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HomeMy WebLinkAboutP115-03 • I PARCEL ID:12729-184-00-003 DATE RCVD: I 10/10/2003 #COPIES:I` CASE NO[P115-03 CASE NAME:IDillon &Wiley Inc Lot 4 Redstone Unique Minor Amendment to a Develop PLNR:I RoseAnn Sullivan PROJ ADDR:[Lot 4. Redstone Unique STEPS:1 — OWN/APP:IDiflon &Wiley Inc. ADRI1475 Terminal Way. S CISIZ:IReno NV 89502 PHN:I REP:'Steven Machado cio Mason ADR:I144 Midland Ave. CIS/Z:IBasalt. CO 81621 PHN:I927-3232//3953 FEES DUE:IS840 FEES RCVD:IS840#15903 ALLOCATED HOURS:I3 REFERRALS'Crystal River Caucus,Wildlife Biologist REF: 10/14/2003 BYIJ Taylor DUE:I10i3112003 MTG DATE REV BODY PH NOTICED Administr DATE OF FINAL ACTION:I BOCCICC:I PZ:I REMARKS Wildlife Biologist already conducted site visit-included comments in referral letter to Caucus HRG OFF:I HO INDEX CLOSED:I BY: IJ_Taylor ADMIN:I PLAT RECORDEDI PLAT(BK.PG):I ADMIN INDEX: I VR APPROVAL DATE:I VR EXPIRES:I CASE TYP: Minor Amendment to a Development CASE TYP5: CASE TYP2: CASE TYP6: CASE TYP3: CASE TYP7: CASE TYPO:) • PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM TO: Crystal River Caucus FROM: RoseAnn Sullivan, Community Development Department RE: Dillon & Wiley Inc. Lot 4 Redstone Unique Minor Amendment to a Development Permit(PID#2729-184-00-003 Case#P115-03) DATE: October 14,2003 Attached for your review and comments are materials for an application submitted by Dillon& Wiley, Inc.. The Pitkin County Community Development Director will review the application. Please return your comments to me by October 31, 2003. The Pitkin County Wildlife Biologist has conducted a site visit and has noted the following: The lower portion of the property where the approved building envelope is situated has a northeast aspect and lies within a large, high quality aspen stand. The property lies within active elk winter range and within a half a mile of elk calving habitat across Coal Creek. Although calving may occasionally occur on the property,this area is not an important production area. The applicant is requesting that a dog prohibition in the current approval be changed to allow dogs. Given the verified habitat on the property, a condition allowing one dog that is kenneled or leashed at all times is allowed under the Land Use Code. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. PITKIN COI Y COMMUNITY DEVELOPMENEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970)920-5526 FAX#(970)920-5439 October 14, 2003 Mr. Seven Machado C/o Mason&Morse 144 Midland Ave. Basalt, CO 81621 Re: Dillon & Wiley Inc. Lot 4 Redstone Unique Minor Amendment to a Development Permit (PID#2729-184-00-003 Case# P115-03) Dear Mr. Machado: 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. If you have any questions,please call RoseAnn Sullivan,the planner assigned to your case, at 920-5482 . Sincerely, Janis Taylor Administrative Assistant 0 Pag49e: of 3 II PHII 11111,111 11/03/2003 01 :51P SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING THE DILLON & WILEY MINOR AMENDMENT TO A DEVELOPMENT PERMIT (REDSTONE UNIQUE, LOT #4) Determination No.55 -2003 RECITALS 1. Dillon & Wiley Inc. ("Applicant"), has applied to the Community Development Director of Pitkin County ("Director"), pursuant to Section 3-200-080 of the Pitkin County Land Use Code ("Code"), to modify a condition imposed under Par. 7(B) of BOCC Resolution No. 042-2003 (Reception No. 482367), that "[d]ogs shall be prohibited on the property." Applicant desires to change this condition to one that would permit a single dog on the property, provided that it is kenneled or leashed at all times. 2. The property is zoned RS-30 PUD and AFR-10 and contains 35 acres. 3. The property is Lot 4 of Redstone Unique and is more specifically described on Exhibit A hereto. 4. The property received approval for reinstatement of vested property rights (a 1041 Hazard Review approval) under BOCC Resolution No. 042-2003. Wildlife mitigation standards, including a prohibition on dogs on the property, were imposed under this Resolution. 5. The Director finds that the request is consistent with the requirements of the Land Use Code. APPROVED by the Director, subject to the following conditions: 1. The Applicant shall adhere to all material representations made during the application process. 2. The Applicant shall comply with provisions of the BOCC Resolution No. 042-2003, except as amended by the conditions of this approval. 3. Par. 7(B) of BOCC Resolution No. 042-2003 is hereby deleted in its entirety and 490age � II NI minP : S1/03/2003 2of 3 01:51P SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 the following language is substituted in its place: No more than one dog may be kept on the property and the dog must be kenneled or leashed at all times that it is outside the residence. APPROVED by the Director, this 3 - day of November, 2003. Cindy Houben Community Development Director PID#272918400003 P0115-03 Attachment: Exhibit A } • EXHIBIT A Aarc i P e_ of land situated in the SW1/4 of Section 17 and the SE1/4 of • Section 18, Township 10 South, Range 88 West of the 6th P.M. Said o being more particularly described as follows : parc�l Commencing at the East South Quarter Corner of said Section 18, a B.L.M. Aluminum Cap in place THE TRUE POINT OF BEGINNING; • :1 .. . • thence S 89°52 '50° B along the Southerly line of s ' feet; aid Section 18 877.54 thence leaving said Southerly line N 72°03 '30" F on the centerline of Coal Basin Road; E• 1993 .37 meet to a point thence along said centerline along the • c having a radius of 307.16 feet, a central anfle o r39°32 the r_aht of 211 .99 feet (chord bears N 26°10' 06" W '37� a distance 39 32. 81 feet) ; i thence N 06°23 '48" W 197.11 feet; thence along the arc of a curve to the lef: r feet, a central angle of 23°50 ' 06" a distance a radius of ch rd bears N 2 ° �� ance of 169.59 feet (chord thence N 30°8 5I W 168.37 feet) ; 30°13 '54" W 171.29 feet; • • thence leaving said centerline S 57°00 '22" W 500.00 feet; thence S 68°45 '38" W 2243. 84 feet to a point on the Westerly line of the SE1/4 of said Section 18; thence S 00°07'57" E along said Westerly line 250.32 feet to the TRUE POINT OF BEGINNING. TOGETHER WITH a perpetual non-exclusive easement over and Haul road -to Colorado Highway 133 as set forth in Deed re or_e arch 30, 1995 in Book 777 at Page 466. recorded March • 0 • Page4!3 : 3 o555f 3 SILVIR DAVIS PITKIN COUNTY CO R 0.00 11/03/2000001 :51P D • • . . • • • 1 I • S MEMORANDUM TO: Cindy Houben, County Community Development Director FROM: Rose Ann Sulli tanning Technician RE: Dillon & Wiley Inc. Minor Amendment to a Development Permit DATE: November 3, 2003 REQUEST: The applicant is requesting an amendment to one of the wildlife mitigation conditions of BOCC Resolution No. 042-2003 (Reception No. 482367), "[d]ogs shall be prohibited on the property." Applicant proposes that the condition be changed to one that would permit one dog that is kenneled or leashed at all times on the property. APPLICANT: Dillon & Wiley Inc. (by William D. O'Neal, President) REPRESENTATIVE: Steven Machado, Mason & Morse LOCATION: Lot 4 of Redstone Unique (the property is located on Coal Basin Road, near Redstone); Parcel ID #2729-184-00-003 ZONING/LOT SIZE: RS-30 PUD and AFR-10. 35 acres. BACKGROUND: Most recently, the BOCC approved reinstatement of vested rights for a 1041 Hazard Review approval granted in 1995 in BOCC Resolution No. 042-2003. Statutory vested rights were granted through April 23, 2006. REFERRAL COMMENTS: The application was referred to the Crystal River Caucus and the County's Wildlife Biologist. No comments were received from the Caucus. The County's Wildlife Biologist conducted a site visit and noted that: The property lies within active elk winter range and within a half a mile of elk calving habitat across Coal Creek. Although calving may occasionally occur on the property, this area is not an important production area. ... Given the verified habitat on the property, a condition allowing one dog that is kenneled or leashed at all times is allowed under the Land Use Code. • • STAFF COMMENTS: Minor Amendment to a Development Permit. Pursuant to Section 3-200-080 of the Land Use Code, the Community Development Director may approve a minor amendment to a development permit, subject to compliance with the following standards. A. The amendment must not change the use of the proposed development between residential, commercial and tourist accommodation uses. Response: The proposed amendment does not change the use of the proposed development. B. The amendment must be consistent with action taken during the review of the original development and does not constitute a new land development activity. Response: Applicant is not proposing a new land development activity. Applicant's proposal maintains wildlife protections previously instituted. C. The proposed activity does not: 1. Change the basic character of the approved use of the land on which the activity occurs including basic visual appearance and method of operation: 2. Increase off-site impacts in the surrounding neighborhood; 3. Endanger the public health, safety, or welfare; 4. Violate any Land Use Code standard; 5. Substantially increase the need for on-site parking or utilities, or affect affordable housing generation; and 6. Increase the floor area of the use by more than two percent (2%) or decrease the open-space on the site by more than three percent (3%). Response: The proposed activity does not change the basic character of the approved use. increase off-site impacts in the surrounding neighborhood. endanger public health, safety or welfare nor violate any known Land Use Code standard. The proposal will not increase the need for on-site parking. or increase floor area. RECOMMENDATION: Staff recommends that the Director approve the amendment of the condition in Par. 7(B) of BOCC Resolution No. 042-2003, prohibiting dogs on the property, based on compliance with the standards noted above and subject to the conditions of the attached Administrative Decision. 'Pe v en4 Q vti 4 baits Kurtne . C4 4w PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Rose Ann Sullivan DATE: 10/09/03 PHONE: 920-5482 PROJECT: Minor Amendment to a Development Permit ZONE: RS-30 PUD and AFR-10 LOCATION: Lot 4 of Redstone Unique PARCEL ID#: 2729-184-00-003 APPLICANT: Dillon &Wiley Inc. REPRESENTATIVE: Steven Machado, PHONE: (970) 927-3232 Mason & Morse, 144 Midland Ave., Basalt, CO 81621 FAX: (970) 927-3953 Type of Application: Minor Amendment to a Development Permit. Description of Project/Development: Applicant proposes to amend one of the conditions of BOCC Resolution No. 042-2003 (Reception No. 482367) which approved reinstatement of vested real property rights for the Lot. Applicant proposes deletion of the wildlife mitigation standard In Par. 7, "[d]ogs shall be prohibited on the property" and, with the approval of the Pitkin County Wildlife Biologist, imposition of a substitute standard that would permit one dog that is kenneled or leashed at all times on the property. Pitkin County Land Use Code: • Sec. 3-200-080: Minor Amendments to a Development Permit. Review By: Community Development Director Public Hearing? NO. Staff Will Refer Application To: Crystal River Caucus. The County Wildlife Biologist has already conducted a site visit and reviewed the matter. FEES: Total Fee: $ 840 (make check payable to "Pitkin County Treasurer"), which includes: • Planning Flat Fee: $630 (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 at a rate of$210 per hour). • Wildlife Biologist: $210. To apply, submit the Total Fee specified above and 2 copies of the following documents, unless otherwise noted: 1. Letter of request, addressing the provision of the Pitkin County Land Use Code identified above; 2. Consent from an authorized representative of the owner to process the application and authorizing the representative named above to act on behalf of the owner (1 copy); 3. Proof of ownership of the owner complying with the requirements of Subsection 5-50-020(D) (1 copy); and 4. Copy of this Pre-Application Conference Summary Sheet. NOTES: In addition to the paper copies, a!! documents must be submitted in digital format. Acceptable digital formats for text documents are: (.txt), (.doc), (.wpd), and(.rtt). PLEASE SUBMIT TWO-SIDED COPIES OF ALL APPLICATION MATERIALS (IF POSSIBLE). This Pre-Application Conference Summary Sheet is advisory in nature and not binding on the County. The information provided in this Summary Sheet is based on current zoning standards and the staff's interpretations based upon representations of the applicant and/or applicant's representative. Additional information may be required upon a complete review of the application. • • 130 S. Galena St. Aspen CO 81611 Pitkin County (970) 920-5526 (970) 920-5439, fax Community Development Department Fax To: Steven Machado From: RA Sullivan Fax: 927-3953 Pages: 2 Phone: Date: 10-09-03 Re: CC: ❑ Urgent x For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: I got Jonathan's email right after I hung up w/you — so I could get this out this afternoon. ` Jonattl an Lowsky, 02:43 PM 10//2003 -0600, Redstone Unique Lot 4 o Page 1 of 1 Reply-To: <jonathan@ci.aspen.co.us> From: "Jonathan Lowsky" <jonathan@ci.aspen.co.us> To: "Rose Ann Sullivan" <roseanns@ci.aspen.co.us> Cc: "Ezra Louthis" <ezral@co.pitkin.co.us> Subject: Redstone Unique Lot 4 Date: Thu, 9 Oct 2003 14:43:24 -0600 X-Mailer: Microsoft Outlook IMO, Build 9.0.6604 (9.0.2911.0) Importance: Normal I conducted a site visit to Redstone Unique Lot 4 on October 8th, 2003. The property lies at approximately 7400 feet in the Coal Creek drainage. The lower portion of the property where the approved building envelope is situated has a northeast aspect and lies within a large, high quality aspen stand. The property lies within active elk winter range and within a half a mile of elk calving habitat across Coal Creek. Although calving may occasionally occur on the property, this area is not an important production area. The applicant is requesting that a dog prohibition in the current approval be changed to allow dogs. Given the verified habitat on the property, a condition allowing one dog that is kenneled or leashed at all times is allowed under the Land Use Code. Jonathan Lowsky Wildlife Biologist Pitkin County Wildlife Program 76 Service Center Road . Aspen, CO 81611 . 970.920.5395 . FAX 970.920.5374 Visit My Website: http //www.aspenpitkin.com/depts/33/deptmain.cfin • Printed for Rose Ann Sullivan <roseanns@co.pitkin.co.us> 10/9/2003 Ezra Louthis, 09:51 AM 10/9/ 03 -0600, Re: "Redstone Unique Lot 4: Page 1 of 2 X-Sender: ezral@comdev X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58 Date: Thu, 09 Oct 2003 09:51:47 -0600 To: Rose Ann Sullivan<roseanns@ci.aspen.co.us> From: Ezra Louthis<ezral@ci.aspen.co.us> Subject: Re: "Redstone Unique Lot 4" Yes, add Jonathan's fee to the pre-app. At 09:40 AM 10/9/2003 , you wrote: OK. I assume I include a fee for Jonathan in the pre-app though--- even though he's already looked at the property? At 09:04 AM 10/9/2003 -0600, you wrote: Rose Ann, could you do a pre-app for him...minor amendment...no referral to Jonathan, as he has already been there. Just Crystal river caucus. I will forward you Jonathan's memo when I receive it. Thanks. ez At 04:49 PM 10/8/2003 , you wrote: Ezra- Steven Machado from Mason& Morse spoke to me late today when you were out at the BOCC hearing and asked me to tell you Jonathan will be e-mailing you his OK to change (what he says is) a 1041 condition from "no dogs" to "OK to have dogs in kennels" and he wants to do a minor amdt to a development permit. He said this was something he'd been talking to you about. His cell is 618-3898 and fax is 927-3953. Let me know if you want me to do something on this. *********************************** Rose Ann Sullivan County Community Development Planning Technician x5482 ************************************ Rose Ann Sullivan County Community Development Planning Technician Printed for Rose Ann Sullivan<roseanns@co.pitkin.co.us> 10/9/2003 • Janis—this is ready for a file and referral to the Crystal River Caucus. Please give them only 2 weeks to comment. In the Memo we send to the Caucus would you please add the following: The Pitkin County Wildlife Biologist has conducted a site visit and has noted the following: The lower portion of the property where the approved building envelope is situated has a northeast aspect and lies within a large, high quality aspen stand. The property lies within active elk winter range and within a half a mile of elk calving habitat across Coal Creek. Although calving may occasionally occur on the property, this area is not an important production area. The applicant is requesting that a dog prohibition in the current approval be changed to allow dogs. Given the verified habitat on the property, a condition allowing one dog that is kenneled or leashed at all times is allowed under the Land Use Code. I will email this Memo to you so you can easily lift this language. Thanks- RACS OCT-09-2003 THU 03:00 PM FAX NO, P. 02 • PITKIN Ct JNTY PRE-APPLICATION C:. IFERENCE SUMMARY PLANNER: Rose Ann Sullivan DATE: 10/09/03 PHONE: 920-5482 PROJECT: Minor Amendment to a Development Permit ZONE: RS-30 PUD and AFR-10 LOCATION: Lot 4 of Redstone Unique PARCEL ID#: 2729-184-00-003 APPLICANT: Dillon & Wiley Inc. REPRESENTATIVE: Steven Machado, PHONE: (970) 927-3232 Mason & Morse, 144 Midland Ave., Basalt, CO 81621 FAX: (970) 927-3953 Type of Application; Minor Amendment to a Development Permit. Description of Project/Development: Applicant proposes to amend one of the conditions of BOCC Resolution No. 042-2003 (Reception No. 482367) which approved reinstatement of vested real property rights for the Lot. Applicant proposes deletion of the wildlife mitigation standard In Par. 7, "[d]ogs shall be prohibited on the property" and, with the approval of the Pitkin County Wilrife Biologist, imposition of a substitute standard that would permit one dog that is kenneled or leashed at all t, nes on the property. • Pitkin County Land Use Code: • Sec. 3-200-080: Minor Amendments to a Development Permit. Review By: Community Development Director Public Hearing? NO. Staff Will Refer Application To: Crystal River Cauc;,:.. fhe County Wildlife Biologist has already conducted a site visit and reviewed the matter. FEES: Total Fee: $ 840 (make check payable to "Pitki i County Treasurer"), which includes: • Planning Flat Fee: $630 (non-refundable; bases' on 3 hours of staff time; if staff review time exceeds 3.6 hours, the applicant will be charged for additior time at a rate of$210 per hour). Wildlife Biologist: $210. To apply, submit the Total Fee specified above anc 2 'opies of the following documents, unless otherwise noted: 1. Letter of request, addressing the provision of the Piti<in county Land Use Code identified above; 2. Consent from an authorized representative of the ovine' to process the application and authorizing the representative named above to act on behalf of the c (1 copy); 3. Proof of ownership of the owner complying with the i•e.�uirements of Subsection 5-50-020(D) (1 copy); and 4. Copy of this Pre-Application Conference Summary `eet. NOTE': Y In addition to the paper copies, all documents r i jst be submitted in digital format. Acceptable digital formats for text documents are: (.txt), (.0;c), (.wpd), and(.rtt). r PLEASE SUBMIT TWO-SIDED COPIES OF ALL i.PPLICATION MATERIALS (IF POSSIBLE). This Pre-Application Conference Summary Sheet a'.'visory in nature and not binding on the County. The information provided in this Summary Sheet is bas,:d cn current zoning standards and the staffs interpretations based upon representations of the ::.pf''icant and/or applicant's representative. Additional information may be required upon a complete reviE w r 'the application. . • • October 10, 2003 The owners of Redstone Unique Lot 4 hereby request to amend the Pitkin County Land Use Code, Sec. 3-200-080: a Minor Amendment to a Development Permit, BOCC Resolution NO. 042-2003 (Reception NO. 482367) Par. 7, "dogs shall be prohibited on the property" and impose a substitute standard that would permit a kenneled or leashed dog on said property. • Dillon& Wiley Inc. / / 1 °) ° 3 William D. O'Neal President • • • • October 10, 2003 • As thee authorized representative of Dillon & Wiley Inc. I hereby consent that Steven Machado shall act on my behalf as my Authorized Representative to process the application to amend the Wildlife Mitigation Standard in Par. 7, of the BOCC Resolution. Dillon & Wiley Inc. Or-)/1 -4 10 i c JO3 William D. O'Neal President OCT. 9. 2003 3: 23PM PITKIN COUNTY TITLE \O. 3099 P. 2 . • 1111111 11111111011111111111111111111 1II 11111111111M 400937 01/26/2001 03e06P OCD DAVIS SILVI _ 1 of 2 R le.e0 o 0.00 N 0.00 PZTKZN COUNTY CO QUITCLAIM DEED TI IIS DESK made this 10th day of August . 2000 , between . Wi•lliam D. O'Neal June J. Josey oCtbc County of Douglas and state of /a4 g.eantor(e),and Nevada Dillon & Wiley Inc. a Nevada Corporation , whosa legal address Is 1475 Terminal Way, Suite E Reno, tN 89502 ,anti cs). County of Washoe and State ofQ(if(91 .z nrthe Nevada WITNESS,that Ilac granlur(5),for and in consideration of the aunt of pOLl.1RS, Ten and no/100 released•sold and QUITCLAIMED, and by these the receipt and sufficiency of which is hereby acknowledged,ha va remised, the 7 r heirs,suceeasora and assigns forever,all presents do remise,releast,sell arid QUITCLAIM unto the grantee(s) together with improvements,if anY. in and to the real property,tage the fight,title,interest,claim end demand which the grantor(s)ha V 4 and State of Colorado, lying and beins in the County of t'i tki n . described ai follows: • See Exhibit "A" attc_ched hereto t , I • also{tnownby stre4t and number as TBD Coal Basin Road Redstone, CO 81623 assessors schedule or parcel number. TO IIAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges(hereunto belonging.or in anywise thercunto appertaining,and all the estate,right,title,interest and Beim whatsoever of the Qcantar(s),either In law or eQuity, to the on1Y proper use,benefit and behoot of the granied(s) •tho i r hs'tra and assigns forever. . IN WITNESS WIiERED ,ilia t),rantdris)ha Ve executed this deed on the date set(fort-h above. William D. O'Neal Ju J. JOs STATE OF s. County of Dallas day oP 2000 The foregoing instrument was acknowledged before Inc this gill Ae.igustr by Jo uinye B1akeley. ,,� Witness my hand and official seal. • 4,,E .•. (,+ My commission exptrls 0 l /A� ''O rJ otu t.7 6l c Or r - —_.. .—._ ... • ... iwa• •N•...e art A.l bc+a ufr'nw ctay t: ,t .• .,tr cr.^,_ taut l7ucriodan(i v.ls•too a a.5.) -. �►ra n..•_ CO Y0202—(3U317Y2.2500—t2-97 No.933.Fie. J-9J. Q UtTC1.A1M PEED ,tad .-t PrldlAing,1741 Wan,5t.,Dens•, OCT. 9. 2003 3: 23PM PITKIN COUNTY TITLE NO. 3099 P. 3 EXHIBIT A A parcel of land situated in the SW1/4 of Section 17 and the SE1/4 of Section 18, Township 10 South, Range 88 West of the 6th P.M. Said parcel being more particularly described as follows: Commencing at the East South Quarter Corner of said Section 18, a B.L.M. Aluminum Cap in place THE TRUE POINT OF BEGINNING; thence S 89°52 '50" E along the Southerly line of said Section 18 877.54 feet; thence leaving said Southerly line N 71°03 '30" E 1993 . 37 feet to a point on the centerline of Coal Basin Road; thence along said centerline along the arc of a curve to the right having a radius of 307 .16 feet, a central angle of 39°32 '37", a distance of 211 .99 feet (chord bears N 26°10 ' 06" W 207. 81 feet) ; thence N 06°23 '48" W 197 .11 feet; thence along the arc of a curve to the left having a radius of 407 . 66 feet, a central angle of 23°50106u , a distance of 169 . 59 feet (chord bears N 18°18 ' 51" W 168.37 feet) ; thence N 30°13 ' 54" W 171 .29 feet; thence leaving said centerline S 57°00 '22n W 500 .00 feet; thence S 68°45 ' 38" W 2243 . 84 feat to a point on the Westerly line of the SE1/4 of said Section 18; thence S 00°07157" E along said Westerly line 250 .32 feet to the TRUE POINT OF BEGINNING. TOGETHER WITH a perpetual non-exclusive easement over and across Coal Haul road to Colorado Highway 133 as set forth in Deed recorded March 30, 1995 in Book 777 at Page 466 . I1111111Ill ft%%III11111 1111111111I1I11I111I11I1�o oAvss Si�VI 11111i 450�'� 0l lrYi ,@0 p271cIN COUNT 2of 2AS000D0