HomeMy WebLinkAbout1.05 Resolution 1992-56FECORDED AT 4 o' CLOCK P. M. JUN 2 9 1992
REC A ‘136262 MILDRED, ALSDORFF COUNTY CLERK
STATE OF COLORADO )
)ss.
COUNTY OF GARFIELD )
Bock 835 Ncr305
At a regular meeting of the Board of County
Commissioners for Garfield County, Colorado, held at the Courthouse
in Glenwood Springs on Monday, the 29th day of June, 1992, there
were present:
Arnold L. Mackley , Commissioner Chairman
Marian I. Smith , Commissioner
Elmer (Bucket') Arbaney , Commissioner
Don K. DeFord , County Attorney
Mildred Aisdorf , Clerk to the Board
when the following proceedings, among others were had and done,
to -wit:
RESOLUTION NO. 92 -056
RESOLUTION CONCERNED WITH THE APPROVAL OF AN APPLICATION
OF THE ASPEN GLEN COMPANY FOR THE ASPEN GLEN PLANNED
UNIT DEVELOPMENT REZONING AND APPROVAL OF ITS PLAN
WHEREAS, the Aspen Glen Company has filed an application with
the Board of County Commissioners of Garfield County, Colorado, for
approval of the Aspen Glen Planned United Development rezoning and
its Planned Unit Development plan;
WHEREAS, the Board of County Commissioners has now considered
that application.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF GARFIELD COUNTY, COLORADO, that based upon the
evidence, sworn testimony, exhibits, study of the comprehensive
plan for the unincorporated areas of Garfield County, comments from
the Garfield County Department of Regulatory Offices and Personnel,
and the Garfield County Planning Commission, and comments from all
interested parties, this Board enters the following findings and
conclusions:
FINDINGS
1. The application was filed with the Regulatory Offices and
Personnel Department of Garfield County on March 3, 1992, and
referred to the Planning Commission on March 9, 1992.
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2. The Garfield County Planning Commission reviewed the
application and recommended approval of the application with
certain conditions on May 7, 1992.
3. The Board of County Commissioners established a date for
public hearing on the application to commence on June 1, 1992 at
2 :00 p.m.
4. Pursuant to evidence produced at the public hearing on
this application, the Board finds:
a. All property owners adjacent to the property that
is the subject of this application received notification of
the date, time and location of the above referenced public
hearing by certified mail, sent at least fifteen (15) days
prior to the commencement of the hearing;
b. Notification of the public hearing was published in
a newspaper of general circulation at least thirty (30) days
prior to the commencement of the hearing;
c. The substance of the mailed and published
notifications substantially informed interested parties of the
subject matter and location of the requested rezoning.
d. The Board of County Commissioners has jurisdiction
to conduct the public hearing on the application and render
a decision thereon.
5. The hearing before the Board was extensive and complete,
that all pertinent facts, matters and issues were submitted, and
that all interested parties were heard at the hearing.
6. Pursuant to Section 4.02 of the Garfield County Zoning
Resolution of 1978, as amended:
a. The PUD will provide necessary commercial and
recreational facilities conveniently located to housing;
b. The PUD zone district text and map direct the
dwelling type, bulk, density and open space in a manner
consistent with existing zoning laws;
c. The PUD provides a variety of housing types in a
layout allowing for open space ancillary to the buildings;
d. The PUD will provide a more efficient sewage
disposal system through the development of a regional
wastewater treatment facility;
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e. The PUD will minimize the traffic burden through the
development of an upgraded State Highway intersection and the
improvement of County Road 109 at the partial expense of the
developer;
f. The PUD, if developed to its full extent, will
result in an increased assessed valuation to the property;
g. The PUD process was used to develop a plan for the
area that preserves the site's relationship to the river,
valley floor, and adjoining hillsides;
h. The PUD will be developed in phases consistent with
the ability of the infrastructure's capability to meet the
development's needs.
7. The PUD, subject to strict compliance with conditions set
forth herein, is in general conformity with the Garfield County
Comprehensive Plan, pursuant to the provisions of Section 4.04 of
the Garfield County Zoning Resolution of 1978, as amended, and
Section 24 -67- 105(1), C.R.S., as amended.
8. Subject to Section 4.07.01 of the Garfield County Zoning
Resolution of 1978, as amended, the Board of County Commissioners
herein find that subject to strict compliance with the conditions
set forth herein, the Aspen Glen Planned Unit Development will meet
the standards and requirements of Section 4.00, et seq. of that
Zoning Resolution.
9. The requirements of Section 4.07.03 of the Garfield
County Zoning Resolution of 1978, as amended, are met as follows:
a. Subject to the conditions set forth herein, the
impacts of the PUD and its surrounding area are appropriate
with all unreasonable adverse affects being minimized;
b. The proposed PUD provides adequate internal street
circulation for the traffic generated by the development. The
private internal streets provide adequate access for fire and
police protection, as well as bicycle traffic;
c. Under the conditions set forth herein, the PUD
provides adequate parking for all proposed uses;
d. Under the terms and conditions set forth herein the
Aspen Glen PUD provides common open space that is adequate
both for the usage of its own residents, as well as members
of the public. Through use of dedicated public areas, as well
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as common open space, the natural features of the terrain,
including the Roaring Fork River, the wetlands, and wildlife
habitats are preserved and incorporated within the
development;
e. Under the terms and conditions set forth herein, the
Aspen Glen PUD provides for a variety of housing types
including single family units on various lot sizes and
multiple family units. Additionally, commercial and
recreational facilities necessary for the enjoyment of the
development are provided on site. The common open space
provides a variety of recreational activities including golf,
boating, fishing, hiking and horseback riding;
f. Under the terms and conditions set forth herein,
adequate privacy is provided between the dwelling units
through lot sizing, building envelopes, and architectural
control; and
g. Under the terms and conditions set forth herein, the
PUD provides pedestrian ways and trails abutting natural
terrain features to and along recreational features including
the golf course for internal pedestrian circulation.
10. Subject to the conditions set forth herein, and pursuant
to the terms of Section 4.07.04 of the Garfield County Zoning
Resolution of 1978, as amended, the Board of County Commissioners
hereby waives and modifies the maximum building height limitations
to allow an increase in heights for the following reasons:
a. Under the conditions set forth herein, the increase
allowed will have little affect on surrounding slopes and
mountainous terrain;
b. Under the terms and conditions set forth herein,
and pursuant to agreements with adjacent landowners, thg
visual affects on adjacent sites will be minimal;
c. There will be no extreme contrast or influence upon
vistas and open spaces for the building heights allowed
herein; and
d. The uses of the buildings for which building height
increases are sought are of a magnitude requiring increased
height.
11. The proposed PUD, under the terms and conditions set
forth herein, will allow clustering of development in some areas
permitting the creation of additional open space.
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12. The overall density of the development, under the terms
and conditions set forth herein, and pursuant to the provisions of
Section 4.07.06 of the Garfield County Zoning Resolution of 1978,
as amended, will allow development of less than four (4) dwelling
units per acre. However, no transfer of densities within the PUD
shall be permitted from those zone districts and densities approved
herein under the terms and conditions set forth herein.
13. The PUD exceeds the minimum number of acres required for
PUD size.
14. More than 25% of the PUD is devoted to common open space.
15. Under the terms and conditions set forth herein and
pursuant to the PUD Development Plan attached hereto as an exhibit,
the PUD demonstrates the location and total acreage for each
proposed use together with the limitations on lot size and total
density within each use.
16. Pursuant to the conditions set forth below, all uses by
right, conditional uses, minimum lot areas, minimum lot coverage,
minimum set backs, maximum height of buildings, and all other use
and occupancy restrictions applicable to this PUD are hereby
approved by the Board of County Commissioners as set forth herein.
17. Pursuant to the provisions of Section 4.08.05 of the
Garfield County Zoning Resolution of 1978, as amended, the
applicant included in their written request for PUD rezoning all
of the followings
a. A statement of ownership interest and written
consent of all property owners;
b. A proposed plan indicating the maximum number of
dwelling units, the minimum acreage, dedicated common open
space, type of proposed uses and acreage devoted to uses, a
proposed major internal circulation system, the acreage
dedicated to school sites or payment in lieu thereof, the
general location of commercial sites within the PUD, the
manner in which provision for water, sewer, telephone,
electric, and gas would exist, and other necessary
restrictions sought by the applicant;
c. A regional location map showing the location of the
proposed PUD in relationship to connecting roads and other
public facilities;
d. A site map indicating the boundaries of the PUD, its
acreage, existing structures, and existing zoning;
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e. A site topographic map with five feet contour
intervals was tendered. Additionally, a map indicating
floodplains and wetlands was submitted;
f. Under the conditions set forth below requiring
amendment of the legal description, a legal description of the
area which the applicant wished to include in the PUD was
tendered;
g. The applicant tendered a written statement setting
forth the objectives to be achieved by the PUD, a development
schedule, which subject to the conditions set forth below
contained beginning and completion dates for construction,
copies of covenants, conditions and restrictions, which have
now been amplified as set forth herein, a list of property
owners within three hundred feet (300 ft.) of the boundaries
of the PUD, and a statement by a licensed engineer that
provided information concerning the proposed source of water
to the PUD, "a proposed method of sewage treatment, which
statement has now been modified pursuant to the conditions set
forth herein, the general manner in which storm drainage will
be handled, subject to the conditions set forth herein, and
a general manner in which provision would be made for
potential natural hazards, including landslide areas,
floodplain areas, and unstable soils, all of which are subject
to the conditions set forth herein;
h. Easements, or the right to obtain easements for
vested legal access for ingress and egress to a public road
have been provided; and
i. The PUD, subject to the conditions set forth herein,
will be designed with the consideration of the natural
environment of the site and surrounding area, and will not
unreasonable destroy or displace wildlife, natural vegetation
or unique feature of site.
18. Subject to the provisions of Section 4.08.06 of the
Garfield County Zoning Resolution of 1978, as amended, the Board
of County Commissioners find that no portion of the PUD
conditionally approved herein may be occupied until appropriate
final plats have been approved by this Board.
CONDITIONS OF APPROVAL
The foregoing findings are specifically entered subject to the
adoption of and strict compliance with the conditions set forth
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below. Such conditions are a result of consideration of all
evidence, including extensive public comment.
STATE HIGHWAY 82
1. Prior to consideration of a Preliminary Plan application
as defined by the County Subdivision Regulations, the
applicant will obtain necessary access permits for State
Highway 82 (SH 82), the access to the equestrian
facility, and the emergency access proposed south of the
primary entrance point to the project. These plans shall
include an assessment of a pedestrian crossing between
the Equestrian Area and the primary portion of the
development west of SH 82, as well as an assessment of
the need for signalization at the intersection at some
point during the course of development. The construction
of the primary entrance from SH 82 will be constructed
during Phase III of the project.
2. The applicant will submit a design for an at -grade
crossing of the Denver and Rio Grande Railroad Right -of-
Way consistent with Public Utilities Commission standards
as a part of Preliminary Plan submittal.
3. At the time of Preliminary Plan submittal, the applicant,
with the cooperation of the Roaring Fork Transit Agency
(RFTA) and the Colorado Department of Transportation
(CDOT), will identify sufficient easements to accommodate
bus turnouts adjacent to the project on SH 82.
COUNTY ROAD 109 (CR 109)
4. Access to CR 109 will be unrestricted, and allow for
access and egress of the site by all residents,
employees, and authorized visitors of the project.
S. The applicant and the County will improve CR 109 in the
following manner:
(A) Section 1 (End of existing pavement at the Gravel
Pit entrance south to the southwest corner of the
1/4 acre Residential Zone District adjacent to CR
109).
(1) The Applicant is responsible for 100 percent
of the cost of design, engineering and
construction costs associated with the
improvements of this section of CR 109 to
Garfield County Minor Collector Road Standards
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if possible, including all engineering and
construction costs for the necessary relocation
or piping of ditches. The design will include
2" Asphalt surface with 4' shoulders.
Furthermore, the applicant is responsible for
realigning and other associated improvements
to ditches impacted by improvements to this
section of CR 109. These improvements will be
completed no later than 12 -1 -1996.
(2) The applicant will dedicate the necessary
right - of-way (ROW) to Garfield County,
currently shown as a 1.4 acre Open Space River
District near Siever's Corner, to allow for the
realignment of CR 109 through this section.
The applicant is responsible for all design,
engineering and construction costs associated
with these improvements.
(3)
The applicant will, where necessary, dedicate
to the County the necessary ROW along CR 109
sufficient to ensure a 60 foot ROW through the
portion of roadway through this section. At
an appropriate point in time, the County will
consider a petition to vacate those portions
of the currently existing public right-of-way
no longer needed for use as a public road
through this section of the project.
(4) The applicant is responsible for the design and
construction of a bike /pedestrian path on the
west side of CR 109 through this section. The
precise location and length of the
bike /pedestrian path shall be defined at the
time of Preliminary Plan submittal. The bike
and pedestrian path will be 10 to 12 feet in
width, paved, and separated from vehicular
traffic.
(5)
Sufficient coordination will occur between the
applicant's engineer and the County's Road and
Bridge Department to ensure that the design and
construction activities between the two efforts
are compatible and ensure no scheduling
conflicts. If construction is to commence
prior to March of 1996, the County must be
notified on or before August 15 of the
preceding fiscal year to allow for the project
to be consistent with County budget cycles.
(6) The applicant is responsible for the
application of dust control on the project
site, in addition to CR 109 from the north end
of the project to the beginning of the chip and
seal surface south of the project on CR 109,
approximately (3.2) miles. Prior to the
beginning of construction, west of the Roaring
Fork River, a Dust Control plan will be
submitted to the Road and Bridge Department for
approval.
(7) If necessary, the County agrees to institute
condemnation proceedings to obtain necessary
right -of -way allowing construction by the
applicant through this portion of the project.
All costs of such proceedings, including the
cost of land acquisition, shall be borne by the
applicant.
(B) Section 2 (CR 109, From the southwest corner of the
1/4 acre Residential Zone District adjacent to CR
109 to the intersection CA 109 and CR 108).
(1) Garfield County will be responsible for 100
percent of the cost of design engineering and
earthwork costs associated with the
improvements of the section of CR 109 to
Garfield County Minor Collector Road Standards
where physically possible and at the discretion
of the Board of County Commissioners, including
2" Asphalt surface and 4' shoulders. The
applicant is responsible for 50 percent of the
cost of surfacing (2" asphalt) of this section
of CR 109. These improvements will be
completed no later than 12 -1 -1996.
(2) If deemed physically possible during design and
engineering, Garfield County is responsible for
the design and construction of a bike path on
the west side of CR 109 through this section.
The specific location of the bikeway will be
refined as engineering and design progresses.
The bike and pedestrian path will be 10 to 12
feet in width, paved, and be separated from
vehicular traffic.
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(3) The County shall be responsible for all costs
of land acquisition for this portion of road
reconstruction.
(C) Ditching and Piping. The applicant will be
responsible for all necessary engineering, design,
construction and piping or other improvements of
approximately one (1) mile of the Kaiser and
Siever's Ditch, from approximately Siever's Corner
south.
BALD EAGLE NESTING SITE (Buffer Zone)
6. An Eagle Nest Buffer Zone, as indicated on Exhibit F-16
submitted at public hearing, will be established around
the nest where there will be no construction of dwelling
units or human activities, except as established herein.
The area of the Zone is described per a letter dated
April 26, 1992 from Kevin Wright of the Colorado Division
of Wildlife. Any changes or modifications to the Zone
will require approval from the Division of Wildlife.
7. Prior to submittal of a Preliminary Plan, the applicant
will submit building envelopes, approved by the Division
of Wildlife, for the nine (3/4) acre lots adjacent to
the Buffer Zone east of the Roaring Fork River.
8. Prior to submittal of a Preliminary Plan, the applicant
will submit landscaping plans, approved by the Division
of Wildlife, for the vegetative screening along both
sides of the entry road and the downstream side of the
bridge and along the east (riverside) boundary of Club
Villas, Clubhouse District, per Kevin Wright's April 26,
1992 letter. The screening will be planted immediately
upon construction of the entrance road and the bridge
crossing the Roaring Fork River.
9. A timing restriction will be placed on the 10th hole of
the golf course. If Bald Eagles have abandoned the nest
and no eagles are present, the hole may be played from
April 1st to December 31. If eagles are present, the
hole may be played July 1st to December 31st. It may be
played earlier, if there is nest abandonment and young
have fledged. Any alternative plans for the
reconfiguration of the 10th hole to allow earlier play
must be approved by the Division of Wildlife.
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10. There will be no construction or activity within the
Buffer Zone, hole #10, entry road and bridge or
facilities /units north of Hole #16 from January 1st to
June 1st if the nest is active. Construction may begin
earlier if there is nest failure and abandonment.
11. There will be no human entry within 100 yards of the nest
except for nest management activities, activities related
to the use of Hole #10, or normal ground and ditch
maintenance activities.
12. No human entry will be allowed within 200 yards of the
nest from January 1st to June 30th if eagles are present,
except as allowed in condition #11.
13. There will be a seasonal closure of the Roaring Fork
River to public fishing /hiking access and Open Space
River Park Districts within 200 yards of the nesting site
from January 1st to May 15th except for float- through
river traffic. Signs will be posted and maintained by
the applicant alerting residents and the general public
to this restriction.
14. The Homeowner's Covenants will be amended to restrict all
dwelling units to one dog per dwelling unit.
15. Coordination will occur on an annual basis between the
applicant and the Colorado Division of Wildlife
concerning the monitoring of nesting activities occurring
within the Buffer Zone.
16._ At such time as the Division of Wildlife allows removal
of the Eagle Nest Buffer Zone, the applicant may request
the Board of County Commissioners to amend the PUD. If
approved by the Commissioners, the amendment only removes
the Overlying zoning (Buffer Zone), and the approved
underlying zoning will become effective.
SOILSJGEOLOGY /HYDROLOGY
17. The Preliminary Plan shall have a building envelope
designated for every lot within the PUD. All building
envelopes shall avoid sinkholes. Construction upon
debris fans and young alluvial fans with debris flow
potential shall be avoided unless properly mitigated.
No lot shall be created that does not contain a
geologically acceptable building envelope. No lot shall
be created that is smaller than the minimum lot size
allowed in that particular zone district, and any density
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reduction for a particular area due to a lack of
buildable area will not be transferred to another
district within the PUD. All building envelopes shown
on a Final Plat shall be consistent with those shown at
Preliminary Plan. Any amendments to the approved
building envelopes will require a Public Hearing and an
amendment to the Preliminary Plan.
18. At the time of Preliminary Plan submittal, applicant
shall submit a detailed debris flow study for all lots
on debris fans, with a proposed mitigation plan designed
by a geotechnical engineer.
19. Additional soils investigation of the Moderate and High
Hazard Depression Areas with a determination of
suitability for building sites, utilities, and roadways
shall be submitted with the Preliminary Plan.
20. An engineered foundation shall be required for all
buildings erected within the PUD and submitted with
building permit applications. Further, all final plats
shall have a plat note, noting the engineered foundation
requirement for all residential structures.
21. Any structure erected within the floodplain shall be
required to obtain a floodplain special use permit as
required by the Garfield County Zoning Resolution.
22. Water storage tanks shall be constructed in only
geologically acceptable areas and as designed by a
geotechnical engineer.
23. At the time of Preliminary Plan submittal, the applicant
will submit a detailed Drainage Plan addressing the
handling of all point and non -point pollution, including
the method of treatment, location and adequacy of
proposed detention ponds, the size and location of
infrastructure, and golf course drainage.
WASTEWATER
24. Prior to Preliminary Plan submittal, a Site Application
for a domestic tertiary wastewater treatment plant shall
be prepared and submitted to the Colorado Department of
Health addressing the Aspen Glen regional wastewater
treatment facility. The same site application will be
submitted to Garfield County with the Preliminary Plan.
Wastewater treatment plans submitted with the Preliminary
Plan shall include easements or oversized lines with
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sufficient capacity to accommodate regional development
deemed necessary by the Colorado Department of Health.
If no determination has been received from the Colorado
Department of Health on this issue at the time of
Preliminary Plan the applicant must provide the Board of
County Commissioners with a line and easement design
appropriate for a regional wastewater facility.
25. No later than Preliminary Plan submittal, a draft or
official Service Plan shall be submitted for the
formation of a special district for the construction,
maintenance and operation of a regional wastewater
treatment facility. Further, the special district shall
be in place prior to submittal of any final plats for the
PUD. The Service Plan will include all infrastructure
and facilities serving Aspen Glen residents.
26. The service area described in the draft Service Plan will
be consistent with Colorado Department of Health
recommendations.
27. The cost of all infrastructure and facilities serving
Aspen Glen are the responsibility of the applicant.
WATER SUPPLY
28. The applicant shall demonstrate the location and evidence
of adequate water quantity and quality of the proposed
well fields at Preliminary Plan. At least one test well
shall be drilled and proved up. Additional test wells
may be required as recommended by the applicant's
engineer to provide the necessary evidence.
29. If filtration is necessary, the site and method of
treatment shall be indicated at the time of Preliminary
Plan submittal.
WATER QUALITY
30. At the time of Preliminary Plan submittal, the applicant
will submit a detailed description of a Water Quality
Monitoring Plan for both surface water (Roaring Fork
River) and ground water (on -site and off -site wells and
springs). This plan shall describe the location, timing,
analytical techniques, detection methods, and the method
of interpreting the results of the tests. The tests will
be performed at a regular interval extending past the
first year until the project reaches 90 percent of
buildout. The Service Plan for the Sanitation District
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shall include provisions for the Water Quality Testing
Program. The cost associated with the Plan shall be the
responsibility of the applicant, and subsequent costs
associated with the testing program shall be the
responsibility of the Sanitation District. The results
of each test shall be sent to the County on a regular
basis.
UTILITIES
31. At the time of Preliminary Plan submittal, the applicant
will submit to the County a detailed Utility Master Plan
that indicates the easement size and location for gas,
electric, and telephone. Wastewater and water treatment
facilities, and drainage /erosion control systems shall
include line and facility sizing, in addition to the size
and location of easements.
WILDLIFE IMPACTS
Equestrian Facility
32. The equestrian facility, as shown on the PUD Development
Plan Map, will be relocated to the northwest end of the
Open Space District. Furthermore, the Community Center
proposed in the PUD application is deleted from the PUD.
33. Fencing will be 42" in height, four strand or less, with
12" kick space between the top two wires. If a rail
fence is used, it shall be 48" high, three rail or less.
No fencing will be allowed in areas not needed for
grazing and existing fencing will be removed.
34. No grazing will be allowed in sagebrush.
35. All new utilities within the equestrian area will be
buried.
36. Any access trail developed in the equestrian area will
be closed December 1 through April 30th.
37. All dogs on trails in the equestrian area will be
leashed.
38. All hay stored in connection with the operation of the
equestrian facility will be protected by 8 foot fencing,
consistent with Division of Wildlife specifications.
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West of County Road 109
39. The applicant, at the time of Preliminary Plan submittal,
will submit a map identifying the proposed "Wildlife
Corridor" west of CR 109. The map will depict the
building envelopes and mitigation measures proposed for
the 2 acre Residential District. The Division of
Wildlife will review the "Wildlife Corridor" plan prior
to submittal to the County.
40. No perimeter fences will be allowed in this District.
41. All utilities will be buried or raptor /eagle protected,
per Division of Wildlife recommendations.
General Wildlife Impacts
42. One dog will be allowed for each residential unit within
the PUD. This requirement will be included in the
Protective Covenants, and will be enforced by the
Homeowner's Association.
43. Dead or dying Cottonwood Trees within the Open
Space /River Parks will be preserved for cavity nesters
and perches used by raptors /eagles. If such trees
present a hazard, the Homeowner's Association may remove
such trees at its discretion.
FISHERMAN'S /PEDESTRIAN EASEMENT
44. The applicant shall provide a copy and plat of the
fisherman /pedestrian easement, running from the open
space /river park across the gravel pit lease to BLM
Disposal Parcel 215 at the time of Preliminary Plan
submittal. The recipient of the fisherman /pedestrian
easement shall be the Division of Wildlife or the Aspen
Glen Homeowner's Association. The easement grantee shall
be responsible for maintenance and liability for the
proposed easement. The easement shall be executed and
recorded at the time of final plat approval.
45. To ensure continued use of the proposed easement, the
applicant will submit plans at the time of Preliminary
Plan to provide a pedestrian bridge across the Robertson
Ditch. The cost associated with design and construction
of the bridge is the responsibility of the applicant.
46. The applicant shall physically delineate that portion of
the fisherman's /pedestrian easement that traverses the
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gravel pit lease area. The method of delineation shall
be set forth prior to the approval of the Preliminary
Plan.
47. The applicant shall provide a draft of the proposed river
recreation /boating easement overlaying the Roaring Fork
River, from high water line to high water line excluding
the islands, at the time of submittal of Preliminary
Plan. Such easement shall name the Homeowner's
Association as grantee and holder for the benefit and use
of the public. Such easement shall be executed and
recorded at the time of final plat approval.
48. The Fisherman's /Pedestrian and river recreation /boating
Easement shall be identified on all subsequent Final
Plats where applicable.
EASEMENT /OPEN SPACE PARK
49. All Open Space /River Park areas shall be dedicated to
appropriate grantees from the developer at the time of
approval of an applicable Final Plat.
50. The forty foot (40') wide easement, extending from C.R.
109 to the Open Space /River Park, shall be dedicated to
the Division of Wildlife or the Aspen Glen Homeowner's
Association for use by the public and the appropriate
instrument recorded prior to the approval of any Final
Plat. The easement will be constructed with a gravel
surface and a 20' minimum driving surface. The easement
shall be executed and recorded at the time of Final Plat
approval.
51. Fencing between the Aspen Glen River Park and the Miller
residence shall be constructed in accordance with the
agreement with Doug Miller.
52. All improvements and /or structures constructed in Open
Space /River Park areas within regulated floodplain shall
be constructed in accordance with the requirements of
Section 6: Floodplains of the Garfield County Zoning
Resolution.
53. The applicant shall provide a graveled parking area with
adequate space for parking six (6) vehicles.
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LANDSCAPING
54. At the time of Preliminary Plan, the applicant will
submit a detailed landscaping plan for the proposed
landscaping buffers along S.H. 82 and C.R. 109, and
revegetation necessary to mitigate the water tank
locations. The landscaping plan will demonstrate the
following:
(A) The plant pallet, size, and location of proposed
plantings. This should be consistent with the
graphic representations presented during the PUD
hearings;
(B) Irrigation systems necessary to ensure survival of
the plantings;
(C) Replacement /maintenance plan to ensure replacement
of unsuccessful plantings;
(D) The use of native species and adaptable species to
encourage water conservation.
(E) The color of water tanks shall be designated and
subject to review and approval by the Board of
County Commissioners as part of Preliminary Plan
submittal.
(F) Develop a program to eliminate or control noxious
weeds as identified by the County.
IRRIGATION DITCHES
55. At the time of Preliminary Plan, the applicant shall
provide agreements from the affected ditch management
organizations (Glenwood and Robertson) consenting to
development affecting the ditches.
56. Engineering documents, addressing all ditch - related work,
shall be provided at the time of Preliminary Plan
submittal for the affected portion of the development.
These improvements shall be included in the Subdivision
Improvements Agreement. Adequate surety for all
improvements shall be provided in conjunction with the
Subdivision Improvements Agreement.
57. Adequate width easements for maintenance of ditches shall
be depicted at Preliminary Plan and dedicated, where
applicable, at time of first Final Plat.
17
AIR QUALITY
58. No open hearth solid -fuel fireplaces will be allowed
anywhere within Aspen Glen with the exception of four (4)
fireplaces permitted in the clubhouse, as well as all
fireplaces currently in place in existing residences.
59. All dwelling units will be allowed an unrestricted number
of natural gas - burning fireplaces or appliances.
60. All dwelling units will be allowed one (1) new wood -
burning stove as defined by C.R.S. 25 -7 -401, et. seq. and
the regulations promulgated thereunder.
61. Conditions 58, 59, and 60 shall be included in the
restrictive covenants and as a plat note on all Final
Plats.
62. The applicant shall prepare a fugitive dust mitigation
plan to address dust control during construction of
roads, utilities, common facilities and the golf course.
The plan shall be submitted at the time of Preliminary
Plan.
63. All air emissions shall be in compliance with all
applicable state and federal regulations.
WETLANDS
64. At least forty -five (45) days prior to Preliminary Plan
submittal, the applicant shall apply to the Corps of
Engineers for a determination of the impacts upon
wetlands of the full project, and the appropriate permits
required therefor. The determination of the Corps of
Engineers regarding the type of permits required must be
made before Preliminary Plan approval.
65. All building envelopes shall be located on lots such that
no wetlands will be impacted by foundation, accessory
buildings, driveways or other accessory structures.
These building envelopes will be submitted to the County
at the time of Preliminary Plan submittal.
66. Covenants will be developed prohibiting the filling of
wetlands contained within lots.
18
PLAT NOTES
67. The following plat notes shall be included on all Final
Plats.
(A) Certain building locations may be subject to
geologic and hydrologic hazards. All structures
shall require the submittal of an engineering report
addressing soils and geology conditions, foundation
design and drainage prepared by a registered
professional engineer. All site development,
including building construction, shall be conducted
in accordance with engineer's stipulations.
(B) (1) No open hearth solid -fuel burning fireplaces
will be allowed anywhere within Aspen Glen with
the exception of four (4) fireplaces in the
clubhouse and fireplaces currently in place in
existing residences;
(2) All dwelling units will be allowed an
unrestricted number of natural gas-burning
fireplaces or appliances; and
(3) All dwelling units will be allowed no more than
one new wood- burning stove as defined by C.R.S.
25 -7 -401, et seq. and the regulations
promulgated thereunder.
(C) Lots may be located within the 100 year floodplain.
Lots within regulated floodplain are subject to the
regulations of Section 6: Floodplains of the
Garfield County Zoning Resolution.
(D) Only one dog is allowed for each dwelling unit.
69. The following plat notes shall be included on all Final
Plat(s) with Lots on the west side of C.R. 109:
(A) Lots are subject to debris flow. Mitigation
measures shall be addressed in a report prepared by
a registered professional engineer. Any mitigation
required shall be constructed in accordance with
engineering recommendations.
(B) State Forest Service Wildfire Prevention Guidelines
shall be followed for residential construction.
19
HOMEOWNER'S ASSOCIATION
69. A Homeowner's Association shall be established with
bylaws, Articles of Incorporation and covenants, prior
to the approval of the first Final Plat. All common
facilities shall be transferred to the Homeowner's
Association prior to the approval of any Final Plat.
70. The applicant will submit a list of responsibilities of
the Homeowner's Association, at the time of Preliminary
Plan submittal. Specific responsibilities to be
addressed include the ownership and maintenance of open
space, roads, parks, golf course, river easement, access
road to recreation area, water rights, water utility
easements and infrastructure, bridges and various permits
and contracts (water, highway, railroad etc.).
COVENANTS
71. A draft of the Covenants for the Aspen Glen Club will be
submitted with the Preliminary Plan. The following list
of changes from the draft Covenants submitted with the
application shall be included at a minimum:
(A) Covenant language will be included regarding
restrictions regarding the prohibition of building
envelopes within regulated wetlands.
(B) The Covenants will not restrict the use or placement
of solar collecting devices. Approval of the
placement of these devices will be retained by the
Aspen Glen Homeowner's Association.
(C) Roofing material for lots on the west side of CR 109
will require the use of fire - retardant shingles.
PUD ZONE DISTRICT TEXT
72. As conditions of approval, the Board herein adopts and
approves both the district text and Planned Unit
Development plan attached as exhibits hereto.
OFF -SITE IMPACTS
73. That the applicant shall comply with all verbal
representations made concerning its agreements with
adjacent property owners.
20
REVISIONS TO PUD APPLICATION
74. The reference to Unit Transfer provisions (p. 68 of the
PUD Application), Golf Course Approval Process (p. 69 of
the PUD Application) and Subdivision Variance #4 (p. 69
of the PUD Application) shall be deleted.
75. The location of the Club Villa District adjacent to the
Chuc Property and SH 82 shall be relocated in order to
minimize impacts on adjacent agricultural land to a point
consistent with PUD Development Plan attached to this
Resolution. The density within the relocated Club Villa
District shall be consistent with the depiction on the
Planned Unit Development Plan Map. The revised Club
Villa District may have no more than 77 units, and the
revised 1/4 acre District cannot exceed 16 units.
SCHOOL IMPACT
76. The applicant shall pay School Impact Fees as designated
by the appropriate school district prior to approval of
any Final Plat.
77. At the time of Preliminary Plan submittal, applicant
shall designate all school bus loading sites requested
by the appropriate school district.
FIRE STATION SITE
78. A site must be identified for the proposed fire station
site at the time of Preliminary Plan submittal.
PHASING
Phase
I
IA
II
III
Iv
V
79. The following phasing amends the proposed phasing plan
included with the application (Phase II and Iia have been
combined into a single phase):
Commencement Date
March 7, 1992
June 30, 1992
January 1, 1994
May 15, 1995
July 1, 1995
August 15, 1995
21
Completion Date
December 31, 1992
December 31, 1993
August 15, 1997
December 1, 1996
July 1, 1996
August 15, 1996
Phase
VA
VI
VII
VIII
IX
X
XI
Commencement Date
March 15, 1996
March 15, 1997
August 15, 1997
March 15, 1998
March 15, 1999
August 15, 1999
March 15, 2000
Completion Date
March 15, 1997
March 15, 1998
August 15, 1998
March 15, 1999
March 15, 2000
August 15, 2000
March 14, 2001
80. A violation of the agreed phasing plan (described in
condition #79) could result in the revocation of the PUD
by the Board of County Commissioners.
81. No phase, subsequent to Phase II, shall commence without
final plat approval. By Subdivision Improvements
Agreement, the dates for construction commencement may
be moved to an earlier date than that set forth in #79
above. Additionally, the completion dates may be altered
by the Subdivision Improvements Agreement. Phase II may
commence prior to January 1, 1994, and prior to approval
of a Preliminary Plan, if the applicant submits a
detailed drainage plan for the proposed golf course to
the Board of County Commissioners and obtains approval
of that plan prior to commencement of construction. Such
approval shall indicate the date for commencement of
Phase II. Any construction authorized or in place as
part of Phase II must be consistent with any subsequently
approved Preliminary Plan.
82. Phase IA shall be defined to be the approval of a
preliminary plan encompassing the entire project set
forth in the Planned Unit Development and the Planned
Unit Development Plan. Preliminary plan approval must
encompass the development of all of the phases set forth
in #79.
VESTED RIGHTS
83. As a condition of approval and by agreement with the
Aspen Glen Company, the Board of County Commissioners
herein adopts a development agreement pursuant to the
provisions of Section 24- 68- 104(2), C.R.S., as amended,
providing that property rights shall vest commencing with
the final conditional approval of the Aspen Glen PUD
extending to March 14, 2001. With this approval, the
Board of County Commissioners recognizes that this
conditionally approved planned unit development, in its
final conditional approval form, is a site specific
22
development plan as set forth in Section 24 -68- 102(4),
C.R.S., as amended. Therefore, during the time periods
set forth herein, the applicant shall enjoy all of the
vested rights set forth for such a development plan in
Section 24 -68 -101, et. seq., C.R.S., as amended.
84. Pursuant to the provisions of Section 24- 68- 103(1),
C.R.S., as amended, the Board of County Commissioners
herein condition the grant of the vested rights set forth
above upon all of the conditions of approval set forth
in this conditional PUD approval. Such conditions
specifically include, but are not limited to, strict
compliance with the phasing plan set forth in #79 above.
Failure of the applicant to comply with any element of
that phasing plan or any of the conditions set forth in
this resolution, will subject the applicant to forfeiture
of vested rights, as such forfeiture is set forth in
Section 24 -68- 103(1), C.R.S., as amended.
85. In order to effectuate the conditions set forth under
subtitle "Vested Rights ", the applicant shall be required
to execute a development agreement coincidental with the
conditional approval of the Aspen Glen PUD.
CONSULTANT FEES
86. The Board of County Commissioners may retain experts to
assist in further review of project applications and
submittals. Such experts shall be retained upon the
recommendation of the Staff of Regulatory Offices after
consultation with the applicant and with the approval of
the Board of County Commissioners. The Board of County
Commissioners shall approve the retention of such experts
when such assistance is deemed necessary for the
evaluation of the applicant's submittals. Notice of
retention shall be provided to the applicant. Fees and
costs of such experts shall be the responsibility of the
applicant. All bills shall be paid within 30 days of
invoice.
LEGAL DESCRIPTION
87. The legal description shall be corrected to be consistent
with the exhibit attached to this PUD Resolution.
GENERAL
88. All representations of the applicant, either within the
application or stated at the Public Hearings before the
23
Planning Commission and the Board of County
Commissioners, shall be considered conditions of approval
to the extent that such representations are not
inconsistent with the conditions of approval set forth
herein. To the extent of any inconsistency between the
conditions of approval set forth in this Resolution, and
the statements and representations of the applicant, the
conditions of approval set forth herein shall control.
CONDITIONAL APPROVAL
Pursuant to the foregoing findings and conditions, the Board
of County Commissioners of Garfield County, Colorado, herein
approves the requested rezoning of the Aspen Glen Company from
A /R /RD to PUD subject to strict compliance with the terms and
conditions set forth herein. Additionally, through this approval,
the Board herein adopts the PUD Development Plan, revised PUD zone
text, corrected legal description and Development Agreement
attached hereto as exhibits.
DATED this 4R/ day of June, 1992.
ATTEST:
erk to the Board
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
B
Chairman
Upon motion duly made and seconded the foregoing Resolution
was adopted by the following vote:
Marian I. Smith Aye
Arnold L. Mackley Aye
Elmer (Buckey) Arbanev Aye
Commissioners
STATE OF COLORADO )
ss.
COUNTY OF GARFIELD )
I, Mildred Alsdorf, County Clerk and ex- officio Clerk of the
Board of County Commissioners in and for the County and State
aforesaid do hereby certify that the annexed and foregoing
Resolution is truly copied from the Records of the Proceedings of
the Board of County Commissioners for said Garfield County, now in
my office.
24
IN WITNESS WHEREOF, 1 have hereunto set my hand a affixed
the seal of said County, at Glenwood Springs, this 3D. day of
Q�L.rL4� , A. D. 19 5 A
County Clerk and ex- officio Clerk of
the Board of County Commissioned
25
•4.
L.i
XI. APPENDIX
A. LEGAL, DESCRIPTIONS
ASPEN GLEN CLUB P.U.D.
PROPERTY DESCRIPTION
A PARCEL OF LAND SITUATED IN LOTS 23 AND 25 OF SECTION 12, LOTS 1
AND 3 THROUGH 16 OF SECTION 13 AND LOTS 1 AND 2 OF SECTION 24,
TOWNSHIP 7 SOUTH RANGE 89 WEST AND IN THE SWkSEk, SEkSEk AND LOTS
4, 6, 7, 9 THROUGH 11 AND 14 THROUGH 17 OF SECTION 18 AND THE
NEkNE' AND LOTS 1, 3 THROUGH 12 AND 15 THROUGH 17 OF SECTION 19 AND
THE NE1/2NW1/2 AND IN LOTS 2, 4 THROUGH 16, 19, AND 20 OF SECTION 20
AND IN LOTS 2, 3, 4, 8, AND 9 OF SECTION 29, ALL IN TOWNSHIP 7
SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
(ALL BEARINGS CONTAINED HEREIN ARE BASED ON A BEARING OF
S 00 °01'46" W BETWEEN THE NORTHWEST CORNER OF SAID SECTION 20 AND
THE WEST QUARTER CORNER OF SAID SECTION 20, 1986 BLM ALUMINUM CAPS
IN PLACE);
BEGINNING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 20, A BLM
ALUMINUM CAP FOUND IN PLACE, THE TRUE POINT OF BEGINNING; THENCE
S 00 °12'30" E ALONG THE EASTERLY LINE OF SAID NEhNW1/4 1378.55 FEET
TO THE SOUTHEAST CORNER OF SAID NE'NWk , A BLM ALUMINUM CAP FOUND IN
PLACE; THENCE 5 89 °38'40" E ALONG THE NORTHERLY LINE OF SAID LOT 19
1305.39 FEET TO THE NORTHEAST CORNER OF SAID LOT 19, A BLM ALUMINUM
CAP FOUND IN PLACE; THENCE S 00 °05'56" E ALONG THE EASTERLY LINE OF
SAID LOT 19, 1289.48 FEET TO THE SOUTHEAST CORNER OF SAID LOT 19,
ALSO BEING A POINT ON THE NORTHERLY LINE OF SAID LOT 20, A BLM
ALUMINUM CAP FOUND IN PLACE; THENCE S 88 °36'52" E ALONG SAID
NORTHERLY LINE 1304.01 FEET TO THE EAST QUARTER CORNER OF SECTION
20, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE S 01 °23'50" E ALONG
THE EASTERLY LINE OF SAID LOT 20, 1320.18 FEET TO THE SOUTHEAST
CORNER OF SAID LOT 20, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE
N 89 °35'53" W ALONG THE SOUTHERLY LINE OF SAID LOT 20, 684.04 FEET
TO A POINT ON THE EASTERLY LINE OF SAID LOT 16, A BLM ALUMINUM CAP
FOUND IN PLACE; THENCE S 01°30'51" W ALONG THE EASTERLY LINE OF
SAID LOT 16 1262.19 FEET TO THE SOUTHEAST CORNER OF SAID LOT 16,
ALSO BEING THE NORTHEAST CORNER OF LOT 2 OF SAID SECTION 29, A BLM
ALUMINUM CAP FOUND IN PLACE; THENCE S 01 °21'57" W ALONG THE
EASTERLY LINE OF SAID LOT 2, 917.83 FEET TO A POINT IN THE
CENTERLINE OF THE ROARING FORK RIVER; THENCE N 44 °00'00" W ALONG
SAID CENTERLINE 272.02 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE N 57 °00'00" W 238.00 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE N 84 °00'00" W 240.00 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE S 72 °00'00" W 277.00 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE S 56 °00'00" W 290.00 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE S 39 °00'00" W 300.00 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE S 31 °00'00" W 352.00 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE S 50 °00'00" W 220.00 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE S 70 °00'00" W 297.00 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE N 48 °00'00" W 375.00 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE N 24 °00'00" W 268.00 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE N 11°00'00" W 268.00 FEET; THENCE CONTINUING ALONG SAID
A -1
PAGE NO. 2
ASPEN GLEN CLUB P.U.D.
PROPERTY DESCRIPTION
CENTERLINE N 17 °00'00" W 238.00 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE N 48 °00'00" W 547.00 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE N 31 °00'00" W 203.00 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE N 60 °00'00" W 224.00 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE N 65 °30'00" W 220.00 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE N 69 °00'00" W 350.00 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE N 59 °30'00" W 316.00 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE N 27 °00'00" W 331.00 FEET TO A POINT ON THE SOUTHERLY
LINE OF LOT 13 OF SAID SECTION 20; THENCE LEAVING SAID CENTERLINE
OF RIVER AND ALONG THE SOUTHERLY LINE OF LOT 13 OF SAID SECTION 20
N 89 °15'57" W 440.69 FEET TO THE SOUTHWEST CORNER OF LOT 13; THENCE
ALONG THE WESTERLY LINE OF LOT 14 OF SAID SECTION 20 S 00 °01'25" W
59.78 FEET; THENCE N 32 °31'00" W 1283.00 FEET; THENCE N 47 °20'00" W
1561.80 FEET; THENCE N 81 °57'00" W 1659.05 FEET TO THE EASTERLY
LINE OF LOT 2 OF SAID SECTION 24; THENCE LEAVING SAID EASTERLY LINE
N 78 °07'04" W 1354.65 FEET TO A POINT ON THE WESTERLY LINE OF SAID
LOT 2; THENCE ALONG THE WESTERLY LINE OF SAID LOT 2 N 00 °27'55" E
811.92 FEET TO THE SOUTHEAST CORNER OF LOT 14; THENCE ALONG THE
SOUTHERLY LINE OF LOT 14 OF SAID SECTION 13 S 89 °06'27" W 1335.68
FEET TO THE SOUTH ONE- QUARTER CORNER OF SAID SECTION 13, BEING A
GARFIELD COUNTY BRASS CAP FOUND IN PLACE; THENCE ALONG THE NORTH-
SOUTH CENTERLINE OF SAID SECTION 13 N 0O °52'56" E 5332.05 FEET TO
THE NORTH ONE- QUARTER CORNER OF SAID SECTION 13, AN AXLE IN PLACE;
THENCE N 00 911'14" W ALONG THE NORTH -SOUTH CENTERLINE OF SAID
SECTION 12, 458.62 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY
FENCE OF GARFIELD COUNTY ROAD NO. 109, A REBAR AND CAP L.S. 119598
FOUND IN PLACE; THENCE S 13 °28'04" E ALONG SAID RIGHT-OF-WAY FENCE
553.88 FEET; THENCE CONTINUING ALONG SAID RIGHT -OF --WAY FENCE
S 09 °05'41" E 565.53 FEET; THENCE CONTINUING ALONG SAID RIGHT -OF-
WAY FENCE S 17 °42'56" E 728.56 FEET; THENCE CONTINUING ALONG SAID
RIGHT -OF -WAY FENCE S 40 °03'42" E 175.51 FEET; THENCE CONTINUING
ALONG SAID RIGHT -OF -WAY FENCE S 32 °40'06" E 463.99 FEET; THENCE
LEAVING SAID RIGHT --OF -WAY FENCE AND FOLLOWING AN EXISTING FENCE
N 89 °53'09" E 882.14 FEET; THENCE CONTINUING ALONG SAID EXISTING
FENCE N 81 °50'40" E 60.36 FEET; THENCE CONTINUING ALONG SAID
EXISTING FENCE N 01 °30'12" E 729.75 FEET; THENCE CONTINUING ALONG
SAID EXISTING FENCE N 01 °43'30" E 1113.97 FEET; THENCE ALONG THE
EASTERLY LINE OF LOT 24 OF SAID SECTION 12 N 01 °21'44" E 320.88
FEET; THENCE N 47 °43'00" E 590.67 FEET TO THE NORTHERLY LINE OF LOT
25 OF SAID SECTION 12; THENCE ALONG THE NORTHERLY LINE OF SAID LOT
25 S 89 °40'00" E 75.86 FEET TO THE CENTERLINE OF THE ROARING FORK
RIVER; THENCE ALONG THE CENTERLINE OF SAID RIVER S 17 °43'01" E
163.46 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER
S 30 °45'18" E 163.28 FEET; THENCE CONTINUING ALONG SAID CENTERLINE
OF RIVER S 51 °43'05" E 662.76 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE OF RIVER S 44 °35'57" E 175.65 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE OF RIVER S 13 °33'31" E 255.65 FEET; THENCE
A -2
PAGE NO. 3
ASPEN GLEN CLUB P.U.D.
PROPERTY DESCRIPTION
CONTINUING ALONG SAID CENTERLINE OF RIVER S 34 °02'41" E 318.15
FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER
S 35 °41'45" E 225.15 FEET; THENCE CONTINUING ALONG SAID CENTERLINE
OF RIVER S 55.38'18" E 196.47 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE OF RIVER S 63 °49'03" E 388.20 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE OF RIVER S 57.51'22" E 449.02 FEET; THENCE
CONTINUING ALONG SAID CENTERLINE OF RIVER S 47 °11'37" E 122.26 FEET
TO A POINT ON THE NORTHERLY LINE OF LOT 12; THENCE LEAVING SAID
CENTERLINE OF RIVER N 89 °49'40" W 406.44 FEET TO THE NORTHEAST
CORNER OF LOT 11 OF SAID SECTION 18; THENCE ALONG THE EASTERLY LINE
OF SAID LOTS 11 AND 14 OF SAID SECTION 18 S 00 600'00" E 1336.51
FEET TO THE SOUTHEAST CORNER OF SAID LOT 14; THENCE ALONG THE
SOUTHERLY LINE OF SAID LOT 14 S 89 °58'06" W 672.53 FEET TO THE
SOUTH CENTER ONE-SIXTEENTH CORNER, BEING A BLM ALUMINUM CAP IN
PLACE; THENCE ALONG THE EASTERLY BOUNDARY OF LOT 15 OF SAID SECTION
18 S 00 °36'33" W 334.72 FEET; THENCE N 89 655'05" E ALONG THE
SOUTHERLY LINE OF THE N1/2N1/2SW'SE1/4 149.70 FEET TO THE CENTERLINE OF
SAID ROARING FORK RIVER; THENCE ALONG SAID CENTERLINE OF RIVER
S 25.46'54" W 106.22 FEET; THENCE CONTINUING ALONG SAID CENTERLINE
OF RIVER S 07.48'26' W 289.87 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE OF RIVER S 16.19'15" E 186.82 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE OF RIVER S 60.24'25" E 205.10 FEET; THENCE
CONTINUING ALONG SAID CENTERLINE OF RIVER N 76.51'11" E 164.34
FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER
N 81 °47'36" E 280.37 FEET; THENCE CONTINUING ALONG SAID CENTERLINE
OF RIVER N 78 °29'03" E 233.93 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE OF RIVER S 81.45'25" E 314.48 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE OF RIVER S 61 °08'27" E 374.17 FEET; THENCE
CONTINUING ALONG SAID CENTERLINE OF RIVER S 46 °48'37" E 211.62
FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER
S 07.22'34" E 113.14 FEET; THENCE CONTINUING ALONG SAID CENTERLINE
OF RIVER S 25.51'48" E 225.75 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE OF RIVER S 08.49'55" E 269.98 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE OF RIVER S 31.27'28" E 259.89 FEET; THENCE
CONTINUING ALONG SAID CENTERLINE OF RIVER S 46.16'00" E 573.86
FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER
S 59.53'51" E 279.72 FEET; THENCE CONTINUING ALONG SAID CENTERLINE
OF RIVER S 41 656'37" E 388.06 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE OF RIVER S 21.26'41 E 286.20 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE OF RIVER S 08.56'52" E 81.11 FEET TO THE
NORTHERLY LINE OF LOT 3 OF SAID SECTION 20; THENCE N 88.33'13" W
ALONG THE NORTHERLY LINE OF SAID LOT 3 385.14 FEET TO THE NORTHWEST
CORNER OF SAID LOT 3; THENCE S 00.01'46" W ALONG THE WESTERLY LINE
OF SAID LOT 3 425.16 FEET TO THE SOUTHWEST CORNER OF SAID LOT 3;
THENCE N 89.58'18" E ALONG THE SOUTHERLY LINE OF SAID LOT 3 697.48
FEET TO THE SOUTHEAST CORNER OF SAID LOT 3; THENCE N 00.04'00" W
ALONG THE EASTERLY LINE OF SAID LOT 3 407.22 FEET TO THE NORTHEAST
CORNER OF LOT 3 OF SAID SECTION 20; THENCE CONTINUING ALONG SAID
WESTERLY LINE N 00.04'00" W 151.69 FEET TO A POINT ON THE
A -3
PAGE NO. 4
ASPEN GLEN CLUB P.U.D.
PROPERTY DESCRIPTION
SOUTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN BOOK 314 PAGE
160 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE N
84 °49'54" E ALONG SAID SOUTHERLY LINE 35.88 FEET TO A REBAR AND CAP
L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY
LINE N 85 °29'12" E 47.40 FEET TO A REBAR AND CAP L.S. #14060 FOUND
IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S 85 °49'41"
E 103.69 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE
S 88 °22'30" E 88.83 FEET (WHENCE A REBAR AND CAP L.S. #14060 BEARS
S 56 °35'03" E 1.02 FEET); THENCE CONTINUING ALONG SAID SOUTHERLY
LINE N 80 °42'21" E 29.94 FEET TO A REBAR AND CAP L.S. #14060 FOUND
IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE N 64 °50'54"
E 99.58 FEET TO A REBAR AND CAP L.S. #14060 FOUND IN PLACE; THENCE
CONTINUING ALONG SAID SOUTHERLY LINE N 70 °51'54" E 37.92 FEET TO A
REBAR AND CAP L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG
SAID SOUTHERLY LINE S 84°32'22" E 37.12 FEET TO A REBAR AND CAP
L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY
LINE S 59 °18'15" E 53.70 FEET TO A REBAR AND CAP L.S. #14060 FOUND
IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S 40 °58'58"
E 62.22 FEET TO A REBAR AND CAP L.S. #14060 FOUND IN PLACE; THENCE
CONTINUING ALONG SAID SOUTHERLY LINE S 28 °48'44" E 153.29 FEET TO
A REBAR AND CAP L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG
SAID SOUTHERLY LINE S 33 °50'49" E 107.91 FEET TO A REBAR AND CAP
L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY
LINE N 63°05'54" E 298.19 FEET TO A POINT ON THE SOUTHWESTERLY
RIGHT- OF--WAY OF THE DENVER & RIO GRANDE WESTERN RAILROAD; THENCE N
35 °09'16" W ALONG SAID RIGHT -OF -WAY 583.96 FEET TO A POINT ON THE
WESTERLY LINE OF SAID NE1/4NW4, (WHENCE A REBAR AND CAP L.S. #14060
BEARS S 20 °19'49" E 4.66 FEET); THENCE N 00 °05'52" E ALONG SAID
WESTERLY LINE 1360.94 FEET TO THE NORTHWEST CORNER OF SAID NE1/4NW1/2,
A BLM ALUMINUM CAP FOUND IN PLACE; THENCE S 87 °45'35" E ALONG THE
NORTHERLY LINE OF SAID NE4NW14 1325.81 FEET TO THE TRUE POINT OF
BEGINNING, SAID PARCEL CONTAINING 1123.830 ACRES, MORE OR LESS.
EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY A LEASE AND AGREEMENT
FOR THE SALE AND PURCHASE OF GRAVEL RECORDED IN RECEPTION NO.
305982 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE BEING
DESCRIBED AS FOLLOWS:
A PARCEL OF LAND SITUATED IN LOTS 1, 2, 5, 6, 7, 11 & 12 OF SECTION
13, TOWNSHIP 7 SOUTH, RANGE 89 WEST AND IN LOTS 4, 9, 10, 11, 14,
15, 16 & 17 AND IN THE SW4SE4 OF SECTION 18, TOWNSHIP 7 SOUTH,
RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD,
STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
(ALL BEARINGS CONTAINED HEREIN ARE BASED ON A BEARING OF
S 00 °01'46" W BETWEEN THE NORTHWEST CORNER OF SAID SEC. 20 AND THE
WEST QUARTER CORNER OF SAID SEC. 20, 1986 BLM ALUM. CAPS IN PLACE)
A -4
PAGE NO. 5
ASPEN GLEN CLUB P.U.D.
PROPERTY DESCRIPTION
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 13, AN AXLE
IN PLACE, THENCE S 43621'15" E 2540.23 FEET TO THE SOUTHEAST CORNER
OF THE TELLER SPRINGS SUBDIVISION, THE TRUE POINT OF pEGINNING;
THENCE N 01 630'12" E ALONG THE EASTERLY LINE OF SAID SUBDIVISION
729.75 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE
N 01643'30" E 1113.97 FEET TO THE NW CORNER OF LOT 1 OF SAID
SECTION 13; THENCE LEAVING SAID EASTERLY LINE S 89 °52'09" E ALONG
THE NORTHERLY LINE OF SAID LOT 1, 103.76 FEET TO A POINT BEING 5.0
FEET SOUTHWESTERLY OF THE ROBERTSON DITCH; THENCE THE FOLLOWING
THIRTY FOUR (34) COURSES ALONG A LINE BEING FIVE FEET SOUTHWESTERLY
OF AND PARALLEL TO SAID DITCH:
1. S 32639'14" E 126.21 FEET
2. S 46644'01" E 101.92 FEET
3. S 58 633'08" E 103.32 FEET
4. S 58600'02" E 64.81 FEET
5. S 67 °42'09" E 113.94 FEET
6. S 56 °01'54" E 86.09 FEET
7. S 48 °44'16" E 94.31 FEET
8. S 54 612'24" E 91.37 FEET
9. S 65 643'26" E 93.55 FEET
10. S 59 °30'17" E 68.30 FEET
11. S 57 618'29" E 62.81 FEET
12. S 58 °15'43" E 56.28 FEET
13. S 69 °19'37" E 71.02 FEET
14. S 63 °33'32" E 80.52 FEET
15. S 52 °49'53" E 56.67 FEET
16. S 52 °18'07" E 96.50 FEET
17. S 51 646'39" E 131.35 FEET
18. S 50 609'46" E 64.52 FEET
19. S 67 °05'38" E 73.67 FEET
20. S 66635'27" E 54.01 FEET
J 21. S 58642141:)E 86.11 FEET
22. S 69 °18'14 E 76.28 FEET
23. S 74 °03'06" E 68.83 FEET
24. S 52 °21'15" E 35.90 FEET
25. S 49 °04'22" E 61.97 FEET
26. S 41 607'16" E 105.82 FEET
27. S 33 643'47" E 107.86 FEET
28. S 31 °39'54" E 78.81 FEET
29. 5 44 °00'03" E 113.96 FEET
30. S 52 °24'20" E 86.50 FEET
31. S 35 °41'35" E 43.48 FEET
32. S 18 °54'25" E 62.55 FEET
33. S 26 °48'20" E 139.55 FEET
34. S 23°50'33" E 101.77 FEET TO A POINT ON THE EASTERLY LINE
OF LOT 11 OF SAID SECTION 18; THENCE S 00 °00'00" E ALONG THE
EASTERLY LINE OF SAID LOT 11 AND LOT 14 OF SAID SECTION 18 622.77
FEET TO A POINT BEING 5.0 FEET WESTERLY OF THE HIGH WATER LINE OF
A -5
PAGE NO. 6
ASPEN GLEN CLUB F.U.D.
PROPERTY DESCRIPTION
THE WESTERLY BANK OF THE ROARING FORK RIVER; THENCE LEAVING SAID
LOT LINE THE FOLLOWING FIVE (5) COURSES ALONG A LINE BEING FIVE
FEET WESTERLY OF AND PARALLEL TO THE HIGH WATER LINE OF THE
WESTERLY BANK OF THE ROARING FORK RIVER:
1. S 52 °11'09" W 31.96 FEET
2. S 55 °08'57" W 79.59 FEET
3. S 59 °32'47" W 54.32 FEET
4. S 36 °29'50" W 11.85 FEET
5. ALONG THE ARC OF A NON - TANGENT CURVE TO THE LEFT HAVING
A RADIUS OF 1033.63 FEET AND A CENTRAL ANGLE OF
21 °35'27 ", A DISTANCE OF 389.50 FEET (CHORD BEARS
S 49 °22'26" W 387.20 FEET) TO A POINT ON THE NORTHERLY
LINE OF THE SW1/4SE14 OF SAID SECTION 18; THENCE S 89 °58'06" W ALONG
SAID NORTHERLY LINE 234.22 FEET TO THE NORTHWEST CORNER OF SAID
SWSEk; THENCE S 00 °36'33" W ALONG THE WESTERLY LINE OF SAID SWkSE1/4
334.72 FEET TO THE SOUTHWEST CORNER OF THE NON SW'SE'; THENCE .
N 89°55'05" E ALONG THE SOUTHERLY LINE OF SAID NON' SW' SE' 59.71
FEET TO A POINT WHICH IS FIVE FEET WESTERLY OF THE HIGH WATER LINE
OF THE WESTERLY BANK OF THE ROARING FORK RIVER; THENCE ALONG A LINE
BEING FIVE FEET WESTERLY OF AND PARALLEL TO THE HIGH WATER LINE OF
THE WESTERLY BANK OF THE ROARING FORK RIVER ALONG THE ARC OF A NON-
TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1033.63 FEET AND A
CENTRAL ANGLE OF 16 °13'19 ", A DISTANCE OF 292.65 FEET (CHORD BEARS
S 09 °19'50" W 291.67 FEET); THENCE LEAVING SAID FIVE FOOT OFFSET
LINE N 89 °23'42" W 15.53 FEET TO A POINT ON THE EASTERLY LINE OF
LOT 17 OF SAID SECTION 18; THENCE S 00°36'18" W ALONG SAID EASTERLY
LINE 716.59 FEET TO THE SOUTHEAST CORNER OF SAID LOT 17; THENCE
S 89 °46'00" W ALONG THE SOUTHERLY LINE OF SAID LOT 17, 289.11 FEET
TO A POINT ON THE EASTERLY RIGHT -OF -WAY OF COLORADO MIDLAND
RAILROAD; THENCE N 30 °32'18" W ALONG SAID EASTERLY RIGHT -OF -WAY
1822.07 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY
N 30 °27'02" W 783.75 FEET TO A POINT ON THE SOUTHERLY LINE OF
TELLER SPRINGS SUBDIVISION; THENCE N 81 °50'40" E ALONG SAID
SOUTHERLY LINE 5.57 FEET TO THE TRUE POINT OF BEGINNING; SAID
PARCEL CONTAINING 120.112 ACRES, MORE OR LESS.
ALSO EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY A PARCEL OF LAND
SITUATED IN LOT 1 AND 6 OF SECTION 13, TOWNSHIP 7 SOUTH, RANGE 89
WEST AND IN LOTS 4, 6 AND 9 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE
88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE
OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 13, AN AXLE
IN PLACE; THENCE S 80 °09'24" E 2469.81 FEET TO A POINT ON THE
EASTERLY LINE OF THE LEASE AND AGREEMENT FOR THE SALE AND PURCHASE
OF GRAVEL PARCEL, THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
A-6
PAGE NO. 7
ASPEN GLEN CLUB P.U.D.
PROPERTY DESCRIPTION
EASTERLY LINE S 86654'40" E 90.38 FEET; THENCE N 83612'17" E 112.38
FEET; THENCE N 48 °46'15" E 165.45 FEET; THENCE S 44 °59'32" E 246.06
FEET; THENCE S 82 °13'10" E 210.86 FEET; THENCE S 40 °56'54" E 296.12
FEET; THENCE S 37 616'33" E 360.84 FEET; THENCE S 44 629'49" W 47.14
FEET TO A POINT ON THE EASTERLY LINE OF SAID LEASE AND AGREEMENT
PARCEL; THENCE N 52 °21'15" W 35.90 FEET; THENCE CONTINUING ALONG
SAID EASTERLY LINE N 74 603'06" W 68.83 FEET; THENCE CONTINUING
ALONG SAID EASTERLY LINE N 69 °18'14" W 76.28 FEET; THENCE
CONTINUING ALONG SAID EASTERLY LINE N 58 °42'41" W 86.11 FEET;
THENCE CONTINUING ALONG SAID EASTERLY LINE N 66 °35'27" W 54.01
FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 67 °05'38" W
73.67 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE
N 50 °09'46" W 64.52 FEET; THENCE CONTINUING ALONG SAID EASTERLY
LINE N 51 646'39" W 131.35 FEET; THENCE CONTINUING ALONG SAID
EASTERLY LINE N 52 61$'07" W 96.50 FEET; THENCE CONTINUING ALONG
SAID EASTERLY LINE N 52 °49'53" W 56.67 FEET; THENCE CONTINUING
ALONG SAID EASTERLY LINE N 63 °33'32" W 80.52 FEET; THENCE
CONTINUING ALONG SAID EASTERLY LINE N 69 °19'37" W 71.02 FEET;
THENCE CONTINUING ALONG SAID EASTERLY LINE N 58 °15'43" W 56.28
FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 5718'29" W
62.81 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE
N 59 °30'17" W 68.30 FEET; THENCE CONTINUING ALONG SAID EASTERLY
LINE N 65 °43'26" W 93.55 FEET; THENCE CONTINUING ALONG SAID
EASTERLY LINE N 54 612'24" W 91.37 FEET TO THE TRUE POINT OF
BEGINNING; SAID PARCEL CONTAINING 5.417 ACRES, MORE OR LESS.
THE ABOVE DESCRIBED PROPERTY IS ALSO SUBJECT TO THE GARFIELD COUNTY
ROAD NO. 109 RIGHT -OF -WAY DESCRIBED AS FOLLOWS:
A 60.00' WIDE PARCEL OF LAND SITUATED IN LOT 23 OF SECTION 12, LOTS
3, 4, 5, 8, 10, 12, 13, AND 16 OF SECTION 13, LOT 1 OF SECTION 24,
ALL IN TOWNSHIP 7 SOUTH, RANGE 89 WEST, AND IN LOTS 8, 9, AND 17 OF
SECTION 19, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
(ALL BEARINGS CONTAINED HEREIN ARE BASED ON A BEARING OF
S 00 °01'46" W BETWEEN THE NORTHWEST CORNER OF SAID SECTION 20 AND
THE WEST QUARTER CORNER OF SAID SECTION 20, 1986 BLM ALUMINUM CAPS
IN PLACE)
COMMENCING AT THE NORTH ONE - QUARTER CORNER OF SAID SECTION 13, AN
AXLE IN PLACE; THENCE N 00 °11'14" W ALONG THE NORTH-SOUTH
CENTERLINE OF SAID SECTION 12, 458.62 FEET TO A POINT ON THE
EASTERLY RIGHT-OF-WAY FENCE OF GARFIELD COUNTY ROAD NO. 109, A
REBAR AND CAP L.S. #19598 FOUND IN PLACE, THE TRUE POINT OF
BEGINNINQ; THENCE S 13 °28'04" E ALONG SAID RIGHT -OF -WAY FENCE
553.88 FEET; THENCE CONTINUING ALONG SAID RIGHT -OF -WAY FENCE
A -7
PAGE NO. 8
ASPEN GLEN CLUB P.U.D.
PROPERTY DESCRIPTION
S 09 °05'41" E 565.53 FEET; THENCE CONTINUING ALONG SAID RIGHT -OF-
WAY FENCE S 17 °42'56" E 728.56 FEET; THENCE CONTINUING ALONG SAID
RIGHT -OF -WAY FENCE S 40 °03'42" E 175.51 FEET; THENCE CONTINUING
ALONG SAID RIGHT-OF-WAY FENCE S 32 °40'06" E 463.99 FEET; THENCE
LEAVING SAID RIGHT -OF -WAY FENCE AND ALONG THE EASTERLY RIGHT -OF -WAY
LINE OF SAID COUNTY ROAD #109 S 32 °40'06" E 25.66 FEET; THENCE
CONTINUING ALONG SAID EASTERLY RIGHT -OF -WAY S 20 °26'02" E 562.19
FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT -OF -WAY ALONG THE
ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 5287.84 FEET AND A
CENTRAL ANGLE OF 05 °52'29 ", A DISTANCE OF 542.18 FEET (CHORD BEARS
S 23 °22'16" E 541.94 FEET); THENCE CONTINUING ALONG SAID EASTERLY
RIGHT -OF -WAY S 26 °18'31" E 854.10 FEET; THENCE CONTINUING ALONG
SAID EASTERLY RIGHT -OF -WAY ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 730.33 FEET, A CENTRAL ANGLE OF 19 °45'06 ", A
DISTANCE OF 251.77 FEET (CHORD BEARS S 16 °25'57" E 250.53 FEET);
THENCE CONTINUING ALONG SAID EASTERLY RIGHT -OF -WAY S 06933124" E
156.75 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT -OF -WAY
ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1635.67
FEET, A CENTRAL ANGLE OF 19 °07'06 ", A DISTANCE OF 545.79 FEET
(CHORD BEARS S 16 °06'57" E 543.26 FEET); THENCE CONTINUING ALONG
SAID EASTERLY RIGHT -OF -WAY S 20 °41'20" E 11.95 FEET; THENCE
CONTINUING ALONG SAID EASTERLY RIGHT -OF -WAY S 29 °02'45" E 367.48
FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT - OF-WAY
S 29 °19'46" E 501.69 FEET; THENCE CONTINUING ALONG SAID EASTERLY
RIGHT -OF -WAY S 32 °15'50" E 38.79 FEET; THENCE CONTINUING ALONG SAID
EASTERLY RIGHT -OF -WAY S 34 °46'46" E 649.59 FEET; THENCE CONTINUING
ALONG SAID EASTERLY RIGHT -OF -WAY S 46 °01'35" E 38.04 FEET; THENCE
CONTINUING ALONG SAID EASTERLY RIGHT-OF -WAY S 57°35'29" E 479.98
FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT -OF -WAY
S 57°36'01" E 517.80 FEET; THENCE CONTINUING ALONG SAID EASTERLY
RIGHT -OF -WAY S 77 °49'23" E 107.47 FEET; THENCE CONTINUING ALONG
SAID RIGHT -OF -WAY S 78 °59'34" E 402.07 FEET; THENCE CONTINUING
ALONG SAID RIGHT -OF -WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING
A RADIUS OF 1001.79 FEET AND A CENTRAL ANGLE OF 11 °53'43 ", A
DISTANCE OF 207.98 FEET, (CHORD BEARS S 84 °56'26" E 207.61 FEET);
THENCE CONTINUING ALONG SAID RIGHT -OF -WAY N 89 °06'43" E 181.02 FEET °
THENCE CONTINUING ALONG SAID RIGHT -OF -WAY ALONG THE ARC OF A CURVE
TO THE RIGHT HAVING A RADIUS OF 190.10 FEET AND A CENTRAL ANGLE OF
62 °50'04 ", A DISTANCE OF 208.48 FEET, (CHORD BEARS S 59 °28'15" E
198.19 FEET); THENCE CONTINUING ALONG SAID RIGHT -OF -WAY
S 28. °03'13" E 259.67 FEET; THENCE CONTINUING ALONG SAID RIGHT -OF-
WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1494.54
FEET AND A CENTRAL ANGLE OF 18 °30'15 ", A DISTANCE OF 482.67 FEET,
(CHORD BEARS S 37 °18'21" E 480.58 FEET); THENCE CONTINUING ALONG
SAID RIGHT -OF -WAY S 46 °33'28" E 453.89 FEET; THENCE CONTINUING
ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 1024.62 FEET AND CENTRAL ANGLE OF 19 °52'05 ", A
DISTANCE OF 355.30 FEET (CHORD BEARS S 36 °37'26" E 353.52 FEET);
THENCE CONTINUING ALONG SAID RIGHT -OF -WAY S 26 °41'23" E 161.91
A -8
PAGE NO. 9
ASPEN GLEN CLUB P.U.D.
PROPERTY DESCRIPTION
FEET; THENCE CONTINUING ALONG SAID RIGHT -OF -WAY ALONG THE ARC OF A
CURVE TO THE LEFT HAVING A RADIUS OF 1902.23 FEET AND A CENTRAL
ANGLE OF 08 °22'57 ", A DISTANCE OF 278.30 FEET, (CHORD BEARS
S 30 °52'52" E 278.05 FEET); THENCE CONTINUING ALONG SAID RIGHT-OF-
WAY S 35 °04'20" E 518.24 FEET TO A POINT ON THE SOUTHERLY LINE OF
THE SIEVERS PARCEL; THENCE N 89 °15'57' W ALONG SAID SOUTHERLY LINE
6.66 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE
S 00 °01'25" W 59.78 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY
LINE N 32 °31'00" W 1283.00 FEET; THENCE CONTINUING ALONG SAID
SOUTHERLY LINE N 47°20'00" W 761.88 FEET TO A POINT ON THE WESTERLY
RIGHT -OF -WAY OF SAID COUNTY ROAD NO. 109; THENCE ALONG SAID
WESTERLY RIGHT -OF -WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING
A RADIUS OF 1554.54 FEET AND A CENTRAL ANGLE OF 09 °36'39 ", A
DISTANCE OF 260.76 FEET, (CHORD BEARS N 32 °51'33" W 260.45 FEET);
THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N 28 °03'13" W 259.67
FEET; THENCE CONTINUING ALONG SAID RIGHT -OF -WAY ALONG THE ARC OF A
CURVE TO THE LEFT HAVING A RADIUS OF 130.10 FEET AND A CENTRAL
ANGLE OF 62°50'04 ", A DISTANCE OF 142.68 FEET, (CHORD BEARS
N 59 °28'15" W 135.64 FEET); THENCE CONTINUING ALONG SAID RIGHT -OF-
WAY S 89 °06'43" W 177.52 FEET TO A POINT ON THE SOUTHERLY LINE OF
THE SIEVERS PARCEL; THENCE N 47 °20'00" W ALONG SAID SOUTHERLY LINE
41.37 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE
N 81 °57'00" W 723.48 FEET TO A POINT ON THE WESTERLY RIGHT -OF -WAY
OF SAID GARFIELD COUNTY ROAD NO. 109; THENCE N 57 °36'01" W ALONG
SAID WESTERLY RIGHT -OF -WAY 513.47 FEET; THENCE CONTINUING ALONG
SAID WESTERLY RIGHT -OF -WAY N 57 °35'29" W 486.06 FEET; THENCE
CONTINUING ALONG SAID WESTERLY RIGHT -OF -WAY N 46.01'35" W 50.02
FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT -OF -WAY
N 34 °46'46" W 656.82 FEET; THENCE CONTINUING ALONG SAID WESTERLY
RIGHT-OF-WAY N 32°15'50" W 41.64 FEET; THENCE CONTINUING ALONG SAID
WESTERLY RIGHT -OF -WAY N 29 °19'46" W 503.37 FEET; THENCE CONTINUING
ALONG SAID WESTERLY RIGHT -OF -WAY N 29 °02'45" W 372.01 FEET; THENCE
CONTINUING ALONG SAID WESTERLY RIGHT -OF -WAY N 20 °41'20" W 13.75
FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT -OF -WAY ALONG THE
ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1695.67 FEET AND A
CENTRAL ANGLE OF 19 °01'46 ", A DISTANCE OF 563.17 FEET (CHORD BEARS
N 16 604'17" W 560.59 FEET); THENCE CONTINUING ALONG SAID WESTERLY
RIGHT -OF -WAY N 06633'24" W 156.75 FEET; THENCE CONTINUING ALONG
SAID WESTERLY RIGHT -OF -WAY ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 670.33 FEET AND A CENTRAL ANGLE OF 19 °45'06 ", A
DISTANCE OF 231.09 FEET (CHORD BEARS N 16 °25'57" W 229.94 FEET);
THENCE CONTINUING ALONG SAID WESTERLY RIGHT -OF -WAY N 26618'31" W
854.10 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT - OF-WAY
ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 5347.84
FEET AND A CENTRAL ANGLE OF 05.52'29 ", A DISTANCE OF 548.33 FEET
(CHORD BEARS N 23 °22'16" W 548.09 FEET); THENCE CONTINUING ALONG
SAID WESTERLY RIGHT -OF -WAY N 20 °26'02" W 555.76 FEET; THENCE
CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 32 640'06" W 479.34
FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT -OF -WAY
A -9
PAGE NO. 10
ASPEN GLEN CLUB P.U.D.
PROPERTY DESCRIPTION
N 40°03'42" W 183.48 FEET; THENCE CONTINUING ALONG SAID WESTERLY
RIGHT -OF -WAY N 17'42'56" W 744.93 FEET; THENCE CONTINUING ALONG
SAID WESTERLY RIGHT -OF -WAY N 09'05'41" W 567.76 FEET; THENCE
CONTINUING ALONG SAID WESTERLY RIGHT -OF -WAY N 13`28'04" W 297.39
FEET TO A POINT ON THE NORTH -SOUTH CENTERLINE OF SAID SECTION 12;
THENCE N 00'11'14" W 261.19 FEET TO THE TRUE POINT OF BEGINNING;
SAID RIGHT -OF -WAY CONTAINING 14.169 ACRES, MORE OR LESS.
THE ABOVE DESCRIBED PROPERTY IS ALSO SUBJECT TO THE COLORADO STATE
HIGHWAY X82 RIGHT -OF -WAY DESCRIBED AS FOLLOWS:
A PARCEL OF LAND SITUATED IN THE NE1/4NW4 AND IN LOTS 5, 6, 7, 10,
11, 16, AND 20 OF SECTION 20 AND IN LOT 2 OF SECTION 29, ALL IN
TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
(ALL BEARINGS CONTAINED HEREIN ARE BASED ON A BEARING OF
S 00'01'46" W BETWEEN THE NORTHWEST CORNER OF SAID SECTION 20 AND
THE WEST QUARTER CORNER OF SAID SECTION 20, 1986 BLM ALUMINUM CAPS
IN PLACE)
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 20; THENCE
S 47'24'11" E 1785.35 FEET TO THE POINT OF INTERSECTION OF THE
SOUTHERLY RIGHT OF WAY OF COLORADO STATE HIGHWAY #82 AND THE
WESTERLY LINE OF SAID NE4NW4, THE TRUE POINT OF BEGINNING; THENCE
N 00'05'52" E 424.97 FEET TO A POINT ON THE NORTHERLY RIGHT -OF -WAY
OF SAID COLORADO STATE HIGHWAY #82; THENCE ALONG SAID NORTHERLY
RIGHT -OF -WAY S 35'21'30" E 2312.28 FEET TO A COLORADO DEPARTMENT OF
HIGHWAYS RIGHT -OF -WAY MONUMENT FOUND IN PLACE; THENCE CONTINUING
ALONG SAID NORTHERLY RIGHT -OF -WAY S 18'39'30" E 104.40 FEET TO A
COLORADO DEPARTMENT OF HIGHWAYS RIGHT -OF -WAY MONUMENT FOUND IN
PLACE; THENCE CONTINUING ALONG SAID RIGHT -OF -WAY S 35'21'30" E
1600.00 FEET TO A COLORADO DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY
MONUMENT FOUND IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY
RIGHT -OF -WAY S 52'03'30" E 104,40 FEET TO A COLORADO DEPARTMENT OF
HIGHWAYS RIGHT -OF -WAY MONUMENT FOUND IN PLACE; THENCE CONTINUING
ALONG SAID NORTHERLY RIGHT-OF-WAY S 35'21'30" E 495.00 FEET TO A
COLORADO DEPARTMENT OF HIGHWAYS RIGHT -OF -WAY MONUMENT FOUND IN
PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT -OF -WAY ALONG
THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 5730.00 FEET AND
A CENTRAL ANGLE OF 04'21'31 ", A DISTANCE OF 435.91 FEET (CHORD
BEARS S 37'36'30" E 435.80 FEET); THENCE CONTINUING ALONG SAID
NORTHERLY RIGHT--OF -WAY S 39'51'30" E 455.00 FEET TO A COLORADO
DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY MONUMENT FOUND IN PLACE; THENCE
CONTINUING ALONG SAID NORTHERLY RIGHT -OF -WAY S 52'59'30" E 44.97
FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 16; THENCE ALONG
SAID EASTERLY LINE S 01'30'51" W 94.50 FEET TO THE SOUTHEAST CORNER
OF LOT 16 OF SAID SECTION 20; THENCE ALONG THE EASTERLY LINE OF LOT
A -10
PAGE NO. 11
ASPEN GLEN CLUB P.U.D.
PROPERTY DESCRIPTION
2 OF SAID SECTION 29 S 01'21'57" W 462.08 FEET TO A POINT ON THE
SOUTHERLY RIGHT -OF -WAY OF SAID STATE HIGHWAY #82; THENCE ALONG SAID
SOUTHERLY RIGHT -OF -WAY N 35609'16" W 3904.20 FEET; THENCE
CONTINUING ALONG SAID SOUTHERLY RIGHT -OF -WAY S 88'33'59" E 62.27
FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT -OF -WAY
N 35609'16" W 652.28 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY
RIGHT --OF --WAY S 00.11156" E 87.27 FEET; THENCE CONTINUING ALONG SAID
SOUTHERLY RIGHT -OF -WAY LINE N 35'09'16" W 1191.18 FEET TO TH_E_TRUE
POINT OF BEGINNING, SAID PARCEL CONTAINING 31.789 ACRES MORE OR
LESS.
THE ABOVE DESCRIBED PROPERTY IS ALSO SUBJECT TO THE DENVER & RIO
GRANDE WESTERN RAILROAD RIGHT -OF -WAY DESCRIBED AS FOLLOWS:
A PARCEL OF LAND SITUATED IN THE NE4NW' AND IN LOTS 5, 6, 7, 10,
11, 16, AND 20 OF SECTION 20 AND IN LOT 2 OF SECTION 29, ALL IN
TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
(ALL BEARINGS CONTAINED HEREIN ARE BASED ON A BEARING OF
S 00'01'46" W BETWEEN THE NORTHWEST CORNER OF SAID SECTION 20 AND
THE WEST QUARTER CORNER OF SAID SECTION 20, 1986 BLM ALUMINUM CAPS
IN PLACE)
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 20; THENCE
S 47 624'11" E 1785.35 FEET TO THE POINT OF INTERSECTION OF THE
NORTHERLY RIGHT -OF -WAY OF THE DENVER & RIO GRANDE WESTERN RAILROAD
AND THE WESTERLY LINE OF SAID NE4NW1/4, THE TRUE POINT Of BEGINNING;
THENCE ALONG THE NORTHERLY RIGHT -OF -WAY OF SAID RAILROAD
S 35'09'16" E 1191.18 FEET; THENCE CONTINUING ALONG SAID NORTHERLY
RAILROAD RIGHT -OF -WAY N 00'11'56" W 87.27 FEET; THENCE CONTINUING
ALONG SAID NORTHERLY RIGHT -OF -WAY S 35609'16" E 652.28 FEET; THENCE
CONTINUING ALONG SAID NORTHERLY RIGHT -OF -WAY N 88'33'59" W 62.27
FEET; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT -OF -WAY
S 35'09'16" E 3904.20 FEET TO A POINT ON THE EASTERLY LINE OF LOT
2 OF SAID SECTION 29; THENCE ALONG THE EASTERLY LINE OF SAID LOT 2
SOUTH 01'21'57" W 168.04 FEET TO A POINT OF INTERSECTION OF THE
SOUTHERLY RIGHT -OF -WAY LINE OF SAID DENVER & RIO GRANDE WESTERN
RAILROAD AND THE EASTERLY LINE OF SAID LOT 2; THENCE ALONG SAID
SOUTHERLY RIGHT -OF -WAY LINE N 35'09'16" W 4113.48 FEET; THENCE
CONTINUING ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE N 88'33'59" W
62.27 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT -OF -WAY
LINE N 35'09'16" W 217.72 FEET; THENCE CONTINUING ALONG SAID
SOUTHERLY RIGHT -OF -WAY LINE N 00'11'56" W 87.27 FEET; THENCE
CONTINUING ALONG SAID RIGHT -OF -WAY LINE N 35'09'16" W 608.79 FEET;
THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE
S 35609'16" W 583.96 FEET TO A POINT ON THE WESTERLY LINE OF THE
A -11
PAGE NO. 12
ASPEN GLEN CLUB P.U.D.
PROPERTY DESCRIPTION
NEkNW14 OF SAID SECTION 20; THENCE ALONG SAID WESTERLY LINE OF THE
NEIgNW OF SAID SECTION 20 N 00`05'52" E 173.26 FEET TO THE TRUE
POINT OF BEGINNING, SAID PARCEL CONTAINING 13.936 ACRES, MORE OR
LESS.
NET ACREAGE OF THE ABOVE DESCRIBED PROPERTY EQUALS 938.407 ACRES,
MORE OR LESS.
REVISED 2/18/92, 5/28/92