HomeMy Public PortalAboutOrdinance #102
To~m OF FRASER
ORDINANCE NO. /~;)--
AN ORDINANCE APPROVING THE MEMORANDUM OF AGREEMENT "PREANNEXATION"
BETWEEN DONALD N. DRAKE, W~ER L. MEYER AND JAMES H. GIBSON, AND THE
TOWN OF FRASER, DATED~) . , 1981, REGARDING ANNEXATION OF
CERTAIN PROPERTY TO TH~~O . OF FRASER, AND REGARDING DEVELOPMENT OF
THAT PROPERTY SUBSEQUENT TO SUCH ANNEXATION.
WHEREAS, the Board of Trustees of the Town of Fraser has
negotiated with Donald N. Drake, Walter L. Meyer and James H. Gibson for
the annexation of a tract of land adjoining the said Town and comprising
approximately 40.695 acres of land, which property is not now located in
the Town of Fraser; and
WHEREAS, the Board of Trustees of the Town of Fraser has
reviewed the Agreement prepared pursuant to such negotiations, and finds
that such Agreement includes all matters for which the Board of Trustees
can give approval,
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, AS FOLLOWS:
Section 1: The Board of Trustees of the Town of Fraser finds and
determiIJes that the Memorandum of Agreement "Preannexation" dated
~{~)L/ , 1981 between Donald N. Drake, Walter L. Meyer and
J mes H. Gibson, as Owners, and the Town of Fraser (for the annexation
of certain land owned by said Owners and being contiguous to the Town of
Fraser, which Agreement is conditional upon the annexation hearing
resulting in a favorable vote of this Board approving such annexation,
and which Memorandum of Agreement also provides for the rights and
obligations of the Town of Fraser and the Owners regarding development
of the subject property for a period of ten (10) years subsequent to the
effective date pf annexation of subject property), is reasonable and in
the best interest of the citizens and residents of the Town of Fraser.
Section 2: The Mayor and the Clerk of the Town of Fraser are
hereby directed and authorized to execute said agreement.
DULY MOVED, SECO~D fu~D APPROVED BY TH~ BOARD OF TRUSTEES OF
THE TOWN OF FRASER THIS day of fltJi2M@ , 1981.
Tmm OF FRASER
By: ..'r/~(/I r1 ~{1Xar~
R~c ar A. Leonard, Mayor I
ATTEST:
J
Published in the Sky Hi News on -rO?J /1
, 1981.
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t)d::i);": <~.:::f'
LEASE
The Board of Trustees of the Town of Fraser, Colorado,
Landlord, for and in consideration of the rent of $10.00 per year, or
part thereof, and for other good and valuable consideration, hereby
lease unto Donald N. Drake, Walter L. Meyer and James H. Gibson, or
their assigns, as Tenants the water rights described and conveyed in
that Special Warranty Deed attached hereto as Exhibit A.
Tenants shall use such water for purposes of irrigation to the
extent necessary in order to prevent any loss of a right to use such
water as those rights now exist. Tenants shall not use such water in
any manner that will cause a default of the Deed of Trust for the use of
Frank J. Johns as referred to in the Exhibit A Special Warranty Deed.
The term of this Lease shall expire Thirty (30) days after
Landlord gives written notice to Tenants of its 'intent to so terminate
this Lease. In no event shall this Lease extend any longer than
Twenty-five (25) years after the date hereof. Recordation in Grand
County Recorder's Office of sworn statement from Landlord of such
termination shall be sufficient evidence of termination of this Lease
for all purposes.
Tenants shall be responsible for any payment for all
maintenance and repair of ditches, headgates, flumes, pumps and any
other equipment, materials, costs (including easements, leases or other
payments associated with use of such water rights), and agree to
indemnify the said Board of Trustees and the Town of Fraser for all such
costs, claims and demands.
Tenants shall be solely responsible for the filing of any
documents that may be required to protect such water rights, such as,
but not limited to, statement of due diligence for any conditional
rights. Tenant shall exercise reasonable protection of such water
rights, such as, but not limited to, filing of any protests to protect
the priority of such water rights with regard to any third party
adjudications or' augmentation plans.
(()d,w C2 9
DATED:
, 1981.
TOWN OF FRASER
((;~r;t;;J
onald N. Drake
~<1
~ LIi~
James H. G~ son
By: 4~~1rtuJ acteO?/fcJ
R~chard A. Leonard, Mayor
ATTEST:
(5 E l. L)
E>.h~:::"lt l:~j:1
SPECIAL WARRANTY DEED
DONALD N. DRAKE, WALTER L. MEYER and JAMES H. GIBSON,
Grantors, of Post Office Box 2, Winter Park, Colorado 80482, for the
consideration of Ten Dollars ($10.00) and other good and valuable
consideration, in hand paid, hereby sell and convey to the BOARD OF
TRUSTEES OF THE TOWN OF FRASER, Colorado, Grantee, whose address is Post
Office Box 126, Fraser, Colorado 80442, the following property in the
Town of Fraser, County of Grand, State of Colorado, to wit:
.50 cubic feet of water per second of 'time available from Elk
Creek under Grantor's right, title and interest in and to the water
right decreed to Elk Creek Ditch No.2, which structure was awarded
3.125 cubic feet of water per second of time under Appropriation
No. 102, date of Appropriation July 23, 1894, decreed on August 11,
1906 by the District Court in and for the County of Grand, State of
Colorado, in the matter of the Adjudication of Rights to the use of
Water in Water District No. 51 for purpose of irrigation. The
point of diversion for such Elk Creek Ditch No. 2 was changed to a
new point of diversion by decree of the District Court in and for
the County of Grand, State of Colorado, which decree was issued on
March 9, 1922, and was recorded at Book 98, Page 494 of the Records
of the Clerk and Recorder, Grand County, Colorado;
Together with an undivided twenty-five per cent of Grantor's
right, title and interest in and to the Elk Creek Ditch No. 2 and
the easements and rights-of-way appurtenant thereto;
Together with all easements, rights of way, ditches, embankments,
flumes, headgates, measuring devices and any other structures or rights
appurtenant to said water rights, and WARRANT THE TITLE AGAINST ALL
PERSONS CLAIMING UNDER US, except for the lien of general real estate
taxes for 1981 and subsequent years, and except for the lien of general
real estate taxes for 1981 and subsequent years,
With all its appurtenances.
DATED THIS c;;2L day of . rjd~ , 1981.
J~y/34~
~ld ~. Drake
~
~ L~'ii~"
Jame-s H. G~b on
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STATE OF COLORADO
ss:
COUNTY OF GRAND
K
~ This instrument was acknowledged before me this ~ - day of
~~ , 1981 by Richard A. Leonard, as Mayor, and Virginia
Winter, as Town Clerk, of the Town of Fraser.
Witness my hand and official seal.
My co~is;ion expires ~ ::J-f; /'l,<?tf
(5 E A L)
STATE OF COLORADO
ss:
COUNTY OF GRAND
d0_~/ This instrument was acknowledged before me this ~)?~. day of
(l/ct~~ ' 1981 by Donald N. Drake, Walter L. Meyer and James
H. Gl.bson.
Witness my hand and official seal.
My corrunission expires /1 da - %~
~(2i7?L~u~
NQ ary Publl.c l
Address: ~4--~
I j/ /;'yJ'!' h ~ a.4- r!!<) ?? () -.;;>.:9-
(5 E A L)
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INDEX
MEMORANDUM OF AGREEMENT
"PRE-ANNEXATION"
(FOREST MEADOWS DEVELOPMENT)
PART I
Page
2
Article 1.00 - Survey
Article 2.00 - Filing of Annexation Petitions and
Fees
2
Article 3.00 - Zoning
4
Article 4.00 - Subdivision
4
Article 5.00 - Development Plan of Property Following
Annexation
5
Article 6.00 - Withdrawal of Petitions for Annexation
6
Article 7.00 - Annexation
6
Article 8.00 - Superior Authority
7
Article 9.00 - Notice of Default
7
Article 10.00 - Remedies in Event of Default
8
Article 11.00 - Assignment
9
Article 12.00 - Jurisdiction
9
Article 13.00 - MOdification
9
Article 14.00 - Time Limits of Agreement
9
Article 15.00 - Municipal Services
10
PART II
GENERAL DEVELOPMENT PLAN
Article 16.00 - Vehicle Accommodations
11
16.010 - Streets and Roads
11
16.030 - Bridges
14
16.040 - Parking and Loading Areas
14
Article 17.00 - Utilities
15
17.010 - Water
15
17.020 - Sewer
19
17.030 - Drainage
20
17.040 - Buried Utilities
20
Article 18.00 - Building Construction and Spacing
20
18.040 - Energy Conservation
21
Page
18.050 - Residential/Commercial Construction
Ratios
22
Article 19.00 - Commercial Development Review
22
Article 20.00 - Fire House, School Lands and Other
Donations
22
20.010 - Fire House
22
20.020 - School Land
23
20.030 - Other Donations
23
Article 21.00 - Setbacks
24
Article 22.00 - Employee Housing
24
Article 23.00 - Public Transit
24
Article 24.00 - Signs
Article 25.00 - Revegetation
Article 26.00 - Maintenance of Non-Public Areas
Article 27.00 - General Development Plan Review
Article 28.00 - Conflicting Regulations
Article 29.00 - Severabil i ty
25
25
25
26
27
27
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MEMORANDUM OF AGREEMENT
II PRE-ANNEXATION"
(FOREST MEADOWS DEVELOPMENT)
PART I
THIS AGREEMENT (Parts I and II) is between DONALD N. DRAKE,
WALTER L. MEYER and JAMES H. GIBSON ("Owners") and the TOWN OF FRASER,
COLORADO, acting by and through its Board of Trustees ("Fraser");
WHEREAS, the above owners are fee title holders of the
following tract of land located adjacent to Fraser in the SE1/4 of
Section 19, and the SW1/4 of Section 20, Township 1 South, Range 75 West
of the 6th p.m., Grand County, Colorado:
Parcel A:
Commencing at the East 1/4 corner of said Section 19; thence along
the North line of said SE1/4 of Section 19, S 89049'39" W, 481.00
feet to the true point of beginning; thence S 19020'55" E, 590.00
feet; thence S 82025'09" W, 10.00 feet; thence S 00006'18" E,
455.00 feet; thence S 89053'42" W, 175.00 feet; thence S 48009'03"
W, 244.39 feet to a point on the Easterly right-of-way line of the
Denver & Rio Grande Western Railroad; thence along said Easterly
right-of-way line on a curve to the right having a central angle of
31017'13", an arch length of 367.79 feet, whose chord bearing is N
30010'28" W, 363.25 feet, to a point of tangency; thence along said
Easterly right-of-way line N 14031'50" W, 754.04 feet; thence N
89049'39" E, 50.00 feet; thence N 14031'50" W, 135.00 feet to a
point on the said North line of SE1/4 Section 19; thence N
89049'39" E, 526.29 feet to the true point of beginning, containing
13.971 acres, more or less.
PARCEL B:
Commencing at the East 1/4 corner of said Section 19; thence along
the East line of the said SE1/4 of Section 19, S 00006'18" E,
520.00 feet to the true point of beginning; thence S 82025'09" W,
299.00 feet; thence S 00006'18" E, 455.00 feet; thence S 89053'42"
W, 175.00 feet; thence S 48009'03" W, 244.39 feet to a point on the
Easterly right-of-way line of the Denver & Rio Grande Western
Railroad; thence along said Easterly right-of-way on a curve to the
left having a central angle of 25044'09", an arch length of 302.54
feet whose chord bearing is S 58041'07" E, 300.00 feet to a point
of tangency; thence along said Easterly right-of-way line S
71033'12" E, 344.64 feet; thence S 74057'09" E, 73.63 feet to a
point on the said East line SE1/4 Section 19; thence along said
East line, SE1/4 Section 19 N 00006'18" W, 941.90 feet to the true
point of beginning, containing 7.902 acres, more or less.
PARCEL C:
Commencing at the West 1/4 corner of said Section 20, thence along
the West line of the said SW1/4 Section 20 S 00006'18" E, 328.95
feet to the true point of beginning; thence N 40041'52" E, 81.67
feet to the Southerly right-of-way line of U.S. Route 40; thence S
49018'08" E, 509.20 feet to a point of curvature, being tangent to
spiral; thence continuing on said Southerly right-of-way line along
a curve to the left, having an arch length of 824.20 feet, whose
chord bears S 57044'38" E, 818.90 feet to a point of tangent;
thence continuing along said Southerly right-of-way line, S
66041'08" E, 715.73 feet; thence S 89047'25" W, 470.58 feet to the
SE corner, NW1/4 SW1/4 of said Section 20; thence along the South
line of the said NW1/4 SW1/4 Section 20, S 89047'25" W, 1316.72
feet to a point on the said West line of the SW1/4 Section 20;
thence along the said West line of the SW1/4 Section 20, N
00006'18" W, 996.98 feet to the true point of beginning, containing
18.822 acres, more or less.
(herein after referred to as the "Property").
AND WHEREAS, the OWNERS desire to undertake the process of
determining if the PROPERTY could be annexed to Fraser upon terms which
are agreeable to both the OWNERS and FRASER;
AND WHEREAS, the parties are each willing to make certain
commitments to the other as in this Agreement set forth, pertaining to
their respective rights and duties (a) during the process of determining
if the PROPERTY could be annexed to FRASER upon mutually agreeable terms
and, if so, (b) after annexation occurs;
NOW THEREFORE, in consideration of the premises, the mutual
commitments, covenants and agreements herein contained, and for other
good and valuable consideration, the receipt and adequacy of which is
hereby irrevocably acknowledged by both the OWNERS and FRASER, the
parties agree as follows:
Article 1.00 - Survey
1.01 - The OWNERS shall submit to FRASER, along with the
Annexation Petitions provided In this Agreement, a boundary line
survey, prepared by a licensed land surveyor, including a survey
drawing and written legal description (on the boundaries of the map
and in paragraph form), of all of the subject PROPERTY. Said
survey shall be certified by the surveyor to be prepared under his
direction and to be accurate.
Article 2.00 - Filing of Annexation Petitions and Fees
2.01 - The OWNERS agree to submit to Fraser three (3) separate
Petitions for annexation, in compliance with Section 31-12-107(1),
C.R.S., 1973 as amended, for the annexation of the PROPERTY in
three (3) phases.
The first phase shall encompass the tract of PROPERTY
described as Parcel A; the second phase shall encompass the tract
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of PROPERTY described on Parcel B; the Third Phase shall encompass
the tract of PROPERTY described on Parcel C. Said Parcels shall
include all of the PROPERTY required by this Agreement to be
included in the annexation.
2.02 - The OWNERS have submitted an Annexation Fee in the
amount of Five Thousand Dollars ($5,000.00) as a deposit to apply
to all other documentation and FRASER's expenses incurred on
account of this annexation. Any excess funds shall be refunded to
O~~ERS. Any shortage shall be paid by O~~ERS.
2.03 - If the OWNERS should withdraw the Petitions for
Annexation prior to annexation of the PROPERTY for any reason, or
if this Agreement should be terminated for any reason,
notwithstanding any other provision of this Agreement to the
contrary, FRASER shall refund the remaining balance of the
Annexation Fee after all costs are paid and accounted for to the
OWNERS.
2.04 - The OvmERS shall also submit with the Petitions for
Annexation, a title insurance commitment or pOlicy, or an
attorney's letter of opinion indicating that the OWNERS are fee
title owners of the PROPERTY (to within 10 days prior to the date
of submission of the Petitions to FRASER) and include names and
signatures to this Agreement of any lienholders, and also
indicating all recorded easements and rights-of-way crossing
subject property.
2.05 - Upon receipt of FRASER of the Petitions, Documents and
funds, all as may be required by this Agreement, FRASER shall
promptly examine the same and determine by formally adopted
resolution whether they comply with the provisions of Section
31-12-107, C.R.S., 1973, and with this Agreement.
2.06 - If at the hearing on the Petitions for Annexation, the
Board of Trustees of Fraser should vote to reject the Annexation,
then this Agreement shall be deemed terminated. However, OWNER
shall not be relieved of liability for FRASER's fees and expenses
as set forth in 2.02 and 2.03 above.
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Article 3.00 - Zoning
3.01 - The OWNERS hereby agree to conform and abide by all
existing zoning regulations, or amendments thereto made after the
date of this Agreement, of the Town of Fraser both at the time of
annexation and subsequent thereto as they apply to the PROPERTY.
Certain items of this Agreement, namely items 16.040 and 24.010,
are more restrictive than the current zoning regulations of Fraser
but are agreed to by the OWNERS and any subsequent owners to be
binding on the PROPERTY unless changed in writing by mutual
agreement between the parties hereto or their successors and
assigns.
3.02 - As permitted by Section 31-12-115, C.R.S., 1973, as
amended, after determining that the Petitions for Annexation are in
compliance with the provisions of Section 31-12-107, and after
adopting the Resolution provided in Paragraph 2.04 above, FRASER
shall immediately commence the procedure to zone the Property in
accordance with State statutes and its Ordinances.
3.03 - FRASER agrees to take final action with respect to the
zoning of the PROPERTY at the same time and by simultaneous
Ordinance as it finally considers the Petitions for Annexation.
3.04 - There is no obligation by FRASER to zone the PROPERTY
in any particular zoning district or districts.
3.05 - Fraser does not now have a PUD Zone or PUD special use
permit available for use on subject property. However, 01iNERS
agree that (pursuant to provisions of Article 5.00 below) they will
not object to the use of a PUD Zone or PUD special use permit on
subject property by Fraser, at such time that Fraser has adopted
the enabling ordinances, on the express condition that OWNERS be
able to develop the property in accordance with the plan described
in Article 5.00 below and in accordance with the terms and
conditions of this Agreement.
Article 4.00 - Subdivision
4.01 - The OWNERS of the PROPERTY agree to abide by the
Subdivision Regulations of the Town of Fraser and any legally
adopted amendments. Additional planning criteria described in Part
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II of this Agreement will also apply to the PROPERTY, its OWNERS
and assigns. At such time as the PROPERTY, or any part, is zoned
PUD or is granted a PUD Special Use Permit, OWNERS agree to comply
with such PUD Ordinance as long as the same are not in conflict
with this Agreement.
4.02 - If OWNER plats the entire three parcels as one filing,
rather than separate phases or filings, then OWNER shall be able to
prepare the Plat on a scale of 1:100 or larger scale rather than
1:20 as required by the Subdivision Regulations, on the condition
that OWNER use separate sheets for the Final Plat for such matters
as roads and easements, building location, and other matters
required to be shown on the Final Plat. All of these sheets shall
constitute the Final Plat and shall be recorded when approved by
the Town of Fraser.
4.03 - OWNER agrees to provide "as-built" surveys for
condominium and townhouse projects for which the Town Board must
indicate approval thereon prior to filing with the Grand County
Clerk and Recorder. The "as-built" maps shall show the location of
the buildings to tie points, the location of roads, alleys,
sidewalks and easements, and show the horizontal and vertical
survey dimensions to properly describe the air space of the
condominium or the location of the townhouse. Therefore, the Final
Plat, prepared prior to actual construction, need not be exact in
showing proposed building locations, but shall show the approximate
locations of such buildings. Such "as-built" maps must be on a
scale of 1:20.
Article 5.00 - Development Plan of Property Following Annexation
5.01 - Accompanying this Agreement is a Planned Unit
Development (PUD) plan for the property to be annexed and other
documents describing the development. These documents have been
presented to the Fraser Planning Commission for their review.
Although the Town does not have formal PUD regulations, it is
proposed that the land use and zoning of the annexation parcel be
considered under the guidelines of standard PUD regulations. Under
this scenario it allows the developer to master plan the entire
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development under the auspices of the Town's subdivision and
planning regulations. The PUD indicates that general plan for the
entire development. No changes can be made without the Town's
approval. As additional controls for the Town, each phase of the
development must be platted in accordance with the applicable
building and subdivision regulations. This procedure gives the
Planning Commission and Board of Trustees a continual review and
approval process throughout the development.
Article 6.00 - Withdrawal of Petitions for Annexation
6.01 - The parties understand and agree that the filing by the
OWNERS of its Petitions for Annexation is not intended to be an
irrevocable act. Rather, the OWNERS, in filing said Petitions, and
FRASER, in accepting them, both specifically intend that they are
filed and accepted subject to withdrawal by OWNERS at their
discretion at any time prior to Town's approval by Ordinance of the
Annexation of any part or all of the Property.
6.02 - If the Petitions for Annexation (or any of them) are
withdrawn, this Agreement and those Petitions shall become null and
void in all respects except for that part of the Agreement
obligating.OliNERS to pay all attorney's fees and costs of FRASER.
Article 7.00 - Annexation
7.01 - FRASER may proceed_to annex the PROPERTY subject to the
terms and conditions of this Memorandum of Agreement.
7.02 - Upon completion of the annexation of Parcel A of the
PROPERTY, FRASER shall proceed forthwith to annex Parcel B.
7.03 - Upon completion of the annexation of Parcel B of the
PROPERTY, FRASER shall proceed forthwith to annex Parcel C.
7.04 - FRASER may not annex less than all the PROPERTY.
7.05 - All annexations shall be in accordance with the
Colorado Municipal Annexation Act of 1965, as amended.
7.06 - Upon the adoption of all Ordinances annexing the
PROPERTY, the obligations of both the OWNERS and FRASER, as set
forth in this Agreement, shall thenceforth be unconditional.
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Article B.OO - Superior Authority
8.01 - It is agreed that this Agreement does not obviate any
legal requirements placed on the OWNERS or any subsequent owner or
developer of subject Property, that may affect the subject Property
or any development thereof by virtue of any federal, state,
regional or county laws, statutes or regulations which
jurisdictions have authority over such PROPERTY or development.
This paragraph is not intended to acknowledge the existence of such
authority by any such governmental agencies but is intended to
become operative if such governmental agencies do in fact have
requisite authority over the PROPERTY or development.
8.02 - To the extent of any such necessary compliance as
described in Paragraph 8.01 above, there will be a condition
precedent to the issuance of any building permit, plat approval or
other action by FRASER approving any aspect of the development,
that such compliance or exemption therefrom be made. The OWNERS
agree to such compliance to any such applicable authorities
superior to FRASER. However, FRASER shall not require evidence of
compliance or exemption for any such statutes, laws or regulations
unless there is such requirement in the applicable statute, law or
regulation or unless FRASER has been notified by the superior
authority that there is a violation or failure to comply with
regard to such development.
Article 9.00 - Notice of Default
9.01 - If the OWNERS or FRASER shall conclude that the other
party had defaulted in the performance of any obligation under this
Agreement, including Parts I and II, it shall give written notice
to the other party, setting forth with particularity the nature of
the default and specifying the applicable portions(s) of this
Agreement for which default is claimed. The other party shall have
one hundred and twenty (120) days within which to correct such
default (or such longer time as may be reasonably necessary, if it
cannot be corrected within 120 days) or to commence a court action
in Grand County District Court to determine if default has
occurred.
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Article 10.00 - Remedies in Event of Default
10.01 - If the OWNERS are in default as described above,
FRASER shall not be required to take any action to permit the
granting of any building permits, plat approvals or other
affirmative activities required of FRASER under this Agreement.
Upon correction of any such default by the OWNERS, FRASER shall
then grant the pending approvals.
10.02 - Either contemporaneous with, or subsequent to the date
of any Notice of Default given by FRASER as provided in Paragraph
10.01 above, FRASER may issue or cause to be issued by the
controlling authority, one or more stop orders for the pending
construction of any buildings, roads, parking lots or other
development activity located on the PROPERTY. Such stop order
shall not be issued for minor infractions of this Agreement - but
may be issued whenever such defaults adversely affect (or could
have the reasonable consequence of affecting) the public health,
safety and general welfare of the citizens, residents and visitors
of the Town of Fraser. FRASER's determination of this affect shall
be final and not subject to review. The OWNERS agree to comply
with any such stop orders either until the default is corrected or
until the Grand County District Court issues its final order
evidencing the lack of such default.
10.03 - If either party shall commence a Court action, as
provided in Article 9.00 above, and in such action it is finally
determined that one of the parties is in default and the other
party is non-defaulting, and further, that the defaulting party is
not excused from such default, then the defaulting party shall pay
to the non-defaulting party its court costs and reasonable
attorney's fees associated with such action. Such obligation shall
be evidenced by a judgment duly rendered by the Grand County
District Court. This shall be the exclusive remedy for monetary
damage - but shall not preclude proper equitable remedies such as
mandamus, injunction or declaratory judgments in order to require
performance by either party in default or to restrain or prohibit
the defaulting action or inaction of the defaulting party.
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10.04 - Nothing contained in this Agreement shall preclude the
parties from pursuing any remedies they have under the statutes or
ordinances of the jurisdiction, except that the provisions of
Paragraph 9.01 above shall be followed by the parties.
Article 11.00 - Assignment
11.01 - The OWNERS may assign their rights and duties here-
under in whole or in part to others, who may in turn do likewise,
without FRASER's permission. However no such assignment shall re-
lease the OWNERS nor the PROPERTY from any Obligations or duties
imposed on the OWNERS or the PROPERTY by this Agreement, unless
specific release is given by FRASER in writing. FRASER shall not
unreasonably withhold a full or partial release of the undersigned
OWNERS if such new owners, to whom a full or partial assignment has
been made, agree to be personally bound to the terms and conditions
of this Pre-Annexation Agreement. Any such assignment permitted
herein shall automatically bind the assignee to all of the terms
and conditions of this Agreement. Any such assignment shall not,
however, be effective on FRASER as a transfer of the rights of the
OWNERS to such assignee until written notice of same is delivered
to FRASER by both assignor and assignee.
Article 12.00 - Jurisdiction
12.01 - Trial Court juris~iction of any court action arising
out of this Agreement or by virtue of any action of the O\~ERS or
FRASER relating to this PROPERTY and Agreement shall be in Grand
County District Court.
Article 13.00 - Modification
13.01 - This Agreement cannot be modified or revoked, except
in writing, signed by the parties and then OWNERS of the PROPERTY,
and specifically referring hereto.
Article 14.00 - Time Limits of Agreement.
14.01 - The OWNERS shall submit to FRASER along with Petitions
for Annexation, a general building development schedule of time
parameters for such development.
14.02 - This Agreement and the General Development Plan
attached hereto shall not be effective to bind Fraser more than
Ten (10) years after the date of the Annexation Ordinance of
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subject property. If any development is not completed within such
period, then no new building permits, plats, subdivisions or other
development activity shall be commenced thereafter without
compliance with all of Fraser's then existing Subdivision, Zoning
Building, and all other applicable Ordinances. No building for
which a building permit has been obtained and issued within above
specified years (including such appurtenances as parking, roads,
signs, etc.) shall become invalid or non-conforming by virtue of
the expiration of said time periods, or any extensions granted
pursuant to this Article.
14.03 - Notwithstanding the above, FRASER may grant extensions
hereof for 2 consecutive two year periods. The OWNERS must approve
such extensions prior to termination of the then existing period.
Such extensions shall be granted if the OWNERS are substantially
progressing with development of the Property and there are no then
existing violations of this Agreement or Attachments or Exhibits
hereto.
14.04 - Any extensions made as set forth above may apply to
less than all of subject property that has not been completed or
developed, on the express condition that FRASER must approve any
such extensions and on the condition that the property excluded
from the extension is not an i~tegral part of the Development Plan
so being utilized. FRASER shall have the right to determine if
excluded property is integral to the Development Plan.
Article 15.00 - Municipal Services
15.01 - FRASER will provide to the PROPERTY and the occupants
thereof the same municipal services it provides to other property
and occupants within its corporate limits taking into account the
public health, safety and welfare of the entire Town and the needs
of specific areas and occupants of the Town for different municipal
services. Such services shall be provided on a non-descriminatory
basis in a manner as equal in quantity and quality to those
provided elsewhere within the Fraser corporate limits as the
diverse needs of the community dictate.
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PART II
GENERAL DEVELOPMENT PLAN
Attached hereto is a General Development Plan Map (Exhibit
depicting the proposed development layout and supportive documents
(Exhibits ___) describing various physical aspects and
development constraints upon the PROPERTY and methods for mitigating
said physical constraints.
Article 16.00 - Vehicle Accommodations
16.010 - Streets and Roads
16.011 - The General Development'Plan will depict at
least one through street running in a general North/South
direction through the PROPERTY connecting the southern limits
of the Town of Fraser and County Road Number 72 and having a
minimum of a sixty (60) foot right-of-way (ROW) and a thirty
two (32) foot paved driving surface.
16.012 - Improvement of County Road Number 72 from
Highway 40 to the separated grade railroad crossing to an
eighty (80) foot ROWand a forty (40) foot paved driving
surface.
16.013 - Due to the traffic impacts of this development
upon the Town of Fraser, certain roads within the Town are to
be improved, drained prop~rly and paved with hard surface
material by the OWNERS as described below:
Mill Avenue: between Railroad Avenue and Doc Susie
Avenue - improve to 60 foot right-of-way and pave to a 32
foot surface width;
Railroad Avenue: between Byers Avenue and Mill
Avenue - improve base and pave to a 20 foot surface;
Byers Avenue: between Railroad Avenue and Highway
40 - improve to 60 foot right-of-way and pave to a 32
foot surface width;
Doc Susie Avenue: between Byers Avenue and Mill
Avenue - improve base and pave to a 20 foot surface
width.
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All street intersections involving one or more above
streets shall be paved.
All paving of these streets is to be completed either before
or at the completion of a minimum of 50% of the planned number
of residential units or commercial footprint space as
described in the General Development Plan, whichever first
occurs.
16.014 - The OWNERS agree to acquire fee ownership (free
of liens) of property described as that portion of Byers
Avenue between Doc Susie Avenue and H~ghway 40 and Doc Susie
Avenue between Byers Avenue and Mill Avenue for transfer to
the Town of Fraser and pay any transfer or condemnation costs
of the Town as a condition of this Agreement. FRASER agrees
to condemn said portion of Byers Avenue and Doc Susie Avenue
should transfer by negotiation fail. No building permits
shall be issued until such rights of way have been obtained
and transferred to the Town of Fraser.
16.015 - FRASER agrees to modify its Traffic Code to make
Doc Susie Avenue between Byers Avenue and Mill Avenue, and
Railroad Avenue between Mill Avenue and Byers Avenue a one-way
system in a clockwise manner; Mill Avenue, Byers Avenue and
Railroad Avenue between Byers Avenue and Eisenhower Drive are
to remain two-way.
16.016 - All streets and roads shall be adequately
lighted for security and safety purposes and shall meet the
specifications of the Town of Fraser on the condition that
such specifications are applicable to all areas of the Town in
a general manner and do not prescribe special requirements for
the PROPERTY exclusively. All other local public roads not
specifically described herein (meaning all roads to be either
dedicated to the public or the Town, or those roads to be used
by the general public), shall be paved with asphalt and have a
24 foot surface width.
16.017 - It is a condition to the issuance of building
permits that there be roads providing access to all buildings
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and that such roads be graded and graveled prior to
commencement of construction of any such building for which
the roads are so constructed, and maintained to this standard
until properly paved as provided in this Agreement.
16.018 - It is a condition to the issuance of any
certificate of occupancy that all roads required for access
and service, as well as required parking spaces and loading
zones, be completed to the Town's specifications and be paved
with asphalt. However, if the weather would not permit the
paving of all or part of the roads, as described herein, at a
time when all other requirements have been met to the issuance
of certificates of occupancy, then the certificates shall be
so issued if said roads and other areas are graveled and
compacted sufficient to allow expected use thereof.
Thereafter, when weather permits and in no case later than one
year after the initial certificate of occupancy was issued,
the areas shall be paved and otherwise completed. It shall be
a valid reason to deny later request for building permits on
other improvements, that the conditions of this Paragraph have
been violated.
16.019 - OWNERS shall convey easements of sufficient size
and width for utility purposes, to the Town or other
appropriate utility supplier, along all streets, roads and
parking and loading areas.
16.020 - Should any private streets, roads, parking and
loading areas, or service accesses be deemed not constructed
and maintained to Town standards at a future date and should a
property owner's association desire that these roads be
dedicated to the public, then it is the responsibility of the
home or property owner's association to improve said roads and
areas to Town specifications before dedication can take place.
16.021 - OWNERS agree to reconstruct the intersection of
County Road 72 and Highway 40 to the specifications and
recommendations of the County Road Department, the State
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Highway Department and any future specifications of the Town
of Fraser.
16.030 - Bridges
16.031 - If any bridges need to be constructed on the
PROPERTY for public or private ways (such as roads, paths,
trails, etc.) these are to be constructed at developer's
expense and in full compliance with the dredge and fill laws
of local, state and federal jurisdictions. Further, for any
vehicular roads or streets, the bridges shall be constructed
in accordance with applicable bridge and street specifications
of the Town of Fraser applicable thereto at the time of
construction. Should no standards be in force and effect in
Fraser at the time of construction, then the bridge standards
of Grand County will be complied with by Owners.
16.032 - All bridges are to be completed at the time of
application for certificates of occupancy aggregating 25% of
the residential units permitted to be built in Parcel A
pursuant to the Final Plat.
16.040 - Parking and Loading Areas
16.041 - The parking specifications of the Fraser Zoning
regulations will be followed with following exception:
restaurants or eatin~ and drinking establishments - 1
parking space per 150 square feet of gross floor area.
16.042 - Through traffic shall not be routed through
parking areas.
16.043 - Parking areas shall be landscaped, by the time
paving has been completed, in order to screen as much as
possible such parking areas from contiguous public roads and
within the parking areas in order to create an aesthetically
pleasing visual impact. Such landscaping shall be designed so
as not to hinder snow removal or proper drainage.
16.044 - Parking areas which are built to satisfy the
requirements for any residential units shall be located no
further than 200 feet from the building housing those
residential units.
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16.045 - All parking areas shall be adequately lighted
for security and safety purposes.
16.046 - No parking spaces nor permitted temporary
parking shall be allowed on "through" access streets or local
streets unless paving in addition to the road and street
requirements is made in order to provide paved conventional
size parking spaces along such roads.
16.047 - All parking lots shall have vehicular access
thereto of two in number of width suf~icient for two lanes of
traffic at each access.
16.048 - All parking areas will be paved with hard
surface material as per Paragraph 16.018 of this Agreement.
Article 17.00 - Utilities
17.010 - Water
17.011 - OWNERS represent to Town that they own
sufficient water rights to supply all of the water needs of
this development of the PROPERTY. OWNERS understand, and the
Town so states, that it is relying on this water availability
in order to consent to the annexation of this PROPERTY to the
Town. If OWNERS did not have sufficient water for this
development, OWNERS under?tand that the Town would neither
annex any part or all of the PROPERTY, nor agree to supply and
service water needs to any part or all of the PROPERTY.
17.012 - OWNERS have received a quit claim deed from
Frank J. Johns for certain water rights described as:
An undivided sixty-four percent of the water
,
)"
"
available from Elk Creek under Frank J. Johns right,
title and interest in and to the water right decreed to
Elk Creek Ditch No.2, which structure was awarded 3.125
cubic feet of water per second of time under
Appropriation No. 102, date of Appropriation July 23,
1894, decreed on August 11, 1906 by the District Court in
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and for the County of Grand, State of Colorado, in the
matter of the Adjudication of Rights to the use of water
in Water District No. 51 for purpose of irrigation. The
point of diversion for such Elk Creek Ditch No. 2 was
changed to a new point of diversion by decree of the
District Court in and for the County of Grand, State of
Colorado, which decree was issued on March 9, 1922, and
was recorded at Book 98, Page 494 of the Records of the
Clerk and Recorder, Grand County', Colorado;
Together with an undivided sixty-four per cent of
Frank J. Johns' right, title and interest in and to the
Elk Creek Ditch No. 2 and the easements and right-of-way
appurtenant thereto.
All of said water is appurtenant to that part of Property
lying East of County Road 72, together with additional
property not included in the Annexation. There are no water
rights appurtenant to the PROPERTY located West of County Road
72.
17.013 - Said water rights are not encumbered.
17.014 - OWNERS shall convey to the Town, at the same
time as the Annexation of the PROPERTY is approved by the
Town, all of the water rights as described in the deed
attached hereto as Exhibit B. Such deed shall be in the from
attached hereto as Exhibit B. Town shall execute and deliver
to OWNERS a Lease of the described water rights
contemporaneous with the delivery of the water deed described
in 16.015 above. Such Lease shall be in the form attached
hereto as Exhibit C.
17.015 - OWNERS hereby guarantee to provide the Town with
sufficient water for the needs of all water uses on the
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subject PROPERTY [including but not limited to domestic,
household, commercial (but not sale or resale of water by any
commercial businesses), fire protection, storage, and all
other usual, customary and legitimate municipal uses]. The
Town shall have the right to use the water so supplied by
OWNERS for other water users and property located in the Town
- it being contemplated by the parties that the Town shall be
initially supplying water needs to subject PROPERTY from water
rights the Town now owns, and that at'some time in the future
the water owned by OWNERS, as needed for development of
subject PROPERTY, shall be utilized and incorporated into the
Town water system for general usage by the entire Town. OWNER
shall also convey to FRASER sufficient easements (in length
and width) in order to enable FRASER to transfer any water
being provided by OWNERS from the point of diversion to
FRASER'S water system - as FRASER may decide.
17.016 - While OWNERS believe that the water rights as
described in Paragraph 17.012 above will be sufficient, when
adjudication has been completed in the proper Colorado Courts,
to meet the obligations of this Agreement, nevertheless there
is no guarantee that thes~ water rights are in fact
sufficient. Therefore, if these water rights are determined
by a professional water engineer to be insufficient for the
density, uses, demands and needs of the proposed development,
then OWNERS shall be obligated to acquire and transfer to
FRASER sufficient water rights to comply with this obligation.
When the water rights as described in 17.012 are adjudicated
by final Court order and two independent professional water
engineers determine that the water rights are in fact in
excess of the density, uses, demands and needs of the proposed
development, then FRASER shall convey back to OWNERS such
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excess rights on the condition that FRASER shall have priority
usage of all such water rights described in Paragraph 17.012
as adjudicated.
17.017 - OWNERS will install, according to the current
specifications, all water mains, manholes, connections,
service lines, and other water system equipment as required,
at their own expense (without reimbursement from FRASER) from
the point within Fraser at which such connections can be made
according to FRASER's regulations. Maintenance for any water
mains, manholes or other public water'improvements shall be
performed by OWNERS for one year after the lines and equipment
have been installed and commenced to be used. FRASER shall
maintain thereafter only if such lines and equipment have been
properly installed and are operating properly.
17.0l8(A) - OWNERS agree to undertake and pay for a plan
of augmentation of the subject water rights, and any others
that may be required to meet the OWNERS obligations in this
Agreement. Such plan shall include all costs associated
therewith, including but not limited to engineering, geology,
legal services of independent or outside counsel as well as
time and expenses of the Fraser Town attorney to the extent of
any costs of FRASER direc~ly relating to such augmentation
(including legal services and court activities). FRASER shall
have the right to approve or disapprove the utilization of
particular engineers, geologists, water attorneys and other
specialists upon whom the OWNERS and FRASER will be relying
for advice in such augmentation.
17.018(B) - Parties agree that FRASER is authorized to
contract with the Northwest Colorado Council of Governments
(~mCCOG) for use of ~tr. Gerald Dahl as special water attorney
to advise FRASER regarding the augmentation. This shall
include activities in or out of court, meeting with OWNER, its
water engineers, or others, and proceeding with activities
furthering the augmentation. Such contract shall be at the
initial rate of $35.00 per hour plus out-of-pocket costs.
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Billing will be made by NWCCOG directly to FRASER for which
OWNERS shall reimburse FRASER immediately upon receipt by
OWNERS of the bill. Any sums past due from OWNERS to FRASER
for these legal services or for any other costs or expenses
required to be paid by OWNERS to FRASER, shall incur interest
at the rate of two per cent (2%) per month, plus reasonable
attorney's fees and court costs of collection.
17.0l8(C) - OWNER intends to augment the water rights
deeded to the Town along with other water rights it has.
OWNER shall be using their own water 'attorney and water
engineers. The Town may hire the services of a water engineer
to verify any technical opinions rendered by OWNER'S
engineers. Costs of such water engineer shall be paid by
OWNER in the same manner as the Town Attorney and Special
Water Attorney as described elsewhere in this Agreement.
17.019 - FRASER shall not be obligated, and shall have
the right, to withhold building permits, subdivision or
condominium approvals or preliminary and final plats, if
OWNERS are not proceeding with due diligence to complete the
said augmentation of all required water rights or the
acquisition of additional or different water rights and their
proper augmentation.
17.020 - Sewer
17.021 - Owners agree to construct all sewer lines on the
PROPERTY and from the PROPERTY to the closest currently
constructed sewer line of adequate size within or outside of
the Fraser Sanitation District's boundaries and to the
District's specifications at OWNER's expense, and to comply
with all regulations of the Fraser Sanitation District.
17.022 - OWNERS must present a letter from the Fraser
Sanitation District stating its (Sanitation District's)
ability to serve with sewer each phase of the development or
each subdivision plat and commercial development review.
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17.030 - Drainage
17.031 - Prior to any construction or final plat approval
the OWNERS will develop a general engineered drainage plan for
the entire planned development that will show:
- general snow storage areas and drainage;
- 100 year flood plain analysis and plans to mitigate
flood plain problems;
- general contour lines at two foot intervals;
- erosion and run-off mitigation methods both during and
after construction;
- water quality preservation plan for Elk Creek and
subsequently the Fraser River;
- Quantify historical run-off to and from PROPERTY and
the mitigation methods for accommodating increased
run-off due to development of the PROPERTY.
17.032 - OWNERS will present a specific drainage and snow
storage plan at each subdivision plat phase during development
of the PROPERTY.
17.033 - OWNERS will comply with any applicable laws of
the Town of Fraser, County of Grand, State of Colorado, or the
United States of America for the maintenance of water quality
and water pollution control.
17.034 - Prior to any construction, OWNERS will move at
their expense the drainage ditch, lying immediately south of
Mill Avenue, onto the PROPERTY and integrate it into the
overall drainage design plan.
17.040 - Buried Utilities
17.041 - Electrical power, telephone and television
utility lines will be buried.
Article 18.00 - Building Construction and Spacing
18.010 - All buildings within the development shall conform to
the building height restrictions applicable for the particular
zoning in which the buildings are located, as such zoning may be
changed from time to time.
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18.020 - All buildings shall be constructed to comply with any
and all building codes in effect at the time of construction,
including, but not limited to the following:
a) Uniform Building Code, 1979 Edition;
b) Uniform Building Code Standards, 1979 Edition;
c) Uniform Mechanical Code, 1979 Edition;
d) Uniform Fire Code, 1979 Edition;
e) Uniform Fire Code Standards, 1979 Edition;
f) Uniform Code for the Abatement of Dangerous
Buildings, 1979 Edition;
g) Uniform Housing Code, 1979 Edition;
h) Colorado Energy Conservation Standards, 1979 Edition;
i) Any other Uniform Codes, whether amended hereafter or
not, if adopted by the Town of Fraser subsequent to the
date of this Agreement, relating to use, placement,
construction, repair, insulation and other matters
relating to buildings and structures for purposes of
protecting the public health, safety and general welfare.
18.030 - Fire protection on the PROPERTY is under the
authority of the East Grand Fire Protection District, and OWNER
shall consult the District with respect to all building plans upon
the PROPERTY and the location and frequency of fire hydrants.
Unless exempted by the District in writing, any buildings shall
comply with the Uniform Fire Code and its Standards in effect at
time of construction.
18.040 - Energy Conservation
18.041 - All buildings shall be located so as to take
advantage of any passive or active solar heating as deemed
appropriate by the OWNERS in the interest of energy
conservation.
18.042 - Commercial areas utilizing open plazas, malls
and such other open areas shall be oriented as much as
possible to maximize solar heat reception and retention.
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18.043 - The design and location of buildings shall take
into account solar access to other buildings, whether located
on subject PROPERTY or adjacent properties.
18.050 - Residential/Commercial Construction Ratios
18.051 - Building permits shall not be issued by Fraser
for more than 110 residential units until such time as
building permits are issued for and construction is
substantially complete of at least 20,000 square feet of
commercial area, which need not be all footprint area.
18.052 - Notwithstanding the above, the Town shall grant
variances to allow additional residential building permits to
be issued (in such number as the Town decides) if the OWNER
presents an economic study from a professionally qualified
person verifying that it is then economically detrimental to
the OWNER to construct any part or all of the required
commercial space. Economic detriment shall mean an inability
to rent or otherwise use the required commercial space so
requested to be constructed at a later date.
Article 19.00 - Commercial Development Review
19.010 - Development plans of commercial sites and buildings
will be reviewed by the Fraser Planning Commission for conformance
to elements of this Agreement. Approval of plans by the Commission
is required before building permits may be issued. Any commercial
development regulations existing at the time of review by the
Planning Commission will also apply.
19.020 - Any commercial development plans will be accompanied
by a specific landscape plan for a minimum of fifteen per cent
(15%) of the open space area provided.
Article 20.00 - Fire House, School Lands and Other Donations
20.010 - Fire House
OWNER shall designate on any Final Plat a part of the subject
property which shall be made available for use as a Fire House by
the East Grand Fire Protection District. OWNER agrees to seek the
opinion, without having to be bound to conform, of the East Grand
Fire Protection District regarding the location, size and other
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physical characteristics of the Fire House.
If the East Grand Fire
Protection District should fail to make a written decision, within
one year after the date of recording of the Plat, that it intends
to use the designated area as a Fire House within a stated period
of time, and that construction of the Fire House has not started
within Nine (9) years after the date of recording of the Final Plat
(with completion of construction within One (1) year after having
started), then OWNERS shall be able to use such designated area for
any other use or purposes not otherwise in conflict with this
Agreement - it being the intent not to require such property to be
used for a Fire House or other public purpose unless the East Grand
Fire Protection District indicates its intent as described above.
20.020 - School Land
When application is made for any building permits, or at such
time as final plat is submitted for approval of division of land or
airspace, the OWNERS, if FRASER has in effect a requirement for
property owners subdividing land, shall either deed land or pay
funds in lieu of lands, for public school purposes as calculated
according to the provision of such Ordinance or requirement. OWNER
agrees to comply with such Subdivision requirement even though no
such subdivision requirement existed at the time OWNER obtains
Pinal Plat approval. Any such donation of land or fees calculated
at any particular time for an estimated density, size or other
criteria shall not be re-assessed at a later date for that same
density, size or other criteria; but such earlier donations shall
not constitute a waiver of right to additional donations of land or
funds for increased density, increased size or increase in such
pertinent criteria upon which the lands or funds donation was
computed. OWNERS shall be credited for any fees or lands earlier
donated or paid by OWNERS to or on behalf of the applicable School
District, and on account of the subject development.
20.030 - Other Donations
OWNERS agree to comply with any Ordinances, Regulations or
Resolutions regarding the donations, contribution or conveyance of
any lands or funds for any purpose as contained in such Ordinances,
Regulations or Resolutions only on the express condition that such
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matters are of general application in the Town and do not impose
their burdens just on the OWNERS project or development as special
legislation. This condition shall be met if such matters are
included generally in the Subdivision Regulation or Zoning
Ordinance. Any specific variances granted by Fraser to any
developer shall not entitle OWNER to be exempt therefrom.
Article 21.00 - Setbacks
21.010 - The minimum setback of buildings from parking spaces
shall be 10 feet but sufficient space shall be provided for access
of fire equipment and trucks to the building.
21.020 - There shall not be any setback requirements from
fences except that such fences may not lie in areas for which any
setback requirements apply.
21.030 - All exterior boundaries shall be landscaped or bermed
in order to provide a buffer zone.
21.040 - All structures or other improvements constructed on
the PROPERTY shall not be closer than thirty (30) feet to the high
water mark of each side of Elk Creek. Such 30 foot area shall be a
non-disturbance zone. At such time as a final plat is approved by
FRASER for any division of land or airspace, or when a commercial
development is reviewed, the OWNERS shall present plans that will
not degrade the fishery of Elk_Creek.
Article 22.00 - Employee Housing
22.010 - The OWNERS, at time of Commercial Development Review,
shall present to FRASER a detailed employee housing and marketing
plan and study to assure FRASER of the availability of adequate (as
to comfort and cost) employee housing either on or off the PROPERTY
for the employees which are expected to be generated by the
improvements being constructed, and from the uses intended for such
improvements.
Article 23.00 - Public Transit
23.010 - The General Development Plan shall designate the
accommodation of public transportation (auto and bus) on the
PROPERTY. As such time as subdivision plats or commercial
developments are reviewed, there shall be included in building
location, parking areas, access and service roads a transit design
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in order to enhance the use of such public transportation. All
commercial and residential structures shall be provided with
covered loading areas for use by public transportation systems.
Article 24.00 - Signs
24.010 - All signs shall conform to the applicable Fraser
Zoning Ordinance or Sign Codes in effect at time of construction of
such signs, with the following requirements being conditions
notwithstanding anything to the contrary in such applicable
Ordinances:
24.011 - No sign shall be allowed on any roof of any
building;
24.012 - If any sign is to be lighted, it shall only be
lighted indirectly;
24.013 - There shall not be any mechanical, revolving nor
moving signs of any type.
24.020 - The OWNERS agree to provide standard speed and street
signs for the public dedicated or deeded streets and roads (except
for intersection identifications). The OWNERS also agree to
provide and install all other signs, including but not limited to
the following:
24.021 - Intersection signs for non-public roads and
street identification signs;
24.022 - Emergency lanes and accesses;
24.023 - No parking areas in such areas as emergency
zones, loading zones, etc.;
24.024 - Any others as needed for orderly traffic flow.
Article 25.00 - Revegetation
25.010 - In order to ameliorate the visual impact of disturbed
soils after construction, upon completion of any construction
phases when certificates of occupancy may otherwise be issued,
OWNERS shall revegetate those disturbed areas with such vegetation
as will be compatible with the climate and which will create an
aesthetically pleasing visual impact.
Article 26.00 - Maintenance of Non-Public Areas
26.010 - The OWNERS agree to provide for the maintenance of
all private streets, bridle paths, pedestrian trails, malls,
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sidewalks, private common open space, private recreational
facilities, clubhouses, storm water and drainage systems, including
detention ponds and detention areas, man-made lakes and ponds, and
private rights-of-way in the development, by creating one or more
"homeowner's or property associations" or "not-for-profit
corporations". The provisions of such homeowner's or property
association or corporate charter and by-laws and any covenants used
in their enforcement insofar as they relate to such maintenance and
means for providing funds therefor, shall be submitted to FRASER
with the final plat for each subdivision of land or airspace. Such
document shall impose assessments to owners of benefitted property,
with lien rights for non-payment of such assessments.
26.020 - It is understood that FRASER shall have the right to
enforce all of the provisions of such homeowners association or
not-for-profit corporation charter, by-laws and covenants, with
respect to such maintenance and that all such documents shall so
provide. Said documents shall also provide that FRASER shall have
the right to impose assessments and liens for such maintenance
costs to the same extent as the homeowner's association or similar
entity having maintenance authority.
26.030 - It is further agreed that the homeowners or property
association or not-far-profit ~orporation by-laws, charter,
articles of incorporation and covenants will specifically provide
that the same shall not be amended with respect to assessment and
lien rights, or dissolved, without the approval of FRASER.
Article 27.00 - General Development Plan Review
27.010 - Besides review and approval of the General
Development Plan (GDP) by FRASER, the GDP will also be submitted by
the OWNERS to the following agencies and entities for review and
comment prior to annexation. Review and comment will be requested
to be completed and returned to FRASER within ten (10) days and the
OWNERS shall submit evidence of mailing by return receipts,
affidavits or comparable evidence:
U. S. Soil Conservation Service
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Colorado Land Use Commission
Colorado State Department of Health
Colorado Division of Wildlife
Colorado Department of Highways
Grand County Department of Planning and Development and
Department of Roads
East Grand School District
East Grand Fire District #1
Fraser Sanitation District
Fraser Water Board
Mountain Parks Electric
Mountain Bell
Public Service Company of Colorado
Article 28.00 - Conflicting Regulations
28.010 - If any statute, ordinance, regulation or other
requirement of any agency having legal jurisdiction over the
PROPERTY or development for which the within Agreement has also
made requirements, then if such statute, ordinance, regulation or
requirement (including those adopted hereafter) is less stringent
than that contained herein, then the requirements of this Agreement
shall be binding and shall be performed. No such statute,
ordinance, regulation or other_ requirement that is more stringent
shall be required herein if such is not of general application for
all other property of similar or same criteria as subject PROPERTY
or development.
Article 29.00 - severability
29.010 - If any part of this Agreement shall be held
unenforceable by a Court of competent juriSdiction, or if any
initiative election cause the invalidation of any Ordinance,
Resolution or other action of FRASER adopted with regard to this
Agreement, the PROPERTY or development thereof, then FRASER shall
have the right to disannex the PROPERTY from the Town boundaries
and to that extent the OWNERS shall cooperate in such
disannexation.
29.020 - If FRASER does not take the disannexation action
described in Paragraph 29.010 above at such reasonable time after
- 27 -
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the right to disannex so arises, then such unenforceability of any
portion of this Agreement, Ordinances, Resolutions or other actions
of FRASER with respect to this Agreement and development shall not
affect the enforceability of the remaining portions hereof.
IN WITNESS WHEREOF, the parties have hereunto subscribed their
signatures this ~ day of
(cfi/1b, v
, 1981.
OWNERS OF THE REAL PROPERTY
DESCRIBED HEREIN, WHICH IS
THE SUBJECT OF THE REQUEST
FOR ANNEXATION
d:/~E^d~~
DONALD N.' DRAKE
Post Office Box 2
Winter Park, Colorado 80482
Subscribed to and sworn
to before me this ~ day
of IJ~~~ , 1981
by Donald N. Drake.
/'~
r;i?!Ey ~bl~~~~
My Commission Expires:
J/-cQtJ -8~ .d,
Address: ~~~
/ / ~IY?'J 121/ (":;a....-r.b (!,., p P' ~.,;L
Subscribed to and sworn
to bed7~is ~ day
of , 1981
by Walter L. Meyer.
\ L4-;a:
JAMES H. GIBSON .
1913 Pawnee Drive
Fort Collins, Colorado 80521
~ ~])
" :.-vJ t), C~A~
o ary Public
My Commission Expires:
1/-.;2o-g~ d
Address: ,j ~ ::J./
--.
u/~il'.h'- ?~tP& f'dl'.f~
Subscribed to and sworn
to be~re me this ~ day
of V{':fj4k ' 1981
by James H. Glbson.
1/
NO)1ary PubllC
My Commission Expires:
II-C),:; -g~..:l
Address: \L/4-.:J-
Lv ~ /;j (iJ.uk t!o tet f/fe?-
- 28 -
ýÿ
FRASER
THE TO\VN OF FRASER, COLORADO,
acting by and through its
Board of Trustees
By:
.f! M.~ OAtfJ {I .la r;'vt cu.d
Mayor
ATTE~ .[!jUt'! [0ift,L
Town Clerk
STATE OF COLORADO
ss:
COUNTY OF GRAND
~gf(g
attested to by V1rg1n1a
Colorado, acting by and
instrument was acknowledged before
, 1981, by Richard A. Leonard,
Winter, Town Clerk, of the Town of
through its Board of Trustees.
me on
Mayor, and
Fraser,
Witness my hand and offi 'al seal.
My Commissi
Address:
(8 E A L)
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ýÿ
STATE OF COLORADO )
COUNTY OF ~(i/Y) L l
ss:
The foregoing Special Warranty Deed was acknowledged before me
this :J 9
day of (()('f/)htA)
, 1981 by Donald N. Drake, Walter L.
Meyer and James H. Gibson.
Witness my hand and official seal.
My commission expires II -do - ,fL/
/:
C7 ~11~~
NO~ P,ublic (
Address: jJ~;;J
(1-JI1'mfi,A/ (.--)o.AJ (J/) (;7(/ t/J?~
~
(5 E .r>.. L)
- 2 -