HomeMy WebLinkAbout4.0 Director's Determination 02.27.2017SjC Garfield County
COMMUNITY DEVELOPMENT
108 Eighth Street, Suite 401, Glenwood Springs, CO 81601
Tel: (970) 945-8212, Fax: (970) 384-3470
February 27, 2017
Karl J. Hanlon, Esq.
Karp Neu Hanlon, P.C.
PO Drawer 2030
Glenwood Springs, CO 81602
DIRECTOR DETERMINATION - Spring Valley Ranch — Vested Rights and
Phasing Plan Amendment — Spring Valley
Holdings, LLC - Garfield County File Numbers
PUAA-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
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
2
Phase
Phase 1
Phase 2
Phase 3
Phase 4
SPRING VALLEY RANCH PUD
ESTIMATED DEVELOPMENT PHASING SCHEDULE
Elements
0 Cabin Lots
0 Estate Lots
0 Ranch Lots
1 Pasture Lots
1 Sales Office
1 Gate House
4 Open Space Parcels
20 Cabin Lots ,
-
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
21 Cabin Lots
39 Estate Lots
17 Ranch Lots
0 Pasture Lots
1 Mountain Lot
1 RR Parcel
2 Open Space Parcels
8 Cabin Lots
0 Estate Lots
0 Ranch Lots
0 Pasture Lots
20 Workforce Housing Units _
4 Village Center Parcels _
3 Open Space Parcels
Estimated Start of
Construction
April 2011
Estimated
Completion of
Construction
November 2011
Completion by April
2011 through April
20172022
depending on
economic and
marketing conditions
April 2011 through
April 2018
Completion by April
o rm
depending on
economic and
marketing conditions
April 2011 through
April 2019
Completion by April
2024
depending on
economic and
marketing conditions
20 Months after Start
of Construction
20 Months after Start
of Construction
20 Months after Start
of Construction
Phase
Elements
Estimated Start of
Construction
Estimated
Completion of
Construction
Phase 5
_
48 Cabin Lots
April 2012 through
April 2021
20 Months after Start
of Construction
7 Estate Lots
Completion by April
14 Ranch Lots
2025
0 Pasture Lots -
depending on
economic and
marketing conditions
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
April 2012 through
April-2422Cornpletion
20 Months after Start
of Construction
34 Estate Lots
by April 2025
18 Ranch Lots
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
)ugh
April 2023
20 Months after Start
of Construction
24 Estate Lots
.=cr,; ,I::. i,,:i hy.i_\011
2025
depending on
economic and
marketing conditions
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 202,1
20 Months after Start
of Construction
a
8 Estate Lots
Completion Inv Anr is
26 Ranch Lots
2025
0 Pasture Lots
on
economic and
marketing conditions
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
Phase
Elements
Estimated Start of
Construction
Estimated
Completion of
Construction
Phase 9
0 Cabin Lots
April 2013 through
April 2025
20 Months after Start
of Construction
0 Estate Lots
Completion by April
15 Ranch Lots
2025
0 Pasture Lots
Depending on
economic and
marketing conditions
1 Open Space Parcel
0 Utility Parcels
Phase 10
0 Cabin Lots
Apr-i1-2-0-1-3-through
April 2026
20 Months after Start
of Construction
0 Estate Lots
Completion by April
6 Ranch Lots
7(175
Depending on
economic and
marketing conditions
0 Pasture Lots
0 Open Space Parcel
Mountain
Phase 1
11 Mountain Lots
April 2011 through
April 2018
20 Months after Start
of Construction
Completion lyApril
2023
Emergency Access Road through
Mountain Phase 2 & 3 and down
Landis Creek (see Note 2)
depending on
economic
and marketing
conditions
Mountain
Phase 2
11 Mountain Lots
April 2011through
April 2010
20 Months after Start
of Construction
Completion by April
2024
depending on
economic and
marketing conditions
Mountain
Phase 3
10 Mountain Lots
April 2011 through
20 Months after Start
of Construction
April 2020
Completion by April
•)mc
depending on
economic and
marketing conditions
Mountain
Phase 4
15 Mountain Lots
April 2011 through
April 2021
20 Months after Start
of Construction
Completion by April
2025
1 Utility Parcel
depending on
economic
and marketing
conditions
Mountain
Phase 5
16 Mountain Lots
April 2011 through
April 2022
17 Months after Start
of Construction
Completion by April
2025
depending on
economic and
marketing conditions
Phase
Mountain
Phase 6
Mountain
Phase 7
Mountain
Phase 8
Mountain
Phase 9
Mountain
Phase 10
Mountain
Phase 11
Elements
6 Mountain Lots
5 Mountain Lots
3 Mountain Lots
3 Mountain Lots
3 Mountain Lots
8 Mountain Lots
Estimated Start of
Construction
April 2011 through
April 2023
Completion by April
2025
depending on
economic and
marketing conditions
April 2011 through
Affil -2424
Completion by April
2025
depending on
economic and
marketing conditions
April 2012 through
April 2025
Completion by April
2025
depending on
economic and
marketing conditions
April 2012 through
April 2026
Completion by Apr i!
2025
depending on
economic and
marketing conditions
April 2012 through
April 2026
Completion bv April
2025
depending on
economic and
marketing conditions
April 2012 through
April 2026
Completion by Apr'I
2025
depending on
economic and
marketing conditions
Estimated
Completion of
Construction
20 Months after Start
of Construction
20 Months after Start
of Construction
20 Months after Start
of Construction
20 Months after Start
of Construction
20 Months after Start
of Construction
17 Months after Start
of Construction
Note 1: The emergency access road must meet the applicable minimum standards of the International
Fire Code and the design must be acceptable to the Glenwood Springs Fire Department
Note 2: The workforce housing units may be placed into other phases provided that the parcel in which
the units are to be placed is platted and work force housing is a permitted use within the zone district of
the parcel.
EXHIBIT
ia
AM.END :D AND RESTATED DEVELOPMENT AGREEMENT
SPRING VALLEY RANCH PLANNED UNIT DEVELOPMENT
THIS AGREEMENT, is made and entered into between the BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF GARFIELD, a body politic and corporate (the
"County"), SPRING VALLEY HOLDINGS, LLC, a Delaware Limited Liability Company
("Developer"), and SPRING VALLEY RANCH COMMUNITY MASTER ASSOCIATION,
INC., a Colorado non-profit corporation (the "HOA"). The County, Developer, and the HOA may
hereinafter be referred to collectively as the "Parties".
WITNESSETH:
A. Developer is the owner of certain real property located in Garfield County,
Colorado, more particularly described in Exhibit 1 ("Developer's Property"). The HOA is the
owner of certain real property located in Garfield County, Colorado, more particularly described
in Exhibit 2 ("HOA Property"), which property was conveyed to the HOA by Developer for the
purposes described in the Project Plans (defined below). The Developer's Property and HOA
Property are collectively referred to as the "Property."
B. By Resolution No. 2008-55, which was approved in a public hearing before the
Garfield County Board of County Commissioners on December 7, 2007 and memorialized in a
Resolution signed on April 21, 2008, recorded in the real property records of Garfield County as
Reception No. 747015, and corrected by Resolution No. 2010-38, the Garfield County Board of
County Commissioners (the "Board") approved the Spring Valley Ranch Planned Unit
Development (the "SVR PUD"). The SVR PUD contemplates residential and commercial uses
with significant active and passive open space areas (the "Project"), as documented in Resolution
2010-38, recorded in the real property records of Garfield County as Reception No. 786992 and
incorporated by this reference.
C. By Resolution No. 2008-56, which was approved in a public hearing before the
Garfield County Board of County Commissioners on December 7, 2007 and memorialized in a
Resolution signed on April 21, 2008, recorded in the real property records of Garfield County as
Reception No. 747016, the Board approved the Preliminary Plan for the SVR PUD (the "SVR
Preliminary Plan").
D. By Resolution No. 2012-95, which was approved in a public hearing before the
Garfield County Board of County Commissioners on November 13, 2012. the Development
Agreement was amended to include 21 phases, dates of completion, and the HOA property
description.
D E. The SVR PUD and SVR Preliminary Plan contemplate eleven (1 i )twenty-one (21)
separate phases of development for the Project, wherein each phase will require final plat approval.
F. The SVR PUD and SVR Preliminary Plan provide that the first phase of
development of the Project will consist of one parcel (P-1) owned by Developer, on which is
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located an existing dwelling unit, and the HOA Property, which consists of open space and limited
entryway improvements ("Phase 1 "). Developer does not plan, and Phase 1 does not contemplate,
any new dwelling units. The County and the Developer recognize that this configuration represents
a unique factual situation that does not create or imply any precedents for other developments in
the County.
F G. The SVR PUD provides that the start of construction for each phase is based on the
date of approval of the final plat for Phase 1 (the "Phase 1 Final Plat"); provided, however, that
the final plats for all phases of the Project are approved no later than fifteen (15) years after the
date of approval of the Phase 1 Final Plat (the "Phasing Plan").
G H. By motion, dated July 21, 2008, the Board approved an extension of not more than
one (1) year for Developer to commence development of the Project or submit an application for
the Phase 1 Final Plat (the "Approved Extension").
1471. Developer submitted a complete application for the approval by the County of the
Phase 1 Final Plat in the time period allowed by the Approved Extension and has,
contemporaneously herewith, brought the Phase 1 Final Plat before the Board for final approval.
The County has considered and approved the application for approval of the Phase 1 Final Plat
and the request to approve this Development Agreement, after notice and public hearing as
required by law, and pursuant to the requirements of Section 5-305 of the Garfield County Land
Use Resolution of 2008 (the "LUR"). The County finds and determines that the Phase 1 Final Plat
constitutes a "Site Specific Development Plan," as that term is defined in C.R.S. § 24-68- 102(4)(a)
and Section 1-202(B) of the LUR.
f:J. The Vested Property Rights Statute C.R.S. §§ 24-68-101 et seq. (the "Statute") and
the LUR provide for the establishment of vested property rights in order to advance the purposes
stated therein, and authorize the County to enter into development agreements with landowners
providing for vesting of property development for periods greater than three (3) years.
JFK. Development of the Property in accordance with the SVR PUD, SVR Preliminary
Plan, Phase 1 Final Plat, and such future final plats that are approved for the various phases of the
Project (collectively, the "Project Plans") will provide for orderly, well planned growth in
accordance with the policies and goals stated in the Garfield County Comprehensive Plan, provide
significant trails and open space, promote diversity of housing stock, ensure reasonable certainty
and stability in the land use planning process, stimulate economic growth within the County, and
otherwise achieve the goals and purposes of the Statute and LUR.
KL. Development of the Property will also require substantial investments in
infrastructure improvements and public facilities, both on the Property and outside the Property,
which will serve the needs of the Property and the County. Such investments can be supported
only with assurances that development of the Property can proceed to ultimate completion as
provided in the Project Plans and this Agreement.
In exchange for the foregoing benefits and other benefits to the County
contemplated by this Agreement, together with the public benefits served by orderly and well
2
planned development of the Property, Developer desires to receive vested property rights in the
Project Plans in accordance with this Agreement.
l -N. In addition, and notwithstanding the foregoing recitals, in light of the current
difficulties and volatility of the national housing and lending market, ii: may not he prudent for
Developer to undertake the large expenditures of funds necessary to commence development of
Phase 2 and subsequent phases within the time frame set forth in the Phasing Plan. In the event
Developer decides not to commence development of phases subsequent to Phase 1 within the time
frame set forth in the Phasing Plan or otherwise does not comply with the Phasing Plan, Developer
seeks the County's assurance that it will undertake the procedures necessary to return the Property
to its prior configuration and rezone the Property from PUD to a zone district that meets the
requirements of law. In such event, Developer further seeks the HOA's assurance that it will re -
convey the HOA Property back to Developer for the purpose of effectuating the return of the
Property to its prior configuration.
MO. The mutual promises, covenants, and obligations contained in this Agreement are
authorized by the statutes of the State of Colorado and the laws of the County.
NOW, THEREFORE, in consideration of the promises cited above and the mutual
covenants and promises contained herein, the sufficiency of which is acknowledged, the County
and Developer agree as follows:
1. Incorporation of Recitals. The Parties agree that the aforesaid recitals are true and
correct, and those recitals are hereby incorporated into the body of this Agreement.
2. General Provisions.
(a) Scope. The terms and conditions of this Agreement shall apply to the
Property.
(b) Phasing. Construction of the Project is anticipated to occur in up to eleven.
(1 1)twenty-one (21) phases, with Phase 1 being the initial phase of the Project, and
construction of subsequent phases occurring in accordance with the Phasing Plan set forth
in the SVR PUD.
3. Vesting of Certain Property Rights. The County and Developer hereby agree that
Developer shall have a vested property right to the extent provided in this Agreement to undertake
and complete development and use of the Property.
(a) Intent of Vesting System. The vesting system set forth in this Section 3
balances the County's obligation to protect the public health, safety and welfare of the
community and its desire to facilitate the highest quality development with Developer's
private property rights and Developer's need to rely on County approvals to achieve an
economically viable project.
(b) Overview of Vesting System.
3
(i) Nature of Vested Rights. During the term of vested rights set forth
in Section 3(d) below, Developer will have the right to develop uses at such
densities and in the general locations on the Property described in the approved
Project Plans. Upon County approval of any future final plats that are approved for
the various phases of the Project, such plats shall automatically be entitled to the
same vested rights as have been granted herein for the same period of vesting which
remains under this Agreement.
(c) Rights That Are Vested. The rights identified herein or as may hereafter be
acquired by operation of any state or local vested property rights law shall constitute vested
property rights under this Agreement and shall not be taken by the County without just
compensation. These rights include the following:
(i) No Downzoning. The maximum number of residential dwelling
units and acres for residential use, and the total gross acres for non-residential uses,
as set forth in the Project Plans are hereby vested.
(ii) Uses, Densities and Locations. The right to develop the Property
in accordance with the uses, densities, and general locations set forth in the Project
Plans is hereby vested.
(iii) Site Development Standards. The right to develop the Property in
accordance with the design standards, development standards, and terms and
conditions set forth in the Project Plans and the resolutions of the Board approving
the same is hereby vested.
(iv) Timing of Development. The right to commence and complete
development of the Property at such time in such order and at such rate as set forth
in the Phasing Plan of the SVR PUD. This provision of this Agreement supersedes
any County rules or regulations that require development to be commenced or
completed in any specific time frame.
(v) Subsequent Approvals. The right to receive all County approvals
necessary for development of the Project provided that subsequent final plat
submittals or applications for other approvals comply with this Agreement and the
-Project Plans, and all applicable standards and regulations, including then -current
duly -adopted, generally applicable regulations.
(vi) Site Specific Development Plan. As to the matters vested under this
Agreement and the Project Plans, including any future final plats that are approved
by the County for the various phases of the Project, shall be considered a site-
specific development plan for the purposes of the Statute and Sections 1-201 and 1-
202 of the LUR. The following statement is provided to satisfy the requirements
of Section 4-502(H)(2) of the LUR:
Approval of this plan shall create a vested property right pursuant to
article 68 of title 24, C.R.S. as amended.
4
(d) Term of Vested Rights. In recognition of the size of the Project
contemplated by this Agreement and the Project Plans, the time required to complete the
Project, the need to proceed in phases, and varying economic cycles and market conditions
likely to occur during the course of development of the Project, the County agrees that the
rights identified as vested rights in this Section 3 shall be vested for a period of fifteen •
(15) years from the effective date of the County's approval of this Agreement.
(e) Adoption, Notice and Effective Date. The County has adopted this
Development Agreement as a legislative act subject to referendum, as required by C.R.S.
§ 24-68-104(2). As set forth in and required by C.RS. § 24-68-103(c), within 14 days from
the date hereof, the County shall cause to be published in a newspaper of general circulation
within the County, a notice advising the general public of the approval of the Phase 1 Final
Plat as a Site Specific Development Plan and the creation of vested property rights pursuant
to this Development Agreement and C.RS. §§ 24-68-101 et. seq. The effective date of the
County's approval of this Development Agreement shall be the date of said publication.
4. No Obligation to Develop. Notwithstanding anything to the contrary contained in
this Agreement and the Project Plans, Developer shall have no obligation to develop all or any
portion of the Property, except as set forth in the Subdivision Improvements Agreement for Phase
1 as the same may be amended. In the event Developer does not commence development of Phase
2 within the time frame set forth in the Phasing Plan and described below, the terms of this Section
4 shall apply.
(a) In accordance with the Phasing Plan, the date for start of construction for
Phase 1 shall be April 2014. Therefore, according to the Phasing Plan. the start of
construction for Phase 2 must commence by April 201-72022.
(b) At any time before April 1, 204-72022, the Developer may notify the County
and the HOA of its intent not to proceed with the development of Phase 2 and subsequent
phases. In such event, the Developer may withdraw the Project Plans in accordance with
the procedure in Section 12-103(E) of the LUR.
(c) In the alternative, the County and Developer agree that the Developer shall
be in violation of the Phasing Plan on April 1, 2017 2022 if the Developer does not file
with the County an application for approval of a final plat for Phase 2 on or before March
31, 20442022, by notice to the Developer and the HOA.
(d) As soon as practicable after the effective date of the withdrawal of the
Project Plans described in Section 4(b) above, or the violation ofthe Phasing Plan described
in Section 4(c) above, the Developer may undertake and the County will consider the
procedures necessary to return the Property to the configuration that existed prior to the
approval of the Phase 1 Final Plat, in accordance with the procedures set forth in 30-28-
139, C.R.S. and Section 12-106 of the LUR. As part of such process and immediately upon
request of the Developer, the HOA shall convey the HOA Property to Developer, by good
and sufficient general warranty deed, free and clear of all liens and encumbrances.
Concurrently therewith, if requested by the Developer, the County shall undertake the
procedures necessary to rezone the Property from PUD to a zone district that meets the
5
requirements of law. Nothing in this Agreement shall be construed to require any particular
action by the 13OCC on any such rezoning request.
(e) Completion of the procedures described in Section 4(b) and (d) above,
including any appeals thereof, shall constitute a forfciture of the vested rights set forth in
this Agreement. In such event, the County may memorialize the forfeiture of the vested
rights set forth in this Agreement by resolution or other appropriate vehicle. In such event,
the Developer waives any right to notice and hearing pursuant to Section 12-103(F) and
waives all rights pursuant to Section 12-107 of the LUR.
(f) In addition to undertaking the procedures set forth in this Section 4, the
County reserves all of its rights, including but not limited to rights of enforcement, at law
or in equity with respect to the Project Plans, and including but not limited to the right to
enforce the terms of this Agreement or forfeit the rights conferred by this Agreement in
accordance with law. Except as expressly set forth in this Section 4, the Developer reserves
all of its rights at law or in equity with respect to the Project Plans and any action of the
County with respect thereto, including but not limited to the right to enforce the terms of
this Agreement.
5. Severability. If any provisions or parts of this Agreement are judged unenforceable
or invalid, to the extent practicable, such judgment shall not affect, impair, or invalidate the
remaining parts of this Agreement, the intention being that the various parts and provisions hereof
are severable.
6. Recording of Agreement. This Agreement shall be recorded with the Garfield
County Clerk and Recorder at Developer's expense and shall be a covenant running with and
against all the property, property rights, and improvements contained within the Property described
in Exhibits 1 and 2. in order to put prospective owners, purchasers, successors, assigns, and others
acquiring any interest in the Property on notice as to the terms and obligations herein.
7. Binding Effect. Unless otherwise provided herein, this Agreement shall be binding
upon Developer's heirs, successors, assigns, transferees, and any other person or entity acquiring
or purchasing any interest in any of the Property.
8. Notice. Any notice to Developer or the County, which may be given under the
terms of this Agreement, shall be in writing and shall be deemed sufficiently given when sent
certified U.S. Mail and first class mail, postage prepaid, addressed as follows:
TO DEVELOPER:
Spring Valley Holdings, LLC
Attn: Stephanie Zimmerman eld-beit
Seligman Western Enterprises, Ltd.
One Towne Square,
Suite 1913
Southfield. MI 48076
Phone: 248-351-4876
6
6
San F C A 9h 1 1-L
nh..ne. A 1 S 654 889
Fax:
TO THE HOA:
Spring Valley Ranch Community Master Association, Inc.
Attn: Attn: Daniel Goldberg
P.O. Box 1146
4000 County Road 11 S
Glenwood Springs, CO 81602
Phone: 115.658.2889
TO THE COUNTY:
Garfield County Board of County Commissioners
Attn: Community Development Director
108 Eighth Street, Suite 401
Glenwood Springs, CO 81601
Phone: 970.945.8212
Fax: 970.384.3470
The Parties shall provide notice of any change in the above -referenced information.
9. Applicable Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Colorado
10. Counterparts. This Agreement may be executed in counterparts, each of which will
constitute one and the same instrument.
IN WITNESS WHEREOF, and agreeing to be fully bound by the terms of this Agreement,
the Parties have set their hands below on this day of , 20 ,
.DEVELOPER:
SPRING VALLEY HOLDINGS, LLC,
a Delaware Limited Liability Company
By:
Name:
Its:
7
ATTEST:
By:
Clerk of the Board
ASSOCIATION:
SPRING VALLEY RANCH COMMUNITY
MASTER ASSOCIATION, INC.,
a Colorado non-profit corporation
By:
Name:
Its:
COUNTY:
By:
Name:
Its: Chairman
8
EXHIBIT 1
DEVELOPER'S PROPERTY
Property description has not changed so it is only included in the clean version of this Development
Agreement.
9
EXHIBIT 2
HOA PROPERTY
• OSP Parcel A
• OSP Parcel B
• OSR Parcel A
• OSR Parcel B
of Phase 1, Spring Valley Ranch PUD, Garfield County, Colorado, according to the Amended
Plat thereof filed with the Garfield County Recorder as Reception No. 828064
10