Loading...
HomeMy WebLinkAbout7.0 Resolution 2012-951111 InNrilVAINIriir iris rieLtiAlliellOaiii 11 111 Reception#: 826066 12/05/2012 02148:49 PM .]ran 0Iberico 1 of 22 Rec Fee:SO.00 Doc Fee 0.00 GARFIELD COUNTY CO STA'T'E OF COLORADO ) )ss County of Garfield } At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building in Glenwood Springs on Monday, the 13th day of November A.D. 2012, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Tom Jankovskv , Commissioner Frank Hutfless , County Attorney Carey Gagnon , Assistant County Attorney Jean Alberieo , Clerk of the Board Andrew Gorgey , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2012-95 A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE AN AMENDED PLAT, AND FIRST AMENDMENT TO TILE DEVELOPMENT AGREEMENT SPRING VALLEY RANCH PLANNED UNIT DEVELOPMENT AND AUTHORIZING THE EXECUTION OF A RELEASE OF SUBDIVISION IMPROVEMENTS AGREEMENT AND ACKNOWLFDGEMEN1 OF SATISFACTION AND DIRECTION TO TREASIJRER REGARDING TIIE TREASURER'S DEPOSIT AGREEMENTS FOR PHASE I SPRING VALLEY RANCH PARCEL NUMBERS 2187-262-00-135. 2187-161-00-138, 2187-211-00-137 anti 2187-154-00-136 Recitals A. The Garfield County Building and Planning Department received a request for an Administrative Review of an Amended Plat for Phase 1 Spring Valley Ranch Planned Unit Development ("PUD") and a Non -Substantial Amendment Request to the PUD Plan for Spring Valley Ranch PUD. The Application was submitted by owners of the property, Spring Valley Holdings LLC ("Applicant") and Spring Valley Ranch Community Master Association. B. The Spring Valley Ranch PUD is an approximately 5,200 -acre tract of land located in Sections 14, 15, 16, 20, 21. 22, 23, 26, 27, 2b, 29, 33 and 34, T6S, R88W. The legal description of the property is included as Exhibit A. 1111 ri6Frilliell %PARC&PK fMr�l��ffi�� 11 111 Reception#: 828066 1210512012 02-46.49 PM Jean falberic❑ 2 of 22 Rec Fee: SO 00 Doc Fee:0.00 GARFIELD COUNTY CO C. The subject property, zoned PUD, is located within unincorporated Garfield County approximately 5 miles east of Glenwood Springs off of County Road 115, also known as Red Canyon Road. D. The PUD is proposed to be developed in 10 Phases and 11 Mountain Phases. The PUD will include a variety of lots and parcels including Cabin Lots, Estate Lots, Ranch Lots, Pasture Lots, Open Space Parcels, Light Industrial Parcels, a Fire Station, Emergency Access Roads, additional Right -of -Way Dedications for County Roads and for internal road circulation, Mountain Lots, Railroad Parcels, Workforce Housing Units, Village Center Parcels, Community Housing (CH) Units/Parcels and Utility Parcels. On June 7, 2010, the Board of County Commissioners (the "Board") approved Resolution No. 2010-38 titled "Restating and Correcting Resolution No. 2008-55 Concerned with the Approval of a Planned Unit Development Amendment Application Submitted by Spring Valley Development for Spring Valley Ranch Planned Unit Development." Resolution No. 2010-38 affirmed the approval of the PUD, and corrected inadvertent clerical errors by including the legal description of the PUD, PMT] Zone District Map, PUD Zone Districts Text and Design Standards, and PUD Phasing Plan. F. A Development Agreement between the Board and the Applicant was also approved on September 7. 2010, and recorded in the real property records of Garfield County as Reception No. 793248. Pursuant to the Development Agreement, Spring Valley Holdings LLC received a vested property right to undertake and complete development of the PUD, provided that the Board must approve all Final Plats for all Phases no later than 15 years after the date of approval of the Phase 1 Final Plat. G. The Board approved the Final Plat for Phase I of the Spring Valley Ranch PUD on September 7, 2010, which is recorded at Reception No. 793243. This filing did not create any additional developable lots but did create Open Space Parcels and created and conveyed the right-of-way for Highgrange Pass Road to the Spring Valley Ranch Community Master Association. H. In order to secure completion of the initial infrastructure and road improvements required for Highgrange Pass Road, the Board and the Applicant executed a Subdivision Improvements Agreement recorded in the real property records of Garfield County as Reception No. 793244. In lieu of a Letter of Credit, the Board accepted a Treasurer's Deposit Agreement in the amount of $266,074.55 to secure the improvements required by the Phase I Final Plat and Subdivision Improvements Agreement. the Treasurer's Deposit Agreement is recorded as Reception No. 793244 at page 39. The Board also accepted a second 'treasurer's Deposit Agreement in the amount of $4,227,00 as security for revegetation following construction of the llighgrange Pass Road improvements. This Treasurer's Deposit Agreement is also recorded at Reception No. 793244 at page 46. Subsequent to the recording of the Phase 1 Final Plat, the Applicant identified 2 1111 KoriiihuvaLmrititio wileckimi 11111 Reception 8280G6 12/0S/2012 02:46:49 PS" Jean Albarica 3 of 22 Rec Fee -$0.00 Doc Fee 0.00 GARFIELD COUNTY CO changes in the PUD Phasing Plan (attached to Resolution No. 2010-38 as Exhibit D. and recorded at Reception No. 786992) that were appropriate to correct clerical errors, and more accurately reflect the proposed and approved plan. In addition the Applicant determined that the Phase I improvements secured by the Subdivision Improvements Agreement and Treasurers Deposit Agreements were not required to serve the Phase 1 Final Plat and could be appropriately addressed during future phases of the PUD. J. Accordingly, the Applicant submitted an Application for an Amended Plat for Phase 1 Spring Valley Ranch PUD and a Non -Substantial Amendment Request to the PUD Plan for Spring Valley Ranch PUD to the County to address the above topics, create an accurate and comprehensive record of the PUD Approvals, and address the Subdivision Improvements Agreement and security issues. K. The Director of the Building and Planning Department made a determination that the requested PUD amendment was a "non -substantial amendment" pursuant to the ULUR. As a result, the request for an Amended Plat for Phase 1 Spring Valley Ranch PUD and a Non - Substantial Amendment Request to the PUD Plan for Spring Valley Ranch PUD were subject to an Administrative Review in accordance with the Unified Land Use Resolution of 2008 as amended ("ULUR"). L. On June 8, 2012, the Director of the Building and Planning Department issued a Director's Decision approving with conditions an Amended Final Plat request pursuant to ULUR Section 5-306 and a Non -Substantial PUD Amcndmcnt request pursuant to ULUR Section 6-201 (F). Notice of the Director's Decision as required by the ULUR was completed and the reconsideration and call-up periods for the decisions have expired. The Director's Decision is now final and is attached as Exhibit B. M. As the original Phase 1 Spring Valley Ranch PUD Plat included the dedication of ownership of the Highgrange Pass right-of-way to the Spring Valley Ranch Community Master Association, this Application is jointly made by the Applicant and the Spring Valley Ranch Community Master Association. Concurrent with the filing of the Phase 1 Amended Plat, the right-of-way will he vacated and the Association will convey hack to the Applicant the right-of- way. N. While the changes to the PUD and Final Plat are non -substantial, they do affect the Applicant's agreements with the Board. The improvements required by the Phase 1 Subdivision Improvements Agreement, specifically the infrastructure for and construction of a portion of Highgrange Pass Road, will be required during a future PUD Phase. Applicant requests that the Board terminate the Phase 1 Subdivision Improvements Agreement, thereby releasing the funds held as security for the improvements and the revegetation pursuant to the two Treasurer's Deposit Agreements. Q. Pursuant to the Development Agreement, approval of the Phase 1 Final Plat was a condition precedent necessary to secure Applicant's period of vested rights. To ensure that the 3 ■flf I ' ��' �i�Y � f 1 1 ' M 04 11111 Reception #: 828066 12/G512012 02:48.49 PM Jean Rlberico 4 of 22 Ree Fee:$0 00 0cc Fee:0.00 GARFIELJ COUNTY CO Amendment to the Phase 1 Final Plat does not affect Applicant's rights and obligations under the Development Agreement. Applicant requests the Board enter into the First Amendment to the Development Agreement, confirming a 15 -year vesting period that commenced upon the Board's approval of the Development Agreement. P. In accordance with the Director's Decision and Conditions of Approval, the purpose of this Resolution is to clarify the approval record and authorize the execution of the Amended Final Plat, First Amendment to the Development Agreement, and to approve related documents necessary for the implementation of the proposed changes to the PUD, including an Amended Development Phasing Schedule. an Amended Phasing Map, Release of the existing Subdivision Improvement Agreement and attendant Acknowledgements of Satisfaction. and Direction to the Treasurer regarding the Treasurer's Deposit Agreements. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: 1. The forgoing Recitals are incorporated by this reference as part of the Resolution. 2. All prior approvals including plat notes, conditions of approval and representation of the Applicant, including but not limited to. those set forth in previous approval documents for the Spring Valley Ranch PUD, including Resolution 2010-38 and Phase 1 Final Plat recorded at Reception No. 793243 shall remain in full force and effect except as specifically amended herein and on the Amended Final Plat. 3. The Chairman of the Board of County Commissioners is authorized to sign the following documents: a. Amended Final Plat Spring Valley Ranch PUD; b. First Amendment of the Development Agreement Spring Valley Ranch PUD; c. Release of Subdivision Improvement Agreement Phase 1, Spring Valley Ranch Subdivision Located Within the Spring Valley Ranch PUD; d. Acknowledgement of Satisfaction and Direction to the Treasurer regarding Treasurer's Deposit. Agreement - Phase 1 Spring Valley Ranch Subdivision Improvements TDA; and e. Acknowledgment and Satisfaction and Direction to the Treasurer regarding Treasurer's Deposit Agreement Phase 1,Spring Valley Ranch Subdivision Revegetation IDA. 4. The PUD Development Phasing Schedule and PUT) Phasing Map are superseded and replaced in their entirety with the Phasing Schedule and Phasing Map attached hereto as Exhibits C and D, respectively. 4 1111 Ari'����,�h�kI� IW4I G, 1 ,114+,I4GNi,111411111 Reception#: 825055 12/05/2012 02.46.49 PM Jean Alberioo 5 of 22 Rec Fee•$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 5. The findings and conditions contained in the Director's Decision attached as Exhibit B are incorporated by reference as part of this Resolution. Dated this r .3+17 day of ATTEST: Clerk 6f the Board A.D. 20 r a-- . GARI,'IELD COUNTY BOARD OF COMMIS ON S, CJARFIEI.D COUNT .COLS DO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY STATE OF COLORADO ) )ss County of Garfield } A e Nay , eye/Nay ,Ay /Nay 1, , County Clerk and ex -officio Clerk of the Board of County Commissioners; in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. 1N WITNESS WHEREOF, 1 have hereunto set my hand and affixed the sea[ of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 5 EXH] BIT A (seven pages) LEGAL DESCRIPTION OF DEVELOPER'S PROPERTY LiNPLATTED PARCEL A A parcel of land located in Sections 14, 15, 16, 20, 21, 22, 23, 26, 27, 28, 29, 33, and 34, Township 6 South. Range 88 West, Sixth Principal Meridian being more particularly described as follows: Beginning at the Northwest Comer of said Section 20 being a 2 -inch Aluminum Cap (P.E.L.S. 5933): thence 5 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°0014" W 2631.77 feet along the west line of said Section 16 to the East Quarter Corner of Section 17, 'I'. 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 88027'52" W 349.87 feet to a point on the west line of said Section 16: thence N 00001'47" 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 G1,0 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 Comer of said Section 16 being a 2-112 inch GLO Brass Cap found in place; thence N 89057'15" E 2703.26 feet along the north line of said Section 16 to the North Quarter Comer 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 89059'36" E 1318.31 feet continuing along the north line of said Section 15 to the west line of the NE114NE114 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 00000'09" E 1312.36 feet along the west line of the NE 114NF114 of said Section 15 to the southwest corner of the NE114NE114 of said Section 15 being a 3 -inch Aluminum Cap (L.S. 15710) found in place; thence N 89055'46" E 1317.67 feet along the south line of the NF114NE114 of said Section 15 to the southeast corner of the NE114NE 114 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 SW 114N W 114 of said Section 14 to the northeast corner of the S W 114N W 114 of said Section 14 being a 3 -inch Aluminum Cap (L.S. 15710) found in place; thence 5 00°01'34" W 1312.94 feet 6 1111 Milniirdhlii1WinliklAtifil 1,10014.1114 Bill Reception#: 828066 12/05/2012 ©2:48:49 PM ,Sean Rlberico 7 of 22 Roc Fee -$O.00 Doc Fee.O.C9 GARFIELD COUNTY CO along the east line of the S W 114N W 114 of said Section 14 to the southeast corner of the SW114NW114 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 W 1125 W 114 of said Section 14 to the southeast corner of the W112SW ] 14 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 5 00005'23" 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 5 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 5 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 84041'15" 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 W 112N W 114 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 -112 -inch GLO Brass Cap found in place hears N 89°17'1 1" W 1319.72 feet; thence 5 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 the following seven courses along the boundary of GSR Parcel B as platted on the Spring Valley Ranch PUD - Phase 1, Final Plat recorded as Reception No. 793243 in the records of the office of the Garfield County Clerk & Recorder: 1. thence N 10035'55" W a distance of 486.06 feet; 2. thence 5 84°55'34" W a distance of 105.09 feet; 3. thence 5 18°16'05" Vara distance of 277.25 feet; 4. thence 128.21 feet along the arc of a tangent curve to the right having a radius of 239.00 feet, a central angle of 30°44'06", and the chord bears 5 33°38'08" W a distance of 126.67 feet; 5. thence S 49'00'11" W a distance of 87.00 feet; 7 ■1111411,tiMh',`1#'~1 1,4 1000 M i 004,6 X1111 Reception#: 528065 12/05/2012 02=48'49 PM Jean Filberico B or 22 Rec Fee $0-00 Doc Fee.0 QO GARFIELD COUNTY C° 6. thence 161.49 feet along the arc of a tangent curve to the left having a radius of 179.00 feet. a central angle of 51°41'28", and the chord bears S 23°09'27" W a distance of 156.07 feet; 7 thence 43.89 feet along the arc of a tangent curve to the left having a radius of 25.00 feet, a central angle of 100°35'00", and the chord bears S 52°58'47" E a distance of 38.47 feet to a point on said northerly right-of-way of County Road 115; thence along said northerly right-of-way 112.13 feet along the arc of a non tangent curve to the right having a radius of 2141.07 feet, a centra] angle of 03°00'02", and the chord bears S 78'13'44" W a distance of 112.12 feet; thence departing said northerly right-of-way the following seven courses along the boundary of OSR Parcel A as platted on said Spring Valley Ranch NM - Phase 1, Fina] Plat: 1. thence 37.62 feet along the arc of a non tangent curve to the left having a radius of 25.00 feet, a central angle of 86°13'00", and the chord bears N 36°37'15" E a distance of 34.17 feet; 2. thence 231.47 feet along the arc of a tangent curve to the right having a radius of 239.00 feet, a central angle of 55°2926", and the chord bears N 21°15'28" E a distance of 222.53 feet; 3. thence N 49°00'11" E a distance of 87.00 feet; 4. thence 96.02 feet along the arc of a tangent curve to the left having a radius of 179.00 feet, a central angle of 30°44'06", and the chord bears N 33°38'08" E a distance of 94.87 feet; 5. thence N 18°16'05" 1: a distance of 251.36 feet; 6. thence S 84°55'34" W a distance of 393.45 feet; 7. thence S 16°02'33" W a distance of 630.62 feet to a point on said northerly right-of-way of County Road 115; thence the following thirty courses along the northerly right-of-way of said County Road 1 15: 1. thence 168.86 feet along the arc of a non tangent curve to the right having a radius of 214] .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 61042'35" 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°4154", and the chord bears N 16002'47" 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 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" VLA 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; 8 1111nPriligh5thinigiiiiiKVNIIMI11111111 Reception#: 828068 12,05,2012 02•48.49 PM Jean Rlbrrico 9 of 22 Rec Fee:$O.O0 Doc Fee:0 00 GARFIELD COUNTY CD 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°4224", 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 50051'15", and the chord bears N 47°36'36" W a distance of 562.09 feet; 16. thence N 73002'14" 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 hears 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 are 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 54015'04" 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°5821" W a distance of 202.38 feet; ?3. 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 59022'57" 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 20029'08", 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; 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 049045", and the chord bears N 77°36'43" W a distance of 416.43 feet; 9 1111 ! 'oIunm 1 iii: 1CGila*Iiiii 11111 Reception#: 828066 12/0512012 02.48:49 PM Jean Alberico 10 os 22 Rec Fee $0.00 Doc Fee.0 CO GARFIELD COUNTY CO 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 5 01°51'02" W 9.41 feet; thence N 01°51'02" F 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 5199.81 acres more or less, prior to the following excepted parcel: EXCEPTING THE FOLLOWING PARCEL; 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 89051'07" E 1323.59 feet along the North line of the NW 114SW 114 of said Section 15 to the northeast corner of the NW 114S W 114 of said Section 15; thence S 00°01'49" E 1540.50 feet along the East line of the NW114SW 114 of said Section 15 to the Southeast Corner of the NW 114SW 1!4; thence S 89°58'25" W 1323.59 feet along the south line of the N W 1145 W 114 of said Section 15 to the southwest corner of the NW 1145 W 114 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 N W 114SW 114 of said section 15 to the northwest corner of the N W 1145 W 114 of said section 15 being the POINT OF BEGINNING containing 46.76 acres more or less. The total area minus the exception is 5,153.05 acres more or Icss. ALONG WITH UNPLATTED PARCEL 13: A parcel of land located in Section 33, Township 6 South, Range 88 West, Sixth Principal Meridian being more particularly described as follows: Beginning at a point on the south lint of the NE Quarter of said Section 33 whence the East Quarter Corner of said Section 33 bears 5 88°27'45" E a distance of 628.51 feet; thence N 88°27'45" W a distance of 305.90 feet; thence N 26°06'27" W a distance of 780.49 feet; thence N 19001'26" W a distance of 1341.54 feet; thence N 20°15'05" E a distance of 552.69 feet to a 10 VIII ritemimilmmintirmarecii 11111 Reception#. 828®66 12147512@12 02:48'49 PM lean Aiberico 11 of 22 Rec Fee:$0.00 Doc Fee-O.C1fl GARFIELD COUNTY CO point on the southerly right-of-way line of Garfield County Road 115; thence the following six courses along the southerly right-of-way of said County Road 115: 1. thence S 59°53'17" E a distance of 303.82 feet; 2. thence 467.36 feet along the arc of a tangent curve to the right having a radius of 749.79 feet, a central angle of 35°42'49", and the chord bears S 42°01'52" E a distance of 459.83 feet; 3. thence S 24°1027" E a distance of 644.62 feet; 4. thence 401.54 feet along the arc of a tangent curve to the right having a radius of 852.82 feet, a centra] angle of 26°58'38", and the chord bears S 10°41'09" E a distance of 397.84 feet 5. thence S 02°48'10" W a distance of 238.01 feet; 6. thence 420.16 feet along the are of a tangent curve to the left having a radius of 759.53 feet, a central angle of 31°41'42", and the chord bears S 13°02'41" F. a distance of 414.82 feet to a point on the northerly right-of-way line of Garfield County Road 114; thence the following two courses along the northerly right-of-way of said Garfield County Road 114. 1. thence 326.77 feet along the arc of a tangent curve to the right having a radius of 270.00 feet, a central angle of 69°20'35", and the chord bears S 05046'46" W a distance of 307.19 feet 2. thence S 40°27'03" W a distance of 99.05 feet; to the point of beginning containing 37.08 acres more or less. ALONG WITH UNPLATTED PARCEL C: 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; 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 are 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" F 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 southerly 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 11 1111 towilummilifi Nit ii4mI CNG 1 iii 111(1 Reception#: 828066 12/05/2012 02:48:49 PM Jean Glberico 12 of 22 Rec Fee:$©.00 Doc Fee:© CO GRRFIELO COUNTY CC 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!2N W 1!4 of said Section 34; thence 5 00005'58" E a distance of 50.95 feet along the east line of the W112NW1/4 of said Section 34 to the southeast comer of the W 1!2NW 114 of said Section 34 being a 2 -inch aluminum cap (P.F.1..5 5933); thence 5 89°51'39" W a distance of 1389.27 feet along the south line of the W1/2N W1/4 of said Section 34 to the point of beginning containing 10.95 acres more or less. The combined area of the above described three parcels excluding the exception parcel is 5201.08 acres more or less. LEGAL DESCRIPTION FOR PHASE 1 OF SPRING VALLEY RANCH P.U.D. The following parcels as platted on the Spring Valley Ranch PUD — Phase 1, Final Plat recorded as Reception No. 793243 in the records of the office of the Garfield County Clerk & Recorder: • Lot Pl • OSP Parcel -A • OSP Parcel -R • DSR Parcel -A • OSR Parcel -B • Highgrange Pass Right -of -Way 12 1111 10901.1411'1 III11I Recept:xan#: 828866 12t051202 02:49.49 PM Jean Alberico 13 of 22 Rec Fee:$Q.00 Doc Fee 00.00 GARFIELD COUNTY CO EXHIBIT I3 Garfield County June 6, 2012 RL7LDr:VCK &. FLAMs7.NG fEPART. {RN -7' Michael Gambia Gambia & Associates P.D. Box 1458 Glenwood Springs, CO 81802 RE: DIRECTOR'S DECISION Amended Fina! Pt'at -- chola 1, Spring Valley Ranch PUD Amended PUD Plan Spring 'Alley Ranch PUD (Fla Nos_ FPAA-7043 and PDAA-7044) Dear AAike: This letter is provided to you as the representative for Spring Valley Holdings LIG, Applicants far an Amended Final Plat for Phage I Spring Valley Ranch PUD and an Amended PUD Pian for Spring Valley Ranch PUD. Thu Applicarrt's•request for an Amended Anal Piet has been processed pursuant la Section 5-305 of the Garfield County Unified land Use Resolution of 2008, as amended (ULUR). h accordance vat that section the request Is being reviewed through the Administrative Review procedural set forth in Section 4-104. The Director of the Building awl Planning Department has the authority to approve, approve with conditions, or deny the reyutest pursuant to Section 4-104 (A)(B). The PUD Amendment request is submitted pursuant to Section 0-201(F}, Amendments to an Approved PUD_ In accordance with Section 8-201(J)(2)(a) the Director of the Building and Planning Department has Determined that the change does not constitute a substantial modification to the appnoved PUD, In accordance with ihat de(bmiination the spplication has been reviewed through the Adrrti n istrative Review prooedurr s set forth in Section 4-104. The Director of the Building and Planning Department has the aalba rity to approve, approve with conditions. or deny the request pursuant to SertIon 4-104 (A)(8) - A decision is hereby issued regarding the request to- amend the Final Plat for Phase I, Spring Wiley Ranch PUD and ba Amend the PUD Plan for Spring Valley Ranch PUD_ The Director's Decision Is to approve the, Application subject to the follsJIAngfindings and rondilianB Findrnna t _ That proper public notice was provided as required for the Director's Decision on the Plat Amendment and PtJD Non -Substantial Amendment requests. 1D� 1S'IRhrh.,Sp-car, Suite 41J • tilenntioacf.5ipn'sv.. co 8740i 0 70) 94{-8212 • Fax: ON 384-3476 13 ■Ill M. t11111+hQ1 WO Iev,IolCNrilooli.I III Reception#; 828066 1210512012 02.40:49 FTI Jean Rlberico 14 of 22 Ripe Fee:$0.00 foo Fee:0.00 GARFIELD COUNTY CO 2. That the review by the Director was extanata§ and cornplete, that MI pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were provided tie opportunity to comment in the requests - 3. That for the above stated and other reasons, the Plat Amendment and Nan -Substantial PUD Amendment are in tie best interest of the health, safety, convenience. order, prosperity and welfare of the citizens of Garfield County l recommended conditions of approval are required. 4, The Application meets the ULUR criteria for a non -substantial amendment to the PUD and Section 5-3116 criteria for AIrtinistratve Review of Plat Arnandmants. 5_ That subject to compliance with the adapted conditions, the application is in general oonformance with the 2030 Carnpreheneive Plan, ae amended, 6. No engineering or design changes to the overall PUD Plan are proposed cr approved by this Amendment, The amendments are entirely related to phasing and platting. Conditions pt Approval 1. That all representations made by the Applicant in the application shell be aanditions of approval, unless specifically altered by the Director's Recision contained herein. 2. All prior approvals including plat notes, cnndiipns of apprIuaal. and representations of the Applicant including but not limited to those set forth in previous approval documents for the Sorting Valley Ranch PUD, including Resolution 2010-38 and Phase 1 Final Plat Recorded at ReoeptIon No 793243. shall remain in effect and in place except as amended herein. 3 The Amended Final Plat shall include a temporary access easement for Phrase I Open Space Parcels A and Bon the future FIighgrange Pass Road right- of-way within Phase I or ovmmih'nerrts item the Developer to create such an easement should a building permit be requested on either Open Space Parcel. Said easement or commitment shall remain in place until the Platting of Phase II and the dedication of the HIghgr rage Pase Road right-of-way, A plat nate shall be added to the Phase I Final Plat. approved by the County Attorne'y's Office indentifying tie provisions of this conditions and indicating that access to the Open Space Parcels is limited to said easement and not directly4ff oi the County Road. 4. Final dry of all -documents required for 'the requested amendments shall be apprvved by the County Attorney's Office including. Me Amended Development Agreement, Board of County Commissioners Resolution of 14 BW41111110INITIMICYCIMINCICAM11111 Reception#: 628066 12/0512012 02=48:49 PM Jean R:berico 15 ❑c 22 Rec Fee -SO 00 Doc Fee.D ZO GRRFIELD COUNTY CO Approval incorporating the F'LJD Plan and Phasing, Conveyance Deed for the lighgrange Pass Hight-of-Waayr, Release of Subdivision Improvements Agreement, and 'treasurers Deposit Agreements Security Releases. All final edits shall be completed and the documents fully executed with the exception of the Board of County Commissioners prior to presenta6am to the Board for their execution. 5. The proposed Amended Final Plait for Plage I shall be reviewed and approved by the County Surveyor and County Attorney's Office and all required edits to the plat completed prior to prior to submittal to the Board of County Commissioners far signatures. 6. The Plat shall meet the minimum CRS standards for land survey plats, as required by Colorado State Law and shall meet all requirements of the LILUR for a final plat including sign -of by any lien holders and all certificates including County Treasurer's Certificate of Taxes Paid. All required documents in a form ready for recording shall be provided to the County within 120 days of the Director's decision. The ULUR requires notificaliion to the Board of County Commissioners for their review and potential call-up of the application for public. hearing. The Board review is far a period of 10 days after which the plat mylar and related documents may be scheduled for signature if there is no request for call-up to a public hearing. The cal -up period shall expire on June 10. 2012. The Amended Final Plat and related documents, will be scheduled on the Board of County Commissioners consent agenda after expiration of the cell -up period and Once all the conditions of approval have been met. Since rely, Fred A. Jarman, AIC! Director of B uild ing and Planning CC: Carey Gagnon. Acting CountyAttnmey Board of County Commissioners 15 EXHIBIT C (six pages) 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 Open ace Parcels Phase 2 20 Cabin Lots April 2011 through April 2017 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 C R114 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 April 2018 depending on economic and Marketing conditions 20 Months after Start of Construction 39 Estate Lots 17 Ranch Lots 0 Pasture Lots 1 Mountain Lot 1 RR Parcel 2 Open Space Parcels Phase 4 8 Cabin Lots April 2011 through April 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 (see Note 3) 4 Village Center Parcels 3 Open Space Parcels FEBRUARY 2012 PAGE 1 OF 6 16 0 0 r Z D 0 0 u • 0 J 1.0W $ or a V o0 s 0 i_o IND oak 2CLL 05 ° 'a _ in �d1 em -xo u Citicr -I 0 r4 0G)° =IXN 'D SPRING VALLEY RANCH PUD ESTIMATED DEVELOPMENT PHASING SCHEDULE Phase Elements Estimated Start of Construction Estimated Completion of Construction . Phase 5 r 48 Cabin Lois April 2012 through April 20 Months after Start of Construction 7 Estate Lots 2021 14 Ranch Lots depending on economic 0 Pasture Lots and marketing 10 CH Units conditions 2 CH Parcels 3 Open Space Parcels Emergency Access Roads extended along the alignments of Ouray Trait and Sapinero Trail to Highgrange Pass in accordance with the requirements of the AHJ Phase 6 22 Cabin Lots April 2012 through April 2022 depending on economic and marketing conditions 20 Months after Start of Construction 34 Estate Lots 18 Ranch Lots 0 Pasture Lots 1 Utility Parcel 24 CH Units 1 CH Parcels 3 Open Space Parcels CR115 improvements: From CR114 to the Landis Creek Entrance to the Project Phase 7 13 Cabin Lots April 2012 through April 2023 depending on economic and marketing conditions 20 Months after Start of Construction 24 Estate Lots 1 RE Parcel 16 Ranch Lots 0 Pasture Lots 20 CH Units 2 Open Space Parcels Phase 8 0 Cabin Lots April 2012 through April 2024 depending an economic and marketing conditions 20 Months after Start of Construction 8 Estate Lots 26 Ranch Lots 0 Pasture Lots 21 CH Units 1 CH Parcels 0 Utility Parcel 0 Open Space Parcels Emergency Access Roads extended along the alignments of Red Cliff Loop to Highgrange Pass in accordance with the requirements of the AHJ CR114 Improvements: From the End of the Phase 2 Improvements near CMC to the Intersection with State Hwy 82 FEBRUARY 2012 PAGE 2 OF 6 17 SPRING VALLEY RANCH PUD ESTIMATED DEVELOPMENT PHASING SCHEDULE Phase Elements Estimated Start of Construction Estimated Completion of Construction Phase 9 0 Cabin Lots April 2013 through April 2025 depending on economic and marketing conditions 20 Months after Start of Construction 0 Estate Lots 15 Ranch Lots 0 Pasture Lots 1 Open Space Parcels 0 Utility Parcel Phase 10 0 Cabin Lots April 2013 through April 2026 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 FEBRUARY 2012 PAGE 3 OF 6 18 SPRING VALLEY RANCH PUD ESTIMATED DEVELOPMENT PHASING SCHEDULE Phase Elements Estimated Start of Construction Estimated Completion of Construction Mountain Phase 1 11 Mountain Lots April 2011 through April 2018 depending on economic and marketing Conditions 20 Months after Start of Construction Emergency Access Road through Mountain Phase 2 8.3 and down Landis Creek (see Note 2) Mountain Phase 2 11 Mountain Lots April 2011 through April 2019 depending on economic and marketing conditions 20 Months after Start of Construction i Mountain Phase 3 10 Mountain Lots April 2011 through April 2020 depending an economic and marketing conditions 20 Months after Start of Construction Mountain Phase 4 15 Mountain Lots April 2011 through April 2021 depending on economic and marketing conditions 20 Months after Start of Construction 1 utility Parcel Mountain Phase 5 16 Mountain Lots April 2011 through April 2022 depending on economic and marketing Conditions 17 Months after Start of Construction 1 a Mountain Phase 6 w 6 Mountain Lots April 2011 through April 2023 depending on economic and marketing conditions .. 20 Months after Start of Construction _ FEBRUARY 2012 PAGE 4 OF 6 19 SPRING VALLEY RANCH PUD ESTIMATED DEVELOPMENT PHASING SCHEDULE Phase Elements Estimated Start of Construction Estimated Completion of Construction Mountain Phase 7 5 Mountain Lots , April 2011 through April 2024 depending on economic and marketing conditions 20 Months after Start of Construction Mountain Phase 8 3 Mountain Lots April 2012 through Aprii 2025 depending on economic and marketing conditions 20 Months after Start of Construction Mountain Phase 9 I 3 Mountain Lots April 2012 through April 2026 depending on economic and marketing conditions 20 Months after Start of Construction Mountain Phase 10 3 Mountain Lots April 2012 through April 2026 depending on economic and marketing conditions 20 Months after Start of Construction Mountain Phase 11 8 Mountain Lots April 2012 through April 2026 depending on economic and marketing conditions 17 Months after Start of Construction FEBRUARY 2012 PAGE 5 OF 6 20 SPRING VALLEY RANCH PUD ESTIMATED DEVELOPMENT PHASING SCHEDULE 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 Firs 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. H101 269118lsubmittai\Exhibit 21l[development schedule 20070814.xts]Note FEBRUARY 2012 PAGE 6 OF 6 21 MI u ›- kk z ❑ 0 co, J Li' a � g ELS �o .0 W -,....0 'mm¢ _Nw W . LL -0v C NrZt u +t 0 ni 4 N 00 0 • Efrry 11111 ' 3110(111,1 111'ilttiV;f l riliii 11111 Reception#: B25666 1210512012 132 4E1.49 PM Joan Alberica 22 of 22 Rec Fee.V.00 Doc Fee O.OL GARFIELD COUNTY CO EXIIBIT D Phasing Map I]OHIBli D PHASING MAP SPRING VALLEY RANCH P.U.D. ni rt7 HowirtTnv fl LI ' u -• u ALL E71 a ua pynar. h1TE Peeh. 1,1011 0.111wiememer- A Full Size Copy is Available for Review at the Building and Planning Office and is Recorded with the Garfield County Clerk and Recorder at Reception No. q $a G5 22