HomeMy WebLinkAboutPACKET Town Board 2017-04-11The Mission of the Town of Estes Park is to provide high‐quality, reliable
services for the benefit of our citizens, guests, and employees, while
being good stewards of public resources and our natural setting.
The Town of Estes Park will make reasonable accommodations for access to Town
services, programs, and activities and special communication arrangements for persons
with disabilities. Please call (970) 577-4777. TDD available.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, April 11, 2017
7:00 p.m.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
1. CONSENT AGENDA:
1. Town Board Minutes dated March 28, 2017 and Town Board Workshop dated
March 21, 2017.
2. Bills.
3.Committee Minutes.
A. Community Development/Community Services Committee Minutes dated
March 23, 2017.
1. State Historical Fund Grant for Birch Ruins Construction Documents, $2,995
with $1000 Town Match - Budgeted.
2. Arena Footing Contract with Kiser Arena Specialists, Inc., $125,000 -
Budgeted.
4. Mountain Meadow Annexation Agreement Amendment.
5. Estes Park Housing Authority Board Appointment:
Julie Abel – a term beginning April 12, 2017 and expiring on April 12, 2022.
Pete Smith – a term beginning April 12, 2017 and expiring on April 12, 2022.
6. 2017 Chip/Crack Seal Contract with A-1 Chipseal, $424,535 Budgeted.
Prepared 03/31/17
* Revised 04/07/17
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NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
7. Utility Box Vinyl Wrap Artist Application Approval.
8. Letter of Support for GOCO Connect Initiative Grant Application for the Fall River
Trail Extension.
2. LIQUOR ITEMS:
1. NEW TAVERN LIQUOR LICENSE FILED BY CLIFF, INC, DBA HOLLYWOODS,
110 ½ W. ELKHORN AVENUE, ESTES PARK, CO 80517.
Town Clerk Williamson.
3.ACTION ITEMS:
1. ORDINANCE #11-17 CONTRACT APPROVING SALE OF FORMER CRYSTAL
WATER COMPANY PROPERTIES: SANBORN DAM PARCEL AND VACANT
LOT. Attorney White.
2. FAMILY ADVISOR BOARD APPOINTMENT AND TOWN BOARD LIAISON
APPOINTMENT. Interview Committee.
4. ADJOURN.
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Town of Estes Park, Larimer County, Colorado, March 28, 2017
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town
of Estes Park on the 28th day of March, 2017.
Present: Todd Jirsa, Mayor
Wendy Koenig, Mayor Pro Tem
Trustees Bob Holcomb
Patrick Martchink
Ward Nelson
Ron Norris
Also Present: Frank Lancaster, Town Administrator
Travis Machalek, Assistant Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: Trustee Cody Rex Walker
Mayor Jirsa called the meeting to order at 7:00 p.m. and all desiring to do so, recited the
Pledge of Allegiance.
AGENDA APPROVAL.
It was moved and seconded (Norris/Holcomb) to approve the Agenda as presented,
and it passed unanimously.
PUBLIC COMMENTS.
Steve Kaplan/Town citizen stated the Mayor proclaimed April 22, 2017 as Earth Day and
Estes Recycles Day. He encouraged the community to get involved and donate items
they no longer need and shop for items they may need.
TRUSTEE COMMENTS.
Trustee Nelson commented the Larimer County Open Lands Advisory Board reviewed
property acquisitions around the Horsetooth area, negotiation of an IGA with Loveland
and Fort Collins for the construction of the Front Range and Long View trails, genetically
pure bison herd continues to grow, the third and final phase of Lions Open Space
restoration nearing completion, and other restoration projects ongoing.
Mayor Pro Tem Koenig stated the Sister Cities Organization would encourage those
interested in getting involved to contact Christine Hall directly.
Mayor Jirsa thanked Administrator Lancaster for arranging the presentation of the
Centennial Resolution at the State House. He stated the Town Board would review the
Town’s Policy Governance policies and requested the Board provide some direction on
which policies to review first.
Trustee Norris reminded the public the bears are beginning to awaken and to be mindful
of food and trash. Citizens have questioned if the new parking garage would have
charging stations. The garage would be built with the infrastructure to install charging
station in the future when funding becomes available. The Town received 18 applications
for the Family Advisory Board. Interviews would be held and recommendations presented
to the Town Board in April. The Planning Commission continues to work on the
Comprehensive Plan with guidance from the two elected bodies, and reviewing a height
increase within the valley.
Trustee Martchink stated the utility box art would be presented to the Town Board for final
approval with a recommendation from the Parks Advisory Board.
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Board of Trustees – March 28, 2017 – Page 2
TOWN ADMINISTRATOR REPORT.
Director Hunt introduced the new Planner I Robin Becker. The Board welcomed her to
the team.
Administrator Lancaster stated the Postmaster has indicated the Post Office continues to
investigate locations for a new building, however, plans to move out of the downtown area
are not imminent. The Post Office would be interested in discussing an option to build a
new building with a private investor and entering into a long term lease.
Policy Governance Quarterly Report: Reported overall compliance with Policies 3.1
through 3.11 with two exceptions to 3.2.4 and 3.10.4 where he reported partial
compliance.
1. CONSENT AGENDA:
1. Town Board Minutes dated March 14, 2017 and Town Board Study Session
dated March 14, 2017 and Town Board Workshop dated March 7, 2017.
2. Bills.
3.Transportation Advisory Board Minutes dated February 15, 2017
(acknowledgement only).
4. Parks Advisory Board Minutes dated February 17, 2017 (acknowledgement
only).
5. Estes Valley Planning Commission Minutes dated February 21, 2017
(acknowledgement only).
6. Estes Valley Board of Adjustment Minutes dated February 7, 2017
(acknowledgement only).
7. Mountain Meadow Annexation Agreement Amendment – Continued to the April
11, 2017 Town Board meeting.
8. Resolution #10-17 Setting the Public Hearing date of April 25, 2017 for a New
Beer and Wine Liquor License filed by Elk Meadow RV Essential Group LLC
dba Elk Meadows Lodge & RV Resort, 1665 Highway 66, Estes Park, CO
80517
9. Approval of Policy Governance Report.
It was moved and seconded (Holcomb/Koenig) to approve the Consent Agenda
Items, and it passed unanimously.
2. LIQUOR ITEMS:
1.UPDATE LIQUOR LICENSE VIOLATION FOLLOW-UP FOR BOWL FORT
COLLINS LLC DBA CHIPPERS LANES ESTES PARK CENTER. Brian
Smith/Senior Operations Manager provided a review of the operational changes
that have occurred, including retraining of the entire staff, ID training, how to stop
over serving, and the use of the Bars program to conduct random compliance
checks. The staff has passed each of the checks conducted to date. Chippers
continues to search for a new General Manager with Mr. Smith being present
five to six days a week until a new manager has been established. Matt
Hoeven/Owner stated the organization has six liquor licenses in Colorado and
have not had any other compliance issues. Their intent continues to be to create
a safe environment for families.
2. NEW HOTEL & RESTAURANT LIQUOR LICENSE APPLICATION FOR BIRD
& JIM LLC DBA BIRD & JIM, 915 MORAINE AVENUE, ESTES PARK, CO
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Board of Trustees – March 28, 2017 – Page 3
80517. Mayor Jirsa opened the public hearing. Town Clerk Williamson reviewed
the application for the new Hotel and Restaurant liquor license, stating all
paperwork and fees have been submitted. The location was previously licensed
as the Sundeck Restaurant which closed November 2016. Melissa Strong and
Jimmy Kuch/owners would schedule TIPS training after they have hired staff.
The Mayor closed the public hearing. It was moved and seconded
(Koenig/Norris) to approve the Hotel & Restaurant Liquor License
Application for Bird & Jim, LLC, dba Bird & Jim, 915 Moraine Avenue, and
it passed unanimously.
3. NEW LODGING & ENTERTAINMENT LIQUOR LICENSE FILED BY LAZY B
CHUCKWAGON AND SHOW, LLC, DBA LAZY B, 600 W. ELKHORN
AVENUE, ESTES PARK, CO 80517. Mayor Jirsa opened the public meeting.
Town Clerk Williamson reviewed the application for the new Lodging and
Entertainment liquor license, stating all paperwork and fees have been
submitted. It was noted the Lazy B operated out of the Elk Meadow campground
in 2016 and has relocated to the Elkhorn Lodge for 2017. Mayor Jirsa closed the
public hearing. It was moved and seconded (Holcomb/Martchink) to approve
the Lodging & Entertainment Liquor License Application for Lazy B
Chuckwagon and Show, LLC, dba Lazy B, 600 W. Elkhorn Avenue, and it
passed unanimously.
4. TRANSFER OF A HOTEL & RESTAURANT LIQUOR LICENSE WITH
OPTIONAL PREMISE FOR ESTES VALLEY RECREATION & PARK
DISTRICT; SMOKIN DAVES, LLC DBA HANGER RESTAURANT AT THE
ESTES PARK GOLF COURSE, 1480 GOLF COURSE ROAD, ESTES PARK,
CO 80517. Town Clerk Williamson presented the application to transfer the
license because of the recent change in concessionaires at the golf course to
Smokin’ Dave’s, LLC. All required paperwork and fees were submitted and a
temporary was issued on March 15, 2017. TIPS training has not been confirmed
as of the date of the meeting, however, the applicant has another establishment
in Estes Park for which they completed TIPS training in the past. It was moved
and seconded (Holcomb/Norris) to approve the Transfer of Ownership from
Estes Valley Recreation & Park District; Tory & Bernice Nelson dba Hanger
Restaurant at the Estes Park Golf Course to Estes Valley Recreation & Park
District; Smokin’ Dave’s, LLC dba Hanger Restaurant at the Estes Park Golf
Course 1480 Golf Course Road, Hotel & Restaurant Liquor License with
Optional Premise, and it passed unanimously.
3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. ACTION ITEMS:
A. RESOLUTION #11-17 & ORDINANCE #10-17 CLOUD NINE
SUBDIVISION ADDITION ANNEXATION. Mayor Jirsa opened the public
hearing. Planner Gonzales reviewed the application to annex the A-1
property of 3.13 acres that borders current town limits. A final plat has been
approved by the County Commissioners for a 4-lot single-family home
subdivision located off Fish Hatchery Road. As there was not public
comment, Mayor Jirsa closed the public hearing. Town Attorney White read
Ordinance #10-17. It was moved and seconded (Holcomb/Norris) the
application meets the review criteria and approved Resolution #11-17
and Ordinance #10-17 with no conditions, and it passed unanimously.
4. ACTION ITEMS:
1.ORDINANCE #09-17 PROPOSED TEXT AMENDMENTS TO ESTES VALLEY
DEVELOPMENT CODE: EVDC §5.1.B (VACATION HOMES). Mayor Jirsa
opened the public hearing. Director Hunt reviewed the changes from the last
meeting, including the removal of the deadline to register a residential vacation
home, allow the cap to regulate the deadline, remove the requirement that all
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Board of Trustees – March 28, 2017 – Page 4
registered vacation homes have a Certificate of Occupancy issued by December
2016, place maximum parking requirement for vacation homes in residential
districts in this section of the code, vacation homes applications in non-residential
districts can be applied for after March 31, 2017 and are not subject to the cap,
provide additional guidance to the Planning Commission in criteria for making
determinations regarding 9 and over Vacation Homes in residential districts, and
reaffirmed the March 31, 2017 registration deadline for vacation homes that
would like to apply for 9 and over occupancy. The County Commissioners
approved the changes at their recent meeting.
Mary Murphy/County resident and realtor requested the Town make available an
update on the cap to assist homeowner and realtors with information on the
number of registrations available. Town Clerk Williamson stated the Clerk’s
office would post weekly updates on the Town’s website on the number of
available registrations. Mayor Jirsa closed the public hearing. Attorney White
read Ordinance #09-17. It was moved and seconded (Koenig/Holcomb) to
approve Ordinance #09-17 with an Emergency Clause, and it passed
unanimously.
2. ORDINANCE #08-17 PROPOSED TEXT AMENDMENTS TO ESTES VALLEY
DEVELOPMENT CODE: EDVC §4.3, §5.2, AND §13.3 (ACCESSORY
KITCHENS). Mayor Jirsa opened the public hearing. Director Hunt commented
the amendments to the accessory kitchens were revised to reflect the Town
Board’s comments from the last meeting. Accessory kitchens would continue as
an accessory use in the residential zoning district. Staff recommended removal
of the interior access shall be maintained to all parts of the dwelling, no land use
affidavit needed, and the removal of the requirement for the dwelling unit shall
have only one address. Staff recommended the addition of the outdoor kitchen
use language to the code. Mayor Jirsa closed the public hearing. Attorney White
read Ordinance #08-17. It was moved and seconded (Holcomb/Nelson) to
approve Ordinance #08-17 including Exhibit A as recommended by staff,
and it passed with Trustee Martchink voting “No”.
2.BOARD POLICY #107 TRUSTEE E-MAIL. Town Administrator Lancaster
reviewed the new policy that would post all Town Board emails for those Trustees
that chose to have their emails made public. Email sent from the Board’s
constituents can remain private with the use of established key words such as
private. All emails from the Town Attorney would be attorney/client privileged
and would not be available through the website. The Town staff reserves the
right to remove an email for a number of reasons. Emails would still be available
for review through the open records policy even if they are marked private.
Board comments followed: Trustee Holcomb stated opposition to the policy due
to the citizen’s rights to confidentiality when communicating with the Board. He
would however agree to posting his emails if the Board approves the policy based
on policy governance. Trustee Norris commented Trustee Holcomb’s concerns
were valid; however, he stated he would participate and would recommend
review of the policy later in the year. Mayor Pro Tem Koenig stated she would
opt out of the policy due to the concerns citizen have demonstrated by delivering
her letter instead of sending emails now.
Art Messal/Town citizen commented he was originally opposed to the policy;
however, he stated an appreciation for the transparency the policy would bring
to issues.
It was moved and seconded (Nelson/Martchink) to approve Policy 107 –
Trustee E-mail, and it passed with Trustee Holcomb voting “No”.
4. TRANSPORTATION ADVISORY BOARD APPOINTMENTS. Town Clerk
Williamson stated the Town advertised for the open position and received one
application from Belle Morris, the current Board member. It was recommended
to forgo the interview process and reappoint Belle Morris. It was moved and
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Board of Trustees – March 28, 2017 – Page 5
seconded (Norris/Koenig) to approve the reappointment of Belle Morris for
an additional three-year term expiring on March 31, 2020, and it passed
unanimously.
Whereupon Mayor Jirsa adjourned the meeting at 8:32 p.m.
Todd Jirsa, Mayor
Jackie Williamson, Town Clerk
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Town of Estes Park, Larimer County, Colorado March 21, 2017
Minutes of a Study Session meeting of the TOWN BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the
Board Room in said Town of Estes Park on the 21st day of March, 2017.
Board: Mayor Jirsa, Mayor Pro Tem Koenig, Trustees Holcomb,
Martchink, Nelson, Norris and Walker
Attending:All
Also Attending: Town Clerk Williamson
Absent:None
Mayor Jirsa called the meeting to order at 3:00 p.m.
POLICY GOVERNANCE.
Dallas Everhart/Consultant stated the goal of the meeting would be to outline the Policy
Governance items that are currently working, not working, missing, and what items are
confusing. The Board identified a number of items/practices that are working well within
the current structure of Policy Governance, including communication with staff and
outside entities, appropriate authorities have been identified for the staff and the Board,
and transparency. Items that are not working or are missing were discussed and the
main items identified included a need to establish a formal monitoring of the Board’s
Policy Governance policies; a review of the Strategic Plan process; Policy Governance
may be too restrictive and a different governing model may need to be implemented; a
need to review of the role of the Mayor, Trustee, and liaison and revise if appropriate;
the Board must agree upon the interpretation of the policies after each election;
ceremonial events should be defined; and discuss how to integrate the Board’s values
into the policies. After further discussion, the Board agreed the first priority would be to
establish a periodic review of all governing policies and develop a timeline to complete
the review.
There being no further business, Mayor Jirsa adjourned the meeting at 5:00 p.m.
Jackie Williamson, Town Clerk
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Town of Estes Park, Larimer County, Colorado, March 23, 2017
Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT /
COMMUNITY SERVICES COMMITTEE of the Town of Estes Park, Larimer
County, Colorado. Meeting held in Town Hall in said Town of Estes Park on the
23rd day of March, 2017.
Committee: Chair Walker, Trustees Holcomb and Norris
Attending: All
Also Attending: Town Administrator Lancaster, Directors Hinkle, Hunt, and
Fortini, Managers Mitchell and Recording Secretary Beers
Absent:
Chair Walker called the meeting to order at 8:00 a.m.
PUBLIC COMMENT.
None.
CULTURAL SERVICES.
RECOMMENDATIONS TO THE TOWN BOARD.
STATE GRANT FOR BIRCH RUINS CONSTRUCTION DOCUMENTS. Director Fortini
stated staff would make updates to the Birch Ruins through the acceptance of a State
grant from the State Historical Fund. He stated visitor safety continues to be a concern
for the site. The grant would allow staff to develop construction documents for project
improvements. Staff has been responsible for the area since 2001 and would use funds
to improve the experience, preservation, and understanding of the historic structures.
The grant requires a 25% match from the grant applicant which was in the Centennial
budget. The Committee recommended the acceptance of the State Historical Fund
grant for the Birch Ruins construction documents to the Town Board item be
included as a Consent Item at the April 11, 2017, Town Board meeting.
COMMUNITY SERVICES.
RECOMMENDATIONS TO THE TOWN BOARD.
ARENA FOOTING CONTRACT APPROVAL. Director Hinkle stated the Arena
Renovation Project would improve the footing at the Event Complex Main Arena. Staff
recommended awarding the contract to Kiser Arena Specialists, Inc., budgeted in the
amount of $125,000. The project would involve the removal of all existing footing,
leveling off the base, manage drainage, and bring in all new local footing at a depth of
roughly 10 inches. The project would take approximately two weeks to complete,
weather permitting. The Committee recommended the Estes Park Events Complex
Main Arena Footing Renovation Project Contractor selection be included as a
Consent Item at the April 11, 2017, Town Board meeting.
REPORTS.
Sales Report – Manager Lynch provided highlights on contracts for 2017. She stated
the projected rental forecast for 2017 includes 38 events at approximately $135,160
in projected revenue at all venues at the Events Complex.
COMMUNITY DEVELOPMENT
Verbal Updates and Committee Questions – None.DRAFT9
Community Development / Community Services – March 23, 2017 – Page 2
MISCELLANEOUS
Trustee Walker requested the Committee discuss what items should be reviewed
at the Committee and how to utilize staff time efficiently during Committee
meetings. Town Administrator Lancaster provided the Committee with a chart
and checklist for Board Committee agenda items. The purpose of Committee
meetings are to allow items to be vetted before going to Town Board. The
Committee agreed items that have already been approved should be taken
directly to the Town Board. Items requiring Board approval or staff requires
direction should be taken to the Committee. Trustee Holcomb would like to
continue the option to recognize staff at Committee meetings and noted the
importance. Administrator Lancaster added the meetings are not a primary
source for the public to obtain information on projects and are often used by staff.
The Committee also agreed redundancies occur at meetings and can be
eliminated.
There being no further business, Chair Walker adjourned the meeting at 8:42 a.m.
___________________________
Bunny Victoria Beers, Recording Secretary DRAFT10
Cultural Services Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From:Derek Fortini, Museum Director
Date:March 28, 2017
RE:Acceptance of State Grant for Birch Ruins Construction Documents
Objective:
Approve the acceptance of a grant from the State Historical Fund and authorize the
Mayor’s to sign the contract. This grant would pay for the necessary construction
documents to make improvements on the Birch Ruins. The documents will provide
design elements to extend the current viewing platform, install historic information
signage related to the site, and stabilize the rock walls with masonry work.
Present Situation:
Since the Museum assumed responsibility of the Birch Ruins and Birch Cabin in 2001,
periodic efforts have been made to enhance the site based off of resources available.
With the Centennial Legacy project being focused on improvements to the Knoll-Willows
property in 2017, the Museum is attempting to make much needed improvements to the
experience, preservation, and understanding of the historic structures located there. In
October of 2016, the Museum applied for a grant through the State Historical Fund to
produce construction documents that would improve the Birch Ruins and Birch Cabin.
The grant has been awarded to the Museum, but the State Historical Fund has to go
under contract with the Town in order to distribute the funds. If the funds are accepted,
and upon completion of the construction documents, the next step of implementation
can be pursued. The Community Development and Community Services Committee
has recommended the item go on the Town Board consent agenda and be approved.
The construction documents will allow staff to produce a scope of work and proceed
with a public bid. Once completed, the Museum will apply for another grant through the
State Historical Fund in October 2017 to complete the improvements.
Proposal:
The State Historical Fund requires a 25% match from grant applicants. The match for
this project was budgeted as part of the Centennial budget item. The Centennial
Committee is already well on its way to having enough funds for a match for both
grants. The project will be managed by Museum Director Fortini along with the
assistance of Facility Manger Landkamer. Accepting this grant will lead towards
improvements for the site in the near future. As an unstaffed historic site, it is important
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to provide a safe experience for visitors, inform them of the significance of the site, as
well as protect and preserve the structures.
Advantages:
Results from accepting this grant include:
•Financing of the construction documents to lead to improvements of the
interpretation, experience (including safety), and preservation of the historic
structures
•The ability to produce the documents that will be used for the implementation
plan
Disadvantages:
Disadvantages of implementing the acceptance of the grant include:
•Staff time to administer the grant
Budget:
The entire project is expected to cost $3,995. The grant request is for $2,995 with a
match of $1,000 (25.03%). The grant match is budgeted within the Centennial Project
revenue line 101-1300-343.40-00 and would be expensed through 101-1300-413.29-33.
Level of Public Interest
It is perceived that the acceptance of this grant would have a low public interest level. If
the grant is accepted there will be a press release issued . Once the construction
documents are produced, the next step of implementation will take place. It is
perceived that the next step would have a higher public interest level since a positive
change will be taking place at the historic site.
Sample Motion:
I move to (approve/deny) the acceptance of the State Historical Fund grant for the
Birch Ruins constructions documents by the Town Board and authorize the Mayor to
sign the provided contract.
Attachments:
State Historical Fund Contract
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Estes Park Town Board of Trustees, April 11, 2017
Mountain Meadow Annexation Agreement Amendment
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Audem Gonzales, Planner II
Date: April 11, 2017
RE: Annexation Agreement Amendment – Mountain Meadow Subdivision
(Agreement between TOEP and The Sanctuary, LLC)
______________________________________________________________________
Objective:
Conduct a public hearing to consider an Annexation Agreement Amendment for the
Mountain Meadow Subdivision located within the Town of Estes Park.
Present Situation:
The Annexation Petition for Mountain Meadow Subdivision appeared before the Town
Board on August 9, 2016. At this time the Board unanimously approved the Annexation
application and Annexation Agreement. The Annexation Agreement between the Town
and The Sanctuary, LLC (Mark Theiss) required the land owner to have the
improvements listed in Phase 1 installed and accepted by the Town and/or guaranteed
prior to the application for any building permit on any of the Phase 1 lots. The same was
agreed to for Phase 2 improvements and lots. This course of action was not customary
with subdivision and annexation proposals. Typically, the improvements are guaranteed
prior to the approval of the plat or annexation, or installed, inspected and approved prior
to plat recordation and annexation. Annexation agreements allow the Town to modify
the EVDC and offer flexibility to developers in specific circumstances.
Proposal:
The annexation agreement amendment proposes to allow Lot 10 to be built on prior to
any of the Phase 1 improvements being installed and accepted by the Town and/or
guaranteed. The reason for this is to construct a model home on the lot. The amended
agreement further states that no other lot may be sold, agreed to be sold, or negotiated
to be sold in the subdivision until all of Phase 1 improvements required have been
completed and accepted by the Town.
Advantages:
1. Allows a model home to be built on Lot 10 to attract potential buyers to the
subdivision
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Estes Park Town Board of Trustees, April 11, 2017
Mountain Meadow Annexation Agreement Amendment
Disadvantages:
None.
Action Recommended:
Planning Staff is recommending Approval of the Mountain Meadow Subdivision
Annexation Agreement Amendment.
Budget:
None.
Level of Public Interest:
Low
Sample Motion:
1. I move to APPROVE the Mountain Meadow Subdivision Annexation Agreement
Amendment with no conditions.
Attachments:
1. Mountain Meadow Subdivision Annexation Agreement Amendment
2. Subdivision Final Plat
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AMENDMENT TO ANNEXATION AGREEMENT
This Amendment to Annexation Agreement is made this ______ day of _________, 2017, by and
between The Sanctuary, LLC, a Colorado Limited Liability Company, hereinafter referred to as (the
“Owner”); and the Town of Estes Park, a Municipal Corporation the State of Colorado, hereinafter referred
to as (the “Town”).
WITNESSETH:
WHEREAS, the parties entered into an Annexation Agreement dated the _9th_ day of
___August__, 2016, (the “Agreement”).
WHEREAS, the Owner has requested that the Agreement be amended to allow the Owner to build
one single family residential home on Lot 10 of the Mountain Meadow Subdivision prior to completion of
all of the Phase I public improvements required in Section 1.a of the Agreement; and
WHEREAS, the Town will allow the Owner to apply for a building permit and construct a
residential single family home prior to completion of all Phase I public improvements pursuant to this
Amendment to Annexation Agreement; and
WHEREAS, it is to the mutual benefit of the parties to enter into this Amendment to Annexation
Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND THE COVENANTS,
HEREINAFTER SET FORTH, IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS:
1.Owner has requested that it be allowed to sell Lot 10 of Mountain Meadow Subdivision
to allow the construction of a single family residential structure. Owner has constructed some of the
Phase I public improvements required under Section 1.a of the Agreement, but the Town has not accepted
the water main providing service to Phase I nor has Owner completed the surfacing of Ypsilon Circle as
required in Phase I. The Town will allow Owner to sell Lot 10 and allow the construction of a single‐ family
residence on Lot 10, subject to the following terms and conditions:
a.The purchaser of Lot 10 may construct a single‐family residence on Lot 10 in
accordance with applicable codes and regulations of the Town.
b.Owner shall not sell, agree to sell, or negotiate to sell any other lot in the Subdivision
until such time as all Phase 1 public improvements required under Section 1.a of the
Agreement have been completed and accepted by the Town.
2.All of the other terms and conditions of the Agreement not specifically modified herein
shall remain in full force and effect.
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TOWN OF ESTES PARK
_______________________________________
By: Mayor Todd Jirsa
ATTEST
_____________________________________
By: Town Clerk
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The above and foregoing was acknowledged before me this _____ day of ______________, 2017,
by Todd Jirsa, as Mayor of the Town of Estes Park.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires: ________________
_______________________________________
Notary Public
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THE SANCTUARY, LLC
_______________________________________
By: Mark Theiss
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The above and foregoing was acknowledged before me this _____ day of ______________, 2017,
by Mark Theiss, as ________________________ of The Sanctuary, LLC.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires: ________________
_______________________________________
Notary Public
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ENGINEERING Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Kelly Stallworth, EI, Public Works Pavement Manager
Greg Muhonen, PE, Public Works Director
Date: April 11, 2017
RE: 2017 Chip and Crack Seal Program
Objective:
Public Works would seeks approval from the Town Board to award the 2017 Chip and
Crack Seal Program contract to A-1 Chipseal for the application of chip seal resurfacing
and crack seal to multiple roads in the Town of Estes Park to advance the goals of the
2024 Street Improvement Program.
Present Situation:
On February 23, 2016 Public Works presented a plan improve the condition of Town
streets to an overall system-wide PCI of 70 by the year 2024. To effectively implement
this plan we need to hire a contractor to begin the 2017 portion of this chip seal and
crack seal program.
Proposal:
On March 7, 2017, Public Works advertised a Request for Bid that would chip seal and
crack seal multiple streets in Estes.
Four companies attended the mandatory pre-bid on March 14th. Two of the companies
present at the mandatory pre-bid meeting submitted a bid for construction. After two
and one half weeks of advertising, the bids were opened on March 23rd. The following
table contains the bids for each company:
COMPANY CITY TOTAL FEE
A-1 Chip Seal Co. Denver, CO $424,535.00
Foothills Paving & Maintenance, Inc. Wheat Ridge, CO $467,920.00
The low bidder was A-1 Chipseal. This contractor has a good reputation and extensive
experience in chip sealing roads including in Estes Park.
Schedule:
The contractor has flexibility on starting the construction work. All work must be
complete by August 31, 2017.
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Advantages:
Rehabilitation of multiple roads in Estes Park
Utilization of 1A sales tax funds to improve Estes Park streets
Moves the 2024 STIP Program forward
Disadvantages:
Temporary disruption of traffic in the proposed work areas
Action Recommended:
To advance 2024 STIP Plan, Staff recommends awarding the attached construction
contract to A-1 Chipseal in the amount of $424,535.00. As the low bid came in below
the budget of $500,000, Public Works would like to request authority to spend up to the
budgeted amount of $500,000.00 for additional work.
Budget:
This project will be funded from the Street Improvement Fund. Currently there is
$500,000 allocated to this project from the Street Improvement Fund.
Level of Public Interest
Public interest on this project is expected to be moderate.
Sample Motion:
I move for approval/denial to authorize the Mayor to sign a construction contract with
A-1 Chipseal for the 2017 Chip and Crack Seal in the amount of $424,535.00. Public
Works staff is authorized to spend up to $500,000.00 for additional chip seal and crack
seal work on additional Town streets.
Attachments:
Standard Contract Document available upon request
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PUBLIC WORKS Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From:Brian Berg, Parks Supervisor
Date:April 11, 2017
RE:Art in Public Places Application Approval (utility box test vinyl wrap)
Objective:
To gain approval from the Town Board for the selected test vinyl wrap to be applied to
the utility box located outside the Estes Park Police Department.
Present Situation:
The Town doesn’t currently participate in a utility box beautification initiative. As a result
all utility boxes are their standard hue.
Proposal:
This initial vinyl wrap is a test that will provide a beautiful image while observing the
durability and behavior of the wrap in Estes Park climate. If these vinyl wraps hold up it
can be used as another medium for future utility boxes.
Advantages:
Determine durability of the vinyl wraps to make informed decisions for DUB
methods moving forward.
Further the beautification of Estes Park near Town Hall.
Disadvantages:
None known
Action Recommended:
Staff and PAB recommend to the Town Board, the acceptance of the test vinyl wrap
(mock-up attached).
Budget:
This test wrap is free.
Level of Public Interest
Medium to High
Sample Motion:
I move for the approval of the test vinyl wrap image and the location of placement being
on the utility box located outside the Estes Park Police Department.
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PublicArtCollective.com55
PublicArtCollective.com56
ENGINEERING Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Kevin Ash, PE, Public Works Engineering Manager
Greg Muhonen, PE, Public Works Director
Date: April 11, 2017
RE: 2017 Great Outdoors Colorado Connect Initiative Grant Program
Fall River Trail Construction
Objective:
Public Works seeks approval from the Town Board to support a GOCO grant application
to fund the first phase of construction to extend the Fall River Trail.
Present Situation:
Public Works has completed a design to extend Fall River Trail along US34 from its
current end point at the Blackhawk Lodges, along Fish Hatchery Road to the Aspenglen
campground in RMNP. In its 2017 budget, the Town committed $200,000 of Open
Space Funds to pursue grant funding for construction of the trail. On February 1, 2017,
GOCO announced a second round of “The Connect Initiative” which focuses on
connecting existing trail gaps to existing parks.
Proposal:
On March 9th, 2017, Public Works contracted with Sarah Pita to complete the grant
application on behalf of the Town.
The GOCO application has a “concept paper” due April 17th, which includes letters of
support from affected entities. We are also seeking support letters from the National
Park Service, EVRPD, Larimer County and select local property owners along the route.
If selected to move forward, a full application is due June 19th. Award will be made on
November 30th. Grantees are allowed up to three years to complete trail construction.
Advantages:
•Meets a 2017 Board Objective in Infrastructure to “Pursue funding opportunities
for construction of the Fall River Trail”
•Partnerships are developed with the Town and other entities supporting the
project.
Disadvantages:
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•$2,000,000 is the maximum award for this grant and the Fall River Trail project is
only eligible one time. Only 1/3 of the estimated $6,000,000 project cost will be
funded by this grant program. There is a requirement to spend this money and
complete a phase of the project within 3 years of award. Construction costs may
increase over time and public disruption due to multiple constructions will be
increased.
•Additional Staff time is needed to continue pursuit for Fall River Trail construction
funding.
Action Recommended:
Staff recommends Town Board support of the grant application.
Budget:
The GOCO grant has a $2,000,000 maximum request and a 25% project match will be
required. To receive the maximum $2,000,000 from the grant program, a $666,667
local match will be needed. A grant match was planned for in the 2017 budget with
$200,000 being allocated from the Open Space Fund. The EVRPD also allocated
$200,000 in their 2017 budget toward construction of this project. Moving forward, this
leaves $266,667 to meet the local match requirement for the maximum grant funding
amount. Both the Town and EVRPD will be asked provide additional funds in their 2018
budgets to achieve the full local match.
Level of Public Interest
Public interest on this project is expected to be moderate.
Sample Motion:
I move for approval/denial to authorize the Mayor to sign the support letter for the
GOCO grant application.
Attachments:
GOCO Connect Initiative Concept Paper Request
GOCO Grant Support Letter
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Public Works
Engineering Streets
Facilities Fleet
Parks Administration
April 11, 2017
Great Outdoors Colorado
1900 Grant Street, Suite 725
Denver, CO 80203
To Whom It May Concern:
The Town of Estes Park Town Board is in support of the Town of Estes Park’s application for the
2017 Connect Initiative to build a trail along Fall River Road. This trail will link downtown Estes
Park with residences and businesses along Fall River Road, and, when complete, will provide
safe, non-motorized access to the trails and campgrounds of Rocky Mountain National Park
(RMNP).
In 2016, with funding from GOCO, the Estes Valley Recreation and Park District worked with our
community and the National Park Service to create a Master Trails Plan for the Estes Valley. The
proposed Fall River Trail was identified as a top priority, stating that it will be an important
connector of disjointed trail networks, broadly supported by the community, and presenting an
immediate improvement in safety.
Once complete, this trail will provide an extremely valuable benefit to Estes Park, eventually going
all the way to the RMNP boundary at Aspen Glen Campground. From there, it will connect more
than 350 miles of trails in RMNP. It will also provide local residents and visitors another place to
walk, run, or ride bicycles further supporting health and fitness in the community. As a result of
this trail, traffic congestion will also be lessened in the downtown area.
The Estes Park Town Board hopes that, with GOCO’s support, the Town will be able to add this
critical segment of trail, improving access to outdoor recreation for people all over the Estes
Valley. Estes Park will be an even better and healthier place to live, work and play. The
consideration of GOCO would be very much appreciated.
Regards,
Todd Jirsa, Mayor
Town of Estes Park
970-577-3587
publicworks@estes.org
www.estes.org/ blicworks
ESTES PARK, CO 80517 www.estes.org 170 MACGREGOR AVE. P.O. BOX 1200
5959
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TOWN CLERK Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: April 7, 2017
RE: Liquor Licensing: New Tavern Liquor License Application for Cliff Inc. dba
Hollywoods, 110 ½ W. Elkhorn Avenue, Estes Park, Colorado
Objective:
Approval of a new Tavern liquor license located at 110 ½ W. Elkhorn Avenue, Estes
Park, Colorado. Application filed by Cliff Inc. dba Hollywoods.
Present Situation:
An application for a new Tavern liquor license was received by the Town Clerk’s office
on March 9, 2017. All necessary paperwork and fees were submitted; please see the
attached Procedure for Hearing on Application – New Liquor License for additional
information. The applicant is aware of the Town Board’s Training for Intervention
Procedures (TIPS) requirement and has completed the training.
The liquor license application has been sent to the Colorado Department of Revenue
Liquor Enforcement Division (LED) for a concurrent review as requested by the
applicant. This allows the LED to review the application simultaneously with the Town
and expedites the issuance of the new liquor license.
Proposal:
Town Board review and consideration of the application for a new Tavern liquor license.
Advantages:
Approval of the license provides the business owner with the opportunity to operate a
liquor-licensed establishment in the Town of Estes Park.
Disadvantages:
The owner is denied a business opportunity to serve alcohol to patrons of the
restaurant.
Action Recommended:
Approval of the application for a new Tavern liquor license.
Budget:
The fee paid to the Town of Estes Park for a new Tavern Liquor license is $1319. The
fee covers the administrative costs related to processing the application, background
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checks, and business licensing. In addition, the annual renewal fee payable to the
Town of Estes Park for a Tavern Liquor license is $869.
Level of Public Interest
Low
Sample Motion:
The Board of Trustees finds that the reasonable requirements of the neighborhood
are/are not met by the present liquor outlets in the neighborhood and that the desires of
the adult inhabitants are/are not for the granting of this liquor license. Based upon
these findings, I move that the application for a new Tavern Liquor license filed by Cliff
Inc. dba Hollywoods be approved/denied.
Attachments:
Procedure for Hearing
Application
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1
July 2002
PROCEDURE FOR HEARING ON APPLICATION
NEW LIQUOR LICENSE
1.MAYOR.
The next order of business will be the public hearing on the application of Cliff Inc.
dba Hollywoods for a new Tavern Liquor License located at 110 ½ Elkhorn Avenue,
Estes Park, Colorado.
At this hearing, the Board of Trustees shall consider the facts and evidence
determined as a result of its investigation, as well as any other facts, the reasonable
requirements of the neighborhood for the type of license for which application has
been made, the desires of the adult inhabitants, the number, type and availability of
liquor outlets located in or near the neighborhood under consideration, and any other
pertinent matters affecting the qualifications of the applicant for the conduct of the type
of business proposed.
OPEN PUBLIC HEARING
2.TOWN CLERK. Will present the application and confirm the following:
The application was filed February 1, 2017.
At a meeting of the Board of Trustees on March 14, 2017, the public hearing was
set for 7:00 p.m. on Tuesday, April 11, 2017.
The neighborhood boundaries for the purpose of this application and hearing
were established to be 2.90 miles.
The Town has received all necessary fees and hearing costs.
The applicant is filing as a Corporation.
The property is zoned CD – Commercial Downtown which allows this
type of business as a permitted use.
The notice of hearing was published on March 28, 2017 .
The premises was posted on March 24, 2017 .
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2
There is a police report with regard to the investigation of the applicant.
Status of T.I.P.S. Training:
Unscheduled Scheduled X Completed
There is a map indicating all liquor outlets presently in the Town of Estes Park
available upon request.
3.APPLICANT.
The applicants will be allowed to state their case and present any evidence they
wish to support the application.
4. OPPONENTS.
The opponents will be given an opportunity to state their case and present any
evidence in opposition to the application.
The applicant will be allowed a rebuttal limited to the evidence presented by the
opponents. No new evidence may be submitted.
5. MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the application and, if so, to read all communication.
Indicate that all evidence presented will be accepted as part of the record.
Ask the Board of Trustees if there are any questions of any person speaking at
any time during the course of this hearing.
Declare the public hearing closed.
6. SUGGESTED MOTION:
Finding. The Board of Trustees finds that the reasonable requirements of the
neighborhood are/are not met by the present liquor outlets in the neighborhood and
that the desires of the adult inhabitants are/are not for the granting of this liquor
license.
Motion. Based upon the above findings, I move that this license be granted/denied.
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To:Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Gregory A. White, Town Attorney
Date: April 6, 2017
RE: Ordinance No. 11-17 Approving Purchase and Sale Contract for Town Property
Objective:
Review and consider approving Ordinance No. 11-17 which approves the Purchase and
Sale Contract to sell two (2) Town parcels to Jeff Cheley (Cheley).
Present Situation:
The Town acquired two parcels of property in the purchase of the assets of the Crystal
Water Company. The two (2) parcels are known as the Sanborn Lake parcel and
Sanborn Spring parcel. Shortly after the acquisition of the parcels, the Town leased a
portion of the Sanborn Lake parcel (Sanborn Lake) to Cheley Colorado Camps (Cheley
Camp). Town Staff has negotiated a Purchase and Sale Contract for the purchase of
the two parcels by Cheley. The terms and conditions of the Purchase and Sale
Contract are as follows:
1. The Purchase Price for both parcels is $215,000.
2. Water Rights. All water rights associated with the parcels are part of the
purchase. The Town has never used the water rights associated with the
Sanborn Lake parcel in its municipal water system. There is no future plan to
use the water rights as they are not capable of being incorporated into the
Town’s municipal water system.
3. The property will be sold As-Is.
4.Closing shall take place within fifteen (15) calendar days after the expiration of
the due diligence period which is thirty (30) days after receipt of the Title
Documents.
5. The Purchaser has the thirty (30) day diligence period to determine whether or
not to purchase the property after receipt of all title work and documentation
concerning the parcels.
Town Staff is recommending approval of the Purchase and Sale Contract for the
following reasons:
1.The two parcels have not been used by the Town since the acquisition thereof
due to the fact that neither the parcels or water rights can be incorporated into
the Town’s municipal water system.
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2. Access to the Sanborn Lake parcel is limited to access for repair, maintenance,
and operation of the Sanborn Lake Dam. This access is through the Cheley
Camp property. There is no deeded access to the Sanborn Spring parcel.
3.The two parcels have been appraised at fair market value as follows:
Sanborn Lake Parcel $169,000
Sanborn Spring Parcel $145,000
4. In a letter dated June 27, 2012, the Department of Natural Resources Division of
Water Resources, the Town was informed by the State of Colorado that the
Sanborn Lake Dam was a jurisdictional dam and the State will require
rehabilitation of the dam. To date, the Town has not begun rehabilitation of the
dam. The purchase price was reduced by $99,000 from the appraised fair
market value of the parcels as Cheley will be subject to all rehabilitation costs for
the dam following the transfer of the parcel. The cost of the rehabilitation of the
Sanborn Lake Dam is estimated to be a minimum of $99,000. A copy of the
letter dated June 27, 2012 is attached to this Memorandum.
Advantages:
The purchase price of the two parcels is the fair market value less the minimum
amount of the estimated liability for rehabilitation of the Sanborn Lake Dam.
Lack of deeded access to both of the parcels makes the sale of either or both of the
parcels to a third party difficult.
The Town, through its Water Department, has no plans for use of the parcels nor the
water rights associated therewith.
Disadvantages:
None.
Action Recommended:
The consideration of Ordinance No. 11-17 is a policy decision by the Town Board and is
recommended by Staff.
Budget:
Sale of the property will result in revenue to the Town of the purchase price.
Level of Public Interest
Low.
Sample Motion:
I move to adopt/not adopt Ordinance No. 11-17 approving the Purchase and Sale
Contract for the purchase of Town property.
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DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WATER RESOURCES
John W. Hickenlooper
Governor
Mike King
Executive Director
Dick Wolfe, P.E.
Director/State Engineer
June 27, 2012 David L. Nettles, P.E.
Division Engineer
Water Division 1 Greeley
810 9th Street, Suite 200 Greeley, CO 80631 Phone: 970-352-8712 Fax: 970-392-1816
http://water.state.co.us
Town of Estes Park
Scott Zurn, P.E., Director of Public Works
P.O. Box 1200
Estes Park, CO 80517
When replying, please refer to:
SANBORN LAKE, DAMID 049922
Water Division 1, Water District 4
Subject: Field inspection and Jurisdictional Status of Sanborn Lake Dam
Dear Mr. Zurn:
This letter is in regard to our meeting held May 17th at Sanborn Lake to discuss the jurisdictional status
and present condition of the subject dam. The purpose of this letter is to document our discussion and
make clear the State Engineer’s determination of the jurisdictional status and expectations for
rehabilitation of the dam. Also, present at the meeting were Don and Jeff Cheley (Cheley Colorado
Camps), Mark Severin (Deere and Ault), and Jason Smith (DWR).
Sanborn Lake is located south of the Town of Estes Park in Section 12, Township 4N, Range 73W, in
Larimer County, Colorado. The reservoir is located on a 5 acre parcel owned by the Town of Estes
Park that is surrounded by Cheley Colorado Camp property (see Figure 1). The reservoir is used by
the Cheley Camp for recreational purposes. This structure does not have a Dam I.D. and there is no
other information in the State Engineer’s files with the exception of the storage decree for the reservoir
(W -1772).
During this site visit the jurisdictional height of the dam was surveyed and determined to be 11 feet from
the spillway crest to natural ground at the midpoint of the dam. Using GIS and aerial photography the
surface area of the reservoir was measured at 1.5 acres with a calculated storage volume of
approximately 7.5 acre-ft. The Rules and Regulations for Dam Safety and Construction (Rules) defines a
jurisdictional dam as having a height greater than 10 feet, or surface areas greater than 20 acres, or
storage volume greater than 100 acre-feet. This structure is jurisdictional in size due to the height.
The hazard classification of a dam is based on the downstream damages expected to occur if the dam
were to fail when the reservoir is full to the emergency spillway and absent of flooding conditions. If
failure of the Sanborn Lake Dam were to occur the flood wave would travel approximately ½ mile through
Cheley Camp property and into Fish Creek. Flow would continue down Fish Creek through developed
areas along the east side of Estes Park and eventually into Lake Estes. Based on the use of empirical
dam breach equations, the peak outflow that could result from failure of the dam is expected to be
approximately 300 cfs. Depending on conditions in the downstream basin at the time of a hypothetical
failure, a majority of this flow would end up in Fish Creek. These approximate flows are not expected to
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Mr. Scott Zurn Page 2
June 27, 2012
cause any potential for loss of life or significant property damage, but would likely cause damage to
multiple culverts/road crossings and other private property along the creek. Given the potential for minor
damage to private property a hazard classification of Low Hazard has been assigned to this structure.
An inspection of the dam was done to determine the present condition and identify areas where
improvements need to be made. The following items of concern were discussed during the inspection.
The items discussed along with our recommended or required actions are noted below. Photos are
included as an attachment to this letter.
Upstream slope: The upstream slope does not have riprap protection and an erosion scarp (approx. 1-ft
in depth) has developed along the length of the embankment. A riprap/cobble layer is strongly
recommended along the high water line to protect the upstream slope/crest from erosion. The rip rap
should extend from the dam crest down into the reservoir to protect the slope through the anticipated
range of reservoir levels.
Downstream slope: The downstream slope is over grown with trees and brush. All trees and brush
should be removed from the embankment and 20-ft beyond the toe of the dam. Trees larger than 10” in
diameter should have the roots removed and the disturbed area replaced with compacted fill material.
We have enclosed a brochure developed by FEMA that describes the importance of this action.
Crest: The crest is irregular in width and elevation along the length. A low area is noted midway along
the dam where it appears water has overtopped the dam in the past. Low areas along the crest should
be filled and the crest width should be restored to minimum width of 8 feet.
Emergency Spillway: The emergency spillway is significantly undersized and does not have the
capacity needed to pass the design storm and prevent overtopping of the dam. The current spillway
configuration has an average width of 6 feet with 1 foot of freeboard to the low point along the crest of the
dam. The emergency spillway for a low hazard dam is required to pass the inflow from the 50-year storm
without overtopping the dam. A freeboard of 3 feet is standard practice, however given the small size of
the reservoir and minimal wave action, a minimum of 2 feet of freeboard will be allowed. Also discussed
during the inspection, the emergency spillway channel runs along the east side of the embankment for a
short distance and is eroding into the downstream toe of the dam. The channel should be re-routed away
from the embankment and protected with riprap or re-located as discussed on site.
Outlet: Little is known about the reservoir outlet. A 4-inch steel pipe with an inoperable valve that has
not been used in many years penetrates the dam on the north side. With the valve on the downstream
end, it appears this conduit is pressurized through the embankment. It is undesirable to leave an
abandoned conduit within the dam as it could lead to development of a seepage path and possible failure
of the dam as the pipe deteriorates. Removal of this conduit is not required; however, the owner should
perform regular monitoring of this area of the embankment to check for wet areas that could indicate the
conduit is leaking.
Maintenance: This dam has received little or no maintenance for many years and is in poor condition.
After the trees and brush have been removed from the entire embankment, an annual maintenance plan
should be implemented to prevent new growth of woody vegetation from the embankment and spillway
channel.
Overall: As noted in items above, the dam is lacking general maintenance and is in overall poor
condition. If no action is taken, the condition will continue to deteriorate to a point where costly repairs or
restricted storage will be necessary. One positive to note is that at a full reservoir minimal seepage was
noted along the downstream toe of the embankment. With the implementation of the improvements and
regular maintenance thereafter, the dam should be in good condition of future use.
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Mr. Scott Zurn Page 3
June 27, 2012
Given this jurisdictional determination, Sanborn Lake dam will be entered into the Dam Safety data base
and inspected on a six year basis as required by the Rules. This Office expects that the rehabilitation
work will occur in phases over the next few years with all of the items addressed by the next inspection in
2018. I am happy to meet with you through this process to help prioritize the maintenance work and
provide clarification on what needs to be done. Please note that modifications to the emergency spillway
size will need to be approved by the State Engineer.
Once the items have been resolved, the option of reducing the height of the dam to Non-Jurisdictional
could be discussed. This determination does not address the water rights decreed for this reservoir.
Please contact Water Commissioner Jason Smith with questions pertaining to water administration at
970-290-7397.
We do appreciate the Town contacting the State Engineer’s Office and requesting a determination for this
structure. I look forward to working with you to bring this dam into compliance.
Sincerely,
John Batka, P.E.
Dam Safety Engineer
ec:
Jason Smith, Water Commissioner
Bill McCormick, Dam Safety Branch Chief
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FIGURE 1:SANBORN LAKETwn 4N, Rng 73W, Sec. 12APPROXIMATE CHELEY CAMPPROPERTY BOUNDARYRESERVOIRLOCATIONDAM BREAKFLOW PATHTO FISH CREEKHWY 7p01,000500 Feet80
Photo taken looking along the crest/upstream slope taken from the west end.
Photo of the emergency spillway cut. Range pole denotes location.
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Photo looking at the dam from below. Note the overgrowth of trees and woody vegetation.
Photo taken along the dam crest. Note narrow crest width, irregular cross slope.
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Photo of the outlet pipe/valves below the dam. The arrow shows the 4” steel pipe as it goes into the
dam.
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ORDINANCE NO. 11-17
AN ORDINANCE APPROVING THE PURCHASE AND SALE CONTRACT
FOR THE SALE OF TOWN PROPERTY
WHEREAS, Section 31-15-713 (1)(b) C.R.S. provides that the Town, by
ordinance, may dispose of any real property not held or used for park purposes or any
governmental purpose upon terms and conditions the Board of Trustees may
determine; and
WHEREAS, the Town acquired two parcels of real property from the Crystal
Water Company as part of the purchase of the assets of the Crystal Water Company;
and
WHEREAS, the legal descriptions for the two parcels of property are set forth on
Exhibit A attached hereto and incorporated herein by reference; and
WHEREAS, Parcel #1 is known as the Sanborn Spring parcel and Parcel #2 is
known as the Sanborn Dam parcel; and
WHEREAS, since the acquisition of the property, the two parcels of property
have not been used by the Town for park or any governmental purpose; and
WHEREAS, the Board of Trustees has reviewed the terms and conditions of the
Purchase and Sale Contract presented to the Board for the sale of the two parcels to
Jeff Cheley along with this Ordinance and determined that the terms and conditions of
the Purchase and Sale Contract are beneficial to the Town of Estes Park.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
1. The Purchase and Sale Contract accompanying this Ordinance is approved and
the Mayor or, in the absence thereof, the Mayor Pro Tem is authorized and
directed to execute the Purchase and Sale Contract for and on behalf of the
Town.
2. Appropriate officials of the Town of Estes Park are hereby authorized to close
the sale of the parcels of the property pursuant to the terms and conditions of the
Purchase and Sale Contract without further action and/or approval by the Town
Board.
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3. 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 _______________, 2017.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
I hereby certify that the above ordinance was introduced and read at a meeting of
the Board of Trustees on the ________day of _____________, 2017 and published in a
newspaper of general publication in the Town of Estes Park, Colorado, on the
day of __________________, 2017.
Town Clerk
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EXHIBIT A
(Legal Description of Real Property)
Parcel 1:
A parcel located in Section 12, Township 4 North, Range 73 West of the 6th P.M., more
particularly described as follows:
BEGINNING at the center of Section 12, Township 4, North, Range 73 West of the 6th
P.M.,
thence N1° 50’ E 350 feet along the East line of the NW1/4 of said Section;
thence nearly West on a line parallel to the South boundary line of said Section, 350
feet;
thence in a Southerly course on a line parallel to the East boundary line of said quarter
section, 350 feet, to a point on the South boundary line of said quarter section;
thence in an Easterly course along the South line of said quarter section to POINT OF
BEGINNING.
Parcel 2:
That part of the N1/2 of S1/2 of Section 12, Township 4 North, Range 73 West of the 6th
P.M., described by metes and bounds as follows:
BEGINNING at a point whence the West Quarter corner of said Section 12 bears N59°
33’ W a distance of 2,477 feet;
thence N89° 30’ E 830 feet to a point;
thence North 200 feet to a point;
thence S83° 39’ W 834.3 feet to a point;
thence South 115 feet, more or less, to the POINT OF BEGINNING.
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4280539.1
PURCHASE AND SALE CONTRACT
1. PARTIES.
This Purchase and Sale Contract (“Contract”) is made between TOWN OF ESTES
PARK, COLORADO, a municipal corporation (“Seller”) and JEFF CHELEY, an individual
(“Purchaser”) as of the Effective Date (defined in Section 15 below). Seller and Purchaser are
sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
2. PROPERTY.
On the terms and conditions stated in this Contract, Seller hereby agrees to sell to
Purchaser and Purchaser hereby agrees to purchase from Seller all of the following described
property (collectively, “Property”):
2.1 Real Property. Fee simple title in and to those lands situated in Larimer County,
Colorado, as set forth and described in Exhibit A, attached hereto and incorporated herein, said
lands collectively containing approximately 5.812 acres +/-, together with all of Seller’s right,
title and interest appurtenant to such land, including, without limitation, all of Seller’s right, title
and interest, if any, in and to (a) all appurtenances, hereditaments, fixtures, improvements,
easements, rights-of-way, reversions, remainders, development rights, mineral rights and air rights
appurtenant to the land, (b) any rights of Seller to any adjoining strips or gores of property and any
land lying within the bed of any adjoining street, and (c) any other rights or privileges appurtenant
to such land or used in connection therewith (collectively, “Real Property”). The legal
descriptions for the Real Property shall be confirmed by the Title Commitment (as defined
below) and agreed upon by the Parties prior to Closing. Title to the Real Property shall be
conveyed per the legal descriptions as so confirmed and revised (if necessary).
2.2 Personal Property. All of Seller’s right, title and interest in the following
additional property (“Personal Property”):
2.2.1 Permits/Plans. To the extent assignable or transferable, all permits,
licenses, governmental approvals and plans, if any, and any tangible property, all or any of which
relate to the Real Property.
2.2.2 Other. All other personal property located upon the Real Property as of
the Effective Date, and all rights owned or held by Seller necessary to and used exclusively in
connection with the ownership, maintenance or operation of the Real Property, the items set forth
in Section 2.2.1 or the rights and interests described in Section 2.3 below.
2.3 Water, Water Rights, Water Interests. All of Seller’s right, title, and interest in
and to all water and water rights, ditches and ditch rights, storage rights, water pipelines (above
or below ground), water contracts or agreements, wells and well permits, underground water
(whether tributary or nontributary), and all other rights in and to the use of water of any kind or
nature, which are located on or under, were historically used in connection with, or are otherwise
appurtenant to the Real Property, INCLUDING, BUT NOT LIMITED TO, the specific water
rights described on Exhibit B attached hereto and incorporated by this reference as though fully
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set forth herein (collectively the “Water Rights”), together with all appurtenances and easements,
rights-of-way, embankments, flumes, headgates, pumps, outlet works, measuring devices, and
other structures associated with the Water Rights.
3. PURCHASE PRICE.
3.1 Payment. The purchase price (“Purchase Price”) for the Property will be
$215,000.00. The Purchase Price will be paid in immediately available funds at Closing.
4. ESCROW.
4.1 Earnest Money and Title Company. Within 2 business days after the Effective
Date, Purchaser will deposit with First American Title Insurance Company, 1125 17th Street,
Suite 750, Denver, CO 80202(“Title Company”), the amount of $2,000.00 (“Earnest Money”).
4.1.1 Further Application of Earnest Money. Title Company will
immediately deposit the Earnest Money in an interest bearing account at a bank acceptable to
Purchaser, the earnings from which will become part of the Earnest Money. In the event that this
transaction is consummated, the Earnest Money will be applied in partial satisfaction of the
Purchase Price at Closing. If, however, this transaction is not consummated, the Earnest Money
will be delivered to Seller or returned to Purchaser by Title Company as elsewhere provided in
this Contract.
5. TITLE; SURVEY; DUE DILIGENCE/ENTITLEMENTS.
5.1 Title Commitment and Documents/Survey. Purchaser shall cause Title
Company to deliver, within 10 business days after the Effective Date, the following:
(i) a current title commitment from Title Company for a 2006 ALTA
extended coverage owner’s policy of title insurance (“Title Commitment”), setting forth the
matters (“Title Exceptions”) that the Title Company determines affect title to the Real Property;
and
(ii) true, correct, and legible copies of all instruments that create or evidence
Title Exceptions, including those described in Schedule B-1 and Schedule B-2 of the Title
Commitment.
The Title Commitment will contain the express commitment of Title Company to
issue the Title Policy (as hereinafter defined) to Purchaser in the amount of the Purchase Price,
insuring the title to the Property as is specified in the Title Commitment, with the following
deleted: (a) the standard printed exceptions, except for (i) the tax exception which shall be
rewritten to except only taxes for the year of Closing, and (ii) in the event a survey is not
provided, standard survey exceptions; and (b) all monetary encumbrances (i.e., mechanics liens,
judgments, deeds of trust, mortgages) created by or through Seller and affecting the Property.
5.2 Review of Title Commitment. Purchaser will have a period of 30
calendar days after the Effective Date (“Due Diligence Period”), in which to review the Title
Commitment and Title Exceptions.
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If Purchaser in its sole and absolute discretion determines that title to the
Property is not acceptable to Purchaser for any reason, Purchaser may terminate this Contract by
written notice to Seller at any time on or before the expiration of the Due Diligence Period and
receive a return of the Earnest Money. In the event that Purchaser does not timely terminate this
Contract prior to the expiration of the Due Diligence Period, then Purchaser shall be deemed to
have accepted the Title Exceptions shown on the Title Commitment as of the expiration of the
Due Diligence Period (other than those which Seller is obligated to remove pursuant to Section
5.1 above) and any such matters shall become Permitted Exceptions.
If, after expiration of the Due Diligence Period, the Title Commitment and/or
Title Exceptions are revised to reflect any title exception or Purchaser requirement that was not
caused by Purchaser and materially affects the Property or Purchaser’s intended development
thereof (“Revision”), and if such additions or modifications are not acceptable to Purchaser and
are not removed by Closing, Purchaser has the option, exercisable within 10 calendar days after
receipt of notice of such Revisions, of either (i) waiving any unacceptable Revisions, in which
event the unacceptable Revisions will become Permitted Exceptions, or (ii) terminating this
Contract and receiving back the Earnest Money, in which latter event Seller and Purchaser will
have no further obligations, one to the other, with respect to the subject matter of this Contract,
except for return of the Earnest Money to Purchaser and other provisions that survive this
Contract by their terms. Notwithstanding the foregoing, in the event that any Revision results
from a voluntary action taken by Seller, then Seller shall be deemed in default hereunder and
Purchaser shall have the rights described in Section 9 below.
For purposes of this Contract the term “Permitted Exceptions” will mean all Title
Exceptions which Purchaser has waived or accepted pursuant to this Section 5.2.
5.3 Property Materials to be Delivered by Seller. Seller (at Seller’s sole cost and
expense) shall deliver or cause to be delivered to Purchaser within 10 business days of the
Effective Date, the following items, if any, in Seller’s immediate and current possession or
control related in any manner to the Property (collectively, “Property Materials”):
5.3.1 Reports. Copies of soil reports or other geologic studies, property
condition reports, surveys, environment studies (including any Phase I or II), engineering
studies, surveys, natural hazard disclosures, physical condition repots, site assessment reports
and civil engineering plans.
5.3.2 Licenses/Permits/Agreements. Copies of licenses, permits, approvals,
entitlements issued, approved or granted by all governmental authorities in connection with the
Property, if any, and all agreements with third-parties affecting the Property, if any.
5.3.3 Other Documents. Any and all other documents related in any way to the
Property that are in Seller’s possession pertaining to the ownership, operation or physical
condition of the Property.
5.4 Inspection. Until the expiration of the Due Diligence Period, Purchaser will have
the option and right to conduct such investigations (including, without limitation, determination
as to a satisfactory time frame for the initiation and completion of dam repairs and restoration as
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required by the Division of Water Resources, Dam Safety Division), inspections, audits,
analyses, surveys, tests, examinations, studies, appraisals of the Property and the Property
Materials as Purchaser deems necessary or desirable, to determine if the Property is suitable for
Purchaser’s purposes. Purchaser shall cause the Property to be restored to its condition prior to
any of Purchaser’s or its agents’ activities that alter the condition of the Property (reasonable
wear and tear excepted); provided, however, Purchaser shall not be required to restore the
Property due to the mere discovery by Purchaser of hazardous substances or illegal or dangerous
conditions on the Property.
Purchaser agrees to indemnify, defend and hold Seller harmless from and against
any liens, claims, or damages incurred by Seller to the extent arising out of Purchaser or
Purchaser’s agents or representatives exercising the rights set forth in this Section 5.4, except to
the extent caused by the negligence or willful misconduct of Seller.
If the results of the inspections conducted by Purchaser under this Section 5.4 are
found to be unsatisfactory for any reason, in Purchaser’s sole and absolute discretion, Purchaser
may terminate this Contract by written notice to Seller at any time on or before the expiration of
the Due Diligence Period and receive a return of the Earnest Money.
6. WARRANTIES, REPRESENTATIONS AND COVENANTS.
6.1 Express Warranties. Seller makes the following warranties and representations
to Purchaser as of the Effective Date, throughout the term of this Contract and as of Closing:
6.1.1 Organization and Authority. Seller has been duly organized and is
validly existing under the laws of the State of Colorado. Seller has the full right and authority to
enter into this Contract and to transfer the Property and to consummate or cause to be
consummated the transaction contemplated by this Contract. The person signing this Contract on
behalf of Seller is authorized to do so.
6.1.2 Pending Actions. Seller has not received written notice of any action,
suit, arbitration, unsatisfied order or judgment, government investigation or proceeding pending
against Seller which, if adversely determined, could individually or in the aggregate materially
interfere with the consummation of the transaction contemplated by this Contract.
6.1.3 Condemnation. Seller has received no written notice of any
condemnation proceedings relating to the Property.
6.1.4 Litigation. Seller has not received written notice of any litigation which
has been filed against Seller and that affects the Property.
6.1.5 Property Materials. Seller has delivered to Purchaser all Property
Materials in its immediate and current possession or control.
6.1.6 No Leases. Other than as shown on the Title Commitment or in the
Property Materials, there are no leases, licenses or other agreements (whether written or oral)
that grant third-parties any interest in the Property (collectively, “Leases”). Seller shall terminate
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all Leases (if any) as of Closing, such that Purchaser takes title to the Property free and clear of
all obligations under the Leases (if any).
6.1.7 No Service Contracts/Other Agreements. Other than as set forth in the
Property Materials, there are no contracts related to the maintenance and repair of the Property
(collectively, “Service Contracts”), nor are there any other agreements that place obligations on
the owner of the Property (other than as shown in the Title Commitment). Seller shall terminate
all Service Contracts (if any) as of Closing, such that Purchaser takes title to the Property free
and clear of all obligations under the Service Contracts (if any)
6.1.8 Bankruptcy. Seller has not (i) made a general assignment for the benefit
of creditors, (ii) filed any voluntary petition in bankruptcy or suffered the filing of any
involuntary petition by Seller’s creditors, (iii) suffered the appointment of a receiver to take
possession of all, or substantially all, of Seller’s assets, which remains pending as of such time,
(iv) suffered the attachment or other judicial seizure of all, or substantially all, of Seller’s assets,
which remains pending as of such time, (v) admitted in writing its inability to pay its debts as
they come due, or (vi) made an offer of settlement, extension or composition to its creditors
generally.
6.1.9 Environmental. Other than the letter dated June 27, 2012, from the
Colorado Department of Natural Resources Division of Water Resources, Seller has received no
warning, notice of violation, administrative complaint, judicial complaint, or other formal notice
alleging that conditions on the Real Property are in violation of any environmental law or any
other law, statute, ordinance, code or regulation, or informing Seller that the Real Property is
subject to investigation or inquiry regarding the presence of hazardous substances on or about the
Property or the potential violation of any environmental law or any other law, statute, ordinance,
code or regulation.
All of the representations and warranties of Purchaser set forth in this Section 6.1
will survive the Closing.
If prior to Closing, Seller becomes aware that, due to no intentional act of Seller,
any representation or warranty of Seller set forth herein that was true and correct on the Effective
Date has become incorrect or incomplete due to changes in conditions outside of the reasonable
control of Seller or the discovery by Seller of information of which Seller was unaware on the
Effective Date, the same will not constitute a breach by Seller of any of its representations or
warranties set forth herein or be deemed to be a default by Seller in its obligations under this
Contract, but Seller agrees to promptly notify Purchaser thereof and the representations and
warranties set forth herein that are to be remade and reaffirmed by Seller at Closing will be
supplemented or modified by such new information. Upon Purchaser’s receipt of such
notification, if Purchaser is not satisfied with the information disclosed in such disclosure,
Purchaser will have 5 business days thereafter in which to terminate this Contract (and Closing
will automatically be extended for such period, if necessary) and, upon such termination, the
Earnest Money will be immediately returned to Purchaser and neither Party will have any further
rights or obligations hereunder other than those that expressly survive the termination of this
Contract. If Purchaser fails to timely terminate this Contract, the incorrect or incomplete
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representation or warranty will be deemed modified based on the additional information and
Purchaser will be deemed to have waived its right to terminate this Contract based on such
incorrect or incomplete representation or warranty. In the event that a representation and
warranty hereunder is untrue as of the Effective Date, or has become untrue as the result of
changes of conditions within the reasonable control of Seller and Seller fails to remedy such
conditions prior to Closing, then Seller shall be deemed in default hereunder and Purchaser shall
be entitled to its remedies set forth in Section 9 below.
6.2 Purchaser’s Representations and Warranties. Purchaser represents to Seller
that, as of the Effective Date throughout the term of this Contract and as of Closing:
6.2.1 Authority. Purchaser has all the requisite power and authority, and has
obtained all necessary consents, to execute and deliver this Contract and to consummate the
transactions contemplated in this Contract. Each individual executing this Contract on behalf of
Purchaser represents and warrants to Seller that he is duly authorized to do so.
6.2.2 Purchaser acknowledges that Purchaser has reviewed a copy of the letter
from the Colorado Department of Natural Resources Division of Water Resources dated June 27,
2012, which addresses the jurisdictional status and expectation for rehabilitation of the dam on
Sanborn Lake which is located on a portion of Parcel 2. As part of the consideration for the
amount of the purchase price, Seller has accepted a reduced value for Parcel 2 in exchange for
Purchaser’s potential liability for rehabilitation of the dam on Parcel 2. Purchaser specifically
acknowledges that following the acquisition of Parcel 2 pursuant to this Contract that Purchaser
will be subject to regulation of the dam by the Colorado Department of Natural Resources
Division of Water Resources and may be required to rehabilitate the dam.
6.2.3 Purchaser understands and agrees that there is no deeded access to Parcel 1.
All of the representations and warranties of Purchaser set forth in this Section 6.2 will survive
the Closing.
6.3 Seller’s Covenants. Seller agrees that during the period from the Effective Date
through the Closing Date, or earlier termination of this Contract, Seller will perform the
following covenants:
6.3.1 Seller shall operate and maintain the Property in a manner generally
consistent with the manner in which Seller has operated and maintained the Property prior to the
date hereof.
6.3.2 Seller shall not affirmatively encumber the Property, except as required by
court order, as required by law or as otherwise contemplated herein.
6.3.3 Seller shall not voluntarily take any action that causes the representations
and warranties set forth in Section 6.1 to be inaccurate.
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6.3.4 At Closing, Seller shall convey by quit claim deed, any and all rights and
interests as may be held by or reserved unto Seller to easements, rights-of-way and rights of
ingress and egress which burden and/or run with the Real Property including, without limitation,
any and all such rights and interests as conveyed and reserved by Warranty Deed recorded April
23, 1923 in Book 469 at Page 311.
7. “AS IS” SALE.
Except as otherwise provided herein and in any document executed at Closing, Purchaser
acknowledges that it will be purchasing the Property based solely upon its inspection and
investigation of the Property and that Purchaser will be purchasing the Property “AS IS” and
“WITH ALL FAULTS.”
8. CLOSING.
8.1 Closing Date. The closing (“Closing”) shall be held at the offices of Title
Company, on the date that is 15 calendar days after expiration of the Due Diligence Period
(“Closing Date”).
8.2 Seller’s Obligations at the Closing. At Closing, Seller will do, or cause to be
done, the following:
8.2.1 Documents. Seller will execute, acknowledge (if necessary), and deliver
into escrow with the Title Company, the following documents:
8.2.1.1 Special Warranty Deed in the form attached hereto as Exhibit C
subject only to the Permitted Exceptions;
8.2.1.2 Bargain and Sale Deed (as to water rights and interests) in the
form attached hereto as Exhibit D;
8.2.1.3 Quit Claim Deed conveying any and all interests and rights of
Seller in and to easements and rights-of-way upon, along, over and under the Real Property, in
the form attached hereto as Exhibit E;
8.2.1.4 Assignment of General Intangibles in the form attached hereto as
Exhibit F; and
8.2.1.5 if required, an affidavit certifying that Seller is not a foreign
entity under the Foreign Investment in Real Property Act.
8.2.2 Possession. Seller will deliver possession of the Property, subject to any
Permitted Exceptions, but free and clear of all Leases and Service Contracts.
8.2.3 Additional Documents. Seller will execute and deliver or obtain for
delivery to Title Company any other instruments reasonably necessary to consummate the sale of
the Property pursuant to this Contract, including, by way of example, closing statements and
evidence of the authority of the party executing instruments on behalf of Seller and any
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documents necessary to satisfy any Schedule B-Section 1 requirements of Seller shown on the
Title Commitment (including any affidavits or other information required to delete the standard
mechanics lien exception).
8.2.4 Costs. Seller will pay all costs allocated to Seller pursuant to Section 8.4
below.
8.3 Purchaser’s Obligations at the Closing. At Closing, Purchaser will do, or
cause to be done, the following:
8.3.1 Payment of Consideration. Purchaser will timely pay to Seller the
Purchase Price, as adjusted in accordance with the provisions of this Contract.
8.3.2 Title Policy. Purchaser will cause the Title Company to issue to
Purchaser an extended coverage owner’s policy of title insurance in conformance with the Title
Commitment (“Title Policy”), in the amount of the Purchase Price, and insuring that Purchaser
has good and indefeasible title to the Property, subject only to the Permitted Exceptions.
8.3.3 Additional Documents. Purchaser will execute, acknowledge (if
necessary) and deliver to Title Company any instruments reasonably necessary to consummate
the sale of the Property pursuant to this Contract, including, by way of example, closing
statements and evidence of the authority of the party executing instruments on behalf of
Purchaser.
8.3.4 Costs. Purchaser will pay all costs allocated to Purchaser pursuant to
Section 8.4 below.
8.4 Costs and Adjustments at Closing.
8.4.1 Expenses. Seller will pay for one-half of the escrow fees charged by the
Title Company and the documentary fee for the Special Warranty Deed. Purchaser will be
responsible for the Title Policy premium, recording fees for the Special Warranty Deed, the
Bargain and Sale Deed and the Quitclaim Deed and one-half of the escrow fees charged by Title
Company. Seller and Purchaser will be responsible for the fees and expenses of their respective
attorneys.
8.4.2 Real Property Taxes. Real property taxes and assessments affecting the
Property will be prorated between Purchaser and Seller as of Closing based on a 365-day year.
All non-delinquent real property taxes on the Property will be prorated based on the actual
current tax bill, but if such tax bill has not yet been received by Closing then the proration will be
determined by the application of the latest tax rate applicable to the latest assessed valuation of
the Property. Seller shall be solely responsible for payment of all taxes for tax years prior to the
year of Closing.
8.4.3 Other Income and Expenses. Except as otherwise expressly stated
herein, all other income and ordinary operating expenses for or pertaining to the Property will be
prorated as of 11:59 p.m. on the day preceding the Closing Date. All prorations set forth in this
Section 8.4 shall be deemed final.
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9. REMEDIES.
9.1 Default by Seller. In the event that Seller is in breach of any of its obligations
under this Contract, and fails to cure such breach within 10 calendar days of receipt of notice
from Purchaser of such breach (“Cure Period”), Purchaser may as its remedies either (a)
terminate this Contract by giving written notice thereof to Seller prior to or at the Closing, in
which event Purchaser will be entitled to a return of all Earnest Money free and clear of any
claims by the Seller or any other party, or (ii) enforce specific performance of Seller’s duties and
obligations under this Contract. Notwithstanding the foregoing, should specific performance be
unavailable because Seller has wrongfully sold the Property to a third party or wrongfully liened
the Property in a manner that practically makes such specific performance impossible, then
Purchaser shall be entitled to a return of all Earnest Money and additionally shall have all
remedies at law and in equity. Notwithstanding the foregoing, any remedies of Purchaser for
covenants that expressly survive termination or Closing shall not be limited by this Section 9.1
and Purchaser shall be entitled to exercise all remedies at law with respect thereto. The
provisions of this paragraph shall not limit the indemnification obligations of Seller hereunder.
9.2 Default by Purchaser. Except as specifically provided elsewhere in this
Contract and so long as Seller is not in breach of any of its obligations under this Contract, in the
event that Purchaser is in breach of any of its obligations under this Contract, and fails to cure
such breach within 10 calendar days of receipt of notice from Seller of such breach, then Seller,
as Seller’s sole and exclusive remedy, will have the right to terminate this Contract by giving
written notice thereof to Purchaser prior to or at the Closing, whereupon neither Party hereto will
have any further rights or obligations hereunder, and Seller shall be entitled to the Earnest
Money then held by Title Company as liquidated damages. It is agreed that the amount to which
the Seller is entitled under this Section 9.2 is a reasonable forecast of just compensation for the
harm that would be caused by Purchaser’s breach and that the harm that would be caused by
such breach is one that is incapable or very difficult of accurate estimation. The provisions of
this paragraph shall not limit the indemnification obligations of Purchaser hereunder.
9.3 Fees. In the event either party to this Contract commences legal action of any
kind to enforce the terms and conditions of this Contract, the prevailing party in such litigation
will be entitled to collect from the other party all costs, expenses and attorneys’ fees incurred in
connection with such action.
This Section 9 shall survive Closing or earlier termination of this Contract.
10. RISK OF LOSS, DESTRUCTION, AND CONDEMNATION.
10.1 Risk of Loss. Risk of loss for damage to the Property, or any part thereof, by
fire or other casualty (including, without limitation, failure of the dam not resulting from the
actions of Purchaser) from the Effective Date until the Closing will be on Seller. After Closing,
risk of loss with respect to the Property will pass to Purchaser.
10.2 Casualty/Condemnation. If all or any portion of the Property is damaged by
fire or other casualty or is condemned prior to Closing, Seller shall notify Purchaser in writing
and Purchaser shall have 20 calendar days after receipt of such notice in which to terminate this
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Contract, in which event neither Party shall have any further obligations to the other hereunder
except as otherwise provided herein, and all Earnest Money shall be returned to Purchaser. In
the event that Purchaser does not timely terminate this Contract pursuant to the foregoing, then
Seller shall assign to Purchaser all of its right, title, and interest in and to the proceeds of any and
all fire or other casualty insurance or condemnation proceeds relating to such damage or
condemnation, and the amount of any deductible shall be credited against the Purchase Price at
Closing.
11. REAL ESTATE COMMISSIONS AND FEES.
Seller represents and warrants to Purchaser that Seller has not contacted or entered into
any written agreement with any real estate broker, agent, finder, or any party in connection with
this transaction. Purchaser represents and warrants to Seller that Purchaser has not contacted or
entered into any written agreement with any real estate broker, agent, finder, or any party in
connection with this transaction. Each Party hereby indemnifies and agrees to hold the other
Party harmless from any loss, liability, damage, cost, or expense (including, without limitation,
reasonable attorneys’ fees) paid or incurred by the other Party by reason of a breach of the
representation and warranty made by such indemnifying Party under this Section 11.
Notwithstanding anything to the contrary contained herein, the indemnities set forth in this
Section 11 will survive the Closing or earlier termination of this Contract.
12. NOTICES.
12.1 Written Notice. All notices, demands and requests which may be given or
which are required to be given by either party to the other party under this Contract must be in
writing.
12.2 Method of Transmittal. All notices, demands and requests required to be in
writing must be sent by (a) United States certified or registered mail, postage fully prepaid,
return receipt requested in which event notice shall be deemed delivered upon the date of
delivery or attempted delivery as shown on the certified receipt, (b) Federal Express or a similar
nationally recognized overnight courier service, in which case notice shall be deemed delivered 1
business day after deposit with such courier, or (c) email, in which case notice shall be deemed
delivered upon delivery of such email.
12.3 Addresses. The addresses for proper notice under this Contract are as follows:
Seller Purchaser
Town of Estes Park
170 MacGregor Avenue,
PO Box 1200
Estes Park, CO 80517
Attn: Town Administrator
Email: flancaster@estes.org
Jeff Cheley
24 Cherry Lane Drive
Englewood, CO 80113
Email: jeffcheley@cheley.com
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WITH A COPY TO: WITH A COPY TO:
Gregory A. White
1423 West 29th Street,
Loveland, CO 80538
Email: greg@gawhite.com
Davis Graham & Stubbs LLP
1550 17th Street, Suite 500
Denver, Colorado 80202
Attn: Joel A. Mayo
Email: joel.mayo@dgslaw.com
Any party may from time to time by written notice designate a different address to the
other parties.
13. ASSIGNMENT.
Neither party will have the right to assign this Contract, except by operation of law;
provided, however, that Purchaser may assign its right and obligations under this Contract to an
entity in which Purchaser has an ownership or management interest.
14. INTERPRETATIVE.
14.1 Entire Agreement. This Contract embodies the entire agreement between the
parties and cannot be varied except by the written agreement of the Parties.
14.2 Captions. The captions used in connection with the Articles, Sections and
Subsections of this Contract are for convenience only and will not be deemed to expand or limit
the meaning of the language of this Contract.
14.3 Successors and Assigns. This Contract will be binding upon and inure to the
benefit of the Parties hereto and their respective legal representatives, successors and permitted
assigns.
14.4 Multiple Counterparts. This Contract may be executed in several counterparts,
each of which will be deemed an original, and all of which will constitute but one and the same
instrument.
14.5 Controlling Law. This Contract will be construed under, governed by and
enforced in accordance with the laws of the State of Colorado.
14.6 Exhibits. All exhibits, attachments, annexed instruments and addenda referred
to herein will be considered a part hereof for all purposes with the same force and effect as if
copied verbatim herein.
14.7 No Rule of Construction. Seller and Purchaser have each been represented by
counsel in the negotiations and preparation of this Contract; therefore, this Contract will be
deemed to be drafted by both Seller and Purchaser, and no rule of construction will be invoked
respecting the authorship of this Contract.
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14.8 Severability. All agreements and covenants contained in this Contract are
severable. In the event any agreement or covenant is held to be invalid by any court, this
Contract will be interpreted as if such invalid agreement or covenant were not contained herein.
14.9 Time of Essence. Time is important to both Seller and Purchaser in the
performance of this Contract, and both parties have agreed that strict compliance is required as to
any date set out in this Contract.
14.10 Business Days. The term “business day” means any day on which business is
generally transacted by banks in Denver, Colorado. If the final date of any period which is set
out in any paragraph of this Contract falls upon a day which is not a business day, then, and in
such event, the time of such period will be extended to the next business day.
15. EFFECTIVE DATE.
This Contract will be deemed executed as of the date of the last signature by Seller and
Purchaser (the “Effective Date”).
SELLER:
TOWN OF ESTES PARK, a Municipal corporation
By: ____________________________________
Name: ____________________________________
Title: ____________________________________
Date: ____________________________________
PURCHASER:
By: ____________________________________
Jeff Cheley
Date: ____________________________________
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EXHIBIT A
(Legal Description of Real Property)
Parcel 1:
A parcel located in Section 12, Township 4 North, Range 73 West of the 6th P.M., more
particularly described as follows:
BEGINNING at the center of Section 12, Township 4, North, Range 73 West of the 6th P.M.,
thence N1° 50’ E 350 feet along the East line of the NW1/4 of said Section;
thence nearly West on a line parallel to the South boundary line of said Section, 350 feet;
thence in a Southerly course on a line parallel to the East boundary line of said quarter section,
350 feet, to a point on the South boundary line of said quarter section;
thence in an Easterly course along the South line of said quarter section to POINT OF
BEGINNING.
Parcel 2:
That part of the N1/2 of S1/2 of Section 12, Township 4 North, Range 73 West of the 6th P.M.,
described by metes and bounds as follows:
BEGINNING at a point whence the West Quarter corner of said Section 12 bears N59° 33’ W a
distance of 2,477 feet;
thence N89° 30’ E 830 feet to a point;
thence North 200 feet to a point;
thence S83° 39’ W 834.3 feet to a point;
thence South 115 feet, more or less, to the POINT OF BEGINNING.
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EXHIBIT B
(Specific Water Rights)
Sanborn Lake. 3.55 acre-feet decreed absolute for domestic purposes by the District Court in
and for Water Division No. 1 in Case No. W-7122 on June 6, 1978, with an adjudication date of
October 11, 1972 and an appropriation date of December 31, 1923. The source of supply is
surface runoff tributary to Fish Creek, the Big Thompson River, and the South Platte River.
Sanborn Spring. 0.13 cfs decreed absolute for domestic purposes by the District Court in and for
Water Division No. 1 in Case No. W-7122 on June 6, 1978, with an adjudication date of October
11, 1972, and an appropriation date of December 31, 1922. The source of supply is a natural
spring, which is tributary to Fish Creek, the Big Thompson River, and the South Platte River.
Sanborn Water Company Pipe Lines. 0.14 cfs decreed absolute for domestic purposes by the
District Court in and for the County of Boulder in Civil Action No. 10077 in a supplemental
decree dated April 15, 1942, but with the same force and effect as if it were part of the original
decree entered on November 14, 1939. The appropriation date is July 20, 1922 (Domestic
Priority No. 32½). The total diversion into said pipe lines pursuant to this water right is not to
exceed 40,000 gallons in any twenty-four hour period. The source of supply is the middle branch
of Fish Creek, a tributary of the Big Thompson River.
100
EXHIBIT C
(Form of Special Warranty Deed)
[SEE ATTACHED]
101
After Recording Return to:
Davis Graham & Stubbs LLP
Attn: Joel A. Mayo
1550 17th Street, Suite 500
Denver, Colorado 80202
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is dated _________________, and is made by TOWN
OF ESTES PARK, a Municipal corporation, the “Grantor,” and JEFF CHELEY, the
“Grantee,” whose legal address is 24 Cherry Lane Drive, Englewood, CO 80113.
WITNESS, that Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and
other valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
hereby grants, bargains, sells, conveys and confirms unto Grantee, all of the real property,
together with any improvements thereon, located in the County of Larimer, and State of
Colorado, described on the attached Exhibit A (“Property”);
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or
in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the
right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and
to the Property, with the hereditaments and appurtenances, including (a) all easements, rights-of-
way, reversions, remainders, development rights, mineral rights, water rights, well rights and air
rights appurtenant to the Property, (b) any rights of Grantor to any adjoining strips or gores of
property and any land lying within the bed of any adjoining street, and (c) any other rights or
privileges appurtenant to such Property or used in connection therewith.
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto Grantee forever. Grantor does covenant and agree that Grantor shall and
will WARRANT THE TITLE AND DEFEND the above described premises in the quiet and
peaceable possession of Grantee, against all and every person or persons claiming the whole or
any part thereof, by, through or under Grantor, subject to taxes for the current year and
subsequent years, and subject to those matters described on the attached Exhibit B.
[SIGNATURE FOLLOWS]
102
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed and
acknowledged on the date set forth above.
GRANTOR:
Town of Estes Park, a Municipal corporation
By: __________________________________
Printed Name: ____________________________
Its: __________________________________
STATE OF ________________________ )
) ss.
COUNTY OF ______________________ )
The foregoing instrument was acknowledged before me this _____ day of
________________, by __________________ as _______________________ of Town of Estes
Park, a Municipal corporation.
Witness my hand and official seal.
Notary Public
My commission expires: ____________________
103
Exhibit A to Special Warranty Deed
Legal Description
Parcel 1:
A parcel located in Section 12, Township 4 North, Range 73 West of the 6th P.M., more
particularly described as follows:
BEGINNING at the center of Section 12, Township 4, North, Range 73 West of the 6th P.M.,
thence N1° 50’ E 350 feet along the East line of the NW1/4 of said Section;
thence nearly West on a line parallel to the South boundary line of said Section, 350 feet;
thence in a Southerly course on a line parallel to the East boundary line of said quarter section,
350 feet, to a point on the South boundary line of said quarter section;
thence in an Easterly course along the South line of said quarter section to POINT OF
BEGINNING.
Parcel 2:
That part of the N1/2 of S1/2 of Section 12, Township 4 North, Range 73 West of the 6th P.M.,
described by metes and bounds as follows:
BEGINNING at a point whence the West Quarter corner of said Section 12 bears N59° 33’ W a
distance of 2,477 feet;
thence N89° 30’ E 830 feet to a point;
thence North 200 feet to a point;
thence S83° 39’ W 834.3 feet to a point;
thence South 115 feet, more or less, to the POINT OF BEGINNING.
104
Exhibit B to Special Warranty Deed
Permitted Exceptions
105
EXHIBIT D
(Form of Bargain and Sale Deed)
[SEE ATTACHED]
106
After Recording Return to:
Davis Graham & Stubbs LLP
Attn: Joel A. Mayo
1550 17th Street, Suite 500
Denver, Colorado 80202
BARGAIN AND SALE DEED
THIS BARGAIN AND SALE DEED, made this ___ day of ____________, 2017, is from the
TOWN OF ESTES PARK, a Municipal corporation, whose legal address is
_______________________ ("Grantor") to JEFF CHELEY, whose legal address is 24 Cherry
Land Drive, Englewood, CO 80113 (“Grantee”).
WITNESSETH, that Grantor, for and in consideration of Ten Dollars ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby
sells and conveys unto Grantee all of Grantor’s right, title, and interest in and to all water and
water rights, ditches and ditch rights, storage rights, water pipelines (above or below ground),
water contracts or agreements, wells and well permits, underground water (whether tributary or
nontributary), and all other rights in and to the use of water of any kind or nature, which are
located on or under, were historically used in connection with, or are otherwise appurtenant to
the real property described on Exhibit A hereto INCLUDING, BUT NOT LIMITED TO, the
specific water rights described on Exhibit B hereto, located in the County of Larimer, State of
Colorado (collectively the “Water Rights”), together with all appurtenances and easements,
rights-of-way, embankments, flumes, headgates, pumps, outlet works, measuring devices, and
other structures associated with the Water Rights.
Grantor warrants to Grantee only that it has not conveyed any of the Water Rights, caused a lien
to be imposed or suffered a lien to exist which causes loss of title to the Water Rights, or
developed an intent to abandon any of the Water Rights.
[Signature Page Follows]
107
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed and
acknowledged on the date first set forth above.
GRANTOR:
Town of Estes Park, a Municipal corporation
By: __________________________________
Printed Name: ____________________________
Its: __________________________________
STATE OF ________________________ )
) ss.
COUNTY OF ______________________ )
The foregoing instrument was acknowledged before me this _____ day of
________________, by __________________ as _______________________ of Town of Estes
Park, a Municipal corporation.
Witness my hand and official seal.
Notary Public
My commission expires: ____________________
108
Exhibit A to Bargain and Sale Deed
Legal Description Of Property
Parcel 1:
A parcel located in Section 12, Township 4 North, Range 73 West of the 6th P.M., more
particularly described as follows:
BEGINNING at the center of Section 12, Township 4, North, Range 73 West of the 6th P.M.,
thence N1° 50’ E 350 feet along the East line of the NW1/4 of said Section;
thence nearly West on a line parallel to the South boundary line of said Section, 350 feet;
thence in a Southerly course on a line parallel to the East boundary line of said quarter section,
350 feet, to a point on the South boundary line of said quarter section;
thence in an Easterly course along the South line of said quarter section to POINT OF
BEGINNING.
Parcel 2:
That part of the N1/2 of S1/2 of Section 12, Township 4 North, Range 73 West of the 6th P.M.,
described by metes and bounds as follows:
BEGINNING at a point whence the West Quarter corner of said Section 12 bears N59° 33’ W a
distance of 2,477 feet;
thence N89° 30’ E 830 feet to a point;
thence North 200 feet to a point;
thence S83° 39’ W 834.3 feet to a point;
thence South 115 feet, more or less, to the POINT OF BEGINNING.
109
Exhibit B to Bargain and Sale Deed
Water Rights
Sanborn Lake. 3.55 acre-feet decreed absolute for domestic purposes by the District Court in
and for Water Division No. 1 in Case No. W-7122 on June 6, 1978, with an adjudication date of
October 11, 1972 and an appropriation date of December 31, 1923. The source of supply is
surface runoff tributary to Fish Creek, the Big Thompson River, and the South Platte River.
Sanborn Spring. 0.13 cfs decreed absolute for domestic purposes by the District Court in and for
Water Division No. 1 in Case No. W-7122 on June 6, 1978, with an adjudication date of October
11, 1972, and an appropriation date of December 31, 1922. The source of supply is a natural
spring, which is tributary to Fish Creek, the Big Thompson River, and the South Platte River.
Sanborn Water Company Pipe Lines. 0.14 cfs decreed absolute for domestic purposes by the
District Court in and for the County of Boulder in Civil Action No. 10077 in a supplemental
decree dated April 15, 1942, but with the same force and effect as if it were part of the original
decree entered on November 14, 1939. The appropriation date is July 20, 1922 (Domestic
Priority No. 32½). The total diversion into said pipe lines pursuant to this water right is not to
exceed 40,000 gallons in any twenty-four hour period. The source of supply is the middle branch
of Fish Creek, a tributary of the Big Thompson River.
110
EXHIBIT E
(Form of Quit Claim Deed)
[SEE ATTACHED]
111
QUIT CLAIM DEED
(Statutory Form, C.R.S. §38-30-116)
TOWN OF ESTES PARK, a Municipal corporation (“Grantor”), for and in
consideration of Ten and no/100ths Dollars ($10.00), in hand paid, hereby sells and quit claims
to JEFF CHELEY (“Grantee”), whose street address is 24 Cherry Lane Drive, Englewood, CO
80113, all of its right, title and interest in and to all easements, rights-of-way, rights of access,
and rights of ingress and egress upon, along, under and across the following real property in the
County of Larimer and State of Colorado, to wit:
All that real property more fully described in Exhibit A attached hereto and incorporated
herein by this reference
vacant land without street and number (the “Property”).
The foregoing to include, without limitation, any and all rights conveyed or reserved unto
Grantor, whether directly or by succession-in-interest to the title of the Property, pursuant to that
certain Warranty Deed recorded April 23, 1923 in Book 469, Page 311 of the real property
records of the Clerk and Recorder for Larimer County, Colorado.
Signed this ____ day of _________________, 2017.
TOWN OF ESTES PARK, a Municipal
corporation
By: ________________________________
Printed Name: ________________________
Its: _________________________________
STATE OF COLORADO )
) ss.
COUNTY OF _________ )
The foregoing instrument was acknowledged before me this ____ day of ____________,
2017, by _________________, as ___________________ of Town of Estes Park, a Municipal
corporation.
My commission expires:____________________________
Witness my hand and official seal.
Notary Public
112
Exhibit A to Quit Claim Deed
Legal Description Of Property
Parcel 1:
A parcel located in Section 12, Township 4 North, Range 73 West of the 6th P.M., more
particularly described as follows:
BEGINNING at the center of Section 12, Township 4, North, Range 73 West of the 6th P.M.,
thence N1° 50’ E 350 feet along the East line of the NW1/4 of said Section;
thence nearly West on a line parallel to the South boundary line of said Section, 350 feet;
thence in a Southerly course on a line parallel to the East boundary line of said quarter section,
350 feet, to a point on the South boundary line of said quarter section;
thence in an Easterly course along the South line of said quarter section to POINT OF
BEGINNING.
Parcel 2:
That part of the N1/2 of S1/2 of Section 12, Township 4 North, Range 73 West of the 6th P.M.,
described by metes and bounds as follows:
BEGINNING at a point whence the West Quarter corner of said Section 12 bears N59° 33’ W a
distance of 2,477 feet;
thence N89° 30’ E 830 feet to a point;
thence North 200 feet to a point;
thence S83° 39’ W 834.3 feet to a point;
thence South 115 feet, more or less, to the POINT OF BEGINNING.
113
EXHIBIT F
(Form of Assignment)
[SEE ATTACHED]
114
ASSIGNMENT OF GENERAL INTANGIBLES
THIS ASSIGNMENT OF GENERAL INTANGIBLES (“Assignment”) is made as of the
____ day of ________________, 2017, between TOWN OF ESTES PARK, a Municipal
corporation (“Assignor”), to and in favor of JEFF CHELEY, and any successors and assigns
(“Assignee”).
For and in consideration of the sum of Ten and No/Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Assignor hereby
assigns, transfers, sets over and conveys to Assignee all of Assignor’s right, title and interest (but
not the liabilities) in any and all of the following, without representation or warranty (except as
otherwise provided below), as they apply to the “Property” set forth on the attached Exhibit A:
(a) all existing permits, licenses, approvals and authorizations issued by any governmental
authority in connection with the Property;
(b) all rights of Assignor relating to grading, construction, drainage and utilities affecting the
Property (including off-site connections of each of the foregoing), including without limitation,
all rights of access, ingress and egress related to the foregoing and pertaining to, encumbering or
benefitting all or any portion of the Property;
(c) all rights, with respect to land use, governmental authorizations, utilities, water
connections and all other rights including, but not limited to, all applications, development rights
and privileges, permits, licenses, entitlements, benefits and other related permits and approvals,
including any amendments and supplements thereto, which in any way were obtained in
connection with or relate to the acquisition, development, maintenance or operation of the
Property; and
(d) all books, records, studies, reports, analyses, test results, environmental assessments, if
any, landscape plans, as-built plans, specifications and other similar documents and materials
relating to the use, operation, maintenance, repair or construction of all or any portion of the
Property.
Assignor hereby represents and warrants to Assignee that it has not previously assigned the
foregoing items as they relate to the Property.
This Assignment is binding upon the successors and assigns of Assignor and Assignee.
This Assignment shall be governed by and interpreted under the law of the State of Colorado,
without regards to its principles of conflict of laws which would result in the application of any
law other than the law of the State of Colorado.
[Signature Page Follows]
115
ASSIGNOR:
TOWN OF ESTES PARK,
a Municipal corporation
By:
Name:
Title:
116
Exhibit A to Assignment
Legal Description Of Property
Parcel 1:
A parcel located in Section 12, Township 4 North, Range 73 West of the 6th P.M., more
particularly described as follows:
BEGINNING at the center of Section 12, Township 4, North, Range 73 West of the 6th P.M.,
thence N1° 50’ E 350 feet along the East line of the NW1/4 of said Section;
thence nearly West on a line parallel to the South boundary line of said Section, 350 feet;
thence in a Southerly course on a line parallel to the East boundary line of said quarter section,
350 feet, to a point on the South boundary line of said quarter section;
thence in an Easterly course along the South line of said quarter section to POINT OF
BEGINNING.
Parcel 2:
That part of the N1/2 of S1/2 of Section 12, Township 4 North, Range 73 West of the 6th P.M.,
described by metes and bounds as follows:
BEGINNING at a point whence the West Quarter corner of said Section 12 bears N59° 33’ W a
distance of 2,477 feet;
thence N89° 30’ E 830 feet to a point;
thence North 200 feet to a point;
thence S83° 39’ W 834.3 feet to a point;
thence South 115 feet, more or less, to the POINT OF BEGINNING.
117
118
Family Advisory Board Appointments
Town Clerk Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: April 6, 2017
RE: Family Advisory Board Appointments and Town Board Liaison
Appointment
Objective:
To appoint members to the newly formed Family Advisory Board to fill terms of 1-year,
2-year and 3-year appointments, and to appoint a Town Board liaison to the Family
Advisory Board.
Present Situation:
The Town Board approved the formation of the Family Advisory Board at their February
14, 2017 Town Board meeting and appointed the interview committee of Trustees
Martchink and Norris. The positions were advertised in the Trail Gazette and the
Town’s website. The Town received 17 applications and interviewed 16 candidates
over a two-day period.
The interview committee found the candidates to have high levels of interests, lots of
energy, many good ideas, and a wide diversity of experience and knowledge, including
a focus on very young families, teenagers, single parents, children with special needs,
housing, childcare, job and recreational opportunities, transportation, local business,
school district, nonprofit, and regional, state, and national networks. Overall the
interview team was very impressed with the candidates.
Proposal:
The interview team recommends the following appointments:
One Year Term – April 15, 2017 – April 15, 2018
Nancy Almond
Rachel Balduzzi
Jodi Roman
Marion Stallworth
Two Year Term – April 15, 2017 – April 15 - 2019
Shannon Faith
Jessica McGee
119
Family Advisory Board Appointments
Courtney Hill
Bin Greer
Three Year Term – April 15, 2017 – April 15 - 2020
Floyd Collins
Laurie Dale Marshall
Karen Randinitis
John Bryant
Advantages:
To appoint the Board members to get the new Board started and allow a kickoff meeting
to get officers elected and review and approve bylaws.
Disadvantages:
If the appointments are not made, the positions would remain vacant until the position
can be re-advertised and interviews conducted.
Action Recommended:
To appoint the Board members as listed above.
Budget:
None.
Level of Public Interest
Medium/High.
Sample Motion:
I move to approve/deny the appointments to the Family Advisory Board as proposed.
I move to appoint Trustee ______________ as the liaison to the Family Advisory Board.
120