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HomeMy Public PortalAboutOrdinance #107 TOI'1N OF FRASER ORDINANCE NO. JD7 AN ORDINANCE PROVIDING FOR THE ANNEXATION OF TERRITORY TO THE TOWN OF FRASER, COLORADO; PROVIDING FOR THE ZONING OF SUCH ANNEXED PROPERTY, AMENDING THE OFFICIAL ZONING r1AP OF THE TOWN OF FRASER AND AMENDING THE FRASER ZONING ORDINANCE; PROVIDING FOR A PLANNED UNIT DEVELOPMENT UPON SAID ANNEXED PROPERTY, ADOPTING AN APPROVED PUD PLAN THEREFOR AND AUTHORIZING THE ISSUANCE OF A PUD SPECIAL USE PERMIT IN CONNECTION THEREWITH; AND EXEMPTING THE DIVISION OF SAID ANNEXED PROPERTY FROM THE PROVISIONS OF THE FRASER SUBDIVISION REGULATIONS. WHEREAS, the Town of Fraser, Colorado, acting by and through its Board of Trustees, has heretofore entered into an Agreement with Winter Park Ranch, Inc., a Colorado corporation, which Agreement was duly authorized pursuant to Ordinance 99, Series 1981, of the Town of Fraser; and WHEREAS, said Agreement concerns the proposed annexation of certain lands owned by \..Jinter Park Ranch, Inc. to the Town of Fraser and sets forth the pr~cedures to be followed in determining if said land could be annexed to the Town of Fraser upon terms mutually agreeable to both parties thereto; and WHEREAS, pursuant to the terms of said Agreement, Winter Park Ranch, Inc. has filed with the Town of Fraser four (4) Petitions for Annexation relating to the annexation of all property encompassed by said Agreement; and WHEREAS, winter Park Ranch, Inc. has also filed proper applications with the Town requesting that the Town zone said property proposed to be annexed, that the Town approve a Planned Unit Develop- ment upon said property, and that the Town grant an exemption from the provisions of the Fraser Subdivision Regulations for divisions of said property, all as contemplated by said Agreement entered into ~ursuant to Ordinance 99, Series 1981; and WHEREAS, a special meeting of the Board of Trustees was held at the hour of 7:30 o'clock p.m. on the 24th day of March, 1982, for the purpose of considering and taking final action on said Petitions for Annexation and said applications filed by Winter Park Ranch, Inc.; and WHEREAS, the Board of Trustees has made detailed findings and determinations with respect to said Petitions for Annexation and said applications filed by Winter Park Ranch, Inc. and has caused the same to be entered upon the record of the proceedings held before the Board at said special meeting; NO\\T THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TO\\TN OF FRASER, COLORADO, THAT: Section 1. 1 Section 1. 2 ARTICLE I ANNEXATION Findings. There is hereby incorporated herein all of the findings and determinations made by the Board of Trustees and entered upon the record in connection with the annexation proceedings concerning the hereinafter described properties, including, but not limited to, the following: (a) That Winter Park Ranch, Inc., the owner of one hundred percent (lOO%) of said properties, exclusive of streets and alleys, has filed with the Board of Trustees petitions for the annexation of said properties to the Town of Fraser, Colorado; and (b) That each of said properties is eligible for annexation as provided in "The Municipal Annexation Act of 1965". First Annexation. Pursuant to Section 31-12-107 (I) (g) , Colorado Revised Statutes, 1973, as amended, and the first Petition for Annexation submitted by said petitioning landowner, Winter Park Ranch, Inc., the following described property included in said first Petition, to wit: A parcel of land in the West 1/2 of Section 20, Township 1 South Range 75 West of the 6th P.M. described as follows: Beginning at a point on the West line of the Northwest 1/4 of said Section 20, from which point the West 1/4 corner of said Section 20 bears S- OOOll'OO"-E 190.79 feet; thence N-OOOll'OO"-w along said West line 442.93 feet to the Northerly right-of-way line of the old county road as described in Book 59 page 304; thence N-74020'00"- E along said Northerly right-of-way line 168.74 feet; thence N785055'OO"-E along said Northerly right-of-way line of old county road 69.37 feet to a point on the Northerly right-of-way line of the New County Road; thence S-32048'50"-E crossing said New County Road at a substantiaJl.y right angle thereto 60.00 feet to a point on the South right-of-way line of said New County Road, and a point of non-tangent curve; thence along said curve to the right having a radius of 483.94 feet an arc distance of 104.10 feet (the chord of which bears N-63020'55"-E) to a point of compound curve; thence along said curve to the right having a radius of 195.81 feet an arc distance of 198.42 feet to a point of tangency; thence S-52025'07"-E 76.19 feet; thence S-29013'58"-W leaving said South right-of-way line of the New County Road 893.12 feet to a point on the Northerly line of a parcel of land referred to as No. 7 Rev. of the State Department of Highways Project No. FC 040- 3(7); thence N-00036'4l''-E along said Northerly line 123.94 feet; thence N-35006'40"-W along said Northerly line 294.04 feet to the Point of Beginning, Grand County, State of Colorado. - 2 - ýÿ Section 1. 3 Section 1. 4 is hereby annexed to the Town of Fraser, Colorado; and the corporate limits of the Town of Fraser are hereby extended to encompass said property. Second Annexation. Pursuant to Section 31-12-107(l} (g), Colorado Revlsed Statutes, 1973, as amended, and the second petition for Annexation submitted by said petitioning landowner, Winter Park Ranch, Inc., the following described property included in said second Petition, to wit: A parcel of land in the West 1/2 of Section 20, Township 1 South, Range 75 West of the 6th P.M. described as follows: Beginning at the Southeast corner of the SW1/4 of the NW1/4 of said Section 70; thence S-16009'39"-E 1167.79 feet to a point on the Northerly right-of- way line of U.S. Highway No. 40; thence N-66006'50"- W along said Northerly right-Of-way line 618.52 feet to a point of tangent curve; thence along said curve to the right having a radius of 1928.60 feet an arc distance of 568.30 feet; thence N- 49013'50"-w along said Northerly right-of-way line 299.58 feet; thence N-45035'40"-W along said Northerly right-Of-way line 281.19 feet; thence N- 29013'58"-E leaving said Northerly right-of-way line of U.S. Highway No. 40 893.12 feet to a point on the South right-Of-way line of the New County Road and to a point of non-tangent curve; thence along said curve to the left having a radius of 995.43 feet an arc distance of 144.10 feet (the chord of which bears S-56033'57"-E) to a point of tangency; thence S-60042'46''-E along said South right-Of-way line 47.01 feet to a point of tangent curve; thence along said curve to the right and along said South right-of-way line, having a radius of 344.74 feet, an arc distance of 91.45 feet to a point of tangency; thence continuing along said South right-of-way line S-45030'47"-E 120.03 feet to a point of tangent curve; thence continuing along said South right-of-way line and along said curve to the left having a radius of 1648.20 feet an arc distance of 485.19 feet to a point on the East line of the SW1/4 of the NW1/4 of said Section 20; thence S-OooOl'44"-E 77.68 feet to the point of Beginning, Grand County, Colorado. is hereby annexed to the Town of Fraser, Colorado; and the corporate limits of the Town of Fraser are hereby extended to encompass said property. Third Annexation. Pursuant to Section 31-12-107 (l) (g) , Colorado Revised Statutes, 1973, as amended, and the third Petition for Annexation submitted by said petitioning landowner, Winter Park Ranch, Inc., the following described property included in said third Petition, to wit: A parcel of land in the South 1/2 of Section 20, Township 1 South Range 75 West of the 6th P.M. described as follows: - 3 - ýÿ Section 1.5 Section 1. 6 Beginning at the Southeast corner of the Southwest 1/4 of the Northwest 1/4 and the most Westerly point of the Replat of Winter Park Ranch Second Filing; thence S-58024'05"-E along the Southerly boundary of said Winter Park Ranch Second Filing 1343.00 feet; thence continuing along said South- erly boundary N-31035'55"-E 214.09 feet; thence continuing along said Southerly boundary S-58024'05"- E 1518_81 feet to a point on the South line of the Nwl/4 of the SEl/4 of said Section 20; thence S- 89047'58"-W along said South line of the NWl/4SEl/4 and its extension 1351. 73 ft.; thence N-66006' 50"- W 498.10 feet; thence S-89047'58"-W 417.50 feet; thence N-16009'39"-W 1167.79 feet to the Point of Beginning, Grand County, State of Colorado. is hereby annexed to the Town of Fraser, Colorado; and the corporate limits of the Town of Fraser are hereby extended to encompass said property. Fourth Annexation. Pursuant to Section 31-12-107(l} (g), Colorado Revised Statutes, 1973, as amended, and the fourth Petition for Annexation submitted by said petitioning landowner, Winter Park Ranch, Inc., the following described property included in said fourth Petition, to wit: A parcel of land in Section 20, Township 1 South, Range 75 West of the 6th P.M. described as follows: Beginning at a point on the South line of the NEl/4 of the swl/4 of said Section 20 from which point the Southeast corner of said NEl/4 of the swl/4 bears N-89047'58"-E 124.10 feet as measured along said South line; thence S-89047'58"-W along said South line 417.50 feet to a point on the North Right-of-way line of u.S. Highway #40; thence N-66006'50"-W along said North Right-of-way line 498.10 feet; thence N-89047'58"-E 417.50 feet; thence S-66006'50"-E parallel with said North right-of-way line of u.S. Highway 40, 498.10 feet to the Point of Beginning, Grand County, State of Colorado. (The above described property is also known as the Barnstore Property described in Book 264 at Page 540.) is hereby annexed to the Town of Fraser, Colorado; and the corporate limits of the Town of Fraser are hereby extended to encompass said property. Description of Entire Annexed Property. The properties herein annexed to the Town of Fraser, as set forth in Sections 1.2, 1.3, 1.4 and 1.5 above, when taken together, constitute the following described tract of land: PARCEL A A parcel of land in the NWl/4SEl/4, Nl/2SWl/4 and SWlj4NWl/4 of Section 20, Township 1 South, Range 75 West of the 6th P.M., described as follows: - 4 - Beginning at a point on the West line of the Nwl/4 of said Section 20, from which point the Wl/4 corner of said Section 20 bears South 00011'00" East 190.79 feet; thence North 00011'00" West along said West line 442.93 feet to the Northerly right of way line of the old county road as described in Book 59 at Page 304; thence North 74020'00" East along said Northerly right of way line 168.74 feet; thence North 85055'00" East along said Northerly right of way line of old county road 69.37 feet to a point on the Northerly right of way line of the New County Road; thence South 32048'50" East crossing said New County Road at a substantially right angle thereto 60.00 feet to a point on the South right of way line of said New County Road, and a point of non-tangent curve; thence along said curve to the right having a radius of 483.94 feet, an arc distance of 104.10 feet (the chord of which bears North 63020'55" East) to a point of compound curve; thence along said curve to the right having a radius of 195.81 feet, an arc distance of 198.42 feet to a point of tangency; thence South 52025'07" East 76.19 feet; thence along a curve to the left having a radius of 995.43 feet, an arc distance of 144.10 feet (the chord of which bears South 56033'57" East) to a point of tangency; thence South 60042'46" East along said South right of way line 47.01 feet to a point of tangent curve; thence along said curve to the right and along said South right of way line, having a radius of 344.74 feet, an arc distance of 91.45 feet to a point of tangency; thence continuing along said South right of way line South 45030'47" East 120.03 feet to a point of tangent curve; thence continuing along said South right of way line and along said curve to the left having a radius of 1648.20 feet, an arc distance of 485.19 feet to a point on the East line of the SWl/4NWl/4 of said Section 20; thence South 00001'44" East 77.68 feet to the Southeast corner of the SWl/4NWl/4 and the most Westerly point of the Replat of Winter Park Ranch, Second Filing; thence South 58024'05" East along the Southerly boundary of said Winter Park Ranch Second Filing 1343.00 feet; thence continuing along said Southerly boundary North 31035'55" East 214.09 feet; thence continuing along said Southerly boundary South 58024'05" East 1518.81 feet to a point on the South line of the Nwl/4SEl/4 of said Section 20; thence South 89047'58" West along said South line of the Nwl/4SE1/4 and its extension 1351.73 feet; thence North 66006'50" West 498.10 feet; thence South 89047'58" \'iest 417.50 feet; thence North 66006'50" West along the Northerly right of way of u.S. Highway No. 40 618.52 feet to a point of tangent curve; thence along said curve to the right having a - 5 - ýÿ Section 2.1 radius of 1928.60 feet, an arc distance of 568.30 feet; thence North 49013'50" West along said Northerly right of way line 299.58 feet; thence North 45035'40" West along said Northerly right of way line 281.19 feet; thence North 00036'41" East along said Northerly right of way line 123.94 feet; thence North 35006'40" West along said Northerly line 294.04 feet to the point of beginning, County of Grand, State of Colorado. PARCEL B A part of the NE1/4SW1/4 of Section 20, Township 1 South, Range 75 West of the 6th P.M., described as follows: Beginning at a point on the South line of the NE1/4SW1/4 of said Section 20 from which point the Southeast corner of said NE1/4SW1/4 bears North 89047'58" East 124.10 feet as measured a10ng said South line; thence South 89047'58" West along said South line 417.50 feet to a point on the North right of way line of U.S. Highway No. 40; thence North 660 06'50" West along said North right of way line 498.10 feet; thence North 89047'58" East 417.50 feet; thence South 660 06'50" East parallel with said North right of way line of U.S. Highway No. 40, 498.10 feet to the point of beginning, County of Grand, State of Colorado. ARTICLE II ZONING Findings. There is hereby incorporated herein all of the findings and determinations made by the Board of Trustees and entered upon the record in connection with the zoning proceedings concerning the entire property herein annexed to the Town of Fraser, as described in Section 1.6 above, including, but not limited to, the following: (a) That a public hearing was held by the Board of Trustees concerning the zoning action hereby taken, pursuant to notice of said hearing, properly published and mailed, as required by Article XI of the Fraser Zoning Ordinance and Section 31-23-304, Colorado Revised Statutes, 1973, as amended; (b) That the zoning herein applied to said annexed property is in general conformity with the - 6 - ýÿ Section 2.2 Section 3.1 Section 3.2 Section 3.3 overall zoning of the Town of Fraser and with the master plan and/or comprehensive plan of the Town of Fraser; and (c) That it is in the best interests of the public peace, health, safety and general welfare of the Town of Fraser and the citizens thereof to zone said annexed property as in this Ordinance provided. Zoning Amendment. Pursuant to Article XI of the Fraser Zoning Ordinance, the property described in Section 1.6 of this Ordinance is hereby zoned "B - Business"; and the official zoning map of the Town of Fraser and Article II of the Fraser Zoning Ordinance are hereby amended accordingly_ ARTICLE III PLANNED UNIT DEVELOPMENT PUD Plan. The PUD Plan submitted by the applicant, Wlnter Park Ranch, Inc., and referred to in this Ordinance consists of the Agreement Between Winter Park Ranch, Inc. and The Town of Fraser, together with the Development Criteria and the Master Covenants appended thereto as Exhibits "A" and "B", respectively, which was authorized and entered into pursuant to Ordinance No. 99, Series 1981, of the Town of Fraser. Findings. There is hereby incorporated herein all of the findings and determinations made by the Board of Trustees and entered upon the record in connection with the Planned Unit Development proceedings concerning the property herein annexed to the Town of Fraser, as described in Section 1.6 above, including, but not limited to, the following: (a) That a public hearing was held by the Board of Trustees concerning the Planned Unit Development application, pursuant to notice of said public hearing, properly published and mailed, as required by Section 5.2 of the Fraser Planned Unit Development Ordinance; (b) That the PUD Plan complies in all respects with the requirements, standards, condi- tions and all other provisions of the Fraser Planned Unit Development Ordinance and with the objectives of development set forth therein; and (c) That said PUD Plan is in general con- formity with the overall zoning of the Town of Fraser and with the master plan and/or compre- hensive plan for the Town of Fraser. Tentative and Final Approval of PUD Plan. The Board of Trustees hereby grants both tentative and final approval of said PUD Plan, without conditions, pursuant to Sections 5.3 and 5.4 of the Fraser Planned Unit Develop- ment Ordinance. - 7 - Section 3.4 Section 4.1 Section 4.2 Adoption of Plan and Issuance of PUD Special Use Permit. Pursuant to Section 5.5 of the-Praser Planned Unit Development Ordinance, said approved PUD Plan is hereby adopted by the Board of Trustees; and the Mayor and the Town Clerk of the Town of Fraser are hereby authorized and directed to execute and issue to Winter Park Ranch, Inc., its successors and assigns, a PUD Special Use Permit incorporating said approved PUD Plan, which Permit and the approved PUD Plan shall govern and control the use and development of the annexed property described in Section 1.6 hereof in lieu of and with the same force and effect as the requirements of the Fraser Zoning Ordinance otherwise applicable to said property. ARTICLE IV SUBDIVISION EXEMPTION Findings. There is hereby incorporated herein all of the findings and determinations made by the Board of Trustees and entered upon the record in connection with the subdivision exemption proceedings concerning the property herein annexed to the Town of Fraser, as described in Section 1.6 above, including, but not limited to, the following: (a) That the proposed divisions of the annexed property for which an exemption is re- quested are those divisions provided for in the approved PUD Plan, adopted pursuant to Article III of this Ordinance, and specifically, those divisions provided for in the Development Criteria which are a part of said Plan; (bl That the matter of the requested exemp- tion has been first presented to the Planning Commission of the Town of Fraser, Colorado, in accordance with Section 3.3 of the Fraser Sub- division Regulations; and (cl That said proposed divisions of the annexed property are not within the purpose of the Fraser Subdivision Regulations, because the aforesaid PUD Plan and the Development Criteria which are a part thereof will adequately govern and control such divisions of the property in a manner consistent with the purposes, policies and procedures set forth in said Fraser Subdivision Regulations. Grant of Exemption. Pursuant to Section 3.3 of the Fraser:Subdivision Regulations, the applicant, Winter Park Ranch, Inc., and its successors and assigns, are hereby granted an exemption from complying with any and all provisions of the Fraser Subdivision Regulations, as the same now exist or as they may be from time to time amended after the date of this Ordinance, with respect to all divisions of the property described in Section 1.6 of this Ordinance, which are made, accom- plished or performed in accordance with the approved PUD Plan for said property adopted pursuant to Article - 8 - ýÿ Section 4.3 Section 5.1 III of this Ordinance, and all such divisions of said property are hereby exempted from the definition of the terms "subdivision" and "subdivided land", as such terms are used in said Fraser Subdivision Regulations. Condition. This exemption is granted subject to the condition that the applicant, Winter Park Ranch, Inc., and its successors and assigns, shall pay to the Town of Fraser all lawful subdivision fees which would otherwise be payable with respect to divisions of said annexed property were it not for the exemption herein granted. Such subdivision fees shall be limited to those fees uniformly imposed with respect to all subdivisions pursuant to the Fraser Subdivision Regula- tions, as the same now exist or as they may be amended from time to time in the future, which are assessed in connection with the filing of any sketch plan or plat, whether preliminary or final, of a proposed subdivision and which are intended to cover the costs incurred by the Town in reviewing such subdivision proposals. The subdivision fees provided in this Section 4.3 which become due as a result of any division of all or any part of the annexed property shall be paid to the Town, according to the uniform fee schedule then in effect for all subdivisions within the Town, upon the occur- rence of either of the following events, whichever is first to occur: (a) The filing of an application for a building permit for any structure to be located upon said property which will include, constitute or create a "subdivision", as that term is defined in the Fraser Subdivision RegUlations then in effect; or (b) The execution or recording of any plat, deed, contract or other instrument which constitutes or creates a "subdivision" of said property, as that term is defined in the Fraser Subdivision Regulations then in effect. Any failure to pay any of the subdivision fees provided herein when due may be treated by the Town as an event of default under the PUD Plan, and any such default shall be subject to the procedures and the remedies set forth in said Plan. Notwithstanding anything in this Section 4.3 to the contrary, no subdivision fees shall become due solely as a consequence of the exemption granted pursuant to Section 4.2 hereof. ARTICLE V ADMINISTRATIVE PROVISIONS Non-Severability. It is hereby declared to be the legislative intent of the Board of Trustees of the Town of Fraser that all provisions of this Ordinance shall be non-severable, except as provided in Section 5.2 below with respect to the reasons for the immediate necessity of this Ordinance. If any Article, Section, provision, sentence or clause of this Ordinance is declared to be invalid by a court of competent juris- diction, then this Ordinance as a whole, and every part - 9 - ýÿ Section 5.2 hereof, shall likewise be deemed to be invalid, void and of no further force or effect. Immediate Effect - Reasons. The Board of Trustees of the Town of Fraser hereby finds and determines that this Ordinance is necessary for the immediate preserva- tion of the public peace, health or safety for the following reasons: (a) Because the annexation of the property described herein and the development thereof in accordance with the provisions of this Ordinance are deemed to be in the best interests of the Town of Fraser; and Winter Park Ranch, Inc., the owner of said property to be annexed, has indicated that, unless this Ordinance is made irrevocably effective not later than March 24, 1982, the date of adoption hereof, it will 'withdraw its Petitions for the annexation of said property, pursuant to the terms of the Agreement hereinabove referred to, thereby depriving the Town of Fraser of the opportunity to annex said property now or in the foreseeable future; (b) Because the property annexed to the Town of Fraser by this Ordinance includes certain retail businesses currently in operation which will, upon the effective date hereof, provide to the Town a source of sales tax revenues; and the Town of Fraser is in immediate need of such sales tax revenues; (c) Because it is in the best interests of the Town of Fraser that the actual development of the property herein annexed to the Town occur as soon as possible in accordance with the zoning, PUD Special Use Permit and subdivision exemptions provided for herein; and the plans for such development and negotiations in connection there- with will be delayed, disrupted or abandoned if the effective date of this Ordinance is delayed pending final passage and publication hereof; (d) Because the annexation fees payable to the Town of Fraser by Winter Park Ranch, Inc. pursuant to the Agreement hereinabove referred to are due and payable at the time that this Ordinance and the annexations provided herein become irrevoc- ably effective, and the Town of Fraser is in immediate need of said fees; and (e) Because the other benefits to be derived from the annexation of said property and the development thereof in accordance with the pro- visions of this Ordinance, which are deemed by the Board of Trustees to be necessary for the preservation of the public peace, health, safety, morals and general welfare of the Town of Fraser and the citizens thereof, may be irrevocably lost if this Ordinance is not made immediately effective. It is hereby declared to be the legislative intent of the Board of Trustees that each and everyone of the above and foregoing reasons shall be deemed to be - 10 - ýÿ independent and sufficient grounds for the immediate necessity of this Ordinance; and if any of said reasons or any part thereof shall be held to be invalid or insufficient, such invalidity or insufficiency shall not affect the remaining reasons stated herein. This Ordinance shall take effect and be in force immediately upon its adoption by the affirma- tive vote of three-fourths (3/4) of the members of the Board of Trustees and the approval of the Mayor of the Town of Fraser. READ, PASSED AND ADOPTED BY VOTE OF..s- TO 0 , AND ORDERED PUBLISHED AFTER PUBLIC HEARING THIS 02.. If ...~ DAY OF /L(A~C.1. 1982, BY THE BOARD OF TRUSTEES OF THE TO.VN OF FRASER, COLORADO. APPROVED AND SIGNED BY THE MAYOR OF THE TOWN OF FRASER, COLORADO, ON THE d.-I.f ~ DAY OF /'1 ,4-.R c. "'- , 1982. '} ,~.(/h //1' /// :#r;~/;U',/Y , , Mayor A1'TES(twd&/ ()jiiiL ~ Town Clerk ( SEA L ) - 11 - ýÿ EXHIBIT A A G R E E MEN T BET1':EEN WINTER PARK Rl~NCH, INC. AND THE TOlffi OF FRASER, COLORADO 1,LSO CONSTITUTING THE APPROVED PUD PLAN ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO. PURSUANT TO ORDINANCE NO. ~ OF THE TOWN OF FRASER ýÿ ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE INDEX AGREEMENT BETWEEN WINTER PARK RANCH, INC. AND THE TOWN OF FRASER, COLORADO 1.00 - SURVEY .. . . . .. . 2.00 - FILING OF ANNEXATION PETITIONS 3.00 - ZONING . . . . 4.00 - SUBDIVISION .... 5.00 - WITHDRAWAL OF PETITIONS FOR ANNEXATION 6.00 - ANNEXATION ..... ... 7.00 - DEVELOPMENT OF THE PROPERTY FOLLOWING ANNEXATION 8.00 - SEWER AND WATER. 9.00 - MUNICIPAL SERVICES . . . . 10.00 - NOTICE OF DEFAULT ... 11.00 - DEFAULT BY WINTER PARK RANCH 12.00 - DEFAULT BY FRASER .. 13.00 - OTHER JUDICIAL REMEDIES 14.00 - COSTS AND ATTORNEY FEES 15.00 - JURISDICTION 16.00 - ASSIGNMENT 17.00 - MODIFICATION 18.00 - ANNEXATION FEE 19.00 - DEDICATION TO FRASER 20.00 - NOTICES.. . 21.00 - ANNUAL REVIEW .. 22.00 - MAINTENANCE COVENANT 23.00 - EFFECTIVE PERIOD OF THIS AGREEMENT 24.00 - SEVERABILITY ... . . . EXHIBIT "A" DEVELOPMENT CRITERIA A - LAND USE . . . . . . . . . . . . B - DIVISION OF THE PROPERTY . . . . . C - MAXIMUM NUpffiER OF DWELLING UNITS D - PERMITTED USES . . . . . . E - BUILDING HEIGHT/SEPARATION F - BUILDING CONSTRUCTION; FIRE PROTECTION G - FEES IN LIEU OF LAND DEDICATION . H - SETBACKS; FENCES . . . . . . . . I - ROADS, PARKING, LIGHTING, LOADING AND STORAGE J - FRASER RIVER . . . . K - ARCHITECTURAL CONTROL L - SITE DRAINAGE . . M - EHPLOYEE HOUSING N - SOLID WASTE . . . o - PUBLIC TELEPHONES (i) Page 2 2 3 4 4 5 5 6 7 8 9 10 11 11 11 11 12 12 12 12 13 13 13 14 2 3 4 5 5 6 6 7 7 10 10 10 11 11 11 Page P - PUBLIC TRANSPORTATION Q - ENERGY CONSERVATION R - SIGNS . . . . . S - REVEGETATION T - ~.;rATER AND SEWER U - UTILITIES . . . V - SUBMISSION OF PLATS W - INTERPRETATION X - VARIANCES . . Y - APPLICABILITY . 11 12 12 12 12 13 13 13 13 13 EXHIBIT "B" MASTER COVENANTS 1.0 - RECITALS . . . . . . . . . 2.0 - DECLARATION . . . . . . . . . . 3.0 - ARCHITECTURAL CONTROL CO~1ITTEE 4.0 - MAINTENANCE AND ASSESSMENT 5.0 - AMENDMENT OR SUPPLEMENT. . . . 2 2 2 5 6 ( ii) AGREEHENT THIS AGREEMENT is between WINTER PARK RANCH, INC., a Colorado corporation, ("Winter Park Ranch" or "Owner") and THE TOWN OF FRASER, COLORADO, acting by and through its Board of Trustees ("Fraser"). '1HEREAS, Winter Park ~anch is the owner of the following tracts of land, located adjacent to Fraser: Tract A A parcel of land situated in the NWl/4SEl/4, the Nl/2Swl/4 and the SWl/4NWl/4 of Section 20, Township 1 South, Range 75 West of the 6th P.M., described as follows: Beginning at the Wl/4 corner of said Section 20; thence S- 22022'-E, 79.20 feet to a point on the Northeasterly right- of-way of U.S. Highway 40; thence following said right-of- way S-49020'-E, 689.49 feet; thence following said right-of- way 721.60 feet along the arc curve to the left having a radius of 2465.89 feet; thence following said right-of-way S-66016'-E, 523.43 feet; thence N-89045'-E, 417.50 feet; thence S-66016'-E, 497.80 feet, more or less, to the South line of m.;rl/4SEl/4 extended Westerly; thence N-890-E, 1354.17 feet along said extended line and said South line NW1/4SE1/4 to a point on the Southerly boundary of Winter Park Ranch, Second Filing; thence N-580-W, 1518.0 feet along the Southerly boundary of Winter Park Ranch, Second Filing; thence S-310- W, 214.09 feet along the Southerly boundary of Winter Park Ranch, Second Filing; thence N-580-W, 1343.0 feet along said Southerly boundary to the Southeast corner of the SW1/4NW1/4 of said Section 20; thence N-Oo-W, 85 feet along the East line of the SW1/4m~1/4 of said Section 20 to a point on the Southwesterly right-of-way of a county road as constructed; thence Northwesterly 1100 feet along said right-of-way; thence Southwesterly 430.0 feet along said right-of-way; thence Southerly 570.0 feet to the point of beginning. Tract B A part of the NE1/4SWl/4 of Section 20, Township 1 South, Range 75 West of the 6th P.M., described as follows: Beginning at the point where the Northerly right-of-way line of U.S. Highway No. 40 intersects the South line of said NEl/4SWl/4 whence the South one-guarter corner of said Section 20 bears S-22D18'-E, 1427.1 feet; thence N-89D42'-E, along the South line of said NEl/4SWl/4, 417.5 feet; thence N-65D31'-W, parallel with said highway right-of-way line, 497.8 feet; thence S-89D42'-W, parallel with the South line of said NEl/4SW1/4, 417.5 feet to a point on said highway right-of-way line; thence S-65D3l'-E, along said right-of- way line, 497.8 feet to the point of beginning. This tract is commonly known as the Barn Store property. (hereinafter the "Property"). AND WHEREAS, the parties desire to undertake the process of determining if the Property could be annexed to Fraser upon terms which are agreeable to both winter Park Ranch 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 winter Park Ranch and Fraser, the parties agree as follows: ARTICLE 1.00 - SURVEY winter Park Ranch shall submit to Fraser, along with the Annexation Petitions, a boundary line survey plat showing the boundaries of Tracts A and B, including a legal description (on the boundaries of the plat and in paragraph form) and acreage computation of both tracts. The survey will be prepared by a licensed Colorado land surveyor and shal1 be certified as having been prepared under his direction and to be accurate. ARTICLE 2.00 - FILING OF ANNEXATION PETITIONS 2.01 Subject to the right of withdrawal as set forth in Paragraphs 3.05, 4.02 and 6.06, Winter Park Ranch agrees to promptly submit to Fraser three (3) separate Petitions for Annexation (or such greater or lesser number as necessary to meet statutory contiguity requirements), in compliance with Section 31~12-107(1), Colorado Revised Statutes, 1973, as amended, for the annexation of the entirety of the Property. - 2 - ýÿ 2.02 Winter Park Ranch shall submit with its Petitions for Annexation a title insurance commitment dated to within ten (10) days prior to the date of submission of the Petition to Fraser. 2.03 Fraser agrees to promptly examine the petitions for Annexation and to determine by formally adopted resolution whether they comply with the provisions of Section 31-12-107. 2.04 If Fraser shal1 decide not to annex the Property on the date referred to in Paragraphs 3.04 and 4.01, this Agreement shall be deemed automatically to be null and void. ARTICLE 3.00 - ZONING 3.01 winter Park Ranch has heretofore filed with Grand County a Schematic Planned Unit Development Plan for the development of the greater portion of the Property for a mixture of residential, commercial, recreational, and related uses. Grand County has approved the Schematic Plan and has granted winter Park Ranch a Special Use Permit for a Planned Unit Development upon the Property, as evidenced by Resolution No. 1978-12-4 of the Board of County Commissioners. 3.02 Winter Park Ranch desires to develop the Property and is willing to do so in accordance with the standards set forth on Exhibit "A" attached hereto (hereinafter the "Development Criteria"). 3.03 As permitted by Section 31-12-115, C.R.S., 1973, as amended, Fraser shall institute the necessary procedure to zone the Property in accordance with State statutes and its Ordinances, promptly after determining that the Petitions for Annexation are in compliance with the p~ovisions of Section 31-12-107, as set forth in Paragraph 2.03. 3.04 Fraser agrees to take final action with respect to the zoning of the Property on the same date as it finally considers the Petitions for Annexation. 3.05 There is no obligation by Fraser to zone the Property in any particular zoning district or districts. However, in the event Fraser zones the Property in such a manner that, in the opinion of Winter Park Ranch, it cannot develop the Property in accordance with - 3 - the Development Criteria, Winter Park Ranch may, on the date such zoning occurs, withdraw its Petitions for Annexation of the Property, provided such withdrawal occurs prior to the adoption of the Annexation Ordinances. ARTICLE 4.00 - SUBDIVISION 4.01 Fraser will review and analyze the Development Criteria and determine if the Criteria and the development which may occur pursuant thereto will qualify divisions of the Property for an exemption and/or variance under the Fraser Subdivision Ordin~nce. Fraser agrees to take final action in making this determination on the same date as it final1y considers the Petitions for Annexation. 4.02 In the event Fraser determines that the Property wil1 not qualify for an exemption and/or variance under the Fraser Sub- division Ordinance, Winter Park Ranch may, on the same date, withdraw its Petitions for Annexation of the Property, provided such withdrawal occurs prior to the adoption of the Annexation Ordinances. ARTICLE 5.00 - WITHDRAWAL OF PETITIONS FOR ANNEXATION 5.01 The parties understand and agree that the filing by Winter Park Ranch of its Petitions for Annexation is not intended to be an irrevocable act. Rather, Winter ?ark Ranch, in filing said Petitions, and Fraser, in accepting them, both specifically intend that they are filed and accepted subject to withdrawal by Winter Park Ranch for the reasons set forth in Paragraphs 3.05, 4.02 and 6.06. 5.02 Both Winter Park Ranch and Fraser have been advised by their respective counsel that the provisions of Section 31-12-112(2), C.R.S., 1973, as amended, permit the filing by Winter Park Ranch of valid Petitions for Annexation, subject to withdrawal as herein provided. Both parties are proceeding pursu~nt to this understanding and both shall be estopped from hereafter claiming otherwise. 5.03 Upon withdrawal of the Petitions for Annexation by winter Park Ranch as provided in Paragraphs 3.05, 4.02 and/or 6.06, this Agreement and said Petitions shall become null and void in all respects. - 4 - 5.04 winter Park Ranch may not withdraw less than all of the Petitions for Annexation referred to in Article 2.00. ARTICLE 6.00 - ANNEXATION 6.01 In the event winter Park Ranch shall fail to withdraw its Petitions for Annexation as permitted by Paragraphs 3.05, 4.02 and 6.06, Fraser may proceed to annex the Property subject to the terms and conditions of this Agreement, but only if it shal1 adopt final Annexation Ordinances on the date referred to in Paragraphs 3.04 and 4.01. 6.02 Upon completion of the annexation of the first phase of the Property, Fraser shall proceed forthwith to consecutively annex the rest of the phases of the Property. 6.03 Fraser may not annex less than all the Property; and if any of it is annexed, it shall all be annexed on the date referred to in Paragraphs 3.04 and 4.01. 6.04 All annexations shall be in accordance with the Colorado Municipal Annexation Act of 1965, as amended. 6.05 Upon the adoption of all Ordinances annexing the Property, the obligations of both winter Park Ranch and Fraser, as set forth in this Agreement, shall thenceforth be unconditional. 6.06 In the event that Fraser has not completed the annexa- tion of the Property by the 7th day of October, 1981, or such later time as is agreeable to Winter Park Ranch, Winter Park Ranch may withdraw its Petitions for Annexation. ARTICLE 7.00 - DEVELOPMENT OF THE PROPERTY FOLLO\1ING ANNEXATION 7.01 Following annexation, Winter Park Ranch may proceed with the development of the Property in accordance with the Development criteria and in accordance with the Zoning and Subdivision Exemption and/or variance granted upon the dates referred to in Paragraphs 3.04 and 4.01. - 5 - 7.02 As indicated in Paragraphs Wand X of the Development criteria, the Property must be developed in compliance with such criteria unless a variance is obtained. In the event Fraser concludes that there has been a violation of one or more of the provisions of the Development Criteria, it shall have the remedies specified in Articles 11.00 and 13.00 below. ARTICLE 8.00 - SEWER AND WATER 8.01 Tract A of the Property is located within the boundaries of the winter Park West Water and Sanitation Dis~rict, and water and sewer services will be provided to the Property by said.District. If Tract B of the Property is not now located within the boundaries of the winter Park West Water and Sanitation District, the parties under- stand and agree that Fraser shall have no obligation to provide water or sewer services to the tract. At such time as water or sewer service is needed for Tract B, the owner(s) thereof shall obtain same from the Winter Park West Water and Sanitation District by annexation to said District or such other procedure as such District may require. 8.02 Fraser does not provide sewer services to its residents, but does provide water service. From time to time Fraser may levy taxes upon the property located within its boundaries for water related expenditures. If and when it- does, the result will be that the owner(s) of the Property wil1 be taxed twice for water related taxes; i.e., by the Winter Park West Water and Sanitation District and by the Town of Fraser. 8.03 Fraser agrees that its Ordinances and Regulations now existing or adopted in the future, relating to the provision and use of its water, will not be applicable to the Property now or in the future, as long as it remains in the winter Park West Water and . sanitation District. Any attempt by Fraser to enforce any such Ordinances and Regulations as to the Property shall be void. - 6 - -';i4.i.""t- .. 8.04 Fraser agrees that if, in the future, it shall be in the position to furnish sewage collection and treatment facilities to residents, its Ordinances and Regulation~ pertaining thereto will not be applicable to the Property, as long as it remains in the Winter Park West Water and Sanitation District. Any attempt by Fraser to enforce any such Ordinances and Regulations as to the Property shal1 be void. 8.05 Fraser hereby agrees that it will not, now or in the future, initiate or participate in any action or proceeding pursuant to Part 3, Article 1, Title 32, C.R.S., 1973, as amended, or any similar law, whether now existing or subsequently adopted, designed to exclude th~ Property from the Winter Park West Water and Sanitation District, except that Fraser may represent its interests in the event that it is involuntarily made a party to such action or proceeding as long as it does not support the effort to exclude. - 7 - ARTICLE 9.00 - MUNICIPAL SERVICES 9.01 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, excepting only water service or, if in a position to do so in the future, sewage collection and treatment services, 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. 9.02 To provide a benefit to the owners of the Property for the double taxation which may from time to time occur, as noted in Paragraph 8.02, Fraser shall determine, when it makes its annual municipal budget, the amount of revenue that was generated from the Property, not receiving any water services from Fraser on account of . water related tax levies, for the then current calendar year. To the extent of such revenues so collected, Fraser shall budget expenditures for the uses described below, to the priorities indicated if the ýÿ particular use is in need of any current expenditures. If any use having priority does not need any expenditures, then the available funds shall be utilized for the next listed uses as needs require until all such revenues have been provided for in the budget. The funds so allocated in the budget shall not be diverted to other funds or uses unless an unforeseen emergency arises such as contemplated by C.R.S., 1973, Sections 29-1-114 and 29-1-115. Such funds shall be expended for the below matters with priority indicated: First - Development (including planning, acquisition and construction) of public ways (including roads and bicycle, pedestrian and horse paths, trails and easements) connecting the Property to other areas of the Town of Fraser as it now exists or may exist in the future. [The parties understand and agree that this Paragraph does not obligate Fraser to acquire any such public ways from the owner(s} of the Property.] Second - Assist in funding a public bus system serving the Fraser Valley; Third - Maintain and improve general public recreation facili- ties, public ways, roads, and public lands and build- ings located within the boundaries of Fraser (as those boundaries now exist or may be expanded in the future). 9.03 The funds provided for in Paragraph 9.02 are not contemplated, nor are they to be used, for the satisfaction of the obligations of the owners of the Property to make the initial instal- lation of any described uses located on the'Property, nor to satisfy the obligations of those owners to continued maintenance and repair of those uses that are otherwise required to be maintained and repaired by those Property owners. ARTICLE 10.00 - NOTICE OF DEFAULT If Winter Park Ranch or Fraser shall conclude that the other party has defaulted in the performance of any obligation under this - 8 - Agreement, it shall give written notice to the other party, setting forth with particularity the nature of the default and specifying the applicable portion(s) of this Agreement under which default is claimed. ARTICLE 11.00 - DEFAULT BY WINTER PARK RANCH 11.01 Upon giving written notice of default to Winter Park Ranch, as provided in Article 10.00, Fraser may, at its option, withhold any Building Permits requested in the future by Winter Park Ranch until such time as the default shall be corrected to Fraser's satis- faction. The provisions of this Paragraph 11.01 shal1, however, be subject to the provisions of Paragraph 12.02. 11.02 Upon receipt of written notice of default, as provided in Article 10.00, Winter Park Ranch shall have one hundred eighty (180) days within which to (a) correct such default [or such longer tiroe as may be reasonably necessary, if it cannot be corrected within one hundred eighty (180) days]; or (b) commence a court action in the Grand County District Court to determine if default has occurred. If the court action shall result in a final judgment to the effect that 11inter Park Ranch is in default, Winter Park Ranch will have such reasonable time as the Court shall specify in such final judgment to correct the default. 11.03 In the event notice is given by Fraser to winter Park Ranch, as provided in Article 10.00, and (a) Winter Park Ranch shall fail to correct the default to Fraser's satisfaction or shall fail to file a court action to determine if default has occurred within said one hundred eighty (180) days: or (b) Winter Park Ranch shall file a court action to determine if default has occurred; and in such action, final judgment shall be entered to the effect that Winter Park Ranch has defaulted, and Winter Park Ranch shall fail to correct such default within the time permitted by the Court to do so: - 9 - Fraser may, after an additional notice of ten (10) days of its intent to do so, nullify this Agreement by revoking the PUD Special Use Permit by which development of the Property pursuant to this Agreement is authorized. ARTICLE 12.00 - DEFAULT BY FRASER 12.01 In the event '1inter Park Ranch shall give Fraser written notice of default as provided in Article 10.00, Fraser shall: (a) Correct such default within one hundred eighty (180) days [or such 10nger time as may be rea~onably necessary if it cannot be corrected within one hundred eighty (180) days]; or (b) Commence a court action in the Grand County District Court to determine if default has occurred. If the court action shall result in a final judgment to the effect that Fraser is in default, Fraser will have such reasonable time as the Court shall specify in such final judgment to correct the default. 12.02 In the event the default specified by winter Park Ranch includes failure to issue any required Building Permit(s) under this Agreement or otherwise, anything in this Agreement to the contrary notwithstanding, Fraser shall have thirty (30) days within which to issue the Building Permit{s). If it shall fail to issue the Building Permit(s) within such thirty (30) days., Winter Park Ranch may commence a court action in the Grand County District Court for a declaratory judgment action or other appropriate action to determine if Fraser acted properly in withholding such Building Permit(s). If final judgment shall be entered in such action to the effect that Fraser wrongfully withheld the Building Permit(s), Winter Park Ranch shall be awarded liguidated damages in such judgment in the amount of Two Hundred Fifty Dollars ($250.00) for each day the Building Permit was wrongfully withheld, in addition to costs a~d attorny's fees as provided in Article 14.00. - 10 - ýÿ ARTICLE 13.00 - OTHER JUDICIAL REP1EDIES Nothing in this Agreement shall preclude any party from seeking other judicial 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. ARTICLE 14.00 - COSTS AND ATTORNEY FEES If either party shall commence a Court action and, in such action, it is final1y 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 shal1 be evidenced by a judgment duly rendered by the Grand County District Court in such action. ARTICLE 15.00 - JURISDICTION Trial court jurisdiction of any court action arising out'of this Agreement shall be in the Grand County District Court. ARTICLE 16.00 - ASSIGNMENT winter Park Ranch may assign its rights and duties hereunder in whole or in part to others, who may, in turn, do likewise, without Fraser's permission. The phrase "winter Park Ranch" and the word "Owner", as used in this Agreement, are intended by the parties and shall be construed as referring to whomever is the o~~er of the Property or any portion thereof at the time of application of this Agreement to any event or situation. Any assignment pursuant to this Article 16.00 shall automatically bind the ;ssignee to all of the terms and conditions of this Agreement; and so that notice shall be deemed given to the assignee, this Agreement shall be recorded in the - 11 - office of the Grand County Clerk and Recorder promptly after the effective date of the Annexation Petitions. Any such assignment shall not be effective as against Fraser until written notice of same is delivered to Fraser, setting forth assignee's address; such notice to be signed by both assignor and assignee. ARTICLE 17.00 - MODIFICATION This Agreement cannot be modified or revoked, except in writing, signed by the parties and specifically referring hereto. ARTICLE 18.00 - ANNEXATION FEE Winter Park Ranch shall pay to Fraser the sum of Ten Thousand Dollars ($10,000.00) at such time as the Annexation Ordinances shall become irrevocably effective, as provided by Section 1-40-115, C.R.S., 1973, as amended. ARTICLE 19.00 - DEDICATION TO FRASER No portion of the Property shall be dedicated to Fraser, including without limitation roads, entrances, parking areas, malls and open space, unless Fraser's approval be first obtained. ARTICLE 20.00 - NOTICES All notices, writings or communications required or per- mitted to be given by any party to another shall be deemed properly given if and when deposited in any Post Office or Branch Post Office regularly maintained by the United Stated Postal Service and sent certified rnail, return receipt requested, postage prepaid, addressed as follows: To Fraser: Town Clerk Town of Fraser Town Hall Fraser, Colorado 80442 with a copy to: Mr. Lawrence P. Hartlaub. Jr. Attorney at Law Post Office Box 615 Granby, Colorado 80446 _r12 _ To Owner: Mr. Mark Hogan President Winter Park Ranch, Inc. 1624 Market Street, No. 209 Denver, Colorado 80202 with a copy to: Mr. John L. Baker Attorney at Law Post Office Box 588 Granby, Colorado 80446 The above addresses may be changed, provided written notice of such change shall be sent to all parties to this Agreement as herein provided, addressed to the appropriate addresses for the parties hereto as from time to time amended. ARTICLE 21.00 - ANNUAL REVIEW Upon thirty (30) days notice by Fraser to Owner, Owner shall appear at a meeting of Fraser's Town Board to respond to inquiries concerning the status of the project and any activities pursuant to this Agreement; provided that Owner shall not be required to appear more often than once each calendar year pursuant to this Article 21.00. ARTICLE 22.00 - ~~INTENANCE COVENANT Attached hereto as Exhibit "B" is a Covenant, which shall be recorded in the office of the Grand County Clerk and Recorder promptly upon the effective date of Fraser's Ordinances annexing the Property. Subject to earlier termination, as provided in Paragraph 11 pO ARTICLE 23.00 - EFFECTIVE PERIOD OF THIS AGREEMENT 11.03, this Agreement shall remain in effect for twenty (20) years following the effective date of the Ordinances annexing the Property and continuing after such twentieth (20th) year until such time as Fraser shall terminate it by duly adopted r~solution, which it may do within its sole discretion. - 13 - ARTICLE 24.00 - SEVERABILITY The fact that any portion of this Agreement may be held to be unenforceable shall not affect the enforceability of the remaining portions hereof, unless the unenforceable provisions shal1 be the remedies of any party for the default of another party as set forth in Articles 10.00, 11.00, 12.00 and/or 13.00; in which case, the party 10sing some or all of its remedies may decide within a reasonable time that the Property shall be disannexed; and thereupon, all necessary steps shal1 be promptly undertaken to complete such disannexation. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures. WINTER PARK RANCH FRASER THE TOWN OF FRASER, COLORADO, acting by and through its Board of Trustees By:A~(u~a ibouauf} Hayor ATTEST: 4/.J"-A/ / /_~ /' /I. ?t-.-(.<,.-/ /Lf-~--L-. Secretary ATT1ST: 4i1Ud < a)p'~erk (CORPORATE SEAL) (TOWN SEAL) STATE OF COLORADO SS COUNTY OF GRAND The foregoing instrument was acknowledged before me on ~_J (0 , 1981, by ~--"'-L--.p/ *0--._.-1: / President, and attested to by ~oI'LL~ 4. ~~ Secretary, of Winter Park Ranch, Inc., a Colorado corporation. witness my hand and official seal. My Commission expires: "'7-~ .~C:. rp 3!" ~ ,/.?~ Notary Public (SEAL) - 14 - STATE OF COLORADO ss COUNTY OF GRAND ~17 The foregoing instrument was acknowledged before me on , 19 81, by K,' c A A-~d A. Le ~ It Acte / Mayor, and attested to by Y;~J"IfI'.4 of The Town of Fraser, Colorado, acting by and through tJ /11 TeA , Town Clerk, its Board of Trustees. witness my hand and offt):al seal. My Commission expires: ~ ~yr, If K' Y ( SEA L ) p" vet t. - 15 - EXHIBIT "A" TO AGREEMENT BETWEEN WINTER PARK RANCH, INC. AND THE TONN OF FRASER, COLORADO DEVELOPP1ENT CRITERIA The following tract of real property located in Grand County, Colorado, to wit: Tract A 1\ parcel of land situated in the ml1/4SEl/4, the Nl/2SW1/4 and the S~H/4NWl/4 of Section 20, Township 1 South, Range 75 West of the 6th P.M., described as follows: Beginning at the 111/4 corner of said Section 20; thence s- 22022'-E, 79.20 feet to a point on the Northeasterly right- of-way of U.S. Highway 40; thence following said right-of- way S-49020'-E, 689.49 feet; thence following said right-of- way 721.60 feet along the arc curve to the left having a radius of 2465.89 feet; thence following said right-of-way S-660l6'-E, 523.43 feet; thence N-89045'-E, 417.50 feet; - thence S-66016'-E, 497.80 feet, more or less, to the South line of NWl/4SEl/4 extended Westerly; thence N-890-E, 1354.17 feet along said extended line and said South line NWl/4SEl/4 to a point on the SouDJerly boundary of winter Park Ranch, Second Filing; thence N-58D-W, 1518.0 feet along the Southerly boundary of Winter Park Ranch, Second Filing; thence 8-310- W, 214.09 feet along the Southerly boundary of winter Park Ranch, Second Filing; thence N-58D-W, 1343.0 feet along said Southerly boundary to the Southeast corner of the SI-l1/4NHl/4 of said Section 20; thence N-OD-W, 85 feet along the East line of the swl/4NWl/4 of said Section 20 to a point on thp. Southwesterly right-of-way of a county road as constructed; thence Northwesterly 1100 feet along said right-of-way; thence Southwesterly 430.0 feet along said right-of-way; thence Southerly 570.0 feet to the point of beginning. consisting of approximately 66 acres; Tract B A part of the NE1/4SWl/4 of Section 20, 'TOW"Ilship 1 South, Range 75 West of the 6th P.M., described as follows: Beginning at the point where the Northerly right-of-way line of u.s. Highway No. 40 intersects the South line of said NEI/4SWl/4 whence the South one-quarter corner of said Section 20 bears S-22018'-E, 1427.1 feet: thence N-89042'-E, along the South line of said NEl/4SW1/4, 417.5 feet: thence N-65031'-W, parallel with said highway right-of-way line, 497.8 feet; thence S-B9042'-W, paral1el with the South line of said NEl/4SWl/4, 417.5 feet to a point on said highway right-of-way line; thence S-65031'-E, along said right-of- way line, 497.8 feet to the point of beginning. consisting of approximately 2 acres; the two (2) tracts containing together approximately 68 acres (here- inafter referred to as the "Property"), may be developed in accordance with the fol10wing criteria: A - LAND USE ;) ~tf r.,gJh~7o A-I No less than sixty percent (60%) of the entire area of the Property shall be used as open space, defined as follows: Open space is an area or areas developed and designed for use by the occupan~s of the development, and by others, for uses in- cluding but not limited to recreation, tennis and other courts, gardens, parks, walkways, underground utilities, paths and trails; or an area or areas of native vegetation left substantially in its natural state or supplemented by additional plant materials. Open space shall not include any areas that are intended to be used as malls, parking, roads, loading and unloading areas, and storage areas. Open space may, however, include roof areas that cover underground parking or other underground structures, provided they are covered with dirt and landscaped. Any portion of the Property may be used as open space. The area identified as open space on the Bas~c Design Plat to be attached hereto as Exhibit "AB" prior to the annexation of the Property to the Town of Fraser (hereinafter, the "Basic Design Plat") shall be used exclusively as open space. Open space shall also be permitted within those areas shown on the Basic Design Plat as "Developable Area". The open space shall be defined on any plats of the Property filed in the office of the Grand County Clerk and Recorder as either: (a) Common Open Space, defined as an area or areas designated for use by lawful occupants,of the Property, but not including the public, and maintained by an association or legal entity controlled by persons or entities owning fee interests in the Property. - 2 - (b) Private Open Space, defined as an area or areas designated for the exclusive use of owners of portions of the Property and which is maintained by said owners. A-2 At least nine and four-tenths percent (9.4%) of the entire area of the Property shall be used as malls and associated landscaping. All such malls shall be located in areas designated as Developable Area on the Basic Design Plat. A-3 Parking and roads shall be of sufficient size and area to comply with these critera. Parking shall be located in areas designated as Developable Area on the Basic Design Plat. A-4 A maximum of ten percent (10%) of the entire area of the Property may be used for commercial and/or residential building footprints, which shall be located in areas designated as Developable Area on the Basic Design Plat. A-5 Building Permits shall not be issued by Fraser for more a 0 than fifty (50) residential units until such time as Building Permits are issued for and construction is substantially complete of at least thirty thousand (30,000) square feet of commercial area, which need not be all footprint area. Likewise, Building Permits shall not be issued by Fraser for more than one hundred (100) residential units until such time as Building Permits are issued for and construction is substantially complete of at least a total of sixty thousand (60,000) square feet of commercial area; anD Building Permits shal1 not be issued by Fraser for more than one hundred fifty (150) residential units until such time as Building Permits are issued for at least a total of ninety thousand (90,000) square feet of con~ercial area. B - DIVISION OF THE PROPERTY ..~~~ ~-~~ ( \ B-1 The Property may be divided into one or more 10ts, as long as the following requirements are met: (a) Each lot shall contain at least five thousand (5,000) square feet, except for lots within a townhouse - 3 - development, which may be as small as the footprint area of each townhouse unit occupying a separate 10t. (b) Each lot shall be provided with access by a road or mall for pedestrian, emergency vehicle, and service vehicle use, except for townhouse lots, which shall be 10cated within such proximity to a road or mall as will permit emergency access to townhouse units. B-2 Condominium units may be created within the portion of the Property designated as Developable Area. As used herein, "condo- minium unit" means an individual air space unit, 'together with the interest in the conunon elements appurtenant to such unit.' .. IndividuaL air space" means any enclosed room or rooms occupying all or part of a floor or floors in a building of one or more floors to be used for residential, professional, commercial or other purposes. B-3 Townhouse units may be created within the portion of the Property designated as Developable Area. As used herein, "Town- house" means a type of ownership which consists of a fee simple interest in an individually deeded lot (which may be as small as the townhouse unit footprint) and dwelling, being part of a series of two (2) or more dwellings, each of which is either attached to the adjacent dwelling(s) by party ~alls or is located immediately adjacent thereto with no visible separation between walls and roof. c - MAXIMUM NUt1BER OF DHELLING UNITS C-l A maximum of one hundred seventy-five (175) permanent dwelling units may be built upon the Property; and they may be condo- miniums, to"'I1houses, or any other design the owner may choose. ~ C-2 All dwelling units will contain at least four hundred ,,~., ~(400) square feet of floor area. . C-3 Dwelling units shall not include accommodation rooms I such as normally available in hotels or motels. Such rooms are deemed to be commercial uses under these criteria. - 4 - ýÿ D - PERMITTED USES The following uses shall be permitted within the Property, together with any accessory uses thereto permitted by the Fraser Zoning Ordinance in residential and business zones: Single family dwellings; Multiple family dwellings; Schools, churches, hospitals and day care centers; Parks, playgrounds, and other recreational uses; Garden buildings; Public utility and public service facilities; Gasoline stations, provided all fuel storage tanks are underground; Any general business, commercial or wholesale activity, including without limitation hotels, retail stores, offices, restaurants, bars, medical and dental offices, barber and beauty shops, florists and theaters. E - BUILDING HEIGHT/SEPARATION E-l Buildings may be a maximum of thirty-five feet (35') in height or such higher maximum as Fraser's zoning regulations permit in the business zone, expect as provided in Paragraph E-2. n \~ ~~l seventy-five feet (75') (hereinafter, the "Ta-ller Buildings"). E-3 The portion of each of the Taller Buildings which E-2 Three (3) buildings may be built to a maximum height of exceeds the maximum height" set forth in Paragraph E-l shal1 not be located closer than two hundred feet (200') from that portion of one of the other Taller Buildings which exceeds such maximum height. E-4 Each floor of the Taller Buildings which exceeds the maximum height set forth in Paragraph E-I shall not have a square footage of more than thirty thousand (30,000) square feet. - 5 - ýÿ E-5 The height of a building shall be the vertical distance above a reference datum measured to the highest point of_the structure. The reference datum shall be selected by either of the following, whichever yeilds a greater height of building: (a) The elevation of the highest adjoining sidewalk or ground surface within a five foot (5') horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than five feet (5') above lowest grade. (b) An elevation five feet (5') higher than the 10west grade when the sidewalk or ground surface described in (a) above is more than five feet (5') above lowest grade. F - BUILDING CONSTRUCTION; FIRE PROTECTION F-l All buildings shall be constructed in accordance with all uniform codes pertaining to building construction adopted by Fraser at the time a particular Building Permit is applied for. F-2 Fire protection within the Property is under the authority of the East Grand Fire Protection District; and as long as it shall remain so, Owner shal1 consult the District concerning all building plans and the location and frequency of fire hydrants. G - FEES IN LIEU OF LAND DEDICATION G-l In the event Fraser shall hereafter adopt any lawful ordinance{s) requiring a developer of property within the Town of Fraser to pay fees to the East Grand School District or any other governmental entity in lieu of land dedication, based on number of residential units or amount of commercial area, Owner shall comply with such ordinance(s) with respect to all buildings for which Building . Permits are obtained after the effective date of such ordinance(s). - 6 - ýÿ G-2 Owner shall pay such fees even though Fraser's ordinance(s) only require payment in connection with subdivision plat approval. H - SETBACKS; FENCES J~ H-l No 10t line setbacks wil1 be required with respect to any lot line which does not border an exterior boundary of the Property. B-2 The minimum setback of buildings from parking spaces shall be ten feet (10'), but sufficient space shall be provided for access of fire fighting equipment between such parking spaces and buildings. H-3 Buildings shall be set back from Highway 40 a sufficient distance to accommodate the through road referred to in Paragraph 1-2. .~ H-4 There shall be no perimeter fence or wall built around the Property which is higher than six feet (6'), except that short spans of fence for specific uses may be built upon portions of the - 7 - perimeter in excess of six feet (6') high, such as but not limited to fences around tennis courts, outdoor dining areas or refuse storage areas. I - ROADS, PARKING, LIGHTING, LOADING AND STORAGE 1-1 There shall be two (2) entrances into the Property, located generally as set forth on the Basic Design Plat. The Eastern entrance shall comply with the requirements of the Colorado State Highway Department. The Western entrance shall be at least sixty feet (60') wide and shall be constructed in accordance with a design pre- pared by a qualified engineer retained by Owner. 1-2 There shall be a through road connecting the tWD (2) entrances, located generally as set forth on the Basic Design Plat. This road shall have a surface width of at least twenty-four feet (24'). Owner may instal1 speed control and other restrictions or devices to discourage use of this road as a public throughway. ýÿ 1-3 All other roads within the Property and all malls shall be designed and constructed so as to permit accessibility to each building housing residential or commercial use during all times of the year by emergency and service vehicles. 1-4 Malls shall be designed primarily for pedestrian use, but shall also be designed and constructed for emergency and service use in those areas where necessary to obtain emergency and service vehicle access to buildings. 1-5 Parking spaces shall be provided in accordance with the following schedule: Use Parking~Spaces Residential Dwellings (includes Apartments) Two bedroom or less Greater than three bedroom 1 1/2 2 Motels, Hotels and Comparable facilities containing accommodation rooms Per rental or occupied unit Per four employees 1 1 Auditoriums, Churches, Stadiums, Theaters and other places of assembly with fixed seats, per four seats Without fixed seats, per 100 square feet 1 1 Offices Per 200 square feet 1 Grocery Stores, Restaurants, Eating and Drinking Places Per 200 square feet 1 Retail Sales Establishments, including Dry Goods Per 200 square feet of area devoted to sales and display areas 1 Hospitals and Care Facilities Per three beds Per three staff 1 1 Schools: Elementary, Junior High Per classroom Per 300 square feet of office 1 1 High Schools Per classroom Per 300 square feet of office 5 1 - 8 - 1-6 Fraser and Owner recognize that radical changes in transportation and parking needs may occur in the future with respect to the community generally and this project in particular. Owner shall reserve adequate land area for the full amount of parking required above. A Building Permit will not be granted for a building until plans for sixty percent (60%) of the required number of parking spaces for the uses in said building are presented to Fraser. The remaining forty percent (40%) shall be maintained as open space until such time as all or any part shall be constructed as parking area. No parking space used to satisfy the requirements for' any particular building shall be used to satisfy the requirements of any other building. If Owner or Fraser should reasonably determine that sixty percent (60%) of the required number of parking spaces is not ade- guately serving the parking needs of the development, such additional parking as necessary for buildings then constructed up to the full one hundred percent (100%) of the required number shall be constructed by Owner within one (1) year of such determination. , r.f':, (,\C l.,i.1IJ.;.(,\I.\ fo/ t5.:b VI~ 1-7 \ Sixty-six percent (66%) of the parking spaces constructed pursuant to Paragraph 1-6 shall be of conventional size, measuring .ten feet (10') by twenty feet (20'); and the remaining thirty-four percent (34%) shall be of compact size, measuring eight feet (8') by sixteen feet (16'). 1-8 When finished, all roadways and parking areas will be surfaced with asphalt, concrete or other suitable material, to be selected by the OWner. 1-9 All roads to and parking areas associated with a building shall be constructed and base material (usual1y pit run and Class C gravel) applied before a Certificate of Occupancy is issued for the building. All such roads and parking areas wil1 be completed and surfaced within ninety (90) days of the 'issuance of the certificate of Occupancy, if weather permits within the construction season during which the Certificate of Occupancy is issued. If not, such roadways shall be completed within the first ninety (90) days of the next - 9 - succeeding construction season. 1-10 Adequate snow storage areas shall be provided within the Property for the storage of snow removed from parking areas, roads and maIls. 1-11 Plans submitted with Building Permit applications shal1 show areas provided for service use for loading and unloading of materia 1 used by the occupants of the building for which the Permit is sought. 1-12 Parking, loading and unloading areas shall not be used for storage except during construction. 1-13 Owner shal1 install overhead lighting at both entrances to the Property and suitable lighting within the Property for security in the vicinity of al1 completed buildings, malls, roads and parking areas. J - FRASER RIVER J-l Owner will comply with all applicable laws of the United States and the State of Colorado with respect to any activity upon the Property which affects the Fraser River which are in effect at the time of such activity. y J-2 No building shall be built closer than fifteen feet (15') from the Fraser River bank. K - ARCHITECTURAL CONTROL Attached to the Agreement to which these Development Criteria are an Exhibit, as Exhibit "B't, is a Covenant, which shall be recorded in the office of the Grand County Clerk and Recorder promptly upon the effective date of Fraser's Ordinances annexing the Property. L - SITE DRAINAGE L-l Prior to the time applicatio~ is made by Owner for the first Building Permit for a residential or commercial building, Owner - 10 - ýÿ shal1 present to Fraser a basic drainage plan for the Property, prepared by a qualified professional engineer. L-2 At the time application is made by Owner for a Building Permit, specific drainage plans for the area affected by the building or structure to be built, prepared by a qualified professional engineer, shall be submitted to Fraser. L-3 The drainage system shall be constructed in accordance with the specific drainage plans submitted to Fraser pursuant to Paragraph L-2. M - EMPLOYEE HOUSING Owner shall comply with any and all valid Ordinances Fraser may have relating to employee housing, uniformly applicable throughout the Town of Fraser, with respect to all buildings for which Building Permits are obtained after the effective date of such Ordinance. N - SOLID WASTE Solid waste shall be disposeu of off the Property. All solid waste storage areas shall be screened from public view. o - PUBLIC TELEPHONES Owner shall provide public telephones in suitable locations within the Property, including some located outside of buildings (primarily in mall areas), as well as inside buildings to which the public has access. Owner's reasonable judgment wil1 control as to what is and is not a suitable 10cation. P - PUBLIC TRANSPORTATION P-l The means by which public transportation will be . accommodated in connection with each building shall be demonstrated when the Building Permit is applied for. - 11 - ýÿ P-2 Public transportation loading areas will be constructed so as to provide protection from the weather for persons using such areas. Q - ENERGY CONSERVATION All buildings shall be designed so as to conserve energy~ and use of solar energy shall be considered where appropriate in Owner's judgment. R - SIGNS R-l All signs shall conform to Fraser's Ordinances at the time they are constructed and/or erected. R-2 Owner will provide and install all standard speed and street signs, including but not limited to: (a) Intersection signs, (b) Emergency access areas, (c) No parking areas in such as emergency and service areas. S - REVEGETATION Owner shall revegetate all areas disturbed by construction with such grasses and vegetation as wi11 result in a landscaped appearance. T - WATER AND SEWER T-l Water and sewer services shall be obtained from the winter Park West Water and Sanitation District. T-2 All pipelines and facilities necessary for such service shall be installed in accordance with the rules and regulations of said District. T-3 AIl plans for the installation of water and sewer system facilities prepared by Owner shall be submitted to Fraser for comment prior to installation. - 12 - ~I'-- U - UTILITIES All utilities, such as telephone, electricity and cable television, shall be located underground and within easements provided by Owner for the use of utility companies. Such easements may be within areas designated as Common Open Space or Private Open Space. v - SUBMISSION OF PLATS Any and all plats of individual lots or portions of the Property which Owner may desire to record in the office of the.Grand County Clerk and Recorder shall be furnished to Fraser at least twenty (20) days prior to recording. W - INTERPRETATION W-l Development Criteria Items A through U shall be regarded as mandatory criteria with which the development of the Property must comply, unless a variance is obtained as set forth in Paragraph X. W-2 Hatters relating to development of the Property which are not included within Items A through U are not intended to be restricted by Fraser. Items A through U are intended as restrictive criteria and not permissive criteria. x - VARIANCES The owner of the Property or any portion thereof may apply to the Board of Trustees of the Town of Fraser for variances from one or more of the development criteria herein set forth from time to time. Such variances shall be granted, if at all, in writing. Y - APPLICABILITY Y-l The development criteria herein set forth shall be deemed to run with the land and shall be bi~ding upon and inure to the benefit of not only Winter Park Ranch, Inc., a Colorado corporation, which now owns the Property, but also its and their successors and assigns. - 13 - Y-2 The provisions of this instrument may be amended or revoked only by mutual agreement of the owner of the Property (or some portion thereof, as this instrument relates to such portion) and the Board of Trustees of the Town of Fraser, Colorado. Any such agreement shall be in writing, signed by both parties, before it shall be effective. FRASER OWNER THE TOWN OF FRASER, COLORADO, acting by and through its Board of Trustees By0?~cu)J Q JJltMcud Mayor ATTEST: lerk ~/ . - d '-7~ . -;//'-{_-'::f'I-C./"'~?/' /~ p1_~_Y. Secretary (TOWN SEAL) (CORPORATE SEAL) - 14 - r the South line of sa.id NEl/4S\1l/4, 417.5 feet; thence N-65031'- w, parallel with said highway right-of-way line, 497.8 feet; thence S-89042'-w, parallel with the South line of said NEl/4Swl/4, 417.5 feet to a point on said highway right~of- way line; thence S-65031'-E, along said right-of-way line, 497.8 feet to the point of beginning. hereinafter referred to as the "Property". 1.0 - RECITALS 1.1 Grantor has entered into an Agreement with the Town of Fraser, Colorado, acting by and through its Board of Trustees ("Fraser") relating to the annexation and development of the Property. 1.2 These Master Covenants are executed by Grantor and recorded in the office of the Grand County Clerk and Recorder pursuant to Article 22.00 of said Agreement and Paragraph K of the Development Criteria which are a part of said Agreement. 2.0 - DECLARATION In compliance with the Agreement referred to in Paragraph 1.1 above, Grantor declares that the Property is and shal1 henceforth be held, conveyed, encumbered, leased, improved, used, occupied and enjoyed subject to the following master covenants, conditions, re- strictions and equitable servitudes. These Master Covenants shall run with the title to the Property and all parts thereof; shall be binding upon all persons or entities having or acquiring any interest in the Property or any part thereof; shall inure to the benefit of and be binding upon every part of the Property and every interest therein; and shall inure to the benefit of, be binding upon, and be enforceable by Grantor and its successor in interest, each owner and his or its successors in interest, and Fraser. 3.0 - ARCHITECTURAL CONTROL COMMITTEE 3.1 There is hereby established an Architectural Control Committee (the "Conunittee") for the Property. It shall consist of - 2 - ýÿ three (3) members; and the following persons are hereby designated as the initial members of the committee: Mark Hogan John Porter Bill Beatie Grantor or its designee shall have the right to appoint and remove all members of the Committee at any time. Each member of the Committee shall hold office until such time as he/she has resigned or has been removed or his successor has been appointed. At least one member shal1 be an architect licensed by the State of Colorado. 3.2 No Improvement (defined as every structure and all appurtenances thereto of every type and kind, including but not limited to buildings, .patios, tennis courts, swimming pools, garages, aerials, antennas, roads, parking areas, fences, screening walls, stairs, decks, landscaping, signs and any facility of any utility placed on or above the surface of the Property) shall be built until approved by the Committee. 3.3 Prior to commencement of construction of any Improve- ment, the Plans and Specifications therefor shall be submitted to the Committee for review. The Committee shall approve Plans and Speci- fications only if it deems that construction, alterations or additions contemplated thereby in the 10cations indicated wil1 not be detrimental to the surrounding area and that the appearance of any structure affected thereby will be in harmony and compatible with the surrounding structures. The Committee may condition its approval of Plans and Specifications on such changes therein as it deems appropriate and may require submission of additional Plans and Specifications or other information prior to approving or disapproving the material submitted. Failure of the Committee to respond within ~orty-five (45) days after all required materia 1 is submitted to it shal1 be deemed to constitute approval of the Plans and Specifications submitted. - 3 - EXHIBIT "B" TO AGREEMENT BETWEEN WINTER PARK RANCH, INC. AND THE TO~1N OF FRASER, COLORADO MASTER COVENANTS WINTER PARK RANCH, INC., a Colorado corporation ("Grantor") is the owner of the fo110wing property located in Grand County, Colorado: Tract A A parcel of land situated in the NWl/4SEl/4, the Nl/2SWl/4 and the SWl/4NWl/4 of Section 20, Township 1 South, Range 75 West of the 6th P.M., described as follows: Beginning at the wl/4 corner of said Section 20; thence S- 22022'-E, 79.20 feet to a point on the Northeasterly right- of-way of U.S. Highway 40; thence following said right-of- way S-49020'-E, 689.49 feet; thence following said right-of- way 721.60 feet along the arc curve to the left having a radius of 2465.89 feet; thence following said right-of-way S-66016'-E, 523.43 feet; thence N-89045'-E, 417.50 feet; thence S-66016'-E, 497.80 feet, more or less, to the South line of NWl/4SEl/4 extended l1ester1y; thence N-890-E, 1354.17 feet along said extended line and said South line NW1/4SE1/4 to a point on the Southerly boundary of winter Park Ranch, Second Filing; thence N-580-W, 1518.0 feet along the Southerly boundary of Winter Park Ranch, Second Filing; thence S-310- W, 214.09 feet along the Southerly boundary of Winter Park Ranch, Second Filing; thence N-580-W, 1343.0 feet along said Southerly boundary to the Southeast corner of the SWl/4NWl/4 of said Section 20; thence N-Oo-W, 85 feet along the East line of the Swl/4NWl/4 of said Section 20 to a point on the Southwesterly right-of-way of a county road as constructed; thence Northwesterly 1100 feet along said right-of-way; thence Southwesterly 430.0 feet along said right-of-way; thence Southerly 570.0 feet to the point of beginning. Tract B A part of the NEl/4Swl/4 of Section 20"Township 1 South, Range 75 West of the 6th P.M., described asfollows: Beginning at the point \\'here the Northerly right-of-way line of U.S. Highway No. 40 intersects the South line of said NE1/4SW1/4 whence the South one-quarter corner of said Section 20 bears S-2201S'-E, 1427.1 feet; thence N-89042'-E, along ýÿ 3.4 The Committee may adopt and from time to time change rules and regulations regarding anything relevant to its function, including but not limited to minimum rules and gtlideJines for develop- ment, site planning, architecture and landscaping, review procedures for the submission of Plans and Specifications for approval, and construction regulations. A reasonable fee may be required to accompany each application for approval. 3.5 The Committee shall meet from time to time as necessary to perform its duties. It may designate one of its members to take any action or perform any duties for and on behalf of the Committee. In the absence of such designation, the vote of two of the members at a meeting, or in writing without a meeting, shal1 constitute an act of the Committee. 3.6 The approval or consent of the Committee to any plans or specifications for any work done or proposed shal1 not be deemed to constitute a waiver of any right to withhold approval or consent as to any plans or specifications subsequently or additional1y submitted for approval or consent by the same or a ditferent person. 3.7 Neither the Committee nor any member thereof shall be liable to any owner of all or any portion of the Property nor to any other person or entity, governmental or non-governmental, for any loss, damage or injury arising out of or in any way connected with the performance of the Committee's responsibilities, unless due to the willful misconduct or bad faith of the Committee or its members. The Committee shall review and approve or disapprove all Plans and Specifications submitted to it for any Improvement solely on the basis of aesthetic considerations, the harmony and compatibility of external design and appearance with existing Improvements upon the Property, and the overall benefit or detriment which would result to the sur- rounding area generally. The Committee shall take into consideration the aesthetic aspects of the architectural designs, placement of buildings, landscaping, color schemes, exterior finishes and materials - 4 - and similar features, but shall not be responsible for reviewing, nor shall its approval of any Plans and Specifications be deemed approval thereof, from the standpoint of structural safety, engineering sound- ness or conformance with building or other codes. 4.0 - MAINTENANCE AND ASSESSMENT 4.1 Prior to the time that Grantor or any person or entity having an interest in the Property applies for the first Building Permit for a structure to be built upon the Property, Grantor or its successors in interest shall form a Colorado nonprofit corporation to serve as the Master Association for the Property. It shall be respon- sible for, among other things, the maintenance of all areas and portions of the Property not owned by a particular fee owner or Fraser and which are conveyed or dedicated to it, such as but not limited to Common Open Space [as that phrase is defined in Paragraph A-l(a) of the Development Criteria referred to in Paragraph 1.2 above], entrances to and roads within the Property, parking areas and malls. Such maintenance obligation shall include, among other things, the obliga- tion to keep all roads and malls free and clear of snow and any other obstruction as is necessary to enable fire fighting and other emergency equipment to have access to all buildings containing residential or commercial uses at all times. 4.2 The Master Association shall adopt bylaws, which, among other things, shall irrevocably confer upon the Muster Association the right to impose upon all owners of the Property or any portion thereof, excluding itself, the obligation to pay periodic assessments to the Master Association for, among other things, the purpose of producing adequate revenue with which the Master Association shal1 discharge its maintenance reponsibilities. Such bylaws shall also provide means by which the Master Association may file liens ~gainst the portion of the Property owned by any o~~er required to pay assessments and means for the foreclosure of such liens to enforce payment of any past due assessment. - 5 - ýÿ 4.3 The instruments by which the Master Association is formed and operated shall also create the irrevocable right of Fraser to enforce the Master Association's maintenance obligation and its assessment and lien rights in connection therewith in the event the Master Association shall fail to do so. Such right may be exercised by Fraser only if it shall first give the Master Association ninety (90) days to commence in good fai~h to fulfill its maintenance respon- sibilities. The ninety (90) day period shall begin to run only upon delivery by Fraser to the Master Association of written notice to this effect. If it shall fail to do so within such ninety (90) days, Fraser shall exercise such rights only until such time as the Master Association shall demonstrate its willingness and ability to perform its maintenance responsibilities. 5.0 - AMENDMENT OR SUPPLEMENT President These Master Covenants may be amended or supplemented by Grantor or the owners of ninety percent (90%) of the area comprising the Property; provided that no such amendment or supplement may diminish the scope or applicability hereof unless Fraser's written approval be first obtained. WINTER PARK RANCH, INC., a Colorado corporation BY: ATTEST: Secretary (CORPORATE SEAL) - (; - PUD SPECIAL USE PERMIT WINTER PARK RANCH, INC., a Colorado corporation, is hereby granted a PUD Special Use Permit pursuant to the Fraser Planned Unit Development Ordinance and Ordinance No. /07 of the Town of Fraser, Colorado, for the following tract of real property located in the Town of Fraser, County of Grand and State of Colorado, to wit: PARCEL A A parcel of land in the NWl/4SEl/4, Nl/2SWl/4 and SWl/4NWl/4 of Section 20, Township 1 South, Range 75 West of the 6th P.M., described as follows: Beginning at a point on the West line of the NWl/4 of said Section 20, from which point the Wl/4 corner of said Section 20 bears South 00011'00" East 190.79 feet; thence North 00011'00" West along said West line 442.93 feet to the Northerly right of way line of the old county road as described in Book 59 at Page 304; thence North 74020'00" East along said Northerly right of way line 168.74 feet; thence North 85055'00" East along said Northerly right of way line of old county road 69.37 feet to a point on the Northerly right of way line of the New County Road; thence South 32048'50" East crossing said New County Road at a substantially right angle thereto 60.00 feet to a point on the South right of way line of said New County Road, and a point of non-tangent curve; thence along said curve to the right having a radius of 483.94 feet, an arc distance of 104.10 feet (the chord of which bears North 63020'55" East) to a point of compound curve; thence along said curve to the right having a radius of 195.81 feet, an arc distance of 198.42 feet to a point of tangency; thence South 52025'07" East 76.19 feet; thence along a curve to the left having a radius of 995.43 feet, an arc distance of 144.10 feet (the chord of which bears South 56033'57" East) to a point of tangency; thence South 60042'46" East along said South right of way line 47.01 feet to a point of tangent curve; thence along said curve to the right and along said South right of way line, having a radius of 344.74 feet, an arc distance of 91.45 feet to a point of tangency; thence continuing along said South right of way line South 45030'47" East 120.03 feet to a point of tangent curve; thence continuing along said South right of way line and along said curve to the left having a radius of 1648.20 feet, an arc distance of 485.19 feet to a point on the East line of the SWl/ 4Nli'l/ 4 of said Section 20; thence South 00001'44" East 77.68 feet to the Southeast corner of the SWl/4NWl/4 and the most I~esterly point of the Replat of Winter Park Ranch, Second Filing; thence South 58024'05" East along the Southerly boundary of said Winter Park Ranch Second Filing 1343.00 feet; thence continuing along said Southerly boundary North 31035'55" East 214.09 feet; thence continuing along said Southerly boundary South 58024'05" East 1518.81 feet to a point on the South line of the Nw1/4SE1/4 of said Section 20; thence South 89047'58" West along said South line of the NW1/4SE1/4 and its extension 1351.73 feet; thence North 66006'50" West 498.10 feet; thence South 89047'58" West 417.50 feet; thence North 66006'50" West along the Northerly right of way of ýÿ u.s. Highway No. 40 618.52 feet to a point of tangent curve; thence along said curve to the right having a radius of 1928.60 feet, an arc distance of 568.30 feet; thence North 49013'50" West along said Northerly right of way line 299.58 feet; thence North 45035'40" West along said Northerly right of way line 281.19 feet; thence North 00036'41" East along said Northerly right of way line 123.94 feet; thence North 35006'40" West along said Northerly line 294.04 feet to the point of beginning, County of Grand, State of Colorado. PARCEL B A part of the NE1/4SW1/4 of Section 20, Township 1 South, Range 75 West of the 6th P.M., described as follows: Beginning at a point on the South line of the NE1/4SW1/4 of said Section 20 from which point the Southeast corner of said NEl/4SWl/4 bears North 89047'58" East 124.10 feet as measured along said South line; thence South 89047'58" West along said South line 417.50 feet to a point on the North right of way line of U.S. Highway No. 40; thence North 660 06'50" West along said North right of way line 498.10 feet; thence North 89047'58" East 417.50 feet; thence South 660 06'50" East parallel with said North right of way line of U.S. Highway No. 40, 498.10 feet to the point of beginning, County of Grand, State of Colorado. upon the following terms and conditions: (1) Winter Park Ranch, Inc. is granted permission to develop the above described property in accordance with the provisions of the approved and adopted PUD Plan for said pro- perty, a copy of which is attached to this Permit as Exhibit "A" and which by this reference is incorporated herein and made a part hereof. (2) No further conditions are imposed with respect to the development of said property, other than those set forth in the PUD Plan (Exhibit "A"). (3) The development of the above described property provided for in the PUD Plan (Exhibit "A") shall be completed within a period of twenty (20) years following the date hereof, subject, however, to earlier termination or extension of this Permit and the PUD Plan in accordance with the provisions of said Plan. (4) Upon recording of a copy of this PUD Special Use Permit in the records of the Clerk and Recorder of Grand County, Colorado, the terms of this Permit and the provisions of the approved PUD Plan (Exhibit "A") shall govern and control the use and development of the above described property in lieu of and - 2 - ýÿ ACCEPTED: with the same force and effect as the requirements of the Fraser Zoning Ordinance otherwise applicable to said property. (5) Enforcement of the approved PUD Plan (Exhibit "A") and any modifications or amendments thereto shall be in accordance with the provisions of said Plan and with the provisions of Article VI of the Fraser Planned Unit Development Ordinance, as said Ordinance exists at the time this Permit is issued. DATED THIS ;;. t/ ~ day of /11 A-,t!. c t.. , 1982. TOWN OF FRASER, COLORADO BY: j(f/ If 17 c' d/ /(i.~j~CY t// t1ayor ATTEST: (4;0</" uJul own Clerk ( SEA L ) INC. , tion President ATTEST-:? p..~7/4 /I ~_. M 2~ Secretary / (CORPORATE SEAL) \>-J I ~r-;: ( fez )QA\ ~ rf - 3 - APPLICATION TO AMEND ZONING }ffiP The undersigned, Winter Park Ranch, Inc., has filed four (4) separate Petitions for Annexation, which, taken together, request that the Town of Fraser annex the following property: PARCEL A A parcel of land in the NW1/4SEl/4, Nl/2SW1/4 and SW1/4NWl/4 of Section 20, Township 1 South, Range 75 West,of the 6th P.M., described as follows: Beginning at a point on the West line of the NW1/4 of said Section 20, from which point the Wl/4 corner of said Section 20 bears South 00011'00" East 190.79 feet; thence North 00011'00" West along said West line 442.93 feet to the Northerly right of way line of the old county road as described in Book 59 at Page 304; thence North 74020'00" East along said Northerly right of way line 168.74 feet; thence North 85055'00" East along said Northerly right of way line of old county road 69.37 feet to a point on the Northerly right of way line of the New County Road; thence South 32048'50" East crossing said New County Road at a substantially right angle thereto 60.00 feet to a point on the South right of way line of said New County Road, and a point of non-tangent curve; thence along said curve to the right having a radius of 483.94 feet, an arc distance of 104.10 feet (the chord of which bears North 63020'55" East) to a point of compound curve; thence along said curve to the right having a radius of 195.81 feet, an arc distance of 198.42 feet to a point of tangency; thence South 52025'07" East 76.19 feet; thence along a curve to the left having a radius of 995.43 feet, an arc distance of 144.10 feet (the chord of which bears South 56033'57" East) to a point of tangency; thence South 60042'46" East along said South right of way line 47.01 feet to a point of tangent curve; thence along said curve to the right and along said South right of way line, having a radius of 344.74 feet, an arc distance of 91.45 feet to a point of tangency; thence continuing along said South right of way line South 45030'47" East 120.03 feet to a point of tangent curve; thence continuing along said South right of way line and along said curve to the left having a radius of 1648.20 feet, an arc distance of 485.19 feet to a point on the East line of the SW1/4NW1/4 of said Section 20; thence South 00001'44" East 77.68 feet to the Southeast corner of the SWl/4NW1/4 and the most Westerly point of the Replat of Winter Park Ranch, Second Filing; thence South 58024'05" East along the Southerly boundary of said Winter Park Ranch Second Filing 1343.00 feet; thence continuing along said Southerly boundary North 31035'55" East 214.09 feet; thence continuing along said Southerly boundary South 58024'05" East 1518.81 feet to a point on the South line of the Nwl/4SE1/4 of said Section 20; thence South 89047'58" West along said South line of the NW1/4SEl/4 and its extension 1351.73 feet; thence North 66006'50" West 498.10 feet; thence South 89047'58" West 417.50 feet; thence North 66006'50" West along the Northerly right of way of U.s. Highway No. 40 618.52 feet to a point of tangent curve; thence along said curve to the right having a radius of 1928.60 feet, an arc distance of 568.30 feet; thence North 49013'50" West along said Northerly right of way line 299.58 feet; thence North 45035'40" West along said Northerly right of way line 281.19 feet; thence North 00036'41" East along said Northerly right of way line 123.94 feet; thence North 35006'40" West along said Northerly line 294.04 feet to the point of beginning, County of Grand, State of Colorado. PARCEL B A part of the NEl/4SWl/4 of Section 20, Township 1 South, Range 75 West of the 6th P.M., described as follows: Beginning at a point on the South line of the NEl/4SWl/4 of said Section 20 from which point the Southeast corner of said NEl/4Swl/4 bears North 89047'58" East 124.10 feet as measured along said South line; thence South 89047'58" West along said South line 417.50 feet to a point on the North right of way line of u.S. Highway No. 40; thence North 660 06'50" West along said North right of way line 498.10 feet; thence North 89047'58" East 417.50 feet; thence South 660 06'50" East parallel with said North right of way line of U.S. Highway No. 40, 498.10 feet to the point of beginning, County of Grand, State of Colorado. Winter Park Ranch, Inc. requests that the Town of Fraser commence procedures, pursuant to the statutes of the State of Colorado and its Ordinances, to zone the property and to amend its Zoning Map accordingly. DATED o , 1982. APPLICANT - 2 - ýÿ ~ PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, IN THE STATE OF COLORADO The undersigned, being the owner of one hundred percent (100%) of the property hereinafter described, does hereby petition the Board of Trustees for an appropriate Resolution and Ordinance annexing said property to the Town of Fraser. Petitioner states as follows: (1) It is desirable and necessary that such territory be annexed to the municipality. (2) The requirements of Sections 31-12-104 and 31-12- 105, C.R.S. 1973, exist or have been met. (3) The signer of this Petition comprises the landowner of one hundred percent (100%) of the territory included in the area proposed to be annexed, exclusive of streets and alleys. (4) The undersigned requests that the Town of Fraser approve the annexation of the area proposed to be annexed. (5) The name and address of the undersigned petitioning landowner is: Winter Park Ranch, Inc., a Colorado corporation 1624 Market Street Denver, Colorado 80202 (6) The legal description of the land owned by the undersigned petitioning landowner is: A parcel of land in the West 1/2 of Section 20, Township 1 South Range 75 West of the 6th P.M. described as follows: Beginning at a point on the West line of the Northwest 1/4 of said Section 20, from which point the West 1/4 corner of said Section 20 bears S-OOOll'OO"-E 190.79 feet; thence N- 00011'00''-W along said West line 442.93 feet to the Northerly right-of-way line of the old county road as described in Book 59 page 304; thence N-74020'OO"-E along said Northerly right-of-way line 168.74 feet; thence N-85055'OO"-E along said Northerly right-Of-way line of old county road 69.37 feet to a point on the Northerly right-of-way line of the New County Road; thence S-32048'50"-E crossing said New County Road at a substantially right angle thereto 60.00 feet to a point on the South right-of-way line of said New County Road, and a point of non-tangent curve; thence along said curve to the right having a radius of 483.94 feet an arc distance of 104.10 feet (the chord of which bears N- 63020'55"-E) to a point of compound curve; thence along said curve to the right having a radius of 195.81 feet an arc distance of 198.42 feet to a point of tangency; thence S- 52025'07"-E 76.19 feet; thence S-29013'58"-w leaving said South right-of-way line of the New County Road 893.12 feet to a point on the Northerly line of a parcel of land referred to as No. 7 Rev. of the State Department of Highways Project No. FC 040-3(7); thence N-00036'41''-E along said Northerly line 123.94 feet; thence N-35006'40"-W along said Northerly line 294.04 feet to the Point of Beginning, Grand County, State of Colorado. (7) The date of signing of the Petitioner's ~ ,1982. A~t of the Clrculator of this Petition signature is (8) The appears below, affirming that such signature is the signature of the Petitioner. (9) Accompanying this Petition are four (4) copies of an annexation map containing the information required by Section 31-12-107 (1) (d), C.R.S. 1973. This Petition is submitted pursuant to that certain Agreement between Winter Park Ranch, Inc. and the Town of Fraser, Colorado, approved by Fraser pursuant to its Ordinance No. 99, Series 1981, adopted August 5, 1981, and is subject to all matters set forth therein. WHEREFORE, Petitioner prays that the Board of Trustees adopt an Ordinance annexing said property to the Town of Fraser. ATTEST: /':" <L. '.A' / I/:'./ // '-r(~ A.JJT:.. Secretary ( SEA L ) - 2 - ýÿ A F F I D A V I T I, ;/ If {76' [/? r-" r/~6-';' € , the Circulator of this Petition, do hereby affirm that the signature of /J1rl{'" ft. /-7 V' ~ ~ /},./, President of winter /,/ ,4 ,1/cF Park Ranch, Inc. , and of .~JofrJ ~ t-L.-/4 $' (. f -Secretary of winter Park Ranch, Inc. , is the signature of said persons in said capacities and that they constitute the signature of the Petitioner and that the same was subscribed before me on the date set forth in Paragraph (7) above. ~/) ~ ; /l/'Wi'cM \..4;4'/ e / '/ .. /17 STATE OF COLORADO SS COUNTY OF ~e~ver The foregoing Affidavit was acknowledged before me this 3"L\. day of t="e.br\)c",r-~ , 19b~ by -:Qo'ce.r-bc:..... \\eJ:'f:)e-- witness my hand and official seal. ~1y Commission expires: 4Jl..?:>/84- ( S 1'. A L ) - 3 - ýÿ 1 PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, IN THE STATE OF COLORADO The undersigned, being the owner of one hundred percent (100%) of the property hereinafter described, does hereby petition the Board of Trustees for an appropriate Resolution and Ordinance annexing said property to the Town of Fraser. Petitioner states as follows: (1) It is desirable and necessary that such territory be annexed to the municipality. (2) The requirements of Sections 31-12-104 and 31-12- 105, C.R.S. 1973, exist or have been met. (3) The signer of this petition comprises the landowner of one hundred percent (100%) of the territory included in the area proposed to be annexed, exclusive of streets and alleys. (4) The undersigned requests that the Town of Fraser approve the annexation of the area proposed to be annexed. (5) The name and address of the undersigned petitioning landowner is: Winter Park Ranch, Inc., a Colorado corporation 1624 Market Street Denver, Colorado 80202 (6) The legal description of the land owned by the undersigned petitioning landowner is: A parcel of land in the West 1/2 of Section 20, Township 1 South, Range 75 West of the 6th P.M. described as follows: Beginning at the Southeast COrner of the SW1/4 of the NW1/4 of said Section 20; thence S-16009'39"-E 1167.79 feet to a point on the Northerly right-of-way line of u.S. Highway No. 40; thence N-66006'50"-w along said Northerly right-of-way line 618.52 feet to a point of tangent curve; thence along said curve to the right having a radius of 1928.60 feet an arc distance of 568.30 feet; thence N-49013'50"-W along said Northerly right-of-way line 299.58 feet; thence N-45035'40"- W along said Northerly right-of-way line 281.19 feet; thence N-29013'58"-E leaving said Northerly right-of-way line of u.S. Highway No. 40 893.12 feet to a point on the South right-of-way line of the New County Road and to a point of non-tangent curve, thence along said curve to the left having a radius of 995.43 feet an arc distance of 144.10 feet (the chord of which bears S-56033'57"-E) to a point of tangency; thence S-60042'46"-E along said South right-of-way line 47.01 feet to a point of tangent curve; thence along said curve to the right and along said South right-of-way line, having a radius of 344.74 feet, an arc distance of 91.45 feet to a point of tangency; thence continuing along said South right-of-way line S-45030'47"-E 120.03 feet to a point of tangent curve; thence continuing along said South right-of-way line and along said curve to the left having a radius of 1648.20 feet an arc distance of 485.19 feet to a point on the East line of the SW1/4 of the NWl/4 of said Section 20, thence S-00oOl'44"-E 77.68 feet to the point of Beginning, Grand County, Colorado. (7) The signature is (8) The Affidavit of the Circulator of this Petition appears below, affirming that such signature is the signature of the Petitioner. (9) Accompanying this Petition are four (4) copies of an annexation map containing the information required by Section 31-12-107(1) (d), C.R.S. 1973. This Petition is submitted pursuant to that certain Agreement between Winter Park Ranch, Inc. and the Town of Fraser, Colorado, approved by Fraser pursuant to its Ordinance No. 99, Series 1981, adopted August 5, 1981, and is subject to all matters set forth therein. WHEREFORE, Petitioner pra~s that the Board of Trustees adopt an Ordinance annexing said property to the Town of Fraser. '4' ' V<d,"'///// ~(. '71~ ~JJ~ Secretary ( SEA L ) - 2 - ýÿ A F F I D A V I T I, ./ ;f~6 .(/1/1 //ccrr;:~ , the Circulator of this Petition, do hereby affirm that the signature of /14/1./1', /I. .h ,1'.'" /j "/, I President of Winter Park Ranch, Inc. , and of &, c ,...{ /L ~ ,I"'.J /1 /1/,/ L:-' /. fr S! I Secretary of Winter Park Ranch, Inc. , is the signature of said persons in said capacities and that they constitute the signature of the Petitioner and that the same was subscribed before me on the date set forth in Paragraph (7) above. I/? Jf. //' 4i/t/~r/ ~-p~ /' t "/,- . / / ' STATE OF COLORADO 55 COUNTY OF 'Der>u e (' The foregoing Affidavit was acknowledged before me this 7l"d ~ day of --re..'of0CdL-J , 19Bz, by t2..o\:'e.\-c...... ~ec1'1L~ Witness my hand and official seal. My Commission expires:4/Z3/8I-\- cp.vc. 0,0.... U ~'-CVYLC_~'- Notary Public Address: \ ~~)C) 1\ \"'- c:" \'ree.. t- i'Y-.....dF>r en ~?L.:>7 ( SEA L ) - 3 - I 7 L- PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, IN THE STATE OF COLORADO The undersigned, being the owner of one hundred percent (100%) of the property hereinafter described, does hereby petition the Board of Trustees for an appropriate Resolution and Ordinance annexing said property to the Town of Fraser. Petitioner states as follows: (1) It is desirable and necessary that such territory be annexed to the municipality. (2) The requirements of Sections 31-12-104 and 31-12- 105, C.R.S. 1973, exist or have been met. (3) The signer of this Petition comprises the landowner of one hundred percent (100%) of the territory included in the area proposed to be annexed, exclusive of streets and alleys. (4) The undersigned requests that the Town of Fraser approve the annexation of the area proposed to be annexed. (5) The name and address of the undersigned petitioning landowner is: Winter Park Ranch, Inc., a Colorado cor,poration 1624 Market Street Denver, Colorado 80202 (6) The legal description of the land owned by the undersigned petitioning landowner is: A parcel of land in the South 1/2 of Section 20, Township 1 South Range 75 West of the 6th P.M. described as follows: Beginning at the Southeast corner of the Southwest 1/4 of the Northwest 1/4 and the most Westerly point of the Replat of Winter Park Ranch Second Filing; thence S-58024'05"-E along the Southerly boundary of said Winter Park Ranch Second Filing 1343.00 feet; thence continuing along said Southerly boundary N-31035'55"-E 214.09 feet; thence continuing along said Southerly boundary S-58024'05"-E 1518.81 feet to a point on the South line of the NW1/4 of the SE1/4 of said Section 20; thence S-89047'58"-W along said South line of the NW1/4SE1/4 and its extension 1351.73 ft.; thence N- 66006'50"-W 498.10 feet; thence S-89047'58"-\'1 417.50 feet; thence N-16009'39"-W 1167.79 feet to the Point of Beginning, Grand County, State of Colorado. (7) The date of signing of the Petitioner's signature is ,-/5 , 1982. (8) The Affidavit of the Circulator of this Petition appears below, affirming that such signature is the signature of the Petitioner. (9) Accompanying this Petition are four (4) copies of an annexation map containing the information required by Section 31-12-107 (1) (d), C.R.S. 1973. This Petition is submitted pursuant to that certain Agreement between Winter Park Ranch, Inc. and the Town of Fraser, Colorado, approved by Fraser pursuant to its Ordinance No. 99, Series 1981, adopted August 5, 1981, and is subject to all matters set forth therein. WHEREFORE, Petitioner prays that the Board of Trustees adopt an Ordinance annexing said property to the Town of Fraser. B ATTEST: ) b ,_ '" " ,,/ /,:t. /;:f 11-41--<----- II J J7". Secretary ( SEA L ) A F F IDA V I T , I, ~/", c-.,{> T /! H,! 5&~ , the Circulator of this Petition, do hereby affirm that the signature of A .r' If '" ,0.', /--- Pcf' /'~ President of Winter Park Ranch, Inc. , and of d JI!../[c./? /I. /V/ .c: - j::t 5 s r Secretary of Winter Park Ranch, Inc. , is the signature of said persons in said capacities and that they constitute the signature of the Petitioner and that the same was subscribed before me on the date set forth in Paragraph (7) above. /7 ~. .I;~/~ ~f!' I . ,- >/l--- .---- - 2 - ýÿ STATE OF COLORADO ) ) SS COUNTY OF i:le"uC" ("' ) The foregoing Affidavit was acknowledged before me this '?,rd day of t=;,hr,)M'1 ' 19~, by Kol'eJ'\_1c-... \\<:".c')(',1"": Witness my hand and official seal. My Commission expires: "i/2:.3j'6Q 'R:'~ r. 00 U R,,,-c,,",, ,c h.... Notary Public Address: \s.~, \-.n-.. S\-cPE> -\- \:)e.{"\,)Fr (LY I P, nze,? ( SEA I. - 3 - ýÿ PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, IN THE STATE OF COLORADO The undersigned, being the owner of one hundred percent (100%) of the property hereinafter described, does hereby petition the Board of Trustees for an appropriate Resolution and Ordinance annexing said property to the Town of Fraser. Petitioner states as follows: (1) It is desirable and necessary that such territory be annexed to the municipality. (2) The requirements of Sections 31-12-104 and 31-12- 105, C.R.S. 1973, exist or have been met. (3) The signer of this Petition comprises the landowner of one hundred percent (100%) of the territory included in the area proposed to be annexed, exclusive of streets and alleys. (4) The undersigned requests that the Town of Fraser approve the annexation of the area proposed to be annexed. (5) The name and address of the undersigned petitioning landowner is: Winter Park Ranch, Inc., a Colorado corporation 1624 Market Street Denver, Colorado 80202 (6) The legal description of the land owned by the undersigned petitioning landowner is: A parcel of land in Section 20, Township 1 South, Range 75 West of the 6th P.M. described as follows: Beginning at a point on the South line of the NE1/4 of the SWl/4 of said Section 20 from which point the Southeast corner of said NE1/4 of the Swl/4 bears N-89047'58"-E 124.10 feet as measured along said South line; thence S-89047'58"-w along said South line 417.50 feet to a point on the North Right-of-Way line of U.S. Highway #40; thence N-66006'50"-w along said North Right-of-Way line 498.10 feet; thence N- 89047'58"-E 417.50 feet; thence S-66006'50"-E parallel with said North right-of-way line of U.S. Highway 40, 498.10 feet to the Point of Beginning, Grand County, State of Colorado. (The above described property is also known as the Barnstore Property described in Book 264 at Page 540.) ýÿ (7) The date of signing of the Petitioner's signature is 'rhe t,~daVit , 1982. (8) of the Circulator of this Petition appears below, affirming that such signature is the signature of the Petitioner. (9) Accompanying this petition are four (4) copies of an annexation map containing the information required by Section 31-12-107 (1) (d), C.R.S. 1973. This Petition is submitted pursuant to that certain Agreement between Winter Park Ranch, Inc. and the Town of Fraser, Colorado, approved by Fraser pursuant to its Ordinance No. 99, Series 1981, adopted August 5, 1981, and is subject to all matters set forth therein. WHEREFORE, Petitioner prays that the Board of Trustees adopt an Ordinance annexing said property to the Town of Fraser. ATTEST: /;-~ /v /A'A. /? / ?1 '--7~ rr' '" 5, r Secretary SEA L ) A F F I D A V I T J I, /j8~/"r/l /-t [.?? ~ the Circulator of this Petition, do hereby affirm that the signature of H /lP <( /1. /--I~(~ /'1/, ) President of \Vinter Park Ranch, Inc., and of ~/.! d /<-.': ff /1. /1/# cC ~s~1.secretary of Winter Park Ranch, Inc., is the signature of said persons in said capacities and that they constitute the signature of the Petitioner and that the same was subscribed before me on the date set forth in Paragraph (7) above. 7 ~ II it///Y# ''>-r; I> - 2 - STATE OF COLORADO ss COUNTY OF ~f\\)~ r The foregoing Affidavit was acknowledged before me this :ST"c\ day of .1=ehr..x,r~ ,192,2, by 12.n\Y'r\c... Witness my hand and official seal. t-\.et":c e... I I Hy Commission expires: 4/z..~/fY't- ~ )~ . "--.)c~ l _V'v"LC- \- Notary Public Address: \ sSo \ ,'d--.. ~--"""<,,r , '2~~Q~ .-:- ~r~_c)2- ( SEA :::, - 3 - ýÿ APPLICATION FOR EXEMPTION, VARIANCE, AND/OR WAIVER FROM SUBDIVISION REGULATIONS TO: BOARD OF TRUSTEES AND PLANNING COMMISSION OF TOvffl OF FRASER, COLORADO The undersigned, Winter Park Ranch, Inc., has filed four (4) separate Petitions for Annexation, which, taken together, request that the Town of Fraser annex the following property: PARCEL A A parcel of land in the NW1/4SEl/4, Nl/2SW1/4 and SW1/4NW1/4 of Section 20, Township 1 South, Range 75 West of the 6th P.M., described as follows: Beginning at a point on the West line of the NWl/4 of said Section 20, from which point the Wl/4 corner of said Section 20 bears South 00"11'00" East 190.79 feet; thence North 00011'00" West along said West line 442.93 feet to the Northerly right of way line of the old county road as described in Book 59 at Page 304; thence North 74020'00" East along said Northerly right of way line 168.74 feet; thence North 85"55'00" East along said Northerly right of way line of old county road 69.37 feet to a point on the Northerly right of way line of the New County Road; thence South 32048'50" East crossing said New County Road at a substantially right angle thereto 60.00 feet to a point on the South right of way line of said New County Road, and a point of non-tangent curve; thence along said curve to the right having a radius of 483.94 feet, an arc distance of 104.10 feet (the chord of which bears North 63020'55" East) to a point of compound curve; thence along said curve to the right having a radius of 195.81 feet, an arc distance of 198.42 feet to a point of tangency; thence South 52025'07" East 76.19 feet; thence along a curve to the left having a radius of 995.43 feet, an arc distance of 144.10 feet (the chord of which bears South 56033'57" East) to a point of tangency; thence South 60042'46" East along said South right of way line 47.01 feet to a point of tangent curve; thence along said curve to the right and along said South right of way line, having a radius of 344.74 feet, an arc distance of 91.45 feet to a point of tangency; thence continuing along said South right of way line South 45030'47" East 120.03 feet to a point of tangent curve; thence continuing along said South right of way line and along said curve to the left having a radius of 1648.20 feet, an arc distance of 485.19 feet to a point on the East line of the SW1/4NWl/4 of said Section 20; thence South 00001'44" East 77.68 feet to the Southeast corner of the SW1/4NW1/4 and the most Westerly point of the Replat of Winter Park Ranch, Second Filing; thence South 58024'05" East along the Southerly boundary of said Winter Park Ranch Second Filing 1343.00 feet; thence continuing along said Southerly boundary North 31035'55" East 214.09 feet; thence continuing along said Southerly ýÿ boundary South 58024'05" East 1518.81 feet to a point on the South line of the Nwl/4SEl/4 of said Section 20; thence South 89047'58" West along said South line of the NWl/4SEl/4 and its extension 1351.73 feet; thence North 66006'50" West 498.10 feet; thence South 89047'58" West 417.50 feet; thence North 66006'50" West along the Northerly right of way of U.S. Highway No. 40 618.52 feet to a point of tangent curve; thence along said curve to the right having a radius of 1928.60 feet, an arc distance of 568.30 feet; thence North 49013'50" vJest along said Northerly right of way line 299.58 feet; thence North 45035'40" West along said Northerly right of way line 281.19 feet; thence North 00036'41" East along said Northerly right of way line 123.94 feet; thence North 35006'40" West along said Northerly line 294.04 feet to the point of beginning, County of Grand, State of Colorado. PARCEL B A part of the NEl/4SWl/4 of Section 20, Township 1 South, Range 75 West of the 6th P.M., described as follows: Beginning at a point on the South line of the NEl/4SWl/4 of said Section 20 from which point the Southeast corner of said NEl/4SWl/4 bears North 89047'58" East 124.10 feet as measured along said South line; thence South 89047'58" West along said South line 417.50 feet to a point on the North right of way line of U.S. Highway No. 40; thence North 660 06'50" West along said North right of way line 498.10 feet; thence North 89047'58" East 417.50 feet; thence South 660 06'50" East parallel with said North right of way line of U.S. Highway No. 40, 498.10 feet to the point of beginning, County of Grand, State of Colorado. Winter Park Ranch, Inc. hereby applies for an exemption, variance, and/or waiver from the Fraser Subdivision Regulations, pursuant to the Agreement Between Winter Park Ranch, Inc. and The Town of Fraser, Colorado, entered into by Fraser pursuant to its Ordinance No. 99, Series 1981. DATED 1./:3 I , 1982. APPLICANT - 2 -