HomeMy WebLinkAbout3.0 Resolution 2016-65fil HlrillLlmnm nU, ru* Hfiltf ffi IIIII Ih $* Il ll IRcccptlonil: 885549
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STATE OF COLORADO
County of Garfield
At a regular meeting of the Board of County Commissioners for Garlield Countn
Colorado, held in the Commissioners Meeting Room, Garfield County Plaza Building, in
Glenwood Springs, on Monday, the 7e day of November AD 2}l6,there were present:
John Martin , C-ommissioner Chairman
Mike Samson . Commissioner
)
)ss
)
TomJankovsky ,
Kevin Batchelder
Tari Williams
Kellv Cave
Jean Alberico
Commissioner
CountyManager
County Attorney (absent)
Assistant Couuty Attomey
Clerk of the Board (absent)
when the following proceedings, among others were had and done, to-wit:
RFsoLUrroN No. 20' r - (af,
A RESOLUTION CONCERNED WTTH A RPQUNST TO CONSIDER TIIE VALIDITY
OF TIIE PRELIMINARY PLAN, AMEND TIIE DEYELOPMENT AGREEMENT, AI\I)
PLANNED UNIT DEVELOPMENT (pUD) KNOWNAS RTVEREDGE COLORADO ON
PROPERTY OWNED BY CARBOI{DALE IIYVESTMENTS, LLC, LOCATED MID.
WAY BETWEEN CARBONDALE ATID GLENWOOD SPRINGS ON THE WEST SIDE
oF STATE IIIGHWAY 82 AT CATTLE CREEK, SECTTON 7, TOWNSHTP 7 SOUTH,
RANGE E8 WEST OF TIrE 6rE p.M., GARFTELD COUNTY
PARCEL NOs. 2393O7300032 and 239307i00033
Recitals
A. A request for an amendment to the Development Agreement that extends the
termination date of the Agreement itself and amendments to the Project phasing schedule was
submitted by Carbondale Investments, LI.C (Developer) on property located mid-way between
Glenwood Springs and Carbondale on the west side of Highway 82 at Cattle Creek which is
approximately 73.237 acres (Parcel Number 239307300032) and 85.924 acres (Parcel Number
2393U304033) in size (the Property).
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B. The Property is located within unincorporated Garfield County in the Planned Unit
Development (PUD) Zone District.
C. The request of the Developer was to consider: l) Consideration that the Preliminary
PIan remains valid (Resolution No. 2011-84); 2) Amendment to the PUD Phasing Schedule
(Resolution 2011-84); 3) Extension of Vested Rights (2011-85) (Request later withdrawn); 4)
Restatement of Phase 0 Subdivision Improvements Agreement (SIA) (Resolution 2011-84); and
5) Update of Notices within Development Agreement (Resolution No. 2011-85). Developer
proposed an Amendment to the Development Agreement River Edge Colorado Planned Unit
Development Agreement (Amendment) to memorialize some of these requests.
D. The Board held a public meeting on November 7,2016, for consideration of
whether the requests should be approved, approved with conditions, or denied. At the meeting, the
public and interested persons were given the opportunity to express their opinions regarding the
applications.
E. The Board closed the public meeting on November 7,20L6, to make a final
decision.
RESOLUTTON
NOW THEREFORE, BE IT RESOLYED by the Board of County Commissioners of
Garfield County, Colorado, that based on the determination of facts set forth above, the
Development Agreement, SIA and PUD amendment requests are approved and the
Amendment attached hereto and incorporated herein as Exhibit A shall be executed
simultaneously herewith. More specifically:
1. Preliminary Plan. Pursuant to Resolution No. 2}ll-84, the Subdivision
Preliminary Plan was to be valid for three years or until the first final plat
was determined to be complete, On April 18, 2016, the BOCC held a public
hearing regarding the extension of the Preliminary Plan, among other
amendments, but said application was denied (Resolution No. 2016-32).
The Developer then requested reinstatement of the Preliminary Plan in a
public meeting held by the BOCC on November7,20t6, at which meeting
the BOCC reaffirmed that the Preliminary PIan is expired.
2. Amendment to PUD Phasing Schedule. The phasing schedule set forth in
Table 5 of Exhibit C to the PUD Development Guide included in Resolution
No. 2011-84 is extended by S-years for each phase.
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3.Extension of Building Permit Deadline. Pursuant to and by mutual
agreement of parties, the Development Agreement approved by and
attached to Resolution No. 2011-85, the deadline for the developer to file a
building permit is extended until November 7,2021 as provided in the
Amendment.
Reshtement of Phase 0 knprovements. The Amendment is to restate the
Phase 0 SIA stating that the Parties agree and acknowledge that the
Completion Date for purposes of the SIA has not yet been triggered or
determined.
Notices. The Amendment shall update the Notices for the Developer.
Dated tt i, d/ tl
aay ot Vl\nrntAo,^ zot6.
ATTEST:GARMLD COT]NTY BOARD OF
COT.INTY EOITMISSIONERS, GARFIELD
COTJNT
of the Board
Upon motion duly made and seconded the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
-
, Nay .
COMMISSIONER MIKE SAMSON , Aye
COMMISSIONER TOM JANKOVSKY , Aye .
STATE OF COLORADO
County of Garfield
County Clerk and ex-officio Clcrk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certify that the
annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board
of County Commissioners for said Garfield County, now in my office.
IN WIINESS WHEREOR I have hereunto set my hand and affixed the seal of said
)
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County, at Glenwood Springs, this _ day of A.D.20
County Clerk and ex-officio Clerk of the Board of County Commissioners
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EXHIBIT A
AMENDMENT TO DEVELOPMENT AGREEMENT
RIVER EDGE COLORADO PLANNED UMT DEVELOPMENT
THIS AGREEMENT is made and entered into this - day of
-,
2016, by and
between the BOARD OF COT NTY COMMISSIONERS OF Tfm COUNTY OF GAREIELD, a
body politic and corporate (the "County''), and CARBONDALE INVESTMENTS,I-tr-C, a Texas
limited liability company registered to do business in Colorado ("Developer"). The County and
Developer may hereinafter be refened to the "Parties."
WHEREAS, Developer is the owner of certain real property in Garfield County,
Coloradon described on Exhibit A (the "Property''); and
WHEREAS, on November 21,2011, by Resolution No. 2011-84, a copy of which was
recorded as Reception No. 8 12357, the Board of County Commissioners for the County ("BOCC")
approved Planned Unit Development zoning and a Subdivision Preliminary Plan ("Plan") for the
Property; and
WHEREAS, also on November 2L,2011, by Resolution No. 2011-85, a copy of
which was recorded as Reception No. 812356, the County approved a site specific development
plan and a Development Agreement granted cortain statutory vested rights relating to the Property;
and
WHEREAS, Developer is in the process of working with an adjacent property
owner to submit an amended PUD plan that may or may not include both the Property and adjacent
property, and Developer desires to preserve its existing land use entitlements for the Property, if
any, while working on a new application to be considered by the County,
WHEREAS, on November7,20l6,Developer asks the BOCC to extend and clarify
certain deadlines contained in the Subdivision Preliminary Plan approval and in the Development
Agreement. The BOCC clarified and extended certain deadlines as requested and memorialized
in Resolution 2016--. Howovor, the BOCC did not extend or reinstate the Plan.
NOW, TIIEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. Recitals. The foregoing recitals are incorporated by reference herein.
2. Amendment to PUD Phasine Schedule. The phasing schedule set forth in
Table 5 of Exhibit C to the PUD Development Guide included in Resolution No. 2011-84 is
extended as set forth below. The other details of Table 5 remain unchanged.
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1B
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2A
IA
3
4
4A
5
5A
6
Schedule of Platting
2021
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2422
2422
2423
2024
2025
2026
20n
2427
2028
3. Extetnsion of Buildine Permit Deadline. Pursuant to the Development
Agreement approved by dnd attached to Resolution No. 2011-85, the County has previously
granted statutory vested rig$ts for a period of l0 years for the "Project" as defrned therein, or until
December 22,2021. However, Paragraph 9 of the Development Agreement provides that such
rights shall terminate tf a building perrrit for development of the first phase of the Project is not
issued on or before five years after the effective date of the Development Agreement, or by
December 22,2016. Paragraph 9 also states that, notwithstanding anything else provided for in the
Development Agreement, in the event said building permit is not issued prior to D*ember 22,
2016, the County and CI qay agree in writing that the Development Agreement rcmains in place
for the remainder of the terr.n of the Development Agreement. The deadline for issuance of the first
building permit is hereby extended until November7,2O2l-
4. Phade 0 SIA. Rasolution No. 2011-84 approved the form of the River klge
Colorado Phase 0 Improvement Agreement ("SIA"), which addressed, among other things, the
construction of and security for various public improvements for the Project. The "Completion
Date" as defrned in the SIA was to be determined based on the timing of submission of an
appliqation for a "Grading Permit'' as defined in the SIA. The SIA included no particular deadline
for the Grading Permit application, and no Grading Permit application has been submitted as of
the date of this Agreement. Therefore, the Parties agree and acknowledge that the Completion
Date for purposes of the StA has not yet been triggered or determined.
5. Notibes. Section l0(f) of the Development Agreement is hereby amended
to update the notice addres$ for Developer as follows:
TO DEVELOPER:
Carbondale Investrnents, LLC
5121 Park Laue
Dall4s, TX 75220
!$g##$,lT!ktilr5:t**I:I*.'''
a copy to:
H. McConaughy, Esq.
& HECI{T, P.C.
Street#100
Springs, CO 81601
6.
provisions of Resolution
r Modifications. Except only as expressly modilied herein, all
20ll-84 and 2011-85, including the Development Agreement, the
PUD Development Guide, Phasing Plan, and SIA remain in effect and are hereby ratified and
affrrmed by the Parties herqto. AII provisions in the Development Agreement corceming remediesaffrrmed by the Parties herqto. AII provisions in the Development Agreement corceming remedies
and enforcement, except ofV as modified above, are incorporatedbyreference in this Agreement.
SO AGREFb as of this
-day
of
-
2016.
CARBONDALE INVESTMEIqTS,
Bv:
Ted Skokos, Mauager
STATE OF COLORADO )
) ss.
)COIJNTY OF
subscribed, and swom to before me this day of
2016,Ted Skokos as Manager of Carbondale Investments, LLC
WTINESS hand and official seal.
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ReceatlonH : 885549
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BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY
By:
John Martin, Chairman
County Clerk
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AMENDED DEVELOPMENT AGREEMENT. EXHIBIT A
lrgal Description
PARCEL A (SOLrrH PARCEL)
A TRACT OF LAND SMUATED IN THE EAST HALF OF SECTION 12, TOWNSHIP
7 SOUTH, RANGE 89 WEST, AND IN THE WEST HALF OF SECTION 7 AND IN THE
NORTH HALF OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH
PRINCIPAL MERIDIAN, COUNTY OF GARFMLD, STATE OF COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY RIGHT OF WAY LINE OF
COLORADO STATE HIGHWAY 82, WHENCE A 2 II2" BRASS CAP, FOUND IN PLACE
AND CORRECTLY MARKED AS THE SOUTTMAST CORNER OF SAID SECTION 7,
BEARS S 78O49'20'' E A DISTANCE OF 2T5O.I4 FEET;
TIIENCE, ALONG SAID RIGHT OF WAY LINE S 09'35'09'' E A DISTANCE OF
401.79 FEET;
THENCE, S 09O35'09'' E A DISTANCE OF 1545.87 FEET;
TFIENCE, 626.05 FEET ALONG THE ARC OF A CURVE TO THE LEF'T HAVING A
RADruS OF 1482.50 EEET, A CENTRAL ANGLE OF 24"11'44'' AND SUBTENDING A
CHORD BEARING OF S 2I'41'02" E A DISTANCE OF 621.41FEET;
THENCE, S 33O46'54'' E A DISTANCE OF 387.28 FEET;
THENCE, 294.32 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING
A RADruS OF 2815.00 FEET, A CENTRAL ANGLE OF 5"59'26'' AND SUBTENDING A
CHORD BEARING OF S 30"47'I I U E A DISTANCE OF 294.T9 FEET;
THENCE, DEPARTING SAID RIGHT OF WAY LINE N 89O53'16" W A DISTANCE
OF 218.07 FEET;
THENCE, N 40'23'30' W A DISTANCE OF 59.38 FEET;
THENCE, S 87O28'29'' W A DISTANCE OF 36.35 FEET;
TIIENCE, S 83"52'12" W A DISTANCE OF 10.80 FEET;
TTMNCE, N 58'27'19" W A DISTANCE OF 41.45 FEET;
THENCE, N 29"5 I'3 I. " W A DISTANCE OF 8.28 FEET;
TTIENCE, N 24"16'24" W A DISTANCE OF 25.22 FEET;
TIIENCE, N 69"00'53" W A DISTANCE OF 9.87 FEET;
THENCE, S 87O3 I'44" W A DISTANCE OF 22.60 FEET;
THENCE, N 57"25'OI" W A DISTANCE OF 17.28 FEET;
TTIENCE, N 50"09'49'W A DISTANCE OF 26.07 FEET;
TIIENCE, N 46"21'12' W A DISTANCE OF 9.99 FEET;
TIIENCE, N 44"28'05'' W A DISTANCE OF 2I.45 FEET;
THENCE, N 55'50'08' W A DISTANCE OF 49.05 FEET;
THENCE, N 56"2540'' W A DISTANCE OF 49.94 FEET;
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THENCE, N 68"12'23'' W A DISTANCE OF 36.45 FEET;
T}IENCE, N 46"54'04'''W A DISTANCE OF 55.18 FEET;
TIIENCE, N 68"49'2I'' W A DISTANCE OF 25.14 FEET;
TIIENCE, N 47'41'50" W A DISTANCE OF 78.78 FEET;
TIIENCE, N 30'26'40, W A DISTANCE OF24.58 FEET;
TIIENCE, N 25'47'OI'W A DISTANCE OF 30.08 FEET;
TIIENCE, N 18"11'39' W A DISTANCE OF 34.61 FEET;
TTMNCE, N 30"58'2i' W A DISTA}{CE OF 29.32 FEET;
TI{ENCE, N 2I"59'14' W A DISTANCE OF 27.5O FEET;
THENCE, N 30"16'07' W A DISTANCE OF 22.97 FEET;
THENCE, N 25"41'38" W A DISTANCE OF 169/4 FEET;
THENCE, N 41'17'39" E A DISTANCE OF 82.6I FEET;
THENCE, N 38"34'52" E A DISTANCE OF 15.89 FEET;
THENCE, N 34"26'44" W A DBTANCE OF 262.40 FEET;
TIfiNCE, N 57"58'09'' W A DISTANCE OF 102.47 FEET;
THENCE, N 53'43'31' W A DISTANCE OF 105.38 FEET;
TI{ENCE, N 55"58'11" W A DISTANCE OF 126.13 FEET;
THENCE, N 56'14'57'' W A DISTANCE OF 118.42 FEET;
THENCE, N 49'16'04' W A DISTANCE OF 136.33 FEET;
TIIENCE, N 44O30'5I'' W A DISTANCE OF 150.05 FEET;
THENCE, N 32'49'55'' W A DISTANCE OF I02.14 FEET;
THENCE, N 37'44'19" W A DISTANCE OF 552.12 FEET;
THENCE, N 18'10'02"'W A DISTANCE OF 47.26 FEET;
THENCE, N 27"58'19^ W A DISTANCE OF 109.20 FEET;
THENCE, N 35'O I'36' W A DISTANCE OF 7 I .09 FEET;
THENCE, N 41"32'47 ' W A DISTANCE OF 152.23 FEET;
TTMNCE, N 4OO22'24' W A DISTANCE OF 339.82 FEET;
TI{ENCE, N 64'20'53'' W A DISTANCE OF 34.06 FEET;
THENCE, N 45'00'36'' W A DISTANCE OF 52.42 FEET;
THENCE, N 44O53'4I" W A DISTANCE OF 154.66 FEET;
T}IENCE, N 32'35'48" W A DISTANCE OF 86.59 FEET;
THENCE, N 57"0I'32"'W A DISTANCE OF44.89 FEET;
THENCE, N 30"33'12'''W A DISTANCE OF 85.72 FEET;
THENCE, N 37"39'02'' W A DISTANCE OF 79.09 FEET;
TIIENCE, N 37"32'3O'"W A DISTANCE OF 63.32 FEET;
THENCE, N 20"02'15" W A DISTANCE OF 33.98 FEET;
THENCE, N 39'52'25'W A DISTANCE OF 42,02 FEET;
TIIENCE, N 25'36'04* W A DISTANCE OF IO7.I7 FEET;
TIMNCE, N 30'34'08* W A DISTA}.{CE OF I64.72FEET;
THENCE, N 1I'39'01' W A DISTANCE OF IO7.9O FEET;
TrmNCE, N 24'56'06',E A DISTANCE OF 163.60 FEET;
THENCE, N 63'39'33" E A DISTANCE OF 177.}LFEET;
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THENCE, N 83"1443' E A DISTANCE OF 393.54 FEET;
THENCE, N 07"1526" W A DISTANCE OF 2I.I9 FEET;
TIIENCE, N 80"51'l I " E A DISTANCE OF 50.00 FEET;
THENCE, N 89"15'06,E ADISTAI.{CE OF 65.56 EEET;
TTIENCE, N 57"50'04' E A DISTAI{CE OF !O.I2FE]ET;
THENCE, S 84"5I'I5'' E A DISTANCE OF 33.08 EEET;
THENCE, S 81"39'50' E A DISTANCE OF 89.61 FEET;
THENCE, N 56"07O0" E A DISTAI{CE OF 26.86 FEET:
TTIENCE, N 07"383I" E A DISTANCE OFN.% FEET;
TI{ENCE, N 37%157" W A DISTANCE OF 28.06 FEET;
TIIENCE, N 5O"OO'I5' E A DISTANIff,OF 22.23 FEET;
THENCE, N 82"O2'30" E A DISTANCE OF 36.49 FEET;
THENCE, S 6334'38" E A DISTANCE OF 54.05 FEET;
THENCE, S 45"59'58" E A DISTANCE OF 20.95 FEET;
TTIENCE, S 14O44'20" E A DISTANCE OF 29.18 FEET;
THENC$ S 11"11',17" w A DISTAI\CE OF 26.42 FEET;
THENCE S I4"584I '' E A DISTANCE OF 30.14 FEET;
TIIENCI S 43o42'10" E A DISTANCE OF 69.77 FEET;
THENCE S 31"3659" E A DISTAIICE OF 56.76 FEET;
THENCE, S 49O3846' E A DISTANCE OF 40.12 FEET;
THENCE, S 45"30'55'' E A DISTA}.ICE OF 40.88 FEET;
TTIENCE, S 60"16'38" E A DISTANCE OF43.39 FEET;
TIIENCE, 573"1624" E A DISTA}.ICE OF 67.60 FEET;
THENCE, S 53"05'15'' E A DISTANCE OF T5.86 FEET;
THENCE, S 63"37'30" E A DISTANCE OF 52.3I FEET;
THENCE, S 83"2821" E A DISTANCE OF46.95 FEET;
TIIENCE, N 86'20'27" E A DISTANCE OF 6I.04 FEET;
THENCE, N 3I"59'09" E A DISTANCEOF +7.W FEET;
THENCE, N 06"5838" E A DISTANCE OF 32.16 FEET;
THENCE" N 72"08'07' E A DISTANCE OF 7.98 FEET;
THENCE S 24o51'03" E A DISTANCE OF 72.35 FEET;
THENCE, S 4I"5247'' E A DISTANCE OF 50.71 FEET;
TIIENCE, S 54"44'21" E A DISTANCE OF 38.3I FEET;
THENCE, S 8339'39" E A DISTANCE OF 87.15 FEET;
THENCE, S 57O11'I2'' E A DISTANCE OF 7-1.06 FEET;
TIIENCE, S 41"51'16" E A DISTANCE OF 88.65 FEET;
THENCE S 57"39'13" E A DISTANCE OF 65.60 FEET;
THENCE, S 49"55'38' E A DISTANCEOF 74.96 FEET;
TTMNCE, S 61"04'52'' E A DISTANCE OF 43.44 FEET;
THENCE, S 7I"46'03" E A DISTANCE OF 55.45 FE:ET TO TrM POINT OF
BEGINNING, CONTAINING AN AREA OF 85.924 ACRES, MORE OR LESS
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TOGETHER WrrH PARCEL B (NORTH PARCEL)
A TRACT OF LAND SITUATED IN TIIE EAST HALF OF SECTION 12, TOWNSHIP
7 SOUTH, RANGE 89 WEST, AI..ID IN THE WEST HALF OF SECTION 7, TOWNSHIP 7
SOUTH, RANGE 88 WEST OFTHE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD,
STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING GARFIELD COUNTY SURVEYOR'S 2 1I2" BRASS, FOUND IN
PLACE, AND CORRECTLYMARKED AS TIIE SOUTI{EAST CORNER OF SAID SECTION
7, THENCE 549"22'15' E A DISTANCE OF 5479.54 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE, S 89"43'30" E A DISTANCE OF IOO5.44 FEET TO A POINT ON TIIE
WESTERLY LINE OF TTIE ROARING FORK TRANSM AUTHORITY TRANSPORTATION
CORRIDOR EASEMENT;
THENCE, ALONG TTIE WESTERLY LINE OF SAID EASEMENT S I9O38'52" E A
DISTANCE OF 2644.53 FEET;
THENCE. 494.34 FEET ALONG TTM ARC OF A CURVE TO THE zuGHT, HAVING
A RADruS OF 28I5.OO FEET, A CENTRAL ANGLE OF IO"O3'42'' AND SUBTENDING A
CHORD BEARING OF S I4"37'OI' E A DISTANCE OF 493.70 FEET;
THENCE, S 09"35'09'' E A DISTANCE OF 120.78 FEET;
THENCE, DEPARTING TTM WESTERLY LINE OF SAID EASEMENT N 65"36'14"
W A DISTANCE OF 60.45 FEET;
THENCE, N 49'54'IO" W A DISTANCE OF 64.72 FEET;
THENCE, N 49'54'IO'' W A DISTANCE OF 86.97 FEET;
THENCE, N 48'1I'IO' W A DISTANCE OF 54.30 FEET;
THENCE, N 56'47'27' W A DISTANCE OF 123.97 FEET;
THENCE, N 83%7'24'' W A DISTANCE OF 93.00 FEET;
TIIENCE, N 29"35'31" W A DISTANCE OF 119.58 FEET;
TTIENCE, N 78"0043" W A DISTANCE OF 33.84 FEET;
THENCE, S 79O4I'48'' W A DISTANCE OF 37.80 FEET;
THENCE, S 22"57'52" W A DISTANCE OF 56.05 FEET;
TTIENCE, S 59O31'57" W A DISTANCE OF 45.48 FEET;
TI{ENCE, N 82'32'35'''W A DISTANCE OF 28.23 FEET;
TIIENCE, N 59"07'03" W A DISTANCE OF 95.7I FEET;
THENCE, N 71'20'44'' W A DISTAI{CE OF 85.73 FEET;
TIIENCE, N 36'43'10'' W A DISTA}.ICE OF 93.22 FEET;
THENCE, N 25"39'22" W A DISTANCE OF 18I.92 FEET;
THENCE, N 65"10'24" W A DISTANCE OF 98.43 FEET;
THENCE, S 85"02'33'' W A DISTANCE OF 52.20 FEET;
TTIENCE, S 56"33'52'' W A DISTANCE OF 39.34 FEET;
TIIENCE, S 20O49'33'' W A DISTANCE OF 42.96 FEET;
TIIENCE, S 37O27'43'' E A DISTANCE OF 2I,60 FEET;
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THENCE, N77"02'57 " W'A DISTANCE OF 89.66 FEET;
THENCE, S 70"24'18'' W ADISTANCE OF70.95 FEET;
TIIENCE, N 88'59'39" W A DISTANCE OF 55.55 FEET;
THENCE, S 84O28'58'' W A DISTANCE OF 49.93 FEET;
THENCE, N 14"22'48'' E A DISTANCE OF 68.20 FEET;
TTMNCE, N O5'1 146" W A DISTANCE OF 77 .59 FEET;
THENCE, N 18'20'05'' E A DISTANCE OF 10.82 FEET;
THENCE, N 22'5340" E A DISTANCE OF 44.14 FEET;
THENCE, N 10"34'58'' E A DISTANCE OF 35.I I FEET;
THENCE, N 08"59'51'E A DISTANCE OF 47.16 FEET;
THENCE, N 03"48'08" E A DISTANCE OF 36.48 FEET;
THENCE, N 04"40'52' E A DISTANCE OF 71.03 FEET;
THENCE, N 07O37'51" E ADISTANCE OF 54.66 FEET;
THENCE, N 29"28'14' W A DISTANCE OF 63.68 FEET;
THENCE, N 32OOO'44" W A DISTANCE OF 6I.05 FEET;
THENCE, N 26"17'29' W A DISTANCE OF 55.52 FEET;
THENCE, N 38'14'26'W A DISTANCE OF 44.36 FEET;
THENCE, N 53'1 1'32' W A DISTANCE OF 37 ,73 FBET;
THENCE, N 59"5448' W A DISTANCE OF 54.16 FEBT;
THENCE, N 87O51'35U W A DISTANCE OF 36.97 FEET;
THENCE, N 57"33'47'W A DISTANCE OF 65.70 FEET;
THENCE, N 81"56'22'W A DISTANCE OF 85.02 FEET;
THENCE, N 04O11'29" W A DISTANCE OF 158.65 FEET;
THENCE, N 35'50'4I'' W'A DISTANCE OF 41.30 FEET;
THENCE, N 54"46'03'W A DISTANCE OF 24.70 FEET;
THENCE, N 28'5145" W A DISTANCE OF209.99 FEET;
THENCE, N IIO58'37'' W A DISTANCE OF 33.82 FEET;
THENCE, N 41"03'46'' E A DISTANCE OF 78.19 FEET;
THENCE, N 06"29'0I" W A DISTAI\CE OF 117.20 FEET;
THENCE, N 2OOO5'27'' W A DISTANCE OF 94,24 FEET;
TIMNCE, N IIO32'03" W A DISTANCE OF 63.83 FEET;
THENCE, N 07"57'46'' W A DISTANCE OF 14I.45 FEET;
TIIENCE, N 09'56'14'' E A DISTANCE OF 50,76 FEET;
TIIENCE, N 19"17'44'' W A DISTAI{CE OF 91.04 FEET;
THENCE, N 44O4['59"'W A DISTANCE OF 134.55 FEET;
THENCE, N 19"2349" W A DISTANCE OF 74.18 FEET;
THENCE, N 19"33'06" W A DISTANCE OF 43.27 FEET;
THENCE, N 2I'30'OI " W A DISTANCE AF 72.23 FEET;
THENCE, N 00"16'30'' E A DISTANCE OF 217.77 FEET;
THENCE, N 00'16'30" E A DISTANCE OF 312.94 FEET TO TtM POINT OF
BEGINNING, CONTAINING AN AREA OF 73.003 ACRES, MORE OR LESS.
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TOGETHER WITH PARCEL C:
A TRACT OF LAND SITUATED IN TTM SOUTHWEST QUARTER OF SECTION 7,
TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SDffH PRINCIPAL MERIDIAN,
COIJNTY OF GARFIELD, STATE OF COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY RIGHT OF WAY LINE OF
COLORADO STATE HIGHWAY 82, WHENCE A 2Il2' BRASS CAP, FOUND IN PLACE
A}.ID PROPERLY MARKED AS TTM SOUTHEAST CORNER OF SAID SECTION 7, BEARS
S 78"0143'E A DISTANCE OF2O54.I8 FEET;
THENCE, ALONG SAID WESTERLY zuGHT OF WAY LINE OF N 09"35'IO' W A
DISTANCE OF 188,14;
THENCE, 282.60 FEET ALONG TI{E ARC OF A CURVE TO THE LEFI HAVING A
RADruS OF 29I5.OO FEET A CENTRAL ANGLE OF 5"33'17'' AND SUBTENDING A
CHORD BEARING OF N 12"21'49" W A DISTANCE OF 282.49 FEET;
THENCE, DEPARTING SAID RIGHT OF WAY LINE S 9OOOO'OO'' E A DISTANCE OF
49.74 FEET;
TT{ENCE, S 06'01'00'' E A DISTANCE OF2O2.7O FEET;
THENCE, S 04"34'58'' E A DISTANCE OF 260.70 FEET TO THE POINT OF
BEGINNING, CONTAINING AN AREA OF .234 ACRES, MORE OR LESS
COUNTY OF GARFIELD
STATE OF COLORADO
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