HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
108 81h Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
Zone District / Comprehensive Plan Map Amendment
GENERAL INFORMATION
(To be completed by the applicant.) ,.,�1 �7
Z3tz�71�G/7'J/7TL Mesa- Anile -S
D Name of Property Owner (Applicant): 446 sac/ /iez -S 2Jiiths
D Address: P. ei - 'o y c ' 600 Telephone: _2_,522_—_2713
D City: .3S2gneriilljaState: d0 Zip Code:_a1‘31,FAX:
D Name of Owner's Representative, if any (Planner, Attorney, etc):
e� ca)eom b ao2 reerl
D Address: _J d1 4-__dl12z- II1-Aller. Telephone: 9y..5-&osg
S11_t4
D City: 12'42°,01j s State: __CO__ Zip Code: _1401 FAX:
D Street Address / General Location of Property:__e_i n__
D Legal Description: ___e e e _fes,acAco/
D Existing Use & Size of Property (in acres): fCL r'/ o ce_d
D Property's Current Zone District Designation V a.r oCA_Z
D Proposed Zone District Designation: ____Vc2r±_0 C-Ls__('Z ee „maps
D Property's Current Comprehensive Plan Designation: __ c,-)L,L210IV/5101)
D Property's "Study Area" Designation: __ c5judy__Arca_ 3
STAFF USE ONLY
D Doc. No.: Date Submitted: TC Date:
D Planner: Hearing Date:
The Battlement Mesa Company
July 1, 2007
Fred Jarman
Director of Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
EXHIBIT
RE: Battlement Mesa PUD, Request for Rezoning
Dear Fred:
The purpose of this letter is to request a modification of an existing Planned Unit Development
under Section 4.12.03 and Section 10.01.04 of the Garfield County Zoning Resolution. This
application is being submitted by Eric Schmela as Authorized Agent for Battlement Mesa
Partners, the owner of all of the subject property.
The current zoning was approved by the Garfield County Board of County Commissioners in
Resolution 82-121 on May 24, 1982 and recorded at Reception No. 333476. The majority of the
area that is the subject of this request lies within the "central core" area of Battlement Mesa. This
area is bounded by North Battlement Parkway, East Battlement Parkway, County Road #302 and
the golf course. A second parcel lies just east of and adjacent to East Battlement Parkway, and a
third parcel lies northerly of and adjacent to a residential area originally platted as Monument
Creek Village.
Under the original zoning, the "central core" area was intended for high density residential and
commercial development, as well as schools and other public uses. The residential zoning
category of Central Area Residential (CAR) allowed a density of 20 units per acre. The
commercial area was centrally located to the development and planned in such a way as to
provide for the retail, service, and professional office space needs of a community of 25,000
people. Battlement Mesa PUD was created as a planned community that would house the
executives and workers who were being attracted to the area by the large scale oil shale
development of the late 1970's. However, before the Resolution was even approved, the demand
for those types of facilities was dramatically altered when Exxon closed their facilities on May 2,
1982.
This application for rezoning will reduce the amount of land devoted to commercial uses and
reconfigure some of it as residential.
A new middle school will be built on a Targe parcel near the middle of the site, and the two parcels
within the core, as well as two outlying parcels that were previously zoned for schools will be
changed to residential uses. The existing residential zoning will be reduced to either Medium
Density Residential (MDR) with a density of 12 units per acre, or Low Density Residential (LDR)
1.1900412004- 33\Zoning\one Ghange doc
Page 1
P.O. Box 6000 • Battlement Mesa, Colorado 81636 • 970-285-9740 • Fax 970-285-9721
The Battlement Mesa Company
with a density of 5 units per acre. Although this new zoning is technically a "down zoning", it is
more fitting to both the character of the land and the demands of the market.
Attached you will find three exhibits; the first shows the existing zone district designations as
approved under Resolution 82-121, the second shows the proposed zone district designations,
and the third is a new master development plan created by Design Workshop, Inc. The
boundaries of the zoning parcels have been changed to correspond to the new master
development plan and in the case of the property west of Spencer Parkway, to more closely
correspond to the topographic conditions of the site.
The property that is the subject of this application is more specifically described in Exhibit A
attached.
Under Section 4.12.03 of the Garfield County Zoning Resolution, "All those provisions of the Plan
authorized to be enforced by the County may be modified, removed or released by the County,
subject to the following:"
(1) No modification, removal or release of the provisions of the Plan by the County shall affect the
rights of the residents, occupants and owners of the PUD to maintain and enforce those
provisions at law or in equity; and
The provisions of the associated Zone District Regulations will remain, though the boundaries and
the locations of the associated parcels will change. The changes in zoning designations are
intended to respond to the existing demographics of the community that have developed over
time as opposed to creating a "company town" as was originally planned. The proposed changes
in zoning are discussed below.
Four scattered school parcels are being replaced by one large parcel which is more centrally
located as per agreements with the Board of School District No. 16. Although the zoning
designation of this parcel will remain Business Center (BC) all uses allowed under Public, Semi-
public Recreation Zoning, including schools, are also allowed uses under this zone. Two outlying
parcels and two parcels within the central core, previously intended for schools, will be rezoned
for residential uses.
The property now zoned Business Center and Central Area Residential to the north and south of
the proposed school parcel will be re -zoned Medium Density Residential. These parcels will
provide housing conveniently located next to the school, as well as the adjoining commercial
areas.
A large area of the central core area was previously zoned Central Area Residential, having an
allowed density of 20 units per acre. That intensity of development is inconsistent with the
development of Battlement Mesa that has occurred during the intervening years since the PUD
was approved.
The proposed reduction in density to Medium and Low Density Residential within the central core
area, while still providing the ability to develop multi -family units, is more consistent with existing
uses near the site.
Page 2
1:1200412004-2331ZoninglZone Change.doc
P.O. Box 6000 • Battlement Mesa, Colorado 81636 • 970-285-9740 • Fax 970-285-9721
The Battlement Mesa Company
The area west of Spencer Parkway will be rezoned from Central Area Residential to Low Density
Residential. This property consists of a series of high mesas overlooking the golf course, defined
by intermittent drainages with steeply sloping sides. The build able area on each mesa is
severely limited by the terrain, and each building area is also highly visible from the surrounding
valley. These sites are more suited to low density, single family development that can more easily
conform to the land and reduce the visual impact from surrounding properties.
A tract of land, previously platted as Lot 4 of Burning Rock Subdivision, as well as an adjoining
parcel designated Parcel 3-8 will be rezoned to Medium Density Residential. This will replace the
Business Center zoning of Lot 4, and the Central Area Residential zoning of Parcel 3-8.
A tract of land previously platted as Stone Quarry Commons was previously zoned Low Density
Residential, and Medium Density Residential with one parcel designated as a potential school site
under Public Semi-public Recreation (PSR) zoning. The Low Density Residential and Medium
Density Residential zoning is being retained, though the boundaries of the districts are changing.
The parcel designated PSR is being rezoned to Medium Density Residential.
In response to this condition, it is the intent of this application to modify the PUD in a way that is
consistent with development that has occurred over the last twenty- five years. The changes in
zoning will not adversely impact the residents or owners within the PUD.
(2) No substantial modifications, removal or release of the provisions of the Plan by the County
shall be permitted except upon a finding by the County, following a public hearing called and held
in accordance with the provisions of Section 24-67-104.CRS, that the preservation of the entire
PUD does not affect in a substantially adverse manner either the enjoyment of land abutting upon
or across a street from the PUD, or the public interest, and is not granted solely to confer a
special benefit upon any person.
The majority of the zoning changes proposed are interior to the PUD and as such will not
adversely impact adjoining properties. The one exception to this is the parcel east of Battlement
Parkway that was previously designated as a site for a high school. This property is being
rezoned to Medium Density Residential, and lies adjacent to and northerly of another parcel with
the same zoning. The adjoining parcel is currently undeveloped and is no longer under the
ownership of Battlement Mesa Partners. The proposed zone changes are not intended to confer
a special benefit upon any one person or entity, but rather to respond to changes in market
conditions and the demand for different types of housing products then those originally approved.
(3) If time-share or fractional ownership units or other similar interest in property are proposed
after PUD zoning is granted by the Board of County Commissioners, an application for such
designation shall contain unanimous approval of all owners of real property with the PUD.
Not Applicable - no time-share or fractional ownership units are proposed.
Page 3
1:1200412004-2331Zoning\Zone Change.doc
P.O. Box 6000 • Battlement Mesa, Colorado 81636 • 970-285-9740 • Fax 970-285-9721
The Battlement Mesa Company
(4) No modification removal or release of a TPUD plan shall be permitted which would cause any
conflict with the operation or utilization of the adjacent Mass Transit Facility or with any of the
standards contained in Section 5.11 et seq. of this zoning resolution.
Not Applicable — there is no TPUD involved.
I respectfully submit this application for a Modification to the Battlement Mesa PUD and look
forward to discussing it further.
Sincerel
Eric Schmela,
Authorized Agent
Battlement Mesa Partners
1:1200412004-2331Zoning2one Change.doc
Page 4
P.O. Box 6000 • Battlement Mesa, Colorado 81636 • 970-285-9740 • Fax 970-285-9721
b. Notice by mail, containing information as described in the paragraph above, shall be
mailed to all owners of record as shown in the County Assessor's Office of lots within
two hundred feet (200') of the subject lot and to all owners of mineral interest in the
subject property at least thirty (30) but not more than sixty (60) days prior to such
hearing time by certified return receipt mail, and receipts shall be presented at the
hearing by the applicant.
c. The site shall be posted such that the notice is clearly and conspicuously visible from a
public right-of-way, with notice signs provided by the Planning Department. The
posting must take place at least thirty (30) but not more than sixty (60) days prior to the
hearing date and is the sole responsibility of the applicant to post the notice, and
ensure that it remains posted until and during the date of the hearing.
5. The Applicant is required to appear before the Planning Commission and the Board of County
Commissioners at the time and date of the public meeting / hearing at which time they will
consider the request. In addition, the Applicant shall provide proof at the hearing before the
Board of County Commissioners (and Planning Commission for an Amendment to the
Comprehensive Plan) that proper notice was provided.
6. Once the Planning Commission and/ or the Board of County Commissioners make a decision
regarding the request(s), Staff will provide the Applicant with a signed resolution memorializing
the action taken by either Board. Following the Boards' approval, this office will change the
property's zoning designation on the zoning map and the Comprehensive Plan Map (if so
decided) if approved.
I have read the s - •: nts above and have provided the required attached information which is
correct a _�- a to the best of my knowledge.
(Sign
Last Revised: 02/2006
er
Date
EDWARD MULHALL, JR,
SCOTT BALCOMB
LAWRENCE R. GREEN
TIMOTHY A. THULSON
DAVID C. HALLFORD
CHRISTOPHER L. COYLE
THOMAS J. HARTERT
CHRISTOPHER L. GEIGER
SARA M. DUNN
DANIEL C. WENNOGLE
SCOTT GROSSCUP
JORDAN MAY
BATACOMB & GREEN, P.C.
ATTORNEYS AT LAW
P. 0. DRAWER 790
818 COLORADO AVENUE
GLENWOOD SPRINGS, COLORADO 81602
David Pesnichak
Senior Planner
Garfield County
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Dear David:
Telephone: 970.945.6546
Facsimile: 970.945.9769
wwwbalcombgraen corn
January 11,2008
KENNETH BALCOMB
1 1 920-2005)
OF COUNSEL:
JOHN A. THULSON
RE: Battlement Mesa Partners, LLC, et al.
Application for Planned Unit Development Zone District Map
Amendment
Enclosed are the following documents relating to the above -referenced
application:
1. Copies of Statements of Authority for Battlement Mesa Parcel 5 LLC;
Battlement Mesa Office I LLC; Burning Rock B2L2 LLC; Battlement Mesa Land
Investments Parcel 1-A LLC; Battlement Mesa Land Investments Parcel 5-1, Trk3
and 4 LLC; Battlement Mesa Land Investments Parcel 5-2, Trk 5 LLC; Battlement
Mesa Land Investments Parcel 5-2, Trk 6 LLC; Battlement Mesa Land
Investments Parcel 1 LLC; Battlement Mesa Land Investments Parcel 2 LLC;
Battlement Mesa Land Investments Parcel 3 LLC; Battlement Mesa Land
Investments Parcel 6 LLC; Battlement Mesa Land Investments Parcel 7 LLC; and
Battlement Mesa Land Investments Parcel OHS LLC (hereafter referred to as the
"Additional Applicants").
2. Copies of recorded deeds vesting title into the Additional Applicants
of the various parcels of real property subject to and affected by the proposed
Planned Unit Development Zone District Map Amendment.
BALCOIVIB & GREEN, P.C.
ATTORNEYS AT LAW
David Pesnichak January 11, 2008
Senior Planner Page 2
3. Original Agreement for Payment Forms executed on behalf of each of
the Additional Applicants.
We are in the process of obtaining an Agreement for Payment Form from the
Grand Valley Fire Protection District and will deliver that to you as soon as we receive it.
If you have any questions concerning the enclosed documents or any other
matters concerning the application of Battlement Mesa Partners, et al., please do not
hesitate to contact me.
Very truly yours,
BALCOMB & GREEN, 1 . .
By:
Christopher . Coyle
CLC/sv
Encls.
Wright Water Engineers, Inc.
818 Colorado Avenue, Suite 307, P.O. Box 219
Glenwood Springs, Colorado 81602
(970) 945-7755 TEL
(970) 945-9210 FAX
November 14, 2007
Via Hand Delivery
Chris Coyle, Esq.
Balcomb & Green, PC
P.O. Drawer 790
Glenwood Springs, CO 81602
Re: Battlement Mesa — Water Requirement Projection
Dear Mr. Coyle:
www.wrightwater.com
e-mail: blorah@wrightwater.com
Wright Water Engineers, Inc. (WWE) and its sister company, Wright McLaughlin Engineers,
developed the basic water supply plan for the entire 3,200 -acre Battlement Mesa Planned Unit
Development (PUD). The plan was developed over several years beginning in 1978.
The physical water supply for the Battlement Mesa PUD was designed to come from diversions
from the Colorado River. There is always an adequate physical water supply in the Colorado
River for the build -out of the PUD.
The PUD has a large portfolio of decreed water rights. The two primary water rights used to
meet the development water requirements are: 1) 20 cfs of the Dow Pumping Plant and Pipeline
appropriated in 1956, and 2) 1250 acre-feet (AF) of water from Ruedi Reservoir through a
contract with the Bureau of Reclamation. The Ruedi Reservoir water is to be used as
augmentation water when the Dow water right is out -of -priority.
The key water rights for the Battlement Mesa PUD are described and decreed in Water Court
Case Nos. 79CW3351 and 82CW107. These two cases are water augmentation plans that
provide an adequate legal water supply to serve a population of 23,000 people, plus commercial
areas, schools, a community center, a 100 -acre golf course, and to irrigate 775 acres of
landscaping and lawn. Documentation on how the water requirement estimates were made is
presented in the September 23, 1982 report prepared by WWE entitled "Augmentation Plan for
Battlement Mesa". The relevant text of that report is attached.
The current population of the PUD is less than 6,000. The PUD is currently built out to less than
30 percent of its planned water supply.
The proposed rezoning of 259 acres (8 percent of the PUD), according to a report by Schmueser
Gordon & Meyer dated November 14, 2007, will require less water than the current zoning of the
259 acres. Consequently, it is WWE's opinion that there is adequate physical and legal water
currently available to meet the needs of the proposed zone change and the rest of the build -out of
the PUD as long as the demands do not exceed those described in the original decrees.
DENVER DURANGO
(303) 480.1700 TEL (303) 480-1020 FAX
(970) 259-7411 TEL (970) 259-8758 FAX
Mr. Chris Coyle
November 14, 2007
Page 2
If you have any questions or need additional historic background, please do not hesitate to call.
Very truly yours,
WRIGHT WATER ENGINEERS, INC.
By t'VAG�I�. o ,l1
William L. Lorah, P.E.
Senior Consultant
Enclosure
cc w. encl: Scott Balcomb, Esq.
C:lWORKIW WEA41-147 \000mo\Water Requirement Prajectiom.doc
Battlement Mesa
Rezone
Garfield County
Planning Commission
November 14, 2007
6:30 PM
o SITE INFORMATION: A total zone change of 259
acres
o ACCESS:
Parkway
Battlement Parkway and North Battlement
o EXISTING ZONING: Public, Semi -Public and
Recreational (PSR), Business Center (BC), Open Space
(OS), and Central Area Residential (CAR)
Project Details
o REQUEST: Rezone from Public, Semi -Public and
Recreational (PSR), Business Center (BC), Open Space
(08), and Central Area Residential (CAR) to Medium Density
Residential (MDR) and Low Density Residential (LDR)
o APPLICANT/PR PERTY OWNER: Battlement Mesa
Partners/ L -L
o REPRESENTATIVE: Chris Coyle of Balcomb and Green
o LOCATION: Battlement Mesa PUD, east of the Town of
Parachute and the Colorado River
o PROPOSED ZONING: Medium Density Residential
(MDR) and Low Density Residential (LDR)
o ADJACENT ZONING: Agricultural Residential Rural
Density (ARRD), OS (Open Space)
1
cAPACY*
Unit
Acreage and Potential DUs
Acreage Changes
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2
Road & Bridge Concerns
o The increased traffic volume would mandate many
updates to the road system at Battlement Mesa.
o The increase in traffic volume should be projected out for
the future with road improvements designed to handle
the projected traffic volumes.
o All road improvements would be at the developer's
expense and approved by the Garfield County engineer.
Staff Summary
o The application failed to address how additional dwelling
units would be served by water (§4.08.05(7)44), sewer
(§4.08.05(7)(@j(ii) and has not demonstratedTiow
additional use of these services would not harm the
services of the existing PUD residents (§4.12.03)
o The application also has not demonstrated how
additional trip generation would impact the PUD and the
surrounding area.
o Although the applicant attempted to address Section
4.12.03 of the Zoning Resolution, without directly
addressing water, sewer, and traffic impacts, it has not
been demonstrated how the potential increased density
of the rezone would not adversely affect the residents of
the PUD.
Cont...
o The maintenance of all new roads would not become the
responsibility of Garfield County and would not become
a part of our road system.
o Garfield County Road & Bridge Department would like to
see some of these concerns addressed prior to our
approving the application for the zoning change for more
residential units.
o We do not disagree that more residential units are
consistent with the surrounding area and necessary for
the influx of new people into this area needing housing
Suggested Findings
a; pr
o That the application has not ad ressed
§4.08.05(7)4(1), §4.08.05(7)V(ii),(ii), and §4.12.03 of the
Zoning Resolution of 1978, as amended.
o That the conditions of the neighborhood have not
changed to such a degree to support the requested
zone change from PSR, BC, CAR, and OS to LDR and
MDR.
o That the proposed rezoning from PSR, BC, CAR, and
OS to LDR and MDR is not in the best interests of the
public health, safety and welfare of the citizens of
Garfield County.
3
Staff Recommendation
co Based on the suggested findings, staff
recommends denial of the rezoning of
Battlement Mesa PUD from PSR, BC
CAR, and OS to LDR and MDR.
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SCHMUESER GORDON MEYER 1
18W. 6TH STREET, SUITE 200
OOD SPRINGS, COLORADO 61601
(970)BATTLEMENT MESA P. U.D.
(970)TE945-1004 FAX (970) 945-5948
ASPEN. COLORAoo (970) 925-6727
CRESD SIT
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GRAPHIC SCALE
SUMMARY OF EXISTING ZONE DISTRICTS
ZONE DISTRICT
NEW DENSITY RESIDENTIAL
LOW DENSITYRttSUENTIAL
MEDIUMDENSDYRESJDENTIAL
CENTRAL AREA RESIDENTIAL
'.: MOBILE HOME REFIDEM7AL
NEIGHBORHOOD COMMERCIAL
OFFICE PARA -
BUSINESS CENTER (BC) 156..
THOROUGHFARE ROW. (R0149 128
PUBLIC, SEMI-PUBLIC & RECREATIONAL (PSR) 1551
ACRES
(ROJO 389
(LOR)... 557
(MDR)133
R
(CA183
(MHR) 250
(NC) 23
i .TOTALS r 3370
BY
EXISTING ZONE
DISTRICTS
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GRAPIIAC SCALE
( IF FEET )
} Inch = 100011.
SUMMARY OF PROPOSED ZONE DISTRICTS
ZONE DISTRICT ACRES
RURAL DENSITYRESIDENT7AL (ROR) 389
LOW DENSITY RESIDENTIAL (LDR) 666
MEDIUM DENSITY RESIDENTIAL (MOR) 281
CENTRAL AREA RESIDENIZ4L (CAR) 71
MOBILE HOME RESIDENTIAL (IHR) 250
NEIGHBORHOOD COMMERCIAL (NC) 23
OFFICE PARK (OP) 0
BUSINESS CENTER (OC) 117
THOROUGHFARE P.O.W. (ROW) 128
PUBLIC SEMI-PUBLIC & RECREATIONAL (PSR) 1445
TOTALS
P5R
BC
GAR
MDR
3370
IDE
AREA /1 & PARCE1 /3-10
98.4 ACRES
85 ACRES
877 ACRES
48.9 ACRES
87 ACRES
20.9 ACRES
0
12 ACRES
0
67.5 ACRES
EXISTING ZONING
48040860 ZONING
AREA /2
£X/STING ZONING
PROPOSED ZONING
53.1 ACRES
76 ACRES
62 ACRES
46.8 ACRES
45.7 ACRES
0
0
55.3 ACRES
0
417 ACRES
OLD 8/08 504001 PARCEL
EXISTING ZONING
880405'/0 ZONING
40.2 ACRES.
0
0
40.2 ACRES
BLOCK R TOWN CENTER "1/NG 5
39 ACRES
2.1 ACRES
0
56 ACRES
DOST/NG ZONING
PROPOSED ZONING
BLOCK 3 70(44 CENTER 7711NC 5
EXISTING ZONING
PROPOSED ZONING
59 ACRES'
0
0
8.9 ACRES
PARCEL G MONUMENT CREEK VILLAGE
EX5T/NG ZONING
PROPOSED ZON/NC0
54 ACRES
0
8.4 ACRES
STONE OLAERRY CONMON5
7.1 ACRES
0
27.4 ACRES
36.1 ACRES
258 ACRES
272 ACRES
EXISTING ZONING
PROPOSED ZONING ZONING
59 ACRES
0
8.9 ACRES
LOT 4, BUR486 ROCK 509011,1510N
EXISTING ZONING
PROPOSED ZONING0
TOTALS
PSR
BC
CAR
MDR
LDR
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SCHMUESER 1 GORDON 1 MEYER
1 xoix Fens I wuwv""x
SCHMUESER GORDON MEYER
18 W. 6TH STREET, SURE 200
GLENWOOD SPRINGS, COLORADO 81601
<970) 945-1004 FAX (970).945-5948
ASPEN, COLORADO (9701925-6727
CRESTED GIME, CO (970) 3495355
BATTLEMENT MESA P. U.D.
047E
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PROPOSED ZONE
DISTRICTS
.rob No. 2004-233.001
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Vora: 03-27-07
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207.2 ACRES
101 ACRES
877 ACRES
48.9 ACRES
132.7 ACRES
209 ACRES
27.4 ACRES
1756 ACRES
258 ACRES
1374 ACRES
EXISTING ZONING
PROPO5(0 ZONING
NET CHANGE
-106.2 ACRES
-38.8 ACRES
-111.8 ACRES
146.2 ACRES
108.6 ACRES
•
/
6
SCHMUESER 1 GORDON 1 MEYER
1 xoix Fens I wuwv""x
SCHMUESER GORDON MEYER
18 W. 6TH STREET, SURE 200
GLENWOOD SPRINGS, COLORADO 81601
<970) 945-1004 FAX (970).945-5948
ASPEN, COLORADO (9701925-6727
CRESTED GIME, CO (970) 3495355
BATTLEMENT MESA P. U.D.
047E
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BY
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7750
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DISTRICTS
.rob No. 2004-233.001
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SUMMARY OF ZONE DISTRICTS
ZONE DISTRICT ACRES
RURAL DENSITY RE3IDENIIAt
LOW DENSITY RESIDENTIAL
MEDIUM DENSITY NESIDEMYIAL
CENTRAL AREA RESIDENTIAL
MOBILO NOME RESIDENTIAL
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PLANNED UNIT DEVELOPMENT PLAN
ZONE DISTRICT MAP
Battlement
Mesa
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LEGEND
CENTIOIL ARIA ASSIDEATIAL
liDILE ROW RASIDENTill
DENSITY RESIDENTIAL
LOW DENSITY RESIOANTIAT
RURAL DENSITY RESIOOMAL
ssishial
L, 1
I
OUPLIC BUILDINGS SOPTOTS
RAGAS/MGR FAAAS
ISR LAND
GONSEACML AREAS
GtaIRANTS
WATER
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- SECTION 3
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Battlement Mesa, Inc.
OVEN Pi -
Battlement
Mesa
Colorado ass
Legal Description of Area Subject to Zone Change
Parcel C, according to the Final Plat of Monument Creek Village, Section Two, recorded at
Reception #319920, Garfield County Records
Block 3 and Block 4, Town Center, Filing No. 5 according to the Final Plat of Town Center, Filing
No. 5 recorded at Reception #513419, Garfield County Records
Lot 4, Burning Rock Subdivision, according to the Final Plat of Burning Rock Subdivision
recorded at Reception #371427, Garfield County Records
Tracts 2, 3, 4, 5 and 6, Stone Quarry Commons, according to the Final Plat of Stone Quarry
Commons recorded at Reception # 371427, Garfield County Records
Tract 1
A tract of land in Sections 7, 8, 17 and 18 Township 7 South Range 95 West of the 6th P.M.,
bordered on the north by North Battlement Parkway on the east by Spencer Parkway, on the
south by West Battlement Parkway, on the west by Burning Rock Subdivision (Reception
#341427) and Willow Creek Village Section 2 (Reception #322310) EXCEPTING there from First
Eagles Point Subdivision (Reception #660191)
Tract 2
A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception
Number 333476, also being located within Section 8, 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 Easterly Right of Way line of the East Battlement Parkway as
recorded under Reception No. 398268, whence the Northeast Corner of said Section 8 bears
N29°12'07"E a distance of 2717.70 feet; thence along said Easterly Right of Way line the
following two (2) courses: 72.74 feet along the arc of a curve to the right, having a radius of
1195.92 feet, a central angle of 03°29'06" and subtending a chord bearing of S00°03'25"E a
distance of 72.73 feet; thence S01 °41'08"W a distance of 1445.67 feet to a point an the
boundary line of said unplatted lands of Battlement Mesa PUD; thence along said boundary line
S88°43'49"E a distance of 986.64 feet; to the Southwest Corner of Lot 1, Block 1, The Highlands
Filing 1 according to the Final Plat there recorded in Book 601 at Page 658; thence along the
boundary of said Lot 1 the following six (6) courses: N01 °16'11 "E a distance of 325.00 feet;
thence N16°25'47"E a distance of 62.35 feet; thence N48°16'11"E a distance of 58.00 feet;
thence S88°43'49"E a distance of 180.00 feet; thence S01°16'11'W a distance of 60.00 feet;
thence S35°04'39"E a distance of 96.21 feet to the East Boundary Line of said Section 8; thence
along said East Boundary line N01°15'41"E a distance of 1125.00 feet; thence N83°58'03"W a
distance of 1277.83 feet to the point of beginning. Said Parcel contains 40.25 acres more or less.
Said Parcel is subject to easements and encumbrances of record.
Tract 3
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 Battlement Parkway as recorded
under Reception Numbers 398268 and 398297, whence the Northeast Corner of said Section 8
bears N62°25'06"E a distance of 2798.94 feet; thence along said Westerly Right of Way line the
following six (6) courses: S77°24'14"E a distance of 203.47 feet; thence 1512.78 feet along the
arc of a curve to the right having a radius of 1095.92 feet, a central angle of 79°05'22" and
I:\2004\2004 -233\04 -Master Planning\Zone Change\Legal Description Zone Change.doc
1
subtending a chord bearing of S37°51133"E a distance of 1395.50 feet; thence 801041'08' W a
distance of 1445.89 feet; thence S00°59'21 "W distance of 988.83 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
nine (9) 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°30'309W 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 814.30 feet; thence 290.50 feet along the arc of a curve to the
right, having a radius of 560.00 feet, a central angle of 29°43'21" and subtending a chord bearing
of N73°52'40"W a distance of 287.26 feet; thence N59°01'00"W a distance of 310.29 feet; thence
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 N14°01'00"W a distance of 28.28 feet to a point
along the Easterly Right of Way line for Spencer Parkway as recorded under Reception No.
541093, whence the Southwest Corner for said Section 8 bears S81 °41'32"W a distance of
1413.96 feet; thence along said Easterly Right of Way line the following four courses;
N30°59'00"E a distance of 1054.70 feet; thence 641.41 feet along the arc of a curve to the left,
having a radius of 1050.00 feet, a central angle of 35°00'00" and subtending a chord bearing of
N13°29'00"E a distance of 631.48 feet; thence N04°01'00"W a distance of 125.66 feet; thence
165.21 feet along the arc of a curve to the right, having a radius of 950.00 feet, a central angle of
09°57'51" and subtending a chord bearing of N00°57'55"E a distance of 165.00 feet to the
Southwest corner of the Grace Bible Church Parcel as described under Reception No. 502529;
thence along the boundary line of said Parcel the following six (6) courses; S50°57'10"E a
distance of 171.76 feet; thence S74°24'26"E a distance of 223.22 feet; thence S56°45'01 "E a
distance of 317.60 feet; thence N00°00'00"W a distance of 442.32 feet; thence N49°20'08' W a
distance of 359.28 feet; thence N79°37'28W a distance of 224.18 feet to a point along said
Easterly Right of Way line for Spence Parkway; thence along said Easterly Right of Way the
following five (5) courses; 93.33 feet along the arc of a non -tangent curve to the right, having a
radius of 950.00 feet, a central angle of 05°37'44" and subtending a chord bearing of
N32°40'08"E a distance of 93.29 feet; thence N35°28'59"E a distance of 668.74 feet; thence
419.43 feet along the arc of a curve to the left, having a radius of 1050.00 feet; a central angle of
22°53'14" and subtending a chord bearing of N24°02'22"E a distance of 416.65 feet; thence
N12°35'46"E a distance of 427.56 feet; thence 31.42 feet along the arc of a curve to the right,
having a radius of 20.00 feet, a central angle of 89°58'50" and subtending a chord bearing of
N57°35'00"E a distance of 28.29 feet to the point of beginning. Said Parcel contains 154.46
acres more or less and is subject to easements and encumbrances of record.
EXCEPT 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 Corner 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 52101441 "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
I:\2004\2004 -233\04 -Master Planning\Zone Change\Legal Description Zone Change.doc
2
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°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;
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 Parcel contains 35.33 acres more or less.
Said Parcels are subject to easements and encumbrances of record.
EXCEPT 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 Easterly Right of Way line for Spencer Parkway as recorded under
Reception No. 541093, whence the Southwest Corner for said Section 8 bears S81 °41'32"W a
distance of 1413.96 feet; thence along said Easterly Right of Way line N30°59'00"E a distance of
643.11 feet; thence S70°49'20"E a distance of 717.30 feet to a point whence the Southwest
Corner of said Section 8 bears S77°48'44"W a distance of 2463.21 feet; thence 174.43 feet along
the arc of a non -tangent curve to the right, having a radius of 1460.00 feet, a central angle of
06°50'43" and subtending a chord bearing of S31 °59'38"W a distance of 174.33 feet; thence
445.98 feet along the arc of a reverse curve, having a radius of 790.00 feet, a central angle of
32°20'42" and subtending a chord bearing of S19°14'38"W a distance of 440.08 feet; thence
38.48 feet along the arc of a reverse curve, having a radius of 25.00 feet, a central angle of
88°1123" and subtending a chord bearing of S47°09'59"W a distance of 34.79 feet to a point on
the Northerly Right of Way line for Sipprelle Drive as recorded under Reception No. 541093;
thence along said Northerly Right of Way line the following four (4) courses: N88°44'20"W a
distance of 196.86 feet; thence 290.50 feet along the arc of a curve to the right, having a radius of
560.00 feet, a central angle of 29°43'21" and subtending a chord bearing of N73°52'40"W a
distance of 287.26 feet; thence N59°01'00'W a distance of 310.29 feet; thence 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 N14°01'21"W a distance of 28.28 feet to a the point of beginning.
Said Parcel contains 11.81 acres more or less and is subject to easements and encumbrances of
record.
I:\2004\2004 -233\04 -Master Planning\Zone Change\Legal Description Zone Change.doc
3
APPLICATION FOR REZONING
BATTLEMENT MESA PUD
Adjoining Owners Within 200 Feet of Property
Darter, LLC
786 Valley Court
Parachute, CO 81635
The Bishop & Diocese of CO
1300 Washington Street
Denver, CO 80203
Edward A. Stierberger
Revocable Trust
80 N. Oak Street
Union, MO 63084
Monument Ridge, LLC
1586 County Road 300
Parachute, CO 81635
Battlement Mesa Metro District
73 Sipprelle Drive Suite G
Battlement Mesa, CO 81635-9213
Alvin R. & Gladys A. Winter
926 County Road 308
Parachute, CO 81635-9207
David R. & Mary Ann Tonder
1104 County Road 308
Parachute, CO 81635
Council of the Rocky Mtn District
Assemblies of God/Ken Henry
1401 N. 1st Street
Grand Junction, CO 81501-2115
Grand Valley Fire Protection District
PO Box 295
Parachute, CO 81635-0295
Grand Valley Cemetery District
PO Box 103
Parachute, CO 81635-0103
John L., John W., Roy E.,
Marshall T., & Daniel W. Savage
PO Box 1926
Rifle, CO 81650
Battlement Mesa Realty Partners
PO Box 6000
Parachute, CO 81635
Board of County Commissioners
Of Garfield County
109 8th Street Suite 300
Glenwood Springs, CO 81601
Donald C. & Margaret J. Family
44 Roan Creek Drive
Parachute, CO 81635
Danette E. & Kip L. Christensen
70 Road Creek Drive
Parachute, CO 81635
William E. & Elaine M. Callister
98 Roan Creek Drive
Parachute, CO 81635
John E. & Carmen L. Robinson
124 Roan Creek Drive
Parachute, CO 81635
Walter S. & Mildred H. Worobel
156 Roan Creek Drive
Parachute, CO 81635
-1-
William M. Coelho
224 Roan Creek Drive
Parachute, CO 81635
Robert J. & Linda L. Johnson
258 Roan Creek Drive
Parachute, CO 81635
Donald P. & Susan A. Beecraft
290 Roan Creek Drive
Parachute, CO 81635
Mary M. Slattery
324 Roan Creek Drive
Parachute, CO 81635
Donald R. & Annabelle M. Chance
356 Roan Creek Drive
Parachute, CO 81635
Kenneth H.Mangum
129 Talon Trail
Parachute, CO 81635
Zdzislaw & Halina Ratajczak
137 Talon Trail
Parachute, CO 81635
Grant & Jerilyn Gross
140 Talon Trail
Parachute, CO 81635
Battlement Mesa Land &
Development Company, LLC
PO Box 6000
Parachute, CO 81635
Julie & Chris Maniscalchi
16 Angelica Circle Bldg C
Parachute, CO 81635
World Properties, LLC
10 Angelica Circle Bldg C
Parachute, CO 81635
LOWCRS, LLC
18 Angelica Circle Bldg C
Parachute, CO 81635
Gilbert & Joyce Leiker
12 Angelica Circle Bldg C
Parachute, CO 81635
Yoneko Suzuki Sherman
20 Angelica Circle Bldg C
Parachute, CO 81635
Jackie E. Lagasse
14 Angelica Circle Bldg C
Parachute, CO 81635
Joel M. Montoya
0114 Angelica Circle Bldg F
Parachute, CO 81635
Cory & Holly Cook
112 Angelica Circle Bldg F
Parachute, CO 81635
Grace Homes Construction, Inc.
786 Valley Court Bldg F
Grand Junction, CO 81505
APPLICATION FOR REZONING
BATTLEMENT MESA PUD
Adjoining Owners Within 200 Feet of Property
Battlement, LLC
144 Angelica Circle Bldg G
Parachute, CO 81635
Battlement, LLC
142 Angelica Circle Bldg G
Parachute, CO 81635
Sheri J. Michel
11 Jessica Lane Bldg D
Parachute, CO 81635
Beverly Jean Rude
13 Jessica Lane Bldg D
Parachute, CO 81635
Justin Sabata
15 Jessica Lane Bldg D
Parachute, CO 81635
Sterling Trust Company
17 Jessica Lane Bldg D
Parachute, CO 81635
Brian L. Martin
157 Angelica Circle Bldg H
Parachute, CO 81635
Bobby J. & Sylvia A. Hays
159 Angelica Circle Bldg H
Parachute, CO 81635
Walt Trust w/Business Advisors, Inc.
111 Angelica Circle Bldg I
Parachute, CO 81635
-2-
Steve R. & Diane J. Pavlin
31 Angelica Circle Bldg L
Parachute, CO 81635
Robert & Sherri Guichard
37 Angelica Circle Bldg L
Parachute, CO 81635
Steve R. & Diane J. Pavlin
33 Angelica Circle Bldg L
Parachute, CO 81635
World Properties, LLC
41 Angelica Circle Bldg L
Parachute, CO 81635
Ivan L. & Shelly D. Elliot
35 Angelica Circle Bldg L
Parachute, CO 81635
World Properties, LLC
39 Angelica Circle Bldg L
Parachute, CO 81635
Mario I. Prado
17 Angelica Circle Bldg L
Parachute, CO 81635
Carol Abbott
19 Angelica Circle Bldg L
Parachute, CO 81635
Walt Trust w/Business Advisors, Inc
113 Angelica Circle Bldg I
Parachute, CO 81635
APPLICATION FOR REZONING
BATTLEMENT MESA PUD
Adjoining Owners Within 200 Feet of Property
Herbert Schorpp-Gerhard Living
Trust
16 W. Ridge Court
Battlement Mesa, CO 81636
Robert D & Inez R. Bergerson
19 W. Ridge Court
Battlement Mesa, CO 81636
Douglas C. & Frances D. Rose
27 W. Ridge Court
Battlement Mesa, CO 81636 -
James Louis & Sharon Lea Pratt
3 W. Ridge Court
Battlement Mesa, CO 81636
David J. Jr. & Jennifer K LeJeune
6 W. Ridge Court
Battlement Mesa, CO 81636
Alan & Bonnie J. Szary
9 W. Ridge Court
Battlement Mesa, CO 81636
Patrick Fox
12 W. Ridge Court
Battlement Mesa, CO 81636
Johnny C. Sherman
15 W. Ridge Court
Battlement Mesa, CO 81636
Miles Jr. & Delores Benton
22 W. Ridge Court
Battlement Mesa, CO 81636
Gregory J. Shea
17 W. Ridge Court
Battlement Mesa, CO 81636
Terrance William Shambo
25 W. Ridge Court
Battlement Mesa, CO 81636
Raymond M & Marie L. Willey
1 W. Ridge Court
Battlement Mesa, CO 81636
Nicholas R. & Sharon A. Massaro
4 W. Ridge Court
Battlement Mesa, CO 81636
Mable A. Sanders Trust
7 W. Ridge Court
Battlement Mesa, CO 81636
Margarete K. Calfior
10 W. Ridge Court
Battlement Mesa, CO 81636
Charles F. & Sharon L. Orr
13 W. Ridge Court
Battlement Mesa, CO 81636
Janie M. Crisp
20 W. Ridge Court
Battlement Mesa, CO 81636
Kit J. & Ramie Cheney
23 W. Ridge Court
Battlement Mesa, CO 81636
-3-
Robert James Seidlitz
18 W. Ridge Court
Battlement Mesa, CO 81636
David E.Clutter
26 W. Ridge Court
Battlement Mesa, CO 81636
Nancy Jean Harvey
2 W. Ridge Court
Battlement Mesa, CO 81636
James P. & Victoria N. Points
5 W. Ridge Court
Battlement Mesa, CO 81636
Bernita E. Glasser
8 W. Ridge Court
Battlement Mesa, CO 81636
Vernon F. & Jackie A. Burgess
11 W. Ridge Court
Battlement Mesa, CO 81636
Ralph D. & Wanda F. Morgali
14 W. Ridge Court
Battlement Mesa, CO 81636
Jack K. & Karen L. Elsea
21 W. Ridge Court
Battlement Mesa, CO 81636
Caroline S. & Warren Larsen Brehmer
24 W. Ridge Court
Battlement Mesa, CO 81636
APPLICATION FOR REZONING
BATTLEMENT MESA PUD
Adjoining Owners Within 200 Feet of Property
Theodore A. & Jerald A. Rensvold
47 Willow View Way
Parachute, CO 81635
Theodore A. & Jerald A. Rensvold
35 Willow View Way
Parachute, CO 81635
Ricky D. & Jennifer L. Jablonsky
12 Willow View Way
Parachute, CO 81635
Yaneth & Loya Jaime Gonzalez
22 Willow View Way
Parachute, CO 81635
Kurt & Kate Nielsen
36 Willow View Way
Parachute, CO 81635
Janice A. Branaman
35 Aster Court
Parachute, CO 81635
Donald L. & Sherrill L. Barr
25 Aster Court
Parachute, CO 81635
Deanne G. & Angel B. Guadarrama
15 Aster Court
Parachute, CO 81635
The Kovacs Family Living Trust
299 Limberpine Circle
Paracute CO 81635
Tessie A. Simar
267 Limberpine Circle
Parachute, CO 81635
Gerald C. & Marcella D. Hamsted
235 Limberpine Circle
Parachute, CO 81635
Accord Development, Inc.
223 Limberpine Circle
Parachute, CO 81635
Accord Development, Inc.
213 Limberpine Circle
Parachute, CO 81635
Sharon Ann & John M. Kehm Jr.
45 Aster Court
Parachute, CO 81635
Accord Development, Inc.
203 Limberpine Circle
Parachute, CO 81635
Accord Development, Inc.
32 Poppy Court
Parachute, CO 81635
Ruth O. & Joseph Puchek Jr.
42 Poppy Court
Parachute, CO 81635
Eric T. Ashworth
52 Poppy Court
Parachute, CO 81635
-4-
Bertha C. Johnson
48 Cedar Court
Kenneth O. Hutchings
45 Cedar Court
George H. & Mable M. Helfenbein
16 Limberline Circle
Parachute, CO 81635
Consolidated Metro District
PO Box 6116
Battlement Mesa, CO 81636
Levi & Kelli E. Hancock
192 Roan Creek Drive
Parachute, CO 81635
Timothy T. Perry
22 Eagles Ridge Drive
Parachute, CO 81635
Terry A. Campbell
287 Limberpine Circle
Parachute, CO 81635
Frank B. & Edna H. Shove
62 Poppy Court
Parachute, CO 81635
Joseph J. & Katherine M Fern
28 W. Ridge Court
Battlement Mesa, CO 81636
APPLICATION FOR REZONING
BATTLEMENT MESA PUD
Adjoining Owners Within 200 Feet of Property
Kelvin H. & Lois L. Arbaney
10 N. Ridge Court
Battlement Mesa, CO 81636
JoAna Crutcher
36 N. Ridge Court
Battlement Mesa, CO 81636
Danny Ray & Donna May Anderson
50 N. Ridge Court
Battlement Mesa, CO 81636
Schaeffer Joyce Springer
51 N. Ridge Court
Battlement Mesa, CO 81636
Victor P. & Gretchen E. Beckler
37 N. Ridge Court
Battlement Mesa, CO 81636
Harold E. & Wanda L. Carlson
11 N. Ridge Court
Battlement Mesa, CO 81636
Michael Theodore Kwiatkoski
220 S. Ridge Court
Battlement Mesa, CO 81636
James R. & Margaret M. Askeris
237 S. Ridge Court
Battlement Mesa, CO 81636
Robert E. Coons
20 N. Ridge Court
Battlement Mesa, CO 81636
Eric B. & Sandra S. Edgerton
40 N. Ridge Court
Battlement Mesa, CO 81636
Fred W. Fisher
56 N. Ridge Court
Battlement Mesa, CO 81636
John C & Kyle J. Seese
45 N. Ridge Court
Battlement Mesa, CO 81636
John M. Jr. & Mary Jane Hunter
27 N. Ridge Court
Battlement Mesa, CO 81636
John A. & Carol J. Thulson
210 S. Ridge Court
Battlement Mesa, CO 81636
Eugene C. & Dana L. Pickett Trust
228 S. Ridge Court
Battlement Mesa, CO 81636
Dana W. & Barbara J. Barker
233 S. Ridge Court
Battlement Mesa, CO 81636
Wayne R. & Kathleen O. Morris
28 N. Ridge Court
Battlement Mesa, CO 81636
Douglas K. & Kathryn
46 N. Ridge Court
Battlement Mesa, CO 81636
Patricia J Rowe
57 N. Ridge Court
Battlement Mesa, CO 81636
Maria Vittoria Dulbecco
39 N. Ridge Court
Battlement Mesa, CO 81636
Virginia Allen Living Trust
21 N. Ridge Court
Battlement Mesa, CO 81636
Jansson Family Trust
216 S. Ridge Court
Battlement Mesa, CO 81636
George J & Lois B. Petre
232 S. Ridge Court
Battlement Mesa, CO 81636
Frederick L.III & Beverly A. Gray
229 S. Ridge Court
Battlement Mesa, CO 81636
Richard D. & Jerry A. Doran
Trustees Battlement Mesa Partners Grace Bible Church of Parachute
225 S. Ridge Court PO Box 6000 P.O. Box 338
Battlement Mesa, CO 81636 Parachute, CO 81635 Parachute, CO 81635
-5-
Horace T. Jr. & Rose G. Smith
31 W. Ridge Court
Battlement Mesa, CO 81636
James W. Ziegler
110 Angelica Circle Bldg F
Parachute, CO 81635
APPLICATION FOR REZONING
BATTLEMENT MESA PUD
Adjoining Owners Within 200 Feet of Property
Victor P. & Gretchen E. Beckler
29 W. Ridge Court
Battlement Mesa, CO 81636
Walt Trust w/Business Advisors, Inc.
117 Angelica Circle Bldg I
Parachute, CO 81635
-5-
Kenneth H. & Mary Kathleen Crow
30 W. Ridge Court
Battlement Mesa, CO 81636
Jerry J. Alvir
119 Angelica Circle Bldg I
Parachute, CO 81635
Mineral Ownership under Proposed Zone District Changes
Battlement Mesa PUD
Garfield County, CO
Twp
Rng
Sec
Location
Mineral Owner
MO Address / Telephone #
7S
95W
8
SW/4NE/4,
SE/4NE/4,
SE/4NW/4
Shaunacy Addison Gates
3815 S. Utica
Tulsa, OK 74105
7S
95W
8
SW/4NE/4,
SE/4NE/4,
SE/4NW/4
Woodard Bentley Gates
1335 E. Greenwood
Springfield, MO 65804
7S
95W
8
SW/4NE/4,
SE/4NE/4,
SE/4NW/4
Rex Elliott Gates
1022 Arlington
Yukon, OK 73099
7S
95W
8
SW/4NE/4,
SE/4NE/4,
SE/4NW/4
William E. Bakke
(Julia A. Bakke)
589 Elmire Street
Aurora, CO 80010
7S
95W
8
SW/4NE/4,
SE/4NE/4,
SE/4NW/4
Katherine Bakke Ross, also
shown as record Kathryn
Bakke Ross
(Troy G. Ross)
Route 1, Box 177
Coupland, TX 78615
7S
95W
8
SW/4NE/4,
SE/4NE/4,
SE/4NW/4
Roy Royalty, Inc
200 Court Plaza
Oklahoma City, OK 73102
7S
95W
8
SW/4NE/4,
SE/4NE/4,
SE/4NW/4
Miki S. Gardner
Box 1301
Glenwood Springs, CO 81601
7S
95W
8
SW/4NE/4,
SE/4NE/4,
SE/4NW/4
Barbara Jean Hunter, also
shown of record Barbara Jean
Juhan Hunter
530 Burton Dr.
Tucson, AZ 85704
7S
95W
8
SW/4NE/4,
SE/4NE/4,
SE/4NW/4
Edward N. Juhan, also shown
of record Nelson Juhan
7675 West, 14th Avenue
Lakewood, CO 80215
7S
95W
8
SW/4NE/4,
SE/4NE/4,
SE/4NW/4
Juhan Limited Partnership
1802 W. Grant, Ste 200
Tucson, AZ 85703
7S
95W
8
SW/4NE/4,
SE/4NE/4,
SE/4NW/4
Jenifer Sayre Hartman
409 Hazelwood
Glenview, IL 60025
7S
95W
8
SW/4NE/4,
SE/4NE/4,
SE/4NW/4
Vicki Sayre, aka Victoria
Sayre
4981 Rhoads
Santa Barbara, CA 93111
7S
95W
8
SW/4NE/4,
SE/4NE/4,
SE/4NW/4
Charles M. Sayre
1058 Warrington
Deerfield, IL 60015
7S
95W
8
SW/4NW/4
MAP0304, an Oklahoma
general partnership
100 Park Avenue Suite 1008
Oklahoma City, OK 73102
7S
95W
8
SW/4NW/4
Fossil Creek Land Company,
an Oklahoma Corporation
PO Box 485
Mustang OK 73064
Transcontinent 011 Company
July 20, 2007
1
Mineral Ownership under Proposed Zone District Changes
Battlement Mesa PUD
Garfield County, CO
7S
95W
8
SW/4NW/4
Charles W. and Patty N.
Brown, LLC
PO Box 587
Marlow, OK 73055
7S
95W
8
S/2SW, NWSE,
NWSW, SWNW
Exxon
PO BOX 53
800 Bell Street
Houston, TX 77001
7S
95W
8
NW/4SW/4
Phillip R. Mahaffey
542 Turkey Shoot Road
Pierson, Florida 32180
7S
95W
8
NW/4SW/4
Margo L. Johnson
296 Nikoloa Place
Hilo, Hawaii 99720-5474
7S
95W
8
NW/4SW/4
Barbara Hoffman
1056 McClellan Way
Stockton, California 95207-3647
7S
95W
8
NW/4SW/4
Linda C. Mahaffey
10514 Willow Park Green
Houston, Texas 77070
7S
95W
8
NESW, SWSE,
NW/4SW/4
Battlement Mesa Company
PO Box 6000
Battlement Mesa CO 816363
7S
95W
8
NE/4SE/4
Joan Savage
PO Box 1926
Rifle, CO 81650-1926
7S
95W
8
NE/4SE/4
Ida Clark, Deceased
Apparent Heirs:
Floyd L. Clark and James L.
Clark
C/O Geraldine Herwick
PO Box 52
DeBeque, CO 81630
7S
95W
8
NE/4SE/4
Loretta E. Briteman,
Deceased
C/0 Geraldine Herwick
PO Box 52
DeBeque, CO 81630
7S
95W
8
NE/4SE/4
Myrtle L. Chaffee, Deceased
C/0 Geraldine Herwick
PO Box 52
DeBeque, CO 81630
7S
95W
8
NE/4SE/4
Beatrice L. Underwood,
Deceased.
C/O Geraldine Herwick
PO Box 52
DeBeque, CO 81630
7S
95W
8
NE/4SE/4
Nellie L. Hefty, Deceased
C/O Geraldine Herwick
PO Box 52
DeBeque, CO 81630
7S
95W
8
NE/4SE/4,
SW/4NE/4 less 2.2
acres, SE/4NE/4,
SE/4NW/4
Virgil J. Parkhurst
601 Horizon PI., Apt 127
Grand Junction, CO 81506-1959
7S
95W
8
NE/4SE/4,
SW/4NE/4 less 2.2
acres, SE/4NE/4,
SE/4NW/4
F. H. Mills, Jr., Trustee
P.O. Box 465
Midland, TX 79702
7S
95W
8
NE/4SE/4,
SW/4NE/4 less 2.2
acres, SE/4NE/4,
SE/4NW/4
Ed Phillips & Associates, Inc.
P.O. Box 1313
Midland, TX 79702
Transcontinent Oil Company
July 20, 2007
2
Mineral Ownership under Proposed Zone District Changes
Battlement Mesa PUD
Garfield County, CO
7S
95W
8
NE/4SE/4,
SW/4NE/4 less 2.2
acres, SE/4NE/4,
SE/4NW/4
Chaparral Royalty Company
P.O. Box 1604
Midland, TX 79702
7S
95W
8
SW/4SE/4 Less
1.76 acres,
NE/4SW/4
Exxon
800 Bell Street
Houston, TX 77001
7S
95W
8
1.76 ac. In
SW/4SE/4, 2.2
acres in SW/4NE/4
The Board of County
Commissioners of Garfield
County
State of Colorado
7S
95W
17
SE/4NW/4,
S/2SW/4NE/4,
NW/4NE/4,
SW/NW/4 Less
2.012 ac.
Exxon
PO BOX 53
800 Bell Street
Houston, TX 77001
7S
95W
17
SE/4NW/4,
S/2SW/4NE/4
Battlement Mesa Company
PO Box 6000
Battle Mesa CO 816363
7S
95W
17
SE/4NW/4,
S/2SW/4NE/4
Henrietta Gardner
Att: Cecil Gardner P.O. Box 425
Parachute, CO 81635-0425
7S
95W
17
2.012 ac. In
SW/4NW/4
Grand Valley Cemetery
District
State of Colorado
7S
95W
18
N/2SE/4, Less the
E/2SE/4NE/4SE/4
Battlement Mesa Company
PO Box 6000
Battle Mesa CO 816363
7S
95W
18
N/2SE/4, Less the
E/2SE/4NE/4SE/4
Exxon
PO BOX 53
800 Bell Street
Houston, TX 77001
7S
95W
18
N/2SE/4, Less the
E/2SE/4NE/4SE/4
Eugene George Fairfax and
Eugene George Fairfax, Jr., j/t
5001 General Bradley NE
Albuquerque, NM 87111
7S
95W
18
N/2SE/4, Less the
E/2SE/4NE/4SE/4
Avonelle Rasmussen
c/o Eva Fairfax
410 E. Lime
Monrovia, CA
7S
95W
18
N/2SE/4, Less the
E/2SE/4NE/4SE/4
Edwin F. Fountaine
163 West 1600 North
Orem, UT 84057
7S
95W
18
N/2SE/4, Less the
E/2SE/4NE/4SE/4
Laureen Fountaine Jorgensen
430 Kirkwood Lane
Monrovia, CA 91016
78
95W
18
N/2SE/4, Less the
E/2SE/4NE/4SE/4
L. Harry Fountaine
619 Concord Street
SLC, UT 84104
7S
95W
18
N/2SE/4, Less the
E/2SE/4NE/4SE/4
E. Farrel Fountaine
9016 Michael Way
Sandy, UT 84092
7S
95W
18
N/2SE/4, Less the
E/2SE/4NE/4SE/4
J. Paul Fountaine
1221 Hunt Road
SLC, UT 84117
Transcontinent Oil Company
July 20, 2007
3
Mineral Ownership under Proposed Zone District Changes
Battlement Mesa PUD
Garfield County, CO
7S
95W
18
N/2SE/4, Less the
Nola Fountaine McOmie
6566 Clematis Way
E/2SE/4NE/4SE/4
W. Jordan, UT 84084
7S
95W
18
S/2SE/4,SE/4SW/4,
N/2SE/4
Farm Credit Bank of Wichita
P.O. Box 2940 Wichita, KS 67201-
2940
7S
95W
7, 17,
172.87 acre tract in
Exxon
PO BOX 53
18
Sections 7, 17, 18
800 Bell Street
Houston, TX 77001
7S
95W
7, 17,
172.87 acre tract in
Alarado Resources, Ltd
P. O. Box 646
18
Sections 7, 17, 18
Monument, CO 80132
7S
95W
7, 17,
172.87 acre tract in
Barrett Resources
1125 17th Street, Suite 2100
18
Sections 7, 17, 18
Corporation
Denver, CO
7S
95W
7, 17,
172.87 acre tract in
Jennie R. Adrian
33983 E. Hwy 50
18
Sections 7, 17, 18
La Junta, CO 81050
7S
95W
7, 17,
172.87 acre tract in
Tommy E. Moore
7790 County Road No. 1670
18
Sections 7, 17, 18
Roff, OK 74865
7S
95W
7, 17,
172.87 acre tract in
Zenith Drilling Corporation
505 Fourth Financial Center
18
Sections 7, 17, 18
Wichita, KS 67202
7S
95W
7, 17,
172.87 acre tract in
ABO Petroleum Corporation
207 South Fourth Street
18
Sections 7, 17, 18
Artesia, NM 88210
7S
95W
7, 17,
172.87 acre tract in
Yates Drilling Company
207 South Fourth Street
18
Sections 7, 17, 18
Artesia, NM 88210
7S
95W
7, 17,
172.87 acre tract in
Delbarco
214 S. Rock Road, Ste 109
18
Sections 7, 17, 18
Wichita, KS 67207
7S
95W
7, 17,
172.87 acre tract in
Yates Petroleum Corporation
207 South Fourth Street
18
Sections 7, 17, 18
Artesia, NM 88210
7S
95W
7, 17,
172.87 acre tract in
Estate of Martin Yates III
207 South Fourth Street
18
Sections 7, 17, 18
Artesia, NM 88210
7S
95W
7, 17,
172.87 acre tract in
Lillian Yates
207 South Fourth Street
18
Sections 7, 17, 18
Artesia, NM 88210
7S
95W
7, 17,
172.87 acre tract in
Zenith Program A
505 Fourth Financial Center
18
Sections 7, 17, 18
Wichita, KS 67202
Transcontinent Oil Company
July 20, 2007
4
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Mm M F !IV),141.141,Plif a,talrca+iMhtIt FIN 11 iii
Receptionf: 727520
07/06/2007 05:10:39 PM 9: 1947 P: 0711 Jean Rlberlco
1 or 1 Rea Fee:$6.00 Doc Fee:10.00 GARFIELD COUNTY CO
BARGAIN AND SALE DEED
KNOW ALL MEN BY THESE PRESENTS, that GARFIELD COUNTY SCHOOL DISTRICT 16, A
Political Subdivision of the State of Colorado, for the consideration of Ten Dollars and other good and valuable
consideration, in hand paid, hereby sells and conveys to BATTLEMENT MESA PARCEL 5, LLC, a
Colorado Limited Liability Company, whose legal address is 73G Sipprelle Drive, Battlement Mesa, CO 81636,
the following real property situate in the County of Garfield and State of Colorado, to -wit:
RESTRICTED RESERVE"C'
MONUMENT CREEK VILLAGE, SECTION TWO
ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 5, 1981 AS
RECEPTION NO. 319920
COUNTY OF GARFIELD
STATE OF COLORADO
with all its appurtenances.
SIGNED AND DELIVERED this 5th day of July, 2007.
Attes :
Title: / Trpjp,d.
GARFIELD COUNTY SCHOOL DISTRICT 16
A Political Subdivision of the State of Colorado
By
Name: jNo fr, cenik,.t
Title: Ag,,cLwt
1r t 1�l -4/ID (/(.W/k9
1( nrir•U11� 1)0
IM
STATE OF COLORADO
)ss.
COUNTY OF GARFIELD
The foregoing instrument was acknowledged before me this 5th day of July, 2007, by
Danette Christensen as President and Jody Dennis—Williams
as Secretary of the Garfield County School District 16, A Political Subdivision of the
State of Colorado.
Witness my hand and official seal.
My commission expires:
DEYNA. ROOF
NOT.1liF PUBLIC
STATE OF COLORADO
My Commission Expires 09/27/2009
Notary Public
10 /e0
1111 +ltF1a140411PL!N!a111111CI1 ai:Wi11i 11 111
Reeeptlon#: 727521
07/05/2007 06:10:39 PM B: 1947 P: 0712 Jean Rleerloo
1 of 2 Reo Fee:$11.00 Doo Fee:0.00 GARFIELD COUNTY CO
STATEMENT OF AUTHORITY
This Statement of Authority relates 10 an entity named: Battlement Mesa Parcel 5 LLC
2. The type of entity is a:
[ J corporation
[ J nonprofit corporation
[ X ) limited liability company
(] general partnership
[) limited partnership
[) registered limited liability partnership
[) registered limited liability limited partnership
[ ] limited partnership association
(J unincorporated nonprofit association
[ j government or governmental subdivision or agency
[ ] business tout
[ J trust
3. The entity is formed under the laws of: Colorado
4. The mailing address of the entity is: 730 Sipprelle Drive, Battkment Mesa, CO 81636
5. The [ X ) name(s), or [X) position(s) of each person authorized to execute instruments conveying,
encumbering, or otherwise affecting title to real property on behalf of the entity is/are:
David A. Gitlitz, Manager
Eric Schmela, Authorized Agent
6. 'Ibis Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section
38-30-172, C.R.S.
Executed this _ day of 2007.
STATE OF COLORADO
ss.
COUNTY OF GARFIELD
BATTLEMENT MESA PARCEL 5 LLC.
a Colorado limited liability company 4..egik.
By:
By:
The foregoing instrument was acknowledged before me this day of
2007 by David A. Gitlitz as Manager of Bafflement Mesa Parcel 5 LLC, a Colorado limited liability
company.
Witness any hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO
) 33.
COUNTY OF GARFIELD ) �7
The foregoing instrument was acknowledged before me this' May of 472(n(.
2007 by Eric Schmela as Authorized Agent of Banletnent Mesa Parcel 5 LLC, a Colorado limited
company.
Witness my hand and official seal.
My commission expires: it ypo/D7
liebil
Notary Public
1111VIM1011:0't !,Nr r i,invir,i44xl'i 11111
Recept tonal: 727521
07106/2007 05:10:39 PM 0: 1947 P: 0713 Jean Rlbarico
2 of 2 Rea Fee:311.00 Doc Fee:0.00 GARFIELD COUNTY CO
STATEMENT OF AUTHORITY
I. This Statement of Authority relates to an entity named: Bankment Mesa Parcel 5 LLC
2. The type of entity is a:
[ ] corporation
[ ] nonprofit corporation
[ X ] limited liability company
(] general partnership•
[ ] limited partnership
[ 1 registered limited liability pannerstdp
[ 1 registered limited liability limited partnership
[ 1 limited partnership association
( ] unincorporated nonprofit association
[ ] government or governmental subdivision or agency
[ ] business must
[ ] trust
3. The entity is Conned under the laws of: Colorado
4. The mailing address of the entity is: 730 Sipprelk Drive, Battlement Mesa, CO 81636
5. The [ X ] name(s), or [X ] position(s) of each person authorized to execute instruments conveying,
encumbering, or otherwise affecting title to real property on behalf of the entity Ware:
David A. Gitlitz, Manager
Eric Schmela, Authorized Agent
6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section
38-30-172,C.R.S. 11
Executed this ai 9 day of Nlw7n L 2007.
STATE OF COLORADO )
ss.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this R9 day of A,,t„r,L-
7 by David A. Oitlite as Manager of Battlement Mesa Parcel 5 LLC, a Colorado limited liability
Pant'.
BATTLEMENT MESA PARCEL 5 1.10,
a Colorado limited liability company
By:
By:
David A. Gitlitz, Manager
Eric Schmela, Anthony -4 Agent
Witness my hand and official1.
My commission expires: `-f /3b/ 20 1.0
STATE OF COLORADO
u.
COUNTY OF GARFIELD
'Choy Public
rias, 811
a�
The foregoing instrument was acknowledged before me this _ day of
2007 by Eric Schmela as Authorized Agent of Battlement Mesa Parcel 5 LLC, a Colorado limited liability
company.
Witness my hand and official seal.
My commission expires:
Notary Public
1111 h? F 411Y P111,Gilt 1ti61AWI1et44E1 Irk 11 III
Receptlonf; 724204
06/26/2007 02:42:53 PM 8: 1930 P: 0505 Jean Rlberloo
1 of 3 Roc Fee:$15.00 Doc F4e:0.00 GRRFIELD COUNTY CO
GENERAL WARRANTY DEED
[Actual consideration less than $500.00 - no documentary fee required pursuant to C.R.S. 39-13-102(2)(a))
THIS GENERAL WARRANTY DEED, made thisI jP day of m A
2007, between BATTLEMENT MESA PARTNERS, a Colorado general kartnership
("Grantor") and BATTLEMENT MESA GOLF COURSE, LLC, a Colorado limited liability
company whose legal address is P.O. Box 2100, Denver, CO 80201 ("Grantee").
WITNESSETH, That Grantor, for and in consideration of the sum of Ten and No/100ths Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does
grant, bargain, sell, convey and confirm, unto Grantee, and Grantee's heirs, successors and
assigns forever, all the real property, together with all improvements, if any, situate, lying and
being in the County of Garfield, State of Colorado, described as follows:
SEE EXHIBIT A ATTACHED HERETO AND BY THIS REFERENCE
INCORPORATED HEREIN;
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 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 Grantee, and Grantee's heirs, successors and assigns, does covenant and
agree that Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained
premises in the quiet and peaceable possession of Grantee, and Grantee's heirs, successors and
assigns, against all and every person or persons claiming the whole or any part thereof.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
1256153 5.doc
3
1111 In P rwP,MJI311111/2a!,10711414Flin xii 11 11 1
Recept long: 724204
035 of 3zRec 7 Ree:$16300 Doc Fee00.00 GGRRF7 IELD COUNTY GO
rim-Emil A
TO WARRANTY DEED
Legal Description
Lot 0, Block 1
Lots 1, 3 and 4, Block 2
all in the Buming Rock Subdivision, County of Garfield, State of Colorado
1256157 5.doc
Recorded at
Reception No.
m -cal -4957
1_ MN.71R? f[S4ORF, RECORDER
GARFIELD COUNTY, COLORADO
SPECIAL WARRANTY DEED
BUCK t%9 PACE5 S
GARFIELD
State Doc. Fee
,/So°
BATTLEMENT MESA, INC., a Delaware corporation, with
an address of 800 Bell Street, Houston, Texas 77001, for the
consideration of ten dollars and other good and valuable
consideration, in hand paid, hereby sells and conveys to
BATTLEMENT MESA PARTNERS, a Colorado general partnership, with
an address of 5575 DTC Parkway, Suite 300, Englewood, Colorado
80111, the real property located in the County of Garfield,
State of Colorado, more particularly described in Exhibit A
attached hereto and incorporated herein, with all its
appurtenances, and warrants the title to the same against all
persons claiming the whole or any part thereof, by, through or
under the grantor, subject to the matters described on
Exhibit B attached hereto and incorporated herein.
SIGNED this avilL day of December, 1989.
BATTLEMENT MESA, INC.,
.. a Delaware corporation
ATTESTar P
C. Moli
,-Secretary
STATE OF COLORADO
COUNTY OF ARAPAHOE
) ss.
By:
Rickere} A tonger, vice
Preside
The foregoing instrument was acknowledged before me
this ,2jth day of December, 1989 by Rieherd A. Stonger as Vice
President and John C. Moline as,Secretary of Battlement Mesa,
Inc., a Delaware corporation. (-As,.
WITNESS my hand and official seal.
My commission expires:
9. 199 )
e('
Notary Public
)2ISD/A$6
aooK '769 PecE520
to the Northwest Corner of 'said NE1/4 NE1/4;
Thence along the North line of said Section 9, South
89'06'43" East a distance of 1274.26 feet to the Northeast
Corner of said Section 9;
Thence along the East line of said Section 9, South
01'00'49" West a distance of 1323.29 feet, to the
Southeast Corner of the NE1/4 NE1/4 of said Section 9;
Thence along the North line of the SW1/4 NW1/4 of Section
10, Township 7 South, Range 95 West, South 88'46'55" East
a distance of 631.29 feet toa point on the North line of
the said SW1/4 NW1/4, 687 feet West of the Northeast
Corner of said SW1/4 NW1/4, said point being the Northwest
Corner of that parcel of land described in Document Number
198564 as recorded in Book 302 at Page 200 of the records
of the Clerk and Recorder of Garfield County;
Thence along the boundary of said parcel the following
five (5) courses:
(1) South 00'49'34" West a distance of 221.67 feet;
(2) South 48°09'56" East a distance of 361.92 feet
to a point 456.00 feet, as measured at right
angles, southerly from the North line of the
SW1/4 NW1/4 of said Section 10;
(3) South 89'17'47" East a distance of 166.55 feet;
(4) South 00°49'34" West a distance of 201.43 feet;
(5) South 89'17'47" East a distance of 246.37 feet;
to a point on the East line of said SW1/4 NW1/4 655 feet
South of the Northeast Corner of said SW1/4 NW1/4;
Thence departing said parcel boundary along the East line
of the SW1/4 NW1/4 of said Section 10, South 00'54'36"
West a distance of 667.20 feet to the Southeast Corner of
said SW1/4 NW1/4;
Thence along the East line of the NW1/4 SW1/4 of said
Section 10, South 00'54'380 West a distance of 1315.11
feet to the Southeast Corner of said NW1/4 SW1/4;
Thence along the South line of the NW1/4 SW1/4 of said
Section 10, North 89'11'04" West a distance of 1323.06
feet to the Southwest Corner of said NW1/4 SW1/4;
Thence along the South line of the N1/2 SE1/4 of Section
9, Township 7 South, Range 95 West, North 87'19'11" West a
distance of 2557.45 feet to the Southwest Corner of said
N1/2 SE1/4;
Thence along the South line of the N1/2 SW1/4 of Section
9, North 88'38'08" West a distance of 2654.44 feet to the
Southwest Corner of said N1/2 SW1/4;
Thence along the. South line of the NE1/4 SE1/4 of Section
8, Township 7 South, Range 95 West, North 88°43'49" West a
distance of 1331.33 feet to the Southwest Corner of said
NE1/4 SE1/4 of Section 8;
A-2
BOOK 769 PACE521_
Thence along the West line of the SEI/4 SE1/4 of Section
8, South 01°20'14" West a distance of 1316.23 feet to the
Southwest Corner of said SE1/4 SE1/4 of Section 8;
Thence along the East line of the W1/2 NE1/4 of Section
17, South 01°00'57" West a distance of 2639.16 feet to the
Southeast Corner of said W1/2 NE1/4 of Section 17;
Thence along the North line of the NE1/4 SE1/4 of Section
17, South 88°46'04" East a distance of 1324.13 feet to the
E1/4 Corner of Section 17;
Thence along the Easterly line of the NE1/4 SE1/4 of
Section 17, South 01°01'24" West a distance of 1320.50
feet to the Southeast Corner of the NE1/4 SE1/4 of Section
17;
Thence along the North line of the SW1/4 SW1/4 of Section
16, Township 7 South, Range 95 West, South 87°41'13" East
a distance of 1330.94 feet to the Northeast Corner of said
SW1/4 SW1/4;
Thence along the East line of the SW1/4 SW1/4 of Section
16, South 01°03'30" West a distance of 1322.00 feet to the
Southeast Corner of said SW1/4 SW1/4;
Thence along the South line of said Section 16 North
87°37'18" West a distance of 1330.20 feet to the Southwest
Corner of said Section 16;
Thence along the South line of Section 17, Township 7
South, Range 95 West, North 88°44'01" West a distance of
1984.49 feet to the Southwest Corner of the E1/2 SW1/4
SE1/4;
Thence along the West line of the E1/2 SW1/4 SE1/4, North
00°59'11" East, a distance of 1319.91 feet to the
Northwest Corner of said E1/2 SW1/4 SE1/4;
Thence along the South line of the NW1/4 SE1/4 of said
Section 17, North 88°45'02" West a distance of 661.78 feet
to the Southwest Corner of said NW1/4 SE1/4;
Thence along the South line of the NE1/4 SW1/4, North
88°45'02" West a distance of. 1158.58 feet to a point 10
rods East of the Southwest Corner of said NE1/4 SW1/4;
Thence North 01°03'04" East a distance of 131.93 feet;
Thence North 88°43'44" West a distance of 165.63 feet;
Thence North 00°55'58" East a distance of 527.66 feet,
along the West line of the NEI/4 SW1/4 to the Northeast
Corner of the S1/2 NW1/4 SW1/4;
Thence North 88°45'33" West 1324.42 feet to the Northeast
Corner of the E1/2 SE1/4, NE1/4 SE1/4 of Section 18,
Township 7 South, Range 95 West;
Thence along the North line of the E1/2 SE1/4 NE1/4 SE1/4
of said Section 18, North 88°24'33" West a distance of
329.86 feet to the Northwest Corner of said E1/2 SE1/4
NE1/4 SE1/4;
Thence along the West line of the E1/2 SE1/4 NE1/4 SEI/4
of said Section 18, South 00'53'57" West a distance of
659.61 feet to the Southwest Corner of said E1/2 SE1/4
NE1/4 SEI/4;
A-3
BOOK 769 PAGE522
Thence along the South line of the NE1/4 SE1/4 of. said
Section 18, North 88°26'07" West a distance of 989.84 feet
to the Southwest Corner of said NE1/4 SE1/4;
Thence along the East line of the SW1/4 SE1/4 of said
Section 18, South 00'55'21" West a distance of 1320.46
feet to the Southeast Corner of said SW1/4 SE1/4;
Thence along the East line of the W1/2 NE1/4 of Section
19, Township 7 South, Range 95 West, South 01'06'34" West
a distance of 2642.08 feet to the Southeast Corner of said
W1/2 NE1/4;
Thence along the South line of. the NE1/4 of Section 19,
North 88'41'12" West a distance of 1329.89 feet to the
Southwest Corner of said NE1/4;
Thence continuing Westerly along the South line of the
NW1/4 of said Section 19, North 88.41'12" West 2570.38
feet to the Southwest Corner of said NW1/4 of Section 19;
Thence continuing Westerly along the South line of the
NE1/4 of Section 24, Township 7 South, Range 96 West,
North 89'32'43^ West a distance of 2673.12 feet to the
Southwest Corner of said NE1/4;
Thence along the West line of said NE1/4, North 00°23'55"
West 1023.06 feet;
Thence North 01'25'42" East 229.68 feet;
North 31'20'39" East a distance of 413.32 feet;
North 23'57'45" East a distance of 196.98 feet;
North 03°44'35" East a distance of 107.23 feet;
North 78'09'48" East a distance of 170.63 feet;
North 29'11'58" East a distance of 807.63 feet;
North 41`32'54" East a distance of 223.14 feet;
North 43'05'27" East a distance of 127.35 feet;
North 45°29'15" East a distance of 332.35 feet;
North 87°42'34" East a distance of 50.04 feet;
North 31°06'41" West a distance of 332.88 feet;
North 22°45'04" West a distance of 336.16 feet;
North 39.02'08" West a distance of 476.34 feet;
North 25'36'080 West a distance of 266.13 feet;
North 04'45'49" West a distance of 301.04 feet;
North 20°21'12" East a distance of 330.64 feet;
North 30'23'55" East a distance of 434.77 feet;
North 40'00'23" East a distance of 365.55 feet;
North 59°27'09" East a distance of 354.15 feet;
North 67°50'01" East a distance of 437.32 feet;
South 74°03'17" East a distance of 145.60 feet;
North 74'48'51* East a distance of 362.66 feet;
North 77'02'26" East a distance of 383.98 feet;
North 80°16'54" East a distance of 645.06 feet;
North 53'05'34" East a distance of 612.80 feet;
North 36'59'27" East a distance of 284.20 feet;
North 39°38'39".' East a distance of 136.36 feet;
BOOK 769 P4CE523
North 18'09'46' East a distance of 266.27 feet;
North 05°30'08" East a distance of 219.01 feet;
North 35'52'20" East a distance of 298.65 feet;
North 09'18'01• East a distance of 290.82 feet;
North 09°50'56"' East a distance of 292.31 feet;
North 31'58'490 East a distance of 241.68 feet;
North 18'54'07• East a distance of 271.65 feet;
North 23°11'55"' East a distance of 380.79 feet;
North 09°57'50" East a distance of 375.67 feet;
North 06.34'55° West a distance of 261.72 feet;
North 05'26'250 East a distance of 105.48 feet;
North 20°08'11"East a distance of 159.76 feet;
North 04'25'19^ East a distance of 105.19 feet;
Thence leaving said Colorado River centerline South
81.08'11"' East 415.22 feet;
Thence North 01°04'10" East a distance of 485.22 feet;
Thence South 88.24'36" East a distance of 8 feet;
Thence North 53°18'25" East a distance o feet to
the southerly Right -Of -Way of the existing County
Road;
Thence along said Right -Of -Way South 43°14'11" East a
distance of 55.74 feet;
Thence continuing along said Right -Of -Way South 34°04'07^
East 107.02 feet;
Thence continuing along said Right -Of -Way South 15'35'44"
East 66.56 feet;
Thence North 72'19'16" West a distance of 13.56 feet;
Thence South 79'47'18" West a distance of 24.89 feet;
Thence South 37.23'26" West a distance of 100.52 feet;
Thence South 06°07'27" West a distance of 83.52 feet;
Thence North 88°48'43" East a distance of 85.28 feet to
the westerly Right -Of -Way of the existing County
Road;
Thence along said Right -Of -Way the following courses and
distances; South 10'11'10" East a distance of 50.84
feet;
Thence 244.26 feet along the arc of a curve to the left
having a radius of 1611.94 feet, the chord of said
curve bears South 02'50'01" East a distance of 244.03
feet;
Thence 331.22 feet along the arc of a curve to the left
having a radius of 270.1.0 feet the chord of said
curve bears South 42°18'20" East 310.85 feet;
Thence South 77°25'36" East a distance of 249.91 feet;
Thence South 82°00'16" East 142.25 feet;
Thence leaving said County Road Right -Of -Way North
13'52'58" East a distance of 60.00 feet;
Thence South 76.07'01"' East a distance of 196.00 feet;
Thence South 66'03'01" East a distance of 92.80 feet;
A-5
Thence North 64'50'00"
Thence South 86°44'06'
Thence North 01°36'29'
Thence North 86'44'01"
Thence North 01°36'06'
Thence North 01'32'15'
Thence North 01°39'14'
East a distance
East a distance
East a distance
West a distance
East a distance
East a distance
East a distance
BOA 769 PLSE524
of 12.20 feet;
of 201.00 feet;
of 650.00 feet;
of 359.65 feet;
of 469.21 feet;
of 568.40 feet;
of 355.62 feet;
feet to
Thence North 85°54'03" West a distance of 478.86
the high water line of the Colorado River;
Thence along said high water line the following courses
and distances:
North 13°05'07" East a distance of 307.73 feet;
North 06°43'43' East a distance of 896.17 feet;
North 19°49'25" East a distance of 613.35 feet;
North 42'43'01' East a distance of 426.02 feet;
North 56'49'54" East a distance of 182.78 feet;
North 49'26'57' East a distance of 246.11 feet;
North 61'16'18' East a distance of 853.00 feet;
North 67°09'59" East a distance of 206.15 feet;
North 69°11'36" East a distance of 267.44 feet;
North 87'08'15" East a distance of 320.40 feet;
South 73.22'09" East a distance of 80.36 feet;
North 88.43'46" East a distance of 541.13 feet;
South 88'09'51" East a distance of 312.16 feet;
South 82°24'43" East a distance of 155.46 feet;
South 84'31'33' East a distance of 332.93 feet;
South 84'58'17' East a distance of 244.74 feet;
North 42'17'27" East a distance of 998.88 feet;
North 27'02'16" East a distance of 109.07 feet;
Thence leaving said Colorado River High Water Line South
87'53'17" East a distance of 2095.95 feet to the
point of beginning.
EXCEPTING THEREFROM the following parcels:
Excepted Parcel 1
The SE1/4NE1/4 of Section 18, Township 7 South, Range 95
West of the 6th P.M. as conveyed to Edward T. Hoaglund and
Ida Lee Hoaglund by deed dated May 13, 1969 and recorded
by Reception No. 243419.
Excevted Parcel ?
A parcel of land located in the E1/2 NE1/4 of Section 9,
Township 7 South, Range 95 West of the Sixth Principal
Meridian lying South of the centerline of the existing
County Road which bisects said E1/2 NE1/4 being more fully
described as follows:
BOOK '769 PtCE525
Beginning at the Southwest Corner of the E1/2 NE1/4
of said Section 9;
Thence North 01'04'15" East 1326.43 feet to the
centerline of the existing County Road;
Thence along said centerline the following
courses: South 88°05'38" East 606.75 feet;
Thence 173.76 feet along the arc of a curve to
the left having a central angle of 36°50'00", a radius of
270.29 feet and a chord that bears North 73'13'49" East
170.52 feet;
Thence North 54.33'16" East 112.11 feet;
Thence 266.93 feet along the arc of a curve to
the right having a central angle of 79'30'00", a radius of
192.38 feet and a chord that bears South 79'26'03" East
222.24 feet;
Thence South 54°46'19" East 238.44 feet;
Thence leaving said road centerline South
01'00'49" West 1284.83 feet, along the East line of said
E1/2 NE1/4 to the Southeast Corner of said E1/2 NE1/4;
Thence North 80'05'03" West 1277.04 feet along
the South line of said E1/2 NE1/4 to the point of
beginning.
Excepted Parcel 3
A11 that part of the NE1/4 SE1/4 of Section 7, Township 7
South, Range 95 West of the 6th P.M., Garfield County,
Colorado, lying and being South and West of the right-of-
way for County Road No. 305 as now constructed, as
conveyed to Clara E. Mahaffey by deed dated November 10,
1941 and recorded as Reception No. 146955.
Excepted Parcel 4
A parcel of land beginning at the Northwest corner of the
NE1/4 SE1/4 of Section 7, Township 7 South, Range 95 West,
6th P.M.;
thence South 02°36 1/2' West 586.9 feet;
thence South 75'07' East 196 feet;
thence South 65'03' East 92.8 feet;
thence North 65'50' East 12.2 feet;
thence North 85°44' West 201 feet;
thence North 02°36 1/2' East 650 feet;
thence North 85°44' West 489.4 feet to the point of
beginning.
Bxcepted Parcel 5
A parcel of land conveyed.to the Grand Valley Cemetery
District located in Section 17, Township 7 South, Range 95
A-7
BOOK 769 P26E526
West of the 6th P.M., Garfield County, Colorado according
to the Plat recorded January 29, 1985 as Reception No.
368453.
Excepted Parcel 6
All land conveyed to Fred G. Gardner and Henrietta Gardner
by deed dated June t., 1957 and recorded as Reception No.
198028, conveyed to Ruth I. White by deed dated ovember 7,
1958 and recorded as Reception No. 203414 and by deed
dated May 14, 1981 and recorded as Reception No. 315095
conveyed to Cecil A. Gardner and Ruth L. Gardner.
Together with a parcel of land located in Section 18,
Township 7 South, Range 95 West of the Sixth Principal
Meridian and more particularly described as follows:
Beginning at a point whence a Bureau of Reclamation
Brass Cap monumenting the W1/4 Corner of said Section 18
bears North 88°23'00" West 777.00 feet;
Thence North 17'37'00" East 180.00 feet;
Thence South 88'23'00" East 457.16 feet;
Thence South 24°50'39' West 188.29 feet;
Thence North 88'23'52" West 432.52 feet to the
point of beginning.
Excepted Parcel 7
All land conveyed to the Board of County Commissioners of
Garfield County by the following deeds:
Recording Date Book/Page
September 13, 1911
March 9, 1915
March 9, 1915
March 9, 1915
March 9, 1915
March 9, 1915
August 9, 1950
August 9, 1950
August 9, 1950
December 3, 1907
January 5, 1905
March 9, 1915
83/520
86/341
86/344
86/345
86/343
86/340
252/17
252/18
256/16
67/514
62/77
86/342
Reception No.
42609
51360
51363
51364
51362
51359
173062
173063
173061
34352
30258
51361
c
BOOK 769 P2GE5??
Excepted Parcel 8
All land conveyed to Public Service Corporation by the
following deeds:
Recording Date
Book/Page Reception No.
September 11, 1909 79/146
May 25, 1961 '334/242
re-recorded June 6, 1961 334/324
Excepted Parcel 9
37734
213846
213952
That portion conveyed to The Mountain States Telephone and
Telegraph Company by document recorded June 7, 1981 in
Book 576 at Page 230 as Reception No. 316688.
Excepted Parcel 10
That portion conveyed to Storer Cable T.V. Inc. by
document recorded September 11, 1981 in Book 581 at Page
120 as Reception No. 319076.
Excepted Parcel 11
That portion conveyed to Eaton Investment Company by
document recorded April 15, 1982 in Book 597 at Page 229
as Reception No. 326735.
Excepted Parcel 12
All those portions lying Northerly of the Southerly bank
and Westerly of the Easterly bank of the Colorado River.
Excepted Parcel 13
50% interest conveyed to Richard A. Stanger, Delbert E.
Dawson, Stephen M. Virden, Robert A. Foster and William W.
Wilde, by document recorded February 22, 1988 in Book 729
at Page 231 as Reception No. 389775.
Excepted Parcel 11
That portion conveyed to the Garfield County Colorado
School District 16 Building Corporation by document
recorded September 17, 1985 in Book 675 at Page 572 as
Reception No. 365005 and platted as L.W. St. John Middle
School, Plat recorded December 5, 1983 as Reception No.
347912.
A-9
8U3 '769 ncE528
Fxcepted.Parcel 15
That portion conveyed to the Battlement Mesa Service
Association by document recorded September 23, 1982 in
Book 608 at Page 648 as Reception No. 332739.
Excepted Parcel 16
60% interest conveyed to Richard A. Stonger, Richard L.
Witt, Robert A. Foster and William W. Wilde, by document
recorded March 11, 1987 in Book 707 at Page 44 as
Reception No. 379728.
Excepted Parcel 17
All property contained within Town Center Filing No. 4,
according to the Plat thereof, recorded October 8, 1986,
as Document No. 375171.
Excepted Parcel 18
The following property contained within Monument Creek
Village, Section one, according to the Plat thereof,
recorded August 11, 1981 as Document No. 318004:
All of Block 1,
All of Block 2,
Lot 1, Block 3,
Lots 5, 13 and 25, Block 5,
Lots 1, 4, 5 and 7, Block 6,
Lots 1 through 4, Block 7,
Lots 1, 4 and 5, Block 8,
Lots 5, 8, 9, 10, 17, 19 and 21, Block 9,
All of Block 13,
Lots 1, 2, 3 and 4 through 14, Block 14,
Lots 1 through 3, 5, 7, 9, 11, 17, 18, 21, 23 through 26
and 29, Block 15,
Lots 1, 3 through 9, 13 through 17, and 19 through 25,
Block 16,
Lots 1 and 4 through 8, Block 17,
Lots 2 through 9, Block 18, and
All of Block 19
Excepted Parcel 19
The following property contained within Willow Creek
Village, Section One, according to the Plat thereof,
recorded November 9, 1981 as Document No. 321237:
A-10
Lot 4, Block 1,
Lots 1 and 8 through 10, Block 2,
Lots 1, 2 and 8, Block 3, and
Lots 5 through 9, Block 4
excepted Parcel 20
Lot 22, Block 2 and
Lots 17 through 19 and Lot 27, Block
Village, Section One, according to th
recorded November 16, 1981 as Documen
,Excepted Parcel 21
BOOK 769 PAGE52Y
4, Battlement Cree
e Plat thereof,
t No. 321539.
Lot 1, Block 1, River Bluff Filing 9,
Plat thereof, recorded July 18, 1983,
344072 and the Replat, recorded May 7,
No. 352082.
Excepted Parcel 22
according to the
as Document No.
1984 as Document
k,
Lot 1, Block 1, Jack's Pocket Village Filing 4, according
to the Plat thereof, recorded July 22, 1983, as Document
No. 344066.
Excepted Parcel 23
Lots 13 and 16, Block 18, Saddleback Village Filing No. 1,
according to the Plat thereof, recorded July 19, 1988 as
Document No. 393852.
Excepted Parcel 24
Lots 4, 5, 6 and 7
Mesa Ridge Phase I
according to the Plat thereof recorded September 12,
as Document No. 395200.
Excepted Parcel 25
1988
Lots 1, 2 and 3, Block 1, River Bluff Filing No. 1,
according to the Plat thereof, recorded under Reception
No. 371428.
Excepted Parcel 26
Lot 1, Block 1, River Bluff Filing No. 2, according to the
Plat thereof, recorded under Reception No. 344067.
A-11
Excepted Parcel 27
Lot 1, Block 1, River Bluff Filing No.
Plat thereof, recorded under Reception
Excepted Parcel 28
Lot .1, Block 1, River Bluff Filing No.
Plat thereof, recorded under Reception
/Excepted Parcel 29
Lot 1, Block 1, River .Bluff Filing No.
Plat thereof, recorded under Reception
Excepted Parcel 30
Lot 1, Block 1
according to t
No. 344064.
BOOK 769 PAcE5 3Q
3, according to the
No. 344068.
4, according to the
No. 344069.
5, according to the
No. 352323.
, Jack's Pocket Village Filing No. 2,
he Plat thereof, recorded under Reception
"Excepted Parcel 3,
Lot 1, Block 1, Jack's Pocket Village Filing No. 3,
according to the Plat thereof, recorded under Reception
No. 344065.
Excepted Parcel 3a
Lot 1, Block 1, The Highlands Filing No. 1, according to
the Plat thereof, recorded under Reception No. 344062.
Excepted Parcel 33
Lot 1, Block 1, Tamarisk Lift Station, according to the
Plat thereof, recorded under Reception No. 363320.
A-12.'
mmad/ab4
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY ( hereinafter COUNTY) and Battlement Mesa Partners and associated entities
(hereinafter APPLICANT) aggress as follows:
1. APPLICANT has submitted to COUNTY an application for Rezoning of a portion of
Battlement Mesa P.U.D. (hereinafter, THE PROJECT).
2. APPLICANT understands and aggress that Garfield County Resolution No, 98-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the guideline for
the administration of the fee schedule.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the County when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the consideration of an
application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded
costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the
COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all
billing shall be paid prior to the final consideration by the COUNTY of any land use permits, zoning
amendment, or subdivision plan.
Date:
Eric Schmela, Authorized Agent
Print Name
Mailing Address:
P.O. Box 6000
Battlement Mesa, CO 81636
I:\2004\2004 -233\04 -Master Planning \Zone ChangMAGREEMENT FOR PAYMENT.doc
r.
STATE OF COLORADO
SS.
County of Garfield )
a regula meeting of the Board of County Commissioners
held at the Court House in Glenwood Springs on
, the .24th day of May
At r
for Garfield County, Colorado,
Monday
A.D. 19 82, there wero'(sresen
t:
Eugene Driti
Larry Velas
pouse
uez
Earl Rhodes
Leanne Cleland, Deputy
,Commissioner Chariman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 82-121
A RESOLUTION CONCERNED WITH APPROVAL OF A MODIFICATION TO THE pL?NNED UNIT
layELOPMENT PLAN OF THE 13A Y . maki MEGA PLANNED UNIT DEVELOPMENT.
WHEREAS, Battlement Mesa, Inc. has filed a petition with the Board of County
Commissioners of Garfield County to modify the Planned Unit Development Plan of the
Battlement Mesa Planned Unit Development; and
WHEREAS, a public hearing was held by this Board on April 19, 1982 arca
continued to May 3, 1982; and
WHEREAS, based on the evidence, testimony, exhibits, study of the Comprehensive
Plan for the unincorporated area of the County, comments of the Garfield County
Planning Department, uu m nts of public officals and agencies, arca oaments from
all interested parties, this Board finds as follows:
1. That proper posting, publication, and ;public notice was_ provided as.
required by law for the hearing before the Board;
2. That 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 that hearing;
3. That the Garfield County Planning Cnwd ssion has recommended to chis :Board
that the iequested modification of the Planned Unit Development Plaii;tie'granted,;
4. That the proposed zoning is in compliance with the recommendations 'set
forth in the Comprehensive Plan for the unincorporated area bf the County;
5. That the proposed land use will be compatible with existing and permitted
land uses in the nearby area;
6. That for the above -stated and other reasons, the proposed -modification of
the Planned Unit Development Plan is in the best interest of thehealth, safety,
morals, convenience, order, prosperity and Welfare of the citizens of Garfield
County;
NOW, ?HEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado that the petition of Battlement Mesa, Inc. for a modification of
the Planned Unit Development Plan of the Battlement Mesa Planned Unit development
for the following described unincorporated area of Garfield County be and hereby is
granted and approved subject to the following conditions:
LEGAL. DESCRIPTION: EXHIBIT A attached
1. That the Battlement Mesa Planned Unit Development shall consist of the
following zoning districts, the boundaries of which shall be indicated upon final
plat of Battlement Mesa Planned Unit Development, or various final plats thereof,
which districts shall be identified as follows:
SEE EXHIBITS B (TEXT) AND C (MAP) ATTACHED
2. All resolutions or parts thereof, inconsistent herewith, are hereby
repealed to the extent only of such inconsistency. This repealer shall not he
construed as revivirg arry resolution of part thereof.
ATTEST:
t/erCali
of e Board
BOARD of COUNTY COMMISSIONERS
GARFIELD COUNTY, GDLCPADO
upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
STAVE OF ODIARADO:
)SS.
County of Garfield
Eleven J. Cerise
Eugene Drinkhouse
Larry Velasquez
Aye
Aye
Aye
Commissioners
I, , 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 Order is truly copied from the Records of
the proceedings of the Board of County Commissioners for said Garfield County, now
in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this day of , A.D. 19
County Clerk and ex -officio Clerk of the
Board of County Commissioners
EXHIBIT "t"
REVISED PROPERTY DESCRIPTION
FOR
April 15, 1982
BATTLEMENT MESA PLANNED UNIT DEVELOPMENT
A parcel of land lying in Sections 5, 6, 7, 8, 9, 10, 16, 17, 18, and 19,
Township 7 South, Range 95 West and Sections 13 and 24, Township 7 South,
Range 96 West, of the Sixth Principal Meridian, County of Garfield, State of
Colorado, more particularly described as follows:
Beginning at the East 1/4 Corner of Section 5, Township 7 South, Range
95 West;
Thence along the East line of Section 5, S 00° 15' 43" W a distance of
1628.34 feet, to the SE Corner of the N 1/2, NE 1/4, SE 1/4, SE 1/4 of
Said Section 5;
Thence along the South line of the N 1/2, NE 1/4, SE 1/4, SE 1/4,
N 87° 19' 130" W a distance of 664.56 feet, to the SW Corner of said
N 1/2, NE 1/4, SE 1/4, SE 1/4;
Thence along the West line of the -N 1/2, NE 1/4, SE 1/4, SE 1/4 of
Section 5, N 00°' 23' 16" E a distance of 324.34 feet, to the NW
Corner of said NE 1/4, SE 1/4, SE 1/4;
Thence along the North line of the SE 1/4, SE 1/4 of said Section 5,
N 87° 26' 14" W a distance of 663.79 feet, to the NW Corner of said
,SE 1/4, SE 1/4;
Thence along the West line of SE 1/4, SE 1/4 of said Section 5,
5 00° 30' 52" W a distance.of 1292.05 feet, to the SW Corner of said
SE 1/4, SE 1/4;
Thence along the South line of said Section 5, S 86° 59' 25" E a distance
of 1333.74 feet, to the SE Corner of said Section 5;.
Thence along the North line of Section 9, Township 7 South, Range 95 West,
5 87° 59' 43" E a distance of 1326.37 feet, to the NE Corner of the
NW 1/4, NW 1/4 of said Section 9;
Thence along the East line of the NW 1/4, NW 1/4 of said Section 9,
5 O1° 02' 26" W a distance of 1301.45 feet, to the SE Corner of Said NW 1/4,
NW 1/4;
Thence along the North line of the SE 1/4, NW 1/4 of said Section 9,
5 88° 02' 23" E a distance of 1324.35 feet, to the LIE' Corner of said
SE 1/4, NW 1/4;
Thence along the North line of the SW 1/4, NE 1/4 of said Section 9,
S 88° 35' 51" E a distance of 1275.60 feet, to the NE Corner of said
SW 1/4, NE 1/4;
Thence along the West line of the N£ 1/4, NE 1/4 of said Section 9,
N 01° 04' 15" E a distance of 1311.84 feet, to the NW corner of said
NE 1/4, NE 1/4;
Thence along the North line of said Section 9, S 89° 06' 43" E a distance
of 1274,26 feet, to the NE corner of said Section 9;
Thence along the East line of said Section 9, S 01° 00' 49" W a distance
of 1323.29 feet, to the SE corner of the NE 1/4, NE 1/4, of said Section 9;
Thence along the North line of the SW 1/4, NW 1/4 of Section 10, Township 7
South, Range 95 West, S 88° 46' 55" E a distance of 631.29 feet, to a point
on the North line of the said SW 1/4, NW 1/4, 687 feet West of the NE
corner of said SW 1/4, NW 1/4, said point being the Northwest corner of that
Page 2
parcel of land described in Document Number 198564 as recorded in
Book 302, at Page 200 of the records of the Clerk and Recorder of
Garfield County;
Thence along the boundary of said parcel the following five (5)
courses:
(1) S 00° 49' 34" W a distance of 221.67 feet;
(2) S 48° 09' 56" E a distance of 361.92 to a point
456.00 feet, as measured at right angles, southerly from
the North line of the Southwest 1/4, Northwest 1/4 of said
Section 10;
(3) 5 89° 17' 47" E a distance of 166.55 feet;
(4) S 00° 49' 34" W a distance of 201.43 feet;
(5) S 89° 17' 47" E a distance of 246.37 feet;
to a Roint on the East line of said SW 1/4, NW 1/4, 655 feet. South
of the Northeast Corner of said SW 1/4, NW 1/4;
Thence departing said parcel boundary along the fast line of the
SW 1/4, NW 1/4 of said Section 10, S 00° 54' 36" W a distance of
667.20 feet, to the SE corner of said SW 1/4, NW 1/4;
Thence along the East line of the NW 1/4, SW 1/4 of said Section 10,
S 00° 54' 38" W a distance of 1315.11 feet, to the SE corner of said
NW 1/4, SW 1/4;
Thence along the South line of the NW 1/4, SW 1/4 of said Section 10,
N'89° 11' 04" W a distance of 1323.06 feet, to the SW corner of said
NW 1/4, SW 1/4;
Thence along the South line of the N 1/2, SE 1/4 of Section 9,
Township 7 South, Range 95 West N 87° 19' 11" W i distance of
2557.45 feet, to the SW corner of said N 1/2, SE 1/4;
Thence along the South line of the N 1/2, SW 1/4 of Section 9,
N 880 38' 08" N a distance of 2654.44 feet to the SW corner of said
N 1/2, SW 1/4;
Thence along the South line of the NE 1/4, SE 1/4 of Section 8, Township
7 South, Range 95 West, N 88° 43' 49" W a distance of 1331.33 feet to the
SW corner of said NE 1/4, SE 1/4 of Section 8;
Thence along the West line of the SE 1/4, SE 1/4 of.Section 8,
S 01° 20' 14" W a distance of 1316.23 feet to the SW corner of
said SE 1/4', SE 1/4 of Section 8;
Thence along the East line of the W 1/2, NE 1/4 of Section 17,
S 01° 00' 57" W a distance of 2639.16 feet, to the SE corner of said
W 1/2, NE 1/4 of Section 17;
lhence along the North line of the NE 1/4, SE 1/4 of Section 17,
S 88° 46' 04" E a distance of 1324.13 feet, to the E 1/4 corner of
Section 17;
Thence along the Easterly line of the NE 1/4, SE 1/4 of Section 17,
S 01° 01' 24" W a distance of 1320.50 feet, to the SE corner of the
NE 1/4, SE 1/4, of Section 17;
Thence along the North line of the SW 1/4, 5W 1/4 of Section 16,
Township 7 South, Range 95 West, S 87° 41' 13" E a distance of
1330.94 feet, to the NE corner of said SW 1/4, SW 1/4;
Thence along the East line of the 5W 1/4, SW 1/4 of Section 16,
S 01° 03' 30" W a distance of 1322.00 feet to the SE corner of said
SW 1/4, SW 1/4;
Thence along the South line of said Section 16 N 87° 37' 18" W a distance
of 1330.20 feet, to the 5W corner of said Section 16;
' Page 3
Thence along the South line of Section 17, Township 7 South, Rnage 95 West
N 88° 44' 01" W a distance of 1984.49 feet, to the SW corner of the
E 1/2, SW 1/4, 5E 1/4;
Thence along the West line of the E 1/2, SW 1/4, SE 1/4, N 00°59'11" E;
a distance of 1319.91 feet, to the NW corner of said E 1/2, SW 1/4, SE 1/4;
Thence along the South line of the NW 1/4, SE 1/4 of said Section 17,
N 88° 45' 02" W a distance of 661.78 feet, to the SW corner of said NW 1/4,
SE 1/4;
Thence along the South line of the NE 1/4, SW 1/4, N 88° 45' 02" W a
distance of 1158.58 feet, to a point 10 rods East of the SW corner of
Said NE 1/4, SW 1/4;
Thence N 010 03' 04" E a distance of 131.93 feet;
Thence N 88° 43' 44" W a distance of 165.63 feet;
Thence N 00° 55' 58" E a distance of 527.66 feet, along the West line of
the NE 1/4, SW 1/4 to the NE corner of the S 1/2, NW 1/4, SW 1/4;
Thence N 880 45' 33" W 1324.42 feet to the NE corner of the E 1/2, SE 1/4,
NE 1/4, SE 1/4 of Section 18, Township 7 South, Range 95 West;
Thence along the North line of the E 1/2, SE 1/4, NE 1/4, 5E 1/4 of said
Section 18, N 88° 24' 33" W a distance of 329.86 feet, to the NW corner
of said East 1/2, SE 1/4, NE 1/4, SE 1/4;
Thence along the West line of the E 1/2, SE 1/4, NE 1/4, SE 1/4 of said
Section 18, S DO° 53' 57" W a distance of 659.61 feet to the SW corner
of said E 1/2, SE 1/4, 11E 1/4, SE 1/4;
Thence along the South line of the NE 1/4, SE 1/4 of said Section 18,
N 88° 26' 07" W a distance�of 989.84 feet to the SW corner of said
NE 1/4, SE 1/4;
Thence along the East line of the SW 1/4, SE 1/4, of said Section 18,
S 00° 55' 21" Wa-distance of 1320.46 feet, to the SE corner of said
SW 1/4, SE 1/4;
Thence along the East line of the W 1/2, NE 1/4 of Section 19,
Township 7 South, Range 95 West, 5 01° 06' 34" W a distance of 2642.08
feet, to the SE corner of said W 1/2, NE 1/4;
Thence along the South line of the NE 1/4 of Section 19, N 88°41'12" W
a distance of 1329.89 feet, to the SW corner of said NE 1/4;
Thence continuing Westerly along the South line of the NW 1/4 of said
Section 19, N 88° 41' 12" 2570.38 feet to the SW corner of said NW 1/4
of Section 19;.
Thence continuing Westerly along the South line of the NE 1/4 of
Section 24, Township 7 South, Range 96 West, N 89° 32' 43" W a distance of
2673.12 feet to the SW corner of said NE 1/4;
Thence along the West line of Said NE 1/4, N 00° 23' 55" W 1023.06 feet;
Thence N 01° 25' 42" E 229.68 feet;
Thence N 660 11' 04" W 236.83 feet;
Thence N 34° 29' 42" E 1613.03 feet;
Thence N 88° 52' 30" W 202.82 feet;
Thence N 00° D0' 00" E 461.13 feet;
Thence N 81° 10' 00" W 955.94 feet to the centerline of the Colorado River;
Thence along said center the following courses and distances;
N 26° 28' 25" E
N 30° 21' 25" E
N 35° 25' 25" E
N 29° 17' 25" E
N 40° 24' 25" E
N 36° 27' 25" E
232.98 feet;
206.15 feet;
644.58 feet;
829.38 feet;
99.86 feet;
150.05 feet;
-c
Page 4
N 34° 54' 25" E
N 31° 12' 21" E
N 50° 36' 25" E
N 72° 23' 50" E
N 760 17' 12" E
N 77° 41' 27" E
N. 79° 53' 07" E
N 79° 01' 50" E
N 62° 57' 39" E
N 27° 17' 27" E
N 40° 46' 59" E
N 24° 17' 40" E
N 32° 26' 39" E
N 60° 01' 18" E
N 74° 02' 49" E
N 78° 19' 08" E
N 50° 40' 20" E
N 35° 52' 21" E
N 26° 41' 02" E
N 14° 13' 25" E
N 24° 54' 48" E
N 14° 40' 02" E
N 04° 23' 25" W
N 080 35' Q4" E
N 20° 08' 11" E
N 32° 27' 48" E
163.27 feet;,
266.75 feet;
686.79 feet;
390.96 feet;
151.22 feet;
463.54 feet;
281.99 feet;
87.91 feet;
257.89 feet;
312.44 feet;
126.43 feet;
197.27 feet;
124.13 feet;
109.42 feet;
226.07 feet;
154.17 feet;
444.46 feet;
149.32. feet;
150.34 feet;
511.69 feet;
241.07 feet;
996.76 feet;
274.60 feet;
215.19 feet;
79.88 feet;
71.69 feet;
Thence leaving said Colorado River centerline S 81° 08' 11" E 526.15 feet;
Thence North 01° 04' 10" East a distance of 485.22 feet;
Thence South 88° 24' 36" East a distance of 83.00 feet;
Thence North 53° 18' 25" East a distance of 635.50 feet to the
southerly Right -Of -Way of the existing County Road;
Thence along said Right -Of -Way South 43° 14' 11" East a distance
of 55.74 feet;
Thence continuing along said Right -Of -Way South 340 04' 07" East
107.02 feet;
Thence continuing along said Right -Of -Way South 15° 35' 44" East
66.56 feet;
Thence North 72° 19' 16" West a distance of
Thence South 79° 47' 18" West a distance of
Thence South 37° 23' 26" West a distance of
Thence South 06° 07' 27" West a distance of
Thence North 88° AB' 43" East a distance of
13.56 feet;
24.89 feet;
100.52 feet;
83.52 feet;
85.28 feet to the
westerly Right -Of -Way of the existing County Road;
Thence along said Right -Of -Way the following courses and distances;
South 10° 11' 10" East a distance of 50.84 feet;
Thence 244.26 feet along the arc of a curve to the left having a
radius of 1611.94 feet, the chord of said curve bears
South 02° 50' 01" East a distance of 244.03 feet;
Thence 331.22 feet along the arc of a curve to the left having a
radius of 270.10 feet the chord of said curve bears
South 42° 18' 20" East 310.85 feet;
Thence South 77° 25' 36" East a distance of 249.91 feet;
Page 5
Thence South 82° 00' 16" East
Thence leaving said County Road
a distance of 60.00 feet;
Thence South 76° 07' 01" East a distance
Thence South 66° 03' 01" East a distance
Thence North 64° 50' 00" East a distance
Thence South 86° 44' 06" East a distance
Thence North 01° 36' 29" East a distance
Thence North 86° 44' 01" West a distance
Thence North 01° 36' 06" East a distance
Thence North 01° 32' 15" East a distance
Thence North 01° 39' 14" East a distance
Thence North 85° 54' 03" West a distance
of the Colorado River;
Thence al9ng said centerline the
142.25 feet;
Right -Of -Way North 13° 52'
58" East
of 196.00 feet;
of 92.80 feet;
of 12.20 feet;
of 201,00 feet;
of 650.00 feet;
of 359.65 feet;
of 469.21 feet;
of 568.40 feet;
of 355.62 feet;
of 597.54 feet to the centerline
following courses and distances.:
N 30° 34' 03" E 126.48 feet;
N 11° 14' 23" E 262.86 feet;
N 03° 21' 52" E 244.98 feet;
N 06° 43' 43" E 149.36 feet;
N 09° 50' 22" W 130.18 feet;
N 15° 44' 44" W 249.17 feet;
N 23° 23' 56" E 595.97 feet;
N 29° 30'40" E 146.50 feet;
N 430 21' 22" E 437.13 feet;
N 53° 22' 38" E 517.59 feet;
N 60° 37' 24" E 639.69 feet;
N 58° 44' 59" E 242.35 feet;
N 68° 18' 39" E 236.76 feet;
N 74° 06' 42" E 340.87 feet;
N 86° 52' 08" E 446.66 feet;
N 88° 43' 46" E 270.55 feet;
S 83° 05' 32" E 198.26 feet;
N 78° 27' 53" E 618.98 feet;
N 76° 29' 45" E 483.05 feet;
N 49° 07' 36" E 593.26 feet;
Thence leaving said Colorado River centerline 5 87° 53' 17" E
a distance of 2282.68 feet along the North line of the SE 1/4 of said
Section 5, Township 7 South, Range 95 West of the Sixth Principal
Meridian to the point of beginning and containing 3231.348 acres,
more or less.
EXCEPTING
A parcel of land located in Section 18, Township 7 South, Range 95 West
Page 6
of the Sixth Principal Meridian and more particularly described as follows;
Beginning at a point whence a Bureau of Reclamation Brass Cap
monumenting the West 1/4 corner of said Section 18 bears N '88° 23' 00" West
777.00 feet;
Thence North 17° 37' 00" East 180.00 feet;
Thence South 88° 23' 00" East 457.16 feet;
Thence South 24° 50' 39" West 188.29 feet;
Thence North 88° 23' 52" West 432.52 feet to the point of beginning
and containing 1.767 acres more or less.
ALSO EXCEPTIIk
A parcel of land located in the E 1/2, NE 1/4 of Section 9, Township
7 South, Range 95 West of the Sixth Principal Meridian lying South of the
centerline of the existing County Road which bisects said E 1/2, NE 1/4 being
more fully described as follows.
Beginning at the South West corner of the E 1/2, NE 1/4 of said
Section 9;
Thence North 011° 04' 15" East 1326.43 feet to..the .center
line of the existing County Road;
Thence along said centerline the following courses
South 88° 05' 38" East 606.75 feet;
Thence 173.76 feet along the arc of a curve to the left
having a central angle of 36° 50' 00", a radius of 270.29 feet, and
a chord that bears North 73° 13' 49" East 170.52 feet;
Thence North 54° 33' 16" East 112.11 feet;
Thence 266.93 feet along the arc of a curve to the right
having a central angle of 79° 30' 00" , a radius of 192.38 feet, and
a chord that bears South 79" 26' 03" East 222.24 feet; '
Thence South 54° 46' 19" East 238.44 feet;
Thence leaving said road centerline South p1° 00' 49" West
1284.83 feet, along the East line of said E 1/2, NE 1/4 to the
SE corner of said E 1/2, NE 1/4;
Thence North 88° 05' 03" West 1277.04 feet along the South
line of said E 1/2, NE 1/4 to the point of beginning and containing
39.926 acres more or less.
EXRIBIT "B"
BATIZEMENT MESA PLANNED UNIT DEVELOPMENT
DISTRICT REGULATIONS
The land use districts within the Battlement Mesa Planned Unit Development
shall be governed in conformity with the following regulations:
7.0 RDR - Rural Density Residential
1.1 Uses, by right: Detached single-family dwellings and customary accessory
uses, including buildings for shelter or enclosure of animals or property
accessory to use of the lot for single-family residential purposes and
fences, hedges, gardens, walks, and similar landscape features; park.
1.2 Uses, conditional: Church, school, community building, day•ranrsery, fire
station, and other public uses.
1.3 Uses, special: Extraction and processing of natural resources.
1.4 Intensity of Use: A maximum of 1.0 dwelling unit per gross acre.
1.5 Minimum Int Area: 12,500 square feet.
1.6 Maximum Site Coverage: For detached single-family dwellings, without
tonvon area as part of then plat at time of subdivision, not more than 45%
of eadh lot shall be covered by buildings and parking areas.
For detached single-family dwellings with common open area as part of the
plat at time of subdivision, not more than 50% of the platted area shall be
covered by buildings, parking areas, and private streets.
1.7 Minimum Setbacks:
(1) Front Yard:
(a) Arterial or Collector Streets:
(11) No residential structures shall front on an arterial or
collector street.
(21) 'For all other uses, 100 feet from street centerline or
50 feet from front lot line, whichever is greater.
(b) Local Streets:
(11) For residential structures 50 feet from street centerline
or 25 feet frac front lot line, whichever is greater.
(21) For all other uses, 65 feet frau street centerline or
40 feet from front lot line, ihichever is greater.
(2) Rear Yard: 20 feet from rear lot line.
(3) Side Yard: 10 feet frau side lot line. On corner lots, the side yard
shall be 25 feet when automobile access is taken across the side yard;
the side yard shall be 15 feet when no automobile access is taken
across the side yard.
-3-
1.8 Maximum Building Height: 36 feet measured at the vertical to the grade at
the center of the building.
1.9 Minimum Off -Street Parking:
(1) stn spaces per dwelling unit.
(2) For all other uses: see Supplementary Regulations (Section 10.6).
1.10 Additional Requirements: All uses shall be subject to the provisions under
Section 10.0 (Supplementary Regulations) and Section 11.0 (Modifications of
Subdivision Regulations).
-4-
2.0 LDR - Low Density Residential
2.1 Uses, by right: Detached single-family dwellings and attached
single-family dwellings (either townhouses or zero -lot -line houses) and
customary accessory uses, including buildings for shelter or enclosure of
animals or property accessory to use of the lot for single-family
residential purposes and fences, hedges, gardens; walks, and similar
landscape features; park.
2.2 Uses, conditional: Church, school, community building, day nursery, fire
station, and other public uses.
2.3 Uses, special: Extraction and processing of natural resources.
2.4 Intensity of Use: A maximum of 5.0 dwelling units per gross acre.
2.5 Minimum Lot Area:
(1) For single-family detached dwellings, 7,500 square feet.
(2) For townhouse attached single-family dwellings, 2,200 square feet.
(3) For zero -lot -line attached single-family dwellings, 4,000 square feet.
2.6 Maximum Site Coverage: For detached and attached single-family dwellings
without cunmon area as part of the plat at time of subdivision, not more
than 60% of each lot shall be covered by buildings and parking areas. -
For detached and attached single-family dwellings with cocoon open area as
part of the plat at tine of subdivision, not more than 70% of the platted
area shall be covered by buildings, parking areas, arxi private streets.
2.7 Minimum Setbacks:
(1) Front Yard
(a) For single-family detached dwellings
(11) Arterial or Collector Streets: no structure shall front
on an arterial or collector street.
(21) Tnral Streets: 50 feet from street centerline of 25 feet
frau lot line, whichever is greater.
(b) For zero -lot -line and townhouse attached single-family dwellings
(11) Arterial or collector street: no lot shall front on an
arterial or collector street.
(21) Local streets: 25 feet from the front lot line, if there
is a front-facirg garage; or no setback if there is a side -
facing garage or at least 25 feet of cannon open space
between the curb line and the lot line.
(c) For all other uses
(11) Arterial or collector street: 100 feet from street
centerline or 50 feet from front lot line, whichever is
greater.
(21) Local streets: 65 feet from street centerline or 40 feet
frau front lot line, Whichever is greater.
(2) Rear Yard:
(a) For single-family detached dwellings 15 feet from rear lot line.
(b) For zero -lot -line and townhouse attached single-family
dwellings
(11) 10 feet from rear lot line if no alleys or rear utility
easements are provided.
(21) No rear yard is required where alleys or utility easements
are provided and no automobile access is allowed.
(31) Where automobile access is taken:
(a1) 25 foot setback where there is a rear -facing garage.
(b1) No setback for a side -facing garage.
(c1) No setback if there is at least 25 feet of common
open space between the alley pavement and the lot
line.
(c) tor all other uses: 25 feet when adjacent to residential uses or
10 feet when not adjacent to residential uses.
(3) Side Yard:
(a) For single-family detached 6 feet from side lot line. On corner
lots, the side yard shall be 25 feet when automobile access is
taken across the side yard;'the side yard shall be 15 feet when
no automobile access is taken across the side yard.
1
(b) For zero -lot -line dwellings 10 feet on one lot line and no set-
back on the opposite lot line. No accessory buildings shall be
permitted within the required side yard.
(c) For townhouse attached single-family dwellings no side yards are
required except for corner lot conditions. On corner lots, the
side yard shall be 25 feet when automobile access is taken across
the side yard; the side yard shall be 15 feet when no automobile
access is taken across the side yard.
(d) For all other uses: 10 feet from a side lot line or 25 feet for
a side yani on a corner lot.
2.8 Maximum Building Height: 36 feet measured at the vertical to the grade at
the center of the building.
2.9 Minimum Off -Street Parking:
(1) For single-family detached dtaellings two spaces per unit.
(2) For townhouse and zero -lot -line attached single-family dwellings two
spaces per dwelling unit and 1/2 visitor space provided on the lot or
in cannon community open space or a combination thereof.
(3) For multiple -family dwellings one and one-half spaces per dwelling
unit.
(4) For all other uses: see Supplementary Regulations (Section 10.6).
-6-
2.10 Additional Requirements: A11 uses shall be subject to the provisions tinder
Section 10.0 (Supplementary Regulations) and Section 11.0 (Modifications of
Subdivision Regulations).
(1) For zero -lot -line dwellings, a minimum maintenance easement of 3 feet
shall be provided on the side yard for the adjacent lot.
(2) No portion of any building shall extend beyond lot lines or into
public easements or public rights-of-way.
(3) For zero -lot -line and townhouse dwellings no windows or openings shall
be allowed in a wall abutting a'property line that faces into an
adjoining lot.
-7-
3.0 MDR - Medium Density Residential
3.1 Uses, by right: Single-family detached dwellings, attached single-family
dwellings (either townhouses or zero lot line houses), two-family and
multiple -family dwellings, and customary accessory uses including buildings
for shelter or enclosure of animals or property accessory to use of the lot
for residential purposes and fences, hedges, gardens, walks, and similar
landscape features; park.
3.2 Uses, conditional: Church, school, community building, day nursery, fire
station, and other public uses.
3.3 Uses, special: Extraction and processing of natural resources.
3.4 Intensity of Use: A maximum of 12.0 dwelling units per gross acre.
3.5 Minimum Lot Area:
(1) 600 square feet for townhouse, attached single-family dwellings.
(2) 2,000 square feet for zero -lot -line, attached single-family
dwellings.
(3) 7,500 square feet for single-family detached dwellings and
two-family dwellings.
(4) 9,000 square feet fok multiple -family dwellings.
3.6 Maximum Site Coverage:
(1) For single-family detached dwellings, attached single-family dwellings
and two-family dwellings without common open area as part of the plat
at time of subdivision, not more than 70% of each lot shall be covered
by buildings, drives and parking areas.
For single-family detached dwellings, attached single family dwellings
and two-family dwellings with cannon open area as part of the plat at
time of subdivision, not more than 80% of the platted area shall be
covered by buildings, parking areas and streets.
(2) For multiple -family dwellings, not more than 75% of the platted area
at the time of subdivision shall be covered by buildings, parking and
private streets.
(3) A lot shall not be limited to one principal structure provided:
(a) The uses of each structure shall be allowed within the applicable
zone district.
(b) The total accumulated improvements do not exceed the maximum site
coverage nor violate any other requirements of the zone district.
(c) The entire lot remains under one ownership.
-8-
•'3.7 Minimum Setbacks:
(1) Front Yard:
(a) For single-family detached dwellings and two-family dwellings
(11) Arterial or Collector Streets: no structure shall front
on arterial or collector street.
(21) Local Streets: 50 feet from street centerline or 25 feet
frau lot line, whichever is greater.
(b) For multiple -family dwellings
(11) Arterial Streets: 100 feet frau street centerline or 50
feet from front lot line, whichever is greater;
(21) Collector Streets: 90 feet from street centerline or 50
feet from front lot line, whichever is greater.
(31) Local Streets: 50 feet frau street centerline or 25 feet
from front lot line, whichever is greater;
(c) For zero -lot -line and townhouse, attached single-family dwellings
11) No lot shall front on an arterial or collector street.
(21) Local streets: 25 feet from the front lot line, if there
is a front -facing garage; or no setback if there is a side -
facing garage or at least 25 feet of common open space
between the curb line and the lot line.
(d) For all other uses
(11) Arterial Street: 100 feet from street centerline or 50
feet from lot line, whichever is greater.
(21) Collector Street: 90 feet frau street centerline or 50
feet frau lot line, whichever is greater.
(31) Local Streets: 65 feet from street centerline or 40 feet
from front lot line, whichever is greater.
(2) Rear Yard:
(a) For single-family detached dwellings, two-family dwellings and
multiple -family dwellings 15 feet frau rear lot line.
(b) For zero -lot -line and townhouse attached single-family dwellings:
(11) 10 feet fruit rear lot line if no alleys or rear utility
easements are provided.
(21) Ab rear yard is required where alleys or utility
easements are provided and no automobile access is allowed.
(31) Where automobile access is taken:
--(4s1) 25 foot setback where there is a rear -facing garage.
(b1) No setbacks for a side -facing garage.
(c1) No setbacks if there is at least 25 feet of u, n
open space between the alley pavement and the lot line.
(c) For all other uses. 25 feet when adjacent to residential uses or
10 feet when not adjacent to residential uses.
-9-
(3) Side Yard:
(a) For single-family detached, two-family and multiple -family
dwellings 6 feet frau side lot line. On corner lots, the side
yard shall be 25 feet when automobile access is taken across the
side yard; the side yard shall be 15 feet when no automobile
access is taken across the side yard.
(b) For zero -lot -line dwellings 10 feet on one lot line and no
setback on the opposite lot line. No accessory buildings shall
be permitted within the required side yard.
(c) For townhouse attached single-family dwellings no side yards are
required except for corner lot conditions. Qi corner lots, the
side yard shall be 25 feet when automobile access is taken across
the side yard; the side yard shall be 15 feet when no automobile
access is taken across the side yard.
3.8 Maximum Building Height: 36 feet measured at the vertical to the grade at
the center of the building.
3.9 Minimum Parking:'
(1) For single-family detached dwellings two spaces per unit.
(2) For two-family dwellings two spaces per dwelling unit.
(3) For townhouse and zero -lot -line attached single-family dwellings two
spaces per dwelling and 1/2 visitor space provided on the lot or..in.
i.�mvn community open space or a combination thereof.
(4) For multiple -family dwellings one and one-half spaces per dwelling
unit.
(5) For all other uses: see Supplementary Regulations (Section 10.6).
3.10 Additional Requirements: All uses shall be subject to the provisions under
Section 10.0 (Supplementary Regulations) and Section 11.0 (Modifications of
Subdivision Regulations).
(1) For zero -lot -line dwellings, a minimum maintenance easement of 3 feet
shall be provided on the side yard for the adjacent lot.
(2) No portion of any building shall extend beyond lot lines or into
public easements or public rights-of-way.
(3) For zero -lot -line and townhouse dwellings no windows or openings shall
be allowed in a wall abutting a property line that faces into an
adjoining lot.
-10-
4.0 CAR - Central Area Residential
4.1 Uses, by right: Attached single-family dwellings (either townhouses or
zero -lot -lure houses), two-family and multiple -family dwellings, and
customary accessory uses including buildings for shelter or enclosure of
animals or property accessory to use of the lot for residential purposes
and fences, hedges, gardens, walks, and similar landscape features; park.
4.2 Uses, conditional: Church, school, community building, day nursery, fire
station, and other public uses.
4.3 Uses, special: Extraction and processing of natural resources.
4.4 Intensity of Use: A maximum of 20.0 dwelling units per gross acre.
4.5 Minimum Lot Area:
(1) 600Isquare feet for townhouse, attached single-family dwellings.
(2) 2,000 square feet for zero -lot -line, attached single-family dwellings.
(3) 7,500 square feet for two-family dwellings.
(4) 20,000 square feet for multiple -family dwellings.
4.6 Maximum Site Coverage: For attached single-family dwellings without cannon
open area as part of the plat at time of subdivision, not more than 70% of
each lot shall be covered by buildings and parking areas.
For attached single-family dwellings with common open area as part of the
plat at time of subdivision, not more than 80% of the platted area shall be
covered by buildings, parking areas and private streets.
For multiple -family dwellings, nor more than 80% of the platted area at the
tine of subdivision shall be covered by buildings, parking and private
streets.
A lot shall not be limited to one principal structure provided:
(1) The uses of each structure shall be allowed within the applicable zone
district.
(2) The total accumulated improvements do not exceed the maximum site
coverage nor violate any other requirements of the zone district.
(3) The entire lot remains under one ownership.
-11-
4.7 Minimum Setbacks:
(1) Front Yard:
(a) For multiple -family dwellings
(11) Arterial Streets: 100 feet from street centerline or 50
feet fran front lot line, whichever is greater.
(21) Collector Streets: 90 feet fLom street centerline or 50
feet from front lot line, whichever is greater.
(31) Local Streets: 50 feet frau street centerline or 25 feet
from front lot line, whichever is greater.
(b) For two-family dwellings, zero -lot -line and townhouse attached
single-family dwellings '
(11) No lot shall front on an arterial or collector street.
(21) Local streets: 25 feet from the front lot line, if there
is a front -facing garage; or no setback if there is a side -
facing garage or at least 25 feet of oammn open space
between the curb line and the lot line.
(c) For all other uses:
(11) Arterial Street: 100 feet from street' centerline or 50
feet from lot line, whichever is greater.
(21) Collector Street: 90 feet from street centerline or 50
feet from lot line, whichever is greater.
(31) Local Streets: 65 feet from street centerline or 40 feet
fran front lot line, whichever is greater.
(2) Rear Yard:
(a) For two-family dwellings and multiple -family dwellings
15 feet from rear lot line.
(b) For zero -lot -line and townhouse attached single-family
dwellings
(11) 10 feet hum rear lot line if no alleys or rear utility
easements are provided.
(21) No rear yard is required where alleys or utility easements
are provided and no automobile access is allowed.
(31) Where automobile access is taken:
(al) 25 foot setback where there is a rear -facing garage.
(b1) No setbacks for a side -facing garage.
(c1) No setbacks if there is at least 25 feet of common
• open space between the alley pavement and the lot line.
(c) For all other uses• 25 feet when adjacent to residential uses or
10 feet when not adjacent to residential uses.
-12-
(3) Side Yard:
(a) For two-family and multiple -family dwellings 6 feet from side
lot line. Q -i corner lots, the side yard shall be 25 feet when
utomobile access is taken across the side yard; the side yard
shall be 15 feet when no automobile access is taken across the
the side yard.
(b) For zero -lot -line dwellings 10 feet on one lot line and no
setbadc on the opposite lot line. No accessory buildings shall
be permitted within the required side yard.
(c) For townhouse attached single-family dwellings no side yards are
required except for corner$lot. conditions. On corner lots, the
side yard shall be 25 feet when autcarobile access is taken across
the side yard; the side yard shall be 15 feet when no automobile
access is taken across the side yard.
4.8 Maximum Building Height: 36 feet measured at the vertical to the grade at
the center of the building.
4.9 Minimum Parking:
(1) For two-family dwelling two spaces per dwelling unit.
(2) For zero -lot -line and townhouse attached single-family dwellings two
spaces per dwelling and 1/2 visitor space provided on the lot or in
cannon community open; space or a combination thereof.
For multiple-fanily dwellings one and one-half spaces per dwelling
unit.
(3)
(4) For all other uses: see Supplementary Regulations (Section 10.6).
4.10 Additional Requirements: All uses shall be subject to the provisions under
Section 10.0 (Supplementary Regulations) and Section 11.0 (Modifications of
Subdivision Regulations).
(1) For zero -lot -line dwellings, a minimum maintenance easement of 3 feet
shall be provided on the side yard for the adjacent lot.
(2) No portion of any building shall extend beyond lot lines or into
public easements or public rights-of-way.
(3) For zero -lot -line and townhouse dwellings no windows or openings shall
be allowed in a wall abutting a property line that faces into an
adjoining lot.
-13-
5.0 MHR - Mobile Home Residential
5.1 Uses, by right: Mobile homes, mobile bachelor dwellings*, camper parks,
arra costo-acy accessory uses, including buildings for shelter or enclosure
of animals or property accessory to use of the lot for residential purposes
and fences, hedges, gardens, walks, and similar landscape features; park.
5.2 Uses, conditional: Church, school, community building, day nursery, fire
station, and other public uses.
5.3 Uses, special: Extraction and processing of natural resources.
5.4 Intensity of Use: A maximum of 9.0 mobile home units per gross acre.
5.5 Minimum Lot Area: 3,000 square feet.
5.6 Maximum Site Coverage: For mobile homes not more than 60% of each lot
shall be covered by buildings and parking areas.
For mobile bachelor dwellings and camper parks, no maximum site coverage
shall apply.
Travel trailers, camper vehicles and/or recreational vehicles accrnmndated
shall not exceed forty (40) feet in length and eight (8) feet in width.
No more than two (2) carper vehicles shall be allowed cn any one mobile
home space.
5.7 Minimum Setbacks: Minimum setback requirements of the adjacent zone
district regulations shall be observed on the periphery of a mobile home
park.
5.8 Maximum Building Height: 36 feet measured at the vertical to the grade at
the center of the building.
5.9 Minimum Off -Street Parking:
(1) Two spaces per dwelling unit.
(2) For all other uses: see Supplementary Regulations (Section 10.6)
5.10 Additional Requirements: All uses shall be subject to the provisions under
Section 10.0 (Supplementary Regulations) and Section 11.0 (Modifications of
Subdivision Regulations).
*Mobile bachelor dwellings are defined in Section 10, Supplementary Regulations
-14-
6.0 NC - Neighborhood Commercial
6.1 Uses, by right: Retail Commercial establishments not exceeding 15,000
square feet of building area for each principal use, including grocery, dry
goods, hardware, bakery, liquor, drug, florist, books, and similar uses.
Personal service establishments not exceeding 5,000 square feet of building
area for each principal use, including barber, beauty, self-service
laundry, dry cleaning, photo and art studios, travel agency, shoe repair,
health spa, private clubs, indoor eating and drinking establishments (which
may include liquor), banks, and similar uses.
Offices for business and professional uses.
Gasoline service stations with two or less service bays and without car
washing facilities, which oust be sited with limited vehicular access and
service areas reasonably screened from public view.
6.2 Uses, conditional: Church, community building, day nursery and school,
auditorium, public building for administration, fraternal lodge, art
gallery, museum, library.
6.3 Uses, special: Extraction and processing natural resources.
6.4 Intensity of Use: See general conditions under Supplementary Regulations.
6.5 Minimum Lot Area: 7,500 square feet.
6.6 Maximum Site Coverage: Not more than 80% of the platted area at the time
of subdivision shall be covered by buildings, parking areas and private
streets. A minimum of 10% of the site shall be in unpaved landscape
development.
A lot shall not be limited to one principal structure provided:
(1) The uses of each stucture shall be allowed within the applicable
zone district.
(2) The total accumulated improvements do not exceed the maximum site
coverage nor violate any other requirements of the zone district.
(3) The entire lot remains under one ownership.
-15-
6.7 Minimum Setbacks:
(1) Front Yard:
(a) Arterial Streets: 100 feet frau street centerline or 50 feet
from front lot line, whichever is greater.
(b) Collector Streets: 90 feet from street centerline or 50 feet from
front lot line, whichever is greater.
(b) Local Streets: 65 feet from street centerline or 40 feet ftuu
front lot line, Whichever is greater.
(2) Rear Yard: 25 feet when adjacent to residential uses; 10 feet
when not adjacent to residential use.
(3) Side Yard: 10 feet from side lot line or 25 feet for a side yard on
a oorner lot.
6.8 Maximum Building Height: 36 feet measured at the vertical to the grade at
the center of the building.
6.9 Minimum Off -Street Parking:
(1) Retail commercial and personal service: One parking space per 200
square feet of floor area (except storage areas).
(2) Office: Cne parking Space per 300 square feet of floor area.
(3) Gasoline Service Stations: Minimum of 4 spaces excluding service
areas and service bays.
(4) For all other uses: see Supplementary Regulations (Section 10.6).
6.10 Additional Requirements: All uses shall be subject to the provisions under
Section 10.0 (Supplementary Regulations) and Section 11.0 (Modifications of
Subdivision Regulations).
-16-
7.0 OP - Office Park
7.1 Uses, by right: Offices for business and professional uses; research
facilities, testing laboratories, and facilities for the manufacturing
fabrication, processing or assembly of products provided that such
facilities are ounpletely enclosed and provided that noise, smoke, glare,
vibration, fumes, or other environmental problems which exceed normal
residential conditions are confined to the user's lot.
Personal service establishments including barber, beauty, self-service
laundry, dry cleaning, photo and art studios, travel agency, shoe repair,
health spa, private clubs, indoor eating and drinking establishments (which
may include liquor), within the principal building.
7.2 Uses, conditional: Church, caununity building, day nursery and school;
auditorium, public building for administration, fraternal lodge, art
gallery, museum, library.
7.3 Uses, special: Extraction and processing of natural resources.
7.4 Intensity of Use: See general conditions under Supplementary Regulations.
7.5 Minimum Lot Area: 7,500 square feet.
7.6 Maximum Site Coverage: Not more than 80% of the platted area at the time
of subdivision shall be covered by buildings, parking areas, and private
streets. A mininnm of 10% of the site shall be in unpaved landscape
development.
A lot shall not be limited; to one principal structure provided:
(1) The uses of each structure shall be allowed within the applicable
zone district.
(2) The total accumulated inprovements do not exceed the maximum site
coverage nor violate any other requirements of the zone district.
(3) The entire lot remains under one ownership.
7.7 Minimum Setbacks:
(1) Front Yard:
(a) Arterial Streets: 100 feet from street centerline or 50 feet
from front lot line, whichever is greater;
(b) Collector Streets: 90 feet from street centerline or 50 feet
from front lot line, whichever is greater.
(c) Local Streets: 65 feet frau street centerline or 40 feet from
front lot line, whichever is greater;
(2) Rear Yard: 25 feet when adjacent to residential uses; 10 feet when
not adjacent to residential uses.
(3) Side Yard: 10 feet from side lot line or 25 feet for a side yard on
a corner lot.
-17-
7.8 Maximum Building Height: 36 feet measured at the vertical to the grade at
the center of the building.
7.9 Minimum Off -Street Parking:
(1) Research facility, testing laboratory, manufacturing, fabrication,
processing, or assembly of products: one parking space per 400
square feet of floor area.
(2) Office and professional uses: one parking space per 300 feet of floor
area.
(3) For personal service uses: one parking space per 200 square feet of
floor area (except storage area).
(4) For }11 other uses: see Supplementary Regulations (Section 10.6).
7.10 Additional Requirements: All uses shall be subject to the provisions under
Section 10.0 (Supplementary Regulations) and Section 11.0 (Modifications of
Subdivision Regulations).
-18-
0.0 BC Business Center
8.1 Uses, by right: Retail commercial establishments including grocery, dry
goods, hardware, bakery, liquor, drug, florist, books, sporting goods,
appliances, variety stores, department stores, automotive accessory parts,
furniture, garden supply, animal feed, plant nursery outlets and similar
uses.
Personal service establishments, including barber, beauty, self-service
laundry, dry cleaning, photo and art studios, travel agency, shoe repair,
health spa, private clubs, indoor eating and drinking establishments (which
may include liquor), banks and similar uses.
Offices for business and professional uses.
Research facilities, testing laboratories, and facilities for
manufacturing, fabrication, processing or assembly of products provided
that such facilities are o.npletely enclosed and provided that noise,
smoke, glare, vibration, fumes or other environmental problems which exceed
normal residential conditions are confined to the user's lot.
Churches, day-care centers and indoor theatres.
Recreation facilities.
Gasoline service stations, car wash and automotive services, which must he
sited with limited vehicular access and with service areas reasonably
screened frau public view.~
Motels, hotels, including eating and drinking establishments (which may
include liquor).
Multiple family dwellings when located above retail commercial, personal
service or office uses.
Public and semi-public uses as specified in this PUD.
8.2 Uses, conditional: Church, comuunity building, day nursery and school,
auditorium, public building for administration, fraternal lodge, art
gallery, museum, library.
8.3 Uses, special: Extraction and processing of natural resources.
8.4 Intensity of Use: See general conditions under Supplementary Regulations.
8.5 Minimum lot Area: 7,500 square feet.
-19-
8.6 Maximum Site Coverage: Not more than 80% of the platted area at the time
of subdivision shall be covered by buildings, parking areas, and private
streets. A minimum of 10% of the site shall be in unpaved landscape
development.
A lot shall not be limited to one principal structure provided:
(1) The uses of each structure shall be allowed within the applicable zone
district.
(2) The total accumulated improvements.do not exceed the maximum site
coverage nor violate any other requirements of the zone district.
(3) The entire lot remains under one ownership.
8.7 Minimum Setbacks:
(1) Front Yard:
(a) Arterial Streets: 100 feet from street centerline or 50 feet
frau front lot line, whichever is greater.
(b) Collector Streets: 90 feet frau street centerline or 50 feet frau
front lot line, whichever is greater.
(c) Local Streets: 65 feet from street centerline or 40 feet f un
front lot line, whichever is greater.
(2) Rear Yard: 25 feet when adjacent to residential uses; 10 feet when not
adjacent to residential uses.
(3) Side Yard: 10 feet frau side lot line or 25 feet for a side yard on
a corner lot.
8.8 Maximum Building Height: 36 feet measured at the vertical to the grade at
the center of the building.
8.9 Minimae Off -Street Parking:
(1) Retail conorercial arca personal service: One parking space per 200
square feet of floor area (except storage area).
(2) Research facility, testing laboratory, manufacturing, fabrication,
processing: One parking space per 400 square feet of floor area.
(3) Church or theatre: one parking space per three seats.
(4) Office and professional uses: one parking space per 300 square feet
of floor space.
-20-
(5) Recreation facility: Parking shall be provided on the basis of one
parking space per each four persons using the facility (figured at a
maximum capacity use period).
(6) Motels and hotels: One parking space per Hotel or hotel unit.
(7) Multiple -family dwellings: One and one-half parking space per
dwelling unit.
(8) Gasoline Service Stations: Minimum 8 spaces excluding service areas
and service bays.
(9) For all other uses: See Supplementary Regulations (Section 10.6).
8.10 Additional Requirements: A11 uses shall be subject to the provisions under
Section 10.0 (Supplementary Regulations) and Section 11.0 (Modifications to
Subdivision Regulations).
t
-21-
'5.0 PSR - Public, Semipublic, and Recreation
9.1 Uses, by right: School sites, governmental offices, police and fire
stations, library, day-care centers, public and, semipublic health
facilities including hospitals and clinics, recreation uses, churches,
community center, neighborhood community center, water, well sites, sewage
treatment facilities, water treatment and storage facilities, and other
public and private utility facilities and buildings.
Community open space and parks, including hiking arra bicycle trails,
equestrian trails, intensive use playfields, picnic areas, sledding areas,
swimming pools, tennis courts, natural areas, archery, skeet shooting and
similar uses.
Golf course with clubhouse including eating and drinking facilities (which
may include liquor); equestrian center.
9.2 Uses, conditional: Not applicable.
9.3 Uses, special: Extraction and processing of natural resources.
9.4 Intensity of Use: See general conditions under Supplementary Regulations.
9.5 Minimum Lot Area: None.
9.6 Maximum Site Coverage: Abt more than BO% of the platted area at the time
of subdivision shall be covered by buildings, parking areas, and private
streets. A minimum of 10% of the site shall be in unpaved landscape
development.
A lot shall not be limited to one principal structure provided:
(1) The uses of each structure shall be allcued within the applicable
zone district.
(2) The total accumulated improvements do not exceed the maximum site
coverage nor violate any other requirements of the zone district.
(3) The entire lot remains under one ownership.
9.7 Minimum Setbacks:
(1) Front Yard:
(a) Arterial Streets: 75 feet from street centerline or 25 feet
frau front lot line, whichever is greater.
(b) Collector Streets: 65 feet frau street centerline or 25 feet
from front lot line, whichever is greater.
(c) Local Streets: 50 feet frau street centerline or 25 feet frau
front lot line, whichever is greater.
-22-
(2) Rear Yard: 25 feet when adjacent to residential uses, 10 feet when
not adjacent to residential uses.
(3) Side Yard: 10 feet frau side lot line or 25 feet for a side yard on
a corner lot.
9.8 Maximus Building Height: 36 feet measured at the vertical to the grade at
the center of the building.
9.9 Minimum Off -Street Parking:
(1) Church, auditorium and public assembly: One space per 3 seats.
(2) Governmental offices (except auditorium and public assembly): One
space per 200 square feet of floor area (except storage area).
(3) Public and private utility company facilities: One space per 200
square feet of floor area for offices and other facilities
accommodating regular daily employment. A minimum of two spaces will
be pro"ided at all other facilities.
(4) Medical clinics: One space per 200 square feet.
(5) Hospitals: One space per 300 square feet exludirg nursing care
(in-patient care) areas plus one space per 2 beds.
(6) For all other uses: see Supplementary Regulations (Section 10.6).
9.10 Additional Requirements: All uses shall be subject to the provisions under
Section 10.0 (Supplementary 1egaations) and Section 11.0 (Modifications to
Subdivision Regulations).
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10.0 SR Supplementary Regulations
Division of the subject lands into land use areas and their related
development standards will be as shown on the PUD map and as outlined by
the preceding development standards. TO further avoid problems of
interpretation, the following listed supplementary regulations are included
as part of the Planned Unit Development. Where the preceding general
standards or the following supplemental regulations do not adequately
describe what is permitted or required, reference shall be made to the
officially adopted Garfield County Zoning Resolution of January 2, 1979,
including the aiming amendment, alopted October 15, 1979, and to the
officially adopted Garfield County Subdivision Regulations of January 2,
1979, and amendments of October 15, 1979.
10.1 Land Use Types: The PUD map shows generally where within the PUD each type
of use is located. The precise location of each use and the location of
lots, blocks and other parcels within each area devoted to each use shall
be shown as that area is hereafter subdivided and platted.
10.2 Uses Permitted: The principal uses for each land use area are listed as a
part of the general development standards; however, any other building,
structure or use which is similar to those enumerated arra not more
obnoxious or detrimental to the area in which it is located shall be
permitted.
Mobile bachelor dwellings and nodular bachelor dwellings shall include
groupings or single living units•with canon restroan facilities, community
recreation space and central eating facilities, in place of restroans,
kitchens and larger living areas within each separate living unit.
10.3 Intensity of Use: In any residential area defined on the PUD map, the net
density in any given part of a subdivided area may exceed the gross density
which would be permitted for the entire subdivided area so long as the
entire subdivided area, including open space, is within the range of the
applicable gross intensity of use set forth above in the development
standards.
10.4 Setbacks: The following yard requirements shall be observed in all zone
districts:
Through Lots: On lots extending frau one street to another paralleling
street, both streets shall be considered as front streets for purposes of
calculating front yard setbacks unless a solid screening fence is provided
for one yard only and then the yard adjacent to the fence shall be
considered as a rear or side yard.
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Corner Lots: On residential lots bordered on two (2) contiguous sides by
streets, the required front yard setback shall be observed along both
streets when automobile access is taken from the side street.
Two -Family Dwellings: Fbr purposes of setback calculations, a two-family
dwelling shall be construed as one building occupying one lot;
Attached single-family dwellings: For purposes of setback calculations,
only those attached single-family dwellings which do not share a common
wall with an adjacent attached dwelling need observe the required side yard
setback for the district, providing building code requirements for this
type of structure are observed;
Projections: Every part of a required yard shall be unobstructed from
ground level to the sky except for projections of architectural features as
follows: cornices, sills and ornamental features - 12 inches; roof eaves -
18 inches; uncovered porches, 'slabs and patios, walks, steps, fences,
hedges, arra walls - no restriction; fire escapes and individual balconies
not used as passageways may project 18 inches into any required side yard
of four (4) feet into any required'front or rear yard;
Accessory Building in Required Rear Yard: An accessory building may be
located in a required rear yard provided not more than forty (40) percent
of the rear yard area is covered. Such building shall observe a seven and
one-half (7 1/2) foot setback from the rear lot line when there is not an
adjacent alley. When there is an adjacent alley it shall observe a ten
(10).foot setback from lot line;
Fences and Screening: A fence, hedge, or wall may be located in any
required yard provided no such installation shall exceed eight (8) feet in
height in a required side yard or rear yard, nor shall any such structure
exceed three (3) feet in height in any required front yard. Ab side yard
or front yard hedge or fence is permitted on a corner lot adjacent to a
street.
10.5 Maximum Building Height: Fbr purposes of measuring the maximum building
height, grade shall mean the original natural ground level or newly
established elevation resulting from compacted fill so long as any regraded
area does not exceed a four -to -one slope between the ground level of any
exterior building wall and adjacent lot line or property line.
10.6 Minimum Off -Street Parking: Each off-street parking space shall be not
less than 8 feet wide and 18 feet long; shall be provided with vehicular
access to a street or alley; shall be surfaced with gravel, asphalt,
concrete or equivalent; shall be properly drained; and shall be located
within convenient walking distance of the principal building or use for
which the parking space is provided.
For either detached single-family dwellings or attached single-family
dwellings, tandem parking spaces shall be permitted.
Where an off-street parking space serves more than one use and peak times
for parking are at different times of the day, such parking space may be
included as part of the minimum requirements for each use.
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The following minimum parking requirements for permitted or similar (see
Section 10.2) uses are:
(1) Churches, community buildings, fraternal lodges and auditorium: One
space per 3 seats in the assembly space.
(2) Schools, elementary and middle: One space per instructional area plus
one space for each 4 seats in assembly areas (including gymnasiums).
(3) High schools, colleges and universities: One space per instructional
area (classroom, lab, gym) plus one space per 3 students accommodated
in the institution.
(4) Community buildings: One space per 3 seats of assembly area.
(5) Athletic stadium: One space per 4 seats.
(6) Recreation facilities: One space per 4 persons using the facility
(figured at a maximum capacity use period).
Day care anter: Cne space per classroom area and one space per 200
square feet.of office space and a minimum of 6 spaces.
(8) Police and fire stations: One space per 200 square feet excluding
garage areas and a minimum of 4 spaces.
(9) Library and museum: A minimum of 10 spaces plus one space per 200
square feet of office or administrative areas.
10.7 Modifications: In general, the proposed development standards for the
Battlement Mesa Planned Unit Development correspond closely to normal
criteria of the Garfield County Zoning Resolution. In some cases, the
Battlement Mesa standards are more limiting, while in others typical County
zoning regulations appear to be more restrictive. Wherever this last
situation exists, the added flexibility of development with the PUD permits
desirable variety and in some situations essential economies of
construction and maintenance. Throughout the Planned Unit Development
program, special attention will be given to bordering private properties
so that their values as established by existing Garfield County zoning
standards will be maintained. In line with Garfield County zoning
requirements that no portion of a PUD shall be used or occupied, otherwise
than as was permitted immediately prior to the approval of rezoning as a
PUD, until a subdivision plat for said portion is approved by the Board of
County Commissioners of Garfield County, Battlement Mesa, Inc., recognizes
the need to design and construct each phase according to all reasonable
public interest.
(7)
10.8 Attached Single -Family Dwellings (Zero -Lot -Line and Zbwnhouse) Definition:
An attached single-family dwelling is a single-family dwelling that may
share one or two amnion side building walls with an adjacent similar
dwelling or dwellings and extend frau the lowest to the highest point of
the building between said =anon side walls.
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The following minimum parking requirements for permitted or similar (see
Section 10.2) uses are:
(1) Churches, community buildings, fraternal lodges and auditorium: One
space per 3 seats in the assembly space.
(2) Schools, elementary and middle: One space per instructional area plus
one space for each 4 seats in assembly areas (including gymnasiums).
(3) High schools, colleges and universities: One space per instructional
area (classroom, lab, gym) plus one space per 3 students accommodated
in the institution.
(4) Community buildings: One space per 3 seats of assembly area.
(5) Athletic stadium: One space per 4 seats.
(6) Recreation facilities: One space per 4 persons using the facility
(figured at a maximum capacity use period).
(7) Day care renter: One space per classroom area and one space per 200
square feet.of office space and a minimun of 6 spaces.
(8) Police and fire stations: Che space per 200 square feet excluding
garage areas and a minimum of 4 spaces.
(9) Library and museum: A minimum of 10 spaces plus one space per 200
square feet of office or administrative areas.
10.7 Modifications: In general, the proposed developnent standards for the
Battlement Mesa Planned Unit Develop tent correspond closely to normal
criteria of the Garfield County Zoning Resolution. In some cases, 'the
Battlement Mesa standards are more limiting, while in others typical County
zoning regulations appear to be more restrictive. Wherever this last
situation exists, the added flexibility of development with the PUD permits
desirable variety and in some situations essential economies of
construction and maintenance. Throughout the Planned Unit Development
program, special attention will be given to bordering private properties
so that their values as established by existing Garfield County zoning
standards will be maintained. In line with Garfield County zoning
requirements that no portion of a PUD shall be used or occupied, otherwise
than as was permitted immediately prior to the approval of rezoning as a
PUD, until a subdivision plat for said portion is approved by the Board of
County Commissioners of Garfield County, Battlement Mesa, Inc., recognizes
the need to design and construct each phase according to all reasonable
public interest.
10.8 Attached Single -Family Dwellings (Zero -rot -Line and 4bwnhouse) Definition:
An attached single-family dwelling is a single-family dwelling that may
share one or two cznon side building walls with an adjacent similar
dwelling or dwellings and extend frau the lowest to the highest point of
the building between said common side walls.
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/ (1) A zero -lot -line single-family dwelling shall occupy a lot and must
have one side yard of at least 10 feet opposite any wall located on a
side lot line.
(2) A townhouse single-family dwelling shall occupy a lot and need not
have any side yard setback except for those special conditions defined
within the zoning district.
10.9 Additional Restrictions: Battlement Mesa, Inc. reserves the right to make
the use or occupancy of any particular area more restrictive than this POD
would permit, by provisions on the subdivision plat, restrictive covenants,
or provisions in the deeds.
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11.0 Modifications of Subdivision Regulations
The Planned Unit Development will conform to the Subdivision Regulations of
Garfield County, Colorado, adopted January 2, 1979, except as noted below
or otherwise provided in this application and except as may be permitted by
the Board of County Commissioners at the time of subdividing. The specific
modifications set forth below are requested to better allow the developer
to fulfill the previously stated purposes and objectives of this PUD.
11.1 Street Pattern (Sub. Reg. 5.02.01): The street patterns will be designed
to continue to provide access to adjacent lands rot included in the PUD
which presently have access through a public dedicated right-of-way.
Adjacent privately owned land which des not presently have access off a
public dedicated right-of-way through the area of the PUD will be provided
appropriate access. Adjacent land in public ownership which presently does
not have access off a public dedicated right-of-way through the area of the
PUD will betprovided appropriate access. Adjacent land in public ownership
which presently does not have access off a public dedicated right-of-way
through the area of the PUD will be provided access at the time of platting
at the request of'the public agency controlling the land.
Dead-end streets may be designed with a cul-de-sac head that meets the
functional requirements of vehicular turning radii and snow storage; this
design may vary from the 90 foot turnaround.
Residential lots bordering arterial streets may be sided against the street
as long as access to the lot is rot from the arterial streets.
11.2 Private Streets (Sub. Reg. 5.02.02): Private streets may be used in areas
within the PUD where through traffic is not desired and %here pavement
widths can be narrower than those required on public streets. In such
cases, roadway widths of 20 to 24 feet may be used where the design
considers traffic volumes, satisfactory off-street parking arrangements,
planned snow storage areas, adequate sight distances, reasonable gradients
and turnarounds adequate for emergency vehicles. Furthermore in such cases
for commercial, retail and office uses, setbacks of 15 to 25 feet may be
used for front and side yards where the design considers the factors noted
for roadway widths. At time of platting, the design, construction
standards, maintenance responsibility and policing arrangements will be
presented.
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j13 Street Widths (Sub. Reg. 5.02.03): Public street widths proposed in the
PUD will be determined by projected traffic volume, parking arrangements
and other factors at the time of platting. The range of requirements is
proposed to be as follows:
Range of Dedicated Range of
Street Type Right -of -Way Width Roadway Width
Arterial 80 - 100 feet 40 - 72 feet
Collector 60 - 80 feet 36 - 44 feet
Neighborhood or Local 40 - 60 feet 24 - 36 feet
11.4 Grades, Curves, and Site Distances (Sub.. Reg. 5.0.04): Grades, curves, and
sight distances will adhere to County standards except that variances may
be requested at the time of platting for neighborhood, local, or other low
volume traffic streets.
11.5 RelationshilD to Adjacent Slopes (Sub. Reg. 5.02.05): Cut -and -fill slopes
are proposed to blend with the natural topography and may extend outside
public dedicated street rights-of-way providing revegetation requirements
are met.
11.6 Sidewalks, Curb and Gutter (Sub. Reg. 5.02.06): Sidewalk locations will be
in accordance with the plat at the time of subdividing and will be sited so
as to optimize pedestrian routes through open space to residential,
educational and community facilities.
Curb and gutter will be placed where necessary to direct storm drainage and
where it would acid to ease of road edge maintenance. Where a rural
character is desired and storm drainage can be handled by ditch swales,
curb and gutter may be eliminated.
11.7 Roadways (Sub. Reg. 5.02.07): Roadways will conform in construction
specifications, other than width, to County requirements. Design of road-
way surface may vary frau parabolic crown to- inverted center pitch
depending upon strap drainage requirements of various' are of the PUD.
11.8 Streets Names and Signs (Sub. Reg. 5.02.08): Street signs will conform to
a uniform system of signs and graphics designed for the total PUD area.
11.9 Minimum Standards for Zero -Rot -Line and Townhouse Projects: In
zero -lot -line and townhouse projects the following minimum standards must
be observed for either public or private streets:
(1) A minimum of 20 feet of access drive and fire lane must be provided.
(2) A minimum of 3 feet for sidewalks on each side of an access drive
must be provided adjacent to the drive.
(3) A minimum of 20 feet must be provided adjacent to one side of the
access drive for utility easements wthidh may incorporate the side-
walks area.
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RESOLUTION
Cii2ticus; ()kit te+ai€ 3
WHEREAS, Battlement Mesa, Inc., a corporation, James Hopkins
Smith and Diane Hartman Smith, Edward J. Hoaglund and Ida Lee Hoaglund,
and Atlantic Richfield Company, a corporation, have made application to the
Board of County Commissioners of Garfield County, Colorado, for a Planned
Unit Development amendment to the Zoning Resolution of Garfield County,
Colorado, said proposed Planned Unit Development being known as Battlement
Mesa Planned Unit Development all as more particularly described in said
application; and -
WHEREAS, said application was referred to the Planning Commission
of Garfield County, Colorado, for its approval, disapproval, or recommendation
all as provided in Section 8.04 of said Zoning Resolution; and
WHEREAS, said application has been submitted to the Planning Depart-
ment of Garfield County and to various State and Federal agencies for thorough
and complete review thereof resulting in various recommendations from said
department and agencies,all of which recommendations have been presented
to said Planning Commission and Board of County Commissioners and now
comprise a portion of the record of the proceedings in respect to such appli-
cation;and;
WHEREAS, the said Planning Commission has certified to the Board of
County Commissioners of Garfield County, Colorado, its recommendation
that the said application be approved with certain conditions, all as more
particularly specified in the certification of said planning commiss ion; and
WHEREAS, the Board of County Commissioners of Garfield County,
Colorado has duly and regularly held a public hearing on said application in
conformity with the laws of the State of Colorado and the provisions of said
Zoning Resolution; and
WHEREAS, The Board of County Commissioners of Garfield County,
Colorado, is now fully advised in the premises in regard to said application;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF GARFIELD COUNTY, COLORADO, that the application
for Planned Unit Development amendment to the Zoning Resolution of Garfield
County, Colorado, for the Battlement Mesa Planned Unit Development, be and
the same hereby is approved but expressly subject to compliance with and
fulfillment of the following conditions, to -wit:
1. Approval by the Garfield County Board of County Commissioners and
issuance by the Building Official of a conditional use permit, and any other
permits required by the Zoning and other regulations of Garfield County,
ComWctio k i
Colorado, for the construction of a-proil shale processing
plant by the applicant in Garfield County.
2. That the school acreage figures as set forth in the plan be adjusted
and modified as required to represent actual experience in terms of enroll-
ments in the appropriate schools and that additional land be designated and
donated for school sites if the same is indicated by actual pupil census figures.
3. That the application and plan be amended to delete the requested
height variances from the planned unit development and that these requested
variances be considered only at such time as development of the appropriate
phase oCcuxS.
4. Evidence of ownership of sufficient water rights to provide to the
planned unit development an adequate supply of potable water to serve the
needs of the proposed development for domestic and related usage.
5. Construction ofa bridge across the Colorado River and access
roads properly designed to accomodate the volume of traffic which will
result at full development of the project, providing access to and from
I-70 and other arterial roads.
} 11
Furnishing of additional information for inclusion to the planned
unit development proposal concerning the applicants' previously expressed in-
tentions regarding applicants' obligations to provideAeducational services.
7. Amendment of the application and plan to include as special uses
the extraction, and processing of natural resources, as defined in Section
2.02.30 of the Zoning Regulation of Garfield County, Colorado within the
areas classified as RURAL DENSITY RESIDENTIAL, LOW DENSITY
RESIDENTIAL AND PUBLIC, SEMI-PUBLIC AND RECREATIONAL as
more particularly shown on the plan.
And that no development of the subject property under said plan or
implementation of said plan shall be done until all of the foregoing conditions
__hag
T' been complied with to the satisfaction of the Board of County Commissioners
of Garfield County, Colorado. .
ATTEST: