HomeMy Public PortalAboutResolution 2017-05-02 Authorizing Out of Town Services Byers Peak Properties TOWN OF FRASER
RESOLUTION 2017-05-02
A RESOLUTION AUTHORIZING THE MAYOR AND TOWN CLERK TO EXECUTE AN OUT OF
TOWN SERVICE AGREEMENT WITH BYERS PEAK PROPERTIES
BE IT HEREBY RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER,
COLORADO THAT:
1. The Mayor and Town Clerk is hereby authorized to execute the attached out of town service
agreement subject to the following:
a. Town Attorney approval
b. In regards to the dedication of Planning Area 6W, the Board of Trustees finds and
determines that such conveyance is a division which creates parcels for community
facilities and may be approved via separate resolution and an exemption plat is not
needed.
c. The Out of Town Service Agreement must be executed with in ten days or this
Resolution will be null and void.
READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS
. ) DAY OF 2017.
Votes in favor: 14 BOARD TRUSTEES OF THE
Votes opposed: a TOW FRASER, COLORADO
Absent:
Abstained: BY:
May r
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Town C erk
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TOWN OF FRASER
WATER& WASTEWATER SERVICE AGREEMENT
BYERS PEAK PROPERTIES,LLC; BYERS PEAK DOWNHILL PROPERTIES,LLC;
C. CLARK LIPSCOMB and MEREDITH C. LIPSCOMB
The parties to this Water and Wastewater Service Agreement (this "Agreement")
are the TOWN OF FRASER, COLORADO, a municipal corporation of the State of
Colorado ("Fraser" or "Town"), and BYERS PEAK PROPERTIES, LLC, a Colorado
limited liability company, BYERS PEAK DOWNHILL PROPERTIES, LLC, a Colorado
limited liability company, and C. CLARK LIPSCOMB and MEREDITH C. LIPSCOMB
(collectively "Developer").
RECITALS
A. Fraser is a municipal corporation existing under the laws of the State of
Colorado. Developer is comprised of two limited liability companies organized
and existing under the laws of the State of Colorado and two individuals;
B. Developer owns property it intends to develop, referred generally as Byers Peak Ranch
and the Lipscomb property, more specifically described in Exhibit A (referred to herein
as "the Property"). Developer intends to develop 1,233 Single Family Equivalent units
("SFE")for the Property,which is located outside the Town's current boundaries; and
C. The Town is authorized to provide water and wastewater service outside the Town's
corporate boundaries pursuant to Colorado law, C.R.S.§ 31-35-402 (2013), C.R.S. § 31-
35-512 (2013), and the Town currently provides out-of-town water and wastewater
service; and
D. The Fraser Board of Trustees has had the opportunity to review with Town Staff and
legal counsel the proposed extension of water and wastewater services to the Property,
and the Board finds that this Agreement with Developer for out-of-town water and
wastewater service is in the best interest of the Town; and
E. Developer plans to develop the Property in several phases, by recording of successive
final plats, and this Agreement will apply to the extension of all water and wastewater
service to such approved plats; and
F. The water and wastewater service for the Property will require the design, planning,
permitting, construction, and installation of water and wastewater lines to be built at
Developer's cost to connect the Property to Fraser's water and wastewater infrastructure;
and
G. The Town agrees to provide Developer water and wastewater utility service pursuant to
the terms of the Fraser Municipal Code ("Code") and pursuant to the terms and
conditions specifically outlined in this agreement; and
Out-of-Town Water Service Agreement
Town of Fraser and Byers Peak Properties,et al.
Page 2 of 12
H. This Agreement shall become effective upon adoption of a Resolution by the Fraser
Board of Trustees approving its execution and upon execution hereof by the appropriate
Fraser official and by authorized agents of the Developer. The date of the latest of such
conditions to occur is referred to as the "Effective Date".
NOW THEREFORE, for and in consideration of the premises, mutual promises and covenants
herein contained, and for the other consideration offered and accepted, the receipt and adequacy
of which is hereby acknowledged,the Town and Developer agree as follows:
POTABLE WATER SERVICE
1. Water Service. Upon approval of this Agreement, the Town agrees to provide treated
municipal water service to Developer for its approved final plat developments on the Property
subject to the conditions set forth in this Agreement, the Code, and all other applicable laws,
rules and regulations under local, state and federal law. While the Developer anticipates
planning multiple phases, in total the final development will not exceed 1,233 SFE. Unless
otherwise approved by Fraser in writing, and under cost recovery provisions noted below, such
water service shall be limited to use by Developer on the Property.
a. Demand Limit and Town Capacity. The Town agrees to provide Developer sufficient
water per SFE, to meet Developer's water demands for up to 1,233 SFEs, as such supply
is described by the Code. Fraser's Water Rights are reasonably adequate to support
the potable municipal water service for existing town users, future development
and the SFEs on the Property, subject to terms and conditions set forth herein.
Except as otherwise provided herein, Fraser shall be responsible for all
applicable implementation, operation and accounting requirements necessary to
serve the Property with sufficient water as provided by the Code.
2. Water Plant Investment Fees. Developer and other future owners of the Property shall pay
Fraser's water plant investment fees at a rate equal to the in-town water plant investment fee rate
charged by Fraser for in-town property owners and governed by the Code at the time of
connection. The water plant investment fee shall be paid in full per SFE prior to the issuance of
a building permit by the County. Each water plant investment fee must be paid in full prior to
Fraser delivering water to the SFE at issue. The Developer agrees that its County approvals shall
include a requirement that a landowner demonstrate a paid Plant Investment Fee in Fraser prior
to the County accepting a landowner's building permit application for County review unless the
landowner has an alternative means of providing water service for the building permit in
question in accordance with Section 9 hereof.
3. Water Service Fees. Developer and other future owners of the Property shall pay Fraser's
water service fees at a rate equal to 1.1 times the in-town water service fee rate charged generally
by Fraser on a quarterly or other periodic basis and governed by the Code. If water service fees
are not timely paid, Developer agrees that Fraser may use any means under its Code or other
state or local law, including discontinuing service to the individual connection, to enforce timely
payments. Without limiting the generality of the foregoing, Fraser shall have the right to certify
Out-of-Town Water Service Agreement
Town of Fraser and Byers Peak Properties,et al.
Page 3 of 12
delinquent service fees and related charges to the County Treasurer for collection in the same
manner as taxes, pursuant to C.R.S. 31-20-105. Developer agrees to include such details in any
property owner association covenants.
4. Raw Water Irrigation. Developer may install, at Developer's sole cost and expense, a
non-potable irrigation system to irrigate all areas on the Property. No Fraser water or water
connections shall be used for such raw water irrigation. However,water supply for fire hydrants
and public drinking fountains may be made in compliance with the Code. Irrigation with
Fraser's potable water shall be limited as required under the Code, and this restriction shall be
noted by Developer in any property owner association covenants.
5. Future Water Right Cases. The Developer agrees not to oppose any water rights
application filed by Fraser for the purpose of findings of reasonable diligence, making absolute
Fraser's conditional water rights inventory. In addition, Fraser agrees that it will not file
opposition to future diligence cases or cases to make conditional water rights absolute for
conditional water rights owned by Developer. Developer shall not pursue an independent water
system except as provided in Section 9,below.
WASTEWATER SERVICE
6. Wastewater Service. Upon approval of this Agreement, Fraser will provide
municipal wastewater/sanitary sewer service to the Property to serve final plats adopted
by Grand County, up to a maximum of 1,233 SFE, subject to the terms and conditions
set forth herein and the applicable provisions of the Code.
7. Wastewater Plant Investment Fees. Developer and other future owners of the Property
shall pay Fraser's sanitary sewer plant investment fees (also referred to as wastewater plant
investment fees) at a rate equal to the in-town sanitary sewer plant investment fee rate charged
generally by Fraser and governed by the Code for in-town waste water users at the time of
connection. The wastewater plant investment fee shall be paid in full per SFE prior to the
issuance of a building permit by the County. Each wastewater plant investment fee must be paid
in full prior to Fraser connecting its sewer service to the SFE at issue. The Developer agrees that
its County approvals shall include a requirement that a landowner demonstrate a paid Plant
Investment Fee in Fraser prior to the County accepting a landowner's building permit application
for County review unless the landowner has an alternative means of providing sewer service for
the building permit in question in accordance with Section 9 hereof.
8. Wastewater Service Fees. Developer and other future owners of the Property shall pay
Fraser's sanitary sewer service fees (also referred to as wastewater service fees) at a rate equal to
1.1 times the in-town sanitary sewer service fee rate charged by Fraser on a quarterly or other
periodic basis and governed by the Code. If wastewater service fees are not timely paid,
Developer agrees that Fraser may use any means under its Code or other state or local law,
including discontinuing service to the individual connection, to enforce timely payments.
Without limiting the generality of the foregoing, Fraser shall have the right to certify delinquent
service fees and related charges to the County Treasurer for collection in the same manner as
i
Out-of-Town Water Service Agreement
Town of Fraser and Byers Peak Properties,et al.
Page 4 of 12
taxes, pursuant to C.R.S. 31-20-105. Developer agrees to include such details in any property
owner association covenants.
TERMS APPLICABLE TO BOTH WATER AND WASTEWATER SERVICE
9. Alternative Water and Sewer Service. Developer agrees that the Fraser water and
wastewater services to be provided under the terms of this Agreement will be utilized for all or
substantially all of the future development on the Property, provided that Developer may elect to
have certain large-lot development served by wells and septic systems, in accordance with Grand
County requirements,where it would be unfeasible or uneconomical to use Fraser's central water
and wastewater services. If any such large-lot development is proposed, Fraser will be provided
the proposed preliminary and final plats, including any plans for wells and septic systems, and
Fraser may consult with the Developer and Grand County regarding such plans, but Fraser shall
not oppose or withhold Fraser's approval of such plans unreasonably. It is further agreed that
nothing contained herein shall require Developer to discontinue use of any alternative water
and/or sewer facilities serving any part of the Property as of the effective date of this Agreement,
and Developer shall only develop the municipal and domestic water sources for which water
rights and approvals are being sought in Case Nos. 14CW3097 and 14CW3098 in the event
Fraser is unwilling, unable, or is in breach of its obligations to provide potable municipal water
service under Section 1, above.
10. Mill Levy Equivalent Surcharge. As provided in the Code, if Fraser subsequently imposes
a property tax mill levy for water and/or sewer improvements or operations, a surcharge shall be
added to the water and/or wastewater service fees payable pursuant to this Agreement to account
for such mill levy. The surcharge will be in an amount determined by the Fraser Board of
Trustees, and certified and communicated in writing to the Property Owners not less than 90
days prior to enacting such surcharge. Fraser agrees that such surcharge shall not exceed the
same or approximately the same amounts as a Fraser resident would pay if the Property was
subject to such mill levy and shall only apply to property being served by Fraser.
11. Fraser Plant Investment and Service Fee Allocations. Notwithstanding the foregoing,
Fraser may adjust the total combined water and sewer plant investment fee and/or service fees to
disproportionately allocate more of the fee to its water fund or sewer fund so long as the
aggregate fee of the combined water and sewer fees does not exceed the rates set forth above.
12. Review of Plans. Developer agrees that all subdivision plats and plans submitted to the
County for the Property shall also be submitted to Fraser for review and comment, as to water
and wastewater connections to the municipal systems. Developer agrees to reimburse Fraser for
all costs, including consultant fees, incurred for review of the design plans for water and
wastewater facilities submitted pursuant to Section 13 hereof, and for inspections of facilities
constructed pursuant to such plans and designs. Payment of such reimbursement shall be due
within thirty (30)days after billing by Fraser.
Out-of-Town Water Service Agreement
Town of Fraser and Byers Peak Properties,et al.
Page 5 of 12
13. Connection to Fraser's Water and Wastewater Facilities.
a. Design for Connection. Developer shall provide design and engineering information for
the water main line connections and/or wastewater main line connections and all related
facilities and easements to Fraser not less than 60 days prior to construction for Fraser's
approval by not later than the 60 day period, which shall not be unreasonably withheld,
provided that connections shall be made at locations that will minimize the immediate
and foreseeable costs to Fraser. Such designs and plans shall be in compliance with the
Grand County development approvals. The parties agree that all design and construction
shall also be in compliance with Town water and sanitary sewer standards and sizes and
installation requirements, as governed by the Code and Town regulations. Developer
shall be required to execute an improvement agreement in the form customarily used by
Fraser for subdivision development, with security as provided by the Code for the water
and sanitary sewer improvements on or before the final plat recording for any final plat.
Developer may commence construction of water lines and wastewater lines upon
approval of the construction plans by Fraser's engineer. There shall be no connection
made to Fraser's then existing system until the required easements for such lines are
secured and demonstrated to Fraser (and compliance with other terms of this Agreement
and requirements of the Code).
b. Connection Costs. Developer shall be solely responsible for all costs, materials, labor
and fees required to construct water main lines on and off the Property including, if
necessary to serve the demands of Developer, any upsizing to connect to Fraser's water
main lines, and for constructing wastewater main lines on and off the Property including,
if necessary to serve the demands of Developer, any upsizing to connect to Fraser's
wastewater main lines, including Town inspection charges. The Plant Investment Fees,
referenced above, constitute Fraser's revenue source for all other off-site water and
wastewater infrastructure that may be needed to provide water and wastewater service to
the Property, including but not limited to, additional capacity, wells, water treatment
plants,water storage, and water tanks.
c. On-Site Improvements; Inspections and Fees. Developer shall install all water and
wastewater main lines, service lines and stub-outs, meters and necessary improvements
and facilities upon the Property at its sole cost and expense, including provision of all
insurance, without any reimbursement from the Town. Such water and wastewater
service lines and connections, including water metering, shall be subject to all
requirements of the Code and other regulations generally applicable in Fraser, including
but not limited to required inspections and requirements for installation and testing of
backflow prevention devices.
d. Easements. All required easements for water and wastewater lines, both on-site and off-
site of the Property required to serve the Property shall be obtained by Developer, and
proof of such easements shall be provided to Fraser prior to connecting such lines to
Fraser's then existing system. Such easement agreements shall be in the customary and
Out-of-Town Water Service Agreement
Town of Fraser and Byers Peak Properties,et al.
Page 6 of 12
usual form required by Fraser for water and wastewater service lines and infrastructure,
and shall be obtained and finalized at Developer's sole cost.
e. Ownership. The requirements of the Code for preliminary acceptance by Fraser of any
water main lines, wastewater main lines, or other required improvements shall be met
prior to Fraser providing service to any of the lines or required improvements. Developer
shall convey all water and wastewater main lines, related infrastructure and easements as
required by the Code,upon approved preliminary acceptance of such lines.
i. Outside Connections. Developer agrees that it will not allow any water or wastewater
users, other than landowners within the approved County final plats for the Property,
to access any water or wastewater main lines, any water or wastewater improvements,
or service without written consent from the Town. If users that are outside of the
Property seek to connect to the lines, they will either be required to enter an out of
town service agreement with Fraser, or annex to the Town, with such option at
Fraser's sole election. To the extent the Town determines that other users may
connect to the Developer's water service or wastewater service lines,Developer is not
obligated to provide any additional easements and shall be entitled to cost recovery
based upon pro rata usage or some other equitable formula as agreed to by the parties,
in accordance with the provisions of Section 15 hereof.
14. Infrastructure Construction, Conveyance and Warranty. Developer agrees to conform
to the development standards in the applicable provisions of the Code with regard to
infrastructure construction and acceptance related to water and wastewater service. For
a period of one year after dedication and acceptance of all of the required improvements to the
Town, which approval shall not be unreasonably withheld, Developer shall warrant the
construction, installation and survivability of the required improvements to the standards
required by the Code. At Developer's sole cost and expense, Developer agrees to make all
needed and necessary repairs and replacements required for Code compliance, including but not
limited to, defective materials, design or workmanship, breach of contract, failure to abide by
approved plans or standards, but not associated with ordinary and normal wear and tear.
Developer agrees that notice of completion, all inspections and warranty notice timing shall be as
dictated by the Code and Fraser's regulations.
15. Developer is only responsible for costs associated with on-site water and wastewater main
lines that are reasonably required to service the Property. If Fraser requests that the water or
wastewater main lines be constructed by Developer with extensions or excess capacity to serve
property not within the Property, Fraser shall notify the Developer in writing. The parties shall
enter into a supplemental written agreement to confirm the details and the additional costs of the
proposed extension or excess capacity and the terms of reimbursement of the additional costs to
Developer by Fraser or the other property to be served. Fraser agrees it shall not extend lines
paid for by Developer to another property without such supplemental written agreement in place.
Developer shall be entitled to reimbursement for on-site water and wastewater infrastructure and
easements pursuant to such a supplemental agreement.
Out-of-Town Water Service Agreement
Town of Fraser and Byers Peak Properties,et al.
Page 7of12
16. Annexation, Termination. In the event all or any portion of the Property is subsequently
annexed to the Town,this Agreement shall be deemed terminated as to any annexed property and
such property shall thereafter be subject to the provisions of the Code with respect to the
provision of municipal water and sewer service, including the rates payable for such service.
17. No Guarantee of Quality, Quantity or Pressure. The Town's agreement to provide water
and wastewater service pursuant to this Agreement does not constitute a guarantee that such
service will be of a certain quality or that it will not be subject to periodic interruption due to
natural or other causes beyond Fraser's control. Fraser shall not be liable for any such conditions
affecting the water or wastewater service hereunder, except as provided by and to the extent
allowed under the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq. or any
successor statute.
18. Enforcement and Application of Town Code. Time is of the essence hereof. The parties
recognize and agree that the Town has the right to enforce its rules, policies, regulations, Code
provisions for the extension and use of Fraser's potable water and Fraser wastewater collection
and treatment for any units served by Fraser's potable water and Fraser's wastewater system.
Without limiting the foregoing, Developer agrees that the Town may also enforce any violation
of the Town's rules, policies, regulations, ordinances, or Code provisions relating to the water
and wastewater service and the terms of this Agreement by mandatory or prohibitory injunction
or specific performance as allowed by Colorado law. The Town agrees that Developer may
similarly enforce the terms of this Agreement as allowed by Colorado law. The parties agree
that no term hereof shall be materially amended, changed or frustrated by any subsequent change
in the Town Code.
19. Public Utility Status. The parties agree that for purposes of this out-of-town service, the
Town is not a public utility for water and wastewater service compelled to serve other properties,
or subject to review by Colorado's Public Utility Commission. To the extent allowed by law,
Developer agrees that neither it, nor its successors in interest or assigns shall at any time petition
the Colorado courts, the Board of County Commissioners of Grand County, the Town, or the
Public Utilities Commission or any other governmental entities to require service to any property
or to acquire jurisdiction over the water treatment and distribution systems or wastewater
collection and treatment systems of the Town.
20. No Waiver. Failure of a party hereto to exercise any right hereunder shall not be deemed
a waiver of any such right and shall not affect the right of such party to exercise at some future
time said right or any other right it may have hereunder.
21. Notices. All notices required to be given shall be deemed given upon deposit in the
United States mail, first class postage prepaid, properly addressed to the person or entity to
whom directed at the address shown herein, or at such other address as shall be given by notice
pursuant to this paragraph:
Town of Fraser: With copy to:
Fraser Town Manager Rodney R. McGowan,Esq.
Out-of-Town Water Service Agreement
Town of Fraser and Byers Peak Properties,et al.
Page 8 of 12
P.O.Box 370 Cazier&McGowan
153 Fraser Avenue P.O.Box 500
Fraser,CO 80442 Granby, CO 80446
rod@mcgowan-pc.com
Developer:
Byers Peak Properties,LLC With copy to:
Byers Peak Downhill Properties,LLC Kevin L. Patrick,Esq.
C. Clark Lipscomb&Meredith C. Lipscomb PatrickiMillerl Noto P.C.
P.O. Box 30 229 Midland Avenue
Winter Park, CO 80482 Basalt,CO 81621
Attn: Clark Lipscomb patrick@waterlaw.com
clark@cstoneholdings.com
22. Force Majeure. No party shall be held liable for a failure to perform hereunder due to
wars, strikes, acts of God, natural disasters, floods, drought or other similar occurrences outside
of the control of that party.
23. Severability. If any provision of this Agreement shall be or become invalid or
unenforceable, the remainder of the provisions of this Agreement shall not be affected thereby,
and each and every provision shall be enforceable to the fullest extent permitted by law.
24. Amendment. Except as expressly provided for herein to the contrary, this Water and
Wastewater Service Agreement may not be amended, except by subsequent written agreement of
the parties.
25. Indemnity. Developer shall indemnify and hold the Town harmless from any liability for
events or occurrences arising from the Town entering this Agreement and/or providing water or
wastewater service to Developer, except where such liability arises due to the negligence or
willful misconduct of the Town. To the extent permitted by law, the Town shall indemnify and
hold Developer harmless form any liability for events or occurrences arising from the Developer
entering this Agreement and/or providing water or wastewater service to the Property, except
where such liability arises due to the negligent or willful misconduct of the Developer. Nothing
contained herein, however, shall constitute or result in any waiver or diminishment of and
defense or limitation available to the Town under the Colorado Governmental Immunity Act or
other applicable law.
26. Attorney Fees. In the event of any litigation between the Town and Developer relating to
this Agreement, the court shall award to the prevailing party all reasonable costs incurred in
connection with such litigation, including attorney fees.
27. Subject to Annual Appropriation. This Agreement is not intended to create a debt or
other multiple-fiscal year financial obligation of Fraser, and any fmancial obligations of Fraser
hereunder are subject to annual appropriation in accordance with Article X, § 20 of the Colorado
Constitution and other Colorado law.
Out-of-Town Water Service Agreement
Town of Fraser and Byers Peak Properties,et al.
Page 9 of 12
28. Other Commitments.
a. Upon execution of this Agreement, Developer agrees to cause its affiliate,
Cornerstone Winter Park Holdings, LLC, to abandon and promptly (within 60
days) file a written withdrawal of its application with the Town for a permit to
construct a wastewater treatment plant on the property described as Lot 2, Meyer
Subdivision, and Cornerstone and Town shall direct their respective counsel to
file a Stipulation of Dismissal With Prejudice in Grand County district Court Case
No.2015 CV 30126,with each party to pay their own costs and attorney fees.
b. Within 60 days after execution of this Agreement, Developer shall cause its
affiliates, Cornerstone Winter Park Holdings, LLC and/or Grand Park
Development LLC, to execute and deliver to Fraser a good and sufficient special
warranty deed conveying a parcel containing approximately four 4 acres, known
as Planning Area 6W, as described in the Grand Park Planned Development
District Plan recorded on November 8, 2005 in the real property records of the
Clerk and Recorder of Grand County as Reception No.2005-012709, as amended,
and as provided in the Amended and Restated Annexation Agreement for the
Rendezvous Property, dated June 4, 2003 and recorded December 30, 2003 at
Reception No.2003-016733, as amended.
Failure of Developer to satisfy these commitments within the time allowed shall be grounds for
Fraser to terminate this Agreement,by written notice to Developer.
29. Contractual Obligations. Each of the Developer entities agrees to be jointly and severally
obligated under this Agreement to fulfill the responsibilities, obligations and provisions agreed
upon by Developer, including without limitation those provisions relating to default and the
remedies and cures associated with the same.
30. Assignment. This agreement shall not be assigned by Developer without the written
consent of Fraser, and Developer agrees that such consent may be withheld in the event Fraser
determines in its reasonable discretion that the proposed successor or assign does not have
financial capacity to perform the obligations of Developer herein.
31. Entire Agreement. This agreement constitutes the entire agreement between the parties
with respect hereto and supersedes all prior written and oral agreements and representations of
the parties.
32. Authorization. By executing this agreement, the parties acknowledge and represent to
one another that all procedures necessary to contract and execute this agreement have been
performed and that the person(s) signing for each party have been duly authorized to do so and to
bind said party to the terms and conditions hereof.
Out-of-Town Water Service Agreement
Town of Fraser and Byers Peak Properties,et al.
Page 10 of 12
33. Execution. This Agreement may be executed in multiple parts as originals or by email or
facsimile copies of executed originals; provided however, if executed and evidence of execution
is made by electronic copy,then an original shall be provided to the other party(ies)within seven
days of receipt of said electronic copy.
34. Recording; Binding Effect. This Agreement shall be recorded in the real property records
of the Clerk and Recorder of Grand County, Colorado, and shall constitute constructive notice of
this Agreement and all of its individual provisions. The provisions of this Agreement shall
constitute covenants and servitudes which shall burden and run with the land comprising the
Property and the burdens and benefits hereof shall bind and inure to the benefit of all estates and
interests in the Property and all assigns and successors in interest to the parties hereto; provided,
however, that the rights and remedies granted to the Developer hereunder shall be limited to the
Developer and its permitted assigns, and such rights and remedies shall not be available to any
future purchaser of a lot or parcel included in the Property that is provided water and/or
wastewater service hereunder.
IN WITNESS WHEREOF,the parties have set their hand and official seals the day and year first
above written.
TOWI�OF FRASER,COLORADO
By: 1p
hilip Vandernail, Mayor
153 Fraser Avenue
P.O. Box 370
Fraser, CO 81637
ATTEST:
Antoinette McVeigh, Town Cle
STATE OF COLORADO )
) SS.
COUNTY OF GRAND )
Subscribed and sworn to before me this ,3 day of YYVQ.44 , 2017, by
Philip Vandernail, as Mayor, and by Antoinette McVeigh, as Town Clerk ot the Town of Fraser,
Colorado.
Witness my hand and official seal. — — — — — — — - — — — —
My Commission expires: FthbA0221. ( ANTOINETTE MCVEIGH
Notary Public - State of Colorado 1
Notary ID 20174004888 1
My Commission Expires Feb 1, 2021
Notary Public
Out-of-Town Water Service Agreement
Town of Fraser and Byers Peak Properties,et al.
Page 11of12
BYE' : ' ` ' '+ 'ERTIES,LLC
''°
C. Clark Lipscomb,President
As Authorized Agent for and on behalf of
Byers Peak Pro s erties,LL/
BYERS ' •.' D• , 7 LL
PRO% ' ' E .'
_i
I/
C. Clark Lipsc. b, Preside•
As Author' - . Agent fo, and on behalf of
Byers P ak 'rope• -s C
snrV' LIPS • • :
l,(,JX LW Ljr 6AM
MEREDITH C. LIPSCO
STATE OF COLORADO )
) SS.
COUNTY OF GRAND )
ti,
Subscribed and sworn to before me thisao7 day of , 2017, by C.
Clark Lipscomb as authorized agent for and on behalf of Byers Peak P operties, LLC and Byers
Peak Downhill Properties, LLC.
Witness my hand and official seal.
My Commission expires:0.-/l- 24.e .
5:- ..e 7 /1 11e7 --e.
Notary Public
SUSAN J. KOENEKE ,'
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 22 54006413
• MY COMMISSION EWIRES FEBRUARY 16,2021
Out-of-Town Water Service Agreement
Town of Fraser and Byers Peak Properties,et al.
Page 12 of 12
STATE OF COLORADO )
) SS.
COUNTY OF GRAND )
Subscribed and sworn to before me this o?2N day of 2017, by C.
Clark Lipscomb and Meredith Lipscomb, individuals.
Witness my hand and official seal.
My Commission expires: dot-/4-2e t
c...dietc7---,7 /_,/tc -:)-- -e- -6. ---'
Notary Public
7
y SUSAN J. KOENEKE
\ NOTARY PUBLIC S
ti STATE OF COLORADO \
S NOTARY ID 2005.4006413
MY COMMISSION EXPIRES FEBRUARY 16,2021 ltil
Exhibit A
PROPERTY DESCRIPTION—BYERS PEAK RANCH
A parcel of land,being Government Lot 3, Government Lot 4 EXCEPT the Westerly 440
feet thereof,and a portion of the south 1/2 of Section 19, and the Ni/2NE 1/4 of Section
30, all in Township 1 South, Range 75 West of the 6th P.M.,Grand County, Colorado,
more particularly described as follows:
BEGINNING at the Southeast Corner of said Section 19 and the Northeast Corner of said
Section 30, a 3" iron pipe with a 3-1/4" brass cap stamped USGLO 1933;
Thence South 00°34'13" East along the easterly line of said Section 30 a distance of
1,317.29 feet to the North Sixteenth Corner of Section 29 and said Section 30,
whence a leaning 2" iron pipe 1 foot above ground with a 2-1/4" brass cap stamped
"LS# 12479" bears North 31°28'41"East 0.51 feet,also whence the East Quarter
Corner of said Section 30,a found 2-1/4" brass cap stamped "USGLO 1933"bears
South 00°34'13" East a distance of 1,317.29 feet;
Thence North 89°55'10" West along the North Sixteenth line of said Section 30 a
distance of 2,629.96 feet to the North-Center Sixteenth Corner of said Section 30,
a set#5 re-bar with a 3-1/4" aluminum cap stamped "LS#24669",whence the
Center Quarter Corner of said Section 30, a found#6 aluminum rod with a 2-1/4"
brass cap stamped "DWD LS#16398,2001" bears South 00°56'13" East a
distance of 1,330.77 feet;
Thence North 00°56'13" West along the North-South Centerline of said Section 30 a
distance of 1,330.77 feet to the South Quarter Corner of said Section 19,a set#6
re-bar with a 3-1/4" aluminum cap stamped "LS#24669" re-established per
monument record sheet ties prepared by Thomas M. Carpenter, LS# 16398, dated
8/30/1996;
Thence South 89°22'12" West along the southerly line of said Section 19 a distance of
2,181.82 feet to a set#5 re-bar with a plastic cap stamped "LS 24669",whence a
1-W aluminum cap stamped "LS# 11415" bears North 52°17'06" East 1.63 feet,
also whence the Southwest Corner of said Section 19 bears South 89°22'12" West
a distance of 440.00 feet to a found 2"galvanized pipe with a 2-'A"brass cap
stamped "USGLO 1933";
Thence North 00°14'02" West a distance of 1,322.19 feet to a found 1-1/4" aluminum cap
stamped "LS# 11415";
Thence North 54°59'49" East a distance of 1,167.79 feet;
Thence North 00°09'11" West a distance of 684.98 feet to the northerly right of way line
of CR-73 as recorded in Book 95, Page 184;
Thence North 89°50'49" East along said right of way a distance of 1,296.54 feet to the
westerly Corporate Limit of the Town of Fraser;
Thence South 00°14'50" East along said Corporate Limit a distance of 29.94 feet;
Thence North 89°48'07" East along said East-West Centerline of Section 19 a distance of
1,303.12 feet to a set#5 re-bar with a plastic cap stamped "LS 24669" on the
westerly right of way line of the Union Pacific Railroad,whence the East Quarter
Corner of said Section 19, a found 2"pipe in concrete with a 2-'W aluminum cap,
bears North 89°48'07" East a distance of 1,266.48 feet;
Thence along said right of way the following three (3)courses:
1. South 14°40'05" East a distance of 989.32 feet to a point of curvature, a set
#5 re-bar with a plastic cap stamped "LS 24669";
1
Exhibit A
2. Along the arc of a curve to the left having a central angle of 59°21'29",a
radius of 816.78 feet and an arc length of 846.18 feet(chord bears South
44°20'50" East, 808.84 feet),a set#5 re-bar with a plastic cap stamped "LS
24669";
3. South 74°01'34" East a distance of 415.27 feet to a point on the easterly right
of way line of CR-72 as recorded in Book 105, Page 278;
Thence leaving said Union Pacific Railroad right of way South 04°38'38" West and along
said easterly right of way line of CR-72 a distance of 98.01 feet;
Thence North 89°38'52" West leaving said easterly right of way a distance of 40.11 feet
to the westerly right of way line of said CR-72;
Thence North 04°38'38" East along said westerly right of way line a distance of 97.13
feet to a point of non-tangent curvature on the southerly right of way line of
Fraser Valley Parkway(CR-721)as recorded in Book 450,Page 480;
Thence leaving said westerly right of way and along said southerly right of way and
along the arc of a curve to the right having a central angle of 49°28'57", a radius
of 244.97 feet, and an arc length of 211.56 feet(chord bears South 65°35'58"
West,205.05 feet);
Thence South 00°20'10" West leaving said southerly right of way a distance of 11.01
feet;
Thence North 89°38'52" West a distance of 618.10 feet;
Thence South 00°06'05" East a distance of 900.00 feet to a set#5 re-bar with a plastic cap
stamped "LS 24669",whence a found 2-W iron pipe bears North 25°31'29"
West a distance of 5.46 feet;
Thence South 89°37'46" East along the southerly line of said Section 19 a distance of
899.54 feet to the POINT OF BEGINNING.
Containing 12,868,892 square feet,or 295.429 acres,more or less.
PROPERTY DESCRIPTION —LIPSCOMB PROPERTY
A parcel of land,being a portion of the south %z of Section 19 in Township 1 South,
Range 75 West of the 6th P.M., Grand County, Colorado,more particularly described as
follows:
BEGINNING at the West Quarter corner of said Section 19;
Thence North 89°50'49"East along the East-West centerline of said Section 19 a
distance of 1,400.23 feet;
Thence South 00°09'11"East a distance of 654.98 feet;
Thence South 54°59'49" West a distance of 1,167.79 feet to a point on the South
Sixteenth line of said Section 19;
Thence South 89°36'54" West along said South Sixteenth line a distance of 440.00 feet
to the South Sixteenth corner of said Section 19;
Thence North 00°14'04" West along the westerly line of said Section 19 a distance of
1,324.08 feet to the POINT OF BEGINNING.
Containing 1,530,896 square feet or 35.145 acres, more or less.
2
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