HomeMy WebLinkAbout1.0 Applicationffiffi TGMC,".
Lond Use Plonning . Site Design . GIS Anolysis . Public Process
June 28,2019
Glenn Hortmonn, Senior Plonner
Gorfield County Community Development Deportment
l0B Eighth Street, Suite 401
Glenwood Springs, CO Bló0,l
RE: Request to Amend Condition #3 of Loke Springs Ronch PUD Filing 2 Finol Plot
Resolution (Resolution No. 20,l B-3.l )
Glenn:
This letter occomponies the opplicotion to omend Condition 3 of the Finol Plot
Resolution for Filing 2 of ihe Loke Springs Ronch PUD Subdivision, which is being
submitted on beholf of the Berkeley Fomily Limited Liobility Limited Portnership. As
requested in the Pre-opplicotion Summory Form, we hove provided three hord copíes
of the opplicotion ond o digitol copy on o USB thumb drive. The drive contoins
seporote PDF files for the opplicotion norrotive ond eoch of the supporting exhibits os
well os o Word file of the opplicotion norrotive. Also enclosed, is o check mode out to
the G d County Treosurer in the omount of $200.00 for ihe opplicotion review fee.
Wel to working with the Community Development Deportment during the
revrew the enclosed opplicotion. Pleose confoct me if you hove ony questions or
requi ny odditionol informotion.
Re
t
Mol , Principol
Consulting, LLCTG Moll
CC: Mike Berkeley
Enclosures
402Park Drive. Glenwood Springs. Colorodo. Sló01 . P:970.945.0832. F:970.945.0833. E:tim@fgmolloy.com
ffiffi TGMC,',.
Lond Use Plonning'Site Design 'GIS Anolysis' Public Process
June 27,20'|'9
Glenn Hortmqnn, Senior Plonner
Gorfield County Comrnunity Development Deportment
108 Eighth Slreet, Suite 40,l
Glenwood Springs, CO Bl ó01
RE: Request to Amend Condition #3 of Loke Springs Ronch PUD Filing 2 Finol Plot
Resolution (Resolution No. 2018-3,l )
Deor Glenn:
The Berkeley Fomily Limited Liobility Limiied Portnership (Appliconts) ore seeking to
omend Condition 3 of BOCC Resolution No. 20,l8-31 (Exhibit 5), which gronted finol
plot opprovol for Filing 2 of lhe Loke Springs Ronch PUD Subdivision. Condition 3
oddresses revisions ond finolizotion of the Affordoble Housing Agreement. This letter
ond the included exhibits contoin the required informotion ond documenfs for on
omendment to o condition of opprovol os identified in the Pre-opplicotion
Conference Summory provided by the Community Development Deportment (Exhibit
ó). Below is o list of the exhibits included in this opplicotion:
Exhibit l:
Exhibil2:
Exhibit 3:
Exhibit 4:
Exhibit 5:
Exhibit ó:
Exhibit 7:
Exhibit 8:
Exhibit 9:
Exhibit l0:
Exhibii 1 l:
Exhibit 12:
Exhibit l3:
Exhibit '14:
Exhibit 15:
Exhibit I ó:
Completed lond use opplicotion form;
Legol description ond proof of ownership;
Stqtement of Authority ond Authorizotion Letter:
Poyment Agreement form:
Resolution 201 8-31 ;
Pre-opplicotion Conference Summory:
Droft AHA;
Revised Affordoble Housing Plon ond Agreement (AHA);
GCHA Moy 4, 2018 Referrol Letter;
GCHA Grievqnce Letter;
GCHA November 16,2018 Letter;
Droft AHA with GCHA Edits;
GCHA Februory 4,2019 Letter;
Resolution 2016-35:
Certificote of Toxes Poid;
Droft Finol Plol Documents ond Cover Letter
402 park Drive . Glenwood Springs . Colorodo . 8l ó01 'P:970.945.0832' F: 920.945.0833' E: lim@lgmolloy'com
ISR - Request lo Amenil Condition 3 of Resolution 2018-31
June 27, 2019
ISSUE SUMMARY
The BOCC gronted finol plot opprovol for Filing 2 of the Loke Springs Ronch Subdivision
on Moy 21,2018, vio Resolution 20,l8-31. Condition 3 of Resolution 201B-31 requires the
Appliconts to submit o finolized Affordoble Housing Agreement (AHA) with oll edits
completed ond signed by the property owners ond the GCHA prior to scheduling
signoture of the finol plot ond the AHA with the Boord of County Commissioners. The
Appliconts hove completed on AHA which complies with oll requirements of Ariicle B
of the LUDC. The Revised AHA incorporotes the chonges required ln Condition 3(o)
through (e) of Resolution 20.l8-3'l . These chonges include qll of the revisions ond
odditions requested by lhe GCHA in the referrol letter they provided for the Filing 2
finol plot review (see Exhibit g - Moy 4,2018 GCHA Referrol Leiter). Since comptéting
the Revised AHA, the Appliconts hove worked diligently over the post ó months ond
spent thousonds of dollors ottempting to obtoin the signoture of the GCHA ond finqlize
the AHA. The Appliconts hove hod to seek three exlensions to the deodline for
completing the finol plot process from the BOCC primorily due to this issue. The GCHA
hos refused to sign the ogreement unless ihe Appliconts moke revisions which
controdict Condition 3(o) of the finol plol resolution os well os Article I of the LUDC
ond stote ond federol lows governing development exoctions. As o result, the
Appliconfs hove been unoble to fully sotisfy the requirements of Condition 3 due to
the GCHA unreosonobly withholding signoture of the AHA on unconstitutionol
grounds.
The Appliconfs underslond thot hoving o fully executed ond recorded AHA is
imporlont to the County ond the GCHA since this document memoriolizes ihe
slondords ond requirements not just for the AH unit qssocioted with Filing 2bvl for the
remoining phoses of the development os well. To resolve this issue, ihe Appliconts ore
proposing to omend Condition 3 of Resolution 20,lB-3,l in o monner thoi preserves the
GCHA's powers ond duties with respect to the construction ond monogement of oll
futtlre AH rrnits ossocioted with the Loke Springs Ronch PUD, while ollowing the
Appliconts io complete the finol plot process qnd record the finol plot drowings ond
other reloted documents.
This opplicotion includes o summory of the bockground ond chronology of the events
thot hove led to the need for the Appliconts to seek to omend Resolution 20l B-3'l . We
hove olso included the proposed longuoge of the requestcd omendments ond o
discussion of lhe complionce with the opplicoble Code criterio for considerotion of on
omend to q condition of opprovol.
2
402 Pork Drive . Glenwood Springs 'Colorodo . B ì óOl . P:970.945.0832 . F:gZO.g4S.0833 . E:iim@tgmolloy.com
LSR - Request lo Amend Condition 3 of Resolution 2018-31
June 27,2019
CHRONOLOGY
. April 20,lB: Appliconts submit Filing 2 Finol Plot Applicotion (including Droft AHA) lo
Gorfield CountY;
. Moy 4, 20]8: Referrql letter from GCHA. GCHA request 4 odditions to the Drofl
AHA, no other issues ore identified regording Droft AHA;
. Moy 18, 2Ol B: Stoff Report completed for 5/21 BOCC Heoring on the finol plot
opplicotion. Stoff report includes discussion of housing issues ond droft longuoge
for Condition 3;
. Moy 21, 20,l8: BOCC heoring ond opprovol of Resolution 20]8-3] . Condition 3
included with no chonges from longuoge in sioff report;
. November 9, 20l8: Appliconts submits Revised AHA to GCHA. Revised AHA
includes oll modificotions identified in Resolution 20.lB-3,|, including those requested
by GCHA in Moy 4,2018 Referrol Letter;
. November I ó, 20]8: GCHA provides letter re: Revised AHA. Letter indicotes thot
they support oll ospects of Revised AHA except for longuoge stipuloting thot lnterim
AH Unit will not be províded if Filing 2 is not developed. GCHA requests chonges to
Revised AHA thot conflict with Resoluiion 20lB-31, Article B of Gqrfield Couniy LUDC
ond other lows governìng development exoctions;
. November 19, 201B: BOCC gronls 2n¿ 90-doy extension to Finol Plot submission
deodline - new deodline is Februory 19,2019:
Vorious phone colls ond emoils belween
3
a
Appliconts, GCHA ond Community Development Deporiment regording íssues
ossocioted with November 16,2018 GCHA letter. Appliconts request meeting with
County Stoff ond GCHA Executive Director Kotherine Gozunis to oddress AHA issues
in o joint meeting ond ore turned down. County stoff requests written clorificotion
ond rotionole for GCHA position on Revised AHA;
a Februorv 4,2019: GCHA provides letter clorifying position on Revised AHA,
continues to refuse to sign Revised AHA unless revisions ore mCI de thot conflici with
Resolution 20l8-3,|, Article B of Gorfield County LUDC ond other lows (including
constitutionol provisions) governing development exoctions;
Februory 13, 201 9: Appliconts submit grievonce letter to GCHA to seek redress from
position stoted in 214/19 GCHA letter. Grievonce submiited pursuont to LUDC 8-
405, which requires thot o grievonce be received within 10 doys of oction thot is
the bosis of comploint;
a Februory 19.2019: BOCC gronts 3'd extension to finol plot submission deodlìne,
ollows 180-doy extension (new deodline is August I B, 2019). Also on this dote,
Appliconts' represenlotive ond its ottorney hod o conference collwith Ms. Gozunis
402 park Drive . Glenwood Springs . Colorodo 'Bl ó0,I 'P 970.945.0832'F:970.945.0833 ' E: Iim@tgmolloy.com
LSR - Request lo Amend Condition 3 of Re¡olution 20tB-31 4
June 27,2019
ond o GCHA boord member to discuss these issues. During that coll, Appliconts'
ottorney requesteci lhe nqme of GCHA's ottorney in order to discuss these issues
between ottorneys. Ms. Gozunis qnd the GCHA boqrd member indicqted thot
GCHA did in foct hove on oltorney but they refused to identify him/her;
. Februqrv 28,2019: Appliconts ottend GCHA Boqrd meeting to oddress formol
grievonce. GCHA Boord odjourns without rendering decision on grievonce ond
does not provide the Appliconts with ony further informotion qs to why no decislon
wos rendered. Nofe: Minufes for the 2019 GCHA Boord meefings ore not posfed on
the GCHA websife.
r Morch I B, 2019: Appliconts' representotive contocts K. Gozunis by phone seeking
stotus updote regording GCHA Boord decision on grievonce. Ms. Gozunis stotes
thot she wos directed by the GCHA Boord to seek input from fhe County regording
ospects of Article B of the LUDC ond will sel o follow-up heoring with GCHA Boord
to finolize decision regording grievonce sometime thereofter. Appliconts ore never
informed os to exoctly whol lhe Executive Director is seeking clorificotion obout;
. Mid-Morch to Lote-April: Vorious phone colls ond emoils between Applicont's
representotives ond County Stoff regording stotus of finol plot documents ond
GCHA Boord's pending decisions on grievonce. Appliconts receive no further
m
heqring with GCHA Boord;
Mov B, 20,l9: Appliconts' representotive contocts K. Gozunis by phone re: stotus of
GCHA Boord decision on grievonce. Ms. Gozunis indicotes thot she hos o meeting
scheduled wiih County sioff on Moy 22na b discuss AHA issue ond vorious ospects
of Article B. She indicotes she will be in touch on the 23'¿ of Moy to provide
summCIry of meeting ond discuss next steps. During this coll, Ms. Gozunis olso
indicotes thot she hos been odvised by on ottorney not to tolk with Appliconts'
representqtives since o lqwsuit hod been threotened during the Februory 28rh
grievonce heoring.t Appliconfs' representotive osked for the nome of GCHA's
ottorney so Appliconts' representotive could coll him/her to discuss lhese motters.
Ms. Gozunis refused to identify GCHA's ottorney. Loter in the some conversotion,
Ms. Gozunis indicoted thot GCHA wos working to finolize the selection of its
otforney;
n
a
o Mov 2019 county stoff meets with K. Gozunis. Ms. Gozunis never contocts the
o
Appliconis or their representotives regording the outcome of this meeting, os wos
promised during Moy 6t' phone coll;
Mov 29.2019: Appliconts representotive leoves phone messoge for K. Gozunis
requesting ínformotion re: outcome of meeting with County stoff ond stotus of
GCHA Boord decision on grievonce (coll not returned);
t Appliconls vigorously dispute this clqim. No lowsuit ogoinst the GCHA Boord hos
been threotened.
402 Park Drive ' Glenwood Springs 'Colorodo . Bl óOl . P:970.945.0832'F:920.945.0833. E: tim@lgmolloy.com
ISR - Requesl to Amend Condition 3 of Resolution 2018-31
June 27, 2019
. Mov 30, 20,|9: Appliconts represenlotive leoves phone messoge for K. Gozunis
requesting informotion re: oulcome of meeting with County stoff ond stotus of
GCHA Boord decision on grievonce (coll not returned);
a Week of une 3 -7: G enn Horimonn summorizes pertinent portion of discussion
with K. Gozunis from Moy 22nd meeting...Ms. Gozunis indicoted thot she will be
discussing the Loke Springs Ronch AHA with her Boord but won't be oble lo do so
until the July meeling (Boord meetings ore typicolly held during 3'd week of the
monlh). Appliconls representotive notes thot woiting until lote July for o response
from the GCHA won't leove enough time for Appliconts to meet August l Bttt
deodline for completing finol plot process, porticulorly if GCHA decides not to
chonge their decision. Appliconts request Pre-opplicotion Summory for opplicotion
to omend Condition 3 of Resolulion 20lB-31 lo resolve imposse with GCHA;
a June 7 .2019:Appliconts obtoin Pre-opplicotion Summory from County sioff for
opplicotion to omend Condition 3 of Resolution 2018-31 .
BACKGROUND
Pre-Approvol of Finol Plon Resolulion (2018'31)
The Appliconts submilted o Finol Plot opplicotion for Filing 2 of the Loke Springs Ronch
pUD in April of 20,l8. The finol plot opplicotion included o Droft Affordoble Housing
Plon ond Agreement (Droft AHA). A copy of the Droft AHA is included os Exhibit 7.
The Drofi AHA wos bosed on prior versions of lhe AHA which hod been submitted os
port of preliminory plon ond PUD omendment opplicotions in 201 I ond 2015. The Droft
AHA submitted with the Filing 2 Finol Plot opplicoiion in April of 20,lB included severol
chonges from the versions reviewed in 201 I ond 201 5. The Droft AHA provided os
Exhibit Z shows oll of the chonges from the 2015 version highlighted in red. The
chonges contoined in the Droft AHA include housekeeping ond substontive items. The
substontive chonges relote to the Appliconts' request to utilize on existing cobin on the
Loke Springs Ronch property os on interim solution for providing the required
offordoble housing unit ossocioted with Filing 2. The longuoge reloted to the interim
AH unit is contoined in Porogroph 9 of the Droft AHA.
The reoson the Appliconts were seeking the obility to ulilize on interim AH unit hos to
do with the loyout of the subdivision ond the relolionship between the lots in Filing 2
ond Troct A, the porcel where the permonent AH units qre intended lo be constructed
(see Figure 1). Building the permonent AH unit on Troct A would hove required
subdivision of thot troct ond dedicolion of oddilionol rood rights-of-woy, os well os the
instqllotion of subsiontiol odditionol roodwoy ond utiliiies; oll for o single unit. This
would hove been improcticol qnd finonciolly infeqsible since Filing 2 contoins only 14
lois. The finonciol improcticolity is exocerboted by fhe foct thot the permonent AH
units ore intended to be townhomes, which will be built in multi-unit buildings, ond the
mitigotion requirement for Filing 2 is only one unit. ln oddition, development of Filings 3
5
402 Park Drive . Glenwood Springs 'Colorodo'81 ó01 'P 970.945.0832't:970.945.0833' E: tim@lgmclloy.com
ISR - Request to Amend Condition 3 of Resolution 20lB-31
June 27,2019
ond 4 will require construction of the some stretch of rood ond utilities os will be
required to develop the permonent AH units on Troct A. Given these foctors, the
Appliconts orgued, ond Boord of Counly Commissioners ogreed, thot it would be
more logicol to provide on interim AH unit pending development of o permonent AH
unit in concert with the conslruction of the requireci units for Filings 3.
FIGURE I
Source: Loke Springs Ronch PIJD Phasing Plan
ln oddilion fo the oforementioned finonciol improcticolities, the Appliconls were
considering other estote plonning options thol could result in Filing 2 never being
developed. In order to ovoid ony confusion os to whether offordoble housing
mitigotion would be required if Filing 2 wos not developed, the Droft AHA included the
following longuoge (see Porogroph 9):
"lf, for onY rec,son, Filing 2 is nol developed, no offordqbte housing unit will be
requÍred ond the exisfing cqbin wìll not be deed restrìcled."
This longuoge is consistent with Seclions B-l0l(A) ond (B) of the LUDC, which contoin
I he following stotements:
ó
402Park Drive'Glenwood Springs'Colorodo. Bló01 .P:970.945.0832. F:920.g45.0833. E:tim@tgmolloy.com
LSR - Request to Amend Condilion 3 of Resolution 2018'31 7
June 27,2019
"New developmenf sholl be requìred fo provide Affordable Housing thol mÍÍigoles
the impocts that qre ofirìbutable Io the developm ent."
qnd;
"New developmenf sholl be reguired to contribufe fo ihe Affordoble Housing
svpply in ihe Counly, os redson qble and oppropriale with considerolÍon to the
developmenf's impoct on the svpply of Affordoble Housing ovailoble Io the locdl
lobor force."
These provisions were included in the LUDC to ensure consistency wiih well-estoblished
legol precedents thot define limits on the outhority of jurisdictions lo exoct
development offsets. One of these limits is thot there must be "proportionolity"
between the exoction ond the development's impoct. lf lhere is no ultimote
development of Filing 2,lhere is no development impoct, ond thus, the provision of
offordoble housing is not required. The opplicoble lows ond reloted court coses ore
described in Exhibit 10.
On April 27,2018 the Community Development Deportment referred lhe Droft AHA to
lhe GCHA for comment os port of the Filing 2 Finol Plot opplicotion review process.
The GCHA's comments ore memoriolized in o letter doied Moy 4, 2018 (see Exhibit 9).
To summorize, the letter slotes thot the GCHA hos no objection to fhe interim housing
solutíon provided the AHA is revised to include four condilions. Since the Moy 4tn letter
did not mention lhe longuoge contoined in the Droft AHA clorifying thot no AH unit
would be required if Filing 2 wos not developed, the Appliconts ossumed, os did the
County, thot the GCHA understood ond were fine with this concept. Further, the
conditions recommended by the GCHA in the Moy 4r, letter qll oddress detoils reloted
to the lnterim AH Unit. The Appliconfs ond the County Stoff interpreted this to meon
thot if the interim unit is provided (ossuming Filing 2 is developed) these conditions
should be complied with.
Bosed on the comments ond conditions contoined in the Moy 4th GCHA letter, ond on
discussions between the Applicont's representotives ond Dqve Pesnichok, the County
Plonner who processed the Filing 2 finol plot opplicotion, the stoff report for the BOCC
heoring included recommendotions for modificolions to the Droft AHA to be mode
prior to the finol version being executed ond recorded. Those modificotions ore
identified in Conditions 3(o) through (e) of BOCC Resolution 20lB-3,l. Condition 3 is
provided below in its entirety.
3. Prior lo the BOCC signolure on lhe Plol, the Applicont shqll complete the
Affordqble Housing Agreemenf (AHA). The AHA shqll be in finol compleled form
prior lo scheduling lhe document for Boqrd signolure. The AHA sholl be
reviewed qnd occepted by the County Atlorney's Office,lhe Gorfield County
Housing Authorily (GCHA) qnd Community Developmenl Deporlment, with qll
edits compleled qnd signed by the properly owner ond the GCHA, prior lo
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ISR - Request to Amend Condition 3 of Resolution 2018-31
June 27, 2019
scheduling lhe AHA ond Mylor plot for signolure with lhe Boord. The following
qmendmenls to lhe AHA shqll be mode:
o. The AHA shqll be modified lo require thqt the unil be deed reslricled qnd
become ovqilqble qs on offordqble housing unil ql lhe time thot groding
begins on Filing 2;
b. The AHA sholl be modified lo the sotisfoction of lhe GCHA to provide o dole
when lhe interim renlql qffordqble unit willlerminqle qnd the ovoilobility of
lhe permonent for sqle unil will begin;
c. The AHA shqll be modified lo require lhol prior lo recording of lhe deed
reslriclion for the inlerim qffordqble renlql unil. lhe property owner sholl enler
inlo on Affordoble Housing Monogemenl Agreemenl with the Gqrfield
County Housing Authority;
d. The AHA shqll qddress how mqinlenonce qnd snow removqlwill be
monoged for lhe inlerim rentql unit; qnd
e. The AHA sholl qddress inspection of lhe unit by Gorfield County qnd/or lhe
GCHA for compliqnce with building code slqndords qnd HUD-specified
Housing Quolity Stqndqrds.
The modificotions described in Condition 3(o) through (e) include the four conditions
requested by the GCHA ond o fifth modificotion, Condition 3(o), drofted by Mr.
Pesnichok. Condition 3(o), is of porticulorly importonce to the issue being oddressed in
this opplicotion, os it specifies thot the lnterim AH Unit be deed restricted ond mode
ovoiloble os on offordoble housing unit "qt the time thot grqding begins on Filing 2."
This longuoge wos determined to the best solution ofter o thorough discussion
between Mr. Pesnichok ond represeniotives for the Appliconts. The reosons for this
determinotion ore discussed in the following porogrophs.
Mr. Pesnichok wonted the requirement for the deed restriction to be linked to o
threshold thot would provide the County with the ncccssory lcvcrogc to cnsure thot
the deed restriction would be executed. Ordinorily, this threshold is tied to the relecse
of the building permil for the construction of the proposed AH unit(s), since the typicol
situotion is thqt the AH units ore port of o proposed development project ond hove yet
to be constructed (see Section 8-303(A)(l )(o) of the LUDC). Using the building permit
os the threshold ollows the County to review the construction plons for ony proposed
AH unit(s) qnd to ensure thol oll requirements contoined in the LUDC ond in the
opplicoble AHA ore met before o building permit is issued. This threshold olso works
well for the developer since it links the deed restriction to o point in the development
process when pre-construction plonning hos been completed, construclion finoncing
hos been obloined, ond the developer is confident thot they will be proceeding with
lhe project. However, since the proposed AH unit is on existing cobin which would
I
402 Pork Drive 'Glenwood Springs 'Colorodo . 8l ó01 . P:970.945.0832. F:970.945.0833. E: tim@tgmolloy.com
ISR - Request lo Amend Condition 3 of Resolution 2018-31 9
June 27,2019
require no building permit, the Appliconts CInd Mr. Pesnichok ogreed thot the next best
threshold would be of the time groding begins on Filing 2.
The groding threshold wos occeptoble to the Appliconts becouse it provided them
with the necessCIry time to oddress the intent of Condition 3(e) which is to ensure thot
the existing structure is sofe for occuponcy prior to being deed restricted for use os on
AH unit. Achieving this intent would require on inspection by the County Building
Deportment for complionce with opplicoble building codes os well os moking ony
improvements necessory to resolve ony code violotions thot might be identified during
the inspection. The groding threshold would olso ollow the Appliconts to complete
pre-construction plonning, hire o controctor, ond obtoin construction finoncing prior to
committing to deed restrict the existing cobin. ln oddition, the Appliconts were
considering olher estote plonning issues thot could influence whether they would
proceed with the development of Filing 2. These issues were criticol to the drofting of
Condition 3(o) thot wos reviewed, ond subsequently opproved, by the BOCC on Moy
21 ,2018.
Post-Approvol of Finol PIqn Resolution
The Droft AHA wos revised in occordonce with Condition 3 qnd the revised version
(Revised AHA) wqs submitted to the GCHA on November 9, 20'lB (see Exhibit 8). The
Appliconts received o response letter from Kote Gozunis, Executive Director of the
GCHA, on November I ó, 2018 (Exhibit 1 1). The letter indicotes thot Ms. Gozunis ogrees
with ond supports oll ospects of the Amended AHA except for..."the language fhat
soys fhe lnferim AH unit witl not be required in fhe evenf thot Filing 2 is nof developed."
The longuoge to which Ms. Gozunis is referring, is contoined in the second sentence of
Porogroph 9 of the Amended AHA. As mentioned previously, ond repeoted here for
emphosis, this exoct longuoge wos olso included in the drofl version of the AHA, which
Ms. Gozunis reviewed in April of 2018, ond regording which she expressed no concern
in her Moy 4t'referrol comments letter.
The November I óth GCHA letter olso includes the following stotemenf:
"lf is the posifion of fhe GortíeH Counfy Housing Authorify thof it is in fhe best
inferesf of the residenls of Garfield Counfy that we enforce this requíremenf af Final
Plot for Filrng 2, regordless of the future uses."
For clority, the phrose "this requirement" is referring to execution ond recordotion of
the deed restriction on the lnterim AH unit.
It's importont to understond thot lhe GCHA does not hove on odopted set of
regulotions or guidelines ihot codify or support this stotement. Article B of the Gorfield
County LUDC is the regulotory document thot estoblishes the stondords ond
requirements reloted to offordoble housing mitigotion within the County. The GCHA
402 Park Drive . Glenwood Springs . Colorodo '81 ó01 'P 970.945.0832'F:970.945.0833 ' E: tim@tgmolloy.com
LSR - Requesl to Amend Condilion 3 of Resolution 2018-31
June 27,2019
r0
ocknowledges this foct ond their website includes cl link to Article B of the LUDC under
the heoding "Gorfield County Guidelines." The obove-quoted stolement is
inconsistent with the provisions of Article I ond with Condition 3(o) of BOCC Resolution
2018-3,l . Specificolly, Section 8-303(A)(l )(q) of the LUDC specifies thoi deed
resirictions for AH units be executed ond recorded prior to releose of the buildinq
permit for the proposed AH unit(sl. For lhe reosons described previously in this letter,
Condition 3(o) of Resolution 20lB-3,l defers the point otwhich the deed restriction
must be executed/recorded to lhe time when gr:oding begins on Filing 2.
Along with the November I óft' letter, the GCHA provided o red-lined version of the
Revised AHA with severol requested edits (see Exhibit ì2). The Appliconts objected to
severol of the edits becouse they require thot the lnterim AH Unit be deed restricted ot
recording of the Finql Plot for Filing 2 ond ihot the lnterim AH Unit be reploced with o
permonent unit regordless of whether Filing 2 is ever developed. The edits of issue con
be found on poges 2 ond 3 of Exhibit 12.
Becouse Ms. Gozunis' requested edits ore inconsistent with the LUDC, Condition 3(o) of
Resolution 20,lB-3,l, LUDC Article 8 ond the low governing development exoctions ond
equol protection, the Appliconts requested thot Ms. Gozunis reconsider her position
ond the Gorfield County Community Development Deportment requested thol she
provide o more cletoiled rotionqle for the GCHA's position in writing. On Febru ory 4,
2019, Ms. Gozunis provided the Community Development Deportment o letter
regording the GCHA's position ond rotionole (see Exhibit 13). ln this letter, Ms. Gozunis
writes thot the GCHA's position hos not chonged, ond thot;
"lf is the posifion of fhe Garfield County Housing Authori'Íy thçf the requirements for
one Affordoble Housing Unit would be ensured of FínalPlaf (for eoch phose/ os o
condifion for fhe requesfed zoning chonge. The Appttconf slofes thaf this unif witt
never be provided becouse, bosed on recifals of lhe 20t8-31 Reso/ufio n, lhe AH
unit would nof be required unfí consfructíon. The Applicant hos reveoled fo fhis
Aufhorify thot if is fheir inf enfion fo never build on fhe p/of, despif e the zoning
change."
"lf is the posifion of the Gorfield County Housing Aufhorify that ít is in fhe besf
inferesfs of fhe residenfs of Gqrtield Counfy fhaf we enforce fhis condifion requiring
one AH unit in order fo gronf opprovalof fhis zoning chonge, and fhat requirement
be o condttion of the Ftnal Plof for Filing 2, regordless of f uf ure uses. "
As on ínitiol motter, no zoning chonge occurred, nor wqs ony required or requested, in
ossociotion with the finol plot opprovol for Filing 2 of the Loke Springs Ronch
Subdivísion. The Loke Springs Ronch Subdivision is o Plonned Unit Development (pUD).
The PUD zoning for the property wos reviewed ond opproved pursuont to the Plonned
Unit Developments section the LUDC (Article ó). The most recent omendment to the
PUD zoning for the property wos opproved by the County in 20ló vio BOCC Resolution
2016-36. The opplicoble process in this cose is the finql plon/plot review, which is the
402 Pork Drive'Glenwood Springs 'Colorodo . Bl ó01 . P:970.945.0832 . F: gTO.g45.ABæ. E: tim@tgmolloy.com
LSR - Request lo Amend condition 3 of Resolution 2018-31 1l
June 27,2019
finol stoge for Mojor Subdivision Review under Article 5 of the LUDC. The finol plot
review is o somewhoi perfunctory review intended to ensure thot the documents thol
form the officiol record of o legol subdivision, conform to lhe opproved prellminory
plon ond comply with oll other surveying ond documentotion requirements of the
County ond the Stote of Colorodo. While Article B is referred to os "lnclusionory Zoning
for Housing" iis opplicotion lo o specific development opplicotion is not o rezoning.
Article B does not require o rezoning oction, complionce with the rezoning review
criterio contqined in Section 4-l l3(C) of the LUDC is not required, no zone district or
zoning overloy is estoblished ond no chonge to the Officiol Zoning Mop occurs in
ossociotion with o review under Article B. Nor does Arlicle 8 estoblish uses or stondcrds
governing the developmeni, density, ond intensity of lond use.
ln oddition to ignoring o lowful lond use decision of the Boord of County
Commissioners, Ms. Gozunis' stotements simply reinforce her unwillingness fo sign the
Revised AHA unless the Applicont's ogree to revisions thot violote their rights under the
Gorfield County LUDC os well the low governing developmenf exoctions ond equol
protection. Further, Ms. Gozunis' position ploces the Appliconts in o Cotch22, since
by oltering the AHA to require the deed restriction to occur of finol plot for Filing 2,
they would be violoting the unombiguous longuoge of Condition 3(o) of Resolution
2Ol8-31 which stotes; "The AHA sho/l be modifted to require fhaf lhe unifs be deed
resfricfed ond become ovoiloble os sn affordoble housing unif of fhe time grading
W.,,
Given this situqtion, the Appliconts elected to seek on qudience wilh the GCHA Boord
utilizing the grievonce procedure provided for in Section 8-405 of the LUDC. A copy of
the Grievonce Letter is included os Exhibit ,l0. This letter provides bockground
informotion ond outlines the legol orguments supporting the Appliconts contention
thot the position of the GCHA, os sloted in the Februory 4,2019 letter from Ms. Gozunis
is unconstitutionol ond inconsistent with Article I of ihe Gorfield Couniy LUDC ond with
Condition 3(o) of Resolution 2018-3,l . The Appliconts requested thot the GCHA
opprove the Revised AHA withoui the chonges proposed by Ms. Gozunis. The
Grievqnce Letter wos submitted to the GCHA on FebruorY l3t' in occordonce with the
requirements of Section 8-405 of lhe LUDC. The Appliconts representotives met wiih
the GCHA Boord on Februory 28,2019. The GCHA Boord reviewed ihe informotion
contoined in the Grievonce Letter ond osked o number of questions of the Applicont's
representotives ond the GCHA stoff. However, the meeting wos odjourned wilhout o
decision being rendered.
Since the GCHA Boord meeting in Februory, the Appliconts hove been unoble to
moke ony further progress toword finolizing the AHA despite numerous phone colls
ond emoils with the County stoff ond the GCHA. A portiol summory of these efforts is
provided in the Chronology section of this opplicotion. Al one point, ofter severol
unsuccessful ottempts of communicoting with the GCHA ond the County stoff
seporotely, the Appliconts requested o joini meeting with the Counly Stoff ond the
402 park Drive . Glenwood Springs . Colorodo . Bl ó0,l 'P 970.945.A832 " F:970.945.0833' E: lim@tgmolloy,com
LSR - Request lo Amend Condilion 3 of Resolution 20tB-3,1 12
June 27, 2019
GCHA Executive Director only to be turned down. To dote, the Appliconts hove
received no indicotion os lo why no decision hos been rendered on the formol
grievonce filed with the GCHA in Februqry. Nor, despite hoving osked for this
informqtion, hove they been informed os to exoctly whot clorificotion or interpterion
the GCHA Boord directed Ms. Gozunis to seek from the County. The GCHA hos not
posted the minutes for ony of the 20,lg Boord meetings on its website ond in recent
weeks, Ms. Gozunis hos stopped returning colls from the Appliconts representotives. Asq result, the Appliconts now feel fhey hqve exhousted the qvoiloble options for
ochieving o reosonoble solution to finolizing the AHA wilh the GCHA.
PROPOSED AMENDMENT
Despite the frustrotions of the process described in this opplicotion, the Appliconts
remoin committed to providing ony legolly required offordoble housing units
ossocioted with the Loke Springs Ronch Subdivision, including the unit for Filing 2,
ossuming Filing 2 is ever developed. As drofted, ond in conformonce with Condilion
3(o) of Resolution 20lB-3.|, the Revised AHA provides thot the tnterim AH Unit wiil be
deed restricted of groding for Filing 2, and, if Filing 2 is developed, the permonenl
replocement unit will be constructed during lhe development of the nexl subdivision
filing ofter Filing 2, which is currently plonned to be Filing 3. The Appliconts qre not
ottempting to ovoid their obligotion to provide offordoble housing ond ore only
seeking to shift the time when the AHA must be signed by the GCHA to o loter dote
thon wos contemploted in Resolution 201B-3.l . To occomplish this, lhe Appliconis ore
proposing to omend Condítion 3 os follows (blue text shows proposed chonges):
Prior to the BOCC signoture on the Plot, the Applicont sholl complete the
Affordoble Housing Agreement (AHA). The AHA sholl be in finol eemple+ee
form prior to scheduling ihe document for Boord signoture. The AHA sholl be
rcvicwed €nd-€€eeB+e+by the Courrty Attorrrey's O[[ice, llle Gorfield
county Housing Authority (GCHA) ond communiiy Deveropment
Deportment c U
@ond sholl be signed by the property owner end the
€CFIA-prior io scheduling the AHA qnd Mylor plot for signoture with the
Boord. The AHA sholl be signed bv the GCHA ond recorded prior lo deed
restríction of lhe lnterim AH Unit. ln the event Filinq 2 is not developed,
e
finol plqt for Filing 3.The following omcndments to the Al-lA shqll be mclcle:
3
402 Park Drive ' Glenwood Springs 'Colorodo . Bl ó01 . P:970.945.0832 - F:g20.945.0833' E: tim@tgmolloy.com
LSR - Requesl lo Amend condition 3 of Resolution 2018-31 13
June 27,2019
o. The AHA shqll be modified to require thot the interim offordoble housino
unit be deed restricted ond become ovoiloble os on offordoble housing
unit ot the time lhot groding begins on Filing 2;
b. The AHA sholl be modified to provide o
dote when the interim rentol offordoble unit will terminote ond the
ovoilobility of the permoneni for sole unii will begin;
c. The AHA sholl be modified to require lhot prior to recording of the deed
restriction for the interim offordoble rentol unit, the property owner sholl
enter into on Affordoble Housing Monogement Agreement with the
Gorfield County Housing Authority;
d. The AHA sholl oddress how mointenonce qnd snow removol will be
monoged for the interim rentol unit; ond
e. The AHA sholl oddress inspection of the unil by Gorfield County ond/or lhe
GCHA for complionce with building code stondords ond HUD-specified
Housing QuolitY Stondords.
These revisions preserve the GCHA's powers ond duties with respect to the lnterim AH
Unit, ond oll other AH unils thct might be built within the Loke Springs Ronch PUD, in full
occordonce with Article I of LUDC. The Appliconts understond thot hoving o fully
executed ond recorded AHA is importoni to lhe County ond the GCHA since this
documenl memoriolizes the stondords ond requirements not just for the AH unit
ossocioted with Filing 2 but for the remoining phoses of the development os well. The
proposed chonges to Condition 3 simply shift finol execution ond recordotion of the
AHA from signoture of the Filing 2 finol plot to prior to deed restriction of the lnterim AH
Unit or, in the event Filing 2 is not developed, to finol plot for the next filing ofter Filing 2.
This resolves the imposse between the Appliconls without oltering the intent of
Condition 3 which is to ensure thot on AHA thot complies with Article 8; incorporotes
the chonges requested by the GCHA (per their Moy 4, 20,l8 referrol letter); meets
County stondords os to form; ond is executed ond recorded prior to ony development
occurring on the Loke Spríngs Ronch property. The current longuoge olso preserves
the GCHA's obility to review ond comment on the AHA without gronting them
unchecked outhority to demond unreosonoble ond unlowful revisions thot violote
LUDC Article B ond stote ond federol low. ln the event Filing 2 is not developed, the
County ond GCHA will hove onother opporlunity to discuss ony issues or concerns
reloted lo the Revised AHA during the review of the subsequent finol plot.
The "interim offordoble housing unit" longuoge wos odded to Condition 3(o) for
clority.
The longuoge deleted from 3(b) wos done to ovoid confusion regording the outhorily
being gronted to the GCHA of this stoge in the review of the AHA. Since they were
mode o review-only outhority in ihe modificotion to the first porogroph of Condition 3,
402 pork Drive . Glenwood Springs'Colorodo . Bl ó01 'P:970.945.0832'F:970.945.0833' E:tim@tgmclloy.com
ISR - Request lo Amend Condition 3 of Resolulion 2018-31
June 27,2019
a
14
ít mode sense to eliminote the "to the sotisfociion of" longuCIge in 3(b). ln reolity,
removing this longuoge will hove little effect since the GCHA hos olreody indicoted
thot they hqve no issue with the woy this condition wos oddressed in the Revised AHA.
This is confirmed in Porogroph 2 of the November 16,2018 GCHA letter, wherein Ms.
Gozunis stotes "l agree with ancl support ott ofher segmenfs of fhe proposed Housing
Plan...". Further, Ms. Gozunis does not retroct this support in her Febru ary 4,20.l9 letter,
wherein she stotes..."fhe posifion of the Gortied County Housing Authority regording
lhis mosf recent Affordoble Housing Plon ond Agreement submitfed by Loke Springi
Ronch PUD is unchanged from our November t6, 20l8 reffer."
COMPLIANCE WITH APPTICABTE REGUTATORY PROVISIONS
The pre-opplicotion summqry lists severol sections of the LUDC thot contoin opplicoble
criterio for review of this opplicotion. Given thot the proposed qmendment involves
chonges to o single condition, which deqls solely with completion ond recordotion of
o required offordoble housing plon, there ore relotively few provisions in the LUDC or
fhe Gorfield County Comprehensive Plon thot ore opplicoble. The following is list of
the opplicoble regulotory provisions followed by o brief discussion oddressing how the
proposed qmendment to condition 3 complies with eoch provision.
. Gqrfield County Comprehensive plon 2030;o SecÌion 5-302(D) Finol Plqn/Plqt Review;. Seclion 5-402(E) ond (F) tinql Plqn Mop ond Finqt plqt;o ArlicleT-Stqndqrds.
Gorfield County Comprehensive Plon 2030 (Comp plon)
The entire Loke Springs Ronch PUD/Subdivision wos found to be in generol
conformonce with the Comp Plon during the 20l5 Preliminory Plon Amendment
review process (see Resolutions 20.ló-35 ond 201ó-3ó). The finol plot for Filing 2, which
includcd thc Droft AHA, wos olso deenrecl to be irr gerrerul corrlormonce with the
Com Plon qs indicoted ín finding three on poge two of Resolution 20,l8-3,|. Therefore,
the only question to be qddressed is whether the proposed revisions to Condition 3
comply with the Comp Plon. The only policies in the Comp Plon thot hove ony
beoring on the proposed omendment ore contoined in the Housing plon, which
begins on Poge 41 of the Comp Plqn. The Housing Plon includes the following relevontpolicy stotement.
Policy #l: Gc,rfìeld County is commiffed fo foke oppropriote, cosf-effecfiye
meosures fo ossure ihql new development contrÍbufes Ífs foÍr shsre Io providíng
housing affordqble fo fhose thot lìve qnd workin the county.
402 Park Drive 'Glenwood Springs 'Colorcdo'81 óOl 'P:970.945.0832 . F: gl0.g4s.OB33. E: tim@tgmclloy.com
[sR - Requesl lo Amend condition 3 of Resolution 2018-31 15
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Response: The County hos honored this policy by odopting the lnclusionory Zoning
for Housing section of the LUDC (Article 8) ond by including provisions in Article B
thot clorify the intent of lhe "fqir shore" lcrnguoge os it relotes to the proteclions
offorded privote londowners. Specificolly, the Findings ond Purpose sections of
Article B include the following longuqge respectively:
mtIT
o in oreos designoted by the
and problematic forCounfy, where Affordable Housing hos become limited
odequofe workf orce housing."
"The purp
segmenls
ose of this Artide is fo ensure that the housing needs of oll economic
of the community witt be met. New deve/opmenf sho// be required fo
ond;
t H
,tA
The underlined longuoge supports the Appliconts' position, which is incorporoted in
the Revised AHA, thot they should be required to provide on offordoble housing
unit for Filing 2 only if the filing is developed ond on impoct is creoted. Ïhe
proposed omendment to Condition 3 is intended io prevent the GCHA from
violoting this longuoge by forcing the Appliconts to revise the AHA in monner thol
would require them to provide qn offordoble housing unit regordless of whether
Filing 2 is ever developed.
The Appliconls' position is olso supported by o stotement contoined in the
lntroduction section of the Comp Plqn thot oddresses the desires of county
residents with regord lo the protection of privote property rights. The stotement
reods os follows:
"privafe Properfy Righfs - Gorfield County recognizes thot owners hove on inherent
right to develop property os long qs the development is in the best interests of the
heolth, sofety ond welfore of the counly ond does not odversely offect odjocent
property rights. The development of lond should be consistent with the generol
lond use gools ond policies of Gorfield County."
The Loke Springs Ronch PUD hos been found to meet the crilerion in this stotemenl
on severol occosions, including upon the opprovol of the Filing 2 finol plot (see
¡nding two of Resolution 2018-31). Allowing the GCHA to ignore the findings ond
purpose provisions of Article 8 of lhe LUDC, os well os stote ond federol lows
governing development exoctions is grossly inconsistent with the concept of
privote property rights protection embodied in this stotement.
402 pork Drive . Glenwood Springs . Colorodo . Bl ó01 'P:970.945.0832 ' F: 970.945.0833' E: tim@tgmclloy.com
LSR - Request to Amend Condilion 3 of Resolution 20lg-31
June 27,2019
tô
Seclion 5-302(D) Finol Plqn/Plql Review
This section of the LUDC oddresses criterio for review of o finol plon/plot opplicolion
While this opplicotion is seeking on omendment to o condition of opprovol, the
following is o review of the proposed omendments complionce with the criterio
contoined in Section 5-302{D){3).
3. Review Crileriq. An opplicolion for Finol Plqn/Plqt sholl meel the following
crilerio:
o. Comply wilh oll conditions of preliminory plon opprovol;
b. Comply wilh the Finql Plon required in seclion 5-402.8 ond lhe Finql plqt in
seclion 5-402.t;
c. Allloxes opplicoble to the lqnd hqve been poid. qs cerlified by the County
Treqsurer.
Response: The most recent preliminory plon opprovol is memoriolized ín Resolution
20,ló-35 (Exhibit 14). This resolution contoîns only two conditions reloted to
offordoble housing (Conditions 23 and 24). Condition 23 requires the submission of
o seporote subdivision opplicqtion if Troct A, the porcel where the permonent AH
units ore proposed to be locoted, is intended to be divided into seporote interests.
The proposed omendments to Condition 3 do not offect this requirement.
Condition 24 requres the finolizotion of on offordoble housing ogreement prior to
scheduling the first finol plot opplicotíon submitted subsequent to the opprovol of
Resolution 2016-35 for signoture by the BOCC. This is essentíolly the some longuoge
confoined in the first porogroph of Condition 3 of the finol plot resolution from
which the Appliconts ore seeking relief lhrough the omendments proposed in this
opplicotion. The Appliconts clre seeking the requested omendments to Condition 3
becouse the GCHA hos decided to Ìgnore the terms of Condition 3 of BOCC
Resolt-rtion No. 2018-3,l ond LUDC Article B ond unreosonobly withhold signoture of
the Revised AHA on unlowful ond unconstitutionol grounds. The Appliconts hoveprovided o completed offordqble housing ogreement which complies with oll
requirements of Article 8 of the LUDC. The Revised AHA incorporotes the chonges
required by Conditions 3(o) through (e) of the Filing 2 finol plot resolution, including
oll the chonges ond odditions requested by the GCHA in their Moy 4, 20.l8 referroi
letter. The Appliconts hove worked diligenily ond spent thousonds of dollqrs over
the post ó months ottempting to obtoin the signoture of the GCHA ond finolize the
AHA (see the Chronology section of this opplicotion). The GCHA hos refused to
sign the ogreement unless the Appliconts moke revisions which controdict
Condition 3(q) of lhe finol plot resoh-rtir¡n, Article I of the LUDC ond stote ond
federol lows governing cJevelopment exoctions. Under these conditions, the
Appliconts connot comply with Condilion 24 of the preliminory plon resolution
402 Pork Drive'Glenwood Springs 'Colorodo . 8l ó0i . P:970.945.0832 . F: g20.g45.0833. E: tim@tgmolloy.com
ISR - Requesl to Amend Condilion 3 of Resolution 2018'31 17
June 27,2019
without violoting Condition 3(o) of the finol plot opprovol. Nor con lhey ovoil
themselves of the property rights guoronleed them pursuont to the longuoge ond
intent of Article B of the LUDC (sections B-l0l (A) ond (B))'
To oddress these issues, the Appliconts ore proposing on olternote deodline for
finolizing the AHA per the proposed omendment to Condition 3 described
previouily in this opplicotion. The proposed omendments preserve oll of the
powers ond duties of the GCHA with respect to the offordoble housing units
ossocioted wilh the Loke Springs Ronch Subdivision. lf the County opproves the
requested omendments, Resoluiion 201B-3,| , os omended, would supersede the
longuoge in Condition 24 of the preliminory plon resolution, since the BOCC would
hove mode o more recent decision thot considered new informotion not ovoilqble
of the time the preliminory plon resolution wos opproved. lf deemed necessory,
the BOCC could consider including o finding in the resolulion opproving the
omendmenis requested in this opplicotion stoting thot Condilion 24 of Resolution
2016-35 is no longer in the besi interest of the County given new informotion
provided in ossociotion with the requested omendments to Resolution 20,l8-31 '
Criterio 3b is intended to oddress omendmenis to either the Finol Plon or Finol Plol
drowings. No omendments to either ihe opproved Finol Plon or Finol Plot drowings
ore proposed wilh this opplicotion.
property toxes for the porcels thot comprise the Loke Springs Ronch PUD Subdivision
hove been poid. Exhibit l5 is o copy of the certificote of foxes poid from the
Gorfield County Treosurer.
Seclion 5-402(Ê) ond (F) Finql Plqn Mop ond Finql Plqt
Response: Complionce with this section of the LUDC hqs olreody been oddressed in
the response lo Section 5-302(D)(3)(b) obove.
Arlicle 7 - Stqndqrds
Response: The proposed omendments to Condition 3 oddress specific issues reloled
solely to the finolizotion ond recordotion of the offordoble housing ogreement. lssues
ossocioted with offordoble housing ogreements ore oddressed in Article 8 of the
LUDC. There ore no provisions in Article 7 thqt opply to the omendments proposed in
this opplicotion.
SUMMARY
The Appliconts ore seeking omendments to Condition 3 due to on inobility to finolize
on offordoble housing ogreement with the GCHA outhority despite extensive efforts to
402 pork Drive . Glenwood Springs . Colorodo '8l óOl 'P:970.945.A832't:970.945.0833' E: tim@igmolloy.com
ISR - Requesl to Amend Condition B of Resolution 20lg-31
June 27,2019
18
do so. The Appliconts hqve provided o completed offordoble housing ogreement
which complies wiih oll requirements of Article B of the LUDC ond the modificolions
required by Conditions 3(o) through (e) of the Filing 2 finol plot resolution. The
Appliconts hove worked diligently ond spent thousonds of dollors over the post six
months ottempting to obtoin the signoture of the GCHA ond finolize the AHA. The
GCHA hqs refused to sign the ogreement unless the Appliconts moke revisions which
controdict Condition 3(o) of the finol plot resolution, Article 8 of the LUDC ond stote
ond federol lows governing development exqctions. Appliconts tried to use the
grievonce process set forth in LUDC Article B to bring these issues direcfly to the GCHA
Boord. However, for unexploined reosons, neorly four months ofter the GCHA Boord
Meeting where lhe grievonce wos presented, the GCHA Boord hos foiled to moke o
decision. To resolve this situotion, the Appliconts ore proposing to omend Condition 3
of Resolulion 20,l8-3,l in o monner thot preserves the GCHA's powers ond duties with
respect to the consiruction ond monogement of oll legolly required future AH units
ossocioted with the Lqke Springs Ronch PUD, while ollowing the Appliconts to
complete lhe finol plot process ond record the finol plot drowings ond other reloted
documents.
The Appliconts respectfully requesl thoi the Boord of County Commissioners opprove
the requested revisions io Condition 3 of Resolution 20,l8-3,| os described in lhis
opplicotion.
Pleose contoct me if you hove ony queslions regording the enclosed documents or ifyou require ony qdditionol informolion.
Regords,
Tim Molloy, Principol
TGMC, IIC
CC: Mike Berkeley
Ryon Jorvis
402 Park Drive 'Glenwood Springs 'Colorodo .81 ó0'l . P:970.945.0832 . F: g7O.g4s.Og33. E: tim@tgmolloy.com
- ^çfVEEommun¡ty
Development Department
Rþv"' - to8 8th street, suite 401
Exhibit 1
LAND USE CHANGE PERMIT
APPLICATION FORM
81601
Garfield County
r
Develop ment in 1"00-Year Floodplain Varianceited lmpact Review
Code Text Amendmentct Reviewor lm
PUD AmendmentUDne District
Rezoning
nun PIR
roved LUCPdments to an
ministrative lnterPretat¡onHousing FacilMinor Tem f al of Administrative I nAVacation of a County Road/Public ROW
Areas and Activities of State lnterestLocation and Extent Review
f]Accommodation Pursuant to Fair Housing Actsive Plan Amendmen!Comprehen
ananceeline DevelopmentPip
me Extension (also check e of ori cation)nal a
ministrative Review Development in l-0O-Year Floodplain
INVOLVED PARTIES
Owner/Applicant
Name:Berkeley Family, LLLC Phone: (970 )230-0154
4001 County Road 114Mailing Address:
City:Glenwood Sp rings state: CO z¡p co¿". 81601
E-mail:maciberkeleY@g ma¡l.com
Representative (Authorization Required)
Name:Tim Malloy (TGMC,llc)Phone:970 945-0832
402 Park DriveMailing Address
City:Glenwood Springs state: CO Zip code:81 601
tim@tg malloy.comE-mail
PROJECT NAME AND TOCATION
Project Name
Lake Springs Ranch PUD, Filin 2 Final Plat
Assessor's Parcel Number:
Physica l/Street Address:3961 County Road 114,Glenwood Sp rings, CO 81601
See attached proof of ownership documentation (Exhibit 2)
Legal Description:
Zone District:PUD Property Size (acres):93.ee (Filins 2)
Existing Use;sales)Sino Iture
Proposed Use (From Use Table 3-4031 . S¡ngle-family Res; agriculture; open space; produc.ts processing, storage, distribution and sale
Descrlption of Project:3 of the resolution granting Final PlatRequest for modification of condition number
SBringe Ranoh PuÐapproval for Fi ling 2 of the Lake The modification addresses specific requirements for
Plan and Aqreement.
residential. aoricr.r farm and oarden
completion and execution of the Affordable Housin
tr the Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
E the Applicant is requesting a waiver of standards per section 4-11g. List:
Submission Requirements
Waiver of Standards
Section:
Section:
Section:
Section:
Section:
Section:
Section:
Section:
I have read the statements above and have provided the required attached information which is
correct and rate to the best of my knowledge.
6t27t2019
Signature of Property or Authorized Representative, Iitle Date
Fire Number, f P&A_ -gtZL t oo,ooFee Paid:
Exhibit 2A - Legal DescriPtion
LEGAL DESCRIPTION
A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 5 AND 6, SECTION 32, LOTS 7, 8, 9,
10, 11, 12, Lg, 14, L5, 16, 17,20,21,22, 23 AND THE NEI/4SEI/4 OF SECTION
33, SW1/4SW1/4 AND THE NW1/4SW1/4 OF SECTION 34 ALL IN TOWNSHIP 6 SOUTH, RANGE
88 WEST OF THE 6TH PRINCIPAL MERIDIAN, AND ALSO LOTS 1,2,3 AND 9 OF SECTION
4, TOWNSHIP 7 SOUTH, RANGE S8 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
coMMENCINc AT THE SOUTH QUARTER CORNER OF SAID SECTION 33, A2-112" BRASS CAP
L.S. NO. 5933 FOUND IN PLACE, THE POINT OF BEGINNING; THENCE N' 89 DEGREES
40'02" W. ALONG THE SOUTHERLY BOUNDARY OF SAID SECTION 33 A DISTANCE OF
2502.71FEET TO THE SOUTHWEST CORNER OF SAID GOV'T LOT 20, A 3-1/4'' ALUMINUM
CAP L.S. NO. 19593 FOUND IN PLACE; THENCE N. 01 DEGREES 58'08" E. ALONG THE
WESTERLY BOUNDARY OF SAID GOV'T LOT 20 AND 17 A DISTANCE OF 2,064.02 FEET TO
THE NORTHWEST CORNER OF SAID GOV'T LOT 17, A3.II4' ALUMINUM CAP L.S. NO.
19598 FOUND IN PLACE; THENCE N. 87 DEGREES 10'45'' W. ALONG THE SOUTHERLY
BOUNDARY OF SAID GOV'T LOT 9 AND 6 A DISTANCE OF 1382. 36 FEET TO THE SOUTHWEST
CORNER OF SAID GOV'T LOT 6; THENCE N. 0l DEGREES 43'36" E. ALONG THE WESTERLY
BOUNDARY OF SAID GOV'T LOT 6 AND 5 A DISTANCE OF 1290.42 FEET TO THE NORTHWEST
coRNER OF SArD GOV'T LOT 5 (WHENCE A WITNESS CORNER TO THE NORTHWEST CORNER OF
SAID LOT 5 BEARS N. 01 DEGREES 43'36" E. A DISTANCE OF 29.83 FEET); THENCE S.
89 DEGREES O5'5I'' E. ALONG THE NORTHERLY BOUNDARY OF SAID LOT 5, A DISTANCE OF
1166.84 FEET TO THE NORTHEAST CORNER OF SAID LOT 5, A3-L/4" ALUMINUM CAP L.S.
NO. 19598 FOUND IN PLACE; THENCE S. 89 DEGREES 12'41" E. ALONG THE NORTHERLY
BOUNDARY OF SAID GOV'T LOT 8 AND 7 A DISTANCE OF 1529.49 TO THE NORTHEAST
CORNER OF SAID LOT 7, A2-II2'GARFIELD COUNTY SURVEYOR ALUMINUM CAP FOUND IN
pLACE; THENCE S. 01 DEGREES 58'10" W. ALONG THE EASTERLY BOUNDARY OF SAID LOT
7 A DISTANCE OF 838.23 FEET TO THE SOUTHEAST CORNER OF SAID LOT 7, A2-112"
ALUMINUM CAP r..S. NO. 5933 FOUND IN PLACE; THENCE S. 88 DEGREES 25'59" E.
ALONG THE NORTHERLY BOUNDARY OF SAID GOV'T LOT 11 A DISTANCE OF 1113,33 FEET
TO THE CENTER QUARTER CORNER OF SAID SECTION 33, A 3-1/4" GARFIELD COUNTY
SURVEYOR ALUMINUM CAP FOUND IN PLACE; THENCE S. 88 DEGREES 25'59" E. ALONG THE
NORTHERLY BOUNDARY OF SAID GOV'T LOT 12 A DISTANCE OF 1255.38 FEET TO THE
CENTER-EAST SIXTEENTH CORNER OF SAID SECTION 33, A2_II2'ALUMINUM CAP L.S.
NO. 5933 FOUND IN PLACE; THENCE S. 88 DEGREES 25'59" E. ALONG THE NORTHERLY
BOUNDARY OF THE NEI/4S81/4 OF SAID SECTION 33 A DISTANCE OF 1255.38 FEET TO
THE EAST QUARTER CORNER OF SAID SECTION 33, A2-112" ALUMINUM CAP L.S. NO.
5933 FOUND IN PLACE; THENCE N. 89 DEGREES 59'25" E. ALONG THE NORTHERLY
BOUNDARY OF THE NWIi4SWI/4 OF SAID SECTION 34 A DISTANCE OF 201.90 FEET;
THENCE LEAVING SAID NORTHERLY BOUNDARY S. 03 DEGREES 45'23" E. A DISTANCE OF
1233.01 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID NW1/4SW1/4; THENCE
N. 89 DEGREES 02'47'' E. ALONG SAID SOUTHERLY BOUNDARY A DISTANCE OF 807.09
FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY S. 02 DEGREES 50'09'' E. A
DISTANCE OF 1220.54 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF THE
SW14SW1/4 OF SAID SECTION 34' THENCE S. 88 DEGREES 10'28'' W. ALONG SAID
SOUTHERLY BOUNDARY A DISTANCE OF 984.24 FEET TO THE SOUTHEAST CORNER OF
SECTION 33, A 2'' BUREAU OF LAND MANGAGEMENT ALUMINUM CAP FOUND IN PLACE;
THENCE S. 16 DEGREES 39',59" W. A DISTANCE OF 217,38 FEET; THENCE S. 27 DEGREES
00'32" W. A DISTANCE OF 277.20 FEET; THENCE S. 48 DEGREES 11'02' W' A DISTANCE
OF 452.97 FEET; THENCE N. 89 DEGREES 49'27" W. A DISTANCE OF 293.51 FEET;
THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 2OO.OO
IEGAI. DESCRIPTION
FEET AND CENTRAL ANGLE OF 54 DEGREES 02'27", A DISTANCE OF 188.64 FEET (CHORD
BEARS N. 62 DEGREES 47'31" w. A DISTANCE oF t8t.7z FEET); THENQE N. 3s DEÇREES
45'36" W, A DISTANCE OF 8.96 FEET; THENCE S. 5Z DEGREES 4Z'34', W. A DISTANCE
OF 100.68 FEET TO A POINT IN AN EXISTING FENCE; THENCE S. 10 DEGREES 53'01" E.
ALONG SAID FENCE A DISTANCE OF 648.15 FEET TO AN ANGLE POINT IN SAID FENCE;
THENCE CONTINUING ALONG SAID FENCE N. 89 DEGREES 15'38" W. A DISTANCE OF
1728,64 FEET TO A POINT IN THE WESTERLY BOUNDARY OF THE SW1/4NE1/4 OF SAID
SECTI0N 4; THENCE N. 00 DEGREES t3'zz" w. ALoNc SAID wEsTERLy BouNDARy A
DISTANCE OF 1342.18 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
Exhibit 2B - Proof of OwnershiP
ßocordor * -{"-*1.r:rr,-.È--r.',-- .SlP r .Çlq¡q - ¡r:r ?63 ¡r:l g1
Frooptton ¡¡o.*åOãffiâ -, ,,. ,., t , t ,. ,,-.rolrotR
tl.-¡,Flc,i_;, !uJí.'r.., rOLOft/rD0 SEp t ij lgsg
statê DocumentarY fee $l¿1"ø!--.--
Y
I¿¡ÀRRÀNTY DEED
KÀNE ENTERPRTSËS, a generâl' partnership' r^those address is P'
o. Box 729, Bartlesviìle, OK 740Ð5' for the consideration of One
Hundrêd Dollars And oÈher gÕod and valuäble consideration, J.n hand
paid, hereby sells and conveys to HICH,\EL E. BERKELEY and ì',lIRIÀll
¡{. BEIRKELEY, as joint tênants, whose address ís 1695 Silverking
Drive, ¡\spen, co 81611, thë following real property ln the County
of Garfield, ståte of colorådo, to wit:
To!ùnshiÞ 6 Seuth. Rançre 88 Wêqt -Étþ P'u.
Section 32! Lots 5 ånd 6
sectíon 33: Lots 7 through 17 incJ'usive,
LotE 20 through 23 lnclusive,
and NEìSEI
Section 34 ! SWlrSwt
Tgwnship- ?. sou!h,. Ranqe 88 ldejlt Glh-¿'ll-
Sectlon 4: Lots 2, 3 and 9
K?\NË ËNTERT'RISEs
Hcnry . Xane
EXCEPTING therefro¡n the above Èhose portlons conveyed to
the Board of County commissioners of Garfield county fÕr
road purposes by documents recnrdëd Junê 3, L929 in Book
159 ai lãge as as Reception No. IC4496 and in Book 159 I
at Page 87 âs Reception No - La4498,
with all its appurtenˡnces and warrants title to the sane, subJect
to reservations, eas€ments, rights Öf way, and restrictlons of
record or of use, including, but not linited to, the followíng:
The effect of ,inclusions in any general or specific r''atcr
."r""i"ã"ãv, ilr* protection, soil-conservation or other dlstrict
or incluslãn in any r+aÈer service or street improve¡nent area;
À11 existing roads, irighways, dÍtches , utilitÍes, canals 'pii"ri"L",- þoiertines', te'éphoñe .f ine-s, water tines, and rlghts of
iiai and ejsérnents therefor €stâbllshed and/or exìsting, as såme rnay
cross subject ProPertY;
Reservatlons as contained ín the Unlted States Patent recorded ln
Book 12 at Paqe 3?6, Book L2 at Page 378, Book 261 3! Pä9e,239'
Book 263 aÈ pâge za'o, and Book 459 at Päge 525 of the Garfield
County records;
Terms, conditions and effects of instruments recorded in Book 2 at
pågã il and Book 2 at page 86 of the Garfierd county records;
county zoning ResÒlution No. 79-64 recorded in Book 530 at Page 93
of the Garfield county recÕrdsi
General taxes for 1989, due ånd payable in 1990'
sTGNED trris 4dSL day of Go{* f -, leas'
l- ,l
ffi ({
vuql
By:
ceneral Partner
tæra
Bilf ?'tì3 r¡tt $?
slÀrP oF oKLAHOMÀ ))- ) ss.
couNTY oP lbtao.ß-'t (;'
t
-bl The foregoing Wa{ranty Deed vras âcknonLedqed beforc ne this7* - dåy of â¿*"."-.f , 1989, by Henry f. Kanê as c€ñêråI
Fartner of Kane Eilterprises, a general partnershlp,
tlitneès my hand and offlcial seal,
l.on êxprres ¡
., "T
c 1¿ /1la-
t,
ffu-
R€c0* tEo //€Î- a'cL,rcK/).t4, Rec , +Í;'¿L34 s{ìûi0899"t'i9íi
APP??ß3+ HILOREO ÂLSOORFI GARFIELO COU¡,IIY I-LERK APR ? 2 ß${
GAFIFiEi.T]
SpECIÂL IVAR¡¿\NTy DEED Staro Þ0c,I'ea
s -
L'V#.L
Michael E. Berkclcy and Mirianr M, Berkeley, Grâfllors, for consideratiol'-öI-Tëñ'-fl--'-
Dollars and other good and valuable consideratir:n, in hand paid, hereby sell and convey to The
Berkcley Fanrily Linrited Partnership, a Colorado limited partnership, Cranlce, whosc legal
address is 3961 County Road Il4, Glenwot'rd Springs, CO 8ló0¡, the following real property
in the County of oarfield and S{ate of Colorado, to-wit:
Tpwnship 6 Sputh, RangeSB West.of the 6th P.M,
Scction 32r Lots 5 and 6
Section 33: Lots T lhrough l7 inclusive, Lot 20 through 23, inclusive,
and NEYTSE|/I
Section 34: SW%SWI/
Towns.[lp 7 Solth. Range 88 We.st ol tlte.6th P.M.
Section 4: Lots 2, 3, and 9
EXCËPTINC lherefro¡n that parcel ol land described on Deed recorded as Reception No.
419600 in Book ?95 at Page 72 of the Gartîeld County rccorcl$.
AND EXCEPTING thcrcfront the abovc, those portions conveyed fo the Boârd of Cotrnty
Cotnntissioners of Garlìeld County lor road purposes by docunrents recorded June 3, 1929, iri
Book 159 al Pagç 85 as Reccption No. 104496 and in Bo<¡k 159 al Page 87 as Receprion No,
I 04498.
with all ¡ts appurtenances, and rvarrant the title to lhe sånìe againsl all persons clairning undcr
the Crantors.
SIGNED 1¡¡* rsth day of Aprfl 1994.
chael E.ley
iriam M. Bcrkeley
STATE OF COLORADO )
)
couNTY oF GARFTELÞ )
The foregoing i
r\p r il ns(rurnerìl was acknorvletlged trelorc me this 15[11 .. day of
, 1994 by Michael E. Berkeley and Mirianr lvl, Berkeley,
W¡I'NESS ny hand and ofiicial seal.
My comrnission expires: glt3lgtt
Notary Public - Barbara C. Keller
-l-
ss
)'¡ ! ¡ t" l
I lf t iT''¡ I' 11 rFJl,Hl I lI rl tlî,ltrï ltl{ ltr,: l}¡q lil',l lll"¡ : I I Ì IR€c€Þtlonll: 77ð209I lr?¡¡r2009 !?.39 3? Þ¡l JÊå¡r Âlbe¡ icóI ol 2 Reo Ës€:fló.00 Oac Fss O.O0 CARFIË10 C0uflty CO
$PECIAL WARRANTY DEED
Miriam M. Berkeley and Mlchael E. Berkeley, Grantors, for good and valuableconsideration, in hand paid, hereby sell and convey-to the Beikel{ Famuy l_ulÈ, aColorado limited liability limited partnetship, pJgnlge, whose legaladdréss ¡s 40'01 CountyRoad 114' Glenwood $-prings, Colorado gtOot, the following iÀãl property ln ihe ı.üntvof Garfield and State of Cotôrado, to wit:
That parcel of land described on Exhibít "A" attached hereto andincorporated herein by lhls reference,
wlth all its appurtenances, and warrant the tiile to the same against allpersons claiming under the Grantors.
No DOGUMENTARY FEE REQUIRED; consideration tess than $500.00.
SIGNED this _lJ_ day of f1,1¿;no,û¿,n.,, , 2009.
m M. Berkeley
E.
STATËOFCOLORADO )
couNry oF GARFTELD ìt*
0,\ . -Th? foreO?¡g^instrumsnt was acknowledged before me this I 3 4
,I\¡t{'+.!¡K+_, 2009, by Miriam M. Berkeley and Michaet e. eertãffi-
WITNESS my hand and officialseal.
day of
My commission expires:c-
Aflcr rccording r€iln to: Ðôn Xrr$t, p.C,
823 Blakc r{vê,, Str, 202. Clenll.ood Springs, CO Elúo1o{.e!b{ñt[¡É
+l '1,
llll lli¡ tSh l'TT, fl t{ ßl B Ht H,Ul*hll f |tiltlllf '1, lll"¡ lf lt lRec€òt¡oñBr ?78209l1t24t?(rıg 12.36r3? p¡l J€¡n Alb.rleo2 ol ? Rec ÊâÉ:$tO 0O Doc F¡e:o 0O CñRFtËt-D CoUtllY C0
EXHIBIT ''A'
COUNTY OF GARFIËtÞ
STATË OF COLORADO
A parcel of land situated in Section 33, Townshlp 6 $outh, Range 88 West of the Sixlh
Principal Meridian, and Seclion 4, Township 7 Soulh, Range 88 West of the Slxth principal
Meridian, County of Garfield, $tate of Colorado, being more particularly described as
followsr
Beglnning at the South 1/4 corner of said Seclion 33; thence $ 68'50'25" E 222,96 feet;
thence N 72o30'00" E 300.00 feet; thence N 35'00'00" E 500.00 feet; thence S lZog0'00"
E 1850.00 feot to the southeast corner of the NW1/4NË1/4 of said $ecUon 4; thence N
89"49'27" W along the eouth line of said NW1/4N81/4 1339.86 feet to lha southwest
cornêr of said NWll4NE1/4; thence N 00"16'06" W along the west líne of sald
NWil4NEl/4 1341.00 feet lo the South 1/4 corner of said -Section 33, the point of
beginning; Said parcel contains 36,20 acres, more or less.
This Deed is given to correet the unintended omission of the above.described parcel of
land from the Grantors' Deed to the Grantee reoorded in Book 899 at Rage Zg6 as
Reception No. 462134 in the records of lhe Clerk and Recorder of Garfíeid County,
Colorado.
HXHIBIT -A''
Page 1 of I
![L[ftl#;lu;l,l!],#r',1fr ltltlrtfl {ur'it+fi.tr{ilfi ,{ìilt
l' á7"r'$33 l3;?8i ?lo8nr"i'Êi"lÀ13ô, Eßr'o.D cour¡ry co
SPECIAL WARRANW DEED
Mlrlam M. Berkeley, Grâlìtor, for good and valuable consideration, in hand paid,herebv sells and conveys to The B.erkeleylamity LLLp, a Coìàra¿á imiiáo'lù¡¡iitv li,f,ääopartnership, Grantee, whose.regaraddress rs 4001 $dty nóàoìr+, ciilñd óör¡ng-.,colorado 81601, ihe followin$ real property in the óıuntv ır'carfield anJsi.iäïrColorado, to wit:
A PARCEL OF I.AND SITUATED IN 9ECTION 33, TOWNSHIP 6 SOUTH,RANGE 88 WEST OF THE SIXTH PRINCIPAL rViENróiÄrV, COUNTY OFGARFIELD, STATE OF COLORADO. BEING À4ıRE-ËNNTICUURI-YDESCRIBED AS FOLLOWS:
also known as 4001 county Road 114, Glenwood $prings, Golorado g1601;
with all its appurtenanccs, snd warrants the lille to the sämê againsl all personsclaiming under the Grantor.
No Docut'IENTARy FEE REeuTRED: considerailon ress than $500.00.
SIGNED this / I . aay ot fltbÊ,*,,L ¿¿r , 2009.
Miriam M. Berkeley
ôB*hgsÐq Allêr rc.ôrrllng reürll þ; D3n Kt$t, p,C.
E?J Blale Ave,. Src. 202, Glenu'srj Spr¡ng¡, CO Bt60t
1/
f ffi fiF¡ t31ilil¡,$llt l'h'?,0lEljltillhlil['lïù:lJ'l'lll"¡ ll ll I
Receotlonä: ??a?10
I W'iàÈ:: la;lÍ i T'oBno"i'Ë'"'"1åo36'3åt"'.0 c'utrtY co
STATEOFCOLORADO )
) ss.
couNTY oF GARFIELD )
n Thp foregoing instrument was acknowledged before me this I5ß day of
,MA'*-ttø, 2009, by Mirlam M" Berkeley.
WITNESS my hand and
My commission expires:
offibialsealz
Notary
Aftcr rccording rêc¡m lol Dan Kersr, P'{:,
82¡ Btekc Arç., Ste.2{I2, Olcnwood Springs, CO 8lú019w#ar{qd
lllt fffrl lL1,frI,ltrtllltû ls4tü{ l¡dl,flü,lf{Lll+l ltl'ù ll lllf,eceptlonä | 828747
lt¿1"{îo*3.0Ê¿Xl¡ê8.tü oi3'F"tlBi6å'Ennrr.ro c'uNîy co
TO: Gar.fìeld County Ctelk and Recorder
FROM: The Berkeley Fanrily Linrited partnership (,.Berketey,)
Colorado Mountain Junior College Distr.ict (,.CMC,i
RE: Boundar.y Line Adjustment
. Follolving the Garfreld county Boundary Line Adjustrnent pr,ocedurc, this is s letter ofexplanation clescribing in simple ternjs the requested uoun.lur.y ii,ie adjustrnent. Berkeley andCMC errtered into a cotrtract itt 2002 rvhereby-the parties úr.ËJ ;o exchange the propertiesdescril¡ed heteitt fot equal vaLue. Berkeley un.t ctr¿c rvìll f,e.+"t¡itg iii* [;,ffi,y t;trveen rhetrvo parcels as described on tlte exhibits to the Bouuclary Line Adjustlrrent Affidavit.
Attachecl to this letter, and Ìecorded in the Garfield county Clerk and Recordsr,s office,is an Affìdavit signecl try Berkeley anctcMC crearing rh; bñ;;y line acfjrstrnenr and ExhibitsA, B and C to the Afiidavit. Recordecl concurrentlyivith the Affiáavit -r-",i"" qiiii"io¡,n ¿.ra,conveying the properties to the other party.
VeLy h'uly yout.s,
The Be*eley Fanrily Limited partnership
Çolorado Mor¡ntain Junior College District
By:
Its:
By:
Its:
t4
llll iTrr l¡11, I Ll,Htl ltr lì l,tli I +i¡ f $l,llfif lh$'hl\ lll'{ ll I I I
Reception$: 8?.8747Pf lgl20l2 O2:41 t22 Pll Jean âlberiooá-i¡i-ìZ-Èea Fåe:S66-OO Doo Fee:O.00 GARÊIELO C0UNTY C0
BOUNDARY LINN ADJUSTMENT AIITIDAVIT
The unclersigned affiânts being fìrst srvorn ilpon theroof depose and state as follorvs:
l, We are the orvners of real prcpelty in the unincorporated area of Garfield County,
rvhich is described in Exhibit "4" whiclr is attachecl hereto and incorporated herein by
reference.
2, We are desit'ous of adjusting the boundary lines of our parcels and have attached
in Exhitrit B the'lnetes and bounds" description of the area being adjusted and in Exhibit
C the nerv legal descriptions of our parcels after the adjustrnent has been made. We sigrr
this Affidavit in accordance rvith the Garfield Courrty Unified Larrd Use Resolution of
2008, as arnended.
3. lVe hereby represent that no nerv parcels or lots rvill be created and lhercfore, that
Carfielcl County rvill not be required to issue nny building penrrits, other than rvhat it
rvould be required to issue for the aheady existing parcels.
4. We hereby leptesent that none of the palcels involved irr this lroundary line
adjustrnent is part of a previously platted subdivision of record.
5. We hereby represent that the boundary line adjustment made reference to lrerein
rvill not cause the loss of access by road or to utilities, to any parcel involved.
6. We heteby t'epresent that the boundary line adjustnrent being rrrade u'ill not rest¡lt
in any of the parcels involvecl being less than the minimum lot size in their applicable
zone district allorved as a result of the boundary lirre adjustnrent or creafe arly tlotl-
conforming setbacks for any existing stnlctures.
7. We heleby represent that a copy of the Affrdavit rvill be recorded rvith the
GarfÌeld County Clerk and Recorder.
FURTHERA
DONE this
FFIANTS(!w SAYETH
day of 20t2.
'l'he BeLkeley Family Lirnited Partnership
Colorado Mountain Junior College Distl'ict
By:
Its:-¿9rl--,i,
B)'
Its:
ë
Ill I ftF¡ I ll,l til, ¡fi[\ I*l ftf E FI tl{+¡ llfii l¡rhll.l l,l{l',1 I I I I I
Receptlontl t 828747
12l1fil2012 O?:41;22 Fll Jean Êlborloo8 ol 12 Roo Foor$66.00 Doc Fee!o.00 GnRF¡EtÞ CoUNTY C0
STA'I'E OF COI,ORADO
COUNI'Y OF GARFIELD
)
)
)
ss.
The foregoilìg docruìtetlt was subscribecl ancl swont to before lne in t
My conrmission Expires:
7_ þ-,,t
rtill
Ire County of $¡n¡O¿Carfield, State of Coloraclo this ?.Y day of A*ör¡st,20lZby
cl a as *6C-f of The Berkeley Farnily LinritcrlPaltlrership.
\M S /d aa'ê,\r
Notary Public
STATE OF COLORADO
COUNI'Y OF GARFIËLI)
The fo and srvorn to before nle in the Cou nty ofrd,S t2 as
of Colorado D
My cornmission Expirrs : 7 Ðb -t
Public
I}EßBIE NOVAI(
l't{)TARY PUBIIC
r.ìi-AiE oF cotoffADo
no16
tt:
)
)
)
ss.
t1
!'¡: '"li:
2
I lll lrï¡¡ t$,ltll,l{llltfi UTII*I| fhrtll{l lHl tl¡l,|il"¡ I I ll I' Receptlon$: 828747
[r llnllu *?,,u?¿i ] ¿tt . ËU oiË"F"å I 8:6å'Ennp r Et o c.uNTy c0
EXHIBIT Á.
Exiptine P[operty.- Colqr,:ado Mountail JrurÍor Colleee Di$h'ict
A trnct or parcel of lancl in the NWI/4SV1I/4 of Section 34, Tou'nship 6 South, Range 88
West, of tlte Sixth Principal Meridian, in Garfielcl Connf¡,, Colorado, saicl tract or parcel
being more particulally described as follorvs: Beginning at a ¡roint o* the r.rcst line of
Section 34, Tor"nship 6 South, Range 88 West, of the Sixth Principal Mericlian, fì'om
rvhich point the SVy' corner of said Section 34 beals S. 4"07'8., a distance of 1,236.0 feet;
1, Thence N, 4"07'\V., along the rvest line of sai(lSection 34, a distance of 1,236.0 feet,
to tlte west 114 corner of said Section 34;
2, Thence S, 89o57'E., along the north line of the NWI/4SWl14 of saicl Section 34, a
clistance of 376.7 feet;
3. Thence S. 2000'E., a distance of 1,230.4 feet, to the south linç of the Nvrll/4SWl/4 of
said Section 34;
4. Thence S. 89o30'30" W, along the south line of the NlVll4SWll4 of said Section 34, a
distance of 330.9 feet, more or less, to the Point of Begimring.
Couuty of Garfield
State of Colorado
Such ploperty rwas conveyed to Colorado Mountnin.Tunior College District b), a Deed
dated Decelttber 20, 1968 and Recordecl July 15, I969 at Reception No. 243857 in Book
403 at Page 243 and Deed dated February 5, 1969 and Recorcled .luly 15, 1969 at
Reception No, 243858 in Book 403 at Page 245.
AND
Tlre Nl/ZSWl/4, SEI/4SWl/4, Sectiott 34, Township 6 South, Range 88 West of the 6th
Principal Meridian,
Coitnty of Garfielcl
State of Colorado
Sueh property'sas convel'ecl to Colorado Mountain Jrmior College District by a Deed
clated October 9, 1973 and Recordsd April 21, 1977 at Reception No. 278031 in Book
495 at Page 687.
Existins trone¡:tv - The BpJ'kelev Farnih' Li|rrifetl Partuershil
Toivnship.6 South. Ratge 88 West of the 6il' P.M,
Section 32t Lots 5 ancl6
Section 33: Lots 7 tluough lT inclusive, Lot 20 through 23, inclusive and NE1/4SÊl/4
Section 34: SWI/4SWli4
I ll I lï¡r ï11, I rl1,ll+ \ INù, l{il| úl¡ ll ï. mt hl'l llú[l{l',l I I ll IRcc€ptlon$: 828747
1211ç12412 02;41:22 Pl'l J¡rn âlb¡rloo6 of l? Rec Fee:966.00 Doc Fea:0,00 GARFIELD C0UNTY CO
Section 4: Lols 2, 3, ancl 9
EXCEPTING therefrom fhat parcel of lnncl clescr.ibed to the Board of Cou¡tyCournrissioners of Garfield Côunty for loacl pulposes uy *oÃnr.ttts recordecl Jrule 3,1929, in Book ls9 at
_page 85 as rieceprion No. 104496 ancr i,r B;;i-i;;;iù.s-ii;,
Reception No. l044g8
County of Garfield
State of Coloraclo
sttch pt'operty w¿ls conveyecl to The Berkeley Family Limitecl par.tnership by specialwauant¡' Deed dated April r5, r9g4 ancr ReóordecrÁpr¡¡ iz, rg94 at Reception No.462134 in Book 0899 ar page 7g6.
Ì{"$j,ffiil#|fl HliT;'J'-Y,i.T*'
ù rr I I I
EXTIIBIT B
Colorado Mountnin Junior College District
to
The llelkeley Family Limited Pnrtrrership
ParcelA:
A Parcel of land situated in the NWI/4SWl/4 Section 34,'I'ownship 6 South, Range 88
V/est of fhe Sixth Principal Meridian, Counl¡, of Garfield, State of Colorado; saicl Parcel
being more particularly describecl as follows:
Couunencing at the West Quarter Cotner of Section 34, an Alutninuur Cap L.S. No, 5993
foulxl in place, the Poilt of Beginning; thence N 89"51'50" E along tlte Northerly Line of
the NWI/4SW1/4 Section 34 a clistance of 201.90 feef; thence leavirtg said Northerly
Line S 03o53'3 I " E a distance of 1233.02 feet, to a point on the Southerly Line of said
NWI/4SWl/4; thence along said Southerly Line S 89o13'59" W a clistance of 199.56
feet, to S 1/16 of Section 34 and 33, a2-l/2" Garfielcl Couttty Sruve¡,or Brass Cap fouttcl
in place; thence N 03"59'40" W along said Westerly Line of said Section 34 a clistance of
1235,37 feet to tlre Pojnt of Beqiruriilq; said Parcel contaiuittg 5.676 acres, tnore or less,
said parcel to be merged with a tract of lancl presently identified by Deecl Recorded .Iuly
15, 1969 at Reception No, 243857 in Book 403 at Page 243, by Deed Recorclecl July 15,
1969 at Receplion No. 243858 in Book 403 at Page245 *ncl b¡, Deecl Recolclecl April 21,
1977 at Reception No, 278031 in Book 495 at Page 687in the recorcls of the Clerk and
Recorcler of Garfield County,
Coruity of Garfield
State of Colorado
Parcel B:
A Parcel of Laud situated in tlte NE % Section 4, Tolvnshi¡l 7 South, l{ar:ge 88 West of
the Sixth Prirrcipal Meridian, County of Garfield, State of Colorado, being nrore
¡rarticrtlarll' clescribed as follows:
Conrtnenci¡rg at the Nl/4 courer of Section 4; thence S 45o03'03"8 a dislance of 1905.62
lèet to the northeast sixteeuth col'net of said Section 4, also being the southeast corner of
that property described in Reception No. 419600 in the Garfield County Clerk and
Recorder's Office, the Poirrt"of Besi¡lnins; tltence N00ol8'44"W along the rvestelly line
of saicl Reception No. 419600 a distatrce of 514.40 feet to tlrc norllrrvest corner; lhence
S89"46'50"8 along the noltlterly line of saicl Reception No. 419600 a distance of 285.66
feet to a point in an existing fence; thence leaving said norther{y line S10"53'ûl"E along
said existirrg feuce a distance of 541,23; thence continuing along said existing fence
N89o15"38"'W a distance of 1728,64 feet to a point on the north-south centerline of said
Section 4; thence leaving saicl existing fence N00o l3'22*W along saicl north-south
centetline a distance of 1,04 fect to a point on the northerly line of that property described
!l!l lfn f ll,iltlùll$t ltitrl*|, $til ttf{ tr'*t, thTL lil,{ I I lt IReoeptlonfl | &2A747
l"'"lt'r7o 12
"o?¿3 i ¿tâ . 3[ oi3"Ê"1 | 8:ôå"Ennr ¡ero couNTy ç0
irr Rcccptiulr No. 280798 in the Garfielcl County Clerk snd Recorcler's oflìce;the¡ce
leaving said north-sot¡th centerline S89n46'50"h *long said nort¡erly line a clistance of1343.47 feet to the Ppint of Beginning said parcel .otr-tnining a,zg3 ac.*or* or less, said
¡rarcel to be merged rvith a tract of land preiently identifiecl by Deecl Recorded J¡l1r 15,
1969 at Reception No. 243857 in Book 403 at Pãgc 243, by.óeecl Recoldeà J¡ly 15,1969 at Receptiott No. 243858 in Book 403 at Page 245 and by Deed Recor.deci April 21,1977 at Reception No. 278031 in Book 495 at Page 687in the iecords of the Cler-k alclRecorder of Garfield County.
County of Galfield
State of Colornclo
The Berkeley Fnmily Limited pnrtnershi¡r
to
Coloraclo Mounttin Junior College District
A Parrcel of land sitrnted in the SWI/4SWI/4 Section 34, Township 6 South, Range gg
West of the Sixth Principal Meridian, County of Garfield, State of boloracloisaidîarcel
being more particularly described as follows:
Conrnrencilrg at the Sotttlrrvest Cornel of Section 34, a2-l/2" Garfield County StuveyorBrass.cap found in place; thence N 88"10'28" E along the Southerly Line orsaict section34 a distance of 984'24_feet, to the Poiqt of-Beginninı thence leavings saicl Sout6erlyline N 02o5t'09" vy' a rristanc. or tezo.4q fr;;;ñ'int oü trre Norrüerly r,ine of ttreSWI/4SWI/4 of said Section 34; thence N 89o02'l Z" E alonf said Nortlie,.ty ii,r" adistance of 358' l9 feet to Southrve.st Sixteenth Comer of said"section 34; thórrce S02"50'09" E â distance of 1215.09 feet to the West Sixteenth corner of saicl Section 34nnd Scction 3, Township 7 soutlt, Range 88 West of the Sixth princip* rt¿*ri.iiu,ì;ìlrr,rr*s 88'10'28" W along the Southerly Line of said Section 34 a Jistancc of 35g,06 feet, rolhp-P-gu!-afgçrudug; saict parcel contai,ing 10,00g u.rr*, nior*;;:i.;;..Lipär.J" u,merged rvith a tract of land presently iclentified as Rece¡ltion tço. s t s¡ I 5, Book No,1047, Page No. 9t4 in rhe records of the clerk and RecLder àicartieto bountl,.
County of Garfreld
State of Colorado
il Ht ï$,ltl,lË¡ll+l HIiHI fltùr h+i lYhll¡¡, lll'ü ll ll I
Reoeption$: 8?.8747lttlait2012 o2t41:?2 PtI Jean Alberlooé-Åi-iz-nãc reai$06,u0 Doc Fee:0,00 GnRF¡ELÐ CoUNTY ç0
$)rHtHIr. c
Resultine Lesal DcscrÍqtiol - Coloratlo Mounta.in Juniol Collçge Distf ict
A tract or parcel of land in the NWI/4SWI/4 of Section 34, Towrship 6 South, Range 88
West, of the Sixth Principal Meridian, in Garfield County, Colorado, saicl tlast or palcel
being more particularly desclibed as follorvs: Begimring at a point on the lvest line of
Section 34, Torvnship 6 South, Range 88 West, of the Sixth Principal Mericlian, fi'om
lvhich point the SW corner of said Seclion 34 bears S. 4"07'8., a distance of 1,23ó.0 feet;
l, Thence N, 4"07' W., along the west line of said Section 34, a distance of 1,236.0 feet,
to the r"'est l/4 comer of said Section 34;
2. Thence S. 89o57'8., along the north line of the NWI/4SV/I/4 of said Section 34, a
clistarrce af 376.7 feet:
3. Thelice S, 2"00' 8., a distance of 1,230.4 feet, to the south line of the NWI/4SWl/4 of
said Section 34;
4. Thence S. 89"30'30" W, along the south line of the NWI/4SIVl/4 of said Sectiou 34, a
clist¿¡nce of 330,9 feet, more or less,lo the Point of Beginning.
Coturtl'of GaLfieid
State of Coloraclo
AND
The Nll2SWl/4, SEI/4SW¡/4, Section 34, Township 6 South, Range 88 West of the 6th
Principal Mericlian.
Corurty of Garfield
State of Colorado
ANP
A Parcel of land situated in the SWl/4SWl/4 Section 34, Township 6 South,llange 88
Wesf of the Sixth l'rincipal Melidian, County of Gatfield, State of Colorado; said Parcel
being more particularly clescribed as follorvs:
Conlnencing at the Soutluvest Colner of Section 34, a 2-112" Gar{ield County Sul'r,eyor
Brass Cap forurcl in place; thence N 88'10'28" E along the Southerly Line of said Section
34 a distance o1984,24 feet, to the Point of Beginnirle;thence leavings saicl Southelll'
line N 02"50'09" W a clistance af 1220,49 feet to a point on the Northerly Line of the
SV/|/4SWl/4 of said Section 34; thence N 89o02'17" E along saicl Northelly Line a
distallce of 358^ l9 feet to Sor¡thwest Sixteenth Corner of said Section 34; thence
S 02o50'09" E a distance of 1215.09 feet to the rüest Sixteenlh coüter of said Section 34
ancl Section 3, Toltrship 7 South, Range 88 West of the Sixth Principal Meridian; thence
S 88o10'28" W along the Southet'ly Line of said Section 34 a distanse of'358,06 feet, to
the Point of Be-qimine; saicl Parcel contairring 10,008 ¿lcres, more or less.
ilil ftr¡ f 1!, I L1li [¡ËHflIEh¡\l !l'T\t lt¡tl hlLIhT I lll' ù I I I I IReceptilonË i 82874?
12l1Sil?O12 02:4.l:22 Ptt Jêån Êlbê¡jco9 of 12 Rec Fee:966.00 Þoo Fer:ô,o0-GÊRflem C0UNTY C0
County olüartield
State of Coloraclo
AND EXCEPTING THEREF'ROM
P¡rcel A:
A Parcel of larld situated in the NW1/4SV/I/4 Section 34, Torvnship 6 South, Range gg
\Vest of the Sixth Principal Mericlian, county of Garfielcl, State of Õoloraclo; saicl Þarcelbeing rnore particularly clesuibed as follorvs:
Col¡lmencing at the West Quarter Corner of Section 34, an Alurnintun Cap L.S. No. 5g93fnund in place, the Poiltt gf Beeirl.rinq; theuce N g9o5l150,, E along the N*rtt rrty tine ofthe NW1/4SWl/4 Section 34 a distartce of 201.90 feet; thence leaving said Nor.tlierlyLine S 03053'31" E a distance of 1233.02 feet, to o poírt on the Souttrerly line of sáiclNV/l/4S\Ã/l/4; thence along said Southerly Line S ligol3'59" w a distance of 199.56feet, to Sl/16 of Sestion 34 and 33, a2-112" Garfield County Surveyor Brass Cap foundin place; thence N 03o59'40" W along said Westerly Line ná*ni,l Section 34 a distance of1235'37 feet to the Point-of Beginning; said Parcel containi'g 1.676 o*rr.' mor.e or less.
Cormty of Garfielcl
State of Colorado
PalcelB:
A Parcel of Land sittlated in the NE % Section 4, Torvnshi¡r T South, Range gg lyest ofthe sixth Principal Mericrian, courty of Garfierú state ofıororoao, ueii[,rro'e --
particulally described as follorvs:
Commenciug at the Nll4 corner of Section 4; thence S 45o03,03',E a clista'ce of 1905.62feet to fhe uofiheast sixteenth corner of saicl óection 4, also being the southeast corner oftltat properly described in Reception No. 419600 in the Garfielcl'Co,,nty Ciert *lRecorder's office, the P44gf Bfeirring; tlrence N00olg'44',w along the ,*rtJy me
9{ slid Reception No' 419600 a o¡stance of 514.40 feet to the northuest corner; thences89o46'50"E along the northerly line of said Receptiop Ño. +iqooO a clista'ce of 2g5.66feet lo a point in an existing fence; thence leaving saicl norrherly line S I0.53,01 ,,8 alo'gsaid existing fence a distanc'e of 541,23;thence cãntinuiug along saicl existiqg fe¡ce'N89o15"38"Vy' a distance of 1728.64 feet to a point orr thJnort¡-souttr center.line of saidSection 4; thence leaving said existing fence Ñ00"13'22"TV along saicl ¡orth-sortlrcenterline a distance 9Jl 94 feet to a point on the northerlf rirtr ortnot properry Jescribeclilr Reception No. 280798 in the carnàl¿ Courty Clerk anã Recorder,s office; thenceleaving said north'south centerline s89o46'50'ú along saicl northerly line a distancc ofl343.47feetto@saiclparcet-"''i;ilü;.bno,'lttoreorless.
County of Garfield
I ll I llT'r I lft F.4 r I il/, l$T, l*'i l$1, l¡iltr l*lf ltH lll U lll, ú I I I I IReoept,IonS i 828747
1211912912 O2;41:22 PIÍ Jean ålberlcolO of 12 ñso Fea:$66,00 Doo FeÊ:0,0O GARF¡FL0 CoUNTY C0
State of Coloraclo
Itesu,ltine L,€gnl DÊscriptlon - Tlle Berlleley Falnily l,imited Part4.ershiU
A Parcel of land situeted in governme¡rt Lots 5 ancl6, Section 32, Lots 7,8,9,10, I I, 12,
13,14,15, 16, 17,20,21,22,23 and the NEll4SEl/4 of Section 33, SV/1/4Sïyl/4 ancl
the NWI/4SW1/4 of Section 34 all in Torvnship 6 South, Range 88 West of the 6th
Principal Meridian, artcl also Lots l, 2,3 and 9 of Section 4, Torvnship 7 South, Range 88
West of the Sixth Principal Mericlian, Countl, of Garfielcl, State of Colorado, saicl palcel
being rnore particularly desclibed as follorvs:
Conltrcncing at the South Quarter Comer of saicl Seclion 33,
^2-l/2"
brass cap L.S. No.
5933 founcl in place, the point of beginrúng; thence N. 89o40'02" W. aloug the sonrtherly
boundary of said Section 33 a distance of 2502J1 feet to the southwest çot'n€r'of said
Go\r't Lot 20, a3-ll4u alutninutn cap L.S. No. 19598 fo¿rud in place; thence N. 01o58'08"
E. along tlre westerly boundary of said Go\,'t Lot 20 AND 17 a distauce af 2,064.02 feet
to flre northrvest conler of saicl Gov't Lot I 7, a 3-l/4" ah¡mintun cap 19598 fonncl in
place; thence N. 87"10'45" Vy'. aioug the southerly boundaly of said Gov't Lot 9 AND 6 a
distance of 1382.3ó feet to tlrc southrvest corner of said Gov't Lot 6; thence N, 0l o43'36"
E, along the rvesterly bounclary of saicl Gov't Lot 6 AND 5 a distance of 1290.42 feet to
the northwest coflrer of said Gov't Lot 5 (whence a r.vitness corner to the northu'est
corner of said Lot 5 bears N.01'43'36" E. a clistance of 29.83 feet); thence S. 89"05'51"
E, along tlte trorllterly boundary of said Lot 5, a clistance of 1166.84 feet to the northeast
cornel of said Lot 5, a3-l/4" aluminum cap L.S. No. 19598 found in place; thence S.
89oI2'41" E, along the northerly borurdary of saicl Go\,'t Lot I AND 7 a distance of
1529.49 to the northeast courer of said Lot, a 2-Ll2' Garfielcl Coturty Surveyor ahuninuln
cap found in place; thence S. 01"58'10" W. along the easterll'bounclary of said LotT a
distatrce of 838.23 feet to the soutlteast coilrer of said Lof 7 , a 2-112" alumint¡m cap L.S.
No, 5933 founcl in place; theuce S, 88025'59" E. along the northerly bounclary of said
Gov't Lot I I â distallce of I I 13.33 feet to the center quafter somer of said Section 33, a
3-114" Garfield Corurty Snrveyor aluninurn cap fcund in place; thence S. 88o25'59" Ë.
along the not'therly boundaty of said Gov't Lot l2 a distance of 1255,38 feet to the
center-east sixteeuth colner of said Section 33, a2-l12" aluminurn cap L.S. No. 5933
found irr place; theltce S. 88o25'59" E. along the northelly boundaly of the NFll/4SËt/4
of said Sectio¡r 33 a distance of 1255.38 feet to the east qnarter Çol'trer of snid Section 33,
a2-ll2" aluminunr cap L.S. No. 5933 found in place; thence N. 89"59'25" E. along the
northerly bounclary of the NWI/4SV/l/4 of said Section 34 a distance of 201.90 feet;
the¡rce leaving said northerþ boundary S. 03o45'23" E. a distance of 1233,01 feet to a
point ou the soutlteily boundary of said NWI/4S1Vt/4; thence N. 89"02'47" E. along said
southerly boundary a distance of 807.09 feet; theltce leaving said southerll, boundar5' g.
02o50't9" E. a clistance of 1220J4 feet to a point on the southerly bonnclary of the
SV//l4SWl/4 of said Section 34; thence S. 88o10'28" Vy'. along said southerly bounclary a
clistanceof 9S4.24feettotltesoutheastcorLterof Section 33,ä2" Bureauof Land
Managemetrt aluminutu cap found in place; thence; S. 16"39'59" W. a distallce of 217.38
t_ll I llrr ¡ ïft FJJ rl l¡ {,1 I il l{¡ li 0S t l,il¡f Hl I ltf ilrf lrl, ú I I I IReception$: 828747
12t1Sl2Ol2 62:41:22 Pll J€an Atbertco11 ol 12 Roo Fee:966.00 Doo Fee:0.00 GÊRF¡ELö CQUNTY C0
tbet; thence S. 27o00'32" W. a clistance of 277 .20 feet; thepce S. 4go I 1,02' W. a clistanceof 452.97 feet; thence N, 89o49'27" W. ¿r distance orlq:.sl feet; thence along fhe arc of
a tangent sutve to tlte riglrt having a raclius of 200.00 feet and celllr.al apgle oi54o 02,2?",
a distance of 188.64 feer (chord bears N. 62o47'31" 'W. a clistauce of lttlZZ feet); thenceN. 35o45'36" W. a clistance of 8.9ó fcct; thence S, 57"47'34" 'W. a clistance of 100.6g feetto a point in an existilrg fettce; thence S, 10"53'01" E. along saicl fe¡rce a clisiance of
648' l5 feet to an angle point in saicl fence; rhence corrtínuiirg along saiJ rrn.e ru.
89o15'38" W. a distance of 1728.64 feet to a point in the weJterly [ounclary of theSwl/4NËl/4 of said Section 4; thence N. 00¡'13'22" }v, along ríia r*ri*tly boundary aclistance af 1342.18 feet to the point of beginning.
AND INCLUDING
Parcel A:
A Parcel of lancl situated in the NWI/4SWl/4 Section 34, Torwship 6 South, Range gg
Vlest of the Sixth Principal Meridiart, County of Gar'field, State of Color.Jo; saicl par.cel
being more particularly described as follows:
Cont¡nencing atthe West Qualter Corner of Section 34, an Aluminunr Cap L.S. No. 5993founcl in place,4fS,iut qf Begifriing; ttrence N 89"51;s0" E along the Northerly Line ofthe Nwl/4SWl/4 Section 34 a distance of 201-90 feet; thence leavîrg saiJÑorherlyLine S 03"53'31" E a distance of 1233.02 feef, to a poirt on the Soutlîerly Li¡e of saidNwl/4SWl/4; thence along said Southerly Line S ligol3'5g" W a distance of 199.56feet, to S1/16 of Section 34 ancl 33,a2-Ui" Garfield County SurveyorBrass Cap foturdin place; thence N 03o5g'40,'W along said Westerl),Line of said Section 34 a clíslance of1235.37 feet to tlre Point of Beeiluritg; said Parcel containing 5.6?6 acres, *or= or less.
County of Garfield
State of Colomclo
Parcel B:
A Parcel of Land situated ilt the NE % Section 4, lbwnship ? South, Ra¡ge gg West ofthe sixth Principal Mericlian, county of Garflrelci, state of 'colorado, bein[ morepalticularly described as follows:
Commenciltg af fhe Ni/4 comer of Section 4; thence S 45"03'03,,E a clistance of 1905,62feet to the uofiheast sixteentlt comeï of said Sectiolr 4, alsoleing the southeast eor.ner ofthat property clescribed in Reception No. 419600 in the carfietã cou¿ty clerk arxlRecorder's office, the ppjrrt çf Bçginnine; thence N00ol g,4q'iw arong the westerry lineof said Reception No, 419600 a distance of 514.40 feet to the northwest corner; t¡ences89o46'50"8 along the [ortherly line of saicl Reception r.lo. ¿rpgoo a distance of 2g5.66feet to a poitit in an existittg fence; thence leaving sai¿ norittJy line S 10o53,01',8 al'ngsaid existing fence a clistattce of 541.23;thence continuing along saict existi¡g fe¡ceN89o15"38"w a distance of l728.64feet to a point on thðnortlisouth ce¡terline of said
ï|l iTt* |
rtl' lt{rl{ü fftf h¡¡¡i ûr ü lil¡tr lttf t#i |ttû?|il,,¡ t I il IReeeption$: 828747
17' ll o,8'
Ê "2' iil ; 3å'iå, d8å^råi?8 iå3'6eRF r ELD couNT y co
Section 4; thence leaving said existing fence N00"13'22"W along saiclnorth-soutlr
ceutelline a distance of t.04 feet to a point on the norlhelly line of that ploperty clescribed
in Reception No. 280798 in the GaLfield Counfy Clerk and Recorder's Office; thence
leaviug said north-south ceuterline S89o46'50"8 along said northerly line a distance of
1343.47 feet to the Point of Beeinnine said parcel containing 4.293 ac. urorc or less.
Couuty of Garfield
State of Colorado
AND EXCEPTING THEIìDFROM
A Parcel of land situated in the SWI/4SW114 Section 34, Tolvnship 6 Soutlr, Range 88
V/est of the Sixth PrincipalMericlian, County of Garfielcl, State of Coloraclo; said Palcel
being rnore particularly described as follows:
Conrnretrcing at the Soutltwesf Colner of Section 34, a2-lt2" Garfielcl Courrty Surl,eyor
Brass Cap found in place; fhence N 88o10'28" 8 along the Southerl)'Line of said Section
34 a distance of 984.24 feet, to the Point of Beqinrúng; thence leavings said Southerly
lirre N 02"50'09" W a clistance of 1220,49 feet lo a point on the Northerly Lilre of tlie
SWli4SWll4 of said Section 34; thence N 89"02'17" E along said Northerly Line a
distance of 358. I 9 feet to Soutlrvr,est Sixteenth Conrer of said Section 34; thence S
02o50'09" E a distance of I215.09 feet to the West Sixteenth colner of said Section 34
and Section 3, Torvnship 7 Soutlt, Range 88 West of the Sixth Principal Meridian; thence
S 88o10'28" 1V along fhe Southerly Line of saicl Section 34 a distance of 358.06 feet, to
the Point of Beqilurins; said Parcel containing 10.008 acles, lnore or less,
County of Garfield
State of Colorado
'ï{,qirdirÉil,#l#jH"iii,*::,::Lr****,,
QUrT CLAIM Dnnn
THIS QUIT CLAIM DEED is rnacle ttris lÞday of Uuß/2012, Lrctrveell THEBEI{KELEY FAMILY LIMITED PARTN ERSHIP of the rrly of Carfìeld and State of Coloracl o,Cìrantor, arrcl COLORADO MOUNTAIN JUNICIR COLLECË DIS'l'RICT rvhose I egal aclclress is4001 Roacl ll4, Glenrvood Sp rirrgs, CO 81601, of the County of Garfield anclstate of Coloraclo,Grantee:
WITNESS, that the Grarttot', fol'and in coltsicleration of the surn of Ten Dollar.s ancl othergood ancl valtrable corlsidc¡'aliort,.the rccei¡rt and sufficien.y niiutri"h is hereu¡, [[*iur.äg", IrouI'entiscd' releasecl, solcl, cottveyetl, ancl QUlrCLAIMgo, aícl by tlrese ¡l.esent cloes renrise, release,sell' convey and QUITCLAIM unto tlte Glantee, its succesrorsir',cl assigns, forever, all the right,title, interest' clailtt altcl clelnand rvhich the clantor has in and to the r.eal pr.o¡lerty, togethe' rvithittt¡rrovetttettts, if any, situatc, lying and being irr tlre couniy ãib.,n"¡¿ and state of colo'aclo,describecl as follorvs:
SEE IìXI.IIBI'T A A'|TACI-IED I.IERETO
also knorvn by str.eet nunrber as: N/A
To HAv[ AND To HOLD the satne, together rvith all ancf sirrgular the appur.tenarces anclprivileges thcreunto belonging, o'in anyrvise tlrøcir.to ap¡r;il;,ì;ü, ancl alr the esrate, riglrt, title,irtlerest a¡tclclaint rvltatsoeverlof tlle Grárto¡', either,i,' roü'o,lììì.q,iiy, to the onl¡, pr.ope*se,benefìt, ancl belroof of trre c.a.tee, rris heir.s, srccessors ancr assigus forcver.,
IN wITNEss WHEREOF' tlte Crantol ltas execr¡ted this Deed on the clate set fbrth above.
.I'HE BERKELEY FAMILY LIMÍTED PARTNERSHIP
By
I ts:
STAI'E OF COLORADO
COIJN'I'Y OI.' GARFIELD
)
) ss.
)
'flre folegoirrg insf r.urnent rvas acknorv leclgecl before lne this
Farnily Lirnited pa rtnership.
2012, by lt.ì i¿nr cl Þ ¿r.( ¿ l:r_
Zffiay ot
-.+-of The Berkeley
d,^l,tr- .S ,A\*,.^
¿IS A.
Witness rny lrand ancl official seal
My conrnrissiorr exp ires: q-¿l
ol d.oJo
Notary Public
llil [h llrl IU!ï{ ll! I il{i I #t Lï{t{¡Httfi I d{ il{,,¡ lt il IReceptionH i 82874l¡
1?11-g!2912 92:41 ;22 Ptlt Jean Alþerico2 o1 2 Reo Feo:$16.o0 ooó-Ëäe'iolıb'ıãnftem Ö0UNTY c0
EXH}BIT A
A Parcel of land sihrated in the SWI/4swl/4 section 34, Torvnship 6 south, Range 88
West of the Sixth Principal Meridiart, County of Calfreld, State of Colorado; said Parcel
being more particularly desuibed as follorvs:
Cotlnrencing ât the Southrvest Corner of Section 34, a2-112" Carfield County Surveyor
Brass Cap found in place; thence N 88o10'28" E along the Southerly Line of said Sectio¡r
34 a distance of 984.24 feet, to the Point qf Beqinning; thence leavings said Soufherly
line N 02o50'09" W a distance of 1220.49 feet to a point on the Northerly Line of the
swl/4swl/4 of said section 34; thence N 89o02'17" E along said Northerly Line a
distance of 358.19 feet to a point on the Easferly Line of said SWli4SWl/4 Seuion 34;
thence S 02o50'09" E along said Easterly Line a distance of 1215.09 feet to a point on fhe
Southerly Line of said section 34; thence s 88o10'28" W along said Souther.ly Line a
distance of 358.6 feet, to the Po"int of.Beeinning; said Parcel containing 10.008 acres,
ntore or less.
County of Garfìeld
State of Colorado
Quit Claìm Deed
Page 2
lfhen recorrled, please retuïn lo:
lleqtlie, Chschyîck & Hoapt, LLP
932 Cooper Ávenue
Glenraod Sprìugs, CO I I 601
I I I I lt¡ I ift llll, hlll, lN r I l'Èl t I t[: lttr t' I *lt: h fi'ìH fl. lll' ù I I I I I
Rec.eptlon$: ð20748t¿ttitzçlz 02:41;22 Pl'l Jsan Êlb€rlöoI of 2 Reo Fee:$16.o0 Doe FÉe:0.00 GRRFIELD C0UNTY C0
QU[r.CLArM DEßD
1'lÌlS QUIT CL^IlVt DEIID is nraclc this l¡Ðrlay of Ðe¿¿rnbcr ,Z¡l1,bcrrvcqr
COLORADO MOUNTAIN JUNIOII COLLECE ntsf'tftC'r, of tne Òourrty of Garlìeld a'cl Srare of
colo|aclo, GLantor, nncl'II-lE BERKEI-EY FAMILY LIMITIID PAI{TNIR.Sl IIp rvlrose legal ilkh,css
i^s 400 I count¡, Iìoad I I 4, Glenn,ood s¡rr.ings, co g 1601, of tlre count), of Garf ielcl ancl State ol-
Cololado, Grantee:
WITNESS, tlrat the Gratttor, fol'ancl in cousideration of thc suur of Ten Dollars ancl othel.
good attd valuable colrsiclelation, tlre recei¡rt altd sufTcietìc)/ of \\/lìicI is her.eþ¡, ack¡oç,leclge, fias
t'ctttisccl, t'eleased, solcl, coltve¡,ecl, and QUII'CLAIME,D, anrl by these ¡rrese¡t cloes reprise, r.clcasc,
sell, cottvey arrd QUITCLAIM trltto the Grantee, ils successors ancl asslgns, folevcl., all the rig¡t,
title, ittte lest, clailtt allcl dernand rvhich tlrc Grantol'has in arrcl to the realpr.operty, tågether *,it¡
iruplovcnrcnts, if an¡,, situate, lyirrg arrcl being in the Courrt¡,of Carlìeld ancl Statc of-Coloraclo,
clescl'ibed as f'ollon,s:
SEE EXIIII]IT A ATTACHED IItsIìETO
also l<llos,¡l by stlcct rrunrber.as: N/A
TO HAVE AND TO HOLD tlte sattte, togetltet'rvith all arrcl singular the uppurterrarrccs a¡dprivileges thct'ct¡nto belonging, ol irì an¡,¡1,i5c thel'er¡nto appeltaining, arrciall the csiate, riglrt, title,
interest attd claittl u'hatsoctet of the Grarrtor, eithcl in lari,'or.in eqtit¡,, to t¡e o'l¡,¡rrop* ur.,
[:euelÌt, and behoof of thc Grautee, his heir.s, successors arrcl assigris l'oreyer..
IN WITNtrSS WHBREOF, tlre Gratttot'has cxecutecl this Deccl on tlre clate set fìrrth above.
cot,or{DO MOUNT AIN JUNIOII COLLEGE DISI"RICT
,'-f?P--- " -
Ilv:
Its:
STA'TIT. OF COLOIìADO
COUNl'Y OF GARFIELI)
The f-o
)
)
)
ss,
t'egoitrg ilrstt'uluenf rvas acknorvled gcd belbre this
,2012,by âS
Mounla in Juniol Collegc Distr.ict
Witness rny harrclarrd ofl'icial seal.
iVI¡, corrrrnission expiles 1-Jb1{
F-of
ot'Cololnclo
II
i)'1i¡ülH I'I{}VAK
þloïnÍtY PU8L|O
{i ti\l'fi tlF ço¡oçAtlu
:)
fix "i¡,.)t¡l .tu$N,2í115
Public
?T",Ur#É!HHltrH',Hil:.i.::'
,*{ ,'"¡' il,
EXHIBIT A
Palcel.A:
A Parcel of lancl siluated in the NWI/4SWl/4 Section 34, Torvnship 6 South, Range 88
West of the Sixth Principal Meridiatt, Count¡, of Garfielcl, State of Coloratlo; saicl Parcel
being more ¡rarticularly clescribed as follon's;
Conrmencing at the West Qualter Cotrrer of Section 34, an Alumilruur Cap L.S. No. 5993
found in place, the Point of Begirming; thence N 89"51'50" Ë along the Norlherly Line of
the NWI/4S\Vl/4 Section 34 a distance of 2û1.90 feet; thence leaving said Northerly
Line S 03"53'31" 8 a distance of 1233.A2 feet, to a point on the Southerll, Line of said
NV/l/4SV/l/4; thence along said Southerly Line S 89013'59" $/ a distance o1199,56
feet, to 5T/16 of Section 34 and 33, a2-112" Garfield Corurty Surveyor Brass Cap found
in place; thence N 03o59'40" W along said Westerl)'Line of saicl Section 34 a clistance of
1235.37 feet to the..Soint of Besirïtins; said Parcel containing 5.676 acres, urot'e or less.
Couuty of Garfielcl
State of Colorado
Parcel B:
A Parcel of Land situated in the NE % Section 4, Torvrrship 7 South, Range 88 \Vest of
the Sixth Plincipal Met'idiarr, County of Garfielcl, State of Colomdo, beitrg rnore
palticularly described as follorvs:
Comurenci¡rg at the N1/4 corner of Section 4; thence S 45o03'03"E a clistance of 1905.62
feet to the northeast sixteenth col'ner of said Section 4, also being the southeast corner of
that propelty describecl in Reception No. 419600 in the Carfield County Cle¡'k and
Recorder's Office, the Pqint ofBegiming; thence N00ol8'44"W along the vraster{y liue
of saicl Reception No, 419600 a distance of 514,40 feet to the northrvest courer; thence
589"46'50"E along the uortherly line of saicl Reception No. 419600 â dislance of 285.66
fcet to a point iu an existing fence; thence leaving said northerly Iine SI0o53'01"8 alo¡g
said exisfirtg fence a distance of 541.23; thence continning along said existing fence
N89"15"38"Vy' a distatrce of 1728,64 feet to a point on the north-south centerline of saicl
Section 4; thence leaving said existittg fence Nû0'13'22"W along said north-south
centel'line a distance of 1.04 feet to a point on the northerl¡' line of that proper.ty described
in Reception No. 280798 in the Garfìelcl County Clerk and Recolcler's Oflìce; thence
leaving said north-south centerline 589"46'50"Ë along said northerl¡'line a distance of
1343.47 feet to the Point qf Beginnins saicl parcel containing 4,293 ac. nrore ol. less.
County of Garfielcl
State of Colorado
Quit Cloim Deed
Page 2
lYhen recordecl, please relurn !o:
ßeelÍie, Chod¡vick & I.loupt, LLP
932 Cooper Ávenue
Glernvoort Spt'ittgs, C0 8i,601
llf I lï1 f ilIr Kü JI t/.ül,t lTr ¡l ldfliHll S¡rì[h {1il,T, lll' ú I I I I I' Reccntlon$: 82875O
I'lf n¿'Rl3 F3¡11¿?%Ë'*j'Ê!"1ålEEiEån¡rFLD cou*Ty cù
TO Garfield County CleLk and Recorder
The Berkeley Family Lirníted Partnership ('.Berkeley")
J&S Nieslanik, LLLP ("Nieslanik")
FROM:
RE: Boundary Line Adjustrnent
Follorving the Garfield County Boundary Line Adjust¡nent Procedure, this is a lettcr.of
explanation describing in sirnple telnrs the requested bourrdary line adjustnrent, Berkeley and
Nieslanik entered into a Contract in 2002 rvhereby the palties agreed to adjust the boundary line
of their respective properties by a conveyance of approximarely 17.809 acies fr.oln Nieslanik to
Betkeley. Berkeley and Nieslanik rvill be adjusting the boundary between the trvo par.cels as
described on tlrc exhibits to the Boundary Line Adjustnrent Affidavit.
Attachecl to this letter, and recorded in the Garfield County Cterk and Recorder's of{ice,
is arl Affidavir signed by Berkeley anclNieslanik creating the boundary line adjustnrent and
Exhibits A, B and C to the Affidavit, Recorded concurrently rvith the Allidavit are hvo quit
claiur deecls conveying the properties to the othet pnrty.
Very tLuly youls,
The Ber*eley Falnily Lirnited Partnership
J&S Nieslanik, LLLP
il
Janres P. Nieslanik
GeneralPartner
By
Its:.пl-4
r\
lil I tftl t h l¡ltil, llï { !{li llil ttli l+l { I #E Hü l*r¡' lll' ù I I I I I
Receotlonff i 82875øtittg'lzotz o2:41t22 PM Jean Alberico
å-åi-it-ñ¿ã Èãåidòi.ob'Doc Fee;0.00 cÊRFIELo couNTY c0
BOUNDARY LINE ADJUSTMENT AFFIDAVIT
The undelsigrìed affiants beilrg first srvolrt ulton thercof, clepose ând state as follorvs:
L We are the orvners of real property in thc unincoryorated area of Garfield County,
rvþich is describecl ilt Exhibit "A," rvlticlt is attachecl hereto and ittcorporatecl herein by
refcl'ence.
2. We are desirous of acljusting the boundary lines of our pat'cels attd have attachecl
in Exhibit B the'hretes and bounds" descri¡rtion of the area being acljustecl and in Exhibit
C the nerv legal descriptions of our palccls after the adjustnrent has beelt tuade, We sign
this Afficlavif in accordance rvith the GnrfielclCounty Unified Lartd Use Resolutiolt of
2008, as anlenclecl.
3. We lrereby le¡rlesent that no nerv parce ls or lots rvill be created ancl thel'efol'c, that
Garfielcl County rvill not be requirecl to issue any building ¡renuits, otlter thart ivhat it
rvould be required to issue for the alreacly existing parcels.
4. We hereby represerrt that none of the parcels involved in this boundary lirte
âdjustment is part of a ¡rt'eviottsly platted subclivision of record.
5. V/e hereby lepresent that the boundary line acljustment nracle refet'ettce to helein
rvill not cause the loss of access by roacl or to utilities, to any ¡lat'cel involved.
6, 'vVe hereby re¡rresent that the boundaly line adjustment being rnacle rvill not result
in any of the parcels involvecl being less tharr the minirut¡m lot size in theil applicable
zone clistrict allorveclas a result of the boundary line adjustrnent or create any non-
conforming setbacks fol any existing structt¡res.
7. V/e hereby replesent that a copy of the Affidavit rvill be recordecl rvith the
Carfield County Cle¡'k and Recordet'.
FURTHER AFFIANTS SAYETH NOT.
DONE this l'{t¡,loy of l)cccæþ¿r 2012.
The BeLkeley Family Lirnitecl Paltncrship
By
Its;
J&S Nieslanik, LLLP G
James P, Nieslanik
Its: General Paltner
ï{ffilfr##äil:*ä[iJ::T:::TùI
STATE OF COI,ORADO
COUNTY OF GARFIELD
I'he folegoirrg docurnerr
Garfielcl, State of Colorado this
Il1Í f-h¡ ¿t Ê¿rtcl<.t as
t rvas subscribed ancl swonr to before lne in the County of2b&day of Al*t,2012by
¿.¡tf of The Berkeley Fanrily Linrited
Pnltnership.\T
,úli S. þ\^n"oe't-
Notary Public
STATE OF COLORADO
COUNTY OF GARFIELD
The foregoing docunrent rvas subscribecl ancl srvonr to before nle in the Courrty ofìvn',.-2012 by Janres P. Nieslnnik as
Public
il
ç taaI
hRr
lç oF,rt¡tlf
)
)
)
ss.
My comrnission Expires:
1-7a -¿ÞrT
)
)
)
ss.
Garfield, State of Colorado this I4+h day of
Cenernl Partlrer of J&S Nieslanik, LLLP.
My conrmission Expirest 3./.Ð.tS
2
iu#itidl#eHil:Hli[iiiH]li;*
{ l
EXHIBIT A
Oxistine Properh' - J & S Nieslnnili LLI-IP
Horne Rarrch Parcel:
Torvnship 6 S.pttth. Ra¡ge 88 West" 6rH P,M.
Sectio¡ 35: NWll4; Nl/2SWl/4; SWl/4Stil114; lying North of C.R. I15. Confaining
23.87 acres,
Section 34: NEI/4; El/2SEl/4
Section 35: A tract in the SEI/4S\rVl/4 containing 5.65 acres, tllol'e or less, as tnote
fìrlly describecl irr Book 930 at Page 490.
Torvnship 7 $ollth,-ßanse 88
.West.6rH P'M.
section 3: Lot 2 (40 acres); Lot 3 (40 acres); Lot 4 (40 Acres); SW1/4NEI/4;
sli2NWl/4
Sectiorr4: Lotl,(37.67 Acres)andaporlionof SEll4NEl/4(15.81 Acres)r¡"hichis
clescribed as lying East of the following line: Begiruring at a point rvheuce
the NE Conrer of Section 4 bears N33o20'30"8,995'7 feet; tltence
S00"30'30"E, 1860.5 feet to the sortth line of the SEI/4NEI/4'
LESS AND EXCEPTING a ¡rareel of land sitr¡ated in the NEll4 of
Section 4, T7S, R88W, 6tl' P.M, r',¡hich is a parcel containing 17.861 acres
ancl is clescribed as a part of a lot bounclary adjustmettt. Said legal
description is attached ancl macle a part of this legal description.
The Holne Ranch parcel is estimated to coutain 856 acres, lnore or less, and is clescribed
on tluee clifÊerent scheclules inclucling #0500167, #050191, ancl # I I 133 I .
Mountain Parcel locatecl in Çaïfielcl allclEagle Cotrnjy. Coloratlo
Tou:ushin 6 South. Range.87.Wes-t. 6rH P.M.
Section 20: SEl/4SEl/4
Section 21: WI/2; SEll4; S1/2NEl/4; NWI/4NE1/4
'Ihe scheclule nrunber for that ¡mrtiott of the property locatecl in Garfìelcl Courty is
#050168 ancl the schechlle number fol that porliou of this ¡rroperty locatecl in Eagle
County is #0241 60, This propert¡' confaius 640 acres, mote or less'
I I ll llft l¡ t? rltkl,lHll lln h I't'fr hilS ül{J! hU\ì lli t I il,t lll, ù I I I I I
. ReceptionH¡ 82875Ø
1211âlâö17 ö2¡4í:22 ÞH Joan Alberlco6 ol I Reo FÒâ:$61.00 0oo Fee:o,oo GARFIELO C0UNTY c0
Strch propert¡'; 11r¡t çonveyed to J & S Nci.slanik I,LLP by Special Wal.anty Deecl clatecl
Dccctttbcr 24, 1997 arrd Recurtlçcl Dccernber ?6, 1997 at Reception No. S if f t S in tsook
1047 at Page 914,
ll*ittinq P,'ope.[f] - T[g Botkclor. Fuurilv Lintit*.r pr]rtil.g,*ltip
Section 321 Lots 5 and 6
Section 33: Lots 7 tluough lT ilrclusive, Lot 20 tluough 23, inclusir,ç a¡rçlNEll4SEl/4
Section 34: SWI/4SWll4
Section 4: Lots 2, 3, ancl 9
EXCEPTING therefionr that parcel of land described to the Boar.d of cormr¡,
Comtnissiouers of Garfteld Courrty fol loacl putposes by clocuments recorclccl .Iu'e 3,
1929, in Book 159 at Page 85 as lleception No. 104496 and in Book 159 at page 87 as
Reception No. 104498
S_ttch property rvas conveyed to l'he Berkeley Farnily Limitecl partnelship by Special
IVananly De ed clated April I 5, I 9g4 ancl Recorclecl Ap,-il zz, l gg4 at Rr."pilo,i No.
462134 in Book 0899 at Page 7g6.
lill lrr¡ HI rt4ll ru [ú HËl'l lçFl{Uil'l h ü'lH llll{'ù ll ll I
ifåiB?åÉä?å¿tåiiiä""*.Ê!.1åla6' Efi *''I ËLD touNT Y co
EXHIBIT B
.I&S Nieslaník' LLLI'
to
Thc Bcrkele¡' FamÍl¡' LinlÍtetl Prutnclsltip
A parcel of larrcl situated in the NEI/4 of Section 4, Township 7 South, Range 88 West of
t¡e Sixth Prineipal Mericlian, Courty of Garfreld, State of Colorado; saicl parcel being
lriore particularly clescribed as follorvs:
Courr¡encipg at the northeast corner ol'said sectiou 4, a BLM alultrinutn cap in place, thq
Poirrt of Beqiruins; thence Sl6o39'55"W 217.3S feet thence 527"00'32"W 277 '20 teet;
thence S48" I l'02"'W 452.97 feet; thence N89"49'27"W 293.53 feet; thence alottg the arc
of a cune to the riglrt having a radius of 200.00 feet ancl a central angle of 54"02'08n', a
distarrce of 188.62 (chorcl bears N62o47'22"W l8l .71 feet); thence N35o45'36"W 8.96
feet; theuce along the aro of a non-tangeut cut'r'e to the right havittg a rnditls of 330.00
feet and a ceutral arrgle of L7"32'59u, a distance of 101.08 feet (chord bears
557"47'34"W 100,68 feet); thence S10"53'01''Ë 106.92 feet; tltence N89o46'50"W
285,66 feet to a point on the easterly boundary of that property describecl in Reception
No. 462134 of the Garfielcl County Clerk and Recorcler's Office; theuce N00'18'44"W
along saicl easterly boundary 336.70 feet; thence continuing alolrg said easterly boturdary
N89'51'49"E 2ß.4A feet; thence contiuuing along saicl easterll'bottnclary N00ol6'49"\¡/
489.S4 feet to a point on the lorthelly boundary of said section 4; tltence alotrg said
rror.tlrerly boundary S89o49'20"8 1127.68 feet to the true point of beeinlling; saicl parcel
containing I?.809 acres) more or less, saicl parcel to be mergecl r.vith a tract of land
¡rrcsentlyiclentifiedasRece¡rtionNo.5l83l5,BookNo. i047,PageNo.9l4inthe
records of the CleLk and llecorcler of Gar'field Corutty.
Count¡'of Gnrfïeld
State of Colorado
I_llI lrïr¡ l¡l1It l#,l$1,,Í$',lt+ {l l'{[: HrË ffi H,ll I ll { ltl'ú tI II IReceptlonflì 82875ø
!21 .1912912 O2:41 : ?'/ Pt1 Jean Alb¡nloo7 ol" I Reo Fee;961.00 Doo f¿o:o'.ıb-ıñnfIELD couNTy co
EXHIBIT C
Iìcs u I ti n q lr.qgql p cçp rip ti g¡l -"J * S N icsla n itt. LLLp
HOME RANCII P^ßCEI,:,
TOWNSHIP 6 SOUTH. RANGE 88 WEST.6'II P.M.
Section 35: NWI/4;Nl/2SWl/4; SW114SWI/4; lying North of C.R. I15. Conraini¡g
23.87 acres.
Section 34: NEI/4; EtlZSEt/4
Section 35: A tract in fhe SEI/4SWl/4 contairúng 5.65 acres, rnole o¡. less, as more
fully clescribecl in Book 930 at Page 490.
TOWNST-ILP 7 souTH. RANGE S8 WEST. 6ft:"-p,M.
section 3: Lot 2 (40 acres); Lot 3 (40 acr.es); Lot 4 (40 Acres); swl/4Npl/4;
sl/2Nwt/4
Seotion 4: Lot t (37,67 Acres) ancl a poltion of SEI/4NEI/4 (l5.Sl Acres) rvhich is
described as lying East of the follorving liue; Begiruring at a poirrt u,hepce
the NE Comer of Section 4 bears N33oZ0'30,'E,tgl,7 feet; thence
500o30'30"8, 1860.5 feet to the south line of the SEI/4NE1/4.
LESS AND EXCEPTING a palcel of la¡rd siruarecr in trre NEI/4 of
section 4, T7s, R88w, 6rr'P,M, lvhich is a parcel coutaining l7.g6l acres
and is clescribed as a ¡rart of a lot boundary acljustment. saiã hgal
descriptiorr is attached ancl made a part of this regar descr.i¡rtion.
The Home Ranch parcel is estimated to contain 856 acres, lnore or"less, ancl is clescribed
ou tluce tliflu¡ulrt scheclules inclucling #0500167, #05ülgl, a¡d #l I1331.
TAIN
GE P
Section 20: SEI/4SEl/4
Section 2l: WllZ; SEI/4; St/2NEt/4; NWI/4NEl/4
The schecltlle number for that porlion of the property located in GaLfìeld Coturty is
#050168 ancl the schedule nunrher for that porriın of this pra¡ler.ty located in Eägle
Cortnty is #024160, This propertl' contains 640 acres, mol.e ór less.
lll I iTr¡ t ll I l'l#,ill {, lllt ü{J Éf H1f I {lf ¡hrü li {,lll'ú I I I I I
Receot t on$ : 8?875ø\îltüàolz oz:41 2? PN JÊån Alberloo
å-3i"é-ñå; ËãäléËilob'boð-Èae'o.os GARFIELo GouNrY c0
EXCEPTING THEIìEFIìOM :
A parcel of lancl situated in the NE l/4 of Section 4, Torvnshi¡: 7 Sorttlt, Raltge 88 TVest of
thé Sixth Prirrci¡lal Mericliau, Counfy of Garfield, State of Colot'aclo; saiclparcel being
mole particularly descrtbecl as follorvs:
Cour¡rençing at lþe northeast conler of said section 4, a BLM altunintlm ca¡r in ¡llace, tlte
Point of BçgJnnjng; thetrce S16o39'55"W 217,38 feet thence 527"00'32"W 277.20Íbet;
tlrerrce S48"1 l'02"W 452.97 feet; thettce N89o49'27"V/ 293,53 fbet; tltence along the arc
ola curve to tire right having a radius of 200,00 feet atlcl a ceutral angle of 54o02'08", a
clistance of 188,62 (chord bears N62o47'22"W 18i.71 feet); thence N35o45'36"W 8.96
feet; thence along the arc of a nou-taugent ci¡we to tlte right having a raclius of 330'00
fbet arrcl a centt'al angle of 17o32'59" , a distance of l0l,08 feet (chord bears
S57o47'34"V/ 100.6S feet); thence S10"53'01"E 106.92 feet;thence N89o46'50"W
255.66 feet to a poiltt on tlie easterly boundaly of that propelty clescribed in Rece¡rtion
No. 462134 of tlre Garfietcl Corurty Clerk and Recorder's Office; thence N00'18'44"W
along said easterly boundary' 336.?0 feet; thence continuing alortg saicl eästerl¡r boturdary
NB9"5l '49"P ?ß.4A feet; thence continning along saicl easterly boturdary N00"16'49"W
489.84 feet to a point on the northerll'bounclary of said sectiou 4; thence along saicl
nortlrerly boundarl' S89o49'20"8 ll27.68 feet 1o the true point of beqilming; said parcel
contairilng 17.809 actes, mote ot less.
Resultine Lesr.rlDcs criu tion - Th e B erheJçy Fa¡nih' Linli terl Pa rtneJsltiD
A Parcel of larrcl situated in goveltuneut Lots 5 aud 6, Sectíon 32, Lots J,8,c),1Û, I l, 12,
13,74,15, 16, 17,20,21,22,23 and the NEI/4SEI/4 of Sectiotr 33, SWI/4SÏ/I/4 ancl
tþe NWI/4SWI/4 of Section 34 all in'forvnship 6 Soutlt, Rattge 88 West of the 6th
Pri¡cipal Mericlian, and also Lots l, 2, 3 and 9 of Section 4, Tou'nship 7 Soutlt, Range 88
V/est of the Sixth Principal Mericliarr, Couuty of Garfielil, Sta{e of Colorado, said parcel
beirrg rnore particularll' dessribed as follorvs:
Conrnrencing at the Soutli Quartel Corner of snid Secfion 33, A2'112" blass cap L.S. No'
5933 founcl in place, the point of beginning; thence N. 89"40'02" W. along the sottltlterly
borrrrclary of said Section 33 a clistance of 25t2.71 f'eet to the sottthwest corlter of said
Gor,'t Lot 20, a 3-l/4" aluminunr cap L.S. No. 19598 found in place; thence N. 01"58'08"
E. along the uæsterly boundary of saicl Cov't Lot 20 AND l7 a distance of 2,064,02 feet
to tlre nortllvest corner of said Gov't Lot 17, a 3-l/4" aluntintltn cap 19598 founcl itt
¡rlace; thence N. 87"10'45" W. along the souther'ly boundary of saicl Got"t Lot 9 AND 6 a
distance of 1382.36 feet to the southuest cotner of said Go\,'t Lot 6; thence N, 01o43'36"
E. along the u'esterly boundary of said Gol"t Lot 6 AND 5 a distance çf 1290.42 feet to
the northu.est comer ol'said Gov't Lot 5 (u,hence a witness col'nel'to the northwest
corner of saitl Lot 5 bears N. 01o43'36" E, a distatrce of 29.83 feet); thence S. 89oÛ5'51"
E, aiong the nol'therly boundary of saicl Lot 5, a distauce of 1 166.84 lbet to the not'theast
conrer.of said Lot 5, a3-l14" aluminrun cap L.S. Nc. 19598 found in place; thence S.
89"t2'41" E. along the northel'ly boturdary of said Go\,'I Lot I AND 7 a distarrce of
1529.49 to the nofiheast corner of saicl Lot, a 2-112" Garlìeld Courtty Surveyor altlnlint¡tn
llllür¡ Hïl4,flüll !t/tltl/tltHHûtll4,ll./{tr$ ilt,ù ll il IReceptlonS: AZBIA!ò
å'á¡s¿'Hl3 P3¿f{¿1ï8t*i"Ê!"1åfåå'Ëå*FTELD c'uNTy co
ctç lorrnd ill place; thence S. 01n58'10" \V. alorrg the eâstel'ly bounclary of said Lot 7 a
distauce ol'838,23 feet to the sot¡fheast corner of snicl Lot ?, a 2-ll2u niuminunl cap L.S.
No, 5933 fotlncl in place; thence S. 88"25'59" E, along the northerly borurclary of sai¿
Gor"t Lot I I a dislance of I I 13.33 feet to the center quarter corrrei of said Section 33, a
3'114" Garfield Coturty Surue¡,or alu¡lrinrull cap fountl in place; thence S, 8go25,59', Ë.
alortg the northelly boundary of said Gor,'t Lot l2 a clistairce of 1255.38 feef to the
center-east sixteenth coilter of said Sestion 33, a2-tl2" alurninrmt cap L.S. No. 5933
for¡nd in place; tltence S. 88o25'59" E. along the northerly boundary óf iltr NEI/4SEl/4
of said Section 33 a distance of I255.38 feet to the east quarter corner of saicl Section 33,a2'l/2" aluminum cap L.s. No. 5933 found in place; trrence N. g9o59,2s', E. alo¡g the
northetly bounclaly of the NWI/4SWl/4 of said Section 34 a clistance of 201.90 feet.
thence leai,ing saiilnortherly boundary s, 03045'23,'8. a clistan." "ilãi:.ói
-fb"ii;;
¡roint ou tlte sor¡therly boundaly of said NTyt/4SWl/4; thence N. 89o02'42,'8. along saicl
sotltherly boundary a distance of 807.09 feet; thence leaving said soutfterly bou¡dar!, S.
02o50'09" E. a clistance of 1220,54 feet to a point on trre sorither{¡, bounclary of tlieSw/l4swl/4 of saicl Section 34; thence s. 88o10'28', W. along sãid souther.l¡, bouudar.y a
clistance of 984. 24 feet to the southeast corner of Section 33, ;2" Bureau ofianrl
Managetleut aluluiuum cap found in place; thence; S. 16"39'59" W. a clistance of 217.3g
fèet; tlrence S.27o00'32" W. a distalrce of 277.}}feet; thence S.48"1l'02' W. a clistapceof 452'97 feet; thence N, 89'49'27" ïV. a disfance of 293.51 feet; thence along the arc of
a tangeut cul'\¡e to the riglrt having a radius of 200.00 feet ancl cenrral angle of 54o 02,27" ,
a clistance of 188.64 feet (chord bears N, 62o47'31" !V, a clistance of l Bll?2 feet); the'ce
N' 35o45'36" W. a distance of 8.96 feet; thence 5.57"47'34"'W. â distance of lO0.6A feet
té a point in an existiltg fence; thence S, 10o53'01" E. fllong saicl fence a clistance of
91!tt-5 feet to au augle point irt saici fettce; thence continuiirg along said fence N.
89o15'38" W. a distance of 1?28,64 feet to a poitrt in the rvesterly toundary of theSÌVl/4NEl/4 of saicl Section 4; thence N. 00o13'22" W. along sriid r.restetty bounclary a
clistance of 1342.1 I fcct to the ¡roint of begiruring.
til iir¡ t ll rlt¡l,l$ ll, l¡hl ÛTi l¡l!ìl+lf I üË rll ü H{a lll' ù ll ll I
Receotlonfl: 828751
lìIlniiàR# P3¿iå i ã%8".3'Ê!"1À?E6' EERF r ELD c.uN T y co
QUTT CLAIM DEED
THIS QUIT CLAIM DEDD is made tt'ti, /Lltday of Lecu,^ be.r ,zllz,betrveen J&S
NIESLÀNIK, LLLP, of tþe County of GaLfîeld ancl State of Coloraclo, Grantor, anclTHE
BERKELEY FAMILY LIMTTED PARTNERSHIP rvhose legaladclress is 4001 County Road I 14,
Glenrvoocl Spr.irrgs, CO 81601, of the Couttty of Cartield and State of Colorado, Grantee:
\ryITNESS, that the Grantor, for and in consicleratiorr of the sutn of 'l'etl Dollals artd other
goocl and valuable considelatiorr, the receipt and sufficiency of rvhich is hereby acknolledge, has
Ienrisecl, r'eleased, sold, conveyecl, aud QUITCLAIMED, ancl by these ¡lresenl does temise, t'elease,
sell, co¡vey ancl QUITCLAIM unto the Gmntee, its st¡ccessors atrcl assigus, foreveL, all the riglrt,
title, interest, clainr ancl clemancl rvhich the Grautor ltas in altd to the teal propetly, togetltel rvith
irnproventents, if any, situate, lying ancl being in the County of Garfield ancl State of Colorado,
clescribed as follorvs:
SEE EXHIBIT A ATTACHED HERETO
also knorvn by street nunlbel as: N/A
TO HÀVE AND TO HOLD the same, together rvith all and singular the a¡rpurtenattces attcl
privileges theleunto belonging, or in anyrvise thereultto appeltaining, and all tlte estate, right, title,
intcrcst a¡cl clainl rvhatsoever of the Grantot', eitlrer in larv or in eqttity, to the only ploper use,
benefìt, ancl behoof'of lhe Grantee, his lteirs, successol's ancl assigtts fbrevel'.
IN WITNDSS WHEREOF, the Glanlor has executeclthis Deed on the clate set fofih above,
J&S NIES LP
By: James P. N ieslanik
Its: General Partner
STA'IE OF COLORADO
COLTNTY OF GARFIELD
Tlre folegoing instrunteut rvas ackltorvledgecl before me this Wclay of
2012,by James P. Nieslanik as Genelal Patttrel of J&S Nieslanik, LLLP'
Witness nry harrcl and official seal
My corntttission expi rest 3.1â.15
otary Public
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)
SS.
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,äffie:
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Illl lh tII ¡tfl JF¡ { I'trll Iffi HrË ffiil#ï ltùili fl, lll',t ll ll I
" RbceptlonË: 828751
12l1Si!2U2 Q2:41 :22 Ftt Je¡n Albe rioo2 of ? Roo Foô:$16.00 Doc Fee:0.00 oARFIELD COU|,ITY tO
F.XHIHIl'A
A parcel of land situated in the NEI/4 of Section 4, Torvnship 7 South, Range BB West of
the Sixth Principal Merìdian, County of Clarfielcl, State of Colorado; said paicel bei¡g
more particularly described as follorvs:
Cotnmencing at the northeast corner of said section 4, a BLM atumint¡m cap in place, the
Point of Bçqinning; thence sl6o3g'55"w 2lT.3t feet thence s27o00,3z.w 277-,20 feet:
therrce s48ol l'02"w 452,97 feet; thence N8go49,27,'w 293.53 feet; thence along the arc
of a curve to the right havitrg a radius of 200.0û feet ancl a central angle of 54"02;08,', a
distance of 188.62 (chold bears N62o47'zz'w ls I .Tl feet); thence ñ35o45'36"w g,96
feet; thence along the arc of a non-tangent curve to the right having a radigs of 330,00
ftl-"1¿ a central angle of 17032'sg",a disrance of l0l,0g feet (clùrd bears
s57o47'34"w 100.68 feet); thence s10"53'01"8 l06.92 feet; thence Ng9o46,sO',w
?!5.66 feet to a point o¡ lly easterly boundary of that propefty described in Reception
No. 462 I 34 of the Garfield County Clerk arrd Recordei''s bffi"e; thence N00" I B'¡4"W
1!91q s.aid easterly boundaLy 336.70 feet; thence continuing along said easterly boundary
N89'51'49"8 2ß.4A feet; thence continuing along said eaiterly boundary N¡b"l6'4g"W
489.84 feet to a point
9r1 the northerly boundary of said sectioli4; thenceïlong saicl
rrortherly boundaLy S89049'20"8 1127,68 feet to the true po_int of beginning; Jaid parcel
containing 17,809 acrcs, nlore or less.
County of Garfiçld
State of Colorado
QullClnin Þeed
Page 2
ll/hen recorded, please rc\il,'n to:
Beattie, Chu¿lwick & Houpt, IJ,p
932 Cooper Ávenue
Glemvood Springs, CO 8löAt
Exhibit 3A - Statement of Authority
OONFüRMËÞ
GOPV
STATEMENT OF AUTHORITY
NAME-OF ENT¡TY: The name of the entity to which this Statement relates is
Berkeley Family LLLP.
TYPE OF ENTITY: The entity is a Limited Liability Limited Partnership formed under the
laws of the State of Colorado.
MA|L|NG ADDRES$: The mailing address for the entity is 3961 County Road 14,
Glenwood Springs, Colorado 81601.
AUTHORIZED PERSON: The name and position of the person authorized to execute
instruments conveying, encumbering or othenruise affecting title to real property on behalf
of the entity is follows:
Name Position
General PartnerMiriam M. Berkeley
LIMITATIONS: None
?q,äif,i,{#:ff HlÏiärdffrih
h¡ *nt "r rr rt I
4tuDated this day of
STATE OF COLORADO )
) ss-
couNTY oF GARFIELD )
T foregoi instrument was
this day of
Berkeley Family LLLP
WITNESS my hand and
My Commission expires
2009.
Miriam M. Berkeley, General
subscribed, sworn to and acknowledged before me
2009, by Miriam M. Berkeley as General Partner of
official seal7-11-L*
ry Public
AiIer recorditrg retunì tÒ:
(, \rh{lc¡rdrùvx\sf\lr
^rr
fl¡ Íni
N
823 Blake Ave., Ste, 202, GlenwoorÌ Springs, CO 81601
Exhibit 3b - Authorization Letter
Felrruary 25,2019
Garlielcl County Comnrttnity Development Departnlerlt
108 8th Street, Suite 401
Glenrvoocl Sprirrgs. CO 81601
Re: Autho¡'ization to RePresent
'lo Whonl it May Concern:
By this letter, Berkeley Family Linrited Liability Limitecl Pârtnet'slìip hereby authorize TG Malloy
Ctnsulting, LLC to represent us in matlers related to the land use application for the Lake Springs llanch
pl,JD Subclivision Iocated in Carfielcl County. This authorization includes the preparation and sulr¡ltissiott
olclocunrents associated rvith the lancl irse application arrd represetrtation of this application before the
applicatrle appointecl and elected boards. We are seekirrg a ntodificatiott to condition number three of thc
råsolution giânting fi¡al plat approval fol Filing 2 of the Lake Springs Ranch PUD (Resoltrtion 2018-31)
from Carfield County at tltis tirne.
Sincerely,
Bcrkeley Fanrily Limited Liability Limited Partnership
^ ú^(*J Pr¿*n
Mi Berkeley, General
cc: Tim Matloy
Exhibit 4
PAYMENT AGREEMENT FORM
GARË|ËLDcoUNTY("coUNTY")andPropertyowner("APPLlCANT")
Berkeley Family LLLP
agree as follows:
GørJield Cor,urtY
Request for
as submitted to th na na
The Applicant understands and agrees that Garfield county Resolution No. 2014-60, as
amended, establishes a fee schedule for each type applîcation, and the guidelines for the
administration of the fee structure.
The Applicant and the County agree that because of the size, nature or scope of the
proposed project, it is not possible at this t¡me to ascertain the full extent of the costs
involved in processing the application. The Applicant agrees to make payment of the Base
Fee, established for the project, and to thereafter permit additional costs to be billed to the
Applicant, The Applicant agrees to make additional payments upon notification by the
County, when they are necessary, as costs are incurred'
The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the
consideration of an application or additional County staff time or expense not covered by
the Base Fee. lf actual recorded costs exceed the initial Base Fee, the Applicant shall pay
additional billings to the County to reimburse the County for the processing of the Project.
The Applicant acknowledges that all billing shall be paid prior to the final consideration by
the County of any Land Use Change or Dívision of Land.
I hereby agree to pay all fees related to this application:
Billing contact Person .Miriam Berkeley Phone: (970)945-5432
Billing contacrAddress; 4001 County Road 114
City Glenwood Springs state: CO Zip code:81 601
Billing Contact Email mac¡ berkel ey(Ðg ma¡ l. com
The Applicant h
modification of condition #3
e County an apPli
of the resolutio the Fil
cation for the followi P1
2
3
4
Printed Name of Person Authorized to Sign Miriam Berkeley
J .J5-n
{Signature)(Date)
lil I Hrrfi$ Fill lll{ Fl,lil¡l illlHFl,l}{l liùh lT¡fT¡ I ll IReccption*: få07822
ø61ø4l2O1A 93:31 :3fl PlY4 J€ån Êlb6riooI of 7 Reo Fcc;$0.0@ Doo Fee:0.06 GÊFFIELD C0UNTY C0
Exh¡b¡t 5
STATE OF COLORADO
County of Garfield
)
)ss
)
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Garfi;ld County Administration Building, 108 8th Street, Glenwood
Springs on Monday, the 21tt day of May, 2018, there were present:
Tnhn Commissioner Chairman
Commissioner
Commissioner
County Manager
County Attorney
Assistant County Attorney
Clerk ofthe Board
lr¡fit¿e
Tntrr
I{errin ol¿lar
Tqri \I/ill
Ifallw
ll"qn  lahcpnfl
when the following proceedingso among others were had and done, to-wit:
RESoLUTT ox xo. ållf " 3 I .
A RESOLUTION CONCERNED \MITH THE APPROVAL OF A FINAL PLAT FOR
THE LAKE SPRINGS RA}.ICH FILING 2 LOCATED AT 396I COUNTY ROAD 114
SOUTHEAST OF GLENWOOD SPRINGS OFF OF COTJNTY ROAD 114,
GARFIELD COUNTY
PARCEL NO. 2187334001 06
Recitals
A. Garñeld County is a legal and political subdivision of the State of Colorado for
which the Board of County Commissioners (Board).is authorized to act.
B. On the 11ú day of April, 2016, the Board approved an amended PUD and
Preliminary Plan for Lakes Springs Ranch memorialized under Resolution 20 16-35 (Reception
Number *O6OO). The Applicant had a period of one year to satisfu conditions of approval
and submit atecbnically complete final plat application for Filing 2.
C. The Applicant submitted a request for a one-year Preliminary Plan extension, to
allow for an additional period of time for the Applicant to file a technically complete Final Plat
for Filing 2.
D. On April 3, 2017 the Board granted a Preliminary Plan extension allowing the
Applicant to file á technically complete final plat application by April I 1, 20I 8. This extension
is memorialized as Resolution 2017'17 (ReceptionNumber 891093).
7
llll t¡rrriFfült{rt Hrffû ll{ilt'ti¡trtul1*hlt Id I Il IReceptlon$: 9,ø75.22ø61ø4lmlg 03:tl:39 Pfl Jean Alb¡rico2 0f 7 Rcc Fee:$0.00 Doo F€ô;0.00 GÊRFIELD CotffÎy co
E. On April 10, 2018 the Applicant filed a technically complete final plat
application for Filing 2 ofthe Lake Springs Ranch PUD and Preliminary Plan.
H. In accordance with the Garfield County Land Use and Development Code of
2013, ås amended, aud the Amended Preliminary Plan apgoval granted for the Lake
Springs Ranch PUD subdivision, the Applicant filed a request for a final plat for Filing 2.
I. The Board of County Commissioners opened a publio meeting on the 21't day of
Ivlay, 2018, for consideration of whether the proposed Filing 2 finat plat should be
appioved, approved with conditions, or denied. During said meeting the public and
inferested pätsotrr were given the opportunity to express their opinions regarding the
request.
J. The Board of County Commissioners-closed the public meeting on the 21*t day
of May,2018, to make afinal decision
K. The Board of County Commissioners on the basis of zubstantíal competent
evidence produced at the aforementioned hearing, has made the following determinations
of fact:
1. The meeting before the Board of Couuty Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that
all interested parties were heard at that meeting-
Z. That for the above stâted and other reasons the proposed final plat is in the
best interest ofthe health, safety, convenience, order, prosperity and welfare
of the citizens of Garfield CountY.
3. That the application is in general sonformance with the 2030
Comprehensive Plan, as amended.
4, That the application is in general conformance with the Garfield Cormty
Land Use and Ðevelopment Code of 2013, as amended.
Resolution
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of Garfield County, Colorado, that:
A. The forgoing Recitals are incorporatedby this reference as part of the resolution.
B. The approvals and conditions contained in Resolution 2016-35 remain in full force
and eifect except as amended herein by the Board of County Commissioners'
?{#-írå#iffiåil#l i#l,üj
ttrt !þI-* rr il I
C. The final plat for Filing 2 of Lalie Sprihgs Ranch PUD is hereby approved subject
to compliance with the following conditions:
Conditions Prior to Sienature of the Plat
l. The Applicant has 90 days within which to satisff applicable conditions of approval
and provide the following documentation for BOCC signature and recordation:
r. A plat Mylar with signed Certificaæs that include Dedication and Ownership,
Title, Taxes, Surveyor, and any mortgagees.
b. The following amendments shall be made to the plat prior to obtaining
signatures. This updated plat shall be provided to and reviewed by the
Cımmunity Development Department and the County Surveyor prior to creating
a Mylar copy ofthe plat and obtaining any signatures-
i. The name and address of the surface owner and mineral owners shall be
shovin on the plat.
ii. The vicinity map shall depict the location of Filing 2 in the context of the
approved PreliminarY Plan.
iii. The "Typical Building Setbacks* t¿ble shall be removed from the plat.
iv. The County Commissioners Certificate shall be updated to match current
fonn.
v. A line to fill in the Book and Page for the proposed Codes Covenånts ând
Reshictions shall be addod to the plat-
ví. The building areas within each lot shall be identified as Building
Envelopes.
vii. The Holy Cross Right of Way Easement shall be identified as "Vacated",
not "To Be Vacated".
viii. The Reception Numbers shall be fïlled in for the 20' Wide Holy Cross
Energy Electrio Easement; 60' wide Private Access, utility and
Maintenance Easement; aod Temporary Emergency Access, Utility,
Drainage and Right-of-Way Easement.
ix. The building envelope for Lot 3 shall be expanded to include the stn¡cture
identifîed as "Building #9- within the submitted Historical Survey
conducted by Reid Architests in 2016.
x. Provide a reception number for the Spring Valley Sanitation District
Easement. Also, the lots and subsequent building envelopes affected by
this easement shall be better defined in order to recreate them on the
ground.
xi. Identifr monuments found or set along the Filing 2 boundary.
xii. Provide a tie from the Center % Section 33 to the nearest conservation
parcel corner.
c. Recording Fees.
lll fl rrf ï!frIlltrl llh tr{,l t itlH trt¡Ijll*,l dt,I,¡l ll ll IReception$; Eø75¡?f¿
861ø412ø18 0ð:31¡39 PM Jc¡n ßlberlco4 of 7 Rêo Feå:gO.øø Doo F¡e:o.Oo cfiliFIELD couNTy co
Z. prior to the BOCC signatrue on the Pla! the Applicant shall complete the
Subdivision Improvements Agreement (SIA). The SIA shall be in final completed
fomr prior to icheduling the document for Board signature. The SIA shall be
teviewed and acceptea Uy ttre Cotrnty Attomey's Office and Community
Development Deparhnent, \ilith all edits completed and the SIA signed by the
propsrty owter, prior to scheduling the SIA and Mylar plat for siguatrue with the
Èoår¿.'e¿its *,at shult be made to the SIA include, but are not limited to, the
following:
a. The SIA shall be modified to state that the security required under the SIA for
Lake Springs Ranch Filing 2 shall be held by the County in its entirety-until the
Final Plat fãr Filing 1 is vacated. tn addition" should all or a portion of Filing 2
be encr¡rrrbered byã conservation easement prior to satisfaction and release of
the Lake Spring Ranch Filing 2 Secwþ as required by the SIA, thgn all
conservation easement encumbered residential lots within Filing 2 shall also be
vacated.
b. The SIA shall be modified to indicatc that any developmentfees to be refunded
or forwarded to cover futurc development fees shall be based on their individual
cirsumstânces and requirements at the subsequent final plat filing. The
refrrnding or forwarding of any development fees to future filings shall be at the
discretion of the Board of County Commissioners and, in the casc of impact
fees, the receiving entitY.
c. The SIA shall be amended to require that prior to consfuction the Applicant
shatl obtain a Notice to Proceed from the Colorado De'parùment of
Transportation (CDOT) for the ascess of County Road 114 onto State Highway
82. I; addition, The SIA cost estimate shall be modified to include the
improvements required by the CDOT access permit at Highway 82.
3. Prior to the BOCC signature on the Plat, the Applicant shall complete the Affordable
Housing Agreement (*n). The AIIA shall be in final completed form prior to
scheduùng the docurnent for Board signahue. The AHA shall be reviewed and
accepted by the County Attomey's Office, the Garfield County Housing Authority
(GC|IÐ and Community Development Departrient, with all edits completed and
ìienrd úy the property ó*ou. anã the GCHA, prior to scheduling the AHA and
fufll* plat for signature with the Board. The following amendments to the AIIA
shall be made:
a. The AHA shall be modified to require that the unit be deed restricted and
become available as an affordable housing unit at ths time that grading begins
on Filing 2;
b. The AHA shall be modified to the satisfaction of the GCHA to provide a date
when the hterim rental affordable unit will terminate and the availability of the
permanent for sale mit will begin;
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â'"f?"?åfl'åîiå¡:iä?Fr."';åi,å:ãE'ååFF'ELDcouNTyco
c. The AHA shall be modified to require that prior to recording of the deed
restriction for the interim affordable rental unit, the properfy ou,ner shall enter
into an Affordabte Housing Management Agreement with ttre Garfield County
Housing AuthoritY;
d. The AHA shall address how maintenance and snow removal will be managed
for the interim rental uniü and
e. The AHA shall address inspection of the unit by Ga¡fietd County and/or the
GCHA for compliance with building code standards and HUD-specified
Housing Quality Standards.
4. prior to the BOCC signature on the Plat, the Applicant shall conduct an appraisal of
the lots to be utilized for secwity purposes under the SIA. In addition, the Applicant
shall provide any necessary additional security in orderto meet the requirements of
the Land Use and Development Code, as amended. The SIA shall be updated to
reflect the proposed secwity. The SIA and secrxity documents shall be reviewed and
accepted ïy the County Attorney's Office and Community Development
Deparfinent prior to scheduling the Mylar Plat for signature with the Board'
5. Prior to the BOCC signature on the Plat, the Applícant shall remove reference in all
applicable documenti and plats to the prohibition on the filing of frrnre final plats
as a form of security.
6, prior to the BOCC signature on the Plat, the Applicant shall obtain an access permit
for Filing 2 ûo accesstounty Road 114. A copy of the approved access permit shall
be submitted and accepted by the Community Development Deparftnent.
7. prior to the BOCC signature on the Plat, the Applicant shall obtain the final National
pollurant Discharge Elimination System Permit (NPDES) and air pollution permits
fiom CDPIIE. Th"*" permits shall be submitted and accepted by the Community
Development DePartment.
L prior to the BOCC signature on the PIat, the Applicant shall provide evide¡ce that
the Carbondale Fire Protection Dishict Impact Fee has been paid in full. The total
amount of this impact fee shall be determined by the Carbondale Fire Protection
District.
9. prior to the BOCC signature on the Plat, the Applicant shall provide the following
regmding noxious weeds, weed management, and revegetation security. These
do-cum*ts shalt be reviewed and accepted by the Garfield County Communþ
Development Department and the Garfield County Vegetation Management
Department
llll lilþlJlllúf ',!l,lll{'/,fütl ldflìlüttlr}'l{lh hü[IrÛ' tl ll I
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g,t [?''1iil3 P3¿? å¿ ?t
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Ë:!' I I äã " åËÊF r ELD cou Nry 00
a. The Applicant shall provide a noxious weed inventory and / or map for all
Garfield County listed noxious weeds, including Russian-olive;
b. The Applicant shall provide a weed management plan that will address the
treatment of any noxious weeds identified on the site by September 30' 2018;
ârid,
c. The Applicant shall provide a revegetation security in the amount of $22,500
(9 acres of disnrbance ìr $2,500). The security shall be included inthe overall
iecurity a¡nount and Summary of Engineer's Estimated Probably Preliminary
Construction Cost for Filing 2. The secwity shall be held by Garfield County
rurtil vegetation has been successfully reestablished according to the
Reclamation Standards section in the Garfield County \Meed Management Plan.
The Reslamation St¿ndards at the date of permit issuance are cited in Sections
4.06,4,07 and 4.08 ofthe Garfield County Weed Management Plan (Resolution
#16-12).
10. Prior to the BOCC signatue on the Plat, the Applicant shall provide the following
information regarding the proposed affordable housing unit.
â. A water quantity test for the water source serving the affordable housing unit
conducted in conforrrance with Soction 4-203(MXlXbX5Xa); and
b. A water quallty test for the water source serving the affordable housing unit
conducted in conformance with Section 4-203(MXlXbX5Xc).
Ottrer Conditions
11. All representations of the Applicant within the application and public rneeting shall
be considered conditions of approval unless otherwise modified by the Board of
County Commissioners.
12. Road Impact Fees within Lake Springs Ranch Filing 2 shall be collected in
accordanıe with the County Land Use and Development Code of 2013, as amended'
13. The School Impact Fees as paid with take Springs Ranch Fiting I shall be ca¡ried
forward to covér the School Impact Fees required for Lake Springs Ranch Filing 2.
14. Prior to recording of the deed restriction for the interim affordable rental unit, the
property owner shall enter into an Affordable Housing Management Agreement with
îtt*-Cutn*t¿ County Housing Authority. At a minimurn, this Agreement shall
include the following:
lllli'4rflül+{_ry¡l$1lfi ll,b{iltiÄJl¡tl¡}f+hþrt\It.l,Iilf IReception#: 3ìø75i22
?" !? o' +'glï P3¿?l¿l8rÞB".tÊåi, â I äã"åÊH.
'ELD
couNry c0
^. Roles and responsibilities for managing the unit including maintenanse and
snow removal as well as enforcement of the Affordable Housing Management
Agreement; and
b. A lease that insures the residents of the unit meet the qualifications of Article I
of the Garfield County Land Use and Development Code.
Dated this f h day of A.D.2A tÊ
GARFIELD COIINTY BOARD OFATTEST:
ofthe Board
Upon motion duly made and
the following vote:
the
Aye
Aye
Aye
[, , County Clerk and ex-officio Clerk of the
Board of e County and State aforesaid, do hereby
certify that the annexed and foregoing Resolution is tnrly copied from the Records of the
Proceeding of the Board of County Commissioners for said Garfreld County, now in my
COMMIS MIKE SAMSON
¡rlliifl.ÍIq 'nñì,t r^\rL
STATE OF COLORADO
County of Garfield
offïce.
IN \¡yITNESS WHEREOF, I have hereunto set my hand and affïxed the seal of said
Counff, at Glenwood Springs, this ".------ day of
-'
A.D.20_.
)
)ss
)
EALs
was
County Clerk and ex-offìcio Clerk of the Board of County Commissioners
Gørfi,eld CountY
Exhibit 6
Community l)evelopment Ilepartment
108 8th Streef, Suite 401
Glenwood SPrings, CO 81601
Q7Ð 94s-8212
TAX PARCEL NUMBER: 2187-334-00-106 DATE: Updated 6/6/19
AppLlcATloN: Amendment to conditions of Approval, Final Plat for Lake springs Ranch
Filing No' 2
OWNER: BerkleY FamilY LLLP
PLANNER REPRESENTATIVE: Tim Malloy, TGMC Consultants
PRACTICAL LOCATION: Southeast of Glenwood springs, at 3961 County Road 114'
TypE oF APPLIGAT|ON: Finat ptat - substantial Modification to conditions of Approval
ZONING: PUD
I. GENERAL PROJECT DESCR¡PTION
The Applicant is considering proposing a modification to the Conditions of Approval
contained in Resolution No. zótg-gt, a Resolution Approving with Conditions the Final Plat
toì È¡¡¡ng 2 of the tãre Sprlngs Ranch Subdivision. The modification would be to Condition
*á, redrding the Ãtroroa'¡le Éousing Agreement and the requirement that the agreement.be
,,reviewed ano accÀptàd by the cóuñty Attorney's_office, the Garfield county Housing
nutnor¡tv (GCHA)
"nb
tn" iommunity Dãvebpment Department ...." The issue in question
is obtaining approval of the draft agreement by the GCHA'
By definition a change to a condition of approval is considered a substantial modification and
Ëqu¡r"r resubmittal-of a new application.
-However,
the Director can determine the submiftal
,ã,iù¡rem"nts which in this case are anticipated to fo9u9 primarily on the status of conditions
of äppiou"l and the proposed changes to the Affordable Housing Agreement'
II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
r Garfield County Comprehensive Plan 2030
PRE-APPLICATION
CONFERENCE SUMMARY
r Garfield County Land Use and Development Code, as amendedo Table 5-103 Common Review Procedures and Required Notice. Section 5-302 (D) Final Plan/Plat Review. Table 5401 Application Submittal Requirementsr Section 4-402 (E) & (F) Final Plan Map and final Plat. Applicable provisions from Article 7, Standards and Section 4-106 Amendments to an
Approved Land Use Change Permit
III. REVIEW PROCESS
The process will address the standard procedures for Final Plat Review.
1. Pre-application Conference (completed).
2. Determination by the Director has been made thatthe reguesf rs a Subsfantial Modification
3. Submittal of a Final Plat Application in compliance with submittals lrsfed in the Prc-
Application meeting summary as determined by the Director.
4. Dete¡mination of Completeness and submittalof additional information as needed.
5. Submittal of additìonal copies (4) of the Application for Board of County Commissioners.
6. Schedule the date for the Board of County Commissioners considerction of the request at
a public meeting (no notíce is rcquired).
7. Board of County Commissioners review at a public meeting and including Board action for
approval, approvalwith conditions or denial.
8. Documentation of the Board's action by resalution and updating and recording of the
revi sedla me n ded doc u ments.
9. Confirmation of completion of all required conditions of approval and submiftal of a Final
Platfor recording in accotdance with required time limits or extensions thereof.
IV. SUBMITTAL REQUIREMENTS
ln accordance with Section 4-106, the Director shall determine the submittal requirements
for substantial amendments. Based on the nature of the request the submittal requirements
shall be focused on basic application materials, the status of conditions of approval and the
proposed changes to the Affordable Housing Agreement as outlined below.
ü General Application Materials (application forms, agreement to pay form, Statement of
Authority for Trusts, corporations or LLC's, authorization to represent, and payment of
fees).
U Evídence of ownership such as a deed for the property and title work if available.
tr Narrative description of the proposed changes to the condition of approval regarding the
Affordable Housing Agreement and efforts made to obtain GCHA approval.
D Copy of the Existing Resolution of Approval No. 2018-31.
I Updated information on the status of the Final Plat Conditions of Approval including but
not limited to any required documents (your recent correspondence and attachments
would work well).
tJ Final Plan, Final Plat or other reports if there have been any changes since the original
Final Plat review.
2
The Application submittals needs to include 3 hard copies of the entire Application and.1.
Digitat'Ëor copy ãn a CD or USB Stick. Both the paper and digital copies should be split
into individual sections. please refer to the pre-application summary for submittal
requirements that are appropriate for your Application'
V. APPLICATION REVIEW
a. Review by: Staff for completeness recommendation and referral agencies for
additional technical review
b. Public Hearing:
-
Director's Decision (with notice - not a public hearing)
-
Planning CommissionT Board ol County Commissioners (public meeting only)
-
Board of Adjustment
May inctude but are not limited to County Attorney and Garfield
County Housing AuthoritY.
c. Referral Agencies
VI. APPLICATION REVIEW FEES
a. Planning Review Fees: $ 200 Final PlatApplication Fee
b. Referral Agency Fees: $ TBD - Consulting engineer/civil engineer fees
c. Total Deposit g 200 (additional hours are billed at $40.50 /hour)
VII. GENERALAPPLICATIONPROCESSING
The foregoing summary ís advisory in nature only and is not binding on the County' The
.urr"./is bãsed on cúnent zoning, which is subject to change in the future, and upon factual
i"pr"r"nt"tions that may or may n-ot be accurate. This summary does not create a legal or
vested right. rne sumniary is vätio for a six month period, after which an update should_be
,"qr"it"ã. The nppíicãnt is advised that the Application submittal once accepted by the
county becomes öù¡li" information and will be available (including electronically) for,review
by the'public. proói¡eiary information can be redacted from documents prior to submittal.
Pre-application Summarv Prepared bv:
(,"1
Glenn Hartmann
Principal Planner
3
Section 5-302 Major Subdivision
Gørfuld Coanfit
Mafor Subdivlsfon Proccss
(Sectlon 5-302)
.Appl¡cant has 6 monthsto submit applicrtion
Sketch Plen Prclimlnary Plan
(oDtfmrl)
I
o10 businsss d¡ys to
r¡vi¡r¡u
.lf incomplgt¡, 60 daysto
.20 buslncss days to
rcvlew
.lf inconìplctr,60 daç
dgfici¡ncias to deficisncics
Final Plan/Plat
Mu3t b. ¡ubmftl.d wnhln
onc ycr of-PPÁpprovCt
o
-go,
Eu(J
r
Ë
Et¡
=
E
co
E
Fl
q,go
E
*,o
ÉL
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a,Ð
-cCI
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î
E
E¡rJø!t
Ê
ao
E
út
-ÞtO
E
E
ra
e
CIo4
ËH
a
revlcw
'lf inoomplete,6O days
to remedy dcflclcnclcs
oConduct concgptu¡l
review prcviding
nonbinding comments
¡nd racomm¡ndrtions
.Published, posted¡ and
mailed to rdjacrnt
property ownerswithin
200fBet end mlneral
owncni, at least30 days
br¡t no mor¡ than 60
days priorto PC
c/l commênt
.Published, postcd, and
rnailed to adjacent
property ownerswith¡n
200fret and mincøf
owners, at least 30 days
but no more than 61,
days priorto BOCC
hearlng
4
Stell 1 : Pre-¿llplÍcation Conference
Step 2: Application
Submittal
Step 2: Applicatíon
Sul)mîttal Step 2:ApplÍcation
Su bln¡ttðl
Step 1 : (^iltrr¡rlêtÊtìe(s
l{evrew
Stell .l; Lolrì tJlcti:tte'',s
Review Step l: Lollìl)l{¡teness
Revíew
Ste¡r 4: Ílvalrraf ion hY
Dírect or
Step 4: Sch edu le
Hearing and Provide
Notíce Ste p 4: Schedu le
Pu blic Meeting
Step 5: Planning
Conrnrission Review Step 5r lvaluatÍon by
D irector
Sle¡r 6: BOCC Decision
Step 5: Referral
Ste¡.r 6: [va luation by
D i recto r
Step 8: Scheclule
Hearing and ProvÍde
Notice
Step 9: BCICC Decision
Exhibit 7
AF'FORDABLE HOUSING PLAN AND AGREEMENT
Lake Springs Ranch PUD
THIS AFFORDABLE HOUSING PLAN AND AGREEMENT ("Agreement") is made
and entered into this daY of 281Ð13, by and between THE
BERKELEY FAMILY LLLP, a Colorado limited liability limited partnership ("Owner"), the
GARFIELD COLTNTY HOUSING AUTHORITY ("GCHA''), arrd the BOARD OF COTINTY
COMMISSIONERS OF GARFIELD COUNTY COLORADO ("BOCC").
RECITALS
A. Owner owns certain real property in Garfield County, Colorado that is legally described
in the Planned Unit Development and Preliminary Plan approvals from the BOCC for the Lake
Springs Ranch PUD, as amended (the "PUD"), under the provisions of the Garfield County
Land Use and Development Code, as amended ("LUDC"), Resolution 2016-35 recorded at
reception number 876660 of the real estate records of the Garfield County Clerk and Recorder
and incorporated by this reference ("Development Approvals").
B. The Development Approvals require Owner to make available f,or--sal.e-twelve (12)
affordable housing ("4H") units pursuant to Division 3 of Article 8 of the LUDC.
C. The Final Plat for Filing 2 of the PUD must be approved pursuant to the LUDC.
D. Article 8 of the LUDC shall govern the AH units, including but not limited to the
quantity,size,sale'-andre-saleandrentoftheunits,tobe@bytheowner,
or its successors or assigns, in the PUD.
E. This Agreement has been submitted by Owner and reviewed by the GCHA and the
BOCC as part of the Final Plat Application for iiülg2¡f the PUD.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Location of AH Units. The twelve (12) AH units shall be located as set forth on the
Final Plat recorded at reception number of the records of the Garfield County
Clerk and Recorder and incorporated by this reference'
2. Mix of AH Units. The number and mix of AH units has been calculated pursuant to
Sections 8-102 and 8-301(A) and (B), LUDC, and is as follows:
1 Bedroom Townhouse Units - 4 @700sf each (minimum)
2 Bedroom Townhouse Units - 7 @950sf each (minimum)
3 Bedroom Townhouse Units - | @ l,200sf each (minimum)
The proposed units will be a mix of one and two-story townhomes depending on the
bedroom count. The lot size for each unit will be equivalent to the footprint of the building.
Each unit owner will be a member of the Lake Springs Ranch Homeowners Association and will
have access to the amenities associated with common area of the PUD, as provided for in the
Declaration of Covenants, Conditions, Restrictions and Easements (the "Covenants") for the
D:\Users\TGM\Project Files\Berkeley LSR\Filing 2 Final Plat 2016\Application\Filing 2 Affordable Housing Plan.docx
PUD, as amended. The units will be built with exterior materials reflecting the character of the
free-market homes within the PLID as clefîned in the Covenants and the PUD Guidelines for the
PUD. Covered parking çquivalent to one space per unit will also he provicled, Aclclitional on-site
surface parking will also be provided in an amount equivalent to one space per dwelling unit plus
one-half space per unit for guest parking.
3. Schedule for Construction and Comnletion. The schedule for construction and
completion of the AH units in relation to the construction and completion of the overall
development is as follows:
The project is intended to be constructed in five filings (excluding the conserved area which
constitutes Filing 1), as shown on the Phasing Plan included in the Final Plat submission. The
proposed affordable housing units will be constructed in accordance with the following schedule
Filing 2: 14 Free-market Lots x I}Yo: I AH Unit (.see Para 9 below re: interim unit)
Filing 3: 27 Free-market Lots x l\Yo = 3 AH Units
Filing 4: 20 Free-market Lots x l\Yo: 2 AH Units
Filing 5: 37 Free-market Lots x 10Yo: 4 AH Units
Filing 6: 19 Free-market Lots (new) x l\Yo:2 AH Units
4. Catesories of AH units. The AH units are assigned the fbllowing categories pursuant to
8-302(A) of the LLIDC:
Category#1: 2 - l BedroomTownhomes
Category #2: 3 - 2 Bedroom Townhomes &,2 - I Bedroom Townhomes
Category#3: 4 -2BedroomTownhomes & 1- 3 BedroomTownhome
5. Deed Restriction. The initial deed restriction and agreement for these AH units has been
recorded as part ofthe Final Plat approval, at reception number of the real estate
records of the Garfield County Clerk and Recorder, incorporated by this reference.
6. Securitv. Security for construction of these units is incorporated in the Improvements
Agreement for the PUD and Subdivision, recorded at reception number of the records of the
Garfield county clerk and Recorder and incorporated by this reference.
1. AH Guidelines. 'l'he A|brdable Housing Guidelines (Guidelines) set forth in Division 4
of Article VIII of the LUDC, as amended, shall apply to the AH units.The GCHA is responsible
Di T.
accordance with the Guidelines.
8. Homeowner Association Dues. Homeowner Association ("HOA") dues for AH units
shall' be prorated as cornpared to HOA clucs owed by market rate lot owners. HOA clues lor AH
units shall be prorated by either average lot size or average unit size in comparison to market rate
rk
D:\Users\TGM\Project Files\Berkeley LSR\Filing 2 Final Plat 2016\Application\Filing 2 Affordable Housing plan.docx
lots and/or units, whichever results in the lower cost for the AH units, or by a formula proposed
by the applicant and approved by the GCHA and the BOCC. If prorated HOA dues are not
possible, then the HOA dues for AH units shall be a maximum of 75 percent of the HOA dues
owed by market rate unit owners.
for
not
be
for-The
housins unit to Article VIII of the liDC. The interim unit will rented at the
2
The deed restriction for the cabin will be executed at the time of building permit submission for
the first lot to be developed in Filing 2.
Pursuant to Section 8-201.4.7 of the LUDC. this paragraph includes additional guidelines to
o.l.l-oo" rlafailo S^- +L'- ^.l'*iniofrafi^- on.l nn-^^:*- ^ç€^-.1-l.ilì+.' f^. rha *^-+^l ,,-i+
8 the
follows: the maxirrum rental period will be 1 )¡ear. In addition. the lease for the interim unit will
the i ld be
II
rate will not be allowed to be raised during the initial lease period. The rental rate may be raised
ren
Boulder-Greeley area.
gtO. tvto¿incatíons. This Agreement may be amended only with the approval and
written consent of all parties hereto.
IN \ryITNESS WHEREOF, the parties have executed this Agreement as of the day and year
first above written.
D:\Users\TGM\Pro.ject Files\Berkeley LSR\Filing 2 Final Plat 2016\Application\Filing 2 Affìrrdable Housing Plan.docx
ATTEST:
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
By:
Chairman
Date
OWNER
BERKELEY FAMILY LLLP
By:
Miriam Berkeley, General Partner
Date:
Clerk to the Board
STA,TE OF )
)ss
COLINTY OF ì
Subscribed and swom to before me this _ day of
Miriam Berkeley, as General Partner for the Berkeley Family
limited partnership.
LLLP, a Colorado I
20*520!8, by
imited liability
WITNESS my hand and offioial seal
Notary Public
GARFIELD COUNTY HOUSING
AUTHORITY
By:
Authorized Signatory
Date:
STATE OF
)ss
COUNTY OF
Subscribecl and swom to before me this _ day of 2Sr52Q_l t, by
:ffii!.ff sisratorv ror the Garfield county
DlUsers\TGM\Project Files\Berkeley LSR\Filing 2 Final Plat 2016\Application\Filing 2 Aftordable Housing plan.docx
WITNESS my hand and official seal
Notary Public
D:\Users\1'GM\Projecr Files\Berkeley LSR\Filing 2 Final Plat 2016\Application\Filing 2 Affordable Housing Plan.docx
Exhibit I
AFFORDABLE HOUSING PLAN AND AGREEMENT
Lake Springs Ranch PUD
THIS AFFORDABLE HOUSING PLAN AND AGREEMENT ("Agreement") is made
and entered into this
-
daY of 2018, by and between THE
ted partnership ("Owner"), theBERKELEY FAMILY LLLP, a Colorado limited liability limi
6ARFIELD COI-INTY HOUSING AUTHORITY ("GCHA"), and the BOARD OF COUNTY
COMMISSIONERS OF GARFIELD COLINTY COLORADO ("BOCC").
RECITALS
A. Owner owns ceftain real property in Garfield County, Colorado that is legally described in
the Planned Unit Development and Preliminary Plan approvals from the BOCC for the Lake
Springs Ranch PUD, as amended (the "PUD"), under the provisions of the Garfield County Land
Use and Development Code, as amended ("LUDC"), Resolution 2016-35 recorded at reception
number 876660 of the real estate records of the Garfield County Clerk and Recorder and
incorporated by this reference ("Preliminary Plan Approvals").
B. The Preliminary Plan Approvals require Owner to make available twelve (12) affordable
housing ("4H") units pursuant to Division 3 of Article 8 of the LUDC. The Filing 2 final plat
includes 14 residential lots, which under the provisions of Division 3 of Article I of the LUDC,
requires the provision of one (1) AH unit.
C. The Final Plat for Filing 2 of the PUD was approved pursuant to the LUDC on May 21,
2018 by the BOCC pending signature and recordation of the final plat mylar and several other
supporting documents, including this Affordable Housing Agreement. The Filing 2 final plat
approvals are memorialized in BOCC Resolution Nos. 2018-31 at reception number 907522.
D. Article I of the LUDC shall govem the AH units, including but not limited to the quantity,
size, sale, re-sale and rent of the units, to be provided by the Owner, or its successors or assigns,
in the PUD.
E. A draft of this Agreement was submitted by Owner and reviewed by the GCHA and the
BOCC as part of the Final Plat Application for Filing 2 of the PUD. Condition three of
Resolution 2018-31 required certain amendments to this Affordable Housing Agreement which
have been incorporated herein.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the sufÍîciency of which is hereby acknowledged, the parties agree as follows:
1. Location of AH Units. The twelve (12) AH units shall be located on Tract A as set forth
on the Second Amendment to the Preliminary Plan of Lake Springs Ranch PUD recorded as
Exhibit B of BOCC Resolution No. 2016-35 at reception number 876660 of the records of the
Garfield County Clerk and Recorder and incorporated by this reference.
2. Mix of AH Units. The number and mix of AH units has been calculated pursuant to
Sections 8-102 and 8-301(A) and (B), LUDC, and is as follows:
1 Bedroom Townhouse Units - 4 @700sf each (minimum)
D:\Users\TGM\Project Files\Berkeley LSR\Filing 2 Final Plat 2016\Application\Filing 2 Affodable Housing Plan.docx
2 Bedroom Townhouse Units - 7 @ 950sf each (minimum)
3 Bedroorr Townhouse Units - I @ 1,200sf each (minirnurn)
The proposed units will be a mix of one and two-story townhomes depending on the bedroom
count. The lot size for each unit will be equivalent to the footprint of the building. Each unit
owner will be a member of the Lake Springs Ranch Homeowners Association and will have access
to the amenities associated with common area of the PUD, as provided for in the Declaration of
Covenants, Conditions, Restrictions and Easements (the "Covenants") for the PUD, as amended.
The units will be built with exterior materials reflecting the character of the free-market homes
within the PUD as defined in the Covenants and the PUD Guidelines for the PUD. Covered
parking equivalent to one space per unit will also be provided. Additional on-site surface parking
will also be provided in an amount equivalent to one space per dwelling unit plus one-half spacè
per unit for guest parking.
3. Schedule for Construction and Completion. The schedule for construction and
completion of the AH units in relation to the construction and completion of the overall
development is as follows:
The project is intencled to be constructed in five filings (excluding the conserved area which
constitutes Filing 1), as shown on the Phasing Plan included in the Final Plat submission. The
proposed AH units will be constructed in accordance with the following schedule:
Filing 2:
Filing 3:
Filing 4:
Filing 5:
Filing 6:
14 Free-market Lots x lrJYo = 1 AH unit (see Para 9 below re: interim unit)
27 Free-market Lots x IÙYo: 3 AH Units
20 Free-market Lots x l0%o = 2 AH Units
37 Free-market Lots x lïYo = 4 AH Units
19 Free-market Lots (new) x l\Yo = 2 AH Units
4. Catesories of AH units. The AH units are assigned the following categories pursuant to
8-302(A) of the LUDC:
Category #I: 2- 1 Bedroom Townhomes
Category #2: 3 - 2 Bedroom Townhomes &2 - I Bedroom Townhomes
Category #3: 4- 2 Bedroom Townhomes & 1 - 3 Bedroom Townhome
5. Deed Restriction. An initial deed restriction and agreement shall be executed by the
parties and recorded in the real property records of Garfield County, Colorado against the AH
Units prior to recording of the final plat for Filing 3; provided, however, that at the time of issuance
of the certifìcate of occupancy for an AH Unit, the deed restriction recorded against such AH Units
shall be amended, if necessary, to reflect any changes to the deed restriction that are approved by
the CCF{A. The original executetl and recorded deed restriction(s), including any amendmenis
thereto, shall be returned to GCHA subsequent to recordation. Each deed restriction for an AH
Unit shall be effective in perpetuity, subject to any early termination provisions provided for in the
deed restriction, or such shorter period of time agreed to in writing by the partiés.
6. Securitv. Security for construction of these units will be incorporated in the Subdivision
Improvements Agreement (SIA) of the applicable final plat beginning with Filing 3. No security
is needed for the interim unit associated with Filing 2 since the AH unit for this Filing will bê
D:\Users\TGM\Proìect Files\Berkele]¡ LSR\Filhg 2 Final Plar 2016\ApBliçAtiouEili¡g2 Affordable Howinq plan.docx
satisfied initially through the deed restriction of an existing unit located on the property. Security
for the permanent AH unit associated with Filing 2 will be incorporated in the SIA for Filing 3.
7. AH Guidetines. The Affordable Housing Guidelines (Guidelines) set forth in Division 4
of Article 8 of the LUDC, as amended, shall apply to the AH units. The GCHA is responsible for
administering many of the provisions under Division 4 of Article 8 of the LUDC and the Owner
agrees to cooperate with the GCHA as necessary to ensure compliance with the Guidelines. The
Owner will work in cooperation with the GCHA to complete the initial sale of the AH units within
the PUD and will provide the GCHA with necessary marketing materials at least 120 days prior to
the estimated completion of any AH units. The Owner will hold at least one open house prior to
the lottery for the sale of the units. The Owner understands and agrees that future resale of the
units will be handled by the GCHA in accordance with the Guidelines.
8. Homeowner Association Dues. Homeowner Association ("HOA") dues for AH units
shall be prorated as compared to HOA dues owed by market-rate lot owners. HOA dues for AH
units shall be prorated by either average lot size or average unit size in comparison to market rate
lots and/or units, whichever results in the lower cost for the AH units, or by a formula proposed
by the applicant and approved by the GCHA and the BOCC. If prorated HOA dues are not
possible, then the HOA dues for AH units shall be a maximum of 75 percent of the HOA dues
owed by market rate unit owners.
9. Interim Rental Unit for Filine 2. As an interim solution for providing the required AH
unit associated with Filing 2, the Owner will deed restrict an existing dwelling unit located on the
Lake Springs Ranch property, subject to an inspection of the unit by the Garfield County Building
Department and a finding that the unit meets building code requirements and is safe for occupancy.
This unit will hereafter be referred to as the Interim AH Unit. Pursuant to condition 3a of the
BOCC resolution approving the final plat for Filing 2 (Resolution No.2018-31 recorded at
Reception No.907522) the Interim AH Unit will be deed restricted and made available for rent at
the time grading begins on the Filing 2 infrastructure improvements. If, for any reason, Filing 2
is not developed, no AH unit will be required for Filing 2, and the lnterim AH Unit will not be
deed restricted. The deed restriction will specify that the Interim AH Unit can only be used as a
rental AH unit subject to the requirements and limitations of Article 8 of the LUDC and that
occupancy of the Interim AH Unit will be managed by the GCHA. The Owner will be responsible
for all other maintenance and repairs associated with the Interim AH Unit, including snow removal
for the driveway that provides access to the unit.
Prior to recording the deed restriction for the Interim AH Unit, the Owner will execute an
Affordable Housing Management Agreement (AHMA) with the GCHA. The AHMA will address
in more detail the roles and responsibilities for management of the Interim AH Unit, including
maintenance, snow removal and enforcement of all terms and conditions in the AHMA. The deed
restriction will include a provision stating that the restrictions on the Interim AH Unit will only be
lifted when a perïnanent replacement unit has been completed and is certified for occupancy by
Garfield County. Unless Filing 2 is not developed for any reason, in which case no AH unit will
be required for Filing 2,thepermanent replacement unit will be constructed during the development
of the next subdivision filing after Filing 2,which is cunently planned to be Filing 3.
The estimated schedule for construction and completion of the 12 AH units in relation to the
proposed construction and completion of the overall development is addressed in Section 3 of this
Agreement. While the exact date when Filing 3 will be developed is not yet known, so long as
D:\Users\TcM\hoject Files\Berkele]¡ LSR\Filing 2 Final Plat 2016\Anolication\Filing 2 A{ïbrdable Housing Plan.docx
Ëiling 2 is developed, the permanent AH unit tbr Filing 2 will be completed within 18 months of
ground breaking for the Filing 3 improvcments or by May 1,2023. whichever comes first.
The pertnanent unit will be a one-bedroom, for-sale townhome to be constructed on Tract A
of the PUD. The Interim AH Unit is a one-bedroom cabin, containing 600 square feet and meets
all requirements for an AH unit pursuant to Article I of the LUDC. The Interim z\H Unit will be
rented at the Category 2 level. The permanent unit will also be a Category 2 unit and will represent
one of the two Category 2 townhomes identified in Section 4 (Categories of AH Units) of this
Agreement.
Pursuant to Section 8-201.A.7 of the LUDC, this paragraph includes additional guidelines to
address details for the administration and on-going affordabilþ for the Interim AH Unit. Rental
of the Interim AH Unit will comply with Sections 8-404.C (2 through 5) and 8-404.E of the LUDC.
However, the lease term for the Interim AH Unit will differ from Section 8-404.C.4 as follows;
the maximum rental period will be I year. In addition, the lease for the Interim AH Unit will
include a provision clarifying that the lease can be terminated with 3-months' notice when the
permanent unit has been completed and approved for occupancy. The Owner may elect to continue
to rent the Interim AH Unit to the current occupant once the permanent unit has been approved for
occllpâncy and the decd restriction on the lnterim AH Unit has been lifted. However, the Ownor
would be under no obligation to do so and would no longer be bound by the limitations of Article
8 of the LUDC. The rental rate for the lnterim AH Unit will be set by the GCHA pursuant to the
considerations identified in Section 8-404.8 of the LUDC and input from the Owner. The rental
rate will not be allowed to be raised during the initial lease period. The rental rate may be raised
by the Owner when the lease is renewed but the increase may not exceed the annual percentage
change for rent of a primary residence based on the Consumer Price lndex for the Denver-Boulder-
Greeley area.
trO. ModifTcations. This Agreement may be amended only with the approval and written
consent of all parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year
fïrst above written.
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
ATTEST:
By:
Clerk to the Board Chairman
Date
OWNER
BERKELEY FAMILY LLLP
By:
D:\Users\TGM\Proiect Files\Berkelev LSR\Filing 2 Final Plat 2016\Apolication\Filinq 2 Affordable Housing plan.docx
Miriarn M. Berkeley, General Partner
Date:
STATE OF
)ss
COLINTY OF-)
Subscribed and sworn to before me this
-
day of 2018, by Miriam
Berkeley, as General Partner for the Berkeley Family LLLP, a Colorado limited liability limited
partnership.
WITNESS my hand and official seal'
Notary Public
GARFIELD COUNTY HOUSING
AUTHORITY
By:
Authorized Signatory
Date:
STATE OF
)ss
COUNTY OF
Subscribed and sworn to before me this
-
day of 2018, by
an authorized signatory for the Garfield County
Housing Authority, a Colorado quasi-governmental agency
TVITNESS my hand and official seal
Notary Public
)
D:\Users\TcM\hoiect Files\Berkeley LSR\Filing 2 Final Plat 2016\Apolication\Filing
rt
T
Exhibit 9
GARFIETD COUNTY HOUSING AUTHORITY
1430 RA¡LROAD AVENUE, UNIT F
RTFLE, CO 81650
(e70) 625 3589 or (888) 627'3s89 | Fax (e7ol 62s-o8se I TTY (800) 6s9-26s6
May 4,2018
TO: David Pesnichak, AICP
Senior Planner
Garfield County Community Development Department
RE: Lake Springs Ranch - Filing 2 Final Plat
Garfield County Housing Authority (GCHA) has reviewed the Lake Springs Ranch - Filing 2
Final Piat, for compliance with Ca¡field County's Affordable Housing (AH) requirements.
CCHA understands that the applicant is proposing to use an existing cabin on the propefty as an
interim solution to this requirement. The Authority has no objection to this interim solution in
order for the applicant to meet its obligation under the County's AH requirements, with the
following conditions:
l, That the Applicant provides a date certain when this interim solution will end, and the
required affordable housing unit becomes pennanent, This includes a statement which
includes he proposed or estimated schedule for construction and completion of the AH units
in relation to the proposed construction and cornpletion of the overall development, not just
Filing 2.
2. That the proposecl intedm solution, an existing cabin on the property, passes inspection by
both the Garfield County Building Department and the housing authority's HUD-specified
Housing Quality Standards'
3. That the Applicant addresses maintenance and snow rernoval for the proposed rental unit.
These policies and procedures should be included in an Affordable Housing Plan agleement
with GCHA.
4, That the Applicant enters into an AH management agreement with GCHA which clarifies the
roles and responsibilities for management of the unit, including not only maintenance and
snow removal, but also enforcement of the agrcement. Ttrc agrcemcnt will nced to includE a
leai¡e that insures the residents of the unit meet the qualifications of Article 8 of Garfield
County's Land Use Code. (Note: This agreement is only required for Filing 2 at this time.)
Thank you
rryarnlng: Section l00t of Title l8 of the United States Code, states that a person who knowingly
and willingly m¡kes false or fr¡udulent ståtemetrts to any department or agency of the United
Stntes is guilty of a felony. This institution is an equal opportunity provider and employer'6
Exhibit 10
BEAT-TIE, HOUPT & J,ARVIS, LLP
ATTORNEYS AND COUNSELORS AT LAW
932 CooPER AVENUE
GLËNWooÞ sPRtNGs, Co A l60 I
STEVEN M, ËITA1TIE
JEFFERSON V. HOUPT
RYAN M. JARVÍS
Februaty 13,2019
Garheld County Housing Authorily Boarcl of Comrnissioners
i430 Railroad Ave, Unit F
Rifle, CO 81650
TELEpHoNE (97O) 945'4659
FAcsrMrLE (97Oi 94É-867 I
WWI¡V.BHJLEGAL.COM
rydn@bhjlegøl,com
Sent by Email, Fax, ancl
Certified Mail,
Return Receipt Requested
Re: Grievance Pm"suant to LUDC 8-405
Dear Garfield County Housing Authority Board of Cornmissioners:
This Firm represents Bel{<eley Family LLP ("Berkeley"), who is seeking approval of a
final plat ÍLrr the Lake Springs Ranch Filing 2 located at 3961 County Road 114, A condition of
approval imposed by the Garfield County Board of Corurty Comrnissioners ("BOCC') requires
that an Affordable Housing Agleenrent ("AHA') be approved by the Community Development
Office, Attorney's Offrce, and the Housing Autholity ("GCI{A"). I(atherine Gazunis, acting on
behalf of GCHA, refuses to approve the draft AHA for reasons not supported by facts or the law.
Belkeley is filing this grievance puffiuant to LUDC 8-405 and respectfitlly requests that the
GCHA Board approve the AHA as drafted. Belkeley looks forward to the opportunity to discuss
this matter at the next GCHA Board hearing.
I Grounds for Complaint
a. The Facts
On May 2l,20|8,the BOCC entered Resolution 2018-31 (Rec. No. 907522), which
approved the final plat for the Lalce Springs Ranch Filing 2 subject to fourteen conditions,
Resolution 2018-31 is attached as Exhibit A. Lake Springs Ranch is expected to have six phases
(Filing 1-6). The BOCC has approved the Filing I final plat. Filing 2 contains 12 residential
lots, which under LUDC Article I requires one AH unit to offset the impacts of the new
development. Condition 3 addresses the requirement for an AFIA and provides:
3. Prîar to BOCC signalure on the Plat, the Applicanl shall complete lhe
ffird.able Housing Agreentent (AI.IA). The AHA shall be ìn.finøl conrpleted.þrm
prior to scheduling Íhe documentfar Board signature. The AHÅ, shaÍl be rettiewed
and accepted by tlte CormÍy Allorney's Office, lhe Garfield County Housing
Al,tthorìly (GCH/Ð and Comntunily Dettelopment Deparlment, with al[ edits
completed and signed by the property o1ryner and the GCHA, prior to scheù,úing
the AHA and Mylar plat far signature v,ith Íhe Board. 'l'he follou,ing amendments
shall be tnade:
G ar;fi eld C ourr t1t Hous i n g .Au thor i ty B ¡'¿¡7.j ¡¡ C om m i s s i on ent
.Þ'aLruury 13, 20,/9
?age 2 r¿f 6
fl. The AHA shctll be modffied to require lhat tlrc tuxit be cleed restricted und
beconte avc¡ilable üs an trffordable housi.ng uniÍ at the time thar grading
lsegitrs on Filing 2;
b. The AHA shall he modffied to the sa.tisfaction oJ'GCHA Lct pt.otti.dc a. date
u¡hen tJte inÍerim rentül ctffordable unit will tet,minate and lhe avaiÍabilitSt
of the ¡terntanent.for sale uniÍ tvill begin.;
c. The ATIti shall he modi/ìed to require that prìor ta recorcling o!'the deecl
restrictionfor the ínterint aff'ordahle rental unil, lhe property awner shall
enler into un ffirtluble Hausing Manageruent Agreement vtith the GarJìeld
C o mtty I'.1 ou s ing Aut hori ty ;d' The AHA shall ad.dress haw maintenance ünd st'r.ovl retnoyal v,i.ll be
manageelfor Íhe interim renlal unit; and
e. The ,4HA shall. address inspection of the unit b,Gcnfreld Cowty and/or
the GCHA for compliance with the building code stanclarcls antl llUD-
specifìecl Í[ousing Quali ty Standard.
Berkeley is in the ptocess of potentially encumbering Filing 2witha conservation
easemcnt, whioh would prohibit all lesidential development, sô there is a possibility that Fili'g 2
is never developed. The potential fot a conservation easement *u* *..ogrìized by the BOCC's
flnal plat Condition 2(a), which provides that if some or all of Filing 2 is encumbered by a
conservation easement, then the encumbered lots within Filing 2 must be vacated. Should
Belkeley finalize a conservation easement on lliling 2, all residential lots in Filing 2 will be
vacated and there will be no rcsidential development on F'iling 2.
Berkeley drafted a proposed AHA and provided it to the GCHA, the Communify
Development Department, and the County Attorney's Offrce for review and approval as requirecl
by BOCC Condition 3. The drafl AHA is attachecl as Exhibit B. As requiredty Conditioni, an
existing cabin on the property will serve as an interim AH unit that willbe deed restricted af the
time grading beings (see paragraph 9 of the AHA). Also, given the possibility of a conservation
easement cn Filing 2, the draft AHA recognizes that if F-iling 2 is never deveioped, there wo*ld
be no developureut itupaut as a resull r:f Filing 2, artdthus no AHA unit for development of
Þ'iling 2 is required,
Ms. Gazunis reviewed the draft AHA and provided a letter and redline edits on
November I 6, 201 8, The letter is attaehed as Exhibit C and the redline edits are attached as
Exhibit D. Except for two tequested changes, Ms. Gazunis wrote in her November 2018 letter,
"I agree with and support all other segments of the proposed Housing Plan and wiil state this on
letterhead to submit tothe Community Development Department." ihe first change demanded
is that the deed restriction on thc affotdable housing unit for Filing 2 occur at the tlme of Final
Plat for Filing 2. Second, Ms. Gazunis demands an AH unit for fiting 2 even if Filing 2 is never
developed.
Because Ms. Gazunis's dernands are inconsistent with the BOCC Conditions, the LUDC,
and state and federal law, Berlceley requested that Ms. Gazunis reconsider GCHA's position, aná
Gur,field Cotmty Htrusing Authority Board of Conntissioners
I'ebrttary 13, 2019
Page 3 of 6
the Community Development l)epadment requested that she put her decision in writing. On
February 4,2019, Ms. Gazunis provided the Conununity Deveiopment Department her decision
in a letter, whic.h was provided to Berkeley on February 7,20L9. Ms. Gazunis's February 2019
letter is attached as Exhibit E.
in her letter, Ms. Gazunis indicates that hel position has not changecl, writing that,
It is the position of the Ga$eld County Hoztsing Authori4t thal \he requirenrcnÍs
þr one Affirdable Housing Unit would be ensw'ed ar Final Plat for each phuse)
¿ts ¿t cotzdition.f'or the requesÍed zoning change. The ApplicanÍ sfttÍes lhat this unit
u,ill never be provided bec(tuse, based on reci.tals of the 2018-3i' Resolt¡tion, the
,4.H unit y,oul.d not be required until constt"uclion. The Applicant has rettealed to
this At¡thoriÍ¡t that it is their inÍention to never huild on the plat, despite the zon.ing
change.
It is the position ol'the Gmfield CounÍy Housing ,Authorify thar il is in rhe best
interests of Íhe residents of Garfi.eld Cotutly lhat we enl'orce thìs conclition requiring
one AH unil in order to grant altproval o^f this zoning ch.ange, and that requirement
be a condition o!'the Final Platþr Filing 2, regardless offutt'te uses.
In short Ms. Gazunis is dernanding as a condition of approval of Filing 2 one AH unit
even if the development never occum and that the deed restliction for that AI{ unit occur at the
time of Final Plat for Filing 2.
b. Thelaw
LUDC Article I is premised on the idea that new development in Garfield County creates
e need for affordable housing and that developers should be required to provide affordable
housing to offset the need theil developments crcate, LUDC 8-101(B) entitled "Putpose"
succinctly sets forth this policy:
Nev, ¿leyelopffient shqll be requirecl ta cantribute to lhe Affordable Hou,ring suppl.lt
in the Cottnly, crs reãsonnble and appropriate consideretion lo Íhe develaltruenl's
impact an the supply of ,Affordable Housing avuilal:le Ío lhe local labor force.
LUDC S-303(AX1)(a) plovides that the deed restriction I'or AH units shall occur at the time the
developer seeks a building pennit.
The concept that a County can recluire a developer to ofßet the impacts of its
development is well rooted in the law. Flowever, there are limits on the authority to exact
development offsets, one being that there nrust be "ploportionality" between the exaction and the
development's impact.
Gat lìeld Caunty Houshtg Authoriqt B¡¡ay¿ of CommissÍoner.t
lreltruary 13, 2019
Puga 4 of 6
The "proportionality test" was set lbrth by the US Suprerne Court to protect against
unconstitutional takings under Fifth Fourteentli Amendments to the US ConJtitution. See Dolan
v. City oJ'Tigard,5l2 US 374 (1994).In 1999, the Colorarjo General Assembly codifrecl the
"ploportionality test" in C.R.S. ç29-20-203, which provides:
ln imposing conciitions Lrpo11 the granting of lancl-rrse âpprovals, rìo local
gotrernntent shall requile an ownel'ofìprivate property to cleclicate real propcÉy to
the ¡:ublìc, or pay morley or provicle services to a public entity in an arnãuni thaf is
determirlecl oil ¿ut individLlal ancl discletioüary basis, unlcss there is an esseltial
llexus bctween the dedication or payrnent ancl a lcgitimate local gorrerffnent
interest, and the clec{ication or payment is roughly proportional both irr nature
and extent to thc Ímpact of the proposcrl usc or tl*,clopmcnt of such pr6perty.
(Emphasis aclclecl).
Garfield County codified the "proportionality test" in the LUDC Article 8, which govetns
the AHA. As discussed above, LUDC S-i01(B) states that o'new development" must be olhet by
affordable housing needs caused by said the development, and LUDC 8-303(AX1)(A) provides
that the amount of required affordable housing is to be dictatecl by the size of the new
development,
The law is clear, The affordable housing offset that GCHA is entitled to demand must be
"proportional" to the impact of the underlying development, Neither GCHA, Gar{ield County,
nor any govenlment entity in the United States may demand a development offset when there is
no underlying development.
In addition to ensuring that an exaction is "proportional" to the impact of tlie proposed
development. land usç authorities cannot treat one cleveloper differ.ently than other similãfly
situated developers, To do so violates the developer's Equal Protcction rÌghts under the
Fourteenth Amendment of the US Constitution. See Village of Willoy,bt.ookv. Olech,s2g US
562 (2000).
c. Argument
i. Ms. Gazunis's demand for an AH unit ttregardless of future uset'
víolates the LUDC, state law, and federal law.
Ms, Gazunis"s position that one affordable housing unit must be provided as a condition
of final approval of Final2, "regardless of futule use" is wholly inconsisìent with the LUDC,
state law, ¿¿ntl lederal law, and if enforced, her demand will work an unconstitutional taking in
violation of Colorado and US Constitutions. If a conservalion easement is finalized on Filing 2,
thele will be no urdedying development for which a "proportional" affordable ¡ousing offsı is
necessary, Ms. Gazunis's position that one affordable housing unit must be provided even if
there is no developtrtett courpletely violates the "proportionality test" and lesults in the GCI-IA
demanding an unconstitutional exaction.
GarJíeId CounlTt Housing ,4uÍhori4t Boart{ of Comtttissi<net"s
Febrnary 13,2019
Pøge 5 of 6
ii. Ms. Gazunisos demand that an AH unit be decd restricted at the time
of Final Plat for Filing 2 conflícts with BOCC Conditions of final
approval.
Ms. Gazunis's eclits to the dralI AHA indicate that she is requesting a deed restriction at
the time ol'Final Plat for Filing 2, For the reasons discussed above, not only is requiting a deed
restriction at the Final Plat for Filing 2 not supported by the law, that rcquilement is in direct
conflict with BOCC Condition 3(a), which says that the deed restriction on the interim AH unit
shall occur at the time that grading begins on Filirig 2. Ilven if Ms. Gazunis's position was
suppofied by the law, it puts Berkeley in an impossible position because it cannot comply with
both BOCC Condition 3(a) and Ms. Gazunis's demand.
iii. IVIs. Gazunis's demand for a dced restriction at the Final PIat of Filing
2 violates Berkeley's Fourteenth Amendment Equal Protection ríghts,
LIJDC 8-303(AXl)(a) provides that deed resüictions on AH units occul at the time of
obtaining a building permit. In this situation, because the interim AI{ unit is an existing
dwelling, and thus no building permit will be obtained, the BOCC agreed that it was reasonable
and appropriate to require a deed restriction at the time grading begins on Filing 2. Despite
LUDC 8-303(AXl)(a) and the BOCC conditions, Ms. Gazunis is demanding a deed restriction at
Final Plat for Filing 2. Demanding such deed restriction as a condition of final approval treats
Berkeley differently than how every other developer is treated under LUDC Article 8. That
different treatment violates Berkeley's Fouteenth Amendment Equal Protection lights.
iv. Berkeley is not avoiding its obligations to provide affordnble housing
under LUDC Article 8.
To be cleâr, as requiled by LUÐC Article 8, Berkeley is committed to providing one
affordable housing unit if Filing 2 is developed. As drafted, the AHA provides that the interim
unit will be deed r-estricted at grading, and if Filing 2 is developed, the permanent replacement
unit will be constructed withilr 18 months of ground breaking fol Filing 3 or May I,2023,
whichever occurs first. Berkeley is not attempting to avoid its obligation to provide affordable
housing. However', Berkeley will not agree to provide affordable housing if there is no
undedying clevelopment and it has no legal obligation to do so.
il. Action Requested
Besides Ms. Gazunis's proposed edits that are not supported by the law for the reasons
discussed above, Ms. Gazunis, "agreefs] with and support[s] all other segnrents of the proposed
Housing Plan." See Exhibit C. Thelefore, Berkeley respectfully requests that the GCHA Board
approve the draft AHA attached as Exhibit ts, vshich is the draft AHA approved by Ms. Gazunis
without the proposed changes that are not supported by the law.
Gaqfield Counqt HousìngAuthoríry Board of Commissioners
Iebruary i,3,2019
Page 6 of 6
ilL Namen nddress and phone numben of complninnnt and simllar information for any
authorized representative
Berkeley Family LLLP
c/o Ryan Jatvis
Beatfie, Houpt & Jarvis, LLP
932 Cooper Ave
Glenwood Springs, CO 81601
970-945-86s9
ryau@bhjlegal.som
Tim Malloy
TGMC,I'LC
402 Park Drive
Glenwood Splings, CO 81601
970-945-0832
tim@tsnlalloy,com
lhank you for consideration of Belkeley's grievance, änd I look forwald to discussing
this matter at your next GCHA Board rneeting. Please notify me as soon as the GCHA Board
schedules this matter for a hear.ing.
Sincerely
M. Jarvis,
Enclosures
Client
Tim Malloy
Katherìne Gazunis
GlennHartmann
Sheryl Bower
Kelly Cave
Cc.
Exhibit 11
GARFIELD COUNTY HOUSING AUTHORITY
1430 RAITROADAVENUE, UNIT F
RIFLE, CO 81650
[970) 625-3589 or (888) 627-3589
Fax (970) 625-0859 {'TTY [800) 659-2656
www. garfi el dhousing.com
November 16,2018
Tim Malloy, Princþal
4A2ParkDrive
Glenwood Springs, CO 81601
DearTim,
Thank you for preparing a well thougþt out and constructed Affordable Housing Pian and
Agreement for the proposed Lake Springs Ranch PUC. However, I'm very sorry that I cannot
support the language that says the interim AH unit will not be required in the event that Filing 2
is not deveioped.is the of the
interests of at Final Plat for
of lhe future uses.
Iägree with and support all other segments of the proposed Housing PIan and will stare tlrts on
letterhead to submit to the Community Development Department.
I have attached a copy of the draft agreement with tracked changes. These are to serve as a
guideline that you may want to amend. Any amendments that you make will be reviewed by me
and returned within 24 hours.
You may be aware that we are in the final stages of a regional housing needs study that is
focused, in part, on the critical need for affordable workforce housing in the Roaring Fork
Valley. The preliminary results indicate a need for over 2,000 units at this time, and a potential
need for many more units in the years ahead.ln
the Land U
\
Warning: Section 1001 of Title 18 of the United States Code, states that a person who knowingly
and witlingly makes false or fraudulent statements to any department or agency of the United
States is guilfy of a felony. This institution is an equal opportunity provider and employer,H
Exhibit 12
AFFORDABLE HOUSING PLAN AND AGREEMENT
Lake SPrings Ranch PUD
THIS AFFORDABLE HOUSING PLAN AND AGREEMENT ("Agreement") is made
and entered into this
-_
daY of 2018, by and between THE
BERKELEY FAMILY LLLP, a Colorado limited liability limited partnership ("Orvner"), the
GARFIELD COLINTY HOUSING AUTHORITY ('GCHA')' and the BOARD OF COI-INTY
COMMISSIONERS OF GARFIELD COLINTY COLORADO C'BOCC').
RECITALS
A. Owner owns certain real property in Garfield County, Colorado that is legally described in
the planned Unit Development and Preliminary Plan approvals from the BOCC for the Lake
Springs Ranch PUD, as amended (the "PUD"), under the provisions ofthe Garfield County Land
Use aã¿ Development Code, as amended ('LUDC'), Resolution 2016'35 recorded at reception
number 576660 of the real estate records of the Garfield County Clerk and Recorder and
incorporated by this reference ("Preliminary Plan Approvals")'
B. The preliminary Plan Approvals require Owner to make available twelve (12) affordable
housing C'AH') uniti pursuant to Division 3 of Article I of the LUDC. The Filing 2 ftnalplat
includei 14 residentiallots, which under the provisions of Division 3 of Article 8 of the LUDC,
requires the provision ofone (1) AH unit.
c. The Final Plat for Filing 2 of the PUD was approved pwsuant to the LUDC on May 21,
2018 by the BOCC pending iignature and recordation ofthe final plat mylar and several other
,,rppotiing documents, including this Affordable Housing Agreement. The Filing 2 final plat
approuals are memorialized in BOCC Resolution Nos. 2018-31 at reception number 907522'
D. Article 8 of the LUDC shall govem the AH units, including but not limited to the quantity,
size, sale, re-sale and rent ofthe units, to be provided by the Owner, or its successors or assigns,
in the PUD.
E. A draft of this Agreement was submitted by Owner and reviewed by the GCHA and the
BOCC as part of the Final Plat Application for Filing 2 of the PUD. Condition three of
ResolutioniglS-31 required certain amendments to this Affordable Housing Agreement which
have been incorporated herein.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the sufficiency ofwhich is hereby acknowledged, the parties aglee as follows:
l. Location of AH Units. The fwelve (12) AH units shall be located on Tract A as set forth
on the Second |méndment to the Preliminary Plan of Lake Springs Ranch PUD recorded as
Exhibit B of BOCC Resolution No. 2016-35 at reception number 876660 of the records of the
Ga¡field County Clerk and Recorder and incorporated by this reference.
2. Mix of AH Units. The number and mix of AH units has been calculated pursuant to
Sections 8-102 and S-301(A) and (B), LUDC, and is as follows:
I Bedroom Torvnhouse Units - 4 @ 700sf each (minimum)
F¡èld code
2 Bedroom Townhouse Units - 7 (@ 950sf each (minimum)
3 Bedroom Townhouse Units - I @ l,200sf each (minimum)
The proposed units will be a mix of one and two-story townhomes depending on the bedroom
count' The lot size for each unit will be equivalent to the footprint ofthe buiiding. Each unit
owner will be a member of the Lake Springs Ranch Homeowners Association and wili have access
to the amenities associated with common area of the PUD, as provided for in the Declaration of
covenants, conditions, Restrictions and Easements (the "covenants") for the p[D, as amended.
The units will be built with exterior materials reflecting the character of the free-market homes
within the PUD as defined in the Covenants and the PUD Guidelines for the PUD. Coveredp1firy equivalent to one space per unit will also be provided. Additional on-site surface parking
will also be provided in an amount equivalent to one space per dwelling rurit plus one-haif spacã
per unit for guest parking.
3. Schedule for Construction and Colnnletion. The schedule for construction and
completion of the AH units in relation to the construction and completion of the overall
development is as follows:
The project is intended to be constructed in fìve filings (excluding the conserved area which
constitutes Filing 1), as shown on the Phasing Plan included in the Final Plat submission. The
proposed AH units will be constructed in accordance with the following schedule:
14 Free-market Lots x l0olo = I AH Unit (see para 9 below re: interim unit)
27 Free-market Lots x l0%= 3 AH Units
20 Free-market Lots x l0%: 2 AH Units
37 Free-market Lots x l0% = 4 AH Units
19 Free-market Lots (new) x l0%o:2 AH Units
Filing 2:
Filing 3:
Filing 4:
Filing 5:
Filing 6:
4. Cateeories of AH units. The AH units are assigned the following categories pursuant to
8-302(A) of the LUDC:
Category#l: 2 - I Bedroom Townhomes
Category #2: 3 - 2 Bedroour Towrúromes & 2 - I Bedroom Townhomes
Category#3: 4 - 2 Bed¡oom Townhomes & I - 3 Bçd¡oom Townhome
5. Deed Restriction. An initial deed restriction and agreement shall be executed by the
parties and recorded in the real property reco¡ds ofGarfield County, Colorado against the Aú unit
PloPosed to füIÎìll the lequirer.nents of Filing 2. Additional deed restrictions ancl agrcements shall
be gxecuted by the parties and recorded in the real propert), reconls of Garfielcl Count]¡. Colorado
against the AH units required. for laler filings prior to recording of the final plat fãr riling Iprovided, however, that at the time of issuance of the certifìcate ofoccupancy foi a¡r AH Unit-the
deed restriction recorded against such AH Units shall be amended if necéssary, to reflect any
changes to the deed reshiction that are approved by the GCHA. The original execuied and recordeâ
deed restriction(s), including any amendments thereto, shall be retumèd to GCIIA subsequent to
recordation. With the exception of the "interim" cabin that is proposed to fulfill the requirements
of Filing 2" Egach deed restriction for an AII Unit shall be effectlve in perpetuiÇ r*È.i i" *V
early termination provisions provided for in the deed restriction, o, ruıh ihorto pe.iod of time
Fleld Code
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agreed to in writing by the parties. The "interim" cabin is subject to replacement with a pemranent
AH unit upon the apploval of Garfield Countv at the time of Filing 3'
6. Securitv. Security for construction ofthese units will be incorporated in the Subdivision
I*p.oueto"r,ts Agteement (SIA) of the applicable final plat beginning with Filing 3. No security
is needed for the interim unit associated with Filing 2 since the AH unit for this Filing will be
satisfied initially tkough the deed restriction of an existing unit located on the ryoperty. Security
for the permanent AH unit associated with Filing 2 will be incorporated in the SIA for Filing 3.
7. AH Guidelines. The Affordable Housing Guidelines (Guidelines) set forth in Division 4
of ad"l" g of th" LUDC, as amended, shall apply to the AH units. The GCHA is responsible for
administering many of the provisions under Division 4 of Article 8 of the LUDC and the Owner
agrees to coJperatè with thè GCHA as necessary to ensure compliance with the Guidelines. The
O-wner will rvork in cooperation with the GCTIA to complete the initial sale of the AH units within
the PUD and will provide the GCHA with necessary marketing materials at least 120 days prior to
the estimated completion of any AH units. The Owner will hold at least one open house prior to
the lottery for thelale ofthe units. The Owner understands and agtees that future resale ofthe
units will be handled by the GCIIA in accordance with the Guidelines.
8. Homeowner Association I)ues. Homeowner Association (.'HOA') dues for AH units
strall be proraæd as compared to HOA dues owed by market-rate lot owners. HOA dues for AH
units shall be prorated by either average lot size or average unit size in comparison to market rate
lots and/or unìts, whichever results in the lower cost for the AH units, or by a formula proposed
by the applicant and approved by the GCHA and the BOCC. If prorated HOA dues are not
póssible, ihen the HOA dues for AH units shall be a maximum of 75 percent of the HOA dues
owed by market rate unit owners.
9. Interim Rental Unit for Filins 2. As an interim solution for providing the required AH
unit *r*iated *ith Filing 2, the Owner will deed restrict an existing dwelling unit located on the
Lake Springs Ranch property, subject to an inspection ofthe unit by the Garfield County Building
Departmeni and a fìnding that the unit meets building code requirements and is safe for occupancy.
This unit will hereafter be referred to as the Interim AH Unit. Pursuant to condition 3a of the
BOCC resolution approving the final plat for Filing 2 (Resolution No. 2018-31 recorded at
Reception No. 9075rÐ the Interim AH Unit will be deed restricted and made available for rent at
the time grading begins on the Filing 2 infrastructure improvements. I4eÊ€4y-r€asg8rry
d€€d.restr{€t6$l The deed restriction will specify that the Interim AH Unit can only be used as a
rental AH unit subject to the requirements and limitations of Article 8 of the LUDC and that
occupancy of the Interim AH Unit will be managed by the GCHA. The Owner will be responsible
for ail other maintenance and repairs associated with the Interim AH Unit, including snow removal
for the driveway that provides access to the unit.
Prior to recording the deed restriction for the Interim AH Unit, the Owner will execute an
Affordable Housing Management Agfeement (AHMA) with the GCHA. The AHMA will address
in more detail the roles and responsibilities for management of the Interim AH Unit, including
maintenance, snow removal and enforcement of all terms and conditions in the AHMA. The deed
restriction will include a provision stating that the restrictions on the Interim AH Unit will only be
lifted when a permanent replacement unit has been completed and is certified for occupancy by
Garfield Couniy. gntess+¡
Formatted: Strikethrough
Commênted [KGlJi I @üotftlly suppon úis st¿feftent I
ræommetrd thet this @bìn be made available 6 a dæd rcsûioþd
re¡tâl at the time ofthe Final Plst for 1
Formattêd: Strlkethrough
Field code Changed
@t_Thepermanentreplacementunitwillbeconstructedduringthe
development of the next subdivision filing after Filing 2, which is cunently planned to be Filing 3.
The estimated schedule for construction and completion of the 12 AH units in relation to lhe
proposed construction and completion ofthe overall development is addressed in Section 3 ofthis
Agreement. while the exact date when Filing 3 will be developed is not yet known, Foloñg-ûsHinÊ4-is{eve@ -: hor,r,ever. the permanent AH unit for Filing 2 will be completed within l8
months of ground breaking for the Filing 3 improvcments or by ly'ray 1,2023, whic|cvcr comes
first.
The pennanent unit will be a one-bedroom, for-sale townhome to be constructed on Tract A
of the PUD. The Interim AH Unit is a one-bedroom cabin, containing 600 square feet and meets
all requirements for an AH unit pursuant to Article I of the LIIDC. The Interim AH Unit will be
rented at the Calegory 2level. The permanent unit will also be aCategory 2 unit and will represent
one of the two Category 2 townhomes identihed in Section 4 (Categories of AH Units) of this
Agreement' In the event that a interirn qualifìecl Category 2 renter. ancl subsequerrt pernianent
Categor=v 2 bLr_y,çr'is not identifìed. this Lequuçfirent may bc amencled æ
Pursuant to Section 8-201.A.7 of the LUDC. this paragraph includes additional guidelines to
address details for the administration and on-going affordability fur the Interim AH Unit. Rental
of the Interim AH Unit will comply with Sections 8-404.C (2 through 5) and 8-404.E ofthe LllDC.
However, the lease term for the Interim AH Unit will differ from Section 8-404.C.4 as follows;
the maximum rental period will be I year. In addilion, the lease for the Tnterim AH Lrnit will
include a provision clarifying that the lease can be terminated with 3-months' notice when the
permanent unit has been completed and approved for occupancy. The Owner may elect to continue
to rent the Interim AH llnit to the cunent occupant once the permanent unit has been approved for
occupancy and the deed reshiction on the Interim AH Unit has been lifted. However, ihe Ovmer
would be under no obligation to do so and would no longer be bound by the limitations of Article
8 of the LUDC. The rental rate for the Interim AH Unit will be set by the GCFIA pursuant to the
considerations identified in Section 8-404.E of the LUDC and input from fhe Owner. The rental
rate will not be allowed to be raised during the initial lease period. The rental rate may be raised
by the Owner when the lease is renewed but the increase may not exceed the annual þercentage
change for rent ofa primary residence based on the Consumer Price Index for the Denver-Boulder-
Greeley area.
10. Modifications. This Agreement may be amended only with the approval and written
consent of all parties hereto.
IN WITNESS WHBREOF, the parties have executed this Agreement as of the day and year
first above written.
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
ATTEST
By:
Clerk to the Board Chairman
Formatted;
Fleld Code
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Date:
Owl\ER
BERKELEY FAMILY LLLP
By:
Miriam M. Berkeley, General Partner
Date:
STATE
)ss
COI.INTY
Subscribed and sworn to before me this
-
day of 2018, by Mi¡iam
Berkele¡ as General Partner for the Berkeley Family LLLP, a Colorado limited liability limited
partnership.
WITNESS my hand and offìcial scal.
NotaryPublic
GARFIELD COUNTY HOUSING
ÀUTIIORITY
By:
Authorized Signatory
Date:
STATE OF
)ss
COUNTY
Subscribed and swom to before me this
-
day of 2018, by
;T,åil:# signatorv for the Garfield countv
MTNESS myhand and official seal.
Notary Public
Fi€ld Code
D ll lses\TcmPmiegt Fles\Rerkelly LSR\Filing 2. Fiml
February 4,2079
Glenn Hartmann, Principal Planner
Garfi eld County Community Development
108 8th Street
Glenwood Springs, CO 81601
Dear Glenn,
After further research and consideration, I regret to infon¡ you_that the position of the Garfield
Cã""tV Housíng Authority regarding the most recent Affordable Housing Plan and Agteement
*¡miitr¿ by lãke Sù;ó Rãnch pÚo is unchanged from ourNovember 16,2018 letter' The
proposed agreement ,uyJthut the interim Affordable Housing unit witl not be required in the
ãrr"nt tf,ut Èning Z is not developed, or, in other words, there is no intention on the part of the
developer to prıvide an affordable Írousing as a benefit to the County as a part of the final PUD
approval.
It is the position of the Garfield County Housing Authority that the requirement for 9ne
Affordable Housing Unit would be ensured at Fìnal Plat (for each phase) as a condition for the
,"0"";"d zoning
"ñung..
The Applicant.states that this unit will never be provided because'
based on recitali of the"20l g-3 I ïesolution, the AH unit woulcl not be required until
construction. rne appricanrhas revealed to this Authority that it is their intention to never build
on that plat, despite the zoning change'
It is the position of the Garfreld County Housing Authority that it is in the best interests of the
residents of Garfreld County that we "nfot."
this condition requiring one AH unit in order to
erunt upproval ortrrir "liìn! .hung", and that requirement be a condition at signing of the Final
Þtat for Filing 2, regardless of the future uses'
The evidence for this position is as follows:
The June 2015 preliminary Plan/PUD Amendment Application includes a section
regarding compliance with Section 8-201(A')
page t7 outlines the applicant's understanding of what would be necessary to meet the
conditions of the AH requirernent and includes the descriptionof a bond, or_other
acceptable security, "to ånsure the required number of Affordable Housing Units are
constructed"'
page 2g of the same document acknowledges that the cunent LUDC requires that an
Exhibit l3
GARFIELD COUNTY HOUSING AUTHORITY
1,+30 RAILROAD AVENUE, UNIT F
RIFLE, C0 81650
(970) 6?.5-3589 or [888) 627-3s8e
Fax [970J 625-0859 * TTY [800) 659'2636
www garfield housi ng'com
Wa rningl Section r001 of Title I I of the Unlted Stâter Code,st¡tes that a person w ho knorvin clv
rnd willÍngly makes f¡lse or fraudulent stàt€m€nts to auy department or sgency of the United
States ts guilty of felouy Tbis institution ls an equnl opportunity provider í nd employcr
afI-brdable housing plan be approved at Prelirninary Plan. While there was a draft of anAH Plan associated with the prior 2ü12 plan appliðation, that AH lrlan was never
Iinalized. Instcad, anothsr draft uf an RltbrrtaLie Housing plan wa.s suhmitter¡ a.s parl nf
the Jure 2015 application (Exhihif ?3.)
Exhibit 23 - the Revised Affordable Housing Plan antl Agreement (201i) includes
the requirement fbr the AH units to bc constructed by the owirer, "or its ,u.ó.srors or
assigns, in the PUD." The Schedule for construction indicates that the AH units are
"shown on the Phasing Plan include d ¡n the Final Plan submission." It goes on to showthat Filing 2 will require one AH unit. It ís reasonable to infer from thiJanguage that theapplicant is agreeing to provide one AH unit at Final Plat to meet the conditior,. f'o, "zoning change.
Resolution 2016-35, Affordable Housing section, #23 & 24 (page 1 l) states that,
l. If Tract A is to be subdivided into further separate interests, theApplicant shall tender an application for the subdivision of the lot.
2. Affordable Housing: The location (on-site, off-site, or a combination ofon-site or off- site) of the lffonrablc housing. and an AffordableHousing Agreement reflecting these determinatiıns shall be finalizedprior to schedullng the fïrst final ptat application submitted
subsequent to this Resolution for signatuìe by ihe Board of countyCommissioners.
It is the opinion of the Authority that these fonner documents intended to convey the i¡tentionto provide the AH unit at Finat plat.
These intention.s become clouded in the April 2018 LSP Filing 2 Final plat Application,Exhibit 18.
This exhibit is another draft Affordable Housing Plan and Agreement which is differentfr91 tþe prior draft plan(s), and now includes adãitional tangtiage in section z, r.!àiãi¡gadrninistration of the Deed Restrictions, and a new Sectioñ f regarding the, usã of anexisting cabin on the site to meet the needs of on Au r"qulr"tn.nt on an intcrim basis
$il-S:_Filing 3 application. However, this draÍÌ stiil includes fungu"e" l¡-U*RECITALS, Sections C and E, that indicate owners' obligation to meeithð.r""d fo,one AH unit at Final plat.
Section 5, I)eed Restriction also states that, "The initial deed restriction and agreenent
t-or tlrese AH units has been recorded as part of the Final plat approval.. ,,,
However, the new language in Section 9 states that if Filing 2 is not developed, therewill be no need for any AH unit to be províded regardless ofÍthe zone change. lt is thissection that the Authority does not accept or agree to and makes the nãed for anyAH Plan moot.
In its May 2018 letter to Garfield Count¡ the Authority stated that while an interim solution wasacceptable, a tinreline for the permanent-solution was needed.
2l
subsequent to Resolution 20lg-31 (3a,) which states that "The AHA shall be rnodifiecl to require
that the unit be cleecl restrictecl ancl bccome available as an afforclable housing unit at the timc thnt
grading beginr or fif¡ttg i;' tft" .Applicant told the authority that they had no intention of
building on Final pil'i,i¿
"æin^*ïbmitted
tho some draft language ro the Authority for
approval,
with an attempt of somewhat more clarityr lhe.A9lrrgrity explai'ed in its November 16 letter'
that despite tunguugrin Resolution zorg-áí(:a.), this is a subitantial change from the language of
all prior conditions oruppiãuur, and an exceptìon'io its interpretation of the county's land use code
regarding this Proj ect,
Finally, the Authority has been in the process of updating the Housing Needs Assessment and for the
first time has identified a need for affordable housìng, spàcifically workforce and senior housing, by
income. The final ¿*n orttti* study (dated 1.15.201Þ) indicates a need for 900 units of workforce
housing in Category l, which tr'*riui., into l-bechoom units for person(s) earning up to 80% of
Area Median Incorne.
It remains the opinion of the Housing Authority that the inclusionary housing requirement codified in
the Garfïeld county r-und Úr" plan i-s one of the few, critical methods we have available to help meet
this demand. As stated in our letter dated Novernber I6, 2018, it is the position of the Carfield
ð|,,ntH;sine A.uthority that it is inthe best interests of the residents of Garfield county that we
enforó this requirernent át Final Plat for Fiting 2, regatdless of its future uses, owners' or successots'
Therefore, the braft Affordable Housing Plan and Agrcement submitted as Exhibit l8 is not
acceptable to the Garfield County Housing Authority'
3l
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Exhibit 14
srATE OF COLORAÞO ). )ss
County of Garfield )
At a regular meeting of the Board of County Cornmissioners for Garfield Count¡
Colorado, held in the Commíssioners'Meeting Room, Garfield County Administration Buílding
in Glenwood Springs on Monday, l ltb of April A.D. 2016, there werc Presenh
lnhn ll,fnrtia Cornmissioner Chairman
CommÍssioner
Comrnissioner
County Manager
County Attomey
Assistant County Attorney
Clsrk of lhe Board
Mil¡a Sa*nan l¡hc¡rnl\
f¡arr Âllrarinn
when the following proceedings, among others were had and done, to-wit:
REsoLUfl oN No. t t¡ /t :.4 {
A RESOLT]TION CONCERNED WITH THE APPROVAL OF A PRELIMINARYPLAN
A.MEIYDMENT A,ND PTJD AMENDMENT FOR LAKE SPRINGS RANCH PUD, A 459.38
ACRE PROPERTY OWNED BY fiIE BERIffiLEY FAMILY LLLF ANI} LOCATED IN
sEcltoNs 32,33,A1\D 34, TOWNSSIP 6 SOUTH, RANGE 88 WESÎ AND SECTTON 4,
TOIVNSIüP 7 SOUTH, RÄNGE 8S WEST OF TIIE 6m P.Ùr, GARFIELD COUNÎY
PARCEL N O.s # 2 I 87 -3 2 I -09-02 3 ; 2 I 87- 3 3 3 -09-022 ; 2 I 87-3 34-00 - I 06 ; 2 I 87-3 34-00- I 07
Recitals
A. Ttre Board of County Commissioners of Garfield County, Colorado @oard) received a
request from The Berkeley Family LLIf to ¿mend the Prelimìnary Plan and Planned
Unit Development (PUD) æ follows:
l. PrelimÍnary Plan A,{nendment
a. Amend the drainage plan to utilize rnore of the valley floor for temporary
stormwater storage in order to minimize impacts on conseryed land;
b. Eliminate Condition 15 of Resolution 2Ol2-80 since the stormwater
irnpoundment will not be necessary according to the revised drainage analysis;
c. Redesign lots 8, 9, I I and 13 of Filing 2 to allow cul-de-sacs to be rcmoved
from conserved areæ;
T
37
?i##{"#iï*#*H:liltill*:H.:':,**"*f
d. Revise tbe language of Condition 14 of Resolution hOLZ-BA m chrify that the
central watèr systêm must be reviewed under the CDPTIE regulãtions for
bomrnuni ty'' wator systems;
e. Amcnd the Preliminary Plal and Phasing Plan to show the unplatted portions
of conserved lands, those lands located oyslge of hnal plat of Filing l, as
'conserved Lands" and to eliminatc the lot lines currentiy indicatedãn-the
approved Preliminary Plan. This is necessary for the fi¡ture final plat to remain
consistent with the preliminary plan.
2, PUD Amendment
a. Redesign Lots 8, 9, I I and 13 of Fiting 2 to allow cul-de+acs to be removed
from conserved areas;
b. Arnend the phasing plan:
i. T-o,Tgn required improvemcnts to CR l14 from Phæe 2 to phase 3;ií. Shifr 9 lots from phæe 4 to phase 3; andiii- Remove those approved lots located in what is now conserved lands area.c. Decreas_e the required,affoldable hotsing to be provided by the development
from J5-% as requlred under the Unified Land Use Resoiution of 20-t)g, as
amended to the l07o as cunently required under the 2013 Land Use and
Development Code, æ amended.
3. And as fi¡rther describcd in Exhibits A and B, PLJD Guide and Map and
Preliminary plan.
B' The Lake Spríngs Ranch PUD is a 459.38 acre parcel of land owned by The BerkeleyFamily LLLP as described in a Waranty Deeds rccordJd at Reception Numbers 405633 and462134 and Quit Claim Deeds recorded at Reception Numbers S2iZ5l and B?B?4g, all in the
records of the Garfield County Cterk and Recordei.
C. Thesubject ProPerty is located within unineorporated Garfield County in the pUD zonedistrict, approximately 3.5 mites southeast of Glenwood-Springs, Colorado.
D- The Planning Com¡nission opened_a public hearing on the lOth day of Februa¡y, 2016,for consideration of wÌ¡ether the proposed Preliminary Plañ and PUD Amendmenc should beapproved, approved wirh condirionq or den¡ed. During said hearing, the pu¡iiãìn¿ interested
Persons werc given the opportuuity to express their opinlons regardin!'th" rrquests.
E. The Planning Commission closed thc public hearing on the lOtb day of Febnrary, 2016,to make a fioal decision. The Planning Commission voted to ñcommend that the Board oiòounty
Commissioners approye the requested amEndmsnt to the Pretimínary Plan an¿ Þt¡O, subject tócompliance with sonditions of approval.
F. The Board of County Com¡nissioners opened a public hearing on the I tth day of April,2016, for co¡sideration of whether the proposed amendments to rhc ficfinrinary plan and pUD
2
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should be approved, approved with conditions, oÍ denied. During said hearing lhe public and
interested persons were given the opportunity to express theiropinions regarding the request.
G. The Board of County Commissioners closed the public hearing on the I lth day of April,
2016, to make a final decision.
I. The Board of County CornmÍssionen¡ on the bæis of substantial competent evidence
produced at the aforementioned hearing, has made the following determinations of fact¡
l. Thatproperpublic notice was provided as required for the hearingbefore the Planning
Commission.
2. That the hcaring before the Planning Commission $ras extensivc and complcte, that all
pertinent facts, matters and issues were subrnitted and thnt all interested parties were
heard at that meeting.
3. That for the above stated and other reåsons the requests forPreliminary Plan and PUD
Amendments are in the best interest of the health, safety, convenience, order, pmsperity
and welfare of the citizens of Garfield County.
4. That, subject to compliance with conditions of approval, the applications arc in general
conformance with Garfield County Comprehensive Plan 2030.
5. That, subject to compliance with conditions of approval, the applications have met the
requirements of the Garfield County 2013 Land Use and Development Code, as
amended.
RESOLUTION
NOfry TIIEREFORE, BE IT RESOL\¡ED by the Board of County Com¡nissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. The approvats and conditions contained in this Resolution supersede all prior zone district
designations and uses set forth in prior approvals, and supersedp Resolution Nos. 02-109
and 2012-80, cxceptÍng the attachments to the latter which are referrðd to in this
Resolution.
C. The Preliminary Plan Amendment and PUD Amendment for Lake Springs Ranch PUD are
hereby approved subject to compliance with the following conditions:
il[,llilh'il,l¡, ll¡lll$fl,lJ,llt¡¡ til I ll I
lco
SnRFIEL0 cotr{tv co
Pggllmlnarv Planl. All rcpresentations of the Applicant made in the application and at rhe hearings before
tbe Planning Commission and Board of County Commissioners shalt be cınsidered
conditions of approval, unless approved otherwise by the Boa¡d of County
Commissioners.
Fees
2, The Applicant shall includc 5}lo of the road impact fce witt¡ each final ptat. The
remaining 507o shall be collected at the time of issuance of a building permit. The cost
9f *y improvements to County roads that are constructed by the Appl¡iant an¿ approved
!V tne County may be deducted from tl¡e road irnpact iee. Ali fi¡ture Subäivision
Improvement Agreement(s) shall include any telms nêcessary to accomplish such
deductíon.
3. The Applicant shalt pay a Fee-In-Lieu of School Land Dedication , as calculated in
Section 7-404 of the 2013 Land Use and Development Code, as amended, with each finalplat.
4, Impact fees shall be paid to the Carbondale and Rural Fire Protection District prior to rhe
approval of final plats submitted for approval subsequent to this Resolution.
Permifs
5. !{o1 to the approval of each final plat, the Applicanr shall obtain a Narional po¡lutanr
Discharge Elimination System Permit and aiipolturion permirs from CDP¡IE. These
permits shall be submitred to Garfisld County fór ¡eview.-
Agreemenh
6. Appmval of the Prcliminary Ptan requires the Developer to cornplete the platting of all
phasæ within 15 years of Resolution 2012-80 and thã first finaiplat must be ¡ecordedwitlin one ycar of the_fînal approval of the Preliminary Plan, or as may be extcnded by
the Board of County Commissioners by resolution.
Plat Notes
7. The following plar notes shall be placed on each final plar
t Control of noxious weeds is the responsibility of the'property owner in compliance
with the Colo¡ado Noxious ïVeed Act and the Garficid iounty Weed Managcment
Plan.
b. colorado is a "Right-to-Farm" state pursuant to c.R.s. 35-3-101, et. seq.
Landowners, residents and visitors must be prepared to accept the activities, sighti,
sounds and smells of Garfield County's agriculturat opera-tions as a normal-and
necess¡lry aspect of living in a County with a strong rural character and a healthy
4
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ranching sector. Those with an urban sensitivity may perceive such activities, sights,
sounds and smells only as inconveniencê, eyesore, noise and odor. However, State
Iaw and County policy provide that ranching, farming or other agricultural activities
andoperations within GarfieldCountyshaU notbe considered tobenuisances so long
as operated in conformance with the larv and in a non-negligent manner. Therefore,
all ¡nust be prepared to Çncounter noises, odor, lights, lttud, dust, smoke chemicals,
machinery on public roads, livestock on public roads, storagc and disposal of manure,
and the application by spraying or otherwise of shemical fertilizers, soil amendments,
herbicidcs, and pesticides, any one or more of which may naturally occur as a part of
a legal and non-negligent agricultural operat¡ons.
c. No open hearth solid-fuel fïreplaces will be allowed anywhere within the subdivision.
One (l) new solid-fuel burning stove as defined by C.R.S. 25-740l,et. seq., and fhe
regulations promulgated thereunder, will be allowed in rny dwelling unit. All
dwelling units will be allowed an unrestricted number of natural gæ burning stovËs
and appliancos.
d. All exterior lighting shall be the minirnum ¡mount necessaty and all exterior lighting
shall be directed inward and downward, towards the interior of the lot. Provisions
may be made to allow for safety lighting that goes beyond the property boundaries.
8. The Applicânt shall adhere 1o the recommendations specified in the Hepworth-Pawlak
Geotech (HP Geotech) reports as attached to Resolution 2012-80. Site specific studies
shall be conducted for individual lot development. The need for site specific studies shall
be disclosed in tha cov€nants and on each final plat in the form of a plat note. Those
recommendations include the following:
a. Prospective building owneñ should be made aware of the potential low risk of
. evaporatc deformation. If the low risk is not acccptablc to building o$rners, it can bc
reduced by the use of heavily reinforced foundation system preferably without a
basement.
b. It is recommended that buildings not bc located within 50 feet of the fault trace
identified in Figure I of the HP Geotech report dated January 15,2010 as attached to
Resolution 2012-80.
c. It is recommended that additional subsurface cxploration be ruade in these areas to
evaluate the engineering characteristics of the lake deposit. These areas include fpts
6, 7, and I of Block 2 and 200 feet of the western most portions of Spring Valley
Road.
d. TTre rccornsrcndcd foundation system will depend on the site specific expansion
potent¡al. Also, a structural floor system over a crawlspacê may bc wananted
depending on the expansion potential at a specific buildíng sitc. A site specific
5
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found¡tion study by the individual lot owners should be conducted for design levcl
recommcndations,
e- More extensive grading should be evaluated on a site specific basis. As previously
recommended, cut and fill should not exceed l0 fcet deep and cut and fill slopes
should be 2:l (horizontal to vertical) or flãtter. ¿, ccrtiflld professional engineer
registered in the State of Colo¡ado should rêview the proposeã grading planslhen
available and detcrmine if addition subsurface explorationand anãysis arc necded.
f. Occupied structures should be designed to withstand moderately strong ground
thaking with little or no damage and not to collapse under strongeiground str'aking.
Thereglon is in the uniform Building code, seismic site clæs B.
Water
9. The Applicant shall vcrify watcr requirements for automatic fire sprinkler systems are.
^dequate
at the rime of each final plat.
10. At llt"¡tlt final plat submitted-follpprgval subsequent ro rhis Resolurion, the Appticant
shall obtain 1-nlw well permit for WelI D and submit this informarion to GarfieH ôounty
Planning staff for review.
I l. At first final plat, the Applicant shall conduct o,24 hour pump test on IVell D and have
the watcr tcsted.for quality to ensure it mects the Colorado Dipartment of public Health
and Environmeñt's standards. This information shall be submitted to Garfield County
Planning staff for review.
12. TheApplicant shall plug and abandon the well (Permit No. 160677) when the existing
residence locatcd at 3961 County Road I 14 connects to the cent¡al water system of thã
subdivision.
13. Prior to approval of the first final plat, the Applicant shall considcr additional water loop
conncctions.
14. Prior to the approval of the fint final plat submitted for approval subsequent to this
Resolution, theApplicantshall meetall applicableColorado tiepartmentof publicHealth
(CDPHE) regulations for a community wãter system.
15. Should it be determined that stounwater detention is required to be stored in the pond on
the east side of CR 114 the Applicant shall submit, and,ieccive approval for, a Nitice ofIntent to impound watêr from the State of Colorado.
Well Monitorlng
t6- Lake Springl shall participate with Sqring Valley and other land owners in the Spring
Valley area in a ground water monitoring prograrr to monitor water levels in the Sirini
.6
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Valley Aquifer, as described in the Memorandum dated December 6, 2000, authored by
Anne Castle and CMs Thorne of Holland & Hart as attached to Resolution 2012-80. The
data collected pursuant to the monitoring program shall be provided to and maintained
by the Basalt Water Consçryancy District (the "Basalt District"). If and when the
monitoring program, or other reliable data and infonnation, provide evidence of a long
term trend that indicates an inability of the Spring Valley Aquifer to satisfy expected
de¡nand associated witb decreed u'ater rights owned by Lake Springs, Spring Valley, and
the other parties participating in the monitoring program, tbe Applicant shall cooperate
with the Basalt District to identify and implement necessary and approprids coffective
meff¡ures which may includu (a) implementation of water conservation me¡Nures and/or
(b) evaluation of the opportunities for provision of a substitute water supply fiom a
supplernent source.
lVaste lVater
l?. The Applicant shall comply with the following Spríng Valley Sanitation District's
(District) conditions including:
a. Prior to any final plat apprnval, the Applicant shall provide the Spring Valley
Sanitation District a comFlete set of the sewer construction plans for review and
approval.
b. The Applicant shall adhere to the Spring Valley Sanitation District's service
conditions as follows:
i. Obtain approval by the District of all required Line Extcnsion Agreements or
Line Connection Agreements as required by the District's Rules and
Rcgulations and/or the Pre-Inclusion and Wastewatcr Treatment Plar¡
Treatment Agreoment (PDA);
ii. Complywith all of the terms.and couditions of thePDAand the District's Rules
and Regulations; and,
lll Reimburse the District for all costs incuned by the District regarding this
project, including, but not timitËd to legal and engineering review, as stated in
the District's Rules and Regulations and PDA.
Access PermÍts
18. The Applicant sball make application to the Colorado Department of Transportation for
an access permit for improvements to the intersection of County Road 114 and State
Highway 82. Such application and approved permit shall be tendered with each final plat
document, and the intersectiou irnprovements shall be included as a public improvomeut
in the subdivision improvement$ agreôment for that final plat. kr the event that the
county secures a permit with cDoT and constructs improvements to the cR 1t4lslf 82
intersection prior to any homes being constructed at Lake Springs Rancb PUD, the
7
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Applicant will bo responsible for a portion of those intersection improvcments either
cqu¡volent to, or Icss than, the cost of thc improvemeflts that would have been rcquircd
pursuant to the CDOT permit. For the purpose of determining the Applicant's fair sharc
PursuaIlt to the "equivalent to or ¡ess than" clause in the previous sentence, the Applicant
will provide for the County's review and approval, an engineer's estimate for thi cost of
the improvements thåt would have been required, punuant to the CDOT permit issued to
the Applicant. T[e ongineer's estimate will be providcd as part oi the final plat
submission for the first fïnal plat.
19. Prior to the approval of each final plat, the Applicant shall obtain drivcway permits from
the Garfield County Road and Bridge Department for all applicable Secóniary Access
roads that intersect County Roads l 14 and I15.
Roads
20. Roadways: The cunent preliminary plan application for Lake Springs Ranch pUD
proposes five (5) separate accssses onto Garlield County Road ll4, hìreinafter ..CR
114." Notwithstanding any future Board of County Commissioners amendments to
cun€nt approvals which may be obtained for the cunently proposed design of the
roadway accessËs fo11he Lake Springs Ranch PUD from CR I l4 and thc presãnt design
of improvements to C_R 114 througb the Lake Springs Ranch PIJD, based ðn agreements
and representations of thc Applicant, the Applicant sball adhere to the followilg critcria.
a. Grade of CR I l4 at Intersections: At intersections with Lake Springs Ranch
development roads-, the ve¡tical alignment of CR I t4 shall have grades ñ greater
than 57o for a minimum distance of 25 feet as measurcd from the-centertinJof tho
intersecting road.
b. Grade of l¡tersection Road at Intersections: At intersections with CR I t4, all Lake
Springs Ranch development roads shall have grades no greatcr rban 4Zo for a
minimum distance of 62 feet a¡i mealiured from the ccnterline of CR I 14 and not to
exceed 67o withÍn 120 feet-
c. Anglc of Intersections: Intersect¡ons shall be designed as nearly to right angles as
possible, with no intersecting angles of less than 85 degrees.
-
The ienterline of
intersecting roads shall be designed wíth a tangent at the inÈrsection with a minimum
tangent length of 60 feet as me¡sured from the centerline of CR I 14 to the point of
Curvature (P.C.) on the intersecting road.
d. Proximity of Adjaccnt Intersections: Wherc two Lake Springs Ranch development
roads intersect CR I14, the intersecting centerlines shall be directly aligned, oi s¡alt
be separated not le.ss than 200 feet as measured between intorseçdóû cãnterlines. In
the event that one or both of the intersecting süeets requires that CR I 14 be provided
with auxiliary lanes (acceleration and/or deceleration lanes) as provided foî herein,
then the intersecting supet ccnterlines shall bo offset sufFrcient dirtaoc"s so that the
I
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minimum length of the auxiliary lanes, as required for herein, are provided and do
not overlap.
e. Requirement for Auxiliary Lanes: Intersections of all Lake Springs Ranch
development roads shall be provided with auxiliary lanes (left deceleration lanes,
right turn deceleration lanes, right tum acceleration lanes, and left turn acceler¡tion
lanes) applying criteria set folh in Secdon 3.9 of the most cunent vcrsion of the
Colorado State H¡ghway Access Code.
f. Design Criteria for Auxiliary Lanes: The design of all required auxiliary lanes shall
be in accordance with then applicable Garfield County specifications, as applicable,
and Section 4 - Design Standards and Specifications of the most cunent version of
the Colorado State Highway Access Code.
g. Intersection Sight Distance: At intersections of Lake Springs Ranch development
roads and CR I14, clear zones shall be designed and maintained to provide sight
distance for the vehicle on the intersecting road (stop or yield) to observe a moving
vehiclc on CR I14. The clear zone shall be rnaintained free of all vegetation and
objects taller than 24 inches excÊpt for traffic signs. The sight distance shall be
measured from a point on the interesting road (stop or yield) which is 10 feet from
the edge of pavement on CR I14. Thc minimum intersection sight distance for
intersections wilh CR I 14 based on a 35 MPH design speed shall be 350 feet.
h. Access Points: Direct ÀccessÊs onto CR 114 by individual lots shall be prohibited.
No individual lot shall access a Lake Springs Ranch development road within a
dislance of 100 feet from an intersection witb CR l14, as measured from the nearest
edge of pavement of CR I14.
i. Utilities and Street Consrucüon; Strect and road construction shall not proceed
beyond subgrade preparation until all utilities which are intended to be placed under
ariy part of the street or road arc complete, including all sçrvice lines, and all utility
trcnches are baclfilled and compacted in accordance with the street or road
construction specifications as provided by a certified professional geotechnical
engineer registered in the State of Colorado.
j, Other Design Criteria: Except as modifïed above, CR I t4 shall be subject to the
following design puâmeters:
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tt{
Per 2500+
Mlnimum of widrh 80-feet
Type of$urfnce
Shoulders
for Drlvlng Lanes and Asphalt
Pavement Design and Subgrade
$tabilization
Prepared by Registered
Based On-site Specific Soit Analysis and
Antioipated Traffic Volume for Z0-year Design
Life
Gcotechnical Engineer
Lane l4idthMlnlmum I2-feet
6-feet
Ditch Width and Storm Draínage
Culvert
Profcssional Engineer to ProvideDesigned by
Minìmum to ConHydraulic PeakCapaciryvey
Flow F¡om I EventStorm
Cross Slope SuperelevationtoZVoBased87oon Design
b P¡ofessional
Shoulder Identical to Cross
MÍn.s Per 35 MPH
Minimum Centerline Radius
Rate of Ëuperelevation:Varies with Superelevation
TVo Ctown$ectlon 610-feet
27o 470-feet
4lo 420-feet
6lo 380-feet
8lo 350-feet
Percentage ofRunout onMinimum
80%
Minimum Runout Varies with in Rate of
ln Rate of
4%84-feet
6To 126-feet
87o 168-fect
l0Vo 2lO-feet
l2%a 252-fee¡
t4?o 294-feet
16Vo 336-feet
Maximum Centerllne Grade r,a%
MÍni¡num Centerline Grade Wo
YalueK-for Crest CurveVe¡tical 40 minimum
K-Value for S¡g Vertlcal Curve 50 rninimum
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2l.A portion of CR tl4 is to bc re-aligned which is subject to the Garfield County
Procedures for Vacating Public Roads and Rights-of-Way. The Applicant shall receive
approval of this road vacation prior to recording of the applicable final plat.
22.Priorto fîrst final plat approval, the Applicant shall conduct a geotechnical investigation
of CR l14frommilemarker3.l to l00feeteastof theintersectionof CRl15andHigh
Alpine D¡ive. Bascd on this analysis, provide a pavement section design to the Oarf¡cld
County Planning Department for review.
Affordable Housing
23. If Tract A is to be subdividcd into further separate interests, the Applicant shall tender an
application for the subdivision of the lot.
24. Affordable Housing: The location (on-site, off-site, or a combination of on-site or off-
site) of the affordable housing, and an Affordable Housíng Agreement reflecting these
determinations shall bc finalized prior to scheduling the first final plat application
submitted subsequent to this Resolution for signature by the Board of County
Commissioners.
Vegetation
25. The improvements included with each final plat will include trevegetation provision for
the disturbed areas associated with the improvements for the subdivision, along with
security to guarantee that the revegctation has been successful.
26. Prior to the issuance of a building permit from the Garfield County Building Department
on single family lots and the multi-family tract, an inventory of the existing vegetation
and Hanington's Penstemon shall be done by the lot owner and receive a statement of
approval from the Development Review Committee prior to building.
Hlstoric Preservation
27. Prior to the approval of the final plat for Block 3, the Applicant shall conduct fi¡rther
evaluations bf the sites that potcntially cont¡Ín the prehistoric "open camp hearth." This
information shatl be provÍded to the Garfield County Planning staff for review.
28. Prior to the approval of the final plat forBlock 2, the Applicant shall further investigation
the historic value of the structures on Lot 3. This information shall be provided to the
Garfield County Planning staff for review
GIS
29. Once each frnal plat is approved, the Applicant shall provide the G&rfield County
PlannÍng Ðepartment a digital copy of the final plat to a standard acceptable to the
Garfield County Information Technology Department.
II
rill
ATTEST:
0rv1,,,.-
of the Board
STATE OF COLORADO
County of Garfïeld
I,
Upon motìon duly made snd seconded
following vote:
hrilh¡fiillllill'Id IilI
Jc¡n ñlbtrlcoDoo F..¡O,oÞ cnRFtELD c(I,,ltfY cô
PIIDAmendment
30. Prior to the signing of the Resolution the Apptioant shall provide a clean copy, suitablefor recordation, of the PUD Guide anrl pUDÞlan.
t!
Dared this a day of A-D.2ojk_.
GARFIELD COT'NTY
COI,JNTY,
BOARD OF
GARFIELD
thc
Absent
Ayc
Aye
)
)ss
)
County Clerk and ex-officio Clerk of the Boa¡d ofCounty Comrnissioners, in and for the Cannty and State aforesaid, do hereby certify that rheannexed and foregoing Resolution is truly copíed from the Records of the Proceeding of the Boa¡dof County Commissionen for said Garfield Count¡ now in my office.
IN WITNFSS 1VIIEREOR I have bereunro set my band and affixcd the seal of said
SEAT,
was
County, at Glcnwood Springs, thls day of 4.D.20=_.
t2
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fr"'i'??åil*t¡¿Ëí'lf¡lir'#'F"11äî5åIâBFTELÞcou'Tyco
County Clerk and ex-off¡cio Clerk of the Board of County Commissioners
l3
Exhibit 15
GARFIELD COUNTY TREASURER
Certificate of Taxes Due
¡\.ccount Number Rl I 1779
Parcel 218733400106
Certifi cate Nurntrcr 201 9-01278
Acres 322. I 53
Order Number
Vendor ID CotrnterAssessed To
BERKELEY FAìUILY LIMITED PARTNERSHIP
1302 WAUGH DRIVE#684
HOUSTON, TX77OI9
LcgalDosøiption Situs Addrcss
00396¡ rì4COUN1'Y RÐ
828751.312.151 ACRES
Yea¡Tm frúerest Iee¡?sYments Balanoe
TsCha¡ce
2018 s il,588,1 2 s0.00 $0.00 ($t 1,588.12)$0.00
Total Tax Charge $0.00
Grand Tot¡l Due as of. 06/26 120t9 ß0_00
Tax Billed ai 2018 Rates for T¿x Area 012 - 1R-MFl - 012
Authority
GARFIELD COUNTY
SPRING VALLEY SAN
CARBONDALE & RURÀL FIRE
BASALT WATER CONSER
COLO RIVER WATER CONS
SCHOOL DISTRICT RE-1
COLORADO MTN COLLECË
GARFIELD COUNTY PUBLIC LIBR
MillLeW
I 3,6550000
4.0000000
r2,5670000
0.0390000
0.2560000
44.04 r 0000
3.9970000
l.0720000
Äfiouût
$ l,987.20
$582. l2
$ I,828.88
$5.68
$37.26
$6,109,29
s58l .ó8
$ l s6.0l
Aont¡l
$135,910
$49,970
$r49,900
$43.680
$t3. I l0
$230,230
$s2.090
Ad¡orócd
$39,4 I 0
$ r 4,490
$43,470
$ l 2,670
$3,800
$ 1ó,580
$15,1 l0
Vsluos
WAREHOUSEiSTORA
GË-LAND
OFFICES,
IMPROVËlvfENTS
WARE}IOUSE/STORA
GE-IMPS,
IRRIGATED LA,ND-
AGRICLTRL.
GRAZING LAND.
AGRICULTURAL
FARM//RANCH
RESIDENCE-IMPS
OTHER BLDGS,-
ACRICULTUR.,IL
T¿xes Bitled 2018 79.6270000 $l 1,s88.12
Total $674,89û $145,530
All Tax Lien Sale amounts are subject to change due to êndorsemènt ôf oúrrsnt tâxes by lhe lienholder or to advert¡sing and distraint
warranl fêes. Changes may occur and the Treasurer's Office will need to be contacted prior to remittance after September 1 , 2019. ïAX
LIEN SALE REDËMPTION AMOUNÍS MUST BE PAID BY CASH OR CASHIER'S CHECK.
Special taxing districts and the boundaries of such districts may be on file with lhe Board of County Commissioners, the County Clerk, or
the County Assessor.
This côrtificale does not inçlude land or improvements assessed under a separate account number, personal property täxes, transfer tax
or misc. tax collected oñ behalf of other entities, special or local improvement distr¡ct assessments or mobile homes, unless speclfìcally
mentioned.
l, the undersigned, do hereby certify that the entire âmount of tåxes due upon the above descrìbed parcels of real property and all
outstanding sales for unpaid taxes as shown by the records in my offlce from wh¡ch the sarne may still be r€deemed with the amount
requ¡red for redemption are as noted herein. ln witness whereof, I have hereunto set my hand and seal.
Jun 26, 2019 3:11:A2 PM Page 1 of2
GARFIELD COUNTY TREASURER
Certificate of Taxes Due
Accornt Nr¡mher R I l 1780
Pnrcel 21ß711.100107
Assessed To
BERKELEY FAì\,IILY. LLLP
I3O2 ÏúAUGH DRIVE f684
HOUSTON, TX 770I9
Certificate Nurnber 201 9-0 1279
Acres 36.00
Ordcr Nurnber
Vendor ID Counte¡
].cg8l Dôscfiptiotr Situs Add¡sss
004401 r 14 couNTY RDSection: 33 Torvnshiu: 6 Ranse:88 À TR IN SEC.33.
Ycar T¿¡[ntcrcst Fecs ?¿vmcnts Balancc
Tax Charse
20 r8 94,220.24 s0.00 $0.00 (s4,220.24)$0.00
Total Tax Charge $0.00
GtandTot¿l Due as of06/2612019 $0.00
Tax Billed at 20i I Rates for Tax Area 0 I 2 - 1R-lvf F I - 0 l2
Authority
GARFIELD COUNTY
SPRING VALLEY SAN
CARBONDALE & RURAL FIRE
BASALT W¿\TER CONSER
COLO R¡VER WATER CONS
SCHOOL DISTRICT RË-I
COLORADO MTN COLLEGE
GARIiIELD COUNTY PUtsLIC LIBR
Taxes Bìlled ?018
MitrLovy
I 3.6550000
4.0000000
r ?.s670000
0.0390000
0.2560000
44.0410000
3.9970000
r.0720000
Amount
$723.71
$212.00
$666.05
$2.07
$ I1.57
$2.334. l I
$2 I t.84
$J6.82
Vslu€s
GRAZING LAND-
AGRICULTURAL
FARM/RANCH
RESIDENCE.IMPS
Total
$728.8e0 $s2.480
Ach¡al
$ t,810
A¡¡e¡soú
s520
$730,700 $53,000
79.6?70000 s4,220.24
All Tax Lien Sale amounts are subject to change due to endorsement of current taxes by the lienholder or to advertising and distraint
warrant fees. Changes may occur and lhe Treasurer's Office will neecl to be contacted pr¡or to rernittänca after September 1 , 2019. TAX
LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIËR'S CHECK.
Special taxing d¡slricts and the boundaries of such dis{ricts may be on file with the Board of County Commissioners, the County Clerk, or
the County Assessor.
This certilicate does not include land or improvemenls assossed under a separate account number, personal property taxes, transfer tax
or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically
mentioned.
l, the undersigned, do hereby certîfy that the eniire amount of taxes due upon the above described parcels of real property and all
outstanding sales for unpaid taxes as shown by lhe records in my office from which the same may still be redeemed with the amount
required forredemption are âs noted herein. In witnes$ wherêof, I havê hereunto sêt my hând and seal.
rR¡Á5UR(ft. {iÀirItD{ouNry
nfiht aÂGrar
Þi*:' ¡r'i'tçi:"1-
r09 9ì'5t'c4t t!t!¡r 2ó.
Glenúoodlp¡ú¡Ér tú, ti6ll
.:-, J,..,L.;,.:ù
.i.ij,. ..i
,¿"
' ..1; i, .
.'ì j,. \l:,\:. i-ì;
',.:, .:i',:l¡' '.. ,;'/.t ,tlr¡¡.¡,.1! ¡:'
.lun 26, 2019 3:11:50 PM Page 1 of 1
GARFIELD COUNTY TREASURER
Gertificate of Taxes Due
AccountNumberR04l9l0
Pnrcel 218733309022
Assessed To
BERKELEY FÄN,f ILY LIMITED PARTNERSHIP
1302 WAUGH DR1VE #684
HOUSTON TX 77019
Certificate Nurnber 201 9-01 280
Acres 94-341
O¡der Nu¡nber
Vendor ID Counle¡
Siürs.Add¡es¡
Lcgat Dcsøiption
Section:3?Tol'nship:6l{ange:SSsubdivision:LAKESPRINGSRANCFIPUD¡\GRICULTURÀL
RESERVË
Ioe.s
Ts,
$0.00 $0.00 s0.00
20r8 669.00
$0.00
Total Tax
G¡and Tot¡l as of
Tar Billed at 2018 Rates for Tax Area 012 - I R-N4F I - 012
Äuthmity MitlLwY
GARFIELD COUNTY 13 6550000
SPIìING VALLËY SAN 4.OOOOOOO
CARBONDÄLE & RURAL FIRE 12.5670000
BASALT \\¡ATER CONSER 0.0390000
COLO RIVER WATER CONS 0.2560000
scHool- DISTRICT RE-] 44.0410000
COLORADO MTN COLLËGE 3.99700û0
Amount
$286.20
s83.84
$263.41
$0,82
$5.37
$923, I i
s83.78
s22.47
Valu¡s
IRRIGATED LAND.
AGRICLTRL.
Torûl s72.290 $20,960
Âcfial
s'|2,29t
Ass€sse¿
$20,96Û
GARFIELD COUNTY PUBLIC LIBR r.0720000
Taxes Billed 2Û18 19.6nA000 s 1,669.00
All rax Lien sale amounrs âre subject to change due to endorsement of current taxes by the lienholder or to advertising and disiraint
warrant fees. chânges may occur and the Treasurer's oftice will need to be contacted prior to remittance after september 1' 2019' TAX
LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK'
special taxing distficts and the boundaries of such districts may be on file with the Board of county commissioners, the couniy clerk' tf
the county Assessof.
This certi{icate does not include land or improvements assessed under a separate account number, pefsonal property taxes, transfer tax
or misc. tax collected on behalf of other entities, special or local improvement dislrict assessments or mobile homes, unless specifically
mentioned.
l, the undersigned, do hereby certify that the entire ämounl oftaxes due upon lhe above described parcels of real property and all
outstanding sales for unpaid taxes âs shown by the records in my office from which the same may still be redeemed with the amount
required for redemption âre as noled herein. ln w¡tness whereof, I have hereunto set my hand and seal'
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Jun 26, 2019 3:12:25PM Page 1 of 1
GARFIELD COUNTY TREASURER
Certificate of Taxes Due
Account Number R041943
P¡rcel 218732109023
Assessed To
BERKELEY FAMILY LIMITED PARTNERSHIP
I]O! WAIlGH DRIVE#684
HOUSTON, TX 77ÛI9
Certific¿te Nur¡rber l0t g-0 I 281
Acres ? 1.80
Order Ntmbcr
Vendo¡ ID Counter
Logal Dosctiption
Section: 32 Totvnshio: 6 Ranee: 88 Subdivision: LAKE SpRINGS RANCH PUD Lot: I THRU:- Loi:21
Sitr¡s Add¡ess
Yosr Ta¡Itrterest Fees ?aymçnts Balancê
-lax
20t8 S427:60 s0.00 .60)$0.00
Total Tax Charge
$0.00
Total Due
Tax Billed at 2018 Ra¡es for Tax ¡1,rea 012 - 1R-NIFI - 0t2
Authority
GARFIELD COUNTY
SPRING VALLEY SAN
CARBONDALE & RURAL FIRE
BASALT IVATER CONSER
COLO RIVER WATER CONS
SCi-IOOL DISTRICT RE-I
COLORADO ì\,ITN COLLEGE
GARFIELD COUNTY PUBLIC LIBR
MillLovy
I 3.6550000
4.0000000
r 2. s670000
0.0390000
o.t56oooo
44.041 0000
3.9970000
1.0720000
.A.moust Achr¿l
$l s.s20
$0,00
A¡¡e¡s6d
s5,370$73-34
$2 t .48
s67.49
$0.21
s r.¡r
$236.49
$21 ,46
$s.76
Valuss
IRRIGATED L¡\ND-
ACRICLTRL.
Total $18,520 $5,370
Taxes Billed 2018 79.627A000 $427.ó0
All Tax Lien sale amounts are $ubject to change due to endorsement of current taxes by the lienholder or to ãdvert¡sing and d¡stráint
warrant fees' Changes may occur and the Treasurer's Office will need to be contacted pr¡or to rem¡ttance after September 1, 2019. TAXLIEN SALE RËI]EMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK.
special taxing districts and the boundaries of such dislricts may be on file with the Board of County commissioners, the county clerk, orthe County Assessor.
This certificale does not include land or improvements assessed under a separate account number, personal property texes, transfer tax
or misc' lax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically
mentloned.
l, the undersigned, do hereby certify that the entire amounl of laxes due upon lhe above descrihed parcels of real property and alloutstanding sales for unpaid taxes as shown by the records in my ofüce from which the same may still be redeemed with the amount
reguired lor redemption are as noted herein. ln witness whereof, I have hereunto set my hand and seal.
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Jun 26,2019 3:13:09 pM Page 1 of 1
Exhibit 16
ffiffi
ffiffi TGMC,".
Lond Use Plonning 'Site Design ' GIS Anolysis ' Public Process
Moy 3l ,2019
Glenn Hortmonn, Senior Plonner
Gorfield County Community Development Deportmenl
108 Eighth Street, Suite 40,|
Glenwood Springs, CO Bl ó01
RE: Submission of Droft Finol Plot Documents for Filing 2 of Loke Springs Ronch PUD
Deor Glenn:
As we discussed, I om submitting o droft set of the finol plot documents for Filing 2 of
the Loke Springs Ronch PUD Subdivision, on beholf of the Berkeley Fomily Limited
Liobility Limited Portnership. While most of the oltoched documents qre complete ond
finolized, o few remoin in droft form ond ore being provided now in lighi of the long
deloy ossocioted with the Gorfield County Housing Authority's (GCHA) refusol to sign
the AH Plon ond Agreement thot we provided to them on November I ó, 2018. As you
know, we hqve been working for more thqn six months to resolve o conflict with the
GCHA surrounding their request thot we moke revisions to the AH Plon ond Agreement
which ore bolh unconstitutionol ond in direct conflict condition 3o of Resolution 2018-
3l of the Boord of County Commissioners. I hove ottoched o formol grievonce letter
thot we submitted to the GCHA on Februory 13, 2019, which includes o summory of
the issue ond o portiol chronology of our efforts fo resolve it (Exhibit l7). On Februory
28,2019, we ottended o meeting of the GCHA Boord to consider the grievonce
described in Exhibii 17. No decision wos rendered during thot meeting ond, despite
numerous efforts on our port to move the process forword since then, no decision hos
been rendered ond the GCHA hos been relotively unresponsive to our inquiries os to if,
or when, o decision might be forthcoming. Since the BOCC gronted finol plot
opprovol more thon o yeor ogo, ond since mony of the ottoched documents were
prepored six or more months ogo, we qre requesting thot the County stoff review the
documents in their current form so lhot we con confirm whether lhe County might
reject ony of these documents due to o lock of timeliness.
We hove provided signed copies, in PDF formot, for most of the documents. Where q
document hos not been signed, we hove noted thot on the list of ottochments of the
end of this cover letter. Consistenl with Condition I (b) of ihe finol plot resolution, the
finol plot drowings themselves hove been provided in poper form for review with the
understonding thot signed mylor versions will be provided once ony sloff comments
ond revisions hove been qddressed.
4O2Park Drive'Glenwood Springs . Colorodo'8,ló01 'P:970.945.0832'F:970.945.0833' E:tim@tgmolloy.com
tSR - Filing 2 Finql Plot Droft Documents Submission
Mcty 31, 2019
The resolution opproving the finol plot for Filing 2 (Resolution No. 2018-3'l) includes 10
conditions thot ore required to be solisfied prior to signoture of the finol plot by the
Chqir of the Boqrd of County Conrnrissiorìërs (BOCC). Complionce with those
conditions ore oddressed in the following porogrophs. The octuol condition is
highlighted in bold ond the discussion oddressing complionce follows eoch condition,
A copy of Resolulion No. 20.lB-31 is included for your convenience (Exhibit 1 ).
Conditions of Approvol
l. The Applicqnl hqs 90 doys wilhin which lo sofisfy opplicoble condlllons of opprovql
ond provide the following documenlqlion for BOCC signolure qnd recordolion:
o. A plol Mylor with signed Cerlificqtes thql include Dedicqlion qnd Ownership,
Tille, Tqxes, Surveyor, ond ony morlgqgees.
b. The following qmendmenls sholl be mqde to the plot prior to obtoining
signotures. This updoled plol sholl be provided to qnd reviewed by the
Community Developmenl Deporlment qnd lhe Counly Surveyor prior lo creoling
o Mylor copy of lhe plot ond obloining ony signolures.
i. The nqme ond oddress of the surfqce owner ond minerql owners sholl be
shown on the plol.
¡¡. The vicinity mop sholl depict the locotion of Filing 2 in the contexl of the
opproved Preliminory Plqn.
i¡¡. The "Typicol Building Selbocks" lqble shqll be removed from the plot.
iv. The County Commissioners Certificqte shqll be updoted lo mqlch currenl
form.
v. A line to fill in lhe Book ond Poge for the proposed Codes Covenonls qnd
Reslrictions shqll be qdded to the plot.
vi. The building oreos within eqch lot shqll be idenlified qs Building Envelopes.
vii. The Holy Cross Righf of Woy Eqsemenl sholl be idenllfled ds "Vocoled",
nol "To Be Vocqled."
viii. The Reception Numbers shqll be filled in for the 20'Wide Holy Cross Energy
Eleclric Eosemenl; ó0'Wide Privqte Access, Ut¡lity qnd Moinlenonce
Eqsement; qnd Temporory Emergency Access, Ulility, Droinoge ond Right-
of-Woy Eqsemenl.
ix. The building envelope for Lot 3 shqll be exponded to include lhe slruclure
identified qs "Building #9" within the submitted Hisloricol Survey
conducled by Reid Archilecls in 201ó.
x. Provide o recepfion number for lhe Spring Volley Sqnitotion Dislrict
Eqsemenl. Also, lhe lots qnd subsequent building envelopes offecled by
lhis eqsemenl sholl be beller defined in order lo recreqle lhem on lhe
ground.
2
402 Park Drive 'Glenwood Springs 'Colorodo . Bl ó0i 'P:970.945.0832 . F:g20.g45.0833' E: tim@tgmolloy.com
tSR - Fiting 2 Fino! Plot Drofl Documenls Submission
Moy 31, 2019
xi. ldentify monuments found or sel olong the Filing 2 boundory.
xii. Provide q lie from lhe Cenler 1/4 Seclion 33 to the neqresl conservqlion
porcel corner.
c. Recording Fees.
Response: Pursuont to Condition I (b), o poper copy of the finol plot with fhe
revisions described in items "1" lhrough "xii" obove is included os Exhibit 2. ltem "v"
requires thot there be o line qdded to the plot for the book ond poge numbers for
the proposed Codes Covenonts ond Restrictions. This is oddressed in plot note 15
on Sheet I of the finol plol drowings, which will be filled in once ihese documents
hove been recorded. A copy of the Second Amended ond Restoted Declorotion
of the Covenonts, Conditions, Restrictions ond Eosements, to which this nofe is
referring, is olso provided os Exhibit 3. This document will be recorded olong with
the finol plot drowings.
Item "viii" requires thqt lhe reception numbers for the vorious recorded eqsements
be filled in on the finol plot drowings. These eosements hove been executed but
hove yet to be recorded. Locotions for the corresponding reception numbers hove
been provided on Sheet 3 of the finol plot drowings. The reception numbers will be
filled in once the eosements hove been recorded ond prior to recordotion of the
finol plot drowings. Copies of the executed eosements ore olso provided os
Exhibits 4, 5 ond ó.
The recording fees referred to in item "c" will be provided of the oppropriole time
ofter the BOCC Choir hos singed the finol plot drowings ond the reloted
documents included in this submission.
2. Prior lo the BOCC signolure on lhe Plql, the Applicont shqll complele lhe
Subdivision lmprovemenls Agreement (SlA). The SIA shqll be in finql compleled
form prior to scheduling the documenl for Boqrd signolure. The SIA sholl be
reviewed qnd qccepted by the County Allorney's Office qnd Community
Developmenl Deporlmenl, with qll edils compleled qnd lhe SIA signed by the
property owner, prior lo scheduling the SIA qnd Mylor plot for signolure with the
Boqrd. Edits lhot shqll be mqde to the SIA include, bul qre nol limited lo.lhe
following:
q. The SIA shqll be modified to slqle thqt the securily required under the SIA for
lqke Springs Rqnch Filing 2 sholl be held by lhe Counly in its enlirety untilthe
Finol Plqt for Filing I is vocqted. In oddition, should oll or o portion of Filing 2 be
encumbered by q conservolion eosement prior lo sqlisfoction ond releqse of the
Lqke Spring Rqnch Filing 2 Security os required by lhe SlA, then qll conservqtion
eosemenf encumbered residenliql lots within Filing 2 shqll qlso be vocoled.
3
4A2 Park Drive ' Glenwood Springs . Colorodo . 81 ó01 . P:970.945.0832' F: 970.945.0833' E: fim@tgmolloy.com
LSR - Filing 2 Finol Plot Drott Documents Submission 4
May 3l, 2019
b. The SIA shqll be modified lo indicqle lhot ony developmenl fees lo be refunded
or forwqrded to cover fufure developmenl fees shqll be bosed on lheir individuql
circumslonces ond requirements of lhe subsequent finql plot filing. The
refunding or forwqrding of ony development fees lo fulure filings sholl be of lhe
discrelion of lhe Boord of County Commissioners qnd, in lhe cqse of impocl fees,
lhe receiving enlity.
c. The SIA shqll be qmended to require thot prior to conslruction the Applicqnl shqll
obloin q Notice lo Proceed from lhe Colorodo Deporlment of Tronsporlqlion
(CDOT) for fhe occess of County Rood I l4 onto Stqte Highwoy 82. ln qddilion,
The SIA cosl eslimqle shqll be modified to include lhe improvemenls required by
the CDOT qccess permil ot Highwoy 92.
Response: The revised SIA is included os Exhibit 7. The revisions describe in item "o"
obove ore contoined in porogrqphs 3(d){iv) ond I I of the SlA. The revisions
discussed in item "b" ore contoined in porogroph I 1 of the SlA. The revision
described in item "c" obove, relotive to the cDoT notice to proceed, ore
contoined in porogroph 5(c) of the SlA. The cost for the improvemenis to ihe
intersection of County Rood I '14 ond Highwoy 82 os described in item "c" ore
included in the lost section of the Engineer's Cost Estimote, which is included os
Exhibit A to the SlA. As the Engineer's Cost Estimote wos completed in October of
2018, we request confirmotion from the County stoff os to whether lhis document is
currenf enough for finol plot submission purposes.
3. Prior lo the BOCC signolure on the Plol, the Applicont sholl complete lhe offordoble
Housing Agreement (AHA). The AHA shqll be in finql compleled form prior to
scheduling the documenl for Boqrd signolure. The AHA sholl be reviewed ond
occepled by the County Atlorney's Otfice, the Gqrfield County Housing Authority
(GCHA) qnd Community Developmenl Deportmenl, with qll edils complefed ond
signed by lhe property owner qnd lhe GCHA, prior lo scheduling the AHA qnd
Mylor plol for signolure with the Boord. The following omendmenls to lhe AHA shqll
be mode:
q. The AHA shqll be modified lo require thqt the unil be deed reslricled qnd
become qvqilqble os qn qffordqble housing unit qt lhe lime thol groding begins
on Filing 2;
b. The AHA shqll be modified lo the sqtisfoction of the GCHA lo provide o dclte
when fhe inlerim renlol qffordqble unit will lerminqte qnd the ovoilobility of the
permonenl for sqle unil will begin;
c. The AHA sholl be modified to require lhot prior lo recording of the deed
reslriclion for lhe inlerim qtfordqble renlsl unil, the property owner sholl enler
inlo qn Atfordqble Housing Monogemenl Agreemenl wlth lhe Gorfield County
Housing Aulhorlly;
402 Park Drive 'Glenwood Springs 'Colorodo . Bl óOl . P:970.945.0832 . F:920.945.0833 . E: tim@tgmolloy.com
tSR - Filing 2 Finql Plqt Droft Documents Submission 5
Moy 31,2019
d. The AHA shqll qddress how mqintenqnce qnd snow removqlwill be monoged
for lhe inlerim renlol un¡l; ond
e. The AHA shqll oddress inspeclion of lhe unit by Gorfield Counly qnd/or lhe
GCHA for compliqnce with building code slondqrds qnd HUD'specified Housing
Quolity Slqndqrds.
Response: The AH Plon ond Agreement (AHA) for Filing 2 is included qs Exhibit B.
Items "o" through rte' obove were oddressed in the revised AHA ond the ottoched
version hos been reviewed by the Director of the Gorfield County Housing Authority
os well os by the Appliconts. As discussed in the introductory porogroph of this
letter, we hove been unoble to obtoin the required signoture from the GCHA on
this ogreement qnd we continue to work to resolve this issue. The AHA includes o
signoture block for the BOCC Choir.
4. Prior to the BOCC signolure on the Plql, lhe Appliconl shqll conducl qn opproisol of
the lols to be utilized for security purposes under the SlA. ln oddition, lhe Applicont
sholl provide ony necessqry qdditionql security in order lo meel lhe requirements of
the Lond Use ond Developmenl Code, os omended. The SIA shqll be updoted lo
reflect the proposed security. The SIA qnd securily documents shqll be reviewed
qnd occepled by the Counly Altorney's Office qnd Community Development
Deporlmenl prior lo scheduling the Mylor Plql for signolure with the Boqrd.
Response: While we hove included on opproisol to estoblish the volue of the lots in
Filing 2 (Exhibit 9), we would point out thot lhe Berkeleys ore considering on
olternotive opproCIch to sotisfying the finonciol security requirements discussed in
Section 3 of the SlA. Ihe new opprooch, which hos been discussed in generol
terms with the County sloff, involves plocing o lien on londs thot ore owned by ihe
Berkeleys but which ore not port of Filing 2. We will be contocting the stoff lo
discuss this opprooch in greoter deloil. However, the SIA will most líkely need to be
revised to reflect this chonge. Since the opproisol included in Exhibit 9 wos
completed in November of 20,l8, we request confirmotion from the County stoff os
to whether lhis document is current enough for your purposes.
5. Prior to the BOCC signolure on lhe Plol, lhe Appliconl shqll remove reference in qll
opplicoble documenls qnd plots lo lhe prohibition on lhe filing of fulure finol plots
os o form of securily.
Response: All reference to the prohibition on the filing of future finol plots os o form
of security hos been removed from the Finol Plot drowings, Subdivision
lmprovements Agreement (SlA), Declorolion of Covenonts (CCR's) ond oll other
finol plot documents included with this cover letter.
402 Park Drive . Glenwood Springs . Colorodo . Bl ó01 'P:970.945.0832' F:920.945.0833' E: tim@tgmolloy.com
tSR - Filing 2 Finol Plol Drofl Documents Submission ó
May 3l,20tq
ó. Prior lo the BOCC signolure on lhe Plql, the Appllcont sholl obtoln qn dccess permil
for Filing 2 lo qccess County Rood I14. A copy of the opproved qccess permit sholl
be submitted qnd occepled by the Communlty Development Deporlmenl.
Response: Approved occess permits for Spring Volley Rood, ond the roodwoy thot
will provide occess to the centrol woter system focilities for the subdivision, hove
been obtoined ond ore included os ExhÌbits l0 qnd I I . While these roodwoys
occess CR I l4 of thot the some locotion, the County Rood ond Bridge Deportment
required two seporote occess permits.
7. Prior lo the BOCC signolure on lhe Plol, lhe Appliconl shqll obtoln lhe finol Nolionql
Pollutqnl Dischorge Eliminqlion Syslem Permil (NPDES) qnd oir pollulion permits from
CDPHE. These permils sholl be submitled ond qccepted by lhe Communily
Developmenl Deportmenl.
Response: The opproved stormwoter dischqrge permit is included os Exhibit 12.
Regording thc Colorodo Deportment of Heolth qnd Environment (CDPHE) oir
pollution permif, the Appliconls contocted the Air Pollution Control Division of the
CDPHE (APCD) regording the opplicoble oir pollution permit. According to APCD,
the projeci is not subject to ony reporting or permitting provisions of the Colorodo
Air Quolity Control Commission Regulotions. We hove provided o letter from the
APCD confirming thot they hove reviewed the pertinent informotion reloted to
Filing 2 ond determined thot, os o project thol will involve lond disturbonce less
thon 25 contiguous ocres qnd for o period of less thon ó months, the project does
not need to report oir emissions to the APCD (see Exhibit l3). While no permit is
necessqry, fhe project is still required to utilize fugitive dust control meosures during
consfruction ond on opplicotion for on Air Pollution Emission Notice will be
submitted to lhe APCD prior to submission of the groding permit for Filing 2.
8. Prior lo lhe BOCC signolure on the Plql,lhe Appliconl sholl provide evidence thql
the Cqrbondqle Fire Proleclion Dislricl lmpoct Fee hos been poid in full. The lotql
qmounl of this impocl fee sholl be determined by lhe Cqrbondqle Fire Profeclion
Dislricl.
Response: Exhibit l4 is on lmpoct Fee Receipt from the Corbondole ond Rurol Fire
Protection District (CRFPD) confirming thot the required fees were poid on
November 16,2018.
9. Prior lo the BOCC signoture on the Plql, lhe Applicont sholl provide the following
regording noxious weeds, weed mqnqgemenl, qnd revegelolion security. These
documenls sholl be reviewed qnd occepted by the Gorfield Counly Communlty
Developmenl Deporlmenl qnd lhe Gqrfield County Vegetolion Monogemenl
Deporfmenl.
402 Park Drive . Glenwood Springs'Coloroclo . Bl ó0'l , P:970.945.0832 . F: 970.945.0833. E:tim@tgmolloy.com
tSR - Fifing 2 Finql Plqt Drqfl Documenls Submission 7
Moy 31,2019
o. The Applicont shqll provide o noxious weed invenlory ond/or mop for oll
Gorfield Counly listed noxious weeds, including Russiqn-olive;
b. The Applicont shqll provide q weed mqnqgemenl plon thqt will qddress lhe
lreolmenl of ony noxious weeds identified on lhe site by Seplember 30,2018;
qnd,
c. The Applicont sholl provide q revegetolion secur¡ty in lhe omounl of $22,500 (9
qcres of dislurbqnce x $2,500). The security sholl be included in lhe overoll
security omounl qnd Summory of Engineer's Eslimqled Proboble Preliminory
Conslruclion Cosl for Filing 2. The security sholl be held by Gqrfield Counly unlil
vegetolion hos been successfully reesloblished occording to the Reclomqlion
Stqndords section in the Gqrfield County Weed Monogemenl Plqn. The
Reclqmqtion Stqndords qt the dqfe of permil issuqnce ore ciled in Seclions 4.0ó,
4.07 ond 4.08 of lhe Gqrfield County Weed Monogement Plqn (Resolution #16-
12).
Response: Exhibit l5 is o noxious weed inventory ond monogement plon for the
oreo included within Filing 2. The noxious weed inventory wos completed on July
27,2018 ond complies with the requirement in Condition 9(b) lhot ony noxious
weeds be identified prior to Seplember 30, 2018. The weed monogement plon wos
prepored by Kim Bock of Primo Plont Services who is o certified orborist qnd
licensed pesiicide opplicotor.
The cost for site revegetotion hos been incorporoted in the Engineer's Cost
Estimote, which is include os Exhibit A of the Subdivision lmprovements Agreement
(Exhibit 7). The revegetotion cost con be found in the lost line item in the groding
ond eorthwork section of the Engineer's Cost Estimote. This cost is incorporoted in
the colculotion of the finonciol security which is discussed in lhe Subdivision
lmprovements Agreemenf qnd is summorized in the response to Conditions 2 ond 4
of this cover letter.
l0.Prior to lhe BOCC signoture on the Plql, lhe Appliconl shqll provide the following
informqlion regording lhe proposed qtfordqble housing unil.
o. A wqler quonlity lest for lhe woter source serving lhe offordqble housing unit
conducted in conformqnce with Section 4'203(MXlXbXSXo); onO
b. A wqler quolity tesl for lhe wqler source serving lhe qffordoble housing unil
conducled in conformonce with Seclion 4-203(MXlXbXSXc).
Response: The results of lhe woter quontity ond quolity testing for the woter source
thot will serve the interim qffordoble housing unit ore provided in the report from
Zonconello ond Associqtes, lnc. (Exhibit 1ó). The proposed wqter source is the
Berkeley Spring, which is locoted on the eost side of the duck pond ond is the
currenl woter source for the existing cobin thot will serve os the interim offordoble
402 Park Drive . Glenwood Springs . Colorodo' 8l ó01 'P:970.945.0832't:970.945.0833 ' E: lim@igmolloy.com
tSR - Filing 2 Finql Plot Drott Documenls Submission
Mcty 31,2019
housing unit. The woter quolity testing shows thot only one porometer exceeded
the opplicoble stote stondords for drinking woter. The exceeded porometer wos
for Totql Coliform Bocterio which con be oddressed through chlorine treotment.
The Zoncqnello Report concludes thot the existing spring, pump ond pipeline ore
suitoble to meet the demonds of the exísting cobin qnd thot the woter is suiloble
for drinking if treoted vio low dosoge chlorine injection. The Appliconts commit to
instoll the oppropriote chlorine injection equipment prior to deed restricting the
cobin for use os qn offordoble housing unil.
Pleose contsct me if you hove orry queslions regording the enclosed documents or if
you require ony odditionol informotion.
Regords,
Tim Molloy, Principol
TG Molloy Consulting, LLC
CC: Mike Berkeley
list of Enclosed Exhibits
I
Exhibit l:
Exhibii 2:
Exhibit 3:
Exhibit 4:
Exhibit 5:
Exhibit ó:
Exhibit Z:
Exhibit 8:
Exhibit 9:
Exhibit 10:
Exhiblt I l:
Exhibit l2:
Exhibit I3:
Exhibit l4:
Exhibit l5:
Exhibit I ó:
Exhibit l7:
BOCC Resolution No. 20,l 8-31
Finol Plot Drowings (poper copies)
Second Amended ond Restoted Declorotion of Covenonts, Conditions,
Restrictions ond Eosements;
Holy Cross Energy Rightof-Woy Eosement;
Privote Access, Utility ond Moinfenonce Eosement Deed (Tonk Rood)
Access, Ut¡lity, Droinoge ond ROW Eosement Deed (Springs Volley Rood)
Subdivision I mprovements Agreement;
Affordoble Housing Plon ond Agreement; Not Siqned
Approisol (Nosh-Johnson Associotes)
Counfy Drivewoy Permit (Spring Volley Rd./CR 114- West Leg)
county Drivewoy Permit (Spring Volley Rd./cR 114 - Eost Leg) Not Siqned
CDPHE Stormwoter Dischorge Permii;
CDPHE Letter Regording Air Pollutíon Permitting;
CRFPD lmpoct Fee Receipt;
Noxious weed lnventory ond Monogement Plon (Primo Plont Services);
Woter Quontity & Quolity Report - lnterim AH Unit Woter Supply
(Zonconello ond Associqtes, lnc.)
GCHA Grievonce Letter
402 Pork Drive ' Glenwood Springs 'Colorocjo . Bl ó01 , P:97A.945.0832 . F:920.945.0833. E: tim@tgmolloy.com