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.
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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:
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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:
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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
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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
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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.
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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
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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
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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
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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 )
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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
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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)
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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
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12
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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.
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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.
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-';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.
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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
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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:
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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.
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(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
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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.
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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.
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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).
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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
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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
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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
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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
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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.
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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.
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~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
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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.
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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 ~.
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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.
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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.)
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(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
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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~
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~r~_c)2-
( SEA :::,
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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
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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
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