HomeMy WebLinkAboutbocc.ord.020.2008RECEPTION#: 551299, 07!23/2008 at
08:47:06 AM,
1 t3F 18, R $0.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO, ACCEPTING A SPECIAL WARRANTY DEED
FROM GRACE CHURCH OF THE ROARING FORK VALLEY AND GRANTING A
RESTRICTIVE COVENANT TO GRACE CHURCH FOR A PITKIN COUNTY
PARKING/REFUELING FACILITY PARCEL; AND ACCEPTING A RESTRICTIVE
COVENANT FROM GRACE CHURCH LIMITING FUTURE USE AND
DEVELOPMENT OF THE GRACE CHURCH PARCEL
ORDINANCE No. D?D -2008
RECITALS
1. The Board of County Commissioners of Pitkin County, Colorado ("County")
entered into a Settlement and Release agreement with Grace Church of the Roaring Fork
Valley, settling all equitable and injunctive claims in Civil Action No. OS-cv-01673-RPM-
CBS, through Resolution No. 061-2008.
2. The Settlement and Release agreement provides for the donation and
conveyance by Special Warranty Deed of an approximately 1.06-acre parcel from Grace
Church to the County for a public parking facility associated with the Rio Grande Trail and a
refueling site.
3. The parking facility and refueling site parcel is subject to a restrictive covenant
granted by the County to Grace Church. The parcel is more fully depicted in the parcel map
and described in the legal description attached as Exhibits A and B to the Refueling/Parking
Restrictive Covenant.
4. Acceptance of the Special Warranty Deed and granting the Restrictive
Covenant to Grace Church for the County Parking/Refueling parcel satisfies conditions to
resolve litigation involving the County refueling site as set forth in the Settlement and Release
agreement.
5. The Settlement and Release agreement provides for the conveyance of a
Restrictive Covenant from Grace Church to the County which limits future use and
development on the Grace Church parcel.
6. The County agrees to pay Grace Church the sum of $350,000 for acceptance of
the Restrictive Covenant upon the Grace Church parcel.
7. The BOCC finds that adoption of this ordinance is in the best interest of the
public health, safety and welfare of the citizens of Pitkin County and therefore declares this
ordinance to be effective immediately pursuant to Pitkin County Home Rule Charter Section
2.8.2.
Ordinance No.d~4 -2008
Page 2
NOW, THEREFORE, BE IT ORDAINED, that the Board of County Commissioners
of Pitkin County, Colorado:
1. Accepts a Special Warranty Deed from Grace Church of the Roaring
Fork Valley for the donation and conveyance of an approximately 1.06-acre parking/refueling
site in a form substantially conforming to that approved by the County Attorney;
2. Grants a Restrictive Covenant upon the parking/refueling site to Grace
Church in a form substantially conforming to that approved by the County Attorney;
3. Accepts from Grace Church, a Restrictive Covenant limiting future use
and development of the Grace Church parcel in a form substantially conforming to that
approved by the County Attorney;
4. Authorizes the Chairman or his designee, to execute the Special
Warranty Deed, the Refueling/Parking Site Restrictive Covenant, the Grace Church Property
Restrictive Covenant and any other documents necessary to finalize this transaction, after
approval of the form of such documents by the County Attorney.
INTRODUCED AND FIRST READ ON THE 25TH DAY OF JUNE 2008 AND SET
FOR PUBLIC HEARING AND SECOND READING ON THE 9TH DAY OF JULY 2008.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY
ON 29TH DAY OF JUNE 2008.
ADOPTED AT PUBLIC HEARING AND SECOND READING ON THE 9TH DAY
OF JULY 2008.
PUBLISHED AFTER PUBLIC HEARING IN THE ASPEN TIMES WEEKLY ON
THE ;10~ DAY OF v 2008. .
THIS ORDINANCE SHALL BE EFFECTIVE ON JULY 9, 2008.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
i
Jack ~ field, Chairm
~-
Date: l `~/C
Ordinance No. 0~6 -2008
Page 3
APPROVED AS TO FORM:
`-
john M.
Co orney
Hilary Flet r
County M ger
Other documents referred to in this ordinance will be recorded at a future date and at that
time the ordinance will be re-recorded to include such documents.
GRACE CHURCH PROPERTY RESTRICTIVE COVENANT
By this deed, Grace Church of the Roaring Fork Valley, Inc. ("Grace Church")
grants the following restrictive covenant ("Covenant") to and for the benefit of the Board
of County Commissioners of Pitkin County, Colorado ("Pitkin County"), this~~~~i day
of 2008.
WITNESSETH
Whereas, Grace Church is a Colorado not for profit corporation and church that
owns approximately 18.558 acres of real property in unincorporated Pitkin County, with
a street address of 1776 Emma Road, Basalt, Colorado, which is more particularly
described in Exhibit "A" attached hereto (the "Property");
Whereas, on May 11, 2005, Pitkin County denied a development application
brought by Grace Church seeking various land use approvals to develop the Property for
religious purposes. Grace Church then brought suit in the United States District Court for
the District of Colorado against Pitkin County and other defendants challenging this
denial in Case No. OS CV 01673-RPM-CBS;
Whereas, Grace Church and Pitkin County have agreed to enter into a partial
settlement and release ("The Settlement") for the purposes of compromising, resolving
and settling the claims of Grace Church for declaratory and injunctive relief against
Pitkin County in the above-described litigation;
Whereas, to effect the partial settlement and release between Grace Church and
Pitkin County, on January 9, 2008, Pitkin County approved Grace Church's application
for development of the Property as is more fully described in BOCC Resolution 005-
2008, attached hereto as Exhibit "B". This resolution allowed Grace Church to construct
an 8,800 square foot sanctuary and chapel, a 2,400 square foot residential structure, a
3,800 square foot future expansion structure, 500 square feet of subgrade space and 197
parking spaces (the "hnprovement Sizes");
Whereas, the partial settlement further contemplates that Grace Church will
convey a 1.05 acre parcel to Pitkin County (which is depicted in Exhibit C and referred to
as the "Refueling Site/Parking Lot Paxcel"); After the donation of this 1.05 acre parcel to
Pitkin County ("the County parcel"), Grace Church will own a remaining approximately
17.51 acres ("The Church parcel").
Whereas, as an element of the partial settlement and release, Grace Church has
agreed to convey this restrictive covenant to and for the benefit of Pitkin County limiting
the development and use of the Property in consideration of the payment of $350,000
from Pitkin County to Grace Church.
NOW THEREFORE, for and in consideration of payment to Grace Church in
the amount of $350,000, the receipt and sufficiency of which is hereby acknowledged,
Grace Church hereby grants this restrictive covenant and interest in the Property to and
for the benefit of Pitkin County.
1. Permitted Uses of the Property. Grace Church shall be entitled to rely
upon and be vested in the development approval reflected in Pitkin County BOCC
Resolution 005-2008, Exhibit "B". Use of the Property shall be limited to the extent of
the request contained in the Grace Church land development application amendment
dated March 11, 2005, and the representations made by Grace Church in its application
and amendment and at the public meetings concerning its applications before the Pitkin
County Board of County Commissioners, except as modified by the approvals contained
in Exhibit "B" (collectively the "Land Use Approval"). Grace Church recognizes it must
still obtain appropriate building and construction activity permits as applicable for its
approved development as originally submitted in August, 2004 and modified in March
11, 2005 -more specifically set forth in BOCC Resolution 005-2008, attached hereto as
Exhibit "B" and legal description attached hereto as Exhibit A. Use of the Property shall
be exclusively for the furtherance of religious purposes, however Grace Church may host
secular activities or events that are reasonably consistent with its religious purposes.
2. Devel~ment Restrictions of the Grace Church Property.
A) The Initial 10 years of this Restrictive Covenant. For ten years from the
date of the Resolution 005-2008 adoption -January 9, 2008, development of the Property
shall be limited to the Land Use Approval. Improvements built on the Property shall be
configured and situated as depicted in Exhibit "B". Grace Church may, at any time seek
modification of this covenant restriction for internal or external modifications of its
planned improvements under this Covenant provided such modifications do not exceed
the Improvement Sizes.
B) Subsequent Restriction of Development of the Property. After ten years
from the date of the Resolution 005-2008 adoption -January 9, 2008, Grace Church may
seek expansion of its improvements, such expansion will be deemed consistent with this
covenant to the extent such expansion is consistent with then existing regulatory
constraints for other properties in the same zone district. This covenant provision does
not provide Grace Church with a future right of approval nor obligate Pitkin County to
approve or deny a future application.
3. Enforcement. The provisions of this restrictive covenant shall constitute
covenants that run with the title to the Property for the benefit of Pitkin County Board of
County Commissioners and shall be deemed to be an appurtenance to the title of such
property. This restrictive covenant shall be fully enforceable by all parties hereto in an
action at law or equity or both to secure compliance, including but not limited to, seeking
injunctive relief and/or specific performance requiring both parties, or its successors to
cease and desist all activity in violation of the terms of this restrictive covenant and to
return the Property to its condition prior to any violation(s).
~JS.
4. Costs and Liabilities. The Church, its successors or assigns, retain all
responsibilities and shall bear all costs and liabilities of any kind related to ownership,
operation, upkeep, taxes and maintenance of the Property.
5. Attorneys Fees and Costs. In the event of any action or suit between the
parties to enforce any of the agreements, covenants, or restrictions contained herein, the
prevailing party in such action or suit, whether by final judgment or out-of-court
settlement, shall recover from the other party all costs and expenses of such action or suit
including reasonable attorneys fees.
6. Mediation. The Parties agree any dispute related to or involving this
Restrictive Covenant shall be subject to mediation in Pitkin County Colorado as a
precondition to the filing of an action to enforce its terms. Once mediation is requested,
the parties will participate in a mediation session within sixty (60) days after the
requesting party provides a written demand to mediate to the other party. Such mediation
shall be conducted by a mediator, who shall be a person licensed to practice law and
knowledgeable in the area of dispute, jointly selected by the parties or, if no such
agreement can be had, selected from the list of mediators maintained by Judicial
Arbitration Mediation Services in the Denver, Colorado office.
7. Modification. The terms of this restrictive covenant can only be modified
by an amended restriction executed by both Grace Church and Pitkin County or their
successors and assigns and recorded in the records of the Clerk and Recorder for Pitkin
County, Colorado.
8. The Refueling Site/Parking Lot Parcel. The terms of this Covenant do not
apply to the Refueling Site/Parking Lot Parcel.
9. Savings Clause. The parties agree that any provision of this restrictive
covenant is held to be invalid, nevertheless, the balance shall continue in full force and
effect.
[The remainder of this page is intentionally left blank
Signatures on following pages]
~~ .
Grace Church of Roaring Fork Valley, Inc., has caused this instrument to be
executed this ~~day of c~~ttrcG , 2008.
GRACE CHURCH OF ROARING FORK VALLEY, INC.
By:
Title:.~c12~7.Q-.e~,.. E~./~ max. ~ b«E,c'~ax-
of
_ The foregoing Restrictive Covenant was acknowledged before me this !' ~ day
~l ~t r1 ~ 2008, by ~./~' ~~~ as
,~,~c ~ j~i~c7~ on behalf of the Grace Church of Roaring Fork
6VIy Term To Expire
Nlay 31 r 20Q~
The Board of County Co~missioners of Pitkin County, Colorado has caused this
instrument to be executed thisq~~ day of ~ ~.~-`~;~. , 2008.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By. C
Q~~ L
J c Hatfield - hair an
The foregoing Restrictive Covenant was acknowledged before me this~~dday
of 2008, by Jack Hatfield as Chairman to the Board of County
Commissiq~t~e, it~~~Q1~~nty, Colorado.
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Illlll~IIIIl~I~IIIIIIl~IIIIIIINIII~IIIIIIIII~II~I~~II 0892003 1@:3
SILVIp DRVIS PITKIN COUNTY CO R 18.00 0 102.50 4f
EXHIBIT A
A PARCEL OF LAND SITUATED IN TRACT 62, SECTIONS 12 AND 13, TOWNSHIP 8 SOUTH,
RANGE 87 WEST OP THE SIXTH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, LYING
EASTERLY OF THE CENTER OF SOPRIS CREEK, NORTHERLY OF THE CENTER OF HOME SUPPLY
DITCH, AND SOUTHERLY AND WESTERLY OF A COUNTY ROAD AS CONSTRUCTED AND IN PLACE
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID TRACT 62, SAID POINT BEING
IN THE CENTER OP SOPRIS CREEK, WHENCE ANGLE POINT NO. 4 OF SAID TRACT 62 HEARS
NORTH 89 DEGREES 02' WEST 1761.32 FEET;
THENCE NORTH 39 DEGREES 28' BAST 28.42 FEET ALONG THE CENTER LINE OF SAID
CREEK;
THENCE NORTH 08 DEGREES 08' EAST 49.50 FEET ALONG THE CENTER LINE OF SAID
CREEK;
THENCE NORTH 42 DEGREES 31' EAST 16.28 FEET ALONG THE CENTER LINE OF SAID
CREEK;
TRENCH NORTH 65 DEGREES 46' EAST 43.86 FEET ALONG THE CENTER LINE OF SAID
CREEK;
THENCB NORTH 31 DEGREES 11' EAST 88.84 FEET ALONG THE CENTER OF SAID CREER;
THENCB NORTH 21 DEGREES 39' WEST 73.16 FEET ALONG THE CENTER LINE OF SAID
CREEK;
THENCE NORTH 02 DEGREES 32' BAST 68.07 FEET ALONG THE CENTER LINB OF SAID
CREER;
THENCE NORTH 07 DEGREES 57' WEST 137.32 FEET ALONG THE CENTER LINE OF SAID
CREEK;
THENCE NORTH 89 DEGREES 12' WEST 71.01 FEET ALONG THE CENTER LINE OF SAID
CREER;
THENCE NORTH 66 DEGREES 22' WEST 69.86 FEET ALONG THE CENTER LINE OF SAID
CREER;
THENCE NORTH 23 DEGREES 18' WEST 149.16 FEET ALONG THE CENTER LINE OF SAID
CREER;
THENCE NORTH 12 DEGREES 45' WEST 54.34 FEET ALONG THE CENTER LINB OF SAID
CREEK;
THENCE NORTH 06 DEGREES 45' EAST 93.65 FEET ALONG THS CENTER LINE OF SAID
CREEK;
THENCB NORTH 22 DEGREES 50' EAST 61.85 FEET ALONG THE CSNTEA OF SAID CREEK;
THENCB NORTH 09 DEGREES 07' EAST 82.04 FEET ALONG THE CENTER LINE OF SAID
CREER;
THENCB NORTH 13 DEGREES 49' WEST 62.82 FEET ALONG THE CENTER LINE OF SAID
CREER;
THENCE NORTH 29 DEGREES 03' EAST 20.59 FEET ALONG THE CENTER LINE OF SAID
CREEK;
THENCB NORTH 07 DEGREES 10' EAST 152.20 FEET ALONG THE CENTER LINE OF SAID
CREEK;
THENCE NORTH 07 DEGREES 36' WEST 60.53 FEET ALONG THE CENTER LINE OF SAID
CREEK;
THENCE NORTH 16 DEGREES 24' EAST 103.21 FEET ALONG THE CREEK LINE OF SAID
CREEK TO A POINT ON THE SOUTHERLY LINB 08 SAID ROAD?
THENCE NORTH 89 DEGREES 14'28° EAST 567.30 FEET ALONG THE SOUTHERLY LINE OF
SAID ROAD;
THENCE SOUTH 72 DEGREES 47'02" EAST 330.76 FEET ALONG THS SOUTHERLY LINE OF
SAID ROAD;
THENCE SOUTH 57 DEGREES 54'13" EAST 64.91 FEET ALONG THE SOUTHWESTERLY LINE OF
SAID ROADS
THENCE SOUTH 00 DEGREES 15'57" EAST 836.47 FEET ALONG THE WESTERLY LINE OF SAID
ROAD TO A POINT IN THE CENTER OF SAID DZTCH;
THENCE SOUTH 71 DEGREES 04'48" WEST 57.41 FEET ALONG THE CENTER LINE OF SAID
DITCH;
THENCE SOUTH 78 DEGREES 16'46" WEST 313.81 FEET ALONG THE CENTER LINE OF SAID
DITCH;
THENCE SOUTH 73 DEGREES 15'32" WEST 202.11 FEET ALONG THE CENTER LINE OF SAID
DITCH;
THENCE SOUTH 68 DEGREES 29'08" WEST 161.50 FEET ALONG THE CENTER LINE OF SAID
DITCH;
THENCE SOUTH 43 DEGREES 34'06" WEST 160.98 FEET ALONG THS CSNTEA LINE OF SATD
DITCHi
0384519
EXHIBIT
E
I IIIIII VIII IIIIII IIIIII VIII VIII VIII III VIII IIII IIII 0892003 10:341
SILVIH DRVIS PITKIN COUNTY CO R 10.00 D 102.60
EXHIBIT A
THENCE SOUTH 73 DEGREES 57'30" WEST 47.71 FEET TO A POINT IN THE CENTER OP
SAID CR88K, THE POINT OF BEGINNING.
EECEPTING THEREFROM THAT PARCEL 08 LAND CONVEYED BY DEED RECORDED SEPTEMBER 23,
1971 IN HOOK 258 AT PAGE 60 UNDER RECEPTION NO. 147650 DESCRIBED AS FOLLOWSs
A PARCEL OP LAND SITUATED IN TRACT NO. 62 OF SBCTIpNS 12 AND 13, TOWNSHIP 8
SOUTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LYING SOUTHERLY OF THE
SOUTHERLY RIGHT OF WAY LINE OF A COUNTY ROAD AS CONSTRUCTED AND IN PLACE, AND
EASTERLY OF THE CENTER LINE OF SDPRIS CREEK, SAID PARCEL BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT IN THE CENTER pF SAID CREEK, WHENCB AN IRON POST WITH A
BRASS CAP FOUND IN PLACE AND PROPERLY MARRED 8OR ANGLE POINT N0. 4 OF SAID
TRACT 62 HEARS SOUTH 62 DEGREES 16'06" WEST 1871.31'FEST;
THENCE NORTH 09 DEGREES 07'00" EAST 59.45 FEET ALONG THE CENTER OF SAID CREEKi
THENCE NORTH 13 DEGREES 49'00" WEST 62.82 FEET ALONG THE CENTER OF SAID CRBBK;
THENCE NORTH 29 DEGREES 03'00" EAST 20.59 FEET ALONG THE CENTER OF SAID CRESKi
THENCE NORTH 07 DEGREES 10'00" EAST 152.20 FEET ALONG THE CENTER OF SAID
CREERi
THENCB NORTH 07 DEGREES 36'00" WEST 60.53 FEET ALONG THE CENTER OF SAID CREEK;
THENCE NORTH 16 DEGREES 24'00" EAST 103.21 FEET ALONG THE CENTER OF SAID CREEK
TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID COUNTY ROADi
THENCB NORTH 89 DEGR88S 14'28" EAST 387.37 FEET ALONG THS SOUTHERLY RIGHT OF
WAY LINE OF SAID COUNTY ROAD;
THENCE SOUTH 00 DEGREES 05'51" BAST 457.15 FEET;
THENCE NORTH 89 DEGREES 25'51" WEST 432.67 FEET TO A POINT IN THE CENTER OF
SAID CREEK, THB POINT OF BEGINNING.
COUNTY OF PITKIN, STATB OF COLORADO.
G384519
RECEPTION#: 545760, 01/10/2008 at 03:19:57 PM, 1 OF 6, R $0.00
Janice K. Vos Caudill, Pitkin County, CO
A RESOLUTION OF TAE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO RE-EVALUATING ITS PREVIOUS DENIAL OF A
DEVELOPMENT APPLICATION SUBMITTED BY GRACE CHURCH AND
APPROVING WITH CONDITIONS THE PREVIOUS APPLICATION OF GRACE
CHURCH FOR SPECIAL REVIEW, GMQS EXEMPTION FOR AN ESSENTIAL
COMMUMTY FACILITY, 1041 HAZARD REVIEW AND CONCEPTUAL
SUBMISSION
RESOLUTION #~-2008
RECITALS
1. Grace Church of the Roaring Fork Valley, Inc. ("Applicant") has applied to the
Board of County Commissioners of Pitkin County, Colorado ("BOCC") for special review,
GMQS exemption for an essential community facility, 1041 hazard review and conceptual
submission.
2. The property is located at the intersection of Emma Road and Sopris Creek Road
and is more specifically described in Exhibit "A".
3. The BOCC previously heard this application at public hearings on Mazch 23 and
May 11, 2005, at which time evidence and testimony were presented to the BOCC regarding this
application.
4. The BOCC has been involved in litigation with the Applicant in the United States
District Court. The presiding judge has clearly intimated that the action of the BOCC constituted
a substantial burden on the free exercise of religion.
5. T'he BOCC is undertaking this re-evaluation of its previous action in order to
preserve the constitutional rights of all citizens and to adhere as closely as possible to the tenets
of the County Code and its adopted master plans.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that it does hereby re-evaluate its previous denial and approves with
conditions the previously submitted original application of the Applicant, summarized as
follows:
Improvements:
• 8,800 square foot sanctuary and chapel
• 2,400 square foot residential structure
• 3,800 square foot expansion structure
• Allowing for 500 square feet of sub-grade space and 197 pazking spaces
• With the elimination of the previously applied for creek-side chapel and creek-
side improvements; community gardens and orchards
EXHIBIT
E
_RECEPTION#: 545760, 01/10/2008 at 03:19:57 PM, 2 OF 6,
Janice K. Vos Caudill, Pitkin County, CO
Resolution No. 00~ 2008
Page 2
• Providing for the removal of all existing buildings on the property
These improvements are generally depicted on Exhibit "B".
Z. This action of the BOCC is taken pursuant to 42 U.S.C. § ZOOOcc-3(e).
3. This approval is conditioned upon:
(a} Adherence by the Applicant to all material representations made within its
application and at the previous public hearings;
(b) Vacation of trial can-ently set in the United States District Court for January
14, 2008;
(c) Completion and execution of an agreement between the BOCC and the
Applicant that consists of the following terms in a form acceptable to the
County Attorney:
• Grant of one-acre to the County by the Applicant to be located in the
northwest comer of the property. One half of this acre to be used for a
County fuel facility and one half of this acre to be used for public parking
servicing the Rio Grande Trail and Emma Schoolhouse.
• Grant of a covenant to the County by the Applicant restricting the property
to the above-described improvements. Terms of the covenant shall run for
ten (10) years and then bind the property to the application of the Land
Use Code thereafter in perpetuity.
• The payment of a reasonable, fair-market value for the above-described
covenant to the Applicant by the County in an amount not to be less than
$350,000.
• Distrussal of all current state court appeals between the BOCC and
Applicant.
• Payment by the County to the Applicant of all attorneys' fees and costs in
association with the current U.S. District Court case incurred by the
Applicant.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES
WEEKLY ON DECEMBER 9, 2007.
APPROVED AND ADOPTED AT PUBLIC HEARING ON JANUARY 9, 2008.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON
N.G Jt , 2008.
RECEPTION#: 545760, 01/10/2008 at 03:19:57 PM, 3 OF 6,
Janice K. Vos Caudill, Pitkin County, CO
Resolution No. Od 1r' 2008
Page 3
ATTEST:
J nette Jones
uty Clerk
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Ja atfield, Chair an
Date: ~~ O Q
APPROVED AS TO FORM:
John Mw EI~j
~ou~ ~Itorney
~.~~~
m y ouben
Director, Community Development
RECEPTION#: 545760, 01/10/2008 at 03:19:57 PM, 4 OF 6,
Janice PC. Voa Caudill, Pitkin County, CO
pjGCc. ~o " coos- Gov ~
~~
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RECEPTION#: 545760, 01/10/2008 at 03:19:57 PM, 6 OF 6,
Janice PC. Vos Caudill, Pitkin County, CO
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GRACE GHURCH OF THE ROARING FORK VALLEY
CONCEPT MASTER PLAN
S89°09'46"W S89°09'46"W
59,79' 120,14'
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sr~• rN..` wrn Mul[ rm< M. m
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___-__. _.. • •~~a e~~ee• 9fO19~5~1[[O WWW.GAM[ACN6INEGINC.C
EXHIBIT
PARCEL A
PITCO Refueling Center
Beginning at the north west comer of a parcel of land being parcel number
246513200014 as designated by the office of the Pitkin County Assessor said point also
being the north east comer of a parcel of land as described in book 258, page 60 in the
office of the Pitkin County clerk and recorder thence S 00°10'33"E a distance of 268.04
feet along the east boundary of said parcel described in book 258, page 60 to a point on
said east boundary line; thence leaving said east boundary line N90°00'00"E a distance
of 116.98 feet; thence N 00°00'00" E a distance of 121.95 feet ; thence N90°00'00" W a
distance of 58.03 feet; thence N 00°00'14"E a distance of 146.97 feet to a point on the
northern boundary of said parcel number 246513200014; thence along said northern
boundary also being the southern right of way of Emma road S 89°09'46" W a distance of
59.79 feet to the point of beginning.; containing 0.5284 acres more or less.
PARCEL B
PITCO Dedicated Parking
Beginning at a point on the northern boundary of a parcel, for which the parcel number is
246513200014 as designated by the office of the Pitkin County Assessor whence the
north west corner of said parcel and the north east comer of a parcel of land as described
in book 258, page 60 in the office of the Pitkin County clerk and recorder bears
S 89°09'46" W a distance of 59.79 feet; thence S 00°00'14" W a distance of 146.97 feet;
thence N 90°00'00" E a distance of 159.08 feet; thence N 00°00'00" E a distance of
136.71 feet to a point on the norkhem boundary of said parcel number 246500014 said
point also being a point on the southern right of way of Emma road; thence the following
two courses along the northern boundary of a parcel, for which the parcel number is
246513200014 and the southern right of way on Emma road
1. N 72°51'44" W a distance of 40.75
2. S 89°09'46" W a distance of 120.14 feet to the point of beginning.; containing 0.5353
acres more or less.
RECEPTION#: 551300, 07/23/2008 at
08:47:07 AM,
1 dJF 15, R $0.00 Doc Code COVENANTS
Janice K. Vos Caudill, Pitkin County, CO
GRACE CHURCH PROPERTY RESTRICTIVE COVENANT
By this deed, Grace Church of the Roaring Fork Valley, Inc. ("Grace Church")
grants the following restrictive covenant ("Covenant") to and for the benefit of the Board
of County Commissioners of Pitkin County, Colorado ("Pitkin County"), this~J%~i day
of 2008.
WITNESSETH
Whereas, Grace Church is a Colorado not for profit corporation and church that
owns approximately 18.558 acres of real property in unincorporated Pitkin County, with
a street address of 1776 Emma Road, Basalt, Colorado, which is more particularly
described in Exhibit "A" attached hereto (the "Property");
Whereas, on May 11, 2005, Pitkin County denied a development application
brought by Grace Church seeking various land use approvals to develop the Property for
religious purposes. Grace Church then brought suit in the United States District Court for
the District of Colorado against Pitkin County and other defendants challenging this
denial in Case No. OS CV 01673-RPM-CBS;
Whereas, Grace Church and Pitkin County have agreed to enter into a partial
settlement and release ("The Settlement") for the purposes of compromising, resolving
and settling the claims of Grace Church for declaratory and injunctive relief against
Pitkin County in the above-described litigation;
Whereas, to effect the partial settlement and release between Grace Church and
Pitkin County, on January 9, 2008, Pitkin County approved Grace Church's application
for development of the Property as is more fully described in BOCC Resolution 005-
2008, attached hereto as Exhibit "B". This resolution allowed Grace Church to construct
an 8,800 square foot sanctuary and chapel, a 2,400 square foot residential structure, a
3,800 square foot future expansion structure, 500 square feet of subgrade space and 197
parking spaces (the "Improvement Sizes");
Whereas, the partial settlement further contemplates that Grace Church will
convey a 1.05 acre parcel to Pitkin County (which is depicted in Exhibit C and referred to
as the "Refueling Site/Parking Lot Parcel"); After the donation of this 1.05 acre parcel to
Pitkin County ("the County parcel"), Grace Church will own a remaining approximately
17.51 acres ("The Church parcel").
Whereas, as an element of the partial settlement and release, Grace Church has
agreed to convey this restrictive covenant to and for the benefit of Pitkin County limiting
the development and use of the Property in consideration of the payment of $350,000
from Pitkin County to Grace Church.
NOW THEREFORE, for and in consideration of payment to Grace Church in
the amount of $350,000, the receipt and sufficiency of which is hereby acknowledged,
Grace Church hereby grants this restrictive covenant and interest in the Property to and
for the benefit of Pitkin County.
1. Permitted Uses of the Property. Grace Church shall be entitled to rely
upon and be vested in the development approval reflected in Pitkin County BOCC
Resolution 005-2008, Exhibit "B". Use of the Property shall be limited to the extent of
the request contained in the Grace Church land development application amendment
dated March 11, 2005, and the representations made by Grace Church in its application
and amendment and at the public meetings concerning its applications before the Pitkin
County Board of County Commissioners, except as modified by the approvals contained
in Exhibit "B" (collectively the "Land Use Approval"). Grace Church recognizes it must
still obtain appropriate building and construction activity permits as applicable for its
approved development as originally submitted in August, 2004 and modified in March
11, 2005 -more specifically set forth in BOCC Resolution 005-2008, attached hereto as
Exhibit "B" and legal description attached hereto as Exhibit A. Use of the Property shall
be exclusively for the furtherance of religious purposes, however Grace Church may host
secular activities or events that are reasonably consistent with its religious purposes.
2. Development Restrictions of the Grace Church Property.
A) The Initial 10 years of this Restrictive Covenant. For ten years from the
date of the Resolution 005-2008 adoption -January 9, 2008, development of the Property
shall be limited to the Land Use Approval. Improvements built on the Property shall be
configured and situated as depicted in Exhibit "B". Grace Church may, at any time seek
modification of this covenant restriction for internal or external modifications of its
planned improvements under this Covenant provided such modifications do not exceed
the Improvement Sizes.
B) Subsequent Restriction of Development of the Property. After ten years
from the date of the Resolution 005-2008 adoption -January 9, 2008, Grace Church may
seek expansion of its improvements, such expansion will be deemed consistent with this
covenant to the extent such expansion is consistent with then existing regulatory
constraints for other properties in the same zone district. This covenant provision does
not provide Grace Church with a future right of approval nor obligate Pitkin County to
approve or deny a future application.
3. Enforcement. The provisions of this restrictive covenant shall constitute
covenants that run with the title to the Property for the benefit of Pitkin County Board of
County Commissioners and shall be deemed to be an appurtenance to the title of such
property. This restrictive covenant shall be fully enforceable by all parties hereto in an
action at law or equity or both to secure compliance, including but not limited to, seeking
injunctive relief and/or specific performance requiring both parties, or its successors to
cease and desist all activity in violation of the terms of this restrictive covenant and to
return the Property to its condition prior to any violation(s).
~S
4. Costs and Liabilities. The Church, its successors or assigns, retain all
responsibilities and shall bear all costs and liabilities of any kind related to ownership,
operation, upkeep, taxes and maintenance of the Property.
5. Attorneys Fees and Costs. In the event of any action or suit between the
parties to enforce any of the agreements, covenants, or restrictions contained herein, the
prevailing party in such action or suit, whether by final judgment or out-of-court
settlement, shall recover from the other party all costs and expenses of such action or suit
including reasonable attorneys fees.
6. Mediation. The Parties agree any dispute related to or involving this
Restrictive Covenant shall be subject to mediation in Pitkin County Colorado as a
precondition to the filing of an action to enforce its terms. Once mediation is requested,
the parties will participate in a mediation session within sixty (60) days after the
requesting party provides a written demand to mediate to the other party. Such mediation
shall be conducted by a mediator, who shall be a person licensed to practice law and
knowledgeable in the area of dispute, jointly selected by the parties or, if no such
agreement can be had, selected from the list of mediators maintained by Judicial
Arbitration Mediation Services in the Denver, Colorado office.
7. Modification. The terms of this restrictive covenant can only be modified
by an amended restriction executed by both Grace Church and Pitkin County or their
successors and assigns and recorded in the records of the Clerk and Recorder for Pitkin
County, Colorado.
8. The Refueling Site/Parking Lot Parcel. The terms of this Covenant do not
apply to the Refueling Site/Parking Lot Parcel.
9. Savings Clause. The parties agree that any provision of this restrictive
covenant is held to be invalid, nevertheless, the balance shall continue in full force and
effect.
[The remainder of this page is intentionally left blank
Signatures on following pages]
~5
Grace Church of Roaring Fork Valley, Inc., has caused this instrument to be
executed this ~~day of ~i~ycG. , 2008.
GRACE CHURCH OF ROARING FORK VALLEY, INC.
Title:.$~c12~7.~r-~i _ Ec.,D Ex, ~ b~~EC`r~x-
_ The foregoing Restrictive Covenant was acknowledged before me this l ~ day
of .l cl •~ ~ 2008, by ~ ./E ~•¢~z as
~Ec ~ c .~ on behalf of the Grace Church of Roaring Fork
~. nc.
s _
.~_ _~,.j~ otary Public
Expires: ~y Term Tc~ ~xpir~
INIa~ ~1, 2QQ9
The Board of County Corr~missioners of Pitkin County, Colorado has caused this
instrument to be executed this~~ day of ~ ~`~. , 2008.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
? ~'
~~> ~ /
J c Hatfield - hair an
The foregoing Restrictive Covenant was acknowledged before me this2~dday
of 2008, by Jack Hatfield as Chairman to the Board of County
Commissic~ it~p~Q1~}}nty, Colorado.
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No y Public
My Commission Expires: .~~x~.~;s ~~ ~ rrtw
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Illllllll111111111111111111111111illlllllllllllllllllll a892~3 ~@.
IF DRVIS PITKIN COUNTY CO R 18.00 •341
D 102.50
EXHIBIT A
A PARC$L OF LAND SITUATED IN TRACT 62, SECTIONS 12 AND 13, TOWNSHIP 8 SOUTH,
RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, LYING
EASTERLY OF THE CENTER OF SOPRIS CREEK, NORTHERLY OF THE CENTER OF HOME SUPPLY
DITCH, AND SOUTHERLY AND WESTERLY OF A COUNTY ROAD AS CONSTRUCTED AND IN PLACE
DESCRIBED AS FOLLOWSe
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID TRACT 62, SAID POINT BEING
IN THE CENTER OF 30PRIS CREEK, WHENCE ANGLE POINT NO. 4 OF SAID TRACT 62 HEARS
NORTH 89 DEGRBES 02' WEST 1781.32 FEET;
THBNCE NORTH 39 DEGR88S 28' EAST 28.42 PBET ALONG THE CENTER LINE OF SAID
CREEK;
THENCE NORTH 08 D8GRE8S 08' BAST 49.50 FEET ALONG THE CENTER LINE OF SAID
CREEK;
THENCE NORTH 42 DEGREES 31' EAST 16.28 FEET ALONG THE CENTER LI1dE OF SAID
CREEK;
THENCE NORTH 65 DBGREES 46' EAST 43.86 F88T ALONG THE CBNTER LINE OF SAID
CREEK;
THENCE NORTH 31 DEGREES 11' EAST 88.84 F88T ALONG THE CENTER OF SAID CREEK;
THENCE NORTH 21 DEGRBES 39' WEST 73.16 FEET ALONG THE CENTER LINE OF SAID
CREEK;
THENCE NORTH 02 DEGRBES 32' BAST 68.07 FEET ALONG THE CBNTER LING OF SAID
CR88R;
THENCE NORTH 07 DEGRBES 57' WEST 137.32 FEET ALONG THE CBNTER LZNB OF SAID
CREEK;
THENCE NORTH 89 DEGR88S 12' WEST 71.01 PEET ALONG THE CBNTER LINE OF SAID
CREEK;
THSNCB NORTH 66 DEGREES 22' WEST 69.86 FEET ALONG THE CENTER LINE OF SAID
CREEK;
THENCE NORTH 23 DEGREES 18' WEST 149.16 FEET ALONG THE CENTER LINE OF SAID
CREEK;
THENCE NORTH 12 DBGREES 45' WEST 54.34 FEET ALONG THE CENTER LINE OF SAID
CREEK;
THENCE NORTH 06 DEGRBES 45' EAST 93.65 FBBT ALONG THE CENTER LING OF SAID
CREEK;
THENCE NORTH 22 D8GR88S 50' EAST 61.85 FEET ALONG THE CENTER OF SAID CREEK;
THENCE NORTH 09 DEGREES 07' EAST 82.04 F88T ALONG THB CENTER LINE OF SAID
CRBER;
TH8NC8 NORTH 13 DEGREES 49' WEST 62.82 FEET ALONG THE CENTER LINE OF SAID
CRBER;
THENCE NORTH 29 DEGREES 03' BAST 20.59 FEET ALONG THE CBNTER LINE OF SAID
CR88K;
THBNCE NORTH 07 DEGRBES 10' BAST 152.20 FEET ALONG THE CENTER LINE OF SAID
CR88R;
THENCE NORTH 07 DEGREES 36' WEST 60.53 FEET ALONG THE CENTER LINE OF SAID
CREEK;
THENCE NORTH 16 DEGRBES 24' BAST 103.21 FBBT ALONG THE CREEK LINE OF SAID
CREEK TO A POINT ON THE SOUTHERLY LINH OF SAID ROAD;
THENCE NORTH 89 DEGREES 14'28" EAST 567.30 FEET ALONG TH8 SOUTHERLY LINE OF
SAID ROAD;
THENCE SOUTH 72 DBGRBBS 47'02" EAST 330.76 FEET ALONG TH8 SOUTHERLY LINE OF
SAID ROAD;
THENCE SOUTH 57 DBGREES 59'13" EAST 64.91 FEET ALONG THE SOUTHWESTERLY LINE OF
SAID ROAD;
TH8NC8 SOUTH 00 DBGRE85 15'57" EAST 836.47 BEET ALONG THE WESTERLY LINE OP SAID
ROAD TO A POINT IN TH8 CBNTER OF SAID DZTCH;
THBNCE SOUTH 71 D8GRE8S 04'48" WEST 57.41 FEET ALONG THE CSNTBR LINE OF SAID
DZTCH;
THBNCE SOUTH 78 DEGREES 16'46" WEST 313.81 FEET ALONG THE CBNTER LINE OP SAID
DITCH;
THBNCE SOUTH 73 DEGREES 15'32" WEST 202.11 FEET ALONG THE CBNTER LINE OF SAID
DITCH;
THBNCE SOUTH 68 DBGREES 29'08" WEST 161.50 FEET ALONG TH8 CBNTER LINE OP SAID
DITCH;
THBNCE SOUTH 43 DEGRBES 34'06" WEST 160.98 8E8T ALONG THE CBNTER LINE OF SAID
DITCH;
0384519
EXHIBIT
E /"~
1111111 lllll ~Il~li Illll~ III~I IIIII II~II I II ~III~ IIII III 09 2 003 10:341
I IA DiiVIS PITKIN COUNTY CO R 18.00 D 102.50
EXHIBIT A
THENCE SOUTH 73 DEGREES 57'30" WEST 47.71 FEET TO A POINT IN THE CENTER OP
SAID CR88K, THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PARCEL OF LAND CONVEYED BY DEED RECORDED SEPTEMBER 23,
1971 IN BOOR 258 AT PAGE 60 UNDER RECEPTION NO. 147650 DESCRIBED AS FOLLOWS:
A PARCEL OF LAND SITUATED IN TRACT N0. 62 08 SECTIONS 12 AND 13, TOWNSHIP 8
SOUTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LYING SOUTHERLY OF THE
SOUTHERLY RIGHT OP WAY LINE OF A COUNTY ROAD AS CONSTRUCTED AND IN PLACE, ANp
EASTERLY OF THE CENTER LINE OF SOPRIS CREEK, SAID PARCEL BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT IN THE CENTER OF SAID CREEK, WHENCE AN IRON POST WITH A
BRASS CAP FOUND IN PLACE AND PROPERLY MARRED FOR ANGLE POINT N0. 4 OF SAID
TRACT 62 SEARS SOUTH 62 DEGREES 16'06" WEST 1871.31 FEET;
THENCE NORTH 09 DEGREES 07'00" EAST 59.45 FEET ALONG THE CENTER OF SAID CREEK;
THENCE NORTH 13 DEGREES 49'00" WEST 62.82 FEET ALONG THE CENTER OF SAID CREEK;
THENCE NORTH 29 DEGREES 03'00" EAST 20.59 FEET ALONG THE CENTER OF SAID CREEK;
THENCE NORTH 07 DEGREES 10'00" EAST 152.20 FEET ALONG THE CENTER OF SAID
CREEK;
THENCE NORTH 07 DEGRESS 36'00" WEST 60.53 FEET ALONG THE CENTER OF SAID CREEK;
THENCE NORTH 16 DEGREES 24'00" EAST 103.21 FEET ALONG THE CENTER OF SAID CREEK
TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD;
THENCE NORTH 89 DEGREES 14`28" EAST 387.37 FEET ALONG THE SOUTHERLY RIGHT OF
WRY LINE OF SAID COUNTY ROAD;
THENCE SOUTH 00 DEGREES 05'51" BAST 457.15 FEET;
THENCE NORTH 89 DEGREES 25'51" WEST 432.67 FEET TO A POINT IN THE CENTER OP
SAID CREEK, THE POINT OF BEGINNING.
COUNTY OF PITKIN, STATE OF COLORADO.
G384519
RECEPTION#: 545760, 01/10/2008 at 03:19:57 PM, 1 OF 6, R $0.00
Janice K. Vos Caudill, Pitkin County, CO
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO RE-EVALUATING ITS PREVIOUS DENIAL OF A
DEVELOPMENT APPLICATION SUBMITTED BY GRACE CHURCH AND
APPROVIlVG WITH CONDITIONS THE PREVIOUS APPLICATION OF GRACE
CHURCH FOR SPECIAL REVIEW, GMQS EXEMPTION FOR AN ESSENTIAL
COMMUNITY FACILITY, 1041 HAZARD REVIEW AND CONCEPTUAL
SUBMISSION
RESOLUTION #~-2008
RECITALS
1. Grace Church of the Roaring Fork Valley, Inc. ("Applicant"} has applied to the
Board of County Commissioners of Pitkin County, Colorado ("BOCC") for special review,
GMQS exemption for an essential community facility, ] 041 hazard review and conceptual
submission.
2. The property is located at the intersection of Emma Road and Sopris Creek Road
and is more specifically described in Exhibit "A".
3. The BOCC previously heard this application at public hearings on March 23 and
May 11, 2005, at which time evidence and testimony were presented to the BOCC regarding this
application.
4. The BOCC has been involved in litigation with the Applicant in the United States
District Court. The presiding judge has cleazly intimated that the action of the BOCC constituted
a substantial burden on the free exercise of religion.
5. The BOCC is undertaking this re-evaluation of its previous action in order to
preserve the constitutional rights of all citizens and to adhere as closely as possible to the tenets
of the County Code and its adopted master plans.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that it does hereby re-evaluate its previous denial and approves with
conditions the previously submitted original application of the Applicant, summarized as
follows:
Improvements:
• 8,800 square foot sanctuary and chapel
• 2,400 square foot residential structure
• 3,800 square foot expansion structure
• Allowing for 500 squaze feet of sub-grade space and 197 pazking spaces
• With the elimination of the previously applied for creek-side chapel and creek-
side improvements; community gardens and orchards
EXHIBIT
E
RECEPTION#: 545760, 01/10/2008 at 03:19:57 PM, 2 OF 6,
Janice K. Vos Caudill, Pitkin County, CO
Resolution No. 00~ 2008
Page 2
• Providing for the removal of all existing buildings on the property
These improvements are generally depicted on Exhibit `B".
2. This action of the BOCC is taken pursuant to 42 U.S.C. § 2000cc-3(e).
3. This approval is conditioned upon:
(a) Adherence by the Applicant to all material representations made within its
application and at the previous public hearings;
(b) Vacation of trial currently set in the United States District Court for January
14, 2008;
(c) Completion and execution of an agreement between the BOCC and the
Applicant that consists of the following terms in a form acceptable to the
County Attorney:
• Grant ofone-acre to the County by the Applicant to be located in the
northwest comer of the property. One half of this acre to be used for a
County fuel facility and one half of this acre to be used for public parking
servicing the Rio Grande Trail and Emma Schoolhouse.
• Grant of a covenant to the County by the Applicant restricting the property
to the above-described improvements. Terms of the covenant shall run for
ten (10) years and then bind the property to the application of the Land
Use Code thereafter in perpetuity.
• The payment of a reasonable, fair-market value for the above-described
covenant to the Applicant by the County in an amount not to be less than
$350,000.
• Dismissal of all current state court appeals between the BOCC and
Applicant.
• Payment by the County to the Applicant of all attorneys' fees and costs in
association with the current U.S. District Court case incurred by the
Applicant.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES
WEEKLY ON DECEMBER 9, 2007.
APPROVED AND ADOPTED AT PUBLIC HEARING ON JANUARY 9, 2008.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON
N.G h , 2008.
RECEPTION#: 545760, 01j10j2008 at 03:19:57 PM, 3 OF 6,
Janice K. Vos Caudill, Pitkin County, CO
Resolution No. Qd J 2008
Page 3
ATTEST:
J nette Jones
D uty Clerk
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Ja atfield, Chair an~
Date• /~
APPROVED AS TO FORM:
-3 - - - ~
John M. EI}%,~`
ounYy Attorney
_~.-
d~'~tw~lQ d~ G!k
m y ouben
Director, Community Development
H1~(.:L~Y'1'lUN9i: 747 /OV, U1/1V/LV VO ac ~.~: iv.oi ri , -. .~r ,
Janice K. Vos Caudill, Pitkin County, CO
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RECEPTION#: 545760, 01/10/2008 at 03:19:57 PM, 6 OF 6,
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GRACE CHURCH OF THE ROARING FORK VALLEY
CONCEPT MA.ST6R PLAN
S89°09'46"W S89°09'46"W
59.79' 120,14'
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N~5 PITCO LAND LEGAL DESCRIPTION GRACE CHURCH EXHIBIT
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PARCEL A
PITCO Refueling Center
Beginning at the north west corner of a parcel of land being parcel number
246513200014 as designated by the office of the Pitkin County Assessor said point also
being the north east corner of a parcel of land as described in book 258, page 60 in the
office of the Pitkin County clerk and recorder thence S 00°10'33"E a distance of 268.04
feet along the east boundary of said parcel described in book 258, page 60 to a point on
said east boundary line; thence leaving said east boundary line N 90°00'00"E a distance
of 116.98 feet; thence N 00°00'00" E a distance of 121.9.5 feet ; thence N 90°00'00" W a
distance of 58.03 feet; thence N 00°00'14"E a distance of 146.97 feet to a point on the
northern boundary of said parcel number 246513200014; thence along said northern
boundary also being the southern right of way of Emma road S 89°09'46" W a distance of
59.79 feet to the point of beginning.; containing 0.5284 acres more or less.
PARCEL B
PITCO Dedicated Parking
Beginning at a point on the northern boundary of a parcel, for which the parcel number is
246513200014 as designated by the office of the Pitkin County Assessor whence the
north west corner of said parcel and the north east corner of a parcel of land as described
in book 258, page 60 in the office of the Pitkin County clerk and recorder bears
S 89°09'46" W a distance of 59.79 feet; thence S 00°00'14" W a distance of 146.97 feet;
thence N 90°00'00" E a distance of 159.08 feet; thence N 00°00'00" E a distance of
136.71 feet to a point on the northern boundary of said parcel number 246500014 said
point also being a point on the southern right of way of Emma road; thence the following
two courses along the northern boundary of a parcel, for which the parcel number is
246513200014 and the southern right of way on Emma road
1. N 72°51'44" W a distance of 40.75
2. S 89°09'46" W a distance of 120.14 feet to the point of beginning.; containing 0.5353
acres more or less.