HomeMy Public PortalAboutTBP 2000-07-19
I
~ II
TOWN OFFRASER ' '
. "Icebox of the Nation"
P,O, Box 120 /153 Fraser Avenue
. Fraser, Colorado 80442
(970) 726-5491
. FAX Line: (970) 726-5518 " ,
E-Mail: fraser@rkymtnhLcom
TOWN BOARD AGENDA ~
RECULAR MEETING
JULY 19,2000, 7:30 p.m.
1. Roll Call
2, Approval of 7/5/00 minutes
"
J. Open Forum '
4, Public Hearings ' '
5, Action Items , '
. ' a) ,Final'Plat: Pine Tree Plaza of Fraser
b) Recommendation on a req'u'est' for two zoning code variances from
pat and Christy Taylor, -,
6. Discussion Items ", ,
, a) Mayor / Board I Town Manager relationships
7, Staff Choice
8' Board Choice .
Upcoming Meetings,
,Wednesd~y, July'26th: Planning COmnUssion regular meeting ,
Monday, August 318t: Town Board retreat
Wednesday, August-2nd: Town Board regul~ meeting , ..,
Wednesday August 16th:: ," , 'Town Board regular meeting
Wednesday, August 2,3rd: Planning Gommission regular meeting'
I.
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TOWN BOARD
JULY 5, 2000
The regular meeting of the Town Board was called to order at 7:30 p.m. Board present
were Mayor Soles, Larson, Shapiro, Manly, Wirsing, Klancke, and Rantz. Staff present
were Reid, Durbin and Havens.
Klancke made a motion to approve the 6/21/00 minutes, 2nd Wirsing, carried.
UPDATES
Jim Sheehan gave an update on the FoxRun project.
ACTION ITEMS
Anderson and Sons Business Center & Condominiums- Final Plat
Durbin briefed the Board regarding the proposal. Ron Anderson was present to answer
questions the Board had. Manly made a motion to approve the final plat with the
following conditions:
1. Compliance with requirements from Town engineer, Town Attorney and
staff.
2. Include provisions in the covenants restricting uses to residential only on the
2nd floor and commercial on the first floor. All uses on the first floor are
subject to development permit review and Planning Commission
consideration ( this provision shall also be included in the covenants).
3. Provision of an additional parking space on-street ( or compensate Town for
said installation).
4. Provision of a landscape plan and maintenance provisions.
Motion 2nd by Larson, carried.
Board held discussion regarding the plat procedure. Board asked that plats come before
the Board without conditions.
Fire Ban Resolution
Fire Ban Resolution discussed. Wirsing made a motion to approve Resolution 7-1-2000
with a couple of corrections as discussed, 2nd Shapiro, carried.
DISCUSSION ITEMS
Raymond Sponder, builder of MH 100 Condominiums questioned the Board about
housing fees. He presently has an approved 3 unit plat and building permit, but needs to
chan~e the plan to 4 units. Board advised that housing fees would be charged only on
the 4t unit.
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Board discussed the Development permit process. Larson made a motion to direct the
Planning Commission to review the design standards for the downtown area, 2nd Klancke,
carried.
Rantz made a motion to hold an executive session regarding a personnel issue 2nd
Wirsing, carried. 9:15 p.m.
Wirsing made a motion to come out of executive session at 9:45 p.m., 2nd Klancke,
carried.
STAFF CHOICE
Reid discussed Koebel building portions of the water system and coordination of
engineers. Direction was given that Fraser will construct the water system.
Reid, Durbin and Havens discussed various Statewide initiatives.
No further business, meeting adjourned at 10:15 p.m.
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. I TOWN OF FRASER, COLORADO ]
SUBDIVISION IMPROVEMENTS AGREEMENT
BETWEEN
THE TOWN OF FRASER
AND
MARYVALE VILLAGE, LLC
PERTAINING TO:
EAST MOUNTAIN FILING I
TOWN OF FRASER
GRAND COUNTY, COLORADO
SUBDIVISION IMPROVEMENTS AGREEMENT
. This Subdivision Improvements A~reement ("Agreement") is made and entered
into by and between the TOWN 0 FRASER, a Colorado municip-al cOqJoration
("Town") and MARYV ALE VILLAGE, LLC, a Colorado limited liability
company ("Subdivider"). This Ar,reement shall be effective following execution
by tlie Subdivider and immediate f upon ~roval b~ the Fraser Town Board as
evidenced bI: the signature of the own's ayor or ayor Pro Tern on the date
indicated be ow.
1. Recitals. The parties agree that each of the following statements is true and
is a material part of this Agreement:
A. Subdivider represents that it is the sole owner of the real property
described in the attached Exhibit A ("Property"), and has obtained approval
from the Town to subdivide said property for a new subdivision to be
known as East Mountain - Filing 1 SubdIvision, ("Subdivision").
B. Pursuant to the Town's subdivision regulations, the finalllat of the
subdivision cannot be recorded until the Suodivider has entere into an
Agreement with the Town concerning the construction of the public
improvements within the East Mountain Filing I subdivision. A co~ of the
final plat and the accom~anyin~ documents and plans are available or
inspection at the Fraser own all Offices during regular business hours.
The final plat and the accompanying documents and plans (the "Final Plat
.
2000-07 -27 Page 1 of 16
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. Documents'2' as approved by the Town, are incorporated into this
Agreement or all purposes including illustration and interpretation of the
terms and conditions of this Agreement.
C. The Town seeks to protect the health, safety and general welfare of
the community by re~uiring the completion of various imQrovements within
the Subdivision and t ereby limiting the harmful effects of substandard
su bdi visions.
D. T~e pUilio~e. ~f th!s Agreement i~ to Nrotect the Town from the cost of
completIng su dIvIsIon Improvements ltse .
E. As consideration for the approval by the Town of the final plat for the
Subdivision, Subdivider agrees to construct certain hereinafter described
public improvements withIn the Subdivision in accordance with, and subject
to, the terms, conditions and requirements of this Agreement. The parties
hereby acknowledge the sufficiency and adequacy of said consideration.
2. Construction Of Public Improvements. The Subdivider agrees to construct,
at its sole cost, those Jiublic improvements (includin3 re~ired utility
services) for the Sub ivision as listed on the attache Ex ibit B, as
described on the attached Exhibit C, and as identified on the Final Plat
Documents ("I~rovements ''). The Improvements shall be constructed
strictly in accor ance with the Town drproved plans and specifications for
the Subdivision. In addition, the Sub lvider shaliErovide the Town: (a)
. adequate assurance by a registered engineer that construction done
pursuant to this Agreement has been completed substantially in accordance
with the approved plans and specifications for the SubdivisIOn; and (b) "as-
built" drawIngs for all the Improvements before preliminary acceptance by
the Town.
3. Timetable For Construction Of Public Improvements.
3. 1 Construction Schedule. Subdivider shall construct the
Improvements in strict accordance with the schedule described on the
attached Exhibit D. Any failure by the Subdivider to commence or
complete the construction of the ImKrovements in strict compliance
with the schedule established in Ex ibit D shall constitute a default
by Subdivider and shall entitle the Town to Aroceed in accordance
with the provisions of Paragraph 14 of this greement. Subdivider
shall not cease construction activities for any period of more than
thirty (30) consecutive days, without the Town's prior written
approval.
3.2 Subdivider's Obli~ation Not Contingent. The Subdivider's
obligation to cOffi-Iete t e Imhrovements shall arise upon the
recording of the mal Qlat of t e Subdivision, shall be Independent of
any obligations of the Town contained herein, and shall not be
conditioned on the commencement of construction or sale of any lots
. or improvements within the Subdivision.
Page 2 of 16
2000-07-27
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. 3.3 Force Majeure and Seasonal Constraints. If the Subdivider is
rendered unable to ferform, in whole or in part, because of acts of
God, strikes, acts 0 public enemies, wars, msurrections, civil
disturbances, riots, landslides, earthquakes, fires, storms, floods, or
other such events be~ond Subdivider's control, the obligations of this
Agreement, the Sub ivider's obligations shall be suspended during
the continuance of any inability so caused, but for no longer. No
cessation of any activIty for seasonal construction constraints shall
cause a violation of this Section 3.
4. Construction Standards. The Improvements shall be constructed in
accordance with the Final Plat Documents and, to the extent not otherwise
Erovided in such Final Plat Documents, in accordance with all aphlicable
aws, ordinances, codes, regulations and standards applicable in t e Town.
5. Quality Of Construction: Warranty.
5.1 Quality Of Construction. The construction of the
Improvements shall be done in a good and workmanlike manner.
5.2 Warranty. The Subdivider warrants that all Improvements
shall remain free from defects for a period of one (1) year from the
date that the Town preliminarily accepts the Improvements as
provided in Para&raph 10 of this Agreement. During such one (1)
. Lear period any efect determined to exist with respect to such
mprovements shall be repaired or the Imarovement replaced, at the
Town's option, at the sole cost of the Sub ivider. Town shall have no
obligation with respect to the Improvements, exce~ for snow
plowing, until th~ have been finallt accepted by t e Town in
accordance with ubpar~raph 10. he Subdivioer shall maintain, in
a reasonable, suitable an proper condition for travel, ingress, and
egress, all streets located withm the subdivision until such time as the
streets are accepted for maintenance by the Town.
5.3 Notice Of Default: Cure Period. Except as provided in
Subparagraph 5.4 with respect to emergency repaIrs, and
Subparagraph 3.3 with res~ect to force m~eure, the Town shall
Erovide written notice to t e Subdivider i inspection reveals that any
mprovement is defective for any reason. The Subdivider shall have
thirty ~O) d:?(s from the ,i ving of such notice to remedf the defect.
Sucli t irty ( 0) dafi' time imit may be extended by the own if the
Town determines t at such defect cannot reasonaoly be remedied
within such thirty (30) day period. In the event the Subdivider fails to
remedt' the defect within the thirtf (30) day period, or an~ extension
thereo granted by the Town, the own may declare a de ault under
this Agreement without further notice. No notice shall be required
with respect to emergency repairs except as provided in Subparagraph
5.4.
. Page 3 of 16
2000-07 -27
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. 5.4 Emergency Repairs. If at any time it appears that the
Improvements may be significantly damaged or destroyed as a result
of a bona fide emergency, an act of god, or due to construction
failure, the Town snaIl have the right, but not the duty, to enter upon
the Property and ~erform such repairs and take such other action as
may be reasonab y required in the Town's judgment to protect and
~reserve the Improvements. Town shall have no duty to ins'Pect the
roperty to identify emergency situations which may arise. rior to
or concurrent with, or immediately following taking any action
pursuant to emergencb repairs, the Town shall make a reasonable
effort to locate the Su divider and advise it of the existence and
nature of the emer3enc&. The reasonableness of Town's efforts to
locate the Subdivi er s all be determined based uRon the nature of
the eme~encl and the Town's efforts to locate ana notify the
Subdivi er. I , after reasonable efforts, the Subdivider cannot be
located, the Town shall have the right to enter the Propertl and
Rerform any needed emergency re~airs as herein provIde , and, {pon
aemand, the Subdivider s all reim urse the Town for the costs 0
such emer~ency repairs. Failure of the Subdivider to )~ to the Town
the costs 0 such emergen2; repairs within fifteen ~ 5 ays after
demand shall constitute a efault as provided in Su paragraph 12.H
of this Agreement. '
6. Compliance With Law.
. 6.1 Compliance With Law. When fulfilling its obligations under
this Agreement the Subdivider shall comply with all relevant laws,
ordinances, and regulations in effect at tile time of final plat approval.
The Subdivider shall also be subject to laws, ordinances and
regulations that become effective after final plat approval to the
extent permitted by applicable Colorado law.
7. Transfer Of Title To Improvements.
7.1 Dedication On Plat. The Subdivider shall dedicate such of the
Improvements as may be re~uested by the Town, by apprSbriate
la~uage on the face of the mal Jlat of the SubdivIsion. uch
de IcatlOn shall be made free an clear of all liens, encumbrances and
restrictions, exce~ for the permitted exceptions shown on the
attached Exhibit which are the same or fewer than those identified
in the statement of ownership and encumbrances provided.
7.2 Conveyance Of Improvements Other Than By Dedication On
Plat. As to an& of the Improvements which have not previously been
dedicated on t e final ~lat of the Subdivision, such Improvements
shall be conveyed to t e Town, or other appropriate entity, by general
warranty deed ~if real estat~ or by bill of sale with full warranty of
title (if persona &roperty), ree and clear of all liens, encumbrances
and restrictions except for pennitted exceptions shown on Exhibit
E), upon the detennination of the Town's staff that such
. Page 4 of 16
2000-07-27
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. Improvements have been satisfactorily completed and that acceptance
of such Improvements by the Town is proper and in accordance with
the 8rovisions of Paragraph 10. Convetance of such Imgrovements
sha be made by an instrument accepta Ie as to form an substance
by the Town AttorndY' and shall be accompanied by a ~olic~ of title
insurance as require by the Town's regulations, if app icab e.
8. Performance Guarantee. The estimated cost of constructing the
Imgrovements) as determined by a licensed engineer selected by the
Su divider, wIth the Town's ~proval, is $ (See the attached
Exhibit 9, Pursuant to the own's subdivIsIOn regulatIOns, the Subdivider
is require to furnish collateral to insure comQletion of the Im~rovements, in
an amount not less than one hundred, twenty five percent bl2 %) of the
estimated costs of all Imgrovements. Accordingly, the Su divider has
posted the followin5b wit the Town's approval as a guarantee of the
performance of its 0 ligations hereunder, including ItS obligation with
re~ect to the one year warranty period provided for in Subparagraph 5.2
(" erformance Guarantee").
( ) A cash bond in the amount of $
(X) An irrevocable Letter of Credit issued by a qualified California
lendinj institution acceptable to the Town in the amount of
$7,68 ,831d such letter of credit shall be substantially in the
form provi ed on the attached Exhibit F.
. ( ) Other: Agreement To Provide Alternative Security For
SubdivisIOn Improvements, a copy of which is attached as
Exhibit G.
Such Performance Guarantee shall remain in effect and shall be
renewed by the Subdivider as necessary until released by the Town in
accordance with the~rovisions of Paragraph 9 of this Ateement. All
re~uired renewals 0 such Performance Guarantee shall e obtained by the
Su divider and filed with the Town not later that sixty (60~ d~s prior to the
expiration or termination of the then current Guarantee. T e own shall use
the Performance Guarantee, or any funds realized from the Performance
Guarantee, for the purposes of completing the Improvements, correcting
defects in or assocIateo therewith, includmg actual legal and engineering
expenses reasonably incurred by the Town.
9. Release Of Performance Guarantee.
9.1 When Released. The Subdivider's Performance Guarantee
described in Paragraph 8 shall be released and returned to the
Subdivider, without mterest thereon, only at such time as the Town
reasonably determines, that all of the Improvements have been
properly constructed or installed, andlreliminarily accepts them, and
the one year warranty period provide for in Subpar'!firaph 5.2 has
. expired and the Improvements are finally accepted. he Town may,
Page 5 of 16
2000-07 -27
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. upon the request of the Subdivider made in accordance with
Subparagraph 9.2, and subclect to the reguirements of said
Subparagraph, hartia~ re ease the Performance Guarantee so long as
the amount of t e Pe ormance Guarantee at all times equals or
exceeds one hundred twenty-five percent (l25%~ of the estimated
cost to complete the remaining ImrErovements. here shall be no
reduction in the amount of the Pe ormance Guarantee if the
Subdivider is in default under this Agreement.
9.2 Request For Partial Release Of Performance Guarantee.
Subdivider mer;, make periodic requests for the partial release of the
Performance uarantee in accordance with the provisions of this
Subfara~raph 9.2. All such requests shall be in writi9t to the Town,
shal be or a reduction of at least twenty percent ~O 0) of the total
original Performance Guarantee, or any multiple t ereof, and shall be
accompanied by an invoice(s) for the portion of the work reflected in
the request. No more than one re~est for a partial release of the
Performance Guarantee may be su mitted each month. The final
twenty Jercent ~20% ~ of the Performance Guarantee may not be
release until al of t e Improvements have been prelirmnarily
accepted, and the one-rear warrantt period has run and the
Improvements are fina ly accepted y the Town.
10. Acceptance Of Improvements. Final acceptance of the Improvements by the
Town shall occur, and evidenced by written notification from the Town
. Manager. The Town shall not be re~uired to acce~t any of the
Improvements until the Town's staf determines t at:
A. The Improvements have been satisfactorily. completed in
accordance with the approved plans and specifications for the
Improvements;
B. The Subdivider has delivered to the Town the as-built
drawings as required by Paragraph 2; and
C. As to ans\ of the ImKrovements not dedicated on the face
of the final plat, the ubdivider as delivered to the Town instruments
conveying such Im1povements to the Town or other appropriate entity
in accordance with aragraph 7, together with a policy of title
insurance demonstrating to the satisfaction of the Town Attorney that
the Town or other entity is or will be the owner of such Improvements
free and clear of all liens, encumbrances or other restrictions (except
for those permitted title exceptions as shown on Exhibit E).
Preliminary acceptance of the Improvements does not constitute a
waiver by the Town of the right to draw on the Performance Guarantee to
remedy any defect in or failure of the Improvements that is detected or
which occurs after preliminary acceptance, but prior to final acceptance of
.
2000-07-27 Page 6 of 16
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. the Imgrovements, nor shall such preliminary acceptance operate to release
the Su divider from its warranty as herein providea.
Accegtance of the fublic right-of-way for snow maintenance shall not
occur until ctober, 200 . Until such time, Subdivider shall be responsible
for snow maintenance.
11. Payment In Lieu of Dedications. Subdivider agrees to make anf' and all
payIJlents in lieu of dedications Frior to the Town's execution 0 its approval
on the final glat. The amount 0 such payment shall be as calculated on the
attached Ex ibit H.
12. Default. The followin3 conditions, occurrences or actions shall constitute a
default by the Subdivi er under this Agreement:
A. The Subdivider's failure to commence construction of the
Improvements within the time specified in Exhibit D;
B. The Subdivider's failure to co~lete construction of the
Improvements within the time specified in xhibit D;
C. The Subdivider's failure to construct improvements in
. accordance with the approved plans and specifications for the
Improvements and this Agreement;
D. The Subdivider's failure to cure defective construction of
an~ improvement within the applicable cure period as provided in
Su paragraph 5.3;
E. The Subdivider's failure to perform work within the
Subdivision for a period of more than th1nY (30) consecutive days
without the prior written approval of the Town;
F. The Subdivider's insolvency, the aKPointment of a
receiver for the Subdivider or the fi1in~ of avo untary or involuntary
petition in bankruptcy respecting the ubdivider;
G. Foreclosure of any lien against the Property or a ~ortion
of the Prope~ or assigI!ment or convei1ance of all or part of t e
Property in lieu of foreclosure prior to mal acceptance of the
Improvements by the Town as provided in Paragraph 10;
H. The Subdivider's failure tOlay to Town upon demand
the cost of emergency repairs performe in accordance with
Subparagraph 5.4 of this Agreement; or
. Page 7 of 16
2000-07 -27
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. I. Subdivider's violation of any provision of this
Agreement, the Town's subdivision, zonmg, or land use regulations.
The Town may not declare a default until fifteen (15~ days' advance
written notice has been given to the Subdivider; provided, owever, that
such notice shall not be required with res~ect to anh defective construction
for which a thit:t)' (30) days' notice of rig t to cure as been given in
accordance with Subparagraph 5.3 hereof.
13. Measure Of Dama~es. The measure of damages for breach of this
Agreement by the ubdivider shall be the reasonable costs of obtaining the
aPRrocflriate performance ~arantee funds and completing the Improvements,
inclu ing design, engineering, legal and inspection costs. For
Improvements upon which construction has not begun, the estimated cost of
the Improvements as sUP81ied by Subdivider ~ursuant to Paragraph 8 and
shown on Exhibit C sha be pnma facie evi ence of the cost of
com~letion; however, neither that amount nor the amount of the
Per ormance Guarantee establishes the maximum amount of the
Subdivider's liabili~. The Town shall be entitled to, but not obligated to,
complete all unfinis ed Im~rovements after at the time of default regardless
of tlie extent to which deve opment has taken place in the Subdivision or
whether development ever commenced.
. 14. Town's Rights U~on Default. In the event of default the Town shall have
the followmg rig ts:
A. The Town Manager may stop work on the Improvements
until a schedule and agreement on comphance for construction has
been reached.
B. The Town may, but shall not be required to, have the
Improvements constructed by such means and in such manner as the
Town shall determine, without the necessity of public bidding.
C. If the Town elects to have the I~rovements constructed,
it shall have the right to use Subdivider's Per ormance Guarantee to
~ay for the construction of such Improvements. If the amount of the
erformance Guarantee exceeds the costs of obtaining the
performance guarantee funds and constructing the Improvements as
set forth in Para~aph 13 hereof the Town shall deliver any excess
funds to the Subaivider. If the Performance Guarantee is insufficient
to fully pay such costs, the Subdivider shall, u~on demand, paa such
deficiencfi to the Town, together with interest t ereon as provi ed in
Paragrap 15.
D. The Town may exercise such rights it may have under
. Colorado law, including, without limitation, the right to bring suit
Page 8 of 16
2000-07-27
. afainst the Subdivider for injunctive relie~ for specific performance
o this ~eement, or to recover damages or the breach by the
Subdivi er of this Agreement.
E. The Subdivider hereby grants to the Town, its
successors, assigns, agents, contractors and employees, a non-
exclusive. right a~d e.a~ement to en~er the Pro~erty for the purposes of
constructmg~ mamtam.m~ and repaInng any mprovements pursuant
to the prOVISIOns of thIS aragraph 14.
F. In addition to any remedies provided for herein, or by
law or equity, while the SubdIvider is in oefault under this Agreement
the Town may refuse to issue building permits for the SubdiVIsion
and the SubdIvider shall have no right to sell, transfer or otherwise
convey lots or homes within the su division without the express
written approval of the Town. If the Town elects not to groceed with
completion of the Im~rovements~ the Town Board mah, y resolution,
vacate any portion 0 the SubdiVIsion Plat for which t e
Improvements have not been completed.
G. The remedies provided for herein are cumulative in
nature.
. 15. Interest. Any sum which is required to be paid by the Subdivider to the
Town under this Agreement and which is not timely paid shall accrue
interest at eighteen percent (18%) per annum commencing as of the date
such sum was due.
16. Public Utilities. The Subdivider shall8:Y all installation char~es for
lighting, electricity, natural gas, and ca Ie television required or the
SubdiVIsion. All utility lines shall be placed underground in accordance
with applicable Town requirements.
17. Relocation of Utili Lines and Easements and Oversizin . The Subdivider
s a ear a costs assocIated WIt re ocatll~ any water, sewer, electrical,
gas or cable television lines and providing or res~ective easements for
construction of same within and outside of the Su division. No oversizing
is required.
18. Debris. The Subdivider shall take all steps necessary to limit and Erevent
the accumulation of, and to remove accumulated, mud, sediment, irt, trash
and other debris that is carried onto public property or off-site onto private
property during construction of said improvements. Such obligation shall
continue until all Improvements within the subdivision are completed. If
the Subdivider fails to remedy any conditions caused or wnerated by the
development of the SubdiviSIOn as contemplated by this aragraph within
24 hours of oral or written notice by the Town, the Subdivider agrees to pay
.
2000-07 -27 Page 9 of 16
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. upon demand to the Town anN costs reasonably incurred by the Town in
remedying such conditions. othing herein shall obligate the Town to
remedy any such conditions, or limit the Town in its selection of the method
or manner of remedy.
19. ~ment of Fees and Char~. The Subdivider aarees to comElt with all the
or inances, rules and regu ations of the Town an shall pay a ees and
other charr,es in a timely manner as required by the Town, including but not
limited to uilding permit fees, inspection fees, and tap fees imgosed by
Town ordinance, resolution or motion, or by the terms and con itions of this
Agreement.
20. Landscaping Improvements. The Subdivider shall install at its own eXJense
and at no cost to the Town, all landscaping as depicted on the apKrove
landscasing !hlan. All landscaping that dies within one (1) year s all be
re~lace by t e Subdivider at Its sole cost, and shall be re~uired to live for
at east one (1) year from the time it is replanted. Subdivi er's obligations
under this Paragraph shall be guaranteed as part of the Improvements.
21. Erosion Control. The Subdivider shall comply with all applicable erosion
control measures specified in the final plat ana the accompanying
documents and plans.
. 22. Contracting Licensing. Before proceeding with any of the work
contemplated herein, the Subdivider shall ensure diat all contractors and/or
subcontractors employed by the Subdivider shall have paid for and obtained
an appropriate busmess license and other taxes or fees to the Town before
commencing work on any of the Improvements.
23. No Third Party Beneficiaries. It is expressly understood and agreed that
enforcement of the terms and conditions of this Ay,reement, ana all ~hts of
action relatin~ to such enforcement, shall be strict y reserved to the own
and the Sub ivider, and nothing contained in this A~reement shall ~ve or
allow any such claim or right of action br; an~ other t ird person on t is
Agreement. It is the express intention 0 the own and the Subdivider that
any person other than tile Town or the Subdivider receiving services or
benefits under this Agreement shall be deemed to be an incIdental
beneficiary only.
24. Form of Payment of all Fees and Charges. Unless otherwise agreed to bt
the Town Manager on a case by case basis, the Subdivider's pw;ment of ees
and char~es specified by this Agreement shall be made in the orm of
certified unds, cashier's check or wire transferred funds delivered to the
Town Manager or his or her designee, or to accounts identified by said
person.
25. Attorney's Fees. It is agreed that if any action is brought in a court of law
by either party to this Agreement concerning the arbitration, enforcement,
. Page 10 of 16
2000-07 -27
. interpretation or construction of this Agreement, or any documents provided
for herein, the substantially ftrevailing party, either at trial or upon djpeal,
shall be entitled to reasonab e attorneys' fees, as well as costs, mclu ing
expert witness fees, incurred in the prosecution or defense of such action.
26. Indemnification. The Subdivider agrees to indemnify and hold the Town,
its officers, employees, agents and msurers harmless from and against all
liability, claims, and demands, on account of injuj;' loss or damage,
includmg, without limitation, claims arising from odily injury, personal
i~ury, sIckness, disease, death, property loss or damage, or any other loss
o any kind whatsoever, which arise out of or are in any manner connected
with the construction of the ImQrovements or other work performed upon
the Subdivision, if such inju&" loss, or damage is caused m whole or m part
by, or is claimed to be cause in whole or in part by the act, omission, error,
Srofessional error, mistake, negligence, intentional act, or other fault of the
ubdivider, any subcontractor of the Subdivider, or any officer, emfloyee,
representative, or a~nt of the Subdivider or of any sUDcontractor 0 the
Subdivider, or whic arise out of any worker's co~ensation claim of any
emIfcloyee of the Subdivider, or of any employee 0 any subcontractor of the
Su divider. The Subdivider aarees to investigate, handle, respond to, and to
provide defense for and defen against any such liabilit6" claims, or
aemands at the sole expense of die Subdivider. The Su divider also agrees
to bear all other costs and expenses related thereto, including court costs
and attorneys' fees, whether or not any such liability, claims or demands
alleged are determined to be groundless, false, or fraudulent.
. 27. No Waiver. No waiver of any hrovision of this A~eement shall be deemed
to constitute a waiver of any ot er provision, nor s all it be deemed to
constitute a continuing waiver unless expressly provided for by a written
amendment to this Agreement si~ned by both the Town and the Subdivider;
nor shall the waiver of any defau t under this Agreement be deemed a
waiver of any subsequent default or defaults of the same type. The Town's
failure to exercise any ri~ht under this Aareement shall not constitute the
approval of any wrongfu act by the Sub ivider or the acceptance of any
Improvements.
28. Vested Property Rights. This Aareement shall not alter, enlarge, extend or
modify any vested ri~ht obtaine by the Subdivider in connectIOn with the
Subdivision. The Su divider hereoy waives its rights to any claims against
the Town under Colorado vested hroperty rights statutory or common laws
if the Town suspends work or wit draws its approval because of false or
inaccurate information provided by the SubdiVIder.
29. Recordation. This Afreement and the Final Plat shall be recorded by the
Town in the Office 0 the Grand County Clerk and Recorder and the
Subdivider shall pay the Town the costs thereof uhon demand. It is the
Subdivider's obligation to prepare and submit to t e Town the final plat in a
form and upon material acceptable for recordation by the Clerk and
Recorder.
.
2000-07-27 Page 11 of 16
ýÿ
. 30. Immunity. Nothing contained in this Agreement shall constitute a waiver of
the Town's sovereign immunity under any applicable state or federal law.
31. Personal Jurisdiction And Venue. Personal jurisdiction and venue for any
civil action commenced by either party to thIS Agreement, whether arising
out of or relating to the Agreement or the Performance Guarantee, shall be
deemed to be proper only If such action is commenced in the District Court
of Grand County, Colorado. The Subdivider expressly waives its right to
bring such action in or to remove such action to any other court, whether
state or federal.
32. Code Changes. References in this Agreement to any provision of the
Town's Municipal Code or to any Town or other governmental standard are
intended to refer to any subse~uent amendments and/or revisions to such
Code or standard. Such amen ments or revisions shall be binding upon the
Subdivider.
33. Nonassignability. This Agreement may not be assigned by the Subdivider
without the prior written consent of the Town.
34. Notices. Affi notice required or pennitted hereunder shall be in writing and
shall be suf Icient if personally delivered, mailed by certified mail, return
. receipt requested, or sent by facsimile, addressed as follows:
If to the Town: Town of Fraser
Attn: Town Manager
P. O. Box 120
Fraser, CO 80442
(970)726-5491 Fax No.(970)726-5518
With copies to: Rodney McGowan, Esq.
Baker, Cazier & McGowan
62495 U.S. Hwy. 40 East
Granby, CO 80446
If to the Subdivider: Jack Bestall
KOELBEL
P.O. Box 149
Winter Park, CO 80482
(970)726-4500 Fax (970)726-7160
With copies to: Isaacson, Rosenbaum, Woods & Levy
Attn: Lawrence R. Kueter
. Page 12 of 16
2000-07-27
. 633 17th Street, Suite 2200
Den ver, CO 80203
(303)292-5656Fax: (303)292-3152
Koelbel & Co.
Attn: Tom Whyte
5291 Yale Circle
Denver, CO 80222
Notices mailed in accordance with the above provisions shall be
deemed to have been ~iven on the third business day after mailin~. Notices
Nrsonally delivered s all be deemed to have been given upon de ivery.
otices sent by facsimile shall be deemed to have oeen ~iven at the time the
transmission is received. Nothing herein shall rcrohibit t e ~ivin~ of notice
in the manner rrovided for in the Colorado Ru es of Civil roce ure for
service of civi process.
35. Entire Agreement. This Agreement constitutes the entire agreement and
understanding between the parties relating to the subject matter of this
Agreeme.nt and supersedes any prior agreement or understanding relating to
. such subject matter.
36. Severability. It is understood and agreed by the farties hereto that if any
part, term, or provision of this Agreement is hel by a court of competent
Jurisdiction to be illegal or in conflict with any law, state or federal, the
validity of the remaimng portions or provisions hereof shall not be affected,
and the rights and obliNatlOns of the harties shall be construed and enforced
as if the Agreement di not contain t e particular part, term, or provision
held to be mvalid.
37. Modification. This Agreement may be modified or amended only by a duly
authorized written instrument executed by the parties hereto.
38. Counterparts. This Agreement may be executed simultaneously in two or
more copies, each of which shall be considered an ori~nal for all purposes
and all of which together shall constitute but one and t e same instrument.
39. Binding Effect. This Agreement shall run with the Property, and shall be
binding upon, and shall Inure to the benefit of, the partIes and their
respectIve heirs, successors, assigns, and legal representatives.
40. Governing Law. This Adreement shall be interpreted in accordance with
the laws of the State of olorado.
. Page 13 of 16
2000-07-27
ýÿ
. .
. 41. Incorporation Of Exhibits. The following attached Exhibits are
incorporated herein by reference:
Exhibit A Property description
Exhibit B Public improvements list
Exhibit C Public improvements description and cost estimates
Exhibit D Public improvements completion schedule
Exhibit E Permitted title exceptions
Exhibit F Letter of credit form
Exhibit G Agree111ent fOl alternati~e security NOT APPLICABLE
Exhibit H ray lnellt in lien of dedication NOT APPLICABLE
Dated to be effective the _ day of , .
ATTEST: TOWN OF FRASER
a Colorado statutory municipal corporation
By:
Town Clerk Mayor
.
STATE OF COLORADO )
)ss.
COUNTY OF GRAND )
The foregoing instrument was acknowledged before me this _day of
, , by , Mayor, and , Town
Clerk of the Town of Fraser, a Colorado statutory municipal corporation.
WITNESS my hand and official seal.
My commission expires:
Notary Public
. Page 14 of 16
2000-07-27
.
. SUBDIVIDER
MARYVALE VILLAGE, LLC,
A Colorado limited liability company
By: CORNERSTONE WINTER PARK
HOLDINGS, LLC, a Colorado
limited liability company, Manager
By:
Name:
Title:
By: KOELBEL WINTER PARK, LLC, a
Colorado limited liability company,
Manager
By:
Name:
Title:
STATE OF COLORADO )
. City and )ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this _day of
, 2000, by as ,
on behalf of Cornerstone Winter Park Holdings, LLC, a Colorado limited liability
company, Manager of Maryvale Village, LLC, a Colorado limited liability
company.
WITNESS my hand and official seal.
My commission expires:
Notary Public
. Page 15 of 16
2000-07-27
~- ----
ýÿ
. .
. ST ATE OF COLORADO )
City and )ss.
COUNTY OF DENVER )
.......
The foregoing instrument was acknowledged before me this _day of
, 2000, by as
, on behalf of Koelbel Winter Park, LLC, a
Colorado limited liability company, Manager of Maryvale Village, LLC, a
Colorado limited liability company.
WITNESS my hand and official seal.
My commission expires:
Notary Public
.
.
2000-07 -27 Page 16 of 16
---- --- ----- ----------------------
ýÿ
'.-c
..
.
Beneficiary: Issue Date: July ---' 2000
TOWN OF FRASER
153 Fraser Avenue
P.O. Box 120
Fraser, CO 80442 . Amount: USD7,688,831.00
California Bank & Trust Credit No.
Dear Sir/Madam:
At the request of Maryvale Village, LLC, 5291 Yale Circle, Denver, CO 80222, we
hereby establish our Irrevocable Standby Letter of Credit in your favor up to an aggregate
. amount of Seven Million Six Hundred Eighty Eight Thousand Eight Hundred Thirty One
USDollars (USD7,688,831.00). This credit is available for payment against presentation
of your draft(s) at sight drawn on California Bank and Trust, bearing the clause: "Drawn
under Credit No. of California Bank and Trust, Los Angeles, California"
accompanied by the following documents:
This original Letter of Credit.
Beneficiary's signed statement certifying that Maryvale Village, LLC has
defaulted under the terms and conditions of that certain Subdivision Improvement
Agreement dated , entered into between Town of Fraser and
Maryvale Village, LLC.
Partial drawings are permitted until this Irrevocable Standby Letter of Credit expires.
We hereby engage with you that all drafts drawn under and in compliance with the terms
of this letter of credit will be honored upon presentation to us at our offices at
International Operations Center #452,250 East First Street, Suite 500, Los Angeles,
California, as specified herein.
This credit is subject to the Uniform Customs and Practice for Documentary Credits
(1993 Revision) International Chamber of Commerce, Publication No. 500.
. Unless sooner released by Beneficiary in writing, this Letter of Credit shall expire not
earlier than October 31,2002, subject to notice of termination after that date as herein
----
.. '.-..
.
provided. We will provide you with not less than (60) days prior written notice, by
certified mail, return receipt, of the Letter of Credit termination. This Letter of Credit
shall not expire except upon giving such notice. Once such notice is given, this Letter
of Credit shall remain in force until the expiration date set forth in the notice, which
expiration date shall not be less than an additional sixty (60) days after the date you
receive such notice.
.
.
.-r
\l~ 1\ \
EXHIBIT C / .~
. Public Improvements Description
And Cost Estimates
On-Site
Clearing and Grubbing $ 70,000.00
Water Distribution 1,670,000.00
Roadways 1,000,000.00 {(,.~UI(jJ1.\J W~U') ,-
Paving 650,000.00
Storm Sewer 81,000.00
Revegetation and Erosion Control 71,300.00
Detention Ponds 20,000.00
Subtotal: $3,562,300.00
Off-Site
Clearing and Grubbing $ 20,000.00
. ~^'8ter Stgrage TaAk (500,000 gallon) 500,000.00
-GreeR Zone Booster rump 250,000.00
-Intormediate Booster Pump 180,000.00 7 ~ ?\OoMt tc
Water Transmission Line 0.00 . eM~!t1 ~v<\c1Ml
\.O.'ater Tleatlllent Fd~ility ~50,000.OO -
Production Wells 80,000.00 t" Locr?
Roadways 267,000.00
Fraser Bridge(s) 150.000.00
Subtotal: $1,997,000.00
TOTAL: $5,559,300.00
!/J6 k< 'L.. '"
JJ
h' fin UtX-l~ ~~ iN! g I)c.. tL : f Z. 3 M
Ivlc~l1~' II' (\ '" t4 vV\O.. -it, I e
.
EXHIBIT D
.
Public Improvements Completion Schedule*
On-5ite
Clearing and Grubbing 6/1/00 - 7/1/00
Water Distribution 7/15/00 - 11/1/00
Roadways 6/15/00 - 7/1/01
Paving 7/1/01 - 9/1/01
Storm Sewer 9/1/00 - 11/1/00
Revegetation and Erosion Control 6/1/00 - 9/1/01
Retaining Walls -- 9/1/00 - 9/1/01
Detention Ponds 9/1/00 - 11/1/00
Off-Site
Clearing and Grubbing 6/1/00 - 7/1/01
Water Storage Tank (500,000 gallon) 9/1/00 - 10/1/01
Green Zone Booster Pump 9/1/00 - 2/1/01
Intermediate Booster Pump 9/1/00 - 2/1/01
. Water Transmission Line 9/1/00 - 11/1/00
Water Treatment Facility 9/1/00 - 3/1/01
Production Wells 9/1/00 - 3/1/01
Roadways 7/1/01 - 10/1/01
Fraser Bridge(s) ....- - 9/1/00 - 7/1/01
Pedestrian Pathways 9/1/01 - 11/1/01
.Subject to force majeur, weather, work shortages, etc.
.
ýÿ
. '"
. SPECIAL WARRANTY DEED
This Special Warranty Deed (this "Deed") is made as of the day of ,
2000, by Maryvale Village, LLC, a Colorado limited liability company ("Grantor") whose
address is , to the Town of Fraser, a municipal
corporation of the State of Colorado, ("Grantee"), whose address is P.O. Box 120, Fraser,
Colorado 80442.
RECITALS
WHEREAS, Grantor is required under Section 10.2 of that certain Town of Fraser,
Colorado Ordinance No. 238 Approving an Amended and Supplemented Annexation
Agreement for the Maryvale Property (the "Ordinance") to convey to the Grantee a certain
parcel of land commonly known and referred to as the "linear park" located on the East side of
U.S. Highway 40, including the course of the Fraser River and the right-of-way for the Fraser
River Trail.
GRANT
. Grantor, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, grants, bargains, sells and conveys unto Grantee, its successors and
assigns forever, all of that certain real property situate, lying and being in the Town of Fraser,
County of Grand, State of Colorado, more particularly described on Exhibit A attached hereto
and incorporated herein by reference (the "Property").
TOGETHER WITH (except as hereinafter stated) all and singular hereditaments and
appurtenances thereunto belonging, or in any way appertaining, and rents, issues and profits
thereof; and all of the estate, right, title and interest, claim and demand whatsoever of Grantee,
either in law or in equity, of, in and to the Property;
SUBJECT TO the exceptions, easements, rights of way, and other matters set forth on
Exhibit B attached hereto and incorporated herein by reference ("Permitted Exceptions");
SUBJECT FURTHER TO the covenants, conditions and restrictions hereinafter set
forth;
FURTHER EXCEPTING AND RESERVING unto Grantor, its successors and assigns
the rights, reservations and easements for use of the Property ("Grantor Reserved Rights")
described below;
. TO HAVE AND TO HOLD the Property, with the appurtenances, unto Grantee, its
successors and assigns forever.
AND GRANTOR, for itself, its successor and assigns, covenants and agrees to and
with Grantee, its successors and assigns, the Property (subject to the Permitted Exceptions, the
Grantor Reserved Rights, and the cov'enants, conditions and restrictions contained herein), in
the quiet and peaceable possession of Grantee, its successors and assigns, against all and every
person or persons lawfully claiming or to claim the whole or any part thereof, by, through or
under Grantor, to warrant and forever defend.
The Grantor Reserved Rights are as follows:
(a) An access easement over the property described on Exhibit C attached hereto
. and incorporated herein by reference; and such additional or alternate access
easements, all to and from the property owned by Grantor, its successors and
assigns as set forth in Exhibit D attached hereto and incorporated herein by
reference, or later acquired by Grantor and incorporated into the Maryvale
development ("Grantor's Property"), provided that such access easements are in
locations consistent with the location of such access as may. be approved by
....
. Grantee as part of a subdivision plat or development plan (the" Access
Easements"). All such Access Easements shall include any necessary slope
easements.
(b) Such easements for drainage and for installation, construction, operation,
maintenance, repair and replacement of gutters, culverts, underground lines, and
other facilities for drainage purposes including those in favor of any
governmental authority or district to serve any of the Grantor's Property for any
of the above-described improvements which are within the Property and are part
of a drainage plan approved by Grantee. With regard to easements for any
drainage improvements required by any other governmental authority with
jurisdiction, the Town shall not unreasonably withhold its consent (the
"Drainage Easements").
(c) Utility easements over the property described on Exhibit E attached hereto and
incorporated herein by reference; and such additional easements for utility
purposes, including, but not limited to, water, sewer, gas, electricity, telephone,
telecommunications, fiber optic lines, and cable television service to serve any
of Grantor's Property in a manner consistent with the development plans for
Grantor's Property, including a right of entry for installation, construction,
. operation, maintenance, repair and replacement of underground lines and
facilities and related surface-mounted equipment and appurtenances (the "Utility
Easements"). The Utility Easements may be located within the Access
Easements described above.
All of the Property affected by a Utility or Drainage Easement or by the relocation of
an Access Easement shall be promptly and substantially restored to its original condition, at
Grantor's expense.
No construction shall commence in any Access Easement, Drainage Easement, or
Utility Easement (collectively the "Easements"), and no such Easements shall be relocated or
additional easements created pursuant to the Grantor Reserved Rights, until after Grantor has
given written notice to the Town, which notice shall include a legal description for the
respective easement, construction plans for any improvements, and a restoration plan if
applicable, and the Town has given its written approval therefor. Such approval by Grantee
shall not be unreasonably withheld, and failure of the Town to act on any proposal within sixty
(60) days after receipt of Grantor's written notice shall be deemed to constitute approval of the
proposal. It is the intent of Grantor and Grantee that Grantee shall have the right of review
and approval regarding how the Grantor Reserved Rights are being exercised, in order to
preserve and protect the Property and the public's interest therein; but Grantee cannot deny to
Grantor its rights to exercise the Grantor Reserved Rights. Accordingly, Grantee may
. condition its approval upon reasonable modifications to the location of relocated or additional
easements and construction plans for the improvements to mitigate, moderate or minimize the
effect on the Property. Such approval may not be withheld for any other reason so long as the
easement is for the purposes set forth herein and is associated with the development of
Grantor's Property.
If any Easement is relocated, or an alternate easement is created pursuant to the Grantor
Reserved Rights, such that the Easement in the previous location is no longer needed, then
such Easement in the previous location shall be terminated. The recording of the instrument
creating the relocated or alternate Easement, with a recitation that said terminates the Easement
in the previous location, shall be effective to cause such termination. If all or any portion of
an Access Easement is hereafter dedicated by Grantor as a public street or road, the Grantor
Reserved Rights shall thereupon terminate as to any such dedicated portion.
. Subject to the limitations contained herein, Grantor, its successors and assigns, shall
have the power and authority to grant the Easements or the right of use of such Easements to
more than one person or party, and, if more than one person or party is granted any such
-2-
------- ---
. , -.
. Easement or the right to use any such Easement, such persons or parties shall be entitled to use
the same on a non-exclusive basis. The Grantor Reserved Rights to relocate Easements or to
create additional or alternate easements, as set forth above, may only be assigned to a
successor master developer of Grantor's Property, and only with the written consent of the
Town, which consent shall not be unreasonably withheld. Any such permitted assignment
shall be evidence by a written instrument, which specifically refers to the Grantor Reserved
Rights provided in this Deed and which is duly recorded in the real estate records of Grand
County, Colorado.
Unless sooner terminated as provided above, the Grantor Reserved Rights to relocate or
create additional Easements shall terminate as to the entire Property upon the occurrence of
either of the following events, whichever is first to occur: (i) The date of January 1, 2040, or
(ii) the date when Grantor and its permitted assigns no longer own any fee interest of record in
any of Grantor's Property described in Exhibit D. Such termination shall not preclude the use
of Easements relocated or created in accordance with the terms hereof prior to the date such
termination becomes effective.
The covenants, conditions and restrictions referred to herein are as follows:
1. Use of Property. The Property shall be used solely for park purposes for the
. use and enjoyment of the general public.
2. Remedies. Grantee acknowledges, by its acceptance of this Deed and taking
possession of the Property, that a breach of, or failure to comply with the
covenants, conditions and restrictions applicable to the Property which are in
this Deed will result in irreparable harm to Grantor not compensable by money
damages. Accordingly, if there is a breach of or failure to comply with any
such covenants, conditions and restrictions, then Grantor shall be entitled to an
injunction ordering specific performance of such covenants, conditions and
restrictions, and prohibiting any breach thereof. If court proceedings are
required to enforce any of the rights under this Deed, the prevailing party shall
be entitled to recover its costs and expenses in connection therewith, including,
without limitation, reasonable attorneys' fees.
3. Covenants to Run with Land. The covenants, conditions and restrictions
contained in this Deed touch and concern the Property, and the burden of such
covenants, conditions and restrictions shall run with the Property and bind all
successors and assigns of Grantee and all subsequent owners of any portion of
the Property. The benefit of such covenants, conditions and restrictions shall
run to, and such covenants, conditions and restrictions may be enforced, by, and
successor to Grantor by consolidation or merger, and any other successor or
. assign of Grantor to the extent that the rights of Grantor hereunder are
specifically assigned by a written instrument.
IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed as
of the day and year first above written.
MARYV ALE VILLAGE, LLC, a Colorado limited
liability company
By: CORNERSTONE WINTER PARK HOLDINGS, LLC, a
Colorado limited liability company, Manager
By:
. Name:
Title:
-3-
ýÿ
, -.
. By: KOELBEL WINTER PARK, LLC, a Colorado limited
liability company, Manager
By:
Name:
Title:
STATE OF COLORADO )
City and )ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this _day of .
2000, by as , on behalf of
Cornerstone Winter Park Holdings, LLC, a Colorado limited liability company.
WITNESS my hand and official seal.
My commission expires:
. Notary Public
STATE OF COLORADO )
City and )ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this _day of ,
2000, by as , on behalf of
Koelbel Winter Park, LLC, a Colorado limited liability company.
WITNESS my hand and official seal.
My commission expires:
Notary Public
.
.
EXEMPT FROM DOC. FEE - Consideration less than $500 - CRS 39-13-102(2) (a)
-4- Deed-Linear ParkJ.wpd
-----
, oJun 07 00 10:03a Baker. Cazier ~ McGowan 970-897-9430 11>>. 13
FROM IRW~ (rUE) 6, 6'00 14:~~"ST !4:28/~O. 48626li378 F 12
.
EXHIBIT A
TO
SPECIAL WARRANTY DEED
LeaaJ Description O(Property
.
4Zl74H "I. J (~I 6
.
ýÿ
06~01(~O~~. WED 09;36 FAl 19707267160 KOELBEL Wp raJ 002
.
LEGAL DESCRIPTION
. That portion of Section 20, 21, 28, aUd Section 29, ToWDShip 1 Soulb. Range 7 S West of the Sixth
Principal MeridiBIl, Town ofPruer. County ofGrlmd., S't:am ofColoradc. dmIcribed as follows:
The Basis of BelriDp is tbg south line of tha.amhH8t ODD qulZUlr ofG31 north....-t quattcr of See cion 28, Townahlp 1
Soulb, Range 7 S West of ftJB Sixth Principl1 MeAdim. u ftl-llted wah USGLO bras; Cllpl It oach cod, ilt\ri is
Illumed [0 bear N S9D3013'" B.
PARCEL 1
Commencing at the northwest COllJM of the south cnc half of the southeast one quarter of said
Sectiol'l 20, a found. aluminum cap PLS 11415; TheIlce N 891147'44" B, along the north line of the
south one balfofthe southeast one quarter of said Section 20~ a distance of 199.81 feet to the
northeast cornel' cfthat tlaCt dacribedinBook 332 at Page 677, a found pin and cap PLS 9132 and
the POINT OF BEGINNINGj
Thence along the atlrt1leut~ly line of iaid tra.Ct described in Book 332 at Page 677 I said
northeasterly line being manumentecl with a founeS pin and oap PLS 9132 at each comer, the
following seventeen (17) coursea:
TI\eDCC S 31042'07" E e distance of'l37.87 ~
Thence S 77029'01" E a diBtanc:e of75.09 feet;
Thence N 890001"44" B a distance of 176.51 feet;
Thenoe N 75D54'29" B a. diJtaDce of 85.25 feet;
Thenee S 5~08'37" E a distance of 124.71 feet;
Thence S 39COO'OO" B a dil1'a11Ce of 111.52 feet;
Thence S 44c39'28" B a distance of383.41 {cot;
Thence S 66D57'51'1 B a distance of 348.0~ feet;
. Thence N 50050'39" E a distlUClc of 137,00 feet.
Thence N 71031'38" E a diitanco of83.79 feet;
Thence S 841130137" E a distance of94.31 fect;
Thence S 60057'09" B a distance of 222,49 fect;
Thimcc S 68030'01" B a distance of216.67 foeti
Thence S 52018'24" E a distance of 130.63 feet;
Thence S 2.0D24'16" E a distance of 98.01 fect;
Thel1ce S 33030'59" W a. distance: of 123.17 feet;
Thence S S602~'.5.5" B a distanee of 114.91 feet to the most ell8ter1y comer of said tract described
in Book 332 at Page 677;
Thence S 28041 '51" E, departing said northeasterly bOun.da1y, a distance of 363.43 .feet;
, :'hence S 63027'02" E a. distance of 48.31 feet;
Thence N 86015'03" E a distance of 96.34 feet;
Thence S j 1 D34'S 1" E a distance of 556.82 feet;
Thence S 22037'41" W a distance of 130.52 feet to the northeasterly comer of that parcel
described in Book 318 at Page 649;
Thence S 40047'49" B, alons the northcastCIly line of said p~el descn'bed in Book J 18 at Page
649, a distlU1Ce of265.00 feet to the !ioutheMt comer of said parcel described in Book 318 at
Page 649;
prepared by: E.J. 3~ SHEET NO.1 OF 5
IQr and on blhalf 01 G!OSURV, Ino.
520 Shlci Cl Sulllt B
Lafay8tla. CO aDD2.1S 303 sea 0379
Q~_"""'''I'l'''1I.!1MI.8\Ll1l1OAR L1!iSALdnD
'rinlllll ...oCI0 5:S:1"'" ~y IiolG
.
ýÿ
08/07:2000 WED 09:37 FA! 19707267180 KOELBEL wp ~OO3
. .
Thence S 48"47'0811 H, depaltixlg said parcel. a distance of 174.11 :feet;
Thence S 29035'43" E a mstanc5 of 129.07 feet;
. Thence S 38009'12" B a distance of206.37 feet;
Thence S 71 Q34'38" E a distance of 100.78 feet;
Thence S 42; 11'41" E a distance of 131.34 feet;
Thence S 24/l24'16" E a distance of 190.26 feet; .
Tb.cnce S 43049'33" E a distance of 133.32. feet;
Thence N' 5S&14'53" Ell distance of22S.S0 feet;
Theace S 40Cl37'SO" B a distance of 108.83 feetj
TheIlC/! N 791149'52" E a distance ofS1.0S foet;
thence N 36&29'12" B IL diltaw::o of 172.92 feot to a. paint from which the cantor one qUlU1er
comer of said Soction 28," mund USGLO brass cap, bom S 47030'18''B a distanco of 1608.67
f-eetj
Thence N 36"10'29" W a distance of 189.2/5 fee~
Thence N 23Q43'S6" W a distlIWC of 189.32 feet;
Th~ce N 20Q29'30" W a. distance of 428.52 feet;
Thence N 32/l16'20" W a dist:ance of 568.34 feet;
Thence N 38031'10" W a diJtance of 110.39 feet;
Thence N 55023'38" W a distance of200.46 feet;
Thence N 21 QS9'12" W a distance of 435.05 feetj
Thence N 79021 '41 " W a distance of 340.25 feet:
Thence N 31002'31" W a distance of316.16 teet;
Than.ce N 70&05'13" W a. diBtauoe of167.13 feet;
Thence N 361105'49" W a dilt!lJCe of S31.92 feet;
Thence N 89"22'22" W a distance of666.08 feet:
Thence N ~91129'S6" W a distance of216.S7 feet;
. Th(".llCC N 31032'01" W a dimnco of 127.72 feet to a point on the uorth line of the south one half
of the southeast one quarter of said Section 20; .
Tha1cc S 89047'44" W, along IBid north line. adistaw:e of941.13 feet to 1he POINT OF
BBGJl\lNING.
Containing 53.331 acres. mol'e or less.
TOGETHER WITH:
PARCEL Z
Commcncini at the soUl:hwc:st comer of the aouthcast one quartcL, of the northwest one qu.aI'ler of
said Section 28. a mund USGLO brass cBp; Thence N 89030'38. H, alox1g the south line of
southeast one quarter ofthc 1llJl'thwcst one quarter of said Section 28. a distance of 45.01 feet to the
POINT OF BEGINNlNO;
Thence N 27029'16" W, departing said south line, a distance of 327.49 feet;
Thence N 62"18'38" E a distance of271.72 feet to a point olnon-tangent curvature;
Tl1mce along a curve to the left a distance of297.80 feet. laid. curve having a radius of210.00
feet, a delta angle of 81 olS'06". and a c:hord which bean S 491153'28" B a dlS'DU1ce of 2;3.47 feet
to a poillt of reverse curvature;
pr1lllsred by: e.J. Grabowakl SHEET NO.2 OF 5
far and on blhalf or GEOSURV, Inc.
520 Stacy Ct. Suits B
L.lIflIy... CO ~8 303 6880379
Gl:\C;;~ILiIl"L&U.NIiAR I.EGAL.doe
Pnnl~:MWO I"M D, e.J(J
.
lJ6:07/2000 WED 09:38 F.U 19707267180 KOELBEL Wp laJ 004
.
Thence along a ourve to thD right a distanDCI of 274.97 feet, laid eurve having a radiua of 189.00
feet. a delta an&l~ of 83021'32". and aohord which bears S 48~SO'lS" B a distance of 25 1.315 feet;
. Thence S 07009129" E a distaDCCl of 71.47 feet to I point on the souU11inc ofsoutne8!lt one quarter
of the northwest one 'luarter ofaaid Section ~8 ftom. which the CCIltcr atle qU8ltc:r comer of said
Section 28, a found USOLO brw cap, bem N 8903()138" B a distance of 755,75 fcCti
Thence S 89030'38" W, along said south line, a distance of 496. 76 feet to tM PO~"T OF
BEGINNING.
Cantaini.n& 3.669 8C1'e1J more or lese.
Said parcels being SUbject to any IU1d all easements. rights ofwa.y, va.riances and or agreements
as ofrccord may appear,
.
pmpared 1)\1: E.J. GnlbQWllkl SHEET NO.3 OF 5
for rd on behalf of Gl!OBURV. lnc.
620 Stacy Ct. ~_a
L.~ CO 800a. 30a eee 0379
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