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Town Council Resolution 18 2013TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 18 SERIES OF 2013 A RESOLUTION FINDING THE PETITION OF CLEAR W RANCH, LLC A NEVADA LIMITED LIABILITY COMPANY, REQUESTING ANNEXATION OF CERTAIN REAL PROPERTY INTO THE TOWN OF SNOWMASS VILLAGE TO BE IN SUBSTANTIAL COMPLIANCE WITH THE PROVISIONS OF THE MUNICIPAL ANNEXATION ACT OF 1965, SETTING A DATE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXATION; AND RATIFICATION OF A PRE -ANNEXATION AGREEMENT. WHEREAS, on April 1, 2013 Clear W Ranch, LLC, a Nevada limited liability company, (hereinafter "Petitioner") filed with the Town Clerk a Petition for Annexation of unincorporated tracts of land situate in the County of Pitkin, State of Colorado, as more particularly described in Exhibit "A," attached hereto and incorporated herein by this reference, hereinafter referred to as the "Property"; and WHEREAS, the Town Clerk and the Town Attorney have reviewed the Petition for Annexation and the annexation map attached to the Petition and have determined that the Petition and the map are in substantial compliance with the provisions of the Municipal Annexation Act, as required by Section 31-12-107 C.R.S.; and WHEREAS, the Town Council finds that the Petition for Annexation: 1. Was executed by one hundred percent (100%) of the landowners of the area proposed to be annexed; and 2. Was filed with the Town Clerk; and 3. Contains an allegation that it is desirable and necessary that the area proposed for annexation be annexed into the Town of Snowmass Village; and 4. Contains an allegation that the requirements of Section 31- 12-104 C.R.S. and Section 31-12-105 C.R.S. exist, or have been met; and 5. Contains an allegation that not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the existing municipal boundaries of the Town of Snowmass Village; and Reso 13-18 Page 2 of 5 6. Contains an allegation that a community of interest exists between the area proposed to be annexed and the Town of Snowmass Village and that the area proposed to be annexed is integral with or is capable of being integrated into the Town of Snowmass Village; and 7. Contains an allegation that no annexation proceedings have been commenced for annexation of the area proposed to be annexed into the Town of Snowmass Village by any other municipality; nd 8. Contains an allegation that the area proposed to be annexed will not result in the detachment of the area from any school district and the attachment of the same to another school district; and 9. Contains a request that the Town of Snowmass Village approve the annexation of the area proposed to be annexed; and 10. Sets forth the mailing address of the Petitioner; and 11. Sets forth the legal description of the land owned by the Petitioners; and 12. Contains the date of signing of the Petition; and 13. Is accompanied by an affidavit of the circulator which is attached to the Petition, stating that the signatures on the Petition are the signatures of the persons whose names they purport to be; and 14. Is accompanied by four (4) copies of an annexation map meeting the requirements of Section 31-12-107(1)(d) C.R.S.; and 15. Was executed by the Petitioner within one hundred and eighty (180) days prior to the date of the filing of the Petition for Annexation with the Town Clerk; and WHEREAS, the Town Council has reviewed the Petition for Annexation and the annexation map finds them to be in substantial compliance with the requirements of Section 31-12-107(1) C.R.S.; and WHEREAS, in accordance with the provisions of the Municipal Annexation Act, the Town Council desires to certify its finding of substantial compliance and to set a public hearing date on the Petition for Annexation; and WHEREAS, the processing of the Petition for Annexation will be governed by the Annexation Regulations of the Planning Department, the provisions of the Municipal Annexation Act and the Pre -Annexation Agreement; and Reso 13-18 Page 3 of 5 WHEREAS, the Town Manager negotiated a Pre -Annexation Agreement with the Petitioners as authorized by the Town Council by Resolution No. 15, Series of 2013; and WHEREAS, after receiving public comment and a recommendation from Town Staff, the Town Council has determined that the Petition for Annexation will be processed in the manner as hereinafter set forth; and WHEREAS, the Town Council finds that the adoption of this Resolution is necessary for the immediate preservation of the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, as follows: 1. Finding of Substantial Compliance. The Petition for Annexation and the annexation map attached hereto as Exhibits "B" and "C" respectively, and incorporated herein by this reference are hereby deemed to be in substantial compliance with the requirements of Section 31-12-107(1) C.R.S. 2. Preparation of Annexation Impact Report. The Community Development Director will prepare an annexation impact report concerning the proposed annexation on or before June 4, 2013 and will file one (1) copy with the Board of County Commissioners of Pitkin County, Colorado, on or before June 5, 2013 as contemplated by Section 31-12-108.5 C.R.S., unless the preparation of such report is waived by the Board of County Commissioners. The Community Development Director is hereby directed to prepare a plan for the area proposed to be annexed as contemplated by Section 31-12-105(1)(e) C.R.S. 3. Public Hearing. A public hearing to determine if the proposed annexation complies with the requirements of Section 31-12-104 C.R.S. and 31- 12-105 C.R.S., or such parts thereof as may be required to establish eligibility for annexation is hereby scheduled to occur on July 1, 2013, commencing at 4:00 o'clock p.m., or as soon thereafter as can be heard, in the Town Council Chambers, in accordance with the provisions of Section 31-12-108 C.R.S., which date is not less than thirty (30) days, nor more than sixty (60) days after the date hereof. 4. Direction to Town Clerk. The Town Clerk is hereby directed to provide timely public notice of the public hearing set for July 1, 2013 in accordance with the provisions contained in Section 31-12-108(2) C.R.S., by publication and mailing. The public notice will: a. contain a copy of the Petition together with a notice that the public hearing will occur on July 1, 2013 at 4:00 o'clock p.m., or as soon thereafter as can be heard, in the Town Council chambers for Reso 13-18 Page 4 of 5 the purpose of determining and finding that the area proposed to be annexed meets the applicable requirements of Sections 31-12-104 and 31-12-105 C.R.S.; and b. be published in the Snowmass Sun on: May, 29, 2013, June 5, 2013, June 12, 2013, and June 19, 2013; and C. be sent, on or before June 4, 2013, by United States mail, registered, postage prepaid, addressed to the following: Board of County Commissioners of Pitkin County, Pitkin County Attorney, Aspen School District, Basalt Library District, Roaring Fork School District Snowmass-Wildcat Fire Protection District, Aspen Valley Hospital District, Colorado Mountain College, and Colorado River Water Conservation District. The proof of publication of the public notice and a proof of mailing will be filed in the record at the public hearing by the Town Clerk. 5. Pre -Annexation Aareement. The Pre -Annexation Agreement executed by the Town Manager, a true and accurate copy of which is attached hereto as Exhibit "D," is hereby ratified by the Town Council. 6. Severability. If any provision of this Resolution or application hereof to any person or circumstance is held invalid, the invalidity will not affect any other provision or application of this Resolution which can be given effect without the invalid provision or application, and, to this end, the provisions of this Resolution are severable. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village on the May 20, 2013 upon the motion of Council Member Kucker and the second of Council Member Jacobson and the motion was approved by a vote of 5 in favor and 0 against. Reso 13-18 Page 5 of 5 TOWN OF SNOWMASS VILLAGE By: Bill Boineau, Mayor ATTEST: e'xaj Rhonda B. Coxon, Town Clerk APPROVED AS TO FO John C. Dresser, Jr., Tow1h Atl�prney Exhibit A ANNEXATION PARCEL DESCRIPTION A PARCEL OF LAND BEING PART OF SECTIONS 23, 26, 27, 34 AND 35, TOWNSHIP 9 SOUTH, RANGE 86 WEST OF THE 6TH PRINCIPAL MERIDIAN® BEING SITUATED IN THAT PROPERTY DESCRIBED IN WARRANTY DEED RECORDED MAY 14, 2007 AS RECEPTION N0. 537791 OF THE PITKIN COUNTY RECORDS. SAID PARCEL IS MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE CORNER COMMON TO SAID SECTIONS 22, 23, 26 AND 27 BEARS S 65018' 27" W, A DISTANCE OF 2073,44 FEET; THENCE ALONG THE BOUNDARY LINE OF SAID PROPERTY THE FOLLOWING SIXTEEN (16) COURSES: 1) S 29°51'44" W, 86226 FEET; 2) S 43022'29" E, 472.44 FEET; 3) S 48 ° 18'33" E, 911.55 FEET; 4) S 08000'52" W, 711@92 FEET- 5) S 02030'04" W, 492#82 FEET- 6) S 23°47' S6" W, 275.85 FEET- 7) S 08051'54" W, 433@32 FEET- 8) S 01012'02" E, 2046.87 FEET; 9) S 45008'04" W, 2313.94 FEET; 10) N 56051'58" W, 189.50 FEET- 12) N 25015'28" W, 37932 FEET - 13) N 25038'49" W, 305.70 FEET- 14) N 29029'46" W, 307$77 FEET. - 15) N 1456' 43" W, 97.47 FEET; 16) N 05010'45" W, 122®11 FEET TO A RIDGE LINE; THENCE LEAVING SAID LINE AND ALONG SAID RIDGE LINE TH SEVENTEEN (17) COURSES: A POINT ON BOUNDARY FOLLOWING Exhibit A 1) N 13049103" W, 8829 FEET; 2) N 13003111" E, 83.41 FEET; 3) N 20047103' E, 59.71 FEET; 4) N 02026112" W, 210.22 FEET; 5) N 03040119" E, 1249.66 FEET; 6) N 00052'55" W, 378.08 FEET; 7) N 0401150'° E, 184.38 FEET; 8) N 14043113" E, 296.60 FEET; 9) N 09047158" E, 172.89 FEET; 10) N 03017'50" E, 924.98 FEET; 11) N 08°01'37" W, 98.38 FEET; 12) N 07012137" E, 222.15 FEET; 13) N 18017107" E, 326.78 FEET; 14) N 26010'04" E, 129.28 FEET; 15) N 17020'34" E, 109.99 FEET; 16) N 28°31'20" E, 159.94 FEET; 17) N 05°40' 36i' E, 190.42 FEET TO A POINT ON SAID BOUNDARY LINE; THENCE LEAVING SAID RIDGE LINE AND ALONG SAID BOUNDARY LINE THE FOLLOWING EIGHT (8) COURSES: 1) S 8905231" E, 208.12 FEET; 2) N 31049119" E, 301.26 FEET; 3) N 45023158" E, 341,53 FEET; 4) N 46036'45" E, 77.42 FEET; 5) N 4603722" E, 187.28 FEET; 6) N 52039105" E, 94.95 FEET; 7) N 29035140" E, 396.58 FEET; 8) N 63007'27' E, 369.38 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 11,994,003 SQ. FT. MORE OR LESS, OR 275.344 ACRES MORE OR LESS. PETITION FOR ANNEXATION COMES NOW LANDO�R Clear W Ranch, LLC, a Colorado limited liability company ("Petitioner") this.D1 day of 2013, to Petition the Town of Snowmass Village, Colorado for Annexation of that certain parcel of land as described in Exhibit A and as shown on the Annexation Map filed herewith as Exhibit B. Landowner states as follows: 1. It is desirable and necessary that the territory described in Exhibit A and referenced in Exhibit B (four prints accompanying this Petition), an annexation map meeting the requirements of Section 31-12-107(1)(d), C.R.S., attached hereto and incorporated herein by reference be annexed to the Town of Snowmass Village, Colorado. 2. The requirements of Section 31-12-104, C.R.S. exists or have been met in that: a. Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the Town of Snowmass Village, Colorado; b. A community of interest exists between the territory proposed to be annexed and the Town of Snowmass Village, Colorado; and C. The territory proposed to be annexed is urban or will be urbanized in the near future and is capable of being integrated as defined in Section 31-12- 104(1)(b), C.R.S. with the Town of Snowmass Village Colorado. 3. The requirements of Section 31-12-105, C.R.S. exist or have been met in that no land held in identical ownership, whether existing of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: a. Is divided into separate parts or parcels without the written consent of the landowner thereof, unless such tracts or parcels are separated by a dedicated street, road or other public way; b. Is included within the territory proposed to be annexed without the written consent of the landowner that: (1) comprises twenty (20) acres or (2) has an assessed value of the land, together with the buildings and improvements situated thereon, in excess of $200,000 for ad valorem tax purposes for the year preceding annexation; or C. Is more than three miles from any point on the municipal boundary, as such was established more than one year before this annexation will take place. d. The proposed annexation will not result in the detachment of area from any school district. 4. The area proposed to be annexed comprises more than ten (10) acres; and, therefore Section 31-12-108.5, C.R.S. is required unless waived by the municipality and board of county commissioners. 5. The signature of Petitioner on this Petition comprises one hundred percent (100%) of the landowner of the territory to be included in the area proposed to be annexed and said Petitioner as landowner by attesting to the facts and agreeing to the conditions herein contained will negate the necessity of an annexation election. 6. Petitioner requests that the Town of Snowmass 'Village approve the proposed annexation by ordinance, as permitted by Section 31-12-107(1)(g), C.R.S. when one hundred percent (100%) of the owners of the area have petitioned for such annexation; and the notarized acknowledgement of execution hereof by Petitioner who is also the circulator hereof satisfies the affidavit requirements of 31-12-107(1)(c)(IX) The mailing address of the owner of the proposed area of annexation is: Clear W Ranch, LLC c/o Oates, Knezevich, Gardenswartz & Kelly, P.C. Attn: Leonard M. Oates 533 E. Hopkins Ave., 3rd Floor Aspen, CO 81611 8. Accompanying this petition as Exhibit B are four prints of the annexation map containing: (a) a written legal description of the boundaries of the area proposed to be annexed; and (b) a depiction of (1) the boundary of the area proposed to be annexed, (2) the municipal boundaries of the Town of Snowmass Village, and (3) the dimensions of the contiguous portions of these boundaries as required per 31-12-107(1)(d), C.R.S. 9. The territory to be annexed is not presently a part of any incorporated city, city and county, or town. ) ,S r C Date f V1G.A . 2013 �1 STATE OF '_' ( } ) ss. COUNTY OF ) CLEAR W RANCH, LLC $u Jeff R l,,s Lithozed Signatory The foregoing instrument was acknowledged before me this `` day of 2013 by Jeff Ruhl as Authorized Signatory of Clear W Rancb, LLC. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: MADELINE LOUISE CEVAS00 Notary Public - State of Florida My Comm. 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I � ' � � � � -I�fal� ~.^I I G�..I�...i_ ,... ,. .f. c!. z.11 n:.I f i h� n C !G c 5 qp Ag g ryr41�IGtt6 � i t fir- Y pgI 801 4�i5r55�;�SY� RPh � 3 bn �� ❑ Y K IM 88iP p� sF E iF g i , pR E ISS Es �2F°-a 5R4 Qap I i t G Alp°fc6,y c a p�i °G s a 46 Ei yz t�� k. t 6,� �- Ct �� PRE -ANNEXATION AGREEMENT REGARDING POPISH VALLEY "'TIS PRE -ANNEXATION AGREEMENT ("Agreement") is entered into and made on , 2013, by and between the Town of Snowmass Village, a Colorado municipal corporation (the "Town"), whose address is 16 Kearns Road, Snowmass Village, Colorado 81615 and CLEAR W RANCH, LLC a Nevada limited liability company ("Landowner") whose address is c/oOates, Knezevich, Gardenswartz, Kelly & Morrow, P.C., 533 E. Hopkins Ave., 3ra Floor, Aspen, CO 81611. This Agreement shall become effective following execution by Landowner and upon approval by the Town Council, of the Town of Snowmass Village ("Town Council") evidenced by a duly approved resolution and by the execution of the Agreement by either the Town Manager, Mayor, or Mayor Pro -Tem. RECITALS AND REPRESENTATIONS WHEREAS, the Town and Landowner desire to enter into this Agreement for the convenience of the parties; and WHEREAS, Landowner represents that it is the sole owner of the real property described in Exhibit "A" attached hereto, consisting of 275 acres, more or less, hereinafter referred to as the "Property Proposed to be Annexed" free and clear of all liens and encumbrances; and WHEREAS, the boundary of the Property Proposed to be Annexed is more than one sixth (1/6) contiguous with the existing Town boundaries and is otherwise eligible to be annexed into the municipal boundaries of the Town in accordance with the Colorado Municipal Annexation Act of 1965, as amended, C.R.S. Sections 31-12-101, et sec,.; and WHEREAS, the Property Proposed to be Annexed lies adjacent to a parcel of land in the Snowmass Creek Drainage proposed by the Landowner to remain in unincorporated Pitkin County (the "Conservation Easement Land") to be subject to a Conservation Easement granted by Landowner to Pitkin County, Colorado prior to or contemporaneously with the completion of the annexation, the form of which Conservation Easement the Landowner represents has been agreed upon by the Landowner and Pitkin County, Colorado ("Conservation Easement"). The Property Proposed to be Annexed and the Conservation Easement Land will be subdivided prior to or contemporaneously with the completion of the annexation by a so-called Senate Bill 35 exemption plat to create the two (2) parcels. WHEREAS, the Town and Landowner believe that it is in the best interests of the citizens of the Town and Landowner that the development of the Property Proposed to be Annexed and the use and development thereof be cooperatively planned by the parties; and WHEREAS, the Development Plan described in this Agreement and the rights granted to the Landowner hereby will assist in a reduction in free-market residential density below that which might otherwise be likely to be developed on the Property Proposed to be Annexed, thus fulfilling high priority goals of the Town; WHEREAS, the Property Proposed to be Annexed has already been subject to extensive land use and environmental reviews conducted by Pitkin County. Said reviews resulted in the granting of Activity Envelope and Site Plan approvals, as wells as Growth Management Quota System ("GMQS") Exemptions for Replacement of Residential Floor Area and the development of barns (collectively "Approvals"). The Landowner and the Town agree that many of the terms and conditions of the Approvals shall be retained by the Town once the property has been annexed; WHEREAS, the conservation of the Conservation Easement Land will conserve additional property in unincorporated Pitkin County abutting and lying adjacent to the Town, a benefit to the Town and to Pitkin County due to the unique lands, wildlife habitat, drainages and stream corridors, sensitive hillsides, important view corridors and other significant natural features of the Conservation Easement Land; WHEREAS, the Landowner and the Town desire to annex the Property Proposed to be Annexed into the municipal boundaries of the Town on condition that all of the terms and conditions of this Agreement are met; and WHEREAS, the Landowner desires to submit for consideration the Development Plan and application described herein to the Town's Community Development Department for processing pursuant to the Town of Snowmass Village Land Use Code (the "Land Use Code"); and WHEREAS, the Property Proposed to be Annexed shall be incorporated into Wildcat Ranch Planned Unit Development ("Wildcat Ranch PUD") and governed by the Wildcat Ranch Association, a pre-existing common interested community located within the incorporated Town, which has consented to the Petition for Annexation; and WHEREAS, the parties hereto desire to condition the annexation proposed herein and the execution of the development plan as described herein on the granting of all requisite land use approvals and the grant of the Conservation Easement, following public input and comment, consistent with the Land Use Code; and WHEREAS, the Town, as a municipality of the State of Colorado, is authorized to enter into this Agreement pursuant to C.R.S. Section 31-12-121; and WHEREAS, Landowner is, in accordance with C.R.S. Section 31-12-102, legally capable of submitting a Petition to Annex in a form substantially the same as Exhibit "B" appended hereto and has submitted such a Petition. NOW, THEREFORE, in consideration of the mutual covenants contained herein, IT IS AGREED AS FOLLOWS: SECTION 1 THE DEVELOPMENT PLAN (a) The parties agree that the Development Plan contained in Exhibit "C" ("The Development Plan") constitutes the desired result of this Agreement as it sets forth the best land use for the Property Proposed to be Annexed and is in the best interest of the Town. The parties believe that the Development Plan as set forth in Exhibit "C" is consistent with the Land Use Code, prior approvals granted by the Town for the Wildcat Subdivision, previous actions/approvals granted by Pitkin County for the Property Proposed to be Annexed, and is in the best interest of the public health, safety and welfare, especially when considered together with the public benefits to be realized in association with the proposed annexation. (b) The Development Plan anticipates and it is of the essence of this Agreement that the development rights and restrictions set forth below in this Agreement and in Exhibit "C" of this Agreement shall be applied for by Landowner (and by the Town, where applicable) to the Town's Community Development Department pursuant to and consistent with the standards and procedures set forth in the Land Use Code. (c) In the event that by December 31, 2013, or such later date as may be mutually agreed upon by the parties hereto, the Town Council does not approve the Land -Use Application described below in Section 2 with terms and conditions consistent with this Agreement and other conditions reasonably acceptable to Landowner, this Agreement shall be deemed null and void. (d) No later than thirty (30) days following execution of this Agreement by the parties, the Landowner shall, in order to establish a basis for finalizing the annexation of the Property Proposed to be Annexed, submit a land -use application under the relevant provisions of the Land -Use Code (the "Land Use Application"). It is presently anticipated that the Application will include a minor amendment to the Wildcat Ranch PUD, a plat amendment to the Wildcat Ranch Subdivision Plat and a request to zone the Property Proposed to be Annexed to Estate Residential with a Planned Unit Development (PUD) overlay (EST/PUD). (e) Upon the Town's approval of the Land -Use Application on terms acceptable to the Landowner and consistent with all elements of this Agreement, the annexation and zoning of the Property Proposed to be Annexed shall be completed contemporaneously therewith. SECTION 2 ZONING & LAND USE FOR THE PROPERTY PROPOSED FOR ANNEXATION (a) Subject to all applicable processes and approvals, the Property Proposed to be Annexed, at the time of annexation, initially be zoned Estate Residential ("EST"), as defined at § 16-A-3-40-(i)e of the Land Use Code with a Planned Unit Development ("PUD") overlay, pursuant § 16A-3-300, et seq., with the intent that the Property Proposed to be Annexed have the same development entitlements as those permitted for other parcels located in Wildcat Ranch ("Wildcat Ranch") previously annexed by the Town ("Wildcat Ranch Approvals"), with appropriate amendments as outlined in Exhibit "C" of this Agreement. (b) In 1994, the Town annexed Wildcat Ranch pursuant to Ordinance No. 10, Series of 1994. Contemporaneously with the Wildcat Ranch Approvals, the Town retained the prior Pitkin County approvals and rezoned Wildcat Ranch to PUD and adopted a site-specific development plan. These development entitlements, with appropriate amendments, are incorporated in the Development Plan as set forth in Exhibit "C." (c) The Approvals granted by Pitkin County for the Property Proposed to be Annexed as contained in Pitkin County Administrative Decision No. 39-2010 (recorded at Reception No. 571753; hereinafter "the Decision") and as further memorialized on the "Clear W Ranch, LLC Activity Envelope And Site Plan" (recorded in Book 94 at Page 6; hereinafter "the Activity Envelope Plan") were the result of extensive land use and environmental reviews. The terms, conditions, and limitations of the Decision and the Activity Envelope Plan will be carried forward as terms of the Pre -Annexation Agreement and subsequent land use approvals to be granted by the Town as incorporated in the Development Plan as set forth in Exhibit "C." (d) The rezoning of the Property Proposed to be Annexed to EST/PUD under the terms of the Development Plan set forth in Exhibit "C" and granting a minor amendment to the Wildcat Ranch PUD is appropriate and consistent with previous actions of the Town and Pitkin County as well as with the Town's goal of responsible stewardship of the environment by avoiding habitat areas and clustering development in previously disturbed areas. SECTION 3 NO FURTHER SUBDIVISION After approval of the Land Use Application and completion of the annexation, no further subdivision of the Property Proposed to be Annexed shall be permitted. SECTION 4 IMPACT OFFSET The Landowner acknowledges that annexation to the Town will cause certain financial impacts, including, without limitation the need for police, and access to other services of the Town. The Landowner further acknowledges affordable housing mitigation is required by the Town. As a consequence thereof in order to mitigate or offset such impacts, the Landowner agrees as follows: (a) To pay the Town at such time as the annexation shall be final and non -appealable the cash sum of $250,000 to offset any financial impacts of the annexation of the Property to be Annexed. (b) To pay the Town a fee in -lieu of all employee housing requirements in the amount of $94,175, the amount equal to that required for a 15,000 square foot single-family residence in unincorporated Pitkin County. SECTION 5 SCHEDULE FOR ANNEXATION a. Upon execution by the parties of this Agreement, Landowner shall, at its cost, prepare an Annexation map of the Property Proposed to be Annexed and an amended plat of the Wildcat Ranch PUD. b. Landowners have executed the Petition to Annex appended hereto as Exhibit "B". Said Petition shall be conditional upon the terms and conditions of this Agreement C. The Landowner shall prepare, at its cost, all requisite documents and applications necessary to annex the Property Proposed to be Annexed. d. Landowner shall prepare and file, at its cost, the Land -Use Application. e. The Town shall initiate review of the Annexation Petition and the Land Use Application in accordance with the Town's Land Use Code. f. Upon the granting of the requisite land use approvals for the Land -Use Application by the Town Council, evidenced by the adoption of an appropriate Ordinance (conditional upon annexation of the Property Proposed for Annexation) that is consistent with the Development Plan, the Town shall annex the Property Proposed to be Annexed into the municipal boundaries of the Town. g. Landowner and the Town shall execute at the conclusion of the Appeal Period (as defined at Section 8(n), below of this Agreement) following the date of annexation, the recorded documents which incorporate the terms and conditions of the Development Plan as finally approved by the issuance of a development order. The recorded documents shall include the Town's standard terms and conditions relating to plats, and other similar matters normally and routinely included in similar agreements, except to the extent that such matters are specifically addressed otherwise in this Agreement, the development order or the zoning for the Property Proposed to be Annexed. SECTION 6 DEVIATIONS FROM THE TOWN CODE (a) Access to the Property Proposed to be Annexed is via the Wildcat Ranch. Road maintenance is provided by Wildcat Ranch, a service for which the Landowner already pays an annual maintenance fee. A gate currently exists to access Wildcat Ranch and the Landowner may install a gate at the entrance of the Property Proposed to be Annexed. (b) The Property Proposed to be Annexed is exempt from Ridgeline Protection and Scenic Review as it is not visible from Snowmass Creek Road or any other road in the Town's or County's jurisdiction, including but not limited to, Brush Creek Road, Owl Creek Road and the Town Community Park. (c) The Approvals by Pitkin County adequately addressed wildlife impacts of the development and no further Wildlife Habitat Review is required. (d) The Town agrees to adopt the Approvals of Pitkin County, along with the conditions and restrictions, relative to land use of the Property Proposed to be Annexed, consisting of BOCC Resolution No. 104-2007, removing the Property Proposed to be Annexed from the Snowmass-Capitol Creek Caucus Area, attached herein as Exhibit "D"; and Administrative Decision No. 39-2010 granting Activity Envelope and Site Plan Review, as well as GMQS Exemptions, as amended and attached herein as part of Exhibit "E." It is recognized and acknowledged that the area of the Development Activity Envelope exceeds the 2 -acre limitation for an activity envelope in the EST Zone District, (e) The Town agrees that, due to the size of the Property Proposed to be Annexed, allowing the Development Activity Envelope size and development of the Property Proposed to be Annexed consistent with the terms of the Development Plan outlined in Exhibit "C" is appropriate. (f) The Landowner is requesting waivers from the following Land Use Application Submittal Requirements pursuant to Section 15 -5A -50(a)(1) of the Land Use Code: (1) Preliminary Development Plan. The Landowner does not know the proposed dimensions and locations of all buildings. However, except as allowed under the terms of the Wildcat approvals as may be amended in the Development Plan outlined in Exhibit "C", all buildings will be developed within the approved Activity Envelopes. Similarly, the preliminary development plan is supposed to include a chart of proposed land uses by acreage. This "PUD" is a "PUD" in name only. One single- family residence plus accessory uses will be developed on this parcel. Along with a waiver of the Preliminary Development Plan requirement, the Landowner seeks a waiver of the otherwise required acreage chart. (2) Architectural Plans. The Landowner has not yet designed the single-family residence and accessory buildings that will be developed on the property. Architectural plans are not required of the Wildcat lots, and the Property to be Annexed is not visible from off-site. (3) Landscape Plan. The Landowner has not developed a landscape plan, but will do so at the time of building permit submittal. (4) Fiscal Impact Report. There will be no significant fiscal impacts placed upon the Town as a result of development of the Property Proposed to be Annexed, therefore, the Landowner will be exempt from this requirement. (5) Solid Waste Disposal Plan. The Landowner will submit a solid waste disposal plan pursuant the Section 16A -4-230(b) of the Land Use Code at the time the Landowner submits for specific development plan. (6) Energy Conservation Plan. The Landowner will provide an Energy Conservation Plan at the time of building permit submittal, after the Landowner has designed the single-family home and any accessory structure for the Property Proposed to be Annexed. (7) Open Space Map. The Landowner requests a waiver of this requirement because of the dedication of the Conservation Easement Land and the limited extend of the Development Activity Envelope relative to the area of the Property to be Annexed. (8) Water Supply and Sewage Disposal. The Landowner has provided sufficient information regarding the adequacy of the water supply and the feasibility of a septic system, see Exhibits "I"' and "G" attached hereto. The Landowner will provide a more detailed septic report as part of the Town's building permit application process. (9) Clearing, Grading and Drainage Plans. The Landowner requests that detailed plans demonstrating compliance with Town regulations for clearing grading and drainage be provided at the time of building permit submittal. (10) Transportation impact Analysis. As proposed development on the Property to be Annexed does not have any impact on the Town's transportation system, the Landowner seeks a waiver of this requirement. (11) Air Quality Analysis, The Landowner requests a waiver of this requirement as the impact on air quality will be negligible and will not impact the air quality beyond that is associated with a single family lot in Wildcat Ranch. (12) Construction Management Plan. The Landowner seeks a waiver of these requirement until any building permit is submitted for the Property Proposed to be Annexed. (13) The Landowner seeks a waiver of submittal requirements for the following additional reports: Comparison to Sketch Plan, Development in Proximity to the Ski Lift Report, Homeowner's or Condominium Association Documents or Brush Creek Impact Report. SECTION 7 VESTED RIGHTS All the Town's land -use approvals received by Landowner shall vest until June 20, 2024 pursuant to the Wildcat Ranch Approvals, or such longer time as may be allowed under any applicable law, regulation or court decision. Such vesting shall apply to all the rights and entitlements set forth in this Agreement and the final development order for the Property Proposed to be Annexed; and, as a condition of the annexation of the Property Proposed to be Annexed, the parties shall enter into a development agreement that sets forth the requisite findings to support this period of vested rights in accordance with 24-68-104(2), C.R.S. SECTION 8 TOWN'S OBLIGATION WITH RESPECT TO ANNEXATION The Town agrees to annex the Property Proposed to be Annexed provided all of the terms and conditions of this Agreement are met. The parties acknowledge that annexation, minor PUD amendment to the Wildcat Ranch PUD and zoning are subject to the plenary legislative discretion of the Town Council and that certain rights of referendum and initiative are reserved unto its citizens. Notwithstanding any language to the contrary contained in this Agreement, no assurances of annexation, approval of a minor PUD amendment to the Wildcat Ranch PUD or zoning have been made or relied upon by the Landowner. Further, it shall be a condition hereof that Pitkin County not object to the annexation pursuant to 31-12-101, et seq., C.R.S. and shall waive the necessity of an Annexation Impact Report as permitted by 31-12-108, C.R.S. SECTION 9 MISCELLANEOUS (a) Waiver. A waiver by any party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. (b) Binding Effect. The parties hereto agree that this Agreement, by its terms, shall be binding upon the parties hereto, their successors, and assigns, and unless terminated prior to the completion of the annexation of the Property Proposed to be Annexed, shall constitute Covenants running with the Property Proposed to be Annexed and the Conservation Easement Land. In the event that all or part of either the Property Proposed to be Annexed or the Conservation Easement Land are sold, transferred, or otherwise conveyed to additional or multiple parties, all owners shall be jointly and severally responsible for all terms, conditions, and obligations set forth hi this Agreement. (c) Third Party Beneficiary; Limitation. Pitkin County, Colorado shall be a third parry beneficiary hereof limited to the obligation of the Landowner to grant the Conservation Easement on the Conservation Easement Land. It is expressly understood and agreed that except as provided in the sentence immediately preceding enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Town and Landowner and nothing contained in this Agreement shall give or allow any such claim or right of action by any other third person on such Agreement. It is the express intention of the Town and Landowner that any person other than the Town, or Landowner who receives services or benefits under this Agreement shall be deemed to be an incidental beneficiary only, (d) Governing Law. This Agreement shall be governed by the laws of the State of Colorado. The parties agree and acknowledge that this Agreement may be enforced at law or in equity as a contractual obligation. This Agreement is intended to provide a contractual relationship between the Town and the Landowner to ensure compliance with all rights and requirements contained herein. In addition to any other available remedies, it is understood and agreed that the Town may withhold or revoke any permits or certificates, including but not limited to building permits and certificates of occupancy, for the Property Proposed to be Annexed in the event of a breach of this Agreement by the Landowner. The prevailing parry in any litigation between Landowner and the Town concerning this Agreement shall be entitled to an award of its attorney fees and costs. (e) Additional Documents. The parties agree to execute any additional documents or take any additional action that is necessary to carry out this Agreement (f) Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. (g) Captions. The captions of the paragraphs are set forth only for the convenience and reference of the parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. (h) Integration/Amendment. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. Only an instrument in writing signed by the parties may amend this Agreement. (i) Assignment. Subject to Subsection (b) of this Section 7, all or part of the rights, obligations or responsibilities set forth in this Agreement may be assigned by Landowner to an entity in which Landowner or their affiliates have an interest, without requiring the consent of the Town. 0) Invalidation. Invalidation of any of the provisions of this Agreement Or any paragraph sentence, clause, phrase, or word herein or the application thereof in any given circumstance shall not affect the validity of any other provision of this Agreement, except that if such invalidation diminishes the rights of Landowner, Landowner may elect to terminate this Agreement and render it null and void. (k) Recording. The Town shall record this Agreement with the Clerk and Recorder's Office of Pitkin County. Landowner shall pay the reasonable cost of recordation of this Agreement. The terms, conditions, rights and benefits of this Agreement shall run with title to the land. (1) Exhibits. Unless otherwise stated in this Agreement, Exhibits referenced in this Agreement shall be incorporated into this Agreement for all purposes. (m) Annexation. Subject to the conditions hereof, in the event that any person, corporation, special district, municipal or county government, or any other entity or person asserts any claim against the Town, its officials, or employees pursuant to the provisions of the Colorado Municipal Annexation Act, § 31-12-101 C.R.S. et seq., or asserts any other claim, based on any theory of law whatsoever, challenging the rezoning and development of the Property Proposed to be Annexed, or the approval of the Development Plan as contemplated by this Agreement, the Town shall vigorously defend against such an action and may consent to and permit the entry by the court of an order voiding the annexation or reach another means of settlement of claims, provided that no consent to an order voiding the annexation or settlement which adversely affects Landowner's rights hereunder or under any development approvals contemplated hereby, shall be entered into without Landowner's written consent The Town's defense of any such action(s) shall also include the vigorous defense, at its sole cost of the interests of Landowner. If, by reason of such suit, this Agreement is found to be void or unenforceable, then as between the Town and Landowner, this Agreement shall become null and void, and if at such time the annexation of the Property to be Annexed has already occurred, the Town shall, upon a petition for de -annexation submitted by Landowner, approve the de - annexation. (n) Appeal Period. Any time period established by this Agreement upon one or the other parry to take any action shall be suspended until the expiration of any jurisdictional appeal time for the initiation of a judicial challenge to any action taken by the Town or the time permitted for the initiation of an initiative or referendum challenge. If the annexation of the Property Proposed to be Annexed, any requisite land use approval, or any action required by the Town is challenged by a referendum or initiative, or is subjected to a judicial court proceeding, all provisions of this Agreement, together with the duties and obligations of each party, shall be suspended pending the outcome of the election or court proceeding (including any appeals). If the referendum, initiative, or court challenge results in disconnection of the Property Proposed to be Annexed from the Town, then this Agreement shall be null and void and of no further effect. If the referendum, initiative, or court challenge fails, then the parties shall continue to be bound by all of the terms and provisions of this Agreement and any other agreements made in connection therewith. TOWN S V AGE, a municipal corporation: By es se.dj rs rr2s ! raw n N1apta yi.- Name Title A APP OVZS TQ FORM: Town Clerk �f Town Attorney CLEAR W RANCH. kf-C UZ Jeff 10 STATE OF COLORADO ) )ss. COUNTY OF PITKIN Acknowledged before me this IV- day of fA a e- C, 2013, by o 5s. e i I Forre-tsf as TO V A ACM of the Town of Snowmass Village, Colorado. Witness my hand and official seal. My commission expires: q-17-aD4 STATE OF )ss. COUNTY OF WA ) Acknowledged before me this Zo day of 2013, by as of Clear W Ranch, LLC. Witness my hand and official seal. My commission expires: �4x L NdVry�Jbff F; y py'6' VIVIANA M. LANG Notary Public - State of Florida MY COMm Expires Oct 14, 2014 C OMMIss'On # EE 34616 IE E