HomeMy Public PortalAboutTBP 2014-09-17
Town Board Briefing
September 17, 2014
Please note that members of the Town Board will have dinner together starting at
5:30pm.
The Board will begin the regular meeting at 6:00pm. However, between 6:00pm and
7:00pm the Board will be in Executive Session regarding a Subdivision Improvement
Agreement.
During the last meeting, the Board continued the Willows Subdivision request to
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September 17 and asked for an opportunity to focus the discussion on the 17 on the
following four topics:
Curbs and Drainage
Trails and Open Space
Secondary Access and SIA Language
Maximum Building Height
Curbs and Drainage
We have discussed this in more detail with the Town Engineer, who has a follow up
discussion scheduled with the project engineer. We believe there are cost effective
solutions to address the concerns that had been raised during the Town Engineer’s
review. We can provide more information after that conversation, and would note that
those concerns must be addressed as provided by proposed condition number 5 (on the
draft resolution).
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I would note that during the meeting on the 3, the Board discussed adding a number of
conditions to the resolution. I have revised the resolution as provided in your packet to
avoid duplicative and redundant conditions. Additionally, matters that are code
requirements, such as execution of an SIA and provision of related surety, are not
necessary as conditions of approval (they are code requirements).
Trails and Open Space
It was staff’s position during the review process that the sidewalks provided within the
subdivision addressed the trail/sidewalk requirements of the subdivision code.
Members of the Board expressed an interest in making the other trails public. I think it’s
important to note that while prior Boards shared that goal, they also recognized that
public infrastructure includes maintenance obligations and the developer suggested that
they had better resources to manage some of these types of amenities. While the
annexation agreement anticipates that such trails may be public, the Trail Plan that was
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adopted on August 20 notes that the trails are currently private and maintained by the
developer (this was the language that Clark requested).
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
The ownership of the common areas poses another challenge. The Town Attorney
correctly cites provisions in the Subdivision Code regarding ownership/dedication of
such property. The developer/applicant notes that we have done it differently in prior
cases. Of course, that does not make what may have been done previously correct, nor
does that change the code. However, at the end of the day, the goal I believe is to
ensure that open space areas don’t become future development parcels and that they
are properly managed and maintained. We have not had an opportunity to discuss this
in further detail with the applicant, but I do believe it is manageable and addressed by
condition 5.
Secondary Access and SIA Language
Upon completion and approval of the engineering drawings (per condition 5), we would
finalize the SIA which will include extension of Old Victory Road (OVR) to the location
beyond the first access to the subdivision (as discussed), and completion of the
remainder of the internal main road and extension of OVR to beyond the second
subdivision access road at the time of completion of the final phase or five years,
whichever occurs first (as discussed).
Maximum Building Height
The Planned Development District for this property (zoning) allows for a maximum
building height of 75 feet. The applicant has proposed to reduce that to 55 feet via the
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Final Planned Development Plan (FPDP). During the meeting on the 3, the applicant
indicated a willingness to further reduce that to 48 feet. As discussed during that
meeting, the draft resolution includes that provision (condition 3). However, it is my
understanding at this point that the applicant is no longer willing to reduce the max
height below 55 feet.
Additional submittals and materials are included in the packet.
Additional briefings and materials related to the other agenda items are included in the
packet.
As always, feel free to contact me if you have any questions or need any additional
information.
Jeff Durbin
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
Town Board Briefing
October 1, 2014
Please note that members of the Town Board will have dinner together starting at 5:30pm.
The regular meeting will begin at 6:00pm. However, please note that the Board will conduct
some routine business at the beginning of the meeting and then is expected to be in
executive session for the duration of the evening. The executive session relates to legal
advice and negotiation on water and sewer matters. No action will be taken after the
executive session.
Please see enclosed correspondence regarding the easement vacation public hearing. The
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Board will open the hearing and immediately thereafter continue the hearing to October 15.
As always, feel free to contact me if you have any questions or need any additional
information.
Jeff Durbin
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
FRASER BOARD OF TRUSTEES
MINUTES
DATE:
Wednesday, September 3, 2014
MEETING:
Board of Trustees Regular Meeting
PLACE:
Fraser Town Hall Board Room
PRESENT
Board:
Mayor Peggy Smith; Mayor Pro-Tem Philip Naill; Trustees; Eileen
Waldow, Katie Soles, Cody Clayton Taylor, Andy Miller and Jane Mather
Staff:
Town Manager Jeff Durbin; Town Clerk, Lu Berger; Finance Manager Nat
Havens; Public Works Director Allen Nordin; Town Planner, Catherine
Trotter; Plant Supervisor Joe Fuqua, Town Attorney Rod McGowan
Others:
See attached list
Mayor Smith called the meeting to order at 6:04 p.m.
1. Regular Meeting:
Roll Call
2. Approval of Agenda:
motion
Trustee Soles moved, and Trustee Waldow seconded the to approve the
Motion carried: 7-0.
Agenda.
3. Executive Session
For a conference with the Town’s Attorney for the purpose of
receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4) (b)
and for the purpose of determining positions relative to matters that may be subject to
negotiations, developing strategy for negotiations, and/or instructing negotiators, under
C.R.S. Section 24-6-402(4)(e) regarding Subdivision Improvements and to include TM
Durbin, TA McGowan, PW Nordin and TP Trotter.
motion
Trustee Soles moved, and Trustee Miller seconded the to enter executive
Motion carried: 7-0.
session.
Enter:
6:05 p.m.
Exit:
7:24 p.m.
motion
Trustee Soles moved, and Trustee Mather seconded the to exit executive
Motion carried: 7-0.
session.
Attorney’s Opinion Required by C.R.S. 24-6-402(2)(d.5)(II)(B).
As the attorney representing the Town of Fraser, I am of the opinion that the entire
Executive Session, which was not recorded, constituted a privileged attorney-client
communication.
Rod McGowan, Town Attorney
Page 2 of 2
4. Consent Agenda:
a) Minutes – August 20, 2014
motion
Trustee Soles moved, and Trustee Waldow seconded the to approve the
Motion carried: 7-0.
consent agenda.
5. Open Forum:
None
6. Public Hearings:
a) RV Easement Vacation (and relocation) Lot 56, East Mountain Filing 1,
(Rendezvous) Reception # 2001-002997
motion
Trustee Soles moved, and Trustee Naill seconded the to open the public
hearing on RV Easement Vacation (and relocation) Lot 56, East Mountain Filing 1,
Motion carried: 7-0.
(Rendezvous) Reception # 2001-002997.
The Town Board generally supports staff finalizing documents and bringing back for
consideration of approval.
motion
Trustee Naill moved, and Trustee Soles seconded the to continue the public
hearing on RV Easement Vacation (and relocation) Lot 56, East Mountain Filing 1,
Motion carried: 7-0.
(Rendezvous) Reception # 2001-002997 until September 17, 2014.
7. Discussion and Possible Action Regarding:
a) Resolution 2014-09-01Approving Final Plan – The Willows at Grand Park
(Planning Area 2w.1) Approving Final Plats – The Willows at Grand Park Filing
No. 1, Filing No.2, Filing No. 3 and Filing No. 4
TP Trotter outlined the Final Plan and Final Plats for the Willows, the outstanding
conditions that need to be met by the developer and the conditions recommended by the
Planning Commission.
Jack Bestall, representing Grand Park outlined the scope of the project for the Board.
Staff will provide further information regarding the following 4 items for the Town Board’s
consideration:
Curbs and drainage
Trails and open space
Secondary access/SIA
Maximum building height
Resolution 2014-09-01will be brought back for Board consideration on September 17,
2014.
8. Other Business:
motionMotion
Trustee Soles moved, and Trustee Naill seconded the to adjourn.
carried: 7-0.
Meeting adjourned at 10:12 p.m.
Lu Berger, Town Clerk
Serene Wellness Retail Marijuana Center License Application
We have a public hearing this evening for Serene Wellness Retail Marijuana Center License
Application beginning at 7:00 p.m.
Please see the RMC Findings of Facts regarding Serene Wellness in the packet for your most
comprehensive outline of the conditions required. Below is a brief summary of what was found.
Please feel free to contact staff with any questions you may have.
A Retail Marijuana Center license application was received in my office on July 29, 2014
from Serene Wellness Fraser, LLC., P.O. Box 331 Empire, CO 80438 dba; Serene
Wellness, 255 Mill Avenue, Fraser, CO 80442
That the Notice of Public Hearing on this matter was posted on the premises on
Thursday, September 8, 2014 at least 10 days prior to the hearing, and that the
publication of the hearing was published in a newspaper of general circulation beginning
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on September 3 thru September 17 2014 at least 10 days prior to the Public Hearing.
The license application is complete, including all payment of fees.
The applicant had requested a concurrent review and the application was received in my
office from the State to begin that process.
The background check by the Fraser Winter Park Police Department found no negative
information.
I would recommend approval based on the criteria referenced in the Findings of Fact
and the conditions referenced in the Resolution 2012-09-01;
Compliance with all applicable state requirements and receipt by the Town Clerk
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of approval from the Colorado Department of Revenue Medical Marijuana
Enforcement Division for issuance of the license;
Satisfactory completion of any and all alterations and improvements to the
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licensed premises required to comply with the Fraser building and development
codes and state and local medical marijuana regulations;
Payment of all license and other applicable fees.
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TOWN OF FRASER
ORDINANCE NO. 417
Series 2014
AN ORDINANCE AMENDING THE FRASER MUNICIPAL CODE BY ADOPTING
LICENSING AND OPERATIONAL REQUIREMENTS FOR RETAIL MARIJUANA
BUSINESSES WITHIN THE TOWN OF FRASER; REPEALING THE EXISTING
MORATORIUM REGARDING THE LICENSING OF SUCH BUSINESSES; AND
DECLARING AN EMERGENCY.
WHEREAS, Amendment 64 was adopted in Colorado on November 6, 2012;
and
WHEREAS, Amendment 64, codified in Section 16 of Article XVIII of the
Colorado Constitution, permits adults over the age of twenty-one to consume, possess,
and cultivate limited amounts of marijuana pursuant to the restrictions therein and
permits the State and local governments to license and regulate Retail Marijuana
Establishments to grow, sell, produce, and test marijuana and marijuana products for
consumers; and
WHEREAS, the Colorado General Assembly has adopted the Colorado Retail
Marijuana Code C.R.S 12-43.4-101 et seq., which provides statutory authority to
regulate the cultivation, manufacture, distribution and sale of retail marijuana; and
WHEREAS, the Colorado Retail Marijuana Code states that on or after October
1, 2013, businesses engaged in the cultivation, manufacture or sale of marijuana, in the
processing of marijuana -infused products, or testing of marijuana shall apply for a
license subject to its terms and conditions and any rules promulgated pursuant thereto;
and
WHEREAS, the Colorado Constitution also authorizes municipalities in Colorado
to prohibit or regulate retail marijuana businesses and to adopt regulations consistent
with the intent of the state law; and
WHEREAS, the Board of Trustees has previously adopted Ordinance No. 411
which imposed a temporary moratorium on the licensing of retail marijuana businesses
pending the adoption of state and local regulations regarding such businesses, and
such moratorium will expire on January 23, 2014; and
WHEREAS, the Board of Trustees is now prepared to adopt local regulations
regarding the local licensing and operation of retail marijuana businesses, as provided
in this Ordinance and in accordance with the Colorado Retail Marijuana Code; and
WHEREAS, at the coordinated election held on November 12, 2013, the
registered electors of Fraser approved a ballot question to impose an additional excise
tax on the sale of retail marijuana and retail marijuana products, at the rate of five
percent of the gross amount paid in connection with such sales; and
WHEREAS, the Board of Trustees finds and determines that the provisions of
this Ordinance and the regulations herein adopted for the licensing and operation of
retail marijuana businesses are reasonable and necessary to protect and preserve the
health, safety and welfare of the citizens of the Town of Fraser, Colorado.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO, AS FOLLOWS:
PART 1: AMENDMENT OF MUNICIPAL CODE.
1.1 The Code of the Town of Fraser, Colorado (herein sometimes referred to as
the "Municipal Code"), is hereby amended by adding a new Article to Chapter 6 of said
Code, to be numbered "Article 6 - Retail Marijuana Businesses", which shall read as set
forth in Exhibit "A" attached hereto and incorporated herein by this reference.
1_2 The Fee Schedule set forth in Appendix A of the Municipal Code is hereby
amended by adding the following fees under Chapter 6 of said Appendix A:
Municipal Code -Based Fees, Costs and Deposits
Code
.Section
Fee/Charge
Amount
Chapter 6 '
6-6-60
Application fee for new retail marijuana business
$250.00 for existing medical marijuana
license
business owner; $2,500.00 for other
applicants. These local application fees
are to be collected and remitted by the
state licensing authority.
6-6-60
Annual operating fee for each retail marijuana
$500.00 plus reimbursement of any
establishment
additional fees or expenses incurred by
the Town and/or reimbursement of any
Town expenses incurred in excess of this
amount.
6-6-60
Change of location application fee
$700.00
6-6-60
Modification of premises application fee
$700.00
6-6-60
Change of corporate structure/officers/directors
$500.00
(for each owner/officer/director added)
6-6-60
Manager registration (if not an owner)
$500.00
6-6-110
Transfer of ownership application fee (new
$2,500.00
entity)
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2_1 The temporary moratorium on the licensing of retail marijuana businesses,
pursuant to the provisions of Ordinance No. 411, is hereby repealed effective as of the
date this Ordinance takes effect.
PART 3: PENALTY CLAUSES. The following section of the Code of the Town of
Fraser, Colorado, contains penalty clauses applicable to violations of this Ordinance,
and such section is herewith set forth in full and hereby enacted:
Sec. 1-4-10. General penalty for violation.
It shall be unlawful for any person to violate, disobey, omit, neglect, refuse or fail
to comply with or resist the enforcement of any provision of this Code; and where
no specific penalty is provided therefor, the violation of any provision of this Code
shall be punished by a fine not exceeding two thousand six hundred fifty dollars
($2,650.00), by imprisonment for a term not exceeding one (1) year, or by both
such fine and imprisonment. Each day such violation continues shall be
considered a separate offense.
PART 4: REPEAL. In addition to the repeal of the temporary moratorium, as provided
in Part 2 hereof, any and all existing ordinances or parts of ordinances of the Town of
Fraser covering the same matters as embraced in this Ordinance are hereby repealed
and all ordinances or parts of ordinances inconsistent with the provisions of this
ordinance are hereby repealed; provided, however, that such repeal shall not affect or
prevent the prosecution or punishment of any person for any act done or committed in
violation of any ordinance hereby repealed prior to the taking effect of this Ordinance.
PART 5: SEVERABILITY. If any section, subsection, sentence, clause or phrase of
this Ordinance or the said Codes adopted herein is, for any reason, held to be invalid or
unconstitutional, such decision shall not affect the validity or constitutionality of the
remaining portions of this Ordinance or said Codes. The Town of Fraser hereby
declares that it would have adopted this Ordinance and said Codes, and each section,
subsection, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases thereof be declared invalid or
unconstitutional.
PART 6: DECLARATION OF EMERGENCY; EFFECTIVE DATE. Because of the
immediate risk that inappropriate retail marijuana businesses might be permitted upon
expiration of the existing state and local moratoriums, the Board of Trustees hereby
finds, determines, and declares that an emergency exists, that this Ordinance is
necessary for the immediate preservation of public peace, health, safety and welfare,
and that it shall be in full force and effect immediately upon adoption.
PART 7: PUBLICATION. This Ordinance shall be published by title only.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF
TRUSTEES AND SIGNED THIS 22nd day of JANUARY, 2014.
Votes in favor:
Votes opposed:
Votes abstained:
BOARD OF OF
TOW"F FRASER, COLORADO
Z11
'-•• r •
...v
Lu Berger, Town Cl
Published in the Middle Park Times on January 30, 2014.
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EXHIBIT A
ARTICLE 6
Retail Marijuana Businesses
Sec. 6-6-10 Definitions.
(a) As used in this Article the following words shall have the following meanings,
unless the context clearly requires otherwise:
RM Code means the Colorado Retail Marijuana Code, C.R.S. 12-43.4-101, et seq.
RM Regulations means the Rules Regarding Retail Marijuana, 1 CCR 212-2, as
adopted by Retail Marijuana Enforcement Division of the Colorado Department of
Revenue, and any amendments thereto.
Retail Marijuana Store means a retail marijuana store, as defined in Section 16 of
Article XVIII of the Colorado Constitution or as may be more fully defined in the
Colorado Retail Marijuana Code.
(b) The terms defined in the RM Code and RM Regulations shall have the same
meaning when used in this Article, unless context clearly requires otherwise.
Sec. 6-6-20. Store License Required; Prohibited Operations
(a) It is unlawful for any person to own or operate a Retail Marijuana Store within
the Town of Fraser without first having obtained from the Town and the State a license
for each facility to be operated in connection with such business.
(b) Other types of retail marijuana establishments referred to in the RM Code and
Section 16 of Article XVIII of the Colorado Constitution, including marijuana cultivation
facilities, marijuana product manufacturing facilities and marijuana testing facilities are
prohibited within the Town of Fraser.
Sec. 6-6-30. Local Licensing Authority.
(a) The Fraser Board of Trustees shall be the local licensing authority for the
licensing of Retail Marijuana Stores pursuant to this Article, unless the Board
designates other persons to serve as the local licensing authority. The local licensing
authority shall possess all powers given to local licensing authorities by the provisions of
the RM Code and RM Regulations. Any decision made by the local licensing authority
to grant or deny a license, to revoke or suspend a license, or to renew or not renew a
license shall be a final decision and may be appealed to the district court pursuant to
Rule 106(a)(4) of the Colorado Rules of Civil Procedure.
(b) In case of an application resubmitted directly to the Town pursuant to Section
16(5) (h) of Article XVIII of the Colorado Constitution, due to the failure of the State
licensing authority to act upon an application within ninety (90) days, the Board of
Trustees shall also act as the licensing authority and all requirements of this Article shall
apply to such application. In addition to compliance with this Article, the applicant shall
demonstrate compliance with all applicable requirements of the RM Code and RM
Regulations and shall pay to the Town the full amount of the application fee if not
forwarded by the State. The local licensing authority shall approve or deny such
application within ninety (90) days after receipt of the resubmitted application.
(c) The Town Clerk shall assist the local licensing authority by receiving all
applications; coordinating with other Town officers and departments when relevant;
scheduling required public hearings; and providing notice in accordance with this Article
and the RM Code. The Town Clerk shall also act as the local point -of -contact with the
Colorado Marijuana Enforcement Division on retail marijuana regulatory matters.
Sec. 6-6-40. Limitations and Requirements Applicable to Retail Marijuana Stores.
(a) State Requirements: Retail Marijuana Stores must at all times comply with the
regulations and requirements contained in the RM Code and RM Regulations with
regard to applications, licensing and operations of licensed premises. The local
licensing authority may revoke any license if the Retail Marijuana Store fails to comply
with any and all applicable State requirements.
(b) Location: Retail Marijuana Stores shall only be located on property within the
Business zoning district. Retail Marijuana Stores are not permitted within any other
zoning district or within any building that contains a residential dwelling or lodging unit.
Retail Marijuana Stores shall not be permitted to operate as "home occupations."
(c) Separation Requirements.
(1) No Retail Marijuana Store shall be issued a license if, at the time of the
initial application for such license, the proposed location is:
a. within one thousand feet of any educational institution or school,
either public or private; or
b. within five hundred feet of any existing retail or medical marijuana
business; or
c. within two hundred feet of any existing licensed child care facility at
time of initial application.
(2) The distances set forth in this subsection shall be computed by direct
measurement in a straight line from the nearest property line of the land
used for the purposes stated above, respectively, to the nearest portion of
the building in which the Retail Marijuana Store is located. The locational
criteria contained in this subsection shall apply to all proposed changes in
the location of an existing license.
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(d) Co -location. A Retail Marijuana Store may be located on the same licensed
premises as a Medical Marijuana Business licensed pursuant to Article 5 of this Chapter
6 and operated by the same licensee, subject to compliance with all State requirements
and the requirements of this Article and the issuance of a State license allowing for such
co -location.
(e) Advertisements. Advertisements, signs, displays or other promotional material
depicting marijuana uses or symbols shall not be shown or exhibited off the premises.
No signage associated with a Retail Marijuana Store shall use the word "marijuana,"
"cannabis," or any other word or phrase commonly understood to refer to marijuana.
No signage may display photographs or other representations of marijuana plants.
(f) Indoor Operation; Odors. All retail marijuana dispensing and storage activities
shall be conducted indoors. Products, accessories, and associated paraphernalia shall
not be visible from a public sidewalk or right of way.
(g) Inspection of Licensed Premises. During all business hours and other times of
apparent activity, all licensed premises shall be subject to inspection by the Chief of
Police or the Building Official, or the authorized representative of either of them, for the
purpose of investigating and determining compliance with the provisions of this Article
and any other applicable state or local law or regulation. Such inspection may include,
but need not be limited to, the inspection of books, records and inventory. Where any
part of the premises consists of a locked area, such area shall be made available for
inspection, without delay, upon request.
(h) Additional Requirements: Retail Marijuana Stores shall be subject to the
following additional requirements:
(1) The business may only be open for the sale or distribution of retail marijuana
during the hours of 8:00 a.m. to 7:00 p.m.
(2) No on-site consumption of marijuana is allowed.
(3) A Fraser business license and sales tax license are required.
(4) No mobile structure may be used to dispense retail marijuana.
(5) No alcohol sales or consumption shall be permitted on the licensed
premises.
(6) A licensee shall not permit persons who do not possess a valid identification
or other appropriate proof of age to loiter on or about the licensed premises.
Sec. 6-6-50. Excise Tax.
(a) A tax is imposed upon all retail sales of retail marijuana and retail marijuana
products sold within the town of Fraser by licensed Retail Marijuana Stores at the rate of
five percent (5.0%) of the gross price paid by the purchaser, rounded off to the nearest
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penny. The tax imposed by this section is in addition to, and not in lieu of, the sales tax
owed to the Town and all taxes owed to the State in connection with the sale of retail
marijuana and retail marijuana products.
(b) Except for those provisions that by their terms cannot apply, the procedures for
the collection and enforcement of the Town's use tax as provided in Section 4-3-50(a) of
this Code shall apply to the collection and enforcement of the retail marijuana excise tax
imposed by this section. The Town Manager or his or her designee may adopt
administrative rules and regulations specifying additional or alternative procedures for
the collection and enforcement of the retail marijuana excise tax imposed by this
section.
Sec. 6-6-60. Application Requirements.
(a) A person seeking to obtain a license pursuant to this article shall submit an
application to the Town Clerk. The form of the application shall be as provided by the
Town Clerk.
(b) A license issued pursuant to this chapter does not eliminate the need for the
licensee to obtain other required licenses and permits related to the operation of the
Retail Marijuana Store, including, without limitation, any development approval required
by this Code; a sales tax license; and a building, mechanical, plumbing, or electrical
permit.
(c) An application for a license under this article shall include the following
information and any additional information required by the Town Clerk:
(1) The applicant's name, address, telephone number, and Social Security
number and, if the applicant is a partnership, the names and addresses of all the
partners, and if the applicant is a corporation, the names and addresses of all the
corporate officers, and if the applicant is a cooperative association, the names and
addresses of its directors and officers;
(2) A completed set of the applicant's fingerprints;
(3) The street address of the proposed Retail Marijuana Store;
(4) Proof of ownership; or if the applicant is not the owner of the proposed
location of the Retail Marijuana Store, satisfactory proof that the applicant is or will
be entitled to possession of the premises under a lease, rental agreement or other
written agreement, including authorization to use the premises for a Retail Marijuana
Store for which the application is made;
(5) An acknowledgement by the applicant that the applicant and its owners,
officers, and employees may be subject to prosecution under federal laws relating to
the possession and distribution of controlled substances; that the Town of Fraser
accepts no legal liability in connection with the approval and subsequent operation of
the Retail Marijuana Store; and that the application and documents submitted for
other approvals relating to the Retail Marijuana Store operation are subject to
disclosure in accordance with the Colorado Open Records Act.
(d) In addition to the foregoing, an applicant shall also submit all other information
required by the RM Code and RM Regulations for state and local applications.
(e) When the application is filed, the applicant shall pay to the Town the local share
of the application fee, as established pursuant to the RM Code, unless the State has
forwarded such fee to the local licensing authority.
(f) If an application is approved, the applicant shall also pay an annual operating fee
in such amount as is established from time to time by the Board of Trustees and set
forth in the appendices to this Code.
(g) Each license issued pursuant to this chapter shall be valid for a period of one
year from the date of issuance and may be renewed as provided in this section. An
application for renewal shall be made to the Town Clerk not less than thirty (30) days
prior to the date of expiration and concurrent with the application for renewal filed with
the State licensing authority. The renewal application shall be accompanied by the
annual operating fee(s) for the renewal term. The license shall be renewed by the Town
Clerk unless the renewal is denied by the State licensing authority, or unless it appears
to the Town Clerk that good cause exists to deny the renewal application, in which case
the Town Clerk shall refer the application to the Board of Trustees for review at a public
hearing. The Town Clerk shall refer the renewal application for public hearing only if the
licensee has had complaints filed against it, the licensee has a history of violations, or
there are allegations against the licensee that would constitute good cause for denial of
a license as defined in the RM Code. The procedures provided in Sections 6-6-70 to 6-
6-90 shall apply to the Board of Trustees' review and determination whether to renew a
license. In order to be entitled to such review, the applicant shall pay an additional fee
equal to the application fee for a new license.
(h) Except for direct applications pursuant to Subsection 6-6-30(b), the local
licensing authority will not begin processing a license application until it receives notice
of the application from the State licensing authority. The local licensing authority may
await completion of the State licensing authority's review and issuance of the state
license before processing the local application, or it may conduct a concurrent review of
a new license application prior to the State licensing authority's final approval of the
license application. The local licensing authority shall notify the State licensing authority
whether it approves or denies any forwarded application.
Sec. 6-6-70 Investigation of Applicant.
(a) Upon receipt of an application for a license under this article, the Town Clerk
shall transmit copies of the application to the Police Department, the Town Manager,
the Planning and Building Department, and any other person or agency who the Town
Clerk determines should participate in the review of the application. The Town or any of
its departments or officials may visit and inspect the property in which the applicant
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proposes to conduct business and investigate the fitness to conduct such business of
any person, or the officers and directors of any corporation, or the partners of any
partnership applying for a license.
(b) In investigating the fitness of the applicant, the Town may obtain criminal history
record information furnished by a criminal justice agency subject to any restrictions
imposed by such agency. In the event the Town takes into consideration information
concerning the applicant's criminal history record, the Town shall also consider any
information provided by the applicant regarding such criminal history record, including,
but not limited to, evidence of rehabilitation, character references, and educational
achievements, especially those items pertaining to the period of time between the
applicant's last criminal conviction and the consideration of the application for a license.
(c) Not less than five days prior to the date of the public hearing on a license
application or, in the event of an application for which no public hearing is scheduled,
not less than five days prior to the decision to approve or deny an application, the Town
Clerk shall make known the findings of the investigation in writing to the applicant and
other parties of interest.
Sec. 6-6-80 Public Hearings; Notice; Publication.
(a) Upon receipt of an application for a local license, except an application for
renewal or for transfer of ownership, the local licensing authority shall schedule a public
hearing upon the application to be held not less than thirty days after the date of the
application. The local licensing authority shall post and publish public notice thereof not
less than ten days prior to the hearing. The local licensing authority shall give public
notice by the posting of a sign in a conspicuous place on the retail marijuana center
premises for which application has been made and by publication in a newspaper of
general circulation in Grand County.
(b) Public notice given by posting shall include a sign of suitable material, not less
than twenty-two inches wide and twenty-six inches high, composed of letters not less
than one inch in height and stating the type of license applied for, the date of the
application, the date of the hearing, the name and address of the applicant, and such
other information as may be required to fully apprise the public of the nature of the
application. The sign shall contain the names and addresses of the officers, directors,
or manager of the facility to be licensed.
(c) Public notice given by publication shall contain the same information as that
required for the posting of signs.
(d) If the building in which retail marijuana is to be sold is in existence at the time of
the application, the sign shall be posted so as to be conspicuous and plainly visible to
the general public. If the building is not constructed at the time of the application, the
applicant shall post a sign at the premises upon which the building is to be constructed
in such a manner that the notice shall be conspicuous and plainly visible to the general
public.
Wes
Sec. 6-6-90 Issuance or Denial of License.
(a) Not less than five days prior to the date of the public hearing, the local licensing
authority shall make known its findings, based on its investigation, in writing to the
applicant and other parties of interest. The local licensing authority has authority to
refuse to issue a license provided for in this section for good cause, subject to judicial
review.
(b) Before entering a decision approving or denying the application for a local
license, the local licensing authority may consider, except where this Article specifically
provides otherwise, the facts and evidence adduced as a result of its investigation, as
well as any other facts pertinent to the application, including the number, type, and
availability of retail marijuana outlets located in or near the premises under
consideration, and any other pertinent matters affecting the qualifications of the
applicant.
(c) Within thirty days after the public hearing or completion of the application
investigation, a local licensing authority shall issue its decision approving or denying an
application for local licensure. The decision shall be in writing and shall state the
reasons for the decision. The local licensing authority shall send a copy of the decision
by certified mail to the applicant at the address shown in the application.
(d) The Board of Trustees may impose reasonable conditions upon any license
issued pursuant to this Article.
(e) After approval of an application, a local licensing authority shall not issue a local
license until the building in which the business to be conducted is ready for occupancy
with such furniture, fixtures, and equipment in place as are necessary to comply with the
applicable provisions of this chapter, and then only after the local licensing authority or
its designee has inspected the premises to determine that the applicant has complied
with the architect's drawing and the plot plan and detailed sketch for the interior of the
building submitted with the application.
(f) After approval of an application for local licensure, the local licensing authority
shall notify the state licensing authority of such approval.
Sec. 6-6-100. Contents and Display of License.
The licensee shall post the license in a conspicuous location at the Retail Marijuana
Store. A Retail Marijuana Store license shall contain the following information:
(1) The name of the licensee; The date of issuance of the license; The street
address at which the licensee is authorized to operate the Retail Marijuana Store;
(2) Any conditions of approval imposed upon the license by the Board of
Trustees;
(3) The date of expiration of the license; and
-7-
(4) The license shall be signed by the applicant and the Town Clerk
Sec. 6-6-110 Transfer of Ownership.
In determining whether to permit a transfer of ownership, the local licensing
authority shall consider only the requirements of this Article, the RM Code and RM
Regulations. The local licensing authority may hold a hearing on the application for a
transfer of ownership; provided the local licensing authority shall not hold a hearing
pursuant to this section until the local licensing authority has posted a notice of hearing
in the manner described in Section 6-6-80 on the licensed premises for a period of ten
days and provided notice of the hearing to the applicant at least ten days prior to the
hearing. An application fee shall accompany each application for a transfer of
ownership, in such amount as is established from time to time by the Board of Trustees
and as set forth in the appendices to this Code.
Sec. 6-6-120 Suspension or Revocation.
(a) The local licensing authority may revoke or elect not to renew any license if it
determines that the licensed premises have been inactive, without good cause, for at
least one year.
(b) In addition to any other sanctions prescribed by this Article, the RM Code or the
RM Regulations, the local licensing authority has the power, on its own motion or on
complaint, after investigation and opportunity for a public hearing at which the licensee
shall be afforded an opportunity to be heard, to suspend or revoke a license issued by
the local licensing authority for a violation by the licensee or by any of the agents or
employees of the licensee of the provisions of this Article, the RM Code or RM
Regulations, or of any of the terms, conditions, or provisions of the license. The local
licensing authority has the power to administer oaths and issue subpoenas to require
the presence of persons and the production of papers, books, and records necessary to
the determination of a hearing that the state or local licensing authority is authorized to
conduct.
(c) The state or local licensing authority shall provide notice of suspension,
revocation, fine, or other sanction, as well as the required notice of the hearing pursuant
to subsection (b), by mailing the same in writing to the licensee at the address
contained in the license. Except in the case of a summary suspension, a suspension
shall not be for a longer period than six months. If a license is suspended or revoked, a
part of the fees paid therefore shall not be returned to the licensee. Any license or
permit may be summarily suspended by the local licensing authority without notice
pending any prosecution, investigation, or public hearing pursuant to the terms of
C.R.S. § 24-4-104(4).
(d) Whenever a decision of the local licensing authority suspending a license for
fourteen days or less becomes final, the licensee may, before the operative date of the
suspension, petition for permission to pay a fine in lieu of having the license suspended
for all or part of the suspension period. Upon the receipt of the petition, the local
licensing authority may, in its sole discretion, stay the proposed suspension and cause
any investigation to be made which it deems desirable and may, in its sole discretion,
grant the petition if the local licensing authority is satisfied that:
(1) The public welfare and morals would not be impaired by permitting the
licensee to operate during the period set for suspension and that the payment of the
fine will achieve the desired disciplinary purposes;
(2) The books and records of the licensee are kept in such a manner that the
loss of sales that the licensee would have suffered had the suspension gone into
effect can be determined with reasonable accuracy; and
(3) The licensee has not had his or her license suspended or revoked, nor had
any suspension stayed by payment of a fine, during the two years immediately
preceding the date of the motion or complaint that resulted in a final decision to
suspend the license or permit.
(e) The fine accepted shall be not less than five hundred dollars or more than one
hundred thousand dollars.
(f) Payment of a fine shall be in the form of cash, a certified check or cashier's
check made payable to the local licensing authority.
(g) Upon payment of the fine pursuant to subsection (c), the local licensing authority
shall enter its further order permanently staying the imposition of the suspension.
Sec. 6-6-130. Penalty.
Failure to comply with the provisions of this Article shall constitute a violation of
this Code, and in addition to being grounds for denial, suspension or revocation of a
license, such violation may be punished by a civil penalty in an amount not exceeding
the maximum fine provided in Section 1-4-10 of this Code. Proceedings for the
determination of such liability and imposition of such civil penalty shall be conducted in
the Municipal Court in the same manner as proceedings relating to noncriminal traffic
infractions, in accordance with the provisions of Article 1 of Chapter 8 of this Code. In
no case shall any defendant found guilty of any violation of this Article be punished by
imprisonment for such violation.
M
NOTICE OF PUBLIC HEARING
FRASER, COLORADO
Please take notice that Serene Wellness Fraser, LLC., dba Serene Wellness, 255 Mill
th
Avenue, Fraser, CO 80442, on the of 4 of August, 2014, made an application to the
Town of Fraser for a Retail Marijuana License pursuant to the Colorado Marijuana Code.
The name and address of the officer of the Corporation is as follows:
President: Daniel F. Volpe
P.O. Box 331
Empire, CO 80438
The application for a Retail Marijuana License in the name of Serene Wellness Fraser,
LLC. is to be located on the following described property in the County of Grand, State of
Colorado to wit:
255 Mill Avenue
Fraser, CO 80442
The Fraser Board of Trustees, acting as the local marijuana licensing authority, will hold
th
a public hearing on said application on Wednesday September 17 at 7:00 p.m. in the
Fraser Town Hall Board Room, located at 153 Fraser Avenue, Fraser, Colorado.
Petitions or remonstrations may be filed by forwarding them to the Fraser Town Clerk,
P. O. Box 370, Fraser, CO 80442.
th
Published by order of the Fraser Town Clerk this 14 day of August, 2014.
Published in the Middle Park Times. /s/Lu Berger, Town Clerk
First Publication: September 3, 2014
Final Publication: September 17, 2014
GRANBY
Page I
Case No, 13-0153
POLICE DEPARTMENT
Beat
21B
Rpt Dist
Type: Seq:
Crime I Incident (Primary, Secondary, Tertiary)
Drug Offense All Schedule Narcotics Offense
Attempt
El
Occurred Date Time Day
On or Fro, 0411112013 15:31 Thu
El
[100411112013 Thu
'elop, id 0411112013 15:31 Thu
LJ
I
Location of Incident ZERO E JASPER AV, GRANBY, C,O
Cross Street GRANBYPDI TOWN HAL County
Dispo y' = victim RP" = Reporting Party 'W = Wtness "S"= suspect "0" = Other -
GRAND
E,
Last„ First, Middle (Firm if Business)
SOCIETY, IS VICTIM
n
Sex
Age
0
:HOT
0:
=WT
0
0
Hair
Eyes
Home Phone
(970)
Address
DOS
DL Number
State
Work Phone
CO
(970)
City, State, Zip Code
SSN
Local ID #
State #
FBI #
Cell Phone
GRANBY CO 80446-
0
F1Last, First, Middle (Firm if Business)
1fOLPE DANIEL FRANK
Race Sex Age FIT WT -Ha i r
WM 39 0 L 0 BLK
Eyes
BRO
Home Phone
(720) 383-2057
Address
DOB DL Number
State
Work Phone
13 E PARKA V
0711211973
CO
(970)
City, State, Zip Code
SSN
Local ID #
State 9 FBI #
Cell Phone
EMPIRE CO -
1
0
Elast,
First, Middle (Firm if Business)
Race I Sex
Age
HT
WT
Hair
Eyes
Home Phone
Address
DOB
DL Number
State
Work Phone
City, State, Zip Code
SSN
Local ID #
State N
FBI #
Cell Phone
Last, First, Middle (Firm if Business) Race Sex Age HT WT Hair Eyes Home Phone
Address DOB DL Number State Work Phone
City, State, Zip Code SSN Local 10 4 State # FBI # Cell Phone
Synopsis:
Was there a witness to the crime? N Continuation r Propertyl-ist
Attached Attached
Was a suspect arrested? N Press
is a suspect named? N UCR: 18PB Release: Q
Property Damage X00
''I ...........
Domestic Violence Case: El
Victim Senior Citizen: El
-J
Can suspect be located? N Gang Related W Hate Crime: El
Can suspect be described? N
Can suspect be Identified? N Pursuit Force Used
Child Abuse:
Disposition
>
11
0
Is stolen property Identifiable? N Solvability County
Points 0 Code: GRAND
Is there an unusual M.O.? gency
Is significant physical evidence present N MI # C00250100
Connecting Case #
Is this a major injury/sex crime? N
CAD IC FS 1 13-0318
Are there unique circumstances? IN
Is there a good possibility of solution? N Assigned To:
Date
Officer ID H2OUSLEY 9140
Reviewed By:
HO,USLEY
Approved
YES
Date
0911012013
Printed By/On: 0793 10410812014 92:14:.46
CrimeStarZ Law Enforcement Records Management System
Licensed to GRANDY CO POLICE DEPARTMENT
GRANBY
POLICE DEPARTMENT
Page 2
Case Na. 13-0153
Type! Seq:
Crime! Incident (Primary)em
Drug Offense All Schedule Narcotics Offense E:]J
Narrative Report _J
On 0411112013 Daniel Volpe reported in person to the Granby Police Department to speak to me about
his concerns over an apparent medical marijuana grow business occurring at 108 Timber Court in the
Town of Granby.
Volpe believes that Matthew Neidermeyer is operating an illegal medical marijuana supply business
and said he has reported the information to the Granby Police Department in the past, but nothing has
been done with the information. Volpe questioned whether Neidermeyer was somehow connected in
a way the the PD was "looking the other way" in regard to Neidermeyer's business. Volpe expalined
that he has been entirely above board with his own Medical Marijuana business and has paid
thousands of dollars for licenses and permits. Volpe believes that he is at a disadvantage when he is
forced to compete against illegal businesses who do not pay the necessary fees but take customers
away from legitimate businesses such as his.
I explained to Volpe that I have contacted the State Medical Marijuana division and have been told that
Neidermeyer is a registered Medical Marijuana caregiver.
Volpe supplied copies of regulations which he believes Neidermeyer does not abide by.
Investigation will continue in accordance with advice of Town attorney and assistance of the State
Medical Marijuana division.
Reviewed By: Approved: Date �
Officer tD: HOUSLEY 9140 HOUSLEY I YES 1 0911012013
Printed By/Cn: 0793 10410612014 1'.2:14:46
CrmeSta* Law Enforcement Records Management System
Licensed le:. GRANBY CO POLICE DEPARTMENT
FRAS
I ,
ERNVINTER
PARK
POLICE
DEPARTMENT
'To. Lu Berger
From: Glen Trainor, Chief of Police
Date: September 9, 2014
Re: Serene Wellness Fraser, LLC -Daniel F. Volpe
The FraserNVinter Park Police Department has conducted a review/background check for the
above mentioned establishment as well as Daniel F. Volpe DOB 7/12/73. Our records do
not indicate any negative contact.
Also, background checks were done on the above individual with the Granby Police
Department, the Grand County Sheriffs Department CBI and FBI, with no record found
except I've have attached in my email case no. 13-0153 from Granby Police Department.
If you have any questions, please do not hesitate to contact ime.
Cm
"COMMITTED TO EXCELLENCE"
TOWN OF FRASER
RESOLUTION NO. 2014-09-02
A RESOLUTION OF THE FRASER BOARD OF TRUSTEES, ACTING AS THE LOCAL
RETAIL MARIJUANA LICENSING AUTHORITY FOR THE TOWN OF FRASER,
APPROVING THE APPLICATION OF SERENE WELLNESS FRASER LLC, FOR A
REATIL MARIJUANA CENTER LICENSE FOR THE PREMISES AT 255 MILL
AVENUE, FRASER, COLORADO.
WHEREAS, Serene Wellness Fraser LLC (the "Applicant") filed an application
with the Town of Fraser for a medical marijuana center license for the premises located
at255 Mill Avenue, Fraser, Colorado; and
WHEREAS, a public hearing on said application was held on September 17, 2014,
following due and proper notice, in accordance with the Colorado Medical Marijuana Code,
C.R.S. 12-43.4-101 , and the provisions of Chapter 6, Article 6 of the Fraser Municipal
et seq
Codeand
;
WHEREAS, the Board of Trustees, as the local retail marijuana licensing
authority, has carefully considered said application and the evidence presented at the
hearing, and hereby enters the following decision regarding the application.
THE BOARD OF TRUSTEES MAKES THE FOLLOWING FINDINGS:
The Applicant has submitted evidence that it is or will be entitled to possession of
1.
thepremises where the license is proposed to be exercised.
The premises are properly zoned for the activity which will occur therein, and the
2.
premises is not located within any distance restrictions for separation of licensed
premises from any school, existing licensed day care facility, or existing licensed
Medical Marijuana Business, as established in the Fraser Municipal Code.
The Applicant has demonstrated by a preponderance of the evidence that all other
3.
applicable requirements of the Colorado Medical Marijuana Code and the Fraser
Municipal Code for the issuance of a retail marijuana center license have been
satisfied or will be satisfied when such license is issued.
BASED UPON THESE FINDINGS, THE BOARD OF TRUSTEES, AS THE LOCAL
LICENSING AUTHORITY, HEREBY ORDERS that the application of Serene Wellness
Fraser LLC, for a retail marijuana center license for the premises located at 255 Mill Avenue,
Fraser, Colorado, is hereby APPROVED, subject to the following conditions, which must be
satisfied by the Applicant within six (6) months from the date hereof or said approval shall
lapse:
a.Compliance with all applicable state requirements and receipt by the Town Clerk of
approval from the Colorado Department of Revenue Medical Marijuana Enforcement
Division for issuance of the license;
b. Satisfactory completion of any and all alterations and improvements to the licensed
premises required to comply with the Fraser building and development codes and
state and local medical marijuana regulations; and
c. Payment of all license and other applicable fees.
th
DULY MOVED, SECONDED, AND ADOPTED THIS 17 DAY OF SEPTEMBER, 2014.
TOWN OF FRASER BOARD OF TRUSTEES,
ACTING AS THE LOCAL RETAIL
MARIJUANA LICENSING AUTHORITY
BY:
Peggy Smith, Mayor
ATTEST:
Lu Berger, Town Clerk
CERTIFICATE OF SERVICE
I hereby certify that I served the above and foregoing Resolution and decision of
the Local Licensing Authority upon the Applicant named therein by mailing the same by
th
certified mail, postage prepaid, this 18 day of September, 2014, addressed as follows:
Serene Wellness Fraser LLC
P.O. Box 331
Empire, CO 80438
Lu Berger, Town Clerk
- 2 -
TOWN OF FRASER
RETAIL MARIJUANA LICENSING AUTHORITY
Follow-up findings and report for application of a Retail Marijuana Center License.
Owner Name and Address: Serene Wellness Fraser, LLC., P.O. Box 331 Empire, CO
80438
Establishment Name and Address: Serene Wellness, 255 Mill Avenue, Fraser, CO
80442
TO THE ABOVE APPLICANT AND OTHER INTERESTED PARTIES;
Pursuant to Colorado Revised Statutes, 12-43.4-301, the applicant is hereby advised
that with regard to the application for a Retail Marijuana Center License, an investigation
has been made, and based on the results thereof, the following has been determined:
1. That the application was filed on July 29, 2014 in the Town Clerk’s office and a public
hearing has been scheduled for Wednesday September 17, 2014. In accordance
with C.R.S. 12-43.4-302(1) the Town must hold the application for not less than 30
days; this hearing date represents 50 days.
2. This location will be a dual Medical/Retail Marijuana Center license as opposed to a
transfer of an existing license.
3. That the Notice of Public Hearing on this matter was posted on the premises on
Monday, September 8, 2014 at least 10 days prior to the hearing, and that the
publication of the hearing was published in a newspaper of general circulation on
September 3, 2014 at least 10 days prior to the Public Hearing.
4. It appears from the evidence submitted that the applicant will be entitled to
possession of the premises where the license is proposed to be exercised.
5. It is confirmed that the sale of retail marijuana on the premises is not a violation of
the applicable zoning or other regulations of the Town of Fraser.
6. The proposed location to be licensed does not appear to be within one thousand feet
of any educational institution or school, either public or private, within five hundred
feet of any existing Medical or Retail Marijuana Business, whether such business is
located within or outside of the Town, or within two hundred feet of any existing
licensed child care facility.
7. There are no other licensed medical/retail marijuana centers, optional premises
cultivation operations, or medical/retail marijuana-infused products manufacturers
located in or near the premises under consideration.
8. That Fraser/Winter Park Police Chief Trainor has conducted a background
investigation on Daniel F. Volpe, the owner of Serene Wellness, Fraser, LLC. He has
found no information that would indicate the license should not be approved, subject
to final approval pending receipt of CBI/FBI reports.
The public hearing on this application will be held on Wednesday, September 17, 2014
at 7:00 p.m. in the Fraser Town Hall, 153 Fraser Avenue, Fraser CO. At said hearing,
the applicant shall have an opportunity to be heard regarding all matters related to this
application, including all matters set forth herein.
The applicant is advised and encouraged to read a copy of the State of Colorado Retail
Marijuana Code and Regulations.
Town of Fraser Retail Marijuana Licensing Authority
BY: Fraser Town Clerk
______________ Dated this 8th day of September, 2014.
Lu Berger
TOWN OF FRASER
RETAIL MARIJUANA LICENSE
APPLICATION FORM
�� LICENSE �`` F- TRANSFER OFOWNERSHIP
APPLICANT MUST CHECK THE APPROPRIATE BOX(ES)
�AppUoant/aapplying aao
[- Corporation `/
�� Limited Liability Company
F-
Partnership (includes Limited Liability and Husbond
and VWfaPartnerships) [- A8�noiationor[)ther
Individual
2. Appliqqpt if an LLC, narne of LLC; if partnersliip, at least 2 partner's names; if corporation, name of corporati --Fein ur
2a. Trade Name of Es
lishment (DBA)
State Sales Tny Nn Businp.q.q -T
�Address mPremises (specify exact location mpremises)
Cit
L'umily
�/1Ll�J Z 4. Mailing xuumo (Number and Street)
City or Town State _ZIP Code
NONREFUNDABLE APPLICATION FEES
[- Application Fee for New License by an Existing Medical Marijuana Business Ovvner--.------' 50.00°
[- App|ioatonFeeforNevvLiognae-----'
___...............................................................................
|- Application Fee for Transfer ofownership
........... —.......................................................................... $2'5U0.O0^
^Plus reimbursement ofany additional fees orexpenses incurred bvthe Tovvnand/or neinnbunoen�ent
ofany Tovvnexpenses inm/nedinexcess ofthis annnurt-'
RETAIL MARIJUANA LICENSE FEES
Annual Operating Fee .................................................
[- Change of location application fee ....................................................... ................................................. $7U0.00
r- Modification of premises application ----- �
�----------------------------�$70O.O0
�
Change of corporate structure/officers/directors/(for
of�oe�V�eotorodded)---------_—__.`
----------------------------$5OO.U0
F'
Manager registration (if not on---'
' ____—__-----......................................................
* Plus reimbursement of any additional fees -or expenses incurred by the Town and/or reimbursement
Page 2
APPLICATION DOCUMENTS
CHECKLIST AND WORKSHEET
Instructions: This checklist should be utilized to assist applicants with filing all required documents for licensure.
All documents must be properly signed and correspond with the name of the applicant exactly. All documents
must be typed or legibly printed.Upon final State approval the license will be mailed to the local licensing
authority. Application fees are nonrefundable.
ITEMS SUBMITTED, PLEASE CHECK ALL APPROPRIATE BOXES COMPLETED OR DOCUMENTS
SUBMITTED
I. APPLICANT INFORMATION
1- A. Applicant/Licensee identified.
J- B. Copy of State of Colorado Retail Marijuana License Application.
C. License type or other transaction identified.
F D. Return originals to local authority.
,F E. Additional information may be required by the local licensing authority.
II. DIAGRAM OF THE PREMISES
A. No larger than 8 112" X 11 ".
B. Dimensions included (doesn't have to be to scale). Exterior areas should show control (fences, walls, etc.).
1- C. Separate diagram for each floor (if multiple levels).
III. PROOF OF PROPERTY POSSESSION
F- A. Deed in name of the Applicant ONLY (or)
B. Lease in the name of the Applicant ONLY.
C. Lease Assignment in the name of the Applicant (ONLY) with proper consent from the Landlord
and acceptance by the Applicant.
1- D. Other Agreement if not deed or lease.
IV- CORPORATE APPLICANT INFORMATION (If Applicable)
F A. Certificate of Incorporation (and/or)
B. Certificate of Good Standing if incorporated more than 2 years ago.
F D. List of officers, directors and stockholders of parent corporation (designate 1 person as "principal officer")
V. PARTNERSHIP APPLICANT INFORMATION (if Applicable)
F- A. Partnership Agreement (general or limited). Not needed if husband and wife.
VI. LIMITED LIABILITY COMPANY APPLICANT INFORMATION (If Applicable)
A. Copy of articles of organization (date stamped by Colorado Secretary of State's Office).
, B. Copy of operating agreement. .
C. Certificate of Authority (if foreign company).
REGISTRATIONVILMANAGER INFORMATION WHEN INCLUDED WITH THIS APPLICATION
I- A. $500.00 fee.
Page 3
19. If applicant is a corporation, partnership, association or limited liability company, applicant must list ALL
OFFICERS, DIRECTORS, GENERAL PARTNERS, AND MANAGING MEMBERS. ALL PERSONS LISTED
BELOW must submit finger print cards to their local authority.
NAME HOME ADDRESS, CITY & STATE DOB POSITION
Registered Agent (if applicable)
Address for Service
OATH OF APPLICANT
I declare under penalty of perjury in the second degree that this application and all attachments are true,
correct, and complete to the best of my knowledge. I also acknowledge that it is my responsibility and the
responsibility of my agents and employees to comply with the provisions of the Colorado Medical Marijuana
REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY
Date application filed with local authority Date of local authority hearing (for new license applicants; cannot be less than
30 days from date of application.)
THE LOCAL LICENSING AUTHORITY HEREBY AFFIRMS:
That each person required to has: Yes No
1- Been fingerprinted........................................................................................................................... [— f
r— Been subject to background investigation, including NCIC/CCIC check for outstanding warrants F (—
F That the local authority has conducted, or intends to conduct, an inspection of the proposed F F
premises to ensure that the applicant is in compliance with, and aware of, liquor code provisions
affecting their class of license
(Check One)
F Date of Inspection or Anticipated Date
F C
F- Upon approval of state licensing authority. f I—
The foregoing application has been examined; and the premises, business to be conducted, and character of
the
applicant are satisfactory. We do report that such license, if granted will meet the zoning regulations of the
neighborhood and will comply with the provisions of the Fraser Municipal Code. THEREFORE, THIS
Local Licensing Authority for Telephone Number TOWN, CITY
Signature Title Date
Signature (attest) Title Date
Retail Marijuana Application Certification Form
I,
0 �g ._ 1 .
wI`
i , hereby acknowledge that the applicant and
its owners , officers, and employees r�iay be subject to prosecution under federal laws relating
to the possession and distribution of controlled substances; that the Town of Fraser accepts no
legal liability in connection with the approval and subsequent operation of the Retail Marijuana
Business; and that the application and documents submitted for other approval relating to the
Retail Marijuana business operation are subject to disclosure in accordance with the Colorado
Open Records Act.
I hereby affirm that I have full legal capacity to authorize the filing of this application and that all
information and exhibits herewith submitted are true and correct to the best of my knowledge.
The Authorized Signer gives consent for Town of Fraser representatives to make all reasonable
inspections and investigations of the subject property during the period of processing this
app.lieatiwT..+l-un rstand that all materials and fees required by the Town of Fraser must be
,submitted prior to ha 'ng t is�-aplication processed.
Auth_o i ignature : Date:
T other than owner, attach letter authorizing agent on behalf of owner.
STATE OF COLORADO )
) ss.
COUNTY OF C16-z6cl,�-ec-x' )
Subscribed and sworn to (affirmed) before me this 2-6—day of c�-_1 20
BY12
I-V o f �e
Notary Public
My commission expires: -:7/
/
[ S E A L)
fIONALD DEAN KOHLER
Notary Public
State of Colorado
a
COLORADO Colorado
usiness
Department of Revenue Retail Marijuana
.i'
Marijuana Enforcement Division
DR 8548 (06/30/14)
DR 8548 (06/30/14)
Colorado Marijuana Enforcement Division
Retail Business License Application Instructions
APPLICATION CHECKLIST
❑
Application Fully Completed
Type or clearly print an answer to every question. If a question does not apply to you, indicate so with an
N/A. If you are unsure if a question applies to you or what information the form is asking you to provide,
contact any Marijuana Enforcement Division office to seek clarification. If the available space is insufficient,
continue on a separate sheet and precede each answer with the appropriate title. A separate application is
required for EACH license type.
❑ 2
All Forms Signed & Attached
The fol4nng accompanying forms must be signed and returned with the application:
Affirmation & Consent
nvestigation Authorization/Authorization to Release Information
(A Applicant's Request to Release Information
❑ 3
All Requested Information Attached (Other forms may be made available and may be
required at time of application)
The following information requested on the application must be attached, if applicable:
❑ rade Name Registration
Certificate of Good Standing from the Colorado Secretary of State's Office
❑ Certified Copy of Articles of Incorporation, including amendments for corporations
Articles of Organization, including amendments and operating agreement for LLC
❑ Partnership Agreement, or operating/shareholder agreements
❑ If corp., annual and bi-annual reports and meeting minutes from past 12 months
❑ All applicable information requested on page 6
®Documentation showing legal possession of the premise to be licensed
Diagram of premise to be licensed (described on page 4, question 4) including security
drawing
❑ Copies of notes, security instruments, etc., (detailed on page 4, question 5 and page 6,
question 8
❑ Explanation detailing the funding sources used to finance the applicant business
❑ List of,financial institution accounts as detailed on page 6, question 9
V Copy of sales tax and/or wholesale license
Note: The Marijuana Enforcement Division reserves the right to request additional information and
documentation throughout the course of the background investigation.
1—1 4
L_J
Application and License Fees
See fee table on website.
Retail Marijuana license application fees are split between the Marijuana Enforcement Division (MED)
and the Local Licensing Authority. In order for the State to accept this application, both the State
and Local fees must be paid at the time the application is accepted by MED. This will require two (2)
checks or money orders; one made payable to DOR and one made payable to the Local Licensing
Authority, for EACH License. You are responsible for knowing who your Local Licensing Authority is.
❑ 5
Bring in Application (BY APPOINTMENT ONLY)
Bring in application and all attachments to: Marijuana Enforcement Division
455 Sherman Street, Suite 390
Denver, CO 80203
DR 8548 (06/30/14)
COLORADO DEPARTMENT OF REVENUE
Marijuana Enforcement Division
455 Sherman Street, Suite 390
Denver CO 80203
Colorado Pviariii inna I icensing Authority
Retail Business License Application
License Types &t=ees (See Application Checklist for details on license types and fees.)
Retail Marijuana Store
❑ Tier 1 = 3600 or fewer plants
❑ Retail Marijuana Products Manufacturer
❑ Retail Marijuana Cultivation
❑ Tier 2 = 3601 – 6000 plants
❑ Conversion
❑ Retail Marijuana Test Facility
❑ Tier 3 = 6001-10200 plants
❑ Retail/Medical Marijuana Combined Use
Applicant's L".eegg�al Business
e{ gN�amej\(Plaryeaa�se Pprint) [\ _[/{� (�� rF
Marijuana License Number (Assigned by Division)
Trade Name (DBA) (Provide Trade Namp Registration)
Website Address <
//Very
�//[,
Physical Address
Street Address of Marijuana Business
Cily- ZIP
/9 %�
y
p /Statrya s((
Business Phone Number ► Business Fax umber
-10
Email Address
`- 3 6J . 0 _
Mailing Address (if different from Business Address)
Addre5
Ci
State
ZI1.P
Primary Contact Person for Business
Title
Pri
{
10
�t
WA
Contact Fax Number
Primary Contact Address (city, state ZIP) VPrrmary
Email Address
C — 11
Type of Business Structure
❑ Sole Proprietorship ❑ Partnership ❑ Limited Partnership
®Limited Liability Company
❑ C Corporation ❑ S Corporation ❑ Publicly Traded Corporation
[:]Trust ❑ Other
State of Incorporation or Creation of Business Entity
Date
Date of Qualification to Conduct Pusine s in*c7olorado (Provide Certificate of Good Standing
from the Colorado Secretary of State's Office)
If a Corporation, List all States Where thh Corporation is Authorized to Conduct Business
i
co (,D i'r'k 4-_k)
List all'Trade Names used by the Business Entity (other than above)
Attach copies of all articles of incorporation, bylaws, articles of organization, or a true copy of any partnership or trust
agreement, including any and all amendments to such.
If a corporation, attach copies of all annual and bi-annual reports, SEC filings, if any, and all minutes from all corporate
meetings for the past 12 months.
Page 3 of 9
1. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability Yes No
company; or officers, stockholders or directors if a corporation) or manager under the age of twenty-one years? ❑
2. Has the applicant (including any of the partners, if a partnership; members or manager if a limited liability
company; or officers, stockholders or directors if a corporation) or manager ever (in Colorado or any other state);
(a) been denied a privileged license (ie: Liquor, Gaming, Racing and Marijuana)? ❑ [
(b) had a privileged license (ie: Liquor, Gaming, Racing and Marijuana) suspended or revoked? ❑
(c) had interest in another entity that had a privileged (ie: Liquor, Gaming, Racing and Marijuana)
license denied, suspended or revoked? ❑
If you answered yes to 2a, b or c, explain in detail on a separate sheet.
3. Has a Marijuana license ever been issued to the applicant (including any of the partners, if a partnership; S
members or manager if a limited liability company; or officers, stockholders or directors if a corporation)? Awt
If yes, identify the name of the business and list any current or former financial interest in said business Lc c
including any loans to or from a licensee. 2n2c We0W-55 L L(- t0v �=�r'� ���((�tj�( ���` � ❑
4. Does the applicant have legal possession of the premises by virtue of ownership, lease or other
arrangement? Attach all documentation showing legal possession. Deed, Title, sale or lease agreements etc.
❑ Ownership Lease ❑ Other (Explain in Detail)
(a) If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease:
l lord_
let
Tenant C _
EXPIres
Attach a diagram of the premises to be licensed and outline or designate the area (including dimensions) which shows the
limited access areas, walls, partitions, entrances, exits and what each room shall be utilized for in this business, including
security equipment locations. This diagram should be no larger than 81/2" X 11". (it does not have to be to scale)
5. Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability
companies, trusts), will loan or give money, inventory, furniture or equipment to or for use in this business; or who will
receive money or profits from this business. Attach a separate sheet if necessary.
Burne
Date of Birth
FEIN OR SSN
Interest
Attach copies of all notes and security instruments, and any written agreement, or details of any oral agreement, by
which any person (including partnerships, corporations, Iimited liability companies, etc.) will share in the profit or gross
proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way
by volume, profit, sales, giving of advice or consultation.
Local Licensing Authority (To be filled out by Applicant)
Local Licensin Authority/Department
�
Addr ss o- (Z
�5( Awa (
� i o� r
Local Licensing Authority contact name
L -el e ccA e
Contact Phone
ri 10 126� qw � 2.� (
Contact Email
�� js c ���� 1 -OW -4 r-k1ticlt uc
6. Has the Applicant filed for a retail marijuana cultivation? Yes No
What City or County? (Fill out a separate and complete application)
7. Does the Retail Applicant have evidence of a good and sufficient bond in the amount of $5000.00 in
accordance with 12-43.4-303 C.R.S. (Include evidence with application)? ❑
Printed Legal Business Name
Printed Trade Name (DBA)
Page 4 of 9
C'sG'
Io ,0-�
Ownership Structure
List all persons and/or entities with any ownership interest, and all officers and directors, whether they have ownership
interest or not. If an entity (corporation, partnership, LLC, etc.) has interest, list all persons associated with such entity,
their ownership in the entity, and their effective ownership in the license. List all parent, holding or other intermediary
business interest. An Associated Key License Application form must be submitted for all persons in a privately held
company or a publicly traded corporation, and all officers and directors.
NameT,le
N i � 1� ,, r .,
SSN/FEIN App submitted?
M'W'si `'-t 0t��I� Yes El No
A d�reAs'
City State ZIP Phone Number
, j�5 M j'f�'
T_VA j10'V�' -1 S �
Business Associated with (Parent business or sub -entity)
Own. % Business Associated with
Effective Own. % in Applicant
�!
Name
Title
SSN/FEIN
DOB
App submitted?
❑Yes [j No
Address
City
State
ZIP
Phone Number
Business Associated with (Parent business or sub -entity)
Own. % Business Associated with
Effective Own. % in Applicant
Name +,
Title
SSNIFEIN
DOB
App submitted?
El Yes [:1 No
Address City State ZIP Phone Number
Business Associated with (Parent busin s or b- ty) Own. % Business Associated with Effective Own. % in Applicant
Name -,Title
SSN/FEIN
DOB
App submitted?
❑Yes ❑No
Address
City
State
ZIP
Phone Number
Business Asso iat6d''wRh (Parent'qusiness or',§Sub-entity)
Own. % Business Associated with
Effective Own-. -% in Applicant
Name
Title
SSN/FEW
DOB
App submitted?
❑Yes 0 N
Address
City
State
ZIP
Phone Number
Business Associated with (Parent business or sub -entity)
Own. % Business Associated with
Effective Own. % in Applicant
Name
Title
SSN/FEIN
DOB
App submitted?
❑Yes [:1 No
Address
City
State
ZIP
Phone Number
Business Associated with (Parent business or sub -entity)
Own. % Business Associated with
Effective Own.%in Applicant
Name
Title
SSN/FEIN
DOB
App submitted?
El Yes ❑ No
Address
City
State
ZIP
Phone Number
Business Associated with (Parent business or sub -entity)
Own. % Business Associated with
Effective Own. % in Applicant
Are there an outstanding options and warrants?
❑ Yes MNo *If YES, attach list of persons with outstanding options and warrants
Are there any other persons, other than those listed in the Ownership Structure, including but not limited to suppliers, lenders
and landlords, who will receive, directly or indirectly, any compensation or rents based upon a percentage or share of gross
proceeds or it come of the Marijuana business?
El Yes No "If YES, attach list of persons
Page 5 of 9
Printed Legal BusinessName i ` _ ` Printed Trade Name (DBA)
1. Has the applicant, the applicant's parent company or any other intermediary business entity ever Yes ❑ No
applied for a Marijuana license in this or any other jurisdiction, foreign or domestic, whether or not
the license was ever issued? If YES, provide details on a separate sheet, including itirisdiction, type
of license, license number, and dates license held or applied for.
2. Has the applicant, the applicant's parent company or any other intermediary business entity ever
[]Yes [lo
been denied a Marijuana license, withdrawn a Marijuana license or had any disciplinary action
taken against any Marijuana license that they have held in this or any other jurisdiction, foreign or
domestic? If YES, provide details on a separate sheet, including jurisdiction, type of action, and date
of action.
Financial History
1. Is the applicant, the applicant's parent company or any other intermediary business entity
❑ Yes No
delinquent in the payment of any judgments or tax liabilities due to any governmental agency
anywhere? If YES, provide details on a separate sheet and attach any documents to prove
settlement or resolution of the delinquency.
2. Has the applicant, the applicant's parent company or any other intermediary business entity filed a
El Yes WINO
bankruptcy petition in the past 5 years, had such a petition filed against it, or had a receiver, fiscal
agent, trustee, reorganization trustee or similar person appointed for it? If YES, provide details on a
separate sheet and attach any documents from the bankruptcy court.
-- --_ - _ --- -------- -- - ---------- __ . - --.._ _ ----- --- -- - - -
-- -- -
-
3. Is the applicant, the applicant's parent company or any other intermediary business entity currently
Yes(Jo
a party to, or has it ever been a party to, in any capacity, any business trust instrument? If YES,
provide details on a separate sheet.
4. Has a complaint, judgment, consent decree, settlement or other disposition related to a violation
❑Yes %No
of federal, state or similar foreign antitrust, trade or security law or regulation ever been filed or
entered against the applicant, the applicant's parent company or any other intermediary business
entity? If YES, provide details on a separate sheet and attach any documents to prove the
settlement of any of these issues. Include any items currently under formal dispute or legal appeal.
__...__ __.... _..__._ ._ .._... ._ ._.--- --------- . _._._._- _._.......... _._. _.. _--.. ......._____ -_--
_... __..._ ..___--
5. Has the applicant, the applicant's parent company or any other intermediary business entity been a
El Yes [N0
party to a lawsuit in the past 5 years, either as a plaintiff or defendant, complainant or respondent,
or in any other fashion, in this or any other country? If YES, provide details on a separate sheet and
attach any documents to prove the settlement of any of these issues. Include any items currently
under formal dispute or legal appeal.
6. Has the applicant, the applicant's parent company or any other intermediary business entity filed a
''Yes ❑ No
business tax return in the past two years?
. _...... ._ - _ _._ ___.._._ _. _. ___-- ---- - .-.... _ __ _ -
-
7. Has the applicant, the applicant's parent company or any other intermediary business entity
XYes ❑ No
completed financial statements, either audited or unaudited, in the past two years? If YES, attach all
financial statements completed in the past two years.
8. Has any interest or share in the profits of the sale of Marijuana been pledged or hypothecated
El Yes ,'No
as security for a debt or deposited as a security for the performance of an act or to secure the
performance of a contract? If YES, provide details on a separate sheet.
9. Attach a list detailing the operating and investment accounts for this business, including financial institution
name,
address, telephone number, and account number for each account.
__------ _ _ _ ___ __ _ __._-- __-- _-_ _ _.-.-- _-._ _
10 Attach a list detailing each outstanding loan and financial obligation obtained for use in this business
__ _..__ _.
including
creditor name, address, phone number, loan number, loan amount, loan terms, date acquired, and date
duet
_
person who maintains Applicant's business records Titl
-.
/ f r
Address
litle
Person who prepares Applicant's tax returns, government forms & ports
Arid ecs Phone Number
. i 0 4-07,Ll
Location of fmanaal books and records for Applicant's usiness
1.,P "k 00 .A, (i-,;, la, f, C) ��,� ��� �✓ (fir � �I (,¢ (� t� /_7 / f page 6 of 9
a& 4G
I, iEftI`� ( r - 1 d el- as an authorized agent for the applicant, state under penalty for
offering a false instrument for r ording pursuant to 18-5-114 C.R.S. that the entire Marijuana Business License
Application Form, staternents, attachments, and supporting schedules are true and correct to the best of my
knowledge and belief, and that this statement is executed with the knowledge that misrepresentation or failure to
reveal information requested may be deemed sufficient cause for the refusal to issue a Marijuana license by the
State Licensing Authority. Further, I am aware that later discovery of an omission or misrepresentation made in
the above statements may be grounds for the denial or revocation of the license. I am voluntarily submitting this
application to the Colorado Marijuana Licensing Authority under oath with full knowledge that I may be charged with
perjury or other crimes for intentional omissions and misrepresentations pursuant to Colorado law or for offering
a false instrument for recording pursuant to 18-5-114 C.R.S. I further consent to any background investigation
necessary to determine my present and continuing suitability and that this consent continues as long as I hold a
Colorado Marijuana License, and for 90 days following the expiration or surrender of such Marijuana license. Note: If
your check is rejected due to insufficient or uncollected funds, the Department of Revenue may collect the payment
amount directly from your banking account electronically.
Print Full Legal Agent Narne clearly below:
Applicant's Business Name
,rte I z t'` E .� j
�L tidLr e- ��ir�-) 5 r C �Llz— L L..t
Trade Name (DBA)
Legal Agent Last Name (Please Print)
Legal Agent First Name
Legal Agent Middle j,,Name
t
SignatureR ^'
bate
Page 7 of 9
Investigation
Authorization tiRelease Informatiop
T` -/U i as an authorized agent for the applicant,
hereby authorize the Colorado Marij ana Licensing Authority, the Marijuana Enforcement Division, (hereafter, the
Investigatory Agencies) to conduct a complete investigation into my personal background, using whatever legal means
they deem appropriate. I hereby authorize any person or entity contacted by the Investigatory Agencies to provide any
and all such information deemed necessary by the Investigatory Agencies. I hereby waive any rights of confidentiality
in this regard. I understand that by signing this authorization, a financial record check may be performed. I authorize
any financial institution to surrender to the Investigatory Agencies a complete and accurate record of such transactions
that may have occurred with that institution, including, but not limited to, internal banking memoranda, past and present
loan applications, financial statements and any other documents relating to my personal or business financial records
in whatever form and wherever located. l understand that by signing this authorization, a financial record check of my
tax filing and tax obligation status may be performed. I authorize the Colorado Department of Revenue to surrender
to the Investigatory Agencies a complete and accurate record of any and all tax information or records relating to me.
I authorize the Investigatory Agencies to obtain, receive, review, copy, discuss and use any such tax information or
documents relating to me. I authorize the release of this type of information, even though such information may be
designated as "confidential" or "nonpublic" under the provisions of state or federal laws. I understand that by signing
this authorization, a criminal history check will be performed. I authorize the Investigatory Agencies to obtain and
use from any source, any information concerning me contained in any type of criminal history record files, wherever
located. I understand that the criminal history record files contain records of arrests which may have resulted in a
disposition other than a finding of guilt (i.e., dismissed charges, or charges that resulted in a not guilty finding). I
understand that the information may contain listings of charges that resulted in suspended imposition of sentence,
even though I successfully completed the conditions of said sentence and was discharged pursuant to law. I authorize
the release of this type of information, even though this record may be designated as "confidential" or "nonpublic"
under the provisions of state or federal laws.
The Investigatory Agencies reserve the right to investigate all relevant information and facts to their satisfaction. I
understand that the Investigatory Agencies may conduct a complete and comprehensive investigation to determine
the accuracy of all information gathered. However, the State of Colorado, Investigatory Agencies, and other agents
or employees of the State of Colorado shall not be held liable for the receipt, use, or dissemination of inaccurate
information. I, on behalf of the applicant, its legal representatives, and assigns, hereby release, waive, discharge, and
agree to hold harmless, and otherwise waive liability as to the State of Colorado, Investigatory Agencies, and other
agents or employees of the State of Colorado for any damages resulting from any use, disclosure, or publication in
any manner, other than a willfully unlawful disclosure or publication, of any material or information acquired during
inquiries, investigations, or hearings, and hereby authorize the lawful use, disclosure, or publication of this material
or information. Any information contained within my application, contained within any financial or personnel record,
or otherwise found, obtained, or maintained by the Investigatory Agencies, shall be accessible to law enforcement
agents of this or any other state, the government of the United States, or any foreign country.
Print Full Legal Name of Authorized Agent clearly below:
Applicant's Business Name
Trade Name (DBA)
StZ �' L—L-
i
Legal Agent Last Name (Please Print)
Legal Agent First Name Legal Agent Middle Name
i-61 N
Legai Agent Tit -lee
Signature (Must be sigi Vd in nt o e wi s
Date (MM/DD/Y) rr Ci ym)`�` 7 State t
Witn _ s ,19,lure �
r ll
Page 8of9
T0:
FROM: (Applicant's Printed Name)
1. IMIe hereby authorize and request all persons to whom this request is presented having information relating to
or concerning the above named applicant to furnish such information to a duly appointed agent of the Marijuana
Enforcement Division whether or not such information would otherwise be protected from the disclosure by any
constitutional, statutory or common law privilege.
2. I/We hereby authorize and request all persons to whom this request is presented having documents relating to or
concerning the above named applicant to permit a duly appointed agent of the Marijuana Enforcement Division to
review and copy any such documents, whether or not such documents would otherwise be protected from disclosure
by any constitutional, statutory, or common law privilege.
3. I/We hereby authorize and request the Colorado Department of Revenue to permit a duly appointed agent of the
Marijuana Enforcement Division to obtain, receive, review, copy, discuss and use any such tax information or
documents relating to or concerning the above named applicant, whether or not such information or documents would
otherwise be protected from disclosure by any constitutional, statutory, or common law privilege.
4. If the person to whom this request is presented is a brokerage firm, bank, savings and loan, or other financial
institution or an officer of the same, I/we hereby authorize and request that a duly appointed agent of the
Marijuana Enforcement Division be permitted to review and obtain copies of any and all documents, records or
correspondence pertaining to me/us, including but no limited to past loan information, notes co-signed by mel
us, checking account records, savings deposit records, safe deposit box records, passbook records, and general
ledger folio sheets.
5. I/We do hereby make, constitute, and appoint any duly appointed agent of the Colorado Marijuana Enforcement
Division, my/our true and lawful attorney in fact for me/us in my/our name, place, stead, and on my/our behalf and
for my/our use and benefit:
(a) To request, review, copy sign for, or otherwise act for investigative purposes with respect to documents and
information in the possession of the person to whom this request is presented as I/we might;
(b) To name the person or entity to whom this request is presented and insert that person's name in the
appropriate location in this request:
(c) To place the name of the agent presenting this request in the appropriate location on this request.
6. 1 grant to said attorney in fact full power- and authority to do, take, and perform all and every act and thing whatsoever
requisite, proper, or necessary to be done, in the exercise of any of the rights and powers herein granted, as fully to
all intents and purposes as Uwe might or could do if personally present, with full power of substitution or revocation,
hereby ratifying and confirming all that said attorney in fact, or his substitute or substitutes, shall lawfully do or cause
to be done by virtue of this power of attorney and the rights and powers herein granted.
7. This power of attorney ends twenty-four (24) months from the date of execution.
8. The above named applicant has filed with the Colorado Marijuana Licensing Authority an application for a
Marijuana license. Said applicant understands that it is seeking the granting of a privilege and acknowledges that
the burden of proving its qualifications for a favorable determination is at all times on the applicant. Said applicant
accepts any risk of adverse public notice, embarrassment, criticism, or other action of financial loss, which may
result from action with respect to this application.
9. I/We do, for rnyself/ourselves, my/our heirs, executors, administrators, successors, and assigns, hereby release,
remise, and forever discharge the person to whom this request is presented, and his agents and employees from all
and all manner or actions, causes of action, suits, debts, judgments, executions, claims, and demands whatsoever,
known or unknown, in law or equity, which the applicant ever had, now has, may have, or claims to have against the
person to whom this request is being presented or his agents or employees arising out of or by reason of complying
with the request.
10. I/We agree to indemnify and hold harmless the person to whom this request is presented and his agents and
employees from and against all claims, damages, losses, and expenses, including reasonable attorneys' fees
arising out of or by reason of complying with this request.
11. A reproduction of this request by photocopying or similar process shall be for all intents and purposes as valid as the original.
Print Full Legal Name of Authorized Agent clearly below:
Legal Agent Lt Name (Please Print)
aI Agent First Name
Le(ga�l�lAgegnt Middle Name
Legal (Agent Tie �
Signat6re (Must be signe in n one viiihess)
Date (MM/DD/YY)
t � ,2L«t
City /
State y
Wjtne§ 11,Si 6*urea /l
1 (�l y
Signat of Marijuana Fnfrimpment Division agent presenting this request
Date
Page 9 of 9
Retail Marijuana Application Checklist: Revised: June 10, 2014
All applications for conversion or combined use will be treated as new applications requiring all
the documents listed below and any others requested by the e1rED investigators. Once a retail
application is submitted, MED will not acceot any Changes of Ownership until the license is
iss ed.
❑ MED will only accept business applications from owners. Managers cannot submit new applications
on behalf of the owners.
1-1
❑ MED Retail Marijuana License Application Form - DR8548 (On the MED website)
Two (2) complete copies of this apalication will be required for EACH Retail Store, Cultivation,
Marijuana Products Manufacturer or Testing Facility. One (1) copy for the MED and one (1) copy for
the Local Licensing Authority.
❑ Two (2) checks or money ordersfor each license being applied for Qne check made out to
the MED (DC)R) and oiii,iiiP rnade out to the aroaer local authority. The application requires you to
provide the name of the local authority, a contact name, address, email and phone number so MED
can forward the Local Authority the application and fees. Checks will only be accepted from
accounts in the business name or in the name of one of the owners. We cannot accept checks from
holding companies. Failure to provide Local Authority information and fees will deem the application
incomplete.
Q__ LLC's must provide an Operating Agreemeent'and Corporations must provide Articles of
Incorporationand-Bylaws-fully exeGuted and signed by all parties.
c�Copy of a current "Certificate of Good Standing"ifrom the Colorado Secretary of State.
/E( - '-Copy of your current, amended or new lease, ini the name of the business, fully executed and
�--s.ign.ed,_for..the-location-the--busin-ess_will be located even if it is the same location as your current
Medical Center, OPC or MIP. If you have fully executed and signed a sub -lease then you must
also provide a copy of the master lease. If you have a contingency clause it must take effect
immediately upon MED approval.
Floor plans of each facility, on 8.5 X 11 inch paper. These drawings, at a minimum, will
''indicate alLv�tq)LS-fixture&in_s les area, entrances, exits, safes, storage areas, locations of cameras,
DVR(s) and security room(s). Clearly identify the licensed premise area(s).
rl Retail Marijuana Sales Tax Bond on tl5 approved $tate form. You cannot use your existing Medical
Bond for your_Retail 8tore.._(On th. e_M..ED-website)'`
Questions for Taxpayer Service Division: Marijuana Hotline 303-205-8287.
/0 Copy of the current Marijuana State Tax License, if it exists.
❑ You will be required to sign an Ownership, Funding and Limitation of Ownership Change Agreement.
If you are applying for combined use of the same facility for both a Medical Marijuana Center and
Retail Marijuana Store you will be required to sign a Letter of Understanding that you cannot sell
Medical Marijuana to anyone under the age of Twenty -One (21) years. (These forms will be provided
by MED at time of application.)
❑ Payment of fees
NED will not accept an incomplete application. MED mrill con-sider an application incomplete if
the required documents are not submitted or the applicationo ,r out and
executed, to include the appropriate number of copies. Businesses submitting inconiplete
arplications and fees will be rescheduled for a later date.
OPERATING AGREEMENT
F
SINCLE-MEMBER Serene Wellness Treses-, LLC
A COLORADO LIMITED LIABILITY COMPANY
,lady 6, 2012
THIS OPER-ATING AGMEME1`I'17 of Single-Nieniber Serene Wellness Fraser, LLC, a Colorado
limited liability company (the "Companv"), is made as of July 5, 2012 by and
between the Company and .Daniel Drank Volpe ([he "Member").
On ;luly 5, 2012, Daniel Frank Volpe caused the organization. of the Corripally by
filing the Articles of Organization with the Colorado Secretary of State.
ARTICLE
PURPOSES Aj&TT P..
2.1 Purposes. The purposes of the Company are to hold, manage, lease, at.1d
operate equipment and machinery and to undertake activities related thereto, and to
pursue any other lawfttl purpose for which a limited liability company xnay be organized
under Colorado lav
2.2 Powers. The Company shall have all of the powers of a liix-ited liability
company set forth in the Colorado Limited 1.Iiability Company Act, as amended (the
''-Colorado Act").
2.3 Duration. The Company shall continue until it is dissolved, liquidated and
terminated pursuant to Article IX.
ARTICLE III.
OFFICES
3.1 Principal Office. The principal office of the Company shall initially be at
255 Mill Ave Fraser,CO, 80442 but the .Manager, in his discretion, may cause the Company to beep and
luaintain offices wherever the business of the Company .may require.
3.2 R_. seer d Agent and Ofllce. 'File Company sltall continuously maintain
in the State of Colorado a registered office and a registered agent whose business office
is identical with the registered office. The initial registered office is at 13 Fast Park Ave Empire, Co
80438, and the initial registered agent at that address is Daniel Frank Volpe,
both as specified in the _Articles of Organization. The Company may change its
registered office, its registered agent, or both, upon filing; a statement with the Colorado
Secretary of State.
ARTICLE 11,'
MEMBER
4.1 Sole Member. Daniel Frank Volpe, is the only Member of the
Company.
4.2 Capital Contributions. The Member has contributed to the Company the
assets as reflected on the books of the Company and has obtained the Mernbership
Interest described on Exhibit "A" hereto. The Member may contribute additional cash
or other assets to the Company as the Meixiber and the Company may agree. No person
shall have the right to enforce any obligation of the Meniber to contribute capital to the
Company.
4.3 Limited Liability of Member. As provided in the Colorado Act, the
Member (or any Managej) shall not be obligated personally under a judgment, decree or
order of court, or in any other manner, for a debt, obligation or liability of the
Company, whether arising in contract, tort or otherwise, solely by reason of beitig a
member of the Company.
4.4 Meetings of Member. Meetings of the Member may be held at such place,
either -within or without the State of Colorado, as may be determined by the Manager or
the Member. There need not be annual meetings.
4.5 Action of Memberwithout a Meeting. Action required or permitted to be
taken at a Member meeting may be taken. without a. meeting if the action is evidenced
by a written consent describing the action taken, signed by the Member. Action so
taken shall be effective -Ls of the date of the signature of the Member thereon unless the
consent specifies a different effective date in which case the action shall be effective as
of the different effective date.
4.6 Transferability of Interest. The Member's interest in the Company is
transferable her voluntarily or by operation of lacy; provided such transfer is
accomplished in accordance with federal and applicable state securities laws. The
Mernber may dispose of all or a portion of the Member's interest.
(a) Notwithstanding any provision of the Colorado Act to the contrary,
upon any disposition of all (but not less than all) of the Member's interest, the
transferee shall be admitted as a Member upon completion of the transfer without
farther- action. By accepting such transfer, the transferee shall be deemed to
have accepted the provisions of this Agreement. Upon the transfer ofthe
Member's entire interest (other than a transfer by way of pledge or security
interest) the Member shall cease to be a. Member and shall have no further rights
or obligations under this Agreement.
(b) Upon the transfer of less than all. Of the MeDiber's interest, the
trtuisferce may be admitted --is a new Mernber only with the approval of the
Manager. A new Member shall. be required to consent in writing to the
provisions of this Agreement, as moditi ed to reflect the admission of the new
Member.
ARTICLE 1.7
TAX MATTERS
Pursuant to the regulations ender § 7701 of the Internal Revenue Code of 1986,
as aniended, but only for the purposes of U.S. federal income and all applicable state
and local income tax purposes, the Coriapany shalt be disregarded as an entity separate
from the Member, such that the income, gain, loss or deduction of the Company shall be
taxable to the Member.
ARTIC=LE VI.
DIS`ll'RIII uTIONS
A Manager may, from time to time, cause the Company to make distributions to
the Ivletnber in amounts that the Manager determines are not needed and are not
reasonably expected to be needed for nor-rnal operating expenses of the Company, for
payment of Company obligations, or for establishing reasonable reserves for such
expenses and Obligations.
ARTICLE VII.
MANAGEMENT
7.1. Management by Manager. The rnatiagement of the business and afYairs of
the Company shall be vested in one or more Managers.The initial Manager of the Company is Daniel
Frank Volpe. Any action required or permitted to be taken by the Managers may be taken by a single
Manager, and all references herein to "the Manager" shall refer to any Manager. The Manager does not
have to be a Member. If the Member has not appointed a Manager, the Member will be the Manager.
72 Dirties. A Manager shall carry out his or her duties in good faith, in a
manner lie or she believes to be in the best interests of the Company, and with such care
as an ordinary prudent person .in a, like position would use under similar circumstances.
A Manager who so performs his or her duties shall not have any liability by reason of
being or having been a Manager_
7.3 Team. A Manager shall hold office until he or she resigns, dies, becomes
bankrupt or incompetent, or is removed by the Member. Any vacancies occurring in the
office ol'Manager and any position to be filled by an increase in the number of
Managers shall be filled by a majority of the Managers then in office or by the Member.
A. Manager may be removed at any time, with or without cause, by the Member.
7.4 Transactions Between Company and Manager_. The Manager may cause
the Company to contract and deal with a Manager, or any person or entity affiliated
with a. Manager, provided suchh contracts and dealings are on terns comparable to and
competitive with those available to the Company from arm's length parties or are
approved by the Member in writing.
7.5 Management Fees and Reimbursements. The Manager shall riot be entitled to any fee or
salary for managing the operations of the Company unless approved by the Member. The Manager
shall be reimbursed. by (lie C:oinpany for any reasonable Out-of-pocket expenses incurred on behalf of
the Company.
7.6 Exculpation. Any act or failure to act, if clone in good faith to promote
the best interests of the Con-apany, shall not subject the Manager to any liability. The
Company shall indemilify the Manager for all costs, losses, liabilities and damages paid
by the Manager in connection with the Company's business, to the fullest extent
provided or allowed by Colorado late, but only out of and to the extent of the assets of
the Company. In no event shall the Company or the Mels-iber be liable to a third party
as a result of any indemnification.
7.7 Elimination of Fiduciary Duties, The Manager shall have no fiduciary
duties to the Connpany or to the Member other than the contractual obligation of good
faith and fair deatiaag.IIlie Manager may compete with the business of the Company,
Is not require(' to refrain front dealing with the Company iia the conduct OY winding rip
of the Company's business as or on behalf of a party having an interest adverse to the
Company, and is not obligated to account to the Company and bold as trustee any
property, profit, or benefit derived by the Manager in the conduct or winding up of the
Company's business or derived from the use by the Manager of property of the
Company, including (without lin-dtation) an appropriation of an opportunity of the
Company.
7.8 Qliicers. The Manager, or if none, the Member, may appoint such
officers as are appropriate or necessary. officers so appointed shall have [lie authority
ffi
delegated to them by the person appointing such person as an officer.
ARTICLE VIII.
ADMINISTRATION
8.1 Books and Records. Izhe Manager shall peep or cause to be kept (a) true
and complete information r4gardhig the status of the business and financial condition of
the Company; (b) a. copy of this Agreement and the Articles of Organization and all
amendments thereto; (c) copies of the Company's tax returns and reports, if any; and (d)
any other informatioii regarding the afftairs of the Company as may be deterarained to be
necessary by the Manager.
8.2 Financial) Stateaaaents. The Manager shall prepare or cause to be prepared
financial statements as may be- necessary for the purposes of the Company or the
Member.
8.3 }3ank Acco rats. I'lie Manager shall arrange for the CollF = to maintain
bank accoulats in suCh baiills oa• i;lstitutions as the Manager fro121 tialae to time shall
select, and such accounts shall. be drawn upon by checks signed by such person or
persons, and ill such manner, as may be designated by the Manager, subject to ally
restrictions or conditions established by the Manager or the Member. A.11. monies of the
Company shall be deposited in the bank account or accounts of the Company, and shall
not be coanmingled with .monies of the Member.
8.=1 Discal Year. 'l'he fiscal year cr#'ihe Company shall be the calendar year.
IX.
DISSOLUTION,O, AND TERMINATION
9.1 Events of Dissolution. The Company- shall be dissolved and its affairs
wound up pursuant to this Agreement upon the first to occur of the following events
("Events of Dissolution").-
a.
issolution');a. the written consent of the Member to dissolution;
b. the sale or other disposition of substantially al l of the assets
of the Company (excluding a mortgage, pledge or encumbrance of such assets);
C. the entry of a decree of judicial dissolution under the
Colorado pct; or
d. there being no Members unless, within 91 days after the
termination of the membership of the last Member, the Assignees holding at least
a Majority Interest in the Company have admitted at least one person as a
Member.
No other event shall constitute an Event. of Dissolution.
9.2 Liquidation, Upon the occurrence of an Event of I.aissolution, the
Company's affairs shall be wound up by the Manager, or by such other person or
persons required by law to wind up the Company's affairs.
9.2.1 The assets and properties of the Company shall be disposed of; and
receivables collected, all in an orderly and businesslike manner.
9.2.2 The assets of the Cornpa.ny, including the proceeds of liquidation,
shall be applied and distributed in the following order of.priority:
a. to creditors, including the Member if a creditor, in
satisfaction of liabitifes of the Company (whether by payment or the malting of
reasonable provision for payment thereof), other than liabilities for which
reasonable provision for payment has been made and liabilities for distributions
to the Member pursuant to this Agreement.- and
b. to the Member.
9.3 Provisions f.or Contingencies. The Company shall make reasonable
Provision to pay all claims and obligations, including all contingent, conditional or
unniatured claims and obligations, known to the Company and all claims and
obligations which are known to the Company but for which the identity of the claimant
is unknown. If there are sufficient assets, such claims and obligations shall be paid or
provided for according to their priority and, among claims and obligations of equal
priority, ratably to the extent of assets available. any liquidating trustee (inctuding the
Manager acting as liquidating trustee) winding up the Company's affairs who has
ZZ,complied with this Agreement shall rzot be personally liable to the claimants of the
dissolved Company by reason of such person's actions in winding up the Company.
9.4 Termination. Llpoia completion. of the winding up of the Company, the
Manager or such other person or persons required by law to wind up the Company's
affairs shall file articles of dissolution with the Colorado Secretary of State and take
such other actions as may be necessary to terminate the Company.
ARTICLE —
DEATH, INCOMPETENCY, OR BANKRUPTCY Y O THE MEM13ER
10.1 No Dissolution. Neither the death, incompetency, or bankruptcy ofthe
Member will cause the dissolution of the Company. If the Conipany has no Members
because of the death, incompetency, bankruptcy, or withdrawal of the sole Member, the
legal representative or successor of the Member may -exercise ail of the powers of ail
assignee or transferee of a Member,and if there are. no Members, may (by vote of a.
Majority of the outstanding interests) admit one or more Assignees as Members.
10.2 Death. `Fhe Member may dispose of his/her interest in the Company by
will or the lav -is of descent and distribution. The Member's estate shall be immediately
substituted as the sole Member of the Company upon the Member's death. The
personal representative named by will or appointed by court will have all authority to
act on behalf of the Member's estate.
10.3 Member Designation. A Member may designate, in writing, a beneficiary
to receive such Member's interest'in the Company upon such Member's death.. The
�,N,ritten designation shall be fully revocable by the Member and may be changed by
subsequent writings froin ti_t e -to -time, in the sole discretion of the Member. Any
beneficiary so designated shall be subject to all the terms of this Agreement: and shall
receive the Member's interest in the Company sub?ject to any ptachase option, any buysell agreement,
or any other agreement potentially affecting such interest. Such
ben.eficiary shall be admitted as a. Tviember automatically upon the beneficiary accepting
this Agreement in writing, without any further action of the Mtulager.
10.4 IncompetenU. If the Member is adjudged incompetent by any court with
_jurisdiction over the matter, which judgment is not being appealed, the Member shall
retain iris/her int=St jn the Cortlpany, blit the court-appointed guardian, cu,5tmliatt, or
trustee will have all authority to act on behalf of the Member.
10.5 13aakruptc�. If the Member files a petition under the United States
Bankruptcy Code, if creditors file a petition against such Member which the Member
chooses not to contest in accordance with the Bankruptcy Code (or if contested, the
court: finds for the creditors), or if a receiver is appointed for the Member's assets, the
Member shall retain his/her interest in the Company, but the trustee or receiver
appointed by the court will have all authority to act on behalf of the Member.
A 2fIC"L,E X1.
MISCELLANEOUS
12.1 Notices. Any notice which may be given in connection with the business
of the Company or which is provided for in this Agreement shall be given in writing
and maybe delivered personally or by facsimile transmission or nail.
12.2 A-mendznent and Waiver. No change, modification, waiver or amendment
to this Agreement shall be valid unless the same is in kwiting and signed by the Member
and the Company.
12.3 Admission of Additional Member. If not amended prior thereto by the
sole Member, this Agreement shall be automatically amended upon the admission of an
additional Member or holder of an economic interest in the Company to confori�t
Article V (Tax Matters) to be consistent with the requirements of subchapter K of the
Internal Revenue Code of 1986, as amended.
12.4 Governing Late. This Agreement shall be governed by the laws of the
State of Colorado.
The parties hereto have executed. this Operating Agreement as of the date first set
forth above.
COMPANY:
Single -Member Serene Wellness Fraser, LLC, a Colorado limited Iiabllity coax aapy
Its Sole Member: Daniel l Yaa�lz X01 �e lts ManaZD Darnel. Fra Ie olpe
EXHIBIT A
Capital Contributions
As of July 6, 2012
This Exh-ibit shall be amended from time -to -time to reflect the issuance, transfer,
or repurchase of Units, Capital contributions -krill be reflected on the books of the
Cornpany.
Member's Name : D'aniel Franmk Volpe
Address: Box #331 Empire, CO 804-38
Social Security #:
Membership Interest (#- Units): 100
Percentage Interest: 100%
Economic Interest Holder who is not a Member -None
Signature:
7:7
OFFICE OF THE SECRETARY OF STATE
OF THE STATE OF COLORADO
.
ip
I, Scott Gessler, as the Secretary of State of the State of Colorado, hereby certify that, according to the
records of this office,
Serene Wellness Fraser LLC
is a Limited Liability Company formed or registered on 07/05/2012 under the law of Colorado, has
complied with all applicable requirements of this office, and is in good standing with this office. This
entity has been assigned entity identification number 20121369466.
This certificate reflects facts established or disclosed by documents delivered to this office on paper
through 07/22/2014 that have been posted, and by documents delivered to this office electronically
through 07/23/2014 @ 16:15:56.
1 have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated,
issued, delivered and communicated this official certificate at Denver, Colorado on 07/23/2014 @
16:15:56 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation
Number 8908954.
Secretary of State of the State of Colorado
of Certificate=
Notice:.4 certificate issued electr'onicallfrom the Colorado Secretary of State's Web site is filly and intntediately valid and effective. Hotirever,
as an option, the issuance and validity of a certificate obtained electronically may be estohlished Iry visiting the Certificate Coiffimation Palle of
the Secretary of State's Web site, ]ilm'iii ni,"sos.stcate.co.us/biz/Certidca(ESearchCriieria.do entering the certificate's confrtttatimt number
displgped on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not
necssaiT to the valid and e ective issuancf, aa cerci trate. For more h1forrnation, visit our Web site, http:1 ivwiv.sos.state. Co. ns/ Click Businessf
Center mrd select "Frequently Asked QUHSIiartS. "
CCRT GS D Revised 08/20/2008
OFFICE OF THE SECRETARY OF STATE
OF THE STATE OF COLORADO
CERTIFICATE
I, Scott Gessler, as the Secretary of State of the State of Colorado, hereby certify that, according to the
records of this office,
Serene Wellness Fraser LLC
is a Limited Liability Company formed or registered on 07/05/2012 under the law of Colorado, has
complied with all applicable recluirernenLs of this office, and is in good standing with this office. This
entity has beenassigned entity identification number 20121369466.
"i"his certificate reflects facts established or disclosed by documents delivered to this office on paper
through 07/05/2012 that have been posted, and by documents delivered to this office electronically
through 07/07/2012 @, 19:34:1.5.
I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated,
issued, delivered and communicated this official certificate at Denver, Colorado on 07/07/2012 L
19:34:15 pursuant to and in accordance with applicable lave" This certificate is assigned Con-6rination
Number 8286750.
Secrtt°lry of State of the State of Colorado
k.r:ofCL'Itll-LC,
NoJi('4' .},.fie{li%calt_t.S.CrmdRIC trl irn?lL�nl17tl7eCnln,Ylf/O Cbrr'G'trP,!'V(1rSf(1lFS�Pla.rileis,itlh+(nlrinnnled(rrPclt+l+nlr(?aitlle e('ti4'e, Ht74terB1
as an oplion, the is(rancer and italiditr nj a cer'l±fic'ale obtained electronieaUy mm he estahlished ht• vkifittg the C crtfficaM C,ogfrttnaiinrz fare of
the S(.'L'i'Clal,l' 171.�lale'.5 T{Lb site,
elitCrilkq- the c-arifficalG s enrlfil'17ra/loll number
displayed on the cert Uicate, and,ftlllolltng the, i8strl.ICtio"S displc Tred,CO/I it rl11I 't, 7%)E I151(On Cf.' K?L7 CGr/IfICa1B i5 me l5 771fional f..td ly IIoP
r)eeessgr to /fit, valid arrd ef�ecltr c, iss rnnre) rF> ti ic(rte. For lunre i11Jat-rrration, visit var YT eh arty ; . r . rlrck 13rrs rer,c
�...t
C t rater acrd s ch, cr "Frequently AAed OIMSlknrs. "
CERT GS D Revised 1W 20;20(18
Document taut be tiled electronically.
Paper documents will trot be accepted.
Document processing fee
Fees & forms/covet- sheets
are subject to change.
To access other inf:ormatioti or print
copies of filed documents,
visit and
select Business Center.
Colorado Secretary of Mate
' Date and Time: 07/05x`2012 02:39 PM
ID Number: 20121.369466
$50.00 Document numbet-: 20121.369466
Amount Paid: $50.00
ABOVE SPACE FOR OFFICE USE ONLY
Articles of Organization
filed pursitatit to - t, and of the Colorado Revised Statutes (C.R.S.)
1. The domestic entity name of the limited liability company is
Serene Wellness Fraser LLC
(77re name of a limited liahili y companv mat contain the (ernz or abbrevira(ian
• limited llahility company "lid. liability compoav ", "limited liabllitty cr. ". "Itd.
liahili(a Co.", "limited", "U'r. ", "hc•" or "llrf, See ,¢7-90-601, C.R.S.)
(('arrBorr: 71te t(.ce ctJ certain torr::.c o+ ahbrevicttions are resiricterf h} tut+c Read insirttmons far more infhrnutlion.y
2. The principal office address of the limited liability company's initial principal office is
Street address 255 Mill Ave
(Scree( number and name)
Llailitig address
(leave blao k if sttwe as street address)
Fraser
(001)
CO 80442_ _
(3'tate} — — 711'IPostal C'odv)
(Practice--iftipplicahle) (Counfr;j
Box #331
Empire
(Sri-eer rarrrraher and name or Post Qfflcc Bay i)!fhr•mafian.)
(Cul)
CO 80438
('State) (GIP/Pnstal Coder)
United States
(Province—r'fapplicahly) (Courdr19
3. The registered agent name and registered agent address of the limited liability company's initial registered
agent are
Name Volpe
(if in individual)
OR
Daniel Frank _
(Firs!) (.dliddie) (Sa(fixf
(i fan entity)
(� arrtfon: Do not provide, holh an individual and a)r name.)
Street address 13 East Park Ave _
(Street unmher and name)
Empire
co 80438
ARTOR( 1.LC' Pagc 1 of3 Rei. 02i2s12009
Mailing address
(leave blank if same as street address)
Box #33 1
ME
(Sh cei number anti name or Post Q%icee Box irttornurtion)
(C'itt1)
Co 80438
(.State) (LIP Code)
('I'Ite f ilio wing .slatemeni is adopted hr marking the hox.) VJ
The person appointed as registered agent has consented to being so appointed.
4. The true name and mailing address of the person forming the limited liability company are
Narnc
(if an individual)
N
Volpe
(last)
(1f an entity)
(C.ttilgall: L)o riot provide bath ant individual tit id an etitiG)n izanie.)
Rr)Y i�'l'A I
Mailing address
Empire
Daniel Frank
(First,.) .._ T (�?irltUe) (St04)
(Street number and mule or Post Qfjice Bay infor'nuttion)
(06)
(Province — if applicable)
CO 80438
(Sta(e) (71PIPnsialCock)
United States .
(Itthefulloit,ingsictli,,)lent applies, adopt the statement b) nnnn'Icing the box and inchide an attachinerif)
The limited liability eon)pany has one or more additional persons forming the limited liability
company and the name and mailing address of each such person are stated in an attachment.
5_ The management of the limited liability company is vested in
(Mdrk the applicahle hox,)
one or more managers.
OR
® the inenabers,
G. (Tire fnllonding.clatemennt is ttdoiited hV "W"king the hoz.)
1 :...1 There is at least onemember ofthe limited liability co)npany.
7. ('/f the fiillnisnng statement applies, adopt the siatenrenN nr nnarking the hnx and inchide au attachnienl.)
-rliis document contains additional information as provided by law.
$. (Catttiott: L,t cave blame if the dorttntent does not have a delgred zsffeclive date. .Stating a dexlayed et}'�ctivc dale bets
signijicant legal eonsequences. head inshntctiois 130bie entering a dale)
(If the fullwwhigstatenzent applies, adopt the s&neaient by entering a date and, ?j'applicable, time using the ret)ttired fora+at.)
The delayed effective date and, if applicable, time of this document is/are
(mrri.tdr�!}=inns hnur-minrde nrnlpmJ
ARTORC; LLC Page 2 of'3 Rev. 02/213.'2008
Notice -
Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of pctjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for Filing, taken in conformity
with the requirements of part 3 of article 90 of title 7, C.R_S., the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are trite and the
document complies with the.requirenrents of that part, the constituent documents, and the organic statutes.
This perjury notice applies to each individual who causes this document to be delivered to the Secretary of
State, whether or not such individual. is named in the document as one who has caused it to be delivered_
9. 'The true nvrre and mailing address of the individual causing the document. to be delivered for tiling are
Volpe Daniel Fran{ _
(Last) --- (]!irsU (tYliddle) —, (4t�jraJ
Box #331
Empire
65trect number and amm or Past (lfce Bax in Urination)
(City)
(Province. - ;f applicaL le) _-^—
CO 80438
(Stats)
United States
(C oulla y)
(.11'JPastat Lrxlc')
(ff thefallavving statement applies, adopt the statement hp marking the hay and mchu ` an auaclmteni.)
[1 'Fhis document contains the true narne and mailing address of one or more additional individuals
causing the document to be delivered for filing.
Disclainter:
This iorrn/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice,
and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy
minirnurn legal requirements as of its revision date, compliance with applicable law, as the sante may be
amended From time to time, remains the responsibility of the user of this form/cover sheet. Questions should
be addressed to the user's legal, business or tax advisor(s).
ARTORG_LLC Page 3 of= Rev. 02/28i2009
Colorado Commercial Lease Agreement
This Commercial Lease Agreement ("Lease") is made and effective October, 1" 2013, by and between
Daniel F Volpe/Lucky Fox Limited("Landlord") and Serene Wellness Fraser LLC("Tenant").
Landlord is the owner of land and improvements commonly known and numbered as 228 Byers Ave Fraser CO, 80442 and
legally described as follows (the "Building"): Small Grey House
Landlord makes available for lease a portion of the Property designated as 228 Byers (the "Leased Premises").
Landlord desires to lease the Leased Premises to Tenant, and Tenant desires to lease the Leased Premises from Landlord
for the term, at the rental and upon the covenants, conditions and provisions herein set forth.
THEREFORE, in consideration of the mutual promises herein, contained and other good and valuable consideration, it is
agreed:
1. Term.
A. Landlord hereby leases the Leased Premises to Tenant, and Tenant hereby leases the same from Landlord, for an "Initial
Term" beginning November 1, 2013 and ending October 31, 2014 Landlord shall use its best efforts to give Tenant
possession as nearly as possible at the beginning of the Lease term. If Landlord is unable to timely provide the Leased
Premises, rent shall abate for the period of delay. Tenant shall make no other claim against Landlord for any such delay.
B. Tenant may renew the Lease for one extended term of one year. Tenant shall exercise such renewal option, if at all, by
giving written notice to Landlord not less than ninety (90) days prior to the expiration of the Initial Term. The renewal term
shall be at the rental set forth below and otherwise upon the same covenants, conditions and provisions as provided in this
Lease.
2. Rental,
A. Tenant shall pay to Landlord during the Initial Term rental of $10,800 per year, payable in installments of $900 per month.
Each installment payment shall be due in advance on the first day of each calendar month during the lease term to Landlord
at 13 East Park Ave Empire CO 80438 or Box #331 Empire, CO 80438 or at such other place designated by written notice
from Landlord or Tenant. The rental payment amount for any partial calendar months included in the lease term shall be
prorated on a daily basis. Tenant shall also pay to Landlord a "Security Deposit" in the amount of $0.
B. The rental for any renewal lease term, if created as permitted under this Lease, shall be $11400 per year payable in
installments of $950 per month.
3. Use
Notwithstanding the forgoing, Tenant shall not use the Leased Premises for the purposes of storing, manufacturing or selling
any explosives, flammables or other inherently dangerous substance, chemical, thing or device.
4. Sublease and Assignment.
Tenant shall have the right without Landlord's consent, to assign this Lease to a corporation with which Tenant may merge or
consolidate, to any subsidiary of Tenant, to any corporation under common control with Tenant, or to a purchaser of
substantially all of Tenant's assets. Except as set forth above, Tenant shall not sublease all or any part of the Leased
Premises, or assign this Lease in whole or in part without Landlord's consent, such consent not to be unreasonably withheld
or delayed.
5. Repairs.
During the Lease term, Tenant shall make, at Tenant's expense, all necessary repairs to the Leased Premises. Repairs shall
include such items as routine repairs of floors, walls, ceilings, and other parts of the Leased Premises damaged or worn
through normal occupancy, except for major mechanical systems or the roof, subject to the obligations of the parties
otherwise set forth in this Lease.
6. Alterations and Improvements.
Tenant, at Tenant's expense, shall have the right following Landlord's consent to remodel, redecorate, and make additions,
improvements and replacements of and to all or any part of the Leased Premises from time to time as Tenant may deem
desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. Tenant shall have the
right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the
Leased Premises, and fasten the same to the premises. All personal property, equipment, machinery, trade fixtures and
temporary installations, whether acquired by Tenant at the commencement of the Lease term or placed or installed on the
Leased Premises by Tenant thereafter, shall rernain Tenant's property free and clear of any claim by Landlord. Tenant shall
have the right to remove the same at any time during the term of this Lease provided that all damage to the Leased Premises
caused by such removal shall be repaired by Tenant at Tenant's expense.
Initials
7. Propertv Taxes
Landlord shall pay, prior to delinquency, all general real estate taxes and installments of special assessments coming due
during the Lease term on the Leased Premises, and all personal property taxes with respect to Landlord's personal property,
if any, on the Leased Premises. Tenant shall be responsible for paying all personal property taxes with respect to Tenant's
personal property at the Leased Premises.
8. Insurance.
A. If the Leased Premises or any other part of the Building is damaged by fire or other casualty resulting from any act or
negligence of Tenant or any of Tenant's agents, employees or invitees, rent shall not be diminished or abated while such
damages are under repair, and Tenant shall be responsible for the costs of repair not covered by insurance.
B. Landlord shall maintain fire and extended coverage insurance on the Building and the Leased Premises in such amounts
as Landlord shall deem appropriate. Tenant shall be responsible, at its expense, for fire and extended coverage insurance on
all of its personal property, including removable trade fixtures, located in the Leased Premises,
C. Tenant and Landlord shall, each at its own expense, maintain a policy or policies of comprehensive general liability
insurance with respect to the respective activities of each in the Building with the premiums thereon fully paid on or before
due date, issued by and binding upon some insurance company approved by Landlord, such insurance to afford minimum
protection of not less than $1,000,000 combined single limit coverage of bodily injury, property damage or combination
thereof. Landlord shall be listed as an additional insured on Tenant's policy or policies of comprehensive general liability
insurance, and Tenant shall provide Landlord with current Certificates of Insurance evidencing Tenant's compliance with this
Paragraph. Tenant shall obtain the agreement of Tenant's insurers to notify Landlord that a policy is due to expire at least (10)
days prior to such expiration. Landlord shall not be required to maintain insurance against thefts within the Leased Premises
or the Building.
9. Utilities.
Tenant shall pay all charges for water, sewer, gas, electricity, telephone and other services and utilities used by Tenant on the
Leased Premises during the term of this Lease unless otherwise expressly agreed in writing by Landlord. In the event that
any utility or service provided to the Leased Premises is not separately metered, Landlord shall pay the amount due and
separately invoice Tenant for Tenant's pro rata share of the charges. Tenant shall pay such amounts within fifteen (15) days
of invoice. Tenant acknowledges that the Leased Premises are designed to provide standard office use electrical facilities
and standard office lighting. Tenant shall not use any equipment or devices that utilizes excessive electrical energy or which
may, in Landlord's reasonable opinion, overload the wiring or interfere with electrical services to other tenants.
10. Signs.
Following Landlord's consent, Tenant shall have the right to place on the Leased Premises, at locations selected by Tenant,
any signs which are permitted by applicable zoning ordinances and private restrictions. Landlord may refuse consent to any
,proposed signage that is in Landlord's opinion too large, deceptive, unattractive or otherwise inconsistent with or
inappropriate to the Leased Premises or use of any other tenant. Landlord shall assist and cooperate with Tenant in obtaining
any necessary permission from governmental authorities or adjoining owners and occupants for Tenant to place or construct
the foregoing signs. Tenant shall repair all damage to the Leased Premises resulting from the removal of signs installed by
Tenant.
11. Entry.
Landlord shall have the right to enter upon the Leased Premises at reasonable hours to inspect the same, provided Landlord
shall not thereby unreasonably interfere with Tenant's business on the Leased Premises.
12. Parking.
{wring the term of this Lease, Tenant shall have the non-exclusive use in common with Landlord, other tenants of the
Property, their guests and invitees, of the non -reserved common automobile parking areas, driveways, and footways, subject
to rules and regulations for the use thereof as prescribed from time to time by Landlord. Landlord reserves the right to
designate parking areas within the Building or in reasonable proximity thereto, for Tenant and Tenant's agents and
employees. Tenant shall provide Landlord with a list of all license numbers for the cars owned by Tenant, its agents and
employees. Separated structured parking, if any, located about the Building is reserved for tenants of the Building who rent
such parking spaces. Tenant hereby leases from Landlord parking spaces in such structural parking area, such spaces to be
on a first come -first served basis. In consideration of the leasing to Tenant of such spaces, Tenant shall pay no additional
monthly rental per space throughout the term of the Lease.
Initials. -OV OV
13. Building Rules.
Tenant will comply with the rules of the Building adopted and altered by Landlord from time to time and will cause all of its
agents, employees, invitees and visitors to do so; all changes to such rules will be sent by Landlord to Tenant in writing. The
initial rules for the Building are attached hereto as Exhibit "A" and incorporated herein for all purposes.
14. Damage and Destruction.
Subject to Section 8 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire,
casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right within
ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In
the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises
unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the
repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions
, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant
shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are
inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in
advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be
made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the
matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased
Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes.
15. Default.
If default shall at any time be made by Tenant in the payment of rent when due to Landlord as herein provided, and if said
default shall continue for fifteen (15) days after written notice thereof shall have been given to Tenant by Landlord, or if
default shall be made in any of the other covenants or conditions to be kept, observed and performed by Tenant, and such
default shall continue for thirty (30) days after notice thereof in writing to Tenant by Landlord without correction thereof then
having been commenced and thereafter diligently prosecuted, Landlord may declare the term of this Lease ended and
terminated by giving Tenant written notice of such intention, and if possession of the Leased Premises is not surrendered,
Landlord may reenter said premises. Landlord shall have, in addition to the remedy above provided, any other right or
remedy available to Landlord on account of any Tenant default, either in law or equity. Landlord shall use reasonable efforts'
to mitigate its damages.
16. Quiet Possession.
Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord will keep and
maintain Tenant in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Leased Premises during
the term of this Lease.
17. Condemnation
If any legally, constituted authority condernns the Building or such part thereof which shall make the Leased Premises
unsuitable for leasing, this Lease shall cease when the public authority takes possession, and Landlord and Tenant shall
account for rental as of that date. Such termination shall be without prejudice to the rights of either party to recover
compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shall have
any rights in or to any award made to the other by the condemning authority.
18. Subordination.
Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust or other lien presently existing or hereafter
arising upon the Leased Premises, or upon the Building and to any renewals, refinancing and extensions thereof, but Tenant
agrees that any such mortgagee shall have the right at any time to subordinate such mortgage, deed of trust or other lien to
this Lease on such terms and subject to such conditions as such mortgagee may deem appropriate in its discretion. Landlord
is hereby irrevocably vested with full power and authority to subordinate this Lease to any mortgage, deed of trust or other
lien now existing or hereafter placed upon the Leased Premises of the Building, and Tenant agrees upon demand to execute
such further instruments subordinating this Lease or attorning to the holder of any such liens as Landlord may request. In the
event that Tenant should fail to execute any instrument of subordination herein require d to be executed by Tenant promptly
as requested, Tenant hereby irrevocably constitutes Landlord as its attorney-in-fact to execute such instrument in Tenant's
name, place and stead, it being agreed that such power is one coupled with an interest. Tenant agrees that it will from time to
time upon request by Landlord execute and deliver to such persons as Landlord shall request a statement in recordable form
certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full
force and effect as so modified), stating the dates to which rent and other charges payable under this Lease have been paid,
stating that Landlord is not in default hereunder (or if Tenant alleges a default stating the nature of such alleged default) and
further stating such other matters as Landlord shall reasonably require.
a^
Initials '(
19. Securitv Deposit.
The Security Deposit shall be held by Landlord without liability for interest and as security for the performance by Tenant of
Tenant's covenants and obligations under this Lease, it being expressly understood that the Security Deposit shall not be
considered an advance payment of rental or a measure of Landlord's damages in case of default by Tenant. Unless
otherwise provided by mandatory non-waivable law or regulation, Landlord may commingle the Security Deposit with
Landlord's other funds. Landlord may, from time to time, without prejudice to any other remedy, use the Security Deposit to
the extent necessary to make good any arrearages of rent or to satisfy any other covenant or obligation of Tenant hereunder
Following any such application of the Security Deposit, Tenant shall pay to Landlord on demand the amount so applied in
order to restore the Security Deposit to its original amount. If Tenant is not in default at the termination of this Lease, the
balance of the Security Deposit remaining after any such application shall be returned by Landlord to Tenant. If Landlord
transfers its interest in the Premises during the term of this Lease, Landlord may assign the Security Deposit to the
transferee and thereafter shall have no further liability for the return of such Security Deposit,
20. Notice.
Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by United States
certified mail, return receipt requested, addressed as follows:
If to Landlord to:
Daniel Volpe/Lucky Fox Limited
!Laiido dj
Box #331 Empire, CO 80438
[Landlord's Addre=!�]
If to Tenant to:
Serene Wellness Fraser LLC
[Tp na nt]
228 Byers Ave Fraser, CO 80442
[Tenant's Address]
Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this
paragraph by written notice thereof to the other party.
21. Brokers.
Tenant represents that Tenant was not shown the Premises by any real estate broker or agent and that Tenant has not
otherwise engaged in, any activity which could form the basis for a claim for real estate commission, brokerage fee, finder's
fee or other similar charge, in connection with this Lease.
22. Waiver.
No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to take any action on account of .
such default if such default persists or is repeated, and no express waiver shall affect any default other than the default
specified in the express waiver and that only for the time and to the extent therein stated. One or more waivers by Landlord
or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition.
23. Memorandum of Lease.
The parties hereto contemplate that this Lease should not and shall not be filed for record, but in lieu thereof, at the request
of either party, Landlord and Tenant shall execute a Memorandum of Lease to be recorded for the purpose of giving record
notice of the appropriate provisions of this Lease.
24. Headinqs.
The headings used in this Lease are for convenience of the parties only and shall not be considered in interpreting the
meaning of any provision of this Lease.
Initials( ` l
25. Successors.
The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and their respective legal
representatives, successors and assigns.
26. Consent.
Landlord shall not unreasonably withhold or delay its consent with respect to any matter for which Landlord's consent is
required or desirable under this Lease.
27. Performance.
If there is a default with respect to any of Landlord's covenants, warranties or representations under this Lease, and if the
default continues more than fifteen (15) days after notice in writing from Tenant to Landlord specifying the default, Tenant
may, at its option and without affecting any other remedy hereunder, cure such default and deduct the cost thereof from the
next accruing installment or installments of rent payable hereunder until Tenant shall have been fully reimbursed for such
expenditures, together with interest thereon at a rate equal to the lesser of twelve percent (12%) per annum or the then
highest lawful rate. If this Lease terminates prior to Tenant's receiving full reimbursement, Landlord shall pay the
unreimbursed balance plus accrued interest to Tenant on demand.
28. Compliance with Law.
Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenant's
use of the Leased Premises. Landlord shall comply with all laws, orders, ordinances and other public requirements now or
hereafter affecting the Leased Premises.
29. Final Agreement.
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This
Agreement may be modified only by a further writing that is duly executed by both parties.
30. Governina Law.
This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Colorado
IN WITNESSWRERE®Fr the parties have executed this Lease as of the day and year first above written.
r
loci
frenantj Signature Plock
Landlord authorization/acknowledgement
(to be competed if the applicant is not the property owner)
The undersigned, as the owner of the premises where the proposed retail marijuana business
will be located, hereby joins in the foregoing acknowledgement and consent and agrees that the
Town of Fraser shall not be liable in any manner should the premises be seized, forfeited or
restricted -as a consequence of violation of any federal laws relating to controlled substances or
,.die to violation o y st er-lo al laws or regulations relating to retail marijuana operations.
pert orized Signature: Date:
ss.
COUNTY OF -1-4c?4 11
Subscribed and sworn to (affirmed) before me this 2-.S—day of J � 20 / y
By LJcl-12"Ie( LIa1 rte✓
otary Public
My commission expires:
[ S E A L ]
RONALD DEAN KOHLER
Notary Public
State of Colorado
m ON
SuretyBonds
.Com
GUARANTEED PERFORMANCE, NATIONWIDE
July 24, 2014
Serene Wellness Fraser LLC
PoBox 331
Empire CO 80438
RE: M CO Retail Marijuana
Daniel:
I appreciate your trust in myself and SuretyBonds.com for all of your bonding needs!
$5K CO Retail Marijuana 5185334 7/23/2015
YES
The surety bond referenced above is signed, sealed, and enclosed with this letter.
F111n ur Bond - Before filing your bond with the obligee you will need to do the following:
Correctly sign as principal on the surety bond form. (see signature tags)
Our Commitment To V u:
SuretyBonds.com works with more than 25 of the nation's largest surety companies to
ensure you receive the best pricing available for your bond. I will begin quoting any
renewals for you as early as 90 days before your bond's expiration date.
To ensure fast and accurate service, please notify us of any changes in:
• ownership 5 email address
• mailing/business address
® phone number
With this information I can notify you of any changes in your bonding requirements and
ensure you receive any future renewal notices without delay.
As always, feel free to call me at (800) 308-4358 any time you have a question or need help with
your current or future bonding needs.
Sincerely,
o
Surety Bond Account Manager
3511 1-70 Drive SE - SUNW, 102 C0LU1\ADj;1\, 1'<l�? 0.;2n'
P11011:? 9o0.3()0 ,t^F.g$ , 5I 3 "(":3 , (! I t
VV V� ms's
'
DR 8519 (09/19/13)
COLORADO DEPARTMENT OF REVENUE
MARIJUANA ENFORCEMENT DIVISION
455 Sherman Street, Suite 390
Denver, Co 80203
Name of Bonding Company SureTec Insurance Company
Bond Number 5185334
KNOWALL PERSONS BY THESE PRESENTS:
That we, Serene Wellness Fraser LLC Street Address 228 Byers Ave
City Fraser , County of grand , State of Colorado, as Principal,
and SureTec Insurance Company a surety company qualified and authorized to do surety business in the State of
Colorado, as Surety, are held and firmly bound unto the State of Colorado to indemnify the State or local governmental entity for
any loss suffered by reasons of violation of the conditions hereinafter contained in the penal sum of FIVE THOUSAND DOLLARS
($5,000.00), lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors and assigns jointly, severally, and firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal is applying for the issuance or renewal of a license
issued pursuant to the Colorado Retail Marijuana Code, Article 43.4 of Title 12 of the Colorado Revised Statutes, which license or
license renewal shall be valid, if not suspended or revoked, for a license period ending one year from the last day of the. month of
issuance of the license or renewal;
NOW, THEREFORE, if the Principal is granted a license by the State pursuant to Article 43.4 of Title 12 of the Colorado Revised
Statutes, during the term of said license and any renewal thereof, the Principal shall report and pay all sales and use taxes due the
State of Colorado, or due any other entity for which the State is the collector or collecting agent, in a timely manner as provided by law.
IT IS FURTHER PROVIDED that the aggregate liability of the Surety for all breaches of the condition of this bond, regardless of the
number of years this bond shall continue in force, the number of claims made against this bond, and the number of premiums which
shall be payable or paid shall not exceed the amount of the bond.
IT IS FURTHER PROVIDED that pursuant to Section 12-43.4-303(2), C.R.S., the Surety shall not be required to make payments to
the State of Colorado claiming under this bond until a final determination of failure to pay taxes due to the State has been made by the
State Licensing Authority or a court of competent jurisdiction.
IT IS FURTHER PROVIDED that the Surety shall have the right to cancel this bond for any reason authorized by statute by filing forty-
five (45) days' written notice of such cancellation with the Principal and with the State Licensing Authority. If cancellation is based upon
nonpayment of premium, this bond may be cancelled by the Surety upon ten (10) days' written notice to the Principal and the State
Licensing Authority.
THIS OBLIGATION may be continued from year to year by the issuance by the Surety of a
the State Licensing Au(bority-purs ant to Section j243,4-303(3), C.R.S.
Dated this 24th day of d 'y,-- 4
For the Principal: _`� s " PDr the Surety:
'er-Gn,a C></ellness Fraser LLC
ua 1
ACKNOWLEDGMENT OF SMETY
STATE OF r0L2i 'Y Missouri
COUNTY OF Boone 1 SS
certificate deiivered to
On this 24thday of July 2024, before me, a notary public in and for the above State, personally appeared
Luana Fiords to me personally known and being by me duly sworn, did say that he or she is an
authorized corporate officer or the Attorney -in -Fact of SureTec Insurance Company a corporation duly organized and existing
under the laws of the State of Colorado, or authorized to do business therein, and that he or she as such officer executed the
foregoing instrument for the purposes herein contained on behalf of said corporation, and further acknowledged that the instrument
was executed as the free act and deed of said corporation.
IN WITNESS WHEREOF, I hereunto set my name and affixed my official seal on t -d r wntt ove.
PATSCHOLL
Notary Public, Notary Seal
State of Missouri
(S Et�AcLc�ne County c Noiynry Public, Stat Missouri
Commission # 12290120
My Commission Expires January 08, 2016 /MY commission expires: 01/31/2015
POA #: 5185334
SureTec Insurance Company
LIMITED POWER OF '
Know All Men by Thew Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Luana Fields
its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for:
Principal: Serene Wellness Fraser LLC
Obligee: Colorado Dept of Revenue, Marijuana Enforcement Division
Amount: $ 5,000.00
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the
premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec
Insurance Company:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`h of April,
1999)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 21st day of March, A.D. 2013.
SURETEC RAN OMPANY
w : w F n John ox , resident
rc� ra;2
State of'Texas ss: tp
County of Harris ••--•�
'^$nurtunn mipnw"a
On this 21 st day of March, A.D. 2013 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which cmecuted the al:ove
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
JACQUELYN MALDONADO
Notary Public
State of Texas
9 OFZ Py My Comm. Exp. 5118!2017 acquelyn Maldonado, Notary Public
My commission expires May 18, 2017
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the .Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this 24th day of JWV 2014 , A.D.
Brent Beaty, Assistant S ,cretary
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power yogi may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.
DR 8519 (09/19113)
COLORADO DEPARTMENT OF REVENUE
MARIJUANA ENFORCEMENT DIVISION
455 Sherman Street, Suite 390
Denver, Co 80203
i
Name of Bonding Company SureTec Insurance Company
Bond Number 5185334
KNOWALL PERSONS BY THESE PRESENTS:
That we, Serene Wellness Fraser LLC Street Address 228 Byers Ave
City Fraser County of errand - State of Colorado, as Principal,
and SureTec Insurance Company . a surety company qualified and authorized to do surety business in the State of
Colorado, as Surety, are held and firmly bound unto the State of Colorado to indemnify the State or local governmental entity for
any loss suffered by reasons of violation of the conditions hereinafter contained in the penal sum of FIVE THOUSAND DOLLARS
($5,000.00), lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors and assigns jointly, severally, and firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal is
issued pursuant to the Colorado Retail Marijuana Code, Article 43.4 of Title 12 of
license renewal shall be valid, if not suspended or revoked, for a license period ei
issuance of the license or renewal;
NOW, THEREFORE, if the Principal is granted a license by the State
Statutes, during the tern of said license and any renewal thereof, the f
State of Colorado, or due any other entity for which the State is the CPO
IT IS FURTHER PROVIDED that the aggregate liability of the G v° for all
number of years this bond shall continue in force, the number" aims mid
shall be payable or paid shall not exceed the amount of the bon
IT IS FURTHER PROVIDED that pursuant to Sect
the State of Colorado claiming under this bond un ' rnai de on
State Licensing Authority or a court of campeten ; sdicflon.
IT IS FURTHER PROVIDED that the Surety shall
five (45) days' written notice of such can anon
nonpayment of premium, this bond a k nce
Licensing Authority.
THIS OBLIGATION may be con ed from yeartc
the State Licensing Authority t to Section 1
Dated this 24th day of ", til'"
For, the Principe l'r-Z _ .
STATE OF99TUTAW Missouri
for the issuance or renewal of a license
rado Revised Statutes, which license or
s year from the last day of the month of
of Title 12 of the Colorado Revised
pay all sales and use taxes due the
�a timely manner as provided by law
of the condition of this bond, regardless of the
this bond, and the number of premiums which
, the Surety shall not be required to make payments to
ire to pay taxes due to the State has been made by the
the right toI this bond for any reason authorized by statute by filing forty -
Principal with the State Licensing Authority. If cancellation is based upon
the $ upon ten (10) days' written notice to the Principal and the State
r by the issuance by the Surety of a proper i nation certificate delivered to
.4-303(3), C.R.S.
2014
For the Surety:
ACKNOWLEDGMENT OF S
COUNTY OF Boone 1 SS.
On this 24thday of JulY 20 A, before me, a notary public in and for the above State, personally appeared
Luan.a FleTds to me personally known and being by me duly swom, did say that he or she is an
authorized corporate officer or the Attomey-in-Fact of sureTec Insurance company a corporation duly organized and existing
under the laws of the State of Colorado, or authorized to do business therein, and that he or she as such officer executed the
foregoing instrument for the purposes herein contained on behalf of said corporation, and further acknowledged that the instrument
was executed as the free act and deed of said corporation.
IN WITNESS WHEREOF, I hereunto set my name and affixed my official seal
My Commission Expires January 08, 2016 y commission expires: 01/31/2015
PATRICK SCHOLL
r -
Notary Public, Notary Seal
e
State of Missouri
(S E04�ne County
Not Public, ;
Commission # 12290120
My Commission Expires January 08, 2016 y commission expires: 01/31/2015
POA H: 5185334
SureTee Insurance Company
LIMITED POWER OF ATTORNEY
Amon, AM Men by Ries--. Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Luana Fields
its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for:
Principal: Serene Wellness Fraser LLC
Obligee: Colorado Dept of Revenue, Marijuana Enforcement Division
Amount: S 5,000.00
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the
premises. Said appointment is made .under and by authority of the following res ons of the Board of Directors of the SureTec
Insurance. Company:
Be it Resolved, that the President, any Vice-president, any Assistant Vice -President: ~ : y Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more sui le Pers as Attorney(s)-in-Fact to represent and act for and on
behalf of the Company subipet to the following provisions:
Attorney -in -Fact may be given full power and authority for and in a~of an `ti of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements o s and other c 'onal or obligatory undertakings and any and all
notices and documents canceling or terminating the Compan lzabihty ereunder, an y such instruments so executed by any such
Attorney -in -Fact shall be binding upon the Company as if A y the Pr bnt and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer anc( of mpany heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of ati certificate bearing facsimile signature or facsimile seal sball be valid
and binding upon the Company with respect to any ert to which it is attached. (Adopted at a meeting held on 20th of April,
1999.)
In Witness Whereof, SURETEC INSURANCE CO ANY has
to be hereto affixed this 21st day of March, A.D. 20
State of Texas ss:
County of Harris
these presents to be signed by its President, and its corporate seal
SUR ETEC I ij. RAN OMP,ANY .
By:
John nax ., resident
On this 21st day of March, A.D. 2013 before me pe`ly came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
JACQUELYN MALDONADO
NotaryPublic
State of Texas
My Comm. Exp.511812017 acquelyn Maldonado, Notary Public
My commission expires May 18, 2017
1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in fu11 force and effect.
Given under my hand and the seal of said Company at Houston, Texas this 24th day of J 2014 A.D.
4
. Brent Beaty, Assistant S cretary
Any Instrument issued In excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.
CR 0100 1242
A
COLORA &ODE11P IRTMENT OF REVENUE COLORADO SALES TAX
1375SHERMAN STREET
DENVER CO 80261-0013 WITHHOLDING ACCOUNT APPLICATION
F
Departmental Use Only
REASON FOR FILING THIS APPLICATION- REQUIRED
at Application El Change of Ownership,13 Additional Location
JUL 2 2 2014
Account
Do you have a Department of Revenue Account Number? DYes EIN'o IFYes, Account #-
IndicateOrganization.
* I
2. Indicate Type of Organization. If you are not an individual you must have a FEIN number.
ca te Type 0
'j Individual
due' E, Limited Liability
0 Individual El Limited Liability Company (LLC) El CorporationPS'Corp. El Government
El General Partnership EEI Limited Liability Partnership (LLP) El Association OJointVenture
Limited Partnership El U - mited Liability limited Pa nership �LLLP) El Estate/Trust El Non-profit (charitable)
ob Ia. Taxpayer Name (Owner, Partners or Corporate Name) (Last, First, Middle)
11b. Proof of Identification (Requirements -see page 2)
Tia am I ing Bust s f applicable, ........ ......
2. Trade Name/Doing Business As (If applicable, and for informational purposes only)
d) 2c. Social Security Number
3a. Principal Address (A Colorado address is required if a location in the state) City
State ZIP Code
v
3b. County 3c. If business is within limits of a city, what city? 3d. Telephone
J t.
4a. Name (Last, First, RENT)-
4b. Telephone
4c. Mailing Address
City
State
ZIP Code
2
5. List specific products (you must list the products you sell) and/or services you provide and EXPLAIN' IN DETAIL (See page 2, section 85 for additional space)
Do you sell motor vehicle tires? Ej Yes El No Is your business in a special taxing district? El Yes El No
Do you rent out items for 30 days or less? El Yes Ej No
Do you sell alcohol? 0 Yes El No Do you rent motor vehicles for less than 45 days? El Yes El No
Do you sell Prepaid Wireless? El Yes E]No
Do you sell tobacco products? 1:1 Yes E]No
6a. Owner/Partner/Corip. Officer (Last, First, Middle)
6b. TRIP,.,
6c. FEIN
6QQKI
City
6e. Telephone
State ZIP Code
6f. Address (Residence, P.O. Box, or Street)
7a. OwnerfflartnedCorp. Officer (Last, Firs[, Middle)
7b. Title
7c. FEIN
7d. SSN
7e. Telephone
7f. Address (Residence, P.O. Box, or Street) City
State ZIP Code
Sa. Prior Taxpayer Name
Date ofAcQuisition---
8c. Address City, State ZIP CodeMo
-
Mo
(0020- State Sales Tax
Seasonal, mark El Jan. El Mar. El May El July El Sept. MEI o .
IDApril 10 1
8JO) Deposit (355) $
1
;h business month El Feb. June El Aug. 0 Oct. EJ Dec.
12a. Filing Frequency: If sales tax collected is: 1 2b. First Day of Sales (Mo/DayNr) MO 12 (0080- Sales Tax
1
0 $15.00/month or less -Annually Yr
Yr 750) License (999)
0 Under $300/month-Quarterly i Revenue Renig Mo mo '/ (0100-
,Q $300/month or more -Monthly Yr
Wholesale
12Y, 750) License (999)
El Wholesale only -Annually Mo Mo (1000- - Wage W2
3. Indicate which applies to you: El Retail -Sales 1:1 Wholesaler El Charitable El Retailers -Use Yr
750) Withholding (999)
2. W2
Yr
- 0.00
$
1. Filing Frequency: If wage withholding amount is W2 Mo (1020- 1099
E]Wthholding
El $1-$6,999fYear-Quarterly El $50,000+N 1099 r ear -Weekly
El
Yr
% 750) Withholding (999) 0.00
$7,000-$49,999Near-Monthly Must file by Electronic Funds Transfer (EFT) ❑
El Withholding Mo ,, ( Charitable
0160-
2, Filing Frequency: If withholding amount is 1099
Yr �VYJ
2. Oil/Gas %
750) License (999)
El $1-$6,999/Year-Quarterly El $50,000+Near-Weekly El Withholding
El
TOTAL
$7,000-$49,999/Year-Month/ y Must file by Electronic Funds Transfer (EFT) MAKE CHECKS
PAYABLE TO: $ .00
3a. First Day of Payroll, if applicable (Mo/DayNr) 3b. Payroll Records Telephone ji Colorado Department of Revenue, 1375 Sherman St., Denver, CO 80261-0009
declare Linder penalty, of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge.
SIGNATURE of Owner;Pai[nerorCorpor I Officer
.
Title
Dae
I uorninue on revrnse stae or rnis page: bee page z ror Heturn check Policy)
RECEPTION#: 2009002887, 04/02/2009 at 04:18:27 PM, 1 OF 10, R $51.00,
Additional Names Fee: , , Doc Code:CONSENT, Sara L. Rosene, Grand
County Clerk and Recorder, Colorado
CONSENT AND SUBORDINATION
RECEPTION#: 2009002887, 04/02/2009 at 04:18:27 PM, 2 OF 10 Doc Code:CONSENT,
Sara L. Rosene, Grand County Clerk and Recorder, Colorado
RECEPTION#: 2009002887, 04/02/2009 at 04:18:27 PM, 3 OF 10 Doc Code:CONSENT,
Sara L. Rosene, Grand County Clerk and Recorder, Colorado
RECEPTION#: 2009002887, 04/02/2009 at 04:18:27 PM, 4 OF 10 Doc Code:CONSENT,
Sara L. Rosene, Grand County Clerk and Recorder, Colorado
LEGAL DESCRIPTION FOR
ACCESS AND UTILITY EASEMENT
SHEET 1 OF 7
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE .EAST HALF OF SECTION, 29, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF
THE 6TH PRINCIPAL MERIDIAN, `TOWN OF FRASER, COUNTY OF GRAND, .STATE OF COLORADO, .BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 28, TOWNSHIP 1 SOUTH, .RANGE 75 WEST OF :THE .6TH PRINCIPAL MERIDIAN, AND CONSIDERING THE
EAST LINE OF SAID NORTHWEST QUARTER OF :THE SOUTHWEST QUARTER TO BEAR SOUTH 00'04'23" WEST, WITH ..
ALL. BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 55'38'06" WEST A'DISTANCE OF 2562.28
FEET TO THE POINT OF BEGINNING;
THENCE NORTH 55°4013" WEST, A DISTANCE OF 30.00 FEET;
THENCE NORTH'34.19'47" EAST, A'DISTANCE OF 351.12 FEET;
THENCE NORTH 10°01'39" `EAST, .A DISTANCE OF 106.31 FEET;
THENCE NORTH 80'19'34" WEST, A DISTANCE OF ,155.60 FEET;
THENCE SOUTH 09'40'26" WEST, .A DISTANCE OF 24.31 FEET;
THENCE NORTH 80'24'39 WEST, A DISTANCE OF 19.05 FEET;
THENCE SOUTH 09'40'26".WEST, ADISTANCE OF 17.70 FEET;
THENCE NORTH 80'24'39" ;WEST, A DISTANCE OF 34.00' FEET;
THENCE NORTH 09'40'26" EAST, A DISTANCE OF 44;09 FEET;
THENCE NORTH 80119'34° WEST, A DISTANCE OF 95.11 FEET;
THENCE NORTH 61,48'02" WEST, 'A DISTANCE OF 135.31 FEET;
THENCE NORTH 29'37'16" WEST, A, DISTANCE OF 38.77 FEET;
THENCE NORTH 65'06'24 WEST, :A DISTANCE OF 40.84 FEET;
THENCE NORTH 24'53'36" EAST, A DISTANCE OF 29.12 FEET; '
THENCE NORTH 29'37'16" :WEST, A DISTANCE OF 149.31 FEET;
THENCE NORTH 53'00'41" WEST, A .DISTANCE OF 63.03 FEET;
THENCE NORTH 77'01'19" .WEST, 'A DISTANCE OF 106.89 FEET;
THENCE SOUTH 12'58'41" WEST, A DISTANCE OF '31.50 FEET;
THENCE NORTH 77'01'19'' WEST, A DISTANCE OF 51.00 'FEET;
THENCE NORTH 12'58'41" 'EAST,' A DISTANCE OF 31.50 'FEET;
THENCE NORTH 77'01'19" WEST; A DISTANCE OF .129.25 FEET;
THENCE NORTH 88'58'35" WEST, A -DISTANCE OF 14D.59.FEET;
TFIENCE SOUTH 01'01'25" WEST, A DISTANCE OF 27.56 .FEET;
THENCE NORTH 88'58'35 WEST, A' DISTANCE OF 47.82 FEET;
THENCE NORTH 01'01'25" EAST,.A ,DISTANCE OF 38.56 FEET;
THENCE NORTH '88°58'35" WEST, -A DISTANCE OF 27.12 FEET;
,THENCE NORTH 64°04'24" WEST, . A DISTANCE OF 175.11 FEET;
THENCE NORTH 52'49'24" :WEST, A' DISTANCE OF 194.09 FEET;
THENCE NORTH 77'19'24" WEST, A DISTANCE OF 43.28 FEET;
THENCE NORTH 34'28'52" :WEST, A DISTANCE OF 26.17 FEET;
THENCE .NORTH 12'40',36" EAST, A; DISTANCE OF 40.28 FEET;
THENCE NORTH 55.02'37" : EAST, A DISTANCE OF 41.59 :FEET TO A POINT ON A` CURVE;
THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 08'49'28",
A RADIUS OF 605.00 FEET, A CHORD THAT BEARS SOUTH 38'39'29 -EAST, AND AN ARC LENGTH OF 93.18
FEET;
THENCE NORTH 37'10136" EAST, A DISTANCE OF 8.07 FEET;
Carroll Lange OE
prolesslonal &gjneers.y land Surveyors
RECEPTION#: 2009002887, 04/02/2009 at 04:18:27 PM, 5 OF 10 Doc Code:CONSENT,
Sara L. Rosene, Grand County Clerk and Recorder, Colorado
LEGAL DESCRIPTION FOR
ACCESS AND UTILITY EASEMENT
SHEET 2 OF'7
LEGAL DESCRIPTION
THENCE SOUTH 52'49'24" EAST,
A DISTANCE OF 30.00 FEET;
THENCE SOUTH 37'10'36" WEST,
A DISTANCE OF 12.45 FEET TO A POINT ON A CURVE;
-TANGENT TO THE LEFT HAVING A CENTRAL ANGLE OF 22'47'09",
THENCE ALONG THE ARC OF A NON CURVE
A RADIUS OF 605.00 FEET, A CHORD THAT BEARS SOUTH 57'20'06" EAST, AND AN ARC LENGTH OF 240.60
FEET;
THENCE SOUTH 68°43'41" EAST,
A DISTANCE OF 74.34 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE 'ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 09151'44", A RADIUS OF
180.00 FEET, A CHORD THAT BEARS SOUTH 73'39'33' EAST, .AND AN ARC LENGTH OF 30.98 FEET;
THENCE SOUTH 88'58'35 EAST,
;A DISTANCE OF 167.01 FEET;
THENCE SOUTH 77'0119" EAST,,A
DISTANCE OF 133,54 FEET;
THENCE NORTH 12'.58'41" EAST,
A DISTANCE OF 159,50 FEET;
THENCE NORTH 77°01'19' .WEST,
A DISTANCE OF 97.20 FEET;
THENCE NORTH 88'37'24" WEST,
A DISTANCE OF 297.88 FEET;
THENCE NORTH 56'50'48" .WEST,
A DISTANCE OF 363.66 FEET;
THENCE NORTH 60'3446' WEST,
A DISTANCE OF285-92 FEET;
THENCE NORTH 31'35'10" WEST,
A DISTANCE OF 61.89 FEET;
THENCE SOUTH 60°34'46" EAST,
A DISTANCE OF 341.03 FEET;
THENCE SOUTH :56'50'48" EAST,
A DISTANCE OF 356,10 FEET;
THENCE SOUTH 88'37'24" EAST,
A ;DISTANCE OF 292.39 FEET;
THENCE SOUTH 77'01'19" EAST,
A DISTANCE OF 100.24 FEET;
THENCE NORTH 12'58'41" EAST,
A DISTANCE OF 85.95 FEET;
THENCE NORTH 57'58'41" EAST,;A
DISTANCE OF 48.14 FEET;
THENCE SOUTH 32'01'19" EAST,
A' DISTANCE OF 41,02 FEET;
THENCE SOUTH 57'58'41" WEST,
A DISTANCE OF 31.18 FEET;
THENCE SOUTH 12'58'41" WEST,
A :DISTANCE OF 226.94 FEET;
THENCE SOUTH 77'01'19" EAST,
A DISTANCE OF 10.00 FEET;
THENCE SOUTH 12'58'41" WEST,
A DISTANCE OF 31.50 FEET;
THENCE SOUTH 77'01'19" EAST,
A DISTANCE OF 115.25 FEET;
THENCE SOUTH 54'31'19" EAST,
A DISTANCE OF 54,78 FEET;
THENCE NORTH 44'39'32" EAST,
A DISTANCE OF 40.23 FEET;
THENCE SOUTH 45'20'28" EAST,
THENCE SOUTH 40°49'41" WEST,
A DISTANCE OF 50,54 FEET;
A DISTANCE OF 42.16 FEET TO A POINT ON A CURVE;
THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 14'06'38",
A RADIUS OF 220,00 FEET, A CHORD THAT BEARS SOUTH 30'32'55" EAST, AND AN ARC LENGTH OF 54.18
FEET;
THENCE SOUTH 23'29'36" EAST,
A' DISTANCE OF ,42,32 FEET;
THENCE SOUTH 29'37'16" EAST,
A DISTANCE OF 99.18 FEET;
THENCE SOUTH 39118'02" EAST,
A DISTANCE OF 14.03 FEET;
THENCE SOUTH 61'48'02" :EAST,
A DISTANCE OF 31.76 FEET;
THENCE NORTH 28'11'58" EAST,
A'DISTANCE OF 26,00 FEET;
THENCE SOUTH 61°48'02",EAST,
A DISTANCE OF 51.00 FEET;
THENCE SOUTH 28'11'58" WEST,
A DISTANCE OF 26.00 FEET;
THENCE SOUTH 61'48'02" EAST,
A DISTANCE OF 27,89 FEET;
THENCE SOUTH 8019'34 EAST,
A DISTANCE OF 94.93 FEET;
THENCE NORTH 18'09'24' EAST,
A DISTANCE OF 42.30 FEET;
THENCE SOUTH 70'17'21" EAST,
A DISTANCE OF 57.42 FEET;
THENCE SOUTH 19142'39" WEST,
A DISTANCE OF 32.32 FEET;
THENCE SOUTH 80'19'34" EAST,
A DISTANCE OF 178.09 FEET;
Carroll � Langea
Proft. onai En0lnaors &land 6urvayors
s soon, Union 111 758
1658..111 Union
80220
.tin do 60220
(303)980-0200
- -
P;\4400\E%HIBITS\LEGAL\1400-A,U.d"q, PREPARED 2-20-08, REV. 6-17-00
RECEPTION#: 2009002887, 04/02/2009 at 04:18:27 PM, 6 OF 10 Doc Code:CONSENT,
Sara L. Rosene, Grand County Clerk and Recorder, Colorado
LEGAL; DESCRIPTION FOR
;ACCESS AND UTILITY EASEMENT
SHEET 3 OF 7
LEGAL DESCRIPTION
THENCE SOUTH 10101'39" WEST, A DISTANCE OF 157.96 FEET; .
THENCE SOUTH 34°19'47° WEST, .A .DISTANCE OF 85.03 FEET;
THENCE SOUTH .55130'39" EAST, A DISTANCE OF 25.60 FEET;
THENCE SOUTH 34°19'47" WEST, A DISTANCE OF 40.00 FEET;
THENCE NORTH 55'30'39" WEST, A DISTANCE OF 25,63 FEET;
THENCE SOUTH -34°19'22" WEST, A DISTANCE OF 232,55 FEET TO THE POINT OF BEGINNING.
CONTAINING 143;838 SQ. FT, OR 3.30 ACRES, MORE OR LESS.
I, THOMAS D. STAAB, A SURVEYOR LICENSED: IN. THE STATE OF COLORADO,
DO HEREBY.CERTIFY THAT THE ABOVE LEG RIP.TION WAS PREPARED
BY ME OR UNDER MY DIRECT SUPERVISI NG•1•
D, sj•'°9�
��'�,Q�RS
's 2596.
THOMAS 0. STAAB, P.L-S, 25
FOR AND ON BEHALF OF CA ROLL
DATE
Carroll l a�ige
Pmfess10na1 En9Incurs 6 Land S.mFfs
tr S"' un S0i10156
Lakakaw00d, CUlafad. d" 8a 00220
(303)900-0200
_ P;\4400\E101161T5\LEGAL\4400-A,U.d"g, PREPARED 2-20-00, REV. .6-17-06
RECEPTION#: 2009002887, 04/02/2009 at 04:18:27 PM, 7 OF 10 Doc Code:CONSENT,
Sara L. Rosene, Grand County Clerk and Recorder, Colorado
RECEPTION#: 2009002887, 04/02/2009 at 04:18:27 PM, 8 OF 10 Doc Code:CONSENT,
Sara L. Rosene, Grand County Clerk and Recorder, Colorado
EXHIBIT
w
SHEET 5 OF 7
W
S801
CW 1/16 COR., -SEC. 28
CAO
17
X
4„
2-1/2" BRASS
. 8.09 '
GLO 1933
W
V)
80,193 W
N
155,60'
N
W
w
W
In
tor
a o
o
V) - -
(3
V)
z
I\
S3419'47"W
65,03' SCALE: 1" _ 100' z
z
oa
S55'30'39"E N
25.60' zz
r"
o_ —
Q U
of ^ry a p•
W
OW
PARCEL CONTAINS hj �,yh y
(7w O r
143,838 SQ. FT. OR
3.30 AC, �h N55'30'39"W
m
1� 25.63'
Q 2 W N)
-
lY,
maw
UNI
\\
\ FU tis POINT OF
SRF
QLL� o
m 0:1- 0
\ \
o ,�o4ay BEGINNING
00,
Ld in
\ <o • lv
z o
\ DoT
.i cn
wm
S
li
b,,
56 "b,9,
SE 1 /4 O )
-
SEC 29
�NE
— — _ --
\ \
1/4 SE 1/4, cCOy
\ \ \ SEC 29' n
\
Z
\\.
\\\
NOTE;
Denotes Change of Direction .Onl . This exhibl
t'I o:20W'
m
\ O z 4 w
does not represent a monumented survey. It
is intended only to depict the attached legal
\ w -; Z
z
\ � )
description, \
\ \ \ O O j En )
\ \ O U to in ? o_
Carroll Lange =
Pmleesla.1 Enginwrs &land Surveyors
" 166 50010 UNan 0lv0S011" 156
\ \ \
�. \
-
.
LaOowoad, adl"2d" 6ozz6
5W SEC 28\
a6a� 6DD-DzoD
S�— W /4 \/4,
\
P:\4400\E%NI01TS\LEOPL\4400—A,U.dwg, PREPARED 2-20-08, REV. 6-17-00
RECEPTION#: 2009002887, 04/02/2009 at 04:18:27 PM, 9 OF 10 Doc Code:CONSENT,
Sara L. Rosene, Grand County Clerk and Recorder, Colorado
N57'58'41"E 532'01'19"E I
l 1 D
EXHIBIT
EXHIBT
48.14' 41.02'
N12'58'41"E
SHEET 6 OF 7
85.95'
S77p1,19„ S57'58'41"W
f
I 31.18'
10p 24,
N7T01'19°8r 3
C
r
w972o'
v
0)
CIS
SCALE: ,1 = 100'
P in
M10 577'01'19"E
r rn' 10,00'
NOTE;
Denotes Change of Direction Only. This .exhibit
WN
does not represent a monumented survey, It
W
Z S12'58'41"W
S54'31'19"E Is intended only to depict ,the attached Iegol
31.50'
54.78' description.
577.01
3811
N44'39'32"E R=220 '
115.2.51
40.23' C8=S30'32'55"E
545'20'28E
L=54.18'
50.54'
S29'37'16"E
N77'O1,
W
99.18'
106,gg S3•
a°j�ti� S39'18'02"E
O
yV 14.03'
N12 -58'41"E 512'58'41"WET"S28'li'58"W
.
561'48'02"E
31.50'31,50
N77'011 19'W
N7T01'19 W '
�U, 31,76' 26.00'
2 u 561'48'02"E
Vis,
129.25' 51,00
s? s_
i4�� N W 27.89'
kV 1'58"E
26.00' .
S61'48'02"E
-
51:00` S80'19'34'E
176.09'
N24'53'36"E
S19'42139"W
29.12'
2'
32,i;3
/ /�NIS'E 570 ?142-30' S7-5
2
N65'06'24"W S80'19'34"E
40.84'
N6 94, 93'
u7
w rnw m
zU ('z�
N29'37'16"1N
3s3�2 %Y
W
38.77'
'q- w��
w
PARCEL CONTAINS' N8p'1934 w
V
7
143,838 SQ. FT, OR 95.11
W
rEnn vi
3.30 AC. t
N
N09'40'26"E
44.09'
\
N80'24'39"W
.
\
34.00' 509'40'26"W '
\
17.70'
Nd'241'399.0
\
5W'
W
5090"2llwoll"&,Lange
P olaactanai Enp�neem b Land Survoyrots
Blvd. SbqutSB
24''31'
N801s'aa°w
,Vnlon.I.,
(e ) ootl, 02a0z " Ob228
�DBIeeD-uzaD \
155,60'
P;\AA00\EXNIBnS\
AL\4900—A,U.dug. PREPARED 2"20—OB; REV. 0-17-00 -
RECEPTION#: 2009002887, 04/02/2009 at 04:18:27 PM, 10 OF 10 Doc Code:CONSENT,
Sara L. Rosene, Grand County Clerk and Recorder, Colorado
SEE SHEET 6
EXHIBIT 57710'01'19"E:
N77'a1'is°w
I
SHEET 7 OF 7
97.20' ^ M
o of
n�
M
iao .
c4
N
ldy°o
Vo O
M n 00 1`
.
,..
03
M
m
cD
N
.-
0a
SCALE: �" to�� I. N
N ...�
Co
Z S01'01'25"W
i
27.56'
ElpTE_
A 09'51'44"
Denotes Change of Direction Only This exhibit
R=180,00
does not represent a monumented survey. It
CB=573'39'33"E
is intended only to depict the attached legal
L=30.98'
m
description.
m
tNOVOi'25"E
\
a'
rt
38.56
UJ z N z Ld N �,a
N88'58'35"W
A=2247'09"
27.12'
cw w
R=605,00
\(n \v)
CB=S57'20'06"E
z Iin
L=240.60'
ro
ov h
W .h y.
?
2�(bA�
S37'10'36'W
12.45'
/
�� ��ro•
/
I
/
S52'49'24'E
/
30.00'
/
=dry �Cb
IN3710'36"E
8.07'
/
"
e N77'19'24"W
°rye
PARCEL CONTAINS 2A� /
43.28'
143,838 SQ. FT. ORN34'28'52"W
/
3.30 AC, t'
26.17'
w /
12'40'36"E
/
a(a• N55'02'37"E / q 40.28'
o aPj
171
/ I /
elf
Carroll a Lange
ki'd
Pmlosslonai Englnuum a land 5vnayms165 Soulh Union Blvd- Sulln 155
ak wood, do 80MN31'35'10"W
/
61.69'
P;\4488\EXHI61TS�LEOAL\4460-A.U;d-q, PREPARED Z-20-08, REV. 6-17-86
RECEPTION#: 2009006045, 06/30/2009 at 02:25:04 PM, 1 OF 12, R $61.00,
Additional Names Fee: , , Doc Code:EAS, Sara L. Rosene, Grand County
Clerk and Recorder, Colorado
EASEMENT DEEP
(Water Utilities)
GRANTOR: GRAND PARK DEVELOPMENT LLC, a Colorado limited liability company.
Address: P.O. Box 30 Winter Park CO 80482
GRANTEE: TOWN OF FRASER, COLORADO, acting by and through its Board of Trustees
Address: Post Office Box 120, Fraser, Colorado 80442
For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable
consideration, in hand paid, the receipt whereof is hereby irrevocably acknowledged by
GRANTOR, GRANTOR (whether one or more persons) hereby grants, bargains, sells and
conveys to GRANTEE, its successors and assigns forever, a perpetual, non-exclusive easement
on, over, above, below and across the property described on Exhibit "A" attached hereto and
incorporated herein by this reference (the "Easement Parcel'), with all its appurtenances.
This easement is granted for the purpose of installation, maintenance and operation of
underground water lines and related facilities, and all fixtures and devices useful in the operation
of such lines and facilities. GRANTEE and its successors and assigns shall have the right to
construct, maintain, repair, replace, enlarge and operate such water lines and related facilities as
are necessary or convenient for the above-described purposes. The easement includes the right
of ingress and egress for such purposes. Nothing contained herein shall obligate the Board of
Trustees of Fraser to construct or install any such facilities or improvements.
By its acceptance of this Deed, GRANTEE, for itself and its successors and assigns, does
hereby covenant and agree with the GRANTOR, its successors and assigns, that GRANTEE will
restore the surface of the land within the Easement Parcel to substantially the same condition as
existed immediately prior to the commencement of any construction, maintenance, repair,
enlargement or other activities by the GRANTEE, its successors and assigns.
GRANTOR, for itself and its successors and assigns, does hereby covenant, grant,
bargain and agree to and with GRANTEE, its successors and assigns, that at the time of the
ensealing and delivery of this Deed, GRANTOR was well seized of the premises above
conveyed, had good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee
simple, and had good right, full power and authority to grant, bargain, sell and convey the same
in the manner and form as aforesaid, and that the same are free from all former and other grants,
bargains, sales, lien's, taxes, assessments and encumbrances of whatever kind or nature soever,
except for general real property taxes for the current year, except for those matters of record
listed on Exhibit `B" attached hereto, and except for the lien of the Deed of Trust which is being
subordinated to this instrument as provided below. The GRANTOR shall and will warrant and
forever defend the above -bargained premises in the quiet and peaceable possession of
GRANTEE, its successors and assigns, against all and every person or persons lawfully claiming
the whole or any part thereof.
Easement Deed 20090326
RECEPTION#: 2009006045, 06/30/2009 at 02:25:04 PM, 2 OF 12 Doc Code:EAS,
Sara L. Rosene, Grand County Clerk and Recorder, Colorado
SIGNED THIS J,4A. day of Q 12009.
GRANTOR:
GRAND PARK LOP T LLC, a
Colorado lim' d ' bi ' pany
BY:
C, ipscomb, President
STATE OF COLORADO )
) ss.
COUNTY OF GRAND )
The foregoing instrument was acknowledged before me this /OA day of
2009, by C. Clark Lipscomb, as President of GRAND PARK
VELOPMENT LLC, a Colorado limited liability company, the above named Grantor.
Witness my hand and official seal.
My Commission expires: 4/-//-/D
(SE
MA7KAVRAY
NORL.IC
STATRADO
My Commission C 010s 04/11/2010
-2-
Easement Deed 20090326
RECEPTION#: 2009006045, 06/30/2009 at 02:25:04 PM, 3 OF 12 Doc Code:EAS,
Sara L. Rosene, Grand County Clerk and Recorder, Colorado
The undersigned, BANK MIDWEST. N.A. ("Lienholder"), as the beneficiary of
the Deed of Trust recorded at Reception No. 2005-014723 , joins in the execution of this
instrument and hereby subordinates its Deed of Trust to the easement granted in the foregoing
Easement Deed.
SIGNED THIS S day of :Wh F 2009.
LIENHOLDER:
BANK MIDWEST, N.A.
BY: S' jj t,- I(
TIM: 1%, cg_k E.s. to SNV'
STATE OF C� )
l ) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this S y o
.'SW.t , 2009, by n4-4 �.,�.1n.o.. as --#y
fts: of
BANK MIDWEST, N.A., the above named Lienholder.
Witness my hand and official seal.
My Commission expires: q—$-zolo '-p
01%011Op,u,,
(SEAL) PQ,\rte. • • •..q NG Notaz ublic
't•I O T A q
=0A-PUBL10-:0
v� . • o
-3-
Eazement Deed 20090326
RECEPTION#: 2009006045, 06/30/2009 at 02:25:04 PM, 4 OF 12 Doo Code:EAS,
Sara L. Rosene, Grand County Clerk and Recorder, Colorado
EXHlgrr, __.
Page. J- °f .. T_Pa'
LEGAL DESCRIPTION FOR
ACCESS AND WATER LINE EASEMENT
SHEET 1 OF 7
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 29, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF
THE 6TH PRINCIPAL MERIDIAN, TOWN OF FRASER, COUNTY OF GRAND, STATE OF COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 28, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PRINCIPAL MERIDIAN, AND CONSIDERING THE
EAST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER TO BEAR SOUTH 00'04'23" WEST, WITH
ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 55'38'06" WEST A DISTANCE OF 2562.28
FEET TO THE POINT OF BEGINNING;
THENCE NORTH 55.40'13" WEST, A DISTANCE OF 30.00 FEET;
THENCE NORTH 34'19'47" EAST, A DISTANCE OF 351.12 FEET;
THENCE NORTH 10'01'39" EAST, A DISTANCE OF 106.31 FEET;
THENCE NORTH 80.19'34" WEST, A DISTANCE OF 155.60 FEET;
THENCE SOUTH 09'40'26" WEST, A DISTANCE OF 24.31 FEET;
THENCE NORTH 80'24'39" WEST, A DISTANCE OF 19.05 FEET;
THENCE SOUTH 09'40'26" WEST, A DISTANCE OF 17.70 FEET;
THENCE NORTH 80'24'39" WEST, A DISTANCE OF 34.00 FEET;
THENCE NORTH 09'40'26" EAST, A DISTANCE OF 44.09 FEET;
THENCE NORTH 80.19'34" WEST, A DISTANCE OF 95.11 FEET;
THENCE NORTH 61'48'02" WEST, A DISTANCE OF 135.31 FEET; II
THENCE NORTH 29'37'16" WEST, A DISTANCE OF 38.77 FEET;
THENCE NORTH 65.06'24" WEST, A DISTANCE OF 40.84 FEET;
THENCE NORTH 24.53'36" EAST, A DISTANCE OF 29.12 FEET;
THENCE NORTH 29'37'16" WEST, A DISTANCE OF 149.31 FEET;
THENCE NORTH 53'00'41" WEST, A DISTANCE OF 63.03 FEET;
THENCE NORTH 77'01'19" WEST, A DISTANCE OF 106.89 FEET;
THENCE SOUTH 12'58'41" WEST, A DISTANCE OF 31.50 FEET;
THENCE NORTH 77'01'19" WEST, A DISTANCE OF 51.00 FEET;
THENCE NORTH 12'58'41" EAST, A DISTANCE OF 31.50 FEET;
THENCE NORTH 77'01'19" WEST, A DISTANCE OF 129.25 FEET;
THENCE NORTH 88'58'35" WEST, A DISTANCE OF 140.59 FEET;
THENCE SOUTH 01'01'25" WEST, A DISTANCE OF 27.56 FEET;
THENCE NORTH 88'58'35" WEST, A DISTANCE OF 47.82 FEET;
THENCE NORTH 01'01'25" EAST, A DISTANCE OF 38.56 FEET;
THENCE NORTH 88'58'35" WEST, A DISTANCE OF 27.12 FEET;
THENCE NORTH 64'04'24" WEST, A DISTANCE OF 175.11 FEET;
THENCE NORTH 52'49'24" WEST, A DISTANCE OF 194.09 FEET;
THENCE NORTH 77'19'24" WEST, A DISTANCE OF 43.28 FEET;
THENCE NORTH 34'28'52" WEST, A DISTANCE OF 26.17 FEET;
THENCE NORTH 12'40'36" EAST, A DISTANCE OF 40.28 FEET;
THENCE NORTH 55.02'37" EAST, A DISTANCE OF 41.59 FEET TO A POINT ON A CURVE;
THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 08,49'28",
A RADIUS OF 605,00 FEET, A CHORD THAT BEARS SOUTH 38'39'29"EAST, AND AN ARC LENGTH OF 93.18
FEET;
THENCE NORTH 37'10'36" EAST, A DISTANCE OF 8.07 FEET;
Carroll s1. Lange N
PMeuJoW En In6en 1-. w�ym
166800d,Co oBBIW. BOM116e
t303, 80 02 0 e6zze
�aoa� oeo-o2Bo
Pr\4100\E)NIBIIS\LEGAL\4100-A.U.J"q. PREPARED 2-26-08. REV. 6-17-08
RECEPTION#: 2009006045, 06/30/2009 at 02:25:04 PM, 5 OF 12 Doc Code:EAS,
Sara L. Rosene, Grand County Clerk and Recorder, Colorado
FXHIBF7A_
Page._a_91_7__r ag,
LEGAL DESCRIPTION FOR
ACCESS AND WATER LINE EASEMENT
SHEET 2 OF 7
LEGAL DESCRIPTION
THENCE SOUTH 52'49'24" EAST, A DISTANCE OF 30.00 FEET;
THENCE SOUTH 37'10'36" WEST, A DISTANCE OF 12,45 FEET TO A POINT ON 'A CURVE;
THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 22'47'09",
A RADIUS OF 605.00 FEET, A CHORD THAT BEARS SOUTH 57'20'06' EAST, AND AN ARC LENGTH OF 240.60
FEET;
THENCE SOUTH 68'43'41" EAST, A DISTANCE OF 74.34 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 09'51'44", A RADIUS OF
180.00 FEET, A CHORD THAT BEARS SOUTH 73'39'33" EAST, AND AN ARC LENGTH OF 30.98 FEET;
THENCE SOUTH 88'58'35" EAST, A DISTANCE OF 167.01 FEET;
THENCE SOUTH 77'01'19" EAST, A DISTANCE OF 133.54 FEET;
THENCE NORTH 12'58'41" EAST, A DISTANCE OF 275.45 FEET;
THENCE NORTH 57'58'41" EAST, A DISTANCE OF 48.14 FEET:
THENCE SOUTH 32'01'19" EAST, A DISTANCE OF 41.02 FEET;
THENCE SOUTH 57'58'41" WEST, A DISTANCE OF 31.18 FEET;
THENCE SOUTH 12'58'41" WEST, A DISTANCE OF 226.94 FEET;
THENCE SOUTH 77'01'19" EAST, A DISTANCE OF 10.00 FEET;
THENCE SOUTH 12'58'41" WEST, A DISTANCE OF 31.50 FEET;
THENCE SOUTH 77'01'19" EAST, A DISTANCE OF 115.25 FEET;
THENCE SOUTH 54'31'19" EAST, A DISTANCE OF 54.78 FEET;
THENCE NORTH 44'39'32" EAST, A DISTANCE OF 40.23 FEET;
THENCE SOUTH 45'20'28" EAST, A DISTANCE OF 50.54 FEET;
THENCE SOUTH 40'49'41" WEST, A DISTANCE OF 42.16 FEET TO A POINT ON A CURVE;
THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 14'06'38",
A RADIUS OF 220,00 FEET, A CHORD THAT BEARS SOUTH 30'32'55" EAST, AND AN ARC LENGTH OF 54.18
FEET;
THENCE SOUTH 23'29'36" EAST, A DISTANCE OF 42.32 FEET;
THENCE SOUTH 29'37'16" EAST, A DISTANCE OF 99.18 FEET;
THENCE SOUTH 39'18'02" EAST, A DISTANCE OF 14.03 FEET;
THENCE SOUTH 61'48'02" EAST, A DISTANCE OF 31.76 FEET;
THENCE NORTH 28'11'58" EAST, A DISTANCE OF 26.00 FEET;
THENCE SOUTH 61'48'02" EAST, A DISTANCE OF 51.00 FEET;
THENCE SOUTH 28'11'58" WEST, A DISTANCE OF 26.00 FEET;
THENCE SOUTH 61'48'02" EAST, A DISTANCE OF 27.89 FEET;
THENCE SOUTH 80'19'34" EAST, A DISTANCE OF 94.93 FEET;
THENCE NORTH 18'09'24" EAST, A DISTANCE OF 42.30 FEET;
THENCE SOUTH 70'17'21" EAST, A DISTANCE OF 57.42 FEET;
THENCE SOUTH 19'42'39" WEST, A DISTANCE OF 32.32 FEET;
THENCE SOUTH 80'19'34" EAST, A DISTANCE OF 178.09 FEET;
or'N Carroll & Lange
P161sWonil E�mlmm 8 Wq 9umlma
L swooad Oobndo 89x228 I.
(303) 980-0208
P.\4400\EMB17S\LEGA1\4400-A,U d"q. PREPMED 2-28-08, REV 6-17-081
RECEPTION#: 2009006045, 06/30/2009 at 02:25:04 PM, 6 OF 12 Doc Code:EAS,
Sara L. Rosene, Grand County Clerk and Recorder, Colorado
EXHIB(fi'.-&--.
Page _ of .7._ pagw..
LEGAL DESCRIPTION FOR
ACCESS AND WATER LINE EASEMENT
SHEET 3 OF 7
LEGAL DESCRIPTION
THENCE SOUTH 10'01'39- WEST, A DISTANCE OF 157.96 FEET;
THENCE SOUTH 34119'47" WEST, A DISTANCE OF 65.03 FEET;
THENCE SOUTH 55'30'39" EAST, A DISTANCE OF 25.60 FEET;
THENCE SOUTH 34119'47" WEST, A DISTANCE OF 40,00 FEET;
THENCE NORTH 55130'39' WEST, A DISTANCE OF 25.63 FEET;
THENCE SOUTH 34119'22" WEST, A DISTANCE OF 232,55 FEET TO THE POINT OF BEGINNING.
CONTAINING 111,622 SO. FT. OR 2.57 ACRES, MORE OR LESS.
1, WILLIAM F. HESSELSACH, JR, A SURVEYOR LICENSED IN THE STATE OF COLORADO,
DO HERESY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED
BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING,
4 �`\\\\\URIIIInIIfyNpj/
c •''F,NESSF!'ti�cr'a
WILLIAM F. HESSELBA JR, P.L.S. 253696 p'
FOR ON BEH OF RROLL S.
LANGE, 1 �t:•�r'
Garroll&Langesv
e
Ow) enanmo
PrN400\EMH1S\,EeAI\44W-A•U ay. PREPAUG tae -o0. REV 6-17-ee
RECEPTION#: 2009006045, 06/30/2009 at 02:25:04 PM, 7 OF 12 Doc Code:EAS,
Sara L. Rosene, Grand County Clerk and Recorder, Colorado
EXHIBIT-A----
page-1--of
xHIBIT- l._._Page1._of 7
LEGAL DESCRIPTION FOR
ACCESS AND WATER LINE EASEMENT
KEY MAP
COZENS SHEET 4 OF 7 N
MEADOW
6
\\\ SCALE: 1" = 500'
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P:\44D0\EM1(RT5\LEGAL\4400-A,U d,q. PREPARED 2-20-00, REV 6 -1] -OB
RECEPTION#: 2009006045, 06/30/2009 at 02:25:04 PM, 8 OF 12 Doc Code:EAS,
Sara L. Rosene, Grand County Clerk and Recorder, Colorado
EXHIBIT. A ....
Page;2 oL -7 :,ar,•,,
EXHIBIT
SHEET 5 OF 7
SHEET
S80-19"3
CW 1/16 COR., SEC. 28
178.09
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PARCEL CONTAINS
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P:\4400\E%Me1TS\LECAL\4400-A,U.dr4, PREPARED 2-28-08, REV. 6-17-08
\
RECEPTION#: 2009006045, 06/30/2009 at 02:25:04 PM, 9 OF 12 Doc Code:EAS,
Sara L. Rosene, Grand County Clerk and Recorder, Colorado
I=XHIBI"%,-,-A_
N57'58'4KE r—S32'01'19"E �"ylBIT
48.14 41.02' n
SHEET 6 OF 7
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(A10.00' Denotes Change of Oirection Only. This exhibit
yW�g,�
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N
512'58'41"W 554'31'19"E is intended only to depict the attached legal
I 31.50' 54.78' description.
S77• N44'39'32"E A=14.06'38"
0119"E
40.23' R=220.00
?15,25 CB=S30'32'55"E
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50.54'
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P:\440D\EmiBaS\LEGAL\IIW-A,08"g, PREPARED 2-28-08, REV. 6-17-08
RECEPTION#: 2009006045, 06/30/2009 at 02:25:04 PM, 10 OF 12 Doc Code:EAS,
Sara L. Rosene, Grand County Clerk and Recorder, Colorado
EXH16rr-1L__
Page
12.45' /
552'49'24"E /
30.00' /
(N37'10'36"E
8.07'
O�yrOoA AM' N77'19'24"W /
43.28'
N34'28'52"W /
26.17'
N12'40'36"E/ /
N55'02'37"E /
41 9
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(300)9°00200
/ / P:\4400\EXHIBITS\LEGAL\4400-A,U.dr9, PREPARED 2-20-08, REV. 6-17-08
SEE SHEET 6
EXHIBIT s"
)
100.24'
y.3
SHEET 7 OF 7 (
n
o rn
I
Z
I
PARCEL CONTAINS
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Ioon
MY
SCALE: 1" = 100' I
z s0101'25"w
NOTE:
G=09'51'44"
I 27,56'
Denotes Change of Direction Only, This exhibit
R=180.00
does not represent a monumented survey. It
CB=S73'39'33"E
M
is intended only to depict the attached legal
L=30.98'
002
description.
to
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rj
Z
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R=605.00
C8=S57'20'06"E r
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L=240,60'
12.45' /
552'49'24"E /
30.00' /
(N37'10'36"E
8.07'
O�yrOoA AM' N77'19'24"W /
43.28'
N34'28'52"W /
26.17'
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N55'02'37"E /
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(300)9°00200
/ / P:\4400\EXHIBITS\LEGAL\4400-A,U.dr9, PREPARED 2-20-08, REV. 6-17-08
RECEPTION#: 2009006045, 06/30/2009 at 02:25:04 PM, 11 OF 12 Doc Code:EAS,
Sara L. Rosene, Grand County Clerk and Recorder, Colorado
EXHIBIT B
Page 1 of 2 Paaes
1. Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should
the same be found to penetrate or intersect the premises hereby granted, as reserved in
United States Patent recorded August 1, 1887, in Book 4 at Page 502.
2. Right of way for ditches or canals constructed by the authority of the United States, as
reserved in United States Patent recorded August 1, 1887, in Book 4 at Page 502.
3. Any and all ditches and ditch rights, reservoir and reservoir rights, and all headgate,
flumes and laterals used in connection therewith.
4. Town of Fraser Master Pathway Plan recorded April 11, 1995, at Reception No.
95002711.
5. Augmentation Plan as evidenced by Assignment And Assumption of Augmentation Plan
recorded April 6, 1994, at Reception No. 94003905.
6. Ordinance No. 238, Town of Fraser, approving an Amended and Supplemental
Annexation Agreement recorded June 9, 1998 at Reception No. 98006150,
7. Covenants and Restrictions by and between Maryvale Village, LLC, a Colorado limited
liability company and Thomas F. Adams, Bentley Investments, Ltd., Kevin L. Ehlers,
Donald E. Mielke, E. Rick Watrous, Glenn E. Duffy, Duane A. Duffy, Briali LLC, a
Colorado limited liability company, Baljit S. Nanda and Castle Hill Corporation, a
Colorado corporation, dated August 5, 1999 and recorded August 9, 1999, at Reception
No. 99008348.
8. All matters shown on the survey by GEOSURV Job No, 99104.
9. Conveyance Agreement as evidenced by Assignment And Assumption of Conveyance
Agreement recorded April 6, 1994, at Reception No. 94003903.
10. Pre -Inclusion Agreement by Fraser Sanitation District, Maryvale Village LLC, Maryvale
Commercial Metropolitan District and Maryvale Residential Metropolitan District
recorded May 18, 2000, at Reception No. 2000-004521 as amended by instruments
recorded April 22, 2002, at Reception No. 2002-004114, April 22, 2002, at Reception
No. 2002-004115, June 21, 2002, at Reception No. 2002-006301 and April 8, 2005, at
Reception No. 2005-003571.
11. Amended and Restated Annexation Agreement for the Rendezvous Property recorded
December 30, 2003 at Reception No. 2003-016733 and First Amendment recorded
November 8, 2005, at Reception No. 2005-012708.
12, Rendezvous Planned Development District Plan recorded December 30, 2003 at
Reception No. 2003-016735.
13. Covenants and Restrictions (Golfing Rights Covenant) recorded May 28, 2004 at
Reception No. 2004-006315.
14. Continuing Covenants Agreement as evidenced by Memorandum of Agreement recorded
May 4, 2004 at Reception No. 2004-005237 and as amended by Addendum recorded
June 4, 2007, at Reception No, 2007005923.
15. Notice(s) of Contract for Deed recorded August 5, 2004 at Reception No. 2004-009275
and August 25, 2004 at Reception No. 2004-010017.
16. Grand Park Planned Development District Plan recorded November 8, 2005, at
Reception No. 2005-012709.
17. Deed of Trust from Grand Park Development, LLC and Grand Park Homes, LLC to the
Public Trustee of Grand County for the use of Bank of Midwest, N.A., to secure
RECEPTION#: 2009006045, 06/30/2009 at 02:25:04 PM, 12 OF 12 Doc Code:EAS,
Sara L. Rosene, Grand County Clerk and Recorder, Colorado
EXHIBIT B
Pave 2 of 2 Pages
$12,000,000,00, dated December 28, 2005, and recorded December 30, 2005, at
Reception No. 2005-014723,
NOTE: Assignment of Rents recorded December 30, 2005, at Reception No. 2005-
014724, given in connection with the above Deed of Trust.
NOTE: Assignment of Entitlement Documents and Contracts recorded December 30,
2005, at Reception No. 2005-014725.
NOTE: Disburser's Notice by Bank Midwest, N.A., recorded December 30, 2005, at
Reception No. 2005-014726,
NOTE: Security interest under the Uniform Commercial Code affecting subject property,
notice of which is given by Financing Statement, from Grand Park Development, LLC
and Grand Park Homes, LLC, to Bank Midwest, N.A., secured party, recorded December
30, 2005, at Reception No. 2005-014727.
NOTE: Modification and Correction of Deed of Trust recorded December 22, 2006, at
Reception No, 2006-013735, given in connection with the above Deed of Trust.
NOTE: Modification recorded April 29, 2009, at Reception No, 2009003802,
18, Improvement Agreement between the Town of Fraser and Grand Park Development LLC
recorded February 26, 2009, at Reception No. 2009001742.
19. Declaration of Relocatable Snow Storage Easement recorded February 26, 2009, at
Reception No. 2009001743.
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MEMORANDUM
DATE: September 10, 2014
TO: Town of Fraser attn.: Catherine Trotter
FROM: Clark Lipscomb
RE: Willows Subdivision Response to September 4 Board of Trustees Meeting
Questions & August 25 Engineering Comments
This is to respond to the questions asked at the Town of Fraser August 4 public meeting
July 23, 2014 thru
August 25, 2014.
Public Meeting Questions
The following clarifications are provided in response to the questions raised at the September
4 public meeting by the Board of Trustees.
th
1. Dedicate Trails
The Willows Subdivision complies with the Town Code necessary requirement for public
by incorporation of a sidewalk on one side of the local street into the
dedication of trails
neighborhood plan. Currently, Grand Park provides and maintains a variety of local,
regional and recreational trails.
2. Dedicate Open Space
The subdivision meets the open space requirement - planned in such a way as to be
The Willows open
contiguous to Planning Area 23 which is designated Open Space.
space will be deeded to that property. This approach was planned and approved in the
Grand Park Planned Development District; and has been previously implemented in the
Cozens Meadow Subdivision and the Village allowing for a major open space to be
expanded and become more meaningful over time.
3.
In a 100-year flood event over flowing curbs (mount
within the code.
comments and is provided in the engineering response Item 9 of this memo.
4. Identify the time of 2 access relating to phasing.
nd
The provision of the second access to the subdivision on Old Victory Road will be
documented in the SIA and provided at the time of completion of the 4 filing.
th
Temporary turn arounds have been added to the plan and provided as agreed and
directed by staff to meet the Town code requirements for each filing.
2
Resolution Items
The following are responses to the Resolution list provided the September 4 public meeting
th
identifying the status and consent to each item.
Payment of all applicable fees
1.
Understood fees are paid current, any additional fees required during the
development process will be paid when due.
Submit for review and approval any and all required off-site easements ((utility,
2.
temporary turn-around, snow storage).
Submitted September 11, 2014.
Clarify language on all plats relating to existing and proposed easements-
3.
including those to be vacated)
Submitted September 11, 2014.
Submit for review and approval a Subdivision Improvement Agreement (SIA) prior to
4.
recordation of each final plat.
Understood will be provided prior to recordation for each filing.
The SIA, required improvements and collateral associated with those
5.
improvements shall be subject to Town Engineer and . The
schedule for completion of said improvements shall be within one year of execution
of the SIA.
Understood will be provided prior to each filing.
6. Any final plat not executed and recorded within five years of approval of
September 3, 2014 shall expire unless an extension is approved by the Board of
Trustees.
Understood.
Provide an updated title commitment prior to recordation of each final plat (with
7.
matching legal descriptions).
Understood.
Provide a tabulation of the water and sewer mains and service lines to be
8.
removed and/or abandoned (specify water and/or sewer service lines and
lot number).
Submitted September 11, 2014.
Provide 911 Mylar and electronic copy of each final plat in accordance with the
9.
Subdivision Regulations.
The draft 911 maps were provided to the Town as requested by staff on 9/9/14. We are
awaiting addresses which are to be provided by the Town in order to finalize the Mylar.
P.O. Box 30 Phone: 970-726-8600
Winter Park, CO 80482 Fax: 970-726-8833
3
Address outstanding engineering issues documented in the JRS memo dated
10.
August 25, 2014. All revised engineering documents are subject to review and
approval by the Town Engineer.
Provided Below.
Town Comment Responses
All documents received between July 23 and August 25th were reviewed - the following
rd
comments are offered:
Final Plat -Filings 1, 2, 3 & 4:
1. The
following documents were submitted September 11, 2014
b. Off-site easement for the temporary turn-around.
c. Off-site water and sanitary sewer service line utility easements.
d. Off-site public water line utility easement.
e. Utility easement vacation application.
Construction Plan Set:
2. Sheet 2. :
The following Sanitary Sewer Notes have not been updated
a. Note 2. PVC pipe shall be SDR 26, not SDR 35.
b. Note 3. Note revised.
c. Note 14. Note revised.
3.Sheets 13 & 14. to include "Wye fittings shall be installed for all service
Note clarified
connections in accordance with Section 14-4-320 -Sanitary Sewer Services, per Fraser's
Code/Standards."
4.Sheet 20. .
Details for handrails and a trash rack have been added to the plans
5.Sheet 24. The proposed section included a 6-inch mountable curb not a -inch vertical
-foot valley pan required by Fraser's StandardsThe curb design is
.
standards.
A variance
The street section detail clarifies
was approved at the September 3 2014 public meeting.
6.Construction details of the following swales weren't found in the plan set.
Swale section from triple 18-inch RCPs under Mountain Willow Dr. to Pond #1.
Section A-A was shown in the upper right corner of the STM-3 Profile on sheet 21.
This has
now been relabeled as Section B-B, has been relocated out of the profile grid on sheet 21
and is also shown on sheet 16.
Swale typical section from Pond #1 to Pond #2.
Section is labeled as A-A2 and is shown on sheet 16.
Swale typical section from Pond #2 to the confluence with the swale from Coyote
Willow Ct.
Section is labeled as A-A3 and is shown on sheet 16.
P.O. Box 30 Phone: 970-726-8600
Winter Park, CO 80482 Fax: 970-726-8833
4
Swale typical section and plan, with contours, from the Coyote Willow Ct to the
wetland mitigation/detention pond.
The grading for the drainage channel from Coyote Willow Court to the wetland
mitigation/detention pond Cell A has been added to the plans. A typical section listed
as section D-D has been included on sheet 16.
Phase III Drainage Report:
7.Clarify the last paragraph of Section I General Location and Description. Following
clarification, modify the report text and calculations accordingly.
This comment actually refers to the last paragraph of Section 2 Drainage Basins and Sub-
Basins.
The report text and calculations related to the size and characteristics for Basins L
and M have been revised including the detention requirements within the wetland
The existing topo was reviewed and only a
mitigation/detention pond Cells A, B and C.
small area of basin L (Lots 20-22) actually misses flowing into the proposed drainage
swale on the west side of Coyote Willows Court. This area has been removed from Basin L
and placed into Basin M.
8.The fourth paragraph on page 6 of the Final Drainage Report suggests that a second
proposed, then detail of that pond shall be submitted for review. If it isn't, then the
The release rates were
existing wetland mitigation/detention pond Cells A, B and C.
flows of Basins G, H, OS2 and M. (Note: The grading has been revised for Mountain Willow
Drive from the intersection with Old Victory Road (OVR) to the high point near Station
5+40 to eliminate the previously proposed storm drain system near Lots 1-4 for Design
Points 5, 6 and 7--culvert, inlets, storm pipe and short drainage swale. The area for the
short drainage swale has been filled in and is sloped from OVR down to Mountain Willow
Drive. Since Basin OS3 now discharges into Mountain Willow Drive, the Basin has been
eliminated and the area has been included into Basin OS2.
9.-year flow request for clarification.
The Urban Drainage Street and Inlet Hydraulics v3.14 spreadsheets that were utilized to
determine the maximum street flow capacities at specific design points do not determine
the actual depth of the runoff at the flowline, the same spreadsheet was utilized to
determine the depth at the flowline by manually inputting the water depth in the cells for
ese
sheets are included in the appendix of the drainage report.
At Design Point 3, the minor and major storm event flow rates are 2.47 cfs and 6.60 cfs
respectively. The depth at the flowline is 3.785.01
At Design Point 4, the street capacity was revised to account for 0.64% street slope
instead of the 0.98% originally utilized. The minor and major storm event flow rates for the
western curb are 3.08 cfs and 8.10 cfs respectively. The depth at the flowline is 4.15
P.O. Box 30 Phone: 970-726-8600
Winter Park, CO 80482 Fax: 970-726-8833
5
5.53eastern curb are
4.28 cfs and 10.37 cfs respectively. The depth at the flowline is 4.56and 6.01
respectively.
Technically the maximum flow rate for a local street is to be confined to the ROW width or
whichever is less. With the latter flowline depth just a fraction over
curb, the total depth at the gutter was re-
behind the top of curb to the ROW for a total depth of
it was calculated that the gutter capacity
would be 15.85 cfs or 53% more than the current design flow rate of 10.37 cfs.
The grading of the proposed roadways has been designed with a 2% uphill slope from
the top of curb to the ROW line.
Therefore, the analysis indicates that the designed 100-
year flow rates into Coyote Willow Court will be contained completely within the ROW of
-inch graded berm behind the back of curb along the entire length of
the street.
It appears that if stormwater flows along Mountain Willow Drive and Coyote Willow Ct
could be lessened in magnitude by:
Directing stormwater flows from Basins OS1A and OS1B to Design Point 3A, through
Pond #1.
Basin OS1A is already directed to Design Point 3A to discharge into Pond #1. However,
Basin OS1B is on the downhill side of the line separating the two basins and Design Points
3 & 3B are app
Directing stormwater flows for the upper reach of Mountain Willow Drive into the same
swale at Design Point 3A.
In the future when Basin OS1A is developed, depending on number of entrances and
manner of design, some flows might be directed from Basin B into the future site.
Until
then, the system is designed with a worst case scenario for street flows by directing all of
the flows within Basin B to Coyote Willow Court.
10.Add the hydraulic calculation and details to size the swale from Coyote Willow Ct to the
wetland mitigation / detention pond.
The hydraulic calculation sheet for the proposed drainage swale from Coyote Willow
Court to the wetland mitigation/detention pond Cell A has been included in the
appendix of the drainage report
P.O. Box 30 Phone: 970-726-8600
Winter Park, CO 80482 Fax: 970-726-8833
TOWN OF FRASER
RESOLUTION NO. 2014-09-01
A RESOLUTION APPROVING THE WILLOWS - FINAL PLANNED DEVELOPMENT PLAN
(FPDP) AND THE FINAL PLATS FILINGS NO. 1, 2, 3, AND 4 PLANNING AREA 2W.1 GRAND
PARK PLANNED DEVELOPMENT DISTRICT, LOCATED IN SECTION 29, TOWNSHIP 1
TH
SOUTH, RANGE 75 WEST OF THE 6 PM, TOWN OF FRASER, GRAND COUNTY,
COLORADO
WHEREAS, the Planning Commission has held several hearings on this development proposal
in accordance with the Fraser Municipal Code; and
WHEREAS, the Fraser Board of Trustees has considered the request pursuant to the terms of
the Annexation Agreement and Subdivision Code.
NOW THEREFORE BE IT RESOLVED that the Fraser Board of Trustees hereby approves The
Willows – FPDP and Final Plat Filings No. 1, 2, 3 and 4 with the following conditions:
1. Payment of all applicable fees.
2. Change street names to avoid duplication of existing and proposed street names.
3. Per the suggestion of the applicant, revise maximum building height on the FPRD to
48 feet.
4. All trails shown on the FPDP shall be public.
5. Compliance with the requirements of the Town Engineer and Town Attorney in
accordance with the provisions of the Subdivision Code and as outlined in prior
briefings.
6. This approval shall expire for any Final Plat not executed and recorded within five
years of the date of this Resolution.
APPROVED AND ADOPTED THIS 17th DAY OF September, 2014.
BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO
BY:
Mayor
ATTEST:
Town Clerk
(SEAL)
OVERALL EXHIBIT MAP
THE WILLOWS AT GRAND PARK
REMOVABLE
UTILITY & ACCESS EASEMENT
NOTE&%
1.) Basis of Bearings for this exhibit is the West Line
of the Northwest Quarter of the Southwest Quarter of
Section 28, Township 1 South, Range 75 West of the
Sixth Principal Meridian which was assumed to bear
S00'17'02"E, as monumented as shown hereon. See
recorded plats.
2.) This Exhibit Map is NOT a "LAND SURVEY PLAT" or
"IMPROVEMENT SURVEY PLAT." Its is a graphical
representation for the proposed snow storage
easement.
SEE SWEET 2
SEE SHEET 3
SEE SYEET 2
MICHAEL SEAN KERVIN, CO PLS 34592
DATE: 9-10-14
DEA PROD: GDPX000-000-001
FOR AND ON BEHALF OF
DAVID EVANS AND ASSOCIATES, INC.
DAVID EVANS AND ASSOCIATES, INC ""JCC " S"""C
GDPX00000-001 SHEET 1 OF REMOVABLE
1331 17th sweet suite 900 Fr«mAeeE. °"AVMEV UTILITY &ACCESS EXHIBIT
Denver, Color ado 810202 UTILITYFXH VAC.dwg MSK
Te1:720-946-0969 oA*n crrmrcE°ov:
pax: 72('-946-o9;3 0911012014 TGe THE WILLOWS AT
Engineers e Surveyors e Planners SCALE' P o EcrMA"ACEh: GRAND PARK
1"=200' MSK
THE WILLOWS AT GRAND PARK
REMOVABLE
UTILITY & ACCESS EASEMENT
SW COR. NW1 /4,
SW1 /4, SEC. 28
(S1/16 COR.)
FOUND 1-1/2" STEEL POST
WITH 2-1/2" GLO BRASS CAP
PROPERLY MARKED "1933"
W1/4 CORNER
T1 S, R75W,
6TH P.M., SEC. 28
N
FOUND 1-1/2" STEEL POST
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WITH 2-1/2- GLO BRASS CAP
2 bi
PROPERLY MARKED "1933"
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If 2,420 SOFT
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L=51.21'
R-282.00'
1=10'24'14"
CH=S57'37'49"E
51.14'
— REMOVABLE
UTILITY & ACCESS
EASEMENT
1.390 SOFT
MICHAEL SEAN KERVIN, CO PLS 34592
DATE: 9-10-14
DEA PROD: GDPX000-000-001
FOR AND ON BEHALF OF
DAVID EVANS AND ASSOCIATES, INC.
DAVID EVANS AND ASSOCIATES, we P °'rG " Sr'rr'"°
GDPX00000-001 SHEET 20F3 REMOVABLE
1331 nu, sweet suite 90o F-mAeer .1— UTILITY &ACCESS EXHIBIT
Denver, Color ado 810202 UTILITYFXH VAC.dwg MSK
Tel: 720-946-0969 DA-
Fax:
A* Fa ; 7120-94(H)W3 09110/2014 TGe THE WILLOWS AT
Engineers " Surveyors " Planners SCALE' 1"=100' -'o'ECT AIAGEfi- MSK GRAND PARK
/I
28
THE WILLOWS AT GRAND PARK
REMOVABLE
UTILITY & ACCESS EASEMENT Z
SW COR. N W1 /4, 1"=100'
SW1 /4, SEC. 28
(S1/16 COR.)
FOUND 1-1/2" STEEL POST
WITH 2-1/2" GILD BRASS CAP
PROPERLY MARKED "1933"
W1/4 CORNER
T1 S, R75W,
STH P.M., SEC. 28 �N
FOUND 1-1/2" STEEL POST wV
WITH 2-1/2" GILD BRASS CAP 042
PROPERLY MARKED "1933"
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L
MICHAEL SEAN KERVIN, CO PLS 34592
DATE: 9-10-14
DEA PROD: GDPX000-000-001
FOR AND ON BEHALF OF
DAVID EVANS AND ASSOCIATES, INC.
DAVID EVANS AND ASSOCIATES, INC
GDPX00000-001
SHEET 30F3
REMOVABLE
1331 nu, sweet suite 90o
F-mAeer
.1-1UTILITY
&ACCESS EXHIBIT
Denver, Color ado 110202
UTILITYFXH
VAC.dwg
MSK
Tel: 720-946-0969
DA*
crrm r°ov:
pax: 7120-94(H)W3
0911012014
TGe
THE WILLOWS AT
Engineers " Surveyors " Planners
SCALE'
P o EcrMA"ACEh:
GRAND PARK
1"=100'
MSK
September 8, 2014
Town of Fraser
153 Fraser Avenue
Fraser, CO 80442
RE: Town of Fraser Resolution No. 2014-09-01, Condition No. 7
Dear Sirs:
Condition number 7 of the above resolution is requesting a tabulation of the water and sewer service lines
to be abandoned for the Willows, Planning Area 2W.1 project. The Existing Conditions and Demolition
Plans (sheets 22 and 23 of the Final construction Plans), indicates portions or full sections of both services
and mains for the water and sanitary sewer systems that are to be removed/abandoned per City of Fraser
criteria.
Even though the vast majority of the existing water and sewer services will be utilized as is or with minor
alignment modifications for this project, there are 11 water and 12 sewer services that will not be utilized.
The following is a tabulation of those existing services that will be removed/abandoned per City of Fraser
criteria:
Street Name Lot No. # of Water # of Sanitary Location
Services Services
Mountain Willow Drive 5 1 North of Lot 5
15 1 In Lot 15
Coyote Willow Court 24 2 3 In Lot 24
24 1 North of Lot 24
30 1 In Lot 30
30 1 South of Lot 30
31 1 In Lot 31
31 2 North of Lot 31
32 2 2 In Lot 32
33 1 In Lot 33
34 1 In Lot 34
35 1 1 In Lot 35
Mountain Willow Drive 49 1 In Lot 49
52 1 In Lot 52
If you need further information or more detailing, please do not hesitate to call me at (720) 496-4130.
Sincerely,
Phelps Engineering Services, Inc.
Frank Feero, P.E.
Senior Project Engineer
PETITION FOR VACATION
TO: TOWN BOARD OF FRASER, COLORADO
The undersigned Petitioner, Grand Park Development LLC, a Colorado
limited liability company, hereby petitions the Town Board of the Town of Fraser
for vacation of the Easement Agreement recorded at Reception No. 2009002887
on April 2, 2009 and the Easement Deed (Water Utilities) recorded at Reception
No. 2009006045 dated June 30, 2009 (collectively "Easements to Vacate")
attached hereto as Exhibit A, and that the Easements to Vacate be replaced with
the Easement Agreement attached hereto as Exhibit B ("Replacement
Easement"), and the Temporary Relocatable Easement Agreement attached
hereto as Exhibit C ("Temporary Easement").
Petitioners state to the Town Board of the Town of Fraser, Colorado, as
follows:
1. As a part of the installation of water and sewer through the Willows
prior to the Willows at Grand Park subdivision the Easements to Vacate were
dedicated to the Town of Fraser aligning with a prior road design for the area.
2. Petitioners have previously submitted four Subdivision - Final Plats,
The Willows Subdivision — Filings 1 through 4 ("Willows Subdivision") to proceed
with the planned development in the Willows Subdivision and the road alignment
was slightly adjusted. While the water and sewer infrastructure previously
installed lies within the rights of way to be dedicated to Fraser by the Willows
Subdivision, the Easements to Vacate do not align with the rights of way; and
therefore need to be vacated and replaced in their entirety with the Replacement
Easement, which matches the Willows Subdivision plats and construction
documents. Additionally, there are four locations where existing infrastructure
lies outside the Replacement Easement which infrastructure will be relocated
from its current location with each Willows Subdivision plat filing as shown on the
Willows Subdivision construction documents. The Temporary Easement is
provided to cover the infrastructure located in those four locations until such time
as that infrastructure is relocated as shown on the construction drawings for the
Willows Subdivision. Upon infrastructure being relocated as designed the
portion(s) of the Temporary Easement covering the relocated infrastructure will
be vacated by the Town of Fraser.
3. The Easements to Vacate are as follows:
Exhibit A: Easements to Vacate — Easement Agreement recorded
at Reception No. 2009002887 on April 2, 2009 & Easement Deed (Water Utilties)
recorded at Reception No. 2009006045 on June 30, 2009 in the records of
Grand County, Colorado.
4. The Replacement and Temporary Easements are as follows:
Exhibit B: Replacement Easement
Exhibit C: Temporary Easement
The vacation will not leave any Town of Fraser infrastructure without the required
easements.
5. The name and address of the property owner is: Grand Park
Development, LLC, PO Box 30, Winter Park, CO 80482.
THEREFORE, Petitioner respectfully requests that the Town Board of the
Town of Fraser, Colorado, approve the vacation of the Easements to Vacate
shown as Exhibit A, and that the Easements to Vacate be replaced with the
Replacement Easement shown as Exhibit B and the Temporary Easement
shown as Exhibit C.
Petitioner:
GRAND PARK EVELOP,MENT LLC, a
Colorado lir ite liadity ompany
�' ,ff
By-
(--"lark
y:,_ . lark Lipscomb, Preside`a--.__„
EXHIBIT A
Easements to Vacate
EXHIBIT B
Replacement Easement
EXHIBIT C
Temporary Easement
EXHIBIT A
THE WILLOWS AT GRAND PARK
SNOW STORAGE EASEMENTS #1 & #2
THE WILLOWS AT
GRAND PARK
����������. , L ii,,,,��iaiiiiiiiiiiiiiiiiiiii� FILING NO. 1
L=72.71'
R=104.79'
1=39'45'16"
CH—N89'23'38"W
71.26'
L=22.86'
R=18.00'
1=72'46'48"
CH=S84'35'34"E
21.36'
MICHAEL SEAN KERVIN, CO PLS 34592
DATE: 7-23-14
DEA PROJ: GDPX000-000-001
FOR AND ON BEHALF OF
DAVID EVANS AND ASSOCIATES, INC.
L=22.66'
R=48.00'
1=27ro2'49"
CH=S34'40'46"E
22.45'
L=12.86'
R=632.00'
I=1'09'56"
CH=S21'44'20'E
12.86'
2
THE WILLOWS AT
GRAND PARK
FILING NO. 1
3
THE WILLOWS AT
GRAND PARK
FILING NO. 1
THE WILLOWS AT
GRAND PARK
FILING NO. 1
DAVID EVANS AND ASSOCIATES, INC P'o' " S"''"°
133117th St Net Suite9oo GDPX00000-001 sHEErzoFs F- r�Arnr: o"Avmr cv: SNOW STORAGE EXHIBIT
Denvei, Colo, ado 80202 Snow Storage EXH.dwg MSK
Tel: 720-946-0969 oA*n crrm r°ov:
pax; 7120-94(H)W3 07/23/2014 rGe THE WILLOWS AT
Engineers " Surveyors " Planners SCALE' P o .crMA"Ac.h: GRAND PARK
1 "=30' MSK
EXHIBIT B
THE WILLOWS AT GRAND PARK
SNOW STORAGE EASEMENT #3
7
THE WILLOWS AT
GRAND PARK
FILING N0. 1 ,
8
THE WILLOWS AT
GRAND PARK
FILING NO. 1
9
THE WILLOWS AT
GRAND PARK
FILING NO. I
10
THE WILLOWS AT
RPAA/n Pd PW
DAVID EVANS AND ASSOCIATES, INC P °"` "
GDPX00000-001 SHEET 3 OF 6
1331 17th Street Suite 900 Frzr marnc o"avmr ovr
QDenver, Colorado 80202
Tel: 720-946-0969
Fax:720-946--0973
Engineers • Surveyors • Planners
Snow Storage EXH.dwy
07/23/2014
MICHAEL SEAN KERVIN, CO PLS 34592
DATE: 7-23-14
DEA PROD: GDPXOOO-000-001
FOR AND ON BEHALF OF
DAVID EVANS AND ASSOCIATES, INC.
MSK
SNOW STORAGE EXHIBIT
TGe THE WILLOWS AT
wnsK GRAND PARK
EXHIBIT C
THE WILLOWS AT GRAND PARK
SNOW STORAGE EASEMENT #4 & #5
� N
s" N�
a.. 25 26 1"=30'
THE WILLOWS AT THE WILLOWS AT
GRAND PARK GRAND PARK
FILING NO. 2 FILING NO. 2 27
\?� THE WILLOWS AT
GRAND PARK
FILING NO. 2
Or
L=180.04'
R=70.00'
1=147'21'44"
CH=N19'04'53"W
134.36'
50.46' S74/a
N87'05'16"E
15.23'
9.71'
MICHAEL SEAN KERVIN, CO PLS 34592
DATE: 7-23-14
DEA PROJ: GDPXOOO-000-001
FOR AND ON BEHALF OF
DAVID EVANS AND ASSOCIATES, INC.
L=5.39'
R=222.00'
1=1'23'30"
CH=N23'32'55"
5.39'
L=16.79'
R=222.00'
\ 1=4'20'03"
CH=N20'41'09"W
16.79'
10.02
DAVID EVANS AND ASSOCIATES, INC "0' " S"''"°
1331 17th swF- r��rnr: o"�vmr cv:
eet suite 900 GDPX00000-001 sHEEr4 of SNOW STORAGE EXHIBIT
Denvei, Colo, ado 80202 Snow Storage EXH.dwg MSK
Tel: 720-946-0969 =77. crrm r°ov:
Fax: 7120-94(H)W3 07/23/2014 rGe THE WILLOWS AT
Engineers . Surveyors . Planners SCALE' GRAND PARK
1 "=30' MSK
mi,-n/1GL ar- NY I%GR VIIV, \.V r -LJ JRJ`JG
DATE: 7-23-14
DEA PROJ: GDPX000-000-001
FOR AND ON BEHALF OF
DAVID EVANS AND ASSOCIATES, INC.
DAVID EVANS AND ASSOCIATES, INC
P'o' no
S"''"°
1331 17th sweet suite 900
GDPX00000-001
sHEErs of
o"�vmr cv:
SNOW STORAGE EXHIBIT
F- r��rnr:
Denvei, Colo, ado 80202
Snow Storage EXH.dwg
MSK
Tel: 720-946-0969
=77.
crrm r°ov:
Fax: 7120-94(H)W3
07/23/2014
rGe
THE WILLOWS AT
Engineers . Surveyors . Planners
SCALE'
P o .crM v c.P:
GRAND PARK
1 "=30'
MSK
EXHIBIT E
THE WILLOWS AT GRAND PARK
SNOW STORAGE EASEMENT #7
N
1 "=30'
MICHAEL SEAN KERVIN, CO PLS 34592
DATE: 7-23-14
DEA PROJ: GDPXOOO-000-001
FOR AND ON BEHALF OF
DAVID EVANS AND ASSOCIATES, INC.
DAVID EVANS AND ASSOCIATES, INC P'o' " S"''"°
1331 17th swF- r��rnr: o"�vmr cv:
eet suite 900 GDPX00000-001 sHEErs of SNOW STORAGE EXHIBIT
Denvei, Colo, ado 80202 Snow Storage EXH.dwg MSK
Tel: 720-946-0969 =77. crrm r°ov:
Fax: 72n -y46 -o9;3 0712312014 rGe THE WILLOWS AT
Engineers " Surveyors " Planners SCALE' P o .crM v c.P: GRAND PARK
1 "=30' MSK
67
60 THE
WILLOWS AT
GRAND PARK
THE WILLOWS AT
FILING NO. 4
GRAND PARK
FILING NO. 4
59
THE WILLOWS AT
GRAND PARK
FILING NO. 4
U-1
cls L=13.90'
R=70.00'
1=11'22'39"
�n it;
CH=S07'12'18"W
26
13.88'
L=89.02'
R=70.00'
57 58/////�/�����������������������
,,,,, 1=72'51'37"
THE WILLOWS AT THE WILLOWS AT CH =N 34'54'50"W
83.14'
GRAND PARK GRAND PARK //////� iiiiiiiiiiiiiiiiiiiiiii
iiiiiiii
FILING N0. 4 FILING NO. 4 �
m
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L=18.62'
.,
R=472.00'
1=2'15'36"
CH=N01'09'27"W
18.62'
i j 40.44'
L=15.49'
R=9.00'
1=98'35'23"
CH=N49'16'02"E
13.65'
MICHAEL SEAN KERVIN, CO PLS 34592
DATE: 7-23-14
DEA PROJ: GDPXOOO-000-001
FOR AND ON BEHALF OF
DAVID EVANS AND ASSOCIATES, INC.
DAVID EVANS AND ASSOCIATES, INC P'o' " S"''"°
1331 17th swF- r��rnr: o"�vmr cv:
eet suite 900 GDPX00000-001 sHEErs of SNOW STORAGE EXHIBIT
Denvei, Colo, ado 80202 Snow Storage EXH.dwg MSK
Tel: 720-946-0969 =77. crrm r°ov:
Fax: 72n -y46 -o9;3 0712312014 rGe THE WILLOWS AT
Engineers " Surveyors " Planners SCALE' P o .crM v c.P: GRAND PARK
1 "=30' MSK
EXHIBIT F
THE WILLOWS AT GRAND PARK
SNOW STORAGE EASEMENT #8 & #9
A9:
MICHAEL SEAN KERVIN, CO PLS 34592
DATE: 7-23-14
DEA PROJ: ODPX000-000-001
FOR AND ON BEHALF OF
DAVID EVANS AND ASSOCIATES, INC.
DAVID EVANS AND ASSOCIATES, INC
"0' no
S"''"°
1331 17th sweet suite 900
GDPX00000-001
sHEErs of
o"�vmr cv:
SNOW STORAGE EXHIBIT
Erc. r��rnr:
Denvei, Colo, ado 80202
Snow Storage EXH.dwg
MSK
Tel: 720-946-0969
oa*n
crrm r°ov:
pax: 72o -.q46 -o9;3
0712312014
rGe
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OVERALL EXHIBIT MAP
THE WILLOWS AT GRAND PARK
UTILITY & ACCESS EASEMENT
1
I"=200'
SEE SHEET 4 �
1
11 1
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\� \\ SEE SHEET 2//,,/%
LO TE&% \
1.) Basis of Bearings for this exhibit is the West Line \�
of the Northwest Quarter of the Southwest Quarter of
Section 28, Township 1 South, Range 75 West of the
Sixth Principal Meridian which was assumed to bear
S00'17'02"E, as monumented as shown hereon. See
recorded plats. MICHAEL SEAN KERVIN, CO PLS 34592
DATE: 9-10-14
2.) This Exhibit Map is NOT a "LAND SURVEY PLAT" or DEA PROD: GDPX000-000-001
"IMPROVEMENT SURVEY PLAT." Its is a graphical FOR AND ON BEHALF OF
representation for the proposed snow storage
easement. DAVID EVANS AND ASSOCIATES, INC.
DAVID EVANS AND ASSOCIATES, INC "0' " S?''"°
1331 17th sweet suite 900 GDPX00000-001 sHeer OF UTILITY &ACCESS EXHIBIT
r=rc. —: o"—v:
Denver, Color ado 80202 UTILITY EXH.dwg MSK
Tel: 720-946-0969 oa*n crrm r°ov:
pax: 720-946-LW3 09110/2014 TGe THE WILLOWS AT
Engineers e Surveyors e Planners SCALE' GRAND PARK
1"=200' MSK
THE WILLOWS AT GRAND PARK
UTILITY & ACCESS EASEMENT
UALITY Ec ACCESS
EASEMENT
3.529 ACRES
L-340.41'
R=60.00'
1=325'03'48"
CH=S84'47'50"W
36.02' 64 65 66
63
62
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60
59
58
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L=261.21' N
R=282.00' S6 y �'
1=53'04'19"
CH=S54'54'07"E
251.97' 55
54/////"
aaaaa�
53
/
52
51
50
49
"v/ 5
- $ THE WILLOWS AT
GRAND PARK,
FILING NO. 3
MICHAEL SEAN KERVIN, CO PLS 34592
DATE: 9-10-14
DEA PROJ: GDPXOOO-000-001
FOR AND ON BEHALF OF
DAVID EVANS AND ASSOCIATES, INC.
DAVID EVANS AND ASSOCIATES, INC.
1331 17th Street Suite 900
QDenver, Colorado 80202
Tel: 720-946-0969
Fax: 720-946- L973
Engineers " Surveyors " Planners
SW COR. NW1 /4,
SW1 /4, SEC. 28
(S1/16 COR.)
FOUND 1-1/2" STEEL POST
WITH 2-1/2" GLO BRASS CAP
PROPERLY MARKED "1933"
W1/4 CORNER
T1 S, R75W,
6TH P.M., SEC. 28
�N
FOUND 1-1/2" STEEL POST
w ci
WITH 2-1/2- GLO BRASS CAP
"1933"
2 i
PROPERLY MARKED
MZ�
co
Z2y
/ 1BASIS OF
BEARING
68 L-298.57' 1329.75
69 R=518.00' S00'l7'02"E
70 1=33'01'29" W. LINE NW1
CH=N13'12'52"E SWI/4 SEC. 28
294.45'4 40.00'
S34'19'47"W
L=1.56'
R=518.001=0'
L -30A4 /% CH=10'23" '36 -i�oarn
�ia S 1.56, 1
�
CH=N36'08'17"W �''
27.01''"""iiiii IY 7p A�
28.53'
�S09'40'26"W jG•
h,
CH=N21'44'45"E
N80'24'39"W �
19.05' 210.03'/i
S09'40'26"W "
17.70•
iG
40'26•E i80n4'39"W
45.25-
L -294.56'
5,25
L-294.56'
R=318.00'
1=53'04'19"
CH=S54'54'07"E
284.14'
L=30.00' 3
R=2540.00' !Ni
1=0'40'36"O1
o�
CH=N55'O6'24"W njr)
30.00'/ CA
CURVE TABLE
CURVELENGTH I RADIUS I DELTA I CHORD CHD
C17 26.31 482.00 3'07'40" N01-35'29" 26.31
C18 32.69 19-00198-35'23 N49'16'02"E 2881
PROJ.CTNO.: Sr1:.T10.:
GDPX00000-001 SHEET 2 OF 4
Frc. NAM.: OFA VM 3V:
UTILITY EXH.dwg MSK
OA- cr Lc— DV:
09/10/2014 TGB
UTILITY & ACCESS EXHIBIT
THE WILLOWS AT
GRAND PARK
28 29
27 „
J
A..ilii... ...
26
25 ,1,
THE WILLOWS AT GRAND PARK
UTILITY & ACCESS EASEMENT Z
L=340.31' 44 45 46
R=60.00' 43 1"=100'
1=324'58'09"
CH=N23'28'32"W
36.12' 42
41 %%%%%%%%%// 51
52
49 50
ii 47 48
L=105.80' 40
R=322.00'NO
1=18'49'33"
CH=S52'47'26"W
L=176.93' 105.32'
R=268.00' ti
1=3749'31" 38
CH=N07'10'53"W
173.73' 37
30L=158.52'
36 „%!% J R=182.00'
33 W
34 35 t
31 32 0, iii% CH=N53'19'03"W
L=340.43'
R=60.00'
1=325'05'02"
CH=S63'30'49"W
36.00'
U77LITY & ACCESS
EASEMENT
S00'44'50"W
32.81'
CURVE TABLE
CURVE
LENGTH
RADIUS DELTA CHORD
CHD
C1
204.59
632.00 18°32'52" S54'51'02"E
203.70
C2
69.61
282.00 14'08'37" 571'11'46"E
69.44
C3
15.51
180.00 4'56'10" 576'07'20"E
15.50
C4
24.93
232.00 6'09'22" N22 -57'18"W
24.92
C5
99.16
232.00 24'29'19" N00'30'47"W
98.41
C6
29.85
1900. 90.00'00" N56'43'53"E
26.87
C7
94.29
418.00 12'55'26" N84'43'50"W
94.09
C8
63.61
282.00 12'55'29" S84°43'49"E
63.48
C9
26.50
318.00 4'46'32" S88'48'18"E
26.50
C10
29.85
19.00 90'00'00' S33'16'07"E
26.87
C11
116.57
282.00 23'41'04" 540'12'30"E
115.74
C12
39.01
218.00 10'15'09" N33'29'32"W
38.96
C13
27.19
19.00 81'59'46" 502'22'47"W
24.93
C14
91.25
286.00 18'16'50" S52 -31'05"W
90.86
C1526.54
19.00 80'02'17" N83°23'48"E
24.44
C16
82.50
218.00 21'41703" N6725'36"W
82.01
L33
:7712
L30
L28
413
L13
T�
24
C6
,;-L32
23
L31
L27 22
�-L2J;%
- L22 20 111111'
'I -L19
L17�19
-L16 18 Y'
-1-12
-1_10
17
I(9 >%
t94' 16 ;
15
14
153.55'
S12'58'41"W
1.00'
%11
7'01'1 9"W
N1258, LINE
35 7j, 41'E LINE LENGTF
L1 26.39
3� L2 12.47
L3 18.39
ON L4 34.23
wT L5 18.61
n L6 3.23
2 L7 30.00
,-L=86.17' L6 41.D9
R=382.00' L9 10.87
L10 28.10
31=1255'26" L11250
m CH=N84'43'50"W 112 10.00
N 85.98' L13 37.80
27.56'
S01 ro1'25'W
_-N88'58'35"W
47.82'
37.61'
N01 *01'25"E
THE WILLOWS AT
-GRAND PARK,
FILING NO. 1
MICHAEL SEAN KERVIN, CO PLS 34592
DATE: 9-10-14
DEA PROD: GDPX000-000-001
FOR AND ON BEHALF OF
DAVID EVANS AND ASSOCIATES, INC.
DAVID EVANS AND ASSOCIATES, INC
1331 17th Street Suite 900
"o'EC
GDPX00000-001
SHEET 3 OF
UTILITY &ACCESS EXHIBIT
r=rcE -:
o"Avmr cv:
Denver, Color ado 810202
UTILITY FXH.&vg
MSK
Tel: 720-946-0969
oA*n
crrm E°ov:
pax: 720-946-LW3
0911012014
TGe
THE WILLOWS AT
SCALE:
1"=100'
P o EcrMA"ACEh:
MSK
Engineers " Surveyors " Planners
GRAND PARK
THE WILLOWS AT GRAND PARK
UTILITY & ACCESS EASEMENT Z
1"=30'
7O•
12
70
/
l0 /�, 7
THE WILLOWS AT
GRAND PARK, FILING NO. 1 "` 5
/
IF
2
S57 -39-13- _W
37.07" „y1
j
6N0'J �O j /
MICHAEL SEAN KERVIN, CO PLS 34592
DATE: 9-10-14
DEA PROD: GDPX000-000-001
FOR AND ON BEHALF OF
DAVID EVANS AND ASSOCIATES, INC.
DAVID EVANS AND ASSOCIATES, INC P °"` NO. Sr"""°
GDPX00000-001 SHEET a OF UTILITY &ACCESS EXHIBIT
1331 17th sweet suite 900
F--: o"—v:
Denver, Colorado 80202 UTILITY EXH.&vg MSK
Tel: 720-946-0969 oa*n crrm r°Gv:
pax: 720-946-LW3 0911012014 TGe THE WILLOWS AT
Engineers " Surveyors " Planners SCALE' 1"=100' -'o'.CT AIAGE- MSK GRAND PARK
RELOCATABLE SNOW STORAGE
EASEMENT AGREEMENT
THIS RELOCATABLE SNOW STORAGE EASEMENT AGREEMENT (this
AgreementEffective Date
“”) is made and entered into as of _____________, 2014 (“”), by and
between GRAND PARK DEVELOPMENT LLC, a Colorado limited liability company
Grantor
(“”), and THE TOWN OF FRASER, a municipal corporation of the State of Colorado
Grantee
(“”).
RECITALS
This Agreement is made with respect to the following facts:
A.Grantor is the owner in fee simple of certain real property in Grand County,
Colorado, legally described on the attached Exhibit A as Snow Storage Easement #1 and Snow
Easement Area
Storage Easement #2 and Exhibit B as Snow Storage Easement #3 (“”).
B.The Easement Area abuts the right-of-way for a portion of Mountain Willow
Drive as shown on the The Willows at Grand Park Filing No. 1 Final Plat.
C.In connection with Grantee’s ownership and maintenance of the Mountain Willow
Drive right-of-way, and as a condition of Grantee’s approval of The Willows at Grand Park
Filing No. 1 Final Plat, Grantee requires and Grantor desires to grant an easement for snow
Permitted Use
storage for the use and benefit of Grantee (“”).
D.Because Grantor has other property that is undeveloped and adjacent to the The
Willows at Grand Park Filing No. 1 and Grantor has no specific development plans for the future
development area as of the Effective Date, Grantor and Grantee have mutually agreed to the
grant of the Relocatable Easement (defined in Recital E), upon the terms and conditions set forth
in this Agreement, subject to the requirement that Grantor will execute and deliver a permanent
Permanent Easement
easement (“”) in connection with Grantee’s granting of any subsequent
development approval or issuance of any building permit for any portion of the Easement Area
that includes all or any portion of the Relocatable Easement. The scope of the Permanent
Easement will be consistent with the scope of the Relocatable Easement. The location of the
Permanent Easement will be determined based on the actual site design for the future
development to be constructed on the Easement Area, and may be in the same location as the
Relocatable Easement or in another location within Grantor’s Property to be mutually agreed
upon by Grantor and Grantee.
E.In order to provide Grantee with rights of access to and use of the Easement Area
during the period between the Effective Date and the date on which the Permanent Easement is
Term
recorded (“”), Grantor desires to grant to Grantee a relocatable, non-exclusive easement in
Relocatable Easement
gross (“”) for the purpose of permitting Grantee to have access to the
Easement Area for the Permitted Use during the Term, subject to the terms and conditions of this
Agreement. Grantor and Grantee intend that the Relocatable Easement will automatically
terminate upon recordation of the Permanent Easement.
644190.1 MLAYER 09/11/14 2:37 PM
AGREEMENT
NOW, THEREFORE, in consideration of Ten Dollars ($10.00), the mutual covenants
contained herein and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, Grantor and Grantee agree as follows:
1.Incorporation of Recitals. The Recitals are incorporated into and made
substantive provisions of this Agreement.
2.Grant of Relocatable Easement. Grantor hereby grants the Relocatable Easement
to Grantee. The Easement is in gross, and is a non-exclusive, relocatable easement solely for the
Permitted Use, subject to the terms, conditions and limitations set forth in this Agreement.
Grantor expressly reserves the right to occupy and use the Easement Area and to grant to third
parties the right to occupy and use the Easement Area for any purpose that is reasonably
consistent with the Permitted Use.
3.Termination and Expiration. This Agreement and the Relocatable Easement will
terminate, and the Term will expire, immediately and automatically upon recordation of the
Permanent Easement. Promptly after receiving a written request therefor from Grantor, whether
after or contemporaneously with recordation of the Permanent Easement, Grantee will execute in
recordable form a written acknowledgement that the Relocatable Easement has terminated.
4.Non-Assignability. Grantee may not assign all or any part of its interest under this
Agreement to any person or entity without Grantor’s prior written consent.
5.Indemnity. To the extent permitted by law, Grantee will indemnify and hold
harmless and will require its contractors to indemnify and hold harmless, Grantor and Grantor’s
members, directors, officers, partners, managers, members, owners, employees, successors and
assigns from and against any claims, damages, liens, (including, without limitation, mechanic’s
and materialmen’s liens), losses, suits, actions, judgments, liabilities, costs and expenses
(including, without limitation, reasonable attorneys’ fees and costs) incurred by Grantor to the
extent that they are caused by the use of the Easement Area by Grantee, its contractors, or any
other parties whose use of the Easement Area is within the scope of the Permitted Use. The
obligations of this Paragraph 5 will survive any termination or expiration of the Relocatable
Easement or this Agreement.
6.Recording. Only after recordation of the The Willows at Grand Park Filing No. 1
Final Plat, this Agreement may be recorded in the real property records of Grand County,
Colorado, and upon recordation will run with title to Grantor’s Property.
7.Amendment. This Agreement will not be amended except by written instrument
executed by Grantor and Grantee (or their permitted successor or assigns).
8.Headings. The section headings and titles in this Agreement are for convenience
of reference only. Such headings and titles will not be construed as modifying, limiting or
expanding in any manner the terms and provisions of this Agreement.
2
644190.1 MLAYER 09/11/14 2:37 PM
9.Governing Law. This Agreement will be governed by and construed in
accordance with the laws of the State of Colorado.
10.No Waiver. In no event will any failure by either party to enforce any right,
covenant or restriction contained in this Agreement be deemed a waiver of the right to enforce
such a right, covenant or restriction or any other right, covenant or restriction thereafter.
11.Attorneys’ Fees. In the event of any controversy, claim or dispute between
Grantor and Grantee arising out of or relating to this Agreement or the breach or threatened or
claimed breach hereof, or the interpretation hereof, the prevailing party, whether by judgment or
out-of-court settlement, will be entitled to recover from the non-prevailing party its reasonable
expenses, attorneys’ fees and other costs incurred in connection therewith.
12.Severability. The enforceability, invalidity or illegality of any provision of this
Agreement will not render the other provisions of this Agreement unenforceable, invalid or
illegal, but rather the unenforceable, invalid or illegal provisions of this Agreement will be
deemed severed and deleted from this Agreement and this Agreement will remain in full force
and effect to the greatest extent permitted by applicable law.
13.The
undersigned, being the authorized representative of U.S. Bank, N.A., (the
“Mortgagee”) the holder of a beneficial interest in and to the Easement Parcel, under Deed of Trust
Recorded at Reception No. 2012-005143 and Reception No. 2012-005144 in the Grand County,
Colorado Real Property Records, hereby consents to this Agreement and agrees that the lien of the
said deed of trust is hereby subordinated to this Agreement
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
Effective Date.
GRANTOR
GRAND PARK DEVELOPMENT LLC, a
Colorado limited liability company
By: ______________________________________
Name :
Title:
GRANTEE
TOWN OF FRASER, a municipal corporation of
the State of Colorado
ATTEST: ________________________
By:
Name:
Title:
MORTGAGEE
U.S. BANK, N.A.
____________________________________
By:
___________________________________
Name:
____________________________________
Title:
3
644190.1 MLAYER 09/11/14 2:37 PM
STATE OF COLORADO )
)
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of
__________, 2014, by ____________, as _________________ on behalf of Grand Park
Development LLC, a Colorado limited liability company.
WITNESS my hand and official seal.
Notary Public
My Commission Expires
STATE OF COLORADO )
)
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of
______________, 2014, by Margaret Peggy Smith, as Mayor of the Town of Fraser, a municipal
corporation of the State of Colorado.
WITNESS my hand and official seal.
Notary Public
My Commission Expires
STATE OF __________ )
)ss.
COUNTY OF ________ )
The foregoing instrument was acknowledged before me this ___ day of __________, 2014 by
___________________________________, as__________________________, the authorized
representative of U.S. Bank, N.A.
WITNESS my hand and official seal.
Notary Public
My Commission Expires
4
644190.1 MLAYER 09/11/14 2:37 PM
EXHIBIT A & EXHIBIT B
Description of Easement Area
A-1
644190.1 MLAYER 09/11/14 2:37 PM
RELOCATABLE SNOW STORAGE
EASEMENT AGREEMENT
THIS RELOCATABLE SNOW STORAGE EASEMENT AGREEMENT (this
AgreementEffective Date
“”) is made and entered into as of _____________, 2014 (“”), by and
between GRAND PARK DEVELOPMENT LLC, a Colorado limited liability company
Grantor
(“”), and THE TOWN OF FRASER, a municipal corporation of the State of Colorado
Grantee
(“”).
RECITALS
This Agreement is made with respect to the following facts:
A.Grantor is the owner in fee simple of certain real property in Grand County,
Colorado, legally described on the attached Exhibit C as Snow Storage Easement #4 and Snow
Easement Area
Storage Easement #5 (“”).
B.The Easement Area abuts the right-of-way for a portion of Coyote Willow Drive
as shown on the The Willows at Grand Park Filing No. 2 Final Plat.
C.In connection with Grantee’s ownership and maintenance of the __________
right-of-way, and as a condition of Grantee’s approval of The Willows at Grand Park Filing No.
2 Final Plat, Grantee requires and Grantor desires to grant an easement for snow storage for the
Permitted Use
use and benefit of Grantee (“”).
D.Because Grantor has other property that is undeveloped and adjacent to the The
Willows at Grand Park Filing No. 2 and Grantor has no specific development plans for the future
development area as of the Effective Date, Grantor and Grantee have mutually agreed to the
grant of the Relocatable Easement (defined in Recital E), upon the terms and conditions set forth
in this Agreement, subject to the requirement that Grantor will execute and deliver a permanent
Permanent Easement
easement (“”) in connection with Grantee’s granting of any subsequent
development approval or issuance of any building permit for any portion of the Easement Area
that includes all or any portion of the Relocatable Easement. The scope of the Permanent
Easement will be consistent with the scope of the Relocatable Easement. The location of the
Permanent Easement will be determined based on the actual site design for the future
development to be constructed on the Easement Area, and may be in the same location as the
Relocatable Easement or in another location within Grantor’s Property to be mutually agreed
upon by Grantor and Grantee.
E.In order to provide Grantee with rights of access to and use of the Easement Area
during the period between the Effective Date and the date on which the Permanent Easement is
Term
recorded (“”), Grantor desires to grant to Grantee a relocatable, non-exclusive easement in
Relocatable Easement
gross (“”) for the purpose of permitting Grantee to have access to the
Easement Area for the Permitted Use during the Term, subject to the terms and conditions of this
Agreement. Grantor and Grantee intend that the Relocatable Easement will automatically
terminate upon recordation of the Permanent Easement.
644190.1 MLAYER 09/11/14 2:37 PM
AGREEMENT
NOW, THEREFORE, in consideration of Ten Dollars ($10.00), the mutual covenants
contained herein and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, Grantor and Grantee agree as follows:
1.Incorporation of Recitals. The Recitals are incorporated into and made
substantive provisions of this Agreement.
2.Grant of Relocatable Easement. Grantor hereby grants the Relocatable Easement
to Grantee. The Easement is in gross, and is a non-exclusive, relocatable easement solely for the
Permitted Use, subject to the terms, conditions and limitations set forth in this Agreement.
Grantor expressly reserves the right to occupy and use the Easement Area and to grant to third
parties the right to occupy and use the Easement Area for any purpose that is reasonably
consistent with the Permitted Use.
3.Termination and Expiration. This Agreement and the Relocatable Easement will
terminate, and the Term will expire, immediately and automatically upon recordation of the
Permanent Easement. Promptly after receiving a written request therefor from Grantor, whether
after or contemporaneously with recordation of the Permanent Easement, Grantee will execute in
recordable form a written acknowledgement that the Relocatable Easement has terminated.
4.Non-Assignability. Grantee may not assign all or any part of its interest under this
Agreement to any person or entity without Grantor’s prior written consent.
5.Indemnity. To the extent permitted by law, Grantee will indemnify and hold
harmless and will require its contractors to indemnify and hold harmless, Grantor and Grantor’s
members, directors, officers, partners, managers, members, owners, employees, successors and
assigns from and against any claims, damages, liens, (including, without limitation, mechanic’s
and materialmen’s liens), losses, suits, actions, judgments, liabilities, costs and expenses
(including, without limitation, reasonable attorneys’ fees and costs) incurred by Grantor to the
extent that they are caused by the use of the Easement Area by Grantee, its contractors, or any
other parties whose use of the Easement Area is within the scope of the Permitted Use. The
obligations of this Paragraph 5 will survive any termination or expiration of the Relocatable
Easement or this Agreement.
6.Recording. Only after recordation of the The Willows at Grand Park Filing No. 2
Final Plat, this Agreement may be recorded in the real property records of Grand County,
Colorado, and upon recordation will run with title to Grantor’s Property.
7.Amendment. This Agreement will not be amended except by written instrument
executed by Grantor and Grantee (or their permitted successor or assigns).
8.Headings. The section headings and titles in this Agreement are for convenience
of reference only. Such headings and titles will not be construed as modifying, limiting or
expanding in any manner the terms and provisions of this Agreement.
2
644190.1 MLAYER 09/11/14 2:37 PM
9.Governing Law. This Agreement will be governed by and construed in
accordance with the laws of the State of Colorado.
10.No Waiver. In no event will any failure by either party to enforce any right,
covenant or restriction contained in this Agreement be deemed a waiver of the right to enforce
such a right, covenant or restriction or any other right, covenant or restriction thereafter.
11.Attorneys’ Fees. In the event of any controversy, claim or dispute between
Grantor and Grantee arising out of or relating to this Agreement or the breach or threatened or
claimed breach hereof, or the interpretation hereof, the prevailing party, whether by judgment or
out-of-court settlement, will be entitled to recover from the non-prevailing party its reasonable
expenses, attorneys’ fees and other costs incurred in connection therewith.
12.Severability. The enforceability, invalidity or illegality of any provision of this
Agreement will not render the other provisions of this Agreement unenforceable, invalid or
illegal, but rather the unenforceable, invalid or illegal provisions of this Agreement will be
deemed severed and deleted from this Agreement and this Agreement will remain in full force
and effect to the greatest extent permitted by applicable law.
13.The
undersigned, being the authorized representative of U.S. Bank, N.A., (the
“Mortgagee”) the holder of a beneficial interest in and to the Easement Parcel, under Deed of Trust
Recorded at Reception No. 2012-005143 and Reception No. 2012-005144 in the Grand County,
Colorado Real Property Records, hereby consents to this Agreement and agrees that the lien of the
said deed of trust is hereby subordinated to this Agreement
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
Effective Date.
GRANTOR
GRAND PARK DEVELOPMENT LLC, a
Colorado limited liability company
By: ______________________________________
Name :
Title:
GRANTEE
TOWN OF FRASER, a municipal corporation of
the State of Colorado
ATTEST: ________________________
By:
Name:
Title:
MORTGAGEE
U.S. BANK, N.A.
____________________________________
By:
___________________________________
Name:
____________________________________
Title:
3
644190.1 MLAYER 09/11/14 2:37 PM
STATE OF COLORADO )
)
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of
__________, 2014, by ____________, as _________________ on behalf of Grand Park
Development LLC, a Colorado limited liability company.
WITNESS my hand and official seal.
Notary Public
My Commission Expires
STATE OF COLORADO )
)
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of
______________, 2014, by Margaret Peggy Smith, as Mayor of the Town of Fraser, a municipal
corporation of the State of Colorado.
WITNESS my hand and official seal.
Notary Public
My Commission Expires
STATE OF __________ )
)ss.
COUNTY OF ________ )
The foregoing instrument was acknowledged before me this ___ day of __________, 2014 by
___________________________________, as__________________________, the authorized
representative of U.S. Bank, N.A.
WITNESS my hand and official seal.
Notary Public
My Commission Expires
4
644190.1 MLAYER 09/11/14 2:37 PM
EXHIBIT C
Description of Easement Area
A-1
644190.1 MLAYER 09/11/14 2:37 PM
RELOCATABLE SNOW STORAGE
EASEMENT AGREEMENT
THIS RELOCATABLE SNOW STORAGE EASEMENT AGREEMENT (this
AgreementEffective Date
“”) is made and entered into as of _____________, 2014 (“”), by and
between GRAND PARK DEVELOPMENT LLC, a Colorado limited liability company
Grantor
(“”), and THE TOWN OF FRASER, a municipal corporation of the State of Colorado
Grantee
(“”).
RECITALS
This Agreement is made with respect to the following facts:
A.Grantor is the owner in fee simple of certain real property in Grand County,
Easement
Colorado, legally described on the attached Exhibit D as Snow Storage Easement #6 (“
Area
”).
B.The Easement Area abuts the right-of-way for a portion of Bluestem Willow
Drive as shown on the The Willows at Grand Park Filing No. 3 Final Plat.
C.In connection with Grantee’s ownership and maintenance of the __________
right-of-way, and as a condition of Grantee’s approval of The Willows at Grand Park Filing No.
3 Final Plat, Grantee requires and Grantor desires to grant an easement for snow storage for the
Permitted Use
use and benefit of Grantee (“”).
D.Because Grantor has other property that is undeveloped and adjacent to the The
Willows at Grand Park Filing No. 3 and Grantor has no specific development plans for the future
development area as of the Effective Date, Grantor and Grantee have mutually agreed to the
grant of the Relocatable Easement (defined in Recital E), upon the terms and conditions set forth
in this Agreement, subject to the requirement that Grantor will execute and deliver a permanent
Permanent Easement
easement (“”) in connection with Grantee’s granting of any subsequent
development approval or issuance of any building permit for any portion of the Easement Area
that includes all or any portion of the Relocatable Easement. The scope of the Permanent
Easement will be consistent with the scope of the Relocatable Easement. The location of the
Permanent Easement will be determined based on the actual site design for the future
development to be constructed on the Easement Area, and may be in the same location as the
Relocatable Easement or in another location within Grantor’s Property to be mutually agreed
upon by Grantor and Grantee.
E.In order to provide Grantee with rights of access to and use of the Easement Area
during the period between the Effective Date and the date on which the Permanent Easement is
Term
recorded (“”), Grantor desires to grant to Grantee a relocatable, non-exclusive easement in
Relocatable Easement
gross (“”) for the purpose of permitting Grantee to have access to the
Easement Area for the Permitted Use during the Term, subject to the terms and conditions of this
Agreement. Grantor and Grantee intend that the Relocatable Easement will automatically
terminate upon recordation of the Permanent Easement.
644190.1 MLAYER 09/11/14 2:37 PM
AGREEMENT
NOW, THEREFORE, in consideration of Ten Dollars ($10.00), the mutual covenants
contained herein and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, Grantor and Grantee agree as follows:
1.Incorporation of Recitals. The Recitals are incorporated into and made
substantive provisions of this Agreement.
2.Grant of Relocatable Easement. Grantor hereby grants the Relocatable Easement
to Grantee. The Easement is in gross, and is a non-exclusive, relocatable easement solely for the
Permitted Use, subject to the terms, conditions and limitations set forth in this Agreement.
Grantor expressly reserves the right to occupy and use the Easement Area and to grant to third
parties the right to occupy and use the Easement Area for any purpose that is reasonably
consistent with the Permitted Use.
3.Termination and Expiration. This Agreement and the Relocatable Easement will
terminate, and the Term will expire, immediately and automatically upon recordation of the
Permanent Easement. Promptly after receiving a written request therefor from Grantor, whether
after or contemporaneously with recordation of the Permanent Easement, Grantee will execute in
recordable form a written acknowledgement that the Relocatable Easement has terminated.
4.Non-Assignability. Grantee may not assign all or any part of its interest under this
Agreement to any person or entity without Grantor’s prior written consent.
5.Indemnity. To the extent permitted by law, Grantee will indemnify and hold
harmless and will require its contractors to indemnify and hold harmless, Grantor and Grantor’s
members, directors, officers, partners, managers, members, owners, employees, successors and
assigns from and against any claims, damages, liens, (including, without limitation, mechanic’s
and materialmen’s liens), losses, suits, actions, judgments, liabilities, costs and expenses
(including, without limitation, reasonable attorneys’ fees and costs) incurred by Grantor to the
extent that they are caused by the use of the Easement Area by Grantee, its contractors, or any
other parties whose use of the Easement Area is within the scope of the Permitted Use. The
obligations of this Paragraph 5 will survive any termination or expiration of the Relocatable
Easement or this Agreement.
6.Recording. Only after recordation of the The Willows at Grand Park Filing No. 3
Final Plat, this Agreement may be recorded in the real property records of Grand County,
Colorado, and upon recordation will run with title to Grantor’s Property.
7.Amendment. This Agreement will not be amended except by written instrument
executed by Grantor and Grantee (or their permitted successor or assigns).
8.Headings. The section headings and titles in this Agreement are for convenience
of reference only. Such headings and titles will not be construed as modifying, limiting or
expanding in any manner the terms and provisions of this Agreement.
2
644190.1 MLAYER 09/11/14 2:37 PM
9.Governing Law. This Agreement will be governed by and construed in
accordance with the laws of the State of Colorado.
10.No Waiver. In no event will any failure by either party to enforce any right,
covenant or restriction contained in this Agreement be deemed a waiver of the right to enforce
such a right, covenant or restriction or any other right, covenant or restriction thereafter.
11.Attorneys’ Fees. In the event of any controversy, claim or dispute between
Grantor and Grantee arising out of or relating to this Agreement or the breach or threatened or
claimed breach hereof, or the interpretation hereof, the prevailing party, whether by judgment or
out-of-court settlement, will be entitled to recover from the non-prevailing party its reasonable
expenses, attorneys’ fees and other costs incurred in connection therewith.
12.Severability. The enforceability, invalidity or illegality of any provision of this
Agreement will not render the other provisions of this Agreement unenforceable, invalid or
illegal, but rather the unenforceable, invalid or illegal provisions of this Agreement will be
deemed severed and deleted from this Agreement and this Agreement will remain in full force
and effect to the greatest extent permitted by applicable law.
13.The
undersigned, being the authorized representative of U.S. Bank, N.A., (the
“Mortgagee”) the holder of a beneficial interest in and to the Easement Parcel, under Deed of Trust
Recorded at Reception No. 3012-005143 and Reception No. 3012-005144 in the Grand County,
Colorado Real Property Records, hereby consents to this Agreement and agrees that the lien of the
said deed of trust is hereby subordinated to this Agreement
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
Effective Date.
GRANTOR
GRAND PARK DEVELOPMENT LLC, a
Colorado limited liability company
By: ______________________________________
Name :
Title:
GRANTEE
TOWN OF FRASER, a municipal corporation of
the State of Colorado
ATTEST: ________________________
By:
Name:
Title:
MORTGAGEE
U.S. BANK, N.A.
____________________________________
By:
___________________________________
Name:
____________________________________
Title:
3
644190.1 MLAYER 09/11/14 2:37 PM
STATE OF COLORADO )
)
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of
__________, 2014, by ____________, as _________________ on behalf of Grand Park
Development LLC, a Colorado limited liability company.
WITNESS my hand and official seal.
Notary Public
My Commission Expires
STATE OF COLORADO )
)
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of
______________, 2014, by Margaret Peggy Smith, as Mayor of the Town of Fraser, a municipal
corporation of the State of Colorado.
WITNESS my hand and official seal.
Notary Public
My Commission Expires
STATE OF __________ )
)ss.
COUNTY OF ________ )
The foregoing instrument was acknowledged before me this ___ day of __________, 2014 by
___________________________________, as__________________________, the authorized
representative of U.S. Bank, N.A.
WITNESS my hand and official seal.
Notary Public
My Commission Expires
4
644190.1 MLAYER 09/11/14 2:37 PM
EXHIBIT D
Description of Easement Area
A-1
644190.1 MLAYER 09/11/14 2:37 PM
RELOCATABLE SNOW STORAGE
EASEMENT AGREEMENT
THIS RELOCATABLE SNOW STORAGE EASEMENT AGREEMENT (this
AgreementEffective Date
“”) is made and entered into as of _____________, 2014 (“”), by and
between GRAND PARK DEVELOPMENT LLC, a Colorado limited liability company
Grantor
(“”), and THE TOWN OF FRASER, a municipal corporation of the State of Colorado
Grantee
(“”).
RECITALS
This Agreement is made with respect to the following facts:
A.Grantor is the owner in fee simple of certain real property in Grand County,
Colorado, legally described on the attached Exhibit E as Snow Storage Easement #7 and Exhibit
Easement Area
F as Snow Storage Easement #8 and Snow Storage Easement #9 (“”).
B.The Easement Area abuts the right-of-way for a portion of Willow Drive as
shown on the The Willows at Grand Park Filing No. 4 Final Plat.
C.In connection with Grantee’s ownership and maintenance of the __________
right-of-way, and as a condition of Grantee’s approval of The Willows at Grand Park Filing No.
4 Final Plat, Grantee requires and Grantor desires to grant an easement for snow storage for the
Permitted Use
use and benefit of Grantee (“”).
D.Because Grantor has other property that is undeveloped and adjacent to the The
Willows at Grand Park Filing No. 4 and Grantor has no specific development plans for the future
development area as of the Effective Date, Grantor and Grantee have mutually agreed to the
grant of the Relocatable Easement (defined in Recital E), upon the terms and conditions set forth
in this Agreement, subject to the requirement that Grantor will execute and deliver a permanent
Permanent Easement
easement (“”) in connection with Grantee’s granting of any subsequent
development approval or issuance of any building permit for any portion of the Easement Area
that includes all or any portion of the Relocatable Easement. The scope of the Permanent
Easement will be consistent with the scope of the Relocatable Easement. The location of the
Permanent Easement will be determined based on the actual site design for the future
development to be constructed on the Easement Area, and may be in the same location as the
Relocatable Easement or in another location within Grantor’s Property to be mutually agreed
upon by Grantor and Grantee.
E.In order to provide Grantee with rights of access to and use of the Easement Area
during the period between the Effective Date and the date on which the Permanent Easement is
Term
recorded (“”), Grantor desires to grant to Grantee a relocatable, non-exclusive easement in
Relocatable Easement
gross (“”) for the purpose of permitting Grantee to have access to the
Easement Area for the Permitted Use during the Term, subject to the terms and conditions of this
Agreement. Grantor and Grantee intend that the Relocatable Easement will automatically
terminate upon recordation of the Permanent Easement.
644190.1 MLAYER 09/11/14 2:38 PM
AGREEMENT
NOW, THEREFORE, in consideration of Ten Dollars ($10.00), the mutual covenants
contained herein and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, Grantor and Grantee agree as follows:
1.Incorporation of Recitals. The Recitals are incorporated into and made
substantive provisions of this Agreement.
2.Grant of Relocatable Easement. Grantor hereby grants the Relocatable Easement
to Grantee. The Easement is in gross, and is a non-exclusive, relocatable easement solely for the
Permitted Use, subject to the terms, conditions and limitations set forth in this Agreement.
Grantor expressly reserves the right to occupy and use the Easement Area and to grant to third
parties the right to occupy and use the Easement Area for any purpose that is reasonably
consistent with the Permitted Use.
3.Termination and Expiration. This Agreement and the Relocatable Easement will
terminate, and the Term will expire, immediately and automatically upon recordation of the
Permanent Easement. Promptly after receiving a written request therefor from Grantor, whether
after or contemporaneously with recordation of the Permanent Easement, Grantee will execute in
recordable form a written acknowledgement that the Relocatable Easement has terminated.
4.Non-Assignability. Grantee may not assign all or any part of its interest under this
Agreement to any person or entity without Grantor’s prior written consent.
5.Indemnity. To the extent permitted by law, Grantee will indemnify and hold
harmless and will require its contractors to indemnify and hold harmless, Grantor and Grantor’s
members, directors, officers, partners, managers, members, owners, employees, successors and
assigns from and against any claims, damages, liens, (including, without limitation, mechanic’s
and materialmen’s liens), losses, suits, actions, judgments, liabilities, costs and expenses
(including, without limitation, reasonable attorneys’ fees and costs) incurred by Grantor to the
extent that they are caused by the use of the Easement Area by Grantee, its contractors, or any
other parties whose use of the Easement Area is within the scope of the Permitted Use. The
obligations of this Paragraph 5 will survive any termination or expiration of the Relocatable
Easement or this Agreement.
6.Recording. Only after recordation of the The Willows at Grand Park Filing No. 4
Final Plat, this Agreement may be recorded in the real property records of Grand County,
Colorado, and upon recordation will run with title to Grantor’s Property.
7.Amendment. This Agreement will not be amended except by written instrument
executed by Grantor and Grantee (or their permitted successor or assigns).
8.Headings. The section headings and titles in this Agreement are for convenience
of reference only. Such headings and titles will not be construed as modifying, limiting or
expanding in any manner the terms and provisions of this Agreement.
2
644190.1 MLAYER 09/11/14 2:38 PM
9.Governing Law. This Agreement will be governed by and construed in
accordance with the laws of the State of Colorado.
10.No Waiver. In no event will any failure by either party to enforce any right,
covenant or restriction contained in this Agreement be deemed a waiver of the right to enforce
such a right, covenant or restriction or any other right, covenant or restriction thereafter.
11.Attorneys’ Fees. In the event of any controversy, claim or dispute between
Grantor and Grantee arising out of or relating to this Agreement or the breach or threatened or
claimed breach hereof, or the interpretation hereof, the prevailing party, whether by judgment or
out-of-court settlement, will be entitled to recover from the non-prevailing party its reasonable
expenses, attorneys’ fees and other costs incurred in connection therewith.
12.Severability. The enforceability, invalidity or illegality of any provision of this
Agreement will not render the other provisions of this Agreement unenforceable, invalid or
illegal, but rather the unenforceable, invalid or illegal provisions of this Agreement will be
deemed severed and deleted from this Agreement and this Agreement will remain in full force
and effect to the greatest extent permitted by applicable law.
13.The
undersigned, being the authorized representative of U.S. Bank, N.A., (the
“Mortgagee”) the holder of a beneficial interest in and to the Easement Parcel, under Deed of Trust
Recorded at Reception No. 2012-005143 and Reception No. 2012-005144 in the Grand County,
Colorado Real Property Records, hereby consents to this Agreement and agrees that the lien of the
said deed of trust is hereby subordinated to this Agreement
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
Effective Date.
GRANTOR
GRAND PARK DEVELOPMENT LLC, a
Colorado limited liability company
By: ______________________________________
Name :
Title:
GRANTEE
TOWN OF FRASER, a municipal corporation of
the State of Colorado
ATTEST: ________________________
By:
Name:
Title:
MORTGAGEE
U.S. BANK, N.A.
____________________________________
By:
___________________________________
Name:
____________________________________
Title:
3
644190.1 MLAYER 09/11/14 2:38 PM
STATE OF COLORADO )
)
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of
__________, 2014, by ____________, as _________________ on behalf of Grand Park
Development LLC, a Colorado limited liability company.
WITNESS my hand and official seal.
Notary Public
My Commission Expires
STATE OF COLORADO )
)
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of
______________, 2014, by Margaret Peggy Smith, as Mayor of the Town of Fraser, a municipal
corporation of the State of Colorado.
WITNESS my hand and official seal.
Notary Public
My Commission Expires
STATE OF __________ )
)ss.
COUNTY OF ________ )
The foregoing instrument was acknowledged before me this ___ day of __________, 2014 by
___________________________________, as__________________________, the authorized
representative of U.S. Bank, N.A.
WITNESS my hand and official seal.
Notary Public
My Commission Expires
4
644190.1 MLAYER 09/11/14 2:38 PM
EXHIBIT E & EXHIBIT F
Description of Easement Area
A-1
644190.1 MLAYER 09/11/14 2:38 PM
TEMPORARY RELOCATABLE ACCESS EASEMENT AGREEMENT
THIS TEMPORARY RELOCATABLE ACCESS EASEMENT AGREEMENT (the
"Agreement") is made and entered into as of the _____day of ,2014, by and between
GRAND PARK DEVELOPMENT, LLC, a Colorado limited liability company (the "Grantor"),
and the TOWN OF FRASER, a municipal corporation of the State of Colorado (the "Grantee").
RECITALS:
A.Grantor is the owner in fee simple of certain real property in Grand County,
Colorado, legally described on the attached Exhibit A as temporary turn around #1
and
incorporated herein by reference (the "Property").
B. Grantor desires to establish on the Property, also referred to herein as the
"Easement Parcel," a non-exclusive easement for the benefit of the Grantee.
NOW, THEREFORE, in consideration of Ten Dollars ($10.00), the mutual covenants
contained herein and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Grantor and Grantee agree as follows:
1.Incorporation of Recitals. The Recitals are incorporated into and made substantive
provisions of this Agreement
2.Grant of Relocatable Easement. Grantor does hereby grant, bargain, sell, and convey
to the Grantee a non-exclusive easement over the Easement Parcel for the purpose of public access
and use to the same extent asa public street, including but not limited to ingress and egress and
installation and maintenance of utilities (the "Easement"). The Grantee shall have the right to
construct, maintain, repair, replace, enlarge and operate such streets, utility lines, drainage facilities
and other structures and improvements as are necessary or convenient for the above-described
purposes. Nothing contained herein shall obligate the Grantee to install any such facilities or
otherwise provide for any such public use. Grantor shall be responsible for installing, at its expense,
the initial street improvements on the Easement Parcel to allow for public access. The Easement
shall be only for the surface use of the Easement Parcel, together with so much of the subsurface as
is necessary to fulfill its purposes.
3.Interference. Grantor hereby agrees that within the boundaries of the Easement
Parcel, it shall not substantially interfere with or inhibit the Grantee's ability to utilize the
Easement being granted herein in a safe and convenient manner for its intended purposes. Grantor
may block the Easement Parcel to perform construction or maintenance operations on the Easement
Parcel or adjoining land, subject to providing fourteen (14) days advance notice to the Grantee for
such operations.
4.Termination and Expiration. This Agreement will terminate, and the Term will
expire, immediately and automatically upon recordation of the Willows Subdivision Filling No. 4
Final Plat. Promptly after receiving a written request therefor from Grantor, whether after or
contemporaneously with recordation of the Willows Subdivision Filling No. 2 Final Plat, Grantee
will execute in recordable form a written acknowledgement that this Agreement has terminated.
5.Non-Assignability. Grantee may not assign all or any part of its interest under this
Agreement to any person or entity without Grantor’s prior written consent.
Indemnity. To the extent permitted by law, Grantee will indemnify and hold
6.
harmless and will require its contractors to indemnify and hold harmless, Grantor and Grantor’s
members, directors, officers, partners, managers, members, owners, employees, successors and
assigns from and against any claims, damages, liens, (including, without limitation, mechanic’s
and materialmen’s liens), losses, suits, actions, judgments, liabilities, costs and expenses
(including, without limitation, reasonable attorneys’ fees and costs) incurred by Grantor to the
extent that they are caused by the use of the Easement Area by Grantee, its contractors, or any
other parties whose use of the Easement Area is within the scope of the Permitted Use. The
obligations of this Paragraph 6 will survive any termination or expiration of the Relocatable
Easement or this Agreement.
7.Reservation. Grantor reserves the right to grant further easement interests in
theEasement Parcel to other grantees so long as such interests do not adversely affect the use of
theEasementParcel by the Grantee as described herein. Grantor reserves the right to use and
occupy theEasement Parcel for any and all purposes consistent with the rights and privileges
grantedherein.
8.Recording. Only after recordation of The Willows at Grand Park Filing No. 1
Final Plat, this Agreement may be recorded in the real property records of Grand County,
Colorado.
9.Amendment. This Agreement will not be amended except by written instrument
.
executed by Grantor and Grantee (or their permitted successor or assigns)
10.Headings. The section headings and titles in this Agreement are for convenience
of reference only. Such headings and titles will not be construed as modifying, limiting or
expanding in any manner the terms and provisions of this Agreement
11.Governing Law. This Agreement will be governed by and construed in accordance
with the laws of the State of Colorado.
12.No Waiver. In no event will any failure by either party to enforce any right,
covenant or restriction contained in this Agreement be deemed a waiver of the right to enforce
such a right, covenant or restriction or any other right, covenant or restriction thereafter.
13.Attorneys’ Fees. In the event of any controversy, claim or dispute between
Grantor and Grantee arising out of or relating to this Agreement or the breach or threatened or
claimed breach hereof, or the interpretation hereof, the prevailing party, whether by judgment or
out-of-court settlement, will be entitled to recover from the non-prevailing party its reasonable
expenses, attorneys’ fees and other costs incurred in connection therewith.
14.Severability. The enforceability, invalidity or illegality of any provision of this
2
Agreement will not render the other provisions of this Agreement unenforceable, invalid or illegal,
but rather the unenforceable, invalid or illegal provisions of this Agreement will be deemed
severed and deleted from this Agreement and this Agreement will remain in full force and effect
to the greatest extent permitted by applicable law.
15.Title. Grantor warrants that it has full right and lawful authority to make the
grant herein described, and promises and agrees to defend the Grantee in the exercise of its
rights hereunder against any defect in its title to the land involved or its right to make the grant
herein described, subject to all easements, restrictions and rights of way of record.
16.Successors and Assigns. Each and every one of the benefits and burdens of this
Easement shall inure to and be binding upon the Grantee and its successors and assigns and upon
the representatives, heirs, executors, administrators, successors and assigns of Grantor. Wherever
the term Grantor is usedherein it shall mean Grantor and/or Grantor's successors and assigns.
The burdens and benefitshereof shall run with the Property and any person or entity that
acquires any interest in the Property as described herein shall be bound by the burdens and
entitled to the benefits hereof.
17.Mortgagee Consent. The undersigned, being the authorized representative of U.S.
Bank, N.A., (the “Mortgagee”) the holder of a beneficial interest in and to the Easement Parcel,
under Deed of Trust Recorded at Reception No. 2012-005143 and Reception No. 2012-005144 in the
Grand County, Colorado Real Property Records, hereby consents to this Agreement and agrees that
the lien of the said deed of trust is hereby subordinated to this Agreement
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
Effective Date.
GRANTOR
GRAND PARK DEVELOPMENT LLC, a
Colorado limited liability company
By: ______________________________________
Name:
Title:
GRANTEE
TOWN OF FRASER, a municipal corporation of
the State of Colorado
ATTEST: ________________________
By:
Name:
Title:
MORTGAGEE
U.S. BANK, N.A.
By: ____________________________________
Name: ___________________________________
Title: ____________________________________
3
STATE OF COLORADO )
)
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of
__________, 2014, by ____________, as _________________ on behalf of Grand Park
Development LLC, a Colorado limited liability company.
WITNESS my hand and official seal.
Notary Public
My Commission Expires
STATE OF COLORADO )
)
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of
______________, 2014, by Margaret Peggy Smith, as Mayor of the Town of Fraser, a municipal
corporation of the State of Colorado.
WITNESS my hand and official seal.
Notary Public
My Commission Expires
STATE OF __________ )
)ss.
COUNTY OF ________ )
The foregoing instrument was acknowledged before me this ___ day of __________, 2014 by
___________________________________, as__________________________, the authorized
representative of U.S. Bank, N.A.
WITNESS my hand and official seal.
Notary Public
My Commission Expires
4
Exhibit A
Easement Parcel
TEMPORARY RELOCATABLE ACCESS EASEMENT AGREEMENT
THIS TEMPORARY RELOCATABLE ACCESS EASEMENT AGREEMENT (the
"Agreement") is made and entered into as of the _____day of ,2014, by and between
GRAND PARK DEVELOPMENT, LLC, a Colorado limited liability company (the "Grantor"),
and the TOWN OF FRASER, a municipal corporation of the State of Colorado (the "Grantee").
RECITALS:
A.Grantor is the owner in fee simple of certain real property in Grand County,
Colorado, legally described on the attached Exhibit A as temporary turn around #2
and
incorporated herein by reference (the "Property").
B. Grantor desires to establish on the Property, also referred to herein as the
"Easement Parcel," a non-exclusive easement for the benefit of the Grantee.
NOW, THEREFORE, in consideration of Ten Dollars ($10.00), the mutual covenants
contained herein and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Grantor and Grantee agree as follows:
1.Incorporation of Recitals. The Recitals are incorporated into and made substantive
provisions of this Agreement
2.Grant of Relocatable Easement. Grantor does hereby grant, bargain, sell, and convey
to the Grantee a non-exclusive easement over the Easement Parcel for the purpose of public access
and use to the same extent asa public street, including but not limited to ingress and egress and
installation and maintenance of utilities (the "Easement"). The Grantee shall have the right to
construct, maintain, repair, replace, enlarge and operate such streets, utility lines, drainage facilities
and other structures and improvements as are necessary or convenient for the above-described
purposes. Nothing contained herein shall obligate the Grantee to install any such facilities or
otherwise provide for any such public use. Grantor shall be responsible for installing, at its expense,
the initial street improvements on the Easement Parcel to allow for public access. The Easement
shall be only for the surface use of the Easement Parcel, together with so much of the subsurface as
is necessary to fulfill its purposes.
3.Interference. Grantor hereby agrees that within the boundaries of the Easement
Parcel, it shall not substantially interfere with or inhibit the Grantee's ability to utilize the
Easement being granted herein in a safe and convenient manner for its intended purposes. Grantor
may block the Easement Parcel to perform construction or maintenance operations on the Easement
Parcel or adjoining land, subject to providing fourteen (14) days advance notice to the Grantee for
such operations.
4.Termination and Expiration. This Agreement will terminate, and the Term will
expire, immediately and automatically upon recordation of the Willows Subdivision Filling No. 3
Final Plat. Promptly after receiving a written request therefor from Grantor, whether after or
contemporaneously with recordation of the Willows Subdivision Filling No. 3 Final Plat, Grantee
will execute in recordable form a written acknowledgement that this Agreement has terminated.
5.Non-Assignability. Grantee may not assign all or any part of its interest under this
Agreement to any person or entity without Grantor’s prior written consent.
Indemnity. To the extent permitted by law, Grantee will indemnify and hold
6.
harmless and will require its contractors to indemnify and hold harmless, Grantor and Grantor’s
members, directors, officers, partners, managers, members, owners, employees, successors and
assigns from and against any claims, damages, liens, (including, without limitation, mechanic’s
and materialmen’s liens), losses, suits, actions, judgments, liabilities, costs and expenses
(including, without limitation, reasonable attorneys’ fees and costs) incurred by Grantor to the
extent that they are caused by the use of the Easement Area by Grantee, its contractors, or any
other parties whose use of the Easement Area is within the scope of the Permitted Use. The
obligations of this Paragraph 6 will survive any termination or expiration of the Relocatable
Easement or this Agreement.
7.Reservation. Grantor reserves the right to grant further easement interests in
theEasement Parcel to other grantees so long as such interests do not adversely affect the use of
theEasementParcel by the Grantee as described herein. Grantor reserves the right to use and
occupy theEasement Parcel for any and all purposes consistent with the rights and privileges
grantedherein.
8.Recording. Only after recordation of The Willows at Grand Park Filing No. 2
Final Plat, this Agreement may be recorded in the real property records of Grand County,
Colorado.
9.Amendment. This Agreement will not be amended except by written instrument
.
executed by Grantor and Grantee (or their permitted successor or assigns)
10.Headings. The section headings and titles in this Agreement are for convenience
of reference only. Such headings and titles will not be construed as modifying, limiting or
expanding in any manner the terms and provisions of this Agreement
11.Governing Law. This Agreement will be governed by and construed in accordance
with the laws of the State of Colorado.
12.No Waiver. In no event will any failure by either party to enforce any right,
covenant or restriction contained in this Agreement be deemed a waiver of the right to enforce
such a right, covenant or restriction or any other right, covenant or restriction thereafter.
13.Attorneys’ Fees. In the event of any controversy, claim or dispute between
Grantor and Grantee arising out of or relating to this Agreement or the breach or threatened or
claimed breach hereof, or the interpretation hereof, the prevailing party, whether by judgment or
out-of-court settlement, will be entitled to recover from the non-prevailing party its reasonable
expenses, attorneys’ fees and other costs incurred in connection therewith.
14.Severability. The enforceability, invalidity or illegality of any provision of this
2
Agreement will not render the other provisions of this Agreement unenforceable, invalid or illegal,
but rather the unenforceable, invalid or illegal provisions of this Agreement will be deemed
severed and deleted from this Agreement and this Agreement will remain in full force and effect
to the greatest extent permitted by applicable law.
15.Title. Grantor warrants that it has full right and lawful authority to make the
grant herein described, and promises and agrees to defend the Grantee in the exercise of its
rights hereunder against any defect in its title to the land involved or its right to make the grant
herein described, subject to all easements, restrictions and rights of way of record.
16.Successors and Assigns. Each and every one of the benefits and burdens of this
Easement shall inure to and be binding upon the Grantee and its successors and assigns and upon
the representatives, heirs, executors, administrators, successors and assigns of Grantor. Wherever
the term Grantor is usedherein it shall mean Grantor and/or Grantor's successors and assigns.
The burdens and benefitshereof shall run with the Property and any person or entity that
acquires any interest in the Property as described herein shall be bound by the burdens and
entitled to the benefits hereof.
17.Mortgagee Consent. The undersigned, being the authorized representative of U.S.
Bank, N.A., (the “Mortgagee”) the holder of a beneficial interest in and to the Easement Parcel,
under Deed of Trust Recorded at Reception No. 2012-005143 and Reception No. 2012-005144 in the
Grand County, Colorado Real Property Records, hereby consents to this Agreement and agrees that
the lien of the said deed of trust is hereby subordinated to this Agreement
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
Effective Date.
GRANTOR
GRAND PARK DEVELOPMENT LLC, a
Colorado limited liability company
By: ______________________________________
Name:
Title:
GRANTEE
TOWN OF FRASER, a municipal corporation of
the State of Colorado
ATTEST: ________________________
By:
Name:
Title:
MORTGAGEE
U.S. BANK, N.A.
By: ____________________________________
Name: ___________________________________
Title: ____________________________________
3
STATE OF COLORADO )
)
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of
__________, 2014, by ____________, as _________________ on behalf of Grand Park
Development LLC, a Colorado limited liability company.
WITNESS my hand and official seal.
Notary Public
My Commission Expires
STATE OF COLORADO )
)
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of
______________, 2014, by Margaret Peggy Smith, as Mayor of the Town of Fraser, a municipal
corporation of the State of Colorado.
WITNESS my hand and official seal.
Notary Public
My Commission Expires
STATE OF __________ )
)ss.
COUNTY OF ________ )
The foregoing instrument was acknowledged before me this ___ day of __________, 2014 by
___________________________________, as__________________________, the authorized
representative of U.S. Bank, N.A.
WITNESS my hand and official seal.
Notary Public
My Commission Expires
4
Exhibit A
Easement Parcel
UTILITY EASEMENT AGREEMENT
This UTILITY EASEMENT AGREEMENT (this “Agreement”) is made and entered into
as of this _____ day of _______________, 2014, by and between GRAND PARK
DEVELOPMENT LLC, a Colorado limited liability company (“Grantor”); and TOWN OF
FRASER, a municipal corporation of the State of Colorado (the “Town”).
Recitals
A.Grantor is the owner of certain real property located in Grand County, Colorado,
Exhibit A
legally described on attached hereto and incorporated herein by this reference (the
“Grantor Property”).
B.As a condition to the Town’s approval of Grantor’s development of the Grantor
Property, the Town has required that Grantor grant to the Town an easement for the purpose of
installing water and wastewater lines and related facilities to serve Grantor’s property and the
public.
C.Grantor now desires to grant, and the Town desires to accept an easement for the
installation of water and wastewater lines and related facilities, as set forth below.
Agreement
NOW, THEREFORE, in consideration of Ten Dollars ($10.00), the mutual covenants
contained herein and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, Grantor and Grantee agree as follows:
1.Incorporation of Recitals. The Recitals are incorporated into and made
substantive provisions of this Agreement.
2.Grant of Easement. Grantor hereby grants, bargains, sells, and conveys to the
Town a non-exclusive easement (the “Easement”) over, under, through and across the real
Exhibit A
property legally described on attached hereto and incorporated herein by this
reference (the “Easement Area”) for the purpose of constructing, installing, using, operating,
maintaining, repairing and replacing underground water and wastewater lines and related
facilities, and all fixtures and devices reasonably used or useful in the operation of such lines and
facilities (collectively, the “Facilities”) together with the right to enter upon the Easement Area,
to survey, construct, install, use, operate, maintain, repair and replace the Facilities and, subject
to Section 3, to remove objects interfering therewith, including the trimming of trees and bushes.
The work of installing and maintaining the Facilities shall be done with care and the surface
along the Easement Area shall be restored substantially to its original grades, elevation and
condition following completion of construction, installation, maintenance, repair or replacement
within the Easement Area from time to time. Nothing contained herein shall obligate the Town
to install any or all of the Facilities or to otherwise provide for any such use.
644190.1 MLAYER 09/11/14 3:04 PM
3.Repair. The Town shall promptly repair or replace any portion of the Easement
Area or any improvements thereon damaged or destroyed in connection with the Town’s use of
the Easement Area.
4.Reservation. Grantor reserves the right to grant additional non-exclusive
easement interests within the Easement Area so long as such interests do not materially adversely
affect the use of the Easement Area by the Town as described in this Agreement. Grantor
reserves the right to use and occupy the Easement Area for any and all purposes not inconsistent
with the rights and privileges granted herein.
5.Indemnity. To the maximum extent permitted by law, the Town will indemnify
Grantor and its agents, contractors, employees, officers, members and directors against any loss
or damage caused by the exercise of the Town’s rights under this Agreement, or by any wrongful
or negligent act or omission of the Town or its agents, contractors, employees, permittees or
assigns.
6.Prior Restrictions. The grant of the Easement is subject to all prior easements,
restrictions, reservations, rights-of-way, encumbrances, and other matters of record.
7.Non-Assignability. The Town may not assign this Agreement without the prior
written consent of Grantor.
8.Survivability. Each and every one of the benefits and burdens of this Agreement
shall inure to and be binding upon Grantor, the Town and their respective successors and assigns.
The burdens and benefits hereof shall run with the Grantor Property and any person or entity that
acquires any interest in the Grantor Property shall be bound by the burdens and entitled to the
benefits hereof.
9.Recording. Only after recordation of the The Willows at Grand Park Filing No. 1
Final Plat, this Agreement may be recorded in the real property records of Grand County,
Colorado, and upon recordation will run with title to Grantor’s Property.
10.Amendment. This Agreement will not be amended except by written instrument
executed by Grantor and Grantee (or their permitted successor or assigns).
11.Headings. The section headings and titles in this Agreement are for convenience
of reference only. Such headings and titles will not be construed as modifying, limiting or
expanding in any manner the terms and provisions of this Agreement.
12.Governing Law. This Agreement will be governed by and construed in
accordance with the laws of the State of Colorado.
13.No Waiver. In no event will any failure by either party to enforce any right,
covenant or restriction contained in this Agreement be deemed a waiver of the right to enforce
such a right, covenant or restriction or any other right, covenant or restriction thereafter.
14.Attorneys’ Fees. In the event of any controversy, claim or dispute between
Grantor and Grantee arising out of or relating to this Agreement or the breach or threatened or
2
644190.1 MLAYER 09/11/14 3:04 PM
claimed breach hereof, or the interpretation hereof, the prevailing party, whether by judgment or
out-of-court settlement, will be entitled to recover from the non-prevailing party its reasonable
expenses, attorneys’ fees and other costs incurred in connection therewith.
15.Severability. The enforceability, invalidity or illegality of any provision of this
Agreement will not render the other provisions of this Agreement unenforceable, invalid or
illegal, but rather the unenforceable, invalid or illegal provisions of this Agreement will be
deemed severed and deleted from this Agreement and this Agreement will remain in full force
and effect to the greatest extent permitted by applicable law.
16.Consent and Subordination. The undersigned, being the authorized representative
of U.S. Bank, N.A., (the “Mortgagee”) the holder of a beneficial interest in and to the Easement
Parcel, under Deed of Trust Recorded at Reception No. 2012-005143 and Reception No. 2012-
005144 in the Grand County, Colorado Real Property Records, hereby consents to this
Agreement and agrees that the lien of the said deed of trust is hereby subordinated to this
Agreement
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
Effective Date.
GRANTOR
GRAND PARK DEVELOPMENT LLC, a
Colorado limited liability company
By: ______________________________________
Name :
Title:
GRANTEE
TOWN OF FRASER, a municipal corporation of
the State of Colorado
ATTEST: ________________________
By:
Name:
Title:
MORTGAGEE
U.S. BANK, N.A.
By:
____________________________________
___________________________________
Name:
____________________________________
Title:
3
644190.1 MLAYER 09/11/14 3:04 PM
STATE OF COLORADO )
)
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of __________,
2014, by ____________, as _________________ on behalf of Grand Park Development LLC, a
Colorado limited liability company.
WITNESS my hand and official seal.
Notary Public
My Commission Expires
STATE OF COLORADO )
)
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of
______________, 2014, by Margaret Peggy Smith, as Mayor of the Town of Fraser, a municipal
corporation of the State of Colorado.
WITNESS my hand and official seal.
Notary Public
My Commission Expires
STATE OF __________ )
)ss.
COUNTY OF ________ )
The foregoing instrument was acknowledged before me this ___ day of __________, 2014 by
___________________________________, as__________________________, the authorized
representative of U.S. Bank, N.A.
WITNESS my hand and official seal.
Notary Public
My Commission Expires
4
644190.1 MLAYER 09/11/14 3:04 PM
TEMPORARY UTILITY EASEMENT AGREEMENT
This TEMPORARY UTILITY EASEMENT AGREEMENT (this “Agreement”) is made
and entered into as of this _____ day of _______________, 2014, by and between GRAND
PARK DEVELOPMENT LLC, a Colorado limited liability company (“Grantor”); and TOWN
OF FRASER, a municipal corporation of the State of Colorado (the “Town”).
Recitals
A.Grantor is the owner of certain real property located in Grand County, Colorado,
Exhibit A
legally described on attached hereto and incorporated herein by this reference (the
“Grantor Property”).
B.As a condition to the Town’s approval of Grantor’s development of the Grantor
Property, the Town has required that Grantor grant to the Town an easement for the purpose of
installing water and wastewater lines and related facilities to serve Grantor’s property and the
public.
C.Grantor now desires to grant, and the Town desires to accept an easement for the
installation of water and wastewater lines and related facilities, as set forth below.
Agreement
NOW, THEREFORE, in consideration of Ten Dollars ($10.00), the mutual covenants
contained herein and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, Grantor and Grantee agree as follows:
1.Incorporation of Recitals. The Recitals are incorporated into and made
substantive provisions of this Agreement.
2.Grant of Easement. Grantor hereby grants, bargains, sells, and conveys to the
Town a non-exclusive easement (the “Easement”) over, under, through and across the real
Exhibit A
property legally described on attached hereto and incorporated herein by this
reference (the “Easement Area”) for the purpose of constructing, installing, using, operating,
maintaining, repairing and replacing underground water and wastewater lines and related
facilities, and all fixtures and devices reasonably used or useful in the operation of such lines and
facilities (collectively, the “Facilities”) together with the right to enter upon the Easement Area,
to survey, construct, install, use, operate, maintain, repair and replace the Facilities and, subject
to Section 3, to remove objects interfering therewith, including the trimming of trees and bushes.
The work of installing and maintaining the Facilities shall be done with care and the surface
along the Easement Area shall be restored substantially to its original grades, elevation and
condition following completion of construction, installation, maintenance, repair or replacement
within the Easement Area from time to time. Nothing contained herein shall obligate the Town
to install any or all of the Facilities or to otherwise provide for any such use.
644190.1 MLAYER 09/11/14 3:04 PM
3.Repair. The Town shall promptly repair or replace any portion of the Easement
Area or any improvements thereon damaged or destroyed in connection with the Town’s use of
the Easement Area.
4.Reservation. Grantor reserves the right to grant additional non-exclusive
easement interests within the Easement Area so long as such interests do not materially adversely
affect the use of the Easement Area by the Town as described in this Agreement. Grantor
reserves the right to use and occupy the Easement Area for any and all purposes not inconsistent
with the rights and privileges granted herein
. The Town hereby acknowledges Grantor may
remove the Facilities from the Easement Area and relocate them as depicted in The Willows at Grand
Park construction documentation approved by the Town.
5.Termination and Expiration. This Agreement will terminate, and the Term will
expire, immediately and automatically upon Grantor relocating the Facilities to the locations
shown on The Willows at Grand Park construction plans. Upon the Town accepting the
relocated Facilities the Town will execute in recordable form a written acknowledgement that
this Agreement has terminated.
6.Indemnity. To the maximum extent permitted by law, the Town will indemnify
Grantor and its agents, contractors, employees, officers, members and directors against any loss
or damage caused by the exercise of the Town’s rights under this Agreement, or by any wrongful
or negligent act or omission of the Town or its agents, contractors, employees, permittees or
assigns.
7.Prior Restrictions. The grant of the Easement is subject to all prior easements,
restrictions, reservations, rights-of-way, encumbrances, and other matters of record.
8.Non-Assignability. The Town may not assign this Agreement without the prior
written consent of Grantor.
9.Survivability. Each and every one of the benefits and burdens of this Agreement
shall inure to and be binding upon Grantor, the Town and their respective successors and assigns.
The burdens and benefits hereof shall run with the Grantor Property and any person or entity that
acquires any interest in the Grantor Property shall be bound by the burdens and entitled to the
benefits hereof.
10.Recording. Only after recordation of the The Willows at Grand Park Filing No. 1
Final Plat, this Agreement may be recorded in the real property records of Grand County,
Colorado, and upon recordation will run with title to Grantor’s Property.
11.Amendment. This Agreement will not be amended except by written instrument
executed by Grantor and Grantee (or their permitted successor or assigns).
12.Headings. The section headings and titles in this Agreement are for convenience
of reference only. Such headings and titles will not be construed as modifying, limiting or
expanding in any manner the terms and provisions of this Agreement.
2
644190.1 MLAYER 09/11/14 3:04 PM
13.Governing Law. This Agreement will be governed by and construed in
accordance with the laws of the State of Colorado.
14.No Waiver. In no event will any failure by either party to enforce any right,
covenant or restriction contained in this Agreement be deemed a waiver of the right to enforce
such a right, covenant or restriction or any other right, covenant or restriction thereafter.
15.Attorneys’ Fees. In the event of any controversy, claim or dispute between
Grantor and Grantee arising out of or relating to this Agreement or the breach or threatened or
claimed breach hereof, or the interpretation hereof, the prevailing party, whether by judgment or
out-of-court settlement, will be entitled to recover from the non-prevailing party its reasonable
expenses, attorneys’ fees and other costs incurred in connection therewith.
16.Severability. The enforceability, invalidity or illegality of any provision of this
Agreement will not render the other provisions of this Agreement unenforceable, invalid or
illegal, but rather the unenforceable, invalid or illegal provisions of this Agreement will be
deemed severed and deleted from this Agreement and this Agreement will remain in full force
and effect to the greatest extent permitted by applicable law.
17.Consent and Subordination. The undersigned, being the authorized representative
of U.S. Bank, N.A., (the “Mortgagee”) the holder of a beneficial interest in and to the Easement
Parcel, under Deed of Trust Recorded at Reception No. 2012-005143 and Reception No. 2012-
005144 in the Grand County, Colorado Real Property Records, hereby consents to this
Agreement and agrees that the lien of the said deed of trust is hereby subordinated to this
Agreement
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
Effective Date.
GRANTOR
GRAND PARK DEVELOPMENT LLC, a
Colorado limited liability company
By: ______________________________________
Name :
Title:
GRANTEE
TOWN OF FRASER, a municipal corporation of
the State of Colorado
ATTEST: ________________________
By:
Name:
Title:
MORTGAGEE
U.S. BANK, N.A.
3
644190.1 MLAYER 09/11/14 3:04 PM
By:
____________________________________
___________________________________
Name:
____________________________________
Title:
STATE OF COLORADO )
)
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of __________,
2014, by ____________, as _________________ on behalf of Grand Park Development LLC, a
Colorado limited liability company.
WITNESS my hand and official seal.
Notary Public
My Commission Expires
STATE OF COLORADO )
)
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of
______________, 2014, by Margaret Peggy Smith, as Mayor of the Town of Fraser, a municipal
corporation of the State of Colorado.
WITNESS my hand and official seal.
Notary Public
My Commission Expires
STATE OF __________ )
)ss.
COUNTY OF ________ )
The foregoing instrument was acknowledged before me this ___ day of __________, 2014 by
___________________________________, as__________________________, the authorized
representative of U.S. Bank, N.A.
WITNESS my hand and official seal.
Notary Public
My Commission Expires
4
644190.1 MLAYER 09/11/14 3:04 PM
Memo To: Jeff Durbin and the Town of Fraser Board of Trustees
From: Jane Mather, Town of Fraser Trustee
Date: Sept. 11, 2014
Subject: Support for request to Grand County Board of Commissioners for dedicated Grand
County staff person to oversee county transportation planning and implementation.
Jeff, could we please add this topic to the Wednesday, Sept. 17, Town of Fraser Board of Trustees
meeting and include this summary in the packet:
"Support for Grand County establishing and funding a dedicated staff person to oversee
transportation and planning."
Following the county -wide Transportation Forum on Aug. 18, 2014, a Transportation Task Force, of
which I am a member, met on Sept. 8, 2014 to identify next steps to address the priorities identified
at the Transportation Forum (see below).
The Task Force determined that the most cost-effective way to achieve these goals would be for
Grand County government to establish and fund a dedicated staff position to oversee public
transportation planning and implementation. The Task Force estimates that the salary and
supporting resources, including consulting services and software, would cost about $200,000 for
the first year, or less than $15 per county resident.
The Task Force will be providing its proposal to the Grand County Board of County Commissioners
(BOCC) ata future meeting. The Task Force is asking local stakeholders, including municipalities
such as the Town of Fraser, to note their support if they agree with this proposal as part of the Task
Force's request to the BOCC.
The Task Force is refining the wording for the request to the BOCC regarding county priorities and
staff position description and near-term goals. In the mean time, here is my summary of the
priorities identified.
1. County backbone. Improve transportation alternatives through Grand County along the
county's major roadways -US 40, US 34 and US 9. Begin by working with a consultant to
quantify needs and assess community tolerance for local funding options.
2. Build on existing transportation resources. Inventory existing transportation resources,
including and beyond those available through Winter Park Resort. Identify how these
resources can be coordinated to provide more complete public transportation access to
county services, amenities and businesses, including implementing software for
coordination and marketing system to potential users.
3. Rail possibilities. Identify key stakeholders and possibilities for developing rail service
between Denver and Grand County, building on the ski train concept to service all parts of
Grand County. Forum attendees noted that the lower need for trains to transport coal may
provide opportunities for other uses of the rail line from Denver and through Grand County.
4. Airports. Identify ways to improve access to Grand County by building on current airport
resources.
S. Funding. Identify funding sources, partnerships and mechanisms to leverage local funding
as many other Colorado communities have successfully done to support their public
transportation systems.
Fraser Building Activity 2014
Total Number of Building Permits
Total for201036
Total for201145
Total for201249
Total for201363
2012 through August27
2013 through August49
2014 through August31
Difference2014/2013(18)
Difference2014/20124
Dollar Valuation
(no hourly fee has valuation $ in 2011 - 14)
Total for2010$135,233
Total for2011$3,743,778
Total for2012$2,190,195
Total for2013$5,508,091
2012 through August$953,640
2013 through August$3,994,100
2014 through August$6,349,888
Difference2014/2013$2,355,788
Difference2014/2012$5,396,248
Building Fees
Total for 2010$3,644
Total for 2011$40,277
Total for 2012$27,412
Total for 2013$66,364
2012 through August$11,694
2013 through August$51,765
2014 through August$61,434
Difference2014/2013$9,669
Difference2014/2012$49,740
New Residential Area
2014 through August37,117sq. ft.
New Commercial Area
2014 through August0sq. ft.
New Garage Area
2014 through August9,342sq. ft.
New Deck/Patio Area
2014throughAugust4,296sq. ft.
Subdivisions continue to develop and produce neighbors in Fraser. Building permits have been issued for three separate single-
family dwellings in Rendezvous and another two single-family dwellings have been issued in the Cozens Meadow subdivision of
Grand Park. A total of eleven single family dwellings and three townhome units have been issued this year in Fraser. The amount
of new starts this season will keep the building department busy through the coming winter performing inspections on these
structures. As always, feel free to contact the building department with any questions you may have.
Staff Contact: Brian Szczepanski - Building Official\[bszczepanski@wpgov.com\] 970-726-8081
Finance Update: 09/17/2014
Prepared: 09/11/2014
Transmitted with your packet this week is the July Sales Tax Report.
Sales Tax receipts are currently running 3% above last year for the same time period. From the
reports you can see that this extra payment will be re-allocated so we are actually up 34%
not
in July (we are but wont be!). Looking forward to the grand Re-Opening of the Holiday Inn
Express, and hopefully perhaps something across the street will happen soon in our empty fast
food location?
As always please contact me with any questions or concerns you might have: 726-5491 X206 or
at nhavens@town.fraser.co.us.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
Department Incident Activity Report
FWP
08/01/2014-- 8/31/2014
ClassificationEvents RptdUnfoundedActualClr ArrestClr ExceptionClr JuvenilesTotal ClrPercent Clr
AGENCY ASSIST000000.0
55
ASSIST OTHER AGENCY000000.0
55
ANIMAL PROBLEM00001100.0
11
ANIMAL ATTACK00001100.0
11
ASSAULT000000.0
22
SIMPLE ASSAULT000000.0
22
DAMAGED PROPERTY0000150.0
22
00001100.0
11
GRAFFITI000000.0
11
DUI0005100.0
555
ALCOHOL0004100.0
444
DRUGS0001100.0
111
FAMILY DISTURBANCE00001100.0
11
VERBAL ARGUMENT00001100.0
11
FRAUD000000.0
11
FRAUD, INSUFFICIENT FUNDS CHECK000000.0
11
LIQUOR LAW000000.0
11
000000.0
11
MEDICAL00001100.0
11
AMBULANCE ASSIST00001100.0
11
MENTAL SUBJECT00001100.0
11
HOSPITAL TRANSPORT00001100.0
11
MISCELLANEOUS00003100.0
33
INFORMATION REPORT00003100.0
33
OBSTRUCT JUSTICE000150.0
221
VIOLATION OF A COURT ORDER000150.0
221
PERSON CRIMES0001100.0
111
CRIMES AGAINST PERSONS0001100.0
111
PROPERTY0000375.0
44
FOUND PROPERTY00002100.0
22
LOST PROPERTY0000150.0
22
PUBLIC SERVICE00001100.0
11
ASSIST PUBLIC00001100.0
11
SUSPICIOUS000000.0
11
SUSPICIOUS PERSON000000.0
11
THEFT000000.0
22
LARCENY, BICYCLE000000.0
11
LARCENY, FROM BUILDING000000.0
11
TRAFFIC (CRIMINAL VIOLATION)003100.0
3321
CRIMINAL TRAFFIC VIOLATION003100.0
3321
Department Incident Activity Report: 08/01/14 - 08/31/14Page 1 / 2
TRAFFIC ACCIDENT0000583.3
66
HIT/RUN, VEHICLE DAMG0000150.0
22
TRAFFIC ACCIDENT, INJURY00001100.0
11
TRAFFIC ACCIDENT, VEHICLE DAMAGE00003100.0
33
TRAFFIC PROBLEM0002100.0
222
TRAFFIC OFFENSE0002100.0
222
Event Totals4514411012965.9
Department Incident Activity Report: 08/01/14 - 08/31/14Page 2 / 2
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PUBLIC WORKS UPDATE
(As of 9/10/2014 for 9/17 meeting)
WATER~
Well No. 8- Continue with application for design review by CDPHE for this project.
Experiencing some production well issues and addressing them as necessary.
Annual water quality sampling is also taking place this month.
SANITARY SEWER~
The sewer flow meters are in place and collecting data.
Reviewing criteria for the utility service line replacement incentive program.
STREETS~
RAMP- completed potholing for utility clearances for the traffic signal project at US 40 and First
St/Rendezvous Rd. CDOT gave the all-clear and approval.
Updating our snow management operations plan (SMOP) for a presentation coming soon
Staff will be preparing for some concrete removal/replacement areas throughout town in the next
couple of weeks.
GARDENER~
th
The shelter structure for Gorenson Station Park is tentatively slated for install on September17. There
will still be some finish work to be completed on the structure which will take place once it is installed.
Preparing to decommission the south entry monument and planter in advance of the traffic signal install
Preparing budgetary numbers for 2015 gardening/landscape improvements in various areas throughout
town.
Discussing open space plantings in upper Ptarmigan area w/a property owner wanting to plant some
trees.
GENERAL~
PW is holding a sealed bid auction for disposal of three administration vehicles. An ad will be placed in
the local paper in mid-September advertising the event.
PW is seeking a replacement seasonal utility laborer and a FT operator.
Continue working on finalizing the drainage alignment through Cozens Ranch Open Space (CROS)
with the USACE. Need Corps permit issued in time to get the project completed in conjunction with
s diversion structure project.
Update of CIP & CERF worksheets; water, collections, streets and vehicles
Xcel Energy has two repair areas in Fraser on the main high pressure gas line that they have
determined to be significant anomalies requiring immediate repair. These repairs will be open-cut
trenches and be completed within 1-2 days for each repair. This work is to be ahead of the proposed
2015 line replacement repair work we discussed earlier this summer.
Please contact me in advance of the meeting should you have questions. anordin@town.fraser.co.us or 970-531-1844.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
Certification Statement
This report was prepared by me, or under my direct supervision, in accordance with the
Fraser Municipal Code and Grand County Storm Drainage Design and Technical Criteria
Manual and was designed to comply with the provisions thereof. I understand that Fraser
and Grand County do not and will not assume liability for drainage facilities designed by
others.
_________________________________________
Lonny E. Phelps., P.E.
State of Colorado No. 31346
(Affix Seal)
Developer Certification Statement
I C. Clark Lipscomb hereby certify that the drainage facilities for The Willows at Grand Park
shall be constructed according to the design presented in this report. I understand that
Fraser and Grand County do not and will not assume liability for the drainage facilities
designed or reviewed by my engineer. I also understand that Fraser and Grand County relies
on the representations of others to establish that drainage facilities are designed and built in
compliance with applicable guidelines, standards and specifications. Review by Fraser
and/or Grand County can therefore in no way limit or diminish any liability which I or any
other party may have with respect to the design or construction of such facilities.
_________________________________________
C. Clark Lipscomb
Table of Contents
I.GENERAL LOCATION AND DESCRIPTION ...................................................................... 1
II.DRAINAGE BASINS AND SUB-BASINS ............................................................................. 2
III.DRAINAGE DESIGN CRITERIA ......................................................................................... 2
IV.DRAINAGE FACILITY DESIGN .......................................................................................... 3
V.CONCLUSIONS .................................................................................................................. 7
VI.REFERENCES .................................................................................................................... 7
APPENDIX
I. GENERAL LOCATION AND DESCRIPTION
This final drainage report presents the drainage concepts for the development of the initial
phase of the Willows portion of the Grand Park Subdivision project. The purpose of this
study is to finalize the proposed layout, the drainage scheme and the criteria utilized in the
final designs of the drainage system for the project site.
The subject property is located within Section 29, Township 1 South, Range 75 West of the
th
6 Principal Meridan, Town of Fraser, Grand County, Colorado. The site is located
southwest of US Highway 40 and northeast of the Union Pacific Railroad (see the Vicinity
Map in Appendix).
The project site (Planning Area 2W.1) is composed of the northern and eastern portion of the
Willows parcel of the Grand Park Planning Area 2W. The Willows parcel is bounded by Old
Victory Road to the west, the Cozens Meadow Neighborhood to the north, the Town Center
development to the south and existing wetlands to the east. The project site is approximately
16.7-acres and is comprised of approximately 3,300-linear feet of 24 flowline-flowline
roadway, 70 lots, 2 water features, open space and will redirect an existing trail and the
Cozens Ditch through the site.
Currently there is a gravel roadway from a previous site plan prepared by Carroll & Lange,
Inc., June 2008, where existing water and sanitary sewer mains and services have been
constructed. The proposed Mountain Willow Drive (initially called Road A) and Willow Drive
(initially called Road D) horizontal alignments follow the previous designs as close as
practicable to utilize as much of the existing water and sanitary sewer system that has been
installed.
The site generally slopes from the southeast to the northeast being intercepted by the
existing Cozens Ditch. This ditch currently directs flows northerly into a series of existing
wetland mitigation/detention ponds that are located to the north and northwest of the site.
There is another drainage channel just to the north of the proposed northerly connection of
Mountain Willow Drive with Old Victory Road. This No Name channel, as referred to in the
Old Victory Road and Main Street Phase II Final Drainage Report, dated May 16, 2008,
directs flows from an existing 6x24 culvert under Old Victory road to an existing pond
northwest of the site. The relocated Cozens Ditch will be directing interceped runoff flows
from the majority of the site to the northern wetland mitigation/detention ponds.
The entire area has been mapped by the NRCS. The project site is primarily composed of
approximately equal parts of Tine gravely sandy loam and Cumulic Cryaquolls. The NRCS
has classified the Tine soil unit as Hydrologic Soils Group A; described as generally deep
and well drained by the NRCS. The NRCS has classified the Cumulic Cryaquolls soil unit as
Hydrologic Soils Group A/D; when drained, described as generally deep and well drained by
the NRCS, however when not drained (wetlands), described as having a very slow infiltration
rate (high runoff potential) by the NRCS. Approximately 5% of the site has Frisco-Peeler
gravelly sandy loams, is classified as Hydrologic Soils Group B by the NRCS, and are
described as moderately deep and moderately well drained by the NRCS. The runoff flows
for the site will be evaluated for Type A soils. The NRCS Web Soil Survey Map and
associated information is included in the Appendix.
1
The site is located on Flood Insurance Rate Map (FIRM) Panel 08049C0991C, dated
January 2, 2008 (see Appendix). The site is located within Flood Zone X, areas determined
to be outside the 0.2% annual chance floodplain.
II. DRAINAGE BASINS AND SUB-BASINS
The project site is located just north of the Denver and Rio Grande Railroad, south of US
Highway 40 and between Leland Creek to the southeast and the No Name drainage
channel to the northwest. Per the Storm Drainage Master Plan for Grand Park, prepared
by High Country Engineering and dated February 17, 2006, the site is located within
drainage basin E7. This basin is to drain to the northwest to Design Point 7 before passing
under US Highway 40 to ultimately discharge into the Fraser River.
Per the master drainage study, each project is to be designed per Fraser Municipal Code
and Grand Countys drainage criteria. Drainage channels, storm sewer systems and
detention/water quality facilities are to be designed for each development and/or combined
between two or more developments within the same basin. These systems are not allowed
to impede the upstream flows that are to be directed through each development.
Per the Old Victory Road Final Drainage Report. prepared by Carroll and Lange and dated
October 10, 2005, the project site is located within their Basin H. Runoff from this basin is to
combine with the runoff that is directed under Old Victory road at the No Name drainage
channel and sheet flows and travels in natural drainage swales to the northwest until it
reaches DP7 that is located adjacent to Old Victory Road north of the Cozens Meadow
detention pond. These flows will be combined with other flows before ultimately being
discharged into the Fraser River.
The project site has been divided into thirteen sub-basins (A-M) and three off-site basins
(OS1A, OS1B and OS2). Basins OS1A and OS1B is a combination of a future development
within the Willows planning area 2W, the north half of Old Victory Road and some drainage
from the south side of the roadway being directed by a culvert into basin OS1A. The runoff
flows from basins OS1A and OS1B will be directed through the project site to the Cozens
Ditch.
Basin OS2 is an area of Old Victory Road that will sheet flow into Mountain Willow Drive.
The runoff from Basin OS2 will be combined with runoff from Basin G and will sheet flow
across the roadway at a low point now located near the intersection with Old Victory Road.
This runoff will combine with the runoff from Basin H and be directed to a curb opening just
west of Lot 1. The combined runoff will be directed toward the No Name drainage channel.
Basin M will sheet flow north into the existing wetlands to be intercepted by an existing
irrigation ditch and be directed west to the No Name drainage channel. The remaining
basins for the site will be directed to the Cozens Ditch that will in turn direct the flows to a
system of existing Wetlands Mitigation/Detention Ponds.
III. DRAINAGE DESIGN CRITERIA
The project sites drainage analysis will be completed in accordance with the Fraser
Municipal Code, Grand County Storm Drainage Design and Technical Criteria Manual and
the Urban Drainage and Flood Control Districts Urban Storm Drainage Criteria Manual,
Volumes I, II and III.
2
The Rational Method will be used for determining runoff peak flows. The development is
utilizing curb and gutter therefore the minor design storm will be the 5-year recurrence
interval, and the major design storm will be the 100-year recurrence interval. Design rainfall
data for the minor and major storm events will be per the NOAA Atlas for the Western United
States and the Time-Intensity-Frequency curves for Fraser, Colorado (Figure 410).
Hydraulic design criteria for the sizing of the storm drain inlets, storm drain pipe and drainage
channels are in accordance with the Fraser Municipal Code, Grand County Storm Drainage
Design and Technical Criteria Manual and the Urban Drainage and Flood Control Districts
Urban Storm Drainage Criteria Manual, Volumes I, II and III.
Detention for the site is to be provided for in the existing Wetlands Mitigation/Detention
Ponds mentioned previously and no new facilities are planned with this project. Water
quality treatment will be handled by the Cozens Ditch, the grassy areas that runoff flows
sheet flow over to get to the Cozens Ditch and by the two water features proposed for the
site.
IV. DRAINAGE FACILITY DESIGN
The site generally slopes from the southeast to the northwest and consists of 17 minor
basins (Basins A-M and OS1A-3) as shown on the Final Drainage Map in the Appendix. The
project site Plat Boundary is approximately 11.45-acres in size, the planning area boundary
is approximately 33.82-acres in size, and however the total drainage area being reviewed is
approximately 27.86-acres in size.
The following table is a summary of the hydrologic calculations for each drainage basin being
reviewed by this drainage report.
Table 1. Summary of Hydrologic Calculations
BasinDrainage AreaImperviousnessCCTIIQQ
5100c51005100
\[ac\]\[min\]\[in/hr\]\[in/hr\]\[cfs\]\[cfs\]
A0.8181.8%0.590.687.72.64.91.242.68
B0.5080.0%0.560.669.12.54.60.701.51
C0.2880.0%0.560.668.22.64.80.410.88
D1.9264.1%0.400.5213.22.13.91.623.94
E1.7269.8%0.450.5613.62.13.91.623.77
F1.1558.5%0.360.4913.02.14.00.882.23
G0.2180.0%0.560.665.03.05.60.350.77
H0.4865.1%0.410.538.52.54.70.491.19
I1.0660.0%0.370.508.52.54.70.992.48
J1.0210.2%0.060.2810.52.34.40.151.23
K2.2319.5%0.130.3310.42.34.40.683.19
L1.5239.5%0.240.4110.52.34.30.862.68
M2.4743.6%0.260.429.42.44.51.594.72
OS1A7.5547.7%0.290.4410.22.44.45.1414.53
OS1B4.3550.1%0.300.459.92.44.53.148.67
OS20.5936.9%0.230.405.03.05.60.401.30
3
Basin A has a drainage area of 0.81-acres and consists of the eastern half of Willow Drive,
the cul-de-sac and a portion of the front of the adjacent Lots 59-70. The runoff will be
collected by gutters and directed to a low point on the western side of the cul-de-sac at
Design Point 1 where the accumulated flows will be directed through a proposed curb
opening and shallow swale to the proposed Cozens Ditch. These flows will be directed by
the ditch to the water feature Pond #1.
Basin B has a drainage area of 0.50-acres and consists of the western half of Willow Drive
and a portion of the southern half of Mountain Willow Drive. The runoff will be collected by
gutters and directed west to a low point at Design Point 3B opposite the entrance to Coyote
Willow Ct. (initially called Road B). A proposed crosspan will direct the flows across
Mountain Willow Drive into the easterly curb of Coyote Willow Ct.
Basin C has a drainage area of 0.28-acres and consists of a portion of the southern half of
Mountain Willow Drive. The runoff will be collected by gutters and directed east to a low
point at Design Point 3 opposite the entrance to Coyote Willow Ct. A proposed crosspan will
direct the flows across Mountain Willow Drive into the westerly curb of Coyote Willow Ct.
Basin D has a drainage area of 1.92-acres and consists of the eastern half of Bluestem
Willow Drive (initially called Road C), a portion of the northern half of Mountain Willow Drive
and portions of the adjacent Lots 44-58. The runoff will be collected by gutters and directed
to a cross pan at Design Point 2 at the entrance to Bluestem Willow Drive. These flows will
combine with the flows from Basins B and E and be directed by gutters into the Coyote
Willow Court cul-de-sac.
Basin E has a drainage area of 1.72-acres and consists of the western half of Bluestem
Willow Drive, a portion of the northern half of Mountain Willow Drive, the eastern half of
Coyote Willow Ct. and portions of the adjacent Lots 25-44. The runoff will be combined with
the flows from Basins B and D and be directed by gutters into the Coyote Willow Court cul-
de-sac to the proposed curb opening at Design Point 4.
Basin F has a drainage area of 1.15-acres and consists of the western half of Coyote Willow
Court, a portion of the northern half of Mountain Willow Drive, and portions of the adjacent
Lots 7-24. The runoff will be directed by gutters into the Coyote Willow Court cul-de-sac to
the proposed curb opening at Design Point 4. These flows will be combined with those from
Basins B, C, D and E and be directed through a proposed curb opening to sheet flow into a
drainage swale. This drainage swale will direct the runoff around the north end of Lots 25-27
connecting to the proposed redirected Cozens Ditch from the water feature Pond #2 and
continue north to discharge into the existing wetland mitigation/detention ponds Cell A north
of the site.
Basin OS2 has a drainage area of 0.59-acres and consists of a portion of the northern half of
Old Victory Road and the slope which the flows sheet flow down into Mountain Willow Drive.
Basin G has a drainage area of 0.21-acres and consists of a portion of the southern half of
Mountain Willow Drive. These combined flows are directed by gutters to a low point at
Design Point 5. The combined runoff flows from Basins G and OS2 will be spilled from the
gutter to sheet flow across Mountain Willow Drive at a low point near the intersection with
Old Victory Road.
Basin H has a drainage area of 0.48-acres and consists of a portion of the northern half of
Mountain Willow Drive and portions of the adjacent Lots 1-7. The runoff will be directed by
4
gutters to a low point in the gutter at Design Point 6. These flows will be combined with flows
from Basins G and OS2 and will pass through a curb opening located just west of Lot 1. The
combined runoff will be directed toward the No Name drainage channel.
Basin I has a drainage area of 1.06-acres and consists of the back portion of Lots 59-70.
The runoff from these lots will sheet flow across the meadow and ultimately enter the existing
Wetland Mitigation/Detention ponds north of the site.
Basin J has a drainage area of 1.02-acres and consists of a portion of Lots 53-58, the open
area around the water feature Pond #1 and Pond #1. The runoff flows will sheet flow into the
Pond #1 and be directed by the proposed Cozens Ditch to the water feature Pond #2.
Basin K has a drainage area of 2.23-acres and consists of a portion of Lots 31-52, the open
area downhill of the water feature Pond #1, a portion of the Cozens Ditch, the open area
around water feature Pond #2 and the Pond #2. The runoff flows will sheet flow into the
Cozens Ditch and Pond #2, then be directed by the proposed Cozens Ditch to an existing
ditch that directs the flows into the existing wetland mitigation/detention ponds Cell A north of
the site.
Basin L has a drainage area of 1.52-acres and consists of a portion of Lots 23-30, the open
area adjacent to these lots and a portion of the Cozens Ditch. The runoff flows will sheet
flow into a proposed drainage swale and the relocated Cozens Ditch. The proposed
drainage swale will direct the runoff around the north end of Lots 25-27 connecting to the
proposed redirected Cozens Ditch from the water feature Pond #2 that will in turn direct the
flows north to a system of existing Wetlands Mitigation/Detention Ponds north of the site.
Basin M has a drainage area of 2.47-acres and consists of a portion of Lots 1-22 and the
open area adjacent to these lots. The runoff flows will sheet flow into the meadow to be
intercepted by an existing irrigation ditch and be directed west to the No Name drainage
channel.
Offsite Basins OS1A and OS1B have a combined drainage area of 11.90-acres and consists
of a Future Development parcel within the Willows Planning area 2W, a portion of the
northern half of Old Victory Road and some drainage from the south side of Old Victory Road
being directed by an existing culvert into basin OS1A. The runoff flows from these two
basins have the opportunity to be directed through the project site to the Cozens Ditch at two
locations; a proposed culvert that passes under Mountain Willow Drive and discharges into a
drainage swale located between Lots 52 and 53 discharging into the water feature Pond #1,
and via street flows to the above mentioned proposed curb opening at Design Point 4 in
Coyote Willow Courts cul-de-sac.
The runoff flows from basin OS1A including the flows from the existing culvert under Old
Victory Road will be directed to a proposed culvert at Design Point 3A. This culvert will direct
the flows under Mountain Willow Drive discharging into a drainage swale. This drainage
swale will be located in an easement between Lots 52 and 53 and discharge into the water
feature Pond #1.
The runoff flows from basin OS1B will be directed to the two proposed Crosspans at Design
Points 3 and 3B. The runoff flows will be directed across Mountain Willow Drive and
continue to be directed by the Coyote Willow Court gutters to the above mentioned proposed
curb opening at Design Point 4. Basins OS1A and OS1B have been divided in such a
5
manner as to maximize the area of basin OS1A that can be directed to a proposed culvert at
Design Point 3A while limiting the effect of allowing basin OS1B to gutter flow into Mountain
Willow Drive and Coyote Willow Court without exceeding the minor storm capacity of those
two roadways.
Water quality for the site will be provided for with the use of grass lined swales, naturally
vegetated areas to accommodate sheet flowing runoff and the two water feature ponds. The
existing Wetland Mitigation/Detention ponds, cells A, B and C, will be utilized for the required
detention for the project site.
Carroll & Lange-Manhard performed an analysis of the existing Wetland Mitigation ponds
(cells A, B and C) in regards to preliminary volume availability and ultimate release rates for
the detention requirements for the Town Center at Grand Park (Memo dated December 2,
2009). Additional analysis was performed to determine the total detention volume available
between the three cells (Supporting Calculation dated December 11, 2009). Based on these
two documents (included in the Appendix), for cells A, B and C, there is 1.21 ac-ft, 1.21 ac-ft
and 1.41 ac-ft respectively for a total of 3.83 ac-ft of storage and a maximum outflow rate
through the weirs of Cell C at a depth of 0.8 of 34.66 cfs. Currently, the Town Center at
Grand Park is utilizing for the major storm event (100-year), 1.51 ac-ft of detention volume
and a release rate of 10.46 cfs. The Willows project has a total available of 2.32 ac-ft of
detention volume.
Runoff flows from Design Point 6 (Basins G, H and OS2) and Basin M that discharge into the
No Name drainage channel will eventually flow into an existing pond that is not associated
with the previously studied wetland cells A, B and C. Therefore, the required detention
volume in the wetland cells A, B and C will be increased to account for the undetained flows
from Basins G, H, OS2 and M. Utilizing the same release rates per acre as the Town Center
at Grand Park, it was determined that the project site release rates for the 10-year and 100-
year events were 6.41 cfs and 23.68 cfs respectively.
With the runoff flows from Basins G, H, OS2 and M being released undetained, the release
rates from the detention pond were reduced by these undetained flows. The detention
volume required was then determined using Urban Drainages Modified FAA Method. The
over detention volume required was determined to be 0.79 ac-ft and 1.11 ac-ft for the 10-
year and 100-year storm events respectively. After deducting the major storm event
detention volume required for the project site, there is still 1.21 ac-ft of available detention
volume within the wetland cells A, B and C. Adding together the total discharge rate through
the cell C weirs for the Town Center at Grand Park and this project site (26.47 cfs), the depth
of flow through the weirs is 0.67 which is less than the maximum 0.8 indicated in the Carroll
& Lange-Manhard report.
The NRCS has indicated that the existing soils on the site may be low to moderately
susceptibility to sheet and rill erosion by water. However, the soils may be more susceptible
to wind erosion (see reports in Appendix). Though the project site is currently covered with
native vegetation and some trees, the ground will be susceptible to both wind and water
erosion during grading activities. To minimize these effects, appropriate best management
practices will be employed during construction. These include vehicle-tracking control,
watering of the site, straw logs, rock check dams, temporary vegetation and disking of the
soil perpendicular to the prevailing wind direction.
6
V. CONCLUSIONS
This Final Drainage report has been prepared in accordance with the Fraser Municipal Code,
Grand County Storm Drainage Design and Technical Criteria Manual and the Urban
Drainage and Flood Control Districts Urban Storm Drainage Criteria Manual, Volumes I, II
and III regulations. This report and the accompanying attachments in the Appendix,
demonstrate that sufficient analysis and design has been performed to ensure that storm
runoff due to the development of this project will be safely conveyed and released without
detriment to the downstream facilities. As this project moves forward, the designs of the
storm drainage system will follow the recommendations indicated in this report.
VI. REFERENCES
Fraser Municipal Code, updated April 2014.
Grand County, Storm Drainage Design and Technical Criteria Manual, August 1, 2006.
Urban Drainage and Flood Control District, Urban Storm Drainage Criteria Manual, Volumes
1-3, Revised November 2010.
Old Victory Road Final Drainage Report, Carroll & Lange, Inc., Revised October 10, 2005.
Storm Drainage Master Plan Report for Grand Park, High Country Engineering, Inc., Revised
February 17, 2006.
Old Victory Road and Main Street Phase II Final Drainage Report, Carroll & Lange, Inc.,
Revised May16, 2008.
Town Center at Grand Park Wetland Pond Weir Outlet, Carroll & Lange-Manhard, December
2, 2009.
7
Appendix
TOWN OF FRASER
GRAND PARK
THE WILLOWS
PLANNING AREA 2W.1
TOWN OF WINTER PARK
SITE IMPERVIOUSNESS
Project Name: Willows
Project No.14079
Calculated By: FGF
Checked By: LEP
Date: 9/10/2014
Area Basin
ImperviousnessImperviousness
Basin IDArea \[sf\]Area \[ac\]Imp. \[%\]
OS1A
Roofs43,100.000.9990%0.89
7.55
Walks & Drives12,976.000.3090%0.27
47.7%
ac
Lawns203,324.004.672%0.09
Streets69,500.001.60100%1.60
OS1B
Roofs40,850.000.9490%0.84
4.35
Walks & Drives2,864.000.0790%0.06
50.1%
ac
Lawns111,240.002.552%0.05
Streets34,421.000.79100%0.79
OS2
Roofs0.000.0090%0.00
0.59
Walks & Drives4,503.000.1090%0.09
36.9%
ac
Lawns16,081.000.372%0.01
Streets5,116.000.12100%0.12
A
Lots15,582.000.3660%0.21
0.81
Walks & Drives0.000.0090%0.00
81.8%
ac
Lawns0.000.000%0.00
Streets19,519.000.45100%0.45
B
Roofs0.000.0090%0.00
0.50
Walks & Drives0.000.0090%0.00
80.0%
ac
Lawns0.000.002%0.00
Streets21,780.000.5080%0.40
C
Roofs0.000.0090%0.00
0.28
Walks & Drives0.000.0090%0.00
80.0%
ac
Lawns0.000.002%0.00
Streets12,004.000.2880%0.22
D
Lots60,872.001.4060%0.84
1.92
Walks & Drives0.000.0090%0.00
64.1%
ac
Lawns5,761.000.132%0.00
Streets16,960.000.39100%0.39
E
Lots53,110.001.2260%0.73
1.72
Walks & Drives0.000.0090%0.00
69.8%
ac
Lawns1,308.000.032%0.00
Streets20,427.000.47100%0.47
F
Lots16,977.000.3960%0.23
1.15
Walks & Drives0.000.0090%0.00
58.5%
ac
Lawns14,262.000.332%0.01
Streets18,855.000.43100%0.43
G
Lots0.000.0060%0.00
0.21
Walks & Drives0.000.0090%0.00
80.0%
ac
Lawns0.000.002%0.00
Streets9,325.000.2180%0.17
H
Lots6,108.000.1460%0.08
0.48
Walks & Drives0.000.0090%0.00
65.1%
ac
Lawns4,962.000.112%0.00
Streets9,839.000.23100%0.23
I
Lots46,174.001.0660%0.64
1.06
Walks & Drives0.000.0090%0.00
60.0%
ac
Lawns0.000.002%0.00
Streets0.000.00100%0.00
J
Lots6,324.000.1560%0.09
1.02
Walks & Drives0.000.0090%0.00
10.2%
ac
Lawns37,924.000.872%0.02
Streets0.000.00100%0.00
K
Lots29,303.000.6760%0.40
2.23
Walks & Drives0.000.0090%0.00
19.5%
ac
Lawns67,723.001.552%0.03
Streets0.000.00100%0.00
L
Lots40,960.000.9460%0.56
1.52
Walks & Drives1,248.000.0390%0.03
39.5%
ac
Lawns23,897.000.552%0.01
Streets0.000.00100%0.00
M
Lots77,173.001.7760%1.06
2.47
Walks & Drives0.000.0090%0.00
43.6%
ac
Lawns30,521.000.702%0.01
Streets0.000.00100%0.00
Total Site
49.3%
27.86 ac
Note: The % Imperviousness for Basins OS1A and OS1B were based on an illustrative future conceptual plan plus 10%.
Tt (min)
Velocity (fps)
Length (ft)
Pipe Size (inches)
Slope (%)
Design Flow (cfs)
Street Flow (cfs)
Slope (%)
Q (cfs)
I (in/hr)
C*A (Ac)
Tc (min)
Q (cfs)
I (in/hr)
C*A (Ac)
Tc (min)
Runoff Coeff.
Area (Ac)
Area Design.
Design Point
Tt (min)
Velocity (fps)
Length (ft)
Pipe Size (inches)
Slope (%)
Design Flow (cfs)
Street Flow (cfs)
Slope (%)
Q (cfs)
I (in/hr)
C*A (Ac)
Tc (min)
Q (cfs)
I (in/hr)
C*A (Ac)
Tc (min)
Runoff Coeff.
Area (Ac)
Area Design.
Design Point
DETENTION VOLUME BY THE MODIFIED FAA METHOD
Willows at Grand Park
Project:
Wetland Mitigation/Detention -- Over Detention Volume Required
Basin ID:
(For catchments less than 160 acres only. For larger catchments, use hydrograph routing method)
(NOTE: for catchments larger than 90 acres, CUHP hydrograph and routing are recommended)
Determination of MINOR Detention Volume Using Modified FAA MethodDetermination of MAJOR Detention Volume Using Modified FAA Method
Design Information (Input):Design Information (Input):
Catchment Drainage ImperviousnessI =49.30percentCatchment Drainage ImperviousnessI =49.30percent
aa
Catchment Drainage AreaA =27.860acresCatchment Drainage AreaA =27.860acres
Predevelopment NRCS Soil GroupType =BA, B, C, or DPredevelopment NRCS Soil GroupType =BA, B, C, or D
Return Period for Detention ControlT =10years (2, 5, 10, 25, 50, or 100)Return Period for Detention ControlT =100years (2, 5, 10, 25, 50, or 100)
Time of Concentration of WatershedTc =17minutesTime of Concentration of WatershedTc =17minutes
Allowable Unit Release Rateq =0.13cfs/acreAllowable Unit Release Rateq =0.57cfs/acre
One-hour PrecipitationP =1.01inchesOne-hour PrecipitationP =1.64inches
11
Design Rainfall IDF Formula i = C* P/(C+T)^CDesign Rainfall IDF Formula i = C* P/(C+T)^C
112c3 112c3
Coefficient OneC =28.50 Coefficient OneC =28.50
11
Coefficient TwoC =10 Coefficient TwoC =10
22
Coefficient ThreeC =0.789 Coefficient ThreeC =0.789
33
Determination of Average Outflow from the Basin (Calculated):Determination of Average Outflow from the Basin (Calculated):
Runoff CoefficientC =0.40Runoff CoefficientC =0.52
Inflow Peak RunoffQp-in =23.96cfsInflow Peak RunoffQp-in =50.57cfs
Allowable Peak Outflow RateQp-out =3.68 cfsAllowable Peak Outflow RateQp-out =16.01 cfs
Mod. FAA Minor Storage Volume = 34,515 cubic feetMod. FAA Major Storage Volume = 48,461 cubic feet
Mod. FAA Minor Storage Volume = 0.792acre-ftMod. FAA Major Storage Volume = 1.113acre-ft
5<- Enter Rainfall Duration Incremental Increase Value Here (e.g. 5 for 5-Minutes)
RainfallRainfallInflowAdjustmentAverageOutflowStorageRainfallRainfallInflowAdjustmentAverageOutflowStorage
DurationIntensityVolumeFactorOutflowVolumeVolumeDurationIntensityVolumeFactorOutflowVolumeVolume
minutesinches / hracre-feet"m"cfsacre-feetacre-feetminutesinches / hracre-feet"m"cfsacre-feetacre-feet
(input)(output)(output)(output)(output)(output)(output)(input)(output)(output)(output)(output)(output)(output)
3.400.2611.003.680.0250.23555.520.5511.0016.010.1100.440
5
102.710.4161.003.680.0510.365104.400.8771.0016.010.2210.657
152.270.5231.003.680.0760.447153.691.1041.0016.010.3310.773
201.970.6040.923.390.0930.510203.191.2740.9214.730.4060.869
251.740.6680.843.080.1060.562252.831.4110.8413.380.4610.950
301.570.7220.782.870.1190.603302.541.5230.7812.490.5161.007
351.430.7670.742.720.1310.636352.321.6200.7411.850.5711.048
401.310.8070.712.610.1440.663402.131.7030.7111.370.6261.077
451.220.8420.692.530.1570.685451.981.7770.6910.990.6811.096
501.140.8740.672.460.1690.704501.851.8440.6710.690.7371.107
551.070.9020.652.400.1820.720551.741.9040.6510.450.7921.113
601.010.9280.642.360.1950.734601.641.9590.6410.250.8471.113
650.950.9520.632.320.2070.745651.552.0100.6310.070.9021.108
700.910.9750.622.280.2200.755701.472.0570.629.930.9571.100
750.860.9950.612.250.2330.763751.402.1010.619.801.0121.089
800.831.0150.612.230.2450.770801.342.1430.619.691.0671.075
850.791.0330.602.200.2580.775851.292.1810.609.591.1221.059
900.761.0510.592.180.2710.780901.242.2180.599.501.1781.040
950.731.0670.592.170.2830.784951.192.2530.599.421.2331.020
1000.711.0830.582.150.2960.7871001.152.2860.589.351.2880.998
1050.681.0980.582.130.3090.7891051.112.3180.589.291.3430.975
1100.661.1120.582.120.3210.7911101.072.3480.589.231.3980.950
1150.641.1260.572.110.3340.7921151.042.3770.579.171.4530.923
1200.621.1390.572.100.3470.7921201.002.4040.579.131.5080.896
1250.601.1520.572.090.3590.7921250.972.4310.579.081.5640.868
1300.581.1640.562.080.3720.7921300.952.4570.569.041.6190.838
1350.571.1760.562.070.3850.7911350.922.4820.569.001.6740.808
1400.551.1870.562.060.3970.7901400.902.5060.568.971.7290.777
1450.541.1980.562.050.4100.7881450.872.5290.568.931.7840.745
1500.521.2090.562.050.4230.7861500.852.5510.568.901.8390.712
1550.511.2190.552.040.4350.7841550.832.5730.558.871.8940.679
1600.501.2290.552.030.4480.7811600.812.5940.558.851.9490.645
1650.491.2390.552.030.4610.7781650.792.6150.558.822.0050.610
1700.481.2480.552.020.4730.7751700.782.6350.558.802.0600.575
1750.471.2580.552.020.4860.7711750.762.6540.558.772.1150.540
1800.461.2670.552.010.4990.7681800.742.6730.558.752.1700.504
1850.451.2750.552.010.5110.7641850.732.6920.558.732.2250.467
1900.441.2840.542.000.5240.7601900.712.7100.548.712.2800.430
1950.431.2920.542.000.5370.7551950.702.7280.548.692.3350.392
2000.421.3000.541.990.5490.7512000.692.7450.548.682.3900.354
2050.421.3080.541.990.5620.7462050.682.7620.548.662.4460.316
2100.411.3160.541.990.5750.7412100.662.7780.548.652.5010.278
2150.401.3240.541.980.5870.7362150.652.7940.548.632.5560.239
2200.391.3310.541.980.6000.7312200.642.8100.548.622.6110.199
2250.391.3390.541.980.6130.7262250.632.8260.548.602.6660.160
2300.381.3460.541.970.6250.7202300.622.8410.548.592.7210.120
2350.381.3530.541.970.6380.7152350.612.8560.548.582.7760.080
2400.371.3600.541.970.6510.7092400.602.8710.548.572.8320.039
2450.361.3670.531.970.6640.7032450.592.8850.538.552.887-0.002
2500.361.3730.531.960.6760.6972500.582.8990.538.542.942-0.043
2550.351.3800.531.960.6890.6912550.572.9130.538.532.997-0.084
2600.351.3860.531.960.7020.6852600.562.9270.538.523.052-0.125
2650.341.3930.531.960.7140.6792650.562.9400.538.513.107-0.167
2700.341.3990.531.950.7270.6722700.552.9530.538.503.162-0.209
2750.331.4050.531.950.7400.6662750.542.9660.538.493.217-0.251
2800.331.4110.531.950.7520.6592800.532.9790.538.493.273-0.294
2850.321.4170.531.950.7650.6522850.532.9920.538.483.328-0.336
2900.321.4230.531.950.7780.6452900.523.0040.538.473.383-0.379
2950.321.4290.531.940.7900.6392950.513.0160.538.463.438-0.422
3000.311.4350.531.940.8030.6323000.513.0280.538.453.493-0.465
3050.311.4400.531.940.8160.6253050.503.0400.538.453.548-0.508
Mod. FAA Minor Storage Volume (cubic ft.) =34,515Mod. FAA Major Storage Volume (cubic ft.) =48,461
Mod. FAA Minor Storage Volume (acre-ft.) =0.7924Mod. FAA Major Storage Volume (acre-ft.) =1.1125
UDFCD DETENTION BASIN VOLUME ESTIMATING WORKBOOK Version 2.34, Released November 2013
FAA Over Detention Calc--UD-Detention_v2.34.xls9/10/2014
DETENTION VOLUME BY THE MODIFIED FAA METHOD
Willows at Grand Park
Project:
Wetland Mitigation/Detention -- Over Detention Volume Required
Basin ID:
Inflow and Outflow Volumes vs. Rainfall Duration
4
3.5
3
2.5
2
1.5
1
0.5
0
050100150200250300350
Duration (Minutes)
Minor Storm Inflow VolumeMinor Storm Outflow VolumeMinor Storm Storage VolumeMajor Storm Inflow VolumeMajor Storm Outflow VolumeMajor Storm Storage Volume
UDFCD DETENTION BASIN VOLUME ESTIMATING WORKBOOK Version 2.34, Released November 2013
FAA Over Detention Calc--UD-Detention_v2.34.xls9/10/2014
GRAND PARK
FINAL DRAINAGE MAPTHE WILLOWS AT
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September 18, 2014
Grand County Board of County Commissioners
Board of County Commissioners
P.O. Box 264/ 308 Byers Avenue
Hot Sulphur Springs, CO 80451
SUBJECT: TRANSPORTATION PLANNING AND IMPLEMENTATION
Dear Commissioners:
I am writing on behalf of the Town of Fraser to confirm our support (as evidenced by a unanimous
vote of the Town Board of Trustees) of the recommendation by the Transportation Task Force
that Grand County establish and fund a position dedicated to transportation planning and
implementation. Transportation is matter of great importance throughout Grand County and
merits additional investment. The Town of Fraser is further committed to participate and support
these efforts.
It is our understanding that the goals for this position are as follows:
1. Improve transportation alternatives through Grand County along the county's major
roadways - US 40, US 34 and US 9. Begin by working with a consultant to quantify
needs and assess community tolerance for local funding options.
2. Inventory existing transportation resources, including and beyond those available through
Winter Park Resort. Identify how these resources can be coordinated to provide more
complete public transportation access to county services, amenities and businesses,
including implementing software for coordination and marketing system to potential
users.
3. Identify key stakeholders and possibilities for developing rail service between Denver and
Grand County, building on the ski train concept to service all parts of Grand County.
Forum attendees noted that the lower need for trains to transport coal may provide
opportunities for other uses of the rail line from Denver and through Grand County.
4. Identify ways to improve access to Grand County by building on current airport
resources.
5. Identify funding sources, partnerships and mechanisms to leverage local funding as
many other Colorado communities have successfully done to support their public
transportation systems.
We appreciate your support in addressing transportation deficiencies that affect our communities
and look4enNardto continued collaboration.
Sincerely,
Jeffrey L. Durbin
Town Manager
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
Subsurface Exploration Program
Willows Subdivision Pavement Section
Grand Park Development
Fraser, Colorado
Prepared For:
Grand Park Development
P.O. Box 1713
Fraser, Colorado 80442
Attention: Mr. Clark Lipscomb
Job Number: 14-2010July 21, 2014
TABLE OF CONTENTS
Page
Purpose and Scope of Study ...................................................................................... 1
Proposed Construction ................................................................................................ 1
Site Conditions ............................................................................................................ 1
Regional Geology........................................................................................................ 2
Subsurface Exploration ............................................................................................... 3
Laboratory Testing ...................................................................................................... 3
Subsurface Conditions ................................................................................................ 3
Project Earthwork ........................................................................................................ 4
Excavation Considerations ............................................................................................. 7
Pavement Sections ........................................................................................................ 8
Closure and Limitations .............................................................................................. 12
Locations of Test Pits ........................................................................................ Figure 1
Logs of Test Pits ............................................................................................... Figure 2
Legend and Notes ............................................................................................ Figure 3
Summary of Laboratory Test Results ................................................................ Table 1
Pavement Section Calculations ..................................................................... Appendix A
Subsurface Exploration Program
Willows Subdivision Pavement Section
Fraser, Colorado
PURPOSE AND SCOPE OF STUDY
This report presents the results of a subsurface exploration program performed by
GROUND Engineering Consultants, Inc. (GROUND) to provide pavement sections for
the proposed roadways to be located in the Willows Subdivision of the Grand Park
development site in Fraser, Colorado. Our study was conducted in general accordance
with GROUND’s Proposal No. 1406-1007, dated June 26, 2014.
Field and office studies provided information obtained at the test pit locations regarding
surface and subsurface conditions, including the existing site vicinity improvements.
Material samples retrieved during the subsurface exploration were tested in our
laboratory to assess the engineering characteristics of the site earth materials, and
assist in the development of our geotechnical recommendations. Results of the field,
office, and laboratory studies are presented below.
This report has been prepared to summarize the data obtained and to present our
conclusions and recommendations based on the proposed construction and the
subsurface conditions encountered. Design parameters and a discussion of engineering
considerations related to construction of the proposed improvements are included
herein.
PROPOSED CONSTRUCTION
We understand that the proposed improvements will consist of approximately 2,000
linear feet of two-lane asphalt surfaced roadways. Grading information was unavailable
at the time of this report preparation. However, based on the existing topography, it
appears that cuts and fills up to about 2.5 feet may be necessary to facilitate the site
grading.
SITE CONDITIONS
At the time of our subsurface exploration, the project site existed as partially developed
land with existing sanitary sewer and waterline improvements installed within the
proposed roadways. The site was bordered by an open-space meadow to the northeast
and Old Victory Road to the southwest. Approximately 4 to 6 feet of existing
embankment fill was observed near the Old Victory Road alignment. The general
topography across the site was relatively flat with slopes of approximately 2 to 10
percent generally descending northerly, based solely on observations.
Ground Engineering Consultants, Inc.
Job No. 14-2010 Page 1
Subsurface Exploration Program
Willows Subdivision Pavement Section
Fraser, Colorado
REGIONAL GEOLOGY
1
Published maps (e.g., Shroba, Bryant, Kellogg, Theobald and Brandt, 2010) depict the
site as underlain by late Pleistocene glacial outwash composed of poorly sorted, cobbly
pebble gravel deposited by meltwater streams during the Pinedale glaciation. Lenses of
pebble gravel, pebbly sand, and fine to medium sand are noted as well as small
boulders deposited near the outer limit of glaciation. Thin layers of slightly pebbly silty
sand and sandy silt and sandy clayey silt locally overlie the gravel.
Approximate project site
1
Shroba, Bryant, Kellogg, Theobald and Brandt, 2010, Geologic Map of the Fraser 7.5-minute quadrangle,
Grand County, Colorado: U.S. Geological Survey Scientific Investigations Map 3130, 26 page pamphlet.
Ground Engineering Consultants, Inc.
Job No. 14-2010 Page 2
Subsurface Exploration Program
Willows Subdivision Pavement Section
Fraser, Colorado
SUBSURFACE EXPLORATION
The subsurface exploration for the project was conducted on June 26, 2014. As
requested by the Client, a total of four (4) test pits were excavated to depths of
approximately 5 to 7 feet below the existing grades using a Client provided track-
mounted excavator to evaluate the subsurface conditions as well as to retrieve soil
samples for laboratory testing and analysis. The test pits were excavated within the
proposed roadway alignment.A representative of GROUND directed the subsurface
exploration, logged the test pits in the field, and prepared the soil samples for transport
to our laboratory.
The approximate locations of the test pits are shown in Figure 1. Logs of the exploratory
test pits are presented in Figure 2. Explanatory notes and a legend are provided in
Figure 3. Locations of test pits were measured approximately by pacing off of existing
features.
LABORATORY TESTING
Samples retrieved from our test pits were examined and visually classified in the
laboratory by the project engineer. Laboratory testing of soil samples obtained from the
subject site included standard property tests, such as natural moisture contents, grain
size analyses, and Atterberg limits. R-value testing was performed on representative
composite samples of the soils as well. Laboratory tests were performed in general
accordance with applicable ASTM and AASHTO protocols. Results of the laboratory
testing program are summarized on Table 1.
SUBSURFACE CONDITIONS
The subsurface conditions encountered in Test Pits 1 and 2 generally consisted of
clayey to silty sands and gravels with cobbles and boulders. Approximately 2 to 7 feet of
fill material composed of sandy clays to clayey sands with gravel cobbles was
encountered in Test Pits 3 and 4 overlying clayey sands and gravels with cobbles and
boulders that extended to test pit termination depths of approximately 5 to 7 feet below
existing grades.
Fill consisted of sandy clays to clayey sands with gravel and cobbles. They were fine to
coarse grained with gravel and cobbles, moist, medium plastic, stiff to medium dense,
and brown in color.
Ground Engineering Consultants, Inc.
Job No. 14-2010 Page 3
Subsurface Exploration Program
Willows Subdivision Pavement Section
Fraser, Colorado
Sands and Gravels were clayey to silty sands and gravels with cobbles and boulders.
They were fine to coarse grained with gravel, cobbles and boulders, moist to very moist,
non to medium plastic, medium dense to very dense, occasionally iron stained, and
brown to gray-brown in color.
Groundwater was not encountered in the test pits at the time of the subsurface
exploration program. Based on our experience with projects in the Grand Park area,
shallow groundwater conditions and water seepage in material cuts have been
encountered within the project vicinity during construction of utilities, foundations, cut
slopes, etc. Groundwater levels can be expected to fluctuate in response to annual and
longer-term cycles of precipitation, irrigation, surface drainage, nearby rivers and creeks,
land use, and the development of transient, perched water conditions, and may be much
shallower to near surface seasonally.
PROJECT EARTHWORK
General Considerations: Site grading should be performed as early as possible in the
construction sequence to allow settlement of fills and surcharged ground to be realized
to the greatest extent prior to subsequent construction.
Prior to earthwork construction, vegetation and other deleterious materials should be
removed and disposed of off-site. Relic underground utilities should be abandoned in
accordance with applicable regulations, removed as necessary, and properly capped. A
Geotechnical Engineer should be retained to test the excavation backfill during
placement.
Topsoil present on-site should not be incorporated into ordinary fills. Instead, topsoil
should be stockpiled during initial grading operations for placement in areas to be
landscaped or for other approved uses.
Existing Fill Soils: Man-made fill materials were encountered in the test pits during the
subsurface exploration. It appears that the man-made fill materials are suitable for reuse.
If fill materials other than those identified in this report are encountered at the time of
construction, a Geotechnical Engineer should be retained to observe the excavated fill
materials and provide recommendations.
Ground Engineering Consultants, Inc.
Job No. 14-2010 Page 4
Subsurface Exploration Program
Willows Subdivision Pavement Section
Fraser, Colorado
Use of Existing Native Soils: Overburden soils that are free of trash, organic material,
construction debris, and other deleterious materials are suitable, in general, for
placement as compacted fill. Organic materials should not be incorporated into project
fills.
Fragments of rock, cobbles, and inert construction debris (e.g., concrete or asphalt)
larger than 6 inches in maximum dimension will require special handling and/or
placement to be incorporated into project fills. Approximately 5 to 10 percent of the
native subsurface materials encountered may be cobbles or boulders larger than 6
inches in size. In general, such materials should be placed as deeply as possible in the
project fills, placed in non-structural areas, or exported off site. A Geotechnical Engineer
should be consulted regarding appropriate recommendations for usage of such materials
on a case-by-case basis when such materials have been identified during earthwork.
Standard recommendations that likely will be generally applicable can be found in
Section 203 of the current CDOT Standard Specifications for Road and Bridge
Construction.
Imported Fill Materials: If it is necessary to import material to the site, the imported
soils should be free of organic material, and other deleterious materials. Imported
material should consist of soils that have less than 30 percent passing the No. 200 Sieve
and should have a plasticity index of less than 10. Representative samples of the
materials proposed for import should be tested and approved by the Geotechnical
Engineer prior to transport to the site.
Fill Platform Preparation: Prior to filling, the top 8 to 12 inches of in-place materials on
which fill soils will be placed should be scarified, moisture conditioned and properly
compacted in accordance with the recommendations below to provide a uniform base for
fill placement. If surfaces to receive fill expose loose, wet, soft or otherwise deleterious
material, additional material should be excavated, or other measures taken to establish a
firm platform for filling. The surfaces to receive fill must be effectively stable prior to
placement of fill.
Fill Placement: Fill materials should be thoroughly mixed to achieve a uniform moisture
content, placed in uniform lifts not exceeding 8 inches in loose thickness, and properly
compacted.
Ground Engineering Consultants, Inc.
Job No. 14-2010 Page 5
Subsurface Exploration Program
Willows Subdivision Pavement Section
Fraser, Colorado
Fill materials should be placed in accordance with CDOT’s moisture and density
specifications.
No fill materials should be placed, worked, or rolled while they are frozen, thawing, or
during poor/inclement weather conditions.
Care should be taken with regard to achieving and maintaining proper moisture contents
during placement and compaction. Materials that are not properly moisture conditioned
may exhibit significant pumping, rutting, and deflection at moisture contents near
optimum and above. The contractor should be prepared to handle soils of this type,
including the use of chemical stabilization, if necessary.
Compaction areas should be kept separate, and no lift should be covered by another
until relative compaction and moisture content within the recommended ranges are
obtained.
Settlements: Settlements will occur in filled ground, typically on the order of 1 to 2
percent of the fill depth. If fill placement is performed properly and is tightly controlled, in
GROUND’s experience the majority (on the order of 60 to 80 percent) of that settlement
will typically take place during earthwork construction, provided the contractor achieves
the compaction levels recommended herein. The remaining potential settlements likely
will take several months or longer to be realized, and may be exacerbated if these fills
are subjected to changes in moisture content.
Cut and Filled Slopes: Permanent site slopes supported by on-site soils up to 10 feet
in height may be constructed no steeper than 3 : 1 (horizontal : vertical). Minor raveling
or surficial sloughing should be anticipated on slopes cut at this angle until vegetation is
well re-established. Surface drainage should be designed to direct water away from
slope faces.
Soft and Wet Subgrade Conditions: The following recommendations should be
considered where soft, wet, and unstable subgrade conditions are encountered:
a. In areas where apparently stable conditions are found, the subgrade should be
proof-rolled.
b. Pockets of weak or pumping soils should be excavated and replaced with pre-
approved coarse granular fill (pit run) or road base. The depth of over-excavation
will be on the order of 1 to 2 feet or more to provide a stable surface. The use of
Ground Engineering Consultants, Inc.
Job No. 14-2010 Page 6
Subsurface Exploration Program
Willows Subdivision Pavement Section
Fraser, Colorado
recycled concrete aggregate may be a cost effective alternative in this
application.
c. In cases where placement of coarse aggregate fill does not result in stable
®
conditions, it will be necessary to place a woven geotextile, Mirafi HP370 or
equivalent fabric placed below the coarse aggregate fill.
d. The surface of the subgrade should be leveled prior to geosynthetic
reinforcement placement. Very weak or pumping soils should be excavated and
replaced with granular fill or road base for best performance. The geosynthetic
reinforcement should be placed directly on the prepared subgrade. Placement
should be performed according to manufacturers recommendations.
e. Rolls should be overlapped at least 24 inches.
f. Geosythetic reinforcement will be disturbed under the wheel loads of heavy
construction vehicles, especially track type vehicles, therefore no vehicle traffic
should be allowed over the geosynthetic reinforcement until 8 or more inches of
soil has been placed over. For very weak subgrades, a 18 to 24 inch “pioneer” or
“first” lift may be required to stabilize the subgrade. Using a “pioneer” lift may
increase total settlement.
EXCAVATION CONSIDERATIONS
The test pits for the subsurface exploration were advanced to the depths indicated
utilizing an excavator. We do not anticipate significant excavation difficulties in the
majority of the site with conventional heavy-duty excavation equipment in good working
condition. However, the equipment should be capable of handling gravels, cobbles, and
boulders.
We recommend temporary (i.e. up to several weeks), un-shored excavation slopes up to
6 feet in height be cut no steeper than 1.5(H) to 1 (V) in the on-site soils in the absence
of seepage. Some surface sloughing may occur on the slope faces at these angles.
Where seepage or flowing groundwater is encountered in shallow project excavations,
the Geotechnical Engineer should be retained to evaluate the conditions and provided
additional recommendations, as appropriate. The risk of slope instability will be
significantly increased in areas of seepage along excavation slopes.
Should site constraints prohibit the use of the recommended slope angles, temporary
shoring should be used. The shoring should be designed to resist the lateral earth
Ground Engineering Consultants, Inc.
Job No. 14-2010 Page 7
Subsurface Exploration Program
Willows Subdivision Pavement Section
Fraser, Colorado
pressure exerted by structure, traffic, equipment, and stockpiles. GROUND can provide
shoring design upon request.
As previously stated, groundwater was not encountered in the test pits at the time of
subsurface exploration. Groundwater is not anticipated to be a significant factor for
shallow earthworks during construction of this project. If seepage or groundwater is
encountered in shallow project excavations, a Geotechnical Engineer should be retained
to evaluate the conditions and provided additional recommendations, as appropriate.
Good surface drainage should be provided around temporary excavation slopes to direct
surface runoff away from the slope faces. A properly designed swale should be
provided at the top of the excavations. In no case should water be allowed to pond at
the site. Slopes should be protected against erosion. Erosion along the slopes will
result in sloughing and could lead to a slope failure. Any excavations in which personnel
will be working must comply with all OSHA Standards and Regulations (CFR 29 Part
1926). The contractor’s “responsible person” should evaluate the soil exposed in the
excavations as part of the contractor’s safety procedures. GROUND has provided the
information above solely as a service to the client, and is not assuming responsibility for
construction site safety or the contractor’s activities.
PAVEMENT SECTIONS
A pavement section is a layered system designed to distribute concentrated traffic loads
to the subgrade. Performance of the pavement structure is directly related to the
physical properties of the subgrade soils and traffic loadings. The standard care of
practice in pavement design describes the flexible pavement section as a “20-year”
design pavement period: however, most pavements will not remain in satisfactory
condition without routine maintenance and rehabilitation procedures performed
throughout the life of the pavement. Pavement sections for the roadway were developed
in general accordance with applicable Town of Fraser design guidelines and procedures
of the Colorado Department of Transportation (CDOT).
Subgrade Materials
Based on the results of our field and laboratory studies, subgrade materials encountered
in our test pits consisted predominantly of clayey sands and gravels. The majority of
these materials generally consisted of A-2-4 and A-2-6 soils in accordance with the
AASHTO classification system, with Group Index of 0.
Ground Engineering Consultants, Inc.
Job No. 14-2010 Page 8
Subsurface Exploration Program
Willows Subdivision Pavement Section
Fraser, Colorado
For the site soils, an R-value of 24 was determined through laboratory testing. However,
to allow for variance in the site soils, a resilient modulus of 4,940 (R-value 20) was
utilized to develop the recommended pavement sections. As an alternate, we are
providing pavement section options using enhanced subgrade materials consisting of a
resilient modulus of 6,849 (R-value 30) and 9,497 (R-value 40) for consideration.
Regardless of which resilient modulus (R-value) is utilized, a 2-foot minimum section is
required below the composite pavement section.
It is important to note that significant decreases in soil support as quantified by the
resilient modulus have been observed as the moisture content increases above the
optimum. Therefore, pavements that are not properly drained may experience a loss of
the soil support and subsequent reduction in pavement life.
Anticipated Traffic
Traffic loading information for the Willows Subdivision was not available at the time of
report preparation. However, based on our experience with similar projects, an
equivalent 18-kip daily load application (EDLA) value of 5 was assumed for the general
parking lot areas. The EDLA value of 5 was converted to an equivalent 18-kip single
axle load (ESAL) value of 36,500 for a 20-year design life (ESAL). If design traffic
20
loadings differ significantly from these assumed values, GROUND should be notified to
re-evaluate the pavement recommendations below.
Pavement Sections
We understand that the Client would like to consider alternate composite pavement
sections for the Willows Subdivision roads that consist of a 3 inch asphalt wearing
course over a calculated aggregate road base section (to be considered herein). It
should be noted that the Town of Fraser’s minimum asphalt section thickness is 5
inches. In our experience, design and construction of asphalt sections less than the
specified minimum require Town acceptance and/or a written variance. We have
assumed that this approach is acceptable to the Town. The calculations are based on
CDOT flexible design procedures using AASHTO DARwin methodology.
The soil resilient modulus, estimated k-value, and the indicated ESAL values were
20
used to determine the required design structural numbers for the project pavements.
The required structural number was then used to develop recommended pavement
sections. Pavement designs for flexible pavements (HBA - hot bituminous asphalt) were
Ground Engineering Consultants, Inc.
Job No. 14-2010 Page 9
Subsurface Exploration Program
Willows Subdivision Pavement Section
Fraser, Colorado
based on the DARWin™ computer program that solves the 1993 AASHTO pavement
design equations. A Reliability Level of 90 percent and a terminal serviceability of 2.5
(CDOT PDM, Tables 1.3 and 1.5, respectively) were used in the pavement section
designs for the proposed construction. Structural coefficients of 0.44 and 0.15 were
used for new hot bituminous asphalt (HBA) and aggregate base course (CDOT Class 6),
respectively. The pavement design calculations are presented in Appendix A.
The following table indicates pavement sections for the Willows Subdivision Roads.
Composite Pavement Section
R-Value
(Asphalt / Class 6 Road Base) (in)
R-203 / 7
R-204 / 4
R-303 / 5
R-403 / 4
For comparison, the tabulated composite sections are equivalent to full depth asphalt
sections of 5½”, 5” and 4½“, for R=20, 30 and 40, respectively.
Pavement Subgrade Preparation
Immediately prior to paving, the subgrade should be proof rolled with a heavily loaded,
pneumatic tired vehicle. Areas that show excessive deflection during proof rolling should
be excavated and replaced and/or stabilized. Areas allowed to pond with water prior to
paving will require significant re-working prior to proof-rolling. All subgrade preparation
must ultimately comply with roadway inspection, testing, and construction procedures
outlined by the Town of Fraser.
Pavement subgrade materials should be compacted in accordance with the Project
Earthworksection of this report. Subgrade preparation should extend the full width of
the pavement from back-of-curb to back-of-curb and also extend under the adjacent
sidewalks if attached.
Ground Engineering Consultants, Inc.
Job No. 14-2010 Page 10
Subsurface Exploration Program
Willows Subdivision Pavement Section
Fraser, Colorado
Pavement Properties
Hot Bituminous Asphalt (HBA): The asphalt pavement shall consist of a bituminous plant
mix composed of a mixture of high quality aggregate and bituminous material, which
meets the requirements of a job-mix formula established by a qualified engineer. The
asphalt material used should be based on a SuperPave Gyratory Design Revolution
(N) of 75. Grading SX may be acceptable using PG 58-28 asphalt cement binder.
DES
Pavement layer thickness should be between 2 to 3 inches.
Aggregate Base Course (ABC): The aggregate base material should meet the criteria of
CDOT Class 6 road base. Aggregate base course should be placed in uniform lifts not
exceeding 8 inches in loose thickness and compacted to at least 95 percent of the
maximum dry density a uniform moisture contents within 2 percent of the optimum as
determined by ASTM D1557 / AASHTO T-180, the “modified Proctor.”
Additional Observations
The collection and diversion of surface drainage away from paved areas is extremely
important to satisfactory performance of the pavements. The subsurface and surface
drainage systems should be carefully designed to ensure removal of the water from
paved areas and subgrade soils. Allowing surface waters to pond on pavements will
cause premature pavement deterioration. Where topography, site constraints or other
factors limit or preclude adequate surface drainage, pavements should be provided with
edge drains to reduce loss of subgrade support.
GROUND’s experience indicates that longitudinal cracking is common in asphalt-
pavements generally parallel to the interface between the asphalt and concrete
structures such as curbs, gutters or drain pans. Distress of this type is likely to occur
even where the subgrade has been prepared properly and the asphalt has been
compacted properly.
The standard care of practice in pavement design describes the flexible pavement
section as a “20-year” design pavement; however, most pavements will not remain in
satisfactory condition without routine, preventive maintenance and rehabilitation
procedures performed throughout the life of the pavement. Preventive pavement
treatments are surface rehabilitation and operations applied to improve or extend the
functional life of a pavement. These treatments preserve, rather than improve, the
structural capacity of the pavement structure. In the event the existing pavement is not
Ground Engineering Consultants, Inc.
Job No. 14-2010 Page 11
Subsurface Exploration Program
Willows Subdivision Pavement Section
Fraser, Colorado
structurally sound, the preventive maintenance will have no long-lasting effect.
Therefore, a routine maintenance program to seal cracks, repair distressed areas, and
perform thin overlays throughout the life of the pavement is suggested.
A crack sealing and fog seal and/or chip seal program should be performed on flexible
pavements on a regular basis. After approximately 8 to 10 years, patching, additional
crack sealing, and asphalt overlay may be required. Prior to future overlays, it is
important that all transverse and longitudinal cracks be sealed with a flexible, rubberized
crack sealant in order to reduce the potential for propagation of the crack through the
overlay. Traffic volumes that exceed the values utilized by this report will likely
necessitate the need of pavement maintenance practices on a schedule of shorter
timeframe than that stated above. The greatest benefit of preventive maintenance is
achieved by placing the treatments on sound pavements that have little or no distress.
CLOSURE AND LIMITATIONS
Geotechnical Review: The author of this report should be retained to review project
plans and specifications to evaluate whether they comply with the intent of the
recommendations in this report. The review should be requested in writing.
The geotechnical recommendations presented in this report are contingent upon
observation and testing of project earthworks by representatives of GROUND. If another
geotechnical consultant is selected to provide materials testing, then that consultant
must assume all responsibility for the geotechnical aspects of the project by concurring
in writing with the recommendations in this report, or by providing alternative
recommendations.
Materials Testing: The client should consider retaining a Geotechnical Engineer to
perform materials testing during construction. The performance of such testing or lack
thereof, in no way alleviates the burden of the contractor or subcontractor from
constructing in a manner that conforms to applicable project documents and industry
standards. The contractor or pertinent subcontractor is ultimately responsible for
managing the quality of their work; furthermore, testing by the geotechnical engineer
does not preclude the contractor from obtaining or providing whatever services they
deem necessary to complete the project in accordance with applicable documents.
Ground Engineering Consultants, Inc.
Job No. 14-2010 Page 12
Subsurface Exploration Program
Willows Subdivision Pavement Section
Fraser, Colorado
Limitations:This report has been prepared for Grand Park Development as it pertains
to design of the proposed traffic improvements as described herein. It may not contain
sufficient information for other parties or other purposes. The owner or any prospective
buyer relying upon this report must be made aware of and must agree to the terms,
conditions, and liability limitations outlined in the proposal.
In addition, GROUND has assumed that project construction will commence by early Fall
2015. Any changes in project plans or schedule should be brought to the attention of the
Geotechnical Engineer, in order that the geotechnical recommendations may be re-
evaluated and, as necessary, modified.
The geotechnical conclusions and recommendations in this report relied upon
subsurface exploration at a limited number of exploration points, as shown in Figure 1,
as well as the means and methods described herein. Subsurface conditions were
interpolated between and extrapolated beyond these locations. It is not possible to
guarantee the subsurface conditions are as indicated in this report. Actual conditions
exposed during construction may differ from those encountered during site exploration.
If during construction, surface, soil, bedrock, or groundwater conditions appear to be at
variance with those described herein, the Geotechnical Engineer should be advised at
once, so that re-evaluation of the recommendations may be made in a timely manner. In
addition, a contractor who relies upon this report for development of his scope of work or
cost estimates may find the geotechnical information in this report to be inadequate for
his purposes or find the geotechnical conditions described herein to be at variance with
his experience in the greater project area. The contractor is responsible for obtaining
the additional geotechnical information that is necessary to develop his workscope and
cost estimates with sufficient precision. This includes current depths to groundwater,
etc.
The materials present on-site are stable at their natural moisture content, but may
change volume or lose bearing capacity or stability with changes in moisture content.
Performance of the proposed structures will depend on implementation of the
recommendations in this report and on proper maintenance after construction is
completed. Because water is a significant cause of volume change in soils and rock,
allowing moisture infiltration may result in movements, some of which will exceed
estimates provided herein and should therefore be expected by the owner.
Ground Engineering Consultants, Inc.
Job No. 14-2010 Page 13
Subsurface Exploration Program
Willows Subdivision Pavement Section
Fraser, Colorado
This report was prepared in accordance with generally accepted soil and foundation
engineering practice in the project area at the date of preparation. GROUND makes no
warranties, either expressed or implied, as to the professional data, opinions or
recommendations contained herein. Because of numerous considerations that are
beyond GROUND’s control, the economic or technical performance of the project cannot
be guaranteed in any respect.
ALL DEVELOPMENT CONTAINS INHERENT RISKS. It is important that ALL aspects
of this report, as well as the estimated performance (and limitations with any such
estimates) of proposed project improvements are understood by the Client, Project
Owner (if different), or properly conveyed to any future owner(s). Utilizing these
recommendations for planning, design, and/or construction constitutes understanding
and acceptance of recommendations or information provided herein, potential risks,
associated improvement performance, as well as the limitation inherent within such
estimations. If any information referred to herein is not well understood, it is imperative
for the Client, Owner (if different), or anyone using this report to contact the author or a
company principal immediately.
GROUND appreciates the opportunity to complete this portion of the project and
welcomes the opportunity to provide the Owner with a cost proposal for construction
observation and materials testing prior to construction commencement.
Sincerely,
GROUNDEngineering Consultants, Inc.
Steve Peters
Reviewed by Brian Reck, P.G., C.E.G., P.E.
Ground Engineering Consultants, Inc.
Job No. 14-2010 Page 14
Appendix A
Pavement Section Calculations
1993 AASHTO Pavement Design
DARWin Pavement Design and Analysis System
A Proprietary AASHTOWare
Computer Software Product
Network Administrator
Flexible Structural Design Module
14-2010
Willows Subdivision - Alternate Pavement Section
Composite Flexable Section
Flexible Structural Design
18-kip ESALs Over Initial Performance Period36,500
Initial Serviceability4.5
Terminal Serviceability2.5
Reliability Level90 %
Overall Standard Deviation0.44
Roadbed Soil Resilient Modulus4,940 psi
Stage Construction1
Calculated Design Structural Number2.32 in
Specified Layer Design
StructDrain
Coef.Coef.ThicknessWidthCalculated
LayerMaterial Description(Ai)(Mi)(Di)(in)(ft)SN (in)
1Asphalt0.441311.32
2CDOT Class 6 Base Course0.151711.05
Total---10.00-2.37
Page 1
1993 AASHTO Pavement Design
DARWin Pavement Design and Analysis System
A Proprietary AASHTOWare
Computer Software Product
Network Administrator
Flexible Structural Design Module
14-2010
Willows Subdivision - Alternate Pavement Section
Composite Flexable Section
Flexible Structural Design
18-kip ESALs Over Initial Performance Period36,500
Initial Serviceability4.5
Terminal Serviceability2.5
Reliability Level90 %
Overall Standard Deviation0.44
Roadbed Soil Resilient Modulus4,940 psi
Stage Construction1
Calculated Design Structural Number2.32 in
Specified Layer Design
StructDrain
Coef.Coef.ThicknessWidthCalculated
LayerMaterial Description(Ai)(Mi)(Di)(in)(ft)SN (in)
1Asphalt0.441411.76
2CDOT Class 6 Base Course0.151410.60
Total---8.00-2.36
Page 1
1993 AASHTO Pavement Design
DARWin Pavement Design and Analysis System
A Proprietary AASHTOWare
Computer Software Product
Network Administrator
Flexible Structural Design Module
14-2010
Willows Subdivision - Alternate Pavement Section
Composite Flexable Section
Flexible Structural Design
18-kip ESALs Over Initial Performance Period36,500
Initial Serviceability4.5
Terminal Serviceability2.5
Reliability Level90 %
Overall Standard Deviation0.44
Roadbed Soil Resilient Modulus6,849 psi
Stage Construction1
Calculated Design Structural Number2.05 in
Specified Layer Design
StructDrain
Coef.Coef.ThicknessWidthCalculated
LayerMaterial Description(Ai)(Mi)(Di)(in)(ft)SN (in)
1Asphalt0.441311.32
2CDOT Class 6 Base Course0.151510.75
Total---8.00-2.07
Page 1
1993 AASHTO Pavement Design
DARWin Pavement Design and Analysis System
A Proprietary AASHTOWare
Computer Software Product
Network Administrator
Flexible Structural Design Module
14-2010
Willows Subdivision - Alternate Pavement Section
Composite Flexable Section
Flexible Structural Design
18-kip ESALs Over Initial Performance Period36,500
Initial Serviceability4.5
Terminal Serviceability2.5
Reliability Level90 %
Overall Standard Deviation0.44
Roadbed Soil Resilient Modulus9,497 psi
Stage Construction1
Calculated Design Structural Number1.80 in
Specified Layer Design
StructDrain
Coef.Coef.ThicknessWidthCalculated
LayerMaterial Description(Ai)(Mi)(Di)(in)(ft)SN (in)
1Asphalt0.441311.32
2CDOT Class 6 Base Course0.151410.60
Total---7.00-1.92
Page 1