HomeMy WebLinkAbout1.0 ApplicationKarp_Neu.HAaQnIoLYS nl
Karl J. Hanlon
kjh@mountainlawfirm.com
October 20, 2016
Sander N. Karp*
James S. Neu
Karl J. Hanlon
Michael J. Sawyer
James F. Fosnaught
Jeffrey J. Conklin
Andrew A. Mueller
* Fellow of the College of
Labor and Employment
Lawyers
Hand Delivery
Tamra Allen
Community Development Department
Garfield County
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Matthew L. Trinidad
Patrick L. Barker
Jon T. Hoistad
Delphine F. Janey
Of Counsel
Richard I. Zuber**
Anna S. Itenberg
Greg S. Russi
Hollie L. Wieland
** Fellow of the American
Academy of Matrimonial Lawyers
Glenwood Springs Once
201 14th Street, Suite 200
P. O. Drawer 2030
Glenwood Springs, CO 81602
Aspen Office***
323 W. Main Street, Suite 301
Aspen, CO 81611
Montrose Office ***
1544 Oxbow Drive, Suite 224
Montrose, CO 81402
Telephone: (970) 945-2261
Facsimile: (970) 945-7336
www.mountainlawfirm.com
***All correspondence should be sent to the
Glenwood Springs office
Re: Spring Valley Ranch PUD Amendment and Amended Development Agreement
Dear Tamra:
Enclosed please find an application for a PUD amendment for the Spring Valley Ranch
PUD. In addition, this letter shall serve as the PUD Amendment Justification Report as required
by the GCLUDC.
As we discussed at the pre -application conference on May 6, 2016, the Applicant is
requesting a specific language change from the approved Resolution 2010-38, Exhibit D - Phasing
Schedule. This application packet includes:
A. 4-203.B. General Application Materials:
1. Application form, Statement of Authority and Letter Authorizing Karp Neu
Hanlon PC to file application;
2. Proof of ownership (deed);
3. List of all property and mineral owners within 200 feet of the PUD and
names and mailing addresses of all owners within the PUD.
Applicant has conducted a title search relating to the mineral estate underlying the
surface lands of the PUD by reviewing deeds recorded in the office of the Garfield County
Karp_Neu_Hanlon.
AT1ORNE t'S AT I AYi
Spring Valley Ranch PUD Amendment and Amended Development Agreement
Page 2
Clerk and Recorder. Through such review it was determined that the mineral estate is
owned by the United States of America — Bureau of Land Management and the Applicant.
There are no federal mineral leases for the area based on a review of the BLM's GIS
information dated September 19, 2016.
4. Payment of fee and agreement to pay form;
5. Project Description. The Applicant is requesting modification of the
Phasing schedule associated with both the approved PUD for Spring Valley Ranch by
adding 5 years to the estimated start of construction dates. A 5 -year extension would mean
that the last of 21 phases (Mountain Phase 11) would start construction by 2031. The PUD
was approved under Resolutions 84-127 and amended through Resolution 94-135, 200-95,
2005-83, 2008-55, 2010-38 and 2012-95. Resolution 2012-95 recorded with Reception No.
828066 was the last approved resolution that amended the Phasing schedule and Phasing
Map (Exhibits C and D) of the Resolution.
In addition, a Development Agreement was executed as part of the PUD and
associated with the filing of the Phase I Final Plat. The Development Agreement was first
recorded on September 7, 2010 under reception No. 793248 and a first amendment was
approved on November 13, 2012 recorded with Reception No. 828067. The Development
Agreement "granted the developer certain vested rights for a period of no more than fifteen
(15) years after the date of approval of the Phase 1 Final Plat." The Development
Agreement allows for vested rights under the approved "Project Plans" for a period of 15
years. The 15 -year period began on the approval date the Phase I Final Plat which was
September 7, 2010. From a timeline perspective, this would provide the developer until
2025 to complete the start of construction for all phases. The applicant would like to ensure
that the timelines associated with the PUD as well as the Development Agreement
coincide.
Due to the economic downturn beginning in 2009 the market has not been able to
absorb the number of units approved pursuant to the original phasing schedule.
Accordingly, the applicant is seeking to extend the phasing schedule an additional five (5)
years per phase to account for the changed market conditions. Currently the applicant is
not seeking any other changes to the current approvals.
B. 4-203.C. Vicinity Map
Karp_Neu_Hanlon.
AT1ORNE t'S AT I AYi
Spring Valley Ranch PUD Amendment and Amended Development Agreement
Page 3
C. 6-302.B. Amendment Justification Report — Please see #5 above as the
Amendment Justification Report. As noted, the only change is to the Phasing
Schedule.
D. 6-302.A.1.e. Draft revised PUD Plan
E. 6-302.A.4. Draft revised PUD Guide. Attached is a revised phasing schedule
which was attached as Exhibit D to Resolution 2010-38. Also attached is an
updated Development Agreement that coincides with the proposed phasing plan.
We have included the complete PUD Guide for reference as well.
F. Draft revised Development Agreement
Should you have questions please do not hesitate to call.
Very truly yours,
KARP NEU HANLON, P.C.
Karl J. Hanlon
KJH:ap
Enclosures
cc: Spring Valley Holdings, LLC
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
PRE -APPLICATION
CONFERENCE SUMMARY
TAX PARCEL NUMBER: 2187-211-00-167, 2187-262-00-168, 2187-331-00-152
DATE: May 6, 2016
OWNER: Spring Valley Holdings, LLC
REPRESENTATIVE: Karl Hanlon, Karp.Neu.Hanlon and Michael Gamba, Gamba & Associates, Inc.
PRACTICAL LOCATION: On County Road 115, north of CMC Spring Valley campus
TYPE OF APPLICATION: — Spring Valley Ranch PUD Amendment and Amended Development
Agreement
I. GENERAL PROJECT DESCRIPTION
Spring Valley Ranch PUD is approximately 5,200 acres tract of land located in Sections 14, 15, 16 20,
21,22,23,26, 27, 28, 19, 33, and 34 of Township 6S, Range 88W.
The Applicant, would like to modify the Phasing schedule associated with both the approved PUD for
Spring Valley Ranch by adding 5 years to the estimated start of construction dates. A 5 -year
extension would mean that the last of 21 phases (Mountain Phase 11) would start construction by
2031. The PUD was approved under Resolutions 84-127 and amended through Resolution 94-135,
200-95, 2005-83, 2008-55, 2010-38 and 2012-95. Resolution 2012-95 recorded with Reception No.
828066 was the last approved resolution that amended the Phasing schedule and Phasing Map
(Exhibits C and D) of the Resolution.
In addition, a Development Agreement was executed as part of the PUD and associated with the
filing of the Phase I Final Plat. The Development Agreement was first recorded on September 7, 2010
under reception No. 793248 and a first amendment was approved on November 13, 2012 recorded
with Reception No. 828067. The Development Agreement "granted the developer certain vested
rights for a period of no more than fifteen (15) years after the date of approval of the Phase 1 Final
Plat." The Development Agreement allows for vested rights under the approved "Project Plans" for
a period of 15 years. The 15 -year period began on the approval date the Phase I Final Plat which was
September 7, 2010. From a timeline perspective, this would provide the developer until 2025 to
complete the start of construction for all phases. The applicant would like to ensure that the
timelines associated with the PUD as well as the Development Agreement coincide.
II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
The process to amend the
Agreement is a PUD amendment
subject to Section 6-203 of the
County's Land Use and
Development Code. The LUDC
provides in Section 6-203.A.1. that
in "All cases the following will be
deemed a Substantial
Modification: Modifications to an
approved phasing plan."
Applicable section of the Garfield
County Land Use and
Development Code, as amended,
include:
• 4-101 Common Review
Procedures
• 6-203 PUD Amendment
• Table 6-301— Application
Submittal Requirements
The Board of County
Commissioners is the body
charged with modifying and
approving a Development
Agreement. Staff recommends
the applicant requesting
Development Agreement
revised concurrently to
Board's decision on the
Phasing Plan amendment.
the
be
the
PUD
■NIK.VillnIAIIOLI1Rti 11 kl
=U 7eerae
net
A? R.
Faa..p as 7aoNF Alar i ae X50.0 ;aua-r, CO
F_nffaI5 D
PL1J Phasing Plan Approved by the PCD Resolution and Phasing Mau
Phase
Spring Valley Daach PLD
Infirm red Development Phasing Scbed uk
F.kmena
Estimated Stan of
Constriction
Estimated
Completion of
Coast -ruction
Phase 1 1 0 Cabin Lots
0 Fstate Lots
0 Ranch Lots
1 pasture Las
l Sales Office
1 Gale House
2 Space Parcels
Peau 2 22 Cabin Lata
26 Estee Lots
9 Ranch Lots
0 Psswrc Loh
4 Open Space Parcels
1 Light Industrial Parcel
Fire Station in accordance
with the requirements of the
Authority Having Jurisdiction.
Emergency Access Rand
extended along the alignment
of Hig)igrartge Pass to the
Landis Creek entrance at
CR115 (See Now below).
CRl Id Improvements: From
the end of the existing 'when
carr CMC to the Mein
Entrance.
April 2001
(see ritg L beiaw)
November 2008
April 2068 through
April 2014 depending
on economic and
marketing conditions
20 Months after
Start of
Construction
name 3
21Cabin Lots
39 Eagle Lots
17 Ranch Lots
0 Pastore Lan
1 Mountain Lot
3 (pen Space Parcels
10 Cabin Lots
0 Estate Lots
0 Ranch Lots
0 Past= Loss
4 V11 Cater Parcels
April 2001 through
April 2015 depending
on economic and
marketing conditions
20 Months after
Start of
Construction
Apnl 2001 through 20 Months after
April 2015 Stan of
depending on Con smvclion
economic and
conditions
III. REVIEW PROCESS
The process for a Substantial Modification to an approved PUD requires the following:
A. Pre -application Conference.
B. Director determines based on Section 6-203.6.1. that the application is a Substantial
Modification. The Director shall determine the contents of the application submittal.
C. Application Submittal (three paper copies and one CD).
D. Completeness review.
E. Schedule Planning Commission Public Hearing (requires 30 day notice).
F. Additional copies of submittal requested and sent to referral agencies.
G. Notice conducted pursuant to Section 4-101.E.(2)-(4) and shall include notice to all
property owners of record within the PUD.
H. Evaluation by Director/Staff resulting in a Staff Report.
I. Public hearing conducted with the Planning Commission for review and
recommendation.
J. Schedule Board of County Commissioners public hearing (requires 30 day notice)
K. Public hearing conducted with Board of County Commissioners to make a final
decision on the PUD amendment.
L. Public meeting conducted with the Board of County Commissioners to review and
make a decision on the request to approve a second amendment to the Development
Agreement for Spring Valley Ranch Planned Unit Development.
M. If approved, an amended PUD plan including the amended Phasing Plan shall be
recorded within 30 days from the date of an approval. Additionally, if the amended
Development Agreement is approved, the document shall be recorded within 30 days
from the date of approval.
The need for referral agency comments will be determined upon review of the application.
IV. SUBMITTAL REQUIREMENTS
A. 4-203.B. General Application Materials
1. application form and fee including Statements of Authority or other
Authorization to file application
2. proof of ownership (deed)
3. List of all property owners within 200 feet of the PUD as well as mineral
owners on the subject site, and names and mailing addresses of all owners
within the PUD
4. Payment of fee and agreement to pay form
5. Project Description
B. 4-203.C. Vicinity Map
C. 6-302.B. Amendment Justification Report
D. 6-302.A.1.e. Draft revised PUD Plan
E. 6-302.A.4. Draft revised PUD Guide
F. Draft revised Development Agreement
V. APPLICATION REVIEW FEES
This application will be subject to the following fees and deposit requirements:
Planning Review Fees: $ 300.00 + additional Staff time at staff hourly rate of $40.50
Referral Agency Fees: $ TBD
Total Deposit: $300.00
Disclaimer
This summary is valid for a period of 6 months. The foregoing summary is advisory in nature only
and is not binding on the County. The summary is based on current zoning, which is subject to
change in the future, and upon factual representations that may or may not be accurate. This
summary does not create a legal or vested right.
Pre -application Summary Prepared by:
05/06/2016
Tamra Allen, Acting Community Development Director Date
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-countv.com
LAND USE CHANGE PERMIT
APPLICATION FORM
TYPE OF APPLICATION — - -
--
■
Administrative Review
•
Development in 100 -Year Floodplain
•
Limited Impact Review
•
Development in 100 -Year Floodplain Variance
•
Major Impact Review
•
Code Text Amendment
•
Amendments to an Approved LUCP
❑ LIR ❑MIR ❑ SUP
-
Rezoning
❑ Zone District ❑ PUD • PUD Amendment
•
Minor Temporary Housing Facility
•
Administrative Interpretation
•
Vacation of a County Road/Public ROW
•
Appeal of Administrative Interpretation
•
Location and Extent Review
■
Areas and Activities of State Interest
•
Comprehensive Plan Amendment]
•
Accommodation Pursuant to Fair Housing Act
•
Pipeline Development
•
Variance
•
Time Extension (also check type of original application) _
PARTIES
Owner/Applicant
Name: Spring Valley Holdings, LLC Phone: { 248 )351-4876
Mailing Address: Seligman & Associates, Seligman Western Enterprises, One Towne Square, Ste 1913
City: Southfield State: MI Zip Code: 48076
E-mail:
Representative (Authorization Required)
Name: Karl J. Hanlon, Esq., Karp Neu Hanlon, PC Phone: ( 970 945-2261
Mailing Address: P.O. Drawer 2030
City: Glenwood SpringsState: CO Zip Code: 81602
E-mail: kjh@mountainlawfirm.com
. PROJECT NAME AND LOCATION
Project Name:
Spring Valley Ranch PUD Amendment and Amended Development Agreement
Assessor's Parcel Number: see _ list
_ attached
Physical/Street Address: County Road 115, North of CMC Spring Valley Campus
Legal Description: tract of land located in ections 14, 15, 16 20, 21,22,23,26, 27, 28,
S 19, 33, and 34 of Township 6S, Range 88W.
Zone District: PUD
approx. 5,200 acres
Property Size (acres):
PROJECT DESCRIPTION
Existing Use: Approved as a multi -phase residential development.
Proposed Use (From Use Table 3-403): No proposed change.
Description of Project: Please see attached project description.
REQUEST FOR WAIVERS
Submission Requirements
❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section: Section:
Section: Section:
Waiver of Standards
0 The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section: Section:
Section: Section:
I have read the statements above and have provided the required attached information which is
correct and accurate to the best of my knowledge.
Signature of a perty Owner Date
FPA
OFFICIAL USE ONLY
File Number: -
Fee Paid: $
Attachment to LUCP Application Form
for Spring Valley Ranch PUD Amendment and Amended Development Agreement
Assessor's Parcel Numbers:
2187-211-00-167, 2187-262-00-168, 2187-331-00-152
Description of Project:
The Applicant is requesting modification of the Phasing schedule associated with both the
approved PUD for Spring Valley Ranch by adding 5 years to the estimated start of construction
dates. A 5 -year extension would mean that the last of 21 phases (Mountain Phase 11) would start
construction by 2031. The PUD was approved under Resolutions 84-127 and amended through
Resolution 94-135, 200-95, 2005-83, 2008-55, 2010-38 and 2012-95. Resolution 2012-95
recorded with Reception No. 828066 was the last approved resolution that amended the Phasing
schedule and Phasing Map (Exhibits C and D) of the Resolution.
In addition, a Development Agreement was executed as part of the PUD and associated with the
filing of the Phase I Final Plat. The Development Agreement was first recorded on September 7,
2010 under reception No. 793248 and a first amendment was approved on November 13, 2012
recorded with Reception No. 828067. The Development Agreement "granted the developer certain
vested rights for a period of no more than fifteen (15) years after the date of approval of the Phase
1 Final Plat." The Development Agreement allows for vested rights under the approved "Project
Plans" for a period of 15 years. The 15 -year period began on the approval date the Phase I Final
Plat which was September 7, 2010. From a timeline perspective, this would provide the developer
until 2025 to complete the start of construction for all phases. The applicant would like to ensure
that the timelines associated with the PUD as well as the Development Agreement coincide.
Due to the economic downturn beginning in 2009 the market has not been able to absorb the
number of units approved pursuant to the original phasing schedule. Accordingly, the applicant is
seeking to extend the phasing schedule an additional five (5) years per phase to account for the
changed market conditions. Currently the applicant is not seeking any other changes to the current
approvals.
Included in the application packet is a revised phasing schedule which was attached as Exhibit D
to the approved PUD Guide. Also included is an updated Development Agreement that coincides
with the proposed phasing plan. We have enclosed the complete PUD Guide for reference as well.
Spring Valley Holdings, LLC, hereby authorizes Karl J. Hanlon of Karp Neu Hanlon, PC, to apply
for and act on their behalf with regard to the Spring Valley Ranch PUD Amendment and Amended
Development Agreement, located in Garfield County, Colorado.
B , `� Date: % '— '
Name: 1-1 • -2•711-v", 6b -?"(1)
Title:
883931 10/18/2016 03:25:46 PM Page 1 of 1
Jean Alberico, Garfield County, Colorado
Rec Fee: $11.00 Doc Fee: $0.00 eRecorded
Garfield County
STATEMENT OF AUTHORITY
Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of
Spring Valley Holdings, LLC a Delaware limited liability company (corporation, limited
liability company, general partnership, registered limited liability partnership, registered limited liability
limited partnership, limited partnership association, government agency, trust or other), an entity other
than an individual, capable of holding title to real property (the "Entity"), and states as follows:
The name of the Entity is Spring Valley Holdings, LLC
and is formed under the laws of the State of Delaware
The mailing address for the Entity is One Towne Square, Suite 1913, Southfield, MI 48076
The name and/or position of the person authorized to execute instruments conveying, encumbering, or
otherwise affecting title to real property on behalf of the Entity is Stephanie M. Zimmerman
The limitations upon the authority of the person named above or holding the position described above
to bind the Entity are as follows (if no limitations, insert "None"): None
Other matters concerning the manner in which the Entity deals with any interest in real property are (if
no other matter, leave this section blank):
EXECUTED this /1 day of delti �� , 20/G .
Signature:4' -_-'�-.�A✓
Name (printed): Stephanie M. Zim r awn
Title (if any): LLC Manager
STATE OF MI ckcu„, )
/�
)SS.
COUNTY OF Ca LItikse-/ )
The foregoing instrument was acknowledged before me this [ day of -kb-'A , 20 I t
,a
by''*-1-2fhDJUJL 2 , , on behalf of Spring Valley Holdings, LLC
Delaware limited liability company
Witness my hand and official seal.
My commission expires: 3.. 4c2. —f /
(Date)
[SEAL]
(Notary Public)
DONNAA SHERMAN
NOTARY PUBLIC - STATE OF MICHIGAN
COUNTY OF OAKLAND
My Commission Expires jAarch12, 2019
Acting in the County of c4 tLL
1111111111111111111 11 111111111111111111111111111111 IIII
686804 11/21/2005 09:55A 81747 P362 M ALSDORF
1 of 16 R 81.00 D 2500.00 GARFIELD COUNTY Co
SPECIAL WARRANTY DEED
Spring Valley Development, Inc., a Colorado corporation ("Grantor"), having an address at c/o
Lehman Brothers Holdings Inc., 399 Park Avenue, 8th Floor, New York, NY 10022, Attention:
Carmine A. Visone, for and in consideration of the sum of TEN AND NO/100 DOLLARS
($10.00) and other good and valuable consideration paid in hand to Grantor by Spring Valley
Holdings, LLC, a Delaware limited liability company ("Grantee"), having an address at 14001
Dallas Parkway, Suite 1105, Dallas, TX 75240, Attention: J. Kenneth Dunn, the receipt and
sufficiency of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and
CONVEYED, and by these presents does GRANT, BARGAIN, SELL and CONVEY unto
Grantee that certain tract of land located in Garfield County, Colorado and more particularly
described in Exhibit A attached hereto and incorporated herein by this reference, together with
all buildings, improvements and fixtures located thereon and owned by Grantor as of the date
hereof and all rights, privileges and appurtenances pertaining thereto including all of Grantor's
right, title and interest in and to all rights-of-way, open or proposed streets, alleys, easements,
strips or gores of land adjacent thereto (herein collectively called the "Real Property").
This conveyance is made by Grantor and accepted by Grantee subject to all covenants,
conditions, restrictions, and other matters of record in the office of the Garfield County,
Colorado, and all unpaid taxes and assessments, known or unknown (collectively, the
"Permitted Exceptions").
TO HAVE AND TO HOLD the Real Property together with all improvements located thereon
all and singular the rights and appurtenances thereto in anywise belonging, subject to the
Permitted Exceptions, unto Grantee, its legal representatives, successors and assigns.
Subject to the Permitted Exceptions, Grantor shall and will WARRANT ANI) FOREVER
DEFEND the above -bargained premises in the quiet and peaceable possession of Grantee, its
successors and assigns, against all and every person or persons lawfully claiming the whole or
any part thereof by, through or under Grantor.
This conveyance is made together with, but without warranty, water, water rights, water courses,
ditches and ditch rights, reservoirs, reservoir rights and storage rights, wells and well rights, well
permits, springs and spring rights, groundwater rights (whether tributary, nontributary or not-
nontributary), water contracts, water allotments, water taps, stock certificates, shares in ditch or
reservoir or water companies, and all other rights of any kind or nature in or to the use of water,
whether or not adjudicated, which are appurtenant to, historically used on or in connection with,
or located on or under the Real Property (collectively, "Water Riffhts"), together with any and
all associated structures and facilities for the diversion, carriage, transmission, conveyance,
measurement, storage or use of said Water Rights, and any and all easements, rights of way,
fixtures, personal property, contract rights, licenses, permits or decrees associated with or used in
LEGAL US E # 70128665.3
e tegp Cm/An im l II
Roy', to•(flutscti, 14m'- + I�etF 11 !III"-
35oo L,%,co/.t PA Z-4
Soo ,v. A.kwrd S
Oa Uas, 7X 7SZo /— 5'9
111111 11111 1111111 11 11111111 11111 11111 111 11111 1111 1111
686804 11/21/2005 09:55A B1747 P363 M ALSDORF
2 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO
connection with any such Water Rights or which may be necessary for the development,
operation or maintenance of such Water Rights.
[Signatures follow on next page]
LEGAL US E # 70128665.3
1111111 11111 1111111 11 1111111111111 11111 111 1111111111111
686804 11/21/2005 09:558 B1747 P36.4 M ALSDORF
3 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO
EXECUTED this /20 day of November, 2005, TO BE EFFECTIVE as of the /11:day of
November, 2005.
SPRING VALLEY DEVELOPMENT,
INC., a Colo o corporation
By:
Name: David S.Iraderick
Title: Au pad igna ory
STATE OF
New York
COUNTY OF New York
§
1 111111 11111 1111111 11 11111E1 11111 11111 111 1111111111111
686804 11/21/2005 09:55A 61747 P365 M ALSDORF
4 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO
This instniment was acknowledged before me on November S.:2005 2005 by David S. Broderick
authorized signatory of Spring Valley DeveloprnentI c., a Cp .rado corporation, on behalf of
said. f
My Commission Expires:
ANGELI fA s Slate Yo(1
NOTARY 1M
Quelled in New Yore QW72, R0�
Gommieslon Wires+r
SeOMMI
AFTER RECORDING RETURN TO:
Notary Public
1 111111 11111 1111111 11 11111111 11111 11111 10 11111 1111 1111
686804 11/21/2005 09:55A B1747 P366 M RLSDORF
5 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO
EXHIBIT A
LEGAL DESCRIPTION
Spring Valley Development, Inc. parcel:
A parcel of land located in Section 14, 15, 16, 20, 21, 22, 27, 28, 29, 32,
33, and 34, Township 6 South, Range 88 West, Sixth Principal Meridian being
more particularly described as follows:
Beginning at the Northwest Corner of said Section 20 being a stone monument
found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933)
thence S 88°16'08" E 2627.19 feet along the north line of said Section 20 to
the North Quarter Corner of said Section 20 being a 1-1/2 inch Aluminum Cap
(L.S. 16835) found in place and remonumented with a 2 -inch Aluminum Cap
(P.E.L.S. 5933); thence S 88°15'48" E 2625.91 feet along the north line of
said Section 20 to the Northeast Corner of said Section 20 being a 2-1/2 inch
GLO Brass Cap found in place said corner also being on the west line of said
Section 16; thence N 00°00'14" W 2631.77 feet along the west line of said
Section 16 to the East Quarter Corner of Section 17, T. 6 S., R. 88 W., 6th
P.M. being a 2-1/2 inch GLO Brass Cap found in place; thence N 00°08'04" W
340.70 feet continuing along the west line of said Section 16 to the West
Quarter Corner of said Section 16 being a 2-1/2 inch GLO Brass Cap found in
place; thence N 00°01'47" E. 1047.99 feet continuing along the west line of
said Section 16 to the southwest corner of a parcel of land described in Book
448, Page 284 in the office of the Garfield County Clerk and Recorder; thence
the following three courses along the boundary of said parcel described in
Book 448, Page 284:
1. thence N 89°16'47" E 334.10 feet; 2. thence N 03°35'47" E 252.06 feet; 3.
thence N 88°27'52" W 349.87 feet to a point on the west line of said Section
16: thence N 00°01'47" E 977.15 feet along the west line of said Section 16
to the Northeast Corner of said Section 17 being a 2-1/2 inch GLO Brass Cap
found in place; thence N 00°01'20" W 344.80 feet continuing along the west
line of said Section 16 to the Northwest Corner of said Section 16 being a 2
1/2 inch GLO Brass Cap found in place; thence N 89°57'15" E 2703.26 feet
along the north line of said Section 16 to the North Quarter Corner of said
Section 16 being a 2-1/2 inch GLO Brass Cap found in place; thence N
89°57'09" E 2637.87 feet continuing along the north line of said Section 16
to the Northeast Corner of said Section 16 being a 2-1/2 inch GLO Brass Cap
found in place; thence N 89°58'17" E 2638.56 feet along the north line of
said Section 15 to the North Quarter Corner of said Section 15 being a 2-1/2
inch GLO Brass Cap found in place; thence S 89°59'36" E 1318.31 feet
continuing along the north line of said Section 15 to the west line of the
NE1/4NE1/4 of said Section 15 being a 3 -inch Aluminum Cap (L.S. 15710) found
in place whence the northeast corner of said Section 15 being a 2-1/2 inch
GLO Brass Cap found in place bears 8 89°59'36" E 1318.31 feet; thence S
00°00'09" E 1312.36 feet along the west line of the NE1/4NE1/4 of said
Section 15, to the southwest corner of the NE1/4NE1/4 of said Section 15
being a 3 -inch Aluminum Cap (L.S. 15710) found in place;
thence N 89°55'46" East 1317.67 feet along the south line of the NE1/4NE1/4
of said Section 15 to the southeast corner of the NE1/4NE1/4 of said Section
15 being a 3 -inch Aluminum Cap (L.S. 15710) found in place;
thence S. 89°58'46" East 1320.64 feet along the north line of the SW1/4NW1/4
LEGAL_US_E # 7W 28665.3
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of said Section 14 to the northeast corner of the SW1/4NW1/4 of said Section
14 being a 3 -inch Aluminum Cap (L.S. 15710) found in place;
thence S 00°01'34" W 1312.94 feet along the east line of the SW1/4Nw1/4 of
said Section 14 to the southeast corner of the SW1/4NW1/4 of said Section 14;
thence S 00°01'19" East 1667.58 feet along the east line of the W1/2SW1/4 of
said Section 14;
thence S 89°58'41" W a distance of 1319.21 feet to a point on the east line
of Section 15;
thence N 00°04'13" W a distance of 370.03 feet along the East line of Section
15;
thence N 90°00'00" W a distance of 1360.33 feet;
thence N 00°00'00" W a distance of 940.00 feet;
thence N 90°00'00" W a distance of 1440.00 feet;
thence S 00°00'00" W a distance of 150.00 feet;
thence S 89°08'11" W a distance of 1158.63 feet to a point on the east line
of the NW1/4SW1/4 of said Section 15;
thence N 00°01'49" W a distance of 501.28 feet along said east line of the
NW1/4SW1/4 of said Section 15 to the Northeast corner of said NW1/4Sw1/4 of
Section 15 being a 2 inch aluminum cap (P.E.L.S. 5933);
thence S 89°51'07" W a distance of 1323.59 feet along the north line of said
NW1/4SW1/4 of Section 15 to the W1/4 corner of said Section 15 being a 2-1/2
inch GLO Brass Cap;
thence S 00°05'16" W a distance of 1535.19 feet along the west line of said
Section 15 to the Southwest Corner of said NW1/4SW1/4 of Section 15 being a 2
inch aluminum cap (P.E.L.S. 5933);
thence S 89°51'32" E 856.76 feet along the south line said NW1/4SW1/4 of
Section 15;
thence S 00°00'00" W a distance of 700.00 feet;
thence N 60°11'19" E a distance of 1740.00 feet;
thence S 44°04'32" E a distance of 720.00 feet;
thence S 59°25'06" E a distance of 380.00 feet;
thence S 04°18'14" W a distance of 1705.77 feet;
thence S 52°00'40" W a distance of 570.00 feet;
thence S 32°36'07" E a distance of 720.00 feet;
thence N 55°19'58" E a distance of 662.28 feet;
thence S 34°57'59" E a distance of 1160.00 feet;
thence S 61°02'11" W a distance of 1510.00 feet;
thence S 49°17'33" W a distance of 440.21 feet;
thence S 67°46'01" W a distance of 2056.57 feet;
thence S 33°43'34" E a distance of 2585.68 feet;
thence S 57°12'11" E a distance of 1507.60 feet;
thence S 25°57'07" East a distance of 1863.71 feet;
thence S 08°45'36" E a distance of 1546.11 feet;
thence S 00°45'01" W a distance of 425.99 feet;
thence N 89°14'59" W a distance of 2048.85 feet along the south line of said
Section 27 being a 2-1/2 inch GLO Brass Cap found in place;
thence N 89°17'11" W 1319.72 feet along the north line of said Section 34 to
the NE corner W1/2NW1/4 of said Section 34 whence the Northwest Corner of
said
Section 34 bears N 89°17'11" W 1319.72 feet;
thence S 00°05'58" E 2466.04 feet along the east line of the W1/2NW1/4 of
said Section 34 to the southeast corner of the W1/2NW1/4 of said Section 34;
thence S 89°51'39" W 1389.27 feet along the south line of the W1/2NW1/4 of
said Section 34 to the West Quarter Corner of said Section 34 being .a stone
monument found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S.
5933);
thence N 88°27'45" w 2511.99 feet along the south line of the NE1/4 of said
LEGAL US_E 8 70128665,3
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7 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO
Section 33 to the Center Quarter of said Section 33 being a 3 inch Aluminum
Cap (County Surveyor) found in place;
thence N 8B°27'28" W 1092.52 feet along the south line of Lot 6 of said
Section 33 to the southwest corner of said Lot 6;
thence N 00°19'52" E 821.58 feet along the west line of said Lot 6 to the
southeast corner of Lot 5 of said Section 33;
thence N 88°29'25" W 1065.30 feet along the south line of said Lot 5 to a
point on the northerly right-of-way of Garfield County Road 119;
thence the following seventeen (17) courses along the northerly right-of-way
of said County Road 119;
1. thence along the arc of a non -tangent curve to the left having a radius of
190.00 feet, and a central angle of 40°11'43" for a distance along the curve
of 133.29 feet; the chord of said curve bears N 69°42'36" W a distance of
130.58 feet;
2. thence N 89°48'27" W 335.07 feet to a point on the west line of said
Section 33 whence the Northwest Corner of said Section 33 being a 3 -inch
County Surveyor's Aluminum Cap found in place bears N 01°14'21" E 1729.72
feet;
3. thence N 89°48'27" W 746.63 feet
4. thence along the arc of a curve to the right having a radius of 9975.00
feet, and a central angle of 01°23'23" for a distance along the curve of
241.95 feet: the chord of said curve bears N 89°06'46" W a distance of 241.94
feet;
5. thence N 88°25'04" W 886.82 feet;
6. thence along the arc of a curve to the right having a radius of 30.00
feet, and a central angle of 101°43'17" for a distance along the curve of
53.26 feet; the chord of said curve bears N 37°33'26" W a distance of 46.54
feet;
7. thence N 13°18'13" E 1531.48 feet;
8. thence along the arc of a curve to the left having a radius of 715.00
feet, and a central angle of 15°55'12" for a distance along the curve of
198.67 feet; the chord of said curve bears N 05°20'37" E a distance of 198.03
feet to a point on the south line of said Section 29 whence the Southeast
Corner of said Section 29 bears S 89°03'23" E 1570.16 feet;
9. thence along the arc of a curve to the left having a radius of 715.00
feet, and a central angle of 29°05'27" for a distance along the curve of
363.03 feet; the chord of said curve bears N 17°09'43" W a distance of 359.14
feet;
10. thence along the arc of a curve to the left having a radius of 1853.11
feet, and a central angle of 14°56'46" for a distance along the curve of
483.40 feet; the chord of said curve bears N 39°10'49" W a distance of 482.03
feet;
11. thence
12. thence
N 46°39'12" w 512.11 feet;
along the arc of a curve to the
feet, and a central angle of 29°19'12" for
278.53 feet; the chord of said curve bears
feet;
13. thence N 75°58'25" W 274.72 feet;
14. thence along the arc of a curve to
feet, and a central angle of 10°01'45"
136.11 feet; the chord of said curve bears
feet
left having a radius of 544.29
a distance along the curve of
N 61°18'49" W a distance of 275.50
the right having a radius of '777.56
for a distance along the curve of
N 70°57'32" W a distance of 135.93
15. thence N 65°56'40" W 288.79 feet;
16. thence along the arc of a curve to the right having a radius of 934.49
feet, and a central angle of 12°43'09" for a distance along the curve of
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8 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO
207.45 feet; the chord of said curve bears N 59°35'05" W a distance of 207.03
feet;
17. thence N 53°13'30" W 363.38 feet to a point on the west line of Lot 26 of
said Section 29;
thence N 00°30'27" E 619.90 feet along the west line of said Lot 26 to the
northwest corner of said Lot 26; thence N 90°00'00" W 65.41 feet to a fence
post with a pk-nail in the top and accepted as the southwest corner of Lot 20
of said Section 29; thence N 00°34'26" E 2165.03 feet along the accepted west
line of Lots 20, 16, and 8 of said Section 29 to a red plastic cap (P.L.S.
27929); thence N 00°32'35" E 431.30 feet to the southwest corner of a parcel
of land described in Book 527, Page 95]in the office of the Garfield County
Clerk and Recorder; thence along the southerly boundary of said parcel of
land described in Book 527, Page 951 S 89°32'20" E 431.36 feet;
thence the following two courses along the Southerly boundary of a parcel of
land described in Book 872, Page 768 in the office of the Garfield County
Clerk and Recorder:
1. thence S 50°51'48" E 497.50 feet;
2. thence S 57°58'21" E 57.39 feet to a point on the Southerly boundary of a
parcel of land described in Book 915, Page 112 in the office of the Garfield
County Clerk and Recorder;
thence S 57°58'21" E 305.00 feet along the Southerly boundary of said parcel
of land described in Book 915, Page 112;
thence S 33°33'03" E 149.53 feet along the Southwesterly boundary of a parcel
of land described in Book 621, Page 219 in the office of the Garfield County
Clerk and Recorder;
thence S 81°36'23" E 135.95 feet along the Southerly boundaries of parcels of
land described in Book 621, Page 219 and nook 965, Page 509 in the office of
the Garfield County Clerk and Recorder to a point on the boundary of said
parcel of land described in Book 965, Page 509; thence the following three
courses along the southeasterly boundary of said parcel described in Book
965, Page 509:
1. thence S 81°42'23" E 302.25 feet;
2. thence N 05°12'20" E 149.94 feet;
3. thence along the arc of a curve to the right having a radius of 55.23
feet, and a central angle of 40°33'24: for a distance along the curve of
39.09 feet; the chord of said curve bears N 25°28'41" E a distance of 38.28
feet to a point on the southerly boundary of a parcel of land described in
Book 808, Page 803 in the office of the Garfield County Clerk and Recorder;
thence the following three courses along the easterly boundary of said parcel
described in Book 806, Page 803:
1. thence S 81°42'37" E 123.19 feet;
2. thence N 21°00'23" W 820.84 feet to a point on the south line of said
Section 20 whence the South Quarter Corner of said Section 20 being a stone
monument found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S.
5933) bears N 88°32'13" W 248.98 feet;
3. thence N 21°00'23" W 137.24 feet to a point on the northerly right-of-way
of Garfield County Road 115; thence the following two courses along the
northerly right-of-way of said County Road 115:
1. thence along the arc of a non -tangent curve to the right having a radius
of 5288.82 feet, and a central angle of 02°43'04" for a distance along the
curve of 250.87 feet; the chord of said curve bears N 73659'48" W a distance
of 250.84 feet;
2. thence N 72038'16" W 1244.87 feet to a point on the accepted east line of
Lot 4 of said Section 20 whence the southeast corner of a parcel of land
recorded under reception number 467225 in the office of the Garfield County
Clerk and Recorder being a red plastic cap (P.L.S. 27613) found in place and
accepted as a point on the east line of said Lot 4 bears S 01051'02" W 9.41
LEGAL_US_E # 70128665.3
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9 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO
feet; thence N 01°51'02" E 490.79 feet along the accepted east line of said
Lot 4 to the northeast corner of said Lot 4 being a stone monument found in
place and remonumented with a 2 -inch Aluminum Cap (P_E,L,S, 5933); thence N
88°18'52" W 1429.59 feet along the north Line of said Lot 4 and Lot 3 of said
Section 20 to the northwest corner of said Lot 3 whence the Southwest Corner
of said Lot 20 being a 2-1/2 inch Aluminum Cap (P.L.S. 27929) found in place
bears S 00°06'31" E 1006.11 feet; thence N 00006131" W 1630.93 feet along the
west line of said Section 20 to the West Quarter Corner of said Section 20
being a stone monument found in place and remonumented with a 2 -inch Aluminum
Cap (P-E.L.S. 5933); thence N 00°04'12" E 2632,88 feet along the west line of
said Section 20 to the Northwest Corner of said Section 20 being the POINT OF
BEGINNING.
EXCEPTING THE FOLLOWING FIVE PARCELS:
1) MIDDLE EXCEPTION PARCEL LEGAL DESCRIPTION
A parcel of land located in the West Half of Section 29 and Northwest Quarter
of Section 28, Township 6 South, Range 88 West, of the Sixth Principal
Meridian, said parcel being further described as follows:
Beginning at a point on the easterly line of said Section 29 whence the
Northeast Corner of Section 29 being a 2-1/2 inch GeO Brass Cap found in
place bears N 01°09'28" E 1250.72 feet thence S 01009'26" W 346.32 feet along
the east line of said Section 29 to a point on the northerly line of a parcel
of land described in Book 495, Page 596 in the office of the Garfield County
Clerk and Recorder, whence the west Quarter Corner of said Section 28 being a
3 inch Aluminum Cap (County Surveyor) bears S 01°09'28" E 987.24 feet; thence
S 88°09'03" E 557.11 feet along the northerly line of said parcel of land
described in Book 495, Page 596 to a point on the southerly right-of-way line
of Garfield County Road 115; thence along the arc of a curve to the left
having a radius of 826.12 feet, and a central angle of 17050'11" for a
distance along the curve of 257.17 feet; the chord of said curve bears
S64°07'08" E a distance of 256.14 feet along the southerly right-of-way of
said County road 115; thence S 73°02'14" E 43,18 feet continuing along the
southerly right-of-way line of said County Road 115 to a point in the
easterly line of said parcel of land described in Book 495, Page 596; thence
5 00°01'52" W 114.31feet along the easterly boundary of said parcel of land
described in Book 495, Page 596 to the southeast corner of said parcel of
land described in Book 495, Page 596; thence the following four courses along
the Southerly Boundary of said parcel of land described in Book 495, Page
596:
1. thence N 89°58'0B" W 327.05 feet;
2, thence S 54010'41" W 185.54 feet;
3. thence N 42°16'19" W 154.20 feet;
4. thence S 59°30'35" W 216.33 feet to a point on the boundary of a parcel of
land described in Book 988, Page 802 in the office of the Garfield County
Clerk and Recorder; thence the following six courses around the easterly,
northerly, and southerly boundaries of said parcel of land described in Book
988, Page 802:
1. thence S 13°45'40" E 111.74 feet;
2. thence S 89°58'08" E 101.60 feet;
3. thence S 00°01'52" W 69.06 feet;
4. thence S 88°48'28" E 25.57 feet;
5. thence S 00°37'24" E 148.37 feet;
6. thence S 14°45'31" E 57.78;
thence S 58°03'40" W 625.36 feet along the southerly boundaries of parcels of
land described in Book 988, Page 802 and Book 736, Page 345 in the office of
LEGA L US_E # 70128665 3
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10 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO
the Garfield County Clerk and Recorder to a point on the southerly boundary
of said parcel of land described in Book 736, Page 345;
thence along the southerly and westerly boundaries of said parcel of land
described in Book 736, Page 345 the five (5) courses:
1. thence N 75°53'28" W 35.87 feet;
2. thence N 66°59'35" W 380.19 feet;
3. thence N 50°53'55" W 27.02 feet;
4. thence N 25°54'08" W 19.09 feet;
5. thence N 05°08'09" W 580.16 feet; to a point on the westerly boundary of a
parcel of land described in Book 886, Page 329 in the office of the Garfield
County Clerk and Recorder;
thence along the westerly and northerly boundaries of said parcel of
land described in Book 886, Page 329 the following (3) courses:
1. thence N 05°36'42" W 538.91 feet;
2. thence N 04°18'35" W 374.95 feet;
3. thence N 82°52'22" E 323. 76 feet to a point on the southerly right-of-way
line of said Garfield County Road 115;
thence along the said right-of-way line the following three (3) courses:
1. thence along the arc of a non -tangent curve to the left having a radius of
993.47 feet, and a central angle of 03°01'0B" for a distance along the curve
of 52.35 feet; the chord of which bears S 34°41'10" E a distance of 52.34
feet;
2. thence along the arc of a curve to the left having a radius of 480.00
feet, and a central angle of 36°06'40" for a distance along the curve of
302.52feet; the chord of said curve bears S 54°15'04 E a distance of 297.54
feet; 13. thence S 72°18'24" E 273.90 feet to the POINT OF BEGINNING.
2) EAST EXCEPTION PARCEL LEGAL DESCRIPTION
A parcel of land located in Section 28, Township 6 South, Range 88 West, of
the Sixth Principal Meridian being more particularly described as follows:
Beginning at the South Quarter Corner of Section 28 being a stone monument
found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933);
thence N 88°33'15" W 1084.24 feet along the south line of Section 28 to a
point on the westerly boundary of a parcel of land described in Book 938,
Page 691 in the office of the Garfield County Clerk and Recorder;
whence the Southwest Corner of Section 28 being a 3 -inch County Surveyor
Aluminum Cap found in place bears S 88°33'15" E 1495.74 feet;
thence N 01°00'28" E 2568.63 feet along the westerly boundary of said parcel
of land described in Book 936, Page 691 to a point on the westerly boundary
of a parcel of land described in Book 638, Page 941 in the office of the
Garfield County Clerk and Recorder;
thence N 01°01'12" E 691.65 feet along the westerly boundary of said parcel
of land described in Book 638, 941 to a point on the southerly right-of-way
line of said Garfield County Road 115;
thence along the southerly right-of-way line of said County Road 115 the
following seven (7) courses:
1. along the arc of a non -tangent curve to the right having a radius of
594.56 feet, and a central angle of 41°58'28" for a distance along the curve
of 435.57 feet; the chord of said curve bears S 43°10'12" E a distance of
425.90 feet;
2. thence S 22°10'58" E 307.62 feet;
3. thence along the arc of a curve to the left having a radius of 1421.75
feet, and a central angle of 15°49'57" for a distance along the curve of
392.87 feet; the chord of said curve bears S 30°05'57" E a distance of 391.63
feet;
4. thence along the arc of a curve to the right having a radius of 370.00
LEGAL_US E # 70128665.3
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feet, and a central angle of 32°43'14" for a distance along the curve of
211.30 feet; the chord of said curve bears S 21°39'19" E a distance of 208.44
feet;
5. thence along the arc of a curve to the left having a radius of 2437.42
feet, and a central angle of 28°42'24" for a distance along the curve of
1221.22 feet; the chord of said curve bears S 19°38'54" E a distance of
1208.48 feet;
6. thence S 34°00'06" E 1152.91 feet;
7. thence along the arc of a curve to the left having a radius of 430.00
feet, and a central angle of 23°03'17" for a distance along the curve of
173.02 feet; the chord of said curve bears S 45°31'45" E a distance of 171.86
feet to a point on the south line of Section 28; whence the Southeast Corner
of Section 28 being a 2-1/2 inch GLO Brass Cap found in place bears S
86°11'17" E 1745.44 feet;
thence N 86°11'17" W 829.99 feet along the south line of Section 28 to the
POINT OF BEGINNING.
3) GARFIELD COUNTY ROAD 115 EXCEPTION PARCEL
LEGAL DESCRIPTION
A parcel of land located in Sections 20, 29, 28, 33, and 34, Township 6
South, Range 88 West, of the Sixth Principal Meridian, said parcel being a 60
foot wide right-of-way extending thirty feet on each side of the following
described centerline for Garfield County Road 115, said centerline being
further described as follows:
Beginning at a point from whence the Southwest corner of said Section 20
bears S 89°59'26" W a distance of 2853.70 feet, said section corner being a
2-1/2 inch Aluminium Cap found in place;
thence along the arc of a curve to the left having a radius of 5318.82 feet,
and a central angle of 04016'52: for a distance along the curve of 397.42
feet; the chord of said curve bears S 77°43'40" E a distance of 397.32 feet;
thence S 79°52'05" E 121.04 feet to a point along the section line common to
said Sections 20 and 29 from whence the Quarter corner common to said
Sections 20 and 29 being a Stone Monument found in place and remonumented
with a 2 -inch Aluminum Cap bears N 88°32'13" W 720.55 feet;
thence S 79°52'05" E 331.86 feet;
thence along the arc of a curve to the right having a radius of 900.00 feet,
and a central angle of 20°29'08" for a distance along the curve of 321.79
feet; the chord of said curve bears S 69°37'31: E a distance of 320.08 feet;
thence S 59°22'57" E 217.30 feet;
thence along the arc of a curve to the right having a radius of 1081.34 feet,
and a central angle of 35°38'00" for a distance along the curve of 672.50
feet; the chord of said curve bears S 41°33'57" E a distance of 661.72 feet;
thence S 23°44'57" E 73.66 feet;
thence along the arc of a curve to the left having a radius of 963.47 feet,
and a central angle of 12°26'47" for a distance along the curve of 209.29
feet; the chord of said curve bears S 29°58'21" E a distance of 208.88 feet;
LEGAL_US_E # 70128665.3
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thence along the arc of a curve to the left having radius of 450.00 feet, and
a central angle of 36°06'40" for a distance along the curve of 283.62 feet;
the chord of said curve bears S 54°15'04" E a distance of 278.95 feet;
thence S 72°18'24: E 264.99 feet to a point along the section line common to
said Sections 28 and 29 from whence the Northeast corner of said Section 29
being a 2-1/2 inch GLO Brass Cap found in place bears N 01°09'28" E 1219.42
feet;
thence S 72°18'24" E 167.61 feet;
thence along the arc of a curve to the right having a radius of 377.41 feet,
and a central angle of 25°33'14" for a distance along the curve of 168.32
feet; the chord of said curve bears S 59°31'47" E a distance of 166.93 feet;
thence S 46°45'10" E 235.64 feet;
thence along the arc of a curve to the left having a radius of 796.12 feet,
and a central angle of 26°17'03" for a distance along the curve of :365.22
feet; the chord of said curve bears S 59°53'42" E a distance of 362.02 feet;
thence S 73°02'14" E 636.67 feet;
thence along the arc of a curve to the right having a radius of 624.56 feet,
and a central angle 50°51'15" for a distance along the curve of 554.35 feet;
the chord of said curve bears S 47°36'36" E a distance of 536.33 feet;
thence S 22°10'58" E 307.62 feet;
thence along the arc of a curve to the left having a radius of 1391.75 feet,
and a central angle of 15°49'57" for distance along the curve of 384.58
feet, the chord of said curve bears S 30'05'57" E a distance of 383.36 feet;
thence along the arc of a curve to the right having a radius of 400.00 feet,
and a central angle of 32°43'14" for a distance along the curve of 228.43
feet; the chord of said curve bears S 21°39'19" E a distance of 225.34 feet;
thence along the arc of a curve to the left having a radius of 2407.42 feet,
and a central angle of 28°42'24" for a distance along the curve of 1206.18
feet; the chord of said curve bears S 19°38'54" E a distance of 1193.61 feet;
thence S 34°00'06" E 1152.91 feet;
thence along the arc of a curve to the left having a radius of 400.00 feet,
and a central angle of 25°53'11" for a distance along the curve of 180.72
feet; the chord of said curve bears S 46°56'42" E a distance of 179.19 feet;
thence S 59°53'17" E 38.40 feet to a point along the section line common to
said Sections 28 and 33 from whence the Quarter corner common to said
Sections 28 and 33 being A Stone Monument found in place and remonumented
with a 2 -inch Aluminum Cap bears N 86°11'17" W 896.52 feet;
thence S 59°53'17" E 421.00 feet;
thence along the arc of a curve to the right having a radius of 779.79 feet,
and a central angle of 35°42'49" for a distance along the curve of 486.06
feet; the chord of said curve bears S 42°01'52" E a distance of 478.23 feet;
LEGAL_US_E # 70126665.3
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thence S 24°10'27" E 644.62 feet;
thence along the arc of a curve to the right having a radius of 882.82 feet,
and a central angle of 26°58'38" for a distance along the curve of 415.67
feet; the chord of said curve bears S 10°41'09" E a distance of 411.84 feet;
thence S 02°48'10" W 238.01 feet;
thence along the arc of a curve to the left having a radius of 729.53 feet,
and a central angle of 37°41'54" for a distance along the curve of 480.00
feet; the chord of said curve bears S 16°02'47" E a distance of 471.39 feet;
thence along the arc of a curve to the left having a radius of 200.00 feet,
and a central angle of 53°37'43" for a distance along the curve of 187.20
feet; the chord of said curve bears S 61°42'35" E a distance of 180.44 feet;
thence along the arc of a curve to the left having a radius of 2171.07 feet,
and a central angle of 08°19'31" for a distance along the curve of :315.47
feet; the chord of said curve bears N 87°18'48" E a distance of 315.19 feet
to a point along the section line common to said Sections 33 and 34 from
whence the Northeast corner of said Section 33 being a 2-1/2 inch GLO Brass
Cap found in place bears N 01°30'32" E 2209.86 feet;
thence along the arc of a curve to the left having a radius of 2171.07 feet,
and a central angle of 15°20'11" for a distance along the curve of 581.13
feet; the chord of said curve bears N 75°28'57" E a distance of 579.40 feet;
thence along the arc of a curve to the right having a radius of 280.00 feet,
and a central angle of 55°26'50" for a distance along the curve of 270.97
feet; the chord of said curve bears S 84°27'44" E a distance of 260.52 feet;
thence S 56°44'19" E 393.81 feet;
thence along the arc of a curve to the left having a radius of 669.07 feet,
and a central angle of 21°39'21" for a distance along the curve of 252.89
feet; the chord of said curve bears S 67°34'00" E a distance of 251.38 feet
from whence the said Northeast corner of Section 33 bears N 28°52'13" W
2741.66 feet;
Such parcel being a 60 foot right-of-way (30 feet on each side of the above
described centerline).
The right-of-way lines of said right-of-way shall be prolonged or shortened
to begin and end on and conform to the property boundary lines.
4) GARFIELD COUNTY ROAD 114 EXCEPTION PARCEL
LEGAL DESCRIPTION
A parcel of land located in the Northeast Quarter of Section 33, Township 6
South, Range 88 West, of the Sixth Principal Meridian, said parcel being the
right-of-way for Garfield County Road 114 and the intersection of Garfield
County Road 114 with Garfield County Road 115, said parcel being further
described as follows:
Beginning at a point on the southern line of the Northeast Quarter of said
Section 33 whence the East Quarter Corner of said Section 33 being a Stone
LEGA L_US_E t/ 70128665.3
111111 11111 1111111 111 11111111111 HEM 111111 III 1111
686804 11/21/2005 09:55A B1747 P375 M ALSDORF
14 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO
Monument found in place and remonumented with a 2 -inch Aluminum Cap bears S
88°27'45" E 551.40 feet said point also being a point on the easterly
right-of-way of Garfield County Road 114;
thence N 88°27'45" W 77,11 feet along said southern line of the Northeast
Quarter to a point on the westerly boundary of said County Road 114, whence
the Center Quarter for said Section 33 being a 2-1/2 inch Aluminum Cap found
in place bears N 88°27'45" W 1883.48;
thence the following two courses along the westerly right-of-way of said
County Road 114:
1. N 40°27'03" E 99.05 feet;
2. thence along the arc of a curve to the left having a radius of 270.00
feet, and a central angle of 69°20'35" for a distance along the curve of
326.77 feet; the chord of said curve bears N 05°46'46" E a distance of 307.19
feet to a point on the southerly right-of-way of Garfield County Road 115;
thence the, following three courses along the southern right-of-way of County
Road 115:
1. along the arc of a non -tangent curve to the left having a radius of 759.53
feet, and a central angle of 06°00'12" for a distance along the curve of
79.58 feet; the chord of said curve bears S 31°53'38" E a distance of 79.55
feet;
2. thence along the arc of a curve to the left having a radius of 230.00
feet, and a central angle of 53°37'43" for a distance along the curve of
215.28 feet; the chord of said curve bears S 61°42'35" E a distance of 207.51
feet;
3. thence along the arc of a curve to the left having a radius of 2201.07
feet, and a central angle of 03°41'58" for a distance along the curve of
142.12 feet; the chord of said curve bears N 89°37'34" E a distance of 142.09
feet to a point on the easterly right-of-way of Garfield County Road 114;
thence the following two courses along the easterly right-of-way of County
Road 114:
1. along the arc of a non -tangent curve to the left having a radius of 470.00
feet, and a central angle of 47°19'32" for a distance along the curve of
388.21 feet; the chord of said curve bears S 64°06'49" W a distance of 377.27
feet;
2. thence S 40°27'03" W 70.18 feet to the point of beginning.
The right-of-way lines of said right-of-way shall be prolonged or shortened
to
begin and end on and conform to the property boundary lines.
5) A one-tenth (1/10) undivided interest in the "Metro District Director's
Parcel", a parcel of Land within Section 33, Township 6 South, Range 88 West
of the 6th Principal Meridian and being
further described as:
Commencing at the true point of beginning, whence the Center of Section 33,
being a 2 -1/2 -inch aluminum cap, bears N 88°27'45" W a distance of 123.09
feet;
thence N 00°00'00" E a distance of 1398.31 feet;
thence S 90°00'00" E a distance of 942.50 feet;
thence S 00°04'09" E a distance of 680.56 feet;
thence S 34°36'11" E a distance of 919.80 feet to a point on the south line
of the southeast quarter of the northeast quarter of said Section 33;
thence N 88°27'45" W a distance of 333.30 feet along the said south line to
the center east sixteenth corner of said Section 33 being a 2 -1/2 -inch
LEGAL US E # 70128665.3
1111111111111111111111111111111111111111111111111111111
686804 11/21/2005 09:558 81747 P376 M ALSDORF
15 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO
aluminum cap;
thence N 88°27'45" W a distance of 1132.90 feet along the south line of the
southwest quarter of the northeast quarter of said Section 33 to the point of
beginning
COUNTY OF GARFIELD
STATE OF COLORADO
Spring Valley Holding USA, Ltd. parcel:
A PARCEL OF LAND LOCATED IN SECTIONS 14, 15, 22, 23, 26 AND 27, TOWNSHIP 6
SOUTH, RANGE 88 WEST, SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 26 BEING A 2-1/2 INCH
UNITED STATES GENERAL LAND OFFICE (GLO) BRASS CAP FOUND IN PLACE WHENCE THE
NORTHWEST CORNER OF SECTION 20, TOWNSHIP 6 SOUTH, RANGE 88 WEST, SIXTH
PRINCIPAL MERIDIAN BEARS N 55°02'21" W A DISTANCE OF 19,017.18 FEET;
THENCE N 89°14'59" W 598.59 FEET ALONG THE SOUTH LINE OF SAID SECTION 27;
THENCE N 00°45'01" E A DISTANCE OF 425.99 FEET;
THENCE N 08°45'36" W A DISTANCE OF 1546.11 FEET;
THENCE N 25°57'07" W A DISTANCE OF 1863.71 FEET;
THENCE N 57°12'11" W A DISTANCE OF 1507.60 FEET;
THENCE N 33°43'34" W A DISTANCE OF 2585.68 FEET;
THENCE N 67°46'01" E A DISTANCE OF 2056.57 FEET;
THENCE N 49°17'33" E A DISTANCE OF 440.21 FEET;
THENCE N 61°02'11" E A DISTANCE OF 1510.00 FEET;
THENCE N 34°57'59" W A DISTANCE OF 1160.00 FEET;
THENCE S 55°19'58" W A DISTANCE OF 662.28 FEET;
THENCE N 32°36'07" W A DISTANCE OF 720.00 FEET;
THENCE N 52°00'40" E A DISTANCE OF 570.00 FEET;
THENCE N 04°18'14" E A DISTANCE OF 1705.77 FEET;
THENCE N 59°25'06" W A DISTANCE OF 380.00 FEET;
THENCE N 44°04'32" W A DISTANCE OF 720.00 FEET;
THENCE S 60°11'19" W A DISTANCE OF 1740.00 FEET;
THENCE N 00°00'00" E A DISTANCE OF 700.00 FEET TO A POINT ON THE SOUTH LINE
OF THE NW1/4SW1/4 OF SAID SECTION 15;
THENCE N 89°58'25" E A DISTANCE OF 470.00 FEET; ALONG THE SOUTH LINE OF THE
NW1/4SW1/4 OF SAID SECTION 15 TO THE SOUTHEAST CORNER OF THE NW1/4SW1/4;
THENCE N 00°01'49" W A DISTANCE OF 1039.21 FEET; ALONG THE EAST LINE OF THE
NW1/4SW1/4 OF SAID SECTION 15;
THENCE N 89°58'11" E A DISTANCE OF 1158.63 FEET;
THENCE N 00°00'00" E A DISTANCE OF 150.00 FEET;
THENCE S 90°00'00" E A DISTANCE OF 1440.00 FEET;
THENCE S 00°00'00" W A DISTANCE OF 940.00 FEET;
THENCE S 90°00'00" E A DISTANCE OF 1360.33 FEET TO A POINT ON THE EAST LINE
OF SAID SECTION 15;
THENCE S 00°04'13" E A DISTANCE OF 370.03 FEET ALONG THE EAST LINE OF SAID
SECTION 15;
THENCE N 89°58'41" E A DISTANCE OF 1319.22 FEET TO A POINT ON THE EAST LINE
OF THE W1/2SW1/4 OF SAID SECTION 14;
THENCE S 00°01'19" E 980.00 FEET ALONG THE EAST LINE OF THE W1/2SW1/4 OF SAID
LEGAL US_E # 70128665.3
11E11 H111 11111111 11 1111111111111 11111111 111111 1111111
686804 11/21/2005 09:55A B1747 P377 M ALSDORF
16 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO
SECTION 14 TO THE SOUTHEAST CORNER OF THE W1/2SW1/4 OF SAID SECTION 14;
THENCE S 89°59'40" E 1318.39 FEET ALONG THE NORTH LINE OF SAID SECTION 23 TO
THE NORTH QUARTER CORNER OF SAID SECTION 23 BEING A 2-1/2 INCH GLO BRASS CAP
FOUND IN PLACE;
THENCE S 00°05'23" E 5277.46 FEET ALONG THE EAST LINE OF W1/2 OF SAID SECTION
23 TO THE SOUTH QUARTER CORNER OF SAID SECTION 23 BEING A 2-1/2 INCH GLO
BRASS
CAP FOUND IN PLACE;
THENCE S 00°00'49" W 5529.94 FEET ALONG THE EAST LINE OF THE W1/2 OF SAID
SECTION 26 TO THE SOUTH QUARTER CORNER OF SAID SECTION 26 BEING A 2-1/2 INCH
GLO BRASS CAP FOUND IN PLACE;
THENCE S 84°59'30" W 31.37 FEET ALONG THE SOUTH LINE OF SAID SECTION 26 TO
THE NORTH QUARTER CORNER OF SECTION 35, T. 6 S., R. 88 W., 6TH P.M., BEING A
2-1/2 INCH GLO BRASS CAP FOUND IN PLACE;
THENCE S 84°41'15" W 1292.34 FEET ALONG THE SOUTH LINE OF SAID SECTION 26 TO
THE SOUTHEAST CORNER OF GLO LOT 14 OF SAID SECTION 26;
THENCE N 00°21'37" E 372.49 FEET ALONG THE EAST LINE OF SAID LOT 14, TO THE
NORTHEAST CORNER OF SAID LOT 14;
THENCE N 89°53'31" W 1611.72 FEET ALONG THE NORTH LINE OF SAID LOT 14 TO THE
NORTHWEST CORNER OF SAID LOT 14;
THENCE S 00°00'14" W 525.17 FEET ALONG THE WEST LINE OF SAID LOT 14 TO THE
SOUTHWEST CORNER OF SAID SECTION 26, BEING THE POINT OF BEGINNING
COUNTY OF GARFIELD
STATE OF COLORADO
LEGAL_US_E k 70128665.3
M UST EiE TYPED
FILING F -t $25.00
MUST SUBMIT TWO COPIES
Please include a typed
self addressed envelope
Secretary of State
Carpor-attons Section
ARTICLES OF AMENDMENT
TO THE
ARTICLES OF INCORPORATION
For crffice lase only
11- CZDftit�►MMER cop -
t
lYT910?1520 C
$ 40.00
SECRETARY OF STATE
05-13-1999 14:11.24
EXIIIBIT 2
002
Pursuant to the provisions of the Colorado Business Corporation Act, me undersigned corporation adopts the following Articles
of Amendment to its Articles of tneorporatron:
FIRST: Tho nano of the corporation is Aspen Springs Ranch, Inc.
SECOND: The following amendment to the Articles of Incorporation was adopted art t'a Y
1
1 xx
1
11 19 9 9 , as prescrited lay Ina Colorado Business Corporation Act, in tree rnannerntarned w ren an X Delow :
No shares nave been issued or Directors Elected- Action by incorporators
No snares have boon issued but Directors Elected - Action by Directors
Such amendment was adopted by the board of directors w here snores nave bion ,ssuod and snaroholder
action was nut required.
Such arnendment was adopted by a vote of the srtaronofders, The number of shares voters for the arnendrnertt
was sufficient for approval.
THIRD: if changing corporate name, the new name of the corporation Is Spring Valley Development , Inc.
f�UFtIH: Tne manner, if not sot forth in such amendment, in —nrcn any exchange, reclassification, or cancellation of issued
shares provided for in the amendment shall be effected, is as follows: N/A
it Inane anendrnents are to have a delayed effective date, please list that date:
(Not exceed ninety (90) days from trio data al tiling)
Signature J el K Goldman
Title Vice President and Secretary
Revtse1 7/95
From-BROWNS(tir+ iu i rnncL,
DEPARTMENT OF
STATE
CER'i 1.r'ICA 1 E
I, VICTORIA BUCKLEY, SECRETARY OF STATE OF THE STATE OF
COLORADO HEREBY CERTIFY THAT
ACCORDING TO THE RECORDS OF THIS OFFICE
SPRING VALLEY DEVELOPMENT, INC.
(COLORADO CORPORATION)
FILE # 19981152087 WAS FILED IN THIS OFFICE ON August 20, 1998
AND HAS COMPLIED WITH THE APPLICABLE PROVISIONS OF THE
LAWS OF THE STATE OF COLORADO AND ON THIS DATE IS IN GOOD
STANDING AND AUTHORIZED AND COMPETENT TO TRANSACT BUSINESS
OR TO CONDUCT ITS AFFAIRS WITHIN THIS STATE.
Dated: May 13, 1999
SECRETARY OF STATE
:IBIT 3
BOOK 530 10-'ao
,.111N 2 8 1979 1/°
Recorded at + n'oloek J' W JUN 2 8 1919
iteoepEion No 295250' 1drod Aleduri, ReoorAis r-17 k' inT ITI '
WARRANTY DEED
TH1S . DEEb Made this- ,Z8'y day of dune, 1979 between l3PRINt -
-VALLEY RANCH,'LTd., & Colorado Limited Partnership,'of the County of
Garfield and Stats of.Cdiorado, of the first petit, and SPRING VALLEY
,BOLDING. LTD:.:- a Corporation duly organised and,
:eycisting under and,by virtue of,the laws of Hritiah Virgin: lslan.]s '
''bf the eecbnd part, whbae Etch/resit iq bio Daniel P. Edwards,, Cole,
. Seco*, Tolley, Edwards and Keene, P.C., Attorneys at Law,..3 South
Tejon Street,eolorado Springs; Colorado 809031
' WITNESSETH,•. That the said party 'of the . firit phtt;' for and ih "•
'.:
consideiatidn of the auh,•bf Ten Dollare and Other Cod and Valuable':'
Consideration'to'the eaid party 6f the first part in,h&nd paidOy the �'4,`'
said, party of, the;'9econd. party the ncceipt Whereof Is hereby, denfesadds.
- and acknoVledged, 'had granted,' bargained,; sold and. iienveyed, and
theee .presents does, grant, bargain; de1i, convey and confirm unto the.%
eaid party of -the second part, its successors end dseign. r, ofevbr i &1t :t
the followig described' real ptoperty situate i ,110ing tltid ,being: ,iii" 81414
•
County of Garfield and' State of -Colorado, t : td=Wit. ,, { V1(a { "�:�� R'
Township 6 South; :Range 88 West, 6th 1'.M ''( ''x.'I,'rtA` t';''40:.
_�; • ;V , i
dry
Sectiod' 15: -HMIs tirriw ¢rK^'p���� rf j f.r,r
Section 16: All r �•, s ( ,�_.• b
Section 20: Lot 1, Lot 2, Nis, 'N1 SWki and Slit ` !r 1'
Section 21i All ;. {� '1', �.r.+") , ; �l'
Section 22: _. Lot 1, W1 NWit, and NWkSW `'� r(h ,,' f t ,,
Section 28: Lots 1, 2, 4, 5, '10 and 15,' ' nd E1g ,- �.-: ( �`� . ;:
Section 29: Lots 1, 2, 3, 8, 9, ,10, 13, 14,'15i lay 20,:, :1i�, .i.,:,22 23,,26, :..30, 31, 33,,34, and 31 a ` °i
Section 32: Lots 2 and 9, and H1i NE •:•tr T -..,-4 4,4,e.!4,, , : Gam.
Together with all of said party of the first part a interest iOand tb' J l',W
all water and water tights, ditched and ditch rightri, fesetvoire and''a ;lc,
�'. re's(
reservoir rights, springs and seepa appurtenant to or used tipdh, or, i:! '(.;(:,z., . .
connection with all of the above deboribed lands, inc.tuditig,but,hot b�►•�'i''.:•'ll
way of limitation, the following:• .:'-' '-,.1;;+. i:{,�' ).,oti.... •f.'' '(,,
•
Landis Creek Date of Appropriation , Amounts! .bf tfatiif .f'er ,dectmd :r''r
Landis Ditch No. 1 6-1-E2 (: '-• ,4.d Cubit.1'88ty, ). ''
Landis Ditch No. 2 6-1-82 0.0 Cubio,Feet'
O.K. Ditch 5-15-84 ' eat;'.(4.6 Cubic Feet
Frank Chapman bitch 6-1-82 ' ( .1.0,Cubid Feet ` -6.,
Hopkins Ditch:.. .12-31-46' s , 5.0 ;c8tibic ,feed 13.00 C: f .iaY - +'..,
,y(,, a bsblute;.2.00;ortid. con
ditiona1) :., . ,..' .
Hopkins Reservoir! .: • .Dr.teof Appropriation `"'.Amouht -of. tfstei ,
'.''5.18-09 - 5,208,305 Cubic Feet°' ; ,.•r
A one-half
'interest
EXHIBIT 3
5
liopkina Spring NO. l:
Hopkins Spring Noi.2
B -R Hopking
Springsl
Mmx 530 OIME573
Amount of.Watet Per Second'
6-30-1900 0.0614 Cubic Feet
643-1900 0.0924 Cubit Ireet
•.• • •
(A onetenth (1/10th) 1930. ,0'1;11:61ble:*e
Interest)
Spring Valley Well No. 1.
6 - ..
(Conditional Decree) 12-7 1 0 67 Chb5d4eilIC'
•
Spring Valley Ranch Well No ,
(partly Conditional Decree) 12-31A41- 6.033 ieet
•
Spring Valley'RenCh Well No. 3 • : • - •• • A.7 • .1
•• , .04
(Conditional) 11-17-77 - 0.088 611/31d trAnt
•
„ .
And including also,:a1/ water'righte for Which 'applieaEiOn has been....,1
made by said party of the first part, and which are appUrtenanti,to the;
lands conveyed, provided said party Of the first part shall have ht
obligation to prosecute such applicationS and makes no repretentatioffis
or warranties concerning the ultimate granting of decrees in connootio,;„,..6.
therewith. -
••.• • , , 1 4,
. .
EXCEPTING prior conveyences'OE portions df thd:hbove'dedetibad'ieal-..7!,
property as described in deeds recdrded as bocument No$1:130650,
250139, 239150,-.239151, 239218, 239219, 2308801' 2696211459525)23052,-
286912, 293788, 293966 and 294782 'q'Ot't-h41:,teetlirewahtthe'iciftiel6 6f"0/.1(171;14;
the Clerk and Recorder of Garfield CountYi•Colorddo.- '
ir
EXCEPTING Also, a 30 -foot right-of-way
recorded as -Document No: 274946 of the iecoidt:Of
County, Colorado. Garfieldt
•
TOGETHER with all and singular the hereditaisents ihdlippUrniduid5q1fr4
thereunto belonging,. or in anywise appertaining, and the ra4etsiiintnet.
reversions, remainder and remainders, rehte,
•
and all the 'eatate, right, title; intdratt, b1ith and,a4Sland
• • ' ;„v1.:t;
Of the said party of the first part, either in lenti5e*IiiitY4.. at, 1.h
and to the above bargained premises, with-thei:figkiditaMeAt nd
tenances.
•
' • ; • • • •• • • t • r
.; ' ' • • ' ' Wt,
. TO HAVE AND TO HOLD the 'said preMigal'hbove'htiiltifiad7and,:datiatInid-r4k0-
,. ,,• ;.
• • • ,
•
with the appurtenances unto. the said party'df&theAlloOnd Isakt;)itS..1,4
•
successors and -assigns, forever& . And the aids
Ltd., party of the firstpati for itself, 1t cceaaots and Artighti
docs e covenant, grant; bargain and agree to and.Withthe;edid-pattY,'Of
z, -
the second part, its successors and assigns, that at the iinn f ' 2
eneealing and delivery of thee presents it ie well seiied'Of thi
premises conveyed, as of good, sure, perfect, absolute and indefeasible
estate of inheritance, in law, in fee simple, and has good right, fuli. .
Som( 5;30 Ptrt574
power and lawful authority to grant, bargain, sell and convey the same
in manner and form aforesaid, and that the same are free and clear
from all former and other grana, bargains, sates, liens, taxer,
assessments and encumbrance* of whatever kind or nature boerer, except '.
taxes for 1979, due in 19801 except reservations and exceptions Con-
tained in United States Patent for said propertyt except existing
easements and rights-of-way of record and visible and apparent ease-
.:ments for electric power end telephone lineal and except toning,
building Code,. subdivision and similar governmental regulation*
regulating land use, and the above bargained premises in the quiet and
peaceable poe3esaion of the'baid party of the second part] its aucces=
sots and assign* against all. and every person or personi laWfull¢
claiming or to claim the whole'or any part thereof, the sai' party, Of
the first part shall and will Warrant and forever defend., PROVIDED
HOWEVER, that none of..the aboi*re and foregdinj general warranties
general bovenants of warranty are Madeer given with respeat,to,thl
water, ditch and re*ercir iighte her'eihabove
0'1*,
party of the first part :does' With 1retipedt tt3 tlti h• Vatett; dit&N a(l1il�{{' ,• _'-
reservoir rights, hereby•covenant, grantt bargain and egret to'aiitt'''
with the said part of the Second
party part, its succedsoi±b 'Wild `a*iigii0•r
•the said water, ditch and reservoir rights in 'the quiet and paabedble.
•
possession of said partyof the second C'.
part, its bireci!*!tft:b ;and 'ndiitltlil,
against all and every person or persona lawfully claiming)6r,t6.611kiIfl ;
the whole or any part thereof, by, through or rider the Oaid..party;t7f+:t,„
the first part to warrant and forever defend. '' � z>r,` '� ,►
IN WITNESS WHEREOF, The said
.
part! of the tirbb art ha6 baud j')i;
its name to be hereunto subseri,ed by its Ueneral Pertniiiii the dWand;j if
year first above written.
9PAING' VALLEY RANCH,' LTD,' .'..t
a Colorado Limited Partnerihi
Hgs
- eeneerrai Partner.
-3-
General P rtner, '•
•-"—imittagftea;•=war.inmk..nann...w
STATE OF COLORADO • )
: ) SS.
•
COUNTY OF GARFIELD )
. .
BolF. 530 racE575
• - The foregoing instrunknit Was acknowledged before me thii ,le -/k/
day of itaial 1979,; by Harold F. Beattie and Ly. 1eW: Bea.t:.10.60.;.vtisIGelln:ret1„,...... , •
Partners 'of Spring Valley Ranch, Ltd., a Colorado •Litnited Partnership.: :.
Witness my hand and official seal;
My coma:lesion expires: 0fiittlit•2bt, 7,1917ii ' ''''C'' .' /44,1**.re:::."'• '''i: ''' ;•• =
•
••
••:' = .'.
.= ..:. ; ....
: .
• Al Pa/ 7W
• . :;'... 14 I. t 1 g \ 1' - ' . -:! . •
7 .,;* e/........ -C!..: :.!:;:;:::...%.‘.!.::::;;
•
- . 1114 ..,4 Is' II° ? iii'ae ' .• .' '
Notary • .
:Ns,: 17 i 15 * re ' '''' ' • .-• ' • 'ri
•: • • ..,. i• .........i,.. ; : • -i. ,4 -,.tl,. A ".
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11th1e1T A
Attaei.ed to and ?broths a Part of Warranty Dead "lilted Oett+abet 31. 1486
Ferrero Spring ♦alley. Bolding, Ltd, es Orantes at.d Spring Valley Holding
USA, Ltd. as Grantee
Tbwn.hip 6 South, Ranee 88 Weak., F,th P.M.
Section 141
Section 15:
Section 161
Re:tion 20:
Section 211.
Ser.tion 22
Rection 23!
Section 26:
Section 21:
Section 28:
Section 29:
Section 32:
Section 33:
Section 34:
'Wart, swim*
RN#, 9}R1il, RW1t911t, 818E#, ittiSW#, Lois 1, 2, 3 and 4
All •
Lot 1, Lot 2, 1v}, 818i0, and 8E#
Alt
kE#, Wisr#, tinwi, ltti#sti}t Ldt. 1, 2, 3 arid
4
WI, Lotti 1, 2, 3 and 4
F1NWi, Loty 1', 2, 5, 6, 1, !Land 13
Alt of Section 27
Lots 1, 2, 3, 4, 5, S, 7, 8, 9, 10, 11, 12, t3, 14 and 15;
E}
Lots 1, 2, 3, 8, 9, 10, 11, 12, 13, 14, 15, 11, 20, 21,
22, 23, 24, 25, 26, 30 31, 32, 33, 34, and 35
Lots 1, 2, 3, rnd 4; WINE#
NE#; Lots 1, 2, 3, 4, 5 and 6
i.'i11W#
EXCEPTING T1IEREFP.OM the parcels descllbed in documents recorded i4 the
Garfield County raeorde se follows:
Deception No.
230659
250138
239150
239151
239218
239219
23b860
259524
259525
259529
286912
293788
293966
109223
109224
277981
281051
281052
281588
281622
. 282773
289615
Book Page
361 428
420 • 113
386 329 •
388 331
388 426
318 421
381 400
448 216
448 217
448 284
512 634
527 574
327 95' .
159 124
159 225 .
495 . 596
501 393 •
501 395
502 • 181
:02 461
504.• 751 -
518 283
0'1
AND/CEPTING. ufti:RO1i the. following described peaci1!
k parcel of landyteg •IvutKIPiy �f' rirldlltttdrry-mirlfretiuiity Rtiid'tf3;... _ .•.•,r '"'"
115, and northerly of a fence e. constructed and in pleee, situate' In Lot
:1, Section 20 and Late 3 and 8 of Section 29, all in Township 6 South,
Rance 88 West of the.Sixth Principe' Mlridian, more particularly desertbed
as follows:
ri°eicning at a stone corner properly marked as the Quartet Corner between
Sections 20 and 29 of said Township and Range; thence N. 66'35'21" W.
1078.65 Eeet to a point on thu *ow:herly' right-of-nsy line of said County
Road, the True Point of Beginning;"thence alone paid southerly
right-of-way line S. 72'34'00" E. 250.66 feet; thence leaving said
southerly right-of-way line 8. 21'19'37" E. 1010.94 feet to a point in a
fence' thence a'.onc -aid fent:e N. 57'39'58" W. 57.39 feet; thence 1'.
50'53'25" W. 497.50 •feet; thence leaving said fence R. 14'21'19" W. 694.24
Fret to the. True Point of Beginning.
h
;I
ij
4.•
ILY if I
I. 'et 1.74::41.• t
v,
1!. • 1' •
�b ti
Meek(/F.A.W..sioterk.f.
MIN') VAL111 ItOLDPIG, LTD.,. a tritioh Virgin Intend
Compahl authorieed to do busineme in the StaLs of
Colorado
. voltorfswimentittokritorltitermiltotilvdditiormlborstntiVanmt911110
thebentriOntesiactagentiit
whore address la Isoon Cutsti Rt 115, Clenmood Spring.,
1601
CO,:1 bosaty of Ceti ield , And State of
-Coloradr,
vi‘lunhle conalderation
' In hand N.M. hereby ,ell(a) and conmty(e) to
-
cl it, 4
.•0!
• :" 1.17"
. !•!.‘ • '14
'estate.
• . •
p:0 79R ppli2
pAlti10.0
ta telat3;100"
$
••••••••1641111.1.•••••
,fortheconelek!rationd fen Dollars and other good end xxxx*Intlisik
o
H !
6 with nil Its appdrtennnces, and warrant(s) the title to the same, suuJect to mineral rights
fore reseriped, all easements and rights-of-way of public record, and taster
! the year 1986 which. the grantee herein assume and agrees to pay.
Slimed thio thI 1t day of Dacember , 19 86
•••••••••••••••• ast•
Silt -LNG VAUFT noLINNO !ISA, LT3.., Aritiat. Virgin Ialand
Company Authorised to do huainroa in the nate of Colors.lo,
• whose legal addrme la
Garfield
4000 County !toed 113, Glenwood Springs, (4,0 81601 . Catler of
. and Mato of. Colorado thefollowing real pr3pertY In the
• County of Garfield - end State of Colorado, to *ft!
See Exhibit A attached heretb. and made a part hereof.
also known AA street and number 4000 County Road 115, Glenwood Springs , C,oiorade
I
11
*11
SPRUIC VALET HOLDING., LTD.
DTI
*antatoc 1 ta Attorney -in -Fact
STATE OF COLORADO,
IS&
County ....
•
herttol
f or
The foregoing' Instrument was ikknowledired befera me this 31at mg, of Decembto-'<
1.
Valley Holdlnft. Ltd.
t"t.w1`1! 19-flgVerr"9tet Avri'reteillitter-itterffrpitaTIAV-let- Op ring oratrarrmetanarprim4,
.............
•,1.13
, ov ........
it sf,\,..• • •
I. • • •.Nt'
tC,
•.
I • •
mencxxxxxxxxxxaggRimgiefff
VI.97,111891trflif
My tornmiselan ettplres
Witness m hind mid offlatl veal,
. \ HatarrPat,lit.
Land and Mineral Owners within 200 feet of Subject Properties
Land Owner
ANDERSEN, SETH J & HELEN B
ANDERSON, JOHN H JR & SANDRA K
AUSTIN, JAMES H
BACON, ROBERT & MICHELE T
BANKHEAD, JEFF B & HIATT, JENNIFER N
BERKELEY FAMILY LIMITED PARTNERSHIP
BERKELEY FAMILY, LLLP
BRYAN, SAMUEL W & BEVERLY
BUREAU OF LAND MANAGEMENT
CARDENAS, CARLOS DAVID
CLARIDGE, MARVIN L & ESTHER R
CLEAVER, JAMES P III & KELLY JONAS
COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT
COMBS, KEVIN &
CORSON, MICHAEL DAVID
COX FAMILY IRREVOCABLE TRUST
COX, CALVIN HERBERT & MARILYN
FARNUM, GRANVILLE W REVOCABLE TRUST
& FARNUM, GLENDA L. REVOCABLE TRUST
FENNELL, LAWRENCE W & MIRIAM M
FINLEY, STEVE MICHAEL & HEATHER RENEE
FREDERICK, STEPHEN C & SCOTT R & LYDIA G
HELMICH, LINDA L & DONALD B
J & S NIESLANIK LLLP
JG REAL PROPERTY LLC
KELLER, DEBRA ANN & JOHN P
KOR, JOY TRUST & MEYERS, PAUL TRUST
LAGIGLIA, LOUIS M & DONNALYNE
LANGE, REBECCA L & TROY A
MILNER, KEVIN L
NECHADEIM PROPERTIES LLC
OWEN, JENNIFER
PATILLO, JOHN & ALLISON N
PECKHAM, ROBERT G & TERESA L
PECKHAM, ROBERT RAYMOND & RICHARD ALAN
PROHL COOPER, PRISCILLA D
ROSSI, PAULETTE IRREVOCABLE TRUST
Mailing Address
3722 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601
1332 COUNTY ROAD 119 GLENWOOD SPRINGS CO 81601-9313
3726 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601-9018
115 INLET HARBOR ROAD PONCE INLET FL 32127
4346 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601
1302 WAUGH DRIVE #684 HOUSTON TX 77019
1302 WAUGH DRIVE #684 HOUSTON TX 77019
PO BOX 327 GLENWOOD SPRINGS CO 81602-0327
2300 RIVER FRONTAGE ROAD SILT CO 81652
5910 W WASHINGTON BLVD MILWAUKEE WI 53208
4354 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601-9020
3724 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601
802 GRAND AVE GLENWOOD SPRINGS CO 81601
907 TOPLER RIDGE COURT GRAND JUNCTION CO 81505
375 S MARSH LANE GLENWOOD SPRINGS CO 81601
862 EAST 15TH CIRCLE LA CENTER WA 98629
3154 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601-9018
PO BOX 954 GLENWOOD SPRINGS CO 81602-0954
1502 LINDSEY TERRACE LANE SPRING TX 77386
61776 DARLA PLACE BEND OR 97702
3720 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601
4006 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601
3118 S GRAND AVENUE GLENWOOD SPRINGS CO 81601
4325 PAPA JOE HENDRICK BLVD CHAROLOTTE NC 28262
5000 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601-9024
3537 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601
4002 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601-9020
4348 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601-9020
PO BOX 302 GLENWOOD SPRINGS CO 81602-0302
680 FIFITH AVENUE 7TH FLOOR NEW YORK NY 10019
5050 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601
220 WEST MAIN 210 ASPEN CO 81611
3001 SOPRIS AVENUE GLENWOOD SPRINGS CO 81601-4438
6409 JORDAN DRIVE LOVELAND CO 80537
4350 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601
4431 THOMPSON PKWY JOHNSTOWN CO 80534
Physical Address
3722 115 COUNTY RD GLENWOOD SPRINGS
1332 119 COUNTY RD GLENWOOD SPRINGS
3726 115 COUNTY RD GLENWOOD SPRINGS
GLENWOOD SPRINGS
4346 115 COUNTY RD GLENWOOD SPRINGS
3961 114 COUNTY RD GLENWOOD SPRINGS
4401 114 COUNTY RD GLENWOOD SPRINGS
GLENWOOD SPRINGS
GLENWOOD SPRINGS
GLENWOOD SPRINGS
4354 115 COUNTY RD GLENWOOD SPRINGS
3724 115 COUNTY RD GLENWOOD SPRINGS
GLENWOOD SPRINGS
GLENWOOD SPRINGS
4890 115 COUNTY RD GLENWOOD SPRINGS
GLENWOOD SPRINGS
3154 115 COUNTY RD GLENWOOD SPRINGS
115 COUNTY RD GLENWOOD SPRINGS
630 FOSTER RIDGE RD
3540 115 COUNTY RD
3720 115 COUNTY RD
4006 115 COUNTY RD
7203 115 COUNTY RD
GLENWOOD SPRINGS
5000 115 COUNTY RD
3537 115 COUNTY RD
4002 115 COUNTY RD
4348 115 COUNTY RD
2878 HOMESTEAD RD
GLENWOOD SPRINGS
5050 115 COUNTY RD
584 FOSTER RIDGE RD
CARBONDALE
CARBONDALE
4350 115 COUNTY RD
GLENWOOD SPRINGS
GLENWOOD SPRINGS
GLENWOOD SPRINGS
GLENWOOD SPRINGS
GLENWOOD SPRINGS
GLENWOOD SPRINGS
GLENWOOD SPRINGS
GLENWOOD SPRINGS
GLENWOOD SPRINGS
GLENWOOD SPRINGS
GLENWOOD SPRINGS
GLENWOOD SPRINGS
GLENWOOD SPRINGS
GLENWOOD SPRINGS
Land Owner
RUDD, WAYNE
SAMUELSON, RAUN E & GAYLE L
SCHAEFFER, ANTHONY JOSEPH REVOCABLE TRUST
SHANNON, KRISTIN KNIGHT
SLOSS FAMILY TRUST
SPRING VALLEY HOLDINGS LLC
SULLIVAN, MICHAEL J & CHRISTINE K
THIRD SERIES OF CKO ENTERPRISES LLC
US FOREST SERVICE
VELTUS, LOIS A
WILL, GREGORY THOMAS & PINE, SUMMER B
WROBLEWSKI, STANISLAW
Mineral Owner
BUREAU OF LAND MANAGEMENT
SPRING VALLEY HOLDINGS LLC
Mailing Address
0132 PARK AVENUE BASALT CO 81621
PO BOX 297 GLENWOOD SPRINGS CO 81602-0297
650 DALEWOOD LANE HINSDALE IL 60521
104 PARKLEAF CIRCLE CARY NC 27519
192 FAST LANE SANTA CRUZ CA 95062
PO BOX 1146 GLENWOOD SPRINGS CO 81602
3780 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601-9018
2084 ROCKBURN ST HENDERSON NV 89074
PO BOX 948 GLENWOOD SPRINGS CO 81602-0948
6651 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601
4744 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601
4351 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601
2300 RIVER FRONTAGE ROAD SILT CO 81652
PO BOX 1146 GLENWOOD SPRINGS CO 81602
Physical Address
LANDIS CREEK CARBONDALE
6491 115 COUNTY RD GLENWOOD SPRINGS
4338 HOMESTEAD RD GLENWOOD SPRINGS
6000 115 COUNTY RD GLENWOOD SPRINGS
GLENWOOD SPRINGS
GLENWOOD SPRINGS
3780 115 COUNTY RD GLENWOOD SPRINGS
CARBONDALE
GLENWOOD SPRINGS
6651 115 COUNTY RD GLENWOOD SPRINGS
4744 115 COUNTY RD GLENWOOD SPRINGS
4351 115 COUNTY RD GLENWOOD SPRINGS
GLENWOOD SPRINGS
GLENWOOD SPRINGS
Landowners within 200 feet of Subject Properties
Owner
ANDERSEN, SETH J & HELEN B
ANDERSON, JOHN H JR & SANDRA K
AUSTIN, JAMES H
BACON, ROBERT & MICHELE T
BANKHEAD, JEFF B & HIATT, JENNIFER N
BERKELEY FAMILY LIMITED PARTNERSHIP
BERKELEY FAMILY, LLLP
BRYAN, SAMUEL W & BEVERLY
BUREAU OF LAND MANAGEMENT
CARDENAS, CARLOS DAVID
CLARIDGE, MARVIN L & ESTHER R
CLEAVER, JAMES P III & KELLY JONAS
COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT
COMBS, KEVIN &
CORSON, MICHAEL DAVID
COX FAMILY IRREVOCABLE TRUST
COX, CALVIN HERBERT & MARILYN
FARNUM, GRANVILLE W REVOCABLE TRUST
& FARNUM, GLENDA L. REVOCABLE TRUST
FENNELL, LAWRENCE W & MIRIAM M
FINLEY, STEVE MICHAEL & HEATHER RENEE
FREDERICK, STEPHEN C & SCOTT R & LYDIA G
HELMICH, LINDA L & DONALD B
J & S NIESLANIK LLLP
JG REAL PROPERTY LLC
KELLER, DEBRA ANN & JOHN P
KOR, JOY TRUST & MEYERS, PAUL TRUST
LAGIGLIA, LOUIS M & DONNALYNE
LANGE, REBECCA L & TROY A
MILNER, KEVIN L
NECHADEIM PROPERTIES LLC
OWEN, JENNIFER
PATILLO, JOHN & ALLISON N
PECKHAM, ROBERT G & TERESA L
PECKHAM, ROBERT RAYMOND & RICHARD ALAN
PROHL COOPER, PRISCILLA D
ROSSI, PAULETTE IRREVOCABLE TRUST
Mailing Address
3722 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601
1332 COUNTY ROAD 119 GLENWOOD SPRINGS CO 81601-9313
3726 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601-9018
115 INLET HARBOR ROAD PONCE INLET FL 32127
4346 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601
1302 WAUGH DRIVE #684 HOUSTON TX 77019
1302 WAUGH DRIVE #684 HOUSTON TX 77019
PO BOX 327 GLENWOOD SPRINGS CO 81602-0327
2300 RIVER FRONTAGE ROAD SILT CO 81652
5910 W WASHINGTON BLVD MILWAUKEE WI 53208
4354 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601-9020
3724 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601
802 GRAND AVE GLENWOOD SPRINGS CO 81601
907 TOPLER RIDGE COURT GRAND JUNCTION CO 81505
375 S MARSH LANE GLENWOOD SPRINGS CO 81601
862 EAST 15TH CIRCLE LA CENTER WA 98629
3154 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601-9018
PO BOX 954 GLENWOOD SPRINGS CO 81602-0954
1502 LINDSEY TERRACE LANE SPRING TX 77386
61776 DARLA PLACE BEND OR 97702
3720 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601
4006 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601
3118 S GRAND AVENUE GLENWOOD SPRINGS CO 81601
4325 PAPA JOE HENDRICK BLVD CHAROLOTTE NC 28262
5000 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601-9024
3537 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601
4002 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601-9020
4348 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601-9020
PO BOX 302 GLENWOOD SPRINGS CO 81602-0302
680 FIFITH AVENUE 7TH FLOOR NEW YORK NY 10019
5050 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601
220 WEST MAIN 210 ASPEN CO 81611
3001 SOPRIS AVENUE GLENWOOD SPRINGS CO 81601-4438
6409 JORDAN DRIVE LOVELAND CO 80537
4350 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601
4431 THOMPSON PKWY JOHNSTOWN CO 80534
Physical Address
3722 115 COUNTY RD GLENWOOD SPRINGS
1332 119 COUNTY RD GLENWOOD SPRINGS
3726 115 COUNTY RD GLENWOOD SPRINGS
GLENWOOD SPRINGS
4346 115 COUNTY RD GLENWOOD SPRINGS
3961 114 COUNTY RD GLENWOOD SPRINGS
4401 114 COUNTY RD GLENWOOD SPRINGS
GLENWOOD SPRINGS
GLENWOOD SPRINGS
GLENWOOD SPRINGS
4354 115 COUNTY RD GLENWOOD SPRINGS
3724 115 COUNTY RD GLENWOOD SPRINGS
GLENWOOD SPRINGS
GLENWOOD SPRINGS
4890 115 COUNTY RD GLENWOOD SPRINGS
GLENWOOD SPRINGS
3154 115 COUNTY RD GLENWOOD SPRINGS
115 COUNTY RD GLENWOOD SPRINGS
630 FOSTER RIDGE RD GLENWOOD SPRINGS
3540 115 COUNTY RD GLENWOOD SPRINGS
3720 115 COUNTY RD GLENWOOD SPRINGS
4006 115 COUNTY RD GLENWOOD SPRINGS
7203 115 COUNTY RD GLENWOOD SPRINGS
GLENWOOD SPRINGS
5000 115 COUNTY RD GLENWOOD SPRINGS
3537 115 COUNTY RD GLENWOOD SPRINGS
4002 115 COUNTY RD GLENWOOD SPRINGS
4348 115 COUNTY RD GLENWOOD SPRINGS
2878 HOMESTEAD RD GLENWOOD SPRINGS
GLENWOOD SPRINGS
5050 115 COUNTY RD GLENWOOD SPRINGS
584 FOSTER RIDGE RD GLENWOOD SPRINGS
CARBONDALE
CARBONDALE
4350 115 COUNTY RD GLENWOOD SPRINGS
GLENWOOD SPRINGS
Owner
RUDD, WAYNE
SAMUELSON, RAUN E & GAYLE L
SCHAEFFER, ANTHONY JOSEPH REVOCABLE TRUST
SHANNON, KRISTIN KNIGHT
SLOSS FAMILY TRUST
SPRING VALLEY HOLDINGS LLC
SULLIVAN, MICHAEL J & CHRISTINE K
THIRD SERIES OF CKO ENTERPRISES LLC
US FOREST SERVICE
VELTUS, LOIS A
WILL, GREGORY THOMAS & PINE, SUMMER B
WROBLEWSKI, STANISLAW
Mailing Address
0132 PARK AVENUE BASALT CO 81621
PO BOX 297 GLENWOOD SPRINGS CO 81602-0297
650 DALEWOOD LANE HINSDALE IL 60521
104 PARKLEAF CIRCLE CARY NC 27519
192 FAST LANE SANTA CRUZ CA 95062
PO BOX 1146 GLENWOOD SPRINGS CO 81602
3780 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601-9018
2084 ROCKBURN ST HENDERSON NV 89074
PO BOX 948 GLENWOOD SPRINGS CO 81602-0948
6651 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601
4744 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601
4351 COUNTY ROAD 115 GLENWOOD SPRINGS CO 81601
Physical Address
LANDIS CREEK CARBONDALE
6491 115 COUNTY RD GLENWOOD SPRINGS
4338 HOMESTEAD RD GLENWOOD SPRINGS
6000 115 COUNTY RD GLENWOOD SPRINGS
GLENWOOD SPRINGS
GLENWOOD SPRINGS
3780 115 COUNTY RD GLENWOOD SPRINGS
CARBONDALE
GLENWOOD SPRINGS
6651 115 COUNTY RD GLENWOOD SPRINGS
4744 115 COUNTY RD GLENWOOD SPRINGS
4351 115 COUNTY RD GLENWOOD SPRINGS
FC Garfield County
PAYMENT AGREEMENT FORM
GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Spring Valley Holdings, LL6
agree as follows:
1. The Applicant has submitted to the County an application for the following Project:
Spring Valley Ranch PUD Amendment and Amended Development Agreereg.
2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as
amended, establishes a fee schedule for each type application, and the guidelines for the
administration of the fee structure.
3. The Applicant and the 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. The Applicant agrees to make payment of the Base
Fee, established for the Project, and to thereafter permit additional costs to be billed to the
Applicant. The 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, the Applicant shall pay
additional billings to the County to reimburse the County for the processing of the Project.
The Applicant acknowledges that all billing shall be paid prior to the final consideration by
the County of any Land Use Change or Division of Land.
I hereby agree to pay all fees related to this application:
Billing Contact Person: Stephanie Zimmerman Phone: ( 248 ) 351-4876
Billing contact address: One Towne Square, Ste. 1913
City: Southfield State: MI Zip Code: 48076
Billing Contact Email: szimmerman@seligmangroup.com
Printed Name of Person Authorized to Sign: Stephanie Zimmerman
gnature) (Date)
White River National Forest
Spring Valley
Ranch
LEGEND
EXHIBIT D
PHASING MAP
SPRING VALLEY RANCH P.U.D.
GAMBA
St ASSOCIATES
PHASE 1
PHASE 2
PHASE 3
PHASE 4
PHASE 5
PHASE 6
PHASE 7
PHASE 8
PHASE 9
PHASE 10
MOUNTAIN PHASE 1
MOUNTAIN PHASE 2
MOUNTAIN PHASE 3
MOUNTAIN PHASE 4
MOUNTAIN PHASE 5
MOUNTAIN PHASE 6
MOUNTAIN PHASE 7
MOUNTAIN PHASE 8
MOUNTAIN PHASE 9
MOUNTAIN PHASE 10
MOUNTAIN PHASE 11
ROAD CONSTRUCTION PHASING
600
LAND PLANNER
HART
HOWERTON
PLANNERS ARCHI'1•ECTS
LANDSCAPE ARCHITECTS
I IART!I IOWERTON, PLANNING, ARCHITECTURE AND
LANDSCAPE ARCHITECTURE, PC.
311 Main Strcct, PG Box 483, Park City; UT 84060
Tei: 435 655 8120 Fax: 435 655 8124
L mail: PC @IIarthowertun.wrn
CIVIL ENGINEERING:
GAMBA & ASSOCIATES, INC.
CONSULTING ENGINEERS & LAND SURVEYORS
970/945-2550 WWW.GAMBAENGINEERING.COM
113 NINTH ST., STE. 214 P.O. BOX 1458 GLENWOOD SPRINGS, CO 81602
DATE: October 28, 2011
0
600
1200
1800
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Spring Valley Ranch
Planned Unit Development Guidelines
June 8, 2010
SPRING VALLEY RANCH PUD ZONE DISTRICTS
I. Zone District Regulating Authority
The provisions of these regulations shall prevail and govern the development of the Spring
Valley Ranch PUD; provided, however, that where the provisions of the Spring Valley
Ranch PUD Zone Regulations herein do not clearly address a specific subject, the
ordinances, resolutions, or regulations of Garfield County shall prevail. Definitions
established herein shall take precedence over the definitions established by the Zoning
Regulations of Garfield County, whenever those regulations are applicable to the Spring
Valley Ranch PUD.
II. Zone Districts
To carry out the purposes and provisions of the Garfield County Zoning Resolution of
1978, Garfield County, Colorado, as amended, the Spring Valley Ranch PUD Zone
District is further divided into the following zone district classifications:
• R/P
• R/M
• R/R
• R/E
• R/C
■ R/CH
• V/C
• L/I
• OS/R
• OS/A/E
• OS/P
• OS/G
■ U
Residential/Pasture District
Residential/Mountain District
Residential/Ranch District
Residential/Estate District
Residential/Cabin District
Residential/Community Housing District
Village/Commercial District
Light Industrial District
Open Space/Recreational District
Open Space/Agriculture District
Open Space/Pasture District
Open Space/Golf District
Utilities District
Page 1 of 30
III. R/P — Residential / Pasture District
1. Uses By Right:
A. Single family residential and accessory uses. The primary single family residence
may include habitable detached rooms or buildings associated with the residence.
Any such detached rooms or buildings shall not include a kitchen. Accessory uses
and buildings, such as garages, storage buildings, art studios, offices and
workshops, shall relate to the primary single family residence.
B. Agricultural Structures: Buildings may include any facilities necessary for
agricultural and/or ranching operations, including horse keeping and training
facilities, barns, hay and feed, tack, equipment and other storage buildings,
livestock pens and workshops.
Residential uses shall not be allowed on the parcel designated on the final plat as
"RP Parcel A."
C. All uses allowed in the Open Space/Pasture (OS/P) District.
D. All uses allowed in Utilities (U), Open Space/Golf (OS/G) and Open
Space/Recreational (OS/R) Districts.
E. Pasture land and fencing.
F. All agricultural uses, including the raising of livestock, growing of produce and
haying operations.
2. Uses, Conditional: NONE
3. Uses, Special: NONE
4. Minimum setbacks: 50 foot front yard
50 foot rear yard
25 foot side yard
5. Maximum lot coverage: Lot coverage by buildings and structures exclusive of
uncovered pool areas, patios, decks, driveways and utilities shall not exceed 35,000
square -feet.
6. Maximum building envelope: Unlimited except for geotechnical hazards,
environmental and wetlands constraints, slopes exceeding 30%, setback requirements
and utility and trail easements.
Page 2 of 30
7. Maximum floor area:
A. Primary Single Family Residence: Maximum finished floor area exclusive of
attached or detached garage shall not exceed 20,000 square -feet.
B. Accessory buildings: Maximum total finished floor area of all accessory
buildings, including attached and detached garages, but excluding agricultural
buildings, shall not exceed 20,000 square -feet.
8. Maximum residential and accessory structure building height: 25 feet.
9. Off-street parking: One space per bedroom, with a minimum of two enclosed parking
spaces and a maximum of six exterior/uncovered spaces.
10. Fireplaces: No open hearth, solid fuel fireplaces are allowed. One solid fuel burning
stove, as defined in CRS Sec. 25-7-401 et seq. and regulations promulgated there
under, is allowed in each dwelling unit. All dwelling units are allowed an unrestricted
number of gas burning fireplaces.
Page 3 of 30
IV. R/M — Residential / Mountain District
1. Uses By Right:
A. Single family residential and accessory uses. The primary single family residence
may include habitable detached rooms or buildings associated with the residence.
Any such detached rooms or buildings shall not include a kitchen. Accessory uses
and buildings shall relate to the primary single family residence, including horse
keeping and training facilities; non -industrial storage buildings for personal
property, hay and feed, tack and equipment; and workshops, art studios or other
similar uses.
Residential uses shall not be allowed on the parcels designated on the final plat as
"RM Parcel A" and "RM Parcel B."
B. All uses allowed in Utilities District (U) and the Open Space/Recreational District
(OS/R)
C. Pasture land and fencing.
D. Private and community trails.
E. In lieu of the uses provided above, one lot within the Residential/Mountain District
may be developed as a recreational "Outpost" for use by residents and guests of the
Spring Valley Ranch PUD. The Outpost may include overnight accommodations;
men's and women's toilet/shower areas; dining/BBQ area; and recreation uses
including horse keeping, hiking, mountain biking, fishing, hunting, snowmobiling,
cross -county and back -country skiing, and other comparable outdoor recreation;
and uses and structures ancillary to the above.
This allowed use shall not apply to the parcels designated on the final plat as "RM
Parcel A" and "RM Parcel B."
2. Uses, Conditional: NONE
3. Uses, Special: NONE
4. Minimum Lot Area: Nine acres.
5. Minimum setbacks: 50 foot front yard
50 foot rear yard
50 foot side yard
6. Maximum lot coverage: Lot coverage by buildings and structures exclusive of
uncovered pool areas, patios, decks, driveways and utilities shall not exceed 30,000
square -feet per lot.
Page 4 of 30
7. Maximum building envelope: 2.5 acres, subject to setback requirements.
Development activities outside of prescribed building envelopes are limited to access
drives, utilities and retaining walls specifically associated with entry drives, and as
may be defined in the Covenants, Conditions and Restrictions for the PUD.
8. Maximum floor area:
A. Primary Single Family Residence: Maximum finished floor area exclusive of
attached or detached garage shall not exceed 18,000 square -feet.
B. Accessory and agricultural buildings: The maximum total finished floor area of all
accessory and agricultural buildings, including attached and detached garages, shall
be 12,000 square -feet.
9. Maximum building height: 25 feet.
10. Off-street parking: One space per bedroom, with a minimum of two enclosed parking
spaces and a maximum of six exterior/uncovered spaces.
11. Fireplaces: No open hearth, solid fuel fireplaces are allowed. One solid fuel burning
stove, as defined in CRS Sec. 25-7-401 et seq. and regulations promulgated there
under, is allowed in each dwelling unit. All dwelling units are allowed an unrestricted
number of gas burning fireplaces.
12. Special conditions: Rental or leases of less than one year shall not be allowed.
13. Merging of Lots: The common owner of two or more contiguous lots may merge such
lots into a single parcel, and may relocate the building envelope, upon compliance
with the applicable county regulations regarding plat amendment or lot line
adjustment, and upon compliance with applicable covenants of the development.
Relocation of building envelopes shall be subject to all easements, including utility
easements, unless the permission of the easement holder is obtained. Merging of lots
shall not affect the uses and restrictions otherwise applicable in this zone district.
Page 5 of 30
V. R/R — Residential / Ranch District
1. Uses By Right:
A. Single family residential and accessory uses. The primary single family residence
may include habitable detached rooms or buildings associated with the residence.
Any such detached rooms or buildings shall not include a kitchen. Accessory uses
and buildings shall relate to the primary single family residence, including horse
keeping facilities; storage of personal property and equipment; workshop, art
studio or other similar use.
Residential uses shall not be allowed on the parcel designated on the final plat as
"RR Parcel A."
B. All uses allowed in Utilities (U) and Open Space/Golf (OS/G) Districts.
C. Private and community trails.
2. Uses, Conditional: NONE
3. Uses, Special: NONE
4. Minimum Lot Area: Four acres.
5. Minimum setbacks: 50 foot front yard
50 foot rear yard
30 foot side yard
6. Maximum lot coverage: Lot coverage by buildings and structures exclusive of
uncovered pool areas, patios, decks, driveways and utilities shall not exceed 15,000
square -feet per lot.
7. Maximum building envelope: 7.5 acres, subject to setback requirements.
Development activities outside of prescribed building envelopes are limited to access
drives, utilities and retaining walls specifically associated with entry drives, and as
may be defined in the Covenants, Conditions and Restrictions for the PUD.
8. Maximum floor area:
A. Primary Single Family Residence: Maximum finished floor area exclusive of
attached or detached garage shall not exceed 12,000 square -feet.
B. Accessory and agricultural buildings: Maximum total finished floor area of all
accessory and agricultural buildings, including attached and detached garages,
shall not exceed 3,500 square -feet.
9. Maximum building height: 25 feet.
Page 6 of 30
10. Off-street parking: One space per bedroom, with a minimum of two enclosed parking
spaces and a maximum of six exterior/uncovered spaces.
11. Fireplaces: No open hearth, solid fuel fireplaces are allowed. One solid fuel burning
stove as defined in CRS Sec. 25-7-401 et seq. and regulations promulgated there under
is allowed in each dwelling unit. All dwelling units are allowed an unrestricted number
of gas burning fireplaces.
12. Special conditions: Rental or leases of less than one year shall not be allowed
13. Merging of Lots: The common owner of two or more contiguous lots may merge such
lots into a single parcel, and may relocate the building envelope, upon compliance
with the applicable county regulations regarding plat amendment or lot line
adjustment, and upon compliance with applicable covenants of the development.
Relocation of building envelopes shall be subject to all easements, including utility
easements, unless the permission of the easement holder is obtained. Merging of lots
shall not affect the uses and restrictions otherwise applicable in this zone district.
Page 7 of 30
VI. R/E — Residential / Estate District
1. Uses By Right:
A. Single family residential and accessory uses. The primary single family residence
may include habitable detached rooms or buildings associated with the residence.
Any such detached rooms or buildings shall not include a kitchen. Accessory uses
and buildings shall relate to the primary single family residence, including storage
of personal property and equipment; workshop, art studio or other similar use.
Residential uses shall not be allowed on the parcel designated on the final plat as
"RE Parcel A."
B. All uses allowed in Utilities (U) and Open Space/Golf (OS/G) Districts.
C. Private and community trails.
2. Uses, Conditional: NONE
3. Uses, Special: NONE
4. Minimum Lot Area: Two acres.
5. Minimum setbacks: 35 foot front yard
25 foot rear yard
25 foot side yard
6. Maximum lot coverage: Lot coverage by buildings and structures exclusive of
uncovered pool areas, patios, decks, driveways and utilities shall not exceed 10,000
square -feet per lot.
7. Maximum building envelope: 3.25 acres, subject to setback requirements.
Development activities outside of prescribed building envelopes are limited to access
drives, utilities and retaining walls specifically associated with entry drives, and as
may be defined in the Covenants, Conditions and Restrictions for the PUD.
8. Maximum floor area:
A. Primary Single Family Residence: Maximum finished floor area exclusive of
attached or detached garage shall not exceed 8,000 square -feet.
B. Accessory buildings: Maximum total finished floor area of all accessory buildings,
including attached and detached garages, shall not exceed 2,000 square -feet.
9. Maximum building height: 25 feet.
Page 8 of 30
10. Off-street parking: One space per bedroom, with a minimum of two enclosed parking
spaces and a maximum of four exterior/uncovered spaces.
11. Fireplaces: No open hearth, solid fuel fireplaces are allowed. One solid fuel burning
stove, as defined in CRS Sec. 25-7-401 et seq. and regulations promulgated there
under, is allowed in each dwelling unit. All dwelling units are allowed an unrestricted
number of gas burning fireplaces.
12. Special conditions: Rental or leases of less than one year shall not be allowed.
13. Merging of Lots: The common owner of two or more contiguous lots may merge such
lots into a single parcel, and may relocate the building envelope, upon compliance
with the applicable county regulations regarding plat amendment or lot line
adjustment, and upon compliance with applicable covenants of the development.
Relocation of building envelopes shall be subject to all easements, including utility
easements, unless the permission of the easement holder is obtained. Merging of lots
shall not affect the uses and restrictions otherwise applicable in this zone district.
Page 9 of 30
VII. R/C — Residential / Cabin District
1. Uses By Right:
A. Single family residential, multi -family residential and accessory uses. Accessory
uses shall relate to the primary single family residence.
B. All uses allowed in Utilities (U) and Open Space/Golf (OS/G) Districts.
C. Private and community trails.
2. Uses, Conditional: NONE
3. Uses, Special: NONE
4. Minimum Lot Area: One-quarter acre.
5. 5. Minimum setbacks: 20 foot front yard
20 foot rear yard
15 foot side yard
6. Maximum lot coverage: Lot coverage by buildings and structures, exclusive of
uncovered pool areas, patios, decks, driveways and utilities, shall not exceed 7,000
square -feet per lot.
7. Maximum building envelope: Two acres, subject to setback requirements.
Development activities outside of prescribed building envelopes are limited to access
drives, utilities and retaining walls specifically associated with entry drives, and as
may be defined in the Covenants, Conditions and Restrictions for the PUD.
8. Maximum floor area: Maximum finished floor area of a residential structure,
excluding attached or detached garage, shall not exceed 6,000 square -feet.
9. Maximum building height: 25 feet.
10. Off-street parking: One enclosed parking space per bedroom, with a minimum of two
enclosed parking spaces and a maximum of two exterior/uncovered spaces per unit.
11. Fireplaces: No open hearth, solid fuel fireplaces are allowed. One solid fuel burning
stove, as defined in CRS Sec. 25-7-401 et seq. and regulations promulgated there
under, is allowed in each dwelling unit. All dwelling units are allowed an unrestricted
number of gas burning fireplaces.
12. Special conditions: Short-term rental or leases of less than one year shall be allowed
only to members or invited guests of the Club associated with the PUD. Cabins may
be deeded in one-quarter share fractional tenants-in-common interests, which interests
shall be exempt from compliance with County subdivision or other regulation.
Page 10 of 30
13. Merging of Lots: The common owner of two or more contiguous lots may merge such
lots into a single parcel, and may relocate the building envelope, upon compliance
with the applicable county regulations regarding plat amendment or lot line
adjustment, and upon compliance with applicable covenants of the development.
Relocation of building envelopes shall be subject to all easements, including utility
easements, unless the permission of the easement holder is obtained. Merging of lots
shall not affect the uses and restrictions otherwise applicable in this zone district.
14. Cabin Sub -District: The Cabin District is divided into four Sub -Districts based upon
the size of improvements that can be constructed on the lots within each Sub -District:
A. Camp Cabins with a floor area between 1,000 and 1,500 square -feet.
B. Village and Hillside Cabins with a floor area between 1,500 and 2,500 square -feet.
C. Golf and Hillside Cottages with a floor area between 2,500 and 4,000 square -feet.
D. Duplex Cabins with a total floor area between 3,000 and 5,000 square -feet (1,500
to 2,500 square -feet per unit).
Units may be designated on the final plat or at the time of building permit.
Page 11 of 30
VIII. R/CH — Residential / Community Housing District
1. Uses By Right:
A. Single family and multi- family residential, including row house, townhome,
apartment and single-family detached units, all of which shall be governed under the
provisions of the Community Housing Program approved as part of the Spring
Valley Ranch PUD.
B. All uses allowed in Utilities (U), Open Space/Pasture (OS/P) and Open
Space/Recreational (OS/R) Districts.
C. Pasture land and fencing.
D. Private and community trails.
2. Uses, Conditional: NONE
3. Uses, Special: NONE
4. Minimum Lot Area: 5,000 square -feet.
5. Multi Family Minimum setbacks:
6. Residential Minimum setbacks:
20 foot front yard
10 foot rear yard
10 foot side yard
20 foot front yard
10 foot rear yard
10 foot side yard
7. Maximum lot coverage: Lot coverage by buildings and structures exclusive of
uncovered pool areas, patios, decks, driveways and utilities shall not exceed 80% of
the lot. Multiple structures occupied by a single use by right are allowed on a single
lot.
8. Maximum building height: 25 feet.
9. Parking: One parking space for every 1.5 bedrooms with a minimum of one parking
space per unit.
10. Resubdivision: Row house, townhouse and multi -family structures may be
resubdivided along common party walls and multi -family structures may be
condominiumized subsequent to construction.
11. Maximum Irrigated land per dwelling unit: 500 sf.
Page 12 of 30
12. Fireplaces: No open hearth, solid fuel fireplaces are allowed. One solid fuel burning
stove, as defined in CRS Sec. 25-7-401 et seq. and regulations promulgated there
under, is allowed in each dwelling unit. All dwelling units are allowed an unrestricted
number of gas burning fireplaces.
13. Special conditions: All units must comply with the provisions of the Community
Housing Program as adopted under the PUD. Short-term rental or leases of less than
one year shall be not be allowed
Page 13 of 30
IX. V/C — Village / Commercial District
1. Uses By Right:
A. All structures and facilities related to recreation and member services within the
PUD, including but not limited to: golf club House; locker rooms; restaurant;
lounge; snack bar; athletic club; family center; recreational center; event space;
tennis center; aquatics center; grocery; sundry, retail and liquor store(s); post
office; gas station; business offices related to the sales, ownership, membership or
operations of the PUD; health, beauty and personal care services; reservations
center; resident and member services center; golf pro shop; golf starter's pavilion;
religious buildings; transient overnight accommodations for Club members and
their guests; day care; staff living accommodations; and equestrian care and riding
facilities; and parking
B. Employee Housing: A maximum of 20 multi -family units (when combined with
the units built in the L/I District) of less than 1,200 sq. ft. each in the Village
and/or Metro District Yard, deed restricted as rental units available only to the
project's employees with rent increases limited to CPI for 20 years. Thereafter the
units may be rented or sold at market.
C. Guest Lodging. A maximum of 15 guest rooms of 600 sf (without kitchen) within
the Golf Club House or other appropriate Village buildings.
D. All uses allowed in Utilities (U), Open Space/Recreational (OS/R) and Open
Space/Golf (OS/G) Districts.
E. Private and community trails.
2. Uses, Conditional: NONE
3. Uses, Special: NONE
4. Minimum Lot Area: NONE
5. Minimum setbacks: 10 feet from road right-of-way
50 feet from the property line of any residential property
6. Maximum lot coverage: NONE
7. Maximum building envelope: NONE
8. Maximum floor area:
A. Maximum finished floor area for grocery, sundry, retail and liquor store(s); post
office; and gas station shall not exceed a total of 20,000 square feet.
Page 14 of 30
B. No limit for other uses.
9. Maximum building height: 35 feet.
10. Off-street parking: One enclosed parking space per bedroom. Minimum of one
parking space for every 800 square -feet of habitable finished floor space for other
uses. Employee, overflow and event parking will be provided as needed in the Light
Industrial Zone District (L/I) and the Open Space/Golf District (OS/G).
11. Fireplaces: No open hearth, solid fuel fireplaces are allowed. One solid fuel burning
stove, as defined in CRS Sec. 25-7-401 et seq. and regulations promulgated there
under, is allowed in each dwelling unit. All dwelling units are allowed an unrestricted
number of gas burning fireplaces.
Page 15 of 30
X. LII — Light Industrial District
1. Uses By Right:
A. Office and support facilities for metropolitan districts serving the PUD, including
but not limited to: Outdoor and indoor equipment storage; Outdoor and indoor
supply storage; Fuel storage and distribution systems; Administrative offices;
Fire/EMS and security station; Workshop; Mechanics shop.
B. Golf Course maintenance yard, including all facilities necessary for the operation
and maintenance of golf courses, including outdoor and indoor equipment and cart
storage; indoor and outdoor supply storage; fuel storage and distribution systems;
administrative offices; workshop; mechanics shop; and turf and tree nursery.
C. Common facilities associated with operation and maintenance of the PUD,
including but not limited to: kitchen and employee dining hall; employee lockers,
shower and lockeroom facilities; vehicle wash; laundromat / drycleaners;
employee recreational facilities; staff living accommodations; plant nursery;
composting facility; day care; fueling station; and parking.
D. Fire station and all facilities and equipment associated with the operation, use and
maintenance thereof, including but not limited to: indoor and outdoor equipment
storage; indoor and outdoor supply storage; administrative offices; workshop; and
staff living accommodations.
E. All uses allowed in Utilities (U) and Open Space/Golf (OS/G) Districts.
F. Employee Housing. A maximum of 20 multi -family units (when combined with
units built in the V/C District) of less than 1,200 sq. ft. each in the Village and/or
Metro District Yard, deed restricted as rental units available only to the project's
employees with rent increases limited to CPI for 20 years. Thereafter the units
may be rented or sold at market.
2. Uses, Conditional: NONE
3. Uses, Special: NONE
4. Minimum Lot Area: NONE
5. Minimum setbacks: 20 feet from road right-of-way
50 feet from the property line of any residential property
6. Maximum lot coverage: NONE
7. Maximum building envelope: NONE
8. Maximum floor area: NONE
Page 16 of 30
9. Maximum building height: 35 feet.
10. Off-street parking: Minimum of one parking space for every three employees, plus
minimum of one parking space for every staff bedroom. Employee, overflow and
event parking will be provided as needed in the Light Industrial Zone District (L/I) for
the Village/Commercial District (V/C) and the Open Space/Golf District (OS/G).
11. Fireplaces: No open hearth, solid fuel fireplaces are allowed. One solid fuel burning
stove, as defined in CRS Sec. 25-7-401 et seq. and regulations promulgated there
under, is allowed in each dwelling unit. All dwelling units are allowed an unrestricted
number of gas burning fireplaces.
Page 17 of 30
XI. OS/R — Open Space / Recreation District
1. Uses By Right:
A. All equestrian uses and services, including but not limited to: Stables; Tack rooms;
Feed and equipment storage; Turn -out pastures; Horse riding and training area(s);
Race / warm-up tracts; Trails; Training; Tack sales; Grill / snack bar; Clubroom;
Lockers; Restrooms and changing facilities and showers; Staff living
accommodations; Hay and equipment barns; Storage for vehicles and trailers;
Parking
B. Facilities and services for active and passive recreation, including but not limited
to: Parks; Ball fields; Tennis courts; Fishing ponds; Ice Skating ponds;
Snowmobiling; Cross / backcountry skiing; Fishing camp; Boating; Hunting;
Picnic areas; Event and interpretative facilities; Private, community or public
trails; Other accessory recreational uses
C. Structures and fencing accessory to recreational uses.
D. Fire Station and all facilities and equipment necessary for the operation, use and
maintenance thereof, including but not limited to: Indoor and outdoor equipment
storage; Indoor and outdoor supply storage; Administrative offices; Workshop;
Staff living accommodations
E. Gatehouse / Security stations.
F. Marketing / Sales office.
G. All uses allowed in Utilities (U) District.
2. Uses, Conditional: NONE
3. Uses, Special: NONE
4. Minimum Lot Area: NONE
5. Minimum setbacks: 10 feet from road right-of-way
50 feet from the property line of any residential property
6. Maximum lot coverage: NONE
7. Maximum building envelope: NONE
8. Maximum floor area: NONE
9. Maximum building height: 35 feet.
Page 18 of 30
10. Off-street parking: Minimum of one parking space for every two horse stalls, plus
minimum of one parking space for every employee living accommodation. Parking as
needed based upon usage for parks, ball fields, trail heads and other recreational uses.
11. Fireplaces: No open hearth, solid fuel fireplaces are allowed. One solid fuel burning
stove, as defined in CRS Sec. 25-7-401 et seq. and regulations promulgated
thereunder, is allowed in each dwelling unit. All dwelling units are allowed an
unrestricted number of gas burning fireplaces.
Page 19 of 30
XII. OS/A/E — Open Space / Agriculture District
1. Uses By Right:
A. Agricultural, including farm, ranch, sod farm, garden, plant nursery, orchard, and
customary accessory uses including buildings for the enclosure of animals or
property employed in any of the above uses, excluding residential dwellings.
B. Riding stable and equestrian uses including tack sales, snack bar, clubhouse and
lounge.
C. Park and green belt including trails, ballfields, courts and accessory recreational
uses.
D. Domestic and irrigation water well including accessory building for the enclosure
of water treatment equipment. Refer as well to special Design Standards
applicable to all Zone Districts.
E. Community recreation facilities including community building, pool and changing
rooms, picnic areas and restrooms.
F. Storage facilities for recreational vehicles and horse trailers.
G. Public and/or private trails.
2. Minimum setback: 35 feet from road right-of-way or any structures
5 feet for all other conditions
3. Maximum building height: 35 fee.t
4. Parking: Minimum of one parking space for every 400 square feet of enclosed area or
one space for every two stalls, whichever is greater. Minimum of ten spaces dedicated
to employees/staff.
Page 20 of 30
XIII. OS/P — Open Space / Pasture District
1. Uses By Right:
A. All agricultural uses, including but not limited to: farming; ranching; sod farm;
plant nursery; orchard; haying; and livestock raising, breeding and feeding,
including horses, cattle, pigs, sheep.
B. All equestrian uses and services, including but not limited to: stables; tack rooms;
feed and equipment storage; turn -out pastures; horse riding and training area(s);
race / warm-up tracts; trails; tack sales; grill / snack bar; clubroom; lockers;
restrooms and changing facilities and showers; staff living accommodations; hay
and equipment barns; storage for vehicles and trailers; and parking
C. Community and/or private trails, including picnic areas and restrooms.
D. Structures and fencing accessory to agricultural and recreational uses.
E. Domestic and irrigation water wells, including distribution and storage.
F. Parking.
E. All uses allowed in Utilities District (U) and Open Space/Recreational District
(OS/R).
2. Uses, Conditional: NONE
3. Uses, Special: NONE
4. Minimum Lot Area: NONE
5. Minimum setbacks: 10 feet from road right-of-way
50 feet from the property line of any residential property
6. Maximum lot coverage: NONE
7. Maximum building envelope: NONE
8. Maximum floor area: NONE
9. Maximum building height: 35 feet.
10. Off-street parking: Parking as needed based upon usage.
Page 21 of 30
XIV. OS/G — Open Space / Golf District
1. Uses By Right:
A. 18 -hole Championship golf course; par -3 golf course; practice range and related
practice facilities; and accessory uses related to golf.
B. Accessory structures for the use and enjoyment of the golf course facilities,
including but not limited to: golf club house; starter's pavilion; comfort
stations/restrooms/weather shelters; grill and/or snack bar; bar; cart storage; office
and administrative functions and structures related to the operation and
maintenance of the golf courses; and golf course maintenance yard, including all
facilities necessary for the operation and maintenance of golf courses, including
but not limited to: outdoor and indoor equipment and cart storage; indoor and
outdoor supply storage; fuel storage and distribution systems; administrative
offices; workshop; mechanics shop; and turf and tree nursery
C. Structures and fencing accessory to wildlife management, agricultural and
recreational uses.
D. Ponds, irrigation facilities and water features.
E. Parking.
F. All uses allowed in Utilities District (U) and Open Space/Recreational District
(OS/R).
2. Uses, Conditional: NONE
3. Uses, Special: NONE
4. Minimum Lot Area: NONE
5. Minimum setbacks: NONE
6. Maximum lot coverage: NONE
7. Maximum building envelope: NONE
8. Maximum floor area: NONE
9. Maximum building height: 25 feet.
10. Off-street parking: Minimum of 40 parking spaces. Employee, overflow and event
parking will be provided as needed in the Open Space/Golf District (OS/G) for the
Village/Commercial District (V/C) and the Light Industrial Zone District (L/I).
Page 22 of 30
XV. U — Utilities District
1. Uses By Right: The construction, installation, operation, maintenance, repair and
replacement of all types of utilities and common utility corridors, easements, rights-of-
way, facilities, and structures, including but not limited to: water services, such as
storage tanks, irrigation ponds and reservoirs, water and irrigation distribution
systems, water wells, water treatment facilities, pumping equipment, lift and transfer
stations; sanitary sewage collection systems and lift stations; drainage and flood
control structures; utilities, including but not limited to electrical, natural gas, cell
phone, wi-fi, telephone, cable television and fiber-optic systems; geo-hazard
mitigation structures; roads, cul-de-sacs, turnouts and retaining walls; services and
systems along easements and rights-of-way through other districts; public, community
and/or private trails; and buildings and structures accessory to the above uses.
2. Uses, Conditional: NONE
3. Uses, Special: NONE
4. Minimum Lot Area: NONE
5. Minimum setbacks: NONE
6. Maximum lot coverage: NONE
7. Maximum building envelope: NONE
8. Maximum floor area: NONE
9. Maximum building height: 25 feet, except for water storage tanks.
10. Special requirements: The Utilities District shall include on-site utilities and off-site
utility easements dedicated to the PUD as shown on the PUD Plan and the PUD Land
Use Summary. All utility structures shall be non -illuminated, except for shielded
lighting as may be required for safety. Access to utility corridors is granted to the
Landis Creek Metropolitan District and all other providers of services.
Page 23 of 30
DESIGN STANDARDS (Applicable to all Zone Districts)
A. DRIVEWAY STANDARDS
The following design standards for driveways shall apply to all residential and commercial
construction within the Spring Valley Ranch PUD unless otherwise approved by the
Authority Having Jurisdiction.
1. Driveways shall be provided to all habitable structures and to all other structures
with floor areas greater than 500 square feet.
2. Driveways serving only one residence shall have an all-weather driving surface with
a minimum width of 16 feet. Driveways serving two to three residences shall have
an all-weather driving surface with a minimum width of 20 feet. Driveways shall
not serve more than three residences.
3. Driveways shall be provided with no less than 15 feet of vertical clearance.
4. The maximum allowable gradient for driveways shall be 10% unless driveway is
constructed with a snow -melting system approved by the Authority Having
Jurisdiction.
5. The minimum allowable centerline radius for a driveway shall be 23 feet.
6. Any driveway in excess of 150 feet in length shall be equipped with a turn -around
at the end in accordance with the design standards for a turn -around as stated below.
7. Any driveway in excess of 400 feet in length shall be equipped with a turnout.
Turnouts shall be constructed at a maximum interval of 400 feet on all driveways in
excess of 400 feet in length.
8. Turnout dimensions shall be as follows:
a) Minimum full -width lane length = 50 feet.
b) Minimum additional turnout width = 8 feet (24 -feet total driveway width).
c) Minimum taper length on each end of turnout lane = 50 feet.
9. Intersections of driveways with roads shall be within 7 degrees of perpendicular
wherever practical and feasible.
10. Turn-arounds at the end of driveways in excess of 150 feet in length shall be
provided with a hammerhead turn -around at a minimum. The minimum dimensions
of a hammerhead turn -around shall be in accordance with the hammerhead details
approved by the Authority Having Jurisdiction.
11. All driveways shall extend to within 50 feet of the primary structures.
Page 24 of 30
12. All driveways shall be constructed with a drainage system consisting of roadside
ditches and channels, storm drainage systems and culverts designed to adequately
convey the peak rate of stormwater runoff generated by the 100 -year storm event
without causing erosion or deposition of eroded materials. All stormwater runoff
shall be conveyed as depicted on the Spring Valley Ranch P.U.D. Preliminary
Drainage Plan and shall not be diverted into other drainage basins. The design of the
driveway drainage system shall be prepared by a Colorado Registered Professional
Engineer with specialized competence in hydrology, hydraulics and erosion control.
B. ROADWAY STANDARDS
The following roadway design standards shall apply to all roadways within the Spring Valley Ranch
PUD unless otherwise approved by the Authority Having Jurisdiction.
Street and Roadway Design shall be in conformance with the following standards:
Spring Valley Ranch P.U.D. Street and Roadway Classification and Design Standards
(Road Classification
Collector Road
Minor Road
Cul -De -Sac
Maximum Number of
Residences to be Served
577
140
40
Maximum Average Daily
Traffic Volume [vehicles
per day]
8000
1400
400
Minimum Right -of -Way
Width [feet]
60
50
50
Minimum Travel Lane
Width [feet]
12
11
11
Minimum Shoulder
Width [feet]
4
2
2
Type of Road Surface
(including travel lanes
and shoulders)
Asphalt or Concrete
Asphalt or Concrete
Asphalt or Concrete
Pavement Section (depth
of asphalt) and
Specification of Asphalt
To be determined by Registered Geotechnical Engineer based on an
HS -20 loading and the maximum average daily traffic volumes
Aggregate Section (depth
and specification of
aggregate)
To be determined by Registered Geotechnical Engineer based on an
HS -20 loading and the maximum average daily traffic volumes
Subgrade Stabilization
To be determined by Registered Geotechnical Engineer based on an
HS -20 loading and the maximum average daily traffic volumes
Typical Cross Slope
(Crown)
2%
2%
2%
Page 25 of 30
Spring Valley Ranch P.U.D. Street and Roadway Classification and Design Standards
(Road Classification
Collector Road
Minor Road
Cul -De -Sac
Maximum Rate of Super -
Elevation (Super -
elevation design to be
performed by
Professional Engineer in
accordance with 2001
AASHTO Standards)
4%
4%
4%
Shoulder Cross Slope
Matches Adjacent
Travel Lane
Matches Adjacent
Travel Lane
Matches Adjacent Travel
Lane
Maximum Centerline
Grade
10%
10%
10%
Typical Design Speed
25 MPH
20 MPH
20 MPH
Minimum Design Speed
10 MPH
10 MPH
10 MPH
Minimum Centerline
Radius at Typical Design
Speed without
Superelevation [feet]
298.3
190.9
190.9
Minimum Centerline
Radius at Typical Design
Speed with maximum
Superelevation [feet]
208.3
133.3
133.3
Minimum Centerline
Radius [feet]
50.0
50.0
50.0
Minimum Clearance from
Travel Lane to Roadside
Barrier (guard
rail/retaining wall/jersey
barrier) [feet]
4
4
4
Maximum Slope of
Unretained Cut/Fill Slope
[vertical feet:horizontal
feet]
2:1
2:1
2:1
Roadside Drainage
Conveyance Structures
Designed by Registered Engineer to Provide Minimum Capacity to
Convey Peak Flow from 100 -year Storm Event
1. Roadway standards shall apply for all roads serving more than 3 residences.
2. Road widths will increase at reduced radius curves and intersections in order to
accommodate the traveled path of the fire apparatus as specified by the Glenwood Springs
Fire Protection District within a single lane of the roadway.
3. Roadways shall be provided with no less than 15 feet of vertical clearance.
Page 26 of 30
4. All dead-end (cul-de-sac) roadways shall be equipped with a turn -around at the end in
accordance with the design standards for a turn -around as approved by the Authority
Having Jurisdiction.
5. Intersection of two roadways shall be within 7 degrees of perpendicular wherever feasible
and practical.
6. The pavement return at roadway intersections shall have a minimum radius of 25 -feet.
7. On cul-de-sac roadways longer than 600 -feet, in locations to be determined by the
Authority Having Jurisdiction, but at intervals of approximately 600 feet, driveway
intersections with roadways shall be constructed in accordance with the minimum
dimensions for the turn -around of emergency vehicles, to meet the standards of the
Authority Having Jurisdiction.
Note: These Road Design Standards also assume the following conditions:
8. All Structures in excess of 500 square feet are sprinklered in accordance with NFPA 13,
NFPA 13R and NFPA 13D or as otherwise required by the Authority Having Jurisdiction
(AHJ).
9. No on -street parking is allowed on any roadway.
10. Fire Hydrants are provided in accordance with Appendix C of the International Fire Code
(IFC) adopted by the Authority Having Jurisdiction at the time of construction.
11. Fire Hydrants will meet the fire -flow requirements of Appendix B of the IFC adopted by
the Authority Having Jurisdiction at the time of construction, with the 50% reduction as
allowed in Section B105.2 for sprinklered structures.
12. Vegetation management and manipulation is performed on the site in accordance with the
standards imposed by the Authority Having Jurisdiction.
13. In order to accommodate the longer cul-de-sac roadways, the water distribution system
shall be designed and constructed in accordance with the Water Distribution System and
Fire Protection Design Standards provided below.
C. CUL-DE-SAC STANDARDS (Mountain Lot District Only)
The following cul-de-sac design standards shall apply to all cul-de-sac (dead-end) roadways
within the Mountain Lot District of Spring Valley Ranch PUD unless otherwise approved by the
Authority Having Jurisdiction.
1. All dead-end roads shall conform to cul-de-sac standards and requirements.
2. The end of all cul-de-sac roadways shall be provided with a turn -around having a
minimum radius to the outside edge of the driving surface of 45 feet.
Page 27 of 30
3. On cul-de-sac roadways longer than 600 -feet, in locations to be determined by the
Authority Having Jurisdiction, but at intervals of approximately 600 feet, driveway
intersections with roadways shall be constructed in accordance with the minimum
dimensions for the turn -around of emergency vehicles, to meet the standards of the
Authority Having Jurisdiction.
4. In order to accommodate the longer cul-de-sac roadways, the water distribution system
shall be designed and constructed in accordance with the Water Distribution System and
Fire Protection Design Standards provided below.
D. WATER DISTRIBUTION SYSTEM AND FIRE PROTECTION DESIGN
STANDARDS
The following water distribution system design standards shall apply to all zone districts within
the Spring Valley Ranch P.U.D. The following fire protection design standards shall apply to all
zone districts within the Spring Valley Ranch P.U.D. unless otherwise approved by the Authority
Having Jurisdiction.
1. Roof coverings and exterior building materials shall be non-combustible or fire resistant
materials as determined by the Authority Having Jurisdiction.
2. Fire hydrant spacing shall conform to Table C105.1 of the International Fire Code adopted
by the Authority Having Jurisdiction at the time of construction.
3. All residences within the Mountain Lot district shall be provided with a fire hydrant
within 100 -feet of the residence, which is to be installed in conjunction with the
construction of the residence.
4. The final fire hydrant locations shall be approved by the Authority Having Jurisdiction.
5. All fire hydrants shall be capable of providing the minimum fire flows and duration within
each zone district in conformance with Table B105.1 of the International Fire Code
adopted by the Authority Having Jurisdiction at the time of construction.
6. All water storage tanks shall be sized to provide a minimum of two days' normal domestic
water usage and the maximum amount of fire storage calculated from the fire flows and
durations required by Table B105.1 of the International Fire Code adopted by the
Authority Having Jurisdiction at the time of construction.
7. The water distribution system shall be looped wherever feasible and practical.
8. The minimum diameter of water main pipe shall be 8 -inches, except for fire hydrant
laterals of less than 50 -feet in length. Fire hydrant laterals longer than 50 -feet shall be a
minimum diameter of 8 -inches, with an 8 -inch by 6 -inch reducer immediately ahead of the
fire hydrant.
Page 28 of 30
9. The water distribution system shall be designed so that the maximum static pressure at a
fire hydrant shall be 135 -psi, wherever practical and feasible.
10. All new structures having floor areas greater than 500 square feet shall be provided with
automatic sprinkler systems in accordance with NFPA 13, NFPA 13R and NFPA 13D as
applicable. The designs of all automatic sprinkler systems are to be approved by the
Authority Having Jurisdiction.
11. The fire station shall be constructed in the Light Industrial Zone District at the time to be
determined by the Authority Having Jurisdiction.
12. Year-round fire department access shall be provided to surface water at the proposed
irrigation reservoirs within the project as the area around each reservoir is platted. As part
of the appropriate final plat improvements, each reservoir shall be provided with dry
hydrants for fire department access and connection.
13. All structures detached from the primary residence shall be separated from other structures
in accordance with the International Fire Code adopted by the Authority Having
Jurisdiction at the time of construction.
14. All residential structures shall have no more than two stories above the ground surface and
shall be not more than 25 -feet in height based on Garfield County building height
standards.
15. Vegetation management and manipulation related to wildfire mitigation is to be performed
on the site in accordance with the standards imposed by the Authority Having Jurisdiction.
E. PROPOSED FINAL PLAT NOTES
The following are proposed as notes appropriate for inclusion on final plats within the Spring
Valley Ranch Planned Unit Development:
1. Certain building envelope locations may be subject to geologic and hydrologic conditions
that require consideration in the design of structures at these locations. At the time of
building permit application, all structures shall require the submittal of a site-specific soils
and foundation investigation report addressing soils and geologic conditions, foundation
design and drainage prepared by a registered professional engineer. All site construction
shall be conducted in accordance with the engineer's recommendations. [See Condition
12.0 of Garfield County Commissioner's Resolution 2005-84.]
2. Prior to submittal for building permit on any portion of the Spring Valley Ranch PUD,
Owners of individual parcels/ lots shall provide a site plan, a grading plan, a drainage plan
and a site-specific foundation and geotechnical investigation report to the Design Review
Board for Spring Valley PUD for the lot to be constructed upon. Subsequent to review and
approval of the plans for development by the Design Review Board, the lot Owner shall
then begin the building permit process with Garfield County.
Page 29 of 30
3. All exterior lighting shall be the minimum amount necessary and all exterior lighting will
be directed inward and downward, towards the interior of the subdivision, except that
provisions may be made to allow for safety lighting that goes beyond the property
boundaries. [See Condition 29.01 of Garfield County Commissioner's Resolution 2005-
84.]
4. Colorado is a right -to -farm state pursuant to C.R.S. § 35-3-101 et. seq. Landowners,
residents and visitors must be prepared to accept the activities, sights, sounds and smells
of Garfield County's agricultural operations as a necessary aspect of living in a County
with a strong rural character and a healthy ranching sector. All must be prepared to
encounter noises, odor, lights, mud, dust, smoke, chemicals, machinery on public roads,
livestock on public roads, storage and disposal of manure, and the application by spraying
or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides, any one
or more of which may naturally occur as a result of legal and non -negligent agricultural
operations. [See Condition 29.02 of Garfield County Commissioner's Resolution 2005-
84.]
5. All owners of land, whether ranch or residence, have obligations under State law and
County regulations with regard to the maintenance of fences and irrigation ditches,
controlling weeds, keeping livestock and pets under control, using property in accordance
with zoning, and other aspects of using and maintaining property. Residents and
landowners are encouraged to learn about these rights and responsibilities and act as good
neighbors and citizens of the County. A good introductory source for such information is
"A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State
University Extension Office in Garfield County. [See Condition 29.03 of Garfield County
Commissioner's Resolution 2005-84.]
6. No new wood burning open hearth fire places shall be allowed within the development.
One solid fuel burning stove, as defined in CRS Sec. 25-7-401 et seq. and regulations
promulgated there under, is allowed in each dwelling unit.
Page 30 of 30
SPRING VALLEY RANCH PUD
ESTIMATED DEVELOPMENT PHASING SCHEDULE
Phase
Elements
Estimated Start of
Construction
Estimated
Completion of
Construction
Phase 1
0 Cabin Lots
April 2014
20 Months after Start of
Construction
0 Estate Lots
0 Ranch Lots
1 Pasture Lots
1 Sales Office
1 Gate House
2 Open Space Parcels
Phase 2
22 Cabin Lots
April 2019
depending on economic
and marketing
conditions
20 Months after Start of
Construction
26 Estate Lots
9 Ranch Lots
0 Pasture Lots
4 Open Space Parcels
1 Light Industrial Parcel
Fire Station in accordance with the
requirements of the AHJ
Emergency Access Road extended along
the alignment of Highgrange Pass to the
Landis Creek entrance at CR115 in
accordance with the requirements of the
AHJ
CR114 Improvements: From Road
Centerline Station 160+00 as depicted on
Sheet R41 of Exhibit 26 near CMC to the
Main Project Entrance
Phase 3
21 Cabin Lots
2019
depending on economic
and marketing
conditions
20 Months after Start of
Construction
39 Estate Lots
17 Ranch Lots
0 Pasture Lots
1 Mountain Lot
3 Open Space Parcels
Phase 4
10 Cabin Lots
2019
depending on economic
and marketing
conditions
20 Months after Start of
Construction
0 Estate Lots
0 Ranch Lots
0 Pasture Lots
4 Village Center Parcels
2 Open Space Parcels
MARCH 2007
PAGE 1 OF 5
SPRING VALLEY RANCH PUD
ESTIMATED DEVELOPMENT PHASING SCHEDULE
Phase
Elements
Estimated Start of
Construction
Estimated
Completion of
Construction
Phase 5
55 Cabin Lots
2021
depending on economic
and marketing
conditions
20 Months after Start of
Construction
8 Estate Lots
14 Ranch Lots
0 Pasture Lots
3 Open Space Parcels
Emergency Access Roads extended along
the alignments of Ouray Trail and Sapinero
Trail to Highgrange Pass in accordance
with the requirements of the AHJ
Phase 6
32 Cabin Lots
2022
depending on economic
and marketing
conditions
20 Months after Start of
Construction
33 Estate Lots
19 Ranch Lots
0 Pasture Lots
3 Open Space Parcels
CR115 Improvements: From CR114 to the
Landis Creek Entrance to the Project
Phase 7
14 Cabin Lots
2029
depending on economic
and marketing
conditions
20 Months after Start of
Construction
23 Estate Lots
16 Ranch Lots
0 Pasture Lots
3 Open Space Parcels
Phase 8
38 Cabin Lots
2030
depending on economic
and marketing
conditions
20 Months after Start of
Construction
0 Estate Lots
9 Ranch Lots
0 Pasture Lots
1 Open Space Parcels
CR114 Improvements: From the End of the
Phase 1 Improvements near CMC to the
Intersection with State Hwy 82
Phase 9
0 Cabin Lots
2031
depending on economic
and marketing
conditions
20 Months after Start of
Construction
8 Estate Lots
26 Ranch Lots
0 Pasture Lots
1 Open Space Parcels
1 Utility Parcel
Phase 10
0 Cabin Lots
2032
depending on economic
and marketing
conditions
20 Months after Start of
Construction
0 Estate Lots
6 Ranch Lots
0 Pasture Lots
0 Open Space Parcels
MARCH 2007
PAGE 2 OF 5
SPRING VALLEY RANCH PUD
ESTIMATED DEVELOPMENT PHASING SCHEDULE
Phase
Elements
Estimated Start of
Construction
Estimated
Completion of
Construction
Mountain
Phase 1
11 Mountain Lots
2022
depending on economic
and marketing
conditions
20 Months after Start of
Construction
MARCH 2007
PAGE 3 OF 5
SPRING VALLEY RANCH PUD
ESTIMATED DEVELOPMENT PHASING SCHEDULE
Phase
Elements
Estimated Start of
Construction
Estimated
Completion of
Construction
Mountain
Phase 2
11 Mountain Lots
2023
depending on economic
and marketing
conditions
20 Months after Start of
Construction
Emergency Access Road through Ranch
Phase 3 and down Landis Creek (see Note
2)
Mountain
Phase 3
10 Mountain Lots
2024
depending on economic
and marketing
conditions
20 Months after Start of
Construction
Mountain
Phase 4
15 Mountain Lots
2025
depending on economic
and marketing
conditions
20 Months after Start of
Construction
Mountain
Phase 5
16 Mountain Lots
2026
depending on economic
and marketing
conditions
17 Months after Start of
Construction
Mountain
Phase 6
6 Mountain Lots
2027
depending on economic
and marketing
conditions
20 Months after Start of
Construction
Mountain
Phase 7
5 Mountain Lots
2028
depending on economic
and marketing
conditions
20 Months after Start of
Construction
MARCH 2007
PAGE 4 OF 5
SPRING VALLEY RANCH PUD
ESTIMATED DEVELOPMENT PHASING SCHEDULE
Phase
Elements
Estimated Start of
Construction
Estimated
Completion of
Construction
Mountain
Phase 8
3 Mountain Lots
2029
depending on economic
and marketing
conditions
20 Months after Start of
Construction
Mountain
Phase 9
3 Mountain Lots
2030
depending on economic
and marketing
conditions
20 Months after Start of
Construction
Mountain
Phase 10
3 Mountain Lots
2031
depending on economic
and marketing
conditions
20 Months after Start of
Construction
Mountain
Phase 11
8 Mountain Lots
2032
depending on economic
and marketing
conditions
17 Months after Start of
Construction
Note: The estimated start date for Phase 1 of April 2008 is based on the assumption that the Final Plat for
Phase 1 will be approved prior to April 2008. In the event that the Final Plat for Phase 1 is not approved
prior to April 2008, then the start date for Phase 1 will be the April following the Final Plat approval. In this
event, the adjustment of the start dates for each subsequent phase shall be adjusted accordingly to
correspond to the difference between the estimated start date for Phase 1 of April 2008 and the actual
start date for Phase 1 based on the date of approval of the Final Plat for Phase 1.
MARCH 2007
PAGE 5 OF 5
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
SPRING VALLEY RANCH PLANNED UNIT DEVELOPMENT
THIS AGREEMENT, is made and entered into between the BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF GARFIELD, a body politic and corporate (the
"County"), SPRING VALLEY HOLDINGS, LLC, a Delaware Limited Liability Company
("Developer"), and SPRING VALLEY RANCH COMMUNITY MASTER ASSOCIATION,
INC., a Colorado non-profit corporation (the "HOA"). The County, Developer, and the HOA
may hereinafter be referred to collectively as the "Parties".
WITNESSETH:
A. Developer is the owner of certain real property located in Garfield County,
Colorado, more particularly described in Exhibit 1 ("Developer's Property"). The HOA is the
owner of certain real property located in Garfield County, Colorado, more particularly described
in Exhibit 2 ("HOA Property"), which property was conveyed to the HOA by Developer for the
purposes described in the Project Plans (defined below). The Developers Property and HOA
Property are collectively referred to as the "Property."
B. By Resolution No. 2008-55, which was approved in a public hearing before the
Garfield County Board of County Commissioners on December 7, 2007 and memorialized in a
Resolution signed on April 21, 2008, recorded in the real property records of Garfield County as
Reception No. 747015, and corrected by Resolution No. 2010-38, the Garfield County Board of
County Commissioners (the "Board") approved the Spring Valley Ranch Planned Unit
Development (the "SVR PUD"). The SVR PUD contemplates residential and commercial uses
with significant active and passive open space areas (the "Project"), as documented in Resolution
2010-38, recorded in the real property records of Garfield County as Reception No. 786992 and
incorporated by this reference.
C. By Resolution No. 2008-56, which was approved in a public hearing before the
Garfield County Board of County Commissioners on December 7, 2007 and memorialized in a
Resolution signed on April 21, 2008, recorded in the real property records of Garfield County as
Reception No. 747016, the Board approved the Preliminary Plan for the SVR PUD (the "SVR
Preliminary Plan").
D. By Resolution No. 2012-95, which was approved in a public hearing before the
Garfield County Board of County Commissioners on November 13, 2012, the Development
Agreement was amended to include 21 phases, dates of completion, and the HOA property
description.
E. The SVR PUD and SVR Preliminary Plan contemplate 21 separate phases of
development for the Project, wherein each phase will require final plat approval.
F. The SVR PUD and SVR Preliminary Plan provide that the first phase of
development of the Project will consist of one parcel (P-1) owned by Developer, on which is
1
located an existing dwelling unit, and the HOA Property, which consists of open space and
limited entryway improvements ("Phase 1"). Developer does not plan, and Phase 1 does not
contemplate, any new dwelling units. The County and the Developer recognize that this
configuration represents a unique factual situation that does not create or imply any precedents
for other developments in the County.
G. The SVR PUD provides that the start of construction for each Phase 1s based on
the date of approval of the final plat for Phase 1 (the "Phase 1 Final Plat"); provided, however,
that the final plats for all phases of the Project are approved no later than 15 years after the date
of approval of the Phase 1 Final Plat (the "Phasing Plan").
H. By motion, dated July 21, 2008, the Board approved an extension of not more
than one year for Developer to commence development of the Project or submit an application
for the Phase 1 Final Plat (the "Approved Extension").
I. Developer submitted a complete application for the approval by the County of the
Phase 1 Final Plat in the time period allowed by the Approved Extension and has,
contemporaneously herewith, brought the Phase 1 Final Plat before the Board for final approval.
The County has considered and approved the application for approval of the Phase 1 Final Plat
and the request to approve this Development Agreement, after notice and public hearing as
required by law, and pursuant to the requirements of Section 5-305 of the Garfield County Land
Use Resolution of 2008 (the "LUR"). The County finds and determines that the Phase 1 Final
Plat constitutes a "Site Specific Development Plan," as that term is defined in C.R.S. § 24-68-
102(4)(a) and Section 1-202(8) of the LUR.
J. The Vested Property Rights Statute C.R.S. §§ 24-68-101 et seq. (the "Statute")
and the LUR provide for the establishment of vested property rights in order to advance the
purposes stated therein, and authorize the County to enter into development agreements with
landowners providing for vesting of property development for periods greater than three years.
K. Development of the Property in accordance with the SVR PUD, SVR Preliminary
Plan, Phase 1 Final Plat, and such future final plats that are approved for the various phases of
the Project (collectively, the "Project Plans") will provide for orderly, well planned growth in
accordance with the policies and goals stated in the Garfield County Comprehensive Plan,
provide significant trails and open space, promote diversity of housing stock, ensure reasonable
certainty and stability in the land use planning process, stimulate economic growth within the
County, and otherwise achieve the goals and purposes of the Statute and LUR.
L. Development of the Property will also require substantial investments in
infrastructure improvements and public facilities, both on the Property and outside the Property,
which will serve the needs of the Property and the County. Such investments can be supported
only with assurances that development of the Property can proceed to ultimate completion as
provided in the Project Plans and this Agreement.
M. In exchange for the foregoing benefits and other benefits to the County
contemplated by this Agreement, together with the public benefits served by orderly and well
planned development of the Property, Developer desires to receive vested property rights in the
Project Plans in accordance with this Agreement.
N. In addition, and notwithstanding the foregoing recitals, in light of the current
difficulties and volatility of the national housing and lending market, it may not be prudent for
Developer to undertake the large expenditures of funds necessary to commence development of
Phase 2 and subsequent phases within the time frame set forth in the Phasing Plan. In the event
Developer decides not to commence development of phases subsequent to Phase 1 within the
time frame set forth in the Phasing Plan or otherwise does not comply with the Phasing Plan,
Developer seeks the County's assurance that it will undertake the procedures necessary to return
the Property to its prior configuration and rezone the Property from PUD to a zone district that
meets the requirements of law. In such event, Developer further seeks the HOA's assurance that
it will re -convey the HOA Property back to Developer for the purpose of effectuating the return
of the Property to its prior configuration.
O. The mutual promises, covenants, and obligations contained in this Agreement are
authorized by the statutes of the State of Colorado and the laws of the County.
NOW, THEREFORE, in consideration of the promises cited above and the mutual
covenants and promises contained herein. the sufficiency of which is acknowledged, the County
and Developer agree as follows:
1. Incorporation of Recitals. The Parties agree that the aforesaid recitals are true
and correct, and those recitals are hereby incorporated into the body of this Agreement.
2. General Provisions.
(a) Scope. The terms and conditions of this Agreement shall apply to the
Property.
(b) Phasing. Construction of the Project is anticipated to occur in up to 21
phases, with Phase 1 being the initial phase of the Project, and construction of subsequent
phases occurring in accordance with the Phasing Plan set forth in the SVR PUD.
3. Vesting of Certain Property Rights. The County and Developer hereby agree
that Developer shall have a vested property right to the extent provided in this Agreement to
undertake and complete development and use of the Property.
(a) Intent of Vesting System. The vesting system set forth in this Section 3
balances the County's obligation to protect the public health, safety and welfare of the
community and its desire to facilitate the highest quality development with Developer's
private property rights and Developer's need to rely on County approvals to achieve an
economically viable project.
(b) Overview of Vesting System.
(i) Nature of Vested Rights. During the term of vested rights set forth
in Section 3(d) below, Developer will have the right to develop uses at such
densities and in the general locations on the Property described in the approved
Project Plans. Upon County approval of any future final plats that are approved
for the various phases of the Project, such plats shall automatically be entitled to
the same vested rights as have been granted herein for the same period of vesting
which remains under this Agreement.
(c) Rights That Are Vested. The rights identified herein or as may hereafter
be acquired by operation of any state or local vested property rights law shall constitute
vested property rights under this Agreement and shall not be taken by the County without
just compensation. These rights include the following:
(i) No Downzoning. The maximum number of residential dwelling
units and acres for residential use, and the total gross acres for non-residential
uses, as set forth in the Project Plans are hereby vested.
(ii) Uses, Densities and Locations. The right to develop the Property
in accordance with the uses, densities, and general locations set forth in the
Project Plans is hereby vested.
(iii) Site Development Standards. The right to develop the Property in
accordance with the design standards, development standards, and terms and
conditions set forth in the Project Plans and the resolutions of the Board
approving the same is hereby vested.
(iv) Timing of Development. The right to commence and complete
development of the Property at such time in such order and at such rate as set
forth in the Phasing Plan of the SVR PUD. This provision of this Agreement
supersedes any County rules or regulations that require development to be
commenced or completed in any specific time frame.
(v) Subsequent Approvals. The right to receive all County approvals
necessary for development of the Project provided that subsequent final plat
submittals or applications for other approvals comply with this Agreement and the
-Project Plans, and all applicable standards and regulations, including then -current
duly -adopted, generally applicable regulations.
(vi) Site Specific Development Plan. As to the matters vested under
this Agreement and the Project Plans, including any future final plats that are
approved by the County for the various phases of the Project, shall be considered
a site-specific development plan for the purposes of the Statute and Sections 1-
201 and 1-202 of the LUR. The following statement is provided to satisfy the
requirements of Section 4-502(H)(2) of the LUR:
Approval of this plan shall create a vested property right pursuant to
article 68 of title 24, C.R.S. as amended.
(d) Term of Vested Rights. In recognition of the size of the Project
contemplated by this Agreement and the Project Plans, the time required to complete the
Project, the need to proceed in phases, and varying economic cycles and market
conditions likely to occur during the course of development of the Project, the County
agrees that the rights identified as vested rights in this Section 3 shall be vested for a
period of 15 years from the effective date of the County's approval of this Agreement.
(e) Adoption, Notice and Effective Date. The County has adopted this
Development Agreement as a legislative act subject to referendum, as required by C.R.S.
§ 24-68-104(2). As set forth in and required by C.RS. § 24-68-1 03(c), within 14 days
from the date hereof, the County shall cause to be published in a newspaper of general
circulation within the County, a notice advising the general public of the approval of the
Phase 1 Final Plat as a Site Specific Development Plan and the creation of vested
property rights pursuant to this Development Agreement and C.RS. §§ 24-68-101 et. seq.
The effective date of the County's approval of this Development Agreement shall be the
date of said publication.
4. No Obligation to Develop. Notwithstanding anything to the contrary contained in
this Agreement and the Project Plans, Developer shall have no obligation to develop all or any
portion of the Property, except as set forth in the Subdivision Improvements Agreement for
Phase 1 as the same may be amended. In the event Developer does not commence development
of Phase 2 within the time frame set forth in the Phasing Plan and described below, the terms of
this Section 4 shall apply.
(a) In accordance with the Phasing Plan, the date for start of construction for
Phase 1 shall be April 2011. Therefore, according to the Phasing Plan, the start of
construction for Phase 2 must commence by April 2017.
(b) At any time before April 1, 2017, the Developer may notify the County
and the HOA of its intent not to proceed with the development of Phase 2 and subsequent
phases. In such event, the Developer may withdraw the Project Plans in accordance with
the procedure in Section 12-103(E) of the LUR.
(c) In the alternative, the County and Developer agree that the Developer shall
be in violation of the Phasing Plan on April 1, 2017 if the Developer does not file with
the County an application for approval of a final plat for Phase 2 on or before March 31,
2017, by notice to the Developer and the HOA.
(d) As soon as practicable after the effective date of the withdrawal of the
Project Plans described in Section 4(b) above, or the violation of the Phasing Plan
described in Section 4(c) above, the Developer may undertake and the County will
consider the procedures necessary to return the Property to the configuration that existed
prior to the approval of the Phase 1 Final Plat, in accordance with the procedures set forth
in 30-28-139, C.R.S. and Section 12-106 of the LUR. As part of such process and
immediately upon request of the Developer, the HOA shall convey the HOA Property to
Developer, by good and sufficient general warranty deed, free and clear of all liens and
encumbrances. Concurrently therewith, if requested by the Developer, the County shall
undertake the procedures necessary to rezone the Property from PUD to a zone district
that meets the requirements of law. Nothing in this Agreement shall be construed to
require any particular action by the BOCC on any such rezoning request.
(e) Completion of the procedures described in Section 4(b) and (d) above,
including any appeals thereof, shall constitute a forfeiture of the vested rights set forth in
this Agreement. In such event, the County may memorialize the forfeiture of the vested
rights set forth in this Agreement by resolution or other appropriate vehicle. In such
event, the Developer waives any right to notice and hearing pursuant to Section 12-
103(F) and waives all rights pursuant to Section 12-107 of the LUR.
(f) In addition to undertaking the procedures set forth in this Section 4, the
County reserves all of its rights, including but not limited to rights of enforcement, at law
or in equity with respect to the Project Plans, and including but not limited to the right to
enforce the terms of this Agreement or forfeit the rights conferred by this Agreement in
accordance with law. Except as expressly set forth in this Section 4, the Developer
reserves all of its rights at law or in equity with respect to the Project Plans and any
action of the County with respect thereto, including but not limited to the right to enforce
the terms of this Agreement.
5. Severability. If any provisions or parts of this Agreement are judged
unenforceable or invalid, to the extent practicable, such judgment shall not affect, impair, or
invalidate the remaining parts of this Agreement, the intention being that the various parts and
provisions hereof are severable.
6. Recording of Agreement. This Agreement shall be recorded with the Garfield
County Clerk and Recorder at Developer's expense and shall be a covenant running with and
against all the property, property rights, and improvements contained within the Property
described in Exhibits 1 and 2. in order to put prospective owners, purchasers, successors,
assigns, and others acquiring any interest in the Property on notice as to the terms and
obligations herein.
7. Binding Effect. Unless otherwise provided herein, this Agreement shall be
binding upon Developer's heirs, successors, assigns, transferees, and any other person or entity
acquiring or purchasing any interest in any of the Property .
8. Notice. Any notice to Developer or the County, which may be given under the
terms of this Agreement, shall be in writing and shall be deemed sufficiently given when sent
certified U.S. Mail and first class mail, postage prepaid, addressed as follows:
TO DEVELOPER:
Spring Valley Holdings, LLC
Attn: Stephanie Zimmerman
Seligman Western Enterprises, Ltd.
One Towne Square,
Suite 1913
Southfield, MI 48076
Phone:248-351-4876
TO THE HOA:
Spring Valley Ranch Community Master Association, Inc.
Attn:
P.O. Box 1146
4000 County Road 115
Glenwood Springs, CO 81602
Phone: 415.658.2889
TO THE COUNTY:
Garfield County Board of County Commissioners
Attn: Community Development Director
108 Eighth Street, Suite 401
Glenwood Springs, CO 81601
Phone: 970.945.8212
Fax: 970.384.3470
The Parties shall provide notice of any change in the above -referenced information.
9. Applicable Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Colorado
10. Counterparts. This Agreement may be executed in counterparts, each of which
will constitute one and the same instrument.
IN WITNESS WHEREOF, and agreeing to be fully bound by the terms of this
Agreement, the Parties have set their hands below on this day of , 20 ,
DEVELOPER:
SPRING VALLEY HOLDINGS, LLC,
a Delaware Limited Liability Company
By:
Name:
Its:
ASSOCIATION:
SPRING VALLEY RANCH COMMUNITY
MASTER ASSOCIATION, INC.,
a Colorado non-profit corporation
By:
Name:
Its:
COUNTY:
By:
Name:
Its: Chairman
ATTEST:
By:
Clerk of the Board
EXFIIBIT 1
DEVELOPER'S PROPERTY
LEGAL DESCRIPTION OF DEVELOPER'S PROPERTY
A parcel of land located in Sections 14, 15, 16, 20, 21, 22, 23, 26, 27, 28, 29, 32, 33, and 34,
Township 6 South, Range 88 West, Sixth Principal Meridian being more particularly described
as follows:
Beginning at the Northwest Corner of said Section 20 being a 2 -inch Aluminum Cap (P.E.L.S.
5933); thence S 88°16'08" E 2627.19 feet along the north line of said Section 20 to the North
Quarter Corner of said Section 20 being a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence S
88°15'48" E 2625.91 feet along the north line of said Section 20 to the Northeast Corner of said
Section 20 being a 2-1/2 inch GLO Brass Cap found in place said corner also being on the west
line of said Section 16; thence N 00°00'14" W 2631.77 feet along the west line of said Section
16 to the East Quarter Corner of Section 17, T. 6 S., R. 88 W., 6th P.M. being a 2-1/2 inch GLO
Brass Cap found in place; thence N 00°08'04" W 340.70 feet continuing along the west line of
said Section 16 to the West Quarter Corner of said Section 16 being a 2-1/2 inch GLO Brass Cap
found in place; thence N 00°01'47' E 1047.99 feet continuing along the west line of said Section
16 to the southwest comer of a parcel of land described in Book 795, Page 980 in the office of
the Garfield County Clerk and Recorder; thence the following three courses along the boundary
of said parcel described in Book 795, Page 980:
1. thence N 89°16'47" E 334.10 feet;
2. thence N 03°35'47" E 252.06 feet;
3. thence N 88°27'52" W 349.87 feet to a point on the west line of said Section 16;
thence N 00°01'47" E 977.15 feet along the west line of said Section 16 to the Northeast Corner
of said Section 17 being a 2-1/2 inch GLO Brass Cap found in place; thence N 00°01'20" W
344.80 feet continuing along the west line of said Section 16 to the Northwest Corner of said
Section 16 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°57'15" E 2703.26
feet along the north line of said Section 16 to the North Quarter Corner of said Section 16 being
a 2-1/2 inch GLO Brass Cap found in place; thence N 89°57'09" E 2637.87 feet continuing
along the north line of said Section 16 to the Northeast Corner of said Section 16 being a 2-1/2
inch GLO Brass Cap found in place; thence N 89°58'17" E 2638.56 feet along the north line of
said Section 15 to the North Quarter Comer of said Section 15 being a 2-1/2 inch GLO Brass
Cap found in place; thence S 89°59'36" E 1318.31 feet continuing along the north line of said
Section 15 to the west line of the NE1/4NE1/4 of said Section 15 being a 3 -inch Aluminum Cap
(L.S. 15710) found in place whence the northeast comer of said Section 15 being a 2-1/2 inch
GLO Brass Cap found in place bears 5 89°59'36" E 1318.31 feet; thence S 00°00'09" E 1312.36
feet along the west line of the NE1/4NE1/4 of said Section 15 to the southwest comer of the
NE1/4NE1/4 of said Section 15 being a 3 -inch Aluminum Cap (L.S. 15710) found in place;
thence N 89°55'46" E 1317.67 feet along the south line of the NE1/4NE1/4 of said Section 15 to
the southeast comer of the NEI/4NE1/4 of said Section 15 being a 3 -inch Aluminum Cap (L.S.
15710) found in place; thence S 89°58'46" E 1320.64 feet along the north line of the
SW1/4NW1/4 of said Section 14 to the northeast corner of the SW1/4NW1/4 of said Section 14
being a 3 -inch Aluminum Cap (L.S. 15710) found in place; thence S 00°01'34" W 1312.94 feet
along the east line of the S W 1 /4NW 1/4 of said Section 14 to the southeast comer of the
SW1/4NW1/4 of said Section 14 being a 2-inch Aluminum Cap (P.E.L.S. 5933); thence S
00°01'19" E 2647.58 feet along the east line of the W1/2SW1/4 of said Section 14 to the
southeast comer of the W1/2SW1/4 of said Section 14 being a 2-inch Aluminum Cap (P.E.L.S.
5933); thence S 89°59'40" E 1318.39 feet along the north line of said Section 23 to the North
Quarter Comer of said Section 23 being a 2-1/2 inch GLO Brass Cap found in place; thence S
00°05'23" E 5277.46 feet along the east line of the W1/2 of said Section 23 to the South Quarter
Corner of said Section 23 being a 2-1/2 inch GLO Brass Cap found in place; thence S 00°00'49"
W 5529.94 feet along the east line of the W1/2 of said Section 26 to the South Quarter Corner of
said Section 26 being a 2-1/2 inch GLO Brass Cap found in place; thence S 84°59'30" W 31.37
feet along the south line of said Section 26 to the North Quarter Corner of Section 35, T. 6 S., R.
88 W., 6th P.M., being a 2-1/2 inch GLO Brass Cap found in place; thence S 84°41'15" W
1292.34 feet along the south line of said Section 26 to the southeast corner of Lot 14 of said
Section 26 being a 2-inch Aluminum Cap (P.E.L.S. 5933); thence N 00°21'37" E 372.49 feet
along the east line of said Lot 14, Section 26 to the northeast comer of said Lot 14 being a 2-inch
Aluminum Cap (P.E.L.S. 5933); thence N 89°53'31" W 1611.72 feet along the north line of said
Lot 14 to the northwest corner of said Lot 14 being a 2-inch Aluminum Cap (P.E.L.S. 5933);
thence S 00°00'14" W 525.17 feet along the west line of said Lot 14 to the Southwest Comer of
said Section 26 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°14'59" W
2647.44 feet along the south line of said Section 27 to the South Quarter Corner of said Section
27 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°17'11" W 1319.72 feet along
the north line of said Section 34 to the northeast corner of the W 1 /2NW 1 /4 of said Section 34
being a 2-inch Aluminum Cap (P.E.L.S. 5933) whence the Northwest Comer of said Section 34
being a 2-1/2-inch GLO Brass Cap found in place bears N 89°17'11" W 1319.72 feet; thence S
00°05'58" E a distance of 2353.81 feet to a point on the northerly right-of-way of. Garfield
County Road 115; thence the following three courses along the northerly right-of-way of said
County Road 115:
1. thence 235.33 feet along the arc of a non tangent curve to the right having a radius of
639.07 feet, a central angle of 21°05'53", and the chord bears N 67°17'16" W a distance
of 234.00 feet;
2. thence N 56°44'19" W a distance of 393.81 feet;
3. thence 166.52 feet along the arc of a tangent curve to the left having a radius of 310.00
feet, a central angle of 30°46'36", and the chord bears N 72°07'37" W a distance of
164.52 feet;
thence departing said Garfield County Road 115 N 10°35'55" W a distance of486.06 feet;
thence S 84°55'34" W a distance of 563.88 feet; thence S 16°02'33" W a distance of 630.62 feet
to a point on the northerly right-of-way of said Garfield County Road 115; thence the following
thirty courses along the northerly right-of-way of said County Road 115:
1. thence 168.86 feet along the arc of a non tangent curve to the right having a radius of
2141.07 feet, a central angle of 04°31'07", and the chord bears S 89°13'00" W a distance
of 168.81 feet;
2. thence 159.12 feet along the arc of a tangent curve to the right having a radius of 170.00
feet, a central angle of 53°37'43", and the chord bears N 61°42'35" W a distance of
153.37 feet;
3. thence 460.26 feet along the arc of a tangent curve to the right having a radius of 699.53
feet, a central angle of37°41'54", and the chord bears N 16°02'47' W a distance of
452.01 feet;
4. thence N 02°48'10" E a distance of 238.01 feet;
5. thence 429.79 feet along the arc ofa tangent curve to the left having a radius of 912.82
feet, a central angle of 26°58'38", and the chord bears N 10°41'09" W a distance of
425.83 feet;
6. thence N 24°1027" W a distance of 644.62 feet;
7. thence 504.76 feet along the arc ofa tangent curve to the left having a radius of 809.79
feet, a central angle of 35°42'49", and the chord bears N 42°01'52" W a distance of
496.63 feet;
8. thence N 59°53'17" W a distance of 459.39 feet;
9. thence 167.17 feet along the arc ofa tangent curve to the right having a radius of 370.00
feet, a central angle of 25°53'11", and the chord bears N 46°56'42" W a distance of
165.75 feet;
10. thence N 34°00'06" W a distance of 1152.91 feet;
11. thence 1191.15 feet along the arc ofa tangent curve to the right having a radius of
2377.42 feet, a central angle of 28°42'24", and the chord bears N 19°38'54" W a distance
of 1178.73 feet;
12. thence 245.56 feet along the arc ofa tangent curve to the left having a radius of 430.00
feet, a central angle of 32°43'14", and the chord bears N 21°39'19" W a distance of
242.24 feet;
13. thence 376.29 feet along the arc of a tangent curve to the right having a radius of 1361.75
feet, a central angle of 15°49'57", and the chord bears N 30°05'57" W a distance of
375.10 feet;
14. thence N 22°10'58" W a distance of 307.62 feet;
15. thence 580.97 feet along the arc of a tangent curve to the left having a radius of 654.56
feet, a central angle of 50°51'15", and the chord bears N 47°36'36" W a distance of
562.09 feet;
16. thence N 73°02'14" W a distance of 636.67 feet;
17. thence 351.46 feet along the arc ofa tangent curve to the right having a radius of 766.12
feet, a central angle of 26°17'03", and the chord bears N 59°53'42" W a distance of
348.38 feet;
18. thence N 46°45'10" W a distance of 235.64 feet;
19. thence 181.70 feet along the arc of a tangent curve to the left having a radius of 407.41
feet, a central angle of 25°33'14", and the chord bears N 59°31'47" W a distance of
180.20 feet;
20. thence N 72°18'24" W a distance of 432.60 feet;
21. thence 264.71 feet along the‘arc ofa tangent curve to the right having a radius of 420.00
feet, a central angle of 36°06'40", and the chord bears N 54°15'04" W a distance of
260.35 feet;
22. thence 202.78 feet along the arc ofa tangent curve to the right having a radius of 933.47
feet, a central angle of 12°26'47", and the chord bears N 29°58'21" W a distance of
202.38 feet;
23. thence N 23°44'57" W a distance of 73.66 feet;
24. thence 691.16 feet along the arc ofa tangent curve to the left having a radius of 1111.34
feet, a central angle of 35°38'00", and the chord bears N 4I°3357" W a distance of
680.07 feet;
25. thence N 59°22'57" W a distance of 217.30 feet;
26. thence 332.51 feet along the arc ofa tangent curve to the left having a radius of 930.00
feet, a central angle of 20°29'08", and the chord bears N 69°37'3I" W a distance of
330.75 feet;
27. thence N 79°52'05" W a distance of 452.89 feet;
28. thence 416.54 feet along the arc of a tangent curve to the right having a radius of 5288.82
feet, a central angle of 04°30'45", and the chord bears N 77°36'43" W a distance of
416.43 feet;
29. thence 250.87 feet along the arc of a curve to the right having a radius of 5288.82 feet,
and a central angle of 02°43'04", and the chord bears N 73°59'48" W a distance of 250.84
feet;
30. thence N 72°38'16" W 1244.87 feet to a point on the accepted east line of Lot 4 of said
Section 20 whence the southeast corner of a parcel of land recorded under reception
number 467225 in the office of the Garfield County Clerk and Recorder being a 2 -inch
Aluminum Cap (P.E.L.S. 5933) and accepted as a point on the east line of said Lot 4
bears S 01°51'02" W 9.41 feet;
thence N 01°51'02" E 490.79 feet along the accepted east line of said Lot 4 to the northeast
comer of said Lot 4 being a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence N 88°18'52" W
1429.59 feet along the north line of said Lot 4 and Lot 3 of said Section 20 to the northwest
comer of said Lot 3 being a 2 -inch Aluminum Cap (P.E.L.S. 5933) whence the Southwest
Corner of said Lot 20 being a 2-1/2 inch Aluminum Cap (P.L.S. 27929) found in place bears S
00°06'31" E 1008.11 feet; thence N 00°06'31" W 1630.93 feet along the west line of said
Section 20 to the West Quarter Comer of said Section 20 being a 2 -inch Aluminum Cap
(P.E.L.S. 5933); thence N 00°04'12" E 2632.88 feet along the west line of said Section 20 to the
Northwest Corner of said Section 20 being the POINT OF BEGINNING containing 5198.85
acres more or less, prior to the following excepted parcel:
EXCEPTING THE FOLLOWING PARCEL:
Section 15 Exception:
A parcel of land being the Northwest Quarter of the Southwest Quarter of Section 15, Township
6 South Range 88 West, of the Sixth Principal meridian, said parcel being further described as
follows:
Beginning at the West Quarter corner of said Section 15 being a 2-I/2 inch GLO Brass Cap
found in place, thence N 89°51'07" E 1323.59 feet along the North line of the NW I/4SW 1 /4 of
said Section 15 to the northeast comer of the NW1/4SW1/4 of said Section 15; thence S
00°01'49" E 1540.50 feet along the East Inc of the NW 1/4SW 114 of said Section 15 to the
Southeast Corner of the NW I/4SW 114; thence S 89°58'25" W 1323.59 feet along the south line
of the NW I/4SW 1 /4 of said Section 15 to the southwest corner of the NW I /4SW 1/4 of said
section 15; whence the Southwest Comer of said Section 15 being a 2-1/2 inch GLO Brass Cap
found in place bears S 00°01'49" E 1537.70 feet; thence N 00°01'49" W 1537.70 feet along the
west line of the NW1/4SW1/4 of said section 15 to the northwest corner of the NW1/4SW1/4 of
said section 15 being the POINT OF BEGINNING containing 46.76 acres more or less.
The total area minus the exception parcel is 5,152.09 acres more or less.
ALONG WITH:
A parcel of land located in Sections 33 and 34, Township 6 South, Range 88 West, Sixth
Principal Meridian being more particularly described as follows:
Beginning at the Quarter Corner common to said Sections 33 and 34 being a 2 -inch Aluminum
Cap (P.E.L.S 5933) thence N 88°27'45" W a distance of 551.40 feet along the south line of the
NEI/4 of said Section 33 to a point on the southerly right-of-way of Garfield County Road 114;
thence along the southerly right-of-way of said Garfield County Road 114 the following two
courses:
1. thence N 40°27'03" E a distance of 70.18 feet;
2. thence 388.21 feet along the arc of a tangent curve to the right having a radius of 470.00
feet, a central angle of 47°19'32", and the chord bears N 64°06'49" E a distance of 377.27
feet to a point on the southerly right-of-way of Garfield County Road 115;
thence the following four courses along the northerly right-of-way of said Garfield County Road
115:
1. thence 766.87 feet along the arc of a tangent curve to the left having a radius of 2201.07
feet, a central angle of 19°57'44", and the chord bears N 77°47'43" E a distance of 763.00
feet;
2. thence 241.93 feet along the arc of a tangent curve to the right having a radius of 250.00
feet, a central angle of 55°26'50", and the chord bears S 84027'44" E a distance of 232.60
feet;
3. thence S 56°44'19" E a distance of 393.81 feet;
4. thence 270.44 feet along the arc of a tangent curve to the left having a radius of 699.07
feet, a central angle of 22°09'54", and the chord bears S 67°49'16" E a distance of 268.75
feet to a point on the east line of the W 1/2NW 1 /4 of said Section 34;
thence S 00°05'58" E a distance of 50.95 feet along the east line of the W1/2NW1/4 of said
Section 34 to the southeast corner of the W 1/2NW 1/4 of said Section 34 being a 2 -inch
aluminum cap (P.E.L.S 5933); thence S 89°51'39" W a distance of 1389.27 feet along the south
line of the W1/2NW1/4 of said Section 34 to the point of beginning; containing 10.95 acres more
or less.
The combined area of the above described two parcels and excluding the five exception parcels
is 5,163.04 acres more or less.
EXHIBIT 2
HOA PROPERTY
• OSP Parcel A
• OSP Parcel B
• OSR Parcel A
• OSR Parcel B
of Phase 1, Spring Valley Ranch PUD, Garfield County, Colorado, according to the
Amended Plat thereof filed with the Garfield County Recorder as Reception No. 828064
Karp_Neu_HAanlYonw
Karl J. Hanlon
kih@mountainlawfirm.com
mountainlawfirm.com
December 28, 2016
Sander N. Karp*
James S. Neu
Karl J. Hanlon
Michael J. Sawyer
James F. Fosnaught
Jeffrey J. Conklin
Andrew A. Mueller
* Fellow of Nie College of
Labor and Employment
Lawyers
Hand Delivery
David Pesnichak, AICP
Community Development Department
Garfield County
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Matthew L. Trinidad
Patrick L. Barker
Jon T. Hoistad
Delphine F. Janey
Of Counsel
Richard I. Zuber**
Anna S. Itenberg
Greg S. Russi
Mollie L. Wieland
** Fellow of the American
Academy of Matrimonial Lingers
Glenwood Springs Office
201 14th Street, Suite 200
P. O. Drawer 2030
Glenwood Springs, CO 81602
Aspen Office***
323 W. Main Street, Suite 301
Aspen, CO 81611
Montrose Once ***
1544 Oxbow Drive, Suite 224
Montrose, CO 81402
Telephone: (970) 945-2261
Facsimile: (970) 945-7336
www.mountainlawfirm.com
***A!! correspondence should be sent to the
Glenwood Springs office
Re: Response to NTC Letter Spring Valley Ranch — Vested Rights and Phasing Plan
Amendment Garfield County File Number PUAA-10-16-8493
Dear David:
Thank you for your letter regarding Spring Valley Holdings' application for a vested rights and
phasing plan amendment for Spring Valley Ranch. The following addresses the numbered items in
your October 31, 2016, letter.
SSDP, Vested Rights and Applicable County Code:
1. According to the Development Agreement signed on September 7, 2010, Spring Valley
obtained Vested Rights pursuant to Article 68 of Title 24, C.R.S. and the County Land Use
Resolution in place at the time of approval. According to this Article (C. R. S. 24-68-102.5(1)):
Except as otherwise provided irr subsection (2) of this section, an application jbr approval
of a site specific development plan as well as the approval, conditional approval, or denial
of approval of the plan shall be governed only by the duly adopted laws and regulations in
effect at the time the application is submitted to a local government. For purposes of this
section, ''laws and regulations" includes any zoning law of general applicability adopted by
a local government as well as any zoning or development regulations' that have previously
been adoptedfor the particular parcel described in the plan and that remain in effect tit the
time of the application for approval of the plan.
At the time Spring Valley Ranch vested their property rights, the County was under the
Unified Land Use Resolution of 2008 (UL UR), not the current Land Use and Development
Code of 2013 (LUDC). As a result, any amendments to the Development Agreement or
Karp_Neu_HAaonlo l
Spring Valley Ranch Vesting Rights and Phasing Plan Amendment
Garfield County File Number PUAA-10-16-8493
Page 2
Phasing Plan appear to fall under the parameters of the UL UR. However, the application has
been prepared for the LUDC requirements. Please address this issue of the appropriate
vested Code as it will impact the process for which the application is processed.
Upon review of the 2008 ULUR and the 2013 LUDC it does appear that 2008 ULUR may apply.
Regardless of whether the 2008 ULUR applies the application materials requested in the Pre -
Application Conference Summary have been provided. If the Director determines the 2008 ULUR
applies the Applicant requests that an updated Pre -Application Conference Summary be issued to
help clarify any additional materials being requested or changes to the review process.
Development Agreement and Phasing Schedule:
2. Development Agreement:
a, It is understood that the submitted Development Agreement is a restatement of the
Development Agreement for Spring Valley Ranch Planned Unit Development
recorded at Reception Number 793248. Please provide a redline copy of this draft
Development Agreement.
Please see attached redline and clean copies of the draft development agreement.
b. It is unclear whether the proposal is to extend the Vested Rights timeframe from 15
years to a longer length of time or to restart the 15 year Vested Rights timeframe
over again. The draft Development Agreement did not change the Vested timeframe
from the 15 years as was originally approved. While it appears that the Board may
extend the Vested timeframe according to the ULUR, starting the Vested timeframe
clock over again would be a more difficult hurdle.
Applicant seeks only to extend the vested rights by five (5) years consistent with the revised
Phasing Plan.
3. Phasing Schedule:
a. Please provide a redline version of the proposed Phasing Schedule.
Please see attached redline copy of the proposed Phasing Schedule.
b. The submitted Project Description states that "the Applicant is requesting a
specific language change from the approved Resolution 2010-38, Exhibit D —
Phasing Schedule." However, this Phasing Schedule was replaced in 2012 under
Resolution 2012-95 which included changes to both the elements in each Phase and
the Start of Construction date. As a result, any amendments to this Phasing Schedule
should be from the most current version adopted in 2012. Please provide an
Karp_Neu_HAanlonm
Spring Valley Ranch Vesting Rights and Phasing Plan Amendment
Garfield County File Number PUAA-10-16-8493
Page 3
updated Project Description and Phasing Schedule based on the approved 2012
approval.
Please see attached proposed Phasing Schedule (both redlined and clean).
c. The Project Description letter states that "The Applicant is requesting modification
of the Phasing schedule associated with both the approved PUD for Springs Valley
Ranch by adding 5 years to the estimated start of construction dates." However, a
review of the proposed Phasing Schedule when compared to the approved Phasing
Schedule from Resolution 2012-95 show inconsistent extensions for each phase.
Please explain this discrepancy between the request letter and the proposed Phasing
Schedule.
The correct changes are now incorporated into the redlined 2012 phasing schedule.
KJH:ap
Enclosures
cc: Client
Very truly yours,
KARP NEU HANLON, P.C.
1�.yia on
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
SPRING VALLEY RANCH PLANNED UNIT DEVELOPMENT
THIS AGREEMENT, is made and entered into between the BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF GARFIELD, a body politic and corporate (the
"County"), SPRING VALLEY HOLDINGS, LLC, a Delaware Limited Liability Company
("Developer"), and SPRING VALLEY RANCH COMMUNITY MASTER ASSOCIATION,
INC., a Colorado non-profit corporation (the "HOA"). The County, Developer, and the HOA may
hereinafter be referred to collectively as the "Parties".
WITNESSETH:
A. Developer is the owner of certain real property located in Garfield County,
Colorado, more particularly described in Exhibit 1 ("Developer's Property"). The HOA is the
owner of certain real property located in Garfield County, Colorado, more particularly described
in Exhibit 2 ("HOA Property"), which property was conveyed to the HOA by Developer for the
purposes described in the Project Plans (defined below). The Developer's Property and HOA
Property are collectively referred to as the "Property."
B. By Resolution No. 2008-55, which was approved in a public hearing before the
Garfield County Board of County Commissioners on December 7, 2007 and memorialized in a
Resolution signed on April 21, 2008, recorded in the real property records of Garfield County as
Reception No. 747015, and corrected by Resolution No. 2010-38, the Garfield County Board of
County Commissioners (the "Board") approved the Spring Valley Ranch Planned Unit
Development (the "SVR PUD"). The SVR PUD contemplates residential and commercial uses
with significant active and passive open space areas (the "Project"), as documented in Resolution
2010-38, recorded in the real property records of Garfield County as Reception No. 786992 and
incorporated by this reference.
C. By Resolution No. 2008-56, which was approved in a public hearing before the
Garfield County Board of County Commissioners on December 7, 2007 and memorialized in a
Resolution signed on April 21, 2008, recorded in the real property records of Garfield County as
Reception No. 747016, the Board approved the Preliminary Plan for the SVR PUD (the "SVR
Preliminary Plan").
D. By Resolution No. 2012-95, which was approved in a public hearing before the
Garfield County Board of County Commissioners on November 13, 2012, the Development
Agreement was amended to include 21 phases, dates of completion, and the HOA property
description.
DQE. The SVR PUD and SVR Preliminary Plan contemplate eleven (11)twenty-one (21)
separate phases of development for the Project, wherein each phase will require final plat approval.
EBF. The SVR PUD and SVR Preliminary Plan provide that the first phase of
development of the Project will consist of one parcel (P-1) owned by Developer, on which is
1
located an existing dwelling unit, and the HOA Property, which consists of open space and limited
entryway improvements ("Phase 1 "). Developer does not plan, and Phase 1 does not contemplate,
any new dwelling units. The County and the Developer recognize that this configuration represents
a unique factual situation that does not create or imply any precedents for other developments in
the County.
FG. The SVR PUD provides that the start of construction for each phase is based on the
date of approval of the final plat for Phase 1 (the "Phase 1 Final Plat"); provided, however, that
the final plats for all phases of the Project are approved no later than fifteen (15) years after the
date of approval of the Phase 1 Final Plat (the "Phasing Plan").
FF�H. By motion, dated July 21, 2008, the Board approved an extension of not more than
one (1) year for Developer to commence development of the Project or submit an application for
the Phase 1 Final Plat (the "Approved Extension").
I4 I. Developer submitted a complete application for the approval by the County of the
Phase 1 Final Plat in the time period allowed by the Approved Extension and has,
contemporaneously herewith, brought the Phase 1 Final Plat before the Board for final approval.
The County has considered and approved the application for approval of the Phase 1 Final Plat
and the request to approve this Development Agreement, after notice and public hearing as
required by law, and pursuant to the requirements of Section 5-305 of the Garfield County Land
Use Resolution of 2008 (the "LUR"). The County finds and determines that the Phase 1 Final Plat
constitutes a "Site Specific Development Plan," as that term is defined in C.R.S. § 24-68- 102(4)(a)
and Section 1-202(B) of the LUR.
LJ. The Vested Property Rights Statute C.R.S. §§ 24-68-101 et seq. (the "Statute") and
the LUR provide for the establishment of vested property rights in order to advance the purposes
stated therein, and authorize the County to enter into development agreements with landowners
providing for vesting of property development for periods greater than three (3) years.
1,K. Development of the Property in accordance with the SVR PUD, SVR Preliminary
Plan, Phase 1 Final Plat, and such future final plats that are approved for the various phases of the
Project (collectively, the "Project Plans") will provide for orderly, well planned growth in
accordance with the policies and goals stated in the Garfield County Comprehensive Plan, provide
significant trails and open space, promote diversity of housing stock, ensure reasonable certainty
and stability in the land use planning process, stimulate economic growth within the County, and
otherwise achieve the goals and purposes of the Statute and LUR.
I€L. Development of the Property will also require substantial investments in
infrastructure improvements and public facilities, both on the Property and outside the Property,
which will serve the needs of the Property and the County. Such investments can be supported
only with assurances that development of the Property can proceed to ultimate completion as
provided in the Project Plans and this Agreement.
&M. In exchange for the foregoing benefits and other benefits to the County
contemplated by this Agreement, together with the public benefits served by orderly and well
2
planned development of the Property, Developer desires to receive vested property rights in the
Project Plans in accordance with this Agreement.
MN. In addition, and notwithstanding the foregoing recitals, in light of the current
difficulties and volatility of the national housing and lending market, it may not be prudent for
Developer to undertake the large expenditures of funds necessary to commence development of
Phase 2 and subsequent phases within the time frame set forth in the Phasing Plan. In the event
Developer decides not to commence development of phases subsequent to Phase 1 within the time
frame set forth in the Phasing Plan or otherwise does not comply with the Phasing Plan, Developer
seeks the County's assurance that it will undertake the procedures necessary to return the Property
to its prior configuration and rezone the Property from PUD to a zone district that meets the
requirements of law. In such event, Developer further seeks the HOA's assurance that it will re -
convey the HOA Property back to Developer for the purpose of effectuating the return of the
Property to its prior configuration.
N -O. The mutual promises, covenants, and obligations contained in this Agreement are
authorized by the statutes of the State of Colorado and the laws of the County.
NOW, THEREFORE, in consideration of the promises cited above and the mutual
covenants and promises contained herein, the sufficiency of which is acknowledged, the County
and Developer agree as follows:
1. Incorporation of Recitals. The Parties agree that the aforesaid recitals are true and
correct, and those recitals are hereby incorporated into the body of this Agreement.
2. General Provisions.
(a) Scope. The terms and conditions of this Agreement shall apply to the
Property.
(b) Phasing. Construction of the Project is anticipated to occur in up to eleven
(11)twenty-one (21) phases, with Phase 1 being the initial phase of the Project, and
construction of subsequent phases occurring in accordance with the Phasing Plan set forth
in the SVR PUD.
3. Vesting of Certain Property Rights. The County and Developer hereby agree that
Developer shall have a vested property right to the extent provided in this Agreement to undertake
and complete development and use of the Property.
(a) Intent of Vesting System. The vesting system set forth in this Section 3
balances the County's obligation to protect the public health, safety and welfare of the
community and its desire to facilitate the highest quality development with Developer's
private property rights and Developer's need to rely on County approvals to achieve an
economically viable project.
(b) Overview of Vesting System.
3
(i) Nature of Vested Rights. During the term of vested rights set forth
in Section 3(d) below, Developer will have the right to develop uses at such
densities and in the general locations on the Property described in the approved
Project Plans. Upon County approval of any future final plats that are approved for
the various phases of the Project, such plats shall automatically be entitled to the
same vested rights as have been granted herein for the same period of vesting which
remains under this Agreement.
(c) Rights That Are Vested. The rights identified herein or as may hereafter be
acquired by operation of any state or local vested property rights law shall constitute vested
property rights under this Agreement and shall not be taken by the County without just
compensation. These rights include the following:
(i) No Downzoning. The maximum number of residential dwelling
units and acres for residential use, and the total gross acres for non-residential uses,
as set forth in the Project Plans are hereby vested.
(ii) Uses, Densities and Locations. The right to develop the Property
in accordance with the uses, densities, and general locations set forth in the Project
Plans is hereby vested.
(iii) Site Development Standards. The right to develop the Property in
accordance with the design standards, development standards, and terms and
conditions set forth in the Project Plans and the resolutions of the Board approving
the same is hereby vested.
(iv) Timing of Development. The right to commence and complete
development of the Property at such time in such order and at such rate as set forth
in the Phasing Plan of the SVR PUD. This provision of this Agreement supersedes
any County rules or regulations that require development to be commenced or
completed in any specific time frame.
(v) Subsequent Approvals. The right to receive all County approvals
necessary for development of the Project provided that subsequent final plat
submittals or applications for other approvals comply with this Agreement and the
-Project Plans, and all applicable standards and regulations, including then -current
duly -adopted, generally applicable regulations.
(vi) Site Specific Development Plan. As to the matters vested under this
Agreement and the Project Plans, including any future final plats that are approved
by the County for the various phases of the Project, shall be considered a site-
specific development plan for the purposes of the Statute and Sections 1-201 and 1-
202 of the LUR. The following statement is provided to satisfy the requirements
of Section 4-502(H)(2) of the LUR:
Approval of this plan shall create a vested property right pursuant to
article 68 of title 24, C.R.S. as amended.
4
(d) Term of Vested Rights. In recognition of the size of the Project
contemplated by this Agreement and the Project Plans, the time required to complete the
Project, the need to proceed in phases, and varying economic cycles and market conditions
likely to occur during the course of development of the Project, the County agrees that the
rights identified as vested rights in this Section 3 shall be vested for a period of fifteen.
(15) years from the effective date of the County's approval of this Agreement.
(e) Adoption, Notice and Effective Date. The County has adopted this
Development Agreement as a legislative act subject to referendum, as required by C.R.S.
§ 24-68-104(2). As set forth in and required by C.RS. § 24-68-103(c), within 14 days from
the date hereof, the County shall cause to be published in a newspaper of general circulation
within the County, a notice advising the general public of the approval of the Phase 1 Final
Plat as a Site Specific Development Plan and the creation of vested property rights pursuant
to this Development Agreement and C.RS. §§ 24-68-101 et. seq. The effective date of the
County's approval of this Development Agreement shall be the date of said publication.
4. No Obligation to Develop. Notwithstanding anything to the contrary contained in
this Agreement and the Project Plans, Developer shall have no obligation to develop all or any
portion of the Property, except as set forth in the Subdivision Improvements Agreement for Phase
1 as the same may be amended. In the event Developer does not commence development of Phase
2 within the time frame set forth in the Phasing Plan and described below, the terms of this Section
4 shall apply.
(a) In accordance with the Phasing Plan, the date for start of construction for
Phase 1 shall be April 2014. Therefore, according to the Phasing Plan. the start of
construction for Phase 2 must commence by April 20172022.
(b) At any time before April 1, 20172022, the Developer may notify the County
and the HOA of its intent not to proceed with the development of Phase 2 and subsequent
phases. In such event, the Developer may withdraw the Project Plans in accordance with
the procedure in Section 12-103(E) of the LUR.
(c) In the alternative, the County and Developer agree that the Developer shall
be in violation of the Phasing Plan on April 1, 2017 2022 if the Developer does not file
with the County an application for approval of a final plat for Phase 2 on or before March
31, 20172022, by notice to the Developer and the HOA.
(d) As soon as practicable after the effective date of the withdrawal of the
Project Plans described in Section 4(b) above, or the violation of the Phasing Plan described
in Section 4(c) above, the Developer may undertake and the County will consider the
procedures necessary to return the Property to the configuration that existed prior to the
approval of the Phase 1 Final Plat, in accordance with the procedures set forth in 30-28-
139, C.R.S. and Section 12-106 of the LUR. As part of such process and immediately upon
request of the Developer, the HOA shall convey the HOA Property to Developer, by good
and sufficient general warranty deed, free and clear of all liens and encumbrances.
Concurrently therewith, if requested by the Developer, the County shall undertake the
procedures necessary to rezone the Property from PUD to a zone district that meets the
5
requirements of law. Nothing in this Agreement shall be construed to require any particular
action by the BOCC on any such rezoning request.
(e) Completion of the procedures described in Section 4(b) and (d) above,
including any appeals thereof, shall constitute a forfeiture of the vested rights set forth in
this Agreement. In such event, the County may memorialize the forfeiture of the vested
rights set forth in this Agreement by resolution or other appropriate vehicle. In such event,
the Developer waives any right to notice and hearing pursuant to Section 12-103(F) and
waives all rights pursuant to Section 12-107 of the LUR.
(f) In addition to undertaking the procedures set forth in this Section 4, the
County reserves all of its rights, including but not limited to rights of enforcement, at law
or in equity with respect to the Project Plans, and including but not limited to the right to
enforce the terms of this Agreement or forfeit the rights conferred by this Agreement in
accordance with law. Except as expressly set forth in this Section 4, the Developer reserves
all of its rights at law or in equity with respect to the Project Plans and any action of the
County with respect thereto, including but not limited to the right to enforce the terms of
this Agreement.
5. Severability. If any provisions or parts of this Agreement are judged unenforceable
or invalid, to the extent practicable, such judgment shall not affect, impair, or invalidate the
remaining parts of this Agreement, the intention being that the various parts and provisions hereof
are severable.
6. Recording of Agreement. This Agreement shall be recorded with the Garfield
County Clerk and Recorder at Developer's expense and shall be a covenant running with and
against all the property, property rights, and improvements contained within the Property described
in Exhibits 1 and 2. in order to put prospective owners, purchasers, successors, assigns, and others
acquiring any interest in the Property on notice as to the terms and obligations herein.
7. Binding Effect. Unless otherwise provided herein, this Agreement shall be binding
upon Developer's heirs, successors, assigns, transferees, and any other person or entity acquiring
or purchasing any interest in any of the Property.
8. Notice. Any notice to Developer or the County, which may be given under the
terms of this Agreement, shall be in writing and shall be deemed sufficiently given when sent
certified U.S. Mail and first class mail, postage prepaid, addressed as follows:
TO DEVELOPER:
Spring Valley Holdings, LLC
Attn: Stephanie Zimmerma
Seligman Western Enterprises, Ltd.
One Towne Square,
Suite 1913
Southfield, MI 48076
Phone: 248-351-4876
6
San Francisco, CA 94111
Phone: n i c 658 2849
TO THE HOA:
Spring Valley Ranch Community Master Association, Inc.
Attn: Attn: Daniel Goldberg
P.O. Box 1146
4000 County Road 11 S
Glenwood Springs, CO 81602
Phone: /115.658.2889
TO THE COUNTY:
Garfield County Board of County Commissioners
Attn: Community Development Director
108 Eighth Street, Suite 401
Glenwood Springs, CO 81601
Phone: 970.945.8212
Fax: 970.384.3470
The Parties shall provide notice of any change in the above -referenced information.
9. Applicable Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Colorado
10. Counterparts. This Agreement maybe executed in counterparts, each of which will
constitute one and the same instrument.
IN WITNESS WHEREOF, and agreeing to be fully bound by the terms of this Agreement,
the Parties have set their hands below on this day of , 20,
DEVELOPER:
SPRING VALLEY HOLDINGS, LLC,
a Delaware Limited Liability Company
By:
Name:
Its:
7
ATTEST:
By:
Clerk of the Board
ASSOCIATION:
SPRING VALLEY RANCH COMMUNITY
MASTER ASSOCIATION, INC.,
a Colorado non-profit corporation
By:
Name:
Its:
COUNTY:
By:
Name:
Its: Chairman
8
EXIIIBIT 1
DEVELOPER'S PROPERTY
Property description has not changed so it is only included in the clean version of this Development
Agreement.
9
EXHIBIT 2
HOA PROPERTY
• OSP Parcel A
• OSP Parcel B
• OSR Parcel A
• OSR Parcel B
of Phase 1, Spring Valley Ranch PUD, Garfield County, Colorado, according to the Amended
Plat thereof filed with the Garfield County Recorder as Reception No. 828064
10
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
SPRING VALLEY RANCH PLANNED UNIT DEVELOPMENT
THIS AGREEMENT, is made and entered into between the BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF GARFIELD, a body politic and corporate (the
"County"), SPRING VALLEY HOLDINGS, LLC, a Delaware Limited Liability Company
("Developer"), and SPRING VALLEY RANCH COMMUNITY MASTER ASSOCIATION,
INC., a Colorado non-profit corporation (the "HOA"). The County, Developer, and the HOA may
hereinafter be referred to collectively as the "Parties".
WITNESSETH:
A. Developer is the owner of certain real property located in Garfield County,
Colorado, more particularly described in Exhibit 1 ("Developer's Property"). The HOA is the
owner of certain real property located in Garfield County, Colorado, more particularly described
in Exhibit 2 ("HOA Property"), which property was conveyed to the HOA by Developer for the
purposes described in the Project Plans (defined below). The Developer's Property and HOA
Property are collectively referred to as the "Property."
B. By Resolution No. 2008-55, which was approved in a public hearing before the
Garfield County Board of County Commissioners on December 7, 2007 and memorialized in a
Resolution signed on April 21, 2008, recorded in the real property records of Garfield County as
Reception No. 747015, and corrected by Resolution No. 2010-38, the Garfield County Board of
County Commissioners (the "Board") approved the Spring Valley Ranch Planned Unit
Development (the "SVR PUD"). The SVR PUD contemplates residential and commercial uses
with significant active and passive open space areas (the "Project"), as documented in Resolution
2010-38, recorded in the real property records of Garfield County as Reception No. 786992 and
incorporated by this reference.
C. By Resolution No. 2008-56, which was approved in a public hearing before the
Garfield County Board of County Commissioners on December 7, 2007 and memorialized in a
Resolution signed on April 21, 2008, recorded in the real property records of Garfield County as
Reception No. 747016, the Board approved the Preliminary Plan for the SVR PUD (the "SVR
Preliminary Plan").
D. By Resolution No. 2012-95, which was approved in a public hearing before the
Garfield County Board of County Commissioners on November 13, 2012, the Development
Agreement was amended to include 21 phases, dates of completion, and the HOA property
description.
E. The SVR PUD and SVR Preliminary Plan contemplate twenty-one (21) separate
phases of development for the Project, wherein each phase will require final plat approval.
F. The SVR PUD and SVR Preliminary Plan provide that the first phase of
development of the Project will consist of one parcel (P-1) owned by Developer, on which is
1
located an existing dwelling unit, and the HOA Property, which consists of open space and limited
entryway improvements ("Phase 1 "). Developer does not plan, and Phase 1 does not contemplate,
any new dwelling units. The County and the Developer recognize that this configuration represents
a unique factual situation that does not create or imply any precedents for other developments in
the County.
G. The SVR PUD provides that the start of construction for each phase is based on the
date of approval of the final plat for Phase 1 (the "Phase 1 Final Plat"); provided, however, that
the final plats for all phases of the Project are approved no later than fifteen (15) years after the
date of approval of the Phase 1 Final Plat (the "Phasing Plan").
H. By motion, dated July 21, 2008, the Board approved an extension of not more than
one (1) year for Developer to commence development of the Project or submit an application for
the Phase 1 Final Plat (the "Approved Extension").
I. Developer submitted a complete application for the approval by the County of the
Phase 1 Final Plat in the time period allowed by the Approved Extension and has,
contemporaneously herewith, brought the Phase 1 Final Plat before the Board for final approval.
The County has considered and approved the application for approval of the Phase 1 Final Plat
and the request to approve this Development Agreement, after notice and public hearing as
required by law, and pursuant to the requirements of Section 5-305 of the Garfield County Land
Use Resolution of 2008 (the "LUR"). The County finds and determines that the Phase 1 Final Plat
constitutes a "Site Specific Development Plan," as that term is defined in C.R.S. § 24-68- 102(4)(a)
and Section 1-202(B) of the LUR.
J. The Vested Property Rights Statute C.R.S. §§ 24-68-101 et seq. (the "Statute") and
the LUR provide for the establishment of vested property rights in order to advance the purposes
stated therein, and authorize the County to enter into development agreements with landowners
providing for vesting of property development for periods greater than three (3) years.
K. Development of the Property in accordance with the SVR PUD, SVR Preliminary
Plan, Phase 1 Final Plat, and such future final plats that are approved for the various phases of the
Project (collectively, the "Project Plans") will provide for orderly, well planned growth in
accordance with the policies and goals stated in the Garfield County Comprehensive Plan, provide
significant trails and open space, promote diversity of housing stock, ensure reasonable certainty
and stability in the land use planning process, stimulate economic growth within the County, and
otherwise achieve the goals and purposes of the Statute and LUR.
L. Development of the Property will also require substantial investments in
infrastructure improvements and public facilities, both on the Property and outside the Property,
which will serve the needs of the Property and the County. Such investments can be supported
only with assurances that development of the Property can proceed to ultimate completion as
provided in the Project Plans and this Agreement.
M. In exchange for the foregoing benefits and other benefits to the County
contemplated by this Agreement, together with the public benefits served by orderly and well
2
planned development of the Property, Developer desires to receive vested property rights in the
Project Plans in accordance with this Agreement.
N. In addition, and notwithstanding the foregoing recitals, in light of the current
difficulties and volatility of the national housing and lending market, it may not be prudent for
Developer to undertake the large expenditures of funds necessary to commence development of
Phase 2 and subsequent phases within the time frame set forth in the Phasing Plan. In the event
Developer decides not to commence development of phases subsequent to Phase 1 within the time
frame set forth in the Phasing Plan or otherwise does not comply with the Phasing Plan, Developer
seeks the County's assurance that it will undertake the procedures necessary to return the Property
to its prior configuration and rezone the Property from PUD to a zone district that meets the
requirements of law. In such event, Developer further seeks the HOA's assurance that it will re -
convey the HOA Property back to Developer for the purpose of effectuating the return of the
Property to its prior configuration.
O. The mutual promises, covenants, and obligations contained in this Agreement are
authorized by the statutes of the State of Colorado and the laws of the County.
NOW, THEREFORE, in consideration of the promises cited above and the mutual
covenants and promises contained herein, the sufficiency of which is acknowledged, the County
and Developer agree as follows:
1. Incorporation of Recitals. The Parties agree that the aforesaid recitals are true and
correct, and those recitals are hereby incorporated into the body of this Agreement.
2. General Provisions.
(a) Scope. The terms and conditions of this Agreement shall apply to the
Property.
(b) Phasing. Construction of the Project is anticipated to occur in up to twenty-
one (21) phases, with Phase 1 being the initial phase of the Project, and construction of
subsequent phases occurring in accordance with the Phasing Plan set forth in the SVR
PUD.
3. Vesting of Certain Property Rights. The County and Developer hereby agree that
Developer shall have a vested property right to the extent provided in this Agreement to undertake
and complete development and use of the Property.
(a) Intent of Vesting System. The vesting system set forth in this Section 3
balances the County's obligation to protect the public health, safety and welfare of the
community and its desire to facilitate the highest quality development with Developer's
private property rights and Developer's need to rely on County approvals to achieve an
economically viable project.
(b) Overview of Vesting System.
3
(i) Nature of Vested Rights. During the term of vested rights set forth
in Section 3(d) below, Developer will have the right to develop uses at such
densities and in the general locations on the Property described in the approved
Project Plans. Upon County approval of any future final plats that are approved for
the various phases of the Project, such plats shall automatically be entitled to the
same vested rights as have been granted herein for the same period of vesting which
remains under this Agreement.
(c) Rights That Are Vested. The rights identified herein or as may hereafter be
acquired by operation of any state or local vested property rights law shall constitute vested
property rights under this Agreement and shall not be taken by the County without just
compensation. These rights include the following:
(i) No Downzoning. The maximum number of residential dwelling
units and acres for residential use, and the total gross acres for non-residential uses,
as set forth in the Project Plans are hereby vested.
(ii) Uses, Densities and Locations. The right to develop the Property
in accordance with the uses, densities, and general locations set forth in the Project
Plans is hereby vested.
(iii) Site Development Standards. The right to develop the Property in
accordance with the design standards, development standards, and terms and
conditions set forth in the Project Plans and the resolutions of the Board approving
the same is hereby vested.
(iv) Timing of Development. The right to commence and complete
development of the Property at such time in such order and at such rate as set forth
in the Phasing Plan of the SVR PUD. This provision of this Agreement supersedes
any County rules or regulations that require development to be commenced or
completed in any specific time frame.
(v) Subsequent Approvals. The right to receive all County approvals
necessary for development of the Project provided that subsequent final plat
submittals or applications for other approvals comply with this Agreement and the
-Project Plans, and all applicable standards and regulations, including then -current
duly -adopted, generally applicable regulations.
(vi) Site Specific Development Plan. As to the matters vested under this
Agreement and the Project Plans, including any future final plats that are approved
by the County for the various phases of the Project, shall be considered a site-
specific development plan for the purposes of the Statute and Sections 1-201 and 1-
202 of the LUR. The following statement is provided to satisfy the requirements
of Section 4-502(H)(2) of the LUR:
Approval of this plan shall create a vested property right pursuant to
article 68 of title 24, C.R.S. as amended.
4
(d) Term of Vested Rights. In recognition of the size of the Project
contemplated by this Agreement and the Project Plans, the time required to complete the
Project, the need to proceed in phases, and varying economic cycles and market conditions
likely to occur during the course of development of the Project, the County agrees that the
rights identified as vested rights in this Section 3 shall be vested for a period of fifteen.
(15) years from the effective date of the County's approval of this Agreement.
(e) Adoption, Notice and Effective Date. The County has adopted this
Development Agreement as a legislative act subject to referendum, as required by C.R.S.
§ 24-68-104(2). As set forth in and required by C.RS. § 24-68-103(c), within 14 days from
the date hereof, the County shall cause to be published in a newspaper of general circulation
within the County, a notice advising the general public of the approval of the Phase 1 Final
Plat as a Site Specific Development Plan and the creation of vested property rights pursuant
to this Development Agreement and C.RS. §§ 24-68-101 et. seq. The effective date of the
County's approval of this Development Agreement shall be the date of said publication.
4. No Obligation to Develop. Notwithstanding anything to the contrary contained in
this Agreement and the Project Plans, Developer shall have no obligation to develop all or any
portion of the Property, except as set forth in the Subdivision Improvements Agreement for Phase
1 as the same may be amended. In the event Developer does not commence development of Phase
2 within the time frame set forth in the Phasing Plan and described below, the terms of this Section
4 shall apply.
(a) In accordance with the Phasing Plan, the date for start of construction for
Phase 1 shall be April 2014. Therefore, according to the Phasing Plan. the start of
construction for Phase 2 must commence by April 2022.
(b) At any time before April 1, 2022, the Developer may notify the County and
the HOA of its intent not to proceed with the development of Phase 2 and subsequent
phases. In such event, the Developer may withdraw the Project Plans in accordance with
the procedure in Section 12-103(E) of the LUR.
(c) In the alternative, the County and Developer agree that the Developer shall
be in violation of the Phasing Plan on April 1, 2022 if the Developer does not file with the
County an application for approval of a final plat for Phase 2 on or before March 31, 2022,
by notice to the Developer and the HOA.
(d) As soon as practicable after the effective date of the withdrawal of the
Project Plans described in Section 4(b) above, or the violation of the Phasing Plan described
in Section 4(c) above, the Developer may undertake and the County will consider the
procedures necessary to return the Property to the configuration that existed prior to the
approval of the Phase 1 Final Plat, in accordance with the procedures set forth in 30-28-
139, C.R.S. and Section 12-106 of the LUR. As part of such process and immediately upon
request of the Developer, the HOA shall convey the HOA Property to Developer, by good
and sufficient general warranty deed, free and clear of all liens and encumbrances.
Concurrently therewith, if requested by the Developer, the County shall undertake the
procedures necessary to rezone the Property from PUD to a zone district that meets the
5
requirements of law. Nothing in this Agreement shall be construed to require any particular
action by the BOCC on any such rezoning request.
(e) Completion of the procedures described in Section 4(b) and (d) above,
including any appeals thereof, shall constitute a forfeiture of the vested rights set forth in
this Agreement. In such event, the County may memorialize the forfeiture of the vested
rights set forth in this Agreement by resolution or other appropriate vehicle. In such event,
the Developer waives any right to notice and hearing pursuant to Section 12-103(F) and
waives all rights pursuant to Section 12-107 of the LUR.
(f) In addition to undertaking the procedures set forth in this Section 4, the
County reserves all of its rights, including but not limited to rights of enforcement, at law
or in equity with respect to the Project Plans, and including but not limited to the right to
enforce the terms of this Agreement or forfeit the rights conferred by this Agreement in
accordance with law. Except as expressly set forth in this Section 4, the Developer reserves
all of its rights at law or in equity with respect to the Project Plans and any action of the
County with respect thereto, including but not limited to the right to enforce the terms of
this Agreement.
5. Severability. If any provisions or parts of this Agreement are judged unenforceable
or invalid, to the extent practicable, such judgment shall not affect, impair, or invalidate the
remaining parts of this Agreement, the intention being that the various parts and provisions hereof
are severable.
6. Recording of Agreement. This Agreement shall be recorded with the Garfield
County Clerk and Recorder at Developer's expense and shall be a covenant running with and
against all the property, property rights, and improvements contained within the Property described
in Exhibits 1 and 2. in order to put prospective owners, purchasers, successors, assigns, and others
acquiring any interest in the Property on notice as to the terms and obligations herein.
7. Binding Effect. Unless otherwise provided herein, this Agreement shall be binding
upon Developer's heirs, successors, assigns, transferees, and any other person or entity acquiring
or purchasing any interest in any of the Property.
8. Notice. Any notice to Developer or the County, which may be given under the
terms of this Agreement, shall be in writing and shall be deemed sufficiently given when sent
certified U.S. Mail and first class mail, postage prepaid, addressed as follows:
TO DEVELOPER:
Spring Valley Holdings, LLC
Attn: Stephanie Zimmerman
Seligman Western Enterprises, Ltd.
One Towne Square,
Suite 1913
Southfield, MI 48076
Phone: 248-351-4876
6
TO THE HOA:
Spring Valley Ranch Community Master Association, Inc.
Attn: P.O. Box 1146
4000 County Road 11 S
Glenwood Springs, CO 81602
Phone:
TO THE COUNTY:
Garfield County Board of County Commissioners
Attn: Community Development Director
108 Eighth Street, Suite 401
Glenwood Springs, CO 81601
Phone: 970.945.8212
Fax: 970.384.3470
The Parties shall provide notice of any change in the above -referenced information.
9. Applicable Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Colorado
10. Counterparts. This Agreement may be executed in counterparts, each of which will
constitute one and the same instrument.
IN WITNESS WHEREOF, and agreeing to be fully bound by the terms of this Agreement,
the Parties have set their hands below on this day of , 20 ,
DEVELOPER:
SPRING VALLEY HOLDINGS, LLC,
a Delaware Limited Liability Company
By:
Name:
Its:
ASSOCIATION:
SPRING VALLEY RANCH COMMUNITY
MASTER ASSOCIATION, INC.,
a Colorado non-profit corporation
7
ATTEST:
By:
Clerk of the Board
By:
Name:
Its:
COUNTY:
By:
Name:
Its: Chairman
8
EXIIIBIT 1
DEVELOPER'S PROPERTY
9
LEGAL DESCRIPTION OF DEVELOPER'S PROPERTY
A parcel of land located in Sections 14, 15, 16, 20, 21, 22, 23, 26, 27, 28, 29, 32, 33, and 34,
Township 6 South, Range 88 West, Sixth Principal Meridian being more particularly described
as follows:
Beginning at the Northwest Corner of said Section 20 being a 2 -inch Aluminum Cap (P.E.L.S.
5933); thence S 88°16'08" E 2627.19 feet along the north line of said Section 20 to the North
Quarter Corner of said Section 20 being a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence S
88°15'48" E 2625.91 feet along the north line of said Section 20 to the Northeast Corner of said
Section 20 being a 2-1/2 inch GLO Brass Cap found in place said corner also being on the west
line of said Section 16; thence N 00°00'14" W 2631.77 feet along the west line of said Section
16 to the East Quarter Corner of Section 17, T. 6 S., R. 88 W., 6th P.M. being a 2-1/2 inch GLO
Brass Cap found in place; thence N 00°08'04" W 340.70 feet continuing along the west line of
said Section 16 to the West Quarter Corner of said Section 16 being a 2-1/2 inch GLO Brass Cap
found in place; thence N 00°01'47' E 1047.99 feet continuing along the west line of said Section
16 to the southwest comer of a parcel of land described in Book 795, Page 980 in the office of
the Garfield County Clerk and Recorder; thence the following three courses along the boundary
of said parcel described in Book 795, Page 980:
1. thence N 89°16'47" E 334.10 feet;
2. thence N 03°35'47" E 252.06 feet;
3. thence N 88°27'52" W 349.87 feet to a point on the west line of said Section 16;
thence N 00°01'47" E 977.15 feet along the west line of said Section 16 to the Northeast Corner
of said Section 17 being a 2-1/2 inch GLO Brass Cap found in place; thence N 00°01'20" W
344.80 feet continuing along the west line of said Section 16 to the Northwest Corner of said
Section 16 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°57'15" E 2703.26
feet along the north line of said Section 16 to the North Quarter Corner of said Section 16 being
a 2-1/2 inch GLO Brass Cap found in place; thence N 89°57'09" E 2637.87 feet continuing
along the north line of said Section 16 to the Northeast Corner of said Section 16 being a 2-1/2
inch GLO Brass Cap found in place; thence N 89°58'17" E 2638.56 feet along the north line of
said Section 15 to the North Quarter Comer of said Section 15 being a 2-1/2 inch GLO Brass
Cap found in place; thence S 89°59'36" E 1318.31 feet continuing along the north line of said
Section 15 to the west line of the NE1/4NE1/4 of said Section 15 being a 3 -inch Aluminum Cap
(L.S. 15710) found in place whence the northeast comer of said Section 15 being a 2-1/2 inch
GLO Brass Cap found in place bears 5 89°59'36" E 1318.31 feet; thence S 00°00'09" E 1312.36
feet along the west line of the NE1/4NE1/4 of said Section 15 to the southwest comer of the
NE1/4NE1/4 of said Section 15 being a 3 -inch Aluminum Cap (L.S. 15710) found in place;
thence N 89°55'46" E 1317.67 feet along the south line of the NE1/4NE1/4 of said Section 15 to
the southeast comer of the NEI/4NE1/4 of said Section 15 being a 3 -inch Aluminum Cap (L.S.
15710) found in place; thence S 89°58'46" E 1320.64 feet along the north line of the
SW1/4NW1/4 of said Section 14 to the northeast corner of the SW1/4NW1/4 of said Section 14
being a 3 -inch Aluminum Cap (L.S. 15710) found in place; thence S 00°01'34" W 1312.94 feet
along the east line of the S W 1 /4NW 1/4 of said Section 14 to the southeast comer of the
SW1/4NW1/4 of said Section 14 being a 2-inch Aluminum Cap (P.E.L.S. 5933); thence S
00°01'19" E 2647.58 feet along the east line of the W1/2SW1/4 of said Section 14 to the
southeast comer of the W1/2SW1/4 of said Section 14 being a 2-inch Aluminum Cap (P.E.L.S.
5933); thence S 89°59'40" E 1318.39 feet along the north line of said Section 23 to the North
Quarter Comer of said Section 23 being a 2-1/2 inch GLO Brass Cap found in place; thence S
00°05'23" E 5277.46 feet along the east line of the W1/2 of said Section 23 to the South Quarter
Corner of said Section 23 being a 2-1/2 inch GLO Brass Cap found in place; thence S 00°00'49"
W 5529.94 feet along the east line of the W1/2 of said Section 26 to the South Quarter Corner of
said Section 26 being a 2-1/2 inch GLO Brass Cap found in place; thence S 84°59'30" W 31.37
feet along the south line of said Section 26 to the North Quarter Corner of Section 35, T. 6 S., R.
88 W., 6th P.M., being a 2-1/2 inch GLO Brass Cap found in place; thence S 84°41'15" W
1292.34 feet along the south line of said Section 26 to the southeast corner of Lot 14 of said
Section 26 being a 2-inch Aluminum Cap (P.E.L.S. 5933); thence N 00°21'37" E 372.49 feet
along the east line of said Lot 14, Section 26 to the northeast comer of said Lot 14 being a 2-inch
Aluminum Cap (P.E.L.S. 5933); thence N 89°53'31" W 1611.72 feet along the north line of said
Lot 14 to the northwest corner of said Lot 14 being a 2-inch Aluminum Cap (P.E.L.S. 5933);
thence S 00°00'14" W 525.17 feet along the west line of said Lot 14 to the Southwest Comer of
said Section 26 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°14'59" W
2647.44 feet along the south line of said Section 27 to the South Quarter Corner of said Section
27 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°17'11" W 1319.72 feet along
the north line of said Section 34 to the northeast corner of the W 1 /2NW 1 /4 of said Section 34
being a 2-inch Aluminum Cap (P.E.L.S. 5933) whence the Northwest Comer of said Section 34
being a 2-1/2-inch GLO Brass Cap found in place bears N 89°17'11" W 1319.72 feet; thence S
00°05'58" E a distance of 2353.81 feet to a point on the northerly right-of-way of. Garfield
County Road 115; thence the following three courses along the northerly right-of-way of said
County Road 115:
1. thence 235.33 feet along the arc of a non tangent curve to the right having a radius of
639.07 feet, a central angle of 21°05'53", and the chord bears N 67°17'16" W a distance
of 234.00 feet;
2. thence N 56°44'19" W a distance of 393.81 feet;
3. thence 166.52 feet along the arc of a tangent curve to the left having a radius of 310.00
feet, a central angle of 30°46'36", and the chord bears N 72°07'37" W a distance of
164.52 feet;
thence departing said Garfield County Road 115 N 10°35'55" W a distance of486.06 feet;
thence S 84°55'34" W a distance of 563.88 feet; thence S 16°02'33" W a distance of 630.62 feet
to a point on the northerly right-of-way of said Garfield County Road 115; thence the following
thirty courses along the northerly right-of-way of said County Road 115:
1. thence 168.86 feet along the arc of a non tangent curve to the right having a radius of
2141.07 feet, a central angle of 04°31'07", and the chord bears S 89°13'00" W a distance
of 168.81 feet;
2. thence 159.12 feet along the arc of a tangent curve to the right having a radius of 170.00
feet, a central angle of 53°37'43", and the chord bears N 61°42'35" W a distance of
153.37 feet;
3. thence 460.26 feet along the arc of a tangent curve to the right having a radius of 699.53
feet, a central angle of37°41'54", and the chord bears N 16°02'47' W a distance of
452.01 feet;
4. thence N 02°48'10" E a distance of 238.01 feet;
5. thence 429.79 feet along the arc ofa tangent curve to the left having a radius of 912.82
feet, a central angle of 26°58'38", and the chord bears N 10°41'09" W a distance of
425.83 feet;
6. thence N 24°1027" W a distance of 644.62 feet;
7. thence 504.76 feet along the arc ofa tangent curve to the left having a radius of 809.79
feet, a central angle of 35°42'49", and the chord bears N 42°01'52" W a distance of
496.63 feet;
8. thence N 59°53'17" W a distance of 459.39 feet;
9. thence 167.17 feet along the arc ofa tangent curve to the right having a radius of 370.00
feet, a central angle of 25°53'11", and the chord bears N 46°56'42" W a distance of
165.75 feet;
10. thence N 34°00'06" W a distance of 1152.91 feet;
11. thence 1191.15 feet along the arc ofa tangent curve to the right having a radius of
2377.42 feet, a central angle of 28°42'24", and the chord bears N 19°38'54" W a distance
of 1178.73 feet;
12. thence 245.56 feet along the arc ofa tangent curve to the left having a radius of 430.00
feet, a central angle of 32°43'14", and the chord bears N 21°39'19" W a distance of
242.24 feet;
13. thence 376.29 feet along the arc of a tangent curve to the right having a radius of 1361.75
feet, a central angle of 15°49'57", and the chord bears N 30°05'57" W a distance of
375.10 feet;
14. thence N 22°10'58" W a distance of 307.62 feet;
15. thence 580.97 feet along the arc of a tangent curve to the left having a radius of 654.56
feet, a central angle of 50°51'15", and the chord bears N 47°36'36" W a distance of
562.09 feet;
16. thence N 73°02'14" W a distance of 636.67 feet;
17. thence 351.46 feet along the arc ofa tangent curve to the right having a radius of 766.12
feet, a central angle of 26°17'03", and the chord bears N 59°53'42" W a distance of
348.38 feet;
18. thence N 46°45'10" W a distance of 235.64 feet;
19. thence 181.70 feet along the arc of a tangent curve to the left having a radius of 407.41
feet, a central angle of 25°33'14", and the chord bears N 59°31'47" W a distance of
180.20 feet;
20. thence N 72°18'24" W a distance of 432.60 feet;
21. thence 264.71 feet along the‘arc ofa tangent curve to the right having a radius of 420.00
feet, a central angle of 36°06'40", and the chord bears N 54°15'04" W a distance of
260.35 feet;
22. thence 202.78 feet along the arc ofa tangent curve to the right having a radius of 933.47
feet, a central angle of 12°26'47", and the chord bears N 29°58'21" W a distance of
202.38 feet;
23. thence N 23°44'57" W a distance of 73.66 feet;
24. thence 691.16 feet along the arc ofa tangent curve to the left having a radius of 1111.34
feet, a central angle of 35°38'00", and the chord bears N 4I°3357" W a distance of
680.07 feet;
25. thence N 59°22'57" W a distance of 217.30 feet;
26. thence 332.51 feet along the arc ofa tangent curve to the left having a radius of 930.00
feet, a central angle of 20°29'08", and the chord bears N 69°37'3I" W a distance of
330.75 feet;
27. thence N 79°52'05" W a distance of 452.89 feet;
28. thence 416.54 feet along the arc of a tangent curve to the right having a radius of 5288.82
feet, a central angle of 04°30'45", and the chord bears N 77°36'43" W a distance of
416.43 feet;
29. thence 250.87 feet along the arc of a curve to the right having a radius of 5288.82 feet,
and a central angle of 02°43'04", and the chord bears N 73°59'48" W a distance of 250.84
feet;
30. thence N 72°38'16" W 1244.87 feet to a point on the accepted east line of Lot 4 of said
Section 20 whence the southeast corner of a parcel of land recorded under reception
number 467225 in the office of the Garfield County Clerk and Recorder being a 2 -inch
Aluminum Cap (P.E.L.S. 5933) and accepted as a point on the east line of said Lot 4
bears S 01°51'02" W 9.41 feet;
thence N 01°51'02" E 490.79 feet along the accepted east line of said Lot 4 to the northeast
comer of said Lot 4 being a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence N 88°18'52" W
1429.59 feet along the north line of said Lot 4 and Lot 3 of said Section 20 to the northwest
comer of said Lot 3 being a 2 -inch Aluminum Cap (P.E.L.S. 5933) whence the Southwest
Corner of said Lot 20 being a 2-1/2 inch Aluminum Cap (P.L.S. 27929) found in place bears S
00°06'31" E 1008.11 feet; thence N 00°06'31" W 1630.93 feet along the west line of said
Section 20 to the West Quarter Comer of said Section 20 being a 2 -inch Aluminum Cap
(P.E.L.S. 5933); thence N 00°04'12" E 2632.88 feet along the west line of said Section 20 to the
Northwest Corner of said Section 20 being the POINT OF BEGINNING containing 5198.85
acres more or less, prior to the following excepted parcel:
EXCEPTING THE FOLLOWING PARCEL:
Section 15 Exception:
A parcel of land being the Northwest Quarter of the Southwest Quarter of Section 15, Township
6 South Range 88 West, of the Sixth Principal meridian, said parcel being further described as
follows:
Beginning at the West Quarter corner of said Section 15 being a 2-I/2 inch GLO Brass Cap
found in place, thence N 89°51'07" E 1323.59 feet along the North line of the NW I/4SW 1 /4 of
said Section 15 to the northeast comer of the NW1/4SW1/4 of said Section 15; thence S
00°01'49" E 1540.50 feet along the East Inc of the NW 1/4SW 114 of said Section 15 to the
Southeast Corner of the NW I/4SW 114; thence S 89°58'25" W 1323.59 feet along the south line
of the NW I/4SW 1 /4 of said Section 15 to the southwest corner of the NW I /4SW 1/4 of said
section 15; whence the Southwest Comer of said Section 15 being a 2-1/2 inch GLO Brass Cap
found in place bears S 00°01'49" E 1537.70 feet; thence N 00°01'49" W 1537.70 feet along the
west line of the NW1/4SW1/4 of said section 15 to the northwest corner of the NW1/4SW1/4 of
said section 15 being the POINT OF BEGINNING containing 46.76 acres more or less.
The total area minus the exception parcel is 5,152.09 acres more or less.
ALONG WITH:
A parcel of land located in Sections 33 and 34, Township 6 South, Range 88 West, Sixth
Principal Meridian being more particularly described as follows:
Beginning at the Quarter Corner common to said Sections 33 and 34 being a 2 -inch Aluminum
Cap (P.E.L.S 5933) thence N 88°27'45" W a distance of 551.40 feet along the south line of the
NEI/4 of said Section 33 to a point on the southerly right-of-way of Garfield County Road 114;
thence along the southerly right-of-way of said Garfield County Road 114 the following two
courses:
1. thence N 40°27'03" E a distance of 70.18 feet;
2. thence 388.21 feet along the arc of a tangent curve to the right having a radius of 470.00
feet, a central angle of 47°19'32", and the chord bears N 64°06'49" E a distance of 377.27
feet to a point on the southerly right-of-way of Garfield County Road 115;
thence the following four courses along the northerly right-of-way of said Garfield County Road
115:
1. thence 766.87 feet along the arc of a tangent curve to the left having a radius of 2201.07
feet, a central angle of 19°57'44", and the chord bears N 77°47'43" E a distance of 763.00
feet;
2. thence 241.93 feet along the arc of a tangent curve to the right having a radius of 250.00
feet, a central angle of 55°26'50", and the chord bears S 84027'44" E a distance of 232.60
feet;
3. thence S 56°44'19" E a distance of 393.81 feet;
4. thence 270.44 feet along the arc of a tangent curve to the left having a radius of 699.07
feet, a central angle of 22°09'54", and the chord bears S 67°49'16" E a distance of 268.75
feet to a point on the east line of the W 1/2NW 1 /4 of said Section 34;
thence S 00°05'58" E a distance of 50.95 feet along the east line of the W1/2NW1/4 of said
Section 34 to the southeast corner of the W 1/2NW 1/4 of said Section 34 being a 2 -inch
aluminum cap (P.E.L.S 5933); thence S 89°51'39" W a distance of 1389.27 feet along the south
line of the W1/2NW1/4 of said Section 34 to the point of beginning; containing 10.95 acres more
or less.
The combined area of the above described two parcels and excluding the five exception parcels
is 5,163.04 acres more or less.
EXHIBIT 2
HOA PROPERTY
• OSP Parcel A
• OSP Parcel B
• OSR Parcel A
• OSR Parcel B
of Phase 1, Spring Valley Ranch PUD, Garfield County, Colorado, according to the Amended
Plat thereof filed with the Garfield County Recorder as Reception No. 828064
10
SPRING VALLEY RANCH PUD
ESTIMATED DEVELOPMENT PHASING SCHEDULE
Phase
Elements
Estimated Start of
Construction
Estimated
Completion of
Construction
Phase 1
0 Cabin Lots
April 2011
November 2011
0 Estate Lots
0 Ranch Lots
1 Pasture Lots
1 Sales Office
1 Gate House
4-2 Open Space Parcels
Phase 2
20 22 Cabin Lots
April 2011 through
April 20172019
20 Months after Start
of Construction
26 Estate Lois
9 Ranch Lots
depending on
economic and
marketing conditions
0 Pasture Lots
4 Open Space Parcels
1 Light Industrial Parcel
_
Fire Station in accordance with
the requirements of the AHJ
_
Emergency Access Road
extended along the alignment of
Highgrange Pass to the Landis
Creek entrance at CR 115 in
accordance with the
requirements of the AHJ
CR114 Improvements: From
Road Centerline Station 160+00
as depicted on Sheet R41 of
Exhibit 26 near CMC to the
Main Project Entrance
Phase 3
21 Cabin Lots
April 2011 through
20 Months after Start
of Construction
April 20182019
39 Estate Lots
17 Ranch Lots
depending on
economic and
marketing conditions
0 Pasture Lots
1 Mountain Lot
1 RR Parcel
2-3 Open Space Parcels
Phase 4
8-10 Cabin Lots
April 2011 through
Api-k2019
depending on
economic and
marketing conditions
20 Months after Start
of Construction
0 Estate Lots
0 Ranch Lots
0 Pasture Lots
20 Workforce Housing Units
4 Village Center Parcels
3 Open Space Parcels
Phase
Elements
Estimated Start of
Construction
Estimated
Completion of
Construction
Phase 5
48-55 Cabin Lots
April 2012 through
20 Months after Start
of Construction
ApriI2021
depending on
economic and
marketing conditions
_
7-8 Estate Lots
14 Ranch Lots
0 Pasture Lots
10 CH Unit;
2 CH Parcels
_
3 Open Space Parcels
_
Emergency Access Roads
extended along the alignments
of Ouray Trail and Sapinero
Trail to Highgrange Pass in
accordance with the
requirements of the AHJ
Phase 6
22 32 Cabin Lots
April 2012 through
April2022
depending on
economic and
marketing conditions
20 Months after Start
of Construction
311 33 Estate Lots
18 19 Ranch Lots
0 Pasture Lots
1 Utility Parcel
24 CH Units
1 CH Parcels
3 Open Space Parcels
CR 115 Improvements: From
CR 114 to the Landis Creek
Entrance to the Project
Phase 7
13 14 Cabin Lots
April 2012 through
20 Months after Start
of Construction
April 20232029
211 23 Estate Lots
1 RE Parcel
depending on
economic and
marketing conditions
16 Ranch Lots
0 Pasture Lots
20 CH Units
2-3 Open Space Parcels
Phase 8
0-38 Cabin Lots
April 2012 through
20 Months after Start
of Construction
April 202/12030
8-0 Estate Lots
26 9 Ranch Lots
depending on
economic and
marketing conditions
0 Pasture Lots
21 CH Units
1 CH Parcel:
0 Utility Parcel
0-1 Open Space Parcels
Emergency Access Roads
extended along the alignmcntG
of Red Cliff Loop to Highgrangc
requirements the AHJ
of
CR 114 Improvements: From
the End of the Phase 2
Improvements near CMC to the
Intersection with State Hwy 82
Phase
Elements
Estimated Start of
Construction
Estimated
Completion of
Construction
Phase 9
0 Cabin Lots
April 2013 through
20 Months after Start
of Construction
April 20252031
0-8 Estate Lots
15 26 Ranch Lots
Depending on
economic and
marketing conditions
0 Pasture Lots
1 Open Space Parcel
0-1 Utility Parcels
Phase 10
0 Cabin Lots
April 2013 through
20 Months after Start
of Construction
April 20262032
0 Estate Lots
6 Ranch Lots
Depending on
economic and
marketing conditions
0 Pasture Lots
0 Open Space Parcel
Mountain
Phase 1
11 Mountain Lots
April 2011 through
20 Months after Start
of Construction
April 20182022
depending on
- economic
and marketing
conditions
Emergency Access Road through
Mountain Phase 2 & 3 down
and
Landis Creek Note 2)
(see
Mountain
Phase 2
11 Mountain Lots
April 2011through
20 Months after Start
of Construction
April 20192023
depending on
economic and
marketing conditions
Emergency Access Road through
Mountain Phase 2 & 3 and down
Landis Creek (see Note 2)
Mountain
Phase 3
10 Mountain Lots
April 2011 through
20 Months after Start
of Construction
April 20202024
depending on
economic and
marketing conditions
Mountain
Phase 4
15 Mountain Lots
April 2011 through
20 Months after Start
of Construction
April 20212025
depending on
economic
and marketing
conditions
1 Utility Parcel
Mountain
Phase 5
16 Mountain Lots
April 2011 through
17 Months after Start
of Construction
April 20222026
depending on
economic and
marketing conditions
Mountain
Phase 6
6 Mountain Lots
April 2011through
20 Months after Start
of Construction
April 20232027
depending on
economic and
marketing conditions
Mountain
Phase 7
5 Mountain Lots
April 2011 through
20 Months after Start
of Construction
April 202/12028
depending on
economic and
marketing conditions
Phase
Elements
Estimated Start of
Construction
Estimated
Completion of
Construction
Mountain
Phase 8
3 Mountain Lots
April 2012 through
20 Months after Start
of Construction
April 20252029
depending on
economic and
marketing conditions
Mountain
Phase 9
3 Mountain Lots
April 2012 through
April 20262030
20 Months after Start
of Construction
depending on
economic and
marketing conditions
Mountain
Phase 10
3 Mountain Lots
April 2012 through
April 20262031
20 Months after Start
of Construction
depending on
economic and
marketing conditions
Mountain
Phase 11
8 Mountain Lots
April 2012 through
17 Months after Start
of Construction
April 20262032
depending on
economic and
marketing conditions
Note 1: The emergency access road must meet the applicable minimum standards of the International Fire
Code and the design must be acceptable to the Glenwood Springs Fire Department
Note 2: The workforce housing units may be placed into other phases provided that the parcel in which the
units are to be placed is platted and work force housing is a permitted use within the zone district of the
parcel.
SPRING VALLEY RANCH PUD
ESTIMATED DEVELOPMENT PHASING SCHEDULE
Phase
Elements
Estimated Start of
Construction
Estimated
Completion of
Construction
Phase 1
0 Cabin Lots
April 2011
November 2011
0 Estate Lots
0 Ranch Lots
1 Pasture Lots
1 Sales Office
1 Gate House
2 Open Space Parcels
Phase 2
22 Cabin Lots
April 2019
depending on
economic and
marketing conditions
20 Months after Start
of Construction
26 Estate Lois
9 Ranch Lots
0 Pasture Lots
4 Open Space Parcels
1 Light Industrial Parcel
Fire Station in accordance with
the requirements of the AHJ
Emergency Access Road
extended along the alignment of
Highgrange Pass to the Landis
Creek entrance at CR 115 in
accordance with the
requirements of the AHJ
CR114 Improvements: From
Road Centerline Station 160+00
as depicted on Sheet R41 of
Exhibit 26 near CMC to the
Main Project Entrance
Phase 3
21 Cabin Lots
2019
depending on
economic and
marketing conditions
20 Months after Start
of Construction
39 Estate Lots
17 Ranch Lots
0 Pasture Lots
1 Mountain Lot
3 Open Space Parcels
Phase 4
10 Cabin Lots
2019
depending on
economic and
marketing conditions
20 Months after Start
of Construction
0 Estate Lots
0 Ranch Lots
0 Pasture Lots
20 Workforce Housing Units
4 Village Center Parcels
3 Open Space Parcels
Phase
Elements
Estimated Start of
Construction
Estimated
Completion of
Construction
Phase 5
55 Cabin Lots
2021
depending on
economic and
marketing conditions
20 Months after Start
of Construction
8 Estate Lots
14 Ranch Lots
0 Pasture Lots
3 Open Space Parcels
Emergency Access Roads
extended along the alignments
of Ouray Trail and Sapinero
Trail to Highgrange Pass in
accordance with the
requirements of the AHJ
Phase 6
32 Cabin Lots
2022
depending on
economic and
marketing conditions
20 Months after Start
of Construction
33 Estate Lots
19 Ranch Lots
0 Pasture Lots
3 Open Space Parcels
CR 115 Improvements: From
CR 114 to the Landis Creek
Entrance to the Project
Phase 7
14 Cabin Lots
2029
depending on
economic and
marketing conditions
20 Months after Start
of Construction
23 Estate Lots
16 Ranch Lots
0 Pasture Lots
3 Open Space Parcels
Phase 8
38 Cabin Lots
2030
depending on
economic and
marketing conditions
20 Months after Start
of Construction
0 Estate Lots
9 Ranch Lots
0 Pasture Lots
1 Open Space Parcels
CR 114 Improvements: From
the End of the Phase 2
Improvements near CMC to the
Intersection with State Hwy 82
Phase 9
0 Cabin Lots
_
2031
Depending on
economic and
marketing conditions
20 Months after Start
of Construction
8 Estate Lots
26 Ranch Lots
0 Pasture Lots
1 Open Space Parcel
1 Utility Parcels
Phase 10
0 Cabin Lots
2032
Depending on
economic and
marketing conditions
20 Months after Start
of Construction
0 Estate Lots
6 Ranch Lots
0 Pasture Lots
0 Open Space Parcel
Phase
Elements
Estimated Start of
Construction
Estimated
Completion of
Construction
_
Mountain
Phase 1
11 Mountain Lots
2022
depending on
economic
and marketing
conditions
20 Months after Start
of Construction
Mountain
Phase 2
11 Mountain Lots
2023
depending on
economicand
markketingg conditions
20 Months after Start
of Construction
Emergency Access Road through
Mountain Phase 2 & 3 and down
Landis Creek (see Note 2)
Mountain
Phase 3
10 Mountain Lots
' 2024
depending on
economic and
marketing conditions
20 Months after Start
of Construction
Mountain
Phase 4
_
15 Mountain Lots
2025
depending on
economic
- and marketing
conditions
20 Months after Start
of Construction
1 Utility Parcel
Mountain
Phase 5
16 Mountain Lots
2026
depending on
economic and
, marketing conditions
17 Months after Start
of Construction
Mountain
Phase 6
6 Mountain Lots
2027
depending on
economic and
marketing conditions
20 Months after Start
of Construction
Mountain
Phase 7
5 Mountain Lots
2028
depending on
economic and
marketing conditions
20 Months after Start
of Construction
Mountain
Phase 8
3 Mountain Lots
2029
depending on
economic and
marketing conditions
20 Months after Start
of Construction
Mountain
Phase 9
3 Mountain Lots
2030
depending on
economic and
' marketing conditions
20 Months after Start
of Construction
Mountain
Phase 10
3 Mountain Lots
2031
depending on
economic and
' marketing conditions
20 Months after Start
of Construction
Mountain
Phase 11
8 Mountain Lots
2032
depending on
economic and
marketing conditions
17 Months after Start
of Construction
Note 1: The emergency access road must meet the applicable minimum standards of the International Fire
Code and the design must be acceptable to the Glenwood Springs Fire Department
Note 2: The workforce housing units may be placed into other phases provided that the parcel in which the
units are to be placed is platted and work force housing is a permitted use within the zone district of the
parcel.