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Home My WebLink About1.10 Property Use & Easement AgreementLake Springs Ranch Subdivision Preliminary Plan/PUD Amendment December 2025 Exhibit 10 | Sod Farm Property Use and Easement Agreement PROPERTY USE AND EASEMENT AGREEMENT THIS PROPRETY USE AND EASEMENT AGREEMENT (the "Agreement") is dated effective l'V\Q\.y) lo , 2021 (the "Effective Date") by and among BERKELEY FAMILY LLLP ("Berkeley") ana PLUS LAZY K., LLC. ("PLK"). RECITALS A. Berkeley is the owner of certain real property in Garfield County described in Exhibit A, Berkeley Property"). B. The Berkeley Property is subject to substantial development approvals , conditions, and restrictions including those identified in Exhibit B (hereinafter, the "Land Use Conditions"). C. Part of the Berkeley Property is subject to the Fifth Amended and Restated Deed of Conservation Easement in Gross between Berkeley and the Aspen Valley Land Trust dated September 11 , 2019 recorded on September 20, 2019, with the Garfield County Clerk and Recorder at Rec. No . 925748 (hereinafter, the "Conservation Easement"). The Conservation Easement burdens the Sod Farm Property (defined below). D. Berkeley and Rivendell Distribution & Sod Farm, Inc. ("Rivendell") entered into an Agreement for Lease and Option to Purchase dated April 22, 2013. Pursuant to said Agreement, Rivendell has an option to purchase from Berkeley the property known as the "Sod Farm Property." The legal description for the Sod Fann Property is attached as Exhibit C. E. Ri vendell has exercised its option to purchase the Sod Farm Property and assigned all its rights under the Agreement for Lease and Option to PLK. F. Because the Sod Farm Property was part of the Berkeley Property during the land use proceedings that created and established the Land Use Conditions, the Sod Farm is subject to many aspects of the Land Use Conditions, as described therein. G. The Sod Farm Property will continue to be subject to many of the Land Use Conditions after title is transferred from Berkeley to PLK until and unless the Garfield County amends the Land Use Conditions to expressly exclude the Sod Farm Property from the Land Use Conditions. H. Because the Sod Farm Property will continue to be subject to many of the Land Use Conditions after title transfers to PLK., the parties have come to an agreement regarding various aspects of the parties' obligations under the Land Use Conditions. NOW, THEREFORE, in consideration of the promises, covenants and agreements contained herein, the receipt and sufficiency of which are hereby acknowledged , the parties agree as follows: Page 1 of7 AGREEMENT 1. Incorporation of Recitals. The recitals above are incorporated herein by reference as if they were fully stated herein. 2. County Road 114 Construction. The Land Use Conditions contain a road improvement project to widen and realign County Road 114. Such project will include grading necessary to match slopes of the road work, which will extend onto the Sod Farm Property as generally shown on Exhibit D. PLK hereby grants and quitclaims to Berkeley a nonexclusive easement for the purposes of County Road 114 improvement work required by Land Use Conditions. 3. County Road 114 Culverts. The Land Use Conditions propose two culverts that will match to the bottom of the fill slope along the south end of the County Road 114 realignment required by Land Use Conditions. Such culverts will extend through the Sod Farm Property as generally shown on Exhibit D. PLK hereby grants and quitclaims to Berkeley a nonexclusive easement for installation, maintenance, repair, replacement and use of said culverts. 4. County Road 114 Intersection and Grading. Garfield County typically requires 200-foot minimum spacing between intersections, and Condition20.d. of Resolution 2016-35 also requires this 200-foot spacing. The existing entrance to the Sod Farm Property is approximately 170 feet from the to-be-constructed Lake Springs Drive shown on Lake Springs Ranch PUD Filing 3. If Garfield County requires the 200-foot spacing between intersections, the entrance to the Sod Farm Property will need to be straightened out to intersect County Road 114 to meet the 200-foot spacing requirement or extended to the north to share the same intersection point as the future Lake Springs Drive. If Garfield County requires the 200-foot spacing between the entrance to the Sod Farm Property and the to-be-constructed Lake Springs Drive shown on Lake Springs Ranch PUD Filing 3 (also shown on Exhibit D), Berkeley shall have the right, at its sole discretion and its cost, to either relocate the Sod Farm Property driveway to comply with the 200-foot spacing requirement by either (a) moving the Sod Farm Property driveway north to create a four-way intersection between the Sod Farm Property driveway and the future Lake Springs PUD Driveway (approximate location shown on Exhibit D) or (b) move the Sod Farm Property driveway south so that it is 200 feet or more from the future Lake Springs PUD Driveway. 5. Lake Springs Irrigation Pond Drain and Overflow Pipe. The existing irrigation pond on the east side of County Road 114 will be partially rebuilt as part of the Land Use Conditions, which will require reconstruction of the drainpipe to tie at the toe of the County Road 114 reconstruction fill slope, as shown on Exhibits D and E. PLK hereby grants and quitclaims to Berkeley a nonexclusive easement for installation, maintenance, repair, replacement and use of said drainpipe. Also, the pond overflow pipe will need to be reconstructed at a location generally shown on Exhibits D and E. PLK hereby grants and quitclaims to Berkeley a nonexclusive easement for installation, maintenance, repair, replacement and use of said overflow pipe. PLK understands that relocation of the overflow pipe may require PLK to relocate a ditch that connects to the existing overflow pipe, which it will do at its sole cost Page 2 of7 6. Sanitary Sewer Main Connections. Two future sewer main connections are required to serve the future Lake Spring Ranch PUD fillings, which will extend onto the Sod Farm Property, as shown on Exhibit D. The southern connection will require a new in-line manhole cut into the existing Spring Valley Sanitation District main, which will require construction work on the Sod Farm Property. PLK hereby grants and quitclaims to Berkeley a nonexclusive easement for the construction installation, maintenance, repair, replacement and use of said in-line manhole. The northern connection is currently designed to cut a new invert into an existing manhole, as shown on Exhibit D . PLK hereby grants and quitclaims to Berkeley a nonexclusive easement for installation, maintenance, repair, replacement and use of said invert. Upon request of Berkeley, PLK shall grant an easement to the Spring Valley Sanitation District for the sewer mains described herein in a form acceptable to Berkeley and the Spring Valley Sanitation District. 7. Line Extension and Line Connection Agreements. Pursuant to Condition l 7(b)(i) of the Resolution 2016-35, Berkeley is required to enter into Line Extension and Line Connection Agreements with the Spring Valley Sanitation District for all future sewer line connections. PLK shall cooperate with Berkeley to obtain these agreements, as necessary. Similarly, Berkeley entered into a Pre-Inclusion and Wastewater Treatment Plan Development Agreement with the Spring Valley Sanitation District. PLK shall take no action that would interfere with Berkeley's ability to comply with terms or conditions of the Pre-Development Agreement. 8. Holy Cross Electric Overhead Realignment. The future reconstruction of County Road 114 pursuant to the Land Use Conditions will require the relocation of an existing power pole that is currently an in-line pole with a service overhead line that terminates at the current offices on the Sod Farm Property. The in-line pole and overhe1td line is shown on Exhibit D. Berkeley may move said in-line pole to a different location on the Sod Farm Property as Berkeley deems necessary to avoid any conflict or interference with the future County Road 114 right-of-way. PLK acknowledges that such change in location of said in-line pole would require a realignment of the overhead service line to the current office on the Sod Fann Property and a rewiring of the main line across the southern portion of the Sod Farm Property. 9. Detention Area Maintenance. The Land Use Conditions require that an approximately 45-acre area on the west side of the Sod Farm Property be maintained for water detention, which is shown on Exhibit F. This general area currently has the ability to fill to an elevation of 6899' during a storm event before overtopping to the County Road 119 roadside ditch. The Land Use Conditions (including the Lake Springs Ranch PUD Filing 2 Grading, Drainage and Erosion Control Plan attached to the Lake Springs Ranch PUD, Filing 2 Subdivision Improvements Agreement recorded with the Garfield County Clerk and Recorder on September 11, 2019 at Reception No. 925311 (hereinafter the "Drainage Plan")) require that the ranch road on the Sod Farm Property (identified in Exhibit F) be raised to 6900.5' with a 200' foot long flat section at 6899. 7' in the middle to act as a weir to restrict runoff to historic conditions during the major design storm to address the extra runoff from the Berkeley Property. PLK hereby grants and quitclaims to Berkeley a nonexclusive easement for construction, maintenance, repair, replacement and use of said ranch road on the Sod Fann Property to comply with the aforementioned Land Use Conditions (including but not limited to the Drainage Plan). Fwthennore, PLK hereby grants and quitclaims to Berkeley a nonexclusive drainage easement for the aforementioned 45-acre area shown on Exhibit F. Said detention area and ranch road shall be Page 3 of7 preserved to comply with the requirements of the Land Use Conditions, including but not limited to the Drainage Plan. PLK agrees to take no action, or permit any activity that will in any way interfere with the use of said ranch road or 45-acres for the purposes described in the Land Use Conditions (including the Drainage Plan) including but not limited to taking any action that will reduce the volume of the detention area below that described in the Land Use Conditions, conducting grading or construction projects within the detention area without prior written approval of Berkeley and Garfield County, or interfering with of the ability of the ranch road to operate as a weir as described above and in the Land Use Conditions (including the Drainage Plain). Upon request by Berkeley, PLK shall execute a formal easement and maintenance agreement for the aforementioned detention area and ranch road the terms of which shall insure compliance with the Land Use Conditions (including the Drainage Plan). 10. Future Final Plat Application or PUD Amendments. If necessary or appropriate, PLK agrees to not oppose, and be a co-applicant to, any future applications to Garfield County regarding any aspect of the Lake Springs Ranch PUD, including, but not limited to any application regarding final plat approval, amendments to the Land Use Conditions that result in no greater use restriction on the Sod Farm Property than exists as of the date of this Agreement or as described herein, and any application to remove the Sod Farm from the Lake Springs Ranch PUD. 11. Future Final Plat Applications. Condition 16 of the Resolution 2016-35 requires Berkeley to participate in a well monitoring program and to identify and implement necessary appropriate corrective measures should the aquifer be shown inadequate for expected demand. Upon request by Berkeley, PLK shall participate in the well monitoring program and will participate in any corrective measure deemed necessary by other participants in the well monitoring program and the Basalt Water Conservancy District. 12. Future Driveway Permits. Lake Springs Ranch PUD Filing No 3-5 will require driveway permits from Garfield County for several additional secondary access roads. PLK will not oppose Berkeley's pursuit of the driveway permits for any of the roads shown in the Land Use Conditions or any subsequent revision to them. Subject to paragraph 4, Berkeley shall take all reasonable action to avoid adversely impacting the Sod Farm Property's existing access in any plans to change access road locations that may be submitted to any appropriate authority with jurisdiction. 13. Roadway Design Standards. Condition 20 of Garfield County Board of County Commissioners Resolution No. 2016-35 entitled "A Resolution Concerned with the Approval of a Preliminary Plan Amendment recorded with the Garfield County Clerk and Recorded on May 2, 2016 at Rec. No. 876660, includes a set of design standards for roadways, which differ from Garfield County's road standards in effect as of the date ofthis Agreement. If PLK constructs any new roadways on the Sod Farm Property that intersect with a County Road, PLK shall design and construct said intersections to comply with the intersection design standards described in the aforementioned Condition 20. 14. No Subdivision of the Sod Farm Property. The Conservation Easement prohibits any further subdivision of the Sod Farm Property. The Sod Farm Property shall not be subdivided, and PLK agrees to take no action to attempt to subdivide the Sod Farm Property. Page 4 of7 15. Grant of Construction Easement As Necessary. If construction easements are necessary to affect the terms of this Agreement or any easements granted herein, PLK hereby grants and quitclaims to Berkeley any necessary construction easements. 16. Easement Granted. For all easement granted herein, the grantee's agents, employees, contractors, subcontractors and representatives are entitled to use said easements for their stated purposes. 17. Easements Granted Herein Effective. All easement granted herein shall be deemed valid and effective without the need of further action of either party. 18. Additional Land Use Conditions. In this Agreement, Berkeley has sought to describe all terms, conditions, and provisions of the Land Use Conditions appliable to the Sod Farm Property and address all easements and actions necessary to comply with said Land Use Conditions. Berkeley represents that additional terms, conditions, and provisions of the Land Use Conditions may apply to the Sod Farm Property that are not identified or described in this Agreement. 19. Further Actions. Each party agrees to perform all further actions and execute, acknowledge, and deliver any documents that may be reasonably necessary, appropriate, or desirable to carry out the intent and purposes of this Agreement, including, but not limited to, executing additional easements and talcing any action reasonably necessary to comply with the Land Use Conditions or Garfield County requirements related to the Berkeley Property and the Sod Farm Property. 20. Berkeley's Obligations. PLK shall have no right to enforce the Land Use Conditions against Berkeley, including, but not limited to the obligations it has under the Land Use Conditions described in this Agreement. 21. Successors and Assigns. This Agreement is binding upon and inures to the benefit of the parties and their respective successors and assigns. The easements and covenants described in this Agreement run with the Berkeley Property and Sod Farm Property, as applicable. Berkeley may freely transfer and assign the easements described herein. 22. Recording. Upon mutual execution, Berkeley shall record this Agreement in the real property records maintained by the Garfield County Clerk and Recorder. 23. Miscellaneous Provisions. a. Full Agreement. This Agreement is fully integrated, contalDlllg the entire agreement and understanding between the parties, superseding and replacing all prior negotiations and proposed agreements, written or oral, pertaining to the subject matter of this Agreement, except as provided herein. Page 5 of7 b. Authority to Enter Agreement. Each person and entity executing this Agreement warrants that he is the duly authorized representative of the person or entity for which he acts and is fully and legally empowered to execute and deliver this Agreement c. Governing Law, Attorney Fees. This Agreement shall be governed and construed in accordance with the laws of the State of Colorado. Any suit involving any dispute or matter arising under 1his Agreement may only be brought in the respective courts of Garfield County, Colorado, having jurisdiction over the subject matter of the dispute or matter. All parties hereby consent to the exercise of personal jurisdiction by any such court with respect to any such proceeding. The prevailing party in any dispute or matter shall be entitled to an award of its reasonable costs including but not limited to reasonable attorney's fees. d. Interpretation of Agreement. Each party acknowledges that this Agreement shall not be deemed prepared or drafted by any one party. In the event of any dispute between the parties concerning this Agreemen4 the parties agrees that any rule or theory of construction to the effect that any ambiguity in the language is to be resolved against the drafting party, shall not apply. e. Modification of Agreement. No provision or term of this Agreement may be amended, modified, revoked, supplemented, waiv~ or otherwise changed except by written instrument duly executed by the parties hereto. f. Headings and Captions. All headings and captions used in this Agreement are for convenience only and shall not be construed to either limit or broaden the language of this Agreement or any particular section. g. Electronic and Counteiparts. This Agreement may be executed in counte:rparts and, as executed shall constitute one Agreement binding on all of the parties hereto notwithstanding that all said parties are not signatory to the original or same counterpart. An electronic document, pdf., facsimile, telecopy or other reproduction of this Agreement may be executed by the parties and shall be considered vali4 binding and effective for all purposes. At the request of any party, the parties agree to execute an original of this Agreement as well as any facsimile, electronic document, telecopy or other reproduction. IN WITNESS WHEREOF, the parties have duly executed this Agreement with an effective date set forth above. BERK.ELEYFAMILY,LLLP PLUS LAZY~ LLC COUNTERSIGNED By. ___________ _ Jared Kerst;, Manager Page6 of7 b. Authority to Enter Agreement. Each person and entity executing this Agreement warrants that he is the duly authorized representative of the person or entity for which he acts and is fully and legally empowered to execute and deliver this Agreement. c. Governing Law, Attorney Fees. This Agreement shall be governed and construed in accordance with the laws of the State of Colorado. Any suit involving any dispute or matter arising under this Agreement may only be brought in the respective courts of Garfield County, Colorado, having jurisdiction over the subject matter of the dispute or matter. All parties hereby consent to the exercise of personal jurisdiction by any such court with respect to any such proceeding. The prevailing party in any dispute or matter shall be entitled to an award of its reasonable costs including but not limited to reasonable attorney's fees. d. Interpretation of Agreement. Each party acknowledges that this Agreement shall not be deemed prepared or drafted by any one party. In the event of any dispute between the parties concerning this Agreement, the parties agrees that any rule or theory of construction to the effect that any ambiguity in the language is to be resolved against the drafting party, shall not apply. e. Modification of Agreement. No provision or term of this Agreement may be amended, modified, revoked, supplemented, waived, or otherwise changed except by written instrument duly executed by the parties hereto. f. Headings and Captions. All headings and captions used in this Agreement are for convenience only and shall not be construed to either limit or broaden the language of this Agreement or any particular section. g. Electronic and Counterparts. This Agreement may be executed in counterparts and, as executed shall constitute one Agreement binding on all of the parties hereto notwithstanding that all said parties are not signatory to the original or same counterpart. An electronic document, pdf., facsimile, telecopy or other reproduction of this Agreement may be executed by the parties and shall be considered valid, binding and effective for all purposes. At the request of any party, the parties agree to execute an original of this Agreement as well as any facsimile, electronic document, telecopy or other reproduction. IN WITNESS WHEREOF, the parties have duly executed this Agreement with an effective date set forth above. BERKELEY FAMILY, LLLP COUNTERSIGNED By:.~"#'-'------------ Miriam M. Berkeley, General Partner PLUS LAZY K, LLC By:@ Jared jK-erst, Manager Page 6 of7 STATE OF_·tB< ..... · -...... otS_, • __ _ COUNTY OF toe.I ~ind ) ) ss. ) The forego.mg instrument was acknowledged before me this 5 th day of ~{CT.-vf· 2021, by Miriam. M Berkeley, General Par1ner of The Berkeley Family LLLP. \ Witness my hand and official seal. My commission expires: r2-~ OS-:op)~ AOAIANA lEERMMP ~cof>Ueuc STATE OF l'!:X,).s MM. EXP. 12/05,-,,, NOTARY 10 130452o;;5.t3 STATE OF _____ _ COUNTY OF ____ _ ) ) ss. ) The foregoing instrument was acknowledged before me this_ day of __ _, 2021, by Jared Kerst, Manager of Plus Lazy K., LLC. Witness my hand and official seal. My commission expires: ______ _ N otazy Public Page 7 of7 STATE OF _____ _ COUNTY OF _____ _ ) ) ss. ) The foregoing instrument was acknowledged before me this_day of ___ 2021, by Miriam M. Berkeley, General Partner of The Berkeley Family LLLP. Witness my hand and official seal. My commission expires: ______ _ STATE OF C6 lor do coUNTY oF fl etvf,1 d.,d ) ) ss. ) Notary Public -:;;:::::: .,. The foregoing instrument was acknowledged before me this t?i1r-day of M~, 2021, by Jared Kerst, Manager of Plus Lazy K, LLC. Witness my hand and official seal. My commission expires: 1' t f ( 1.)) 'l)( ~~ ~ L JESS!CA RIEED r\lOTARY PUBUC STATE OF COLORADO NOTARY ID 1999402 1384 My Commission Expires : September 08, 2024 Page 7 of7 THE BER.t<.ELEVFAMII..Y l.L.P GARFl!!:L.C cour-n--e- THE BERKELEYTRACT HIGH COUNTRY ENGINEERING, INC. l517BLAKEAV!;:NU!;'..S'TE 101, Gl.$NWOOC :11 Pff1Na.¥. CCI iUaQI PHONEt!i170)~E-FAX<SJ70)~'5-2'!5!51!! WWW.HCENG.COM 4 •i!l ····~,-... -~ ·- .. , • .,.,.-[ ---;;;;;;, ;I0.00" ~C(qll'f~OA.11. -~LVI.Jl-~ RECt;QWll0-l ,_ Tt<£CEl<'tl:l<~o: H M:,t'4:1:• -W 1Coll_ft.1 ,o.,J. ~$,:'.:ff~IM:m " [B o.t~fl.l~~- ~ ~ ~ J ~) l'.61~~ FOIJ!.,(l~:3,1,r <_~r.%1~,j ! --1·-----· -----•• ---~-, -·+-~ . 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T QQ',"i;l,~lOfl.l'fl; ~"aa,nr;h( T I 5 I,. ~ --- 1 t) I 7 "· ·, THE BERKELEY TRACT A PARCEL OF LANO SITUATED IN GOVERNMENT LOT 5 IN SECTION 32 ANO LOTS 7,8, 10,11, 12,13, 14, 15,16, 22 ANO 23 ANO THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 33 ANO A PART OF THE SOUTHWEST QUARTER OF SECTION 34, ALL IN TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE 6TH P. M. AND ALSO LOTS 1, 2, 3 ANO 9 IN SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88 WEST, OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO. PAGE 2 OF 2 6 33 fCUiD 1.5.h. IRCfi l'IJ'E. ll'lnt2.7~8RA5SC>.P .,,,..,,,, .... m- Wll~-1,n \' ~l i :,;~-· ,~~,~ ~:-.:~ ~-,~ .. :,,;~ ~ -:·7 I i l"15l ,,,~ sc• -\ ~• t) i I "-AEC tlO.~ ~'!i,'2.5" ... ~~ 1~5 .. 65'" -1--, ;L ,tu .............. 'MTHU~iA,i;SSC;Jt ...... ,.,. sae.·2.e-;,_l'f'E ~ ""'=« REC HO ~:il!t.U t,)f 1/4, SE "l/4 WITH :t.7ije. ~ Cal,P ' d"AAM.il aJ.IMTY , i ~~~~"t•~ ·'MalIT!ii<LYUNc Rfi.CHD.~tG 34 N~~~:'i PUim,ge. 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I 9 ~ll'a'llr LH,E ~~YUHE R.;;r;:NDTJWCH 1/ilii>'-ll:i"-'l&""'N 1728..!B' ~~~:;."~ N&il-6-4""0:''W ,:-.,:at-:,:,.• -;~~YUE -Aec.tl0.1::11,M. .. ., 5 ~ ~ ~ ~ ~~rel U} .:. ct u ~ ~ ; ~~ g -c@ cl i z -i ll: o-w -o1115 :i ~ ~8~ 8 8~~~ ~ ~ ~tl~ ¥ ~ !8i ~ !z ~£ ~ ~ ;:) -~-0 -5~ u ~ J: • ~ :i: j ~ ~~ !- ~§ ~ ~~'3 (!! w ll: C:"' Mli ~ w I ~ f- 2041025.05 :SH"E!:rNIJMElER 20F2 J.4.Ri?CK£~ SPR1NGVAW.£r RJVENOEI.L. S00 F' ARM HIGH COUNTRY ENGINEERING, INC. 1 e:17el..AK!:A~NUl!!:.5TE 101. GL£NW0<>0 SF>R1NGS. CO 8 100 I ~HON!!:'97t:Jl OAfS.ee74$.FAA1970l 841S-2.'e,~ WWW.HCENG.COM n I * * * 4 ~ • ~E:::: 1.~!Jl'u<fi.,i.tt _ _L __ j _ ... .Jl'4i%° t Iott~.!'.__, __ RIVENDELL SOD FARM A PARdEL OF LAND SITUATED IN GOVER,NMENT LOTS 5 AND 6 IN SECTION 32 AND LOTS j ! 7,8,10,11,12,14,15,16,1 !,20 ,21,22, 23 IN SECTION 33, All IN TOWNSHIP 6 SOUTHi RANGE 88 WEST OF THE 6TH P.M . ANO ALSO LOTS 2 ANO 3 IN SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88 WEST, OF TH E 6TH P.M. COUNTY Of' GAR FIELD, STATE OF COLORADO. PAGE 2 OF 2 1,:,.,.1l,lo•~ -~"" Cl!}f!tll(t,£(1' -·~f.1«0-,f -~-,;,...;,,<ium,;;;;.,;.;_::i -----~~~~.;:_~--~ 'J&4 t i ..,. ! 32 + ; ~ FOUV Pl.85 Mef~ f't:s NOTeD :) i=~ !I 11"10'4:I• W IJU..H" 7 0 GET5131NIR0NPIIIW 2.S"Yill.OW PUiS.TICC>PPL.Sf2.3ll1S- toFFSET 3<1 GOIJTI-ERL 't) • $cl Moll~ IRON f,NW, H" Y!:U.OW PlASTICCAP ~15 BOUDM:'100:LOTU.IE -------------/dlJOII-ERlltt; PlSSU,IE ~TLOTUE 'P ... PH",:C&"'J..!.1[ i..-...U-t T ,r 8 (' .J 11e 32~ 5 4 ~ _,..._'" ~),o,AlWC'lt.l' l'l.t~- 10 $ OT2o'J4• [ 11U1' Ir \ ~~ ----:,~b ,, '-'F' ~i -x:-.. i~,,_-x:-.. --~:-.. 7 956 987 Sq. Feet ~-~:,.. '182'. 67-Acres± • "'-t\•' 20 5 ' ' ~'\:-..1,., ·r-?1 ~~ ··1 .}! ~,, ~! 4 ,.} ·7 __ ,..J 12 14 s: •~u·11~ c HaU3' 1._ 33~ [ B,1,,S1S or 8£NbNG$ I .t 3 , •• 5IOUIKL'ST~- L ==:.: -·- .. ;e~ - ---··1 i _ _J " 9 "' (11 ti} kJ "1 ,-.. ,: E S{ ~ ~ ~ t}, i.'.-d:: 6 ! ~ cl ~ z -:i --'2;1 ffi ~;o 2 ~~aa 6 C) ~~~ ~ tii U~ ~ ~o; i· ~8-~ ~ig ::, .,IIJ:21 0 -~~ Uz u ~ J: d Cl 5: i ~ ~ ~ ':; iiH ~; g •m I 21 9171 .... 01 ,;-H£~NUN~ 20F2 EXHIBITB Land Use Conditions 1. Garfield County Board of County Commissioners Resolution No. 2016-35 entitled "A Resolution Concerned with the Approval of a Preliminary Plan Amendment recorded with the Garfield County Clerk and Recorder on May 2, 2016 at Rec. No. 876660. 2. Garfield County Board of County Commissioners Resolution No. 2016-36 entitled "A Resolution Concerned with the Approval of a Zone District Amendment to Correct the Zoning of the Boundary of the Lake Springs Ranch PUD Approved by Resolution 2012- 80, recorded with the Garfield County Clerk and Recorder on May 5, 2016 at Rec. No. 876835. 3. Second Amended and Restated Declaration of Covenants, Conditions, Restrictions and Easements for Lake Springs Ranch PUD (Revised November 14, 2018) recorded with the Garfield County Clerk and Recorder on September 11, 2019 at Reception No. 925313. 4. Fifth Amended and Restated Deed of Conservation Easement in Gross, granted to and for the benefit of Aspen Valley Land Trust recorded with the Garfield County Clerk and Recorder on September 20, 2019 at Reception No. 925748. 5. Pre-Inclusion and Wastewater Treatment Plant Development Agreement recorded with the Garfield County Clerk and Recorder on August 30, 2001 at Reception No. 587475. 6. Lake Springs Ranch PUD, Filing 2 Subdivision Improvements Agreement recorded with the Garfield County Clerk and Recorder on September 11, 2019 at Reception No. 925311. EXHIBIT C PROPERTY DESCRIPTION: RIVENDELL SOD FARM A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 5 AND 6 SECTION 32, LOTS 7,8,10,11,12,14,15,16,17,20,21,22,23, SECTION 33, ALL IN TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, AND ALSO, LOTS 2 AND 3 OF SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, TO WIT; BEGINNING AT THE SOUTH QUARTER CORNER OF THE SAID SECTION 33, THE SAID CORNER MONUMENTED BY A FOUND 2IN. BRASS CAPPED PIPE MARKED PELS 5933, FROM WHENCE THE SOUTHEAST CORNER OF THE SAID SECTION 33 BEARS S 89°49'18" E, 2682.73 FEET DISTANT, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, THE SAID SOUTHEAST CORNER OF THE SAID SECTION 33 MONUMENTED BY A FOUND ELM BRASS CAPPED PIPE (1985); THENCE, ALONG THE SOUTHERLY BOUNDARY LINE OF LOT 21 DELINEATED ON THAT GOVERNMENT LAND OFFICE (GLO) SUPPLEMENTAL SURVEY PLAT DATED 29 APRIL, 1893, N 89°39'40" WA DISTANCE OF 1,122.73 FEET, TO THE SOUTHWEST CORNER THEREOF, THE SAID CORNER MONUMENTED BY A FOUND 3/4IN, IRON PIN WITH 3.5IN. ALLOY CAP MARKED PLS 19598; THENCE, DEPARTING FROM THE AFORESAID COURSE, ALONG THE SOUTHERLY BOUNDARY LINE OF LOT 20 OF THE SAID 1893 GLO SURVEY, N 89°40'02" WA DISTANCE OF 1,379.97 FEET TO THE SOUTHWEST CORNER THEREOF, THE SAID CORNER MONUMENTED BY A FOUND 3/4IN, IRON PIN WITH 3.5IN. ALLOY CAP MARKED PLS 19598; THENCE, DEPARTING FROM THE AFORESAID COURSE, ALONG THE WESTERLY BOUNDARY LINE OF THE SAID LOT 20, N 01°58'53" EA DISTANCE OF 822.66 FEET TO THE NORTHWEST CORNER THEREOF, THE SAID CORNER MONUMENTED BY A FOUND 3/4IN, IRON PIN WITH 3.SIN. ALLOY CAP MARKED PLS 19598; THENCE, DEPARTING FROM THE AFORESAID COURSE, ALONG THE WESTERLY BOUNDARY LINE OF LOT 17 OF THE SAID 1893 GLO SURVEY, N 01 °57' 39" E A DISTANCE OF 1,241.36 FEET TO THE NORTHWEST CORNER THEREOF, THE SAID CORNER MONUMENTED BY A FOUND 3/4IN, IRON PIN WITH 3.SIN. ALLOY CAP MARKED PLS 19598; THENCE, DEPARTING FROM THE AFORESAID COURSE, ALONG THE SOUTHERLY BOUNDARY LINE OF LOTS 9 AND 6 OF THE SAID 1893 GLO SURVEY, N 87°10'45" WA DISTANCE OF 1,382.36 FEET TO THE SOUTHWEST CORNER OF THE SAID LOT 6, THE SAID CORNER MONUMENTED BY A FOUND 2.SIN, IRON PIPE WITH 2.75IN. BRASS CAP MARKED COUNTY SURVEYOR GARFIELD COUNTY, 1977; THENCE, DEPARTING FROM THE AFORESAID COURSE, ALONG THE WESTERLY BOUNDARY LINE OF LOTS 5 AN 6 OF THE SAID 1893 GLO SURVEY, N 01°43'19" EA DISTANCE OF 1,290.25 FEET TO A POINT ON THE CENTERLINE OF A 60.00-FOOT-WIDE ACCESS AND UTILITY EASEMENT TO DE DESIGNATED GARFIELD COUNTY ROAD NO. 119, WITH SIDELINES LENGTHENED OR SHORTENED AS MAY BE REQUIRED (FROM WHENCE THE NORTHWEST CORNER OF THE SAID LOT 5 BEARS N 01 ° 43' 19" E, 30. 00 FEET DISTANT, THE SAID NORTHWEST CORNER OF LOT 5 MONUMENTED BY A FOUND 2.SIN, IRON PIPE WITH 2.75IN. BRASS CAP MARKED COUNTY SURVEYOR GARFIELD COUNTY, 1977); THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERLINE OF THE AFORESAID EASEMENT, ALONG A LINE 30.00 FEET SOUTHERLY OF AND PARALLEL WITH THE NORTHERLY BOUNDARY LINE OF LOT 5 OF SECTION 32 OF THE SAID 1893 GLO SURVEY, S 88°31'42" EA DISTANCE OF 1081.93 FEET TO A POINT OF CURVATURE; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERLINE OF THE AFORESAID EASEMENT, ALONG A CIRCULAR CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 503.43 FEET, WITH A RADIUS OF 2529.93 FEET, (CHORD BEARS S 82°49''40" E, 502.60 FEET) TO A POINT OF COMPOUND CURVATURE; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERLINE OF THE AFORESAID EASEMENT, ALONG A CIRCULAR CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 127.70 FEET, WITH A RADIUS OF 200.00 FEET, (CHORD BEARS S 58°50'07" E, 125.54 FEET) TO A POINT OF TANGENCY; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERLINE OF THE AFORESAID EASEMENT, S 40°32'38" EA DISTANCE OF 66.44 FEET TO A POINT OF CURVATURE; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERLINE OF THE AFORESAI D EASEMENT, ALONG A CIRCULAR CURVE TURNING TO THE LEF T WITH AN ARC LENGTH OF 171.11 FEET, WITH A RADIUS OF 185.00 FEET, (CHORD BEARS S 67°02'26" E, SOUTHEASTERLY, 165.08 FEET) TO A POINT OF TANGENCY; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERLINE OF THE AFORESAID EASEMENT, N 86°27'45" EA DISTANCE OF 375.27 FEET TO A POINT OF CURVATURE; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERLINE OF THE AFORESAID EASEMENT, ALONG A CIRCULAR CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 246.76 FEET, WITH A RADI US OF 200.00 FEET, (CHORD BEARS S 58°11'29" E, SOUTHEASTERLY, 231.41 FEET) TO A POI NT OF TANGENCY; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERLINE OF THE AFORESAID EASEMENT, S 22°50'42" EA DISTANCE OF 160 .93 FEET TO A POINT OF CURVATURE; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERLINE OF THE AFORESAID EASEMENT, ALONG A CIRCULAR CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 162.40 FEET, WITH A RADIUS OF 600.00 FEET, (CHORD BEARS S 15°05'28" E, SOUTHERLY, 161.90 FEET) TO A POINT OF TANGENCY; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERLINE OF THE AFORESAID EASEMENT, S 07°20'14" EA DISTANCE OF 311.07 FEET TO A POINT OF CURVATURE; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERLINE OF THE AFORESAID EASEMENT, ALONG A CIRCULAR CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 346.12 FEET, WITH A RADIUS OF 1000.00 FEET, (CHORD BEARS S 17°15'10" E, SOUTHERLY, 344.39 FEET) TO A POINT OF TANGENCY; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERLINE OF THE AFORESAID EASEMENT, S 27°10'06" EA DISTANCE OF 853.08 FEET TO A POINT OF CURVATURE; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE CENTERLINE OF THE AFORESAID EASEMENT, ALONG A CIRCULAR CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 212.46 FEET, WITH A RADIUS OF 185.00 FEET, (C HORD BEARS S 60°04'04" E, SOUTHEASTERLY, 200.97 FEE T) TO A POINT OF TANGENCY; THENCE, DEPARTING FROM THE AFORESAID CO UR SE AND ALONG THE CENTERLINE OF THE AFORESAID EASEMENT, N 87°01'58" EA DISTANCE OF 897.82 FEET TO A POINT OF CURVATURE; THENCE, DEPARTING FROM THE AFORESAID CO UR SE AND ALONG THE CENTERLINE OF THE AFORESAID EASEMENT, ALONG A CIRCULAR CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 179.13 FEET, WITH A RADIUS OF 185.00 FEET, (CHORD BEARS S 65°13'43" E, SOUTHEASTERLY, 172.21 FEET) TO A POINT OF TANGENCY; THENCE, DEPARTING FROM THE AFORESAID COURSE, S 37°29'24" EA DISTANCE OF 67.32 FEET TO A POINT ON THE FUTURE 80.00-FOOT-WIDE NORTHWESTERLY RIGHT- OF-WAY LINE OF GARFIELD COUNTY ROAD 114, THE SAID POINT MONUMENTED BY A SET 5/SIN. IRON PIN WITH YELLOW PLAS T IC CAP PLS 23875; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ~..LONG THE FUTURE NORTHWESTERLY RIGHT-OF-WAY LINE OF GARFIELD COUNTY ROAD 114, ALONG A NON- TANGENTIAL CIRCULAR CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 278.28 FEET, WITH A RADIUS OF 690.00 FEET, (CHORD BEARS S 41°33'27" W, 276.40 FEET) TO A POINT OF TANGENCY, THE SAID POINT MONUMENTED BY A SET 5/8IN. IRON PIN WITH YELLOW PLASTIC CAP PLS 23875; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE FUTURE NORTHWESTERLY RIGHT-OF-WAY LINE OF GARFIELD COUNTY ROAD 114, S 30°00'13" WA DISTANCE OF 305.97 FEET TO A POINT OF CURVATURE, THE SAID POINT MONUMENTED BY A SET 5/8IN. IRON PIN WITH YELLOW PLASTIC CAP PLS 23875; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE FUTURE NORTHWESTERLY RIGHT-OF-WAY LINE OF GARFIELD COUNTY ROAD 114, ALONG A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 14.36 FEET, WITH A RADIOS OF 1040.00 FEET, (CHORD BEARS S 29°36'28" W, 14.36 FEET) TO A POINT OF TANGENCY, THE SAID POINT MONUMENTED BY A SET 5/8IN. IRON PIN WITH YELLOW PLASTIC CAP PLS 23875; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE FUTURE NORTHWESTERLY RIGHT-OF-WAY LINE OF GARFIELD COUNTY ROAD 114, S 29°12'44" WA DISTANCE OF 230.39 FEET TO A POINT OF CURVATURE, THE SAID POINT MONUMENTED BY A SET 5/BIN. IRON PIN WITH YELLOW PLASTIC CAP PLS 23875; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE FUTURE NORTHWESTERLY RIGHT-OF-WAY LINE OF GARFIELD COUNTY ROAD 114, ALONG A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 385.64 FEET, WITH A RADIUS OF 650.00 FEET, (CHORD BEARS S 12°12'55" W, 380.01 FEET) TO A POINT OF TANGENCY, THE SAID POINT MONUMENTED BY A SET 5/8IN. IRON PIN WITH YELLOW PLASTIC CAP PLS 23875; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE FUTURE NORTHWESTERLY RIGHT-OF-WAY LINE OF GARFIELD COUNTY ROAD 114, S 04°46'53" EA DISTANCE OF 109.17 FEET TO A POINT OF CURVATURE, THE SAID POINT MONUMENTED BY A SET 5/8IN. IRON PIN WITH YELLOW PLASTIC CAP PLS 23875; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE FUTURE NORTHWESTERLY RIGHT-OF-WAY LINE OF GARFIELD COUNTY ROAD 114, ALONG A CIRCULAR CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 308.25 FEET, WITH A RADIUS OF 570.00 FEET, (CHORD BEARS S 10°42'40" W, 304.51 FEET) TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF THE SAID SECTION 4 FROM WHENCE THE NORTH SIXTEENTH CORNER THEREOF BEARS S 00°11'54" E, 1061.98 FEET DISTANT, THE SAID CORNER MONUMENTED BY A FOUND 2.5IN, IRON PIPE WITH 2.75IN. BRASS CAP MARKED COUNTY SURVEYOR GARFIELD COUNTY, 1977, THE SAID POINT MONUMENTED BY A SET 5/SIN. IRON PIN WITH YELLOW PLASTIC CAP PLS 23875; THENCE, DEPARTING FROM THE AFORESAID COURSE, N 00°11'54" E ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE SAID SECTION 4, A DISTANCE OF 279.11 FEET TO THE POINT OF BEGINNING. THE SAID PARCEL IS COMPRISED OF 7,956,987 SQUARE FEET, (182.67 ACRES), MORE OR LESS. 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PROPOSED FILL AREA 200' LONG WEIR FLOM.INE ELEV.: 6899.7' ---------WV: --- 6897.41 EX1$1lNG WATER STORAGE LEVEL INV: 6896.40 / / / / __, --------- PROPOSED TOP OF DAM/SERM APPROXIMATE ELEV: 6901.50' (DESIGN STORM STOR-'GE) '\ 6896,52 WATER '-------- REMOVE EXIS11N G PVC PIPES, INST-'LL 18" PIPE, INV: 6896.4' TO REGULA TE IRRIGATI ON STOR-'GE VOLUME PAM CROSS SECTION (NOT TO SCALE) I \ ·:-·•-.-~-.. >>, \ ' I .• .,, : . .., . r EXI STI NG COUNTY ROAD 119 /--------- 1· ... . . . . . l. ......... . r - . . ,· . \ ., • "'°\..._," \ '\• I . \. 'A ""\ \ \\ ' \ I \ \ EXIST 24" CMP r L'O~ ~~~T• At~~•~~ • r~~~ .~~~ 6.9~:~ \ \ CCI_DfVJlO MOUNTAIN COLLEGE. Q ~ '" IE ,! ,~~'s ~~;g ~~~ ~3 N~ &~!3 i•i' i"'-,_~. ~ ~~9 ~' ;, ,,-, ,/ji· "' ;., ~i1 'r• .~trn ti ~ j} \iJ .,_! ~!a& c,,~~.; Z ~z":-:t 1£) ~fi tj ~ ~VI, I: ~ ~8-~ ~ ~~g ~ a~~, J: f ~ J: ~ Q~ 0 ~"' (soi iU~~I ~8 ~i ~~ !~ &Ii: a..z ~~ ii ________Q_ 2.04102.5.04 F