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HomeMy Public PortalAboutTBP 1996-09-04 . . TOWN OF FRASER "Icebox of the Nation" P.Q, Box 120 / 153 Fraser Avenue Fraser, Colorado 80442 (970) 726-5491 FAX Line: (970) 726-5518 TOWN BOARD AGENDA REGULAR MEETING SEPTEMBER 4, 1996,7:30 p.m. 1. Roll Call 2. Approval of 8/21 minutes 3, Open Forum 4, Catherine Ross, Chamber of Commerce Update 5. Streetlight request 6. Marianne Klancke, Art Olson, and Cheri Sanders will be present to discuss the Citizens' Growth Committee's vision statement. 7, A. resolution adopting the Citizens' Growth Committee Vision. 8. An Ordinance codifying the Board's discussions with Maryvale relative to PA 28, ,,~~k~it N 9. Maryvale PA 28, Subdivision Exemption ~J fA ~ . (1~~ ~~i 10. Staff Choice /" e. 6c.J0AA. '" ~J W\I~I~ ~ite:' ~lovcA~ 11. Board Member's Choice 12. Executive Session to discuss negotiations involving real estate acquisition MEETING SCHEDULE REMINDER September 11th Planning Commission special meeting September 12th Joint Fraser/Winter Park board meeting at Fraser September 18th Town Board regular meeting September 25th Planning Commission special meeting September 30th Growth Coordination Process: 2nd town meeting ýÿ . . TOWN OF FRASER "Icebox of the Nation" P.O. Box 120/153 Fraser Avenue Fraser, Colorado 80442 (970) 726-5491 FAX Line: (970) 726-5518 Manager's Briefing: September 3, 1996 Its a full agenda tomorrow night: some thoughts. . . Bring your copy of the 'Vision Statement for tile Future Growtll and Del'elopmellt of tl,e Fraser Valley that was in the packet a few weeks ago -- Marianne, Art, and Cheri will be present to answer all your questions about their vision. See the attached resolution. The questions raised about the subdivision exemption of P A 28 have been resolved, I believe. See the attached letter, memo, and ordinance. The matrix on the FPDP will be discussed during staffs choice. Thanks for a great retreat! See you tomorrow! \J.7. A {""["e-:; l- i tl 4k+ (",k+ ~MqL ,eJ~~1 ;t~~! Mt~( ~MV\~ CGMk w;lI '~ \M~ J- ql \V\U-+~~ . J'ffit~ ~ ~M{" v.t&tL . ~'" J....., +~IhI\O~ ft,01k-+ . .. ýÿ \ . . . TO\VN BOAUI) ~ /"'G,rST21,19ll(, Ihe f('gnl:lr meeting 01 tlw Town JlCl:Hd W;l~ c:lllcd to order :It 7:.10 p.m. nortn! p,esent \\-cre f\ I"yo, Johm;tono J I"\en~~ Wil1;ing. SmHkl~. l\lelntYll\ Kland<c mul ~w.lt7,ell, Al:m pl'e~ent wete Reid, ~l<elt(ln rtnd Winler. tvlinntes of the pre";oml meeting were :lppmvcd m; written. .1\( 'fi~ IIAI~J)WAHIi: VAIHAN( 'v, IH:f)tHl;ST Skelton re.\.;ewed It ~ite p1:m lil' Ihl;' prnpo~(~d flew Ace Hat dwme Store. lhi~ pn~iect 1111J~t gel 11 wlrillnc.e fot I'm'1<ing nom the I eqtlif(~d ,H In /. 2 ~pllCC~, f{lrttl n:.~c.oll1tnendali()n i~ 10 rt~J: 'I own Ho:ml to n~CO"Il1WII<' 10 the Bom c11l1 ,\dimlllllent Ihil":l vmi:mce (1112 SflilCCS he gnl1lt~cf. Stafr Ilt~o WOtlfct condition Ihifl gr::1I11 of a t,atlnnce on the ptol'oflt'd "fie of the ptoperl)' 'hr h:lHhva,c stOle purposes, :my n,tmc cf1:lngc 01 use would need 10 he fe,,;ewed :lgain with I cg:lIc1s 10 pm king neeck The !Jwnt'1 ~ p' Ihe 11m dwme ~Im'e did :t SlIf \ley Ih:tl ~hf)\\ied c"Htonwr \'i~it ICIl!!,th lIvet ilgc :lho"I 7 tltinnll'~. ,\ nct h,id di~c"ssioll f\ fcln(Yfe nwdc :lllloliolJ to ICClIllltnclH1 Ihal Ihe Bomd o'\cUmltl1Cnl grant Ihe vmi:mcc of 11 pm J.ing flpaccfl Oil Ihe "lOflO~t'c1ll1..~w hm dw:u C f,IOf{'. hilI ,tw gnml he m"de 'hl' JIm dWltH~ Slore "~e only :md ilflY change 01 use he lcvit~wcd with I'cgal'd~ to p"l'king nced~, 2nd Wirsing, cmtied. Boh 'Imri~, owner of fhc J lanhvl11c !'llorc, ~Illled Ihat fhey would he more Ihlln hllPPY if c.:omconc wOllld \Vlml (0 t('lllove Ihe ol<lf.!:l1:lgr.- li"lll Ihe 1'1 opetty. Theft' would he :tflflt'Ox, 1 \\'e~'k~ hcf()l'e Ihe 1'lltUchHC would need In he 10lfl <'own. S1TflDIV'SION F:XEMPT'ON PA 29 S)<clfon pI c~ented fhe suhdi"ision pl:lf ff)1' Po'\ ;!P.: "I:uyv,,1e, PI:1flning Commission llpproved the pIal sllhjcct III a ()nil ('Illim 'ked 'ill' !'t:lel ^ 10 the Frl1~cr Cementnry, which i<: Ihe hOlt<':uy di~plllc(' hdwcctl Ihe {'clllcnl:llY :"'(, PA 1R. ~'.:lfr I ccotl1lttcnc1!: .:lpf't'(l\::11 01 Ihe suhdiviRion f:xcmption. S(<e!lon "IRO hlllldt:d 0"1 :l letter nom Ross Liberson. alf01t1cy represenling Ihe ('Cllll'nl:n~' Assoc. lhi~ teller vokes scv'..'rnl cnflcerml c:ti11 Ilelll.1ing wil" Ihe de"dopmcnl ollhis property. I ,ihet son addt essclI Ihese COHeet n!'l to the Bomd. Aller lengthly discn~~inn 1\klnlyre moved tn tflNe lhe pInt II,,'iI wfillen I1~SnHIf1CC~. In tun wilh 'he l:tnd, nom the ownClfol me IiIcd wilh Ihe tnwn "ddf(,'R~ing the 1(,l1mving: , . TIre hlllkr tn,,~I he kit hc""een"" .'H :lIld Ihe cl'11Icnlmy. 2. View em I idOlR Iln.' tnninlnined. .1, /\ccess on Ihe ""per pOltion to he pl:tccd ns tilr Not tit as pos~ihte, if dclcnnined this C'nn hl1ppenllflcr cngincning and Rn(ely C01lCCIIlS me studied. Motion 2nd hy Havens, cmtied. ~ . . . MARY VALE MKrRO DISTIHCT 1\I:1Yor .John~lon vcvie\wd Ih:11 he h:1e1 ~chedtJbl a ~pecin( meeling of the Town Bomd Ret 1'01' "ltg, JRth al ":lO ,un, In I edew Ihe ~en'icc ,,1:111 fe),. Ihe tvfclw <fi~lrict. Pllhlicatinn of lhe J Icm illg hm; 1:lhm "I:1ce. r r:t"ms IllOved 10 <:;l'f llw ~),,(.:ci:tl meelillg nil' ~ep1. 2Rth at 6:.10 p,m. In 1C\ilew Ihe RCI,.ice I'I:m, 2nd SW:llzell. c:l1ried. STA ifF C"OlCI~ H eid rcviewed :l rClluc!'!1 Ii om Ihc Recycle f(lr :lddilio1l:l1 rlllul!'l !'!o thnl IIc:11th Tmmnmce C:1t1 be pwvidccf Rlrlll, lhe :tlllOllllt h ~r;(u)() per flInnfh, BrmH1 h:HI Rever"' qtlc~fint1R :lnd (l~ked Ii" mOle i"((I1malioll hefi)lc maldllg (1 dcchioll, Stall and Board picnic i!'l Rcheclnled fi)t, Sept. J 2th :II (,:00 p.m. BOA'U) CflOICF: IVfchtlyre would like tn sc.hedule Ihe g' mvlh viRion presentalion as soon as possihle. Board diRc.uRRed the trail prog"C~R. Bapli~t church was asked to level the dirl pl:lccd on lhdr lof. I:mdfolc3ping looks gleal, c::ll'cdalty the plOg'e~~ :11 Alvcs, Boat d pleased with the Schnul Flashe, s. f\kIl1fytc rC\iiC\\cd informalion she h:1d gathered on m:lu:11 densitic~ in other comnmniticR. BO:If d di~ctl~~t~d getting inlf11 malion Oft va1iou~ flH*c1s in olher :neaR with fcg:nds to dCII~iily, ,'istwl fonks, aClenge etc. BCl:1rd m:1Y \~:JIII 10 Rchcdnle n field It ip to \ iew Rome llt oject~. No (i" Iher hURif1c~". meeting :1<Uollllwd al JO:OO p,lIt. . . ern F(l2 '::;EF 02 "?r:, 21 :.::18 .. f - LLC J17t? HiSI01'h~ C~~.;;;; Ranch E. Rick \Vatrous, /vJt17tager Sept. 3, I 996 Chuck Reid, Town Manager Town of Fraser P.O. Box 120 Fraser, CO 80422 Re: Plat Exemption, Aren 28 Dear Chuck: Over the past 1 to 1 1/2 months. the Town of Fra~el' has conducted a munber of healings which relate to t\l'taryvnle Planning Area 28, In the course of those heRrings. n number of issues have come up \\lhiclt relate to v:uious flspects of the proposed use of thi~ arell, Some of these have already been addressed I" modificMions of either the proposed exemption plat or the FPDP documents which are now on file with your office. OtIten; relate to nn-site improvements whirh are prot of tlle FPDP and plat. process, You have R,~ked me. however, to confirm sume of the positions whichf\.:laryvale hAS taken in the hearings in \vritlng. I will aUempt to do so at this time, I.. Access to Residential lJevelopment . The planned RCCe51~ to the prQPosed residential development within planning RfeR 28 is shown (In the FPDP documents now 011 file with tIle Town. It uses the SRrne cmb cut to Tuhing Hill Rond n~ i~ used by the nmth entrance of the Fra~er Cemetery, This wnc; done In conformity with n requec;' of the Town stnff to minimi7:e (to one) the number of ncce~~ pojnt~ or curh cnts to Ttthing Hill R(lad and to 111(1\'C the entrance to the residenti111:ue3 ns far ~outh ClS I'ossihle to keep it awny from the hill 011 the wad. As I have stated, Mnryva/e wou.ld not object to moving the residential CUI h cut or Rccess point to it point on Tubing Hill Road north of the existing cemetery UOl'tJ, entrance and the grove of pine trees adjacent to it. We would lea.ve the decisic)l1 ahout the location of the cemeter)' entrance - \vhether using the existing curh cut, or being muved 1101 th of the tree grove to the discretion of the Town Board and ~taff and their eVRhmtion of the safetv is~ues on hRl1d. .. . - '.. ~ 2. We have shown the Access road to the 'e~ldential ~"e~ to Town local road standards - namely with a 24 improved. paved nrca ,vlthitl a 36' right-of-WifY. Six feet are allowed for snow storage to either slrte of the paved orea, Except to the extent tJJe town would . .077 POJ '::;EF' 02 ":;1S 21: <t'? ~ .. Chuck Reid, Towll MAllAger Town of Fraser Sept. 3, 1996 Page 2 require it for drainage or other leasons, we have no intention to remo\'e t,.ee~ or bushes fWIII the unpaved right-of-way area And will leave t11e trees and natural. growth standing, subject tll nonnal pnming and removal of dead growUl. If added clarification is needed, please advise me of it. Sincerely, G^lY(~~'L~~ E. Rick Watrous ERWIII cc: Rich N,ipert . . ~ . RESOLUTION 9-1-96 'j WHEREAS, in 1995 the citizens of Grand County chose to work tugether on a growth ~ coordination plan that involved all the towns and the County; and ~ WHEREAS, a key component of the growth coordination plan was the naming ofthe Fraser Valley Growth Coordination Committee - a group that include&~~~anne Klancke, Cheri Sand~rs, and Art Olson representing the Town of Fraser; Joel o.....~, Tyson Dearduff, Ron Jones, and John DeVos representing the Town of Winter Park; and Jim Coleman and Jay Clough representing the unincorporated County; and WHEREAS, the Fraser Valley Growth Coordination Committee's job was to contemplate in detail the growth coordination plan project and the comprehensive survey that accompanied the project, and then to make a recommendation to the towns and the county on the same; and WHEREAS, the Committee finalized a "Vision Statement for the Future Growth and Development of the Fraser Valley", a copy of which is included; and WHEREAS, on July 25th the Committee hosted an open forum to present and receive feedback on the Vision Statement; and WHEREAS, on Septemher 4th, Fraser"s representatives presented and discussed this dO~}II;... J-T ~ with the Frasett'ard of Trustees; ...,I ~u" <HoOt.lo. '1?;..'f "'-:. r+<., pol. 1'/. ~1\5 ( 1vw" ~ fY4.~ wl\( .:. 6'1A. ~'~ihl~ ".. ~~(.l, Gmtj)IL~tv~ ~~ NOW, THEREFORE, be it resolved that the Fraser Board of Trustees will use the Vision Statement for the Future Growth and Development of the Fraser Valley as a guiding document in their land-use decision making processes, ADOPTED AND APPROVED this day of , 1996. TOWN OF FRASER, COLORADO (S E A L) Mayor ATTEST: Town Clerk ýÿ . . ","-",. ~'.'~"";:;I I 10 72E.55113 P.02 .. . . c TOWN OP FRASBR ORDINANCB NO. --- AN ORDINANCE AMENDING THE PLANNED DEVELOPMENT DISTRICT PLAN FOR PLANNED DEVELOPMENT DISTRICT NO. 1 (PDD Itl), BY CHANGING THE PERMITTED USE OF PLANNING AREA 28 FROM CONDOMINIUMS TO MIXED USE. WHEREAS, the property commonly known as Maryvale was previously ~nnexed to the Town of Fraser and was zoned as Planned Development District No. 1 (PDD #1), and a Planned Development District Plan for said property ~as approved, pursuant to Ordinance Nos. 154, 155, 156, 157, 158, 159 and 219 of the Town of Fraser; and WHEREAS, said property zoned POD #1 and subject to said Planned Development District Plan includes the property referred to as Planning Area 28, as more particularly described on Exhibit ~A" attached hereto and incorporated herein by this reference; and WHEREAS, the current owner of said property has applied for an amendment of said approved Planned Development District Plan, in order to ohange the permitted use of said Planning Area 28 from condominiums to mixed use; and WHEREAS, the Fraser Planning Commission has considered said application and has determined that the change in permitted use of Planning Area 28, as provided herein, constitutes a minor change in the approved Planned Development District Plan, which may be approved without public hearing pursuant to the Fraser Planned Development District Ordinance (Section 13-3-12 of the Code of the Town of Fraser); and WHEREAS, not~ithstanding the fact that a minor, change is involved, the Board of Trustees held a public hearing concerning such proposed amendment to the Planned Development District Plan, 'and notice of said public hearing was given in accordance with Fraser Planned Development District Ordinance and Section 31-23.304, Colorado Revised Statutes, as amended; and WHEREAS, the Planning Commission has recommended that the Board of Trustees approve said amendment to the Planned Development District Plan, as herein provided; and WHEREAS, the Board of Trustees hereby finds and determines that the proposed amendment is in substantial conformance with the Comprehensive Plan (also sometimes kno~n as the Master Plan) of the Town of Fraser, as amended; and ýÿ ~_._'''''''''''~''.I --. -..- .. -~ -''-' ... CI. t:Jl=' "'I'::UI', tlC8J'I 10 72E,5518 P.0.3 . . , , WHEREAS, it appearing to the Board of Trustees that it would be in the best interests of the Town Of Fraser to approve an amendment of the Planned Development District Plan, upon the terms and conditions provided herein, NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: Secti9n 1. Pursuant to the Fraser Planned Develo~nent District Ordinance (Section 13-3-12 of the Code of the Town of Fraser) , the Board of Trustees hereby approves and adopts an amendment to the Planned Development District Plan for planned Development District No. 1 (PDD #1), by changing the permitted use of Planning Area 28, as identified in said Plan and as described on Exhibit ~A" attached hereto, from condominiums to mixed use. For purposes of said Planning Area 28 only, I'mixed use" shall mean and shall allow for the development of said Planning Area 28 for multi-family residential units at a density of less than 20 units per acre, with a maximum of 40 units; a self-contained storage facility, and commercial office space limited to a 5,000 square foot building footprint. Said development shall preserve the existing view corridors "down valley".and of Byers Peak (as approved by the Fraser Town Board at subdivision plat approval by prohibiting construction of buildings on the higher unexcavated portion of Planning Area 28 from the view corridor south and immediately adjacent to the Cemetery) ; shall provide perimeter buffering between the Cemetery A and Planning Area 28 (which initially wi~l~include preservation ~ of the existing split rail fence and as~ h natural vegetation ~ and trees adjacent to the fence~as i~ Y=~~~nably possigle; but, ~ at the request of the Cemetery Association may include a berm or d a 6 foot solid fence);' shall be limited to storage and commercial structures which do no exceed 30 feet in height; and shall comply with all other requirements of the approved Planned DevelopmentDistrict Ian and all other applicable Fraser regulatory and platt' g requirements, including but not limited to those contained i the Fraser Planned Development District Ordinance and the Fr eer Subdivision Regulations. READ, PASSED, AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES THIS day of , 1996. Votes in favor: BOARD OF TRUSTEES OF THE Votes opposed: TOWN OF FRASER, COLORADO Votes abstained: BY: 4 bdlv'{~dYI Jeff Johnston, Mayor '> .,v ~ t ~ ~wU- ~kY/ t,M.---h1Jh1 t.U ~y(t<-+ IrtW ~ a-d1M ~va.~ 1rrWt ~j aJ'. ýÿ - -, ---'-' .... -' -'"'-' .I. '_I. '_I:) rn,JI'1 t;l.;~'r'l IU ? 2EI~5~51 S P. CJ..t . . . . ]:\TTEST: (SEAL) Vfrginia Winter, Town Clerk l.ANDOWNER APPROVAIJ The undersigned, as the current owner of Planning Area 28 and the other property sUbject to the Planned Development District Plan for Planned Development District No. 1 (PDD #1), hereby acknovl1edges its consent. to the amendment of said Planned Development District Plan, as provid~d in the foregoing Ordinance. MARYVALE, LLC, a Colorado limited liability company BY; --- -.----..----.- TITLE: -_.-- '------.-.----..- DATE: "----- . -- .-----.-.-- Published in the Winter Park Manifest on , 1996. --- - 3 -- c · \ ~IF\fP.ASeR \MAP.YIJALE',Zt>A28 - OR. WPD TI"IT~d P n.1 \ . tJi< f) 109. cff1) c.. . ( C4.udt.'s ~'Ie) [IDOO&~V TOWN OF FRASER 1?ov. Vo~ AA ~( OJ/N.II\I ~~? Ordinance No. An ordinance amending Town of Fraser Ordinance Number 159. WHEREAS, on ~((J,J (s:: , 1986, the Town of Fraser annexed real property into the Town of Fraser identified as Parcel VI of the Maryvale property; and WHEREAS, this annexation was accompanied by the request to identify this parcel as Planning Areas 27 and 28, with an intended use as residential properties; and WHEREAS, in 1994 the Maryvale property was sold to a group known as the Maryvale, Limited Li~=on; aod WHEREAS, in.. . ~9-, 1995 the Town of Fraser received an annexation petition requesting the annexation of real property to the town, a portion of which was immediately adjacent to the S6 eaUoo.-Planning Area 28; and WHEREAS, this annexation was accompanied by the request to change the planned use of Planning Area 28 from residential to mixed use. WHEREAS, on~ 1995 the Fraser Plaonlng Coounission declared !Qat the requested change in use on Planning Area 48 from residential to mixed use represented a minor change in the Maryvale PDD and recommend approva,J of the change to the Fraser Board of Trustees; and , IS WHEREAS, on November -' 1995, the Fraser Town Board approved the request for annexation and the request is a change of the planned land use on the parcel identified as Planning Area 28, from residential to mixed use, contingent upon a mutually acceptable definition mixed use, relative to Planning Area 28; and J \ ( (Mj)" () ~ (>,; 0 (;.:l. " WHEREAs, on February 7, 1996, ~ OfT~ an arnend1nen! to the mixed use definition found in >town of Fraser Ordinance Ind officially enacted by Town of Fraser Ordinance -* said definition re that "~ed Use.....; and WHEREAS, on April 17 , 1996 the Fraser Board of Trustees approved the planned mixed use for Planning Area 28, said use to allow multi-family residential units at a density of less than ~ units per acre, a self-contained storage facility, and commercial office space limited to a 5,000 square foot footprint; and ýÿ . . WHEREAS, in return for these allowed mixed uses on Planning Area 28, the development of this parcel must retain the Byers Peak and "down. Valley" view corridors as identified by the Fraser Cemetery Association; provide adequate buffering from any development immediately adjacent to the Fraser Cemetery (adequate to be defined as anything from a landscaped berm to the construction of a solid fence); a 30' height restriction on commercial building; all other regulatory requirements t() be complied with when platting. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES FOR THE TOWN OF FRASER, COLORADO THAT SECTION _, OF TOWN OF FRASER ORDINANCE 159 BE AMENDED AS FOLLOWS; Parcel VI needs to be split out -- or at least P.A. 28 needs to be ID'd in the ordinance by legal description. This then can be allowed the in planned use. J7 -, 1 '="36 O':J: ':".1 r:pur I .'" (11"111', rIll E IIJ . 7:'1::.':'-':",18 P.08 ~~~i~i+ .;f - ~~nf.;'!!JI,E (~ 1'lUJl'Unv ImSCRIl'IION 'lbe land referred 10 In chis COllllUlllllenC Is desclibed as follows: A Illll'ce! of 1"11I1 IO<:~1h'd In the So"th~nt;t '}III1ICrr of thl' SoutlH'n!;1 ()t1I11(f~I' of S('(~r1(J1l 19 RIIlI th{l Soullmest Quar tel' of the Soutfnf'('_'l' Qu:n trr of Stell,," 20. 'hm ll<:h1t, J Sunlll, Rnngf' 75 Wl'st Qf the 6Ch 1',1\1., CouutJ of GI,)Jtd, State of Cotnrnd", beillg an Qf Hlllc IlIlIn' IIf 'null "t'~cllhed III IJlloh 395 :1t rltge 1.16 TOGE'IIIF.n WITII that 1'01 flolt (If Ule Soutll\l(~st (llllll HI' of the Soullmt>s( Q1I;utn of SQld Sfcllon 20 .,Ing Southwesterl} "r the (blll'on" IUght of Will, F~l<C:TI'''' thllt Ilanel (k~('r1"ed In 1J,,"k 219 at rage 202, mOle l'alllrlll:ul,. desnlbp.d a$ (olll)11s: ('oDunenrfng tit tht' SOUfl1\HSt Corntl of said Sed Ion 20 amI tOllshlellllg the West Une or the Suullml'st Qual tel' or the SOllllmesl QUIU tl't of said SetU'JIJ 20 10 I,,~:u N Oln)fj'20" W with nil bentlngs Clllllalllt'rI hel tin "elug tt'lalh'e IhHefo: Thence Illong the W€lst 'hII' of the SOllth" esl QUillin of Ihe So"UI1nsl QIIlu1er or f;ald Sectlllll 20. N 00006'20" W, a di~lnnre "IIOSAli hl't 10 flip. South C')llIel' of snhlllRl'crl of land d€lscllhed in 800lt 395 AI "nge 14f), lllld the Ilfllllt ..f btghlfllngi Thence alollg the boumhu,' of snld (':lltel the follcu"ng sh (61 ('OlllSt's~ I) N 18"34'19" W, a distance of 290.88 feel; 2) Along the llrc (If B fUtH to the right hating A udius of 290.50 rl~et, n renhal :u'gfe of J(J'''U'JO'' BIUI AIJ ale leogUa of 155.70 feet; J) N 12"08'11" E, :J fllsfnnce of 70.00 feet; 4) Alou~ the arc of q eune to the left IlInlllg n 1':,,1111$ "' R9~.J6 feel, R cfllhululJgle of 08"06'00" And IU' nle lenglh of 126,13 feet; S) N O.toO~'I1" E, " dlstnnce of 169.84 fel.tl 6) S 89"43'26" E, a distance of ~5.4~ t'tet fo lite Wtsl IIIJt' of fhe Soull"vest Quatter of tile Southwest Quarter- of sold Sectloll 20; 1 hence along said Wut line, N (10"06'20" W, A dlsfl1l1rr. of 8.l, io feef fo the SQutlmesterl)' rlghl of "';1~' ifill' of lhe RlIlhoad Itfghl of \VA)' as <tesel ibed In nook 7 "' f'ng~ 270 lJud In Ih.. Im~atlon $lIl'\'t'l or the I)em'el', Norfhwe~fellJ & Padlfc ltalhfl1~' riling 1\1.11' 1{.,.t,678, doled Aplll 4, 1904: 1Ilen<:e alulIg said Soultmrstl'll)' l'lgbl of wlll' along the III (' "r a '''III-lltngtllt cunl' 10 IIle tlgbf bIn-lug" nuJfu5 of 616.78 feet, 3 cl'nlt'a1 nngle of 41 ~36'46" nrlll nn nle IfJlgth of 441,95 feel, 'he choltl of 1111kh bf.'au S 4ge 17'23" E, 11 dislance of 438.18 h'et to fhf' N", fll Cor lIer o' SAid flAted of 1"lId d(>scl'l!Jt'd In Book 219 at fage 2021 Thence Ule follonlng hvo (1) r.OUl$t$ along f1nld IlUlcell I) S 55027'40" W, n dlstanre of 184.00 fel'l; 2) S 37?27'40" W, R dblal1c~ of 195,OO reel 10 Ille \host Ihlt' Hf the Soullnu5' QlInrht of Ule SonUm'est QUInter of $Qld Sectloll 20; 1 hence alon, said Wesl line, S OODOfj'20" E, a dhhlllce of %50.5t reet the I'olnt of 8eJhmlng. County of Graud, State of Colorado. ~ .. ~ '. . . ROSS LIBENSON P. C. ATI'ORNEY AT LAW 2737 MAPLETON AVENUE, SUITE 103 BOULDER, COLORADO 80304 (303) 449-0700 August 29, 1996 By Fax RE: Easement Agreement Mr. E. Rick Watrous, Esquire Maryvale LLC 3609 S. Wadsworth Blvd., #210 Lakewood, CO 80235 Dear Mr. Watrous: Pursuant to the Town of Fmser Board of Trustees' August 21,1996 vote to table the approval of Maryvale's subdivision exemption plat and application until there is a written agreement between Maryvale and Ozaukee and the Fraser Cemetery Association on the issues olnot only the boundary ,but also the access, screening and visual corridors, I have drafted an Easement Agreement which shall accomplish : the needed protections. . It is enclosed. for your consideration. Paragraph one is for the entrance road to the cemetery to be exclusive and the proposed Exhibit A shall need to describe an area which includes not only the current entrance but also the grove of trees to the north of the present cemetery entrance. This legal description can be accomplished by a sUlVeyor without going into the field. Based. on the exemption plat the exhibit should describe an area starting 205.1 feet from the point of beginning of the first of six courses set forth in the dedication of the Maryvale Planning Area No. 28 Subdivision Exemption Plat and extending north along the west boundary ofP.A. 28100.78 feet, thence due east till reaching the northern boundary of P.A. 28 Tract A,thence south along the northern boundary of P.A. 28 Tract A to a point 56 feet south of the #4 rebar, thence S89^53'40"W back to the starting point of the easement area or "square." Paragraph two is a relinquishment of our selVice access road and service entrance and the right to use P.A. 28 for snow and debris removal. Considering the price per acre of the offer made to the Town of Fraser for other Maryvale'land, this is a release of a valuable ., . . , . . Mr. E. Rick Watrous, Esq. August 29, 1996 page 2 rights by the Cemetery Association and highlights the willingness to reasonably resolve this matter. The grant in paragraph 1 and the vacating in paragraph 2 are conditioned on the approval and recording of the subdivision exemption plat in a similar fashion as the quitclaim deeds. Further, they are conditioned upon authorization of the Town and County to move the entrance to the north of the grove of trees. NaturaIly, you can expect our intense efforts to get this authorization. Paragraph four is for maintaining natural screening and buffer. It is necessary since the site plan in the F.P.D.P. documents fail to leave an eight foot buffer of natural screening, removes almost all the trees along the fence and lacks adequate snow shed along the fence. It provides the cemetery only what you were willing to promise in our phone conversation. Paragraph five confirms the visual corridors. It too needs an exhibit with a legal description which can be accomplished by a surveyor without going into the field Genemlly, these are "coned" shaped. If you have any questions or comments, please so not hesitate to call. Yery truly yours, Ross Libenson P.C. l~~ encl. cc: Town of Fraser, Staff Rod McGowan, Esq. Town of Fraser, Board of Trustees ~ c .. . . . EASEMENT AGREEMENT This Easement Agreement is made this _ day of , 1996 by and between Maryvale LLC and Ozuakee Land and Financial Corporation ("developer") and the Fraser Cemetery Association, a Colorado nonprofit corporation ("cemetery"). RECITALS A. Developer is the owner of certain real property situated in the Town of Fraser, County of Grand, State of Colorado described as Marvale Planning Area No. 28 (p.A. 28) on Maryvale Planning Area No. 28 Subdivision Exemption Plat, which plat is dated and which plat is recorded in the records of the Grand County Clerk and Recorder at Reception Number . B. The Cemetery is the owner of real property adjacent to Maryvale Planning Area No. 28, described in Book 219 at Page 202 of the Grand County Clerk and Recorder's Office, and claims, among other things, ownership rights in easements on and across the developer's real property. C. Developer has agreed to quitclaim to the Cemetery that parcel of land described as Tract A on Maryvale Planning Area No. 28 Subdivision Exemption Plat by separate instruments. D. It is the desire of both parties to this Agreement to execute an Easement Agreement setting forth the (1) release and vacating of certain Cemetery easements and, in exchange, the granting of an exclusive easement to the Cemetery by the Developer, conditioned upon Town of Fraser and Grand County pennitting the developer to locate its entrance on to P.A. 28 north of the exclusive easement to be granted to the Cemetery; (2) granting of easements by the developer to the cemetery for visual corridors and natural screening. AGREEMENT NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE FOREGOING RECITALS, THE SUM OF $1.00 IN HAND PAID TO THE DEVELOPER, AND OTHER VALUABLE CONSIDERA nON, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE DEVELOPER AND THE CEMETERY AGREE AS FOLLOWS: 1. The Developer grants and conveys to the Cemetery, its successors and assigns, forever, an exclusive easement for an exclusive entry area for the Cemetery including ingress and egress over, across and upon the the real property described in Exhibit A attached hereto with the exclusive right for the removal of any trees and ýÿ . . . . . . Easement Agreement between Maryvale LLC and Ozaukee Land & Financial Corporation and the Fraser Cemetery Association page 2 vegetation, operation, construction, maintence and any other activities pertinent or necessary to the operation of the cemetery entrance and entry road The developer shall neither construct nor cause to construct any improvements, nor removal of trees or natural vegetation, nor cause any grading activities within the easement area. 2. The Cemetery its successors and assigns, forever, vacates and relinquishes its easement rights and claims to easement rights to use any other portion of P.A. 28 , other than described in this Easement Agreement. 3. The grant of the easement in paragraph 1 and vacating of easement rights in paragraph 2 above are conditioned upon the Developer being authorized no later than March 4,1997 by the Town of Fraser and Grand County to move its southern boundary of its entrance right of way to the north of the easement described in Exhibit A. Upon satisfaction of this condition the parties shall execute and record such further documents that are necessary to confirm and ratify the exclusive easement and vacating of the easement rights not in this Easement Agreement. 4. The Developer grants to the Cemetery, its successors and assigns, forever, a negative easement that the Developer its successors and assigns, forever, shall never remove any healthy natural vegetation or trees in an area extending north and west 8 feet from the north and west boundaries of Tract A in the above reference Maryvale Planning Area No. 28 Subdivision Exemption Plat and extending along the entire north and west boundary of Tract A in the above reference Maryvale Planning Area No. 28 Subdivision Exemption Plat. It is the purpose of this negative easement to accomplish mutually beneficial screening and buffer between the Developer and the Cemetery, their assigns and successors. forever. 5. The Developer grants to the Cemetery, its successors and assigns, forever, a negative easement that the Developer its successors and assigns, forever, shall never construct nor allow construction of any improvements upon, over, or across P.A. 28 that interfer with the view corridors from the cemetery to the west and to the north as legally descibed in Exhibit B to this Easement Agreement 6. Warranty of Title. The Developer warrants that they hold fee title to the real property described in the Maryvale Planning Area No. 28 Subdivision Exemption Plat subject to the notes and that the title is free and clear of liens and encumbrances. ýÿ . w . . . . Easement Agreement between Maryvale LLC and Ozaukee Land & Financial Corporation and the Fraser Cemetery Association page 3 7. Binding Effect. This grant of easements and vacation of easements shall run with the propery and shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, and all parties in interest. 8. Attorney Fees and Costs. In the event of any litigation between the parties relating to this Agreement, the prevailing party shall be entitled to costs and reasonable expert and attorney fees incurred in connection with such litigation. 9. Governing Law. This agreement and all terms and provisions hereof shall be governed by and construed in accordance with the laws of the State of Colorado, with venue in Grand County, Colorado. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first appearing above. MARYV ALE LLC Developer By: Title OZAUKEE 'LAND & FINANCIAL CORPORATION Developer By: Title FRASER CEMETERY ASSOCIATION, Board of Directors Cemetery By: . . . . . ~ Easement Agreement between Maryvale LLC and Ozaukee Land & Financial Corporation and the Fraser Cemetery Association page 4 STATE OF COLORADO ) )ss. County of Grand ) The foregoing instrument was acknowledged before me this day of , 1996 by (title) of Maryvale LLC. My Commission Expires: Notary Public STATE OF COLORADO ) )ss. County of Grand ) The foregoing instrument was acknowledged before me this day of . 1996 by (title) of Ozaukee Land & Financial Corporation. My Commission Expires: Notary Public ýÿ .. , .. . . .. ti Easement Agreement between Maryvale LLC and Ozaukee Land & Financial Corporation and the Fraser Cemetery Association page 5 STATE OF COLORADO ) )ss. County of Grand ) The foregoing instrument was acknowledged before me this day of . 1996 by Edwin Hill, Ernest Johnson, David Cautrell, Kirk Klancke, Glenn Wilson and Alta Gesellman, the Board of Directors of the Fraser Cemetery Association. My Commission Expires: Notary Public . . MEMORANDUM To: Mayor Johnston and Town Board Members From: Chuck Reid Date: September 3, 1996 Subject: Maryvale Subdivision Exemption At the August 21st Board meeting, you heard Maryvale's request for subdivision exemption of P A 28. This exemption will allow Maryvale to transfer this parcel to another party who will develop the property according to PDD #1, the annexation agreement, and Fraser's subdivision regulations. That evening, you tabled the exemption pending a written between the developer and the Town on several outstanding issues. These issues included: . the agreement made between the Board and developer relative to the change in planned use from residential to mixed use, . the argument that the pipegate represents an "apparent easement," and . the potential of moving the access road for the developed portion ofP A 28 away from the cemetery entrance. Wednesday's agenda includes the ordinance that codifies that which the Board has already agreed to with the developer; Rod McGowan has expressed doubts that the cemetery's pipegate and its use would not qualifY as an apparent easement; and Ed Opitz stated that not only can the crest of the hill be graded (allowing access to the development to be shifted away from the cemetery entrance), it was his assumption that this would happen in conjunction with the development ofPA 28. This appears to answer all ofthe questions the Board raised and those that have been expressed by Cemetery Association. Staff recommends approval of the subdivision exemption. - ýÿ . l, _ ,- FINAL DEVELOPMENT PLAN REQUIREMENT SUBMITTED COMMENT FMC 13-3-12-7(cXi) a See attached The FPDP requires that all Preliminary Plan Development Plan documents are submitted See the attached matrix. FMC 13-3-12-7( c )(ii) a no The development schedule is inconclusive and needs to be clarified. b no Usable open space figures need to be supplied. . c ~ This is a qualified yes, pending the adoption of Ordinance 225 which allows a mixed use development on the site; covenants for storage tract not submitted - d yes ~ -::g e yes Submission was adequate for filing but not for FPDP approval. - -. f yes g yes Unqualified h yes Submission was adequate for filing but not for FPDP approval. 1 no Pertinent items in the Annexation Agreement, especially sections 4.03, 4.04, 5.03, and 5.04 are not identified or addressed. . J yes ~ k yes .,::: I yes ~ ~ ýÿ . . FMC 13-3-12-7(c)(iii) a yes b yes c yes d yes e yes f yes g yes . h yes 1 yes J no Not submitted; adequate development schedule is acceptable. k Pending Ed Opitz' review Wednesday, 9/4/96 I no Development phasing needs clarification m no Not submitted. n N/A FMC 13-3-12-7(c)(iv) All items are acceptable for FPDP filing . FMC 13-3-12-8( e )(i)( d) no Dust control not addressed; private streets not identified as utility easements. l . . . PRELThflNARYDEVELOPMENTPLAN REQUIREMENT SUBMITTED COMMENT FMC 13-3-12-7(b)(ii) a yes Submitted as part of 13-3-12-7(b)(a)(ii) b yes c yes d yes e yes Submission was adequate for filing, but vague; staff would want additional . information prior to FPDP approval f yes . g no Future subdivision dates not anticipated, future subdivision plans not identified h no Not all figures submitted 1 yes J yes This was submitted at PDDP, but changed with Ordinance 225 at FPDP k yes I yes m no Letters of intentions of service need to be received by a sanitation district, . . Mountain Parks Electric, Public Service Company, US West, and the Town of Fraser. FMC 13-3-12-7(b)(iii) a yes b yes c yes - . ' .. FMC 13-3-12-7(b )(iii) d yes e no The location of the dedicated park is not identified; other public uses not specified f yes g yes h yes 1 no Connections to existing electric, gas, sanitatio~ water and telephone. Service not . shown. J no Not submitted. k yes . . . August 20, 1996 Paula Sheridan 215 Carriage Road Fraser, CO 80442 Tm,yn of Fraser Planning Department P.o. Box 120 haser, CO ~{o4{12 To the Planning Department: These arc challenging (Iud impoJ fallt linlt.:s fill all of Gramt Counly and especially fill lhe Town of Fra~er The cteeiRion~ th~t :ue tn:1de ill the nexl few ve:lf~ wHl determine wh:11 the ftdul'e holds fi,r our hmll, OIU cOllltUllllil.\ amI our cmirunment. j\S it 28 yC~1l n.::shlenl oflhe ftaset VaHey and a 1) ~eaf re~idetlf ptoperfy owner in the '( O\vn of Fra~er. ( rcel I am well-quHlified to serve 011 the Fraser Board of Zoning Adjustment. At this critical time, I find it is not enough to merely <lttcnd llnd cxprc;.s my opinions at Town Council meetings: it is lime 10 get involved ami 10 al1cmpt 10 undersland the many sides of current i~sl1es. While the Ro:ml of /\qjnstment i~ only :l ~m:l11 ~fep, I wClnld n.1~o like to he considered for any futme posilion that may open on the J'lalltling Commission, Having been a Fraser ref--:;dent fOf many year~, T havf' ~f'",1l '1;gnificnnt ch~nge~ in 0111' v:ll1ey, T helit've it i<1 critical lhat a viRion (hI' out community he Ikvc10ped and lhallcasonahlc and enforceahle building design ~tandafds and ('odes ~mpport that vi'lir.'1l, My professintml tnwel.s Ink!';' me to re~orf communities around the country and the world, which gives me a solid base for making recommendations that witt align 01lf commuo1ty vi~i()n with re~11ty, Ihm1k you for your thoughlhd cOIl~idcralion of illY appoinlment 10 the BoaHI of Adjustment. Sincerely, ~~ Paula Sheridan Resident ýÿ ~ . . e/t8/t:t?J , R~QQ!!!l:;r'!QN Q.E A~~RQYA!! WHEREAS, pursuant to the provisions of Title 32, Article 1, Part 2, C.R.S. as amended, the Board of Trustees of the Town of Fraser, Grand County, Colorado, held a public hearing on the Service Plan of the proposed Maryvale Residential Metropolitan District on the 28th day of August, 1996; and WHEREAS, Notice of the Hearing was duly published in The Manifest, a newspaper of general circulation within the Town, on August 21, 1996, and notice was forwarded to the Petitioners, the Division of Local Government, the State Auditor, and the governing body of each municipality and special district which has levied an ad valorem tax within the next preceding tax year and which has boundaries within a radius of three miles of the proposed District, all as hereby ratified and approved by the Board of Trustees; and WHEREAS, the Board of Trustees has considered the Service Plan and all other testimony and evidence presented at the Hearing; and WHEREAS, the petitioners and proponent, Maryvale, L.L.C., (Maryvale L.L.C. is also referred to as "Proponent") did provide satisfactory evidence that all owners within the proposed special district are the Proponent or represented thereby; and WHEREAS, it appears that the Service Plan may be approved with certain conditions, as permitted by Section 32-1-204.5 (1) (c) of the Colorado Revised Statutes; WHEREAS, the Proponent has requested conditional approval of the Service Plans for both the Maryvale Residential Metropolitan District and the Maryvale Commercial Metropolitan District; THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO: Section 1. That the Board of Trustees of the Town of Fraser, Colorado, does hereby determine that all of the requirements of Title 32, Article 1, Part 2, C.R.S. , as amended, relating to the filing of a Service Plan for the proposed Maryvale Residential Metropolitan District have been fulfilled and that Notice of the Hearing was given in the time and manner required by the Board of Trustees. Section 2. That the Board of Trustees of the Town of Fraser, Colorado, has jurisdiction over the subject matter of this proposed special district pursuant to Title 32, Article 1, Part 2, C.R.S. , as amended. Section 3. That the Board of Trustees and the Proponent agree that the Town has been afforded insufficient time to thoroughly review the Service Plan. The Proponent, however, has requested the Town to grant conditional approval of the Service Plan to allow the Proponent to hold an election on November 5, 1996 to approve the organization of the District, elect Board members, approve financial ballot issues pursuant to Article X, Section 20 , . . of the Colorado Constitution, and related questions. The conditions on the approval are set forth in Section 6 below. Section 4. By its approval and acceptance of this Resolution, the Proponent agrees to indemnify and hold harmless the Town of Fraser, its officers and employees, (collectively "Town"), from and against any and all liability or loss, including reasonable attorney fees and litigation expenses, resulting from any claim or demand made upon the Town arising from or relating to the organizational process employed for the organization of the Maryvale Residential Metropolitan District and the Maryvale Commercial Metropolitan District. It is further understood and agreed that the Town is relying on, and does not waive or intend to waive by any provision of this Resolution, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq., as from time to time amended, or otherwise available to the Town, its officers, or its employees. Section 5. That, subject to further review of the Service Plan, and subject to the conditions set forth in Section 6 below, the Board of Trustees of the Town of Fraser, Colorado, does hereby find and determine that: (a) There is sufficient existing and projected need for organized service in the area to be served by the proposed District. (b) The existing service in the area to be served by the proposed District is not adequate for present and projected needs; (c) Adequate service is not, and will not be, available to the area through the Town, the County, or other existing municipal or quasi-municipal corporations, including existing special districts, within a reasonable time or on a comparable basis; (d) The proposed special district is capable of providing economic and sufficient service to the area within its proposed boundaries; (e) The area to be included in the proposed District has, or will have the financial ability to discharge the proposed indebtedness on a reasonable basis; (f) The facility and service standards of the proposed District are compatible with the facility and service standards of the Town; (g) The proposal is in substantial compliance with the applicable master plan; 2 . . (h) The proposal is in compliance with any duly adopted water quality management plan for the area; and (i) The creation of the proposed District will be in the best interests of the area proposed to be served. Section 6 . That the Service plan of the proposed Maryvale Residential Metropolitan District is hereby conditionally approved subject to the following conditions, which conditions are hereby agreed to by the Board of Trustees of the Proponent: (a) The Town will conduct further review of the Service Plan in conjunction with the Town's review of the Proponent's proposed annexation of additional lands to the Town and its proposed amendment to the Planned Development District Plan for the Maryvaleproject, which process may include further public hearings concerning the Service Plan and which may not be completed until February, 1997. (b) In connection with such review, the Town may require the Proponent to submit additional information relating to the Service Plan or to modify the terms of the Service Plan. For example, and not by way of limitation, the Town may require the Proponent to modify the Service Plan to limit or restrict the types of services the District may provide in its service area, to require Town approval for certain actions by the District, and to require the District to comply with all provisions of the Planned Development District Plan for the Maryvale project, as the same may be amended from time to time. (c) Upon completion of such further review, the Board of Trustees shall take final action on the Service Plan by resolution, either granting final approval of such Plan or disapproving the same. It is agreed that such final action taken by the Board shall be in its sole and absolute discretion, and shall be final and conclusive with respect to the proposed organization of the District. The Proponent expressly waives any right to judicial review pursuant to Section 31-1-206, Colorado Revised Statutes, as amended, in the event the Board does not grant final approval of the Service Plan. (d) The Proponent shall not obtain an order of the Grand County District Court providing for the establishment of the proposed District, unless and until the Board of Trustees has adopted a further resolution granting final approval of the Service Plan, as provided in Subsection 6(c) above, and a certified copy of such resolution is filed with the Court. If no such resolution granting final approval is adopted and filed on or before March 1, 1997, or if the Board of Trustees takes final action disapproving such Service Plan and a certified copy of the resolution of disapproval is filed with 3 ýÿ , . . . the Court, then the proceedings for organization of the proposed District shall be dismissed. (e) The Board of Trustees and the Proponent shall enter into a stipulation to be filed with the Grand County District Court with the petition for organization of the proposed District, which shall request the Court's approval of the procedure and conditions relating to the Board's final action on the Service Plan and entry of the order establishing the District, as provided herein. If, for any reason, the Court rejects such stipulation or if it is not approved by the Court on or before October 15, 1996, then the Board's conditional approval of the Service Plan shall be deemed withdrawn and the Proponent shall cause the organizational proceedings to be dismissed. Section 7. That a certified copy of this Resolution be filed in the records of Grand County and forthwith be submitted to the Proponent for the purpose of filing in the District Court of Grand County for further proceedings and the proposed call of an election to be held on November 5, 1996 concerning the organization, election of the first board of directors, submission of public questions, and funding of the District. The Town hereby approves the call and holding of such election subject to the conditions on the approval stated herein. ADOPTED AND APPROVED this 28th day of August, 1996. TOWN OF FRASER, COLORADO (S E A L) \,._~~~(:St~~:'VCA__~C'(~~. \\zc.v---- Mayor _I,,1:? 1_ i ('..~, ATTEST: I#t1filL J tJ T Clerk ........ APPROVED AND ACCEPTED BY THE PROPONENT: MARYVALE, L.L.C. ::{J It ~ "o~('~\L ~ r.t\.ihq ) 1"i1'. Manager Manager 4 . .- . . fTJ/fItYVI1U L1f.., ^-~~~j~ a;r - /L(~- r<,~ F: Nlfdbr ;11W1t6EtZ , ~ ./ t ~ . . R~.s.Qld!JTIQN QE 8.E.ERQY8ld WHEREAS, pursuant to the provisions of Title 32, Article 1, Part 2, C.R.S. as amended, the Board of Trustees of the Town of Fraser, Grand County, Colorado, held a public hearing on the Service Plan of the proposed Maryvale Commercial Metropolitan District on the 28th day of August, 1996; and WHEREAS, Notice of the Hearing was duly published in The Manifest, a newspaper of general circulation within the Town, on August 21, 1996, and notice was forwarded to the Petitioners, the Division of Local Government, the State Auditor, and the governing body of each municipality and special district which has levied an ad valorem tax within the next preceding tax year and which has boundaries within a radius of three miles of the proposed District, all as hereby ratified and approved by the Board of Trustees; and WHEREAS, the Board of Trustees has considered the Service Plan and all other testimony and evidence presented at the Hearing; and WHEREAS, the petitioners and proponent, Maryvale, L.L.C., (Maryvale L.L.C. is also referred to as "Proponent") did provide satisfactory evidence that all owners within the proposed special district are the Proponent or represented thereby; and WHEREAS, it appears that the Service Plan may be approved with certain conditions, as permitted by Section 32-1-204.5(1) (c) of the Colorado Revised Statutes; WHEREAS, the Proponent has requested conditional approval of the Service Plans for both the Maryvale Residential Metropolitan District and the Maryvale Commercial Metropolitan District; THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO: Section 1. That the Board of Trustees of the Town of Fraser, Colorado, does hereby determine that all of the requirements of Title 32, Article 1, Part 2, C.R.S. , as amended, relating to the filing of a Service Plan for the proposed Maryvale Commercial Metropolitan District have been fulfilled and that Notice of the Hearing was given in the time and manner required by the Board of Trustees. Section 2. That the Board of Trustees of the Town of Fraser, Colorado, has jurisdiction over the subject matter of this proposed special district pursuant to Title 32, Article 1, Part 2, C.R.S. , as amended. Section 3. That the Board of Trustees and the Proponent agree that the Town has been afforded insufficient time to thoroughly review the Service Plan. The Proponent, however, has requested the Town to grant conditional approval of the, Service Plan to allow the Proponent to hold an election on November 5, 1996 to approve the organization of the District, elect Board members, approve financial ballot issues pursuant to Article X, Section 20 , , . . of the Colorado Constitution, and related questions. The conditions on the approval are set forth in Section 6 below. Section 4. By its approval and acceptance of this Resolution, the Proponent agrees to indemnify and hold harmless the Town of Fraser, its officers and employees, (collectively "Town"), from and against any and all liability or loss, including reasonable attorney fees and litigation expenses, resulting from any claim or demand made upon the Town arising from or relating to the organizational process employed for the organization of the Maryvale Residential Metropolitan District and the Maryvale Commercial Metropolitan District. It is further understood and agreed that the Town is relying on, and does not waive or intend to waive by any provision of this Resolution, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq., as from time to time amended, or otherwise available to the Town, its officers, or its employees. Section S. That, subject to further review of the Service Plan, and subject to the conditions set forth in Section 6 below, the Board of Trustees of the Town of Fraser, Colorado, does hereby find and determine that: (a) There is sufficient existing and projected need for organized service in the area to be served by the proposed District. (b) The existing service in the area to be served by the proposed District is not adequate for present and projected needs; (c) Adequate service is not, and will not be, available to the area through the Town, the County, or other existing municipal or quasi-municipal corporations, including existing special districts, within a reasonable time or on a comparable basis; (d) The proposed special district is capable of providing economic and sufficient service to the area within its proposed boundaries; (e) The area to be included in the proposed District has, or will have the financial ability to discharge the proposed indebtedness on a reasonable basis; (f) The facility and service standards of the proposed District are compatible with the facility and service standards of the Town; (g) The proposal is in substantial compliance with the applicable master plan; 2 ýÿ , . . . (h) The proposal is in compliance with any duly adopted water quality management plan for the area; and (i) The creation of the proposed District will be in the best interests of the area proposed to be served. ection 6. That the Service plan of the proposed Maryvale C mmercial Metropolitan District is hereby conditionally approved s bject to the following conditions, which conditions are hereby agr ed to by the Board of Trustees of the Proponent: a) The Town will conduct further review of the Service Plan . n conjunction with the Town's review of the Proponent's propo ed annexation of additional lands to the Town and its propo ed amendment to the Planned Development District Plan for t e Maryvale project, which process may include further publi hearings concerning the Service Plan and which may not be co pleted until February, 1997. b) In connection with such review, the Town may require the P oponent to submit additional information relating to the Servi e Plan or to modify the terms of the Service Plan. For examp e, and not by way of limitation, the Town may require the P oponent to modify the Service Plan to limit or restrict the t es of services the District may provide in its service area, to require Town approval for certain actions by the Distr ct, and to require the District to comply with all provi ions of the Planned Development District Plan for the Maryv Ie project, as the same may be amended from time to time. Upon completion of such further review, the Board of es shall take final action on the Service Plan by tion, either granting final approval of such Plan or roving the same. It is agreed that such final action by the Board shall be in its sole and absolute discr tion, and shall be final and conclusive with respect to the p oposed organization of the District. The Proponent expre sly waives any right to judicial review pursuant to Secti n 31-1-206, Colorado Revised Statutes, as amended, in the e ent the Board does not gr ant final approval of the Servi e Plan. d) The Proponent shall not obtain an order of the Grand District Court providing for the establishment of the ed District, unless and until the Board of Trustees has d a further resolution granting final approval of the e Plan, as provided in Subsection 6(c) above, and a certi ied copy of such resolution is filed with the Court. If no su h resolution granting final approval is adopted and filed on or before March 1, 1997, or if the Board of Trustees takes final action disapproving such Service Plan and a certi ied copy of the resolution of disapproval is filed with 3 , , . . the Court, then the proceedings for organization of the proposed District shall be dismissed. ( e) The Board of Trustees and the Proponent shall enter into a stipulation to be filed with the Grand County District Court with the petition for organization of the proposed District, which shall request the Court's approval of the procedure and conditions relating to the Board's final action on the Service Plan and entry of the order establishing the District, as provided herein. If, for any reason, the Court rejects such stipulation or if it is not approved by the Court on or before October 15, 1996, then the Board's conditional approval of the Service Plan shall be deemed withdrawn and the Proponent shall cause the organizational proceedings to be dismissed. Section 7. That a certified copy of this Resolution be filed in the records of Grand County and forthwith be submitted to the Proponent for the purpose of filing in the District Court of Grand County for further proceedings and the proposed call of an election to be held on November 5, 1996 concerning the organization, election of the first board of directors, submission of public questions, and funding of the District. The Town hereby approves the call and holding of such election subject to the conditions on the approval stated herein. ADOPTED AND APPROVED this 28th day of August, 1996. TOWN OF FRASERrQ~~RADO (S E A L) \'''~\ .Q~ \r<AC, 'E:::,). ~\oA.'--'-'''-~ Mayor - p,~ (' If:"\-'\ APPROVED AND ACCEPTED BY THE PROPONENT: MAR:rAL~L.LoC. ~::-~ I) . 2-. ,cl tCC~L~J~ 1.(11 Manager Manager 4 <J I' .. . . fT11f{( YVtlLL UCt ^- ~ ~ ~J ~ a;r _ /Lt~- R,~ F: /JIPabr f'1/tN/l6E1Z , ~ ,/ ýÿ