Professional Documents
Culture Documents
WHEREAS, Steamboat 700, LLC, a Nevada limited liability company, owns four
parcels of real property identified in the records of the Routt County Clerk and Recorder
by Parcel ID Numbers 937012002, 937022002, 932354001, 932351002, consisting of
approximately five hundred and forty acres ("Steamboat 700 Property"), and
WHEREAS, WSN has submitted to the City Clerk a petition and annexation map
requesting that the City annex the WSN Property (the Petition"), a copy of which is
attached hereto as Exhibit "A", which has been executed on behalf of Steamboat 700,
LLC by MLF Consulting; and
WHEREAS, the managers of Steamboat 700, LLC appointed MLF Consulting as its
agent for the purpose of executing documents necessary, appropriate, or required in
connection with the annexation of the WSN Property by execution of a document titled
"Consent in Lieu of Special Meeting of Managers", a copy which is attached hereto as
Exhibit "B"; and
WHEREAS, the City Council on October 9, 2018 held a public hearing for the purpose
of reviewing the Petition for substantial compliance with the provisions of C.R.S. 31-12-
107 and adopted Resolution No. 2018-72, which determined that the Petition
substantially complies with the provisions ofC.R.S. 31-12-107(1) and set a hearing date
of November 13, 2018 for the purpose of determining whether the WSN Property is
eligible for annexation; and
WHEREAS, the City Clerk provided notice of the November 13, 2018 public hearing on
the proposed annexation, as required by Section 31-12-108(2), by publication once per
week for four successive weeks and by registered mail to the Clerk of the Board of
County Commissioners, the County Attorney, the Steamboat Springs RE-2 School
District, and the Steamboat Springs Area Fire Protection District; and
WHEREAS, the City Council on November 13,2018 conducted a public hearing and
adopted Resolution No. 2018-80, which determined that the WSN Property meets the
annexation eligibility requirements set forth in Article II, Section 30 of the Colorado
Constitution and C.R.S. 31-12-104 and -105 and that no election is required by C.R.S.
31-12-111; and
WHEREAS, the Steamboat Springs Planning Commission held a duly noticed public
hearing on November 15, 2018 and voted 6-1 to recommend approval of the annexation
petition to the City Council; and
WHEREAS, this ordinance was introduced on first reading on January 22, 2019 and the
City Clerk posted and published the first reading of this ordinance as provided by Section
7.6(d) of the City of Steamboat Springs Home Rule Charter; and
WHEREAS, the City Council conducted a duly noticed public hearing on the second
reading of this ordinance on February 5, 2019 and hereby finds and determines that the
requirements for annexation established by the Colorado Municipal Annexation Act,
C.R.S. 31-12-101, et.seq,havebeenmetbythe adoption of the Substantial Compliance
and Eligibility Resolutions and the findings made therein and that the City may amiex the
WSN Property by adoption of this annexation ordinance; and
WHEREAS, the City Council further finds and determines that the requirements of
Section 725.B.2 of the CDC were satisfied on November 12, 2018 by the execution of an
annexation agreement between WSN and the City, and the subsequent amendment of that
agreement on February 5, 2019 ("Annexation Agreement"), a copy of which is attached
hereto as Exhibit "C"; and
WHEREAS, the City Council finds that the agreements between WSN and the
Steamboat Springs School District and WSN and the Yampa Valley Housing Authority
required by Sections 3.3 and 3.4 of the Annexation Agreement have been executed and
copies attached hereto as Exhibits D and E ; and
WHEREAS, the City Council further fmds and determines that the Petition satisfies the
criteria set forth in Section 725.C of the CDC for the reasons set forth in the Planning
Department staff report dated November 8, 2018;and
WHEREAS, with respect to the affordable housing provisions of the West of Steamboat
Springs Area Plan ("WSSAP"), the City Council finds that the terms of the Annexation
Agreement relating to workforce housing may satisfy, but are not guaranteed to satisfy,
the WSSAP goal of providing 20% of the project housing units at a price affordable to
families with incomes averaging 80% of the Area Median Income; and
WHEREAS, the City Council finds that the WSSAP provides for alternate means of
compliance with its affordable housing goals to fulfill the objectives of the affordable
housing provisions and that the workforce housing proposed in the Annexation
Agreement fulfills the objectives of the WS SAP affordable housing provisions by
addressing the broader housing needs identified in the 2016 Report and is therefore
consistent with the WSSAP affordable housing guidelines and requirements; and
WHEREAS, a settlement agreement relating to Routt County District Court Case No.
08CV13 ("Settlement Agreement") and a Shotfall Easement Agreement recorded in the
records of the Routt County Clerk and Recorder at Reception No. 679933, both entered
into by Steamboat 700 and the Routt County Rifle Club ("RCRC"), provide for the
cessation ofRCRC shooting operations and relinquish its condition use permit upon the
annexation of a portion of the Steamboat 700 Property, which includes the WSN
Property; and
WHEREAS, the City Council finds and determines that there is a public interest in the
continued operation of the RCRC for law enforcement training and for other public uses
and that it is and shall be the policy of the City of Steamboat Springs to decline to
approve any annexation of property that would result in the cessation ofRCRC
operations pursuant to the Settlement Agreement; and
WHEREAS, Steamboat 700 has provided a letter, a copy of which is attached as Exhibit
"F", acknowledging that the annexation of the WSN property will not trigger the
requirement under the Settlement Agreement or the Shotfall Easement that the RCRC
cease to use its property for shooting purposes and relinquish its condition use permit;
and
WHEREAS, the City Council finds that approval of this ordinance annexing the WSN
Property is necessary to the preservation of the public health, safety, and welfare.
SECTION 1. The WSN Property is hereby incorporated in and made a part of the City
of Steamboat Springs, Colorado, subject to the terms and conditions set forth in the
Ajmexation Agreement.
SECTION 2. The City Council hereby finds, determines, and declares that this
ordinance is necessary for the immediate preservation of the public health, safety, and
welfare.
SECTION 3. This ordinance is approved with the conditions set forth in the Annexation
Agreement, the Petition, and Section 3 of this ordinance, to each of which the owner of
.the WSN Property has given its written consent. No election is required.
SECTION 4. This ordinance shall take effect on the later to occur of the following
events:
a) The expiration of five (5) days after publication following final passage as
provided in Section 7.6(h) of the Steamboat Springs Home Rule Charter.
. b) Adoption by the City of the Regulating Plan and TND Zoning contemplated by
the Annexation Agreement.
c) WSN acquiring the WSN Property no later than November 12, 2019, acquiring
direct access thereto from US Highway 40 as shown on the Regulating Plan no
later than May 31, 2019, and executing and recording a document acknowledging
and ratifying the binding effect of the Annexation Agreement its successors and
assigns to the WSN Property.
d) WSN's execution and recording of the Development Agreement regarding the
Gateway Deed Restriction, Development Fee Deed of Trust, and Avigation
easements referred to in Sections 3.3, 3.7, 6.1(e), and 10(d) of the Annexation
Agreement, and setting forth the terms and conditions pursuant to which WSN
will conduct a lottery to allocate units subject to the Gateway Deed restriction,
within ten (10) days of WSN acquiring the WSN Property as provided in Section
4.4 of the Annexation Agreement.
e) WSN's execution and recording of the Real Estate Transfer Assessment Covenant
within ten (10) days ofWSN acquu'ing the WSN Property as provided in Section
4.4 of the Annexation Agreement.
f) The expiration of thirty (30) days following final approval of this ordinance
without either the commencement of legal proceedings challenging the
effectiveness of this ordinance or the submission to the City Clerk of a
referendum petition on this ordinance. In the event of a legal challenge and/or
submission of a referendum petition, this ordinance shall not take effect until the
resolution of legal proceedings, rejection of the referendum petition, and/or
referendum election results ratifying annexation of the WSN Property.
g) The expiration or waiver of the rights to withdraw the Petition, if any, described
in Section 13.2 of the Annexation Agreement and Section 10 of the Petition, both
of which shall begin to run upon final approval of this ordinance by the City
Council.
SECTION 5. Within thirty (30) days after the effective date of this ordinance, the City
Clerk is hereby authorized and directed to:
^
a) File one copy of the annexation map with the original of the annexation ordinance
in the office of the City Clerk of the City of Steamboat Springs, Colorado.
b) File for recording three certified copies of the annexation ordinance and map of
the area annexed containing a legal description of such area with the Routt
County Clerk and Recorder.
SECTION 8. All ordmances heretofore passed and adopted by the City Council of the City
of Steamboat Sprmgs, Colorado, are hereby repealed to the extent that said ordinances, or
parts thereof, are in conflict herewith.
d. Tte Property is mtegrated. with or- is capable .of being integrated -with. t^e
City.
{0033133 LDOC:2}
14.180
g. NQ Efflrie^ation proceedi'ngg. liav^ been commenced for any portion of-the
Property proposed to bo annexed for th© annexation of such Propej.-fy to
ano&ei: municipality.
k. Prior to completion of the ar>n©<ation oftbte Proper^ the City will have in
place a plan for that area, whicli generaUy describes the proposed;
• Location:, character, and extent of streets, subways, bridges, -waterways^
waisjrfxontSi parkways, playgrounds, squares, parks^ aviation ^fields, oto
pu? ways, grounds, open spaces, public utilities^ and ternumls for
water, light, sanitation, transporfation, snd power to be provided by the
City; and th.^ p.ropo,sod land uses -for fhe area; suclrplaa to be updated &t
least once atiuually.
3. The owners of more tlum fifty percent of the area proposed to be annexed,
exclusive of dedicated streets and aUeys, have sigtied this petitiou and hereby petition for
amiexation of such Property,
4. Petitioner requests that the annexing jnunicipaHty approve the aunexEition of the
area proposed to be afxDexed.
5. Petitioner comprises more -than fifty percent (50%) of the landowners in fhe area
£o be annexed and owning more tlian fifty percent (50%) of Ae Property, excluding public
streets, and alleys ^id any land owned by the anrtexmg mumcipaBly, and flie Petitioner hereby
{00331331.DOC;2}
consents to the establishment of the bo'imdarie? of the Property as shown on the annexation plat
submitted herewMi,
6. The-legal description of the land owned by the Petitioner is set fcrfh on Exhibit B,
attached hereto and incorporated her^ui by this -reference. As more particularly described on
Exhibit. B, the land o'wned "by Petitioner constitutes one hundTed percent (100%) of the Property
witMn the uieaning of Section -107(l)(g) of the Axmexation Act
7, The ajEKdavit oftho oirculator offtus Petition cerfiiymg tliat each signatiu'e ou tJhis.
Petition is the signature offke p.er'son whose name it pmporfe to be and. ceifdlying file accmcy of
the date of sucji signature is attached Jiereto as Exhibit C and is incoiporated her&in by fhi^
reference..
(c) Wiftun -(3ie .anjGiexation boundary map, a showing of fhs loca-fiort of each
ownership ti'act. irft iinplatted land and, if "part or all of the ar^a;. is platted, the boundanes
and the plat numbers of plots or of lots aad blocks; and
(d) Next to the boundary of the Property, &. drawing o'f the contiguous
boimdary of the annexing mimioipaHty abuttmg the Property,
9. In' comeclto with the processing of this Petition, Petitioner .reque.sfs that the
City:
(a) Institute zoning for the Property as TND District m accordance with
Section "115 of the Amwxatm Act and Section 720 of the Community Development
Code, chapter 26, Steamboat Sprmgs Mmiicipal Code of the City; and
10- Petitioner has filed this Peiiticm subject to the followmg oonditlons:
(a) Concurrently with its approval of annexation of the Prop^ity, the City: (i)
approves for th.ose porfcions offlie Property wluch aie not public right-of-way zoning and
sybdmsion which is substantially consistent with the appUoatlons for zoning and
subdivision which Peiitioner submits in comiection with this Petition, and (ii) approves
and authorizGs execution of the Atmexation Agteement atid Regulatiug Plan.
{00331331. DOC:^
(b) Petitioner hereby reserves th.e sole., exclusive and umla-teral :dght to
withdxaw tins Petition 'by so notif^mg tlie City Clerk in •writmg at any pomt prior to "the
later to occi^r of; (i) forty- (40) days after the latest effective dat? oftlie'fmal ordmai2ce(s)
approving annexation .of the Property, th.e- Annexation Agreement and Regulating Plan,, or
zosiing of the Property as requested pursiigxit to this Petition; pr (ii) any later date
contemplated in such Amexation Agreem.enf and Regnlatmg Plan.
11. Upon tlie aiinexatioti of tlie -Property Ibecoming effective, and subject to the
conditions set forih m this Petition and to be set forth in the Annexation and 'Develppment
Agreement, th-e- Property shall become gubjeot to all ordinances, resoluti.ons, rules and
regulations of the City, except as otherwise set forth in the Atinexatibn and Development
Agreement, and except for general property taxes of the City, which sW[ beccmie effective on
January 1 of fhe next succeeding year followmg adoption of the axm-exatioxi ordinance.
12. This Petition is filed. on tlie condition that, conounently -wifh its, approval of
annexation of the Property, .(1) the City approve wm\g and subdiyision of the Property that is
•substEtfitially ccmstent •with the applications for zauing and subdivision approvals which
-Petitioner will subiait following the City mald&g the required finding' of this Pefltiori's
substantial, compliance vrith the reqiurements of the Amexatian. Act, and (ii) && Ci1y approve
and aiitbtorize exeoutm of the. Aatiexation and Development Agreement.
13. Except for the terms and conditions of this Petition and of the Amiexatiqn and
Development Agreement, which texms aad. conciitio&s Petitioner expressly approve and therefore
do not constitute an imposition ofadditioml terms and condi-tms within. thQ .nieanmg of'Section
-107(l)(g) of the Annexation Act, Petitioner request that no additional tons and conditions be
imposed upon annexation of the Property to the City.
{0033J33LDOC;^ 4 . 14.183
THEREFORE, Petitioner requests that the City Council of the City of.Steainboaf Sprmgs,
Cplorado, cottipl?te and approve &e annexation of the ?r6pei-ty pursuant to. the provisions of tlie
Annexation Act, as amended.
.Signature ofLan.dQwner/Petitioner;
By:. feLi [M
, Fin6, resident
STATE OF ^^V^A^
)ss>
COUNTY 0,F ^\ ^t r k—
tSe?WuG
fWff^^VADA
ffwnty ofcfitrtt
'^S^'' HAWMA R. KORN Notary Public
^ No. WWW ^yftf^^wiE^ffs Oct 15. WS My commission expires 10 / \£>l/Z^\^
lt4A<^M^^^^<MM*»<<***W4^Mra4^^1'M^7'^'.--' • '
{0033i331.DOC:2}
14.184
TO PETITION 10.R ANNJEXATION
PROPERIY DESCRIPTION
AKHEXATJONPAR6Ei.
BASIS OP BEARiMGS:
-THE WESrtlNSOFTHeMWl/'t SECTION 1.TOWH3HIP9NORTM^PA?£ 09 WEST OP THeerH'PRlriCIPALMeraOlAN.BHNG
MONU^^E^fr6D ON WG NORTH AND SOUTH EHOS 8YA4'1 BRASS WP STAMPet? U.S. GEWfWL iANO OFPiCB 1013. AMO BEARIHQ
NOaTWetWBASE[i W MAfta3(i(lil) U5 STATE PUUJR CiOLORAOO NORfll 3;OM56RtD MOfttH.
BEGIMWIQ ATTH& W? COPNER.aF 5AIO SECTIDM1.SAIP CORN ERSEINGACDRNeRO^THATpARCELOE'LAND SHgv/N ON
THR WEfft STEAMSOATANNEiC/moN fttAP PHASE t! AS RECOROED iWFlLK MO. 107S7 IN WG ROUrTCOUNrYRECOnDS;
THEMG5 KB&'Sa'SO'W.At.OMO THE SGWH LINE OP THR^EWHEtM Or SMDSEGTIOH2AND ALONG THE BOUMDWrOFSAIO
-V/6$T5-TEAMBOAT?MEXhTIOMMAp?^SEjr,AD?TANCieoF2BS.71FEeT;
THEMGeALOHGTHgARCOFAHOM.rANQBWCURVE TO TtiE RIGHT. HAVIMOARftGlUSOFSeO.OOFfier.A CENTRAL ANOLEW
HIO?'M\ANDAN^ROJ'.RKSW OF 17(1,01 FEB'.THeCtiORDOPWHICHBEAR&^'IO'fiawe.A&ISTAHCE OF 1S9.58FEETi
THEMCE Nl7'8S'.1d-e, A DfSTANC&OF' 129711 FEeT; ...
7WNCEA.OMG.THEARC-O^ANO?TAHSENr^URWTOTHERISHr)-IAViNGARADtUSOtr4SO.OC>.reET,AOEKTRAL,ANGLEOF
.f4*17^3',ANOAN.ARC LENGTH OF 371.00 F^Tt THE ^HORDOFUYWCH0EAR.5N3P'talSrW,AbI3TAWCEOFM1.S9(TEET!
THiSMCE W10°33'41-W. AO|SiT/lKCE'OF.-)73.8a fES'h
THEMCS ALOHQ THK ARC OF.ATANGgin' CURVE ro TH51.6Fr. HAVING A RADIUS WSWSQ Ffier, A CEHTRAL AMGLE'OF
1$Mfra7",At'f& AH WCiEhtSTH WQ3,W FEET, THE CHORO ? WHICH BgARSMWSe'itW ADISTAft.CB OP 03,35 FegT,r
TTHeMCE N27Tm'fla'V/< /\ DiSTONOg O'F 187,'}3 ?fSt;
THENCB^ON(STHeASC:"OPAtAWe^JtCUR?tpTOe.ft!SHTHAV]NQ'ARA6lUBOF118(S.torFE^A(;e^RAt,AM(3LE,OF
20C31'S2", AMt> AN ARC (:SNOTHOF43a.B3TFERT< THE WiSWl OF WHICH BEftRS M13"Q4'I2'W,At)?5T/WCE OF-120^8 FEET;
-nigMceNo.e'www.AfflsT/mcgoFmssffiet; . • . .
THENCE ALOHG'THS ARC OFATANeBW.CUWETO THE WGW 'HAVING ARWU3 OF 830,00 FSET. ACEMTRAL A?L^ OF
fl5'OCT4-',AN& AN ARff LENGTO 0^ fi2.71 FE£T, WE CHORD OF-WHICH BEARS H04^S%'('W.ADlSTANCg OF ffl.fSS FEET;
THgMCE N79<03'95-W. A DIST/iNCE OF ^ 5.W) FE&T;
THEHG^ N82'Oa'0%'W,,A DISTANCg OF 115.62 FEET;
THeNCEW$°32'12'W,At31STANCEOF'S3t.WF?T;
T«0<C6NW>3r22'E,ADieTA?EOF-i93^?F£ET;
TtiEHCEAlOHg THE ^tCOFAT/WSRMT CURVE TO THE RISKrHAVINGARADIUgOFSBO.tlOFEET.ACEHTRALAMQLEOJ?
^W'l^AW AN ARC'LENGW OP-t03.WFesr.THe CHORD OP WHICH BEAR? W'/^8'42%AD(STANOEOF^f)$,g2 FEET:
TtigMCE H3+l2S'(E"E. A OIS.TAMGS OK -}3£aS F£ET:
TOENCg A1.0HS THE ARG Op A rAyfiEtn- CURVE' TO WE l-KFT HftVING A RADIUS OF^yiflO FeET; A CEHTRAL ANGl^ OF
SSys'32't>AMO AM ARC LENGTH Op 713.4S F£gT. Tt-ig CHOftD OF WHICH BfiARS MOO'OZ'^S'E. A CISTAWCEOF B84JS3 FEST,
THgNOE HS2'20'A1'W/ A-DISTANOE OP 10?.tl4 f:EST;
THEMCEALOKC! THBARO DPATAHOEMT CURVE TO THE RiGHTHWIMiaARAOllJB OF 53[).()BF£ET,AC!E[^TRAL ANGLE OF
^6-0&<D2%ANOAHAR&teHmH,OF^gs.4g FEEr, THE CHORD OF.WWH-BEAR$M(?^4'OirftAOISWlfCEOF->!!)3.71?fit;
THEWCS WiWSi'E. A D(3rANCE OF i^95F£ET;
THeNC£ALOMGrHE?(;OFTANl3eWCyi'itVgTOmELeFThAVfNGARAO!U50F320.0DFEET,ACENT.RALAMGLE±OF10l'l5-l2-,
A?IOANAttC-t.eNGTHOF57.a4F£Er,THECHORDaFWHICHBeARSH17]30'SEi"6,ARIST/\MCEOPff.SGFEer;
-rneKcs? ^i.2^9'ig''e, AaisTAHce OFssfi.ssFEer;
THRNC5 S8ai-16'3Z"E. A DISTANCE OF9a2.53 FEETTTO APOfNT OH THE WgST UN6 DP THE SWl/.l OFSAID SECTION 36, SfllO
P01HTBBN6A POINT OH THE iiOUMO-ARY OF FjV£ FORrc $URQ|VIS10H AS RECQRDEO UHPER RECKP'nON KCi- 643Q33 AHD IH
FILK NO. 133SS fM TMR ROyTTCOUMT/RECORDS:
THENCE ALOM6 SAlOBOUNOARy OP FIVE F(>Rr/3UBDlVISrOM '(HS FOLLOWIHG FIVE (S) COURSgS:
1, SO-('13'3S"W,ALONaSAlDWgSTUNEOF1THB?W)/40FSECTIOMa5,ADISrAKCl£OF77fl.07fE6T;
2. S8S*03'<i3-£, A DISTANCE OP 1X73.72 FSBT TOA COfiNE^ OFTK/\TP^RCa OF LAUD DESCRIBED IN CITC OP STfiAMBOAT
SPRiMG? ORDINANOEANP TITI.EO W£STACfU3S PARTNERSHIP AMD JOHMSO^ EHTtFRPRtSES, REGORDEO W BOOK 677 AT
PAGE 774.AMD 3H&WH ONTHe WAYSIDE ANNEMTfONhiAP AS RECORDED ]HHLENO,H230WTHRROUTF COUNT/
RECORDS;
3, SWZySfW, ALONtSTHg eOUNDARY OF SA!0 PARCRL OP LAND OESCRIRSD (» Gfff W STEAMBOAT SPfiiNGSORDIhfANCE
AND TTTU:D WEST ACRES PARTWRSHIP /1ND JOHNSOM EMTEPPRISES, A Dl&TANCE OF &19,3g PEgTTOTHE ? CORM£R
OF LOT 4, SAID SECTION 1;
4. SO&f44102"E,COh(TtNUIHQALOMG3A1DeoUNOAW OF THATPARCEL OF LANK) DESCRIBED IMCfTY OF STEAMaOAT^RtNOS
ORDINANCE ANO TFaeD WESTACrtES PARTNERSHIP AND JOI'iMSOM 6lfTERPRISESiAWO ALONfi Tl-lK BOUHDARY OFSAID
WgSTSTRAMBOATANNEXftTON MAP PHASE Hi AND AlOt-SerHE EASTHNE OF SAID LOT '), SECTION 1. A D1STAHCE OF
^B.07 F'eerTo-THE SE wmm OF SAIO LOT ^ SECTIOH -t:
SaO'fHWe.ALONOTHEiBOUNRArirOFS^DWeSTSr&MaBaArANMgXAT'IOMMAPPHASeHAMO/U.ONGTHeEASTUNIiQF
THS SWM NW1/4 OF SAIO SECTIOH 1,A DlsTANGe OF -[3;!S.07 FEET TO THE SE (SOftHER OF 9AIO SW-tft MW1/-! OF SECTtON
ItSAID CORNER BBMO THE NORrHEASIfERLY OORHSR OFTHAT PARCEL OF LAND OSSCfilBED IH ClT/ OF STeAMBOAT
SPRINGS DROlWWCEAND TtTLEO BROWN, RRCOROEQ JN SOOK S77 AT PA(3g?r-1. AMD SflOWM ON THE WAYSIDE;
ANNEXATION MAP AS RECORDE& !M PILS MP. 1 mS fM THE ROUTT OOUNTT RECORDS;
{0033U31,DOC;2}
14.185
THEftC£ NGB°CM'31*W. Al.OHS THE SOUTH LINE OF-SAlD ?WJ/2( MWW •QF.SECTtON i MO.AWHQ THE NOHTHER1.Y BOUNDARY
OFSAIt) PARCEL OF IAMQ DESCRIBEGiy C}7Y OF STEAMBOAT SPftlMGS ORQINA^fieANa TlTt,ED BROWM. A DISTANCE OF B1.52
FEgrTOW^NOR.THWESTE^t.VCCiR?fl-OFSA(DPAKC;Et.OFl^JODESCH!EiEOIHC!TYCIFSreAMBOATSPftlNGSOFiOiNA?£
AN&TrrLEDSROWK;
THENCE S21a2&-m AU3HG THE WESTeRi,V BOUriDARY OF SAID PAR.CEl. QF(,AMQ D£SCRt8ED !H 0!TY OF$T£AMSO(\T
SPRINGS ORD1MAMGEANO TlTLEOBR&WHtA DlSTANCe OPSM.Sff FEgT TO THE SOUTHERLy CORNER OF SAfP SAID PARCEL Op
LAUD DESFR18EOJM GffY OF STEAMBOAT GPR)H<3S ORDINANCE AN&mteD BROWN;S,^|D CORMER SEIHGA CORNER OF $Ai&
WEST STEAMBOAT AMMEXA'FfC^MAP PHASE.ft;
THgNCE ALONQTMegOUMPARYO^ SAID WESTSTEAMSOATAMNeXATfOMMAP PHASE II THR FOLLOWING FOUR (4>C.OUR5ES;
1. M&rW'ffi'X A DISTAMCE OF 6&.QQ h-EfiT:
2. ?$'20'331V/, A DtSTAMCfi OF 471.SS ?eET; i
A. AL.Ol'tG THE ARC OF A TANGEMT CURVETO THE1EFT MAVIHO A RADIUg OF-' •l^l.Ofi peST. ACENTRAL AN6Lg.Oii:27*3S'OQ-,
AMOAH ARC LENGTH OF 58 &.24 Fg6T, THS CHORD OF WHICH BEARS N$7'25'16'W,A DISTANCE OF 58 3.54 PeET;
4. NOQ10r48"W, A D1&TANOG OF ^&.4S FEET TO THE PCW OF fi£cS]HNlMiS;
SVRVETORS jSTATeMEHT
t, ^EFFRY A, Oy&TAFSON,AU?MSEU SURVEYOR 1M THE STAT^ OF COLORADO, DO HEREBY STAT^THATTHE ABOVE
PROPERTY DESCRIPTIO.N AMD ATTACHED EXHIBIT W6RE PREPARED UMP£R MY RESPOKSIBIE CHARGS.ANQ OH THE BASIS OF
MY KNOmeOOEAND BELIE?. WE COtWEOT.
KXHIBiT
ANNEXATION PAftQEL
LOCATED W THE W1/2 SECTION ^ & IN SECTION 2,
T6N, R85W, 8TH P.M.AND IN THE E-t/2 SEGTtON 35 &
THE 5W-1M SECTIOM 36. T7H> R65W, 8TH P.M.;
couNn' OF Rourr, STATE OF COLDRADO
{00331331.000:2}
14.186
PUT OF LAWS
RecepnoNwi.'rosstn
CtLeNQ.m.ig
SeCTJOHOG
T7M.nSSW.6THP.M,
SECTION 35
T!H, ftfl5W. 6TH. p.ht>
MWCOfWt SECTION 1,
T5^,F!8SW,6THP,M.
RiiCOVEREQ V GfWS^ CAP
WWroUAGEMgfiAL CfTY OF STEAMBOAT SpR!Hi3S
,LAHPO?lfi5131?
"i AMNtSXATtOM OftDIMANCG
hOOKW.PAW^TA
WAYfiiOE :WM6XATIOHJHAP
F]LEMO-112Se
Fiyeposn
SUBtir/IQlON
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W.w/.landnu^MtM; B m CHECKED &Y; COUWr/ OF ROUTT. STATe OF COLORADO 01 -t Stoitt
{0033133 LDQC;2)
14.187
L^NE TABLE CURVE TABL£
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{0033U3LUOC;2)
14.188
EXHIBIT B
TO PMmONlORMNEXATJEON
(00331331.000:2} 10 14.189
EXHBITC
3P PETITION FOR ANNEXATION
The mdersignsd, being of lawful age, who being first duly sworn upon oath.
deposes and says;
That (s'jhe was the circulator of the foregomg Petition for Annexation of lands to
the City of Steamboat Springs^ Colorado, consistmg ojF 10 pages, excludmg the page(s) of
'this S^chibif C, and that. the signatures of the Petitioner tliereon we^e witnessed by the oirculator
arid are the fue and otigmal signatures of the persons whose names they purport to be., and that-
the dates of such- signatures, are ccm'eot.
Ciwulator
STATE OP J^Jto^Ld •}
COUNTY OF ^A^Y^T )
TJie foregoing AFFrDAVrr OI? CStCULATOR. was subscribed and sworn to before me
this ^M^ day of J^felK, S^lg .by jS^.i r<^^' A: ^^^ ^c^^- _.
Notary Public
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{00331331,000:2} II
14.190
WEST STEAMBOAT NHGHBORHOOD ANNEXATION TO THE
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NJ
Exhibit B to Ordinance
The undersigned, being all of the Managers of Steamboat 700, LLC, a Nevada limited
liability company (the "Company"), do hereby consent to the adoption of, and do hereby adopt,
the following resolutions and declare them to be in full force and effect as if they were adopted at
a regularly scheduled or special meeting of the managers of the Company:
NOW, THEREFORE, be it .
RESOLVED, that any act or acts of Agent, which acts would have been
authorized by the foregoing resolutions, except that such acts were taken prior to
the adoption of such resolutions, be, and they hereby are, severally ratified,
confirmed, approved and adopted in all respects as acts in the name and on behalf
of the Company.
This Consent in Lieu may be executed in multiple counterparts, each of which shall be deemed an
original, but all of which shall constitute one and the same instrument. Signatures to this Consent
in Lieu transmitted by e-mail ofPDF shall be valid and effective to bind the party, so signing).
The authorization granted to Agent by this Consent in Lieu is limited to the matters stated herein
and, unless ofher authorized. Agent shall have no further power or authority to act on behalf of
the Company.
14.193
[SIGNATURE PAGE TO STEAMBOAT 700, LLC
CONSENT IN LIEU OF SPECIAL-MEETING OF MANAGERS]
MANAGERS:
J?/&^A^ 7^^^
Daniel Mulcahy, successor tcy^QM Hollo Management
By_
James Zeiter, its manager
By:,
Michael Werner/its managing member
By:,
John U. Tlppins, IV, its member
By:_
Mark L. Fine, Trustee of the MGF Living Trust, its member
14.194
[SIGNATURE PAGE TO STEAMBOAT ?OD, L.LC
CONSENT IN" LIEU OF SPECIAL iS'IEETIMG OF ^IANAGERS.]
MANAGERS:
By:• _. ,
By. _
Michael Wemer, its maaagms iBeniber
Bv:
J61m-U. Tipping, W, its member
By;_
Mark L. Fine, Trusl'es of the MGF Uvmg TTUst. ^3 F^eirib£i-
14.195
[SIGNATURE PAGE TO STEAMBOAT 700, LLC
CONSENT IN LIEU OF SPECIAL MEETING OF MANAGERS]
MANAGERS:
By: ^-0
James Zeiter, its manager
By:.
John U. Tippins, IV, its member
By:
Jeffrey A. Fine, Trustee of the Jeffrey Aron Fine
Separate Property Trust U/A/D 3/8/07, Its member
By:
Mark L. Fine, Trustee of the MGF Living Tmst, its member
14.196
Sep 28 2018 03;59PM HP Fax Pa9e 2
MANAGERS:
By:„ , _
James Zeiter, its manager
By;_
John U, Tippins, IV, its member
By:_
Separate Property Trust U/AYD 3/8/07, its member
14.197
[SIGNATURE PAGE TO STBAMBOAT 700, LLC
CONSENT IN LIEU OF SPECIAL MEETING OF MANAGERS]
MANAGERS:
By:^
James Zeiter, its manager
By: '-—r
Jolm U/Tippins, IV, its member
By:_
Jeffrey'A. Fine, Tmstee of the Jeffrey Aron Fine
Separate Property Trust U/A/D 3/8/07, its member
By:.. _
14.198
[SIGNATURE PAGE TO STEAMBOAT 700, LLC
CONSENT W LIEU OF SPECIAL MEETING OP MANAGERS]
MANAGERS:
By:_
James Zeiter, its manager
By:_
Michael Wemer, its managing member
By:_
John U./TjFtpins, IV, .its member
By:,
~FI\Q, Trustee of the Jef&eyAron Fine
• Trust U/A/D 3/8/07, its member
-By:_
14.199
. [SIGNATURE PAOE TO STEAMBOAT 700, LLC
CONSENT IN LIEU OF SPECIAL MEETING OF MANAGERS]
By:_
Michael Werner, its managing member
By,
John U. Tippins, TV, its member
By:_
Jeffrey A. Fine, Trustee of the Jeffrey Aron Fine
tS^parqte Property Trust U/A/D 3/8/07, its member
CM.ilftuO
By: \i v\i^m \ruu
fark L\ Fine, Ti'&s^eeofthe MGF Livmg Trust, its member
VJ
14.200
Exhibit C to Ordinance
THIS ANNEXATION AGREEMENT ("Agreement") is made and entered into this 12th
day of November, 2018, by and between the CITY OF STEAMBOAT SPRINGS, a Colorado
municipal corporation ("City") and WEST STEAMBOAT NEIGHBORHOODS, LLC, a
Colorado limited liability company ("WSN").
WHEREAS, WSN has the real property, which consists of 192 acres more or less,
described m Exhibit "A" ("Property") under contract to purchase and will be the owner ofth.e
Property prior to this Agreement becoming effective; and
WHEREAS, the Property is contiguous with the city limits and within the Urban Growth
Boundary; and
WHEREAS, WSN intends to petition for the amiexation of the Property; and
WHEREAS, the City has determined that it would be in the best interest of the public
health, safety, and welfare of its citizens to impose certain terms and conditions on WSN in
connection with tlie amiexatiou of the Property to the City;
WHEREAS, WSN and City on November 12, 2018 executed a West Steamboat
Neighborhoods Annexation Agreement ("Agreement") with respect to the terms aud conditions
of the annexation of the Property to the City and the parties have since agreed to amend the
Agreement to conform the terms of Sections 3.3 and 3.4, relating to land conveyances to the
Yampa Valley Housing Authority and the Steamboat Springs RE-2 School District, to
agreements reached between those entities and WSN, the effective date of such amendments to
be November 12, 2018.
{00324869.DOCX:!}
Page 1 of 51
14.201
1. DEFINITIONS. As used m this Agreement, unless the context clearly requires otherwise:
Annexation Ordinance" shall meau the ordinance adopted by the City Council of the
City of Steamboat Springs pursuant to the Municipal Amiexation Act of 1965 (Section 31-12-
101, etseq., C.R.S.) officially aimexmg the Property into the City of Steamboat Springs.
"Applicable City Ordinances" shall mean all ordinances of the City which regulate the
development, subdivision and use of the Property, as in effect from time to time.
"Development Fee Deed of Trust" shall mean a deed oftmst given by WSN to the City
for purpose of securing the payment of the water firming fund and transportation firming fund
contributions. The Development Fee Deed ofTmst shall serve as a trigger so that the title
company, in order to secure the release of the Development Fee Deed of Trust, will collect such
contributions on behalf of the City, as it would on behalf of a conventional lender. The
Development Fee Deed of Trust is attached as Exhibit G. The Development Fee Deed of Trust
shall be senior to any and all financing deeds, liens, or other encumbrances.
"ENR-CCI" shall mean the Engineering News Record Construction Cost Index, Denver
or such other index utilizing an industry accepted "basket of goods and services" as the parties
may agree.
"Five Year Trailing Average" shall mean the change m the prices over a five-year
period in the fixed basket of goods and services which form the basis of the BNl^-CCI and the
CDOT-CCL.
"Gateway Deed Restriction" shall mean a deed restriction providing that: a) homes or
units that are sold shall be owned and occupied by at least one person who is employed or self"
employed for a minimum of thirty (30) hours per week and whose place of employment is
situated m Routt County or, if their work entails travel, theu' primaiy residence as evidenced by
State of Colorado or Federal income tax returns is within Routt County (Employee"); b) an
.owner may elect not to occupy the home for a period of one year every five (5) years so long as
the home is occupied by a person who is an Employee; c) homes or units that are owned by the
City, the Yampa Valley Housing Aufh.ority, WSN or a private party approved by the City may be
leased so long as the home or unit is occupied by a person who is an Employee and, relative to
retirement and/or disability, meets City approved rules; and, d) persons who have ceased active
employment due to retirement or disability shall satisfy the Routt County employment
requirement set forth in subsection (a) if the person was an Employee for five (5) of the six (6)
years prior to ceasing employment; e) homes or units may not be leased or rented for any period
of time of less than six months without the prior written approval of the City or the YVHA in the
{00324869.DOCX:!}
Page 2 of 51
14.202
City's or YVHA's sole and absolute discretion, which approval may be conditioned, except that
individual bedrooms may be leased for any duration to Employee roommates so long as the
owner continues to reside m the home during the temi of the lease; f) appreciation shall be
capped at 3% per annum or the percentage increase in the AMI, whichever is greater, together
with reasonable provisions related to approved improvements; and g) fhe deed restriction shall
be administered by the Yampa Valley Housing Authority or such other party, including the City
itself, as may be designated by City. The Gateway Deed Restriction shall be subordinate to any:
i) conventional and/or private equity vertical construction financing on not to exceed twelve (12)
units at any given time; and ii) purchase money financing. See Gateway Deed Restriction
attached as'Exhibit C.
"Homes" or "Units" shall mean. a principal "Dwelling Unit" as that term. is defined in the
Applicable City Ordinances.
"Property" shall mean that certain real property described on the attached Exhibit A.
"Regulating Plan" shall mean document which establishes density, uses, patterns, open
space and parks, and primary streets and their general locations within the Property, to be approved
by the City pursuant to the requirements and procedures set forth in the TND Standards in effect
as of the date this annexation becomes effective.
"Secondary Unit" shall have the meaning set forth in the Applicable City Ordinances.
"Transportation Firming Fimd" shall mean a fund to be administered by the City and used
for offeite transportation and Core Trail engineering, right of way acquisition, permitting and
construction.
"Water Firming Fund" shall mean a ftmd to be administered by the City and used for
water engineering, rights acquisition, storage, permittmg and/or infrastructure construction.
2. DEVELOPMENT. Upon the annexation to the City, development of the Property shall
conform in all respects with the Applicable City Ordinances and regulations, as they may from
time to time l>e amended, except as otherwise provided in this Agreement aad/or the Regulatmg
Plan.
{00324869.DOCX:!}
Page 3 of 51
14.203
3. PROPOSED USE OF AND RESTRICTIONS ON THE PROPERTY.
3.1 Zoning, Land Use and Development Review. The Property shall be zoned
"Traditional Neighborhood Design" ("TND District") immediately followmg aimexation and
development then reviewed pursuant to the TND Standards. Simultaneously with its application
for zoning of the Property to TND, the Developer will submit aud the City will review a
Regulating Plan for the Development pursuant to the TND Standards. It is the intention of the
parties that the followmg actions will be taken by the City Council at the same meeting and in
the following order:
b) Approval of the Regulatmg Plan and an ordinance zoning the entirety of the Properfy
to Traditional Neighborhood Development;
WSN acknowledges that the annexation and subsequent zoning of the Property are subject to fhe
legislative discretion of the City Council. No assurance of annexation or zomng has been made
to or relied upon by WSN. In the event that the City Council, in the exercise of its legislative
discretion, does not approve the proposed armexation ordinance or zoning, then the sole and
exclusive remedy ofWSN shall be withdrawal of the petition for annexation and termination of
this Agreement.
3.3 Gateway. Construction- shall begin with Gateway. Gateway may consist of
approximately: 198 homes, of which 158 (80%) shall be subject to a local's deed restriction (the
"Gateway Deed Restriction") and 40 (20%) shall be unrestricted market units. The Gateway
Deed Restriction, set forth in Exhibit C shall be recorded in accordance with the Development
Agreement referred to in Sections 6.1(e) and 10(d) and be subordinate to: a) any conventional or
private equity vertical construction financmg on not to exceed twelve (12) units at any given
time or such greater number as Council may by resolution approve; and b) any purchase money
or home equity mortgage fmancing. One Hundred Eight (108) of the 158 homes subject to the
Gateway Deed Restriction shall be in the unit mix and with the targeted pricing set forth in
Exhibit D, Gateway Unit Mix. The parties anticipate that an additional fifty (50) homes subject
to the Gateway Deed Restriction shall be, subject to WSN architectural review and control, built
and sold or rented by the Yampa Valley Housing Authority on land contributed by WSN
pursuant to the Yampa Valley Housing Authority Contribution Agreement attached hereto as
Exhibit B. The parties acknowledge that the details of the Yampa Valley Housing Authority
project are contingent on design, fmancmg, housing demand analysis, and other considerations.
{00324869.DOCX:!}
Page4of51
14.204
The Yampa Valley Housing Authority project may include fewer than fifty (50) units and/or may
be subject to alternate deed restriction language with the prior approval of the City. The City
will not approve the A-onexation Ordinance until the parties and the Yampa Valley Hcmsing
Authority have executed a binding agreement implementing this subsection. WSN's obligation
is to contribute land to the'Yampa Valley Housing Authority and WSN shall not be responsible
for building units on the contributed land. In addition, the Yampa Valley Housing Authority
homes -shall be part of the HOA and responsible for its fair share ofHOA operating expenses as
set forth in the Yampa Valley Housing Authority Agreement.
3.6 Home / Unit Allocation and Timing Homes / Units may be shifted between
the three neighborhoods duritig the development approval process and WSN may, from time to
time in response to changing market conditions, seek to amend the Regulating Plan consistent
with the Applicable City Ordinances. Construction of the Slate Creek and Emerald
Neighborhoods may commence at any time after'Gateway Neighborhood construction has
commenced.
3.7 Avigation Easements. All approved final plats for any portion of the Property shall
include a plat note imposing an avigation easement in a form approved by fhe City Attorney and
Airport Director, provided, however that the language of said easement shall not be inconsistent
with the approved Regulating Plan. This requirement shall be included in the Developmeqt
Agreement referred to in Sections 6.1(e) and 10(d).
4.1 Subject to Section 12 below and the terms and conditions set forth m this Section
4.1, there is hereby imposed upon the entire Property, a real estate transfer assessment (the "Real
Estate Transfer Assessment") of one percent (1%) of fhe Purchase Price (defined below) on the
sale of homes and residential units.
(a) Transfers of the Property or portions thereof, including individual homes,
residential units and lots shall be exempt from the Real Estate Transfer
Assessment where both the transferor and transferee are one of the following
{00324869.DOCX:!}
Page 5 of 51
14.205
(i) WSN, (ii) WSN affiliated entities, (iii) the Yampa Valley Housing
Authority, (iv) the Steamboat Springs School District, or (v) the City.
(b) "Purchase Price" means the consideratiou paid by the purchaser to the seller
for the home or residential unit, but not including any proration amoruits, the
Real Estate Transfer Assessment, taxes, costs and expenses ofobtainmg
financing, cost offumishmgs or personal property, lenders fees , title
msurauce fees, closing costs, inspection fees, real estate brolcers"
conmiissions, and other fees and costs related to the purchase of the home or
residential unit but not paid directly to the seller.
(c) The Real Estate Transfer Assessment shall be paid by the purchaser at the
tune of purchase and prior to recording of the deed.
(d) In fhe event the Real Estate Transfer Assessment is determined to be invalid,
then in such event WSN shall provide an alternate mechanism ("RETA
Alternate") to recover nonnal and customary costs incurred by the City to
provide the Property City services typically provided within City limits,
including but not limited to police, fire, road maintenance and other City
services typically provided within the City limits (the "City Services"), the
RETA Alternate being subject to City approval whicli approval shall not be
unreasonably withheld.
4.2 The revenue from imposition of the Real Estate Transfer Assessment, or if
applicable RJETA Alternate, shall be paid directly to the City for the provision of City Services, to
the Property.
4.3 The Property will not be subject to any further real property taxes except as may be
uniformly charged against all real property located within the City. In the event that the City
institutes real property taxes on real property located within the City and such real property taxes
apply to the Property and accrue to the general fund which provides City Services, then in such
event the Real Estate Transfer Assessment, or if applicable RETA Alternate, on any portion of the
Property shall permanently cease or, in the event the property tax revenues are not estimated to
exceed revenues from the RETA, be reduced in proportion to the property tax revenues, said RETA
estimates to be calculated as the mean revenues over a five year period at full build out, and the
City shall continue to provide City Services to the Property.
4.4 Approval offhe Amexation Ordinance shall be conditioned upon the execution and
recording by WSN of a Residential Transfer Fee Covenant encumbering all residential lots or units
created within the Property with the RETA as described m this Section within ten (10) days of
WSN acquiring the Property and subordinating all other liens and encumbrances to the Residential
Transfer Fee Covenant. The Annexation Ordinance shall not take effect until the Residential
Transfer Fee Covenant is recorded.
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5.1 Extensions of Utility Services and Public Improvements. WSN shall pay all
costs for the design and coustmction of all public improvements and utility services necessary to
serve the Property, including, but not limited to, roads, curbs, gutters, sidewalks, sanitary and
drainage sewers, water street lights, electricity, telephone, gas, and cable television service, in
accordance with applicable City or public utility company standards and specifications. WSN
shall dedicate to the City and applicable public utility companies without charge, free and clear
of all liens and encumbrances, those easements and rights-of-way necessary for installation and
main.tenan.ce of said utility lines and other public improvements, mcluding public streets and
trails, and in addition shall convey the public improvements to the appropriate entity upon
completion and acceptance of the improvements.
5.2 Reimbursement For Improvements. The Parties agree that WSN shall be
entitled to reimbursement of certain costs of construction of certain public water improvements,
as described m Paragraph 6(c), and Hwy 40 and Slate Creek Road intersection improvements, as
described m Paragraph 10(b). The City agrees that it will require, as a condition of annexation
of any portion of the West Steamboat Area Plau adopted June 19, 2006 (the "Benefited
Property") that WSN will be reimbursed by the developer of such portion of the Benefited
Properties a proportionate share of the cost of such infrastructure which serves a Benefited
Property. The proportionate share shall be reasonably determined by the City Council at the time
of annexation and as a condition of amiexation of a Benefitted Property based upon, the benefits
received by the Benefited Property, which shall be determined, without limitation, by reference
to: the cost savings to the Benefited Property by WSN's construction of the additional
infrastructure; physical condition of the mfrastmcture; and the length and capacity of utilities and
roadways infi'astmcture used by the Benefited Property. Nothing in this Paragraph shall prohibit
WSN from making application to the City for a Public Improvements Reimbursement
Agreement pursuant to the requirements of the City's Community Development Code for
reimbursement of expenses not otherwise relmbursable under this Paragraph.
5.3 City Provision of Services. Upon the extension of utility services and public
improvements as provided for in Paragraph 5.1 above and acceptance by the City of the utility
services and public improvements to be dedicated to the City, the City shall make available and
provide all City provided utilities and services to the Property and Units or other improvemertts
served by such utility services and public improvements on the normal and customary basis as
such utilities and services are provided and for the normal and customary charges for such
utilities and services, except as sucll charges may be waived by the City as hereinafter provided.
Notwithstanding, the City's commitment to provide such utility services and public
improvements shall not extend beyond the vesting temi provided in Paragraph 1 l(b), or any
fuhu-e extension of such term. The City commits to provide water service to the extent that
demands are substantially equivalent to the estimates of the January 27, 2017 Water Demand
Report. The City's commitment to provide water service may be restricted in the event of a
material reduction m fhe City's raw water supply to the extent such restriction(s) are applicable
throughout the City.
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6. WATER.
(a) Onsite mirastructure as required by the Municipal Code to serve the WSN
including water mains, service lines, valves, hydrants, and other necessary
appurtenances.
(b) Prior to issuance of a building permit for the first (1 st) home / unit, unless a
delay is approved by the Director of Public Works, WSN shall cause to be
installed pressure relief valves and boosters as may be required to serve the
Property.
(c) Prior to issuance of a building permit for the first (I") home/unit, WSN shall
cause to be installed a water distribution system in conformance with the City
of Steamboat Springs Standard Specifications for Water and Wastewater
Utilities and related adopted standards. Said water distribution system shall
include a reasonably redundant supply source approved by the Director of
Public Works that may include extending a 12" diameter water main along US
Highway 40 connecting at the furthermost public water main location
(currently near Snow Bowl Plaza); or from the adjacent Overlook Park
development (if available); or by constructing an on-site storage tank as
needed for the WSN Neighborhood.
(d) Standard Water Tap Fees All homes / units shall pay standard water tap
fees, such amounts due prior to issuance of a building permit as provided in
the Applicable City Ordinances.
(e) Water Firming Fund Contribution WSN shall prior to issuance of the first
building permit contribute $292,000 to the Water Firming Fund. Thereafter,
all homes not subject to the Gateway Deed Restriction shall pay to the-Water
Finning Fund.an amount mitially equal to $15,000 per home / unit, such
amounts due upon closing of the sale of the home / unit. Lots developed
with a Secondary Unit shall be subject to an additional payment of $11,200,
such amount to be due upon closing of the sale, if constructed by WSN, and
otherwise upon issuance of a building permit for the Secondary Unit. The
payment of such amounts shall be secured by the Development Fee Deed of
Tmst. The amount shall be adjusted annually by the Five Year Trailing
Average of the ENjR-CCI. Approval of the Annexation Ordinance and
Regulating Plan shall be conditioned upon the execution and recording by
WSN of a Development Agreement requiring that i) any subdivision approval
of the creation of residential lots or units include a condition that each such
residential lot or unit be subjected at the time of final plat to either the
Gateway Deed Restriction or the Development Fee Deed of Trust as
determined by WSN and ii) that fmancmg encumbrances be subordinated m
the final plat to said documents. WSN shall record the Development
Agreement within ten (10) days of acquiring the Property. The Annexation
Ordinance shall not take effect until the Development Agreement is executed
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14.208
and recorded. The Development Agreement shall impose the requirements set
forth in paragraphs i) and ii) in accordance with the terms of this
Agreement. The terms of the Development Agreement shall survive the
expiration of this Aimexation Agreement.
(f) The Property, with the exception of the grocery store and neighborhood
commercial uses referred to in Section 3.2 and of any other commercial or
industrial use of the Property, within the current approved scope, will not be
subject to any further water dedication requirements (or fee-iu-lieu of
dedication) as a condition of any City approval, including the City s water
dedication policy, adopted as Section 25-77 of the Municipal Code durmg the
vesting term provided in Paragraph 11 (b), or any future extension of such
term.
6.2 Water Adequacy. The City shall, upon receipt of the Regulatmg Plan showmg
densities and uses, make a positive adequacy determination pursuant to C.R.S. §29-20-304
provided that demands are substantially equivalent to the current approved scope of the January
27,2017 Water Demand Report. In the event of a change m such densities or uses, the
adequacy determination shall be made based upon the revised density or uses. The parties
acknowledge that the January 27, 2017 Water Demand Report did not account for the
construction of Secondary Units. The City makes no representation as to its ability to make a
positive water adequacy determination with respect to a Regulating Plan permittmg the
construction of Secondary Units. IfWSN elects to include in the Regulating Plan Secondary
Units or a school, WSN shall provide a supplemental Water Demand report showing such
revised densities and uses and the adequacy determination for such additional uses shall be made
based upon the supplemental Water Demand report.
6.3 West Area Tank. The City shall be responsible for building, at its expense, the
West Area Water Tank and completing same within two years of the effective date offhis
Annexation Agreement, subject to acquisition by the City of the tank site, and appropriation by
the City of construction funds. The City and owner of the tank site have agreed in principle to
the terms of purchase. However, purchase of the tank site is contingent upon execution of, and
closmg on, a contract to buy and sell real estate and approval ofRoutt County subdivision plat.
The City has appropriated funds for fiscal year 2018 in the amount of $3,818,750 for the
construction of the tank. Use of these funds in subsequent fiscal years will depend on their re-
appropriation by the City Council. If the City is unable to acquire the tank site or if the City
Council does not re-appropriate construction funds for fiscal years after 2018 the City shall not
be obligated to construct the West Area Water Tank.
7. SEWER
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14.209
(a) On-site infrastmctu-e as required by the Municipal Code to serve WSN
including sewer mains, services, manholes and other necessary appurtenances.
(b) Standard Sewer Tap Fees All homes / units shall pay standard sewer tap
fees, such amounts due prior to issuance of a building permit as provided in
the Applicable City Ordinances.
(c) Easements for adjacent properties to convey gravity-fed wastewater flows to
the existing collection system.
(d) The Property, with the exception of the grocery store and neighborhood
commercial uses referred to in Section 3.2 and of any other commercial or
industdal use of the Property, will not be subject to any further sewer related
payments as a condition ofauy City approval duimg the vestmg term provided
m Paragraph 11 (b), or any future extension of such term.
(a) Gateway, Slate Creek and Emerald POST program: See Exhibit F, West
Steamboat Neighborhoods POST Program.
(b) POST amenities would be phased accordingly with the development of each
neighborhood, and as the Community Development Code requires.
(c) POST amenities would be owned and mamtamed by the HOA; however, the
City would be given an easement allowing such POST amenities to be used by
the public subject to such rules as may be reasonably established by the HOA,
which shall be equally applicable to the general public and owners of property
infheWSN.
(d) Durmg the development review process, WSN shall meet Applicable City
Ordinances related to natural resource protection to the extent practicable or
as permissible through the authorities having jurisdiction.
(e) With respect to the Slate Creek riparian corridor, WSN shall: i) encourage the
exploration of a livmg classroom for safe, hands-on scientific exploration; ii)
meet or exceed water body setbacks; iii) design roadways to carefully
consider riparian corridor and water movement aud, where possible, enhance;
and, iv) review the riparian corridor with a hydrologist for opportunities for
meaningful enhancement.
9. SUSTAINABDLITY.
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(b) WSN will explore and innovate with respect to energy conservation, solar
orientation, passive solar gain, compact and efficient building envelopes,
recycling tiirough construction, mdoor air quality, and mcreased insulation.
(c) WSN will, over the life of the project, investigate and, where feasible,
implement new smart home and construction practice technologies, and solar
garden and geothermal technologies
(d) WSN will encourage the exploration of livmg classroom along Slate Creek
riparian zone, for safe, hands-on scientific exploration. •
(a) Funds for Public Works Capital Costs Prior to issuance of a building permit
for the one hundred ninety-ninth (199th) home / unit, unless a delay is
approved by the Director of Public Works, WSN shall pay the City $610,000
to be used for the purchase of new snow removal equipment to be used on the
Properly and other parts of the City, such equipment consisting of: motor
grader; sand truck; front-end leader and cold equipment storage. Until such ,
time, WSN shall provide snow plowing services. At such time as the City
takes over the plowing, WSN shall be responsible for snow removal related
public street damage occurring prior to such take over, less normal wear and
tear.
(b) WSN shall cause to be constructed Hwy 40 and Slate Creek Road intersection
improvements as required by CDOT based on fheir access requirements.
(c) Secondary Access Prior to issuance of a building permit for the thirty-first
(31 st) home / unit, WSN shall cause to be installed secondary access either
connectmg to Gloria Gossard Parkway or such oth.er location approved by the
Fire Chief.
(d) Transportation Firming Fund WSN shall prior to issuance of the first
building permit contribute $292,000 to the Transportation Firmmg Fund.
Thereafter, all homes not subject to the Gateway Deed Restriction shall pay to
the Transportation Firming Fund an amount initially equal to $11,000, such
amounts due upon closing of the sale of the home / unit with such amount
allocated to offsite transportation improvements. Lots developed with a
Secondary Unit shall be'subject to an additional payment of $8,400, such
amount to be due upon closing of the sale, if constructed by WSN, and
otherwise upon issuance of a building permit for the Secondary Unit. The
payment of such amounts shall be secured by the Development Fee Deed of
Trust. The amount shall be adjusted annually by the Five Year Trailing
Average of the CDOT-CCI. Approval of the Ajonexatlon Ordmance and
Regulating Plan shall be conditioned upon the execution and recording by
WSN of a Development Agreement requiring that i) any subdivision approval
of the creation of residential lots or units include a condition that each such
residential lot or unit be subjected at tlie time of final plat to either the
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Page 11 of 51
14.211
Gateway Deed Restriction or the Development Fee Deed of Trust as
determmed by WSN and ii) that fmancing encumbrances be subordinated in
the final plat to said documents. WSN shall record the Development
Agreement within ten (10) days of acquiring the Property. The Annexation
Ordinance shall not take effect until the Development Agreement is executed
and recorded. The Development Agreement shall impose the requirements set
forth in paragraphs i) and ii) in accordance with the terms of this
Agreement. The terms of the Development Agreement shall survive the
expiration of this Annexation Agreement.
(e) The obligation to pay the Transportation Firming Fund shall survive the
construction by CDOT, the City, or a third party of any or all of the offsite
transportation or Core Trail improvements.
(f) WSN shall contribute normal and customary easements for transit stops and
turnarounds.
(g) The Property, with the exception of the grocery store and neighborhood
commercial uses referred to in Section 3.2 and of any other commercial or
indusbrial use of the Property, will not be subject to any further road and
transit related payments as a condition of any City approval during the vesting
term provided in Paragraph 1 1 (b), or any future extension of such term.
(a) Vested Property Rights The City will approve the creation of vested
property rights for the Property pursuant to the Vested Property Rights Act,
C.R.S. §24-68-101 et seq. In the event of conflict between this Agreement
and the Vested Property Rights Statute or Municipal Code, this Agreement
shall prevail. Li recognition of the size of the development contemplated
under this Agreement, the substantial mvestment and time required to
complete fhe development, the potential for phases of the development and the
possible impact of economic cycles and varying market conditions during the
course of the development, WSN and the City agree that vested property .
rights are approved under the following conditions: the rights to be vested
shall extend only to the permitted uses and densities set forth, in the
Regulating Plan adopted and approved by the City as described in Paragraph
3, with the exception of the grocery store and neigliborliood commercial uses
referred to in Section 3.2 and of any other commercial or industdal use of the
Property, and to the public land dedication, mfi-astructire, financing,
exactions, deed restricted housing and other requirements set forth m this
Agreement.
(b) Vesting Term The term of vesting shall be ten (10) years commencmg
upon the date of recording the Annexation Ordinance and Map. An
additional ten (10) years upon issuance of the one lnmdred eight (108th) deed
restricted home, /unit certificate of occupancy, for a total-of twenty (20) years.
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Page 12 of 51
14.212
(c) Site-SpecijRc Development Plans WSN and the City agree that the
Regulating Plan constitites an approved "site specific development plan" as
defmed in the Vested Property Rights Statute, and that pursuant thereto, WSN
and its successors and assigns shall have vested rights to undertake and
complete the development and use of the Property under the terms and
conditions thereof during the vesting term established in Paragraph (b) above.
The vesting term shall be memorialized m a Development Agreement in
cormection with the approval of the Regulating Plan ( Regulatmg Plan
Development Agreement").
(d) Rights Not Vested The establishment of rights vested under this Agreement,
the Regulating Plan, and Regulating Plan Development Agreement shall not
preclude the application by the City of City ordmances and regulations,
mcludiug, without limitation, the followmg:
i) City buildmg, fae, plumbmg, engineering, electdcal, and mechamcal codes
and other similar technical codes and standards of the City;
ii) City architectural, landscaping, and other development standards that are
not inconsistent with the uses and densities permitted by the approved
Regulating Plan;
ill) City regulations regarding the subdivision of land to the extent the same
do not conflict with the uses and densities permitted by the approved
Regulating Plan;
iv) Traditional NeighborJiood Development standards to the extent the same
do not conflict with the uses and densities permitted by the approved
Regulating Plan;
v) Applicable federal regulations;
vi) Any other general City ordinance or regulation that does not conflict with
the uses and densities permitted by the approved Regulating Plan.
12. TERM.
The term of this Agreement shall commence on the effective date (Effective Date") of the City
ordinance amiexing the Property and approving this Agreement (the "Annexation Ordmance)
and shall continue until of the obligations of the Developer hereunder have been completed,
satisfied, or financially secured to the satisfaction of the City (the "Term"), but not less than the
period of vesting set forth in Section 11. After the expiration of the Term, this Agreement shall
be deemed temunated and of no further force or effect; provided, however, that such termination
shall not affect the (a) annexation of the Property to the City; (b) any conunon law vested rights
obtained prior to such tennination; (c) any rights arising from City permits, approvals, or ofiher
entitlements for the Property or the Development which were granted or approved concurrently
with, or subsequent to the approval of this Agreement, the TND Zone District, and the
Regulating Plan; (d) the parties' rights pursuant to Section 15 concemmg the prevailing party's
right to fees and costs in the event of litigation. Termination of this Agreement shall not be
construed to cause the termination of any of the agreements entered into pursuant to this
Agreement which are of longer duration than this Agreement, such as the Development
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Agreement referred to in Sections 3.3, 6.1(e) and 10(d) and the School District and Yampa
Valley Housing Authority agreements referred to in Sections 3.4 and 3.5.
13.1 Contingencies. City and WSN agree that the amexation of the Property and the
effectiveness of this Agreement are contingent upon the occurrence of all of the following
events, and the annexation and this Agreement shall be effective on the date on.which the last of
the following events occurs: (a) final approval of this agreement and the Annexation Ordmance;
and b) WSN has purchased and is the owner of the Property. Provided, however, that, if all of
the foregoing events have not occurred on or before one year from the date hereof, then this
Agreement shall be null and void and of no further force or effect.
13.2 Legal Cliallenges/Referendum. Final approval of the Annexation Ordinance shall not be
deemed to have occurred if on or before the fhirtieth (30 ) day following the effective date of the
Annexation Ordinance either a) legal proceedings are commenced challenging the Amiexation
Ordinance or b) a petition is submitted to the City Clerk for a referendum on the Annexation
Ordinance. Either party may, but shall have no obligation, to defend legal proceedings
concerning the validity of the Annexation Ordmance.
In the event of a legal challenge and/or referendum, final approval shall occur upon final and
non-appealable resolution of legal proceedings and/or referendum results affirming annexation of
the Property. The ann.exation of the Property to the City shall not be effective until the
occurrence of final approval.
If a referendum challenge to the Annexation Ordinance succeeds, this Agreement and all
provisions contained herein shall be null and void and of no further effect. In the event the
Annexation Ordmance or any portion thereof is voided by the final action of any court, this
Agreement and all provisions contamed herein shall be null and void and of no further effect
unless the parties agree m writmg to ratify the Agreement and seek to cure the legal defect(s) that
resulted in the court action. If the parties agree in writing that such a cure is successful, WSN
may re-apply for annexation.
WSN may withdraw the petition for amiexation and terminate this Agreement if any,legal
challenge remains unresolved one (1) year after the effective date of the Annexation Ordinance.
City shall not be responsible for processing applications for land use approvals relating to the
Property and WSN shall not be responsible for making payment, constructing improvements, or
dedicating interests in real property to the City during the pendency of any legal challenge to or
referendum regarding the Annexation Ordmance.
Page 14 of 51
14.214
upon the Property as compared to other properties. For example, but not by way of limitation, a
moratorium or growth control limitation on processing of building permits to ten percent (10%)
of approved units per year, which would restrict a development with 100 approved units to 10
building pennits per year, and the Property (assuming for this example only, 450 approved
homes / units) to 45 building permits per year, would not be disproportionately applied to the
Property, as the impact of the moratorium is equally felt as a percentage of total approved units.
In addition, beyond the commitments in this Agreement, WSN shall not, during the vesting term
set forth in Subsection 1 l(b), be subject to any further affordable housing contdbutions and/or
assessments, mcludmg but not limited to, affordable housing contributions, inclusionary zonmg
or other similar ordinance or rule intended to address ftie City's housing problem.
15. MISCELLANEOUS.
15.1 Effective Date. This Agreement is contingent upon the City approval of the
annexation and shall become effective as provided for in Paragraph 12.
15.2 Parties' Authority. The City and WSN represent that each has the authority to
enter mto this Agreement accordmg to applicable Colorado law and the City's Home Rule
Charter and Ordinances, and each represents that the terms and conditions hereof are not in
violation of any agreement previously entered into by such party. This Agreement shall not
become effective until a resolution or other necessary authorizations for the execution of the
Agreement are effective. -
15.3 Recording. This Agreement shall be recorded in the Routt County Clerk and
Recorder's Office in order to put prospective purchasers of the Property or other interested
parties on notice as to the terms and conditions contained herein.
15.4 Entire Agreement. This Agreement and the exhibits hereto represent the entire
understanding between the parties, and no other agreement concerning fhe Property, oral or
written, made prior to the date, of this Agreement, which conflicts with the terms of this
Agreement shall be valid as between fhe parties.
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land, and shall be binding upon all persons or entities having an interest m the Property, unless
otherwise specified m the amendment.
15.6 Additional Remedies. If at any time any material part hereof has been breached
by WSN, tlie^City may, in addition to other remedies, withhold approval of any or all building or
other permits appUed for by WSN on. its Property, or withhold issuance of certificates of
occupancy, until the breach or breaches has or have been cured.
15.7 Bmding Effect. Once the contingencies set forth in Section 13.1 have been
satisfied, the agreements and covenants as set forth herein shall be binding upon WSN and its
successors and assigns, and shall constitute covenants or servitudes that shall touch, attach to,
and run with the land that constitutes the Property. The burdens and benefits of this agreement
sball bind and inure to the benefit of all persons who may hereafter-acquire an interest in the
Property, or any part thereof. WSN shall as a condition of approval of the Annexation Ordinance
execute and record a document acknowledgmg and ratifying the binding effect of this
Annexation Agreement on its successors and assigns to the Property.
15.8 SeverabUity. In. case one or more of the provisions contained in this Agreement
shall be invalid, illegal or unenforceable m any respect, the validity, legality and enforceability
of the remaining provisions of this Agreement shall not in any way be affected or impaired
thereby.
15.10 Attorney's Fees. If any action is brought in a co'urt of law by either party to this
Agreement concerning the enforcement, mterpretation or construction of this Agreement, the
prevailing party, either at tdal or upon appeal, shall be entitled to reasonable attorney's fees, as
well as costs, mcludmg expert witness' fees, incurred in the prosecution or defense of such
action.
If City:
Dan Foote
City Attorney
City of Steamboat Springs
137 10th St
Steamboat Springs, CO 80487
Page 16 of 51
14.216
Not Constitute Notice) To:
Gary Suitor
City Manager
City of Steamboat Springs
137 10th St.
Steamboat Springs, CO 80487
If To WSN:
Rich Nehls
Packard Dierldng
2595 Canyon Blvd., Suite 200,
Boulder, CO 80302
Notices mailed in accordance with the provisions of this Paragraph shall be deemed to have been
given on the 2nd day following mailing. Notices personally delivered shall be deemed to have
been given upon delivery. Nothing herein shall prohibit the giving of notice iu the manner
provided for in the Colorado Rules of Civil Procedure for service of civil process
15.12 Waiver. The failure of either party to exercise any of its rights under this
Agreement shall not be a waiver offhose rights. A party waives only those rights specified m
writing and signed by either party waiving such rights.
15.13 Applicable Law. This Agreement shall be interpreted in all respects in accordance
with the laws of the State of Colorado.
15.15 Paragraph Headings. Paragraph headmgs are inserted for convemence only and
in no way limit or define the interpretation to be placed upon this Agreement.
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15.16 Terminology. Wherever applicable, the pronouns in this Agreement designating
the masculine or neuter shall equally apply to the feminine, neuter and masculine genders.
Furthermore, wherever applicable wifhin this Agreement, the singular shall include the plural,
and the plural shall include the singular.
15.17 Assignment. The rights and obligations of WSN under this Agreement may not
be assigned without prior written approval of the City, wluch may be granted or withheld by the .
City Council acting in its sole and exclusive discretion. Such approval shall not be unreasonably
withheld or delayed unless the City Council reasonably believes such derdal is justified based
upon the reputation, credit, standing, or other similar quaHficatious of the proposed assignee.
The express assumption of any of WSN's obligations under this Subsection with the written
consent of the City will thereby relieve WSN of such obligations with respect to the matter so
assumed and assigned.
15.18 No Third Party Beneficiaries. Enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to fhe
City and WSN, and nothing contained in this Agreement shaU give or allow any such claim or
right of action by any other third party. It is the express intent of the City and WSN that any
party other than fhe City or WSN receiving services or benefits under this Agreement shall be
deemed to be an incidental beneficiary only.
15.19 Colorado Constitution, Article X, Section 20. This Agreement is not intended
by the parties to create, and does not create, any multi-fiscal year financial obligation offhe City.
All financial obligations of the City hereunder are expressly subject to the amual appropriation
of funds by the City Council acting in its sole discretion.
IN WITNESS WHEREOF, the parties have executed this Agreement the date first written above.
By_
Gary Suiter, City Manager
ATTEST
City Clerk
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WESf STEAMBOAT NEIGHBORHOODS, LLC,
a .Colorado limited liability company
B^ x'l^
iDi jid G. (5r^eil, Manager
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14.219
STATE OP ClQLORADO )
)ss.
COUNTS 0^1 ROUTT )
The foregom^ |instrument was acknowledged l3efoi[e me this _ day of 20 18, by Gary Suiter,
as City Maua; er, Steamboat Springs, a'Colora^io n^umcipal corporation
Notary Public
STATE OF COLORADO )
) ss.
COUNTY 0^ biw\m\^\V~ )
^
The foregoing |instrument was acknowledgedt)efoi Ie me tliis ^^ day of ymmn 20118, by
David G.O'J^ ;il as Manager of West Steamboat N eighboriioods , LLC, a Colorado fimited
liability Gompj^ny.
NAUpEDONOVAN
N0|t^
STAT^ COLORADO Notary Public
HOTAR;^\02QWOm73
MYCOMMtSSiO[^ EXPIRES APRll 6.2021
EXHEBITS:
{00324869.DOCX;!
Pa^e;20<?f51
14.220
Consent ofMortgagee
CAnnexatinn Asreeinenft
Alpine Bank, a Colorado banking corporation, with its principal office located at 2200 Grand Avenue,
Glenwood Springs, CO 81601 ("Mortgagee"), is the holder of a secured debt originally m the form of a
Promissory Note and Deed of Trust made by Steamboat 700, LLC, a Nevada limited liability company
("Mortgagor"), dated March 19, 2007, In the original principal amount of $10,000,000.00 (the "Secured
Debt"). The Deed of Trust originally encumbering the Property is dated March 19, 2007, and was
recorded on March 20, 2007, at Reception Number 653909 in the Records of Routt County, Colorado
(the "Original Deed of Trust"). The Original Deed of Trust was released by virtue of the Release of
Deed of Trust recorded February 10, 2016 at Reception No. 765997 in the Records of Routt County,
Colorado. The Promissory Note was amended by that certain Allonge executed on October 26, 2015.
The Secured Debt as set forth in the Promissory Note and as amended by the Allonge is now secured by a
Deed of Trust dated September 16,2015, and recorded at Reception No. 765977 in the Records ofRoutt
County, Colorado (the "Replacement Deed of Trust"). These documents are collectively referred to as
the "Mortgage." Alpine Bank hereby consents to the terms of the foregoing Annexation Agreement,
which Mortgagee has reviewed and approved. Mortgagee agrees that:
1. A foreclosure of the Mortgage, whether by judicial decree or pursuant to a power of sale, shall have
no effect on the Annexation Agreement and, in the event of such a foreclosure, Mortgagee agrees that
any development of the Property by it or its assigns would have to be conducted in. accordance with the
Annexation Agreement, as amended from time to time, unless the Property is de-annexed from the City.
2. Notwithstanding the foregoing, nothing herein constitutes^ (i) a subordination of the Mortgage to the
Real Estate Transfer Fee Covenant, the Gateway Deed Restriction, or the Development Fee Deed of
Trust (and, although such subordmations'are required at the tune of recording of each final plat for each
phase-of the development, Mortgagee may refuse to provide the same in its sole and absolute discretion
or for no reason whatsoever), (ii) Mmlgagee's agreement to the forms of the Real Estate Transfer Fee
Cov-£umiL_£he Gateway Deed Restriction, and tlie Develouinent Fee Deed of Trust: (and in the event of
anv conflict between the terms of this Annexation A&j'eement and the terms of the Real Estate Tran?jeiL
Fee Covenant the Gateway Deed Restriction or the Develonment Fee Deed of Trust in the form that
exists at the time each is recorded with the Mor^a"ees subordination, then the teunsof such recorded
d o cmnents containine sucli subordiriation shall control over the terms nt the Annexation AereemenfL
/'iih an agreement ofMortgagee to release or partially release any property encumbered by the Mortgage,
(^-hbO a consent by Mortgagee to any transfer or encumbrance of title to the Property, (w^) any
assumption by Mortgagee of any obligations owed by WSN under the Annexation Agreement, or (v^i) a
waiver of any rights or remedies that Mortgagee may have under the Mortgage.
3. This Agreement (i) is for the sole benefit of the City of Steamboat Springs, Colorado and there shall
not be any third patty beneficiaries and (ii) shall be binding upon and inure to the benefit ofMortgagee
and its respective personal representatives, heirs, successors, and assigns.
Page 21 of 51
Active/.?4-?49^U9154951 4
14.221
MORTGAGEE:
Name of Institution: Alpine Bank, a Colorado banking corporation
By:.
its:
STATE OP COLORADO )
) ss.
COUNTY OF )
My commission expires:
Notary Public
Page 22 of 51
Active/4?>4^-349154951.4
14.222
Exhibit A:
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Page 27 of 51
14.227
Exhibit B:
WSN Concept Plan and Unit Mix;
{00324869-DOCX^}
Page28of51
14.228
Exhibit C
Gateway Deed Restriction
ybllowmg to be executed and recorded for each of the 158 homes subject to the Restrictive
Covenant prior to sale or lease by Declaranf[
Unit _ ,
Gateway Neighborhood
County of Routt
State of Colorado fthe Property")^ and
WHEREAS, Declarant has chosen to Include the followmg the Property among the
portion of the residential dwelling units subject to the restrictions set forth herein:
NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Declaranf
hereby declares that the Property shall be held, gold, conveyed, and occupied subject to the
following covenants, resti'ictions, ^nd conditions.
ARTICLE I
?%ESTRICTIONS
(00324869,DOCX:2}
Page29of51
14.229
\.L TJbie Unit sliall be owned and occupied by at least one person who is employed or self"
employed for a minimum of thirty (30) hours per week and whose place of employment
is sihiated in Routt County or, if their work entails travel, their primary residence as
evidenced by State of Colorado or Federal inctnne tax returns is within Routt County
('^Employee"). An employee who works remotely in Routt County for an employer that
is not located in Routt County shall be treated as having a place of employment situated
in Routt County.
1.2. Anowner may elect not to occupy the home for a period of one year every five (5) years
so long as the home is occupied by a person who is an Employee.
1.3. The term "Employee" includes an individual who has ceased active employment, due
either retirement or disability^ but who met the definition of Employee for five (5) of the
six (6) years prior ceasing employment.
1.4. If the Unit is owned by the City, the Yampa Valley Housing Authority, WSN or a private
party approved by the City, it may be leased so long as the home or unit is occupied by a
person who is an Employee and, relative to retirement and/or disability, meets City
approved rules.
1.5, Rental. The Property may not be leased or rented for any period offmie less than six
months without the prior written approval of the City or the YYHA m -the City's or
YVHA's sole and absolute discretion, which approval may be
conditioned. Notwithstatidmg, individual bedrooms may be leased for any duration to
Employee roommates so long as tile Owner contmues to reside in the home durmg the
term of the lease.
A, Resale Price Limit. The Maximum Allowed Sale Price for which a Unit may be
sold by a Unit owner shall be detenumed as foliEows:
(i) The selling Unit owner's initial purchase price paid for the Unit sliall be the selling
Unit owner's "Base Price Limit." j
(ii) The Base Price Limit shall be increased to reflect a cost ofUvmg adjustment for the
period of time the selling Unit owner o-wned the Unit. The Base Price Limit as increased by the
cost of living adjustment described below shall be the selling Unit owner's "Adjusted Price Limit."
The Adjusted Price Limit sh^ll be the greater of;
{00324869J30CX:2}
Page 30 of 51
14.230
the number of whole
The Base Price months from the date of Tlie Base ADJUSTED
Limit x .0025 x a Unit owner's purchase + Price PRICE
to the date of a Unit Lmiit LIMIT
owner's sale of the Unit
OR
100% of AMI* most recently released
prior to the selling Unit owners sale
Tlie Base ADJUSTED
Price Limit x Divided by PRICE
LIMIT
100% of AMI in effect at the tune. of
the selling Umt Owner's purchase of
the Unit
(ill) The following amounts shall be added to the Adjusted Price Limit in order to finally
determine the Maximum. Allowed Sale Price:
(a) The cost ofPeimttted Improvements to tiie Residential Unit made by the selling
Unit owner during the selling Unit owner's period of ownership of the Unit, such improvements
includmg: renovations; addition of a garage or storage space to a Unifi improvement of unfinished
space in a Unit allowed to be finished and occupied under the City's building and teclinical codes
in effect at the time .of sucii miprovement; energy efficiency improvements; landscaping
improvements; and upgrades m appliances pr Unit finlslies. In calculating the amount of Permitted
Improvements to be allowed under this subsection, only the selling Unit owner's actual out-of-pocket
costs and expenses -for labor and materials shall be eligible for inclusion, provided, however, that
if the selling Unit owner purchases only materials and does not pay any third party for labor, tlien
such amount to be allowed for Permitted Ithprovements shall include an amount attributable to the
selling Unit owner's personal labor or "swe^f equity", which shall be equal to the amount paid for
materials. To be allowed to recover for Permitted Improvements, a selling Unit Owner must
submit to the Chy prior to selling the Residential Unit copies of invoices, receipts or other similar
evidence of the costs and expenses for labor and materials, or materials alone. YVHA shall provide
{00324S69.DOCX;2}
Page 31 of 51
14.231
each selling Unit Owner who mnkes aproper submission for allowance of Permitted Improvements
with a receipt or certificate verifying the amount of allowed Permitted Improvements and, after
such receipt or certificate is issued by YVHA, no subsequent Unit owner may challenge the
allowed amount of Permitted Improvements as described in the receipt or certificate issued by
YVHA. Notwithstandmg anything contained in this Restrictive Covenant to the contrary, the
amount allowed for a selling Unit owner's Permitted Improvements shall not be subject to the cost
of living adjustment provided in Subsection 1.6 above,
(b) The following costs actyally incurred and paid by the sellmg Unit owner in
connection with the sale of the Unit:" (i) Real Estate Transfer Assessment; (ii) real estate sales
commission paid by the selling Unit owner m connection with the sale of the Unit, not to exceed
three percent (3%) of the selling Unit owner's sales price; (iii) the premium for owner's title
insurance policy paid by the selling Unit owner in connection with the sale of the Unit; (iv) the
cost of a tax certificate paid by the selling Unit owner in coimection witli the sale of the Unit; and,
(v) other normal and customary closing costs incmi'ed by sellers for similar sales in Routt Couuty,
Colorado, which costs shall not include appraisal or inspection costs.
ARTICLE H
RESTRTFTTON BTNT>8 TflnR PROPERTY
2. This Restriction shall constitite covenants rutming with title to the Property as a burden thereon,
for benefit of, and enforceable by the City and the YVHA and this Restriction sliall bmd Dedarant
and all subsequent owners of the Property (each, an "Owner"), Each Owner, upon acceptance of
a deed to the Property, shall be personally obligated hereunder for the full and complete
performance and observance of all covenants, conditions and restrictions contained herein during
the Owner's period of ownership of the Property. Except as set forth herein, each and every
conveyance of the Property, for all purposes, shall be deemed to include and incorporate by this
reference, the covenants contained in this Restriction, even wlfhout reference to this Restriction
ia any document of conveyance.
{00324869,DOCX:2}
Page32of51
14.232
ARTICLE m
SUBORDINATION
3. This Restriction shall be subordinate to (i) existing and future conventional or private vertical
construction financing, and (H) existing and future purchase money first deeds of trust
obtained by ati Owner. Without lumting the generality offhe foregoing, if such a lender
forecloses on its deed of trust, any party may purchase at the foreclosure sale and such
purchasing party shall not be bound by this Restriction unless the City or the YVHA shaU
redeem the foreclosure sale.
-;
4. The provisions of this Restriction are intended to implement the terms of the Annexation
Agreement entered mto by the. City of Steamboat Springs and WSN on _. 108 units to
be constructed by WSN on the Property are required to be subject to the restrictions set forth
in this Restriction ('Deed Restricted Units"), The Annexation Agreement limits the number
of Deed Restricted Units subject to the subordination language set forth in Paragraph 3(i) to
no more than twelve (12) at any given time.
ARTICLED
ENFORCEMENT
5. Tlie Declarant and each Owner hereby grants and assigns to the City and the YVHA.the right
to enforce compliance with this Restriction. Compliance may be enforced by fhe City or the
YVBA by any lawful means, mcluding without limitation, seeking any equitable relief as
well as a suit for damages. Equitable relief shall include the right to seek (a) specific
performance of this Restriction; (b) a Judgment from any court of competent jurisdiction
granting a temporary restraining order, preliminary iajimction, and/or permanent mjuacdon;
(c) a court order setting aside or rescinding any sale of the Property made in violation of this
Restriction; or a court order requiring the Owner to sell the Property, Any equitable relief
provided for in this Restriction may be sought singly or in combination with such legal
remedies as the City or YVHA may be entitled to, either pursuant to this Restriction, under
the laws of the State of Colorado or otherwise.
ARTICLE V
GENERAL PROVTSIONS
6. General Provisions
6.1. Equal Housing Opportunity. Pursuant to the Fair Housing Act, neither the Declarant,
City, nor the YVHA shall discriminate on tlie basis of race, creed, color, sex, national
origin, familial status or disability in the lease, sale, use or occupancy of the Property.
6.2. Severabiliiy. Invalidatlon of any one of the covenants or restrictions contained herein by
{Q0324869.DOCX;2} .
Page 33 of 51
14.233
judgment or court order sliall in no way affect any other provisions, it being the intent of
the Declarant that such invalidated provision be severable.
6.3. Term. The restrictions contained herein shall run with the Property in perpetuity.
6,5. No Thu-d-Party Beneficiaries. This Restriction is made and entered into for the sole
protection and benefit of the City and the TVHA. Except as otherwise specifically
provided for herein, no other person, persons, entity or entities, moluding wJEthout
limitation prospective buyers of other ynits located upon the Property, shall have any
right of action with respect to this Restriction or right to claim any right or benefit from
the terms provided m this Restriction or be deemed a third-party beneficiary of this
Restriction.
6.6, Further Actions. The Declarant and its successors and assigns agree to execute such
further documents and take such further actions as may be reasonably required to carry
out the provisions and intent of this Restriction or any agreement or document relating
hereto or entered into in connection herewith.
6.7* Notices. Any notice, consent or approval which is required or permitted to be given
hereunder shall be given by mailing, the same, certified mail, return receipt requested,
properly addressed and with postage fully prepaid, to any address provided herein or to
any subsequent mailing address of the party as long as prior written notice of the change
of address has been given to the other parties to this Restciotiou. Said notices, consents
and approvals sliall be sent to the parties hereto at the following addresses unless
o-therwise notified in writing:
To Deolarant:
To the City:
{0&324869.DOCX:2}
Page 34 of 51
14.234
To the Owner;
TotherVHA:
6.8. Successors. Except as otherwise provided herein, file provisions and covenants contained
herein shall be binding upon the heirs, successors and assigns of the Declarant.
6.9. Headings. Article and Section lieadings within this R-estriction are inserted solely for
convettience or reference, and are not intended to, and sliall not govern, limit or aid in
the construction of any terms or provisions contained herein.
6.10. Approval. Wherevef an approval is required bythe City or the YVHA, m all instances
approval by the City shall be deemed sufficient where the approval is executed by tlxe
City _ or his or her designated representative and approval by the YVHA shall be
deemed suJSicient where the approval is executed by the YVHAls _ or his
or her designated representative.
By:
Page 35 of 51
14.235
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{06324869.DOCX-2}
Page 36 of 51
14.236
Exhibit E
June 21,2018
This Contribution Agreement as intended to set forth the understanding, but not the legal
obligations^ of the Yampa Valley Housmg Authority ("YVHA"), the City of Steamboat Springs
("Cit/?) and West Steamboat Neighborhoods, LLC ("WSN") -with respect to the process and
terms for WSNto contribute land within tlie West Steamboat Neighborhoods to YVHA
Introductory Matters
B. The Project The Project shall be developed by YVHA to address a targeted housing
need as identified by the YVBA (the "Project"),
D. Responsibilities WSN shall contribute the Property and provide schematic land
pianmng and schematio arcMtectural services. The YVHA shall be responsible for
fmanoing, constcuction maaagement and ongoing property management.
Development Team Selection Process The TVHA shall select a development partnef,
architect, general contractor and/or project manager and ongoing property manager
{00324869.DOCX;2}
Page 37 of 51
14.237
(collectively the "Development Team"). YVHA may submit for consideration itself as
the provider of any one or all of the foregoing services.
Approvals The Project will be reviewed and approved by WSiN for conformance with
neighborhood architectural guidelines (to be developed later). These guidelines will be mutually
agreeable to both parties and will be provided as part of the Development Agreement. The
Development Agreement will include conceptual renderings to provide guidance to the
Development Team,
Process
1. First Step The first step is the execution of this Contribution Agreement to ensure
there is a general understanding as to both the process mid the temis required to proceed,
2, Second Step The second step is the negotiation, drafting, and approval and execution
by YVBA, City and WSN of a legally binding Development Agreement so as to create
binding obligations from the current undersfandings. The Development Agreement shall also
address: YVHA ongoing contributions to and participation in the WSN's Home Owners*
Association. The Development's contribution will be discounted in acknowledgement of its
intended purpose: to develop low income aad/or entry level housmg supply. The HOA fees
shall be one third (l'/3) of the normally assessed per fees per unit and will not exceed $30 per
unit, per month.
3. Third Step .The third step is YVHA selection of the Development Team as provided
in Paragraph E above.
4. Fourth Step The fourth step Is the formal subnuttal (the "Submittal") of development
applications for the Property in order to seek approval from the City pursuant to Its
development review process. The Submittal shall be reviewed and approved by the City.
5. Fifth Step The Fifth step requires -the subndttal of Plannmg and Building Applications
(the "Applications") to the Community Development Department for the project, Planning
and Building permit applications will need to be submitted, reviewed and require final staff
approval. The Applications shall be reviewed and approved bythe City.
6. Sixth Step The YVHA» including any partner or associated entity, shall build and operate
the Project.
7, Non-Binding The parties stipulate and agree that this Contribution Agreement is not
intended, nor shall it be construed or interpreted to create a. binding or legally enforceable
agreement between the parties hereto. In addition, neither party shall rely to its detriment on any
of the provisions hereof and no cause of action. In Jaw or m equity, may arise as a result of this
Contribution Agreement.
{00324869.DOCX:2}
Page 38 of 51
14.238
YAMPA VALLBY HOUSING AUTHORITY
Jason Peasley
Executive Director
Gary Suiter
City Manager
DavidG.O'Neil
Manager
Exhibits
Exhibit A The Property
{00324869.DOCX:2}
Page 39 of 51
14.239
EXHIBIT A TO THE YAMPA VALLEY HOUSING AUTHORTTY CONTRIBITTION
AGREJEMENT
THE PROPERTY
{00324869.UOCX:2}
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Page 51 of 51
14.251
Exhibit. D tjo Ordinance
CONTRIBUTION AiKREEMENt
KECItALS
B. ' ||[ WSN is tlie owner of-g.pproxhrtatoliy 192 acres ,bf land located to the west of
Steamboat Sdfings, "as moi'&. paificularly desbrib^d on EXHIBTT A, attached hereto and
incorporated herein ("Propeity"). i
c. WSN and the City of Steatnboa t Springs (<(Cify") have entered' into an
Annexation 41 i^'eement dated |201_ ("Annexation Agreement") for the
annexation off the Property into the City by | an. annexation Ordinance (as defined in the
Annexation Agreement),
E. Section 3^3 of the Annexation Agreement further provides that WSN contribute
land to the Y^]^A for consfruotion by the YVKA ofjfifty (50) housing units within Oateway and
tliat a bindingl |hgi'eemeflt'pfovidmg for such contfib^ition shall.be entered into witli the YVHA
prior to the Cilg^s approval oftho Annexation Oi'idinahce.
1, Effective Date and Termination.l Thp Effective I?ate of this Agreement slial.I be
the later of: (a]} |fhe effective date of the Annexation jAgreemenf; or (b) the effective date of the
Annexatton 0-}finance as set forth tlwrein. For p" hposes of this Agreement, the Annexation
Ordinance sliai I. not be deemed to be effective i|f on I or before the thirtieth (30111) day foJlowing
final approval! of the Aim^xafion Ordinance | either (a) legal: proceedings are commenced
ch&Ilengjing N Annexation Ordinance or (b) a,petition is subtnitted to the City Clerk for a
referendum on I ie Annexation Ordinance, In ttie evient of a iegal cliallenge and/or referendum,
the effective (^ offhe Annexation Ordinance slialll occur upon final non-appealable resolution
of legal proce^ lings and/oy referendum results! affi 'ming annexation of the Property. If the
Effective Date | IOQS not occur-within ten (10) years |a-fter this-Agreememi; is'fully executed, tills
Agreement sliaB terminate and be of no further fqrce 4nd effect.
(0&340260,DOCX:5i
14.252
.2. || Conveyance of YVHA ParceL 1jVSN shall.convey to YVHA a parcel of laud
wifhm Gat^jvay consisting of approximately two (2) acres as generally depicted on EXHIBrT B
("YVHA P{}i-ceP'), at no cost to YVHA ("^VH^ Conveyance"). TIie YVHA Parcel siiall be
conveyed b^ WSN to YVHA in'a cotidition gener^ly ready for development, with infrastructure,
utilities (in^Jtuding specifically, -water, sower,!elecjht>ic, gas, cabls tv and phone) to witliin tweiity-
feet of the property-and roads to the YVHA FiatceJI complete arid ready for comection, and zoned
as T"4 Neighborhood Center, as dejRned | iu |tlte City ofi Steamboat Springs CommunEty
Development Code ("CDC"), wluch 2oue| dist]rict wiU allow for fifty (50) rental or deed-
restricted f^j-'-sale multi-fainily units on riie Y|VH4 Parcel, or suoli otlier^onmg as deternuaed by.
the City of|teamboat Springs, .Ttie paities a;gi'ee[that the YVHA Conveyance shall be at no cost
to YVHA nd. shaJl not foe subject to any cost reimbuvsement, cojnfdbution or froiisfer fees.
YVHA agf es that it sliall be I'esponsible for any and all water and server tap or connection fees
and other charges and or asse.ssmeiits whioh 8i'e not contemplEited ia the-Annexation Agfeement
and wKickj |u-& directly assessed against suqli pat'cel by the City of Steamboat Springs. The
YVHAPai^ jel will be conveyed to YVHA by.Special Warranty Deed, free and oleaf of all liens
and exicunnE jrances except for general real property taxes for year of closmg (which s!ia£l be
prorated tc^ ||the date of closing based on the mo[sC recent levy mid assessment), "the goveming
documents I fon' the Property (wliich inciudes| die |YVHA Parcel), the plat creating sucli YVHA
Pareel, &oi<]jmonetary encumbrances of roco^d as ! of the date of tliis Agreement, aud such otiier
reasonable, jixcepfions to tide as are applicable to jthe .Property and the YVHA Parcel. Except for
the -warraoi ^es of .title contamed in the Specialj Warranty' Deed, the YVHA Parcel sliatl be
:;.!
conveyed ^ AS-IS conditions without any wat'ranties regarding the physical condition of the
property oij^ny 'warranties ofhabitabitifcycir Sitne^ for a. pardcurai' purpose. Conveyance of the
•YVHA. Pafljiel sfaall oco.m' not later than- two (2) business days of fee filing of a plat of.Hie
Gateway ^ |rcel for the 55111 lot within <3afewa^. Any title insurance tees related to suph
conveyance shall be the j.'esponsibiUty ofYyHA.' Any and all normal and customary ciosi.ug
costs sh&ll e shared equally between-YVHAlajidJWSN. ,':•,•.
1 I . . ' . . . ,
Consiste»ov 'with. the. West S.teaniboat Neighborhood ReKulatms: Plaa and WSN
Ai'olntectuu I Guidelines... In coujunctiott witli tlie Amiexation, tIie.Cify will approve a do.cuineflt
esfablishiuj the density, uses, pattefus, "open sj^ace.and pm'ks, and primaiy streets 'and their
general lot itions for the.Propeily, whldi mdhd^s the YVHA Parcel .("Regulattog PJaii").:. Tiie
YVHA Parcel, shall be zoaed as T4-Nei|^iboirliood Cenfejt, as defined ui. the CDC aud
development of the YVHA Parcel shall be .genprally consistent •with the Regulating Plan, as
variances t^ .such Regulating Plan may b& :gta£t|ted by tlie City. Tlie YVHA Parcel shall be
conveyed s[|bject fo such reasonable covenants and accNtecturat guidelines as may be imposedlby
WSN, provided that such covenants and ai'chtteCitural guidelines aire reviewed and appi:dve'd by
YVHA, wljHcli approval sliall not be mireasoHabI^ withheJd. "Any WSN association declm'atiou
shall not uj|reasonably resfdot or hinder the iaiitic?jipated development of housing by YVHA and
suoli cove^nts shall provide for votitig riglits m| which the; number of votes .are commejisurate
.wife the nutlibejr of units assessed, and access|to c^nununity ainenitles is otliei'wise commensufate
witii that o: I other owiien's withm the Property, ^tny .transfei* of sale .of tlie YVHA Parcel that is
subject to tj |e Right of First Refusal set forth iu Section 7 below ("UnaflSliated- Party Sale"), sliaU
i-equire th&| jsuccessor owner to be subject'to co^euanfs and arc;lutectm'a.I guidelines as may be
imposed b^ ||WSN, in its sole (Hscretion and all proposed improyeinejits shall be subject to WSN?s
prior revie^ • and approval in its sole discretiou, It|is'mtended tliat a syccessor owner as a result of
an UnaJRRJi) jted Paily Sale shall uot have any right's of revi&w and approval of covenants and
architecture 1, guidelines that may be imposed by ^SN.
{OD340260.DO iXS} 2
14.253
enticefy of ^ jje Property, provided .that. the -association assessments shall be discounted m
acknowledgpil ^ent of the VVHA intendGd purposej to develop low income, and/of entry level
housing supp( j/. The- association assessments to be paid ill relation, to ttie YVHA Parcel shall be
not greater tlij |n one third (1/3) of the normal ^ssesjsi i^ments per uni^; and will'not exceed $30 per
unit, per mon(j 1 during'the firsFt year (as adjusfet} for |{the difference in. Consumer Price Index - All
Items-Denverl KCPI Index) between the Effeetivej Date and the. <iate that such assessments
commence).
6. Development Team Seleotlon F^ocebs. YVBA sUall consult wifii WSN regarding
selection by ^VHA of g. development pai-tner, archifectj general coHfrgctor' and/or project-
manager and jingolng property manager (<;olle4tivel|y the "Developinent Team"); however, snoli
selection shaljbe.in YVHA^s sole discretion. YVHJA may servers provider of any one or all of
.tlieforegomgE ervices.
7. Right of First Refusal, If, at any time, .YVHA receives a bona .fide third-party
offer to' purcl^se or otherwise acquire title to the YVHA Parcel as raw. land, any obnti'act which
tnay lie enter^U into between YVHA'gnd such bona|fide purchaser. shaU specifically provide that
thetransa&tio^shalIb&subjeottothefollbwtngRigb^.ofFirstRefusal: ' • • •
a. In the event tliat YVHA enfters into suoh conh'act 'with a bona' fide
tlurd-^arfy.put'cliaser, WSN shall have jthe ^rior.righfc to purchase and acquire title to the
YVH^L Parcel as_ described in such cbntrdct, ftpon the: same terms and conditions'as,
there^ji provided bi, at WSN'sqption> for cash.. ^ . . . :
c. WSN's failure to pi-operty oi| timely exercise WSN>s Right of First Refusal, or
WSN s written disclaimer of such riglit, siiall.be deemed -a'waiver and cancellation of
such Light of First Refasftl if the proposed) sale and conveyance to the'same.bona fide
third- jarty purchaser is consummated. Jf.fli^ proposed sale and conveyance to the. same
bona |ide third-party purchaser is 'nofi consufnmated, the Right of.First Refusal herein set
forth i ^iall not be deemed waived or cancelled but shall.remain in full force and effect
{00340260.DOGX;
14.254
d. If'any offer made by YyHA according to thb tenA^-a'nd pbnditioris liereiu.
stated is rejected of is allowed to expiri without accejptanc?. by ,WSN, WSN agrees,
witt|hi five (5) days after receipt of a written request frdm.YVHA^ to give to-YVHA or to
any j third person YVHA shall desiguat^e, a written statement properly signed aud
bwledged in n'ecordable form that;
a.ck'
(ii) said offer has been rej ;cted by WSN or lias been allowed to expire.
e, YVHAorany desigitated'^iirdj-parfy.persoitnnay rely up'on'such'statement by
ws: p as evidence pftlie submission ^nd ijejoction or expu'attou' of a valid offer in^de to
WS|I pursuant to and in accordance with this Bjglit ofPirst R.eJEusal
f. .The parties hereto agree that a tj'ansfer ofth&TVBA Paroel shall be made Qnly
aft^ compliance -with all oftlie provlsioi^ of tins Right of Fi.ist Refusal, except that fhe
foll< |wing tratisfers sliall be exempt from ^he-terms and condUions of this Riglit ofFn'st
M
thisl
Hsal to .the extent hsrem provided land object to all the other terms and conditions of
jR.ightof3?u*stR.eJEusal: , • ' |
(ii) transfer offesldential .lousuig units oi* lots withmfhe YVHA Pai'GeJ..-
' . ' (Hi) ati'ansferby forsolcfswe or deed m lieu of foreclosure to any bona
fide mortgagee or deed of tru^t .beneficiaty holding a first or second Uen.on .the
YVHA Parcel, which.shaflbe|deei^ed to eUmmate such Right .of JFirstJR.efusaI. -
(i) a gale of the ejitire YVHA Parcel to: WSN pursuant to the exercise .of
tJie Right of First Reftisal, as;iierc{iu provided, ^aiid upon compliance by YVHA
•with all of the terms aad conditions of this Right .of First Refusal; or'
(ii) a sale 'of the entire VyHA Pflroel to any person other than WSN or
those persons itientioned above pu^suaut to and ;upon cojnpliance 'by.YVHA with
all of the terms and conditious| offliiis Right of First Refiisal; or
(ill) completion of construction of muJti-famity housing units on the
YVHA Parcel as evidejaded by aj certificate of. occupancy issued by the local
building depaifmentj or |
{flp34C^60.DO^ :5)
14.255
(iv) mutual written jagre^ment ofYVHA and WSN to terminate this
Right of First Refusal. I .
t
i. Upon termination of this Rijght of Pirj?t Refusal as set forth above, WSN
agreeg witlun ten (10) days after receipt c!f a written request from YVHA, to give to
YVH^ ^ or to any third person YVHA sliali designate, .a written statement properly signed
and Anowledged in recordable fonn m^ioating that tlie Right of First Refusal is
tennis ated end of no further force and ejtfectl
(a) ' Bindine Aei^ement. • JTliis| Agreement ;and the rights and obligations'
hereuuder •sh4P mn with the Property and shall b^ binding upon and inure to the benefit and
burden of the||parties hereto and their respective /h41rs> fiuccegsors and assigns. .Nothing'm this
Agreement e: jpress pr.implied, is intended to confer any .rights orremedies on any third person or
entity other (}tan the parties hereto and tlieir'respective heirs,: sncce^sors and- assigns. This
Agreem'ehtsli ^11 be recpi'ded 'inthe Rouit County Cl^rk and Recorder's dffics. •
(c) Govfermng Law. 1'his Agf'eement wiU be govismed arid regulated, and
the rights andj liabilities of all p'aiities hereto will fae Jcionstrned in accoj'dance wif:li the laws offhe
State of Coloii ^do, with exclusive jurisdiction and vehue in Routt County. ". .' '
(e) Captions. The captions :arid Jbieadfngs used in this Agreement are inserted
for convenien' 'e only and shall not constitute a'p;ar£ Hhereof.
(f) ' Severability. In .the event tliat any one or more provisions contained in.
this Agreemei^ should for any reason be held to jbe. invalid, illegal or unenforceable in any respect
under the iav^ of any government or by any .^qyeijnme'ntal -agency, such urienforceability shall
not 'affect anyjj her provisions of this Agreement:. T^i tlie event that any provision hereof shall be
held .inwlid, 1 legal or unenforceable: the parties,sl^all use. all reasonable efforts to,substitute a
valid,, legal ai^^1 enforceable provision which, jnsbf^i* as praotical, .implements the purposes and
{00340260.DOCX^
• 14.256
intents hei'ei if,
(h) Notices. Any uoticejtb b\Q given to any party pursuant to aay provision
of this Agi'^ cement shall be un wi'jtmg and shall be| (i) baud deliv6t'ed to such party, or (ii) sent by
PedEx or (fflier nationally-fecogtiized overnight ({om'ier sei'vice to flie address of such party set
forth belcwi |(fee prepaid and marked for nextibusi;n.ess day'delivery), and, if .hand delivered, shall
be deemed received when delivered, and |if s^nt by FedEx or othBf uationaUy-recoguized
overnight (^ )urier service, shall be deemed reeeiveld one busin.ess day aftei' liavmg been deposited
with FedE?S or ottier n^tianally-recognized o:veilu|iglit courier service if desiguated for next day
delivery, a^l :ressed as follows: I
(i) • ' -Time is-Qfthe..Essfence. *he Parties hereby acknowledge and. agree that
time is of :he essence in performing tlie.fpspe; sfive-duties and pbligafions descubed ifl tills
Agreement
0) ' 'Default . ?
(i) , Default by WSN.I , III the event: :WSN fajls to perform any of its
covenants or agreements Itereuudjsr, and faib to cure the same within thirty (30)
days followittg .written notice ofj such default, or, if the default is sucli that it
cannot be cured within, sucli SO^'day period fails to (HHgently proceed, to cm'&
^itliin swh time, then WSN shall be deemed to be in default under this
Agreement. In tho event o^ any| such default by WjSN, YVHA siiall liave all
rights and remedies available a|£ law or equity aritsing tiwrefrom, incjuding
without liuutatlon, damages aud specific peiformance. TJie .Parties agree that, in
those instances where in'eparablejhami would result fi'om an act or.omisslojii of
WSN, 111 addition to any other reinedies available at law or equity, TVHA shall
be entitled to injunctive reMefto pqulre 'WSN|s performance hi connection wtth
the undertakmg or completion of].any obligatious pursuant to th^S Agreem'ent to
remedy sucli harm or to requijre ^fSN's cessation of any such action causing suoh-
harm. - -I
{003402^0.DO^X;5)
14.257
cannot be cured within sucJbuSO-^ay period fails to diligently proceed to cure
within such time, then YVHA ^hall be deemed to be in default under this
Agreement, la the event bfianyjsuc.Ii default by YVHA, WSN shgll Jiave ali
rights and remedies available atj law or equity arising tlierefi-om, including
without limitation damages and sfjecific perfoimance. The 'Parties agree that, m
those instances where irreparg.ble ]harm would result fi'om an act or omission of
YVHA, in addition to any otlier remedies available at law or equity, WSN shall
be entitled to injutictive relief to) require YVHA*s perfoiinance m connection
with the undertaking or completion of any obligations required pursuant to this
Agreement to remedy sucli lHami or to require YVHA's cessation of any swh
action causing such harm.
.(!<) Costs of Leeal Proceedi'n^. To the extent any legal- action or proceeding
jeea the parties arising from or Jb'asej:!. on this Agreement or ftie mterpretation or
I'cfa-nerit'ofany provisions herecjf is | undertaken^ &en the substantially prevailing
or parties shall recover from title siibstantially non-prevailirig party or partids all
and expenses, including reasonable attorneys' fees, jincurred 1?y such substentially
filing party or parties in such action ^t proceeding and in any- appeal m oonneotio.n
/ith. • If such substatitially prev^ilm^ party or parties recovers a judgment in any
!|action, pmceeditig or appeal, then sujsh costs, expenses and attorneys' fees shall be
led in and as apart ofsuchjudgnient.
IN ^ WITNESS WHEREOF, the YVHA and WSN have executed this Agreement as of the
date set fortH I above. I
^sley, ^ecutiv^fi^cector
STATE OP 1 ;OLORADO .)
)ss.
COUNTY 0 ?R0UTT )
The foregoui1^ instrument was ackao-wledged b,efor4 me this 3
day of 2019, by
Jason PeaslejI as Executive Director of the Yacjipa Valley Honismg Authority
3ABH^-~^-'M^|§~"'7
.• • Ji.i'iU
S;-.. .:,-.i'.i;.'^do
otai'vr- • •OOti--U).'l3142
•MyC(j nrfii.-ii;. '. '.Pi<e • 'O^P-2022^
ABRlNA K-^AMES .
'Noiary Public
State of Colorado
'^i ,t9ry I'D ^ 2006404314Z_
MVC^ ^lasion Expires 10-20^02^
{0034026Q.DOC^ 5}
14.258
WEST STEJ IMBOAT NECTBORHOCte^LC, a Colorado limited liability company '
STATE OF ffOLORADQ ) .
1 \ ) 53.
COUNTY icj}?^fy\\fY\ry )
The foregoitl instrument was acknowledged befori : me this \VJ?; 4ay of,s@^/l?^ 2019, by
David G. 01 ^eil: as Manager of West Steamboat N' ighborhoodS) LLC, a Colorado limited
liability comj ^any.'
'..^
{00340260.DOCT
14.259
jeXfflBITA
Legal Description ol?ths "JProperfy"
A
{003402?.DOC^
14.260
.raaiBTTB I
Regulating Plan deRictirig ccfVHAParcef
(00340260.DOC%|§)
14.261
PROPERTY DESCRIPTION
ANNEXATION PARCEL
A PARCEL OF LAND LOCATED IN THE W-l/2 SECTION 1 AND IN THE E1/2 SECTION 2, TOWNSHIP 6 NORTH, RANGE 85 WEST OF
THE 6TH PRINCIPAL MERIDIAN AND IN THE SE1/4 SECTION 35 AND IN THE SW1/4 SECTION 36, TOWNSHIP 7 NORTH, RANGE 85
WEST, 6TH P.M.; COUNTY OF ROUTT, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASES OF BEARINGS:
THE WEST LINE OF THE NW1/4 SECTION 1, TOWNSHIP 6 NORTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING
MONUMENTED ON THE NORTH AND SOUTH ENDS BY A 3" BRASS CAP STAMPED U,S. GENERAL LAND OFFICE 1913, AND BEARING
NOO°14'16"W BASED ON NAD83(2011) US STATE PLANE COLORADO NORTH ZONE GRID NORTH.
BEGINNING AT THE W1/4 CORNER OF SAID SECTION 1, SAID CORNER BEING A CORNER OF THAT PARCEL OF U\ND SHOWN ON
THE WEST STEAMBOAT ANNEXATION MAP PHASE II AS RECORDED IN FILE NO. 10797 !N THE ROUTT COUNTY RECORDS;
THENCE N88<159'30"W, ALONG THE SOUTH LINE OF THE SE1/4 NE1/4 OF SAID SECTION 2 AND ALONG THE BOUNDARY OF SAID
WEST STEAMBOAT ANNEXATION MAP PHASE II, A DISTANCE OF 286.71 FEET;
THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS. OF 690.00 FEET, A CENTRAL ANGLE OF
U°07'01", AND AN ARC LENGTH OF 170.01 FEET, THE CHORD OF WHICH BEARS N10°52'07"E, A DISTANCE OF 169.58 FEET;
THENCE N17°55'38"E, A DISTANCE OF 129.70 FEET;
THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 480.00 FEET, A CENTRAL ANGLE OF
44°17'33", AND AN ARC LENGTH OF 371.06 FEET, THE CHORD OF WHICH BEARS N32°42'27"W, A DISTANCE OF 361.89 FEET;
THENCE N10<'33'41"W, A DISTANCE OF 173.89 FEET;
THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 320.00 FEET, A CENTRAL ANGLE OF
16°46'27", AND AN ARC LENGTH OF 93.68 FEET, THE CHORD OF WHICH BEARS N18°56'54"W, A DISTANCE OF 93.35 FEET;
THENCE N27°20'081TW, A DISTANCE OF 167.45 FEET;
THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1180.00 FEET, A CENTRAL ANGLE OF
20°31'52", AND AN ARC LENGTH OF 422.83 FEET, THE CHORD OF WHICH BEARS N17°04'12"W, A DISTANCE OF 420.58 FEET;
THENCE N06°48'16"W, A DISTANCE OF 116.62 FEET;
THENCE ALONG THE ARC OFA TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 930.00 FEET, A CENTRAL ANGLE OF
05°05'44", AND AN ARC LENGTH OF 82.71 FEET, THE CHORD OF WHICH BEARS N04°15'24"W, A DISTANCE OF 82.68 FEET;
THENCE N76°03'35'W, A DISTANCE OF 315.00 FEET;
THENCE N82°09'02"W, A DISTANCE OF 115.62 FEET;
THENCE N76°32'12"W, A DISTANCE OF 231.19 FEET;
THENCE NOO°31'22"E, A DISTANCE OF 183.35 FEET;
THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 680.00 FEET, A CENTRAL ANGLE OF
33°54'40", AND AN ARC LENGTH OF 402.46 FEET, THE CHORD OF WHICH BEARS N17°28'42"E, A DISTANCE OF 39G.62 FEET;
THENCE N34°26'02"E, A DISTANCE OF 132.85 FEET;
THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 720.00 FEET, A CENTRAL ANGLE OF
56046'32", AND AN ARC LENGTH OF 713.46 FEET, THE CHORD OF WHICH BEARS N06°02'45"E, A DISTANCE OF 684.63 FEET;
THENCE N22°20'31'W, A DISTANCE OF 107.04 FEET;
THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 630.00 FEET, A CENTRAL ANGLE OF
45°09'02", AND AN ARC LENGTH OF 496.46 FEET, THE CHORD OF WHJCH BEARS NOO°14'00"E, A DISTANCE OF 483.71 FEET;
THENCE N22°48'31"E, A DISTANCE OF 127.92 FEET;
THENCE ALONG THE ARC OF TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 320.00 FEET, A CENTRAL ANGLE OF 10°19'12",
AND AN ARC LENGTH OF 57.64 FEET, THE CHORD OF WHICH BEARS N17°38'55"E, A DISTANCE OF 57.56 FEET;
THENCE N12C29'19"E, A DISTANCE OF 359.55 FEET;
THENCE S88°46'32"E, A DISTANCE OF 982.65 FEET TO A POINT ON THE WEST LINE OF THE SW1/4 OF SAID SECTION 36, SAID
POINT BEING A POiNT ON THE BOUNDARY OF FIVE FORTY SUBDIVISION AS RECORDED UNDER RECEPTION NO. 583836 AND IN
FILE NO. 13255 IN THE ROUTT COUNTY RECORDS;
THENCE ALONG SAID BOUNDARY OF F!VE FORTY SUBDIVISiON THE FOLLOWING FIVE (5) COURSES:
1. S01°13'28"W, ALONG SAID WEST LINE OF THE SW1/4 OF SECTION 36, A DISTANCE OF 779.87 FEET;
2. S85°03'49"E, A DISTANCE OF 1273.72 FEET TO A CORNER OF THAT PARCEL OF LAND DESCRIBED IN CIT(f OF STEAMBOAT
SPRINGS ORDJNANCE AND TITLED WEST ACRES PARTNERSHIP AND JOHNSON ENTERPRISES, RECORDED IN BOOK 677 AT
PAGE 774, AND SHOWN ON THE WAYSIDE ANNEXATION MAP AS RECORDED IN FILE NO. 11236 IN THE ROLJTT COUNTY
- RECORDS;
3. SOO°25'51"W, ALONG THE BOUNDARY OF SAID PARCEL OF LAND DESCRIBED IN CITY OF STEAMBOAT SPRINGS ORDINANCE
AND TITLED WEST ACRES PARTNERSHIP AND JOHNSON ENTERPRISES, A DISTANCE OF 649.36 FEET TO THE NE CORNER
OF LOT 4, SAID SECTION 1;
4. SOO°44'02"E, CONTINUING ALONG SAID BOUNDARY OF THAT PARCEL OF LAND DESCRIBED ]N CITY OF STEAMBOAT SPRINGS
ORDINANCE AND TITLED WEST ACRES PARTNERSHIP AND JOHNSON ENTERPRISES, AND ALONG THE BOUNDARY OF SAID
WEST STEAMBOAT ANNEXATION MAP PHASE 11, AND ALONG THE EAST LINE OP. SAID LOT 4, SECTION 1, A DISTANCE OF
1348.07 FEET TO THE SE CORNER OF SAID LOT4, SECTION 1;.
5, SOO°44'02"E, ALONG THE BOUNDARY OF SAID WEST STEAMBOAT ANNEXATION MAP PHASE II AND ALONG THE EAST LINE OF
. THE SW1/4 NW1/4 OF SAID SECTION 1, A DISTANCE OF 1348.07 FEET TO THE SE CORNER OF SAID SW1/4 NW1/4 OF SECTION
1, SAID CORNER BEING THE NORTHEASTERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN CiTY OF STEAMBOAT
SPRINGS ORDINANCE AND TITLED BROWN, RECORDED IN'BOOK 677 AT PAGE 774, AND SHOWN ON THE WAYSIDE
ANNEXATION MAP AS RECORDED IN FILE NO. 11236 IN THE ROUTT COUNTY RECORDS;
EXHIBIT
NDMARKl
PROJECT: 2453-001 SHEET
ANNEXATION PARCEL
DATE; 9-28-18
•CONSULTANTSTINCr LOCATED IN THE W1/2 SECTION 1 & IN SECTION 2,
DRAWN BY:. JAG T6N, R85W, 6TH P.M. AND IN THE E1/2 SECTION 35 & 14.S62
THE SW1/4 SECTION 36, T7N, R85W, 6TH P.M.;
www.landmark-co.com CHECKED BY: COUNTY OF ROUTT, STATE OF COLORADO Of 4 Sheets
THENCE N88°04'31"W, ALONG THE SOUTH LINE OF SAID SW1/4 NW1/4 OF SECTION 1 AND ALONG THE NORTHERLY BOUNDARY
OF SAID PARCEL OF LAND DESCRIBED IN CITY OF STEAMBOAT SPRINGS ORDINANCE AND TITLED BROWN, A DISTANCE OF 81.52
FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL OF LAND DESCRIBED IN CITY OF STEAMBOAT SPRINGS ORDINANCE
AND TITLED BROWN;
THENCE S21°29'15"W, ALONG THE WESTERLY BOUNDARY OF SAID PARCEL OF LAND DESCRIBED IN C\TY OF STEAMBOAT
SPRINGS ORDINANCE AND TiTLED BROWN, A DISTANCE OF 581.39 FEET TO THE SOUTHERLY CORNER OF SAID SAID PARCEL OF
LAND DESCRIBED IN CITY OF STEAMBOAT SPRINGS ORDINANCE AND TITLED BROWN, SAID CORNER BEING A CORNER OF SAID
WEST STEAMBOAT ANNEXATION MAP PHASE II;
THENCE ALONG THE BOUNDARY OF SAID WEST STEAMBOAT ANNEXATION MAP PHASE II THE FOLLOWING FOUR (4) COURSES:
1. N57°50'18"W, A DISTANCE OF 88.00 FEET;
2, N56°20'33"W, A DISTANCE OF 471.95 FEET;
3. ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1221.00 FEET, A CENTRAL ANGLE OF 27°39'00",
AND AN ARC LENGTH OF 589.24 FEET, THE CHORD OF WHICH BEARS N67025I16"W, A DISTANCE OF 583.54 FEET;
4. NOO°01'46"W, A DISTANCE OF 49.49 FEET TO THE POINT OF BEGINNING;
SURVEYORS STATEMENT
I, JEFFRY A. GUSTAFSON, A LICENSED SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE
PROPERTY DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF
MY KNOWLEDGE AND BELIEF, ARE CORRECT.
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LINE TABLE CURVE TABLE
LINE BEARING LENGTH CURVE LENGTH RADIUS DELTA CH. BEARING CH.LENGTH
L1 S88059'30"E 286.71'
C1 170.01' 690.00' 14°07'01" N10°52'07"E 169.58'
L2 N17°55'38"E 129.70'
C2 371.06' 480.00' 44°17'33" N32°42'27"W 361.89'
L3 N10°33'41"V\ 173.89'
C3 93.68' 320.00' 16°46'27" N18056'54"W 93.35'
L4 N27°20'08"V\ 167.45'
C4 422.83' 1180.00' 20°31'52" N17°04'12"W 420.58'
L5 N06048'16"V\ 116.62'
C5 82.71' 930.00' 5°05'44" N04°15'24"W 82.68'
L6 N76003135"V\ 315.00'
CG 402.46' 680.00' 33°54'40" N17°28'42"E 396.62'
L7 N82°09'02"\A 115.62'
N06°02'45"E
C7 713.46' 720.00' 56°46'32" 684.63'
L8 N76032'12"V^ 231,19'
C8 496,46; 630.00' 45°09'02" NOO°14'00"E 483.71'
L9 NOO°31'22"E 183.35'
C9 57.64' 320.00' 10°19I12" N17°38'55"E 57.56'
LH N22°20'31"V\; 107.04'
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TRANBECT ZONES
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ELaleCTCCliRipsHsnCcmdadOauii)
t Slfiels, tfsits, and p3mlslctsi^Sed on this fiHaftansftkislisVive only. SpewfckK3[xui. afenffhs/ri, and
cl3S5Wc3twmshs1fli6?\-Sei\rfdfffrcofT^SafKe h?h Crf^^rt^frffe/ fh& tifflie otsuhffAiofl apfijcal'c/^
SECONDARY PARKS AND OPEN SPACE
2. Tediity parity yscn conitErt*MA sad schoo) parttand 31-? noi inchd-d Off /Ae flegutifj'n? F^rv
Heighborhocd Psrfu. {3 t haww, ?ty iriff to </^3?d Jki the subifiwfaa p^ts aivl urJt incrEasff ths ws) ^rasge at eHKtf/o
pa/is awJopffa space.
.14.266
Exhibit E to Ordinance
KECITALS
A. WSN and the City of Steamboat Springs ("City") have entered into an Annexation
Agreement dated January_, 2019 (the "Amiexatibn Agreement") for the annexation iutp the
City of approxhnately 1.92 aci'es in the. West Steamboat Neighborhoods, as more parfciGuIai'Iy
described in the Annexation Agreememt (the "Property^).
C. Section 3.4 of the Annexation Agreement -further provides that Wi3N sliall :set
aside twelve acres for conveyance to the District for construction pfaschpol and enter into an
agreement with the -District setting forth the terms of a conveyance of real property to the
Districf, prior to the City's approval of the Annexation Ordinance (as defined in the Annexation
Agreement).
NOW, THEREFORE, for and in consideration of the foregoing premises and the mutual
covenants set forth below, the Disti'iet and WSN agree as follows:
1. Binding Date and Effective Date. This Agreement shall be binding upon the
parties on the date of signing this Agreement by both Parties. The "Effective Date." of this
Agreement shall be the later of (i) the effective date of the Annexation Agreement, (ii) the
effective date of the of the Aiui^xation Ordinance, (iii) if the Annexation Ordinance is challenged
ui court, the .date of final resolution of such litigatibh, including appeals, provided fhat the
Annexation Ordmance. is sustained by such fmal resolution, or (iv) if a referendum election is
held on the Annexatxori Ordinance, the date of the favorable vote of the electorfi sustaming the
Annexation Ordinance. If the Effective DatQ doles not occur within ten (10) years after this
Agreement is folly executed, this Agreement shall be automatic.ally terminateci.
^
2. Grant of Option. Subject to the provisions of this Agreement, WSN hereby grants
the District the optioirto purchase (the "Option ), for the purchase price of $100.00, the parcel of
mlhjaproved land consistmg of approximately twelve (12) acres legqlly described on Exlubit A
(the 'Land") and,attached hereto,
3, Use of Land. In the event that tlie District acquires the Land pursuant to the
{,Cl634p^46-DpG';2} - .1 -
14.267
Option, the deed to the La°nd shaU provide (i) that the Land may only be used as a PK-8 school or
an elementary school at the option of the District to be available to all children in the District (the
"School"); (u) if the District has not passed a Bond issue or begun construction of a school
witliin ten (10 years) after the conyeyauce of the Land to the District, the Land shall revert to
WSN to be reserved for a public purpose acceptable to WSN and the City such as open space,
day care facilities, a school, a park, or affordable housing and (iii) the District shall control the
location, structure and name of the School that would occupy the Land. However, tiie District
agrees that the stmeture of the School will generally be consisfent with the design and strycture
of the existing Soda Creek Elementary school. Prior to and after the c.pnveyance of the Land to
the District, with the exception of the restrictions contained iri this Paragrapli, the District shall
be the sole decider of tlie Use of the Laud. Land may be not be used for any pvuposes except
purposes approve.d by the District. In the event that (i) the District does not acquire tile Land on
or before ten (10) years after tlie Effective Date, (ii) the District acquires the Land but does not
use it for the School within a minin'ium period, of 20 years or witlun 10 years after tlie
infrastructure improvements, as defined below, have been com[pleted to a point north of the
Land, whichever is longer (iii) the District never acquires the Land and WSN contmues to own
the Land tpn (10) years after the Effective Date, or (iv) WSN exercises its right to contribute the
Land to the City (as s.et forth below), then the Qwner of the Land may only use it for a public
purpose acceptable to WSN and the City such as open space, day care. facilities, a school, a park,
or affordable housing. "Infrastructure Improvements" shall mean tlie inst.allation and acceptance
by the City of water lines, sewer lines, gas luies, electric lines, broadband and telephone lines,
.access roads and pther unprpyements necessary to access and serve the Slate Creek
Neighborhopd to a location adjacent to the norfcheriy boundary of the Land.
4, Exercise of the Optiofi. The Option way only be exercised by the District during
the Option Period as defined below. Initially, the Option Period shall begin on the Effective Date
and extend t^n (10) years thereafter or ten years after the completion of the lafrastructure
Improvements, wtiich'ever is longer (the Option Period). In exercising its Option, the District
shall first give written notice of .its intent to exercise its Option 120 days prior to its exercise of
fcbe Option, During fhe period consisting of 120 days after such written notice of intent has been
given from the District that it is .exercising its Option, WSN shalL take all actions necesfiary fo
insure that the Land is free and clear of any mortgage or debt fmancmg or any othor public or
private debt and xise its Best Efforts, as defined below, to remove any other liens, encum.brajaces,
title defects, t»r easements, except liens, encumbrances^ title defects or easements approved by
the District. Upon exercise of the Option by the District, the Land shall be conveye.dBy Special
Warranty Deed from WSN to the District. At the time of sudi conveyance to the District th.e
Land shall be free and clear of any mortgage or debt finanGing or any other public or pnyate
debt. If after WSN's Best Efforts, 1th& Und is not fr@e ^nd clear of all liens, etipumbfaflces, title
defects, except for except liens, encuhibrances, title defects or easements approved by the
District, the District may, at its option, grant an extension to remove such liens, eu5umbrances,
title defects or easements prior to ponveyance, accept the Lalid with such lieiis, encumbrances,
title defects or easements or fehnihate this Option Agreement. Best Efforts shall mean WSN's
reasonable .efforts prior to cQnveyance to the District to remove such lnens, encumbrances, title
defects or easements, from the Land but m ho event shaU it require WSN to spend in excess of
{00340246-,DOC:2} - 2 *~
14.268
$50,000 m such efforts. IfWSN lias not dedicated the right of way from Highway 40 to the Property at
such time as the Disttict is ready t.b begin cohstryction of ,a Scliool on the. Property, WSN agrees £p
convey an access easement to the District with a width sufficient to provide legal access to tb.e Property
and sufficient to build and operate a scliool on the Property.'
5. WSN Right to Convey Land to Citv; WSN shall have the right to convey the
Land to fh6 City at aiiy time, subject to the obligations of WSN provided in this Option
Agreement, in which event the City shall succeed to the rights and assume the obligations of
W.SN cdntaine.d in this Agreement
6. Apeemetit Runs witli the Land. This Agreement (mclziding but not limited to the
Option and the rights 'alid .ofeligations contained herein shall run with the Land and be bitiding
upon all owners of the Land and their successors and afisigas fi'Qm and after the Effective. Date.
7. Condition of.the Land. WSN shall have no obligation to improve the Land or any
land adjacent to pr affectmg the Land, The District shall be aUQwed to use without contribution
or cost reimbursement to WSN, all Itifrastmcture Improyemeints iiicludmg, utilities and road
cpimectipns as fflay exist at the fime that the District develops the Land. The District sliall be
responsible .for all other services amd activities associated with the deyelopment of the Land,
including but not limited to due diligence, soils investigations, and any improvements to
Highway 40 or other inirastmcturi? that. may be @ssdciated -with tlie District's use of the. Land.
WSN is providing no l'6preseiitations or warranties as to any matters relating to the Land,
including but not lunited fo, fitness for any intended use.
8. Miscellaneous.
(a) Binditiff Agreement. Tills Agreemetit and the rights of the parties
hereuuder are binding upon and inure to the benefit of the parties hereto and their respective
heirs and successors. Nothing in this Agreement, express or implied, is intended to confer any
rights or remedies on any person or entity other than the parties hereto and their respective lieirs
and successors.
(c) Govemmg Law; This Agreement will be governed ;a:nd regulated, and the
rights and liabilities of all parties hereto will be construed in accorddfice with the laws; of the
State of Colorado. : . • : .
{Q(3340246.DOC:2} - 3 -
14.269
^
(e) Captions. The captions and headings used in this Agreement are mssirfced
for convenience only and shall not constitute a part hereof.
(f) Severability. In the event that any one or more provisions coritaitied in
this Agreement should for any reason be lield to be invaUU, illegal or unenforceable m any
respect under the laws of any govermneiit or by sny govemmental agency, such unenforceability
shall not affect any other provisions of this Agreement. In the event that any provisiion hereof
shall be held invalid, illegal or unenforceable tlie parties shall use all reasonable efforts to
substitute a valid, legal and enforcealale provision which, insofar as pra'ctical, implements the
pui-poses and intents hereof.
IN WITNESS WHEREOF, the District and WSN have executed this Agreement as of the date
set forth above,
By ^J>i^
Brad M&elcs, Superintendent
STATE OF COLORADO )
) ss.
COUNTY OF ROUTT )
IT
The foregoing mstrument was aclaiowle-dged beforet]liS<3^
me thisc/^ day of^^CV^A^, 2019,by
Brad Meelcs as Superintendent of Steamboat Springs RE-2 School District.
D&.'OHAH W Girj£.^TA
MQWF^UG -
sw^or^o^'^'y
,-;OT^Ry!D^)3iC&3cy Notary Public
[>}YCO^)i^l^i S^K; OSTODm?, 2-2]
{0034024:6.DO.C:2} 4 -
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DATE: 1-23-19
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DRAVillNsnLENAME:P;1Z453-DOIlDWCs)Ptoituc!IonOrat'(iitsslE)(htbi]syd5i-OUl.SchocIE<hIl)lt,drfg UTOUJNAMelA DATE: Jan 23,2013.12:5Zpni CAD OPERATOR: Erik
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Exhibit A
LTG Policy No, LTSI30007229
LEGAl DESCRIPTIOHI
PARCEL A:
LOTS 1 THROUGH 14, INCLUSIVE, FIVE FQRTV SUBDIVISION, ACCORDING TO THE PLAT MAP
RECORDED MAY 28, 2003 UNDER RECEPTION NO. 583836, COUNTY OP ROUTT, STATE OF
COLORADO.
. PARCEL B:
LOT 15, FIVE FORTY SUBDIVISION, ACCORDING TO THE PLAT MAP RECORDED MAY 28,
2003 UNDER RBCEPTION NO. 583836, COUNTY OF ROUTT. STATE OF COLORADO,EXCEPT
THOSE PORTIONS DESCRIBED IN THE DBEDS RECORDED APRIL 32, 2004 UNDBR RECEPTION
NO. 600221 AND 600222.
14.281
fx^WjL
ExhibitB
!EFILEU Documeijt
CO Rontt County District Court 14H)JD
»ettiemie?it Agreement and Mutu®l"IMesiw 2003 S^OIPMMDT
fiTting fDT72T74b 71
Review Clerk; Catherine Carpenter
L Parties.
The Parties to this Amended and Restated Settlement Agreement and Mutual Release (the
AgreeTrient") aire:
Routt County Rifle Club and Steamboat 700 are referred to collectively in this
Agreement as the "Parties.7"
The Agreement shall become effective upon signature by both Parties. Wis Agreement
shall supersede-the prior Settlement Agreement and Mutual Release executed by the parties and
made an order of the Court dated September !4, 2008. The parties shall HIe a Joint motion with
the Court to substitute this Amended and R&slated Settlement Agreement and Mumal Release in
place of the Settlement Agreement arid Mutual Release adopted by Court Order dated Septeinber
14, 2008 in This case.
IB. Recitals,
A. A dispute Jias arisen between the Parties regarding the noithem and eastern
b.oundaries of real property owned by ihc Routt County JUfle Club ("Disputed Property");
B. The Routt County Rifle Club commenced Routt County District Court Case No.
OSCVI3 (the "Litigation") fiJmg suit against Steamboat 700 to quiel title to the Disputed
Property;
D. The Parties, wilhout admission ofliability> desire to settle and resoJve al] disputes
with regard to the Litigation and issues relating to the Disputed Property, on the tenns and
conditions contained in this Agreement;
Page ] of 9
14.282
Settl,6;uieot Agreement to bC; executed bv £'ill partie's. an'cl Hiis Agreement meinorializey the renns
of the propoyal accepled by t1ie 'R.piiU County Rifle Club.
F, For purposes of tins Agreement, Steamboat 700's iarid shall mean (he
property in Ihe west Steamboat Springs area currenlly owned by Sleamboal 700, LLC
and Steamboat Victory, LLC consisting ofapproxunately 700 acres.
In consideration of the mutual agrssmstft set-!forlU below, and for oilicr good and valuable
conslderalion, tlic receipt and yufficiency of which are liereby acknowledged, and in lull
compromise, settlement and satisfaction oflhe Litigalion, Ihe Parties agree as &nows:
1, Settlement Payment. Steambogt 700 shall pay Routt County Rifle Club $102,000
by Monday; October 27^ 2008; as part of a full and final settlement ofa]l claims asserted
m the Liti.Hation.
•&'
Page 2 of 9
14.283
Fftua s )/? i-iaj ,
^HBI?«<^<?.IS lifi
.yia.srus^tt'sC'ur s
^WT'Z:to}IS?S'fl '
' 5EI •iH-)<tl7. ' -
fd^'j i'l/i A-OI
nUhHAJ^ CV; .' ^
iE7,?T IS'IWIH
5?'usct' it tin ; sfTi
K'S;-.CTU)reD TW.;
&<M1D BC nil. RC.'-W
iEl/•)')>£
<K1 2-
Page 3 of 9
14.284
sustairiinjg .sUcJa' ^amiexation ordinari'ce^ 6;r (8) if a referendum election is held on yiie-h aimexafion
ordinanee, six months after [he date oT Ihe favorable vote of the electors of the City of Steamboat
Springs sustaining such annexation ordinance, wliichever date is latesl. During the term of such
easementtor safely consideralions, Stcamboal 7QO agrees not 16 enler upon Uie Nonhem Parcel
^vitbo-ut giving prior notice to Ihe Roult County Rifle Club. Such notice shall be providi?d to:
The essemenl shall also provide Ihat any eiilry iritb the Norihern l^arccl will not
unreayonabJy in-terfere witli Roiitt County RifJe CJub's use of the Northern Parcel as a
shot fal] zone. Ruutl Counly Rifle Club shall use its best efforts to ensure thai no
addi-tionai shot falls on Steamboat 700's property plher Ihan t1te Northern Parcel,
6. ResoluUon ofEastor.n BotindEiTV. Surveyors for both RouH C'onnly RiHe Club and
St@^mypat 70Q have agreed upon the easten-t boundaiy of the Rouft County RiHe Clul-). To
re$idlv^:any dispute over this boimdary, Sleamboal 700 yiiall execule 4 Quit C]aini Deed
:eoj[iy-eymg-ip RQH(I County RiHe Club iree and clear of all liens or olher enciuribraiiccs any and
all riglit, title, mierest or demand that ii has ii-i the property west oflliat boundary and south of
tile Noj'thern Parcel, To resolve any dispute over this boundary, Routt Coimly Riile CJub shall
ex&cute a Quit Claim Deed conveying to Steamboat 700 free and clear of all liens or other
encunibrarices any and ajj riglil, title, interest or demand thai il has in the property east o-t llifit
boundary. The Parties shall exchange ihese Quit Claim Deeds OD or before October 27, 2008.
Alpine Bank currently has a deed of trust on the property that Sieaniboat 700 will convey by
Quit Glaim Deed to Routl CoiuUy RiHe Club under this paragraph. Al the lime thai Slcamboaf
700 cQiivcys ils mterest in lliis properly to Routt County Rifle Club, AJpme Bank probably will
not: have released iis deed of trust to that property. ThePi-^rHes do noT wish AJpine Bank's delay
m reJeasing the deed oftrusl to delay Imaiizing tlie remaming settlement conditions. As a result,
Page 4 of 9
14.285
Steamboal 700 will be responsible for causmg the release of the deed ofmtst on the property
cdriv&yed under this paragraph^ whicli shall be aGcomplished on or before December 5,2008.
7. Cessation Of-the Routt County RiHe Club's Operauons. Routi Counly RiHe Club
agrees that it wiU cease use oJ'its property for ail sliooling purposes and wJll relinquish its
condilionai use permit on or belbj-e (a) October 27,2012; (b) hvo years afle-r the date of approval
by tlie Steamboat Springs Cily Council oil second reading of the annexation ordinance by virtue
ol'which the property descvibed in Exliibit "A" is included within Use corporate limits of Ihe City
ofSte&nboEit Springs; (c) if such annexauon orcUnance Iscliallcnged under C.R.S. §31J2-K-)- six
months after the dale of final resblution, including appeals, if any, olsuch litigation sustaining
such annexation ordmance; or (d) if a relerendiun election is held on such annexation ordinance,
six months after the date of the favorable vote ofthe oi' the ejectors ol the Cily of Steamboal
Spnngs sustaining such ordijimice, whiGlieVcr date is latest.
9. Roult County Rille Club's kelease. In consideralion oJ'llie pdyment and promises
made in this Agreement and other good and valuable consideration, the Routt Counly RiHe Club
does hereby release and forever discharge Steamboat 700 and any of their respective
Ji'eprcsentalives; agents, atlorneys. insurers, l3eirs» successors and assigns from and against'any
arid all claims, actions, causes of action, damages, costs, liabiJities, and expenses, ofany nature
whalsoeyer.. Ihal are in any way related TO tlieLiligation. thai Rpult County Rifle Club nuwhas,
may now have, or iriay in the future have, whether known or unlcriown. agamst Sfeamhoat 700,
including withozil limitation, any claims that R.oult Cotmty RiHe Club may Jiow or in the future
have based upon any federal. stale, or local stalute.s, orders, acts or regzilatioris, and any cjajms
for equity or otherwise dial are in any way reJaled to Ihe Litigation.
Page 5 of 9
14.286
state, or local slalules, orders, aels or regulations, and an}'' clainivS for equity or otherwise tliaf are
in any way related to the Litigation.
11, Dismissai of the Liueatiun. After the Panies have execuicd this Agreement, the
Parties, Ihrough "their respective counsel, shall file a Stipulaled Motion for Order of Dismissal
With Prejudice requesting dismissal of the Litigalion with prejudice, eacL party lo bear its ovv^
attorney fees and costs. The Parties shall submil a proposed order of dismissal which shalj sel
forth ths scQcral tcnns of' this agreement and (he stipulated order of dismissal, once entered by
Ihe court, shall be enforceable by either Party.
12. Independent LeEaI-Advice, Eacli Party or responsible agent has read this
Agreement and understands ils conleiits. The PaTlics agree, \\;ananl, ai-id represent "thai: they
understand and acknowledge Uie slgnilwance and consequence ofthiK Agreement, and
acknowledge and agree that the Agreement is voluntary and has not been entered into as a result
of any actionable coercion or duress, and expressly confirm thai lliis Agreement is to be given
full force and efTect accordmg to eac.h and all oi'its express terms and conditions. The Parties
acknowledge that each has had the opportunity lo conTer with coimseJ of its cJioice and it
undersiaiids the lenns ofthis Agreemem.
13. No Reliance on Extriu^ic Pacts* No Party (nnr any officer, direclor, employee,
representative, attorney, or agent o-t* any PEirty) has made any statement pr representation to any
other Party regarding any fact relied upon in entering mtp this Agreemenl other than those set
iorUn Iri this AgTeement. Likewise, Jio Party relies upon any statement, represent ati on or promise
of any otlier 'Party (or of any officer, employee, representative, attorney; or agent of an}'' other
Party) in executing tliis Agreement, or making tile settleiYient provided. fur herein, except as
expressly staled in- tins Agrcemenl. The Parties expressly assLime the risk that tlie facts or Jaw.
may be, or become, different from the facts or law as presently bcHeved by the Parties.
14. Auihorilv to EKecute. Each Parly has Full power and authority to execute, deliver
Euid perfomi this Agreement and eacli has taken all necessary steps to obtain sucli tull power and
authority lor llie execution aad delivery of this Agrceme.nt.
l3. Further Assurances. Each nt the parties hereto agrees to lake such acia
arid execute sucji ollier documents as may be appropriate to carry OLH ibe intemions
expressed in ttiis Agreement.
17. Tax Effects of Settlement. £ae1i Party acknowledges that it has dJscussecl, ur has
liad (lie opportunity (o discuss, with counsel, a tax advisor, or both tlie tax consequences of
entermg into ihis Agreemenl. Neither Party makes any representation to the otJier Party
regarding ihe tax co.nsequenees of this se'ttle.ment.
Page (jof 9
14.287
m ^ ^? and Attorney Fees, tafih T^rty agre.es to b^&%^"P%^ ^drt l-iih JD
tiltpmey tee^ hicyrre^ m connection with Uiis dispate. Filing Date: Oct 28 2008 5:OiPM MDT
Filing ID: 22174671
.1.^ ^Uiab]litv< Tins A.areenacnt shall not be constn?t&^l^:^^B^&£illi'pc&^lier
party of any vyrongdotiig. Or/actionable conduct.
2B. XonrWaJver, rl1ie; -waiver by any paity of any breach or failure to enTorce any of
ttte t^jrrns and conidifibns oFlhis Agi'eement ^i any time sNll not in any way alfecl, limit or ^vaive
that patty's rights thereafter to enibrce ^nd compc.i slricl compliance with every terhi and
CQndrfipn oftliis Agreement.
21. S.everabilitv. The PQi'tie&.lieretp fijrtli.^ agree that should ^ny clause; sente'iice,
paragraph oi-oflier part oTtliis Agreement b£ finalJy adjudgedby any t;ourl of competent
jurisdiction to be unconstrtutional, invalid or w any way unenforceable, sucli adjudicalip^ shgl]
not affecl, unpair, invalidate or nullify llie Agreement, nor shall it serve as the basis for the
rescission, avoidance or aimulmenl of t1ie Agreejnent, but slia'H affect only tlic clause, sentence,
paragraph or other part so adjudged.
22. H^adHiss. Tlie headings m tHis Agreement are fbr convenienee only and dp.iiot.in
any way limit or nmplify the tenns or conditipns oF tHis Agreement.
2y;. Entire Asreement. This Agreemenl, togetlier with aiiy oter mstruiTients or
agieBjnents refesh'ed ip liereiri, consnNtes llie enlire agreement among the parties \vith respect to
the subjccl matter hereof, H supersedes aitd renders void all prior and contemporaneous
agreements, oral and otliei'wise, concerning "this matter and Ihere are no other reprcsenlatiorts,
wan-anUes Or agreements, except as liereih provided.
'24. Amendnient. This Agreement wdy l?fi amended -only m a ^vrlfien dqcimierit
signed by all o?c Parties lierelo or ift'he amendment affects less thai] all the pai-lies, signed bv
those affected parties.
^,5. Governins Law. This. Agreement shaU be governed by the laivs oi'the State of
Cfcr?. Tffhtif Pai-ties.have a diypiUetelated to the Agreement, the Parties agree that the
;y,enue for a lawsuit ai-ising from -tliis Agt-eement sWl be in the Distxici Conr^ RouU County,
.Colorado. .
27. NetiUal Gonstruction. The pm-ties ac!<nnv/ledge tliat tliey and their rcsp.ective
leg^l e&Llnsel have reviewed sirid piartici^ated In seltimg ihe t'en-ns bt this Agreement, and thattlie
language of this Agreemenl shall he cQnsirued, as the joitil lai^gusige pf llie pai'ties, chosen to
Page 7 of 9
14.288
effecttheir,my|ual intent, and, ther&forc, nol construed for or against any party, regardless 61"
who drafted the Agre.emenl.
29. No Benefit to Others. The provisions set Forth in this Agreeifienl are for the solfe
benefit of the parties and Iheir successors and assigns, and tlie}7 shall not be construed as
CQ3}ierring any rights on any otlwr persons.
:3Q. Successors'aiul Transferees. TOs Agreemeuf shall be binding upon and inure to
the benefit of the Parties liereto, each -Party's current and former parenl coriipames, subsidiaries;,
respective agents, successor-y, hc.iry, descendenls, beneficiaries, trustees, assigns, and legal
repres entail ves.
IN WITOESS WHEKEOF, the parties to Ihis Agreement have liereunder set tlieir
hah'ds;
By;
Br^i Tuck
Title: President
Date: ^ JO-^-r)- ^^
/ ^ - / '7.-r/ // /
r^y: JL^-^J- ^••f.&^/^
Daniel C. Mulcahy
Manageir
D'ate: /o /^ /^ f
PageS of 9
14.289
/: •Tnsigh:t-'A<3niui}strab've Ssi-vices,LLC, ilsTtianager
By:
James Zciter
Title: Manage]-
,j3ate:
Pa^&9of9
14.290
EXHIBIT "At
'1<. LAM°
3'F THEl^Ii IS A eO^FLICT B2Tl?EN 'THIS LEGM T)ES6RlT11TOT A3? THE MAP ATTAGHED
TO IT, THIS LSGAL rESCRlPTION IS CONTROLLING.
14.291
•Than.ce N" 25-°16'l3" S 70^.39 fesfc to Lhs. S^ £:o-rrjlS^ 0£ C'he
Sl/.2.SWi/4'ST/U/4. ©:.'f Sscfc^Qn 3^'/
Thsnc^ S 85U03t5&" S 127-o.D'Q f'eeli alo,n@ fe'he nsr'-hh line 'oz
said &l/^SWl/4.S^l/4 jto El-ie NE corrr&l: as sa.ld
Sl/2S?il/^SWl/4;
Thsnc.e -S 0,0?>^ 7 ' ^.8:" W &4'I8.e;.2 fe^t ai.Qr-g ths sas-t li'ne of s'a.id
Sl/-25^1/4si\n/^ to the 3R c^trnsjF or said §l/23Wl/iS^l/^;
Th^nq.s S R'£>°-i3 >.59" E 1343,0? f.eefc •a.l.Qng the sas.t line sf L-ofc
^. csf •S_e^trc'^ 1 fco hbe S-B Gor.ne^? or s^i'a Lot 4;
Th^rtca S QQ°43'531t 3 1-234.11 rssfc al&ng tJ-i.e east: Ij-.ris of khs
Swi-../^N^l/4 of s..ai.d Sectic.n 1;
Thence N ^§°04'-27" W 7.20.17 reet-;
Th^ne.e ^ ?1°1Q107" -M ;67. &7 .fesfc;
-Fhence S 13-C!3;5'3D" 'E ^3^.32 f^sfc;
Theri^ig S.2S°5S'00)1 W 119/S3 fseti to a p.oi-n'c of 'GurvatUs's .r-rom
wh-l.ch t.^e. r.a^iu-3 :p-oint- bsars 3 35°39fQ^" W- 1221.00 fees.
Said rxSiint o'f Gurvafcu-r^ being-' on •th& north r±:ghfc -of-way l.tne
• for US Hi-glimy No. 40;
Thence a-lorig said nort:^ righu-of-wa.y liH.e Siud a-lsng 's'aid
curve t-o t-^-e J,-ef& a distance c-f 53^.85 £s;cc, wlfh a
cenfrM angle ox 27ii.40144't, and •n'h-ose ahqrd bears
M •6'8CH'1-..3:!1 ^7 5:54.13 f^et bo i^.he- we^t lin^ of tha
mi/A3Wl-/4 of Section l;
Th-srics N OQr5-04'17" W 49,45 fes.t along- said wes-^ line t.o.. t.-he
polnfc of Beginning.
B&arangs :arg. h.a's'&d upon t;n:^'modumenEed ^est lin'e •e>f the ??I/A
c3f ^^cte.iqn 1 big^ng'N Q'Q. 14'05" i-'?. Saj.d fnonuitien^s ,bei..ng
•scaL-n^a^d ,C?L@' 'b^ass c^'pg..
14.292
Wiliarns f'omily
5-S 1/3'?
.Pcnt.nersf.iF. L.L.L.P.
Ssch'ops 35/35
s85^SJz76.00
^cb'on_35,,/_LJ^
Sectfd.l 2
VF
S V/'llsams FafmSy
'^ortnsrship, LL.LP
500 250 0
SCALE iN F-EET
0
out r County
u. Rifls Ciub
N/F
Over'ooii Parh
Company, LLC
I / ft' 7/4
n
r.i
Ssc tion ]
00
0
0
<N
0
0 ^-^e^
Ll.b- J/5-
0)
L- 'Ascatdlng to Caiofa-3-a Im yw musf eommcnc" ony /cgof azttan Ba=Kd u^Dff cny c'cfccl m ?fs 5ff-cy i/Kfiirf ?/2f ynars ofisi you Firsi rf.'scov^r EUC/I s/efscf.
tn no evan1. mcy wny ocl;an cas^d upc.i any. deleci in ihkf swwy bs -mnme'lce;; moro ll'w lcrt ^TO^? ifiw ibo (/o(o v! iho c.scWepffan shBr.'n bsrcon.' •
14.293
RECEPTION*: 679933, 10/28/2008 at 01:26:12 PM/ 1 OF 12, R $61.00 Doc Code:EAS
Kay Weinland/ Routt County/ CO
This Shotfall Easement Agreement ("Agreement"), dated October 27, 2008, is by and
between Steamboat 700, LLC ("Grantor") and Routt County Rifle Club ("Grantee").
RECITALS
A. The Parties entered into an Amended and Restated Settlement Agreement and
Mutual Release dated October 27, 2008 (the "Settlement Agreement"). Under the Settlement
.Agreement, Steamboat 700 agreed to provide Routt County Rifle Club with an executed
Easement Agreement allowing Routt County Rifle Club to use approximateJy 2,82 acres as a
shotfall zone. TJie Parties also agreed tihat by its terms this Easement Agreement shall expire as
set forth below.
B. Grantor owns the Property described in Exhibit "A" ("Exhibit "A" Property") and
Grantee owns the property described in Exhibit "B" ("Grantee's Property").
C. Grantee has agreed to convey to Grantor the property that the Grantee Identified
in Schedule 1 to its Quiet Title Complaint (the "Northern Parcel"). A legal description generally
describing the 2.82 acre Northern Parcel is attached to this Agreement as schedule 1 of Exhibit
"C." A map showing the 2.82 acre Northern Parcel is attached to this Agreement as schedule 2
of Exhibit "C."
E. Grantee agrees that it shall use its best efforts to ensure that no additional shot
falls onto property owned by Steamboat 700 other than the Northern Parcel.
F. The Parties have agreed in the Settlement Agreement that Routt County Rifle
Club will cease use of the Grantee's Property for all shooting purposes and will relinquish its
conditional use permit on or before (a) October 27, 2012; (b) two years after the date of
approval by the Steamboat Springs, City Council on second reading of the annexation ordinance
by virtue of which the Exhibit "A" Property is included within the corporate limits of the City of
Steamboat Springs; (c) if such amiexafion ordinance is challenged under C.R.S. § 31-12-116,
six months after the date of final resolution, including appeals, if any, of such litigation,
sustaining such annexation ordinance; or (d) if a referendum election is held on such annexation
ordinance, six months after the date of the favorable vote of the electors of the City of Steamboat
Springs sustaining such ordinance, whichever date is latest.
14.294
RECEPTION^: 679933/ 10/28/2008 ,at 01:26:12 PM/ 2 OF 12 Doc CoderEAS/ Kay
Weinland/ Routt County/ CO
GRANT OF EASEMENT
NOW THEREFORE, for and in consideration of the sum of less than five hundred
dollars, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto do grant, convey, agree and covenant as follows;
1. Grantor hereby grants, sells and conveys unto Grantee an appurtenant, non-
exclusive easement on the Northern Parcel. The general location of the Northern Parcel is
described on schedule 1 of Exhibit C and depicted on schedule 2 of Exhibit C, attached hereto
and made a part herein by this reference.
2. Grantee's use of the Northern Parcel shall be limited to use of that area for a
shotfall zone for shot fired from shotguns on Grantee's property. The Easement for the use of
the Northern Parcel as a shotfall zone shall be appurtenant to the Grantee's Property, and shall
run with tlie land until expiration as defined below.
3. The Easement granted by this Agreement shall expire (a) on October 27, 2012; (b)
two years after the date of approval by the Steamboat Springs City Council on second reading of
the annexation ordinance by virtue of which the Exhibit, "A" Property is included within the
corporate limits of the City of Steamboat Springs; (c) if such annexation ordinance is
challenged under C.R.S. § 31-12-116, six months after the date of final resolution, including
appeals, if any, of such litigation sustaining such annexation ordinance; or (d) if a referendum
election is held on such annexation ordinance, six months after the date of the favorable vote of
the electors of the City of Steamboat Springs sustaining such ordinance, whichever date is latest.
4. During the term of the Easement and for safety considerations, Grantor agrees not
to enter upon the Northern Parcel without giving prior notice to Grantee. Such notice shall be
provided to: Routt County Rifle Club, Inc., Post Office Box 773116, Steamboat Springs,
Colorado 80477. Immediate or emergency notice shall be provided to: Bryan Tuck: 970-734-
5462; David Smith: 970-846-0829; or John Rogan: 970-846-1332. Any entry in the Northern
Parcel will not unreasonably interfere with Grantee's use of the Northern Parcel as a shotfall
zone.
5. The duties and obligations of the Parties to this Agreement shall be construed and
enforced pursuant to the laws of the State of Colorado. This Agreement resulted j&om review
and negotiations between the Parties and their attorneys. This Agreement shall be construed to
have been drafted by all of the Parties so that the rule of consteiing ambiguities against the
drafter shall have no force or effect. If any provision or portion of a provision of the Agreement
is held to be unenforceable, the remaining provisions of the Agreement shall nevertheless be
given full force and effect as if the unenforceable provision or portion thereof were omitted, and
the Parties shall agree upon, and substitute a sunilar, enforceable provision for the unenforceable
provision.
6. This Agreement may be modified only by a writing signed by all the Parties
hereto or if the amendment affects less than all of the Parties, signed by those affected parties.
Any amendment shall be executed by the affected parties, and shall be recorded in the records of
the Routt County, Colorado Clerk and Recorder.
Page 2 of 5
14.295
RECEPTION*: 679933^ 10/28/2008 at 01:26:12 PM/ 3 OF 12 Doc Code:EAS/ Kay
Weinland/ Routt County^ CO
7. Any disputes arising under this Agreement shall be resolved in the District Court
for Routt County, Colorado.
Page 3 of 5
14.296
RECEPTION*: 679933/ 10/28/2008 at 01:26:12 PM/ 4 OF 12 Doc Code:EAS/ Kay
Weinland/ Routt County, CO
By; DM Hollo Management, LLC, as manager By: Insight Administrative Sendces, LLC,
of Steamboat 700, LLC as manager of Steamboat 700, LLC
By:J2SLA/^l_ By:
Daniel C. Mulcaliy /^7 James Z51
Manager of Ten'aSpec .Holdings, LLC Manager of Insight Holdings, LLC
STATE OF C^Om.do )
) ss.
County of R^^j-b )
^ _Q^€b^
The foregoing instrument was acknowledged before me fhis <?<?/ day ofSoptoinLbcr, 2008, by
Damiy Miller/ as the Manager ofTerraSpec Holdings, LLC, a manager of DM Hollo
Management, LLC, a manager of the Grantor, on behalf of Steamboat 700.
^ (I
Witness my hand and offi^al seal.
IfIycomm°BBg?
NOTARY PUBLIC ?i^4A */^ ^umfr
STATE OF COLORADO
Notary Public
MY COMMISSION EXPIRES 9/20/2011
STATE OF |\t&.s^\^
) ss.
County of CA o^ff-Y—^ )
The foregoing instrument was acknowledged before me this,3%day of September, 2008,by
James Zeiter as fee Manager of Insight Holdings, LLC, a manager of Insight Admimstrative
Services, LLC, a manager of the Grantor, on behalf of Steamboat 700.
Page 3 of 4
14,297
RECEPTION*: 679933, 10/28/2008 at 01:26:12 PM, 5 OF 12 Doc CoderEAS/ Kay
Weinland/ Routt County^ CO
STATE OF COLORADO )
) ss.
County of ROUTT )
The foregoing insbrument was acknowledged before me this^ffuday of October, 2008,by
^
'Br^a-ft/ Tu.^- _ as pre^^d^h'^'' _ of Routt County Rifle Club, a
Coloi^do
o&i corporation. ^
^ ;';^,
^1;
^ ^-~
"W^^^wy ^•^wn^^ ^
STATE OF COLORADO )
) S3.
County of ROUTT )
The foregoing instrument was acknowledged before me this^ti'day of October, 2008, by
^\Jl^ ~T^€.ffY\oA^t as /9<-^eAu^- <ecrerhurU ofRoyttCounty Rifle Club, a
'^•^
Colorado corporation^ ) ..^i"tslifi^/,
'•^
Witness my hand and o£icial ^fc^.r^ /•;. .J',
%^ fi.^^'- : S
My commission expires '^y^~"^fQ ^ •- Q /^f
%'FA\ "'' "'^^,?~
""^teiS^
Page 4 of 4
14.298
RECEPTION^: 679933/ 10/28/2008 at 01:26:12 PM/ 6 OF 12 Doc Code:EAS, Kay
Weinland/ Routt County^ CO
Exhibit A
14.299
RECEPTION#: 6-79933, 10/28/2008 at 01:26:12 PM/ 7 OF 12 Doc Code:EAS/ Kay
Weinland/ Routt County/ CO
EXHIBIT "A"
D a: D INC.
A PROFeSSIONAI- LAND SUFtVEYfNG AND PLANNING CO,
2!45 RESORT DR. SUfTE 10S, STEAMBOAT SPRIMGS, CO 80487
(570) 879-£715 • FAX (970) B79-3028
-O^^^^P^
v^ IAM^
I? THERE IS A CONFLICT BETWEEN THIS LEGAL DESCRIPTION AND THE MAP ATTACHED
TO IT, THIS LEGAL SESCEJPTION IS CONTROLLING.
14.300
RECEPTION^: 679933/ 10/28/2008 at 01:26:12 PM/ 8 OF 12 Doc Code:EAS, Kay
Weinland^ Routt County/ CO
Bearings are based upon the monumented west line of the NW1/4
of Section 1 being N 00 14'05" W. Said monuments being
standard GLO brass caps.
14.301
RECEPTIONS: 679933/ 10/28/2008 at 01:26:12 PM/ 9 OF 12 Doc Code:EAS/ Kay
Weinland/ Routt County/ CO
N/F
WiHiams Family
5-S 1/64
i;p, L.L.L.P.
Sect'sons 35/36 C-S-SW 1/64
S85^B^W6.00 Section J6
5ect/o/i__35,
Section 2
00 N/F
3; Williams Family
'^Partnership, LLLP
500 250 0
SCALE fN FEET
N/F-
Routt County
Ri-fie dub
Pc?r'nf of N/F
beginning Overlook Park
Company, LLC
N/F
More Satre
WlCE; According to Colwoda tavi yiu mus\ ccfnmenca any togat aclton &oe(»d upon ony dafacf l/i this svrvay wllhh ihrBa yaars aflw yw {irst cftecoyer such iSafaaf.
In no cnnt, mo/ ony oclhn bosad upon any dvfwi Jh Ifite syfnt)' iia comme/icad mora ihw iun ^myg from Ihe ctote o/ Iho certWcotlm shonn hafwn.
14.302
RECEPTION^: 679933/ 10/28/2008 at 01:26:12 PM, 10 OF 12 Doc Code:EAS/ Kay
Weinland/ Routt County^ CO
EXHIBIT B
TO SHOTFALL EASEMENT AGKEEMENT
Lolfi 10, Sacitioi 2. T6N, R85M/-of~the'^tH~P7M., Routfc County,
Co31orado i
14.303
RECEPTIONS 679933/ 10/28/2008 at 01:26:1-2 PM/ 11.OF 12 Doe Code:EAS/
Weinland/ Routt County/ CO - ' - ~- -~ -~- ——'~—/
Je-h
the^nle
e^^b'cic.
November 7fch/ 2^07
14.304
RECEPTION^: 679933, 10/28/2008 at 01:26:12 PM, 12 OF 12 Doc CoderEAS/ Kay
Weinland/. Routt County/. CO
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14.305
GRANTED
^^L ^
The moving party is liereby ORDERED
to provide a copy of this Order to any pro
se parties who have entered an
appearance in this action -within 10 days
from the date of this order.
Michael A. 0?Hara,HI
District Court Judge
DATE OF ORDER INDICATED ON ATTACHMENT
^FifcE&-eDnmre?ir
m^TmCT GOVRT, ROVTT COUNTY, STATE QO Routt County District Court 14lli JD
C'OLORADO FlHing Date: Oct 29 2008 U:01AM MDT
Fjiling 3D: 22183753
1-fevien' Clerk: CaUierine Csn'pcntcr
Rouft Gpimty Distric;! Court
m Box 773117
Stcarabbat Springs, CO 80477
Plaintiffs:
ROUTT COUNTY RIPLB CLUB, a Colorado corporarioh
V;
Ble&ndants:
STEAMBOAT 700; LLC, a Heva&& liffirted liability compfmy,,
ALP^N-K BANK, a Colorado banidng corpoj'atipn and ALL
UNKNOWN PERSONS WHO CLAIM AN INTERHST IN A COURT USE ONLY A
TUB SUBJECT MATTER OF THIS ACTION
Case Number.: 08 CV 13
Biv.: Ctrm.:
THIS MATTJRR, eoinmg before- the Court on the Parties' ^ipulated Molion to Amend
Order dated Scplembe)-14,2008^ and the C-oviri being fuJIy advised in the premises, it is -hereby
ORDERED that all daims and couiiterclaims in this matter are dismissed wilh prejudice.
Bacli party shsll bear its o\\ii attomev Fees and costs. It is further Ordered that:
The Court approves tlie Amended and Restated Settlement Agreement and Mutual
Rel@as<s dated Oclbber 27, 2008 arid adopts the. Amended and Restated Settlement Agreement
and ?uial Release dated October 27, 2008, attached as exhibit 1 to the Ptirties" Stipulated
Motion lo amend Order dated Se-ptember 14, 2008, as w Order of this Court. This Order amends
and supersedes Order dated September 14,2008.
14.306
This document constitutes a nifing of the cosrt and EiiaiLfd be tTeated as such.
14.307
PROPERTY DESCRIPTION
ANNEXATION PARCEL
A PARCEL OF LAND LOCATED IN THE W1/2 SECTION 1 AND IN THE E1/2 SECTION 2, TOWNSHIP 6. NORTH, RANGE 85 WEST OF
THE 6TH PRINCIPAL MERIDIAN AND IN THE SE1/4 SECTION 35 AND IN THE SW1/4 SECTION 36, TOWNSHIP 7 NORTH, RANGE 85
WEST, 6TH P.M-: COUNTY OF ROUTT, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS:
THE WEST LINE OF THE NW1/4 SECTION 1, TOWNSHIP 6 NORTH, RANGE .85 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING
MONUMENTED ON THE NORTH AND SOUTH ENDS BY A 3" BRASS CAP STAMPED U.S. GENERAL LAND OFFICE 1913, AND BEARING
NOO°14'16"W BASED ON NAD83(2011) US STATE PLANE COLORADO NORTH ZONE GRID NORTH.
BEGINNING AT THE W1/4 CORNER OF SAID SECTION 1, SAID CORNER BEING A CORNER OF THAT PARCEL OF LAND SHOWN ON
THE WEST STEAMBOAT ANNEXATION MAP PHASE 11 AS RECORDED IN FILE NO. 10797 IN THE ROUTT COUNTY RECORDS;
THENCE N88°59'30"W, ALONG THE SOUTH LINE OF THE SE1/4 NE1/4 OF SAID SECTION 2 AND ALONG THE BOUNDARY OF SAID
WEST STEAMBOAT ANNEXATION MAP PHASE 11, A DISTANCE OF 286.71 FEET;
THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 690.00 FEET, A CENTRAL ANGLE OF
14°07'0-1", AND AN ARC LENGTH OF 170.01 FEET, THE CHORD OF WHICH BEARS N10a52'07"E, A DISTANCE OF 169.58 FEET;
THENCE N17°55'38"E, A DISTANCE OF 129.70 FEET;
THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAViNG A RADIUS OF 480.00 FEET, A CENTRAL ANGLE OF
44°17'33", AND AN ARC LENGTH OF 371.06 FEET, THE CHORD OF WHICH BEARS N32°42'27"W, A DISTANCE OF 361.89 FEET;
THENCE N10033I41"W, A DISTANCE OF 173.89 FEET;
THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 320.00 FEET, A CENTRAL ANGLE OF
16°46'27", AND AN ARC LENGTH OF 93.G8 FEET, THE CHORD OF WHICH BEARS N18°56'54'1W, A DISTANCE OF 93.35 FEET;
THENCE N27°20'08"W, A DISTANCE OF 167.45 FEET;
THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADiUS OF 1180.00 FEET, A CENTRAL ANGLE OF
20°31'52", AND AN ARC LENGTH OF 422.83 FEET, THE CHORD OF WHICH BEARS N17°04'12"W, A DISTANCE OF 420.58 FEET;
THENCE N06°48'16"W, A DISTANCE OF 116.62 FEET;
THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 930.00 FEET, A CENTRAL ANGLE OF
05°05'44", AND AN ARC LENGTH OF 82.71 FEET, THE CHORD OF WHICH BEARS N04°15'24"W, A DISTANCE OF 82.68 FEET;
THENCE N76°03'35"W: A DISTANCE OF 315.00 FEET;
THENCE N82°09'02"W, A DISTANCE OF 115.62 FEET;
THENCE N76°32'12"W, A DISTANCE OF 231.19 FEET;
THENCE NOO°31'22"E, A DISTANCE OF 183.35 FEET;
THENCE ALONG THE ARC OF A TANGENT.CURVE TO THE RIGHT HAVING A RADIUS OF 680.00 FEET, A CENTRAL ANGLE OF
33°54'40". AND AN ARC LENGTH OF 402.46 FEET, THE CHORD OF WHICH BEARS N-(7°28'42"E, A DISTANCE OF 396.62 FEET;
THENCE N34°26'02"E, A DISTANCE OF 132.85 FEET;
THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 720.00 FEET, A CENTRAL ANGLE OF
56°46'32", AND AN ARC LENGTH OF 713.46 FEET, THE CHORD OF WHICH BEARS N06°02'45"E, A DISTANCE OF 684.63 FEET;
THENCE N22°20'31"W, A DISTANCE OF 107.04 FEET;
THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 630.00 FEET, A CENTRAL ANGLE OF
45°09'02". .AND AN ARC LENGTH OF 496.46 FEET, THE CHORD OF WHICH BEARS N00014'00"E, A DISTANCE OF 483.71 FEET;
THENCE N22°48'31"E, A DISTANCE OF 127.92 FEET;
THENCE ALONG THE ARC OF TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 320.00 FEET, A CENTRAL ANGLE OF 10°19'12",
AND AN ARC LENGTH OF 57.64 FEET, THE CHORD OF WHICH BEARS N17°38'55"E, A DISTANCE OF 57.56 FEET;
THENCE N12°29'19"E, A DISTANCE OF 359.55 FEET;
THENCE S88°46'32"E, A DISTANCE OF 982.65 FEET TO A POINT ON THE WEST LINE OF THE SW1/4 OF SA!D SECTION 36, SAID
POINT BEING A POINT ON THE BOUNDARY OF FIVE FORTY SUBDIVISION AS RECORDED UNDER RECEPTION NO. 583836 AND IN
FILE NO. 13255 IN THE ROUTTCOUNTS RECORDS;
THENCE ALONG SAID BOUNDARY OF FIVE FORTY SUBDIVISION THE FOLLOWING FIVE (5) COURSES:
1. SOri3'28"W, ALONG SAID WEST LINE OF THE SW1/4 OF SECTION 36, A DISTANCE OF 779.87 FEET;
2. S85°03-49"E, A DISTANCE OF 1273.72 FEET TO A CORNER OF THAT PARCEL OF LAND DESCRIBED IN GIF/ OF STEAMBOAT
SPRINGS ORDINANCE AND TITLED WEST ACRES PARTNERSHIP AND JOHNSON ENTERPRISES, RECORDED IN BOOK 677 AT
PAGE 774. AND SHOWN ON THE WAYSIDE ANNEXATION MAP AS RECORDED IN FILE NO. 1123G IN THE ROUTT COUNTY .
RECORDS;
3. SOO''25'51"W, ALONG THE BOUNDARY OF SAID PARCEL OF LAND DESCRIBED IN CITY OF STEAMBOAT SPRINGS ORDINANCE
AND TITLED WEST ACRES PARTNERSHIP AND JOHNSON ENTERPRISES, A DISTANCE OF 649.36 FEET TO THE NE CORNER
OF LOT 4, SAID SECTION 1;
4. SOO°44'02"E. CONTINUING ALONG SAID BOUNDARY OF THAT PARCEL OF LAND DESCRIBED IN CITY OF STEAMBOAT SPRINGS
ORDINANCE AND TITLED WEST ACRES PARTNERSHIP AND JOHNSON ENTERPRISES, AND ALONG THE BOUNDARY OF SAID
WEST STEAMBOAT ANNEXATION MAP PHASE [I, AND ALONG THE EAST LINE OF SAID LOT 4, SECTION 1, A DISTANCE OF
1348.07 FEET TO THE SE CORNER OF SAID LOT 4, SECTION 1;
5. S00044102"E. ALONG THE BOUNDARY OF SAID WEST STEAMBOAT ANNEXATION MAP PHASE II AND ALONG THE EAST LINE OF
THE SW1/4 NW1/4 OF SAID SECTION 1, A DiSTANCE OF 1348.07 FEET TO THE SE CORNER OF SAID SW1/4 NW1/4 OF SECTION
1, SAID CORNER BEING THE NORTHEASTERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN CITY OF STEAMBOAT
SPRINGS ORDINANCE AND TITLED BROWN, RECORDED IN BOOK 677 AT PAGE 774, AND SHOWN ON THE WAYSIDE
ANNEXATION MAP AS RECORDED IN FILE NO. 11236 IN THE ROUTT COUNTY RECORDS;
SURVEYORS STATEMENT
I, JEFFRY A. GUSTAFSON, A LICENSED SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE
PROPERTY DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF
MY KNOWLEDGE AND BELIEF, ARE CORRECT.
EXHIBIT
LANDMARK]
PROJECT: 2453-001 SHEET
ANNEXATION PARCEL
DATE: 9-26-18
LOCATED IN THE W1/2 SECTION 1 & IN SECTION 2,
•CONSULTANTS, !NC-
DRAWN BY: JAG T6N, R85W, 6TH P,M. AND IN THE E1/2 SECTION 35 8 14.3o9
THE SW1/4 SECTION 36, T7N, R85W, 6TH P.M.;
www.landmark-co.com CHECKED BY: COUNTY OF ROUTT, STATE OF COLORADO Of 4 Sheets
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LINE TABLE CURVE TABLE
LINE BEARING LENGTH CURVE LENGTH RADIUS DELTA CH. BEARING CH. LENGTH
L1 S88°59'30"E 286.71'
C1 170.01' 690.00' U°o7'or N10°52'07"E 169.58'
L2 N17°55'38"E 129.70'
C2 371.06' 480,00' 44°17'33" N32°42'27"W 361.89"
L3 N10°33'41"W 173.89'
C3 93.68' 320.00' 16°46'27" N18°56'54"W 93.35'
L4 N27°20'08"W 167.45'
N17°04'12"W
C4 422.83' 1180.00' 20°31'52" 420.58'
L5 N06°48'16"W 116.62'
N04°15'24"W
C5 82.71' 930.00' 5n05'44" 82.68'
L6 N76°03'35"W 315.00'
C6 402.46' 680.00' 33°54'40" N17°28'42"E 396.62'
L7 N82°09'02"W 115.62'
N06°02'45"E
C7 713.46' 720.00' 56°46'32" 684.63'
L8 N76°32'12"W 231.19'
NOO°14'00"E
C8 496.46' 630.00' 45°09'02" 483.71'
L9 NOO°31'22"E 183.35'
N17°38'55"E
C9 57.64' 320.00' 10°19'12" 57.56'
EXHIBIT
ILAM^EK]
PROJECT: 2453-001 SHEET
ANNEXATION PARCEL
DATE: 9-28-18
•CONSULTANTS. WC- LOCATED !N THE W1/2 SECTION 1 & IN SECTION 2,
DRAWN BY: JAG T6N, R85W, 6TH P.M. AND IN THE E1/2 SECTION 35 S 14.4u
THE SW1/4 SECTION 36, T7N, R85W, 6TH P.M.;
www.landmark-co.com CHECKED BY: COUNTY OF ROUTT, STATE OF COLORADO Of 4 Sheets