HomeMy WebLinkAboutbocc.res.059.2003SILVIR DAVIS PITKIN COUNTY CO R
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, APPROVING THE CHAPARRAL ASPEN AFFORDABLE HOUSING
SUBDIVISION FINAL PLAT
Resolution No.t~-2003
RECITALS
1. Woody Creek Ventures LLC ("Applicant") has applied to the Board of County Commissioners of
Pitkin County, Colorado ("BOCC") for Final Plat approval to further subdivide Homestead 11 (the "Common
Parcel") to create two separate affordable housing lots in order to construct the affordable housing units
specified in the Braun Ranch Settlement Agreement ("Settlement Agreement") that was approved pursuant to
BOCC Resolution No. 158-2001. Two buildings, each housing two duplex dwelling units of 2-bedrooms
each will be located on Homestead I lB, which contains 0.856 acres. Three 3-bedroom single family
residences will be located on Homestead 1 lC, which contains 1.057 acres.
2. The property is currently described as Homestead 11, Chaparral Aspen.
3. Homestead 11 contains 62.091 acres and is zoned RS-20/PUD.
4. The BOCC granted approval of the Subdivision Conceptual Submission, special review for duplex
dwelling units, and 1041 Hazard Review, pursuant to Resolution No. 079-2002. The BOCC also approved
the rezoning of the parcel from RS-20 to AH, pursuant to Ordinance No. 010-2002.
5. The BOCC considered the application at a public meeting on April 23, 2003, and at a duly noticed
public hearing on May 14, 2003.
6. The BOCC finds that the application is consistent with the provisions of the Settlement
Agreement and the applicable provisions of the Land Use Code.
7. The BOCC further finds that the encroachment on slopes in excess of 30% of the proposed
hammerhead turnaround in the driveway complies with exception specified in Section 3-80-050(C)(2)(a) of
the Code and is necessary to meet the needs of the Aspen Fire Protection District.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby approves the Chaparral
Aspen Affordable Housing Subdivision Final Plat, subject to compliance with the following conditions,
which shall run with the land and be binding on all successors in interest:
The Final Plat shall be delineated by photographic methods on reproducible mylar 24 inches by
36 inches in size with a I 1/2 inch margin on the left side and a 1/2 inch margin on the other
sides, and drawn to scale which is not less than I inch = 100 feet, and shall otherwise comply
with the provisions of Section 5-40-020 of the Land Use Code. The Applicant shall amend the
Final Plat as follows, prior to recordation:
B.
C.
D.
Include the approved road name on the plat.
Delineate the access road on the plat.
Eliminate the setback lines shown on the plat.
Shade the area of Homestead 11 designated as historically irrigated lands subject to the
Agricultural Easement.
2. Prior to recordation of the Final Plat, the Applicant shall:
Resolution No.~'~-2003
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SZLV'rI::I OnVIS p'rTKZN COUNTY CO I~ e.ee o e.ee
A. Present a proposed name for the road to and within the subdivision to the Community
Development Department to ensure the name is unique and does not duplicate an existing
road name in the County.
B. Submit the amended Improvements Agreement for review and approval by the Community
Development Department and the County Attorney for form and compliance with the
development approval. Section 6 of the Improvements Agreement shall be amended to
require the Applicant to provide financial assurance to the County prior to issuance of the
first building permit for tile affordable housing units on Homestead 11B or 11C.
Concurrent ~vith recordation of the Final Plat, the Applicant shall record the Improvements
Agreement.
The Condominiuln Declaration shall be amended as follows, prior to recordation:
A. Article 12, Restrictive Covenants, shall include the following provisions:
1)
2)
3)
4)
Residents shall use approved bear proof garbage containers as specified in BOCC
Ordinance No. 010-2001.
Residents shall avoid fruit-bearing trees and shrubs in any landscaping due to the
high level of black bear activity in this area.
Residents shall comply with the County's lighting regulations.
Wood fencing shall employ throe rails or less, be the round or split rail type, shall
not exceed 48 inches in height above ground level and 12 inches in width (top
view), and shall have at least 18 inches between two of the rails. Wire fencing
shall consist of no more than 3 strands of smooth wire and shall not exceed 42
inches iu height.
The Master Deed Restriction, as previously submitted by the Applicant, shall be amended as follows,
prior to recordation:
Require a Memorandum of Acceptance to be signed by any new owner at tile time of
closing.
The Deed Restriction shall incorporate the following language:
In no event shah the Property or a Unit be sold for an amount ("Maximum Resale Price ")
in excess qf the lesser of'
$ .(Owner'spurchaseprice, recordedonaseparateMemorandumof
Acceptance for each individual uniO plus an increase of three percent (3%) of
such price per year from the date of purchase to the date of Owner's notice of
intent to sell (prorated at the rate of.25 percent for each whole month for anypart
of a year); or '
an amount (based upon the Consumer Price Index, AH Items (1967=100) U.S. City
Average, Urban Wage Earners and Clerical Workers (Revised), published by the
U.S. Department of Labor, Bureau of Labor Statistics) calculated as foHows: the
Owner's purchase price divided by the Consumer Price lndex published at the time
of Owner 's purchase stated on the Settlement Statement, multiplied by the
Consumer Price Index current at the date of intent to sell. In no event shah the
multiplier be less than one (1). For purposes of this Agreement, "date of intent to
sell" shah be the date of execution ora listing contract when required by this
Resolution No.~-2003
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~eement, or ~a listing con~act is not otherwise necessa~, the date shall be
determined to be the date upon which a requirement for the ~ner to sell is first
applicable.
The definition of "Qualified Tenant" in Section 2.05 shall be amended to add that
individuals must work in Pitkin County no less than 30 hours per week (or 1,500 hours per
calendar year).
The fee in Section 4.05 shall be changed from $20 to $50.
Prior to building permit application, the Applicant shall apply to the Board of Adjustment for setback
variances, as required.
Prior to recordation of the Condominium Plat, the Applicant shall submit the Condominium
Declaration for review and approval by the Community Development Department and the County
Attorney for form and compliance with the development approval.
Prior to issuance of any building permits, the Applicant shall record the Condominium Plat and
Condominium Declaration.
10.
ll.
Prior to issuance of a Certificate of Occupancy for any of the units:
The Community Development Director and Housing Office shall review the Master Deed
Restriction;
The BOCC shall review and approve the Master Deed Restriction and shall determine which
APCHA "category" will apply to each dwelling unit; and
The Master Deed Restriction shall be recorded.
The Applicant shall adhere to all material representations made in the application or in public
meetings or bearings.
Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code, § 4~ 140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on
May 14, 2006.
2003.
2003.
rd
INTRODUCED AND FIRST READ AT A PUBLIC MEETING on the 23 day of April,
NOTICE OF PUBLIC [IEAR1NG published in the Aspen Times Weekly on the 3~'a day of May,
APPROVED AND ADOPTED AFTER SECOND READING on the 14th day of May, 2003.
PUBLISHED AFTER ADOPTION FOR VESTED REAL in the
Aspen Times Weekly on the~/M' day of~/~, 2003. PROPERTY RIGHTS
Resolution No.t~ ~'~-2003
Page 4
~F~ST:
J~nette Jones, Cl?~k to the BOCC
APPROVED AS TO
John Ely,
SILVIR DRVZS PZTKZN COUNTY CO I~ 0.0~
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BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
~/Jack Hatfield, C~irman
Date
APPROVED AS TO CONTENT:
Cin~I-l~m~~e "o~m~ent Director
DEVELOPMENT AGREEMENT
FOR
CHAPARRAL ASPEN AFFORDABLE HOUSING
TABLE OF CONTENTS
RECITALS:
1.
2.
3.
Intent .............. ' ...................... - 1-
Reaffirmation of Representations ......... 2-
Construction of Proiect Improvements ..... : ......................... -2-
(a) Construction Management Plan ............................... -2-
(b) Natural Gas, Electric. Telephone and Cable TV Facilities .......... -2-
(c) Roads ...................................................
(d) Affordable Housin~ ........................... -2-
(e) Fugitive Dust Control Plan ......................... -3-
(f) Drainage and Erosion Control.
(g) Traffic Control .............................. . -4-
(h) Required Improvements and Estimated Costs ...... i . iiiiiiiii -4-
4. Developer's Guarantee ...........
5. Conditions of Final Approval Resolution ............................ -4-
6. Financial Assurances ............................ , ................ ~4-
7. Affordable Housing Parcel.
8. Default .................................................... ,.. -5-
9. Limitation of Liability ............................................ -6-
10.
Amendment ............................
11. ~ ................... -6-
12. -6-
Assignment ....................................................
13. Execution of Final Plat ............................................ -6-
14. Covenants Running with Land ........
15. -7-
Captions .......................
16. Entire Agreement ................................................ -7-
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SILVIA DAVIS ~ITKIN COUNTY DO R 'I1.00 D 0,00
FOR
CHAPARRAL ASPEN AFFORDABLE HOUSINC,
Board of County of Commissioners (the Board ) of Pitkir/~ounty, a political subdivision of the
State of Colorado (the "County"), and Woody Creek Ventures, LLC, a Colorado Limited Liability
Company ("Developer").
RECITALS:
A. Developer is the owner of Homestead 1 lB consisting of approximately.856 acres and
Homestead 1 lC consisting of approximately 1.057 acres of real property situated in the County of
Pitkin, State of Colorado, more particularly described in Exhibit A, attached hereto and incorporated
herein by this reference. In this Agreement the property described in Exhibit A shall be referred to
as "Chaparral Aspen Affordable Housing".
B. Developer desires to develop Chaparral Aspen Affordable Housing as a residential
subdivision to satisfy the requirement to construct seven affordable housing units (the "Units") as
set forth in the Settlement Agreement between Woody Creek Ventures, LLC and the Board of
County Commissioners of Pitkin County dated January 22, 2001 recorded on February 15, 2001 in
the real property records of Pitkin County as Reception No. 451542.
C. The Board granted final approval for Chaparral Aspen Affordable Housing at its
regularlY scheduled meeting °n ~'"x~l / q, 2003. The Board granted conceptual subdivision approval
pursuant to Resolution No. 079-2002 recordedas ReceotionNo. 468088. Pursuant to ResolutionNo
~5~-'Z~05 the Board granted ~i~l
· ~ --
(~e Final Approval Resolutmn ') which was recorded as Reception No. qF3~ ~ I of the
Pi~in County Records on the tgi. day of ff~C ,2003.
D. The Final Approval Resolution required the Developer to file a Subdivision Plat for
Chaparral Aspen Affordable Housing (the "FinalPlat"). The Plat was recorded in the public records
of Pitkin County at Bc~k ~
NOW, THEREFORE, in consideration of the premises and the terms and conditions herein
stated and for other valuable consideration, the adequacy of which is acknowledged by the parties
hereto, it is agreed as follows:
1. Intent. It is the intent of the parties that this Agreement shall constitute a development
agreement (as referenced in C.R.S. § 24-68-104) which establishes the rights and obligations of each
party with respect to Chaparral Aspen Affordable Housing and, in particular, describes the
understandings of the parties with respect to the development and operation of Chaparral Aspen
Affordable Housing. The parties also agree and acknowledge that it is their intent that this
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Agreement shall be enforceable, and that the Developer, the Board and the ~ounty hereby waive any
objection to the enforcement of this Agreement as a contractual obligation. Thus, this Agreement
is intended to provide a contractual relationship between the Developer and the County to ensure
compliance with all requirements contained herein. The provisions of this Agreement are
restatements of certain obligations of the Developer established during the County's land use review
process, obligations imposed by State, federal or other law, or are separate provisions resulting from
negotiations between the parties.
2. Reaffirmation of Representations. Developer reaffirms all representations made in
its previous submissions filed in connection with the County's review and approval of Chaparral
Aspen Affordable Housing, except for those representations which were modified or abandoned
during the approval process.
3. Construction of Proiect Improvements.
(a) Construction Management Plan. Construction ofimprokements required by
!he Final Approval Resolution to be completed by the Developer shall progress substantially
m accordance with the schedules attached hereto as Exhibit B, notwithstanding the foregoing,
Chaparral Aspen Affordable Housing shall be completed by September 13, 2005.
Construction of said improvements shall substantially conform to the plans and specifications
found in the proposals submitted to the County and approved as part of the County's Final
Approval Resolution (the "Plans and Specifications"). The Plans and Specifications also
.describe utility and infrastructure improvements for Chaparral Aspen, which descriptions are
~ncorporated herein by this reference.
(])
All construction staging, material storage, worker parking,
construction trailers, and any other related construction activities shall
be contained within the boundaries of Homesteads 1 lB and 1 lC.
(2)
Construction fencing shall be utilized to delineate the construction
area prior to commencement of construction and shall remain in place
until such time as certificate of occupancies have been issued.
(b) Natural Gas, Electric and Telephone Facilities. Developer has installed the
utility companies infrastructure which are capable of providing natural gas, electricity and
telephone to Chaparral Aspen Affordable Housing necessary to provide such services to the
seven Units to be constructed by Developer. Developer has paid for such work in accordance
with the established fees of each utility company.
(c) Roads. Developer shall construct, at Developer's cost, all private roads
identified on the Final Plat, and shall, at its cost, improve such road in accordance with the
Construction Management Plan and the Plans and Specifications.
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(d) .Affordable Housing. Developer shall construct the affordable housing as
required by the Approval Resolution.
(e) _Fugitive Dust Control Plan. The following Fugitive Dust Control measures
shall be applied to any and all fugitive dust emission sources as required:
(1)
Unpaved roads and all other disturbed areas on site shall be watered
as necessary to prevent fugitive dust from being visibly transported
offproperty. Typical watering frequency shall be three times per day;
or maintaining a 3%-4% soil moisture content during construction
activity.
(2)
Vehicle speeds on all unpaved roads and other disturbed surface areas
shall not exceed 25 miles-per-hour. Speed limit signs (temporary)
shall be posted during construction of all common infrastructure.
(3)
Disturbed soil shall be compacted on a daily basis during construction
to within 90% of maximum compaction.
(4)
Disturbed areas shall be revegetated according to information
submitted by the developer within one growing season of completion
of construction activity.
(5)
Mud and dirt that carry out onto paved surfaces shall be minimized.
Any mud and dirt that carry out onto paved surfaces must be cleaned
up daily. Provisions for washing vehicle wheels and covering
exported materials shall be utilized.
(6)
No earthwork activities shall be performed when the wind speed, as
measured within the project, exceeds 30 miles-per-hour.
(7)
Entry roads, common roads and individual driveways shall be
provided with a minimum of 6 inches of road base per CDOT
Standards.
(8)
Prevent the pollution, or sedimentation, of existing drainage ways and
water courses by sediment, debris and other substances resulting from
pre-wetting and fugitive dust control measures.
(9)
Furnish and apply an improved liquid dust palliative on portions of all
roadways during and after construction. Dust palliative shall consist
of water, or dilution of water and emulsified asphalt, magnesium
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chloride, or other approved substances. Spreading and application
shall be performed in accordance with CDOT standards.
(0 Drainage and Erosion Control. The Developer has previously obtained an
earthmoving permit frOm Pitkin County for the purposes of reclaiming the site of the
Chaparral Aspen Affordable Housing. Such reclamation has been completed by the
Developer and revegetation is in process. Additional drainage and erosion control measures
will be undertaken during Construction of the project improvements if deemed necessary by
the Developer or the Pitkin County Engineer.
(g) Traffic Control. During the construction of infrastructure and utilities,
Developer shall be responsible for controlling and expediting the movement of vehicular and
pedestrian traffic through and around all construction sites and activity as set forth in the
Construction Management Plan described herein.
(1) No parking will be allowed on the County road.
(2)
No work, encroachment, parking, staging, storage or other activities
or access shall occur within the adjacent RTA ROW or on OST Rio
Grand. e Trail Without the written approval of the respective owners or
agencies.
(h) Required Improvements and Estimated Costs. Developer shall be responsible
for the installation or completion of the following improvements, the costs of which is also
estimated below:
Road Improvement - one final 6" lift of road base
Revegetation and Landscaping
Total Cost
$15,000.00
$ 5,000.00
$ 20,000.00
4. Developer's Guarantee Developer hereby guarantees the installation, or completion
of the improvements described in Paragraph 3(h), above and payment therefor. In the event such
installation is not completed substantially within the time limits set forth in the Final Approval
Resolution and in accordance with the Plan and Specifications, the County shall have the right to
cause such work to be done as is necessary to complete the installation in such manner and
Developer shall be liable for the cost of such additional work.
5. Conditions of Final Approval Resolution. The Developer agrees to conform in all
material respects to the conditions of Final Approval as set forth in the Final Approval Resolution,
except to the extent that such conditions will be satisfied by execution and recording of this
Agreement or the execution and recording of the Condominium Declaration for Chaparral Aspen
Affordable Housing.
6. Financial Assurances. Prior to issuance of the first building permit on Homestead
1 lB or 1 lC of Chaparral Aspen, Developer shall provide the County with a performance bond or
letter of credit at Developer's option, in an amount equal to the estimates set forth in Paragraph 3(gl,
less the amount estimated for any improvements that have been previously installed. In the event
that commencement of construction is delayed by more than two years from the date that the Final
Plat is recorded, Developer shall, no more than three months prior to the commencement of
construction, provide the County for its review and approval a new estimate of the construction costs
contemplated herein. Upon acceptance of the new estimate by the County, the performance bond
or letter of credit shall be in that amount. The provider of the performance bond or letter of credit,
and the form and substance of the performance bond or letter of credit, shall be reasonably
satisfactory to the County. The performance bond or letter of credit Shall be for the purpose of
assuring Developer's full performance of its obligations hereunder and payment byDeveloper of the
cost of installing all improvements required to be paid for by Developer, and shall be payable to the
County or its designee. Upon completion of each portion of improvements and the inspection,
approval and acceptance thereof by the County Engineer or utility company, as applicable, the
mount of the performance bond or letter of credit, may, at the sole discretion of Developer, be
reduced by the amount allocated to that portion of the improvements, except ten percent (10%)
thereof. The performance bond or letter of credit shall be terminated and the retainage released when
all proposed improvements are completed and approved by the County Engineer (based on notices
of completion and acceptance by utility companies, if applicable). The Developer may request that
the County consent to the full substitution of collateral and satisfactory financial guarantee, which
consent shall not be unreasonably withheld.
7. Default. If Developer shall default in the performance of Developer's obligations,
Developer shall have the right to cure said default after written notice by the County of the default
to Developer. If Developer fails to cure such default within sixty (60) days after written notice is
given from the County to DevelOper specify/ng the nature of such default (or if such default cannot
be cured within the aforesaid period of time, or if the Developer shall fail to promptly commence to
cure the same and to thereafter diligently proceed with such cure), then the County shall be entitled
to (1) undertake such work as maybe necessary and appropriate to cure such default; and (2) draw
against the performance bond or letter of credit deScribed in Section 7, above, and use the proceeds
thereof as the County deems appropriate in its sole discretion, provided the proceeds are utilized for
the improvements required by this Agreement. Any written notice required to be given to Developer
shall be given by first-class mail, postage prepaid, and by certified mail (return receipt requested) to
the following address: c/o Freilich, Myler, Leitner & Carlisle, 106 S. Mill Street, Suite 202, Aspen,
Colorado 81611. Developer may notify the Countyin writing of any change in address to which this
notice shall be given.
8. Limitation of Liability. No recourse shall be had for any obligation of or default by
.D.eveloper under this Agreement or for any claim with respect to this Agreement against any partner,
joint venturer, officer, agent, legal representative, trustee of Developer, or any creditor or lender of
Developer under any rule of law (including, without limitation, the rule of law that general partners
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and joint venturers are jointly and severally liable for the indebtedziess of a partnership or joint
venture, as applicable), contractual provision, statute or constitution or othei~vise, it being understood
that all such liabilities of the partners, joint venturers, officers, agents, legal representatives and
trustees of Developer are to be, by the execution of this Agreement by the County, expressly waived
and released as a condition of, and in consideration for, the execution and delivery of this Agreement.
Nothing contained herein shall constitute a waiver of any obligation of Developer to the County
under this Agreement or shall be taken to prevent recourse to or of the enforcement of any rights of
the County against the assets of Developer only, or the performance bond or letter of credit explicitly
provided for in this Agreement.
9. Amendment. This Agreement may be amended only by written instrument signed by
the County and the Developer.
10. Binding. This Agreement shall be binding upon and shall inure to the benefit
of the parties hereto and their successors and assigns.
11. Assignment. In the event Developer does not market the individual Homesteads,
Developer may assign its interest in the property to a third party who shall develop the Chaparral
Aspen or portions thereof, including the construction of the improvements contemplated hereunder,
in accordance with and subject to the provisions of this Agreement.
12. Execution of Final Plat Developer's obligations to construct the improvements
contemplated hereunder are expressly contingent on the County approving and executing the Final
Plat and the recordation of the same in the office of the Clerk and Recorder for Pitkin County,
Colorado.
13. ~ovenants Running with Land. All covenants, restrictions, conditions and obligations
herein contained are covenants running with the land and 'shall attach and bind and inure to the
benefit of the Developer and County, their respective grantees, successors and assigns.
14. Captions. Titles or captions of Paragraphs contained in this Agreement are inserted
only as a matter of convenience and for reference, and in no way define or limit, extend or descr/be
the scope of this Agreement or to the intent of any provisions hereof.
15. Entire. This Agreement constitutes the full and complete Agreement of
the parties hereto and shall not be modified except by a written agreement signed by the parties.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be signed the date and
year first written above.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
BY:
WOODY CREEK VENTURES, LLC
a Colorado..h,paited liability c. ginpany
By'~~~~
Clark Lipscor~, ~
Vice President
ISEntitles\T. Z~Woody Creek Ventures, LLCkEmployee Housing\Subdlv/slon Final Plat App. 3-21-03kAH Development Agreement 5-7-03.wpd
-7-
Table of Exhibits
Exhibit A Legal Description of Homestead 1 lB and 1 lC Chaparral Aspen
Exhibit B Construction Schedule
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Exhibit A
LEGAL DESCRIPTION
OF
HOMESTEAD liB AND llC OF CHAPARRAL ASPEN
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-9-
PROPERTY DESCRIP]]ON - HOMESTEAD llB
A PARCEL OF LAND SITUATED IN SECTION 9, TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE SIXTH
PRINCIPAL MERIDIAN; COUNTY OF P~TKIN, STATE OF COLORADO; SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE W1/4. CORNER OF SECTION 9, AN ALUMINUM CAP L.S. NUMBER '17'4.9t IN PLACE;
THENCE S69'52'10"E, A DISTANCE OF ,:380,69 FEET TO THE NORTHWESTERLY BOUNDARY CORNER OF
HOMESTEAD '11, A REBAR AND CAP LB. NO. 15710, IN PLACE; THENCE S47'03'58"E A DISTANCE OF'
4.77.68 FEET TO THE POINT OF BEGINNING; THENCE N88'2B'OT"E, A DISTANCE OF 178.24. FEET;
THENCE S56'44'27"E, A'DISTANCE OF 189.86 FEET; THENCE S33'15'33"W, A DISTANCE OF 163.45
FEET; THENCE: N4'7'O3'56"W, A DISTANCE OF .337.39 FEET TO THE POINT OF BEGINNING, SAID PARCEL
CONTAINING 37,314. SQUARE PEET OR 0.858 ACRES, MORE OR LESS.
PROPERTY DESCRIPllON - HOMESTEAD 11C _
A PARCEL OF LAND SITUATED iN SECTION 9, TOWNSHIP 9 SOUTH, RANGE 85 WEST CF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF PITI(IN, STATE OF COLORADO; SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE W1/4 CORNER OF SECllON 9, AN ALUMINUM CAP L.S. NUMBER 174.91 IN PLACE;'
THENCE S89'52'I0"E, A DISTANCE Oh' .380.69 FEET TO THE NORTHWESTERLY BOUNDARY CORNER OF
HOMESTEAD 11, A REBAR AND CAP i-S. NO. 15710 IN PLACE; THENCE S4.7'03'56"E A DISTANCE OF
815.07 FEET TO THE POINT OF BEGINNING; THENCE N33"iS'33"E, A DISTANCE OF 163.45 FEET;
THENCE S56'4.4'27"E, A DISTANCE OF 128.76 FLEET; THENCE S55~29°24"E, A DISTANCE OF 54.00 FEET;
THENCE S 13~2D'26"E, A DISTANCE OF 116.67 FEET; THENCE S32'37'10"W, A DISTANCE OF 122.02
FEET; THENCE ALONG ~i~-(E ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 2,4.99.98 FEET A
CENTRAL ANGLE OF 3'55'30", A DISTANCE OF 171.2(5 FEET (CRORD BEARS N49q31'¢l"W 171.23 FEET);
'THENCE N4.7q)3'56"W, A DISTANCE OF 100.72 FEET TO THE POINT OF BEGINNING, SAID PARCEL
CONTAINING 46,068 SQUARE FEET OR 1.057 ACRES, MORE OR LESS.
Exhibit B
CONSTRUCTION SCHEDULE
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ID
Task Name ~- Duration Start F
Phase Schedule for Chaparral Aspen
Employee Housing 2003/2004
Finish
~ - ~ 2004
1 PHASE 1 145 days .... --J- _ ~_M_a_r_~M_ay_~' _~UU~e~N~v' ...:~_j_a.~- L
Mon 6/2/03 Fri ~21~9/03 ~
~ Road 3 L~fl 7 days Mort 6/~03 Tue6/10/03
3 Unit 1
145 days - Don 6/2/03 - Fri 1~19/03~ ~~J~¢~t
~ Unit 6 145 days .... Mort'6/2/03*" Fd 1~19/03~
5 ~ Unit 7 .... ~45 days Mort 6/2/03 ..... F~i 1~19/03 ~
~HASE 2 ............ 150 days .... Mon 4/5/04 Fri 10/29/04'¢ ~;~;~¢J~;~
- ~ .... Unit 2 ...........
. ~. 150 days .... M~n 4/5/04 '- -Fr/10/29/04~
8 ~ Unit3 ....... 150days --'-Mort4/5/04 ' -Fd'10/29/04~
--~ --~ Un~t4 150 days - Mort4/5/04 -~ -Fri 10/29/04~
10 Unit 5 .............. Mon 4/5/04 Fd i0/29/04~
150 days
1~ -~Road ~"'~iff ...... 7days; Mort 11/1/04 -- Tue 11/9/04~
12 ~ Re-vegeUionilands~pi~g ~
- "~6~ days' - Mon 11/1/04'"-Mon 10/31/05~
869817
Task
Split
Progress
External Tasks
Extemal Milestone
Deadline
Project: Employee Housing Schedule
Date: Wed 7/2/03
Milestone ~.
SummaW
Pr~ectSummaw ~
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