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HomeMy Public PortalAboutTBP 1998-04-29 - . , ~Ju ~~ , , . . TOWN OF FRASER "Icebox of the Nation" P.O. Box 120/153 Fraser Avenue Fraser, Colorado 80442 (970) 726-5491 I FAX Line: (970) 726-5518 Manager's Briefing, 4/24/98 Wednesday night begins with a dinner and a workshop at 6:00 p.m. at which time yo~'ll select a new Mayor Pro Tem and afterwards, we'll discuss the annexation which includes Grand County Water & Sanitation District's land. We choSe not to reproduce the 3 1/2 inch packet and are asking, instead, for you to put you packet together based upon the agenda. Y ou'l1 notice that procedurally, the 224 acre annexation is first on the agenda - I did this this way so that if we approve both annexation petitions, the - second annexation agreement" (agenda item "h") related to Maryvale's 70 acre parcel- does not need to be adopted. If you would like a new packet, or parts of the packet, call Monday. -- The only things that are missing from the packet are two Ordinances: one related tothe zoning of Maryvale's 224 acre parcel and one related to the approval ofMaryvale's amended PDD # 1. - These will-be delivered as soon as we receive them, which should be early next week. The only other potential change is more amendments to the annexation agreement that were requested by 'Maryvale Friday afternoon. Rod McGowan and I will be in a conference call with Maryvale related to these on Monday. A draft with any changes redlined will be provided ASAP. rm annoyed by this but, in fairness to all players, everyone is working all-out on this effort. New items in the packet include memos from Gerry Dahl and myself. Please note that Gerry's memo is confidential - any breaches in confidentiality could impact the pending legal action initiated by GCWSD which does include monetary damages. Call me with questions or, this is a workshop topic for Wednesday. Its my family's Antique Show (the Golden Antique Show & Sale) this weekend I'll be back in Fraser late Sunday. See you Wednesday! !_.~ ýÿ . . . . . TOWN BOARD APRIL 15, 1998 6:00 P.M WORKSHOP A workshop was held to review docwnents on the proposed !vletropolitan Districts. 7:30 p.m. The regular meeting was called to order at 7:30 p.m. Board present were Mayor Johnston, Klancke, Wirsing, Havens, Swatzell, McIntyre and Sanders. Staff present were Reid, Trotter, Winter, Attorney McGowan, and Special Council Geny Dahl.. Swatzen made a motion to approve the 4/1198 minutes as written, lVlayor Johnston thanked Wirsing and Havens for the 4 years of service to the Town Board. OATH OF OFFICE Rod McGowan gave the Oath of Office to new Board members Rantz, Klancke and Soles. A brief recess was taken to have cake in honor of the Trustees leaving office and those new elected Trustees. 8:00 p.m. ANNEXATION HEARING AND ZONING HEARING FOR 103 ACRES; SUMRALL, BRADLEY, MARYV ALE LLC, GRAND COUNTY NO.1 WATER AND SANITATION AND U,S. IDGHWAY 40. Sanders made a motion to open the Public Hearing on the proposed annexations and Zoning, 2nd !vlcIntyre, earned. Reid reviewed the annexation and proposed zoning of the properties in question. Attorney Dahl presented the Exhibits for the Hearing. Exhibit A. Petition for annexation Exhibit B. Annexation Map Exhibit C. Notice of Special meeting March 9, 1998 Exhibit D. Proof of Publication of Annexation hearing. Exhibit E. Proof of Publication of Zoning Hearing. Exhibit F. Proof of certified mailings; annexation. Exhibit G. Proof of certified mailings; Zoning. Exhibit H. Planning Commission written recommendation. Exhibit I. Proposed annexation agreements on 3 of the parcels. Exhibit J. AuthorizationIPOA for Bradley to sign for partners. -, ýÿ . . . . Exhibit K. Authorization for Waterous to sign for partners. Exhibit L. Printout from Grand Co. Assessors office showing 1997 assessed valuation for Tract 4, owned by GCWSD. Exhibit M. Comprehensive Plan and 3 mile Plan. Exhibit N. April 8th Memo from Staff. Exhibit O. Statement of Opposition to annexation and zoning from GCWSD. Exhibit P. Town of Fraser Business Zone regulations Exhibit Q. Letter from G.C. Commissioners waiving impact report Swatzen made a motion to accept the Exhibits, 2nd Sanders, carried. Sanders questioned whether parcels could be separated from the whole with this annexation process. Reid answered no, not as submitted. Trotter gave a presentation on the proposed and recommended zoning for the various parcels. Mayor Johnston asked the petitioners present to comment on the requested annexation. Statements were made by petitioners Maryvale LLC, and Steve Sumrall favoring the annexation and zoning. Mayor Johnston opened the hearing to public comment. Rod McGowan stated for the record he has excused himself from these discussions as he had a conflict of interest. Concerns and comments from the public as well as comments from Town Board members include the fonowing: Annexation agreements will cost the Town too much money. Annexation fees should not be waived. The Town should have land use control on these parcels of property. Assessed valuation on the Grand County No.1 Water and Sanitation District was a point of discussion. The Town should not force an annexation. Elected and appointed officials from Grand County Water and Sam. District were in attendance with their Attorney, Dave Bailey Statements were made by GCWSD attorney Dave Bailey in opposition to the annexation and zoning. Mr. Bailey reminded the Board that GCWSD had presented a statement of opposition that was included as an exhibit and distributed to the Board, and that he was available for questions. _..1 ýÿ . . I Attorney Dahl presented 2 additional Exhibits for the record. ExhibitR. Copy of the petitions for annexation, Resolutions setting hearing on annexation and Zoning hearing notices, that were hand delivered on March 9, 1998 by Chuck Reid to Grand County No. 1 Water and Sanitation. Exhibit S. Letter from ~1aryva1e's water engineer Bob Trout discussing the issue of water rights as raised in the Grand County NO.l's written objection to annexation petition. Trustees McIntyre mentioned that she had not seen some of the documents until this meeting. Attorney Dahl gave options for the Board to consider as to the hearing. Rantz made a motion to close the public hearing on annexation, 2nd Swatzell, carried, McIntyre made a motion to leave the written record on annexation open until April 24th, and set the annexation matter for action at a special meeting to start at 7:30 p.m. on April 29, 1998, motion 2nd Rant~ carried. McIntyre made a motion to continue the Zoning Hearing of the properties considered for annexation to a Special meeting scheduled for April 29th starting at 7:30 p.m., 2nd Klancke, camed. @/ HEARING ON ANNEXATION 0 204 CRES MARYVALE LLC Sanders made a motion to open the Annexation hearing to consider a petition to annex 204 acres from ~Iaryvale LLC, 2nd Soles, carried, Sanders made a motion recending the preceding motion, 2nd Swatzell, earned. Swatzell made a motion to open the hearing on consideration to annex the requested 204 acres, consideration of an amendment to the preannexation agreement and consideration of a Resolution to approve a Residential Metropolitan District and a Resolution approving a Commercial Metropolitan District, 2nd Sanders, carried. Attorney ?vlcGowan offered the following Exhibits for the record, Exhibit A. Copy of the proposed amendment to the pre annexation agreement. Exhibit B. Proposed Ordinance to amend the annexation agreement. Exhibit C. Petition requesting annexation. Exhibit D. Annexation map. Exhibit E. Resolution 3-4-98, a Resolution setting the public hearing to consider annexation. illBi._1 ýÿ . . Exhibit F. Notice of Public Hearing Exhibit G. Affidavit of publication of hearing Exhibit H. Proof of Certified mailing: annexation. Exhibit I. Letter regarding County waiver of Annexation Impact Report, ExhibitJ. Written recommendation from Planning Commission. Exhibit K. Proposed Ordinance to Annex. Exhibit L. Proposed Service Plan for the Residential :Metro. District. Exhibit M. Proposed Service Plan for the Commercial Metro. District. Exhibit N. Proposed Intergovernmental Agreement between the Town of Fraser and the proposed Metro. Districts.. Exhibit O. Proposed Resolution to approve the Commercial Service Plan. Exhibit P. Proposed Resolution to approve the Residential Service Plan. Swatzell made a motion to admit the Exhibits into the record, 2nd Sanders, canied. Trustees held discussion on the proposed amendment to the annexation agreement. Audience made comments to the proposed PDD changes. Swatzell made a motion to close the hearing on the annexation and amendment to the annexation agreement, 2nd Sanders, carried. Staff recommends continuing the Hearing to April 29th for Board to consider taking action on the proposed annexation and amendment to the annexation agreement. Swatzell made a motion to continue the hearing to the special meeting on April 29th to start at 7:30 p.m. to consider taking action on the annexation and amendment to the annexation agreement, 2nd Klancke, carried. Board continued work on the :tvfetro District Senice Plans and the IGA. Soles made a motion to close the l\IIetro. District portion of the hearing, 2nd Sanders, carried. McGowan entered into Exhibits the new proposed language to the Service Plans added to Exhibits K and L. . . RESOLUTION 98-4-1 Senice Plan for the Maryvale Commercial Metropolitan District Sanders made a motion to approve the Setvice Plan for the Maryvale Commercial District with the changes as described in the new exlubits, 2nd Swatzell, carried. Voting Nay, McIntyre and Rantz. Resolution 98-4-2 Service Plan for the Maryvale Residential Metropolitan District Sanders made a motion to approve the Service Plan for Maryvale Residential District with changes as described in the new Exhibits, 2nd Swatzell, carried. Voting Nay, McIntyre and Rantz. Intergovernmental agreement between the Town of Fraser and Maryvale Residential and Commercial Metropolitan Districts, Sanders made a motion to approve the Intergovernmental Agreement with the changes as discussed to pages 4,10,11,12,11 and 13, 2nd Swatzell, carried. Voting nay were McIntyre and Rantz. BOARD CHOICE Mayor Johnston briefly discussed the proposed Housing Authority. Klancke reported on street lights that are out. STAFF CHOICE Reid reported on his conversation with Safeway management in Portland regarding the disposal of the Safeway in the ConAnt Center. No further business, meeting adjourned at 12:00. 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 WORKSHOP APRIL 29, 1998, 6:00 p.m. 1. Seleting a Mayor Pro-Tern 2. Grand County Water & Sanitation District Annexation , 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 29,1998,7:30 p.m. l. Roll call 2. 8:00 p.m. Combined Public Hearings a) To consider a zoning request from Maryvale, LLC and to consider amendments to PDD #1 and to amend Fraser's zoning district map. b) To consider a request for zoning from.MJ. and Steve Sumrall~ Maryvale, LLC, and Scott Bradley, et aI, and to amend Fraser's Zoning District Map. 3. - Action Items a) Resolution , a resolution making findings of fact regarding a proposed annexation of a 224 acre parcel ofland into the ToWn of Fraser, Colorado. b) Ordinance , an Ordinance approving an amended and supplemented annexation agreement for the Maryvale property. c) Ordinance , an Ordinance annexing certain properties to the Town of Fraser, Colorado. . d) Ordinance , an Ordinance zoning certain properties. e) Introduction of additional exhibits into the record for the petition of annexation from Sumrall, Maryvale, Bradley. t) Resolution , a resolution making findings of fact regarding a proposed annexation ofa 103 acre parcel of land into the Town of Fraser, Colorado. . , , . . g) 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. h) Resolution , a resolution approving the annexation agreement with Maryvale, LLC, owner of Tract 2 and directing that the Mayor and Clerk sign the agreement. i) 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. j) Ordinance , an Ordinance annexing certain properties to the Town of Fraser, Colorado. k) Ordinance . , an Ordinatice zoning certain properties. I) Ordinance approving the amendments to PDD # 1. " UPCOMING MEETINGS April 22nd: Regular PlannIng CommissionM~ting, April 29th: . Town Board Special Meeting ~ ,.: , . .. . .. . I 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 MEMORANDUM To: Mayor 10hns~ Trustees From: Chuck Reid Date: April 24, 1998 Subject: Grand County Water and Sanitation District This past Wednesday Jeff, Becky, Gerry Dahl, and I met with Randy Atwater, Joel BrownsQll,. Bruce Hutchins, and Dave Bailey from GCWSD about the pending annexation aIid zoning. . UIe meeting included discussion focused upon twoissues-.. minimum stream flows and GCWSD's . ability to build a mechanical treatment plant within Fr~er' s boundaries. GCWSD has determined that it would be detrimental to the Fraser River if their eflluent ~dnot'. :" re-enter the Fraser River at their existing site (or further upstream) based on the fact that they; "take" water from Big and Little Vasquez Creeks (above the Town of Winter Park) and "put . back" the water into the Fraser River at their existing wastewater facility. GCWSD is about to... complete a stream flow (water quantity) study that indicates that if they did not "put back" the water at the existing site, but rather at the consolidated treatment facility north of Fraser, the segment of the Fraser River located between GCWSD's treatment plant and Fraser Sanitation District's treatment plant would be damaged due to low stream flows. However, this study is not . yet ready and must be reviewed by their attorney before they provide us a copy. GCWSD's assertions could be true. However, when asked if they would join with the Fraser Sanitation District and Winter Park West Water & Sanitation District in jointly selecting an engineering study that would look at the minimum stream flow issue (from a neutral view), GCWSD said no as they had already spent money on such a study. I believe that GCWSD wants to build their own mechanical treatment plant on their existing site. . The conversation was broad and more details will be relayed during Wednesday night's study session. During the meeting, the following options became apparent. You could: . 1. Annex and zone the property "Business" on Wednesday night. 2. Annex the property on Wednesday, but delay the zoning. 3. Agree to a "standstill" agreement and delay both the annexation and zoning for some period of time. 4. Agree to not annex and zone the property at this time. ~_""".~,,,~IT~I ýÿ 0""""- . . , . . I Page Two Grand County Water & Sanitation District I I am recommending that you move forward with option 2, annex the property Wednesday but I hold on the zoning. However, prior to taking this action (annexation), I suggest that someone move the following: . t ~ Jl. rL' ~ . ' ~ ~ eJf~ v ~ ~ !l ., Ir-U I move that the Fraser vwn Staff initiate amendments to the Fraser Zoning Code that would allow the con ction of a mechanical treatment plant in the Town of Fraser based on the folia ing coriditions: 1) ifit is proven that stream flows in the Fraser River would be damaged by the construction ofa single mechanical treatment plant north of Fraser which serves the Upper Fraser River Valley and ..~'"' Jo~ 2) that the construction of a -mechanical treatment plant is the d\1 'Solution to ,addressing minimum stream flows. . " Here are my' thoUghts on the other options: . -~ . ~ Option 1: the minimum stream flow issue may be a legitimat~ i$sue. If it is, we need to acc~mmodate the construc~oJi of a mechanicaltreatment plant fuFraser and I'd rather dOlt, before we zone the property thari. after we zone . the property . . Also, if we. annex the property . , . - without giving them the right ,to have a mechanical treatmtmt plant considered as ~ land ust;they: , . . will move forward with their litigation. ,We have 90 days'tozonea property after w~~~xit, . we might as well use this time. ' . . ; ---" Option 3: while the standstill looks good politically, I don't ~lieve ~t buys us anything. Sooner or later, you need to make a decision. Option 4: same as above. Before we initiated this action, we talked about the fact that this was ,a very aSsertive move. ' It is. But Fraser needs to decide if it is going to approve land uses that occur within our boundaries (whether or not a property is technically in the Town), or if we are content to let land use decisions occur with our input, while someone else makes the decision. We were very careful as we put this annexation together and, I feel, we did a good job insuring that Fraser will make these decisions. There is no guarantee that if you choose Option 2 and direct staff to begin amendments to the zoning code, GCWSD will not continue with their litigation. However, this action extends an "olive branch" while stating that Fraser will approve the land uses in Fraser. . I look forward to talking more about this on Wednesday during the study session. ýÿ ~ ~ . , .. . WInter Park West Water & Sanitation District P.O. Box 1390 . 509 Zerex Street. Suite ZOS · Fraser. CO R044Z · (970) 726-8691 April 21, 1998 Bob Wolfe, President Grand County Water and Sanitation District No. 1 P. O. Box 3077 Winter Park, CO 80482 ~ Dear Bob: It is our understanding that one of the issues, that is of great concern to the Grand County No. 1 Board, is the potential negative impacts to the flows in the Fraser River should consolidation of the treatment plants occur. The purpose of this letter is to let you know that both the Fraser and Winter Park West District Boards are willing to work jointly with your District on an engineering study of this section of the Fraser River. The purpose/scope of this study, as well as the selection of an engineer would be determined by a committee comprised of two Board members from each District. Potential solutions to low flow concerns could also be addressed. If you are interested in working with us on this study, please let us know which two Board members will be serving on the committee. Very truly yours, Winter Park West Water and Sanitation District f2 /~ ,.' ./ ...[ .'4f/( l0~ eon Woster, President R 0:;: Jim Chubrilo, axJHE Town Of Winter Park Town of Fraser Robert Ray, NWaDG James Newberry, Grand County Commissioner FF.:Ot"'l : GORSUCH I.{ 1 F.:G 1 S LLF' 303 376 512'01 1'3'3:=:, i<:1.. - 0:::" .'='. .....-. .. .-- -- "I . . . . . GORSUCH K I RG I S LLP e ATTORNEYS AT LAW CONFIDENTIAL AND PRIVILEGED A TTORNEV/CUENT COMMUNICA liON MEMORANDUM TO: Mayor and Board of Trustees. Town of Fraser FROM: Gerald E. Dahl DATE; April 24, 1998 RE: Opposition of Grand County Water and Sanitation District No.1 to Petition for Annexation I have reviewed the referenced opposition, filed with the Town on April 10, 1998. The District has raised six separate grounds for its opposition to Fraser's annexation of this property, as follows: . ' , That The District's Property Is Not Subject To Unilateral Annexation Because the Property Comprises More Than Twenty Acres With An Assessed Value Of Greater Than $200,000 Requires Landowner Consent For Property Greater Than Twenty Acres "Which Together With The Buildings And Improvements Situated Thereon Has A Valuation For Assessment In Excesc:: Of $200,000 For Ad Valorem Tax Purposes For The Year Next Preceding The Annexation. " The argument is that the District's 24 acres of land in excess of this value. Evidence admitted into the record on April 15th showed the assessor's 1997 valuation (the year "next preceding the annexation") for ad valorem tax purposes as $5.570. with an actual value of $19,210. It may well be that the District has since had its property value valued for market purposes at $946,630, however, such a present market value is not the value established in the statute, for two reasons. (1) The statute requires it be the valuation for assessment for ad valorem tax purposes and that (2) it be a valuation for the year prior to the annexation. When measured by these express terms of the statute, the District's property does not qualify for the exception which would othelWise require landowner consent. 2. The Petition Is Defective In Referring To "1/16th.. Rather Than 1/6. It is true that the petition contains a typographical error which says 1/16th rather than 1/6th. However, this error is not at all significant. and the courts will see it for what 0 it is: an obvious typographical error. This was precisely the situation addressed by the Colorado Court of Appeals in Board of County COOlrni$$ion~v. City and County of Denver, 615 P.2d 39 (Colo. App. 1980). concerning an annexation petition which GEO\55339\2835 n .01 -~I FROf','! I GORSUCH 1< I F.:G I S LLP 363 376 5001 1'3'3::::, i<:J4-<::<-t J.C'. "..-, ..... '"_"_ . v _ __ - . " . 0 0 contained an "obvious typographical error in a legal description." It held that "this obvious typographical error, considered in context, is insubstantial." In this case, the map and legal descriptions attached to the petition both demonstrated that 1/6\0 contiguity with present municipal boundaries is achieved by the proposed annexation: the testimony also established this. These materials were available for the Board's consideration at the April 15th hearing. This is not a substantial defect. ! 3. That The Annexation Of The District~s Property !s Sought For An I I Improper Purpose. The District claims that the petition "appears to have been intended to limit the I I District's options in the consolidation discussions with the Fraser Sanitation District and I the Winter Park West Water and Sanitation District." The opposition continues that no "community of interest is served by this improper exercise of statutory rights of annexation ,to Both ~he statute, at ~ 31-12-104(1)(b), C,R.S" and the case law, Bretemituz v. Citv of Arvada, 42 P.2d 955 (1971), clearly hold that, if the 1/6 contiguity is present, the community of interest standard has been achieved. 4. Fraser's Proposed Zoning Of The District's Property After Annexation Will Result In A Non-Conforming Use. in brief terms, the District claims that its present use of the property for a wastewater treatment facility will continue to be a non-conforming use under the Town's . jurisdiction, despite annexation and zoning. This is correct. The District goes on to claim that while Colorado law will prevent it from extending or enlarging a non- conforming use, building a new wastewater treatment facility (the implication being it would be a mechanical treatment facility) will neither extend or enlarge the current use of the property. Basically, the District's argument is that, since it is presently operating some form of wastewater plant, the Town simply cannot prohibit it from expanding that use or from building a new form of treatment facility" It is clear that, after annexation and zoning, the District will be permitted to continue to operate its present facility (Fraser Zoning Ordinance, Section 13-7-2). However, the District also claims that it should be permitted to expand or change the nature of. its plant and continue to claim a non-conforming use. This would be true if there were not a specific prohibition of mechanical wastewater treatment plants in the business of District, which is the District in which this property would be zoned, . With a specific prohibition of mechanical treatment plants of the Fraser Zoning Ordinance, any expansion or construction of mechanical treatment plant would be prohibited by the ordinance. 5. Annexation Of The District's Property And Zoning Of The Same FOIr Open Space Purposes Constitutes A Taking Of The District's Property. The District claims, based upon certain letters from the mayor, that the Town's action will downzone its property. The District made this argument at the public nearing on April 15th as well. The April 15th hearing record is clear that the proposal is only to zone the property business, with all the uses and entitlements of that district. There is 0 no open space district per sa in the Fraser Zoning ordinance, and, in any eveni, the proposed zoning will be business. The business zone Fraser provides ample opportunity for landowners to profit from their investment In land, and any property GED\55339\283577 ,01 -2- "T '--~I 303 376 501211 1'33:::1 , i<:l"t -.::.. ..1;:'. "".~. ... ---- FRDt'.l : 13DR~3UCH 1< I F.:13 j.::, LLP 4 . . . . zoned business will not be able to successfully claim that it has been subjected to a 0 taking. . 6. The Petition May Cause Petitioner Maryvale To Violate Its Water Rights Plan For Augmentation And Colorado Water Law. The primary argument under this heading is that the Maryvale Wastewater would be treated by the District and returned to the Fraser River at the point of the District's present treatment facility, rather than at a point further north. If the latter were the case, the Fraser River will be depleted for a longer reach and the argument is that this violates Maryvale's augmentation plans. The hearing record on April 15th contains a letter from Maryvale's water attorney, Robert Trout, stating that moving the treatment plant would not affect Maryvale's augmentation plan. In any event, annexation and zoning does not. by itself, change a point of diversion or outfall for effluent; it merely annexes real property. Options for April 29, 1998 I think it might be helpful for the Board for me to list what I believe are the major alternative actions which could be taken by the Board at its April 29th meeting: 1 . Proceed to adopt the annexation and zoning ordinances and complete the matter on April 29th, 2. Adopt only the annexation ordinance on April 29 and defer action on 0 zoning the District's property in order to permit additional discussions on design, etc. of potential treatment facilities. This will entail adopting the zoning ordinance with an amendment excluding the District's property and initiating a new zoning process for the District's property by itself. This is permissible under the law and would require another meeting in front of the planning commission and another hearing in front of the Board of Trustees. 3. Continue both matters (annexation and zoning) to a later date. (The District Board next regular meeting is on May 20.) 4. Continue both annexation and zoning to a later date. but conditioned upon the execution by both parties of a standstill agreement which would preserve both the Town's and District's rights and claims as againstone another until that later time. 5. Act to continue the annexation and zoning indefinitely, thus effectively ending the process. I will be present at the April 29th 6:00 study session and 7:00 public meeting and will be prepared to answer any questions the Board might have. . GEO\55339\283577.01 ~3- i .11 .1- ...,1 - ýÿ ~ . . . ~ t .. ~~tl~ LOpy 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 SPECIAL MEETING APRIL 29, 1998, 7:30 p.m. 1. Roll call 2. 8:00 p.m. Combined Public Hearings a) To consider a zoning request from Maryvale, LLC and to consider amendments to PDD # 1 and to amend Fraser's zoning district map. b) To consider a request for zoning from M.J. and Steve Sumrall, Maryvale, LLC; and Scott Bradley, et aI, and to amend Fraser's Zoning District Map. 3. Action Items a) Resolution W, a resolution making findings of fact regarding a proposed annexation of a 224 acre parcel ofland into the Town of Fraser, Colorado. <-- b) Resolution 4'51g, a resolution making fmdings of fact regarding a proposed '-"'" annexation of a 103 acre parcel ofland into the Town of Fraser, Colorado. c) Ordinance z1-B , an Ordinance approving an amended and supplemented annexation / v agreement for the Maryvale property. d) Resolution4~~..q~, a resolution approving the annexation agreement with M.l and '-. Steve Sumrall, owners of Tract 1 and directing that the Mayor and Clerk sign the c..../ agreement. ~ e) Resolution ~~':t-1', 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. I - " , ' e ,- ~ '.J ' ýÿ , . . t A Introduction of additional exhibits into the record for the petition of annexation from Sumrall, Maryvale, Bradley. g) Ordinance~, an Ordinance annexing certain properties (224 acres) to the Town ~ of Fraser, Colorado. . ~ Ordinance 140 , an Ordinance annexing certain properties (103 acres) to the Town ~ Fraser, Colorado. ~ ~ '. i) Ordinance , an Ordinance zoning certain properties and approving a revised ~ PDD Plan for the Maryvale property. ~Ordinance , an Ordinance zoning certain properties (Sumrall, Bradley, etc.). ~If" UPCOMING MEETINGS May 6th: . Town Board Regular Meeting May 13th: Planning Commission Special Meeting . May 20th: . Towil Board Regular Meeting . May 27th: '. ~lanning Co~s~ion R~gular Meeting : ii .toWNoFmSE:R,I' ~'IceboJII: olthe Natio:n".;i ': P.O. Boxt20 /153 Fraser.1kvenue Fra$er,C91()raa*8~2 . . .. . ... '., (970) 7~6~5491 ' 'FAX line: (9. 70) 7~'.6~5518. ", . I' .' , . ',iI " , '. ....',., . ..' '. ' ,.k:;," ..' ." Manager's Briefing, 4/29/9$' , ' "'J ' ,.' '. ..' " " .' '" '. " ' 'GoodMominglAsmentione~ in Fiifay:-spacket,entlosedaretwonewQrdinances: one that annexes the Denver Wat~r BOard. p~o~.~d one tlmt ~onesbo~~ale'pr6perties and approves the amended PDD.. AlsotnfludedlS a Resolutl.on and FUldingpfFact related to the D~nveiWater.Boardpropertyannex~tioz\; , ' ' ' '.' .'. .,' .' ....' .11 .... ..., ,"'. ..' . .'. '.' , . .. ..' RodMcGowal1has recommendeq shlfting the order- of action items on the agenda. While there a,reno newitems~ Rod has sllggest~djla new order which woUld approve the two annexations c()ncurtently,a~oppOSed toactingo~ 'each'sep4rately: 'Whi1e'there is no technical', reason to use . either agenda, Rod felt~that thismay-pe easier J~f()~low: Tb,e;llewagenda is. enclosed and, if you ,would rather use this 'version, IWOuld suggesHb.at someQne amend theorderof action items at theclo~r of the public heari~g OllZQ~g;.We can talk~out~this during the workshop. . ; .'" . .',,".' ..' , .., .', ' . ,~~y '.' . ..' ,.' ..' . ','. ..... . ,. " ..' "'.. '.'" "'. " . '. i . , Late on Fri~!, ~e aI~r~eivedas~~lernenWIstatFeIit.ofOPpos~tion. from .Gra.n~Coun~ y". ate.r&. .8. .am. !a.il.on... ..D..,..lsm.... c..t..'....Pt..'..C....OP..YI10.f.th.. e sta... ....te.~... ..oo."..t..I..5. .e. ryCI.o...sed..wit...... .' ..h.. .0.. u.t t....h e.e. xhi.. ...... "lt5, which are , several pages of court decrees and l~gal descnptlons relating to the supplemental statement. . A complete copy otth~oJlPOsiti<?n i~! at tl1e Town HalJ; , '.' ..' ". . ". ." ,;r.'r. ..... .' .., .' '. . . .' , Firmlty,.i1s Illentionegingriday' spa,~ket,.. Mmyvale'~ .furthe~anne~tio~ llgteem~!. revisio.ns, ! . ,that they requested tate la$t week anI thatRod atldIWlU be dlscussll;lgWltbthem this mormng . . ina9:QOcQntereticeeal1. Fro~an~f1miniStrativeal1~ l~galpets~ve, all. but one of the chan~esonly .C()rrect:typtlgraphi(;alerro~s and/()! clarify lallgnage m tlleagreement The "'1 proposedchanges8<ffar: .Jf.;," ',.' .' . .....'. " . ." '.' . ...... . .'., .' .~,i ." . ..... '. . '. ..', ",.... .' ........ p~ 3 (6th line from the:~ottoIIi),itshould, be"332T~f,esidentjalunits,not 3321. page'S (4th lihefromthe:fb6ttom),thereare ~'29" plamring areas, not 27. pag.. '.'c. 16,. intl1e..thif. . d l..i~el~f s.ect1.' . '.' 'on. 4..,] delete "an. 'd type" (relan.. .'ngtoopen space determinations that willJ>emade at FPDP time): .' " '.. . , ,page 19(?th line),add..thysical..afterth~word"al1ow'qnpart ~'d" of section 5.2. '!'his clari,fiesthat~e ph%,sical. w~ter Sl1Pplies f~rMaryyaleand Fraser may be. ' ;' ,mtewat~notthelegal~upphes. .' . ..... . '.' ".' ..... , ..... ". . ' . i!i page 21 (8th line from ~ttOIIi), addJanguagesimilarto "shall beresj)(msiblefor '. .:~ operation'ofthea\lglllen_tionplan~exceptas'is providedinpar:agraph. ..., herein" (' after "Fraser:" ThisclatJi~ that }+rasei wiUQperatethe:caugm.elltation plan after. i: ~aleCOnstnlctsit:4d giv~it totheT()wn. The"paragrapl$herein'~ are being I~ Identified. , ...: ,', .' .'. ' . I' ...., .' . ...,...,I.'........'O.....V....&'....r.'....... ,. .:.i elf . . . It I ,i,.:. . ......,.. ',' .... .' '.', I ',' ;1,0'.' :;r J," " ' II: I Ji ' . I ýÿ l , . ,i, \' . ,I, .1 .~ ,:f 'il. , :.jl . ,.':. . ';\"~> ,,. '. ,..' page22 (6th line), add'~fo .'. theareatobe serVedby~eweUs: after "SI;Jbdivision ap.. ".P.l.icat..i.~.n".'.m.'... s. ,e'.....~.ti.....o.....,.n;.,. .5, .5...n..........Thi.. '.. .S.......'....C..l. arifi..leStha.. ...t.........~.'..' .}l..St ..ru Cti. 'ono.ftheir.water...p.r..od. . uc.tion 'systemwllJ be.phas~.. "l' . .', . ..' , .' . . .. , ,'. 7. ...,....p.. a....ge......... .2.. .6.. ...(2..n....d.......,.an...........d'3..~...d.. ....lin..'.. ..~.........'...'.......d............e....le,.t.e..,.....'.'ad...lJ:..a......c.e.n. t.....t,'.:().P.I...~..'.' ',.....ng.. ...ar......e.. .as......... .l.,:l...w.... an. d....'..12.W.. .'.' This cwouldallow.anywellto, usedforeltherdomestlcorgolfcO:urseuse. .' " . 8;'page35~ in the,fifthands': . . 'linesofseCUOJ15.8delete "ofPlanmngMeas 9W, .,',' ..W.W.'..; 1.1..W.".,. a.n.d." ..12.....W...,'.'.".~.n..~........ ..T..ePI..aCe\\'I.lh.'.'.':W1..., ..t.hi......n.M.... "','a:Y". ..aI.e:~' Thi."SJ11..atch. est.he. '. .' agreement made by theB~ard and Planmng C.ommtSslOD ill December of1996 , .alIowing~Yidedroadst~p~c!)nSi~ei:ed4uaI,access. .'. " ..... .., ..' .' . .' ' , 9. ,page35, 1ttthes~venth hDr~ofs~t1()n 5 .'8 add "and the .appropnatefire distnct" after "'Fraser." This allows Fra$er and the fire' district to d~termine the specifications ofa divided road that serves a$ dual access. ' . , 'I . . '. , ,.' .'11'"" , . . The biggie, as I unders~nd it, relates;lto, page 27, section 5.13., While no s~cific language is on the table. yet; the gist of MaryVale' s 4;rgument follows: ' , ' ...M.... .aryv.. ". al~..'..sw...at.ers.u....pp.~.y. c.;o,uJ;..........,If',.,..."b.eg.e" nerally.Cha, '.. (;,..~.cteme,das..be... ingm. ad. e..,.~poftWo' " different water sources...!." ' , " "_, ," ,_,,' '-, . "J" "', " '_, :,',',. ,'-_' ,- -'. I , a)area1ly goods()~~~ With,.~nioTrightsrthe CozensDitch;and' , b) tw. OI..~S. ..s...sepl11'e,..s..O...M.'r ...l~.S......W~..nd.}.Ga.. pex<;h.an... . ..g.e ....wa.t.er .an.. d... tho e effluent at Grand County Water Be S~~tl()n Dlstnct's.wastewatctt treatment plant. . , " Bob Trout, Maryvale's water:tattorney is recotnmending to Maryvale that they use their t ' legal supply of water based ~ following:' , , , a) use most of the CQ ens water for domestic use within ,Maryvale. b) use the remainderi: fthe Cozens water as the basis of the water augmentation plan that has to be ap roved to serve the golf course.,' . Ii c) deed whatever re ains to Fraser.' ;', ' " . . '11" . 'B~bjs cOncerned thatth,ecul-erit.langtlage' in sectiQn '.5.13 could beintetpreted to allow Fraser to require that thewat~rtemaimng in the Cozens right (aft~ Maryvale's domestic . . '." ....' I..... .. ... . ...... .. ..' '. ','" .... .'" . ..u......s..e....is. m........ et.). :b.....e........d. e.~d.ed.to..:....F.....:r:..,a....~.~ ,.ra.:n...d.' .th.... .a..t.t.h.. e.ba.s....isD.o.r...th.....e...go.l.fco~se.....a....~eptau.o.up..,la. n . could becomethelesssecur~WmdyGap and effluentnghts. His speCIfic concern.IS " 'relatingtothe~ntence wl)i~~ beginsinthe seventh line from the bottom. page 27? "In ,~g suchdetennination,1l1em.ostjuniorWaterRlghtsshallbe allocated to the Golf. . . "Course(~oinponent." .l,':". " . .", c,' " " , .' ., " , /'!I. -,.. " . Acomerence calUsschedtlledat9:QO todtsc1lSsthiS: rl1have a reconunendationtonigllt. ,." .... . ..:,. ......',j.. .... .... .. ...., ". ,... . . ... . .. , c TW(rothetissu~~ "came .uP tool, .1'be~~eve, ~~lle.'h~sdet~fIllined not. to.. purs~ci: additi()na~ changes to sectIon 4;10 CpagesI7 ~.18)reI$1gtotheFPDPfor02W and se~unng a c()~tment 'fr... Oin...........fr..a,..s.,ert.o....u~e.. .:'F.p..r...~.t.~.'..........~.. ...OW.".. r.....w... at~.r....::M.!:..~. a.. I.e. .~..&..s.pe........C....ifi..' .1C......'..c...o. n. ce..m..a, .bo~t4.W.r.e. .m.m.,.. .ns..... a. question about timing (which can b~addressed in 2W's.phasmgplanas p~ofthe FPDP), and, ,..jf.....lreca... ..I....I..C.O:r. '. ..e~.l. Y.. .... tho .......e.'..B... ....o.a...r.d..s.a'.l '.d'. '~. e....y.. ..W..Oul.. .... ".d. '....c.o..ns.. .id... er..........s.eMD..'...... g... F.Ore. st...'.M..~.. ..e. ad..... o.W.. s. .. b..as.. ed.'. upo. D.a. . formal apphcattonundetsecuon5.11 o(the ~exation agreerpent(which allows the developer t. .0....'.....a....PJlf...oa.'.c.. .h.... . Fr.'.as. ..... e. r.. D..D... J......s..e....M....'..'..'c......e.......t.o........ a'.. .fi'.. :i ...........1...fi...l.....C..... ,P.....lanm. ........'.. ....n. .g. .........ar.......e.....a....)............ Whit.'.... ...... .,e.,..-we... ha...'..v..... e. ..r..e.c.ei.V.ed.. .......a.....fi.orm. ........al. request for Maryvale. weliaven~t rewed 11. othetthancursonly.at a stafflevel.RichNlperts as~ertion. i~~i he~oUld. . never 1m I~' a~eed t~ ~~d Maiyvate's excess wa.ter t..o t~e TO. w.n . .. .' .' 'WlthOU.tthis.C()mlmtn1enttoserve"II..nu.sethese.ISSJlesasthPVcouldcome.l~tomgbt.. ... .... > _ '.- ...." ,_~_,.' ",,' ',_, " ,'~.} ", ~ ' ~r ",",,' ' , , : ... ',' I, '.' ".:"",',':', :: :'.""".<..'-".' .' ..... '.. .' .' . ", " ,-,- ", ' ,-.'; - , .' :1 ~ ' , . ..:!!;' '. . , . . ''f TOWN OF FRASER RESOLUTION NO. {~ ~~18 A RESOLUTION MAKING FINDINGS OF FACT REGARDING THE PROPOSED ANNEXATION OF LANDS TO THE TOWN OF FRASER, COLORADO. RESOLVED, that the Board of Trustees finds and determines as follows: (1 ) That the Petition for Annexation, a copy of which is attached hereto, identified as Exhibit C of the record of the public hearing concerning the proposed annexation, 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 ~s Exhibit 1 of the record of ./ I 1 . . ,r, 't the public hearing concerning such proposed annexation, which is incorporated herein by reference; and (9 ) That no annexation election is required under Section 31-12-107(2), Colorado Revised Statutes, as amended. PASSED, ADOPTED AND APPROVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THIS day of , 1998. BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Jeff Johnston, Mayor ATTEST: ( SEA L ) Virginia winter, Town Clerk - - - 'r:'.~ ". :-~'.l; F':':' ='F; !.' 'I;:'; . . . . TOWN OF FRASER. COLORADO RESOLUTION NO. 1998- "~4,1~ I 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 ofthe 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 rmds 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 district; 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 RESOL YED: That an election is not required, and no additional terms or conditions are to be imposed upon the area to be annexed. RESOL YED AND PASSED by the Board of Trustees this 15th day of April, 1998. -1- ..... . . . For: Against: Abstain: AITEST: TOWN OF FRASER By: Virginia Winter; Town Clerk Jeff Johnston, Mayor [S E A L] -2- ýÿ . . . EXHIBIT 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 OO~6' West along the West Line of Southwest Quarter of the Southeast Quarter (SW1I4SE1/4) 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 4r04'23" 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 330)0'00" West a distance of 40 feet more or less; THENCE South 56OJO'OO" East a distance of 20.00 feet; THENCE North 33030'00" East a distance of 505.19 feet more or less; THENCE North 56OJO'00" West a distance of 175.00 feet; THENCE North 33030'00" 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 68OJ1'00" West a distance of 217.27 feet; THENCE North 60059'53" West a distance of 222.49 feet; THENCE North 84OJ4'10" West a distance of 94.32 feet; THENCE South 71~5'43" West a distance of 83.82 feet; THENCE South 50046'16" 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 31"33'11" West a distance of 138.14 feet to a point on the North line of said Southwest Quarter of the Southeast Quarter (SWl/4SE 1/4) of said Section 20; Thence South 89044'47" West a distance of200 feet along the North Line of the Southwest I Quarter of the Southeast Quarter (SWl/4SEl/4) of Section 20 to the Northwest corner of Southwest Quarter of the Southeast Quarter (SWl/4SE1/4) of Section 20; ! i Thence South 89043'05" West a distance of 1316.58 feet along the North Line of the Southwest Quarter of the Southeast Quarter (SWlI4SE1I4) 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 (SEI/4SWI/4) of Section 20 to the Northeast Corner of the Northwest Quarter of the Northwest Quarter (NWI/4NW1/4) of Section 29; Thence South 89040'12" West a distance of 811.19 feet along the North Line of the Northwest Quarter of the Northwest Quarter (NW1I4NWl/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 I.) 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 131 OJI '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 of 70~0'02", and an arc length of 1,002.64 feet, the chord of which bears North 84~6'39" West a distance of 940.86 feet; to the East Line of the Northeast Quarter of the Northwest Quarter (NEl/4NWl/4) 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 (NE 1I4NWl/4) of Section 29 South Quarter Corner of said Section 20, being the Point of Beginning. Said Tract contains 103.006 acres, more or less. County of Grand State of Colorado -?- ýÿ . . Legal Description of Tract t Owned by Petitioning Landowners M.J. Sumrall and Steve Sumrall: All that portion of the Southeast one-quarter Southwest one-quarter (SE t/4,SW1I4) of Section 20, Township t 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 (SE 1/4, SW1/4) of said Section 20; Thence South oo~O'Ot" East, along the West line of the Southeast one-quarter Southwest one-quarter (SEt/4, SW1/4) of Section 20, a distance of 582.71 feet to the Point of Beginning; Thence North 898J9'59" 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, SWl/4) of said Section 20, a distance of 652.55 feet; Thence South 898J9'59" 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 00020'01" West along the West line of the Southeast one-quarter Southwest one-quarter (SEl/4, SWl/4) 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: -~- . . . Thence N89042'SO"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: I.) 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 of030J7'58" and an arc length of 177.21 feet, the chord of which bears S6I023'38"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 SOOO3I'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 ofa 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 N840.26'JO"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"Wa distance of 1125.47 feet; 6.) N16049'59"E a distance of 175.78 feet; 7.) N19~3'21"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 of811.19 feet to the Northeast Corner of said Northwest Quarter of the Northwest Quarter of Section 29; Thence NOO~O'Ol "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.) N89OJ9'59"E a distance of 333.77 feet; 2.) N00020'OI "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- ýÿ . . Thence Noo020'01 "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 6TH P.M., DESCRIBED AS FOLLOWS: Beginning at the Northeast corner of said Southeast one-quarter Southwest one-quarter (SEl/4SWl/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. 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 A TRACT OF LAND LYING NORTHEASTERLY OF U.S. IDGHW A Y No. 40 WITHIN THE Sl12SE1I4 OF SECTION 20 AND THE NEl/4NE1I4 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 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 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 56OJO'OO" 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 33OJO'00" East a distance of 123.12 feet; THENCE North 20~7'22" 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 60059'53" West a distance of 222.49 feet; THENCE North 84OJ4'10" West a distance of 94.32 feet; THENCE South 71~5'43" West a distance of 83.82 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 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 8S056'15" West a distance of 176.76 feet; THENCE North 7M1'25" 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 of 200.00 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 mE 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: -n- . . . . Beginning at the Northwest corner of the Southwest Quarter of the Southeast Quarter (SW1I4SE 1/4), of Section 20; Thence South 00026' Eas~ along the East Line of said Southeast Quarter of the Southwest Quarter (SEI/4SWI/4) a distance of 259.00 feet to a point on the Northerly aO.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 fee~ a central angle of030J7'58" and an arc length of 177.21 fee~ the chord of which bears South 61~3'38" East a distance of 177.18 feet; Thence South 5r14'43" 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- ~ . . I. , 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 Maryvale 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, Maryvale 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 "prior 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 ("PDD Plan"); and WHEREAS, the Board of Trustees and Developer wish to enter into an Amended and Supplemented Annexation Agreement for the Maryvale 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 ýÿ ~ . '. '- 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, WP'PRASER\MARYVALE\Annex-1998-DWB\Ordlnance-Ag.~pd ýÿ I ". . . , ", TO\VN OF FRASER, COLORADO RESOLUTION NO. 1998- 4~~.q~ A RESOLUTION APPROVING AN A:.'I1\."EXATION AGREENlE~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 vvith 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 vvith Section 31-12-104 and 105, Colorado Revised Statutes, to establish eligibility for annexation; and \\'1-IEREAS, 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 TO\VN 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 Exhibit 1 and fully incorporated herein by this reference; and BE IT F1JRTHER 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, lVlayor .-\ttest: Virginia Winter, Town Clerk [S E A L] . . This agreement is made and entered into this 15th day of April, 1998 by and between Mary Jo and Steve Sumrall. r"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 I" in Exhibit A attached hereto , (identified as the ""property" in this document). I 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 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. ýÿ . . . . 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 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) 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 "F~r Valley Parkway" after the same has been constructed. Said access shall be requested by annexor and reviewed by the Fraser Planning Commission at such time that access is requested by annexor. 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. ~(O~~ ~b Steve Sumrall STATE OF COLORADO ) ) ss. COUNTY OF GRAND ) . . ~ The foregoing instrument was acknowledged before me this -1.. day of /?~A// , 1998byMJ.Sumrall. r- WITNESS my hand and official seal My commission expires I~ - /3 - JdtJ / 4#J1d~- , uQ~ No lic The foregoing instrument was acknowledged before me this 1- day Of~ ' 1998 by Steve Sumrall. WITNESS my hand and official seal My commission expires /tJ - /? ~O / 1j,~1i[;},L No bhc Town of Fraser Jeff Johnston, Mayor Vicky Winter, Town Clerk ýÿ .. . . .. TO\VN OF FRASER COLORADO RESOLUTIOK NO. i998-~, 1- ,q~ A RESOLUTION APPROVING k~ AN'NEXA nON AGREENIENT. \V1iEREAS~ the Board of Trustees of the Town of Fraser, Colorado, has tound a petition for the annexation of certain tenitory to be in substantial compliance with the requirements of Section 31- 2-107(1), Colorado Revised Statutes; and \VHEREAS, 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 ovvner of a portion of the tenitory proposed to be annexed, NOW, THEREFORE, BE ITRESOL VED 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 RESOLVED: That the NIayor 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: TOWN OF FRASER By: Jeff Johnston, ~Iayor Attest: Virginia Winter, Town Clerk [8 E A L] . . . This a!,l'feement 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 1. Scott Bradley has the I 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, tenn, 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 0f agreement did not contain the 1"1 particular part, tenn, or provision held illegal or invalid. 05 f r J;.1.Iy;J<4 ti.. tr., /59 ~ i/T 0/ JftJ ilL r . . 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. 1'>; , 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 effectiv~dat~70f an ordinance annexing and zoning the Property regardless of whether the Agr / en~yi's executed prior to or fOII~ effective date of said ord:tce annexing and zon gthePr rty.I1;Jf/LL-:t <~4.~ aa~.-~.... f.4'- .# ~--- / 1-/1 1/1 V" ~&:~ L;~ ~ ~ ~cfirN~ ~ . colt ra ley .(I~vN.t k:tde ;;;;d"'rJ7i"~&J~~ ) a~a~d~7~~~ ) 5S. COUNTY OF GRAND ) ýÿ . . . . o () /1, G-i: ) fJ. II jaYj:t/\/ Notary Public Town of Fraser Jeff Johnston, Mayor Vicky Winter, Town Clerk 1M;; 9'5/5' ,/2LL/y .1f~ t?tYr 0/:; if (L ~/ 7~)t5 ýÿ JAl'h29-19gS 10:5..J BRADLEY 3. f-l~~Ul. ~,~ "'::0 ':I::l~':: I-'.\:), . . . POWER OF ATTORNEY - ANNEXATION ~OW ALL PERSONS BY THESE PRESENTS: that I, Peggy L. Lore, of the County of .~V'\\J"'-{.,V , 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 SEJ4SW/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 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 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 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)[P)f Peggy L. Lore, Principal STATE OF Colorado ) ~ )5S, COUNTY OF ) rt The foregoing instrument was acknowledged before me this 3d day of January, 1998, by Peggy L. Lore, the Principal. Witness my hand and o,fficial seal. My commission expires: ~ 3 0) }JJ07J /J~ ~~ (SEAL) Notary Poblic e.\fC)mll;~OIl annexOlbon TOT~L P.02 ýÿ I pAR OF ATTORN.EY -ANNEXATION. , I I . KNOW ALL PERSONS BY THESE PRESENTS: that I, Otto Victor Tschudi, of the County of .~'I ~(C('l(I'~CCt , 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 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 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 I 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 door 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. 1\-- Executed this .2='\ CC~[P1f -. ..... . STATE OF California ) ~ .F;~)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: ~O c;rDL 8~ (SEAL) Notary Public c:Vormlllpo3 3nncxalion TOTHL P.02 Jf"1/'l-.2<J- t 998 HJ: 34 8R~')DLEY g, ASSOC . 970 726 9522 P.02 , . . POWER OF ATTORNEY - ANNEXATION KNOW ALL PERSONS BY THESE PRESENTS: that I, Yvonne Louise-Ericksen Tschudi, of the County I of t;nlli'4 e;'~~I-&-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 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 fallows: Beginning at the center-south 1/16 comer of said Section 20, I 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 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 '~ f~c.te~ day of a ry. 1 8. ,,~/ (C(Q){Plf . 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'ee. --A-r/-~ c tved (SEAL) Notary Public c::\lorms~8 annexation TOTAL P.02 ýÿ CAllf;<?RNIA AlL.PURPOSE A OWLEDGMENT . No.~9Q1 - ----- -- - - - --- - " State of (i'{;f ;:'-!vrt1/' c, County of (JtJl7-1,-~ CO S-/ ~ On f>brtl/t/Lj '-~ )778 before me, .C, DAT{ personally appeared \/v'uJ'1n.,( L;)v';s.<, [Yic!LS-{'j"] TSC/1{'lClt. , I NAME(S) OF SIGNEM(S) o personally known to me - 0 R - ~ proved to me on the basis of satisfactory evidence . tq be the person~ whose name~ is/are: subscribed to the within instrument and ac- knowledged to me that Ae/she/they executed the same in Ftts/her/ttTeir authorized capacity(j.e:.S), and that by h+5/her/tfTeir . signature~ on the instrument the personVr), or the entity upon behalf of which the J - - - - - ~.;..;.: -1 person"" acted, executed the instrument. . CcmmIIIIon' 1122702 , I ~c=- I WITNESS my hand and official seal. ... c:onm. _..... ,..,"', ~ ~ ------------ L;1(a~'-. - -~ ~ .~o"."..," ~ OPTIONAL \ ., Though the data below is not required by Jaw, it may prove valuable to persons relying on the document and could pre'lent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT I o INDIVIDUAL , 0 CORPORATE OFrICE::i Po IAJ ~ IF oj ;!J.fhr n. ~ i TITLE OR TYPE OF DOCUMENT TIl\.:;SI o P ARTNER(S) 0 LIMITED o GENEAAL o ATTORNEY.IN-FACT NUM6ER OF PAGES .. . o TRUSTEE(S) o GUARDIANlCONSE;:;V A TOR o OTHER:' DATE OF DOCUMENT SiGNER IS RE?RESENTING: NAME ':JF ?S::.SCN(SI OR cNnrt(le::i SIGNE:=\(S) OTHE::\ TH.A.N NA.MED AEOVE -- -- -- - - ---.~- -- ---- --- - - ----- - - C199J NATIONAL NOTMlY ASSOCIATION' B2~6 Remmel Ave.. P.O. Sall11Bol . Canag:l Pal1c, CA 91J09.118.& ýÿ ~ . . .. 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 Town has received a petition for the annexation of the hereinafter described property signed by persons comprising more than Fifty Percent (50%) of the landowners in the area to be annexed and owning more than Fifty Percent (50%) of such area, excluding public streets, alleys and any land owned by the Town. 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 89;58'38" 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 89'59'59" W, A DISTANCE OF 1315.89 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29; ýÿ . . . THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29, S 00~30'44' 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 89~49'02" 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 82~13'10" 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 11:::54'25" AND AN ARC LENGTH OF 190.52 FEET, THE CHORD OF WHlr:H BEARS S 53';34'06" 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- ýÿ . . . 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 44:)32'15" 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 CENTRAL 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 00~10'OO"; -3- . . . 5 ) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 816.78 FEET, A CENTRAL ANGLE OF 36"53'00" 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 32"29'48" 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 00"10'00"; -4- ýÿ . . 3 ) N 31;)35'10" 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 89~54'40" 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- o. . . ;: ~ :. J." ;f" ýÿ . . . . TOWN OF FRASER ORDINANCE NO. 14\ AN ORDINANCE ZONING NEWLY ANNEXED PROPERTY; AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF FRASER; AND APPROVING A REVISED PLANNED DEVELOPMENT DISTRICT PLAN FOR THE MARYVALE PROPERTY. Section 1. Zoninq. WHEREAS, the hereinafter described property was recently annexed to the Town of Fraser, Colorado; AND WHEREAS, pursuant to Section 31-12-115, Colorado Revised Statutes, as amended, it is necessary to zone said property; AND WHEREAS, the owner of said property has requested that said property be zoned "PD - Planned Development District" as provided in Section 13-3-12 of the code of the Town of Fraser, entitled "Planned Development District (P.D.)"; AND WHEREAS, said owner of the property has further proposed that it be made a part of the existing Planned Development District No. 1 ("PDD #1") and that it be made subject to the revised Planned District Development Plan ("PDD Plan") which has been proposed for the entirely of the Maryvale property; AND WHEREAS, the Fraser Planning Commission has reviewed said application and has recommended that said zoning request be approved; AND WHEREAS, a public hearing was held by the Board of Trustees of the Town of Fraser pursuant to Notice of said public hearing, properly published, as required by the Code of the Town of Fraser, Colorado, and Section 31-23-304, Colorado Revised Statutes, as amended; AND WHEREAS, the Board of Trustees hereby finds that the proposed zoning for said property is in substantial conformance with the Comprehensive Plan (also sometimes known as the Master plan of the Town of Fraser as amended. . . , AND WHEREAS, it appearing to the Board of Trustees that it would be in the best interests of the Town of Fraser to zone this property as in this Ordinance provided; and therefore, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: Subsection A. The property to be zoned is described as follows, to wit: PARCEL A 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; THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29, S OO~30/44' E, A DISTANCE OF 1316.42 FEET TO THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29; -2- ýÿ . . THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29, S 89:J49'02" 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; 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 44:J32'15" AND AN ARC LENGTH OF 109.37 FEET, THE CHORD OF WHICH BEARS N 14';14'16" E, A DISTANCE OF 106.64 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF THE SOUTHERN PACIFIC RAILROAD; -3- ýÿ . . . 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 CENTRAL 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"; 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; -4- . . 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"; 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; -5- . . 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. PARCEL B A TRACT OF LAND TO BE KNOWN AS "DISCONNECTION/ANNEXATION PARCEL B," BEING DISCONNECTED FROM THE TOWN OF WINTER PARK AND ANNEXED TO THE TOWN OF FRASER, BEING A PORTION OF THE SWl/4SWl/4 OF SECTION 28, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M., GRAND COUNTY, COLORADO, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT BEING ON THE SOUTH 1/16TH LINE OF SAID SECTION 28, WHENCE THE SWl/16TH CORNER OF SAID SECTION 28 BEARS NORTH 89 DECREES 32 MINUTES 11 SECONDS EAST A DISTANCE OF 376.62 FEET; THENCE SOUTH 87 DECREES 09 MINUTES 02 SECONDS WEST FOR A DISTANCE OF 95.38 FEET TO A POINT; THENCE SOUTH 87 DECREES 13 MINUTES 27 SECONDS WEST FOR A DISTANCE OF 205.49 FEET TO A POINT OF NON-TANGENT CURVE; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 170.00 FEET AND AN ARC LENGTH OF 28.40 FEET, BEING SUBTENDED BY A CHORD OF NORTH 78 DECREES 47 MINUTES 46 SECONDS WEST FOR A DISTANCE OF 28.36 FEET TO A POINT; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 328.18 FEET AND AN ARC LENGTH OF 20.82 FEET, BEING SUBTENDED BY A CHORD OF NORTH 72 DECREES 11 MINUTES 38 SECONDS WEST FOR A DISTANCE OF 20.81 FEET TO A POINT BEING ON SAID 1/16TH LINE; THENCE NORTH 89 DECREES 32 MINUTES 11 SECONDS EAST FOR A DISTANCE OF 348.16 FEET ALONG SAID 1/16TH LINE TO THE POINT OF BEGINNING. TOGETHER WITH AND SUBJECT TO COVENANTS, EASEMENTS, AND RESTRICTIONS OF RECORD. SAID PROPERTY CONTAINS 2190 SQUARE FEET MORE OR LESS. -6- ýÿ . . PARCEL E A TRACT OF LAND TO BE KNOWN AS "DISCONNECTION/ANNEXATION PARCEL E," BEING DISCONNECTED FROM THE TOWN OF WINTER PARK AND ANNEXED TO THE TOWN OF FRASER, BEING A PORTION OF THE SW1/4SW1/4 OF SECTION 28, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M., GRAND COUNTY, COLORADO, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT BEING THE SOUTH 1/16TH CORNER OF SECTIONS 29 AND 28; THENCE NORTH 89 DECREES 32 MINUTES 11 SECONDS EAST FOR A DISTANCE OF 46.80 FEET ALONG THE SOUTH 1/16TH LINE OF SAID SECTION 28 TO A POINT; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 830.30 FEET AND AN ARC LENGTH OF 64.47 FEET, BEING SUBTENDED BY A CHORD OF SOUTH 46 DECREES 20 MINUTES 11 SECONDS WEST FOR A DISTANCE OF 64.46 FEET TO A POINT; THENCE NORTH 00 DECREES 13 MINUTES 07 SECONDS WEST FOR A DISTANCE OF 44.12 FEET TO THE POINT OF BEGINNING. TOGETHER WITH AND SUBJECT TO COVENANTS, EASEMENTS, AND RESTRICTIONS OF RECORD. SAID PROPERTY CONTAINS 1010 SQUARE FEET MORE OR LESS. PARCEL F 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 -7- ýÿ . . . QUARTER OF SECTION 20 TO BEAR N89;)42'50"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 S00026'00"E along said East Line a distance of 922.11 feet to the South Quarter Corner of said Section 20; 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 of 70020'01" and an arc length of 1002.64 feet, the chord of which bears N84026'30"Wa distance of 940.86 feet; 2 . ) S55034'5S"Wa 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; -8- , . . 7 . ) N19:l23'21"E a distance of 96.78 feet to the North Line of said Northwest Quarter of the Northwest Quarter of Section 29; Thence N89::40'12"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 NOOc20'01"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 . ) NOOo20'01"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 Subsection B. Pursuant to Sections 13-11-1 and 13-11-2 of the Code of the Town of Fraser, Colorado, the official zoning map of the Town of Fraser is hereby amended by zoning said property "Planned Development District No. 1 (PDD #1)", in accordance with the provisions of the revised Planned Development District Plan for the Maryvale property approved pursuant to Section 2 of this Ordinance. Section 2. Approval of Revised PDD Plan. WHEREAS, the Board of Trustees of the Town of Fraser, Colorado, by Ordinance Nos. 154 through 159, heretofore approved -9- . . . a Planned Development District Plan ("PDD Plan") for Planned Development District No. 1 ("PDD 11")1 and WHEREAS, Maryvale LLC, a Colorado limited liability company ("Developer"), is the current owner of a substantial portion of the property currently zoned PDD 11 and has submitted a proposed revised PDD Plan to govern the use and development of said lands and certain additional lands that it owns and that have been annexed to the Town of Fraser1 and WHEREAS, the Fraser Planning Commission has reviewed said application and has recommended that the revised PDD Plan be approved by the Board of Trustees 1 and WHEREAS, a public hearing concerning the proposed amendments to said PDD Plan was held by the Board of Trustees of the Town of Fraser pursuant to Notice of said public hearing, properly published and mailed to surrounding property owners, as required by the Code of the Town of Fraser, Colorado, and section 24-67- 106, Colorado Revised Statutes, as amended 1 and WHEREAS, the Board of Trustees hereby finds that the proposed modification of the provisions of said PDD Plan is consistent with the efficient development and preservation of the entire planned development, does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the planned development or the public interest, and is not granted solely to confer a special benefit upon any person1 and WHEREAS, the Board of Trustees hereby further finds that the proposed revised PDD Plan is in the best interest of the Town of Fraser, will promote good design, enhancement of environmental amenities and increased efficiency of public and private services, will ensure integrated planning goals and objectives of the Master Plan or Comprehensive Plan while allowing greater flexibility and innovations in development and site designs than is typically possible under the conventional zone district regulations, and while providing the Town with assurances that the project will retain the character now envisioned1 and WHEREAS, the Board of Trustees hereby further finds that the proposed revised PDD Plan, while preliminary in nature: -10- ýÿ . . . (a) Constitutes a unique and truly innovative project which is represented by the developer to be constructed within a reasonable period of time in relation to the projects' size and scope and which will be of economic benefit to the Town of Fraser thereby qualifying the project under this and other criteria for review under the PDD regulations; (b) Provides for and improves existing commercial, residential, industrial and education facilities within the community; (c) Ensures that the provisions of the zoning laws which direct the uniform treatment of dwelling type, bulk, density and open space within other zoning districts will not be applied in a manner which would distort the objectives of the Fraser Zoning Ordinance; (d) Allows innovations in residential and commercial development and renewal so that the growing demands of the population may be met by greater variety and types, design and layout of buildings and the conservation and more efficient use of open space ancillary to said buildings; (e) Allows an efficient use of land and of public and private services to reflect changes in the technology of land development so that resulting economies may inure to the benefit of the community as a whole; ( f ) Reduces energy consumption and demand; . (g) Lessens the burden of traffic on streets and highways by encouraging land uses which decrease trip length and encourage the use of public transit; (h) Conserves the value of the land and preserves environmental quality; ( i ) Provides a technique of development which can relate the type, design and layout of residential and commercial development to the particular site, thereby encouraging preservation of the site's natural characteristics; -11- ýÿ . . . ( j ) Encourages integrated community planning and development in order to achieve the above purposes; and WHEREAS, the Board of Trustees hereby further finds that the proposed revised PDD Plan is in substantial conformance with the Comprehensive Plan (also sometimes known as the Master Plan) of the Town of Fraser, as amended; and WHEREAS, it appearing to the Board of Trustees that it would be in the best interests of the Town of Fraser to approve said revised PDD Plan as in this Ordinance provided. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: Subsection A. The PDD Plan for the hereinafter described property zoned PDD #1 is hereby modified in its entirety and a revised PDD Plan is approved by the Board of Trustees for such property, which revised PDD Plan shall consist of the following Plan documents on file with the Town Clerk and incorporated herein by this reference: ( 1 ) The Amended and Supplemented Annexation Agreement for the Maryvale Property, dated April 15, 1998, approved by Ordinance No. ; (2 ) The Planned Development District (PDD) Application, dated December, 1997, revised March, 1998, submitted by Developer; (3 ) The Maryvale Village Planned Development District map, which bears the Board of Trustees approval as of this date. Subsection B. The property subject to said revised PDD Plan is described as follows: 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: -12- . . . 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 (SEl/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 (NEl/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; Together with that portion of the North one-half of the Northwest one-quarter (Nl/2NW1/4) of said Section 29 lying Northerly and Easterly of the Southern Pacific Railroad right of way; Together 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; -13- . . . . 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- Maryvale, 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 NumberH0080; Except that tract of land known as "Maryvale Planning Area No. 6" a Subdivision Exemption; Except that tract of land known as "King'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. Section 3. Severabilitv. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES THIS day of , 1998. -14- ýÿ . . - . . 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. -15- ',: r"Jr,. :1,' ''!'r.MF' ~..:.:. ::''':'. ., ýÿ I I ~ . . '. TOWN OF FRASER. COLORADO ORDINANCE NO. 1998- __ ~ 1 AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE 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 (SEl/4SWl/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 TOWNSIDP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS; Beginning at the South Quarter Comer of Section 20; Thence North 000:26' 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 . . , . 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 56OJ6'15" 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 56OJO'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 33030'00" East a distance of 123.12 feet; THENCE North 20"27'22" West a distance of97.99 feet; THENCE North 52"21'56" West a distance of 130.58 feet; THENCE North 6803rOO" West a distance of217.27 feet; THENCE North 60059'53" West a distance of 222.49 feet; THENCE North 84OJ4'1O" 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 of 348.11 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 88<'56'15" West a distance of 176.76 feet; THENCE North 78"21'25" 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 (SWl/4SEl/4) of said Section 20; Thence South 8go44'47" West a distance of200 feet along the North Line of the Southwest Quarter of the Southeast Quarter (SWl/4SEl/4) of Section 20 to the Northwest comer of Southwest Quarter of the Southeast Quarter (SWl/4SE1I4) 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 (SW1I4SEl/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"20'02" East a distance of 1,325.01 feet along the West Line of the Southeast Quarter ofthe Southwest Quarter (SE1I4SWl/4) of Section 20 to the Northeast Comer of the Northwest Quarter of the Northwest Quarter (NWl/4NW1I4) of Section 29; -2- . . Thence South 89040' 12" West a distance of 811. 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 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 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 55034'55" 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 of 700:20'02", and an arc length of 1,002.64 feet, the chord of which bears North 840:26'39" West a distance of 940. 86 feet; to the East Line of the Northeast Quarter of the Northwest Quarter (NEl/4NWl/4) of Section 29; Thence North 00031'55" West a distance of764.77 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 I South, Range 75 West of the 6th P.M. described as follows: Commencing at the Northwest comer of the Southeast one-quarter, Southwest one- quarter (SEl/4, SW1I4) of said Section 20; Thence South 000:20'01" 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- ýÿ . . . Thence South OO~O'O 1" East, parallel with the West line of the Southeast one-quarter of the Southwest one-quarter (SEl/4, SW1/4) 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 (SE1/4, SW1/4) of said Section 20~ THENCE North OO~O'Ol" West along the West line of the Southeast one-quarter Southwest one-quarter (SE 1/4, SW1/4) 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, 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 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 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 of 38.65 feet to the East Line of said Southeast Quarter of the Southwest Quarter of Section 20; Thence SOO~6'00"E along said East Line a distance of922.11 feet to the South Quarter Comer of said Section 20~ -4- ýÿ . . . Thence SOo031'55"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 70"20'0 1" and an arc length of 1 002.64 feet, the chord of which bears N84"26'30"W a distance of 940.86 feet; 2.) S55034'55"W a distance of 20 1.94 feet; 3.) S52055'19"W a distance of 79.50 feet; 4.) S55"25'43"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.) NI6049'59"E a distance of 175.78 feet; 7.) NI9"23'21 "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 Comer of said Northwest Quarter of the Northwest Quarter of Section 29; Thence N00"20'0 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.) N00"20'0 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 N00"20'0 1 "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 owned by Scott Bradley, et al: A PART OF THE SOUTHEAST ONE-QUARTER SOUTHWEST ONE-QUARTER (SE 1/4, SWl/4) OF SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: -5- ýÿ . . . Beginning at the Northeast comer of said Southeast one-quarter Southwest one-quarter (SEl/4SWl/4); Thence South 00"26' East, along the East line of said Southeast one-quarter Southwest one-quarter (SEl/4SWl/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. HIGHWAY No. 40 WITHIN THE SI/2SEl/4 OF SECTION 20 AND THE NE1/4NEl/4 OF SECTION 29, TOWNSHlP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M., DESCRJBED AS FOLLOWS; Beginning at the South 1/4 comer of Section 20; Thence proceeding North 00"26' 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 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"27'22" West a distance of97.99 feet; THENCE North 52"21'56" West a distance of 130.58 feet; -6- . . . THENCE North 68031'00" West a distance of217.27 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 of83.82 feet; THENCE South 50046'16" West a distance of 136.99 feet; THENCE North 6']002'41" West a distance of 348.11 teet; 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; THENCE North 78<>21'25" West a distance of75.00 feet; THENCE North 310)3'11" West a distance of138.14 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 (SE1/4, SW1/4) OF SECTION 20, TOWNSmP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: Beginning at the Northwest comer of the Southwest Quarter of the Southeast Quarter (SW1/4SEl/4), of Section 20; Thence South 00<>26' East, along the East Line of said Southeast Quarter of the Southwest Quarter (SEl/4SW1/4) 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 1I4SW 114) 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 ofa non-tangent curve to the right having a radius of2,794.80 feet, a central angle of 03037'58" and an arc length of 177.21 feet, the chord of which bears South 61 <>23'38" East a distance of 177.18 feet; Thence South 5']014'43" East a distance of38.65 feet; Thence North 00<>26' 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- ýÿ . . . . Published in the Winter Park Manifest on April , 1998 -9- ~ . . .. TOWN OF FRASER, COLORADO ORDINANCE NO. 1998- AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF FRASER FOR THE PURPOSE OF ZONING THREE TRACTS OF LAND. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO: Section 1. Property Zoned; Zoning Map AmendecJ. That Section 13-2-2 of the Fraser Zoning Ordinance and the map referred to therein as the "Official Zoning Map of the Town of Fraser, " said map being part of said Zoning Ordinance and showing the boundaries of the districts specified, shall be and the same are hereby amended in the following particulars, to wit: That the following property annexed into the Town of Fraser, Colorado, on this date (and shown on Exhibit A) shall be included within the boundaries of the zone districts designated as follows: A) Tract 1: Business District Legal Description 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 of the Southeast one-quarter, Southwest one- quarter (SEl/4, SWI/4) of said Section 20; Thence South 00<20'0 I" East, along the West line of the Southeast one-quarter Southwest one-quarter (SEl/4, SWI/4) of Section 20, a distance of582.71 feet to the Point of Beginning; Thence North 89039'59" East, 333.77 feet; Thence South 00<20'0 I" East, parallel with the West line of the Southeast one-quarter of the Southwest one-quarter (SEl/4, SWI/4) of said Section 20, a distance of 652.55 feet; Thence South 89039'59" West 333.77 feet to the West line of the Southeast one-quarter Southwest one-quarte~ (SEI/4, SWl/4) of said Section 20; THENCE North 00<20'01" West along the West line of the Southeast one-quarter Southwest one-quarter (SEl/4, SWl/4) 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 B) Tract 3: Business District Legal Description A PART OF THE SOUTHEAST ONE-QUARTER SOUTHWEST ONE-QUARTER (SE1I4, SWl/4) OF SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: Beginning at the Northeast comer of said Southeast one-quarter Southwest one-quarter (SEl/4SWl/4); Thence South 00~6' East, along the East line of said Southeast one-quarter Southwest one-quarter (SE1I4SW1I4) 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 (SE1/4SWl/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 C) Tract 4: Business District Legal Descriotion A TRACT OF LAND LYING NORTHEASTERLY OF U.S. mGHW A Y :r:-ro. 40 WITHIN THE S1I2SE1I4 OF SECTION 20 AND THE NE1/4NE1I4 OF SECTION 29, . TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TI1 P.M.., DESCRIBED AS FOLLOWS; Beginning at the South 1/4 comer 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 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 56OJ1'25" East a distance of 135.02 feet; THENCE South 71058'51" East a distance of 120.78 feet; THENCE South 56OJ6'15" East a distance of 1,129.95 feet; ýÿ . . . . 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 of20.00 feet; THENCE North 33030'00" East a distance of 505.19 feet, more or less; THENCE North 560)0'00" 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 68031'00" West a distance of217.27 feet; THENCE North 60059'53" West a distance of222.49 feet; THENCE North 840)4'10" West a distance of94.32 feet; THENCE South 71~5'43" West a distance of 83.82 feet; THENCE South 50046'16" West a distance of 136.99 feet; THENCE North 6']002'41" West a distance of 348. 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 5go13'14" West a distance of 124.47 feet; THENCE South 75040'28" West a distance of 85.06 feet; THENCE South 8S056'15" West a distance of 176.76 feet; THENCE North 78"21'25" West a distance of75.00 feet; THENCE North 310)3'11" 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 Comer of the Southwest 1/4 of this Southeast 1/4 of Section 20; Thence South 00~6'OO" 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 Section 2. Severability. If any section, subsection, or clause of this Ordinance, or the zoning 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, clauses and the zoning 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: ýÿ . . . . ATTEST: TOWN OF FRASER: By: Virginia Winter, Town Clerk Jeff Johnston, Mayor Published in the Winter Park Manifest on May --' 1998 .. . . . . . . - ANNEXA TION MAP FOR LE:GDI0 - EXHIBIT A TOWN OF FRASER ------ CONfICUOUS FRA~(R fOWN BOUNDARY UWNWRSHIP TRACT 3 -, BRADU:Y ET. AL PERt VETER OF AREA 10 9[ ANNEXEO BOOK 459 AT PAGE 319 SHEET 2 OF 2 GRANO COUNTY CLERK AND RECOROER.S OFFICE " (AREA= 1.60 AC,:I:) (R) RECORD BEARING AND OIST ANCE .... (1,55:::; OF TOTAL I\NNEXATION) "- "- rN31"33'11"1/(R)(A) .... '" "-, / '38,14 - '" , ~4) ANNEXED 8EARlHC AND OISTANCE ..a 0 _ COR. Sl1/4 /-N711"21'2S"I/(R}(A) 5 "? Wf/4 S(c 20 N 115. a.".. InH P / 7S.oo '" MON. NOT J'OUICl / . CAlCULATED AUOUOT SECTION CORNER N " PC*T Of' BlGNIIIG--. -/- ____ S7S.411.28"W(R)(A) "" ........."""', 85.06 tiSZQ 1-------------- ,-_ -:: - -,~ =-~~I~.'4~(R~A; T - - - - - - - - - - - - --, ~ 08 OWNERSHIP TRACT 5 __c-.. '24.47 I I :JS&l U.S. HIGHWAY 40 R.O.W. SE1/4 SE1/4 I (AREA=2.08 AC.:!:) 9"CM.37 "1/(R)(A) I I ,~ SEC. 20 I _ 0 I (1.96% OF TOTAl ANNEXATION) :e- ;: ""30 I ~ OQ I :~i ~ 0.:5 :~ . III. 6 I I ou l_I77.21' I R-27'N.aa" I 1.1I U . 0iIIl0-0J'3r58- I ::c ~ I a..-ser23"38& 177. I' I ~ 1 U ~ g I ....>>"51"'[(.) ~] Sll"3' .oo"l/(R)(A) ::s ~ ..., 77 217.27 N~ I .. ~ ~ RI SE1/4 SW1/4 ~::\ .. N5Z2' 'S6"1/(R)(A) I w I III :1 J l' 0 .....e: I 0- SEC. 20 ' 30.58 I Sl I ~ ~~IIl~~~ __Vl I OWNERSHIP TRACT 1 F .,! 1"'<<00 .... t::J SWl/4 SWl/4 I ~ SUMRALl 8 :: I" ;1 i -Ii ;: " =i SEC. 20 BOOK 467 AT PAGE 870 'IS 8 ~ Ii II a i;1 z , I I 'ii! GRANO COUNlY CLERK AND , I ..~ I l RECORDER'S OFFICE , I I (AREA=5.00 AC.:!:) 1 , I --~ SWl/4 SE1/4 SS6'.1. NS6'3O.00"W(R)(A) I I (4.86% OF TOTAL ANNEXATION) 1 SEC. 20 , 175.00 " ,,~:S~~ I 1 '9S !:I4; I, I S89"40'12"1/(R)(A) J ."_" ..'." , " t ~ _ .,):..1_, _'1'=' _'..U_ll r-.UU..:.. UU. . - . - . . . ... . TOWN OF FRASER, COLORADO ORDINANCE NO. 1998- AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF FRASER FOR THE PURPOSE OF ZONING FOUR TRACTS OF LAND. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO: Sectio(11. Property Zone<t; Zoning Map Amended. That Section 13-2-2 of the Fraser Zoning Ordinance and the map referred to therein as the .'Official Zoning Map of the Town of Fraser'. said map being part of said Zoning Ordinance and showing the boundaries of the districts specified, shall be and the same are hereby amended in the following particulars, to wit: That the following property annexed into the Town of Fraser, Colorado. on this date shall be ineluded within the boundaries of the zone districts designated as follows: TRACT 1: BUSINESS DISTRICT ~ DescriptiQn: All that portion of the Southeast one-quarter Southwest one-quarter (SE1/4,SW1/4) of Section 20. Township 1 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 (SE1/4. SW1/4) of said Section 20; Thence South 00020'01" 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 89039'59" East. 333.77 feet; Thence South OO~0101" East, parallel with the West line of the Southeast one-quarter of the Southwest one~quarter (SE1/4. SW1/4) of said Section 20. a distance of 652.55 feet; Thence South 89039'59" West 333.77 feet to the West line of the Southeast one-quarter Southwest one-quarter (SE1/4, SW1/4) of said Section 20; GED\55339\282053.01 -1- ~. _V~} ýÿ Hr t'" - l ~..' - L :" 1 '.:' L ':. _,.... 1..Ul- '~.I_!l.H I i r-'I..l'~. :::0::: :::'~>:' ':1)1) 1 F' . IJIJ -:: lJlJ';"' . . , THENCE North 00020'01" West along the West line of the Southeast one- quarter Southwest one-quarter (SE1/4, SW1/4) 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 TRACT 2: PLANNED DEVELOPMENT DISTRICT Legal DescriDtion: 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 NS9042'50"E WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO: Thence NSgo42'50"E along said North line a distance of 471.44 feet to the Southerly Right-of-Way Line of U.S. Highway 40; Ther'!cs the following four (4) courses along said southerly Right-of-Way line: 1.) SG6045'02"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 S61~3'38"E a distance of 1n.18 feet; 4.) S57014'43"E a distance of 3S.65 feet to the East Line of said Southeast Quarter of the Southwest Quarter of Section 20; Thence S00Cl26'OO"E along said East Line a distance of 922.11 feet to the South Quarter Corner of said Section 20; GEO\55339\282053.01 -2- - Hrr- -J.._.--~ -:' ':1 l .'. _'_ 1.11_1~ :'1_11 ~ n I ~ r- 1~1 1 :' _,~_I _I .' 1 t:. : l:-'U 1 to' . U'-'~ UU, . . . . Thence SOOo31'SS"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 Jeft having a radius of 816.78 feet, a central angle of 70~O'01" and an arc length of 1002.64 I feet, the chord of which bears N84026'30'Wa distance of 940.86 feet; 2.) S55034'55'Wa distance of 201.94 feet; 3.) S52055'19'W a distance of 79.50 feet; , 4.) S55025'43'Wa 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 oentral 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.) N1e023'21"E a distance of 96.78 feet to the North Line of said Northwest Quarter of the Northwest Quarter of Section 29; Thence NS9<>40'12"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~0'01 '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 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.) N89Q39'59"E a distance of 333.n feet; 2.) NOOo20'01'Wa 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 Sedion 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 Jess. County of Grand State of Colorado Ce0\55339\282053 01 -3- ýÿ .. - . - . - .. - 'w' '_t'_" _,,_, _' .' '_I" w' . _'._' _, _' t r:. _'.:..11:..1 J. ~. . t_U_l~. l:"U_1 I . . TRACT 3: BUSINESS DISTRICT legal DescriDtion: A PART OF THE SOUTHEAST ONE-QUARTER SOUTHWEST ONE- QUARTER (SE1/4, SW1/4) OF SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M., DESCRIBED AS FOllOWS: Beginning at the Northeast corner of said Southeast one-quarter Southwest one-quarter (SE1/4SW1/4); Thence South 00026' 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 (SE1/4SW1/4); 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 TRACT 4: BUSINESS DISTRICT Legal Description: A TRACT OF lAND LYING NORTHEASTERLY OF U.S. HIGHWAY No. 40 WITHIN THE S112SE1/4 OF SECTION 20 AND THE NE1/4NE1/4 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 8 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 of 342.69 feet: GEO\55339\282053.01 -4- 1 --- - - --~... . . -' '- - -- . . . 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 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 33030'00" East a distance of 123.12 feet; THENCE North 20~7'22" West a distance of 97.99 feet; THENCE North 52021'56" West a distance of 130.58 feet; THENCE North 68031'00" West a distance of 217.27 feet; THENCE North 60059'53" West a distance of 222.49 feet: THENCE North 84034'10" West a distance of 94.32 feet; THENCE South 71025'43" West a distance of 83.82 feet; THENCE South 50046'16" 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; THENCE North 78~1'25lt West a distance of 75.00 feet; THENCE North 31~3'11" 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 Corner of the Southwest 1/4 of the 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 Section 2. Severa b '1IW, If any section, subsection. or clause of this Ordinance, or the zoning 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. clauses and the zoning of the remaining lots or tracts of land shall not be affected thereby. OEO\55339\282053.01 -5- . . . c 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 [5 E A l] Published in the Winter Pltrk .ManifU1 on April _' 1998 GEO\55339\282053.01 -6- - - - - - ýÿ . . PDD #1: wbat's new & different? The Community, Planning Commission, Town Board and staff have been working with the Maryvale developers for the past three years on revising the Planned District Development Plan approved in 1986. Things that are new & different in the plan include: 1. Reduction in density. 2. Affordable housing component. 3. Audubon Signature Status Program Golf Course. 4. Fraser River Trailhead parking lot. 5. Protection of the Cozen's Cemetery. 6. Possible one acre site (3w) to be dedicated to the Town for public use. 7. Two additional pockets parks to be located in Planing Area 5W and 9E. 8. Revised master plan that takes into consideration the lay of land and the protection of steep slopes (including the open space dedication of 4E to the Town) and wetland areas. 9. Pushed back development in the meadow (including removal of the Fraser Valley Parkway, clubhouse facility and U.S. Highway 40 access). IN EXCHANGE FOR THE ABOVE, THE TOWN IS PERMTITING THE FOLLOWING: 1. Residential and commercial metropolitan districts. 2. Chip and seal instead of asphalt paving in some planning areas. 3. The possibility of utilizing individual well & septic systems in planning areas on the "upper east side." 4. Longer cul-de-sac lengths (we anticipate amending our subdivision regulation to permit the toDD' cul-de-sac). 5. Flag lots within Planning Area 1 I W to minimize the impacts associated with road construction. . . E'xh I' h', tE AMENDED AND SUPPLKMENTED ANNEXATION AGREEMENT FOR THE MARYVALEPROPERTY between The TOWN OF FRASER, a municipal corporation of the State of Colorado ("Fraser"), and MARYV ALE LLC, a Colorado limited liability company ("Developer"), dated Apri115, 1998 . . TABLE OF CONTENTS ARTICLE 1.0 - RECITALS . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 2.0 - DEFINITIONS. . . . . . . . . . . . . . . . . . . 4 ARTICLE 3.0 - CONDITIONS PRECEDENT AND EFFECT OF AGREEMENT; EXCLUDED PROPERTIES; OTHER REGULATIONS . . . . . . . . . 11 ARTICLE 4.0 - PERMITTED USES; DENSITIES; DESIGN REQUIREMENTS 13 ARTICLE 5.0 - WATER . . . . . . . . . . . . . . . . . . . . . 18 ARTICLE 6.0 - SEWER. . . . . . . . . . . . . . . . . . . . . 27 ARTICLE 7.0 - OTHER UTILITIES. . . . . . . . . . . . . . . . 29 ARTICLE 8.0 - DRAINAGE . . . . . . . . . . . . . . . . . . . 30 ARTICLE 9.0 - STREETS AND ROADS . . . . . . . . . . . . . . . 30 ARTICLE 10.0 - PUBLIC DEDICATIONS . . . . . . . . . . . . . . 36 ARTICLE 11.0 - TRANSFER OF PLANNING AREA . . . . . . . e", . . 41 ARTICLE 12.0 - SERVICES. . . . . . . . . . . . . . . . . . . 41 ARTICLE 13.0 - METROPOLITAN DISTRICTS . . . . . . . . . . . . 42 ARTICLE 14.0 - REMEDIES . . . . . . . . . . . . . . . . . . . 43 ARTICLE 15.0 - MISCELLANEOUS . . . . . . . . . . . . . . . . 44 EXHIBIT A-I . . . . . . . . . . . . . . . . . . . . . . . . . 51 EXHIBIT A-2 . . . . . . . . . . . . . . . . . . . . . . . . . 52 EXHIBIT A-3 . . . . . . . . . . . . . . . . . . . . . . . . . 53 EXHIBIT A-4 . . . . . . . . . . . . . . . . . . . . . . . . . 54 EXHIBIT A-5 . . . . . . . . . . . . . . . . . . . . . . . . . 58 EXHIBIT A-6 . . . . . . . . . . . . . . . . . . . . . . . . . 59 -i- . . EXHIBIT B . . . . . . . . . . . . . . . . . . . . . . . . . . 60 EXHIBIT C . . . . . . . . . . . . . . . . . . . . . . . . . . 61 -ii- ýÿ . . AMENDED AND SUPPLEMENTED ANNEXATION AGREE:MENT FOR THE MARYV ALE PROPERTY Apri115, 1998 THIS AGREEMENT is made and entered into by and between the TOWN OF FRASER, a municipal corporation of the State of Colorado ("Fraser"), and MARYV ALE LLC, a Colorado limited liability company ("Developer"). ARTICLE 1.0 - RECITALS This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties: 1.1 Fraser is a municipal corporation existing under the laws of the State of Colorado. Developer is a limited liability company organized and exiting under the laws of the State of Colorado. 1.2 Fraser and Regis-Maryvale, Inc., a Colorado corporation, heretofore entered into a written Annexation Agreement dated October 5, 1986, which was recorded on October 21, 1986 in Book 405 at Pages 734 through 806 (Reception No. 249082) of the records in the office of the Clerk and Recorder of Grand County, Colorado. 1.3 Developer acquired ownership of the Property described in said Annexation Agreement and is the successor to all rights and obligations of Regis-Maryvale, Inc. under said Annexation Agreement. 980410 . . . 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 Fraser 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 Fraser 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 Fraser and conveyed to third parties, and certain other properties were annexed to Fraser and conveyed to Developer. The properties acquired by Developer and annexed to Fraser were zoned PDD #1 and became a part of the approved 1986 Plan. 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 incorporated by reference (the "Excluded Properties"). It is contemplated that such Excluded -2- 980410 ýÿ . . 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 fIled 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 the property previously annexed to Fraser and zoned PDD #1, but excluding the Excluded Properties, shall 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 hereof), 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 hereto as Exhibit B and incorporated herein by reference. Developer has requested that such revised PDD Plan be substituted for the 1986 Plan as it relates to the Maryvale Property. -3- 980410 ýÿ . . 1.10 The annexation and zoning of the Additional Property and adoption of the revised PDD Plan, if approved by Fraser, will be with the express understanding and intent that such PDD Plan is preliminary in nature and the final approval of development of the Maryvale Property, or any portions thereof, is subject to compliance by Developer or its successors-in- interest with Fraser's Subdivision Regulations, the requirements of the PDD Ordinance for Final Planned Development Plan ("FPDP") approval, and other pertinent regulations of Fraser. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by both Fraser and Developer, the parties agree as follows: ARTICLE 2.0 - DEFINITIONS 2.1 As used in this Agreement, unless specifically stated otherwise, the words and v phrases used shall have the meaning as defmed in the PDD Ordinance and the Fraser Subdivision Regulations. For the purpose of this Agreement the following words and phrases have the definitions provided for below: 2.1.1 Affordable Housing. Dwelling units intended to be purchased and/or rented by Fraser Valley residents. Said units shall have restricted use based upon housing sizes and types for Fraser Valley residents meeting asset, income and occupancy guidelines approved by the Fraser Board of Trustees and/or Grand County Housing Authority. -4- 980410 . . 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 defmed in the PDD Ordinance. 2.1.5 Development Plan Summary. The Planned Development District map and summary dated , a copy of which 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 Board of Trustees of Fraser. Whenever any action is required to be taken by Developer hereunder at the time of or in conjunction with FPDP or subdivision review -5- 980410 . . or approval, and the FPDP and subdivision processes do not occur concurrently. then the action shall be required at the time of the frrst such process to occur unless otherwise determined by Fraser. 2.1.8 Fraser Valley Residents. Persons gainfully employed in Grand County, Colorado, for at least 30 hours per week for 40 weeks per year. 2.1.9 Height. The height of a building is the vertical distance above a reference datum measured to the highest point of a structure, exclusive of chimneys, ventilators, pipes, spires, or similar items. The reference datum shall be selected by either of the following, whichever yields the greatest height of the building: (1) the elevation of the highest adjacent sidewalk or ground surface within a ten (10) foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than five (5) feet above the lowest grade; (2) an elevation five (5) feet higher than the lowest grade when the sidewalk or ground surface described in item 1 above is more than five (5) feet above the lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building. 2.1.10 Key Count. The number of separately keyed sleeping accommodation units contained in any lodge or hotel. 2.1.11 Lodge/Hotel Unit. A dwelling intended to be used, rented, or hired out as temporary or overnight accommodations, in conjunction with recreation, conference or resort uses. A lodge or hotel unit could be room in a hotel, motel, condominium hotel or motel, lodge, or bed and breakfast facility. A measure of lodge or hotel -6- 980410 ýÿ . . density is determined by the "key count". The 1,408 lodge/hotel units proposed by the Development Plan Summary represents the key count. 2.1.12 Master Plan. A plan for guiding and controlling the physical development of land use and circulation in the Town of Fraser and beyond to a limit of three miles, as adopted pursuant to Part 2 of Article 23, Title 31, Colorado Revised Statutes, and any amendment or extension of such a plan. The Master Plan is also known as the "Comprehensive Plan." 2.1.13 Developer. The term initially refers to Maryvale LLC, the owner of record of the Maryvale Property. It shall also be deemed to include any person or entity who subsequently acquires a fee simple interest of record in any portion of the Maryvale Property as a transferee, grantee, assignee or successor of Maryvale LLC; except that the purchasers of subdivided residential units or commercial space in an approved FPDP or subdivision area shall not be deemed to be a Developer for purposes of this Agreement and the PDD Plan. 2.1.14 PDD Ordinance. Ordinance No. 131, Series of 1985, of the Town of Fraser, also known as Section 13-3-12 of the Town Code, as now existing or hereafter amended. 2.1.15 PDD Application. The Planned Development District (PDD) Application, dated December, 1997, revised , 1998, submitted by Developer in connection with the revised PDD Plan. -7- 980410 ýÿ . . 2.1.16 Planned Development District or PDD. As defmed 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 defmed in the PDD Ordinance. Such PDD Plan for the Maryvale Property includes this Agreement and such other graphi~ and written documents designated by the Fraser 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 SlJmmary. For 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. 2.1.19 Residential Unit. A residential unit is synonymous with a dwelling unit as defined in the Subdivision Regulations, as such definition may from time to time be amended. All residential units shall contain at least five hundred (500) square feet of -8- 980410 . . floor area measured on the outside walls, or such greater area as may be established by . the Subdivision Regulations. A condominium, a townhouse, a zero lot line unit and a residence constructed on a lot are all considered residential units for the purposes of this Agreement and the PDD Plan. 2.1.20 Sewer Plan. The Sewer 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. 2.1.21 Subdivision Regulations. Those regulations adopted by Fraser pursuant to Part 2 of Article 23, Title 31, Colorado Revised Statutes, and now contained in Chapter 12 of the Town Code, as the same may be amended in the future. 2.1.22 Town Code. The Code of the Town of Fraser, Colorado, as adopted and as amended from time to time by the Fraser Board of Trustees. 2.1.23 Traffic Plan. In general, a plan for circulation of traffic and roads as contained in the Development Plan Summary and as contained in the Developer's revised PDD Application. 2.1.24 Traffic Study. A study dated September 30, 1997, entitled the "Traffic Impact Analysis", performed by Leigh, Scott & Cleary, Inc. and submitted with Developer's revised PDD Application. 2.1.25 Water Local Facilities. As used in Article 5.0 of this Agreement, the term "Water Local Facilities" means the water facilities necessary to serve an individual Planning Area or portion thereof which is the subject of a FPDP or -9- 980410 ýÿ . . subdivision application, including the water distribution lines, fire hydrants, valves, fittings and other facilities within the individual Planning Area or subdivision. Water Local Facilities do not include individual service lines from a water main to a structure, nor does such term include individual on-site wells or the pumps and pipelines connecting such wells to the residence served, which facilities shall be owned and maintained by the owner of the property on which the service line or well is located. 2.1.26 Water Regional Facilities. As used in Article 5.0 of this Agreement, the term "Water Regional Facilities" means the water supply well pumps and appurtenances, treatment facilities, transmission lines to storage, storage facilities, and primary distribution lines and related PRY/booster stations connecting the Water Source Facilities and the Water Local Facilities to Fraser's existing water system. 2.1.27 Water Source Facilities. As used in Article 5.0 of this Agreement, the term "Water Source Facilities" means the water rights, augmentation plans, the drilled groundwater wells, raw water reservoirs, distribution system to convey water to and from such reservoirs, and other augmentation facilities required to provide a legal and physical water supply for the Maryvale Property. 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. -10- 980410 . . 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 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 ftnal, declare this Agreement to be null and void, in which case the 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. -11- 980410 . . 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), including 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 without limitation, subdivision regulations, building codes and air quality regulations, as they now exist or may be hereafter amended. 3.4 The Excluded Properties described in Exhibits A-I through A-3, respectively, are not included in and shall not be deemed a part of the revised PDD Plan for the Maryvale Property. Until rezoned, such Excluded Properties will remain subject to the 1986 Plan, and the provisions of said 1986 Plan shall govern the use and permitted development, if any, of said Excluded Properties. By separate agreements, Developer and the owners of said -12- 980410 . . Excluded Properties have agreed to such arrangements concerning the Excluded Properties and have further agreed that the Maryvale Property and the Excluded Properties shall be deemed entirely separate for purposes of zoning and all other purposes under Fraser's ordinances and regulations. The owner(s) of any of the Excluded Properties may apply to Fraser for a rezoning of such Property without the approval or consent of the Developer of the Maryvale Property or the owners of the other Excluded Properties; and the Developer of the Maryvale Property may similarly apply for a rezoning or amendment of the PDD Plan for such Property without the approval or consent of the owners of the Excluded Properties. ARTICLE 4.0 - PERMITTED USES; DENSITIES; DESIGN REQUIRE:MENTS 4.1 The proposed land uses within each Planning Area are specified on the Development Plan Summary. No different or additional uses shall be permitted, unless approved by Fraser in connection with its review of the FPDP for a Planning Area. 4.2 The maximum number of dwelling units and commercial square footage and corresponding densities for each Planning Area are established on the Development Plan Summary, subject to adjustment by density transfers as provided in Section 4.3 hereof. The maximum densities set forth on the Development Plan Summary are intended solely as upper limits on development, and are not a guarantee that the property may be developed with the specified maximum number of units and/or commercial square footage. These limits mayor may not be achieved depending upon compliance with all applicable regulations. The actual number of units and commercial square footage that may be constructed within a Planning -13- 980410 . . . Area will be determined at the time of Fraser's review of the FPDP or subdivision application for the Planning Area, and will depend upon the details of the type and design of the development proposed, site conditions, and all other relevant factors. 4.3 Permitted densities may be transferred between Planning Areas, subject to the limitations provided in the PDD Ordinance and this Section 4.3. Transfers of allowable residential and/or commercial densities between Planning Areas shall be permitted up to but not to exceed 10% of the maximum density established in the Development Plan Summary for the Planning Area to which the transfer is to be made, provided that the overall number of units and commercial square footage approved for all Planning Areas is not exceeded on the Maryvale Property in the aggregate, and provided further that no density transfers shall be permitted to Planning Areas 7WB and 7WC. The maximum number of residential units served by individual well and septic systems shall be seventy-one (71). A density transfer as provided in this Section is a minor change in the approved PDD Plan in accordance with the provisions of the PDD Ordinance and shall be valid once the following conditions have been met: 4.3.1 An application for transfer of density has been fIled with the Planning Commission by the Developer of the land to which the density will be transferred; and 4.3.2 Written consent to the transfer has been received by the Planning Commission from the Developer and any lienholder of the land from which the density will be transferred; and -14- 980410 ýÿ . . 4.6 Design of the golf course shall comply with the requirements and regulations of the Audubon Signature Status Program in effect at the time of submittal of the FPDP application for the golf course Planning Area. The required parking for the golf course shall be determined by Fraser in its reasonable discretion based on comparable uses, in connection with its review of said FPDP application. FPDP approval shall be conditioned upon appropriate fmancial assurances that the golf course will be constructed in accordance with the approved design and construction schedule. 4.7 Open space shall be provided within the PDD in the amounts specified on the Development Plan Summary. Not less than Twenty Percent (20%) of each Planning Area shall be maintained as open space, with the location and type of such open space to be determined at the time of review of the FPDP or subdivision application for the Planning Area or any portion thereof. Except as otherwise provided in Article 10.0 with respect to public dedications, open space shall be dedicated or reserved at the time of approval of the FPDP or subdivision of a Planning Area or any portion thereof which includes the open space. The permitted uses, the manner of reservation or dedication, and the provisions for administration and maintenance of open space, other than public dedications pursuant to Article 10.0 hereof, shall be governed by the Subdivision Regulations and the PDD Ordinance. 4.8 Unless otherwise specified in the PDD Application, all development within the PDD shall conform to the lot size, yard and setback requirements contained in the zoning regulations for the type of development proposed, as determined by the Planning Commission. -16- 980410 0 . . 4.9 At the time of submittal of a FPDP or subdivision application for Planning Areas 1 W, 4W, 12E, 13E or 14E, or any portion thereof, Developer shall submit reasonably complete design drawings and documents for the installation of street lighting along U.S. Highway 40 adjacent to such Planning Areas. Such design shall conform with the design of the existing street lights along U.S. Highway 40 in Fraser. The Public Improvements Agreement executed at the time of the FPDP or subdivision approval shall include provisions for the installation of such street lighting. Street lighting may also be required in other portions of the Maryvale Property in connection with FPDP or subdivision review. 4.10 Developer agrees to provide affordable housing for Fraser Valley residents as part of the PDD Plan. Developer agrees that not less than Twenty Percent (20 %) of all residential units constructed in Planning Areas 1W and 4W shall be affordable housing units. A proportionate number of such affordable housing units shall be constructed prior to or concurrent with the construction of any other type of residential units within said Planning Areas lW and 4W. Developer further agrees that 100% of all residential units constructed in Planning Area 2W shall be affordable housing units. The FPDP for said Planning Area 2W shall be submitted prior to or concurrent with any FPDP or subdivision application for Planning Area 1W or 4W, and must be approved prior to or concurrent with the approval of any FPDP or subdivision application for said Planning Area 1 W or 4W, or any portion thereof. Construction of such affordable housing units to be provided in Planning Area 2W shall commence within two (2) years after approval of the FPDP or subdivision for any portion of Planning Area 1W, 4W or 2W, whichever is frrst to occur. -17- 980410 . . 4.3.3 Satisfactory evidence of ownership, liens and encumbrances, has been presented for the lands affected by the transfer; and 4.3.4 The Planning Commission has taken formal action approving the transfer after determining that the density is available for transfer, which approval shall not be unreasonably withheld; and 4.3.5 A Memorandum of Approval signed by the Town Clerk has been filed in the office of the Clerk and Recorder of Grand County evidencing the transfer approval. 4.4 The Development Plan has not been configured based upon surveyed acreages for the various Planning Areas. In the event the boundaries of a Planning Area are adjusted at the time of subdivision or FPDP, then the approved number of residential units or the approved commercial square footage provided for in the Development Plan Summary shall be the controlling factor and the designated acreage or density will be adjusted from that constant. 4.5 Except as provided in Section 4.6 with respect to the golf course, development within the PDD shall conform with the general design guidelines described in the documents approved as part of the PDD Plan. However, more specific design information shall be required at the time of FPDP and/or subdivision review, in accordance with the applicable regulations . All proposed commercial development, or mixed-use development which includes a commercial component, shall comply with development review and permitting requirements applicable to development in the "B - Business District" zoning classification, as contained in the Fraser zoning regulations. Such review shall be conducted at the time of and in conjunction with FPDP or subdivision review. -15- 980410 . . . ARTICLE 5.0 - WATER 5.1 It is the policy of Fraser to require any developer proposing new development within the Town to make adequate provision for its own water supply and to pay all costs of providing such supply. It is also Fraser's policy to assure that any new water facilities are appropriately integrated with Fraser's existing water supply system, to avoid unnecessary duplication of services and to provide an efficient means of delivering domestic water service to citizens of the Town. The provisions of this Article 5.0 are intended to conform with these policies and shall be interpreted consistently therewith. 5.2 Developer's proposed water supply plan for the Maryvale Property includes three components: (1) proposed individual on-site wells to serve the residential units constructed within Planning Areas IE, 2E, 3E, 5E, 6E, 8E and 12W, with individual sewage disposal systems for such residential units (the "Individual Well Component"); (2) a centralized domestic water system to serve residential and commercial development on the remainder of the Maryvale Property (the "Domestic Component"); and (3) a separate water supply system for golf course irrigation (the "Golf Course Component"). Implementation of this plan will require that Developer's existing Augmentation Plan, approved in Case No. 86CW258, be amended in order to: (a) Permit the use of individual on-site wells and sewage disposal systems to serve the residential development within the Planning Areas referred to above; (b) allow Domestic Component water service to be extended to the Additional Properties; (c) reduce the proposed densities of residential and commercial development to conform with the -18- 980410 ýÿ . . densities allowed in the revised PDD Plan and allow the water not needed for the Individual Well Component and Domestic Component to be used for golf course irrigation; and (d) allow integration of the central water system for the Maryvale Property with Fraser's water system. Such existing Augmentation Plan will have to be further amended, or approval of a separate Augmentation Plan will have to be obtained, to provide for irrigation of the golf course. Developer agrees to fIle applications in water court for approval of such amendments to its existing Augmentation Plan, and for approval of a separate Augmentation Plan for golf course irrigation, if necessary, and diligently pursue such applications to fInal decree. In the event either legal or physical problems arise out of Developer's drilling of the water supply wells pursuant to the approved Augmentation Plan, it shall be Developer's obligation, if necessary to further amend the Augmentation Plan to alleviate such problems and pay all costs associated therewith. 5.3 Developer shall be solely responsible for all Water Source Facilities required to supply water to the Maryvale Property. Prior to approval of any FPDP applications or subdivision applications for any Planning Area (other than the golf course) or any portion thereof, Developer shall submit proof of water court approval of the Augmentation Plan amendment(s) required for the Individual Well Component and Domestic Component of the water supply plan, which amended Augmentation Plan must be acceptable to Fraser with no preconditions to its effectiveness or with assurances as may be reasonably required by Fraser for the satisfaction of all preconditions. Developer shall also submit preliminary design drawings and documents for the Water Source Facilities required to implement such -19- 980410 . . Components of the plan. Such preliminary design drawings and documents shall be of sufficient detail to allow verification by Fraser of the adequacy of the proposed Water Source Facilities to serve the development as outlined in the Development Plan Summary and to allow verification of conformance with the requirements of the amended Augmentation Plan decree. Proof of approval of the Augmentation Plan amendment or separate Augmentation Plan providing for golf course irrigation shall be submitted prior to any FPDP application for the golf course Planning Area. It is understood that the water supply for golf course irrigation may be less certain than the water supply for municipal and domestic uses. Nevertheless, Developer shall be required to demonstrate a reasonably adequate and dependable water supply system for such golf course irrigation as a condition to approval of the FPDP for the golf course Planning Area. 5.4 After water court approval of the Augmentation Plan amendment(s) required for the Individual Well Component and Domestic Component of the water supply plan, and after Fraser's approval is obtained for the preliminary design of the Water Source Facilities as provided in Section 5.3 hereof, Developer shall transfer and convey to Fraser, free of all liens and encumbrances, all of the Water Rights and consumptive use credits under the amended Augmentation Plan as are required to serve the Domestic Component and the Individual Well Component of the water plan. Prior to such conveyance, Developer shall provide Fraser with an attorney I s title opinion reasonably acceptable to Fraser opining that Developer is the lawful owner of such Water Rights and consumptive use credits free and clear of all liens and encumbrances. Notwithstanding the conveyance of such Water Rights to Fraser, if any further -20- 980410 . . amendments to the Domestic Component of the Augmentation Plan are required in order to serve the Maryvale Property, Developer shall be responsible for all costs of obtaining such amendments. Conveyance of said Water Rights and consumptive use credits to Fraser shall be a condition precedent to approval of any FPDP or subdivision to be served by the Domestic Component of the water plan. Following conveyance of such Water Rights and consumptive use credits, Fraser may utilize the water under the Domestic Component of the amended Augmentation Plan to provide water service anywhere within the Maryvale Property or other parts of the Town of Fraser (if permitted by the Augmentation Plan); provided, however, that Fraser agrees that sufficient water will be made available under the Augmentation Plan, or otherwise, to serve development upon the Maryvale property up to the maximum densities provided in the amended Augmentation Plan or the PDD Plan, whichever are less. 5.5 Concurrent with the submittal of either a FPDP or subdivision application for any individual Planning Area or any portion thereof, Developer shall submit substantially complete design drawings and documents for the Water Source Facilities and Water Local Facilities required to serve the individual Planning Area or subdivision area, a development schedule, probable water flow requirements, and cost estimates for such Facilities. Such design drawings and documents shall be of sufficient detail to allow verification by Fraser of the adequacy of the Water Source Facilities and Water Local Facilities to serve the proposed development, conformance with the approved preliminary system plan and conformance with the intent of the Water Plan. Such drawings and documents do not have to be in construction ready detail. Developer shall have drilled and tested the water supply wells prior to -21- 980410 ýÿ . . submitting any FPDP or subdivision application and shall submit with any such application satisfactory proof of the adequacy of such water supply wells, including verification by a professional engineer with hydrogeologic expertise of the capability of the proposed well supply system and approved well permits for said system. No FPDP or subdivision shall be approved unless Fraser has determined that such water supply wells and system are capable both in quantity and quality of providing a physical and legal water supply for the FPDP or subdivision area and fully meet all requirements of the approved Augmentation Plan. 5.6 Fraser will be responsible for the planning and construction of the Water Regional Facilities necessary for the Domestic Component of the water system. Upon submittal of either a FPDP or subdivision application for any individual Planning Area or any portion thereof to be served by such Domestic Component, Fraser will determine what Water Regional Facilities are required and the estimated cost of such facilities. In making such determination, Fraser will take into account not only the particular facilities required to serve the individual Planning Area or subdivision area, but also the integration of those facilities with existing and planned facilities contemplated under Fraser's master water plan. As a condition of FPDP or subdivision approval, Developer shall prepay to Fraser sufficient water plant investment fees, at the rate then in effect, to fully cover all estimated costs of such Water Regional Facilities, including any contingency reserves. Upon final approval of the FPDP or subdivision application and receipt of such prepaid plant investment fees, Fraser will then proceed with the installation of the required Water Regional Facilities in a reasonable and expeditious manner, consistent with the development schedule approved in connection with the FPDP or -22- 980410 ýÿ . . subdivision proposal. If the actual costs of constructing such Water Regional Facilities exceed the water plant investment fees paid at the time of FPDP or subdivision approval, Developer shall prepay additional water plant investment fees in such amount as is necessary to cover the shortfall. Such additional fees shall be paid within 30 days after notice from Fraser of the amount of the shortfall. In no event shall Developer be entitled to any refund or reimbursement for any excess prepaid plant investment fees purchased pursuant to this section, nor may any such prepaid plant investment fees be used or credited for water using units located anywhere except within the Maryvale Property. 5.7 The Public Improvements Agreement to be executed upon approval of the FPDP or subdivision shall provide that Developer shall be responsible for construction of all Water Source Facilities and Water Local Facilities necessary to serve the area. Upon completion of construction and acceptance by Fraser pursuant to the Subdivision Regulations, Developer shall convey free and clear of liens and encumbrances by bill of sale with warranty of title all personal property included in such Water Source Facilities and Water Local Facilities. In addition, Developer shall provide adequate easements for or convey fee title to the land upon which such Water Source Facilities and Water Local Facilities and any Water Regional Facilities constructed by Fraser are located. Developer shall be responsible for maintaining all Water Source Facilities and Water Local Facilities for a period of one (1) year after completion and acceptance of such Facilities by Fraser. Thereafter, such Facilities shall be maintained by Fraser. -23- 980410 ýÿ . . 5.8 Developer may implement the Individual Well Component by utilizing individual on-site wells to supply water to the residential development within Planning Areas IE, 2E, 3E, 5E, 6E, 8E and 12W, provided that Developer complies with the requirements specified in the preceding Sections 5.2, 5.3, 5.5 and 5.7, and provided that Developer complies with the requirements for use of on-site sewage disposal systems in accordance with Section 6.2 hereof. Any recorded FPDP plan or subdivision plat for such Planning Areas utilizing on-site wells shall include notations that Fraser is not responsible for supplying water to the properties within the FPDP or subdivision area, that each property owner is solely responsible for obtaining his or her own water supply from the on-site well serving the property, and that each such property owner is required to comply with all applicable provisions of the approved Augmentation Plan. 5.9 Developer may construct the Water Source Facilities or portions thereof prior to submittal of any FPDP or subdivision application, provided Developer submits the necessary drawings, documents and data listed in Sections 5.1 through 5.8 above, receives approval by Fraser for the proposed facilities to be constructed, enters into an improvements agreement with Fraser relating to such construction and grants the required easements and rights-of-way for the facilities. Acceptance by Fraser of the facilities shall be accomplished at the time of FPDP or subdivision approval pursuant to the Subdivision Regulations, subject to Developer's continuing maintenance responsibilities pursuant to Section 5.7 hereof. 5.10 Fraser will collect its usual water plant investment fees and water service fees for residential and commercial water using units connected to the Domestic Component of the -24- 980410 . . 5.8 Developer may implement the Individual Well Component by utilizing individual on-site wells to supply water to the residential development within Planning Areas IE, 2E, 3E, 5E, 6E, 8E and I2W, provided that Developer complies with the requirements specified in the preceding Sections 5.2, 5.3, 5.5 and 5.7, and provided that Developer complies with the requirements for use of on-site sewage disposal systems in accordance with Section 6.2 hereof. Any recorded FPDP plan or subdivision plat for such Planning Areas utilizing on-site wells shall include notations that Fraser is not responsible for supplying water to the properties within the FPDP or subdivision area, that each property owner is solely responsible for obtaining his or her own water supply from the on-site well serving the property, and that each such property owner is required to comply with all applicable provisions of the approved Augmentation Plan. 5.9 Developer may construct the Water Source Facilities or portions thereof prior to submittal of any FPDP or subdivision application, provided Developer submits the necessary drawings, documents and data listed in Sections 5.1 through 5.8 above, receives approval by Fraser for the proposed facilities to be constructed, enters into an improvements agreement with Fraser relating to such construction and grants the required easements and rights-of-way for the facilities. Acceptance by Fraser of the facilities shall be accomplished at the time of FPDP or subdivision approval pursuant to the Subdivision Regulations, subject to Developer's continuing maintenance responsibilities pursuant to Section 5.7 hereof. 5.10 Fraser will collect its usual water plant investment fees and water service fees for residential and commercial water using units connected to the Domestic Component of the -24- 980410 . . water system. No water plant investment fees shall be charged to users of individual on-site wells under the Individual Well Component of the system. However, property owners utilizing such individual on-site wells shall be charged the usual water service fees, or some percentage thereof, in order to defray an appropriate share of the costs of operating the augmentation facilities and administering the amended Augmentation Plan. The amount or formula for such water service fees charged to users of on-site wells will be determined by Fraser at the time of approval of the fIrst FPDP or subdivision utilizing the Individual Well Component of the water system, and may be adjusted from time to time consistent with policy referred to in this Section. 5.11 Developer may elect to provide for a domestic water supply for limited portions of the Maryvale Property by securing a commitment to serve from Fraser from its existing water system, upon payment of Fraser's water plant investment fees and other applicable fees, if Fraser is able and willing to commit to serve. Fraser shall have no obligation to provide such a commitment. If Developer elects such alternative and Fraser agrees to provide such service, Developer shall still be required to comply with the Subdivision Regulations relating to a service letter, easements, and rights-of-way. 5.12 Irrigation of the golf course will be by means of a separate, raw water delivery system, except that limited portions of the golf course adjacent to Planning Areas 11 W and 12W may be served from the Domestic Component of the water supply plan if approved by Fraser in connection with its review of the golf course FPDP. The design drawings and documents submitted with the FPDP application for the golf course Planning Area shall -25- 980410 . . include all Water Source Facilities, Water Local Facilities and any additional facilities required for such irrigation system, and the Public Improvements Agreement to be executed upon approval or'such golf course FPDP shall provide that Developer shall be responsible for construction of all such facilities. Unless otherwise agreed by Fraser in connection with the approval of the golf course FPDP, Fraser will not own or be responsible for any portion of the water supply system providing golf course irrigation. However, if all or any portion of the water for the golf course irrigation is provided under the same amended Augmentation Plan which provides for the Domestic Component and Individual Well Component of the water supply plan, then the owner of the golf course will be required to pay water service fees to Fraser to defray an appropriate share of the costs of operating the augmentation facilities and administering the amended Augmentation Plan. The amount or formula for such water service fees charged to the owner of the golf course will be determined by Fraser at the time of approval of the golf course FPDP, and may be adjusted from time to time consistent with policy referred to in this Section. Prior to approval of the FPDP for the golf course, Developer shall submit proof satisfactory to Fraser that title to all of the water rights necessary to provide irrigation water for the golf course, including any excess portion of the Water Rights and consumptive use credits under the Augmentation Plan not required for the Domestic Component and the Individual Well Component of the water plan, has been 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. -26- 980410 . . 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 within Planning Areas IE, 2E, 3E, 5E, 6E, 8E and 12W, in conjunction with the individual on-site wells proposed for such Units; and by utilizing central sewer service from the Fraser Sanitation District for the remainder of the Maryvale Property. Developer shall cause the entire Maryvale Property to be annexed to the Fraser Sanitation District, or a successor entity providing primary sewer service in the Town, prior to submitting any FPDP applications or subdivision applications for any Planning Area or any portion thereof. 6.2 Subject to the provisions contained in this Article and compliance with the conditions contained in Article 5.0 for implementation of the Individual Well Component of the water supply system, Developer may elect to utilize individual on-site sewage disposal systems, but only for the residential units to be served by individual on-site wells, and only if approved by the Colorado Department of Health and Environment "Wellhead Protection Program". Concurrent with submittal of either a FPDP or subdivision application for any individual Planning Area or any portion thereof proposed to be so served by individual sewage disposal systems, Developer shall submit substantially complete design drawings and documents for such individual sewage disposal systems required to serve the area, together with percolation test reports and such other information as may be required to evaluate such design. The design of the individual sewage disposal systems shall be in conformance with State of Colorado requirements and the then current individual sewage disposal regulations -27- 980410 . . adopted by Fraser, or if no such regulations have been adopted by Fraser, the then current individual sewage disposal regulations adopted by Grand County. 6.3 Developer has submitted to Fraser as a part of its revised PDD Application a Sewer Master Plan (the "Sewer Plan"). Developer has outlined a sewage collection system for the Maryvale Property which it feels is adequate for the proposed development and which has been approved and accepted by the Fraser Sanitation District. 6.4 Prior to submitting any FPDP applications or subdivision applications for any Planning Area or any portion thereof which is proposed to be served by central sewer service, Developer shall submit preliminary design drawings and documents for the central sewer system for the Maryvale Property. Such preliminary design drawings and documents shall be of sufficient detail to allow verification by Fraser of the adequacy of the system to serve the development as outlined in the Development Plan Summary and to allow verification of conformance with the intent of the Sewer Plan. 6.5 Concurrent with the submittal of either a FPDP or subdivision application for any individual Planning Area or any portion thereof which is proposed to be served by central sewer service, Developer shall submit substantially complete design drawings and documents for the central sewer system required to serve the individual Planning Area or subdivision area. Such design drawings and documents shall be of sufficient detail to allow verification by Fraser of the adequacy of the system to serve the proposed development, conformance with the approved preliminary system plan, and conformance with the intent of the Sewer Plan. Such drawings and documents do not have to be in construction ready detail. -28- 980410 . . 6.6 Prior to approval of either a FPDP or subdivision for any Planning Area or any portion thereof which is proposed to be served by central sewer service, Developer shall submit proof of an approved sewage treatment system for the individual Planning Area or subdivision area. The proof of a sewage treatment system shall consist of an agreement to provide service from the Fraser Sanitation District, or a successor entity providing primary sewer service in the Town. 6.7 The Sewer Plan provides for the construction of a 24 inch sewer outfall line to hook up with the existing Fraser Sanitation District sewer mains. When that line is to be constructed, Developer will advise Fraser of same and Fraser, or its designee, will have the right to require that the outfall line be constructed to accommodate additional capacity provided Fraser or its designee agrees to pay all costs to be incurred to provide for the increased capacity. Developer shall provide F!aser notice of construction at least Sixty (60) days prior to construction and Fraser or its designee shall advise Developer of its intention to pay for additional capacity within that Sixty (60) day period or the right will be waived. ARTICLE 7.0 - OTHER UTILITIES 7.1 Developer shall comply with the Subdivision Regulations for any Planning Area or any portion thereof as the same relates to utility suppliers including, but not necessarily limited to, the notice requirements and design requirements as they may be amended from time to time. -29- 980410 ýÿ . . ARTICLE 8.0 - DRAINAGE 8.1 Developer has submitted to Fraser as a part of its revised PDD Application its Drainage Plan. 8.2 Concurrent with either the submittal of an application for FPDP or subdivision approval for any Planning Area or any portion thereof, the Applicant shall submit the required drainage design drawings and documents pursuant to the PDD Ordinance and/or Subdivision Regulations to allow verification by Fraser of the adequacy of the drainage system for the area and conformance with the intent and specific requirements of the Drainage Plan. At subdivision of the Maryvale Property or any portion thereof, a determination shall be made whether maintenance of drainage facilities or easements will be the responsibility of Fraser or the Developer. It is agreed that Fraser should be responsible for maintenance of drainage facilities and easements serving multiple subdivisions after construction and dedication by Developer and acceptance by Fraser. ARTICLE 9.0 - STREETS AND ROADS 9.1 Developer has submitted to Fraser as a part of its revised PDD Application a Traffic Plan. The Traffic Plan is conceptual in nature and the location of all streets and roads on the Maryvale Property is to be determined in a manner consistent with the Traffic Study as it may from time to time be amended and updated with the Fraser Master Plan. 9.2 The location of all access points to U.S. Highway 40 will be consistent with the Traffic Study which includes an access control plan, shall follow the Colorado Department of -30- 980410 ýÿ . . Highway Access permit procedures and shall be consistent with the Fraser Master Plan. Access control for other roads shall be consistent with the Traffic Study and the Fraser Master Plan. 9.3 All roads within the PDD shall be public roads dedicated to the Town of Fraser, unless otherwise approved by Fraser at the FPDP or subdivision stage. Proposed rights-of- way for the public roads identified on the Traffic Plan are as follows: U.S. Highway 40 (existing 132 ft.) 150 ft. Fraser Valley Parkway 100 ft. Maryvale Village Drive - West of Fraser Valley Parkway 60 ft. Maryvale Village Drive - Between U.S. Highway 40 and Fraser Valley Parkway 80 ft. Cozens Ranch Road - Between U.S. Highway - 40 and Planning Area lIE 80 ft. Cozens Ranch Road - Balance - If all of Planning Areas IE, 2E, 3E, 5E, 6E and 8E are served by individual wells and septic systems: 60 ft. - If any portion of said Planning Areas are served with municipal water and sewer: 80 ft. All other roads: In accordance with Fraser road standards in effect at FPDP or subdivision approval. The rights-of-way are established based on the Traffic Plan and Traffic Study as they now exist and on the existing engineering data. Additional rights-of-way may be required for jntersections and in hilly areas, or slope easements may be required. The rights-of-way -31- 980410 ýÿ . . necessary may change as a result of amendments of the Traffic Study, amendments of the Master Plan, or based upon information generated or requirements made at the time of FPDP or subdivision approval of any of the Maryvale Property. Rights-of-way shall be dedicated by the Developer at the time of subdivision. 9.4 The dedication of the rights-of-way for the roads identified on the Development Plan Summary as the Fraser Valley Parkway, Maryvale Village Drive, Village Center Drive and Cozens Ranch Road may be required by Fraser as a result of development occurring off the Maryvale Property prior to subdivision of the Maryvale Property or the portions of the Maryvale Property upon which the rights-of-way are located. If Fraser requires a grant of right-of-way it shall provide the Developer with a written notice requesting the grant, which notice shall include the engineering data aligning the road as proposed by Fraser and showing its design. The Developer shall have One Hundred Twenty (120) days to submit alternate alignments and designs for consideration by Fraser. If the Developer and Fraser are unable to agree within the One Hundred Twenty (120) day period from Fraser's written notice on the final alignment and design, then the alignment and design of Fraser shall be the alignment and design provided that it is consistent with the Development Plan Summary. The Developer shall execute and deliver to Fraser a grant of right-of-way with warranty to title free and clear of all encumbrances and liens. 9.5 The phasing of dedication of rights-of-way and construction of major access roads identified in the PDD Plan, including the Fraser Valley Parkway, Maryvale Village Drive, Village Center Drive, and Cozens Ranch Road, shall be in accordance with the Traffic Study, -32- 980410 . . subject to such changes as may be required by Fraser in conjunction with the review and approval of each FPDP or subdivision application for any Planning Area or portion thereof. Developer shall submit substantially complete design drawings and documents for all necessary rights-of-way and road construction with the FPDP or subdivision application. The Public Improvements Agreement to be executed upon approval of the FPDP or subdivision shall provide that Developer shall be responsible for construction of such major roads, as well as all other roads necessary to serve the area included in the FPDP or subdivision proposal. 9.6 The design and construction of all public roads shall conform to the Grand County Road standards or other standards adopted by the Town of Fraser which are in effect at the time of any FPDP or subdivision approval. The following main access roads serving the Maryvale Property shall be paved with concrete or asphalt paving material in accordance with the applicable standards: (1) Fraser Valley Parkway, (b) Maryvale Village Drive between U. S. Highway 40 and the Fraser Valley Parkway, (c) Village Center Drive, and (d) Cozens Ranch Road from U.S. Highway 40 to the northeast boundary of Planning Area 9E. In addition, Fraser may require that other roads serving high density residential or commercial areas be similarly paved. Developer may elect to use chip and seal surfacing on any other roads provided in the PDD Plan in accordance with the applicable standards for such surfacing. 9.7 Developer and Fraser shall each use their best efforts to seek a collaborative solution with other affected parties for obtaining the right-of-way for and constructing the railroad underpass required to provide primary access to Planning Areas 11 W and 12W and -33- 980410 ýÿ . . . adjacent lands, or for obtaining and constructing an alternate means of primary access to those Planning Areas and adjacent lands. 9.8 Developer shall be responsible for providing rights-of-way for and constructing two means of access to any FPDP or subdivision area as required by the Subdivision Regulations and PDD Ordinance, subject to Developer's right to apply for a variance under Fraser's established procedures. However, it is agreed that divided roadways may be utilized to meet the dual access requirement for access to any subdivisions of Planning Areas 9W, lOW, l1W and 12W. The design of any such divided roadways shall be submitted for approval by Fraser in connection with the FPDP or subdivision application for such Planning Areas. 9.9 Developer shall also be responsible for any necessary improvements to U.S. Highway 40 or other. off-site roads required as a result of the development of the Maryvale Property pursuant to the PDD Plan. 9.10 Fraser has approved the following variances from the usual requirements concerning roads and driveways serving the Maryvale Property: 9.10.1 Developer will be permitted to utilize cul-de-sacs up to 1,000 feet in length, assuming all fIre code regulations (including frre hydrant flows and placement) are met or exceeded. 9.10.2 An aggregate of not more than seven (7) "flag" lots (lots which do not front on a public street and which are accessed by a private driveway) will be allowed in Planning Areas llW, 7WB, and 7WC; provided that a maximum of 3 lots may be -34- 980410 . . accessed off of a single driveway, and the minimum driveway right-of-way width shall be 30 feet with a minimum 22 foot driving surface. 9.11 Prior to submitting any FPDP applications or subdivision applications for any Planning Area or any portion thereof, Developer shall submit preliminary design drawings and documents to enhance any applicable public transit system. Such preliminary design drawings . and documents shall be of sufficient detail to allow verification by Fraser of the adequacy of the system to serve the development as outlined in the Development Plan Summary and to allow verification of conformance with the intent of the Master Plan. 9.12 Concurrent with the submittal of either a FPDP or subdivision application for any individual Planning Area or any portion thereof, Developer shall submit substantially complete design drawings and documents for the public transit system improvements required to serve the individual Planning Area or subdivision area. Such design drawings and documents shall be of sufficient detail to allow verification by Fraser of the adequacy of the system to serve the proposed development, conformance with the approved preliminary system plan, and conformance with the intent of the Master Plan. The Public Improvements Agreement to be executed upon approval of the FPDP or subdivision shall provide that Developer shall be responsible for construction of such public transit system improvementS necessary to serve the individual Planning Area or subdivision area. -35- 980410 ýÿ . . ARTICLE 10.0 - PUBLIC DEDICATIONS 10.1 Developer agrees to provide public dedications of land for parks and other purposes, and dedications for schools or fees in lieu of land dedication, as provided in this Article 10.0. 10.2 Developer shall dedicate or convey to Fraser a linear park located on the East side of U.S. Highway 40, as shown on the Development Plan Summary. Such linear park includes the course of the Fraser River and the right-of-way for the Fraser River Trail, and will encompass not less than Fifty Seven (57) acres. The exact legal description of the linear park shall be determined and dedication or conveyance shall be made for the linear park within Ninety (90) days after the ordinances authorizing this Agreement, annexing the Additional Properties and approving the revised PDD Plan are adopted. The legal description of the linear park will be determined by mutual agreement of Developer and Fraser, or if the parties are unable to agree, Fraser will determine such description consistent with the provisions of this Section. Developer shall pay all costs for the surveying of said linear park and preparation of a subdivision exemption plat, if necessary, to permit such conveyance. lO.3 Developer agrees to dedicate or convey to Fraser a public parking area in Planning Area lIE at the trail head of the Fraser River Trail, with parking space for not less than Eight (8) vehicles. The location of such parking area shall be determined and it shall be dedicated or conveyed in conjunction with the review and approval of the any FPDP or subdivision application for such Planning Area or any portion thereof. -36- 980410 . . 10.4 Developer has granted to Fraser a pedestrian and bicycle easement of 20 feet in width along the proposed west right-of-way for V.S. Highway 40, and Fraser has constructed a pathway on such easement. Developer shall have the right to relocate the easement and the pathway at its sole cost and expense if necessary to accommodate future development on the Maryvale Property and if approved by Fraser. Fraser shall maintain the pathway on the easement in good order and repair at its sole cost and expense. 10.5 Developer agrees that public trails, Eight (8) feet in width, shall be dedicated and constructed adjacent to the Fraser Valley Parkway, along Maryvale Village Drive and Village Center Drive between V. S. Highway 40 and the Fraser Valley Parkway, and along Cozens Ranch Road between V. S. Highway 40 and the Fraser River Trail, which trails shall be separated from the adjacent roadway and shall be paved in accordance with Fraser standards. Such public trails shall be dedicated and constructed concurrently with the dedication and construction of the adjacent roadway. Except as specifically excluded in the PDD Application, additional trails shall be provided as stated in the PDD Application and/or as required by Fraser's subdivision regulations. 10.6 Fraser and Developer have agreed that a site may be needed for use as a community center. Developer agrees to dedicate or convey a site consisting of five (5) acres for use as a community center. The approximate location of the site is identified on the Development Plan Summary as "Proposed Town Property". The exact location of the site shall be selected upon the first occurring of the following events: (i) Praser shall make written request to Developer for the site to be fmally determined; (ii) any portion of the Fraser Valley -37- 980410 . . Parkway adjacent to such site shall be constructed; or (Hi) the golf course Planning Area or any portion thereof shall be approved for a FPDP or subdivision. Developer shall complete the dedication or conveyance of such community center site promptly after the location thereof has been thus selected. 10.7 If requested by Fraser, Developer agrees to dedicate or convey a 1 acre site, designated as Planning Area 3W on the Development Plan Summary, for public use. Fraser may request such dedication or conveyance at any time within 5 years from the effective date of this Agreement, by written notice to Developer. If such notice is given, the exact description of the site shall be determined by mutual agreement of Developer and Fraser, or if the parties are unable to agree, Fraser will determine such description consistent with the provisions of this Section. Developer shall then complete the dedication or conveyance of the site to Fraser. If Fraser does not make such a request within said 5 year period, or if it executes a written waiver of the right to require such dedication or conveyance, then Developer agrees that said Planning Area 3W shall be used and developed only for affordable housing, in accordance with the provisions of Section 4.10 hereof. 10.8 Developer has previously conveyed the site now known as the Cozens Ranch Museum, which is located at the northeast comer of Village Drive and U.S. Highway 40. 10.9 There is an existing cemetery located within Planning Area lIE. Developer agrees to convey such cemetery site to Fraser or its designee at the time of approval of any subdivision of said Planning Area lIE or any portion thereof which includes such cemetery site. -38- 980410 ýÿ . . to.to Developer agrees to provide improved public parks within Planning Areas 5W and 9E, which shall each be a minimum of one-half (lh) acre in size. Such public parks shall be included in the FPDP or subdivision application for said Planning Areas, and shall be dedicated or conveyed to Fraser at the time of FPDP or subdivision approval. 10 .11 Developer agrees to dedicate or convey to Fraser the open space parcel designated as Planning Area 4E on the Development Plan Summary, for public use. Developer shall determine the exact location and description of such open space parcel, consistent with the Development Plan Summary, and shall complete the dedication or conveyance thereof to Fraser on or before October 31, 2000. 10.12 Developer agrees to provide a public right-of-way for access to the U. S. Forest Service lands lying East of the Maryvale Property and the Excluded Property described on Exhibit A-I. ~n or before October 31, 1998, Developer shall execute and deliver to Fraser an easement deed granting a temporary public easement along the existing trail located on the Maryvale Property which leads to such Forest Service lands, and shall furnish satisfactory proof that an adequate public right-of-way has been obtained across the Excluded Property described on Exhibit A-I. On or before October 31, 2000, Developer shall determine the exact location and description for a permanent right-of-way across the Maryvale Property from U. S. Highway 40 to said Forest Service lands and shall dedicate or convey such right-of-way to Fraser. 10.13 Developer and Fraser agree that Developers obligation to provide sites for schools or money in lieu of school sites for the Maryvale Property shall be satisfied by -39- 980410 . . Developer's payment of the sum of Two Hundred Thousand Dollars and No Cents ($200,000.00), provided such payment is made as provided in this Section. Developer shall pay such sum to Fraser, as follows: 10.13.1 An initial payment of Twenty Five Thousand Dollars and No Cents ($25,000.00) shall be made not earlier than July 1, 1998 and not later than October 31, 1998; 10.13.2 An additional payment of Twenty Five Thousand Dollars and No Cents ($25,000.00) shall be made on or before October 31, 1999; 10.13.3 Additional payments of Fifty Thousand Dollars and No Cents ($50,000.00) shall be made on or before October 31,2000 and on or before October 31 of each year thereafter until October 31, 2002, when the balance said sum shall be paid in full. If Developer fails to make all such payments as and when they become due, and if Developer does not cure such failure within Ten (10) days after written notice from Fraser, then Fraser may elect to either to proceed to collect from Developer the full unpaid amount of such sum, together with its costs and reasonable attorney fees, or Fraser may refund any such payments previously made by Developer, without interest, and require Developer to dedicate or convey land for schools or pay fees in lieu of such dedications in accordance with the provisions of the Subdivision Regulations, at the time of and in connection with each subdivision of a Planning Area or any portion thereof. -40- 980410 ýÿ . . ARTICLE 11.0 - TRANSFER OF PLANNING AREA 11.1 A division of portions of the Maryvale Property consistent with the Planning Area boundaries shall require approval of a subdivision exemption plat in compliance with the requirements of the Subdivision Regulations. The plat shall include a notation that approvals by Fraser of the plat does not insure access rights, availability of utilities or ability of subdivided parcels to be served by any utilities, and a further notation that all subsequent subdivisions and any application for FPDP approval shall comply with Articles 5.0, 6.0, 7.0, 8.0, 9.0 and 10.0 and all other applicable provisions of this Agreement, the Subdivision Regulations and the PDD Ordinance. Fraser may require the subsequent subdivider to construct public improvements either on-site or off-site. 11.2 Upon transfer of a Planning Area pursuant to this Article 11.0, Developer may request approval of minor amendments to the PDD Plan that do not affect the transferred Planning Area without obtaining the consent or approval of the owner of such transferred . Planning Area. Similarly, the owner of any such transferred Planning Area may request approval of minor amendments to the PDD Plan that relate only to the transferred Planning Area and which do not affect the remainder of the Maryvale Property, without obtaining the consent or approval of Developer. ARTICLE 12.0 - SERVICES 12.1 Except as specifically provided for in this Agreement with regard to municipal services that Developer has agreed need not be provided by Fraser or may be provided on a -41- 980410 . . limited basis, after the effective date of this Agreement, Fraser agrees to provide the Maryvale Property such other municipal services currently provided within the town and on terms and conditions on which such services are provided to any other property within the town. ARTICLE 13.0 - :METROPOLITAN DISTRICTS 13.1 Developer has proposed and is engaged in organizing two separate metropolitan districts, to be known as the Maryvale Residential Metropolitan District and the Maryvale Commercial Metropolitan District. The purpose of such metropolitan districts is to provide a means of ftnancing various infrastructure improvements for the Maryvale Property. 13 .2 The organization of either or both of such proposed metropolitan districts shall not eliminate or alter the nature or extent of Developer's obligations under this Agreement or the other provisions of the PDD Plan. Speciftcally, Developer shall still be required to provide Public Improvement Agreements, with adequate security, in connection with the approval of any FPDP or subdivision of the Maryvale Property, to assure completion of necessary improvements. If it is proposed that such metropolitan districts will be responsible for the construction or ftnancing of any such improvements, Fraser may require proof of the availability of funds and/or other performance guarantees to assure that the metropolitan districts are capable of completing such obligations. -42- 980410 . . ARTICLE 14.0 - RE:MEDIES 14.1 If Developer is in default under this Agreement and does not cure this default within thirty (30) days following written notice from Fraser, Fraser shall be entitled to the following remedies which shall be cumulative: (i) injunctive relief; (ii) actual damages; or (Hi) any remedies permitted under its Subdivision Regulations or its PDD Ordinance. If Developer's default arises from the failure to grant any right-of-way, easement, park land or other property, then Developer agrees that Fraser may condemn that land pursuant to C.R.S. ~38-6-102. Developer agrees that the fair and actual cash market value of all such property is zero since the property is subject to an irrevocable obligation to grant or dedicate it to Fraser pursuant to this Agreement. Developer agrees that it would have granted or dedicated such property upon execution of this agreement without compensation if the location and legal description of those lands had been fmally determined. Fraser is not requiring the grant or dedication of those lands at the time of annexation in consideration for the irrevocable agreement and obligation to grant or dedicate such property without compensation. Fraser would not have proceeded to annex the Maryvale Property if at a later time it would be required to compensate the Developer, its predecessors or successors for any right-of-way, easement or park land that is to be granted or dedicated by Developer under this Agreement. Developer agrees that all dedication and grants of rights-of-way, easements and park lands are necessary for public health safety and welfare and that the requirements to make such grants or dedications is accomplished pursuant to Fraser's police and regulatory powers. -43- 980410 ýÿ . . 14.2 If Fraser is in default under this Agreement and does not cure this default within thirty (30) days following written notice from Developer, Developer will be entitled to the following remedies which shall be cumulative: (i) injunctive relief; (ii) damages, except as may be limited by the then existing governmental immunity act, if any; (Hi) disconnection from Fraser of the Additional Properties pursuant to C.R.S. ~31-12-119, if that breach of the Agreement constitutes failure to serve such Additional Properties. 14.3 Time is of the essence hereof with respect to the performance of each party's obligations hereunder. However, neither party shall be liable for delays or failures to perform due to acts of God, strikes, civil commotions, epidemics, quarantines, freight embargoes, weather, or other cause of similar nature not reasonably within such party's control. ARTICLE 15.0 - MISCELLANEOUS 15.1 The requirements of Fraser's zoning regulations for the use of central water service from Fraser and central sewer service from the Fraser Sanitation District are waived to the extent that Developer is permitted to use individual on-site water and sewage disposal systems pursuant to this Agreement, but only to that extent. 15.2 The Maryvale Property is currently being used in part for agricultural, farm and ranch purposes. Developer may continue that use despite the PDD Zoning. Developer and Fraser agree that even though portions of the Maryvale Property may continue to be used in that manner, no part of the Maryvale Property is agricultural or farm land under C.R.S. ~31- -44- 980410 . . 12-702. Developer waives any right to disconnection from Fraser pursuant to C.R.S. ~31-12- 701, et seq. 15.3 The existing "Salazar Cabin" located north of the Cozens Ranch Museum may be used by Developer as a temporary sales office without fIrst obtaining FPDP or subdivision approval for such Planning Area, provided that Developer shall comply with the Business District development review and permitting process contained in the Fraser zoning regulations with respect to such proposed temporary use. 15.4 Whenever a grant, dedication or conveyance is required in this Agreement free and clear of encumbrances and liens, Developer may make such conveyance subject to encumbrances or liens that Developer is contesting in good faith provided that adequate assurances acceptable to Fraser are given to provide that the lien or encumbrance will be satisfIed and released in the event Developer is not ultimately successful in its contest of the lien or encumbrance. 15.5 This Agreement shall be recorded with the Clerk and Recorder in Grand County, Colorado, shall run with the land, and shall be binding upon and inure to the benefIt of the heirs, successors and assigns of the parties hereto. 15.6 This instrument and the adopting ordinance of Fraser embodies the whole agreement of the parties. This Agreement shall supersede all previous communications, representations, or agreements either verbal or written between the parties hereto. If adopted by Fraser, the parties agree that the ordinances approving annexation of the Additional Properties and adoption of the revised PDD Plan for the Maryvale Property will contain -45- 980410 ýÿ . . additional matters pertinent to the integration of the Maryvale Property into Fraser and development of the Maryvale Property. Therefore, this Agreement must be interpreted and applied in a manner consistent with such ordinances. 15.7 Developer may assign its rights and duties hereunder in whole or in part to others who become fee title holders or ground lessees of any of the Maryvale Property or any portion thereof without Fraser's permission. No such assignment shall release the Maryvale Property from any restrictions imposed upon the Maryvale Property by this Agreement, unless a specifIc release has been given by Fraser in writing. Fraser shall release Developer if a new Developer to whom a whole assignment has been made agrees to personally be bound to the terms and conditions of this Agreement. Any assignment shall not be effective on Fraser for the transfer of the rights of Developer to such assignee until written notice of same is delivered to Fraser executed by both the assignor and assignee. 15.8 Any notice required or permitted under this Agreement will be deemed to be received when delivered personally in writing or fIve (5) days after notice has been deposited with the U.S. Postal Service, postage prepaid, certifIed and return receipt requested, and addressed as follows: 15.8.1 If to Developer: Maryvale LLC 3333 S. Wadsworth Blvd., Suite 207 Lakewood, CO 80227 With a copy to: Mr. Rich Nipert 443 S. Gaylord St. Denver, CO 80209 -46- 980410 ýÿ . . 15.8.2 If to Fraser: Town of Fraser 153 Fraser A venue Box 120 Fraser, CO 80442 With a copy to: Mr. Rod McGowan Baker, Cazier and McGowan P.O. Box 500 Granby, CO 80446 Either party may change the address to which notice is to be sent by providing notice in the manner set forth in this Section. 15.9 This Agreement is the product of a cooperative drafting effort by Fraser and Developer and shall not be construed or interpreted against either party solely on the basis that one party or its attorney drafted the Agreement or any portion of it. 15.10 The fact that any portion of this Agreement may be held to be unenforceable. shall not affect the enforceability of the remaining portions thereof. 15.11 This Agreement cannot be modifIed or revoked except by an instrument in writing signed by Fraser and Developer or the then owner of the Maryvale Property or any portion thereof if there has been an assignment as it relates to the specifIc Maryvale Property. IN WITNESS ~EREOF, the parties have hereunto subscribed their signatures. -47- 980410 ýÿ . . OWNER FRASER MARYV ALE LLC, a Colorado limited TOWN OF FRASER, a municipal liability company corporation of the State of Colorado BY: BY: Manager Mayor ATTEST: BY: Manager Town Clerk All of the Managers Thereof (SEAL) (Additional signature pages follow) . -48- 980410 . . LIENHOLDER APPROVAL The undersigned, as the holder of a lien on all or a part of the Maryvale Property described in the foregoing Agreement, hereby acknowledges its approval of the terms of the foregoing Agreement and agrees it will be bound thereby in the event of foreclosure of said lien. REGIS JESillT HOLDING, INC., a Colorado nonprofIt corporation BY: TITLE: DATE: -49- 980410 . . LIENHOLDER APPROVAL The undersigned, as the holder of a lien on all or a part of the Maryvale Property described in the foregoing Agreement, hereby acknowledges its approval of the terms of the foregoing Agreement and agrees it will be bound thereby in the event of foreclosure of said lien. COLORADO COMMUNITY FIRST NATIONAL BANK, formerly known as COLORADO COMMUNITY FIRST STATE BANK BY: TITLE: DATE: -50- 980410 . . EXHIBIT A-I PROPERTY DESCRIPTION Maryvale Planning Area No. 6 Subdivision Exemption, according to the recorded plat thereof. Town of Fraser, County of Grand, State of Colorado. -51- 980410 . . EXHIBIT A-2 PROPERTY DESCRIPTION Maryvale Planning Area No. 13 Subdivision Exemption, according to the recorded plat thereof. Town of Fraser, County of Grand, State of Colorado. -52- 980410 ýÿ . . EXHIBIT A-3 PROPERTY DESCRIPTION Lot 1, Block 1, Maryvale Planning Area No. 28 Subdivision Exemption Plat, according to the recorded plat thereof. Town of Fraser, County of Grand, State of Colorado. . -53- 980410 . . EXHIBIT A-4 PROPERTY DESCRIPTION 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; 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; -54- 980410 ýÿ . . 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; 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: -55- 980410 . . 1) ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 616.78 FEET, A CENTRAL 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"; 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 -56- 980410 . . 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"; 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. -57- 980410 . . EXHIBIT A-S [TO BE INSERTED] -58- 980410 . . EXHIBIT A-6 [TO BE INSERTED] -59- 980410 . . EXHIBIT B [TO BE INSERTED] -60- 980410 . . EXHIBIT C [TO BE INSERTED] t. -61- 980410 ýÿ , ., . . TOWN OF FRASER, COUNTY OF GRAND, STATE OF COLORADO SUPPLEMENTAL OPPOSITION OF THE GRAND COUNTY WATER AND SANITATION DISTRICT NO.1 TO PETITION FOR ANNEXATION IN THE MATTER OF THE PETITION FOR ANNEXATION TO THE TOWN OF FRASER, COLORADO OF M.J. SUMRALL, STEVE SUMRALL, MARYVALE, L.L.C., J. SCOTT BRADLEY, PEGGY L. LORE, OTTO VICTOR TSCHUDI, AND YVONNE LOUISE ERICKSEN TSCHUDI - The Grand County Water and Sanitation District No. 1 (the "District"), through counsel, submits its Supplemental Opposition to the Petition for Annexation filed by M. J. Sumrall, Steve Sumrall, Maryvale L.L.C. ("Maryvale"), J. Scott Bradley, Peggy L. Lore, Otto Victor Tschudi, and Yvonne Louise Ericksen Tschudi (the "Petition"). The subject matter of this opposition concerns Maryvale's domestic augmentation plan and its exchange plan to provide irrigation water to its proposed golf course. Maryvale's Domestic Augmentation Plan In its original Opposition to the Petition, filed on or about April 13, 1998, the District raised issue of whether Maryvale's water rights will properly augment the Fraser River and the possibility that the plan may fail to protect the water rights of the District, Town of Fraser and others in the event that the annexation causes the District to move its wastewater discharge to a location downstream of Fraser. In response, Maryvale's water attorney, Robert Trout, has identified two provisions of Maryvale's decree (Case No. 86CW258) that purportedly addresses this issue. The first of these is section 11.C of the decree which allows Maryvale to return its treated wastewater at the outfall of either the District's or Fraser's current treatment plants. Mr. Trout may be correct in his interpretation of the decree; however, other constructions may be made to the Water Court in the context of Maryvale's recently filed water rights af>plication in Case No. 98CW041. For example, the State of Colorado may argue that since the recently filed application is junior to the State's instream flow water right, the water rights decree therein cannot be augmented except at the upstream GCWSD water treatment plant. Secondly, Mr. Trout notes that section 14.N requires Maryvale to commence a monitoring program in the event that decreased streamflows in the Fraser River occur at the Hammond Ditch (which has the ability to "call-out" numerous water rights including the District's surface diversions and Fraser's well field). If"Maryvale cannot prove that the diversions result from some other cause, it must then augment the Fraser River to protect the Hammond Ditch. In the face of this onerous burden of proof and augmentation requirement, it seems senseless to force this issue by annexing the District's property with ýÿ " . . an eye towards fostering consolidation of the District's wastewater treatment with that of Fraser Sanitation District's and Winter Park West Water and Sanitation District. Maryvale's Golf Course Exchange Plan Depletions caused by Maryvale's groundwater diversions for golf course irrigation purposes are subject to an exchange plan decree in Case No. 90CW235 (copy attached hereto as Exhibit A). However, this exchange protects diversions from the wells only if the "call" originates at a point downstream of Windy Gap Reservoir. As part of the settlement of litigation between the District and Maryvale, by which Maryvale conveyed property to the District which is currently the site of its wastewater treatment plant and lagoons (copy attached hereto has Exhibit B), Maryvale was permitted to "overfile" on the District's treated effluent as it left the wastewater treatment plant. Maryvale completed that appropriation in Case No. 82CW418 (copy attached hereto as Exhibit C), although such appropriation may be of dubious legal significance. See Metropolitan Denver Sewage Disposal District No. 1 v. Farmers Reservoir and Irrigation Co., 449 P.2d 1190 (Colo. 1972). Thus, Maryvale has done little or nothing to protect senior water users in the vicinity of Fraser from depletions associated with its golf course diversions, particularly as growth continues in the Upper Fraser Valley. Requests for Relief The District reiterates the relief requested in its original Opposition to the Petition. Dated this ZH/J:..day April 1998. PARCEL, MAURO & SPAANSTRA, P.C. mtM4/ o vi A. Bailey Paul S. Enockson 1801 California Street, Suite 3600 Denver, Colorado 80202 Telephone: (303) 292-6400 Telecopier: (303) 295-3040 ATTORNEYS FOR THE GRAND COUNTY WATER AND SANITATION DISTRICT NO.1 -2- ýÿ . "1 . . Certificate of Mailing . I hereby certify that, on this.;4~ay of April 1998, the forgoing Supplemental Opposition of Grand County Water and Sanitation District to Petition for Annexation was delivered by facsimile delivery to the Town of Fraser and mailed to the following, United States mail, postage pre-paid, addressed as follows: Town of Fraser P.O. Box 120 153 Fraser Ave. Fraser, Colorado 80442 M.J. and Steve Sumrall P.O. Box 2470 Fraser, Colorado 80442 Maryvale, l.L.C. c/o E. Rick Watrous 3333 South Wadsworth Blvd. Lakewood, Coloraao 80227 J. Scott Bradley, et al. 3450 South Poplar, No. 203 Denver, Colorado 80237 .-. ! ''---',i,' . . . C:.~ i.1; " , ,-->/i ill} -~. S/i, J /t v-- 0175856.01 -3- ýÿ .. . . . EXHIBIT A . ýÿ ._--- ,. . , . ~~ }' ILL P .._---, J' IN COMFJ'~. ~'.:. ., ..h.... . GARJ:IEl :" " .,. '""V ,-, , DISTRICT COURT, WATER DIVISION NO. 5, COLORADO i MA' . :. . -<> .. f Application No. 90-CW-235 l::::::::-' ! ._._._... ...... ._.C:_ERK..J RULING OF THE REFEREE IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF THE TOWN OF FRASER, COLORADO, IN GRAND COUNTY The above entitled application was filed on November 23, 1990, and was referred to the undersigned as Water Referee for Water Division No. 5, ~ate of co~o, b~the Water Judge of said Court on the I ~ day of ...Q............ _ , 1990, in accor- dance with Article 92 of Chapter 37, Colorado Revised statutes, 1973, known as The Water Right Determination and Administration Act of 1969. statements of Opposition to said application were filed by Hurd Creek Ranch Company, City of Englewood, State Engineer and Division Engineer. The Objectors have consented to the entry o~ this Ruling. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the application are true and having become fully advised with ( respect to the sUbject matter of the application does hereby make the following determination and Ruling as the Referee in this matter, to wit: (l) The statements in the application are true. (2) Name of Structure: Fraser Wells No. 1, 2, 4 and 5, the Gaskill Ditch, Wells RM-5, RM-6, and RM-7; Detention Reservoirs K-1a, K-1b, K-2, J-2, J-3,E-Fi and Maryvale Reservoir. (3) The name and address of the Applicant are Board of Trustees, Town of Fraser, Post Office Box l20, Fraser, Colorado, 80442' . (4) The date of the initiation of appropriation is August 1; 1~8g, which is the date of agreement between Mida1e Park Water ConserVancy District and the Board 'of Trustees of the Town of Fraser, CC>lorado. (5) The decreed uses are as follows: Wells RM-5, RM-6 and RM-7 are ~o be used for irrigation purposes. Fraser Wells No. 1, 2, 4 and 5 are decreed for irrigation, domestic, industrial and all other ~unicipal uses. The Gaskill Ditch (st. Louis Ditch Enlargement and Extension), 1 cfs is for irrigation, domestic, fire and sanitation district purposes, garden and lawn irrigation I and other household uses. The Detention Reservoirs' uses are \ ýÿ .. . . \ . . . ... . . . ~ Water Division No. 5 Ruling of the Referee ( 90CH235 undecreed. Maryvale Reservoir is decreed for domestic, recreational, irrigation and fish culture uses. (6) The amount of water claimed to be utilized in the I exchange is 80 acre feet from a combination of all diversion structures specified in Paragraph (2). The specific flow rates for the exchange to each structure shall be as follows: Fraser Well No. 1: 119 g.p.m. Fraser Well No. 2: 119 g.p.m. Fraser Well No. 4: 70 g.p.m. Fraser Well No. 5: l8 g.p.m. Gaskill Ditch: 1 cfs Well RM-5: ) Well RM-6: } 225 g.p.m. TOTAL Well RM-7: } Maryvale Reservoir: 0.5 cfs (7) Source of Exchange Water: Applicant has entered into a Water Allotment Contract dated August 1, 1989, with the Middle. Park Water Conservancy District for the water right to an annual entitlement of 80 acre feet. This water is a portion of the 3,000 acre feet which the Municipal Subdistrict, Northern Colorado Water Conservancy District has agreed to annually place ( in storage in Granby Reservoir, which is located upstream of the confluence of the Fraser and Colorado Rivers, on the Colorado River, Grand County, Colorado. Additional provisions of this Agreement are outlined in the Aqreement Concerninq the Windv Gap Pro;ect and the Azure Reservoir and Power Pro;ect. Dated and Siqned April 30. 1980 and approved by Water Court, Water Division No. 5, civil Action 1768, by Interlocutory Decree dated October 27, 1980, and Supplement to Aqreement of April 30. 1980, duly decreed in Case No. 85-CW-135. (8) Notice of the application was provided in accordance with law and the Court has jurisdiction over the subject matter of the application and over all parties affected thereby, whether they have appeared or not. (9) Location to which exchange is to be made to the point of diversions described as follows: Fraser Well No. 1 is located in the SE1/4NE1/4 of Section 19, Township 1 South, Range 75 West of the 6th P.M. at a point 1,550 feet South of the North line and 450 feet West of the. East line of said Section 19. Fraser Well No. 2 is located in the NE1/4NE1/4 of Section 19, - 2 - l ýÿ .' . , . . .: Ttia~er Division No.5 Rulipg of ~he Referee 90CH235 r ToWnship 1 South, Range 75 West of the 6th P.M. at a point 950 feet South of the North line and 325 feet West of the East line of said section 19. Fraser Well No. 4 is located in the NE1/4NE1/4 of section 19, Township 1 South, Range 75 West of the 6th P.M. at a point 475 feet South of the North line and 375 feet West of the East line of said Section 19. Fraser Well No. 5 is located in the NEl/4NEl/4 of section 19, Township 1 South, Range 75 West of the 6th P.M. at a point 50 feet South of the North line and 475 feet West of the East line of said section 19. The point of diversion of the Gaskill Ditch is located on the East Bank of the st. Louis Creek at a point whence the SW corner of section 25, Township 1 South, Range 76 West of the 6th P.M. bears South 2719'30" West, 3,896.2 feet. Well RM-5 is located in the SE1/4SE1/4, section 20, Township 1 South, Range 76 West of the 6th P.M., 425 feet from South section line and 225 feet from East section line. Well RM-6 is located in the SE1/4SE1/4, section 20, Township 1 South, Range 75 West of the 6th P.M., 800 feet from South section line and 225 feet from East section line. Well RM-7 is located in the SW1/4SE1/4, section 20, Township 1 South, Range 75 West of the 6th P.M., 1300 feet from South section line and 2300 feet from East section line. One or more of six Detention Reservoirs to be located as follows: Reservoir Located in T1S. R75W Volume in Acre-Feet K-1a NW/4 NE/4, A29 7.0 K-1b NE/4 NE/4, A29 5.0 K-2 NE/4 NE/4 and SE/4 NE/4, A29 10.0 J-2 NE/4 NE/4, A29 and NW/4 NW/4, 628 2.0 .. q--3 NW/4 NW/4 and SW/4 NW/4, A28 . 6.0 E-F SE/4 NW/4, A28 6.0 and Ma:yvale Reservoir located in the S/2 NW/4 A28, T1S, R75W. . (~O) The effected reach of the Fraser River would be between the Town of Fraser's points of diversion as specified in Paragraph (9), and the point of confluence of the Fraser and the Colorado Rivers in Section 25, Township 2 North, Range 77 West of - 3 - '. . , .' . .. , . . ... I Water Djvision No. 5 Ruling of the Referee ( 90CJi235 the 6th P.M. (11) The Town of Fraser by virtue of its Water Allotment Contract executed with the Middle Park Water Conservancy District is the owner of 80 acre feet of the 3,000 acre feet which the Municipal subdistrict, Northern Colorado Water Conservancy District places ~nnually in Granby Reservoir as outlined in the Aqreement Concerninq the WindY Gap proiect and the Azure Reservoir and Power Proiect. Dated and Siqned April 30. 1980, and which was approved by the Water Court, Water Division No. 5, . l.n civil Action No. 1768, by Interlocutory Decree, dated October 27, 1980, and the Supplement to Aqreement of April 30. 1980, which was duly decreed by the same Court in Case No. 85CW135. Pursuant to said Agreements, water will be released from Granby Reservoir to replace depletions to the Colorado River caused by Town of Fraser's diversions in amounts as determined by the Division Engineer, Water Division No.5, when the diversions by Town of Fraser would be curtailed due to the call of senior water rights downstream from the Town's points of diversion. The Town's points of diversion and point of return flow to the system would be measured to ascertain how much water would need to be released to make up for the Town's actual depletions to the stream system. The point of return flow shall be the existing ( Fraser Sanitation District sewage lagoons or a future treatment facility located downstream from the Town of Fraser along the Fraser River, except for irrigation return flows. The Town's minimum depletion which will be replaced under this exchange would be five percent (5%) of diversions assuming inside uses. Releases from Granby would occur at the same time diversions are made. Between the points of diversion and sewage return flow discharge, depletions are 100%. Return flows for irrigation are not included in this exchange. (12) Town of Fraser's exchange of windy Gap water cannot be utilized to satisfy senior water rights calling below Town of Fraser's points of diversion and above the confluence of the Fraser and Colorado Rivers. This exchange can only be utilized if water can be provided by release of water from Granby Reservoir to satisfy senior water rights. (13) The State Engineer shall curtail the Town of Fraser's diversions for any depletions which cannot be replaced by exchanges from Granby Reservoir pursuant to the Agreements described in Paragraph 7 above for the benefit of calling senior rights. (l4) The Referee, having examined the information submitted - 4 - ~ . . . . - Ha~er D1v1s1on No. 5 I Rul1ng of ~he Referee 90CH235 by the Applicant, and having completed the investigations necessary to make a determination in this matter, does find that the water right requested in the application is confirmed and granted. (15) Pursuant to C.R.S. 37-92-306, the priority date awarded for the conditional water right adjudged and decreed herein, which was filed in Water Court in the year 1990 and shall be administered as having been filed in that year; and shall be junior to all water rights or conditional water rights awarded or applications filed in any previous calendar year. As between all rights filed in the same calendar year, priorities shall be determined by historical dates of appropriation and not affected by the date of entry of this RUling. (16) Applicant shall install, maintain and operate such water measurement devices, recording devices, content gauges, and inlet and outlet measurement and recording devices as are deemed. necessary by the Division Engineer to administer the rights and exchanges in a form and manner approved by the Division Engineer. ( (17) When Hurd Creek Ranch Company, by its portion of the Hammond No. 1 Ditch, has placed a valid call on the Fraser River, which rights have an adjudication date of August 1l, 1906 and an appropriation date of December 31, 1882, then the Town of Fraser shall not operate this exchange. (18) This Court shall retain jurisdiction in this proceed- ing to reconsider the question of.injury to the vested water rights of others as provided in C.R.S. 37-92-304(6) (1990 Repl. Vol.) from the date of this decree. Any person desiring the Court to reconsider the question of injury must file a verified petition with the Court, setting forth the facts that cause such injury and the claimed injury. The person lodging the petition shall have the burden of proof to establish the facts and injury alleged in the petition. Application for a Finding of Reasonable Diligence shall be filed in JUNE of 2001 , and every six years thereafter so long as the claimant desires-to maintain these conditional water rights or until a determination has been made that these conditional water rights have become absolute water' rights by reason of the completion of the appropriation. It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk, subject to Judicial review. \ - 5 - ýÿ .... . . . . r!.'> I Wa~er Division No. S Ruling of ~he Referee 90Clli23S It is further ORDERED that a copy of this Ruling shall be filed with the appropriate Division Engineer and the state Engineer. DATED: ~~ I CYc:r..s- ~ . '.' ; v Referee v Division No. S v '717 ~~ of Colorado The foregoing RUli~onfirmed and approved, and is made the Judgment and Decree of this Court. DATE: '~--- 8' /?7.:) ( :I' . ~ ;:$;~U~/:' ~ater Judge ':;!j:::::' (..; ."'~' ~ ~., '.:) r<i (':.: V' ,. ,/ .,. ". ::-r'-- ~r~~~~:-;~ .0; :.,--... I' - '", ,C' ;" ij I' .,: . .~ - .., j L",.._.. :-:~': '__: u :.~.~~ _ ;.!_v Lh;. .,:, '" .~. ... .'! u' :: i... .; ~ . . ,'J"\ i~ ATrO:-,,\iSYS-::l.:7 -U\W \ - 6 - C:\Wp\swc\r\90CW23S.ROR , . . . ~ . EXHIBIT B j. (. (. ,: . . DISTRICT COURT, COUNTY OF GRAND, STATE OF COLORADO Case No. 8lCVlO2 ---~-------------------------------------------------------- STIPULATION AND AGREEMENT OF SETTLEMENT AND DISMISSAL ------------------------------------------------------------ REGIS EDUCATIONAL CORPORATION, a Colorado corporation, Plaintiff, vs. GRAND. COUNTY WATER AND SANITATION DISTRICT NO. l, a Colorado water and sanitation district~ WRIGHT CATLOW~ WILLIAM McCAMMON~ DONALD BAUM~ WILLIAM HARRIS ~ ROBERT PETERSON~ and DENNIS DUCOMMUN, Defendants and Third-Party Plaintiffs, vs. UNITED FIRE & CASUALTY COMPANY, an Iowa corporation, Third-Party Defendants. '. --------------------~--------------------------------------- COME NOW the parties to the hereinabove captioned matter, by and through their attorneys of record, an~ do hereby stipulate and agree to dismiss this action according to the following terms: l. Regis Educational Corporation and/or its successor Regis Maryvale, Inc. (hereinafter referred to as "Regis") shall convey over and unto the Grand County Water and Sanitation District No. 1 (hereinafter referred to as "District") by warranty deed, free and clear title to the parcel of real property commonly referred to as the lagoon site, said property consisting of 24 acres, more or less. Said property (hereinafter referred to as "Lagoon Site") is more particularly described in Exhibit "A" attached hereto and made a part hereof. ýÿ . . (. : ' 2. District shall convey over and unto Regis, by quit-claim deed, title to the parcel of real property commonly referred to as the "Water Board" property. Said property (hereinafter referred to as the "Water Board Site") consists of 29.4 acres, more or less. The Water Board Site is more particularly described in Exhibit "B", attached hereto and made a part hereof. 3. The execution and delivery of the documents . necessary to effectuate the conveyances hereinabove referred , to in paragra~~ne and two shall take place simultaneously on or before ilIA ~~ ' 1983, at a time and place certain to be mu Ual~y determined by the parties hereto. 4. In the event that either of the parties hereto fail to execute said documents conveying the parcels of real property as identified in paragraphs one and two hereof and more particularly described in Exhibits "A" and "B", attached hereto, then, in that event, the parties agree to an Order being entered directing the Clerk of the Court to execute the necessary documents effectuating transfer of title on behalf of the party(s) which fail(s) to comply with the terms of this Stipulation and Agreement. 5. As a part of the consideration for entering into this Stipulation and Agreement, District agrees that it shall notify Regis, on January l, 1985 or at such time thereafter, when unused capacity of District's sewerage. treatment facility or sanitary sewer trunk line shall be six hundred (600) single family equivalent connections. Thereafter, Regis shall have the option to petition District for inclusion within the District's boundaries, certain parcels of real property, commonly referred to as the Maryvale property, more particularly described in Exhibit "c" attached hereto and made a part hereof; and the Water Board site, more particularly described in Exhibit "B", attached hereto and ' made a part hereof; and District shall accept such petition ,under the following terms and conditions: a. Said option must be exercised by Regis within 30 days of receiving the notice above referred to that unused sanitary sewer capacity is six hundred (600) single family equivalent connections. b. Once said option has been exercised by Regis, Regis may commit to utilize up to two hundred (200) taps in each of the next three (3) succe.ssive years: EWiPLE 1985 - up to 200 taps 1986 - up to 200 taps 1987 - up to 200 taps - 2 - ýÿ , I. . " c. Regis shall pay the prevailing tap fees for each of the 200 taps available to it each year upon connection into the nistrict's sanitation system of I each sanitary sewer tap. d. prevailina taD fee refers to the prevalent rate assessed bv the Di~trict on the date of connection. ~ e. At the option of Regis, should Regis for some reason wish to delay connection of said sanitary sewer taps, Regis may, at any time during each of the three years, commit to and pay for said sanitary sewer taps prior to connection, paying to the Dis~rict the tap fee prevalent at time of commitment and "payment. Howeve~, nothing in this paragraph shall entitle Regis to obtain more than 200 sanitary sewer taps in anyone year, as contemplated by this Stipulation. f. Regis shall be entitled to up to 200 sanitary sewer taps in each of the three years as authorized hereinabove. Failure of Regis to commit to and pay for any of the 200 taps in a given year shall result in a forefeiture of Regis' right to obtain any remaining taps allocated to such year. (l) Example: In 1985 Regis commits to and pays for lOO sanitary sewer taps. As of January l, 1986, any right to the remaining lOO taps allocated to 1985 are deemed to be forefeited by Regis. 6. Failure of Regis to make timely payment for the sanitary sewer taps hereinabove referred to shall result in a forefeiture of any rights to said sanitary sewer taps as provided for in this Stipulation and Agreement of Settle- ment and Dismissal, however, nothing stated herein shall prevent Regis from obtaining sanitary sewer taps under standard District rules and regulations or procedures. 7. The provisions of paragraph number five (5) herein, concerning the option being granted to Regis to petition for and be granted inclusion within the District's boundaries, as well as, the rights of Regis to obtain certain above referred to sewer taps, shall expire and become null and void on January l, 1990, in the event that said option has not been previously exercised. 8. It is the stated intent, understanding and agreement of the parties hereto that paragraph number five (5) hereof is meant to insure that Regis is able to obtain - 3 - i. (e : sewer taps in order to develop it's property kno~~ as the Maryvale property, described in Exhibit "C" attached hereto, in the event that District's ability to provide sanitary sewer treatment should fall to minimum levels. Should District's capaciuy not drop to a minimum 600 sewer taps, as provided for in paragraph number five (5) herein, prior to January 1, 1990, nothing contained in this Stipulation and I Aqreement of Settlement and Dismissal shall be interpreted so as to obligate District to the terms contained in paragraph number five (5) herein. 9. The option granted to Regis in paragraph number five (5) herein shall be fully assignable to any assignee of the entire Maryvale property, described in Exhibit "c" attached hereto and made a part hereof. 10. . Nothing contained in the herein Stipulation and Agreement of Settlement and Dismissal shall be construed as granting to Regis any right to the granting of water service taps. Any application for water service taps ~ust be made and granted through the normal rules, re~ulations, and procedures of the District with due regard given to limitations and abilities to provide water service taps as a result of physical and legal availability of District water rights. 11- U~on execution by the parties hereto of this Stipulation and Agreement and the conveyance of the properties described in Exhibits "A" and "B" hereto, that lease agree- ment entered into b~7 the parties hereto, dated February 12, 1973, attached hereto as Exhibit "0" and ~ade a part hereof, shall terrr.inate and all terms and concitions of said lease agreement shall become null and void. 12. It is understood by the parties hereto that the Regis Educational corporation 'may desire to develop the Maryvale property, Exhibit "C" hereof. It is also under- ,stood that as currently planned, said development may include construction of a golf course. As a part of the consideration for entering into this Stipulation and Agreement the Grand 'County Water and Sanitation District No. 1 agrees as follows: The District hereby consents to the use of its effluent by Regis for purposes of golf course irrigation and stipulates that it will not file a Statement of Opposition with respect to Regis filing a water court action concerning the use of effluent created bv District's facilities for aolf course irrigation purposes. However, it is Understood that all legal and engineering fees associated with said application shall be borne solely by Regis and that said use by Regis cannot nor shall it be in the future - 4 - ýÿ . r.. (. : utilized by Regis or any other individual or entity in such a fashion as to increase the normal consumptive use attributable to the Grand County Water and Sanitation District No. 1 water facilities but shall constitute a totally new and junior water right upon the Colorado River system. Any right vested in Regis by virtue of this Stipulation and arising out of this paragraph, shall not in any way be utilized by Regis to prejudice any increased utilization of water by Grnad County Water and Sanitation District No. 1 or change in point of diversion, change in use or other alternate water facilities tQat the District may be required to obtain in order to fully serve the present and future residents of the District. l3. The parties hereto agree that each party will pay its own legal fees and costs. l4. The parties hereto understand and agree that upon compliance with the terms and conditions herein set forth these proceedings ~ be dismissed with prejudice. Dated this ~~ay of ~ ' 1983. /, /~ s Educat~on . m~~' '. !I., ~... By: '.' :i~' , Water & District No. 1 ~.w,.L. ..-:r- ~ ~1-fL- ".... , .' C . " BY:~~ ~ -' , right low . By: &Uf ~'-1c/!"__, AI.,.'r%. William McCammon By :~ ;' l~ A OcfIiJ &t t.. 7'\- ~ Cifia d Baum . - 5 - ýÿ . re (. ; ( ~7 . f 13 By: . ~ el:;;~ Robert Peterson b; G By: .~'r~.L P~...c:--:'"-?~'-"AA.-- Dennis Ducorr.mun BY:~I?~ united Fire & Casual Y ompany a.~~ .' ~ . - 6 - . '. (. . EXHIBIT "A" I ( Beginning at the Ssuth l/4 corner of section 20: thence proceeding North 0 26' West along the North-South center line of Section 20 a distance of ll02.32 feet 00 the true point of beginning: thence proceeding sogth 6l 59'47" East a distance of 343.l8 feet, thence South 5603l'25" East a distance of 342.69 feet, thence South 4l 04'23" East a distance of l20.80 feet, thence South 56~3l'25" East a distance of l35.02 feet, thence South 7l058'5l" East a distance of 120.78 feet, thence South 56 d6'l5" Bast a distance of ll29.95 feet, thence South 86 30'00" East a distance of l80.0 feet~ thence South 33 30'00" we~t a distance of 40 feet more or less, thence south056 30'00" East a distance of 20.00 feet, thence North 33 30'00" Fast a gistance of 505.l9 feet more or less, thence North 56 30'00" West a distance of l75.00 feet, thence North 33~30'00" East a distance of l23.l2 feet, thence North 20027'22" West a distance of 97.99 feet, thence tJorth 5202l'56" West a distance of l30.58 feet, thence North 68 31'00~ West a distance of 217.27 feet, thence North 60059' 53" ~1est a distance of 222.49 feet, thence NOeth 84 34' lO" l>'7est a distance of 94.32 feet, thence sogth 7l 25'43" \'7est a distance of 83.82 feet, thence South 50 46'l6" llJest a distance of l36. 99 feet, thence Nor~h 67002' 4l" \'7est a distance of 348.l1 feet, thence North g4 44'27" West a distance of 383.42 feet, thence North 39 04'37" West a distance of ll1. 30 feet, thence North 59ol3' l4" \'Yest a distance of l24.47 feet, thence South 75040'28" ~'7est a distance of 85.06 feet, thence Sogth 88056'l5"West a distance of l76.76 feet, thence Nsrth 78 2l'25" West a distance of 75.00 feet, thence North 3l 33'll" West a distance of l38.l4 feet to a point on the North line of the South~est l/4 of the southeast l/4 .' of Section 20, thence South 89 44' 47" \'Jest a distance of 200.00 feet to the Northwest corner of the Southwess l/4 of the Southeast l/4 of Section 20, thence South 00 26'00" East a distance of 222.22 feet to the true point of beginning, , County of ~rand, State of Colorado. \ ýÿ . EXHIBIT "B" (. . A parcel of land, situated in the southwest quarter of the southwest quarter (SWl/4 SWl/4) of Section 20, Township ( 1 South, Range 75 West of the Sixth principal Meridian, County of Grand, State of Colorado, more particularly described as follows: The southwest quarter of the southwest quarter (SWl/4 SWl/4) of said Section 20, Excepting the Denver and Rio . Grande Western Railroad Company's right-of-way and the cemetery tract of the Fraser or Park Hill Cemetery, described as follows: Beginning at the southwest corne5 of said Section 20 and running thence North 0 04' West along the west ~ine of said Section 359 feet: thence Ngrth 37 30' East 295.0 feet: thence North 55 30' East l84 feet, more or less to the west right-of-way line of the Denver and Rio G5ande Western Railroad: thence southerly on an 8 curve along the west right-of-way line of said Railroad right-of-way 734 feet more or less to the south line of said Section 20; and thence westerly along said south line 299 feet, more or less, to the place of beginning. ýÿ : , . . - ,. - .. EXHIBIT "C" - naryvale Property .. -of , . 6uu<<316 PAcr645 The land reEerred tn in this polic)' is .itlllllcll in thc ~"\lc uE Coloflldo. COllnl)' uf ---- Granr1 , 1In11 ill dC'6t'rihed III Cullow.: - PAP.a:t.1 . '... A tract of land wh1ch 1s all 1n the Nortw#est 1/4 of the Southwest ' 1/4 0: S/fCUon 28. Towns...ip 1 Sout.... RS"9o 75 ""lOt 1yJn9 No:'th"/lSterl,. 0: U.S. Highway ~40 b~lng more particularly des=rlbed as fol~ows. Degln"l"g at the Northeast corner c! sa1d Northw~~t 1/~ 0: the,Southwest '1/~ o! Section 28; thence South 00 Cegrees. 04 ~lnutes, 28 seconds West al~ng the &ast I1ne of said ~orthw.st 1/<. 296.95 feet to the rrort;,easterly right Of wa,' 11". or U.S. Hlghwey lii40; thence North 18 . d.gre~s, 00 ~lnutes, 59 sec~,ds ~est along said rrorth.as~erly right 0: wa)' line, 84.37 feet to . point ot curve; t"'e"ce continuing along .ai~ right or WI)' line along a curve to the 1.ft, having a redius of 2930.'9 feet, an arc: distance ot 230.17 feet to the North line of soid Northwest 1/4 ot the Southwest 1/4; thence along saie North line North 89 d~gree.. 32 _ Dinutos, 29 zeconds &ast, 106.19 ~eet to the point of ~lnnlng. , . PAitCtt. 2 '. A tract of land lying wlthin Section 20, 28 lJnd 29, Township 1 S.;" lIan?e 75 \lest; being oU thet part of the Sout... S, of the S.&. 1/4 of Section 20, tog.t....r with all that part at the Northwest 1/4 of the SOY!:hwesl: 1/4 and the ~;'llst 1/2 of the 'lol"tl'lwest 1/4 o! Section 28 and t09'!:he~ vlth ell that part of the &~sl: 1/2 of !:he northeast 1/4 and the .';o~thwest 1/'; of th'll North.ast 1/4 of SKt10n 29 wlllch 110s Southerl)' of U.S. H19~w~y.U40 right of way and North.rly of the Denyer . Rio Crande .Railroad right of way, DOre particularl)' de.crlb~ e. follows: a.91n'1ing at th: West 1/4 comer of Section ?8; thence South 00 dl!N;ren', 14 .dnu!:es, 29 seeonds &ast along the \1est..l'1n... of th. ';or~st 1/4 o~ th~ SOU~hw~st 1/4 of Section 28, 1330.~2 fe.t to the S~~t:hwest corner of :ald no:thw.st 1/4 of the Southwest 1/4; thence north 89 degrees, 34 ~inutes, 23 seconds C~st, along tile South line of said Northwest 1/4, 1257.43 feet to the Southeast corn~r of sald horthwest 1/4 of the Southwest 1/4; thence No~th 00 degrees, 04 minutes, 28 secon4s Cast. alan the &ast line of said Nort~st 1/4 of tho Sout~~est II', 609.14 feet to the Southerly right of way line 0' U.S. Hlg~wAY ~40; t"'ence along sald South.rly right of way 11ne "orth 18 d~r.~ 00 minutes, S9 lleeonds ".st; CBS.46 teet; thonce continuing alon~ said r~ght at w.,..11n. along a curve to the l.ft, "'ayin9 a radius of 2799.79 feet, an arc distance 0' 1112.10 feet. thence conc1nuin9 along said right of w.y lin. ~orth 40 davr.... 47 Drnwtes, 50 seconds west, 1958.8& feet; th~nce continuing alon9 said right of wa,. line alon9 . curye to the l~ft, having a rod ius of 1366.40 leat. and ore distance of 375.01 feet; thence contlnulng along .ald r1ght o. wa,. I1n. North 56 dogr..., 31 mlnut... 20 seconds Uest, 356.41 teet to' t~e lnt.rsection or the North 11no of t:~e r1orthea:lt 1/4 o! Sect! 29; th~nca continuin9 alon9 sald rlght of way l1fte Dnd a10n9 SDld Horth 11n. of the North...t 1/4 North B9. d",,,ees. 3Q 1Il1nutes, 57 .ec~nds, t..t. ,t6~S4 . . # ,;.. '7on. t ".J~""... . . . . ýÿ ~ . . r . . feet; thence contlnuln9 alon9 said rlqht of way line hor~h 56 d~rees, " 31 alnutes. 20 seconds ~e.t. 1607.79 f~t; thence contlnvln9 alonq sal~ . . ~l~ht of way o10n~ a curve to the left, hOYln9 a radlv. of 7824.79 feet. an . arc d1staftCe of 137.&& feet to the ~.st l1ne of the Sovtheast 1/4 of Sect10n 20: thence South DO ~e;rees, 21 mlnute., 05 seconJ. Ca.t along said West l1ne, 972.28 feet to the ~orth 1/4 corne~of Sect10n 29; thence South 00 d~re.s, 78 alnute., 06 seconds &~.t, alon9 th~ West ,11n. of the ~orthea.t 1/4 of Section 29. 7'7.41 fcet to the ~ortherly rlght of way ~L Ulle of the Denver & Rio Crande We.tern R.JUroad; thence alon9 nid C" Northerly r1~ht of way l1n. alon9 a cu~'e to t~a right, hav1ng a radlu. ~ of 81&.20 feet and the tan?ent of which bears South ~9 degrees, 32 mlnute., (~ 04 .econd. Ca.t, an arc d1stance o~ 1'-5.85 feet; thPnce continuing alonv __ sald rlght Of W4Y line alon9 ~ s~lral curv~, thp chord nf whlch boar. en South 3~ degrees, 26 mlnutes, O~ sc:~nds tost, 201.ea feet; th.~ce contlnu- lng alon9 sald right of way line South 31 de;r..., 43 mlnutes, 25 s~onds ;; t..t, 330.28 feet to the South line of the Northwest 1/4 of the Horthe..t ~ 1/4 of. SecUon 29; tlUtftce 1I0rth 89 deq:,e"s, 47 m1nute., 36 secOnds i:as~ m along the South line of sald ~orthwe.t 1/4 of the Northeast 1/4, 934.11 ~ feet to the Southeast corner of sal~ Northwe.t 1/4 of the Northea.t 1/4 ~ of Section 29; thence South 00 d~rees, 31 Dinute., 57 .econds Cast alon9 ~, the Cast line of the Sou~heast 1/~ of the North..st 1/4 0' =ectl~, 29, 1064.96 feet to the Northerly r19ht of way line of the Denyer . Rio GrBftd. W~stern Railroad; thence alon; said Northerly rlqht of way line along a . curve to the left. h~Yin9 a redlus of 276~.19 feat and the tangent. of which I bear. South 59 d89ree., 57 .inutes, 33 seconds, en arc distance of &9.86 I feet; thence contlnuing alQft9 said Northerly ~i~ht of way line of . .plral curve, th.. chord of "hlch Mars South 60 c1~r..s. 00 _lnutes, 43 .econda East, 233.88 f.et; thence cont1nuin9 a1on9 said Northerly ~ight of way line South 60 de;rees, 54 .1nut... 25 second. East, 198.10 f.et to the . South line of the SOUth....t 1/4 of the t'orthaast 114 of Section 29; th__ : North 89 d~ree~, 50 m1nutes. 55 seconds to.t along ..id South 11n.. 888.39 leat to the point 01 .beglnnlng. PAr!Cz:t. 3 ! A tract of land lylng Northeasterly of the U.S. Hlghway '40 ~lght of way withln~he South 1/2 of the Southeast 1/4 of Section 20, the South 1/2 of the Southwest 1/4 of Sectlon 21, th_ 1I0rth 1/2 and the North 1/2 ' of the Southeast 1/4 of Section 28 and the Horth.ast 1/4 of the tlorthea.t 1/4 of Section 2J more particularly de.cr1bed a. followsl 8eglnn1n9 at. " I the Northwest corner of the South 1/2 of the S~the..t 1/4 of Sect10ft 20; thence ~orth B9 degrees, 47 m1nutes, 58 seconds i:a.t .1on~'the North line of sald South 1/2 of t~e Southe..t 1/4. 2633.59 feet to the Northeast , corner of sald South 1/2 of the South.a.t 1/4; thence 1I0rth 89 degr~... . 17 ..1nutes, 15 .econds tut, shlnq the Ilorth Une of the South 1/2 of th~ . South~st 1/4 of Section 21, 2636.17 feet to the lIorth.a.t corner 0' .ald South 1/2 of the South~st 1/4; thence South 00 ~.,rees, SO m1nutes. 18 , seconds &ast a10n9 the East 11ne of .a!d S~,~h 'I' of th" Southwest 1/4. : 1321.69 feet to the North 1/4 corner of Section 2S; thence North 89 de9r.... 17 minutes, 22 .econds i:ast along th~ North 11n. Df the North.ast 1/4 of S;::ctlun 28, 2iSO.57 fr'lt to the tlorth",,,"st com-r of sald NoC1:h.,...t 1/4; thence .South 01 degrees. 32 ..lnutes. 30 seconds \l.st along tile East U.n. , of .ald Northe.st 1/4, 2677.40 f..t to the Ea.t 1/4 corn.~ of Section 18; . thence South 01. d~~e~s, 33 alnutes, 15 seconds w..st along the' East lin. I of tho North 1/2 of th. South~ast 1/4 11~3.22 fePot to the Southeast ' , comer o~ ..ld North 112 of the South~at 1/4; th'tnc'll South 89 dl!9rees, : 37 "'1nute.. 0& seconds loIest a1on; the South l1n. of .aid North 1/2 of the ' 5outhe.st 1/4 7582.16 f~.t to the Southwest com.r of said North 1/2 of , the Southe..t 1/4; thence lIorth 00 d~r~., 35 Minutes, 3S aecand. E.st ' G10n9 the ~est line of Slld Hort" 1/2 of the Scuth..st 1/4, 1334.96 feet to the Nort~_st comer of said tlorth 1/2 of the Southeast 1/4; thence North I 89 degr_s, 31 mlnutes. 00 'ecands tnt, 8'75.61 feet; thence North 34 ,. de;:,ee.. 11 minutes, 25 second a East. 835.24 feet; th,,"ce North 14 deq~ees.03 ...inut...47 .econds tast, 941,53 f..t; th~c. Uorth 13 d~rees, 30 m1nutes. G4 .econds We.t, 318.25 feet; thence North 4G d~r..s. ~4 ..1nut.s. 51 : seCOnds West. 655.75 feet; thence South 84 d~re~.. 5' mlnute., ~ aeconds W~st. 427.44 leet; thence tlcrth 71 d~re.', 08 ~lnut.s, S5 .econd. W.st, 653.74 teet to a point whlch 1. 60 f..t South of th, lIort" 1/4 comP.. of 5~ctlon 2S; thence North 80 d~r-es, 3r. mlnutes. 58 s~cond. West. 1457.48 ftet; thence South 51 d"9rees, (6 C1lnu~e~. 41 .eeond~ West. 624.'3 'e.tl thence' South 32 deq...... 06 C11nutos. 24 s.cond. ~estt 112'.32 foet to the northe.ster1y r19ht of way 11n.. of U. S. HlqhwlY #40; thence North 4:1 d~re.s, 47 1lI1nute.. 50 second' W.st alOft; aald Iiorttu.a.t"rly rl17h' of W.Y l1ne, 1024.49 feet; t"conc. contlnuin9 al0ft9 ,a1d r1;ht o! ~y I1ne along a curv- to the l~ft, hO~ln, ~ r~~lus o! 14~~.40 r..t, an aeC -- ~~:~~ftC~ af 4\1.2~ ~..~; t"~:- ~'-~~~~l~, .t~~ ~~~~ r1:~~ ~. wcy No:~h ~; ,''';r~.~. 31 :!lnut..~. 7"J :'..;.":.: ~,:~,t, ~i.~...' !1l':: t('l th" :.10':"'" Ii." o! th~ t:orth""llt I,"; of S_ticn 1.9; th~c~ cO!'lHn'1!.nq elon9 ,.a\d r!gh: of ~ay 1in~ and alonq sa1d "orth li~p nf th~ Uo~th~ast 1/4 South 8' de9r.... 30 mlne~os. S7 s~_~s West, 4".5': f"'~t; th.,.ce conUnul!'l9 a1on9 .ald . ~19ht of way lift. North 56d.,r~., 31 mlnu:", 20 seconds ~.~t. 1726.55 fr~t; th.n~o c~tinu1n9 a1cnq :.ld ~lqht of way 11ne alon9 a cur'~ to the Ie!t. havinv a radius of 2'04,79 f~et, an arc dl.tance of 189.47 reet to the West 11~a o~ th. South 1/2 of the South.ast 1/4 of Sectlon 20; th~nce 9\1__~\o. ....-'1 "'__.-_ "_,_"~,,,, ,.,~ ..,_.......~.. .~,_..... ....___ ~\-. ,. "I , ~.'~ ,. :' I \\ \' } I' - . "\'1 ,j , , . ...~.... '. " ,.r EXHIBIT nD i I LEASE AGREEMENT I I , T11JS INDENTURI:, made in duplicate, and entere~ int~ r: _ ;:/..,., J,. r.' ;, '/:. ~," this ..L.:b- ddY of .=/ .~../', , 19 7S, between REGIS CCl:d:tE&E", C1 Colorado corporati.on, carty of the first part, and hereinafter referred to a.s "Uegis", and GRAND COUtlTY WATER A1'lD SANITATION JJISTIUCT NO, 1, a water and sanitation district organized pur- suant to Chapter 89, Article 5, Colorado Revised Statutes 1963, as amended, party of the second part, and hereinafter referred . . to as "District", ('" WIT N E SSE ~'H: . That Regis, .in conside1.'atiun of the rents, covenants, ,- a.nd agreements hereinufter specified, does hereby let and lease to District, the following described croperty, to wit: - . A tract of pronerty, twenty four (24) acres in ~i7.p., generally located on t~e Eastern side of nigll\'ic.y 40 bet"leen the Town of Fraser, and . structur.es nrp.sC'ntly existing on the Maryvale ~ite, on property belonging to Regis College, The ~xact location of the afore~aid parcel to be determined by survey and mutual agreement of the pi:&rties. (1) PlIRI'OZr. OF LEASE. The purpose of this Agreement bct\.!een Re9is clOd District is to make available a loccation for the constr~ction of a sanitary sewage treatment lagoon to serve r llistriet need!;, It if' the intention.of the Board of Directors of l he Db.tr jet., durinq the term of this Lease, to '-Iork in con- - junction \,,~.th other silni tat ion districts in East Grand Count~' - to\o1drds the formation and construction of a consolidated area- ...:ide tre<itmunt ftlcili ty, located elsewhere. If, durjng the term of thin Lease, OT at its expiration, such consolidat~d uh;trict facil i.ty !;h.l] 1 cOl"le into existence, it is the intention r . - "'... ,'" , --. .. -..- - ..- ýÿ .-- ...-.- I , ~- , . . I"" i , . .. of thL: HOilrLl of Jlinlctorn uf the uiotrict to immediately become. , ,- if economically feasible. j <I p"rL uf that CClIl~;olid'ltcc1 district, \ 'l'i!f.l naIl! puroos.' of Di!1t.ric:t'r. I.eusl'! \,lith Regis then, is to pro- ville> il(lnqu;1tQ tJ '~;ltm'~nt f;'l~i litics for its users until such I time ilS an are".'\,'idc facility m;.ty be Clvailable, (2 ) ')'/:m.l. 'I'he i ni tiell term of this Lease shall be ! ('''.OIu''nr.r-c] nn tIll' 1 :;1' r1,1Y of ;J,lnuury, 1973, ancl ohllll end on tho 31 s t di.1Y of net~'!llIbl!r., 1981. If, at the time of the expiration of this Lease I tht!rc.! shall not be in existence and available an : i.ln:d-\-liclc fdocilj t~' which it. is economically feasible for District to join, a t~10 (2) yeClr extension of the lease term shall begin. r-. Dur lng this ~:-:tenzi'm period, District may either cease using the 1Ci900n entirely, as an effect of ;i.ncorporating into an area- ~ \.lid.:! system, or negoti.ate \.ith Regis or others for the lease or purchase of a site for a mechanical tertiary treatment facility . in tho Silme gnncrfl locdtion on a three (3) or four (4 ) acre !,;i tc, l!nlcss incorp~ration into an urea-\,ride system is eminent <.It. the time the JniLii.ll lC.J1W term expires, District will con- :.Ll'lh:l. HUGh d lp"t i .JJoy l:1-L".lllllH1t fucility so that it can Vdcute the 1<1900n nitc (or such portion thereof as is not required for th~! tertiary trc.ltlllcnt L:lcility) at or before the explr<ltion o.f !luch t\:o (2) yei.lr PQr iod, District shull notify Regis in writin~ rugurcliny its inlantiollR within si~ (6) R~nths after the initial - . )~a5e tarw e~pircs, Under no circumstances will District be per-' ,.... udttcll .to maintain its 1~19()01l on !legis property after December - ~ J , 1983. - (3) 'J'J~PH H1'i~T:'\I., Tha rental for the initial term, " elml for' the! e~: L"~II:. i on of t IJn 1 f!u nc tnrrn, will be a total of Forty Dolldrs ($'~O,O(J) n~l'" dcre ocr yeClr or portion thereofnClY- i.,\.1.~ in 1.l.:l'.';lncn, For- c::"'",Il1c, tho rental puyment for the your ,-.. 1:.173 tlh~.ll l;c lIo1',"oIol;~ {Ill ~J;lnll'lri 1, 1973. - .. ,;.". -2- -0 .: r-',' '. . . (4 ) CONf,TRUCTIO~ OF LAGOON SITE AND RELATED FACILITIES. ~ Uiztrict shull construct a sanitary treutment sewage l~goon on the N.lryvillc property, on not more th,;lO t1t/enty four (24) acres, t.he CXact 10c...I ion ill1d houndaries of which sh~ll be subject to approval by I(C~I is. 'l'he treatment facility and outfall line shall . be designed so that all of the Maryvale property may be served by grCivi ty f 101rl, Said lCigoon shall be desi9ned, constructed and muint.lined ~lO th..t lie) of! cnnive odors are emitted. The Leased premises sheall be promptly landscaped at District's expense to -. a standard to h~ agreed upon by Regis and District as soon as . final construction plans are available. District water and sani- ~ teary sewer facilities shall be constructed to a point within one hundred feet (100' ) of structures presently existing on the Mary- vale property site, on or before November 1, 1974. (5) I:Mif:m::IlT FCW Ol''l'FALL LINF:. When District and . Regis hCive agee'cd on the location for the proposed sanitary se\oler outfell line, Hcgjs shall give to District an easement for Suid outfall ' i no 0 S~id outfall line shall be located as near to tl~ strc...m uH po~uiLla, lmt with as little disruption to the zl.n:,IHl .,S p()~r;jl>]~. (G) 'J'AI' I'rl-'nl')'~:, In addition to cash received for . .--- -- ci.ch rantul tVI...., ,.l' l\C!Tcin.lbove mentioned, Regis shall receive, \.,j tll(Jut cost, !HIt f it:itmt \Iatcr and sanitary se\.:er connection ,..... pl~rJl\i t.5 to O1llu\" Wa ler anu sc\.:er service to the existing buildings UII Lhe l-1.1ryv'11l: propl!rty (not necessarily single family ta~ eauiv- i~ 1 en l ~) pluE OIW (1) ildditionul single family tap equivalent. For - (:<I~h ~in~lu f'Jll\ily t")I ('!C1Uiv'llcnt is:;uod to Regis, Reg;i.s shall pay ,- Lhe HLi.lncl.ITc1 r.. I,':; "lll1 t:h,lIoq(!S for: \oJilter and selller service (those chi.rqc~ ilrc prl':,"1I1 j y r'llur IJollilrs ($4.00) each pe~ month for s~wer L,!,:; i.n..l '1'111('0 ll.>! J .,1":; (~"\,OO) ouch per lconth for \'In ter tan!..) r HI.IT il'.,.I t.h~! t.l!TII: ..I lla i ~i L'~41~i(~, HoC)b; shull puy only the tlforclRcntionccl - -3- ," -....... - ýÿ . .----.'. ~ ~ J. I ! .. , . .. , .~ . , '\. 1 . fees, Clnd shilll not be li..blu for ildc.1itional charges which other D1s- .- trict users p.IY purSuilOt to mill levy. (7 ) 11IE'T.II[: r .')~l \H'rJ.~!? J ~:'J'p. rCT nOUHDARI ES. (;,L) ^lth(Ju~h, pursuant to the termR of this Agre~ment, the ~ftryvdle SiLC will l~ ~erved by uistrict facilities, silid site lotill not be includ('u vii lhln the boundaries of the Grand County \'/d lor and Sunil.. ti on ni!; I' r. i ct. However, if.future plans for devel- opment of the f-'"ryvule site \olurrant inclusion, Regis may petition for inclusion, una District shilll accent such petition. ~ (b) UiHtrict Bh..all give negis written notice ,..hen unused capacity of the sewage lilgoon or sanitilry sewer trunk line ,.... shall be six hundred (GOO) single family equivalent connections, Thereafter, Regis shilll have the option to petition the District for inclusion f1f the Maryvale property within District boundaries. HCl)is shall have: the further option of preserving up to six hundred . (GOO) SilOitilry ~..:\'1cr tapl; 1).)' committing to pay tap fees within a p~ri.Qd of tHO (2) j'c<ln. frnm the ddtc of inclusion of Maryvale pl"oJ.lcrty \dthJJ\ Ili :;trict 1,(H1JHl:l1:ic::l, (Il ) ~T~;:J~I:_J.(2? l'I',!'(lPnI'l~'TN'rg AT J.1,(;OClN CAPACITY, \'/hon the totul c::"",city or the District's sewage lagoon or of the silni tar)' Se\ler UIl t !:elll 1. i 11<: , have huen committed, no furthf.!r cClnuni l me nt, or l.lIcnmmi.tlvd t:onn~'}cti()ns shall he granted by the 1>1!; tr i ct. (9) ~:J~!~~. ~!~~'-' ~ l.t ~_ ~~~_ LE1\f, ).: , .If, for any' reuson, in- r'" (;hltlin~ tho 1,(,t,,'nUill illl: IlW i un of the District within an areu- ,- l/ j.1 :.! l r C:cllll\~n t J.,I'iIit:,- sy!;t:em, the District v1ishcs to cancel the 1.. '.l~jC, th~ .sellin: J:I.tY be llulH.l upon one year's notice in \o/riting to " ik;li!: ColleC/,'. C"I.,'-,,11;, Ii nn !:h..ll \'0 cffc:ctive 0110 (1) y~.,r from 1 II'.' d.. II: II [ . I 1"_' i."'. ('..n(;:'1 l.ll'.ion of the Lease, hO\-1QVC1", ~. I I I.. : .1... II 11<.ll. "f I ,-,,'l ," I": <<, t I., '1' ,I q r I t '1.\i.~ Jl t or umlcrnt.lOding bct\-1can t.h':l r IIl::l,.jr:1 _In;! )'. . Ii.: . . - , ." -,1-, .. , ýÿ . . _- t \ , ' ~/;::.. - . ... r- (!l) (=I\::!(T!..~!~~' !~lrl._..(!!.~:;\~m, If, {or any reason, in- (:llldjnrj lilt! Jl'JII'!lt La! jJ1t:!ll~:ion (If the Dil'ltrict \lithin lln C1rca- ~ \....i.1i! Ln.!..!lm'!II: f..e i 1 i I:y :;y!:tcm, tile! District \"i~hCS. to c.:m~cl tho I ' l.!:"se, the ~ClrnU m;l)" be donI.! u;>on one year's not1ce 1.n ~/r i tl.ntJ to Regis CollegE.!, C,lnc;cll.,tioll :;h.lll-be'~ef{ectiva one (1) ~'c.:\r from ---- I i the date of salu notice, Cancelliltion of the Lea!i~eVcr, , ~ tlll.d.l not ..11 c.:~t ,IllY oLhe:i. "(IL-,!.::rnent or understcmding be~\;c.:%'~~ .. , D".d 1 . j I :l.str1ct un ~c.:gln, j , f t (10) ~_~!.!.!2:".!'O:-;~ir:~f.roN, Regis. shall \-.'arrant and defend ; I District in the cnjoyrndnt Clnd pedceful possession of the premises . i r" c111r in;J the to:!:m clfOl-cuaid ZlIld all terms, conditions, and covenants . to be observccl and u~r formed by the pilrties hereto, shall be apnlic- I able to csnd Lindinf] upc.n th(:ir successors or assigns. I . j I:~ \"11 'l':H~:;~; ~!I!f:I:I:<W, the parties heret 0 have hereunder ( subscribed their si9niltures, effcctive the day and year first , ' i1!~OVC \:rit";:.C:l, . U~;':;lll~ LESSEE ':'., . 1. .,/t ." ," ,'J ..../. i:!:G1S COl..Lr;c.:.r. GR1\~!D COUNTY \'lATER M!D / SANITATION DISTRICT NO. 1 / I, --"- . .. , I / . " / '''22:1d:!J.-D "Y, , .: " ,---:" BY R ~"7'''n .;.:: ";,::,:.:/,'/' .,/.~ U '1~~ '"' ,. .' / . I' f Nj"i'f:S'r . ~.:(-/"y':~;/ / Ck?- ~~ ..;/' ff" / ../ . ..__., 7 .' . 1/' \.- .- \ . ",. c::- / )..., .- ..~.-:, ~..,.... ! .::::r..-::::r -l...:.-.-i- -!:.J.:..-'"J /;.:'...~&:'..!L":..i "t' I ..// . .{, ~ " r - 0'. .. -~... -- - . _. . . -. . . , - EXHIBIT C ýÿ .. . , . ....~---......... . . . .. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO Case No. 82CW418 ORDER, JUDGMENT AND DECREE OF THE COURT CONCERNING THE APPLICATION FOR WATER RIGHTS OF REGIS-MARYVALE, INC. IN GRAND COUNTY The Court having considered the pleadings and evidence, and being fully advised in the premises, does hereby find and conclude: 1. The Application herein was filed with the Clerk of the Water Court on December 30, 1982, and was referred to the Water Referee by the W~ter Judge. 2. On or about February 28, 1983, a Statement of opposition was filed by the City and County of Denver. No other statements of opposition, entries of appearance or petitions to intervene have been filed herein and the time for filing any of said pleadings has expired. 3. Following the filing of the above-described Statement of Opposition, the Water Referee, having determined not to make a ruling as provided byC.R.S. S 37-92-303(1), re- ,referred this matter to the Water Judge in accordance with C.R.S. S 37-92-303(2) on March 29, 1983. 4. The Objector City and County of Denver has consented to entry of this decree. 5 , The Court has jurisdiction over the subject ,matter of the Application and over all parties affected thereby, whether they have appeared or not. . 6 . The statements in the Application are true. The Applicant has initiated the subject conditional water right in accordance with Colorado law. 7. The name of the structure is Regis-Maryvale Sewage Effluent Pipeline and Ditch. 047/acc/14043-001/T4501-001 7-MAY-86 . . . . , . . 8. The name and address of the claimant is Regis-Maryvale, I nc . , 5232 N. Lowe 11 Blvd., Denver, Colorado, 80221. 9. The source of water for the water right is the Grand county Water and sanitation District No. 1 Sewage Treatment Plant Effluent, tributary to the Fraser River. For administration purposes, the water right shall be treated as .diverting directly from the Fraser River at the point where said sewage treatment plant effluent presently discharges to the Fraser River. 10. The legal description of the point of diversion is: The point of diversion is located on the left bank of the Fraser River, whence the South 1/4 corner of Section 20, Township 1 South, Range 25 West, of the 6th P.M., bears South 13 degrees 15 minutes West a distance of 1,330 feet; Grand County, Colorado. 11. The use of the water is irrigation of a golf course located on a portion of the following described real property: Township 1 South, Ranqe 75 West, 6th P. M. , Grand County, Colorado. Section 20: S/2SE/4. Section 21: S/2SW/4. Section 28: SW/4NW/4 and NW/4SW/4. Section 29: N/2NE/4 and SE/4NE/4. 12. The date of initiation of the appropriation is December 15, 1982. 13. The amount of water claimed is 3.0 cfs, conditional. 14. The structure has not been completed and the water has not been diverted and applied to beneficial use. NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS: 15. The findings of fact and conclusions pf law set out above are incorporated by reference and made a part of this Order, Judgment and Decree. 16. The Applicant Regis-Maryvale, Inc. has initiated an appropriation pursuant to Colorado law and is entitled to a -2- ., .. . . . . conditional decree therefor as described in the findings of fact and conclusions of law set out above. 17. Pursuant to C.R.S. S 37-92-306, the priority ,awarded to the conditional water right hereunder shall be administered as having been filed in the year 1982; and shall be junior to all water rights or conditional water rights awarded on applications filed in any previous calendar year. As between all rights, filed in the same calendar year, the priority shall be 'determined by historical dates of appropriation and not affected by the date of entry of decree. 18, The conditional water right adjudicated herein is hereby continued in full force and effect until :J0ne 1990, An application for a quadrennial finding of reasonable di~lqence shall be filed in -:\Vl'\~ of 1990 and in 0^e- of every fourth calendar year thereafter so long as the claimant desires to maintain this conditional water right or until a determination has been made that this conditional water right has become an absolute water right by reason of the completion of the appropriation. 19. This Order, Judgment and Decree shall be filed with the Water Clerk and shall become effective upon such filing, subject to judicial review pursuant to C.R.S. S 37-92-304(9). 20. A copy of this Order, Judgment and Decree shall be filed with the appropriate Division Engineer and the State Engineer. DATED ---1'011~ 2-::, -- , 1986, BY THE COURT: Copy of the forogolng mailed to all Coun5el of record ..... Water Referee -OiY. Enginee~nd tj ?t State Englneerr Date J' ~ I . ~ bt-A~ MAt ~ // Jud e puly Chtrk:%II,,, I)tv, ~ 5 g I ~?U;"'r &jU/' ~ &..(;Y;/r/L ./1/1"1 U I -3- . oJ ~ . . , . ~ APPROVED AS TO FORM AND CONTENT: ---- ~~ ('~~elker, 82~ City and County of Denver ,acting by and through its Board of Water Commissioners 1600 W. 12th Avenue Denver, Colorado 80254 DAVIS, GRAHAM & STUBBS By ~:;t V. L~ Robert V. Trout, #7190 Suite 4700 370 Seventeenth Street P. O. Box 185 Denver, Colorado 80201-0185 Telephone: (303) 892-9400 Attorneys for Regis-Maryvale, Inc. -4- \ ýÿ