha:nce South 00 de-.,;rees 13 minutes 27 seconds E:lSt parJllel with the West line of the the
SElI~S\'i1/4 of said Section 20 a diSt:1nce of 652.55 feet; thence South 89 de-r.:rees 46 minutes 33 seconds
West 333. i7 r~et to the West line Ill' th~ SE1I4SWl!4 of said Sectinn 20j thence North 00 de-,:rees 13
minutes 27 ~cconds West alunt; tha: \rest line of the SE1I4S\\'lN of said Sectiun 10 a distance of 652.55
feel lI) the TRUE POrNT OF BEGl'7\L"~,
C.lUnlY of Grand,
SI:1te ui Culor:1dll.
Exh'b't A . ' . . . . . . . . . . . . , , , . . . . . , . , Page 1 of 1
1 1 . . . . . . . . , . . . . , , . . . . . . . . , , . . . . , . . .
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Hoover Parcel
LEGAL DESCRIPTION
Thae ce~tain tract or parcel of land consisting of a portion of the
Southeast one-quarter Southeast one-quarter (SE1/~SE1/4) of Section'
29, Township 1 South, Range 75 West of the 6th P.M., described as
follows:
~
Beginning at the Southwest corner of that ce~tain tract or parcel of
land conveyed to one Wm. L. Herlinger by deed recorded September 28,
1929 and now appearing of record in the Recorder's Offices of the
County of Grand and State of-Colorado in Book 73 at Page 50S; thence
South a distance of 100 feeti thence at right.angles East 200 feeti
thence at right angles Ncrch 100 feeti thence at right angles West 200
feet to the place of beginning.
....:
County of Grand
State of Colorado
Exhibit B
Page 1 of 1
.
Berry Parcel
A tract or parcel of land out of the SE~SE~. Section 29. Township 1
South. Range 75 West of the 6th P.M.. more particularly described by
mete and bounds survey notes as follows:
Begi nni ng at the NE Corner of the tract at a poi nt on the North
boundary line of said SE~SE~. of Section 29. whence the one quarter
section corner between Sections'28 and 29. Township 1 South. Range 75
West of the 6th P.M. bears North 28n22' East 1501 feet more or less and
running thence West 200 feet to the NW,Corner. thence South 100 feet to
the SW Corner. thence East 200. feet to the SE Corner. thence North 100
feet to the NE Corner and place of beginning. True course used. Var.
.:" East.
County of Grand.
State of Colorado
. Exhibit C . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1 of I
'. .JUL--~.I.-.I.::1::1::1
.I.~'~O
.oJUL-U10 1UJ'1 r I:.r-II"- J:JL.U1O' UlU 11 'II 'I
~o....u:..~w
r.t:J~'.L~
IC?
Recorded at
.ption No.
When recorded. return to:
o'clock _ M.,
Recorder.
Solomon Pearl Blum & Quinn LLP
Attn: Thomas F. Quinn, Esq.
1700 Broadway, Suite 1820
Denver. CO 80290
SPECIAL WARRANTY DEED
Tms DEED. made tlili?~y of July, 1999 between
KEVIN L. Em.ERS. whose legal address is 11726 Prentice Dr.. Littleton, Colorado
80127. of the County of Jefferson, State of Colorado;
E. RICK WATROUS. whose legal address is 12664 W. Buckhorn Rd.. Littleton,
Colorado 80127. of the County of Jefferson, State of Colorado;
RICHARD F. NIPERT, an individual whose address is 1648 Washington Street,
#100, Denver, Colorado 80203 of the City and County of Denver. State of Colorado;
_ DONALD E. MIELKE, whose legal address is 7037 South Miller Court, Littleton,
""rado. of the County of Arapahoe, State of Colorado;
DUANE A. DUFFY, whose legal address is 4550 Tule Lake Dr.. Littleton, Colorado 80123. of the County of Arapahoe.
State of Colorado;
GARY R. DANI, whose legal address is clo Richard F. Nipert, 1648 Washington Street, #100, Denver. Colorado 80203
of the City and County of Denver, State of Colorado;
PREET SINGH, whose legal address is c/o Richard F. Nipert, 1648 Washington Street, #100. Denver. Colorado 80203
of the City and County of Denver. State of Colorado;
JUDITH K. ELLIOIT. whose legal address is clo E. Rick Watrous. 12664 W. Buckhorn Rd. Littleton. Colorado 80127,.
of the County of Jefferson, State of Colorado; and
LARRY DUS, whose legal address is 10756 East Virginia Avenue, Aurora, Colorado 80012. of the County of Arapahoe,
State of Colorado;
as their respective interests may appear, (collectively, the Grantors), and JEFFREY G. SHEETS, an individual, whose
address is 5291 Yale Circle, Denver, Colorado 80222, in ilie City and County of Denver, State of Colorado (the Grantee).
WHEREAS, Grantors are the owners of the real property described below and have full power and authority to convey
such property to Grantee.
\.CtlVe\60064.0CO\DeedS\Land-Oeed-16.003.wpd . 0 . . . . . . . . . . . . . . . . . . . . . . . . .. Page 1 of 3
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-1 JUL-~l-l~~~ 14.4b
::lULUI'IUI'I r"CHrCL J:lL..UI'I l>IUll'll~
~ o...JG OC~~ r . t:J~ .L~
WITNESS. that the Grantors. for and in consideration of the sum ofTEN DOLLARS. the receipt and sufficiency of which
.reby acknowledged, have granted, bargained. sold and conveyed, and by these presents do grant, bargain. sell. convey and
rm unto the Grantee. and his heirs. successors and assigns forever. all the real property. together with improvements. if any.
situate. lying and being in the County of Grand, State of Colorado. described as follows:
an undivided 20% interest in the real properties whose legal descriptions are set
forth on Exlubit A, attached hereto and incorporated herein by reference,
also mown by street and number as: NlA
assessor's schedule or parcel number: 1036782 R
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging. or in anywise appertaining,
the reversion and reversions. remainder and remainders, rents. issues and profits thereof. and all the estate, right, title, interest, claim
and demand whatsoever of the Grantors. either in law or equity. of. in and to the above bargained premises. with the hereditaments
and appurtenances; .
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances. unto the Grantee,
and his heirs, successors and assigns forever. The Grantors. for themelves. their heirs successors and assigns do covenant and
agree that they shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable
possession of the Grantee, his heirs. successors and assigns. against all and every person or persons claiming the whole or any part
thereof, by. through or under the Grantors. The singular number shall include the plural. the plural the singular, and the use of any
gender shall be applicable to all genders.
IN WITNESS WHEREOF, the grantors have caused their names to be hereunder subscnbed effective the day and year
first above written.
· ~L~
Kevin L. Ehlers
ECM(,L~
/;;}~
RichardF. Nipert
~~
Donald E. Mielke
( Gary R. Dani
.
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Jul. 21. 2:36PM
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..
~U~-'A-AJJJ ~~.~U
...J\..IL-'-IIC\..I>" . ......'-- _"-""", __......
.
~s.0
Jd~ ;;i CI~
Judith K. Elliott. by her attorney-in-fact.
Kevin L. Ehlers
fJu~ ~
/Larry Dus. by his attorney-in-fact,
Sohrab Amini
STATE OF COLORADO
)
)ss
)
COUNTY OF ARAPAHOE
The foregoing was signed and acknowledged before me this ~y of July 1999. by Kevin L. Ehlers. individually;
E. Rick Watrous. individually; Richard F. Nipert. individually; Donald E. Mielke. individually; Duane A. Duffy, individually;
Gary R. Dani. individually. Preet Singh, individually; Judith K.. Elliott by Kevin L. Ehlers. her attorney-in-fact, and Larry
Dus, by Sohrab Amini, his attorney in fact
~~
" - Public (/ .
.
.31.~koo
, /
\.\ActlVe\60064.00o\DeedS\Land-Oeed-16.00J.WPd . . . . . _ . . . . . . . . . . . . . . . . .
Page 3 of 3
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1.
ALL OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 29. TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE SIXTH PRINCIPAL
MERIDIAN. COUNTY OF GRAND, STATE OF COLORADO LYING
NORTHEASTERLY OF THE DENVER AND RIO GRANDE WESTERN RAILROAD
RIGHT-OF-WAY (CURRENTLY OWNED BY SOUTHERN PACIFIC LINES) EXCEPT
THAT TRACT CONVEYED TO LElAH M. VENABLE AND HENRY J. KING
DESCRIBED A.S FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER
OF THE SOUTHEAST QUARTER AND RUNNING THENce NORTHERLY ALONG
THE EAST LINE Of SAID SUBDIVISION FOR 315 FEET; THENCE WESTERLY
PARAllEL TO THE SOUTH LINE OF SAID SUBDIVISION FOR 176 FEET; THENCE
S 02020'00" E FOR 145.3 FEET: THENCE S 51040'00" WEST FOR 97.5 FEET TO
THE EAST RIGHT-Of-WAY LINE OF THE DENVER AND RIO GRANDE WESTERN
RAILROAD; THENCE SOUTHEASTERLY ON A 08aoo'oo~ CURVE FOR 142 FEET
MORE OR LESS TO THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER AND THENCE EASTERLY ALONG SAID SOUTH LINE OF
SA(D SUBDIVISION FOR 154.7 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS AN AREA OF 12.17 ACRES. MORE OR lESS.
Exhibit A....................................................... Page 1 of 1
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-~ .. JUL-21-1999 15:24
,.
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~UlUMUN I-'CHt<L tLUM UlU 1 NN
~ ~,bbO~ ~.~~/,~
:r-~
.
When recorded, return to:
Solomon Pearl Blum & Quinn LLP
Attn: Thomas F. Quinn, Esq.
1700 Broadway, Suite 1820
Denver, CO 80290
QUITCLAIM DEED
Maryvale LLC, a Colorado limited liability company ("Grantor'') whose street address is c/o
Richard F. Nipert, 1648 Washington Street, Denver, Colorado 80203, for the consideration ofTen
Dollars and other good and valuable consideration, in hand paid, hereby quitclaims to Maryvale
Village LLC, a Colorado limited liability company, whose street address is c/o Koelbel Winter Park,
LLC, 5291 Yale Circle, Denver, CO 80222 (Grantee), all water and water rights owned by Grantor,
including, but not limited to those interests set forth on Exhibit A attached hereto and incorporated
herein by this reference.
Signed thiv/s&y of July, 1999.
Maryvale LLC, a Colorado limited
Hab~__ _
By: ~
Richard F. Nipert, Manager
By:
E. Rick Watrous, Manager
ST ATE OF COLORADO
)
)ss
)
COUNTY OF ARAPAHOE
The foregoing was signed and acknowledged before me this ~~y of July 1999, by
Richard F. Nipert and E. Rick Watrous as Managers ofMaryvale LLC, a Colorado limited liability
company.
Witness my hand and official seal.
#.!YnrJ
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Jul. 21. 3:08PM
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Jul.21. 3:16PM
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Exhibit A
WATER RIGHTS
Any and all water rights. water resources. entitlements. structures and structure rights, shares in
Colorado mutual or carrier ditch companies (by assignment as well as quit claim conveyance).wells.
monitoring holes, and well permits owned by the Grantor, including, but not by way oflimitation,
the following specifically described water rights:
1. The Cozens Ditch and watertight, as decreed in Civil Action No. 112, Grand County District
Court (in former Water District No. 51), with an adjudication date of August II, 1906 and
an appropriation date of the month of October, 1888, in the amount of 3.125 cfs from
Vasquez Creek;
2. The Cozens Ditch, Leland Creek Enlargement, the water right for which was adjudicated in
Case No. W-462, Water Division No. 5, witb an adjudication date of August 23, 1973, and
an appropriation date of October, 1888, in the amount of2.875 cfs of water from Leland
Creek;
3. Maryvale Reservoir original constIUction and water right, as decreed in Case No. W-462,
Water Division No. S, with an adjudication date of August 24, 1913, and an appropriation
date of September 12, 1958, in the amountof32.58 acre feet from the Fraser River. together
with the Maryvale Reservoir Enlargement and all detention reservoirs referred to in the Plan
for Augmentation, Case No. 98CW041, Water Division No.5;
4.
Regis-Maryvale Sewage Effluent Pipeline and Ditch and water right, decreed for 3.0 cfs in
Case No. 82CW418, Water Division No. 5, with an adjudication date of June 25.1986, and
appropriation date of December IS, 1982;
5. The Lease Agreement by and between the Town of Fraser and Regis-Maxyvale, Inc., dated
July 10, 1989, for 65 acre feet from the Middle Park Water Conservancy District's contract
for water produced by the Windy Gap Project;
6. The Plan for Augmentation decreed in Case No. 86CW258, as Amended by Decree dated
April 6, 1999 in Case No. 98CW041, Water Division No.5, together with all water rights
involved in or associated with such augmentation plan, which benefits the same or which are
benefitted thereby, in any way;
7. Water rights awarded in that certain decree entered in Case No. 90CW235 on June 8, 1995
by the District Court in and for Water Division No.5 with a date of appropriation of August
1, 1989. together with all water and water rights which are used or are to be used therein, are
associated therewith, are appurtenant thereto, or are benefitted thereby
TOGETHER with all associated diversion facilities, ditches, reseIVoirs and other structures and
rights of way and easements used in connection therewith or appurtenant thereto.
. \\TFQ\C\Active\60064.000\Deeds\ Water_ Deed-30.002. wpd
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J~-21-1999 15:23
SOLOMON PEARL BLur., l>IU 1 NN
~.) OJ':: 00..1..1
r. .1o....,c;u
L1
When recorded, return to:
. Solomon Pearl Blwn & Quinn LLP
Attn: Thomas F. Quinn, Esq.
1700 Broadway, Suite 1820
Denver, CO 80290
QUITCLAIM DEED.
The undersigned parties ("Grantors'') whose strcct address is c/o Richard F. Nipert, 1648
Washington Street, Denver, Colorado 80203, for the consideration ofTen Dollars and other good
and valuable consideration, in hand paid, hereby quitclaim to Maryvale Village LLC, a Colorado
limited liability company, whose street address is c/o Koelbel Winter Park, LLC, 5291 Yale Circle,
Denver, CO 80222 (Grantee) all water and water rights owned by Grantors which are associated
with or appurtenant to the real property described in Exhibit A attached hereto and incorporated
herein by this reference, including, but not limited to those interests set forth on Exhibit B attached
hereto and incorporated herein by this reference.
Signed this _ day of July, 1999.
.
Castle Hill Corporation
Br~~
So Ami', Vice resident
Baljit S. anda,' aividualIy, by
Richard F. Nipert, his attorney-in-fact
liabilily
Glenn E. Duffy, individu
by D A. Duffy, his attorney .
.
Received Time
Jul. 21. 3:08PM
Print Time
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JUL-21-1993 15:23
SOLOMON PEARL BLUM t>IU 1 NN
~..) o.....c:. DD~-t .. .L r , c.u
Donald E. Mielke, individually
~ :/dJcr
Kevin L. Ehlers, individually
Bentley Investments, Ltd.
By: jj~;t ttL
.
Kevin L. Ehlers, its Attorney-in-fact
Thomas E. Adams, indivi a ,
Duane A. Duffy, his attomey-in- act
Maryvale LLC, a Colorado limited
liabilit p y
STATE OF COLORADO
)
)ss
)
COUNTY OF ARAPAHOE
The foregoing was signed and acknowledged before me this ~/~ay of July 1999, by
Duane A. Duffy, individually; Castle Hill Corporation, by Sohrab Amini, Vice President "; Baljit
S. Nanda, individually, by Richard F. Nipert, his attorney-in-fact; Briali LLC , by Richard F. Nipert,
Manager; Glenn E. Duffy, individually, by Duane A. Duffy, his attorney-in-fact; E. Rick Watrous,
individually; Donald E. Mielke, individually; Kevin L. Ehlers, individually; Bentley Investments,
Ltd., by Kevin L. Ehlers, its attorney-in-fact, Thomas E. Adams, individually, by Duane A. Duffy,
his attorney-in-fact, and Maryvale LLC, a Colorado limited liability company, by E. Rick Watrous
and Richard F. Nipert as Managers.
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Jul. 21. 3:08PM
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.
.
A parcel of land located in the South one-half af the South one-half
(51/2S1/2) of Sectidn 20, the Souch one-half of the Southwest
ene-quarter (Sl/2SWl/t) of Section 21, Section 28 and Seccion 29 all
in Township 1 South, Range 7S West of the Sixth Principal Meridian,
County of Grand, State of Colorado, more particularly described as
follows:
..,
Tha~ portion oi the South~est on~-quarter of the Southwest one-quarter
(SW1/.SW1/4) of said Sec:ion 20 lying Northerly and Easterly.of the
Southern Pacific ~ailroad rlght ot .w"y; ..
Together with tha~ portion of ~he Southeast one-quarter of the
. Southwest one-quarter (SE1/tSW1/4) of said Section 20 lying Southerly
and Westerly of Highway No. 40; .'-
Together with the South one-half of the Southeas~ one-quarter
(Sl/2SE1/4) of said Section 20;
Together with the South one-half of the Souchwest one-quarter
(Sl/2SW1/4) of Section 21;
Together with che Nor~heast one-qua~ter (NE1/41 of said Section 28;
Together with the No~th one-half of the. Southeast one-quarter
(Nl/2SE1/4) of said Section 28;
Toge~her with that porcion of the Northwest one-quarce~ o~ the
South~est one-quarter (NW1/4SW1/~) of said Seccion 28 ly~ng Norcherly
of the right ot way of Kings Crossing Ro~d as described on a Land
Survey Plat recorded at Reception No. '6007&15;
"ogecher with that portion of che Southwest one-quarter of I:he
Southwest one-quarter CSW1/4SW1/() of said Seccion 28 lying Norcherly
of said right of way of Kings Crossing Road, be th~re any;
Together with the Northwest one-quarter (NW1/4) of said Section 28;
Together with the Northeast. one~quarcer (NE1/4)_9~~~aid Sec~ion 29;
Together with ~hose portions ot the Southeast 9n~~uarcer (SE1/4) of
said Sac~ion 29 as described as Parcel J.and Parcel ~ ~c Reception No.
97002916: .
Tcgether with that portion of .the North one-h~lt of th~ North~est
one-quarter (Nl/2N~1/() of said Section 2' lying Northerly and
Easterly of the Southern Pacific Railroad right of. waY1
70gether with the South one-half of the SOUthwest one-quarter
(Sl/2SW1/4) of said Section 2~;
Together with that porcion of Northeast one-quarter of the Southeasc
one-quarter (NE1/4SE1/4) of Seccion 29 lying Norcherly and Eascerly of
~he Sou~hern Pacific Railroad right of way;
'-.:
Excepc the righc of ~ay for Highway No. 40, .
Except che righc of way for South~rn' Pacific Railroad;
txcepc che trace of land conveyed by'Regis-Maryvale, Inc. to the East
. (Continued) .
Exhibit A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1 of 2
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Jul. 21. 3:08PM
Exhibit A, continued:
.
Grand Fire proceccion District by inscrument recorded November a,
1982, in Book 318 at Page 64' in the Office of the Grand county Clerk
and Recorder;
Except the tract of land conveyed by Regis-Maryvale, Inc. to the Grand
County Water and Sanitation District No. 1 by in9trument recorded July
26. 1983, in BOOK 3~2 ae page '77,
~xcepc the trace of land conveyed by Regis-Maryvale. Inc. to the Town
of Fraser by Warranty'Deed recorded November 5, 1987, in Book ~27 ac
Page '01: . .
Except that parcel of land known as Trace ~A~! Regis-Maryvale. Inc. a
Subdivision Exempcion as recorded ae Reception No. 2802271
~xcept the right of way of thae County Roa4 known as "Forest Trail" as
recorded In Book 222 at Jage 248,
Except the r-ight pt. .",ay' of thae County Road knolln as '1I01d. King Road II
as recorded at File' Number 0080., '.'-
Except that five (5) acre ~=act pf land conveyed by Ha~ala. LLC co
the Church recorded June 29, 1'98 at. Recep~ion No. 90006951,
Exce?t that tract of land known as wHaryvale Planning Area No. ~n a
Subdivislon Exemption,
Excep~ that trace of land known as -King'S Crossing Sola~ Townhomes.1
as reco~ded at' Reception No. 177402 and
E~cept that'parcel of land Bescribed as an exception parcel in Book
. '142 at Page '07.
PARCeL B:
That. certain t.race or parcel of land consiSting of a portion of the r.
Southaast one-quart.sr Southsasc one-quarter (SEl/4SE1/~) of Section
29, Tounship 1 South, Range 1S WeSt of the:'th P.M.. described as
follows:
.J.:.
BeginnLng at t.he.Southwest corner of thac certain tract or parcel of
land conveyed to one Wm. L..Herlinger by deed recorded September 28,
192~ and n~w appearing p! record, in ehe Recorder's Offices of the
County of Orand and StAte of Coloradp 1n Book 73 at Page 505i thence
South a distance of 100 teee; thence At riqht. angle9 Last. 200 feet.:
thence ae right angles North 100 fe~t,. thence at right. angles West 200
feet. to the place of beginning.
Except an undivided 20% interest in the real property described on Exhibit A-I.
.hibit A
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
Page 2 of2
Received Time
Jul. 21. 3:08PM
Print Time
Jul. 21. 3: IBPM
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,
ALL OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER Of
SECTION 29, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO LYING
NORTHEASTERLY OF THE DENVER AND RIO GRANDE WESTERN RAILROAD
RIGHT-Of-WAY (CURRENTLY OWNED BY SOUTHERN PACIFIC LINES) EXCEPT
THAT TRACT CONVEYED TO LEU\H M. VENABLE AND HENRY J. KING
DESCRIBED AS FOllOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER
OF THE SOUTHEAST QUARTER AND RUNNING THENce NORTHERLY ALONG
THE EAST LINE OF SAID SUBOIVlSION FOR 315 FEET; THENCE WESTERLY
PARALLEL TO THE SOUTH LINE OF SAID SUBDIVISION FOR 176 FEET; THENCE
S 02020'00" E FOR 145.3 FEET: THENCE S 51040'00" WEST FOR 97.5 FEET TO
THE EAST RIGHT-Of-WAY LINE OF THE DENVER AND RIO GRANDE WESTERN
RAILROAD; THENCE SOUTHEASTERLY ON A oaooo'oo" CURVE fOR 142 FEET
MORE OR LESS TO THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER AND THENCE EASTERLY ALONG SAID SOUTH LINE OF
SAID SUBDIVISION FOR 154.7 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS AN AREA OF 12.17 ACRES, MORE OR LESS.
Exh i bit A -1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1 0 f 1
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Exhibit B
WATER RIGHTS
Any and all water rights. water resources, entitlements. structures and structure rights. shares in
Colorado mutual or carrier ditch companies (by assignment as well as quit claim conveyance). wells.
monitoring holes. and well permits appurtenant to. used in conjunction with or in any way
benefitting the property described in Exhibit "An including. but not by way of limitation, the
'following specifically described water rights:
.
. 4.
1.
The Cozens Ditch and water right, as decreed in Civil Action No. 112. Grand County District
Court (in former Water District No. 51). with an adjudication date of August 11. 1906 and
an appropriation date of the month of October, 1888. in the amount of 3.125 cfs from
Vasquez Creek;
2.
The Cozens Ditch, Leland Creek Enlargement, the water right for which was adjudicated in
Case No. W-462. Water Division No. 5, with an adjudication date of August 23, 1973. and
an appropriation date of October. 1888, in the amount of 2.875 cfs of water from Leland
Creek;
3.
Maryvale Reservoir original construction and water right, as decreed in Case No. W -462,
Water Division No.5, with an adjudication date of August 24. 1973. and an appropriation
date of September 12. 1958, in the amount of32.58 acre feet from the Fraser River. together
with the Maryvale Reservoir Enlargement and all detention reservoirs referred to in the Plan
for Augmentation, Case No. 98CW041, Water Division No.5;
Regis-Maryvale Sewage Effluent Pipeline and Ditch and water right, decreed for 3.0 cfs in
Case No. 82CW418. Water Division No. 5. with an adjudication date of June 25, 1986, and
appropriation date of December 15. 1982;
5.
The Lease Agreement by and between the Town of Fraser and Regis-Maryvale. Inc.. dated
July 10, 1989. for 65 acre feet from the Middle Park Water ConselVancy District's contract
for water produced by the Windy Gap Project;
6.
The Plan for Augmentation decreed in Case No. 86CW258, as Amended by Decree dated
April 6, 1999 in Case No. 98CW041, Water Division No.5, together with all water rights
involved in or associated with such augmentation plan, which benefits the same or which are
benefitted thereby, in any way;
7.
Water rights awarded in that certain decree entered in Case No. 90CW235 on June 8, 1995
by the District Court in and for Water Division No.5 with a date of appropriation of August
I, 1989, together with all water and water rights which are used or are to be used therein, are
associated therewith. are appurtenant thereto. or are benefitted thereby
TOGETHER with all associated diversion facilities, ditches. reservoirs and other structures and
rights of way and easements used in connection therewith or appurtenant thereto.
. \\TFQ\C\Active\60064.000\Deeds\WaterRights-29.XBS. wpd
Received Time
Jul. 21. 3:08PM
Print Time
Ju1.21. 3:17PM
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BILL OF SALE AND ASSIGNMENT
THIS BILL OF SALE AND ASSIGNMENT (" Assignment") is entered into as of the
day of July, 1999, by and between MARYVALE LLC, a Colorado limited liability company,
CASTLE HILL CORPORATION, a Colorado corporation, BAUlT S. NANDA, individually,
DUANE A. DUFFY, individually, GLENN E. DUFFY, individually, BENTLEY INVEST-
MENTS, LTD., a Colorado corporation, BRIALI LLC, a Colorado limited liability company,
THOMAS E. ADAMS, individually, E. RICK WATROUS, individually, DONALD E. MIELKE,
individually, KEVIN L. EHLERS, individually, (collectively "Assignor") and MARYV ALE
VILLAGE LLC, a Colorado limited liability company ("Assignee").
For value received, Assignor hereby assigns, transfers and conveys to Assignee and
Assignee hereby assumes and accepts all of the right, title, and interest of Assignor, if any, in and
to the following as the same pertain to that certain real property described on Exhibit A attached
hereto (the "Property"):
(1) All those items of personal property owned by Assignor and located on or used in
connection with the Property, except for and specifically excluding all personal
property, furnishings and fireplace in the improvement on the Property commonly
known as the "Maryvale cabin;"
(2)
Assignor's interest as landlord under any written or verbal leases or tenancy
agreements pertaining to the cabins located on the Property;
(3) Any and all funds paid to Assignor in which a tenant has an interest (Assignor
warranting that any amounts required to have been paid to any tenant under the
Leases as of this date have been paid as of this date);
(4) All guaranties and warranties;
(5) All assignable licenses, permits, certificates, approvals, entitlements, authorizations
and variances;
(6) All assignable agreements, contracts and other contract rights;
(7) All existing surveys, site plans, soil and substratus studies, architectural, engineer-
ing and landscape drawings, plans or studies, environmental assessment reports,
feasibility studies and other plans or studies; and
(8)
All contractual rights to water and water rights, if any. and other intangible
property rights of Assignor. whether now existing or hereafter acquired. with
respect to the Property
(collectively the "Transferred Property").
406120.2 mnO/99
ýÿ
.
.
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Assignee hereby assumes and agrees ~o perfonn the obligations of Assignor with respect
to the Transferred Property whether existing prior to the date hereof or arising subsequent hereto.
The terms and provisions of this Assignment shall be binding upon and inure to the benefit
of the respective parties hereto and their respective successors and assigns. This Assignment is
entered into in conjunction with a transfer by Assignor to Assignee of Assignor's interest in the
Property by Special Warranty Deeds dated as of the date hereof.
All persons shall be entitled to act ,in reliance upon the matters herein contained without
further inquiry of any kind and may rely on a carbon copy, telecopy or photocopy hereof without
requiring the production of the original instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Assignment as of the day
and year first above written.
ASSIGNOR:
MARYVALE LLC, a Colorado limited lia-
::~~Jr;r
Ri hard F. Nipert, Manager
By: 't.Q("1t,LDa~
E. Rick Watrous, Manager
CASTLE HILL CORPORATION, a Colo-
rado corporation
BY~~
Title: ' ^ 4
t11. Jhr;
BAUIT S. NANDA, individually, by Rich-
ard F. N' ert, his attorney-in-fact
GLENN E. DUFFY, indivi ua ly,
A. Duffy, his attorney-in-fact
406120.2 crll2O/99
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BENTLEY INVESTMENTS, LTD., aColo-
rad.O corporati.on . . '6
By. ~ ~fi1 k
Title: 'f~ _ r - .
THOMAS E. ADAMS, i '''1: 1
Duane A. Duffy, his attomey-in-fac
'fQ&L \j)~
E. RICK WATROUS, individually
~~
DONALD E. MIELKE, individually
;JlM~ i ~
KEVIN L. EHLERS, individually
406120.2 07120/99
-3-
.
.
.
406120.2 07120199
ASSIGNEE:
MARYV ALE VILLAGE LLC, a Colorado
limited liability company
By: Koelbel Winter Park, LLC, a Colo-
rado limited liability company, Man-
ager
By:~~~L
Walter A. Koelbel, Jr.
Manager
By: Cornerstone Winter Park Holdings,
LLC, a Colorado limited liability
co~ Mo~ger
By: ~L~~
Patrick M. Donovan
Vice President
-4-
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EXIDBIT A
Description of the Property
[see attached]
406120.2 07/20/99
.
.
A parcel of land located in the South one-half of the South one-half
(51/2S1/2) of Section 20, the Souch one-half of the Southwesc
ene-quarter CS1/2SWl/4) of Section 21, Section 28 and Section 29 all
in Township 1 Sout~, Range 7S Wesc of the Sixth Principal Meridian,
County of Grand, State of Colorado, more particularly described as
follows:
~
Tha~ portion oi the Southyest on~-quarcer of the Southwest one-quarter
(SW1/~SW1/~) of said Sec~ion 20 lying Northerly and Easterly,of the
Southern Pacific ~ailroad r1.9ht of., "'~y; .'
Together wich that porcion of the Southeast one-quarter of the
. Southwest one-quarter (SE1/4SW1/4) of said Section 20 lying Southerly
and Westerly of Highway No. -to; .'-
Together with the South one-half of the Southeas~ one-quarter
(Sl/2SE1/4) ot said Section 20;
Together with the South one-half of the Southwest one-quarter
ISl/2SW1/4) of Section 2l:
Together with the Norcheast one-quarter (NElli) of said Section 2a;
Together with the North one-half of the'Southeast cne-quarte~
(Nl/2SE1/4) of said Seccion 28;
TogeLher with chat porcion of the Northwest one-quarte~ o~ the
Southwesc one-quarter (NW1/4SW1/4) of said Section 28 ly~ng Northerly
of tne right or way ot Kings crossing Road AS described on a Land
Survey Plat recorded at Reception No. "007'15;
Togecner with that portion of ehe Southwest one-quarter of the
SouthweSt one-quarcer (SH1/tSW1/() of said Seccion 28 lying Norcherly
of said right of yay of Kings crossing ROAd, be th~re any;
Together with the Northwest one-quarter (NW1/~) ot said Sec~ion 29;
Together with the Northeast:, one'-quart;er (~l./<l) ...9t"said Sect,ion 29 i
Together vith Lhose porcions at the Southeast 9ne.~ua~cer (SEl/4) of
said 5action 29 as described as Parcel 3. and parcel . ~c ~eeeption No.
97002916:
Tcgether with that portion of .the North one-halt of the NOrthwest
one-quarter (Nl/2Nwl/t) of said S~ction 2' lying Northerly and
Easterly of the Southern Pacific Railroad right of,waY1
70gether with the South one-half or the Southwest one-quarter
(Sl!2SW1/4) of said Section 2~;
Together ~ith thac porcion of Norcheast ohe-quarter of the Soucheasc
one-quarter (NEl/4SE1/4) of Section 29 lying Norcherly and Easterly of
che Southern Pacific Railroad right oi way;
.....:
Except the right of way for Highway No. 40;
Except che righc of way for South~rn Pacific Railroad;
~cepc the tract of land conveyed by Regis-Maryvale, Inc. to the East
. (continued) ,
Exhibit A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . , . . Page 1 of2
Received Time
Jul. 21. 3:08PM
Print Time
J u I. 21. 3: 18 PM
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s.:....
,~. ;>-:y;.
H ,.;, .,~~..;" 'I: >: Ii.
Exhibit ~ continued:
.
Grand Fire Proteccion District by instrument recorded November B,
1982, in Book 318 at Page 64' in the Office of the Grand County Clerk
and Recorder;
~xcept the tract ot land conveyed by Regis-Maryvale, Inc. to the Grand
County Wacer and Sanitation District No. 1 by instrument recorded July
26, 1!8J, in Book 3)2 ae Page '77,
Excepc the trace of land conveyed by Regis-Maryvale, Inc. to the Town
of Fraser by Warrancy'Ueed recorded November 5, 1987, in Book ~27 ac
Page 601; . "
Exc~pt thae parcel o~ land known a9 Trace .^~~ Regis-Maryvale, Inc. a
Subdivision Exempcion as recorded at Reception No. 280227,
~xcept the right of way of that County Roa~ known as "Forest Trail" as
recorded in Book 222 at ~age 248,
Except the t'ight pl. "'~Y' of thac County Road kno\lf\ as '''Old. King Road"
as recorded at File' Number 0080.1 . ....
txcept that five IS) acre ~=act pf land conveyed by Haryvale, LLC ~o
the Church recorded June 29.1"0 Bt.Reception No. 9000li951,
Except thAt tract of land known as -Haryvale Planning Area No. Ii" a
Subdivision Exemption,
Excepe thac trace of land known as .~ing's Crossing Solar Townhomesd
as reco~ded at" Reception No. 1'7~02 and
Except that'parcel of land 6escribed AS an exception parcel in Book
. 442 ae Page '~?
PARCeL 8:
That certain trace or parcel of land consisting of a porcion of ~he
Soucheast one-quarter Southe8sC one-quarter (SEl/4SE1/~) of Seccion
29, Tounship 1 South, Range 7S West of thel6th P.M., described as
follows:
or
.1:-
Beginnlng at the. Southwest corner of that certain trace or parcel oe
land conveyed to one Wm. L. Herlinger by deed reco~ded September 28,
192~ and n~w appearing 9! r~cord.in the Recorder's Oftices of the
County of Orand and State of Coloradp in aook 73 at Page 50S; thence
South & distance of 100 teet, thence at ri9ht angle9 LAse 200 feet:
thence at right angles North 100 fej!t,. thence at righc an9125 Wes t 200
feet to the placa of beginning.
E~cepr an undivided 20% interest in the real property described on Exhibit A-i.
.. '
EXJ1l0lt A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . Page 2 of 2
'Received Time
J u I. 21. J: 08PM
Prinl Time
Jul. 21. 3: 18PM
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('
ALL OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 29, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO LYING
NORTHEASTERLY OF THE DENVER AND RIO GRANOE WESTERN RAILROAD
RIGHT-OF-WAY (CURRENTLY OWNED BY SOUTHERN PACIFIC LINES) EXCEPT
THAT TRACT CONVEYED TO LElAH M. VENABLE AND HENRY J. KING
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER
OF THE SOUTHEAST QUARTER AND RUNNING THENCE NORTHERLY ALONG
THE EAST LINE OF SAID SUBDIVISION FOR 315 FEET; THENCE WESTERLY
PARALLEL TO THE SOUTH LINE OF SAID SUBDIVISION FOR 176 FEET; THENCE
S 02020'00" E FOR 145.3 FEET: THENCE S 51040'00" WEST FOR 97.5 FEET TO
THE EAST RIGHT-OF-WAY LINE OF THE DENVER AND RIO GRANDE WESTERN
RAILROAD; THENCE SOUTHEASTERLY ON A 08aoo'oo~ CURVE FOR 142 FEET
MORE OR LESS TO THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER AND THENCE EASTERLY ALONG SAID SOUTH LINE OF
SAID SUBDIVISION FOR 154.7 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS AN AREA OF 12.17 ACRES, MORE OR LESS.
Exhibit A-i........................................................ Page 1 of 1
.
1
~ 7Y
SCALE: ,. = so'
~o
LEQEND
. - SET ALU.... CAP PlS 131942
o - FNO. ALU.... CAP PLS /125971
~ - PHONE PEDESTAL
~ - POWER POLE
. - WATER VALVE
'r:f - FIRE HYDRANT
-&-- UGHT POST
. - PIlLAR ,
@ - GUY WIRE ANCHOR
-E- - OVERHEAD ElECTRIC
SITE DATA:
TOTAl. LAND AREA -
Il\JBlIlNC AREA -
CO'IERED DEClCS -
P_ AREA
'" DRI'EWAY
~B57.80 .... ft.
t:mfi ::: It
24838.31 .... It;.
.
OPEN SPACE - 13,.11II5.32 .... ft. (m.nK)
SAI.D III DISPl.AY AREA 1ST FLOOR - 2.I7l.75 .... ft.
SAlES III DISPl.AY AREA PARKING REQUIREIIENT - 12 PARICING SPACES
NEW APARlloIENlS PARICIIIG REQUIREIIIDlT - II PARKlNO SPACES
TOTAl. EllISTlNll PARICIIIG SPACES - 32 PARl<lNG SPACES
fJOSTY/AaIE. - 8.9ll IJIlIIII/Acre
ZlINED IIUSINESS
UNmiii - 115 CONTAIN 2 IlEDROOll5
UNIT CONTAINS 3 BEDROClIIS
UNIT CONTAINS 2 BEDROClIIS
NOTES:
1. The ~ """"manU .... _ Tn lIle ...--.nran of Ihlll ounoey.
... Grand CaulIt, Rec:GR!a. ,,-'. lIap. 1ll87'-2G-3
b. FInt Amllfoal lltIe I""""",,,,, Company flI9l122-e. The 1IlI. CampclftJ
a. Cronel Count,..--. ReouIIdMaIan of ParcoI C. Foral MeocI-.
~Grand~t/'~~ of Tracl8 D and E. P_ C
.oral _ SoIor CcrnmanItJ, ~_ , 218772
2. 1lIlo ......., _ not _ G _ _ bJ lTrn _
I.GIld _,...
.1. 1lIlo prorn/M8 are lIUb)eot to emJ emd GlI _lo, ..,u of ...,..
-"'"- oneI/.. __ all of ....., may _.
4. ~d utlIIlIa are not .......
ll. All III'DIIed and ~ GraS oIIeIJ be ~ and/... rewgetotod
with IHItIvo .. *""",t roololAmt plan1 ___
OWNERS: PCIUl A. Jon.. II IiIaJy C. .......
P.o. IIoll 718
._. CO 80442
DESIGNER: Alan B. CGrt.- -1ect, lLC
p,o. Box 1111
llnlnby. CO lI0448
LAND
SUR\EYOR: 1lmoIhJ R. Shenk
P.O. Box _
......... CO 80442
1170-728-2031
.
NOTlCC: At:coni1n9 10 CdDtVfIo /qw. you must __ ""Y /et14I
action -.J _ my _ In th1tI _y odIhIn fIno__
oflr you _ _ ouch tUh<:t. In no -t. tfl4y "'Y I"'"
action _ upon my _ In Ih. _yl>> __ m.. _
,." __ Il1Im /he _ 0' -'1_ .."..., -.
FINAL PLAT
SKI BROKER EMPLOYEE HOUSING APARTMENTS
TRACT C
RESUBDIVISION OF PARCEL C
FOREST MEADOWS SOLAR COMMUNITY
TOWN OF FRASER
GRAND COUNTY, COLORADO
.
~.s:
~Q
~~-<1 )-
<;to
PARCEL II
~l!
N'"
ft
...
"'10
ii
ii
.
j:
.
j: . ..:::::.:..
f::.. ~: .~; .-:.. . .:.:.:.:.:.:.:..
. . . . . . . . ~ . . . . . . . . . . . . - - . . . .
. - ..-.....-. -- - - .--. - -
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . .
. . . . . .99. . . . . . . . . . . . . . . . . . . . . . . . . . MiAS. N 8i"5i'42- E 9294.e3'_......
~TN 4
JOHN'S DRIVE
~----
TRACT D
1lEA5. .
R : SRloo.
L - 82.93-
Pl.A T
R-lI
D - DO'
L_
-'9:'
\t
CERl1FICA lE FOR APPROVAl. BY 1HE Pl.ANNlNO COlIIIISSlCN
:: = =~:,on ~ T:;: of 'ra:: ;:-ado ..... h~ls:.'lhorlz.
Cl1Umon
CERl1FICAlE FOR APPROVAL BY 1HE Tll'llN BOARD
~~.::: ~~~~:....~=:_ "Ol~ eny_~
fOr the ......_ .. _01 of em, Tn~ __ en Ihlt plat ..... OIly
__I or Tnformotlon pr_te<t to the Town of F_ _ _cod
the Town to She tills certIflcate.
Mal"". Town of ...-
herebJ jofta In 1111. flrtal plot.
LEIN HOlDER'S CERnFICA lE
GO . 11,,"-- of lhe ... proporty.
Aulllorlzod Sl;naturo
COIIPUANCE Sf" TEMENT
PouI A. ./ones IIIld Mary C. Jon.. h_J ....,. cmnpIImlce _ the -... standoRt.
IIIld oil other ,,-_III of the Town of F....... SUIlcIM8fon Reg1datlona.
llEAS.
a:~1.
L D .~42'
PLAT
R-~
~ = !kv
PCIUlA.~
Mary C. Jon..
LAND SIJRYEYDR'S CER11F1CA lE
L TlmotIIJ R. Sh<nIc. . duly ....Isterecl IGlld SIIMljlOr In lIle Stoto of COlorado.
do herebr. G<<lIfy Ihot Ihla Plat of SId IlrGklr ~ H"'~"
Tract Q, R-.IldhIloIon of _ C. Foral IIIl1dooio 501.. . lruIJ .....
oorrootI;, ~ the roouIlII of . _ made by. !!!!I. or mJ dYeotlon,
oneI thcit ~ flIOt.mmpIloo with the __III Of lltIe . 51.
~::ou:~ ~ m&ytlllU~~~.,=..b~!:::'':::e
Dated tItIo _ doy. of
1999
lTrnothy R. Sh.... PoLS.' 31842
+3.+2'
TIM SHENK LAND SURVEYING
P.O. BOX 604
FRASER, COLORADO 80442
(970) 726-2031
"'.
PROJECT
SITE
FINAL PLAT
SKI BROKER
EMPLOYEE HOUSING APARTMENTS
TRACT C
RESUBDIVlSION OF PARCEL C
FOREST MEADOWS SOLAR COMMUNITY
TOWN OF FRASER
GRAND COUNTY. COLORADO
SEC. 20. T1S, R75W. 6th PM
SCALE: ,. - !IO'
JOB: SId _or EHA
DRAWN BY: D.a.
VICINITY MAP
DAlE: JuI, 28. 1999
REVISED:
.
.
.
,
...
...
LEASE AGREEMENT
This agreement is made and entered into this _ day of , 1999 by and between
the Town of Fraser, Colorado, a municipal corporation ("Fraser") and Greg Blair and Tina Blair,
jointly and severally, ("Blairs")
WHEREAS, Fraser is the owner of the property described as follows:
All that portion of the Southeast one-quarter Northeast one-quarter of Section 19,
Township I South, Range 75 West of the 6th P.M., including portions of Lots 1 to 4,
Trout Lake Mining and Health Resort Cpompany's lake Site, described as foolows:
Beginning at a point whence the Southeast comer of Block 5, Town of Fraser a/kIa Town
of Fraser bears South 89 32'00" West, 30.00 feet;
thence North 0035'00" West 18.70 feet;
thence North 05 35'00' East, 89.50 feet;
thence North 0035'00" West 27.50 feet;
thence North 89 32'00" East 25.00 feet to the Westerly right-of-way
line of U.S. Highway 40;
thence Southeasterly, along said right-of-way line, 168.00 feet, to a
point which bears North 89 32'00" East, from the Point of Beginning;
thence South 8932'00" West, 135.00 feet to the Point of Beginning.
WHEREAS, the Blairs operate the business known as Sharky's Eatery, located at 221 Doc Susie
Avenue, Fraser, Colorado; and
WHEREAS, when Sharky's Eatery was granted Town of Fraser Business Development Permit
#29 on October 25, 1996, the permit included the applicant's use of six (6) parking spaces on a
parcel ofland owned by the Town, said use to be valid as long as approved by the Fraser Town
Board; and
WHEREAS, the Fraser Town Board has determined that it is in the Town's best interest to enter
into an official lease with the Blairs regarding the use of these six parking spaces;
NOW THEREFORE, BE IT AGREED BETWEEN THE TOWN OF FRASER, COLORADO
AND GREG BLAIR AND TINA BLAIR:
1. The Blairs, d.b.a. Sharky's Eatery, shall be allowed to use sufficient space to park six
(6) cars on the property described above. The Blairs shall be responsible to delineate the
six spaces and shall be responsible for all maintenance required for the six spaces.
2. The Blairsshall provide insurance that indemnifies the Town, its operators and agents
against any liability arising from the Blairs use of said property.
3. The Blairs shall pay a monthly lease fee of $20 for use of the parking area.
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4. When the Town makes improvements to the Byers Avenue/U.S. 40 intersection,
consideration will be given to sell and/or lease the Blairs the land required for six (or
more) permanent parking spaces.
This lease shall be valid until May 31, 2000, and may be extended on a monthly basis or another
timeframe as proposed by the Town contingent on the street improvement project referenced
above.
IN WITNESS WHEREOF, the parties have executed this Lease Agreement the day and year first
above written.
TOWN OF FRASER,
a municipal corporation
Greg Blair
By:
Tina Blair
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memorandum of understanding
Town of Fraser and the Wmter Park/Fraser Valley Chamber ofCotnmerce
The Town shall support the Chamber financially through the following sources:
the "vendors fee" (3.3% of total sales tax collected)
monetary support for various special events sponsored by the Chamber
It is the wish of the Fraser Town Board that these funds be used for the following purposes:
vendors fee funds shall be used to assist with the Chamber's ''unrestricted'' funds
vendors fee funds shall also be used to create a statistical database that can be used by
businesses who are looking to expand or relocate to the Fraser Valley
monetary support for specific projects shall be used for that specific project
BAKER, CAZIER AND McGOWAN
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OF PROFESSIONAL CORPORATIONS
62495 U.S. HIGHWAY 40 EAST
BOX 500
GRANBY.COLORAD080~6
TELEPHONE (970) 887.3376
FAX (970) 887.9430
JOHN L BAKER, P.c.
STANLEY W. CAZIER, P.C.
RODNEY R, McGOWAN. P.C.
Rod McGowan
rod@mcgowan-pc.eom
July 27, 1999
Board of Trustees
Town of Fraser
P.O. Box 120
Fraser, CO 8044Z
Re: Traffic Signals and Governmental Immunity
Dear Board Members:
Chuck Reid advised that the Board had requested a legal opinion from us concerning the
Town's potential liability for the manner of operation of the new stop light at the intersection of
County Road 804 and the entrance to the Safeway store. I understand that the concern relates to
possible accident claims if the Town adopts a policy of operating stop light in the normal mode
during certain hoW'S, and using it only as a flashing caution signal during other hours.
In its present form, the Colorado Governmental Immunity Act grants the Town and other
municipalities immunity from liability for claims relating to traffic signs, signals, or marking or
the lack thereof. C.R.S. 24-10-106(1)( d). Although the Act waives governmental immunity with
respect to dangerous conditions that interfere with traffic on public streets, there is a specific
exemption for conditions relating to traffic signals. Accordingly, although there is always the
possibility of a claim being made, the court would likely dismiss any such claim relating to the
manner of the Town's operation of the Safeway traffic light if such a claim were presented.
I also continned with the Town's insurer, CIRSA, that their general liability insurance
coverage would apply to the defense of any such claim.
I hope that the foregoing adequately responds the Board's concerns. If you have further
questions in this regard, please let us know.
RodneyR. McGowan, P.C.
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C:\ilP\LIl'rl'BRS\Town of Fraser, . fl2.ilFD
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....11. BUCHER, WilliS & RATLIFF
........ CORPORA TIO N
ENGINEERS. PLANNERS. ARCHITECTS
July 20, 1999
Mr. Chuck Reid
Town Manager
Town of Fraser
Box 120
Fraser, CO 80442
RE: CR 804 and Safeway Access Traffic Signal
Dear Chuck:
Following our telephone conversation last week, we have reviewed the original construction drawings and
signal operational sequence for the subject traffic signal. We summarized the following:
The signal has vehicle detectors on the Safeway access and South Wapiti Drive approaches. These
detectors notify the signal controller when vehicles are present. Vehicle detectors are not located on CR
804.
Currently the signal is set to provide continuous green on CR 804 unless a vehicle arrives on one of th~ ~
detectors, either at the Safeway access or South Wapiti Drive. If the vehicle is in the throughlleft turn
lane, the vehicle presence on the detector will immediately signal the controller. After approximately
thirty seconds, the CR 804 signal will turn to yellow, then red. The Safeway signal will remain green for
ten to twenty-five seconds depending on the number of vehicles leaving. The Safeway signal will then
turn to yellow, then red. The CR 804 signal will remain green until the controller is called again by the
presence of a vehicle on the detector. In the event additional vehicles are trying to exit Safeway or South
Wapiti Drive the minimum green cycle on CR 804 is timed at thirty-five seconds. If no additional
vehicles are trying to exit, the green signal will continue on CR 804 until called again.
The vehicle detectors on the right turn only lanes of the Safeway access and South Wapiti Drive approach
are programmed with signal delay features that allow the vehicle to sit on the detector for a slightly longer
time without activating the signal. This allows time to clear CR 804 and complete the right turn
movement without activating a change in the signal.
We understand that questions have been asked about allowing the signal to flash yellow on CR 804 and
red on the Safeway access and South Wapiti Drive during the hours Safeway is closed and other low
traffic hours. In response to these questions, the signal was originally designed to provide continuous
green on CR 804 unless called by a vehicle on the detectors. This technology is replacing the technology
of setting signals to flash during low traffic hours. During full signal operation a late night vehicle would
require a signal change to leave the Safeway access or South Wapiti Drive. If the signal were set to flash
between I I p.m. and 6 a.m. (Safeway closed) the vehicles accessing CR 804 would treat the intersection
as a stop movement. Either scenario can be acceptable. We understand the Hwy 40/CR 804 signal
operates under the night flash mode. It may be practical to operate both signals the same (Le.: set the CR
804/Safewayaccess-South Wapiti Drive signal to flash between 11 p.m. and 6 a.m.) At a point when
traffic volumes warrant a change in signal operation, both signals can be updated simultaneously.
1743 WAZEE STREET, SUITE 200 I DENVER, COLORADO 80202-1280 I 303/292-5056 I FAX: 303/292-5668
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Page Two
Mr. Chuck Reid
July 20, 1999
Responding to the second question regarding application of the flash technology to other "low traffic"
hours, it is a more difficult challenge. Traffic patterns in the Fraser Valley vary seasonally as well as
weekly and daily. We understand weekends have increased traffic volume over weekdays and obviously
seasonal changes are significant. It will be very difficult to time the signal for low traffic hour flash and
meet the continuously changing demands of local conditions. In fact activated signals, signals with
vehicle detectors are designed to accommodate fluctuations in traffic.
Based on the foregoing, we would take no objection with setting the signal to flash mode (yellow on CR
804; red on the Safeway access and South Wapiti Drive) between the hours of 11 p.m. and 6 a.m. The
continuous green on CR 804 unless called by the vehicle detectors is your best mode for the remaining
hours and changing demands. After the signal has operated in this mode for a period of time, if it still
does not meet your needs, we are always happy to assist in reevaluating it for possible further
adjustments. If you have any questions please call.
Sincerely,
B~ Ratliff COIporation
~R~anson P.E.
Principal
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1. All erosion control features shall be consistent with the drainage standards set
. forth in Section 1S-3-7.K. '
2. Erosion control features such as berms and ditches shall be implemented prior to
initiatitlg construction activities for the subdivision, and dust suppression'
techniques shall be implemented during construction.
3. Cut and fill shall be kept to a minimum.
4. Graded or filled slopes shall be kept to a 3:1 slope or less and all slopes in excess
of thirty (30) percent shall be left undisturbed. Slope stabilization ~
shall be impleIDented where soil conditions warrant and approved by the Town's
engineer. '
s. Berms and ditches shall be constructed around graded areas to QnJ1tAin sediment -
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6. Grac:Ung and earth moving activ.ities shall be carried out in 1uly or late fall to
avoid run-off J'Criods, and the rainy season when large amounts of ..dmeut could
be transported off the site by the runoff.,' ' .
1. All natural vegetation shrubbery in excess of two feet in diameter and all trees
with a trunk diameter of six (6) inches or more measured four and one-half (4
1/2) feet above the groun~ shall be. preserved unless the Town aJlows individual
plants to be removed. .
8. Impervious surfaces shall be as small as possible and run-off for impervious
smfaces shall be collected in ditches or trenches in conformance with the drainage
plan.
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9. Run-off velocity shall not exceed pre-subdivision levels.
10. Degradation of water quality by the subdivision in wa~ays, waterbodies and
wetlands shall not occur.
Affordable HoosiDg
1. Legislative Intent. . - .
It is the ~ of thi$ section'to promote owner occupied and rental unit, deed
restricted,baffeRfaWe housing in major subdivisions which will serve many
"gments f e conuniunity that need affordable housing. 1he target groups for
this housing . people who desire, but cannot afford to'~ tracts or units
for long term.llousing ~ C1'eSted Butte and who qualify lor affcmlab1e housing in
major subdi, . ODS as 4escribed in this section and in Part IV of the -rown of
Crested B Affordable Housing Quidelines," hereafter refen:ed to as
"Guidelines,' as amended at the time of-Pinal Plat approval. (tw.2/2/98)
2. AffOrdable H . g Requirement. a. .M-l f\ \ V'>O \l WI
Any develo nt of property that includes - f . four (4) resi~rial units
shall: I ' .
a. reserve least twenty-five (25) percent of the total number of UDits in the -
cleve! t as aff~rdable housing. Such units shall be subject to the
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Crested Butte Land Use
Pebnwy 2nd, .1998
Subdivision 83
Scetion 15-3-7.\
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Final Plat approval; or .' "
.' b. housinas ~ al~tsv..ft~ ~ satisfyinbdi.' . : g the ~ 1'e9byc~:n affordable -
I ~ um a su VISIon. as, p.rov1 '. on, a
subdiVIder may offer. to the Town, a substitute percentage of affordable
, housing units to be built by~vic1e. r ~vided, however, that ~
I herein shall obligate the .Town accept such amount of substitute built
affordable housing units; Town shall not accept any substitute
affordable housing that, to solve the entire affmdable ~
I. .=:l :..~ f UDiIs In ao1y ClII8 geographic ana of a
3. Location of Affordable Housing .
I a. All affordable housing units required within a subdivision' sball be located
within ~. cfisPersCd throughout the boun~ries of the subdivision unless
- - e~.l1l1if.gllM deed testrlcted to affordable housing as described in Section
I . ~~ .IS-3-7. V.,7. If the Town Council finds that unusual circnm.cQ1;Ic- leSUIting
\ ,VJ"J\ \' from. zoning and sutidivision requirements or the location or size of the
'I ,,'\'ti ~ v \~, silbdivision make it, unfeastDle to reserve for use all or any portion ~ the
\ ';A'v' \-\'4i '.I' required affordable housing units within ~ boqndA';es of the sUbdivision. the
I. ~\ ",'bJ 06>' \.~ Town Council may, at its dlscreti0t4 authorize the owner or subdivider to i
\(~' ~'\ ~~a construct ~ reserve affordable housing units outside of the subdivision's '\ If'
t 1J (}I ~ 'J...J~ '&,~-.- 1.:1 bo~c1Aw;es to m~t..the affordable hOusing ~ for the subdivision. f
I ,^,w. ~ x:.. i~ .~ At least fifteen percent (15%> of each housmg type {singJe ramtly, multi..
~. (' family} dupkm, aq~ mobile home) in a subdivision sball be reserved for
~ affordable housing except as provided in S~ IS-3-7. V. 7.
I a\\~,~~u.*~\ \,' c. The' Final Plat shall identify each tract wmch'sha11 have affmdable housing
~ ~ units and it shall identify: ' '
1. the number of affordable housing units on each affordable housing tract,
~..t\ \~ ii. the number of affordable housing units in each Category on the affOl'dable
I \ "\' \W, ' ,housing tmct,,(thc ~guriQi am ~ 1b tho OuideliBes). and
'f' tit the number of unrestricted units that may be built qn the. affordable
housing tract, excluding accessory dwellinn. . .
I . . p- ded equa:D.y
Fens die feur C..tll\g01ies., "
e. l11e mim1lftml Biz" and I..il.in IUDl numJ.- efbedNrams iB each Categery are
I .tr1 .~~.~ tAe..(Jui~c;s, ~ ~<f~ at ~ ';~e of,t:;"'_"~ ~ A.Wwvai.
-~ -~, To t1)~lilbun eompatibility WIth existing ratios of-'OWDer' OCci:ijieCJ and rental
units in Crested Butte, at least 40% of the affordable housing Sba11 be owner
I occupied units and at l~ 40% shaU. be ~ntal nni~ ~. 2AJ98}
aCCe'7?hj ~nll't"~ '1W bt. a,/lOIN~ ~ ~ UVlj~
4. Qualifying Affordable Housing Units. '.
Affordable housing units intended for sale or rental use shall comply with
I paragraph a. below and shall also comply with paragraph b., c., or d.
. a. The subdivider shall record with the Clerk arid Recorder of the GultDiseI1
Co\Ulty, either a deed or an irrevocable covenant running with the property
I that funits the use of the affordable housing units and the appropriate portion
of the ttacts to affordable housing. Such deed or covenant shall be in
perpetuity and shall be approved by the Town Attorney' prior to recordation
I and shall provide that the Town of C~M Bmte may enforce the use
'restriction contained in the covenant. Examples of the deed restriction are
. located in~e Guidellne!lZ. -1 .
lb. The subdivider may convey all affordable housing units or tracts to the Town
or a housing authority approved by the Town Council, at the Town's
I Cmsted Butte Land Use
February 2nd, 1998.
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Subdivision 84
Secdon15-3-7.V.
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O:ested. Butte LaDd Use
Februuy 2nd, 1998
s1ibdiVisicm 84
~ 1S-3-7.V
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. Februuy 2nd, 1998. '
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d.. ~ ctfuge . k.~ be~' ~~as~~"~"a \
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8. Sal~ of Affordable Housing Tracts . . " '
Affordable housing tracts (restricted housing tracts) sbaIl be sold with umestricted
tracts or conveyed to the Town or a hous.ing authotity appmved by the Town. All
tracts must be developed so they are ready for conveyance and cotDttuction, Le.
improved tracts with water. sewer. telephone. electricity. gas. cable and streets in
&::. to the property line. A soils ~ pmpated by a cpJAlified e1\p.~ and
upon test holes within the building envelope of each tract. stipulatinP. that
the tract is suitable for construction of the intended dwelling type Without
requiring unusual ~xcavati~ foundation work. or ~odati.on of Other
unUsual conditiQ!lL ~ accompany the conveyance ~ ~ednee~\SI8tY by the
1l:diD1' omCiatJ wl1en conveying affordable housing tracts to the Town, or its
pee. conveyance shall be concurrent with preJ1m;nA"Y 8cceptance by the
Town of the subdivision improvementS. (rev.2/2I98} ,
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Unless the tracts ate conveyed to the Town. or its designee, subdividem shall
comply with the follo~ rate of sales for each phase of a subdivision ta ensure a
reasonable number of restricted market tracts are sold prior to unrestricted ttacts.
{rev.2/2/98J . . , .
a. No more than 25% of the' Unrestricted market tracts in each phase of a
subdivision shall be sold until'2S% of the restricted housing tracts are sold.
b; No more than S~% of the unrestdcted marlcet tracts in each phase of a
subdivision shall be sold until SO% of the restricted housing tracts are sold.
c. No more than 7S% of the unrestricted market tracts in ea.ch phase of a
subdivision shall be sold until 100% of the l'eStlicted housing tracts are
sold {iev.2/2/98}
In the event the subdivider builds affordable housing, t1ie. Town Council shall
reasonably decide how many unrestricted market tracts may be sold prior ::' the
sale or rental of the affordable housing units to be built by the subdivider. {rev.
2/2I9B}
9. Administration of Section . - - -~.- -~ r_e--
The Town Manager, 'or his I her designee, shall admitdster this section and,
subject to prior a~vaI by the Town ColDlcil, may promulgate and enforce rules
and regulations to unpJement its provisions. {rev. 2/2(981
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Subdivision 84c
Section lS.3.7.V.
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ORDINANCE NO. 33
SERIES 1995
AN ORDINANCE AMENDING THE 1987 CRESTED BUTTE
MUNICIPAL CODE BY REPEAUNG AND REENACTING
THE MINOR AND MAJOR SUBDIVISION REGULATIONS
CURRENTLY SET FORTH IN ARTICLE 15-2.
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WHEREAS, the Town of Crested Butte, Colorado is a home rule municipality duly
and regularly organized and. now validly existing as a body. ~cro orate and politic under
and by virtue of the Constitution and laws of the State of l,,~ot do;, and '
WHEREAS~the Town of Crested Butte, by virtue, Qf~' om~ Rule status. may
adopt such ordin ces relative to local and municipal i m. . are necessary to
effectuate the pu oses and intent of power granted to",. u I~ anTes, and such other
matters as can be elegated to municipalities by the Stat~ of G I Irrdo; and
WHEREAS,lsection 14-2 of the Home Rule Charte~ for \ corif~rs all home
rule powers to the !Town; and ; \ \
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WHEREAS, Ordinance No. 12, Series 1993 identHled' nstituted the Town
Council of the To as the Municipal Planning Commission; ~ I
WHEREAS, olorado Revised Statutes, section 31-23-2 4 1 . ~uthorizes the Town,
through its Plannin~fmmiSSion, to adopt regulations gOV,em n ;'. t. ~ subdMsion of iand
within Its !Urisdictli; d : I
WHEREAS, 11 e Town Council has held numerous A b q meetin~s on the
Subdivision RegUlations proposed for adoption by this ordi a , \ and held a public
hearing on the proposed regulations at the regular Town co.un 'f. eting on S ptember
5, 1995, which pubDc hearing has been variously continu8d n ri115, 19 ; and
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WHEF\EAS, the Town Council hereby finds thatthe ~
set forth in Section 15-2-15.2. and 15-2-15.3. of the Zoning ,
not adequately address the impacts created by the subdNl i 111
Town, the appropriate and necessary public dedications req~ ~ '
of new subdivisions, or the design and improvement stand~ !
streets and utilities which are required as a part of larger s~ .
WHEREAS, the Town Council hereby finds that th~
proposed subdMsion regulations concerning the dedication
order to assure that new subdivisions within the Town pro .':
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their anticipated residents, and to assure that the existing Town residents are not required
to pay for the needs and impacts occasioned by the creation of new subdMsions within
the Town; and
WHEREAS, the Town Council hereby finds that the administrative provisions, and
design and improvement standards set forth in the proposed regulations are reasonable
and necessary, and consistent with the development of quality subd~sions and
subdivision infrastructure; and .
WHEREAS, the Town Council hereby finds that it is necessary to amend the
provisions of Section 15-2-15.1. of the Zoning and Land Use Ordinance, Planned Unit
Developments, because larger P.U.D.s create slgnificant'impacts and require the
construction of substantial infrastructure, thereby making it necessary that such P.U.D.s
are reviewed- under the-proposed subdivision regulations in order to assure that such
impacts and infrastructures are adequately addressed and constructed, and that existing
residents are not required to pay for the impacts and costs thereof; and
WHEREAS, the Town Council finds that it is in the best interests of the Town and
its' residents to establish and adopt the proposed subdivision regulations; and
WHEREAS, the Town Council finds that the provisions of the proposed subdMsion
regulations are necessary to protect the health, safety and welfare of the Town's
residents.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
.TOWN OF CRESTED BUTTE, COLORADO, THAT,
Section 1. Repeal of Existing Subdivision Regulations. The entirety of Sections
15-2-15.2. and 15-2-15.3. of the Zoning and Land Use Ordinance are hereby repealed in
their entirety.
Section 2. "Enactrn\!ht of ArtiCle 15-3. Subdivision Regufations: The'.f981' Town 0-
of Crested Butte Municipal Code is hereby amended by this enactment, and the addition
of Article 15-3, Subdivision Regulations, thereto. The entire text of said Article 15-3,
inCluding the forms constituting a part of said Article, shall be as set forth in the
Subdivision Regulations attached hereto and incorporated herein by this reference.
Section 3. Amendment to Planned Unit Development Procedures. Subsection
15-2-15.1.E. of the Zoning and Land Use Ordinance is hereby amended by renumbering
subsections 1, 2 and 3 thereof to 2, 3 and 4 respectively, and adding the following:
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"1. Compliance with SubcflVision Regulations. Any application for a P.U.D.
which contains more than 25,000 squai. ' feet of land shall also be accompanied
with a subcflVision Final Plat which shall L e subject to the requirements set forth in
the Town's Subdivision Regulations, and reviewed for approval as a subdivision
under said regulations. The submission of multiple P.U.D. applications to
circumvent this requirement is prohibited. When there are conflicts between the
procedures or requirements of this Section, 15-2-15.1 and the Subdivision
Regulations, the Subdivision Regulations shall prevail."
Section 4. Amendment to Zoning Amendment Procedures. Subsection 15-2-
27.C. of the Zoning and Land Use Ordinance is hereby amended by addition of the
following paragraph after subparagraph 5.:
"Any application to create' or amend the zoning 'of a parcel of iand co~ning more
than SO,OOO square feet of land, shall be subject to Vie requirements set forth In
the Town's Subdivision Regulations, and reviewed f~r approval as a subdivision
under said regulations." ~ .
Section 5. Certification to Gunnison County Clerk .nd Recorder. Within fifteen
days after the effective date of this Ordinance, the Towri Council, as the Municipal
Planning Commission, shall cause the Subdivision Regulations to be certified to the
Gunnison County Clerk and Recorder. I
Section 6. Severability. If any section, sentence, cI~use, phrase, word or other
provision of this ordinance is for any reason held to be unconstitutional or otherwise
invalid, such holding shall not affect the validity of the rem~ning sections, sentences,
clauses, phrases, words or other provisions of this ordinance, or the validity of this
ordinance as an entirety, it being the legislative intent ~hat this ordinance shall stand
notwithstanding the invalidity of any section, sentenoe, clause, phrase, word or other
provision.
Section 7. Savings Clause. Except as hereby amen' ed, the 1987 Crested Butte
Municipal Code shall remain valid, and in full force and e act. APiy provision of any
ordinance previously adopted by the Town of Crested Butte which is in co' ict with this
ordinance is hereby repeal8f1 as f the enforcement dale h real.
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INTRODUCED, READ AND SET FOR PUBUC HEARING THIS lWENTY-FlRST
DAY OF AUGUST, 1995.
ADOPTED BY TijE TOWN COU
HEARING THIS J 5"ttt.... DAY OF
TOWN OF CRESlCD BUTTE, COLORADO
By:
~~7- .___--
Scott A. Truex, Mayor-
(SEAL)
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