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HomeMy WebLinkAbout1.01 Aspen Glen PUD Plan (Reso. 92-056)O'CLOCK 'P .M. JUN 2 9 1992 MILDRED, ALSDORf, COU:\ITY CLERK STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) BOOK 8~35 PAGE305 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 wer~ 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 Of fices 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 EXHIBIT A 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. The hearing before the Board was extensive and complete, that all pertinent facts, matters and issues were submitted, and that all 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 r.iver, 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, pursua~t 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 maet 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 fer 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 PACE3l18 natural features of the terrain, River, the wetlands, and wildlife and incorporated 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 7 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 maxi.mum 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 ff,Ct309 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 a.mended, 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 herei~ 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. 08. 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 facilit~es; d. A site map indicating the boundaries of the PUD, its acreage, existing structures, and existing zoning; 5 e. A site topographic map with intervals was tendered. Additionally, floodplains and wetlands was submitted; five feet contour a map indicating f. Under the conditions set forth below requiring amendment of the legal description, a legal description of the area which the applicant wished to include in the PUD was tendered; g. The applicant tendered a written statement setting forth the objectives to be achieved by the PUD, a development schedule, which subject to the conditions set forth below contained beginning and completion dates for construction, copies of covenants, conditions and restrictions, which have now been amplified as set forth herein, a list of property owners within three hundred feet (300 ft.) of the boundaries of the PUD, and a statement by a licensed engineer that provided information concerning the proposed source of water to the PUD, a proposed method of sewage treatment, which statement has now been modified pursuant to the conditions set forth herein, the general manner in which storm drainage will be handled, subject to the conditions set forth herein, and a general manner in which provision would be made for potential natural hazards, including landslide areas, floodplain areas, and unstable soils, all of which are subject to the conditions set forth herein; h. Easements 1 or the right to obtain easements for vested legal access for ingress and egress to a public road have been provided; and i. The PUD, subject to the conditions set forth herein, will be designed with the consideration of the natural environment of the site and surrounding area, and will not unreasonable destroy or displace wildlife, natural vegetation or unique feature of site. 18. Subject to the provisions of Section 4. 08. 06 of the Garfield County Zoning Resolution of 1978, as amended, the Board of County Commissioners find that no portion of the PUD conditionally approved herein may be occupied until appropriate final plats have been approved by this Board. CONDITIONS OF APPROVAL The foregoing findings are specifically entered subject to the adoption of and strict compliance with the conditions set forth 6 ' g 0 c:.. ('~3/'l 1 DOOK d<J f,I itt . ...L 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 app1icant will obtain necessary access permits for State Highwcty 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 Equestrlan · 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 (CDOT), 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. 5. 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 Plil1E3i2 if possible, including all engineering and construction costs for the necessary relocation or piping of ditches. The design will include 2" Asphalt surf ace 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) 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. ( 5) Sufficient coordination will occur betwe,en 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 con£ licts. If construction is to commence prior to March of 1996, the County must be 8 83r::_ 3A r) BOOK t. ;.) Pl,GE ..Lu 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 conb·::.ruction 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 P!,CE3i4 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 EAGLE NESTING SITE (Buffer Zone) 6. An Eagle Nest Buffer Zone, as indicated on Exhibit F-16 submitted ,~t public hearing, will be established around the nest wht~e 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. 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. 8. 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. 9. 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 Bn'JI' 83r:) I' ~".,, r.: :_ [\ ·-,\Gt 0.Lt_) 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 po~ential 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 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 constructed in geologically acceptable areas and as designed geotechnical engineer. only 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 cf 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 Heal th 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 o:c oversized lines with 12 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 Heal th 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 PAC~318 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 PUD Development Plan Map, will be relocated to the northwest end of the Open Space District. Furthermore, the Community Center proposed in the PUD application is deleted from the PUD. 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 dEiveloped 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 i.n connection with the operation of the equestrian facility will be protected by 8 foot fencing, consistent with Division of Wildlife specifications. 14 BOOK 835 PAGE319 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 p~otected, per Division of Wildlife recommendations. General Wildlife Impacts 42. One dog will be allowed for each re5idential 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 th~ 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. The method of delineation shall be set forth prior to the approval of the Preliminary Plan. 4 7. 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 Horneowner'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 LANDSCAPING 54. At the time of Preliminary Plan, the applicant will submit a detailed landscaping plan for the proposed landscaping buffers along S.H. 82 and C.R. 109, and revegetation necessary to mitigate the water tank locations. The landscaping plan will demonstrate the following: (A} (B) ( C) ( D) ( E) { E') The plant pallet, size, and location of proposed plantings. This should be consistent with the graphic representations presented during the PUD hearings; Irrigation systems necessary to ensure survival of the plantings; Replacement/maintenance plan to ensure replacement of unsuccessful plantings; The use of native species and adaptable species to encourage water conservation. The color of water tanks shall be designated and subject tc review and approval by the Board of County Commissioners as pa.rt of Preliminary Plan submittal. · Develop a prog-ram to eliminate or control noxious weeds as identified by the County. JRRIGATION DITCHES 55. At the time of Preliminary Plan, the applicant shall provide agreements from the aff(~cted ditch management organizations ( Glenwood and Robertson) consenting to development affecting the ditches. 56. Engineering docwnents, addressing all ditch-related work, shall be provided at the time of Preliminary Plan submittal for the affected portion of the development. These improvements shall be included in the Subdivision Improvements Agreement. Adequate surety for all improvements shall be provided in conjunction with the Subdivision Improvements Agreement. 5 7 . Adequate width easements for maintenance of ditches shall be depicted at Preliminary Plan and dedicated, where applicable, at time of first Final Plat. 17 BOOK 835 picE322 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 58, 59, and 60 shall be included in the restrictive covenants and as a plat note on all Final Plats. 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 irapacted 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 PLAT NOTES 67. The following plat notes shall be included on all Final Plats. (A) Certain building locations may be subject to geologic and hydrologic hazards. All structures shall require the submittal of an engineering report addressing soils and geology conditions, foundation design and drainage prepared by a registered professional engineer. All site development, including building construction, shall be conducted in accordance with engineer's stipulations. (B) (1) No open hearth solid-fuel burning fireplaces will be allowed anywhere within Aspen Glen with the exception of four (4) fireplaces in the clubhouse and fireplaces currently in place in existing residences; ( 2) All dwelling units will be unrestricted number of natural fireplaces or appliances; and allowed an gas-burning ( 3) All dwelling uni ts will be allowed no more than one new wood.-burning stove as defined by C.R.S. 25-7-401, et seq. and the regulations promulgated thereunder. (C) Lots may be located within the 100 year floodplain. Lots within regulated floodplain are subject to the regulations of Section 6: Floodplains of the Garfield County Zoning Resolution. (D) Only one dog is allowed for each dwelling unit. 68. The following plat notes shall be included on all Final Plat(s) with Lots on the west side of C.R. 109: (A) Lots are subject to debris flow. Mitigation measures shall be addressed in a report prepared by a registered professional engineer. Any mitigation required shall be constructed in accordance with engineering recommendations. (B) State Forest Service Wildfire Prevention Guidelines shall be followed for residential construction. 19 HO:MEOWNER'S 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, wat,er 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 exhibito hereto. OFF-SITE IMPACTS 73. That the applicant shall comply with all verbal representations made concerning its agreements with adjacent property owners. 20 &8GK 835 ncE 325 REVISIONS TO PUD 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 Commencement Date Completion Date March 15, 1997 March 15, 1998 August 15, 1998 March 15, 1999 March 15, 2000 August 15, 2000 March 14, 2001 VA VI VII VIII IX X XI March 15, 1996 March 15, 1997 August 15, 1997 March 15, 1998 March 15, 1999 August 15, 1999 March 15, 2000 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 detai~ed 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 8 3 . 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)r 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 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. CONSULT.AMT FEES 86. The Board of County Commission8rs 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 submittals. 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 MOK 835 P~GE328 Planning Commission and the Board of County Commissioners, shall be considered conditions of approval to the extent that such representations are not inconsistent with the conditions of approval .set forth herein. To the extent of any inconsistency between the conditions of approval set forth in this Resolution, and the statements and representations of the applicant, the conditions of approval set 'for.th herein shall control. CONDITIONAL APPROVAL Pursuant to the foregoing findings and conditions, the Board of County Commissioners of Garfield County, Colorado, herein approves the requested rezoning of the Aspen Glen Company from A/R/RD to PUD subject to strict compliance with the terms and conditions set forth herein. Additionally, through this approval, the Board herein adopts the PUD Development Plan, revised PUD zone text, corrected legal description and Development Agreement attached hereto as exhibits . ..... ,.,·,.·DA~~~>this ,t).q 1N day of June, 1992. ,._,• ; _,_ • '•II / .,r'••' -',, ,,J ,. ... ,. ' \' \ , - ; .··., : ATTEST: ·. (-:: -___ , ~ ' . .... . ..,.. , .· • c_,-:, : .. ··~-'. . '' . :~'-•: . -> i. . ' .. : ___ ;· .. ·.·.·. -~~:)fuard BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO B~ .~,e::~.1€7/- Chairman ',· ' ' . ' . \ ~-.\ \,. ... ··,. . . Upo~,,inotion duly made and seconded the· foregoing Resolution was'addpted by the following vote: Marian: I. Smith Aye Arnold L. Mackley Aye =E=lm=e=r__.(-B~u=c=k=e=y,___) ____ Ar=b=a=n~e~y~·----Aye Commissioners STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) I, Mildred Alsdorf, County Clerk and ex-officio Clerk of the Board of. County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Garfield County, now in my office. 24 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County 1 at Glenwood Springs, this ____ day of , A.O. 19 --------- County Clerk and ex-officio Clerk of the Board of County Commiqsioners 25 EXHIBIT TO ~..SPEH GLEN RESOLUTION REVISED ZONE DISTRICT TEXT VI. PROPOSED ZONE REGULA TIO NS A. App]icability Statement To carry out the purposes and proV1s1ons 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 Residentia] Zone District 1 Acre Residential Zone Dishict 3/4 Acre Residential Zone District 1/2 Acre Residential Zone District 1/4 Acre Residential Zone District Duplex Residential Zone District Club Villa Residential Zone District GoJf Course Zone District GoJf Clubhouse Zone District Open Space/River Parks Zone District B. PlJD 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 arc consistent with the concept and development standards set forth in the following subsections. It is intended t}\at, 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 set forth below, permitted uses for each such Zone District will a]so include all mes by right permitted within the Garfield County Zone District known as NR/RD, as such uses are described in the Zoning Regulations 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 NR/RD zoning sha11 autnmatically tem1inate, and such platted property sha11 be zoned only for the permitted uses specifically described in items 1 through 10 following. -1- • • -" : 1 . · 1. 2 ACRERESIDENTIALZONEDISTRICT . BOOK 835 PAGE332 DEVELOPMENT STANDARDS: 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) Maximum Floor Area Ratio (i) Minimum Rear Yard (j) Minimum Each Side Yard (k) Corner Lot Minimum Side Yard Abutting Pub1ic/Private .Street -2- Single-family residential plus . accessory uses, incluC.1ing guest · and/or caretaker's.quarters; home occupation; water storage tank. 87,120 sq.ft. (2 acres) 32 ft. 50 ft from ROW line . 35 ft .. from roadway · easement/ROW 150 ft. (at building setback) 250 ft. .25. . 35 ft. 10 ft. or 1/2 height of principal building whicheveris greater 25 ft. from roadway easement/ROW (1) Minimum Off Street Parking per DU 4 spaces Cu1-de-sac, pie shaped and fhg lots may have a less 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 casement. NOTE: Each estate lot will have a predetermined 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 ri Area Prohibited for Development" on the PUD Development Plan. The building envelope shall be designated at time of preliminary plan. -3- 2. 1 ACRE RESIDENTIAL ZONE DISTRICT DEVELOPMENT STANDARDS: Single-family detached structures intended for individual lot ownership. (a) Pennitted Uses Single-family residential plus accessory uses, inc1uding guest and/or caretaker's quarters; home occupation (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) * Minimum Lot Size Ma"Ximum 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 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.qc, 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 easen1ent. -4- · 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 Public/Private Street (e) (f) (g) (h) (i) (j) (k) Minimum LotWidth* Minimum Lot Depth Maximum FJoor Area Ratio Minimum Rear Yard Minimum Each Side Yard Corner LotMinimum Side Yard Abutting Public/Private Street Minimum Off Street Parking per DU Single-familY: residential . plus access01y uses except · guest and/or caretaker9s 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. Temporarydubhouse uses ·. shall be the same as a typical golf clubhouse facility. 32,670 sq.ft. 25 ft. 35 . ft. from roadway . easement/ROW 140 ft. (at building setback) 175 ft. .25 20 ft. 10 ft. or 1/2 height of principal building. whichever is greater 25ft. from roadway easement/ROW 4 spaces * Cul-de~sac, pie shaped lots may have a lessthan minimum width · measured at bujldiiig setback, but nolotshaU have less than 25 feet of width on public access right-of-way or easem·ent. · -5- 4. 6:7:7K 835 P!,CE336 1/2 ACRE RESIDENTIAL ZONE DlSTRICT DEVELOPMENT STANDARDS: Single-family detached ~trnctures intended for individual lot ownership. (a) Permitted Uses Single-family residential plus accessory uses except guest and/or caretaker's quarters; home oc,cupation; water treatment facility (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (I) Minimum Lot Size Maximum Building Height Minimum Front Yard if Abutting County Road 109 Minimum Front Yard if Abutting Public/Private Street Minimum Lot Width* Minimum Lot Depth Maximum Floor Area Ratio Minimum Rear Ya:-d Minimum Each Side Yard Corner Lot Minimum Side Yard Abutting Public/Private Street Minimum Off Street Parking per DU 21,780 sq.ft. 25 ft. 50 ft. from ROW line 30 ft. from roadway easement/ROW 120 ft. (at building setback) 150 ft. .25 20 ft. 10 ft or 1/2 he~ght of principal building whichever is greater 20 ft. from roadway easement/ROW 4 spaces Cul-de-sac, pie shaped and tlag lots may have a less than minimum width measured at buiicJing setback, but no lot shall have less than 25 feet of width on public access right-of-way or easement. -6- 5. 1/4 ACRE RESIDENTIAL ZONE DISTRICT DEVELOPMENT STANDARDS: Single-family detached structures intended for individual lot ownership. (a) Permitted Uses (b) Minimum Lot Size (c) Maxin.:•m Building Height ( J) Minimum Front Yard if Abutting County Road 1109 ( e) Minimum Front Yard if Abutting Public/Private Street (f) Minimum Lot \Vidth* (g) Minimum Lot Depth (h) Maximum Floor Area Ratio (i) rvtinimum Rear Yard (j) Minimum Each Side Yard (k) Corner Lot Minimum Side Yard Abutting Public/Private Street (I) Minimum Off Street Parking per DU Single-family residential plus accessory uses except guest and/or c:Jretaker's quarters; home occupation 10,890 sq.ft. 25 ft. 50 ft. from RO\V 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 ~5 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 RESIDENT!AL ZONE DISTRICT 835 PltE33S B1~V!K DEVELOPMENT STANDARDS: Two-family attached structures intended for individual lot ownership. (a) (b) (c) (d) (e) ,' f) \' (g) (h) (i) (i) (k) (1) (m) * Permitted Uses Single-family residential and two-family residential plus accessory uses except guest ~nd/or caretaker's quarters; home occupation Minimum Lot Size 15,625 sq.ft. Maximum Building Height 25 ft. Minimum Front Yard if Abutting State High\l,'ay 82 50 ft. from ROW line Minimum Front Yard if Al)utting 30 ft. from roadway Public/Private Street easeme!lt/ROW Minim1Jm Lot Width* 125 ft. ( at building setback) Minimum Lot Depth 125 ft. Maximum Fbor 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 shanc1::1 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. -8- 7. CLUB VILLA RESIDENTIAL ZONE DISTRICT DEVELOPMENT STANDARDS: Single-family attached and single-far:iily detached residential dwellings intended for individual lot ownership, which may include golf vi11as, townhomes, club villas, and duplexes Single-Family Attached: (a) Pem1itted Uses (b) Minimum Lot Size (c) i\faximum Building Height (d) Minimum Frnnt Yard if Abutting Public/Private Street (e) Minimum Lot Width* (f) Minimum Lot Depth (g) !>,,faximum Floor Area Ratio for Entire Development Tract (h) Minimum Rear Yard (i) Minimum Side Yards of Bt:ildings (j) Minimum Separation between Buildings (k) Maximum Number of Attached Units (in a single structur~) (I) Minimum Off Street Parking per DU (m) Minimum Open Space per each Villa Development Tract Singie-family residential ( attached) plus accessory uses excluding guest and/or caretaker's quarters; home occupation; water tre;:itment facility 2,200 sq.ft. 25 ft. 20 ft. from roadway easement/ROW 22 ft. 1at building setback) 100 ft. .5 20 ft. 7.5 ft. 15 ft. 8 units 2 spaces 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- . BODK 835 p,iGE 340 7. CLUB VILLA RESIDENTIAL ZONE DISTRICT (cont'd.) Duplex: (a) Pennittcd Uses (b) Minimum Lot Size (c) Maximum Building Height (d) Minimum Front Yard if Abutting Public/Private Street · (e) Minimum Lot Width"' (f) Minimum Lot Depth (g) Maximum Floor Area Ratio (h) Minimum Rear Yard (i) Minimum Each Side Yard (j) Corner Lot Minimum Side Yard Abutting Public/Private Street (k) Minimum Off Street Parking per DU Single-family residential and two-family residentia: 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 bu iJding setback 125 ft. .30 20 ft. 10 ft. or 1/2 height of principal building whichever is greater 15 ft. from roadway e2sement/ROW 4 spaces • Cul-de-sac, pie shaped and flag lots may have a less than minimum width measured <tt bui!ding line, but no lot shaJJ have less than 25 feet of width on public ,.:ccess right-of-way or easement. -10- 7. BOOK 835 p,•,G~34j_ . CLUB VILLA RESIDENTIAL ZONE DISTRICT (cont'd.) Single-Family Detached: (a). Pennitted Uses Singl:.!-fami1y residential (detached) plus accessory uses excluding guest and/or caretaker's quarters; home occupation; water treatment faciJity (b) (c) (d) (e) (f) (g) (h) (i) G) (k) * Minimum Lot Size Maximum Building Height Minimum Front Y,ud if Abutting Public/Private Street Minimum Lot Width* Minimum Lot Depth Maximum Floor Area Ratio Minimllm Rear Yard Minimum Each Side Yard Corner Lot Minimum Side Yard Abutting Public/Private Street Minimum Off Street Parking per DU 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 "a:;ement/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- .. ; I I ! ·.! 8. GOLF COURSE ZONE DISTRICT DEVELOPMENT STANDARDS: (a) Permitted Uses (b) Golf Maintenance Building and Accessory buildings: BOOK 835 PtGE342 ,. 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 DEVELOPME:l'.TT 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- MOK 835 ncc:343 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 MOK 835 PlCE344 10. OPEN SPACE/RIVER PARKS ZONE DISTRICT DEVELOPMENT ST ANDA.RDS: (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 ~nk~ and wa~ewa~r treatment facility. 25 ft., provided that water storage tanks may exceed such height limitation 25 ft. C. General Provisions (i) Effect of Garfield Coul11)'._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 shaJI 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 sha11 prevail. Definitions established herein shall take precedence over definitions established by the Subdivision Regulations of Garfield County, adopted April 23, 1984, whenever these ffgulations 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 Subdi\-ision Regulations Except as defined below, all provisions of the Garfield County Subdi\-ision Regulations shall be applicable to The Aspen Glen Club PUD. 1. 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 ac{;ess point has not been pro\-ided, 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 street~ will be a minimum of 100 feet. -15- EXHIBIT '!'O ASPEN GLEN RESOLUTION CORRECTED LEGAL DESCRIPTION XI. APPENDIX A. LEGAL DESCRIPTIONS ASPEN GLEN CLUB P.U.D, PROPERTY DE_~CRIP'I~ION A PARCEL OF LAND SITUATED IN LOTS 23 AND 25 OF SECTION 12, LOTS 1 AND 3 THROUGh 16 OF SECTION 13 AND LOTS 1 AND 2 OF SECTION 24, TOWNSHIP 7 SOU'I'H RANGE 89 WEST AND IN THE SW\SE\, SE\SE\ AND LOTS 4, 6, 7, 9 THROUGH 11 AND 14 THROUGH 17 OF SECTION 18 AND THE NE\NE\ AND LOTS 1, 3 THROUGH 12 AND 15 THROUGH 17 OF SECTION 19 AND THE NE\NW\ AND IN LOTS 2, 4 THROUGH 16, 19, AND 20 OF SECTION 20 AND IN LOTS 2, 3, 4, 8, AND 9 OF SECTION 29, ALL IN TOWNSHIP 7 SOUTH, RANGE 38 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID ?ARCEL BEING MORB PARTICULARLY DESCRIBED AS FOLLOW~: (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 PLP.CE) ; BEGINNING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 20, A BLM ALUMINUM CAP FOUND IN PLACE, THE 'l'RUE POINT OF BEGINNI~; THENCE S 00°12'30" E ALONG THE EASTERLY LINE OF SAID NE\NW\ 1378.55 FEET TO THE SOUTHEAST r,QRNER OF SAID NE\NW\, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE S 89°38'40 11 E ALONG THE NORTHERLY LINE OF SAID LOT 19 13 05. 3 9 FEET TO THE NOR'l1HEAST CORNER OF SAID LOT 19, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE S 00°05'5611 E ALONG THE EASTERLY LINE OF SAID LOT 19, 1289.48 FEE'r TO THE SOUTHEAST CORNER OF SAID LOT 19, ALSO BEING A POINT ON THE NORTHERLY LINE OF SAID LOT 20, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE S 8 8. 3 6 '5 2 11 E ALONG SAID NORTHERLY LINE 1304.01 FEET TO THE EAST QUARTER CORNER OF SECTION 20, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE S 01°23'50!' E ALONG THE EASTERLY LINE OF SAID LOT 20, 1320.18 FEET TO THE SOUTHEAST CORNER OF SAID LOT 20, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE N 89°35'53 11 W ALONG THE SOUTHERLY LINE OF SAID LOT 20, 684.04 FEET 'l'O A POINT ON THE EASTERLY LINE OF SAID LOT 16, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE S 01°30'5111 W ALONG THE EASTERLY LINE OF SAID LOT 16 1262.19 FEET TO THE SOUTHEAST CORNER OF SAID LOT 16, ALSO BEING THE NORTHEAST CORNER OF LOT 2 OF SAID SECTION 29, A BLM ALljMINUM CAP FOUND IN PLACE; THENCE S 01 ° 21 '5711 W ALONG THE EASTERL!'. LINE OF SAID LOT 2, 917. 83 FEET TO A POINT IN THE CENTERLINE OF THE ROARING FORK RIVER; THENCE N 44°00'00" W ALONG SAID CENTERLINE 272.02 FEET; THENCE CONTINUING ALONG SAID CENTERLIHE N 57°00'0011 W 238.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N 84°00'00" W 240.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINES 72°00'00 11 W 277.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINES 56°00'0011 W 290.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINES 39°00'00 11 W 300.00 FEET; THENCE CONTINUING ALONG SAID CEN'l1ERLINE S 31 ° 00 '0011 W 352. 00 FEET; THENCE CONTINUING ALONG SAID CENTERLINES 50°00'00" W 220.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINES 70°00'00" W 297.00 FEET; THENCE CONT::i:NUING ALONG SAID CENTERLINE N 48°00'00" W 375.00 FEET; 'I7HENCE CONTINUING ALONG SAID CENTERLINE N 24•00 1 0011 W 268.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N 11 ° OG' 00 11 W 268. 00 FEBT; THENCE CONTINUING ALONG SAID A-1 PAGE NO. 2 ASPEN GLEN CLUB P.U.D. PROPERTY DESCRIPTION CENTERLINE N 17°00'0011 W 238.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N 48°00'00" W 547.00 FEET; THENCE CONTINUING ALONG SAID CEN'i'ERLINE N 31°00'00" W 203.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N 60°00'00" W 224.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N 65°30'00 11 W 220.00 PEET; THENCE CONTINUING ALONG SAID CENTERLINE N 69°00'00 11 W 350.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N 59 ° 30' 00 11 W 316. 00 FEET; '11HENCE CONTINUING ALONG SAID CENTERLINE N 27°00'0011 W 331.00 FEE'r 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 8 9" 15 '5 7" W 4 4 0. 6 9 FEET TO 'l'HE SOUTHWEST CORNER OF LOT 13; THENCE ALONG THE WESTERSY LINE OF LO'r 14 OF SAID SECTION 20 S 00 • 01' 25 11 W 59.78 FEET; THENCE N 32°31'00" W 1283.00 FEET; THENCE N 47°20'0011 W 1561.80 FEET; THENCE N 81°57'00" W 1659.05 FEET TO THE EASTERLY LINE OF LOT 2 OF SAID SECTION 24; THENCE LEAVING SAID EASTERLY LINE N 78°07'04 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°27'5511 E 811. 92 FEE'I' TO 'I'HE SOU'l'HEAST CORNER OF LOT 14; THENCE ALONG THE SOllTHERLY LINE OF LOT 14 OF SAID SECTION 13 S 89°06'27" W 1335.68 FEET TO THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 13, BEING A GARFIELD COUNTY BRASS CAP FOUND IN PLACE; THENCE ALONG THE NORTH- SOUTH CENTERLINE OF SAID SECT::'.:ON 13 n 00°52'56 11 E 5332.05 FEET TO THE NORTH ONE-QUARTEH. CORNER OF SAID SECTION 13, AN AXLE IN PLACE; THENCE N 00°.11'1411 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; THENCE S 13°28'04" E ALONG SAID RIGHT-OF-WAY FENCE 5::;J. 88 FEET; THENCE CONTINUING ALONG SAID RIGET-OF-WAY FENCE S og•os'41'' E 565.53 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF- WAY FENCES 17°42'5611 E 728.56 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCES 40°0J'42" E 175.51 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-·WAY FENCE S 32°40'06 11 E 463.99 FEET; THFNCE LEAVING SAID RIGHT-OF-WAY FENCE AND FOLLOWING AN EXISTING FENCE N 89°53'09" E 882.14 FEET; THENCE CONTINUING ALONG SAID EXISTING FENCE N 81°50'40" E 60.36 FEET; THENCE CONTINUING ALONG SAID EXISTING FENCE N 01°30'12" E 729.75 FEET; THENCE CONTINUING ALONG SAID EXISTING FENCE N 01°43'30" E 1113.97 FEET; THENCE ALONG THE EASTERLY LINE OF LOT 24 OF SAID SECTION 12 N 01°21'4411 E 320.88 FEET; THENCE N 47°43 1 00" E 590.67 FEET TO THE NORTHERLY LINE OF LOT 25 OF SAID SECTION J.2; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 25 S 89°40'00" E 75.86 FEET 'l'O THE CENTERLINE OF THE ROARING FORK RIVER; THENCE ALONG THE CEN'rERLINE OF SAID RIVER S 17°43'01 11 E 163.46 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER S 30°45'1811 E 163.28 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 51°43'05" E 662.76 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 44°35'57" E 175.65 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 13°33'31 11 E 255.65 FEET; THENCE A-2 PAGE NO. 3 . ASPEN GLEN. CLUB .P.U.D •. PROPERT.Y DESCRIPTION BOOK 835 P,\CE349 . . . CONTINUING ALONG S~.ID CENTERLINE OF RIVER S 34°02'411i E 318.15 FEET: THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER . S 35°41'4511 E 225.15 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 55°38'1811 E 196.47 FEET; THENCE CONTINUING ALONG SAID ·cENTERLINE OF RIVER·S 63,;49'0311 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°11'3711 E 122.26 FEET TO A POINT ON THE NORTHERLY.LINE OF·LOT 12; THENCE LEAVING SAID CENTERLINE OF RIVER N. 89 • 49 '4011 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 1 0011 E 1336.51 FEET · TO THE SOUTHEAST CORNER OF SAID LOT · 14; THENCE· ALONG . THE . SOUTHERLY LINE OF SAID LOT 14 : S 89 ° 58' 0611 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 1 3311 W 334.72 FEET;· THENCE N 89°55 1 0511 · E ALONG THE. SOUTHERLY LINE OF THEN\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 RIVER S 07 ° 48' 2611 W 289. 87 FEET; THENCE CONTINUING ALONG SAID . CENTERLINE OF RIVER Sl6°19'1511 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 1 1111 . E 164.34 ·· FEE=.r; THENCE CONTINUING ALONG . SAID CENTERLINE OF RIVER N 81°47'3611 E 280.37 FEET; THENCE CONTINUIN~ ALONG SAID CENTERLINE · OF' RIVER N 78 ° 29' 0311 E. 233 ~ 93 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 81°45'2511 E 314.48 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RI~ER S 6l 0 08'27rt E 374.17 FEET; THENCE · CONTINUING ALONG SAID CENTERLINE OF RIVER S 4 6 ° 4 8 1 3 7 11 E 211 • 6 2 . . FEET; THENCE .· CONTINUING ALONG . SAID CENTERLINE OF RIVER .. · .. . S 01•22 1 34 11 E. 113.14. FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 25°51'4811 E 225.75 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER S O 8 ° 4 9 ' 5 5 11 . E 2 6 9 • 9 8 . FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 31.27'28" E 259.89 FEET; THENCE. CONTINUING ALONG SAID CENTERLINE OF RIVER S 46°16 1 00 11 E 573.86 FEET; · THENCE CONTINUING ALONG SAID . CENTERLINE OF RIVER · . : . · S 59°53'51" E 279.72 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 41°56'3711 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' 5211 E 81.11 FEET TO THE .NORTHERLY LINE OF LOT 3 OF SAID SECTION 20; THENCE N 88.33 1 1311 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°58'1811 E ALONG THE SOUTHERLY LINE OF SAID LOT 3 697.48 FEET TO THE SOUTHEAST CORNER OF SAID LOT .. 3; · THENCE N 00 ° 04 '0011 . 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 1 0011 W 151.69 FEET TO A POINT ON THE A-3 PAGE NO. 4 ASPEN GLEN CLUB P.U.D. PROPERTY DESCRIPTION SOUTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN BOOK 314 PAGE 160 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE N 84°49'54 11 E ALONG SAID SOUTHERLY LINE 35.88 FEET TO A REBAR AND CAP L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINEN 85°29'12" E 47.40 FEET TO A REBAR ANO CAP L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINES 85.49'41 11 E 103.69 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S 88°22 1 30 11 E 88.83 FEET (WHENCE A REBAR AND CAP L.S. #14060 BEARS S 56 ° 35'03 11 E 1. 02 FEET); THENCE CONTINUING ALONG SAID SOUTHERLY. LINEN 80°42'21 11 E 29.94 FEET TO A REBAR AND CAP L.S. #14060 FOUND IN PLACE; 'l'HENCE CONTINUING ALONG SAID SOUTHERLY LINEN 64.50'54 11 E 99.58 FEET TO A REBAR AND CAP L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINEN 70°51'54" E 37.92 FEET TO A REBAR AND CAP L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOU'rHERLY LINE S 84 ° 32' 2211 E 37 .12 FEET TO A REBAR AND CAP L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINES 59°18'15 11 E 53.70 FEET TO A REBAR AND CAP L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINES 40°58'5811 E 62.22 FEET TO A REBAR AND CAP L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINES 28°48'44" E 153.29 FEET TO A REBAR AND CAP L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINES 33°50'49 11 E 107.91 FEET TO A REBAR AND CAP L.S. #14060 FOUND IN PUCE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE N 63°05'54" E 298.19 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY OF THE DENVER & RIO GRANDE WESTERN RAILROAD; THENCE N 35°09'16" W ALONG SAID RIGHT-OF-WAY 583.96 FEET 'fO A POINT ON 'l1HE WESTERLY LINE OF SAID NE\NW\, (WHENCE A REBAR AND CAP L.S. #14060 BEARS s 20°19'4911 E 4 ,66 FEET); THENCE N 00•05 1 5211 E ALONG SAID WESTERLY LINE 1360.94 FEET TO THE NORTHWEST CORNER OF SAID NE\NW\, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE S 87.45'35" E ALONG THE NORTHERLY LINE OF SAID NE~NW\ 1325.81 FEET TO THE TRUE POINT Qi: BEGINNING, SAID PARCEL CONTAINING 1123.830 ACRES, MORE OR LESS. EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY A LEASE AND AGREEMENT FOR THE SALE AND PURCHASE OF GRAVEL. RECORDED IN RECEPTION NO. 305982 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE BEING DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN LOTS 1, 2, 5, 6, 7, 11 & 12 OF SECTION 13, TOWNSHIP 7 SOUTH, RANGE 89 WEST AND IN LOTS 4, 9, 10, 11, 14, 15, 16 & 17 AND IN THE SW~SE\ OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PAR'fICULARLY DESCRIBED AS FOLLOWS: (ALL BEARINGS CONTAINED HEREIN ARE BASED ON A BEARING OF S 00°01'4611 H BE'rWEEN THE NORTHWEST CORNER OF SAID SEC. 20 AND THE WEST QUARTER CORNER OF SAID SEC. 20, 1986 BLM ALUM. CAPS IN PLACE) A-4 PAGE NO .. 5 ASPEN GLEN CLUB P.U.D. PROPERTY DESCRIPTION COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 13, AN AXLE IN PLACE, THENCE S 43.21'1511 E 2540.23 FEET TO '£HE SOUTHEAST CORNER OF THE TELLER SPRINGS SUBDIVISION, .TiiE TRUE POINT OF BEGINNING: THENCE N 01.30 1 1211 E ALONG THE EASTERLY LINE OF SAID SUBDIVISION 729.75 FEET; THENCE CONTINUING ALONG SAID PASTERLY LINE N 01°43'30" E 1113.97 FEET TO THE NW CORNER OF LOT l OF SAID SEC'l'ION 13; 'rHENCE LEAVING SAID EASTE1~LY LINE S 89°52 1 0911 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 32.39'14 11 E 126.21 FEET 2. S 46°44'01" E 101.92 FEET 3. S 58°33'08 11 E 103.32 FEET 4. S 58°00'0211 E 64.81 FEET 5. S 67°42 1 0911 E 113.94 FEET 6. S 56°01'54 E 86.09 FEET 7. S 48°44'16 E 94.31 FEET 8. S 54°12'24 E 91.37 FEET 9. S 65°43'26 E 93.55 FEET 10. S 59°30'17 E 68.30 FEET 11. S 57°18 1 29 E 62.81 FEET 12. S 58°15'43 1 E 56.28 FEET 13. S 69°19'37" 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°18'07 11 E 96.50 FEET 17. S 51°46'39 11 E 131.35 FEET 18. S 50°09'4611 E 64.52 FEET 19. S 67°05'38" E 73.67 FEET 20. S 66°35'2711 E 54.01 FEET 21. S 58°42'41: E 86.11 FEET 22. S 69°18'1411 E 76.28 FEET 23. S 74°03'0611 E 68.83 FEET 24. S 52°21'1511 E 35.90 FEET 25. S 49°04 1 22" E 61.97 FEET 26. S 41°07'1611 E 105.82 FEET 27. S 33°43 1 47 11 E 107.86 FEET 28. S 31°39'5411 E 78.81 FEET 29. S 44°00'03 11 E 113.96 FEET 30. S 52°24'2011 E 86.50 FEET 31. S 35°41'3511 E 43.48 FEET 32. S 18°54'2511 E 62.55 FEET 33. S 26°48'2011 E 139.55 FEET 34. S 23°50'33" E 101.77 FEET TO A POINT ON 'l'HE EASTERLY LINE OF LOT 11 OF SAID SECTION 18; THENCE S 00°00'0011 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 'rHE HIGH WATER LINE OF A-5 PAGE NO. 6 ASPEN GLEN CLUB P.U.D. PROPERTY DESCRIPTION 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°11'09" W 31.96 FEET 2. S 55°08 1 57 11 W 79.59 FEE•r 3. S 59°32 1 47 11 W 54.32 FEET 4. S 36°29 1 50" 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°35'2711 , A DISTANCE OF 389.50 FEET (CHORD BEARS S 49°22'2611 W 387.20 FEET) TO A POINT ON THE NORTHERLY LINE OF THE SW\SE\ OF SAID SECTION 18; THENCE S 89.58'0611 W ALONG SAID NORTHERLY LINE 234.22 FEET TO THE NORTHWEST CORNER OF SAID SW\SE\; THENCE S 00°36'33" 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" 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°19'5011 W 291.67 FEET); THENCE LEAVING SAID FIVE FOOT OFFSET LINEN 89°23'42" W 15.53 FEE'!' TO A POINT ON THE EASTERLY LINE OF LOT 17 OF SAID SECTION 18; THENCE S 00°36'1811 W ALONG SAID EASTERLY LINE 716.59 FEET TO THE SOUTHEAST CORNER OF SAID LOT 17; THENCE S 89°46'0011 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' 4011 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 8 8 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, s·rATE 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°09'2411 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. 7 ASPEN GLEN CLUB P.U.D. PROPERTY DESCRIPTION EASTERLY LINES 86°54'4011 E 90.38 FEET; THENCE N 83°12'1711 E 112.38 FEET; 'rHENCE N 48"46'1511 E 165.45 FEET; THENCE S 44°59'3211 E 246.06 FEET; THENCE S 82°13 1 1011 E 210.86 FEET; THENCE S 40°56'5411 8 296.12 FEET; THENCE S 37°16'3111 E 360.84 FEET; THENCE S 44°29'4911 W 47.14 FEET TO A POINT ON THE EASTERLY LINE OF SAID LEASE AND AGREEMENT PARCEL;.THENCE N 52.21'1511 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°18'1411 W 76.28 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINEN 58°42'41" W 86.11 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 66 ° 35' 2711 W 54. 01 FEET; THENCE CON'l'INUING ALONG SAID EASTERLY LINE N 6 7 • 0 5' 3 8" W 73. 67 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 50 ° 09'4611 W 64. 52 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 51°46'39 11 W 131.35 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINEN 52°18'07 11 W 96.50 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINEN 52°49'5311 W 56.67 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 63°33'3211 W 80.52 FEET; THENCE CONTINUING ALONG SAID EASTERLY. LINE N 69°19'37 11 W 71.02 FEET; 'rHENCE CONTINUING ALONG SAID EASTERLY LINE N 58°15'43 11 W 56.28 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 57 ° 18' 29 11 W 62. 81 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 59°30'17 11 W 68.30 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINEN 65°43"2611 W 93.55 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 54°12'2411 W 91.37 FEET TO THE TRUE POINT___Ql: SEGINNING; 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' WIDE PARCEL OF LAND SITUATED IN LOT 23 OF SECTION 12, LOTS J, 4, 5, 8, 10, 12, 13, AND 16 OF SECTION 13, LOT 1 OF SECTION 24, ALL IN TOWNSHIP 7 SOUTH, RANGE 89 WEST, AND IN LOTS 8, 9, AND 17 OF SECTION 19, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELDf STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (ALL BEARINGS CONTAINED HEREIN ARE BASED ON A BEARING OF S 00°01'46" 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 NOR'rH ONE-QUARTER CORNER OF SAID SECTION 13 , AN AXLE IN PLACE; THENCE N 00°11'14 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 A.ND CAP L.S. #19598 FOUND IN PLACE, Tl:HL..'..l'RUE POINT Of BEGINNING; THENCE S 13 u 2 8' 0 4 11 E ALONG SAID RIGHT-OF-WAY FENCE 553.88 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCE A-7 I ~ 'PAGE NO. 8 ASPEN GLEN CLUB P.U.D. PROPERTY DESCRIPTION S 09°05'41" E 565.53 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF- WAY FENCES 17°421 5611 E 728.56 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCES 40°03 1 42" E 175.51 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCES 32°40'06" 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 32.40'06" E 25.66 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAYS 20°26'0211 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", A DISTANCE OF 542.18 FFET (CHORD BEARS S 23°22'1611 E 541.94 FEET); THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY S 26 °18' 31" E 854 .10 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE 'l'O THE RIGHT HAVING A RADIUS OF 730,33 FEET, A CENTRAL ANGLE OF 19.45 1 06", A DISTANCE OF 251.77 FEET (CHORD BEARS S 16°25'5711 E 250.53 FEET); THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAYS 06°33'24" E 156. 75 FEET; THENCE CON'rINUING ALONG SAID EASTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO 'l'HE 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'' E 543.26 FEET); THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY S 20°41'2011 E 11.95 FEET; '!'HENCE CONTINUING ALONG SAID EASTERLY RIGH·r-oF-WAY S 29·02 1 4511 E 367.48 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY S 29°19'46 11 E 501.69 FEET; 1rHENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAYS 32°15'50 11 E 38.79 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAYS 34°46'46" E 649.59 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAYS 46°01'35" E 38.04 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAYS 57°35'2911 E 479.98 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY S 57°36'01" E 517.80 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGH'l'-OF-WAY S 77°49 1 23 11 E 107.47 FEET; '!'HENCE CONTINUING ALONG SAID RIGHT-OF-WAY S 78°59'3411 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 11 , A DISTANCE OF 207.98 FEET, (CHORD BEARS S 84.56'26" E 207.61 FEET); THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N 89°06'4311 E 181.02 FEET THENCE CON'l'INUING 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°28'1511 E 198.19 FEET); THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S 28°03'13" E 259.67 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF- WAY ALONG THE ARC OF A CURVE TO 'l'HE 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°18'21" E 480.58 FEET); THENCE CONTINUING ALONG SAID RIGH'I-OF-WAY S 46°33'2811 E 453.89 FEET; THENCE CONTINUING ALONG SAIT1 RIGHT-OF-WAY ALONG THE ARC OF' A CURVE 'l'O THE RIGHT HAVING A UADIUS OF 1024.62 FEET AND CENTRAL ANGLE OF _;_q 0 52'0511 , A DISTANCE OF 355.30 FEET (CHORD BEARS S 36°37'26 11 E 353.52 FEET); 'I'HENCE CONTINUING ALONG SAID RIGHT-OF-WAYS 26°41'2311 E 161.91 A-8 PAGE NO. 9 ASPEN GLEN CLUB P.U.D. PROPERTY DESCRIPTION ~ nr•1' Q~ r::) p11'r: ~ r:: r::) V, ,:_.\'.'\ l_J1 __ ..-,_ ;.,_ ,:i_, '-._:. t.... J'f.. .. 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", A DISTANCE OF 278.30 FEET, (CHORD BEARS S 30°52'5211 E 278.05 FEET); 'rHENCE CONTINUING ALONG SAID RIGHT-OF- WAY S 35°04'2011 E 518,24 FEET TO A POINT ON THE SOUTHERLY LINE OF THE SIEVERS PARCEL; THENCE N 89°15'5711 W ALONG SAID SOUTHERLY LINE 6.66 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S 00°01'25" W 59.78 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE N 32°31'00 11 W 1283.00 FEET; THENC:S CONTINUING ALONG SAID SOUTHERLY LINEN 47°20'00 11 W 761.88 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD NC. 109; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1554. 54 FEE·r AND A CENTRAL ANGLE OF 09 ° 36 '39", A DISTANCE OF 260.76 FE.~T, (CHORD BEARS N 32°51'3311 W 260.45 FEET); THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N 28.03'1311 W 259.67 FEET; 'THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO 'l'HE LEFT HAVING A RADIUS OF 130 .10 FEET AND A CENTRAL ANGLE OF 62°50'04 11 , A DISTANCE OF 142.68 FEET, (CHORD BEARS N 59°28'15" W 135.64 FEET); THENCE CONTINUING ALONG SAID RIGHT-OF- WAY S 89°06'43" W 177.52 FEET TO A POINT ON THE SOUTHERLY LINE OF THE SIEVERS PARCEL; THENCE N 47°20'00" W ALONG SAID SOUTHERLY LINE 41.37 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE N 81°57'00" 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 0111 W ALONG SAID WESTERLY RIGHT-OF-WAY 513.47 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 57°35'2911 W 486.06 FEET~ THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 46°01'3511 W 50.02 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 34°46'46" W 656.82 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGH'l'-OF-WAY N 32°15'50" W 41.64 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 29°19'16 11 W 503.37 FEET; THENCE CON'l'INUING ALONG SAID WESTERLY RIGHT-OF-WAY N 29.02'4511 W 372.01 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 20°41'2011 W 13.75 FEET; THENCE CONTINUING ALONG Si>.ID WES'rERLY 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°01'4611 , A DISTANCE OF 563.17 FEET (CHORD BEARS N 16°04'17" W 560.59 FEET); THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-\-'JAY N 06°33'24n 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 CEN'I'RAL ANGLE OF 19"45'0611 , A DISTANCE OF 231.09 FEET (CHORD BEARS N 16°25'57" W 229.94 FEET); 'I'HENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 26 ° 18' 3111 W 854 .10 FEET; THENCE CONTINUING A.LONG SAID WESTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 5347.84 FEET AND A CEN'I'RAL ANGLE OF 05°52'2911 , A DISTANCE OF 548.33 FEET (CHORD BEARS N 23°22'16" W 548.09 FEET); THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 20 ° 26'0211 W 555. 76 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 32°40 1 0611 W 479.34 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY A-9 PAGE NO. 10 ASPEN GLEN CLUB P.U.D. PROPERTY DESCRIPTION :i,1'W R3r::-) p,,.,,. r,::;_~ ',...'•_•!•,, l .. 1t.. '--. ,J,:_t.!L-'t.~ N 4o"oj 1 42» W 183.48 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 17°42'5611 W 744.93 FEET; THENCE CON'J'INUING ALONG SAID WES'rERLY RIGHT-OF-WAY N 09•05'4111 W 567.76 FEE•r; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 13°28 1 0411 W 297.39 FEET TO A POINT ON THE NORTH-SOUTH CENTERLINE OF SAID SECTION 12; THENCE N 00°11'14" W 261.19 FEET TO .Tllli_')JUJE POINT OF BEGINNING., SAID RIGHT-OF-WAY CONTAINING 14.169 ACRES, MORE OR LESS. THE ABO~E DESCRIBED PROPERTY IS ALSO SUBJECT TO THE COLORADO STATE HIGH.WAY #82 RIGHT-OF-WAY DESCRIBED AS FOLLOWS: A PARCEL OF LAND SI'rUATED IN 'l'HE 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, COUN'l'Y OF GARFIELD, S'rA'l'E OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ( ALL BEARINGS CONTAINED HEREIN ARE BASED ON A BEi-JUNG OF S 00 ° 01 '4611 W BETWEEN THE NORTHWES'l' CORNER OF S.?-\ID SEC'rION 20 AND 'l'HE WEST QUARTER CORNER OF SAID SECTION 20, 1986 BLM ALUMINUM CAPS IN PLACE) BEGINNING A'r THE NORTHWEST CORNER OF SAID SECTION 20; THENCE S 47°24'1111 E 1785.35 FEET TO 'l'HE POINT OF IN'rERSECTION OF 'l'HE SOU'I'HERLY RIGHT OF WAY OF COLORADO STATE HIGHWAY #82 AND THE WES'l'ERLY LINE OF SAID NE\NW\, 'l'HE TRUE POIN'r OF BEGINNING; THENCE N 00°05'5211 E 424.97 FEET TO A POIN'r ON THE NORTHERLY RIGHT-OF-WAY OF SAID COLORADO STATE HIGHWAY #82; THENC~ ALONG SAID NORTHERLY RIGHT-OF-WAY S 35 ° 21' 30 11 E 231~. 28 FEET TO A COLORADO DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY MONUMEN'T FOUND IN PLACE; THENCE CONTINUING .~LONG SAID NORTHERLY RIGHT-OF-WAY S 18°39'30" E 104.40 FEET TO A COLORADO DEPAR'l'MENT OF HIGHWAYS RIGHT-OF-WAY MONUMENT FOUND IN PLACE; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S 35 ° 21 '3011 E 1600. 00 FEET TO A COLORADO DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY MONUMENT FOUND IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAYS 52°03'3011 E 104.40 FEE'r TO A COLORADO DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY MONUMENT FOUND IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAYS 35°21'30 11 E 495.00 FEET TO A COLORADO DEPAR'rMENT OF HIGHWAYS RIGHT-OF-WAY MONUMENT FOUND IN PLACE; 'rHENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY ALONG 'I'HE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 5730. 00 FEET AND A CENTRAL ANGLE OF 04°21'31 11 , A DISTANCE OF 435.91 FEET (CHORD BEARS S 37°36'3011 E 435.80 FEET); THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S 39 ° 51' 30 11 E 455. 00 FEET TO A COLORADO DEPAR'rMENT OF HIGHWAYS RIGHT-OF-WAY MONUMENT FOUND IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAYS 52°59'30 11 E 44.97 FEET TO A P0INT ON THE EASTERLY LINE OF SAID LOT 16; THENCE ALONG SAID EAS'rERLY LINE S 01 ° 30' 51 11 W 94. 50 FEET TO THE SOUTHEAST CORNER OF LOT 16 OF' SAID SECTION 20; THENCE ALONG THE EASTERLY LINE OF LOT A-10 ... · ... ··-•PA~E .. NO~. 11 ··_. ·. · ·_ . . ASPEN GLEN CLUB P.U.D •. · .PROPERTY DESCRIPTION 2 OF SAID SECTION 29 S 01°✓,1i57 11 W 462.08 FEET TO A POINT ON. THE SOUTHERLY. RIGHT-OF-WAY OF SAID STATE HIGHWAY #82; THENCE ALOHG SAID --· . SOUTHERLY RIGHT~OF-WAY N 35°09'16" W ·_. 3904.20 FEET; THENCE ·-~ · .. c"ONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY s 88.33'5911 E. 62. 27 FEET;. THENCE CONTINUING ALONG • SAID SOUTHERLY RIGHT-_OF-WAY . N 35°09'16" W 652.28 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY · RIGHT.:.OF-WAY S 00°11'5611 E 87.27 FEET; THENCE CONTINUING ALONG SAID •. SOUTHERLY RIGHT-OF-WAY LINEN 35°09'16" 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°01'4611 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 3 5 ° 0 9, 16 It E 1191 . 18 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RAILROAD RIGHT-OF-WAY N 00°11'5611 W 87.27 FEET: THENCE CONTINUING .· .. ALONG SAID NORTHERLY RIGHT-OF-WAYS 35°09'1611E 652.28 FEET; THENCE . ·coNTINUING ALONG SAID NORTHERLY RIGHT.:.OF-WAY N 88°33 1 5911 w 62.27 FEET; THENCE.CONTINUING ALONG .SAID NORTHERLY RIGHT.;.OF~WAY. . S 35°09 1 1611 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. LINE N 35°09'1611 W 4113.48 FEET; THENCE CONTINUING . ALONG SAID SOUTHERLY . RIGHT;..OF_;WAY . LINE. N . 88•33'5911 W . 62. 27 FEET: THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT..:.op...:wAY ·.· LINE N 35°09'1611 W 217.72 FEET; THENCE ·CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE N 00°11'56" . W 87.27 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF.;;.WAY LINEN 35.09'1611 W 608.79 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE . . . N 35°09'1611 W 583.96 FEET TO A POINT ON THE WESTERLY LINE OF THE A-11 PAGE NO. 12 ASPEN GLEN CLUB P.U.O. PROPERTY DESCRIPTION BIJO~ 835 PtJE358 NE\NW\ OF SAID SECTION 20; THENCE ALONG SAID WESTERLY LINE OF THE NE,NW\ OF SAID SECTION 20 N oo·o5'52" E 173.26 FEET TO THE TRUE POINT OF BEGINNXNG, SAID PARCEL CONTAINING 13.936 ACRES, MORE OR LESS. NET ACREAGE OF THE ABOVE DESCRIBED PROPERTY EQUALS 938.407 ACRES, MORE OR LESS. REVISED 2/18/92, 5/28/92 EXHIBIT TO ASPEN GLEN RESOLUTION DEVELOPMENT AGREEMENT BOOK 835 Pic~36Q 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 1 1992 through and including March 14, 2001. 3. The approval of the Aspen Glen PUD, together with th~ 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. DONE AND AGREED TO this ATTEST: ATTEST: ~.·.·~. t~ c(,<tJ day of o~ , 1992. ;; BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO ASPEN GLEN/ceiMPANY ,////~ ff~.,;;: President ( "'----- EXHIBIT TO ASPEN GLEN RESOLUTION PLANNED UNIT DEVELOP.KENT PLAN MAP ~ook wit~ or,~inal eso I u +ion.. Ir\. ~ I e..r k 's ' I or~iee