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Home My WebLink AboutPACKET Town Board 2001-02-27I ,/ Prepared 2/21/01 Â» Revised 2/21/01 The Mission of the Town of Estes Park is to plan and provide reliable, high- value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, February 27, 2001 7:00 p.m. AGENDA PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated February 13, 2001. 2. Bills. 3. Committee Minutes: A. Public Works Committee, February 15, 2001: 1. Fall River Rd. Interconnect Change Order 2. Causeway Underpass/Trail Project Preliminary Engineering Scope of Services - Cornerstone Engineering. 3. Budgeted Vehicle Purchases: Swaploader Truck and Jeep. 4. Water Rate Study Engineering Scope of Services - Black and Veatch. 5. Highway 34/36 Intersection Underpass Landscaping Project. 6. Resolution #7-01 - Renewal of a Temporary Use Permit for 3 acre-foot units of Colorado-Big Thompson Project water for the period terminating March 1, 2002. B. Community Development, February 22, 2001. 4. Resolution #8-01 - Intent to Annex Olympus Annexation #1 through 4, public hearing scheduled April 24, 2001. 1 Continued on reverse side , 2. ACTION ITEMS: 1. LICENSE AND EXCHANGE AGREEMENT FOR GEOGRAPHIC DATA BETWEEN THE LARIMER EMERGENCY TELEPHONE AUTHORITY (L.E.T.A.) AND THE TOWN - Town Attorney White. Â»2. SPECIAL EVENTS DEPT. - PURCHASE OF RODEO ARENA PANELS, PHASE Il (BUDGETED ITEM). Special Events Director Hinze. 3. DUNRAVEN HEIGHTS FIRST ADDITION ANNEXATION: A. Mayor - Open Public Hearing B. Staff Report C. Public Testimony D. Town Attorney White read Resolution #9 and Ordinance #1-01 E. Mayor - Close Public Hearing F. Motion to Approve/Deny. 4. THE UPLANDS/FISH CREEK ROAD #1, UPLANDS/FISH CREEK ROAD #2, AND THE UPLANDS AT FISH CREEK ADDITION ANNEXATION: A. Mayor - Open Public Hearing B. Staff Report C. Public Testimony D. Town Attorney White read Resolution #10 and Ordinance #2-01 E. Mayor - Close Public Hearing F. Motion to Approve/Deny. 5. TOWN ADMINISTRATOR'S REPORT. 2 Town of Estes Park, Larimer County, Colorado, 2001 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 13th day of February, 2001. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker Stephen W. Gillette David Habecker Lori Jeffrey Also Present: Rich Widmer, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: G. Wayne Newsom, Trustee Mayor Baudek acknowledged the Estes Valley Planning Commission on the first year anniversary marking the adoption and implementation of the Estes Valley Development Code. Commissioners Hampton, Kitchen, Pettyjohn, Pohl, and Taddonio were in attendance. PUBLIC COMMENT None. TOWN BOARD COMMENTS None. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated January 23, 2001. 2. Bills. 3. Committee Minutes: A. Community Development, January 25, 2001: Special Events Dept.: 1. Standard Agreements: Christmas Parade 11/23/01; Rocky Mountain Miniature Horse Show 6/20-24/01; Colorado Arabian Horse Show, 7/4- 8/01; Copper Penny Horse Show, 7/20-22/01. Added 2/6/01: International Arabian Cutting Horse Assn., 6/29 - 7/1/01. 2. Policy Manual: Event Organizer Regulations. 3. Parade Permits: Rooftop Rodeo, 7/10/01; Scottish-Irish Festival Parade, 9/8/01; and Christmas Parade, 11/23/01. B. Public Safety, February 1, 2001: Fire Dept.: 1. 2001 Officers: Daryl McCown, 1St Ass't. Chief, Larry Pettyjohn, 2nd Ass't. Chief, Jon Landkamer, Secretary, and Doug Deats, Treasurer. C. Light & Power, February 8, 2001: 1. Budgeted Vehicle Purchases: Mini Van and 16-Ton Pickup Truck. 2. Tree Trimming Services Contract. 4. Estes Park Housing Authority, December 14, 2000 (acknowledgment only). 1 Board of Trustees - February 13, 2001 - Page 2 5. Estes Valley Planning Commission, January 16, 2001 (acknowledgement only). 6. Estes Valley Board of Adjustment, January 9 and February 6, 2001 (acknowledgement only). 7. Resolution #5-01 - Intent to Annex "Pratt Addition"; public hearing scheduled March 27, 2001. It was moved and seconded (Doylen/Gillette) the consent agenda be approved, and it passed unanimously. lA. PLANNING COMMISSION CONSENT AGENDA (Approval of): Mayor Baudek announced the following Planning Commission items and explained that formal Public Hearing(s) would occur should the public have any testimony. There were no persons requesting to speak on any item. Trustee Barker requested Item #3 be amoved from the consent agenda and voted upon separately. 1. SPECIAL REVIEW. Special Review #01-01, Community Church of the Rockies Christian Prfschool, Nancy K. Johnson, Director/Applicant. 0 The Applicant is requesting the resumption of a daycare operation in the lower classrooms of the Church. The Planning Commission has recommended approval with the condition that a no more than 25 students be accommodated at any one time in the building. 2. SUBDIVISION. Boundary Line Adjustment, Lots 128 and 129, Al Fresco Place Addition, Mike and Carl Olson and Mike Smith/Applicants. The Applicants are seeking an adjustment to accommodate a driveway to a new'residential dwelling. The Planning Commission has recommended approval. It was moved and seconded (Doylen/Habecker) Items 1 and 2 be approved, and it passed unanimously. Trustees Barker and Habecker declared a conflict of interest and stated they would not participate in discussion nor vote on the following item. 3. SUBDIVISION. Amended Plat of Lots 3,4, and 5, James Mcintyre Subdivision, Jeff & Kristin Barker/Applicants. The Applicants are requesting to combine .three lots into two lots. Planning Commission conditions for approval have been met. It was moved and seconded (Gillette/Doylen) Item #3 be approved, and it passed by the following votes: Those voting "Yes" Trustees Doylen, Gillette, and Jeffrey. Those voting "No" None. Those Abstaining Trustee Barker and Habecker. 2. ACTION ITEMS: 1. RE-APPROPRIATE THE 2000 ENCUMBERED FUNDS TO THE 2001 BUDGET - RESOLUTION #6-01. Assistant-Town Administrator Repola read the Resolution, and it was moved and seconded (Gillette/Doylen) Resolution #6-01 be approved, and it passed unanimously. Ass't. Repola applauded the efforts of Acting Finance Officer Parrack and her staff for their efforts in the Finance Dept. 2. ELECTRONIC MEDIA (E-MAIL) ACCESS POLICY, REVISED. Town Attorney White presented and reviewed a revised E-Mail policy for Â·Town employees, and a new E-Mail policy for Elected Officials. Discussion and clarification followed, and it was moved and seconded (Gillette/Barker) both Electronic Media Access Policies (Employees and Town Board) be approved, and it passed unanimously. Board of Trustees - February 13, 2001 - Page 3 3. ESTES PARK HOUSING AUTHORITY - REAPPOINTMENT. It was moved and seconded (Doylen/Gillette) Eric Blackhurst be re-appointed from a 1 -yr. term expiring 4/01 to a 5-yr. term, expiring 4/01/06, and it passed unanimously. 4. TOWN ADMINISTRATOR'S REPORT. 1. Sales Tax Report. December sales tax revenues indicate a total for the month up 11.5% over 1999, and the year-to-date increase is 5.2%. Statistics by "Category" are forthcoming. 2. Regional Transportation Agency. EPURA Dir. Smith and Town Administrator Widmer have met with representatives from the North Front Range Transportation and Air Quality Planning Council to receive a briefing on the potential formation of a Regional Transportation Authority. Should such an authority be created, a positive vote would be required for each entity involved. The earliest possible election date is November, 2002. Estes Park will be included in the distribution of minutes. Also, beginning in April the Town will participate in a Valley-wide Transportation Study where a list of transportation improvements and funding ideas will be discussed. Staff will continue to update the Trustees. 5. REQUEST TO ENTER EXECUTIVE SESSION - ICM (Wildlife Center) LITIGATION BRIEFING. It was moved and seconded (Doylen/Gillette) the Board enter Executive Session to receive litigation briefing from Town Attorney White on the ICM Lawsuit, and it passed unanimously. Following completion of all agenda items, Mayor Baudek adjourned the meeting to Executive Session at 7:37 p.m. Mayor Baudek reconvened the meeting to Open Session at 7:55 p.m. 6. ICM (Wildlife Center) LAWSUIT - SETTLEMENT. Town Attorney White read a letter from Andrew J. Fisher, the Town's CIRSA Attorney, to Michael R. McCurdy/ICM Attorney. In principle, both attorneys have reached an agreement. In summary, the tentative agreement provides that the Town will pay $65,000 to 1CM in return for a release of any or all remaining claims. Discussion followed, with Trustee Habecker finding that it is in the best interest of the Town, based on increased financial ramifications of pursing the case any further, to accept the Agreement, and he moved the Town accept the Settlement Agreement, remitting a check to ICM in the amount of $65,000. Mayor ProTem Doylen seconded the motion. Mayor Baudek added that the Town Board has a fiduciary responsibility to their citizens; risking more money is unacceptable. The motion passed unanimously. Town Administrator Widmer announced that Pete Brandjord has accepted the Finance Officer position and his start date is March 5th. Mr. Brandjord will be formally introduced and appointed at the March 13th Town Board meeting. Mayor Baudek adjourned the meeting at 7.59 p.m. John Baudek, Mayor Vickie O'Connor, Town Clerk BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, February 15, 2001 Minutes of a Regular meeting of the PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 15th day of February, 2001. Committee: Chairman Barker, Trustees Doylen and Gillette Attending: All Absent None Also Attending: Town Administrator Widmer, Public Works Director Linnane, Deputy Clerk van Deutekom Chairman Barker called the meeting to order at 8:00 a.m. FALL RIVER ROAD INTERCONNECT - APPROVAL OF CHANGE ORDER. Director Linnane presented a change order request from B.T. Construction, Inc. for the Fall River Road Interconnect Water Looping Project in the amount of $6,245.11 as a result of the re-design and relocation of the water line upon encountering underground utilities. This will increase the total contract amount from $110,003 to $116,248.11. The Committee recommends approval of the change order from B.T. Construction, Inc. for $6,245.11 as presented. CAUSEWAY UNDERPASS/TRAIL PROJECT PRELIMINARY ENGINEERING SCOPE OF SERVICES - APPROVAL. Director Linnane reported that the Town budgeted $407,000 ($157,000 CDOT/$250,000 Town) in 2001 and $217,000 ($167,000 CDOT/$50,000 Town) in 2002 for the Design/Construction of the Causeway Underpass/Trail Project. Cornerstone Engineering (formerly Rocky Mountain Consultants) submitted the Preliminary Design Scope of Services at a cost of $12,800. Following CDOT approval of the Preliminary design, Cornerstone will prepare a Final Design and Construction Management Scope of Services. This future scope will be presented (tentatively) at the June meeting. Discussion was held regarding safety issues and the proposed trail connection to Stanley Park and Brodie Avenue. The Committee recommends approval of the Scope of Services submitted by Cornerstone Engineering at a cost of $12,800 as presented. VEHICLE PURCHASES - REQUEST APPROVAL OF BUDGET EXPENDITURES. Director Linnane reported that the Water and Engineering Departments budgeted for the following vehicles: Water Department: replacement of the 1972 Ford water tanker truck with a Swaploader bed and water tank/pump configuration on an existing Freightliner Swaploader truck. This vehicle is 28 years old and is within the Town's vehicle replacement parameters. One bid was received from MacDonald Equipment for $16,780.00. The Water Department's budget includes $16,000 for replacement of this vehicle. The balance of the cost will be funded from the Miscellaneous Tools Capital account and the existing water tanker truck will be sold at the 2001 Larimer County Auction held in the fall. Engineering Department: replacement of the 1984 Chevrolet S-10 Pickup with a Jeep Cherokee 4x4. This vehicle is 17 years old and is within the Town's vehicle replacement parameters. The Street Department's 2001 budget includes $21,500 for replacement of this vehicle. The following bids were received: Estes Park Auto Mall: Ferrero Auto Center: $21,155 Jeep Cherokee 4x4 $21,648 Jeep Cherokee -$ 1,500 Less Trade-in $ 1,000 Less Trade-in $19,655 Bid Price $20,648 Bid Price , BRADFORD PUBLISHINGCO. RECORD OF PROCEEDINGS Public Works Committee - February 15, 2001 - Page 2 The Committee recommends approval of the bid from MacDonald Equipment to purchase a Swaploader Water Tank/Pump Configuration truck for a cost of $16,780 for the Water Department and the bid from Estes Park Auto Mall to purchase a Jeep Cherokee 4x4 for a cost of $19,655 for the Engineering Department. WATER RATE'STUDY ENGINEERING SCOPE OF SERVICES - APPROVAL. As recommended by the Committee at the August, 2000 meeting, funds were budgeted in 2001 for a Water Rate Study to analyze future revenues needed to finance proposed Water Department capital improvement projects. Black- and Veatch submitted a rate Scope of Services proposal for a cost of $20,000: Implementation of any recommended rate change is expected early 2001 following the completion of the report. Discussion was held regarding accountable water, system reinvestment, and capital improvement project benefits. The Committee recommends approval of the Scope of Services from Black and Veatch at a cost of $20,000 as presented. MARYS LAKE/GRIFFITH COURT WATER LINE REIMBURSEMENT CONTRACT - APPROVAL. Director Linnane explained that Phil Switzer personally funded extending the water main across Marys Lake Road to service his property. Van Horn Engineering prepared< the Design and Construction Management, and on behalf of Mr. Switzer, presented a reimbursement agreement for approval. The reimbursement amount is $1,150 per tap And the contract length is 20 years. The Town would collect this fee at the time of tap purchase (5 potential taps) and forward it to Mr. Switzer. The Town will not assume any finbncial responsibility if the fee is not collected. The Committee recommends approval of the reimbursement Contract, subject to the Town bearing no financial responsibility if the fee is not collected. HIGHWAY 34/36 INTERSECTION UNDERPASS LANDSCAPING - REQUEST TO PROCEED. Director,Linnane reported that the Town budgeted $40,000 for an irrigation system in the area of the Bureau of Reclamation Power Plant at the intersection of Hwy. 36/7. The Bureau of Reclamation previously indicated that it would match Town funding, however, their matching funds are not currently available. Therefore, staff requests that $40,000 be used fr6m the Conservation Trust Fund to irrigate and landscape the area along the Riverwalk, adjacent to both ends of the new Hwy. 34/36 underpass. All work, except the design and construction of the irrigation system, would be porformed in-house. Work would be performed in March and April and restarted in July. Construction completion is anticipated by October. Construction will not affect traffic and all of the on- grade highway islands will be planted, landscaped, and maintained for the entire summer. Director Linnane noted that the Parks Department estimated a cost of $87,000 if a private contractor performed the work. The Committee recommends that the Underpass Landscape Project be funded from the Conservation Trust Fund at a cost of $40,000 as presented. REPORTS. None. , There being no further business, Chairman Barker adjourned the meeting at 8:30 a.m. 9.ve,Lk,~7K--, Rebecca van Deutekom, Deputy Town Clerk BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, February 22, 2001 Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 22*day of February, 2001. Committee: Chairman Doylen, Trustees Barker and Habecker Attending: All Also Attending: Town Administrator Widmer, Advertising Manager Marsh, Director Kilsdonk, Deputy Clerk van Deutekom Absent: None Chairman Doylen called the meeting to order at 8:00 a.m. 1. SENIOR CENTER REPORT. Joann Thompson, Senior Center Director, reported on the election of officers for Estes Park Senior Citizens Center, Inc., Senior Center activity, and meals. Ms. Thompson noted that Special Transit added an additional day to their Estes Park service, bringing their total number of Estes Park service days to three. Walter Richards, President of Estes Park Senior Citizens Center, Inc. presented the three-year strategic plan for the Center. Items discussed include programs, outreach, funding, volunteers, membership, facility management, landscaping, and endowment programs. 2. ADVERTISING REPORT. Manager Marsh introduced Harry Graham/Landmark Hospitality, who has taken responsibility for the Media Relations Program. Mr. Graham explained the travel writer program that is being added to the existing Media Relations program. The primary goal of the travel writer program is to arrange the visit of at least one travel writer per month to the Estes Park area. Writers will in turn provide articles highlighting the Estes Park area to various publications across the country. Manager Marsh presented research highlights and key findings of the Mini Conversion Study and work in progress. 3. MUSEUM REPORT. Director Kilsdonk reported on the Estes Park Area Historical Museum Strategic Plan, 2001 exhibitions, 2001 events, and attendance statistics. Curator Record explained the 2001 exhibitions and announced a new acquisition consisting of 1300 glass slides and records used at the Park Theater. These items were donated to the Museum by Mr. Bruce Jones and are valued at $66,000. There being no further business, Chairman Doylen adjourned the meeting at 9:15 a.m. ~.Van~. 41*)<) Rebecca van Deutekom, Deputy Town Clerk NORTHERN COLORADO WATER CONSERVANCY DISTRICT 9 RO. Box 679 Loveland, Colorado 80539-0679 1250 NorthWilson Loveland, Colorado 80537 Phone (970) 667-2437 FAX (970) 663-6907 January 29,2001 - JAN O 1 .c n . Mr. Richard Widmer O 1 2(':U; DIRECTORS Town Administrator Town of Estes Park BOULDER COUNTY P. O. Box 1200 Henry A. Kâ€¢gete,J,Â· Les Wttliants Estes Park, CO 80517 Ruth W,igh' LARIMER COUNTY Milte Applegate Dear Mr. Widmer: W~Iliam H. Brown Magone A. Knievel WELD COUNTY Enclosed herewith is the Renewal Application for the Town of Estes Park in the Wtmam E. Bohlinde, amount of 3 acre-foot units of Colorado-Big Thompson Project water as provided in Kenton Brunner Jerry 144.ters your present contracts held under the Temporary lIse Permits. On the Application for WASHINGTON AND the Renewal of the Temporary Use Permits, reference is made to a Resolution adopted MORGAN COUNTIES by your Town Board. Please send us a certified copy of the Resolution for our records. E. L. Canm LOGAN COUNTY Also, the 2001 assessment charge on these 3 acre-foot units of Colorado-Big William Condon Thompson Project water at $18.52 per acre-foot unit is $55.56. SEDGWICK COUNTY George lenik DIRECTOR. EMERITUS Although it is not required by the District at this time, you may apply to our Board of W D Farr Directors to have your accumulated Temporary Use Permits converted to the permanent Class B Contract or the Section 131 contract at any time you would like. OFFICERS The executed Renewal Application, payment, and certified copy of your Resolution Mike A~leg~tte, are due on or before March 1, 2001. President Kenton Brunner, Vice President For bookkeeping purposes, please send this assessment to my attention. Enclosed is a ETic W< Wilkinson, Secretary self-addressed envelope for your convenience. Dain D. Zimb,!man, Treasuir Chief Engineer If you need additional information, please call me at (970) 622-2216. Sincerely, i â€¢ LEGAL COUNSEL Trout & Ralcy, RC. 1120 Lincoln Street Marilyn L. Conley Suite MOO Denvrr, Colorado 80203 Head, Allotment Contracts Department sdf Enclosures m. ,- N-G~%Gre RESOLUTION NO. 7-01 WHEREAS, the Town of Estes Park, Colorado the "Town") contracts with the Northern Colorado Water Conservancy District ("NCWCD") for 3 acre-foot units of Colorado-Big Thompson Project water; and WHEREAS, the Town desires to renew the Temporary Use Permit as contained in said Contract with NCWCD. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THAT: 1. The Board hereby declares its intention to submit an Application for the Renewal of a Temporary Use Permit for 3 acre-foot units of Colorado-Big Thompson Project water for the period terminating March 1, 2002. 2. The Board hereby authorizes Town officials and/or staff to file the necessary application with the Northern Colorado Water Conservancy District. INTRODUCED, READ AND PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK on this day of ,2001. TOWN OF ESTES PARK, COLORADO Mayor ATTEST: Town Clerk March 1979 APPLICATION FOR THE RENEWAL OF TEMPORARY USE PERMITS To: Board of Directors Northern Colorado Water Conservancy District By resolution of the Town Board adopted at a regular meeting ,the , Town of Estes Park hereby applies for the renewal of the Temporary Use Permits shown below for a period terminating March 1,2002. A check for payment of the water assessment charges for the renewal year in accordance with the accompanying statement is attached. The Town of Estes Park agrees to the terms of the Temporary Use Permits listed below and made a part hereof: Permit or Renewal Dated Acre-Feet Renewal - March 10,2000 Â· 3 TOTAL acre-feet for which renewal is requested 3 TOWN OF ESTES PARK BY: (Authorized Municipal Officer) (SEAL) ORDER ON APPLICATION Application having been made by the Town of Estes Park for the renewal of the Temporary Use Permits shown above, it is hereby ORDERED that said application be granted and the District agrees to the use by the Town ofEstes Park of such portion ofthe above amount of water as may be declared by the Board of Directors of the District to be available for delivery during 2001 upon payment of $55.56 for the 3 acre-feet hereinabove totalled. NORTHERN COLORADO WATER CONSERVANCY DISTRICT By: President Acting Secretary Date: Vicinity Map Not to Scale . WILDFIRE RIDGE ADDITION 0 THE RESERVE ~ TRACT B - 4-ri i .1 * Â·>ti i Y 1 - 4 Rwq lt*00 1 â€¢ri-1 RANCH -- 1 WEADOW - tE133/ Ill ' NORTH .UL,~h_ 0 Lympus --7 LAKE . SUB. A dd'Ltzons ~ ~ SUB. 10 20 -I.-Ill 1 4 â€¢â€¢â€¢â€¢ . 0 .. ... 4 . LAKE ESTES /7% .if.bu /513+1...I .. RESOLUTION NO. 8-01 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the Board of Trustees of the Town of Estes Park, Colorado, in accordance with Section 31-12-107, C.R.S., hereby states its intention to annex the area described herein. The Board of Trustees finds and determines that the Petition filed with the Town Clerk requesting annexation of the area described herein is in substantial compliance with Section 31-12-107(1)(g), C.R.S. The Board of Trustees further finds and determines that the Petition is signed by persons comprising one hundred percent (100%) of the landowners in the area proposed to be annexed and owning one hundred percent (100%) of the area, excluding public streets and alleys, and any land owned by the annexing municipality. Such area, if annexed, will be known as "OLYMPUS ADDITION #1, OLYMPUS ADDITION #2, OLYMPUS ADDITION #3, and OLYMPUS ADDITION #4' to the Town of Estes Park, Colorado. Such area is described as follows: Olvmpus Annexation #1 A PORTION OF THE SW 1/4 OF SECTION 20, T5N, R72W OF THE 6th P.M. AND A PORTION OF THE NW 1/4 OF SECTION 29, T5N, R72W OF THE 6th P.M. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SECTION 29 AND CONSIDERING THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 29 TO BEAR N88Â°25'36"W WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE S 88Â°25'36" E 1513.43' TO THE INTERSECTION OF THE NORTH LINE OF THE NW 1/4 OF SAID SECTION 29 WITH THE NORTHERLY RIGHT OF WAY (R.O.W.) OF HIGHWAY NO. 34 AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID R.O.W. S 59Â°51'55" E 292.52'; THENCE LEAVING SAID R.O.W. S 30Â°08'05" W 60.00'; THENCE N 59Â°51'55" W 291.85'; THENCE S 30Â°08'05" W 60.00' TO THE SOUTHERLY R.O.W. OF HIGHWAY NO. 34; THENCE LEAVING SAID R.O.W. N 12Â°21'00" W 162.72' TO SAID NORTHERLY R.O.W. LINE; THENCE ALONG SAID NORTHERLY R.O.W. S 59Â°51'55" E 109.23' TO THE TRUE POINT OF BEGINNING. COUNTY OF LARIMER, STATE OF COLORADO. CONTAINING 0.55 ACRES Olvmpus Annexation #2: A PORTION OF THE NE 1/4 OF THE NW 1/4 OF SECTION 29, T5N, R72W OF THE 6th P.M. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SECTION 29 AND CONSIDERING THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 29 TO BEAR N88Â°25'36"W WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE S 88Â°25'36" E 1513.43' TO THE INTERSECTION OF THE NORTH LINE OF THE NW 1/4 OF SAID SECTION 29 WITH THE NORTHERLY RIGHT OF WAY (R.O.W.) OF HIGHWAY NO. 34; THENCE ALONG SAID NORTHERLY R.O.W. S 59Â°51'55" E 292.52' TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY R.O.W. THE FOLLOWING FIVE COURSES: S 59Â°51'55" E 113.68'; ' THENCE S 30Â°08'05" W 20.00'; THENCE S 59Â°51'55" E 100.00'; THENCE N 30Â°08'05" E 20.00'; THENCE S 59Â°51'55" E 590.02'; THENCE LEAVING SAID R.O.W. S 30Â°08'05" W 60.00'; THENCE N 59Â°51'55" W 794.08'; THENCE S 30Â°08'05" W 60.00' TO THE SOUTHERLY R.O.W. OF HIGHWAY NO. 34; THENCE ALONG SAID SOUTHERLY R.O.W. N 59Â°51'55" W 301.47'; THENCE LEAVING SAID SOUTHERLY R.O.W. N 30Â°08'05" E 60.00'; THENCE S 59Â°51'55" E 291.85'; THENCE N 30Â°08'05" E 60.00' TO SAID NORTHERLY R.O.W. LINE AND THE TRUE POINT OF BEGINNING. COUNTY OF LARIMER, STATE OF COLORADO. CONTAINING 1.48 ACRES 01vmpus Annexation #3 A PORTION OF THE N 1/2 OF SECTION 29, T5N, R72W OF THE 6th P.M. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SECTION 29 AND CONSIDERING THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 29 TO BEAR N88Â°25'36"W WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE S 88Â°25'36" E 1513.43' TO THE INTERSECTION OF THE NORTH LINE OF THE NW 1/4 OF SAID SECTION 29 WITH THE NORTHERLY RIGHT OF WAY (R.O.W.) OF HIGHWAY NO. 34; THENCE S 59Â°51'55" E 1096.22' TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY R.O.W. THE FOLLOWING FIVE COURSES: S 59Â°51'55" E 633.01'; THENCE N 30Â°08'41" E 30.01'; THENCE 724.47' ALONG A CURVE TO THE LEFT WITH A RADIUS OF 865.00' AND A 703.48' CHORD WHICH BEARS S 83Â°55'42" E; THENCE S 20Â°48'49" E 49.56'; THENCE N 71Â°57'41" E 267.56'; THENCE LEAVING SAID NORTHERLY R.O.W. S 00Â°46'56" W 85.76' TO THE SOUTHERLY R.O.W. OF HIGHWAY NO. 34; THENCE ALONG SAID SOUTHERLY R.O.W. THE FOLLOWING FIVE COURSES: S 71Â°57'41" W 239.89'; THENCE 353.31' ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 995.00' AND A 351.46' CHORD WHICH BEARS S 82Â°08'12" W; THENCE S 02Â°18'40" E 20.10'; THENCE 492.90' ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1015.00' AND A 488.07' CHORD WHICH BEARS N 73Â°46'38" W; THENCE N 59Â°51'55" W 1427.09'; THENCE LEAVING SAID SOUTHERLY R.O.W. N 30Â°08'05" E 60.00'; THENCE S 59Â°51'55" E 794.08'; THENCE N 30Â°08'05" E 60.00' TO SAID NORTHERLY R.O.W. AND THE TRUE POINT OF BEGINNING. COUNTY OF LARIMER, STATE OF COLORADO. CONTAINING 5.87 ACRES Olvmpus Annexation #4 A PORTION OF THE NORTHEAST 1/4 OF SECTION 29, T5N, R72W OF THE 6th P.M. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 29 AND CONSIDERING THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 29 TO BEAR N 88Â°25'36" W WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE S 58Â°34'19" W 1630.32' TO THE NORTHERLY RIGHT OF WAY (R.O.W.) OF U.S. HIGHWAY NO. 34 AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY R.O.W. S 71Â°57'41" W 267.56'; THENCE FOLLOWING SAID R.O.W. N 20Â°48'49" W 49.56'; THENCE LEAVING SAID R.O.W. N 34Â°22'57" W 105.35'; THENCE N 04Â°14'11" E 54.76'; THENCE S 89Â°59'04" W 101.41'; THENCE N 00Â°05'00" W 144.73'; THENCE N 89Â°57'43" E 14.98'; THENCE N 00Â°01'17" W 65.99'; THENCE N 89Â°57'43" E 186.73'; THENCE N 00Â°00'29" E 100.05'; THENCE S 89Â°57'13" E 232.06'; THENCE S OOÂ°38'34" W 415.73' TO THE TRUE POINT OF BEGINNING. COUNTY OF LARIMER, STATE OF COLORADO. CONTAINING 3.65 ACRES. IT IS FURTHER RESOLVED, that in accordance with Section 31-12-108, C.R.S., the Town Board Public Hearing shall be held April 24, 2001 at 7:00 p.m., in the Municipal Building, located at 170 MacGregor Ave., Estes Park, Colorado, for the purpose of determining if the proposed annexation complies with the applicable provisions of Sections 31-12-104 and 31-12-105, C.R.S. IT IS FURTHER RESOLVED, that the Town Clerk shall give the notice of the hearing as provided in Section 31-12-108(2), C.R.S. DATED this day of ,2001. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Memo Date: February 12, 2001 To: Vickie O'Connor From: Gregory A. White RE: T.ETA Agreement BACKGROUND IETA has developed a geographic information system ("GIS") for use by public service answering points (PSAP) in Larimer County, Colorado. The Town of Estes Park's dispatch center is one of those PSAPs. LETA desires to transfer the GIS information to the Town for use by the Town's dispatching center pursuant to the license and Exchange Agreement for Geographic Data. The GIS information provided by LETA will enable the Town to provide better dispatching services. BUDGET There are no budget implications as the GIS information is provided free of charge from LETA to the Town. ACTION The Staff recommends approval of execution of the license and Exchange Agreement for Geographic Data. LICENSE AND EXCHANGE AGREEMENT FOR GEOGRAPHIC DATA THIS LICENSE AND EXCHANGE AGREEMENT is made and entered into this day of , 2001, by and between LARIMER EMERGENCY TELEPHONE AUTHORITY, hereinafter referred to as "LETA," and the TOWN OF ESTES PARK, COLORADO, a Colorado home rule municipality, hereinafter referred to as "TOWN." WITNESSETH: WHEREAS, LETA and TOWN are authorized to enter into intergovernmental agreements with one another for the purpose of achieving greater efficiencies for the provision of services; and WHEREAS, LETA has developed a geographic information system ("GIS") for use by public service answering points in Larimer County, Colorado, in connection with providing emergency telephone services; and WHEREAS, TOWN desires to access certain information including, but not limited to orthophotography and digital planimetric data, through a license agreement with LETA; and WHEREAS, the parties hereto desire to enter into this License and Exchange Agreement for Geographic Data (hereinafter referred to as "'License Agreement") for the purpose of allowing TOWN such access and to facilitate the sharing of GIS information between LETA and TOWN; NOW, THEREFORE, in consideration of the mutual covenants and conditions herein, the parties hereby agree as follows: ARTICLE I Scope of Agreement A. In consideration of the promises and covenants by TOWN stated herein, LETA hereby grants TOWN a personal, non-exclusive, non-assignable and non-transferable license for the term of this License Agreement to use certain orthophotography and digital planimetric data owned by LETA and hereinafter referred to as the "Product," for internal use only by TOWN. B. This License Agreement does not constitute a sale of any title or interest in the Product. Title to the Product is not transferred to TOWN. Ownership of the Product and of any authorized copies made by TOWN is vested in LETA subject to the rights granted to TOWN in this License Agreement. LETA reserves all rights not expressly granted to TOWN by this License Agreement. C. TOWN understands that this is a one-time delivery and that while LETA has no responsibility for updating the Product, or information contained therein, should LETA undertake such updating, TOWN may receive any updating upon request. Nothing herein shall be deemed to prohibit or otherwise restrict TOWN from updating the Product, or information contained therein, for its own purposes. This License Agreement shall revoke or otherwise terminate a previous or now existing letter agreement between LETA and TOWN relating to updates or maintenance of the Product, or information contained therein. LETA shall have no obligation or responsibility to provide maintenance, support, or training to TOWN. ' D. No part of the Product may be copied, reproduced or transmitted in any form or by any means whatsoever, including but not limited to, electronic, 'mechanical, photocopying, recording, scanning, or by any information or retrieval system for any non-approved purpose without the express written permission of LETA. Unrestricted use of the Product on TOWN's computers or by TOWN's contractors' or agents' computers for purposes of their contract or agency shall be considered "approved purposes" for purposes of the restrictions set forth herein, and no written permission shall be required for such uses. Likewise, "approved purposes" shall include distribution of digital versions of the Product for public access applications. TOWN shall not license, subilicense, assign, lease, release, publish, transfer, sell, permit access to, distribute, allow interactive rights to, or otherwise make available the Product, or any portion thereof, in any form or media now known or hereinafter created, to a third party without the express written permission of LETA, except for those "approved purposes" as set forth hereinabove. TOWN agrees to notify its employees, agents, and any contractors of the restrictions contained in this License Agreement and to ensure their compliance with such restrictions. Nothing in this subparagraph shall prohibit TOWN from distributing the Product to other governmental entities upon any such entity's written agreement to assume and maintain the confidentiality limitations as set forth in this License Agreement. E. TOWN agrees to recognize and honor in perpetuity the copyrights and other proprietary claims for survey control information, databases, collateral information, and products established or produced by LETA or the vendors furnishing said items to LETA. 2 I r ARTICLE II Period of Agreement A. This License Agreement shall commence upon signature hereunder and shall remain in force for a period of one (1) year (hereinafter referred to as "License Period") and shall be renewed automatically for successive one-year periods, unless sooner terminated by either party upon thirty (30) days' written notification, subject to the provisions of subparagraph C below. B. TOWN is only granted the right to use the Product during the License Period. C. The provisions of this License Agreement regarding confidentiality and restrictions (Article 1, subparagraph D) and the provisions of Articles IV. V, and VI shall survive termination of this License Agreement for any reason. ARTICLE III Provision of Information to LETA A. TOWN agrees to provide to LETA the following, without cost, as the sole consideration for its receipt of the digital GIS information referred to herein: 1) Any GPS information regarding section corners, quarters, or sixteenths located within TOWN's boundaries which TOWN may acquire. 2) Updated information regarding TOWN's boundaries and infrastructure. 3) Information regarding new subdivisions approved within TOWN's boundaries. It is understood and agreed that LETA will not release any information provided to it pursuant to this paragraph without written authorization from TOWN. B. With regard to digital information provided by TOWN to LETA, the provisions of this License Agreement pertaining to warranty disclaimers, indemnification, and limitation of liability, as those provisions are expressly set forth in Articles IV, V and VI hereof, shall apply to LETA's receipt and use of such information to the same extent that those provisions now apply to its provision of information to TOWN. 3 ARTICLE IV No Warranties The Product has been developed solely for internal use only by LETA. TOWN expressly agrees that TOWN's use of the Product is at TOWN's sole risk and undertaking. TOWN understands and acknowledges that the GIS database and data in the Product is subject to constant change and that its accuracy and completeness cannot be and is not guaranteed. UNDER NO CIRCUMSTANCE SHALL THE PRODUCT BE USED FOR FINAL DESIGN PURPOSES. THE PRODUCT IS DISTRIBUTED ON AN "AS IS" BASIS. LETA MAKES NO WARRANTIES OR GUARANTEES, EITHER EXPRESSED OR IMPLIED, AS TO THE COMPLETENESS, ACCURACY, OR CORRECTNESS OF THE PRODUCT, NOR DOES LETA ACCEPT ANY LIABILITY ARISING FROM ANY INCORRECT, INCOMPLETE OR MISLEADING INFORMATION CONTAINED THEREIN. THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, OF TITLE OR MERCHANTABILITY OR FITNESS OF THE PRODUCT FOR A PARTICULAR PURPOSE. LETA IS NOT RESPONSIBLE FOR AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF TOWN'S USE OF THE PRODUCT, OR INABILITY TO USE THE PRODUCT, OR OUT OF ANY BREACH OF ANY WARRANTY. TOWN AGREES THAT THE PRODUCT SHALL BE USED AND RELIED UPON ONLY AT ITS RISK. ARTICLE V Liabilities . A. TO THE EXTENT ALLOWABLE BY LAW, TOWN AGREES TO INDEMNIFY AND HOLD HARMLESS LETA, ITS OFFICIALS, OFFICERS, EMPLOYEES AND SERVANTS FROM ANY LIABILITY, CLAIMS, LOSS, DAMAGES, INJURY, COSTS AND ATTORNEY FEES ARISING OUT OF THIS LICENSE AGREEMENT OR PROCURING, COMPILING, COLLECTING, INTERPRETING, PRODUCING, USING OR COMMUNICATING THE PRODUCT OR INFORMATION CONTAINED THEREIN. B. TO THE EXTENT ALLOWABLE BY LAW, LETA AGREES TO INDEMNIFY AND HOLD HARMLESS TOWN, ITS OFFICIALS, OFFICERS, EMPLOYEES AND SERVANTS FROM ANY LIABILITY, CLAIMS, LOSS, DAMAGES, INJURY, COSTS AND ATTORNEY FEES FOR ANY NEGLIGENT ACT OR ACTS SOLELY ATTRIBUTABLE TO LETA. 4 . C. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO WAIVE OR LIMIT ANY RIGHT OR DEFENSE AVAILABLE TO EITHER PARTY UNDER THE "COLORADO GOVERNMENTAL IMMUNITY ACT" OR ANY SIMILAR OR RELATED STATUTORY PROVISION. ARTICLE VI Breach And Remedies A. In the event TOWN breaches any of the terms, conditions, covenants, or agreements contained in this License Agreement, not only shall the license granted herein immediately cease, but LETA shall thereupon have the right to any and all legal or equitable remedies including, but not limited to, injunctive relief. B. TOWN acknowledges that use or disclosure of the Product in violation of this License Agreement may cause irreparable harm to LETA. ARTICLE VII Non-Assignability Neither this License Agreement nor the rights granted by it shall be assigned or transferred by TOWN under any circumstance whatsoever. This restriction on assignments and transfers shall apply to assignments or transfers by operation of law, as well as by contract, merger, or consolidation. Any attempted assignment or transfer in derogation of this prohibition is void. ARTICLE VIII Governing Law The validity, interpretation, and construction of this License Agreement shall be governed by and construed in accordance with the laws of the State of Colorado and the United States of America. The exclusive jurisdiction and venue for any lawsuit between the parties arising out of this License Agreement shall be Larimer County, Colorado. ARTICLE IX Miscellaneous A. Each of the parties hereby agrees that it will do or cause to be done all things necessary to preserve its rights and meet its obligations under this License Agreement. 5 . B. This License Agreement contains no financial commitments on the part of LETA or TOWN. In the event any necessary funds for this License Agreement are not appropriated for each fiscal year by either entity, such entity may terminate this License Agreement upon thirty (30) days' written notice to the other entity. C. Captions used in this License Agreement are for convenience and are not used in the construction of this License Agreement. D. This License Agreement contains the entire' agreement of the parties. No other representation, whether oral or written, may be relied upon by either party other than those that are expressly set forth herein. No agent, employee or other representative of either party is empowered to alter any of the terms herein unless done in writing and signed by an authorized representative of each party. E. If for any reason a court of competent jurisdiction finds any provision of this License Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License Agreement shall continue in full force and effect. F. Nothing contained herein shall imply an employer/employee relationship, a joint venture, partnership, or other association between LETA and TOWN. G. Any notice or communication given pursuant to this License Agreement shall be given in writing, either in person (deemed given when actually received) or by certified mail, return receipt requested (deemed given three (3) days after mailed). Notice shall be given to the parties at the following addresses: LETA: Debbie Tellez LETA Administrative Assistant P. O. Box 273060 Fort Collins, CO 80527-3060 with a copy to: John P. Frey, Esq. P. O. Box 2283 Fort Collins, CO.80522-2283 TOWN: GIS Division Town of Estes Park P. O. Box 1200 Estes Park, CO 80517 6 H. The undersigned town warrants to LETA that it has full power and authority to enter into, and where applicable, to act as the agent of TOWN and be bound to perform its obligations under this License Agreement. I. This License Agreement contains the entire agreement and understanding between the parties to this License Agreement and supersedes any other agreements concerning, the subject matter of this transaction, whether oral or written. It is expressly understood and agreed that the enforcement of the terms and conditions of this License Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this License Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this License Agreement. It is the express intention of the undersigned parties that any entity, other than the undersigned parties receiving services or benefits under this License Agreement, shall be deemed an incidental beneficiary only. IN WITNESS WHEREOF, said parties hereto set their hands and seals. LARIMER EMERGENCY TELEPHONE AUTHORITY By Chairman of the Board of Directors [Print Name] ATTEST: Secretary TOWN OF ESTES PARK, COLORADO By Mayor [Print Name] ATTEST: Town Clerk 7 . SPECIAL EVENTS DEPARTMENT Memo 10: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Linda Hinze Date: February 20,2001 Subject: Purchase of Rodeo Panels Background In 2000 thel'own of Estes Park and Rooftop Rodeo Committee purchased new chutes and panels for the rodeo arena. The plans showed two phases - Phase I which was completed in 2000 from the chute area north and west to the blacksmith shop (tlie largest area) and Phase II which is south from the chute area to the track gates. Phase II, with the exception of the team events' arrow chutes (purchased in 2()()()), is to be purchased and set-up in 2001. The Rooftop Rodeo Committee will provide all manpower to install the panels. The needed equipment will be purchased from W-W Livestock Systems to match the system we purchased last year. The west holding pens will be rel)uilt by the Rodeo Committee this spring from the original panels removed from the north and east areas last year. Budget $7,000 was budgeted under Capital for rodeo panels and gates. Equipment list and prices :ire littached. Action Staff recommends approval of the purchase of the rodeo panels & gates for completion of the rodeo arena in the amount of $6,348 from W-W Livestock Systenns. 123 P01 . FEB 19 '01 10:29 'l. .. Butch Pinke,ton Home OffiÂ¢8 Factory Reprehentative P.O. Box 728 P.O Box 275 2400 E. Trail Dodge City, Kansas 67801 Wynnewood, Oklahoma 73098 (405) 665Â·2047 2-19-01 FAX# 970 586 3661 TOWN OF ESTES PARK SPECIAL EVENTS DEPARTMENT & FAIRGROUNDS P.O. BOX 1967 ESTES PARK, CO. 80517 ATT. LINDA: PER OUR CONVERSATION FRIDAY I REWORKED THE DRAWING FOR THE ROPING CHUTE END. PER CHIEF YOU HAVE THE 12'PANEL TO THE LEFT OF THE ROPING BOX AND THE ARROW PENS. THE FOLLOWING IS A LIST OF NEEDED EQUIPMENT. 1-ROPING CHU+E W/ 1 EXTENSION 2- 502 PANELS 1- 503 1- 504 1- 506 1 44% FLI: .2 2- 508 3- 510 :2 3- 512 ". .1-, 2- 512 6ORkM. GATE#f 47. â‚¬OÂ£'i;**S Â¢02[kED- WELD)'.70. i Â· 2- 514 2- 516 2- 516-6" , ....if.,...51if'li:<L;,:?1.:f,J: 2.Lt:-1.-2-''I.i-,Diti:''ff::'.:.,..1 ':... 1- 36"GIF 3- 60"GIF 1- 510G4 REVERSE SWING+ 1... ::i--Â·Â»1Â· ..... ..: f . 1- 512G4 REVERSE SWING 49 Â· .1... 1- 514 HPG>7'8'" 11- 2WP-6 8- 3WP-6 2- 1 WP-9" 3 1/2" PIPE (3'IN GROUND) 6- PANEL MOUNTING BRKTS. 23-*POST PADS W/ 2-PINS :i 1- 28" ACF PINS ALL AROUND THE ABOVE LIST OF EQUIPMENT WILL;COST $6,348.00 F.O.B. THOMAS, OK. (OUR NEW PLANT) PRODUCTION TIME IS RUNNING APPROX. 6 WEEKS. THANK YOU FOR THE OPPORTUNITY TO QUOTE ~15ROJECT. 84 4~LAIL BUTCH PINKERTON W-W RODEO AND LIVESTOCK SYSTEMS WORLD'S FINEST CATTLE HANDLING EQUIPMENT SINCE 1945 1Â·It 7-1 344-4-Ixt- \ 6- r - 49 7 00 Liz 4 432\49 + - - Church of Christ 1 1- Â»-14 Â»9 4-if . Town of Estes Park Community Development Memo To: Honorable Mayor Baudek Board of Trustees From: Dave Shirk, Planner 11 Date: February 27, 2001 Re: Dunraven Heights Annexation BACKGROUND The Dunraven Heights First Addition consists of a single 1.3-acre parcel of land. The Church of Christ occupies the property, which has a common address of 1470 Fish Creek Road. The addition fronts on Fish Creek Road, and is contiguous to the Town of Estes Park. The property is zoned RM "Multi-Family". This zoning will remain the same as part of the annexation process. However, as the property is moving to within the Town's corporate limits, the Town of Estes Park needs to confirm the zoning as part of its action. A map is attached for reference. BUDGET N/A RECOMMENDATION Approval of the annexation of the Dunraven Heights First Addition. 1 RESOLUTION NO. 9-01 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board of Trustees of the Town of Estes Park, Colorado, in accordance with Section 31-12-110, C.R.S., hereby finds that with regard to the proposed annexation of the following described area, that the requirements of the applicable parts of Sections 31-12- 104 and 31-12-105, C.R.S., have been met; that an election is not required under Section 31-12-107(2), C.R.S.; and that no additional terms and conditions are to be imposed on the annexation. The area eligible for annexation known as "DUNRAVEN HEIGHTS FIRST ADDITION" to the Town of Estes Park is as follows: A portion of the E 14 of the SE % of Section 31, TSN, R72W of the 6m P.M., Larimer County, Colorado, described as commencing at the SE corner of the NE % of the SE % of said Section 31; thence N 40Â°20'56" W a distance of 684.08 feet; to the TRUE POINT OF BEGINNING: Thence N 79Â°22'38" W a distance of 259.81 feet; Thence N 00Â°51'42" E a distance of 105.95 feet; Thence 119.27 feet along the arc of a curve concave to the Southeast, said curve has a delta angle of 44Â°48'37", a radius of 152.50 feet and is subtended by a chord bearing N 21Â°32'36" E a distance of 116.25 feet; Thence S 67Â°23'38" E a distance of 345.14 feet; Thence S 38Â°54'22" W a distance of 166.18 feet to the TRUE POINT OF BEGINNING. CONTAINING 1.3 ACRES. DATED this day of ,20 TOWN OF ESTES PARK Mayor ATTEST: Town Clerk ORDINANCE NO. 1-01 AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE TOWN OF ESTES PARK, COLORADO, TO BE KNOWN AND DESIGNATED AS DUNRAVEN HEIGHTS FIRST ADDITION BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK COLORADO: Section 1. That a Petition for Annexation, together with four (4) copies of the plat of said area as required by law, was filed with the Board of Trustees on the 23rd day of January, 2001 by the landowners of one hundred percent (100%) of the area and owning one hundred percent (100%) of the area, excluding public streets and alleys of the area hereinafter described. The Board, by Resolution at its regular meeting on the 23rd day of January, 2001, accepted said Petition and found and determined that the provisions of Section 31-12-107(1), C.R.S., were met; and the Board further determined that the Town Board should consider the annexation plat on February 27, 2001 at 7:00 p.m. in the Municipal Building for the purposes of determining that the proposed annexation complies with the applicable provisions of Sections 31-12-104 and 31-12-105, C.R.S., and is considered eligible for annexation. Section 2. That the Notice of said hearing was given and published as provided in Section 31-12-108(2), C.R.S. Section 3. That the hearing was held pursuant to the provisions of Section 31-12- 109, C.R.S., on the 27th day of February, 2001. Section 4. That following said hearing, the Board of Trustees adopted a Resolution determining that the proposed annexation met the requirements of the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S.; that an election was not required under Section 31-12-107(2), C.R.S.; and that no additional terms or conditions are to be imposed upon said annexation. Section 5. That the annexation of the following described area designated as DUNRAVEN HEIGHTS FIRST ADDITION to the Town of Estes Park, Colorado, is hereby approved: A portion of the E % of the SE % of Section 31, T5N, R72W of the 6th P.M., Larimer County, Colorado, described as commencing at the SE corner of the NE % of the SE 1/1 of said Section 31; thence N 40Â°20'56" W a distance of 684.08 feet; to the TRUE POINT OF BEGINNING: Thence N 79Â°22'38" W a distance of 259.81 feet; Thence N 00Â°51'42Â» E a distance of 105.95 feet; Thence 119.27 feet along the arc of a curve concave to the Southeast, said curve has a delta angle of 44Â°48'37",a radius of 152.50 feet and is subtended by a chord bearing N 21Â°32'36" E a distance of 116.25 feet; Thence S 67Â°23'38" E a distance of 345.14 feet; Thence S 38Â°54'22" W a distance of 166.18 feet to the TRUE POINT OF BEGINNING. CONTAINING 1.3 ACRES. Section 6. The Town of Estes Park, Colorado, hereby consents, pursuant to Section 37-45-126(3.6) C.R.S., to the inclusion of lands described above into the Northern Colorado Water Conservancy District and the Municipal SubDistrict, Northern Colorado Water Conservancy District. Section 7. The Dunraven Heights First Addition is zoned R-M Multi-Family Residential. Section 8. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK COLORADO, THIS DAY OF 20 TOWN OF ESTES PARK Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the day of , 20__ and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of ,20 , all as required by the Statutes of the State of Colorado. Town Clerk \ W -4.-14_ 2 Â« / k , 1- \ - 1 : 1/11 1 1 -:4/1-4 11 /7- 11 ~a E -L I r / 1 I- ,/ I. 1 - 1 -1 - '11 '..' f'Â· , .C 93 Â«9#11 m Existing Town Boundary 400 0 400 800 Feet N Area Proposed to be Annexed Town of Estes Park Community Development Memo TO: Honorable Mayor Baudek Board of Trustees From: Dave Shirk, Planner 11 Date: February 27, 2001 Re: Uplands Annexation BACKGROUND The Uplands Addition consists of 42 single-family dwelling lots and six (6) outlots, totaling 159.5 acres +A. The subdivision is approximately 80% developed. The addition receives access from Fish Creek Road. The property is zoned "E-1" Estate. This zoning will remain the same as part of the annexation process. However, as the property is moving to within the Town's corporate limits, the Town of Estes Park needs to confirm the zoning as part of its action. A map is attached for reference. BUDGET The Town of Estes Park is paying for the surveying costs of the annexation. All costs have been budgeted for. RECOMMENDATION Approval of the annexation of the Uplands Addition. 1 RESOLUTION NO. 10-01 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK COLORADO: The Board of Trustees of the Town of Estes Park, Colorado, in accordance with Section 31-12-110, C.R.S., hereby finds that with regard to the proposed annexation of the following described area, that the requirements of the applicable parts of Sections 31-12- 104 and 31-12-105, C.R.S., have been met; that an election is not required under Section 31-12-107(2), C.R.S.; and that no additional terms and conditions are to be imposed on the annexation. The area eligible for annexation known as "UPLANDS/FISH CREEK ROAD #1, UPLANDS/FISH CREEK ROAD #2, and THE UPLANDS AT FISH CREEK ADDITION" to the Town of Estes Park is as follows: UPLANbs / FISH CREEK ROAD #1, MORE PARTICULARLY DESCRIBED AS: A PORTION OF THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 4 NORTH, RANGE 72 WEST OF THE 6th P.M., COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 6 AND CONSIDERING THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 6 AS BEARING S89Â°12'12"E WITH ALL BEARINGS HEREIN RELATIVE THERETO; THENCE N89Â°12'04"W 1320.76 FEET TO THE NORTHEAST CORNER OF LOT 4 OF SAID SECTION 6; THENCE N89Â°16'13"W 183.90 FEET TO THE WESTERLY RIGHT OF WAY LINE OF FISH CREEK ROAD (LARIMER COUNTY ROAD NO. 63); THENCE S38Â°30'21"W ALONG THE WESTERLY RIGHT OF WAY OF SAID ROAD A DISTANCE OF 18.89 FEET TO THE TRUE POINT OF BEGINNING: THENCE CONTINUING ALONG THE WESTERLY RIGHT OF WAY OF SAID ROAD FOR THE FOLLOWING SIX COURSES; THENCE 249.71 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 1169.42 FEET, SAID CURVE HAS A DELTA ANGLE OF 12Â°14'04" AND IS SUBTENDED BY A CHORD WHICH BEARS S32Â°23'19"W A DISTANCE OF 249.24 FEET; THENCE NON TANGENT TO THE CURVE S26Â°01'55"W A DISTANCE OF 9.38 FEET; THENCE 320.00 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 1027.91 FEET, SAID CURVE HAS A DELTA ANGLE OF 17Â°50'13" AND IS SUBTENDED BY A CHORD WHICH BEARS S17Â°06'48"W A DISTANCE OF 318.71 FEET; THENCE NON TANGENT TO THE CURVE S07Â°38'54"WA DISTANCE OF 28.52 FEET; THENCE 197.32 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 542.69 FEET, SAID CURVE HAS A DELTA ANGLE OF 20Â°49'56" AND IS SUBTENDED BY A CHORD WHICH BEARS S18Â°03'52"WA DISTANCE OF 196.23 FEET; THENCE NON TANGENT TO THE CURVE S28Â°25'32"WA DISTANCE OF 542.59 FEET; THENCE LEAVING SAID RIGHT OF WAY S61Â°34'28"E A DISTANCE OF 30.00 FEET; THENCE N28Â°25'32"E A DISTANCE OF 542.59 FEET; THENCE 208.03 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 585.53 FEET, SAID CURVE HAS A DELTA ANGLE OF 20Â°21'25" AND IS SUBTENDED BY A CHORD WHICH BEARS N18Â°14'49"E A DISTANCE OF 206.94 FEET; THENCE NON TANGENT TO THE CURVE N08Â°04'07"E A DISTANCE OF 28.40 FEET; THENCE 93.56 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 1217.93 FEET, SAID CURVE HAS A DELTA ANGLE OF 4Â°24'04" AND IS SUBTENDED BY A CHORD WHICH BEARS N10Â°16'09"E A DISTANCE OF 93.53 FEET; THENCE 217.63 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 845.03 FEET, SAID CORVE HAS A DELTA ANGLE OF 14Â°45'21" AND IS SUBTENDED BY A CHORD WHICH BEARS N19Â°50'52"E A DISTANCE OF 217.03 FEET; THENCE NON TANGENT TO THE CURVE N26Â°01'55"E A DISTANCE OF 9.06 FEET; THENCE 243.22 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 1095.58 FEET, SAID CURVE HAS A DELTA ANGLE OF 12Â°43'10" AND IS SUBTENDED BY A CHORD WHICH BEARS N32Â°23'31"E A DISTANCE OF 242.72 FEET; THENCE NON TANGENT TO THE CURVE N51Â°29'45"W A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING: CONTAINING 40,234 SQUARE FEET MORE OR LESS (0.923 ACRES). UPLANDS / FISH CREEK ROAD #2, MORE PARTICULARLY DESCRIBED AS: A PORTION OF THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 4 NORTH, RANGE 72 WEST OF THE 6th P.M., COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 6 AND CONSIDERING THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 6 AS BEARING S89Â°12'12"E WITH ALL BEARINGS HEREIN RELATIVE THERETO; THENCE N89Â°12'04"W 1320.76 FEET TO THE NORTHEAST CORNER OF LOT 4 OF SAID SECTION 6; THENCE N89Â°16'13"W 107.99 FEET TO THE EASTERLY RIGHT OF WAY LINE OF FISH CREEK ROAD (LARIMER COUNTY ROAD NO. 63) AND THE TRUE POINT OF BEGINNING: THENCE N89Â°16'13"W A DISTANCE OF 75.91 FEET TO THE WESTERLY RIGHT OF WAY , LINE OF SAID ROAD; THENCE S38Â°30'21"WA DISTANCE OF 18.89 FEET; THENCE S51Â°29'45"E A DISTANCE OF 30.00 FEET; THENCE NON TANGENT TO THE LINE 243.22 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 1095.58 FEET, SAID CURVE HAS A DELTA ANGLE OF 12Â°43'10" AND IS SUBTENDED BY A CHORD WHICH BEARS S32Â°23'31"W A DISTANCE OF 242.72 FEET; THENCE S26Â°01'55"WA DISTANCE OF 9.06 FEET; THENCE NON TANGENT TO THE LINE 217.63 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 845.03 FEET, SAID CURVE HAS A DELTA ANGLE OF 14Â°45'21" AND IS SUBTENDED BY A CHORD WHICH BEARS S19Â°50'52"W A DISTANCE OF 217.03 FEET; THENCE 93.56 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 1217.93 FEET, SAID CURVE HAS A DELTA ANGLE OF 4Â°24'04" AND IS SUBTENDED BY A CHORD WHICH BEARS S10Â°16'09"W A DISTANCE OF 93.53 FEET; THENCE S08Â°04'07"W A DISTANCE OF 28.40 FEET; THENCE NON TANGENT TO THE LINE 208.03 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 585.53 FEET, SAID CURVE HAS A DELTA ANGLE OF 20Â°21'25" AND IS SUBTENDED BY A CHORD WHICH BEARS S18Â°14'49"W A DISTANCE OF 206.94 FEET; THENCE S28Â°25'32"W A DISTANCE OF 542.59 FEET; THENCE N61Â°34'28"W A DISTANCE OF 30.00 FEET TO THE WESTERLY RIGHT OF WAY LINE OF SAID ROAD; THENCE CONTINUING ALONG THE WESTERLY RIGHT OF WAY OF SAID ROAD FOR THE FOLLOWING EIGHT COURSES; THENCE NON TANGENT TO THE LINE 287.37 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 968.40 FEET, SAID CURVE HAS A DELTA ANGLE OF 17Â°00'10" AND IS SUBTENDED BY A CHORD WHICH BEARS S36Â°55'36"W A DISTANCE OF 286.32 FEET; THENCE S45Â°50'15"W A DISTANCE OF 20.50 FEET; THENCE NON TANGENT TO THE LINE 278.83 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 588.48 FEET, SAID CURVE HAS A DELTA ANGLE OF 27Â°08'51" AND IS SUBTENDED BY A CHORD WHICH BEARS S32Â°15'49"W A DISTANCE OF 276.23 FEET; THENCE S17Â°11'59"WA DISTANCE OF 11.64 FEET; THENCE NON TANGENT TO THE LINE 266.46 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 1174.03 FEET, SAID CURVE HAS A DELTA ANGLE OF 13Â°00'15" AND IS SUBTENDED BY A CHORD WHICH BEARS S10Â°41'52"W A DISTANCE OF 265.89 FEET; THENCE S04Â°12'23"W A DISTANCE OF 261.53 FEET; THENCE NON TANGENT TO THE LINE 335.24 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 985.87 FEET, SAID CURVE HAS A DELTA ANGLE OF 19Â°28'59" AND IS SUBTENDED BY A CHORD WHICH BEARS S05Â°32'07"E A DISTANCE OF 333.62 FEET; THENCE S15Â°16'03"E A DISTANCE OF 559.49 FEET; THENCE LEAVING SAID WESTERLY RIGHT OF WAY S89Â°14'04"E A DISTANCE OF 62.60 FEET TO THE EASTERLY RIGHT OF WAY OF SAID ROAD; THENCE ALONG THE EASTERLY RIGHT OF WAY OF SAID ROAD FOR THE FOLLOWING SEVENTEEN COURSES; THENCE N15Â°13'19"WA DISTANCE OF 206.47 FEET; THENCE N15Â°19'22"WA DISTANCE OF 370.27 FEET; THENCE 315.00 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 923.17 FEET, SAID CURVE HAS A DELTA ANGLE OF 19Â°33'00" AND IS SUBTENDED BY A CHORD WHICH BEARS N05Â°32'52"WA DISTANCE OF 313.47 FEET; THENCE NON TANGENT TO THE CURVE N04Â°12'53"E A DISTANCE OF 261.41 FEET; THENCE 252.91 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 1116.87 FEET, SAID CURVE HAS A DELTA ANGLE OF 12Â°58'27" AND IS SUBTENDED BY A CHORD WHICH BEARS N10Â°42'07"E A DISTANCE OF 252.37 FEET; THENCE NON TANGENT TO THE CURVE N18Â°16'19"E A DISTANCE OF 11.66 FEET; THENCE 248.97 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 507.87 FEET, SAID CURVE HAS A DELTA ANGLE OF 28Â°05'16" AND IS SUBTENDED BY A CHORD WHICH BEARS N32Â°18'58"E A DISTANCE OF 246.48 FEET; THENCE NON TANGENT TO THE CURVE N45Â°50'15"E A DISTANCE OF 20.50 FEET; THENCE 305.71 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 984.22 FEET, SAID CURVE HAS A DELTA ANGLE OF 17Â°47'49" AND IS SUBTENDED BY A CHORD WHICH BEARS N36Â°56'20"E A DISTANCE OF 304.48 FEET; THENCE NON TANGENT TO THE CURVE N28Â°25'32"E A DISTANCE OF 542.59 FEET; THENCE 218.69 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 615.53 FEET, SAID CURVE HAS A DELTA ANGLE OF 20Â°21'25" AND IS SUBTENDED BY A CHORD WHICH BEARS N18Â°14'49"E A DISTANCE OF 217.54 FEET; THENCE NON TANGENT TO THE CURVE N08Â°04'07"E A DISTANCE OF 28.40 FEET; THENCE 91.25 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 1187.93 FEET, SAID CURVE HAS A DELTA ANGLE OF 04Â°24'04" AND IS SUBTENDED BY A CHORD WHICH BEARS N10Â°16'09"E A DISTANCE OF 91.23 FEET; THENCE 210.21 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 815.03 FEET, SAID CURVE HAS A DELTA ANGLE OF 14Â°46'40" AND IS SUBTENDED BY A CHORD WHICH BEARS N19Â°51'31"E A DISTANCE OF 209.63 FEET; THENCE NON TANGENT TO THE CURVE N26Â°01'55"E A DISTANCE OF 9.38 FEET; THENCE 236.69 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 1065.58 FEET, SAID CURVE HAS A DELTA ANGLE OF 12Â°43'36" AND IS SUBTENDED BY A CHORD WHICH BEARS N32Â°23'43"E A DISTANCE OF 236.20 FEET; THENCE NON TANGENT TO THE CURVE N38Â°30'15"E A DISTANCE OF 65.39 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 163,195 SQUARE FEET MORE OR LESS (3.746 ACRES). THE UPLANDS AT FISH CREEK - A' PLANNED UNIT DEVELOPMENT, MORE PARTICULARLY DESCRIBED AS: A PORTION OF THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 4 NORTH, RANGE 72 WEST OF THE 6th P.M., COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 6 AND CONSIDERING THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 6 AS BEARING S89Â°12'12"E WITH ALL BEARINGS HEREIN RELATIVE THERETO; THENCE S00Â°16'47"E A DISTANCE OF 1551.09 FEET ALONG THE EAST LINE OF LOT 3 OF SAID SECTION; THENCE S00Â°16'20"E A DISTANCE OF 1378.94 FEET ALONG THE EAST LINE OF LOT 6 OF SAID SECTION; THENCE S00Â°15'02"E A DISTANCE OF 734.07 FEET ALONG THE EAST LINE OF LOT 9 OF SAID SECTION; THENCE S87Â°07'34"W A DISTANCE OF 1109.11 FEET; THENCE N00Â°19'52"W A DISTANCE OF 612.11 FEET; THENCE N89Â°12'31"W A DISTANCE OF 250.11 FEET; THENCE N89Â°14'04"W A DISTANCE OF 890.81 FEET TO THE EASTERLY RIGHT OF WAY LINE OF FISH CREEK ROAD (LARIMER COUNTY ROAD #63); THENCE CONTINUING ALONG THE EASTERLY RIGHT OF WAY OF SAID ROAD FOR THE FOLLOWING SEVENTEEN COURSES; THENCE N15Â°13'19"WA DISTANCE OF 206.47 FEET; THENCE N15Â°19'22"WA DISTANCE OF 370.27 FEET; THENCE 315.00 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 923.17 FEET, SAID CURVE HAS A DELTA ANGLE OF 19Â°33'00" AND IS SUBTENDED BY A CHORD WHICH BEARS N05Â°32'52"WA DISTANCE OF 313.47 FEET; THENCE NON TANGENT TO THE CURVE N04Â°12'53"E A DISTANCE OF 261.41 FEET; THENCE 252.91 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 1116.87 FEET, SAID CURVE HAS A DELTA ANGLE OF 12Â°58'27" AND IS SUBTENDED BY A CHORD WHICH BEARS N10Â°42'07"E A DISTANCE OF 252.37 FEET; THENCE NON TANGENT TO THE CURVE N18Â°16'19"E A DISTANCE OF 11.66 FEET; THENCE 248.97 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 507.87 FEET, SAID CURVE HAS A DELTA ANGLE OF 28Â°05'16" AND IS SUBTENDED BY A CHORD WHICH BEARS N32Â°18'58"E A DISTANCE OF 246.48 FEET; THENCE NON TANGENT TO THE CURVE N45Â°50'15"E A DISTANCE OF 20.50 FEET; THENCE 305.71 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 984.22 FEET, SAID CURVE HAS A DELTA ANGLE OF 17Â°47'49" AND IS SUBTENDED BY A CHORD WHICH BEARS N36Â°56'20"E A DISTANCE OF 304.48 FEET; THENCE NON TANGENT TO THE CURVE N28Â°25'32"E A DISTANCE OF 542.59 FEET; THENCE 218.69 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 615.53 FEET, SAID CURVE HAS A DELTA ANGLE OF 20Â°21'25" AND IS SUBTENDED BY A CHORD WHICH BEARS N18Â°14'49"E A DISTANCE OF 217.54 FEET; THENCE NON TANGENT TO THE CURVE N08Â°04'07"E A DISTANCE OF 28.40 FEET; THENCE 91.25 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 1187.93 FEET, SAID CURVE HAS A DELTA ANGLE OF 04Â°24'04" AND IS SUBTENDED BY A CHORD WHICH BEARS N10Â°16'09"E A DISTANCE OF 91.23 FEET; THENCE 210.21 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 815.03 FEET, SAID CURVE HAS A DELTA ANGLE OF 14Â°46'40" AND IS SUBTENDED BY A CHORD WHICH BEARS N19Â°51'31"E A DISTANCE OF 209.63 FEET; THENCE NON TANGENT TO THE CURVE N26Â°01'55"E A DISTANCE OF 9.38 FEET; THENCE 236.69 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 1065.58 FEET, SAID CURVE HAS A DELTA ANGLE OF 12Â°43'36" AND IS SUBTENDED BY A CHORD WHICH BEARS N32Â°23'43"E A DISTANCE OF 236.20 FEET; THENCE NON TANGENT TO THE CURVE N38Â°30'15"E A DISTANCE OF 65.39 FEET; THENCE DEPARTING SAID RIGHT OF WAY S89Â°16'13"E A DISTANCE OF 107.99 FEET; THENCE S00Â°24'52"W A DISTANCE OF 459.65 FEET; THENCE S89Â°11'40"E A DISTANCE OF 459.53 FEET; THENCE N00Â°25'33"E A DISTANCE OF 459.64 FEET; THENCE S89Â°12'39"E A DISTANCE OF 861.20 FEET TO THE POINT OF BEGINNING. CONTAINING 6,951,064 SQUARE FEET MORE OR LESS (159.574 ACRES). DATED this day of ,20 TOWN OF ESTES PARK Mayor ATTEST: Town Clerk . 1 , . ORDINANCE NO. 2-01 AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE TOWN OF ESTES PARK, COLORADO, TO BE KNOWN AND DESIGNATED AS UPLANDS/FISH CREEK ROAD #1, UPLANDS/FISH CREEK ROAD #2, AND THE UPLANDS AT FISH CREEKADDITION BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That a Petition for Annexation, together with four (4) copies of the plat of said area as required by law, was filed with the Board of Trustees on the 23rd day of January, 2001 by the landowners of more than fifty percent (50%+) of the area and owning more than fifty percent (50%+) of the area, excluding public streets and alleys of the area hereinafter described. The Board, by Resolution at its regular meeting on the 23rd day of January, 2001, accepted said Petition and found and determined that the provisions of Section 31-12-107(1), C.R.S., were met; and the Board further determined that the Town Board should consider the annex plat on February 27, 2001 at 7:00 p.m. in the Municipal Building for the purposes of determining that the proposed annexation complies with the applicable provisions of Sections 31-12-104 and 31-12-105, C.R.S., and is considered eligible for annexation. Section 2. That the Notice of said hearing was given and published as provided in Section 31-12-108(2), C.R.S. Section 3. That the hearing was held pursuant to the provisions of Section 31-12- 109, C.R.S., on the 27th day of February, 2001. Â· Section 4. That following said hearing, the Board of Trustees adopted a Resolution determining that the proposed annexation met the requirements of the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S.; that an election was not required under Section 31-12-107(2), C.R.S.; and that no additional terms or conditions are to be imposed upon said annexation. Section 5. That the annexation of the following described area designated as UPLANDS/FISH CREEK ROAD #1, UPLANDS/FISH CREEK ROAD #2, and THE UPI-ANDS AT FISH CREEK ADDITION to the Town of Estes Park, Colorado, is hereby approved: UPLANDS / FISH CREEK ROAD #1, MORE PARTICULARLY DESCRIBED AS: * 1 '. C. A PORTION OF THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 4 NORTH, RANGE 72 WEST OF THE 6th P.M., COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 6 AND CONSIDERING THE NORTH LINE OF THE NORTHWEST 1/4' OF SAID SECTION 6 AS BEARING S89Â°12'12"E WITH ALL BEARINGS HEREIN RELATIVE THERETO; THENCE N89Â°12'04"W 1320.76 FEET TO THE NORTHEAST CORNER OF LOT 4 OF SAID SECTION 6; THENCE N89Â°16'13"W 183.90 FEET TO THE WESTERLY RIGHT OF WAY LINE OF FISH CREEK ROAD (LARIMER COUNTY ROAD NO. 63); THENCE S38Â°30'21"W ALONG THE WESTERLY RIGHT OF WAY OF SAID ROAD A DISTANCE OF 18.89 FEET TOÂ·THE TRUE POINT OF BEGINNING: THENCE CONTINUING ALONG THE WESTERLY RIGHT OF WAY OF SAID ROAD FOR THE FOLLOWING SIX COURSES; THENCE 249.71 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 1169.42 FEET, SAID CURVE HAS A DELTA ANGLE OF 12Â°14'04" AND IS SUBTENDED BY A CHORD WHICH BEARS S32Â°23'19"W A DISTANCE OF 249.24 FEET; THENCE NON TANGENT TO THE CURVE S26Â°01'55"WA DISTANCE OF 9.38 FEET; THENCE 320.00 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 1027.91 FEET, SAID CURVE HAS A DELTA ANGLE OF 17Â°50'13" AND IS SUBTENDED BY A CHORD WHICH BEARS S17Â°06'48"WA DISTANCE OF 318.71 FEET; THENCE NON TANGENT TO THE CURVE S07Â°38'54"W A DISTANCE OF 28.52 FEET; THENCE 197.32 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 542.69 FEET, SAID CURVE HAS A DELTA ANGLE OF 20Â°49'56" AND IS SUBTENDED BY A CHORD WHICH BEARS S18Â°03'52"W A DISTANCE OF 196.23 FEET; THENCE NON TANGENT TO THE CURVE S28Â°25'32"WA DISTANCE OF 542.59 FEET; THENCE LEAVING SAID RIGHT OF WAY S61Â°34'28"E A DISTANCE OF 30.00 FEET; THENCE N28Â°25'32"E A DISTANCE OF 542.59 FEET; THENCE 208.03 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 585.53 FEET, SAID CURVE HAS A DELTA ANGLE OF 20Â°21'25" AND IS SUBTENDED BY A CHORD WHICH BEARS N18Â°14'49"E A DISTANCE OF 206.94 FEET; THENCE NON TANGENT TO THE CURVE N08Â°04'07"E A DISTANCE OF 28.40 FEET; THENCE 93.56 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 1217.93 FEET, SAID CURVE HAS A DELTA ANGLE OF 4Â°24'04" AND IS SUBTENDED BY A CHORD WHICH BEARS N10Â°16'09"E A DISTANCE OF 93.53 FEET; THENCE 217.63 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 845.03 FEET, SAID CURVE HAS A DELTA ANGLE OF 14Â°45'21" AND IS SUBTENDED BY A CHORD WHICH BEARS N19Â°50'52"E A DISTANCE OF 217.03 FEET; THENCE NON TANGENT TO THE CURVE N26Â°01'55"E A DISTANCE OF 9.06 FEET; THENCE 243.22 FEET ALONG< THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 1095.58 FEET, SAID CURVE HAS A DELTA ANGLE OF 12Â°43'10" AND IS SUBTENDED BY A CHORD WHICH BEARS N32Â°23'31"E A DISTANCE OF 242.72 FEET; THENCE NON TANGENT TO THE CURVE N51Â°29'45"W A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING: CONTAINING 40,234 SQUARE FEET MORE OR LESS (0.923 ACRES). UPI-ANDS / FISH CREEK ROAD #2, MORE PARTICULARLY DESCRIBED AS: A PORTION OF THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 4 NORTH, RANGE 72 WEST OF THE 6th P.M., COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 6 AND CONSIDERING THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 6 AS BEARING S89Â°12'12"E WITH ALL BEARINGS HEREIN RELATIVE THERETO; 4 I . I THENCE N89Â°12'04"W 1320.76 FEET TO THE NORTHEAST CORNER OF LOT 4 OF SAID SECTION 6; THENCE N89Â°16'13"W 107.99 FEET TO THE EASTERLY RIGHT OF WAY LINE OF FISH CREEK ROAD (LARIMER COUNTY ROAD NO. 63) AND THE TRUE POINT OF BEGINNING: THENCE N89Â°16'13"W A DISTANCE OF 75.91 FEET TO THE WESTERLY RIGHT OF WAY LINE OF SAID ROAD; THENCE S38Â°30'21"WA DISTANCE OF 18.89 FEET; THENCE S51Â°29'45"E A DISTANCE OF 30.00 FEET; THENCE NON TANGENT TO THE LINE 243.22 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 1095.58 FEET, SAID CURVE HAS A DELTA ANGLE OF 12Â°43'10" AND IS SUBTENDED BY A CHORD WHICH BEARS S32Â°23'31"W A DISTANCE OF 242.72 FEET; THENCE S26Â°01'55"W A DISTANCE OF 9.06 FEET; THENCE NON TANGENT TO THE LINE 217.63 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 845.03 FEET, SAID CURVE HAS A DELTA ANGLE OF 14Â°45'21" AND IS SUBTENDED BY A CHORD WHICH BEARS S19Â°50'52"W A DISTANCE OF 217.03 FEET; THENCE 93.56 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 1217.93 FEET, SAID CURVE HAS A DELTA ANGLE OF 4Â°24'04" AND IS SUBTENDED BY A CHORD WHICH BEARS S10Â°16'09"W A DISTANCE OF 93.53 FEET; THENCE S08Â°04'07"WA DISTANCE OF 28.40 FEET; THENCE NON TANGENT TO THE LINE 208.03 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 585.53 FEET, SAID CURVE HAS A DELTA ANGLE OF 20Â°21'25" AND IS SUBTENDED BY A CHORD WHICH BEARS S18Â°14'49"W A DISTANCE OF 206.94 FEET; THENCE S28Â°25'32"W A DISTANCE OF 542.59 FEET; THENCE N61Â°34'28"W A DISTANCE OF 30.00 FEET TO THE WESTERLY RIGHT OF WAY LINE OF SAID ROAD; THENCE CONTINUING ALONG THE WESTERLY RIGHT OF WAY OF SAID ROAD FOR THE FOLLOWING EIGHT COURSES; THENCE NON TANGENT TO THE LINE 287.37 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 968.40 FEET, SAID CURVE HAS A DELTA ANGLE OF 17Â°00'10" AND IS SUBTENDED BY A CHORD WHICH BEARS S36Â°55'36"W A DISTANCE OF 286.32 FEET; THENCE S45Â°50'15"W A DISTANCE OF 20.50 FEET; THENCE NON TANGENT TO THE LINE 278.83 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 588.48 FEET, SAID CURVE HAS A DELTA ANGLE OF 27Â°08'51" AND IS SUBTENDED BY A CHORD WHICH BEARS S32Â°15'49"W A DISTANCE OF 276.23 FEET; THENCE S17Â°11'59"WA DISTANCE OF 11.64 FEET; THENCE NON TANGENT TO THE LINE 266.46 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 1174.03 FEET, SAID CURVE HAS A DELTA ANGLE OF 13Â°00'15" AND IS SUBTENDED BY A CHORD WHICH BEARS S10Â°41'52"W A DISTANCE OF 265.89 FEET; THENCE S04Â°12'23"W A DISTANCE OF 261.53 FEET; THENCE NON TANGENT TO THE LINE 335.24 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 985.87 FEET, SAID CURVE HAS A DELTA ANGLE OF 19Â°28'59" AND IS SUBTENDED BY A CHORD WHICH BEARS 605Â°32'07"E A DISTANCE OF 333.62 FEET; THENCE S15Â°16'03"E A DISTANCE OF 559.49 FEET; THENCE LEAVING SAID WESTERLY RIGHT OF WAY S89Â°14'04"E A DISTANCE OF 62.60 FEET TO THE EASTERLY RIGHT OF WAY OF SAID ROAD; THENCE ALONG THE EASTERLY RIGHT OF WAY OF SAID ROAD FOR THE FOLLOWING SEVENTEEN COURSES; THENCE N15Â°13'19"W A DISTANCE OF 206.47 FEET; . 0. THENCE N15Â°19'22"W A DISTANCE OF 370.27 FEET; THENCE 315.00 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 923.17 FEET, SAID CURVE HAS A DELTA ANGLE OF 19Â°33'00" AND IS SUBTENDED BY A CHORD WHICH BEARS N05Â°32'52"WA DISTANCE OF 313.47 FEET; THENCE NON TANGENT TO THE CURVE N04Â°12'53"E A DISTANCE OF 261.41 FEET; THENCE 252.91 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 1116.87 FEET, SAID CURVE HAS A DELTA ANGLE OF 12Â°58'27" AND IS SUBTENDED BY A CHORD WHICH BEARS N10Â°42'07"E A DISTANCE OF 252.37 FEET; THENCE NON TANGENT TO THE CURVE N18Â°16'19"E A DISTANCE OF 11.66 FEET; THENCE 248.97 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 507.87 FEET, SAID CURVE HAS A DELTA ANGLE OF 28Â°05'16" AND IS SUBTENDED BY A CHORD WHICH BEARS N32Â°18'58"E A DISTANCE OF 246.48 FEET; THENCE NON TANGENT TO THE CURVE N45Â°50'15"E A DISTANCE OF 20.50 FEET; THENCE 305.71 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 984.22 FEET, SAID CURVE HAS A DELTA ANGLE OF 17Â°47'49" AND IS SUBTENDED BY A CHORD WHICH BEARS N36Â°56'20"E A DISTANCE OF 304.48 FEET; THENCE NON TANGENT TO THE CURVE N28Â°25'32"E A DISTANCE OF 542.59 FEET; THENCE 218.69 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 615.53 FEET, SAID CURVE HAS A DELTA ANGLE OF 20Â°21'25" AND IS SUBTENDED BY A CHORD WHICH BEARS N18Â°14'49"E A DISTANCE OF 217.54 FEET; THENCE NON TANGENT TO THE CURVE N08Â°04'07"E A DISTANCE OF 28.40 FEET; THENCE 91.25 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 1187.93 FEET, SAID CURVE HAS A DELTA ANGLE OF 04Â°24'04" AND IS SUBTENDED BY A CHORD WHICH BEARS N10Â°16'09"E A DISTANCE OF 91.23 FEET; THENCE 210.21 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 815.03 FEET, SAID CURVE HAS A DELTA ANGLE OF 14Â°46'40" AND IS SUBTENDED BY A CHORD WHICH BEARS N19Â°51'31"E A DISTANCE OF 209.63 FEET; THENCE NON TANGENT TO THE CURVE N26Â°01'55"E A DISTANCE OF 9.38 FEET; THENCE 236.69 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 1065.58 FEET, SAID CURVE HAS A DELTA ANGLE OF 12Â°43'36" AND IS SUBTENDED BY A CHORD WHICH BEARS N32Â°23'43"E A DISTANCE OF 236.20 FEET; THENCE NON TANGENT TO THE CURVE N38Â°30'15"E A DISTANCE OF 65.39 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 163,195 SQUARE FEET MORE OR LESS (3.746 ACRES). THE UPLANDS AT FISH CREEK - A PLANNED UNIT DEVELOPMENT, MORE PARTICULARLY DESCRIBED AS: A PORTION OF THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 4 NORTH, RANGE 72 WEST OF THE 6th P.M., COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 6 AND CONSIDERING THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 6 AS BEARING S89Â°12'12"E WITH ALL BEARINGS HEREIN RELATIVE THERETO; THENCE S00Â°16'47"E A DISTANCE OF 1551.09 FEET ALONG THE EAST LINE OF LOT 3 OF SAID SECTION; THENCE S00Â°16'20"E A DISTANCE OF 1378.94 FEET ALONG THE EAST LINE OF LOT 6 OF SAID SECTION; THENCE S00Â°15'02"E A DISTANCE OF 734.07 FEET ALONG THE EAST LINE OF COT 9 OF SAID SECTION; THENCE S87Â°07'34"WA DISTANCE OF 1109.11 FEET; THENCE N00Â°19'52"W A DISTANCE OF 612.11 FEET; THENCE N89Â°12'31"W A DISTANCE OF 250.11 FEET; . L 1. 1 ' D~ THENCE N89Â°14'04"W A DISTANCE OF 890.81 FEET TO THE EASTERLY RIGHT OF WAY LINE OF FISH CREEK ROAD (LARIMER COUNTY ROAD #63); THENCE CONTINUING ALONG THE EASTERLY RIGHT OF WAY OF SAID ROAD FOR THE FOLLOWING SEVENTEEN COURSES; THENCE N15Â°13'19"W A DISTANCE OF 206.47 FEET; THENCE N15Â°19'22"W A DISTANCE OF 370.27 FEET; THENCE 315.00 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 923.17 FEET, SAID CURVE HAS A DELTA ANGLE OF 19Â°33'00" AND IS SUBTENDED BY A CHORD WHICH BEARS N05Â°32'52"WA DISTANCE OF 313.47 FEET; THENCE NON TANGENT TO THE CURVE N04Â°12'53"E A DISTANCE OF 261.41 FEET; THENCE 252.91 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 1116.87 FEET, SAID CURVE HAS A DELTA ANGLE OF 12Â°58'27" AND IS SUBTENDED BY A CHORD WHICH BEARS N10Â°42'07"E A DISTANCE OF 252.37 FEET; THENCE NON TANGENT TO THE CURVE N18Â°16'19"E A DISTANCE OF 11.66 FEET; THENCE 248.97 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 507.87 FEET, SAID CURVE HAS A DELTA ANGLE OF 28Â°05'16" AND IS SUBTENDED BY A CHORD WHICH BEARS N32Â°18'58"E A DISTANCE OF 246.48 FEET; THENCE NON TANGENT TO THE CURVE N45Â°50'15"E A DISTANCE OF 20.50 FEET; THENCE 305.71 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 984.22 FEET, SAID CURVE HAS A DELTA ANGLE OF 17Â°47'49" AND IS SUBTENDED BY A CHORD WHICH BEARS N36Â°56'20"E A DISTANCE OF 304.48 FEET; THENCE NON TANGENT TO THE CURVE N28Â°25'32"E A DISTANCE OF 542.59 FEET; THENCE 218.69 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 615.53 FEET, SAID CURVE HAS A DELTA ANGLE OF 20Â°21'25" AND IS SUBTENDED BY A CHORD WHICH BEARS N18Â°14'49"E A DISTANCE OF 217.54 FEET; THENCE NON TANGENT TO THE CURVE N08Â°04'07"E A DISTANCE OF 28.40 FEET; THENCE 91.25 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 1187.93 FEET, SAID CURVE HAS A DELTA ANGLE OF 04Â°24'04" AND IS SUBTENDED BY A CHORD WHICH BEARS N10Â°16'09"E A DISTANCE OF 91.23 FEET; THENCE 210.21 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 815.03 FEET, SAID CURVE HAS A DELTA ANGLE OF 14Â°46'40" AND IS SUBTENDED BY A CHORD WHICH BEARS N19Â°51'31"E A DISTANCE OF 209.63 FEET; THENCE NON TANGENT TO THE CURVE N26Â°01'55"E A DISTANCE OF 9.38 FEET; THENCE 236.69 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 1065.58 FEET, SAID CURVE HAS A DELTA ANGLE OF 12Â°43'36" AND IS SUBTENDED BY A CHORD WHICH BEARS N32Â°23'43"E A DISTANCE OF 236.20 FEET; THENCE NON TANGENT TO THE CURVE N38Â°30'15"E A DISTANCE OF 65.39 FEET; THENCE DEPARTING SAID RIGHT OF WAY S89Â°16'13"E A DISTANCE OF 107.99 FEET; THENCE S00Â°24'52"WA DISTANCE OF 459.65 FEET; THENCE S89Â°11'40"E A DISTANCE OF 459.53 FEET; THENCE N00Â°25'33"E A DISTANCE OF 459.64 FEET; THENCE S89Â°12'39"E A DISTANCE OF 861.20 FEET TO THE POINT OF BEGINNING. CONTAINING 6,951,064 SQUARE FEET MORE OR LESS (159.574 ACRES). Section 6. The Town of Estes Park, Colorado, hereby consents, pursuant to Section 37-45-126(3.6) C.R.S., to the inclusion of lands described above into the Northern Colorado Water Conservancy District and the Municipal SubDistrict, Northern Colorado Water Conservancy District. Section 7. The Uplands at Fish Creek Addition is zoned E-1 Estate. 1 , Section 8. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF 20 . TOWN OF ESTES PARK Mayor ATTEST: Town Clerk ' ' I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the day of , 20__ and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 20 , all as required by the Statutes of the State of Colorado. Town Clerk