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HomeMy WebLinkAbout1.00 General Application MaterialsCommunity Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970)945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION Administrative Review Development in 100-Year Floodplain Limited Impact Review Development in 100-Year Floodplain Variance Major Impact Review Code Text Amendment Amendments to an Approved LUCP LIR MIR SUP Rezoning Zone District PUD PUD Amendment Minor Temporary Housing Facility Administrative Interpretation Vacation of a County Road/Public ROW Appeal of Administrative Interpretation Location and Extent Review Areas and Activities of State Interest Comprehensive Plan Amendment Accommodation Pursuant to Fair Housing Act Pipeline Development Variance Oil & Gas Development Oil & Gas Development Amendment Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ Representative (Authorization Required) Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ PROJECT NAME AND LOCATION Project Name: _____________________________________________________________________________________ Assessor’s Parcel Number: ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___ Physical/Street Address: ________________________________________________________________ Legal Description: ______________________________________________________________________ _____________________________________________________________________________________ Zone District: ___________________________________ Property Size (acres): __________________ PROJECT DESCRIPTION Existing Use: __________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Proposed Use (From Use Table 3-403): _____________________________________________________ Description of Project: __________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ REQUEST FOR WAIVERS Submission Requirements  The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ Waiver of Standards  The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. ______________________________________________________ __________________________ Signature of Property Owner or Authorized Representative, Title Date OFFICIAL USE ONLY File Number: __ __ __ __ - __ __ __ __ Fee Paid: $_____________________________ From the desk of Lance Bleyhl Retherford Enterprises, Inc. 720-201-7385  lance.bleyhl@retherfordenterprises.com February 20, 2024 Garfield County Planning 108 8th St. Suite 401 Glenwood Springs, CO 81601 Re: Letter of Intent/Project Description PUD Amendment for Verizon Wireless Communication site. Applicant and Authorized Representative Information: Verizon Wireless c/o Retherford Enterprises, Inc Lance Bleyhl – Site Acquisition Consultant 2301 Bell Ct. Lakewood, CO 80215 Phone – 720-201-7385 Email – lance.bleyhl@retherfordenterprises.com Property Owner/Rep Information: Carbondale and Rural Fire Protection District 300 Meadowood Dr Carbondale, CO 81623 Chief Rob Goodwon Phone- 970-963-2491 Verizon has been working to locate a new wireless communication site on the parcel owned by Carbondale and Rural Fire Protection District (CRFDP) located within the Aspen Glen Golf Course and Aspen Glen PUD. The CRFPD parcel was designated in the Aspen Glen PUD as a fire station parcel. However, it has not been developed as a fire station. It has mainly been utilized as outdoor storage by the golf course per an agreement between golf course and CRFPD. Verizon and CRFPD started discussing using the parcel for a wireless communication site approximately 4 years ago. Discussions also involved the Aspen Glen Golf Course to make sure the location did not negatively impact their use of the property. The Aspen Glen HOA was also contacted early in the discussions to determine any concerns within the HOA regarding the site. A concerted effort was made to create a mutually beneficial design for all parties involved with the parcel/project. Some minor issues such as access and utilities, sale of golf course, and golf course ownership contacts substantially delayed the project. The CRFPD parcel did not have separate legal access from County road 109. This meant an access and utility easement agreement between Spirit Realty L.P. and CRFPD needed to be signed. This took a significant amount of time and delayed the project moving forward by From the desk of Lance Bleyhl Retherford Enterprises, Inc. 720-201-7385  lance.bleyhl@retherfordenterprises.com approximately 1 year. Fortunately, Aspen Glen HOA, and HOA President RJ Gallagher was able to assist with Spirit Realty contacts and facilitate signing the access and utility agreement. The Aspen Glen HOA has been very supportive of the project. They have been a driving force to keep this project moving forward. The correspondence from RJ and the HOA, their support in meeting with county, and their persistence demonstrate their desire to see this project succeed. A letter of support from the HOA is provided as part of the submittal package. We believe the design provides the lease impact while meeting Verizons coverage objectives. It also provides potential future benefit to the residents as a colocatable structure for other carriers. The added benefit to CRFPD for future revenue from those carriers, and a design which maintains viable current and future use of the parcel for all parties. I hope you see this as a benefit to the community and the connectivity of your residents and visitors. If you have any questions please call or email me 720-201-7385, lance.bleyhl@retherfordenterprises.com Sincerely, Lance Bleyhl Lance Bleyhl Site Acquisition Consultant Retherford Enterprises, Inc 58372698.1 Aspen Glen PUD Amendment Application Rezoning/Amendment Justification Report with Additional Information (Per Section 6-302(B) and Pre-Application Conference Summary) Description of Request As noted in the Garfield County Pre-Application Conference Summary, the Applicant, Carbondale & Rural Fire Protection District (“C&R FPD”), is the owner of the real estate Parcel at issue, which is documented and recognized in the Aspen Glen PUD. The Parcel is adjacent to CR 109, and houses the local fire station. The PUD describes the Parcel as part of the “Fire Station Parcel” on Sheet 7 of 27 of the Final Plat recorded in the Garfield County property records at Reception No. 476330 on 4/6/1995, but it is also addressed as part of the “Fire Station Zone District” in the Eighth Amended PUD Guidelines for the development. The Applicant proposes to add “Telecommunication Facility – Tower” to the PUD and PUD Guide – Zoning for the property as a permitted use, in connection with Verizon Wireless’ simultaneously submitted and associated application for approval to construct such a facility on the property, which will address significant coverage issues and gaps in the area for the benefit of residents, visitors, and emergency service providers. The proposed changes to the PUD and PUD Guide are provided with this Application, and generally track and will adhere to the Land Use Code’s Section 7-1102 on Telecommunications facilities, with clarifications on height and setback allowances for the facility. The facility will not interfere or conflict with or obstruct, the current use of the Parcel or surrounding area, and will complement and enhance communications in the area, thus further promoting and facilitating its existing use. A site plan for the parcel, including the area in which a telecommunications facility would be constructed, is provided herewith and in the associated facility application. The site plan shows the facility (which, as proposed, will include stealthing characteristics, and be constructed as a “monopine” facility with features similar to local coniferous trees; it will also provide for collocation) will not conflict with or compromise the use of the site for a fire station. Similarly, as the property owner/Applicant is the C&R FPD, which is in support of the Application and proposed facility, the facility will not unduly conflict with or compromise the use of the site. A more specific site plan for the proposed telecommunications facility is being simultaneously submitted as part of Verizon Wireless’ associated telecommunications facility application. In short, the addition of a telecommunications facility to a parcel housing a fire station and surrounded by a golf course, county road, and undeveloped land is both supported by area land owners and residents, and consistent with the County’s Code and related requirements. This type of pairing of uses is not uncommon, and will help to serve and improve the area, while not creating any undue burdens or other associated problems. 2 58372698.1 Review Criteria for Minor Modification (Section 6-203(C)) 1. The PUD Amendments Meet the Eight Review Criteria for Section 6-203(C), as Summarized in the Pre-Application Conference Summary 1. The proposed PUD Amendments conform to the Comprehensive Plan, as they simply add a complimentary use (allowing telecommunications facilities) to a parcel of land already designated for non-residential purposes, namely a fire station and related uses. 2. The PUD Amendments are consistent with the efficient development and preservation of the character of the development. A telecommunications facility on a lot intended for a fire station is a consistent addition of permitted uses, and will create a great benefit for the area without locating this type of structure into a residential zone or other area in which such a facility could be less consistent or complimentary. 3. The PUD Amendments do not increase the density of the area, and simply add a use to unused space on the parcel at issue. 4. The PUD Amendments add a use to a lot intended for a fire station, which added use supports that existing use and the surrounding area, and, by adding permissible development to a lot already designated for non-residential development, does not decrease the amount of dedicated Open Space. 5. The PUD Amendments do not affect, in a substantially adverse matter, either the enjoyment of the land abutting upon or across the road from the PUD or the public interest. This new use provides a needed and requested service for the benefit of those in the PUD, around the PUD, and those traveling through the area. Further, the parcel at issue is mostly surrounded by a golf course and undeveloped land, so the proposed use (particularly in the form of a stealth telecommunications facility) will not unreasonably impact area residents. 6. The PUD Amendments do not change the use category of the PUD or affected parcel between residential, commercial, or industrial uses, as they simply add telecommunications facilities as a permissible use on a parcel already designated for a fire station, and thus, there is no use category change. 7. The PUD Amendments will not confer a special benefit upon any individual person, as they will ultimately permit one or more telecommunications providers to enhance service in the area, for the benefit of the public, as well as emergency service providers. 8. The PUD Amendments will not affect the rights of the residents, occupants, and owners of the PUD to maintain and enforce its provisions at law or in equity. The Amendments merely add a permitted use, and the owner of the affected parcel approves the additional use. Further, residents and others in the area support the proposal, and have encouraged the Amendments so that a telecommunications facility can be applied for and constructed on the parcel at issue for the benefit of all living, working, and passi ng 3 58372698.1 through the area. The nearest and most impacted HOA’s support for the Application confirms this point. 2. The PUD Amendments meets the purpose and ability of the Land Use Code, as provided in 6-101.A. and B. The proposed amendments add a reasonable use to a non-residential property that is within a proper PUD zone and existing PUD, and thus conform with the general purpose of PUD zoning in the area, which permits greater design flexibility, and are in general conformance with the Comprehensive Plan. 3. The PUD Amendments meet the Development Standards as provided in Section 6-401. The proposed amendments meet the Development Standards of Section 6-401 by proposing additional permitted uses related to telecommunications facilities on a non-residential property. Adding such a complimentary use (particularly with stealthing, as proposed) ensures that non-residential uses in the area are confined to a designated parcel, thus preserving the beauty of the area and residents’ experiences. Other considerations, such as off-street parking, density, housing types, transportation and circulation system, recreational amenities, building height, lots, and phasing are either not relevant or, where relevant, addressed in the proposed Amendments and are in general conformance with the Comprehensive Plan. 4. The PUD Amendments meet the standards within Article 7, Division 1, excluding 7-101. The proposed amendments conform to Section 7 of the Land Use code in that they incorporate Section 7-1102 surrounding Telecommunications Facilities (with minor amendments specific to the proposed use for this parcel), and otherwise do not fall under or otherwise violate other provisions of Section 7. 5. The PUD Amendments meet the Rezoning Review Criteria in Section 4-113.C. The proposed Amendments will be submitted in accordance with and comply with the Rezoning process set forth in Section 4-113, specifically via the minor modification process identified as applicable by the County. In connection with their approval, the associated telecommunications facility is being applied for in conformance with existing County requirements and standards. 6. The PUD Amendments adequately establish uses and standards governing the development, density, and land use by means of dimensional or other standards. The proposed Amendments take the above standards into account, and do not violate any other sections of the Land Use Code. 4 58372698.1 Impact Analysis Under 4-203.G, Sections 1, 2, and 6 1. Adjacent Land Use. The PUD Amendments will allow telecommunications facilities on the subject parcel, which will not unduly impact adjacent property. As reflected on the vicinity map, the site, which was created for a fire station (a non-residential use), is surrounded by both a golf course and undeveloped land, so the proposed use will not impact adjacent properties (there are two separately-owned properties in the 200 foot circle around the subject parcel). While there are neighborhoods in the larger surrounding area, most notably the Aspen Glen neighborhood, the residents of that neighborhood (through their HOA) support the proposed PUD Amendments and a telecommunications facility being built on the subject parcel, along with the communication and public safety benefits that will bring to the area. A letter of support from the HOA will be provided in connection with Verizon Wireless’s contemporaneous facility application being submitted with this Application. 2. Site Features. The site is set forth in the vicinity map provided with this application. There is nothing unique about this site, or other water or topographical issues or challenges, that would make it difficult to develop for this purpose. Indeed, there are already buildings and driveways immediately adjacent to the site. 6. Environmental Impacts. The proposed PUD Amendments will allow for the construction of a telecommunications facility on the proposed parcel. Such facilities do not involve substantial development activities or structures, so the vegetative impact will be minimal. While the facilities will involve a tower of some height, the environmental impacts will be minimal, and there is not expected to be any discernable impact on or disruption to area birds and animals, including their use and migration through the area. The facility will include stealthing features and be subject to and comply with applicable laws, which include compliance with construction and design standards for telecommunications facilities, which are designed for compliance with environmental, wildlife, and birds of prey considerations. Based on its location and present use, the proposed Amendment should not impact any critical wildlife habitat. The proposed telecommunications facility provider applying for the facility is federally regulated, and performs environmental studies, including bird and wildlife impact studies, in connection with its construction and facility operations to ensure compliance with applicable standards and needs. Radiation is not a legally-permitted consideration under federal law, but numerous studies have found telecommunications facilities do not create radiation hazards. Statement of Overall Compliances with Conditions of Approval and PUD Zoning The Application complies with the Land Use Code, and Applicant is unaware of any outstanding incomplete requirements, conditions, or compliance issues surrounding the property or proposed amendment. The Applicant thus requests this Application be approved, and the proposed Amendments adopted, so that the associated application for a new telecommunications facility at this location can be approved for the parcel at issue. 5 58372698.1 ASPEN GLEN PUD AMENDMENTS [PROPOSED PUD AMENDMENT/REVISIONS TO PUD GUIDE] (Based on ASPEN GLEN PUD, Eighth Amended PUD Guidelines) Proposed revisions reflected in RED 8. Golf Course Zone District a.) Permitted Uses: Golf course, golf maintenance facility, related activities, fire/security station and accessory uses; water treatment facility; telecommunications facilities, including one macro tower/facility on the “Fire Station Parcel” on Sheet 7 of 27 of the Final Plat recorded at Reception No. 476330 on 4/6/1995, and related buildings/structures needed to support such tower and facility. b.) Golf Maintenance Building and Accessory Buildings: 1. Maximum Building Height: 25 feet 2. Building Setback from CR 109 and any adjacent residential land use sites: 25 feet c. Telecommunications Facility Standards 1. Maximum Telecommunications Facilities Height: 85 feet 2. Telecommunications Facilities setback from CR 109 and any adjacent residential land use sites: 50 feet minimum 3. Additional antennas and equipment located on existing tower shall be a permitted use. c.) Telecommunications Facilities shall otherwise comply with the County’s Land Use Code and application process, as currently set forth in Section 7-1102. PAYMENT AGREEMENT FORM GARFIELD COUNTY (“COUNTY”) and Property Owner (“APPLICANT”) ______ ____ __________________Lance Bleyhl with Retherford Enterprises______ agree as follows: 1. The Applicant has submitted to the County an application for the following Project: Verizon Wireless CO3 Aspen Glen_____________. 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time 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. 4. 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. If 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 Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person:_____Lance Bleyhl______________ Phone: (720-201-7385)___________________ Billing Contact Address: 2301 Bell Ct._______________________________________________________ City: Lakewood_____________________________ State: CO_____ Zip Code: 80215___________ Billing Contact Email: lance.bleyhl@retherfordenterprises.com________________________ Printed Name of Person Authorized to Sign: Lance Bleyhl_____________________________ ______ ________________________________ (Signature) (Date) Aspen Glen Flg 1 ParcelId OwnerName R830003 BRINDELL, CHARLES R JR & OLMSTEAD, REBEC R830002 MORGAN 1999 REVOCABLE TRUST R830010 BOMERSBACK, ALLAN MICHAEL & CHERYL LYNN R830011 ROOS, T BENJAMIN & ELIZABETH R830001 KORNASIEWICZ FAMILY TRUST DTD 11/11/2020 R830012 LEYLI 37 LLC R830023 MORTON, JOHN & MOLLY R830013 LOWDERMILK, JEFFREY A & ANNE G R830015 36 WWC LLC R083469 HOLTZE, ELIZABETH A & H STEVENS III R083363 BLB PARTNERSHIP LLC R830198 BRAMLET, DEAN A & KIENLE, JANE E R830037 MOORE, MICHAEL J & LINDA L R084300 HARRIS, JAMES R & MARY ANN R830056 ROBINSON, KENNETH A R830024 ENGLES MANAGEMENT TRUST R830199 TESSIER, AMY & BROOKS GERARD R830043 AMONETT, THOMAS N & CLAIR T R830036 BALDWIN, MARK E & SALLY P R830042 ROCKY HOLDINGS 540 LLC R830041 MARKEL LIVING TRUST DATED 2/5/04 R830040 EAGLE, ROBERT W & LAURA A R830025 YOUNG, J ROBERT LLC R830058 PARKS, TIMOTHY C & DIANE L R830044 PETRE, KIRSTEN J & MCDANIEL, GERALD W R830034 BECKWITH, STEVEN C & NANCY L R830035 MATTHIAS, BRENDAN & ABIGAIL R830026 LEE, ASHTON R & SUSAN S R830059 KIDNEY, ALAN DENIS & STELDT, JENNIE MARG R083881 BECKWITH, STEVEN C & NANCY L R083866 PENTON, STEVEN R & SHAY C R830137 SIMONS, ROBERT JR & SALLY R830061 EXLINE FAMILY TRUST, LLC R830136 KLEIN, MICHAEL A-TRUSTEE, KLEIN, MARINA R830135 ALPINE LIFE R830134 E M Y PARTNERS, LTD R830139 EAGLE TRUST R830138 JENSEN, THOR & CHRISTIE R830133 GALLAGHER, ROBERT JOSEPH JR & NANCY DWIG R830110 GILG, BETTY & DOUGLAS R830111 HARDIN, DAVID & LAURA R830132 SMITH, JAY STEVEN R830112 HOFFMANN FAMILY JOINT REVOCABLE TRUST DA R830115 ASPEN GLEN E26 LLC R830114 R830114 HARDIN, LAURA M R830131 LEAVER, GARDNER & DIANE D R830113 ASPEN GLEN E24 LLC R830119 89 FOX PROWL LLC R830130 ISGRIG, DEBORAH B REVOCABLE TRUST R083390 BROCKMAN, DOROTHY KAY R830120 WILLIAMS, KENNETH HURST R830129 COURTNEY, RANDALL & MARY SUE R830121 FOX PROWL INVESTORS LLC R830156 STREULI, EDWIN M & TRACY LEMOINE R830148 SIMONETTI FAMILY REVOCABLE TRUST R830128 LATKIEWICZ, CHRISTOPHER B & MONICA R830155 B S, LLC R830149 BARTLOMIEJCZUK, STANISLAW & ALEKSANDRA R830157 ISGRIG, DEBORAH B OF THE TRUSTEE DEBORAH R830127 BLACKBURN, KENNETH S & JODY A R830150 RENWALD, MICHELLE C & NATHAN E AS TRUSTE R830154 KILLEBREW, JASON R830126 BERUTTI, WILLIAM S & PAMELA M R044905 KRUSE, RICHARD B & KAREN JANE R830158 SISO, DR SARA LIVING TRUST & EVANS, LAUR R830151 CAIRN CAPITAL LLC R830125 EDINGER, JILL & MICHAEL R830161 SHAVER, GEORGE W R830153 CRYSTAL FORK LLC R830159 HAMPLEMAN, MARGOT R044906 COWAN, HOWARD HOUSTON & JANICE L R830124 EDELMAN, MICHAEL & DEBRA R830160 177 MOUNTAIN MEADOWS LLC R830162 UDVARHELYI, IAN STEVEN & CAROL ANN R830152 GAFFORD, GIP R830163 LAKE, JOSEPH R JR & SUSAN R R830123 ELLIS, JAMES BYRON TRUST R084460 HOMEOWNERS ASSOCIATION AT ASPEN GLEN R830167 PAYNE, CARTER R830089 BERMUDEZ, JALENE & LUIS R830165 GERSON, GORDON M JR REVOCABLE TRUST DATE R830165 GERSON, ELAINE M REVOCABLE TRUST DATED 1 R830168 WALBERT, PAULA R830170 CAMP CARBONDALE LLC R830166 SCOTT, YUN SUK R830169 SHERMAN, DIANE E LIVING TRUST R830176 THACKSTON, JOHN W & HALL, MARCIA F R830175 RICO, EMMA & JOSE LUIS R830177 REIMER, KEVIN L & LISA ANNE R830174 GINSBERG, NICOLE & ERIC & TAYLOR R830184 HOMEOWNERS ASSOCIATION AT ASPEN GLEN R830173 MIERNICKI, JOHN R005684 SPIRIT REALTY L P R830005 DAVIS, WENDY R & SCHOENBAUM, ALAN R830004 HARLEE 425 LLC R830006 MARLOW, KEITH E & MICHELLE R R830007 BEINSTEIN, JERRY & LESLIE R830022 244 RIVERS BEND LLC R083597 HICKMAN, KENNETH & KIMBERLY R830181 ASPEN GLEN GOLF COMPANY R083867 SCHIFFER, SPENCER F & LAWRENCE, NANCY R083880 TRU DATT HOLDINGS LLC R083927 DALLMAN, JAMESA. 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RIVER RANCH COMPANY 555 17TH STREET, SUITE 2400 DENVER CO 80202-3941 SPIRIT REALTY L P 3030 LBJ FREEWAY, SUITE 600 DALLAS TX 75234 CERTIFICATION OF MINERAL OWNER RESEARCH This form is to be completed and submitted with any application for a Land Use Change Permit. Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seq, requires notification to mineral owners when a landowner applies for an application for development from a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 (“LUDC”) Section 4-101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-65.5-101, et seq, “as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means.” This form is proof of applicant’s compliance with the Colorado Revised Statutes and the LUDC. The undersigned applicant certifies that mineral owners have been researched for the subject property as required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(1)(b)(4) of the Garfield County Land Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies the following (Please initial on the blank line next to the statement that accurately reflects the result of research): I own the entire mineral estate relative to the subject property; or Minerals are owned by the parties listed below The names and addresses of any and all mineral owners identified are provided below (attach additional pages as necessary): Name of Mineral Owner Mailing Address of Mineral Owner I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the LUDC. _____________________________________________ _________________________________ Applicant’s Signature Date 1C$ 6HH ([KLELW $ DWWDFKHG KHUHWR IRU PLQHUDO RRQHUV UHVHDUFK DV WR RKR KROGV PLQHUDO LQWHUHVWV LQ WKH SURSHUW\ 58360545.1 EXHIBIT A TO CERTIFICATION OF MINERAL OWNER RESEARCH Mineral Interests Research The list of mineral owners was determined by identifying the mineral owners listed on the Aspen Glen Filing 1 Plat recorded February 16, 1995, at Reception No. 476330, and searching said owners in the grantor/grantee index of the Garfield County Clerk and Recorder. The Clerk and Recorder records did not show any further conveyance of the minerals held by the parties listed below. The Applicant also searched the Garfield County Assessor records to determine if any minerals owned by the named mineral owners were severed, and none were found. Further, the Applicant has obtained a Cell Tower Information Binder from Old Republic National Title Insurance Company (“Title Binder”) for the subject property. The Title Binder describes the subject Property as “The Fire Station Parcel as Per Plat Recorded as Document No. 476330, of the Garfield County Records, containing 0.705 acres, as per Assessor” (the “Subject Property”). The plat referenced depicts the Aspen Glen Filing No. 1, a part of the Aspen Glen P.U.D. approved on June 29, 1992, by the Board of County Commissioners of Garfield County. At the time of recording of the Plat, the following mineral interests and mineral owners were identified, they are as follows: Leonis P. Chuc and Neva M. Chuc 9663 Highway 82 Carbondale, CO 81623 ¼ interest in all oil, gas, hydrocarbons, and minerals reserved in Warranty Deed recorded 12/26/58 in Book 314 at Page 160, Subsequently conveyed by quit claim deed recorded 6/28/1989 in Book 757 at Page 540. Effects : Lots 4, 5, 6, 7, 10, and 11, Section 20, and all that portion of Lots 8, 9, and 13 in Section 20, a tract of land situated in Lot 12, Sectio 20, the NE1/4 N/W1/4 and Lots 19 and 20, a tract of land situated in Lot 1, all in Section 20, Township 7 South, Range 88 West of the 6th Principal Meridian. NOTE: According to the Garfield County Assessor the Subject Property is in the NW ¼ of Section 19, Township 7, Range 88 West of the 6th Principal Meridian. An online Grantor/Grantee search of the name “Chuc” in Garfield County produced 407 documents which were reviewed and determined to not affect the Subject Property. The name “Chuc” was run vs. Leonis P. Chuc and Ceasar J. Chuc to provide a wider search inclusive of both names. 2 58360545.1 The Estate of Ceasar J. Chuc (Deceased) ¼ interest in all oil, gas, hydrocarbons, and minerals reserved in Warranty Deed recorded 9/26/61 in Book 336 at Page 570. Effects: Lots 12 and 16, Section 20; Lots 2 and 3, Section 29; all in Township 7 South Range 88 West of the 6th Principal Meridian. NOTE: According to the Garfield County Assessor the Subject Property is in the NW ¼ of Section 19, Township 7, Range 88 West of the 6th Principal Meridian See above for results of online Grantor/Grantee search of the name “Chuc.” Ella J. Chase 1/50 interest in all oil and gas reserved in deed recorded 6/121951 in Book 258 at Page 594 Effects: Lots 2 and 3, of Section 18, and Lots 3 and 4 of Section 7, Township 7 South, Range 88 West of the 6th Principal Meridian; also, Lots 6 and 7, Section 18, Township 7 South, Range 88 West of the 6th Principal Meridian lying southerly and westerly of the Roaring Fork River, also a portion of the NE1/4NE1/4 of Section 12, Township 7 South, Range 89 West of the 6th Principal Meridian. NOTE: According to the Garfield County Assessor the Subject Property is in the NW ¼ of Section 19, Township 7, Range 88 West of the 6th Principal Meridian An online Grantor/Grantee search of the name “Ella J. Chase” in Garfield County produced nineteen documents which were reviewed and determined to not affect the Subject Property. William Walter Gentry a/k/a William Gentry All oil, gas and other minerals reserved in deed recorded 5/8/1950 in Book 250 at Page 271. Effects: Lots 19, 20, 21, and 24 in Section 12, and Lots 2 and 5, Section 13, Township 7 South, Range 89 West of the 6th Principal Meridian. NOTE: According to the Garfield County Assessor the Subject Property is in the NW ¼ of Section 19, Township 7, Range 88 West of the 6th Principal Meridian The Grantor/Grantee search of the name “William Gentry” in Garfield County produced thirty-four documents which were reviewed and determined to not affect the Subject Property. 3 58360545.1 United State of America All uranium, thorium, or other material essential to the production of fissionable materials reserved in Patent recorded in Book 285 at Page 151. Effects: NE1/4 NW1/4, and Lots 19 and 20, Section 20, Township 7 South, Range 88 West of the 6th Principal Meridian. NOTE: According to the Garfield County Assessor the Subject Property is in the NW ¼ of Section 19, Township 7, Range 88 West of the 6th Principal Meridian The Title Binder identified one US Patent affecting the Subject Property, dated July 25, 1894, recorded in Book 12, Page 322, of the Garfield County records. In 1894 the Patent conveyed 150 acres to Henry Sievers, however the Patent does not reserve any mineral rights to the United States, but rather states that the property conveyed was subject to among others things, the right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the property conveyed under the Patent. A specific mineral reservation was not contained in the Patent. An online Grantor/Grantee search of the “United States of America” in Garfield County produced 2,251 documents. The first sixty documents listed were reviewed and determined to not affect the Subject Property. The remaining documents were not reviewed due to enormous number of filings, cost and time involved to review. Findings: 1. Other than the one US Patent, the Title Binder did not identify any mineral interests reserved or conveyed which affect the Subject Property. Also, no oil and/or gas leases, or notices of surface development are identified in the Title Binder. 2. None of the mineral interests identified on the Plat affect the Subject Property. 3. No severed mineral interests were identified in the Garfield County Assessor records for the mineral owners identified on the Plat. 4. A review of the Grantor/Grantee index at the Garfield County Clerk and Recorder for each of the above-referenced mineral interest owners did not identify any new mineral interests which affect the Subject Property. 5. Review of the Garfield County Assessor and Garfield County Clerk and Recorder records did not find any mineral owners associated with the Subject Property, which should be notified in connection with the Application for a Minor PUD Amendment by the Carbondale & Rural Fire Protection District (Property Owner) 4 58360545.1 and Verizon Wireless (Operator) and authorized by the Aspen Glen Homeowners Association. 6. We note that there are a number of recorded documents in Garfield County where images have not been available for review since early 1970. PROJECT TEAM GENERAL CONTRACTOR NOTES PROJECT DESCRIPTION REFERENCE DOCUMENTSSITE INFORMATION APPLICABLE CODES SITE PHOTODRAWING INDEX SHEET NO.SHEET DESCRIPTION LOCATION MAP THE UTILITIES SHOWN HEREON ARE FOR THE CONTRACTORS CONVENIENCE ONLY. THERE MAY BE OTHER UTILITIES NOT SHOWN ON THESE PLANS. THE ENGINEER/ SURVEYOR ASSUMES NO RESPONSIBILITY FOR THE LOCATIONS SHOWN AND IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO VERIFY ALL UTILITIES WITHIN THE LIMITS OF THE WORK. ALL DAMAGE MADE TO EXISTING UTILITIES BY THE CONTRACTOR SHALL BE THE SOLE RESPONSIBILITY OF THE CONTRACTOR TO REPAIR/REPLACE TO OWNER'S SATISFACTION. ALL WORK SHALL BE PERFORMED AND MATERIALS INSTALLED IN ACCORDANCE WITH THE CURRENT EDITIONS OF THE FOLLOWING CODES AS ADOPTED BY THE LOCAL GOVERNING AUTHORITIES OF GARFIELD COUNTY. NOTHING IN THESE PLANS IS TO BE CONSTRUED TO PERMIT WORK NOT CONFORMING TO THESE CODES: CODE TYPE CODE BUILDING 2018 INTERNATIONAL BUILDING CODE (IBC) MECHANICAL 2015 INTERNATIONAL MECHANICAL CODE (IMC) 2015 INTERNATIONAL FUEL GAS CODE (IFGC) PLUMBING 2015 INTERNATIONAL PLUMBING CODE (IPC) ELECTRICAL 2017 NATIONAL ELECTRICAL CODE (NEC) 2017 NATIONAL ELECTRICAL SAFETY CODE (NESC) FIRE 2015 INTERNATIONAL FIRE CODE (IFC) 2015 NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) STEEL ANTENNA TOWERS & SUPPORTS ANSI/TIA/EIA-222 LATEST EDITION MAP/PARCEL #:239319201070 AREA OF CONSTRUCTION: INITIAL BUILD (60'-0" MONOPINE) LATITUDE:39.434200° LONGITUDE:-107.264516° LAT/LONG TYPE:NAD83 CURRENT ZONING: PUD OCCUPANCY:U STRUCTURE HEIGHT: 60'-0" ADA COMPLIANCE:THIS FACILITY IS UNMANNED & NOT FOR HUMAN HABITATION TELCO PROVIDER:TBD ELECTRIC PROVIDER: XCEL ENERGY (800) 628-2121 SITE LOCATION C O 8 2 SITE NAME CO3 ASPEN GLEN 8/ 2 5 / 2 0 2 3 5 : 2 1 P M - P : \ R E T H E R F O R D E N T E R P R I S E S , I N C . ( R E I ) \ V E R I Z O N W I R E L E S S \ P R O J E C T S A S S I G N E D \ 2 8 - 0 0 0 5 _ C O 3 _ A S P E N G L E N - M O N O P I N E \ D E L I V E R A B L E S \ 2 8 - 0 0 0 5 _ C O 3 A S P E N G L E N P C D S ( R E V - D ) . D W G - T - 1 - C G O D O S T-1 SHEET TITLE SHEET NUMBER IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. 10000 PARK MEADOWS DRIVE, SUITE 300 LONE TREE, CO 80124-5453 (303) 489-7836 3798-2400 CO RD 109 CARBONDALE, CO 81623 INITIAL BUILD (60'-0" MONOPINE) CMKA10/18/2021 LUTZ, DAILY & BRAIN, LLC CONSULTING ENGINEERS 6400 GLENWOOD | SUITE 200 OVERLAND PARK | KS | 66202 RETHERFORD ENTERPRISES, INC 7093 SILVERHORN DRIVE EVERGREEN | CO | 80439 (720) 261-2064 PCD'S PR E L I M I N A R Y NO T F O R CO N S T R U C T I O N CMKB 12/16/2021 PCD'S CMKC04/11/2023 PCD'S CAGD08/25/2023 PCD'S TITLE SHEET BALD E A G L E W A Y C O R D 1 0 9 DRIVING DIRECTIONS: FROM LONE TREE, TAKE I-25 N (8.6 MILES); TAKE EXIT 209 A-B FOR US-6W/6TH AVE (0.9 MILES); KEEP RIGHT TO CONTINUE TOWARD W 6TH AVE/6TH AVE FREEWAY (0.6 MILES); KEEP LEFT AND MERGE ONTO W 6TH AVE/6TH AVE FREEWAY (0.1 MILES); CONTINUE ONTO US-6 W/W 6TH AVE/6TH AVE FREEWAY (7.7 MILES); TAKE EXIT ONTO I-70 W TOWARD GRAND JCT (58.4 MILES); KEEP LEFT TO STAY ON I-70 W (86.9 MILES); TAKE EXIT 116 TOWARD SKI AREAS/SUNLIGHT MTN/SNOWMASS/ASPEN (0.1 MILES); USE ANY LANE TO RIGHT ONTO CO-82 E (5 MILES); TURN RIGHT ONTO OLD STATE HWY 82 (0.6 MILES); SLIGHT RIGHT ONTO CO RD 109 (3.6 MILES); DESTINATION WILL BE ON THE LEFT. TITLE SHEETT-1 GENERAL NOTESN-1 GENERAL NOTESN-2 C-1 ELEVATIONS C-2 C-3 C-4 EQUIPMENT DETAILS D-1 D-2 D-3 MOUNT ASSEMBLY DETAIL D-4 SIDE-BY-SIDE MOUNTING KIT DETAIL C-5 OVERALL SITE PLAN ENLARGED SITE PLAN ANTENNA PLAN ANTENNA / CABLE SCHEDULES & PORT DIAGRAM MOUNTING DETAILS SITE GROUNDING PLANG-1 AC ONE-LINE DIAGRAM & SCHEDULESE-1 SITE NAME:C03 ASPEN GLEN - A PROJECT ID: 2589018 PROJECT: INITIAL BUILD (60'-0" MONOPINE) SITE ADDRESS: 3798-2400 CO RD 109 CARBONDALE, CO 81623 COUNTY: GARFIELD JURISDICTION: GARFIELD COUNTY GOOGLE MAPS 2023 N.T.S. NORTH APPLICANT/CLIENT: VERIZON WIRELESS 10000 PARK MEADOWS DRIVE SUITE 300 LONE TREE, CO 80124-5453 1. GENERAL CONTRACTORS & SUBCONTRACTORS SHALL VERIFY EXISTING CONDITIONS ON THE JOB SITE ALONG WITH ALL PLANS & DIMENSIONS. NOTIFY THE ENGINEER OF RECORD OF ANY DISCREPANCIES BEFORE PROCEEDING WITH THE WORK OR BE RESPONSIBLE FOR SAME. 2. DRAWINGS ARE TO SCALE WHEN PLOTTED ON 11"X17" SHEET. USE DIMENSIONS SHOWN - DO NOT SCALE DRAWING. CONTACT RELIANT LAND SERVICES (RLS) FOR FURTHER INFORMATION. 3. CALL BEFORE YOU DIG. COLORADO LAW REQUIRES 2 WORKING DAYS NOTICE FOR CONSTRUCTION PHASE. CALL 811 OR COLORADO811.ORG - SEE THE EXCAVATOR HANDBOOK FOR MORE INFORMATION. 4. THESE DRAWINGS MAY NOT SHOW ALL UNDERGROUND/BUILDING PIPING & UTILITIES.THE CONTRACTOR SHALL EXERCISE EXTREME CARE DURING ALL EXCAVATION & OTHER CONSTRUCTION ACTIVITIES. PROPERTY OWNER CARBONDALE & RURAL FIRE PROTECTION DISTRICT 300 MEADOWOOD DR CARBONDALE, CO 81623 CONSTRUCTION ENGINEER: VERIZON WIRELESS LORI BAKER (913) 660-2335 LORI.BAKER2@VERIZONWIRELESS.COM RF ENGINEER: VERIZON WIRELESS MARK BRESSLER (720) 830-6418 MARK.BRESSLER@VERIZONWIRELESS.COM ENGINEERING FIRM: LUTZ, DAILY & BRAIN, LLC CHRIS KOHRS (913) 831-0833 6400 GLENWOOD, SUITE 200 OVERLAND PARK, KS 66202 SITE ACQUISITION: RETHERFORD ENTERPRISES, INC LANCE BLEYHL (720) 201-7385 7093 SILVERHORN DR EVERGREEN, CO 80439 THIS PROJECT CONSISTS OF THE FOLLOWING: REMOVE ·(1) EXISTING ACCESS GATE RFDS BY VERIZON WIRELESS DATED: 05/01/2023 ACCESS NOTES: NO SPECIAL ACCESS AT THIS LOCATION TOPOGRAPHIC SURVEY BY ALTURA DATED: 07/07/2021 1A CERTIFICATION BY ALTURA DATED: 03/16/2022 INSTALLATION ·(1) NEW MONOPINE TOWER W/ FOUNDATION (DESIGN BY OTHERS) ·(1) NEW MOUNT ASSEMBLY ·(4) NEW LTE ANTENNAS W/ (2) NEW DUAL MOUNTS ·(2) NEW C-BAND ANTENNAS ·(1) NEW OVP ·(2) NEW 6x12 HYBRID CABLES ·(4) NEW RRHS ·(1) NEW ACCESS GATE ·(1) NEW COMPOUND CHAIN LINK FENCE W/ GATE ·(1) NEW CONCRETE PAD ·(1) NEW WALK-IN CABINET ON CONCRETE PAD ·(1) NEW GENERATOR ON CONCRETE PAD ·(1) NEW ICE BRIDGE ·(1) NEW UTILITY H-FRAME W/ METER DISCONNECT, METER & SERVICE DISCONNECT ·NEW EQUIPMENT RACKS & BATTERIES IN WALK-IN CABINET ·NEW UNDERGROUND ELECTRICAL SERVICE ·NEW UNDERGROUND TELCO SERVICE ·NEW GROUNDING GENERAL NOTESN-3 GENERAL NOTESN-4 ANTENNA, SECTOR FRAME & ICE BRIDGE GROUNDING PLANG-2 DETAILS D-5 D-6 D-7 D-8 / D-9 / D-10 EQUIPMENT DETAILS LOW PIM HARDWARE DETAILS GENERATOR DETAIL ICE BRIDGE DETAIL REF 10x10 WALK-IN CABINET DETAILS GROUNDING DETAILSG-4 LS1 LS2 LS3 TOPOGRAPHIC SURVEY TOPOGRAPHIC SURVEY TOPOGRAPHIC SURVEY D-11 D-12 SIGNAGE DETAILS GROUNDING DETAILSG-3 C-6 GRADING PLAN UG E UG E UG E UG E UG E UG E UG E UG E UG E UG E UG E UG E UG E UG E UG E UG E UG E UG E UG E UG E X X X X X X UG F UG F UG F UG F UG F UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UG E UG E UG E UG E UG E U G E UG E UG E UG E UG E UGE X X X X XXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X UG E UG E UG E UG E UG E UG E UGE UGE UGE UG E U G E U G E UG E W W W W W W W U G F UGF UGF UGF UGF UGF UGF UGF UGF UGF UGF UGF UGF UGF UGF UGF UGF UGF UGF UGF UGF UGF UGF UGF UGF UGF UGF UGF UGF UGF UGF UGF UGF UGF UGF UGF UGF UGF UGF UGF UGF UGF G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G UGE SITE NAME CO3 ASPEN GLEN 8/ 2 5 / 2 0 2 3 5 : 2 1 P M - P : \ R E T H E R F O R D E N T E R P R I S E S , I N C . ( R E I ) \ V E R I Z O N W I R E L E S S \ P R O J E C T S A S S I G N E D \ 2 8 - 0 0 0 5 _ C O 3 _ A S P E N G L E N - M O N O P I N E \ D E L I V E R A B L E S \ 2 8 - 0 0 0 5 _ C O 3 A S P E N G L E N P C D S ( R E V - D ) . D W G - C - 1 - C G O D O S C-1 SHEET TITLE SHEET NUMBER IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. 10000 PARK MEADOWS DRIVE, SUITE 300 LONE TREE, CO 80124-5453 (303) 489-7836 3798-2400 CO RD 109 CARBONDALE, CO 81623 INITIAL BUILD (60'-0" MONOPINE) CMKA10/18/2021 LUTZ, DAILY & BRAIN, LLC CONSULTING ENGINEERS 6400 GLENWOOD | SUITE 200 OVERLAND PARK | KS | 66202 RETHERFORD ENTERPRISES, INC 7093 SILVERHORN DRIVE EVERGREEN | CO | 80439 (720) 261-2064 PCD'S PR E L I M I N A R Y NO T F O R CO N S T R U C T I O N CMKB 12/16/2021 PCD'S CMKC04/11/2023 PCD'S CAGD08/25/2023 PCD'S OVERALL SITE PLAN SCALE: 1" = 0 40'80'40' 40'-0" CO RD 109 EXISTING TRANSFORMER EXISTING FIRE HYDRANT EXISTING FIRE STATION PARCEL (PARCEL # 239319201070) (SEE ATTACHED TOPOGRAPHIC SURVEY) EXISTING FENCE CO R D 1 0 9 NEW 20' X 44' LEASE AREA NEW 57.65'± FIRE STATION 5'-0" UTILITY EASEMENT (NEW) 87.80'± GOLF COURSE 5'-0" UTILITY EASEMENT NEW 65.94'± FIRE STATION 5'-0" UTILITY EASEMENT NEW 115.01'± GOLF COURSE 12'-0" ACCESS/UTILITY EASEMENT NEW 123.61'± FIRE STATION 12'-0" ACCESS/UTILITY EASEMENT REMOVE EXISTING GATE & INSTALL NEW GATE EXI S T I N G DRI V E W A Y NEW VZW QUAZITE VAULT (MFR. MODEL PG1730Z80809 OR APPROVED EQUAL) (NEW FIBER TO BE CONNECTED TO EXISTING FIBER AS REQ'D) NEW ACCESS GATE 67 ' - 0 " ± 9 6 ' - 0 " ± 89'-3"± 59'-4"± (2) NEW 4" CONDUITS IN TRENCH (CAP BOTH ENDS OF (1) NEW CONDUIT FOR FUTURE USE) (11x17 SCALE) NORTH SCALE: 1" = 40'-0" 1 OVERALL SITE PLAN ANTENNASCOLOR LEGEND:RRH/BBU LEASE AREAFIBER PENETRATIONS HYBRID/COAX CABLES GENERAL CONSTRUCTION MW/FIBER EQUIPMENT OVP & ELECTRICAL EQUIPMENT POWER & GROUNDING ACCESS & UTILITY EASEMENT NOTES: 1. ALL INFORMATION SHOWN ON PLANS IS CREATED FROM INFORMATION PROVIDED BY VZW, SITE WALK PRE-AUDIT & SITE WALK PHOTOS. THIS INFORMATION MUST BE FIELD VERIFIED BY THE CONTRACTOR PRIOR TO & DURING CONSTRUCTION. 2. WHEN SITE ACCESS REQUIRES OPENING GATES/DOORS, THE CONTRACTOR SHALL BE FULLY RESPONSIBLE FOR MAINTAINING AND SECURING EXISTlNG PERIMETER FENCING AND/OR ALL EXISTING ACCESS LOCATIONS. DO NOT ALLOW THE ACCESS GATES/DOORS OF THE WORK AREA TO REMAIN OPEN OR UNATTENDED AT ANY TlME FOR ANY REASON. KEEP ALL ACCESS GATES/DOORS CLOSED AND LOCKED WHEN NOT IN USE. 3. ALL PROPERTY LINES SHOWN ARE DERIVED FROM LAND SURVEY AS PROVIDED BY OTHERS. 4. CONTRACTOR TO FIELD VERIFY LOCATION OF ALL (E) UTILITIES & PROTECT AS REQ'D DURING CONSTRUCTION. 5. CONTRACTOR TO INSTALL SAFETY SIGNAGE AS REQ'D (NOT SHOWN) & SHALL CONFORM TO VZW STANDARDS (SEE SHEET D-12 FOR SIGNAGE DETAILS). 6. ALL ITEMS SHOWN ARE EXISTING UNLESS NOTED OTHERWISE. C-2 1 C-3 1 UGE UGE UGE UGE UGE UGE UGE UGE XXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X XXXXXXXXXXXXXXXXX X X X X X X X X X UGFUGFUGFUG F UG F UG F UG F UG F UG F UG F UG F UG F UG F UG F UG F UG F UG F UG F UG F HYBRIDHYBRIDHYBRIDHYBRIDHYBRIDHYBRID UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE SITE NAME CO3 ASPEN GLEN 8/ 2 5 / 2 0 2 3 5 : 2 1 P M - P : \ R E T H E R F O R D E N T E R P R I S E S , I N C . ( R E I ) \ V E R I Z O N W I R E L E S S \ P R O J E C T S A S S I G N E D \ 2 8 - 0 0 0 5 _ C O 3 _ A S P E N G L E N - M O N O P I N E \ D E L I V E R A B L E S \ 2 8 - 0 0 0 5 _ C O 3 A S P E N G L E N P C D S ( R E V - D ) . D W G - C - 2 - C G O D O S C-2 SHEET TITLE SHEET NUMBER IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. 10000 PARK MEADOWS DRIVE, SUITE 300 LONE TREE, CO 80124-5453 (303) 489-7836 3798-2400 CO RD 109 CARBONDALE, CO 81623 INITIAL BUILD (60'-0" MONOPINE) CMKA10/18/2021 LUTZ, DAILY & BRAIN, LLC CONSULTING ENGINEERS 6400 GLENWOOD | SUITE 200 OVERLAND PARK | KS | 66202 RETHERFORD ENTERPRISES, INC 7093 SILVERHORN DRIVE EVERGREEN | CO | 80439 (720) 261-2064 PCD'S PR E L I M I N A R Y NO T F O R CO N S T R U C T I O N CMKB 12/16/2021 PCD'S CMKC04/11/2023 PCD'S CAGD08/25/2023 PCD'S ENLARGED SITE PLANNORTH NE W 6 0 K W G E N E R A T O R W/ D I E S E L F U E L BE L L Y T A N K O N N E W CO N C R E T E P A D 3'-0" WORKING CLEARANCE NEW VZW WALK-IN CABINET (INSIDE EQUIPMENT DESIGN BY VZW) 10'-0" 10 ' - 0 " SCALE: 1/4" = 1'-0" 4 2 0 4 8 NEW 44'-0" VZW LEASE AREA NE W 2 0 ' - 0 " VZ W L E A S E A R E A 8'-0" NEW FIRE STATION 12'-0" ACCESS/UTILITY EASEMENT NEW FIRE STATION 5'-0" UTILITY EASEMENT NEW FIRE STATION 5'-0" UTILITY EASEMENT 10 ' - 0 " NEW FIRE STATION U.G. CONDUIT FOR FUTURE USE (CAP BOTH ENDS) NEW 60'-0" MONOPINE TOWER W/ FOUNDATOIN (DESIGN BY OTHERS) (11x17 SCALE)SCALE: 1/4" = 1'-0" 1 ENLARGED SITE PLAN ANTENNASCOLOR LEGEND:RRH/BBU LEASE AREAFIBER PENETRATIONS HYBRID/COAX CABLES GENERAL CONSTRUCTION MW/FIBER EQUIPMENT OVP & ELECTRICAL EQUIPMENT POWER & GROUNDING ACCESS & UTILITY EASEMENT 22'-0" 11 ' - 6 " 5'-0" 5' - 0 " 7' - 3 " ± 4'-11"± NEW 12'-0" GATE 5' - 2 " 4' - 0 " 4'-0" 4 7 / 8 " 4 7 / 8 " 4" NEW UTILITY H-FRAME W/ NEW METER DISCONNECT, METER & MAIN DISCONNECT NEW U.G. ELECTRICAL A L P H A S E C T O R A Z I M U T H = 0 ° BETA SECTOR AZIMUTH =110° NEW MOUNT AZIMUTHS: ALPHA: 0° BETA: 120° GAMMA: 240° NEW ANTENNA AZIMUTHS: ALPHA: 0° BETA: 110° GAMMA: N/A NEW 20' X 44' LEASE AREA NEW FENCE NOTES: 1. ALL INFORMATION SHOWN ON PLANS IS CREATED FROM INFORMATION PROVIDED BY VZW, SITE WALK PRE-AUDIT & SITE WALK PHOTOS. THIS INFORMATION MUST BE FIELD VERIFIED BY THE CONTRACTOR PRIOR TO & DURING CONSTRUCTION. 2. WHEN SITE ACCESS REQUIRES OPENING GATES/DOORS, THE CONTRACTOR SHALL BE FULLY RESPONSIBLE FOR MAINTAINING AND SECURING EXISTlNG PERIMETER FENCING AND/OR ALL EXISTING ACCESS LOCATIONS. DO NOT ALLOW THE ACCESS GATES/DOORS OF THE WORK AREA TO REMAIN OPEN OR UNATTENDED AT ANY TlME FOR ANY REASON. KEEP ALL ACCESS GATES/DOORS CLOSED AND LOCKED WHEN NOT IN USE. 3. ALL PROPERTY LINES SHOWN ARE DERIVED FROM LAND SURVEY AS PROVIDED BY OTHERS. 4. CONTRACTOR TO FIELD VERIFY LOCATION OF ALL (E) UTILITIES & PROTECT AS REQ'D DURING CONSTRUCTION. 5. CONTRACTOR TO INSTALL SAFETY SIGNAGE AS REQ'D (NOT SHOWN) & SHALL CONFORM TO VZW STANDARDS (SEE SHEET D-12 FOR SIGNAGE DETAILS). 6. ALL ITEMS SHOWN ARE EXISTING UNLESS NOTED OTHERWISE. HYBRIDHYBRIDHYBRID HY B R I D HY B R I D HY B R I D HY B R I D HY B R I D HY B R I D HY B R I D HY B R I D HY B R I D HY B R I D HY B R I D HY B R I D HY B R I D HY B R I D HY B R I D HY B R I D HY B R I D ELEVATIONS SITE NAME CO3 ASPEN GLEN 8/ 2 5 / 2 0 2 3 5 : 2 1 P M - P : \ R E T H E R F O R D E N T E R P R I S E S , I N C . ( R E I ) \ V E R I Z O N W I R E L E S S \ P R O J E C T S A S S I G N E D \ 2 8 - 0 0 0 5 _ C O 3 _ A S P E N G L E N - M O N O P I N E \ D E L I V E R A B L E S \ 2 8 - 0 0 0 5 _ C O 3 A S P E N G L E N P C D S ( R E V - D ) . D W G - C - 3 - C G O D O S C-3 SHEET TITLE SHEET NUMBER IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. 10000 PARK MEADOWS DRIVE, SUITE 300 LONE TREE, CO 80124-5453 (303) 489-7836 3798-2400 CO RD 109 CARBONDALE, CO 81623 INITIAL BUILD (60'-0" MONOPINE) CMKA10/18/2021 LUTZ, DAILY & BRAIN, LLC CONSULTING ENGINEERS 6400 GLENWOOD | SUITE 200 OVERLAND PARK | KS | 66202 RETHERFORD ENTERPRISES, INC 7093 SILVERHORN DRIVE EVERGREEN | CO | 80439 (720) 261-2064 PCD'S PR E L I M I N A R Y NO T F O R CO N S T R U C T I O N CMKB 12/16/2021 PCD'S CMKC04/11/2023 PCD'S CAGD08/25/2023 PCD'S BOTTOM OF NEW MONOPINE TIP 17'-0" ℄ FUTURE CARRIER T.B.D. ℄ FUTURE CARRIER CL T.B.D. ℄ NEW VZW LTE ANTENNAS 57'-0" TOP OF NEW TOWER & NEW VZW ANTENNAS 60'-0" TOP OF NEW MONOPINE TIP 65'-0" NEW VZW WALK-IN CABINET ON NEW CONCRETE PAD NEW GENERATOR W/ DIESEL FUEL BELLY TANK ON NEW CONCRETE PAD NEW ICE BRIDGE NEW 6'-0" CHAINLINK FENCE (TYP.) (DESIGN BY OTHERS) NEW 60'-0" MONOPINE TOWER W/ FOUNDATION (DESIGN BY OTHERS) (3) NEW VZW SECTOR FRAMES NEW VZW ANTENNAS & EQUIPMENT (SEE NOTES 2 & 3, THIS SHEET) (12) FUTURE CARRIER ANTENNAS W/ MOUNTS & EQUIPMENT (12) FUTURE CARRIER ANTENNAS W/ MOUNTS & EQUIPMENT (2) NEW 6x12 HYBRID CABLES ROUTED IN NEW MONOPINE GRADE LEVEL 0'-0" ℄ NEW VZW C-BAND ANTENNAS 58'-8" ℄ FUTURE MW ANTENNA W/ MOUNT & ICE SHIELD T.B.D.FUTURE MW ANTENNA W/ MOUNT & ICE SHIELD SCALE: N.T.S. 1 SOUTH ELEVATION - LOOKING NORTH ANTENNASCOLOR LEGEND:RRH/BBU LEASE AREAFIBER PENETRATIONS HYBRID/COAX CABLES GENERAL CONSTRUCTION MW/FIBER EQUIPMENT OVP & ELECTRICAL EQUIPMENT POWER & GROUNDING ACCESS & UTILITY EASEMENT 2 NOTES COLOR REFERENCE CODE LTE ANTENNAS, C-BAND ANTENNAS, RRH'S, OVP'S, NEW PIPING, NEW HARDWARE 34272 COLOR REFERENCE CODE IS BASED OFF OF THE FEDERAL STANDARD 595 COLORS GREEN NOTES: 1. ALL INFORMATION SHOWN ON PLANS IS CREATED FROM INFORMATION PROVIDED BY VZW, SITE WALK PRE-AUDIT & SITE WALK PHOTOS. THIS INFORMATION MUST BE FIELD VERIFIED BY THE CONTRACTOR PRIOR TO & DURING CONSTRUCTION. 2. PAINT ALL NEW LTE ANTENNAS, RRH'S, OVP'S, PIPES & HARDWARE W/ NON-METALLIC PAINT TO MATCH THE COLOR OF NEW MONOPINE BRANCHES. GC TO VERIFY COLOR REFERENCE CODE. 3. NEW C-BAND ANTENNAS TO BE WRAPPED IN 3M FILM TO MATCH NEW ANTENNA COLOR. GC TO VERIFY COLOR REFERENCE CODE. 4. INSTALL ALL NEW EQUIPMENT PER MANUFACTURER & VZW STANDARDS AS REQ'D. 5. INSTALL GROUNDING PER MANUFACTURER & VZW STANDARDS AS REQ'D. NEW GPS ANTENNA NEW UTILITY H-FRAME W/ NEW METER DISCONNECT, METER & MAIN DISCONNECT HY B R I D HY B R I D HY B R I D HY B R I D HY B R I D HYBRID HYBRID HYBRID HYBRID HYBRID SITE NAME CO3 ASPEN GLEN 8/ 2 5 / 2 0 2 3 5 : 2 1 P M - P : \ R E T H E R F O R D E N T E R P R I S E S , I N C . ( R E I ) \ V E R I Z O N W I R E L E S S \ P R O J E C T S A S S I G N E D \ 2 8 - 0 0 0 5 _ C O 3 _ A S P E N G L E N - M O N O P I N E \ D E L I V E R A B L E S \ 2 8 - 0 0 0 5 _ C O 3 A S P E N G L E N P C D S ( R E V - D ) . D W G - C - 4 - C G O D O S C-4 SHEET TITLE SHEET NUMBER IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. 10000 PARK MEADOWS DRIVE, SUITE 300 LONE TREE, CO 80124-5453 (303) 489-7836 3798-2400 CO RD 109 CARBONDALE, CO 81623 INITIAL BUILD (60'-0" MONOPINE) CMKA10/18/2021 LUTZ, DAILY & BRAIN, LLC CONSULTING ENGINEERS 6400 GLENWOOD | SUITE 200 OVERLAND PARK | KS | 66202 RETHERFORD ENTERPRISES, INC 7093 SILVERHORN DRIVE EVERGREEN | CO | 80439 (720) 261-2064 PCD'S PR E L I M I N A R Y NO T F O R CO N S T R U C T I O N CMKB 12/16/2021 PCD'S CMKC04/11/2023 PCD'S CAGD08/25/2023 PCD'S ANTENNA PLAN EQUIPMENT LEGEND: 1. NEW MONOPINE TOWER 2. NEW VZW SECTOR MOUNT (COMMSCOPE MC-K6M-9-96 OR APPROVED EQUAL) 3. (1) NEW VZW C-BAND ANTENNA (ERICSSON AIR6449) 4. (2) NEW VZW LTE ANTENNAS (JMA WIRELESS MX06FRO660-02) ON (1) NEW VZW DUAL MOUNT (JMA WIRELESS 91900314) 5. (1) NEW VZW RRH (ERICSSON 4449) 6. (1) NEW VZW RRH (ERICSSON 8843) 7. (1) NEW VZW OVP (RAYCAP RVZDC-6627-PF-48 ) 8. (2) NEW VZW 6x12 HYBRID CABLES 9. OUTLINE OF MONOPINE LIMBS 10. (1) FUTURE VZW ANTENNA 11. (1) FUTURE VZW MICROWAVE ANTENNA 1 NOTE: MONOPINE LIMBS NOT SHOWN FOR CLARITY. ANTENNA PLAN - FACING FRONT (TYP.) SCALE: N.T.S. 1 LEGEND3 ANTENNA PLAN VIEW NORTH 2 NOTES4 ANTENNASCOLOR LEGEND:RRH/BBU LEASE AREAFIBER PENETRATIONS HYBRID/COAX CABLES GENERAL CONSTRUCTION MW/FIBER EQUIPMENT OVP & ELECTRICAL EQUIPMENT POWER & GROUNDING ACCESS & UTILITY EASEMENT SCALE: N.T.S. 2 3 4 6 8 12 3 3 4 4 8 2 2 6 11 5 7 9 10 5 6 10 10 NOTES: 1. ALL INFORMATION SHOWN ON PLANS IS CREATED FROM INFORMATION PROVIDED BY VZW, SITE WALK PRE-AUDIT & SITE WALK PHOTOS. THIS INFORMATION MUST BE FIELD VERIFIED BY THE CONTRACTOR PRIOR TO & DURING CONSTRUCTION. 2. PAINT ALL NEW LTE ANTENNAS, RRH'S, OVP'S, PIPES & HARDWARE W/ NON-METALLIC PAINT TO MATCH THE COLOR OF NEW MONOPINE BRANCHES. GC TO VERIFY COLOR REFERENCE CODE. 3. NEW C-BAND ANTENNAS TO BE WRAPPED IN 3M FILM TO MATCH NEW ANTENNA COLOR. GC TO VERIFY COLOR REFERENCE CODE. 4. INSTALL ALL NEW EQUIPMENT PER MANUFACTURER & VZW STANDARDS AS REQ'D. 5. INSTALL GROUNDING PER MANUFACTURER & VZW STANDARDS AS REQ'D. COLOR REFERENCE CODE LTE ANTENNAS, C-BAND ANTENNAS, RRH'S, OVP'S, NEW PIPING, NEW HARDWARE 34272 COLOR REFERENCE CODE IS BASED OFF OF THE FEDERAL STANDARD 595 COLORS GREEN AL P H A S E C T O R AZ I M U T H = 0 ° BETA S E C T O R AZIM U T H = 1 1 0 ° NEW MOUNT AZIMUTHS: ALPHA: 0° BETA: 120° GAMMA: 240° NEW ANTENNA AZIMUTHS: ALPHA: 0° BETA: 110° GAMMA: N/A SITE NAME CO3 ASPEN GLEN 8/ 2 5 / 2 0 2 3 5 : 2 1 P M - P : \ R E T H E R F O R D E N T E R P R I S E S , I N C . ( R E I ) \ V E R I Z O N W I R E L E S S \ P R O J E C T S A S S I G N E D \ 2 8 - 0 0 0 5 _ C O 3 _ A S P E N G L E N - M O N O P I N E \ D E L I V E R A B L E S \ 2 8 - 0 0 0 5 _ C O 3 A S P E N G L E N P C D S ( R E V - D ) . D W G - C - 5 - C G O D O S C-5 SHEET TITLE SHEET NUMBER IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. 10000 PARK MEADOWS DRIVE, SUITE 300 LONE TREE, CO 80124-5453 (303) 489-7836 3798-2400 CO RD 109 CARBONDALE, CO 81623 INITIAL BUILD (60'-0" MONOPINE) CMKA10/18/2021 LUTZ, DAILY & BRAIN, LLC CONSULTING ENGINEERS 6400 GLENWOOD | SUITE 200 OVERLAND PARK | KS | 66202 RETHERFORD ENTERPRISES, INC 7093 SILVERHORN DRIVE EVERGREEN | CO | 80439 (720) 261-2064 PCD'S PR E L I M I N A R Y NO T F O R CO N S T R U C T I O N CMKB 12/16/2021 PCD'S CMKC04/11/2023 PCD'S CAGD08/25/2023 PCD'S ANTENNA / CABLE SCHEDULES & PORT DIAGRAM CABLE SCHEDULE2 NEW ANTENNA SCHEDULE ANTENNA SECTOR LENGTH WIDTH DEPTH WEIGHT (LBS) ANTENNA CENTERLINE NOTE: 1. REFER TO VZW FINAL RFDS FOR FINAL EQUIPMENT COUNT, DESIGN & ANY OTHER INSTRUCTIONS PRIOR TO CONSTRUCTION. ANTENNASCOLOR LEGEND:RRH/BBU LEASE AREAFIBER PENETRATIONS HYBRID/COAX CABLES GENERAL CONSTRUCTION MW/FIBER EQUIPMENT OVP & ELECTRICAL EQUIPMENT POWER & GROUNDING ACCESS & UTILITY EASEMENT ANTENNA POSITION ANTENNA TIP HEIGHTQTY. 1 2 3 1 2 3 1 2 3 ALPHA BETA GAMMA AZ.°MFG MODEL 2 0° JMA MX06FRO660-02 71.3" 15.4" 10.7" 57.0 57'-0" C.L. 60'-0" -- -------- -- -- ------ 1 0° ERICSSON AIR6449 30.8" 16.1" 10.8" 88.0 58'-8" C.L. 60'-0" -- -------- -- -- ------ -- -------- -- -- ------ PROPOSED PORT MAPPING DIAGRAM3 NEW CABLE SCHEDULE ANTENNA SECTOR ALPHA SHELTER OVP FROM SIZE LENGTH REMAIN / NEW 6x12 HYBRID 100' ±NEW QTY. 1 TO TOWER OVP TOWER OVP 4449 RRH 8843 RRH AIR6449 4449 RRH 8843 RRH MX06FRO660-02 1 1 1 4 8 1/2" JUMPER 1x1 HYBRID NEW NEW NEW NEW NEW 6' ± 6' ± 6' ± 6' ± 6' ± BETA GAMMA SCALE: N.T.S.SCALE: N.T.S. NOTES: 1. REFER TO VZW FINAL RFDS FOR FINAL EQUIPMENT COUNT, DESIGN & ANY OTHER INSTRUCTIONS PRIOR TO CONSTRUCTION. 2. LENGTHS & QUANTITIES ARE PROVIDED FOR ESTIMATION ONLY. FINAL LENGTH TO BE FIELD VERIFIED PRIOR TO ANY ORDERING OF MATERIALS. ANTENNA SCHEDULE1 SCALE: N.T.S. 1x1 HYBRID 1x3 HYBRID -- -------- -- -- ------ 2 110° JMA MX06FRO660-02 71.3" 15.4" 10.7" 57.0 57'-0" C.L. 60'-0" -- -------- -- -- ------ 1 110° ERICSSON AIR6449 30.8" 16.1" 10.8" 88.0 58'-8" C.L. 60'-0" MX06FRO660-02 1/2" JUMPER SHELTER OVP 6x12 HYBRID 100' ±NEW1TOWER OVP 4449 RRH 8843 RRH AIR6449 4449 RRH 8843 RRH MX06FRO660-02 1 1 1 4 8 1/2" JUMPER 1x1 HYBRID NEW NEW NEW NEW NEW 10' ± 10' ± 12' ± 6' ± 6' ± 1x1 HYBRID 1x3 HYBRID MX06FRO660-02 1/2" JUMPER ---- -------- TOWER OVP TOWER OVP TOWER OVP TOWER OVP TOWER OVP XXX X X X X X X X X X X X X X X X X X X X X X X X X X X XXXXXXX X X X SITE NAME CO3 ASPEN GLEN 8/ 2 5 / 2 0 2 3 5 : 2 1 P M - P : \ R E T H E R F O R D E N T E R P R I S E S , I N C . ( R E I ) \ V E R I Z O N W I R E L E S S \ P R O J E C T S A S S I G N E D \ 2 8 - 0 0 0 5 _ C O 3 _ A S P E N G L E N - M O N O P I N E \ D E L I V E R A B L E S \ 2 8 - 0 0 0 5 _ C O 3 A S P E N G L E N P C D S ( R E V - D ) . D W G - C - 6 - C G O D O S C-6 SHEET TITLE SHEET NUMBER IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. 10000 PARK MEADOWS DRIVE, SUITE 300 LONE TREE, CO 80124-5453 (303) 489-7836 3798-2400 CO RD 109 CARBONDALE, CO 81623 INITIAL BUILD (60'-0" MONOPINE) CMKA10/18/2021 LUTZ, DAILY & BRAIN, LLC CONSULTING ENGINEERS 6400 GLENWOOD | SUITE 200 OVERLAND PARK | KS | 66202 RETHERFORD ENTERPRISES, INC 7093 SILVERHORN DRIVE EVERGREEN | CO | 80439 (720) 261-2064 PCD'S PR E L I M I N A R Y NO T F O R CO N S T R U C T I O N CMKB 12/16/2021 PCD'S CMKC04/11/2023 PCD'S CAGD08/25/2023 PCD'S GRADING PLAN NORTH SCALE: 1" = 10'-0" 1 COMPOUND GRADING PLAN ANTENNASCOLOR LEGEND:RRH/BBU LEASE AREAFIBER PENETRATIONS HYBRID/COAX CABLES GENERAL CONSTRUCTION MW/FIBER EQUIPMENT OVP & ELECTRICAL EQUIPMENT POWER & GROUNDING ACCESS & UTILITY EASEMENT NOTES: 1. ALL PROPERTY LINES SHOWN ARE DERIVED FROM LAND SURVEY AS PROVIDED BY OTHERS. 2. ALL ELEVATIONS SHOWN ARE RELATIVE TO NAVD 88 (NORTH AMERICAN VERTICAL DATUM OF 1988). 3. CONTRACTOR TO FIELD VERIFY LOCATION OF ALL (E) UTILITIES & PROTECT AS REQ'D DURING CONSTRUCTION. 4. ALL ITEMS SHOWN ARE EXISTING UNLESS NOTED OTHERWISE. 6,089 6,090 6,091 6,092 T.O.C. EL. 6,091'-6"± 6 , 0 8 9 6,093 6,094 LEGEND: EXISTING PROPOSED 206 6 , 0 8 8 206 6,090 6,089 NEW 20' X 44' LEASE AREA (TYP.) 6" OF #57 STONE ROLLED, TYP REFER TO SITE PLAN FOR DIMENSIONS GRAVEL NOT TO EXCEED LEASE AREA SCARIFY TOP 6" AND PROOF ROLL SUBGRADE, TYPEXISTING GRADE OR NEW GRADE AS REQUIRED PER GRADING PLAN, TYP GEOTEXTILE FABRIC WEED BARRIER TO BE PLACED UNDER GRAVEL. MIRAFI 500X OR APPROVED EQUAL, TYP NEW FENCE (BY OTHERS), TYP SCALE: N.T.S. 2 COMPOUND SURFACING 3:1 MAX FILL SLOPE 3:1 MAX FILL SLOPE 6"± TYP Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION Administrative Review Development in 100-Year Floodplain Limited Impact Review Development in 100-Year Floodplain Variance Major Impact Review Code Text Amendment Amendments to an Approved LUCP LIR MIR SUP Rezoning Zone District PUD PUD Amendment Minor Temporary Housing Facility Administrative Interpretation Vacation of a County Road/Public ROW Appeal of Administrative Interpretation Location and Extent Review Areas and Activities of State Interest Comprehensive Plan Amendment Accommodation Pursuant to Fair Housing Act Pipeline Development Variance Oil & Gas Development Oil & Gas Development Amendment Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ Representative (Authorization Required) Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ PROJECT NAME AND LOCATION Project Name: _____________________________________________________________________________________ Assessor’s Parcel Number: ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___ Physical/Street Address: ________________________________________________________________ Legal Description: ______________________________________________________________________ _____________________________________________________________________________________ Zone District: ___________________________________ Property Size (acres): __________________ PROJECT DESCRIPTION Existing Use: __________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Proposed Use (From Use Table 3-403): _____________________________________________________ Description of Project: __________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ REQUEST FOR WAIVERS Submission Requirements  The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ Waiver of Standards  The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. ______________________________________________________ __________________________ Signature of Property Owner or Authorized Representative, Title Date OFFICIAL USE ONLY File Number: __ __ __ __ - __ __ __ __ Fee Paid: $_____________________________ Homeowners Association at Aspen Glen, Inc. 80 Bald Eagle Way Carbondale, CO 81623 Tel: (970)-963-3362 www.aspenglenhoa.com Lance Bleyhl Site Acquistion Consultant Aspen Glen Verizon Tower Project Dear Lance, I wanted to follow up with you on the support shown for the Verizon Tower project at our annual homeowners meeting on August 30, 2023. There were approximately 130 HOA Member/Owners in attendance. I provided a detailed update on the status of the Verizon Tower project/process based on the information you had provided me just prior to the meeting. I also had copies of your Garfield County Pre-Application form for anyone to look at if they wished. At the end of my presentation, I asked the room by a show of hands who was in support of the Verizon Tower project and 100% of those in attendance showed enthusiastic support for the program. There were zero negatives expressed in the room. Please let us know what else we can do to support your submission. Sincerely, R.J Gallagher, Jr. For and on behalf of the Aspen Glen HOA Board t • • • ~EC OR OED AT 4-3'8 REC I; •136262 o• CLOCK 'P. M. JUN 2 9 1992 !'IILDRED, ALSi>ORF, COUNTY CLERK STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) • BOOK 835 PACE305 At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Courthouse in Glenwood Springs on Monday, the 29th day of June, 1992, there were present: Arnold L. Mackley , Commissioner Chairman Marian I. Smith , Commissioner Elmer (Buckey) Arbaney, Commissioner Don K. DeFord , County Attorney Mildred Alsdorf , Clerk to the Board when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 92-056 RESOLUTION CONCERNED WITH THE APPROVAL OF AN APPLICATION OF THE ASPEN GLEN COMPANY FOR THE ASPEN GLEN PLANNED UNIT DEVELOPMENT REZONING AND APPROVAL OF ITS PLAN WHEREAS, the Aspen Glen Company has filed an application with the Board of County Commissioners of Garfield County, Colorado, for approval of the Aspen Glen Planned United Development rezoning and its Planned Unit Development plan; WHEREAS, the Board of County Commissioners has now considered that application. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, that based upon the evidence, sworn testimony, exhibits, study of the comprehensive plan for the unincorporated areas of Garfield County, comments from the Garfield County Department of Regulatory Offices and Personnel, and the Garfield County Planning Commission, and comments from all interested parties, this Board enters the following findings and conclusions: FINDINGS 1. The application was filed with the Regulatory Offices and Personnel Department of Garfield County on March 3, 1992, and referred to the Planning Commission on March 9, 1992 . 1 • • • • • BOOK 835 PiGE306 2. The Garfield County Planning Commission reviewed the application and recommended approval of the application with certain conditions on May 7, 1992. 3. The Board of County Commissioners established a date for public hearing on the application to commence on June 1, 1992 at 2:00 p.m. 4. Pursuant to evidence produced at the public hearing on this application, the Board finds: a. All property owners adjacent to the property that is the subject of this application received notification of the date, time and location of the above referenced public hearing by certified mail, sent at least fifteen (15) days prior to the commencement of the hearing; b. Notification of the public hearing was published in a newspaper of general circulation at least thirty (30) days prior to the commencement of the hearing; c. The substance of the mailed and published notifications substantially informed interested parties of the subject matter and location of the requested rezoning . d. The Board of County Commissioners has jurisdiction to conduct the public hearing on the application and render a decision thereon. 5. that all that all The hearing before the Board was extensive and complete, pertinent facts, matters and issues were submitted, and interested parties were heard at the hearing. 6. Pursuant to Section 4.02 of the Garfield County Zoning Resolution of 1978, as amended: a. The PUD will provide necessary commercial and recreational facilities conveniently located to housing; b. The PUD zone district text and map direct the dwelling type, bulk, density and open space in a manner consistent with existing zoning laws; c. The PUD provides a variety of housing types in a layout allowing for open space ancillary to the buildings; d. The PUD will provide a more efficient sewage disposal system through the development of a regional wastewater treatment facility; 2 • • e. The PUD will minimize the traffic burden through the development of an upgraded State Highway intersection and the improvement of County Road 109 at the partial expense of the developer; f. The PUD, if developed to its full extent, will result in an increased assessed valuation to the property; g. The PUD process was used to develop a plan for the area that preserves the site's relationship to the river, valley floor, and adjoining hillsides; h. The PUD will be developed in phases consistent with the ability of the infrastructure's capability to meet the development's needs. 7. The PUD, subject to strict compliance with conditions set forth herein, is in general conformity with the Garfield County Comprehensive Plan, pursuant to the provisions of Section 4.04 of the Garfield County Zoning Resolution of 1978, as amended, and Section 24-67-105(1), C.R.S., as amended. 8. Subject to Section 4.07.01 of the Garfield County zoning Resolution of 1978, as amended, the Board of County Commissioners herein find that subject to strict compliance with the conditions set forth herein, the Aspen Glen Planned Unit Development will meet the standards and requirements of Section 4.00, et seq. of that zoning Resolution. 9. The requirements of Section 4. 07. 03 of the Garfield County Zoning Resolution of 1978, as amended, are met as follows: a. Subject to the conditions set forth herein, the impacts of the PUD and its surrounding area are appropriate with all unreasonable adverse affects being minimized; b. The proposed PUD provides adequate internal street circulation for the traffic generated by the development. The private internal streets provide adequate access for fire and police protection, as well as bicycle traffic; c. Under the conditions set forth herein, the PUD provides adequate parking for all proposed uses; d. Under the terms and conditions set forth herein the Aspen Glen PUD provides common open space that is adequate both for the usage of its own residents, as well as members of the public. Through use of dedicated public areas, as well 3 • • • • as common open space, the including the Roaring Fork habitats are preserved development; • BOOK 835 PAGE3G8 natural features of River, the wetlands, and incorporated the terrain, and wildlife within the e. Under the terms and conditions set forth herein, the Aspen Glen PUD provides for a variety of housing types including single family units on various lot sizes and multiple family units. Additionally, commercial and recreational facilities necessary for the enjoyment of the development are provided on site. The common open space provides a variety of recreational activities including golf, boating, fishing, hiking and horseback riding; f. Under the terms and conditions set forth herein, adequate privacy is provided between the dwelling units through lot sizing, building envelopes, and architectural control; and g. Under the terms and conditions set forth herein, the PUD provides pedestrian ways and trails abutting natural terrain features to and along recreational features including the golf course for internal pedestrian circulation . 10. Subject to the conditions set forth herein, and pursuant to the terms of Section 4. 07. 04 of the Garfield County Zoning Resolution of 1978, as amended, the Board of County Commissioners hereby waives and modifies the maximum building height limitations to allow an increase in heights for the following reasons: a. Under the conditions set forth herein, the increase allowed will have little affect on surrounding slopes and mountainous terrain; b. Under the terms and conditions set forth herein, and pursuant to agreements with adjacent landowners, the visual affects on adjacent sites will be minimal; c. There will be no extreme contrast or influence upon vistas and open spaces for the building heights allowed herein; and d. The uses of the buildings for which building height increases are sought are of a magnitude requiring increased height. 11. The proposed PUD, under the terms and conditions set forth herein, will allow clustering of development in some areas permitting the creation of additional open space . 4 • • BOOK 835 r~cE309 12. The overall density of the development, under the terms and conditions set forth herein, and pursuant to the provisions of Section 4.07.06 of the Garfield County Zoning Resolution of 1978, as amended, will allow development of less than four (4) dwelling units per acre. However, no transfer of densities within the PUD shall be permitted from those zone districts and densities approved herein under the terms and conditions set forth herein. 13. The PUD exceeds the minimum number of acres required for PUD size. 14. More than 25% of the PUD is devoted to common open space. 15. Under the terms and conditions set forth herein and pursuant to the PUD Development Plan attached hereto as an exhibit, the PUD demonstrates the location and total acreage for each proposed use together with the limitations on lot size and total density within each use. 16. Pursuant to the conditions set forth below, all uses by right, conditional uses, minimum lot areas, minimum lot coverage, minimum set backs, maximum height of buildings, and all other use and occupancy restrictions applicable to this PUD are hereby approved by the Board of County Commissioners as set forth herein. 17. Pursuant to the provisions of Section 4. OB. 05 of the Garfield County zoning Resolution of 1978, as amended, the applicant included in their written request for PUD rezoning all of the following: a. A statement of ownership interest and written consent of all property owners; b. A proposed plan indicating the maximum number of dwelling units, the minimum acreage, dedicated common open space, type of proposed uses and acreage devoted to uses, a proposed major internal circulation system, the acreage dedicated to school sites or payment in lieu thereof, the general location of commercial sites within the PUD, the manner in which provision for water, sewer, telephone, electric, and gas would exist, and other necessary restrictions sought by the applicant; c. A regional location map showing the location of the proposed PUD in relationship to connecting roads and other public facilities; d. A site map indicating the boundaries of the PUD, its acreage, existing structures, and existing zoning; 5 • • BOOK 835 ?!Cc311 below. such conditions are a result of consideration of all evidence, including extensive public comment. STATE HIGHWAY 82 1. Prior to consideration of a Preliminary Plan application as defined by the County Subdivision Regulations, the applicant will obtain necessary access permits for State Highway 82 (SH 82), the access to the equestrian facility, and the emergency access proposed south of the primary entrance point to the project. These plans shall include an assessment of a pedestrian crossing between the Equestrian Area and the primary portion of the development west of SH 82, as well as an assessment of the need for signalization at the intersection at some point during the course of development. The construction of the primary entrance from SH 82 will be constructed during Phase III of the project. 2. The applicant will submit a design for an at-grade crossing of the Denver and Rio Grande Railroad Right-of- Way consistent with Public Utilities Commission standards as a part of Preliminary Plan submittal. 3. At the time of Preliminary Plan submittal, the applicant, with the cooperation of the Roaring Fork Transit Agency (RFTA) and the Colorado Department of Transportation (COOT), will identify sufficient easements to accommodate bus turnouts adjacent to the project on SH 82. COUNTY ROAD 109 (CR 109) 4. Access to CR 109 will be unrestricted, and allow for access and egress of the site by all residents, employees, and authorized visitors of the project. s. The applicant and the County will improve CR 109 in the following manner: (A) Section 1 (End of existing pavement at the Gravel Pit entrance south to the southwest corner of the 1/4 acre Residential Zone District adjacent to CR 109). (1) The Applicant is responsible for 100 percent of the cost of design, engineering and construction costs associated with the improvements of this section of CR 109 to Garfield County Minor Collector Road Standards ) 7 • • • • • BOOK 835 ncE3i2 if possible, including all engineering and construction costs for the necessary relocation or piping of ditches. The design will include 2" Asphalt surface with 4' shoulders. Furthermore, the applicant is responsible for realigning and other associated improvements to ditches impacted by improvements to this section of CR 109. These improvements will be completed no later than 12-1-1996. (2) The applicant will dedicate the necessary right-of-way (ROW) to Garfield County, currently shown as a 1.4 acre Open Space River District near Siever• s Corner, to allow for the realignment of CR 109 through this section. The applicant is responsible for all design, engineering and construction costs associated with these improvements. (3) The applicant will, where necessary, dedicate to the County the necessary ROW along CR 109 sufficient to ensure a 60 foot ROW through the portion of roadway through this section. At an appropriate point in time, the County will consider a petition to vacate those portions of the currently existing public right-of-way no longer needed for use as a public road through this section of the project. ( 4) (5) The applicant is responsible for the design and construction of a bike/pedestrian path on the west side of CR 109 through this section. The precise location and length of the bike/pedestrian path shall be defined at the time of Preliminary Plan submittal. The bike and pedestrian path will be 10 to 12 feet in width, paved, and separated from vehicular traffic. Sufficient coordination will occur between the applicant's engineer and the County's Road and Bridge Department to ensure that the design and construction activities between the two efforts are compatible and ensure no scheduling conflicts. If construction is to commence prior to March of 1996, the County must be 8 • • BOOK 835 nee 313 notified on or before August 15 of the preceding fiscal year to allow for the project to be consistent with County budget cycles. (6) The applicant is responsible for the application of dust control on the project site, in addition to CR 109 from the north end of the project to the beginning of the chip and seal surface south of the project on CR 109, approximately ( 3. 2) miles. Prior to the beginning of construction, west of the Roaring Fork River, a Dust Control plan will be submitted to the Road and Bridge Department for approval. (7) If necessary, the County agrees to institute condemnation proceedings to obtain necessary right-of-way allowing construction by the applicant through this portion of the project. All costs of such proceedings, including the cost of land acquisition, shall be borne by the applicant. (B) Section 2 (CR 109, From the southwest corner of the 1/4 acre Residential Zone District adjacent to CR 109 to the intersection CR 109 and CR 108). ( 1) Garfield County will be responsible for 100 percent of the cost of design engineering and earthwork costs associated with the improvements of the section of CR 109 to Garfield County Minor Collector Road Standards where physically possible and at the discretion of the Board of County Commissioners, including 2" Asphalt surface and 4 • shoulders. The applicant is responsible for 50 percent of the cost of surfacing (2" asphalt) of this section of CR 109. These improvements will be completed no later than 12-1-1996. ( 2) If deemed physically possible during design and engineering, Garfield County is responsible for the design and construction of a bike path on the west side of CR 109 through this section. The specific location of the bikeway will be refined as engineering and design progresses. The bike and pedestrian path will be 10 to 12 feet in width, paved, and be separated from vehicular traffic. 9 • • • • ( 3) • BOOK 835 PAGE3i4 The County shall be responsible for all costs of land acquisition for this portion of road reconstruction. (C) Ditching and Piping. The applicant will be responsible for all necessary engineering, design, construction and piping or other improvements of approximately one (1) mile of the Kaiser and Siever•s Ditch, from approximately Siever•s Corner south. BALD KAGLE NESTING SITE (Buffer Zone) 6. An Eagle Nest Buffer Zone, as indicated on Exhibit F-16 submitted at public hearing, will be established around the nest where there will be no construction of dwelling units or human activities, except as established herein. The area of the zone is described per a letter dated April 26, 1992 from Kevin Wright of the Colorado Division of Wildlife. Any changes or modifications to the Zone will require approval from the Division of Wildlife. 7 • 8. 9 . Prior to submittal of a Preliminary Plan, the applicant will submit building envelopes, approved by the Division of Wildlife, for the nine (3/4) acre lots adjacent to the Buffer Zone east of the Roaring Fork River. Prior to submittal of a Preliminary Plan, the applicant will submit landscaping plans, approved by the Division of Wildlife, for the vegetative screening along both sides of the entry road and the downstream side of the bridge and along the east (riverside) boundary of Club Villas, Clubhouse District, per Kevin Wright's April 26, 1992 letter. The screening will be planted immediately upon construction of the entrance road and the bridge crossing the Roaring Fork River. A timing restriction will be placed on the 10th hole of the golf course. If Bald Eagles have abandoned the nest and no eagles are present, the hole may be played from April 1st to December 31. If eagles are present, the hole may be played July 1st to December 31st. It may be played earlier, if there is nest abandonment and young have fledged. Any alternative plans for the reconfiguration of the 10th hole to allow earlier play must be approved by the Division of Wildlife . 10 ) • • BOOK 835 PICE315 10. There will be no construction or activity within the Buffer zone, hole #10, entry road and bridge or facilities/units north of Hole #18 from January 1st to June 1st if the nest is active. Construction may begin earlier if there is nest failure and abandonment. 11. There will be no human entry within 100 yards of the nest except for nest management activities, activities related to the use of Hole #10, or normal ground and ditch maintenance activities. 12. No human entry will be allowed within 200 yards of the nest from January 1st to June 30th if eagles are present, except as allowed in condition #11. 13. There will be a seasonal closure of the Roaring Fork River to public fishing/hiking access and Open Space River Park Districts within 200 yards of the nesting site from January 1st to May 15th except for float-through river traffic. Signs will be posted and maintained by the applicant alerting residents and the general public to this restriction. 14. The Homeowner' s Covenants will be amended to restrict all dwelling units to one dog per dwelling unit. 15. Coordination will occur on an annual basis between the applicant and the Colorado Division of Wildlife concerning the monitoring of nesting activities occurring within the Buffer Zone. 16. At such time as the Division of Wildlife allows removal of the Eagle Nest Buffer Zone, the applicant may request the Board of County Commissioners to amend the PUD. If approved by the Commissioners, the amendment only removes the Overlying zoning (Buffer Zone), and the approved underlying zoning will become effective. SOILS/GEOLOGY/HYDROLOGY 17. The Preliminary Plan shall have a building envelope designated for every lot within the PUD. All building envelopes shall avoid sinkholes. Construction upon debris fans and young alluvial fans with debris flow potential shall be avoided unless properly mitigated. No lot shall be created that does not contain a geologically acceptable building envelope. No lot shall be created that is smaller than the minimum lot size allowed in that particular zone district, and any density 11 • • • • BOOK 835 PhCE3i6 reduction for a particular area due to a lack of buildable area will not be transferred to another district within the PUD. All building envelopes shown on a Final Plat shall be consistent with those shown at Preliminary Plan. Any amendments to the approved building envelopes will require a Public Hearing and an amendment to the Preliminary Plan. 18. At the time of Preliminary Plan submittal, applicant shall submit a detailed debris flow study for all lots on debris fans, with a proposed mitigation plan designed by a geotechnical engineer. 19. Additional soils investigation of the Moderate and High Hazard Depression Areas with a determination of suitability for building sites, utilities, and roadways shall be submitted with the Preliminary Plan. 20. An engineered foundation shall be required for all buildings erected within the PUD and submitted with building permit applications. Further, all final plats shall have a plat note, noting the engineered foundation requirement for all residential structures . 21. Any structure erected within the floodplain shall be required to obtain a floodplain special use permit as required by the Garfield County Zoning Resolution. 22. Water storage tanks shall be geologically acceptable areas geotechnical engineer. constructed in only and as designed by a 23. At the time of Preliminary Plan submittal, the applicant will submit a detailed Drainage Plan addressing the handling of all point and non-point pollution, including the method of treatment, location and adequacy of proposed detention ponds, the size and location of infrastructure, and golf course drainage. WASTEWATER 24. Prior to Preliminary Plan submittal, a Site Application for a domestic tertiary wastewater treatment plant shall be prepared and submitted to the Colorado Department of Health addressing the Aspen Glen regional wastewater treatment facility. The same site application will be submitted to Garfield County with the Preliminary Plan. wastewater treatment plans submitted with the Preliminary Plan shall include easements or oversized lines with • 12 • • BOOK 835 PI.Gt317 sufficient capacity to accommodate regional development deemed necessary by the Colorado Department of Health. If no determination has been received from the Colorado Department of Health on this issue at the time of Preliminary Plan the applicant must provide the Board of County Commissioners with a line and easement design appropriate for a regional wastewater facility. 25. No later than Preliminary Plan submittal, a draft or official Service Plan shall be submitted for the formation of a special district for the construction, maintenance and operation of a regional wastewater treatment facility. Further, the special district shall be in place prior to submittal of any final plats for the PUD. The Service Plan will include all infrastructure and facilities serving Aspen Glen residents. 26. The service area described in the draft Service Plan will be consistent with Colorado Department of Health recommendations. 27. The cost of all infrastructure and facilities serving Aspen Glen are the responsibility of the applicant. WATER SUPPLY 28. The applicant shall demonstrate the location and evidence of adequate water quantity and quality of the proposed well fields at Preliminary Plan. At least one test well shall be drilled and proved up. Additional test wells may be required as recommended by the applicant's engineer to provide the necessary evidence. 29. If filtration is necessary, the site and method of treatment shall be indicated at the time of Preliminary Plan submittal. WATER QUALITY 30. At the time of Preliminary Plan submittal, the applicant will submit a detailed description of a Water Quality Monitoring Plan for both surface water (Roaring Fork River) and ground water (on-site and off-site wells and springs) . This plan shall describe the location, timing, analytical techniques, detection methods, and the method of interpreting the results of the tests. The tests will be performed at a regular interval extending past the first year until the project reaches 90 percent of buildout. The Service Plan for the Sanitation District 13 • • UTILITIES • • BOOK 835 P~CE31-8 shall include provisions for the Water Quality Testing Program. The cost associated with the Plan shall be the responsibility of the applicant, and subsequent costs associated with the testing program shall be the responsibility of the Sanitation District. The results of each test shall be sent to the County on a regular basis. 31. At the time of Preliminary Plan submittal, the applicant will submit to the County a detailed Utility Master Plan that indicates the easement size and location for gas, electric, and telephone. Wastewater and water treatment facilities, and drainage/erosion control systems shall include line and facility sizing, in addition to the size and location of easements. WILDLIFE IMPACTS Equestrian Facility 32. The equestrian facility, as shown on the FUD Development Plan Map, will be relocated to the northwest end of the Open Space District. Furthermore, the Community Center proposed in the FUD application is deleted from the FUD. 33. Fencing will be 42" in height, four strand or less, with 12" kick space between the top two wires. If a rail fence is used, it shall be 48" high, three rail or less. No fencing will be allowed in areas not needed for grazing and existing fencing will be removed. 34. No grazing will be allowed in sagebrush. 35. All new utilities within the equestrian area will be buried. 36. Any access trail developed in the equestrian area will be closed December 1 through April 30th. 37. All dogs on trails in the equestrian area will be leashed. 38. All hay stored in connection with the operation of the equestrian facility will be protected by 8 foot fencing, consistent with Division of Wildlife specifications. • 14 • • BOOK 835 PAGE3i9 west of County Road 109 39. The applicant, at the time of Preliminary Plan submittal, will submit a map identifying the proposed "Wildlife Corridor" west of CR 109. The map will depict the building envelopes and mitigation measures proposed for the 2 acre Residential District. The Division of Wildlife will review the "Wildlife Corridor" plan prior to submittal to the County. 40. No perimeter fences will be allowed in this District. 41. All utilities will be buried or raptor/eagle protected, per Division of Wildlife recommendations. General Wildlife Impacts 42. One dog will be allowed for each residential unit within the PUD. This requirement will be included in the Protective Covenants, and will be enforced by the Homeowner's Association. 43. Dead or dying Cottonwood Trees within the Open Space/River Parks will be preserved for cavity nesters and perches used by raptors/eagles. If such trees present a hazard, the Homeowner's Association may remove such trees at its discretion. FISHERMAN'S/PEDESTRIAN EASEMENT 44. The applicant shall provide a copy and plat of the fisherman/pedestrian easement, running from the open space/river park across the gravel pit lease to BLM Disposal Parcel 215 at the time of Preliminary Plan submittal. The recipient of the fisherman/pedestrian easement shall be the Division of Wildlife or the Aspen Glen Homeowner's Association. The easement grantee shall be responsible for maintenance and liability for the proposed easement. The easement shall be executed and recorded at the time of final plat approval. 45. To ensure continued use of the proposed easement, the applicant will submit plans at the time of Preliminary Plan to provide a pedestrian bridge across the Robertson Ditch. The cost associated with design and construction of the bridge is the responsibility of the applicant. 46. The applicant shall physically delineate that portion of the fisherman's/pedestrian easement that traverses the 15 • • • gravel pit lease area. be set forth prior to Plan. • bOOK 835 fl,CE320 The method of delineation shall the approval of the Preliminary 47. The applicant shall provide a draft of the proposed river recreation/boating easement overlaying the Roaring Fork River, from high water line to high water line excluding the islands, at the time of submittal of Preliminary Plan. Such easement shall name the Homeowner's Association as grantee and holder for the benefit and use of the public. Such easement shall be executed and recorded at the time of final plat approval. 48. The Fisherman's/Pedestrian and river recreation/boating Easement shall be identified on all subsequent Final Plats where applicable. EASEMENT/OPEN SPACE PARK 49. All Open Space/River Park areas shall be dedicated to appropriate grantees from the developer at the time of approval of an applicable Final Plat. 50. The forty foot (40') wide easement, extending from C.R . 109 to the Open Space/River Park, shall be dedicated to the Division of Wildlife or the Aspen Glen Homeowner's Association for use by the public and the appropriate instrument recorded prior to the approval of any Final Plat. The easement will be constructed with a gravel surface and a 20' minimum driving surface. The easement shall be executed and recorded at the time of Final Plat approval. 51. Fencing between the Aspen Glen River Park and the Miller residence shall be constructed in accordance with the agreement with Doug Miller. 52. All improvements and/or structures constructed in Open Space/River Park areas within regulated floodplain shall be constructed in accordance with the requirements of Section 6: Floodplains of the Garfield County Zoning Resolution. 53. The applicant shall provide a graveled parking area with adequate space for parking six (6) vehicles. • 16 • • • • BOOK 835 P!CE322 AIR QUALITY 58. No open hearth solid-fuel fireplaces will be allowed anywhere within Aspen Glen with the exception of four (4) fireplaces permitted in the clubhouse, as well as all fireplaces currently in place in existing residences. 59. All dwelling units will be allowed an unrestricted number of natural gas-burning fireplaces or appliances. 60. All dwelling units will be allowed one (1) new wood- burning stove as defined by C.R.S. 25-7-401, et. seq. and the regulations promulgated thereunder. 61. Conditions restrictive Plats. 58, 59, and 60 shall be included in the covenants and as a plat note on all Final 62. The applicant shall prepare a fugitive dust mitigation plan to address dust control during construction of roads, utilities, common facilities and the golf course. The plan shall be submitted at the time of Preliminary Plan . 63. All air emissions shall be in compliance with all applicable state and federal regulations. WETLANDS 64. At least forty-five (45) days prior to Preliminary Plan submittal, the applicant shall apply to the Corps of Engineers for a determination of the impacts upon wetlands of the full project, and the appropriate permits required therefor. The determination of the Corps of Engineers regarding the type of permits required must be made before Preliminary Plan approval. 65. All building envelopes shall be located on lots such that no wetlands will be impacted by foundation, accessory buildings, driveways or other accessory structures. These building envelopes will be submitted to the County at the time of Preliminary Plan submittal. 66. Covenants will be developed prohibiting the filling of wetlands contained within lots. • 18 • • • • BOOK 835 ncE324 HOMEOWNER'$ ASSOCIATION 69. A Homeowner's Association shall be established with bylaws, Articles of Incorporation and covenants, prior to the approval of the first Final Plat. All common facilities shall be transferred to the Homeowner's Association prior to the approval of any Final Plat. 70. The applicant will submit a list of responsibilities of the Homeowner's Association, at the time of Preliminary Plan submittal. Specific responsibilities to be addressed include the ownership and maintenance of open space, roads, parks, golf course, river easement, access road to recreation area, water rights, water utility easements and infrastructure, bridges and various permits and contracts (water, highway, railroad etc.). COVENANTS 71. A draft of the Covenants for the Aspen Glen Club will be submitted with the Preliminary Plan. The following list of changes from the draft Covenants submitted with the application shall be included at a minimum: (A) Covenant language will be included regarding restrictions regarding the prohibition of building envelopes within regulated wetlands. (B) The Covenants will not restrict the use or placement of solar collecting devices. Approval of the placement of these devices will be retained by the Aspen Glen Homeowner's Association. (C) Roofing material for lots on the west side of CR 109 will require the use of fire-retardant shingles. POD ZONE DISTRICT TEXT 72. As conditions of approval, the Board herein adopts and approves both the district text and Planned Unit Development plan attached as exhibits hereto. OFF-SITE IMPACTS 73. That the applicant shall comply with all verbal representations made conc~rning its agreements with adjacent property owners. • 20 ) • • MOK 835 ncE325 REVISIONS TO POD APPLICATION 74. The reference to Unit Transfer provisions (p. 68 of the PUD Application), Golf Course Approval Process (p. 69 of the PUD Application) and Subdivision Variance #4 (p. 69 of the PUD Application) shall be deleted. 75. The location of the Club Villa District adjacent to the Chuc Property and SH 82 shall be relocated in order to minimize impacts on adjacent agricultural land to a point consistent with PUD Development Plan attached to this Resolution. The density within the relocated Club Villa District shall be consistent with the depiction on the Planned Unit Development Plan Map. The revised Club Villa District may have no more than 77 units, and the revised 1/4 acre District cannot exceed 16 units. SCHOOL IMPACT • 76. The applicant shall pay School Impact Fees as designated by the appropriate school district prior to approval of any Final Plat. 77. At the time of Preliminary Plan submittal, applicant shall designate all school bus loading sites requested by the appropriate school district. FIRE STATION SITE 78. A site must be identified for the proposed fire station site at the time of Preliminary Plan submittal. PHASING Phase I IA II III IV V 79. The following phasing amends the proposed phasing plan included with the application (Phase II and Ila have been combined into a single phase): Commencement Date March 7, 1992 June 30, 1992 January 1, 1994 May 15, 1995 July 1, 1995 August 15, 1995 21 Completion Date December 31, 1992 December 31, 1993 August 15, 1997 December 1, 1996 July 1, 1996 August 15, 1996 • • • Phase VA VI VII VIII IX X XI • Commencement Date March 15, 1996 March 15, 1997 August 15, 1997 March 15, 1998 March 15, 1999 August 15, 1999 March 15, 2000 • BOOK 835 nuE326 Completion Date March 15, 1997 March 15, 1998 August 15, 1998 March 15, 1999 March 15, 2000 August 15, 2000 March 14, 2001 80. A violation of the agreed phasing plan ( described in condition #79) could result in the revocation of the PUD by the Board of County Commissioners. 81. No phase, subsequent to Phase II, shall commence without final plat approval. By Subdivision Improvements Agreement, the dates for construction commencement may be moved to an earlier date than that set forth in #79 above. Additionally, the completion dates may be altered by the Subdivision Improvements Agreement. Phase II may commence prior to January 1, 1994, and prior to approval of a Preliminary Plan, if the applicant submits a detailed drainage plan for the proposed golf course to the Board of County Commissioners and obtains approval of that plan prior to commencement of construction. Such approval shall indicate the date for commencement of Phase II. Any construction authorized or in place as part of Phase II must be consistent with any subsequently approved Preliminary Plan. 82. Phase IA shall be defined to be the approval of a preliminary plan encompassing the entire project set forth in the Planned Unit Development and the Planned Unit Development Plan. Preliminary plan approval must encompass the development of all of the phases set forth in #79. VESTED RIGHTS 83. As a condition of approval and by agreement with the Aspen Glen Company, the Board of County Commissioners herein adopts a development agreement pursuant to the provisions of Section 24-68-104(2), C.R.S., as amended, providing that property rights shall vest commencing with the final conditional approval of the Aspen Glen PUD extending to March 14, 2001. With this approval, the Board of County Commissioners recognizes that this conditionally approved planned unit development, in its final conditional approval form, is a site specific 22 ( • • BOOK 835 Pl,CE327 development plan as set forth in Section 24-68-102(4), C.R.S., as amended. Therefore, during the time periods set forth herein, the applicant shall enjoy all of the vested rights set forth for such a development plan in Section 24-68-101, et. seq., C.R.S., as amended. 84. Pursuant to the provisions of Section 24-68-103 ( 1), C.R.S., as amended, the Board of County Commissioners herein condition the grant of the vested rights set forth above upon all of the conditions of approval set forth in this conditional PUD approval. Such conditions specifically include, but are not limited to, strict compliance with the phasing plan set forth in #79 above. Failure of the applicant to comply with any element of that phasing plan or any of the conditions set forth in this resolution, will subject the applicant to forfeiture of vested rights, as such forfeiture is set forth in Section 24-68-103(1), C.R.S., as amended. 85. In order to effectuate the conditions set forth under subtitle "Vested Rights", the applicant shall be required to execute a development agreement coincidental with the conditional approval of the Aspen Glen PUD. CONSULTANT FEES 86. The Board of County Commissioners may retain experts to assist in further review of project applications and submittals. Such experts shall be retained upon the recommendation of the Staff of Regulatory Offices after consultation with the applicant and with the approval of the Board of County Commissioners. The Board of County Commissioners shall approve the retention of such experts when such assistance is deemed necessary for the evaluation of the applicant's submi ttals. Notice of retention shall be provided to the applicant. Fees and costs of such experts shall be the responsibility of the applicant. All bills shall be paid within 30 days of invoice. LEGAL DESCRIPTION 87. The legal description shall be corrected to be consistent with the exhibit attached to this PUD Resolution. GENERAL 88. All representations of the applicant, either within the application or stated at the Public Hearings before the 23 • • BOOK 835 P~Gf:329 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this ____ day of ______ , A.D. 19 __ _ County Clerk and ex-officio Clerk of the Board of County Commissioners 25 • • BOOK 835 ricE330 EXHIBIT TO ASPEN GLEN RESOLUTION REVISED ZONE DISTRICT TEXT • • • • • BOOK 835 rics333 (I) Minimum Off Street Parking per DU 4 spaces * Cul-de-sac, pie shaped and flag Jots may have a Jess than minimum width measured at building setback, but no Jot shall have less than 25 feet of width on public access right-of-way or easement. NOTE: Each estate Jot will have a predetermined building envelope within which all structures will be confined. The remainder of the Jot must be left in its natural state, a portion of which shall be designated as an "Area Prohibited for Development" on the PUD Development Plan. The building envelope shall be designated at time of preliminary plan . -3- 2. ( • • BOOK 835 P~CE334 1 ACRE RESIDENTIAL ZONE DISTRICT DEVELOPMENT STANDARDS: Single-family detached structures intended for individual lot ownership. (a) (b) (c) (d) (e) (f) (g) (h) (i) (i) (k) • Permitted Uses Minimum Lot Size Maximum Building Height Minimum Front Yard if Abutting Public/Private Street Minimum Lot Width* Minimum Lot Depth Maximum Floor Area Ratio Minimum Rear Yard Minimum Each Side Yard Corner Lot Minimum Side Yard Abutting Public/Private Street Minimum Off Street Parking per DU Single-family residential plus accessory uses, including guest and/or caretaker's quarters; home occupation 43,560 sq.ft. (1 acre) 25 ft. 35 ft. from roadway easement/ROW 150 ft. (at building setback) 220 ft. .25 20 ft. 10 ft. or 1/2 height of principal building whichever is greater 25 ft. from roadway easement/ROW 4 spaces Cul-de-sac, pie shaped and flag lots may have a less than minimum width measured at building setback line, but no lot shall have less than 25 feet of width on public access right-of-way or easement. • 4, ( • • 8"5 · 3., BoOK u PAGE 06 1/2 ACRE RESIDENTIAL ZONE DISTRICT DEVELOPMENT STANDARDS: Single-family detached structures intended for individual lot ownership. (a) Permitted Uses Single-family residential p Ins accessory uses except guest and/or caretaker's quarters; home occupation; water treatment facility (b) Minimum Lot Size 21,780 sq.ft. (c) Maximum Building Height 25 ft. (d) Minimum Front Yard if Abutting County Road 109 50 ft. from ROW line (e) Minimum Front Yard if Abutting 30 ft. from roadway Public/Private Street easement/ROW (f) Minimum Lot Width• 120 ft. (at building setback) (g) Minimum Lot Depth 150 ft. (h) Maximum Floor Area Ratio .25 (i) Minimum Rear Yard 20 ft. (i) Minimum Each Side Yard 10 ft. or 1/2 height of principal building whichever is greater (k) Comer Lot Minimum Side Yard 20 ft. from roadway Abutting Public/Private Street easement/ROW (I) Minimum Off Street Parking per DU 4 spaces • Cul-de-sac, pie shaped and flag lots may have a less than minimum width measured at building setback, but no lot shall have less than 25 feet of width on public access right-of-way or easement. -6- • 5 . • • • 4'ooK 835 PAGE337 1/4 ACRE RESIDENTIAL ZONE DISTRICT DEVELOPMENT ST AND ARDS: Single-family detached structures intended for individual lot ownership. (a) Permitted Uses (b) Minimum Lot Size (c) Maximum Building Height (d) Minimum Front Yard if Abutting County Road 109 (e) Minimum Front Yard if Abutting Public/Private Street (f) Minimum Lot Width* (g) Minimum Lot Depth (h) (i) (j) (k) (I) Maximum Floor Area Ratio Minimum Rear Yard Minimum Each Side Yard Comer Lot Minimum Side Yard Abutting Public/Private Street Minimum Off Street Parking per DU Single-family residential plus accessory uses except guest and/or caretaker's quarters; home occupation 10,890 sq.ft. 25 ft. 50 ft. from ROW line 30 ft. from roadway easement/ROW 75 ft. (at building setback) 120 ft. .35 20 ft. 10 ft. or 1/2 height of principal building whichever is greater 15 ft. from roadway easement/ROW 4 spaces • Cul-de-sac, pie shaped and flag lots may have a less than minimum width measured at building setback, but no lot shall have less than 25 feet of width on public access right-of-way or easement. -7- ( 6.• DUPLEX RESIDENTIAL ZONE DISTRICT • BOOK 835 p~c:E338 DEVELOPMENT STANDARDS: Two-family attached structures intended for individual lot ownership. (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (I) (m) * Permitted Uses Single-family residential and two-family residential plus accessory uses except guest and/or caretaker's quarters; home occupation Minimum Lot Size 15,625 sq.ft. Maximum Building Height 25 ft. Minimum Front Yard if Abutting State Highway 82 50 ft. from ROW line Minimum Front Yard if Abutting 30 ft. from roadway Public/Private Street easement/ROW Minimum Lot Width* 125 ft. (at building setback) Minimum Lot Depth 125 ft. Maximum Floor Area Ratio .30 Minimum Rear Yard 20 ft. Minimum River Setback (from 50 ft. for buildings Normal High Water Line) 25 ft. for fences Minimum Each Side Yard 10 ft. or 1/2 height of principal building whichever is greater Corner Lot Minimum Side Yard 15 ft. from roadway Abutting Public/Private Street easement/ROW Minimum Off Street Parking per DU 4 spaces Cul-de-sac, pie shaped and flag lots may have a less than minimum width measured at building setback, but no Jot shall have Jess than 25 feet of width on public access right-of-way or easement. -8- 7 .• CLUB VILLA RESIDENTIAL ZONE DISTRICT .BOOK 835 P!CF.3 •3 9 DEVELOPMENT STANDARDS: • Single-family attached and single-family detached residential dwellings intended for individual lot ownership, which may include golf villas, townhomes, club villas, and duplexes Single-Family Attached: (a) Permitted Uses Single-family residential (attached) plus accessory uses excluding guest and/or caretaker's quarters; home occupation; water treatment facility (b) Minimum Lot Size 2,200 sq.ft. (c) Maximum Building Height 25 ft. (d) Minimum Front Yard if Abutting 20 ft. from roadway Public/Private Street easement/ROW (e) Minimum Lot Width* 22 ft. (at building setback) • (f) Minimum Lot Depth 100 ft. (g) Maximum Floor Area Ratio for Entire Development Tract .5 (h) Minimum Rear Yard 20 ft. (i) Minimum Side Yards of Buildings 7.5 ft. (j) Minimum Separation between 15 ft. Buildings (k) Maximum Number of Attached Units 8 units (in a single structure) (I) Minimum Off Street Parking per DU 2 spaces (m) Minimum Open Space per each Villa Development Tract 25% * Cul-de-sac, pie shaped and flag lots may have a less than minimum • width measured at building setback, but no lots shall have less than 16 ft. of width on public access right-of-way or easement. -9- 7. ( • • BOOK 835 PICE340 CLUB VILLA RESIDENTIAL ZONE DISTRICT (cont'd.) Duplex: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) * Permitted Uses Minimum Lot Size Maximum Building Height Minimum Front Yard if Abutting Public/Private Street Minimum Lot Width* Minimum Lot Depth Maximum Floor Area Ratio Minimum Rear Yard Minimum Each Side Yard Corner Lot Minimum Side Yard Abutting Public/Private Street Minimum Off Street Parking per DU Single-family residential and two-family residential plus accessory uses excluding guest and/or caretaker's quarters; home occupation; water treatment facility 15,625 sq.ft. 25 ft. 25 ft. from roadway easement/ROW 125 ft. ( at building setback 125 ft. .30 20ft. 10 ft. or 1/2 height of principal building whichever is greater 15 ft. from roadway easement/ROW 4 spaces Cul-de-sac, pie shaped and flag lots may have a less than minimum width measured at building line, but no lot shall have less than 25 feet of width on public access right-of-way or easement. -10- • 7 . • • • • BOOK 835 P/,G!:341_ CLUB VILLA RESIDENTIAL ZONE DISTRICT (cont'd.) Single-Family Detached: (a) Permitted Uses Single-family residential (b) (c) (d) (e) (f) (g) (h) (i) (i) (k) • Minimum Lot Size Maximum Building Height Minimum Front Yard if Abutting Public/Private Street Minimum Lot Width* Minimum Lot Depth Maximum Floor Area Ratio Minimum Rear Yard Minimum Each Side Yard Corner Lot Minimum Side Yard Abutting Public/Private Street Minimum Off Street Parking per DU ( detached) plus accessory uses excluding guest and/or caretaker's quarters; home occupation; water treatment facility 10,890 sq.ft. 25 ft. 25 ft. from roadway easement/ROW 75 ft. ( at building setback) 120 ft. .25 20 ft. 10 ft. or 1/2 height of principal building whichever is greater 15 ft. from roadway easement/ROW 4 spaces Cul-de-sac, pie shaped and flag lots may have a less than minimum width measured at building line, but no lot shall have less than 25 feet of width on public access right-of-way or easement. -11- • • BOOK 835 P!CE342 8. GOLF COURSE ZONE DISTRICT DEVELOPMENT STANDARDS: (a) Permitted Uses (b) Golf Maintenance Building and Accessory buildings: Golf course, golf mainten- ance facility, related activities, fire/security station and accessory uses; water treatment facility (1) Maximum Building Height 25 ft. (2) Building setback from County Road 109 and any adjacent residential land uses 25 ft. -12- • 9 . • • • GOLF CLUBHOUSE ZONE DISTRICT DEVELOPMENT STANDARDS: (a) Permitted Uses (b) Maximum Building Height (c) Minimum Front Yard if Abutting Public/Private Street (d) Maximum Floor Area Ratio (e) Minimum Rear Yard (f) Minimum Side Yard (g) Minimum Off-Street Parking -13- • BOOK 835 P~CE343 Golf clubhouse (including but not limited to, pro shop, restaurant, lounge, exercise facility, child care facility, locker rooms, library and memorabilia rooms, meeting and special function rooms); Real estate sales office; Fishing tackle sales; Beauty salon and barber shop; Business services; Auto detailing, Reservation services; Recreational and related activities; Convenience store; Bed and Breakfast for no more than 10 beds 40 ft. 50 ft. .25 50 ft. 25 ft. 150 spaces plus one additional space per each bed in Bed and Breakfast facility • 10. ( • BOOK 835 ncE344 OPEN SPACE/RIVER PARKS ZONE DISTRICT DEVELOPMENT ST AND ARDS: (a) Permitted Uses (b) Maximum building height (c) Building Setback From Residential Property Line or Road ROW -14- Passive and active recreational activities; park facilities; clubhouse with snack bar; fishing tackle sales; equestrian facilities; tack services; reservation services; water treatment facility; water storage tanks; and wastewater treatment facility. 25 ft., provided that water storage tanks may exceed such height limitation 25 ft. I • • BOOK 835 P~GE345 C. General Provisions (i) Effect of Garfield County Zoning Resolution (adopted January 2. 1979). The provisions of the Garfield County Zoning Resolution and the successors thereof as now in effect and as hereafter amended, are by this reference incorporated herein as if set forth in full, to the extent not divergent from the provisions of the Aspen Glen Planned Unit Development Zone Regulations. (ii) Conflict. The provisions of the Zoning Regulations shall prevail and govern the development of Aspen Glen PUD provided, however, where the provisions of the Aspen Glen PUD Zone Regulations do not clearly address a specific subject, the ordinances, resolutions or regulations of Garfield County shall prevail. Definitions established herein shall take precedence over definitions established by the Subdivision Regulations of Garfield County, adopted April 23, 1984, whenever these regulations are applicable to the Aspen Glen PUD. By way of example, the floodplain regulations set forth at Section 6:00 of the Garfield County Zoning Regulations are fully applicable to this proposed PUD. D. Variance from Subdivision Regulations Except as defined below, all provisions of the Garfield County Subdivision • Regulations shall be applicable to The Aspen Glen Club PUD. • l. Street Design: Standard street cross sections shall be as identified in Section V, D (p. 42), titled Typical Roadway Cross Sections. 2. If an emergency access point has not been provided, cul-de-sacs in excess of 600 feet will be allowed with the following design standards: (a) Right-of-way minimum radius: 62 feet (b) Driving surface minimum radius: 60 feet 3. Sidewalks are not required in the street right-of-way except as proposed in Section V, H (p. 46), titled Public and Private Trail System Plan. 4. In situations where topography or development tract orientation dictates, the offset between intersecting streets will be a minimum of 100 feet. -15- • • r BOOK 835 PAGE346 EXHIBIT TO ASPEN GLEN RESOLUTION CORRECTED LEGAL DESCRIPTION ) • PAGE NO. 2 ASPEN GLEN CLUB P.U.D. PROPERTY DESCRIPTION • BDOK 835 P,\GE348 CENTERLINE N 17°00 1 00 11 W 238.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N 48°00 1 00 11 W 547.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N 31°00 1 00 11 W 203.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N 60°00 1 00 11 W 224.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N 65 ° 30 1 00 11 W 220. 00 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N 69°00 1 00 11 W 350.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N 59°30 1 00 11 W 316.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N 21·00 1 00 11 W 331.00 FEET TO A POINT ON THE SOUTHERLY LINE OF LOT 13 OF SAID SECTION 20; THENCE LEAVING SAID CENTERLINE OF RIVER AND ALONG THE SOUTHERLY LINE OF LOT 13 OF SAID SECTION 20 N 89°15 1 57" W 440.69 FEET TO THE SOUTHWEST CORNER OF LOT 13; THENCE ALONG THE WESTERLY LINE OF LOT 14 OF SAID SECTION 20 S 00°01 1 25 11 W 59.78 FEET; THENCE N 32°31 1 00" W 1283.00 FEET; THENCE N 47°20 1 00 11 W 1561. 80 FEET; THENCE N 81•57 1 00 11 W 1659. 05 FEET TO THE EASTERLY LINE OF LOT 2 OF SAID SECTION 24; THENCE LEAVING SAID EASTERLY LINE N 78°07 1 04 11 W 1354.65 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 2; THENCE ALONG THE WESTERLY LINE OF SAID LOT 2 N 00°27 1 55 11 E 811.92 FEET TO THE SOUTHEAST CORNER OF LOT 14; THENCE ALONG THE SOUTHERLY LINE OF LOT 14 OF SAID SECTION 13 S 89°06 1 27 11 W 1335.68 FEET TO THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 13 1 BEING A GARFIELD COUNTY BRASS CAP FOUND IN PLACE; THENCE ALONG THE NORTH- SOUTH CENTERLINE OF SAID SECTION 13 N 00°52 1 56 11 E 5332.05 FEET TO THE NORTH ONE-QUARTER CORNER OF SAID SECTION 13, AN AXLE IN PLACE; THENCE N 00 °11 1 14 11 W ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 12, 458.62 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY FENCE OF GARFIELD COUNTY ROAD NO. 109 1 A REBAR AND CAP L.S. #19598 FOUND IN PLACE; THENCE S 13°28 1 04 11 E ALONG SAID RIGHT-OF-WAY FENCE 553. 88 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCE S 09°05 1 41 11 E 565.53 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF- WAY FENCES 17°42 1 56 11 E 728.56 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCE S 40°03 1 42" E 175.51 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCE S 32° 40 1 06 11 E 463.99 FEET; THENCE LEAVING SAID RIGHT-OF-WAY FENCE AND FOLLOWING AN EXISTING FENCE N 89°53 1 09 11 E 882.14 FEET; THENCE CONTINUING ALONG SAID EXISTING FENCE N 81 °50 1 40 11 E 60.36 FEET; THENCE CONTINUING ALONG SAID EXISTING FENCE N 01°30 1 12 11 E 729.75 FEET; THENCE CONTINUING ALONG SAID EXISTING FENCE N 01°43 1 30 11 E 1113.97 FEET; THENCE ALONG THE EASTERLY LINE OF LOT 24 OF SAID SECTION 12 N 01 °21 1 44 11 E 320.88 FEET; THENCE N 47°43 1 00 11 E 590.67 FEET TO THE NORTHERLY LINE OF LOT 25 OF SAID SECTION 12; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 25 S 89°40 1 00 11 E 75.86 FEET TO THE CENTERLINE OF THE ROARING FORK RIVER; THENCE ALONG THE CENTERLINE OF SAID RIVER S 17 ° 43 1 01 11 E 163.46 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER S 30°45 1 18 11 E 163.28 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 51°43 1 05 11 E 662.76 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 44°35 1 57" E 175.65 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 13°33 1 31" E 255.65 FEET; THENCE A-2 • • • PAGE NO. 3 ASPEN GLEN CLUB P.U.D. PROPERTY DESCRIPTION • BOOK 835 P~CE349 CONTINUING ALONG SAID CENTERLINE OF RIVER S 34 • 02' 41 11 E 318 .15 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER S 35°41'45 11 E 225.15 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER S 55°38'18" E 196.47 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 63°49'03 11 E 388.20 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 57°51'22 11 E 449.02 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 47°11'37 11 E 122.26 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 12; THENCE LEAVING SAID CENTERLINE OF RIVER N 89 • 49' 40 11 W 406. 44 FEET TO THE NORTHEAST CORNER OF LOT 11 OF SAID SECTION 18; THENCE ALONG THE EASTERLY LINE OF SAID LOTS 11 AND 14 OF SAID SECTION 18 S 00 • 00' 00 11 E 1336. 51 FEET TO THE SOUTHEAST CORNER OF SAID LOT 14; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 14 S 89°58 1 06 11 W 672.53 FEET TO THE SOUTH CENTER ONE-SIXTEENTH CORNER, BEING A BLM ALUMINUM CAP IN PLACE; THENCE ALONG THE EASTERLY BOUNDARY OF LOT 15 OF SAID SECTION 18 S 00°36'33 11 W 334.72 FEET; THENCE N 89°55'05" E ALONG THE SOUTHERLY LINE OF THE N\N~SW\SE\ 149.70 FEET TO THE CENTERLINE OF SAID ROARING FORK RIVER; THENCE ALONG SAID CENTERLINE OF RIVER S 25°46'54 11 W 106.22 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 07°48'26 11 W 289.87 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 16°19'15" E 186.82 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 60°24'25 11 E 205.10 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER N 76°51'11" E 164.34 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER N 81°47'36 11 E 280,37 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER N 78°29'03 11 E 233.93 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 81°45'25" E 314.48 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 61°08'27" E 374.17 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER S 46 • 48' 37 11 E 211. 62 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER S 07°22'34 11 E 113.14 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 25°51'48 11 E 225.75 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 08°49'55" E 269.98 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 31°27'28 11 E 259.89 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER S 46°16 1 00" E 573.86 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER S 59°53 1 51 11 E 279.72 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 41°56'37 11 E 388,06 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER S 21 °26'41 E 286.20 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER S 08 • 56' 52 11 E 81. 11 FEET TO THE NORTHERLY LINE OF LOT 3 OF SAID SECTION 20; THENCE N 88°33'13 11 W ALONG THE NORTHERLY LINE OF SAID LOT 3 385.14 FEET TO THE NORTHWEST CORNER OF SAID LOT 3; THENCE S 00°01'46 11 W ALONG THE WESTERLY LINE OF SAID LOT 3 425.16 FEET TO THE SOUTHWEST CORNER OF SAID LOT 3; THENCE N 89°58'18 11 E ALONG THE SOUTHERLY LINE OF SAID LOT 3 697.48 FEET TO THE SOUTHEAST CORNER OF SAID LOT 3; THENCE N 00°04'00" W ALONG THE EASTERLY LINE OF SAID LOT 3 407.22 FEET TO THE NORTHEAST CORNER OF LOT 3 OF SAID SECTION 20; THENCE CONTINUING ALONG SAID WESTERLY LINEN 00°04'00 11 W 151.69 FEET TO A POINT ON THE A-3 • • PAGE NO .• ASPEN GLEN CLUB P.U.D. PROPERTY DESCRIPTION • BOOK 835 P!Cc35j_ COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 13, AN AXLE IN PLACE, THENCE S 43°21'15 11 E 2540.23 FEET TO THE SOUTHEAST CORNER OF THE TELLER SPRINGS SUBDIVISION, THE TRUE POINT OF BEGINNING; THENCE N 01°30'12 11 E ALONG THE EASTERLY LINE OF SAID SUBDIVISION 729.75 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 01°43 1 30 11 E 1113.97 FEET TO THE NW CORNER OF LOT 1 OF SAID SECTION 13; THENCE LEAVING SAID EASTERLY LINES 89°52'09 11 E ALONG THE NORTHERLY LINE OF SAID LOT 1, 103.76 FEET TO A POINT BEING 5.0, FEET SOUTHWESTERLY OF THE ROBERTSON DITCH; THENCE THE FOLLOWING THIRTY FOUR ( 34) COURSES ALONG A LINE BEING FIVE FEET SOUTHWESTERLY OF AND PARALLEL TO SAID DITCH: 1. S 3 2 • 3 9' 14" E 12 6. 21 FEET 2. S 46°44'01 11 E 101.92 FEET 3 . S 5 8 • 3 3 ' 0 8 11 E 10 3 . 3 2 FEET 4. S 58°00 1 02 11 E 64.81 FEET 5. S 67°42 1 09 11 E 113.94 FEET 6. S 56°01'54 11 E 86.09 FEET 7. S 48°44 1 16" E 94.31 FEET 8. S 54°12 1 24 11 E 91.37 FEET 9. S 65°43 1 26" E 93.55 FEET 10. S 59°30 1 17 11 E 68.30 FEET 11. S 57°18 1 29 11 E 62.81 FEET 12. S 58°15 1 43" E 56.28 FEET 13. S 69°19'37 11 E 71.02 FEET 14. S 63°33'32 11 E 80.52 FEET 15. S 52°49'53 11 E 56.67 FEET 16. S 52°18 1 07 11 E 96.50 FEET 17. S 51°46 1 39 11 E 131.35 FEET 18. S 50°09 1 46 11 E 64.52 FEET 19. S 6 7" 0 5' 3 8 11 E 7 3 . 6 7 FEET 20. S 66°35'27 11 E 54.01 FEET 21. S 58°42'41: E 86.11 FEET 22. S 69°18'14 11 E 76.28 FEET 23. S 74°03 1 06 11 E 68.83 FEET 24. S 52°21 1 15 11 E 35.90 FEET 25. S 49°04'22 11 E 61.97 FEET 26. S 41°07'16 11 E 105.82 FEET 27. S 33°43 1 47 11 E 107.86 FEET 28. S 31°39'54 11 E 78.81 FEET 29. S 44°00'03 11 E 113.96 FEET 30. S 52°24 1 20 11 E 86.50 FEET 31. S 35°41'35 11 E 43.48 FEET 32. S 18°54 1 25 11 E 62.55 FEET 33. S 26°48 1 20 11 E 139.55 FEET 34. S 23°50'33 11 E 101.77 FEET TO A POINT ON THE EASTERLY LINE OF LOT 11 OF SAID SECTION 18; THENCE S 00 • 00' 00 11 E ALONG THE EASTERLY LINE OF SAID LOT 11 AND LOT 14 OF SAID SECTION 18 622.77 FEET TO A POINT BEING 5.0 FEET WESTERLY OF THE HIGH WATER LINE OF A-5 PAGE NO .• ASPEN GLEN CLUB P.U.D. PROPERTY DESCRIPTION • BOOK 835 P!GE352 THE WESTERLY BANK OF THE ROARING FORK RIVER; THENCE LEAVING SAID LOT LINE THE FOLLOWING FIVE (5) COURSES ALONG A LINE BEING FIVE FEET WESTERLY OF AND PARALLEL TO THE HIGH WATER LINE OF THE WESTERLY BANK OF THE ROARING FORK RIVER: 1. S 52°11 1 09 11 W 31.96 FEET 2. S 55°08'57 11 W 79.59 FEET 3. S 59°32 1 47 11 W 54.32 FEET 4. S 36°29'50 11 W 11.85 FEET 5. ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A. RADIUS OF 1033.63 FEET AND A CENTRAL ANGLE OF 21°35'27", A DISTANCE OF 389.50 FEET (CHORD BEARS S 49°22 1 26 11 W 387.20 FEET) TO A POINT ON THE NORTHERLY LINE OF THE SW\SE\ OF SAID SECTION 18; THENCE S 89°58 1 06 11 W ALONG SAID NORTHERLY LINE 234.22 FEET TO THE NORTHWEST CORNER OF SAID SW\SE\; THENCE S 00 ° 36' 33 11 W ALONG THE WESTERLY LINE OF SAID SW\SE\ 334. 72 FEET TO THE SOUTHWEST CORNER OF THE N\N\SW\SE\; THENCE N 89 ° 55' 05 11 E ALONG THE SOUTHERLY LINE OF SAID N\N\SW\SE\ 59. 71 FEET TO A POINT WHICH IS FIVE FEET WESTERLY OF THE HIGH WATER LINE OF THE WESTERLY BANK OF THE ROARING FORK RIVER; THENCE ALONG A LINE BEING FIVE FEET WESTERLY OF AND PARALLEL TO THE HIGH WATER LINE OF THE WESTERLY BANK OF THE ROARING FORK RIVER ALONG THE ARC OF A NON- TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1033.63 FEET AND A CENTRAL ANGLE OF 16°13'19", A DISTANCE-OF 292.65 FEET (CHORD BEARS S 09°19'50 11 W 291.67 FEET); THENCE LEAVING SAID FIVE FOOT OFFSET LINEN 89°23'42 11 W 15.53 FEET TO A POINT ON THE EASTERLY LINE OF LOT 17 OF SAID SECTION 18; THENCE S 00°36'18 11 W ALONG SAID EASTERLY LINE 716.59 FEET TO THE SOUTHEAST CORNER OF SAID LOT 17; THENCE S 89°46'00 11 W ALONG THE SOUTHERLY LINE OF SAID LOT 17, 289.11 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF COLORADO MIDLAND RAILROAD; THENCE N 30°32'18 11 W ALONG SAID EASTERLY RIGHT-OF-WAY 1822.07 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY N 30°27'02 11 W 783.75 FEET TO A POINT ON THE SOUTHERLY LINE OF TELLER SPRINGS SUBDIVISION; THENCE N 81°50 1 40 11 E ALONG SAID SOUTHERLY LINE 5. 57 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 120.112 ACRES, MORE OR LESS. ALSO EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY A PARCEL OF LAND SITUATED IN LOT 1 AND 6 OF SECTION 13, TOWNSHIP 7 SOUTH, RANGE 89 WEST AND IN LOTS 4, 6 AND 9 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 13, AN AXLE IN PLACE; THENCE S 80°09'24 11 E 2469.81 FEET TO A POINT ON THE EASTERLY LINE OF THE LEASE AND AGREEMENT FOR THE SALE AND PURCHASE OF GRAVEL PARCEL, THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID A-6 • • PAGE NO •• ASPEN GLEN CLUB P.U,D. PROPERTY DESCRIPTION • BDOK 835 ncE~l53 EASTERLY LINES 86°54 1 40 11 E 90.38 FEET; THENCE N 83°12 1 17 11 E 112.38 FEET; THENCE N 48°46 1 15 11 E 165,45 FEET; THENCE S 44°59 1 32" E 246.06 FEET; THENCE S 82°13 1 10 11 E 210.86 FEET; THENCE S 40°56 1 54 11 E 296.12 FEET; THENCE S 37°16 1 31 11 E 360.84 FEET; THENCE S 44°29 1 49" W 47.14 FEET TO A POINT ON THE EASTERLY LINE OF SAID LEASE AND AGREEMENT PARCEL; THENCE N 52°21 1 1511 W 35.90 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINEN 74°03 1 06 11 W 68.83 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINEN 69°18 1 14 11 W 76.28 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINEN 58°42 1 41 11 W 86,11 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 66 • 35 1 27 11 W 54. 01 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 67°05 1 38 11 W 7 3. 6 7 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 50°09 1 46" W 64.52 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 51 • 4 6 1 39 11 W 131. 3 5 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 52°18 1 07 11 W 96.50 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINEN 52°49 1 53 11 W 56.67 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 63°33 1 32 11 W 80.52 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINEN 69°19 1 37 11 W 71.02 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINEN 58°15 1 43 11 W 56.28 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 57 • 18 1 29 11 W 62. 81 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 59°30 1 17 11 W 68.30 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINEN 65°43 1 26 11 W 93.55 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 54°12 1 24 11 W 91.37 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 5.417 ACRES, MORE OR LESS . THE ABOVE DESCRIBED PROPERTY IS ALSO SUBJECT TO THE GARFIELD COUNTY ROAD NO. 109 RIGHT-OF-WAY DESCRIBED AS FOLLOWS: A 60.00 1 WIDE PARCEL OF LAND SITUATED IN LOT 23 OF SECTION 12, LOTS 3, 4, 5, 8, 10, 12, 13, AND 16 OF SECTION 13 1 LOT 1 OF SECTION 24, ALL IN TOWNSHIP 7 SOUTH, RANGE 89 WEST, AND IN LOTS 8, 9 1 AND 17 OF SECTION 19 1 TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (ALL BEARINGS CONTAINED HEREIN ARE BASED ON A BEARING OF S 00°01'46 11 W BETWEEN THE NORTHWEST CORNER OF SAID SECTION 20 AND THE WEST QUARTER CORNER OF SAID SECTION 20, 1986 BLM ALUMINUM CAPS IN PLACE) COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 13, AN AXLE IN PLACE; THENCE N 00 • 11 1 14 11 W ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 12, 458. 62 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY FENCE OF GARFIELD COUNTY ROAD NO. 109, A REBAR AND CAP L.S. #19598 FOUND IN PLACE, THE TRUE POINT OF BEGINNING; THENCE S 13°28 1 04 11 E ALONG SAID RIGHT-OF-WAY FENCE 553.88 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCE A-7 [ PAGE NO .• ASPEN GLEN CLUB P.U.D. PROPERTY DESCRIPTION BOOK ~5 PACE354 S 09°05 1 41 11 E 565.53 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF- WAY FENCES 17°42'56 11 E 728.56 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCE S 40°03'42 11 E 175.51 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCES 32°40'06 11 E 463.99 FEET; THENCE LEAVING SAID RIGHT-OF-WAY FENCE AND ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD #109 S 32°40 1 06 11 E 25.66 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY S 20°26'02 11 E 562.19 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 5287.84 FEET AND A CENTRAL ANGLE OF 05°52'29 11 , A DISTANCE OF 542.18 FEET (CHORD BEARS S 23°22'16 11 E 541.94 FEET); THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY S 26 • 18' 31 11 E 854. 10 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 730.33 FEET, A CENTRAL ANGLE OF 19°45'06", A DISTANCE OF 251.77 FEET (CHORD BEARS S 16°25'57 11 E 250.53 FEET); THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAYS 06°33'24 11 E 156. 75 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1635.67 FEET, A CENTRAL ANGLE OF 19°07'06", A DISTANCE OF 545.79 FEET (CHORD BEARS S 16°06'57 11 E 543.26 FEET); THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY S 20°41'20" E 11.95 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY S 29 • 02' 45 11 E 367. 48 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY S 29°19'46" E 501.69 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAYS 32°15'50 11 E 38.79 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAYS 34°46 1 46 11 E 649.59 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAYS 46°01 1 35 11 E 38.04 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY S 57°35 1 29 11 E 479.98 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY S 57°36'01 11 E 517.80 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY S 77°49'23 11 E 107.47 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S 78°59'34 11 E 402.07 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1001.79 FEET AND A CENTRAL ANGLE OF 11°53 1 43", A DISTANCE OF 207.98 FEET, (CHORD BEARS S 84°56 1 26 11 E 207.61 FEET); THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N 89°06'43 11 E 181.02 FEET THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 190.10 FEET AND A CENTRAL ANGLE OF 62°50'04", A DISTANCE OF 208.48 FEET, (CHORD BEARS S 59°28'15 11 E 198.19 FEET); THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S 28°03 1 13 11 E 259.67 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF- WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1494.54 FEET AND A CENTRAL ANGLE OF 18°30'15", A DISTANCE OF 482.67 FEET, (CHORD BEARS S 37°18 1 21 11 E 480.58 FEET); THENCE CONTINUING ALONG SAID RIGHT-OF-WAYS 46°33 1 28 11 .E 453.89 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1024.62 FEET AND CENTRAL ANGLE OF 19°52'05", A DISTANCE OF 355.30 FEET (CHORD BEARS S 36°37 1 26 11 E 353.52 FEET); THENCE CONTINUING ALONG SAID RIGHT-OF-WAYS 26°41'23 11 E 161.91 A-8 • • PAGE NO. 9. ASPEN GLEN CLUB P.U.D. PROPERTY DESCRIPTION FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1902.23 FEET AND A CENTRAL ANGLE OF 08°22'57 11 , A DISTANCE OF 278.30 FEET, (CHORD BEARS S 30°52'52 11 E 278.05 FEET); THENCE CONTINUING ALONG SAID RIGHT-OF- WAY S 35°04 1 20 11 E 518.24 FEET TO A POINT ON THE SOUTHERLY LINE OF THE SIEVERS PARCEL; THENCE N 89°15 1 57 11 W ALONG SAID SOUTHERLY LINE 6.66 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S 00°01 1 25 11 W 59.78 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINEN 32°31'00" W 1283.00 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINEN 47°20 1 00 11 W 761.88 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD NO. 109; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1554.54 FEET AND A CENTRAL ANGLE OF 09°36 1 39 11 , A DISTANCE OF 260. 76 FEET, ( CHORD BEARS N 32 • 51' 33 11 W 260. 45 FEET); THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N 28 • 03' 13 11 W 259. 67 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 130 .10 FEET AND A CENTRAL ANGLE OF 62°50 1 04 11 , A DISTANCE OF 142.68 FEET, (CHORD BEARS N 59°28 1 15 11 W 135.64 FEET); THENCE CONTINUING ALONG SAID RIGHT-OF- WAY S 89°06'43 11 W 177.52 FEET TO A POINT ON THE SOUTHERLY LINE OF THE SIEVERS PARCEL; THENCE N 47°20'00 11 W ALONG SAID SOUTHERLY LINE 41.37 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE N 81°57'00 11 W 723.48 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID GARFIELD COUNTY ROAD NO. 109; THENCE N 57°36 1 01 11 W ALONG SAID WESTERLY RIGHT-OF-WAY 513.47 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 57°35'29 11 W 486.06 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 46 • 01 1 35 11 W 50. 02 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 34°46'46 11 W 656.82 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 32°15'50 11 W 41.64 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 29°19 1 46 11 W 503.37 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 29°02'45 11 W 372.01 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 20 • 41 1 20 11 W 13. 75 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1695.67 FEET AND A CENTRAL ANGLE OF 19°01'46", A DISTANCE OF 563.17 FEET (CHORD BEARS N 16°04'17 11 W 560.59 FEET); THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 06°33 1 24 11 W 156.75 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 670.33 FEET AND A CENTRAL ANGLE OF 19.45'06 11 , A DISTANCE OF 231.09 FEET (CHORD BEARS N 16°25'57" W 229.94 FEET); THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 26°18 1 31 11 W 854 .10 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 5347.84 FEET AND A CENTRAL ANGLE OF 05°52'29 11 , A DISTANCE OF 548.33 FEET (CHORD BEARS N 23°22 1 16 11 W 548.09 FEET); THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 20°26 1 02 11 W 555.76 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 32•40 1 06 11 W 4 79. 34 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY A-9 • • PAGE NO .• ASPEN GLEN CLUB P.U.D. PROPERTY DESCRIPTION • BOOK 835 rrnE35'7 2 OF SAID SECTION 29 S 01°21 1 57 11 W 462.08 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID STATE HIGHWAY #82; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY N 35°09 1 16 11 W 3904.20 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAYS 88°33'59 11 E 62.27 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY N 35°09'16 11 W 652.28 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAYS 00°11 1 56 11 E 87.27 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINEN 35°09'16 11 W 1191.18 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINING 31.789 ACRES MORE OR LESS. THE ABOVE DESCRIBED PROPERTY IS ALSO SUBJECT TO THE DENVER & RIO GRANDE WESTERN RAILROAD RIGHT-OF-WAY DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN THE NE\NW\ AND IN LOTS 5, 6, 7, 10, 11, 16, AND 20 OF SECTION 20 AND IN LOT 2 OF SECTION 29, ALL IN TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (ALL BEARINGS CONTAINED HEREIN ARE BASED ON A BEARING OF S 00°01'46 11 W BETWEEN THE NORTHWEST CORNER OF SAID SECTION 20 AND THE WEST QUARTER CORNER OF SAID SECTION 20, 1986 BLM ALUMINUM CAPS IN PLACE) BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 20; THENCE S 47°24'11" E 1785.35 FEET TO THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY OF THE DENVER & RIO GRANDE WESTERN RAILROAD AND THE WESTERLY LINE OF SAID NE\NW\, THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHERLY RIGHT-OF-WAY OF SAID RAILROAD S 35°09 1 16 11 E 1191.18 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RAILROAD RIGHT-OF-WAY N 00°11 1 56 11 W 87.27 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S 35 • 09' 16 11 E 652. 28 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N 88°33 1 59 11 w 62.27 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S 35°09'16" E 3904.20 FEET TO A POINT ON THE EASTERLY LINE OF LOT 2 OF SAID SECTION 29; THENCE ALONG THE EASTERLY LINE OF SAID LOT 2 SOUTH 01°21'57 11 W 168.04 FEET TO A POINT OF INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID DENVER & RIO GRANDE WESTERN RAILROAD AND THE EASTERLY LINE OF SAID LOT 2; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINEN 35°09'16 11 W 4113.48 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE N 88°33 1 59 11 W 62. 27 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINEN 35°09'16 11 W 217.72 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE N 00 ° 11 '56 11 W 87. 27 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINEN 35°09'16 11 W 608.79 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE N 35°09 1 16 11 W 583.96 FEET TO A POINT ON THE WESTERLY LINE OF THE A-11 • • BOOK 835 PAGE359 • • EXHIBIT TO ASPEN GLEN RESOLUTION DEVELOPMENT AGREEMENT • • • BOOK 835 PhCE360 DEVELOPMENT AGREEMENT WHEREAS, the Aspen Glen Company has tendered a proposed Planned Unit Development to the Board of County Commissioners of Garfield County, Colorado, requesting approval of that extensive development plan; and WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has determined that such plan should be granted subject to extensive conditions, specifically including a detailed phasing plan. NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE ASPEN GLEN COMPANY AND THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, AS FOLLOWS: 1. The PUD plan submitted by the Aspen Glen Company, on or about March 3, 1992, and conditionally approved by the Board of County Commissioners on June 29, 1992, shall be deemed to be a site specific development plan entitling the developer to certain vested rights as set forth in Section 24-68-101, et seq., C.R.S., as amended. 2. The proposed PUD, as conditionally approved, contains a specific phasing plan at Paragraph 79 of that Resolution. Additionally, the magnitude of the proposed project, including a regionalized wastewater facility, development of a water treatment system, extensive on and off site road improvements, and development of over 600 housing units, requires that the Board of County Commissioners extend the period for vested rights attaching to that site specific development plan to and including the period of June 30, 1992 through and including March 14, 2001. 3. The approval of the Aspen Glen PUD, together with the extended period for vested rights is specifically conditioned upon strict compliance with all of the terms and conditions of the approval of that PUD as set forth in the Resolution of June 29, 1992. The developer shall comply strictly with the terms of phasing set forth in Paragraph 79 of that Resolution. By specifically noting that strict compliance is needed with the terms of phasing, neither party herein diminishes the obligation of the developer, the Aspen Glen Company, to comply with all of the conditions set forth in the approval of that PUD. The parties to this agreement recognize that the failure of the applicant to comply with any of the terms and conditions of approval of the PUD as set forth by the Board of County Commissioners, shall subject the applicant to a forfeiture of the vested rights agreed to herein, as set forth in Section 24-68-103(1), C.R.S., as amended. • • BOOK 835 PACE362 • EXHIBIT TO ASPEN GLEN RESOLUTION • PLANNED UNIT DEVELOPMENT PLAN MAP • • • • • BOOK 835 P~CE360 DEVELOPMENT AGREEMENT WHEREAS, the Aspen Glen Company has tendered a proposed Planned Unit Development to the Board of County Commissioners of Garfield County, Colorado, requesting approval of that extensive development plan; and WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has determined that such plan should be granted subject to extensive conditions, specifically including a detailed phasing plan. NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE ASPEN GLEN COMPANY AND THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, AS FOLLOWS: 1. The PUD plan submitted by the Aspen Glen Company, on or about March 3, 1992, and conditionally approved by the Board of County Commissioners on June 29, 1992, shall be deemed to be a site specific development plan entitling the developer to certain vested rights as set forth in Section 24-68-101, et seq., C,R.S., as amended, 2. The proposed PUD, as conditionally approved, contains a specific phasing plan at Paragraph 79 of that Resolution. Additionally, the magnitude of the proposed project, including a regionalized wastewater facility, development of a water treatment system, extensive on and off site road improvements, and development of over 600 housing units, requires that the Board of County Commissioners extend the period for vested rights attaching to that site specific development plan to and including the period of June 30, 1992 through and including March 14, 2001. 3. The approval of the Aspen Glen PUD, together with the extended period for vested rights is specifically conditioned upon strict compliance with all of the terms and conditions of the approval of that PUD as set forth in the Resolution of June 29, 1992. The developer shall comply strictly with the terms of phasing set forth in Paragraph 79 of that Resolution. By specifically noting that strict compliance is needed with the terms of phasing, neither party herein diminishes the obligation of the developer, the Aspen Glen Company, to comply with all of the conditions set forth in the approval of that PUD, The parties to this agreement recognize that the failure of the applicant to comply with any of the terms and conditions of approval of the PUD as set forth by the Board of County Commissioners, shall subject the applicant to a forfeiture of the vested rights agreed to herein, as set forth in Section 24-68-103(1), C.R.S., as amended . • • BOOK 835 PAGE359 EXHIBIT TO ASPEN GLEN RESOLUTION DEVELOPMENT AGREEMENT • ASPEN GLEN PUD Eighth Amended PUD Guidelines Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 *This document has been compiled from Board of County Commissioner resolutions referenced above. Page 2 A. Applicability Statement To carry out the purposes and provisions of the Garfield County Zoning Regulations, as amended, The Aspen Glen Club Planned Unit Development Zone District is further divided into the following zone district classifications: 2 Acre Residential Zone District 1 Acre Residential Zone District ¾ Acre Residential Zone District ½ Acre Residential Zone District ¼ Acre Residential Zone District Duplex Residential Zone District Club Villa Residential Zone District Golf Course Zone District Golf Clubhouse Zone District Open Space/River Parks Zone District B. PUD Zone District Regulations The following subsections describe the proposed zoning districts for The Aspen Glen Club. It is intended that a preliminary plan and final plat will be submitted for the residential development areas that are consistent with the concept and development standards set forth in the following subsections. It is intended that, for the Zone Districts described in items enumerated as 1 through 10 of this Section B, in addition to the permitted uses listed in the descriptions for each such Zone District well also include all uses by right permitted within the Garfield County Zone District known as A/R/R/D, as such uses are described in the Zoning Regulation adopted and enacted by the Board of County Commissioners of Garfield County in effect from time to time. At such time, however, as any portion of the property comprising The Aspen Glen Club is subdivided as evidenced by the recording with the Clerk and Recorder of Garfield County of a final, signed, approved subdivision plat for any such portion of the property, any right to use such platted portion of the property for any additional uses permitted by the A/R/R/D zoning shall automatically terminate, and such platted property shall be zoned only for the permitted uses specifically described in items 1 through 10 following. Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 *This document has been compiled from Board of County Commissioner resolutions referenced above. Page 3 1. 2 Acre Residential Zone District Single-family detached structures intended for individual lot ownership. a) Permitted Uses: Single-family residential plus accessory uses, including guest and/or caretaker’s quarters; home occupation; water storage tank. b) Minimum Lots Size: 87,120 square feet (2 acres) c) Maximum Building Height: 32 feet d) Minimum Front Yard if abutting CR 109: 50 feet from ROW line e) Minimum Front Yard if Abutting Public/Private Street: 35 feet from roadway easement/ROW f) Minimum Lot Width*: 150 feet at building setback g) Minimum Lot Depth: 250 feet h) Maximum Floor Area Ratio: .25 i) Minimum Rear Yard: 35 feet j) Minimum Each Side Yard: 10 Feet or ½ height of principal building which is greater k) Corner Lot Minimum Side Yard Abutting Public/Private Street: 25 feet from roadway easement/ROW l) Minimum off Street Parking per DU: Four (4) spaces *Cul-de-sac, pie-shaped and flag lots may have less than minimum width measured at building setback, but not lot shall have less than 25 feet of width on public access right-of-way or easement. NOTE: Each lot will have a pre-determined building envelope within which all structures will be confined. The remainder of the lot must be left in its natural state, a portion of which shall be designated as an “Area Prohibited for Development” on the PUD Development Plan. The envelope shall be designated at Preliminary Plan. Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 *This document has been compiled from Board of County Commissioner resolutions referenced above. Page 4 2. 1 Acre Residential Zone District Single-family detached structures intended for individual lot ownership. a) Permitted Uses: Single-family residential plus accessory uses, including guest and/or caretaker’s quarters; home occupation. b) Minimum Lots Size: 45,560 square feet (1acre) c) Maximum Building Height: 25 feet d) Minimum Front Yard if Abutting Public/Private Street: 35 feet from roadway easement/ROW e) Minimum Lot Width*: 150 feet at building setback f) Minimum Lot Depth: 220 feet g) Maximum Floor Area Ratio: .25 h) Minimum Rear Yard: 20 feet i) Minimum Each Side Yard: 10 Feet or ½ height of principal building which is greater j) Corner Lot Minimum Side Yard Abutting Public/Private Street: 25 feet from roadway easement/ROW k) Minimum off Street Parking per DU: Four (4) spaces *Cul-de-sac, pie-shaped and flag lots may have less than minimum width measured at building setback, but not lot shall have less than 25 feet of width on public access right-of-way or easement. Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 *This document has been compiled from Board of County Commissioner resolutions referenced above. Page 5 3. ¾ Acre Residential Zone District Single-family detached structures intended for individual lot ownership. a) Permitted Uses: Single-family residential plus accessory uses, except guest and/or caretaker’s quarters; home occupation; existing main residence and guest house may be utilized as a Bed and Breakfast for no more than 10 beds and temporary clubhouse for the golf course. Temporary clubhouse uses shall be the same as a typical golf clubhouse facility. b) Minimum Lots Size: 32,670 square feet (¾ acre) c) Maximum Building Height: 25 feet d) Minimum Front Yard if Abutting Public/Private Street: 35 feet from roadway easement/ROW e) Minimum Lot Width*: 140 feet at building setback f) Minimum Lot Depth: 175 feet g) Maximum Floor Area Ratio: .25 h) Minimum Rear Yard: 20 feet i) Minimum Each Side Yard: 10 Feet or ½ height of principal building which is greater j) Corner Lot Minimum Side Yard Abutting Public/Private Street: 25 feet from roadway easement/ROW k) Minimum off Street Parking per DU: Four (4) spaces *Cul-de-sac, pie-shaped and flag lots may have less than minimum width measured at building setback, but not lot shall have less than 25 feet of width on public access right-of-way or easement. Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 *This document has been compiled from Board of County Commissioner resolutions referenced above. Page 6 4. ½ Acre Residential Zone District Single-family detached structures intended for individual lot ownership. a) Permitted Uses: Single-family residential plus accessory uses, except guest and/or caretaker’s quarters; home occupation; water treatment facility. b) Minimum Lots Size: 21,780 square feet c) Maximum Building Height: 25 feet d) Minimum Front Yard if Abutting CR 109: 50 feet from ROW line e) Minimum Front Yard if Abutting Public/Private Street: 35 feet from roadway easement/ROW f) Minimum Lot Width*: 120 feet at building setback g) Minimum Lot Depth: 150 feet h) Maximum Floor Area Ratio: .25 i) Minimum Rear Yard: 20 feet j) Minimum Each Side Yard: 10 Feet or ½ height of principal building which is greater k) Corner Lot Minimum Side Yard Abutting Public/Private Street: 25 feet from roadway easement/ROW l) Minimum off Street Parking per DU: Four (4) spaces *Cul-de-sac, pie-shaped and flag lots may have less than minimum width measured at building setback, but not lot shall have less than 25 feet of width on public access right-of-way or easement. Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 *This document has been compiled from Board of County Commissioner resolutions referenced above. Page 7 5. ¼ Acre Residential Zone District Single-family detached structures intended for individual lot ownership. a) Permitted Uses: Single-family residential plus accessory uses, except guest and/or caretaker’s quarters; home occupation. b) Minimum Lots Size: 10,890 square feet c) Maximum Building Height: 25 feet d) Minimum Front Yard if Abutting CR 109: 50 feet from ROW line e) Minimum Front Yard if Abutting Public/Private Street: 30 feet from roadway easement/ROW f) Minimum Lot Width*: 60 feet at building setback g) Minimum Lot Depth: 120 feet h) Maximum Floor Area Ratio: .35 i) Minimum Rear Yard: 20 feet j) Minimum Each Side Yard: 10 Feet k) Corner Lot Minimum Side Yard Abutting Public/Private Street: 15 feet from roadway easement/ROW l) Minimum off Street Parking per DU: Four (4) spaces *Cul-de-sac, pie-shaped and flag lots may have less than minimum width measured at building setback, but not lot shall have less than 25 feet of width on public access right-of-way or easement. Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 *This document has been compiled from Board of County Commissioner resolutions referenced above. Page 8 6. Duplex Residential Zone District Two-family attached structures intended for individual lot ownership. a) Permitted Uses: Single-family residential and two-family residential. Provided, however that the following uses shall be allowed upon Lot D45, as depicted on the Final Plat Aspen Glen Filing No. 1: A sales and reception center or real estate sales professionals and customers; a reception center for development sponsored guests of Aspen Glen; offices for real estate sales, administration, homeowners association matters, and related office uses. b) Minimum Lots Size: 15,625 square feet c) Maximum Building Height: 30 feet d) Minimum Front Yard if Abutting Arterial Street: 50 feet from ROW line e) Minimum Front Yard if Abutting Public/Private Street: 30 feet from roadway easement/ROW f) Minimum Lot Width* (see below): 125 feet at building setback g) Minimum Lot Depth: 125 feet h) Maximum Floor Area Ratio: .30 i) Minimum Rear Yard** (see below): 20 feet j) Minimum River Setback (from Normal High Water Line) 50 feet for buildings and 25 feet for fences k) Minimum Each Side Yard*** (see below): 10 Feet or ½ height of principal building which is greater; zero lot line allowed between duplex units as provided for in re-subdivision procedure as defined below l) Corner Lot Minimum Side Yard Abutting Public/Private Street: 15 feet from roadway easement/ROW Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 *This document has been compiled from Board of County Commissioner resolutions referenced above. Page 9 6. Duplex Residential Zone, Con’t. m) Minimum off Street Parking per DU: Four (4) spaces *Cul-de-sac, pie-shaped and flag lots may have less than minimum width measured at building setback, but not lot shall have less than 25 feet of width on public access right-of-way or easement. ** Rear building line and fencing allowances on river golf course and other premium frontage lots are to be determined on a lot by lot basis at time of subdivision platting. *** Each duplex lot may be re-subdivided along a common wall departing the individual dwelling units of a two-family residence. Re-subdivision of a duplex lot shall be processed as follows: A plat of the lot to be re-subdivided shall be submitted along with a narrative requesting the re-subdivision and the written consent of the lot owner to the Garfield County Department of Planning. Staff shall review and compare the plat with the previously recorded plat for the affected area of the Aspen Glen Planned Unit Development. Within thirty (30) days of submittal the re-subdivision plat shall be brought before the Board of County Commissioners for review and decision. If the re-subdivision plat meets the criteria set forth by these Aspen Glen PUD Zone Regulations, the Board of County Commissioners shall approve the re-subdivision along the common wall of the duplex structure. A Final Plat having all other signatures and statement required of a plat and titled “Re- subdivision of Lot ___, Block ___ of ___ (reference the title of the appropriate Aspen Glen PUD recorded plat), shall be signed and dated by the County Surveyor, then dated and signed by the Chairman of the Board and recorded in the Clerk and Recorder’s Office of Garfield County within ninety (90) days. NOTE: As provided for in the guidelines of the Protective Covenants, there will be no architectural mirror image of duplex units. While each unit may be similar in size, it is intended the entire duplex structure appear architecturally unified in that the duplex will have the character of one residential structure. The smaller of the two duplex units may not exceed 40% of the allowable square footage. Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 *This document has been compiled from Board of County Commissioner resolutions referenced above. Page 10 7. Club Villa Acre Residential Zone District Single-family attached and single-family detached residential dwellings intended for individual lot ownership, which may include golf villas, townhomes, club villas, and duplexes. Single-Family Attached a) Permitted Uses: Single-family residential (attached) plus accessory uses, except guest and/or caretaker’s quarters; home occupation; water treatment facility. b) Minimum Lots Size: 22,500 square feet c) Maximum Building Height: 25 feet d) Minimum Front Yard if Abutting Public/Private Street: 20 feet from roadway easement/ROW e) Minimum Lot Width*: 60 feet at building setback f) Minimum Lot Depth: 100 feet g) Maximum Floor Area Ratio for Entire Development Tract: .5 h) Minimum Rear Yard: 20 feet i) Minimum Each Side Yard: 7.5 Feet j) Minimum separation Between Buildings: 15 feet k) Maximum Number of Attached Units (in a single structure): 8 units l) Minimum off Street Parking per DU: Two (2) spaces m) Minimum Open Space per each Villa Development Tract: 25% Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 *This document has been compiled from Board of County Commissioner resolutions referenced above. Page 11 7. CLUB VILLA ZONE CONTINUED Duplex a) Permitted Uses: Single-family residential and two-family residential plus accessory uses, except guest and/or caretaker’s quarters; home occupation; water treatment facility. b) Minimum Lots Size: 15,625 square feet c) Maximum Building Height: 25 feet d) Minimum Front Yard if Abutting Public/Private Street: 20 feet from roadway easement/ROW (per Director Decision recorded at Reception Number 796954) e) Minimum Lot Width*: 125 feet at building setback f) Minimum Lot Depth: 100 feet g) Maximum Floor Area Ratio for Entire Development Tract: .3 h) Minimum Rear Yard: 20 feet i) Minimum Each Side Yard: 10 feet or ½ height of the principle building whichever is greater j) Corner Lot Minimum Side Yard Abutting Public/Private Street: 15 feet from roadway easement /ROW k) Minimum off Street Parking per DU: Four (4) spaces Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 *This document is a compilation of approvals granted by the Board of County Commissioner in resolutions referenced above. Page 12 7. CLUB VILLA ZONE CONTINUED Single-Family Detached a) Permitted Uses: Single-family residential (detached) plus accessory uses, excluding guest and/or caretaker’s quarters; home occupation; water treatment facility. b) Minimum Lots Size: 10,890 square feet c) Maximum Building Height: 25 feet d) Minimum Front Yard if Abutting Public/Private Street: 25 feet from roadway easement/ROW e) Minimum Lot Width*: 60 feet at building setback f) Minimum Lot Depth: 100 feet g) Maximum Floor Area Ratio for Entire Development Tract: .25 h) Minimum Rear Yard: 20 feet unless abutting BLM or open space/golf parcels then 10 feet i) Minimum Each Side Yard: 10 feet j) Corner Lot Minimum Side Yard Abutting Public/Private Street: 15 feet from roadway easement /ROW k) Minimum off Street Parking per DU: Two (2) spaces *Cul-de-sac, pie-shaped and flag lots may have less than minimum width measured at building setback, but not lot shall have less than 25 feet of width on public access right-of-way or easement. Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 *This document has been compiled from resolutions approved by the Board of County Commissioner as referenced above. Page 13 8. Golf Course Zone District a) Permitted Uses: Golf course, golf maintenance facility, related activities, fire/security station and accessory uses; water treatment facility b) Golf Maintenance Building and Accessory Buildings: 1) Maximum Building Height: 25 feet 2) Building setback from CR 109 and any adjacent residential land uses: 25 Feet Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 *This document has been compiled from resolutions approved by the Board of County Commissioner as referenced above. Page 14 9. Golf Clubhouse Zone District a) Permitted Uses: Golf clubhouse (including but not limited to, pro-shop, restaurant, lounge, exercise facility, locker rooms, library and memorabilia rooms, meeting and special function rooms); Real estate sales office; fishing tackle sales; beauty salon and barber shop; business services; auto detailing; reservation services; recreational and related activities; convenience store; bed and breakfast for no more than 10 beds; A maximum of ten (10) single family attached residential dwelling units intended for condominium or town home ownership. b) Maximum Building Height: 40 feet c) Minimum Front Yard if Abutting Public/Private Street: 5 feet from roadway easement/ROW d) Maximum Floor Area Ratio for Entire Development Tract: .25 e) Minimum Rear Yard: 50 feet f) Minimum Side Yard: 25 feet g) Minimum off Street Parking per DU: 150 spaces plus one additional space per each bed in bed and breakfast facility h) For single family attached residential dwelling units allowed within this Zone District, the following Development Standards apply: 1) Minimum lot size per condominium structure: 9,600 square feet 2) Maximum building height: 29 feet 3) Minimum lot width: 40 feet 4) Minimum lot depth: 100 feet 5) Minimum separation between buildings: 20 feet Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 *This document has been compiled from resolutions approved by the Board of County Commissioner as referenced above. Page 15 9. Golf Clubhouse Zone District, Con’t. 6) Minimum setback from public/private street or driveway: 10 feet 7) Maximum floor area ratio (total of floor space of all units on any single condominium or townhome lot: .5 8) Minimum off-street parking per residential dwelling unit: Two (2) spaces Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 *This document has been compiled from resolutions approved by the Board of County Commissioner as referenced above. Page 16 10. Open Space/River Parks Zone District a) Permitted Uses: Passive and active recreational activities; park facilities; clubhouse with snack bar; fishing tackle sales; equestrian facilities; tack services; reservation services; water treatment facility; water storage tanks; and wastewater treatment facility b) Maximum Building Height: 25 feet provided that water storage tanks may exceed such height limitation c) Building Setback from Residential Property Line or Road ROW: 25 feet Resolutions 92-056, 94-089, 96-06, 97-38, 97-79, 98-66, 98-88, 99-018, 99-084 *This document has been compiled from resolutions approved by the Board of County Commissioner as referenced above. Page 17 C. General Provisions 1. Effect of Garfield County Zoning Resolution (adopted January 2, 1979) The provisions of the Garfield County Zoning Resolution and the successors thereof as now in effect and as hereafter amended, are by this reference incorporated herein as if set forth in full, to the extent not divergent from the provisions of the Aspen Glen Planned Unit Development Zone Regulations. 2. Conflict The provisions of the Zoning Regulations shall prevail and govern the development of Aspen Glen PUD provided, however, where the provisions of the Aspen Glen PUD Zone Regulations do not clearly address a specific subject, the ordinances, resolutions or regulations of Garfield County shall prevail. Definitions established herein shall take precedence over definitions established by Subdivisions Regulations of Garfield County, adopted April 23, 1984, whenever these regulations are applicable to the Aspen Glen PUD. By way of example, the floodplain regulations suet forth in Section 6:00 of the Garfield County Zoning Regulations are fully applicable to this proposed PUD. D. Variance from Subdivision Regulations Except as defined below, all provisions of the Garfield County Subdivision Regulations shall be applicable to The Aspen Glen Club PUD. 1. Street Design: Standard street cross sections hall be as identified in Section V, D. (page 42), title Typical Roadway Cross Sections. 2. If an emergency access point has not been provided, cul-de-sacs in excess of 600 feet will be allowed with the following design standards: a. Right-of-way minimum radius: 62 feet b. Driving surface minimum radius: 60 feet 3. Sidewalks are not required in the street right-of-way except as proposed in Section V, H (p. 46), titled Public and Private Trail System Plan. 4. In situations where topography or development tract orientation dictates, the offset between intersecting streets will be a minimum of 100 feet. Copyright 2006-2013 American Land Title Association. All rights reserved. The user of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Cell Tower Information Binder CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this Binder mean: (a) “Land”: The land described, specifically or by reference, in this Binder and improvements affixed thereto which by law constitute real property; (b) “Public Records”: those records which impart constructive notice of matters relating to said land; (c) “Date”: the effective date; (d) “the Assured”: the party or parties named as the Assured in this Binder, or in a supplemental writing executed by the Company; (e) “the Company” means Old Republic National Title Insurance Company, a Minnesota stock company. 2. Exclusions from Coverage of this Binder The company assumes no liability including cost of defense by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer’s office. (b) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims to title to water. (c) Title to any property beyond the lines of the Land, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Mechanic’s lien(s), judgment(s) or other lien(s). (e) Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered or agreed to by the Assured; (b) not known to the Company, not recorded in the Public Records as of the Date, but known to the Assured as of the Date; or (c) attaching or creating subsequent to the Date. 3. Prosecution of Actions (a) The Company shall have the right at its own costs to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein assured; and the Company may take any appropriate action under the terms of this Binder, whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases where the Company does not institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss – Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Binder shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Binder until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Binder unless action shall be commenced thereon with two years after expiration of the thirty day period. Failure to furnish the statement of loss or damage or to commence the action within the time hereinbefore specified shall be conclusive bar against maintenance by the Assured of any action under this Binder. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay, settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Binder, or to pay the full amount of this Binder. Such payment or tender of payment of the full amount of the Binder shall terminate all liability of the Company hereunder. Copyright 2006-2013 American Land Title Association. All rights reserved. The user of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 6. Limitation of Liability – Payment of Loss (a) The liability of the Company under this Binder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall the liability exceed the amount of the liability stated on the face page hereof. (b) The company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorneys’ fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for loss or damages shall arise or be maintainable under this Binder (1) if the Company after having received notice of any alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (d) All payments under this Binder, except for attorney’s fees as provided for in paragraph 6(b) thereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Binder or an acceptable copy thereof for endorsement of the payment unless the Binder be lost or destroyed, in which case proof of the loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Binder, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation Upon Payment or Settlement When the Company shall have settled a claim under this Binder, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Binder not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to the rights and remedies in the proportion which the payment bears to the amount of said loss. The Assured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect the right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving the rights or remedies. 8. Binder Entire Contract Any action or actions or rights or action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Binder. No provision or condition of this Binder can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices. Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111. 10. Arbitration Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. ANTI-FRAUD STATEMENT: Pursuant to CRS 10-1-128(6)(a), it is unlawful to knowingly provide false, incomplete or misleading facts or information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the department of regulatory agencies. This anti-fraud state is affixed and made a part of this policy. ISSUED THROUGH THE OFFICE OF: Old Republic National Title Insurance Company CELL TOWER INFORMATION BINDER Order Number: 01-23004652-01T Policy Number: OX-14632699 Liability: $75,000.00 Fee: $1250.00 Subject to the exclusions from coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Binder, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Corporation, herein called the Company GUARANTEES RETHERFORD ENTERPRISES Herein called the Assured, against loss, not exceeding the liability amount stated above, which the assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records as of 03/14/2023 1. Title to said estate or interest at the date hereof is vested in: CARBONDALE AND RURAL FIRE PROTECTION DISTRICT 2. The estate or interest in the land hereinafter described or referred to covered by this Binder is: LEASEHOLD 3. The land referred to in this Binder is situated in the State of Colorado, County of GARFIELD, described as follows: THE FIRE STATION PARCEL, AS PER PLAT RECORDED AS DOCUMENT NO. 476330, OF THE GARFIELD COUNTY RECORDS, CONTAINING 0.705 ACRES, AS PER ASSESSOR. 4. The following documents affect the land: 1. SUBJECT TO THE RESERVATIONS SET FORTH IN THE PATENT, RECORDED 07/25/1894, IN BOOK 12, PAGE 322, OF THE GARFIELD COUNTY RECORDS. 2. ROAD VIEWERS REPORT, RECORDED 04/24/1889, IN BOOK 1, PAGE 105, OF THE GARFIELD COUNTY RECORDS. 3. DITCH CLAIM STATEMENT, RECORDED 05/02/1889, IN BOOK 9, PAGE 483, OF THE GARFIELD COUNTY RECORDS. 4. ROAD VIEWERS REPORT, RECORDED 04/07/1890, IN BOOK 1, PAGE 119, OF THE GARFIELD COUNTY RECORDS. 5. RIGHT OF WAY AND EASEMENT IN FAVOR OF ROCKY MOUNTAIN NATURAL GAS COMPANY, INC., RECORDED 10/19/1961 IN BOOK 337, PAGE 246, OF THE GARFIELD COUNTY RECORDS. Old Republic National Title Insurance Company CELL TOWER INFORMATION BINDER Order Number: 01-23004652-01T Policy Number: OX-14632699 6. LICENSE AGREEMENT BY AND BETWEEN ROCKY MOUNTAIN NATURAL GAS COMPANY, INC., AND MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, RECORDED 07/05/1972, IN BOOK 432, PAGE 536, OF THE GARFIELD COUNTY RECORDS. 7. RIGHT-OF-WAY EASEMENT (CORPORATE PROPERTY) IN FAVOR OF THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, RECORDED 09/01/1972 IN BOOK 435, PAGE 10, OF THE GARFIELD COUNTY RECORDS. 8. MEMORANDUM OF OPTION BY AND BETWEEN ASPEN GLEN GOLF PARTNERS, DOING BUSINESS IN THE STATE OF COLORADO AS ASPEN GLEN GOLF PARTNERS, LTD., AND SIEVERS RANCH AND DEVELOPMENT COMPANY, RECORDED 11/27/1991, IN BOOK 818, PAGE 326, OF THE GARFIELD COUNTY RECORDS. 9. RESOLUTION NO. 92-056, RECORDED 06/29/1992, IN BOOK 835, PAGE 305, OF THE GARFIELD COUNTY RECORDS. 10. DEVELOPMENT AGREEMENT BY AND BETWEEN THE ASPEN GLEN COMPANY, AND THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, RECORDED 06/29/1992, IN BOOK 835, PAGE 364, OF THE GARFIELD COUNTY RECORDS. 11. UNRECORDED LEASE EVIDENCED BY ASSIGNMENT OF LEASES FROM SIEVERS RANCH AND DEVELOPMENT COMPANY, FORMERLY KNOWN AS THE SIEVERS RANCH AND DEVELOPMENT COMPANY, ASSIGNOR, TO ASPEN GLEN GOLF PARTNERS, DOING BUSINESS IN THE STATE OF COLORADO AS ASPEN GLEN GOLD PARTNERS, LTD., ASSIGNEE, RECORDED 12/14/1992, IN BOOK 849, PAGE 713, OF THE GARFIELD COUNTY RECORDS. 12. RESOLUTION NO. 93-121, RECORDED 12/28/1993, IN BOOK 887, PAGE 824, OF THE GARFIELD COUNTY RECORDS. 13. RESOLUTION NO. 94-008, RECORDED 02/02/1994, IN BOOK 891, PAGE 620, OF THE GARFIELD COUNTY RECORDS. 14. ORDER AND DECREE CREATING DISTRICT, RECORDED 06/06/1994, IN BOOK 904, PAGE 724, OF THE GARFIELD COUNTY RECORDS. 15. RESOLUTION NO. 94-089, RECORDED 08/09/1994, IN BOOK 911, PAGE 791, OF THE GARFIELD COUNTY RECORDS. 16. AGREEMENT BY AND BETWEEN UNION OIL COMPANY OF CALIFORNIA, AND ASPEN GLEN GOLD PARTNERS, LTD., RECORDED 08/19/1994, IN BOOK 912, PAGE 970, OF THE GARFIELD COUNTY RECORDS. 17. OUT-OF-DISTRICT SEWER SERVICE AGREEMENT BY AND BETWEEN UNION OIL COMPANY OF CALIFORNIA; THE ASPEN GLEN WATER AND SANITATION DISTRICT; AND THE ASPEN GLEN GOLD PARTNERS, DOING BUSINESS IN COLORADO AS ASPEN GLEN GOLF PARTNERS, LTD., RECORDED 08/19/1994, IN BOOK 912, PAGE 973, OF THE GARFIELD COUNTY RECORDS. 18. QUITCLAIM DEED CONVEYING WATER RIGHTS TO ASPEN GLEN GOLF COMPANY, RECORDED 11/08/1994, IN BOOK 921, PAGE 684, OF THE GARFIELD COUNTY RECORDS. 19. STATEMENT OF AUTHORITY, RECORDED 03/02/2020, AS DOCUMENT NO. 932481, OF THE GARFIELD COUNTY RECORDS. 20. GRANT OF EASEMENT IN FAVOR OF CARBONDALE AND RURAL FIRE PROTECTION DISTRICT, RECORDED 03/10/2023, AS DOCUMENT NO. 984111, OF THE GARFIELD COUNTY RECORDS. Old Republic National Title Insurance Company CELL TOWER INFORMATION BINDER Order Number: 01-23004652-01T Policy Number: OX-14632699 FILED FOR RECORD AT REQUEST OF AND WHEN RECORDED RETURN TO: Tock & Corl, PLLC Attn: S. Ward 17502 Marine Drive Stanwood WA 98292 Grantor: Grantee: Legal Description: Assessor's Ta x Parcel ID#: Reference# (if applicable): C03 ASPEN GLEN 4884-4291-8161, v. I Space above this line is for Recorder's use. Memorandum of Land Lease Agreement Carbondal e and Rural Fire Protection District CommNet Cellular Inc. d/b/a Verizon Wireless Fi re Station Parcel, Aspen Glen, Filing No. 1, County of Garfield, State of Colorado Official legal description attached as Exhibit "A" 239319201070 N/A MEMORANDUM OF LAND LEASE AGREEMENT THIS MEMORANDUM OF LAND LEASE AGREEMENT evidences that a Land Lease Agreement ("Agreement") was entered into as of fi d kt,t ,l , 1~ . 202.zJ, by and between Carbondale and Rural Fire Protection District ("Lessor") and CommNet Cellular Inc. d/b/a Verizon Wireless ("Lessee"), for certain real property located along Road 109, County of Garfield, State of Colorado. within the property of Lessor which is described in Exhibit "A" attached hereto ("Legal Description"). together with a right of access and to install and maintain utilities, for an initial term of five (5) years commencing as provided for in the Agreement, which term is subject to Lessee's rights to extend the term of the Agreement as provided in the Agreement. C03 ASPEN GLEN 4884-4291-8161, V , I (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 2 EXHIBIT "A" LEGAL DESCRIPTION FRE STlllOO ~EL. Mf-1:N fl.EN. tlUNiJ NO. 1, JtCOJfittt(l TO THE A.Ar THElm.'f IIEroJ!CfO Nli!L 6. 1995 .-;J RECEP'OON MO . 47SJ30. CO\Rffi' tJ= CA~A8D, STAlE OF COLOIWlO. C03 ASPEN GLEN 4884-4291-8161, v. I 6 Glenn Hartmann From: Sent: To: Cc: Subject: Attachments: Hello Glenn, lance.bleyhl@retherfordenterprises.com Tuesday, May 7, 2024 12:41 PM Glenn Hartmann 'Reagan, Melissa K.' RE: Completeness Review Aspen Glen Minor PUD Modification CO3 Aspen Glen Verizon Payment Agreement042324 .pdf; Aspen Glen title 040123 .pdf; Fire Dept parcel title 041921 .pdf; CRFPD vesting doc.pdf; CRFPD Approval Letter 050224.pdf; CO3 Aspen Glen FE MOL.pdf; Final fo rm easement Aspen Glen (pre recording).pdf Thank you very much for adding those pulling those PUD items I missed. I appreciate your attention and focus. Regarding the lack of a "deed" for the fire district parcel, Verizon attys utilized the attached title docs and deemed the parcel vested via the first filing of the Aspen Glen Plat which is document 476330 shown on both title reports . They extracted two pages of that 28 page plat showing the fire station parcel. Also, ownership via county parcel system is shown as CRFPD and is commonly known to be owned by CRFPD . So there does not seem to be any question of ownership of the parcel. Also attached is an agreement signed between Spirit Realty (owner of golf course) and CRFPD for access and utility easements necessary to allow the construction of tower. Regarding the Statement of Authority and the county atty question of authority due to board vote, CRFPD held an additional board meeting on April 17 which unanimously approved the tower. Letter is attached. Also attached is the Memorandum of Lease which was signed and approved via board hearing back in Aug of 2023. Payment agreement is also attached showing I will be responsible for any fees associated with the permitting process . Please let me know if you have any questions regarding these documents or anything else. We have provided payment and hopefully these last items will keep things moving quickly, as this application and facility is important to all involved and supported and encouraged by area residents and property owners. Verizon Wireless wanted to remind the jurisdiction and staff that the federal shot clock for the County to issue its decision on this application started on February 27, 2024. Any requests for more information surrounding the application were to have been made within 30 days of that date. As mentioned, while Verizon Wireless is reserving its rights, we provide the additional information to keep things moving forward and to ensure the County has the information it requests so it can proceed with its decision on this application. The shot clock expires on this application on July 26, 2024, and it appears given the current hearing dates that the County will have no issues providing a decision on the application well before that time. I look forward to continuing t~ work with you to move this process along to conclusion . Also , now that we have the hearing date pending completeness review, can you provide the following information regarding the notice: • Date notice needs to be sent to required notice lists • Any information provided by the County regarding the notice to date • Date we anticipate County will provide all notice information. 1 • How can recipients of the notice provide information to the County? Is there a website or portal that we can monitor to see if any residents submit comments or responses opposing the application? Sincerely, Lance Bleyhl Site Acquistion Consultant 2301 Bell Ct Lakewood, CO 80215 From: Glenn Hartmann <ghartmann@garfield-county.com> Sent: Wednesday, April 17, 202410:34 AM To: lance.bleyhl@retherfordenterprises.com Subject: Completeness Review Aspen Glen Minor PUD Modification Hi Lance: As a follow-up to my voicemail, I've outlined a couple completeness items. They include items identified by the County Attorney's Office review. A deed documenting ownership by the District is needed. Inclusion of a Title Commitment is an option as well. a The Statement of Authority will need to be recorded; however, the current version is subject to "Board Approval". This stipulation should be removed, and the form resubmitted, or you will need to provide documentation of a Board approval for the submittal of the Application. It does not appear that you included a payment agreement form. Copy is attached. Items listed on the pre-application summary and not included in the submittals were copies of the existing PUD Plan, Guide, and original PUD approval resolution. I have pulled those documents and included them with your file. I will give you a call to follow-up and answer any questions. If we can address the above items by this Friday that would be great and would allow us to get you on a May agenda with the BOCC. I look forward to speaking with you hopefully today. Thanks. Glenn. Glenn Hartmann Director 970-945-1377 x1570 Ghartmann@garfield-county.com 2 Carbondale & Rural Fire Protection District 300 Meadowood Drive • Carbondale, CO 81623 • 970-963-2491 Fax 970-963-0569 May 2, 2024 Lance Bleyhl Site Acquistion Consultant Retherford Enterprises 2301 Bell Ct Lakewood, CO 80215 Dear Mr. Bleyhl, The Board of Directors of Carbondale & Rural Fire Protection District met at their regular board meeting on Wednesday, April 17, 2024 and voted unanimously to approve the construction and installation of the Verizon Wireless broadband tower at their Aspen Glen property located along County Road 109 in Garfield County. This approval is in accordance with the Statement of Authority previously approved by the Board of Directors on September 29, 2023. If you have any questions, please contact me. Best Regards, Rob Goodwin Fire Chief When Reco rded, Re turn to: Spirit Realty, L.P. 2727 N. Harwood S t., Suite 300 Dallas, TX 7520 I Attn: C losin g De partment GRANT OF EASEMENT ' st THIS GRANT OF EASEMENT ("Easement") is dated as of the ___ day of MP.. R e.\-\. , 2023, by Spirit Realty L.P. (hereinafter "Grantor"), and Carbondale ' and Rural Fire Protection District (hereinafter "Grantee"). WHEREAS, Grantor is the owner of certain real property located along Road 109 in Garfield County, Colorado, legally described in Exhibit "A" attached hereto (the "Grantor Property"). WHEREAS, Grantee is the owner of certain real property located adjacent to the Grantor Property along County Road 109 in Garfield County, Colorado, legally described in Exhibit "B" attached hereto (the "Grantee Property"). WHEREAS, Grantor has agreed to convey to Grantee an easement over, under and across a portion of the Grantor Property (the "Easement Area"), as described and depicted in Exhibit "C" attached hereto and made a part hereof. NOW, THEREFORE, for and in consideration of the covenants contained herein, the parties agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee, its tenants, employees, agents, contractors, successors and assigns, and their respective tenants, employees, agents, contractors and invitee s, a perpetual non-excl usive easement (the "Easement") over, under and across the Easement Area for the purposes of ingress and egress and for constructing, maintaining, operating, repairing and replacing utility lines to and from the Grantee Property. a. Each party shall utilize its estate in a manner w hich will minimize interference with the other party's use of its estate. b. Upon completion of construction, Grantee shall restore, at its sole cost and expense, the Ease ment Area to substantially its pre-exi sti ng conditi on . Grantee shall stay within the limits of the Easement Area. Grantee shall have the rights of ingress and egress onto the Easement Area only at locations specified by Grantor; no trespassing, ingress or egress is otherwise allowed on Grantor's adjacent property. Grantee shall remove and properly dispose of trash and debris on Grantor's property attributable to Grantee's use of the Easement. Grantee shall not bury any trash or waste material of any kind on the Easement Area. If any lien is filed or otherwise imposed on any part of the Easement Area in connection with or a rising out of Grantee's use of the Easement, Grantee shall (i) use its best efforts to cause such lien to be released, discharged or otherwise settled so as not to encumber any portion of Grantor's property within ten (10) days after filing; (ii) cooperate with Grantor in any action to remove such lien and (iii) to the extent permitted by the laws and constitution of the State of Colorado, indemnify, defend and hold Grantor harmless from any such lien. 2. No Permanent Structures. Grantor hereby covenants for and on behalf of itself, its heirs, successors or assigns, that neither it, nor any of them, shall construct or permit to be constructed, any building or any other permanent structure within the Easement Area, or make any permanent excavation, or permit any permanent excavation to be made within the Easement Area. 3. Termination for Default. Upon a Grantee's default hereunder, Grantor may deliver to that Grantee a written notice of default, stating with specificity the nature of Grantee's default. If Grantee has not cured the default within a reasonable time (but not less than 30 days for a monetary default and 60 days for a non-monetary default) after receipt of the notice of default, Grantor may terminate this Easement effective immediately upon receipt by Grantee of Grantor's written notice of termination. 4. Indemnification. Grantee agrees to indemnify, defend and hold Grantor and Grantor's officers, directors, members, managers, partners, shareholders, employees, agents, contractors and any affiliates or subsidiaries of the foregoing (each individually a "Grantor Party'' and collectively referred to as, "Grantor Parties"), harmless from and against any direct injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) resulting from Grantee's use of the Easement Area or any work performed thereon, except to the extent attributable to the grossly negligent or intentional act or omission of any Grantor Party. Grantor agrees to indemnify, defend and hold Grantee and Grantee's respective officers, directors, members, managers, partners, shareholders, tenants, employees, agents, contractors and any affiliates or subsidiaries of the foregoing (each individually a "Grantee Party'' and collectively referred to as, "Grantee Parties"), harmless from and against any and all direct injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising from the grossly negligent or intentional acts of Grantor or its agents, except to the extent attributable to the acts or omissions of any Grantee Party. Grantee's s. 6. 7. indemnification is provided only to the extent allowed by Colorado law. Nothing in this Agreement shall be construed as a waiver of Grantee's governmental immunity under Colorado law. Insurance. Grantee will carry, at its own cost and expense, the following insurance: (i) commercial general liability insurance and automobile liability insurance with a minimum limit of liability of $1,000,000 combined single limit for bodily injury or death/property damage arising out of any one occurrence; (ii) Workers' Compensation Insurance as required by law; and (iii) Excess/umbrella liability coverage of at least $3,000,000 each occurrence and annual aggregate. Grantee will name the Grantor as an additional insured under its commercial general liability policy. With respect to property damage, each party hereby waives all rights of subrogation against the other party, but only to the extent that collectible commercial insurance is available for said damage. Environmental. Grantee shall not, and shall not permit any Grantee Party to, transport, locate, generate, manufacture, install, or use on or about the Easement Area any Hazardous Substances (hereinafter defined), except in accordance with applicable Environmental Laws (hereinafter defined). Further, Grantee shall not cause or permit any Hazardous Substances to be disposed of on or about the Easement Area or to contaminate or be released or discharged into the environment, the soil, the atmosphere, any water course or any ground water on the Easement Area. For purposes of this Easement, "Hazardous Substances" shall mean and include, but shall not be limited to, any element, constituent, chemical, substance, compound or mixture that is defined in, included under or regulated by any local, state or federal law, rule, ordinance or regulation pertaining to environmental regulation, contamination, clean-up or disclosure, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act, the Toxic Substances Control Act, the Clean Water Act, the Clean Air Act, the Marine Protection Research and Sanctuaries Act, the Occupational Safety and Health Act, the Superfund Amendments and Reauthorization Act of 1986, and all other superlien or environmental clean-up or disclosure statutes including all state and local counterparts of such laws (all such laws, rules and regulations being referred to collectively as "Environmental Laws"). Assignment. Grantee may, at its discretion and upon written notification to Grantor, assign and delegate all or any portion of its rights and liabilities under this Easement to its tenants, without Grantor's consent, provided such assignment and delegation shall not release Grantee from any its obligations hereunder and each such tenant is required in its lease agreement with Grantee to abide by and be subject to the all obligations and liabilities of Grantee hereunder. Except as expressly provided in the preceding sentence, Grantee may not assign this Easement without the prior written consent of Grantor. Grantee shall be released from its obligations hereunder only with the prior written consent of Grantor. 8. 9. 10. 11. 12. 13. 14. Dominant and Servient Tenements. This Easement is granted for the benefit of the Grantee and is appurtenant to the Grantee Property. The Grantee Property is the dominant tenement and the Granter Property is the servient tenement. Property Title. This Easement does not convey any fee simple interest or any other right or interest in or to the Easement Area except for the limited rights and purposes specifically granted herein, and this Easement covers no property other than the Easement Area. The Easement herein given to Grantee is subject to all encumbrances, conditions and reservations upon or under which Granter holds the Easement Area. Grantee shall coordinate with any holder of any other easement on or adjacent to the Granter Property ensure that such easement is not interfered with or otherwise violated. Grantor's Rights. Granter reserves and retains the rights to (a) grant other rights and easements across, over or under the Easement Area to such other persons and entities as Granter deems proper; provided, however, that such other grant does not unreasonably interfere with the use of the Easement by Grantee for the purpose set forth herein, and (b) use the land within the Easement Area for any purpose consistent with the rights herein conveyed to Grantee. Enforcement. This Easement may be enforced by any proceedings at law or in equity against any person or entity violating or attempting to violate any part of this Easement either to restrain or enjoin violations or to recover damages. Damages shall not be deemed adequate compensation for any breach or violation of any provision hereof, and the enforcing party shall be entitled to relief by way of injunction as well as any other remedy either at law or in equity. The rights, powers and remedies provided herein shall be cumulative and not restrictive of other remedies at law or in equity, and the exercise of any particular right, power or remedy shall not be deemed an election of remedies or to preclude resort to other rights, powers or remedies. No delay or failure to invoke any available right, power or remedy in respect to a breach of this Easement shall be held to be a waiver of (or estop a party from asserting) any right, power or remedy available upon the recurrence or continuance of said breach or the occurrence of a different breach. Entire Agreement. This Easement constitutes the entire agreement between Granter and Grantee relating to the above easement. Any prior agreements, promises, negotiations or representations not expressly set forth in this Easement are of no force and effect. Binding Effect. This Easement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of Granter and Grantee. Amendments. Any modification or other termination of this Easement shall become effective only upon the execution by Grantor and Grantee of a written instrument. 15. Recording. This Easement shall be recorded in the office of the County Clerk of Garfield County, Colorado. 16. Severability. Invalidation of any one or more of the provisions hereof, or any portions thereof, by a judgment or court order shall not affect any of the other provisions or covenants herein contained, which shall remain in full force and effect. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, this Grant of Easement ha s been executed and delivered as of the day and year first above written. GRANTOR : Spirit Realty LP., a Delaware limited partnersh ip GRANTEE: By: Spirit General OP Holdings, LLC, a Dela ware limited liability company, its General Partner Carbondale and Rural Fire Protection District NORTARY BLOCKS ON FOLLOWING PAGES EXHIBIT "A" The "Granter Property" Property Address: State: County Road 109 Aspen Glen P .U.D. Colorado County: City: Garfield Carbondale Parcel Number: 239319200386 and 239319201070 Legal Description (if available): The Land referred to herein below is situated in the County of Garfield, State of Colorado, and is described as follows: Parcel 1: Golf Course Parcel 8, Amended Plat Golf Course Parcel 8, Aspen Glen Filing 1, According to the plat recorded April 23, 1997 as Reception No. 507374. Parcel 2: Golf Course Parcel 9 2nd Amended Plat of Golf Course Parcel 9, Aspen Glen, Filing No. 1, According to the plat recorded December 7, 2004 as Reception No. 664580. Parcel 3: Golf Course Parcel 10 Amended Plat Golf Course Parcel 10, Aspen Glen Filing 1, According to the plat recorded April 23, 1997 as Reception No. 507377. For informational purposes only: APN: 239319200386 C03 ASPEN GLEN Final 5 C03 ASPEN GLEN Final EXHIBITB The "Grantee Property'' Fire Station Parcell ASPEN GLEN1 FILING NO. 11 according to the Plat thereof filed April 61 1995 at Reception No. 476330 County of Garfield State of Colorado. 6 Exhibit "C' (Page 1of2) Easements PROPOSED 12' GOLF COURSE ACCESS/UTIUIY EASEMENT BEING A STRIP OF LAND 12.00 FEEf IN WIDlH LYING WITHIN A PORTION OF GOLF COURSE PARCEL 8, AMENDED PLAT GOLF COURSE PARCEL 8, ASPEN GLEN FlUNG 1, ACCORDING TO THE PLAT RECORDED APRIL 23, 1997 AS RECEPTION NO. 507374, COUNlY OF GARFlELD, STAlE OF COLORADO, LYING 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT IBE WESTERLY MOST CORNER OF ARE STATION PARCEL, ASPEN GLEN, RUNG NO. 1; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL, N49.47'54"E, 89.90 FEEr TO THE POINT" OF BEGINNING; THENCE N60-56'31"W, 20.93 FEET; THENCE N82.07'14"W, 53.15 FEET; THENCE S3S-01'27"W, 61.86 FEEr TO THE NORTHERLY RIGHT-OF-WAY OF COUNTY ROAD 109 AND THE END OF SAID STRIP OF LAND. EXCEPT ANY PORTION LYING WITHIN THE RIGHT-OF-WAY OF COUNTY ROAD 109. PROPOSED 5' GOLF COURSE UTILITY EASEMENT BEING A STRIP OF LAND 5.00 FEEr IN WIDTH LYING WITHIN A PORTION OF GOLF COURSE PARCEL 8, AMENDED PLAT GOLF COURSE PARCEL 8, ASPEN GLEN RUNG 1, ACCORDING TO THE PLAT RECORDED APRIL 23, 1997 AS RECEPTION NO. 507374, COUNTY OF GARFIELD, STATE OF COLORADO, LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT POINT .D. AS DESCRIBED ABOVE: THENCE sso·21'46"E, 87.80 FEEr TO THE END OF SAID SlRIP OF LAND. SIDELINES OF SAID STRIPS OF LAND ARE TO BE LENGTHENED AND/OR SHORTENED TO PREVENT GAPS AND/OR OVERLAPS. C03 ASPEN GLEN Final 7 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50004008 (8-23-18) Page 1 of 12 ALTA Commitment for Title Insurance (8-1-16) Colorado Commitment ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company File No: NCS-1056807-CO COMMITMENT FOR TITLE INSURANCE Issued By FIRST AMERICAN TITLE INSURANCE COMPANY NOTICE IMPORTANT-READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and the Commitment Conditions, First American Title Insurance Company, a Nebraska Corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I-Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. If this jacket was created electronically, it constitutes an original document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50004008 (8-23-18) Page 2 of 12 ALTA Commitment for Title Insurance (8-1-16) Colorado COMMITMENT CONDITIONS 1. DEFINITIONS (a) “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) “Title”: The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I—Requirements; and (f) Schedule B, Part II—Exceptions. 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (i) comply with the Schedule B, Part I—Requirements; (ii) eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (g) In any event, the Company’s liability is limited by the terms and provisions of the Policy. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50004008 (8-23-18) Page 3 of 12 ALTA Commitment for Title Insurance (8-1-16) Colorado 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50004008 (8-23-18) Page 4 of 12 ALTA Commitment for Title Insurance (8-1-16) Colorado Schedule A ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company File No: NCS-1056807-CO Transaction Identification Data for reference only: Issuing Agent: First American Title Insurance Company National Commercial Services Issuing Office: 1125 17th Street, Suite 500, Denver, CO 80202 Commitment No.: NCS-1056807-CO Phone Number: (303)876-1112 Property Address: Vacant Land / APN 239319201070, Carbondale, CO Issuing Office File No.: NCS-1056807-CO Revision No.: SCHEDULE A 1. Commitment Date: March 30, 2021 at 5:00 PM 2. Policy or Policies to be issued: None; See Schedule B Part I (a) ☐ ALTA® Owner's Policy (6-17-06) Proposed Insured: Proposed Policy Amount: $ (b) ☐ ALTA® Loan Policy (6-17-06) Proposed Insured: Proposed Policy Amount: $ 3. The estate or interest in the Land described or referred to in this Commitment is Fee Simple. 4. The Title is, at the Commitment Date, vested in: Carbondale and Rural Fire Protection District 5. The Land is described as follows: See Exhibit "A" attached hereto and made a part hereof This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50004008 (8-23-18) Page 5 of 12 ALTA Commitment for Title Insurance (8-1-16) Colorado Exhibit A ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company File No: NCS-1056807-CO Commitment No.: NCS-1056807-CO The Land referred to herein below is situated in the County of Garfield, State of Colorado, and is described as follows: Fire Station Parcel, Aspen Glen, Filing No.1, according to the plat thereof recorded April 6, 1995 at Reception No. 476330, County of Garfield, State of Colorado. For informational purposes only: APN: 239319201070 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50004008 (8-23-18) Page 6 of 12 ALTA Commitment for Title Insurance (8-1-16) Colorado Schedule BI & BII ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company File No: NCS-1056807-CO Commitment No.: NCS-1056807-CO SCHEDULE B, PART I Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. Payment of all taxes and assessments now due and payable as shown on a certificate of taxes due from the County Treasurer or the County Treasurer's Authorized Agent. NOTE: Tax certificate(s) must be ordered by or provided to the Company at least one week prior to closing. NOTE: Local ordinances may impose liens on the Land for unpaid water, sewer, stormwater drainage, or other utilities charges. If this transaction includes a sale of the property, a Utilities Agreement and/or escrow is required. 6. Evidence that all assessments for common expenses, if any, have been paid. 7. The Company requires a five day notification prior to closing to update the information within this commitment. 8. Receipt by the Company of an ALTA/NSPS Land Title Survey, certified to First American Title Insurance Company, and in form and content satisfactory to the Company. The Company reserves the right to make further requirements and/or exceptions upon review of this survey. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50004008 (8-23-18) Page 7 of 12 ALTA Commitment for Title Insurance (8-1-16) Colorado LIMITATION OF LIABILITY FOR INFORMATIONAL REPORT IMPORTANT – READ CAREFULLY: THIS REPORT IS NOT AN INSURED PRODUCT OR SERVICE OR A REPRESENTATION OF THE CONDITION OF TITLE TO REAL PROPERTY. IT IS NOT AN ABSTRACT, LEGAL OPINION, OPINION OF TITLE, TITLE INSURANCE COMMITMENT OR PRELIMINARY REPORT, OR ANY FORM OF TITLE INSURANCE OR GUARANTY. THIS REPORT IS ISSUED EXCLUSIVELY FOR THE BENEFIT OF THE APPLICANT THEREFOR, AND MAY NOT BE USED OR RELIED UPON BY ANY OTHER PERSON. THIS REPORT MAY NOT BE REPRODUCED IN ANY MANNER WITHOUT FIRST AMERICAN’S PRIOR WRITTEN CONSENT. FIRST AMERICAN DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION HEREIN IS COMPLETE OR FREE FROM ERROR, AND THE INFORMATION HEREIN IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, AS-IS, AND WITH ALL FAULTS. AS A MATERIAL PART OF THE CONSIDERATION GIVEN IN EXCHANGE FOR THE ISSUANCE OF THIS REPORT, RECIPIENT AGREES THAT FIRST AMERICAN’S SOLE LIABILITY FOR ANY LOSS OR DAMAGE CAUSED BY AN ERROR OR OMISSION DUE TO INACCURATE INFORMATION OR NEGLIGENCE IN PREPARING THIS REPORT SHALL BE LIMITED TO THE FEE CHARGED FOR THE REPORT. RECIPIENT ACCEPTS THIS REPORT WITH THIS LIMITATION AND AGREES THAT FIRST AMERICAN WOULD NOT HAVE ISSUED THIS REPORT BUT FOR THE LIMITATION OF LIABILITY DESCRIBED ABOVE. FIRST AMERICAN MAKES NO REPRESENTATION OR WARRANTY AS TO THE LEGALITY OR PROPRIETY OF RECIPIENT’S USE OF THE INFORMATION HEREIN. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50004008 (8-23-18) Page 8 of 12 ALTA Commitment for Title Insurance (8-1-16) Colorado Schedule BI & BII (Cont.) ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company File No: NCS-1056807-CO Commitment No.: NCS-1056807-CO SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct land survey and inspection of the Land would disclose, and which are not shown by the Public Records. 4. Any lien or right to a lien for services, labor, material or equipment, unless such lien is shown by the Public Records at Date of Policy and not otherwise excepted from coverage herein. 5. Any and all unpaid taxes, assessments and unredeemed tax sales. 6. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. 7. Any water rights, claims of title to water, in, on or under the Land. 8. Any existing leases or tenancies. 9. Right of way for ditches and canals as constructed by the authority of the United States, as reserved in United States Patent recorded July 25, 1894 at Reception No. 17519. 10. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Right of Way and Easement recorded October 19, 1961 in Book 337 at Page 246. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50004008 (8-23-18) Page 9 of 12 ALTA Commitment for Title Insurance (8-1-16) Colorado 11. Terms, conditions, restrictions, provisions, obligations, reservations, easements and agreements as set forth in the License Agreement Rocky Mountain Natural Gas Company, Inc. recorded July 5, 1972 in Book 432 at Page 536. 12. Terms, conditions, restrictions, provisions, obligations and agreements as set forth in the Resolution No. 92-056 recorded June 29, 1992 in Book 835 at Page 305. 13. Terms, conditions, provisions, obligations and agreements as set forth in the Development Agreement recorded June 29, 1992 in Book 835 at Page 364. 14. Terms, conditions, provisions, obligations and agreements as set forth in the Boundary Agreement and QuitClaim Deed recorded July 23, 1992 in Book 837 at Page 435. 15. Terms, conditions, provisions, obligations and agreements as set forth in the Resolution No. 92-096 recorded November 5, 1992 in Book 846 at Page 615. 16. Terms, conditions, provisions, obligations and agreements as set forth in the Resolution No. 93-121 recorded December 28, 1993 in Book 887 at Page 824. 17. Terms, conditions, provisions, obligations and agreements as set forth in the Resolution No. 94-008 recorded February 2, 1994 in Book 891 at Page 620. 18. Terms, conditions, provisions, obligations and agreements as set forth in the Resolution No. 94-089 recorded August 9, 1994 in Book 911 at Page 791. 19. Easements, notes, covenants, restrictions and rights-of-way as shown on the plat of Aspen Glen Filing No. 1, recorded April 6, 1995 at Reception No. 476330. 20. Terms, conditions, provisions, obligations and agreements as set forth in the Resolution No. 96-06 recorded February 9, 1996 in Book 966 at Page 682. 21. Terms, conditions, provisions, obligations and agreements as set forth in the Resolution No. 96-07 recorded February 9, 1996 in Book 966 at Page 686. 22. Covenants, conditions, restrictions, provisions, easements and assessments as set forth in Master Declaration of Covenants, Conditions and Restrictions for Aspen Glen recorded April 6, 1995 in Book 936 at Page 350 and First Amendment to the Master Declaration of Covenants, Conditions and Restrictions for Aspen Glen recorded October 30, 2003 in Book 1533 at Page 735 and Amended Declaration of Covenants, Conditions and Restrictions for Aspen Glen recorded March 23, 2007 at Reception No. 719512 and First Amendment to the Amended Declaration of Covenants, Conditions and Restrictions for Aspen Glen recorded November 5, 2020 at Reception No. 944700 , but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status, or national origin, and any and all amendments, assignments, or annexations thereto. 23. Notice of Special District Authorization or Issuance of General Obligations Indebtedness from Carbondale and Rural Fire Protection District for the use of XL Capital Assurance Inc. to secure an indebtedness in the principal sum of $5,579,997.90, and any other amounts and/or obligations secured thereby, dated September 27, 2007 and recorded October 3, 2007 at Reception No. 734464 . 24. Notice of Special District Authorization or Issuance of General Obligations Indebtedness from Carbondale and Rural Fire Protection District for the use of RBC Capital Markets, LLC to secure an This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50004008 (8-23-18) Page 10 of 12 ALTA Commitment for Title Insurance (8-1-16) Colorado indebtedness in the principal sum of $7,500,000.00, and any other amounts and/or obligations secured thereby, dated January 24, 2019 and recorded January 30, 2019 at Reception No. 916796 . This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50004008 (8-23-18) Page 11 of 12 ALTA Commitment for Title Insurance (8-1-16) Colorado DISCLOSURE STATEMENT Pursuant to C.R.S. 30-10-406(3)(a) all documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half of an inch. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Nonresident withholding). NOTE: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owner's policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed. Pursuant to C.R.S. 10-11-122, the company will not issue its owner's policy or owner's policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary. The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50004008 (8-23-18) Page 12 of 12 ALTA Commitment for Title Insurance (8-1-16) Colorado requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium, fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. NOTE: Pursuant to C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of an ALTA Closing Protection Letter which may, upon request, be provided to certain parties to the transaction identified in the commitment. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied.