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HomeMy Public PortalAboutResolution 1983-10-01 Amending the Boundary of Special Improvement District No. 1982-1RESOLUTION No. 1983- AMENDING THE BOUNDARY OF SPECIAL IMPROVEMENT DISTRICT NO. 1982-1 WITHIN THE TOWN OF FRASER; PROVIDING FOR CHANGES IN THE PROPOSED IMPROVE- MENTS TO BE CONSTRUCTED AND INSTALLED, AND ASSESSMENT OF COSTS TO BE ASSESSED AGAINST THE REAL PROPERTY INCLUDED WITHIN THE DISTRICT, AND FOR A HEARING ON THE PROPOSED CHANGES. WHEREAS, by Resolution No. 1982-6-1, passedand adopted on June 4, 1982, the Board of Trustees of the Town of Fraser declared its intention to create a special improvement district, adopted details and specifications relating to the proposed improvements and ordered a hearing on the creation of the district and the improvements to be constructed and installed; and WHEREAS, the Board heard and considered all protests and objections at the public hearing, and, by Ordinance No. 111, passed and adopted on July 7, 1982, created Special Improvement District No. 1982-1 for the purpose of constructing and installing certain street improvements, drainage improvements, water lines and sewer lines, together with necessary incidentals; and WHEREAS, the Board has now determined that certain street, drainage, water and sewer improvements should not be constructed as part of the District, and that certain real proper- ty should be excluded from the District; and WHEREAS, the Board has further determined that the improvements should also include a new street or road, from CR 72 to the southwest corner of Tract C, and that the cost of such construction and installation should be assessed against the real property in Parcel C, Tracts A, B, C and D; and WHEREAS, the Board anticipates that the assessment of costs as a result of the change in boundary description and the proposed improvements will not result in an increase in the unit costs proposed to be assessed, as set forth in Resolution No. 1982-6-1 or Ordinance No. 111 (except with respect to the new road to be constructed and installated, referred to above); and - 1 - WHEREAS, the Board has further determined that it is necessary to amend Ordinance No. 111 with respect to the boundary of the District and to change and clarify the proposed improve- ments, the cost estimates and the assessment of costs; and WHEREAS, a hearing on the proposed changes in Special Improvement District No. 1982-1 will be held prior to the con- sideration of an amendment to Ordinance No. 111; BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO: Section 1. That subject to any protests or objections at the hearing provided for in Section 5 hereof, the Board has determined that the boundary of the District as described in Section 3 of Ordinance No. 111 should be amended by deleting Parcel A, Block 1, Forest Meadows Solar Community and certain other real property described in Section 3 of Ordinance No. 111 which has been acquired as right-of-way or which will become the right-of-way for the proposed street improvements. It is proposed that the boundary of the District, as amended, will include the following real property: - 2 - LEGAL DESCRIPTION OF A PARCEL OF LAND TO BE KNOWN AS BLOCK "3", PARCEL "A", FOREST MEADOWS SOLAR COMMUNITY, LYING WITHIN SECTION 19, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M., ALL IN GRAND COUNTY, COLORADO; AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: 1) BEGINNING AT A POINT LYING ON THE EASTERLY BOUNDARY OF DOC SUSIE AVENUE RIGHT- OF-WAY, FROM WHENCE THE EAST 1/4 CORNER OF SAID SECTION 19 BEARS, N42026'20"E, 1150.23 FEET; - 2) THENCE ALONG THE EASTERLY BOUNDARY OF SAID DOC SUSIE AVENUE RIGHT-OF-WAY, ALONG A CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 37-56-28", RADIUS OF 130.00 FEET, AND AN ARC LENGTH OF 86.09 FEET, THE CHORD OF SAID CURVE BEARING N04°26'06"E, 84.52 FEET; 3) THENCE CONTINUING ALONG THE EASTERLY BOUNDARY OF SAID DOC SUSIE.AVENUE, N23°24'20"E, 21.99 FEET, TO A POINT OF CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 16031'48", RADIUS OF 237.90 FEET, AND AN ARC LENGTH OF 68.64 FEET, THE CHORD OF SAID CURVE BEARING N15008'52"E, 68.40. FEET, TO A POINT LYING ON THE INTERSECTION OF SAID DOC SUSIE AVENUE AND ELK CREEK DRIVE; 4) THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID ELK CREEK DRIVE RIGHT-OF-WAY, ALONG A CURVE OT THE.LEFT, HAVING A CENTRAL ANGLE OF 04°07'50", RADIUS OF 493.39 FEET, AND AN ARC LENGTH OF 35.57 FEET, THE CHORD OF SAID CURVE BEARING N84029'04"E, 35.56 FEET; 5) THENCE N82025'09"E, 419.91 FEET; 6) THENCE S00006'18"E, 394.45 FEET; 7) THENCE S89°53'42"W, 175.00 FEET; 8) THENCE S48009'03"14, 184.21 FEET, TO A POINT LYING ON THE NORTHERLY BOUNDARY OF SAID DOC SUSIE AVENUE RIGHT-OF-WAY; 3 - 9) THENCE ALONG SAID NORTHERLY BOUNDARY OF SAID DOC SUSIE AVENUE, RIGHT-OF-WAY, ALONG A CURVE TO THE RIGHT, HAVING; A CENTRAL ANGLE OF 03-05-46", RADIUS OF 78.34 FEET, AND AN ARC LENGTH OF. 4.23 FEET, THE CHORD OF SAID CURVE BEARING N45°23'26"14, 4.23 FEET, TO A POINT OF CONCURRECT CURVE; 10) THENCE ALONG THE EASTERLY BOUNDARY OF SAID DOC SUSIE AVENUE, -ALSO BEING A CURVE TO THE RIGHT,.HAVING A CENTRAL ANGLE OF 31-16-46", RADIUS OF 613.56 FEET, AND AN ARC LENGTH OF.334.96 FEET, THE CHORD OF SAID CURVE BEARING N30°10'49"W, 330.82 FEET, TO THE POINT OF BEGINNING; 11) SAID BLOCK "3", CONSISTS OF 4.20 ACRES, MORE OR LESS. - 4 - LEGAL DESCRIPTION OF A PARCEL OF LAND TO BE KNOWN AS BLOCK "2", PARCEL "A", FOREST MEADOWS SOLAR COMMUNITY, AND LYING WITHIN SECTION 19, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M., ALL IN GRAND COUNTY, COLORADO; AND MORE PARTIC- ULARLY DESCRIBED AS FOLLOWS: 1) BEGINNING AT A POINT, LYING ON THE EASTERLY BOUNDARY OF DOC SUSIE AVENUE RIGHT-OF-WAY, FROM WHENCE THE EAST 1/4 CORNER OF SAID SECTION 19 BEARS N84°50'52"E, 746.11 FEET; 2) THENCE CONTINUING ALONG THE EASTERLY BOUNDARY OF SAID DOC SUSIE AVENUE, S00°10'21:E, 551.16 FEET, TO A POINT BEING THE INTERSECTION OF SAID DOC SUSIE AVENUE, AND ELK CREEK DRIVE; 3) THENCE CONTINUING ALONG THE NORTHERLY BOUNDARY OF SAID ELK CREEK DRIVE, ALONG A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF-03°26'20", RADIUS OF 433.39 FEET, AND AN ARC LENGTH OF 26.01 FEET, THE CHORD OF SAID CURVE BEARING N84008'19"E, 26.01 FEET; 4) THENCE CONTINUING ALONG THE NORTHERLY BOUNDARY OF SAID ELK CREEK DRIVE, N82025'09"E, 423.79 FEET; 5) THENCE CONTINUING ALONG THE NORTHERLY BOUNDARY OF SAID ELK CREEP, DRIVE, N82°25'09"E, 10.00 FEET; 6) THENCE N190.20'55"W, 521.58 FEET; 7) THENCE S89049'39"1J, 284.72 FEET, TO THE POINT OF BEGINNING; 8) SAID BLOCK "2", CONSISTS OF 4.50 ACRES, MORE OR LESS. �lw LEGAL DESCRIPTION OF A PARCEL OF LAND TO BE.KNOWN AS BLOCK "l", PARCEL "B", FOREST MEAD014S SOLAR COMMUNITY, LYING WITHIN SECTION 19, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M., ALL IN GRAND COUNTY, COLORADO; AND MORE PAR- TICULARLY DESCRIBED AS FOLLOWS: 1) BEGINNING AT A POINT, LYING ON THE SOUTHERLY BOUNDARY OF ELK, CREEK DRIVE, FROM WHENCE THE EAST 1/4 CORNER OF SAID SECTION 19 BEARS N25028'05"E, 686.88 FEET; 2) THENCE S00006'18"E, 394.45 FEET; 3) THENCE S89053'42"W, 175.00 FEET; 4) THENCE S48°09'03"W, 184.21 FEET, TO A POINT LYING ON THE NORTHERLY BOUNDARY OF DOC SUSIE AVENUE RIGHT-OF-WAY; 5) THENCE CONTINUING ALONG THE NORTHERLY BOUNDARY OF SAID DOC SUSIE AVENUE, ALONG A CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 41°16'08", RADIUS OF 78.34 FEET, AND AN ARC LENGTH OF 56.43 FEET, THE CHORD OF SAID CURVE BEARING S69033'20"E, 55.22 FEET; 6) THENCE CONTINUING ALONG THE NORTHERLY BOUNDARY OF SAID DOC SUSIE AVENUE, N89°53'42"E, 517.21 FEET, TO THE INTERSECTION OF SAID DOC SUSIE AVENUE AND THE WESTERLY BOUNDARY OF COUNTY ROAD 72 RIGHT -OF -!-JAY; 7) THENCE CONTINUING ALONG THE WESTERLY BOUNDARY OF SAID COUNTY ROAD 72, N00°06'18"W, 570.14 FEET, TO A POINT BEING THE INTERSECTION OF SAID COUNTY ROAD 72 AND SAID ELK.CREEK DRIVE; 8) THENCE CONTINUING ALONG THE SOUTHERLY BOUNDARY OF SAID ELK, CREEK DRIVE, S82°25'09"W, 258.67 FEET, TO THE POINT OF BEGINNING; 9) SAID BLOCK, "1", CONSISTS OF 4.08 ACRES, MORE OR LESS. LEGAL DESCRIPTION OF A PARCEL OF LAND KNOWN AS BLOCK "2", PARCEL "B", FOREST MEADOWS SOLAR COMMUNITY, AND LYING WITHIN SECTION 19, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M., ALL IN GRAND COUNTY, COLORADO; AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: 1) BEGINNING AT A POINT, LYING ON THE EASTERLY BOUNDARY OF THE DENVER AND RIO GRANDE WESTERN RAILROAD RIGHT-OF-WAY, AND ALSO LYING ON THE SOUTHERLY BOUNDARY OF DOC SUSIE AVENUE RIGHT-OF-WAY, FROM WHENCE THE EAST 1/4.CORNER OF SAID SECTION 19 BEARS N28°57'11"E, 1346.21 FEET; 2) THENCE CONTINUING ALONG THE SOUTHERLY BOUNDARY OF SAID DOC SUSIE AVENUE RIGHT-OF-WAY, ALONG A CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 44-17-32", A RADIUS OF 138.34 FEET, AND AN ARC LENGTH OF 106.94 FEET, THE CHORD OF SAID CURVE BEARING S67057'27"E, 104.30 FEET; 3) THENCE.CONTINUING ALONG THE SOUTHERLY BOUNDARY OF SAID DOC SUSIE AVENUE, N89°53'42"E, 517.21 FEET, TO A POINT LYING AT THE INTERSECTION .OF SAID DOC SUSIE AVENUE AND COUNTY ROAD 72: 4) THENCE ALONG THE WESTERLY BOUNDARY OF SAID COUNTY ROAD 72 RI.GHT-OF-WAY, S00°06'18"W, 109.99 FEET; 5) THENCE CONTINUING ALONG THE WESTERLY BOUNDARY OF SAID COUNTY ROAD 72 RIGHT- OF-WAY, S14°47'58"W, 120.80 FEET, TO A POINT LYING ON SAID EASTERLY BOUNDARY OF THE DENVER AND RIO GRANDE WESTERN RAILROAD; 6) THENCE CONTINUING ALONG SAID EASTERLY RAILROAD RIGHT-OF-WAY, N71°33'12"W, 344.64 FEET, TO A POINT OF CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 25-44-09", RADIUS OF 673.54 FEET, AND AN ARC LENGTH OF 302.54 FEET, THE CHORD OF SAID CURVE, BEARING N58°41'07"14, 300.00 FEET, TO THE POINT OF BEGINNING; 7) SAID BLOCK "2" CONSISTS OF 1.74 ACRES, MORE OR LESS. ors LEGAL DESCRIPTION OF A PARCEL KNOWN AS PARCEL "C" FOREST MEADOWS SOLAR COMMUNITY, AND LYING WITHIN SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M., ALL IN GRAND.000NTY, COLORADO; AND MORE PARTICULARLY DESCRIBED AS"FOLLOWS: Tract A: Commencing at the West 1/4'corncr of Section 20, thence along the West line of said SW 1/4 of Section 20 S.00°06'18"E., 328.95 feet, thence N.40°41'52"E., 61.22 feet to the true point of beginning, thence N.40°41'52"E., 2.0.45 feet to the Southerly right-of-way line of U.S. Route 40, thence along said right -of: -way line S.49018108"E., 509.20 feet to a point of curvature, thence S.44053'42"lq., 237.22 feet, thence S.89°53'42"W.,. 231.07 feet to a point on the Easterly right-of-way line of County Road No. 72, thence along said right-of-way line N.00°06'18"ta., 48.5.00 feet, to the true point of beginning, containing 2.705 acres, more or less. LE Tract B: Commencing at the -West 1/4 corner of said Section 20, thence along the West line of said,.SW 1/4,of- Section 20., S.00°06'18"E., 978.95 feet, thence N.89°53'42"E., 40.00 feet to the Easterly right-of-way line of County Road No. 72, being the true point of beginning, ` thence along the said right-of-way line N.00°06'18"W., 211.33 feet, thence N.89°5.3'42"E., 231.07 feet, thencc'N.44053'4V'E., 237.22 feet to the Southerly right-of-way line of U.S. Route 40, also being the point of curvature, thence_ Easterly along said .� right-of-way line on.a curve to the left having an arch length of 142.13 feet, a radius of 2083.70 feet-, whose chord bears S.48022102"E., 142.10 feet, thence S.32°53'42"W., 32.76 feet, thence S.00006'18"E., 252.00 feet to a point of curvature, thence along a curve to the right, staving an arch length of 62.-83 feet, a radius of 40.00 feet whose chord bears"S.44053'42"I4., 56.57 feet to the' point of tangency, thence S.89°53'42"5l., 157.50 feet to a point of curvature, thence along a curve to the right having an arch length of 46.93 feet, a radius of 59.75 feet, whose chord bears N.67036'18"W., 45.73 feet to a point of reverse curve, thence along a curve to the left, having an arch length of 46.93 feet", a radius of 59.75 feet, whose chord beans N.67°36'18"W., 45.73 feet to the point of tangency, thence S.89053'42"w., 205.00 feet to the true point of beginning, containing 3.137 acres, more or less. Tract C: Beginning at the Southwest corner of Parcel C whence the West 1/4 corner of said Section 20 Dears N.29124'34"W.,.1076.73 feet, thence N.00006'18"W., 217.00 feet thence N.32053'42"E., 32.76 feet to the said Southerly right-of-way line of U.S. Route 40, thence along said right-of-way line on a curve to the left having an arch length of 366.99 feet, a radius of 2083.70 feet, whose chord bears. S.55°21'54"E., 366.51 feet, thence S.33°53'42"W., 42.96 feet, thence S.89°53'42"W., 295.00 feet to the true point of beginning, containing 1.008 acres, more or les7,. - 7a - TRACT D Commencing at the West 1/4 corner of said Section 20, thence along the West line of the said SW 1/A of Section 20, S 00 06'18" E, 978.95 Feet, thence N 89053'.42" E, 40.00 Feet to the Easterly right-of-way line of County Road Numbe6 72, also being- the true point of beginning, thence N 89 53'42" E, 205.00 Feet to a point of curvature, thence along a curve to the right, having an arch length._ of 46.093 feet, a. ve radius of 59.75 feet, whose chord_ bears S" 67 36'18" E, 45.73 feet to a point of reverse cur, thence along a curve to the left having arch length of 46.93 feet, a radius of 59.75 feet, whose chord bears S f7°36'18" E, 45.73 feet to a point of tangency, thence N 89 53'42" EE, 157.50 feet to. a point of curvature, thence along a curve to the left having an arch length oS 62.83 feet, a radius of 40.00 feet, whose chord bears N 44 ;3'42" E, 56.57 feet to a point of tangency, thence N �00 06'18" W, 35.00 feet, thence N 89 53'42" E, 295.00 feet, thence N 33°53'42" E, 42.96 feet to the said Southerly right-of-way line of U.S. Route i 40, thence on a curve to the left .having an. arch length of 31�.15 feet, a radius of 2083.70 feet, -whose chord bears S 64 44'34" E, 314.85 feet to a point of tangency, thence continuing along the said. right-of-way line S 66 41-08-1 `E, 715.70 feet, thence S 89047'25" W, 470.56 feet to the SE corner, NW1/4, SW 1/4, said Section 20, thence along the South line of the said NW 1/4, SW 1/4, Section 20, S 89 47'26" W, 1,276.72 feet to the said Easterly right-of-way line o of County Road 72, thence along. said right-of-way N 00 06'18" W, 346.91 feet to the true point of beginning, containing 10.936 acres, more or less. - 7b - Section 2. The proposed improvements to be constructed and installed within the District, as a result of the changes in the boundary description and the construction of a new road, shall be as follows, subject to the amendment of Ordinance No. 111 - to be considered at a later date: PROJECT DESCRIPTIONS A-1 Roads - County Road 72 Construct CR 72 from Hwy 40 south to D & RGW Railroad underpass. Work includes excavation, embankment, grading, culverts, gravel surfacing, and necessary incidentals. A-2 Roads - No Name Road Construct No Name Road through Parcel 'C' from CR 72-to southwest corner of Tract 'C'. Work includes excavation, embankment, grading, gravel surfacing, and necessary inci- dentals. B-1 Sewers - Basic System Construct sewer main extension from existing manhole 0-18, under U.S. Highway 40, along Elk Creek to MH 0-24:and thence along Elk Creek Drive to MH 0"24-1 at CR 72. Work includes installation of sewer line and manholes, connection to existing manhole, crossing of U.S. Hwy 40, crossings of Elk Creek and -necessary incidentals. B-2 Sewers - Southern Extension Construct sewer main from MH 0-24, generally along Elk Creek and Doc Suzie Avenue, to MH 0-28 at CR 72. Work includes installation of sewer line and manholes and necessary inci- dentals. C Water System Construct water mains from existing main north of U.S. Hwy 40, crossing under Highway 40, generally along Elk Creek to Elk Creek Drive, thence along Elk Creek Drive and County Road 72 to iptersection with Doc Suzie Avenue and thence westerly for 270L along Doc Suzie Avenue. Work includes installation of water mains and appurtenances, crossing of U.S. Hwy 40, cross- ings of Elk Creek, fire hydrants, and necessary incidentals. D. Underdrain System Construct underdrain sysstem from outlet along Elk Creek southerly along Elk Creek to Doc Suzie Avenue. Work includes installation of drain line, manholes, outlet box, and necessary incidentals. - 9 - Section 3. Based on the proposed change in boundary description and in the improvements to be constructed and in- stalled, the estimate of cost of the project is as follows: =110M BOND ISSUE COST -ESTIMATE Project A-1 Roads - CR 72 A-2 Roads - No Name B-1 Sewer - to CR 72 Constr. Subtotal General Total Cost Constr. Special Costs Cost Contingency ROW Proj Costs 71,939 10,080 ----- 82,019 45,136 127,155 (24.93%) 14,280 2,140 ----- 16,420 9,035 25,455 75,250 3,750 B-2.Sewer - to MH 0-26 17,980 2,700 C Water System 82,984 .6,650 D Underdrain System 31,475 4,720 TOTALS $293,908 $30,040 ( 4.99%) 3,000 82,000 45,136 127,136 (24.93%) ----- 20,680 11,388 32,068 ( 6.29%) 2,000 91,634 50,441 142,075 (27.86%) ---- 36,195 19,916 56,111 (11.00%) $ 51000 $328,948 $181,052 $510,000 (100.00%) Section 4. All real property to be assessed for the cost of the street, drainage, water and sewer improvements shall be assessed on a per acre basis. Based on the change in the proposed improvements described in Section 3 above, the allocation of cost for each Block or Parcel, together with the estimated unit cost, is set forth below. All cost estimates exclude six per cent (6%) for inspection, collection, incidentals and interest as provided by law. Except for the construction and installation of the new road, it is anticipated that the amount to be assessed will not result in an assessment against any specific lot or tract greater than that which would have been assessed according to the method and estimated unit cost described in Section 4 of Ordinance No. 111. The following summary of assessments and the proposed improvements are described in more detail in the engineering plans and specifications on file in the office of the Town Clerk: - 12 - ASSESSMENT BASIS Project A-1 - CR 72 Parcel A, Block 2 3 Parcel B, Block 1 2 Parcel C, Tract A B C D Project A-2 - No Name Road Parcel C, Tract A B C D Project B-1 - Main Sewer System Parcel A, Block 2 3 Parcel B, Block 1 2 Parcel C, Tract A B C D Project B-2 - South Extension Parcel A, Block 3 Parcel B, Block 1 2 - 13 - 4.499a 13.88% 4.198a 12.96 4.076a 12.58 1.743a 5.38 2.785a 8.60 3.137a 9.68 1.008a 3.11 10.956a 33.81 32.402a 100.00% 2.785a 15.57% 3.137a 17.54 1.008a 5.64 10.956a 61.25 17•.886° 100.00% 4.499a 13.88% 4.198a 12.96 4.076a 12.58 1.743a 5.38 2.785a 8.60 3.137a 9.68 1.00Ba 3.11 10.956a 33.81 32.402a 100.00% 4.198a 41.91% 4.076a 40.69 1.743a 17.40 10.017a 100.00% Project C — Water System Parcel A, Block 2 4.499a 13.88% 3 4.198a 12.96 Parcel B, Block 1 4.076a 12.58 2 1.743a 5.38 Parcel C, Tract A 2.785a 8.60 B 3.137a 9.68 C 1.008a 3.11 D 10.956a 33.81 32.402a 100.00% Project D — Underdrain System Parcel A, Block 2 4.499a 30.99% 3 4.190 28.92 Parcel 8, Block 1 4.076a 28.08 2 1.743a 12.01 14.516a 100.00% — 14 — 'roject Description A-1 Roads - CR 72 A-2 Roads - No Name 8=1 Sewer - Main Ext B-2 Sewer - South Ext C Water System D Underdrain System TOTALS ASSESSMENT SCHEDULE PARCEL 'A' PARCEL 'B' Blk 2 Blk 3 Blk 1 Blk 2 $ 17,649 $ 16,479 $ 15,996 $ 6,841 (13.88%) (12.96%) (12.58%) ( 5.38%) ------ ------ ------ ------ $ 17,646 $ 16,477 (13.88%) (12.96%) ----- $ 13,440 ----- (41.91%) $ 19,720 $ 18,413 (13.88%) (12.96%) $ 17,389 $ 16,227 (30.99%) (28.92%) $ 72,404 $ 81,036 $ 15,994 $ 6,840 (12.58%) ( 5.38%) $ 13,048 $ 5,580 . (40.69%) (17.40%) $ 17,873 $ 7,644 (12.58%) ( 5.38%) $ 15,756 $ 6,739 (28.08%) (12.01%) $ 78,667 $ 33,644 PARCEL 'C' Tract A. Tract B Tract C Tract D TOTAL $ 10,935 . $. 12,309 $ 3,955 . $, 42,991 :..$127,155 ( 8.60%) l 9.68%) ( 3.11%) (33.81%) $ 3,963 $ 4,465 $ 1,436 $ 15,591 $ 25;455 (15.57%) (17.54%) ( 5.64%) $61.25%) $ 10,934 $ 12,307 $ 3,954 $ 42,984 $127,136 ( 8.60%) ( 9.68%) ( 3.11%) (33.81%) ----- ----- ----- $ 32,068 Ln $ 12,218 $ 13,753 $ 4,418 $ 48,036 $142,075 ( 8.60%) ( 9.68%) ( 3.11%) (33.81%) $ 56,111 $ 38,050 $ 42,834 $ 13,763 $149,602 $510,000 Section 5. Prior to the consideration of an ordinance amending Ordinance No. 111, notice of the change in boundary, the list of improvements, and the change in proposed assessments, shall be given by publication in one issue of the Granby Sky Hi News, at least 20 days prior to the hearing date, and a copy mailed to each property owner included in the District. This Resolution shall constitute the notice of hearing. The hearing on the changes set forth herein shall be at the regular meeting of the Board on Wednesday, November 2, 1983. It is anticipated that the Board will further consider an ordinance amending Ordinance No. 111 creating the District at the same meeting. Section 6. Should any one or more sections or provi- sions of this Resolution be judicially determined invalid or unenforceable, such determination shall not affect, impair or invalidate the remaining provisions hereof, the intention being that the various provisions hereof are severable. ADOPTED AND APPROVED This 5th day of October, 1983. ( S E A L ) ATTESTED: Town Clerk - 16 - August 11, 1983 The Title & Abstract Company P. 0. Box 415 Winter Park, Colorado 80482 Re: Tracts A, B and C, A MINOR, RESUBDIVIS30N OF PARCEL C OF FOREST MEADOWS SOLAR COMMUNITY, Grand County, Colorado; Your Order No. 1063-C. Gentlemen: The Town of Fraser, Colorado, hereby deposits with you the following documents: (1) Note made payable to the Board of Trustees of the Town of Fraser, Colorado, in the amount of $320,959.00, and executed by James H. Gibson and Donald N. Drake on October 6, 1982. (2) Deed of Trust from James H. Gibson and Donald N. Drake to the Public Trustee of Grand County for the use of the Board of Trustess of the Town of Fraser, Colorado, securing the Note identified above, dated October 6, 1983, and recorded December 1, 1982, in Book 319 at Page 611. (3) Request for pa-p-a l Release of tp abwve r the Deed of Trust identified in Item No. 2 above, and executed by Richard A. Leonard, Mayor for the Town of Fraser, Colorado. (4 ) Certified copy of Resolution No . / 983-'*>-z , Series of 1983, and adopted by the Board of Trustees of the Town of Fraser, Colorado, on Tu/V. /g 1983. At such time as you have received the sum of $248,625.43 and an irrevoc- able Letter of Credit in favor of the Town of Fraser, Colorado, in the amount of $40,000.00, and you are forwarding the same to said Town, you are authorized and instructed to record Item No. 4 above in the office of the Clerk and Recorder for Grand County, Colorado, and to process Items No. 1, 2 and 3 above with the Public Trustee of Grand County in order to effect a release of +4+e r--e�pe-�e.�ert �rEed-�l�o p f rn h�� ; ,T the Deed of Trust identified above. All documents are to be returned to the undersigned after such recording and processing. If, however, you have not received the sum of $248,625.43 and an irrevoc- able Letter of Credit as contemplated above, on or before August 19, 1983, you are authorized and instructed to return Items No. 1, 2, 3 and 4 above to the undersigned, all without recordation in the office of the Clerk and Recorder and without processing with the Public Trustee. `P"C�'cE"PT 2-7Z-AfX fib Bo v, { 7-0 �gcco,�,a�,rrcc wl TiY 7-h< is .C� rTFe O /,vs7Wac- T1ao* , 7".A,( /s // ?t4 ZtY aP ,,VGvsl; /983, 7%:E" Ti T"GGcP��r/��eT Cotes ,dY r ne•Title & Abstract Company 'joust i1, 1983 aae Two The Letter of Credit identified above shall be issued by the Bank of Winter Park, and shall conform to the form of the Letter of Credit attached hereto as Exhibit "A". THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY l ,e., a Richard A. Leonard, Mayor ...... .1• 1. .. .___ _'J� ... �.... v... .._. �, ._. .l.l _V _ _JL. L: .'.. - _l_.:._ -.'J �� - t�l.:.{ .i. ....L ..�L�.. w. L�.,l- la;'�,.'-.,f Alt - •__�.� .._:... ....� •._i:�.. �.,_ .:ii,::�:___ ....,. .':1i'll�. ...�.:_U= ;.�...!_ 1. a_l. _.. _.__._L... �.. �. �I:... Li i::.•ll:u� :li: .. _..c..jl .::i .. ._..__.. Li.. ....v:i:, - ... .: _.___..�._ S L. C. Uj ...,ll ...��_t_ .__ _:L'S U r bank of Iwinter park July 22, 1983 Town of Fraser Fraser, Colorado 80442 EXHIBIT "A" TO LETTER FROM THE BOARD OF TRU_ cS OF THE TOWN OF FRASER, COLORADO, TO THE TITLE & ABSTRACT COMPANY, AND DATED AUGUST 11, 1983 p.o. box 123 • winter park, Colorado 80482 • (303) 726-5531 RE: Letter of Credit #15/83 - Forest Meadows Joint Venture Gentlemen: We hereby establish an irrevocable and unconditional Letter of Credit in your favor for the account of Forest Meadows Joint Venture (Donald N. Drake and James H. Gibson), for a sum or sums not exceeding $40,000.00 available to you by your draft on us at sight. The amount of the draft is due for the public improvements in relation to the Subdivision Improvement Agreement between Donald N. Drake and James H. Gibson, as owners and the Town of Fraser by its Board of Directors, relating to a minor subdivision of Parcel C of Forest Meadows Solar Community dated October 6, 1982, recorded July 13, 1983 in Book 332 at Page 7, under the terms of the Letter of Credit executed by the Bank of Winter Park to you on the 22nd day of July, 1983. Partial drawings are permitted, but the combined draws by you cannot exceed the amount of the Letter of Credit. This Letter of Credit cannot be drawn before January 15,.1984 and shall terminate upon the 15th day of August, 1984. All drafts drawn hereunder must be marked "Drawn under the Bank of Winter Park, IRREVOCABLE LETTER #15/83, dated July 22, 1983". We hereby agree with the drawers, endorsers, and bona fide holders of drafts drawn under and in compliance with the terms of the Letter of Credit that the same shall be duly honored if presented to us before the termination hereof as above provided. The amount of each such draw shall be inscribed on the back hereof, and this Letter of Credit must itself be attached to any draft which exhausts the full amount of the credit set forth in the first paragraph above. Very truly yours, Larry S. Chance Executive Vice President Chief Executive Officer LSC/mc