Loading...
HomeMy Public PortalAboutTBP 1995-11-15 .. . 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. .. . 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. ----- -- ýÿ e e 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! --------- ------- - . . '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. ----- - - --- -- - e ~e ~ / 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. / 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. '-- , "- ~ ~ - ~ " \, u' t :.J ,'~ ..... - - - --- , e e , 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." --- ýÿ "- e e .. 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 ------ ---.---- ýÿ ---- --- \. e e . 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 -- ---- ----- \. e e .- _J "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. ýÿ \. e e .~ 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, ýÿ e ,_ 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. ýÿ " . . .' \ i SENT BY:BAllARD SPAHR ANDREWS ;11-13-95 ;12:04PM ; 3032963956-+ 9707265518;# 2 .... ", ....... .., -'" .,..... ...... ....... ...-."...........-... .. ,. .... -...... 1l1)47.001(pP) TOWN OF FRASER ORDINANCE NO. . 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 . . .. ýÿ 1 I .. e e .. SENT BY:BALLARD SPAHR ANDREWS ;11-13-95 ;12:05PM ; 3032963956-+ 9707265518; # 4 \ 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 - 3 -- ýÿ e e . .' 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. ~ 2 ".- ..... .. ~ ýÿ . . C \'WC-Il- ~ c.op\t . ~ 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'[) ýÿ - ------------- . . . . 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. - 'j - . . 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 - :, - .,' . . 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: - 4 - -- 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 . - ~') - ----- . . . . 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 - ýÿ . . . . 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 - 7 - ýÿ . . . . . 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 - tJ - ýÿ ..J . . . ., ,. , 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 . - - - .' . . . . 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; - 2 - ýÿ ~ . . 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., - 3 - ýÿ , . . 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: --- ----- - 4 - ýÿ . . 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. -- - 2 - ýÿ . . . 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 - ýÿ .' ~ . . . 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. -_._-------~ - 6 - ýÿ 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 . .. 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. ýÿ 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 ýÿ I e e .. 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 ----- ---- -- ---------- , 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 -------- ýÿ --------- ------ ----- .' 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 ýÿ .. -. . -"a e e 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 ~ .~ ~ - 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. ýÿ - e e C ( . .. ~ _, _ c:;c;: 1 R P nF. -9rl III {LI--.... _ .':'_ 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 -- e e , 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". - 2 - ýÿ .... . ~ ~'h'"IR P 88 '110"-18-1'3'35 16:'3'3 r-POI'l 81_81'1 lU rc._.,._ _ '_ ~ . ~ ~ '--1:- J~' ~ \.~~ j l~ . J --g - ~ ( .r..--t "" iJ 0 ~ ~ ..- '-~ -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:. ...., ~, ~ '. i i ! 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: - -' - ýÿ e e 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. - 4 - - - ýÿ . e e 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. - 5 - ýÿ e e 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. --.-- 1iJt/l 4J1J!l - 6 - ýÿ e e , 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 ýÿ e e 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 - 2 - II: \ 1lIr'\rRASBR\I1NlYVALIl\Nnn;X_AH. r/PD ýÿ . e e . 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. - 3 - It: \ III p\ FRAStll\KAP,YV/U.E\NUlex._Ni,lIIPo ýÿ e e . 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: -"---..-. - 4 - H, \ \;P\ FRASER\KARYVALB\ AtIflE:i-^"I. III PO