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HomeMy WebLinkAbout1.0 Applicationvc RECEIVED GARFIELD COUNTY MAR 0 2 2005 Building & Planning Department 108 8th Street, Suite 201 GARFIELD COuNTY Glenwood Springs, Colorado 81601 BUILDING & PLANNING Telephone: 970.945.8212 Facsimile: 970.384.3470 www. Barfield -county. com Conditional Use Permit GENERAL INFORMATION (To be completed by the applicant.) Street Address / General Location of Property: 8076 COUNTY ROAD 113 Legal Description: Attached. Existing Use & Size of Property in acres: Description of Conditional Use Requested: Operation of an aircraft landing strip per 3.02.02 / privately owned and operated heliport / helipad. ➢ Zone District: A/R/RD Name of Property Owner (Applicant): Turnberry Ranch, LLC c/o Balcomb & Green, r. Address: 818 Colorado Ave Telephone:970-945-6546 i City: Glenwood Springs State: CO _ Zip Code:81601 FAX: 970-945-8902 Name of Owner's Representative, if any (Planner, Attorney, etc): Balcomb & Green, P.C. Address: 818 Colorado Ave. Telephone: 970-945-6546 i City: Glenwood Springs State: co Zip Code: 81601 FAX: 970-945-8902 STAFF USE ONLY Doc. No.: Date Submitted: TC Date: Planner: Hearing Date: County web site at http://www.qarfield-county.com/buildinq and planninq/index.htm or call this office. 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the conditional use permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Conditional Use Permit application review process works in Garfield County.) 1. Submit this completed application form (pages 1-4), base fee, and all submittal requirements to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a 'Public Notice Form(s)' indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Conditional Use Permit. (If Staff determines your application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Conditional Use Permit for the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed Conditional Use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified retum receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the Conditional Use request. In addition, the Applicant shall provide proof at the hearing that proper notice was provided. 5. Once the Board makes a decision regarding the Conditional Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Conditional Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Conditional Use Permit certificate until the applicant has satisfied all conditions of approval. The Conditional Use Permit approval is not finalized until this office has issued the Official Conditional Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the state which is correct da above and have provided the required attached information urate to the best of my knowledge. (Signature of ap cant/owner) Date Last Revised: 11/14/2002 I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Submit plans and specifications for the proposed use including the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size of any existing and/or proposed structures that will be used in conjunction with the proposed use. Please submit the specific information in narrative form and be specific. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. tf you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all mineral rights owners of the subject property and public and private landowners adjacent to your property. In additional, submit a list of all property owners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. 6. Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 8. Submit an impact statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use. (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character. 9. Depending on the type of Conditional Use Permit requested, you may need to respond to additional conditional use review standards in the Garfield County Zoning Resolution Section 5.03. Refer to the Section 5.03 of the Zoning Resolution which can be located on the Garfield GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for conditional use/aircraft Turnberry Ranch, LLC landing strip/helipad (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. jeliC* . Print Name Mailing Address: c/o Balcomb & Green, P.C. 818 Colorado Ave Glenwood Springs CO 81601 Page 4 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for subdivision and land use applications is attached. GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. TYPE OF PROCEDURE BASE FEE Sketch Plan $325 Preliminary Plan $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey Final Plat $200 Amended Plat $100 Exemption from the Definition of Subdivision (SB -35) $300 Land Use Permits (Special Use/Conditional Use Permits) • Administrative/no public hearing $250 • Board Public Hearing only $400 • Planning Commission and Board review & hearing $525 Zoning Amendments • Zone District map amendment $450 • Zone District text amendment $300 • Zone District map & text amendment $500 • PUD Zone District & Text Amendment $500 • PUD Zone District Text Amendment $500 Board of Adjustment • Variance $250 • Interpretation $250 Planning Staff Hourly Rate • Planning Director $50.50 • Senior Planner $40.50 • Planning Technician $33.75 • Secretary $30 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) Mylar Recording Fee $11 — 1 • page $10 each additional page Page 2 The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. 9. This fee structure shall be revised annually as part of the County budget hearing process. Page 3 APPLICATION FOR CONDITIONAL USE PERMIT NARRATIVE RESPONSE The within application for Conditional Use Permit is hereby submitted by Turnberry Ranch, LLC ("Applicant"), a Florida limited liability Company. This Application addresses and concerns the proposed operation of a private use heliport to be located on the approximate 625 acre Ranch property owned by Applicant and located within the upper Cattle Creek area. Applicant's property is zoned A/R/RD and presently contains one primary residential structure, a guest house and buildings and structures accessory to the residential and agricultural uses conducted therein. Access to Applicant's property is provided via County Road 133, the proximity of which to Applicant's property is depicted within Exhibits C, D and G, supra. For the reasons addressed more fully below, the application materials herein contained address two alternative landing area sites. These landing area sites are identified within the application materials as Helipad A and Helipad B. Helipad A is located within an area of Applicant's property which, pursuant to previous wetlands permitting action by the Army Corps of Engineers ("Army Corps"), was designated as a wetlands remediation area. A copy of the Nationwide Permit General Permit 32 (Application No. 200275513) issued to Applicant in this regard is attached hereto as Exhibit A. This permit incorporated and was issued in conjunction with the Settlement Agreement executed by and between the Applicant and the Army Corps, a copy of which is attached herewith as Exhibit B. In order to operate Helipad A, Applicant will first need to obtain from the Army Corps an amendment of the above cited Nationwide Permit. Applicant has initiated this requisite amendment procedure with the Army Corps. Preliminary discussions had by Applicant with the Army Corps indicate that this amendment will be granted. Helipad B is located in an area that presents no wetlands/404 permitting issues and is included herein solely as an alternative to Helipad A. Helipad B as such, will be placed into operation only if the wetland permitting issues above addressed preclude operations at Helipad A. Where differences between the two proposed structures exist, the same have been noted herein. Briefly summarized, these structures differ only in their siting and form of construction. Proposed operations and the off-site impacts presented thereby are identical. In light of these redundancies, Applicant did not believe it appropriate to set forth a separate analysis for each under the applicable Conditional Use review criteria. Addressing the form Application Submittal Requirements, Applicant responds as follows: 1. Submit plans and specifications for the proposed use including the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size of any existing structures that will be used in conjunction with the proposed use. Page 1 Response. • A site plan depicting the immediate area surrounding the proposed heliport is attached hereto as Exhibit C. This site plan identifies the locations of both Helipad A and Helipad B vicinity map at a 1" = 2000' scale is included therewith. • Applicant proposes to use this facility upon a 24 hour/7 day a week basis; however, Applicant estimates 75% of such use will occur between the hours of 8:00 a.m. to 6:00 p.m. Except for fueling and emergency repairs, all maintenance activities will be conducted off-site (Garfield/Pitkin/Eagle County Airport facilities or the like). • Constituting a private use heliport, use of this facility should not increase or alter in any significant manner either the number or type of vehicles accessing the site on daily, weekly and/or monthly basis.' In fact, given that this facility is designed to be used by the Applicant/property owner and its guests, total vehicle travel upon County Road 113 should be lessened as the result of this proposed use. • The only structure(s) directly related to this proposed use is the proposed helipad. If Helipad A is placed into operation, this structure shall consist of a 4 foot high raised circular (25' diameter) concrete pad. Lighting shall be provided by vertical amber lights mounted flush with the concrete pad. If Helipad B is placed into operation, this structure shall consist of a 2 foot high raised square (25' x 25') concrete pad. Lighting shall be provided by vertical amber lights mounted flush with the concrete pad. All other structures identified within the site plan pertain and/or are accessory to the residential and agricultural uses existing within the property. The heliport is designed in accordance with all of the following guidelines for private use airports as contained within Chapter 2 of the Advisory Circular as enumerated therein, to wit: 13. TAKEOFF AND LANDING AREA. A private use helicopter should have an unobstructed area available for takeoff and landing of helicopters. a. Location. The takeoff and landing area (sometimes hereinafter "Primary Surface') may be located on the ground, on a water surface, a roof of a building, or an elevated platform. The location should provide at least 1/3 rotor diameter, but not less than 10 feet (3m), horizontal distance between the takeoff and landing area and building, fences, parapets, curbs and objects which could be struck by main or tail rotors. Response. The helipad is centered within a landing area approximately 75 feet from the nearest structure or object which could be struck by the main or tail rotors. 'Under Federal Aviation Administration Advisory Circular 150/5390-2 (hereinafter "Advisory Circular"), a Private use Heliport is a facility for exclusive use by the owner or other persons having prior authorization to use such facility (See, Chapter 1, Paragraph 3.d.) Page 2 b. Size. The takeoff and landing area length and width, or diameter, should be at lease twice the rotor diameter of the design helicopter. Response. The takeoff and landing area complies with this standard. c. Surface Characteristics. The portion of the takeoff and landing area surface outboard of the helipad or helideck may be clear airspace. Except for essential frangible heliport visual aids which may be located in this area, the surface of the takeoff and landing area should be clear of objects, including parked helicopters, while a helicopter is landing or taking off. Response. Excluding the wind indicator, the proposed takeoff and landing area surface outboard of the helipad constitutes clear airspace. Fueling shall be accomplished pursuant to use of a 500 gallon mobile fuel tank which is removed from the area during takeoff land landing operations.2 14. HELIPADS AND HELIDECKS. a. Size. The minimum length and width, or diameter, of the helipad or helideck should be at least 1.5 times the design helicopter 's undercarriage length or width, whichever is greater. Response. The diameter of the helipad satisfies this standard as to medium to light single and dual engine helicopter classifications. b. Surface Characteristics. The helipad of a ground level heliport can vary from a turf to an all paved surface and normally is load bearing. Helidecks and paved helipads should have a skid -resistant surface and be designed to support 1.5 times the design helicopter's maximum takeoff weight. To assure the safety of personnel, the perimeter of a helideck raised 4 feet (1.2 m) or more above the surrounding surface should have a horizontal safety net or "shelf" installed. Response. The helipad shall be constructed of a steel reinforced concrete pad. Radiant heating tubes shall be installed to prevent ice and snow accumulations during winter time operations. 15. APPROACH AND DEPARTURE ROUTE. At least one unobstructed approach and departure route is required. When surrounding conditions permit, additional approach and departure routes are desirable to allow the helicopter to take advantage of the wind direction in making a landing or takeoff 2Tanks of a size less than 600 gallons are exempt from the permitting requirements of the Colorado Department of Labor and Employment, Division of Oil and Public Safety. See, 7 CCR 1101-4, Section 3-1. Page 3 Response. The proposed Approach/Departure routes to the helipads are identified within the applicable applications for Notice of Landing Area Proposal attached hereto as Exhibit J and K. These routes comply in all respects with that required of helicopter approach surfaces as defined under the Advisory Circular, to wit: The approach surface begins at each end of the heliport primary surface (take off and landing area) with the same width as the primary surface, and extends outward and upward for a horizontal distance of 4,000 feet where its width is 500 feet. The slope of the approach surface is 8 to 1 for civil heliports and 10 to 1 for military heliports. a. Configuration. The designated approach and departure routes may curve to avoid objects or noise sensitive areas. Response. See Response to 15, hereinabove. b. Protection. FAR Part 77 does not require persons contemplating the construction of objects or buildings in the vicinity of a private use heliport to give the FAA notice of their intent. Therefore, acquisition of sufficient property interests, air rights, or zoning is recommended to assure protection of at least the innermost portion of the approach and departure routes. Response. The configuration of the Approach/Departure routes, together with the size of Applicant's property provide more than sufficient protection as to the future use of said routes without the need for acquisition of further property and/or air rights. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. Response. The proposed private heliport, as noted above, is intended to serve, exclusively, the existing residential and agriculture uses and structures located within Applicant's property. No additional water use or wastewater treatment will be required in conjunction with this proposed use. 3. Submit a site plan/map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. Response. The site plan for the proposed use together with all existing structures is set forth Page 4 within the aforementioned Exhibit C. Applicant's property consists of the consolidation of four separately described parcels as set forth within the following identified documents: a. Exhibit D - (DRAFT) AMENDED FINAL PLAT, BELOTTI/CATTLE CREEK RANCH SUBDIVISION (HCE Project No. 2021617.10/ 10-08-04). Applicant is the owner of those parcels identified and described therein as Parcel B and Parcel C. Title policies confirming Applicant's title ownership thereof are attached herewith as: i. Exhibit E - Land title Guarantee Company Title Policy No. LTH 1240042* 1. This policy incorporates within Schedule A the property description set forth within the above identified Final Plat as Parcel B; and ii. Exhibit F - Land title Guarantee Company Title Policy No. LTH1240041 * 1. Although denominated therein as "Parcel A", the property description set forth within Schedule A is the same as that set forth within the above identified Final Plat as Parcel C. iii. Exhibit G - IMPROVEMENT SURVEY (HCE Project No. 2021616.10/04- 17-04). Applicant is the owner of those parcels identified and described therein as Parcel 1 and Parcel 2. Applicant's title ownership thereof is confirmed under Land Title Guarantee Company Title Policy No. LTHJ237882, attached hereto as Exhibit H. The proposed heliport will utilize the existing access ways presently serving Applicants property. County Road 133 is the only County/State roadway located within 1 mile of Applicant's property. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. Response. See, Exhibit C. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all mineral rights owners of the subject property and public and private landowners adjacent to your property. In addition, submit a list of all property owners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. Response. A copy of the appropriate portion of the Garfield County Assessor's map is attached hereto as Exhibit I. 6. Submit a copy of the deed and a legal description of the subject property. Page 5 Response. See, response to Paragraph 4, hereinabove. 7. If you are acting as an agent for the property owner, you must attach an acknowledgment from the property owner that you may act in his/her behalf Response. This Application is filed in the name of Applicant. 8. Submit an impact statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. Response. See, response to Paragraph 2, hereinabove. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use. Response. See, response to Paragraph 1, hereinabove. (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character. Response. Applicant submits that the size and remote location of its property effectively eliminates any and all adjacent property impacts that could be presented by operation of the proposed heliport. As diagramed within Exhibit C hereto, there presently exist only six (6) residential structures that lie within a one (1) mile radius of the proposed helipad site — the closest being 1,452 feet away. Over flight impacts relative to these structures will be minimal given that all flights to and from the heliport: a. will be directed away from such structures; and b. will be at an altitude to be relatively imperceptible. The only lighting proposed to be used in conjunction with the proposed use pertain to the helipad lights, which will be set in a vertical position. Given that this will be a private use heliport, no signage pertaining to same will be utilized. 9. Depending on the type of Conditional Use Permit requested, you may need to respond to additional conditional use review standards in the Garfield County Zoning Resolution Page 6 Section 5.03. Refer to the Section 5.03 of the Zoning Resolution which can be located on the Garfield County web site at http://www.garfield-countv.com/buildingand planning/index.htm or call this office. 5.03.05 Aircraft Landing Strip. Such strip may not be in conflict with any reservation, regulation or requirements of the Federal Aviation Administration. Response. Applicant coincident with the processing of this Application shall file and obtain with the Federal Aviation Administration ("FAA") NOTICE OF LANDING AREA PROPOSAL (Form 7480) approval as required pursuant to 14 CFR Part 157. Form copies of these FAA Applications are attached hereto as Exhibit J (Helipad A) and Exhibit K (Helipad B). Applicant hereby agrees to the incorporation within the Garfield County Conditional Use Permit sought herein of all recommendations/conditions issued by the FAA aeronautical study. Page 7 U.S. Department of Transportation Federal Aviation Administration Name of Proponent, Individual , or Organization Form approved OMB No. 2120-0036 NOTICE OF LANDING AREA PROPOSAL Turnberry Ranch, LLC ❑Check if the property owner's name and address areand list property owner's name and address on the nt than above, reverse. I ® Establishment or Activation 0 Deactivation or abandonment Q Alteration 0 Change of Status A. Location of Landing Area 1. Associated City/State Carbondale CO Address of Proponent, Individual , or Organization (No., Street, City, State, Zip Code) c/o Balcomb & Green, P.C. 818 Colorado Ave, Glenwood Springs CO 8160 } 0 Airport 0 Ultraflight Flightpark OF ® Heliport 0 Seaplane Base 0 Vertiport 0 Other (Specify) 2. County/State (Physical Location of Airport) Garfield CO 4. Name of Landing Area 5. Latitude Turnberry Helipad 39 e 128'108 .'7 B. Purpose Type Use Q Public Private 0 Private Use of Public Land/Waters C. Other Landing Areas Pitkin County Glenwood Municipal Eagle County Garfield County E. Obstructions Type Height Above Landing. Area I6. Longitude 107 °108'!08.'6 If Change of Status or Alteration, Describe Change Construction of Helipad Ref. A5 Direction From Landing Area N SE SE SE Direction From Landing Area above Distance From Landing Area 225 9.51 17.8 31.8 Distance From Landing Area D. Landing Area Data 1. Airport, Seaplane Base, or Flightpark Magnetic Bearing of Runway (s) or Sealane Length of Runway (s) or Sealane (s) in Feet Width of Runway (s) or Sealane (s) in Feet Type of Runway Surface (Concrete, Asphalt, Turf, Etc) 2. Heliport Dimensions of Final Approach and Take off Area (FATO) in Feet Dimensions of Touchdown and Lift -Off Area (TLOF) in Feet Magnetic Direction of Ingress/Egress Routes Type of Surface (Turf, concrete, rooftop, etc.) See Site Plan All less than 30 ft. 3. All Landing Areas 7. Elevation 0 Establishment or change to raffic pattern (Describe on reverse 3. Distance and Direction From Associated City or Town Miles 9 Direction N Construe ion Dates To Begin/Began Est. Completion Existing (if any) Rwy #1 Rwy #2 Rwy #3 Rwy Proposed 200 feet 25 foot diameter 090°E Concrete 270°W Rwy Rwy Description of Lighting (If any) amber , vertical , Direction of Prevailing Wind flush mounted West F. Operational Data 1. Estimated or Actual Number Based Aircraft Airport, Flightpark, Seaplane base Present (If est. indicate by letter "E") Multi -engine Single-engine Glider G. Other Considerations Identification See Site Plan Direction From Landing Area Distance From Landing Area Anticipated 5 Years Hence 2. Average Number Monthly Landings Anticipated 5 Years Hence Jet Present (If est. indicate by letter "E') Turboprop Prop 3. Are IFR Procedures For The Airport Anticipated ® No 0 Yes Within Years Heliport Under 3500 lbs. MGW Over 3500 lbs. MGW Helicopter Ultralight Glider Present Of est. indicate by letter "E") E 1 E 1 Present (If est. indicate by letter "E) 25 Type Navaid: H. Application for Airport Licensing 0 Has Been Made 0 Not Required $ County 0 Will Be Made 0 State n Municipal Authority I. CERTIFICATION: / hereby certify that all of he above s atemen s made by me are true and complete to the best of my knowledge. Name, title (and address if different than above) of person filing Signature (in ink) this notice — type or print FAA Form 7480-1 (1-93) Supersedes Previous Edition Date of Signature Central Region Electronic Revision per ACE -625 (March, 2000) Anticipated 5 Years Hence 1 1 Anticipated 5 Years Hence 25 Telephone No. ,Precede with area code) (970) 559-0780 Exhibit J 1 • ,-, t \ :-.).., ...... , 't • ".;, 7/, / , ;1: • ,..; I; , : - • a 1 /.. • V U.S. Department of Transportation Federal Aviation Administration January 9, 2006 Mr. Timothy A. Thulson Balcomb & Green, P.C. Attorneys at Law P.O. Drawer 790 818 Colorado Avenue 81602 Glenwood Springs, Colorado Dear Mr. Thulson: has been Carbondale, Colorado, Heliport, (FAA) has n0 objection. private use Turnbera Heliport, on analysis of the proposed Federal Aviation Administration communication requires no orieatoo ruction free. An airspace should this study, the with the comm completed. Based on established and maintained e Ingress/egress routes should be development involved in Operations should be conducted in accordance aircraft and he Op class of airspa royal of the physical ace by al overlaying approval or disapproval use of airspace can FAA app determination does not relieveher does not m respect to the safe and This determ or state or This determination with resp on the ground or regulations, It is a determination local law, ordinance the proposal. of persons and property any respect to thens rsafeesponsibility for compliance the with resp would have proponent of resp as the effect the proposal afters such ould have on the Federal regulations.the FAA has considered matters the effects it w have on the safety or determination, o f neighboring airports, effects it would ha objects (on file this determ traffic patterns am of the FAA, man-made In making planned or proposed the proposal. on the existing or p and projected program airspace structure pr03 and the effects tlaffe ted area would have on existing on the at objects within the environs can only be persons and property natural obj heliport It is up to you, AA and known .e rights. with the FAA) o f structures near a heliport. u ition The property local zoning ordinances or acquisition A cannot prevent the construction The FA through such means as determination. protected protection. this determ caner, to provide for this p proposal was made in reaching from an environmental as the o aspects of the prop ental asp royal of the proposal ational Environmental Policy Act of No evaluation of the environm i our heliport does of to be construed as approval Therefore, this determination? 91 ; 90 able airspace, f Y standpoint under Public La users of the navigable l unfair restrictions on o this letter, this determination n 1 006 In order to avoid placing any months of the datef JAN 2 4 2. not become operational within 12 COUNT you request a time extension. GARFIELp�NNiNG BUILDING Northwest Mountain Region Colorado, Idaho, Montana Oregon, Utah, Washington, Wyoming Ap irs ace Case No 2005-ANM-508 NRA• Denver Airports District Office 224 26805 East 68th Ave., Denver, CO 80249-6361 (303) 342-1251 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Turnberry Ranch, LLC (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for conditional use/aircraft landing strip/helipad (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Signature Date: Print Name Mailing Address: c/o Balcomb & Green, P.C. 818 Colorado Ave Glenwood Springs CO 81601 Page 4 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for subdivision and land use applications is attached. GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. TYPE OF PROCEDURE BASE FEE Sketch Plan $325 Preliminary Plan $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey Final Plat $200 Amended Plat $100 Exemption from the Definition of Subdivision (SB -35) $300 Land Use Permits (Special Use/Conditional Use Permits) • Administrative/no public hearing $250 • Board Public Hearing only $400 • Planning Commission and Board review & hearing $525 Zoning Amendments • Zone District map amendment $450 • Zone District text amendment $300 • Zone District map & text amendment $500 • PUD Zone District & Text Amendment $500 • PUD Zone District Text Amendment $500 Board of Adjustment • Variance $250 ■ Interpretation $250 Planning Staff Hourly Rate • Planning Director $50.50 ■ Senior Planner $40.50 • Planning Technician $33.75 • Secretary $30 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) Mylar Recording Fee $11 —1' page $10 each additional page Page 2 The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. 9. This fee structure shall be revised annually as part of the County budget hearing process. Page 3 Garfield County Assessor Property Search Page 1 of 3 Garfield County Colorado Assessor & Treasurer Property Information Data Updated Quarterly with the last update released on 10/01/2004 Tax information is updated as of noon each Friday and will be available for viewing by 5 pm the following Monday. Search > Results > Detail Get Map ti Owner Property Name: Turnberry Ranch, LIc Type: Primary Address: C/o Turnberry Associates 19501 Biscayne Boulevard #400 North Miami Beach, FL 33180-2896 Address: 008076 113 County Rd Carbondale, CO Account number: R050242 Parcel number: 239108200203 Sub -division: Condo: Neighborhood: 112012.5 Area: 011 Legal: SECT,TWN,RNG:8-7-87 DESC: TR IN S2SW & SWSE OF SEC 5 & N2NW & NWNE OF SEC 8. PRE:R050235 Total Actual Value: $1,417,440.00 2003 taxes payable in $6,801.72 2004: ` Land Amount Paid: $6,801.72 Actual Value: $160.00 Land size: Square feet: http://www.mitchandco.com/realestate/garfield/propertyDisplay.cfm?AccountNo=R050242 11/17/2004 Garfield County Assessor Property Search Page 2 of 3 Acres: 5.13 Actual Value: $8,880.00 Land size: Square feet: Acres: 39.30 :3uilding(s Type: Residential Actual Value: $1,337,000.00 Description: FARM/RANCH Actual year built: Jan 1 1995 12: Heated square feet: 5649 Bedrooms: 4.0 Bathrooms: 4.9000000000000004 Stories: 2 Architecture style: 2 -STORY Construction quality: EXCELLENT Type of heat: HT WTR RAD Roof structure: RIDGE FRME Roof cover: PREFAB MET Exterior wall: LOG Improvement(s) Actual Value: $3,330.00 Description: HOT TUB Actual Value: $1,430.00 Description: JACUZZI Actual Value: $15,410.00 Description: OPEN PORCH Actual Value: $470.00 Description: FRAME SHED AVG Actual Value: $13,140.00 Description: BARN (AVG) Actual Value: $9,850.00 Description: BARN (AVG) Actual Value: $9,500.00 Description: F/P-GOOD Actual Value: $11,400.00 Description: 2 -CAR GARG Actual Value: $5,930.00 http://www.mitchandco.com/realestate/garfield/propertyDisplay.cfm?AccountNo=R050242 11/17/2004 Garfield County Assessor Property Search Page 3 of 3 Description: BALCONY Actual Value: $830.00 Description: PATIO/CONC Actual Value: $110.00 Description: FRAME SHED AVG Copyright © 2003 Mitchell & Company, Inc. All Rights Reserved. http://www.mitchandco.com/realestate/garfield/propertyDisplay.cfm?AccountNo=R050242 11/17/2004 REPLY TO ATTENTION OF DEPARTMENT OFTHE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS 1325 J STREET SACRAMENTO, CALIFORNIA 95814-2922 September 1, 2004 Regulatory Branch (200275513) Messrs. Jeffery Soffer and Mario Romine Turnberry Ranch, LLC 19501 Biscane Boulevard, Suite 400 Aventura, Florida 33180 Dear Messrs. Soffer and Romine: We are responding to your May 10, 2004, request for a Department of the Army permit for the Turnberry Ranch Pond and your subsequent restoration project. This project involves activities, including discharges of dredged or fill material, in waters of the United States to authorize an impoundment and mitigation activities along impacted sections of Cattle Creek. This project site is located within Section 5, Township 7 South, Range 87 West, Latitude 39° 28' 9.47", Longitude 107° 8' 9.29", Garfield County, Colorado. Based on the information you provided, including the approved Settlement Agreement, the proposed activity is authorized by Nationwide General permit number 32. Your work must comply with the general terms and conditions listed on the enclosed Nationwide General Permit information sheets and the following special conditions: To ensure Settlement Agreement compliance, the document entitled Settlement Agreement, dated and approved August 2, 2004, is incorporated by reference as a condition of this authorization except as modified by the following special conditions: 1. To document pre and post -restoration project construction conditions, you shall submit post -restoration construction photos of the project site within 30 days after project completion. 2. You shall plant and maintain regionally appropriate native plants as presented within the approved Wetland Restoration Plan for the Turnberry Ranch property, dated November 20, 2003, by Beach Environmental, LLC. 3. You shall record with the Garfield County Clerk's Office the Declaration of Restrictions document dated May 10, 2004, and forward a recorded copy of the above-mentioned document to this office within 30 days after project completion. Exhibit A 4. You must sign and return the enclosed Compliance Certification to this office within 30 days after project completion. This verification is valid for two years from the date of this letter, or until the Nationwide General Permit is modified or expires, whichever comes first. The Nationwide General Permit is scheduled to expire on March 18, 2007. It is incumbent upon you to remain informed about changes to the Nationwide Permit Program and to ensure that all construction and contract personnel are familiar with the terms and conditions of this permit. Please refer to identification number 200275513 in correspondence concerning this project. If you have any questions, please contact Mr. Mark Gilfillan of this office, email Mark.A.Gilfillan@usace.army.mil or telephone 970-243-1199, extension 15. Sincerely, Susan Bachini Nall Acting Chief, Colorado/Gunnison Basin Regulatory Office 400 Rood Avenue, Room 142 Grand Junction, Colorado 81501-2563 Enclosures Copies furnished with and without enclosures: ,r. Mark Bean, Garfield County, 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 r. Gary Beach, Beach Environmental, LLC, 715 West Main Street, Aspen, Colorado 81611 Ms. Ramsey Kropf, Esq., Patrick, Miller & Kropf, P.C., 730 East Durant Avenue, Suite 200, Aspen, Colorado 81611 1111111111111111111111111111111111111111111111111111111 660100 09/20/2004 02:11P B1623 P897 M ALSDORF 1 of 7 R 36.00 D 0.00 GARFIELD COUNTY CO I, . INTROIDUCTI ON • This Settlement Agreement i.5 entered. into voluntarily by the U.S. Army Cotes of tnq.i,rlop 5acra,�ter1•ta District urnb"l (ituakcE" ). and.Turnberry, Ranch ,LLC erry. TurnbeI y awn oparates, .rad./or cont.rcld rail property located at 8076 County Road 113, Parcel 1 Carbondale, CO 81623 USA= and Turnberry dbni ss , that Tttrriherry ' hag . discharged' dredged and/or fill, pa.terid.1 at the stream bank on Cattle Creek where Turnberry. Ranch Pond. is.l.ocated 'Sate") in ViolAtion of Sect] aft 301. (a) Of the Clear• Water Act (tile "Act" Or "CWA." )., :33 t7, s.C•. 51311.(a)1 is that these actiVitielii were diocharglio of dredged or ti.a.l .m .tenial. into waters. ref the United- States without authorization under section 404 of the Act _ 33 tJ.S. C. 51344.- x�'i.a s .Settlem6mt Agreement directs • 211rnh .rry to undarta.ke C wf ied measures to c Z tet the adverse enVironmeltal impacts and habitat lasses c:;,cc rring 5.n waters of the Ul!i.ted.• States resulting hr'om the alleged unauthorized. activities: 11. JURISDICTION 1. The Government enters this $ettsemerit Agrees xit • under the authority .vested in. the District BIngineexs undtar the CWA implementing regulations. This authority allows the District Zngineer to establish initial corrective misasures to reduce or eliminate- ersvironmerata1 damage as a result az placement of unauthorized.. dredged and/or fill matesrial.. 33 C.F.R. 326.3(d) 2. Turnberry dgreea . not tb COAtest the =AC -R.' s -jurisdiction. •or authority to iter into this Settleient. Agx'eement, or the validity of any terms ar:d. conditions of this Settlement Agreelre_it_• Spy i `i cal ] y, TILT Prr _ agrees nOC to contest a cieG $wuin.ation by the Dian r i er Erig itleer , USRCE Sacramento District, pursuant to Paragraph VETT. as to the final preaervat ov.. and/or mitigation rrrc 3.zerr,ents W-th. which Turnberry must comply. TTT . .PARTIES BOUND ' 1. The provisi_oris of this Sett1®r.'rent -Agi.eamenc. shall aPPly to and bo bind^.ng upon the parties to this action, their officers, direc'toTs, agents, servants, errrployaes, successors, and assignees and arr,y pereon, firm, or corporation who ia, or will be, noting in =oncert or 1111111 11111 1111111 111 1111111 ill 1111111111 11111 11111111 660100 09/20/2004 02:11P B1623 P898 M ALSDORF 2 of 7 R 36.00 D 0.00 GARFIELD COUNTY CO participation with them, whether or not such person_ has notice o.f this Settlement Agreement, *The Settlement Agreement shall apply notwithstanding any claim or fact that any officer or employee of. Turnberry orTurnberry's transferee,. ransfgree,. has acted outside the scope of employment . 2. •iThe undersigned signatories certify. that they are authorized to execute this Settlemeint Agreement and legally and sushi parties., IV. 9TATL' M 1VT OF PURPOSt • The parties enter into this .Sectl ement Agreement to compensate for the alleg-ed environmental and habitat. losses caused by the allegedly unauthorized discharges of dredged or fill material to waters of the United States at the Turnberry Ranch Pond _ site by implementing a . comprdhensive plan set forth' in paragraph VIII below of restoration, monitoring and preservation of aquatic. resources. V. FIIdDGS ux ' FAC'.' 1. Tiirnharry i9 r1QW and, at ll • times meationed. 'herein? is a legal Person, a` 2. Turnberry Owns ramal. property in the Cattle Creek drainage, 8076 ou t Koaa 113 consisting of approximately 45.130 acre, as -described above Parcel 1 in paragra h I. (.tbe Site) . 3. UACE aa$e.rts, and Turnberry denies, that sometime during the year 2002'. , Turnberry undertook ac tiVitias resulting in the discharge o f: dredged. an.di c .fill. materi.i to waters of the united. States on the Site, consisting of pond construction on 158 linear feet of *stream bank .4. US.ACE has estimated that the alleged activities resulted in adverse impacts to approxiM'ately 153 linear feet Of. waters Qf the United States at. the Site_ While Turnberry does not accept OSAct's cletermiria.tLDr, that its activities resulted iA the discharc.e ot; (dredged and/o.: fill mat~cx''_al to waters of the United States an the Site, far Purposes: of this Settlement Agreement and for decermirling the appropriate scope of preservation and restoration, and only for that purpose, the part±ea agree to adopt the USACE estimate that Turnberry • 'a act..vities resulted in the di scha.rge of dredgtd and/or fill material 111111111111111111 111 1111111 111 1111111 111 11111 1111 1111 660100 09/20/2004 02:11P 81623 P899 M ALSDORF 3 of 7 R 36.00 D 0.00 GARFIELD COUNTY CO • 158 linear • in waters that adversely affected feet . off CWA- regulated waters of the United States at the -Site. • 5. Turnberry did nct .apply for for reC ive a permit =.der s4Ction 404 •df the CWA to .discharge dredged �.nd/or fill material to the CWA-regulated waters a tris Uzzited States at the Site prior Lo conducting the activities alleged by the TSACE to constitute an unauthorized. discharge of dredged and/or fill material to water's of the united Statea on the Site.. DTZ . CONCLUS:ONS OF LAW ArW fETEFMINkrIOVS Secti.pri .301(a) of the CWA, 33 U.S.C. N 1.11(E1)1 piohibits the discharge of any -pollutant by any persori. into a "navi5eb1e: water. " or "water of the United States, except in compliance with among rather t'iinus at permit .i s sued under. the CWA .. 2 , Turnberry - is a''Ipet'son" as defined by Section 502 (5) of the. CWA. 33 U.S.C. 61362(5)- 3. .1362(5).. 3, i7redged an.dtor fill material was placedor: tb.e, Site in "waters of the United States" as defined under federal regulations implementing ,Sectiog 502 (7) of the CWA., • '33 U.S.C. S 1362(7)-.33 CPF,R. S 3283. ti 4. The dredged. anal/or fill materials described in Section V abblie are "pollutants" under s ctiorx 502 (6) 'of the Cw:A., 33 U.S.c. s1,362(6) . 5. Placing pollutants :within the waters of the LT_.S . at the Site is. a "discharge of po, l.utants" =ndez • Section. 502 (.12) of the CWA, 33 U.-S.C. § 1352 ( 12 ) 6. By discharging pollutants ;,nto waters of the U.S. without- a permit. uncle -,7 the CWA, Turnberry has yic fated Section 301 (a.) of the CWA, 33 U.S.C, § 1311. 7. Turnberry denies ec5.ch and every conclusion of zw and determinzation set forth in paragraphs 1 through 6 above. VTI. CUSSA.T1ON OF UNXTTUHORI?ED DISCKARGES Turnberry sh5.11 not discharcgG pollutants into any waters of the United Sta.tes except in compliance with an 1111111111111111111111111111111111111111111111111111111 660100 09/20/2004 02:11P 61623 P900 M ALSDORF 4 of 7 R 36.00 D 0.00 GARFIELD COUNTY CO appropriate altr brig ,cion uncle= the CWA, Prior to djsnarginr dredged and/or fill material ii-ito areas that mar conititu.t-e wata.rs of the. U.S.,Turnberry roti fy OSACOf the planned activity. C f .USXCE. de termines that the proposed .activity requ.irQ 6,u.k.hariaatian uncle: the 'CVA, . Turnberry, shall of ain tha required authari_zat.ion. prior to engaging in the activity. clothing in thio pa.ragraph • shad. limitTamhomy__'e rights to contest a determirllati on. by USAGE that particular activity require$ au.t otiza,ti,ori. VIII, • WORK TO ISE PERRD MED 1' . To mitigate for tha environmental impacts resulting from ' t se unauthorized discharge o f dredged and/or fill Material, Turnberry •, _ shrillm• • e i .. f 1- Creek by repairing stream bank` ,along Catt,Le Creek that run through the portion of the Ranch where the pond is located. 2. Please see -November 20, 2003 letter from BeachEnvironmental, LLC, and Turnberry Ranch Wetland Restoration Plan, attached as Exhibit "A1° hereto. 3 4. B. The wcm described in paragraphs vZ=2 ( 1) - (2 ) be cbmaleted in accordance with the approved XitigationAn - Plea attached as ”` tzl this. Agreement • 6. Turnberry shall 111011itor tb.B succi4sin cif the. wrk. d .Saribad in 1aara g.r4l h V.�1/ ) - (2,) for a periQd a t two (2) years in. accordance with criteria, established in .the approved, Mitigation Plan attached as Exhibit ""A" to tali.s Afire=en.t-The monitoring period shall commence upon written notice to t e. usage from Turnberry that mitigation work is. complete, 7 _Turnberry : Shall complete the above described wc.)r)c.. items •wa.tt;in '180 dayq cf the effective dn.te of thie Settlement Agreement IX , DE,5IGNkTED PROJECT MXLVkGERS 7 . Tri pcxtL.eN have designated their respective project man.agere as to11Qw0: For the LTSACE : b lisA. Gilfillan 1111111111111111111111111111111111111111111111111111111 660100 09/20/2004 02:11P 61623 P901 M ALSDORF 5 of 7 R 36.00 D 0.00 GARFIELD COUNTY CO For Turnberry Beach Environmental, LLC 71EyWI.'Mainch Aspen, -CO 81611 .970-925-3475 phone With Notice To: Ramsey L. Kropf,' Esq. 9ibrcknuranler $ Kropf, P.C.. Aspen, CO.8161Ve., Suite 200 2, The ptOj ect ma.n.agars shall be responsible cr overseeing the implementation. of this Settlement .22greer r t and receiving communications, which. include, but are not limAted to 6.11 documents, reports, caxruY:erlts, approval, and ot•.'hcz ecrreSpondenoe submitted or exchanged under this Settlement A.greemant . X. • 14.IGHT QF EUTAY 1. LIMB and/or their employees, contractors, consultants, and attorneys shall have. the authority' to enter Turnberry 's site during reasonable hours upon • presentation of credentials, for the purposes of: a. monitoring the progress of activitienei required 'by this Settlement Agreement; . .b. verifying any d.ata.'or information subma ter3, ta. the USAGE in. accordance with the terms of the Settlement Agreement; o , obtaining photographs and videotape for the purposes of determining compliange with thiS- • Settlement Agreement; d. , asDe5SingTurnberry is o pliar_ee with. this Settlement Agreemnent. 2. This provision is no we ' aff®cts- Or reduces any rights of entry pr inapcction that tile United States has under any applicable Federal or state law or regulation-, XI. PERMIT OBLIGATIONS 1, This settlement Agreement does not constitute authorization or approval of the construction of any . physical Btructare or facilities, or the modification of any wat.er& of the Uri ted States, Approval - f cr arty such construction or modification shall be obtained. as required by any avplicaiole Federal, state ot local 1. twe, or regulations, 11111111111111111) 1111111 1111111111 11111 11111111 660100 09/20/2004 02:11P B1623 P902 M ALSDORF 6 of 7 R 36.00 D 0.00 GARFIELD COUNTY CO z. 'This Settlement Agreement is .not and shall not he interpreted to be a permit, gar .modi,ficatioa of do e ,isting permit, issutd pursuant to Section 404 of the Clean Wager Ar.t, 33 U.S..C, § 1344, oL` Section 10 of the Rivers a.r_d garbnl^s Act, 13 0.".C. § 401, Nor does this Settlement Agreement relieve Turnberry of any obligation to apply for, Obtain and: comply with the requirements of any new or existing Section 404 permit, Section iO permit, or with any other federal, state, or local law or regulation. KIS.. TWILING OF STATUTE or L tT iTIQNS • OShcv and Turnberry agree .:that the tine 'from the • effective ective date of this Agreement plus 'two years thereafter, will not be included in. cal ul.a.ting any s tato w e t E limitations that right be e pplicab1e to the. a. l ager.. . statutory viol aticn(s) .described above. Turnberry. agrees not to assert, plead =raise- in any fashion tri behalf c any party, .t,Nether by asisvrer, motion, or otherwise, any defense or avoi ..nce based on the running of any statuta of limitations that may apply. during that period a try defense or avoidance based on lathes or other principle concerning. the timeliness of commencing a civil action, based on the faiZurs of the Ilnitred .States to file - . t:s complaint daring that period, XIII. NON -WAIVER FROVISION$ 1. This Settlement Agreement in . no way affects or relieve$ Turnberry of the responthib_lity to • comply with s.rzy Federal, State, or local law or regulation. '2, The United States . does not waive any.rights or • remedies available to it for any vi.ol.a.tion bYTuriiberry of .Federal or State laws., regttl.ations, o: permit conditions o :her hon. those 'covered by thio •Setrlemert. Agreement . 3 , Turnberry dries not waive any rights or revnerli-es available to it under Fedaral Stat€'laws , or resTul4tions other t.?.an those ouvermd by this Settlement Agreement. 4. The parties agree that it ie• the responsibility of Turnberry to- achl eve and maintain complete compliance with all applicable Federal and State laws, reg14.e,tions and permits",. Nothing herein shall bt construed to l.ixnit the authority of the United St.ate6 to act under sections 30B and 504 of the Act, 33 U.S,C, ss5 1318 and 1364. 1111111111111111111111111111111111111111111111111111111 660100 09/20/2004 02:11P B1623 P903 M ALSDORF -- 7 of 7 R 36.00 D 0.00 GARFIELD COUNTY CO 5. This Sett1e=ent agreement Shall in no way affect the rights of USAGE 'r the United States against any person not a party hereto_ 6, This Settlement .Agreement shall not be aami s s ible in any court, nor its terms or the fact thac such was. entered into by the parties h9reta ccnstit to ev,den.c1 of any probative value of statute, regulation, or permit violation) it Ls intended to accomplish a resolution of disputed facts and Ci.a.irns . EFFECTIVE DATE This SGrtlamaat Ac regiment shall become effective siTaature by all parties'. Date nate 5-)D zoo 9 fi *If Tunberry Ranch, LLC Jeffrey Soffer, Manager upon Ronald N. Light Colonel, Corps of Engineers District Engineer EXHIBIT I ADJACENT WITHIN 300 FEET) PROPERTY OWNERS Turnberry Ranch, LLC c/o Turnberry Associates 19501 Biscayne Boulevard, #400 North Miami Beach, FL 33180-2896 Aspen Blue Sky Holdings, LLC P.O. Box 8238 Aspen, CO 81612 Pleasant Valley Ranch, LLC c/o Gary McNulty 7747 County Road 100 Carbondale, CO 81623-8818 SLC -Laurance, LLC c/o Snowmass Land Company 0021 Burnt Mountain Circle P.O. Box 6119 Snowmass Village, CO 81615 Ranch at Coulter Creek Homeowners Association c/o Snowmass Land Company 0021 Burnt Mountain Circle P.O. Box 6119 CO 81615 Snowmass Village, Freeman Cattle Creek, LLLP 7747 County Road 100 Carbondale, CO 81623-8818 Quarter Circle 8, LLLP 7747 County Road6 100 8818 Carbondale, CO B Bureau of Land Management P.O. Box 1009 81602-1009 Glenwood Springs, CO Coulter Creek Valley Ranch, Ltd. P.O. Box 1714 Aspen, CO 81612-1714 Upper Cattle Creek Schoolhouse Assoc. Attn. Gary MR lty 7747 County Road 100 Carbondale, CO 81623-8818 Thomas D. and Todla Jean Hobson, HI 52 Barclay Road London Sw6 1 eh, UK Steven and Elizabeth Rane P.O. Box 13g0 Frisco, CO 80443-1301 Robert R. and Michele T. Bacon 7209 100 Road Carbondale, CO 81623 Sydney Rowan Trust Agreement c/o Texas Commerce Bank, Trustee 3903 Bellaire Blvd. Houston, TX 5 Kenneth S. and Christine d h1G Shotwell S. Soule Bennett G. a 6065 S. Jasmine Street 80111 Englewood, CO Dwight E. and Elizabeth Bingham Johns P.O. Box 1081 Basalt, CO 81621-1022 Connie and Binkley Randy Leonard 647 County Road 170 Carbondale, CO 81623-9612 David G. and Susan M.B. Faulkner 745 Panarama Drive 623 Carbondale, CO Arthur and Maureen E. Rothman 721 County Road 170 Carbondale, CO 81623-9612 Steven Atchison Joni L. Goodwin 20 Lazy Glen Snowmass, CO 81654 W. Douglas and Alice Sjoberg Davis 900 County Road 170 Carbondale, CO 81623-9676 Christopher G. Gilberti P.O. Box 243613 Boynton Beach, FL 33424 Jack and Doris O'Neill 331 Buck Point Road Carbondale, CO 81623-9620 Lance James and Mary E. Burwell P.O. Box 5385 Snowmass Village, CO 81615-5385 Patricia Hutt and Donald C. Heydenberk 429 Buck Point Road Carbondale, CO 81623-9620 Colorado Country Panorama Est. P.O. Box 1730 Basalt, CO 81621-1730 Hans Eric Higgins -Brucker Corin T. Brucker P.O. Box 3304 Aspen, CO 81612-3304 Nancy J. Kuhn Ted P. Diamandopoulos 229 Light Hill Road Snowmass, CO 81654-9217 Scott Carter P.O. Box 9263 Aspen, CO 81612-9263 Exhibit 1 Page 2 of 3 Scott M. and Patty A. Henke 0668 County Road 170 Carbondale, CO 81623 Anthony M. Baran Darlene K. Raymond -Baran 746 County Road 170 Carbondale, CO 81623-9676 Theodora Hill 921 Dauphine Street New Orleans, LA 70016 Laura Whittemore Wolf 0906 Panorama Drive Carbondale, CO 81623 Gary Wayne Kalkman 131 Buck Point Road Carbondale, CO 81623-8867 Grady A. and Cynthia K. Olson 180 Buck Point Road Carbondale, CO 81623 Donna Alane Atchison 26 Estates Drive Santa Fe, NM 87506 Kim M. Olsen Karen L. Lyon 2627 Bradway Blvd. Bloomfield, MI 48301-2705 Susan L. and Harry B. Burr, III P.O. Box 1272 Basalt, CO 81621-1272 Henry V. Borkowski 1483 Panorama Drive Carbondale, CO 81623-9695 James E. and Barbara D. Foster 1521 Panorama Drive Carbondale, CO 81623-9695 Kim Stoddard Gerringer 0880 Buck Point Road Carbondale, CO 81623 Thomas and Patricelli Alison Norrdin 79 Hartford Road Simsbury, CT 06070 Edward C. and Judy H. Brown 0045 Basalt Mountain Drive Carbondale, CO 81623 MINERAL OWNERS Turnberry Ranch, LLC c/o Turnberry Associates 19501 Biscayne Boulevard, #400 North Miami Beach, FL 33180-2896 Exhibit I Page 3 of 3 Aspen Blue Sky Holdings, LLC P.O. Box 8238 Aspen, CO 81612 'JUL 16.2004 3:51PM OATES KNEZEVICH GARDENSWARTZ O. 6604P. 45 Land Title Guarantee Company Date: July 16, 2004 TURNBERRY ItANCIi, LLC, A FLORIDA LIMITED LIABILITY COMPANY OATES, KNEZEVICH & GARDENSWARTZ, P.C. 533 EAST HOPKINS AVE, 3RD FLOOR ASPEN, CO 81611 Enclosed please find the title insurance policy for your property located at The following endorsements are included in this policy: Deletion of Standard Exception(s) Please review this policy in its entirety. In the event that you find any discrepancy, or if you have any questions regarding your final title policy, you may contact Title Department Phone: 970-945-2610 .Fax: 970-9454784 Please refer to our Order No. GTF240042 Should you decide to sell the property described in this policy, or if you are required to purchase a new title commitment for mortgage pm -poses, you may be entitled to a credit toward future title insurance premiums. Land Title Guarantee Company will retain a copy of this policy so we will be able to provide future products and services to you quickly and efficiently. Thank you for giving us the opporntuity to serve you. Sincerely, Land Title Guarantee Company i Exhibit H JUL 16.2004 3:35PM DATES KNEZEVICH GARDENSWARTZ Na 6604 P. 8 Land Title Guarantee Company Date: July 16, 2004 BANK OI' AMERICA, N.A. ATTN: MRS. LAURA GUERRERO 333 CLAY STREET, SUITE 3600 HOUSTON, TEXAS 77002 Re. Your Ref. Number Enclosed please find your Land Title Guarantee Company loan policy insuring the property at 8076 COUNTY ROAD 113 _ and owned by TURNBERRY RANCH LLC, A FLORIDA LIMITED LIABILITY COMPANY The following endorsements are included in this policy: Endorsement 100 Endorsement Alta 8.1 Endorsement 110.7 Endorsement 100.29 Endorsement 103.1 Please review this policy hi its entirety. In the event that you find any discrepancy, or if you have any questions or continents regarding your policy, you may contact Title Department Phone; 970-945-2610 Fax: 970-945-4784 Please refer to our Order No_ GW237882 We at Land Title Guarantee Company believe in delivering quality products that meet your needs, and our goal is to provide the most efficient, reliable service in the industry. Thank you for giving us the opportunity to serve you! Sincerely, Land Title Guarantee Company JUL. 16.2004 3:35PM OATES KNEZEVICN GARDENSWARTZ NO. 6604 P. 9 Fr.,.., AT./MIT LTG Policy No. LTHJ237882 Our Order No. GW237882 Amount $3,315,000.00 Schedule A Property Address: 8076 COUNTY ROAD 113 1. Policy Date May 16, 2002 at 5:00 P.M. 2. Name of Insured: BANK OF AMERICA, N.A., ITS SUCCESSORS AND/OR ASSIGNS 3. The estate or interest in the land described or referred to in this Schedule and which is covered by this policy is: A Fee Simple 4. Title to the estate or Interest covered by this policy at the date hereof is vested in: TURNBERRY RANCH, LLC, A FLORIDA LIMITED LIABILTTY COMPANY 5. The mortgage, herein referred to as the insured mortgage, and the assignments thereof, if any are described as follows: DELT) OF TRUST DATED MAY 15, 2002, FROM TURNBERRY RAN CI#, LLC, A FLORIDA LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OP BANK OE AMERICA, N.A. TO SECURE THE SUM OF $3,315,000.00 RECORDED MAY 16, 2002, IN BOOK 1355 AT PAGE 507 UNDER RECEPTION NO. 603578_ 6. The land referred to in this policy is described as follows: SEB ATTACHED PAGE(S) FOR LEGAL DESCRIPTION This Policy Valid only if Schedule B is attached. Land Title Guarantee Company Representing Old Republic National Thle Insurance Company JUL 16.2004 3:35PM OATES KNEZEVICH GARDENSWARTZ N0,6604 P. 10 Our Order No. GW237882 PARCH 1 LTG Policy No. LTH3237882 EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE S1/2SW1/4 AND THE SW1/4SE1/4 OF SECTION 5 AND THE NI/2NW1/4 AND THE NW1/4NE1/4 OF SECTION 8, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARC RT LYING SOUTHERLY AND EASTERLY OF COUNTY ROAD NO. 113, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5, A LAVA STONE IN PLACE; THENCE S 45 DEGREES 59' 58" E 1213.40 FEET TO A POINT ON TIIE EASTERLY RIGHT OF WAY OF SAID COUNTY ROAD NO 113, THE TRUE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY RIGHT OF WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 635.14 FEET AND A CENTRAL ANGLE OF 33 DEGREES 081 41" A DISTANCE OF 367.42 FEET (CHORD BEARS N 09 DEGREES 48' 51" E 362.32); THENCE CONTINUING ALONG SAID RIGHT OF WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 626.35 FEBT AND A CENTRAL .ANGLE OF 12 DEGREES 32' 05" A DISTANCE OF 137.18 FEEL' (CHORD BEARS N 00 DEGREES 29' 02" W 136.91 FEET); THENCE CONTINUING ALONG SAID RIGHT OF WAY ALONG THE ARC OF A CURVE TO THE LRFT HAVING A RADIUS OF 3987.03 NF.EE'1AND A CPNTRAL ANGLE OF 07 DEGREES 20' 29" A DISTANCE OF 510.18 FEET (CHORD BEARS N 02 DEGREES 07' 11" E 510.51 FEET); THENCE CONTINUING ALONG SAID RIGHT OF WAY N 01 DEGREES 33' 02" W 37.31 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 277.58 FEET AND A CENTRAL ANGLE OF 67 DEGREES 50' 36" A DISTANCE OF 328.68 FEET (CHORD BEARS N 32 DEGREES 22' 16" E 309.81 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1263.44 FEET AND A CENTRAL ANGLE OF 13 DEGREES 50' 05" A DISTANCE OF 307.28 FEET (CHORD BEARS N 73 DEGREES 15' 37" E 306.52 FEET); THENCE CONTINUING ALONG SAID RIGHT OF WAY N 80 DEGREES 13' 42" E 315.49 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY ALONG THE ARC OFA CURVE TO THE RIGHT HAVING A RADIUS OF 425.15 FEET AND A CENTRAL ANGLE OF 27 DEGREES 41' 59" A DISTANCE OF 205.54 FEET (CHORD BEARS S 85 DEGREES 55' 18" E 203.54 FEET); THENCE CONTINUING ALONG SAID RIGHT OF WAY ALONG THB ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 2411.04 FEET AND A CENTRAL ANGLE OF 07 DEGREES 46' 00" A DISTANCE OF 326.83 FEET (CHORD BEARS S 68 DEGREES 11' 19" E 326.58 FEET); THENCE LEAVING SAID RIGHT OF WAY S 01 DEGREES 08' 19" W 1326.70 FEET; THENCE S 72 DECREES 26' 32" W 603.88 FEET; THENCE ALONG THB ARC OF A CURVE TO THE RIGHT HAVINGA RADIUS OP 975.00 FST AND A CENTRAL. ANGLE OF 36 DEGREES 10' 12" A DISTANCE OE 615.50 FEET (CHORD BEARS N 89 DEGREES 28' 22" W 605.33 FEET); THENCE N 37 DEGREES 16' 06" W 243.76 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: A PARCEL. OF LAND SITUATED IN THE S1/2/SW1/4 AND THE SW1/4SE1/4 OF SECTION 5 AND THE N1/2NW1/4 AND THE NW1/4/iE1/4 OF SECTION 8, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OP COLORADO, SAID PARCEL LYING SOUTHERLY AND EASTERLY OP COUNTY ROAD NO. 113, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5, A LAVA STONE IN PLACE; THENCE N 78 DEGREES 10' 56" E 2276.11 FEET TO A POINT ON THE EASTERLY 'JUL 16.2004 3:36PM OATES KNEZEVICH GARDENSWARTZ NO.6604 N. 11 Our Order No. GW237882 LTG Policy No. LT1237882 EXHIBIT "A" LEGAL DESCRIPTION RIGHT-OF-WAY OF SAID COUNTY ROAD NO. 113, THE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY N 64, 19.78 PEET; THENCE CONTINUING ALONG SAID RIGHT--OP-WAY ALONG THE ARC OP A CURVE TO THE LEFT HAVING A RADIUS OF 368.46 FEET AND A CENTRAL. ANGLE OF 42 DEGREES 22' 09" A DISTANCE OP 272.47 PEET (CHORD BEARS S 85 DEGREES 29' 22" E 266.30 FET); THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2740.50 FEET AND A CENTRAL ANGLE OF 05 DEGREES 32' 29" A DISTANCE OF 265.05 FEET (CHORD BEARS N 70 DEGREES 33' 19" E 264.95 PEET); THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OP 987.93 FEET AND A CENTRAL ANGLE OF 12 DEGREES 42' 54" A DISTANCE OF 219.24 FEET (CHORD BEARS N 74 DEGREES 08' 32" E 218.79 FEET); THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N 80 DEGREES 29' 58" E 77.70 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OP 2497.69 FEET AND A CENTRAL ANGLE OP 22' 20" A DISTANCE OF 190.60 FEET (CHORD BEARS N 78 190.55 FEET); THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 933.37 FEET AND A CENTRAL ANGLE OP 11 DEGREES 10' 09" A DISTANCE OF 181.95 FEET (CHORD BEARS N 81 DEGREES 42' 42" E 181.66 PEET); THENCE CONTINUING ALONG SAID RIGHT -OP -WAY N 87 DEGREES 17' 48" E 183.88 PERT TO A POINT ON THE EASTERLY T INE OF CATTLE CREEK RANCH; THENCE S 00 DEGREES 16' 50" E ALONG SAID EASTERLY LINE AND EASTERLY LINE EXTENDED 869.17 DEET; THENCE S 65 DEGREES 40' 39" W 196.02 PEET; THENCE ALONG THE ARC OF A CURVE TO THE I.RFT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 48 DEGREES 25' 10" A DISTANCE OF 169.02 FEET (CHORD BEARS S 41 DEGREES 16' 11" W 164.03 FEET); THENCE S 17 DEGREES 03' 36" W 215.24 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 375.00 FEET AND A CENTRAL ANGLE OF 14' 06" A DISTANCE OP 256.79 PET (CHORD BEARS S 36, 251.80 rET); THENCE S 56 DEGREES 17' 42" W 14.03 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OP 274.99 PEET AND A CENTRAL ANGLE OF 35 DEGREES 28' 43" A DISTANCE OP 170.28 FEET (CHORD BEARS 8 74 DEGREES 02' 04" W 167.57 FEET); THENCE N 88 DEGREES 13' 35" W 620.22 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LFET HAVING A RADIUS OF 325.00 FEET AND A CENTRAL ANGLE OF 19 DEGREES 19' 53" A DISTANCE OF 109.65 FEET (CHORD BEARS S 82 DEGREES 06' 29" W 109.15 FEET); THENCE N 01 DEGREES 08' 19" E 1326.70 FEET TO THE POINT OP BEGINNING. COUNTY OF GARFIELD STATE OP COLORADO JUL. 16. 2004 3:37PM OATES KNEZEVICH GARDENSWARTZ NO. 6604 P. 12 Form WORT Our Order No. GW237882 LTG Policy No. LTHJ237882 Schedule )l; - I This policy does not insure against loss or danmge by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records, 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records 4. Any lien, or right to a lien, for services, labor, or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. TAXES FOR 2002 AND SUBSEQUENT YEARS ONLY, NOT YET DUE AND PAYABLE. 6. RIGHT O1' PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 20, 1895, IN 1300K 12 AT PAGE 377, RECORDED OCTOBER 31, 1922 IN BOOK 112 AT PAGE 552 AND RECORDED OCTOBER 31, 1922 AND RECORDED OCTOBER 31, 1922 IN BOOK 112 AT PAGE 553 7. RIGHT OP WAY FOR DITCHES OR CANALS CONS 1'RUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 21, 1895 IN BOOK 12 AT PAGE 377, RECORDED OCTOBER 31, 1922 IN BOOK 12 AT PAGE 552 AND RECORDED OCTOBER 31, 1922 IN BOOK 112 AT PAGE 553 8. UNDIVIDED FIFTY PERCENT ROYALTY ON ALL OIL, GAS AND OTHER MINERALS THAT MAY BE PRODUCED AND SAVED FROM SUBJECT PROPERTY AS RP—SERVED IN INSTRUMENT RECORDED OCTOBER 8, 1968 IN BOOK 397 AT PAGE 183. 9. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO TILE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OP THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS, AS CONTAINED IN INSTRUMENT RECORDED JANUARY 13, 1994, IN BOOK 889 AT PAGE 704_ 10. EASEMENTS AND RIGHTS OF WAY AS GRANTED TO HOLY CROSS EI.PCTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED FEBRUARY 24, 1982 IN BOOK 593 AT PAGE 494. JUL 16.2004 3:37PM OATES KNEZEVICH GARDENSWARTZ NO.6604 P. 13 Form AL/ORT GTG Policy No. LTBJ237882 Our Order No. GW237882 Schedule B - I 11. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED APRIL 29, 1994 IN BOOK 900 AT PAGE 668. 12. RIGHT OP WAY POR THE UNINTERRUPTED FLOW OP CATTLE CREEK. 13. UTILITY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED JULY 05, 1994, IN BOOK 907 AT PAGE 737. 14. UTILITY BASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED NOVEMBER 14, 1994, IN BOOK 922 AT PAGE 263. 15. TERMS, CONDITIONS AND PROVISIONS OF CONTRACT FOR FJ.PCTRIC SERVICE RECORDED NOVEMBER 14, 1994 IN BOOK 922 AT PAGE 303- 16. 03- 16. EASEMENTS, RIGHTS OP WAY AND OTHER MATTERS AS SHOWN ON IMPROVEMENT SURVEYS PREPARED BY HIGH COUNTRY ENGINEERING, INC. DATED JULY 26, 1999 AS FILE 99678-01 AND DATLI) FEBRUARY 2, 2000 AS FILE 605-01. NOTICE OF CONTRACT AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED MAY 16, 2002, IN BOOK 1355 AT PAGE 547. AGREEMENT AGREEMENT IN CONNECTION WITH SAID DELI) OP TRUST WAS RECORDED MAY 16, 2002, IN BOOK 1355 AT PAGE 537. JUL. 16.2004 3:38PM OATES KNEZEVICH GARDENSWART2 NO. 6604 P. 14 1 Form AL/ORT LTC Policy No. LTHJ237882 Our Order No. GW237882 Schedule B II In addition to the matters set forth in part I of this Schedule, the tide to the estate or interest in the land described or referred to in Schedule A is subject to the following matters, if any be shown, but the Company insures that the lien oz charge of the insured mortgage upon said estate or interest is prior to suck matters. NONE JUL 16.2004 3:38PM OATES KNEZEVICN GARDENSWARTZ NO.6604 P. 15 LAND TITLE GUARANTEE COMPANY Case CW2.37882 Policy LTH7237882 Loan # Property Address 8076 CQQNTY ROAD 113 ENDORSEMENT 10 0 Owner TORNBERRY RANCI!, LLC, A FLORIDA LIMITED LIABILITY COMPANY The Company hereby insures against loss which said insured shall sustain by reason of the following matters: 2. Any incorrectness in the assurance which the Company hereby gives: (a) That there are no covenants, conditions, or restrictions under which the lien of the mortgage or deed of trust referred to in Schedule A can he cut off, subordinated, or otherwise impaired; (b) That, except as shown in Schedule B, there are no present violations on said land of any enforceable covenants, conditions, or restrictions; (c) That, except as shown in Schedule B, there are no encroachments of buildings, structures, or improvements located on said /and, onto adjoining lands, nor any encroachments onto said land of buildings, structures, or improvements located on adjoining lands. 2• Any future violations on said land of any covenants, conditions, or restrictions occurring prior to acquisition of title to said estate or interest by the insured, provided such violations result in loss or impairment of the lien of the mortgage or deed or trust referred to .in Schedule A or result in loss of the title to said estate or interest if the insured shall acquire such title in satisfaction of the indebtedness secured by such mortgage or deed of trust. 3. Damage to existing improvements which are located or encroach upon that portion of the land subject to any easement shown in Schedule B, which damage results from the exercise of the right to use or maintain such easement for the purposes for which the same was granted or reserved_ 4. Any final court order or judgment requiring removal from any land adjoining said land of any encroachment shown in Schedule B. Whenever in this endorsement any or all of the words "covenants, conditions or restrictions" appear, they shall not be deemed to refer to or include the terms, covenants and conditions contained in any lease referred to in Schedule A. The total liability of the Company under said Policy and any endorsements therein shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the conditions and stipulations thereof to pay. This endorsement is made a part of said Policy as of the date thereof and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Nothing herein contained shall be construed as extending or changing the effective date of the aforesaid policy or commitment, unless otherwise expressly stated. Representing Old Republic National Title Insurance Company JUL 16.2004 3:38PM OATES KNEZEVICH GARDENSWARTZ LAND TITLE GUARANTEE COMPANY Case Gw237882 Policy LT847237882 Loan # Property Address 8076 COUNTY ROAD 113 NO, 6604 P, 16 ENDORSEMENT ALTA 8.1 ENVIRONMENTAL LIEN PROTECTION Owner TURNBBRRY RANCH, LLC, A FLORIDA LIMITED LIABILITY COMPANY The insurance afforded by this endorsement is only effective if the land is used or is to be used primarily for residential purposes. The Company insures the insured against loss or damage sustained by reason of lack of priority of the lien of the insured mortgage over; (a) any environmental protection lien which, at Date of Policy, is recorded in those records established under state statuses at Date of Policy fox the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge, or fixed in the records of the clerk of the united States district court for the district in which the /and is located, except as set forth in Schedule B-1; or (b) any environmental protection lien provided for by any state statute in effect at Date of Policy, except environmental protection liens provided for by the following state statutes: None This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof_ Representing Old Republic National Title Insurance Company JUL 16.2004 3:39PM OATES KNEZEVICH GARDENSWARTZ Na 6604 P. 17 LAND TITLE GUARANTEE COMPANY Case CW237882 Policy ZTEJ237882 Loan # Property Address 8076 cot:mar ROAD 113 ENDORSEMENT 110.7 VARIABLE RATE MORTGAGE Owner TORNBERRY RANCB, LLC, A FLORIDA LIMITED LIABILITY COMPANY The Company hereby insures against loss or damage by reason of; (1) The invalidity or unenforceability of the lien of the insured mortgage resulting from the provisions therein which provide for changes in the rate of interest. (2) Loss of priority of the lien of the insured mortgage as security for the unpaid principal balance of the loan, together with interest as changed in accordance with the provisions of the insured mortgage, which loss of priority is caused by said changes in the rate of interest, "Changes in the rate of interest", as used in this endorsement, shall mean only those changes in the rate of interest calculated pursuant to the formula provided in the insured mortgage at Date of Policy. This endorsement does not insure against loss or damage based upon (a) usury, or (b) any consumer credit protection or truth in lending law. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto, except that the insurance afforded by this endorsement is not subject to Paragraph 3(d) of the Exclusions from Coverage. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Dated: May 15, 2002 Representing Old Republic National Title Insurance Company JUL 16.2004 3:39PM OATES KNEZEVICH GARDENSWARTZ NO.6604 P. 18 LAND TITLE GUARANTEE COMPANY ENDORSEMENT 100.29 Case GW237882 Policy LT&T237882 Loan # Property Address 8076 COUNTY ROAD 113 Owner TURNB$RRY RANCE, LLC, A FLORIDA LIMITED LIABILITY COMPANY The Company hereby insures against loss which the Insured shall sustain by reason of damage to existing improvements, including lawns, shrubbery or trees, resulting from the exercise of any right to use the surface of said land for the extraction or development Of the minerals excepted from the description of said land or shown as a reservation in Schedule B -I The total liability of the Company under said policy and any endorsements therein shall not exceed, 4n the aggregate, the face amount of said policy and costs which the Company is obligated under the Conditions and Stipulations thereof to pay. This endorsement is made a part of said policy and is subject to the Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Representing Old Republic National Title Insurance Company -JUL 16.2004 3:40PM OATES KNEZEVICH GARDENSWART2 Na 6604 P. 19 LAND TITLE GUARANTEE COMPANY ENDORSEMENT 103.1 Case GP237882 Policy LTHJ237882 Loan # Property Address 8076 COUNT ROAD 113 Owner TURNSLRRY RANCH, LLC, A FLORIDA LIMITRD LIABILITY COMPANY The Company hereby insures against loss or damage which the Insured shall sustain as a result of any exercise of the right of use or maintenance of the easement referred to in paragraph (s) SEVEN of Schedule B or through said land. The total liability of the Company under said policy and any endorsements therein shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the Conditions and Stipulations thereof to pay. This endorsement is made a part of said policy and is subject to the Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Representing Old Republic National Title Insurance Company JUL. 16. 2004 3:40PM OATES KNEZEVICH GARDENSWARTZ NO. 6604 P. 20 Land Title Guarantee Company Date: July 16, 2004 TURNBERRY RANCH, LLC, A FLORA LIMITED LIABILITY COMPANY 533 E. HOPKINS AVE ASPEN, CO 81611 Pnclosed please find the title insurance policy for your property located at The following endorsements are included in this policy: Deletion of Standard Exception(s) Please review this policy in its entirety. In the event that you find any discrepancy, or if you have any questions regarding your final tide policy, you. may contact Title Department Phone: 970-945-2610 lax: 970-945-4784 Please refer to our Order No. GTF24004I Should you decide to sell the property described in this policy, or if you are required to purchase a new title commitment for mortgage purposes, you may be entitled to a credit toward future title insurance premiums. Land Title Guarantee Company will retain a copy of this policy so we will be able to provide futuxe products and services to you quickly and efficiently. Thank you for giving us the opportunity to serve you. Sincerely, Land Title Guarantee Company