HomeMy Public PortalAboutTBP 1998-05-20
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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
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3. Open Forum
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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
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7. Staff Choice ~ (;?C..I,.)?~ L
v:la,t. ~ ~
8. Board Choice te,~~ ,+#Jf.i<< '
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~\'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.
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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.
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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
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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 . . --
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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.
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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
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Subject: Cactus Needle training and demolitiOn bum
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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$tion as possible. I would estimate'this PJlase would
take one hour. - ~''':'' '~~'::f,:,~;'>;~:,!>,\.-i-> ':'::~~" ...:'~: .'.::
The last phase will begro 'Yiten the building is':otitb~~~:~~ l~r. or bulld~~;:PIOri~ by the
owner can work the debri~into a pile and let itlini~bumin,~_'fhispbase couldIast for a IlUinber of hours
and produce varyirig amoiults of smoke.' . Once thepi1e.isbufnedo~ and cooled ~wn (he-owner would be
responsible for hauling it oft and re~ing'ofthe site:" . .
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The fire department win establish a tanker sh~tile using an~pp;opriate fire hYdrant and set up drop tanks at
the bum site. We would fi1l'the tanks and send the tankers bac,k to be refi11eq before starting any training
fires. We would maintain ourp.-esence until the pile was pushed upanifihen the whole site would be
turned over to the owner and contractor. '. " "" ,
Thank you,
- .::?"" ,? ~ _....~.
.:::-.-.-( . -;/" " .v-,. ...
~/ ~.u.._._:r
Todd HOIzw~. fuFPD#4
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. BAKER, CAZIER AND McGOWAN
Q//~~ ~~r.4
OF PROFESSIONAL CORPORATIONS 62495 U$- 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
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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" .
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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
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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
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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.
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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.
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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 -
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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.
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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
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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
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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
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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
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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
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---
, . .
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
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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)
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. .
.
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.
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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.
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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
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. . .
^
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.
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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.
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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.
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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?:)
. !
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.
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
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.
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)
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. . . .
. 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
.
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, . . .
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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-
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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
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, , . .
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.
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. .
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
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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.
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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)
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. .
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
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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.
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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 ___...._
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PRASBR
TOWN OF FRAsER, . municipal
corpcntion of the State of Colorado
BY:
Mayor
A Tl"BST:
Town Clerk
(SEAL)
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, .
.
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.
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. .
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.
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. . . .
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.
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. . . .
'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
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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.
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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.
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. .
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
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