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Home My WebLink Aboutpitkin.planning.246314200800 (2018)Parcel ID: 2463-14-2-00-800 Application Date: 2/14/18 Case No: P016-1 Description: Tybar Bull Pen Parcel Location and Extent Review // Fee PD Journal Entry Planner: Mike Kraemer # Copies: 1 Allocated Hours: 3 Project Address: 0 PRINCE CREEK RD, CARBONDALE, CO 81623-0508 % Over Hours: 3.6 Property Owner: PITKIN COUNTY OPEN SPACE Address: 530 E MAIN ST Owner Phone: ASPEN, CO 81611 Owner's REP: JESSIE YOUNG Address: 806 W HALLAM ST REP's Phone: (970) 429-6169 ASPEN, CO 81611 REP's Email: jessie.young@pitkincounty.com Referrals: COUNTYATTORNEY REFERRAL Other Referrals: Crystal River Caucus None ALL OTHER REFERRALS Stark Mesa HOA None Prince Creek Village Tracts HOA None Comments Due Date: 03/23/2018 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: 04/03/2018 Review Body: p&Z Public Hearing? yes Notice Date: 03/01/2018 Meeting Notes: Approvals: BOCC Resolution #: P&Z Determination #: 005-2018 #647071 BOCC Ordinance #: HO Determination #: Admin Determination #: Other Information: VR Approval Date: Plat Recorded Date: VR Expires Date: Plat (Bk, PG): N/A Remarks: no vesting Application Type: MEMORANDUM TO: Pitkin County Planning and Zoning Commission FROM: Tami Kochen, Planner RE: Prince Creek Trail Parking Area - Location and Extent Review DATE: April 3rd, 2018 SUMMARY OF REQUEST: The Applicant is requesting Location and Extent review approval to construct the Prince Creek Trail Parking Area which includes a soft surface parking lot, restroom shelter, kiosk, crosswalk, safety signage, a soft surface trail connection to the existing Prince Creek Trail, landscaping, and to conduct revegetation activities. OWNER/APPLICANT: Pitkin County Open Space and Trails ("OST") REPRESENTATIVE: Jessie Young, Pitkin County OST Environmental Planner LOCATION: The property is commonly referred to as the Bull Pen Parcel and is more specifically described in Attachment A. The Parcel Identification Number is 246314200800. It is located approximately 1.6 miles southeast of the Highway 133 and Garfield County Road 111 intersection. ZONING/PARCEL SIZE: The parcel contains 4.918 acres and is non -conforming in the RS -30 zone district. BACKGROUND: The Crown area is a Special Recreation Management Area owned and managed by the Bureau of Land Management ("BLM"). The BLM manages the Crown for day -use recreation with an emphasis on mountain biking and limited motorized use. The areas popularity as a recreation destination continues to grow with locals and visitors. With the increased popularity is an increased need for management and maintenance of access and trail use. Currently parking occurs on the shoulders of Prince Creek Road at the intersection of Handy Drive and is insufficient to meet the increased demand as well as creates numerous safety hazards. In an effort to improve safety, sustainable use of the trails, and signage, the BLM acquired the Haines Parcel through the recent Sutey-Two Shoes land exchange. In partnership, OST acquired trail easements and fee simple property including the Bull Pen Parcel to provide a designated parking area for the Crown trail users. Following the adoption of the Prince Creek Management Plan by the Open Space and Trails Board in July 2017, OST received Location and Extent approval from the Planning and Zoning Commission to extend the Prince Creek Trail toward Highway 133 for approximately 1.45 miles. The extension was completed in the fall of 2017. As outlined in the Management Plan, the County's goal is to separate bike and pedestrian traffic from motorized traffic. In the fall of 2017, OST, Pitkin County Engineering and the BLM evaluated six potential parking locations on BLM and Pitkin County owned lands. The OST Board selected two options. Public feedback was collected on the two options through January 31st, 2018. A public meeting was held January 27t'', 2018. On February 22"d, 2018, the OST Board selected to move forward with the East Bull Pen Option. The BOCC directed OST staff to pursue land use approval for the proposed East Bull Pen Plan on March 6t'', 2018. EXISTING CONDITIONS: The 4.918 acre parcel is currently improved with a shed, domestic well (not in operation), an abandoned concrete tank and pump, buried domestic spring line and "spring manhole", and a cistern. The cistern has access easements shared by the Flying Dog Ranch and the McKoy property. The "spring manhole" contains valve works, which control spring water for four nearby properties. No water rights were conveyed with the parcel, however, a provision for temporary water rights for revegetation purposes was provided with the parcel by the seller. Self imposed restrictive covenants limit the use of the parcel to trailhead parking, picnicking and related recreational activities including public restrooms. Commercial use is prohibited. The County has reserved the right to resell the land as an unrestricted parcel if it is determined that all or a portion of the parcel is not needed for trailhead parking or the preservation of open space. Due to previous grazing activity and unmanaged degradation, the parcel contains noxious weeds. PROPOSAL: In accordance with the Prince Creek Management Plan, the Applicant is proposing the following improvements at the Bull Pen Parcel in an effort to improve safety, reduce environmental impacts, and improve user experience for the Prince Creek Trail/Crown Mountain Trails: • Soft surface parking lot to accommodate 35 vehicles • Restroom shelter with informational kiosk • Crosswalk across Prince Creek Road from the Bull Pen Parking Lot to the Prince Creek Trail • Trail crossing signage for west and east bound traffic • Trail connection to the existing Prince Creek Trail P► • Landscaping and revegetation • Noxious weed mitigation APPLICABLE MASTER PLAN: Crystal River Valley Master Plan PROCEDURE/PROCESS: C.R.S 30-28-110(1) and Land Use Code Sec. 2-30-30(h)(10) provide that the Planning Commission shall review the location and extent of public projects proposed by a governmental entity in the unincorporated area of the County for conformance with the applicable comprehensive plan or master plan. The Planning Commission's action on a Location and Extent proposal is essentially "advisory", as disapproval may be overruled by the governmental jurisdiction making the proposal. No other land use review is required. REFERRALS: The application was referred to the County Attorney, Crystal River Valley Caucus, Stark Mesa HOA, and Prince Creek Village Tracts HOA. STAFF COMMENTS: The Crystal River Valley Master Plan was adopted in 2016 and is applicable for this review. The Applicant has correctly identified and addressed the Land Use Goals and Objectives section and the proposed plan shows consistency as outlined below: The Crystal River Valley Master Plan first and foremost values the preservation of the natural environment and the protection of our rural character. Subsequent core values include preservation of open space, wildlife habitat, the Highway 133 scenic corridor, water quality, climate change mitigation, expanded recreational opportunities (including walking, hiking, cross-country skiing, bicycle riding, horseback riding and Whitewater sports), limiting growth, development that does not endanger wildlife or habitat, small- scale commercial activities and the economic vitality of existing and home based businesses. Master Plan Strategy I - Environment: Lands within the Crystal River Valley Planning Area should be maintained in a manner that preserves and protects the natural environment, encourages non -motorized recreational activities and maintains the rural and agriculture character of the valley. Specific Goals Include: • Future development must be sensitive to the unique landscape, physical features and visual beauty, which define the valley and protect wildlife and wildlife habitat, and air and water quality and quantity. • Protect landscapes, views and ridgelines and urge the Pitkin County Open Space and Trails Board to purchase easements to protect the landscape and visual beauty of the valley. • Preserve, protect and improve water resources and riparian and wetland habitat throughout the Crystal River valley. • Public lands within the Crystal River Valley should be managed to protect and preserve the natural environment, while maintaining passive recreational uses and livestock grazing. • Improve coordination with Caucuses and landowners to effectively address noxious and invasive weed management. Integrated weed management and spot spraying are preferred strategies to broadcast spraying of herbicides. A clear distinction must be made between native plants beneficial to pollinators and those noxious to livestock. Staff Response: The implementation of the Prince Creek Trail Parking Area Plan aligns with multiple objectives under the Environment Strategy of the Crystal River Valley Master Plan. By locating a designated parking area closer to Highway 133, vehicle miles traveled and associated environmental impacts will be reduced. The goal of encouraging non -motorized recreational activities is directly supported by making the Prince Creek Trailhead more safely accessible to mountain bikers and pedestrians. The Applicant has committed to addressing the degraded condition of the parcel by managing the noxious weeds and revegetating with native species. The soft surface lot and trail is consistent with the rural character. Native vegetation will be planted to provide screening to the extent possible to minimize the visual impact to neighbors and Prince Creek Road. The Applicant has committed to utilizing best management practices to protect the water quality of Prince Creek during construction and with continued use of the area. If fencing is installed, it will be constructed to wildlife friendly standards. Master Plan Strategy II — Recreation and Open Space: The Caucus supports expanding non -motorized recreational activities, which maintain the integrity of the Valley's ecosystems (refer to the Environment Section) Access for residents and visitors to these varied recreational activities should be maintained and improved. Trails should be designed to protect human safety and utility while minimizing impact upon wildlife, habitat, and stream health and integrity. To achieve these goals the Caucus supports: • The efforts of the Pitkin County Open Space and Trails Board and/or other conservation groups as they continue to acquire conservation easements or real property for the mutual benefit of landowners and the public. • The acquisition and designation of Open Spaces should be balanced between wildlife habitat and recreational use. • Sustainable wildlife management on Open Space lands, in co-ordination with the Colorado Parks and Wildlife. • Encourage cross-country skiing, hiking, horseback riding, hunting, fishing, rafting, kayaking and other non -motorized uses on public lands, which are consistent with sustainable conservation practices. Staff Response: The Crown Mountain Special Recreation Management Area is a highly popular trail system for both local residents and visitors. By creating a designated parking area closer to the trailhead and closer to Highway 133, improving signage and sight lines, and providing restroom facilities, the non - motorized user experience including safety will be improved. Additionally, degradation to the Open Space lands and impacts to wildlife due to indiscriminate parking locations and inappropriate waste disposal should be reduced, thereby further improving open space and recreational use. Staff believes the Parking Area design balances the recreational uses with appropriate open space areas to protect wildlife, habitat and stream health. The parking area is located below the mapped elk winter concentration area and the existing seasonal closures. Colorado Parks and Wildlife support the location for recreational parking serving the Crown at the Bull Pen parcel. RECOMMENDATION: Staff recommends that the Planning Commission find Prince Creek Trail Parking Area Location and Extent Review in conformance with the Crystal River Valley Master Plan, subject to the attached Resolution. ATTACHMENTS: A. Parcel Legal Description B. Application 4 RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF PITKIN COUNTY, COLORADO, FINDING THE PRINCE CREEK TRAIL PARKING AREA LOCATION AND EXTENT REVIEW IN CONFORMANCE WITH THE CRYSTAL RIVER VALLEY MASTER PLAN Resolution No. PZ- -2018 RECITALS 1. The Pitkin County Open Space and Trails Department ("OST") (hereafter referred to as the "Applicant") has applied to the Planning and Zoning Commission of Pitkin County ("Planning Commission") to obtain approval for Location and Extent Review to construct the Prince Creek Trail Parking Area including a soft surface parking lot, restroom shelter, kiosk, crosswalk, safety signage, a soft surface trail connection to the existing Prince Creek Trail, landscaping, and to conduct revegetation activities. 2. The property is commonly referred to as the Bull Pen Parcel and is legally described in Attachment A. The Parcel Identification Number is 246314200800. 3. The parcel contains 4.918 acres and is non -conforming in the RS -30 zone district. 4. Pursuant to C.R.S 30-28-110(1), and Land Use Code Section 2-30-30(h)(10), the Planning Commission finds that Location and Extent Review for the proposed Prince Creek Trail Parking Area improvements is the only applicable review for the proposal. 5. The Planning Commission reviewed the application at a duly noticed public hearing on April 3', 2018 at which time evidence and testimony were presented with respect to this application. 6. The Planning and Zoning Commission further finds the proposed improvements are consistent with the 2016 Crystal River Valley Master Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission that it hereby finds that the Prince Creek Trail Parking Area Improvements Location and Extent Review are in conformance with the Crystal River Valley Master Plan, subject to the following conditions: 1. The Applicant shall adhere to all material representations made during the application process or in public meetings or hearings and shall consider those representations to be conditions of approval. 2. The Applicant shall apply for, and obtain the applicable County permits for the improvements. 3. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property or vested rights associated with this property. Resolution No. PZ- -2018 Page 2 NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 1St DAY OF MARCH 2018. FOUND IN CONFORMANCE WITH THE CRYSTAL RIVER VALLEY MASTER PLAN by the Planning Commission this 3'd Day of April, 2018. ATTEST: Bonnie Shiles, Administrative Assistant APPROVED AS TO FORM: John Ely, County Attorney P016-18 PID 246314200800 PLANNING AND ZONING COMMISSION OF PITKIN COUNTY, COLORADO Jeff Conklin, Chair Date APPROVED AS TO CONTENT: Cindy Houben, Community Development Director LEGAL DESCRIPTIONS: BULLPEN A PARCEL OF LAND SITUATED IN LOTS 4 AND 8, SECTION 14, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, LYING SOUTHERLY OF THE SOUTHERLY RIGHT-OF-WAY FENCE OF PRINCE CREEK COUNTY ROAD AS CONSTRUCTED AND IN PLACE (1980); NORTHERLY OF THE SOUTH LINE OF SAID LOTS 4 AND 8 AND WESTERLY OF THE EAST LINE OF SAID LOT 8; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 8, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 14 BEARS S36°46'50"E, A DISTANCE OF 3922.61 FEET (WITH ALL BEARINGS SHOWN HEREON BEING RELATIVE TO A BEARING OF S00°14'30"E FROM THE 1/4 CORNER COMMON TO SECTIONS 13 AND 14, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN TO SAID SOUTHEAST CORNER OF SAID SECTION 14); THENCE N89°56'50"W, ALONG THE SOUTHERLY LINES OF SAID LOTS 4 AND 8 A DISTANCE OF 768.71 FEET TO A POINT ON A FENCE LINE AS CONSTRUCTED AND IN PLACE (1980); THENCE LEAVING SAID SOUTHERLY LINE N12°40'23"E, ALONG SAID FENCE LINE A DISTANCE OF 441.13 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY FENCE OF PRINCE CREEK COUNTY ROAD AS CONSTRUCTED AND IN PLACE (1980); THENCE LEAVING SAID FENCE LINE ALONG SAID SOUTHERLY RIGHT-OF-WAY THE FOLLOWING THREE (3) COURSES: 1) S73°54'22"E, A DISTANCE OF 369.02 FEET 2) S65°30'55"E, A DISTANCE OF 56.13 FEET 3) S42°31'29"E, A DISTANCE OF 393.85 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 8; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY S00°19'05"E, ALONG SAID EASTERLY LINE OF SAID LOT 8 A DISTANCE OF 15.27 FEET TO THE POINT OF BEGINNING. CONTAINING 214,235 SQUARE FEET OR 4.918 ACRES, MORE OR LESS. COUNTY OF PITKIN STATE OF COLORADO Bull Pen Parking Area I Location and Extent Application 8 Parcel #: 246314200800 BULL PEN PARKING Location and Extent Application February 15, 2018 February 19, 2018 Mike Kraemer, Planner Community Development Department Pitkin County, Colorado 130 S. Galena Street Aspen, CO 81611 RE: Bull Pen Parking Area - Parcel ID: 246314200800 and possibly adjacent Pitkin County right-of-way. Pitkin County Open Space and Trails is requesting a Location and Extent Review for the implementation of the Bull Pen parking area pursuant to Section 2-30-10(h)(10) of the Pitkin County Land Use Code and Section 2.2.23 of the Pitkin County Land Use Application Manual. Identifying a location for the parking area serving the Crown Mountain trails on BLM land was included in the adopted Prince Creek Management Plan. Following the adoption of the management plan, OST staff worked with the BLM and engineering staff to study additional parking options on both BLM and Open Space properties. In the December 12, 2017 Open Space Board meeting, direction was given to move forward a parking area on the Bull Pen Open Space Parcel. The Bull Pen parcel was originally purchased in 2016 in conjunction with the Haines Parcel Land Exchange for the purpose of providing parking to serve the popular trail network. Two options for this parking area were put out for public comment and a final decision from the OSTB is expected at the Open Space and Trails board meeting on February 22, 2018. The proposed parking area will provide access to the recently constructed trail segment that parallels Prince Creek Road and connects with the boundary of the BLM's Crown Mountain Special Recreation Management Area. Recreational use of the road including pedestrians, dog walkers and bicyclists has created increased congestion and safety concerns along the rural roadway. By locating parking as far down on Prince Creek road as possible, OST seeks to alleviate some of the congestion and recreation -related vehicular traffic along Prince Creek Road. The following application materials include a written response addressing how the proposed parking area supports the goals and objectives outlined in the 2016 Crystal Valley Master Plan and the materials required in the pre -application conference summary and identified code sections. We hope to proceed to a public hearing with the Pitkin County Planning and Zoning Commission in April 2018. Please contact me if you need additional information, have any questions, or if you wish to discuss the application in general. Sincerely, Jessie Young Pitkin County Open Space and Trails 970.920.5224 jessie.young@pitkincounty.com 806 West Hallam St I Aspen, CO 81611 Bull Pen Parking Area I Location and Extent Application 2 Parcel #: 246314200800 TABLE OF CONTENTS: 1. INTRODUCTORY INFORMATION AND CODE COMPLIANCE Parcel Description 5 Vicinity Map 5 Crown Mountain Context Map 6 Parcel Map 7 Legal Descriptions 8 Background Information and Existing Conditions 9 Proposed Parking Improvements 10 Code Compliance - Section 2.30.30 (h)(10): Location and Extent Review 10 2. SITE PLAN OPTIONS 3. ATTACHMENTS Agreement for Payment of Land Use Application Fees Form Pre -application Conference Summary Property owners within 300 feet Special Warranty Deed Title Policy for Bull Pen Parcel Restrictive Covenants Bull Pen Parcel 12 15 Bull Pen Parking Area I Location and Extent Application 3 Parcel #: 246314200800 1. INTRODUCTORY INFORMATION AND CODE COMPLIANCE Bull Pen Parking Area I Location and Extent Application 4 Parcel #: 246314200800 PARCEL DESCRIPTION STREET ADDRESSES: Parcel ID: 246314200800 ADDRESS: PRINCE CREEK RD. (no assigned address) The Bull Pen property is on the south side of Prince Creek Road, approximately 1.6 miles to the southeast of the Highway 133 and Garfield County Road 111 intersection. Current vehicular access to the property is provided at two points, at both the west and east ends of the property. VICINITY MAP Bull Pen Parking Area I Location and Extent Application 5 Parcel #: 246314200800 PRINCE CREEK / CROWN MOUNTAIN CONTEXT Prince Creek Planning Area ] Pitkin County OST Parking Options L] BLM Planned/Existing Parking ® No Parking Pitkin County Boundary The Crown (BLM Lands) - PCOSTparcels ® Prince Creek Trail Easements Pitkin County Prince Creek Trail BLM Travel Mgmt Designations Foot/horse only Mechanized Motorcycle Full sized vehicle Proposed consolidated individual and group camping sites 0 Feet 0 1,000 2,000 4,000 Bull Pen Parking Area i Location and Extent Application 6 Parcel #: 246314200800 T* 1 � \/• \ \\\\\ .., /�� ,., � Pn'nce Creek �y LEGAL DESCRIPTIONS: BULLPEN A PARCEL OF LAND SITUATED IN LOTS 4 AND 8, SECTION 14, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, LYING SOUTHERLY OF THE SOUTHERLY RIGHT-OF-WAY FENCE OF PRINCE CREEK COUNTY ROAD AS CONSTRUCTED AND IN PLACE (1980); NORTHERLY OF THE SOUTH LINE OF SAID LOTS 4 AND 8 AND WESTERLY OF THE EAST LINE OF SAID LOT 8; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 8, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 14 BEARS S36°46'50"E, A DISTANCE OF 3922.61 FEET (WITH ALL BEARINGS SHOWN HEREON BEING RELATIVE TO A BEARING OF S00°14'30"E FROM THE 1/4 CORNER COMMON TO SECTIONS 13 AND 14, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN TO SAID SOUTHEAST CORNER OF SAID SECTION 14); THENCE N89°56'50"W, ALONG THE SOUTHERLY LINES OF SAID LOTS 4 AND 8 A DISTANCE OF 768.71 FEET TO A POINT ON A FENCE LINE AS CONSTRUCTED AND IN PLACE (1980); THENCE LEAVING SAID SOUTHERLY LINE N12°40'23"E, ALONG SAID FENCE LINE A DISTANCE OF 441.13 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY FENCE OF PRINCE CREEK COUNTY ROAD AS CONSTRUCTED AND IN PLACE (1980); THENCE LEAVING SAID FENCE LINE ALONG SAID SOUTHERLY RIGHT-OF-WAY THE FOLLOWING THREE (3) COURSES: 1) S73°54'22"E, A DISTANCE OF 369.02 FEET 2) S65°30'55"E, A DISTANCE OF 56.13 FEET 3) S42°31'29"E, A DISTANCE OF 393.85 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 8; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY S00°19'05"E, ALONG SAID EASTERLY LINE OF SAID LOT 8 A DISTANCE OF 15.27 FEET TO THE POINT OF BEGINNING. CONTAINING 214,235 SQUARE FEET OR 4.918 ACRES, MORE OR LESS. COUNTY OF PITKIN STATE OF COLORADO Bull Pen Parking Area I Location and Extent Application 8 Parcel #: 246314200800 BACKGROUND INFORMATION & EXISTING CONDITIONS The Crown is a Special Recreation Management Area owned and managed by the Bureau of Land Management (BLM) accessed primarily from Prince Creek Road/Garfield County Road 111. The area's popularity as a recreation destination continues to grow with visitors from around the Roaring Fork Valley and beyond. The BLM is managing the Crown for day -use recreation with an emphasis on mountain biking and limited motorized use. The BLM is working with its partners to improve signage, sustainability of trails and to adopt the Haines Parcel of land along Prince Creek Road, acquired through the recent Sutey-Two Shoes land exchange. Pitkin County received funding from the same land exchange to facilitate the purchase of trail easements and fee simple property, including the Bull Pen parcel to provide a parking area for Crown access from the Carbondale side. In the fall of 2017, OST constructed the first phase of the Prince Creek Trail extending from the Crown toward Highway 133 for approximately 1.45 miles after receiving Location and Extent Approval for the trail in July 2017, following the adoption of the Prince Creek Management Plan by the Open Space and Trails Board. Along with the popularity of the area comes a need for increased management and maintenance of access and trails. The County's goal is to separate bike and pedestrian traffic from motorized traffic. The current parking that occurs along the shoulders of Prince Creek Road at the intersection of Handy Drive is unsustainable and insufficient to meet increased demand. In the fall of 2017, Open Space and Trails, Pitkin County Engineering staff and the BLM evaluated six potential parking sites on BLM and Pitkin County owned lands, arriving at two preferred options that meet the location and design criteria that were supported by the Open Space and Trails Board. Following the December 12th OST Board Meeting, the East and North parking area options were released for public feedback, which was collected through January 31st, 2018. The East Bull Pen option utilized the eastern half of the Bull Pen Parcel with an entrance from Prince Creek Road for vehicles and a trail crossing at the property's eastern edge. The North Bull Pen option would require realigning Prince Creek Road in the area adjacent to the Bull Pen and utilizing the road right-of-way for the parking area. The north option would not require a trail crossing as the trail would be on the same side of the road as the parking. An on-site meeting was held with neighbors on January 24th to collect their input, preferences and concerns. Some of the themes that emerged from the meeting with neighbors included safety concerns of increased congestion, sightlines and speeds at the crossing, nuisance concerns about noise and enforcement of the regulations, and visual impacts of the parking area. The comments received from the general public, submitted via the on-line comment form, showed a positive response to a parking area at the Bull Pen. Bull Pen Parcel • 4.918 acres • Restrictive convents limit the County's use of the parcel to trailhead parking, picnicking and related recreational activities, including the provision of public restrooms. No commercial use is permitted. The County has reserved the right to resell the land as an unrestricted parcel if it is determined that all or a portion of the parcel is not needed for trailhead parking or the preservation of open space. • Existing Structures and Improvements - The existing structures on the parcel are located on the northwestern portion of the lot and include a shed, a water well and a cistern. The cistern has access easements shared by the Flying Dog Ranch and the McKoy property to the west of the Bull Pen. There is an abandoned concrete tank and pump on the property which could be removed. There is also a buried domestic spring line and a "spring manhole" that contains valve works, which control spring water for four properties in the area. The domestic well, with a small pump house and manhole, is not currently in operation. • Water Rights - No water rights were conveyed with the parcel, however, the property has a well. There is a provision for the County's temporary use of the seller's water rights for irrigation purposes to re -vegetate areas with native plantings on the parcel following any future site work. Bull Pen Parking Area I Location and Extent Application 9 Parcel #: 246314200800 PROPOSED BULL PEN PARKING IMPROVEMENTS Open Space and Trails is proposing to construct a parking area on the Bull Pen Parcel (ID #246314200800). With the "East Bull Pen" option only the Bull Pen parcel would be used with an access accommodated from Prince Creek Road. If the "North Bull Pen" option is selected, the project will involve realigning Prince Creek Road onto the Bull Pen Property and utilizing the County's right-of-way north of the parcel and portions of the Bull Pen to provide parking. CODE COMPLIANCE - SECTION 2.30.30 (H)(10): LOCATION AND EXTENT REVIEW (a) The purpose of the location and extent review is to determine whether any proposed road, park, or other public way, ground, or space, or public building or structure, or public utility, whether publicly or privately owned is in conformance with the applicable Comprehensive Plan or Master Plan. Response —The Bull Pen parcel is within the boundaries of the Crystal River Caucus Master Plan, adopted by the Planning and Zoning Commission in September 2016. The core values established by the Caucus include the preservation of the natural environment and the protection of the valley's rural character, including the preservation of open space, wildlife habitat, scenic values and water quality; as well as recreational opportunities and the expansion of non -motorized activities, including hiking, bicycling and horseback riding. Implementation of a parking area at the Bull Pen parcel reflects the core values of the Caucus's Master Plan to expand opportunities for non -motorized recreational activities. The Bull Pen parking area aligns with a number of the more specific strategies under the Environment and Recreation and Open Space sections of the plan including the following: Master Plan Strategy - I. Environment: Lands within the Crystal River Valley Planning Area should be maintained in a manner that preserves and protects the natural environment, encourages non- motorized recreational activities and maintains the rural and agriculture character of the valley. Weed Management: It is recommended that the County improve coordination with Caucuses and landowners to effectively address noxious and invasive weed management. Integrated weed management and spot spraying are preferred strategies to broadcast spraying of herbicides. Response: The construction of a parking area at the Bull Pen achieves multiple environmental objectives to preserve and protect the natural environment. The location of the Bull Pen will reduce vehicular congestion along the rural Prince Creek Road by encouraging recreational visitors to the area to park closer to Highway 133, reducing the number of vehicle miles traveled. The shorter vehicle trip to access the Crown supports the Caucus' goals to protect the natural environment and encourage non -motorized recreational activities. Additionally, reduced traffic along the road will help to preserve the rural character of the valley. The Bull Pen property was previously used for grazing and as a result is in a degraded condition that has gone unmanaged, creating a problem with noxious weeds. The Open Space and Trails staff will work during the construction of the parking area and as part of the program's overall weed management practices to address and manage noxious weeds and support the integrity of the ecosystem with native vegetation. Any disturbance created by the construction of the parking area will be restored with native plants. The implementation of the parking area will utilize current best practices to ensure the water quality of Prince Creek is not impaired due to the construction activities or routine use of the parking area. The design for the parking area will strive to be consistent with the rural character of the area and will include native vegetation to provide screening to the extent possible to minimize the visual impact of the lot on adjacent landowners and motorists traveling along Prince Creek Road. Any fencing used will be wildlife friendly to ensure that animal movement is not altered. Bull Pen Parking Area I Location and Extent Application 10 Parcel #: 246314200800 Master Plan Strategy - II. RECREATION AND OPEN SPACE: The Caucus supports expanding non -motorized recreational activities, which maintain the integrity of the Volley's ecosystems (refer to the Environment Section.) Access for residents and visitors to these varied recreational activities should be maintained and improved. Trails should be designed to protect human safety and utility while minimizing impact upon wildlife, habitat, and stream health and integrity. To achieve these goals the Caucus supports: The efforts of the Pitkin County Open Space and Trails Board and/or other conservation groups as they continue to acquire conservation easements or real property for the mutual benefit of landowners and the public. The acquisition and designation of Open Spaces should be balanced between wildlife habitat and recreational use. Encourage cross-country skiing, hiking, horseback riding, hunting, fishing, rafting, kayaking and other non - motorized uses on public lands, which are consistent with sustainable conservation practices. Response: The Crown Mountain Special Recreation Management Area, owned and managed by the BLM is a significant trail system for residents of the Roaring Fork Valley as well as visitors. The Bull Pen parking area serves to improve access to the existing recreational amenities in the area. Safety is a primary design consideration and the sight lines for the parking entrance/egress and potential trail crossing both comply with the recommended safety standards. With the East Bull Pen option, the trail crossing will be stop controlled for trail users and trail crossing signage and traffic calming strategies will be utilized to slow vehicular traffic. The Bull Pen parcel provides parking for trail users that is well below the elk winter concentration area and the seasonal Crown Mountain trail closures and was Colorado Parks and Wildlife's preferred location for recreational parking to serve the Crown. (b) The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, or sale of or acquisition of land for any road, park or other public way, ground, place, property, or structure, shall be subject to similar submission approval. Response: The applicant understands that future requests not included in the application will be subject to subsequent location and extent application approval. (c) A location and extent review may be undertaken concurrently with any other applicable County review process. Response: No other County review process is applicable or requested. (d) in the case of disapproval by the Planning and Zoning Commission of a location and extent review the Commission shall communicate its reason to the governing body or official having jurisdiction for the proposed project. Response: This provision is understood by the applicant. Bull Pen Parking Area I Location and Extent Application 11 Parcel #: 246314200800 Bull Pen Parking Area I Location and Extent Application Parcel #: 246314200800 2. SITE PLAN OPTIONS 12 SITE PLAN - EAST PARKING AREA OPTION ------ ------ -- --- & o- - — - ------- % 4E7 AF v —P rin A -r-e. -Greeli-Road-- "o ai Potential Area t for Future 10%;r1 Expansion r T 0 spaces i, J ek V&- qw -.7 A* im11jjj!!! Y' Mill .10, .9 Stark Mesa Road Trail Crossing Signage V-7 TRML zw PRINCE CREIEK PARKING AND TRAILHI AG STUDY DRAWN BY; CJS ICHECKED Vi JTKIN �Ofirmry East Bull Pen Option SCALE; 'A = I= 60' C01UNTi 'Tourvi�V DATE: Nov 29, 2017 FILENAME: Prince-Gerles 4.dwq SCAM 11 = 60 IJOB NUMBER SHEET PUBLIC WORK5 OPEN SPACE AND TRAILS I I Bull Pen Parking Area I Location and Extent Application 13 Parcel #: 246314200800 SITE PLAN - NORTH PARKING AREA OPTION Ar _ -- .� . ,rti -.. - . �, , �► -dte �r� �40 jft or ;. Y ' 1 '1 'Lal 11 1 !' + r 1' i Ir Ve e a e _ reef oa . , r 9 4b loom M w1 - _-'may- 4ff . Pr�r��e creek - . 0, �► �'rt r � � �z c -. Ar` Connection om3 Prince Cree Directional Tra'. Jb R • r ti►r.� Fr rA 1 _ ," _____________ Mesa ' oil — — Stark Roa 10 ��• •• � _ r PRINCE CREEK PARKING AND TRAILHEAD STUDY DRAWN BY: CJB CHECKED BY: iTKrNfTIN North Bull Pen O tion SCALE: 1" = so' p DATE: Nov 29, 2017 n 25 so COUNTil COUNT FILENAME: Prince_5eries 4.dwg SCALE: 1'= 60' JOB NUMBER SHEET PUBLIC WORKS OPEN SPACE AND TRAILS Bull Pen Parking Area I Location and Extent Application 14 Parcel #: 246314200800 3. ATTACHMENTS Agreement for Payment of Land Use Application Fees Form Pre -application Conference Summary Property owners within 300 feet Title Policy for Bull Pen Parcel Restrictive Covenants Bull Pen Parcel Bull Pen Parking Area I Location and Extent Application 15 Parcel #: 246314200800 AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES FORM PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and _Open Space.. and Trails (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has submitted to COUNTY an application for the Bull Pen parking area (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 012-2016 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ 1,029 which is based on 3 hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY APPLICANT Cindy Houben Community Development Director Effective 4/9/08 G:county\admin\forms\agreement to pay Jessie 1(Q.ung, EAYirQlimental Planner Print Name Signature Date: February 15, 2018 MailingAddress: 806 West Hallam St Aspen, CO 81611 Bull Pen Parking Area I Location and Extent Application 16 Parcel #: 246314200800 PRE -APPLICATION CONFERENCE SUMMARY PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY LOCATION: Tybar Bull Pen Parcel PARCEL ID#'s: 246314200800 ZONE: RS -30 PARCEL SIZES: 4.9 OWNER/APPLICANT: Pitkin County Open Space and Trails (OST) REPRESENTATIVE: Jessie Young, OST Environmental Planner PHONE: 429-6169 EMAIL: jessie., oun pitkincoun , .com PLANNER: Mike Kraemer PHONE: (970) 920-5482 E-MAIL: michael.kraemer(cr�pitkincounty.com DATE: February 1, 2018 Type of Application: Location and Extent Review Description of Project/Development: The Applicant proposes to construct a parking area on the subject parcel pursuant to the adopted Prince Creek Management Plan. To consider the application for the April 3rd, 2018 PZ meeting date, an application will need to be submitted by February 191h, 2018. Land Use Code Sections to be addressed in letter of request (application): ❑ 2-30-30(h)(10): Location and Extent Review — Crystal River Master Plan htip://www.pitkincogpty.com/DocumentCenter/HomeNiew/13334 Review by: Planning and Zoning Commission Public Hearing: Yes. Notice is required via posting, mailing and publication. The Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the hearing pursuant to Sec. 2-20-100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice at least 30 days prior to the public hearing (by first class mail) to all property owners within 300' of the subject property with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. Staff will refer the application to the following agencies: Crystal River Caucus, Stark Mesa HOA, and Prince Creek Village Tracts HOA. FEES: $1,029.00 (make check payable to "Pitkin County Treasurer") ❑ $975 Planning Office flat fee (non-refundable; based on 3 hours of staff time; if staff review time exceeds 3.6 hours, the Applicant will be charged for additional time above 3 hours at a rate of $325/hour) ❑ $54 Public Notice Fee To apply, submit 1 copy (unbound) of the following information, unless noted otherwise: 1. Summary letter explaining the request, explaining existing conditions, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. Application Submission Requirements for Location and Extent Review as detailed in Section 2.2.23 of the Pitkin County Application Manual — 24" by 36" and 11" by 1799 . 3. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's right to use the land for the purposes identified in the development application. 4. Legal Description of the property. 5. Consent from the owner of the property for the representative to process the application and represent the owner; Bull Pen Parking Area I Location and Extent Application 17 Parcel #: 246314200800 6. Street address and parcel description, including legal description, and 8-1/2"x 11" vicinity map locating the subject property within Pitkin County; 7. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form (1 copy — form attached); 8. List of all property owners within 300' of the subject property (1 copy); and 9. Copies of this pre -application Conference Summary Sheet. 10. Email 1 complete PDF copy of the application to the following email address: plannin ag pps@pitkincoun ..com NOTES: ❑ PLEASE SUBMIT TWO UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ONALL DOCUMENTS INCLUDED IN YOUR APPLICATION. ❑ ALL MAPS SHALL BE FOLDED. One copy of submittal materials shall have all documents in format no larger than 81/2" by 11': ❑ This pre -application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. ❑ The Pitkin County Code and Land Use Application Manual can be found at the following link: http://www.pitkincoupiy.com/DocumentCenter/HomeNiew/248 Bull Pen Parking Area I Location and Extent Application 1$ Parcel #: 246314200800 PROPERTY OWNERS WITHIN 300 FEET Pitkin County Mailing List of 300 Feet Radius From Parcel: 246314200800 on 02/07/2018 ITKINT 6 CO UN cz�,D*C�111� Instructions: This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. Disclaimer: Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. http://www.pitkinmapsandmore.com Bull Pen Parking Area I Location and Extent Application 19 Parcel #: 246314200800 BLAKE PETER & ALEXANDRA MOHSENIN JEFFREY D & MARY ELIZABETH BARTOW ANDERSON SUE A 72 CABIN DR 35 STARK MESA RD 107 STARK MESA RD CARBONDALE, CO 81623 FLYING DOG RANCH WEST INC 1625 CR 111 CARBONDALE, CO 81623 CARBONDALE, CO 81623 DKD 2004 TRUST 18208 PRESTON RD #D9 PMB 298 DALLAS, TX 75252 CARBONDALE, CO 81623-8914 PITKIN COUNTY 123 EMMA RD #204 BASALT, CO 81621 Bull Pen Parking Area I Location and Extent Application 20 Parcel #: 246314200800 Bull Pen Parking Area I Location and Extent Application 21 Parcel #: 246314200800 SPECIAL WARRANTY DEED THIS DEED, dated July _, 2016 between the DKD "2004" TRUST, a Texas trust, Grantor, and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, whose address is 530 East Main Street, Aspen, Colorado 81611, Grantee: WITNESS, that the Grantor, for and in consideration of the sum of TEN DOLLARS ($I0.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Pitkin and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO Commonly known as: agricultural land near Carbondale, Colorado (the "Property") TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; EXCEPTING AND RESERVING, HOWEVER, unto Grantor, all water rights associated with the Property, whether adjudicated, unadjudicated, historically benefitting or appurtenant to the Property; such reserved water rights include Grantor's interest in the water rights, easements, rights of ingress, pipelines and water storage facilities and structures associated with the Vandventer Spring Ditch and domestic water system. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto Grantee, its successors and assigns forever. Grantor, for itself, its successors and assigns does covenant and agree that Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor EXCEPT FOR AND SUBJECT TO THE EXCEPTIONS TO TITLE LISTED ON EXHIBIT "B" ATTACHED HERETO. IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth above. DKD 112004" TRUST, a Texas trust r By: Emma Danciger, Trustee A e A co, STATE OF COLORADO COUNTY OF PITKIN The foregoing instrument was acknowledged before this? gtday of July, 2016, by Emma Danciger, Trustee on behalf of the DKD "2004" Trust, a Texas trust. A n A. CO - Witness my hand and official seal My commission expires:,? p.20 J. RARHAM NOTARY PUBLIC BTATB OF OOLORADO NO'T'ARY IO 20124022399 8947164 2 MY 0OWSSION ©(PIKES APRIL 29, 2020 Bull Pen Parking Area I Location and Extent Application Parcel #: 246314200800 RECEPTION#: 631085, 08/02/2016 at 12:02:11 PM, 1 OF 3, R $0.00 DF $0.00 Doc Code SPEC WD Janice K. Vos Caudill, Pitkin County, CO EXHIBIT "A" Property Description Bull Pen Parcel A PARCEL OF LAND SITUATED IN LOTS 4 AND 8, SECTION 14, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, LYING SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY FENCE OF PRINCE CREEK COUNTY ROAD AS CONSTRUCTED AND IN PLACE (1980); NORTHERLY OF THE SOUTH LINE OF SAID LOTS 4 AND 8 AND WESTERLY OF THE EAST LINE OF SAID LOT 8; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 8, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 14 BEARS S 36 DEGREES 46'50" E, A DISTANCE OF 3922.61 FEET (WITH ALL BEARINGS SHOWN HEREON BEING RELATIVE TO A BEARING OF S 00 DEGREES 14'30" E FROM THE 114 CORNER COMMON TO SECTIONS 13 AND 14, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN TO SAID SOUTHEAST CORNER OF SAID SECTION 14); THENCE N 89 DEGREES 56'50" W. ALONG THE SOUTHERLY LINES OF SAID LOTS 4 AND 8 A DISTANCE OF 768.71 FEET TO A POINT ON A FENCE LINE AS CONSTRUCTED AND IN PLACE (1980); THENCE LEAVING SAID SOUTHERLY LINE N 12 DEGREES 40'23" E, ALONG SAID FENCE LINE A DISTANCE OF 441.13 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY FENCE OF PRINCE CREEK COUNTY ROAD AS CONSTRUCTED AND IN PLACE (1980); THENCE LEAVING SAID FENCE LINE ALONG SAID SOUTHERLY RIGHT OF WAY THE FOLLOWING THREE (3) COURSES: 1) S 73 DEGREES 54'22" E, A DISTANCE OF 369.02 FEET 2) S 65 DEGREES 30'55" E, A DISTANCE OF56.13 FEET 3) S 42 DEGREES 31' 29" E, A DISTANCE OF 393.85 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 8; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY S 00 DEGREES 19'05" E, ALONG SAID EASTERLY LINE OF SAID LOT 8 A DISTANCE OF 15.27 FEET TO THE POINT OF BEGINNING COUNTY OF PITKIN, STATE OF COLORADO 8997485,1 Bull Pen Parking Area I Location and Extent Application Parcel #: 246314200800 EXHIBIT "B" TITLE EXCEPTIONS BULL PEN PARCEL 1. THE LIEN FOR 2016 PROPERTY TAXES DUE AND PAYABLE IN 2017, 2. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 05, 1895, IN BOOK 55 AT PAGE 61, RECORDED MARCH 21, 1908 IN BOOK 55 AT PAGE 1166, RECORDED JUNE 2l, 1892 IN BOOK 55 AT PAGE 27, AND RECORDED APRIL 11, 1923 IN BOOK 55 AT PAGE 274 3. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 02, 1908, 1N BOOK 55 AT PAGE 166, RECORDED NOVEMBER 5, 1919 IN BOOK 55 AT PAGE 237, RECORDED JUNE 21, 1892 IN BOOK 55 AT PAGE 2., AND RECORDED APRIL 11, 1923 IN BOOK 55 AT PAGE 274 4. TWELVE AND ONE-HALF PERCENT ROYALTY INTEREST IN ALL OIL, GAS AND OTHER MINERALS PRODUCED AND SAVED FROM THE SUBJECT PROPERTY AS RESERVED BY ROBERT W. LONG IN DEED RECORDED APRIL 17, 1961 IN BOOK 193 AT PAGE 479, ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 5. SIX AND ONE-QUARTER PERCENT ROYALTY INTEREST IN ALL OIL, GAS AND OTHER MINERALS PRODUCED AND SAVED FROM THE SUBJECT PROPERTY AS RESERVED BY M. STANLEY PINGS AND AMY W. PINGS IN DEED RECORDED JANUARY 6, 1969 IN BOOK 238 AT PAGE 835, ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN, 6. EASEMENTS AND RIGHTS OF WAY CONVEYED IN DEED RECORDED DECEMBER 23, 1968 IN BOOK 238 AT PAGE 833. 7. RESERVATIONS, EASEMENTS AND PROVISIONS CONTAINED IN DEED RECORDED JANUARY 21, 1971 IN BOOK 253 AT PAGE 8. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MARCH 26, 1974 IN BOOK 285 AT PAGE 312.. 9. TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS RIGHT OF WAY EASEMENT RECORDED MARCH 27, 1974 IN BOOK 285 AT PAGE 41 �). 10. EASEMENT AND RIGHT OF WAY FOR THE UNINTERRUPTED FLOW OF PRINCE CREEK. 11. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MAY 15, 1987 IN BOOK 536 AT PAGE 12. TERMS, CONDITIONS AND PROVISIONS OF FENCING AGREEMENT RECORDED DECEMBER 05, 1988 IN BOOK 579 AT PAGE 096. 13. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF UNDERSTANDING RECORDED MARCH 15, 1993 IN BOOK 706 AT PAGE 121). 14. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED JANUARY 12, 2007 AT RECEPTION NO. 533309. 15. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED DECEMBER 06, 2007 AT RECEPTION NO. 544687. 89953342 Bull Pen Parking Area I Location and Extent Application Parcel #: 246314200800 Land Title Guarantee Company Date:August 29, 2016 DIRECTOR, PITKIN COUNTY OPEN SPACE AND TRAILS Attn: MATT ADELETTI 530 EAST MAIN STREET. 3RD FLOOR ASPEN, CO 81611 matt.adeletti@pitkincounty.com PM Land Title CUARANTL E OOMPANT _.�rw2 Ir,&T Subject: Attached Title Policy 0X62007516.1842328 for "BULL PEN" VACANT LAND ON PRINCE CREEK ROAD, CARBONDALE, CO 81623 Enclosed please find the Owner's Title Insurance Policy for your purchase of the property listed above. This title policy is the final step in your real estate transaction, and we want to take a moment to remind you of its importance. Please review all information in this document carefully and be sure to safeguard this policy along with your other legal documents. Your owner's policy insures you as long as you own the property and requires no additional premium payments. Please feel free to contact any member of our staff if you have questions or concerns regarding your policy, or you may contact the Final Policy Department at Phone: 970-927-0405 or Email Address: finals@ltgc.com As a Colorado -owned and operated title company for over 45 years, with offices throughout the state, we take pride in serving our customers one transaction at a time. We sincerely appreciate your business and welcome the opportunity to assist you with any future real estate needs. Not only will Land Title be able to provide you with the title services quickly and professionally, but you may also be entitled to a discount on title premiums if you sell or refinance the property described in the enclosed policy. Thank you for giving us the opportunity to work with you on this transaction. We look forward to serving you again in the future. Sincerely, Land Title Guarantee Company Parcel #: 246314200800 * OWNER'S POLICY OF TITLE INSURANCE 7� ANY NOTICE OF CLAIM AND ANY OTHER NOTICE OR STATEMENT IN WRITING REQUIRED TO BE GIVEN TO THE COMPANY *UNDER THIS POLICY MUST BE GIVEN TO THE COMPANY AT THE ADDRESS SHOWN IN SECTION 18 OF THE CONDITIONS. *COVERED RISKS * * SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (the "Company"), insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the title; This covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. Issued through the Office of: LAND TITLE GUARANTEE COMPANY 3033 E 1ST AVE #600 DENVER, CO 80206 303-850-4165 John E. Freyer, President OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 612) 371-1111 Mark Bilbrey, President AMERICAN Rande Yeager, Secretary LAND TITLE ASSOCIATION ,m Copyright 2006-2015 American Land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY Adopted 6-17-06 Parcel #: 246314200800 ao.06.policy.pgl.ort.odt EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b) or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured. (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defensed as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenue, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) 'Title": The estate or interest described in Schedule A. "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third parry asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not Parcel #: 246314200800 insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must to so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligation to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third parry that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in the subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expensed incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons, Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. Parcel #: 246314200800 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim or loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law; The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum; Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111. ANTI -FRAUD STATEMENT: Pursuant to CRS 10-1-128(6)(a), it is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. This anti -fraud statement is affixed to and made a part of this policy. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY Adopted 6-17-06 Copyright 2006-2015 American Land Title Association. All rights reserved. ao.06.policy.cover.odt Parcel #: 246314200800 Land Title Guarantee Company Representing Old Republic National Title Insurance Company Schedule A Order Number: QC 62007516 Policy Number: 0X62007516.1842328 Amount: $500,000.00 Property Address: "BULL PEN" VACANT LAND ON PRINCE CREEK ROAD, CARBONDALE, CO 81623 1. Policy Date: August 02, 2016 at 5:00 P.M. 2. Name of Insured: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO 3. The estate or interest in the Land described or referred to in this Schedule and which is covered by this policy is: A FEE SIMPLE 4. Title to the estate or interest covered by this policy at the date is vested in: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO 5. The Land referred to in this Policy is described as follows: A PARCEL OF LAND SITUATED IN LOTS 4 AND 8, SECTION 14, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, LYING SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY FENCE OF PRINCE CREEK COUNTY ROAD AS CONSTRUCTED AND IN PLACE (1980); NORTHERLY OF THE SOUTH LINE OF SAID LOTS 4 AND 8 AND WESTERLY OF THE EAST LINE OF SAID LOT 8; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 8, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 14 BEARS S 36 DEGREES 46' 50" E, A DISTANCE OF 3922.61 FEET (WITH ALL BEARINGS SHOWN HEREON BEING RELATIVE TO A BEARING OF S 00 DEGREES 14,301, E FROM THE 1/4 CORNER COMMON TO SECTIONS 13 AND 14, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN TO SAID SOUTHEAST CORNER OF SAID SECTION 14); THENCE N 89 DEGREES 56'50" W. ALONG THE SOUTHERLY LINES OF SAID LOTS 4 AND 8 A DISTANCE OF 768.71 FEET TO A POINT ON A FENCE LINE AS CONSTRUCTED AND IN PLACE (1980); THENCE LEAVING SAID SOUTHERLY LINE N 12 DEGREES 40' 23" E, ALONG SAID FENCE LINEA DISTANCE OF 441.13 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY FENCE OF PRINCE CREEK COUNTY ROAD AS CONSTRUCTED AND IN PLACE (1980); THENCE LEAVING SAID FENCE LINE ALONG SAID SOUTHERLY RIGHT OF WAY THE FOLLOWING THREE (3) COURSES: 1) S 73 DEGREES 54'22" E, A DISTANCE OF 369.02 FEET 2) S 65 DEGREES 30' 55" E, A DISTANCE OF56.13 FEET 3) S 42 DEGREES 31'29" E, A DISTANCE OF 393.85 FEET TOA POINT ON THE EASTERLY LINE OF SAID LOT 8; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY S 00 DEGREES 19'05" E, ALONG SAID EASTERLY LINE OF SAID LOT 8 A DISTANCE OF 15.27 FEET TO THE POINT OF BEGINNING COUNTY OF PITKIN, STATE OF COLORADO This Policy Valid only if Schedule B is attached. Parcel #: 246314200800 Land Title Guarantee Company Representing Old Republic National Title Insurance Company (Schedule B) Order Number 62007516 Policy Number 0X62007516.1842328 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING 1) ANY FACTS, RIGHTS, INTERESTS, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC RECORDS BUT THAT COULD BE ASCERTAINED BYAN INSPECTION OF THE LAND OR THAT MAYBE ASSERTED BY PERSONS IN POSSESSION OF THE LAND. 2) EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC RECORDS. 3) ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION, OR ADVERSE CIRCUMSTANCE AFFECTING THE TITLE THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVEY OF THE LAND AND NOT SHOWN BY THE PUBLIC RECORDS. 4) ANY LIEN, OR RIGHT TO ALIEN, FOR SERVICES, LABOR OR MATERIAL HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. 5) (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER. ITEM NOS. 1 THROUGH 3 AND 5(A) AND 5(B) OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED. ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE SPECIFIC, DIRECT REQUEST, AND WITH THE ACTUAL KNOWLEDGE OF DKD "2004" TRUST, A TEXAS TRUST. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE SPECIFIC, DIRECT REQUEST, AND WITH THE ACTUAL KNOWLEDGE OF BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO. 6) TAXES AND ASSESSMENTS FOR THE YEAR 2016 AND SUBSEQUENT YEARS. 7) RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 05, 1895, IN BOOK 55 AT PAGE 61, RECORDED MARCH 21, 1908 IN BOOK 55 AT PAGE 166, RECORDED JUNE 21, 1892 IN BOOK 55 AT PAGE 27, AND RECORDED APRIL 11, 1923 IN BOOK 55 AT PAGE 274 8) RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 02, 1908, IN BOOK 55 AT PAGE 166, RECORDED NOVEMBER 5, 1919 IN BOOK 55 AT PAGE 237, RECORDED JUNE 21, 1892 IN BOOK 55 AT PAGE 27, AND RECORDED APRIL 11, 1923 IN BOOK 55 AT PAGE 274 9) TWELVE AND ONE-HALF PERCENT ROYALTY INTEREST IN ALL OIL, GAS AND OTHER MINERALS PRODUCED AND SAVED FROM THE SUBJECT PROPERTY AS RESERVED BY ROBERT W. LONG IN DEED RECORDED APRIL 17, 1961 IN BOOK 193 AT PAGE 479, ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 10) SIX AND ONE-QUARTER PERCENT ROAYALTY INTEREST IN ALL OIL, GAS AND OTHER MINERALS PRODUCED AND SAVED FROM THE SUBJECT PROPERTY AS RESERVED BY M. STANLEY PINGS AND AMY W. PINGS IN DEED RECORDED JANUARY 6, 1969 IN BOOK 238 AT PAGE 835, ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 11) EASEMENTS AND RIGHTS OF WAY CONVEYED IN DEED RECORDED DECEMBER 23, 1968 IN BOOK 238 AT PAGE 833. Parcel #: 246314200800 Land Title Guarantee Company Representing Old Republic National Title Insurance Company (Schedule B) Order Number 62007516 Policy Number 0X62007516.1842328 12) RESERVATIONS, EASEMENTS AND PROVISIONS CONTAINED IN DEED RECORDED JANUARY 21, 1971 IN BOOK 253 AT PAGE 324. 13) TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MARCH 26, 1974 IN BOOK 285 AT PAGE 382. 14) TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS RIGHT OF WAY EASEMENT RECORDED MARCH 27, 1974 IN BOOK 285 AT PAGE 416. 15) EASEMENT AND RIGHT OF WAY FOR THE UNINTERRUPTED FLOW OF PRINCE CREEK. 16) TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MAY 15, 1987 IN BOOK 536 AT PAGE 755. 17) TERMS, CONDITIONS AND PROVISIONS OF FENCING AGREEMENT RECORDED DECEMBER 05, 1988 IN BOOK 579 AT PAGE 996. 18) TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF UNDERSTANDING RECORDED MARCH 15, 1993 IN BOOK 706 AT PAGE 129. 19) TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED JANUARY 12, 2007 AT RECEPTION NO. 533309. 20) TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED DECEMBER 06, 2007 AT RECEPTION NO. 544687. 21) TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS ASSET FORTH IN RESTRICTIVE COVENANTS FOR TYBAR BULL PEN PARCEL RECORDED AUGUST 02, 2016 UNDER RECEPTION NO. 631086. 22) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EMERGENCY ORDINANCE NO. 16, SERIES OF 2016 RECORDED JULY 29, 2016 AS RECEPTION NO. 630994. Parcel #: 246314200800 RESTRICTIVE COVENANTS FOR TYBAR BULL PEN PARCEL THESE RESTRICTIVE COVENANTS (the "Covenants") are entered into effective as of the J Olth day of ZZ -4.l , 2016 (the "Effective Date"), by and between DKD " 004" TRUST, a Texas trust, doing business as TYBAR ANGUS RANCH ("Tybar") and the BOARD OF COUNTY COMMISSIONERS FOR PITKIN COUNTY, Colorado (the "County"). RECITALS: A. Tybar is the owner of the real property described as the Tybar Ranch Subdivision/PUD, according to the Plat thereof recorded April 9, 2007 in Plat Book 83 at Page 28 as Reception No. 53644, as modified and amended by the Subdivision Exemption Plat of Open Space Parcels for the Prince Creek Trail recorded jtj kA Z(:� , 2016 in Plat Book at Page iA as Reception No. 6361-c1 Z_ (the aTybar Property"). B. The County, in Ordinance No. O Ila -2016 (the "Approval Ordinance"), approved the acquisition from Tybar of a 4.918 -acre tract of land (the "Bull Pen Parcel") located south of and across Prince Creek Road (Pitkin County Road No. 5) from the Tybar Property. The Bull Pen Parcel is legally described on Exhibit "A" attached hereto and shown on a reduced copy of the Improvement Survey Plat of the Bull Pen Parcel (the "Improvement Survey Plat") attached hereto and labeled as Exhibit «B " C. Tybar and the County have agreed upon the terms and conditions of the sale and transfer of the Bull Pen Parcel from Tybar to the County, and in connection therewith Tybar and the County desire to enter into and establish these Covenants which shall burden the Bull Pen Parcel and benefit the Tybar Property. NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Trailhead Use Restrictions Applicable to Bull Pen Parcel. So long as the County owns all or any portion of the Bull Pen Parcel, the use of the Bull Pen Parcel shall be limited to trailhead parking, picnicking and related recreational activities, and to provide public restrooms consistent with these permitted uses and restrictions (hereinafter collectively referred to as the "Trailhead Use Restrictions"); provided, however, that pursuant to Section 13.5.3 of the Pitkin County Home Rule Charter, the County reserves the right to convey interests in the Bull Pen Parcel and in connection therewith unilaterally terminate the Trailhead Use Restrictions in the event the County determines, in its sole discretion, that all or some portion of the Bull Pen Parcel is not RECEPTION#: 631086,08/0212016 at 12:02:12 PM, 1 OF 8, R 80.00 Doc Code COVENANTS Janice K. Vos Caudill, Pitkin County, CO Bull Pen Parking Area I Location and Extent Application Parcel #: 246314200800 needed for trailhead parking in this location, or if all or any portion of the Bull Pen Parcel is not essential for the preservation of Open Space. Any portion of the Bull Pen Parcel which the County designates as being not needed for trailhead parking or not essential for the preservation of open space shall hereinafter be described as an "Unrestricted Parcel". The termination of the Trailhead Use Restrictions on an Unrestricted Parcel shall be effective as of the date the County sells and conveys title to an Unrestricted Parcel to a third party. 2. Commercial Use Restrictions Applicable to Bull Pen Parcel. The Bull Pen Parcel shall not be used for commercial purposes. The forgoing restriction on commercial uses shall remain in place until the earlier to occur of either (a) the date which is thirty (30) years from the Effective Date of these Covenants; or, (b) the date on which the last remaining portion of the Tybar Property ceases to retain its agricultural land classification, as provided under the State of Colorado and the Pitkin County Assessor's property tax valuation and assessment statutes, rules and regulations. 3. Prohibition of Development of Mineral Estate. The exploration, leasing or development of the oil, gas and other mineral rights and interests underlying the Bull Pen Parcel from the surface of the Bull Pen Parcel is and shall be strictly prohibited. 4. Tybar's Reserved Water Rights and Water Facilities. The parties acknowledge that the County shall own all right, title and interest in the water rights and well facilities associated with Colorado Division of Water Resources Well Permit Number 156225, with an owner well designation of Danciger #1 Well, located on the Bull Pen Parcel. Tybar reserves all other ditch, reservoir, well and other water rights, whether adjudicated, unadjudicated, historically benefitting or appurtenant to the Bull Pen Parcel (collectively, the "Reserved Water Rights"). The Reserved Water Rights include Tybar's rights and the rights of third parties in and to the Vandventer Spring Ditch and the Vandventer Spring Ditch pipeline and domestic water system and appurtenant easement rights (collectively, the "Vandventer Spring Facilities"),which include (a) all Vandventer Spring Ditch water rights, (b) all easements and rights of way for transporting such water rights, (c) all water pipes, lines, cisterns, water tanks, vents, pump houses, surface improvements, electric riser and utility lines and facilities located on the Bull Pen Parcel which serve and benefit the Vandventer Spring Facilities; (d) all fencing enclosing the Vandventer Spring Facilities as shown and described on the Improvement Survey Plat; and, (e) a right of access to and from the Vandenter Spring Facilities for purposes of maintaining, operating, repairing or replacing any and Vandventer Spring Facilities. 5. TemRorary Irrigation Water for Reve etation of Bull Pen Parcel. To the extent permitted by law, and consistent with prior water irrigation practices on the Bull Pen Parcel, for a period of three (3) years from the effective date of these Covenants, and during the June 1 to September 30 irrigation season, Tybar agrees to provide the County with excess temporary irrigation water to aid the County in its efforts to revegetate the disturbed surface areas of the Bull Pen Parcel following parking lot trailhead construction. The source of the irrigation water shall be from water resources Bull Pen Parking Area I Location and Extent Application Parcel #: 246314200800 on the Tybar Property, and the water shall be delivered to the Bull Pen Parcel via a temporary three inch (3") pipe extending from an existing sprinkler irrigation riser on the Tybar Property, and through an existing corrugated metal culvert under Prince Creek Road. The maximum amount of excess irrigation water that Tybar will make available to the Bull Pen Parcel is 0.1 cubic feet per second (c.f.s.) of time or 45 gallons per minute. The County shall be responsible for managing the water distribution once the water enters the Bull Pen Parcel. The County shall notify Tybar ten days in advance of when the County desires water deliveries, and such water shall be made available if and only if Tybar determines, in its sole discretion, that sufficient excess water resources are available. Tybar will not guarantee delivery of irrigation water during periods of drought when there is likely to be no excess irrigation water. 6. Miscellaneous. These Covenants shall be recorded in the real property records of Pitkin County. Theses Covenants shall constitute covenants running with the land and shall not be amended, modified or terminated without the prior written consent of Tybar and the County, and shall be binding on the parties hereto, and their respective successors and assigns. In the event of any breach or threatened breach of the terms and conditions of these Covenants, either party shall have the right to seek specific performance against the other party. In the event of Iitigation to enforce any of the terms or provisions of these Covenants, the prevailing party shall be entitled to an award of its reasonable attorneys fees. IN WITNESS WHEREOF, the parties hereto have executed these Covenants effective as of the day and year first above written. STATE OF COLORADO COUNTY OF PITKIN TYBAR: DKD 112004" TRUST, a Texas trust By: t07 -- Emma Danciger, nruste . Cot } ss. } The foregoing instrument was acknowledged before me this -29911day of July, 2016 by Emma Danciger, Trustee on behalf of DKD "2004" Trust, a Texas trust. AA. ACO - Witness my hand and official seal. My commission expires: 1� NMiAF{Y MOW Mi4itix OF NOT W Ib >'0'I W COMME8 M EXPIRM APFAL 28, 2020 3 Bull Pen Parking Area I Location and Extent Application Parcel #: 246314200800 r ic COUNTY: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: Board Chairmap- STATE OF COLORADO ss. COUNTY OF PITKIN The fore 7oi ins rument was acknowledged before me this day of July, 2016 by as Chairlr of the Board of County Commissioners of Pitkin County, Colorado. Witness my hand and official seal. My commission expires: SUSANNA MILLER NOTARY PUBLIC STATE OF COLORADO NOTARY 10 # 19964007052 MY COMMISSION EXPIRES 05-20.2020 [I - - List of Exhibits 7e4� Var-y Public Exhibit "A" Legal Description of Bull Pen Parcel Exhibit "B" Improvement Survey Plat Showing Bull Pen Parcel 6899049 1 4 Bull Pen Parking Area I Location and Extent Application Parcel #: 246314200800 EXHIBIT 44A" Property Description Bull Pen Parcel A PARCEL OF LAND SITUATED IN LOTS 4 AND 8, SECTION 14, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, LYING SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY FENCE OF PRINCE CREEK COUNTY ROAD AS CONSTRUCTED AND IN PLACE (1980); NORTHERLY OF THE SOUTH LINE OF SAID LOTS 4 AND 8 AND WESTERLY OF THE EAST LINE OF SAID LOT 8; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 8, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 14 BEARS S 36 DEGREES 46'50" E, A DISTANCE OF 3922.61 FEET (WITH ALL BEARINGS SHOWN HEREON BEING RELATIVE TO A BEARING OF S 00 DEGREES 14'30" E FROM THE 114 CORNER COMMON TO SECTIONS 13 AND 14, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN TO SAID SOUTHEAST CORNER OF SAID SECTION 14); THENCE N 89 DEGREES 56'50" W. ALONG THE SOUTHERLY LINES OF SAID LOTS 4 AND 8 A DISTANCE OF 768.71 FEET TO A POINT ON A FENCE LINE AS CONSTRUCTED AND IN PLACE (1980); THENCE LEAVING SAID SOUTHERLY LINE N 12 DEGREES 40'23" E, ALONG SAID FENCE LINE A DISTANCE OF 441.13 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY FENCE OF PRINCE CREEK COUNTY ROAD AS CONSTRUCTED AND IN PLACE (1980); THENCE LEAVING SAID FENCE LINE ALONG SAID SOUTHERLY RIGHT OF WAY THE FOLLOWING THREE (3) COURSES: 1) S 73 DEGREES 54'22" E, A DISTANCE OF 369.02 FEET 2) S 65 DEGREES 30'55" E, A DISTANCE OF56.13 FEET 3) S 42 DEGREES 31' 29" E, A DISTANCE OF 393.85 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 8; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY S 00 DEGREES 19'05" E, ALONG SAID EASTERLY LINE OF SAID LOT 8 A DISTANCE OF 15.27 FEET TO THE POINT OF BEGINNING COUNTY OF PITKIN, STATE OF COLORADO 8997485 1 Bull Pen Parking Area I Location and Extent Application Parcel #: 246314200800 rr� Bull Pen Parking Area I Location and Extent Application Parcel #: 246314200800 I Bull Pen Parking Area I Location and Extent Application Parcel #: 246314200800 Bull Pen Parking Area I Location and Extent Application Parcel #: 246314200800 PUBLIC NOTICE RE: Tybar Bull Pen Parcel Location and Extent Review (Case #P016-18; PID 2463-142-00-800) NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 3, 2018 at a regular meeting to begin at 5:00 p.m. or as soon thereafter as the conduct of business allows, before the Pitkin County Planning and Zoning Commission, Library (Dunaway) Conference Room, 102 North Mill Street, Aspen to consider an application submitted by Pitkin County Open Space and Trails (530 East Main Street, Aspen, CO 81611) requesting to construct a parking area on the subject parcel pursuant to the adopted Prince Creek Management Plan. The property is legally described as Bull Pen Parcel, Tybar Ranch PUD Subdivision AKA a parcel of land situated in Lots 4 and 8, Section 14, Township 8 South, Range 88 West of the 6t' P.M. The State Parcel Identification Number for the property is 2463-142-00-800. The application is available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. Comments or objections due by March 23, 2018. For further information contact Tami Kochen at the Pitkin Community Development Department (970) 920-5359. Jeff Conklin, Chair Pitkin County Planning and Zoning Commission Published in the Aspen Times Weekly on March 1, 2018. Pitkin County Account 002.02. Public Private Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920-5526 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 March 15, 2018 Jessie Young 806 West Hallam Street Aspen, CO 81611 jessie.young@pitkincounty.com Re: Tybar Bull Pen Parcel Location and Extent Review (PID#2463-142-00-800; CASE # P016-18) Dear Ms. Young: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. We have scheduled this application at a public hearing before the Pitkin County Planning and Zoning Commission on Tuesday, April 3, 2018 at a meeting to begin at 5:00 pm before the Pitkin County Planning and Zoning Commission, in the Library (Dunaway) Conference Room, 102 North Mill Street, Aspen, Colorado. Should this date be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available for you to pick up at the Community Development Office. Please note that it is your responsibility to post a public notice sign on the property at least fifteen days prior to the public hearing (and remove it within one week after). You are also required to mail notice (you may obtain a copy of the public notice from our office) to all property owners and mineral estate owners within 300' of the subject property at least 30 days prior to the hearing with the return address of the Community Development Department given above. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the code at the hearing. If you have any questions, please call Tami Kochen, the planner assigned to your case, at (970) 920-5359. Sincerely, Bonnie Shiles Administrative Assistant Encl: Affidavit (Code Section 2-20-100) PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: County Attorney Crystal River Caucus Stark Mesa Homeowners Association Prince Creek Village Tracts Homeowners Association FROM: Tami Kochen, Community Development Department Tami.kochen@pitkincounty.com RE: Tybar Bull Pen Parcel Location and Extent Review (PID# 2463-142-00-800; CASE# P016-18) DATE: March 15, 2018 Attached for your review and comments are materials for an application submitted by Pitkin County Open Space. The Pitkin County Planning and Zoning Commission will review the application on April 3, 2018. Please return your comments to me by Friday, March 23, 2018. http://pitkincounty.com/DocumentCenter/View/ 15810 Thank you. Input by: Date: DocSource: je Entry #: Year: 2018 Period: 1 Prepared by: Bonnie Shiles Pitkin County Date prepared: 2/14/2018 Journal Entry Upload Form Approved by: Description: TYBAR BULL PEN PARCEL LOCATION & EXTENT REVIEW P016-18 Account Trans Type Code Amount Date Account Number E, R or B D or C Debit Credit Reason for Journal Entry 2/14/2018 002.02.00000.63342 R C 975.00 Planning Flat Fee 2/14/2018 001.10.00000.63343 R c 54.00 Public Notice Fee 2/14/2018 118.75.02001.82000 E D 1,029.00 Location & Extent Review - OST parcel Totals $ 1,029.00 1,029.00 Difference DR -CR $ - File: C:\Users\bonnie.shiles\Downloads\0016.2018. plan Tybar Bull Pen Parcel (1).xlsm 2/14/2018 1:22 PM