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HomeMy Public PortalAboutTBP 1998-05-20 . . 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 REGULAR MEETING MAY 20, 1998 FRASER TOWN HALL 1. Roll Call 2. Approval of 5/6/98 minutes . . 3. Open Forum , ' 4. Public Hearings '. a) Village at Winter Park Ranch, PUD vacation b) Cactus Needle, burn request ," 5. Action Items Ordinance t4~. an Ordinance approving an amended ann~xatioti. a) agreement for the "Safeway Property." b) Ordinance .2dL an Ordinance approving an amended annexation agreement fOi the "HookerProperty." . c) Ordinance !:...lL an Ordinance amending Ordinances 107 and 201, to revoke thePUD Special Use Permit, PUD Plan, and subdivision exemption for the "Safeway Property." d) Ordinance .2dL an Ordinance amending Ordinances 107 and 201, to revoke the PUD Special Use Permit, PUD Plan, and subdivision exemption for the "Hooker Property." e) Final Development Plan Plat, Safeway - Fraser Market Place t) Final Development Plan Plat, Byers View Townhomes, Minor Subdivision g) Final Development Plan Plat, Alpine Vista Townhomes #1. Minor Subdivision h) Bum Permit: former Cactus Needle 6. Discussion Items c..\ 0..'1-\-JVl 7. Staff Choice ~ (;?C..I,.)?~ L v:la,t. ~ ~ 8. Board Choice te,~~ ,+#Jf.i<< ' ýÿ . . ~\'vO\~tJ 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 Oops! These should have been included in the packet: a) the bum plan for the former Cactus Needle; b) an Ordinance mending the annexation agreement that accompanied the annexation of the Village at Winter Park Ranch and its PUD; c) the amended annexation agreement; d} an Ordinance amending Ordinances 107 and 201 which provided and then modified, a Special Use permit for the Village at Winter Park Ranch PUD; and e) a.revised agenda: Please call Cheryl to RSVP for the.meeting With Grand County Water & Sanitation District. 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 Manager's Briefing, 5/13/98 Wednesday night's meeting begins at 6:00 with Grand County Water Sanitation District No. 1 - the meeting is at the Winter Park Town Hall. Please RSVP. Enclosed is a copy of the minimum stream flow report done by their engineer and a memo reflecting Carl Houck's thoughts on the report. Mr. Houck is an engineer with Carollo Engineers (he used to be . with Camp, Dresser, McKee). Unfortunately, he was unable, to draft a written report in time fo~ the meeting. He is, , however, able to attend the workshop with GCWSD. Please read the memo and let me know if . y()u would like Carl at the meeting or of you would like to meet with Carl prior to'the . . meeting or neither. I also provided my thoughts about the report and the situation. . During the meeting,.we have two public hearings (SafeWayand a bum. permit requeSt for the- '_ fOlmerCactus Needle) and four action items. It lookS straightforward. If its not (i.e. if the Planning Commission~s conditions aren't met by Friday) agenda items will be pulled .~- Call to RSVP and to provide direction. Have a good weekend. . . 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 REGULAR MEETING MAY 20, 1998 FRASER TOWN HALL 1. Roll Call 2. Approval of 5/6/98 minutes 3. Open Forum 4. Public Hearings . . a) Village at Winter Park Ranch, PUD vacation b) Cactus Needle, bum request 5. Action Items ~ ~v 4t 141.'1 1f n /'a) Final Development Plan Plat, Safeway - Fraser ~et Place L b) Ordinance ~ an Ordinance approving an amended anneXatio~ ~ agreement for the "Safeway property." Ord lip \holJi~~ AA in 0 c) Ordinance ~ an Ordinance amending Ordinance 107, to revoke the PUD Special Use Permit, PUD Plan, and subdivi~ion )1 \ exemption for the "Safeway Property." -0 f{"d .4n 4bo~ \YIo\>U~ - v W d) Final Development Plan Plat, Byers View Towrlbomes, Minor . Subdivision e) Final Development Plan Plat, Alpine Vista Townhomes #1. Minor Subdivision t) Bum Permit: former Cactus Needle 6. Discussion Items ~ I... e. )e'\""" " ~ G(c.lAY1 0 7. StaffChOice~~ 01l - W" - I.la.l ~ F\i~~i c Q A~~, 8. Board Choice 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 " TO: FROM: Catherine Trotter DATE: 5/16/98 . RE: SAFEW A Y - Fraser Marke ce Final Development Plat & Development Permit #50 Conditional approval from Planning Commission. 1. The final certificate of occupancy for the Safeway building shall be conditional upon FEMA approving the map revision. (Safeway has submitted a request to FEMA for a flood plain map revision.) 2. Safeway shall escrow $50,000.00 tQwards the construction of a secondary acCess, 3. The subdivision improvement agreement and the development permit . construction guarantee need to be finalized prior to final plat approval by the FraSer Town Board . . -- , 4. The existing P.U.D. for the Village at Winter Park Ranch shall be vacated prior to final plat approval by the Fraser Town Board. 5. The Declarations of Easements with Convenants and Restrictions Affecting Land shall be finalized prior to final plat approval by the Fraser Town Board. 6. The revised drainage plan needs to be submitted and approved by the Town Engineer. The revised plan shall include a second detention pond to detain the drainage from Retail A and the Safeway roof. Both on-site detention ponds shall be lined with a flexible membrane liner. The release rate of the. combination of the two detention ponds shall not exceed the overall release rate of the entire site as calculated from a pre-development condition. 7. Warranty deed for lot 5 needs to be finalized. ýÿ . . EAST GRAND FIRE PROTECTION DISTRICT NO.4 BOARD MEMBERS P.O. Box 2967 Bob Dart Rich Holzwarth Winter Park, Colorado 80482 Jim Holahan (970) 726-5824 · Fax (970) 726-5938 Kris Holinka Steven Paulk Date: ~127. 1998 To: Town of Fraser From: Todd Holzwarth, Chief 4' ,- Subject: Cactus Needle training and demolitiOn bum "j':. . '-.. . .', ... . '.< .:,r", . . ..r . '. The bum plan for theC~ Needle building will invOlVe~ phases. ,,'" ,; .' ",': , . ",.i.,;. " . . ". ..' ",.. The first phase will.be the lighting and ~6(inlepo;~'Over a period oftWP to ~ hours. This will genemte mq4erate amounts of sIllOke an:(i steamwhi1~bOse"~::~4vance on, 'and kn~ down, fires. ",' .,'i~"'" ......:c. - ',;',".',-- .,:. .(<;i.,!f,>i\~'':". .' .'" The next phase will ,be letting the building become.tul1yinvoJyed With.l'ife: :'NOiltte~~,~ ~ made to put the fire out, h~ever ~ lines and master. stteamswi1fbe~to control fire growth~dpr~~ exposures. Lat'ge amounts of smoke willattimes ~produced a$'llJaterial warms up bptwe ~ try to keep the fire as hot as, possible to have as completecombli$tion as possible. I would estimate'this PJlase would take one hour. - ~''':'' '~~'::f,:,~;'>;~:,!>,\.-i-> ':'::~~" ...:'~: .'.:: The last phase will begro 'Yiten the building is':otitb~~~:~~ l~r. or bulld~~;:PIOri~ by the owner can work the debri~into a pile and let itlini~bumin,~_'fhispbase couldIast for a IlUinber of hours and produce varyirig amoiults of smoke.' . Once thepi1e.isbufnedo~ and cooled ~wn (he-owner would be responsible for hauling it oft and re~ing'ofthe site:" . . .' ,- ~.-' . - The fire department win establish a tanker sh~tile using an~pp;opriate fire hYdrant and set up drop tanks at the bum site. We would fi1l'the tanks and send the tankers bac,k to be refi11eq before starting any training fires. We would maintain ourp.-esence until the pile was pushed upanifihen the whole site would be turned over to the owner and contractor. '. " "" , Thank you, - .::?"" ,? ~ _....~. .:::-.-.-( . -;/" " .v-,. ... ~/ ~.u.._._:r Todd HOIzw~. fuFPD#4 , . . . , . BAKER, CAZIER AND McGOWAN Q//~~ ~~r.4 OF PROFESSIONAL CORPORATIONS 62495 U$- HIGHWAY 40 EAST BOX 500 JOHN L. BAKER. P.C. GRANBY. COLORADO 80446 STANLEY W. CAZIER. P.C. TELEPHONE (970) 887.3376 RODNEY R. McGOWAN. P.C. FAX (970) 887.9430 Rod McGowan . mcgowalU'@rkymtabl.com May 14, 1998 Ms. Linda MacDonald, Senior Attorney Safeway Inc. Real Estate Law Division 5918 Stoneridge Mall Road SENT BY FEDERAL EXPRESS Pleasanton, CA 94588 AIRBILL NO. 4594392423 Re: Safeway-Fraser Marketplace Dear Linda: Please find enclosed the proposed Amended Annexation Agreement for the Safeway Property, which provides for the vacation of the existing PUD and which will replace the prior Agreement between the Town and Winter Park Ranch, Inc. Please feel free to contact me if you have any questions or concerns relating to this Agreement. Otherwise, if the Agreement is acceptable, I would appreciate it if you would arrange to obtain the required signatures on behalf of Safeway as soon as possible. Weare hoping to conclude the Agreement by next Wednesday, May 20, 1998, when the continued public hearing on the PUD vacation and Safeway's subdivision plat and business development plan are scheduled for consideration before the Board of Trustees. Also, Chuck Reid and I have now had the opportunity to review and discuss the provisions of the proposed Declaration of Easements with Covenants and Restrictions Affecting Land, which you previously submitted. We have just a few suggestions for minor changes in the Declaration, as follows: (1) Since some residential development is contemplated on Lot 3, Section 4.1.1 should be modified to allow for such residential use. Similarly, the provisions of Section 4:3.1 should be clarified, to confirm that long term parking is permitted with respect to the residential component of the development. (2) The restrictions in Section 6.2.1 also appear to conflict with the development plans for Lot 3. That Section limits Lot 3 to I-story construction not exceeding 24 feet in height, but I understand that 2-story structures, which will exceed such height limit, are c: \WP\L8Tl'ERS\LIMC8514. WPD < . . , Ms. Linda MacDonald May 14, 1998 Page 2 contemplated on this property. Please modify this provision to conform with the development plans. (3) The fInal development plan for the property should be substituted for the preliminary plan attached to the Declaration as Exhibit 1. Again, please do not hesitate to contact me if you have any questions regarding these proposed changes. Very truly your , ~ RodneyR. McGowan, P.C. RRM:sw Enel. Copy Sent by Fax to Fax No. (510) 467-3224. pc: Mr. Chuck Reid , . . , AMENDED ANNEXATION AGREEMENT FOR THE SAFEWAY PROPERTY May 20, 1998 THIS AGREEMENT is between SAFEW A Y INC., a Delaware corporation ("Safeway"), and THE TOWN OF FRASER, COLORADO, acting by and through its Boa of Trustees ("Fraser"). ARTICLE 1.0 - RECITALS 1.1 On or about March 24, 1982, the Fraser Board of Trustees adopted Ordinance o. 107, providing for the annexation, zoning and approval of a PUD Plan and PUD Special U e Permit for the property commonly known as the Village at Winter Park Ranch, as more particularly described in the PUD Special Use Permit recorded March 26, 1982 at Receptio No. 192220 of the records inthe office of the Clerk and Recorder of Grand County, Color do. The PUD Plan for said property consisted of an Agreement between Fraser and the then 0 of said property, Winter Park Ranch, Inc., a Colorado corporation, a copy of which is attached to said PUD Special Use Permit. Such Agreement was later modified by the Modification Agreement recorded on November 5, 1993 at Reception No. 930112556f sai records in the office of the Clerk and Recorder of Grand County, Colorado. The said Agreement, as modified, is herein sometimes referred to as the "Prior Annexation Agreement" . ýÿ . . 1.2 Safeway is the current fee owner of that portion of said Village at Winter Park Ranch property described on Exhibit "A" attached hereto and incorporated herein by this reference (herein referred to as the "Safeway Property"). 1.3 Safeway has succeeded to all right, title and interest of Winter Park Ranch, Inc. and all subsequent owners in and to the Safeway Property and to all rights, privileges and obligations of Winter Park Ranch, Inc. and said subsequent owners under said Prior Annexation Agreement and the PUD Special Use Permit with respect to the Safeway Property. 1.4 Safeway and Fraser have agreed to further amend the Prior Annexation Agreement, to provide for the termination, release and revocation of the PUD Plan, .the PUD Special Use Permit and certain other land use provisions relating to the Safeway Property and to confrrm certain other agreements and understandings concerning said Safeway Property ,all as more particularly provided herein below. NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements set forth herein, Safeway and Fraser agree as follows: ARTICLE 2.0 - REVOCATION AND RELEASE OF PUD PLAN AND PERMIT AND SUBDIVISION EXEMPTION U This Agreement shall become effective upon approval by the Fraser Board of Trustees and execution hereof by both parties. Upon taking effect, the provisions of this Agreement shall supercede and replace all provisions of the Prior Annexation Agreement, as they relate to the Safeway Property, except as otherwise expressly provided herein. Safeway -2- ýÿ . . and Fraser hereby agree to release and hold each other harmless from and against all claims and liabilities arising under said Prior Annexation Agreement as to all transactions and events transpiring prior to the effective date of this Agreement. 2.2 The parties agree that the provisions of the Prior Annexation Agreement and the PUD Special Use Permit and PUD Plan relating to the use and development of the Safeway Property shall no longer apply, and all development rights provided under such Agreement, Permit and Plan shall be and are hereby terminated. Safeway agrees that the PUD Special Use Permit and the PUD Plan specified therein for the Safeway Property shall be revoked and rescinded; and the subdivision exemption for the Safeway Property provided in Ordinance No. 107 and Resolution No. 1982-3-1 of the Fraser Board of Trustees shall likewise be revoked and rescinded. Fraser has or shall initiate proceedings ii1 accordance with its ordinances and State statutes to amend Ordinance No. 107 and revoke said PUD Special Use Permit and PUD Plan, and to revoke and rescind said subdivision exemption provided in Ordinance No. 107 and Resolution No. 1982-3-1 with respect to the Safeway Property, and shall complete such proceedings as soon as possible. If such proceedings are not concluded and fmal action is not taken to revoke said PUD Special Use Permit, PUD Plan and subdivision exemption on or before December 31, 1998, then either party may elect to cancel this Agreement by written notice to the other party. 2.3 Upon completion of the proceedings to revoke the PUD Special Use Permit, PUD Plan and subdivision exemption, as provided in Section 2.2 hereof, the use and development of the Safeway Property shall thereafter be governed by Fraser's zoning and subdivision -3- ýÿ . . regulations, as they now exist or may be hereafter amended. The Safeway Property is currently zoned "B - Business", and the regulations applicable to that zoning district shall apply unless and until the property is rezoned. Further, Safeway and its successors in interest shall be required to comply with all other ordinances and regulations of Fraser, including without limitation, building codes and air quality regulations, as they now exist or may be hereafter amended. 2.4 The revocation of the PUD Special Use Permit, PUD Plan and subdivision exemption previously approved by Ordinance No. 107 and Resolution No. 1982-3-1, shall not be deemed to defeat or nullify the other provisions of said Ordinance No. 107, including those providing for the annexation and zoning of the Safeway Property, nor shall such revocation defeat or nullify any actions previously taken pursuant to or in reliance on thenPrior Annexation Agreement, including without limitation the grant of the easement for the Fraser River Trail that was made pursuant to the provisions of the Modification Agreement referred to in Section 1.1 above. 2.5 Pursuant to the Prior Annexation Agreement, Winter Park Ranch, Inc. caused certain Master Covenants to be recorded at Book 309 at Pages 140-146 (Reception No. 192620) of the Grand County real estate records. Safeway has the authority to amend said Master Covenants and will do so to terminate said Master Covenants with respect to the Safeway Property. Such amendment shall be executed on or before the date Fraser takes final action to revoke the PUD Special Use Permit, PUD Plan and subdivision exemption, as provided in Section 2.2 hereof. -4- ýÿ . . ARTICLE 3.0 - MUNICIPAL SERVICES 3.1 The Safeway Property is currently a part of the Winter Park West Water and Sanitation District, and it is agreed that Safeway shall obtain water and sewer service for the Property from such District. 3.2 Fraser shall have no obligation to provide either water or sewer service to the Safeway Property; and Safeway waives any right to disconnect from Fraser pursuant to C.R.S. ~31-12-119 based on Fraser's failure to provide such services. 3.3 Except as otherwise provided for in this Article 3.0, Fraser agrees to provide the Safeway Property such other municipal services currently provided within the Town and on the terms and conditions on which such services are provided to any other property within the town. ARTICLE 4.0 - PARK DEDICATION 4.1 Safeway has agreed to dedicate or deed a portion of the Safeway Property to Fraser for park and open space purposes. It is agreed that Safeway will convey fee title to such land to Fraser, free of encumbrances, by executing and delivering a good and sufficient Warranty Deed to Fraser. The land to be conveyed is depicted as Lot 5 on the proposed subdivision plat of the Safeway - Fraser Marketplace now pending approval by the Town. The Deed of conveyance shall be delivered by Safeway within Six (6) months after approval of the subdivision plat dividing such property from the remainder of the Safeway Property. -5- . . 4.2 Fraser agrees that the land conveyed pursuant to Section 4.1 shall be credited to the park dedication requirements applicable to any subdivision of the Safeway Property. ARTICLE 5.0 - MISCELLANEOUS 5.1 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 successors and assigns of the parties hereto. 5.2 Time is of the essence hereof with respect to the performance of each party's obligations hereunder. In the event of any default in the performance of any such obligations, the non-defaulting party shall have the right to enforce this Agreement by an action for specific performance, injunction or damages, or such combination thereof as may be appropriate, and the prevailing party in any such action shall be entitled to an award of its costs and expenses, including reasonable attorney fees. The parties agree, however, that a default in the performance of any obligation hereunder shall not be grounds for rescission of this Agreement. 5.3 This instrument and the adopting ordinance of Fraser embodies the whole agreement of the parties with respect to the subject matter hereof. 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 and resolutions approving the subdivision plat and development plan for the proposed Safeway - -6- ýÿ . . Fraser Marketplace will contain additional matters pertinent to the development of the Safeway Property. Therefore, this Agreement must be interpreted and applied in a manner consistent with such ordinances and resolutions. 5.4 Any notice required or permitted under this Agreement will be deemed to be received when delivered personally in writing or Three (3) days after notice has been deposited with the U.S. Postal Service, postage prepaid, certified and return receipt requested, and addressed as follows: 5.4.1 If to Safeway: Safeway Inc. 6900 South Yosemite Englewood, CO 80112-1412 With a copy to: Safeway Inc. Real Estate Law Division 5918 Stoneridge Mall Road Pleasanton, CA 94588 5.4.2 If to Fraser: Town of Fraser 153 Fraser Avenue 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. 5.5 The fact that any portion of this Agreement may be held to be unenforceable shall not affect the enforceability of the remaining portions thereof. -7- ýÿ . . 5.6 This Agreement cannot be modified or revoked except by an instrument in writing signed by Fraser and Safeway or the then owner of the Safeway Property or that portion thereof as to which the modification or revocation relates. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures. SAFEWAY SAFEW A Y INC., a Delaware corporation BY: Title: BY: Title: (CORPORATE SEAL) STATE OF ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 1998, by , as , and , as , of SAFEWAY INC., a Delaware corporation. Witness my hand and official seal. My commission expires: (SEAL) Notary Public -8- ýÿ . . FRASER TOWN OF FRASER, a municipal corporation of the State of Colorado BY: Mayor ATTEST: Town Clerk (SEAL) STATE OF COLORADO) ) SS COUNTY OF GRAND ) The foregoing instrument was acknowledged before me this _ day of , 1998, by Jeff Johnston, as Mayor, and Virginia Winter, as Town Clerk, of The Town of Fraser, Colorado, acting by and through its Board of Trustees. Witness my hand and official seal. My commission expires: (SEAL) Notary Public -9- c: \WP\FRASER\Safeway\98 Agreement. wpd . . . EXHmIT A PROPERTY DESCRIPTION - SAFEW A Y PROPERTY A PARCEL OF REAL PROPERTY SITUATED IN PART OF SECTION 20, TOWNSHIP 1 SOUTH, . RANGE 75 WEST OF THE 6TH P.M., GRAND COUNTY, COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF THE NWl/4 OF THE SWl/4 OF SAID SECTION 20; THENCE S58026'15"E. ALONG THE WESTERLY BOUNDARY OF BLOCK 1 REPLAT OF WINTER PARK RANCH, SECOND FILING, A DISTANCE OF 1343.00 FEET; THENCE N31033'45"E. CONTINUING ALONG SAID WESTERLY BOUNDARY, A DISTANCE OF 214.09 FEET; THENCE S58026'15"E. CONTINUING ALONG SAID BOUNDARY A DISTANCE OF 1517.80 FEET TO A POINT ON THE SOUTH LINE OF THE NWl/4 OF THE SEl/4 OF SAID SECTION 20; THENCE S89045'01 "W ALONG SAID SOUTH LINE AND SAID SOUTH LINE EXTENDED WESTERLY. A DISTANCE OF 1349.61 FEET; THENCE N66016'OQ"W A DISTANCE OF 499.16 FEET; THENCE S89045'OQ"W A DISTANCE OF 417.50 FEET TO A POINT ON THE NORTH EASTERLY RIGHT-OF-WAY LINE FOR US 40; THENCE ALONG SAID NORTH-EASTERLY RIGHT-OF-WAY THE FOLLOWING FNE (5) COURSES: (1) N66006'OQ"W A DISTANCE OF 523.43 FEET TO A POINT OF CURVE; (2) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS N57043'oo"W A DISTANCE OF 719.03 FEET. SAID CURVE HAVING A RADIUS OF 2465.80 FEET, A CENTRAL ANGLE OF 16046'00" AND AN ARC LENGTH OF 721.60 FEET TO A POINT OF TANGENT; (3) THENCE N49020'oo"W ALONG SAID TANGENT A DISTANCE OF 219.83 FEET; (4) THENCE N46032'57"W A DISTANCE OF 300.50 FEET; (5) THENCE NOoo15'56"E A DISTANCE OF 123.77 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF COUNTY ROAD 804; THENCE ALONG THE EASTERLY AND SOUTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 804 THE FOLLOWING THIRTEEN (13) COURSES: (1) N35034'47"W A DISTANCE OF 170.60 FEET TO A POINT OF CURVE; (2) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS NOl 025'54"W A DISTANCE OF 274.03 FEET, SAID CURVE HAVING A RADIUS OF 550.00 FEET, A CENTRAL ANGLE OF 28051'02" AND AN ARC LENGTH OF 276.94 FEET TO A POINT OF COMPOUND CURVE; (3) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS NI5017'06"E A DISTANCE OF 44.80 FEET, SAID CURVE HAVING A RADIUS OF 393.00 FEET, A CENTRAL ANGLE OF 6032'06" AND AN ARC LENGTH OF 44.82 FEET TO A POINT OF COMPOUND CURVE; (4) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS N38023'05"E A DISTANCE OF 274.05 FEET, SAID CURVE HAVING A RADIUS OF 423.90 FEET, A CENTRAL ANGLE OF 37043'08" AND AN ARC LENGTH OF 279.06 FEET, TO A POINT OF TANGENT; (5) THENCE N5rI4'39"E, ALONG SAID TANGENT, A DISTANCE OF 21.61 FEET TO A POINT OF CURVE; (6) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS N63024'24"E A DISTANCE OF 103.90 FEET; SAID CURVE HAVING A RADIUS OF 483.94 FEET. A CENTRAL ANGLE OF 12019'29" AND AN ARC LENGTH OF 104.10 FEET TO A POINT OF COMPOUND CURVE; (7) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS S81 024'05"E A DISTANCE -10- ýÿ . -l . . TOWN OF FRASER ORDINANCE NO. AN ORDINANCE APPROVING AN AMENDED ANNEXATION AGREEMENT FOR THE SAFEWAY PROPERTY. WHEREAS, the Board of Trustees of the Town of Fraser, Colorado, by Ordinance No. 99, heretofore entered into an Agreement (the "Prior Annexation Agreement") with Winter Park Ranch, Inc. , a Colorado corporation, relating to the property commonly known as the Village at winter Park Ranch located in the Town of Fraser, County of Grand, State of Colorado, a copy of which is attached to the PUD Special Use Permit recorded March 26, 1982 at Reception No. 192220 of the records in the office of the Clerk and Recorder of Grand County, Colorado, as modified by the Modification Agreement recorded on November 5, 1993 at Reception No. 93011255 of said records in the office of the Clerk and Recorder of Grand County, Colorado; and WHEREAS, Safeway Inc., a Delaware corporation ("Safeway"), is the current fee owner of a substantial portion of said Village at Winter Park Ranch property, as described on Exhibit "A" attached hereto and incorporated herein by this reference (herein referred to as the "Safeway Property"), and it has succeeded to all rights, privileges and obligations of Winter Park Ranch, Inc. and all subsequent owners under said Prior Annexation Agreement with respect to the Safeway Property; and WHEREAS, the Board of Trustees and Safeway wish to enter into an Amended Annexation Agreement for the Safeway Property, to confirm certain terms and conditions relating to the future use and development of said Safeway Property; and WHEREAS, upon becoming effective, said Amended Annexation Agreement for the Safeway Property will supercede and replace the Prior Annexation Agreement as it relates to said Safeway Property. 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 Annexation Agreement for the Safeway Property, dated May 20, 1998, between Safeway and the Town of ýÿ . . . . Fraser, 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 Annexation Agreement for the Safeway 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- ýÿ , , . . EXHIBIT A PROPERTY DESCRIPTION - SAFEW A Y PROPERTY A PARCEL OF REAL PROPERTY SITUATED IN PART OF SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M., GRAND COUNTY, COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF THE NWl/4 OF THE'SWl/4 OF SAID SECTION 20; THENCE S58026'15"E, ALONG THE WESTERLY BOUNDARY OF BLOCK 1 REPLAT OF WINTER PARK RANCH, SECOND FILING, A DISTANCE OF 1343.00 FEET; THENCE N31033'45"E, CONTINUING ALONG SAID WESTERLY BOUNDARY, A DISTANCE OF 214.09 FEET; THENCE S58026'15"E, CONTINUING ALONG SAID BOUNDARY A DISTANCE OF 1517.80 FEET TO A POINT ON THE SOUTH LINE OF THE NWl/4 OF THE SEl/4 OF SAID SECTION 20; THENCE S89045'01 "W ALONG SAID SOUTH LINE AND SAID SOUTH LINE EXTENDED WESTERLY, A DISTANCE OF 1349.61 FEET; THENCE N66016'OO"W A DISTANCE OF 499.16 FEET; THENCE S89045'OO"W A DISTANCE OF 417.50 FEET TO A POINT ON THE NORTH EASTERLY RIGHT-OF-WAY LINE FOR US 40; THENCE ALONG SAID NORTH-EASTERLY RIGHT-OF-WAY THE FOLLOWING FIVE (5) COURSES: (1) N66006'oo"W A DISTANCE OF 523.43 FEET TO A POINT OF CURVE; (2) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS N57043'OO"W A DISTANCE OF 719.03 FEET, SAID CURVE HAVING A RADIUS OF 2465.80 FEET, A CENTRAL ANGLE OF 16046'00" AND AN ARC LENGTH OF 721.60 FEET TO A POINT OF TANGENT; (3) THENCE N49020'oo"W ALONG SAID TANGENT A DISTANCE OF 219.83 FEET; (4) THENCE N46032'57"W A DISTANCE OF 300.50 FEET; (5) THENCE Nooo15'56"E A DISTANCE OF 123.77 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF COUNTY ROAD 804; THENCE ALONG THE EASTERLY AND SOUTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 804 THE FOLLOWING THIRTEEN (13) COURSES: (1) N35034'47"W A DISTANCE OF 170.60 FEET TO A POINT OF CURVE; (2) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS NOl 025'54"W A DISTANCE OF 274.03 FEET, SAID CURVE HAVING A RADIUS OF 550.00 FEET, A CENTRAL ANGLE OF 28051 '02" AND AN ARC LENGTH OF 276.94 FEET TO A POINT OF COMPOUND CURVE; (3) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS NI5017'06"E A DISTANCE OF 44.80 FEET, SAID CURVE HAVING A RADIUS OF 393.00 FEET, A CENTRAL ANGLE OF 6032'06" AND AN ARC LENGTH OF 44.82 FEET TO A POINT OF COMPOUND CURVE; (4) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS N38023'05"E A DISTANCE OF 274.05 FEET, SAID CURVE HAVING A RADIUS OF 423.90 FEET, A CENTRAL ANGLE OF 37043'08" AND AN ARC LENGTH OF 279.06 FEET, TO A POINT OF TANGENT; (5) THENCE N57014'39"E, ALONG SAID TANGENT, A DISTANCE OF 21.61 FEET TO A POINT OF CURVE; (6) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS N63024'24"E A DISTANCE OF 103.90 FEET; SAID CURVE HAVING A RADIUS OF 483.94 FEET, A CENTRAL ANGLE OF 12019'29" AND AN ARC LENGTH OF 104.10 FEET TO A POINT OF COMPOUND CURVE; (7) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS S81 024'05"E A DISTANCE -3- ýÿ 1 . . EXHmIT A - Continued OF 190.04 FEET, SAID CURVE HAVING A RADIUS OF 195.81 FEET, A CENTRAL ANGLE OF 58003'34" AND AN ARC LENGTH OF 198.42 FEET, TO A POINT OF TANGENT; (8) THENCE S52022' 18"E, ALONG SAID TANGENT, A DISTANCE OF 76.19 FEET TO A POINT OF CURVE; (9) THENCE ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CHORD BEARS S56031 '07"E A DISTANCE OF 143.97 FEET, SAID CURVE HAVING A RADIUS OF 995.43 FEET, A CENTRAL ANGLE OF 08017'39" AND AN ARC LENGTH OF 144.10 FEET, TO A POINT OF TANGENT; (10) THENCE S60039'57"E, ALONG SAID TANGENT, A DISTANCE OF 47.01 FEET TO A POINT OF CURVE; (11) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS S53003'59"E A DISTANCE OF 91.18 FEET, SAID CURVE HAVING A RADIUS OF 344.74 FEET, A CENTRAL ANGLE OF 15011'56" AND AN ARC LENGTH OF 91.45 FEET, TO A POINT OF TANGENT; (12) THENCE S45028'OI"E, ALONG SAID TANGENT, A DISTANCE OF 120.03 FEET TO A POINT OF CURVE; AND (13) THENCE ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CHORD BEARS S53 054'Ol"E A DISTANCE OF 483.44 FEET, SAID CURVE HAVING A RADIUS OF 1648.20 FEET, A CENTRAL ANGLE OF 16052'00" AND AN ARC LENGTH OF 485.19 FEET TO A POINT OF NON TANGENT; THENCE SOoolO'lO"W A DISTANCE OF 75.70 FEET TO THE POINT OF BEGINNING, CONTAINING 64.009 ACRES (2,788,213 SQUARE FEET). -4- I . . TOWN OF FRASER ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 107 TO REVOKE THE PUD SPECIAL USE PERMIT, PUD PLAN AND SUBDIVISION EXEMPTION FOR THE SAFEWAY PROPERTY. WHEREAS, the Board of Trustees of the Town of Fraser, Colorado, by Ordinance 107, heretofore approved a ~UD Plan and the issuance of a PUD Special Use Permit for the property commonly known as The Village at Winter Park Ranch located in the Town of Fraser, County of Grand, State of Colorado, as more particularly described in the PUD Special Use Permit recorded March 26, 1982 at Reception No. 192220 of the records in the office of the Clerk and Recorder of Grand County, Colorado; and WHEREAS, said Ordinance No. 107 and Resolution No. 1982-3-1 of the Fraser Board of Trustees also provided for the grant of a subdivision exemption with respect to said property; and WHEREAS, said approved PUD Plan consists of an Agreement (the "Prior Annexation Agreement") entered into between the Town of Fraser and Winter Park Ranch, Inc. , a Colorado corporation, the former owner of said property, a copy of which is attached to the PUD Special Use Permit for the property which was issued pursuant to said Ordinance 107; and WHEREAS, said Prior Annexation Agreement and the PUD Special Use Permit were later modified by the Modification Agreement recorded on November 5, 1993 at Reception No. 93011255 of said records in the office of the Clerk and Recorder of Grand County, Colorado, which Modification Agreement was approved and authorized pursuant to Ordinance Nos. 201 and 202; and WHEREAS, Safeway Inc., a Delaware corporation ("Safeway"), is the current fee owner of a substantial portion of said Village at Winter Park Ranch property, as described on Exhibit "A" attached hereto and incorporated herein by this reference (herein referred to as the "Safeway Property"), and it has succeeded to all rights, privileges and obligations of Winter Park Ranch, Inc. and all subsequent owners under said Prior Annexation Agreement and the PUD Special Use Permit with respect to the Safeway Property; and ýÿ , . . WHEREAS, Safeway and the Town of Fraser have entered into an Amended Annexation Agreement for the Safeway Property, dated May 20, 1998, wherein Safeway has agreed that said PUD Special Use Permit, PUD Plan and subdivision exemption should be revoked and rescinded with respect to the Safeway Property, and that such Property should thereafter be governed by the zoning, subdivision and other ordinances and regulations of the Town; and WHEREAS, a public hearing on such proposed revocation of the PUD Special Use Permit and PUD Plan was called and held on May 20, 1998, in accordance with the requirements of C.R.S. 24-67-106(3)(b) and the Fraser PUD Ordinance. 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 revocation, removal and release of the PUD Special Use Permit and PUD Plan with respect to the Safeway Property, as approved herein, is consistent with the efficient development and preservation of the entire planned unit development, does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the planned unit development or the public interest, and is not granted solely to confer a special benefit upon any person. The Board of Trustees hereby further finds that said revocation, removal and release of the PUD Special Use Permit and PUD Plan with respect to the Safeway Property is in substantial conformance with the Comprehensive Plan (also sometimes known as the Master Plan) of the Town of Fraser, as amended, and is in the best interests of the citizens and residents of the Town of Fraser. Section 2. The Board of Trustees hereby approves and orders the revocation, removal and release of said PUD Special Use Permit and PUD Plan and the revocation and recission of the subdivision exemption provided in Ordinance No. 107 and Resolution No. 1982-3-1, as they relate to the Safeway Property, and said Ordinance No. 107 and Resolution No. 1982-3-1 are hereby amended to that effect. Section 3. Any provisions of Ordinance No. 107 or Resolution No. 1982-3-1 and any and all other existing ordinances -2- --- , . . and resolutions or parts of ordinances and resolutions of the . Town of Fraser which are inconsistent with the provisions of this Ordinance are hereby repealed to the extent, and only to the extent necessary to eliminate such inconsistency. Section 4. 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. 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. -3- ýÿ . . . EXHIBIT A PROPERTY DESCRIPTION - SAFEW A Y PROPERTY A PARCEL OF REAL PROPERTY SITUATED IN PART OF SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M., GRAND COUNTY, COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF THE NWl/4 OF THE SWl/4 OF SAID SECTION 20; THENCE S58026'15"E, ALONG THE WESTERLY BOUNDARY OF BLOCK 1 REPLAT OF WINTER PARK RANCH, SECOND FILING, A DISTANCE OF 1343.00 FEET; THENCE N31 033'45"E, CONTINUING ALONG SAID WESTERLY BOUNDARY, A DISTANCE OF 214.09 FEET; THENCE S58026'15"E, CONTINUING ALONG SAID BOUNDARY A DISTANCE OF 1517.80 FEET TO A POINT ON THE SOUTH LINE OF THE NW1/4 OF THE SEl/4 OF SAID SECTION 20; THENCE S89045'01 "W ALONG SAID SOUTH LINE AND SAID SOUTH LINE EXTENDED WESTERLY, A DISTANCE OF 1349.61 FEET; THENCE N66016'OO"W A DISTANCE OF 499.16 FEET; THENCE S89045'00"W A DISTANCE OF 417.50 FEET TO A POINT ON THE NORTH EASTERLY RIGHT-OF-WAY LINE FOR US 40; THENCE ALONG SAID NORTH-EASTERLY RIGHT-OF-WAY THE FOLLOWING FIVE (5) COURSES: (1) N66006'00"W A DISTANCE OF 523.43 FEET TO A POINT OF CURVE; (2) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS N57043'oo"W A DISTANCE OF 719.03 FEET, SAID CURVE HAVING A RADIUS OF 2465.80 FEET, A CENTRAL ANGLE OF 16046'00" AND AN ARC LENGTH OF 721.60 FEET TO A POINT OF TANGENT; (3) THENCE N49020'00"W ALONG SAID TANGENT A DISTANCE OF 219.83 FEET; (4) THENCE N46032'57"W A DISTANCE OF 300.50 FEET; (5) THENCE Noo015'56"E A DISTANCE OF 123.77 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF COUNTY ROAD 804; THENCE ALONG THE EASTERLY AND SOUTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 804 THE FOLLOWING THIRTEEN (13) COURSES: (1) N35034'47"W A DISTANCE OF 170.60 FEET TO A POINT OF CURVE; (2) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS N01 025'54"W A DISTANCE OF 274.03 FEET, SAID CURVE HAVING A RADIUS OF 550.00 FEET, A CENTRAL ANGLE OF 28051 '02" AND AN ARC LENGTH OF 276.94 FEET TO A POINT OF COMPOUND CURVE; (3) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS N15017'06"E A DISTANCE OF 44.80 FEET, SAID CURVE HAVING A RADIUS OF 393.00 FEET, A CENTRAL ANGLE OF 6032'06" AND AN ARC LENGTH OF 44.82 FEET TO A POINT OF COMPOUND CURVE; (4) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS N38023'05"E A DISTANCE OF 274.05 FEET, SAID CURVE HAVING A RADIUS OF 423.90 FEET, A CENTRAL ANGLE OF 37043'08" AND AN ARC LENGTH OF 279.06 FEET, TO A POINT OF TANGENT; (5) THENCE N57014'39"E, ALONG SAID TANGENT, A DISTANCE OF 21.61 FEET TO A POINT OF CURVE; (6) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS N63024'24"E A DISTANCE OF 103.90 FEET; SAID CURVE HAVING A RADIUS OF 483.94 FEET, A CENTRAL ANGLE OF 12019'29" AND AN ARC LENGTH OF 104.10 FEET TO A POINT OF COMPOUND CURVE; (7) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS S81 024'05"E A DISTANCE -4- ýÿ . . EXHIBIT A - Continued OF 190.04 FEET, SAID CURVE HAVING A RADIUS OF 195.81 FEET, A CENTRAL ANGLE OF 58003'34" AND AN ARC LENGTH OF 198.42 FEET, TO A POINT OF TANGENT; (8) THENCE S52022' 18"E, ALONG SAID TANGENT, A DISTANCE OF 76.19 FEET TO A POINT OF CURVE; (9) THENCE ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CHORD BEARS S56031 '07"E A DISTANCE OF 143.97 FEET, SAID CURVE HAVING A RADIUS OF 995.43 FEET, A CENTRAL ANGLE OF 08017'39" AND AN ARC LENGTH OF 144.10 FEET, TO A POINT OF TANGENT; (10) THENCE S60039'57"E, ALONG SAID TANGENT, A DISTANCE OF 47.01 FEET TO A POINT OF CURVE; (11) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS S53003'59"E A DISTANCE OF 91.18 FEET, SAID CURVE HAVING A RADIUS OF 344.74 FEET, A CENTRAL ANGLE OF 15011'56" AND AN ARC LENGTH OF 91.45 FEET, TO A POINT OF TANGENT; (12) THENCE S45028'01"E, ALONG SAID TANGENT, A DISTANCE OF 120.03 FEET TO A POINT OF CURVE; AND (13) THENCE ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CHORD BEARS S53054'01 "E A DISTANCE OF 483.44 FEET, SAID CURVE HAVING A RADIUS OF 1648.20 FEET, A CENTRAL ANGLE OF 16052'00" AND AN ARC LENGTH OF 485.19 FEET TO A POINT OF NON TANGENT; THENCE SooolO'lO"W A DISTANCE OF 75.70 FEET TO THE POINT OF BEGINNING, CONTAINING 64.009 ACRES (2,788,213 SQUARE FEET). -5- . It AMENDED ANNEXATION AGREEMENT FOR THE HOOKER PROPERTY May 20, 1998 THIS AGREEMENT is between HARRY V. HOOKER, JR., Trustee ("Hooker"), and THE TOWN OF FRASER, COLORADO, acting by and through its Board of Trustees ("Fraser"). ARTICLE 1.0 - RECITALS 1.1 On or about March 24, 1982, the Fraser Board of Trustees adopted Ordinance No. 107, providing for the annexation, zoning and approval of a PUD Plan and PUD Special Use Permit for the property commonly known as the Village at Winter Park Ranch, as more particularly described in the PUD Special Use Permit recorded March 26, 1982 at Reception No. 192220 of the records in the office of the Clerk and Recorder of Grand County, Colorado. The PUD Plan for said property consisted of an Agreement between Fraser and the then owner of said property, Winter Park Ranch, Inc., a Colorado corporation, a copy of which is attached to said PUD Special Use Permit. Such Agreement was later modified by the Modification Agreement recorded on November 5, 1993 at Reception No. 93011255 of said records in the office of the Clerk and Recorder of Grand County, Colorado. The said Agreement, as modified, is herein sometimes referred to as the "Prior Annexation Agreement" . 1.2 Hooker is the current fee owner of that portion of said Village at Winter Park Ranch property described on Exhibit "A" attached hereto and incorporated herein by this reference (herein referred to as the "Hooker Property"). 1.3 Hooker has succeeded to all right, title and interest of Winter Park Ranch, Inc. and all subsequent owners in and to the Hooker Property and to all rights, privileges and obligations of Winter Park Ranch, Inc. and said subsequent owners under said Prior Annexation Agreement and the PUD Special Use Permit with respect to the Hooker Property. 1.4 Hooker and Fraser have agreed to further amend the Prior Annexation Agreement, to provide for the termination, release and revocation of the PUD Plan, the PUD Special Use Permit and certain other land use provisions relating to the Hooker Property and to confirm certain other agreements and understandings concerning said Hooker Property, all as more particularly provided herein below. NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements set forth herein, Hooker and Fraser agree as follows: ARTICLE 2.0 - REVOCATION AND RELEASE OF PUD PLAN AND PERMIT AND SUBDMSION EXEMPTION ýÿ . . I I I I 2.1 This Agreement shall become effective upon approval by the Fraser Board of Trustees and execution hereof by both parties. Upon taking effect, the provisions of this I I Agreement shall supercede and replace all provisions of the Prior Annexation Agreement, as I they relate to the Hooker Property, except as otherwise expressly provided herein. Hooker and Fraser hereby agree to release and hold each other harmless from and against all claims and liabilities arising under said Prior Annexation Agreement as to all transactions and events transpiring prior to the effective date of this Agreement. 2.2 The parties agree that the provisions of the Prior Annexation Agreement and the I PUD Special Use Permit and PUD Plan relating to the use and development of the Hooker Property shall no longer apply, and all development rights provided under such Agreement, Permit and Plan shall be and are hereby terminated. Hooker agrees that the PUD Special Use Permit and the PUD Plan specified therein for the Hooker Property shall be revoked and rescinded; and the subdivision exemption for the Hooker Property provided in Ordinance No. 107 and Resolution No. 1982-3-1 of the Fraser Board of Trustees shall likewise be revoked and rescinded. Fraser has or shall initiate proceedings in accordance with its ordinances and State statutes to amend Ordinance No. 107 and revoke said PUD Special Use Permit and PUD Plan, and to revoke and rescind said subdivision exemption provided in Ordinance No. 107 and Resolution No. 1982-3-1 with respect to the Hooker Property, and shall complete such proceedings as soon as possible. If such proceedings are not concluded and final action is not taken to revoke said PUD Special Use Permit, PUD Plan and subdivision exemption on or before December 31, 1998, then either party may elect to cancel this Agreement by written notice to the other party. 2.3 Upon completion of the proceedings to revoke the PUD Special Use Permit, PUD Plan and subdivision exemption, as provided in Section 2.2 hereof, the use and development of the Hooker Property shall thereafter be governed by Fraser's zoning and subdivision regulations, as they now exist or may be hereafter amended. The Hooker Property is currently zoned liB - Business ", and the regulations applicable to that zoning district shall apply unless and until the property is rezoned. Further, Hooker and its successors in interest shall be required to comply with all other ordinances and regulations of Fraser, including without limitation, building codes and air quality regulations, as they now exist or may be hereafter amended. 2.4 The revocation of the PUD Special Use Permit, PUD Plan and subdivision exemption previously approved by Ordinance No. 107 and Resolution No. 1982-3-1, shall not be deemed to defeat or nullify the other provisions of said Ordinance No. 107, including those providing for the annexation and zoning of the Hooker Property, nor shall such revocation defeat or nullify any actions previously taken pursuant to or in reliance on the Prior Annexation Agreement. 2.5 Pursuant to the Prior Annexation Agreement, Winter Park Ranch, Inc. caused certain Master Covenants to be recorded at Book 309 at Pages 140-146 (Reception No. 192620) of the Grand County real estate records. The parties agree that said Master -2- . . Covenants shall be terminated with respect to the Hooker Property, and Hooker shall execute such documents as may be required to effectuate such termination. ARTICLE 3.0 - MUNICIPAL SERVICES 3.1 The Hooker Property is currently a part of the Winter Park West Water and Sanitation District, and it is agreed that Hooker shall obtain water and sewer service for the Property from such District, when the same are extended to the Property. 3.2 Fraser shall have no obligation to provide either water or sewer service to the Hooker Property; and Hooker waives any right to disconnect from Fraser pursuant to C.R.S. ~31-12-119 based on Fraser's failure to provide such services. 3.3 Except as otherwise provided for in this Article 3.0, Fraser agrees to provide the Hooker Property such other municipal services currently provided within the Town and on the terms and conditions on which such services are provided to any other property within the town. ARTICLE 4.0 - MISCELLANEOUS 4.1 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 successors and assigns of the parties hereto. 4.2 This instrument and the adopting ordinance of Fraser embodies the whole agreement of the parties with respect to the subject matter hereof. This Agreement shall supersede all previous communications, representations, or agreements either verbal or written between the parties hereto. 4.3 The fact that any portion of this Agreement may be held to be unenforceable shall not affect the enforceability of the remaining portions thereof. 4.4 This Agreement cannot be modified or revoked except by an instrument in writing signed by Fraser and Hooker or the then owner of the Hooker Property or that portion thereof as to which the modification or revocation relates. 4.5 This Agreement may be executed in counterparts, and upon execution of such counterparts by all parties, this Agreement shall be binding upon the parties as if each had executed a single original. Facsimiles of original signatures and of executed counterparts shall be treated as originals. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures. -3- . . HOOKER Harry V. Hooker, Jr., Trustee STATE OF ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 1998, by Harry V. Hooker, Jr., Trustee. Witness my hand and official seal. My commission expires: (SEAL) Notary Public FRASER TOWN OF FRASER, a municipal corporation of the State of Colorado BY: Mayor ATTEST: Town Clerk (SEAL) -4- . . STATE OF COLORADO) ) SS COUNTY OF GRAND ) The foregoing instrument was acknowledged before me this _ day of , 1998, by Jeff Johnston, as Mayor, and Virginia Winter, as Town Clerk, of The Town of Fraser, Colorado, acting by and through its Board of Trustees. Witness my hand and official seal. My commission expires: (SEAL) Notary Public . -5- . . EXHIBIT A PROPERTY DESCRIPTION - HOOKER PROPERTY A part of the Northeast one-quarter Southwest one-quarter (NE1I4SW1I4) of Section 20, Township 1 South, Range 75 West of the 6th P.M., described as follows: Beginning at the point where the Northerly right of way line of U.S. Highway No. 40 intersects the South line of said Northeast one-quarter Southwest one-quarter (NE1/4SW1/4) whence the South one-quarter comer of said Section 20 bears South 22018' East, 1,427.1 feet; thence North 89042' East, along the South line of said Northeast one-quarter Southwest one- quarter (NEl/4SWl/4), 417.5 feet; thence North 65031' West, parallel with said highway right of way line, 497.8 feet; thence South 89042' West, parallel with the South line of said Northeast one-quarter Southwest one-quarter (NEl/4SWl/4), 417.5 feet to a point on said highway right of way line; thence South 65031' East, along said right of way line, 497.3 feet to the Point of Beginning. County of Grand, State of Colorado. -6- ýÿ e15f19f1998 15:49 21 El4925784 HOOKER CONTRACTIN. PAGE Ell . ~ 1)- . '. .~ any V . Hoo .", Jr., TNStee STATE OF ~f..1,.':f S' ) ) S8 COUNTY OF Be: ~ "12.- ) The foregoing insttument was acknowledged beforo me this ..l1. day of V'A t;) ~ ' 1998, by Hany V. Hooker, Ir., Trustee. Witness my hand and official seal. My commission expires: -- KRIST' 8t$HOP ~ 1T=ra,~ (SEAL. ...~ J I~""'_ . ..:... FRASER TOWN OF FRASER, . municipal corporation of the Slate of Colorado BY: Mayor ATT'EST: Town Clork (SEAL) -4- . . . TOWN OF FRASER ORDINANCE NO. AN ORDINANCE APPROVING AN AMENDED ANNEXATION AGREEMENT FOR THE HOOKER PROPERTY. WHEREAS, the Board of Trustees of the Town of Fraser, Colorado, by Ordinance No. 99, heretofore entered into an Agreement (the "Prior Annexation Agreement") with Winter Park Ranch, Inc. , a Colorado corporation, relating to the property commonly known as the Village at winter Park Ranch located in the Town of Fraser, County of Grand, State of Colorado, a copy of which is attached to the PUD Special Use Permit recorded March 26, 1982 at Reception No. 192220 of the records in the office of the Clerk and Recorder of Grand County, Colorado, as modified by the Modification Agreement recorded on November 5, 1993 at Reception No. 93011255 of said records in the office of the Clerk and Recorder of Grand County, Colorado; and WHEREAS, Harry V. Hooker, Jr., Trustee ("Hooker"), is the current fee owner of a portion of said Village at Winter Park Ranch property, as described on Exhibit "A" attached hereto and incorporated herein by this reference (herein referred to as the "Hooker property"), and it has succeeded to all rights, privileges and obligations of Winter Park Ranch, Inc. and all subsequent owners under said Prior Annexation Agreement with respect to the Hooker Property; and WHEREAS, the Board of Trustees and Hooker wish to enter into an Amended Annexation Agreement for the Hooker property, to confirm certain terms and conditions relating to the future use and development of said Hooker Property; and WHEREAS, upon becoming effective, said Amended Annexation Agreement for the Hooker Property will supercede and replace the Prior Annexation Agreement as it relates to said Hooker Property. 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 Annexation Agreement for the Hooker Property, dated May 20, 1998, between Hooker and the Town of Fraser, 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 Annexation Agreement for the Hooker 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: (SEAL) Virginia Winter, Town Clerk Published in the Winter Park Manifest on , 1998. -2- ýÿ . . . . EXHIBIT A PROPERTY DESCRIPTION - HOOKER PROPERTY A part of the Northeast one-quarter Southwest one-quarter (NEl/4SWl/4) of Section 20, Township 1 South, Range 75 West of the 6th P.M., described as follows: Beginning at the point where the Northerly right of way line of U.S. Highway No. 40 intersects the South line of said Northeast one-quarter Southwest one-quarter (NEl/4SWl/4) whence the South one-quarter comer of said Section 20 bears South 22018' East, 1,427.1 feet; thence North 89042' East, along the South line of said Northeast one-quarter Southwest one- quarter (NE1I4SWl/4), 417.5 feet; thence North 65031' West, parallel with said highway right of way line, 497.8 feet; thence South 89042' West, parallel with the South line of said Northeast one-quarter Southwest one-quarter (NEl/4SW1I4), 417.5 feet to a point on said highway right of way line; thence South 65031' East, along said right of way line, 497.3 feet to the Point of Beginning. County of Grand, State of Colorado. -3- ýÿ . . . . TOWN OF FRASER ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 107 TO REVOKE THE PUD SPECIAL I USE PERMIT, PUD PLAN AND SUBDIVISION EXEMPTION FOR THE HOOKER PROPERTY. WHEREAS, the Board of Trustees of the Town of Fraser, Colorado, by Ordinance 107, heretofore approved a PUD Plan and the issuance of a PUD Special Use Permit for the property commonly known as The Village at Winter Park Ranch located in the Town of Fraser, County of Grand, State of Colorado, as more particularly described in the PUD Special Use Permit recorded March 26, 1982 at Reception No. 192220 of the records in the office of the Clerk and Recorder of Grand County, Colorado; and WHEREAS, said Ordinance No. 107 and Resolution No. 1982-3-1 of the Fraser Board of Trustees also provided for the grant of a subdivision exemption with respect to said property; and WHEREAS, said approved PUD Plan consists of an Agreement (the "Prior Annexation Agreement") entered into between the Town of Fraser and Winter Park Ranch, Inc., a Colorado corporation, the former owner of said property, a copy of which is attached to the PUD Special Use Permit for the Property which was issued pursuant to said Ordinance 107; and WHEREAS, said Prior Annexation Agreement and the PUD Special Use Permit were later modified by the MOdification Agreement recorded on November 5, 1993 at Reception No. 93011255 of said records in the office of the Clerk and Recorder of Grand County, Colorado, which Modification Agreement was approved and authorized pursuant to Ordinance Nos. 201 and 202; and WHEREAS, Harry V. Hooker, Jr., Trustee (UHookerU), is the current fee owner of a portion of said Village at Winter Park Ranch property, as described on Exhibit "A" attached hereto and incorporated herein by this reference (herein referred to as the "Hooker Property"), and it has succeeded to all rights, privileges and obligations of Winter Park Ranch, Inc. and all subsequent owners under said Prior Annexation Agreement and the PUD Special Use Permit with respect to the Hooker Property; and ýÿ . . . . WHEREAS, Hooker and the Town of Fraser have entered into an Amended Annexation Agreement for the Hooker Property, dated May 20, 1998, wherein Hooker has agreed that said PUD Special Use Permit, PUD Plan and subdivision exemption should be revoked and rescinded with respect to the Hooker Property, and that such property should thereafter be governed by the zoning, subdivision and other ordinances and regulations of the Town; and WHEREAS, a public hearing on such proposed revocation of the PUD Special Use Permit and PUD Plan was called and held on May 20, 1998, in accordance with the requirements of C.R.S. 24-67-106(3)(b) and the Fraser PUD Ordinance. 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 revocation, removal and release of the PUD Special Use Permit and PUD Plan with respect to the Hooker Property, as approved herein, is consistent with the efficient development and preservation of the entire planned unit development, does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the planned unit development or the public interest, and is not granted solely to confer a special benefit upon any person. The Board of Trustees hereby further finds that said revocation, removal and release of the PUD Special Use Permit and PUD Plan with respect to the Hooker Property is in substantial conformance with the Comprehensive Plan (also sometimes known as the Master Plan) of the Town of Fraser, as amended, and is in the best interests of the citizens and residents of the Town of Fraser. Section 2. The Board of Trustees hereby approves and orders the revocation, removal and release of said PUD Special Use Permit and PUD Plan and the revocation and recission of the subdivision exemption provided in Ordinance No. 107 and Resolution No. 1982-3-1, as they relate to the Hooker Property, and said Ordinance No. 107 and Resolution No. 1982-3-1 are hereby amended to that effect. Section 3. Any provision$ of Ordinance No. 107 or Resolution No. 1982-3-1 and any and all other existing ordinances and resolutions or parts of ordinances and resolutions of the -2- . . . ^ Town of Fraser which are inconsistent with the provisions of this Ordinance are hereby repealed to the extent, and only to the extent necessary to eliminate such inconsistency. Section 4. 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. 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. -3- - . . .. EXHIBIT A PROPERTY DESCRIPTION - HOOKER PROPERTY A part of the Northeast one-quarter Southwest one-quarter (NEl/4SW1I4) of Section 20, Township 1 South, Range 75 West of the 6th P.M., described as follows: Beginning at the point where the Northerly right of way line of U.S. Highway No. 40 intersects the South line of said Northeast one-quarter Southwest one-quarter (NEl/4SWl/4) whence the South one-quarter comer of said Section 20 bears South 22018' East, 1,427.1 feet; thence North 89042' East, along the South line of said Northeast one-quarter Southwest one- quarter (NEl/4SWl/4), 417.5 feet; thence North 65031' West, parallel with said highway right of way line, 497.8 feet; thence South 89042' West, parallel with the South line of said Northeast one-quarter Southwest one-quarter (NE1/4SW1/4), 417.5 feet to a point on said highway right of way line; thence South 65031' East, along said right of way line, 497.3 feet to the Point of Beginning. County of Grand, State of Colorado. -4- ýÿ , . . t TOWN OF FRASER ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 107 TO REVOKE THE PUD SPECIAL USE PERMIT, PUD PLAN AND SUBDIVISION EXEMPTION FOR THE SAFEWAY PROPERTY. WHEREAS, the Board of Trustees of the Town of Fraser, Colorado, by Ordinance 107, heretofore approved a PUD Plan and the issuance of a PUD Special Use Permit for the property commonly known as The Village at Winter Park Ranch located in the Town of Fraser, County of Grand, State of Colorado, as more particularly described in the PUD Special Use Permit recorded March 26, 1982 at Reception No. 192220 of the records in the office of the Clerk and Recorder of Grand County, Colorado; and WHEREAS, said Ordinance No. 107 and Resolution No. 1982-3-1 of the Fraser Board of Trustees also provided for the grant of a subdivision exemption with respect to said property; arid WHEREAS, said approved PUD Plan consists of an Agreement (the "Prior Annexation Agreement") entered into between the Town of Fraser and winter Park Ranch, Inc. , a Colorado corporation, the former owner of said property, a copy of which is attached to the PUD Special Use Permit for the Property which was issued pursuant to said Ordinance 107, as modified by the Modification Agreement recorded on November 5, 1993 at Reception No. 93011255 of said records in the office of the Clerk and Recorder of Grand County, Colorado; and WHEREAS, Safeway Inc., a Delaware corporation (IISafeway"), is the current fee owner of a substantial portion of said Village at winter Park Ranch property, as described on Exhibit "A" attached hereto and incorporated herein by this reference (herein referred to as the "Safeway Property"), and it has succeeded to all rights, privileges and obligations of winter Park Ranch, Inc. and all subsequent owners under said Prior Annexation Agreement and the PUD Special Use Permit with respect to the Safeway Property; and WHEREAS, Safeway and the Town of Fraser have entered into an Amended Annexation Agreement for the Safeway Property, dated May 20, 1998, wherein Safeway has agreed that said PUD Special Use Permit, PUD Plan and subdivision exemption should be revoked and ýÿ ~ . . , rescinded with respect to the Safeway Property, and that such Property should thereafter be governed by the zoning, subdivision and other ordinances and regulations of the Town; and WHEREAS, a public hearing on such proposed revocation of the PUD Special Use Permit and PUD Plan was called and held on May 20, 1998, in accordance with the requirements of C.R.S. 24-67-106(3)(b) and the Fraser PUD Ordinance. 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 revocation, removal and release of the PUD Special Use Permit and PUD Plan with respect to the Safeway Property, as approved herein, is consistent with the efficient development and preservation of the entire planned unit development, does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the planned unit development or the public interest, and is not granted solely to confer a special benefit upon any person. The Board of Trustees hereby further finds that said revocation, removal and release of the PUD Special Use Permit and PUD Plan with respect to the Safeway Property is in substantial conformance with the Comprehensive Plan (also sometimes known as the Master Plan) of the Town of Fraser, as amended, and is in the best interests of the citizens and residents of the Town of Fraser. Section 2. The Board of Trustees hereby approves and orders the revocation, removal and release of said PUD Special Use Permit and PUD Plan and the revocation and recission of the subdivision exemption provided in Ordinance No. 107 and Resolution No. 1982-3-1, as they relate to the Safeway Property, and said Ordinance No. 107 and Resolution No. 1982-3-1 are hereby amended to that effect. Section 3. Any provisions of Ordinance No. 107 or Resolution No. 1982-3-1 and any and all other existing ordinances and resolutions or parts of ordinances and resolutions of the Town of Fraser which are inconsistent with the provisions of this Ordinance are hereby repealed to the extent, and only to the extent necessary to eliminate such inconsistency. -2- lit . . .. Section 4. 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. 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. -3- I~' r"'r~Ir.";? 7EY; F;'':.' -;:-:'I::r~ ~'.[JF~I f 1 . . 'l'OWN OF FRASER ORDINANCE NO. AN ORDINANCE APPROVING AN AMENDED ANNEXATION AGREEMENT FOR THE SAFEWAY PROPERTY. WHEREAS, the Board of Trustees of the Town of Fraser, Colorado, by Ordinance No. 99, heretofore entered into an Agreement (the IIprior Annexation Agreement") with Winter Park Ranch, Inc. , a Colorado corporation, relating to the property commonly known as the village at Winter Park Ranch located in the Town of Fraser, County of Grand, state of Colorado, a copy of which is attached to the PUD special Use Permit recorded March 26, 1982 at Reception No. 192220 of the records in the office of the Clerk and Recorder of Grand County, Colorado, as modified by the Modification Agreement recorded on November 5, 1993 at Reception No. 93011255 of said records in the office of the Clerk and Recorder of Grand County, Colorado; and WHEREAS, Safeway Inc., a Delaware corporation (IISafeway"), is the current fee owner of a substantial portion of said village at winter Park Ranch property, as described on Exhibit "A" attached hereto and incorporated herein by this reference (herein referred to as the "Safeway Property"), and it has succeeded to all rights, privileges and obligations of winter Park Ranch, Inc. and all subsequent owners under said Prior Annexation Agreement with respect to the Safeway Property; and WHEREAS, the Board of Trustees and safeway wish to enter into an Amended Annexation Agreement for the Safeway Property, to confirm certain terms and conditions relating to the future use and development of said safeway Property; and WHEREAS, upon becoming effective, said Amended Annexation Agreement for the Safeway Property will supercede and replace the Prior Annexation Agreement as it relates to said Safeway Property. 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 Annexation Agreement for the Safeway Property, dated May 20, 1998, between Safeway and the Town of .. , . ... . . \ I I ; Fraser, 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 Annexation Agreement for the Safeway Property and authorizes the Mayor (or Mayor Pro-tem) 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- .., ',:::ir ',;"~3' TEtI,P'"FA:' -,F'[I!;i--.: ,"J?:) . ! . . TOWN OF "Icebox of th FRASER PO e Nation" . . Box 120/153 F Fraser co~aser Avenue I orado 80442 FAX Une: ~~ig~ 726-5491 726-5518 . f }01- MMCI ide1 1ff1' {/aMy Illu.t #))J W- WO ~ wi//111 1: V/!.~...t: ~ Vi I/()yt- e . . ~ t-- ~tt ?vU. J #t hof~j tM Cfl Wl~u:. ~. if): ,tf ~ ba-J- frm hMt by IJJtdf\JJ~ . M()J rWJ1 LV I . . t yl Ordinr,F1l d.- C/11( be- &Ida! <[; 1" pr (} ~ {).fAd~ · Glw t;L--- . . . , . BAKER, CAZIER AND McGOWAN A Law Partnership of Professional Corporations .John L. Bakt'r. P.C. 62495 V.S. Highwa)' 40 East Stanley W. Cazlt'r, P.e. Box 500 Rodney R. McGowan, P.e. Granby, Colorado 80446 Rod McGowan Telephone: (970) 887-3376 mcgowanr@rkymtnht.com Fax: (970) 887-9430 F~X MEMO CONFIDENTIALITY NOTICE: The Informatlon contained In this telecopy may be confidentlal and/or privileged, This telecopy Is intended to be reYlewed only by the IndMdual(s) named below. If the recipient of this telecopy transmittal page Is not the Intended recipient or an authorized representatlve of the Intended recipient. )'Ou are requested to promptly call us, collect. at the telephone number set forth above and return the original of this telecopy to us at the above address. Please do not read, copy, or disseminate this telecopy or the Informatlon contained herein. To: Mr, Harry V, Hooker" Jr. Fax: (210) 492-5784 Phone: (210) 492-9411 cc: Mr. Chuck Reid Fax: (970) 726-5518 Town of Fraser Phone: (970) 726-5491 From: Rod McGowan Fax: (970) 887-9430 Baker, Cazier & McGowan Phone: (970) 887-3376 Date: May 18, 1998 Time: 3:48 PM Pages: 7 Subject: Town of Fraser - PUD Vacation MESSAGE Chuck Reid indicated that he had spoken to you about terminating the Village at Winter Park Ranch PUD as it relates to your property in Fraser. and that you are amenable to such termination. Attached is a proposed Amended Annexation Agreement. which will confirm your agreement in this regard and replace the prior Agreement between the TO\\TI and Winter Park Ranch. Inc. If this Agreement is acceptable, please sign it in the space provided and have the notary provision completed by a notary public. Please fax a copy of your signature page to me at 970-887-9430, and torward the original. signed Agreement to me at the above address, Thank you tor your assistance, .... '.r::::,'-,rJ? TEMP" F;'':,'~\ HAf-V,H'i L:. r",pr, < . . . AMENDED ANNEXATION AGREE.\IENT FOR THE HOOKER PROPERTY May 20, 1998 THIS AGREEMENT is between HARRY V. HOOKER, JR., Trustee ("Hooker"), and THE TOWN OF FRASER, COLORADO, acting by and through its Board of Trustees ("Fraser") . ARTICLE 1.0 - RECITALS 1.1 On or about March 24, 1982, the Fraser Board of Trustees adopted Ordinance No. 107, providing for the annexation, zoning and approval of a PUD Plan and PUD Special Use Permit for the property commonly known as the Village at Winter Park Ranch, as more particularly described in the PUD Special Use Permit recorded March 26, 1982 at Reception No. 192220 of the records in the office of the Clerk and Recorder of Grand County, Colorado. The pun Plan for said property consisted of an Agreement between Fraser and the then owner of said property, Winter Park Ranch, Inc., a Colorado corporation, a copy of which is attached to said PUD Special Use Permit. Such Agreement was later modified by the Modification Agreement recorded on November 5, 1993 at Reception No. 93011255 of said records in the office of the Clerk and Recorder of Grand County, Colorado. The said Agreement, as modified, is herein sometimes referred to as the .. Prior Annexation Agreement" . 1.2 Hooker is the current fee owner of that portion of said Village at Winter Park Ranch property described on Exhibit "A" attached hereto and incorporated herein by this reference (herein referred to as the "Hooker Property"). 1.3 Hooker has succeeded to all right, title and interest of Winter Park Ranch, Inc. and all subsequent owners in and to the Hooker Property and to all rights, privileges and obligations of Winter Park Ranch, Inc. and said subsequent owners under said Prior Annexation Agreement and the PUD Special Use Permit with respect to the Hooker Property. 1.4 Hooker and Fraser have agreed to further amend the Prior Annexation Agreement, to provide for the termination, release and revocation of the PUD Plan. the PUD Special Use Permit and certain other land use provisions relating to the Hooker Property and to confirm certain other agreements and understandings concerning said Hooker Property, all as more particularly provided herein below. NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements set forth herein, Hooker and Fraser agree as follows: ARTICLE 2.0 - REVOCATION AND RELEASE OF PUD PLAN AND PERMIT AND < . . 2.1 This Agreement shall become etfective upon approval by the Fraser Board of Trustees and execution hereof by both parties. Upon taking etTect. the provisions of this Agreement shall supercede and replace all provisions of the Prior Annexation Agreement. as they relate to the Hooker Property. except as otherwise expressly provided herein. Hooker and Fraser hereby agree to release and hold each other harmless from and against all claims and liabilities arising under said Prior Annexation Agreement as to all transactions and events transpiring prior to the etTective date of this Agreement. 2.2 The parties agree that the provisions of the Prior Annexation Agreement and the PUD Special Use Permit and PUD Plan relating to the use and development of the Hooker Property shall no longer apply, and all development rights provided under such Agreement, Permit and Plan shall be and are hereby terminated. Hooker agrees that the PUD Special Use Permit and the PUD Plan specified therein for the Hooker Property shall be revoked and rescinded; and the subdivision exemption for the Hooker Property provided in Ordinance No. 107 and Resolution No. 1982-3-1 of the Fraser Board of Trustees shall likewise be revoked and rescinded. Fraser has or shall initiate proceedings in accordance with its ordinances and State statutes to amend Ordinance No. 107 and revoke said PUD Special Use Permit and PUD Plan, and to revoke and rescind said subdivision exemption provided in Ordinance No. 107 and Resolution No. 1982-3-1 with respect to the Hooker Property, and shall complete such proceedings as soon as possible. If such proceedings are not concluded and final action is not taken to revoke said PUD Special Use Permit, PUD Plan and subdivision exemption on or before December 31, 1998, then either party may elect to cancel this Agreement by written notice to the other party. 2.3 Upon completion of the proceedings to revoke the PUD Special Use Permit, PUD Plan and subdivision exemption, as provided in Section 2.2 hereof, the use and development of the Hooker Property shall thereafter be governed by Fraser's zoning and subdivision regulations, as they now exist or may be hereafter amended. The Hooker Property is currently zoned "B - Business", and the regulations applicable to that zoning district shall apply unless and until the property is rezoned. Further. Hooker and its successors in interest shall be required to comply with all other ordinances and regulations of Fraser. including without limitation, building codes and air quality regulations, as they now exist or may be hereafter amended. 2.4 The revocation of the PUD Special Use Permit, PUD Plan and subdivision exemption previously approved by Ordinance No. 107 and Resolution No. 1982-3-1, shall not be deemed to defeat or nullify the other provisions of said Ordinance No. 107. including those providing for the annexation and zoning of the Hooker Property. nor shall such revocation defeat or nullify any actions previously taken pursuant to or in reliance on the Prior Annexation Agreement. 2.5 Pursuant to the Prior Annexation Agreement, Winter Park Ranch. Inc. caused certain Master Covenants to be recorded at Book 309 at Pages 140-146 (Reception No. 192620) of the Grand County real estate records. The parties agree that said Master Covenants shall be -2- . . . . terminated with respect to the Hooker Property. and Hooker shall execute such documents as may be required to etlectuate such termination. ARTICLE 3.0 - MUNICIPAL SERVICES li The Hooker Property is currently a part of the Winter Park West Water and Sanitation District, and it is agreed that Hooker shall obtain water and sewer service for the Property from such District. 3.2 Fraser shall have no obligation to provide either water or sewer service to the Hooker Property; and Hooker waives any right to disconnect from Fraser pursuant to C.R.S. ~31-12-119 based on Fraser's failure to provide such services. 3.3 Except as otherwise provided for in this Article 3.0, Fraser agrees to provide the Hooker Property such other municipal services currently provided within the Town and on the terms and conditions on which such services are provided to any other property within the town. ARTICLE 4.0 - MISCELLANEOUS 4.1 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 successors and assigns of the parties hereto. 4.2 This instrument and the adopting ordinance of Fraser embodies the whole agreement of the parties with respect to the subject matter hereof. This Agreement shall supersede all previous communications, representations, or agreements either verbal or written between the parties hereto. 4.3 The fact that any portion of this Agreement may be held to be unenforceable shall not affect the enforceability of the remaining portions thereof. 4.4 This Agreement cannot be modified or revoked except by an instrument in writing signed by Fraser and Hooker or the then owner of the Hooker Property or that portion thereof as to which the modification or revocation relates. 4.5 This Agreement may be executed in counterparts, and upon execution of such counterparts by all parties, this Agreement shall be binding upon the parties as if each had executed a single original. Facsimiles of original signatures and of executed counterparts shall be treated as originals. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures. -3- . . . HOOKER Harry V. Hooker, Jr., Trustee STATE OF ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 1998, by Harry V. Hooker, Jr., Trustee. Witness my hand and official seal. My commission expires: (SEAL) Notary Public FRASER TOWN OF FRASER, a municipal corporation of the State of Colorado BY: Mayor ATTEST: Town Clerk (SEAL) -4- ýÿ . . . . . STATE OF COLORADO) ) SS COUNTY OF GRAND ) The foregoing instrument was acknowledged before me this _ day of , 1998, by JetT Johnston, as Mayor, and Virginia Winter, as Town Clerk, of The Town of Fraser, Colorado, acting by and through its Board of Trustees. Witness my hand and official seal. My commission expires: (SEAL) Notary Public . -5- ýÿ , . . . . EXHIBIT A PROPERTY DESCRIPTION - HOOKER PROPERTY A part of the Northeast one-quarter Southwest one-quarter (NEl/4SWl/4) of Section 20, Township 1 South, Range 75 West of the 6th P.M., described as follows: Beginning at the point where the Northerly right of way line of U.S. Highway No. 40 intersects the South line of said Northeast one-quarter Southwest one-quarter (NEl/4SWl/4) whence the South one-quarter comer of said Section 20 bears South 22018' East, 1,427.1 feet; thence North 89042' East, along the South line of said Northeast one-quarter Southwest one-quarter (NEl/4SWl/4), 417.5 feet; thence North 65031' West, parallel with said highway right of way line, 497.8 feet; thence South 89042' West, parallel with the South line of said Northeast one- quarter Southwest one-quarter (NEl/4SWl/4), 417.5 feet to a point on said highway right of way line; thence South 65031' East, along said right of way line, 497.3 feet to the Point of Beginning . County of Grand, State of Colorado. -6- . . . QUA I L D R I V E (50') . "..~,,;.,-'f- 8.0' .- I I I I . .~'~l. .1 ., . ' I . '_J:..~~ 1 , I I I I I I I i: :! Ii ~ ~ ... ~ ~ ::) t . ::) I III I ca Q" ~ .oru ~ ~) ~ q 0 I "'11>>1 "'11>>1 11 I ., q~ q~ ~I d I . .... "fT'. . . .wi . r" . . I - -~-----l-- ------ - - -r - - - - - - - - - - - ~ - I ,~ I J ~ L _ _ _ ....__Il-:: -~~ · _...1 ~ j . 20' ItJttr P<<It JIIMf JII(w .. ..... """'" ~. -- -----.- w _._._._._.-~ ..."1 a_ ! 0._ _ . 13.~?, _. _ - . . .~13'4O"E --------~--------------------- -------- .. .t ýÿ x I '. 0: --- ... -. ....". , "r , r Ill' - ~ --- $ r.:Jf . " ,.,~.... . ~ : $ " - .".v >_ '" . . I i~ · 4:.:..___ _ / - .~ '- , - - - I ; -- G / ..........""".... ....r - - - - - -L ~" I , \ I UfflI 4 ". 1 ow< 513 &f. . ~ \ .-~ " -- \ I 2 _"" _ _ _ 1WNTED $TR/I'E I _- _ I \ ". .. - """ .. I -- \ I'd' . "T -.l . ....... I ~ I ~Unit3 ~ _____ I :.'.....$.73 s.t. GO\ ......! 3 II ' /t"" -:_ . ;: I: l....,....... --- ,..~....'........'IH ~ · G _.::. - - - - - _ _ _ _ .. ,,'" ~ II t!, ~' Unit 2,.:. ~ ! -J: - I j, . i \ ii.."..'..... 573 s.f. I ty 2 Bedrooms I r' _ I I ~ ___ _---- I \ t I. _ _ I ~ _--- __- _. \ V< _-- __- '-- - I_v., .-- _.-...=- _ -r-- t _=-- _ 161 ----- · \~ /\ UfflI , I t. 573 s.f. pp f, 2 Bedrooms I ~ 32' ....----- 8578 .........................!.. _1! _ J..._ _ _ ........... ~ ........ ~ \ ' -- ~- - ,...,. .." ... " - .... , J . . TOWN OF FRASER 1..44 ORDINANCE NO. ~ AN ORDINANCE APPROVING AN AMENDED ANNEXATION AGREEMENT FOR THE SAFEWAY PROPERTY. WHEREAS, the Board of Trustees of the Town of Fraser, Colorado, by Ordinance No. 99, I . heretofore entered 1nto an Agreement (the uPrior Annexation AgreementU) with Winter Park Ranch, Inc. , a Colorado corporation, relating to the property commonly known as the Village at Winter Park Ranch located in the Town of Fraser, County of Grand, State of Colorado, a copy of which is attached to the PUD Special Use Permit recorded March 26, 1982 at Reception No. 192220 of the records in the office of the Clerk and Recorder of Grand County, Colorado, as modified by the Modification Agreement recorded on November 5, 1993 at Reception No. 93011255 of said records in the office of the Clerk and Recorder of Grand County, Colorado; and WHEREAS, Safeway Inc., a Delaware corporation (II SafewayU ) , is the current fee owner of a substantial portion of said Village at Winter Park Ranch property, as described on Exhibit "A" attached hereto and incorporated herein by this reference (herein referred to as the "Safeway Property"), and it has succeeded to all rights, privileges and obligations of Winter Park Ranch, Inc. and al~ subsequent owners under said Prior Annexation Agreement with respect to the Safeway Property; and WHEREAS, the Board of Trustees and Safeway wish to enter into an Amended Annexation Agreement for the Safeway Property, to confirm certain terms and conditions relating to the future use and development of said Safeway Property; and WHEREAS, upon becoming effective, said Amended Annexation Agreement for the Safeway Property will supercede and replace the Prior Annexation Agreement as it relates to said Safeway Property. 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 Annexation Agreement for the Safeway Property, dated May 20, 1998, between Safeway and the Town of , I . . Fraser, 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 Annexation Agreement for the Safeway Property and authorizes the Mayor (or Mayor Pro-tem) 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- ýÿ r , . . EXHIBIT A PROPERTY DESCRIPTION - SAFEW A Y PROPERTY I A PARCEL OF REAL PROPERTY SITUATED IN PART OF SECTION 20, TOWNSHIP 1 SOUTH, I RANGE 75 WEST OF THE 6TH P.M., GRAND COUNTY, COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF THE NW1I4 OF THE SW1I4 OF SAID SECTION 20; THENCE S58026'15"E, ALONG THE WESTERLY BOUNDARY OF BLOCK 1 REPLAT OF WINTER PARK RANCH, SECOND FILING, A DISTANCE OF 1343.00 FEET; THENCE N31 033'45"E, CONTINUING ALONG SAID WESTERLY BOUNDARY, A DISTANCE OF 214.09 FEET; THENCE S58026'15"E, CONTINUING ALONG SAID BOUNDARY A DISTANCE OF 1517.80 FEET TO A POINT ON THE SOUTH LINE OF THE NW1I4 OF THE SEl/4 OF SAID SECTION 20; THENCE S89045'01 "W ALONG SAID SOUTH LINE AND SAID SOUTH LINE EXTENDED WESTERLY, A DISTANCE OF 1349.61 FEET; THENCE N66016'OO"W A DISTANCE OF 499.16 FEET; THENCE S89045'00"W A DISTANCE OF 417.50 FEET TO A POINT ON THE NORTH EASTERLY RIGHT -OF- WAY LINE FOR US 40; THENCE ALONG SAID NORTH-EASTERLY RIGHT-OF-WAY THE FOLLOWING FIVE (5) COURSES: (1) N66006'oo"W A DISTANCE OF 523.43 FEET TO A POINT OF CURVE; (2) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS N57043'OO"W A DISTANCE OF 719.03 FEET, SAID CURVE HAVING A RADIUS OF 2465.80 FEET, A CENTRAL ANGLE OF 16046'00" AND AN ARC LENGTH OF 721.60 FEET TO A POINT OF TANGENT; (3) THENCE N49020'00"W ALONG SAID TANGENT A DISTANCE OF 219.83 FEET; (4) THENCE N46032'57"W A DISTANCE OF 300.50 FEET; (5) THENCE NOo015'56"E A DISTANCE OF 123.77 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF COUNTY ROAD 804; THENCE ALONG THE EASTERLY AND SOUTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 804 THE FOLLOWING THIRTEEN (13) COURSES: (1) N35034'47"W A DISTANCE OF 170.60 FEET TO A POINT OF CURVE; (2) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS N01 025'54"W A DISTANCE OF 274.03 FEET, SAID CURVE HAVING A RADIUS OF 550.00 FEET, A CENTRAL ANGLE OF 28051'02" AND AN ARC LENGTH OF 276.94 FEET TO A POINT OF COMPOUND CURVE; (3) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS N15017'06"E A DISTANCE OF 44.80 FEET, SAID CURVE HAVING A RADIUS OF 393.00 FEET, A CENTRAL ANGLE OF 6032'06" AND AN ARC LENGTH OF 44.82 FEET TO A POINT OF COMPOUND CURVE; (4) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS N38023'05"E A DISTANCE OF 274.05 FEET, SAID CURVE HAVING A RADIUS OF 423.90 FEET, A CENTRAL ANGLE OF 37043'08" AND AN ARC LENGTH OF 279.06 FEET, TO A POINT OF TANGENT; (5) THENCE N57014'39"E, ALONG SAID TANGENT, A DISTANCE OF 21.61 FEET TO A POINT OF CURVE; (6) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS N63024'24"E A DISTANCE OF 103.90 FEET; SAID CURVE HAVING A RADIUS OF 483.94 FEET, A CENTRAL ANGLE OF 12019'29" AND AN ARC LENGTH OF 104.10 FEET TO A POINT OF COMPOUND CURVE; (7) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS S81 024'05"E A DISTANCE -3- ýÿ , , . . EXHIBIT A - Continued OF 190.04 FEET, SAID CURVE HAVING A RADIUS OF 195.81 FEET, A CENTRAL ANGLE OF 58003'34" AND AN ARC LENGTH OF 198.42 FEET, TO A POINT OF TANGENT; (8) THENCE S52022' 18"E, ALONG SAID TANGENT, A DISTANCE OF 76.19 FEET TO A POINT OF CURVE; (9) THENCE ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CHORD BEARS S56031'07"E A DISTANCE OF 143.97 FEET, SAID CURVE HAVING A RADIUS OF 995.43 FEET, A CENTRAL ANGLE OF 08017'39" AND AN ARC LENGTH OF 144.10 FEET, TO A POINT OF TANGENT; (10) THENCE S60039'57"E, ALONG SAID TANGENT, A DISTANCE OF 47.01 FEET TO A POINT OF CURVE; (11) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS S53003'59"E A DISTANCE OF 91.18 FEET, SAID CURVE HAVING A RADIUS OF 344.74 FEET, A CENTRAL ANGLE OF 15011'56" AND AN ARC LENGTH OF 91.45 FEET, TO A POINT OF TANGENT; (12) THENCE S45028'01 "E, ALONG SAID TANGENT, A DISTANCE OF 120.03 FEET TO A POINT OF CURVE; AND (13) THENCE ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CHORD BEARS S53054'01 "E A DISTANCE OF 483.44 FEET, SAID CURVE HAVING A RADIUS OF 1648.20 FEET, A CENTRAL ANGLE OF 16052'00" AND AN ARC LENGTH OF 485.19 FEET TO A POINT OF NON TANGENT; THENCE SooolO'lO"W A DISTANCE OF 75.70 FEET TO THE POINT OF BEGINNING, CONTAINING 64.009 ACRES (2,788,213 SQUARE FEEn. -4- . . TOWN OF FRASER ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 107 TO REVOKE THE PUD SPECIAL USE PERMIT, PUD PLAN AND SUBDIVISION EXEMPTION FOR THE SAFEWAY PROPERTY. , WHEREAS, the Board of Trustees of the Town of Fraser, Colorado, by Ordinance 107, heretofore approved a ~UD Plan and the issuance of a PUD Special Use Permit for the property commonly known as The Village at Winter Park Ranch located in the Town of Fraser, County of Grand, State of Colorado, as more particularly described in the PUD Special Use Permit recorded March 26, 1982 at Reception No. 192220 of the records in the office of the Clerk and Recorder of Grand County, Colorado; and WHEREAS, said Ordinance No. 107 and Resolution No. 1982-3-1 of the Fraser Board of Trustees also provided for the grant of a subdivision exemption with respect to said property; and WHEREAS, said approved PUD Plan consists of an Agreement (the "Prior Annexation Agreement") entered into between the Town of Fraser and Winter Park Ranch, Inc. , a Colorado corporation, the former owner of said property, a copy of which is attached to the PUD Special Use Permit for the Property which was issued pursuant to said Ordinance 107; and WHEREAS, said Prior Annexation Agreement and the PUD Special Use Permit were later modified by the Modification Agreement recorded on November 5, 1993 at Reception No. 93011255 of said records in the office of the Clerk and Recorder of Grand County, Colorado, which Modification Agreement was approved and authorized pursuant to Ordinance Nos. 201 and 202; and WHEREAS, Safeway Inc., a Delaware corporation (USafeway"), is the current fee owner of a substantial portion of said Village at Winter Park Ranch property, as described on Exhibit "A" attached hereto and incorporated herein by this reference (herein referred to as the "Safeway Property"), and it has succeeded to all rights, privileges and obligations of Winter Park Ranch, Inc. and all subsequent owners under said Prior Annexation Agreement and the PUD Special Use Permit with respect to the Safeway Property; and ~ ýÿ . . WHEREAS, Safeway and the Town of Fraser have entered into an Amended Annexation Agreement for the Safeway Property, dated May 20, 1998, wherein Safeway has agreed that said PUD Special Use I Permit, PUD Plan and subdivision exemption should be revoked and rescinded with respect to the Safeway Property, and that such Property should thereafter be governed by the zoning, subdivision and other ordinances and regulations of the Town; and WHEREAS, a public hearing on such proposed revocation of the PUD Special Use Permit and PUD Plan was called and held on May 20, 1998, in accordance with the requirements of C.R.S. 24-67-106(3)(b) and the Fraser PUD Ordinance. 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 revocation, removal and release of the PUD Special Use Permit and PUD Plan with respect to the Safeway Property, as approved herein, is consistent with the efficient development and preservation of the entire planned unit development, does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the planned unit development or the public interest, and is not granted solely to confer a special benefit upon any person. The Board of Trustees hereby further finds that said revocation, removal and release of the PUD Special Use Permit and PUD Plan with respect to the Safeway Property is in substantial conformance with the Comprehensive Plan (also sometimes known as the Master Plan) of the Town of Fraser, as amended, and is in the best interests of the citizens and residents of the Town of Fraser. Section 2. The Board of Trustees hereby approves and orders the revocation, removal and release of said PUD Special Use Permit and PUD Plan and the revocation and recission of the subdivision exemption provided in Ordinance No. 107 and Resolution No. 1982-3-1, as they relate to the Safeway Property, and said Ordinance No. 107 and Resolution No. 1982-3-1 are hereby amended to that effect. Section 3. Any provisions of Ordinance No. 107 or Resolution No. 1982-3-1 and any and all other existing ordinances -2- . . and resolutions or parts of ordinances and resolutions of the Town of Fraser which are inconsistent with the provisions of this Ordinance are hereby repealed to the extent, and only to the extent necessary to eliminate such inconsistency. Section 4. 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. 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. -3- ýÿ . . EXHmIT A PROPERTY DESCRIPTION - SAFEW A Y PROPERTY t A PARCEL OF REAL PROPERTY SITUATED IN PART OF SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M., GRAND COUNTY, COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF THE NWl/4 OF THE SWl/4 OF SAID SECTION 20; THENCE S58026'15"E, ALONG THE WESTERLY BOUNDARY OF BLOCK 1 REPLAT OF WINTER PARK RANCH, SECOND FILING, A DISTANCE OF 1343.00 FEET; THENCE N31 033'45"E, CONTINUING ALONG SAID WESTERLY BOUNDARY, A DISTANCE OF 214.09 FEET; THENCE S58026'15"E, CONTINUING ALONG SAID BOUNDARY A DISTANCE OF 1517.80 FEET TO A POINT ON THE SOUTH LINE OF THE NWl/4 OF THE SEl/4 OF SAID SECTION 20; THENCE S89045'01 "W ALONG SAID SOUTH LINE AND SAID SOUTH LINE EXTENDED WESTERLY, A DISTANCE OF 1349.61 FEET; THENCE N66016'00"W A DISTANCE OF 499.16 FEET; THENCE S89045'OO"W A DISTANCE OF 417.50 FEET TO A POINT ON THE NORTH EASTERLY RIGHT-OF-WAY LINE FOR US 40; THENCE ALONG SAID NORTH-EASTERLY RIGHT-OF-WAY THE FOLLOWING FIVE (5) COURSES; (1) N66006'oo"W A DISTANCE OF 523.43 FEET TO A POINT OF CURVE; (2) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS N57043'oo"W A DISTANCE OF 719.03 FEET, SAID CURVE HAVING A RADIUS OF 2465.80 FEET, A CENTRAL ANGLE OF 16046'00" AND AN ARC LENGTH OF 721.60 FEET TO A POINT OF TANGENT; (3) THENCE N49020'OO"W ALONG SAID TANGENT A DISTANCE OF 219.83 FEET; (4) THENCE N46032'57"W A DISTANCE OF 300.50 FEET; (5) THENCE NOo015'56"E A DISTANCE OF 123.77 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF COUNTY ROAD 804; THENCE ALONG THE EASTERLY AND SOUTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 804 THE FOLLOWING THIRTEEN (13) COURSES; (1) N35034'47"W A DISTANCE OF 170.60 FEET TO A POINT OF CURVE; (2) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS N01 025'54"W A DISTANCE OF 274.03 FEET, SAID CURVE HAVING A RADIUS OF 550.00 FEET, A CENTRAL ANGLE OF 28051 '02" AND AN ARC LENGTH OF 276.94 FEET TO A POINT OF COMPOUND CURVE; (3) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS NI5017'06"E A DISTANCE OF 44.80 FEET, SAID CURVE HAVING A RADIUS OF 393.00 FEET, A CENTRAL ANGLE OF 6032'06" AND AN ARC LENGTH OF 44.82 FEET TO A POINT OF COMPOUND CURVE; (4) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS N38023'05"E A DISTANCE OF 274.05 FEET, SAID CURVE HAVING A RADIUS OF 423.90 FEET, A CENTRAL ANGLE OF 37043'08" AND AN ARC LENGTH OF 279.06 FEET, TO A POINT OF TANGENT; (5) THENCE N57014'39"E, ALONG SAID TANGENT, A DISTANCE OF 21.61 FEET TO A POINT OF CURVE; (6) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS N63024'24"E A DISTANCE OF 103.90 FEET; SAID CURVE HAVING A RADIUS OF 483.94 FEET, A CENTRAL ANGLE OF 12019'29" AND AN ARC LENGTH OF 104.10 FEET TO A POINT OF COMPOUND CURVE; (7) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS S81 024'05"E A DISTANCE -4- ýÿ . . EXHIBIT A - Continued OF 190.04 FEET, SAID CURVE HAVING A RADIUS OF 195.81 FEET, A CENTRAL ANGLE OF 58003'34" AND AN ARC LENGTH OF 198.42 FEET, TO A POINT OF TANGENT; (8) THENCE S52022' 18"E, ALONG SAID TANGENT, A DISTANCE OF 76.19 FEET TO A POINT OF CURVE; (9) THENCE ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CHORD BEARS S56031'07"E A DISTANCE OF 143.97 FEET, SAID CURVE HAVING A RADIUS OF 995.43 FEET, A CENTRAL ANGLE OF 08017'39" AND AN ARC LENGTH OF 144.10 FEET, TO A POINT OF TANGENT; (10) THENCE S60039'57"E, ALONG SAID TANGENT, A DISTANCE OF 47.01 FEET TO A POINT OF CURVE; (11) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS S53003'59"E A DISTANCE OF 91.18 FEET, SAID CURVE HAVING A RADIUS OF 344.74 FEET, A CENTRAL ANGLE OF 15011'56" AND AN ARC LENGTH OF 91.45 FEET, TO A POINT OF TANGENT; (12) THENCE S45028'OI"E, ALONG SAID TANGENT, A DISTANCE OF 120.03 FEET TO A POINT OF CURVE; AND (13) THENCE ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CHORD BEARS S53054'01 "E A DISTANCE OF 483.44 FEET, SAID CURVE HAVING A RADIUS OF 1648.20 FEET, A CENTRAL ANGLE OF 16052'00" AND AN ARC LENGTH OF 485.19 FEET TO A POINT OF NON TANGENT; THENCE SOQolO'lO"W A DISTANCE OF 75.70 FEET TO THE POINT OF BEGINNING, CONTAINING 64.009 ACRES (2,788,213 SQUARE FEET). -5- ýÿ . . I AMENDED ANNEXATION AGREEMENT FOR THE HOOKER PROPERTY May 20, 1998 I THIS AGREEMENT is between HARRY V. HOOKER, JR., Trustee ("Hooker"), and , THE TOWN OF FRASER, COLORADO, acting by and through its Board of Trustees ("Fraser"). ARTICLE 1.0 - RECITALS 1.1 On or about MarcJ;1 24, 1982, the Fraser Board of Trustees adopted Ordinance No. 107, providing for the annexation, zoning and approval of a PUD Plan and PUD Special Use Permit for the property commonly known as the Village at Winter Park Ranch, as more particularly described in the PUD Special Use Permit recorded March 26, 1982 at Reception No. 192220 of the records in the office of the Clerk and Recorder of Grand County, Colorado. The PUD Plan for said property consisted of an Agreement between Fraser and the then owner of said property, Winter Park Ranch, Inc., a Colorado corporation, a copy of which is attached to said PUD Special Use Permit. Such Agreement was later modified by the Modification Agreement recorded on November 5, 1993 at Reception No. 93011255 of said records in the office of the Clerk and Recorder of Grand County, Colorado. The said Agreement, as modified, is herein sometimes referred to as the "Prior Annexation Agreement" . 1.2 Hooker is the current fee owner of that portion of said Village at Winter Park Ranch property described on Exhibit II A" attached hereto and incorporated herein by this reference (herein referred to as the "Hooker Property"). 1.3 Hooker has succeeded to all right, title and interest of Winter Park Ranch, Inc. and all subsequent owners in and to the Hooker Property and to all rights, privileges and obligations of Winter Park Ranch, Inc. and said subsequent owners under said Prior Annexation Agreement and the PUD Special Use Permit with respect to the Hooker Property. 1.4 Hooker and Fraser have agreed to further amend the Prior Annexation Agreement, to provide for the termination, release and revocation of the PUD Plan, the PUD Special Use Permit and certain other land use provisions relating to the Hooker Property and to confirm certain other agreements and understandings concerning said Hooker Property, all as more particularly provided herein below. NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements set forth herein, Hooker and Fraser agree as follows: ARTICLE 2.0 - REVOCATION AND RELEASE OF PUD PLAN AND PERMIT AND SUBDIVISION EXEMPTION . . 2.1 This Agreement shall become effective upon approval by the Fraser Board of Trustees and execution hereof by both parties. Upon taking effect, the provisions of this Agreement shall supercede and replace all provisions of the Prior Annexation Agreement, as they relate to the Hooker Property, except as otherwise expressly provided herein. Hooker and Fraser hereby agree to release and hold each other harmless from and against all claims and liabilities arising under said Prior Annexation Agreement as to all transactions and events transpiring prior to the effective date of this Agreement. 2.2 The parties agree that the provisions of the Prior Annexation Agreement and the PUD Special Use Permit and PUD Plan relating to the use and development of the Hooker Property shall no longer apply, and all development rights provided under such Agreement, Permit and Plan shall be and are hereby terminated. Hooker agrees that the PUD Special Use Permit and the PUD Plan specified therein for the Hooker Property shall be revoked and rescinded; and the subdivision exemption for the Hooker Property provided in Ordinance No. 107 and Resolution No. 1982-3-1 of the Fraser Board of Trustees shall likewise be revoked and rescinded. Fraser has or shall initiate proceedings in accordance with its ordinances and State statutes to amend Ordinance No. 107 and revoke said PUD Special Use Permit and PUD Plan, and to revoke and rescind said subdivision exemption provided in Ordinance No. 107 and Resolution No. 1982-3-1 with respect to the Hooker Property, and shall complete such proceedings as soon as possible. If such proceedings are not concluded and final action is not taken to revoke said PUD Special Use Permit, PUD Plan and subdivision exemption on or before December 31, 1998, then either party may elect to cancel this Agreement by written notice to the other party. 2.3 Upon completion of the proceedings to revoke the PUD Special Use Permit, PUD Plan and subdivision exemption, as provided in Section 2.2 hereof, the use and development of the Hooker Property shall thereafter be governed by Fraser's zoning and subdivision regulations, as they now exist or may be hereafter amended. The Hooker Property is currently zoned "B - Business", and the regulations applicable to that zoning district shall apply unless and until the property is rezoned. Further, Hooker and its successors in interest shall be required to comply with all other ordinances and regulations of Fraser, including without limitation, building codes and air quality regulations, as they now exist or may be hereafter amended. 2.4 The revocation of the PUD Special Use Permit, PUD Plan and subdivision exemption previously approved by Ordinance No. 107 and Resolution No. 1982-3-1, shall not be deemed to defeat or nullify the other provisions of said Ordinance No. 107, including those providing for the annexation and zoning of the Hooker Property, nor shall such revocation defeat or nullify any actions previously taken pursuant to or in reliance on the Prior Annexation Agreement. 2.5 Pursuant to the Prior Annexation Agreement, Winter Park Ranch, Inc. caused certain Master Covenants to be recorded at Book 309 at Pages 140-146 (Reception No. 192620) of the Grand County real estate records. The parties agree that said Master -2- . . Covenants shall be terminated with respect to the Hooker Property, and Hooker shall execute such documents as may be required to effectuate such termination. ARTICLE 3.0 - MUNICIPAL SERVICES 3.1 The Hooker Property is currently a part of the Winter Park West Water and Sanitation District, and it is agreed that Hooker shall obtain water and sewer service for the Property from such District, when the same are extended to the Property. 3.2 Fraser shall have no obligation to provide either water or sewer service to the Hooker Property; and Hooker waives any right to disconnect from Fraser pursuant to C.R.S. ~31-12-119 based on Fraser's failure to provide such services. 3.3 Except as otherwise provided for in this Article 3.0, Fraser agrees to provide the Hooker Property such other municipal services currently provided within the Town and on the terms and conditions on which such services are provided to any other property within the town. ARTICLE 4.0 - MISCELLANEOUS 4.1 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 successors and assigns of the parties hereto. 4.2 This instrument and the adopting ordinance of Fraser embodies the whole agreement of the parties with respect to the subject matter hereof. This Agreement shall supersede all previous communications, representations, or agreements either verbal or written between the parties hereto. 4.3 The fact that any portion of this Agreement may be held to be unenforceable shall not affect the enforceability of the remaining portions thereof. 4.4 This Agreement cannot be modified or revoked except by an instrument in writing signed by Fraser and Hooker or the then owner of the Hooker Property or that portion thereof as to which the modification or revocation relates. 4.5 This Agreement may be executed in counterparts, and upon execution of such counterparts by all parties, this Agreement shall be binding upon the parties as if each had executed a single original. Facsimiles of original signatures and of executed counterparts shall be treated as originals. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures. -3- . . HOOKER Harry V. Hooker, Jr., Trustee STATE OF ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 1998, by Harry V. Hooker, Jr., Trustee. Witness my hand and official seal. My commission expires: (SEAL) Notary Public FRASER TOWN OF FRASER, a municipal corporation of the State of Colorado BY: Mayor ATTEST: Town Clerk (SEAL) -4- . . STATE OF COLORADO) ) SS COUNTY OF GRAND ) The foregoing instrument was acknowledged before me this _ day of , 1998, by Jeff Johnston, as Mayor, and Virginia Winter, as Town Clerk, of The Town of Fraser, Colorado, acting by and through its Board of Trustees. Witness my hand and official seal. My commission expires: (SEAL) Notary Public -5- ýÿ . . EXHIBIT A PROPERTY DESCRIPTION - HOOKER PROPERTY A part of the Northeast one-quarter Southwest one-quarter (NEl/4SWl/4) of Section 20, Township 1 South, Range 75 West of the 6th P.M., described as follows: Beginning at the point where the Northerly right of way line of U.S. Highway No. 40 intersects the South line of said Northeast one-quarter Southwest one-quarter (NEl/4SW1/4) whence the South one-quarter comer of said Section 20 bears South 22018' East, 1,427.1 feet; thence North 89042' East, along the South line of said Northeast one-quarter Southwest one- quarter (NEl/4SWl/4), 417.5 feet; thence North 65031' West, parallel with said highway right of way line, 497.8 feet; thence South 89042' West, parallel with the South line of said Northeast one-quarter Southwest one-quarter (NEl/4SWl/4), 417.5 feet to a point on said highway right of way line; thence South 65031' East, along said right of way line, 497.3 feet to the Point of Beginning. County of Grand, State of Colorado. -6- ýÿ El5/1'3/1'3'3B 15:4'3 21 El4'3257B4 HOOKER CONTRACTING PAGE 61 . . ~ 1)- . . . ~ arry'V. H..' , Jr., Trustee STATE OF T:.::f.~ S' ) ) S5 COUNTY UP Be~" 2- ) The foregoing instrumenl was acknowledpd beforo me this ~ day of V'A 11 Y J 1998, by Hany V. Hooker, lr., Trustee. Witness my hand and official seal. My commission expires: '- I(Rt8T'lt$HOP ~ tT_~ (SEAL _'=am I ___...._ . ,.:..0 PRASBR TOWN OF FRAsER, . municipal corpcntion of the State of Colorado BY: Mayor A Tl"BST: Town Clerk (SEAL) -4- , . . TOWN OF FRASER ORDINANCE NO. AN ORDINANCE APPROVING AN AMENDEP ANNEXATION AGREEMENT FOR THE HOOKER PROPERTY. WHEREAS, the Board of Trustees of the Town of Fraser, Colorado, by Ordinance No. 99, heretofore entered into an Agreement (the "Prior Annexation Agreement") with winter Park Ranch, Inc. , a Colorado corporation, relating to the property commonly known as the Village at winter Park Ranch located in the Town of Fraser, County of Grand, State of Colorado, a copy of which is attached to the PUD Special Use Permit recorded March 26, 1982 at Reception No. 192220 of the records in the office of the Clerk and Recorder of Grand County, Colorado, as modified by the Modification Agreement recorded on November 5, 1993 at Reception No. 93011255 of said records in the office of the Clerk and Recorder of Grand County, Colorado; and WHEREAS, Harry V. Hooker, Jr., Trustee ("Hooker"), is the current fee owner of a portion of said Village at Winter Park Ranch property, as described on Exhibit "A" attached hereto and incorporated herein by this reference (herein referred to as the "Hooker property"), and it has succeeded to all rights, privileges and obligations of Winter Park Ranch, Inc. and all subsequent owners under said Prior Annexation Agreement with respect to the Hooker Property; and WHEREAS, the Board of Trustees and Hooker wish to enter into an Amended Annexation Agreement for the Hooker Property, to confirm certain terms and conditions relating to the future use and development of said Hooker Property; and WHEREAS, upon becoming effective, said Amended Annexation Agreement for the Hooker property will supercede and replace the Prior Annexation Agreement as it relates to said Hooker Property. 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 Annexation Agreement for the Hooker Property, dated May 20, 1998, between Hooker and the Town of Fraser, is reasonable and in the best interests of the citizens and residents of the Town of Fraser. ýÿ . . Section 2. The Board of Trustees hereby approves said Amended Annexation Agreement for the Hooker Property and authorizes the Mayor (or Mayor Pro-tem) 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- . . . . EXHIBIT A PROPERTY DESCRIPTION - HOOKER PROPERTY A part of the Northeast one-quarter Southwest one-quarter (NEl/4SWl/4) of Section 20, Township 1 South, Range 75 West of the 6th P.M., described as follows: Beginning at the point where the Northerly right of way line of U.S. Highway No. 40 intersects the South line of said Northeast one-quarter Southwest one-quarter (NE1/4SW1/4) whence the South one-quarter comer of said Section 20 bears South 22018' East, 1,427.1 feet; thence North 89042' East, along the South line of said Northeast one-quarter Southwest one- quarter (NEl/4SWl/4), 417.5 feet; thence North 65031' West, parallel with said highway right of way line, 497.8 feet; thence South 89042' West, parallel with the South line of said Northeast one-quarter Southwest one-quarter (NEl/4SW1I4), 417.5 feet to a point on said highway right of way line; thence South 65031' East, along said right of way line, 497.3 feet to the Point of Beginning. County of Grand, State of Colorado. -3- ýÿ . . . . 'l'OWN OF FRASER ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 107 TO REVOKE THE PUD SPECIAL USE PERMIT, PUD PLAN AND SUBDIVISION EXEMPTION FOR THE HOOKER PROPERTY. WHEREAS, the Board of Trustees of the Town of Fraser, COlorado, by Ordinance 107, heretofore approved a PUD Plan and the issuance of a PUD Special Use Permit for the property commonly known as The Village at Winter Park Ranch located in the Town of Fraser, County of Grand, State of COlorado, as more particularly described in the PUD Special Use Permit recorded March 26, 1982 at Reception No. 192220 of the records in the office of the Clerk and Recorder of Grand County, Colorado; and WHEREAS, said Ordinance No. 107 and Resolution No. 1982-3-1 of the Fraser Board of Trustees also provided for the grant of a subdivision exemption with respect to said property; and WHEREAS, said approved PUD Plan consists of an Agreement (the "Prior Annexation Agreement") entered into between the Town of Fraser and Winter Park Ranch, Inc., a Colorado corporation, the former owner of said property, a copy of which is attached to the PUD Special Use Permit for the Property which was issued pursuant to said Ordinance 107; and WHEREAS, said Prior Annexation Agreement and the PUD Special Use Permit were later modified by the Modification Agreement recorded on November 5, 1993 at Reception No. 93011255 of said records in the office of the Clerk and Recorder of Grand County, COlorado, which Modification Agreement was approved and authorized pursuant to Ordinance Nos. 201 and 202; and WHEREAS, Harry V. Hooker, Jr., Trustee (UHookerU), is the current fee owner of a portion of said Village at Winter Park Ranch property, as described on Exhibit "A" attached hereto and incorporated herein by this reference (herein referred to as the "Hooker Property"), and it has succeeded to all rights, privileges and obligations of Winter Park Ranch, Inc. and all subsequent owners under said Prior Annexation Agreement and the PUD Special Use Permit with respect to the Hooker Property; and . . . WHEREAS, Hooker and the Town of Fraser have entered into an Amended Annexation Agreement for the Hooker Property, dated May 20, 1998, wherein Hooker has agreed that said PUD Special Use Permit, PUD Plan and subdivision exemption should be revoked and rescinded with respect to the Hooker Property, and that such property should thereafter be governed by the zoning, subdivision and other ordinances and regulations of the Town; and WHEREAS, a public hearing on such proposed revocation of the PUD Special Use Permit and PUD Plan was called and held on May 201 1998, in accordance with the requirements of C.R.S. 24-67-106(3)(b) and the Fraser PUD Ordinance. 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 revocation, removal and release of the PUD Special Use Permit and PUD Plan with respect to the Hooker Property, as approved herein, is consistent with the efficient development and preservation of the entire planned unit development, does not affect in a substantially adverse manner either the enjoYment of land abutting upon or across a street from the planned unit development or the public interest, and is not granted solely to confer a special benefit upon any person. The Board of Trustees hereby further finds that said revocation, removal and release of the PUD Special Use permit and PUD Plan with respect to the Hooker Property is in substantial conformance with the Comprehensive Plan (also sometimes known as the Master Plan) of the Town of Fraser, as amended, and is in the best interests of the citizens and residents of the Town of Fraser. Section 2. The Board of Trustees hereby approves and orders the revocation, removal and release of said PUD Special Use Permit and PUD Plan and the revocation and recission of the subdivision exemption provided in Ordinance No. 107 and Resolution No. 1982-3-1, as they relate to the Hooker Property, and said Ordinance No. 107 and Resolution No. 1982-3-1 are hereby amended to that effect. Section 3. Any provisions of Ordinance No. 107 or Resolution No. 1982-3-1 and any and all other existing ordinances and resolutions or parts of ordinances and resolutions of the -2- ~ . . Town of Fraser which are 'inconsistent with the provisions of this Ordinance are hereby repealed to the extent, and only to the extent necessary to eliminate such inconsistency. Section 4. 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. 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. -3- ýÿ . ~ . . EXHIBIT A PROPERTY DESCRIPTION - HOOKER PROPERTY A part of the Northeast one-quarter Southwest one-quarter (NEl/4SWl/4) of Section 20, Township 1 South, Range 75 West of the 6th P.M., described as follows: Beginning at the point where the Northerly right of way line of U.S. Highway No. 40 intersects the South line of said Northeast one-quarter Southwest one-quarter (NE1/4SW1/4) whence the South one-quarter comer of said Section 20 bears South 22018' East, 1,427.1 feet; thence North 89042' East, along the South line of said Northeast one-quarter Southwest one- quarter (NEl/4SWl/4), 417.5 feet; thence North 65031' West, parallel with said highway right of way line, 497.8 feet; thence South 89042' West, parallel with the South line of said Northeast one-quarter Southwest one-quarter (NEl/4SW1I4), 417.5 feet to a point on said highway right of way line; thence South 65031' East, along said right of way line, 497.3 feet to the Point of Beginning. County of Grand, State of Colorado. -4- ýÿ . . C. E. Clayton P. O. Box 87 Fraser, Colorado 80442 May 19, 1998 Honorable Mayor Board of Trustees Town of Fraser We would like for you to consider our trading Lot 1, Parcel C, Trout Lake Subdivision for the extension of the water main, finishing Clayton Drive and my other obligations to the town, in exchange for all the land, bike paths and easements we have given to the town. We believe this will make a better and cleaner town. We appreciate you considering the fact that we have always given the town what they have asked for and this is the first time we have asked the town for anything. Sincerely, Charles and Elsie Clayton -U~~ ~~1' ~+