MATCHLINE SEE SHEET 5 TRACT A 76 SEE SHEET 9 FOR LINE AND CURVE TABLES MATCHLINE SEE SHEET 5 TRACT A TRACT A MATCHLINE SEE SHEET 7 TRACT C

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1 MATCHLINE SEE SHEET TRACT A SEE SHEET 9 FOR LINE AND CURVE TABLES 75 MATCHLINE SEE SHEET 5 MATCHLINE SEE SHEET TRACT C TRACT A TRACT A 86 MATCHLINE SEE SHEET East Mineral Ave., Suite 1 Littleton, Colorado Phone: (303) Consultants, inc. Fax: (303) AzTecwww.aztecconsultants.com City Council Packet Page 171 of 232

2 MATCHLINE SEE SHEET MATCHLINE SEE SHEET MATCHLINE SEE SHEET 4 TRACT B TRACT A 93 SEE SHEET 9 FOR LINE AND CURVE TABLES TRACT C SEE SHEET 8 MATCHLINE SEE SHEET 8 MATCHLINE 300 East Mineral Ave., Suite 1 Littleton, Colorado Phone: (303) Consultants, inc. Fax: (303) AzTecwww.aztecconsultants.com City Council Packet Page 172 of 232

3 27 28 MATCHLINE SEE SHEET 7 28 TRACT C MATCHLINE SEE SHEET SEE SHEET 9 FOR LINE AND CURVE TABLES SEE SHEET 2 FOR TRACT B DIMENSIONS TRACT B East Mineral Ave., Suite 1 Littleton, Colorado Phone: (303) Consultants, inc. Fax: (303) AzTecwww.aztecconsultants.com City Council Packet Page 173 of 232

4 300 East Mineral Ave., Suite 1 Littleton, Colorado Phone: (303) Consultants, inc. Fax: (303) AzTecwww.aztecconsultants.com City Council Packet Page 174 of 232

5 City of Castle Pines, Colorado COUNCIL COMMUNICATION MEMORANDUM TO: FROM: Honorable Mayor Radloff and Members of City Council Sam Bishop, Community Development Director DATE: March 26, 2019 SUBJECT: Agenda Item 7(b) Ordinance No FIRST READING The Canyons Planned Development, 1 st Major Amendment, Case No. ZR Agenda Item 7(c) Ordinance No FIRST READING First Amendment to The Canyons Annexation and Development Agreement Agenda Item 7(d) Ordinance No FIRST READING Extending Vested Property Rights Associated with a 1 st Amendment to the Canyons Planned Development and a 1 st Amendment to the Canyons Annexation and Development Agreement Pursuant to C.R.S. Section , ET SEQ. STATEMENT OF ISSUE: Ordinance 19-01, and are scheduled for first reading on March 26, 2019, with a second reading and public hearings scheduled on April 9, Ordinance No seeks to amend Planning Areas 1, 2, and 3 of The Canyons Planned Development to allow for an additional 1,000 multifamily residential units and to increase and modify land dedications associated with such rezoning. Amending The Canyons Planned Development is considered a rezoning and is subject to approval by ordinance. Ordinance approves a first amendment ( First Amendment ) to the Canyons Annexation and Development Agreement ( Agreement ) to address the increase in residential units, revenue sharing, and land dedication requirements. As contemplated under the Agreement, the applicant also seeks to extend vested property rights to the rezoning application and the First Amendment via Ordinance DISCUSSION: The purpose of first reading is to move the applications forward for public hearing and final consideration, at which time the applicant and members of the public will be able to provide testimony and present evidence on the proposed annexation and zoning. City Council s approval on first reading of the abovereferenced Ordinances does not indicate Council s approval or denial of the proposal. Rather, by approving the Ordinance on first reading, City Council is allowing the applicant to present its request to City Council at a future duly noticed public hearing, April 9, Because there is no public hearing scheduled for the March 26 th Council meeting, it is recommended that Council avoid seeking public input or asking extensive comments of staff on first reading of the Ordinances. City staff will present a complete and comprehensive staff report, recommendation, and associated application documents at the public hearing, on second reading of the Ordinances. City Council will have a full opportunity to consider the request following the public hearing on second reading City Council 1 Packet Page 175 of 232

6 RECOMMENDED MOTIONS: City staff recommends City Council approve Ordinance 19-01, and on first reading in order to consider these applications at a duly noticed public hearing on second reading. The following motions are suggested: I MOVE TO ADOPT ORDINANCE NO , ON FIRST READING, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES APPROVING THE CANYONS PLANNED DEVELOPMENT, FIRST MAJOR AMENDMENT, CASE NO. ZR18-002, AND AMENDING THE OFFICIAL ZONING MAP. I MOVE TO ADOPT ORDINANCE NO , ON FIRST READING, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES APPROVING A FIRST AMENDMENT TO THE CANYONS ANNEXATION AND DEVELOPMENT AGREEMENT I MOVE TO ADOPT ORDINANCE NO , ON FIRST READING, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES EXTENDING VESTED PROPERTY RIGHTS ASSOCIATED WITH A FIRST AMENDMENT TO THE CANYONS PLANNED DEVELOPMENT AND A FIRST AMENDMENT TO THE CANYONS ANNEXATION AND DEVELOPMENT AGREEMENT PURSUANT TO C.R.S. SECTION , ET SEQ City Council 2 Packet Page 176 of 232

7 ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES, COLORADO APPROVING THE CANYONS PLANNED DEVELOPMENT PLAN, FIRST AMENDMENT, CASE NO. ZR , AND AMENDING THE OFFICIAL ZONING MAP WHEREAS, the Canyons property consists of approximately 3,342 acres and is generally located in the southeast quadrant of Interstate I-25 and Hess Road ( Canyons Property ); and WHEREAS, in 2009, the then owners of the Canyons Property, North Canyons LLLP, a Colorado limited liability limited partnership ( Owner ), and Judge Inc., a Colorado corporation ( Judge ), petitioned the City of Castle Pines to annex and zone the Canyons Property; and WHEREAS, the City annexed and approved initial zoning of the Canyons Property through the Canyons Planned Development ( Canyons PD ); the Canyons PD was approved via Ordinance No ; and WHEREAS, in connection with annexation of the Canyons Property, the Owner, Judge, Canyons Metropolitan District No. 1, a quasi-municipal corporation and political subdivision of the State of Colorado, and the City entered into that certain Annexation and Development Agreement dated October 22, 2009 ( Development Agreement ); and WHEREAS, since 2009, portions of the Canyons Property have been sold, further subdivided and are in process of development for detached and attached single family residences; and WHEREAS, in 2011, Judge conveyed all of its interest in the Canyons Property to the Owner; and WHEREAS, the Owner has requested rezoning to allow for an additional 1,000 multifamily residential units within Planning Areas 1, 2, and 3 along with increases and modifications to land dedication requirements, for that portion of the Canyons Property legally described in Exhibit A ( North Canyons Property ), attached hereto and incorporated herein; and WHEREAS, such rezoning request is accompanied by a PD plan exhibit (the First Amended PD Plan ) on file in the Castle Pines Community Development Department; and WHEREAS, the Planning Commission has considered the First Amended PD Plan during a duly noticed public hearing; and WHEREAS, public notice has been properly given of such proposed rezoning of the Property in accordance with the City of Castle Pines Zoning Ordinance ( Zoning Ordinance ); and City Council Packet Page 177 of 232

8 City of Castle Pines Ordinance No WHEREAS, in accordance with the Zoning Ordinance, a public hearing was held before the City Council at which time evidence and testimony were presented to the City Council concerning said zoning proposal; and WHEREAS, the legislative record for this case includes, but is not limited to, the Zoning Ordinance, City of Castle Pines 2016 Comprehensive Plan, and all other applicable ordinances, resolutions and regulations, together with the First Amended PD Plan and accompanying maps, reports, studies and all other submittals of the Applicant, any written evidence or correspondence submitted at the public hearing, and the staff report pertaining to this application; and WHEREAS, pursuant to Article 23 of Title 31, C.R.S., as amended, City Council has determined that the proposed rezoning of the North Canyons Property, subject to the conditions set forth herein, furthers the public health, safety, convenience and general welfare of the community; meets the criteria of approval set forth in Section 15 of the Zoning Ordinance; is generally in conformance with the City s 2016 Comprehensive Plan; is compatible with surrounding uses; and otherwise meets the applicable criteria set forth in the Zoning Ordinance. NOW, THERFORE, BE IT ORDAINED by the City Council of the City of Castle Pines, Colorado: Section 1. The recitals contained above are incorporated herein by reference and are adopted as findings and determinations of the City Council. Section 2. The City Council hereby approves rezoning of the North Canyons Property to allow for up to 1,000 multi-family residential units in Planning Areas 1, 2, and 3 of the Canyons PD which shall be in addition to the 2,500 residential units approved through the Canyons PD, subject to and in accordance with the terms and conditions of the Canyons PD Plan, the Development Agreement (as amended), and the First Amended PD Plan. Section 3. The Zoning Map of the City of Castle Pines shall be amended to conform to and incorporate the First Amended PD Plan. Section 4. Effective Date. Except as otherwise expressly provided herein, this Ordinance shall become effective thirty (30) days after final publication. INTRODUCED, READ, AND PASSED ON FIRST READING, AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES, COLORADO the day of, READ, PASSED, AND ADOPTED ON SECOND READING, AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES, COLORADO the day of, City Council Packet Page 178 of 232

9 City of Castle Pines Ordinance No Tera Stave Radloff, Mayor ATTEST: Approved as to form: Tobi Basile, City Clerk Linda C. Michow, City Attorney CERTIFICATION OF PUBLICATION I hereby attest and certify that the within and foregoing Ordinance was introduced and read on first reading at a noticed public hearing of the Castle Pines City Council on, 2019; published by reference by title only in the Douglas County News-Press, together with the statement that [t]he complete text of all ordinances is available through the City Offices and on the City s official website ; and finally passed and adopted by the City Council on, 2019 following a duly noticed public hearing and ordered published by title only, with amendments if any, one time in the Douglas County News-Press on, ATTEST: Tobi Basile, City Clerk City Council Packet Page 179 of 232

10 City of Castle Pines Ordinance No Exhibit A Legal Description of North Canyons Property PARCELS OF LAND BEING A PORTION OF THE CANYONS SUPERBLOCK PLAT NO. 2, A SUBDIVISION PLAT RECORDED AT RECEPTION NO IN THE RECORDS OF THE DOUGLAS COUNTY CLERK AND RECORDER'S OFFICE, LOCATED WITHIN SECTIONS 2, 3, 10, 11, 14, AND 15, TOWNSHIP 7 SOUTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF CASTLE PINES, COUNTY OF DOUGLAS, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCELS 1, 2, 3, 4 AND 5, INCLUSIVE, THE CANYONS SUPERBLOCK PLAT NO. 2, A SUBDIVISION PLAT RECORDED AT RECEPTION NO IN THE RECORDS OF THE DOUGLAS COUNTY CLERK AND RECORDER'S OFFICE City Council Packet Page 180 of 232

11 ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES, COLORADO APPROVING A FIRST AMENDMENT TO THE CANYONS ANNEXATION AND DEVELOPMENT AGREEMENT WHEREAS, the Canyons property consists of approximately 3,342 acres and is generally located in the southeast quadrant of Interstate I-25 and Hess Road ( Canyons Property ); and WHEREAS, in 2009, the then owners of the Canyons Property, North Canyons LLLP, a Colorado limited liability limited partnership ( Owner ), and Judge Inc., a Colorado corporation ( Judge ), petitioned the City of Castle Pines to annex and zone the Canyons Property; and WHEREAS, the City annexed and approved initial zoning of the Canyons Property through the Canyons Planned Development ( Canyons PD ); the Canyons PD was approved via Ordinance No ; and WHEREAS, in connection with annexation of the Canyons Property, the Owner, Judge, Canyons Metropolitan District No. 1, a quasi-municipal corporation and political subdivision of the State of Colorado, and the City entered into that certain Annexation and Development Agreement dated October 22, 2009 ( Development Agreement ); and WHEREAS, since 2009, portions of the Canyons Property have been sold, further subdivided and are in process of development for detached and attached single family residences; and WHEREAS, in 2011, Judge conveyed all of its interest in the Canyons Property to the Owner; and WHEREAS, the Owner has requested rezoning to allow for an additional 1,000 multifamily residential units within Planning Areas 1, 2, and 3 and increase and/or modify land dedication requirements, for that portion of the Canyons Property legally described in Exhibit A ( North Canyons Property ), attached hereto and incorporated herein; and WHEREAS, such rezoning request is accompanied by a PD plan exhibit (the First Amended PD Plan ) on file in the Castle Pines Community Development Department; and WHEREAS, in conjunction with its rezoning application, the Owner and the City have negotiated a first amendment to the Development Agreement to establish the scope of permissions and entitlements associated with approval of the rezoning and the First Amended PD Plan, the requirements for additional and relocated public land dedications, vesting of property rights, and public improvement revenue sharing ( First Amended Development Agreement ); and WHEREAS, a copy of the First Amended Development Agreement is on file in the Castle City Council Packet Page 181 of 232

12 City of Castle Pines Ordinance No Pines Community Development Department and is incorporated herein by reference. NOW, THERFORE, BE IT ORDAINED by the City Council of the City of Castle Pines, Colorado: Section 1. The recitals contained above are incorporated herein by reference and are adopted as findings and determinations of the City Council. Section 2. The City of Castle Pines City Council hereby approves the First Amended Development Agreement with Canyons North LLP. Section 3. Effective Date. Except as otherwise expressly provided herein, this Ordinance shall become effective thirty (30) days after final publication. INTRODUCED, READ, AND PASSED ON FIRST READING, AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES, COLORADO the day of, READ, PASSED, AND ADOPTED ON SECOND READING, AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES, COLORADO the day of, Tera Stave Radloff, Mayor ATTEST: Approved as to form: Tobi Basile, City Clerk Linda C. Michow, City Attorney CERTIFICATION OF PUBLICATION I hereby attest and certify that the within and foregoing Ordinance was introduced and read on first reading on, 2019; published by reference by title only in the Douglas County News-Press, together with the statement that [t]he complete text of all ordinances is available through the City Offices and on the City s official website ; and finally passed and adopted by the City Council on, 2019 at a duly noticed public meeting and ordered published by title only, with amendments if any, one time in the Douglas County News-Press on, City Council Packet Page 182 of 232

13 City of Castle Pines Ordinance No ATTEST: Tobi Basile, City Clerk City Council Packet Page 183 of 232

14 City of Castle Pines Ordinance No Exhibit A Legal Description of North Canyons Property PARCELS OF LAND BEING A PORTION OF THE CANYONS SUPERBLOCK PLAT NO. 2, A SUBDIVISION PLAT RECORDED AT RECEPTION NO IN THE RECORDS OF THE DOUGLAS COUNTY CLERK AND RECORDER'S OFFICE, LOCATED WITHIN SECTIONS 2, 3, 10, 11, 14, AND 15, TOWNSHIP 7 SOUTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF CASTLE PINES, COUNTY OF DOUGLAS, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCELS 1, 2, 3, 4 AND 5, INCLUSIVE, THE CANYONS SUPERBLOCK PLAT NO. 2, A SUBDIVISION PLAT RECORDED AT RECEPTION NO IN THE RECORDS OF THE DOUGLAS COUNTY CLERK AND RECORDER'S OFFICE City Council Packet Page 184 of 232

15 ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES, COLORADO EXTENDING VESTED PROPERTY RIGHTS ASSOCIATED WITH A FIRST AMENDMENT TO THE CANYONS PLANNED DEVELOPMENT AND A FIRST AMENDMENT TO THE CANYONS ANNEXATION AND DEVELOPMENT AGREEMENT PURSUANT TO C.R.S. SECTION , ET SEQ. WHEREAS, the Canyons property consists of approximately 3,342 acres and is generally located in the southeast quadrant of Interstate I-25 and Hess Road ( Canyons Property ); and WHEREAS, in 2009, the City of Castle Pines ( City ) annexed the Canyons Property, and approved initial zoning through the Canyons Planned Development ( Canyons PD ) via Ordinance No ; and WHEREAS, in connection with annexation of the Canyons Property, North Canyons LLLP, a Colorado limited liability limited partnership ( Owner ), Judge Inc., a Colorado corporation ( Judge ), Canyons Metropolitan District No. 1, a quasi-municipal corporation and political subdivision of the State of Colorado, and the City entered into that certain Annexation and Development Agreement dated October 22, 2009 ( Agreement ); and WHEREAS, since 2009, portions of the Canyons Property have been sold, further subdivided and are in process of development for detached and attached single family residences; and WHEREAS, in 2011, Judge conveyed all of its interest in the Canyons Property to the Owner; and WHEREAS, the Owner has requested rezoning to allow for an additional 1,000 multifamily residential units within Planning Areas 1, 2, and 3 and increase and/or modify land dedication requirements, for that portion of the Canyons Property legally described in Exhibit A ( North Canyons Property ), attached hereto and incorporated herein; and WHEREAS, such rezoning request is accompanied by a PD plan exhibit (the First Amended PD Plan ) on file in the Castle Pines Community Development Department; and WHEREAS, in conjunction with its rezoning application, the Owner and the City have negotiated a first amendment to the Development Agreement to establish the scope of permissions and entitlements associated with approval of the rezoning and the First Amended PD Plan, the requirements for additional and relocated public land dedications, vesting of property rights, and public improvement revenue sharing ( First Amended Development Agreement ); and WHEREAS, in accordance with Section 6.3 of the Agreement, the First Amended City Council Packet Page 185 of 232

16 City of Castle Pines Ordinance No Development Agreement and First Amended PD Plan may be processed as a site specific development plan in accordance with Section 34 of the City of Castle Pines Zoning Ordinance ( Zoning Ordinance ) and Section , C.R.S., et seq.; and WHEREAS, the Owner wishes to pursue and obtain vested property rights for the duration of vested rights term set forth in the Agreement through designation of the First Amended PD Plan and First Amended Development Agreement collectively as a Site Specific Development Plan ; and WHEREAS, public notice has been properly given of such proposed Site Specific Development Plan by publication in a newspaper of general circulation within the City of Castle Pines; and WHEREAS, in accordance with the Zoning Ordinance, a public hearing was held before the City Council at which time evidence and testimony were presented to the City Council concerning said Site Specific Development Plan and the request to obtain vested property rights with respect thereto; and WHEREAS, City Council has determined that the First Amended PD Plan and First Amended Development Agreement contain sufficient restrictions and are each sufficiently welldefined to justify vesting of each for a period in excess of three (3) years; and WHEREAS, City Council further finds that the size of the development contemplated under the First Amended Development Agreement and the First Amended PD Plan, the substantial investment and time required to complete the development of the Property, the potential for phased development and the possible impact of economic cycles and varying market conditions during the course of development justify vesting of the First Amended PD Plan and First Amended Development Agreement in excess of three (3) years. NOW, THERFORE, BE IT ORDAINED by the City Council of the City of Castle Pines, Colorado: Section 1. The recitals contained above are incorporated herein by reference and are adopted as findings and determinations of the City Council. Section 2. The City Council hereby approves the First Amended PD Plan and First Amended Development Agreement collectively as a Site Specific Development Plan within the meaning of Section , C.R.S., and Section 34 of the Zoning Ordinance. Section 3. Approval of the Site Specific Development Plan creates vested property rights pursuant to Section , C.R.S., and Section 34 of the Zoning Ordinance and in accordance with and subject to the terms of the Agreement City Council Packet Page 186 of 232

17 City of Castle Pines Ordinance No Section 4. As provided in the Zoning Ordinance, notice of the approval and creation of vested property rights achieved through this Ordinance shall be made by publication by the Owner no later than fourteen days following approval of this Ordinance. Section 5. The vested property rights created by this Ordinance shall be vested and will continue until December 29, Section 6. Severability. Should any one or more sections or provisions of this Ordinance be judicially determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance, the intention being that the various sections and provisions are severable. Section 7. Repeal of Previous Ordinances. Any and all ordinances or codes or parts thereof in conflict or inconsistent herewith are, to the extent of such conflict or inconsistency, hereby repealed; provided, however, that the repeal of any such ordinance or code or part thereof shall not revive any other section or part of any ordinance or code heretofore repealed or superseded and this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the effective date of this Ordinance. Section 8. Effective Date. Except as otherwise expressly provided herein, this Ordinance shall become effective thirty (30) days after final publication. INTRODUCED, READ, AND PASSED ON FIRST READING, AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES, COLORADO the day of, READ, PASSED, AND ADOPTED ON SECOND READING, AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES, COLORADO the day of, Tera Stave Radloff, Mayor ATTEST: Approved as to form: Tobi Basile, City Clerk Linda C. Michow, City Attorney City Council Packet Page 187 of 232

18 City of Castle Pines Ordinance No CERTIFICATION OF PUBLICATION I hereby attest and certify that the within and foregoing Ordinance was introduced and read on first reading on, 2019; published by reference by title only in the Douglas County News-Press, together with the statement that [t]he complete text of all ordinances is available through the City Offices and on the City s official website ; and finally passed and adopted by the City Council on, 2019 following a duly noticed public hearing and ordered published by title only, with amendments if any, one time in the Douglas County News- Press on, ATTEST: Tobi Basile, City Clerk City Council Packet Page 188 of 232

19 City of Castle Pines Ordinance No EXHIBIT A NORTH CANYONS PROPERTY LEGAL DESCRIPTION PARCELS OF LAND BEING A PORTION OF THE CANYONS SUPERBLOCK PLAT NO. 2, A SUBDIVISION PLAT RECORDED AT RECEPTION NO IN THE RECORDS OF THE DOUGLAS COUNTY CLERK AND RECORDER'S OFFICE, LOCATED WITHIN SECTIONS 2, 3, 10, 11, 14, AND 15, TOWNSHIP 7 SOUTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF CASTLE PINES, COUNTY OF DOUGLAS, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCELS 1, 2, 3, 4 AND 5, INCLUSIVE, THE CANYONS SUPERBLOCK PLAT NO. 2, A SUBDIVISION PLAT RECORDED AT RECEPTION NO IN THE RECORDS OF THE DOUGLAS COUNTY CLERK AND RECORDER'S OFFICE City Council Packet Page 189 of 232

20 CITY OF CASTLE PINES 360 VILLAGE SQUARE LANE, SUITE B CASTLE PINES, CO Action Item To: From: Mayor Radloff and Members of City Council Michael Penny, City Manager Date: March 13, 2019 Item: Resolution No , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES, COLORADO APPROVING AN INTERGOVERNMENTAL AGREEMENT CONCERNING THE CITY S PARTICIPATION IN AND FUNDING OF THE DOUGLAS COUNTY YOUTH INITIATIVE PROGRAM Policy Question: Does Council support the implementation and funding of the Douglas County Youth Initiative Program (DCYI)? Background: The DCYI is a collaborative project among Douglas County government, the Douglas County School District, the City of Lone Tree, the Town of Castle Rock, the Town of Parker, the Library District, and the Highlands Ranch Metro District through the Partnership of Douglas County Governments. The initiative is a method of coordinating local youth-serving efforts and assessing the needs of the youngest residents by envisioning a community in which youth are involved, valued, productive, protected and healthy. Programs include the Outstanding Youth Awards, the Youth Congress, and the WrapAround. The vision for the DCYI is: The DCYI envisions a community in which youth are involved, valued, productive, protected and healthy. The mission of the DCYI is: The DCYI mission is to unite the Douglas County community, including youth, parents, agencies, governments, schools, nonprofits and other adults, in our mutual efforts to: Collaborate effectively as a seamless continuum of services. Advocate for system improvements that will better serve youth and families of Douglas County. Support youth and encourage their contributions to the broader community. Effectively intervene with youth who are endangered by their decisions and/or situation. Support and expand opportunities for youth to express viewpoints. Support parents with resources, education and unconditional care. The attached agreement was created in 2016 and has been modified to add the City of Castle Pines. The City has not historically been a formal financial partner on this Intergovernmental Agreement (IGA). Staff Analysis: The DCYI benefits the children of Castle Pines. The financial participation of the City is equal to the other community partners at $19, City Council Packet Page 190 of 232

21 The City s responsibilities, as outlined in the IGA, are: A. The Advisory Board shall be made up of one representative from each participating Party; each funding entity will have representation; and the Advisory Board shall be responsible for the following: (i) Provide feedback into the recruitment, hiring, and evaluation of the Youth Services Program Manager, although the final hiring and any and all other employment-related decisions shall be made by Douglas County in accordance with applicable Douglas County employment procedures and policies. (ii) Act as a regular liaison with the agencies they represent. (iii) Provide oversight and direction for the Program, on behalf of their constituents. (iv) Participate with the Parties in the annual evaluation of the Program. B. The Parties shall be responsible for the following: (i) Participate with the implementation and operation of the Program. (ii) Provide a regular liaison to the meetings of the Advisory Board. (iii) Participate with the annual evaluation of the Program. Staff Recommendation: Staff believes that this IGA can provide benefit to our community children as well as support the youth of Douglas County and recommend the City Council adopt the proposed resolution. Proposed Motion: I move to adopt Resolution No , A Resolution of The City Council of The City of Castle Pines, Colorado Approving an Intergovernmental Agreement Concerning the City s Participation in and Funding of the Douglas County Youth Initiative Program. Attachments: Resolution No City Council Packet Page 191 of 232

22 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT CONCERNING THE CITY S PARTICIPATION IN AND FUNDING OF THE DOUGLAS COUNTY YOUTH INITIATIVE PROGRAM WHEREAS, the City of Castle Pines, a municipal corporation of the State of Colorado ( City ), is empowered pursuant to Article XIV, Section 18(2)(a) of the Colorado Constitution, and Section , C.R.S. to cooperate with other governmental units to make the most efficient and effective use of governmental powers and responsibilities; and WHEREAS, the Douglas County Youth Initiative Program ( DCYI ) is an intergovernmental effort to serve local youth, collaborate effectively for youth-related services, advocate for system improvements that will better serve youth and families in the community, and support youth and encourage their contributions to the broader community; and WHEREAS, DCYI is implemented through cost-sharing and the Intergovernmental Agreement Concerning the Implementation and Funding of the Douglas County Youth Initiative Program (the IGA ), and current parties to the IGA include Douglas County, Douglas County Libraries, Douglas County School District RE-1, the Town of Parker, the Town of Castle Rock, and Highlands Ranch Metropolitan District; and WHEREAS, the City finds that the IGA is in the best interests of the City; and WHEREAS, the City Council desires to participate in the implementation of DCYI through the IGA and the contribution of the City s share of Nineteen Thousand Eight Hundred Dollars ($19,800.00) for the year NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CASTLE PINES, COLORADO, THAT: Section 1. The City Council hereby: (a) approves the IGA, in substantially the form attached hereto as Exhibit 1 or other form as approved by the City Attorney; (b) allocates the yearly contribution for 2019 of Nineteen Thousand Eight Hundred Dollars ($19,800.00); (c) authorizes the City Attorney, in consultation with the City Manager, to make such changes as may be necessary to correct any non-material errors that do not increase the obligations of the City; and (d) authorizes the Mayor to execute the IGA when in final form. Section 2. City Council. Effective Date. This Resolution shall take effect upon its approval by the [Remainder of this page left intentionally blank.] City Council Packet Page 192 of 232

23 City of Castle Pines Resolution Page 2 INTRODUCED, READ AND ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES by a vote of in favor, against and absent this 26 th day of March, Tera Stave Radloff, Mayor ATTEST: APPROVED AS TO FORM: Tobi Basile, CMC, City Clerk Linda C. Michow, City Attorney City Council Packet Page 193 of 232

24 City of Castle Pines Resolution Page 3 EXHIBIT 1 Intergovernmental Agreement Concerning the Continued Implementation and Funding of the Douglas County Youth Initiative Program [ATTACHED] City Council Packet Page 194 of 232

25 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF DOUGLAS, DOUGLAS COUNTY SCHOOL DISTRICT RE-1, DOUGLAS COUNTY LIBRARIES, THE TOWN OF CASTLE ROCK, THE TOWN OF PARKER, THE CITY OF LONE TREE AND HIGHLANDS RANCH METRO DISTRICT, CONCERNING THE CONTINUED IMPLEMENTATION AND FUNDING OF THE DOUGLAS COUNTY YOUTH INITIATIVE PROGRAM THIS AGREEMENT ( Agreement ) is entered into this day of, 20, by and between the Board of County Commissioners of the County of Douglas, Douglas County School District RE-1, the Douglas County Libraries, the Town of Castle Rock, the Town of Parker, the City of Lone Tree, the Highlands Ranch Metro District, and the City of Castle Pines, hereinafter referred to jointly as the Parties ; and WHEREAS, Article XIV, Section 18(2)(a) of the Colorado Constitution, and section , C.R.S. provide a means whereby governmental units may cooperate or contract with one another to make the most efficient and effective use of their powers and responsibilities; and WHEREAS, the Parties desire to set forth the terms and conditions in connection with the continuing implementation and operation of a collaborative effort known as the Douglas County Youth Initiative Program ( Program ); and WHEREAS, the Program will include a Youth Services Program Manager, Program Initiatives such as WrapAround and Youth Congress, Community Coalitions, and an Advisory Board of the Youth Initiative; and WHEREAS, the Parties have agreed to share the costs of implementing and operating the Program in accordance with the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and the recitals as set forth above, the Parties hereby agree as follows: Section 1. Subject Matter of Agreement. This Agreement sets forth the understanding of the Parties associated with the exchange of consideration, the ongoing costs and management of the Program and the responsibilities of the Parties under this Agreement. Section 2. Duration of Agreement. This Agreement shall be effective for a period of one year, beginning January 1, 2016, subject to annual appropriation of funds by all Parties hereto. This Agreement shall renew automatically on December 31 st of each year for an additional one year term unless earlier terminated by the withdrawal of any Party as provided in this Section 2. If any Party to this Agreement should decide, in adopting the budget for subsequent Agreement years, not to provide funding for the Program, then that Party may withdraw from participation in this Agreement for future terms by giving written notice thereof to the other Parties. The remaining Parties shall have the option to negotiate and continue a cost sharing arrangement and operation of the Program by amending this Agreement pursuant to Section 12 or this Agreement will automatically terminate at the end City Council Packet Page 195 of 232 1

26 of the existing term. Any future automatic extension of the original term is contingent upon annual funding being appropriated, budgeted and otherwise made available for such purposes by each of the Parties. Section 3. Relationship of the Parties. This Agreement is not intended to, and will not constitute, create, give rise to, or otherwise recognize a joint venture, partnership, or formal business association or organization of any kind between the Parties, and the rights and obligations of the Parties shall be only those expressly set forth in this Agreement. Section 4. Appointment of Program Services Manager. The Parties agree that the individual hired as the Youth Services Program Manager will be a Douglas County employee for all purposes and with the same benefits and at-will employment status as other County employees. The activities and performance of the Youth Services Program Manager will be subject to review by the Deputy County Manager with input from the Program Executive Board. Section 5. Cost Sharing. The Parties agree to provide the following funding for the 2016 term and each term thereafter: A. Beginning January 1, 2016, the basic yearly estimated cost of implementing and operating the Program is $170,500. The Parties agree to pay the following cost sharing amounts in each term of the Agreement: Douglas County School District Re-1: $35,750 Douglas County: $35,750 Douglas County Libraries $19,800 Town of Castle Rock: $19,800 Town of Parker: $19,800 City of Lone Tree: $19,800 Highlands Ranch Metro District $19,800 City of Castle Pines $19, *Douglas County School District Re-1 $40,000 *Douglas County: $40,000 *Parties have agreed to provide additional funding B. Douglas County shall be the recipient of the contributed funds as Douglas County will be the Party responsible for hiring the Youth Services Program Manager. The funds received for the Youth Services Program Manager shall be spent for costs directly associated with that position. Payments may be made annually or semi-annually at the discretion of the participating Parties. Payments: Payments may be paid: City Council Packet Page 196 of 232 2

27 One time payment due upon receipt of fully executed IGA or January 31st of the then-current term, whichever is later. ½ due upon receipt of fully executed IGA or January 31st of the thencurrent term, whichever is later and remaining ½ due by July of the thencurrent term. Payments can be made by check payable to Douglas County. Section 6. Responsibilities of the Parties. A. The Advisory Board shall be made up of one representative from each participating Party; each funding entity will have representation; and the Advisory Board shall be responsible for the following: (i) (ii) (iii) (iv) Provide feedback into the recruitment, hiring, and evaluation of the Youth Services Program Manager, although the final hiring and any and all other employment-related decisions shall be made by Douglas County in accordance with applicable Douglas County employment procedures and policies. Act as a regular liaison with the agencies they represent. Provide oversight and direction for the Program, on behalf of their constituents. Participate with the Parties in the annual evaluation of the Program. B. The Parties shall be responsible for the following: (i) (ii) (iii) Participate with the implementation and operation of the Program. Provide a regular liaison to the meetings of the Advisory Board. Participate with the annual evaluation of the Program. C. The responsibility for providing office space and basic office supplies for the Youth Services Program Manager shall be the responsibility of Douglas County, including a dedicated telephone line and computer and internet access. The value of these benefits will be in addition to that covered in Section 5 (A) above. Section 7. Specific duties of the Youth Services Program Manager. The specific duties and responsibilities of the Program Services Manager are set forth in Attachments I, and II, to this Agreement, and are incorporated herein by this reference, and are summarized as follows: City Council Packet Page 197 of 232 3

28 A. Attachment I: Bylaws of the Douglas County Youth Initiative Advisory Board. The Advisory Board oversees the Program Manager position and provides programmatic guidance. Section 8. Notice. Any notice required by this Agreement shall be given, in writing by U.S. postal mail, as follows: Town of Castle Rock: Town of Castle Rock 100 N. Wilcox Castle Rock, CO Douglas County: Douglas County Manager 100 Third Street Castle Rock, CO Douglas County School District RE-1: Douglas County School District RE Wilcox Castle Rock, CO Douglas County Libraries Douglas County Libraries 100 S. Wilcox St. Castle Rock, CO Town of Parker: Town of Parker E Mainstreet Parker, CO City of Lone Tree: Highlands Ranch Metro District City of Castle Pines City of Lone Tree 9220 Kimmer Dr., Suite 100 Lone Tree, CO Highlands Ranch Metro District 62 Plaza Drive Highlands Ranch, CO City of Castle Pines 360 Village Square Lane, Suite B Castle Pines, CO City Council Packet Page 198 of 232 4

29 Section 9. Applicable Law. The Parties agree to comply with applicable federal, state and local statutes, charter provisions, ordinances, rules, regulations and standards as are in effect at the time this Agreement is executed. Section 10. Non-waiver. The Parties shall not be excused from complying with any provisions of this Agreement by failure of any party to insist upon or seek compliance with such provisions. Section 11. Severability. Should any one or more provisions of this Agreement be determined to be illegal or unenforceable, all other provisions nevertheless shall remain effective. Section 12. Amendment. This Agreement may be amended, modified, or changed, in whole or in part, only by written Agreement executed by the Parties hereto. Section 13. No Third Party Beneficiaries. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Parties herein, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other third party on such Agreement. It is the express intention of the parties that any person other than the Parties herein receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. Section 14. Assignability. No party hereto shall assign its rights or delegate its duties hereunder without the prior written consent of the other Parties. Section 15. Headings for Convenience. Headings and titles contained herein are intended for the convenience and reference of the Parties only and are not intended to combine, limit, or describe the scope or intent of any provision of this Agreement. Section 16. Governmental Immunity. The Parties hereto understand and agree that the Parties, their commissioners, council, officials, officers, directors, agents and employees, are relying on, and do not waive or intend to waive by any provisions of this Agreement, the monetary limitations or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, to 120, C.R.S., or otherwise available to the Parties. Section 17. Entire Agreement. This Agreement constitutes the entire Agreement of the Parties hereto. The Parties agree there has been no representations made other than those contained herein, that this Agreement constitutes the entire Agreement, and further agree that the various promises and covenants contained herein are mutually agreed upon and are in consideration for one another. Section 18. Execution. This Agreement is expressly subject to, and shall not be or become effective or binding on the Parties until execution by all signatories of the Parties City Council Packet Page 199 of 232 5

30 The Board of County Commissioners of the County of Douglas By: Doug DeBord, County Manager ATTESTED: By: C. Brenner, Deputy Clerk APPROVED AS TO LEGAL FORM: Chris Pratt, Assistant County Attorney APPROVED AS TO FINANCIAL CONSIDERATIONS: Andrew Copland, Director of Finance for Douglas County City Council Packet Page 200 of 232 6

31 Douglas County School District RE-1 By: Board of Education for Douglas County School District ATTEST: Nona Eichelberger, Board Secretary APPROVED AS TO LEGAL FORM: Richard Bump, Board Legal Counsel City Council Packet Page 201 of 232 7

32 Town of Parker By: Mike Waid, Mayor ATTEST: Carol Baumgartner, Town Clerk APPROVED AS TO LEGAL FORM: James S. Maloney, Town Attorney City Council Packet Page 202 of 232 8

33 City of Lone Tree By: James D. Gunning, Mayor ATTEST: Jennifer Pettinger, CMC, City Clerk APPROVED AS TO LEGAL FORM: Neil Rutledge, Assistant City Attorney City Council Packet Page 203 of 232 9

34 Town of Castle Rock By: Paul Donahue, Mayor Attest: Sally A. Misare, Town Clerk APPROVED AS TO LEGAL FORM: Robert J. Slenz, Town Attorney City Council Packet Page 204 of

35 Douglas County Libraries By:, ATTEST:, APPROVED AS TO LEGAL FORM: Tamara K. Seaver Highlands Ranch Metro District City Council Packet Page 205 of

36 By: Terry Nolan, General Manager ATTEST: APPROVED AS TO LEGAL FORM: City of Castle Pines City Council Packet Page 206 of

37 By: Michael Penny, City Manager ATTEST: APPROVED AS TO LEGAL FORM: ATTACHMENT I BYLAWS City Council Packet Page 207 of

38 BYLAWS of the DOUGLAS COUNTY YOUTH INITIATIVE Article I: Name. The name of this organization shall be Douglas County Youth Initiative (the Youth Initiative ). Article II: Purpose. The purpose of the Youth Initiative is to unite the Douglas County community, including youth, parents, agencies, governments, schools, nonprofits and other adults, in our mutual efforts to: Identify gaps and collaborate effectively to create a seamless continuum of services. Advocate for system improvements that will better serve youth and families of Douglas County. Support youth and encourage their contributions to the broader community. Effectively intervene with youth who are endangered by their decisions and/or situation. Support and expand opportunities for youth to express viewpoints. Support parents and caregivers with resources, education and unconditional care. These goals shall be achieved by means of programs as determined by the Advisory Board, which may include, but are not limited to, Youth Congress, the WrapArounD program, and a Day of Service. Article III: Advisory Board. Section 1: Composition. Each funding entity for the Youth Initiative shall appoint one or more representatives to serve on the Youth Initiative Advisory Board. When any member of the Advisory Board is unable to continue as a member, the funding entity shall appoint a replacement member to fill the vacancy on the Advisory Board. Section 2: Duties of the Advisory Board. The Advisory Board shall oversee the operations of the Youth Initiative. Such duties shall include the following: Programmatic guidance to the Program Manager of the Youth Initiative; Along with Douglas County, annual approval of the Youth Initiative budget; Review and monitoring of the operations of the Youth Initiative in order to ensure achievement of the purposes of the Youth Initiative; Consultation and advisement regarding employment of the Youth Initiative Program Manager as well as employment and/or contracts of other Youth Initiative staff; Make recommendations to Douglas County as the employer of the Youth City Council Packet Page 208 of

39 Initiative Program Manager and the fiscal agent for the Youth Initiative as to Program Manager performance, fiscal matters, and Youth Initiative operations; and; Make recommendations to the Partnership of Douglas County Governments as to the overall operations and funding of the DCYI Section 3: Officers. The Advisory Board shall select from among its ranks officers in the following positions: President, Vice President, Secretary, Treasurer, and such other officers as the Advisory Board deems necessary. Section 4: Duties of the Officers. The duties of the officers shall be those established by the Advisory Board and shall include the following: President: Set the agenda for meetings, in conjunction with the Youth Initiative Program Manager; chair meetings and facilitate discussion Vice President: Perform the duties of the President in the absence or incapacity of the President Secretary: Oversee records of the Advisory Board; record meeting activities, votes, and proceedings; generate and distribute meeting minutes Treasurer: Oversee financial records of the Youth Initiative and periodically report on the financial condition of the Youth Initiative to the Advisory Board on at least a quarterly basis. Section 5: Election or Appointment of Officers. Officers shall be elected on an annual basis at the first regular meeting of each calendar year or at such time as members of the Advisory Board shall in its discretion determine. In the event of a vacancy during the year or in the event that the representative appointed by a funding entity to serve as a member of the Youth Initiative Advisory Board and who has been elected to serve as an Officer shall cease to be a member of the Advisory Board, the Advisory Board shall elect a successor from its membership at the next regular meeting and such successor shall serve the unexpired term of the office. Article IV: Primary Operations. The Youth Initiative Program Manager shall be an employee of Douglas County and shall office in such location as established in the discretion of Douglas County. Douglas County shall be responsible for the day-to-day operations of the Youth Initiative and shall be authorized to staff the Youth Initiative as may be necessary to carry out the purpose and function of the Youth Initiative as set by the Advisory Board. Article V: Meetings of the Advisory Board. Section 1: Regular Meetings. The Advisory Board shall meet no less than quarterly. Section 2: Special Meetings. The President of the Board may, when s/he deems it expedient, and shall, upon written request of three Board members, call a special meeting for the purpose of conducting business designated in the call. Notice of special meetings shall be delivered to Board members no less than two business days prior to such meeting. Business conducted as special meetings shall be limited to that designated in the call, unless all members of the Board are present City Council Packet Page 209 of

40 Section 3: Quorum. Action by the Advisory Board shall only take place if a quorum is present. A quorum of the Advisory Board shall consist of a simple majority of the funding entities of the Youth Initiative. If a funding entity has appointed more than one representative to serve on the Advisory Board, only one representative shall count for purposes of determining whether there is a quorum of the Advisory Board. Section 4: Meeting Attendance. When a member of the Advisory Board is unable to attend a meeting, the funding entity may appoint an alternate to participate in the decision making processes on behalf of the member jurisdiction. Article VI: Amendments to the Bylaws. The bylaws of the Youth Initiative shall be amended only with the approval of a majority of the Advisory Board at a regular or special meeting, but no such amendment shall be adopted unless at least five business days written notice thereof has been previously been given to all members of the Advisory Board. Approved January 9, City Council Packet Page 210 of

41 City of Castle Pines, Colorado COUNCIL COMMUNICATION MEMORANDUM TO: FROM: Honorable Mayor Radloff and Members of City Council Sam Bishop, Community Development Director DATE: March 26, 2019 SUBJECT: Agenda Item 7(f) Resolution No Acceptance of Lagae Ranch Tracts I. POLICY QUESTION: Does Council support the acceptance of tracts within the Lagae Ranch Development? II. DISCUSSION/BACKGROUIND: Lagae Ranch Filing No. 1 was originally approved by the City of Castle Pines in December 2008 and subsequently amended twice in 2017 (Lagae Ranch Filing, No. 1, 1 st Amendment and Lagae Ranch Filing No. 1, 2 nd Amendment). The Plat, and subsequent amendments, created tracts i of property to be used for Parks, Open Space, Drainage, Utilities and Trails within the Development. The City previously accepted conveyance of Tract D for parkland and has been subsequently developed as Elk Ridge Park. It was initially envisioned that the property owner/developer, R.I. Management of Tulsa, Inc. would convey the tracts to the local Metro Districts ii created for the Development for ownership and maintenance. This conveyance occurred by separate document and is of legal record. City Staff has approached the Developer and Metro Districts to request that the following tracts be further conveyed to the City for ownership and maintenance: Tracts E, G, R, S and U, Lagae Ranch Filing 1, County of Douglas, State of Colorado according to the plat recorded on December 4, 2008 at Reception No Tracts F-1, H-1, Q-1, T-1 and W-1, Lagae Ranch Filing 1, 1 st Amendment, County of Douglas, State of Colorado according to the plat recorded on October 24, 2017 at Reception No Tract F, Lagae Ranch Filing 1, 2 nd Amendment, County of Douglas, State of Colorado. Collectively, the Tracts. Both parties were amenable to Staff s request. Staff believes the acquisition of open space tracts in Lagae Ranch, and throughout the City, is essential in serving the public s interest. Specifically, the ownership and maintenance of Tracts will provide a consistent management program, a single point of contact for issues relating to the Tracts and will create efficiencies in City operations. City Staff anticipates additional acquisition of tracts in other developments, i.e. The Canyons and Castle Pines Town Center. III. STAFF RECOMMENDATION MOTIONS: City Staff recommends City Council approve Resolution No accepting ownership and maintenance responsibilities of Tracts within the Lagae Ranch Development to be used for Open Space, Drainage, Utilities and Trails. The following motion is suggested: City Council 1 Packet Page 211 of 232

42 IV. PROPOSED MOTION: I MOVE TO ADOPT RESOLUTION NO , A RESOLUTION OF THE CITY OF CASTLE PINES, COLORADO ACCEPTING BARGAIN AND SALE DEEDS FOR THE CONVEYANCE OF OPEN SPACE, TRAILS, DRAINAGE, AND UTILITY TRACTS IN LAGAE RANCH. V. ATTACHMENT(S): Resolution Tract (Open Space Management) Exhibit i A Tract of property is an area of land designated on a plat to be exclusively used for an identified use i.e. park, school, landscaping, drainage, utilities, etc. Tracts are not for residential or commercial buildings except those associated with parks and schools. ii North Pine Vistas Metropolitan District No. 1 and No City Council 2 Packet Page 212 of 232

43 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES, COLORADO ACCEPTING BARGAIN AND SALE DEEDS FOR THE CONVEYANCE OF OPEN SPACE, TRAILS, DRAINAGE, AND UTILITY TRACTS IN LAGAE RANCH WHEREAS, pursuant to C.R.S (1)(d), the City of Castle Pines ( City ) is authorized to acquire and dispose of real property; and WHEREAS, R.I. Management Inc. ( RIM ), as the property owner, submitted an application to the City for subdivision of property known as Lagae Ranch, which plat, titled Lagae Ranch Filing No. 1, was approved by the City Council in December 2008 ( Lagae Ranch Filing 1 ); and WHEREAS, upon application by RIM, the City Council subsequently approved two amended subdivision plats, known as Lagae Ranch Filing, No. 1, 1 st Amendment and Lagae Ranch Filing No. 1, 2 nd Amendment; and WHEREAS, Lagae Ranch Filing 1, as amended, created certain tracts of property to be used for open space, drainage, utilities and trails within the Lagae Ranch Development ( Tracts ); and WHEREAS, RIM transferred ownership of the Tracts to the North Pine Vistas Metropolitan District No. 1 and North Pine Vistas Metropolitan District No. 3 (collectively, the Districts ), the special districts providing certain public services and public improvements within Lagae Ranch; and WHEREAS, the City has requested that the Districts convey the Tracts to the City, as more specifically described in the attached Exhibits A and B, subject to maintenance obligations for certain District improvements to remain the responsibility of the Districts; and WHEREAS, the Districts have agreed to convey said Tracts to the City and to maintain District improvements located on or within such Tracts; and WHEREAS, the City Council desires to conditionally accept the Tracts via bargain and sale deeds as set forth herein. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CASTLE PINES, COLORADO, THAT: Section 1. The City Council hereby conditionally accepts the following bargain and sale deeds in the forms attached hereto as Exhibits A and B ( Deeds ): Bargain and Sale Deed from North Pine Vistas Metropolitan District No. 1 ( District No. 1 ) for: Tracts E, G, R, S and U, Lagae Ranch Filing 1, County of Douglas, State of Colorado according to the plat recorded on December 4, 2008 at Reception No City Council Packet Page 213 of 232

44 City of Castle Pines Resolution Page 2 Tracts F-1, H-1, Q-1, T-1 and W-1, Lagae Ranch Filing 1, 1 st Amendment, County of Douglas, State of Colorado according to the plat recorded on October 24, 2017 at Reception No Bargain and Sale Deed from North Pine Vistas Metropolitan District No. 3 ( District No. 3 ) for: Tract F, Lagae Ranch Filing 1, 2 nd Amendment, County of Douglas, State of Colorado. Section 2. Conditions of Acceptance. The Deeds shall not be finally accepted by the City or recorded in the real property records of Douglas County, Colorado until such time as: (1) the District has provided a title insurance policy in a form acceptable to the City Attorney insuring title to the Tracts, in minimum amounts acceptable to the City; (2) District No. 1 executes an easement for maintenance of the retaining wall located on Tract H-1 in a form acceptable to the City Attorney; and (3) District No. 1 enters into a written agreement (license or easement) in a form acceptable to the City Attorney concerning the District s obligations to maintain monument signage and other District improvements, if any, located in the Tracts. Section 3. Delegation of Authority to City Manager. The City Manager or his designee shall be authorized to: (a) determine acceptable amounts of title insurance for the Tracts; (b) execute all necessary license and easement agreements for District improvements referenced in Section 2 of this Resolution; (c) record the Deeds following the date on which the conditions set forth in Section 2 of this Resolution have been satisfied; and (d) take any and all necessary steps to finalize and complete the conveyance of the Tracts from the Districts to the City. Section 4. City Council. Effective Date. This Resolution shall take effect upon its approval by the INTRODUCED, READ AND ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES by a vote of in favor and against this 26 th day of March, Tera Stave Radloff, Mayor ATTEST: APPROVED AS TO FORM: Tobi Basile, City Clerk Linda C. Michow, City Attorney City Council Packet Page 214 of 232

45 City of Castle Pines Resolution Page 3 EXHIBIT A BARGAIN AND SALE DEED FROM NORTH PINE VISTAS METROPOLITAN DISTRICT NO City Council Packet Page 215 of 232

46 City of Castle Pines Resolution Page 4 When Recorded Return To: City of Castle Pines 360 Village Square Lane, Suite B Castle Pines, CO Attn: City Manager BARGAIN AND SALE DEED [Statutory Form - C.R.S & 115] NORTH PINE VISTAS METROPOLITAN DISTRICT NO. 1, a quasi-municipal corporation and political subdivision of the State of Colorado, whose street address is c/o Spencer Fane, LLP, 1700 Lincoln Street, Suite 2000, Denver, Colorado, 80203, Attn: Russ Dykstra, Esq. ( Grantor ), for the consideration of Ten and 00/100 Dollars ($10.00), and other good and valuable consideration, in hand paid, hereby sells and conveys to THE CITY OF CASTLE PINES, a Colorado municipal corporation ( Grantee ), all of Grantor s right, title and interest in and to the real property in the County of Douglas, State of Colorado, described as follows: Tracts E, G, R, S and U, Lagae Ranch Filing 1, County of Douglas, State of Colorado according to the plat recorded on December 4, 2008 at Reception No Tracts F-1, H-1, Q-1, T-1 and W-1, Lagae Ranch Filing 1, 1 st Amendment, County of Douglas, State of Colorado according to the plat recorded on October 24, 2017 at Reception No [Signatures and acknowledgements appear on the next page] City Council Packet Page 216 of 232

47 City of Castle Pines Resolution Page 5 Signed this day of, 20. GRANTOR: NORTH PINE VISTAS METROPOLITAN DISTRICT NO. 1, a quasi-municipal corporation and political subdivision of the State of Colorado. By: Name: Thomas Clark Title: President STATE OF ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of, 20, by Thomas Clark, as President for the North Pine Vistas Metropolitan District No. 1, a quasi-municipal corporation and political subdivision of the State of Colorado. Notary Public My Commission expires: GRANTEE: CITY OF CASTLE PINES, a Colorado municipal corporation By: Name: Its: ATTEST: APPROVED AS TO FORM: City Clerk City Attorney City Council Packet Page 217 of 232

48 City of Castle Pines Resolution Page 6 EXHIBIT B BARGAIN AND SALE DEED FROM NORTH PINE VISTAS METROPOLITAN DISTRICT NO City Council Packet Page 218 of 232

49 City of Castle Pines Resolution Page 7 When Recorded Return To: City of Castle Pines 360 Village Square Lane, Suite B Castle Pines, CO Attn: City Manager BARGAIN AND SALE DEED [Statutory Form - C.R.S & 115] NORTH PINE VISTAS METROPOLITAN DISTRICT NO. 3, a quasi-municipal corporation and political subdivision of the State of Colorado, whose street address is c/o Spencer Fane, LLP, 1700 Lincoln Street, Suite 2000, Denver, Colorado, 80203, Attn: Russ Dykstra, Esq. ( Grantor ), for the consideration of Ten and 00/100 Dollars ($10.00), and other good and valuable consideration, in hand paid, hereby sells and conveys to THE CITY OF CASTLE PINES, a Colorado municipal corporation ( Grantee ), all of Grantor s right, title and interest in and to the real property in the County of Douglas, State of Colorado, described as follows: Tract F, Lagae Ranch Filing 1, 2 nd Amendment, County of Douglas, State of Colorado. [Signatures and acknowledgements appear on the next page] City Council Packet Page 219 of 232

50 City of Castle Pines Resolution Page 8 Signed this day of, 20. GRANTOR: NORTH PINE VISTAS METROPOLITAN DISTRICT NO. 3, a quasi-municipal corporation and political subdivision of the State of Colorado. By: Name: Thomas Clark Title: President STATE OF ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of, 20, by Thomas Clark, as President for the North Pine Vistas Metropolitan District No. 3, a quasi-municipal corporation and political subdivision of the State of Colorado. Notary Public My Commission expires: GRANTEE: CITY OF CASTLE PINES, a Colorado municipal corporation By: Name: Its: ATTEST: APPROVED AS TO FORM: City Clerk City Attorney City Council Packet Page 220 of 232

51 City Council Packet Page 221 of 232

52 City of Castle Pines, Colorado COUNCIL COMMUNICATION MEMORANDUM TO: FROM: Honorable Mayor Radloff and Members of City Council Sam Bishop, Community Development Director DATE: March 26, 2019 SUBJECT: Agenda Item 7(g) Resolution No Acquisition of Public Right-of-Way for Castle Pines Parkway and Lagae Road Intersection Improvements. POLICY QUESTION: Does Council support: (a) authorizing the acquisition of certain interests in real property through eminent domain proceedings (if necessary); and (b) authorizing the City Manager to issue payment for the acquisition of property interests, if necessary, for the successful and timely completion of the Castle Pines Parkway and Lagae Road Intersection Improvements Project (the Project )? DISCUSSION/BACKGROUND: The approval of Lagae Ranch in 2009 and The Castle Pines Town Center ( CPTC ) in 2014 required the developer(s) to fund the completion of necessary improvements at the Castle Pines Parkway and Lagae Road intersection to accommodate additional traffic volumes generated by the new developments. Specifically, the developer of Lagae Ranch is required to contribute 35% of the estimated costs for the design, construction and acquisition of any right-of-way need to construct the Project and the CPTC developer is required to fund the remaining 65% of Project-related costs. To date, the City has collected $650,432 for Project-related costs. The developer has also escrowed $150,000 to pay for right-of-way acquisition associated with the intersection improvements. In summary, the Project consists of the following improvements: One additional westbound turn lane along Castle Pines Parkway One additional northbound turn lane along Lagae Road One dedicated eastbound turn lane on Castle Pines Parkway onto Lagae Road Modification of westbound through lanes along Castle Pines Parkway Sidewalk, storm drain, handicap ramp, signage modifications Bike lane thermoplastic striping Remove and replace traffic signals Right-of-Way acquisition (collectively, the Project Improvements ). City Staff has reviewed and approved the construction documents for the Project, collected funds to construct the Project-related improvements, has caused appraisals to be completed to establish the fair market value of property interests required for the Project (including the acquisition of the fee interest in certain parcels and the acquisition of temporary construction easements), and has coordinated with the City s ROW-acquisition consultant, H.C. Peck & Associates, Inc. ( Peck ), to send offer letters to affected property owners. It is Staff s intent to bid the Project in the near future and construct Project this summer while school is out of session City Council 1 Packet Page 222 of 232

53 Resolution No authorizes the following: Authorizes the City Manager and Peck to continue to conduct good faith negotiations with the property owners and to finalize arrangements related to the voluntary acquisition of the property interests required for the Project; Authorizes the City Manager and Peck to schedule and conduct closings with the property owners; Authorizes the City Manager to cause compensation to be paid to the property owners of the required property interests, provided that such amounts do not exceed amounts appropriated for this purpose in the City s approved 2019 budget, as the same may be amended from time to time; Authorizes the City Attorney to commence and prosecute to conclusion eminent domain proceedings, if and as necessary, and authorizes the City Attorney and City Manager to employ all necessary consultants for this purpose including special eminent domain counsel, appraisers, surveyors, engineers, and other experts as deemed necessary; and Authorizes the City Manager to execute any document(s) necessary for the acquisition of the property interests required for the Project, and authorizes the City Clerk to attest the City Manager s signature on such documents; and Authorizes the City Manager to execute possession and use agreements or related documents necessary to permit the Project to remain on schedule. The attached exhibit shows the extent of right-of-way (delineated in green) and temporary construction easements (delineated in red) needed for the Project. STAFF RECOMMENDATION: City Staff recommends City Council approve Resolution No authorizing the acquisition of certain interests in real property for the Castle Pines Parkway and Lagae Road Intersection Improvements Project and delegating authority to the City Manager to coordinate activities related to closing on such property interests. The following motion is suggested: PROPOSED MOTION: I MOVE TO APPROVE RESOLUTION NO , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES, COLORADO AUTHORIZING THE ACQUISITION OF CERTAIN INTERESTS IN REAL PROPERTY THROUGH EMINENT DOMAIN PROCEEDINGS FOR THE CASTLE PINES PARKWAY AND LAGAE ROAD INTERSECTION IMPROVEMENTS PROJECT AND DELEGATING AUTHORITY TO THE CITY MANAGER TO ACCEPT DEEDS OR EASEMENTS FOR SUCH PROPERTY INTERESTS ON BEHALF OF THE CITY. ATTACHMENT(S): Resolution No ROW and Temporary Construction Exhibit City Council 2 Packet Page 223 of 232

54 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES, COLORADO, AUTHORIZING THE ACQUISITION OF CERTAIN INTERESTS IN REAL PROPERTY THROUGH EMINENT DOMAIN PROCEEDINGS FOR THE CASTLE PINES PARKWAY AND LAGAE ROAD INTERSECTION IMPROVEMENTS PROJECT AND DELEGATING AUTHORITY TO THE CITY MANAGER TO ACCEPT DEEDS OR EASEMENTS FOR SUCH PROPERTY INTERESTS ON BEHALF OF THE CITY WHEREAS, the City of Castle Pines, a municipal corporation of the State of Colorado ( City ) is authorized to exercise the power of eminent domain pursuant to C.R.S (1)(e) and C.R.S ; and WHEREAS, the City has determined that it is necessary to acquire fee simple title to certain real property, and to acquire certain temporary construction easements for certain other real property, all as more particularly described in Exhibit A attached hereto (collectively, the Property Interests ), in order to complete the Castle Pines Parkway and Lagae Road Intersection Improvements Project (the Project ); and WHEREAS, the City has determined that the Project is a public project and that acquiring the Property Interests is necessary to successfully complete the Project; and WHEREAS, a public purpose exists as the Property Interests will be acquired to permit the construction of the Project and, upon completion, the Project will be utilized by the public; and WHEREAS, City Council finds and declares that the Project is being undertaken for public advantage and public benefit; and WHEREAS, the City intends to acquire the Property Interests identified in Exhibit A for the Project; and WHEREAS, H.C. Peck & Associates, Inc. ( Peck ) has been retained to act as the City s representative in the acquisition of the Property Interests; and WHEREAS, City Council desires to authorize Peck and the City Manager, or his designee, to continue to conduct good faith negotiations with the property owners in accordance with applicable law; and WHEREAS, in the event that good faith negotiations are successful, and the Property Interests may be acquired by the City without commencing formal condemnation proceedings, City Council desires to delegate all necessary authority to the City Manager to accept right-of-way deeds, permanent easements, and temporary easements for the Project on behalf of the City; and City Council Packet Page 224 of 232

55 City of Castle Pines Resolution No Page 2 WHEREAS, City Council desires to authorize condemnation proceedings to acquire the Property Interests, if necessary, if such good faith negotiations prove unsuccessful; and WHEREAS, the timely completion of the Project is necessary for the continued health, safety, and welfare of the residents of the City, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CASTLE PINES, COLORADO, THAT: Section 1. The acquisition of the Property Interests described in Exhibit A is needed and required for public use and public purposes. Section 2. The City Manager, or his designee, and Peck shall be authorized to continue to conduct good faith negotiations with the property owners of the Property Interests in accordance with applicable law and shall be further authorized to make offers of just compensation to the owners of the Property Interest for the voluntary acquisition thereof. In the event that good faith negotiations are successful, the City Manager, or his designee, and Peck shall be authorized to schedule and conduct closings with the property owners of the Property Interests. The City Manager shall be authorized to cause compensation to be paid to the property owners of the Property Interests, in such amounts as may be negotiated between the City and the property owners of the Property Interests, provided that such amounts in the aggregate shall not exceed the amount(s) appropriated for said purpose in the City s approved 2019 budget, as the same may be amended from time to time. Section 3. If compensation to be paid for any of the Property Interests cannot be agreed upon by the interested parties, or in case the owner or owner(s) of any of the Property Interests are incapable of consenting, then the City Attorney shall be authorized to institute and prosecute to conclusion such proceedings as are available under Article 1 of Title 38, Colorado Revised Statutes, through the exercise of the power of eminent domain. In the event that acquisition by eminent domain is deemed necessary, the City Attorney shall be authorized to request immediate possession of the Property Interests in furtherance of the purpose of this Resolution. Section 4. If eminent domain proceedings are commenced, the City shall be authorized to employ all necessary persons for this purpose including special eminent domain counsel, appraisers, surveyors, engineers, and other experts as deemed necessary. Section 5. The City Manager, or the City s consultants, consistent with the intent of the Project, shall have the authority to amend or modify the legal descriptions of the Property Interests to be acquired, the nature of the interests to be acquired, and may add or delete parcels, in whole or in part, as deemed necessary for the timely completion of the Project, and that any such amendment(s) shall be included in the definition of the Property Interests described in Exhibit A. Section 6. The City Manager shall be authorized to execute and the City Clerk to attest any document necessary for the acquisition of the Property Interests required for the Project. The City Manager or his designee shall also be authorized to execute any acceptance signature block City Council Packet Page 225 of 232

56 City of Castle Pines Resolution No Page 3 on any right-of-way deeds related to the Project, or approve any permanent or temporary easements required for the Project, following review and approval as to the form of such documents by the City Attorney. The City Manager or his designee shall also be authorized to execute possession and use agreements, or other similar or related documents necessary to permit the Project to remain on schedule. Following execution, the City Clerk or Peck shall cause a copy of any right-of-way deed(s) related to the Project to be recorded in the real property records of Douglas County, Colorado. Section 7. City Council. Effective Date. This Resolution shall take effect upon its approval by the INTRODUCED, READ AND ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES by a vote of in favor, against and absent this 26th day of March, Tera Stave Radloff, Mayor ATTEST: Approved as to form: Tobi Basile, City Clerk Linda C. Michow, City Attorney City Council Packet Page 226 of 232

57 City of Castle Pines Resolution No Page 4 EXHIBIT A Property Interests Castle Pines Parkway and Lagae Road Intersection Improvements Project Parcel ID SF Site Address Owner Name RW 115 SF N side E. Castle Pines Castle Pines North Metropolitan District Parkway RW TE 1,193 SF 6,292 SF 7369 Lagae Hal M. Sears Revocable Trust u/t/d June 18, 1993 RW 3,843 SF 7379 Lagae Castle Pines IV, LLC TE 7,360 SF RW TE 2,574 SF 2,734 SF 250 Max Drive J.O. Realty Partners, LLC, Portercare Adventist Health System, AJD OrthoCondo, LLC, Scheich Dental Group, LLC, Rolfson Investments, LLC RW 60 SF 250 Max Drive Charter Oaks Property Owners Association, RW UT TE 3,505 SF 978 SF 22,804 SF Vacant Land at SW Corner Castle Pines Parkway and Lagae Road Inc. Lagae Family Limited Partnership City Council Packet Page 227 of 232

58 City Council Packet Page 228 of 232