HomeMy WebLinkAbout7.0 Resolution 2017-31111 Fan' I 1P11kliMt11h'leklia NAM 111.L 111111
Reception#: 894968
07119/2017 12:17:06 PM Jean Alberico
1 of 32 Rao Fee:$0,00 Doc Fee:0.00 GARFIELD COUNTY CO
STATE 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 12th day of June A.D. 2017, there were present:
John Martin
Mike Samson
Tom Jankovsky
Jan Shute
Kelly Cave
Jean Alberico
Kevin Batchelder
, Commissioner Chairman
, Commissioner
, Commissioner
, Assistant County Attorney
, Assistant County Attorney (Absent)
, Clerk of the Board
▪ County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 4/ ft- c/
A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY
COMMISSIONERS TO EXECUTE AN AMENDMENT TO THE DEVELOPMENT
AGREEMENT AND AUTHORIZE THE AMENDED PUD PHASING PLAN FOR THE
SPRING VALLEY RANCH PLANNED UNIT DEVELOPMENT
Recitals
A. The Garfield County Community Development Department received a request for
an Administrative Review of a Non -Substantial Amendment to the PUD Plan ("PUD
Amendment") and an amendment to the approved Development Agreement for Spring Valley
Ranch PUD ("Development Plan Amendment") (collectively the "Application"). The Application
was submitted by owners of the property, Spring Valley Holdings LLC ("Applicant").
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, 28, 29, 33 and 34, T6S, R88W. The legal description
of the property is included as Exhibit A.
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,
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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.
E. 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, PUD 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. On November 13, 2012, the Board approved Resolution No. 2012-95 titled "A
Resolution Authorizing The Chairman of the Board Of County Commissioners to Execute an
Amended Plat, and First Amendment to the Development Agreement Spring Valley Ranch
Planned Unit Development and Authorizing the Execution of a Release of Subdivision
Improvements Agreement and Acknowledgement of Satisfaction and Direction to Treasurer
Regarding the Treasurer's Deposit Agreements For Phase I Spring Valley Ranch P.U.D."
I. The Director of the Community Development Department made a determination
that the requested PUD Amendment and Development Plan Amendment were "non -substantial
amendments" pursuant to the ULUR. As a result, the Application is subject to an Administrative
Review in accordance with the Unified Land Use Resolution of 2008 as amended ("ULUR").
J. On February 27, 2017, the Director of the Community Development Department
issued a Director's Determination approving with conditions a Non -Substantial PUD Amendment
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.
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K. In accordance with the Director's Decision and conditions of approval, the purpose
of this Resolution is to authorize the execution of the Amended and Restated Development
Agreement Spring Valley Ranch Planned Unit Development to approve an Amended Spring
Valley Ranch PUD Estimated Development Phasing Schedule attached hereto and incorporated
herein as Exhibit C and Exhibit D.
L. No further extensions of the PUD Phasing Plan shall be approved.
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, Phase 1 Final Plat recorded at
Reception No. 793243, First Amended Plat of Phase 1 recorded at Reception Number 828064 and
Resolution 2012-95 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
Amended and Restated Development Agreement for the Spring Valley Ranch Planned Unit
Development.
4. The PUD Development Phasing Schedule is superseded and replaced in its entirety
with the Phasing Schedule attached hereto as Exhibit C and Exhibit D.
5. The findings and conditions contained in the Director's Decision attached as
Exhibit B are incorporated by reference as part of this Resolution.
41
Dated this 1 1 day of
ATTEST:
Nc,
GARFIEL P COUN BOARD OF
OMMISS ONERS, GARFIELD
Cb TY, ; OLORAD
, A.D. 20 i .
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Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN , Aye
COMMISSIONER MIKE SAMSON , Aye
COMMISSIONER TOM JANKOVSKY , Aye
STATE OF COLORADO )
)ss
County of Garfield )
I, , County Clerk and ex -officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certify that the
annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board
of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this day of , A.D. 20
County Clerk and ex -officio Clerk of the Board of County Commissioners
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EXHIBIT A
(seven pages)
LEGAL DESCRIPTION OF DEVELOPER'S PROPERTY
UNPLATTED 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 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°5709" 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 5 89°58'46" E 1320.64 feet along the north line of the
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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 SWI/4NW1/4 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 W 1 /2S W 114 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 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 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 comer of the W1/2NW1/4 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 the following seven courses along the boundary
of OSR 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 10°35'55" W a distance of 486.06 feet;
2. thence S 84°55'34" W a distance of 105.09 feet;
3. thence S 18°16'05" W a 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 S 33°38'08" W a distance of 126.67
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feet;
5. thence S 49°00'11" W a distance of 87.00 feet;
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°0927" 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 central 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 PUD - Phase 1, Final 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" E 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 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;
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
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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°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 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;
28. thence 416.54 feet along the arc of a tangent curve to the right, having a radius of 5288.82
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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
Comer 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 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 comer 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 NW1/4SWI/4 of said Section 15 to the
Southeast Corner of the NW1/4SW1/4; thence S 89°5825" W 1323.59 feet along the south line
of the NW1/4SW1/4 of said Section 15 to the southwest comer of the NWI/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 NW1/4SWI/4 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 less.
ALONG WITH UNPLATTED PARCEL B:
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 line of the NE Quarter of said Section 33 whence the East
Quarter Corner of said Section 33 bears S 88°27'45" E a distance of 628.51 feet; thence N
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88°27'45" W a distance of 305.90 feet; thence N 26°06'27" W a distance of 780.49 feet; thence N
19°01'26" W a distance of 1341.54 feet; thence N 20°15'05" E a distance of 552.69 feet to a
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°10'27" 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 central 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 arc 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" E 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 05°46'46" 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 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 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°4T43" 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;
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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 114 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 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 PI
• OSP Parcel -A
• OSP Parcel -B
• OSR Parcel -A
• OSR Parcel -B
• Highgrange Pass Right -of -Way
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February 27, 2017
EXHIBIT B
(16 pages)
Garfield County
Kari J. Hanlon, Esq.
Karp Neu Hanlon, P.C.
PO Drawer 2030
Glenwood Springs, CO 81602
DIRECTOR DETERMINATION -
COMMUNITY DEVELOPMENT
108 Eighth Strcd, Suite 401, GIcnwaod Springs, CO 81601
Td: (970)945-8212, Fax (970) 384-3470
Spring Valley Ranch — Vested Rights and
Phasing Plan Amendment — Spring Valley
Holdings, LLC - Garfield County File Numbers
PUHA-10-16-8493
Dear Mr. Hanlon:
This letter is being provided to you in regard to a General Administrative Review
Application for a Minor Amendment to the Vested Rights and Phasing Schedule
for the Spring Valley Ranch PUD. The request is to allow an additional 5 years to
develop each subsequent phase of the development and amend the Development
Agreement and PUD Phasing Schedule as described in attached Exhibits 1 and 2.
The Director's Determination on the Application is based on the following findings
and subject to the Applicant's representations and conditions of approval.
1. That proper public notice was provided as required for the Administrative
Review PUD Amendment.
2. That with the adoption of conditions, the application is in general
conformance with the 2030 Comprehensive Plan, as amended.
3. That with the adoption of conditions, the application has adequately met the
requirements of the Garfield County Unified Land Use Resolution of 2008,
as amended.
1
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A Director's Decision is hereby issued approving the Application with the following
conditions.
Conditions of Approval;
1. All representation of the Applicant contained in the application shall be
considered conditions of approval unless specifically modified by the Board
of County Commissioners.
2. The amended and approved Development Agreement and PUD Phasing
Schedule shall be signed by the Board of County Commissioners in a Public
Meeting.
This Determination will be forwarded to the Board of County Commissioners for a
period of 10 days so that they may determine whether or not to call up the
application for further review. According to the Land Use and Development Code,
Section 4-112(A), 'a call-up may be initiated by the BOCC, the Director, the
Applicant, or any affected Adjacent Property Owner." Should this time period pass
with no request for review or public hearing, the decision shall be final.
Please contact this department if you have any questions.
Sin
S ower, AICP
Di ector of Community Development Department
C: Board of County Commissioners
file
1
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EXHIBIT
1
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 Space Parcels
Phase 2
20 Cabin Lots
Completion by April
20 Months after Start
of Construction
26 Estate Lois
2041 through April
201#2022
depending on
economic and
marketing conditk ns
9 Ranch Lots
0 Pasture Lots
4 Oben Space Parcels
1 Light Industrial Parcel
Fire Station in accordance with
the requirements of the AHJ
Emergency Access Road
extended along tho 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 depretad on Sheet R41 of
Exhibit 26 near CMC to the
Main Protect Entrance
Phase 3
21 Cabin Lots
Aprii-214-:1-u#sea9h
Apri14018
Completion by Ancil
20 Months after Start
of Construction
39 Estate Lots
17 Ranch Lots
2023
depending on
economic and
marketing conditions
0 Paslere Lots
1 Mountain Lot
1 RR Parcel
2 Open Space Parcels
Phase 4
8 Cabin Lots
April -201 -1 -through
Apri4-2949
Comnletion by April
20 Months atter Start
of Construction
0 Estate Lots
0 Ranch Lots
2024
0 Pasture Lots
depending on
20 Workforce Housing Units -
economic and
4 Wage Center Parcels
marketing conditions
3 Coen Space Parcels
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Phase
Elements
Estimated Start of
Construction
Estimated
Completion of
Construction
Phase 5
48 Cabin Lots
Apri4-2612-through
Aprit.2024
Completion by April
20 Months after Start
of Construction
7 Estate Lots
14 Ranch Lots
2025
0 Pasture Lots
on
economic and
marketing conditions
10depending
CH Units
2 CH Parcels
3 Open Space Parcels
Emergency Access Roads
extended along the alignments
of Ouray Trail and Sapinero
Traa to Highgrange Pass in
accordance with the
requirements of the AHJ
Phase 8
22 Cabin Lots
April-204
20 Months after Start
of Construction
gh
April-2022Completlon
34 Estate Lots
18 Ranch Lots
bx Anri! 2025
depending on
economic and
marketing conditions
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 Cabin Lots
April -2842 through
April -2023
C9mntction by April
20 Months after Start
of Construction
24 Estate Lots
1 RE Parcel
2025
16 Ranch Lots
depending on
economic and
marketing conditions
0 Pasture Lots
20 CH Units
2 Open Space Parcels
_
Phase 8
0 Cabin Lots
April.204-24hrough
April -2024
Completion by April
20 Months after Start
of Construction
8 Estate Lots
26 Ranch Lots
2025
on
economic and
marketing conditions
0 Pasture Lots
21depending
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
_
CR 114 Improvements: From
the End of the Phase 2
Improvements near CMC to the
Intersection with State Hwy 82
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Phase
Elements
Estimated Start of
Construction
Estimated
Completion of
Construction
Phase 9
0 Cabin Lots
April -2013 -through
April -2026
Comp'otlnn by April
20 Months after Start
of Construction
0 Estate Lots
15 Ranch Lots
2025
0 Pasture Lots
Depending on
and
marketing conditions
Open Soave Parcel
1 O Peeconomic
0 Utility Parcels
Phase 10
0 Cabin Lots
Apr}i-2013 trirough
April -2029
Completion by April
20 Months atter Stari
of Construction
0 Estate Lots
6 Ranch Lots
2025
0 Pasture Lots
Dependicg on
economic and
marketing conditions
0 Open Spam Parcel
Mountain
Phase 1
11 Mountain Lots
Apr 12044 -through
Apr+1-2818
Comp'etion by April
20 Months atter Start
of Construction
023
depending an
economic
and marketing
conditions
Emergency Access Road through
Mountain Phase 2 & 3 and down
Landis Creek (see Note 2)
Mountain
Phase 2
11 Mountain Lots
April-2044M'foUgh
April 3018
Conplotion b1LApril
20 Months after Start
of Construction
2024
depending on
economic and
markotino conditions
Mountain
Phase 3
10 Mountain Lots
April-814-Jrlough
April -2020
Completion by April
20 Months after Start
of Construction
2025
depending en
economic and
marketing conditions
Mountain
Phase 4
15 Mountain Lots
-
April-243114-thAwgh
Ap41-202:
Completion by April
20 Months after Start
of Construction
2025
depending on
economic
and marketing
GCnditlons
1 Utility Parcel
Mountain
Phase 5
16 Mountain Lots
April 2011 hreagh
Ap414022
Completion by April
17 Months after Start
of Construction
2025
depending on
economic and
marketing conditions
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Phase
Elements
Estimated Start of
Construction
Estimated
Completion of
Construction
Mountain
Phase 6
6 Mountain Lots
App; eugh
April 2023
Completion by Anil!
20 Months after Start
of Construction
2025
depending on
economic end
marketing conditions
Mountain
Phase 7
5 Mountain Lots
April-204-1--t-rough
April. 2024
Completion by April
20 Months after Start
of Construction
2025
depending on
economic and
marketing conditions
Mountain
Phase a
3 Mountain Lots
Apr+4-2042-throuryh
Apn! 2025
20 Months after Stan
of Construction
Completion by A ri
2025
depending on
economic and
marketing conditions
Mountain
Phase 9
3 Mountain Lots
April 20 -12 -through
April2026
Completion by April
20 Months after Start
of Construction
2025
depending on
economic and
marketing conditions
Mountain
Phase 10
3 Mountain Lots
444 -2612 -through
April -2026
Completion by April
20 Months after Start
of Construction
2025
depending on
economic and
marketna conditions
Mountain
Phase 11
8 Mauntaln Lots
through
Ap41-2020
Completion by April
17 Months after Stan
of Construction
2025
depending on
economic and
marketing conditions
Note 1: The emergency access road must meet the appticabin 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,
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EXHIBIT
2—
AMEND F.D AND
AMENDEf)ANIl RESTATEDII)EVELOPMIENTAGREEMENT
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 thc 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 Properly"). The 11OA 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 thc HOA by Developer for the
purposes described in the Project Plans (defined below).' fhe Developer's Propcny and JIOA
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 headily before the
Ciarlicld County Board of County Commissioners on November 13. 2012. the Development
Anrccmcnt was amended to include 21 phases. dates ur completion, and the 1IOA properI
descripriorl•
1}L'. I lee SVR PUD and SVR Preliminary Plan contemplate eles'en-{-1-1-)tavntv-one (21)
separate phases of development for the Project, wherein each phase will require final plat approval.
&I. The SVR PUD and SVR Preliminary Plan provide that the first phase of
development of the Project will consist of one parcel (P -I) owned by Developer, on which is
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located an existing dwelling unit, and the 110A Property, which consists of open space and limited
entryway improvements ("Phase 1'). Developer does not plan, and Phase I docs 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:G. The SVR PUT) provides that the start of construction for each phase is based on the
date of approval of thc 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").
GA lT3y motion, dated July 21, 2008, the Board approved an extension of not more titan
one (1) year for Developer to commence development of the Project or submit an application for
the Phase 1 Final Plat (the "Approved Extension").
}T: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 thc Phase I Final Plat before the Board for final approval.
The County has considered and approved the application for approval of the Phase I 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 tate Garfield County Land
Use Resolution of 2008 (the "LUR"). The County finds and determines that the Phase I Final Plat
constitutes a "Site Specific Development Plan," as that term is defined in C.R.S. § 24-68- 102(4)(a)
and Section I -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.
3,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
athenvise achieve the goals and purposes of the Statute and LUR.
14: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 cart proceed to ultimate completion as
provided in the Project Plans and this Agreement.
leak!. 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
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planned development of the Property, Developer desires to receive vested property rights in the
Project Plans in accordance with this Agreement.
,147N. In addition, and notwithstanding the foregoing recitals, in light of the current
difficulties and volatility of the national housing and fending market, it may not be prudent for
Developer to undertake the large expenditures of funds necessay 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, De eloper
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 IIOA'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 thc'statutcs 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. Thc Parties agree that the aforesaid recitals are true and
correct, and those recitals arc hereby incorporated into the body of Ibis Agreement.
2. General Provisions.
(a)
Property.
(b) Phasing. Construction of the Project is anticipated to occur in up to eleven
(11)twenty-one (211 phases, with Phase t 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.
Scrape. 'Ihe terms and conditions of this Agreement shall apply to the
3. ' Vesting of Certain Property Rights. Thc 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
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(1) Nature of Vested Rights. During the term of vested rights sct forth
in Section 3(d) below, Developer will have the right to develop uses at such
densities and in the general locations on the Properly 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 shalt 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:
(1) No Downsoning. 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 thc Property
in accordance with the uses, densities, and general locations set forth in thc 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 sinal 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 Scetions 1-201 and 1-
202 of the LUR. The following statement is provided to satisfy the requirements
of Section 4-502(11)(2) of the LUR:
Approval of this plan shall creole a rested properly right pursuant to
article 68 of title 24, C.R.S. as amended.
4
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(d) Term Qf 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 fifeen-
(I5) yours 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 thc 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 sct forth in the Subdivision Improvements Agreement for Phase
1 as the same may be amended. In the event Developer docs 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 20172422.
(b) At any time before April 1, 20172022 the Developer may notify the County
and the 1-IOA of its intent not to proceed with the development of Phase 2 and subsequent
phases. In such event, the Developer may withdraw dte 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 an April 1. 201-7-2022 if the Developer does not rile
with the County an application for approval of a final plat for Phase 2 on or before March
31, 201-72022, 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 Suction 40) above, or the violation ofthe Phasing Plan described
in Section 4(c) above, the Developer may undertake Find thc 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 ofihe 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, thc County shall undertake the
procedures necessary to rezone the Property from PUl) to a zone district that mens the
5
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requirements of law. Nothing in this Agreement shall be construed to require any particular
action by the 13OCC on any such rezoning request.
(e) Completion of the procedures described in Section 4(13) 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 Agrecmcnt 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
arc 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 onler 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 }loldings, LLC
Attn: Stephanie zimmernounDaitiel-Goldberg
Seligman Western Enterprises, Ltd.
One'i'ownc Square.
Suite 1913
Southfield. MI 48076
Phone: 248-351-4876
6
23
1111 Iiirjl 17411:'1lr">�I Mkt ilkil7rOATli ii 11111
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24 of 32 Rec Fee:$0.00 Doc Fee:0.03 GRRFIELD COUNTY CO
600 -Montgomery -Street -40th -Floor
San -Francisco, CA 94441
Phone4-44-5.658.25&9
TO TIIE HOA:
Spring Valley Ranch Community Master Association, Inc.
Attn: Attn andel-6akdhc
P.O. Box 1146
4000 County Road 11 S
Glenwood Springs, CO 81602
Phone:.} -1-5:6r5,8.2889
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 ofwhich will
constitute one and the same instrument
IN WITNFSS WHEREOF, and agreeing to be fully bound by the terms adds 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:
lts:
7
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VIII I raMPLI 4iE IWLIAVI I .lkIM AII411 III
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ATTEST:
By:
Clerk of the Board
ASSOCIA'TlON:
SPRING VALLEY RANCI I COMMUNITY
MASTER ASSOCIATION, INC.,
a Colorado non-profit corporation
By:
Name:
Its:
COUNTY:
By:
Name:
Its: Chairman
8
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EXHIBIT I
DEVELOPER'S PROPERTY
properiv description has not chnnrcd so itis only included In the clean version ofthis 1)evelmmcnt
At!reemcnt.
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1111 EirllVIW11.111 1413IANWhilinW i 11111
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EXHIBIT 2
110,E PROPERTY
▪ OSP Parcel A
. OSP Parcel 13
. 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
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1111 EIC11 i'INV.IRE1416%/TialIOW 11111
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EXHIBIT C
(4 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 Space Parcels
Phase 2
20 Cabin Lots
Completion by April
2022
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
Completion by April
2023
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
Completion by April
2024
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
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Phase
Elements
Estimated Start of
Construction
Estimated
Completion of
Construction
Phase 5
48 Cabin Lots
Completion by April
2025
depending on
economic and
marketing conditions
20 Months after Start
of Construction
7 Estate Lots
14 Ranch Lots
0 Pasture Lots
10 CH Units
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 Cabin Lots
Completion by April
2025
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
CR 115 Improvements: From
CR 114 to the Landis Creek
Entrance to the Project
Phase 7
13 Cabin Lots
Completion by April
2025
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_
Completion by April
2025
depending on
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
CR 114 Improvements: From
the End of the Phase 2
Improvements near CMC to the
Intersection with State Hwy 82
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Phase
Elements
r Estimated Start of
Construction
Estimated
Completion of
Construction
Phase 9
0 Cabin Lots
Completion by 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 Parcel
0 Utility Parcels
Phase 10
0 Cabin Lots
Completion by April
2025
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
Mountain
Phase 1
11 Mountain Lots
Completion by April
2023
depending on
and ic
ma rk
and maeting
conditions
20 Months after Start
of Construction
Emergency Access Road through
Mountain Phase 2 & 3 and down
Landis Creek (see Note 2)
Mountain
Phase 2
11 Mountain Lots
Completion by April
2024
depending on
economic and
marketing conditions
20 Months after Start
of Construction
Mountain
Phase 3
10 Mountain Lots
Completion by April
2025
depending on
economic and
marketing conditions
20 Months after Start
of Construction
Mountain
Phase 4
15 Mountain Lots
Completion by April
2025
depending on
economic
and marketing
conditions
20 Months after Start
of Construction
1 Utility Parcel
Mountain
Phase 5
16 Mountain Lots
Completion by April
2025
depending on
economic and
marketing conditions
17 Months after Start
of Construction
Mountain
Phase 6
6 Mountain Lots
Completion by April
2025
depending on
economic and
marketing conditions
20 Months after Start
of Construction
Mountain
Phase 7
5 Mountain Lots
Completion by April
2025
depending on
economic and
marketing conditions
20 Months after Start
of Construction
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Phase
Elements
Estimated Start of
Construction
Estimated
Completion of
Construction
Mountain
Phase 8
3 Mountain Lots -
Completion by April
2025
depending on
economic and
marketing conditions
20 Months after Start
of Construction
Mountain
1 Phase 9
3 Mountain Lots
Completion by April
2025
depending on
economic and
marketing conditions
20 Months after Start
of Construction
' Mountain
Phase 10
3 Mountain Lots
Completion by April
2025
depending on
' economic and
marketing conditions
20 Months after Start
of Construction
Mountain
Phase 11
8 Mountain Lots
Completion by April
2025
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 unit✓ 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.
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1111 kUDl4A' N KIMA i VAIM E11 111(11
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EXHBIT D
Phasing Map
!4
k
LIOM
OMIT 11)
PHAS1118111P
SPRING VAl1FY RANCH P.U.D.
L
P.. Wom
RdYlx�r.1 �:{
WI WM. w mi
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rr _ lL '
•
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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. 828065
32