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HomeMy WebLinkAbout1.0 Application.pdf••••••:-%.- \HO, • t • Civil Engineering 6SGM Landscape Architecture connect one DEOIGN. Parachute-Batttement Mesa Parks Et Recreation District: Application for Location and Extent Review of the Parachute Battlement Mesa Community Park e1 att!e c, 47 .(?)• /0, , • cP '4S & ReCceP Mary Anderson, Executive Director Parachute - Battlement Mesa Parks and Recreation District PO Box 299 Parachute, CO 81635 970 - 285 -0388 ppr001 @comcast.net Dear Garfield County Planning Commission, It is with great pleasure that we submit this application for a location and extent review on the Parachute - Battlement Mesa Community Park. We are excited to visit with you in September and explain in greater detail the information you see presented here in this package. We look forward to fielding your questions and gathering your thoughts on this exciting park project. PARACHUTE - BATTLEMENT MESA COMMUNITY PARK This project is the culmination of many years of work on the part of the PBMP &R and the residents of Battlement Mesa. The Battlement Mesa PUD has always earmarked this property for a community park but the need and resources to fulfill this vision has only recently come to fruition. The creation of this unique community park will include program elements including but not limited to: an educational water feature (celebrating the historic and current use of water in the west), mountain bike course, fitness stations geared to active adults, walking/ jogging trails, western themed playground that will include elements geared toward all types of play and including elements geared specifically toward those children with autism, xeric landscaping throughout, including a demonstration garden, restrooms and a music pavilion. The park is located directly adjacent to the Garfield County #16 Middle School and is easily accessible from the community via walking, biking or vehicle and close to a shopping/ business district making it easy for residents to stay close to home to recreate instead of driving many miles to other district parks. PROJECT SUPPORTING THE COMPREHENSIVE PLAN Urban Growth and Intergovernmental Coordination The park is located within the Battlement Mesa utility district and close to existing infrastructure and services. It has always been anticipated as a park and will serve as a critical open space for the community of Battlement Mesa. Housing While housing is clearly not anticipated as part of the park, the park itself is located in close proximity to existing and proposed diverse housing within walking and biking distance. Transportation The access road to the park has been carefully coordinated with the Battlement Mesa PUD to follow the location of the proposed road system in anticipation of future housing around the park. The sub - surfacing of the road will be sufficient to accommodate future traffic needs. Paving of the access road will only occur once the demand from adjacent housing requires. Economics, Employment and Tourism The park has been designed to maximize uses that meet the demand of the surrounding community while reducing the overall maintenance of the park. This park will draw residents from beyond the boundaries of the Battlement community and help the PBMP &R District and bring much needed visibility and participation to their programs. Recreation, Open Space, Trails With the current ups and down in the economy Battlement Mesa has seen a roller coaster of development. Resources to develop usable, active park space has often fallen by the wayside. With a diverse population of families, retirees, etc. the demand for developed parks has increased dramatically. This park will be a crowning element in the entire PBMP &R District's inventory and will fulfill a significant gap in the needs of the entire community. Agriculture Not applicable to this park. Water and Sewer Services The park has the distinct advantage of being located in close proximity to the Battlement Mesa infrastructure and will be served by District water and sewer. Natural Resources Much of the park will be maintained as native grassland. A weed management plan has been included in the initial work to be performed on the property to assist the overall community in controlling the knapweed issues. Lighting will be limited and will follow strict night sky preservation guidelines and the programming will encourage residents of all ages to enjoy the outdoors increasing both their connection to the outdoors and their overall health. Mineral Extraction Not applicable to this park. Renewable Energy The PBMP &R and Battlement Mesa are in discussion with Excel and a solar power contractor to install a demonstration photovoltaic system over the parking area at the park. This installation would provide grid tied power that would accommodate 75% of the total power demand of the park at its highest electrical usage. Sincerely, 1 C2 Mary Anderson a Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield- countv.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION Owner /Applicant Name: Parachute Battlement Mesa Parks and Recreation District Phone: (970 )285 -0388 • Administrative Review • Development in 100 -Year Floodplain • Limited Impact Review • Development in 100 -Year Floodplain Variance • Major Impact Review • Code Text Amendment • Amendments to an Approved LUCP ❑ LIR EMIR ❑ SUP • Rezoning ❑ Zone District ❑ PUD ❑ PUD Amendment • Minor Temporary Housing Facility • Administrative Interpretation • Vacation of a County Road /Public ROW • Appeal of Administrative Interpretation - Location and Extent Review • Areas and Activities of State Interest • Comprehensive Plan Amendment ❑ Major ❑ Minor • Accommodation Pursuant to Fair Housing Act • Pipeline Development • Variance • Time Extension (also check type of original application) INVOLVED PARTIES Owner /Applicant Name: Parachute Battlement Mesa Parks and Recreation District Phone: (970 )285 -0388 Mailing Address: PO Box 299 City: Parachute State: CO Zip Code: 81635 E -mail: ppr001 @comcast.net Representative (Authorization Required) Name: Mary Anderson, Executive Director Phone: (970 )285 -0388 Mailing Address: PO Box 299 City: Parachute State: CO Zip Code: 81635 E- mail: ppr001 @comcast.net PROJECT NAME AND LOCATION Project Name: Parachute - Battlement Mesa Community Park Assessor's Parcel Number: 2407 084 00 182 Physical /Street Address: 0364 Sipprelle Drive, Parachute/ Battlement Mesa, CO Legal Description: Zone District: Battlement Mesa PUD Property Size (acres): 6.15 Acres PROJECT DESCRIPTION Existing Use: Undeveloped Land Proposed Use (From Use Table 3 -403): Park Description of Project: Community park with uses including but not limited to: outdoor lawn, pavilion and gathering space, playground and water play area for all ages of kids, walking and jogging trails, native revegetation areas, demonstration garden with xeric plantings, restrooms, picnic shelters and mountain bike course. REQUEST FOR WAIVERS Submission Requirements ❑ The Applicant requesting a Waiver of Submission Requirements per Section 4 -202. List: Section: Section: Section: Section: Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4 -118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and ac /urate to the best of my knowledge. Gvz Signature of Property Owner 8/14/2013 Date OFFICIAL USE ONLY File Number:____ ___ Fee Paid: $ GARFIELD COUNTY Community Development Department 108 8`h Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.darfield- county.com PRE - APPLICATION CONFERENCE SUMMARY DATE: August 7, 2013 TAX PARCEL NUMBERS: 2407 - 084 -00 -182 PROJECT: Battlement Park OWNER: Garfield County School District No. 16 REPRESENTATIVE: Mary Anderson, Parachute /Battlement Mesa Parks and Recreation District PRACTICAL LOCATION: Off of Sipprelle Drive, Battlement Mesa, CO TYPE OF APPLICATION: Location and Extent ZONING: Battlement Mesa PUD I. GENERAL PROJECT DESCRIPTION The Applicant will be requesting the approval a Location and Extent for the construction of a 6.5 acre park named Battlement Park. This park is to be situated in the Battlement Mesa Planned Unit Development (PUD) and within a parcel that contains a school. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield County Land Use and Development Code apply: • Section 4 -111 Location and Extent Review; • Tables 4 -102 Common Review Procedures; • Table 4 -201 Application Submittal Requirements; and, • Section 4 -203 Description of Submittal Requirements. Outlined below is a list of information typically required for this type of application: • Application Form; • Payment of Fees; • Payment Agreement Form; • Proof of Ownership (title work or copy of a deed) and information on any lien holders. • If owner intends to have a representative (planner or attorney) complete the application and processing then a letter of authorization is needed; • Names and mailing addresses of properties within 200 feet of the subject property, including mapping from the Assessor's Office showing ownership; • Mineral rights ownership for the subject property including mailing address; • Vicinity Map for use in the required public notice. • Copy of the Pre - application Conference Summary; • A narrative describing the request and related information, as well as a written summary as to how the project is in general conformance with the County's Comprehensive Plan; and, • Site Plan. III. REVIEW PROCESS The review process shall follow the steps contained in Table 4 -102 and Section 4 -111 for Location and Extent including: • Pre - application Conference Meeting; • Submittal of Application (3 copies plus one on CD); • Review by staff for technically completeness; • Applicant prepares public notice for local paper, mailing (adjacent property owners within 200 feet and mineral owners), and posting of property. Public Notice to be provided at least 7 calendar days but no more than 30 calendar days prior to the hearing before Planning Commission.; • Staff report preparation; and, • Planning Commission public hearing and decision. Public Hearing(s): None _ Directors Decision (with adjacent property and mineral owner's notice per code) X Planning Commission _Board of County Commissioners _ Board of Adjustment 2 Referral Agencies: The County does not currently anticipate referring this application to any outside referral agency. IV. APPLICATION REVIEW FEES Planning Review Fees: $N /A Time taken to process application will be billed to Applicant after review at an hourly rate of $40.50) Referral Agency Fees: $N /A Total Deposit: $0 General Application Processing Planner reviews case for completeness and request additional copies for the Planning Commission. The planner contacts applicant and sets up a site visit. The planner reviews application to determine if it meets standards of review and makes a recommendation of approval, approval with conditions, or denial to the Planning Commission at a public hearing. The pre - application meeting summary is only valid for six (6) months from the date of the written summary. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre - application Summary Prepared by: / i , 1 , t E , t , lee v 1 Molly Orkild- Larson 3 / s //3 Date Garfield County School District No 16 Dr. Ken Haptonstall, Superintendent Brian Berg, Director of Curriculum and Student Achievement Rose H. Belden, Director of Business Services (970) 285 -5701 FAX: (970) 285 -5711 Monday, August 12, 2013 Dear Garfield County Planning Commission, This letter serves to indicate and authorize the Parachute - Battlement Mesa Parks and Recreation District and Mary Anderson, Executive Director to submit this application for Location and Extent Review of the Parachute Battlement Mesa Community Park. Please feel free to contact me with any questions regarding this authorization. Eacvad Regards, Dr. Ken Haptonstall a'uuata` n cq 7e; Ve ft 1z EE C, z . JRecter2 Veciteeee Eo. , Veedtee Steealee, aftd Sena Dee SPECIAL WARRANTY DEED THIS DEED, made this 5th day of July, 2007, between COMMUNITY HOLDINGS WEST, INC. a Colorado Corporation, (Grantor), and GARFIELD COUNTY SCHOOL DISTRICT NO. 16, a Political Subdivision of the State of Colorado, whose legal address is P.O. Box 68, Parachute, Colorado 81635, (Grantee): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby aclmowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Garfield and State of Colorado described as follows: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF. Subject to the reservation by Grantor of all mineral rights and water rights appurtenant to the real property. Subject to easements, restrictions, reservations and rights of way of record, or situate and in use, including those set forth on Exhibit B attached hereto and made a part hereof. TOGETHER WITH all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. COMMUNITY HOLDINGS WEST, INC. A Colora orp. ration Authorized Agent STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this 5th day of July, 2007, by as Authoriz ed Agent of Community Holdings West, Inc., a Colorado Eric Schmela Corporation. Witness my hand and offici 1 se 1. My commission expires: G DENNA L()OF 14?�TAz; > rfLIC STATE OF . ' LORA. ? My Commission x Tres 09/27/2009 Notary Public EXHIBIT A Legal Description A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Sections 8 and 17, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Westerly Right of Way line of the East Battlement Parkway as recorded under Reception Numbers 398268 and 398297, whence the Northeast Comer of said Section 8 bears N17 °19'58 "E a distance of 4978.84 feet; thence along said Westerly Right of Way line the following three (3) courses: S00 °59'21 "W a distance of 123.31 feet; thence 774.87 feet along the arc of a curve to the right having a radius of 1095.92 feet, a central angle of 40 °30'39" and subtending a chord bearing of S21 °14'41 "W a distance of 758.83 feet; thence S41 °30'00 "W a distance of 168.32 feet to a point on the Northerly Right of Way line of Sipprelle Drive as recorded under Reception Number 541093; thence along said Northerly Right of Way line the following six (6) courses: 31.42 feet along the arc of a curve to the right, having a radius of 20.00 feet, a central angle of 90 °00'00" and subtending a chord bearing of S86 °30'00 "W a distance of 28.28 feet; thence N48 °30'00 "W a distance of 149.38 feet; thence 123.92 feet along the arc of a curve to the right, having a radius of 710.00 feet, a central angle of 10 °00'01" and subtending a chord bearing of N43 °30'00 "W a distance of 123.76 feet; thence N38 °30'00 "W a distance of 103.48 feet; thence 561.18 feet along the arc of a curve to the left, having a radius of 640.00 feet, a central angle of 50 °14'21" and subtending a chord bearing of N63 °37'10 "W a distance of 543.37 feet; thence N88 °44'20 "W a distance of 617.43 feet to a point whence the Northeast Corner of said Section 8 bears N32 °11'52 "E a distance of 6128.86 feet; thence 38.48 feet along the arc of a non - tangent curve to the left, having a radius of 25.00 feet, a central angle of 88 °1173" and subtending a chord bearing of N47 °09'59 "E a distance of 34.79 feet; thence 445.98 feet along the arc of a reverse curve to the right, having a radius of 790.00 feet, a central angle of 32 °20'42" and subtending a chord bearing of N19 °14'38 "E a distance of 440.08 feet; thence 279.69 feet along the arc of a reverse curve to the left, having a radius of 1460.00 feet, a central angle of 10 °58'34: and subtending a chord bearing of N29 °55'43 "E a distance of 279.26 feet; thence N24 °26'26 "E a distance of 486.76 feet; thence 121.66 feet along the arc of a curve to the left, having a radius of 460.00 feet, a central angle of 15 °09'13" and subtending a chord bearing of N16 °51'49 "E a distance of 121.31 feet; thence S61 °13'35 "E a distance of 27.91 feet; N74 °08'54 "E a distance of 55.18 feet; thence S57 °48'47 "E a distance of 115.39 feet; thence S63 °58'43 "E a distance of 279.40 feet; thence S82 °55'19 "E a distance of 44.28 feet; thence S08 °46'47 "W a distance of 418.88 feet; thence S76 °07' 19 "E a distance of 854.61 feet to the point of beginning. Said Parcels are subject to easements and encumbrances of record. EXHIBIT B Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded June 26, 1893 in Book 12 at Page 236 and in patent recorded January 2, 1896 in Book 12 at Page 391. Reservation of a one -half interest in all minerals including oil and gas as reserved in deed recorded February 17, 1944 in Book 204 at Page 297 and any and all interests therein or assignments thereof. (Affects NEI /4SW1/4 and SW] /4SEI /4 Section 8) Forty percent interest in all mineral and mineral rights as conveyed to Exxon Corporation in deed recorded June 22, 1982 in Book 601 at Page 658 and any and all interests therein or assignments thereof. All mineral and mineral rights as conveyed to Exxon Corporation in deed recorded December 21, 1989 in Book 769 at Page 490 and any and all interests therein or assignments thereof. Terms and conditions of surface use agreement by and between Battlement Mesa Partners, Battlement Mesa Realty Partners and Barrett Resources Corporation recorded July 8, 1999 in Book 1139 at Page 104. Easement granted to Comcast of Colorado /Florida, Inc. in instrument recorded March 8, 2005 in Book 1668 at Page 443 (exact location not defined). Covenants, conditions and restrictions, which do not contain a forfeiture or reverter clause, but omitting restrictions, if any, based on race, color, religion or national origin, imposed upon subject property by instrument recorded August 13, 1991 in Book 811 at Page 9 and as amended April 25, 2005 in Book 1681 at Page 611 and amended January 13, 2006 in Book 1763 at Page 896. Terms and conditions of Garfield County Resolution No. 06 -50 recorded May 11, 2006 in Book 1798 at Page 510. Terms and conditions of Sattelite Cable Contract right of access agreement recorded May 10, 1999 in Book 1 128 at Page 722. Terms and conditions of Sipprelle Drive & Spencer Parkway right of way and Maintenance Agreement recorded May 25, 2006 in Book 1803 at Page 970. Terms and conditions of Sipprclle Drive & Spencer Parkway Landscaping and Sidewalk Maintenance Agreement recorded May 25, 2006 in Book 1803 at Page 990. EASEMENT FOR PUBLIC PARK THIS AGREEMENT is made and executed the fifth day of July, 2007 by and between Garfield County School District No. 16, a Colorado school district and political subdivision of the State of Colorado (the "District ") and Community Holdings West, Inc. a Colorado corporation ( "Community Holdings "). Such parties are collectively referred to as the "Parties ". WITNESSETH: the District, for good and valuable consideration and subject to the terms and conditions hereinafter expressed, does hereby consent to the construction, operation and maintenance of a public park by Community Holdings on the real property described on the attached Exhibit A. The purpose of this park is to provide an amenity for the Battlement Mesa PUD allowing its residents a place to recreate and may include, without limitation, such facilities as parking, lights, playground equipment, benches, picnic tables, tennis courts, ball fields, a swimming pool, walking and jogging paths, a fitness course and the like. PROVIDED, however, Community Holdings agrees: 1. Once constructed, the park will be properly maintained and will not interfere with the District's other activities on its property; 2. To indemnify, save and hold harmless the District from and against any and all claims, demands, actions, causes of action, suits, judgments, executions, or liability whatsoever which may be brought, arise, or come against the District by reason of the existence of the envisioned park on the real property of the District. 3. The District shall not be engaged in the operation or maintenance of the park or recreation facility contemplated by this Easement for any reason, including for purposes of the Colorado Governmental Immunity Act, C.R.S. § 24 -10 -101, et seq. 4. This Easement shall not constitute nor represent any type of joint venture between the District and Community Holdings or its successors or assigns. This easement shall be assignable. This easement shall have an initial term of twenty -five years, commencing on the date of the execution of this agreement. Community Holdings or its successors shall have the option to extend the term of this easement for three (3) 1 additional twenty -five year periods by providing the District written notice of its desire to extend the term of the easement within ninety (90) days prior to the expiration of the initial term, or an extended term as the case may be. IN WITNESS WHEREOF, the District and Community Holdings do hereby execute this agreement on the day and year first above written. Garfield County School District No. 16 By: (c •' Its: Board President AttesQQ'cy (4/0 /11/1/0/1 Its: Board Sedretary Date: (15-1 Communit By: Its: ings West, Inc. orized Agent State of Colorado ) ) ss. County of Garfield ) Theforegoing instrument was acknowledged before me this5 day of July 2007 by e (,' Ir\d',4 -e_ v%e:-N. , the Board President for Garfield County School District No. 16, a Colorado school district and political subdivision of the State of Colorado. Witness my hand and official seal. ..._My_.Commission e ems...•' � Notary Public tv :} Z.c r . �f�•;' ;� Expires ri 121 /2308 State of Colorado ) 2 ) ss. County of Garfield ) The foregoing instrument was acknowledged before me this day of July, 2007 by Eric Schmela, Authorized Agent for Community Holdings West, Inc., a Colorado corporation. Witness my hand and official seal. My commissiq expires: Notary Public 3 EXHIBIT A A parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception No. 333476 being located within Sections 8 and 17, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point whence the Northeast Corner of said Section 8 bears N. 33 °45'55" East a distance of 4,747.11 feet; thence South 57 °48'47" East a distance of 111.49 feet; thence South 63 °58'43" East a distance of 279.40 feet; thence South 82 °55'19" East a distance of 44.28 feet; thence South 08 °46'47" West a distance of 418.88 feet; thence South 83 °34'47" West a distance of 611.97 feet; thence 86.76 feet along the arc of a non - tangent curve to the left, having a radius of 1,540.00 feet, a central angle of 0313'40" and subtending a chord bearing North 26°03'16" East a distance of 86.74 feet; thence North 24 °26'26" East a distance of 486.76 feet; thence 155.43 feet along the arc of a curve to the left, having a radius of 540 feet, a central angle of 16 °29'30" and subtending a chord bearing of North 16 °11'41" East a distance of 154.89 feet to the point of beginning. Said parcel contains 6.15 acres, more or less. INSERT LEASE AGREEMENT/ ACCESS AGREEMENT Vicinity Map Proposed Battlement Park T lAra UPI 1111'e-wow. aPiriArai glowor Garfield Coun ty Parcels Proposed Battlement Park Battlement P UD 4r 11 aa». Date- August 12, 2013-RJ Projection - Colorado State Plane Central Zone Data Sources - Garfield Count y, Esri, SGM 6SGM 0 2,500 5,000 10,000 15,000 20,000 Feet 1 inch = 5.000 feet e Parcels Within 200' of Proposed Battlement Park ti ^fry =. ter. BATTLEMENT MESA LAND NVESTMENTS PARCEL 2, LLOI PO Box 6000 Parachute CO 81653 BATTLEMENT MESA LAND NVESTMENTS PARCEL 6, LL PO Box 6000 Parachute CO 81653 .200' (Typ. GRAND RIVER OSPITAL DISTRIC 501 Airport Rd. Rifle CO 81650 GARFIELD COUNTY SCHOO DISTRICT 16 0 Box 68 arachute CO 81635 -0068 • = ATTLEMENT PLAZA • - TOWN CENTER, LLC PO Box 6000 Parachute CO 81635 t'\ 4"..4 • r. • r A. x51 ti, • BISHOP & DIOCESE OF COLORADO 300 Washington St Denver CO 80203 Legend 200 Ft Radius Parcels Within 200Ft Proposed Battlement Park I 1 - -CHURCH OF JESUS CHRIST • OF LATTER DAY SAINTS . 3. -.0 East North Temple Street, 22nd Fl ,.alt Lake Cit UT 84150 BATTLEMENT MESA RESIDENCE, INC .' 1510 Seventeenth St ' Denver, CO 80202 Ac • r e sr, D git t;ltlt�?, *Ge •E �e, c , tope .10cJrt e I IMF .aej Irinit* Date- August 13, 2013 -RJ Projection- Colorado State Plane Central Zone NAD83 Data Sources - Garfield County, Esri, SGM `SGM 0 300 600 1,200 1,800 2,400 1 inch = 600 feet Feet PARACHUTE - BATTLEMENT MESA COMMUNITY PARK SITE PLAN SUMMARY Exhibit A includes the entire legal description of the School District parcel in total as well as the park easement description. 6.15 acres of the School District parcel has been earmarked in the Battlement Mesa PUD for use as a park since the PUD was recorded. The 6.15 acre site has a gentle fall of about 30' vertical over 500' horizontal from east to west across the site. Two drainage easements run along the northern and southern boundaries of the site and will be maintained and enhanced for this use. Other significant on -site features are limited as the site has been previously disturbed and a large portion was used as staging and stockpiling of fill and rock during the construction of the middle school. Exhibits B &C describe in detail the entire master plan for the proposed park. Access will occur via an easement from Sipprelle Drive and is concurrent with the Battlement Mesa overall circulation plan and accommodates all future development that may occur to the north of the park. Required traffic control during construction of the park will occur on Sipprelle Drive. There is a wide shoulder on Sipprelle so truck movements and limited parking can be accommodated. All other staging will be able to occur on the park easement parcel. Approximately 60 cars will be accommodated in the parking Tots on the western edge of the property. Exhibit B shows all trails and park amenities to be phased over the next three to four years dependent on fund raising and access to grant monies. Approximately two acres on the northern boundary where vegetation of any significance lies will be utilized for a mountain bike skills course to be built at a later date. An 8" water line will service the park from the 12" line in Sipprelle Drive and an 8" sewer line will extend to the west through the adjacent parcel and connect to the main line in Spencer Parkway. All connection have been coordinated with the Battlement Mesa Development Company. Exhibit D shows all existing and proposed grades. Besides small playground structures the only structures in the park are small picnic pavilions which usually stand about 15' and a larger community gathering pavilion which will be approximately 25' tall. EASEMENT DEED AND AGREEMENT August This Easement Deed and Agreement (the "Agreement "), dated and delivered this 13th day ofd; 2013, is made by and between Garfield County School District No. 16, a Colorado School District and Political Subdivision of the State of Colorado, whose address is 251 N. Parachute Avenue, Parachute, CO 81635 (hereinafter referred to as "Grantor "), and Battlement Mesa Land Investments Parcel 2, LLC, a Colorado Limited Liability company, whose address is P.O. Box 6000, Battlement Mesa, CO 81635 and Community Holdings West, Inc., a Colorado Corporation and Battlement Mesa Land Investments Parcel 6, LLC, a Colorado limited liability company (hereinafter collectively referred to as "Grantee "). For good and valuable consideration, the receipt and sufficiency of which are hereby confessed and acknowledged, Grantor and Grantee hereby make the following grants, agreements and covenants: Grant. 1. Subject to the terms and conditions set forth herein, Grantor hereby sells and conveys to Grantee, and to Grantee's successors and assigns, a non - exclusive perpetual easement (the "Easement ") for a road and utilities, over and across the existing road now located on Grantor's real property described in Exhibit A. The location of the Easement is shown in general on the map attached hereto as Exhibit B and made a part hereof. Purpose. 2. The Easement shall provide Grantee and the general public with access to and from Grantee's property located in Section 8, T. 7 S., R. 95 W., 6th P.M., Garfield County as well as a tract of land covered by a park easement and legally described as shown on Exhibit C, or any part thereof, to and from an open public road, known as Sipprelle Drive, located in Battlement Mesa, P.U.D. Title. 3. Grantor warrants Grantee's title to the Easement, free and clear of all liens and encumbrances. Grantor's Rights. 4. Grantee's use of the Easement shall not be exclusive, and Grantor and Grantor's successors and assigns, guests and invitees shall have the right to use the Easement, but without interference with Grantee's use thereof. Construction, Repair and Maintenance. 5. Construction of the roadway, its repair, and maintenance of the Easement, or any segment thereof shall be the responsibility of the Grantee, its successors and assigns. 1 Easement Deed and Agreement Grantee's Use. 6. Grantee, its successors and assigns as well as the general public shall be permitted to use the Easement for vehicle and pedestrian access and utilities to and from Grantee's property, identified in Paragraph 1 above, or any other property hereafter acquired by Grantee. The phrase "vehicle access" as used in this Agreement shall be broadly interpreted to encompass pedestrian, motor vehicle, bicycle and other forms of travel for which roads in Garfield County, Colorado, are customarily used. Successor Owners. 7. The Easement may be transferred in whole or in part by Grantee to subsequent owners or buyers from Grantee of Grantee's property, identified in Paragraph 2 above, or any part thereof. Indemnity. 8. Grantee shall indemnify and save Grantor harmless from and against any and all claims, demands, actions, causes of action, suits, judgments, executions or liability arising from the existence of the Easement. Easement Appurtenant. 9. The Easement shall be an easement appurtenant to Grantee's property described in Paragraph 2 above and shall be deemed to run with that land as well as the real property described on Exhibit C. Binding Effect. 10. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. Recording. 11. This Agreement shall be recorded (and re- recorded if a revised Exhibit A is attached hereto) in the real estate records in the office of the Clerk and Recorder of Garfield County, Colorado. IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the day and year first above written. GRANTOR: GARFIELD COUNTY SCHOOL DISTRICT NO. 16, a Colorado School District and Political Subdivision of the State of Colorado 2 Easement Deed and Agreement Sk perinten ent GRANTEE: BATTLEMENT MESA LAND INVESTMENTS PARCEL 2, LLC, a Colorado limited liability company and BATTLEMENT MESA LAND INVESTMENTS PARCEL 6, LLC, a Colorado limited liability company. By: Authorized Agent COMMUNITY HOLDINGS WEST, INC., a Colorado corporation By: President STATE OF COLORADO COUNTY OF GARFIELD ) ss The above and foregoing document was acknowledged before me this day of July, 2013, by , Superintendent for Garfield County School District No. 16, a Colorado school district and political subdivision of the State of Colorado. Witness my hand and official seal. Notary Public My commission expires: STATE OF COLORADO ) ss COUNTY OF GARFIELD ) 3 Easement Deed and Agreement The above and foregoing document was acknowledged before me this day of July, 2013, by , Authorized Agent for Battlement Mesa Land Investments Parcel 2, LLC, a Colorado limited liability company and Battlement Mesa Land Investments Parcel 6, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: STATE OF COLORADO ) ) ss COUNTY OF GARFIELD ) Notary Public The above and foregoing document was acknowledged before me this day of July, 2013 by , president of Community Holdings West, Inc., a Colorado corporation. Witness my hand and official seal. Notary Public My commission expires: 4 Easement Deed and Agreement EXHIBIT A Access & Utility Easement A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Sections 8 and 17, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point whence the Northeast Corner of said Section 8 bears N33 °45'55E a distance of 4747.10 feet; thence 155.43 feet along the arc of a curve to the right, having a radius of 540.00 feet, a central angle of 16 °29'30" and subtending a chord bearing of S16 °11'41 "W a distance of 154.89 feet; thence S24 °26'26 "W a distance of 486.76 feet; thence 295.01 feet along the arc of a curve to the right, having a radius of 1540.00 feet, a central angle of 10 °58'34" and subtending a chord bearing of S29 °55'43 "W a distance of 294.56 feet; thence 396.56 feet along the arc of a reverse curve to the left, having a radius of 710.00 feet, a central angle 32 °00'05" and subtending a chord bearing of S19 °24'57 "W a distance of 391.42 feet; thence 40.21 feet along the arc of a compound curve to the left, having a radius of 25.00 feet, a central angle of 92 °09'15" and subtending a chord bearing of S42 °39'43 "E a distance of 36.01 feet to a point along the Northerly Right of Way line for Sipprelle Drive as recorded under Reception Number 541093; thence along said Northerly Right of Way line N88 °44'20 "W a distance of 130.08 feet; thence 38.48 feet along the arc of a non - tangent curve to the left, having a radius of 25.00 feet, a central angle of 88 °11'23" and subtending a chord bearing of N47 °09'59 "E a distance of 34.79 feet; thence 445.98 feet along the arc of a reverse curve to the right, having a radius of 790.00 feet, a central angle of 32 °20'42" and subtending a chord bearing of N19 °14'38 "E a distance of 440.08 feet; thence 279.69 feet along the arc of a reverse curve to the left, having a radius of 1460.00 feet, a central angle of 10 °58'34" and subtending a chord bearing of N29 °55'43 "E a distance of 279.26 feet; thence N24 °26'26 "E a distance of 486.76 feet; thence 121.66 feet along the arc of a curve to the left, having a radius of 460.00 feet, a central angle of 15 °09'13" and subtending a chord bearing of N16 °51'49 "E a distance of 121.31 feet; thence S61 °13'35 "E a distance of 27.91 feet; thence N74 °08'54 "E a distance of 55.18 feet; thence S57 °48'47 "E a distance of 3.90 feet to the point of beginning. Said Parcel contains 2.49 acres more or less. 1 A„ GRAPHIC SCALE \ ed, • ( ICE 1 Inch • 101 IL Legend - (45. Found Oran Cav 0 FoLn1 144.44 marked ano.. X 4 4. 4. d7.17.hr UNP1.4177Ell 114777232ENT 81554 RID fte.-apti.n f333476 CI, - - - - Nr.ri 00.4 Mc M. MIMI • laze 1 • ..--5 •-•-• tr81808o 8 71015. / • -._ ••••••■ Proposed 110. eosofn.t • Found /5 Pe. A.M. Coo le.ed 18480 - --- Rd Foud /58.4.01. 1210e C; 9129207- 81Z43' P•l Sipprelle Drive ao• RO4 A Rec. No. 54109J LAVE UNE Mae LEWIN 40556 Lt L2 12131 (08 0119.0* gmea sur,ratar 1.1 7075 7006991-6 449 t 5220356.4 60.75650.• 16 .3199 520*27425 L7 f05.05 P41•101.5 LS 27.91 96225555 5528 57408746 115.19 50746'415 111 L1J 114 44.20 582.55.19? 111.49 55745,475 3.90 65.7411V7Z L 700. /5 R.. • School Parcel 35.33 Acres ± Seggon.Cato rm. /5 Rebor Bross Cop Mork. 18480 TOWN CRATER 1111517 6 Recepzio, ":51-,41.9 MOW CURVE 14815 741.51 .000 0.040 0415 1095.07 774.87 404.42 758.83 AL 71. 40.1039- CI CJ 2000 71800 31.42 2600 12192 62.12 .9128 9420000? C4 CS C7 CS C12 MOO 2500 79000 146060 40006 14.1.92 361.18 .46 44506 27099 701.66 10000 .22 22011 144.7 61.19 3.57 54137 1079 44006 27826 121.5 469.32 50750505 xasul'rew .47.0e530 $1014.3617 9205.103? N1661'491' .00 40.21 2596 3801 11l4 C15 710.00 396.56 20160 1540.00 20.26 104.29 20810 li22•59'21? 5■259,31" 6•19•24V5 pawto• 11700.07' 50,02. 60 '21 1720 10.5.34- 5.9 J .tror, 92179.15. 32001,3 C. 154000 86.76 4139 8674 C17 5.00 135.0 7804 15089 1111•32•33? 57003•165 f116•11518 P4.54. "73'40- cza.ra 455. or am kotel ao. .55 Orre REM ERN MEIER ER IR, RIR RV RsEN EEO. •RERE sur. nter. Pn om Po teem / / ....,... 1 zt*14,57 * Mar. 10010 / . / /Found /5 P.or 0 \ • Akminurn COO / itoMed 11643 (2844 /5 16.or • 4.5. COP Mork. 116. 1. or.. ttlik 0.55 AP 3145611 4 -0 i; 4 • ' / / *4) / ;Z"' 118/59.4.48 4 51` 50' NMI of May Soak 140 Pm. 541 Fat. /5 Rodor Mo.. 11643 / 9°11 -5---Found /5 67. ktua....*/ Rebor4 tutoS Fauna /3 Rotar 7085 CEIrin eloMed 11643 / f Altmlnum FILJWO 16•951e .e0 Rd.ception di513•1"ri • P04084, /5 Rebar uminum Cap r • •So. Mar. 51400 1 6. Exhibit Map School Parcel Battlement Mesa PUD Garfield County, CO A Pomo/ 07 lond loco. in um.. Mtels of ljattlomont Mesa P50 as recorded 1/0801- 540.5(108 kanOter 353476. also 1.2 Axolotl within 0515. 8 and 11 1004400 7 South, Ron. 95 Pest of Prakkol 4.5895, 06,515 beks mom 76115.1, clescribed 60 fo.test 849859 of a pc. along 05 154144' *MI of 0707 /0. 5 the Ca. Valthment Porkwor as rec.. under Afeemfion 5455. 398268 one 393297, whence 5. 508heos1 Com., 0( 044 Section 8 boars 11171959E o Mlon. of 4971484 fee, Mo. 5oh9 Kw.* 047( 970744. 15. Wk. (3) 4.54. 500592,,,, km. 774.87 4v/ 0474 the oru of cum to Me riald 15549 0 fodiut 0/ 109592 fed o con(4* on. of 073059' a50 sidled. a ch. booring of 521.1.4.16 a oastance of 758.83 54// /hen. SaPJOU0-5 a 882.1-6. 07 79892 feel to e 6051 on Me Northerly NMI al Sete of 500.Ple P. 04 704408.8 un. Rocopleon Morn. 541660 theme along 0044 55112.4' kOht of troy the %op. six (6).5. 31,42 1.1 al. 24 arc of o corre to I. how829 a rod00 0( 2000 fed 0 cat(06 on. of ',onto' ord sod.. o chord Prorino of 680730•0616 e 0st0,4e 0( 2920 Ie. 94030.01 0 a Ms.. 5 14030 A. then. 12192 fed Mang tho arc of o 004 to ka 6905 o .00/5 4/ 7(909 Ara5 a cent. angle of 10•0470r * s69(04349 a Mord bean. of 1.3•109•016 091050. of 12326 feel: Ihonce h01730'00-5 dislance of 10140 feea 17.06. 561.58 Met 4479 the aro 070 fo tho PP. 1.59 o fad. 0( 0002, Isah 0 central on. 550•14.2..d soden.g a 0424 004/09 of 1613:17.10•91 050. of 543.37 14.5, the. fl81744•201, Piston. 5 617.0 feel to o pant Manse Me North.. Com. of sold Section 8 boors 1171131? • 40once of 6128.86 fee0 konc. 1846 fest .09 cm of non-fongent maw to Ow lok how. a rocato 4( 2514 fed 0 cent. ono. 0/ 331723' met 4*4(070179 o chore bear. of 54709691' a .tonce of .70 le. then. 445.03 .no the aro of a rem. come to apht, Ao552 o rcdos of 79000 .1, a contra .95 of 3.20.42. ond soak.. o Cho. boar. of 519•14:306 o 0ston. or 44000 5. 279.69 55 olook the oro of O rererse cu. (0 Mr IRA 5.7590 rooks of 16600 o 6.0/10/ 0095 of 10•5030 and sublending 0 chord P. of 1170.55•071- dd.. 5 279.26 feat Mence 112424060 asleneri 0( 326.79 15. 05. 12766 .1 along tho 5 co. /4 (he 451. PoMg a roam of 40509 a centrol on. 5 15.091E and sublondhp 0 4474 0.249 of 5/l0'5,'455, distance .1- 121.31 fee, men. s615.3.6 o aestan. af 27.91 fo. 117.70173.6 o task. of .ter 55748.476 476o40071/539 fook than. 56750.6 • dtdan. 08274,40 leak then. sarselor a eldlart. ,7 4524 teek Men. 60601.4710 • data. 5 52880 liett fhenCe 57013719r 2/ 054.0? feet to the point 4/ 4891.829. Sonf Pomet contains .9533240,0 more 4( 44.. Said Parc. am sok. to easements or. encombronc. of rec. Park rostment - A Par. of 5. kcal. in 8008/10841,40 el Oaltlemehl 1500 740 or moo.> ord. Rocep1an fkrn. 333478 .59 local. adhat 58460ns 8 one 17, kenship 7 South, Raw 95 2001 of the 0/5 Mendon, 10,50/2 County, 0010r084 4.59 mom 554714. os auk.: 855.9 at o peint Mon. Ma ...se Comer of spa Section 8 boors 1.3.563.8 a distanee of 474111 foop Mance 6174807.6 o 45l0,. of 111.49 /89: konce 56358d3E o dislonce .7 279.44 feel: Men. 58235'191' 0 caston. of 44.20 leek Mem. .60856.47'W e cktance of 418.00 feet. Mance 58434471,. .55. of 61197 M. (5551. 06.75 151 along the arc of o non-ton•r. co. to 151 4.5594 7,4/00/ 154000 feet 0 cohl. ang. 5 037340. ond suldmot. a Mord bear. el 92003760* • detent. of 86.74 fook theme 04202000 00t0,4t 0( 490.70 feet the. 1510 ket along arc el a corm to the Mt. hotOka rooks 0( 54500 1.1 6 control onale of 1629'10' ond sob...9 a chord booting of P1011P1r o astan. of 154.09 (00 ea 0. 7025 0( 2,00/1489. 5011 Parcel sas oar. mom or less. Accost LH. fa... A RENTER al lend loco". 5 unplatled lanes 01- 345/40.0.2 No. Pt. as 540.404 on. liacephan Number 335478 olso being local. trithin Sectiono 8 one 11 litenshto 7507/5, libas. 93 West 0( 15. 65 Principal Almdan, Corfield Comfy, Colons. 1559 mom porbaula. dna..8 or fokrat 0145580 at o paart Men. ow Nanghahne Cern., ni rad Saalian haa., N.1,13..e .7 4747(0 leak Mo. 155.43 ket akno the eva of o to ke dad hat. o rm. of 54000 feel. o control on. of (442950'00d eoblonefing a a.. boon. of 5165.4110 o estance of 1.89 loelt thmee S24•26.26-16 • distance of .076 fo. the. 29101 Met 01on9 50 om of o curm to 59 righ5 hoeing 0 rooks of 1540.00 fa04 o conavi an. of 103234- o. .nrfdeno95 4 470.5 beRnivs of 52055•4910 o distance of 2.56 6.1 MOW* 395.56 feet olorm the an of a cur. la 100 twang a roc. 5 71000 f.5 o ,..*./ 0091. 32•00•05. end sublmel/ 0 2/008 080080 of 610246.5 055. of 391.0 1.1.• thonco .21 foot alono arc 5 a compound cu. lo the lea MM. a r0.10. of 25.00 o cent. an. of 92•09.13- and subtend. o Mo. boaring of S42•39,12X o distance of 36.01 5. to PPM 559 09. 01 997 . .0.55 Otire . mord. v554 flecapl. Momber 5410. then. Mao sod Norlha. MON of Sae meetezo-or Oslo. of 130os 1005. thence 36407.55 along Ow am 01 a non-longent come to the le. hod. 4 rooks 5 2100 1.1 - centred anole of aril:V. one suede.. a Mo,5 tleatin, of 1.7099.6 a .tonce .1- 34.70 feet Mon. 445.98 feel along flue 010 of (004,48 Arra fo tigh/ had118 a todus of MOO fee5 a 6.790 on9le 0( 325542' oad sulk.. a M. bad. of 1•119•10.70E 0 distoo. 07 44906 501 Monoo 27069 (00( 04.9 the am of a mop7• cu6(4 (0 thy ie, haring a radius of 1400.00 55. o c.ffrs/ on. o1- (05834' and pd.., a o orel been. o((29'55'4300 distonce 5( 279,20 feet ken. 5202676.6 0 distonco of .6.76 Ihm. 1.604- .1210 6 c 55 okbaomy M 1. ot of 7 7 110f o .cur1v. e a eMstay 5o 1 1 of 1. 1151.31 the. f .0.00 ke, 1a a ceal. ol• anseance a 27.91 foe, km. 57408542 a Milan. .1- 55(0 (.0/; Marc. 5574557?, Md.. 0( 3.08 1.1 (0 the point of booletdno. Sod Pot. contoPs 249 acres mom or le. SCHMUESER 1 0095ON 1 MEYER enaehann• auna ..... SCHMUESER GORDON MEYER 118 W. 15.64 STREET, SurrE 200 05(90000 Srmmos. CoLonwoo 6 160 1 1070) 945.1004 FAX 1970) 945•5946 ASPEN, 00500000 1970) 925-6727 CRESTED BUITE. CO (9701 399-5355 School Parcel Battlement Mesa REVISION DIE 60.9 L.* REAVES M/W45 Prot0so0..... end GORE 1.0114,2 404 ./1407 9I10ONY misal 0 4444 0/4041. NON .4007 ImprElory Rasta, by RERII Exhibit Map Jos mr. 2006-479.002 Omm RES Do. 01/02/07 Amore. 1 or 1 EXHIBIT C Park Easement - A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Sections 8 and 17, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point whence the Northeast Corner of said Section 8 bears N33 °45'55 "E a distance of 4747.11 feet; thence S57 °48'47 "E a distance of 111.49 feet; thence S63 °58'43 "E a distance of 279.40 feet; thence S82 °55'19 "E a distance of 44.28 feet; thence S08 °46'47 "W a distance of 418.88 feet; thence S83 °34'47 "W a distance of 611.97 feet; thence 86.76 feet along the arc of a non - tangent curve to the left, having a radius of 1540.00 feet, a central angle of 03 °13'40" and subtending a chord bearing of N26 °03'16 "E a distance of 86.74 feet; thence N24 °26'26 "E a distance of 486.76 feet; thence 155.43 feet along the arc of a curve to the left, having a radius of 540.00 feet, a central angle of 16 °29'30" and subtending a chord bearing of N16 °1141 "E a distance of 154.89 feet to the point of beginning. Said Parcel contains 6.15 acres more or less. r, Reception #: 733706 09/2412007 11-21 57 AM Jean Alberico 1 of 4 Rec Fee:$21.00 Doc Fee:0.00 GARFIELD COUNTY CO EASEMENT FOR PUBLIC PARK THIS AGREEMENT is made and executed the fifth day of July, 2007 by and between Garfield County School District No. 16, a Colorado school district and political subdivision of the State of Colorado (the "District ") and Community Holdings West, Inc. a Colorado corporation ( "Community Holdings "). Such parties are collectively referred to as the "Parties ". WITNESSETH: the District, for good and valuable consideration and subject to the terms and conditions hereinafter expressed, does hereby consent to the construction, operation and maintenance of a public park by Community Holdings on the real property described on the attached Exhibit A. The purpose of this park is to provide an amenity for the Battlement Mesa PUD allowing its residents a place to recreate and may include, without limitation, such facilities as parking, lights, playground equipment, benches, picnic tables, tennis courts, ball fields, a swimming pool, walking and jogging paths, a fitness course and the like. PROVIDED, however, Community Holdings agrees: 1. Once constructed, the park will be properly maintained and will not interfere with the District's other activities onits property; 2. To indemnify, save and hold harmless the District from and against any and all claims, demands, actions, causes of action, suits, judgments, executions, or liability whatsoever which may be brought, arise, or come against the District by reason of the existence of the envisioned park on the real property of the District. 3. The District shall not be engaged in the operation or maintenance of the park or recreation facility contemplated by this Easement for any reason, including for purposes of the Colorado Governmental Immunity Act, C.R.S. § 24-10 -101, et seq. 4. This Easement shall not constitute nor represent any type of joint venture between the District and Community Holdings or its successors or assigns. This easement shall be assignable. This easement shall have an initial term of twenty -five years, commencing on the date of the execution of this agreement. Community Holdings or its successors shall have the option to extend the term of this easement for three (3) 1 W J E 3 m ca 8 c. a G 16 Fa eit ga 3 0L6 c E 3 1a ms 1111 F'a' i MM. M. 'H1M WM 1101 Reception #: 733706 09/24/2007 11 21.57 AM Jean Alberico 2 of 4 Rec Fee.$21.00 Dec Fee:0.00 GARFIELD COUNTY CO additional twenty -five year periods by providing the District written notice of its desire to extend the term of the easement within ninety (90) days prior to the expiration of the initial term, or an extended term as the case may be. IN WITNESS WHEREOF, the District and Community Holdings do hereby execute this agreement on the day and year first above written. Garfield County School District No. 16 By: I a-%--k--L` 2� Its: Board President Attest( r_ t CL) ) ( /1 Jao Its: Board Secretary Date: '71\ ;.'\ —1 Community ln dings West, Inc. By: Its: • orized Agent State of Colorado ) ) ss. County of Garfield ) The foregoing instrument was acknowledged before me thisrday of July 2007 by -e_ , the Board President for Garfield County School District No. 16, a Colorado school district and political subdivision of the State of Colorado. Witness my hand and official seal. State of Colorado ) My Commission. expires: ---h Notary Public 2 1111 P? ? FRUMP .141,1 (,14i(I r'4,'i ns l 11(11 Reception #: 733706 09/24/2007 1121 57 AM Jean Alberico 3 of 4 Rec Fee $21.00 Doc Fee:O.00 GARFIELD COUNTY CO ) ss. County of Garfield ) The foregoing instrument was acknowledged before me this9 "day of July, 2007 by Eric Schmela, Authorized Agent for Community Holdings West, Inc., a Colorado corporation. Witness my hand and official seal. ii d My commissione,---------pir Notary Public 3 FUTURE DEVELOPMENT PARCEL MIDDLE SCHOOL SPORTS FIELDS EXHIBIT B LEGEND 1. Arrival Parking -44 Spaces 2. Arrival Parking - 24 Spaces 3. Arrival'Delta'/Demonstration Garden 4. Specimen Tree w/ Benches and Donor Bricks 5. Bike Parking for 15 Bikes 6. Mountain Bike Skills Course Entrance 7. Mountain Bike Skills Course - Beginner Loop 8. Mountain Bike Skills Course - intermediate 9. Switch Backs, Small Rock Obstacles 10. Mountain Bike Skills Course - Advanced 11. Seesaw, Elevated Bank turns, Large Rock Obstacle, Log. Balance 12. Restrooms and Maintenance Storage 13. Performance Stage - 20'x35' 14. Bocce and Horse Shoe Courts 15. Geology Interpretation /Seating Steps 16. Flex Lawn Space - 160'x210' 17. Picnic and BBC(Area - x3 Sail Shades 18. Concrete Path 19. Shelter - 10'x10' 20. Large Gathering Shelter - 20'x20' 21. Fitness Trail Course Start 22. Fitness Trail Course Station 23. Existing Tree 24. Homestead Play Area 25. Western Town Play Area 26. Bandit Play Area 27. Rock Scramble /Mining Play Area 28. Splash Park 29. Swings 30. Restrooms 31. Sledding Hill 32. Future Parking FUTURE ROAD ALIGNMENT connect one PARACHUTE BATTLEMENT MESA COMMUN WY PARK APRIL 16th, 2012 MASTER PLAN EXHIBIT A 1 A 1 GRAPHIC SCALE (vl rest) 1 &ob - 100 n. Legend - Found O Found *0 Brag' Cap Monument marked al .hOwn / / proposed 120' 0,0/0959 / Easement / Proposed Pork £osemenl 6. 15 Acres t 111 _ _ 433'45 24�E' 4747 10' I 11'1.1T'rh'a 11111111 .. 1'7' 11F..V 1 PUP 376Oj•49t' 8,'34( 6/ ..1 Drown. a u/h'ly losema ? Red, Na Beres 10 26' C 13008" y^ - i/eir 'W 417.4.3' Sipprelle Drive Roc, No, 54109.3 LINE TABLE IKEEVAIMMUMan [113£ MENt1• IMMINEESIMMMEINNA IMANIKEEEMI '4 EFILEMEIMMEIM 80 ROW } Found /5 5040, ,Found /5 Radar & .f l;' Ahuminum Cap Marked 18480 j'- Reg Marker Found /5 Rebor de CO AWmAwm Cop &forked 11543 f Proposed 100' 0. 0.0690 £Oaame ll School Parcel 35,33 Acres ± Pound /5 Reber 8 &mat Co Narked 18480 TOWN CENTER FILING 3 •'oceplldr7 /g'51341 et CURVE RADIUS 1095.92 2000 CI 02 03 C4 C5 C6 C7 08 012 013 014 015 C16 C17 540.00 15543 76000 640.00 25.00 790.00 146000 460:00 1085.92 15.00 710.00 1540.00 1540.00 CURVE TABLE [ENCiN TANGENT CHORD 8£um1N0 NOM 774.87 404.47 758 83 .4 1 4 IRINA 20.00RT1� _JOO.05 1� IfirlfEMECEEIIWOINICIthcowitill *a%a ��%t114 YF1I lireralffrabli 56952 __weirs •r +10.10 25.96 36.01 FREMENI 396.56 20360 391.42 Ruvllhl0 1ST 313'40' OfL 04 86.76 4J. 39 7826 8674 1 54.89 N76"03'16T 50'14 '21' rp fa cows, L. ynu mwf commando try regal action loosed Wort an7 6.001 M MO euvs• Fidel Dow year. offer yew hrel Oleo." sunk defect b n: ev of may any legal IOW Dome upon any drier. erte .o.o front 0 e be dale of eve,,0Y a4an elven 5CHMUESER I GORDON 1 MEYER _ .0010crn I -.. .._ 50und /5 Reber & "Valmont Cop Marked 11643 Found /5 Reber dr- Brass Cop Alarked 18480 ,!Found /5 Reba, & ! Aluminum Cap ,4larked 10643 Found /5 Reber Aluminum Cop Marked 11643 Found /5 Reba & 5.3 , Aluminum Cop Marked 1164J 50' Righl of Way Western Slope Gos Co. Book 340 Pogo 543 Found /5 Reba, & Aluminum Cap (< 9 arked 1$64J t , 6�3% Way Eeneal Rat. lea Wed Found /5 Reba/ & Aluminum Cap Marked 11813 TOWN CENTER FILING 5 Reception lir1.34'9 Found /5 Reba! & Aluminum Cop Marked 18480 Found /5 Radar & Aluminum Cap timed 11543 +--- -Found /5 Of N � `►�Rb .I.. ors P OC%iEI f'11JNG NO. 0 Ate No . %.!i77* 560nt Re50' k Arum, Cap 111056 k 4 / Drainage & L?•R'ty tar.menl Rec. No. J90766 SecUan 8 Nartheasl Corner Exhibit Map School Parcel Ba t tlexn en t Mesa PUD Garfield Co un ty, CO A Parcel of Send WOO In W4060Olfed Ands of Botllornenl Nese 500 of recorded under Recapfkn Number 333476, oleo being located within Sections 8 and 17, Fownelgo 7 South. Range 95 West of the 6th P4inclpol Meridian Conleld County. Colorado, be4g more partkukry descibed as follows; 609innin9 at a paint along the Westey Right of Way line of fhs Coat Battlement Parkway as recorded under Reception Numbers 398268 and 398297, whence the Northeast Comer of told Section 8 bean NI71996T a distance of 4978.84 feet; thence along said Wasteb' Right of Hay line the following three (3) courses; 500•59'21V a distance of 123.31 feel; thence 774.87 Net along the are of o Cum to the right hoving o rogue of 1095.92 feet, a central an9/e of 40'50'39" end subtending a chord bearing of 529'14'41' a distance of 75883 feet; Lance 541'3000W a &Wane* of 168.32 feet to a point on the Northerly Right of IV One of Sipprelle Ortve as recorded under Reception Number 341093• thence along sold Norther& Right of Way km the followng ash 0 courser 31.42 feet along the ore of a curve t0 the right, Moving 0 rodlus of .20.00 Net, a central angle of 99'0000 and suffond/np o chord bearing of 366'30'0012 a &'thane* of 2828 feet; thence N46'J000W o distance of (49.38 feel' thence 123.92 Net along the are 01 a curve 10 Me right Aching a NAW& of 71000 feet, o control an904 of 1027001' and subtending a chard bearing of 404330'00W a distance of 123.76 /09/ Menet NJ8'JOCOW a distance of 900.46 feel' thence 561.18 Net olan9 the ono of a curve to the Not having a mew of 640.00 tee, 0 central angle of 50'1421' and subtending a chord bearing of N8JJ7'I0W a dlatance of 54337 feet; thence N6194420W a dhlave of 617.43 feet to a paint whence the Northeast Comer of sold Section 8 bears N32"11.527 a distance of 8128.86 f..1, thence 38.48 /eel along the are of o non- t009e11 Curve fa the lei/ having a radius of 2500 feet, o central angle 27 81911'5' and sublendln9 a chard bearing of N470959( o Monte of 34.79 feet; thence 445.98 feet along Mt or of 0 COMM. Curve to the right having o radius of 290.00 feel, a cenHal angle of 32•20•42' and subtendn9 a chord betting of N19'14J8T a dilene, of 440.08 feel' thence 279.89 Net along the are of 9 reverse curve to 114 M4, Aso a9 0 gd8s of 1460.00 feet, a central angle of 10'58'54: and subs hg a chord bas4ng of 42955'422" o &stance of 279.26 WI; thence N2426781' o distance of 486.76 feed 94enoe 02168 feet along the orc of a curve to the N4, having o roan al 46000 P0iL o central angle of 75'09'13' and subtending a chord bearing of 1718-51449'T a distance of 121.31 feel. thence S81'1JJ5T o ditana* of 27.91 keg; N74'0834T a &stance or 535.18 feet thence 557'48'47r a &stones of 11539 feel; thence S63'58'43'>~' o distance of 27240 feel; thence 582'SS'19T a distance of 44.28 feel; thence 508'46'47W a distance of 418.88 feet thence 576'07'19? a dialance of 854.61 feet to the point of beginning Said Parcel contains 3533 acne more err lest. Said Mewls ore subject to mourner* and encumbrances of retard. Pork Easement - A Parcel of fond located In unp/atNd ands of dittNmsnl Mesa RUM as worded under Reception Number 333476, also befog located within Sections 8 and 17, Townshlp 7 South, Range 95 West of the 668 Prbnlpal 46.44.80, Garfield County Colorado, btnhg more policu/0ry discard os ✓shows.' 8091nnin9 at a point whence the Nor9tost Comer of said Section 8 bean NJ545'55? o dhtance of 4747.11 feel; thence 55718'47T a distance of 111.49 fed; thence 383'58'43? o distance of 279.40 feel' thence Ser6?'19 ( a distance of 44.28 teat thence s48'4a 47W o drahnM o✓ 41688 441; thence 585'34'47W o drslence of 611.97 fes1' thence 86.78 feel along the ore of a non- tangent curve 10 the lee. having 4 rodlus of 154000 feet, a central angle of 0.913`40' and subtending a them' bearing of //26"03167 a distance of 86.74 !eel; thence 0124'28762' a distance of 486.76 feet; thence 155.43 Not along the arc of a curve to the h4, ho0ing o radius o! 540.00 feel, a central on91? o✓ 16'29'30' and subtending o chord bearing of Net; l'41 T o di'sfonee of 154.89 feet to the point of begAning, Sold Parcel contains 815 00/41 more Or Ass. Access A• Utah, Casement A Parcel of land fondled In unplotted lands of Battlement Meta PUD os recorded under Reception Number 333475 also being located whth1n Sections d and 11, Township 7 South, Range 95 West of the 6th Principal £#094/0o, Garfield Court&, Colorado, befog more padkulady dsscnbed as folmwsr &eginn109 al a point whence the Northeast Comer of sold Section 8 beam N73'4335E o distance of 4747.10 feet,' thence 9.5843 feet along the o,c of a curve to the night, having o rodlus of 540.00 feet, o csnlrol angle al 1679'30' end eubten&hg a chord bearing of 516'714114 o distance of 154.89 feet Monde 524'16'26'W o &'stance of 488.78 feel; thence 29501 feet along the arc of t curve to the right hmeng a adiw of 1540.00 feel o central angle of 103834' and subtemf49 o chord bearing of 52731'42'# a dlslonce of 294.56 feel; thence 395.55 lest along the arc of o reverse Gam 10 the /eh., Having a r04lu9 of 11000 feel o control angle J2'0005" and subtending o chord bearing of 51924'571V a distance of 391.42 fed; thence 40.21 feet along the arc of a compound curve to the N4, having a radius of 25.00 feet a control angle of 92'[9'15' end subtending a chord &ming of S423945? a dhknce of J6.01 Net to a point along the Northerly Right of Nat 11ne kr So,pm/e Go've as retarded under Reception Number 5410937 thence along said Norther& ROW of Nay /Tins 8188•41'0W a detaoce of 93008 feet; thence 34148 her along the oft of a non - tangent cum to the left, having a radius of 7500 Net, a central angle of 8491123' and subterteth$0 a chord bearing of N4709'59'E 9 distance of 34.79 feet; thence 44598 feet 01919 the e,, of a nt.Yme Curve to the right hoeing a radius of 790.00 feet a central angle ar 3270'42' and subtend4rg a chord bearing of 1119'14'58? a dhtance of 440,08 Net; thanes 27469 feet along the are of c reverse cum 1a the N/0 having o radius of 1480.00 Nat, a central angle of 10.58'54' and subtending a chord twang of 529'55'43'E o distance of 279.28 feet thence 524'26'5'9 o distance of 48678 Nat thence 121.66 feet along the arc of a curve to the lilt, having o radius of 460.00 feet, a Central angle of 15'09'13' and subtending a chord basing of 51651'40T o distance of 121.31 feet thence 351'13'33? a diatoms of 27.91 feet; thence N74'08'4? a dlsknt of 55.18 feat thence S5748'4rE o distance of J.90 het to the paint of beginning. Said Panel Contains 2.49 ants more or lest. SCHMUESER GORDON MEYER i 18 W. 6TH STRCCr, SURE 200 GLENWOOD SPRINO9, COLORADO 8I 60I (970) 945. 1 004 FAX 69701 945.3948 A5PCN, COLONADO (970) 929.9727 CRCSTEO Burt, CO (970) 349'5355 School Parc( Battlement M'a REVISION Bound. & Le -1 Revised P "•aped Easements and Conine Eosemenl added Bound: reused k Pro . Deed easements added Bounds revised by ! /40n1 NTT 87 al ,17 7 r7 Exhibit Map Job Na 2008-479002 Drown tic 0.9. 01 02 07 Aopeav ' r - -lo-01 607 OF a SURFACING LEGEND Engineered Wood Fiber (EWF), Groundcover /Sod /Shrubs Sand Poured in Place Rubber (PIP) Decomposed Granite (DG) Sod /Native Revegetation SPLASH PARK Ilil d I IIl I1f 111I11II IIII%1II I I111I1I }II I111Ul IlI IIIII1lIII1II11II µ.r I1i61111111111111HIIIIII ROCK SCRAMBLE MINING AREA YOUNG ADVENTURER'S CAMP :�tj - � �IInNiY �1�i�,►1v A�,�'iV��- ..Y'�� 1f, _7kfE BAAIUT PLAY AREA ARACHUTE 1 BATTLEMENT MESA COMMUNITY PARK EXHIBIT C LEGEND 1. 30' Long In- Ground Slides 2. 10' Long In- Ground Slides 3. Rope Climb 4. Landscape Steps 5. Manual Water Pump 6. Water Course w/ Sluice Gates 7. Tented Sand and Water Play Area 8. Balance Beams 9. Hop Scotch Course 10. Monkey Bar Railroad Trestle 11. 15' Long 'Rail' Tunnei 12. Parallel Bars w/ Cow Head 13. Ranch Entry 14, Orbital Spinner 15. Fire Circle w/ Chuck Wagon Shade Seating Areas 16. Saddle Swings 17. Music Shop 18. Saloon /Hotel 19. Bank 20. Rall Depot 21. General Store 22. Restrooms 23. Zip Line ROCK SCRAMBLE /MINING AREA THE RAIL ROAD THE HOMESTEAD THE WESTERN TOWN 24. Watch Tower w/ Scramble Net 25. The 'Forest' 26. Mini Balance Beams 27. Mini Cave 28. Mini Chuck Wagon 29. Mini Rock Scrambling 30. Mini Slide 31. Water Tower Bucket 32. The 'River' Channel 33. Industrial Water Feature - Pop Jets 34. Farming Water Feature - Rotary Heads 35. Domestic Water Feature - Shower Heads 36. The Reservoir 37. The Aquifer Return THE BANDIT AREA YOUNG ADVENTURER'S CAMP SPLASH PARK SCALE: 1 " =10' 1 connect one DESIGN APRIL 16th, 2012 PLAY AREA ENLARGEMENT r Preliminary Not For Construction LIMIZMISALSZLICEVA2 PXASE r IARI7/01RA' 24LCWA770S GfNLROW USWO2 771gr FOLLOWING MPS: 7. LIMNING CWS710 CRAM' S' ram TTIP$00L ROAM. 7. L0 42RM Q RMPSWD OR47f AREA R' airsof' 2f CRAIirIO AREAS frW TOPSOB PLACDIENT. J. LOWERING nm2410 CRAOf AREA e 141M7 CRAWLED ,4PEA x MTROOT sKxN LANs 142011701 Graphic Stole 0 40 10 ISO In rest 1 e ea• it 1' hi nivRf LZE67RLC LAW ROUX SCRAMBLE ARIA fUR9Rf ObtNIACRWR wow (APPR(1X/1N7Ef EXHIBIT D &WOOL FM= JIM MATS A &CESS 1417ERHIL BERM L0007041 APP770.4407E 7Rw224341 MOAN 4' f/N,vl, 4' TOP IW04 .07 WE SLOPES (1,10151VRe MOLT N0 FO 20. All 22CfSS cur 42O2RNLL TO COMPACTED BE ASPOSE0 OF BY 2N2ARO440 NC BERM AS Wefc10 PARR 7W001 CRAM m Bf .4NVSiu a 7Rf17ED MO COMPACT!) 70 9OX AUK fASOAle RRLRE SOW 14STALL4770Nr (4PPNYIJ4I a fY (11310PS) TWO L' PVC S2Ei0!S /P 'giiii 'ii ?ii :i y 111111,}1111 er,' f.:iusf g 3 wise MUM' c1S AYO ABM f7J1URf US( O J' 7128 •..••' "i'. V1 HOSPITAL ALMA Lai ACITCS Mwpor LbWS77 xThwO WOlftp 22'. � Lasr cANn .' , ' f i _ --sees %-411.1,11,r1 4 r �._ ._�- sees._.._ _._` - h•j' - •_ •-e^ 4gt - K91- �__.'-t--_,---,. ^��._�i~~— - - ▪ -t — 1t,� �Mel - °— , :_ -: -- ` y - - `_"^ 6SGM 11e West Sixth Street, Seiie 200 Glenwood Springs, CO 81601 970.94$,1004 %ww..mdnc•com Battlement Park - Phe 1 Parachute /Battlement Mesa Parks and:reation District Revision Dale r A,, kb Ne. Orawn Dole: 0c. Proposed Conditions 2013 -32 }.001 N5 7/24/2013 Am P0: OK 0i 3 9 J 1l 1INIAIWANW+VOIEVNIN'iIWIWN 1I II! Reception #: 733706 09/24/2007 11:21 57 AM Jean Alberico 4 of 4 Rea Fee.$21.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A A parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception No. 333476 being located within Sections 8 and 17, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point whence the Northeast Corner of said Section 8 bears N. 33 °45'55" East a distance of 4,747.11 feet; thence South 57 °48'47" East a distance of 111.49 feet; thence South 63 °58'43" East a distance of 279.40 feet; thence South 82°55'19" East a distance of 44.28 feet; thence South 08 °46'47" West a distance of 418.88 feet; thence South 83 °34'47" West a distance of 611.97 feet; thence 86.76 feet along the arc of a non- tangent curve to the left, having a radius of 1,540.00 feet, a central angle of 03 °13'40" and subtending a chord bearing North 26 °03' 16" East a distance of 86.74 feet; thence North 24°26'26" East a distance of 486.76 feet; thence 155.43 feet along the arc of a curve to the left, having a radius of 540 feet, a central angle of 16°29'30" and subtending a chord bearing of North 16 °11'41" East a distance of 154.89 feet to the point of beginning. Said parcel contains 6.15 acres, more or less.