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HomeMy WebLinkAbout7.0 Resolution 2011-10viii 1111 Reception#: 798880 02/15/2011 02:51:23 PM Jean Piberico 1 of 14 Reo Fee:SO.00 Doe Fee:0.00 GPRFIELD COUNTY CO STATE OF COLORADO . • ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 8th day of November, A.D. 2010, there were present: John Martin , Commissioner Chairman Mike Samson Commissioner Tresi Houpt , Commissioner Don DeFord , County Attorney Jean Alberico Clerk of the Board Ed Green (absent) , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2011-10 A RESOLUTION CONCERNED WITH THE APPROVAL OF A LAND USE CHANGE PERMIT FOR EXTRACTION OF NATURAL RESOURCES (SAND & GRAVEL) KNOWN AS THE "EXPANSION OF THE BLUE NT" PARCEL NO#.2393-254-00-265 & 2393-254-00-285 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received an application from The Dolores (Dee) B. Blue Revocable Trust and Dee Blue for a Land Use Change Permit for Extraction of Natural Resources (Sand and Gravel) for the operation known as the "Expansion of the Blue Pit". B. The total property consists of 289 acres of which 82.70 acres are currently permitted for gravel extraction. The request is to maintain the existing and permitted gravel operations and to add an additional 64 acres to the permitted area for gravel extraction and which approved Site Plan and Reclamation Plan are attached hereto as Exhibits A and B respectively. C. The 289 -acre tract is located approximately 1/2 miles east of the main interstate intersection of Rifle Colorado between the Colorado River and Interstate 70 in Section 15, Township 6 South, Range 93 West of the 6th PM, Garfield County and legally described in Exhibit C attached hereto. 1 rU 1111 RI P174,M0(114111:1116410RN4SN1r,11iii 11 111 Reception#: 798880 0211512011 02:51:23 PM Jean Rlberico 2 of 14 Rep Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO D. The subject property is located within the Rural zone district and a Land Use Change Permit for Extraction of Natural Resources requires a Major Impact Review Process conducted by Garfield County. E. The Board is authorized to approve, deny or approve with conditions a Land Use Change Permit for "Extraction of Natural Resources" pursuant to Section 1-301 and 4-106 of the Garfield County Unified Land Use Resolution of 2008, as amended. P. The Garfield County Planning Commission opened a public hearing on 08/11/10 upon the question of whether the Land Use Change Permit application for Extraction of Natural Resources should. be granted or denied, during which hearing the public,and interested persons were given the opportunity to express their opinions regarding the application. G. The Garfield County Planning Commission closed the public hearing on 08/11/10 and forwarded a recommendation of approval with conditions to the Board of . County Commissioners. H. The Board of County Commissioners opened a public hearing on the 10th day of November, 2010 upon the question of whether the Land Use Change Permit application for Extraction of Natural Resources should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the application. H. The Board of County Commissioners closed the public hearing on the .10th day of November, 2010 to make a final decision. I. The Board on the basis of substantial competent . evidence produced at the aforementioned hearing, has made the following determinations of fact: 1) That proper public notice was provided as required for the hearings before the Planning Commission and Board of County Commissioners. 2) That the hearings before the Planning Commission and Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at those meetings. 3) That for the above stated and other reasons, the Land Use Change Permit for an amendment to a Special Use Permit to expand the Gravel Extraction activities in. the "Blue Pit" is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4) The requested modification of Dryland Slope standards from a slope of 5:1 to 3:1 is 2 1111'iN14fE41�iiEliiii6LniIAliN UATN#'JN'4 it 111 Reception*: 798880 02/15/2011 02:51:23 PM Jean Alberico 3 of 14 Reo Fea:$0-00 Doc Fee:0.00 GARFIELD COUNTY CO in conformance with the purpose statement of Section 7-840 and that the modifications create an aesthetically pleasing site that blends with the surrounding area, to provide for wildlife habitat and, to provide for future re -use of the site. 5) It has been determined that the gravel extraction proposal is compatible with the existing zoning and future land use objectives of the Rural Zoning District and The Garfield County Comprehensive Plan of 2000. 6) That the application, if all conditions are met, can be in conformance with the applicable Sections of the Garfield County Unified Land Use Resolution of 2008 as amended. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: 1. The forgoing Recitals are incorporated by this reference as part of the resolution. 2. That all representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 3. The operation of the facility shall be in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 4. The facility shall be operated so that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. 5. Site operations shall not emit heat, glare, radiation, dust or fumes which substantially interfere with the existing use of adjoining and nearby property or which constitutes a nuisance or hazard. 6. All equipment and structures associated with this permit shall be painted with non -reflective paint in neutral colors to reduce glare and mitigate any visual impacts. 7. All lighting associated with the property shall be directed inward and downward towards the interior of the property. 8. The following recommendations of the Garfield County Road and Bridge Department shall become conditions of approval: . 3 1111 WIpZ1MfiNfNitiiKWa+L64hlitiaNMlY1r1Nhi 11111 Reception#: 796880 02:1512011 02:51:23 P11 Jean Plberico 4 of 14 Rec Fee:$0.00 Doe Fee:0.00 GARFIELD COUNTY CO A) A stop sign shall be required at the entrance to the County Road 104. The sign and installation shall be as required in the MUTCD (Manual on Uniform Traffic Control Devices). B) The owners of the gravel pit may be asked in the future to contribute to a road repair or improvement project for CR 104 and CR 103 to SR 82. C) All vehicles using CR 103 and CR 104 to access the gravel pit shall abide by Garfield County's oversize/overweight system. All vehicles requiring oversize/overweight permits shall apply for them at Garfield County Road and Bridge Department. 9. The Reclamation Plan and Landscape Plan for the site shall be seeded using hydro -seeding with hydro -mulching using tackifier for all slopes greater than 5:1 as required by Section 7- 840 of the ULUR. 10. The applicant shall submit a revised "Weed Control Plan Map" identifying the locations of Musk Thistle and Plumeless Thistle prior to issuance of a Land Use Change Permit. All noxious weeds as listed by County Vegetation Management shall be controlled in any areas of the property not being actively mined at that time, including top soil piles and areas where mining has been discontinued for more than 30 days: 11. The applicant shall comply with the following provisions which are incorporated herein as conditions of approval: A) Hours of Operation: The gravel pit shall be allowed to operate Monday — Saturday, with crushing, digging and heavy haulingonly occurring between 7:00 AM to 5:00 PM Monday through Friday; heavy hauling from 7:OOAM to 5:OOPM on Saturday; and crushing and digging from 8:00 AM to 5:00 PM on Saturday. There shall be no operations on Sunday except in the case of an emergency or for standard maintenance purposes. B) All Trucks operating in the Pit (including third -party trucks not operated by the Owner or Operator, shall be subject to the following: i. All trucks shall have and maintain stock muffler systems that are performing to original manufacturer's specifications. This can be determined and verified by simple visual and auditory inspection of the truck. ii. All trucks ascending or descending the haul route shall not exceed speeds of 10 mph_ iii. All trucks descending the haul route or approaching the haul route access on SR 82 shall not use engine Jake Brakes to decelerate. 4 P111 WiMAlti',MNYhi KW KM Mi 1101 11 111 Reception#: 798880 02/15/2011 02:51:23 PM Jean Rlberioo 5 of 14 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO iv. All truck. drivers, independent or employed by the applicant shall be briefed on the conditions above and shall agree to operate within the requirements of these stipulations. v. The applicant shall set up a series of progressive consequences for drivers that fail to comply with the above. conditions: after three violations any trucker shall be prohibited from entering the pit for a time period of not less than one year. 12. All noise generated from the operation shall not exceed the Residential Zone noise standards defined in the CRS such that noise shall not exceed 55 dB(A) from 7:00 AM to 5:00 PM and 50 dB(A) from 5:00 PM to 7:00 AM when measured 25 feet outside of the Property Boundary. 13. The Owner or Operator shall submit an annual report to the County Building and Planning Department with GPS measurements shown on a map showing the current disturbance, what areas have been backfilled, where topsoil stockpiles are located, all site structures, what areas have been seeded, mulched, and what is planned for the ensuing 12 months. This annual report shall also include: 1) an updated estimate of gravel reserves remaining within the permitted boundaries and within each Mining Area Phase; and 2) the implementation of any and all technology within the Pit to mitigate or otherwise reduce noise, dust or other impacts to surrounding properties. The Owner or Operator shall, within one year prior to commencing mining operations within any Mining Phase or ten years since the most recent public meeting, whichever is sooner, schedule before the BOCC a public meeting to review the status of mining and processing operations and to provide the citizens of Garfield County the opportunity to comment upon such operations. 14. The County can request a site inspection with 24 hour's notice to the Operator or Property Owner. Full access to any part of the site will be granted. On request, all paperwork must be shown. 15. A. full list of all other permits shall be provided to the County within 24 hours of a request by the County. Any person at any time can call the following agencies directly and request an inspection if they believe a condition of that agency's permit is being violated. A. CDPHE Aix Quality Control 303-692-3150 B. Division of Reclamation, Mining and Safety 303-866-3567 C. CDOT Grand Junction office 970-248-7000. 16. The Property Owner and Operator acknowledge that the County has the following performance standards that could lead to revocation of the Land Use Change Permit: A. All fabrication, service and repair operations shall be conducted within an enclosed building or obscured by a fence, natural topography or landscaping. 5 tillcriMl'thatal'+Iliikllel 6hi�Nttilrw M��'M 11111 0211612011 02:51:23 PM Jean Rlberico 6 of 14 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO B. All operations involving loading and unloading of vehicles shall be conducted on private property and shall not be conducted on a public right-of-way. C. All industrial wastes shall be disposed of in a manner consistent with statutes and requirements of CDPHE. D. Every use shall be operated so that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point of any boundary line of the property. E. Every use shall be operated so that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining or nearby property or which constitutes a nuisance or hazard Flaring of gases, aircraft warning signal and reflective painting of storage tanks, or other legal requirements for safety or air pollution control measures shall be exempted from this provision. 17. The County acknowledges that the State Division of Reclamation, Mining and Safety ("DRMS") will require a reclamation bond for the operation. So as not to require a duplicate bond, the County will not as a part of this approval require a separate bond; however, the County reserves the right to require a bond in the future in the event the County determines the bond held by DRMS is inadequate or has been released prior to completion of adequate reclamation. The County shall be invited to any bond release inspection of the State Division of Reclamation, Mining and Safety. The County will have the opportunity to demonstrate that any item of the permit has not been complied with and that bond should not be released. Specifically, the Final Reclamation Plan (Reclamation Plan Map) shall include the following components: A. When reclaimed, Mining Areas 2 and 4 shall be constructed to a 3:1 slope. See the Reclamation Plan Map of the application for the layout of these areas. This shall be required to be shown on the Final Reclamation Plan approved herein and tendered to the DRMS. 13. Mining Operations shall be allowed to progress so long as the applicant reclaims each successive phase before moving on to the next phase as shown on the Mining Plan. The Applicant shall use "contemporaneous reclamation" as discussed in the application. If the reclamation does not follow the Mining Plan or has not been completed within eighteen (18) months, all mining operations on the property shall be halted until the reclamation and re -vegetation has occurred to the satisfaction of the County. Completion shall include but not be limited to recountering, top -soiling, seeding, and mulching. 6 1111 Pri.1%11.11LWR +i.N,t irCkfak 11111 Recept.ron#: 798880 02/15/2011 02:51:23 PM Jean Alberto° 7 of 14 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO C. The DRMS Final Reclamation Plan shall be resubmitted to Garfield County prior to the issuance of a Land Use Change Permit and shall be the only reclamation plan used by both the County and DRMS. Additionally, a new bond will be calculated to cover this plan and secured with DRMS to cover its implementation. Proof of a recalculated bond shall be provided to the County prior to issuance of a LUCP. 18. The Concrete Plant shall remain in its current location in the bottom of the pit on the eastern end of Mining Area 1. No Asphalt Plant shall be allowed anywhere within the Property unless the same is separately approved by Garfield County pursuant to amendment of the within approval or pursuant to separate application. 19. Owner or Operator agrees to remove all stockpiled gravel and all facilities necessary for such removal located in Mining Areas 2 or 4 within three hundred and sixty (360) days of the termination of this approval. 20. Primary. Crusher: a. The primary jaw crusher shall be located at all times on the pit floor and as close as is practicable to the northern -most slope. If the primary jaw crusher cannot be located adjacent to the toe of the northern slope, then sound shall be mitigated with a30 feet berm of material left in place or a. sound wall system; and b. Owner or Operator shall use reasonable efforts and implementable technology to minimize sound emanating from the primary crusher. 21. All in -pit haul trucks and excavating equipment used by Owner or Operator instant to mining operations shall be equipped with "white noise" or similar backup alarms or no less effective alarm equipment. Standard backup alarms, as to the above identified equipment shall not be utilized. 22. Secondary Crusher, Stackers and Conveyors: The Secondary Crusher and Stackers shall remain within the Phase I Mining Area. 23. The Owner or Operator shall not exceed 14ug/cu.meter of dust under normal operating conditions. All haulage roads within the pit shall be watered four (4) times per day unless due to inclement weather, snow or ice, such watering is not required. 24. Screening of Adminishation Building, Maintenance Buildings and Equipment. All buildings and equipment shall be screened or obscured from view of the Wooden Deer Subdivision by installation of berms and planting of trees (cottonwood, pine or their equivalents) which trees, at the time of planting, shall be at least ten (10) feet in height and spaced upon ten (10) foot centers. 7 111 A ■P1 fll I INVIALIYA mtperwitioi 1111 Reception#. 798800 02/15/2011 02:51:23 PM Jean Alberto° 0 of 14 Rea Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 25. Visual Impacts. Mining operations shall be conducted in strict conformity with the Visual Impact Study presented by the Applicant to the BOCC at its hearing of November 08, 2010. A copy of the representative photographs (modified to show anticipated visual impacts) shall remain available to the public for visual inspection at the Garfield County Planning Office and by this reference are incorporated herein as a material part of this approval. 26. In order to be more compliant with ULUR § 7-840(11), the Reclamation Plan shall be modified as shown on the attached Reclamation•Plan. 27. Area. of Expansion. The area of expansion approved by this Resolution shall be limited to the areas labeled Mining Area 2 (18.49. acres) and Mining Area 4 (22.05 acres) which are the two southern mining areas furthest away from any residential development Further, this Permit shall expire on November 7, 2030. No mining is permitted within those areas labeled Mining Area 3 or Mining Area 5. Dated this 1 y day of i-a.i fl A.D. 20 11 . GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, • • .• 1O Upon motion duly made and seconded th- fore.:`_ 'esu ution was ado. by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TRESI HOUPT STATE OF COLORADO ) )ss County of Garfield. ) , Nay , Aye ,Aye I, , County Clerk and ex -officio Clerk of the Board of 8 Bill M.Ni11, ,rfik Hit EMMA ' II III Reception*: 798860 02!16/2011 02:61:23 PM Jean Rlberico 9 of 14 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of' the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 9 2 co E co M -m1 v u 0 2 N 11 0 0 m Or 64, ifia, �1. I4I:filY, • TflHh11III 1 EXHIBIT t lasSa a a • tali mak EXHIBIT Co A PARCEL OF LAND LOCATED IN SECTIONS 25 AND 36, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6Th P.M., GARFIELD COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NW CORNER OF THE NE1/4 OF 111.E NWI/4 OF SAID SECTION 25 WHENCE THE NW CORNER OF SAID SECTION 25 BEARS N 89°34'37" W A DISTANCE OF 1314.39 FEET ALONG THE NORTH LINE OF SAID SECTION 25; THENCE S 89°34'37" E ALONG SAID NORTH LINE OF SECTION 25 A DISTANCE OF 1314.39. FEET TO THE NE CORNER OF SAID NE1/4 OF THE NW1/4 OF SECTION 25; THENCE S 02°49'46" W ALONG THE EAST LINE OF SAID NEI/4 OF THE NW1/4 OF SECTION 25 A DISTANCE OF 136797 FEET TO THE SE CORNER OF SAID NE1/4 OF THE NWI/4 OF SECTION 25; THENCE S 88°58'01" E ALONG. THE SOUTH LINE OF THE WW1/4 OF THE NEI/4 OF SAID SECTION 25 BEING ALSO THE NORTH LINE OF GLO LOT 1 OF SAID SECTION 25 A DISTANCE OF 1312.72 FEET TO THE SE CORNER OF SAID.NW1/4 OF THE NE1/4 OF SECTION 25;. THENCE S 02°18'30" W ALONG THE EAST LINE OF SAID GLO LOT 1 A DISTANCE OF 1359.69 FEET TO THE NW CORNER OF THE NE1/4 OF THE SE1/4 OF SAID SECTION 25; THENCE. S 89°18'33" E ALONG THE NORTH LINE OF SAID NE1/4 OF THE SE1/4 OF SECTION 25 A DISTANCE OF 1047.54 FEET TO A POINT ON SAID NORTH LINE OF THE NE1/4 OF THE SE1/4 OF SECTION 25; THENCE S 00°25'58 E ALONG THE WESTERLY BOUNDARY OF A PARCEL OF LAND DESCRIBED IN BOOK 516 PAGE 393 AS RECORDED IN THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER A DISTANCE OF 675.17 FEET TO A POINT ON THE NORTH 1/64 LINE OF THE SI/2 OF SAID SECTION 25; THENCE CONTINUING S 00°25'58" E ALONG SAID WESTERLY BOUNDARY OF A PARCEL OF LAND DESCRIBED IN BOOK 516 PAGE 393 AS RECORDED IN THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER A. DISTANCE OF 675.10 FEET TO A POINT ON THE SOUTH 1/16 LINE OF SECTION 25; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY OF A PARCEL OF LAND DESCRIBED IN BOOK 516 PAGE 393 AS RECORDED 'IN THE "OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER S 00°04'20" E A DISTANCE OF 686.61 FEET TO A POINT; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY OF A PARCEL OF LAND DESCRIBED IN BOOK 516 PAGE 393 AS RECORDED IN THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER S 00°04'20" E A DISTANCE OF 392.16 FEET TO A POINT. BEING THE CENTERLINE OF THE BASIN DITCH FROM WHENCE THE SOUTHEAST CORNER OF SAID SECTION 25 (1987 BLM 3' ALC) BEARS S 34°20'05" E A DISTANCE OF 329.97 FEET, SAID POINT BEING THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 516, PAGE 393 AND SAID POINT ALSO LIES ON THE NORTH LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 642, PAGE 719 BEING THE RANCH AT ROARING FORK, • THENCE ALONG THE CENTERLINE OF SAID BASIN DITCH AND SAID NORTH LINE OF THE RANCH AT ROARING FORK THE FOLLOWING FIVE COURSES: 1) N 79°02'13" W A DISTANCE OF 161.27 FEET; • 2) THENCE N 88°2225" W A DISTANCE OF 108.79 FEET; 3) THENCE S 83°42'35" W A DISTANCE OF 116.20 FEET; 4) THENCE S 73°47'47" W A DISTANCE OF 157.24 FEET; 5) THENCE S 81°2420" W A DISTANCE OF 135.82 FEET TO A POINT ON THE WEST LINE OF GOVERNMENT LOT 16; THENCE ALONG SAID WEST LINE OF LOT 16 AND THE WEST LINE OF SAID RANCH AT ROARING FORK PARCEL S 01°44'52" W A DISTANCE OF . 10 t z ▪ o k 0 J lilis a ° m m �a d am r 2 n" n.S 0a0 o 14-(3-4(34 ° D se ia 0 Wes,- 1111 PAW I011kiffilklftnalfli4iIH411 III Reception# 798880 02/15/2011 02:51:23 P11 Jean Rlberio° 13 of 14 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO 223.29 FEET TO THE SOUTHWEST CORNER OF SAID LOT 16, SAID POINT BEING THE NORTHEAST CORNER OF GOVERNMENT LOT 2 OF SAID SECTION 36 AND LYING ON THE SOUTH LINE OF SAID SECTION 25; THENCE ALONG THE EAST LINE OF SAID LOT 2 AND CONTINUING ALONG SAID WEST LINE OF THE RANCH AT ROARING FORK PARCEL S 00°34'55" E A DISTANCE OF 223.04 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF CDOT PARCEL NO. 106A FOR SAID STATE HIGHWAY 82 AS DESCRIBED IN BOOK 900, PAGE 462 AS RECORDED IN THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER; THENCE ALONG SAID NORTH RIGHT-OF-WAY N 80°41'48" W A DISTANCE OF 1442.38 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 25 SAID POINT ALSO BEING THE BEGINNING OF THE NORTH RIGHT-OF-WAY OF CDOT PARCEL NO. 106 AS DESCRIBED IN BOOK 900, PAGE 461 AS RECORDED 114 THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER; THENCE ALONG SAID NORTH RIGHT-OF-WAY THE FOLLOWING EIGHT COURSES: 1) . N 80°41'48" W A DISTANCE OF 424.95 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST 'A OF SAID SECTION 25; 2) THENCE N 80°41'48" W A DISTANCE OF 501.46 FEET; 3) THENCE N 22°52'58" W A DISTANCE OF 204.33 FEET; 4) THENCE N 76°22'18" W A DISTANCE OF 30.00 FEET; 5) THENCE N 13°37'42" E A DISTANCE. OF 10.00 FEET; 6) THENCE N 76°22'18" W A DISTANCE OF 336.08 FEET; 7) THENCE S 81°58'12" W A DISTANCE OF 110.16 FEET; 8) THENCE N 80°41'10" W A DISTANCE OF 1181.68 FEET TO A POINT ON THE EAST LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 641, PAGE 298, SAID POINT ALSO BEING ON THE EAST LINE OF GOVERNMENT LOT 12, IN SAID SECTION 25, AND LYING ON A FENCELINE FROM WHENCE THE WITNESS CORNER TO THE SOUTHWEST CORNER OF SAID SECTION 25 (1995 CDOT 3-1/4" ALC) BEARS S 83°16'13" W A DISTANCE OF 508.05 FEET; THENCE ALONG SAID EAST LINE N 00°00'58" W A DISTANCE OF 770.69 FEET TO A POINT ON THE SOUTH 1/16 LINE OF SAID SECTION 25 SAID POINT ALSO BEING THE SE; THENCE CONTINUING ALONG SAID EAST LINE N 00°00'58'! W A DISTANCE OF 607.74 FEET TO A POINT BEING THE SOUTHWEST CORNER OF TRACT 3 AS AMENDED ON "JEAN AND DEE BLUE AMENDED SUBDIVISION EXEMPTION LOT LINE ADJUSTMENT PLAT (CORRECTION PLAT)" AS RECORDED IN THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER AS RECEPTION NO. 689015; THENCE 5 89°58'01" E ALONG THE SOUTHERN BOUNDARY OF SAID TRACT 3 AS AMENDED ON "JEAN AND DEE BLUE AMENDED SUBDIVISION EXEMPTION LOT LINE ADJUSTMENT PLAT (CORRECTION PLAT)" AS RECORDED IN THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER AS RECEPTION NO. 689015 A DISTANCE OF 1220.82 FEET TO A POINT BEING THE SOUTHEAST CORNER OF SAID TRACT 3 AS AMENDED ON "JEAN AND DEE BLUE AMENDED SUBDIVISION EXEMPTION LOT LINE ADJUSTMENT PLAT (CORRECTION PLAT)" AS RECORDED IN THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER AS RECEPTION NO. 689015; THENCE N 00°05'51" W ALONG THE EASTERN BOUNDARY OF TRACT 3 AS AMENDED ON "JEAN AND DEE BLUE AMENDED SUBDIVISION EXEMPTION LOT LINE ADJUSTMENT PLAT (CORRECTION PLAT)" AS RECORDED IN THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER AS RECEPTION NO. 689015 A DISTANCE OF 60.29 FEET TO A POINT ON THE NORTH 1/64 LINE OF THE SOUTH '/ OF SAID SECTION 25; THENCE CONTINUING N 00°05'51" W ALONG SAID EASTERN BOUNDARY OF TRACT 3 AS AMENDED ON "JEAN AND DEE 1111'RecepiIUiY'1�91�J81�i1111 9��11i. k�rU�C6� �fih'14�tIH'�L 810 02/15/2011 02:51:23 PM Jean filberloo 14 of 14 Rec Fee:S0.00 Doc Fee:0.00 GRRFIELD COUNTY CO BLUE AMENDED SUBDIVISION EXEMPTION LOT LINE ADJUSTMENT. PLAT (CORRECTION PLAT)" AS RECORDED IN THE OFFICE OF -THE GARFIELD COUNTY CLERK AND RECORDER AS RECEPTION NO. 689015 A DISTANCE.OF 855.68 FEET TO A POINT TO THE SOUTHEAST CORNER OF AMENDED TRACT 2 AS AMENDED ON "JEAN AND DEE BLUE AMENDED SUBDIVISION EXEMPTION LOT LINE ADJUSTMENT PLAT (CORRECTION PLAT)" AS RECORDED IN THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER AS RECEPTION NO. 689015; THENCE THE FOLLOWING THREE COURSES ALONG SAID AMENDED TRACT 2 BOUNDARY: 1) N 00°05'51" W A DISTANCE OF 229.53 FEET; 2) N 88°22'41" E A DISTANCE OF 111.92 FEET; 3) N 07°59'34" W A DISTANCE OF 112.42 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF -A. PARCEL OF LAND DESCRIBED IN BOOK 466 PAGE 110 AS RECORDED IN THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER; THENCE THE FOLLOWING THREE COURSES ALONG THE BOUNDARY OF SAID PARCEL DESCRIBED IN BOOK 466 PAGE 110: 1) N 89°09'52" E A DISTANCE OF 7.69 FEET; 2) S 84°16'08" E A DISTANCE OF 212.85 FEET; . 3) N 00°11'08" W A DISTANCE OF .931.24 FEET TO A POINT BEING THE NORTHEASTERLY CORNER OF A PARCEL OF •LAND AS DESCRIBED IN BOOK 1532 PAGE 865 AS RECORDED IN THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER; THENCE S 89°52'34" W ALONG THE NORTHERLY LINE OF SAID PARCEL DESCRIBED IN BOOK 1532 PAGE 865 A DISTANCE OF 454.41 FEET TO A POINT ON THE WEST LINE OF SAID NE1/4 OF THE NW1/4 OF SAID•SECTION 25; THENCE N 03°2595" E •ALNG SAID' DISOTANCE OF WEST 01.73 EETOTOHW THE POINT OF BEE NE1/4 OF THE GINNINGFCONTAINING 364.1484 • ACRES MORE OR LESS.' EXCEPTION EXCEPTING THEREFROM A PARCEL OF LAND LOCATED IN SECTION 25, TOWNSHIP 7 SOUTH, RANGE 88 : WEST OF THE 6TH P.M., GARFIELD COUNTY, COLORADO DESCRIBED IN BOOK 370 PAGE 89 AS RECORDED IN THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER . BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE NW CORNER OF THE NE1/4 OF THE NW1/4 OF SAID SECTION 25 BEARS N 43°24'08" W A DISTANCE OF 715.37 FEET; THENCE S 60°21'00" E A DISTANCE OF 100.00 FEET; THENCE S 29°39'00" W A DISTANCE OF 150.00 FEET; THENCE N 60°21'00" W A DISTANCE OF 100.00 FEET; THENCE N 29°39'00" E A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING; CONTAINING 0.34 ACRES MORE OR LESS. PARCEL AREA MINUS EXCEPTION IS 363.808 ACRES MORE OR. LESS.