HomeMy Public PortalAboutTBP 1995-11-15
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TOWN OF FRASER
"Icebox of the Nation"
P.O.' Box 120 1153 Fraser Avenue
Fraser, Colorado 80442
(970) 726~5491
FAX Line: (970) 726-5518
TOWN BOARD AGENDA
REGULAR MEETING.
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NOVEMBER 15, 1995, 7:30 p.m.
1. Roll call
2_ Approval of 11/01 minutes
3_ Safeway Liquor License Renewal
4. Discount Liquor Barn Liquor License Renewal
5. Approving, Ordinance: Amendment to the Maryvale P~e-Annexation Agreement
6. Annexation & Zoning Public Hearing: Maryvale, LLC (8:00 p.m.)
, 7. Approving Ordinance: Maryvale Annexation and Zoning Request
8_ Approving Ordinance: Water & Power Authority Loan
. . 7....(.i~ ~ c-~ry ,
9. Manager's Choice~' . .
10_ 71lbll" ~ r""\.b... r~
Board 'Member's Choice
. MEETING SCHEDULE REMINDER
November 22nd: Planning Commission.
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TOWN OF FRASER
"Icebox of the Nation"
P.O. Box 120 / 153 Fraser Avenue
Fraser, Colorado 80442
(970) 726'5491
FAX Line: (970) 726-5518
Manager's Briefing: November 13, 1995
Old Items
Cheryl Chesson had surgery last week. I'm happy to report that she's recuperating and should be
back in a couple of weeks!
I attended two very interesting meetings last week, one at CML on growth management and a
CAST meeting. Both meetings were informative and it is obvious that several issues that both
groups are working on are beginning to gel. Next year's legislative session should have long
standing impacts on growth and, particularly, growth in and around ski areas. The best thing
about the meetings is the affirmation foraser receives regarding many of the policies and postures
that we are taking!
New Items
Wednesday's meeting has the potential to be rowdy -- enclosed is a "treatise" that is making the
rounds regarding the Maryvale annexation request. I spoke with the authors explaining that
we're concerned about many of the items that they expressed, and that we will be working with
(i.e. requiring) the developers to submit a new and improved plan with the annexation of the 200
acres. I further explained that if this annexation stood on its own, it simply leads to decreased
\ densities on planning areas 23a and 23b. They seemed to be a little more relaxed after we
talked. I also expect an article in the Manifest about the annexation and the concerns raised by
the authors on Thursday. We will address many of the concerns addressed in the treatise at the
public hearing.
The Maryvale annexation public hearing is followed by the zoning public hearing, both of which
are followed by a proposed Ordinance that annexes, zones, and amends the Planned District
Development Plan. The Ordinance will he sent separately from this packet -- Catherine and
I are meeting with nod McGowan tomorrow to finalize the Ordinance. \'011 will receive
this by Tuesday night. The section in the packet regarding the annexation is fairly lengthy,
with several items transmitted to the Board -- most of which we have talked about before.
Also on Wednesday we'll consider an Ordinance that puts the Water & Power Authority loan in
process. The Ordinance must be adopted prior to closing on the loan which will enable us to
bring two more water wells on line next year.
See you Wednesday!
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'TOWN.OF.FRASER
"Icebox of the Nation",
P.O. Box 120/153 Fraser Avenue,
Fraser. Colorado 80442
(970) 7~6-5491
FAX Line: (970) 726-5518
Manager's Briefin~: November 14, 1995
Th~s packet includes a new and improved agenda for tomorrow night~ the final proposed
ordinance drafts for the Maryvale Pre-Annexation Agreement and the Annexation and 'Zoning.
request, and a "script" of everything that has to happen during the annexation and zoning public.
hearing. Before the public hearing, we need to adopt an ordinance that amends the annexation
agreement and it is at_this time that I will provide an update on where we are at in our
discussions and negotiations with the Maryvale developers -- an update that will hopefully
. address some ofthe concerns. that we are hearing about the annexation,
To reiterate the' amendment to the aimexation agreement, the proposed annexation and zoning
request will simply decrease the densities .that have already been approved for Planning
Areas 23A and 23B. The Planning Commission accepted this as a minor amendment to the
Planned District Development Plan -- continge.nt upon successful annexation and zoning from
the Town Board. rfthere is anything that I hope people leave the public hearing with, it is that
the density has decreased. Past that, it is my hope to engage the energy being expressed about.
this annexation towards the Valley-wide growth coordination proces~. The issues that are being
raised are familiar -- t~ey are issues that the Board expressed during the :goal and value setting . .
exercise that we did for the 1996 budget..
I'm looking forward to a very interesting m~eting.
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TOWN BOARD
NOVEMHER I, 1995 /
The regular meeting of the Fraser Town Bo:m) was called to order at. 8:00 p.m. Board present / -
were Mayor Jensen, Wirsing, Johnston and Swatzell. I\lso present were Reid, Skelton and
Winter.
Board reviewed several subjects with the new Chamber I )irector C:llheline Ross.
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Minutes of the previous meeting were approved as wlitlen.
Represent:l'ives of CDOT reviewed 'he pf(~icct 'h:lt wm; just completed on stabilization on r
Berthoud Pass. They advised of problems that thcy encoun'ered :lnd asked for allY input to the
project that lhe community had with regards to the project. Also reviewed W:lS the future pr~iects /
for Berthoud.
Board reviewed the proposed sign code language amendments, Wirr,illg moved to set thesc /
amendments for public hearing on Dec. 20th at 8:00 p.m., second Swatzell, canied.
Jcnscn stated that he would be gone from Nov. 14th to Dec. .13th. "-
Reid reviewed that status of the Fraser Mustang property.
No fUl1her business, meeting adjourned at 1 O:()O p.m.
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MARYV ALE OPPOSITION GROWS
As planning continues for Maryvale, a public hearing will be held this
Wednesday, November 15 at 8 PM in the Fraser Town Hall to act on the
developer's request to annex an additional 25 acres to the Town of Fraser
to facilitate the construction of .a Golf Course. Maryvale, the 700 acre
planned unit development located on the North side of Fraser on the old
Cozen's Ranch, is planning to build the first phase of its golf course in the
Summer of 1996. However, a number of Fraser Valley residents are
beginning to actively question the Maryvale
project's densities which
were approved in 1986 during severe economic times.
The Maryvale PUD states that a resort village could be built to
accommodate 33,000 people on any day in which occupancy is 75%, The
Village would be comprised of 5521 residential condominiums, 2466 Hotel
and Lodge Units, and 600,000 square feet of commercial space in buildings
not over 50 feet in height. The PUD states that 5360 permanent residents
would be employed at the 75% occupancy level which would require 2436
permanent housing units, assuming 2.1 employees lived in such units.
Noticeably absent from the PUD is any requirement that the developers
build or otherwise provide the housing for their employees.
Many Fraser residents are upset with the current Maryvale PUD.
Fraser resident Leslie McCallum stated,
"I feel that the Maryvale
development is obscene, showing no conscience concerning the future of
the Fraser Valley and would cause irreparable harm to our hometown
environment. "
Others say many Valley residents have become resigned that there
was little that could be done to change the development. "Residents of the
Fraser Valley have been apprehensive for years as to the size of Maryvale
and what development might occur in the meadows between Fraser and
Winter Par k," according to Fraser property owner Deb Anello. "I think
most people have felt that since Maryvale was already approved, our hands
were tied. This in not necessary true, however.
There is a strong
sentiment that the Town of Fraser should not cooperate with the Maryvale
developers in any way that is not required by law until the developers
submit a revised PUD that modifies the density to a level appropriate for
the Fraser Valley. . This process should start with the refusal of the
requested annexation on Wednesday night."
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In a recent Manifest article, Maryvale spokesman Rich Nipert stated
that although the finished development may not he as large as allowed, his
company was unwilling to commit that the entire planned density would
not be built. Indeed, in recent meetings with the Town of Fraspr, the
~ Maryvale developers have II1dicated that if their requested changes were
,\0 v. ' ~t met, that the development would simply be built to the size already
\i>~ b'7 wprQYed. ___
~~ . Some County residents feel that Maryvale's impacts are a County
wide issue, "The sheer size of Maryvale will impact the entire County in
areas such as air and water quality, schools,
traffic, and affordable
, housing," said Granby City Councilwomen Sara Thompson. "Where will the
proposed 5360 employees live? If current trends continue, Granby and Hot
Sulphur Springs may absorb much of this increase. We must ask ourselves
if it Is desirable or feasible for our communities to bear this burden. I
hope that the Town of Fraser will accept input from residents of the
entire County since we all will be affected."
Fraser resident Sharon Randall Shelton summed
up th~ current
feelings by saying, "If you have an opinion on this issue you should attend
the Public Hearing on Wednesday night cHld speak your mind. Every
resident of the Valley will be impacted by Maryvale and it certainly
doesn't do any good to sit and complain after the project is already built."
Sources:
Sara Thompson 726-8894
Sharon Randall Shelton 726-8891 x 28
Deb Anello 726-0127
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IS MAKYVALE troo BIG?
FACTS
The Town of Fraser approved a Planned Unit Development (PUO) in 1986 which
allows the following to be constructed on the Maryvale Property between Fraser and Winter
Park.
Development S i z e-
700 acres
5521 residential condominiums and Townhouse Units
2466 Hotel/lodge Units
Planned to accommodate 33,000 people at anyone time based on 75% occupancy-
apparently 44,000 people would be present if 100% occupied
5360 permanent residents would be employed i n the development at 75% occupancy
Z.f 3 6 permanent housing units required to house employees but not required by
the developer under the PU D
430,000 sq. ft. of mixed use commercial space -1 70,000 of support commercial
Ma,ximum Building Height - 50 feet
Golf Course
Convention Center
Access to Development Main -Highway 40 Secondary-Fraser Valley Parkway
Development Status-
The Town of Fraser is legally obligated to allow the construction of the above development provided the
Developer can arrange for ~e utilities including water and sanitation. TIle Town is not obligated to
amend the PUD or allow the addition of any land to the project unless it so desires.
COMMUNITY CONCERNS
-SCHOOLS
- TRAFFIC
-AIR AND WATER QUAUTY
-AFFORDABLE AND EMPLOYEE HOUSING
-DEVELOPMENT I N MEADOWS
Grand County currently has approximately 9000 permanent residents. Do we want Maryvale to have
the ability to create 5360 new jobs and attract up to 44,000 people to their project (Xl a given day?
PLEASE VOICE YOUR OPINION AT THE PUBLIC HEARING
FRASER TOWN HALL - WEDNESDAY NOVEMBER 1 5 - 8PM
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"Icebox of the Nation"
P.O. Box 120/ 153 Fraser Avenue
Fraser, Colorado 80442 .
(970) 726-5491
FAX Line: (970) 726-5518
MEMORANDUM
To: Mayor pro-Te~~e Klancke and Members of the Town Board
From: Chuck Reid }
Date: November 13, I 5
Subject: Maryvale, LLC request for annexation
On September 24, 1995, the Town of Fraser received an annexation petition from Maryvale, LLC,
regarding three non-contiguous parcels of real property totaling approximately 26 acres, The
annexation petition was preceded by an accompanying request for POD zoning for these parcels.
(This request preceded the annexation petition as the original annexation petition did not meet with
Town staff's approval and it took about one month for the developer to finalize the petition,)
The request for annexation has initiated three separate processes: annexation, zoning, and an
amendment to the approved Planned District Development Plan. The issues to be determined at
the hearing, and findings the Board must make, are whether or not the area proposed to be
annexed meets the applicable requirements ofC.R.S. 31-12-104 and 105 and is eligible for
annexation; whether an election is required (not applicahle to p.etitions hy 100% of the
owners); and whether "additional terms and conditions" are to he imposed.
The annexation petition
Town staff has determined the following:
. The request for annexation meets the spirit, intent, and. form of CRS 31-12-104 and 31-
12-105, and specifically
l. a minimum of 1/6 of the parcels requesting annexation are contiguous with
Fraser's current Town boundaries
2. of the properties' owners have requested annexation, and
3_ a "community nli11lerest" exist between Fraser's current town boundaries and
the parcels requesting annexation.
. All other applicable section of the Colorado Revised Statutes regarding a request for
annexation have been met.
. The Town has received all applicable fees relating to annexation requests.
The Planning Commission and Town staff recommend approval of the annexation request.
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Page Two
Maryvale, LLC request for annexation
The Zoning ReQuest
Town starf has determined that the request for PDD zoning meets the spirit and intent of
Fraser Municipal Code 13-3-12, Planned Development District, and would like to point-out
the following:
. The original zoning request from Maryvale, LLC. Requested that the "_ . . northerly 20%
(~rthe eomhined areas /on PA28/ he zoned to allm-t' the installation ofa storage/aeility
and that the remainder (~ltlle parcel retain the multi-family use already allotted to area
28 (e.g. 20 units per acre. .. Subsequent to the original zoning request the developer
requested, at my suggestion, that parcel 28 be zoned "Mixed Use" to better
accommodate future development. I made this suggestion as my interpretation of the
Zoning Code is that the Maryvale property is zoned PDD, and that the uses identified by
the Planning Areas were just that, "plans." Town Attorney Rod McGowan has indicated
his preference to treat the planning area designations as the official zoning and, as such
recommends that the developer go through a "Change in Zoning" process prior to
changing the zoning. I have spoken to the developers about this change and have
requested that they request a residential zoning for PA28 at this time, and that we review
this situation after the annexation.
. The Town has received all applicable fees relating to zoning requests.
The Planning Commission and Town staff recommend approval of the PDD zoning request.
The Amendment to the Planned District Development Plan
The annexation and zoning requests addressed above required an amendment to Maryvale's
Planned District Development Plan, which was adopted on September 24, 1986 and is the
responsibility of the Planning Commission. In their consideration the Commission
determined that the proposed annexation and subsequent zoning request constituted a minor
change to the approved PDOP, A letter regarding their determination is attached.
Highlights from the proposed amendments to Maryvale's PDDP:
. P.A. 23A is enlarged by approximately 12 acres, with no corresponding request for an
increase in the allowed density on this parcel, which is currently "zoned" for 478
condominium units,
. P.A. 238 is enlarged by approximately 13 acres, with no corresponding request for an
increase in the allowed density, which is currently "zoned" for 630 condominium units.
· P.A. 28 is enlarged by appr~xim~tely .1.3 acres,. and the Planning Area is requested to ~
cbaRged fmnl f1. f)IRRR~d resldgRtlal area tg a mlxerll1~p arga. ;IN^~on ~~
I look forwf:;~earing the discussion at the public hearing,
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TOWN OF FRASER
"Icebox of the Nation"
P.O. Box 120/153 Fraser Avenue
Fraser, Colorado 80442
(970) 726-5491
FAX Line: (970) 726'5518
MEMORANDUM
To: Mayor Pro- T ~~$and Town Board Members
From: Chuck Reid I ~ V
Date: November 13, . ~
Subject: Water & Power Authority Loan Ordinance
Attached is a proposed Ordinance that enables the Colorado Water Resources and Power Development
Authority to provide Fraser with a $200,000 loan for improvements to our water system. This loan is
considered long term debt (five years) and is subject to voter approval by Article 20 of the Colorado
Constitution (the TABOR amendment). This debt was approved by Fraser voters in November of 1994,
Prior to obtaining the loan, the Board needs to approve the Ordinance. If you have a desire to read the
loan agreement, please let me know. We will consider this Wednesday and I encourage your support.
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SENT BY:BAllARD SPAHR ANDREWS ;11-13-95 ;12:04PM ; 3032963956-+ 9707265518;# 2
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1l1)47.001(pP)
TOWN OF FRASER
ORDINANCE NO.
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AUTHORIZING THE UNDERTAKING AND COMPLETION OF A PROJECT
RELATING TO THE WATER SYSTEM TO THE TOWN OF FRASER,
COLORADO, AND THE EXECUTION AND DELIVERV OF A LOAN
AGREEMENT, DATED AS OF NOVEMBER 15, 1995, BETWEEN THE
COLORADO WATER RESOURCES AND POWER DEVELOPMENT
AUTHORITY AND THE TOWN OF FRASER, COLoRADO, AND THE
ISSUANCE OF A GOVERNMENTAL AGENCY BOND (TOWN OF FRASER,
COLORADO, LIMITED TAX AND WATER REVENUE BOND, SERIES
1995A, DATED NOVEMBER 15, 1995, IN THE PRINCIPAL AMOUNT
OF $200,000) EVIDENCING THE OBLIGATIONS OF THE 'TOWN
UNDER THE LOAN AGREEMENT.
WHEREAS, the Town of Fraser, Colorado (the "Town") has
made an application to the Colorado Water Resouroes and Power
Development Authority (the "Author! ty") tor a loan to finanoe
improvements to the water system ot the Town, including
construction and installation ot two new water wells, associated
piping and other improve~ents and the renovation of Chlorine
treatment facilities and the payment ot engineering and other
associated cost. (the "Project"); and
WHEREAS, the Authority has approved said application;
ancl
WHEREA$, the Board of Trustee. or the Town desires to
authorize the undertaking and completion of the Project; and
WHEREAS, there has been filed with the TQwn Clerk of
the Town the form of a Loan Agreement, ~ated aa of November 15,
1995 (the "Loan Agreement"), between the Authority and the Town;
and
WHEREAS, the Loan Agreement provides for the issuance
by the Town of a Governmental Agency Bond (Town ot Fraser,
COlorado, Limited Tax and Water Revenue Bond, Series 1995A, dated
November 15, 1995, in the principal a~ount of $200,000 (the
"Bond") eVidenoing the obligations of the Town under the Loan
Agreement.
NOW, THEREFORE, BE I~ ORDAINED BY THE BOARD OF TRUSTEES
OF THE TOWN OF FRASER, COLORADO AS FOLLOWS:
1. The undertaking and completion of the Project are
hereby authorized.
2. The forms of the Loan Agreement and the Bond and -
any changes thereto as may be necessary in the opinion of the
special counsel and the bond counsel for the Town to effectuate
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SENT BY:BALLARD SPAHR ANDREWS ;11-13-95 ;12:05PM ; 3032963956-+ 9707265518; # 4
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ADOPTED AND APPROVED BY AN AFFIRMATIVE VOTE OF A
MAJORITY OF THE MEMBERS OF THE. BOARD OF TRUSTEES OF THE TOWN OF
FRASER, COLORAOO, THIS 15th day of November, 1995.
BOARD 'OF TRUSTEES OF THE TOWN
OF FRASER, COLORADO
By;
Mayor '"\
(TOWN)
(SEAL)
AT'l'EST:
Town' Clerk
[STATE, OF COLORADO )
) 8S. CERTIFICATE AND ATTESTATION
COUNTY OF GRAND )
I, Virginia Winter, Town Clerk for the Town of Fraser,
Colorado, hereby certifY and attest that the foregoing Ordinance.
No. was introduced, adopted and approved at a regular meeting
of t~Board ot the Town of Fraser, Colorado, on the 15th day of
November, 1995 and the full text of said ordinance was published
in the winter Park Manifest, a newapaper ot .general circulation
within the Town of Fraser, Colorado, on the __ day of November,
1995.
Town Clerk
Town of Fraser, Colorado
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SENT BY:BALLARD SPAHR ANDREWS ;11-13-95 ;12:05PM ; 3032963956~ 9707265516;# 3
the intentions or the parties or to comply with the provisions of
applicable law are hereby approved.
3. The Mayor and Town Clark of the Town are hereby
authorized and directed to execute and deliver the Loan Agreement
to the Authority.
4. The Town shall issue the Bond to evidence the
obligations of the Town under the Loan Agreement. The Bond 'shall
. be in the principal a~ount, ~ature on the date, bear interest
payable at the rate (such that the net effective interest rate.
does not exceed the maximum net effective interest rate ot 5.00i
per annum) and on the dates, be prepayabIe at the option of the
Town on the dates and at the prices, be in the form and be
secured in the ~anner provided in the Loan Agreement.
S. The Mayor and Town Clerk of the Town are hereby
authorized and directed to executa and deliver the Bond to the
Authority.
6. This Ordinance is, and shall constitute, a
legislative measure of the Town, and after the Bond is issued,
this Ordinance shall constitute an irrevocable contract between
the Town and the Authority, and this Ordinance shall be and eha1l
remain irrepealable until the Bond .hall be fully paid, satisfied
or discharged.
7. All action not inconsistent with the provisions of
this Ordinance heretofore taken by the Town.or its officers and
otherwise directed toward the authorization of the undertakinq
and completion ot the Project and the exeoution and delivery of
the ~oan Agreement and the issuance of the Bond is hereby
ratified, approved and confirmed.
8. All ordinances, resolutions, bylaws, orders, ~nd
other instrument., or parte thereof, inoonsistent herewitb are
hereby repealed to the extent only of such inconsi8tenoy. This
repealer shall not be construed to revive any ordinance,
resolution, bylaw, order, or other instrument, or part thereof,
hereto tore repealed. . .
9. If any. section, sUbsection, paragraph, clause or
other provision ot this Ordinance Bhall for any reason be held to
be invalid or unenforoeable, the invalidity or unentorceability
thereot shall not affect any of the remaining sections,
8ubsections, paragraphs, clauses or provision. Of this Ordinance.
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BAKER, CAZIER AND McGOWAN
A L~lW Partnership of Professional COI.po....tions
6H95 l.J.S. Highway ~o East
Box 500
John L. Baker. P.e.
G....llb),. Colorado 80446
Stallle)' W. Cazier. P.e.
Telephone: (970) 887,3376
Rodney R. l\lcGowan. P.C.
Fax: (970) 887,9~30
FAX MEMO
CONFIDENTIALln' NOTICE: The Inrorlllalion cOlllalned In Ihls lelecoJl)' ma)' be cOllndenlial andlor Jlrivlleged_ Thh telecoJl)'
is Inlelllled
to be rel'lell"t'd only b)' lhe illlllvidual(sl named above, Jr lhe recipienl of fhls
lelecoJlY
Iranslllitlal page h nollhe inlelllled recipienl or an authorized represenl.lll\'e or Ihe
inlended
recipienl, )'on are requested to JlroIllJlII)' colli US, collecl. at Ihe leleJlhone number sel
forlh above
.lIId return Ihe original of Ihh telecoJl)' 10 ns .lllhe ahove address. Please do nOI
read, cOJlY,
or disselllinale Ihis leit'coJl)' or the inforlll;lIlon conlained Ilt'rein,
1,lalne
ta;.: f.j ,~-, .
1',1 r . Chu,~:1-:: Reid
To: Hs. I<atherine :3kel te,rl
(970) 7 2 (:, - 5 5 1 8
Tc,\.-Jn c. f traSer
From: Rc,d Ivl'-::(~<:'V/.3
1'1
Baker,
C3zi.er ~1~ 1"k:l;,~'i"I.3 1"1
ta:" l'lumbe L-: (970) ,j ~~ 7 - 'J .:J Yi
Bus i 1'1 P. S S ['hor,e: (970) :jc;7-337(}
Date: 1\loveli"ibe r 14, 1 ~\95
Tillie: :2:29 pm
Paeje.'3 : 8
Subject: Haryvale ;n, n n E: :,,3 t i ,") 1"1
Iv] E: ;3 ~~ ,n, C~ E:
p.t.tached is a draft (Jf the
1"1i rlu t e:3;' sc r ipt f()r the ~'I.3 r ,/V..3 1 e
a rJ 1'1 e >: a t. i c") 1"1 arid zc,rllrl';1 he3L-irIY,
as \Ie d 1 S C' 1.1:3:3 ed 11'1 c,U L-
':' f f i .: e
con fe l'erlce earliEr te,da y. Please
Cid'v'l:::e i f \'~-:J u have CJ 1.1 est i c' rJ s
or
comments ,~:once rrli rly thjs d r.3 f t. .
C
: '. IJ HJ[;(,I.J:3'. ~: f'(ICJ 1.,\ FA:C\ CHRE:,AA4 ,',.Jf'[)
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MINUTES OF
A REGULAR MEETING
OF THE BOARD OF TRUSTEES
OF THE TOWN
OF FRASER, COLORADO
The 8')03 rd ':' f T rl.l::;tees ,) f the Tc,~-m ,:,f
fraser, ::.::;t3te of
Colorad,:" met at the T..:,\"/rl Hall
in fra::;f?r, C c) 1 ,:' r .3 d c:> ,
the present
rneetin,] place of said E:,:).3 rd,
in r e 'J u 1 a r s e s s i 01'1 , at
the hour of
8:00 o'clock p.m., (:)1'1 the
15th day of November, 1995. The
meet. i ng \.ras called to c,u:ler bjl the ["'iayc,r E'r,)-Tem,
and upe,n roll
call the follov.rinq \--lel-e f ,:.tIn'.:]
tc) be present, ,::.:>nsti t ut i n,~ a
quorum:
E' r e ::: e 1'1 t :
J>,bsent:
The r e VI ere also r.:,re::;ent:
TovJr, IVlarl.3,~er, Chuc:k P. e j. d ,
TO\-/rl
Planner, Katherine Skelton, Tovm Clerk,
Vj rIJinia IrJirlter, and TCMrl
Att.c:>rney, R,~)d HcGc'~lan.
OTHER E;USIIIE',;3:.3
The 1,1 a ye, r Pro-Tem presented to t t',e
8,.:, a rd a prol:"'Qsed
~~ Supplement and .I\rnendrnent to .u_nne;.:a tj (:,n ii"J reernen t. da t ed !".Iovembe r
15, 1995 between M3ryva]f? LLC and 1: h e '1\:'V'ITI
,:> f fraser. It \;I"3S
duly rlc,ted that the t e ni"IS c' t
the I:Jr,:;p,:,sed SUPI:;l Ernent and
J>.rne ncJme n t t ,~, P,nne;',.:i t. i ,:",1'1 .Il..;! l-eElnE n 1: \...;ere
e)T' re:3 sly ,>x,d j t i (:')1'1:'11 uporl
a lJublic he a r i r"J and a
tavorable vote of thi.3 803rd anne:"lny
the
subj E<:t l:,ropE: rt y to the T,)\,m
and zorlin'.J such prc'l=-,el-ty "Planned
Developrnent District I'/c, . 1
(PDD U 1 :1 " . The 8,)3 rd dl scussed
the
t e rrn.3 and condi ti,:)n:3 (:,f .c;a id
[~uPl=,l erne n t and p.rnendrnent te)
p.nrl e:.\ at i on li<J re e.rne Ii t t c', de t ;:; rIll i n e if
it. ShOlll.:::J be al~'pn)ved by the
Board of Trustees. P. '>:)l:'j! c' f the
:3uppl ernerlt and l\llleri':::llnerlt to
Annexation Agreement was ordered attached t,)
t h Eo S e l'h nut e .3 3""
E:-:l'd.bi t " l:-..."
The Jv1a yo r Pre,-Te.II'1 therl pceser,ted
.:ind int l"(:odu,::e,j an Ordirl.3nc:e
entitled: p..!'.1 (IF\.DII.J.L\IICE ?PPROVHIG P. SUPPLElvlEllT AI'ID _nj-JIE',IIDI-'IEHT TO
~t>>oi~ p,.tII'1 E:--':?_T Iell'.J _~GRE EIVIEI\IT 8ETVJEEI'1 Iv1.n,P,YVl\LE LLC .u,I'ID THE
80.nRD Of
(' : \l~HlIXMS \ ~~ f',)('['\ FAX \ H Ii'n.l'fES5 .l-iPD
ýÿ
.
.
TRUSTEES Of THE ~OWN Of fR,n.SER. Attorney McGowan stared
that the
Ordinance h a'd bee n d r aft e d b i' h i rn s elf afld V,fas
in t=-' ro[::-,e r fe, rrn.
The title of said Ordinance was read, afld
the Ordinance 13 as
f ':l 11 eM s : .
~ See attached Exhibit "B" , whi ,::h
is .:1 ,::e,mr,l et e, t cue
an,j
if; \ 6f' c,:, r l'ec t. C,)py ':) f sajl] Ocdinan,_::e, and \,rhi ,::h I::.-y'
thi s reference
6iI;Ot;~~ IS rnade a part. he re,:, f .
called
The tv1ayor Pt'c,-Tem then the ':1 u
est ion <) f a l:'P L',::-, V i n'J c) r
d is a pp r,:;v i fir;) sa id Ord i fla flce and the
Suppl ernent and l.\.rnendrneflt to
Annexation Agreement. It 1./as then moved by Trustee
,
-----
afld sec,:,nd'ed b}' T nlstee
, thdt all nll E: S (I f thts
Bela t'd
which might prevent, U I'd e s s suspended, the
final pass3\JE: and
~o)-\/ adoption o.f this Ord i n,:J rl,::12 dt this
rneetirl':J be, and the sa rne
hereby are, suspended f (:, r the pu q:!ose ':) f
p E: rrn i t tin q the fil'l a 1
passage afld adoption (of said Ordinance at
this mee.tinq. The
question be i n'd UpOfl the suspension of the
nll es, the [,)11 Has
called 'voIith t.he folll)Hirl'j result:
T h ,-:> S e v':) t i fi'J ,"t.. 'j e :
Those vot i rl>:J "1.3 }, :
,
Those abseM, ~
There being a ,:ju,;,nIJri elf th~ E;t~ard or _Trust.ees l;'C~, and
all those [:.'L"eSent haVlfl,~j v,:,te,j Ifl I3VI)[ or s,'11d rnotl':J\, the
presiding officer declared sa i din,::, t i 'J n car L'i ed
,:ind the cl.lle:3
suspended.
Trustee then mGved
rhat 1.1-,.1 _ A~ A
~ 1] ()r::llf-r-'e
I~.- r--~ej
.:;.:1',
. l ld 11__ _Je _1,j,0~:> I
-----
and adopt.ed as read. T L"I.I::;t.ee
se,::on..-::Jed the
Inot iCln. The
---
questiofl beinq upon the [=-, a ;:; ::i a 'J e afld
ad.::,pt ion ':.' f said Ordinance,
the colI \.-/03 ::; called \,-/ith the fo llcMi fir]
t"e::;\ll t:
Those votinq Aye:
Those v':ltirl'] Ila~':
Those 3bserlt:
~
There be i n'J a quorurn of the
8'X:I rd ':' f ~. ,...eoert arid
.~_.c::c:~. '"-' J_.,
all those present havi.nQ voted In f .:1\/ c, c ()
,:11d m,.:-,t lon, the
presidin'J I:,fficer decl.ared the sa i,::l me,t
ion cat'i'ied 3nd the
Supplement and ,n.lrlendment t,:, ,n,nne:C:.3t ],,::,n L,']L'eerr,erlt.
appu)ved.
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.
.
Trustee
then rnove.:::J 1:hdt :::aid (ll"dinaflce be
publ i:3hed in the vJi flt.e c Pack lvIanifest, the
S3me be i fl<J a ne...,fspape
c
of yeneral cicculation i fl the Towfl of
Fraser, said publication to
appear as soon as possible in
said neh'spa[.:!e r 0 Trustee
se,::onded the motion.
The quest i,-:,n be i nl] upon
the
-----------
pass3,~e and adopt i (:,n e, f ::; a j d nh) t i ':' 1'1 ,
and the publL::ation of said
Ordinan,::e, the roll \"I'.3S
'::.3 11 ed \,v'i t. h the f ':J 11 ,:'\>1 in,] result:
Thc!se v'::, 1: i fHJ :ro.,ye:
Those votinq 1\1~\j:
Th,:)se absefJt:
There being a que, rurn e, f the
8()a rd 0
present, and
all tho:3e pl"eSent hc;vin'J ve,ted
in favor _, f said
motion, the
presiding officer declared the S aid
mo tie, n c a l" r i. ed and
i.nst ructed
the TOvJfl r; 1 e d: t" a ,:>::c, rn l':' 1 _i s h
such pub 1 i '::3 t i.:, fl 0
Y\l~h ~tM\"1 The next i tern ()f busit"less on the a';jerlda was a Pet i tion for
,n,nne:-<ation subrni tted by l"laryvale LLC re'Tardirl(] c:ertain pre,pert.y
adj a,:erlt to the Town boundaries afld
t. h e p rc,pos ed zCd'linq of
such
property. Ha y:') r I?uj-Tern l\lancke then
called t.o order the public
he a r i fJ g Cj n the rnatt.er.
~ c, 20& It was dul y rl,Jted t.hat a HCltice or
Public Hearin':;J had been
published as ceCjuired by law and proof
(.r publicat.ie,n (If such
Not i ,::e had been received f r,,:;,rn t. h e
Hint.er Par k I'll ani f E: st.
,n,ddi tie,rJally, it wa::~ fl(,t ed that
the T:'''.JTI Clerk had
cCjmpl i ed vJi t.h
the pc(,visie'fls of CoR.So 31-12-108
.3 rid 1'1':) t i fie,:] t. h e Ce, u fl t }.'
Cornrni s s i ,Jne ts, t.he County At.to~nEY, ::; .-::hoe, 1
d i s t ~ L: t. and special
d i s t r i ':: t s 3:3 requi Hod b:.-' 1 a \.] c. f
the he a r i rl ';1 ':, r1 this
.3 n n e x a t i lJ fl .
Att.orney McGowan indicate,:] that the
t 'J t. a 1 ann e :<: a t i () n a l" e a h' a s
mCJre t.han 10 acres, ""h i c:h H'JI_ild r e <:1 u ice
th3t. an a 1"1 n e x a t. i (j n irltpact
repoct. be prepaced un 1e::i::; \.'1ai ved by a'Jreemeflt ,)f
the Tc,vrn and
Grand County. It .."as rer:,orted, hCJ\.-Je\/e r,
that an
a<Jreernent had
been reached bet\'Jeen t.he Te'\4n and
the Ee! a ~d '.:" f (::':'1.11'1 t Y
Corltrniss ione rs that the annexat.i,:,n
i In[:J3ct rep,) l-t hr';Juld be \^Jai ved
In this .1 1'1 s tan c e . !vi r . 1-/.=;(Jol-1arl
advised that he
h3d e:>carni ned the
I?etit.ion and had f')l.md it.
v) l:..e 1. I"J ::: 1.1 I::, s t a fl t i a 1
e,::,mpliance with
t.he applicable pcovisions '-:' f 'I' j. t 1 e
.3 1 , l1.~tic:le 1)
Se,:::t i ,)n 11)7 ,
-,
SU0se,::tic.n 1, of the c.:, 1 e, r a (j ,J
Revised St.a.tutes, 3 ,', arnended,
a fi':I
' oj
""i th the HUfli c:i pa 1 ,b.Xlne:-.:a t i ,)n .D...ct ,) f
1965. Hr 0 ]"k:Gm.va 1'1
further
advised t.hat t.he Petit.ion v,las signed by t.he
owners l) f 'Jne
hundred
percent (11)0% ) or .t.he property pcoposed t. ':' I:, e
anl".e::<:ed, exclusive
() f street.s and alleys; and as
a result, the E,) a rd ce, u J.:j
arlflE::>: the
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.
.
property by Ordinance. The 8'::-Jard 'das fur the r ad 'J i 3 ed th
at i. f it
'dished, it could proceed with the ann e x a t i ,) n since a
':Juo rurn ,ia s
i rl att.endarlce.
The follo'd i n \] Exhibits were presented t,) the E',oard f,)r
it.s
considerat.ion 1n t.he 3. n n e~: a tic, rJ and z,)nin'J of the
subject
1="' r'':'I=,e rt y:
Exhibit C - Pet it ic,rl f ,.:' r .I:\rl n s:-: a t. i ':J n
E:-:hibit D - Annexation Map for Par,~ e 1 s
1 and )
E;.:hibi t E - Annexation Map f() r Pa ree 1 3
Exhibit f - Res,.:,] ut ion 1--10 . 1l) - 1 - 9 ':: 0 f the
80a rd I::' f
Trustees, set t i. n.] this matter
for pl.lbli.c
hea r i rl';1
E:.,:hibi. t c.; - 1\Io:,t ice (If Public He3rin,] L-e,]ardin,]
a n fl e;< a t ion
d . - l'
an z,:,n1rll] ,:',t ::;u::J]e.-::t l.:,r')pe rt y
E;..: h i. bit H - Pub 1 i :=; 1-; e 1- I s l\ f f i ,j d V i t ,:,f
pub 1 i cat i ,~rl 0 f the
I' kJ tic e c, f Public Hea r i '-I':!
E;.:hibi t I - Certificate of t1lail.i.rj';! ':'[ Ik~ti,::e ,:,f Publ i c:
Hearinq to property owners within 20
0 fee t c, f
the b":oJJrlc.iaries I) f the subject
pr()perty.
E)(hibit ,J - Certificate C,[ 1"13ilifJl;j e,f l'loth;e of Public
Hea ri n,] to () 0 v e r fllft en t otI1ces,
pu r:::uant to
C.R.S. 31 - ] :2 - H) 8
Exhibit I< - Oct(:lber 17, 1 9 ~\5 let1:er
f rc,rel r'3 ul (lh to i ,
Cha i nfta f, c, f the G r a r, d c.) u n t y 8,:! a r-j c,
f
Cc,nHlli ss ione rs, .::,.:,n f i nni fll) th3t
anne:..:at ion
i rnt.:,act report i:3 ',-1.01 i ve,]
Exhibit L - ()ct:<)ber 26, 1 J~)S lett8r
f rc,rn frasec P13nnin()
C,.:,mllii s::; i ':::' n, 1: e '].:1 [d i I"II~J P 10,:, I:":'
sed a rl rl e j: .3 tic, n and
z,:,rlin'J 3 fld rn i 1'1':' r <::han,]e
il"l appu:,ved PDD Flafl
f,) r :3ubi ec:t p lO':'P8 I.-t '/ a rid
adj a,~:ent 1 a rid ':'v.lnecJ
b~' 1-.103 toy\' ale LLC.
T PI S tee IlI,.:,ved that: the aIX)'fE:
des'.:Ti bed E;..:hibits
------
be adrni t t ed 3 c. evidence 1n '::onnect i,:;n "Ii. t h the p1:opc'sed
~ --'
ann e ;-: a t ion and zenin,] CI[ the subject I:' L'') I=,e L- t ~' .
Trustee
seconded the IlIOt i'.:Jn . The Cjuest iorl bein';j I.IP,:lf! the pa::;s3,]e of
said
mo t i I) f, I the roll \>fas ca 1] ed \vlt h the f c.. 11 O\.J i IKj
result:
Those voting Aye:
Those vot i n'J I'.]ay:
T h \) S e absent:
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4 -
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ýÿ
.
.
Thet-e heirl'] a CJ U 0 rum c, r ;,:,03 L-d
':' I T rU:3 t.ees pre::;ent, arid
all those l=Jresent havin'~ \fC) t el.. in f a v 0 r I) f
S ,::; i d mo t. i ('I n , the
presiding officer declared sa i d me, t ion ,:::at-ried .3nd
the resol ut ion.
passe,j.
(,!) The Board then he.j rd <::vidence in the
natuL-e of test ilrtony
ut-'tdo ~ from Town :3taff, t.he p.,Pl=,] icarlt an,j the IJ en e r.::; 1 public.
The 80ard
7.}ollC. discussed and considered the e vi d e rl c: e , .irlcludin(]
t.hE E:< hit. i. t s
~ described above.
~o ~f"~~ liloved that the
fell (,I.d nJ re3,)1 ution be
~. Trustee
~Ja(tl," pa~;se,:i: -- I~ A. ~ ~o~~ ~v\(d?
I
RESOLVED, that the E'.oard of Trustees f i rid s
and detennines as
~ f,~\ll,:)\.-Js:
?oA ~ (1 ) That the E'et i t i ,:;rl f':"l- ;0..nrlexat i,,)rl,
a copy ('I f \,.rh i ch
;JfJ-d is att,:;ched herete" iclerd: i f i eel as E:-::hibit.
II ....... " \rJhich by this
\-. ,
ref ere rl '::: e 1S rnade a [=.3 [t he re,:) f , 1S
sub 3 t a '-I t i cd 1 \' 1n
compliance wit.h Title .31 , p,L't i e] e 12,
Secti,:,n 1U7,
Subse,::: t i ()rl 1, of the Colorado Revised St.:3tutes,
as amended,
and \.Jith the Hurlicipal ,li.rl r, e /: a tie, 1'1 .Ii.,:: t '~J f
] 9()::);
(2 ) That it is desiL-able and II e c e s S 3 r y t hat
the
territc;ory set forth in such Petition be
a nrlexed to the Town
':' f frd:,;er;
( 3) That ne,t ] ess than e,ne-sixth
( 1/ ()) e,f the
pe ri me t e r .::, f the Cirea pr'J1X)sed to be
.3 fl n e :--: e d is e'Jnt i (Juous
\lith t. h e T mJn ,) f [ 1- a :=; e r ;
( 4 ) That a con'i1't'II.In i t. Y (J f interest
e:--: .i s t s bet VJ e e rl the
terr1cory proposed tel be anne:.:ed and the TCMTl of
fraser;
. (:.' That the territory to be annexed
is u r b.3 n c, r \v i II
I..l)
bE- urbarlized 1 rl the rle3 r future;
( G) That the territory proposed t\) be
an rl e:>: Ed is
i rl t e<J 1- a t Ed 0 r ic- capaL-:,l e 0 f be i. rl'] irlte,~)r,jted I,,,ri th
t.he Town
.J
I:' f [t-aser;
(7 ) That the requ i rernen t:3 e,f
S e ':. t i l) n s ~~ 1 - 1 :2 - 1 0 '-I arid
31-12-105, Colorad,] Revised Statutes, 1 '] 7 :3,
as amended,
e:,:i:3C ..:' 1- .3 r e rne t .
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.
.
.
.
Trustee sece,nded the l'['I':::lt
i ":"1'1. The ':Jues t iorl c:,e i '-I']
upon t.he passa()e and ad(ll.:,t i I)n 0 f said r E: s Co 1 uti .:. 1'1 , the
roll Iola s
c a llr::d Vi i t h the fo II (..\;0/ i rl~j 1- e s 1.11 t :
Those votinq Aye:
Thc)se VClt i n1j I'I,-:;y:
Those absent:
There being d quo n.nn 0 f h~
,-if l' nlstees present, arid
all 'Chose present havin'J voted n favor ,::-,f
s aid In,:::', t ion, the
presiding officer declared s aid In,:-, t ion carr1ed and
the resolution
passed.
HaY'Jr P ro-Ten-I J<l a n,:::: I: e the reupor, int r,.:"juced 3n Ordinance,
ent.i'C1E:d: }\I'I ORDIIlllJ,lCE PP,CNI 01 HG fOR THE P.J'II\IE~\P,TIOI\1 Of TERRITORY
TO THE TOldl\j Of fRP,SER, COLORTo.DO; ZOI'IHIC1 :3UC:H .~JIl"IE:<ED PRUPERTY;
A!\ID p,JvlEIWHI(~ THE OffICIp.L ZOt,IHIC1 JvI.n.p Of THE T<)h)ll {)f fR.l:I,SER.
tvla yo r Pro-tern J<lancke stated that said (Jrdinan,:e had been drafted
by the Town Attorney pursuant to authorization previously given
by t.he 8.-ja rd. The t.itle ef ~3aid (In::Jinance \-fa:3 read,
and the
Ordinance is as follc.\o!s:
See attached E>:hibi t " 1'/1" , vJh i ch 1S a
,:::>:lJftp 1 e t e , t. 1- U e ar-Id
,~':,rrect copy 0:;' f :3Ci 1d Ord i ria n,::e, 3nd which by this tOe
f e rerlce
i:-3 nl3d e a pa rt hereof.
It vias then rnoved by Trustee
and secorlded by
--- -----------
~~i~ Trustee that all r u 1 ese, f this 8,:::, d
r,j \4 hi I: h rn i ej h t
.-----
preverlt, unless susperlde.d, the. final p a :3 sa,] e arid
adc,ption of this
Ordilnrlce' at this rneeti rh] be, and the
sa rne hereby are, suspended
for the puq)c'c:;e of pe rnli t t i rJl) the fin::ll p a
:3 S 3 'J e. and .ad,:::)ption (,f
sa i,j (Inj i na nee at this Iri<:::etint]. The ':Juesti,x! l::,eineJ
u[>:)rl the
adopt.ion ,:if sa id Ordi narlce and s uSI:::,erls i on e, f t.he
rules, the roll
vJas ,:alled '.-.lith the follr:J\,ring cesult:
Thc,se v,:,tirl'~J .D..':,-'e:
Th,':,se vot.inlJ l'l:iy:
Th':-':3e abserd: :
The t-e bei n,) a (jl.lOrUln (,f the 8e,ard of Trustees present,
.3 rid
all t h:::,se pn::sent. hOl1/in,] voted lrt f d \j'J r (', f said l'['I'.:)t.
i on, the
-
6 -
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.
.
.
.
presiding officer declared sa i d f1IC, t i. '.:' n caLoried and
the rules
susper,ded.
TnJstee then rnoved that
~ Y\~)~O.. ~ cr1<- () ye\ 1,1 b
said Ordinance be passed
and ad,)pted as read. Tru:3tee
se,::c..rlded the lHO t ion. The
-----
question beinq I.\p':ln the pa:=;:3 a'Je and a,j(ipt. j e,rl I:' f said
Ordi.nance,
t.he roll vIas called with the f I") 11 Co~" i n oJ r e :3 1.11 t :
Those voting Aye:
Th,)se Ve)t. ii'll] Ilay:
The,se absent.:
There bein,] a CjucJ[um ,)f the 803 rd 0 f T ru::; tees present,
and
all those present h3\,'irl'] voted 1n f ct VO t" (I f sa id rnc..t ion,
the
presiding officer dec13red the said motion carried and
the
propercy described in S 3 i d () rd i n a nee arlnexed to
the Town of
fraser, Co 1 c,:.: ado, and Z('I n e':J as pL-ovi.ded the rei rl .
T ru~; t.ee t herl \'i'I(J':ed that said
Ordinance be
published in the ~'Ji n t e r Pctrk Ivlani fest, the ::'iame being
a nevispape r
of general circulat.ion in the Tc,vm of fraser, said publication
to
appear as S()l:'jn a:3 possible i.n said fle\vSpape r.
Trustee
seconded the motion. The question being U !=h) n
the
--.
passage and adopt ion e,f s aid rno tic! n , and the publication
of said
Ordinarlce, the red 1 \ora s c cd 1 eel Vi i t h the fe,llowi nl)
result:
Those voting Aye:
Thl,)se V'':1t i n~l 1'..lay:
Th,:,se absent:
J
There bein,] a quorurn of the 80ard of Trustees present,
and
all those present h,jvin,] vCJted 1n favor c.f sa id m,)t i.on,
the
pre~ieling officer declared t.he sa i.d rn,::;t ic,n ca L- L- i ed
31-ld instructed
the Te,,,m Cl e rk t() ae,:;ornplish su,:;h put, 1 i cat i ':! n .
t,1a y') t" rro-Tern I<lancl:e thereupon instructed the Town Clerk
to
file copi es (:' f the a rlrle;...: i rp) Ord i na rice 3 no map \",i th the pr('pe
r
officials as 1-equi red by Se.:::tion 31 - 1 :2 - 11.) , C,,)loro3do
Revised
Statutes, as arnet-Ided.
I
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.
.
.
Thereupon, after considering other matters not cc.ncerninq
the foregoing Ordinance, upon motion duly made, seconded and
unanimously adopted, :3 aid rCi e e tin '.] \J a s adjourned.
TCMI\I 0 E' E'R,~,SEF: , C()LORl\DO
B'y' :
Ha y.) r Pro-Ten'l
.L,TTEST:
I TOHn CIerI::
( S E J:.. L )
I
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,
BAKER, CAZIER AND McGOWAN
A Law Partnel'ship of Professional COI'porations
62495 US. Highway 40 East
Box 500
.John L. Bakel', P.e.
GI'.H1b)', C'olor.ldo 80446
Stanle)' \Y. Cllzier, P.e.
Telephone: (970) 887-3376
Rodney R. McGownn, P.e.
FilX: (970) 887-9430
FAX MEMO
CONFIDENTIALITY NOTICE: The infol'lnallon ronlalned inlhls leleropy may be ronndelllial alldior privileged. This lelecopy
Is Inlelllled to he reviewed only by Ihe Individllal(s) named abon~. If Ihe redplelll of Ihls
leleropy tr.lIlsmillal page is not Ihe Inlelllled redpient or an alllhorlzed represenlalin of
Ihe
Inlended redplent. YOII are reqllesled 10 promplly rail m. roller I. allhe lelephone Immber
set
forlh abore ami relnrll Ihe original of Ihls Ideropy 10 liS at Ihe abo\'!' address, Please do
not
read. cop)', or dissemlnale Ihls Ielecop)' or Ihe IlIform'llIolI rolllained herelll.
l'lame
fa ;.: I'fe, .
To: !vir. E. Rick ~'J,3 t C':'J U S
(~iI)3 ) 989-(;506
Haryv.31e, LL(:
fvlc. Chuck Reid (I^l/ er,,-::. ) (97
[)) 726-~,518
pc: T,Yl'lrl ,.) f fr.a::;er
From: Rocl "Jj,:: C~.:O \,r d rl
Bakec, C:a := i e t- \l~ H .-::(~.;o:' \e':: r:
fa}: Hu rnb e r : ( 971)) 8 t; 7 - ~I 4 :3 (I
8 u::; i rl e s s Phc,rle: ( 97 (I) 8f;7-:337i)
Date: I..]ovembe r 14 , 1 9 ~'5 Time:
Pac]e:3 :
Subject: .qrlne:~d t ion and Z(Jrl i n~j He d r i ri'J
1'.1 E S S.i::.J:~ E
,not t.a,~hecl are ,-::opi e s e,f the fc.J lo'di rll) dOO::l.lrne rl t s
t,) be c()ns i de red
at. the publ i c: he a r in,] t.:,nK' c r'-::,vJ r, i CJ h t :
(1) rS8.Ir,pl erner~t and .n.llIendmerl t. tr,:.. .n,I1r1 e ):03 t. i on
.c....;) t-eemer,t'
(2) :(i.l-d i n a r; .:: e te, a 1:'[=' r,::- v e i telrl ( 1 )
(:3 ) o rdI n arJ\:: e to at.:.pr,::,ve 3 n n e )( .:; t i (, n 3nd
Z .::' 1'1 ii-I ,] of subject
(;'j~~c.>pe l-t ':/ .
0:' : \ \~ UJ[")\~::: I, S P,)I)L \ FA:<\ El-IA'f~.Al (1 . ~JP['
--
, . .
The :3uppl emerl t and P.lllerldlnerlt to Annexation Agreement she,u ld be
signed by Maryvale and lts lienholder prior to trle hearin,) . I
understand that Chuck ha:3 Co::.ntact ed Regis' r e pre.s e rl t ,a t i \/ e about
siqning it and there shc,uld be no problem. The representative
from Maryvale who atteri':Js she,uld brin,:] the si';Jned d(:,curnent to t.he
he :'1 I: i rl '~l .
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.
.
SlJPPLEMENT AND Al\'IENDIVIENT TO ANNEXATION AGREE!\IENT
THIS SUPPLEt"IENT AND .'\!\lENDr\'IENT TO ANNEXATION AGREEt\lENT is made
dfective November 15, 1995, by and betwe~n the TOWN OF FRASER, a municipal corporation of
the Stak of Colorado ("Fraser"), and I'dARYVALE LLC, a Colorado limited liability company
("Owner").
WHEREAS, Fraser and Regis-tvlaryvale, Inc., a Colorado corporation, heretotore entered
into a written Annexation Agreement dated October 5, 1986, which was recorded on October 21,
1986 in Book 405 at Pages 734 through 806 (Reception No. 249082) of the records in the oftlce of
the Clerk and Recorder of Grand County, Colorado:
AND WHEREAS, Owner is the cunent owner of the Property d~scribed in said AJmexation
Agreement and is the sllccessor to all rights and obligations of Regis-Maryvale, Inc. lindeI' said
Annexation Agreement;
AND WHEREAS, Owner has acquired ownership of the following described real prope11y.
which is adjacent to said Prope11y described in the Almexation Agreement:
PARCEL 1
ALL OF THE SOUTHWEST QUARTER OF THE NORTHEAST Ql JARTER OF
SECTION 29, TOWNSHIP 1 SOUTH, R_-\NGE 75 WEST OF THE SIXTH PRINCIP...\L
t\'IERIDI.--\N, COUNTY OF GRAND, STATE OF COLORADO LYING
NORTHEASTERLY OF THE DENVER _-\NO RIO GRANDE WESTERN RAILROAD
RICJHT OF WAY (CURRENTLY OWNED BY SOUTHERN PACIFIC LINES).
SAID PARCEL CONT.-\lNS AN AREA OF 13.23 ACRES. MORE OR LESS.
PARCEL 2
ALL OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 29. TOWNSHIP 1 SOllTH, R,-\NGE 75 WEST OF THE 6TH PRINCIPAL
MERIDI.-\N, COUNTY OF GRAND, STATE OF COLORADO LYING
NORTHEASTERL Y OF THE DENVER AND RIO GRANDE WESTERN RAILROAD
RICJHT OF \VA Y (CURRENTLY OWNED BY SOUTHERN PACIFIC LINES)
EXCEPT THAT TRACT CONVEYED TO LELAH t\l. VEN.--\BLE AND HENRY J.
hING DESCRIBED AS FOLLOWS:
(': 'I-JIm,,)\-!::;\ SPOOL \ F'A:n AA.~R-A}1 J . WP[i
.' . .
COlvHvlENCING AT 'lllE SOUTHE.-\ST CORNER OF THE NORTHEAST QUARTER
OF THE SOUTHEAST QUARTER AND RUNNING THENCE NORTHERLY ALONG
THE EAST LINE OF SAID SUBDIVISION FOR 315 FEET; THENCE WESTERLY
PARALLEL TO THE SOllTH LINE OF SAID SUBDIVISION FOR 176 FEET:
THENCE S02020'OO"E FOR 145.3 FEET; THENCE S51 040'OO"W FOR 97.5 FEET TO
THE EAST RIGHT-OF-WAY LINE OF THE DENVER AND RIO GRANDE
WESTERN RAILROAD: THENCE SOUTHEASTERLY ON A 08000'00" CURVE FOR
142 FEET t\.IORE OR LESS TO THE SOUTH LINE OF SAID NORTHEAST
QUlillTER OF THE SOUTHEAST QUARTER AND THENCE EASTERLY ALONG
SAID SOUTH LINE OF SAID SUBDIVISION FOR 154.7 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS AN AREA OF 12. I 7 ACRES, MORE OR LESS.
PARCEL 3
A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 19_ TOWNSHIP 1 SOUTH, R_-\NGE 75 WEST
OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GRAND, ST.-\TE OF
COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE OF A 60.00
FOOT ROAD RIGHT-OF-WAY AND THE EAST LINE OF SECTION 19, WHENCE
THE SOUTHEAST CORNER OF SAID SECTION 19_ BEARS SOOoOO'55"W A
DISTANCE OF 1 08.45 FEET;
THENCE ALONG THE EASTERLY LINE OF SAID ROAD, THE FOLLOWING FIVE
(5) COURSES:
1 ) N 18027'04 W, A DISTANCE OF 290.88 FEET;
2) ALONG THE ARC OF A CURVE TO THE RIGHT HA \'ING A R.-\DIUS
OF 290.50 FEET, A CENTRAL ANGLE OF :w042'30", AND AN ARC
LENGTH OF 155.67 FEET;
3) N 12015'27" E. A DIST.-\NCE OF 70,00 FEET;
4) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 892.36 FEET. A CENTRAL ANGLE OF 8006'00", AND ,-\N ARC ~
LENGTH OF 126,15 FEET;
5) N 040()9'27" E A DISTANCE OF 169.84 FEET;
THENCE LEA VING SAID RIGHT-OF-WAY, S 89029'03" E A DISTANCE OF 55.42
FEET TO SAlD EAST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER;
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~ . .
THENCE S 00000'55" W ALONG SAID EAST LINE, A DISTANCE OF 791.60 FEET
TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS AN AREA OF 54,728 SQUARE FEET (1.256 ACRES)
t\'IORE OR LESS.
Said r~al propel1y is collectively rdelTed to herein as the "Additional PropeI1y";
AND WHEREAS, O\vner has proposed to atUlex said Additional Propel1y to the Town of
Fraser; and Owner and Fraser have agreed that upon annexation, such Additional Propel1y should be
made subject to the provisions of the AlUlexation Agreement and its use and development should
govemed by the tenns thereof and the provisions of the approved Plan Development District Plan tor
the Property;
AND WHEREAS, Ownel: and Fraser desire to supplement and amend the provisions of said
Annexation Agreement. as herein provided.
NOW THEREFORE, in consideration of the mutual covenants and agreements contained
herein and tor other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged by both Owner and Fraser, the pm1ies agree as follows:
(1) Eft~ctive upon the annexation of the Additional Propel1y to the Town of Fraser, the
Additional Propel1y shall be govemed by the provisions of the AJmexation Agreement and shall be
deemed to be a pm1 of the Propel1y retelTed to in the Annexation Agreement for all purposes.
'Exhibit "A-7" attached to the ,L\1mexation Agreement, \\'hich contains the legal description 6fthe
Propel1y subject to the .L\1Ulexation Agreement shall be deemed to be supplemented by the addition
of the Additional Propel1y described above.
(2) Owner has proposed that, upon <l1Ulexation, the Additional Propel1y be zoned "PO _
Planned Development District", in accordance with the Plan previously approved by Fraser tQr the
Propel1y described in Exhibit "A-7" attached to the Annexation Agreement; and owner has proposed
that the Additional Propel1y be added to the al.Uacent Planning Areas shown on the approved
Development Plan, with that pm1 orthe Additional Propel1y described as Parcd 1 to be added to
Plmming ,L\1-ea 23a; that pm1 orthe Additional Property described as Parcel 2 to be added to
Planning Area 23b; and that pal1 of the Additional Propel1y described as Parcel 3 to be added to
Planning Area 28. Eft~ctive upon adoption of such zoning. the Planning .L\1'eas shown on Exhibit
"B" attached to the _L\1mexation Agreement shall be deemed amended by the addition of such
adjoining Parcels included in the Additional Propel1y. Tll~re shall be no change in the allowable;
::rises or or the niaxinllimnumber of dwelling units allowed tQr each to such Planning .L\1'ea, as;
(pro\'ided in the approved Plan. I
(3) Except as expressly suppkmented and amended by the terms of this instrument the)
IAmlex<ition Agi'eement and all tenns. conditions and provisions thereof shall remain unchanged and;
(,arc hereby ratified and coiltinned by Fraser and Owner.,
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, . .
IN WITNESS WHEREOF, th~ pHl1i~s hav~ h~r~unto subscribed their signatures on the daks
indicated below.
OWNER FRASER
tvIARYVALE LtC, TOWN OF FRASER,
a Colorado limited a municipal corporation of liability compan)' th~ Stat~
of Colorado
BY: BY:
-
l\'Ianager Mayor Pro-Tem
ATTEST:
~--------~-----
Town CI~rk
LIENHOLDER APPROVAL
Th~ und~rsigned, as th~ holder of a lien on all or a pm1 of th~ Prop~11yd~scrib~d in the aforesaid
AJUlexation Agreement, hereby acknowledges its approval of the terms oflhe foregoing Supplement
and Am~ndment to A.nn~xalion Agre~ment and agre~s it will be bound thereby in the event of
foreclosure of said lien.
REGIS JESUIT HOLDING, INC.,
a Colorado nonprotit coqlOration
BY:
----
TITLE:
-------
DATE:
--- -----
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DRp,fT
TOWN OF FRASER
ORDINANCE NO.
Jl._N ORDHJ.f\I\ICE p,PPROVHI\; P. SUPPLEMENT P.JID P.}IEI\IDlvIEI\IT TO ,1:\~JHE~'~P.ITIOI'J
AGREEMENT 8ETWEEN MARY VALE LLC ,I:\I'ID THE 80.2,RD Of TRUSTEES Of THE
TO[~t,) or fR,n,SER.
t^JHEREAS, the 80ard e,f Trustees of the Te'1,.Jn of fraser,
Co) 1 0 radc), by Ord i. rlarice 15=~, heretofore approved the execution of
an Annexation Agreement dat.ed O,::tober c: 1986,
relating to the
~) ,
property commonly known as Maryvale lc-,ca ted i.n the Tovm of
fraser, County of (~rand, Stat.e of Colorado, as more particularly
described in Exhil::!it "P-.-; " att.ached to s3id Annexat.ion Agreement;
and
WHEREAS, l"la ryval e LLC, a eolot-ado lirnited liability
company
( "Oh'n e r" ) , is the current O'dner of said property and has
succeeded to all ri(jhts, privileqes and obligations of the
former
o,-^mer under said P..nnexati,:,rl l<.,]reernent; arid
t^JH E REP..S, s aid ()vv n e r has requested that said
p..nne>catic:.n
Agreement be supplemented and amended, by t.he addition of certain
other real l~rc'pe rt y ('v'frIed !:<l (lvme r; arid
\,~HERE,I:\S , the prc,posed ;:,rnendrner,t.s to said Annexation
Agreement are conditioned upon the annexation and z,:orlin';J of
said
additional property after a public hearing, as r e qui red by 1 a vi .
1'10\\1 THE R E fORE, BE IT ORDf\,HIED 8Y THE 80fl,RD Of TRUSTEES Of THE
Tm'Jt,) OF' fR,I:\SER, COLOR,I:\DO, THP.,T:
Section 1. The 80a rd (', f T nlstee::: he reb'J!
f i rids an,:]
determines that t. he Sup'p 1 ernen t. a rid ,Z\rne rldme n t t,::, ,i\nrl e >: a t i c;.n
Agreement dated November 15, 199~" beth'een Marvvale LL(:,
a ~,
."
Ovvne r, .01 rl'j t. he TO'vvn (;0 f fraser, pre,v jd i n~l f c, L- the
ann e x a tic, rl a rl d
zc,rlinq of certain land owned by Owner adiacent to the
LH,d
described in the Annexation Agreement approved by Ordinance 153,
rea s,)n,3bl e arid in the [.lest . t- the citi zerls
and
1 :3 lnt.ere:3..3 ot
res i ,j e n t s ,:. f t.he TCMn 0 f frasee.
Se,~:t j on 2. The E:'J3 L-d c' f T Dlstee,:: furr.hee f j. nd s
.a rl'j
detennines that it V/OU Id no t. a nnei': the addition,:il p e'Jpe
rt.y
described in said Supplement and ii..rnendlrlent. to ?,nrle~\ati'':Jn
c: \I/JIN[")\JS '. S PC;o)L \ FAX\ AhGR -C>l<.~ . ~JP[,
. " . .
A(] reement if the said Sl.IpplemerJt and p,merJdment t,) ,1l,nrJe,,:atiorl
p,g reernent were not made and enfoece3ble.
Section .3. The Boaed of Trustees he l.-ebY=ll':'P rove s said
Supplement and Amendment to Annexation Agreement and authorizes
the Iv[ayor (or i'-1ayor f!r,)-tern) and t.he Tovm C1 e rk to execute said
ageeement on behalf of the Tc,vrn.
RE.'z:"D, PP,SSED, ADOPTED A.I'ID ORDERED PUBLISHED BY THE E;(;.r.,RD OE'
TRUSTEES THIS day (,f
, 1995.
--~--_.
VCJtes in favot-: BOARD OE' TRUSTEES Of THE
-
Votes opposed: TUWN Of tF~p,SER, COLORADO
-
V,Jte:3 ctbstairled:
-
BY:
------~-
Marianne Klancke,
Hayor
P ro-Tenl
p,TTE:.3T:
( S E p, L )
-~.-._---
-
\/ i r';l in i a v'1i n t e r , To \om C
1 e e k
Published i nth e v'H rJ t e r Par k Ivl.3 rl i f est 0 rl
, 1995.
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DRAFT
TOWN OF FRASER
ORDINANCE NO.
AN ORDHIAI',IC:E PROV I DHIC~ fOR THE Al 11\1 E::;',T IC)I I OF TEF:P.ITOR'y' TO THE
TOVIiI,1 Of FF:i\SER, COLOP.l\DO; ZOI..IHI(; SI.J~H i\I,II.IE/ED t'ROPERTY; 1'.\',)0
l),JvIEI\IDHIG THE OFFI(~I;',L ZOIHHG I'J!p,P OF THE TnVll.1 Of fP,ASER.
BE IT ORDAINED BY THE BOARD Of TRUSTEES OF THE TOWN OF tRASER,
COLClRJ\DO:
Section 1. Annexation.
Subsection A. Th,3t the ':::'Hners ':::'[ one hl.lrv:Jred ly?rcent ( HI(} 'i< ) of
the hereinafter described property, '?:u:'.ll.lsive of streets arv:J
all eys ha-le file..::J vrith the Board ()f Trustee::; of th'2 TC'y,Jr! of
fraser, Cc,lor.3do, a Petition fc)r Annex.3ti')n O[ said prr=,pert..,/ t.o
the TOy,in (, f fraser, Cc,lorado.
Subsection B. Th3t the prope rt V to be.> a nn"':<:ed i.'3 desc r ibed as
foIl () \-J s , t C, \-J it:
E',I:\RCEL 1
p,LL OF THE SOUTHWEST QlJl\RTER Of THE. I'H)F:THEl\ST QUARTER OF
SECTIOI\I 29, TO\t\l!\ISHI P 1 SOUTH, RAi'IGE 7S [,'JEST Of THE SI:ZTH
PRINCIPAL MERIDIAN, COI_n,ITX' Of GRAI'I[J, ST,I:\TE OF COLCWADO LYHIC1
j\I()P,THE.I:\STERL''{ Of THE DEl\IVER AIW RIO r;p"LJ.JDE \'lJESTEP.H R.I:\ILROAD
P,IGHT Of t'IJA'X' (CURREI1TLY' OWIIED BY' SOUTHERI'I PACI FIC LHIES).
SAID PI\R(~EL cnl'JTAHJ8 .n.!',1 ARE,n, UF 13. ;::.~ ,n,\::F:ES, [vIORE. OR LESS.
F.n.RCEL 2
ALL or THE NORTHEAST QU,J\P.TEP OF THE S()I.JTHEA8T QUAPTER OF
.SEC:TIOI'-l 29, TC)~\n,JSHI P 1 SOUTH, RANGE 75 WEST or THE GTH
PPINCIPAL MERIDIAN, COUHTY or C~RAII[1, STATE OF COLORADO LYING
l'-lOPTHEASTE.F:LY OF THE DENVER .n.l'.JD RIO GRI\I..IDE \"lESTERI,) R,I:\ILRO,I:\D
RII:;HT OF Ir-JAY (CURRE/\ITLY O\r-J/\IED p.Y .S(lI.JTHERII PACI FIC LHIES)
E/t-:;EFT THAT TRACT COIIVEYED TO LELl-\H 1"1. VEI.JABLE AI'./D HEI'IRY' ,}.
l<Il)C~ ["ESCRIE~ED .1:\:-; FOLLOI,\lS:
':. : \ I,m r,(;ws\ S [")(1 L \ FAX
\ ANtlE:-< - () ~ .I.\IF'('
. ~ . .
C(llvIlVIEI\ICH.I(~ ,n,T THE SOI.JTHE.L,ST C()RI'IE~: (IF THE li()RTHE)\ST Ol.JP'.RTER
Of THE SOUTHE,n,ST QU.L,RTER ,nJJ[j F:UI'JIHIIG THEI'ICE ~)ORTHERLY J'..LOI'IC1
THE E.n.ST. LH1E Of SP.ID SUBDIVISI()I.I fOR 3]1) fEET; THEI\ICE
IrJESTERLY pP-.R,n,LLEL TO THE SOIJTH LH!E (If ,S,n,1D SUE;['iI'JISIOhj fOR
17\) fEET; THEflCE S020::JJ'(J(J"E fOR 1.:j::)..~~ fEET; THEIICE
S51040'1)0''~'J fOR cJ/.5 fEET TO THE E.z::.,ST RH:~HT-(Jf-vJ.!l.'{ LHIE Of
THE DEI'IVER Jl.l'j[) RIO C~Rl:.I'!DE \,\JESTEF:I'I R,z.ULRO.!l.[); THEI ICE
SOUTHEl-\STERLY 01.1 ;D., l:i80I:JI) '00" (:I.JF:\iE fOR 14:2 FEET I ]I)F:E OR LESS
TO THE SOUTH LUIE Of SIn D l'iClRTHEJ'.,ST (!1.J,n,F:TER (If THE SCUTHEJl,ST
QI.IJl,RTER ,1:\1'j D THEIICE El'.STE~:LY .n.L()I'IC~ SJl.I [j SOUTH LIlI E Of S,n,1 D
SLJBDIVISIOI'I FOR 15,4.7 fEET TO THE POINT Of BEGHII'!IlIC1.
S.I:\ID PP.,RCEL COI'ITJ'.,HIS F.I,I ,n.REJl. Of 12.17 .n,eRES, HORE OR LESS.
p.rq~,CEL :3
,1:\ PJ\RCEL Of L,n.!'1D LOC1',TED HI THE SOI.JTHE.I:\ST (!IF,RTER (If THE
S(JUTHE.ll.ST C!Ul'.RTER Clf ~~ECTIOI,I 19, l' (>["JiI S HIP 1 SOUTH, R.nJIC~E 75
~\JEST Of THE 6TH P~:1iICI PF-.L HE~:I DP.JI, COI JI,IT'{ 1)[ r;Rn.I,j D, ST.n.TE
Of COLORJl,DO, 1"10F:E Pl-'.RTICUL,n.RL':{ DESC~:I E;ED P.B fOLLOlrJS:
BEGHlf'IHIG .1l,T THE r'OHIT Of HITEF:SECTIOII Of THE E,n,ST LHIE Of ,D.
60.1)1) fOOT RO,r:'.D F:IC~HT-(~lf-\.1D.Y .1O./-./O THE E.r...:.3T LHIE (If ~~ECTIOI\I
19, ~mEf'ICE THE SOlJTHE,L,,3T C:(JRI~ER Of Sz:..Hj SECTIOI'I 19, E: E,n,R S
SOOoC)0':i5"vJ ;t., DIST.LI,ICE (If 108.45 fEET;
THEI.I'''::E .I:\LOI'/(~ THE E,I:\STERLY LUIE Of s.n.I D ROP'.D, THE tULLOr'JHI(~
E'IVE ( b) COURSES:
1 ) 1\1 18027 I ':14 [rJ, .'L. DIST.PJI,:':E (If 2JO.88 fEET;
2) .I:\LOI'JC~ THE .".Re Of ,n, Cl.JF:VE T(l THE F:h;HT H.!l.\,rHIC~ .'L,
RADIUS Of 200.50 tEET, ,1'1. CEI'lTR.::!.L ,z:..l'I'~~LE Of
,30042 ' .3')" , Fl'ID P.H P-,RC LEI'-.JC~T'H Ot 155.67 FEET;
3} 1\1 1 2 0 1 ~) , :2 7" E , A DISTANCE OF 70.00 tEET;
4 } ,n,LOI'!l; THE ,D'.F:C l)t ,1'1. (:I.JP-VE T() THE LEfT H.z\VHIC~ J:>.
P"ll.DIIJS Of 892. 3(j tEET, A CENTRAL ANGLE Ot
8006' CIO", ,[:J./D ,~JI ,1l.RC LEI'IC~TH OF ] :::().] 5 tEET;
5} N 04009'27" E .0., DISTJ:>JiCE: (if 1(j~J.84 fEET;
TH EI\ICE LE.n,VI I'IC~ SJl, I [) R IC;HT -0 f -~I]P'.'i' , S 890:29' 0.3" E .D.. [,ISTP..IK:E
Of 55.42 tEET TO S.[:, I D E,D..ST L1I,IE OF THE SOUTHEl\ST (lI.JP.F:TER Of
THE SOI.JTHE.n.ST OUJ'..RTEF:;
THEI,ICE S OOOOt)' 55" v'] 1'.LOI-K~ S,n.ID E.[\:3T LIIIE, .n, [iI STp..l,ICE Of
791.60 tEET T() THE t'OHIT Ot E',EC~HH.jnj,~.
- 2 - (' : \ l.'iHJ[u)\,,::,\ S f':)0L\ FA;<\AJ n IE;{
-CiS. \IiP['
r . .
.
.
S.D_I D PF,RCEL CC>I'11\D.HIS p\J.! JI.RE}i, ()f ~,4, 7~8 S(!lLZ\RE
fEET (1.2::,6
F.CRES) HORE OR LESS.
Subs ec:t ic,n C. That the said prol.:)ed Y is
e1i,~ible for annexation
as pr,)vided in " The 1.11.1 n i ':: i pal l\ n n e >< ,'1 t i ':' II .fl. C t
,) f 1965".
~~l.Ibsec:t i(Jn D. That the Annexation ~greement
a pp r,:.', \1 e..j by
Ordi nance blo. 15.'), a ~, arnerJ,:]er:.i b'l' the Slll::,pl emen
t and .uJnendlnent to
.:l
Annexation Aqreement approved by Ordinance 1\](, .
, 1 S hereby
rl1ade a corldition of this anne;.;atie,rl arid
such PU::'l:le 1"ty shall be
subject the terms arid pre,vi._3ie,ns (> r sa id ,D.,]
l-eernent, as an'tended.
Sub s e (; tic, n E. That the hereinabove de3cribed pr,)t=",ect,,1
be and the
same is hereby annexed to t.he TCMrl c> f Er.3::;er, \~;,
) 1,:\ r a d c, , arid the
corp') [' ate 1 imi 1:::; or said T':'~..1r1 an::: hereby ext.ended
t,::; en\::ornpass
said pr\:'l.:,erty.
See t i ,) rl ., Zonin'J.
vmEREF..S, the property described above is
by this Ordinance
anrle/<:ed to tr,e Tc,wn ,:,f t 1- as e r , c':' 1 ':' radl);
F.i'./D v'lHEREJI.S, l.:,ursuarlt t I:J See t i I:' n 31-12-115,
C.:, 1 c, r ad,:, Revised
Statutes, Q.:J arnerp:Jed, it i. S rJE::,=:eSS3 L~Y t,:)
=one 3aid pr":Jperty;
.D.I'./D v'lH EREAS, the (,I,vrlet- of said prc..ipecty has
submitted an
appl icat i,)t'i tc! ZOI-le :,; a J.',] pr'':'l-=,erty lIE'D- Pl
a I'll-led Devel,:.)pment
Districtll as I:' rc)v ided il'l Sect.i;,)n 1.3 - 3 -12
c,r the C'>:J e 0 f the T'':'I...rn
of fraser, entitled " PIa 1'1 rl ed [level c>pnlE-rlt [,!istri,::t
( E-'. D.I " ;
,D.i'.JD v'JHERE,I:l,S, the e,\"fner (,f sa i d [:\ r I':' r:, e r t y
is .3 1 ~:; I,:' the ov,rne C 0 f
the adjoining property that was p rev 1 ':'U:31 Y ZCol', eel
as Pl,3rlned
Deve l.,:,pmE rlt District l'IeJ. 1 (P[)[) #1
:1, t=' 1.1 r sua rl t te, Ordinance l"lc!s.
154, 155, 156, 157, 158, a rll:] 1 r:. -,
.:'.1nd sa id '")vlne r has requested
J:.-J ,
that the 3.b,:we des.:: r i bed l:' r,')pe 1't Y be z":OI-led
i rl the sarne In.3nner and
bE rnade sut.lect t rj the ::;arne P 13 rJ 1'1 e,:::J
De ve.1. '.:' 1:,lne rl t t'l.arl as said
ael j ':!.L n i rl';) pl"C,pert:.~';
JI.N D WHEREl~,S, the FraSer PI Of nrl i n'J Cc..ili1trli:33 i0rl
has rei i. ewed
said apt:>l. iC.3ti.on and h:-, :3 recommen..jed th3t
s.3id 2':,rl i 1'1';1 re':II.IEst be
apr:lc,:;ved and that the E'.1. 3 rlrled De \.' 121 ':' l':lllle
rl t Pl,3 n be amerlded to
i riel uclE: :3.3 id P L-,.:,pe rt ':/ he rebj a nne:,-:p.d t,:, the T,y,-m;
- 3 -
. ~ .
.
.l.\I'ID [,VH E R EP,S , a pl.lb1i,:: he,~rirl'] v..ras held by the E:(iard c,f
Trustees of the Town of fraser pursuant to Notice of said public
hearing, properly published, as requ i red by t he Code '.:' f the To\.m
of fraser, C(11)rado, and Section 31-23-304, Colorado Revised
Stcttutes, ,:is 31tlended;
,I:\I'ID ['I]HEREP,S, the E;,:'.H-,j e,f Tru:3tee.s hereby firl':L:; that the
proposed zoning and the t'l i.inrled Develol=,rnent r' 1 a n for
said
property is in substantjal cc'rlfcJrtlldrlce with the COlilprehensive
P 1 a rl (also s,)rnetimes kn,)vm 3S the II/laster Plan) ,')f the Towr, of
fraser, as arnended;
,I:\ND vmEREA.S, it al.::.pe,'lrin'J to the E',:-"ard (:,f Trustees th,:'it it
\ofould be in the best interests of the T,~'\m of fr3ser to zone this
pre'perty as in this ()rdi.n.~rl,::e provided; arid the L-e fo re,
Subs ect i. Dn ,1:\. PUl-suarlt to Sections 13-11-1 arid 13-11-2 of the
Code of the T(JI.Vn of f r a s e 1- , Cc, 1 (i r ade" the e,fficial
zC1ni.rl(] rnap of
the To.....m ,)f fraser is hereby amended by zoning the f c' 11 0 \oJ i.r-lI;)
pre'pertjl "Planned Develclprnent Dis t rict lk,. 1 (PDD #]j", in
acc:<)rdance with the 1?1ar, dc,,::urnent:3 r:,cevicl\.lsl'j .3l=,pro:Jved pursuant
to Ordinan~e Nos. 154, 15~) , ] 56, 157, 158, arid
lS0 .:lrid the
Supplement and Amendment to Annexation Agreement approved by
Ot-d i narl,=:e 1'10.
P.Zl,RCE L 1
ALL Of THE SOlJTHf'JEST OU,Zl.F~TER iW THE [\IORTHE.r:.,ST QU.D-.RTER Of
SECTIOI,j 29, TO\l'JlI S HIE' 1 S(ll.lTH, RANGE 75 WEST Of THE SIXTH
PR 1I']CI PP.,L J'/IE R I DLZl.!'I, COUNTY Of C;Rl:'.I\I[), STL.TE Of C:OLORP,DO LYHIC~
l,j()RTHEl\STERLY Of THE DEI\/VER l'.HD RHJ r;R,n,IIDE \rJESTERI'j R,Zl,ILROP,D
RIGHT Of I,\J.D.\' (C:URF~EI\iTLY OfoJI\IED E:Y SOUTHERI'I P,!!,CI fIC LHIES).
~~p,ID p,n,RCEL COHT.n,HIS ,[:.1-1 p.,RE,n, i)f 13.2:::J ,L.CRES, l'IORE OR LE~~S.
p.n,R'~;EL 2
,r.,LL Of THE HOF~THEP.ST OU,n.F:TER Of THE SOUTHE.Zl,ST OU.l::,RTER Of
SECTIOi\1 29, TCMI\]:3HI F 1 SOUTH, R.n.I\]GE 7 '::0 f\JEST Of THE 6TH
PRINCIPAL MERIDIAN, COlll,IT'{ Of C~R,I:\i'.jD, ST,n.TE OF C:OLOR.l\DO L Y HIG
1'.!ORTHE,n,STERLY Of THE DEliVER ,ZlJIDRJ(J C~R,~I'][)E IrJE::..~TERI\1 R.n.ILRo.n,D
RIGHT OF ({n.y (CURF:EIITL'{ O\^JI\IED E:Y SOUTHERI,/ [',Zl.cr FII:: LHIES)
EXCEPT THp,T TR,L,CT CO/\IVE'r'ED Tl) LEL.r..H Ivl. \iEI'l.n,ELE ,!!.I'W HEIIRY ,J.
I:HIC~ [',ESCFU8ED .n.s fi:IL LOf/lJ~, :
- 4 -
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.' ~ . .
.
COlvllvIEI\ICHj(~ P'.or THE SClUTHE.l\ST Ct)~:I,IE:R OF THE 1,IORTHEP..3T OlJI:I.RTER
Of THE SOUTHE.I:I.ST (2U.Il,RTER P-JlD RUI,II'JHI(; THEI\ICE !'IClP,THERLY I".LOI.,IG
THE EI".ST LHIE Of S.I:I.I D SUBDIVI SIOII fOR 315 fEET; THENCE
~~ESTERL,{ P.l\R,z\LLEL T(l THE 30UTH LHIE ()f 3.1:\1 D 3U8DIVISIOI'j fOP,
l7l) fEET; THEIICE Sl~,~:o;~'~I'iJI)"E fOR US..) fEET; THEI,ICE
.S51 040' (ll)"VV FO~: 97.::: rEET TO THE El\ST R IGHT-()f-vJ.I:I.Y LHIE Of
THE DEI\IVER P...I\jD RIO l,RI".I.JDE [{JESTERI'] R.I:\TLR(J.u.D; THEI'ICE
SOl.lTHEI".STERLY (ll'J 1'-. l);~;ol:JO' 00" r:UR'JE fOR 1 ~? fEET Ivl0RE OR LESS
TO THE SOUTH LHIE elf :3.n,I D !,JORTHE.n,ST (!UP-.RTER Of THE SOUTHE.I:I.ST
OlJ.r..RTER .A.I'I[) THENCE EfI.STERL'y' .n.LOI\I(, 3,n.1 D SOUTH LHIE Of SP-,I D
SU8DIVISION fOR 154.7 fEET T(l THE POINT or BEC1IIJHHIG.
s.n.I D P.I:\RCEL COI\IT,I:\UIS .A.I'~ ,1l.REJI. Of 1::2.17 .I:I,CRES, f'.10RE OR LESS.
Pl'.ReEL j
JI. P.I:\RCEL Of U\I'ID LOCI:\TED H-J THE SOlJTHE,n,ST (!UJI.RTER or THE
30UTHE.A.ST OU,n.RTER Of SECTIOI\I 19, TOv\JI'ISHIP 1 SOUTH, R,n.l,I(; E 75
[.-lEST Of THE 6TH PRIIICIP.n.L l'lERIDI.n.ll, COUI\IT\/ Of C';R,I:I-"ID, ST.n.TE
Of COLORJI.DO, I'-IORE t',I:I.~:T I ell LJI.RL 'j' DES,~:R I E:ED P..S r(lLLCA\JS:
8EGHII\IIHG JI.T THE t/OHJT or HITERSECTIOtl l)r THE [.n.ST LUIE or .'A.
60. (JO rOOT ROJl,D P,IGHT-Or-[~Ln.'{ .nJID THE E.n.~~T LIlli:: or SECTIOI'I
19, vJHEI'.ICE THE SOUTHE.r:.,ST COF:i'JER or S.L.ID SECTJ()I'J ] 9, 8E.n,p"S
SOOOOfJ' 5::1 "1i'J P. DIST.Z'.JICE or 108..:1:::, fEET;
THENCE ALONG THE EASTERLY LIHE Of SAID ROAD, THE rOLLCll^IUI,:;
rIVE ( 5) COUP,SES:
1 ) 1,1 1 8027 ' CJ.:J [;,1, .r.. DISTP.IICE (lr ~9(J. 88 fEET;
2) ,n.LOIIG THE P.Rr:: ("ir ,r... C1.1R\lE T(i THE RIGHT H.~VHll; .n.
RADIUS Of 290.50 fEET, A CENTRAL ANGLE Of
3004 L: ' ~j '.V' , P'.HD JOJ\I .Z'.,RC LEI.J(~TH Of 15.::).67 fEET;
3) rl 120l!:) '27" E, JO, DIST,[,,!\ICE OF 71:'.01] FEET;
" ) P'.LOIIC'; THE .!:l.F~C Of .T::.. CUR'/E TO THE LEFT H.n.vIlI\=, ,no
RJlIDIUS (Jr 892.36 fEET, .n. CEi'ITR,L.L .r../',/i;LE or
8006'CiO", ,l.l.ll D .Il"'1 .l.l.F:C LElll~TH Of 126. 15 fEET;
5 ) H O..J 009' 27" E ,~ DI8Tl"JICE or 1 l59. 8~ fEET;
THEI'I,~E LE.n.VIIIG S.I\I D R I GHT-OF-v'v,n'i', S to: 90:2 9 ' 0:3" E .n, D I S T .nJ,1 c: E
Of ::11).42 rEET TO 8.!:l.I D EJO.ST LIlIE elF THE S(XITHE.n,ST QU.n.F:TER OF
THE 30UTHE.L!..ST QU,n.F~TER;
- 5 - (' : \ ~lrN[lCM:;;\ :,: PO<)L \ FA;{\ Aj'nJE;{ -03. \,JPD
.' .' ..- .
.
.
THEI,ICE S OOo(p'I':,5tl H .l\LONCi S.ll.ID E.Ll.ST LIlIE, .'t, DI ST.I\.I\ICE or
791.60 fEET TO THE P01l'IT Of E;EGII.II\IH,Ji:;.
S.l:l,ID Pp..RCEL cnIIT,n.III3 .L,!,I p-.RE.n. ()f 5~, 7~'8 :3Q\.JJ".RE fEET
(1.256
J".(~ RES ) f'10RE OR LESS.
Sub see t. i I') n 8. ~io3id pe'.='I:,ert'/ hereby :::.:irled tl E' 1 ~nned [je 'I
e 1 i)prne n t
DL3tri.ct 1\),) . 1 ( t'[)D U 1 ) " 3hall be dei2liled
to') be added tc' the
adjacent Flanninq P.ceas shcJ\rm on the aPF:!roved PI a nr,ed Developmer,t
PI an I'll a p, dated Oct.,:;ber, 19t(6, \di t h that l.:,art (,f
s,:iid property
de:3c ribed 3S Parcel 1 t() be added t ':-' t'l ann i n 'J p, rea
233; that part
or said propecty described as t'.3 r ':: e 1 - t I::' be add e,,j t '::'
E' 1 ann 1. n \1
A.rea 23b; and t.ha t 1':,03 rt of said property described as
P,o; rce 1 :3 to
be added t.o Plannini] ,n.rea 28. There shall be
n,=, chanye in the
allovrable U:3es or the IYtct:dmurtl rlurnber 0:::,[ d\,re.llinq units allo\r/ed
for each to such P.l3nninq p..rea, a:3 provided 1n the approved
PlarJ.
REA.D, P1>,SSE D, 1>.DOPTED 1>JJD ORDERED PUBLISHED BY THE E;O,n.RD Of
TRUSTEES THIS ,jo3':,' eJf
, 1995.
-~---_._----------
Votes jn fav,)r: E;()P.RD Of
TRlJSTEES Of THE
--
Votes opposed: Tmm Of fRl.\.SER,
COLOR,n.DO
-
Votes abst a i rled:
--
r..../ 6
C'1 .
1'11.'1 ria n rl e 1< 1 an c k Eo ,
l'lay,:.r Ei c..:' - '1' E: III
,L.TTE3T:
( S E ,n, L )
Vir':lir1j,o; \-.]il-Itf~r, TC.'..-Jrl Cl e ek
Published in the Winter PaL-k l"'lani fe:3t::,rl
, 1995.
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t' . e e
"Icebox of the Nation"
P.O. Box 120/153 Fraser Avenue
Fraser, Colorado 80442
(970) 726-5491
FAX Line: (970) 726-5518
TO: Mayor Jensen and Members of the Fraser Town Board
FROM: Planning Commission Chairman Sue Buchheister
DATE: October 26, 1995
RE: Maryvale LLC. Annexation Petition and Zoning Request
On September 24, 1995, the Town of Fraser received an annexation petition from
Maryvale LLC. The petition \Vas accompanied by a POD zoning request for the
approximate 26 acres of real property. A Her extensive review and consideration, Town
staff has determined that the annexation request meets the intent and regulations set forth
in CRS 31-12-104 and CRS 31-12-105. In addition, starf had determined that the request
for the POD zoning meets the intent and regulations set forth on the Fraser TO\vn Code
Planned Development District, Section 13-3-12.
At the regularly scheduled Fraser Planning Commission on October 25, 1995, the
Commission reviewed all relevant documentation with the Town staff. Thc Planning
Commission has determined that all necessary paperwork for the proposed annexation
and zoning request has been accurately submitted. The Commission would like to
recommend that the Fraser Town Board approve this annexation and zoning request,
thereby adding approximately 26 acres of real property to the Town of Fraser.
.. .e .
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TOWN OF FRASER
"Icebox of the Nation"
P.O. Box 120/153 Fraser Avenue
Fraser, Colorado 80442
(970) 726-5491
FAX Line: (970) 726-5518
October 26, 1995
Mayor e.B. Jensen
Town of Fraser
153 Fraser Avenue
Fraser, Co. 80442
Dear Mayor Jensen and Members of the Fraser Town Board:
This correspondence is in reference to a request for annexation from Maryvale, LLe.
The Town has received an annexation petition and zoning request for three parcels of
real property totaling approximately 26 acres. At the Fraser Planning Commission, dated
October 25, 1995, the Commission considered the changes the requested annexation and
zoning would make to the Maryvale Planned Development District Plan (PDDP). After
careful review and consideration, the Commission made a unanimous decision that the
proposed amendments to the PDDP would constitute a minor change in the approved
plan.
The Commission has approved the following proposed amendments to the POOP:
1. Planning Area 23A is enlarged by approximately 12 acres, with no corresponding
request for an increase in the allowed housing units on this parcel, which is currently
zoned for 478 condominium units.
2, Planning Area 238 is enlarged by approximately 13 acres, with no corresponding
request for an increase in the allowed housing units on this parcel, which is currently
zoned for 630 condominium units.
3. Planning Area 28 is enlarged by approximately 1.3 acres, and the Planning Area is
requested to be changed from a planned residential area to a mixed use area.
The Planning Commission approval for the minor changes to the Maryvale PDDP is
contingent upon the following terms and conditions:
I. Absolutely no increase in allowed housing units for Planning Area 23A and 238.
2. Depending upon the compatibility of the mixed use development on Planning Area
28, open space buffering mayor may not be required.
oJ . -. e .
Page Two
Maryvale POOP Amendment
3. Off site impacts may need to be addressed at a later date if and when future
development occurs on Planning Area 28.
4, The proposed amendments and subsequent terms and conditions that have been
approved by the Fraser Planning Commission are contingent upon successful
annexation to, and zoning within the Town off'raser or the three parcels described in
Maryvale's petition for annexation dated September 22, 1995.
-
Respectfully submitted,
" I ~
\ . , " j\-:, l
.<~l'. I, I' . .l) I, I, 1', ~ \- \.1 I, ,l \ (-' ./ .__-
Sue Buchheister
Chairman Fraser Planning Commission
cc: Chuck Reid
Fraser Town Manager
Rick Watrous
Maryvale LLC.
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1. e
\
LLC
The Historic Cozens Ranch
E. Rick Watrous, Manager September 20, 1995
Town of Fraser
Att: Town Clerk, Vicky Winter
P.O. Box 120
Fraser, CO 80442
Re: Annexation of 'Properties to Town of Fraser,
Boundary Adjustment with Town of Winter Park
Dear Ms. Winter:
I am contacting you as a representative of the Maryvale, LLC to present a petition to annex
certain properties into the Town of Fraser and amend the boundary line of the Maryvale PDD
(with a corresponding adjustment to the boundary of the Town). Maryvale also will be
requesting that it be allowed to expand certain PDO use areas as set forth in a companion letter
to this submittal which addresses POD or zoning issues. In submitting this petition,
the Maryvale, LLC states that it is the owner of all real property addressed in this petition.
The properties which are the subject of this petition are as follows:
1. A narrow strip of real property containing approximately 1.2 acres of land more
or less, which fits between the westerly boundary of existing planning area 28 of the
Maryvale PDD and the east right-of-way boundary of Tubing Hill Road. (This parcel
will be called the Tubing Hill Road parcel.) An initial search of records indicates that
this property is presently bordered by the Town of Fraser as to its common boundary
with planning area 28 of the Maryvale POD, and is otherwise jurisdictionally abutted by
unincorporated Grand County. A copy of the deed showing when the Maryvale LLC
took title to this real property is attached as is a drawing or map which shows its
location. For your reference the legal description for this tract of land is:
ALL THAT PORTION OF THE SE1I4SE1I4 OF SECTION 19, TOWNSHIP
1 SOUTH RANGE 75 WEST OF THE 6TH P.M. DESCRIBED AS
FOLLOWS:
3609 S. Wadsworth Bll'd., SHite 210 · LakclVood, Colorado 80235. rfJOlle 303-989-3203 · Fax 303-989-6506
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BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE
OF A 60.00 FOOT ROAD R.O. W. AND THE EAST LINE OF SECTION 19,
WHENCE THE S.E. CORNER OF SAID SECTION 19, BEARS SO
001O'58"W A DISTANCE OF 108.46 FEET,
THENCE ALONG THE EASTERLY LINE OF SAID ROAD, THE
FOLLOWING BEARINGS AND DIST ANCES; N 180 17'W, A DISTANCE OF
290.88 FEET,
THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 290.5
FEET AND A CENTRAL ANGLE OF 30042'30", AN ARC LENGTH OF
155.67 FEET,
THENCE Nlr25'30"E A DISTANCE OF 70.00 FEET,
THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 892.36
FEET AND A CENTRAL ANGLE OF 8006', AN ARC LENGTH OF 126.15
FEET,
THENCE N4019'30"E A DISTANCE OF 169.84 FEET,
THENCE LEAVING SAID ROAD R.O.W., S89019'E A DISTANCE OF
55.42 FEET,
THENCE ALONG THE EAST LINE OF SAID SECTION 19, SOoolO'58"
A DISTANCE OF 791.54 FEET TO THE POINT OF BEGINNING.
2. Two triangular pieces of land, totaling twenty-five (25) acres more or less which
lie between the westerly boundaries of planning areas 23a and 23b of the Maryvale POD
and the east right-of-way line of the Denver, Rio Grande RR. The
Maryvale, LLC purchased these two tracts of land about one month ago. The two (2)
triangular land pieces of land each containing approximately one half of the total land
area. (These parcels will be called the Water Board Triangles.) A copy of the deed by
which the Maryvale, LLC acquired ownership is attached. The deed includes an area
map showing the parcels in question. As was the situation with the Tubing Hill Road,
these parcels are bordered by the Town of Fraser on the east and north via portions of
the existing Maryvale POD. The area to the west is believed to be unincorporated Grand
County. The most southerly boundary of the southerly triangle abuts real property which
is included in the Town of Winter Park as to the King's Crossing Star Condo project.
For your reference, the legal description for the two tracts of land are:
Those portions of land lying northeasterly of the right-of-way for the Denver
& Rio Grande Western Railroad (owned by Southern Pacific Lines) in the
Southwest quarter of the Northeast quarter (SW1I4NE1I4) and in the
Northeast quarter of the Southeast quarter (NE1I4SE1I4) of Section 29,
Township 1 South, Range 75 West, of the 6th P.M.
EXCEPT tract conveyed to Lelah M. Venable and Henry J. King described
as follows:
Commencing at the SE corner of the NE1I4SE1I4 and running thence
Northerly along the East line of said subdivision for 315 feet; thence Westerly
-- ---
, . e e
parallel to the South line of said subdivision for 176.8 feet; thence South 2020'
East for 145.3 feet; thence South 51040' 'Vest for 97.5 feet to the East right
of way line of the Denver and Rio Grande 'Vestern Railroad;
thence Southeasterly on an 80 curve for 142 feet more or less to the South line
of said NEl/4SEl/4 and thence Easterly along said South line of said
subdivision for 154.7 feet to the point of beghinillg.
The above described parcels are shown on Denver Water drawing CAD
950053.
County of Grand,
State of Colorado
For the purpose of this petition and in accordance with CRS~31-12-107(1)(c), this petitioner:
a) Alleges that it is desirable and necessary that the foregoing tracts of real property
be annexed to the Town of Fraser and/or subject to boundary modification for the
following reasons:
(1) RE: Tubing Hill Road parcel - This long, narrow strip of land lies
between Tubing Hill Road and planning area 28 of the Maryvale PDD.
Coordinated planning is needed for this site together with area 28, particularly in
order to establish an effective access from the public road onto area 28.
(2) RE: Water Board Triangles - These areas are virtually land-locked
islands which are not accessible, except through portions of the existing Maryvale
ownership. Their ultimate use, especially as to an access plan, should be
considered in conjunction with the adjacent Maryvale properties.
(b) The petitioner asserts that all relevant requirements of CRS~31-12-104 and 105
have been met and/or exist, including specifically that more than one-sixth of the
perimeter of the areas for which annexation is requested are contiguous to the Town of
Fraser and the proposed annexation is not dividing the ownership of properties to create
any new "lots" or divisions of real property. We are attaching 4 copies of the proposed
annexation maps for each of the parcels described above.
(c) The petitioner signing this application or petition owns more than fifty (50%)
percent of the real property involved in the petition, exclusive of streets and alleys. In
fact, Maryvale, LLC owns all of the real property in question.
1. Attached for your reference is a copy of the Treasurers Deed pursuant to
which we acquired ownership of the Tubing Hill Road parcel. We have
ordered a title insurance commitment as to this parcel which will verify
that the deed attached did convey ownership of this parcel to the petitioner.
The commitment will be forwarded to you as soon as we have received
----- ---- --
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, e e
it from Grant County Title.
2. Attached for your reference is title insurance policy for the two triangle
parcels.
(d) The petitioner does request that the Town of Fraser as the annexing municipality
approve the annexation of the areas as proposed.
(e) This petition is signed by the relevant landowner.
(f) The legal address of the landowner is shown on the letterhead of this petition and
is repeated beneath the signature line at the end of the document.
(g) All land involved in this petition owned by the Maryvale, LLC - copies of deeds
have been attached as well as title insurance infomlation.
(h) The date this petition is signed is the date at the head of the document. It is also
repeated adjacent to the signature.
(i) The signature on this petition was submitted in the presence of a notary who
affirmed it as a proper affidavit signature as of the date shown.
If any added information is required in order for this annexation petition to be accepted and
processed by the Town of Fraser, please advise and the data requested shall be supplied. In
anticipation of your acceptance of this petition, I also forward Maryvale's check in the amount
of $500.00 representing the fee for processing this annexation. For your assistance, I have also
attached a reduction of the Maryvale PDD map which has been highlighted to show the location
of the parcels of land which are the subject of this petition and their relationship to the existing
Maryvale planned development.
Respectfully submitted,
MARYVALE, LLC
CC~dLW~ q ( 2.O{ttJ
E. Rick Watrous, Manager Date
3609 So. Wadsworth Blvd., Suite 210
Lakewood, CO 80235
'-- (303) 989-3203
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.' e e
PETITION FOR ANNEXATION
AFFIDA VIT
STATE OF COLORADO )
J ss.
COUNTY OF Jr:Ffi.tS'rJI )
I, Kevin Ehlers, Circulator of the Petition to Annex 3 parcels of land owned by
Maryvale, LLC to the Town of Fraser, Colorado, hereby affirm that the signatures on the
Petition is that of the property owner and that the signature is the signature of the Manager of
the Maryvale, LLC.
{/ . ,_I CI/1/
/ );(/ f'J'l I/-. l./ .~ / i (/2--
Kevin Ehlers - Circulator
The foregoing instrument was subscribed and affirmed to before me this :)~;b::. day of
~~'.h'~""-:K.'r , 1995, by \Lt, " \ v"\. .\.... r(, h \.~.l' .t' as Circulator of the Petition
for Maryvale, LLC.
WITNESS my hand and official seal.
My commission expires:
Y - I Y - (1. 1
,,:11Ill...r.....,_
/~. : ~
' .. .-- . )
"" . tv
.:~-. ..' _ ~~--~~ L{()~~
!;5,~,g~,~:;~">' Notary Public .
. . ;;';, . _.<" :~..:"' 0" ,......
~...':...lr.J~~!~. ..t'.~."r."
ýÿ
I
.s.' _.,...... e
i
:
,
!
LLC
The Historic Cozens Ranch
E. Rick Watrous, Manager August 18, 1995
Town of Fraser
Att: Vicky Winter, Town Clerk
P.O. Box 120
Fraser, CO 80442
Re: POD Amendment, Maryvale POD
Dear Ms. Winter:
Pursuant to a submission sent concurrently with this letter, the Maryvale, LLC has petitioned
the Town of Fraser to annex certain real properties to the Town. If the Town proceeds to annex
these parcels of land, the status of their zoning will also need to be clarified. Based upon my
meeting and discussion with Chuck Reid, Catherine Skelton, and yourself last week, it was my
understanding that Mr. Reid felt that this could be best and most easily accomplished by means
of a request to amend the existing Maryvale POD. It is Maryvale's intent that the uses for the
property to be annexed relate to the uses already permitted for Maryvale's planning areas
immediately adjacent to the areas to be annexed. Uses to be approved are:
1. RE: Tubing Hill Road parcel - Existing planning area 28 of the Maryvale POD
which is immediately adjacent to this tract of land consists of approximately 2.2 to 2.4 acres and
is zoned for multi-family construction with a density of 20 units per acre. With the addition of
this n~w tqct of land. M !lryv<11p. I')wns t\Vo !()t~ ,"hien. ~ot~! 3.4 - 3 () ;v:res. The LLC is
requesting that the northerly 20% of the combined areas be zoned to allow the installation of a
storage facility and that the remainder of the parcel retain the multi-family use already allotted
to area 28 (e.g. 20 units per acre). This will allow the site to retain the "employee housing" -
or lower cost rental originally planned for the area and will create a bit of a buffer between the
housing and the railroad right-of-way. The storage we have in mind is a public storage activity
which would serve the rental or townhome area as well as being available to the Town and
Maryvale residents.
2. RE: Water Board Triangles - These sites are bordered on their south westerly
side by the right-of-way of the Denver, Rio Grande railroad and on the east, primarily by
existing Maryvale planning areas 23a and 23b. It is Maryvale's request that these planning areas
simply be expanded in size such that the northerly triangle would become a parl of planning area
3609 S. Wadsworth Blth/., Suite 210 · Lakewood, Colorado 80235. Phone 303-989-3203 · FilX 303-989-6506
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23a and the southerly parcel be added to 23b, with the same zoning as is already applicable for
those planning areas.
As you know, Maryvale is also commencing work, together with its planners and architects as
to the layout of the golf course. It is possible that a further adjustment in the relative layout of
planning areas 18, 22, and 23 will be requested once the golf course is better defined. We will
be in touch with you as this process moves forward.
In order to facilitate the processing of this request for modification of the Maryvale PDD zone
districts, I am also forwarding our check in the amount of $1,300.00, representing the
$50.00/acre fee for the approximately 26 acres involved in this application. Please advise me
if any further data is needed at this time.
Sincerely,
MARYVALE, LLC
~('0'\C,0A-/ LJ{l/\\L aV7
E. Rick Watrous
Manager
ERW III
cc: Rich Nipert
File
enclosure
~ .~
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TOWN OF FRASER
"Icebox of the Nation"
P.O. Box 120 / 153 Fraser Avenue
Fraser, Colorado 80442
(970) 726-5491
FAX Line: (970) 726-5518
MEMORANDUM
To: Mayor Jensen ~n Board Members
From: Chuck Reid
Date: November 1, 1995
Subject: Maryvale 11/15/95 annexation and zoning request
Colorado Statutes dictate that an annexation can be held without an election ifvarious
qualifications are met. One of these qualifications is that no conditions are placed on the
petitioner and/or the annexation. In regards to this particular annexation, staff would like to
initiate discussion with Maryvale on one particular condition, but we do not recommend that
this be part of this formal annexation procedure. The informal proposed condition:
The Fraser Municipal Code, 10-5-2, allows for money to be deposited to cover
annexation costs incurred "in e.rcess l~l$50U. . ." Sint.:e Fraser's initial annexation fee
was set at $500, several changes have been made to Colorado Statutes that require
additional expenditures, and in our process we are following the letter of the law. In
addition, Rod McGowan spent an extraordinary amount of time with the applicants initial
annexation petition -- time for which the Town will have to pay.
There are several pros and cons to making this a formal annexation condition. The reasons we
would want this as a condition include the fact that Fraser will be paying approximately $1500
to meet the letter of the law as spelled-out in the Statutes, exclusive of the "extra" time Town
staff has spent on this petition. The reasons we would not want this as a fonnal condition is that
it would move the annexation from a Board decision and would force an election. An election
would result in a time delay and would cause the Town to spend additional money to add this to
next year's election -- and may result in the developer missing the 1996 construction season and
the loss of the golf course investor.
Staff recommends that this not be a tormal condition because our annexation fee is low when
compared with other annexation fees around the state (we got caught behind the curve), and
because we believe that the Maryvale, LLC developers have shown respect for the local culture:
they too want to see a development that "saves" many of the environmental qualities that we
have come to appreciate in the valley. This is most readily seen by their desire to decrease the
already approved development densities -- a trait not shared by all developers. Furthermore, we
know that this annexation is just a precursor for a larger annexation for which we can prepare.
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C ( . .. ~ _, _ c:;c;: 1 R P nF.
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110',1'-10-1 '3'35 16: '38 FF:OH 8'..,". _ _.. _
PRAfl
TOWN OF }"RASER
-1. {./ l f;
ORDINANCE RO. _E_:r..__~'1 L-
AN ORDINANCE PROVIDING f'OR THE ANNEXATION OF TERRITORY TO THE
TOWN OF FRASER, COLoRADO; ZONING SUCH AtrNEXED PROPERTY; AND
AMENDING THE OFFICIAl. ZONING MAP OF THE; TOWN OF F'RASER.
BE IT ORDAINED BY THE BOARD OF rI'RUSTEES OF THE 1'OWN OF FRASER,
COLORADO:
Sectio~__.hnn~atlon~
~ubsecti9lLA.!.. That the owners of one hundred percent (100%) of
the hereinafter described property, exclusive of streets and
alleys have filed with the Board of Trustees of the Town of
Fraser, Colorado, a Petition for Annexation of said property to
the Town of Fraser, COlorado.
SU~sectlon B. That the property to be annexed is described as ~
follows, to wit, ~
PARCEL 1 ~
~
AI,L OF 1'HE SOU'l'IIWESl' QUAR'!'ER or THE NORTHEAST QUARTER OF
SECTION 29, TOWNSHIP 1 SOUTH, RANGE 75 WEST or THE SIXTH ~
PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE Of COLORADO LYING
NORTHEAS'I'ERLY OF THE DENVER 1\NO RIO GRANDE WESTERN RAILROAD
RIGHT OF' WAY (CURRENTLY OWNED BY SOUTnE~N PACIfIC LINES).
SAIU PARCEL CONTAINS All AREA Of' 13.23 ACRES, MORE OR LESS.
PARCEL 2
ALL OF THE NORTHEAST QUARTER Of THE SOUTHEAST QUARTER OF
SECTION 29, TOWNSHIP I SOUTH, RANGE 75 WEST OF THE 6TH
PRINCI PAL t-tERI UlAN, COUN'I"i Of GRAND, STA'fE Of' COLoRADO l,y I NG
UORTHEASTERL~ OF 'tilE DtUVER AND RIO GRANDE WESTERN RAILROAD
RIGHT OF WAY (CURRENTLY OWNED BY SOU'l'HERU Fl\CIFIC LINES)
EXCEPT THAT TRACT CONVEYED TO LELAH M. VENABLE AND HEURY .1.
KING DESCRIBED AS FOLLOWS:
COMMENCING AT TilE SOUTHEAST CORNER OF THE NORTHEAST QUARTER
OF 'rUE SOlJ'rHEAS'f QUARTER AND RUtlUnw THENCE NORTHE~LY ALONG
THE EAST LINE OF SAID SUBDIVISION FOR 315 FEET; THENCE
WESTERLY PARALLEL TO TilE SOUTH LIUE OF' SAIV' SUBDIVISION fOR
II; ,llIP' P RA91ll.\llAJlVVAL8'AJINI~_ on, IUD
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t 10 7:;:IE.5::.18 P.07
111:.11)-10-1995 16:39 FF'OI-l 8(811
176 FEE'r; THENCE S02.20'OO"E fOR 145.3 FEET: THENCE
S51 .10' OO"W FOR 97.5 FEET '1'0 'l'IIE EAST RIGHT-OF-WA'( LINE; OF
THE DENVER AND RIO GRANDE WESTERN RAILROAD: THENCE
SOUTHEAS'l'ERLY on A 08"00'00" CURVE FOR 112 FEET NORE OR Less
TO THE SOUTH LINE OF SAID nORTHEAST QUARTER OF THE; SOUTHEAST
QUARTER AND 'tHENCE EASTERLY ALONG SAID SOUTH LINE OF SAID
SUBDIVISION FOR 154.7 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS AN AREA OF 12.11 ACRES, HORE OR LESS.
PARCEL 3
A PARCEL OF LAND IJOCATED IN TilE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 19, 'l'm'lNSUIP 1 SOUTH, RANGE 75
WEST OF THE 6TII PRINcIPAL tofERIDIAN, COUNTY OF GRAND, STATE
OF COLORADO, MORE PARTICULARLY DESCRIBED AS F'OLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE OF A
60.00 rOOT ROAD RIGHT-OF-WAY AND THE EAS1' LINE OF SEC1'ION
19, HHENCE TilE SOUTHEAs'r CORNER OF SAl D SECTION 19, BEARS
SOO'00'55"~'1 A DISTANCE OF 108.15 FEET;
THENCE Al.ONG THE' EASTERLY LINE OF SAID ROAD, TH~ FOLLOtHNG g
FIVE (5) COURSES: ~
1) N 18'27'04 W, A DISTANCE OF 290.88 FEET: 79
2) AI,oNG THE ARC OF A CURVE To THE RIGIIT HAVING ^
RADIUS OF' 290.50 FEET, ^ CENTRAL AhGI..E OF ~-0
30'42'30", AND AN ARC LENGTH OF 155.67 FEET: ~
3) N 12 '15'27" E, A InSTANCE OF 70.00 FEE'l':
4) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A
RADIUS OF 892.36 FEET, ^ CEllTRAIJ ANGI,E OF
8' 06' 00", AND AN ARC LENG'fH OF 126.15 FEEl':
5) N 04'09'27" E A DIS'l'1\tlCE OF 169.84 FEET7
THENCE LEAVING SAID RIGHT-Of-WAY, S 89'2~'OJ" E A orSTANCE
OF 55.42 FEET TO SAID EAST LINE OF THE SOUTHEAST QUARTER OF
THE SOUTHEAST QUARTER;
THENCE S 00'00'55" W AI.oNG SAID EAST LINE, ^ DISTANCE OF
791.60 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS AN AREA OF 54,728 SQUARE FEET (1.256
ACRES) MORE OR LESS.
~ybsect ~JllL C !. That the said property is eligible for annexation
as provided in "The Municipal Annexation Act of 1965".
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'110"-18-1'3'35 16:'3'3 r-POI'l 81_81'1 lU rc._.,._ _ '_
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-F~ SUQ~e~'12.Q..Q_!- That thl"^~nexation Agreement approved by
~~ Ordinance No. 153, as/amended by the SUpplement and Amendment to
' ~t Annexa tion Agreement/approved by Ord i n8nce No. t.L1.!.!1:.I~ is hereby
<it -J ~ made a condltion of this annexation and such property Elhall be
~ j~ subject. the terms and provisi.ohs of said Agreement, as amended.
----' -
~~ j \ ~~.tiQ!L.L. That the horeinabova described property be and the
B I~ same is hereby annexed to the Town of Fraser, Colorado, and the
~- ~,..corporate limits of said Town are hereby extended to encompass
,~f'.C:. said property.
'i .~ I k<f"+.""A'i'twt,,.J-J"\~"J\'MJ.'-1c=J--~-::--trlri-k-h4-
0_ ~ Section 2_~~ning.
--c:. ....,
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! WHEREAS, the property descrIbed above is by th s Ord nance
"'7.-::::t.. ahnexed to the Town of Ft'aser, Colorado;
,...-',
, AND WHEREAS, pursuant to Section 31-12-115, Colorado Revised
! ~ statutes, as amended, it is necessary to zona said propertYI
~ ~ AND WHEREAs. the Owner of saId propsrty hae submi tted an ~
~ -~ appl i.cation to zone said property "PO - Planned Development ~
- -I.. District" as provided in Section 13-)-12 of the Code of the Town dJ
j Ii! of haBer. enti tl ed 'I Planned Development. District (P. D. ) "I ~
ft ~ 1\Nl> WHEREAS, the owner of said property is also the owner of
,~ \! the adjoining property that was previously Zotled as Planned c::u;J
1.1') Development District No. 1 (POD #1), pursuant to Ordinance Nos. --"
' i ~~ 154, 155, 156, 157, 158, and 159, and said OWner has requested l:---U
~..~ that the above described property be zoned In the Same manner and
~. be made subject to the same Planned Development Plan as said
,,:3 >-) adj oining property;
~J
r't - AND WIIEREAS, the Fraser Planning Commission has reviewed
~ said application and has recommended that said 20111h9 request be
1 approved and that the Planned Development Plah be amended to
-..;j include said property hereby annexed to the Town;
rJ
AND WHEREAS, a pUblic hearing Was held by the Board of
Trustees of the Town of Fraser pursuant to Notice of said public
hearing, properly PUblished, as required by the Code of the TOwn
of Fraser, Colorado, and Section 31-23-304, Colorado Revised
statutes, as amended;
AND WHEREAS, the Board of Trustees hereby finds that the
proposed zoning and the Planned Development Plan for said
property is in substantial conformance wltl1 the Comprehensive
Plan (a190 some~lmes known 85 the Master Plan) of the Town of
Fraser, as amended:
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11011-10-1 '3'35 IE..: ~IO FPOII Br: 811 1IJ 7265'::,18
P.O'3
AND WHEREAS, it appearing to the Boa~d of Trustees that it
would be in the best interests of the Town of Fraser to zone this
property as in thls Ordi.nance provided; and therefore,
~ubsec~,i..QIL.lh Pursuant to sections 13-11-} and 13-11-2 of the
Code of the Town of Fraser, Colorado, the official zoning map of
the Town of Fraser is hereby amended by zoning the following
property "Planned Development District No.1 (POD #1)", in
accordance with the Plan documents previously approved pursuant
to Ordinance Nos. 154, 155, 156, 157, 158, and 159 and the
Supplement and Amendment to Annex"tion Agr-eement approved by
Ordinance No. '~\':l-___:
PARCEL 1
ALL OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUAR1'!::R OF
SECTION 29, TOWNSHIP 1 SOUTH, RANGE 75 WEST Of THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO LYING
NORTHEAS'l'ERLY Of" TilE DENVER AND RIO GRANDE WESTERN RAILROAD
RIGHT OF WAY (CURRENTLY OWNED BY SOUTHERN PACIFIC LINES).
SAID PARCEL. CONTAINS An AREA OF 13.23 ACRES, MORE OR LESS. ~
~
PARCEL 2
ALL OF THE NORTHEAST QUARTER OF THE SOU'fHEAST QUAR'fER Of' ~
SECTION 29, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH c:::t:01
PRINCIPAI~ ~1ERIDIAN, COUNTY Of GRAND, STATE OF COLORADO LYING c:::::::G
NORTHEASTERLY OF '{'HE DENVER AND RIO GRANDE WESTERN RAILROAD
RIGHT OF l'IA Y (CURRENTLY OWNED BY SOUTHERn PACIFIC LINES)
EXCEPT THAT TRAC'l' CONVEYED TO .LELAH M. VENABLE AND HENRY .J,
KING DESCRIBED AS FOI,I..oWS:
COMMENCING AT THE SOUTlIEAS'l' CORNER OF THE NORTHEAST QUARTER
OF THE SOUTHEAST QUAR'1'ER AND RUNNING THENCE NORTHERLY ALOnG
THE EAST l,THE OF SAID SUBDIVISIon FOR 315 FEET; 'l'IlENeE
1'1ESTERLY PARALLEL TO 'l'HE SOUTH LINE OF SAID SUBDIVISION FOR
176 FEE'!'; 'l'IfENCE S02020'OO"E fOR 145.3 FEE'!': 'l'HENCF.
S51"40'OO"W FOR 97.5 FEET '110 THE BAST RIGHT-Of-WAY LINE OF
TilE DENVER AND RIO GRANDE WESTERN RAILR01\D: THENCE
SOUTHEASTERLY Otl A 08000 I 00" CURVE FOR 142 FEET MORE OR LESS
TO TilE SOUTH LINE Of SAID nORTHE1\ST QUAR'rER OF THE SOUTHE1\ST
QUARTER AND THENCE EASTERLY ALONG SAID SOUTH LINE OF SAID
SUBDIVISION FOR 154.7 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS AN AREA OF 12.17 ACRES, MORE OR LESS.
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1101)-10-1 '3'35 16:41 FF'OH B'=81'1 TO 726':.,518
P.w
PARCiU
A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF TilE
SOUTHEAS'l' QUARTER or SECTION 19, TONNSIUP 1 SOUTH, RANGE 7S
I~EST Of TilE 6TH PlUNCIPAl. MERIDIAN, COUNTY OF GRAND, STATE
OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE OF A
60.00 FOOT ROAD RIGHT-or-WAY AND THE EAST LINE OF SECTION
19, WHENCE THE SOUTHEAST CORNER OF S1\ID SECTIon 19, BEARS
SOooOO'55"W A DISTANCE OF 108.45 FEET;
THENCE ALONG THE EASTERLY LItlE OF SAID ROAD, THE FOLLOWING
FIVE (5) COURSES:
1) N 19027'04 W, A DISTANCE OF 290.08 FEET; g
2) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING 1\ e:~
RADIUS OF 290.50 tEET, A CENTML AnGLE Of
30"42'30", AND AN ARC LENGTH OF 155.67 FEET; ~
3 ) N 12"15'27" E, A DISTANCE OF 70.00 FEET;
4 ) ALONG TilE ARC Of A CURVE '1'0 THE LEFT HAVING A
0-0
RADIUS OF 892.36 FEET, A CENTRAL MIGLE OF
0"06'00", AnD AN ARC LENGTH or 126.15 FEET;
~
5) N 04009'27" E 1\ ors'rANCE OF 169.94 FEET;
THENCE I,EAVING SAro RIGHT-Of-WAY, S 99029'03" E A DISTANCE
Of 55.42 FEET TO SAID EAST LItlE OF 'l'UE SOUTHEAST QlJARTER OF
1'IIE SOUTHEAs'r QUARTER;
THENCE S 00.00'55" W ALONG SAID EAST LINE, A DIS'fANCE or
791.60 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS AN AREA OF 54,729 SQUARE FEET (1.256
ACRES) MORE OR LESS.
~bsect!on B. Said property hereby zoned "Planned Development
District lto. 1 (POD #1)11 shall be deemed to be added to the
adjacent Planning Areas shown on the approved Planned Development:
Plan Map, dated October, 1986, with that part of said property
described as Parcel I to be added to Plann.ing Area 23a; t.hat part
of said property described ns Parcel 2 to be added to Planning
Area 2Jb; and that part of said property described as Parcel J to
be added to Planning Area 28. There shall be ~o change In the
allowable 'uses or density applicable to such Planning Areas, as
provided in tho approved Plan.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BV THE BOARD OF
TRUSTEES THIS -. day of ,
1995.
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110\.1-10-1 '3'35 if:,: ~ 1 FPiJ/-I BI~ &1-1 ro 72ES518 P. 11
Votes in favor: - BOARD OF TRUSTEES OF THE
Votes opposed: - TOWN or FRASER, COLORADO
Votes abstained: -
BY:
C. B. Jensen, Mayor
l\T1'EST:
(SEAL)
Vlrqlnfa Winter, Town Clerk
PUblished in the Winter Park Manifest on , 1995.
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4J1J!l
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, FF:OI'I B'=8H 10 72t,5518 P.02
110',1-18-1'3'35 16: 'Jf:,
~
~ ~ % ~I[\;~;r A RBAfI
~ ~ SUPPLEIIEHT lilli' lIMEHDIIEHT "0 ANHEXATION AGREEIlEHT
'l'fUS SUPPLEMENT AND AMENDMEN'I' TO AtlNEXA1'ION AGREEMUIT is
made and enter-ed into by and between the TOHN OF FRASER, a
municipal corporation of the state of Colorado ("Fraser"), and
HARYVALE LI,C, a Colorado limited liability company ("Owner").
WHEREAS, Fraser and Regis-tfaryvale, I.ne. , a Colorado
corporation, heretofore entered into a written Annexation
Agreement dated October 5, 1986', which was recorded on October
:2 1 , 1986 in Book 405 at Pages 734 through 806 (Reception No.
24908~) of the records in the office of the Clerk and Recorder of
Grand County, Colorado;
AND WHEREAS, OWner is tIle current Owner of the Property
described in said Annexation Agreemont and is the successor to
all rights and obligations of Reg!s-Maryvale, Inc. under said
Annexation Agreement;
AND WHEREAS, Owner has acquired ownership of the following
described real property, which is adjacent to said Property
described in the Annexation Agreement:
PARCE~ t
ALL OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER Of'
SEC'l'ION 29, Tot9NSflIP 1 SOUTH, RANGE 75 WES'I' OF THE SIX'l'H
PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO LYING
NOR'rHEASTERLY OF THE DENVER AND RIO GRANDE WESTERn R1\ILROAD
RIGHT OF WAY (CURRENTl.V OWNED BY SOUTIIERN PACIf'IC J.,INES).
SAID PARCEL CONTAINS AN AREA OF l3.~~ ~CRES, MORE OR LESS.
EARCEL 2
ALL OF 'l'JlE NORTHEAST QUARTER OF THE sou'rUEAST QUARTER OF
SEC'l'I<JtI 29, TOWNSBI P 1 SOUTH, RANGE 75 HEST OF THE 6TH
PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE Of' COLORADO L'i InG
NORTHEASTERLY Of' THE DENVER AND RIO GRANDE WESTERN RAILROAD
RIGHT OF WAY (CURRENTLV O\'lUElJ BY SOUTHERN Pl\CIFIC LUIES)
EXCEPT THAT TRACT CONVEYED '}'O LELAH M, VENABLE AND HENRY J.
KING DESCRIBED AS FULLOWS:
COMMENCING Al' TilE SOUTHEAST CORNER Of' 'filE NORTHEAST QUARTER
OF THE SOUTHEAST QUARTER AND RUNNING l'HENCE NORTHERLY ALONG
THE EAST LINE OF SAID SUBDIVISION FUR 315 FEET; THENCE
WESTERLY PARALLEL TO THE SOUTH LUIE OF SA to SUBDIVISION FOR
,,: \ ID p\ FRASER \ HAP.YVM,Il\ .Alnlt>:- AM.
Iil fD
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IIOI..1-10-1'3':l':. It,:36 FF:OI'I Br:SJI '10 7265:.18 P,03
'176 FEET; THENCE S02'20'00"E FOR 145,3 FEEl'; THENCE
551 · 4 0 'OO"W F'OR 97.5 FEET '1'0 THE EAST RIGnT-OF-WA~ LINE OF
THE DENVER AND rno GR,AUDE WESTERn Rl\l LROl\D; THENCE
SOU'l'IIEASTERL'i ON A OS'OO'OO" CURVE fOR 142 fEET MORE OR LESS
TO THE SOUTH LINE OF SAID NORTHEl\S'l' QUARTER OF TUE SOUTHEAST
QUARTER AND THENCE EASTERLV ALOUG S1\ID SOUTII LINE OF' SAID
SUBDIVISION fOR 154. '7 FEE'!' TO 'l'HE POINT OF BEGIUNING.
SAID PARCEl, CONTAINS 1\.N ARE1\. OF l~ ~ ~ 7 r.CRES, MORE OR LESS.
PARCEL 3
A PARCEL Of LAND LOCATED IN THE SOU'l'flEl\ST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 19, TOHNSHIP 1 SOUTH, Rl\NGE 75
WEST OF TUE 6TH PRINCIPAL MERIDIAN, COUN'l'Y OF GRAND, STl\1'E
Of COLORADO, MORE PARTICUIJ\RL'i DESCRIBED AS FOLLOWS:
. BEGINNING A'l' THE POINT OF IUTERSECTION OF TUE EAST LINE OF A
60.00 FOOT ROAD RIGHT-OF-WA~ AND THE EAST LINE OF SECTION
19, WHENCE '{'HE SOUTHEAST CORNER OF S1\IO SECTIon 19, BEARS
SOO'00'55"W A DISTANCE OF 108.45 FEET;
THENCE ALONG THE EAS'IIERLY LINE OF' SAID ROAD, THE FOLLOWING
FIVE (5) COURSES:
1) N 18"27'04 W, A DISTANCE OF 290.89 FEET; 8
2 ) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 290.50 Ff,ET, A CENTRl\TJ AIJGLE OF ~
30"12'30", AllO 1\ll ARc LENG'rH Of 155.67 FEET;
3) N 12"15'27" E, 1\ DISTANCE OF 70.00 FEE'!'; ~
4) l\I,ONG THE ARC Of A CURVE 'fO THE LEFT HAVING A
RAUIUS OF 892.36 FEET, A CEllTRAL ANGLE OF c:u=u
8"06'00", AND J\N ARC LENGTH OF 126.15 FEET;
5) N 04009'27" E A DISTANCE OF 169.84 FEET; c:=:[]
THENCE LEAVING SAIU RIGHT-OF-WA'i, S 99029'03" E A DISTANCE
OF 55. 42 FEET '1'0 SAl D EAST LINE OF 'rilE SOU'rUEAS'l' QUARTER OF
THE SOUTHEAST QUARTER,
THENCE S 00.00'55" W ALONG SAID EAST LINE, A DISTANCE OF
., 91.60 fEET TO THE POUlT OF l3EGINU1NG.
SAID PARCEL CONTAINS AN AREA OF 54,728 SQUARE FEET (1.256
ACRES) MORE OR LESS.
Said real property is collectively referred to herein as the
"Additional Property";
AND WHEREAS, Owner has proposed to annex B.a id Add i tional
Property to the Town of Fraser; and Owner and Fraser have agreed
that upon annexation, such Additional Property shOUld be made
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1101)- 10 - 1 3'35 16: 3', FFCiI'l B':t:ll TCi
726:':'18 P.04
sUbject to the provisions of tile Annexation Agreement and its Use
and development should governed by the terms thereof and the
provisions of the approved Plan Developm$nt District Plan for the
Property;
AND WHEREAS, Owner arld Fraser desire to supplement and amend
the provisions of said Annexation Agreement, as here.in provided.
NOW 'l'HEREFORE, in consideration of the mutUal covenants and
agreements contained heroin and for other good al1d valuable
consideration, the receipt and adeqL1acy of which is hereby
acknowledged by both Owner and Fraser, the parties agree as
follows:
(1) Effective upon the annexation of the Additional
Property to the Town of Fraser, the Additional Property shall be
governed by the provisions of the Annexation Agreement and shall
be deemed to be a part of the Property referred to in the
Annexation Agreement for all purposes. Exhibit "A"7" attached to
the Annexation Agreement, Which contains the legal description of
the Property subject to the Annexation Agreement, shall be deemed
to be supplemented by the addition of the Additiol1al Property
described above.
(2 ) Owner has proposed that, upon annexation, the
~
Additional Property be zoned "PO - Planned Development
~
District", in accordance w.i th the Plan previous) y approved by
Fraser for the Proper-tv described in Exhibit "A-7" attaChed to ~
the Annexation Agreement: and owner lias proposed that the
Additional Property be added to the adjacent Planning Areas shown
on the appr-oved Development Plan, with that part of the c:u=u
Additional Property described as Parcel 1 to be added to Planning c::::8
Area 23a: that part of the Additional Property described as
Parcel 2 to be added to Planning Area 23b: and that part of the
Additional Property described a9 Parcel 3 to be added to PlannJng
Area 28. Effective Upon adoption of such zoning, the Pl.anning
Areas shown on Exhibit "B" attached t.o the Annexation Agreement
shall be deemed amended by ttle addition of such adjoinin9 Parc$ls
included in the Additional Property. Ther-e shall be no change in
the allowable Uses or density applicable to such Planning Areas,
as provided in the approved Plan.
(3 ) Except as expt'e9sly FoUpplemented and amendod by the
terms of this .1 nstrument, the Annexation Agreament and all terms,
condJtions and provisions thereof shall remain unchanged and are
hereby ratified and Confirmed by Fraser and Owner.
IN WI'I'UESS WHERtOF, the parties have heraunto subscribed
their signatures on the dates indicated below.
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. 72E:.5S18 P.05
,'IOU-lO-l ':!':l5 lE:,: 38 FROII B(:8H 10
OWNER FRASER
MARYVALE LLC, TOWN OF FRASER,
a Colorado limited a municipal corporation of
liability company the state of Colorado
BYJ BY:
Manager .- ----Date Mayor --------.- Date
ATTEST:
Town-Clerk - Date
LIENHOLDER APPROVAL
The undersigned, as the holder of a lion on all or a part of
the Property described in the aforesaid 1\lln~xation Agreement,
hereby acknowledges its approval of the tE'lrrns of the foregoing
Supplement and Amendment to Annexation Agreemel1t and agrees it
will be bound thereby In the event of foreclosure of said lien.
REGIS JESUIT HOLDING, INC. ,
a Colorado nonpr.ofit corporation
BY:
TITL~--'---'- ._~-----
-.--. ----- ..---
~~~~~ DATE:
-"---..-.
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