HomeMy WebLinkAbout21.0 Draft Development AgreementDEVELOPMENT 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 sign t active and passive open space areas (the "Project"), as documented in
Resolution 2 10-38, recorded in the real property records of Garfield County as Reception No.
786992 and corporated 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. The SVR PUD and SVR Preliminary Plan contemplate eleven (11) separate
phases of development for the Project, wherein each phase will require final plat approval.
E. 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
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.
F. 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").
G. 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").
H. 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.
I. 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.
J. 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.
K. 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.
L. 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.
M. 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
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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. 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)
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 devel_cp 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.
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(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 • - '.d -of - -n (15) years from the effective date of the
County's approval of this Agreemen v 2 5-
(e)
(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.R.S. § 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.R.S. §§ 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.
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(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 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
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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: Daniel Goldberg
Seligman Western Enterprises, Ltd.
600 Montgomery Street, 40th Floor
San Francisco, CA 94111
Phone: 415.658.2889
Fax:
TO THE HOA:
Spring Valley Ranch Community Master Association, Inc.
Attn: Daniel Goldberg
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: Building and Planning 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
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2010.
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:
ATTEST:
By:
Clerk of the Board
COUNTY:
GARFIELD COUNTY BOARD OF
COMMISSIONERS, COUNTY OF GARFIELD,
COLORADO, a body corporate and politic
By:
Name:
Its: Chairman
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EXHIBIT 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 corner 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 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 S 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" E 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" 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
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along the east line of the SW 1 /4NW 1 /4 of said Section 14 to the southeast corner 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 corner 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 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 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 corner 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 Corner 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 W1/2NW1/4 of said Section 34
being a 2-inch Aluminum Cap (P.E.L.S. 5933) whence the Northwest Corner 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 of 486.06 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 of 37°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;
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5. thence 429.79 feet along the arc of a 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°10'27" W a distance of 644.62 feet;
7. thence 504.76 feet along the arc of a 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 of a 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 of a 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 of a 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°5P15", 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 of a 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 of a 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 of a 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 of a tangent curve to the left having a radius of 1111.34
feet, a central angle of 35°38'00", and the chord bears N 41°33'57" 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 of a 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°37'31" W a distance of
330.75 feet;
27. thence N 79°52'05" W a distance of 452.89 feet;
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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
corner 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
corner 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 Corner 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 2-1/2 inch GLO Brass Cap
found in place, thence N 89°51'07" E 1323.59 feet along the North line of the NW1/4SW1/4 of
said Section 15 to the northeast corner of the NW1/4SW1/4 of said Section 15; thence S
00°01'49" E 1540.50 feet along the East line of the NW1/4SW1/4 of said Section 15 to the
Southeast Corner of the NW1/4SW1/4; thence S 89°58'25" W 1323.59 feet along the south line
of the NW1/4SW1/4 of said Section 15 to the southwest corner of the NW1/4SW1/4 of said
section 15; whence the Southwest Corner 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
NE1/4 of said Section 33 to a point on the southerly right-of-way of Garfield County Road 114;
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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 84°27'44" 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 W1/2NW1/4 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 W1/2NW1/4 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.
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