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Home My Public Portal AboutTBP 1998-04-15 ~ . . . TOWN OF FRASER "Icebox of the Nation" P.O. Box 120/153 Fraser Avenue Fraser, Colorado 80442 (970) 726-5491 FAX Une: (970) 726-5518 TOWN BOARD AGENDA WORKSHOP WEDNESDAY, APRIL 15, 1998 6:00 P.M. (Dinner will be served) 1. MaryVale's proposed Metropolitan District Service Plans . . TOWN BOARD AGENDA SPECIAL MEETING APRIL 15, 1998, 7:30 p.m. 1. Roll call 2. Approval of 4/1/98 minutes 3. Open Forum 4. Induction of new Trustees 5. 8:00 p.m. Public Hearing to consider a petition for annexation and a request for zoning from M.J. and Steve Sumrall, Maryvale, LLt, and Scott Bradley, et al, and to amend Fraser's Zoning District Map. a) Resolution , a resolution making findings of fact regarding a proposed annexation of a parcel ofland into the Town of Fraser, Colorado. b) Resolution , a resolution approving the annexation agreement with MJ. and Steve Sumrall, owners of Tract 1 and directing that the Mayor and Clerk sign the agreement. c) Resolution , a resolution approving the annexation agreement with Maryvale, LLC, owner of Tract 2 and directing that the Mayor and Clerk sign the agreement. d) Resolution , a resolution approving the annexation agreement with Scott Bradley, et aI, owners of Tract 3 and directing that the Mayor and Clerk sign the agreement e) Ordinance , an Ordinance annexing certain properties to the Town of Fraser, Colorado. ýÿ . . f) Ordinance , an Ordinance zoning certain properties. 6. 8:30 p.m. Public Hearing to consider a petition for annexation from Maryvale, ILC a) Resolution , a resolution making findings of fact regarding a proposed annexation of a parcel ofland into the Town of Fraser, Colorado. b) Resolution , a resolution approving the annexation agreement with Maryvale, ILC, and directing that the Mayor and Clerk sign the agreement. c) Ordinance , an Ordinance annexing certain properties to the Town of Fraser, Colorado. d) Ordinance , an Ordinance approving an amended and supplemented annexation agreement for the Maryvale Property 7. 9:00 p.m. Public Hearing to consider Maryvale's proposed Commercial Metropolitan Districts and Residential Metropolitan District. a) Resolution , a resolution approving the service plan for the Maryvale Commercial Metropolitan District. b) Resolution _, a resolution approving the service plan for the Maryvale Residential Metr()politan District. c) Approval of Intergovernmental Agreement between the Town of Fraser and the Maryvale Metro Districts. 8. Staff Choice a) Draft Grand County Housing Authority memorandum 9. Board Choice UPCOMING MEETINGS April 22nd: Regular Planning Commission Meeting April 29th: Town Board Special Meeting . . TOWN OF FRASER "Icebox of the Nation" P.O. Box 120/153 Fraser Avenue Fraser, Colorado 80442 (970) 726-5491 FAX Line: (970) 726-5518 Manager's Briefing, 4/10/98 Wednesday night begins with a dinner and a workshop at 6:00 p.m. at which time we'll continue discussing Maryvale's proposed Metropolitan Districts. The Town's consultants, Lorraine Hayes and Ron Mitchell will be here to discuss changes to the service plans that have been made since April 1st Over the past three years, the BoarcL staff, and Maryvale LLC have been working hard to charige the land use approvals that were granted to Regis-Maryvale in 1986. This task has been particularly challenging as Colorado and Federal law does not allow a town to ''take away" land use, approvals once they have been conferred In other words,Maryyale hasn't needed to play ball with us on the original PDD. However, over the past three years we have made amending the original PDD part of the deal that will result in annexations of the Forest Meadows and Denver Water Board properties to Fraser. I'm proud of what we have accomplished I'm also excited because Wednesday's agenda begins to formalize the three years of discussion Under our current timetable the process will be complete on April 29th, when Maryvale's POD will be considered by the Board. So, what exactly are you considering Wednesday night? The first action item is a public hearing scheduled at 8:00 to consider a petition for annexation and a zoning request for a 103 acre parcel. This petition was submitted by MJ. and Steve Sumrall, Maryvale, and Scott Bradley, and includes land owned by Grand County Water & Sanitation District, and the Colorado Department of Transportation. The zoning requests are Business (Sumrall), Planned District (Maryvale), and Business (Bradley), and staff is recommending Business zoning for the GCWSD tract. The CDOT tract does not get zoned. Maryvale's request, Planned District, will not mean anything until the Planned District Development application is approved by the Board The staff recommendation for the GCWSD tract has been made as Business District is our only zoning that specifically states that Mechanical Treatment Plants are a prohibited use. The Town has encouraged this annexation as part of the amended PDD plan and in order to gain land use authority over the GCWSD tract. The second action item is a public hearing scheduled at 8:30 to consider a petition for annexation for a 224 acre parcel. This petition was submitted by Maryvale, LLC and the ýÿ . . Hoovers, and includes land owned by the Union Pacific Railroad. No zoning request is part of this public hearing. . The third action item is a public hearing to consider Maryvale's proposed Residential and Commercial Metropolitan Districts. New service plans are enclosed. While I will always have reluctance about the Metro Districts, I recognize that they are a critical component in the developers negotiations over the past three years and the political trade-off(from the old PDD plan to the amended PDD plan) warrants their approval. Finally, under Staff Choice, I have included a memo from Daryl Shrum regarding discussions that have been occurring about restructuring the Grand County Housing Auth~rity. Housing and TransPortation are on the agenda for the Monday, April 13th Grand County Commissioners, Mayors; and Managers meeting which begins at 9:00 at the Fraser Town Hall. Should be an interesting meetingr . ' I'm celebrating Easter with faIilily in San Antonio. I'll be back in town late Tuesday night and in the office all day Wednesday. '. See you Wednesday! ýÿ .. . . . TOWN OF FRASER "Icebox of the Nation" P.O. Box 120/153 Fraser Avenue Fraser, Colorado 80442 (970) 726-5491 FAX Line: (970) 726-5518 TOWN BOARD AGENDA SPECIAL MEETING APRIL 15,1998,7:30 p.m. 1. Roll call 2. Approvwof~1~8mmm~ 3. Open Forum 4. Induction of new Trustees 5. 8:00 p.m. Public Hearing to consider a petition for annexation and a request for zoning from M.J. and Steve Sumrall, Maryvale, LLC, and Scott Bradley, et w, and to amend Fraser's Zoning District Map. a) Resolution . a resolution making findings of fact regarding a proposed annexationofa parcel ofland into the Town of Fraser, Colorado. b) Resolution , a resolution approving the annexation agreement with M.J. and Steve Sumrall, owners of Tract 1 and directing that the Mayor and Clerk sign the agreement. c) Resolution , a resolution approving the annexation agreement with Maryvwe, LLC, owner of Tract 2 and directing that the Mayor and Clerk sign the agreement. d) Resolution , a resolution approving the annexation agreement with Scott Bradley, et W, owners of Tract 3 and directing that the Mayor and Clerk sign the agreement. e) Ordinance , an Ordinance annexing certain properties to the Town of Fraser, Colorado. .. . . . t) Ordinance . an Ordinance zoning certain properties. 6. 8:30 p.m. Public Hearing to consider a petition for annexation from Maryvale. LLC a) Resolution , a resolution making findings of fact regarding a proposed annexation of a parcel of land into the Town of Fraser, Colorado. b) Resolution , a resolution approving the annexation agreement with Maryvale, LLC. and directing that the Mayor and Clerk sign the agreement. c) Ordinance . an Ordinance annexing certain properties to the Town of Fraser, Colorado. d) Ordinance ~ an Ordinance approving an amended and supplemented annexation agreem,ent for the Maryvale Property 7. 9:00 p.rn. Public Hearing to consider Mmyvale's proposed Commercial M:etropolitan Districts and Residential Metropolitan District. a) Resolution ' . a resolution approving the service plan for the Maryvale ' Commercial Metropolitan District. b) Resolution , a resolution approving the serVice plan for the Maryvale Residential Metropolitan District. c) Approval ofIntergovemmental Agreement be~een the Town of Fraser and the Maryvale Metro Districts. 8. Staff Choice a) Draft Grand County Housing Authority memorandum 9. Board Choice UPCOMING MEETINGS April 22nd: Regular Planning Commission Meeting April 29th: Town Board Special Meeting - . . MEMORANDUM TO: File ~J..! ~Ct;;\]) I ~ I'l ~W\....ll RE: Outline of Procedure for/'Public Hearing on April 15 1. Open the Agenda Item 2. Presentations from Staff: a. Staff describes receipt of the Petition for Annexation, that notices of this public hearing, both for annexation and zoning purposes, have been published as required by statute, and that the County Commissioners, county attorney I school district, and all special districts have been notified as required by law. b. Staff reports that the Board of County Commissioners has waived the requirement for an annexation impact report. - ~k;~l' {-... A.~ '^ 3. Introduce exhibits into the public record: --, Petition for Annexation, dated l' , , 1998. ~W ')> (/ /"itf' Annexation map, attached to Petition as an exhibit. ~+luJ~J ~ Notice of special meeting to be held March 9, 1998. \] \ C;~ /~ Notice of public hearing in resolution of intent to annex, finding \I,~ substantial compliance and setting annexation hearing (Resolution No. , dated March 9, 1 998) with attached proof of publication. \{,'l, --/ Published notice of public hearings on amendment to Zoning District Map, with attached proof of publication. \J\~ ~/ Notice of proposed amendment to Zoning District Map as mailed by certified mail to adjacent property owners, with return "green cards". \J. ~l1 -4 Certificate of mailing of the public hearing the Board of County Commissioners, County Attorney, School Districts and Special Districts, with return "green cards." ~~W 17 Written recommendations from planning commission to the Board of Trustees regarding zoning of the property, . [.yi U. r:t .,.K. Annexation agreements with property owners for Tracts 1, 2 and 3. -Ii ~ lJ /j'. Powers of attorney for Scott Bradley. ~t~ 1 GED\55339\280823.02 ýÿ . . ~~~~; - k. Written memorandum of authority for Rick Watrous to sign for ?-i~ t\I;r't- Maryvale, LLC. ~W ~ Information from the County Assessor showing assessed valuation of 0- C" Tract 4. l'~t' ~ ~ Copies of Fraser Comprehensive and Three Mile Plans. ~.~ J __no Written staflemora~da, letters, etc., rec~ived prior to the hearing. ioylM ~It- ~ct ~\'rll'l( ~ Vl.\,\\(~ ~ ""~ ~""~'.n'I ~y~t-t ~p~ fJi# o. 1Pbv p. q. r. s. 4. Take a motion to accept the exhibits into the record. 5. Open the public hearing: a combined public hearing on the annexation, and on proposed zoning on Tracts 1 through 4, taking (1) staff presentations; (2) petitioner presentation; (3) questions from the Board; and (4) public testimony and any tendered exhibits. 6. Close the public hearing. 7. Take motion to approve Resolution No. , a resolution making findings of fact regarding a proposed annexation of a parcel of land into the Town of Fraser, Colorado. 8. Take a motion to approve the resolution approving the annexation agreement with the owners for Tract 1 and directing that the Mayor and Clerk sign the agreement. 9. Take a motion to approve the resolution approving the annexation agreement with the owners for Tract 2 and directing that the Mayor and Clerk sign the agreement. 10. Take a motion to approve the resolution approving the annexation agreement with the owners for Tract 3 and directing that the Mayor and Clerk sign the agreement. 11. Take a motion that "all rules of this Board which might prevent, unless suspended, the final passage and adoption of this ordinance at this meeting be, and the same hereby are, suspended for the purpose of permitting the final passage and adoption of said ordinance at this meeting." 12. Motion to adopt the annexation ordinance. GED\55339\280823.02 -2- . . 13. Take a motion that "all rules of this Board which might prevent, unless suspended, the final passage and adoption of this ordinance at this meeting be, and the same hereby are, suspended for the purpose of permitting the final passage and adoption of said ordinance at this meeting." 14. Motion to adopt the zoning ordinance. 15. This concludes the annexation item. GED\55339\280823.02 -3- '\ . . ~ TOWN BOARD APRIL I, 1998 The regular meeting was called to order at 7:30 p.m. Board present were Mayor Johnston, Klancke, Swatzell, Havens, Mcintyre and Wirsing. Staff present were Reid, Trotter, Winter and Stone. APPRO V AL OF MINUTES Swatzell made a motion to approve minutes of the 3/4/98 meeting as written, 2nd Wirsing, canied. Wirsing made a motion to approve minutes of the 3/9/98 meeting as written, 2nd Swatzell, carried. . Swatzell made a motion to approve the minutes of the 3/18/98 meeting as written, 2nd Havens, carried. OPEN FORUM None. DISCUSSION ITEMS Maryvale Metropolitan Districts Reid gave a brief review of the progress of the proposed Metro Districts since the first filing with the Town in 1996. Reid introduced Lorrane Hayes and Ron ~tchell, both hired by the Town to review the proposed Districts. Maryvale representatives Kirkendall, Nipert and MatyVale Bond Council, John Buck were present to discuss the proposed Districts. Discussion was held on the documents by all parties. The next session will be April 15th at 6:00 p.m. to review changes to be made to the documents and further discussion. The consideration for approval, approval with conditions or denial is scheduled at the April 15th meeting at 9:00 p.m. Discussion on Annexation agreements Board held discussion on the various annexation agreements. ýÿ , . . " \.. Discussion on MaryvaJe annexation of 224 acres Annexation of this parcel was discussed. Board discussed various points in the annexation agreement that V\'ill be required with the new PDD application approval. Water Plant access fee policy discussion tabled. Excavation policy discussion tabled, STAFF CHOICE Reid ~iewed that the Baptist Church building is progressing. Reid will be on vacation next week. Trotter is attending a seminar and will be back in the office the following next. Reid advised that the Sheriff's Dept. could get a grant to hire another person. This would be short tenn and the Town would then be required to pick up the wages. Board will need to further consider this. CDOT will be making improvements again on Berthoud Pass this summer. No further business, meeting adjourned at 10:30 p.m. ýÿ . . MINUTES OF A REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO The Board of Trustees of the Town of Fraser, State of Colorado, met at the Town Hall in Fraser, Colorado, the present meeting place of said Board, in regular session, at the hour of 8:30 o'clock p.m., on the 15th day of April, 1998. The meeting was called to order by the Mayor, and upon roll call the following were found to be present, constituting a quorum: Present: Mayor Jeff Johnston Trustee Liz McIntyre Trustee Kit Klancke Trustee Rebecca Swatzell Trustee Cheri Sanders Trustee Mike Rantz Trustee Dennis Soles Absent: (None) There were also present: Town Manager, Chuck Reid; Town Planner, Catherine Trotter; Town Clerk, Virginia Winter; and Town Attorney, Rod McGowan. OTHER BUSINESS The Mayor presented to the Board a proposed Amended and Supplemented Annexation Agreement for the Maryvale Property dated April 15, 1998 between Maryvale LLC and the Town of Fraser. It was duly noted that the proposed Agreement, if approved, would become effective only upon annexation of the Additional properties owned by Maryvale LLC and approval of a revised PDD Plan for those and other properties owned by it. The Board discussed the terms and conditions of said Agreement to determine if it should be approved by the Board of Trustees. A copy of the Agreement was ordered attached to these Minutes as Exhibit A. The Mayor then presented and introduced an Ordinance entitled: AN ORDINANCE APPROVING AN AMENDED AND SUPPLEMENTED ANNEXATION AGREEMENT FOR THE MARYVALE PROPERTY. Attorney McGowan stated that the Ordinance had been drafted by himself and was in ýÿ . . proper form. The title of said Ordinance was read, and the Ordinance is as follows: See attached Exhibit B, which is a complete, true and correct copy of said Ordinance, and which by this reference is made a part hereof. The Mayor then called the question of approving or disapproving said Ordinance and the Amended and Supplemented Annexation Agreement for the Maryvale Property. It was then moved by Trustee , and seconded by Trustee , that all rules of this Board which might prevent, unless suspended, the final passage and adoption of this Ordinance at this meeting be, and the same hereby are, suspended for the purpose of permitting the final passage and adoption of said Ordinance at this meeting. The question being upon the suspension of the rules, the roll was called with the following result: Those voting Aye: Those voting Nay: Those absent: There being a quorum of the Board of Trustees present, and all those present having voted in favor of said motion, the presiding officer declared said motion carried and the rules suspended. Trustee then moved that said Ordinance be passed and adopted as read. Trustee seconded the motion. The question being upon the passage and adoption of said Ordinance, the roll was called with the following result: Those voting Aye: -2- . . Those voting Nay: Those absent: There being a quorum of the Board of Trustees present, and all those present having voted in favor of said motion, the presiding officer declared the said motion carried and the Amended and Supplemented Annexation Agreement for the Maryvale Property approved. Trustee then moved that said Ordinance be published in the Winter Park Manifest, the same being a newspaper of general circulation in the Town of Fraser, said publication to appear as soon as possible in said newspaper. Trustee seconded the motion. The question being upon the passage and adoption of said motion, and the publication of said Ordinance, the roll was called with the following result: Those voting Aye: Those voting Nay: Those absent: There being a quorum of the Board of Trustees present, and all those present having voted in favor of said motion, the presiding officer declared the said motion carried and instructed the Town Clerk to accomplish such publication. The next item of business on the agenda was a Petition for Annexation submitted by Maryvale LLC regarding certain property adjacent to the Town boundaries. Mayor Johnston then called to order the public hearing on the matter. -3- . . It was duly noted that a notice of the public hearing had been published as required by law and proof of publication of such notice had been received from the winter Park Manifest. Additionally, it was noted that the Town Clerk had complied with the provisions of C.R.S. 31-12-108 and notified the County Commissioners, the County Attorney, school district and special districts as required by law of the hearing on this annexation. Attorney McGowan indicated that the total annexation area was more than 10 acres, which would require that an annexation impact report be prepared unless waived by agreement of the Town and Grand County. It was reported, however, that an agreement had been reached between the Town and the Board of County Commissioners that the annexation impact report would be waived in this instance. Mr. McGowan advised that he had examined the Petition and had found it to be in substantial compliance with the applicable provisions of Title 31, Article 12, Section 107, Subsection 1, of the Colorado Revised Statutes, as amended, and with the Municipal Annexation Act of 1965. Mr. McGowan further advised that the Petition was signed by the owners of one hundred percent (100%) of the property proposed to be annexed, exclusive of streets and alleys; and as a result, the Board could annex the property by Ordinance. The Board was further advised that if it wished, it could proceed with the annexation since a quorum was in attendance. The following Exhibits were presented to the Board for its consideration in the annexation of the subject property: Exhibit C - Petition for Annexation Exhibit D - Annexation Map Exhibit E - Resolution No. 3-4-98 of the Board of Trustees, setting this matter for public hearing Exhibit F - Notice of Public Hearing regarding annexation of subject property IM-OI - ~ himiL S - Publisher's Affidavit of publication of the ~ Notice of Public Hearing v.Ift,V~ ~t & Exhibit H - Certificate of Mailing of Notice of Public Hearing to government offices, pursuant to 4 ~i\9i C.R.S. 31-12-108. Exhibit I - County approval for waiver of annexation impact report. -4- . . Exhibit J - Recommendations from Fraser Planning Commission, regarding proposed annexation. Exhibit K - Trustee moved that the above described Exhibits be admitted as evidence in connection with the proposed annexation and zoning of the subject property. Trustee seconded the motion. The question being upon the passage of said motion, the roll was called with the following result: Those voting Aye: Those voting Nay: Those absent: There being a quorum of the Board of Trustees present, and all those present having voted in favor of said motion, the presiding officer declared said motion carried and the resolution passed. The Board then heard evidence in the nature of testimony from Town staff, the Applicant and the general public. The Board discussed and considered the evidence, including the Exhibits described above. Trustee moved that the following resolution be passed: RESOLVED, that the Board of Trustees finds and determines as follows: -5- . . ( 1) That the Petition for Annexation, a copy of which is attached hereto, identified as Exhibit "C", which by this reference is made a part hereof, is substantially in compliance with Title 31, Article 12, Section 107, Subsection 1, of the Colorado Revised Statutes, as amended, and with the Municipal Annexation Act of 1965; ( 2 ) That it is desirable and necessary that the territory set forth in such Petition be annexed to the Town of Fraser; ( 3 ) That not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the Town of Fraser; ( 4 ) That a community of interest exists between the territory proposed to be annexed and the Town of Fraser; ( 5 ) That the territory to be annexed is urban or will be urbanized in the near future; (6) That the territory proposed to be annexed is integrated or is capable of being integrated with the Town of Fraser; ( 7 ) That the requirements of Sections 31-12-104 and 31-12-105, Colorado Revised Statutes, as amended, exist or are met; (8 ) That no additional terms and conditions are to be imposed upon the area proposed to be annexed, other than those terms and conditions agreed to by the petitioning landowner and the Board of Trustees as set forth in the Amended and Supplemented Annexation Agreement for the Maryvale Property identified as Exhibit A; and (9 ) That no annexation election is required under Section 31-12-107(2), Colorado Revised Statutes, as amended. Trustee seconded the motion. The question being upon the passage and adoption of said resolution, the roll was called with the following result: -6- ýÿ . . Those voting Aye: Those voting Nay: Those absent: There being a quorum of the Board of Trustees present, and all those present having voted in favor of said motion, the presiding officer declared said motion carried and the resolution passed. Mayor Johnston thereupon introduced an Ordinance, entitled: AN ORDINANCE PROVIDING FOR THE ANNEXATION OF TERRITORY TO THE TOWN OF FRASER, COLORADO. Mayor Johnston stated that said Ordinance had been drafted by the Town Attorney pursuant to authorization previously given by the Board. The title of said Ordinance was read, and the Ordinance is as follows: See attached Exhibit ____, which is a complete, true and correct copy of said Ordinance, and which by this reference is made a part hereof. It was then moved by Trustee and seconded by Trustee that all rules of this Board which might prevent, unless suspended, the final passage and adoption of this Ordinance at this meeting be, and the same hereby are, suspended for the purpose of permitting the final passage and adoption of said Ordinance at this meeting. The question being upon the adoption of said Ordinance and suspension of the rules, the roll was called with the following result: Those voting Aye: Those voting Nay: -7- . . Those absent: There being a quorum of the Board of Trustees present, and all those present having voted in favor of said motion, the presiding officer declared said motion carried and the rules suspended. Trustee then moved that said Ordinance be passed and adopted as read. Trustee seconded the motion. The question being upon the passage and adoption of said Ordinance, the roll was called with the following resul~: Those voting Aye: Those voting Nay: Those absent: There being a quorum of the Board of Trustees present, and all those present having voted in favor of said motion, the presiding officer declared the said motion carried and the property described in said Ordinance annexed to the Town of Fraser, Colorado, and zoned as provided therein. Trustee then moved that said Ordinance be published in the Winter Park Manifest; the same being a newspaper of general circulation in the Town of Fraser, said publication to appear as soon as possible in said newspaper. Trustee seconded the motion. The question being upon the passage and adoption of said motion, and the publication of said Ordinance, the roll was called with the following result: Those voting Aye: -8- ýÿ . . Those voting Nay: Those absent: There being a quorum of the Board of Trustees present, and all those present having voted in, favor of said motion, the presiding officer declared the said motion carried and instructed the Town Clerk to accomplish such publication. Mayor Johnston thereupon instructed the Town Clerk to file copies of the annexing Ordinance and map with the proper officials as required by Section 31-12-113, Colorado Revised Statutes, as amended. Thereupon, after considering other matters not concerning the foregoing Ordinance, upon motion duly made, seconded and unanimously adopted, said meeting was adjourned. TOWN OF FRASER, COLORADO BY: Mayor ATTEST: Town Clerk ( SEA L ) -9- C.\WP\FRASER\MARYVALE\Annex-1998-DWB\Minutes.wpd ýÿ . ~ . . TOWN OF FRASER, COLORADO RESOLUTION NO. 1998- A RESOLUTION MAKING CERTAIN FINDINGS OF FACT REGARDING THE PROPOSED ANNEXATION OF A PARCEL OF LAND TO THE TOWN OF FRASER, COLORADO WHEREAS, the Board of Trustees of the Town of Fraser, Colorado, has found a petition for the annexation of the hereinafter described parcel of land to be in substantial compliance with the requirements of Section 31-12-1 07( 1), Colorado Revised Statutes; and WHEREAS, the Town Clerk has provided notice of public hearing on the proposed annexation by publication once per week for four successive weeks and by registered mail to the Clerk of the Board of County Commissioners, the County Attorney, the school district and to any special district having territory in the area to be annexed; and WHEREAS, the Board of Trustees has completed a public hearing to determine if the proposed annexation complies with Sections 31-12-104 and 105, Colorado Revised Statutes, to establish eligibility for annexation. NOW, THEREFORE, BE IT RESOL YED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER: That the Board of Trustees hereby finds and concludes with regard to the annexation of the territory described in Exhibit A attached hereto and incorporated herein, that not less than one- sixth of the perimeter of the area proposed to be annexed is contiguous with the existing boundaries of the Town; and therefore, because of such contiguity, a community of interest exists between the territory proposed to be annexed and the Town; the territory proposed to be annexed is urban or will be urbanized in the near future, and that the territory proposed to be annexed is integrated or is capable of being integrated with the Town; and BE IT FURTHER RESOL YED: That the Board of Trustees finds and determines that no land held in identical ownership has been divided or included without written consent of the owner thereof; that no annexation proceedings have been commenced by another municipality; that the annexation will not result in the detachment of area from a school qistrict; that the annexation will not result in the extension of a municipal boundary more than three miles; that the Town has in place a plan for said three mile area; and that in establishing the boundaries of the area to be annexed the entire width of any street or alley is included within the area annexed. BE IT FURTHER RESOLVED: That an election is not required, and no additional terms or conditions are to be imposed upon the area to be annexed. RESOL VED AND PASSED by the Board of Trustees this 15th day of April, 1998. -1- . . . . For: Against: Abstain: ATTEST: TOWN OF FRASER By: Virginia Winter, Town Clerk Jeff Johnston, Mayor [S E AL] . -2- , . . EXHmrr A Legal Description of Proposed Annexation ANNEXATION AREA BOUNDARY DESCRIPTION: A TRACT OF LAND BEING A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SE1I4SW1/4) OF SECTION 20, THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 20, THE NORTH HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 29 AND THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, ALL IN TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS; Beginning at the South Quarter Corner of Section 20; Thence North 00~6' West along the West Line of Southwest Quarter of the Southeast Quarter (SW1/4SE1/4) of Section 20 a distance of 1,102.70 feet; THENCE South 61059'47" East a distance of 343.18 feet; THENCE South 560)1 '25" East a distance of 342.69 feet; THENCE South 41004'23" East a distance of 120.80 feet; THENCE South 56031 '25" East a distance of 135.02 feet; THENCE South 71058'51" East a distance of 120.78 feet; THENCE South 56036'15" East a distance of 1,129.95 feet; THENCE South 56DJO'OO" East a distance of 180.00 feet; THENCE South 330)0'00" West a distance of 40 feet more or less; THENCE South 56DJO'OO" East a distance of 20.00 feet; THENCE North 330)0'00" East a distance of 505.19 feet more or less; THENCE North 56DJO'00" West a distance of 175.00 feet; THENCE North 33DJO'00" East a distance of 123.12 feet; THENCE North 20027'22" West a distance of 97.99 feet; THENCE North 52~1 '56" West a distance of 130.58 feet; THENCE North 68DJI'OO" West a distance of 217.27 feet; THENCE North 60059'53" West a distance of 222.49 feet; THENCE North 84DJ4'10" West a distance of94.32 feet; THENCE South 71~5'43" West a distance of 83.82 feet; THENCE South s0046'16" West a distance of 136.99 feet; THENCE North 67002'41" West a distance of 348.11 feet; THENCE North 44044'27" West a distance of 383.42 feet; THENCE North 39004'37" West a distance of 111.30 feet; THENCE North 59013'14" West a distance of 124.47 feet; THENCE South 75040'28" West a distance of 85.06 feet; THENCE South 88056'15" West a distance of 176.76 feet; .1- ýÿ . . THENCE North 78021'25" West a distance of 75.00 feet; THENCE North 31033'11" West a distance of 138.14 feet to a point on the North line of said Southwest Quarter of the Southeast Quarter (SW1/4SE1/4) of said Section 20; Thence South 89044'47" West a distance of 200 feet along the North Line of the Southwest Quarter of the Southeast Quarter (SW1I4SE1I4) of Section 20 to the Northwest comer of Southwest Quarter of the Southeast Quarter (SW1/4SE1/4) of Section 20; Thence South 89043'05" West a distance of 1316.58 feet along the North Line of the Southwest Quarter of the Southeast Quarter (SW1/4SEl/4) of Section 20 to the Northwest Corner of the of the Southeast Quarter of the Southwest Quarter of said Section 20; Thence South 00020'02" East a distance of 1,325.01 feet along the West Line of the Southeast Quarter of the Southwest Quarter (SE1/4SW1I4) of Section 20 to the Northeast Comer of the Northwest Quarter of the Northwest Quarter (NWl/4NW1/4) of Section 29; Thence South 8~40'12" West a distance of 811.19 feet along the North Line of the Northwest Quarter of the Northwest Quarter (NWl/4NW1/4) of Section 29 to the Northerly Right-of-Way line of the Denver & Rio Grande Western Railroad (Formerly Known as the Southern Pacific Railroad); Thence the following seven (7) courses along said Northerly Right-of-Way 1.) South 1~3'21" West a distance of 96.78 feet; 2.) South 16049'59" West a distance of 175.78 feet; 3.) Along the arc of a non-tangent curve to the left having a radius of 617.15 feet, an arc length of 1,416.63 feet, a central angle of 1310]1 '07", the chord of which bears South 53052'10" East a distance of 1,125.47 feet; 4.) North 55~5'43" East a distance of 175.77 feet; 5.) North 52052'19" East a distance of 79.50 feet; 6.) North 55034'55" East a distance of 201.94 feet; 7.) Along the arc of a non-tangent curve to the right having a radius of 816.78', a central angle of70~0'02", and an arc length of 1,002.64 feet, the chord of which bears North 84026'39" West a distance of 940.86 feet; to the East Line of the Northeast Quarter of the Northwest Quarter (NEl/4NW1I4) of Section 29; Thence North 00031'55" West a distance of 764.77 feet along the East line of the Northeast Quarter of the Northwest Quarter (NE1I4NW1I4) of Section 29 South Quarter Comer of said Section 20, being the Point of Beginning. Said Tract contains 103.006 acres, more or less. County of Grand State of Colorado -7- ýÿ . . Legal Description of Tract I Owned by Petitioning Landowners M.J. Sumrall and Steve Sumrall: All that portion of the Southeast one-quarter Southwest one-quarter (SEl/4,SWl/4) of Section 20, Township I South, Range 75 West of the 6th P.M. described as follows: Commencing at the Northwest corner of the Southeast one-quarter, Southwest one-quarter (SE1I4, SW1I4) of said Section 20; Thence South OO~O'Ol" East, along the West line of the Southeast one-quarter Southwest one-quarter (SE1/4, SW1/4) of Section 20, a distance of 582.71 feet to the Point of Beginning; Thence North 899]9'59" East, 333.77 feet; Thence South 00020'01" East, parallel with the West line of the Southeast one-quarter of the Southwest one-quarter (SE1I4, SW1l4) of said Section 20, a distance of 652.55 feet; Thence South 89<<>>J9'59" West 333.77 feet to the West line of the Southeast one-quarter Southwest one-quarter (SEl/4, SW1l4) of said Section 20; THENCE North 00020'01" West along the West line of the Southeast one-quarter Southwest one-quarter (SEl/4, SW1I4) of said Section 20, a distance of 652.55 feet to the Point of Beginning. Said Tract contains 5.000 acres, more or less. County of Grand State of Colorado Legal Description of Tract 2: A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 29, ALL IN TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, AND CONSIDERING THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20 TO BEAR N89042'50"E WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO: -~- ýÿ . . . Thence N89042'50"E along said North line a distance of 471.44 feet to the Southerly Right- of-Way Line of U.S. Highway 40; Thence the following four (4) courses along said southerly Right-of-Way line: 1.) S66045'02"E a distance of 424.20 feet; 2.) S65017'39"E a distance of 297.57 feet; 3.) Along the arc of a non-tangent curve to the right having a radius of 2794.80 feet, a central angle of 03UJ7'58 " and an arc length of 177.21 feet, the chord of which bears S61~3'38"E a distance of 177.18 feet; 4.) S57014'43"E a distance of 38.65 feet to the East Line of said Southeast Quarter of the Southwest Quarter of Section 20; Thence SOO~6'OO"E along said East Line a distance of 922.11 feet to the South Quarter Comer of said Section 20; Thence SOOOJI'55"E along the East Line of said Northeast Quarter of the Northwest Quarter of Section 29, a distance of 764.77 feet to the Northerly Right-of-Way Line of (Formerly Southern Pacific Railroad) as shown on Filing Map k-4-678 (Now the Denver & Rio Grande Western Railroad); Thence the following seven (7) courses along said northerly Right-of-Way Line: 1.) Along the arc of a non-tangent curve to the left having a radius of 816.78 feet, a central angle of 70020'01" and an arc length of 1002.64 feet, the chord of which bears N84~6'30"W a distance of 940.86 feet; 2.) S55034'55"W a distance of 201.94 feet; 3.) S52055'19"W a distance of 79.50 feet; 4.) S55~5'43"W a distance of 175.77 feet; 5.) Along the arc of a non-tangent curve to the right having a radius of 617.15 feet, a central angle of 131031'07" and an arc length of 1416.63 feet, the chord of which bears N53052'10"W a distance of 1125.47 feet; 6.) N16049'59"E a distance of 175.78 feet; 7.) NI9~3'21"E a distance of 96.78 feet to the North Line of said Northwest Quarter of the Northwest Quarter of Section 29; Thence N89040'12"E along said North Line a distance of 811.19 feet to the Northeast Corner of said Northwest Quarter of the Northwest Quarter of Section 29; Thence NOO~O'OI "W along the West Line of said Southeast Quarter of the Southwest quarter of Section 20, a distance of 89.74 feet to the Southwest Corner of that Parcel of Land described as an exception parcel in Book 422 at Page 607; Thence the following three (3) courses along said parcel; 1.) N89UJ9'59"E a distance of 333.77 feet; 2.) NOOO20'Ol "W a distance of 652.56 feet; 3.) S89039'59"W a distance of 333.77 feet to the West Line of said Southeast Quarter of the Southwest Quarter of Section 20; -4- . . . . Thence NOO"20'01 "W along said West Line of the Southeast Quarter of the Southwest Quarter of Section 20, a distance of 582.71 feet to the Point of Beginning. Said Tract Contains 70.290 acres, more or less. County of Grand State of Colorado Legal Description Of Tract 3 A PART OF THE SOUTHEAST ONE-QUARTER SOUTHWEST ONE-QUARTER (SEl/4, SWl/4) OF SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6m P.M., DESCRIBED AS FOLLOWS: Beginning at the Northeast comer of said Southeast one-quarter Southwest one-quarter (SE1I4SW1/4); Thence South 00026' East, along the East line of said Southeast one-quarter Southwest one- quarter (SElI4SWl/4) 259.00 feet to a point on the Northerly right-of-way line of U.S. IDghway 40; Thence Northwesterly along said right-of-way line 607.00 feet to a point on the North line of said Southeast one-quarter Southwest one-quarter (SE1I4SWl/4); Thence North 8~42'50" East, along said North Iin~ 539.35 feet to the Point of Beginning. Said Tract contains 1.60 Acres, more or less. County of Grand State of Colorado Legal Description Of Tract 4 A TRACT OF LAND LYING NORTHEASTERLY OF U.S. mGHW A Y No. 40 WITHIN THE S112SE1I4 OF SECTION 20 AND THE NE1I4NE1/4 OF SECTION 29, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M.., DESCRIBED AS FOLLOWS; Beginning at the South 1/4 corner of Section 20; Thence proceeding North 00026' West along the North-South centerline of Section 20 a distance of 1,102.32 feet to the TRUE POINT OF BEGINNING; THENCE proceeding South 61059'47" East a distance of343.18 feet; THENCE South 56031'25" East a distance of 342.69 feet; -~- . . . THENCE South 41004'23" East a distance of 120.80 feet; THENCE South 56031 '25" East a distance of 135.02 feet; THENCE South 71058'51" East a distance of 120.78 feet; THENCE South 560)6'15" East a distance of 1,129.95 feet; THENCE South 56030'00" East a distance of 180.00 feet; THENCE South 33030'00" West a distance of 40 feet more or less; THENCE South 560)0'00" East a distance of 20.00 feet; THENCE North 33030'00" East a distance of 505.19 feet, more or less; THENCE North 56030'00" West a distance of 175.00 feet; THENCE North 330)0'00" East a distance of 123.12 feet; THENCE North 20027'22" West a distance of 97.99 feet; THENCE North 52~1'56" West a distance of 130.58 feet; THENCE North 6S031'00" West a distance of 217.27 feet; THENCE North 6fr59'53" West a distance of 222.49 feet; THENCE North 84<<>>34'10" West a distance of 94.32 feet; THENCE South 71~5'43" West a distance of 83.82 feet; THENCE South s0046'16" West a distance of 136.99 feet; THENCE North 67002'41" West a distance of348.11 feet; THENCE North 44044'27" West a distance of383.42 feet; THENCE North 39004'37" West a distance of 111.30 feet; THENCE North 5~13'14" West a distance of 124.47 feet; THENCE South 75040'28" West a distance of 85.06 feet; THENCE South SS056'15" West a distance of 176.76 feet; THENCE North 7S021'25" West a distance of 75.00 feet; THENCE North 31033'11" West a distance of 138.14 feet to a point on the North line of the Southwest 1/4 of the Southeast 1/4 of Section 20; Thence South 89044'47" West a distance of200.00 feet to the Northwest Corner of the Southwest 1/4 of this Southeast 1/4 of Section 20; Thence South 00026'00" East a distance of 222.22 feet to the TRUE POINT OF BEGINNING. Said Tract contains 24.02 acres, more or less. County of Grand State of Colorado Legal Description Of Tract 5 A PART OF THE SOUTHEAST ONE-QUARTER SOUTHWEST ONE-QUARTER (SE 1/4, SW1I4) OF SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: -R- , . ~ . . Beginning at the Northwest corner of the Southwest Quarter of the Southeast Quarter (SWl/4SE1I4), of Section 20; Thence South 00026' East, along the East Line of said Southeast Quarter of the Southwest Quarter (SEl/4SWl/4) a distance of 259.00 feet to a point on the Northerly R.O.W.line of U.S. Highway 40, being the POINT OF BEGINNING; Thence Northwesterly along the said Northerly R.O.W. line of U.S. Highway 40 a distance of 607.00 feet to a point on the North line of said Southeast Quarter of the Southwest Quarter (SEl/4SW1I4) of Section 20; Thence South 89042'50" West distance of305.76 feet along the said North Line of the Southeast Quarter of the Southwest Quarter of Section 20, to a point on the Southerly R.O. W. of U.S. Highway 40; Thence South 66045'02" East a distance of 424.20 feet; Thence South 65017'39" East a distance of 297.57 feet; Thence along the arc of a non-tangent curve to the right having a radius of 2,794.80 feet, a central angle of 030]7'58" and an arc length of 177.21 feet, the chord of which bears South 61~3'38" East a distance of 177.18 feet; Thence South 5,.14'43" East a distance of38.65 feet; Thence North 00026' West a distance of 142.80 feet along the East Line of the Southeast Quarter of the Southwest Quarter of Section 20; to the Point of Beginning. Said Tract contains 2.07 acres, more or less. County of Grand State of Colorado _7_ ýÿ 'I' . . . TOWN OF FRASER, COLORADO RESOLUTION ~O. 1998- A RESOLUIlON APPROVING AN fu'\INEXATION AGREENIEj\l. \VHEREAS~ the Board of Trustees of the To~n of Fraser, Colorado, has found a petition for the annexation of certain territory to be in substantial compliance with the requirements of Section 31-2-107(1), Colorado Revised Statutes; and WHEREAS, the Board of Trustees has completed a public hearing to determine if the proposed annexation complies with Section 31-12-104 and 105, Colorado Revised Statutes, to establish eligibility for annexation; and \VHEREAS, the Board of Trustees wishes to enter into an annexation agreement with the owner of a portion of the territory proposed to be annexed, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER: That the Board of Trustees hereby approves the annexation agreement between the Town and Mary Jo and Steve Sumrall, a copy of which is attached hereto as Exlubit 1 and fully incoIporated herein by this reference; and BE IT FlJRTHER RESOLVED: That the Mayor and Town Clerk are hereby authorized and directed to execute the attached Annexation Agreement. RESOLVED AND PASSED by the Board of Trustees this 15th day of April, 1998. For: Against: Abstain: TOWN OF FRASER By: Jeff Johnston, ~1ayor Attest: Virginia Winter, T OMl Clerk [S E A L] ýÿ , , . . This agreement is made and entered into this 15th day of April, 1998 by and between Mary Jo and Steve Sumrall, ("annexor") and the Town of Fraser, Colorado, (Town). fn consideration of the mutual obligations, benefits, duties, and promises, the parties agree as follows: 1. Annexor is the owner of the property described as '<tract 1" in Exhibit A attached hereto (identified as the "property" in this document). 2. Town shall initiate the annexation and zoning processes to annex the property into the Town on March 6, 1998, or as soon thereafter as the Town deems appropriate. All applicable annexation and zoning fees are waived by the Town. The Town will annex the property in conjunction with other properties as shown on Exhibit A. 3. Nothing contained in this agreement shall constitute or be interpreted as a repeal of existing codes or ordinances or as a waiver of Town's legislative, governmental, or police powers to promote and protect the health, safety, or general welfare of the municipality or its inhabitants; nor shall this Agreement prohibit the enactment or collection by Town of any fee which is of uniform or general application, or necessary for the protection or promotion of the public health or welfare. 4. If the annexation of the property or any portion thereof is challenged by a referendum or an initiative, all provisions of this Agreement, together with the duties and obligations of each party, shall be suspended pending the outcome of the election. If the challenge to the annexation results in disconnection of the property from Town, then this Annexation Agreement and all provisions contained herein shall be null and void and of no further effect, except as otherwise provided herein. If the challenge fails, then Annexor and Town shall continue to be bound by all the terms and provisions of this Annexation Agreement. 5. In the event that the annexation of the property or any portion thereof is voided by the final action of any court (such action not being associated with a referendum or initiative election), Town and Annexor shall cooperate to cure the legal defect which resulted in disconnection of the property, and upon such cure this Annexation Agreement shall be deemed to be an agreement to annex the property to Town pursuant to 3 I - I 2- I 21, C.R. S. Annexor shall reapply for annexation, or the Town may sign, as Annexor's attorney-in-fact, a petition to annex, when the property becomes eligible for annexation as determined by Town. 6. It is understood and agreed by the parties hereto that if any part, term, or provision of this Agreement is by the Courts held to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain the particular part, term, or provision held illegal or invalid. 7. Annexor has requested that the property be zoned, "Business" with all applicable uses by right in accordance with the Fraser Zoning Ordinance. The Business zone designation is compatible with surrounding development and land uses, promotes the objectives of the Town's Zoning Ordinance, and is the most reasonable and appropriate zoning for the Property. Annexor shall have the right to disconnect from of Fraser if the property is not zoned Business. . . . . 8. Except as expressly provided herein, all Town ordinances, regulations, codes, policies and procedures shall be applicable to the use and development of the Property. 9. The Town will provide municipal services to the Property to the same extent, and upon the same terms and conditions, as those services are provided throughout Fraser except as identified below: a) Water service shall be extended by the Town to serve the property no later than October 3 I, 2000, unless otherwise agreed to by the parties. b) Any decreed water rights associated with the property as of April 15, 1998 shall be deeded to Fraser no later than October 3 I, 2000, unless otherwise agreed to by the parties. c) Annexor shall have the right to utilize the domestic well that exists on site (subject to State regulations) until October 31,2000, unless otherwise agreed to by the parties. d) Annexor shall be allowed continued use of the existing septic system per the terms of the annexation agreement with the Fraser Sanitation District (Exhibit B). 10. Annexor shall be allowed direct access to the "Fraser Valley Parkway" after the same has been constructed. Said access shall be requested by arinexor and reviewed by the Fraser Planning Commission at such time that access is requested by annexor. II. This Agreement shall be recorded with the Clerk and Recorder of Grand County, Colorado and shall run with the land, and shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of the parties hereto. 12. This Agreement embodies the whole agreement of the parties. There are not promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreement, either verbal or written, between the parties hereto. This Agreement may be amended by written agreement between the Annexors and the Town acting pursuant to Town Board's authorization. 13. This Agreement shall be effective and binding upon the parties immediately upon the effective date of an ordinance annexing and zoning the Property regardless of whether the Agreement is executed prior to or following the effective date of said ordinance annexing and zoning the Property. I[~~ ilL;{ .J././ MaryJo rail Steve Sumrall STATE OF COLORADO ) ) 55. COUNTY OF GRAND ) . ". tt tt The foregoing instrument was acknowledged before me this .1 day of ~;A/ '/ , 1998 by M.l. Sumrall. (- WITNESS my hand and official seal My commission expires It' - /3 - JdfJ / raf!fM~. j! LJQ~ No lic The foregoing instrument was acknowledged before me this 2- day Of~ . 1998 by Steve Sumrall. WITNESS my hand and official seal My commission expires /tJ - I S- -..;r,O / #!),l1QJ.dDtl No lic Town of Fraser Jeff Johnston, Mayor Vicky Winter, Town Clerk ýÿ . . TO\\t'N OF FRASER, COLORADO RESOLUTION NO. 1998- A RESOLUTION APPROVING AN ANNEXA nON AGREENlENT. WHEREASl the Board of Trustees of the Town of Fraser, Coloradol has found a petition for the' annexation of certain tenitory to be in substantial compliance \\ith the requirements of Section 31-2-107(1), Colorado Revised Statutes; and WHEREAS, the Board of Trustees has completed a public hearing to detennine if the proposed annexation complies with Section 31-12-104 and 105, Colorado Revised Statutes, to establish eligibility for annexation; and WHEREAS, the Board of Trustees wishes to enter into an annexation agreement with the owner of a portion of the tenitory proposed to be annexed, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER: That the Board of Trustees hereby approves the annexation agreement between the Town and l\1aryvale, L.L.C., a copy of which is attached hereto as Exhibit 1 and fully incorporated herein by this reference; and BE IT FURTHER RESOLVED: That the Mayor and Town Clerk are hereby authorized and directed to execute the attached Annexation Agreement. RESOLVED AND PASSED by the Board of Trustees this 15th day of April, 1998. For: Against: Abstain: TO~ OF FRASER By: Jeff Johnston, NIayor Attest: Virginia Winter. Town Clerk [S E A L] ~____..__.,.. -. '."h . ~~.....~_ , . t . . ! E)<~l'b'\;- A- \----~ _. -------- - Pre-annexation agreement This agreement is made and entered into this 15th day of April, 1998 by and between Maryvale, LLC., ("annexor") and the Town of Fraser, Colorado, (Town). In consideration of the mutual obligations, benefits, duties, and promises, the parties agree as follows: 1. Annexor is the owner of the property described as "Tract 2" in Exhibit A attached hereto (identified as the "property" in this document). 2. Town shall initiate the annexation and zoning processes to annex the property into the Town on March 6, 1997, or as soon thereafter as the Town deems appropriate. All applicable annexation and zoning fees are waived by the Town. The Town will annex the property in conjunction with other properties as shown on Exhibit A. 3. Nothing contained in this agreement shall constitute or be interpreted as a repeal of existing codes or ordinances or as a waiver of Town's legislative, governmental, or police powers to promote and protect the health, safety, or general welfare of the municipality or its inhabitants; nor shall this Agreement prohibit the enactment or collection by Town of any fee which is of uniform or general application, or necessary for the protection or promotion of the public health or welfare. 4. If the annexation of the property or any portion thereof is challenged by a referendum or an initiative, all provisions of this Agreement, together with the duties and obligations of each party, shall be suspended pending the outcome of the election. If the challenge to the annexation results in disconnection of the property from Town, then this Annexation Agreement and all provisions contained herein shall be null and void and of no further effect, except as otherwise provided herein. If the challenge fails, then Annexor and Town shall continue to be bound by all the terms and provisions of this Annexation Agreement. 5. In the event that the annexation of the property or any portion thereof is voided by the final action of any court (such action not being associated with a referendum or initiative election), Town and Annexor shall cooperate to cure the legal defect which resulted in disconnection of the property, and upon such cure this Annexation Agreement shall be deemed to be an agreement to annex the property to Town pursuant to 31-12-121, C.R.S. Annexor shall reapply for annexation, or the Town may sign, as Annexor's attorney-in-fact, a petition to annex, when the property becomes eligible for annexation as determined by Town. 6. It is understood and agreed by the parties hereto that if any part, term, or provision of this Agreement is by the Courts held to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain the particular part, term, or provision held illegal or invalid. . " . . 7. Annexor has filed two separate Petitions for Annexation: one for the property described as Tract 1 in Exhibits A and one for the property described in Exhibit B. attached hereto and incorporated by reference (the "Additional Properties") and has proposed that such property be zoned POD #1 upon annexation. Such Additional Properties, when combined with the property previously annexed to Fraser and zoned POD #1 shall in aggregate consist of the property legally described in Exhibit C, attached hereto and incorporated by reference. Such combined property is referred to herein as the Maryvale property. 8. Annexor has also filed an application with Fraser for approval of a revised Planned District Development Plan (the POD Plan), Exhibit D, for the entire Maryvale Property pursuant to Ordinance No. 131, Series of 1985, also known as Section 13-3-12 of the Code of The Town of Fraser. (the "POD Ordinance"). If approved, such revised POD Plan would allow the annexor to develop on the Maryvale Property a mixture of up to 2,755 residential units (or a maximum of 3,321 residential units if individual on-site wells are not allowed on a portion of the Property under the Augmentation Plan as provided in Article 5.0 of Exhibit E), 1,408 hotelllodge units, 460,000 square feet of commercial space, recreation facilities, and such support activities as illustrated in the Development Plan Summary, a copy of which is attached as Exhibit F. Annexor shall have the right to disconnect should the POD Plan not be approved by the Town of Fraser. 9. Except as expressly provided herein, all Town ordinances, regulations, codes, policies and procedures shall be applicable to the use and development of the Property. 10. The Town will provide municipal services to the Property to the same extent, and upon the same terms and conditions, as those services are provided throughout Fraser except as identified in Exhibits E. 11. This Agreement shall be recorded with the Clerk and Recorder of Grand County, Colorado and shall run with the land, and shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of the parties hereto. 12. This Agreement embodies the whole agreement of the parties. There are not promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreement, either verbal or written, between the parties hereto. This Agreement may be amended by written agreement between the Annexors and the Town acting pursuant to Town Board's authorization. 13, This Agreement shall be effective and binding upon the parties immediately upon the effective date of an ordinance annexing and zoning the Property regardless of whether the Agreement is executed prior to or following the effective date of said ordinance annexing and zoning the Property. ýÿ . . . . 1 d' ,Ij ~ Maryvale, LLC Maryvale, LLC Rich Nipert, Manager E. Rick Watrous, Manager STATE OF COLORADO ) tJ/'J'~ ~€AJI/6,e. ) ss. C OF tAN!) ) The foregoing instrument was acknowledged before me this ~olday of apA'J . 1998 by Rich Nipert. WITNESS my hand and official seal My commission expires tf/; 'i It; f . Ck~}J;.1/~ Notary Public The foregoing instrument was acknowledged before me this _ day of , 1998 by E. Rick Watrous. WITNESS my hand and official seal My commission expires Notary Public Town of Fraser Jeff Johnston, Mayor Vicky Winter, Town Clerk ýÿ . ,~ . . v0 . d ittJ..IJl t!:d ~~~I Maryvale. LLC Maryvale, LLC . Rich Nipert. Manager E. Rick Watrous, Manager STATE OF COLORADO ) ) S5. COUNTY OF GRAND ) The foregoing instrument was acknowledged before me this _ day of . 1998 by Rich Nipert. WITNESS my hand and official seal My commission expires Notary Public f'kl.-ftJ ""'.kflIh...t. .. L The foregoing instrument was acknowledged before me tbis~y of ~'U- 0 , 1998 by E. Rick Watrous. '-"'.'.'. ~.' 0 S I. --, WITNESS my band and official ~al ........~':.~......:...~~..,~...... (;;, ~ :.:l"; ..1A~,. ...." ~ My commission expires ~ di) I . : ..., f \ : ~ : , -.- ! : . . - . . - ..' ~ .!::).. '. <....-. .... cP~'" PUBL\ .....Sj.... ~J./\f\;,.,; . "'. ..,i;:...........~""./ . ...., C' OF CO~ .' NotaryPU t \ 1.,....,...- Town of Fraser Jeff Johnston. Mayor Vicky Winter, Town Clerk v0' d 90::;9686 01. WOd.::l Wdl.v: m :366 T-E0-ve. ýÿ " , . . TO\VN OF FRASER, COLORADO RESOLUTI01'; NO. 1998- A RESOLUTION APPROVING AN ANNEXATION AGREENIENT. \VHEREAS, the Board of Trustees of the Town of Fraser, Colorado, has tound a petition tor the annexation of certain tenitory to be in substantial compliance with the requirements of Section 31- 2-107(1), Colorado Revised Statutes; and WHEREAS, the Board of Trustees has completed a public hearing to determine if the proposed annexation complies with Section 31-12-104 and 105, Colorado Revised Statutes, to establish eligibility for annexation; and WHEREAS, the Board of Trustees wishes to enter into an annexation agreement with the o~ner of a portion of the tenitory proposed to be annexed, NOW, THEREFORE, BE IT RESOL \lED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER: That the Board of Trustees hereby approves the annexation agreement between the Town and J. Scott Bradley, Peggy L. Lore, Otto Tschudi, and Yvonne Louise-Erickson Tschudi, a copy of which is attached hereto as Exhibit 1 and fully incorporated herein by this reference; and BE IT FURTHER RESOL \lED: That the ~Iayor and Town Clerk are hereby authorized and directed to execute the attached Annexation Agreement. RESOLVED A.."\ID PASSED by the Board of Trustees this 15th day of Ap~ 1998. For: Against: Abstain: TO\VN OF FR..ASER By: Jeff Johnston, .Mayor Attest: Virginia Winter, Town Clerk [5 E A L] ýÿ , , . . This ab1feement is made and entered into this 15th day of April, 1998 by and between J. Scott Bradley, Peggy L. Lore. Otto Tschudi, and Yvonne Louise-Erickson Tschudi, ("annexor"") and the Town of Fraser, Colorado, (Town). In consideration of the mutual obligations, benefits, duties, and promises, the parties agree as follows: I, Annexor is the owner of the property described as "tract 3" in Exhibit A attached hereto (identified as the "property" in this document) and, furthermore, that J. Scott Bradley has the authority to enter into this agreement. If Annexor needs to obtain the consent or agreement of another party in order to effectuate this agreement, Annexor shall do so and shall provide adequate and necessary documentation to the Town regarding the same (Exhibits B and C). 2. Town shall initiate the annexation and zoning processes to annex the property into the Town on March 6, 1998, or as soon thereafter as the Town deems appropriate. All applicable annexation and zoning fees are waived by the Town. The Town will annex the property in conjunction with other properties as shown on Exhibit A. 3. Nothing contained in this agreement shall constitute or be interpreted as a repeal of existing codes or ordinances or as a waiver of Town's legislative, governmental, or police powers to promote and protect the health, safety, or general welfare of the municipality or its inhabitants; nor shall this Agreement prohibit the enactment or collection by Town of any fee which is of uniform or general application, or necessary for the protection or promotion of the public health or welfare. 4. If the annexation of the property or any portion thereof is challenged by a referendum or an initiative, all provisions of this Agreement, together with the duties and obligations of each party, shall be suspended pending the outcome of the election. If the challenge to the annexation results in disconnection of the property from Town, then this Annexation Agreement and all provisions contained herein shall be null and void and of no further effect, except as otherwise provided herein. If the challenge fails, then Annexor and Town shall continue to be bound by all the terms and provisions of this Annexation Agreement. 5. In the event that the annexation of the property or any portion thereof is voided by the final action of any court (such action not being associated with a referendum or initiative election), Town and Annexor shall cooperate to cure the legal defect which resulted in disconnection of the property, and upon such cure this Annexation Agreement shall be deemed to be an agreement to annex the property to Town pursuant to 31-12-121, c.R.S. Annexor shall reapply for annexation, or the Town may sign, as Annexor's attorney-in-fact, a petition to annex. when the property becomes eligible for annexation as determined by Town. 6. It is understood and agreed by the parties hereto that if any part, term, or provision of this Agreement is by the Courts held to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as u} ab1feement did not contai.n the rJ 11 particular part, term, or provision held illegal or invalid. 0 S fr J:t! &~ j''- tr ~ )!) ~ iff ~ j'ft1 . . . 7. Annexor has requested that the property be zoned, "Business" with all applicable uses by right in accordance with the Fraser Zoning Ordinance. The Business zone designation is compatible with surrounding development and land uses, promotes the objectives of the Town's Zoning Ordinance, and is the most reasonable and appropriate zoning for the Property. Annexor shall have the right to disconnect from~raser if the property is not zoned Business. 1Si 8. Except as expressly provided herein, all Town ordinances, regulations, codes, policies and procedures shall be applicable to the use and development of the Property. 9. The Town will provide municipal services to the Property to the same extent, and upon the same terms and conditions, as those services are provided throughout Fraser except as identified below: a) Water and sanitary sewer lines shall be extended by the Town to serve the property no later than October 31, 2000, unless otherwise agreed to by the parties. b) Any decreed water rights associated with the property as of April 15, 1998 shall be deeded to Fraser no later than October 31,2000, unless otherwise agreed to by the parties. c) Prior to October 31,2000, annexor shall have the right to utilize the commercial well that exists on site (subject to State regulations) and has the right to apply to the Town for a zoning code variance that may allow the use of a temporary sanitary treatment facility on the property. 10. This Agreement shall be recorded with the Clerk and Recorder of Grand County, Colorado and shall run with the land, and shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of the parties hereto. 11. This Agreement embodies the whole agreement of the parties. There are not promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreement, either verbal or written, between the parties hereto. This Agreement may be amended by written agreement between the Annexors and the Town acting pursuant to Town Board's authorization. 12. This Agreement shall be effective and binding upon the parties immediately upon the effectivydat~)of an ordinance annexing and zoning the Property regardless of whether the AJlI' e~yB executed prior to or fOll~ effective date of said ord:tce annexing and zon gtlrePr rty.If;l7!L.f.a,.~ ~4,t)~.... ~ -# <--.- # 11 V ~;c~ ~ . ~ 4!r6'frN~ W'-. f/~,.J~ kuU &-,d5<''''~ &J~~ ) a~a~dN7 "'~. ) ss. COUNTY OF GRAND ) . . The foregoing i~el was acknowledged before me this -3- day of . , 1998 by 1. sco:zradley. F "-Sh a--tK etd .~IQA/t (.~~ A~, L. . ".r /,I I-1't;JIb ~,~~ a--( ~1!n; ?,-.,~.RsiJ~ WITNESS my hand and official seal -;ts., . ~~':!{.,.' , / ~.. .",' '1.;., My commission expires J J. . J, g . ~ 00 J ~ / S!\NORA \ ~ . I 'ER" . \ WAL~' I .t '-. .. 5::) - I. J J j i p'. ."~ ~CV'YI CL ) fJ. 'j () :;.A./ 'I !-.~.~..... .....~<it. , I'" ....... ~ Notary Public ~. C OF C\)\.: Town of Fraser Jeff Johnston, Mayor Vicky Winter, Town Clerk ;ft)r Jl5~ /lLL ~7'frf CJ(/r~:;if yL ~r 7~f'tf JHt'I-,29-1998 10:5-.1 BRADLEY g, HSSUL ~ I \J " ~b ';f:><1..!. 1"'.1:.1':: . . POWER OF ATTORNEY - ANNEXATION ~OW ALL PERSONS BY THESE PRESENTS: that I, Peggy L. Lore, of the County of .>.eJV'\~-../ , State of Colorado. do make, constitute and appoint J. Scott Bradley, of the County of Grand, State of Colorado, to act as my true and lawful attorney for me and in my name, place and stead for my sole use and benefit to petition for and otherwise consent to the annexation to the Town of Fraser, Colorado and/or Fraser Sanitation District of the following described real estate situate in the County of Grand, State of Colorado, to wit: An approximately 1.54 acre parcel of land. being a portion of the SE/4SW/4 of Section 20, Township 1 South. Range 75 West of the 6th P,M., Grand County, Colorado, being more particularly described as follows: Beginning at the center-south 1/16 corner of said Section 20, being a plastic-capped rebar stamped LS 3913; thence SOQ-18-28E, a distance of 254.96 feet. to a boat spike stamped LS 3660, being a point on the northerly right of way of U.S. Highway 40: thence N61-08-14W. along said right of way. a distance of 70.02 feet: thence N65-14-19W, along said right of way, a distance of 82.31 feet; thence N6S-26-16W, along said right of way, a distance of 443.99 feet, to an aluminum-capped, 1/2" rebar stamped LS 11415, being a point on the east-west centerline of said SW/4 of Section 20; thence N89-46-28E. along said east-west centerline, a distance of 538.52 feet. to the point of beginning. My said attorney-in-fact is hereby authorized and empowered to make, execute, acknowledge and deliver petitions for annexation and other instruments in writing of every kind and nature, upon such terms and conditions as my. said attorney may deem necessary and convenient to accomplish such annexation of said real estate. My said attorney shall have full power and authority to do and perform all acts necessary to be done to complete the annexation of said real estate, with full power of revocation, hereby ratifying and confirming all that said attorney shall lawfully do or cause 'to be done by virtue of this Power of Attorney and the powers contained herein. This Power of Attorney shall not be affected by disability of the principal. Executed this ~O day of January, 1998. ~~l..~ ~ J (C(Q)f'f Peggy L. Lore, Principal STATE OF Colorado ) ~ )55. COUNTY OF ) ""- The foregoing instrument was acknowledged before me this 3d day of January, 1998, by Peggy l. Lore, the Principal. Witness my hand and official seal. My commission expires: ~ 3 d; :J...Jf(Jd /J~ ht-7 (SEAL) Notary Poblic c'\form5\POB anneX:ltJon TOTAL P.02 ýÿ 0 P.R OF ATTORNEY - ANNEXA TIO. KNOW ALL PERSONS BY THESE PRESENTS: that I, Otto Victor Tschudi, of the County of '~/I ~(Ciil( I'~CO . State of California. do make, constitute and appoint J. Scott Bradley, of the County of Grand, State of Colorado, to act as my true and lawful attorney for me and in my name, place and stead for my sole use and benefIt to petition for and otherwise consent to the annexation to the Town of Fraser, Colorado andlor Fraser Sanitation District of the following described real estate situate in the County of Grand, State of Colorado, to wit: An approximately 1.54 acre parcel of land, being a portion of the SEl4SW/4 of Section 20, Township 1 South, Range 75 West of the 6th P.M., Grand County. Colorado, being more particularly described as follows: Beginning at the center-south 1/16 comer of said Section 20, being a plastic-capped rebar stamped LS 3913; thence SOO-18-28E, a distance of 254.96 feet, to a boat spike stamped LS 3660, being a point on the northerly right of way of U.S. Highway 40; thence N61-08-14W, along said right of way, a distance of 70.02 feet; thence N65-14-19W, along said right of way, a distance of 82.31 feet; thence N65-26-16W, along said right of way, a distance of 443.99 feet, to an aluminum-capped, 1/2" rebar stamped LS 11415, being a paint on the east-west centerline of said SW/4 of Section 20; thence N89-46-28E, along said east-west centerline, a distance of 538.52 feet, to the point of beginning. My said attorney-in-fact is hereby authorized and empowered to make, execute, aCknowledge and deliver petitions for annexation and other instruments in writing of every kind and nature, upon such terms and conditions as my said attorney may deem necessary and convenient to accomplish such annexation of said real estate. My said attorney shall have full power and authority to do and perform all acts necessary to be done to complete the annexation of said real estate, with full power of revocation, hereby ratifying and confirming all that said attorney shall lawfully do or cause to be done by virtue of this Power of Attorney and thed powers contained herein. This Power of Attorney shall not be affected by disability of the principal. ~ Executed this ~ CC(O(Plf ..... . STATE OF California ) ~ -Fr~)ss. COUNTY OF ) "1\.-. . The foregoing instrument was acknowledged before me this 2.. 9 day of January, 1998, by Otto Victor TSchudi, the Principal. Witness my hand and official seal. My commission expires: 'U:::;DO ~ N~~~c$ (SEAL) c:llorms'poOl ;annexation )~'-"---------.-.._--.-..J"'lrt... o. Sheelagh Walsh f · Comm.1I1112592 ~. . NOTARY PUDllC CAlIFOAN'AG) ~ \: ' Cory 0\ ~t)llnIY 01 San F/ancl~co () i ",,",;~'~;.;. Carom e.p Stlpr :!!) ~OOO ~ TtJTHL P.02 ;-?,,-.>-";"~. . .~ ýÿ Jf.IN-,2<J- t ')':)8 1tJ: 3-1 8RADLEY g, ASSOC 97~ 726 9522 P.~2 ( . . POWER OF A rrORNEY - ANNEXATION KNOW ALL PERSONS BY THESE PRESENTS: that I, Yvonne Louise-Ericksen Tschudi, of the County of fnd;'4 e;"~a..State of California. do make, constitute and appoint J. Scott Bradley, of the County of Grand. State of Colorado. to act <lS my true and lawful attorney for me and in my name, place and stead for my sole use and benefit to petition for and otherwise consent to the annexation to the Town of Fraser, Colorado and/or Fraser Sanitation District of the fOllowing described real estate situate in the County of Grand, State of Colorado, to wit: An approximately 1.54 acre parcel of land, being a portion of the SEl4SW/4 of Section 20, Township 1 South, Range 75 West of the 6th P.M., Grand County, Colorado, being more particularly described as follows: Beginning at the center-south 1/16 comer of said Section 20, being a plastlc-capped rebar stamped LS 3913; thence SOO-18-28E, a distance of 254.96 feet, to a boat spike stamped LS 3660, being a point on the northerly right of way of U.S. Highway 40; thence N61-08-14W. along said right of way, a distance of 70.02 feet; thence N65-14-19W, along said right of way, a distance of 82.31 feet; thence N65-26-16W. along said right otway, a distance of 443.99 feet, to an aluminum-capped, 1/2" rebar stamped LS 11415, being a point on the east-west centerline of said SW/4 ot Section 20; thence N 89-46-28 E. along said east-west centerline, a distance of 538.52 feet, to the point of beginning. My said attorney-in-fact is hereby authorized and empowered to make, execute, acknowledge and deliver petitions for annexation and other instruments in writing of every kind and nature, upon such tenns and conditions as my said attorney may deem necessary and convenient to accomplish such annexation of said real estate. My said attorney shall have full power and authority to do and perform all acts necessary to be done to complete the annexation of said real estate, with full power of revocation, hereby ratifying and confirming all that said attorney shall lawfully do or cause to be done by virtue of this Power of Attorney and the powers contained herein. This Power of Attorney shall not be affected by disability of the principal. Executed this '::s 1~c.c~ ~ day of a ry, 1 8. ~,~/ t(Q){P1f STATE OF California ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of January, 1998. by. Yvonne louIse-Ericksen Tschudl, the Principal. Witness my hand and official seal. My commission expires: S'e.~ Ai-l-~ c ~d (SEAL) Notary Public c:\forma'4>oa annoxalfon TOTAL P.02 CAUFORNIA ALL.PURPOSE ACKNOWLEDGMENT No. 5907 (~. ----- -- - - - - - - - - State of C'(;i j;,-!vrrJ,' t; County of (' () 17 +r-b.. Co -:;;-/ t:\ On 0{)YtL~/l/ c~ )7'78 before me, .C CAT{ , personally appeared \j v' U J'1n-< L;)vl; $-( t-y- jelL s-t.'r7 T..~c h IACl,' , f NAME(S) OF SIGNEn(S) o personally known to me - OR - ~ proved to me on the basis of satisfactory evidence tq be the person~ whose name~ is/aTe' subscribed to the within instrument and ac- knowledged to me that Re/she/they executed the same in I=tts/h e r/ttrei r authorized capacity(j.e'.S) , and that by hts/her/ttTe-ir signature~ on the instrument the personCz), or the entity upon behalf of which the -=u~=-.ul personGs') acted, executed the instrument. I I@ ~~~ - NotaIy N*: - CCII1clmIa WITNESS my hand and official seal. I ,. -CQny. ~ _~ec::~~1~~11 -- ~1 ~ OPTIONAL \ ., Tnough the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT , o INDIVIDUAL o CORPORATE OFr=ICER Po //IJ t tr 0/ .f)-I-hrn ~ i . . TITLE OR TYPE OF DOCUMENT TIll.:;S) . o PARTNER(S) o LIMITED o GENERAL o ATTORNEY-IN-PACT NUMBER OF PAGES .. - o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: DATE OF DOCUMENT SiGNE:11S RE?RESENTING: N.\ME ':JF "!:.~SCN(S) OR cNnrt(IE:; SIGi'lE:1(S) OTHE~ THI-.N I'lA.MED ABOVE I:::::----_:>_-:?:->-;..--?--~~..- __ ---- --- - - -____ ~>_.;,,_;;>:';:J C1993 NATIONAL NOT).AY ASSOCIATION. 82:l8 Remme, Ave.. P.O. Sax 71801. Co1nog3 Pat1c. C). 91309-718.& . , . . TOWN OF FRASER, COLORADO ORDINANCE NO. 1998- _ AN ORDINANCE APPROVING TIlE ANNEXATION OF CERTAIN TERRITORY TO TIlE TOWN OF FRASER, COLORADO. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO: Section 1. That a Petition for Annexation, together with four (4) copies of the annexation map as required by law, was filed with the Board of Trustees on March 6, 1998, by the owners of over fifty percent (50%) of the area of the territory hereinafter described, exclusive of public streets and alleys, and comprising more than fifty percent (50%) of the landowners of the property to be annexed The Board of Trustees, by resolution at a properly noticed meeting on April 15, 1998, accepted said Petition and found and determined that the applicable parts of the Municipal Annexation Act of 1965, as amended, have been met and further determined that an election was not required under the Act and that no additional terms and conditions were to be imposed upon said annexation, other than those terms and conditions and conditions agreed to and set forth in the Annexation Agreement's dated April 15, 1998, between the Town and the petitioning landowners of Tracts 1, 2 and 3, copies of which agreements have has been introduced into the record of the public hearing on this matter on April 15, 1998. Section 2. Annexation Aooroved. That the annexation to the Town of the following described property is hereby approved: BOUNDARY DESCRIPTION: A TRACT OF LAND BEING A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SE1I4SWl/4) OF SECTION 20, THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 20, THE NORTH HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 29 AND THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, ALL IN TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS; Beginning at the South Quarter Comer of Section 20; Thence North 001>26' West along the West Line of Southwest Quarter of the Southeast Quarter (SWl/4SEl/4) of Section 20 a distance of 1,102.70 feet; -1- ýÿ . T . . THENCE South 61059'47" East a distance of343.18 feet; THENCE South 56031 '25" East a distance of 342.69 feet; THENCE South 41004'23" East a distance of 120.80 feet; THENCE South 56031 '25" East a distance of 135.02 feet; THENCE South 71058'51" East a distance of 120.78 feet; THENCE South 56DJ6'15" East a distance of 1,129.95 feet; THENCE South 56030'00" East a distance of 180.00 feet; THENCE South 33030'00" West a distance of 40 feet more or less; THENCE South 56030'00" East a distance of20.00 feet; THENCE North 33030'00" East a distance of 505.19 feet more or less; THENCE North 56030'00" West a distance of 175.00 feet; THENCE North 33030'00" East a distance of 123.12 feet; THENCE North 20~7'22" West a distance of97.99 feet; THENCE North 52~1'56" West a distance of 130.58 feet; THENCE North 6803rOO" West a distance of217.27 feet; THENCE North 60059'53" West a distance of222.49 feet; THENCE North 84DJ4'1O" West a distance of94.32 feet; THENCE South 71~5'43" West a distance of83.82 feet; THENCE South 50046'16" West a distance of 136.99 feet; THENCE North 67002'41" West a distance of348.11 feet; THENCE North 44044'27" West a distance of383.42 feet; THENCE North 39004'37" West a distance of 111.30 feet; THENCE North 59013'14" West a distance of 124.47 feet; THENCE South 75040'28" West a distance of 85.06 feet; THENCE South 88056'15" West a distance of 176.76 feet; THENCE North 78"21'25" West a distance of 75.00 feet; THENCE North 31 DJ3'11" West a distance of 138.14 feet to a point on the North line of said Southwest Quarter of the Southeast Quarter (SW1/4SE 1/4) of said Section 20; Thence South 89D44'47" West a distance of200 feet along the North Line of the Southwest Quarter of the Southeast Quarter (SW1I4SEl/4) of Section 20 to the Northwest corner of Southwest Quarter of the Southeast Quarter (SW1I4SE1/4) of Section 20; Thence South 89043'05" West a distance of 1316.58 feet along the North Line of the Southwest Quarter of the Southeast Quarter (SW1/4SE1/4) of Section 20 to the Northwest Comer of the of the Southeast Quarter of the Southwest Quarter of said Section 20; Thence South 00~O'02" East a distance of 1,325.01 feet along the West Line of the Southeast Quarter of the Southwest Quarter (SEl/4SWl/4) of Section 20 to the Northeast Comer of the Northwest Quarter of the Northwest Quarter (NWl/4NWl/4) of Section 29; -2- . . Thence South 89040'12" West a distance of811.19 feet along the North Line of the Northwest Quarter of the Northwest Quarter (NWl/4NWl/4) of Section 29 to the Northerly Right-of-Way line of the Denver & Rio Grande Western Railroad (Formerly Known as the Southern Pacific Railroad); Thence the following seven (7) courses along said Northerly Right-of-Way 1.) South 19~3'21" West a distance of96.78 feet; 2.) South 16049'59" West a distance of 175.78 feet; 3.) Along the arc of a non-tangent curve to the left having a radius of 617.15 feet, an arc length of 1,416.63 feet, a central angle of 131031'07", the chord of which bears South 53052'10" East a distance of 1,125.47 feet; 4.) North 55~5'43" East a distance of 175.77 feet; 5.) North 52052'19" East a distance of79.50 feet; 6.) North 55"34'55" East a distance of201.94 feet; 7.) Along the arc of a non-tangent curve to the right having a radius of 816.78', a central angle of70~O'02", and an arc length of 1,002.64 feet, the chord of which bears North 84~6'39" West a distance of940.86 feet; to the East Line of the Northeast Quarter of the Northwest Quarter (NEl/4NWl/4) of Section 29; Thence North 00"31'55" West a distance of 764.77 feet along the East line of the Northeast Quarter of the Northwest Quarter (NEl/4NWl/4) of Section 29 South Quarter Comer of said Section 20, being the Point of Beginning. Said Tract contains 103.006 acres, more or less. County of Grand State of Colorado Legal Description of Tract 1 Owned by Petitioning Landowners M.J. Sumrall and Steve Sumrall: All that portion of the Southeast one-quarter Southwest one-quarter (SEl/4,SWl/4) of Section 20~ Township 1 South, Range 75 West of the 6th P.M. described as follows: Commencing at the Northwest comer ofthe Southeast one-quarter, Southwest one- quarter (SE1I4, SWII4) of said Section 20; Thence South OO~O'O 1" East, along the West line of the Southeast one-quarter Southwest one-quarter (SEl/4, SWl/4) of Section 20, a distance of582.71 feet to the Point of Beginning; Thence North 89039'59" East, 333.77 feet; -3- . . Thence South OO~O'O 1" East, parallel with the West I ine of the Southeast one-quarter of the Southwest one-quarter (SE1I4, SWl/4) of said Section 20, a distance of652.55 feet; Thence South 89039'59" West 333.77 feet to the West line of the Southeast one-quarter Southwest one-quarter (SEl/4, SWl/4) of said Section 20; THENCE North OO~O'O 1" West along the West line of the Southeast one-quarter Southwest one-quarter (SEl/4, SWl/4) of said Section 20, a distance of652.55 feet to the Point of Beginning. Said Tract contains 5.000 acres, more or less. County of Grand State of Colorado Legal Description of Tract 2, owned by Maryvale, LLC: A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 29, ALL IN TOWNSIllP 1 SOUTH, RANGE 75 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, AND CONSIDERING THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20 TO BEAR N89042'50"E WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO: Thence N89042'50"E along said North line a distance of 471.44 feet to the Southerly Right-of-Way Line of U.S. Highway 40; Thence the following four (4) courses along said southerly Right-of-Way line: 1.) S66045'02"E a distance of 424.20 feet; 2.) S65017'39"E a distance of 297.57 feet; 3.) Along the arc ofa non-tangent curve to the right having a radius of 2794. 80 feet, a central angle of 03037'58" and an arc length of 177.21 feet, the chord of which bears S61 ~3'38"E a distance of 177.18 feet; 4.) S57014'43"E a distance of38.65 feet to the East Line of said Southeast Quarter of the Southwest Quarter of Section 20; Thence SOO~6'OO"E along said East Line a distance of 922.11 feet to the South Quarter Corner of said Section 20; -4- ýÿ . . Thence SOoo31'55"E along the East Line of said Northeast Quarter of the Northwest Quarter of Section 29, a distance of 764.77 feet to the Northerly Right-of-Way Line of (Formerly Southern Pacific Railroad) as shown on Filing Map k-4-678 (Now the Denver & Rio Grande Western Railroad); Thence the following seven (7) courses along said northerly Right-of-Way Line: 1.) Along the arc of a non-tangent curve to the left having a radius of 816.78 feet, a central angle of70~0'01" and an arc length of 1002.64 feet, the chord of which bears N84~6'30"W a distance of 940. 86 feet; 2.) S55034'55"W a distance of201.94 feet; 3.) S52055'19"W a distance of79.50 feet; 4.) S55~5'43"W a distance of 175.77 feet; 5.) Along the arc ofa non-tangent curve to the right having a radius of617.15 feet, a central angle of 131 OJ 1'07" and an arc length of 1416.63 feet, the chord of which bears N53052'10"W a distance of 1125.47 feet; 6.) NI6049'59"E a distance of 175.78 feet; 7.) NI9~3'21"E a distance of96.78 feetto the North Line of said Northwest Quarter of the Northwest Quarter of Section 29; Thence N89040'12"E along said North Line a distance of 811.19 feet to the Northeast Comer of said Northwest Quarter of the Northwest Quarter of Section 29; Thence NOO~O'O 1 "W along the West Line of said Southeast Quarter of the Southwest quarter of Section 20, a distance of 89.74 feet to the Southwest Comer of that Parcel of Land described as an exception parcel in Book 422 at Page 607; Thence the following three (3) courses along said parcel; 1.) N89039'59"E a distance of333.77 feet; 2.) NOO~O'O 1 "W a distance of 652.56 feet; 3.) S89039'59"W a distance of333.77 feet to the West Line of said Southeast Quarter of the Southwest Quarter of Section 20; Thence NOO~O'OI "W along said West Line of the Southeast Quarter of the Southwest Quarter of Section 20, a distance of582.71 feet to the Point of Beginning. Said Tract Contains 70.290 acres, more or less. County of Grand State of Colorado Legal Description of Tract 3 owned by Scott Bradley, et al: A PART OF THE SOUTHEAST ONE-QUARTER SOUTHWEST ONE-QUARTER (SEl/4, SW1/4) OF SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: -5- ýÿ . . Beginning at the Northeast corner of said Southeast one-quarter Southwest one-quarter (SE1/4SW1/4); Thence South 00~6' East, along the East line of said Southeast one-quarter Southwest one-quarter (SE1/4SW1/4) 259.00 feet to a point on the Northerly right-of-way line of U.S. Highway 40; Thence Northwesterly along said right-of-way line 607.00 feet to a point on the North line of said Southeast one-quarter Southwest one-quarter (SEl/4SWl/4); Thence North 89042'50" East, along said North line, 539.35 feet to the Point of Beginning. Said Tract contains 1.60 Acres, more or less. County of Grand State of Colorado Legal Description Of Tract 4 owned by Grand County Water & Sanitatino District No.1 A TRACT OF LAND LYING NORTHEASTERLY OF U.S. mGHWA Y No. 40 WITIllN THE S1/2SEl/4 OF SECTION 20 AND THE NEl/4NEl/4 OF SECTION 29, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS; Beginning at the South 1/4 corner of Section 20; Thence proceeding North 00~6' West along the North-South centerline of Section 20 a distance of 1,102.32 feet to the TRUE POINT OF BEGINNING; THENCE proceeding South 61059'47" East a distance of 343.18 feet; THENCE South 56031'25" East a distance of342.69 feet; THENCE South 41004'23" East a distance of 120.80 feet; THENCE South 56031'25" East a distance of 135.02 feet; THENCE South 71058'51" East a distance of 120.78 feet; THENCE South 56036'15" East a distance of 1,129.95 feet; THENCE South 56030'00" East a distance of 180.00 feet; THENCE South 33030'00" West a distance of 40 feet more or less; THENCE South 56030'00" East a distance of20.00 feet; THENCE North 33030'00" East a distance of 505.19 feet, more or less; THENCE North 56030'00" West a distance of 175.00 feet; THENCE North 33030'00" East a distance of 123.12 feet; THENCE North 20~7'22" West a distance of97.99 feet; THENCE North 52~1'56" West a distance of 130.58 feet; -6- ýÿ . . THENCE North 68031'00" West a distance of 217.27 feet; THENCE North 60059'53" West a distance of222.49 feet; THENCE North 84034'10" West a distance of94.32 feet; THENCE South 71"25'43" West a distance of 83.82 feet; THENCE South 50046'16" West a distance of 136.99 feet; THENCE North 6T'02'41" West a distance of348.11 feet; THENCE North 44044'27" West a distance of383.42 feet; THENCE North 39004'37" West a distance of 111.30 feet; THENCE North 59013'14" West a distance of 124.47 feet; THENCE South 75040'28" West a distance of 85.06 feet; THENCE South 88056'15" West a distance of 176.76 feet; THENCE North 78"21'25" West a distance of75.00 feet; THENCE North 31033'11" West a distance of 138.14 feet to a point on the North line of the Southwest 1/4 of the Southeast 1/4 of Section 20; Thence South 89044'47" West a distance of 200.00 feet to the Northwest Comer of the Southwest 1/4 of this Southeast 1/4 of Section 20; Thence South 00"26'00" East a distance of222.22 feet to the TRUE POINT OF BEGINNING. Said Tract contains 24.02 acres, more or less. County of Grand State of Colorado Legal Description Of Tract 5 owned by the State of Colorado, Colorado Department of Transportation: A PART OF THE SOUTHEAST ONE-QUARTER SOUTHWEST ONE-QUARTER (SEl/4, SWl/4) OF SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: Beginning at the Northwest corner of the Southwest Quarter of the Southeast Quarter (SWl/4SEl/4), of Section 20; Thence South 00026' East, along the East Line of said Southeast Quarter of the Southwest Quarter (SEl/4SWl/4) a distance of259.00 feet to a point on the Northerly R.O.W.line of U.S. Highway 40, being the POINT OF BEGINNING; Thence Northwesterly along the said Northerly R.O. W. line of U.S. Highway 40 a distance of 607.00 feet to a point on the North line of said Southeast Quarter of the Southwest Quarter (SE l/4SWl/4) of Section 20; -7- ýÿ . . Thence South 89042'50" West distance of305.76 feet along the said North Line of the Southeast Quarter of the Southwest Quarter of Section 20, to a point on the Southerly R.O.W. of U.S. Highway 40; Thence South 66045'02" East a distance of 424.20 feet; Thence South 65017'39" East a distance of 297.57 feet; Thence along the arc of a non-tangent curve to the right having a radius of 2,794.80 feet, a central angle of 03037'58" and an arc length of 177.21 feet, the chord of which bears South 61~3'38" East a distance of 177.18 feet; Thence South 57'14'43" East a distance of38.65 feet; Thence North 00026' West a distance of 142.80 feet along the East Line of the Southeast Quarter of the Southwest Quarter of Section 20; to the Point of Beginning. Said Tract contains 2.07 acres, more or less. County of Grand State of Colorado Section 3. Severabilitv If any section, subsection, or clause of this Ordinance, or the annexation of any lot or tract of land affected hereby shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses, and the annexation of the remaining lots or tracts of land, shall not be affected thereby. APPROVED, this 15th day of April, 1998 by a vote of: FOR: AGAINST: ABSTAIN: ATTEST: TOWN OF FRASER By: Virginia Winter, Town Clerk Jeff Johnston, Mayor [S E A L] -8- . . . . Published in the Winter Park Manifest on April , 1998 . -9- . ANNEXA t>N . ANNEXATION AREA w8R1PTION FOR OWNERSHIP TRACT 2 (CONT1IIU!:ol MAP FOR BOUNDARY DESCRIPTION: A T!W:T OF lAND IIEING A POImON OF THE SOUTHEAST QWlRf[R OF THE SOUfH1lEST QUARTER (SEI/4SWl/4) OF SECTION 20, THE SOUTH fWF OT _ SOUTHEAST QUARTER OF SECTION :!1J, _ NORTH fWF OF _ NORTHWEST ONE -0UAJm:R OF Thence SOO'J1'55"E a10nq the East Line of said Northeast Quarter of the Northwest Quarter of Section 29. (I distance of TOWN OF FRASER SECTION 29 AND THE NORTHEASf QUARTER QF THE NORTHEAST QUARTER OF SECTION 29. "lL IN TOWNSHIP 1 SOUTH, RANGE 75 164.n feet to the Northerly Rlqht-of-Woy Uno of (Formerly Southern PociJic RQilrocd) as shown on FiUng Map k-4-678 WEST OF THE stH P.M., DESCRIBED AS FOllOWS; (Now the Denver at Rio Gn:mde Western Railroad); 8eqinnin9 at the South Quarter Comer of Section 20; Thence the fol!owinq seven (7) C~ ttIong said northerly R19ht-of-Way line: SHEET 1 OF 2 Them:e North 01126' west QIonq the West l.ine of Southwest Quarter of the Southeast Quarter (SW1/4SEt/4) of Section 20 (I 1.) Akm9 the l1l'C of (I non-tangent curve to the left having Q rad'nl9 of 816.76 feet. (I central angle of 70"20'01" ond on arc length of 1002.64 feet. the chord of which bear9 N84'26'30'"W (I cfistcmee of 940.86 feet; BEING A PORTION OF THE distance of 1,102.70 feet; 2.) SSSJ4'55-W 0 distance of 201.94 'eel; THENCE South 61'59'47" East a distance of J4J.18 feet: J.) 552"55'19'" Q dIstance of 79.50 feet; .... 4.) 555"25'4J-' a dbtonce of 175.n feet:; SE1 ~ SW1 /4 OF SECTION 20, THENCE South 56"31'25" East a dislanc:e of 342.69 feet; 5.) Along the arc of (I non-tcmqent curve to the riqht hovtl'lq a radius of 617.15 reet. a central angle of 131"3,'07" and .... THENCE South 41'04'23. East a distance of 120.80 feet; <0 an ore \.on9th of 1416.83 feet. the chord of which bears N5S52',O"W a distarn:e'" 1125.47 feet: - I() THE SOU 1 /2 SE 1/4 OF SECTION 20, THENCE South 56"3"25" East a distance of 135.02 feel: 6.) Nl6"49'59~ a distanc:e of 175.18 feet: -I 0 THENCE South 71.58'5'. East 0 distance of 120.78 feet: 7.) Nl9"2J"2,r; a distcmce of 96.78 feet to the North Une of SGid Northwest Quarter of the Northwest Quarter of Section i I() THENCE South 56"36"5- East q di8tcmce 01 1,129.95 feet: I THE NORTH 1/2 NW1/4 OF SECTION 29 TliENCE South 56"30'00" East (I crtstance of 180.00 feet; 29: N Ol THENCE South ),l"J(too. West a dist.ance of 40 feet more or less: Thence N89"40'12t: OIOlUJ sOld North Line Q distance.of 811.19 feet to the Northeast Corner of said North1Jeat Quarter of N AND THE NE1 /4 NE1/4 OF SECTION 29 THENCE South 56"30'00. East a d'tStanec of 20.00 feet; the Northwest Quarter of Section 29; I THE:NCE North JYJO'OO" East Q distance of 505.19 feet more Ql' less; .., THENCE North 56"30'00" Wast Q distance of 175.00 feet; Thence NOO"20'Ot"W o!ong the West Line of said Southeast Quarter of the Southwest Quarter of Section 20. (I distance of IaSz~ T1S. R75W, 6TH P.M. THENCE North JYJO'OO. East a distance of 123.12 feet; 89.74 feet to the Southwest Comer of that Pureet of Land described CIS an exception pan:eJ in Book 422 at Page 607; THENCE North 20"27'22. West Q distance of 91.99 feet; VI O~ THENCE North sr21'sa- West a distance of of 130.58 feet; Thenc. the followmg _ (3) oaunleS .Iong .... ..._, GRAND COUNTY, COLORADO TH[NCE North 68'31'00" _ . dIatance of 217.27 'eel; 1.) N89"39'59"'E a distance 01 333.n feet; _ -N THENCE North 60"59'53" West Q d"'lStance of 222.49 feet; 2 .) NOO"20'01-W a d"tStonee of 552.58 feet: -I S~ THENCE North 84'34'10. West a distonce of 94.32 feet: 3.) SB9'39'S9"W a distance of JJJ.n feet to the .WcsI Line 01 said Southeast Quarter of the Southwest Quarter of Section ::! 0 THENCE South 71-25'43" Weat a distance of 83.82 feet; 20; THENCE South 50"48'16. West a distance of 136.99 feet: Thence NCXr20'01"W along said West tine of the Southeast Owrter of tho Southwest Oucrrter of Section 20, a distance of ~ O~ THENCE North 6T02' 41. West a distance of 348.11 feet: THENCE North .w-44'27" West Q distance of 383.42 feet: 582.71 Teet 10 the Point of Bo9lnnlng. al:a~ THENCE North 39'04'37" _ . d1slanco .f 111.30 feet. Said Tract Contains 70.290 acres, more or less. THENCE North 59"13'14" West a distance of 124.47 feet; Oe..> THENCE South 75'40'28" West a distance of 85.06 feet: I fC'..At I'>FSCRIPTlON FOR OWN[RSHTP iRACT 3 ..... U '" THENCE South 88'56'15. West 0 distance of 176.16 feet: :c w TH[NCE North 18'21'25" _ . dIatance of 75.00 'eel; A PAAT OF THE SOUTHE'AST ONE-OUARtER SOUTHYI<ST ONE-QUAllTER (SE1/4, SW1/4) OF SECTION 20, TOWNSHIP , SOUTH, U ~ THENCE North 31'33'11" West 0 distance of 138.14 to a point on the North line of said Southwest Quarter of the South8ast: QuarteT (SWl/4SE1/4) .f .... Section 20; RANCE 75 WEST OF _ 8TH P.II.. OESCRIBEO lIS FOllOWS: ::I ~ Thence South 89'44'47" _ . dIatance .f 200 feet along tho _ line of the _ Quarter of tho _ Quarter Boginrung at tho __ comer .f .... Sou1hoast ___er Southwest one-quorIer (SE1/4SWl/4), .. 8 (SWI/4SEI/4) of Section 20 10 the _ comer of Southwest Quarter of the _ Quarter (SWI/4SEI/4) of Thence South 00'26' Easl, along tho East ... of said Southeast ono-qUGrtor Southwest ono-quorter (SEl/4SWI/4) 259.00 _20; feet to a point on the NorthetIy rilprt-af-way fine of U.S. Highway 40: AAlIIII:= Thence South 89'43'05" West . dlslance of 1318.58 foot along the North Li"" of the Southwest Quarter of the _ Thence Northn:sterty a!on9 said riqh.t-of-woy rme 607.00 feet to G point an the North fine of said Southeast one-quarter __VI Quarter (SWI/4SEI/4) of Section 20 10 tho __ Comer of the .1 the _ Quarter .f the __ Quarter of __ ...-quarter (SE1/4SWI/4): --.i:::l sold Section 20; =~ Thence South 00'20'02" East . dlslance .f 1.325.Ql foot along tho west Line of lhe _ Quarter of the _ Thence North 89'42'50" E.... along sold North .... 539.3S feet I. the Point of ~ Quarter (SEl/4SW1/4) of Section 20 to the __ Comer., the __ Quarter of the __ Quarter Said Tract contains 1.60 Acres. more or less. ..~ (NW1/4NW1/4) of Soclion 29: rKUn.K'T TO BE ANNEXED Thence South 89"40'12- West a distGnce 0' 811.19 feet cdon9 the North Una of the Northwest Ouortcr of the Northwest --~ Quarter (NW1/4NWI/4) of Section 29. 10 tho Norther1y fli9h!-of-Way .... .f tho __ &: RIo Gnmdo _ Rai!nxld(Fonneriy Known .. the Southern Paclflc Rol1I'ood); I FGAI DESCRIPTION F"OR OWNERSHJP TRACT 4 Thence the following ...... (7) courses along _ MorthorIy Right-of-Way A TRACT OF lAND LYING NORTHEASTERLY OF Us. HIGHWAY No. 40 WITHIN _ S1/2SE1/4 OF SECTION 20 AND _ I.) South 19'23'2'" _ . dloIonc:e of 96.76 feet NE'/4NE1/4 OF SECTION 29. TOWNSHIP 1 SOUTH, RANCE,75 WEST OF !HE 6TH P.II.. DESCRIBED AS FOlLOWS; 2.) South 18'49'59" West . dloIonc:e of 175.76 feel; 0 VICINITY YAP 3.) Along the on:; of . non-tangent ....... 10 tho loft Ilcr<ing . -.. of 617.15 feet. on on:; Ienglh of 1,416.63 foot. . Bo9lnning at the South 1/4 como< of Section 20; c_ ongIe of 131"3,'07", tho chord of _ boors South 53'52'10" East . dlslance of 1,125.47 leel; a:O TOWN OF FRASER 4.) North 55'25'43" East . dIatance of 175.n leel; Thence ~ North 00'26' West oJong the North-South conlor1lno .f Soclion 20 . dlslance of 1,102.32 feet 10 the 5.) North 52'52'19" East . _ of 79.50 feel; TRUE POINT Of" BEGINNING; 8.) North 55'34'55" East . _ of 201.94 fool; TH[NCE procoodlng South 81"59'47" East . _ of 343.18 feel; O~ 7.) Along tho on:; of . nan-tangent """"' 10 the right Ilcr<ing . .- of 816.76'. . _ ongIo of 70'20'02", and on on:; Ienglh of l.0D2.84 feet. the chord of __ boors North 64'26'39" West 0 _ of 940.86 feel; to the East line of the THENCE South 55"31'25- East a distance of .l42.89 feet; THENCE South 41.04'23" East a distance of 120.80 feet; Northeast Quarter of tho _ Quarter (NE1/4IlW1/4) of _ 29: THENCE South 56'3"25' East . _ of 135.02 feel; LLO Thence North 00'31'55" Weal Q dlstonco of 7&4.n feel along the East I1ne of the _ Quarter of tho _ _ THENCE South 71'58'51" East . _ of 120.76 feel; Q....J (NEI/4NW1/4) of Section 29 South _ Comer of said _ 20. bolng the Point of IIoglnning. THENCE South 56"38'15. East a distance of 1,129.95 feet: THENCE South 58'30'00' East . _ .f 180.00 feel; Said Tract contains 103.006 acres. more or less. THENCE South 33'30'00. West a di:st4nce of 40 feet moro or less; <(0 THENCE South 58'30'00" East . _ of 2O.OD fool; THENCE North 33'30'00- East a distance of 505.19 feet more or less: ~~ THENCE North 58'30'00" West . _ .1 175.00 leel; TH[NCE North 33'30'00" East . dlslonco of 123.12 feet THENCE North 20'2722" West 0 dlslonco .f 97.99 feel; Za: THENCE _ 52"21'56" West 0 _ of '30.58 feel; THENCE North 68"3"00" West a distance of 211.27 feet; O~ THENCE North &r59'53- West a distance of 222.49 feet; THENCE North 84'"34'10. West 0 <fistcrn:ee of 94.32 feet: Nllllre ACCORDING TO COlORADO lAW, YDU lolUST COMIIENCE ANY LEGAL ACTION BASED ON ANY DEFECT iN I F't:AI ~N F'OR OWNFRSHlP TRACT 1 TH[NCE South 71'"25'43" West . _ of 63.82 'eel; -<( THIS SURVEY W1THlN THREE '/EARS AFT<R YDU FIRST DISCOVER SUCH DEFECT. IN NO EVENT. MAY Nf'( LEGAL 'THENCE South 50"46'16. West a dtstance of 136.99 feet; I-a: ACTION BASED UPON ANY DEFECT iN THIS SURVEY BE COIIMENCED MORE 1liAN TEN '/EARS FROM THE OATE !\II 1ho1 por1ion .f tho Southeast one-quorIer Southwest one-quorIer (SEl/4,SW1/4) of SecIIon 20. Townshlp , South, Rang. THENCE North 67"02'41. West a distance of 348.11 feet . . '. ANNEXA TION MAP FOR. LEGEND OWNWRSHIP TRACT 3~. TOWN OF FRASER - - - -. CONTIGUOUS FRASER TOWN BOUNDARY BRADLEY ET, AL. " BOOK 459 AT PAGE 319 ""- SHEET 2 OF 2 PERIMETER OF AREA TO BE ANNEXED GRAND COUNTY CLERK AND ""- RECORDER'S OFFICE '-. (AREA= 1.60 AC.:!:) (R) RECORD BEARING AND OlSTANCE a&. (1.55% OF TOTAL ANNEXATION) a&. <0 - .., (A) ANNEXED BEARING AND DISTANCE ... :il :1~~1i: ~ ~ T15. R1Mf. 6tH p ~ en lION. NOT rouND $ CALCULATED AlIQUOT SECTION CORNER aIIil 'I' POINT OF BEGlNNlMG l'f1 OWNERSHIP TRN:T 1 .., 0 1-------------- .:~; I OWNERSHIP TRACT 5 I ::::i t:; tj U.S. HIGHWAY 40 R.O.W. SE1/4 SE1/4 ... ~ <Xl I (AREA=2.08 AC.:!:) 39'04'37'W(R)(A) I SEC. 20 _ ail 0 I (1.96% OF TOTAL ANNEXATION) 111.30 I I ~ 0 ~ I .:ao L-''''>'. I I ... 0 u I .-2794.... I - U a:' I =:::::::. m.'. 1:C ~ g U w I _"'."'E(') ~ J 68"31'OO'W(R)(A) = 0 ...." m :] Z17.27 I - t;; ~ ~ ~ I SE1/4 SW1/4 ~:I" ~ N52'2"56"W(R)(A) I .~ ~ I SEC. 20 !!!;:; 111 ' R 130.56 I (fl ~ '!I"IBsg . - I OWNERSHIP "TRACT 1 Fill' ;: '" c; l:j SW1/4 SWl/4 1< SUMRAll. 8::; l";; iN:: ... ~ SEC. 20 ., BOOK 467 AT PAGE 870 iIl!i g :1 ~ ~ , I == 3: ~ ~ GRAND COUNlY CLERK AND a 1!l 51 , 33'30'OO"E(R)(A) I .. '" I ~ ill RECORDER'S OFFICE g. , 123.12 _ ;;!: I (AREA=5,OO AC.::!:) Ul I , I - I (486% OF TOTAL ANNEXATION) SWl/4 SE1/4 , ~8' . . I SEC. 20 , /e;s. ) ~-~~ I I" '9S "4) I 51._...... ' SB9'40'IZ"W(R)(A) J ....JlI'..-.r(.) n~ 079, BlH .oM. I OWNERSHIP TRACT 4 +' 0 I B11.19" - - FOUIIl GRAND COUNTY WAlER AND , - - - - - - - - - - OWNERSHIP TRACT 2 _ _ _ _ ~A!!ON DISTRI.9T_~ - - - - , Q - - - - - " UN( ",,'i' ""1' ',c. ,.. MAR'tVALE lLC- - - - - - - -: - BOOK 332 AT PAGE 677 a: <( ~9'23'ZI"W(R)(A) BOOK 415 AT PAGE 626 GRAND COUNTY CLERK AND 0 a: I 96 78 GRAND COUNTY CLERK AND RECORDER'S OFFICE I , . RECORDER'S OFFICE (AREA=24,02 AC,:l:) LL 0 I SI6'4959"W(R)(A) (AREA=70.29 AC.z) (23.33% OF TOTAL ANNEXATION) I I 175.78 (68.30% OF TOTAL ANNEXATION) \ 0.. d L= 1 002.64' ~ <( () I I R=816.78' ~ I I.. ""l::: I Delta= 70'ZO'OO" OF I .. t1II!f:. I I Ch.=S64'Z6'39"E 940.86 BEGINNNG - I ~ a: I ~ ANNEXATION PARCEl I I ~ Mj I N55'34'55"E(RXAl I I - <( WM L I N52'5Z'19"E(RXA) I I' a: I 79,50 I NWl/4 NE1/4 I NE1/4 NE1/4 \ <( II L=1416.63' N55'25'43"E(R)(A) SEC. 29 SEC. 29 X LL. R=617.15' 175.n NE1/4 NWl/4dlleIta=131'31 'or SEC. 29 W U. I Ch.=S53'5Z'10"E 1125.47 I I I Z 0 I I I I I ~~RIOQWa~~\~1 \ I I ~ ~ I I I I I 0 I I I I I I- L ~ ~--------------~--------------~ ______ ____ _ _ _ _ _ _ __ - - - - - - - - - - PR(\[CTNo. 98009.00 Fa!: ANNEX_CJ.DWG IlESIaI BY JlS 1lIlA1II BY NRM CHECI<IO BY JRS TABULATION: = DAlE TOTAL PER1IIETER OF AREA TO BE ANNEXED: 14,3Z9.7 It RE'oISKIiS LENGTH OF BOUNOARY CONTIGUOUS WITH FRASER TOWN BOUNOAIlY 11,137.96 It PERCENTAGE OF BOUNDARY CONTIGUOUS WITH EXISTING TOWN BOUNDARY 77.74" GRAPHIC SCALE k......J' "r' "f "i" i ," = 200' HORIZONTAL SHEET 2 Of 2 ýÿ .. II . . CHANGES AND ADDITIONS TO DRAFT AMENDED AND SUPPLEMENTED ANNEXATION AGREEMENT (Version 980410) . \ 'j ýÿ . , . e 1.4 Said Annexation Agreement was later supplemented and amended by the Supplement and Amendment to Annexation Agreement dated November 15, 1995 and recorded on March 19, 1996 at Reception No. 96002291 of said records in the office of the . Clerk and Recorder of Grand County, Colorado, whereby certain additional property annexed to the Town of Praser was made subject to the terms of said Annexation Agreement. The said Annexation Agreement, as previously amended and supplemented, is herein sometimes referred to as the "Prior Annexation Agreement". 1.5 The Prior Annexation Agreement included various provisions governing the use and development of the Property referred to therein and constituted a part of the Preliminary Development District Plan for such Property which was approved pursuant to Ordinance Nos. 153 through 159 of the Town of Praser and under which the Property was zoned PDD #1 (the "1986 Plan"). 1.6 On January 8, 1997, in connection with the realignment of Kings Crossing Road in the Town of Winter Park, Colorado, certain properties owned by Developer were disconnected from Praser and conveyed to third parties, and certain other properties were annexed to Fraser and conveyed to Developer. The properties lI,pcquired by Developer and annexed to Fraser were zoned PDD #1.~i)I..~l.lt~l. and became a part of the appro-ied 1986p~~.Ii~ ~L.li.:II"J'ilIllt4l1'''III\.IJI..1\...\._.~III..'~I'''I~. lilllllllJlil...'.lfIliJl Planlll.lI@l'~&LIiIII1.. 1.7 Developer has also sold and conveyed, or is in the process of conveying to third parties the properties described in Exhibits A-I through A-3, respectively, attached hereto and -2- 980410 ýÿ . . . incorporated by reference (the "Excluded Properties"). It is contemplated that such Excluded Properties will be rezoned and are to be excluded from the revised Planned Development District Plan, as more fully provided in Section 3.4 herein below. ~ Developer has f1led two separate Petitions for Annexation for the properties described in Exhibits A-4 and A-5, respectively, attached hereto and incorporated by reference (the "Additional Properties"), and has proposed that such Additional Properties be zoned PDD #1 upon annexation. Such Additional Properties, when combined with thelilllw.lfll property previously annexed to Fraser and zoned PDD #1, but excluding the Excluded Properties, shaH-in aggregate consist of the property legally described in Exhibit A-6, attached hereto and incorporated by reference. Such combined property is referred to herein as the "Maryvale Property" . 1.9 Developer has also filed an application with Fraser for approval of a revised Planned Development District Plan (the "PDD Plan") for the entire Maryvale Property pursuant to Ordinance No. 131, Series of 1985, also known as Section 13-3-12 of the Code of the Town of Fraser (the "PDD Ordinance"). If approved, such revised PDD Plan would allow Developer to develop on the Maryvale Property a mixture of up to 2,755 residential units (or a maximum of 3,321 residential units if individual on-site wells are not allowed on a portion of the Property under the Argumentation Plan, as provided in Article 5.0 hereot), 1,408 hotel/lodge units, 460,000 square feet of commercial space, recreation facilities, and such support activities as illustrated in the Development Plan Summary, a copy of which is attached -3- 980410 I , . . occupancy guidelines approved by the Fraser Board of Trustees and/or Grand County Housing Authority. 2.1.2 Agreement. This Amended and Supplemented Annexation Agreement for the Maryvale Property, as it may from time to time be amended as provided for herein. 2.1.3 Augmentation Plan. The existing water augmentation plan approved in Case No. 86CW258 in District Court, Water Division No.5, to be amended as provided in Article 5.0 of this Agreement to provide an adequate, legal domestic water supply for the Maryvale Property, and any separate water augmentation plan approved by the water court to provide for golf course irrigation, as provided in said Article 5.0. 2.1.4 Density. The Plan and Agreement references to density are to Parcel Density as defIned in the PDD Ordinance. 2.1.5 Development Plan Summary. The Planned Development District "'1111"<7""11 and St:tmftifl.I . dated _~'I.III''''I'';it a co of which ftl8t'I%4,c,tD""""XI r,; '4"''''' ,li!AsJllid;e"II!%lI" py ^.">W~~ dA',,_, ,__~. ...~- "','" is attached hereto as Exhibit B and incorporated herein by this reference. 2.1.6 Drainage Plan. The Drainage Master Plan prepared by P. R. Fletcher and Associates, Inc., dated December, 1997, revised February, 1998, in conceptual and schematic format and submitted as part of the Developer's revised PDD Application. 2.1. 7 Final Planned Development Plan or "FPDP". The completed application of a Final Development Plan as defmed in the PDD Ordinance and as approved by the -5- 980410 . . 2.1.15 PDD Application. The Planned Development District (PDD) Application, dated December, 1997, revised Mill}, 1998, submitted by Developer in connection with the revised PDD Plan. 2.1.16 Planned Development District or PDD. As dermed in the PDD Ordinance. The PDD for the Maryvale Property is designated as PDD #1 and includes the entire Maryvale Property. 2.1.17 Planned Development District Plan or PDD Plan. As dermed in the PDD Ordinance. Such PDD Plan for the Maryvale Property includes this Agreement and such other graphic and written documents designated by the Praser Board of Trustees at the time of annexation of the Additional Properties and approval of the PDD Application, with such conditions as may be attached to such approvals. In case of any conflict or inconsistency between the provisions of this Agreement and the provisions of such other graphic and written documents approved as part of the PDD Plan, the provisions of this Agreement shall control. 2.1.18 Planning Area. A homogeneous area considered as an increment of the Maryvale Property, and as specifically identified on the Development Plan Summary. Por example, the residential planning areas are proposed to be developed with a designated unit or product-type. Except as otherwise indicated in the Development Plan Summary, planning area boundaries are contiguous with the centerlines of the bordering streets or roads. The Development Plan Summary has broken the Maryvale Property into 27 different Planning Areas. -8- 980410 . . 2.1.28 Water Plan. The Water Master Plan prepared by P. R. Fletcher and Associates, Inc., dated December, 1997, revised February, 1998 in conceptual and schematic format and submitted as part of the Developer's revised PDD Application. 2.1.29 Water Rights. Those water and water rights, ditch and ditch rights, reservoir and reservoir rights owned by Developer and described in Exhibit C attached hereto and incorporated herein by reference. 2.1.30 Zero-Lot-Line Unit. A dwelling unit which is characterized by one sidewall, or portion thereof, the unit being along the property line to allow for a larger site and yard (typically 10 feet) on the opposite side of the unit. ARTICLE 3.0 - CONDITIONS PRECEDENT AND EFFECT OF AGREEMENT; EXCLUDED PROPERTIES; OTHER REGULATIONS 3.1 The parties agree that this Agreement is effective only upon tUl!:r~I'I~PiJi;~.~~lliitl".D:.@;.~ll_._I_l._.I(tr.r'~IIIIU1m11'l.~irilfl,~II~1 the annexation of the Additional Properties to Fraser and approval of a revised PDD Plan for the entire Maryvale Property consistent with the Development Plan Summary (Exhibit B). In the event the Fraser ordinances, or anyone of them, (i) adopting this Agreement; (ii) annexing the Additional Properties; or (iii) approving the revised PDD Plan for the Maryvale Property are not adopted by Fraser, or are amended or repealed due to referendum, appeal or initiative, then either Fraser or Developer may, at their option to be exercised within thirty (30) days after such action is fmal, declare this Agreement to be null and void, in which case the -11- 980410 . . annexation of the Additional Properties shall be void and said Additional Properties shall be disconnected from the Town and the revised PDD Plan shall be void and of no effect. In such event, the 1986 Plan shall remain valid and in effect with respect to the remainder of the . Maryvale Property previously annexed to Fraser .~fi1RiWl_mlU;lDlj."I!II-~im~"I~m mli'R.~~~~:]III~ttl:!~II~;!!~Bt'llI'.,i;llIJ,'!aI;];~IJ,lltlII:iijl~g~~~!i;illllll~;!;m];~~~ll.t:[f~~!]t~ ~1~m~;:i~i~MR!illii.Thllg.;!!~il.'lll~i;:lI~III~I9#~I,I.t:i:!I,~lii~i~.ll~.8;i];~llpfl,1~~,' .~,~~;~~.; 3.2 Subject to the provisions of Section 3.1, upon annexation of the Additional Properties and approval of the revised PDD Plan, the provisions of this Agreement shall supercede and replace all provisions of the Prior Annexation Agreement, and the provisions of the revised PDD Plan shall supercede and replace all provisions of the 1986 Plan, as they relate to the Maryvale Property. 3.3 This Agreement and the other provisions incorporated as a part of the approved PDD Plan are intended to prescribe a general plan for the use and development of the Maryvale Property. However, they are not intended to entirely supplant the Fraser land use regulations and other ordinances and regulations of Fraser as they relate to the Maryvale Property. Except as expressly waived or modified by the terms of this Agreement and the other provisions of the PDD Plan, the regulations and requirements contained in the Fraser zoning regulations (Chapter 13 of the Town Code), includirig any future amendments thereto, shall be applicable to the Maryvale Property. Further, Developer and its successors in interest shall be required to comply with all other ordinances and regulations of Fraser, including -12- 980410 ýÿ . . irrevocably conveyed, restricted, dedicated or reserved in such a manner that such water rights cannot be transferred or used separately from the golf course property. 5 .13 ij]lm~:~~I1".gJ),~.:I,~~.~it;"~i~l,j;JtI:jmQr~;itbln.,'~gi~tt~HII~~:ill~m~ w~t~r...:A~~d\~~,t.RI.i,.~,~Ii;\!'iDlf~.I~~:i,~.g.~j~9t>>.~~U~.ii~mmJlitiM',i~~~f ~,Q~~,~olllIQ~~I~,:~I~m~i:,~~tl~:'$D.ll.J.;~i~.lll~I~~iEIBM,.t'.'J.,~1l.1$'.~41If,'B.j!lltS Q~.,~~I'li.ii..lJillWI~:1I1j"IfI..:11_l!11'litllW1~'~"$DII':~~ii'~t~ttll;Jg.s1 g~~~I~.,tjj,I.ltIF":'filllBl'!lIIIJIII"IIIJ~I\II~"~.Ii'l!j:.I.J!lliill~:;~~l1il 1IIIIJt,:~!!ID~.ill.'ll1'il.lIIJ11aqg..IJ"IBI._llltI~'I.'1 1I111._\'t_'.III_lIIli__III'~:..11.1'~]. B~II'1~.i:lI[ltRll:li!111J1I1.1'&1J11I.tl_'.i:".I.II'f[__':11il ~ull~~,i~_:i'II_II,jl.lg,,:lliua'll.,i._I.g.I:.~II;!I.l.t;.I!I~L1JI"" lJIlll:::~;AE.I~;~_i.!i_l,ilig._'.1mlllm~j~I[i~!~!:glt.~.BI,,~I~~u~ .mJ!.!:t~;IJJi~.1I'1'1I:fIj_'JIIlI~!"..il"..~'I_llii'I..I~1M ~jI~~i~f,l""~~~I.'lif.l.t.,~..'"I...I..llltI.~ir.11"lilf!.!0KiBtJilla ~"tl@P,~li)!l~j..1II~..i.l'.lgrB..II..'~"..8IIj~,l.>.'li~III 11Ill11..._.~IBlj.~fl~"I8II_'!_.11111I1.1B.11.!..~tI, 11IU~b~11I,ljt.tJi!i..fI.l!i~U[~I"'.I[lIDIIIIIII'i.lfi:Dj~I~IIDI~lllI;i , ARTICLE 6.0 - SEWER 6.1 Developer has proposed to provide sewer service for the Maryvale Property by utilizing individual on-site sewage disposal systems to serve the residential units constructed -27- 980410 ýÿ I . . EXHIBIT A-5 PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 29, ALL IN TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, AND CONSIDERING THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20 TO BEAR N89042'50"E WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO: Thence N89042'50"E along said North line a distance of 471.44 feet to the Southerly Right-of-Way Line of U.S. Highway 40; Thence the following four (4) courses along said southerly Right- of-Way line: 1.) S66045'02"E a distance of 424.20 feet; 2 . ) S65017'39"E a distance of 297.57 feet; 3. ) Along the arc of a non-tangent curve to the right having a radius of 2794.80 feet, a central angle of 03037'58" and an arc length of 177.21 feet, the chord .of which bears S61023'38"E a distance of 177.18 feet; 4. ) S57014'43"E a distance of 38.65 feet to the East Line of said Southeast Quarter of the Southwest Quarter of Section 20; Thence S00026'OO"E along said East Line a distance of 922.11 feet to the South Quarter Corner of said Section 20; Thence S00031'55"E along the East Line of said Northeast Quarter of the Northwest Quarter of Section 29, a distance of 764.77 feet to the Northerly Right-of-Way Line of (Formerly Southern Pacific Railroad) as shown on Filing Map k-4-678 (Now the Denver & Rio Grande Western Railroad); Thence the following seven (7) courses along said northerly Right-of-Way Line: -58- 980410 I ýÿ . . 1.) Along the arc of a non-tangent curve to the left having a radius of 816.78 feet, a central angle of 70020'01" and an arc length of 1002.64 feet, the chord of which bears N84026'30"W a distance of 940.86 feet; 2. ) S55034'55"W a distance of 201.94 feet; 3. ) S52055'19"Wa distance of 79.50 feet; 4. ) S55025'43"W a distance of 175.77 feet; 5.) Along the arc of a non-tangent curve to the right having a radius of 617.15 feet, a central angle of 131031'07" and an arc length of 1416.63 feet, the chord of which bears N53052'10"W a distance of 1125.47 feet; 6. ) N16049'59"E a distance of 175.78 feet; 7. ) N19023'21"E a distance of 96.78 feet to the North Line of said Northwest Quarter of the Northwest Quarter of Section 29; Thence N89040'12"E along said North Line a distance of 811.19 feet to the Northeast Corner of said Northwest Quarter of the Northwest Quarter of Section 29; Thence N00020'01"W along the West Line of said Southeast Quarter of the Southwest Quarter of Section 20, a distance of 89.74 feet to the Southwest Corner of that Parcel of Land described as an exception parcel in Book 422 at Page 607; Thence the following three (3) courses along said parcel; 1.) N89039'59"E a distance of 333.77 feet, 2. ) N00020'01"W a distance of 652.56 feet; 3. ) S89039'59"Wa distance of 333.77 feet to the West Line of said Southeast Quarter of the Southwest Quarter of Section 20; Thence NOOo20'01"W along said West Line of the Southeast Quarter of the Southwest Quarter of Section 20, a distance of 582.71 feet to the Point of Beginning. Said Tract Contains 70.290 acres, more or less. County of Grand State of Colorado -59- 980410 . . . EXHIBIT A-6 PROPERTY DESCRIPTION A parcel of land located in the South one-half of the South one- half (Sl/2Sl/2) of Section 20, the South one-half of the Southwest one-quarter (Sl/2SW1/4) of Section 21, Section 28 and Section 29 all in Township 1 South, Range 75 West of the Sixth principal Meridian, County of Grand, State of Colorado, more particularly described as follows: That portion of the Southwest one-quarter of the Southwest one- quarter (SW1\4SW1\4) of said Section 20 lying Northerly and Easterly of the Southern Pacific Railroad right of way; Together with that portion of the Southeast one-quarter of the Southwest one-quarter (SEI/4SW1/4) of said Section 20 lying Southerly and Westerly of Highway No. 40; Together with the South one-half of the Southeast one-quarter (Sl/2SEl/4) of said Section 20; Together with the South one-half of the Southwest one-quarter (Sl/2SW1/4) of Section 21; Together with the Northeast one-quarter (NEI/4) of said Section 28; Together with the North one-half of the Southeast one-quarter (N1/2SE1/4) of said Section 28; Together with that portion of the Northwest one-quarter of the Southwest one-quarter (NW1/4SW1/4) of said Section 28 lying Northerly of the right of way of Kings Crossing Road as described on a Land Survey Plat recorded at Reception No. 96007615; Together with that portion of the Southwest one-quarter of the Southwest one-quarter (SW1/4SW1/4) of said Section 28 lying Northerly of said right of way of Kings Crossing Road, be there any; Together with the Northwest one-quarter (NW1/4) of said Section 28; Together with the Northeast one-quarter (NEl/4) of said Section 29; Together with those portions of the Southeast one-quarter (SEl/4) of said Section 29 as described as Parcel 3 and Parcel 4 at Reception No~ 97002916; -60- 980410 ýÿ , . . . Together with that portion of the North one-half of the Northwest one-quarter (NI/2NW1/4) of said Section 29 lying Northerly and Easterly of the Southern Pacific Railroad right of way; Toge~her with the South one-half of the Southwest one-quarter (Sl/2SW1/4) of said Section 29; Together with that portion of Northeast one-quarter of the Southeast one-quarter (NE1/4SE1/4) of Section 29 lying Northerly and Easterly of the Southern Pacific Railroad right of way; Except the right of way for Highway No. 40; Except the right of way for Southern Pacific Railroad; Except the tract of land conveyed by Regis-Maryvale, Inc. to the East Grand Fire Protection District by instrument recorded November 8, 1982, in Book 318 at Page 649 in the Office of the Grand County Clerk and Recorder; Except the tract of land conveyed by Regis-Maryvale, Inc. to the Grand County Water and Sanitation District No. 1 by instrument recorded July 26, 1983, in Book 332 at page 677; Except the tract of land conveyed by Regis-Maryvale, Inc. to the Town of Fraser by Warranty Deed recorded November 5, 1987, in Book 427 at Page 601; Except that parcel of land known as Tract "A", Regis-~aryvale, Inc. a Subdivision Exemption as recorded at Reception No. 280227; Except the right of way of that County Road known as "Forest Trail" as recorded in Book 222 at Page 248; Except the right of way of that County Road known as "Old King Road" as recorded at File Number 0080; Except that tract of land known as UMaryvale Planning Area No. 6" a Subdivision Exemption; Except that tract of land known as UKing's Crossing Solar Townhomes" as recorded at Reception No. 177402 and Except that parcel of land described as an exception parcel in Book 442 at Page 607; Except Maryvale Planning Area No. 13 Subdivision Exemption, according to the recorded plat thereof; and Except Maryvale Planning Area No. 28 Subdivision Exemption, according to the recorded plat thereof. -61- 980410 . . . . EXHIBIT C WATER RIGHTS 1. The Cozens Ditch, the water right for which was adjudicated in a decree dated AuguSt II, 1906, Grand County District Court, Water District No. 51, with an appropriation date of October I, 1888, for 3.125 cfs of water from Vasques Creek. 2. The Cozens Ditch, Leland Creek Enlargement, the water right for which was adjudicated in Case No. W-462, Water Division No. 5, with an appropriation date of October 1888, for 2.875 cfs of water from Leland Creek. 3. Maryvale Reservoir, the water right for which was adjudicated in Case No. W-462, Water Division No. 5, with an appropriation date of September 12, 1958, for 32.58 acre- feet of water from the Fraser River. 4. Regis-Maryvale, Inc. augmentation plan as adjudicated in Case No. 86CW258, Water Division No.5, by decree dated September I, 1988, and as it may be amended pursuant to the application to amend filed on March 30, 1998, in Case No. 98CW041. -63- 980410 ýÿ " i . . TOWN OF FRASER ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE ANNEXATION OF TERRITORY TO THE TOWN OF FRASER, COLORADO. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO: Section 1. Annexation. Subsection A. That the owners of one hundred percent (100%) of the hereinafter described property, exclusive of streets and alleys have filed with the Board of Trustees of the Town of Fraser, Colorado, a Petition for Annexation of said property to the Town of Fraser, Colorado. Subsection B. That the property to be annexed is described as follows, to wit: A PARCEL OF LAND IN SECTION 29, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 29; THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 29 AND THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 29, S 00025'38" E, A DISTANCE OF 2647.10 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29, S 89058'38" W, A DISTANCE OF 1316.17 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29, N 89059'59" W, A DISTANCE OF 1315.89 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29; I . . t THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29, S 00030'44' E, A DISTANCE OF 1316.42 FEET TO THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29, S 89049'02" E, A DISTANCE OF 1314.64 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29, S 89057'17" E, A DISTANCE OF 1317.28 FEET TO THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 29; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 29, S 89048'41" E, A DISTANCE OF 1186.05 FEET TO A POINT 130.00 FEET DISTANT FROM THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 29; THENCE N 30026'46" E, A DISTANCE OF 670.50 FEET; THENCE N 43029'33" E, A DISTANCE OF 604.08 FEET; THENCE N 55048'57" E, A DISTANCE OF 120.00 FEET; THENCE N 63010'34" E, A DISTANCE OF 109.25 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET, A CENTRAL ANGLE OF 69012'32" AND AN ARC LENGTH OF 120.79 FEET, THE CHORD OF WHICH BEARS S 82013'10" E, A DISTANCE OF 113.58 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 916.78 FEET, A CENTRAL ANGLE OF 11054'25" AND AN ARC LENGTH OF 190.52 FEET, THE CHORD OF WHICH BEARS S 53034'06" E, A DISTANCE OF 190.18 FEET TO THE WESTERLY LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 308 AT PAGE 657 OF THE RECORDS OF THE GRAND COUNTY CLERK AND RECORDER; -2- , . . . THENCE ALONG SAID WESTERLY LINE, ALONG THE ARC OF A NON- TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 140.70 FEET, A CENTRAL ANGLE OF 44032'15" AND AN ARC LENGTH OF 109.37 FEET, THE CHORD OF WHICH BEARS N 14014'16" E, A DISTANCE OF 106.64 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF THE SOUTHERN PACIFIC RAILROAD; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE, ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 816.78 FEET, A CENTRAL ANGLE OF 21025'00" AND AN ARC LENGTH OF 305.31 FEET, THE CHORD OF WHICH BEARS N 46028'18" W, A DISTANCE OF 303.53 FEET; THENCE N 54014'12" E, A DISTANCE OF 200.00 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID RAILROAD; THENCE THE FOLLOWING SEVEN (7) COURSES ALONG SAID NORTHERLY RIGHT OF WAY LINE: 1) ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 616.78 FEET, A CEN~RAL ANGLE OF 20022'38" AND AN ARC LENGTH OF 219.36 FEET, THE CHORD OF WHICH BEARS N 25034'29" W, A DISTANCE OF 218.20 FEET; 2) ALONG THE ARCS OF A 100 FOOT INSIDE OFFSET TO A SEARLES SPIRAL TO THE RIGHT HAVING A DEFLECTION OF 07030'00" AND A COMBINED ARC LENGTH OF 175.92 FEET, THE CHORD OF WHICH BEARS N 10026'31" W, A DISTANCE OF 175.79 FEET, SAID SEARLES SPIRAL HAVING NINE ARC SEGMENTS EACH WITH A CHORD LENGTH OF 21.00 FEET AND AN INITIAL DEFLECTION OF 00010'00"; 3) THENCE N 07053'10" W, A DISTANCE OF 102.74 FEET; 4) ALONG THE ARCS OF A 100 FOOT OUTSIDE OFFSET TO A SEARLES SPIRAL TO THE LEFT HAVING A DEFLECTION OF 07030'00" AND A COMBINED ARC LENGTH OF 202.10 FEET, THE CHORD OF WHICH BEARS N 10035'48" W, A DISTANCE OF 201.94 FEET, SAID SEARLES SPIRAL HAVING NINE ARC SEGMENTS EACH WITH A CHORD LENGTH OF 21.00 FEET AND AN INITIAL DEFLECTION OF 00010'00"; -3- , . . 5) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 816.78 FEET, A CENTRAL ANGLE OF 36053'00" AND AN ARC LENGTH OF 525.79 FEET, THE CHORD OF WHICH BEARS N 33049'40" W, A DISTANCE OF 516.76 FEET; 6) ALONG THE ARCS OF A 100 FOOT OUTSIDE OFFSET TO A SEARLES SPIRAL TO THE LEFT HAVING A DEFLECTION OF 07030'00" AND A COMBINED ARC LENGTH OF 202.10 FEET, THE CHORD OF WHICH BEARS N 57003'32" W, A DISTANCE OF 201.94 FEET, SAID SEARLES SPIRAL HAVING NINE ARC SEGMENTS EACH WITH A CHORD LENGTH OF 21.00 FEET AND AN INITIAL DEFLECTION OF 00010'00"; 7) N 59046'10" W, A DISTANCE OF 24.84 FEET TO THE NORTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 29; THENCE ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 29, S 89050'34" W, A DISTANCE OF 417.33 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION .. 29; THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 29, N 00031'13" W, A DISTANCE OF 253.91 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID RAILROAD; THENCE THE FOLLOWING THREE (3) COURSES ALONG SAID RIGHT OF WAY LINE: 1) ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 2764.93 FEET, A CENTRAL ANGLE OF 21054'43" AND AN ARC LENGTH OF 1057.41 FEET; 2) ALONG THE ARCS OF A 100 FOOT INSIDE OFFSET TO A SEARLES SPIRAL TO THE RIGHT HAVING A DEFLECTION OF 02030'00" AND A COMBINED ARC LENGTH OF 235.64 FEET, THE CHORD OF WHICH BEARS N 32029'48" W, A DISTANCE OF 235.62 FEET, SAID SEARLES SPIRAL HAVING FIVE ARC SEGMENTS EACH WITH A CHORD LENGTH OF 48.00 FEET AND AN INITIAL DEFLECTION OF 00010'00"; -4- .. . . . 3 ) N 31035'10" W, A DISTANCE OF 146.23 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 29; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 29, N 89054'40" W, A DISTANCE OF 382.42 FEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 9,775,661 SQUARE FEET (224.418 ACRES) MORE OR LESS. Subsection C. That the said property is eligible for annexation as provided in "The Municipal Annexation Act of 1965". Subsection D. That the Amended and Supplemented Annexation Agreement for the Maryvale Property approved by Ordinance No. , is hereby made a condition of this annexation and such property shall be subject the terms and provisions of said Agreement. Subsection E. That the hereinabove described property be and the same is hereby annexed to the Town of Fraser, Colorado, and the corporate limits of said Town are hereby extended to encompass said property. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES THIS day of , 1998. Votes in favor: BOARD OF TRUSTEES OF THE - Votes opposed: TOWN OF FRASER, COLORADO - Votes abstained: - BY: Jeff Johnston, Mayor ATTEST: ( SEA L ) Virginia Winter, Town Clerk Published in the Winter Park Manifest on , 1998. -5- C:\WP\FRASER\MARYVALE\Annex-1998-DWB\Ordinance-Ax.wpd .. -. . TOWN OF FRASER ANNEXATION MAP OFA PART OF SECTION 29, TOWNSHIP 1 SOUTH. RANGE 75 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO SHEET 1 OF 3 TABERNASH 3-1/2 MILES PROPERlY DESCRIPll0N FOR ANNEXAllON AREA SURVEYOR'S CERllF1CA TE: FRASER ~ .EFFRY A. GUSTAfSON , A PROf'ESSlONAl. lAND SIJR"o'E\'IR, IlEGIS1ERED A PARCEL OF lAND IN SEC1ION 29, TO_ 1 SOUlH, RANGE 75 WEST OF lHE SIXlH PRJNaPAl IN 1HE STAlE OF CCl.lIRADO, DO CER1IN THIS ANNEXA1IOII !lAP WAS IIEJlIDIAIl, COUll1Y OF CRAND, STAlE OF ctl.ORADO. IIORE PAR11QJ1ARLY DESaIIBED AS FCllOWS: PREPARED UNDER IN DIRECT 5UPERVJSIQN AND ACCUIlAlELY DESaU8ES lHAT IIEIllNNING AT 1HE NORTHWEST CORNER OF 1HE SOUlHlIEST QUARlER OF THE: NORlHEAST QUARlER OF lAND TO BE ANNEllED BY 1HE ~OF FRASER. I FUR1IlER comFY lHAT SAID lAND IS GREAlER 1HAN 1/8 CONlICUOUS WllH THE: PRBENT BOUNDARY SAID SEC1ION 29; lHEJlIt[ AlONG 1HE NORlH lINE OF 1HE SOUlHlIIEST QUARlER OF 1HE NORlHEAST OF 1HE TOWN OF FRASER. THIS -"' DAY OF QUARlER OF SAID SEcnON 29, 5 89"ll4' 40" Eo A IllSTANCE OF Jll2.42 FEET TO THE: EAS1ERL Y 19_'- lINE OF THE UNION PAaFlC RAIlROAD RIGHT OF WAY; 1HENCE AlONG SAID EAS1ERLY lINE OF lHE UNION PAOFIC RAIlROAD RIGHT OF WAY THE: FOlLOWING 1HREE (3) COURSES: '~ S 31.35'10' Eo A DISTANCE OF 148.23 FEET; 2 ALONG THE: ARCS OF A 100 FOOT INSIDE OFFSET TO A SEARLES SPIRAl. TO 1HE lDT HAYING A IlEF1LC1IOII OF or;yfoo" AND A COIIIIINED ARC lENGlH OF 235.85 fEET. THE 0l0Rll OF WHICH IlEARS S 32"29'48" Eo A IISTANCE OF 235.82 fEET. SAID .EFFRY A. GUSTAfSON SEARLES SPIRAl. HAYING FIVE ARC SEGMENTS. EACH WI1H A 0l0Rll lENG1H OF 48.00 t P.LS. 29039 FEET, AND AN INIlIAL DEFlEC110N OF 00"10'00"; FOR AND ON IIEIlALF OF 3) AlONG 1HE ARC OF A QJRVE TO 1HE lDT. 1HE CENtER OF IIlICIl BEARS N .55"54'50' Eo PA F1.ElOIER .. ASSOC:IA1ES, INC. HAYING A RADIUS OF 2764.93 FEET, A CEN1RAl ANGlE OF 21"54'4$' AND AN ARC LENGtH OF 1057.41 fEET. TO 1HE EAST lINE OF 1HE SOUlHlIIEST ClUAR1ER OF 1HE NORlHEAST llUAR1ER OF SAID SEC1ION 29; NOlICr: ACCORIlINC TO ca.aRADO lAW TOO IIUST CGlIIENCE ANY tmAl AC1IOII BASED UPON ANY DEFECT IN 1HE. SURVEY Wl1HIN 1HREE '/EARS - 1HENCE ALONG 1HE EAST lINE 1HE SOU1HWEST llUAR1ER OF 1HE NOR1HEAST QUAR'lER OF SAID SECllON29, AF1ER YOU ARST DISCOVER ANY SUCH DEFECT. IN NO EVENT IIAY ANY S 00"31'13" Eo A DISTANCE OF 2!53.91 FEET TO 1KE NORTHlIEST CORNER OF lIfE NOR1HEAST QUARlER OF tmAl ACllON BASED UPON ANY DEFECT. IN THIS SURVEY BE COIIIIENCED 1KE SllU1HEAST llUAR1ER OF SAID SEClION 29; 1IlENCE ALONG lIfE NORlH lINE OF 1HE NOR1HEAST IIORE 1HAN 1EN '/EARS FROII 1HE DAlE OF 1HE CER1lI'ICA1ION liHCMt QUARlER OF lIfE SllU1HEAST llUAR1ER OF SAID SEClION 29, N 89"eo'34' Eo A IllSTANCE OF 417.33 FEET HEREON. TO 1HE EASTERLY lINE OF lIfE UNION PAaFlC RAILROAD RIGHT OF WAY; lHENCE ALONG SAID EAS1ERL Y lINE OF THE UNION PAaFlC RAIlROAD RIGHT OF WAY 1HE FOI.I.OeIC SEVEN (7) COURSES: '~ S 59"46'10" Eo A IllSTANCE OF 24.84 fEET; ~fSW1Y IIIP 2 AlONG lIfE ARCS OF A 100 FOOT 0U1S0E OFFSET TO A SEARLES SPlRAI. TO lIfE RIGHT N.T~ HAYING A DEFlLC1IOII OF O"";yfoo" AND A COIIIIINED ARC lENGtH OF 202.10 fEET. lIfE 0l0Rll OF WHIOl IlEAllS S 57"03'32' Eo A DISTANCE OF 201.94 fEET, SAID SEARlES SPIRAl HAYING NINE ARC SEGIIENlS. EAOlliltH A CHORD lENGtH OF 21.00 fEET, AND AN 1NJ1lA1. DEFI.EC1ION OF 00"10'00"; 3) ALONG 1HE ARC OF A CURVE TO lIfE R!(Jl1', 1HE CENtER OF WHIOl IlEARS S 37"43'50" W, HAYING A RADIUS OF 818.78 FEET. A CENlRAl ANGlE OF 38"53'00" AND AN ARC lENG1H OF 525.79 FEET; 4) ALONG lIfE ARCS OF A 100 FOOT 0U1S0E OFFSET TO A SEARLES SPIRAl. TO 1HE RIGHT HAVING A DEFU:C11ON OF f11";yf00' AND A COIIBINED ARC lENG1H OF 202.10 fEET. 1KE 0l0Rll OF WHIOl IlEARS S 10.35'48" Eo A DISTANCE OF 201.94 fEET. SAID SEARI.ES SPIRAl. HAYING NINE ARC SEGIIEN1S. EACH WI1H A CHORD lENG1H OF 21.00 fEET. AND AN INIlIAL DEFlECTION OF 00"10'00'. ~ S f11"53'10' Eo A DISTANCE OF 102.74 FEET; 6 AlONG 1HE ARCS OF A 100 FOOT INSIDE OFFSET TO A SEARLE:S SPIRAl. TO 1HE lDT HAYING A IlEFLEC1ION OF f11";yfoo" AND A COIIBINED ARC lENG1H OF 175.92 fEET. 1HE CHORD OF WHIOl IlEARS S 10028'31' Eo A DISTANCE OF 175.79 FEET. SAID SEAR1ES .c SPIRAl. HAYING NINE ARC SEGIIENlS. EAOl III1H A CHORD LENGtH OF 21.00 fEET. AND AN INIlIAL DEFlECnON OF 00"10'00". ro 7) ALONG 1HE ARC OF A QJRIiE TO 1HE LEFT. 1HE CENtER OF VIlOl BEARS N 74"38'50" E- o. HAYING A RADIUS OF 818,78 FEET. A CENlRAl ANGlE OF 2O"r2:51t' AND AN ARC lENGtH OF 219.38 FEET; CD 1HENCE S !14"14'12" W. A DISTANCE OF 200.00 FEET TO 1HE WESTERLY UHf: OF SAID UNION PACIFIC NOTES: RECORDER'S CERTIFICATE OJ OJ RAIlROAD RIGHT OF WAY; lHENCE AlONG 1HE WESlERLY lINE OF SAID UNKlN PACIFlC RAIlROAD RIGHT 1) 1HE ONl.Y PURPOSE OF THIS !lAP IS TO GRAPIlICAU.Y ACCEPTED FOR FIUIIG IN 1HE OFFICE OF 1HE CXIUIlTY C1fRK AND llECORDER OF ..... OF WAY, AlONG 1HE ARC OF A NON- TANGENT aJR\IE 10 1HE LEFT, 1HE CEN1ER OF __ IlEARS DEPICT 1HE PR<IPOSED ANNEllAnON TO THE 10llN OF GRAND. CCUNTY. COI.ORAIlO ON THIS~AY OF N !14"14'12" Eo HAYING A RADIUS OF 818.78 FEET. A CENlRAl ANGLE OF 21025'00" AND AN ARC LENG1H FRASER. 18_ AT _0' -"L to OF 3Oll.31 fEET TO A POINT ON 1HE IIOUNDARY OF tHAT PARCEL OF lAND DESCRIBED IN BOOK JOB AT 0 PAGE 857 IN lHE RECORDS OF 1HE GRAND CCU1lTY C1fRK AND RECORDER'S OFRCE; 1HENCE AlONG 1HE 2) 1HIS!IAP DOES NOT DEPICT A NDNlIIIEIlTED lAND SURVEY RECEP1lON NO.. WES1ERL Y BOUNDARY OF SAID PARCEL OF lAND. AlONG 1HE ARC OF A NQN- TANGENT QlR\IE TO 1HE lDT, AND IS NOT lItE IlESUI.T OF A FIELD SIJR\'EY. lci 1KE ctNlER OF IHCIl BEARS S 53"29'37" Eo HAYING A RADIUS OF 140.70 fEET. A CENTRAl AIIGl.E OF ~ -- ~ ~"32"15" AND AN-ARClENGlK OF~l09.37 -FEET. ro~A CORNER {If"PAReEl NUllBER4- AS DESCRIBED IN 3f BASIS-oF eEAiiiNQ 1HE EAST lINE OF 1HE NamlEAST GRAND COUNTY C1fRK AND llECORDER Ui RECEP1ION NUMBER 87002916 IN 1HE RECXRDS OF 1HE GRAND COUll1Y lURK AND RECORIlER'S OFRCE; QUARtER OF THE: SOU1HEAST llUAR1ER OF SEC110N 29, T. 15., 1HENCE 1KE FCU.DlIING SIX (6) COURSES AlONG 1HE BOUNDARY OF PARCEl. NUMBER 3 AND PARCEl. R. 75 ... OF 1HE 6th PRlNQPAl IlERlDAN IS ASSUIIED BY; ..... NUMBER 4 AS IlESCRIBED IN RB:EP1ION NUIIIIER 97002916 IN lIfE RECORDS OF 1HE GRAND COUNTY C1fRK 10 BEAR N 00"l4'29' .. AND RECORIlER'S 0FflCE: DEPUTY C1fRK CT'l 4) THIS ANNEllA1ION PlAT WAS PREPARED WllHOUT BENEFIT 0 1) ALONG 1HE ARC OF A NON- TANGENT aJRVE TO 1HE RIGHT, 1HE CENtER OF WHIOl BEARS OF A nru; COIIIImIENT. THIS ANNEllA1ION PlAT DOES N 30"28'41' Eo HAYING A RADIUS OF 818.78 FEET. A CEN1RAI. ANGlE OF 11"54'25" AND NOT CONS1l1UlE A 1l1lE SEARCH BY P.R. F1.ElOIER "- AN ARC I.ENG1Il OF 190.52 FEET. AND ASSOC:IA1ES. INC. TO IlE1ERMINE DWNERSHlP. 0. 2) ALONG 1HE ARC OF A QJRVE TO lIfE LEFT HAVING A RADIUS OF 100.00 fEET, A CENTRAl EASEMENTS OR 01HER IIATlERS OF PUB1IC RECORD. <t ANGlE OF 89"12'31' AND AN ARC LENG1H OF 120.79 FEET. ..... ~ S 83"10'J5" ., A IllSTANCE OF 109.25 fEET. 4 S se-48'58" W. A DISTANCE OF 148.08 FEET; "- 5 42"SO'00" w. A DISTANCE OF 582.89 FEET. lL. 8 S 32"5It00" W, A DISTANCE OF 700.00 FEET TO A POINT ON lItE SOUlH lINE OF lHE SOU1HWEST QUARlER OF lItE SllUtHEAST QUARlER OF SAID SEC110N 29. WHENCE 1HE SOU1HEAST 01 CORNER OF lIfE SOU1HWEST QUAR1ER OF THE SOU1HEAST QUARlER OF SAID SEClION 29 BEARS ~ 5 89048'41' Eo A IISTANCE OF 130.00 fEET. 1:1 1HENCE AlONG lIfE SOUtH lINE OF lIfE SOU1H1lEST ClJARtER OF 1HE SOU1HEAST QUARlER OF SAID SEcnON (T) 29, N 119"48'41' ., A IllSTANCE OF 11~98 FEET 10 1HE SllU1HEAST CORNER OF 1HE SllUlHEAST ClJARlER I OF 1HE SDU1HWEST llUAR1ER OF SAID SECTION 29; 1HENCE ALONG tHE SOUlH lINE OF lHE SOU1HEAST X QUARlER OF lIfE Slll11HIIEST QUARtER OF SAID SEClION 29. N 89057'17" w. A DISTANCE OF 1317.28 fEET UJ TO 1HE SOU1HEAST CORNER OF 1HE SOU1HWEST QUARtER OF THE SOlI1HI!EST QUAR1ER OF SAID SEcnON 29; :z 1HENCE AlONG lIfE SOUtH lINE OF 1HE SOU1H1lEST QUARtER OF 1HE Slll11HIIEST QUAR1ER OF SAID SEcnON :z 29. N 119"49'02" W. A DISTANCE OF 1314.84 FEET TO lHE SOUlHlIEST CORNER OF 1HE SOU1HliEST QUAR1ER <t OF 1HE Slll11HIIEST QUAR1ER OF SAID SEClION 29; lHENCE AlONG 1HE lIEST lINE OF 1HE Slll11HIIEST - QUARlER OF 1HE Slll11HIIEST QUAIllER OF SAID SEC1ION 29, N 00'30'44' W. A IllSTANCE OF 1318.42 fEET ~ TO 1HE NORTHEAST CORNER OF 1HE SOU1H\lEST QUAR1ER OF 1HE SDU1HWEST llUARlER OF SAID SECnON 29; <t 1HENCE AllING 1HE NORlH lINE OF lHE SOU1H1IEST DUARlER OF 1HE SOU1HWEST llUARlER OF SAID SEcnON -.J 29, S 89"59'59" Eo A DISTANCE OF 1315.89 FEET TO lHE NORlHWEST CORNER OF 1HE SllUlHEAST QUARlER c... OF 1HE SOU1HWEST llUARlER OF SAID SEcnON 29; lHENCE ALONG tHE NORlH lINE OF tHE SllUlHEASl QUARlER - OF lIfE Slll11HIIEST QUARtER OF SAID SEC110N 29. N 119":lII"38" Eo A IllSTANCE OF 1318.17 FEET TO THE: ..... SOUlHlEST CORNER OF 1HE NORTHWEST QUARlER OF 1HE SOU'1HEAST llUAIllER OF SAID SEC'DON 29; 1HENCE I ALONG 1HE lEST lINE OF 1HE NOR1HlIEST QUARtER OF 1HE SOU1HEAST QUARlER OF SAID SEC1ION 29 AND _ P.R. FLETCHER to 1HE VlEST lINE OF 1HE Slll11HIIEST QUARlER OF lIfE NORlHEAST QUAIllER OF SAID SECllON 29. ..... N OO"2!l':5It' w. A DISTANCE OF 2847,10 fEET TO THE POINT OF BEGINNING; Be ASSOCIATES, INC. r- - CONTAINING AN AREA Of' 9.785.780 SOUARE FEET OR 224.181 AmES. MDRE OR LESS. C~ Englneer'2?3~ ~th~g ;t~~t~::: J~lnlstrotlan u.: _, CoIwCld. 80222 (303) 758-4""" FAX; (.!03) ~ . c, . TOWN OF FRASER ~ ANNEXATION MAP ~ i ! . OF A PART OF SECTION 29, i 1 TOWNSHIP 1 SOUTH. RANGE 75 WEST OF THE 6TH PRINCIPAL MERIDIAN, ;; COUNTY OF GRAND, STATE OF COLORADO .", SHEET 2 OF 3 PROPERTY DESCRIPll0N FOR OWNERSHIP TRACT 1 PROPERTY DESCRIPllON FOR OWNERSHIP TRACT 2A PROPERTY DESCRlP110N FOR OWNERSHIP TRACT 3 ~~~'#".:='~ ==:':"~=.J"~ 1IIE SDl1ll.......... __OF AU. IF 'DIE UIOCIN P.M:R: IlICIf1' IF WAY UIG wu. 'DC SIJ1lftESI' QUM1ER OF' 'tHE IIDRIHEAST CIUAR1UI CF ...... QF' 1HA1' ROAD .... AS ... ...r GtI 1HE UIID !IIIlWY PLAT n.m &IaR .... I.S47D II 'DC IREIDIJS -- 2lI, _1 _ _ 7IIIDfOF M: 6Il<IH _-'1._ ccurrrOF_. STATE OF OF 1HE _ OOUN!T ~ _ _ _ _ AIL OF _1RM. _IS _. IICIClI( Z!2 AT =",,~~~~~~~~OFs::.?'" __ _ p....naUIU IIIS:IlIlEIl AS........ PAlE %411 II 'lIE ar:a:.ms CF DE CIWG CWIITY aERIC AIm _ cm:rz. IIII1H &.\11& 1ES1DLY " 1HA1' PARI:EL IF UNO DESCRIED II lOGIC 3DI AT PACE 157 .. 1KI REDIIDS (II 'tHE a:wm UUI1'Y UlRIC AID RfDREItS - AT 1IE IIllRlIlIIllr _ " 1IE _ CIIIM1EIl " _ _ QLUl1ER IF SAO SEClIlIl ... _ ..., L_ _Y IF M: ~ _1lMJIlllD RDlT IF "Y. 8D1H . _ __IF S W'Sf"cr E. A IIStMCE IF t47.41 fEn' 10 'DE IESI'IRLY UCE OF 1lC u... PM:R: RMJtI:UiD IICII1' OF WAY; - .uac _ IOlRlH .... OF 1IE SIII/IIftEST _ IF 1HE IIOR1IDST _ OF SAO ~ 2lI, !IEClIClII2lI, _1 _ _7II..",.1F____ ClUlIYIFCRMD. SlATE OF - ALae _ IUIDlI.Y UIlE OF _ _ P_ __ 1lIlHT" WAY 1IlE _ FQ.R (4) 0llUIlSES0 S _<Ii' r. A _ IF 147.41 fEET 10 1IE tESIElll.Y 1lIlE" _... _ __ _ IF WA" _ _"""-'-Y _ AS........ 2 ~ ~ ~ ~ ~ G'F!Ef 1U A fiFARUS fIlIUL 11) 1HE U7T _WID A I&1.ECIDI ___IF_ _ AT 1IE ___ _" 1It:_ CIIIM1EIlIF__ _"IIM) __ 2lll 1ISI:E CXIC1aaI3 MaG 1HE NIIIDI lINE OF lIE: SI:IJ'1IoNEST CIIAR1ER CF nE ....-nasr CIIMtER OF SAD SEJ:IDf .. 1HEICE 5 41-4.1"M- .. A DISTAICE tF &:L:IS FiET' 10 'lIE IfIERSEI:1III CF 1HE 8CIUIGMY OF lHAT PAID1. C>>' "_011" _ A _ ARC _1F24Ull FEET. __ OF _ __ S -..' r. A S _<Ii' r. A tlSTAN<< IF 23lUlI fEET 10 1IE rASlUlLY ... OF 1IE _ _ __ -.. IF WAY: UIlIl_. _lllIII AT PME m. __ OF1HE_ ClUnY~ _ ___ :wr=~~W-=~~~=,mE_lmU1$, PCHlI1IlACHIlD_ - AUIOll _ rASlDlLY UIlE OF SAO _ P_ __ RDlT OF WAY 'lIE ~ 1ltlEE 00 ClII.lRSESl _ _Y UIlE IF 1IE _ P_ __ RDlT" WA" _1IE _ OF_ I) AUIIO" _10 1HE lDT.lIE _ elF INCH __. _ r. HA_ A IlAIIIUS IF_ 28~"'r.A_"1_fIEll _ AUIOll'llE _" 1HAT _" UIlIl _.... lIIII AT PAlE _. lIE _" _ 4) ~A~ ~~~~ ;,..~~~swu:s _10 1HE IDTHA_ A ~ ARCS OF A lGO RlIJf __ CI'f1SET 10 A srARUS -. 10 1HE IDT ....._ A llEf\.EClIllIIIF ~~=*;:D~~~~~"lf~::;CI1l1ER IF _ENlS . - A _ ARC LDClH IF _ FEEl; _ _ OF _ __ s ~.r r. A lIISrAIOCE =r--==:_n.:L:~~~-='~-=-~~~T= IF ZIUZ FEET. 11M) mMlIS _ HA_ mE _ _ PCH lI1H A CHIlD IDIllI1l ,,_ FEEl; ~~J:~~=.:.r~f.:S:::~~=~:"r:a"TI€~YelF-::a. _ .. IIlIW. __ OF _011", . =-:. IF 00"10'011". 10 1IE E:ASr _ 1HE SQIIIIIEST........ IF... -....aT _ IF_ I)....... 'lIE_IF AaJRW 10 1HE1.EF\ 1HECIENIEIlOF_'--N -....r......- "_OF IEMS N ...nrt' .. _ A _ " _78 FEEl; A CEII1IW. -.: 1IF 21_ _ ... _ LDIlI1l elF - FEEl; A CEIIIIW. _ " 21"43" _ M _ UIfGlIl fltIClll7.41 FEET. 10 _ FAST UIlE IF _ _ FEEl; 10 _llllU1HE1lLT RDlT IF WAyue" SAO _ _ _'lIE _ ElDEN (Il) :=--:~~~~==~:?l::====:.::'~~~~ SllllIIIBT CWll1Dl OF 1HE __ lIlMIIIlIF SAO sa:nDII 2lll ClUlSES .......'lIE SllIIlIIEII." _V _ _Y _" WAY IDE" SOl) __ - AUIOllllE IESr IJlE a; lIE _lIlMIIIllF 'lit! ~ CIIIM1EIlIF SAO smnaN SQ. S ClO"3l"l3" r. j'-"-'-- ~~"~OF~~~~~.:;..~~-:r~s::'y:-2I, A ....-- " 23LQ fED 10 'lIE IES1ERLV UIlE " 11M) _ PACFlll R..-o IlIGIlT IF....Y: _....... 'llII' 8_tl;A_"47.1l3f1ET, -.Y UIlE OF SAID _ P_ RMllIlMlIlll\fT a; WAY K __ FIlII (4) CClIIlSES: . 8 _ tl; A _IF 21&7.! FEEl; - AUIOllllE IES1ERLV tINE IF 1IIE _ p-,: __ 1IDIT OF WAY _ _ EIIlT 00 CClIIlSES: 4 :=~~==:=::a 1) ALCIC 'DE ARCS OF A SB:IENT CF A UXI FDG1' 0U1SIIE CFFSEf 1D A SbR.ES SPIitAL 10 1HE un NAWC A I) ....... 'lIE ARCS" A smmcr " A 1ClO FlllIT _ cmEr 10 A SENI1B SFIW. 10 lHE RDlT ....._ A ~ Me I.BC1II CF ..71 FIEf. 11€ CHIlD OF 1Iat IEARS . ~1. .. A CIIS'LVa: OF "77 fEE1'. II _~... A II5I'AIItE CF IQ.OD FEEn CllIBNED ARC WIlml tJI! I.... FEEl; _ _ fit _ IEARS S S"22'3lI' r. A IlISTMCE IF 14Ull fIEll SOl) mMlIS _ HA_ mE _ _ rHM lI1Il A _ UIItmlIF _ FEET _ M II1IAL N_,,"_OFll1.111FEEl; ~~~:- mE - _..... lI1Il .. _ LENlOIIl OF 4lI.lIlI FEEl; _... II1IAL 1IEFUCIDI1IF OO"Icrrxr, I . acr'Dr2r I, A IISTAICE CF U2.I7 FEEn 2) ....... DE ARC " A CUlM 10 1HE IlIllHT. 1HE _ IF 1IIICII __ N 3%'4:t1llT r. HA_ A IlAIlII9 IF . N _W r. A _ " 234.16 FEEl; ~ :..:;~ ~ ~ ~..:.: ~ 10 A lEARI!ll _ 10 1HE 1IDIT ...._ A IlEFlRIIllN IF lIII4Jl3 FEEl; A CEIIIIW. _ 1IF D"l1'aa" _ M _ UIfGlIl OF I....... FEEl; . rn-&"2r E. A DIStMaE fIE' 8&.41 REI': I) ....... 'lIE ARCS " .. lGO RlIJf ClUISlDE GmET 10 A SE:AIUIl _ 10 'lIE IlIGIlT ...._ A llEf\.EClIllII " 8 ~- r. A _ OF 127Jll fEET 10 lIE IESI!IlLY ... '" 'lIE _ P_ __ - _A ___IF 17lI.t2REf. _CHIlD IF_ _8&7"12'11I"[.1._ - _ A _ ARC LDClH IF 2_ FEEl; tHE _ " _ _ N 3%'1d31' tl; A tlSTMCE _OFWA'll . ~'~"~'~=.xr~ 1M: -_ fAOIlml" CHIlD_ 1IF2I.lIIlFEEl; OF 244.3lI FEET. SAD lEARLEll -. HA_ mE _ _ PCH lI1H .. CHIlD LDClH OF _ FEET. =~~~~or':'=::':h.r~HA':r~-:::..':~~ =.r= _M___IF_, 4) =~A1f~~~..~ ~~.rJ:~~V~ tl; 1fA_ 1._" 4). _tl; "_"2IU3FEETTlIlHE_OF_ tJI! _ _ M __IF :a.3l FEEl; 10 _ PaJrr tJI! __ 1)=~~::':~=~m.:~=:'~-=-~~~JMlE - All _1Fm..D __ FEETCIl7.4ClO _ _ CIl uss. CllIIT_" MEA elF"'_ SlIME fED llR 1.mI -. _ CIl U!lS. r.o ~~t~ =.xr~ IR: II1:C IEGIIEN13. EIGf W1M A CHID lDG1H f1II ZLOO nn. ~ 8 _ r. A IlISfAIICE IF 1112.74 REf, AUII01HE ARCS OF " 1ClO RlOT _ ClFI'SET 10 A lEARI!ll -. 10 'lIE IDT ....~ __ tJI! PROPERTY DESCRIPllON FOR OWNERSHIP TRACT 4A - - A _ _ I11IIllHIF _10 FEET. 1HE CNlIIlD a; _ _ 8 ~ [. ,,_ PROPERTY DESCRIPllON FOR OWNERSHIP TRACT 2B ~~~.~ =.,;:- -= - SEIlIlEIllli, fAOIlml A CHIlD_ elF 2I.lIIl FEET. AlL OF 'IIlAT PMlB. " lAIIIlIESllIIIED . IICIClI( lIS AT _ au II 'lIE IlEIlIIIlDS tJI! 1HE __ ClIlII1Y 8) AUIND 'lIE ARC fIF . CIRW 10 1HE IDT, tHE CD1DI CF WICH EMS II 7..... Eo HAWG A RADIJS IF 'IlIAT _" 1It: _ _ __ RDlTOF WAY L_ __ _ EAST HAlF OF M:_ CUIlIC _1lEIlllIlIlEInl_ LlNl ~T IF 1HAT __ _IS _ __ CIIl1lE lAIII - _711 FEET. A CEII1IW. -.: " ___ _ III _ ISImlIF llllO.Gll FEET. 101HE NllR1IULY -.. cr CIIIAII1DI " SEI:lDl . _ I _ __ 7ll1ESf " 'lIE QllIH PIlINCIP-'I. IIDlDNl. COUIIlY " _ SUlMY PlAT fUD _ IIlMlER ISm . lIE _ OF 1IIE _ ClUnY ~ ..., IlElXRlER'S CIFFU. ~ WAY tIlE CF 'DL\T ROAD 5fIIMrt AS -.elm ROAD" ON 1HE UID SIM:'t PLAT n.m IHER ..... LS67I5 It lIE SL\TE 1IF __ _ P_V IIE!IlIIIIEIl AS fIlWIWS: :=....sx:r:':. ~W.:="'~~~AS~--'I. _ tJI! 1HE __ llllUIllY CUIlIC _ 1lECCREIlS_ - AT lIE -.....sr _ ,,_ __ CIIIAII1DI ,,1IE lIIlllIlDST _ OF SAO SEI:lICIIl 2lI: - 1HE _ 1ltlEE 00 ClCllRml -.- 1IIE -..&LV _ OF WAV ... OF SMl _ ROAD: _ALaC_-... 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A IISTNOCE IF '311.'7 FEET 10 lHE SICIU1NIDT lD CXIMR OF 1NE N:IR1KWEST QJAR1'tR tE 1HE 5O.I1HEAST GUM1ER CF SAD SECIDt 21; ntDIIX AU:IrIJ nc tEST LItE CF tHE - IIORlHI[ST OUARml OF M: SCUlHEAST 0UAII1!R IF SMl __ 211 _ THE lEST ... OF . _ 0UAR1EIl IF 1It: P ,R, FLETCHER ....... ~ _lDl IF SAID !EllllN 211. . 0I1"7$:JE tl; .. IllS1MCI: IF _7,10 fEET 10 1HE -.. OF ~ r- - ... IoSIEA IF ll.O56..... _ FEET (II 207"" AlRfS. _ 011 LESS. & ASSOCIATES. INC. - Ii.: eMI tnqlneerln9. land Surveplng. Construction AdminIstration .2135 South Chcny Street. Suite 3tO Den""". Cclorodo 80222 (303) 7f)8-4058 FAX. (303) 7&8-4828 .' UNE TABLE TOWN OF FRAS R I: : "!"'_~"'"---j ANNEXATION MAP , 00 ~~2A I~ OF A PART OF SECllON 29, . : ~~ f~c,7~:!_llON) I~ TOWNSHIP 1 SOUTH, RANGE 75 WEST : CURVE TABLE 1= OF lHE.6TH PRINCIPAL MERIDIAN, 1 CUM: t I~ ;ij CO L19 IS COUNTY OF GRAND, ) ClI I STATE OF COLORADO SHEET 3 OF 3 ' CIa 6.8 V~ I'll! V~ IIdJ:. 3d i I' "".0' AT"'T''=I''''\ un. LJ"'\IIL-L./ ! LEGEND ~~~l 0 -- SEC1IClN 29 _ LIE - I - ____ E14calNER -,,_ . I ..} _IE fA SfI f/4 iE1(lJONj29 f'i'///////~ -1 _nIWZ_ --- ---;=H'f:;f.~:=---- ----- _CIF_P_ .! PONT OF _081_ - it t + + + + + + +1 .it BEGINNINO _...~~ f~ ... + ... ... ... + + 1RACT 4A aJ'LT- I lID TO 1E...am --- ~ I _ -::::::::_- -- ."' 12 ,.:- - ... + I 'UP' A"T""T"C"''' o~ .......... 2B ~ u.,. LJ"'\IIL-V nI~ .~. ~ UNION PAaFlC R.R. 1"- I (AREA - 7.28 :1:) - I (124lJ OF TOTAl. ---):t~ .'11I I ~~ 3~ ~ ~~ IIJ.tV 1/.'.1 "'p 0.1 Mite. dri I H.!! 1/~ Be V4J. I~ ~ ~~-~~~ J ~ZEJ ~ ~~~~ / I ~IS tl__ I % I _ ai PMCEl. _ w.'77UT .' '.... PEIDIElEII - 2.~ ' J ==~~ -____IS OHRSHIP TRACT 1 I ZWlt MARYVAlE, LLC. I 2) 'liE MrA" 1IIE _ -.... REtEP1lON NO. 97002916 AS IlDCI&II _ IS 224... IlRAND COUN1Y QBU< AND ==~~===:.= RECCRDEIl'S CFRa: ___ DETAIl. A DETAIl B (AREA _ 207.82 :1:) I .c SCAI,E, ,00,00' SCAlE. ,'050. (92.74lJ OF TOTAl. ANNEXA1ION) ~ J Co ~ - - - - - - mHRsHJp 'fRi.CT ~ HOO't'ER BOOK lIlI. PAGE 323 o IlRAND CQUNlY QBU< AND I . . ~ I RECClRDER'S ClFFICE I ~AREA - 0.18 :1:) ~ ,~::tt:ar1/fJA\J ~EJ -~-~1 ~ II .Q'=:Y'=P jj jj~ld J/ ~1RACT4B1 ~~3 BOOK lIlI. PAGE 323 BOOK 222. PAGE 248 <It '- IlRAND CQUNlY lURK AND FJU: NO. CI080 Co RECaRIlER'S CFRa: GRAND COUNTY lURK AND -ex: II (AREA - 0.05 :1:) _L_ RECORDER'S CFRa: ..... ifW V4. if),!! 1/.1}. if.f!J:. ZEJ I Ill! V~ 6W V"l UJ:. ~d (0.02lJ OF laTAI. ANNEXAIllA".) (AREA _ I.M :1:) ) ',- I co (o.S2Io: Of' laTAI. _1ION U. I i; ifj,lJ 1/.1}. J!!I.f! 1/.1}. S/1J:. 2EI ;; . if/1 V.I}. 8/1 1/~ l1B&. 21!J GRAPIDC SCALE en Il _ ~ _ ~ I -ior 1-.-_. I (T') 1 I~ ( ..._ I ~ I l I_-_~ :z: -ex: - I- -ex: ...J c.. - --- I ~ _ P oR. FLETCHER ~ Be ASSOCIATES. INc. Ch(I [noIneer1n;. Land Surveying. ConstrucUan AdrnftJatratJon ..:...: Don_. CQI...:':~5eo~~ (~;jJ7~~!;S Su~~ 3;~l .......... ýÿ " .. . . TOWN OF FRASER ORDINANCE NO. AN ORDINANCE APPROVING AN AMENDED AND SUPPLEMENTED ANNEXATION AGREEMENT FOR THE MARYVALE PROPERTY. WHEREAS, the Board of Trustees of the Town of Fraser, Colorado, by Ordinance 153, heretofore approved the execution of an Annexation Agreement dated October 5, 1986, relating to the property commonly known as Maryva1e located in the Town of Fraser, County of Grand, State of Colorado, as more particularly described in Exhibit "A-7" attached to said Annexation Agreement; and WHEREAS, Maryva1e LLC, a Colorado limited liability company ( "Developer" ) , is the current owner of said property and has succeeded to all rights, privileges and obligations of the former owner under said Annexation Agreement; and WHEREAS, said Annexation Agreement was later supplemented and amended by the Supplement and Amendment to Annexation Agreement dated November 15, 1995, approved by Ordinance No. 218, whereby certain additional property annexed to the Town of Fraser was made subject to the terms of said Annexation Agreement (the said Annexation Agreement, as previously amended and supplemented, is herein referred to as the uPrior Annexation Agreement") ; and WHEREAS, said Developer has proposed to annex additional properties to the Town of Fraser, and has further proposed to subject all of the property it now owns to a revised Planned Development District Plan (UPDD Plan"); and WHEREAS, the Board of Trustees and Developer wish to enter into an Amended and Supplemented Annexation Agreement for the Maryva1e Property, to confirm the terms and conditions upon which said property has been or will be annexed into the Town; and WHEREAS, said proposed Amended and Supplemented Annexation Agreement for the Maryvale Property, if approved, will become effective only upon annexation of the additional properties owned by Developer and approval of a revised PDD Plan for those and the other properties owned by Developer, as provided in Section 3.1 of said Agreement; and . ~ . . WHEREAS, upon becoming effective, said Amended and Supplemented Annexation Agreement for the Maryvale Property will supercede and replace the Prior Annexation Agreement. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: Section 1. The Board of Trustees hereby finds and determines that the Amended and Supplemented Annexation Agreement for the Maryvale Property, dated April 15, 1998, between Maryvale LLC, as Developer, and the Town of Fraser, relating to the annexation, zoning and development of the lands owned by Developer, is reasonable and in the best interests of the citizens and residents of the Town of Fraser. Section 2. The Board of Trustees hereby approves said Amended and Supplemented Annexation Agreement for the Maryvale Property and authorizes the Mayor (or Mayor Pro-tern) and the Town Clerk to execute said agreement on behalf of the Town. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES THIS day of , 1998. Votes in favor: BOARD OF TRUSTEES OF THE - Votes opposed: TOWN OF FRASER, COLORADO - Votes abstained: - BY: Jeff Johnston, Mayor ATTEST: ( SEA L ) Virginia Winter, Town Clerk Published in the Winter Park Manifest on , 1998. -2- C,\NP\FRASER\MARYVALE\Annex-1998-DWB\Ordinance-Ag.wpd ýÿ . . EXIllBITS A. PREANNEXATION AGREEMENT 70 ACRE PARCEL B. LEGAL DESCRIPTION 224 ACRES, TRACT 1, TRACT 2-A, TRACT 2B, TRACT 3, TRACT 4-A AND TRACT 4-B. ( C. TITLE INSURANCE D. PDD APPLICATION E. ANNEXATION AGREEMENT ýÿ C,AU.LU.Ll.. ./'\-1 ! PROPERTY DESCRIPTIO_OR ANNEXATION AREA . [FYI-ibit B] · A PARCEL OF LAND IN SECTION 2, OWNSHIP 1 SOUTH, RANGE 75 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 29; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 29, S 89054'40~ E, A DISTANCE OF 382.42 FEET TO THE EASTERLY LINE or THE UNION PACIFIC RAILROAD RIGHT OF WAY; THENCE ALONG SAID EASTERLY LINE OF THE UNION PACIFIC RAILROAD RIGHT OF WAY THE FOLLOWING THREE (3) COURSES: 1) S 31035'lO~ E, A DISTANCE OF 146.23 FEET; 2) ALONG THE ARCS OF A 100 FOOT INSIDE OFFSET TO A SEARLES SPIRAL TO THE LEFT HAVING A DEFLECTION OF 02030'00" AND A COMBINED ARC LENGTH OF 235.65 FEET, THE CHORD OF \\HICH BEARS S 32029'48" E, A DISTANCE OF 235.62 FEET, SAID SEARLES SPIRAL HAVING FIVE ARC SEGMENTS, EACH WITH A CHORD LENGTH OF 48,00 FEET, AND AN INITIAL DEFLECTION OF 00010'00"; 3) ALONG THE ARC OF A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS N 55054'50" E, HAVING A RADIUS OF 2764,93 FEET, A CENTRAL ANGLE OF 21054'43" AND AN ARC I LENGTH OF 1057.41 FEET, TO THE EAST LINE OF THE SOUTHWEST QUARTER OF THE I NORTHEAST QUARTER OF SAID SECTION 29; I THENCE ALONG THE EAST LINE THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 29. S 00031'13" E, A DISTANCE OF 253.91 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 29; THENCE ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 29, N 89050'34" E, A DISTANCE OF 417.33 FEET TO THE EASTERLY LINE OF THE UNION PACIFIC RAILROAD RIGHT OF WAY; THENCE ALONG SAID EASTERLY LINE OF THE UNION PACIFIC RAILROAD RIGHT OF WAY THE FOLLOWING SEVEN (7) COURSES: 1) S 59046'10" E, A DISTANCE OF 24.84 FEET; , 2) ALONG THE ARCS OF A 100 FOOT OUTSIDE OFFSET TO A SEARLES SPIRAL TO THE RIGHT HAVING A DEFLECTION OF 07030'00" AND A COMBINED ARC LENGTH OF 202.10 FEET, THE I CHORD OF WHICH BEARS S 57003'32" E, A DISTANCE OF 201.94 FEET, SAID SEARLES I SPIRAL HAVING NINE ARC SEGMENTS, EACH WITH A CHORD LENGTH OF 21,00 FEET, AND AN INITIAL DEFLECTION OF 00010'00"; 3) ALONG THE ARC OF A CURVE TO THE RIGHT, THE CENTER OF \\HICH BEARS S 37043'50" W, HAVING A RADIUS OF 816.78 FEET, A CENTRAL ANGLE OF 36053'00" AND AN ARC LENGTH Of 525,79 FEET; 4) ALONG THE ARCS OF A 100 FOOT OUTSIDE OFFSET TO A SEARLES SPIRAL TO THE RIGHT HAVING A DEFLECTION OF 07030'00" AND A COMBINED ARC LENGTH OF 202.10 FEET, THE CHORD OF \\HICH BEARS S 10035'48" E, A DISTANCE OF 201.94 FEET, SAID SEARLES , SPIRAL HAVING NINE ARC SEGMENTS, EACH WITH A CHORD LENGTH OF 21.00 FEET. AND AN INITIAL DEflECTION OF 00010'00"; I 5~ S 07053'10" E, A DISTANCE OF 102.74 FEET; I 6 ALONG THE ARCS OF A 100 FOOT INSIDE OFFSET TO A SEARLES SPIRAL TO THE LEFT HAVING A DEFLECTION OF 07030'00" AND A COMBINED ARC LENGTH OF 175.92 FEET, THE CHORD OF \\HICH BEARS S 10026'31. E, A DISTANCE OF 175.79 FEET, SAID SEARLES SPIRAL HAVING NINE ARC SEGMENTS, EACH WITH A CHORD LENGTH OF 21.00 FEET, AND AN INITIAL DEflECTION OF 00010'00"; 7) ALONG THE ARC OF A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS N 74036'50" E, HAVING A RADIUS OF 616.78 FEET, A CENTRAL ANGLE OF 20022'38" AND AN ARC LENGTH Of 219.36 FEET; , THENCE S 54014'12" W, A DISTANCE OF 200.00 FEET TO THE WESTERLY LINE OF SAID UNION PACifiC I RAILROAD RIGHT Of WAY; THENCE ALONG THE WESTERLY LINE OF SAID UNION PACIFIC RAILROAD RIGHT Of WAY, ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, THE CENTER OF WHICH BEARS N 54014'12" E, HAVING A RADIUS OF 816.78 FEET, A CENTRAL ANGLE OF 21025'00. AND AN ARC LENGTH OF 305.31 FEET TO A POINT ON THE BOUNDARY OF THAT PARCEL OF LAND DESCRIBED IN BOOK 308 AT PAGE 657 IN THE RECORDS OF THE GRAND COUNTY CLERK AND RECORDER'S OFFICE; THENCE ALONG THE WESTERL Y BOUNDARY OF SAID PARCEL OF LAND, ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, THE CENTER Of WHICH BEARS S 53029'37" E, HAVING A RADIUS OF 140.70 FEET, A CENTRAL ANGLE OF 44032'15~ AND AN ARC LENGTH OF 109.37 FEET, TO A CORNER OF PARCEL NUMBER 4 AS DESCRIBED IN RECEPTION NUMBER 97002916 IN THE RECORDS OF THE GRAND COUNTY CLERK AND RECORDER'S OfFICE; THENCE THE FOLLOWING SIX (6) COURSES ALONG THE BOUNDARY OF PARCEL NUMBER 3 AND PARCEL NUMBER 4 AS DESCRIBED IN RECEPTION NUMBER 97002916 IN THE RECORDS OF THE GRAND COUNTY CLERK AND RECORDER'S OFfiCE: 1) ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS N 30028'41" E, HAVING A RADIUS OF 916.78 FEET, A CENTRAL ANGLE OF 11054'25" AND AN ARC LENGTH OF 190.52 FEET; 2) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 100.00 fEET, A CENTRAL ANGLE OF 69012'31" AND AN ARC LENGTH OF 120.79 FEET; 3) S 63010'35" W, A DISTANCE OF 109.25 FEET; 4) S 56048'58" W, A DISTANCE OF 148.08 FEET; 5) S 42050'00" W, A DISTANCE OF 562.69 FEET; 6) S 32050'00" W, A DISTANCE OF 700,00 FEET TO A POINT ON THE SOUTH LINE or THE SOUTHYtf:ST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 29, WHENCE THE SOUTHEAST CORNER Of THE SOUTHYtf:ST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 29 BEARS S 89048'41" E, A DISTANCE OF 130.00 FEET; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 29, N 89048'41" W, A DISTANCE OF 1155.98 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29, N 89057'17" W, A DISTANCE OF 1317.28 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHYtf:ST QUARTER Of SAID SECTION 29, N 89049'02" W, A DISTANCE OF 1314.64 fEET TO THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29; THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29, N 00030'44" W, A DISTANCE OF 1316.42 fEET TO THE NORTHEAST CORNER OF' THE SOUTHWEST QUARTER OF' THE SOUTHWEST QUARTER OF SAID SECTION 29; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER Of THE SOUTHWEST QUARTER Of SAID SECTION 29, S 89059'59" E, A DISTANCE OF 1315.89 FEET TO THE NORTHWEST CORNER or THE SOUTHEAST OUARTER OF THE SOUTHWEST QUARTER or SAID SECTION 29; THENCE ALONG THE NORTH LINE Of THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29, N 89058'38" E, A DISTANCE OF 1316.17 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER Of SAID SECTION 29; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 29 AND THE WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 29, N 00025'38" W, A DISTANCE OF 2647.10 rEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 9,765,760 SQUARE rEET OR 224.191 ACRES, MORE OR LESS, ~xn~D~L I\-~ PROPERTY DESCRIPllWOR OWNERSHIP TRACT 1 . , .. A PARCEl OF LAND IN SECTION 29, TO 1 SOUTH, RANGE 75 WEST OF THE SIXTH PRINCIPAL RIDIAN, COUNTY OF ('oRAND, STATE OF COlORADO, MORE PARTICULARLY DESCRIBED AS fOlLOWS: BEGINNING AT THE NORTHWEST CORNER Of THE SOUTHWEST QUARTER Of THE NORTHEAST QUARTER Of SAID SECTION 29; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER Of THE NORTHEAST QUARTER OF SAID SECTION 29, S 89054'40" E, A DISTANCE Of 147.41 FEET TO THE V1ESTERLY UNE Of THE UNION PACIflC RAILROAD RIGHT Of WAY; THENCE ALONG THE WESTERLY LINE OF THE UNION PACIFIC RAILROAD RIGHT Of WAY THE FOlLOWING FOUR (4) COURSES: 1) S 31035'10" E. A DISTANCE Of 269.63 FEET 2) ALONG THE ARCS OF A 100 fOOT OUTSIDE OFFSET TO A SEARLES SPIRAL TO THE LEfT HA\1NG A DEfLECTION OF 02030'00" AND A COMBINED ARC LENGTH OF 244.36 FEET, THE CHORD OF WHICH BEARS S 32030'31" E, A DISTANCE or 244.35 FEET, SAID SEARLES SPIRAL HA\1NG I'lVE ARC SEGMENTS, EACH WITH A CHORD LENGTH OF 48.00 FEET, AND AN INITIAL DEflECTION or 00010'00"; 3) ALONG A CURVE TO THE LEn, THE CENTER OF WHICH BEARS N 55054'50" E, HAiliNG A RADIUS OF 2964.93 FEET. A CENTRAL ANGLE or 23011'00" AND AN ARC LENGTH OF 1199.69; 4) ALONG THE ARCS OF A SEGMENT or A 100 FOOT OUTSIDE OFFSET TO A SEARLES SPIRAL TO THE LEn HAVING A CONBINED ARC LENGTH or 69.78 FEET, THE CHORD or WHICH BEARS S 57"50'51" E, A DISTANCE OF 69.77 FEET, SAID SEARLES SPIRAL HAVING FIVE ARC SEGNENTS, EACH WITH A CHORD LENGTH Of 48.00 FEET, AND AN INITIAL DEFLECTION Of 00010'00". TO THE EAST LINE THE SOUTHWEST QUARTER or THE NORTHEAST QUARTER Of SAID SECTION 29; THENCE ALONG THE EAST LINE THE SOUTHVlEST QUARTER or THE NORTHEAST QUARTER or SAID SECTION 29, S 00031'13" E, A DISTANCE OF 14.78 FEET TO THE NORTHVlEST CORNER Of THE NORTHEAST QUARTER Of THE SOUTHEAST QUARTER Of SAID SECTION 29; THENCE ALONG THE NORTH UNE Of THE NORTHEAST QUARTER Of THE SOUTHEAST QUARTER Of SAID SECTION 29, N 89050'34" E, A DISTANCE Of 23.94 FEET TO THE VlESTERLY UNE Of THE UNION PAClI'lC RAILROAD RIGHT OF WAY; THENCE ALONG THE WESTERLY LINE Of THE UNION PACIFIC RAILROAD RIGHT Of WAY THE FOLLOWING EIGHT (8) COURSES: 1) ALONG THE ARCS OF A SEGMENT Of A 100 FOOT OUTSIDE OFFSET TO A SEARLES SPIRAL TO THE LEFT HAiliNG A CONBINED ARC LENGTH or 146.38 FEET, THE CHORD Of WHICH BEARS S 59022'36" E, A DISTANCE OF 146.38 FEET; SAID SEARLES SPIRAL HAVING FIVE ARC SEGMENTS, EACH WITH A CHORD LENGTH Of 48.00 FEET, AND AN INITIAL DEFLECTION OF 00'10'00"; 2~ S 59046'10" E, A DISTANCE Of 217,82 FEET: 3 ALONG THE ARCS OF A 100 fOOT INSIDE OFFSET TO A SEARLES SPIRAL TO THE RIGHT HAVING A DEfLECnON OF 07030'00" AND A CONBINED ARC LENGTH Of 175.92 FEET, THE CHORD Of WHICH BEARS S 57"12'59" E, A DISTANCE OF 175.79 FEET, SAID SEARLES SPIRAL HAVING NINE ARC SEGMENTS, EACH WITH A CHORD LENGTH Of 21.00 FEET, AND AN INITIAL DEFLECTION Of 00010'00.: 4) ALONG THE ARC Of A CURVE TO THE RIGHT, THE CENTER Of WHICH BEARS S 37043'50" W, HAVING A RADIUS Of 616.78 FEET. A CENTRAL ANGlE Of 36053'00. AND AN ARC LENGTH Of 397,04 FEET; 5) ALONG THE ARCS Of A 100 fOOT INSIDE OFFSET TO A sEARLES SPIRAL TO THE RIGHT HAiliNG A DEFLECTION or 07030'00" AND A COMBINED ARC LENGTH or 175.92 FEET, THE CHORD Of WHICH BEARS S 10026'31. E. A DISTANCE OF 175.79 FEET. SAID SEARLES SPIRAL HAVING NINE ARC SEGMENTS, EACH WITH A CHORD LENGTH Of 21.00 FEET. AND AN INITIAL DEFLECTION Of 00010'00.: 6) S 07053'10" E, A DISTANCE Of 102.74 FEET: 7) ALONG THE ARCS Of A 100 FOOT OUTSIDE OFFSET TO A SEARLES SPIRAL TO 'THE LEfT HAVING A DEflECTION Of 07030'00" AND A COMBINED ARC LENGTH Of 202.10 FEET, THE CHORD Of WHICH BEARS S 10035'48" E, A DISTANCE OF 201.94 FEET, SAID SEARLES SPIRAL HAVING NINE ARC SEGMENTS, EACH WI'TH A CHORD LENGTH Of 21.00 FEET, AND AN INITIAL DEFLECTION Of 00010'00.; 8) ALONG THE ARC Of A CURVE TO THE LEfT, THE CENTER Of WHICH BEARS N 74036'50" E, HA\1NG A RADIUS Of 818.78 FEET, A CENTRAL ANGlE Of 20020'58" AND AN ARC LENGTH Of 290,08 FEET, TO THE NORTHERLY RIGHT Of WAY LINE OF THAT ROAD SHOWN AS "KING ROAD" ()N THE LAND SURVEY PLAT FILED UNDER NUMBER LS475 IN THE RECORDS OF THE GRAND COUNTY CLERK AND RECORDER'S OFFICE: 'THENCE THE FOlLOWING THREE (3) COURSES ALONG THE NOR'THERLY RIGHT Of WAY LINE Of SAID KING ROAD: 1) N 60029'31" W, A DISTANCE Of 127.01 FEET: 2~ S 87"29'29" W, A DISTANCE Of 88.46 FEET; 3 S 45001'29" W. A DISTANCE Of 209.19 FEET TO THE BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN BOOI< 88 AT PAGE 323 IN THE RECORDS OF THE GRAND COUNTY CLERK AND RECORDER'S OFFICE: 'THENCE 'THE FOLLOWING TWO COURSES ALONG THE NORTHERLY AND WESTERLY BOUNDARY Of SAID TRACT: 1) S 89059'07" W. A DISTANCE Of 154.65 FEET; 2) S 00000'53" E, A DISTANCE OF 96.60 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID KING ROAD: 'THENCE 'THE FOLLOWING FlVE (5) COURSES ALONG THE NORTHERLY, WESTERLY AND SOUTHERLY RIGHT OF WAY LINE Of SAID KING ROAD: 1) S 60001'29. W, A DISTANCE OF 4.55 FEET; 2! S 68027'29. W, A DISTANCE OF 111.19 FEET; 3 S 21032'31" E. A DISTANCE OF 60.00 FEET: 4 N 68027'29" E, A DISTANCE OF 115,61 FEET; 5 N 60001'29" E, A DISTANCE OF 106.25 FEET TO THE BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN BOOI< 88 AT PAGE 323 IN THE RECORDS OF THE GRAND COUNTY ~ AND RECORDER'S OFFICE: 'THENCE 'THE FOLLOWING TWO COURSES ALONG THE SOUTHERLY AND EASTERLY BOUNDARY OF SAID TRACT: 1) N 89059'07" E, A DISTANCE Of 85.75 FEET; 2) N 00000'53" W, A DISTANCE OF 60.49 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SAID KING ROAD: THENCE THE FOLLOWING THREE (3) COURSES ALONG THE SOUTHERLY RIGHT Of WAY UNE OF SAID KING ROAD: 1) N 45001'29" E. A DISTANCE Of 181.71 FEET: 2~ N 87029'29" E, A DISTANCE OF 47.93 FEET; 3 S 60029'31" E. A DISTANCE OF 96.87 FEET TO THE SOUTHERLY RIGHT OF WAY UNE OF FOREST TRAIL ROAD AS DESCRIBED IN BOOI< 222 AT PAGE 246 IN THE RECORDS OF THE GRAND COUNTY a.ERJ< AND RECORDER'S OFFICE; 'THENCE ALONG THE SOU'THERLY RIGHT Of WAY OF SAID FOREST TRAIL ROAD, ALONG 'THE ARC Of A NON-TANGENT CURVE TO THE LEFT, THE CENffR OF WHICH BEARS N 53023'24. E, HAVING A RADIUS OF 876.78 FEET, A CENTRAL ANGlE OF 21010'26" AND AN ARC LENG'TH OF 324.02 FEET, TO A POINT ON 'THE BOUNDARY or THAT PARCEL or LAND DESCRIBED IN BOOI< 308 AT PAGE 657 IN THE RECORDS OF THE GRAND COUNTY CLERK AND RECORDER'S OFFlCE; THENCE ALONG THE ARC Of A NON-TANGENT CUR'tt: TO THE LEFT, THE CENffR OF WHICH BEARS S 78023'26" E, HAVING A RADIUS OF 140.70 FEET, A CENTRAL ANGLE OF 19038'26" AND AN ARC LENGTH OF 4823 FEET, TO A CORNER OF PARCEL NUMBER 4 AS DESCRIBED IN RECEPTION NUMBER 97002916 IN 'THE RECORDS OF THE GRAND COUNTY CLERK AND RECORDER'S OFFICE: THENCE THE F'OLLOWlNG SIX (6) COURSES ALONG THE BOUNDARY or PARCEL NUMBER 3 AND PARCEL NUMBER 4 AS DESCRIBED IN RECEPlION NUMBER 97002916 IN THE RECORDS OF THE GRANO COUNTY CLERK AND RECORDER'S OFFICE: 1) ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS N 30028'41" E. HAiliNG A RADIUS Of 916,78 FEET, A CENTRAL ANGLE OF 11054'25. AND AN ARC LENGTH OF 190,52 FEET; 2) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 100.00 FEET, A CENTRAL ANGlE OF 69012'31" AND AN ARC LENGTH or 120.79 FEET; 3) S 63010'35" W, A DISTANCE Of 109.25 FEET; 4~ S 56048'58. W. A DISTANCE OF 148.08 FEET: 5 S 42050'00" W, A DISTANCE OF 562,69 FEET; 6 S 32050'00" W. A DISTANCE OF 700.00 FEET TO A POINT ON 'THE SOUTH LINE Of THE SOUTHYlEST QUARTER Of THE SOUTHEAST QUARTER OF SAID SECTION 29, WHENCE THE SOUTHEAST CORNER OF THE SOUTHVlEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 29 BEARS S 89o.a'41" E, A DISTANCE OF 130.00 FEET; THENCE ALONG THE SOUTH LINE Of 'THE SOUTHWEST QUARTER OF 'THE SOU'THEAST QUARTER OF SAID SECTION 29, N 89048'4'" W, . A DISTANCE OF 1155.98 FEET TO 'THE SOUTHEAST CORNER Of THE SOUTHEAST QUARTER Of THE SOU'THWEST QUARTER OF SAID SECTION 29; 'THENCE ALONG 'THE SOUTH LINE Of THE SOUTHEAST QUARTER Of THE SOUTHVlEST OUARTER OF SAID SECTION 29, N 89057'17" W, A DISTANCE OF 1317.28 FEET TO THE SOUTHEAST CORNER Of THE SOU'THYlEST QUARTER Of 'THE SOUTHWEST OUARTER OF SAID SECTION 29; THENCE ALONG THE SOUTH LINE Of THE SOUTHWEST QUARTER OF THE SOU'THWEST OUARTER OF SAID SECTION 29. N 89049'02. W. A DISTANCE OF 1314.64 FEET TO THE SOU'THWEST CORNER OF THE SOUTHWEST OUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29; THENCE ALONG THE WEST UNE OF THE SOUTHWEST QUARTER OF 'THE SOUTHWEST QUARffR OF SAID SECTION 29. N 00030'44" W, A DISTANCE OF 1316.42 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHM:ST QUARTER or SAID SECTION 29; THENCE ALONG THE NORTH UNE OF THE SOUTHWEST QUARffR OF THE SOUTHYlEST OUARTER OF SAID SECTION 29, S 89059'59" E, A DISTANCE OF 1315,89 FEET TO 'THE NORTHWEST CORNER OF THE SOU'THEAST QUARffR OF THE SOUTHVlEST QUARTER OF SAID SECTION 29; THENCE ALONG THE NORTH LINE Of 'THE SOUTHEAST OUARTER OF 'THE SOU'THWEST QUARTER Of SAID SECTION 29, N 89058'38" E, A DISTANCE Of 1316,17 FEET TO 'THE SOUTHYlEST CORNER OF 'THE NOR'THWEST QUARTER Of THE SOUTHEAST QUARTER Of SAID SECTION 29: 'THENCE ALONG THE WEST LINE OF THE NORTHYlEST QUARTER OF 'THE SOUTHEAST QUARTER OF SAID SECTION 29 AND THE WEST LINE OF THE SOUTHWEST QUARTER or THE NORTHEAST OUARTER OF SAID SECTION 29, N 00025'38" W, A DISTANCE or 2647,10 FEET TO 'THE POINT OF BEGINNING; CONTAINING AN AREA OF 9.056.844 SQUARE FEET OR 207.917 ACRES. MORE OR LESS. , - PROPERn&SCRIPTlON FOR OWNERSHIP .ACT 2A ALL OF lllE UNION PACIFIC RIGHT OF WAY L'tING WlllllN lllE SOUlllWEST QUARTER OF lllE NORlllEAST QUARTER OF SECnON 29, TOWNSHIP 1 SOUlll, RANGE 75 WEST OF lllE SlXlll PRINCIPAl MERIDIAN, COUNTY OF GRAND, STATE OF COlORADO, MORE PARnCULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT lllE NORlllWEST CORNER OF lllE SOUlllWEST QUARTER OF lllE NORlllEAST QUARTER OF SAID SEcnON 29; lllENCE AlONG lllE NORlll UNE OF lllE SOUlllWEST QUARTER OF lllE NORlllEAST QUARTER OF SAID SEcnON 29, S 89054'40. E, A DISTANCE OF 147.41 FEET TO lllE WESTERLY UNE OF THE UNION PACIFIC RAILROAD RIGHT OF WAY, AND THE POINT OF BEGINNING: THENCE CONnNUING AlONG lllE NORTH UNE OF THE SOUTHWEST QUARTER OF THE NORlllEAST QUARTER OF SAID SECnON 29. S 89054'40. E, A DISTANCE OF 235.01 FEET TO lllE EASTERlY UNE OF THE UNION PACIFIC RAILROAD RIGHT OF WAY; lllENCE AlONG lllE EASTERLY UNE OF SAID UNION PACIFIC RAILROAD RIGHT OF WAY lllE FOllOWING lllREE (3) COURSES: 1) S 31035'10. E, A DISTANCE OF 148.23 FEET; 2) AlONG lllE ARCS OF A 100 FOOT INSIDE OFFSET TO A SEARLES SPIRAl TO lllE LEn HAVING A DEFlECTION OF 020JO'OO. AND A COMBINED ARC LENGTH OF 235.65 FEET, lllE CHORD OF WHICH BEARS S 32029'48. E, A DISTANCE OF 235.62 FEET, SAID SEARlES SPIRAl HAVING FIVE ARC SEGMENTS, EACH Wllll A CHORD LENGlll OF 48.00 FEET. AND AN INITIAl DEFlECTION OF 00010'00.; 3) AlONG lllE ARC OF A CURVE TO THE LEn, THE CENTER OF WHICH BEARS N 55054'SO. E, HAVING A RADIUS OF 2764.93 FEET, A CENTRAl ANGlE OF 21.54'43. AND AN ARC LENGTH OF 1057,41 FEET. TO lllE EAST LINE OF lllE SOUlllWEST QUARTER OF lllE NORTHEAST QUARTER OF SAID SECTION 29; lllENCE AlONG lllE WEST LINE OF THE SOUTHWEST QUARTER OF THE NORlllEAST QUARTER OF SAID SECTION 29, S 00031'13. E. A DISTANCE OF 239.13 FEET TO lllE WESTERLY UNE OF SAID UNION PACIFIC RAILROAD RIGHT OF WAY; lllENCE ALONG lllE WESTERLY UNE OF SAID UNION PACIFIC RAIlROAD RIGHT OF WAY THE FOLLOYl1NG FOUR (4) COURSES: 1) AlONG lllE ARCS OF A SEGMENT OF A 100 FOOT OUTSIDE OFFSET TO A SEARLES SPIRAl TO THE RIGHT HAVING A COMBINED ARC LENGTH OF 69.78 FEET, THE CHORD OF WHICH BEARS N 57"50'51. W, A DISTANCE OF 69.77 FEET. SAID SEARLES SPIRAl HAVING FIVE ARC SEGMENTS, EACH WITH A CHORD lENGlll OF 48.00 FEET AND AN INITIAl DEFlECnON OF 00010'00.: 2) AlONG lllE ARC OF A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS N 32043'50. E, HAVING A RADIUS Of 2964.93 FEET. A CENTRAl ANGlE OF 23"11'00. AND AN ARC lENGTH OF 1199.69 FEET; 3) AlONG lllE ARCS OF A 100 FOOT OUTSIDE OFFSET TO A SEARlES SPIRAl TO lllE RIGHT HAVING A DEFlECTION OF 020JO'00. AND A COMBINED ARC lENGlll OF 244,36 FEET, lllE CHORD OF WHICH BEARS N 32030'31. W, A DISTANCE Of 244.35 FEET, SAID SEARLES SPIRAl HAVING FIVE ARC SEGMENTS, EACH Wllll A CHORD LENGlll Of 48.00 FEET, AND AN INITIAl DEFlECTION OF 00010'00.; 4) N 31035'10. W, A DISTANCE OF 269.63 FEET TO lllE PDlNT OF BEGINNING; CONTAINING AN AREA OF 322.335 SQUARE FEET OR 7.400 ACRES, MORE OR LESS. PROPERTY DESCRIPTION FOR OWNERSHIP TRACT 28 THAT PORTION OF lllE UNION PACIFIC RAILROAD RIGHT OF WAY LYING W1lHIN lHE EAST HALF OF lHE SOUlHEAST QUARTER OF SECTION 29, TOWNSHIP 1 SOUlll, RANGE 75 WEST OF lllE SlXlll PRINCIPAl MERIDIAN, COUNTY OF GRAND, STATE OF COlORADO. MORE PARTICULARlY DESCRIBED AS FOLLOWS: COMMENCING AT lllE NORTHWEST CORNER OF THE NORlllEAST QUARTER OF THE SOUlllEAST QUARTER OF SAID SECTION 29; lllENCE ALONG lllE NORlll UNE OF THE NORlllEAST QUARTER OF THE SOUlllEAST QUARTER OF SAID SECTION 29, N 89050'34. E, A DISTANCE OF 23.94 FEET TO lllE WESTERLY UNE OF THE UNION PACIFIC RAILROAD RIGHT Of WAY. AND lllE POINT OF BEGINNING; lllENCE CONnNUING AlONG THE NORlll UNE OF lHE NORTHEAST QUARTER OF lllE SOUTHEAST QUARTER OF SAID SECTION 29. N 89050'34. E, A DISTANCE OF 393.39 FEET TO lHE EASTERLY UNE OF THE UNION PACIFIC RAIlROAD RIGHT OF WAY; lllENCE AlONG lllE EASTERlY UNE OF SAID UNION PACIFIC RAILROAD RIGHT OF WAY lllE FOllOWING SEVEN (7) COURSES: I) S 59046'10. E, A DISTANCE OF 24.84 FEET: . 2) AlONG lllE ARCS OF A 100 FOOT OUTSIDE OfFSET TO A SEARLES SPIRAl TO lllE RIGHT HAVING A DEFlECTION OF o7"JO'OO. AND A COMBINED ARC lENGlll OF 202.10 FEET, THE CHORD OF WHICH BEARS S 57003'32. E, A DISTANCE OF'201.94 FEET, SAID SEARlES SPIRAl HAVING NINE ARC SEGMENTS, EACH Wllll A CHORD LENGlll OF 21,00 FEET, AND AN INITIAl DEFlECTION OF 00.10'00.; 3) AlONG lllE ARC OF A CURVE TO 1HE RIGHT, THE CENTER OF WHICH BEARS S 37043'50. W, HAiliNG A RADIUS OF 816.78 FEET. A CENTRAl ANGlE OF 36053'00. AND AN ARC lENGTH OF 525,79 FEET; 4) AlONG lllE ARCS OF A 100 FOOT OUTSIDE OFFSET TO A SEARlES SPIRAl TO lllE RIGHT HAVING A DEFlECTION OF 07"JO'OO. AND A COMBINED ARC LENGlH OF 202.10 FEET, lHE CHORD OF WHICH BEARS S 10035'48. E. A DISTANCE Of 201.94 FEET, SAID SEARLES SPIRAl HAiliNG NINE ARC SEGMENTS, EACH Wllll A CHORD LENGTH Of 21,00 FEET. AND AN INITIAl DEFlECTION OF 00010'00.; 5~ S 07053'10. E, A DISTANCE Of 102.74 FEET; 6 AlONG lllE ARCS OF A 100 FOOT INSIDE OFFSET TO A SEARLES SPIRAl TO lllE LEFT HAiliNG A DEFlECTION OF 07"30'00. AND A COMBINED ARC lENGlH OF 175.92 FEET, THE CHORD OF WHICH BEARS S 10026'31. E, A DISTANCE OF 175.79 FEET, SAID SEARLES SPIRAl HAVING NINE ARC SEGMENTS, EACH WllH A CHORD LENGlll OF 21.00 FEET. AND AN INITIAl DEFtECnON OF 00010'00.: 7) AlONG lllE ARC OF A CURVE TO THE lEFT, THE CENTER OF WHICH BEARS N 74036'50. E, HAVING A RADIUS OF 616.78 FEET. A CENTRAl ANGlE OF 20022'38. AND AN ARC lENGTH OF 219.36 FEET; THENCE S 54014'12. W, A DISTANCE OF 200.00 FEET TO THE WESTERlY UNE OF SAID UNION PACIFIC RAILROAD RIGHT OF WAY; lllENCE AlONG THE WESTERLY UNE OF SAID UNION PACIF1C RAILROAD RIGHT OF WAY THE FOlLOWING EIGHT (8) COURSES: 1) ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS N 54014'12. E, HAVING A . RADIUS OF 816.78 FEET, A CENTRAl ANGlE OF 20022'38. AND AN ARC lENGlll OF 290.49 FEET: 2) AlONG lllE ARCS OF A 100 FOOT OUTSIDE OFFSET TO A SEARLES SPIRAl TO lHE RIGHT HAiliNG A DEFlECTION OF 07"JO'00. AND A COMBINED ARC lENGlH OF 202.10 FEET, lHE CHORD OF WHICH BEARS N 10035'48. W. A DISTANCE OF 201.94 FEET, SAID SEARlES SPIRAl HAVING NINE ARC SEGMENTS, EACH W11ll A CHORD LENGTH OF 21.00 FEET. AND AN INITIAl DEFlECTION OF 00.'0'00.; 3~ N 07"53'10. W, A DISTANCE OF 102.74 FEET; 4 AlONG lHE ARCS OF A 100 FOOT INSIDE OFFSET TO A SEARLES SPIRAl TO THE LEFT HAiliNG A DEFlECTION OF o7"JO'OO. AND A COMBINED ARC lENGTH OF. 175.92 FEET, THE CHORD OF WHICH BEARS N 10026'31. W, A DISTANCE OF 175,79 FEET, SAID SEARLES SPIRAl HAiliNG NINE ARC SEGMENTS, EACH WITH A CHORD LENGlll Of 21.00 FEET, AND AN INITIAl DEFlECTION OF 00010'00.; 5) AlONG lllE ARC OF A CURVE TO THE lEFT, lllE CENTER Of WHICH BEARS S 74036'50. W. HAVING A RADIUS OF 616.78 FEET, A CENTRAl ANGLE OF 36'53'00. AND AN ARC LENGlll Of 397.04 FEET; 6) AlONG lHE ARCS OF A 100 FOOT INSIDE OFFSET TO A SEARLES SPIRAl TO THE LEFT HAVING A DEFlECTION OF 07"30'00. AND A COMBINED ARC LENGlll OF 175.92 FEET, lllE CHORD OF WHICH BEARS N 10026'31" W, A DISTANCE Of' 175.79 FEET, SAID SEARLES SPIRAl HAiliNG NINE ARC SEGMENTS, EACH Wllll A CHORD LENGlll OF 21.00 FEET. AND AN INITIAl DEFlECTION OF 00010'00.; 7~ N 59046'10. W, A DISTANCE OF 217.82 FEET; 8 AlONG lllE ARCS OF A SEGMENT OF A 100 FOOT OUTSIDE OFFSET TO A SEARLES SPIRAl TO THE LEFT HAVING A COMBINED ARC LENGTH OF 148.38 FEET, lHE CHORD OF WHICH BEARS N 59022'36" W, A DISTANCE OF 146.38 FEET. SAID SEARlES SPIRAl HAiliNG NINE ARC SEGMENTS, EACH WITH A CHORD LENGlll OF 21.00 FEET. AND AN INITIAl DEfLECTION OF 00010'00., TO THE POINT OF BEGINNING: CONTAINING AN AREA OF 316,251 SQUARE FEET OR 7.260 ACRES, MORE OR LESS. ýÿ J:.Xlll.Dl.L J\-L. . , . . PROPERTY DESCRIPTION FOR OWNERSHIP TRACT 3 ALL Of THAT ROAD SHO~ AS 'KING ROAD' ON THE LAND SURVEY PLAT FILED UNDER NUMBER LS475 IN THE RECORDS OF THE GRAND COUNTY CLERK AND RECORDER'S OFFICE AND AU. OF FOREST TRAIL ROAD AS DESCRIBED IN BOOK 222 AT PAGE 248 IN THE RECORDS OF THE GRANO COUNTY CLERK AND RECORDER'S OFFICE, BOTH LYING WESTERLY OF THAT PARCEL Of LAND DESCRIBED IN BOOK 308 AT PAGE 657 IN THE RECORDS OF THE GRAND COUNTY CLERK AND RECORDER'S OFfiCE, AND LYING WESTERLY OF THE UNION PACifiC RAILROAD RIGHT OF WAY, BOTH IN THE SOUTHEAST QUARTER OF SECTION 29, TO~SHIP 1 SOUTH, RANGE 75 VlEST Of THE SIXTH PRINCIPAL "ERlDIAN, COUNTY Of GRAND, STATE OF COLORADO, ..ORE PARTICULARLY DESCRIBED AS FOLLOWS: CO....ENClNG AT THE NORTHEAST CORNER Of THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER Of SAID SECTION 29: THENCE S 41043':\4' W, A DISTANCE Of 295.33 FEET TO THE INTERSECTION Of THE BOUNDARY Of THAT PARCEL OF LAND DESCRIBED IN BOOK 308 AT PAGE 657 IN THE RECORDS OF THE GRAND COUNTY ClERK AND RECORDER'S OFFICE AND THE WESTERLY UNE OF THE UNION PACIFIC RAILROAD RIGHT OF WAY, AND THE POINT Of BEGINNING; THENCE ALONG THE BOUNDARY OF THAT PARCEL OF LAND DESCRIBED IN BOOK 308 AT PAGE 657 IN THE RECORDS OF THE GRAND COUNTY CLERK AND RECORDER'S OfFICE, ALONG A CURVE TO THE LEFT, THE CENTER OF 'MilCH BEARS S 53029'37" E, HAVING A RADIUS Of 140,70 FEET, A CENTRAL ANGLE Of 24053'49' AND AN ARC LENGTH OF 61.14 FEET. TO THE SOUTHWESTERLY RIGHT Of WAY UNE Of SAID fOREST TRAIL ROAD: THENCE ALONG THE SOUTHWESTERLY RIGHT OF WAY UNE Of SAID fOREST TRAIL ROAD, ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, THE CENTER OF 'MilCH BEARS N 32012'58' E. HAVING A RADIUS OF 876.78 fEET, A CENTRAL ANGLE OF 21010'26' AND AN ARC LENGTH OF 324,02 FEET, TO THE SOUTHERLY RIGHT Of WAY UNE Of SAID KING ROAD: THENCE THE FOLlOVllNG ELEVEN (11) COURSES ALONG THE SOUTHERLY. WESTERLY AND NORTHERLY RIGHT Of WAY UHE Of SAID KING ROAD: 1) N 60029'31' W, A DISTANCE Of 96.87 FEET: 2 S 87"29'29' W, A DISTANCE OF 47.93 FEET: 3 S 45001'29' W, A DISTANCE OF 218.73 FEET; 4 S 60001'29' W. A DISTANCE OF 174.99 FEET: 5 S 6802729' W, A DISTANCE Of 115.61 FEET: 6 N 21032'31' W, A DISTANCE Of 60.00 FEET: 7 N 6802729' E, A DISTANCE Of 111.19 FEET; 8 N 60001'29" E, A DISTANCE OF 162.67 FEET; 9 N 45001'29' E, A DISTANCE Of 234.15 FEET; 10 N 87029'29' E, A DISTANCE Of 68.46 FEET: 11 S 60029'31' E, A DISTANCE OF 127.01 FEET TO THE WESTERLY UNE Of THE UNION PACifiC RAILROAD RIGHT Of WAY; THENCE ALONG THE WESTERLY UNE Of THE UNION PACIFIC RAILROAD RIGHT OF WAY, ALONG THE ARC Of A NON-TANGENT CURVE TO THE LEFT, THE CENTER OF MilCH BEARS N 54.,4',2' E, HAVING A RADIUS Of 816.78 FEET, A CENTRAL ANGLE OF 21025'00' AND AN ARC LENGTH Of' 305.31 FEET, TO THE POINT Of BEGINNING; CONTAINING AN AREA Of 60.086 SOUARE FEET OR 1.379 ACRES. "ORE OR LESS. PROPERTY DESCRIPTION FOR OWNERSHIP TRACT 4A AU. OF THAT PARCEL OF LAND DESCRIBED IN BOOK 68 AT PAGE 323 IN THE RECORDS Of' THE GRAND COUNTY CLERK AND RECORDER'S OFFICE L VlNG NORTHWESTERLY Of THAT ROAD SHO~ AS 'KING ROAD' ON THE LAND SURVEY PLAT FILED UNDER NU"BER LS475 IN THE RECORDS OF THE GRAND COUNTY CLERK AND RECORDER'S OFFICE, IN THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 1 SOUTH, RANGE 75 WEST Of THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO, "ORE PARTICUlARLY DESCRIBED AS FOLlOWS: COW"ENClNG AT THE NORTHEAST CORNER Of' THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER Of SAID SECTION 29: THENCE S 83.46'18' E, A DISTANCE Of' 923.89 FEET TO THE SOUTHWEST CORNER OF THAT PARCEL Of' LAND DESCRIBED IN BOOK 73 AT PAGE 505 IN THE RECORDS Of THE GRAND COUNTY CLERK AND RECORDER'S OFFICE. AND THE POINT Of' BEGINNING; THENCE N 89059'07' E, A DISTANCE OF 154.65 FEET TO THE NORTHERLY UNE OF SAID KING ROAD; THENCE ALONG THE NORTHERLY RIGHT OF WAY UNE Of SAID KING ROAD, S 45.01'29" W, A DISTANCE OF 24.95 FEET; THENCE CONllNUING ALONG THE NORTHERLY RIGHT Of' WAY UNE Of' SAID KING ROAD, S 60001'29' W, A DISTANCE OF 158.12 FEET; THENCE N 00.00'53' W, A DISTANCE Of 96.60 FEET TO THE POINT Of BEGINNING: CONTAINING AN AREA OF 7,980 SOUARE FEET OR 0.183 ACRES, WORE OR LESS. PROPERTY DESCRIPTION FOR OWNERSHIP TRACT 48 ALL OF THAT PARCEL OF LAND DESCRIBED IN BOOK 68 AT PAGE 323 IN THE RECORDS Of THE GRAND COUNTY CLERK AND RECORDER'S OFFICE LYING SOUTHEASTERLYOf' THAT ROAD SHOWN AS 'KING ROAD' ON THE LAND SURVEY PLAT FILED UNDER NUWBER LS475 IN THE RECORDS OF THE GRAND COUNTY CLERK AND RECORDER'S OFFICE. IN THE SOUTHEAST QUARTER Of' SECTION 29, TO~SHIP 1 SOUTH, RANGE 75 WEST Of THE SIXTH PRINCIPAL "ERIDIAN. COUNTY OF GRAND, STATE OF COLORADO, "ORE PARTICULARLY DESCRIBED AS FOLlOWS: COWMENClNG AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER Of' SAID SECTION 29; THENCE S 83046'18' E, A DISTANCE OF 923.89 FEET TO THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN BOOK 73 AT PAGE 505 IN THE RECORDS OF THE GRAND COUNTY a.ERJ< AND RECORDER'S OFFICE; THENCE N 89059'53' E. A DISTANCE Of' 200.00 FEET; THENCE S OO.OO'5J' E. A DISTANCE OF 39.51 FEET TO THE NORTH RIGHT Of' WAY UNE OF SAID FOREST RAIL ROAD AND THE POINT OF BEGINNING: THENCE CONTINUING S 00000'53" E, A DISTANCE OF 60.49 FEET: THENCE S 89059'07" W, A DISTANCE OF 85.75 FEET TO THE SOUTHERLY RIGHT Of WAY UNE OF SAID KING ROAD; THENCE ALONG THE SOUTHERLY RIGHT OF WAY UNE Of' SAID KING ROAD, N 60.001'29' E, A DISTANCE OF 68.74 FEET; THENCE CONllNUING ALONG THE SOUTHERLY RIGHT OF WAY UNE OF SAID KING ROAD, N 45001'29' E, A DISTANCE OF 37.03 fEET TO THE POINT OF BEGINNING: CONTAINING AN AREA OF 2,264 SQUARE FEET OR 0.052 ACRES, MORE OR LESS. Form No. tJ42 (co.an eM . / ~~hibrr c-l . " J . ~J/ ~ I ~ l\ M E FIRST AMERICAN TITLE COMPANY INFORMATION The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. TABLE OF CONTENTS Page AGREEMENT TO ISSUE POLICY 1 SCHEDULE A 1. Commitment Date 2 2. Policies to be Issued, Amounts and Proposed Insureds 2 3. Interest in the Land and Owner 2 4. Description of the Land 2 SCHEDULE 8-1 - Requirements 3 SCHEDULE B-2 - Exceptions 4 CONDITIONS other side 1 YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment. please contact the issuing office. ....-..... --.---...-..-..... . . . e CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument (b) "Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section 2 may be amended to show any defects, liens or encumbrances that appear for the first time in public records or are created or attached between the Commitment Date and the date on which all of the Requirements of Schedule B - Section 1 are met We shall have no liability to you because of this amendment 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encum- brances, we shall be liable to you according to Paragraph 4 below unless you knewofthls information and did not tell us about It In writing. 4. LIMITATION OF OUR LIABILITY Our only obligation Is to issue to you the Policy referred to In this Commitment, when you have met Its Requirements. If we have any liability to you for any loss you Incurbecause of an errorln this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted In good faith to: comply with the Requirements shown in Schedule B - Section 1 or eliminate with our written consent any Exceptions shown In Schedule 8 - Section 2. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whetheror not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. . Form No. 1343 (Co-90) Al TA Plain language Commitment . . COMMITMENT FOR TITLE INSURANCE ISSUED BY i agent for I I FIRST AMERICAN TITLE INSURANCE COMPANY I AGREEMENT TO ISSUE POLICY ! FIRST AMERICAN TITLE INSURANCE COMPANY, referred to In thisCommitmentas the Company, through its agent, identified above, referred to In this Agreement as the Agent, agrees to issue a policy to you according to the terms of this Commitment When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. Ifthe Requirements shown In this Commitment have not been met within six months after the Com. mitment date, our obligation under this Com mltment will end. Also our obligation underthisCommitment will end when the Policy Is Issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions In Schedule B-2, The Conditions on the reverse side of this page This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B. First American Title Insurance Company BV(}/4xl~ --~ PRESIDENT .AHE INSg , ~~ .0' 00. 0 of., , "- 0 'e + if ..... eO' ,.PO~ 00 ~ I ( ~ 0 ~ .,'. ~ , .... : <:.a '" . ~.'lI:: ....:~iI BY /)1tvJ-~ ~ SECRETARY \( :.. ,."'.'" 2;:' .: : ) ~ ". 1968 ... ~ ~ ~;;~.~~.~~~ .'J ~--';/ BY~ ~~~ COUNTERSIGNED ~l ~ COHMl:THENT. . SCJUi'DJI' ~ A .JU l'l<I:.Y L. KIRf<EN)ALL DEVEIDPnG EOJITIES CKlJP UC 2171 EAST 'l'ERRARIOOE IIUVE HIGiLANl:S !WOi CD 80126-2607 1. Effective Da'te: Februa.xy 2, 1998 at 7: 00 No! Order No. 117338 -C QI/bs QJstof:De.t" Refe.r:~ Mi\RYVAIE 2. AL'm 05mer' s Policy lkIam1:: $ ~csed Insured: A SJYER ro BE DEI'EHmB) 3. AL'm LoBo. Po] of~ es lkIam1:: $ . h'll"'jsed :Insured: h~S'ed %Dsund: lkIam1:: $ .. 4. '!he esta1:e at' 1DteLest; :In the land descdbed or refb.,Lad 'to :In 1hls n-n'bDe4t aDd CIOUlE!a!d bere:In is: ... . ~ FEE SIMPIB aDd 1:1:t.J.e 1:ha'eoo is a1: the effective da1:e hereof vestal in: Mi\RYVAIE LIe, a Colorado limited liability (;ulf:JDI1:t' (Subject to aequ1rements) of --d by: Owner's P.remiun: $ 'IHE TITIB cx:MPANY DC I.erx3er's Premiun: $ P 0 B:IX 415 Add'l Ia1der 01g: $ WIN1'ER PARK CD 80482 Add'l 0laJ:ges: $ P7\X 970-726-9488 Tax Certificate: $ HI 970-726-8CJ77 DENVER 303-892-1903 EndcuSca18lt Olg: $ 'lB) 0laJ:ges: $ 150.00 '1'O'1m, ~: $ 150.00 F J.tCb"l' AMERICAN TITIB IN3U1Wa ro1PANY' - - - _. - ~_.. _.. ýÿ . COMMITMENT . Plat id No. . SCHFDJLE A (cx:ntinued) Order: No. 117338 -C 5. '!be land refet;:&.~ to in the CcmDi.tment: is covering the land in the State.of 0Jlarad0, OJunty of Grarx:i , described as foJ.J.ows: A parcel of land 1cx::ated in tie Salth ene-half of tie Salth ooe-half (Sl/251/2) of Secticn 20, tie Salth ene-half of tie ~ ~ (Sl/2SWl/4) of Sect:i.cn 21, Secticn 28 and Secticn 29 all in Township 1 Salth, Range 75 West of the Sixth Principal ~dian, Ccunty of Grar.rl, State of Co1a:rcd:), m:xre partia.1larly des::r1bed as follows: '!hat partien of tie ~ ~ of tie ~ ~ (SWl/4SWl/4) of said Sect:i.cn 20 lying l'LL U~ly and Easterly of the Salthem Pacific Railroad right of way: Together with that partien of 1:h! Sc:ut:mast ~ of 1:h! ~ ~ (SEl/4SW1/4) of said Secticn 20 lying Sa.rt:herly - and Westerly of HigtNsy~. 40: Together with 1:h! Sarth cne-half of the Sc:ut:mast ~ (Sl/2$1/4) of said Sec1::icn 20: Together with the Sarth ooe-half of the ~ ~ (Sl/1SWl/4) of Sect:i.cn 21: Together with the N::D:theast ~ (NEl/4) of said Secticn 28; Together with the MJrth cne-half of the Sc:ut:mast ~ (Nl/2SEl./4) of said Sect:i.cn 28; Together with that porticn of 1:h! No:rt::boJest ooe-quarter of the . ~ ooe-quarter (Ntll/4SWl/4) of said Sec1::icn 28 lyjnJ !'bLU~~y :.. ;' , of. 1:h! right of way of K:i:ngs CI:cssing Road as des::r1bed en a .Iand . .. Survey Plat :t'E!OOLdtd at ReceeUcn~. 96007615; . '.' " '1bgether with that particn of the Sa.l'thest ooe-quarter of the . .~ ~ ooe-quarter (SWl/4SWl/4) of said Sec1::icn 28 lyjnJ l'LLU-=rly .~'.: of said right of way of Kings CI:cssing Road, be there CJ'af; -~:... Together with the No:rt::boJest ~ (Ntll/4) of said Sect:i.cn 28; '. .. .7-':.' Together with the N::D:theast ~ (NEl/4) of said Sect:i.cn 29; . .:. . Together with those port:f..oos of the Sc:ut:mast ooe-quarter (SEl/4) of said Secticn 29 as des::r1bed as PaI:oel. 3 and Parcel 4 at Reoepticn No. 97002916; ...- ... Together with that partien of 1:h! N:xrth cne-half of 1:h! No:rt::boJest ~ (Nl/2NW1/4) of said Sect:i.cn 29 lying N..u.Utit'ly and Easterly of the Scut:her:n Pacific Railroad right of way; Together with the Sarth cne-half of tie ~ ooe-quarter (Sl/1SWl/4) of said Sec1::icn 29; Together with that porticn of N:Jrtheast ooe-quarter of the Scutheast ~ (NEl/4SEl/4) of Sec1::icn 29 lying Nart.rerly and Easterly of the Scut:her:n Pacific Railroad right of way; Except tie right of way for HigtHiy~. 40: Except tie right of way for Scut:her:n Pacific Railroad; Except the LLaCt of land a:nveyed .by Regis-Maryvale, Irx::. to the East Grand Fire Prot:ecticn D1st:rict .by inst:r:unent recacded N:Jveni:er 8, 1982, in Book 318 at Page 649 in the Office of the Grand Ccunty Cle.I:k (Calt:lnJed ) );0 ~"'l' AMERICAN TITLE naJIWICE CXMPANY -, -.. ýÿ . AD!SOUPl'IQf (cxntlmJed) ~ N:>. 117338-C and ReioaL~; Except the u,C1.."1: of land c:x:nveyed by Regis-Ma.ryvale, Ire. to the Grand County Water and Sanitatial District N:>. 1 by insttunent recox:Jed July 26, 1983, .in Ebdc 332 at Page 677; Except the u,C1..1. of land c:x:nveyed by Regis-Ma.ryvale, Inc. to the Town of Fraser by Warranty Deed ~ Nc:M:!mber 5, 1987, in BcxX 427 at Page 601; Except that paroe.l. of land koown as Tract "A", Regis-Ma%yva.l.e, Inc. a S.lbdiv1si.cn EHenptial as xeco.t'\ltd at Reoeptial N:>. 280227; Except the right of way of that County RJad known as "Fw:est Trail" as recatJt:d in BcxX 222 at Page 248; . Except the right of way of that County lad. krxJwn as "Old King RJad" as recot:dt:d at File Nl.IIiler 0080; - Except that five (5) acre tLCd- of land c:x:nveyed by Maxyva1e, LIe to the Cbm:b recatdtd at ~l1a1 fob. . , Except that t.cL1. of land known as "Ma%yvale P1ann:lng A7:ea fob. 6" a Subdiv1si.cn ExeDpt::lal; Rsloept that LLCIt..o1. of land krxJwn as "King's C:ross:l:ng Solar '1'ownhaIes" as %'E!lOOLUtd. at Raoeplial fob. 177402 and Rsloept that parcel of land desc::ribed as an except:I.cn parcel in BOok 442 at Page 6U7. ~..-_. ~ F~r AMmICAN TITIB IN3l1RAN:E CXJ.1PANY' 'j. :: . -. -. . '. . .. .....-. _. - .. . I I . I . COMMITMENT ! I SCHJ:1X.JLE B Order No. 117338 -C : Secticn 1 ~ 'lHE FOI.LCMDC ARE '1HE ~ TO BE a::H?LIm WI'1H: Item (a) Paynent to or for the ~t of the grantors or rcortgagcrs of the full c:x:nsideraticn for the estate or interest to be insured. Item (b) Prq)8r instrument(s) creating the estate or interest to be insured must be executed am duly filed for recaro, to wit: 1. Deed fran KE.VIN L. E.HLE:RS, E. RIa<: WA'mCXJS, IXNAID E. MIEI1<E, IX.11\NE A. IXJFFY, RIOfARD F. NIPERl', GM<< R. D.J\NI, l-1:<J:;J:;,L' SDGI, JUDITH K. ELLIOIT am IARRY IXS 1:0~, LIC. e NJ1'E: Duly executed real property transfer declaraticn, executed by either I the Grantor or Grantee, 1:0 ~ the Deed menti..ooed above, p.lrSUaIlt 1:0 Article 14 of Ib.1se Bill !'-O. 1288 - cas 39-14-102. ! 2. Certified legal ~ ~lpticn by a regist:ered smveyar or engineer prcperly - ..:lIes ~lbing that five (5) acre u:~1. known as the "c.::hu:rch Parcel n. 3. Deed fran ~ LIe, a Colorado limited liability ~ 1:0 THE ARamIO :t<~~ OF DENV.ER, a Colorado nc:n-profit cmporaticn (As to the "Cmrch Parcel" ) . _. NJ1'E: Duly executed real property transfer ~l erat:l.a1, executed by either the ~&llaL or Grantee, to ~ the Deed menti..ooed above, p.lrSUaIlt 1:0 . . Article 14 of Ib.1se Bill!'-O. 1288 - cas 39-14-102. NJ1'E: Upcn cxup1ianoe with RequiJ:enent !'-O. 3, the ~~late rec:ording infcmnaticn will be inserted in the legal descripticn. 4. Fel-se by the Public Tntstee of Grand CaJnty of the Deed of Trust :fJ:an Maryva1e, LIC, a Colorado limited liability c::x:zrpmy for the use of Regis Jesuit Holding, Irx::., a Colorado nc:n-profit cacpo!"aticn, 1:0 seo..rre $1,000,000.00, dated Marcil 30, 1994, am recadIed April 6, 1994, at RecepUal. N:>. 94003906. 5. Felease by the Public Tntstee of Grand CaJnty of the Deed of Trust fran Maryva1e, LIC arxi Sumnit Invesbnents, Inc. for the use of Colorado Camunity First State Bank, to secure $185,000.00, dated July 22, 1996, am recodJed July 23, 1996, at Reoept1cn !'-O. 96006080. K1l'E : Assig&&lleut of Rents recorded July 23, 1996, at Reoepticn!'-O. 96006081, given in COl:~ with the aboue Deed of Tntst. (Calt:iIuJed ) . 1'-ll'C::)"l' AMERICAN TITLE ~ a:MPANY --.... . .. - . ~ (CDlt:inued) . Order No. 117338 c- 6. Fe 1_se by the Pub 11 c 'I':rustee of Grand County of the Deed of T.rust fran Maxyvale LLC, a Colorado limited liability c:x:mpany far the use of Regis Jesuit Hold1ng, Ir:c., a Colorado ncn-profit COL~dtiQ'l, to sec::ure $1,000,000.00, dated August 19, 1996, and reco.cded August 27, 1996, at Recepticn fib. 96007315. 7. Pel ease by the Public Trustee of Gram County of the Deed of Trust: f.ran Max'yvale, LLC for the use of Colorado CamI.mi ty First State Bank, to seo..o:e $283,000.00, dated March 31, 1997, arxi reca:cded April 9, 1997, at Reoepticn fib. 97002917. N:7l'E : ..l.SSigU'lt::ut of Rents reco.cded April 9, 1997, at Reoepticn No. 97002918, given :in COl.~~ with the aI::love Deed of T:tust. - 8. Deed fran ~ LLC, a Colorado limited liability CUlp:llly 1:0 A ElJYER '10 BE ~. N:7l'E: . Duly executed real ~ ll" transfer nee18'C'a1:ial, executed by either the Grantor or Chcnd::ec, to ac.x:oap::u.Iy the Deed merrt::l.a1ed al:x:M!, pursuant 1:0 Art:lcle 14 of HaJse Bill fib. 1288 - 0lS 39-14-102. '!HE CXJotpANY' ~ '!HE RIGiT '10 cx:.NXnl' AN AlDITIQU\L SFAR:H OF THE ~ IN '!HE OFFICE OF THE CUR( AND ~ FCR ~ CXXJN1'Y, CX)UJWX) FtR JUIXH!N1' LImS, TAX LIEN; CR 01HER S.IMII:..AR CR DISS.IMII:..AR IN'UOWNrARY ~ Al'1'l!l,;.r.llG THE ~ CR GWn'EES, AND '10 MN<E S(DI AIDITIQU\L ~ AS IT DEEl-S 1'18 :to~, AF'l'.mt THE IDEN1'I'1Y OF THE GRANl'EE CR GWon"EES HAS BEEN DT~~ '10 THE CXJotpANY'. l'~ll'C:)'r AMERICAN TITIE D&.1RAlCE CXJotpANY' -~ --.. --.. ..-- . COMMITMENT . 9:]ninJ{,E B Sect.ia1 2 ~l'~CIIIS Order No. 117338 -C '!be polley or poHc1es to be i~~ will cxn'tain except:ialS to the fallcw1ng 1IB'tt2rs unless the same are rli c;posed of to the satisfaction of the ~: Arty lass or danege, 1rx::luiing aLlo.t.ut:=Y fees, by reasc:n of the matters shown below: 1. Arr:i facts, rights, interests, or c1a:irns which are n:rt: shown by the p.Jblic :t'E!CO!Us but which en lid ascertained by an inspect1cn of said land or by mak:inJ 1nqu.izy of pe.rscns in p:lSs '16'1 en thereof. I 2. EaserI&lts or claims of easanents, rot stDwn by the plblic records. I 3. D1screparx:ies, cx::r1.f1icts in 1::ourx3azy lines, st~ Lqp in area,E!C~uad.lIt::ut:s, and . i art':[ other facts whid'l a COL:t'ecL sm:vey wonl d rli ~1 ose and whid'l are lX1t sl1cN1 by I the p th 1 of C X'eOOLUs. 4. Arty lien, or right to a lien far sexvices, labor or material heretofore or hereafter :furnished, iDp:)sed by law and lX1t shown by the p..tblic reoaros. 5. Defects, liens, erx:utDt:&lCeS, adverse claims or other matters, if art':[, created, first awearl.ng in the pnbHc recatds or attac:hing subsequent to the effective date hereof, but prior to the date the prqxJSed insu:led ~ of reooro for value the estate or interest or lID:: 19age therecn oovered by this Canni tment. 6. Taxes duB and payable; and art':[ tax, ~ 81 D"" T9"'alts, c::tlarge or lien ~ - far water or sewer se:tVice, or for art':[ other ~ 81 taxing district. 7. Right of the PL~letor of a Ve:ln or IDde to a.u&...1. and rBlDYe his ore t:1Erefzan, should the same be found to penetrate or intersect the premises he.1::eby g.&.Cllda:!, as resexved in UUted states Patent reoocded April 10, 1882, in Bode 1 at Page 592; August 1, 1887, in Bode 4 at Page 502; June 27, 1892, in axK 13 at Page 295; March 29, 1893, in axK 13 at Page 318; April 1, 1895, in Beck 13 at Page 361; June 9, 1908, in Beck 34 at Page 175; July 18, 1908, in axK 34 at Page 182; NoveariJer 12, 1943, in Beck 90 at Page 526. 8. Right of way far ditd&:t or canals cx:ostructed by the ~lty of the United States, as resexved in United States Patent reoocded April 10, 1882, in Bcx:k 1 at Page 592; August 1, 1887, in axK 4 at Page 502; June 27, 1892, in axK 13 at Page 295; June 9, 1908, in Book 34 at Page 175; June 18, 1908, in Book 34 at Page 182; May 3, 1915, in Book 53 at Page 441; 1\pri1 27, 1918, in Beck 53 at Page 481; May 3, 1922, in Beck 53 at Page 537; June I, 1925, in Book 53 at Page 610; NoveariJer 12, 1943, in Bod( 90 at Page 526. 9. Arty and all di tx::hes and ditch rights of way. (CcntinJed ) l' ~T AMERICAN TITLE ~ CXMPANY' ..... . ~-- -. . ýÿ . ~J.'~(N; (cxmtiD.Jed) . Order No. 117338 -{: 10. Nrf quest1cn, dispJte or adverse claims as to any loss or gain of larXl as a result of any d'laq;e in the riverbed locaticn by other than natural causes, or al teraticn thrc:ugh acx:reticn, %el.i.ctial, erosicn or evulsial of the center thread, bank, c::.harnal or flow of the waters in the Ie.land Creek lying within subject larxi; am any questicn as to the lcx:a:ticn of such center thread, bank, bed or channel as a legaJ. A-:- ~lpticn m:::rutent or marker for the puxposes of I describ:1lv or lcx:ating subject lands. i I ! N:1I'E : 'lbere are no cXx:unents in the land xeco:rds in the office of the Cle1:k and I Rec:o!Jt:r for Grand County, Col.o.a::cW, acoxrately locating past or ~t:lb1:::nt loca:ticns of the oeuter thread, bank, bed or channel of the abc:Jye river or indicating any al teratia1S of the sane as fran tine to tiJre may have cxx:urre1. I 11. Arr:i rights, interests or easements in favor of the State of Colorado, the UUted . States of America, or the general. p1blic, whid1 exist or are C,.,imed to exist in, I over, under ard/or ~~ the waters am pr as et:1t and past bed am banks of the i Fraser River an:i Ie1and Creek. ! ~. . 12. F.e~leut and right of way for road plrpCsee, as :reserved by Wi 1 Horq z. COzens, Ma.:Iy E. Cozens am Sarah A. Cozens in the Deed to Austin M. Be&. u.caal, recorded July 27, 1905, ;in Bcx:k 22 at Page 338, said easement being JJDre part:la.ll.ar1y desc:::dbed t:here:ln. 13. Easement am right of way for road right of way pmp:ses, as granted by Regis College 1:0 1he 8oaJ:d of County Calmissialers of the County of Grand by inst:nJnent ~ded February 14, 1934, in Bock 81 at Page 496, said ease&Ent being nme part:la.ll.arly ocs~lbed the1:e:in. 14. Easement am right of way 1:0 CXXlStn1ct, cperate, maintain am reIIDUe oamuni.ca:t1cn am OUICL facilities, as y.LClUtsd by Regis li'.rn~t::la1 Ox~ 1:0 '!he M:xmtain States '.l'el.epx:I'e am Tel.eg::r:a(;h C01pany by J.ns1::r:uJ.Ent reoacded July 28, 1938, in Bcx:k 87 at Page 524; August 20, 1973, in Bock 199 at Page 683; May 23, 1974, in Bcx:k "1Ul at Page 621 and April. 26, 1978, in Book 244 at Page 382, said easement being DlXe part:.laJ1arlydr!51~ibed t:here.in. 15. Easement and right of way far light am power line p.rc:poses, as y.LCllited by Regis ('0' lege 1:0 1he fobmtain tJti1ities CotlAAat:i.al by inst:nJnent :recot:ded July 6, 1946, in Bock 95 at Page 178, in which the specific locaticn of said easement is not defined. (Cart:.lnued ) .1' .ll'C::)r AMERICAN TITIE D&JIWoCB <:n1PANY' .~. ->. -. . . .... . . DL;.ur~'.LCH; (cxntimJed) . Order No. 117338 -C I 16. Easement and right of way to <XX'lStruct an electric transmissicn and d.ist:ri.buticn ! 1.in:!, as granted by Regis college to MJuntain Paz:Ks Electric Co., Irx=. by ! instJ::urent recxu:ded f\bvent)er 18, 1953, in Boc:K 107 at Page 1, in which the i specific locatial of said easertEnt is rx:>t defined. I 17. Easement and right of way to install, c:x::nst:r:u::t, maintain, alter, repair, rep]~, recx:nst:ruct, qerate and rE!IlDYe pipUines and related ~ far I the transportaticn of gas ar oil, as granted by Regis College to WesteJ:n Slope Gas Carpany by inst:::runent rECOi:Jtd Septeak~ 30, 1969, in Eook 167 at Page 331 and ~~ 6, 1970, in Bxlk 173 at Page 8CJ7, said easement being nore I partiallarly described therein. i t ~ 18. E'.asenEnt and right of way to OOl)SUloCt, cperate and maintain an electric dist:r1but:1.cn line or system, as granted by Frank J. Jd'lns to M:xmtain Pal:ks . Electric, Irx::. by inst:z:\:m:nt rECOi:Ut::U August 11, 1972, in Boc:K 189 at Page 206; I'<bYember 2, 1977, in BcxX 240 at Page 325 and Delae1'Ii)er 28, 1977, in BcxX 241 at , Page 897 and 899, said easement being ncre part:1a.1l.arly described threze:ln. 19. E'.asenEnt and right of way to install, OOlk:tl.(uct, maintain, alter, repair, i %1=Ipl<K:'e, ~aLL1JCt, cperate and ~ a SBer pipeline, as granted by Regis Fnnca:t:icna.1 Coqx:u.at:l.cn to Grand County Water and Sani taticn District N:l. 1 by instJ::urent X'eIOO.t:Jtd June 19, 1974, in Bcx:K 208 at Page 423 and 425, said ~ce-"eut being DDre particularly described threze:ln. 20. . Easement and right of way far cx.nst:I:ucting, I:e-CXXlSt::roc, altering, ext::end:l.ng, cperating, .inspect:l.ng, repairlng, ma.in~ and retiring an electric line or system, as ~au1:Bi by Regis F"'~tiala1 ~at:i.cn to M:Juntain Pa%ks E1ect::rlc, Irx:. by 1nsb:unent rec:xl(dt:d April. 12, 1978, in Bxlk 244 at Page 111 and 112 and I'<bYember 19, 1980, :in Bock 283 at Page 408, said easement being ncre part:iaJlar1y described therein. 21. F.asemeat and right of way far cx.nst:I:ucting, I:e-CXXlSt::roc, altering, extending, qerating, .inspect:l.ng, repairlng, main~ and retiring an electric line ar system, as ~ar.ltsd by Grand County Water and Sanitaticn District #1 to M:unt:a:in Paxks Electric, Inc. by :lnstnmant recorded February 22, 1978, in Boak 242 at Page 974, said easeme&lt being nore particularly described therein. 22. Easement and right of way to OOl_w,loCt, ~ate, maintain, rep leoe, rec::x:xlSt:ruc, enlarge, inprove, repa.1r and rE'1lDVe urx3ergrourd c:x:mrunicatial line, as granted by Frank J. Jdlns to 'Ihe M:u1tain States Telepixre Arx1 Telegraph Carpany by instJ::urent :reoorded April. 26, 1978, :in Bcx:K 244 at Page 383 and 440, said easement be.:1ng nore part:1a.1l.arly described therein. (Calt:inJed ) .1'~"T AMERICAN TITLE ~ crMPANY - - ýÿ . DLu-'.l'~CH; (a:n1:in.Jed) . Order No. 117338 -C 23. Ease!nelts and rights of way, as reserved by Wa.l te.r L. ~ far Frank J. Jdms in the Deed to Iknald N. Drake and Janes H. Gi.bsc:n, recacded August 9, 1982, in Book 314 at Page 404, in whid1 the speci fic locaticn of said easement is rx:>1: defined. 24. F.ase!nEnt am right of way far water ~, roadway am utility purposes, as granted by Regis-MaJ:yvale, ~. to East Grand County Fire Protect:ia1 District !'b. 4 by instJ:unen.t :reooLdtd ~ 8, 1982, in Book 318 at Page 651, said easement being DDre particularly described therein. I 25. E'.asEm:!nt am right of way to enter, lay, repair, maintain, remJYe, enlarge and I qe:ate ooe or ncre sanitazy sewer pipelines, as granted by Aegis-MaJ:yvale, Inc. to O::na.ld N. Drake by instJ:unen.t :recorded Dec:B~ 14, 1983, in Book 341 at Page I I 155, said easement being ncre particularly described therein. . i I 26. E'.asEm:!nt and right of way far~, re-a:nst:ruct::, altering, extending, qe:atiDJ, inspect::lng, repairing, ma:lntaining arxi retlrlng an electric l:lne or system, as 9-LClliled by Regis Maxyvale, ~. to lobmtain Pa%ks E1ect:ric, ~. by I instJ:unen.t reaxded ~abQr V, 1983, in B:xK 341 at Page 714, said easem:nt being DDre particularly described therein. i V. F.aserlEnt arxi right of way far~, re-a:nst:ruct::, altering, exterld:lng, I I qe:atiDJ, :lnspecting, repairing, main~ arxi ret:l.r:I.ng an electric l:lne or . system, as granted by O::na.ld N. Drake and James H. Qibscn to M:ul'ta:f.n Pat:ks , E1ect:ric, Inc. by instr:unent reaxded August 3, 1984, in Bock 355 at Page 122, .. .' ,said easemealt being DDre part:ia.1l.arly described t:here:ln. 28. . EaseulelUt and right of way to COt.~LLlJCt, operate and maintain an electric .. U:ddSu' r <<;91 en or d.ist::r.i.h.rt line ar system, as 9-LClut:ed by Geo.cge Ga:rovscn to M:ultain Pat:ks E1ect:ric, ~. by instJ:unen.t X'eOCU:d&l Jaruu:y 31, 1986, in Book 388 at Page 746, said easement being DDre particularly described therein. 29. Annexa:t:ial ~e.:.aent by the 'lbwn of F.raser and Aegis-Maryva1e, ~. reaxded ~~. 21, 1986, in Book 405 at Page 734 and AssigmIents reco.c::d&l April 6, 1994, at RecepLla1 N:>. 94003904 arxi Maxd1 19, 1996, at Feoept:I.a1 N:>. 96002291. 30. F.ase!nEnt and right of way for 80C:;0eSS puxpoees, as granted by Regis-MaJ:yvale, ~. to '!he Board of Tl:ustees of the 'lbwn of Fraser by instJ:unen.t reaxded ~~. 21, 1986, in Book 405 at Page 831, said easement being nore particularly described t:here1n. (Ccnt:1nued ) 1- .l.l'<:;)"'l' AMERICAN TITLE DSJIWoa CXM?ANY' ....-~ . . . ~J.'.l.~ (ocn1::inJed) . Order No. 117338 -C 3l. Easement and right of way far srOII ::> ~C2:P p..apoees, as granted by Regis-Maryvale, Inc. to '1ba Town of Fraser by instrunent recocded Noveni:Jer 5, 1987, in Bcdc 427 at Page 607, said easemeut being nore particularly desc::ribed th3.rein. 32. Ea.sene1t and right of way far ingress arxl EiQ.I.~ p..apoees, as reserved by Adam lee M1.ze and Ma:ty Catherine M1.ze in the Deed 1:0 Rxlks County Savings llC!CW"Y'<i aticn, reccu.Ued !Ibvanber 7, 1988, in Bcdc 442 at Page 607, said easeaeut being DDre pa.rt:iaJ.larly desc::ri.bed t:hm:ein. 33. Ea.sene1t and right of way far: ingL~ arxl E!iQL~ p..apoees, as granted by Rxks County Savings ll~i aticn 1:0 Adam Lee M:ize and Maxy Catherine Mize by instnment reauUed JIbvartJer 7, 1988, in Boc::k 442 at Page 609, said easemeut be:1:ng DDre particularly desc::ri.bed t:hm:ein. . 34. Faseatltsit and right of way 1:0 c:x:nstruct, operate, ma.inta:ln, repair and rw=pl ace utility lines, as 9-'ClU:ted by Regis-Maxyva.le, Inc. 1:0 pnbHo Serv.:I.ce Carpmy of Colorado by :l.nsttunent xecxxrd:d DeceaILc.&. 18, 1989, in axk 458 at Page 267, said easen&:lt being DDre pa.rt:iaJ.larly desc:::r.ibed therein. 35. EaseJnent and right of way far: AQC':'99 ~::ses, as granted by Juan Ant:r:nLo PeJXk:uo 1:0 Almac Finarx::.i.a1 Cai.1JULaticn by instrunent reootUt:d July 7, 1994, at ~Ll.a1 N:>. 94007475, said easeoeut being nore part:lcul.arly desc:::r.ibed therein. 36. 'lbwn of F.raser Master Pa't:hey Plan reoardal April 11, 1995, at RecepLlal. N). 95002711. ~. Calveyance AQx'et:aut::ut as eviderx:ed by ll9Siga.aut:=ut .And Assl.upticn of Ccnveyance ~lt :r:EC04dt:d April 6, 1994, at Reoepticn N:>. 94003903. 38. Augnentaticn Plan as eviderx:ed byllC>9i9'Al_lt And Assl.upticn of Augnehlaticn Plan xecxxrd:d April. 6, 1994, at RecepUal N:>. 94003905. 39. k\<")ess and Annexat:l.al AgLet:slleht by the Town of Winter Parle and Maxyvale UC :r:eoo.:Ut:d SepLeaIbt:=r 5, 1996, at ~Ucn No. 96007616. 40. EaseIllent Deed frail Maxyvale u.c 1:0 Town of Fraser reoamed !b,eakb::... 25, 1996, at Reoepticn N:>. 96010400. 41. Reso1utial. Nos. 3-1-97 and 3-2-97 by the Town of Fraser Plann:Lng Carrnissial :recotUed March 2:l, 1997, at Rec:epUal N:>. 97002391 am Reoeptial N:>. 97002392. (Ccntinued ) }o.~r AMERICAN TITLE DioSUIWCE CXMPANY .-.... - -- ~-. - - . . ~1'~~ (CXID~nI-') . Order}lb.. 117338 -C 42. Easement ard right of way far ocnst:ructing, re-a:rst::ructJ, a1 taring,. extending, qBra~, 1nspect:lng, repa.:lring, maintaining am re~ an e.1.ectr1c line or system, as granted by Ma:t:yvale, UC to M:11ntain Parlcs Electric, Irx::. by inst:I:uIEnt :recw:\bl August 4, 1997, at ~licn No. 97006496 and Aeoepticn No. 97006497. 43. Easemeut of ~ wi ty for the purpose of ~ = :~ ard EJ9.'e.:.a for the "ChIroh Parcel" . . . - . .- ...- .. .-.... .. .. ... 0- _. 'w, -0. .. -. .. ." .- .t.. .. . . .. H M. .. .. . . . -. ... .. "01: .. - ....- _. .- . _....-. . ~-+ . .. ..-....- - F'~--r AMmI~ TITLE ll&JIWa CXlvJPANY' .. - "_ '30_ '.. .. _ r - '-- ----".- --- . , . . DISCLOSURE STATEMENT REQUIRED BY COLORADO REVISED STATUTES ~1 0-11-122 Colorado Revised Statutes ~1 0-11-122 requires that "every title insurance agent or title insurance company shall provide, along with each title commitment issued, a statement disclosing the following information: (a) That the subject real property may be located in a special taxing district; (b) That a certificate of taxes due listing each taxing jurisdiction may be obtained from the county treasurer or the county treasurer's authorized agent; (c) That information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder or the County Assessor," . . . 4toTICE TO PROSPECTIVE BUY'S OF SINGLE FAMILY RESIDENCES (PURSUANT TO INSURANCE REGULATION 89-2) I I A. "GAP" PROTECTION I I When First American Title Insurance Company or its authorized agent, (hereinafter referred to as "Com- pany"), is responsible for recording or filing the legal documents creating the estate or interest to be insured in a single family residence and for disbursing funds necessary to complete the transaction, the Company shall be responsible for any deeds, mortgages, lis-pendens, liens or other tlUe encumbrances which first appear in I the public records subsequent to the Effective Date of the Commitment but prior to the Effective Date of the Policy, provided the following conditions are satisfied prior to the Company's disbursement of the funds: I 1, Properly executed documents creating the estate or interest are in the possession of the Company, I 2. A fully executed Affidavit and Indemnity form signed by the seller and satisfactory to the Com- I pany is In the possession of the Company, ! No Coverage will be afforded against deeds, mortgages, lis-pendens, liens or other title encumbrances ac- tually known to the proposed insured prior to or at the time of recordation of the documents. I Public Records as used herein means those records established under state statutes for the purpose of I imparting constructive notice of deeds, mortgages, lis-pendens. liens or other title encumbrances to purchasers for I value and without knOwledge. B. MECHANICS' LIEN PROTECTION I If you are a buyer of a single family residence, you may request coverage against loss because of unrecorded claims asserted by construction, labor or material suppliers against your home, I If no construction, improvements or major repairs have been undertaken on the property to be purchased i I within six rnontha prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will be payment of the appropriate premium and the execution by the seller of an Affidavit and Indemnity form satisfactory to the Company, If there have been construction, improvements or major repairs undertaken on the property to be pur- I chased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the I builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity Agreements satis- i factory to the Company; and, any additional requirements as may be necessary after an examination of the I aforesaid information by the Company, I No coverage will be given under any circumstances for labor or material for which you have contracted or agreed to pay, I I NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBUGATE THE COMPANY TO PROVIDE ANY i I OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY I SATISFIED. I I C-3 (Commitment Notice) i Colorado I i ýÿ I V I L L A G E MASTER PLANNED DEVELOPMENT . PLANNED DEVELOPMENT DISTRICT (PDD) APPLICA TION Submitted by Maryvale, LLC December 1997 Revised March 1998 TABLE OF CONTENTS No. Page I. EXECUTIVE SUMMARY . , , . , , , , , , , , , , , , . , , , , , , , , , , , , . , , , , , , , . , , , , , , , , , , , , . , , " I II. SITE LOCATION A, Regional Context, . , , , , , , , , , , , . , , , , , , , . , , , , , , . , , , , . . . . , , , , . , . . , . , , . , . , . . , , , . . ., 2 . B, Setting ",."..,.""""",."""",.""""""""".",."",..,.",." 3 C. Surrounding Land Uses , , . , . . , . , , . , , , , , . . , , , , , . , , , , , . . . , , , , . , , . . , , , , . . , , , , . . , , " 3 III. SITE DESCRIPTION A. Topography.",......"""""".""..."."",..,.""",..",."",."", 4 B. Vegetation ,.,.,..,...."',.,."""."""""",...".""",."",."."", 4 IV. PROJECT DESCRIPTION A, Development Plan . , , . , . , , . , , , , , , , . , , . , , . , . . , . , , , , , , . . . , . , , , , , . , , , , , . . , , , , . . , '. 5 B, Residential Component "",.".""."""."""""""",."""""",.,.., 6 C, Village Center ,.""",..""',."'".""""""".".",.,..."""",."., 7 D, Other Commercial/Office .,""'"'",.""",."""..""""".""""..",, 7 E. Planning Area Descriptions , , , , , , , , . , , , . , , , , , , , , , , , , , . , , , . , . , , , . . , , , , , . , , , . , . . , .. 8 F, Circulation ,......,.",."""",..",.."".,.""."..."",..""."..,... 13 . G. Traffic """",...,."".""",.",.,."""",..""""..""",.,.",.. 14 H. Water, Sewer and Drainage ',."'"""""",.""""."",."""."...",,. 14 I. Major Recreation/Open Space ."""".".""" ~ , , , . . . , , . , , . . , , , , . , , , , , , , , , . ,. 14 J. Phasing ",.,.,..,.",."""""",'.'".",.""""""."""."""".,. 15 V. DESIGN GUIDELINES A. Architectural Guidelines , . , , . , , , , , , . , . , , . , , , , , , , , . , , , , , , , , , . . , , , , , , , , , , . . , , , , ,. 16 B, Hillside Design Guidelines , , , , , . , , , , , , , , , , , , , , , , , . , , , . , . , , , , , , , . . , , , , , , . , , , , . ,. 17 C, Commercial Landscape Guidelines ,.".."."".,.""",."..,.....,."..,.,.,. 18 ýÿ Page VI. MARKET ANALYSIS ."',.,.""""",."""."""""",.""""",..,.. 19 VII. RELATIONSHIP TO THE FRASER COMPREHENSIVE PLAN UPDATE A. Environmental Quality ,.,.,."",.""""".".",.,."".",."""..,."... 20 B. Residential Land Use .,."',.""",."",.""",..""".""""..".,.".. 21 . C, Commercial Land Use ',..",.."',.".,.,."".".,..,.".,.""""".",." 21 D. Parks, Recreation and Open Space, , . , , , . , , , , , , , , , , , , . , . . , , , . . , . , , , , , , , , , , , , , . . ,. 22 E. Utilities, Public Services and Facilities .,""",.",.",..",.""""""..,.,... 22 F. Public Transit .."."..""'",.."",...""",.,.,..",."."",.,."",..,. 22 G. Regional Road Network "",.,',.,'""..",.".,.""",.,.""""."..,.", 23 H. Bicycle and Pedestrian Trails ',.,.""',."""".""."""",."""",..".. 23 I. Community Appearance, Image and Design """""",.,.""""."".",.,.,.. 24 VIII. IMPLEMENTATION A. Proposed Zoning . . . , , . , , , , , , , , , , . , , , . , , , , , , . , , , , , , , , , , , , , , , , , , , , , . , , , , . , , , . '. 25 B. Density/Square Footage Transfer Mechanism """.,.",..,.""""",.""",.,. 25 C. Building Heights ',."""""",."""",."".",.""",..".""",.".., 26 D. Open Space."., .., ".""", . .. . . ,." ., .., ..,."... .,.",.,."" "". ., ., .. 26 E. Special Setbacks ...,..,..""",."""".,.""".",.".",.""""..,.,.. 26 . F. Definitions ,.."',..."',.""""""""",."".,."."."""."""",.. 27 APPENDICES IX. A. Zoning Application , , , . , , , , , , , , , , , , , , , . . , , , , , , , . , , , , . . , , , , , , . . , , , . , , , , , , , . , , ,. 32 ýÿ X. EXHIBITS Exhibit A - Preliminary Development District Plan; Recreation and Open Space; General Land Use; Primary Circulation; and Development Plan Statistical Summary Exhibit B - Phasing Plan Exhibit C - Generalized Grading Plan . Exhibit D - Traffic Impact Analysis Exhibit E - Master Plan Study for Water, Sewer, and Drainage Services Exhibit F - Applicant's Written Statement Exhibit G - Title Commitment Exhibit H - Adjoining Property Owners Exhibit I - Market Study Exhibit J - Percolation Test Results for Planning Areas IE, 2E, 3E, 5E, 6E, and 8E Exhibit K - Water Well Analysis for Planning Areas IE, 2E, 3E, 5E, 6E, and 8E Exhibit L - Utility Letters Exhibit M - Soils Reports . . . EXECUTIVE SUMMARY ýÿ I. EXECUTIVE SUMMARY The overall goal of the master planned development of Maryvale Village envisions the gradual achievement of a comprehensive, year-round resort and permanent resident community, The development plan includes a wide range of residential units, within identifiable neighborhoods for both full and part-time . residents, Designed as a series of neighborhoods, each development relates to the unique landforms and encourages compatible and attractive developments. . The plan incorporates a variety of economic activities, such as a Village CenterlHotel complex, office and service commercial uses, which will provide employment opportunities for area residents as well as high quality tourist activities, facilities and services for visitors. A significant portion of the site will be devoted to recreation/open space uses, such as an I8-hole golf course, permanent open space, hikinglbiking trails and recreation facilities associated with lodging and support facilities for the community, . The following document is a supplement to the General Plan Amendment and may also be referred to as the PDD Plan, This is a zoning application to the Town of Fraser, which describes the conditions and intent of the plan for the overall development of. Maryvale Village. Each Planning Area is more specifically described herein. 1 ýÿ . . SITE LOCATION -~------ ~.."""""'.'..""'-..< ýÿ II. SITE LOCATION A. REGIONAL CONTEXT The 946-acre Maryvale Village site is located directly adjacent to The Grand County location is the site of one of the largest ski the developed portions of Fraser and immediately north of the Town mountains in the United States; the mountain complex is more than of Winter Park, Colorado. The site is situated approximately 90 50% developed and has been, for a significant time, the focus of a miles west of Denver, conveniently accessed from the intersection day ski and limited destination facility. . of Interstate 70 and US Highway 40; less than a two-hour drive from Denver International Airport. The project description section of this report elaborates on the transition of this area to a preponderant destination status with The master planned village core of Maryvale Village is located expanded year-round accommodations and features. adjacent to the current downtown Winter Park "core area" and in the center of new development activity, taking place in both Winter Park and Fraser, . to 2 N.T.S. ýÿ B. SETTING The Maryvale Village site is set within a large open meadow valley with gently rolling terrain to the west and moderate to steep forested hillsides to the north and east. The Fraser River flows in a northwesterly direction along the eastern edge of the meadow area, while US Highway 40 divides the site in the same direction, The Union Pacific Railroad maintains a . rail line that winds along the gently rolling hills bisecting the site on the west. C. SURROUNDING LAND USES The site is bounded on the north by the Winter Park Ranch and the Town of Fraser; the Town of Winter Park to the south; the Denver Water Board properties and a private ranch to the west and southwest; and the Urban family property and Forest Service lands to the east. Winter Park Ranch consists of both single and multi-family residential properties, Land uses immediately to the north in the . Town of Fraser consist of commercial, planned commercial and multi-family. Adjacent land uses in the Town of Winter Park to the south consist of commercial, single and multi-family residential. The Denver Water Board owns property to the west of Maryvale Village and the National Forest Service manages land to the east of the site. There is also a large private ranch to the west of the property that currently remains forest land, 3 TOWN OF FRASER WINTER PARK WEST / WINTER PARK RANCH URBAN MEDIUM MEDIUM HIGH DENSITY DEVELOPMENT DENSITY RESORT!RECREATION I I THOMAS URBAN I I -------- -----, . I I I I , I 1 1 MAR1VALE I I 1 ----- ---. I I /ARAPAHO NA TIONAL I FOREST I I I I I I I PRI ATE RA CH ---- -------- I I 1 , I I . IDLE WILD SKI AREA , MAR'YVALE TOWN OF I I I , , --~~m:__ I , 1 J____L_nJ DENVER WATER BOARD MARYV ALE GRAPHIC SCALE SURROUNDING LAND USES 0' 600' 1200' 2400' I . I I SCALE: 1" = 1200' ýÿ . . SITE DESCRIPTION ,~.-_~.'c~_.=.~_.~.-~~R . '~~.;'~"~_~ -.,-~'_u,._".._",","'.__-..,,,,"...,,,,,,", -~""''''''_''-.',''''''.,''- "d"~'="""",-",.'""",-",,,,_~ . '_ '"' . - --- -- ----------------.._----.-- '.-"- ".....--.__.._------_._._-.--~-- --~-,--_. ýÿ III. SITE DESCRIPTION A. TOPOGRAPHY B. VEGETATION The 946-acre site is characterized by a large open meadow area and The eastern half of the property is characterized by coniferous tree covered land ranging from gently rolling to steep hillsides, The woodlands, with these woodlands sparsely scattered on the west side topography of the site varies approximately 560:1: feet from the of the property, The majority of the western portion of the site highest elevation at approximately 9,176 feet MSL in the eastern consists of open grassland, pasture areas with coniferous woodlands . portion of the site to a low of approximately 8,616 feet MSL at the to the west. Wetland areas are found along some irrigation ditches, northwestern corner of the property. in a few pasture areas and adjacent to, and in conjunction with, the Fraser River, The moderate to steep slopes on the property rise above the meadow area on the east side of the Fraser River, Primary tree lines are identified on the entire mapping shown as part of the POD application. The more gently roIling hills are located in the northeast and eastern . portions of Maryvale Village, Fraser River, bordering the eastern edge of the meadow area, is the major drainage course of the site, flowing in a northwesterly direction, Two-foot contour intervals are shown on the west side of US Highway 40 and ten-foot contour intervals are shown on the east side. This topographic information underlies all of the mapping . information as provided in the Planned Development District (PDD) application. 4 ýÿ . e PROJECT DESCRIPTION ýÿ IV. PROJECT DESCRIPTION A. DEVELOPMENT PLAN The overall goal of the development plan for Maryvale Village property defines the southern most boundary of the Town of envisions a complete, year-round resort and permanent resident Fraser and is adjacent to the northern boundary of the Town of community. This proposed community anticipates the gradual Winter Park. The land area included in the original PDO has development of year-round uses, including a Village CenterlHotel been expanded to include approximately 234 acres acquired from . complex, office and service commercial uses, community the Denver Water Board and located adjacent to the southwest residential, resort residential, and accommodations, featuring an 18- comer of the original property, as well as the acquisition of a 70 hole golf course. acre parcel west of US Highway 40, and contiguous to the The master plan complements the natural topography by proposing original PDD. In addition, approximately 50 acres of the original PDD, located in the northeast comer, has been sold to an outside curvilinear street patterns that are designed to stimulate clustering party to allow them to expand their family property holding. In within each land use area, thus creating individual villages, the northwest comer of the original PDD, 3,6 acres have been Clustering encourages environmental protection and enhancement, optioned to the Town of Fraser and approximately 5 acres have sound road and utility design, efficient site development and usable been transferred to St. Bernard's Church, open space, Approximately 2,755 residential units and 1,408 accommodation The new PDD has been laid out to take advantage of the units are planned for Maryvale Village, with many of these units additional properties by reducing the impacts to stream corridors, taking advantage of the overall valley and golf course view wetland areas and steep hillsides. The new plan places all of the . orientation, golf course development on the west side of US Highway 40, removing development from the Fraser River riparian corridor. A substantial portion of the site will be devoted to recreation/open. In addition, the new plan organizes development to minimize space uses which are planned to include an 18-hole golf course, impacts to wetland areas. Existing wetlands have been integrated Linear Park and Fraser River Trail, south and west facing slopes, the into stream buffers, golf course open space and preservation river and wetland areas, water retention areas, hiking/biking trails, areas. Residential development has been moved off the steeper recreational facilities associated with lodging, and support facilities hillsides and placed on gentler side slopes and the flatter portions for recreation and ski activities, of the property, The area represented in the new Maryvale Village PDD includes See the PDD Plan attached as Exhibit Ato this Maryvale Village approximately 946 acres bisected by US Highway 40, The PDD application. S B. RESIDENTIAL COMPONENT The intensity of the development has been dramatically reduced The Fraser Valley Parkway reduces the dependency on US from approximately 5,500 residential units on 700 acres in the Highway 40, The plan provides for a comprehensive approach to original PDD to approximately 2,755 residential units on 946 transportation and includes a series of primary connections to the acres in the new PDO. In addition, the character of the rest of Fraser and the adjacent community of Winter Park, as well development types has been changed dramatically in the new as an interior system of roadways which provide access to each PDO. While the original plan contemplated the vast majority of neighborhood. The plan identifies a route for the Fraser Valley . units to be second home transient in nature, the new PDD Parkway that provides a north - south link through the contemplates a broad range of land uses oriented toward the community. The plan also provides for an east-west linkage from development of a series of neighborhoods that will consist of a US Highway 40 toward properties to the west. blend of residential uses including affordable/attainable housing, single family neighborhoods, townhome and multi-family The new POD is designed to support the existing comprehensive development as well as a series of accommodation uses, In community plan and regional growth management study in a addition, the PDD calls for a series of mixed use areas that will number of ways, First, the plan supports infill strategies by helping combine commercial, residential and accommodation uses to complete the community between the Town of Fraser and the resulting in more diversity and richer pedestrian spaces. Town of Winter Park, This approach minimizes transportation and utility impacts and provides for a variety of land uses within the Planning Area 3W is designated for future Town of Fraser use or community as opposed to sprawl. Second, the mix of uses proposed affordable/attainable housing, at the discretion of the Town, in the POD are oriented toward the broad range of land uses described in the comprehensive community plan. The proposed Open space uses have increased by approximately 186 acres in the POD provides a mix of uses integrated in a fashion that supports . new POD Plan. The open space system includes pedestrian and future community needs and minimizes the impact to transportation bicycle trails, parks, a golf course and a series of undeveloped, systems and sensitive environmental features, passive recreation uses. The,open space system is intended to be integrated with other town park and trail systems and is described in more detail in the following section of the written documents, 6 ~- ýÿ C. VILLAGE CENTER D. OTHER COMMERCIAL/OFFICE The focal point of the community is the Village Center, Planning Other commercial/office uses, visitor-oriented service. and support Areas I Wand 4W, conveniently located adjacent to US Highway commercial uses will characterize Planning Areas 12E, 13E. and 40 in the southern portion of the project site, The Village Center is 14E, These Planning Areas are located on the east side of US planned to include retail convenience facilities, hotels, golf shop and Highway 40 at Cozens Ranch Road and contain 3. 5. and 6 acres. clubhouse, restaurants, meeting facilities, a possible outdoor ice respectively, Commercial/office uses will be allowed in each skating rink, support service facilities and other transient user Planning Area. . activities, along with the provision of affordable/attainable housing, Planning Areas 12E, 13E, and 14E will be site planned to avoid a The hotels are planned to provide rooms that are intended to be "strip commercial" appearance through design standards. such as used, rented or hired out as temporary or overnight accommodations offsetting of buildings and landscape buffering. in conjunction with recreation, conference or resort uses, The commercial/office service facilities are situated for optimum In addition to the hotels, up to 360,000 square feet will be associated US Highway 40 exposure, complementing the Village Center uses, with mixed uses including retail commercial, professional offices, while reinforcing the commercial area as the focal point and restaurants, theatres, and support services. operation center of the community. The plan for Planning Area I W, north of Village Center Drive, is an open space component oriented toward plazas, pedestrian walkways, boardwalks and recreation facilities, An active recreation component is planned for within or adjacent to hotels and . may include such pay-and-play facilities as racquetball, handball, tennis, bowling, skating, and pool and gym activities, There is also the possibility of a housing component included in this Area. The plan for Planning Area I W, south of Village Center Drive, is more traditional retail and professional office with the possibility of a housing component. 7 . e PLANNING AREA DESCRIPTIONS .~.-'~'~- ----.,.-...-- .>.~ - '"-,; -_._--'-_..._-~- --""-----_._- ýÿ E. PLANNING AREA DESCRIPTIONS The following are brief descriptions of the proposed development PLANNING AREA 4E character of individual planning areas in Maryvale Village, These. descriptions are provided to reveal the general design intent of each Planning Area 4E consists of approximately 147 acres that is area and the possible product or building types to be developed, designated as open space and will be dedicated to the Town of Fraser per the terms of the Annexation Agreement. In Planning Areas that are all residential, all structures shall adhere . to the following setbacks: 20 feet in the front, 10 feet in the rear, and 7 feet in the side. Planning Areas 7Wb and 7Wc are exempt PLANNING AREA 7E from these setback requirements as clustering will be utilized in these Planning Areas. Variances from these setbacks may be Planning Area 7E has been planned to accommodate approximately requested by the developer at Final Planned Development Plan 56 single-family residential units, averaging a little less than 2 units (FPDP) submittal. per acre on this 3 I-acre parcel. In addition, Planning Area 7E may include a small lodging facility with up to 60 lodging units. This EASTERN PLANNING AREAS Area includes the potential for a future roadway connection to the Town of Winter Park. The maximum building height allowed in Equestrian and cross-country ski trails will be an allowable use in this Planning Area is 35 feet. all eastern Planning Areas, PLANNING AREAS IE. 2E. 3E. 5E. 6E. 8E PLANNING AREA 9E . These Planning Areas will be developed as single family residential Planning Area 9E consists of approximately 20 acres and is planned units with the lowest average density in the Maryvale Village for higher density townhomes and/or condominiums. The Area is development, excepting Planning Area 12W, The Planning Areas gently sloping to the west and includes woodland cover that will are expected to have an average gross density of approximately .36 help to minimize visual impacts when development is viewed from units per acre. Combined, the Planning Areas equal approximately US Highway 40, It includes views to the Fraser River and is 200 acres and are expected to include up to 71 units at build out. surrounded by wooded hillsides to the north and east. A public Units are expected to be single family homes utilizing well and park, at a minimum of one-half acre in size, will be required to be septic systems in a large lot development format. The maximum developed in this Planning Area. Zero lot lines will be allowed in building height allowed in these Planning Areas is 35 feet. As an this Planning Area. The maximum building height allowed in this alternative, if well and septic is not feasible, density will be Planning Area is 45 feet. increased to 61 6 total units in these Planning Areas to allow for the distribution of a municipal water and sewer system. 8 PLANNING AREA HE WESTERN PARCELS This Planning Area is approximately 10 acres in size and is planned for up to 144 units. The proposed development is similar to the uses PLANNING AREA lW proposed in Planning Area 9E and is likely to include condominiums Planning Area 1 W - The Village Center is described in more detail and/or townhomes, The Area has good access to US Highway 40 and attractive views to the Fraser River. A Fraser River Trailhead parking in the previous section. This area is approximately 33 acres in size area will be developed for 8 vehicles in this Planning Area, The and is expected to include up to 450 residential units, 600 lodging Cozens cemetery will be protected by dedicating it to an appropriate units and/or 300,000 square feet of retail space. The area is . local agency for management and maintenance, Zero lot lines will be expected to include multi-story buildings developed in a dense, allowed in this Planning Area, The maximum building height active, village orientation with a mix of uses often included in allowed in this Planning Area is 45 feet. individual structures. 20% of any residential units constructed in this Planning Area will be required to be affordable/attainable PLANNING AREA 12E. 13E. 14E housing, Zero lot lines will be allowed in this Planning Area. The maximum building height allowed in this Planning Area is 75 feet These Planning Areas are adjacent to US Highway 40 and are for hotels/lodging and 50 feet for all other uses, A special building setback along US Highway 40 has been designated as 75 feet. In proposed for a variety of mixed uses, which may include residential, this Planning Area, no building over 50 feet in height will be commercial and/or lodging development. Planning Areas 12E and allowed within 100 feet of the US Highway 40 right-of-way. 14E will require access off US Highway 40, while Area I3E may have limited access on US Highway 40, These Areas are intended for higher density residential development, small hotels (Planning PLANNING AREA 2W Area 14E excluded) and/or restaurant, office or retail development, . "Strip commercial" appearance shall be avoided in these Planning This Planning Area consists of approximately 8 acres and is Areas by utilizing design standards such as offsetting buildings and proposed for 144 residential units. All residential units built in this providing landscape buffers, Zero lot lines will be allowed ,in th~s Area will be affordable/attainable housing units located in a wooded Planning Area. The maximum building height allowed In thIS setting, with close proximity to the Village Center. Zero lot lines Planning Area is 35 feet. A special building setback along US will be allowed in this Planning Area. The maximum building Highway 40 has been designated as 75 feet. height allowed in this Planning Area is 45 feet. 9 ýÿ PLANNING AREA 3W PLANNING AREA 5W Planning Area 3W is approximately one acre and is being reserved Planning Area 5W is approximately 20 acres in size and is proposed for dedication to the Town of Fraser for public use. Alternatively, to include up to 419 townhome and condominium units as weII as at the discretion of the Town, this Planning Area would remain in a lodge of up to 60 units, The Area has attractive views to the north the ownership of the applicant, or its successor, and be developed as and east looking over the golf course toward the hillsides on the far affordable/attainable residential townhomes, condominiums or side of US Highway 40. Development in this area is expected to be apartments. Zero lot lines will be alIowed in this Planning Area, tightly clustered and consisting of multi-family product. A public . The maximum building height allowed in this Planning Area is 35 park, at a minimum of one-half acre in size. will be required to be feet. developed in this Planning Area, Zero lot lines will be allowed in this Planning Area, The maximum building height allowed in this Planning Area is 45 feet. PLANNING AREA 4W Planning Area 4W is an area of approximately 14 acres, PLANNING AREA 6W immediately adjacent to the golf course, This Area is expected to include the Clubhouse integrated into a hotel of up to 400 units, 100 This Planning Area has been reserved for the maintenance facility residential units including town homes and condominiums and associated with the golf course. It will include the maintenance 60,000 square feet of commercial space, This Area is expected to building, parking for employees and a storage yard. This Area be of mixed use with an orientation that alIows for pedestrians to offers an opportunity for portions of the building to be benched into move freely from use to use. A reasonable landscape buffer will be the topography minimizing the visual impact from a distance. The developed at the northeast comer of the Planning Area to help maximum building height allowed in this Planning Area is 35 feet. minimize the visual impact of the development from US Highway . 40. Zero lot lines will be allowed in this Planning Area, The PLANNING AREA 7Wa maximum building height alIowed in this Planning Area is 50 feet. A special building setback along US Highway 40 has been This Planning Area is approximately ]] acres in size and planned designated as 75 feet. No building over 35 feet in height will be for up to ] 80 town home and condominium units as weII as a lodge allowed between 75 feet and 200 feet from the US Highway 40 of up to 60 units. The majority of this property is behind the right-of-way, treeline allowing the development to be substantialIy screened when viewed from US Highway 40. Although the lots may extend beyond the treeline area, most structures will be located behind the primary tree line as shown on the parcel. Zero lot lines will be alIowed in this Planning Area. The maximum building height allowed in this Planning Area is 45 feet. 10 PLANNING AREA 7Wb PLANNING AREA 9W Planning Area 7Wb consists of approximately 8 acres and is Planning Area 9W is approximately 12 acres in size and planned for planned for up to 16 units, It is intended to be developed as a up to 130 townhome and condominium units. The parcel includes transitional product with clusters of single family development with a large flat bench on top with a series of sloping ridges that will views of the golf course and to the hillsides across US Highway 40, allow units to be built into the slope and stairstepped down the Single family homes will be developed in pods allowing views of hillside. Zero lot lines will be allowed in this Planning Area. The the trees behind these parcels to break up the mass of the maximum building height allowed in this Planning Area is 35 feet. . architecture. The maximum building height allowed in this Planning Area is 35 feet. PLANNING AREA lOW PLANNING AREA 7Wc Planning Area lOW is approximately 10 acres in size and is proposed for 144 units, which may include a mix of single family, Planning Area 7Wc consists of approximately 9 acres and is planned townhomes, condominiums and apartment units. While the majority for up to 17 units. It is intended to be developed as a transitional of the development will be oriented toward the golf course and open product with clusters of single family development with views of meadow, higher density development will be utilized to buffer the the golf course and to the hillsides across US Highway 40, Single railroad tracks. The maximum building height allowed in this family homes will be developed in pods allowing views of the trees Planning Area is 35 feet. behind these parcels to break up the mass of the architecture, The maximum building height allowed in this Planning Area is 35 feet. PLANNING AREA llW . PLANNING AREA 8W Planning Area 11 W contains approximately 82 acres, It is intended to consist of up to 171 single-family homes planned at This Planning Area is approximately 4 acres in size and is planned approximately 2-2,5 units per acre. The majority of lots will have for up to 81 units. The Area is likely to include condominiums, attractive golf course orientations with a number including distant townhomes and/or apartment uses, Buildings will be oriented to views to the northeast. A series of flag lots will be developed look over the golf course and park, while minimizing the negative between holes 16 and 17 in order to minimize the impacts views to the northeast, toward the rear of the commercial associated with roadway construction. Future roadway connection development. Zero lot lines will be allowed in this Planning Area, points to the west have been identified within this parcel. The The maximum building height allowed in this Planning Area is 35 maximum building height allowed in this Planning Area is 35 feet. feet. 11 ýÿ PLANNING AREA 12W Planning Area I2W consists of approximately 44 acres including a The golf course will be accessed from the intersection of US high plateau. It will be developed as single family residential units Highway 40 and parcel 4 Wand will include a parking facility and with an average gross density of approximately .45 units per acre or Clubhouse located within Parcel 4W close to Hole No.1. The a maximum of 20 units, Units are expected to be single family Clubhouse facility is expected initially to consist of approximately homes utilizing well and septic systems in a large lot development 5,000 - 8,000 square feet of space oriented toward the Pro-Shop, format. As an alternative, if well and septic is not feasible, density restaurant, snack shop and a series of offices. Over time. the facility . wi II be increased to 47 total units to allow for the distribution of a may be expanded to a size of up to 30,000 square feet including municipal water and sewer system. This Area will include a looped banquet rooms, a full restaurant, men's and women's locker rooms, roadway system climbing a series of steep slopes and allows for a workout gyms, daycare, lounges and additional storage facilities. future roadway connection to the north. The maximum building height allowed in this Planning Area is 35 feet. The golf course will be developed per the criteria as set forth in the Audubon Signature Status Program for Golf Courses. This will PLANNING AREA 13W assure an environmental and wildlife sensitive golf course. Planning Area 13W contains approximately 170 acres, It is intended to consist of an I8-hole golf course and will be subject to the criteria as set forth in the Audubon Signature Status Program for Golf Courses. It is interlaced throughout the planning areas on the west side of US Highway 40, and includes an associated clubhouse facility (clubhouse to be located on Parcel 4W), The golf course helps to preserve the large meadow area open space experience and . will incorporate a series of mounds and native plantings designed to minimize the visual impact of the golf course along US Highway 40, The back nine of the golf course climbs through the wooded area south and west of the railroad tracks, The golf course will be developed so that this portion of the project is developed in a cut area, providing fill to be placed on top of the cobble areas in the meadow. Cross-country ski trails will be an allowable use in this Planning Area. The residents of the Town of Fraser will be allowed to use the golf course, at market rates, and subject to all rules and regulations of the owner, even if the course is developed as a private facility. 12 ýÿ F. CIRCULATION The major access to Maryvale VilJage is provided by US Highway The Fraser Valley Parkway is proposed to be located on the east 40, which bisects the community in a northwesterly direction as it side of the Union Pacific Railroad right-of-way with its roadway runs from Winter Park to Fraser, The circulation system for the sections on the Maryvale Village property, This road will provide community is based upon a public collector that provides access to access to the Planning Areas in the northwest comer of the various planning areas of the project (see Primary Circulation community, residential enclaves adjacent to the golf course and the System on Page 2 of the POD plan attached as Exhibit A to this Village Center as it connects with US Highway 40 to the south. The . Maryvale Village POD application). extension of Lion's Gate Road, in Winter Park, will connect with Fraser Valley Parkway at a point directly south of the Village A key secondary route is Cozens Ranch Road and Maryvale Village Center, Drive providing access from the hillside residential areas in the east, through the Village Center business core and residential areas to the west. Eventually, a grade-separated crossing will occur on Maryvale Village Drive. Cozens Ranch Road, an "east side" collector providing access to the hillside residential parcels, augments Maryvale Village Drive, In addition, per the request of the Town of Fraser, the PDD Plan anticipates a series of future connections to the Town of Winter Park and other adjacent developments in the future in order to promote an integrated road network within the community, While specific alignments are dependent upon other parties, the access . across parcels 1 E and 7E will be maintained until released by the appropriate Town officials, 13 G. TRAFFIC Leigh. Scott & Cleary, Inc. has prepared and submitted a Traffic Bike trails are intended to run parallel to the Fraser Valley Impact Analysis dated March 6, 1998. This Traffic Impact Parkway and along Village Center Drive and Maryvale Village Analysis is attached as Exhibit D to this Maryvale Village PDD Drive, east of the railroad, In addition. this bike trail will cross application, US Highway 40 and connect to the Fraser River Trail. Pedestrian trails wiII follow this same route and branch off the Fraser River Trail along open space areas. providing access for hiking and . H. WATER, SEWER AND DRAINAGE cross-country skiing on a wilderness trail system, P.R. Fletcher & Associates has developed and submitted a Master A series of open space/preservation areas have also been Plan Study for Water, Sewer and Drainage Services dated December proposed on the eastern portion of the property and include the 1997 and revised February 1998, The plan and corresponding Fraser River, adjacent riparian areas and visually sensitive and narrative is attached as Exhibit E to this Maryvale Village POD. steep hillside areas, In addition, a series of natural draws and Application. See also Percolation Test Results for Planning Areas connecting corridors allow a trail system to be developed on the IE, 2E, 3E, 5E, 6E, and 8E attached as Exhibit J and Water Well eastern portion of the property which connects to forest service Analysis for the same Planning Areas, attached as Exhibit K, land. This open space system also includes the Fraser River Trail and a trailhead parking area to be located in Planning Area 11 E. I. MAJOR RECREATION/OPEN SPACE The golf course and driving range facility is composed of The new PDD Plan includes an open space system that consists approximately 170 acres of open space located along portions of the meadow and in the treed areas in the southwest portion of the . of a series of trails, riparian and hillside preservation areas, a golf site. Approximately 5 holes are located on the meadow adjacent course, and a series of connections to adjacent parcels, The original PDO consisted of approximately 188 acres of open space to US Highway 40. The holes are positioned to minimize the (including the golf course) and the new PDD includes a total of visual impact from the highway and maintain the open look and feel of the area, Approximately 50% of this area will be planted 374 acres of open space (including the golf course), in native grasses organized in large expanses in order to maintain the visual integrity of the meadow, In addition to winding through the meadow, the golf course crosses and meanders along a series of wetland areas, No fencing or night lighting shall be constructed on the driving range. 14 ýÿ ~------ The open space system provides a framework for organizing the sewer system is constructed, then these Planning areas will be neighborhoods within the project and a series of interconnections developed in one of the later phases of the project. Also, if market to the surrounding community, In addition, open space has been or economic conditions change. phasing will most likely start in the located in an attempt to maintain key visual corridors as one northwest Planning Areas of Maryvale Village. moves along US Highway 40, See Recreation and Open Space on Page 2 of the PDD Plan It is important to recognize the fact that the variability of market and attached as Exhibit A to this Maryvale Village PDD application. economic conditions may alter the estimated sequence of individual . planning area development. J. PHASING See the Phasing Plan attached as Exhibit B to this Maryvale Village The phasing of development for Maryvale Village shall reflect PDn application. factors that influence project implementation and will include: . current and future trends in housing demand and absorption rates of market rate dwelling units; . development and timing of infrastructure and other improvements, and available financing mechanisms; . relationships between the phasing of development within Maryvale Village and implementation of the . community circulation system; Generally, phasing of development is proposed to initially involve the upper east side of the property, then move to the golf course, commercial, lodging, and residential uses adjacent to the golf course, Further phasing will be coordinated with the development of the roadway and infrastructure systems, Infrastructure improvements and policy conditions shall be successfully resolved prior to or concurrent with each increment of development on an as- needed basis, Ifwell and/or septic systems are not used in Planning Areas 1 E, 2E, 3E, 5E, 6E, and 8E, and a municipal water and/or 15 -- ýÿ . . DESIGN GUIDELINES ---- -- .~_.._-_.__.._---_._.._. ._~._-,--'.,.,.__._----- -- -------- v. DESIGN GUIDELINES The design guidelines are provided to promote a quality mountain . Roof flashing, rain gutters and downspouts, vents and other village project while establishing the overall physical framework for roof protrusions should be finished to match the adjacent the community, These guideline statements were created to express materials, colors and textures, "intent" rather than "absolutes" thereby allowing flexibility to provide other solutions that may fulfill the intended design, . Architectural screens or fences and accessory structures . should be compatible with the material, color and texture of the main building. A. ARCHITECTURAL GUIDELINES . The finish color of general wall areas should be natural earth tones; however, limited accent colors of compatible The following guidelines are intended to provide general guidance schemes may be used for trim, window areas. stairways, for the design of residential and commercial development in balconies, doors, etc, Maryvale Village. . Buildings along community edges should provide a variety . The architectural theme and building form should be in elevations with differing setbacks and varied orientation. reflective of a "mountain resort village" character and . Structures adjacent to the golf course should provide visual should blend with the natural environment. interest in the treatment of primary elevations including . Natural materials, such as wood, stone and masonry should varied setbacks, elevation variations, architectural features, be encouraged as building or accent material. etc. . Openings in buildings should be accented architecturally . . The "mountain resort village" theme should prevail in through indentation, framing and roof variations, graphics, signing, colors, street furniture, lighting and landscaping. . Commercial structures should accentuate and promote the . The architectural design of buildings should consider the "mountain resort village" character through the consistent site, relationship to other structures, scenic views and use of materials, colors and detailing. climatic orientation, . Unsightly, mechanical equipment should be screened from . Structures with long uninterrupted exterior walls should be street view and any residential areas, avoided. Walls should have varied forms to create shadows, . All service areas should be screened from major streets and providing relief that can "soften" the architecture, adjacent residential areas. 16 ýÿ ---- ------- . The character of commercial buildings should be . Architectural solutions such as terraced or downhill unit compatible and complementary to the residential designs should be encouraged to minimize the amount of neighborhoods. grading, . Commercial centers should be oriented to the pedestrian . Structures should be oriented to maximize view potential with seating areas, courtyards, plazas, landscaping, etc. from the site and minimize visual impacts when viewing the site from a distance, B. HILLSIDE DESIGN GUIDELINES . Development on slopes greater than 30% shall be . discouraged, This restriction should apply where the The following guidelines are intended to provide general design topography exceeds 30% for a lateral distance of greater criteria that will promote high quality hillside development within than 200 feet in that minor topographic variations do not the steeper portions of Maryvale Village, constitute major slope conditions, . Streets should be designed to follow the natural topography . The siting and design of residential/lodge structures should and sized based on the amount of anticipated use and ensure that they blend with the natural terrain in an attempt character of the neighborhood, as well as conform to road to minimize grading operations and avoid dominating the standards set forth by the Town of Fraser. landform as viewed from valley floors, . The height of a building is the vertical distance above a . Building siting should consider the preservation of privacy reference datum measured to the highest point of the and maximum utilization of open space, natural amenities, structure, The reference datum shall be selected by either grade differentials and slopes, of the following, whichever yields the greatest height of the . The clustering of residential units should be utilized to building: preserve existing landforms and sensitive resources. (1) The elevation of the highest adjoining sidewalk or . . Contour grading should be utilized to blend with natural ground surface within a ten (10) foot horizontal distance grades. Both blended and variable slopes (2:1, 3:1, and 4:1) of the exterior wall of the building when such sidewalk should be employed where possible to restore a natural or ground surface is not more than five (5) feet above appearance to the transition between open space and graded the lowest grade. areas. (2) An elevation five (5) feet higher than the lowest grade . Grading requirements for any slope should not exceed that when the sidewalk or ground surface described in Item of a 3: 1 slope, except for critical roadway conditions where (1) above is more than five (5) feet above the lowest other choices do not exist. grade. 17 ýÿ --- - -- --- -- -- . The height of a stepped or terraced building is the maximum . Existing trees should be preserved wherever possible. The height of any segment of the building, natural tree cover should be preserved within the setback . For every 25 vertical feet of exposed slope (cut or fill), a limits for roads and perimeters within the Village Center. suitable bench will be devised for plant material and range . A minimum of 15% of individual project site areas should in size from 4 to 1 0 feet in width, The precise dimension of be landscaped, the bench is to be a joint resolution between the Town of . The formal planting of trees should be incorporated in Fraser and the appropriate consultants, pedestrian plaza areas to define circulation patterns and . create areas of focus, C. COMMERCIAL LANDSCAPE GUIDELINES . All utility connections, storage and maintenance The following guidelines are intended to provide general landscape equipment should be screened from view through the design criteria for the various commercial areas in Maryvale combined use of fencing and landscaping. Village. . Street trees should carry the landscape concept through . The landscape theme and palette established for commercial the Village Center area to provide a sense of continuity. areas should be compatible with the "mountain resort . Landscaping for key intersections should be designed to village" character and blend with the existing natural tree and vegetative forms, add accent to the community and provide direction toward the major commercial activity areas, . Vegetation should be mass planted in key areas to emphasize project entries, define circulation patterns and . The horizontal form of any continuous walls or fences assist in unifying the overall community landscape should be softened by landscape planting. . character. . Monumentation, special textured paving, flowering . Where commercial areas abut open space (i.e. golf course, accents and shrubs and the use of specimen trees should linear park), building elevations should be softened with be incorporated to generate interest at entry points. vegetation of varying heights and textures to create interest . Vegetation indigenous to the area should be emphasized and variety, in the landscape concept. . All required setbacks, abutting a public right-of-way should be landscaped. . All planting should be adequately irrigated and maintained to ensure their viability, 18 -- -------..- ýÿ . . MARKET ANAL YSIS .........-..-,...,-~_.><>>---c,~___.._._ .-~.~. _~_._". -- --- ~---- - -- - ýÿ VI. MARKET ANALYSIS THK Associates, Inc, has prepared and submitted a Land Use Market Analysis dated May 22, ] 996 and revised August 22, 1996, Portions of this analysis are attached as Exhibit I to this Maryvale Village POD application, . . 19 . . RELATIONSHIP TO FRASER COMPREHENSIVE PLAN UPDATE ~.=-=~~ ""~="'~.' ~--'"~-~,~-_._.< - ---_._---~----'"-~-_. ._,----_.~_._._-- ---- - VII. RELATIONSHIP TO THE FRASER COMPREHENSIVE PLAN UPDATE The Fraser Comprehensive Plan Update of April 1986 addresses The golf course will be developed per the criteria as set forth in the recent development trends and issues within the Fraser Valley and Audubon Signature Status Program for Golf Courses to assure an East Grand County, The study presents growth projections that environmental and wildlife sensitive golf course. reveal tremendous increases in resident population, lodging and Clustering of residential development in key areas is another feature . commercial square footage demands in East Grand County, of of the plan that ensures the provision of adequate open space within which Fraser Valley is the major growth generator, Generally, the the developable portions ofthe community thus minimizing adverse objectives and policies (planning guidelines) of the 1981 Fraser environmental impacts. Community Plan are still appropriate, The plan update contains modifications and additional policy statements to the previous plan Additional environmental resource policies include statements that focus upon a "primary annexation area" in which Maryvale regarding Fraser's intent on improving flood plain performance Village is located, standards, implementing necessary regulations to maintain good air The Maryvale Village POD Plan is proposed to be consistent and quality, and the improving of regulations for implementing an adequate storm water drainage system. The intent of the Maryvale compatible with the long-range comprehensive plan. The following Village POD is to comply with the various standards and regulations is a brief discussion of the relationship of Maryvale's plan to the set forth, or to be established, that relate to flood plains, air quality goals and objectives of the comprehensive plan update. and drainage, For example, the majority of residential areas will be restricted to gas burning fireplaces in an attempt to minimize air A. ENVIRONMENTAL QUALITY quality impacts, . The Maryvale Village POD Plan seeks to preserve unique and sensitive natural areas through the extensive use of open space for recreation and resource preservation, The open space program for the community includes an 18-hole golf course located in the large open meadow in the western half of the property, and in the woodlands west of the railroad tracks, The golf course was moved from the river corridor (as originally planned) to minimize the impacts to wetland and riparian areas, A major Linear Park along the Fraser River is provided to preserve and protect this key drainage course, 20 ýÿ B. RESIDENTIAL LAND USE C. COMMERCIAL LAND USE Maryvale Village responds to long-range goals for residential Commercial land use policies, as presented in the comprehensive development by providing a variety of housing types within plan update, relate to the location of tourist commercial identifiable neighborhoods for both full and part-time residents, development, pedestrian activity orientation, and access and public Designed in separate residential neighborhoods, each development transit. The Maryvale Village Plan proposes a "Village Center" and relates to the unique landforms and encourages compatible and supporting commercial activities to be located at the planned major attractive development types. intersection of US Highway 40 and Maryvale Village Drive. The . proposed Village Center incorporates pedestrian plaza areas Neighborhood development strategies have been modified surrounding hotel and mixed uses to provide maximum on-site significantly in the new plan in an attempt to broaden the variety of pedestrian activity. Access from US Highway 40 to the commercial housing types developed and ensure more permanent housing areas is limited as intersecting collector roads are provided which opportunities within the community. In fact, a number of Planning will also facilitate the use of public transit connections to and from Areas have been designated to provide affordable/attainable the area, Service commercial uses are proposed to the south of the housing, Village Center and adjacent to US Highway 40, which is consistent with plan policy, Additionally, commercial landscape guidelines An additional plan policy relates to tourist residential areas are contained herein to assure the adequate provision and design of regarding the need for careful design in promoting a positive landscaping for commercial developments. architectural and environmentally sensitive image for a unique visitor experience, To ensure the appropriate design of these areas, architectural and design guidelines are provided to promote and maintain the "mountain village" character, . 21 D. PARKS, RECREATION AND OPEN SPACE F. PUBLIC TRANSIT The proposed Maryvale Village has tremendous potential to be The comprehensive plan update includes revised policies stating the developed as a year-round destination community, which provides desire for utilizing a variety of public transit modes connecting a variety of recreational opportunities (see Section IV. H - Major activity centers in the valley and that newly developed centers serve Recreation/Open Space). The development plan is intended to as inter-connections and/or staging areas. An additional policy adequately address the various policy statements and meet the states the desire for providing major transit linkages between an established objectives relating to parks, recreation and open space. activity center at US Highway 40 and Maryvale Drive and the town cores of Fraser and Winter Park. . . A revised policy statement in the plan update states that Fraser will actively strive to implement the development of an indoor/outdoor The Village Center is envisioned as being the major activity center recreation facility in the primary growth area of the Town. The and staging areas ofthe Maryvale Village community located at US proponents of Maryvale Village will exercise best efforts to develop Highway 40 and Maryvale Village Drive. This area will act as a active indoor/outdoor recreational facilities in conjunction with major transit link to other commercial nodes in Fraser and Winter commercial and hotel development within the Village Center. Park. To provide for adequate movement of buses, areas designated for transit stops will be incorporated into the various road rights-of- These facilities may include such pay-and-play facilities as way to ensure non-blockage of moving lanes. The issue of transit racquetball, handball, tennis, bowling, skating, pool and gym stops is a principle of design and should be a mandatory element at activities. the precise design review stage. E. UTILITIES, PUBLIC SERVICES AND FACILITIES Established policies related to utilities and public facilities . emphasize the importance of understanding the impact of new development, strategizing the provision of utilities and services and the necessity of developer participation in terms of financing such improvements. The comprehensive plan update includes a revised policy regarding the integration of new development storm drainage/runoff and retention systems into Fraser's approved Drainage Plan. It is the intent of the Maryvale Village proponents to ensure that the project will comply with the approved drainage plan and that adequate utilities will be provided to serve the community through controlled phasing and developer participation. 22 ýÿ G. REGIONAL ROAD NETWORK H. BICYCLE AND PEDESTRIAL TRAILS Policies relating to regional roadways that affect Maryvale Village For the past several years, the Towns of Fraser and Winter Park includ~: have been implementing a bicycle/pedestrian trail system that includes trails along US Highway 40, adjacent to the proposed . the community's desire for an alternative north/south access collector that parallel the railroad and along the eastern side of the to Winter Park Ranch; Fraser River. Established policies set forth in the comprehensive . a recognition of the fact that US Highway 40 will serve as plan update include the request for new developments to provide . the major through-traffic transporter; pathway easements and that developers may be required to construct . the inclusion of a traffic study to define corridors and road such pathways as part of the development planning and subdivision design standards; process. . and the proposed development of an access control plan for US Highway 40. The Maryvale Village Major Recreation/Open Space Exhibit depicts trail alignments that are consistent with the plan update. Those The Maryvale Village circulation plan proposes Cozens Ranch Road trails adjacent to US Highway 40 and the proposed Fraser Valley as a 2-lane minor arterial road providing access to the hillside Parkway will be located adjacent to the road right-of-way, whereas. residential areas of the community as well as a possible north/south the trail along Fraser River will be a pathway easement within the connector. proposed Linear Park. While the community has conveyed its desire for a north/south Additionally, with the exception of Planning Areas 1 E, 2E, 3E, 5E, connector road on the east side of US Highway 40, there is currently 6E, 8E, 11W, and 13W, individual planning areas will allow for the no access planned on either the private property to the north or south incorporation of internal connector trails to the extent possible. of Maryvale Village. Maryvale Village will, however, provide for Connector trails will be used to link residential neighborhoods and . the possible future connections at both the north and the south activity areas to the regional trail systems and allow for the efficient boundaries. These will be specifically identified in the FPDP movement of both pedestrians and cyclists. The inclusion of such process for Planning Areas I E and 8E. Maryvale Village recognizes trails in individual Planning Areas should be considered at the FPDP US Highway 40 as the major arterial road through the site and precise design review stage. Core trails are identified in the open responds to the control of its access by limiting the number of space map and while the reality of providing trails within certain crossings. These crossings wiII relate with the proposed bike trail planning areas may be precluded by topographic conditions, "best system and be controlled through reviews during the subdivision efforts" intent will be made to accommodate this system during process. The developers of the project will cooperate with the precise design phases. eventual design resolutions of US Highway 40 crossings. 23 I. COMMUNITY APPEARANCE, IMAGE AND DESIGN The comprehensive plan update presents new policy statements that stress the importance of providing architectural and design guidelines for new developments, especially those having high visibilitY from US Highway 40. The plan states that large planned development (annexing as PO's) need to clearly spell out the architectural intent of areas visible to the highway and that . individual planning areas need to have their design and function clearly described. The overall community design of Maryvale Village seeks to create and maintain an attractive and pleasing living environment which complements the existing community, while offering new possibilities to enlarge the people's interest and needs. Set within the framework of a large open meadow area and forested hillside backdrop, the proposed development will create a sense of community character with the central village activity area and major open space/recreational amenities ( in the form of open hillsides and a golf course) as well as pedestrian/hiking providing a framework for the development. . To ensure the appropriate character of buildings, architectural and design guidelines are provided to protect and enhance the appearance of the community while maintaining individual neighborhood identity. Guideline statements are contained herein and are intended to express "intent" rather than "absolutes" thereby allowing flexibility in achieving the intended design. 24 . . IMPLEMENT A TION -' ---..--.--.--------', ..~ - ------ -- -- ýÿ VIII. IMPLEMENTATION A. PROPOSED ZONING B. DENSITY/SQUARE FOOTAGE TRANSER MECHANISM The proposed zoning for the entire 946-acre Maryvale Village site The maximum number of dwelling units and corresponding is Planned Development District (P.D.). This requested zoning densities for each planning area are established on the Development category would facilitate a year-round community offering a full range of housing types, employment, commercial/office services Plan Statistical SummaI)' (Exhibit A-Page I). The number of units developed within an individual planning area may exceed the . and recreational opportunities. The master planned community of established number by 10%, provided that the overall number of Maryvale ViIlage is compatible with the policies of the Fraser units approved for all planning areas is not exceeded. Planning area Comprehensive Plan Update. The maximum number of dwelling development may increase or decrease the established number of units and corresponding densities for each planning area are units; however, in no way shall the dwelling unit count exceed a established on the Development Plan Statistical Summary. The 10% increase in the approved units per individual planning area. number of units developed within an individual planning area may exceed the established number by 10% provided that the overall The principle of transfer also applies to the number of permitted number of units approved for all planning areas is not exceeded. square feet of commercial floor area. Implementation of the square Planning Areas 7Wb and 7Wc will not be allowed to have any footage transfer mechanism could incorporate the 10% variation density transfered into them in an effort to control the amount of between commercial planning areas. development in the open meadow area. The development of a monitoring program to regulate the transfer Planning Area development may increase or decrease the of residential units or commercial square feet between planning established number of units; however, in no case shall the dwelling areas is critical to ensure the appropriate use of the transfer . unit count exceed a 10% increase in the approved units per mechanism. This program should establish a running inventory that individual planning area. This density transfer process is to be is part of the applications for planned development. The number of regulated and monitored at site plan approvals. During the site plan units or square feet proposed for individual planning areas should be approval process, a special letter of agreement discussing the monitored and as each application is approved, the running total inventory transfer will be written. would reflect the action that occurred. General Hillside Design, Commercial Landscape and Architectural guidelines are contained herein. After zoning approval and during the specific site plan approval process, each individual planning area shall include their own more detailed guidelines. 25 C. BUILDING HEIGHTS Building height limits for the various planning areas are set forth b. All structures shall be setback a minimum of 40 feet from the right-of-way of Maryvale Village Drive. in each Planning Area and shown on the Development Plan Statistical Summary (Exhibit A). For hillside areas, building c. The development parcel front setback for all structures on heights shall conform to measures set forth in the Uniform other roads shall be a minimum of 20 feet. Building Code as adopted by the Town of Fraser (see Hillside Design Guidelines, Section V.B; and Planning Area Descriptions, d. In Planning Area 1 W. no building over 50 feet in height . Section IV.D). will be allowed within 100 feet of the US Highway 40 right-of-way. D. OPEN SPACE e. In Planning Area 4W, no building over 35 feet in height The amount of open space identified in this Maryvale Village will be allowed between 75 feet and 200 feet from the US PDD Plan is approximately 374 acres as provided in the golf Highway 40 right-of-way. course, Linear Park, and Planning Area 4E. In addition, with the exception of Planning Areas 4E and 13W, 20% of the total land area within each Planning Area will be designated open space. In no case shall the overall amount of open space be less than the minimum acreages as set forth in the Maryvale Village PDD Plan and current Town of Fraser regulations. . E. SPECIAL SETBACKS Standard setbacks are defined in Section IV. E. Planning Area Descriptions of this PDD application. In addition, all development in Maryvale Village will conform to the special setbacks summarized below: a. All structures shall be setback a minimum of 75 feet from the reservation for future US Highway 40 right-of-way. 26 F. DEFINITIONS Clubhouse Design Guidelines A facility or structure operated primarily for social and recreation Statements expressing the intent of design solutions for purposes in conjunction with the golf course. residential and commercial development and commercial landscaping. Cluster Development The organization of residential units into tightly knit groups on Height of Building . smaller areas of the property. The basic intent is to preserve and The vertical distance above a reference datum measured to the incorporate such valuable resources as trees and sensitive highest point ofthe structure. For more detail regarding building landforms by leaving large areas of the property open and free of heights, refer to the Hillside Design Guidelines contained herein. streets and development. Landscape Palette Common Open Space A list of plant material to be prepared in the future, and approved Open space designed and intended primarily for the common use by the Town of Fraser, that will reflect the landscape concept of of the lawful owners, residents and occupants but not necessarily the community. including the general public, which is owned and maintained by an organization established for such purpose or by other adequate Lodgin&fHotel Unit arrangements. A dwelling intended to be used, rented or hired out as temporary or overnight accommodations, in conjunction with recreation, Condominium conference, or resort uses. . A type of ownership with consists of a separate fee simple estate in an individual airspace unit of a multi-unit property together A measure of hotel density is determined by what is known as the with an undivided fee simple interest in common elements. "key count." The lodginglhotel units proposed by the Development Plan represents the "key count." Density The average number of residential units per gross acre within an Master Plan individual planning area as designated on the Maryvale Village A comprehensive study or plan guiding and controlling the Development Plan. physical development of land use and circulation in the Town of Fraser. Within this text, Master Plan is used in reference to the overall Maryvale Village community as well as specific studies for water and sewer facilities. 27 "Mountain Village Character" Road Gradient (%) An established design theme that is reflective of the mountain The ratio between the rise of elevation in feet vertically and the environment considering such factors as timber forests, snow, distance traveled in feet horizontally for a given segment of rivers, etc, and incorporated at a village scale. roadway. Planned Development District (PDD) Slope Gradient (%) An area of land controlled by one or more landowners, to be The ratio between the rise of elevation in feet vertically and the developed under unified control or unified plan of development distance in feet horizontally over a given topographic condition. . for a number of dwelling units, commercial, educational or industrial uses, or any combination of the foregoing. The Plan Townhome may not correspond in lot size, bulk or type of use, density, lot A type of ownership which consists of a fee simple interest in an coverage, open space, or other restrictions of the conventional individually deeded lot and dwelling. plus a membership right in land use regulations of the Fraser Zoning Ordinance. a homeowners' association which shall own in fee simple the common areas subject to all rights and duties as provided in the Planning Area declaration of the homeowners' association. A homogeneous area considered as an increment of Maryvale Village, and is specifically identified on the Development Plan Zero-Lot-Line Unit Map. For example, the residential planning areas are proposed to A dwelling unit which is characterized by one sidewall, or a be developed with a designated unit or product type. Except as portion thereof, of the unit being along the property line to allow otherwise indicated, planning area boundaries are contiguous with for a larger side yard (typically 10 feet) on the opposite side of the the centerlines of the bordering streets. unit. . Public Road A way for vehicular traffic, further classified and defined in the Town of Fraser Subdivision Regulations. Right-of-Way A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, trees, or for another special use. Rights-of-way intended for streets, utilities, or any other use involving maintenance by a public agency shall be dedicated to public use. 28 . . APPENDICES IX. APPENDICES A. ZONING APPLICATION This letter of application for specific zoning for Maryvale Village (c) Names and addresses of adjoining property owners within two is in accordance with Planning Commission Resolution No. t 985-1- hundred (200) feet of the property perimeter. I, Ordinance No. 131. In sequence, the following information will be provided by the listed consultants: PROVIDED BY TITLE COMPANY . (See Adjoining Property Owners, Exhibit H) 10.7211 Written Documents (d) A description of the character of the proposed development, the The applicant shall submit a written statement that shall include, at goals and objectives of the project, an explanation of the a minimum, the following information: rationale behind the assumptions and choices made by the applicant, and an explanation ofthe manner in which it has been (a) A legal description of the total site including any recorded planned to conform or deviate from the Town of Fraser's easements proposed for development, including a statement of Comprehensive Community Plan. present and proposed ownership. This statement shall include the address of the applicant, all the property owners, PROVIDED BY REDSTONE DEVELOPMENT SERVICES development signers, and any lien holders. (See Relationship to the Fraser Comprehensive Plan Update, Section VII and Development Plan, Section IV.A.) PROVIDED BY APPLICANT (See Written Statement, Exhibit F) (e) Statement clearly outlining the proposed maximum (up to and . including) limits or amounts of all design standards (Section (b) Evidence of the present ownership or agents thereof of all lands 10.800) to be negotiated if not covered in this Section 10.7211 included within the Planned Development in the form of a or Section 10.7212 for the total site and portions thereof. current commitment for Title Insurance or Title Insurance Policy. PROVIDED BY REDSTONE DEVELOPMENT SERVICES (See Development Plan Statistical Summary, Exhibit A, Page 2; PROVIDED BY TITLE COMPANY Planning Area Descriptions, Section IV.D.; and Hillside Design and (See Title Commitment, Exhibit G) Architectural Guidelines, Sections V.A and B.) 29 - -------------- ýÿ (f) A general description of the proposed open space for the (i) Any general physiographic and environmental studies of the development and an explanation of how said open space shall proposed site. be integrated with surrounding developments both existing and proposed in the final PD. Note: General physiographic and environmental studies will be provided at site plan approval for each individual planning area. PROVIDED BY REDSTONE DEVELOPMENT SERVICES (See Recreational/Open Space, Section IV.H, VII.D, and Exhibit A, PROVIDED BY CIVIL ENGINEER Page 2) (See designated Wetland Areas, Exhibit A-Page I. and Soils Reports, Exhibit M) . (g) A statement of the applicant's intentions with respect to the nature of future sales and/or leases and subdivision of all G) The proposed maximum height(s) of buildings within the portions of the Planned Development. Planned Development. PROVIDED BY APPLICANT PROVIDED BY REDSTONE DEVELOPMENT SERVICES (See Development Plan, Section IV.A) (See Preliminary Development District Plan Statistical Summary. Exhibit A-Page 1 and Section IV.D) (h) Quantitative data for the following: total number and type of dwelling units; approximate parcel size; proposed lot coverage (k) A generalized trip generation study for the entire development ratios of buildings and structures; proposed gross and net and its subparts. Also, a statement of the general intent of the residential, commercial and industrial densities; anticipated applicant as regards the use of public versus private roads. amount of open space; total amount of non-residential construction (including a separate figure for commercial, PROVIDED BY LSC institutional, or industrial facilities and the amount of open (See Circulation and Traffic, Sections IV.E and F; and Exhibit A- space associated with these developments). Page 2) . PROVIDED BY REDSTONE DEVELOPMENT SERVICES (I) A statement of the proposed method for controlling architectural (See Development Plan, Section IV.A and Exhibit A, Page 2) design throughout the development. PROVIDED BY REDSTONE DEVELOPMENT SERVICES (See Guidelines, Section V.A, B. and C; and Proposed Zoning, Section VIlLA) 30 ýÿ (m) A letter from the appropriate utility districts, boards, etc. stating (d) The general location of all existing and proposed buildings. their intentions relating to their future ability to serve the structures, and other improvements including maximum heights. development with water, sewer, electricity, natural gas and types of dwelling units, density per type, and non-residential telephone service. structures, including non-residential facilities. For larger scale projects, this information may be shown in prototype form. PROVIDED BY APPLICANT (See Utility Letters, Exhibit L) PROVIDED BY REDSTONE DEVELOPMENT SERVICES (See Preliminary Development District Plan. Exhibit A-Page I: and 10.7212 Graphic Documents Planning Area Descriptions, SectioilIV.D) . A site plan(s) and supporting maps and drawings shall be at an (e) The general location and size in acres or square feet of areas appropriate scale so that Town staff and officials may understand to be conveyed, dedicated or reserved as common and the basic concepts proposed by the applicant. The plan(s) shall private open spaces, public open spaces or parks, include, at a minimum, the following information: recreational areas, school sites and similar public and quasi- public uses. (a) The location and name of the proposed development shown on a vicinity locator map at a legible scale. PROVIDED BY REDSTONE DEVELOPMENT SERVICES (See Preliminary Development District Plan, Exhibit A-Page I: and PROVIDED BY REDSTONE DEVELOPMENT SERVICES Parks/Recreation Open Space, Section V.H) (See Regional Context Map, Section II.A) (0 The existing and proposed circulation system of arterial and (b) The existing site conditions including topographic contours and collector type roads and m~or points of access to public rights- watercourses, unique natural features, and vegetation cover. of-way (including major points of ingress and egress to the development). Notations of proposed ownership - public or . PROVIDED BY REDSTONE DEVELOPMENT SERVICES private - should be included where appropriate. The locations (See Site Location and Description, Section II) oflocal roads may be required at the discretion of the Planning Commission. (c) Proposed subdivision boundary lines and site designs in specific or prototypical form. PROVIDED BY LSC (See Circulation Plan, Exhibit A-Page 2; and Traffic Impact PROVIDED BY REDSTONE DEVELOPMENT SERVICES Analysis, Exhibit D) (See Preliminary Development District Plan and Guidelines, Sections IV and V) 31 (g) Information on land areas adjacent to the proposed Planned Development to indicate known or proposed development including land use, zoning classifications, road networks, public facilities, and open space. PROVIDED BY CIVIL ENGINEER (See Surrounding Land Use Map, Section II.C) (h) The existing and proposed generalized pedestrian and . bicycle circulation system for the entire development. PROVIDED BY REDSTONE DEVELOPMENT SERVICES (See Recreation/Open Space Plan, Exhibit A-Page 2) (i) The proposed concept and general off-site connection methods for utility service including sanitary sewers, storm sewers, water, electric, gas and telephone lines. PROVIDED BY CIVIL ENGINEER (See Master Plan Study for Water, Sewer, and Drainage Services, Exhibit E) G) A generalized grading plan. . PROVIDED BY CIVIL ENGINEER (See Generalized Grading Plan, Exhibit C) (k) A generalized drainage plan indicating proposed on-site facilities and treatment and abatement of drainage to adjoining properties. PROVIDED BY CIVIL ENGINEER (See Master Plan Study for Water, Sewer, and Drainage Services, Exhibit E) 32 ýÿ 'Y . . >, \ . SERVICE PLAN FOR THE MARYV ALE RESIDENTIAL METROPOLITAN DISTRICT Prepared for Maryvale, LLC By Grimshaw & Harring, P.C. and Hanifen, Imhoff, Inc. and P.R. Fletcher & Associates, Inc. Submitted Originally July 29, 1996 Revised February 12, 1998 Rerevised March 26, 1998 Rerevised April 9, 1998 ýÿ " . . MARYV ALE RESIDENTIAL METROPOLITAN DISTRICT in the Town of Fraser, Grand County, Colorado SERVICE PLAN I. INTRODUCTION General Description of Services Provided This service plan is for a new special district to be named the Maryvale Residential Metropolitan District ("District" or "Residential District") to be located on a portion of the Maryvale development in the Town of Fraser. The main purpose of the District is to fmance public improvements to dedicate to the Town of Fraser, Colorado, hereafter referred to as "Town," or some other appropriate governmental or non-profit entity or to be operated by the District for the use and benefit of the District inhabitants and taxpayers. Such improvements shall generally include: a) The acquisition, construction, relocation, completion, installation and/or operation and maintenance of a complete local sanitary sewage collection and transmission system which may include, but shall not be limited to, collection mains and laterals, transmission lines, and/or storm sewer, flood and surface drainage facilities and systems, including detention! retention ponds and associated irrigation facilities, and all necessary, incidental, and appurtenant facilities, land and easements, together with extensions of and improvements to said system within and without the boundaries of the District. The sanitary sewer improvements described herein, except the storm and drainage facilities, shall be dedicated to and maintained by the Fraser Sanitation District. Storm and drainage facilities shall be dedicated and maintained by the Town. b) The acquisition, construction, relocation, completion, installation and/or operation and maintenance of a complete potable and non-potable local water supply, storage, transmission, and distribution system, which may include, but shall not be limited to, transmission lines, distribution mains and laterals, irrigation facilities, storage facilities, land and easements, and all necessary, incidental, and appurtenant facilities, together with extensions of and improvements to said system within and without the boundaries of the District. The potable water facilities described herein shall be dedicated to and maintained by the Town as provided in the Maryvale Annexation Agreement or generally applicable Town regulations governing the dedication and acceptance of public improvements. c) The acquisition, construction, relocation, completion, installation and/ or operation and maintenance of facilities and/or services for a system of traffic and safety controls and devices on streets and highways and at railroad crossings, including signalization, together with all necessary, incidental, and appurtenant facilities, land and easements, together with extensions of and improvements to said facilities within and without the boundaries of the District. The system of traffic and safety controls and devices ýÿ " . . described herein shall be dedicated to and maintained by the Town as provided by generally applicable Town regulations governing the dedication and acceptance of public improvements. d) The acquisition, construction, relocation, completion, installation and/or operation and maintenance of street improvements, including curbs, gutters, culverts, and other drainage facilities, sidewalks, bridges, overpasses, bike paths and pedestrian ways, interchanges, median islands, paving, lighting, grading, landscaping, irrigation, parking lots and structures; and street-related electric, telephone, gas, steam, heating, and cooling facilities and lines; together with all necessary, incidental, and appurtenant facilities, land and easements together with extensions of and improvements to said facilities within and without the boundaries of the District. The street improvements described herein shall be dedicated to and maintained by the Town as provided in generally applicable Town regulations governing the dedication and acceptance of public improvements. This is One of Two Maryvale Districts The proposed Maryvale Residential Metropolitan District is one of two metropolitan districts to be formed to serve the Maryvale development. The Residential District will be formed to assist in the funding, integration, and coordination of metropolitan district services and facilities. The Maryvale Commercial Metropolitan District ("Commercial District") will construct the majority of the public services and facilities for the Maryvale development. The Residential District and the Commercial District are referred to herein as the "Districts." Why two districts instead of one? The establishment of the Commercial District as a service district which will construct the public facilities described in this Service Plan throughout Maryvale and establishment of the Residential District as a district to assist with fInancing will create several benefits for both the inhabitants of the community and the Town: First, the method will assure that the construction of public facilities throughout the community will be primarily administered by a single board and will not become a burden on the Town. Second, use of a district will insure that a single district will ultimately control the pace, timing, design, and cost of the necessary public facilities during the course of construction of the entire community. As presently planned, Maryvale will proceed in several phases, each of which will require certain extensions and improvements of available public facilities. Use of the Commercial District as a service district and the Residential District as a financing district will enable the community to maintain development through the duration of the construction phase and will provide for a well-planned, well-fmanced and well-coordinated extension of public improvements to all of Maryvale. In this manner, long-term or phased facilities that the Town expects to be put in place for the community, as approved by the Town, can be assured to the extent possible. Third, the use of two districts assures that long term agreements are in place to ensure ongoing fmancing and construction of the infrastructure needed for the entire community, rather than allowing early arrivals to preclude later development that would otherwise assist. in fmancing the improvements of benefit to the entire community. - 2- ýÿ . . . The Development and Preparation of the Plan The area within the District is being developed by Maryvale, LLC (the "Developer"). This plan has been prepared for the Developer by a number of consultants, including Grimshaw and Harring, P.C., 1700 Lincoln, Suite 3800, Denver, Colorado 80203 (Attention: Norman F. Kron, 839-3704) and Hanifen, Imhoff, Inc., 1125 - 17th Street, Suite 1600, Denver, Colorado 80202 (Attention: John Buck, 291-5344), and P.R. Fletcher and Associates, Inc., 2135 South Cherry Street, Suite 310, Denver, Colorado 80222 (Attention: Craig Jorgenson). II. PURPOSE OF THE DISTRICT It is intended that the District, as a Title 32 District, will provide certain essential public- purpose facilities for the use and benefit of its anticipated inhabitants and taxpayers. These persons include residents and owners of real property located within the boundaries of the District as currently contemplated and as the same will be changed through the inclusion of additional territory. Discussions with the Town indicate that the Town does not consider it feasible or practical for the Town itself to provide the area with the extensive public improvements and facilities needed to serve Maryvale residents. The District is therefore necessary to provide the desired urban facilities and services. The District is expected initially to finance the construction of improvements both within and without the boundaries of the District. Notably, certain improvements of city-wide benefit, such as the extension or upgrade of the sanitation system, are specifically contemplated for the immediate future. The District acknowledges the need and its intent to cooperate with the Town to serve and promote the health, safety, prosperity, security and general welfare of its inhabitants. The District intends to dedicate all of the improvements that it constructs to the Town or such other entity as the Town may direct. It is the intent of the District to operate improvements only during the period prior to the acceptance of such dedications or in unusual circumstances, such as when the Town or other entity does not want to accept the improvement. The dedication of improvements by the District and acceptance of improvements by the Town shall be completed in accordance with the generally applicable regulations of the Town as the same may be amended from time to time. Offering of improvements for acceptance and the acceptance of improvements offered for dedication -shall not be unreasonably withheld or delayed. All conveyance documents shall be in such form as is reasonably acceptable to the Town. ID. BOUNDARIES The Residential District consists of the property described in Exhibit A. As residential plans become more clear, the Developer may petition to include additional residential area into the Residential District and will petition to exclude property from the Commercial District, thereby keeping the constituencies of each District homogeneous. In this regard, some mixed - 3 - . . . use development may occur; for example, some residences may be located over commercial buildings. In these instances, for example, the airspace used for residential purposes would be included in the Residential District while the Commercial District would retain the commercial ground floor. The planned service area of the District is generally described as the known residential area within the Maryvale development. A legal description of the initial boundaries of the Residential District is attached as Exhibit A. Attached as Exhibit B is a detailed map showing boundary lines of the District. The entire District is within the boundaries of the Town. Changes in Boundaries It is intended that additional property may be included within the District as it comes under the ownership or control of the Developer and the Developer determines that it will be a portion of the residential development. The Developer may exclude and include property between the Residential and the Commercial Districts as development plans become better defmed. In the event that all or part of the property described in Exhibit C (commonly known as the Forest Meadows Parcel, the Denver Water Board Parcel, the Chur.ch Par.ce1, the-Brban 'P3rcpl, aDd PI?~1=Ihlg A...C;i1 28) are or become part of the Town and become part of the Maryvale development or come under the ownership or control of the Developer, then the District may include such property into its territory following the District's performance of all statutory requirements for such inclusion, without further approval by the Town. As for other inclusions or exclusions of property, the changing of boundaries of the District shall be subject to prior review and written approval by the Town. IV. GENERAL DESCRIPTION OF FACILITIES TO BE CONSTRUCTED AND PREUMINARY ENGINEERING AND ARCffiTECTURAL SURVEY. Type of Improvements Upon its formation, if possible, the District plans to assist the Commercial District with its long term fmancing and acquisition, construction, and installation of the water system, sanitation, street improvement, and safety improvement facilities, both within and without the boundaries of the District. The following is a representative list of the facilities to be provided: (amounts include a contingency to cover design, engineering, construction management, allocable costs of district organization, overhead and unforeseen expenses. The engineer's preliminary infrastructure cost estimates are described in Exhibit D.) Sanitation; $ 2,259,000 Street Improvement and Drainage; $ 5,978,000 Water; $ 4,793,000 Sub Total $13,030,000 Capitalized Interest & Cost of Bond Issuance; $ 3.710.000 Grand Total Service Plan Debt Authorization: ~16. 740.000 - 4- . . Requests for authorization for $740,000 for safety, $1,950,000 for parks and recreation, and $2,000,000 for television relay and translation were submitted at the district's organizational election and approved; however, the fInal approved service plan removes these powers from the District. In the event these powers are later added, these authorizations may be used for such purposes or otherwise may be used for other authorized public purposes as provided in the following paragraph. The addition of the safety, parks and recreation, and television relay and translation powers and bond authorization therefor, if requested, shall require the Town's approval of a material modifIcation of the Service Plan. To the extent allowed by law and the debt authorization approved by the eligible electors of the District, the Board of Directors of the District shall have the authority to shift funds from one category of improvements to another so long as the debt limit stated in the fInancial plan hereof and approved by the electors is not exceeded. The District shall not expend funds without a public purpose. Notwithstanding anything to the contrary contained herein, the total cost of the improvements to be constructed by the District or the Maryvale Residential Metropolitan District shall not collectively exceed Sixteen Million Seven Hundred Forty Dollars ($16,740,000) without an amendment to this Service Plan. In no case, however, shall the amount for "Engineering, Construction Management, Overhead, Allocable Cost of District Overhead, and Contingency" exceed 15% of the costs for Sanitation, Street Improvements and Drainage, and Water without the approval of the Town as evidenced by a resolution of the Town Board. Town Construction Standards The Town shall ensure that any proposed improvements will be designed and constructed at a minimum in accordance with the standards and specifIcations set forth by the Town and/or the applicable public entity that will be responsible for the maintenance and operation of the public improvements. The District shall comply with the approved Planned Development District Plan for Maryvale Village ("PDD Plan") and the Amended and Supplemented Annexation Agreement for the Maryvale Village Property ("Annexation Agreement") as amended and supplemented from time to time. Services of District The District will require operating funds to plan ,and cause the public improvement plan to be constructed. Additional costs to the capital costs indicated herein are expected to include: the described operation and maintenance of the improvements by the District, operation and maintenance of improvements, if any, which the Town chooses not to accept (following an agreement with the District, as noted above), and expenses related to formation and operation of the District, such as reimbursement of organizational costs, legal, engineering, accounting and issuance costs of indebtedness, preparation of budgets, audits, elections, informational fIlings, and the like. The fIrst year's operating budget is estimated to be $75,000. V. FINANCIAL PLAN - 5 - . . . Concept The general concept for the fmancial plan of the District is fairly simple, as discussed above, the Maryvale community would be served by two districts (residential and commercial). The two districts would be linked together through an intergovernmental agreement. The IGA would provide that the Commercial District will issue general obligation bonds for payment of construction and acquisition costs for public improvements. The Residential District would issue no bonds. Instead, the Residential District would levy up to fifty (50) mills (the Mill Levy Cap), and give the proceeds to the Commercial District; but in addition the amount of payment by the Residential District in any year would be limited to a proportionate share calculated by multiplying the percentage of assessed value in the Residential District, as compared to both Districts, by the Commercial District's debt service payment for that year. But under no circumstances must the Residential District certify more than 50 mills for debt service, which is deemed to be the Residential District's proportionate share of the total debt of the Commercial District. The Commercial District would be required to use the proceeds of the Residential District's Limited Mill Levy, along with certain other revenues of the Commercial District as pledged in the bond documents, to pay debt service on the Commercial District's bonds. Because the Residential District would be obligated to the Commercial District for payments in furtherance of the Commercial District's bonds, the total service plan debt limit for the Maryvale Commercial District and the Maryvale Residential Metropolitan District shall be in the collective principal amount of Sixteen Million Seven Hundred Forty Thousand Dollars ($16,740,000). The "collective principal amount" includes both the up to $16,740,000 in bonds to be issued by the Commercial District and the up to $16,740,000 in contractual indebtedness incurred by the Residential District by entry into the intergovernmental agreement described below in the Financial Plan. The service plan debt limit of Sixteen Million Seven Hundred Forty Thousand Dollars ($16,740,000) can be raised only with the Town's approval of a Service Plan Amendment as provided by law. The provision of public improvements/facilities by the proposed District will be fmanced primarily by support of the issuance of general obligation bonds by the Commercial District, secured in part by the ad valorem taxing authority of the proposed District with the limitations discussed above. Prior to the time of the first bond issue by the Commercial District, the construction costs for necessary improvements will be advanced by the Developer within the proposed District, subject to subsequent acquisition by the proposed District or the Commercial District of the completed improvements and payment to the Developer of construction costs to the extent provided below. Any change in debt limit shall be considered a material modification of the Service Plan. The debt will be used to generate revenues adequate to defray a portion of the estimated costs of the organization of the District and the facilities and improvements to be constructed and installed for Maryvale, including the costs of engineering services, legal services, administrative - 6 - . . services, and major expenses related to the facilities and improvements to be constructed and installed. The Commercial District bonds, when issued, will, and the Residential District IGA described in the Financial Plan, when entered will be deemed to mature not more than twenty (20) years from date of issuance, with the fIrst maturity being not later than three (3) years from the date of their issuance, as required by statute. The proposed maximum. voted net effective interest rate for such issue is fourteen percent (14%) and the maximum. underwriting discount is four percent (4 %). The proceeds of the bond issues will be used to pay necessary and customary legal services and issuing expenses. The balance of the funds plus any interest earned thereon will be used to fund organizational costs, capital construction costs and reimbursement of advances by developers as discussed above. Before it can agree to annually certify up to 50 mills, the District will seek the authorization of its electors to issue general obligation indebtedness as described in Exhibit D, divided into categories of improvements as required by law. (The intergovernmental agreement between the Residential and Commercial Districts that obligates the Residential District to levy the Limited Mill Levy and pay the proceeds to the Commercial District is "debt" for this purposes and requires voter authorization). Such authorization will be sought pursuant to the terms of the Special District Act, and the Colorado Constitution as they may be amended from time to time. In addition to ad valorem taxes and in order to offset the expenses of the anticipated capital construction and District operations and maintenance, the District may also rely upon various other revenue sources authorized by law and this Service Plan. These will include the power to assess fees, rates, tolls, penalties, or charges as provided in Section 32-1-1001(1), C.R.S., as amended. Revenue Bonds The District shall have authority to issue revenue bonds as allowed by Colorado law. - 7 - . . Security for Debt The District will not pledge any the Town funds or assets for security for the indebtedness set forth in the fmancial plan of the District. Operations The estimated costs of the organization and initial operation of the District, including legal, engineering, administrative and fmancial services, are expected to be approximately $75,000. These costs will be paid initially by the developer of the Maryvale Community, and reimbursed by the District to the extent permitted in this Service Plan. Following voter approval, the Residential District will levy up to five (5) mills for its limited operations and maintenance role. By intergovernmental contract, Residential District operations and maintenance would be performed by the Commercial District. Taking into account the maximum mill levy , the Residential District maximum mill levy is estimated to be equivalent to fifty (50) mills in total. Description of Existing: Conditions The current assessed value of the land initially within the District is less than $250,000. Current and projected developments are described in the attached Exhibit E (valuations are shown in the Proforma in Exhibit F). Anticipated Development The future development projections within the boundaries of the District are shown on Exhibit E and F. Public Improvement Schedule The landowners anticipate the completion of the construction of the connection of the above described on site water and sewer lines, and the construction of certain street and drainage way improvements by 1999. Other water, sewer improvements, roads, storm drainage and other improvements are expected to take place as filings are approved by the Town. VI. MODIFICATION OF SERVICE PLAN The District shall obtain the prior written approval of the Town before making any material modifications to this Service Plan as noted herein. Material modifications shall include modifications of a basic or essential nature including any additions to the types of services initially provided by the District, change in dissolution date and change in debt limit. The examples above are only examples and are not an exclusive list of all actions which may be identified as a material modification. The Town's approval shall not be required for mechanical modifications to this Service Plan necessary for the execution of the original fmancing plan for public improvements previously outlined in the plan unless otherwise provided in the Service Plan. - 8 - . . . vn. FAILURE TO COMPLY WITH SERVICE PLAN In the event that the District takes any action which constitutes a material modification from the Service Plan without approval from the Town, the Town shall utilize the remedies set forth in this Service Plan and applicable law to seek to enjoin the actions of the District. VITI. DISCLOSURE The District shall record a statement against the property within the District, at such time as the property is legally included therein, which statement includes notice of the existence of the District, average expected tax levy, maximum expected tax levy, and maximum allowed tax levy. IX. INTERGOVERNMENTAL AGREEMENTS The following describes proposed intergovernmental agreements: (1) The District may participate in joint fmancing agreements with other governmental units . (2) The District will adopt a Management Agreement with the Commercial District prior to the issuance of bonds by the Commercial District. The Management Agreement contemplates that the Commercial District will provide management services for the Residential District and assist in the coordination of other services for existing and proposed facilities. The Management Agreement would become effective following the organization of the Districts and approval of the agreement by the Boards of Directors of each District. The Management Agreement or a separate intergovernmental agreement shall establish a formal mechanism for input by the Residential District to the Board of the Commercial District. The Management Agreement shall be approved by the Town, signed by the Districts, and ftled with the Town prior to issuance of the flIst bonds. (3) The relationship between the two Metropolitan Districts, including the means for approving, fmancing, constructing, and operating the public services and improvements needed to serve the community will be established by means of a District Facilities Construction and Service Agreement ("Facilities Agreement") which will be entered into by the two districts following their organization. Under the Facilities Agreement, the Cominercial District will own (until transfer to the Town or others as described above), and construct the public facilities which are necessary to serve the Community. Funding of the public facilities will be provided by both districts. The Facilities Agreement will establish extensive procedures and standards for the approval of facilities design and transfer of funds between the districts. The terms of the Facilities Agreement will be submitted to the electors of the Residential District for their approval. The Facilities Agreement shall be signed by the Districts and filed with the Town prior to issuance of the frrst bonds. Therefore, whenever this Service Plan states that the "District" will construct a facility, the "District" may be the Commercial District operating on its own or with the Residential District as provided in the Facilities Agreement.. - 9- ýÿ . . . ~~1!l ~ o;J 14f; . ' , liD , ' of('('! 41'~ "" If' ~ 0/' d'" (4) The District will enter into an intergovernmental agreemen( WI the Town covering: Application of Local Laws, Application of Certain Agreements, Issuance of Bonds (including any requirements for the developer to purchase bonds or provide credit enhancements, limitations on remarketing bonds owned by the developer until the debt does not exceed fIfty percent (50%) of the valuation for assessment of the taxable property in the Districts, as certifIed by the assessor, and triggers or conditions required to exist prior to the sale of bonds), Certain Items Requiring Town Board Approval, Items Requiring Town Board NotifIcation (including default of a bond payment, material failure to complete capital facilities following issuance of bonds to fund such facilities, failure to perform the intergovernmental agreement, and failure to conform to the Special District Act), Limitations on Developer Reimbursements (including the requirement for District fmdings of public purpose and interest rate limitations), Annual Report (including a report of capital expenditures, development activities, next year's District construction plans, and certifIcation that no material deviations from the Service Plan have occurred during the past year), Dissolution, Procedure for ModifIcation of Service Plan, Limitation on Requests to Add Additional Powers, Collection and Allocation of Fees, Procedure for Dedication of Improvements to the Town, and Notice of Meetings. This agreement shall be approved by the Town prior to the issuance of the fIrst bonds. X. STATUTORY REOUlREMENTS It is submitted that this Service Plan for the Maryvale Residential Metropolitan District meets the requirements of the Special District Control Act, meets applicable requirements of the Colorado Constitution, and those of the Town. It is further submitted that: (a) There is sufficient 'existing and projected need for organized service in the area to be serviced by the District; (b) The existing service in the area to be served by the District is inadequate for projected needs; (c) The District is capable of providing economical and sufficient service to the area within its boundaries; (d) The area within the District does have, and will have, the fmancial ability to discharge the existing and proposed indebtedness on a reasonable basis; (e) Adequate service is not, and will not be, available to the area through the Town, the County, or other existing municipal or quasi-municipal corporations, including existing special Districts (other than the District), within a reasonable time and on a comparable basis; (t) The facility and service standards of the District are compatible with the facility and service standards of the county within which the District is located and each municipality which is an interested party under Section 32-1-204(1), Colorado Revised Statutes; (g) The Service Plan is in subs-tantial compliance with a master plan adopted pursuant to Section 30-28-106, Colorado Revised Statutes; - 10- ýÿ . . . . . . (h) ~ ~i~~ eo-~M'-t. ""- The Service Plan is in mpliance with any duly adopted county, regional, or state long-range water quality management plan for the area; and (i) The Service Plan will be in the best interests of the area served by the District. - 11 - I . " " . . SERVICE PLAN FOR THE MARYV ALE COMMERCIAL METROPOLITAN DISTRICT Prepared for Maryvale, LLC By Grimshaw & Harring, P.C. and Hanifen, Imhoff Inc. and P.R. Fletcher & Associates, Inc. Submitted Originally July 29, 1996 Revised February 12, 1998 Rerevised March 26, 1998 Rerevised April 9, 1998 , " . . MARYV ALE COMMERCIAL METROPOLITAN DISTRICT in the Town of Fraser, Grand County, Colorado SERVICE PLAN 1. INTRODUCTION General Description of Services to be Provided This service plan is for a new special district to be named the Maryvale Commercial Metropolitan District ("District" or "Commercial District"). The main purpose of the District is to fInance public improvements to dedicate to the Town of Fraser, Colorado, hereafter referred to as "Town, " or some other appropriate governmental or non-profIt entity, as approved in writing by the Town, for the use and benefIt of the District inhabitants and taxpayers, unless a disposition other than dedication is agreed to with the Town. Such improvements shall include: a) The acquisition, construction, relocation, completion, installation and/or operation and maintenance of a complete local sanitary sewage collection and transmission system which may include, but shall not be limited to, collection mains and laterals, transmission lines, and/or storm sewer, flood and surface drainage facilities and systems, including detentionl retention ponds and associated irrigation facilities, and all necessary, incidental, and appurtenant facilities, land and easements, together with extensions of and improvements to said system within and without the boundaries of the District. The sanitary sewer improvements described herein, except the storm and drainage facilities, shall be dedicated to and maintained by the Fraser Sanitation District. Storm and drainage facilities shall be dedicated and maintained by the Town. b) The acquisition, construction, relocation, completion, installation and/or operation and maintenance of a complete potable and non-potable local water supply, storage, transmission, and distribution system, which may include, but shall not be limited to, transmission lines, distribution mains and laterals, irrigation facilities, storage facilities, land and easements, and all necessary, incidental, and appurtenant facilities, together with extensions of and improvements to s.aid system within and without the boundaries of the District. The potable water facilities described herein shall be dedicated to and maintained by the Town as provided in the Maryvale Annexation Agreement or generally applicable Town regulations governing the dedication and acceptance of public improvements. c) The acquisition, construction, relocation, completion, installation and/or operation and maintenance of facilities and/or services for a system of traffic and safety controls and devices on streets and highways and at railroad crossings, including signalization, together with all necessary, incidental, and appurtenant facilities, land and easements, , . . . together with extensions of and improvements to said facilities within and without the boundaries of the District. The system of traffic and safety controls and devices described herein shall be dedicated to and maintained by the Town as provided by generally applicable Town regulations governing the dedication and acceptance of public improvements. d) The acquisition, construction, relocation, completion, installation and/or operation and maintenance of street improvements, including curbs, gutters, culverts, and other drainage facilities, sidewalks, bridges, overpasses, bike paths and pedestrian ways, interchanges, median islands, paving, lighting, grading, landscaping, irrigation, parking lots and structures; and street-related electric, telephone, gas, steam, heating, and cooling facilities and lines; together with all necessary, incidental, and appurtenant facilities, land and easements together with extensions of and improvements to said facilities within and without the boundaries of the District. The street improvements described herein shall be dedicated to and maintained by the Town as provided in generally applicable Town regulations governing the dedication and acceptance of public improvements. This is One of Two Marvvale Districts The proposed Maryvale Commercial Metropolitan District is one of two metropolitan districts to be formed to serve the Maryvale development. The Maryvale Residential Metropolitan District ("Residential District") will be formed to assist in the funding, integration, and coordination of metropolitan district services and facilities. The Maryvale Commercial Metropolitan District will construct the majority of the public services and facilities for the Maryvale development. Why two districts instead of one? The establishment of the Commercial District as a service district which will construct the public facilities described in this Service Plan throughout Maryvale and establishment of the Residential District as a district to assist with fmancing will create several benefits for both the inhabitants of the community and the Town: First, the method will assure that the construction of public facilities throughout the community will be primarily administered by a single board and will not become a burden on the Town. Second, use of a district will insure that a single district will ultimately control the pace, timing, design, and cost of the necessary public facilities during the course of construction of the entire community. As presently planned, Maryvale will proceed in several phases, each of which will require certain extensions and improvements of available public facilities. Use of the Commercial District as a service district and the Residential District as a financing district will enable the community to maintain development through the duration of the construction phase and will provide for a well-planned, well-financed and well-coordinated extension of public improvements to all of Maryvale. In this manner, long-term or phased facilities that the Town expects to be put in place for the community, as approved by the Town, can be assured to the extent possible. Third, the use of two districts assures that long term agreements are in place to ensure ongoing financing and construction of the infrastructure needed for the entire - 2 - . . . community, rather than allowing early arrivals to preclude later development that would otherwise assist in fInancing the improvements of benefIt to the entire community. The Development and Preparation of the Plan The area within the District is being developed by Maryvale, LLC (the "Developer"). This plan has been prepared for the Developer by a number of consultants, including Grimshaw and Harring, P.C., 1700 Lincoln, Suite 3800, Denver, Colorado 80203 (Attention: Norman F. Kron, 839-3704) and Hanifen, Imhoff Inc. 1125 17th Street, Suite 1600, Denver, Colorado 80202 (Attention: John Buck, 291-5344) and P.R. Fletcher and Associates, Inc., 2135 South Cherry Street, Suite 310, Denver, Colorado 80222 (Attention: Craig Jorgensen). II. PURPOSE OF THE DISTRICT It is intended that the District, as a Title 32 District, will provide certain essential public- purpose facilities for the use and benefIt of its anticipated inhabitants and taxpayers. These persons include residents and owners of real property located within the boundaries of the District as currently contemplated and as the same may be changed through the inclusion of additional territory and exclusion of territory. Discussions with the Town indicate that the Town does not consider it feasible or practical for the Town itself to provide the area with the extensive public improvements and facilities needed to serve Maryvale residents at this time. The District is therefore necessary to provide the desired urban facilities and services. The District is expected initially to fInance and perform the construction of improvements both within and without the boundaries of the District. Notably, certain improvements of city- wide benefIt, such as the extension or upgrade of the sanitation system, are specifically contemplated for the immediate future. The District acknowledges the need and its intent to cooperate with the Town to serve and promote the health, safety, prosperity, security and general welfare of its inhabitants. The District intends to dedicate all of the improvements that it constructs to the Town or such other entity as the Town may direct. It is the intent of the District to operate improvements only during the period prior to the acceptance of such dedications or in unusual circumstances, such as when the Town or other applicable entity does not want to accept the improvement. The dedication of improvements by the District and acceptance of improvements by the Town shall be completed in accordance with the generally applicable regulations of the Town as the same may be amended from time to time. Offering of improvements for acceptance and the acceptance of improvements offered for dedication shall not be unreasonably withheld or delayed. All conveyance documents shall be in such form as is reasonably acceptable to the Town. - 3 - .' . . III. BOUNDARIES The initial service area of the District is generally described as the commercial area within the Maryvale development owned or controlled by the Developer within the Town of Fraser. A legal description of the boundaries is attached as Exhibit A. Attached as Exhibit B is a detailed map showing boundary lines of the District. The entire District is within the boundaries of the Town. Chanees in Boundaries It is intended that additional property may be included within the District as it comes under the ownership or control of the Developer and the Developer determines that it will be a portion of the commercial development. The Developer may exclude and include property between the Residential and the Commercial Districts as development plans become better defined. As for other inclusions or exclusions of property, the changing of boundaries of the District shall be subject to prior review and written approval by the Town. IV. GENERAL DESCRIPTION OF FACILITIES TO BE CONSTRUCTED AND PRELIMINARY ENGINEERING AND ARCHITECTURAL SURVEY Type of Improvements Upon its formation, with the assistance of the Residential District, the District plans to provide for the long term fmancing and acquisition, construction, and installation of the water system, sanitation, and street improvement facilities, both within and without the boundaries of the District as described in Exhibit D. The following is a representative list of the facilities to be provided: (All dollar amounts include a contingency to cover design, engineering, construction management, allocable costs of district organization, overhead and unforeseen expenses. Bond issuance expenses and capitalized interest are described in Exhibit E.) Sanitation; $ 2,259,000 Street Improvement and Drainage; $ 5,978,000 Water; $ 4,793,000 Sub Total $13,030,000 Capitalized Interest & Cost of Bond Issuance; $ 3.710.000 Grand Total Service Plan Debt Authorization $16.740.000 - 4 - " . . Requests for authorization for $740,000 for safety. $1,950,000 for parks and recreation, and $2,000,000 for television relay and translation were submitted at the district's organizational election and approved; however, the fmal approved service plan removes these powers from the District. In the event these powers are later added, these authorizations may be used for such purposes or otherwise may be used for other authorized public purposes as provided in the following paragraph. The addition of the safety, parks and recreation, and television relay and translation powers and bond authorization therefor, if requested, shall require the Town's approval of a material modification of the Service Plan. To the extent allowed by law and the debt authorization approved by the eligible electors of the District, the Board of Directors of the District shall have the authority to shift funds from one category of improvements to another so long as the debt limit stated in the financial plan hereof and approved by the electors is not exceeded. The District shall not expend funds without a public purpose. Notwithstanding anything to the contrary contained herein, the total cost of the improvements to be constructed by the District or the Maryvale Residential Metropolitan District shall not collectively exceed Sixteen Million Seven Hundred Forty Thousand Dollars ($16,740,000) without an amendment to this Service Plan. In no case, however, shall the amount for "Engineering, Construction Management, Overhead, Allocable Cost of District Overhead, and Contingency" exceed 15% of the costs for Sanitation, Street Improvements and Drainage, and Water without the approval of the Town as evidenced by a resolution of the Town Board. Town Construction Standards The Town shall ensure that any proposed improvements will be designed and constructed at a minimum in accordance with the standards and specifications set forth by the Town and/or the applicable public entity that will be responsible for the maintenance and operation of the public improvements. The District shall comply with the approved Planned Development District Plan for . Maryvale Village ("POD Plan") and the Amended and Supplemented Annexation Agreement for the Maryvale Village Property ("Annexation Agreement") as amended and supplemented from time to time. Services of District The District will require operating funds to plan and cause the public improvement plan to be constructed. Additional costs to the capital costs indicated herein are expected to include: the described operation and maintenance of the improvements by the District, operation and maintenance of improvements, if any, which the Town chooses not to accept (following an agreement with the District, as noted above), and expenses related to formation and operation of the District, such as reimbursement of organizational costs, legal, engineering, accounting and issuance costs of indebtedness, preparation of budgets, audits, elections, informational filings, and the like. The first year's operating budget is estimated to be $75,000. - 5 - ýÿ .. . . V. FINANCIAL PLAN Debt Limitation The total service plan debt limit for the Commercial District and the Maryvale Residential Metropolitan District shall be in the collective principal amount of Sixteen Million Seven Hundred Forty Thousand Dollars ($16,740,000). The "collective principal amount" includes both the up to $16,740,000 in bonds to be issued by the Commercial District and the up to $16,740,000 in contractual indebtedness incurred by the Residential District by the entry into the intergovernmental agreement described below in the Financial Plan. The service plan debt limit of Sixteen Million Seven Hundred Forty Thousand Dollars ($16,740,000) can be raised only with the Town's prior written approval of a Service Plan Amendment. Financial Plan/Proposed Indebtedness. The Financial Plan describes how the proposed facilities and! or services are to be fInanced, including the estimated costs of organization, engineering services, legal services, administration services, proposed indebtedness and estimated proposed maximum interest rates and discounts, and other major expenses related to the organization and operation of the proposed Commercial District. The Financial Plan demonstrates the issuance of the debt and the anticipated repayment based on the projected development in the Commercial District's boundaries. The Financial Plan demonstrates that, at various projected levels of development, the proposed Commercial District has the ability to fInance the facilities identifIed herein, and will be capable of discharging the proposed indebtedness on a reasonable basis. A. General Discussion. The provision of facilities by the District will be primarily fInanced by the issuance of several series of general obligation bonds, secured by the ad valorem taxing authority of the proposed Commercial District with the assistance of the Residential District with limitations as discussed below. The Financial Plan demonstrates the issuance of the debt and the anticipated repayment based on the projected development in the Commercial District and Residential District boundaries. It is anticipated that the fIrst bond issue will occur in 1998 or 1999. Prior to that time, the construction costs for necessary improvements will be advanced by the developer(s) within the Commercial District and Residential District, subject to subsequent acquisition by the Commercial District of the completed improvements and reimbursement to the developer(s) of such advanced construction costs. Any obligations issued or otherwise contracted for to reimburse the developer(s) for advanced construction costs shall be included within the debt limits described below. Pursuant to Section 32-1-1101, C.R.S., new money general obligation bonds would mature not more than twenty (20) years from the date of issuance, with the fIrst maturity being not later than three (3) years from the date of their issuance. The proposed maximum voted interest rate is fourteen percent (14%) and the maximum underwriter's discount is four percent - 6 - ýÿ , , . . (4 % ). The exact interest rates and discounts will be determined at the time the bonds are sold by the Commercial District and will reflect market conditions at the time of sale. The Commercial District may also issue notes, certificates, debentures, or other multiple fiscal year obligations, which issuances shall be subject to the limitations set forth in this Service Plan, including the debt limits described below. It is proposed that a total maximum principal amount of Sixteen Million Seven Hundred Forty Thousand Dollars ($16,740,000) of bonds that are secured by ad valorem property taxes (including general obligation and any bonds issued, the repayment of which is from the pledge of revenue from a debt service mill levy) for various purposes be submitted to the electors of the proposed Commercial District for their approval at an election. In no event shall the principal amount of the bonds which are secured by ad valorem property taxes and are outstanding at anyone time exceed Sixteen Million Seven Hundred Forty Thousand Dollars ($16,740,000). Such limitation shall not be applicable to refundings of the bonds authorized to be issued hereunder, including obligations issued to repay the account party on any Letter of Credit issued to secure such Bonds. The bonds will contain adequate call provisions to allow for the prior redemption or refinancing of bonds sold by the proposed Commercial District. The Commercial District will have a mill levy in an unlimited rate and amount assessed on all taxable property in the proposed Commercial District as a primary source of revenue for repayment of debt service. The proponents of the organization of the Commercial District are comfortable with the reasonableness of the overlapping mill levies and the anticipated mill levy for the proposed Commercial District (as illustrated in Exhibit E) when compared with competing projects. Although the mill levy may vary depending upon the elected Board's decision to fund the projects contemplated in this Service Plan, it is estimated that an initial mill levy of less than fifty (50) mills will produce revenue sufficient to support the debt retirement throughout the bond repayment period, however, to keep the cost of bond issuance as low as possible, there will be no limit on the mill levy that may be certified by the Commercial District. In addition, the Commercial District may capitalize interest to permit payment of interest during the time lapse between development of taxable properties and the collection of tax levies therefrom. Interest income through the reinvestment of construction funds, capitalized interest and annual tax receipts will provide additional funds. These revenue sources should be sufficient to retire the proposed indebtedness if growth occurs as projected; otherwise, increases in the mill levy and/or the imposition of rates, tolls, fees and charges maybe necessary. B. Bond Limitations. The bonds may be issued to the general public or to certain investors of the bonds and comply with the applicable limitations found in Section 32-1- 1101 (6)(a) (I) , (II), (III), or (IV) C.R.S. or Section 32-1-1101(6)(b), C.R.S., to wit: (6) (a) The total principal amount of general obligation debt of a special district issued pursuant to subsection (2) of this section, which debt is issued on or after July 1, 1991, shall not at the time of issuance exceed the greater of two million dollars or fifty percent of the valuation for - 7 - .. . . assessment of the taxable property in the special district, as certified by the assessor, e.;r.cept for debt which is: (I) Rated in one of the four highest investment grade rating categories by one or more nationally recognized organizations which regularly rate such obligations; (II) Determined by the board of any special district in which infrastructure is in place to be necessary to construct or otherwise provide additional improvements specifically ordered by a federal or state regulatory agency to bring the district into compliance with applicable federal or state laws or regulations for the protection of the public health or the environment if the proceeds raised as a result of such issue are limited solely to the direct and indirect costs of the construction or improvements mandated and are used solely for those purposes; (III) Secured as to the payment of the principal and interest on the debt by a letter of credit, line of credit, or other credit enhancement, any of which must be irrevocable and unconditional, issued by a depository institution: (A) With a net worth of not less than ten million dollars in e.'tcess of the obligation created by the issuance of the letter of credit, line of credit, or other credit enhancement; (B) With the minimum regulatory capital as defined by the primary regulator of such depository institution to meet such obligation; and (C) Where the obligation does not exceed ten percent of the total capital and surplus of the depository institution, as those terms are defined by the primary regulator of such depository institution; or (IV) Issued to financial institutions or institutional investors. (b) Nothing in this title shall prohibit a special district from issuing general obligation debt or other obligations which are either payable from a limited debt service mill levy, which mill levy shall not exceed fifty mills, or which are refundings or restructurings of outstanding obligations, or which are obligations issued pursuant to part 14 of this article. Revenue Bonds The District shall have authority to issue revenue bonds as allowed by Colorado law. Limitations on Developer Repayment If the Developer advances funds to the Commercial District for the purpose of payment of principal and/or interest on any bonds, the obligation of the Commercial District to repay the Developer shall be subject to the limits set forth in the alternative above and may be amortized over time so long as each payment obligation is subordinate to, or has no privilege or priority over, the annual debt service payments required to any third party bondholders. - 8 - ýÿ " . . Facilities Fee The Commercial District may assess a one-time "Facilities Fee" against the property within the District as shown in the proforma. The obligation of the landowner to pay the Facilities Fee shall create a perpetual statutory lien on the Subject Property. Debt Summary The Financial Plan reflects the total amount of bonds to be sold to fmance the completion, construction, acquisition and/or installation of the proposed facilities, including all costs and expenses related to the anticipated bond issuances. The amount of bonds sold will be based upon the final engineering estimates and/or actual construction contracts. Organizational costs, including legal fees, and capitalized engineering costs are to be paid from the proceeds of each bond issue. The interest rates as set forth in the Financial Plan are based upon the advice of Hanifen, Imhoff Inc., proposed underwriters for the Commercial District and Residential District. The Financial Plan projects the anticipated flow of funds and is based upon estimates of construction and project needs for bond proceeds to finance the Commercial District's and Residential District's improvements. The Commercial District's and Residential District's engineer has evaluated the timing and cost estimate of the proposed Commercial District's and Residential District's improvements which are necessary to support the proposed absorptions of development as projected in the Financial Plan and has concurred with the assumptions. The Financial Plan sets forth a reasonable estimate of growth within the proposed Commercial District and allows the Board of Directors a measure of flexibility such that the proposed Commercial District need not incur debt in excess of what it needs to meet a growing population's demands for facilities and services. C. Operations . Annual administrative, operational and maintenance expenses are expected to be minimal, except as may be provided by intergovernmental agreement with the Town, but are estimated at $75,000 per year. Any expenses associated with the above items shall not exceed five (5) mills without approval by resolution of the Town Board. If necessary, however, the proposed Commercial District reserves the right to supplement these revenues with additional revenue sources as described in this Service Plan. The Commercial District may use all or any portion of the operational mill levy for payment of debt. There are statutory and constitutional limits on the Commercial District's ability without an election to increase its mill levy for provision of operation and maintenance services. D. Economic Viability. The Financial Plan illustrates the estimated income and expenses for the Commercial District over a twenty (20) year period presuming issuance of a single series of bonds (the most conservative assumption, as the bonds may be issued in more than one series depending upon the speed of development). The Financial Plan contained in this Service Plan demonstrates the economic viability of the Commercial District. - 9 - . .. . . E. Ente11>rises. In the discretion of the Board of Directors using the procedures and criteria provided by Amendment 1 (Const. Colo. Art. X, Sec. 20) and Colorado law, the District may set up enterprises to manage, fund, and operate such facilities, services, and programs as may qualify for enterprise status. To the extent allowed by law, any enterprise created by the District will remain under the control of the Board of Directors of the District. Security for Debt The District will not pledge any Town funds or assets for security for the indebtedness set forth in the rmancial plan of the District. The Commercial District is expected to pledge the proceeds of the limited mill levy described in the Service Plan for the Residential District to the payment of the Commercial District's bonds. The description of the intergovernmental agreement found in the Service Plan for the Residential District is incorporated herein by reference. Description of Existing Conditions The current assessed value of the land proposed to be within the District is less than $100,000. Current and projected values are described in the attached Exhibits C and E. Anticipated Development The future development projections within the boundaries of the Residential and Commercial Districts are shown on Exhibit C. Public Improvement Schedule The landowners anticipate the completion of the construction of the connection of the above described on site water and sewer lines, and the construction of certain street and drainage way improvements by 1999. Other water, sewer improvements, roads, storm drainage and other improvements are expected to take place as filings are approved by the Town. VI. MODIFICATION OF SERVICE PLAN The District shall obtain the prior written approval of the Town before making any material modifications to this Service Plan as noted herein. Material modifications shall include modifications of a basic or essential nature including any additions to the types of services initially provided by the District, change in dissolution date and change in debt limit. The examples above are only examples and are not an exclusive list of all actions which may be identified as a material modification. The Town's approval shall not be required for mechanical. modifications to this Service Plan necessary for the execution of the original financing plan for public improvements previously outlined in the plan unless otherwise provided in the Service Plan. - 10 - . ,- . . VII. FAILURE TO COMPLY WITH SERVICE PLAN In the event that the District takes any action which constitutes a material modification from the Service Plan without approval from the Town, the Town shall utilize the remedies set forth in applicable law to seek to enjoin the actions of the District. VIII. DISCLOSURE The District shall record a statement against the property within the District, at such time as the property is legally included therein, which statement includes notice of the existence of the District, average expected tax levy, maximum expected tax levy, and maximum allowed tax levy. IX. INTERGOVERNMENTAL AGREEMENTS The following describes proposed intergovernmental agreements: (1) The District may participate in joint financing agreements with other governmental units. (2) The District will adopt a Management Agreement with the Residential District prior to the issuance of bonds by the Commercial District. The Management Agreement contemplates that the Commercial District will provide management services for the Residential District and assist in the coordination of other services for existing and proposed facilities. The Management Agreement would become effective following the organization of the Districts and approval of the agreement by the Boards of Directors of each District. The Management Agreement or a separate intergovernmental agreement shall establish a formal mechanism for input by the Residential District to the Board of the Commercial District. The Management Agreement shall be approved by the Town, signed by the Districts, and ftled with the Town prior to issuance of the first bonds. (3) The relationship between the two Metropolitan Districts, including the means for approving, financing, constructing, and operating the public services and improvements needed to serve the community will be established by means of a District Facilities Construction and Service Agreement ("Facilities Agreement") which will be entered into by the two districts following their organization. Under the Facilities Agreement, the Commercial District will own (until transfer to the Town or others as described above), and construct the public facilities which are necessary to serve the Community. Funding of the public facilities will be provided by both districts. The Facilities Agreement will establish extensive procedures and standards for the approval of facilities design and transfer of funds between the districts. The terms of the Facilities Agreement will be submitted to the electors of both districts for their approval. The Facilities Agreement shall be signed by the Districts and filed with the Town prior to issuance of the first bonds. - 11 - u : ' .. . . Therefore, whenever this Service Plan states that ~e "District" will construct a facility, the "District" may be the Commercial District operating on its own or with the Residential District as provided in the Facilities Agreement. _ do-~:t. ~ t ~ ~ I {O ~ -~ I".~ 0 t.J II' ~ 1J''1~ ~ t2.-pP'f (4) The District will enter into an intergovernmental agreement'w th the To n covering: t5"" 4tt';{tit> Application of Local Laws, Application of Certain Agreements, Issuance of Bonds (including any requirements for the developer to purchase bonds or provide credit enhancements, limitations on remarketing bonds owned by the developer until the debt does not exceed fifty percent (50 %) of the valuation for assessment of the taxable property in the Districts, as certified by the assessor, and triggers or conditions required to exist prior to the sale of bonds), Certain Items Requiring Town Board Approval, Items Requiring Town Board Notification (including default of a bond payment, material failure to complete capital facilities following issuance of bonds to fund such facilities, failure to perform the intergovernmental agreement, and failure to conform to the Special District Act), Limitations on Developer Reimbursements (including the requirement for District fmdings of public purpose and interest rate limitations), Annual Report (including a report of capital expenditures, development activities, next year's District construction plans, and certification that no material deviations from the Service Plan have occurred during the past year), Dissolution, Procedure for Modification of Service Plan, Limitation on Requests to Add Additional Powers, Collection and Allocation of Fees, Procedure for Dedication of Improvements to the Town, and Notice of Meetings. This agreement shall be approved by the Town prior to the issuance of the first bonds. X STATUTORY REOUIREMENTS It is submitted that this Service Plan for the Maryvale Commercial Metropolitan District meets the requirements of the Special District Control Act, meets applicable requirements of the Colorado Constitution, and those of the Town. It is further submitted that: a. There is sufficient existing and projected need for organized service in the area to be serviced by the District; b. The existing service in the area to be served by the District is inadequate for projected needs; c. The District is capable of providing economical and sufficient service to the area within its boundaries; d. The area within the District does have, and will have, the financial ability to discharge the existing and proposed indebtedness on a reasonable basis; e. Adequate service is not, and will not be, available to the area through the Town, the County, or other existing municipal or quasi-municipal corporations, including existing special Districts (other than the District), within a reasonable time and on a comparable basis; - 12 - . . .- . . f. The facility and service standards of the District are compatible with the facility and service standards of the county within which the District is located and each municipality which is an interested party under Section 32-1-204(1), Colorado Revised Statutes; g. The Service Plan is in substantial compliance with a master plan adopted pursuant to Section 30-28-106, Colorado Revised Statutes; J \~ ~ 'b ~ h. The Service Plan is iIv~om~~l~~ ~tth any duly adopted county, regional, or state long-range water quality management plan for the area; and i. The Service Plan will be in the best interests of the area served by the District. - 13 - ýÿ .. , . . INTERGOVERNMENTAL AGREEMENT between TOWN OF FRASER, MARYVALE COMMERCIAL METROPOLITAN DISTRICT, and MARYVALE RESIDENTIAL METROPOLITAN DISTRICT THIS AGREEMENT is made and entered into as of this day of April, 1998, by and between the Town of Fraser, a municipal corporation of the State of Colorado ("Town"), Maryvale Commercial Metropolitan District ("District"), and the Maryvale Residential Metropolitan District ("Residential District") both quasi-municipal corporations and political subdivisions of the State of Colorado (collectively, the "Districts"). RECITALS WHEREAS, the Districts were organized for the purpose, inter alia, of providing water improvements, sanitation and drainage improvements, and street improvements for the benefit of their residents and taxpayers; and WHEREAS, the purposes and powers of the Districts are more specifically set forth in the Districts' Service Plans, approved by the Town on April ___, 1998 ( "Service Plans"); and WHEREAS, the Service Plans contemplate entry into an intergovernmental agreement between the Town and the Districts; and WHEREAS, the Town and the Districts have determined it to be in the best interests of their respective taxpayers, residents, and property owners to enter into this Agreement. COVENANTS AND AGREEMENTS NOW, THEREFORE, in consideration of the covenants and mutual agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Ap~lication of Local Laws. The Districts hereby acknowledge that the property within their respective boundaries shall be subject to the generally applicable ordinances, rules and regulations of the Town relating to zoning, subdividing, building, dedication and acceptance of public improvements, and land use. 2. Application of Certain Aqreements. The District will comply with the approved Planned Development District Plan for Maryvale Village (IIPDD Plan II) and the Amended and Supplemented Annexation Agreement for the Maryvale Village Property (IIAnnexation Agreement" ) as amended and supplemented from time to time. . .' I 3. Issuance of Bonds. a. The District agrees that, in accordance with Section 32-1-1101.5 C.R.S., the District will provide the Town with a minimum of thirty (30) days advance notice of any issuance of new money bonds or the refunding of outstanding bonds. b. To the extent practicable, the District agrees to issue its bonds in phases corresponding to the need for improvements to serve a particular portion of the District. Within the limitations in the Service Plans, Special District Act, and other relevant law, the District anticipates an initial bond issue ,,~ to yield construction funds of about $1.4 million, followed during ~ the next three years by issues to yield construction funds of approximately $4.0 million, $4.0 million, and $2.2 million .~ respectively. The exact timing and size of the issues will depend ~ on the market, cost of issuance, capitalized interest, and other ~ factors; however, the District acknowledges the need for phased ~ bond issues to avoid excessive mill levies and bondholder risk. , "'~ c. The mill levy cap of the Residential District shall .~ ~ not be exceeded without the approval of the Boards of Directors of ~ both Districts and the approval by the Board of Trustees of the ~~~ Town ("Town Board") of a material modification of the Service Plans ~~ for both Districts. ~ ~ .~ d. /The Total Service Plan debt limit in the Service ~ Plan for the/District and the Residential District shall not be ~ exceeded without the approval of the Boards of Directors of both/ Districts and the Town Board's approval of a material modification of the Service Plans for both Districts. e. The District shall not issue general Obligati~n bonds except bonds issued to the developer or with credi enhancement until such time, if ever, as the valuation fo assessment of taxable property within both Districts combined, s certified by the county assessor, equals or exceeds 50% of t e principal amount of general obligation bonds of the Districts. Bonds issued to the developer shall contain terms that prohibit the developer from remarketing the bonds until such time, if ever, as the valuation for assessment of taxable property within both Districts combined, as certified by the county assessor, equals or exceeds 50% of the principal amount of general obligation bonds of the Districts.X ~~ 4 . Certain Items Reauirina Town Board Aooroval. The Districts agree that, other than as allowed by the Service Plans, the following actions that may be undertaken by the Districts shall be subject to the prior approval of the Town Board as evidenced by a resolution adopted by the Town Board; provided, however, that the following actions shall not constitute a material modification of the Service Plan. 2 . I. . a. Inclusions. Other than certain property as described in the Service Plans, the inclusion of property within the boundaries of either of the Districts; b. Exclusions. Other than certain property as described in the Service Plans, any exclusion of property from the boundaries of the Districts; c. Extraterritorial Service. The provision of service to a customer located outside of the boundaries of the Districts; d. Initiation of or Consent to Consolidation. The filing by either District of a request or resolution with the District Court to consolidate with another district; e. Consent for an Overlappinq District. The provision by either District of its consent, if required pursuant to Section 32- 1-107(3) (b) (IV), C.R.S., for the overlapping of any other special district or metropolitan district. 5. Certain Items Recruirinq Notice to Town, Departures. As soon as practicable, the Districts shall provide written notice to the Town in the event any of the following occurs: a. Failure by the Districts to make a scheduled debt service payment when due. b. Failure, for an unreasonable time, to commence or diligently pursue completion of a capital facility to be constructed with bond proceeds after the scheduled start date for construction. The Town acknowledges that certain federal regulations allow at least three years for the construction of facilities following the issuance of certain bonds. c. Failure to perform this Agreement. d. Failure to conform to the Special District Act as it applies to the Districts. The occurrence of any of the foregoing actions or events shall constitute a material departure from the Service Plans; provided, however, that the foregoing are only examples and are not an exclusive list of all matters that may constitute material departures from the Service Plans. In the event of any such material departure from the Service Plans, the Town may pursue the remedies provided by law for any such departure, and/or it may require the Districts to submit a proposal for a material modification of the Service Plans to resolve such departure in accordance with the provisions of Section 8 hereof. 6. Annual Report. The District shall submit an annual report to the Town within 90 days following the conclusion of the 3 ýÿ . .! . Districts' fiscal year. Such report shall include information as to the following matters that occurred during the year: a. Narrative summarizing the Districts' efforts toward meeting their goals, objectives, and schedules. b. Boundary changes made or proposed. c. Intergovernmental agreements made or proposed. d. Material changes or proposed changes in the Districts' operations. e. Any material changes in the financial status of the Districts including revenue projections or operating costs. f. A summary of any litigation which involves the Districts. g. A summary of the capital facilities constructed by the Districts during the past year. h. A summary of residential and commercial development within the Districts during the past year. i. The Districts' schedule of rates, fees, tolls, charges, and penalties. j. Certification by each Board that there have been no actions taken by the respective District that would constitute a material modification of its Service Plan during the past year. k. Proposed capital facility plans for the year immediately following the year summarized in the annual report. 1. Certified assessed valuation in the District. m. Annual District budget. n. Annual audited financial statements or audit exemption application of the District. o. A summary of financial obligations, including total debt authorized and total debt issued. p. Names, telephone numbers, and terms of members of the Board of Directors and officers. 7. Dissolution. Upon the determination by resolution of the Town Board that the Districts have accomplished their objectives, in good faith and at the Districts' expense, the Districts shall file petitions in the District Court for dissolution of their 4 . . . . respective District at the request of the Town if provision for payment of the financial obligations of the District has been made, with dissolution subject to completion of all required statutory and election procedures. The Town agrees that, in the event that the eligible electors voting at a dissolution election do not approve the dissolution, the Town will not request dissolution for a period of at least two years thereafter. 8. Procedure for Modification of Service Plan. Each District shall obtain the prior written approval of the Town before making any material modifications to their respective Service Plan. a. Material modifications shall include modifications of a basic or essential nature including: i. any additions to the types of services initially provided by the Districts, ii. a decrease in the level of services, iii. a decrease in the financial ability of the District to discharge the existing or proposed indebtedness, iv. change in the total Service Plan debt limit, v. change in maximum mill levy, vi. decrease in the existing or projected need for organized service in the area. The examples above are only examples and are not an exclusive list of all actions which may be identified as a material modification. b. The Town's approval for modification shall not be ~ ? required for changes necessa~ only" for the execution of the - original Service Plans as approved by the Town on April 15, 1998 or the execution of the Service Plans if they contain modifications that have been approved by the Town in the future. c. Material modifications of the Service Plan of the District shall be considered by the Town Board pursuant to Section 32-1-204.5 and 32-1-207, C.R.S. as follows: i. Prior to submission of a written proposal to modify the Service Plan, the District shall discuss the proposal informally with the Town Manager and Town Attorney. ii. The District shall set forth, in writing, the proposed modification to the Service Plan (including its purpose and estimated financial impact, if any) in such detail as may be reasonably required by the Town ( II Amendment II) . 5 . .. . iii. The District shall submit one copy of the Amendment to the Town Manager, and one copy to the Town Attorney, at least 5 days before a meeting of the Town Board. iv. At its next meeting after the filing, the Town Board shall set the date, time, and place for a public hearing on the Amendment, such p~b~~j hearin~ shall_~ccur no lateF, tha~ 30 days after the filing, ~~ k. ~-hV\\leJ "'1 ~ -ThVI\ -4? ~ t::ldai"-,.",,j ~ tk~. v. The District shall provide notice by publication as defined in Section 32-1-103(15), C.R.S. of the date, time, place and purpose of the hearing on the Amendment. vi. The Town Board shall hold a public hearing on the Amendment in accordance with its regular procedures for public hearings. vii. The Town Board shall provide a written decision on the proposed Amendment within 10 days of the conclusion of the hearing and adopt an resolution approving, conditionally approving, or disapproving the Amendment as needed. 9. Limitation on Reauests to Add Additional Powers. The Districts shall not request Town approval of a modification of the Service Plan to add a power that is included in the service plan of an overlapping district (such as park and recreation powers) r without first obtaining the consent of such overla pi_~ iSil:J:"i t a~ dtv,tW require]~On 32-1-107 (3) (b) (IV), C .R. S. W... lid .1."" '1; I . - , . f .e 10. 0 lect1.on and Allocat1.on 0 Fees." The wn an Distric fOO-} , from t.ime t~Jt'$leJ enter into intergovernmental agreements concerning theij 0 ection and allocation of their respective rates, fees, tolls, penalties, and charges. Such agreements may include provisions wherein the Town colI cts such fees prior to the issuance of a permit and collects and etains a reasonable administrative fee to provide such service. j J1 J ~~~lVt 11. Develooer Reoavments. In the event that the levefoper '" \ l advances funds to the District or constructs public facilities for ~ ~~ the District, the District may repay such advance or pay for such n ~ facilities; provided, however, that the District, prior to its '0 U payment to the Developer: a. Receives a listing of the advances or facilities and determines that they were for a public purpose and within the powers of the District as described in the Service Plan, and b. In the event payment is to be made with interest, the interest rate paid by the District does not exceed the prime rate as quoted by Norwest Bank of Denver Colorad~} plus two percent, but in no event shall such interest rate be rn excess of 6 fJ1 4~ ~WMri . '. . the percentage rate approved by the eligible electors of the District. 12. Procedure for Dedication of Imorovements to the Town. The Districts intend to dedicate all of the improvements that they construct to the Town or such other entity as the Town may direct. It is the intent of the Districts to operate improvements only during the limited period prior to the acceptance of such dedications or in unusual circumstances, such as when the Town or other recipient does not want to accept the improvement. The dedication of improvements by the Districts and acceptance of improvements by the Town shall be completed in accordance with the generally applicable regulations of the Town governing the dedication and acceptance of public improvements as the same may be amended from time to time. The offering of improvements for dedication by the Districts and the acceptance of improvements offered for dedication by the Town shall not be unreasonably withheld or delayed. All conveyance documents shall be in such form as is reasonably acceptable to the Town. 13. Notice of Meetinqs. The Districts agree that they shall submit a copy of the written notice of every regular or special meeting of the Districts' Boards of Directors to the Office of the Town Clerk, by mail, facsimile or by hand, to be received at least three (3) days prior to such meeting. 14. Entire Aqreement of the Parties. This written agreement constitutes the entire agreement between the parties and supersedes all prior written or oral agreements, negotiations, or representations and understandings of the parties with respect to the subject matter contained herein. 15. Amendment. This agreement may be amended, modified, changed, or terminated in whole or in part only by a written agreement duly authorized and executed by the parties hereto and without amendment to the Service Plan. 16. Enforcement. The parties agree that this agreement may be enforced in law or in equity for specific performance, injunctive, or other appropriate relief, including damages, as may be available according to the laws and statutes of the State of Colorado. It is specifically understood that by executing this agreement each party commits itself to perform pursuant to the terms contained herein, and that any breach hereof which results in any recoverable damages shall not cause the termination of any obligations created by this agreement. 17. Venue. Venue for any action arising out of any dispute hereunder shall be in the Grand County District Court of the State of Colorado. 7 ýÿ . . , . 18. Third Party Beneficiaries. Except as otherwise stated herein, this agreement is intended to describe the rights and responsibilities of and between the named parties and is not intended to, and shall not be deemed to, confer any rights upon any persons or entities not named as parties. 19. Retained Powers. This Agreement shall not limit in any way the police powers and responsibilities of the Town. 20. Effect of Invaliditv. If any portion hereof is held invalid or unenforceable by a court of competent jurisdiction as to either party or as to both parties, such portion shall be deemed severable and its invalidity or its unenforceability shall not cause the entire agreement to be terminated. 21. Assiqnabilitv. Neither the Town nor the District shall assign their rights or delegate their duties hereunder without the prior written consent of the other party. Notwithstanding the foregoing, one District may assign or delegate any or all of its duties hereunder to the other District without the Town's consent. 22. Successors and Assiqns. This agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 23. Dissolution Upon Failure of Certain Condition. The Town has ap~roved the Service Plans of the Districts upon the express condit1on that the Amended and Supplemented Annexation Agreement for the Maryvale Property, dated April 15, 1998, has or will be entered into between the Town and Maryvale, LLC and will become effective, as provided in Section 3.1 of said Agreement, and upon the adoption of a revised PDD Plan for the Maryvale Property as provided in said Agreement. The Districts shall not authorize the issuance of any debt of enter into any other financial obligations unless and until such conditions are satisfied. If such conditions are not satisfied, for any reason, on or before June 30, 1998, then the Town may apply for the dissolution of the Districts in accordance with the provisions of Section 32-1-701(3) and 32-1- 704(3) (b), without posting any bond for expenses, and the Districts' Boards of Directors shall promptly cause the Districts to be dissolved. If this conditions set forth in this section have been satisfied, upon the written request of either or both of the Districts, the Town shall promptly provide a written certification to Districts that such conditions have been fully satisfied. 8 ýÿ . ' . . . MARYVALE COMMERCIAL METROPOLITAN DISTRICT ATTEST: By: Its: MARYVALE RESIDENTIAL METROPOLITAN DISTRICT ATTEST: By: Its: TOWN OF FRASER, COLORADO ATTEST: By: Its: 9 ýÿ ~ . ~ . 1/8 -f~ Z- gg20LU1:.l0N Qf: ARPROYAL (Maryvale Residential Metropolitan District) WHEREAS, pursuant to the provisions of Title 32, Article 1, Part 2, C.R.S. as amended, the Board of Trustees of the Town of Fraser, Grand County, Colorado (the "Board of Trustees" and the "Town"), on August 28, 1996 adopted Resolution 8-1-96, a resolution which conditionally approved the Service Plan of the proposed Maryvale Residential Metropolitan District, which resolution was subsequently amended by Town of Fraser Resolutions 2-3-97, 9-1-97, and 3-1-98 (collectively, the "Original Resolution") ; and WHEREAS, the Original Resolution contemplated further proceedings by the Town to review the Service Plan and the adoption of a final resolution of approval or denial; and WHEREAS, the Board of Trustees has conducted such further proceedings; and WHEREAS, the petitioners and proponent, Maryvale, L.L.C., (collecti vely, the "Proponent") have provided additional information to the Town relating to the Service Plan; and WHEREAS, it appears that the Service Plan may be approved with certain conditions, as permitted by Section 32-1-204.5(1) (c) of the Colorado Revised Statutes; and WHEREAS, the Proponent has agreed to the conditions placed by the Town on the approval of the Service Plans as set forth herein for the Maryvale Residential Metropolitan District. THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO: Section 1. That the Board of Trustees of the Town of Fraser, Colorado, does hereby determine that all of the requirements of Title 32, Article 1, Part 2, C.R.S. , as amended, relating to the Service Plan for the proposed Maryvale Residential Metropolitan District have been fulfilled. Section 2. That the Board of Trustees of the Town of Fraser, Colorado, has jurisdiction over the subject matter of this proposed special district pursuant to Title 32, Article 1, Part 2, C.R.S. , as amended. Section 3. That the Board of Trustees and the Proponent agree that the Service Plan be approved by the Board of Trustees, subject to the following conditions that are, by this reference, incorporated into the Service Plan: The approved Service Plan shall be the Service Plan attached here to as Exhibit A, which is incorporated herein by reference. Any prior service plan filed with the Town or with the Grand County District Court shall not be used. Within 45 days of the date of this Resolution, the Proponents shall file a certified copy of this ýÿ . ' . . Resolution and the approved Service Plan attached hereto in the file for Case No. 96 CV 110 of the Grand County District Court. Section 4. By its approval and acceptance of this Resolution, the Proponent agrees to indemnify and hold harmless the Town of Fraser, its officers and employees, (collectively "Town") , from and against any and all liability or loss, including reasonable attorney fees and litigation expenses, resulting from any claim or demand made upon the Town arising from or relating to the organizational process employed for the organization of the Maryvale Residential Metropolitan District and the Maryvale Commercial Metropolitan District. It is further understood and agreed that the Town is relying on, and does not waive or intend to waive by any provision of this Resolution, the monetary limitations or any other rights, immunities, and protection provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq., as from time to time amended, or otherwise available to the Town, its officers, or its employees. Section 5. That, subject to the conditions set forth in Section 3 above, the Board of Trustees of the Town of Fraser, Colorado, does hereby find and determine that: (a) There is sufficient existing and projected need for organized service in the area to be served by the proposed District. (b) The existing service in the area to be served by the proposed District is not adequate for present and projected needs; (c) Adequate service is not, and will not be, available to the area through the Town, the County, or other existing municipal or quasi-municipal corporations, including existing special districts, within a reasonable time or on a comparable basis; (d) The proposed special district is capable of providing economic and sufficient service to the area within its proposed boundaries; (e) The area to be included in the proposed District has, or will have the financial ability to discharge the proposed indebtedness on a reasonable basis; (f) The facility and service standards of the proposed District are compatible with the facility and service standards of the Town; (g) The proposal is in substantial compliance with the applicable master plan; (h) The proposal is in compliance with any duly adopted water quality management plan for the area; and 2 ýÿ . . . . (i) The creation of the proposed District will be in the best interests of the area proposed to be served. Section 6. That Board of Trustees hereby takes final action on the Service Plan by resolution, granting final approval as stated herein. The Town grants its approval for the Proponent to obtain an order of the Grand County District Court providing for the establishment of the proposed District. The Board of Trustees directs the officers of the Town to execute and provide a certified copy of this Resolution for the proponents to file with the Grand County District Court. Section 7. That a certified copy of this Resolution be forthwith submitted to the Proponent for the purpose of filing in the District Court in and for Grand County for further proceedings. ADOPTED AND APPROVED this ____ day of April, 1998. TOWN OF FRASER, COLORADO (S E A L) Mayor ATTEST: Town Clerk APPROVED AND ACCEPTED BY THE PROPONENT: MARYVALE, L.L.C. Manager Manager 3 '" ~ e . 18 ~ 1- I R~~QLUT.IQN OF APPROVAL (Maryvale Commercial Metropolitan-District) WHEREAS, pursuant to the provisions of Title 32, Article 1, Part 2, C.R.S. as amended, the Board of Trustees of the Town of Fraser, Grand County, Colorado (the "Board of Trustees" and the "Town") , on August 28, 1996 adopted Resolution 8-2-96, a resolution which conditionally approved the Service Plan of the proposed Maryvale Commercial Metropolitan District, which resolution was subsequently amended by Town of Fraser Resolutions 2-4-97, 9-2-97, and 3-2-98 (collectively, the "Original Resolution") ; and WHEREAS, the Original Resolution contemplated further proceedings by the Town to review the Service Plan and the adoption of a final resolution of approval or denial; and WHEREAS, the Board of Trustees has conducted such further proceedings; and WHEREAS, the pet it ioners and proponent, Maryvale, L. L . C. , (collectively, the "Proponent") have provided additional information to the Town relating to the Service Plan; and WHEREAS, it appears that the Service Plan may be approved with certain conditions, as permitted by Section 32-1-204.5(1) (c) of the Colorado Revised Statutes; and WHEREAS, the Proponent has agreed to the conditions placed by the Town on the approval of the Service Plans as set forth herein for the Maryvale Commercial Metropolitan District. THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO: Section 1. That the Board of Trustees of the Town of Fraser, Colorado, does hereby determine that all of the requirements of Title 32, Article 1, Part 2, C.R.S. , as amended, relating to the Service Plan for the proposed Maryvale Commercial Metropolitan District have been fulfilled. Section 2. That the Board of Trustees of the Town of Fraser, Colorado, has jurisdiction over the subject matter of this proposed special district pursuant to Title 32, Article 1., Part 2, C.R.S. , as amended. Section 3. That the Board of Trustees and the Proponent agree that the Service Plan be approved by the Board of Trustees, subject to the following conditions that are, by this reference, incorporated into the Service Plan: The approved Service Plan shall be the Service Plan attached here to as Exhibit A, which is incorporated herein by reference. Any prior service plan filed with the Town or with the Grand County District Court shall not be used. Within 45 days of the date of this Resolution, the Proponents shall file a certified copy of this \. . 1" d h. d . 1. , Reso utlon an t e approve Servlce P an attached hereto ln the file for Case No. 96 CV 111 of the Grand County District Court. Section 4. By its approval and acceptance of this Resolution, the Proponent agrees to indemnify and hold harmless the Town of Fraser, its officers and employees, (collectively "Town"), from and against any and all liability or loss, including reasonable attorney fees and litigation expenses, resulting from any claim or demand made upon the Town arising from or relating to the organizational process employed for the organization of the Maryvale Residential Metropolitan District and the Maryvale Commercial Metropolitan District. It is further understood and agreed that the Town is relying on, and does not waive or intend to waive by any provision of this Resolution, the monetary limitations or any other rights, immunities, and protection provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq., as from time to time amended, or otherwise available to the Town, its officers, or its employees. Section 5. That, subject to the conditions set forth in Section 3 above, the Board of Trustees of the Town of Fraser, Colorado, does hereby find and determine that: (a) There is sufficient existing and projected need for organized service in the area to be served by the proposed District. (b) The existing service in the area to be served by the proposed District is not adequate for present and projected needs; (c) Adequate service is not, and will not be, available to the area through the Town, the County, or other existing municipal or quasi-municipal corporations, including existing special districts, within a reasonable time or on a comparable basis; (d) The proposed special district is capable of providing economic and sufficient service to the area within its proposed boundaries; (e) The area to be included in the proposed District has, or will have the financial ability to discharge the proposed indebtedness on a reasonable basis; (f) The facility and service standards of the proposed District are compatible with the facility and service standards of the Town; (g) The proposal is in substantial compliance with the applicable master plan; (h) The proposal is in compliance with any duly adopted water quality management plan for the area; and 2 ýÿ \,. . .0 . (i) The creatJ.on of the proposed District will be in the best interests of the area proposed to be served. Section 6 . That Board of Trustees hereby takes final action on the Service Plan by resolution, granting final approval as stated herein. The Town grants its approval for the Proponent to obtain an order of the Grand County District Court providing for the establishment of the proposed District. The Board of Trustees directs the officers of the Town to execute and provide a certified copy of this Resolution for the proponents to file with the Grand County District Court. Section 7. That a certified copy of this Resolution be forthwith submitted to the Proponent for the purpose of filing in the District Court in and for Grand County for further proceedings. ADOPTED AND APPROVED this ____ day of April, 1998. TOWN OF FRASER, COLORADO (S E A L) Mayor ATTEST: Town Clerk APPROVED AND ACCEPTED BY THE PROPONENT: MARYVALE, L.L.C. Manager Manager 3 ýÿ . . . . MINUTES OF A REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO The Board of Trustees of the Town of Fraser, State of Colorado, met at the Town Hall in Fraser, Colorado, the present meeting place of said Board, in regular session, at the hour of 8:30 o'clock p.m., on the 15th day of April, 1998. The meeting was called to order by the Mayor, and upon roll call the following were found to be present, constituting a quorum: Present: Mayor Jeff Johnston Trustee Liz McIntyre Trustee Kit Klancke Trustee Rebecca Swatzell Trustee Cheri Sanders Trustee Mike Rantz Trustee Dennis Soles Absent: (None) There were also present: Town Manager, Chuck Reid; Town Planner, Catherine Trotter; Town Clerk, virginia winter; and Town Attorney, Rod McGowan. OTHER BUSINESS The Mayor presented to the Board a proposed Amended and Supplemented Annexation Agreement for the Maryvale Property dated April 15, 1998 between Maryvale LLC and the Town of Fraser. It was duly noted that the proposed Agreement, if approved, would become effective only upon annexation of the Additional properties owned by Maryvale LLC and approval of a revised PDD Plan for those and other properties owned by it. The Board discussed the terms and conditions of said Agreement to determine if it should be approved by the Board of Trustees. A copy of the Agreement was ordered attached to these Minutes as Exhibit A. The Mayor then presented and introduced an Ordinance entitled: AN ORDINANCE APPROVING AN AMENDED AND SUPPLEMENTED ANNEXATION AGREEMENT FOR THE MARYVALE PROPERTY. Attorney McGowan stated that the Ordinance had been drafted by himself and was in ýÿ , . . proper form. The title of said Ordinance was read, and the Ordinance is as follows: See ~ttached Exhibit B, which is a complete, true and correct copy of said Ordinance, and which by this reference is made a part hereof. The Mayor then called the question of approving or disapproving said Ordinance and the Amended and Supplemented Annexation Agreement for the Maryvale Property. It was then moved by Trustee , and seconded by Trustee , that all rules of this Board which might prevent, unless suspended, the final passage and adoption of this Ordinance at this meeting be, and the same hereby are, suspended for the purpose of permitting the final passage and adoption of said Ordinance at this meeting. The question being upon the suspension of the rules, the roll was called with the following result: Those voting Aye: Those voting Nay: Those absent: There being a quorum of the Board of Trustees present, and all those present having voted in favor of said motion, the presiding officer declared said motion carried and the rules suspended. Trustee then moved that said Ordinance be passed and adopted as read. Trustee seconded the motion. The question being upon the passage and adoption of said Ordinance, the roll was called with the following result: Those voting Aye: -2- ýÿ . . Those voting Nay: Those absent: There being a quorum of the Board of Trustees present, and all those present having voted in favor of said motion, the presiding officer declared the said motion carried and the Amended and Supplemented Annexation Agreement for the Maryvale Property approved. Trustee then moved that said Ordinance be published in the Winter Park Manifest, the same being a newspaper of general circulation in the Town of Fraser, said publication to appear as soon as possible in said newspaper. Trustee seconded the motion. The question being upon the passage and adoption of said motion, and the publication of said Ordinance, the roll was called with the following result: Those voting Aye: Those voting Nay: Those absent: There being a quorum of the Board of Trustees present, and all those present having voted in favor of said motion, the presiding officer declared the said motion carried and instructed the Town Clerk to accomplish such publication. The next item of business on the agenda was a Petition for Annexation submitted by Maryvale LLC regarding certain property adjacent to the Town boundaries. Mayor Johnston then called to order the public hearing on the matter. -3- . . . It was duly noted that a notice of the public hearing had been published as required by law and proof of publication of such notice had been received from the winter Park Manifest. Additionally, it was noted that the Town Clerk had complied with the provisions of C.R.S. 31-12-108 and notified the County Commissioners, the County Attorney, school district and special districts as required by law of the hearing on this annexation. Attorney McGowan indicated that the total annexation area was more than 10 acres, which would require that an annexation impact report be prepared unless waived by agreement of the Town and Grand County. It was reported, however, that an agreement had been reached between the Town and the Board of County Commissioners that the annexation impact report would be waived in this instance. Mr. McGowan advised that he had examined the Petition and had found it to be in substantial compliance with the applicable provisions of Title 31, Article 12, Section 107, Subsection 1, of the Colorado Revised Statutes, as amended, and with the Municipal Annexation Act of 1965. Mr. McGowan further advised that the Petition was signed by the owners of one hundred percent (100%) of the property proposed to be annexed, exclusive of streets and alleys; and as a result, the Board could annex the property by Ordinance. The Board was further advised that if it wished, it could proceed with the annexation since a quorum was in attendance. The following Exhibits were presented to the Board for its consideration in the annexation of the subject property: Exhibit C - Petition for Annexation Exhibit D - Annexation Map Exhibit E - Resolution No. 3-4-98 of the Board of Trustees, setting this matter for public hearing Exhibit F - Notice of Public Hearing regarding annexation of subject property Exhibit G - Publisher's Affidavit of publication of the Notice of Public Hearing Exhibit H - Certificate of Mailing of Notice of Public Hearing to government offices, pursuant to C.R.S. 31-12-108. Exhibit I - County approval for waiver of annexation impact report. -4- ýÿ . . . Exhibit J - Recommendations from Fraser Planning Commission, regarding proposed annexation. Exhibit K - Trustee moved that the above described Exhibits be admitted as evidence in connection with the proposed annexation and zoning of the subject property. Trustee seconded the motion. The question being upon the passage of said motion, the roll was called with the following result: Those voting Aye: Those voting Nay: Those absent: There being a quorum of the Board of Trustees present, and all those present having voted in favor of said motion, the presiding officer declared said motion carried and the resolution passed. The Board then heard evidence in the nature of testimony from Town staff, the Applicant and the general public. The Board discussed and considered the evidence, including the Exhibits described above. Trustee moved that the following resolution be passed: RESOLVED, that the Board of Trustees finds and determines as follows: -5- ýÿ . . . ( 1) That the Petition for Annexation, a copy of which is attached hereto, identified as Exhibit "C", which by this reference is made a part hereof, is substantially in compliance with Title 31, Article 12, Section 107, Subsection 1, of the Colorado Revised Statutes, as amended, and with the Municipal Annexation Act of 1965; ( 2 ) That it is desirable and necessary that the territory set forth in such Petition be annexed to the Town of Fraser; (3 ) That not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the Town of Fraser; (4 ) That a community of interest exists between the territory proposed to be annexed and the Town of Fraser; ( 5 ) That the territory to be annexed is urban or will be urbanized in the near future; (6) That the territory proposed to be annexed is integrated or is capable of being integrated with the Town of Fraser; ( 7 ) That the requirements of Sections 31-12-104 and 31-12-105, Colorado Revised Statutes, as amended, exist or are met; ( 8 ) That no additional terms and conditions are to be imposed upon the area proposed to be annexed, other than those terms and conditions agreed to by the petitioning landowner and the Board of Trustees as set forth in the Amended and Supplemented Annexation Agreement for the Maryvale Property identified as Exhibit A; and ( 9 ) That no annexation election is required under Section 31-12-107(2), Colorado Revised Statutes, as amended. Trustee seconded the motion. The question being upon the passage and adoption of said resolution, the roll was called with the following result: -6- . . . , . Those voting Aye: Those voting Nay: Those absent: There being a quorum of the Board of Trustees present, and all those present having voted in favor of said motion, the presiding officer declared said motion carried and the resolution passed. Mayor Johnston thereupon introduced an Ordinance, entitled: AN ORDINANCE PROVIDING FOR THE ANNEXATION OF TERRITORY TO THE TOWN OF FRASER, COLORADO. Mayor Johnston stated that said Ordinance had been drafted by the Town Attorney pursuant to authorization previously given by the Board. The title of said Ordinance was read, and the Ordinance is as follows: See attached Exhibit ____, which is a complete, true and correct copy of said Ordinance, and which by this reference is made a part hereof. It was then moved by Trustee and seconded by Trustee that all rules of this Board which might prevent, unless suspended, the final passage and adoption of this Ordinance at this meeting be, and the same hereby are, suspended for the purpose of permitting the final passage and adoption of said Ordinance at this meeting. The question being upon the adoption of said Ordinance and suspension of the rules, the roll was called with the following result: Those voting Aye: Those voting Nay: -7- ýÿ . . . . . Those absent: There being a quorum of the Board of Trustees present, and all those present having voted in favor of said motion, the presiding officer declared said motion carried and the rules suspended. Trustee then moved that said Ordinance be passed and adopted as read. Trustee seconded the motion. The question being upon the passage and adoption of said Ordinance, the roll was called with the following result: Those voting Aye: . Those voting Nay: Those absent: There being a quorum of the Board of Trustees present, and all those present having voted in favor of said motion, the presiding officer declared the said motion carried and the property described in said Ordinance annexed to the Town of Fraser, Colorado, and zoned as provided therein. Trustee then moved that said Ordinance be published in the Winter Park Manifest, the same being a newspaper of general circulation in the Town of Fraser, said publication to appear as soon as possible in said newspaper. Trustee seconded the motion. The question being upon the passage and adoption of said motion, and the publication of said Ordinance, the roll was called with the following result: Those voting Aye: -8- . . . . . Those voting Nay: Those absent: There being a quorum of the Board of Trustees present, and all those present having voted in favor of said motion, the presiding officer declared the said motion carried and instructed the Town Clerk to accomplish such publication. Mayor Johnston thereupon instructed the Town Clerk to file copies of the annexing Ordinance and map with the proper officials as required by Section 31-12-113, Colorado Revised Statutes, as amended. Thereupon, after considering other matters not concerning the foregoing Ordinance, upon motion duly made, seconded and unanimously adopted, said meeting was adjourned. TOWN OF FRASER, COLORADO BY: Mayor ATTEST: Town Clerk ( SEA L ) -9- C:\WP\FRASER\MARYVALE\Annex-1998-DWB\Minutes.wpd ýÿ ~ .t . ~ . MEMOR.-\l'OeM TO: Hmvard Moodv, Chuck Reid. Gary DeFrange. Catherine Ross FROM; Darvl K. Shnun DATE: April 1, 1998 RE: Grand County Housing Authority / Execuri\'e Director As most of you know, we had productive meetings on March 11 and April 1, where affordable housing strategies were dis(.'USsed. The following material is intended to generate "further discussion" at the Mayors, Managers and Commissioners Meeting scheduled in Fraser on April 13 . 1. Fraser, Winter Park, WPRA and the County have agreed to each allocate 525,000 annually for four to five years for the purpose of funding a new Grand County Housing Authority. A Memo ofUnderstand.i.ng (MOU) should be prepared and executed by the end of April formalizing the terms of agreement between these four entities. Howard Moody has volWlteered to write a draft MOt: which may be available for review at the Mayors, Managers and Conunissioners NIeeting. 2. The 5100,000 annual budget will be controlled by a newly approved five-member Housing Authority. According to State Law (29-4-504), the chairperson of the Board of County Commissioners (BOC) appoints the five members and selects the first chairperson. In our case, the Board members should be representatives from the fllla.l1cially participating entities and possibly from the other four towns in Grand County. For example, one Board member is selected by each of the following five organi7..ations and is then formally appointed by the Chairman of the BOe. A. Fraser Board of Trustees B. Winter Park Town COWlcil C. WPR..o\. Board of Directors D. County Conunissioners E. Board of Trustees from Granby, Grand Lake, Krenunling; and Hot Sulphur Springs 3. The Housing Authority By-Laws, etc. should be drafted by one of our attorneys or a group of cheu1- There is <l lot of St'.lttltory law in Colorado concerning housing authorities. 4. It is important that the Housing Authority represent the entire CoWlty (all towns and wlincorporated areas). Apparently, a County-wide approach is well received when applying for grants. .A.s J. result, it is hoped that Kremmling, Hot Sulphur Springs, Grand Lake and Granby will be able to provide some level of tu.nding in 1998 and beyond. It is my belief that many of the housing problems now being confronted i.n the Fraser Valley will be prevalent throughout the COWlty in dle very near future (two to five years). This trend is easy to predict by taking into .lCCOlUlt examples in Pitkin. Garfield, SUIlunit, E.lgle and r .ake cOtUlties, etc. . . ~ . . f;. To d~\te it has been discussed that the most pressing nct:ds for ~lilordJble hOllsing are in the Fraser \'~tlley (Re::d Dirt Hill to the Ski Areal. This nmy mean that, ~\t least initially or unwl.:onJitions dl,ulge, the:: emphasis for constructing affordable housing lUlitS should tOcus in areas located in the Fr;l.Ser V.illey or at least dose to the Valley (Granby, SilverCreek'L We ill know that transportJ.tion considerations \Viti also need to be taken imo account when detining the pros .uld COllS of a specitic housing complex location and type of proJect. 6. The Fraser Valley Housing Fowldation is a major player and we need co further discuss their pOtential role( s ) . 7. A job description for an Executive Housing Director needs to be written, 'with the ad hopefully being placed throughout the State within the next si.,,< weeks. We have been told that hiring an individual with housing eA-perience in Colorado would be gready beneticial. I am guessing that this individual will need to be paid at least S50,000 plus benefits. John Pollack with the Colorado Division of Housing and Jane Harrington, Summit County consultant, have agreed to assist us with the hiring process. Ironically, the largest stumbling block in hiring a highly qualified director may be the inability to tind affordable housing. The Director's fringe benefit package may need to be provideu by Gra.nd County but obviously would be paid for out of the $100,000 operating budget. 8. The Housing Director can initially office at the Fraser Valley Chamber of Commerce building in Winter Park, based on a geucrous offer from Catherine Ross. The details of office support (typing, receptionist, computers, phones, fuminlre, general overhead costs, etc.) need to be defmed. Please share this information with your Board members and/or other members in your organization. Again, this material is intended to generate conversation and more refmement is necessitated. In smnmary, it is imperative we get actively involved in housing since the problems are now becoming severe. The private sector at some point in time also needs to be plugged in to the equation. I am willing to devote the necessary time to get these work programs implemented as soon as possible. I look forward to hearing from you about your thoughts and ideas. DKS;nun . . 3 April 1998 Mayor Jeff Johnson The Town of Fraser Post Office Box 120 Fraser CO 80442 Dear Jeff: I would like this letter to serve as my resignation letter in the event that I am elected to the Town Board on April 7th. I would also appreciate it if Chuck would contact the next highest vote getter at that time. I I would also ask you and the Town Board to appoint me to the Winter Park Fraser Valley Chamber of Commerce Marketing Committee as the Town's representative. I have held this position for four years now. With my experience and understanding of the issues dealt with on this committee it would be of value to both the Town and the committee ifl was i to remain. As my term comes to an end I would like to say that my four years as a Fraser Trustee have been very rewarding and quite the educational experience. Serving on the Town Board was far harder and much more involved than I had ever imagined. I commend the current Board for a job well done under very challenging circumstances. I would also like to welcome any new members to the Board. I look forward to being an active participant in the audience! Sincerely, ~dA Nathaniel Havens Mayor Pro-Tern (the last time I get to use the title!) ýÿ MARYV ALE VILLAGE PROPERlY DESCRIPTION PLANNED DEVELOPMENT DISTRICT lANDS lOCAlED IN THE SOU1ll HALF OF THE SOU1H HAlF OF SECTIIlN 20. THE SOUlH HAlF OF THE SOI1TIlWEST QUARlER OF SECllON 21, SECTION 28 AND SECllON 29 AU. IN TOWNSHIP 1 SOUTH, RANGE 75 PAGE 1 OF 2 WEST OF THE 9X1H PRlNOPAl. IolERIllIAN, OOUNTY OF GRAND, STATE OF ClllORAIIO, DESCRIBED AS FOlLOWS; lIIAT POR1lON OF THE SOUTHWEST QUARlER OF THE ".'" SOUTHWEST QUARlER OF SAID SECllON 20 L'/ING NORTHERLY AND EASTERLY OF THE SOUTHERN PAQFIC Pt.AHNNO AREA 10W RAIlROAD RIGHT OF WA Yo fIIcmalng ANa 10W t. opproxfmaWy 10 GO.- h .. ClAd II TpGE1IIER WllH lIIAT PORTION OF THE SQUlHEAST =: ~ ~a:.=:: :.e-CfalnlJO ~ QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION =~ :.a6~:'::" ~ =re.:: . 20 LYING SOU1HERL Y AND WESTERLY OF HIGHWAY NO. 40: otnNd to buftW tile ~ tRJab. ftIIlId:nam bddi:Ig TOGElHER WI1H THE SOOTH HAlF OF THE SQUlHEAST __"""'__"35tool. QUARlER OF SAID SECTION 20; PI.ANIINO NfEJo mr TOGElHER WI1H THE SOOTH HALF OF THE SOU1HWEST flIa:tmhg~ttWoaatGTIl:s~824CfttS. ilia QUARlER OF SAID SECTION 21: rmended to consfd of up to 171 tlDfe-fomI~ pIamed ot ~~~c.=--..ahn::...::= TOGElHER WI1H THE NORlHEAST QUARTER OF SAID =::'~'7~-=t~':.~ SECTION 28; =;:'~~bMn~~Uda TOGElHER WI1H THE N(lIfIIf HAlF OF THE SOU1HEAST -- ""'----..""'- QUARlER OF SAID SECTION 28; Areo...teet. TOGElHER WllH lHAT PORTION OF THE NOR1Il\lEST Pl..A!88tG AREA 1ZW QUARTER OF THE SOlI1HlIEST QUARlER OF SAID SEcnON :':Ig Arw 'Z:;-:-~~~""_~ 2B L'/ING N<lRTHERL Y OF THE RIGHT OF WAY OF KINGS CROSSING ROAD AS DESCRIBED ON A lAND SIIR'IEY PlAT ann. ~ ..-oglJ 9'0" demdtr at ~ .45 uab pr RECOlIIED UNlEft _lION NUMIl!R 96007615 IN acn cr Q rncD::1l:nr.n of 20 anI'Ia. ..... ON ..... to k .... iomBJ THE OFFICE OF THE GRAND <XlUN1Y a.ERK AND ~~ an:. -:UC~'W:"~~1s not RECOlIIER; ~ dea:altJd be bcrei:I:W.d to 47 kltd anIllI to aIbf fat tbe dIstrt:lcdfGft of a 0'UlIcIpd .... ODd __ 1I)I:d8In. '1h&I. Area TOGElHER WI1H lIIA T POIl1lON OF THE SCU1lllll:ST will ~ a fDaped tVOdwaJ ~ diIIbIDg a ..... of steip QUARTER OF THE SOlI1HWEST QUARlER OF SAID SECllON ~~"'~Q~=,~::oaorih. 28 L'/ING NORlHERL Y OF SAID RIGHT OF WAY OF KINGS ..36...... CROSSING ROAD: ........... NfEJo _ TOGElHERWI1H THE NCR1HWEST QUARTER OF SAID PIarlIIhg kea 13W CDGtahs ~ 17G (I:Clla, It 11 SECTION 28; t:atn:Ied to consist of .. tB-bole ~ cd . be subject \llCMTYUAP to the crtt.b as set torth In the SIgnGtare Staha TOGElHER WllH THE NORlHEAST QUARlER OF SAID N.T.s. ~.b; :-~~:.:~~:.... SECllON 29: ...-- TOGElHER WI1H lHOSE PORlIONS OF THE SOUllfEAST PLANNING AREA D~PTlONS QUARlER OF SAID SECTION 29 AS IlESCRIIED AS PARCEl 3 AND PARCEl 4 UNDal REa:PTION NlJIlBBl 97002916 ~~:::..:::~.:.: :-.c;:;;;"''''::-- PlMNINO AREA 12E'.. 13E. 14E ..........0 NfEJo .. IN THE OFFICE OF THE _. COUN1Y Q.ERK AND RECOlIIER; ----...-...-- n... PIonnbg ArwlJ eft odj:aat to US ~ 40 enS en fI'kInnIDg lAG 8W Is ~, 20 ..... ta .. end Is ........_....._tllo_..........__to PfOSIIOIOCI fora wartetyofm1a:wS uact.1IhICIb maylntludo cnpoaecI to hdado lIP to 419 townhome 4Dd CiOftdoatim anfts TOGElHER WI1H lIIA T POIl1lON OF THE NORTH HAlF Of ..-. __"'I"'_==::; _ C!llweGcao lodgi!lafaptCl6Dud& 1heArllGhlaGttroct1we Areas 12E cmd 14; .. reqssh CKlClI98 aft ~ 4Q" ... ... to the narth 0Bd f:aIt CoclIdng fMI the 9llIf __ tIlMlrd THE NORlHllEST QUARTER OF SAID SECTION 29 LYiNG In fIIaar*'9 Aqa tbaI en dI rafdentJaI. dO stnJctures 8IldI Area 1. -=J' have IJrited CICQ!SI8 an US HJgbway 1ltese the hIIaIdes an tile fa' tide of US HfGbwcJ 40. ~ III NORlHERLY AND EASTERLY OF THE SOUTHERN PACIFIC acn.ratotbe ~ ~ 2D faet In tile hnt.1Ofeot III ........ _ for _ __:=. Wt cna r. expl!IIlItelI to be ~ dua:tered end ~_ot RAIUlOAIl RIGHT OF WAY: the NCII'. cad 7 r.t ir the.... PbdDg Ana8 .,. cnI 7Wc en .... -. ~.... ME :..:..?:.~... __,..-. A_~"._"_ -....---..-.... .-..._- '5lr!p -- ::. .. t::: ~ ':':' :.... ":':r' ~...":' ::":.. TOGElHER WI1H THE SOOTH.1iAlF Of THE SOU1HWEST gtIized ra e- I'IcInUIg At-. YarIlDoes hm these setbcda =-'~.:'"- ~-:...,..==::... =~~~...!-.............. -- maxfaua btzIcIb) hIIgbt a&a.lld 1n tbl:I AannllIt Ana .. 4S QUARlER OF SAID SECTION 29: IXJffera. Zero lot ~ bla aao.d " tit PIaMhg Ina. tool. ! , 1bIl ~ bUIIdbg' heif't ~ fa thra fISalmhg oVea (:s EAS1ERN PLMNIIG AREAS 35...... A__-_US_..... ..........0 NfEJo OW I TOGElHIR WI1H lIIA T PORllON Of THE NORTHEAST been dafoFated .. 15 feet. QUARTER OF 1HE SOUlHEAST QUARTER OF SAID SECTION Equre;sbtcm end ~ lid trda .m be an GDaMlbIe UM ill thb PIarmIng /no hot be8n ~ far tblt ~ fDllIJty 29 LYING NORTHERl. Y AND EASTERLY OF THE SOUTHERN all eaatem PIoaI'*'g ANa. ~'llltbt!letdfClClll!W. ItwDIlDcbilltM~ PAaF!C RAIlJlOAO RIGHT OF WAY: _ PAR<D.S __for__.=- __ ...- AREAS Ir. 2E, 31'. 61'. 61'. 8E off8n CD ~ for porUana of the to be beDahed EXCEPT THE RIGHT OF WAY ~ HlGHWAY NUM8fR 40: Pl.AIINIIIO NIEA'" ~~~~tMI~;'~ .... ::-:t .... .. be ~ em .... lan:J1y ......... -...---J.......- Pb'Iftt'IgAreot.-1M\'IIag$Cerrter..~"ftIORl 36..... EXCEPT '!HE RIGHT OF WAY ~ THE SlllmIERN PACIFIC ----.... "'" detalfDthe~eectIoa. 1b1soreall~33dCRll1 RAIUlOAD: =~J:.::' r.;'.:.. -~-,:, c...~ :C;:=,Ia::;:-~~::"~~~~ PlANNIIll NfEJo "'" .,all ~2DOCIlRIcn:ltnlD;leatad toh:lucleap r. crpeatelS to EMfude rIIIUItf-dory buIdJags ~ b Q dlnlIe" =- ~'t::.:.;:~~ ~ -:::::-:- TRUSTEE'S CERTIFICATE EXCEPT THE lRACT OF lAND CONVEYED BY REGS- ..71..........._ UnIIoaro_.........._ ~~-::"mIX..:.:=~1n WARYVALE, INC. TO TIE EAST GRAND FIRE PROTECnON =.~-"",~~-~.. ~..::.r:: to 60"":, ~ ;",~ro1. ~,':...~ DISTRICT BY INSTRUIIENT RECORDED NOYElOlEll II. 1982 Ih<<Ie Pbwtlag Ana fa a feet. All CD ~ If wdI cmd lIlIll ~..................... "'_1_ - - ~ -.... "_"'Iolo::'t...... APPROVED lHlS _ DAY Of 19_ BY '!HE BOARD IN BOOl( 3'8 AT PAGE: &49 IN lHE OFFICE OF 1HE GRAND ~ b not .....,., .., wi! be Inl:reaed 10 618 total units ~"="''''''f.:,~~~"": edencl bepId tbe trecIiae CJnlClo 1nDIIl atructure:a .. be OF 'lRUSTEEll or THE lllWN OF FRASER. CQLORADO. 1HE lllWN OF FRASER COONTY a.ERK AND RECCRDER: i3 .,. RoaIq __ to Glow tor tba dbtrIlutfon of Q 75 lest ~~.;.:~~.:n~:.~ behbcf .,. prtnary tAle IDe CZI .... an tete pon::d. Zero rot DOES NOT ASSUME IWY RESPONSIBIlITY FOR mE CORREClNESS OR ACCURACY manldpd water Oftd .... tlfSlem. ="1.___"~60"""_'" icea ... be GIoad ir Ulfs fIIcIaIUO A1e4. 1be IDCIlltn&n OF ANY INFORIlA nON DISCLOSED ON lHlS PlANNED IlEVELOPIIENT llIS1RICT EXCEPT THE lRACT OF lAND CONVEYED BY RmS- bulldintbelf#l.taa.edfllWII PIcIDrIng Aftlclll 4OtIet. PlAN NOR ANY REPRESENTAllONS OR _AlION PRESENlED TU THE TOWN WARYVALE, IIlC. TU TIE _ COUN1Y WAlER AND ...- ..... 4E be oaIIoRd .mm 100 IMt of b us .c.o ~ ..........0 NfEJo ,. WHICH IIlDUCED THE TOWN TO GIVE lHlS CER11FICA"IE. SANTAnON DIS1RlCT NO. 1 BY INS1mNENT RECORDED Pl.AIINIIIO NIEA 2W .lILY 28. 1983 IN BOOl( 332 AT PAGE: 677 IN THE =..,"'::.. coo: ~~~~ ~ ~.. PIcmn!:tI:g ANa 7tb ~ of~78 __ GIld., OFFICE OF THE .GRANDCOUNlY a,EllK AND RECORIlER: ;::""~1~ n::=. ~~-:"and~ (II pltmnedforuptot6UDb. ItEslllt!lftdecltotle~GSQ Fi'a!r per tM terma of the AmemUon Aweement. ----..--- ..... :::-=::=~to~~~ wftb ... of the golf ....GDd to. fIse bII:IiSe:s IIIllI'CIIS us EXCEPT lHE 1RACT OF lAND CONVEYED BY RmS- fII...NHtG AREA. 7E -.... ---....-..- WARYVALE, IIlC. TO TIE TOWIl OF FRASER BY WARRANTY IGt ... .. M .... b thls PIcItlmg Area. n.- maldmam dIOlIIdg.__.-ot~ -IMIftb:I eew parclIIII-to tQak liIP the - DEED RECORDED NO\9lIlER 6, 1987 IN BOOl( 427 AT ~ Ana 7E baa ~ pbmBd to ~ appntUaGbI, __._......__.."'tool. -.....- ""'..........--- """'__"35_ PAGE: 60t IN THE OFFICE OF THE GRAND OOUNTY Q.ERK !ill _____.- PI.AlININOAREA 3W MAYOR. TOWN OF FRASER AND RECORDER: .. ~ 2 uab .... CIl::IN _ W. 3t-ocn paIQI. In addHJaa. PlANNIIll ...... _ =-. ":.: ~:-.:.:::' ~~ ,:".:..,ta ~1na3WlIl~aMCIIONcnI"~ EXCEPT lIIAT PARCEl OF lAND KNOWN AS 1RACT 'A". raened tar cIedIcatIoQ to the .... 01 FI'CIef' fer patillo use. =~ "':1r=.o:.~~to9~CZ lO rDCIlIwlIy ClOIlMdIan to tbe TOB of WIatl!t PGIk. 1he mcD:ftnum AIWftGU..,. cd: tbe cbcn!tIcrI of 1M Tawn. tb1I PbriDt AreCI 1lEGIS-1lAR'lVAlE, 1Nt. A SUBDl\1StON ElCEJlPnON AS ---......-.............. .add rsndn fD tbe .-nhfp db qlFIIIcaDt. . Ita ___. ----..--,- RECORDED UNlERRECEPllON NUMIl!R 280227 IN THE ald .'-oped CIII atrardabIe~ f8I1rI8ttUaI ~ .wa ... fit 1IW QDIf ..,.. CIld to tbe tlIIIIdeI ~ us RECORDER'S CERTIFICATE OFFICE OF THE GRAND <XlUN1Y Q.ERK AND RECORDER: ~arCJPQftmeat&. ZCVIGt...."'dIQWd... _... ___011"_"_ ...-..... llE lIlIll__ ""'.........___.. __a1tllo____to_...... EXCEPT THE RIGHT OF WAY OF mAT COUNTY ROAD KNOWN e ANa tE CClI'tI18t8 of ~, 20 ocrea cnI .. lIlIll__..35_ :at:., of'::" ~J5 ~ DICIll:itmm balding bti# oIo.ed ACCEPlED FOR AUNC IN lIlE OFFICE OF THE COONTY Q.ERK AND RECORDER OF AS "FOREST TRAlL" AS RE<XlRDED IN BOOl( 222 AT ..._--.",q...- ...- NIEA .. _. COUNTY. COLORADO ON lHlS ~AY OF PAGE: 248 IN THE OFRGE OF THE GRAND OOUNTY CLERK ......r...t~-....-- .......... NfEJo .. 19_ AT _O'CLOCK _.... .AND RECORDER: COIlIIIer' tbot . to ~ hpacta tlben ~ Area 4W It at area of ~'4 CICIt'Uo ~ ~~r.'::-cnd" .:~~~.r;a.. -':t::..=-- -..-.. =-.:-.. "':: %""::1.:. ':""..: :-..=." RECEPTION NO. I IDducfeh latoohotelotupto.tOOtdt. EXCEPT THE RIGHT OF WAY OF lIIAT OOUNTY ROAD KNOWN aorth GIld..t. A pubIJo peri. at Q mWl:ncm ~ oa.-haIf ~ it 100__ ___ __od!or__ _ AS '0lD KING ROAD" AS RECORDED AT FIlL NlJIlBBl _............,ta.._......_- _ ::.:.~ :-.; :=.. .._-.n.-~ .:c:u... "':.at ~ for ~~ to look:. tt r: ~J::d:: rea" 0080 IN 1HE CIFFItt OF THE _ COUNTY a.ERK ANIl lot he .. be ~ In this Pl4anhg Anlo. The moxiarIm 01 tho ~~ Zero Il)t INs .. be dIo.ed .. _ COUNTY a.ERK AND RECORDER ___..lIlIll__..45..... pecIestrIarJs to InOlfIll freel, from U3D to UIO. A RlGSI;DGbIe RECOlIIER: . IcndIcGpe lluffer ... be dewIaped at 1M cor1heast caner 01 the tt'i1s PlaDftbjJ AtelL 1be ~ baIdhQ ~ -.ed rn A.AJt8IIItIG AREA ttE PIGnBhg Area to beIp mIlI:mJze tbe -.aJ hpact at 1M thls f'IcImIaQ: And Is :m fed. BY: EXCEPT tHAT 5 ACRE TRACT OF lAND CONVEm> BY IlARYVALE, :' ~'::..b ~~ :.r~tar: .r:.1s:;:m ~ deWIGpment hm US ~ 4Q. Zero lot INa wit !be ..........0 NfEJo .. DEP\J1Y a.ERK LLC. TO THE CHURCH AS RECORDED IN 1HE OFFICE OF THE -"""'_Area. ""'_~ .........""'__lollOtool. '_ GRAND OOUNTY Q.ERK AND RECORDER: ::!7:'1..__KGnd.......'to_- __us_........._..75 No ~ "'- .. .. ~J' t2 ocna Ia. .. and pkmtd en! ~ :-u.'7n::::::. o:-~ ~ ~ =~~~t8It~~,:O~71feat for up 130 ~ and 00II4arnIai.Im UIIlI& 1hI pgraI EXCEPT lIIAT TRACT OF lAND KNOWN AS "WAR'lVAlE PlANNING =-= ~~::::~~ -:'0: a: ~ AREA NO.6' A SUBDI1IISIllN EXEIIPnON AS RECORllID IN ~ _ .. be ........ fer 8 ....... to thIa PIaanDg Ana. dlMItbebll8Sckt. lerofotEl1e8.rJbodfolredbtNePlllnrlbg _.A THE OFFICE OF THE GRAND COUNTY a.ERK AND RECORDER; -=.::=.:::r=..:t~.. .... Area. The ~ llUDAIg beIlt4 Glowed ., tt8 PIanImg ,.. lot bee .. be abIed fa thts PIcari1g keG.. 1be roGllhum Area Is 35 felrt. EXCEPT tHAT lRACT OF lAND KNOWN AS "KING'S CROSSNG IluIdlng beWlt GIIowed fit thll PIa:tlnll\t At8a .. 45 fest. SOlAR TOWNHOIIEs" AS RECORDED UNDER RECEP110N NlJIlBBl 177402 tl THE OFFICE OF THE GRANO OOUNTY a.ERK AND , RECORDER: " EXCEPT .THAT PARCEL Of lAND IlESCRlBEll AS AN EXCEPnON PARCEl IN BOOK 442 AT PAGE 607 IN lHE OFFICE OF THE - GRAND COUNTY Q.ERK AND RECORDER: P.R. FLETCHER CONTAING AN AREA OF 945 ACRES MORE OR ~ Be ASSOCIATES, INC. Chril EngIneering. Land Surwytng. Ccnstructlcn Administration 2135 South Ch8lTY Street. Suite 310 Denver, CoJorudo 80222 (303) 758-4058 rAX: (303) 758-4S28 ýÿ r I tHE 100 '!EAR FLOOOPl.AJN SHOWliI HEREON IS fROM F.I.R.II. Maryvole Village I MAP 080305 OO!. EFFEClIYE DAlE NO'JEMBER 15, 1985. Plannln Area DensItIes Mo.of Mo.of I ~ = ~ .,:..TotoI ~tIaI ~ ~ 4--', IE 0.4 59 8.2 22 or I 2E 0.4 14 1.& 5 or 70(4) ;!Il ! ~. ;!IE 0.4 14 1.5 50r 4) 3Jf I~~c;: -4E N 147 - t5.5 IlE Q.3.. '0 1.1 30r 6E 0.4 lIlI ll.8 20 or 3Jf i J 7E 1.8 3! 3.3 SI 410 3Jf I lIE Q.3 48 Ii.! 15 or 3Jf I 9E 17 20 2.' 342 45' lIE 14 10 ... 144 45' '- '2E 14 4 0.4 54 '20 30. 13E '5 8 0.8 90 POSSIBLE IE 12 9 1.0 ,os 000 3Jf 1W Nil 33 3.5 4llO 600 300.- 7If 50' other 2W 18 8 0.8 144 45' 3ft 18 , 0.' 18 3Jf 4W Nil 14 1.& 100 <400 000 50' 3Jf llW 21 20 2.1 419 8ll 45' I 8W Nil 2 G.2 3Jf I 18 " 1 1110 8ll 45' 711> 2.0 8 0.8 18 I 7Iro 1.9 9 t.O 17 3Jf I IIIr 20 .. 0.4 81 3Jf IIW 11 12 Ul ':lO 3Jf lOW 14 10 1..1 144 31f ,,. 2.0 82 8.7 171 3Jf 12W '.1 44 4.7 20 or 3ft 1 - Galt Counlo Nil e.o 34 3.8 '''7 1lUI 948 100 155..- 1 000 (I) __of__locIIIIn9lrilaor_ __ feet _ _ m'" to be __ '" f.P.D.P. (21 2f# -... _ tor _ HoIght _ us 40- (3) IllII6lg IWIlbt -. 200' '" us 40- (0) DonoIly_If"""""""waterGOd_""""", Ie -..-""""*'t- (l!) __..4E_ LEGEND KeY Features - RllIda - TIlIIIs r -- - -.-. DIIIDs & CI8eIcs ~ T....~ ( .... 80dIea . -. --- ~VIIIagIlIloundaJy ........ Anal.lmlll 6E ........ Ana DeelgnldIon --_/--~ EIImIIIan ....... X r-----' I!ldIlIng BuIIdIDgs (!) 1_____.1 <l: 63 PnIIIIIbIe WeIImds ......... .. lD m Plannlna Areas at .... .... ..../1IIgh DoaIiIr-"""" ". .~ AnoIIl.~t2E1._1-4E,I 0 .........., ......... .... ...... .(5W.7W8.IW.IW,iOW,8E,tts) ..... a.- o..a,.......... .... .......