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Home My WebLink About1.11 Resolution 2016-35_Prelim PlanLake Springs Ranch Subdivision Preliminary Plan/PUD Amendment December 2025 Exhibit 11 | 2016 BOCC Resolutions 1111 w,ir.,aur l¥,1i¥1 I¥itI1,'1'h'~Lr~~-n., ~:t',\~CCt.N 1111 1 Reception~: 876660 0S/02/2016 04:06:57 PM Jean Alberlco 1 ar 37 Rec Fea:$0 .00 Doc Feo,O,C~ GARFlEU> COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners• Meeting Room, Garfield County Administration Building in Glenwood Springs on Monday, 11th of April A.D . 2016, there were present: :.:lo~h~n~M.:..=.ar=ti .... n ______________ _, Commissioner Chairman :!.:.M~i~ke:::..S=.:a~mw:s~o~n-....l(=ab~s'-=e:..:nl:..c.} __________ _,, Commissioner ~T~om~J=anw:k~o:..:.v=sk,._.y _____________ _., Commissioner :a.:K=ev.:.!i~n-"'B=-=a=tc~h=el=d:::er _______________ ~• County Manager ~T-=ar:.:..i -=-W~i~ll=-=ia~m=s ______________ __, County Attorney :a.:K=el...,ly"-""C=av:..::e'-----------------·_,, Assistant County Attorney ,:.;:Je=an=-=-Al=b=e=ri=c=o ______________ __. Clerk of the Board when the following proceedings, among others were had and done, to-wit: RESOLUTION No.,20/&-aa A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELI:MINARY PLAN AMENDMENT AND PUD AMENDMENT FOR LAKE SPRINGS RANCH PUD, A 459.38 ACRE PROPERTY OWNED BY THE BERKELEY FAMILY LLLP AND LOCATED IN SECTIONS 32, 33, AND 34, TOWNSHIP 6 SOUTH, RANGE 88 WEST AND SECTION 4, TOWNSlllP 7 SOUTH, RANGE 88 WEST OF THE 6l'H P.M., GARFIELD COUNTY PARCELNO.s# 2187-321-09-023; 2187-333-09-022; 2187-334-00-106,· 2187-334-00-107 Recitals A. The Board of County Commissioners of Garfield County, Colorado (Board) received a request from The Berkeley Family LLLP to amend the Preliminary Plan and Planned Unit Development (PUD) as follows: 1. Prelimimuy Plan Amendment a. Amend the drainage plan to utilize more of the valley floor for temporary stormwater storage in order to minimize impacts on conserved land; b. Eliminate Condition 15 of Resolution 2012-80 since the stormwater impoundment will not be necessary according to the revised drainage analysis; c. Redesign lots 8, 9, 11 and 13 of Filing 2 to allow cul-de-sacs to be removed from conserved areas; 1 1111 f Jr.11:t~ IH. ~I'.\ 1¥&1.C~i.'L."I' :-ti.t,.~ H~-01 'l+J~ i•1J. 11111 Reception~: 876660 05/02/2016 04:06:57 PM Jean Alberico 2 or 37 Roe Fee:$0.D0 Doc Foa ,0.00 GARFIELD COUNTY co d. Revise the language of Condition 14 of Resolution 2012-80 to clarify that the central water system must be reviewed under the CDPHE regulations for "community" water systems; e. Amend the Preliminary Plan and Phasing Plan to show the unplatted portions of conserved lands, those lands located outside of final plat of Filing 1, as "Conserved Lands" and to eliminate the lot lines currently indicated on the approved Preliminary Plan. This is necessary for the future final plat to remain consistent with the Preliminary Plan. 2. PUD Amendment a. Redesign Lots 8, 9, 11 and 13 of Filing 2 to allow cul-de-sacs to be removed from conserved areas; b. Amend the Phasing Plan: i. To move required improvements to CR 114 from Phase 2 to Phase 3; ii. Shift 9 lots from Phase 4 to Phase 3; and iii. Remove those approved lots located in what is now conserved lands area. c. Decrease the required affordable housing to be provided by the development from 15% as required under the Unified Land Use Resolution of 2008, as amended to the 10% as currently required under the 2013 Land Use and Development Code, as amended. 3. And as further described in Exhibits A and B, PUD Guide and Map and Preliminary Plan. B. The Lake Springs Ranch PUD is a 459.38 acre parcel of land owned by The Berkeley Family LLLP as described in a Warranty Deeds recorded at Reception Numbers 405633 and 462134 and Quit Claim Deeds recorded at Reception Numbers 828751 and 828748, all in the records of the Garfield County Clerk and Recorder. C. The subject property is located within unincorporated Garfield County in the PUD zone district, approximately 3.5 miles southeast of Glenwood Springs, Colorado. D. The Planning Commission opened a public hearing on the 10th day of February, 2016, for consideration of whether the proposed Preliminary Plan and PUD Amendments should be approved, approved with conditions, or denied. During said hearing, the public and interested persons were given the opportunity to express their opinions regarding the requests. E. The Planning Commission closed the public hearing on the 10th day of February, 2016, to make a final decision. The Planning Commission voted to recommend that the Board of County Commissioners approve the requested amendment to the Preliminary Plan and PUD, subject to compliance with conditions of approval. F. The Board of County Commissioners opened a public hearing on the 11th day of April, 2016, for consideration of whether the proposed amendments to the Preliminary Plan and PUD 2 1111 WJP.11:~1H P ,.~ ill\l t~Ht,·~1,,1 v,,~ t~11 h~•~11.:-ww. 11111 Reception#: 876660 05/02/2016 04:06:57 PM Jean Albe~ico 3 af 37 Rec Faa·S0.00 Doc Fee·0.00 GARFIELD COUNTY CO should be approved. approved with conditions. or denied. During said hearing the public and interested persons were given the opportunity to express their opinions regarding the request. G. The Board of County Commissioners closed the public hearing on the 11th day of ApriJ, 2016, to make a final decision. I. The Board of County Commissioners on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Planning Commission. 2. That the hearing before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the requests for Preliminary Plan and PUD Amendments are in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That, subject to compliance with conditions of approval, the applications are in general conformance with Garfield County Comprehensive Plan 2030. 5. That, subject to compliance with conditions of approval, the applications have met the requirements of the Garfield County 2013 Land Use and Development Code, as amended. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. The approvals and conditions contained in this Resolution supersede all prior zone district designations and uses set forth in prior approvals, and supersede Resolution Nos. 02-109 and 2012-80, excepting the attachments to the latter which are referred to in this Resolution. C. The Preliminary Plan Amendment and PUD Amendment for Lake Springs Ranch PUD are hereby approved subject to compliance with the following conditions: 3 Preliminary Plan 1. All representations of the Applicant made in the application and at the hearings before the Planning Commission and Board of County Commissioners shall be considered conditions of approval, unless approved otherwise by the Board of County Commissioners. Fees 2. The Applicant shall include 50% of the road jmpact fee with each final plat. The remaining 50% shall be collected at the time of issuance of a building permit. The cost of any improvements to County roads that are constructed by the Applicant and approved by the County may be deducted from the road impact fee. All future Subdivision Improvement Agreement(s) shall include any terms necessary to accomplish such deduction. 3. The Applicant shall pay a Fee-In-Lieu of School Land Dedication , as calculated in Section 7-404 of the 2013 Land Use and Development Code, as amended: with each final plat. 4. Impact fees shall be paid to the Carbondale and Rural Fire Protection District prior to the approval of final plats submitted for approval subsequent to this Resolution. Permits 5. Prior to the approval of each final plat, the Applicant shall obtain a National Poilutant Discharge Elimjnation System Permit and air pollution permits from CDPHE. These permits shall be submitted to Garfield County for review. Agreements 6. Approval of the Preliminary Plan requires the Developer to complete the platting of all phases within 15 years of Resolution 2012-80 and the first final plat must be recorded within one year of the final approval of the Preliminary Plan, or as may be extended by the Board of County Commissioners by resolution. Plat Notes 7. The fo1lowing plat notes shall be placed on each final plat a. Control of noxious weeds is the responsibility of the ' property owner in compliance with the Colorado Noxious Weed Act and the Garfield County Weed Management Plan. b. Colorado is a 11Right-to-Farm" State pursuant to C.R.S. 35-3-101, et. seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy 4 IIII IJ~.1R:trl1HV.~ Ml N'/1.iJr~UI lif1l!1 ~~Y,i ~I i,IW\~iy), 11111 Recepti0nij: 876660 05/D2/2016 04:06:57 PM Jean Albarlco 5 gf 37 Rec Fae:SD.00 Ooc Fae·O.OD GARFIELD courrrv co ranching sector. Those with an urban sensitivity may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, noise and odor. However, State law and County policy provide that ranching, farming or other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non-negligent manner. Therefore, all must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non-negligent agricultural operations. c. No open hearth solid-fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid-fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. d. All exterior lighting shall be the minimum amount necessary and all exterior lighting shall be directed inward and downward, towards the interior of the lot. Provisions may be made to allow for safety lighting that goes beyond the property boundaries. 8. The Applicant shall adhere to the recommendations specified in the Hepworth-Pawlak Geotech (HP Geotech) reports as attached to Resolution 2012-80. Site specific studies shall be conducted for individual lot development. The need for site specific studies shall be disclosed in the covenants and on each final plat in the form of a plat note. Those recommendations include the following: a. Prospective building owners should be made aware of the potential low risk of evaporate deformation. If the low risk is not acceptable to building owners, it can be reduced by the use of heavily reinforced foundation system preferably without a basement. • b. It is recommended that buildings not be located within 50 feet of the fault trace identified in Figure 1 of the HP Geotech report dated January 15, 2010 as attached to Resolution 2012-80. c. It is recommended that additional subsurface exploration be made in these areas to evaluate the engineering characteristics of the lake deposit. These areas include Lots 6, 7, and 8 of Block 2 and 200 feet of the western most portions of Spring Valley Road. d. The recommended foundation system will depend on the site specific expansion potential. Also, a structural floor system over a crawlspace may be warranted depending on the expansion potential at a specific building site. A site specific 5 foundation study by the individual lot owners should be conducted for design level recommendations. e. More extensive grading should be evaluated on a site specific basis. As previously recommended, cut and fill should not exceed 10 feet deep and cut and fill slopes should be 2: I (horizontal to vertical) or flatter. A certified professional engineer registered in the State of Colorado should review the proposed grading plans when available and determine if addition subsurface exploration and analysis are needed. f. Occupied structures should be designed to withstand moderately strong ground shaking with little or no damage and not to collapse under stronger ground shaking. The region is in the Uniform Building Code, Seismic Site Class B. Water 9. The Applicant shall verify water requirements for automatic fire sprinkler systems are adequate at the time of each final plat. 10. At the first final plat submitted for approval subsequent to this Resolution, the Applicant shall obtain a new well pennit for Well D and submit this information to Garfield County Planning staff for review. 11. At first final plat, the Applicant shall conduct a 24 hour pump test on Well D and have the water tested for quality to ensure it meets the Colorado Department of Public Health and Environment's standards. This information shall be submitted to Garfield County Planning staff for review. 12. The Applicant shall plug and abandon the well (Permit No. 160677) when the existing residence located at 3961 County Road 114 connects to the central water system of the subdivision. 13. Prior to approval of the first final plat, the Applicant shall consider additional water loop connections. 14. Prior to the approval of the first final plat submitted for approval subsequent to this Resolution, the Applicant shall meet all applicable Colorado Department of Public Health (CDPHE) regulations for a community water system. 15. Should it be detennined that stormwater detention is required to be stored in the pond on the east side of CR 114 the Applicant shall submit, and receive approval for, a Notice of Intent to impound water from the State of Colorado. Well Monitoring 16. Lake Springs shall participate with Spring Valley and other land owners in the Spring Valley area in a ground water monitoring program to monitor water levels in the Spring .6 llll l11P_,~~1l¥1 l'M~M~ 1lll~lrL~r~ltM\\f•Vll1llwi 11111 Reception~: 876660 05/02/2016 CA,06:57 PM Juan Alb•rlco 7 or 37 Rec Faa,sc.oo Dec Fee,o.oo GARFIELD courrrv co Valley Aquifer. as described in the Memorandum dated December 6, 2000, authored by Anne Castle and Chris Thome of Holland & Hart as attached to Resolution 2012-80. The data collected pursuant to the monitoring program shall be provided to and maintained by the Basalt Water Conservancy District (the "Basalt District"). If and when the monitoring program, or other reliable data and information, provide evidence of a Jong tenn trend that indicates an inability of the Spring Valley Aquifer to satisfy expected demand associated with decreed water rights owned by Lake Springs, Spring Valley, and the other parties participating in the monitoring program, the Applicant shall cooperate with the Basalt District to identify and implement necessary and appropriate corrective measures which may include: (a) implementation of water conservation measures and/or (b) evaluation of the opportunities for provision of a substitute water supply from a supplement source. Waste Water 17. The Applicant shall comply with the following Spring Valley Sanitation District's (District) conditions including: a. Prior to any final plat approval, the Applicant shall provide the Spring Valley Sanitation District a complete set of the sewer construction plans for review and approval. b. The Applicant shalJ adhere to the Spring Valley Sanitation District's service conditions as follows : i. Obtain approval by the District of all required Line Extension Agreements or Line Connection Agreements as required by the District's Rules and Regulations and/or the Pre-Inclusion and Wastewater Treatment Plan Treatment Agreement (PDA); ii. Comply with all of the terms _and conditions of the PDA and the District's Rules and Regulations; and, m. Reimburse the District for all costs incurred by the District regarding this project, including, but not limited to legal and engineering review, as stated in the District's Rules and Regulations and PDA. Access Permits 18. The Applicant shall make application to the Colorado Department of Transportation for an access permit for improvements to the intersection of County Road 114 and State Highway 82. Such application and approved permit shall be tendered with each final plat document, and the intersection improvements shall be included as a public improvement in the subdivision improvements agreement for that final plat. In the event that the County secures a permit with COOT and constructs improvements to the CR 114/SH 82 intersection prior to any homes being constructed at Lake Springs Ranch PUD, the 7 1111 ~~_.ifF IN Pl~IJi~. ,m~ ~,t~,'t ~ ~\~,11.111 iw, 11111 Reception#: 876660 05/02/2016 04:06:57 PM Jea~ Alberico 8 of 37 Rec Fee:$0.00 Doc Feo:0.00 GARFIELD COUNTY CO Applicant will be responsible for a portion of those intersection improvements either equivalent to, or less than, the cost of the improvements that would have been required pursuant to the COOT permit. For the purpose of determining the Applicant's fair share pursuant to the "equivalent to or Jess than" clause in the previous sentence, the Applicant will provide for the County's review and approval, an engineer's estimate for the cost of the improvements that would have been required, pursuant to the CDOT permit issued to the Applicant. The engineer's estimate will be provided as part of the final plat submission for the first final plat. 19. Prior to the approval of each final plat, the Applicant shall obtain driveway permits from the Garfield County Road and Bridge Department for all applicable Secondary Access roads that intersect County Roads 114 and 115. Roads 20. Roadways: The current preliminary plan application for Lake Springs Ranch PUD proposes five (5) separate accesses onto Garfield County Road 114, hereinafter "CR 114." Notwithstanding any future Board of County Commissioners amendments to current approvals which may be obtained for the currently proposed design of the roadway accesses for the Lake Springs Ranch PUD from CR 114 and the present design of improvements to CR 114 through the Lake Springs Ranch PUD, based on agreements and representations of the Applicant, the Applicant shall adhere to the following criteria. a. Grade of CR 114 at Intersections: At intersections with Lake Springs Ranch development roads, the vertical alignment of CR 114 shall have grades no greater than 5% for a minimum distance of 25 feet as measured from the centerline of the intersecting road. b. Grade of Intersection Road at Intersections: At intersections with CR 114, all Lake Springs Ranch development roads shall have grades no greater than 4% for a minimum distance of 62 feet as measured from the centerline of CR 114 and not to exceed 6% within 120 feet c. Angle of Intersections: Intersections shall be designed as nearly to right angles as possible, with no intersecting angles of less than 85 degrees. The centerline of intersecting roads shall be designed with a tangent at the intersection with a minimum tangent length of 60 feet as measured from the centerline of CR 114 to the Point of Curvature (P.C.) on the intersecting road. d. Proximity of Adjacent Intersections: Where two Lake Springs Ranch development roads intersect CR 114, the intersecting centerlines shall be directly aligned, or shall be separated not less than 200 feet as measured between intersection centerlines. In the event that one or both of the intersecting streets requires that CR 114 be provided with auxiliary lanes (acceleration and/or deceleration lanes) as provided for herein, then the intersecting street centerlines shall be offset sufficient distances so that the 8 minimum length of the auxiliary Janes, as required for herein, are provided and do not overlap. e. Requirement for Auxiliary Lanes: Intersections of all Lake Springs Ranch development roads shall be provided with auxiliary lanes (left deceleration lanes, right tum deceleration lanes, right tum acceleration lanes, and left tum acceleration lanes) applying criteria set forth in Section 3.9 of the most current version of the Colorado State Highway Access Code. f. Design Criteria for Auxiliary Lanes: The design of all required auxiliary lanes shall be in accordance with then applicable Garfield County specifications, as applicable, and Section 4 -Design Standards and Specifications of the most current version of the Colorado State Highway Access Code. g. Intersection Sight Distance: At intersections of Lake Springs Ranch development roads and CR 114, clear zones shall be designed and maintained to provide sight distance for the vehicle on the intersecting road (stop or yield) to observe a moving vehicle on CR 114. The clear zone shall be maintained free of all vegetation and objects taller than 24 inches except for traffic signs. The sight distance shall be measured from a point on the interesting road (stop or yield) which is 10 feet from the edge of pavement on CR 114. The minimum intersection sight distance for intersections with CR 114 based on a 35 MPH design speed shall be 350 feet. h. Access Points: Direct accesses onto CR 114 by individual lots shall be prohibited. No individual lot shall access a Lake Springs Ranch development road within a distance of 100 feet from an intersection with CR 114, as measured from the nearest edge of pavement of CR 114. i. Utilities and Street Construction: Street and road construction shall not proceed beyond subgrade preparation until all utilities which are intended to be placed under any part of the street or road are complete, including all service lines, and all utility trenches are backfilled and compacted in accordance with the street or road construction specifications as provided by a certified professional geotechnical engineer registered in the State of Colorado. j. Other Design Criteria: Except as modified above, CR 114 shall be subject to the following design parameters: 9 Garfield Countv Road 114 Desi211 Criteria Design Capacity (Vehicles Per Day) 2500+ Minimum Right of Way Width 80-feet Type of Surface for Driving Lanes and Asphalt Shoulders Prepared by Registered Geotechnical Engineer Pavement Design and Subgrade Based On-site Specific Soil Analysis and Stabilization Anticipated Traffic Volume for 20-Year Design Life Minimum Driving Lane Width 12-feet Minimum Shoulder Width 6-feet Ditch Width and Storm Drainage Designed by Professional Engineer to Provide Culvert Minimum Hydraulic Capacity to Convey Peak Flow From 100-year Storm Event Cross Slope 2% to 8% Based on Superelevation Design of Roadway by Professional En.rtineer Shoulder Slope Identical to Cross Slope Min. Design Speed (Miles Per Hour) 35MPH Minimum Centerline Radius (Feet) . Rate of Superelevation: Varies with Superelevation 2 % Crown Section 610-feet 2% 470-feet 4% 420-feet 6% 380-feet 8% 350-feet Minimum Percentage of Runout on 80% Taneent . Minimum Runout Length (Feet) Varies with Change in Rate of Superelevation Change in Rate of Superelevation: 4% 84-feet 6% 126-feet 8% 168-feet 10% 210-feet 12% 252-feet 14% 294-feet 16% 336-feet Maximum Centerline Grade 10% Minimum Centerline Grade 1% K-Value for Crest Vertical Curve 40minimum K-Value for Sag Vertical Curve SO minimum 10 21. A portion of CR 114 is to be re-aligned which is subject to the Garfield County Procedures for Vacating Public Roads and Rights-of-Way. The Applicant shall receive approval of this road vacation prior to recording of the applicable final plat. 22. Prior to first final plat approval, the Applicant shall conduct a geotechnical investigation of CR 114 from mile marker 3.1 to 100 feet east of the intersection of CR 115 and High Alpine Drive. Based on this analysis, provide a pavement section design to the Garfield County Planning Department for review. Affordable Housing 23. If Tract A is to be subdivided into further separate interests, the Applicant shall tender an application for the subdivision of the lot. 24. Affordable Housing: The location (on-site, off-site, or a combination of on-site or off- site) of the affordable housing, and an Affordable Housing Agreement reflecting these determinations sha11 be finalized prior to scheduling the first final plat application submitted subsequent to this Resolution for signature by the Board of County Commissioners. Vegetation 25. The improvements included with each final plat will include a revegetation provision for the disturbed areas associated with the improvements for the subdivision, along with security to guarantee that the revegetation has been successful. 26. Prior to the issuance of a building permit from the Garfield County Building Department on single family lots and the multi-family tract. an inventory of the existing vegetation and Harrington's Penstemon shall be done by the lot owner and receive a statement of approval from the Development Review Committee prior to building. ffistoric Preservation 27. Prior to the approval of the final plat for Block 3, the Applicant shall conduct further evaluations 'of the sites that potentially contain the prehistoric "open camp hearth." This information shall be provided to the Garfield County Planning staff for review. 28. Prior to the approval of the final plat for Block 2, the Applicant shall further investigation the historic value of the structures on Lot 3 . This information shall be provided to the Garfield County Planning staff for review. GIS 29. Once each final plat is approved, the Applicant shall provide the Garfield County Planning Department a digital copy of the final plat to a standard acceptable to the Garfield County Information Technology Department. II 1111 W."Jl'IK/1riM~rw-•~,zt~1, h~~J~!l-itrA11MU1 iw, 11111 Reception~: 876660 05/02/2016 04:06:57 PM Jean Alb,rlco 12 of 37 Rec Fee .SO 00 Doc Fee:0 .00 GARFIELD COONTY CO PUD Amendment 30. Prior to the signing of the Resolution the Applicant shall provide a clean copy. suitable for recordation, of the PUD Guide and PUD Plan. #) Ile/ Dated this _o(_-__ day of ---~--....te-=-..__ ____ _,, A.D. 20_F ...._y __ ATTEST: BOARD OF GARFIELD lerk of the Board Upon motion duly made and seconde following vote: =C=O=MM=IS=Sl=O=-NE=R:....;;C=H=A __ IR ........... JO=HN::..a..::.F_,_. MA==R::.=.T=IN_,__ ______ ____, Aye =C=O=MM=I=S=SI=O=-NE=R""""M=IKE= ..... S=AM=S:a..;:O=N_,__ _________ _, Absent __ C-=O=MM=l=S=SI.._O __ NE=R ..... T.....,O"""'M=JA __ N __ K __ O ___ V __ S=K .... Y ___________ _, Aye STATEOFCOLORADO ) )ss County of Garfield ) I. ____________ , County Clerk and ex-officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my band and affixed the seal of said County, at Glenwood Springs, this __ day of ______ _. A.O. 20 __ . 12 llll l}f.1MII-' lkH~~llff•t,MJmt il~~u,v~~lflJl11:..ii•.i), 11111 Reception#: 876660 05/0212016 04·06·57 FM Je~n Albe~lco 13 of 37 Rec Faa:so.OO Doc Fea:0.00 GARFlELO COUNTY CO County Clerk and ex-officio Clerk of the Board of County Commissioners 13 -. I/II IJPJl'\'~"rl•Mi~l'i,~~·,~,11,',I lllU~r,Hl¥.~'~ii1l, II Ill ReceptionH: 876660 05/02/2016 04:06:57 PN Joan Alberico 14 al 37 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO SECOND AMENDED LAKE SPRINGS RANCH PLANNED UNIT DEVELOPMENT .PLANNED UNIT DEVELOPMENT GUIDE I. INTRODUCTION I The purpose of this Second Amended Lake Springs Ranch Planned Unit Development Guide ("PUD Guide") is to serve as the governing regulations which will control use of land and establish development standards, supplemental regulations and guidelines for the development and properties within the Lake Springs Ranch Planned Unit Development ("PUD"), the Preliminary Plan for which was approved by Garfield County (the "County'') on ________ 2016, by ______ . This PUD Guide constitutes the zone district regulations for the PUD and defines, without limitation, the pennitted use of land and limitations or restrictions on the use of real property contained within the PUD, provides for open spaces, and includes additional supplementary regulations. All development within the PUD shall be administered by the County in accordance with the Land Use Development Code, as amended {"LUDC") and this PUD Guide. In the event of a conflict, the terms of this PUD Guide will control. It is acknowledged that prior to review by the County of any development applications governed by the Second Amended Declaration of Covenants, Conditions, Restrictions and Easements for Lake Springs Ranch PUD, Filing_ recorded in Reception No. _____ in the office of the Clerk and Recorder of Garfield County (the "Covenants"), the Development Review Committee (the "DRC") shall first approve any such applications. II. PURPOSE This PUD Guide establishes the zoning standards, restrictions and regulations that govern development and use of land and all development within the PUD in accordance with the PUD Zone Map incorporated as Exhibit B to this document. This PUD Guide intends to ensure that the PUD is developed as a comprehensive planned community that will encompass such beneficial features as a balance of residential uses and opportunities for recreational uses, preservation of significant and important open space and agriculture, creation of aesthetically pleasing environmental features and promotions of high standards of development quality through stringent site planning and controls. The Berkeley Family Limited Liability Limited Partnership, LLLP hereby makes, declares and establishes the following limitations, restrictions, and uses upon all real property contained within the PUD, running with the land and binding upon all future owners of any part of the land within the PUD, so long as these standards, restrictions and regulations and the PUD remain in effect ID. GENERAL LAKE SPRINGS RANCH PUD DESCRIPTION The PUD is a rural residential plaMed unit development, the approvals for which allow 194 single-family lots and 12 multi-family units on 459.38 acres. At the time this PUD Guide was amended, 76 of the 194 single-family lots had been sterilized through EXHIBrr A 1111 Wl'Jr'Plllr ~•ftrtril, h~ll1'.111•iXW~M1 ~ t\lf.1 i•1J, 11111 Reception~: 876660 OS/02/2016 04:06:57 PM Jean Alberico 16 or 37 Rec Fee:$0.00 Ooo Fce:0.00 GARFIELD COLtlTY CO conservation easements. The property is located in Spring Valley which is a broad, shallow valley located above and to the east of the Roaring Fork River Va11ey in eastern Garfield Couniy. Most of the single-family residential lots are situated on a west-facing slope overlooking the valley floor which extends to the northwest toward the rural resort town of Glenwood Springs. Much of the valley floor in the area of the Lake Springs Ranch property is currently used for agricultural and grazing purposes and provides an attractive rural setting for the subdivision. The single-family lots are arranged among the site's many natural features including existing ponds, sage meadows, and stands of pinion juniper and Gambles oak. Most of the lots offer expansive views of the valley and the surrounding mountains. The lots themselves are 0.6 to 1.7 acres in size and are served by a winding street system that passes through large open space areas. The subdivision includes nearly 265 acres of open space and agriculture preserve which is carefully distributed among the residential Jots and occupies much of the valley. The open space system also preserves areas of significant wildlife habitat and most of the site's important natural features. The open space system offers numerous opportunities for trails and other passive recreational facilities such as a central picnic facility, overlook/rest areas and wildlife interpretive stations. Most of the lots within the subdivision either abut or are across the street from designated open space. The subdivision also includes a neighborhood of multi-family housing units located in an area of the property that overlooks expansive adjacent ranch lands. The subdivision is served by a private central water system and a sewage treatment facility run by the Spring Valley Sanitation District. IV. DEFINITIONS The following are the definitions for the terms contained in this PUD Guide. A. Lake Springs Ranch PUD. The Lake Springs Ranch PUD (the "PUD") is • a Planned Unit Development zone district authorized by the County, Resolution No. 79- 64, No. 79-153 (Reception No. 300121), No. 2012-80 (Reception No. 823748), and No. 2016 -_ containing the property described on the attached Exhibit A, which may be amended from time to time. B. Building Envelope. The Building Envelope is that portion of each lot which is depicted and designated as the Building Envelope on a Plat. All structural improvements shall be located within the Building Envelope on a lot, except that driveways, walks, pathways, other similar features, fences, underground utilities, irrigation and drainage systems, and landscaping may be located outside the Building Envelope. C. Building Height. The distance, measured vertically, from the undisturbed or natural ground surface at the mid-point between the front and rear walls of a building to the top of a flat roof or mansard roof or to the mid-point between the eave line and the peak of a gable, hip, shed or similar pitched roof. D. Building Setback. The minimum distance of a required yard. 2 E. Design Guidelines. Design Guidelines are defined in the Covenants. The Design Guidelines establish architectural and building material standards, landscape design, site design standards and a design review process for development within the PUD and are adopted by the Design Review Committee ("DRC") and may be amended from time to time. The Design Guidelines sha11 be administered by the DRC. In addition to the Design Guidelines, the County may still retain certain jurisdiction for review of compliance with the Building Code. F. Lot Coverage. The portion of a lot which is covered or occupied by buildings, structures, parking and drives or any other impervious surface. G. Lot Size. The total horizontal area, being the area of the horizontal plane within the lot lines of a lot. V. APPROVAL OF CONSTRUCTION PLANS A. Design Guidelines. The DRC shall apply the Design Guidelines when reviewing proposed improvements on a lot. The Design Guidelines shall not be inconsistent with the Covenants, but shall more specifically define and describe the development standards for the PUD. 'The Design Guidelines may be modified or amended from time to time by the DRC to establish reasonable criteria, including, without limitation, requirements relating to design, scale and color, as the Association may deem appropriate in the interest of preserving the aesthetic standards of the PUD . Further, the DRC, in its sole discretion. may excuse compliance with the Design Guidelines that are not necessary or appropriate in specific situations. Compliance with the Development Review process shall not be a substitute for compliance with applicable governmental building, zoning and subdivision regulations. Each owner shall be responsible for obtaining all approvals, licenses and permits as may be required before commencing construction. B. Development Review Committee. The DRC shall consist of a minimum of three (3) members, each of whom shall either be (i) a representative of Declarant, (ii) an owner of a lot in the PUD or (iii) a local architect, landscape architect or engineer. C. Pre-submission Conference. Every owner proposing to make improvements to a lot shall meet in a pre-submission conference with the DRC to discuss the general nature and scope of the contemplated improvements, the Design Guidelines and the DRC's procedures prior to owner's expenditure of significant design fees. D. Development Review. The DRC shall review, study and either approve or reject proposed improvements, in compliance with the Covenants and the Design Guidelines. Each application for Development Review shall include such plans and specifications and other information as may reasonably be required by the DRC. In any Development Review, the DRC shall exercise its best judgment to see that all improvements conform and harmonize with any existing structures as to external design, quality and type of construction, materials, color, location of improvements, height, grade 3 and finished ground elevation and all aesthetic considerations set forth in the Covenants and in the Design Guidelines. The DRC may avail itself of technical and professional advice as it deems appropriate. The DRC shall make reasonable Rules and Regulations as it may deem appropriate to govern in such proceedings. The DRC's exercise of discretion in approval or disapproval of plans or with respect to any other matter before it shall be conclusive and binding on all parties, however is shall not excuse any part from compliance with applicable government building, zoning and subdivision regulations. E. Development Review Expenses. The DRC shall have the right to recover the reasonable costs and expenses of any technical and professional advice required to properly consider the application from the applicant. F. Decision of Committee. Any decision of the DRC shall be made within forty-five (45) days after receipt by the DRC of all materials and information required by the DRC, unless such time period is extended by mutual written agreement. The decision shall be in writing and if the decision is not to approve the proposed improvements, the reasons therefor shall be stated. The decision of the DRC shall be promptly transmitted to the owner at the address furnished by the owner. Any written request for approval of proposed improvements shall be deemed approved, unless written disapproval or a request for additional information or materials is transmitted to the owner within sixty (60) days after the date of receipt by the DRC of all required materials and information, unless such time period is extended by mutual written agreement. G. Prosecution and Completion of Work After Approval. Following an approval of any proposed improvements, the proposed improvements shall be completed by the owner: (a) in compliance with the Design Guidelines and with all applicable laws, regulations and codes, (b) in strict confonnance with all plans and specifications and other materials presented to and approved by the DRC; and (c) in accordance with any and all conditions imposed by the DRC. All improvements approved by the DRC shall be completed, including issuance of a Certificate of Occupancy and the removal of all construction equipment, materials and debris within twenty-four (24) months from the date of approval of such improvements by the DRC, provided, however, that any and all landscaping approved by the DRC which is related to the initial constr~ction ofa residence on a lot shall be completed no later than six (6) months immediately following the issuance of the Certificate of Occupancy for such residence. Any member or agent of the DRC may, at any reasonable time enter, without being deemed guilty of trespass, upon any lot, after reasonab_le notice to the owner, in order to inspect improvements constructed or being constructed on such lot, to ascertain whether such improvements have been or are being built or changed in compliance with the Design Guidelines, the approvals granted by the DRC, and the Covenants. H. Limitation of Liability. The DRC shall use reasonable judgment in accepting or rejecting plans and specifications submitted to it for Development Review. Neither the Association, Declarant, nor any officer, Executive Board member, DRC member or individual Association member shall be liable to any person for any act of the Association concerning submitted plans and specifications, except for wanton and willful 4 1111 W}::.S!'fllr fJ•11i~rM~. ll 11m1-1.,uri1'' ,\l\l\111 ivl, 11111 Receplion": 876660 05/0212016 04 :06·57 PM Jeai:i Albea ~!C~""F[ELD COUNTY CO 18 or 37 Reo Fce:$0.00 Doc ree; ·""'""" acts. Approval by the Association does not necessarily assure approval by any governmental authority having jurisdiction. Notwithstanding Association approval of plans and specification, neither the Association nor any of its.members shall be responsible or liable to any Owner, developer or contractor with respect to any loss, liability, claim or expenses which may arise because of approval of the construction of the Improvements. Neither the Executive Board, the DRC, the Association, nor Declarant, nor any of their employees, agents or consultants shall be responsible in any way for any defects in any plans or specifications submitted, revised or approved in accordance with the provisions of the Covenants, nor for any structural or other defects in any work done according to such plans and specifications. VI. CONSTRUCTION AND AL TERA TION OF IMPROVEMENTS A. General. The Design Guidelines and the provisions set forth in the Covenants shall govern the right of an owner to construct, reconstruct, refinish, alter or maintain any improvement upon, under or above any of the Property, and to make or create any excavation or fill on the Property, or make any change in the natural or existing surface contour or drainage, or install any utility line or conduit on or over the Property. In order to protect the Harrington's penstemon and other native vegetation, all construction activity, storage of materials, fill and debris, parking of vehicles and equipment shall occur within the Building Envelopes and shall be done in accordance with all other provisions of the Covenants, including the preservation and protection of Harrington's penstemon. 8. Approval Required. No improvement in the PUD shall be erected , placed, reconstructed, replaced, repaired or otherwise altered, nor shall any construction, repair or reconstruction be commenced until plans for such improvement shall have been approved by the DRC; provided, however, that improvements and alterations which are completely within a structure may be undertaken without such approval. C. Underground Utility Lines. With respect to the new construction of any improvements within the PUD or the extension of any utilities, all utility pipes or lines within the limits of the PUD shall be buried underground beneath roads and driveways, or in such other locations that shall seek to avoid the Harrington's penstemon, and not be carried on overhead poles or above the surface of the ground . Any natural vegetation disturbed by the installation of utility lines shall be revegetated within twelve (12) months of completion of any improvement by and at the expense of the owner causing the installation of such utilities. D. Size Restrictions of Dwellings. The minimum living area of the dwelling on any lot shall be 1,800 square feet, exclusive of all areas utilized for garages, decks and open porches. E. Specific Requirements for DweJlings. The maximum building height shall be as set forth herein. All construction materials shall be new, except for the limited use of antique treatments, fixtures and accessories. Log homes which are to be erected on a 5 log by log basis on a lot which may have been originally fitted together at a place other than the lot may be approved by the DRC. Without limiting the generality of the foregoing or the right of the DRC to impose additional limitations and conditions, reflective materials shall not be pennitted on the exterior of structures within the PUD without the prior written approval of the DRC. No mobile homes shall be allowed on any lot. F. Fireplaces and Stoves. No open hearth solid fuel fireplaces shall be allowed. One (l) new solid-fuel burning stove as defined by C.R.S. 25-7-401, et. seq. and the regulations promulgated thereunder will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of gas burning stoves and appliances. G. Fences and Hedges. The type and location of all fences and hedges will be subject to the approval of the DRC prior to installation. Only wooden fences shall be permitted within the Property, with limited exceptions for small gardens, kennels, play areas for small children or otherwise and only in circumstances where a wooden fence would not serve the required purpose. Barbed wire fencing shall be prohibited. The DRC shall consider the effect on wildlife activity prior to approving any requested fencing. Wood fencing shall not exceed forty-two (42) inches in height, shall not have more than two (2) horizontal rails with spacing of at least eighteen inches (18") between rails and with the bottom rail at least twenty-four inches (24") above the ground. Lot boundary perimeter fencing shall not be allowed. H. Landscaping. No landscaping shall be performed on any lot unless a landscaping plan therefor has received the prior written approval of the DRC. A landscaping plan for each lot must be approved by the DRC before construction is commenced on the residence on that Jot. In each instance, an approved landscaping plan shall be fully implemented and performed within the six (6) month period immediately following (i) the issuance of a Certificate of Occupancy for a residence constructed on a lot, or (ii) the approval of the landscaping plan by the DRC in all instances not involving the construction of a residence on a lot. Notwithstanding the foregoing, no review or approval shall be required for the replacement or replanting of the same or similar kind of trees, or plants, or flowers, or other vegetation that has been previously approved by the DRC for the lot in question, in the previously approved location therefor. Any material change in the type or location of approved landscaping vegetation shall require the further approval of the DRC. Landscaping shall be primarily indigenous plant life from a plant list to be established by the DRC. Irrigation of landscaped areas shall be subject to guidelines promulgated by the DRC. Each Owner shall diligently maintain, trim, weed, cultivate, husband, protect, preserve and otherwise keep in a healthy and attractive condition the shrubs, trees, hedges, grass, planters, gardens and other landscaping upon the Owner's lot, including, without limitation, the removal of dead and diseased branches and brush and the performance of other tasks necessary to remove or eliminate material which constitutes or creates a fire hazard or nuisance, and shall keep the Owner's lot free of any prohibited plants. Each Owner shall cooperate with the Association in its fire protection husbandry program for reduction of fire hazard within the PUD. Each Owner 6 1111 Hi".1~\lil-' l.l 1l#1it ,H.•il!.!A 1~ :&nhlr,~,ii.•.!iv~l~•.ivi, 11111 Reception": 876660 05/02/2016 D4:06:67 PM JeAn Albe~lca 20 of 37 Rec Fee:SD.00 Doc Fee:0 .00 GARFIELD COUNTY CO sha11 also maintain all paved, concrete and other synthetically surfaced areas within the Owner's lot, including but not limited to, driveway and parking areas, in good condition and repair. 1. Removal ofNonconforming Improvements. The Association, after reasonable notice to the Owner, may remove any improvement constructed, reconstructed, refinished, altered or maintained violating the Covenants, and the Owner shall immediately reimburse the Association for all expenses incurred in such removal. J. Fire Protection District Recommendation. Each Owner shall adhere to the recommendations of the Carbondale and Rural Fire Protection District and the Wildfire Hazard Review prepared for the PUD by Rocky Mountain Ecological Services, Inc. and dated April 201 l. K. Design Criteria for Common Elements 1. Open Space. Open space shall generally remain in a natural state and the Association shall perform necessary weed control and management. The open space shall be disturbed in the following areas: i. Cut and fill slopes from the proposed roads outside of the right of way as shown on the Preliminary Plan. ii. The Tank Road grading, water treatment building, and water storage tank shall be contained within an easement within the open space. The proposed design of the Tank Road is attached hereto as Exhibit C. Hi. The existing water wells and well pumps and water supply lines shall be in an easement within the open space. iv. Various underground utilities shall be in an easement within the open space. v. Improved drainage channels shall be graded as necessary during each phase of the project within the open space. vi. "Utility Access Roads 11 to allow Spring Valley Sanitation District to access proposed manholes shall be within the open space. The proposed design of the Utility Access Roads is attached hereto as Exhibit D. vii. Relocated overhead electric lines shall be in easements within the open space. 7 1111 w,~ .. n'"KfNj~,rM•T ~',J,'P.111 ~ h•: ~,r-\~=~~ ,~,. WM, 11111 Receplianff: 876660 05/02/2016 04,06:57 PM Jaan Alba~ico 21 or 37 Rae Fea,S0.00 0cc Fee,0 ,00 GARFIELD COUNTY CO • 3. viii. Sod farm irrigation operations shall continue to be based out of the existing pond within the open space. 2. Trail. A four foot wide pedestrian trail will be located within the open space. Trail grades wilJ be between 5% and l 0% with a maximum of 15% for short runs. Grade dips will be placed every I 00 feet. Culverts will be placed beneath the trails in all major drainage ways to convey runoff. There will be no signage long the trails. Native rock will be used for slope retention where necessary. There will be no grading necessary where cross slopes are 5% or less along the trail. The proposed design of the trail is attached hereto as Exhibit E. The alignment of the trail as shown on the Preliminary Plan is approximate and the actual alignment shall be determined in the field to avoid disturbing the natural habitat and existing vegetation. The trail shall be maintained by the Association to a good and usable standard . Road Right of Ways. All interior and secondary road right of ways shall be designed, constructed and revegetated in accordance with road standard approvals granted by the Garfie]d County Board of County Commissioners and inc]uded in Resolution No. 2016-. VD. ZONE DISTRICTS The PUD is divided into the following zone district classifications each of which is defined in detail herein: PUD/R/S.F . PUD/R/C.H. PUD/AP. PUDOS Residential/ Single-Family District Residential / Cluster Housing District Agricultural Preserve District Open Space District These districts are graphically identified on the final plat for the PUD and on the PUD Zone Map. A. PUD/R/S.F. PUD Residential/ Single Family District The uses pennitted within the Residential/ Single Family District, together with the regulations affecting the usage of the land contained therein, shall be as follows: 1. Uses, by right. Single-Family dwelling and customary accessory uses including buildings for she]ter or enclosure of smaJl animals or property 8 accessory to use of the lot for single family residential purposes and fences, hedges, gardens, walls and similar landscape f ea tu res. Park and Greenbelt, along with trails and other passive recreational facilities. Accessory building or structure necessary to agricultural operations, accessory uses to agricultural operations. All agricultural uses described in the Deed of Conservation Easement recorded December 22, 2004 in the office of the Garfield County Clerk at Reception No. 665794 as subsequently amended and in •the Deed of Conservation Easement recorded October 24, 2005 in the office the Garfield county Clerk at Reception No. 684872 as subsequent]y amended. Existing sod farm operation and related landscape implement and materials dealer. 2. Uses, Administrative Review. Accessory Dwelling Unit. 3. Uses, Limited Impact Review. None 4. Uses, Major Impact Review. None. 5. Minimum lot area . . 5 acre. 6. Maximum lot coverage. 15% 7. Building setback. Front yard. 30 feet Side yard. 20 feet Rear yard. 50 feet 8. Maximum Building Height. 25 feet 9. Off-Street Parking/ Residential. Two parking spaces per dwelling unit. 9 1111 IJfa1!:+lt'~C.'l1ril'.,l1H.rt/!1fl 1(•l~IIL \~1' I.tr~ illw.11111 Recepllonff: 876660 05/02/2016 04:06:57 Pn Jean AlbarJco 23 or 37 Rec FH,SO .0O Doc FH ,O.OO GRRFJELO COUIITT CO B. PUD/R/C.H. PUD Residential / Cluster Housing District The uses permitted within the Residential/ Cluster Housing District, together with the regulations affecting the usage of the land contained therein, shall be as follows: l. Uses, by right. Single-family dwelling, duplex dwelling, triplex dwelling, townhomes and customary accessory uses including buildings for shelter or enclosure of small animals or property accessory to use of the lot for residential purposes and fences, hedges, gardens, walls, and similar landscape features. Park and Greenbelt. 2. Uses, Limited Impact Review. None. 3. Uses, Major Impact Review. None 4. Minimum Cluster Housing lot area. a. The Cluster Housing Lot shall be as shown on the PUD final plat. b. Lots within a Cluster Housing Lot shall have no minimum lot area. 5. Maximum Coverage of the Cluster Housing District. a. 20 percent of the total District area. b. Lots with the R/C.H. District shall have no coverage limit except that the combined coverage of all internal lots shall not exceed the 20 percent maximum of the total District area. 6. Building Setback from the Cluster Housing District Boundary. a. 50 feet. b. Lots within the R/C.H. District shall have no setback requirement. 7. Maximum Building Height. 25 feet 8. Off-Street Parking • Residential/Cluster Housing. I Bedroom 2 to 3 Bedrooms 2 spaces per dwelling unit 2.5 spaces per dwelling unit 1111 WJPJD'llKr~r~J-rH1tk'r'll~11\u~Jt.Wr-ti'1A!it, IIY!1 11111 Receplian#: 876560 0510212016 04:06:57 PM Jean Alberico 24 of 37 Rae Fee:S0.00 Doc Fee:0,00 GARFIELD COUNTY CO 4 Bedrooms 3 spaces per dwelling unit C. PUDIAP Agriculture Preserve District The uses permitted within the Agricultural Preserve District, together with the regulations affecting the usage of the land contained therein, shall be as follows: l. Uses, by right. Agriculture, pedestrian trail, open space and wildlife preservation and all others specified in the Deed of Conservation Easement held by the Aspen Valley Land Trust and recorded December 22, 2004 in the office of the Garfield County Clerk at Reception No. 65794 as subsequently amended and in the Deed of Conservation Easement recorded October 24, 2005 in the office of the Garfield County Clerk at Reception No. 684872 as subsequently amended. Specifically included is the existing sod farm operation and related accessory uses including the landscape implement and materials dealer. 2. Uses, Limited Impact Review. None. 3. Uses, Major Impact Review. None 4. Minimum lot area. NIA. 5. Maximum Jot coverage. NIA 6. Building Setback: Front Yard. 40 feet Side Yard. 40 feet Rear Yard 40 feet 7. Maximum Building Height. 25 feet D. PUD 10 .S. Open Space District The uses permitted within the Open Space Distr ict, together with the regulations affecting the usage of the land contained therein, shall be as follows: 11 1111 WIP.11»),~~,1~¥1l~1r.rl.~',:i11i·,,r :ri~.&1fi•,iv~ 11111 Receptiontt: 876660 05/02/2016 04,06:S7 p~ Jean Alboaoroic~~RF1ELO COUNTY co 2s gr 37 Rec Fea:S0.00 Doc Feo: . v~ I. Uses, by right. Recreational including, hiking trails, picnic shelters, private stables, private riding arena, pasture, water impoundments and customary accessory uses including buildings for shelter or enclosure of animals or property employed in any of the above uses. Utility facilities including wells, water storage tank, pump house, water and sewer lines, irrigation lines and equipment, and any roads necessary to access and maintain these facilities as shown on the approved subdivision plans. Recreation Vehicle Storage. Park and Greenbelt. 2. Uses, Limited Impact Review. None. 3. Uses, Major Impact Review. None 4. Minimum lot area . . 5 acres. 5. Maximum lot coverage. 15% 6. Building Setback. Front Yard. 40 feet Side Yard. 40 feet Rear Yard 40 feet 7. Maximum Building Height. 25 feet VIII. MODIFICATION AND AMENDMENTS. Modification and amendment of this PUD Guide shall be done in accordance with the LUDC and Covenants. In as much as a modification or amendment to this POD Guide also amends provisions in the Covenants, approval of the modification or amendment shall be approved by the members in accordance with the Covenants. 12 1111 w,1Pa1t1111.r,,1fUrWii~1m,t i'.!1:l~~~rr•tw~, i?A 11111 Receptiontt: 876660 05/02/2016 04:06:57 PM Jean Albo~ico 26 ar 37 Rec Fee:S0 00 Dec Fee,o .oo GARF IELD COUNTY co IX. RECORDING Upon approval by the County, this PUD Guide will be recorded in the office of the Clerk and Recorder of Garfield County, Colorado. X. ENFORCEMENT A DRC and the Association shall have the responsibility for interpreting and enforcing this PUD Guide, provided, however, the County shall have the independent right and responsibility to enforce the provisions of this PUD Guide. The County expressly reseryes the right to refuse to approve any application for a building permit or certificate of occupancy for the construction or occupancy of any building or structure if said building or structure fails to comply with this PUD Guide or any other applicable provisions of the LUDC or other applicable law, rule, or regulation or condition of approval of the project. This provision shall not be construed as a waiver by any appropriate party, including, without limitation, any owner, the Association, the DCR, or the developer, of any right to appeal, pursuant to the appeal rights otheiwise applicable under the LUDC, County building codes or other applicable Jaw. XI. SEVERABILITY If any provision of this PUD Guide, or its application to any person, entity or circumstance, is specifically held to be invalid or unenforceable by a Court of competent jurisdiction, the remainder of this PUD Guide and the application of the provisions hereof to other persons, entities or circumstances shall not be affected thereby and, to that end, this PUD Guide shall continue to be enforced to the greatest extent possible consistent with law and the pubJic interest. This PUD Guide shall be modified as necessary to maintain the original intent of the PUD Guide. 13 Exhibit A LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 5 AND 6, SECTION 32, LOTS 7, B, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23 AND THE NE 1/4 SE 1/4 OF SECTION 33, SW 1/4 SW 1/4 AND THE NW 1/4 SW 1/4 OF SECTION 34 ALL IN TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, AND ALSO LOTS 1, 2, 3 AND 9 OF SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNlY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 33, A 2-112" BRASS CAP L.S. NO. 5933 FOUND IN PLACE, THE POINT OF BEGINNING: THENCE N. 89°40'02" W. ALONG THE SOUTHERLY BOUNDARY OF SAID SECTION 33 A DISTANCE OF 2502.71 FEET TO THE SOUTHWEST CORNER OF SAID GOV'T LOT 20, A 3-1/4" ALUMINUM CAP L.S. NO, 19598 FOUND IN PLACE; THENCE N. 01°58'08" E. ALONG THE WESTERLY BOUNDARY OF SAID GOV'T LOT 20 AND 17 A DISTANCE OF 2,064.02 FEET TO THE NORTHWEST CORNER OF SAID GOV'T LOT 17, A 3-1/4" ALUMINUM CAP L.S. NO. 19598 FOUND IN PLACE; THENCE N. 87°10'45" W. ALONG THE SOUTHERLY BOUNDARY OF SAID GOV'T LOT 9 AND 6 A DISTANCE OF 1,382.36 FEET TO THE SOUTHWEST CORNER OF SAID GOV'T LOT 6; THENCE N. 01°43'36" E. ALONG THE WESTERLY BOUNDARY OF SAID GOVT LOT 6 AND 5 A DISTANCE OF 1,290.42 FEET TO THE NORTHWEST CORNER OF SAID GOV'T LOT 5 (WHENCE A WITNESS CORNER TO THE NORTHWEST CORNER OF SAID LOT 5 BEARS N. 01°43'36" E. A DISTANCE OF 29.83 FEET); THENCE S. 89°05'51" E. ALONG THE NORTHERLY BOUNDARY OF SAID LOTS, A DISTANCE OF 1,166.84 FEET TO THE NORTHEAST CORNER OF SAID LOT 5, A 3-1/4" ALUMINUM CAP L.S. NO. 19598 FOUND IN PLACE; THENCE S. 89°12'41" E. ALONG THE NORTHERLY BOUNDARY OF SAID GOV'T LOT 8 AND 7 A DISTANCE OF 1,529.49 FEET TO THE NORTHEAST CORNER OF SAID LOT7, A 2-1/2" GARFIELD COUNTY SURVEYOR ALUMINUM CAP FOUND IN PLACE; THENCE S. 01 °58'10" W. ALONG THE EASTERLY BOUNDARY OF SAID LOT 7 A DISTANCE OF 838.23 FEET TO THE SOUTHEAST CORNER OF SAID LOT 7, A 2-1 /2" ALUMINUM CAP L.S. NO. 5933 FOUND IN PLACE; THENCE S. 88°25'59" E. ALONG THE NORTHERLY BOUNDARY OF SAID GOV'T LOT 11 A DISTANCE OF 1,113.33 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 33, A 3-1/4" GARFIELD COUNTY SURVEYOR ALUMINUM CAP FOUND IN PLACE; THENCE S. 88°25'59" E. ALONG THE NORTHERLY BOUNDARY OF SAID GOV'T LOT 12 A DISTANCE OF 1,255.38 FEET TO THE CENTER-EAST SIXTEENTH CORNER OF SAID SECTION 33, A 2-1/2" ALUMINUM CAP LS. NO. 5933 FOUND IN PLACE; THENCE S. 88°25'59" E. ALONG THE NORTHERLY BOUNDARY OF THE NE 1/4 SE 1/4 OF SAID SECTION 33 A DISTANCE OF 1,255.38 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 33, A 2-1/2" ALUMINUM CAP LS. NO. 5933 FOUND IN PLACE; THENCE N. 89°59'25" E. ALONG THE NORTHERLY BOUNDARY OF THE NW 1/4 SW1/4 OF SAID SECTION 34 A DISTANCE OF 201.90 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY S. 03°45'23" E. A DISTANCE OF 1,233.01 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID NW 1/4 SW1/4; THENCE N. 89°02'47" E. ALONG SAID SOUTHERLY BOUNDARY A DISTANCE OF 807.09 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY S. 02"50'09" E. A DISTANCE OF 1,220.54 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF THE SW 1/4 SW1/4 OF SAID SECTION 34; THENCE S. 88"10'28" W. ALONG SAID SOUTHERLY BOUNDARY A DISTANCE OF 984.24 FEET TO THE SOUTHEAST CORNER OF SECTION 33, A 2" BUREAU OF LANO MANAGEMENT ALUMINUM CAP FOUND IN PLACE; THENCE S. 16°39'59" W. A DISTANCE OF 217.38 FEET; THENCE S. 27°00'32"W. A DISTANCE OF 277.20 FEET; THENCE S. 48°11'02"W. A DISTANCE OF 452.97 FEET; THENCE N 89°49'27" W. A DISTANCE OF 293.51 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET AND CENTRAL ANGLE OF 54°02'27", A DISTANCE OF 188.64 FEET (CHORD BEARS N. 62°47'31"W. A DISTANCE OF 181 .72 FEET); THENCE N. 35°45'36" W. A DISTANCE OF 8.96 FEET; THENCE S. 57°47'34" W. A DISTANCE OF 100.68 FEET TO A POINT IN AN EXISTING FENCE; THENCE S. 10°53'01" E. ALONG SAID FENCE A DISTANCE OF 648.15 FEET TO AN ANGLE POINT IN SAID FENCE; THENCE CONTINUING ALONG SAID FENCE N. 89°15'38" W. A DISTANCE OF 1,728.64 FEET TO A POINT IN THE WESTERLY BOUNDARY OF THE SW 1/4 NE 1/4 OF SAID SECTION 4; THENCE N. 00°13'22" W. ALONG SAID WESTERLY BOUNDARY A DISTANCE OF 1,342.18 FEET TO THE POINT OF BEGINNING: SAID PARCEL OF LAND CONTAINING 459.376 ACRES, MORE OR LESS. ... - ►,, •.£~:- ~•"l'j ~' C l . ~3 t~r --~~tr~.-_:·!~ 'i/-· ~~,.,..~;•c • "!. \, .,-, :,J~'·~1faf ., ,. :; ;'.;;' - ,,r., ···!• ·•"':" ' . -,1 ~ •• 1B -:. {'\-...... :LL \ ... -~..-.. . :· ., . ,Jr 1 _, I # , .... ~ • I N ' a. _, i I I II 1~§!! ,~~iii • . :. 1-1 I-llilliioliiiiliill liiffilllii!llllliilil!l lll!iiilllill I JHmmnmmJ nimunmmimnmmmn nn~mnmmn i~mnmnmmmn mmmm~ 111111111111111111 llfllllllllllllllllllllllllllllll IIIIIDIIIIIIHIUII lllllllllllltllfflllllllUI IWIIIJIPIII 111111111111111111 11mmmmmuu11111111m1 11nn111ffii1mrn lfflllHI~ u1111- fWIWHIHilHI DIIIUllllllmlmsmumun IHHillDIHHDlll -«Wllllllllimi i"".m, HIHIIIIHIHIUI 1111mm11111uiimimill1111 nmu'iiii11om1 nummmu11ummu 110'imlllll N EXHIBIT I? , llll lf,1r.-11\1,r11r~.-l'il1,P.1lrn,-..rlfi ,~.," I\H ·~. IJ1l\'I, ., 11 I Receptloni: 876660 05/02/2016 04:0&:57 PM Jean Alberico 30 of 37 Rae F••:SO 00 l)Qc Fee :0 .00 GARFIELD COUNTY CO Hlc;H COUNTRY ENGIHEERIHG, INC. tHr ........ ---. ... i•1• ..,......,....,ca ■t•• ,,,.....,.....,.,,,...,. ...... ---......... i. ii .- I 1111 w.1~.rlkil~l,•~W-rHit ~ ~~rNl lli'l~W.UP1I: r: ~•· IK•M 11111 Reception~: 876660 QS/02/2016 04 :06:57 PM Jean Alb•~lca 31 of 37 Rec Fee:S0.00 Doc Fee :0 .00 GARFIELD COUNTY CO MATCHTOSHEETPLAN-04 HIGH COUNrftYENGINUIUNG, INC. """ ,.,,. ..... ...,...,c,.,., ••• ................... , ,.... .............. .,...... ..1 .. www.-.-- 1111•1 bllt•❖• PI I lfflf~1 '~1 1 1 1 ff I !i I ft 11 I I ii ■Ill ffi''Jllf'rll,W'NNIIYI " 1ll \'Ifft ll'rllTl'IN''flilUl·, l\a'/ll ■1111 Reception~: 876660 05/02/20\6 04,05:57 PN Jean Albe~lco 32 of 37 Rec Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO ii i! , MATCHTOSHEETPLAN-05 HIGH COUHIRY ENGIN£ERING, INC. -=-~=~~Ji. ......... ....,..p ......... 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WWW-KcallLcnl I -"'16111B--=i:r' ,...,.a-,NJ . ......... ,.... ........ n1 I II II 1 111 ~ r11p1 " 111 I, i. ·1 'I ·-I : I I I • I I I '' I I " ;I II I '11' I I I : I .,, ' ~ ,, -----... , \, ' , .. -... ' ',, ,-.._ ''\ 'f l_.; '-.\1/,I/ , ' .,_ '\ .... '~ :, ,' _::~ / , ... __ , / \ -----., ----------.. ;:::::_: . ! \ 1 I I \ \ I I, I . ~ .I ... /> ,,-- I I I I HIGH C0UN11tY'l!:HIIIHDIUHG, IHC. t■O---AVDaa.11'9 tit • .................... ,......,.....,..r.-.,..,.... www-...- - Ill !;s ~~ n :c :11 C: p ~'llmil:ill" 1.»GUIN7 . .. ..,.. ......... ~ ■Ill ll'l'J'11PftiU'fl'N'IIV(iP.-ifir~ lll'~ft ~1r11r,,•r,i 111Yi ■I Ill Recepllontt: 876660 05/02/2016 04:06:57 PM Jean Albarico 37 of 37 Rec Fee :SO.O0 ODO Fee:O.OO GARFIELD COUNTY CO ~1~111 111111 I p 11111 I I I I I I, : I ,, l I J; 'I ·-• HJaH COUNTRY'DtGINm!RING, INC. ,.,? .... ~-···~ ..,... ........... . ,.....,.....,..,,. ... ..... -~ __ ....,..,. __ _ STATE OF COLORADO ) )ss County of Garfield ) At a meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building, in Glenwood Springs on, Monday, the 11 th day of April 2016, A. D. there were present: John Martin Commissioner Chairman Mike Samson (absent) • Commissioner Tom Jankovsky , Commissioner Kevin Batchelder , County Manager Tari Williams County Attorney Kelly Cave , Assistant County Attorney Jean Alberico Clerk of the Board when the following proceedings, among others were had and done, to-wit: RESOLUTION N0.2d{h • D 6 A RESOLUTION CONCERNED WITH THE APPROVAL OF A ZONE DISTRICT AMENDMENTTOCORRECTTHEZONINGOFTHEBOUNDARYOFTHELAKE SPRINGS RANCH PUD APPROVED BY RESOLUTION 2012-80. THE PROPERTY IS OWNED BY THE BERKELEY FAMILY LLLP LOCATED IN SECTIONS 32, 33, AND 34, TOWNSHIP 6 soum, RANGE 88 WEST AND SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL NO.s # 2187-321-09-023; 2187-333-09-022; 2187-334-00-106; 2187-334-00-107 Recitals A. The Board of County Commissioners of Garfield County, Colorado (Board), received a Preliminary Plan Amendment and Planned Unit Development (PUD) Amendment application for the Lake Springs Ranch PUD, a 459.38-acre property owned by the Berkeley Family LLLP located 3 .5 miles southeast of Glenwood Springs, CO in unincorporated Garfield County, Colorado. This application aJso included a request to correct the Garfield County zoning map based upon approvals granted by the Board in Resolution 2012-80. B. As part of the public hearing for the Preliminary Plan and PUD Amendments, the parties determined that a zone district amendment is needed for the boundary of the subject site as granted by the Board of County Commissioners in Resolution 2012-80 which allowed revision of the PUD boundary. C. The correction is needed based upon approvals granted to amend the PUD boundary based upon a Boundary Line Adjustment for the CMC parcels, located adjacent to the subject property, and as more particularly described in Reception Number 828747 of the Garfield County I Clerk and Recorder's records, and a Boundary Line Adjustment for the Nies]anik parcels, also located adjacent to the subject property, and as more particularly described in Reception Number 828750 in the records of the Garfield County Clerk and Recorder. D. A Pub1ic Hearing was held by the Garfie]d County Planning Commission on February 10, 2016, at which time the Planning Commission voted unanimously to foiward a recommendation to the Board of County Commissioners to approve the requested amendments to the PUD and Preliminary Plan, and which further identified the required necessary corrections to the PUD boundary approved by Resolution 2012-80. E. On April 11, 2016, the Board of County Commissioners opened a public hearing upon the question of whether the Zone District Amendment should be approved, approved with changes, or denied. At said hearing, the pub1ic and interested persons were given the opportunity to express their opinions regarding the issuance of said zone district amendment. F. The Board of County Commissioners closed the public bearing on April 11, 2016, to make a final decision: G. The Board on the basis of substantial cmp.petent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that al] interested parties were heard at that meeting. 3. That for the above stated and other reasons the request to rezone the property is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application has met the requirements of the Garfield County 2013 Land Use and Deve]opment Code, as amended. 5. That.the application is in general conformance with Garfield County Comprehensive Plan 2030. RESOLUTION NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. 2 1111 ~r.-,at11,r1 M1~1h'tl,1Mi,~1\'1:I ~•rf Pl>U~~J h;'~ll.1111 1 Reception": 876835 05/05/2016 03:01:32 PM Jean Rlberico 3 of 8 Rec Faa ,SD DD Doc Fee:D.00 GARFIELD COUNTY CO B. The Z.One District Amendment for the boundary of the Lake Springs Ranch PUD is hereby amended. ADOPTED this ATTEST: GARFJELD COUNTY BOARD OF SSIONERS. GARFIELD ,COLORADO .......... of the Board Upon motion duly made and seconde the following vote: r.:Jo::!.hn~M=arti=·~n _______________ _, Aye .=.:M=i=ke:..S:.:a::.:.m::.::s~o=n _______________ _, Absent .,,,T.::.om~J~an~k=o:..:.v=sk~Y---------------• Aye STATE OF COLORADO ) )ss County of Garfield ) I, ___________ _, County Clerk and ex-officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County. at Glenwood Springs, this_ day of _____ , A.D. 2016. County Clerk and ex-officio Clerk of the Board of County Commissioners 3 '··-···--·l rings Ranc ·h PUD ~ I II' i .. • • I • • I \ .\ \ r ·---: . I I • ' L-----3$---~---•-· l I I 4 .. 1ICMC to Berkeley (5,68 Acres) ;17.81.Acres) ,, ' Berkeley AcreJ) ACREAGE SUMMARY Parcel Transaction IA CMC to Berkele 1 1B ICMC to Berkeley C IBerlceleyto CMC D -INelslantk Parcel ~ I I I N~t. Change to LSR ,. 1111 WJr.R:l"W.~l'll~.~.~.~~fh)f,1~lHN~\~lii.•W 11111 Reception": 876835 OSfD~/2016 03 :01 :32 PN Jean AlberJco 4 of 8 Rec Fao:$0.00 Doc Fae ,0.00 GARFIELD COUNTY CO Acres 5.68 4.29 -10.01 17.81 11.n, Zoning Comparison <>no,ktMl,y r~111dy U•IWPutnm!>lit 59,lf Coaraty ,"Ill u, ~ s,,t11g1, CalosoMofldal P"l'ld.,. 'ICM&llc,y~W: 402Pltl,,°""' Cla,woo4Jptt.,.. Calon ... llUDI PH,'70-V'54152 E-1mtL !pa~ May,2D15 Legend li2J land Swap Parcels C::J LSR Property Boundary c:J Rural Zone Dlshfct c:J PUD Zoning N + No Scale N...th Amatqq 1'27 ( lhilwKII Tra11MnCMc lllbfot;GMt,1'1,..&.1 Mlp•m"-N1141 .... I Iba c,licW Coanty ..ist1119b_.cna_ -ta1na1 In IM~, 4a~---·- lo the ICl:llt1Cy a(""' ' the C&tkLI County GI 1>i =r1 J&S Nieslnnil<, LLLP to 1111 w,1~"1L1~,,~ r-1 1utr, Kt~ 1 ~J l\:H.~~~~~t~ll\ ~,11',i\·~. 11111 Rece~l!on~: 876835 05/05/2016 03:01:32 PM Joan Alberico 6 of 8 R~c Fee:S0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBITB Parcel D on Zoning Comparison Map The Bc.-kcley Family Limited Partnership A parcel of Jnnd situated in the NEl/4 of Section 4, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colomdo; said parcel being more parliculnrly described as fo11ows: Commencing at the northeast comer of said section 4, a BLM aluminum cap in place, the Point of Beginning; thence S16°39'55"W 217.38 feet thence S27°00'32"W 277.20 feet; thence S48°11 '02"W 452.97 feet; thence N89°49'27"W 293.53 feet; thence along the arc of n curve to the right having n radius of200.00 feet and a central angle of 54°02'08''. a distance of 188.62 (chord bears N62°47'22,,\V 181 .71 feet); thence N35°45'36"W 8.96 feet; thence along the arc of a non-tangent curve to the right having u rndius of330.00 feet and a central angle of 17°32'59", a distance of 101.08 feet (chord benrs S57°47'34,,W 100.68 feet); thence S10°53'01"E 106.92 feet; thence N89°46'50"W 285.66 feet to a point on the easterly boundary of thnt pmperty described in Reception No. 462134 of the Garfield County Cle1·k and Recorder's Office; thence N00°18'44"W along said easterly boundai·y 336.70 feet; thence continuing along said easterl)' boundary N89°51 '49"E 213.40 feet; thence continuing along said easterly boundary N00°16'49"W 489.84 feet to a point on the northerly boundary of said section 4; thence along said northerly boundary S89°49'20"E 1127.68 feet to the lrue point of beginning~ said parcel containing 17.809 acres, more or less, said parcel to be merged with n tract of land presently identified as Reception No. 518315, Book No. 1047, Page No. 914 in the records of the Clerk and Recorder of Garfield County. Counly of Garfield Slale ofColorndo ■Ill ~l\'.i.l11a1trJJ1rl',ftfifill:IV',~~M1flj~Na~i~ 11111 Rcoep\Jon#: 828747 12/19/2012 02:41:22 PN Jean Alberico 10 or 12 Reo Foo:S66.00 Ooo Fc ■:O.QO GARFIELD COUNTY CO Stale of Colorado Resulting Legal Dcsc1iption -The Berkeley Family Limite,1 Pal'tncrshin A Parcel of land situated in government Lois 5 nnd 6, Section 32, Lots 7, 8, 9, 10, 11, 12, 131 14, 15, 16, 171 20, 21, 22, 23 and the NE1/4SE1/4 of Section 33, SW1/4SW1/4 and the NW1/4SWl/4 of Section 34 all in Township 6 South, Range 88 West of the 6th Principal Meridian, and also Lots I, 2, 3 and 9 of Section 4, Township 7 South, Runge 88 West of the Sixth Principnl Meridian, County of Garfield, State of Colorado, said parcel being more particularly described ns follows: Commencing nt the South Qum1er Comer of said Section 33, A 2-1 /211 brass cap L.S. No, 5933 found in place, the point ofbegimung; thence N. 89°40'02" W. along the sourtherly boundary of said Section 33 n distance of2502.71 feet to the southwest comer of said Gov't Lot 20, a 3-1/4" aluminum cap L.S . No. 19598 found in place; thence N. 01 °58'08''. E. along the westerly boundary of said Gov't Lot 20 AND 17 a distance of2,064.02 feet to the 1101thwest comer of said Gov't Lot 17, a 3-1/4" aluminum cap 19598 found in place; thence N. 87°10'45" W. along the southerly boundary of said Gov't Lot 9 AND 6 a distance of 1382.36 feet to the southwest comer of snid Gov't Lot 6; thence N. 01 °43'36" E. along the westerJy boundary of said Gov't Lot 6 AND 5 a distance of 1290.42 feet to Ute northwest comer of said Gov't Lot 5 (whence n witness comer to the northwest comer of snid Lot 5 bears N. 01°43 '36" E. a distance of 29.83 feet); thence S. 89°05'51 '' E. along the no11herly boundary of said Lot 5, n distance of 1166.84 feet to the northeast corner of said Lot 5, n 3-1/4" aluminum cap L.S. No. 19598 found in place; thence S. 89°12'41" E. along the northerly boundary of said Gov't Lot 8 AND 7 a distance of 1529.49 to the northenst comer of said Lot, a 2-1/2" Garfield County S\uveyor aluminum cap found in placej thence S. 0 I 0 58' JO" W. along the easterly boundary of snid Lot 7 n distance of838.23 feet to the southeast comer of snid Lot 7, a 2-1/211 aluminum cap L.S. No. 5933 found in pince; thence S. 88°25'59" E. along the northerly boundal'y of said Gov't Lot 11 a distance of 1113.33 feet to the center quarter comer of said Section 33, a 3-1/4" Oadield County Surveyor ahunimun cap found in place; thence S. 88°25'59" E. along the northerly boundary of said Gov't Lot 12 a distance of 1255.38 feet to the center-east sixteenth comer of said Section 33, a 2-1/2" aluminum cap L.S, No. 5933 found in place; thence S. 88°25'59" E. along the northerly bo\mdnry of the NEl/4SE1/4 ofsnid Section 33 a distance of 1255.38 feel to the cast quarter comer of said Section 33, a 2-1/2" aluminum cap L.S. No. 5933 found in place; thence N. 89°59'25" E. along the northerly boundm'}' of the NWl/4SWl/4 of said Section 34 a distance of201.90 feet; thence leaving said northerly boundary S. 03°45123" E. a distance of 1233.0 l feet to a point on the southerly boundary of said NWl/4SWl/4~ thence N. 89°02'4711 E. along said southerly boundary a distance of 807.09 feet; thence leaving said southerly boundo1-y S. 02°50'09" E. a distance of 1220.54 feet to a point on the southerly boundary of the SW/14SWl/4 of said Section 34; thence S. 88°10'28" W. along said southerly boundary a distance of 984. 24 feet to the southeast comer of Section 33, a 2" Bureau of Land Management aluminum cap found in place; thence; S. 16°39159" W. a distance of217.38 feet; thence S. 27°00'32" W. n distance of277.20 feet; thence S. 48°11 '02' W. n distance of 452.97 feet; thence N. 89°49'27" W. n distance of293.51 feet; thence nlong the arc of n tangent curve to the right having a radius of200.00 feel and central angle of 54°02'27", a distance of 188.64 feet (chord bears N. 62°47'31" W. n distance ofl81.72 feel); thence N. 35°45'36 11 W. a distance ofS.96 feet; thence S. 57°47 13411 W. a distance of 100.68 feel lo n point in an existing fence; thence S. 10°53101 11 E. along said fence a distance of 648.15 feet to nn angle point in said fence; thence continuing along said fence N. 89° l 5'38" W. a distance of 1728.64 feel to a point in the westerly boundary of the SW1/4NE1/4 of said Section 4; thence N. 00°13'22" W. along said westerly boundary a distance of 1342.l 8 feet to the point of beginning . AND INCLUDING Parcel A: Parcel A on Zoning Comparison Map A Parcel ofland situated in the NW1/4SW1/4 Section 34, Township 6 South, Rnnge 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said Parcel being more particularly described as follows: Commencing at the West Quarter Come1· of Section 34, an Aluminum Cap L.S. No. 5993 found in place, the Point of Beghlllingj thence N 89°51 '5011 E along the Northerly Line of the NWl/4SW1/4 Section 34 a distance of201.90 feet; thence leaving said Northerly Line S 03°53'3 I" En distance of 1233.02 feet, ton point on the Southerly Line of snid NW1/4SW1/4; thence nlong said Southerly Line S 89°) 3,59" W a distance of 199.56 feet, to S1/16 of Section 34 and 33, a 2-1/2" Garfield County Smveyor Brass Cap found in place; thence N 03°59'40', W along said Westerly Line of said Section 34 a distance of 1235.37 feet to the Point of Beginning; said Parcel containing 5.676 acres, more or less. Counly of Garfield State of Colorado Parcel B; Parcel B on Zoning Comparison Map A Parcel ofLnnd situated in the NE ¼ Section 4, Township 7 South, Range 88 West of the Sixth Principal Meridian, County ofGadield, Stale of Colorado, being more pa11icularly described as follows: Commencing at the Nl/4 come!' of Section 4; thence S 45°03 '03°E a distance of 1905.62 feet to the northeast sixteenth comer of said Section 4, also being the southeast comer of that property described in Reception No. 419600 in the Garfield County Clerk and Recorder's Office, the Point ofBeghudng: thence N00°18'44"W along the westerly line of said Reception No. 419600 a distance of 514.40 feel to the northwest corner; thence S89°46'50°E along the 1101therly line of said Reception No. 419600 a distance of285.66 feet lo a point in an existing fence; thence leaving said nor(hedy line S 10°53 ,0 l ,,E along said existing fence n distance of 541.23; thence continuing along snid existiug fence N89° I 5,,3guw a distance of 1728.64 feel to a point on the north-south centerline of said 1111 W,IP.rP!111KrP~MILl~1l~~❖,~~~•,:1t1•:>it\14Jk 1 ~~iw. II Ill Recept!onij : 876835 . 1111 AY.-~ f 161,l'JhFIL IIC~a!l'I: l.,lfiMJlil+'1rawf.111"1 II Ill , Rece~tlonn: 828747 05/05/2016 03 ,01 :32 PM JFean Aolboaor ;~gFIELD COUNTY co s ol 8 Rec Fee:S0 .00 Doc oe: • """ 12/18/2012 02:41:22 P~ Jean Alberico 12 of 12 Reo Fee :$68,00 Ooo Fee:0,00 GAAFJELO COUNTY CO Section 4; thence leaving said existing fence N00°13,22"W nlong said north-south centerline a distance of 1.04 feet to u point on the northerly line of that prope11y described in Reception No. 280798 in the Garfield County Clerk and Recorder,s Office; thence leaving said north-south centerline S89°46'50''6 along said 11011herly linen distance of J 343.47 feet to the Point of Beginning said parcel containing 4.293 ac. more or less. County of Garfield State of Colorado AND EXCEPTING THEREFROM Parcel C on Zoning Comparison Map A Parcel ofland situated in the SWl/4SW1/4 Section 34, Township 6 Soulh, Range 88 West of the Sixth P1incipal Meridian, County of Garfield, State of Colorado; said Parcel being more particularly described as follows: • Commencing nt the Southwest Corner of Section 34, n 2-1/2., Garfield County Surveyor Brass Cap found in place; thence N 88°10'28" E along the Southerly Line of said Section 34 n distance of 984.24 feet, to the Point of Beginning; thence leavings said Southerly line N 02°50'09" W a distance of 1220.49 feet to a point on the Northerly Line oflhe SW1/4SWl/4 of said Section 34; thence N 89°02, I 7" E along said Northerly Line a distance of358.19 feet to Southwest Sbdeenth Corner of said Section 34; thence S 02°50'09" En distance of 1215.09 feet to the West Sixteenth comer of said Section 34 and Section 3, Township 7 South, Range 88 West of the Sixth Principal Meridian; thence S 881> J 0'28" W along the Southerly Line of said Section 34 n distance of 358.06 feet, to the Point of Beginning: said Parcel containing 10.008 acres, more or less. County of Garfield State of Colorado