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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING APPROVAL OF THE ASPEN VALLEY RANCH SPECIAL REVIEW, 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION AND GMQS EXEMPTION Resolution No. L1'~-2005 RECITALS SGS-Ranch LLC ("Applicant") has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") for approval to develop 8 new single family residences on parcels ranging from 35 to 120 acres, to create a new 35+ acre parcel around the existing ranch house and a 35+ acre Agricultural Facilities Parcel that encompasses the existing agricultural buildings and affordable housing units. The Applicant is requesting approval for a total of 96,750 square feet of floor area for the development, with no more than 3 of the residences containing in excess of 10,750 and up to 13,250 square feet of floor area. The following approvals are requested and required: A. Rezoning of 245 acres of the ranch to Rural/Remote; B. 1041 Hazard Review and Conceptual Submission to establish building envelopes; C. GMQS Exemption and Special Review to establish the pamels as TDR receiver sites (for initial development rights and additional floor area); 2. The property is located on Upper River Road, and is more specifically described in Exhibit A. 3. Tile property is comprised of two separate parcels that contain a total of 731 acres. The property is zoued RS-20/PUD with the exception of approximately 2 acres of land that is zoned AH. 4. Tile Pitkin County Planning and Zoning Commission ( 'Co nm'ss'on ) co ls'dered the proposed application at a regularly scheduled meeting on May 17, 2005, and recommended approval by a vote of 5-0. The BOCC considered this application at duly noticed public hearings on July 27 and August 10, 2005, at which times evidence and testimony were presented with respect to the application. The BOCC reviewed and approved the Development Agreement on August 24, 2005. Tile BOCC finds that the proposed building envelopes are located on slopes of less than 30% and avoid the 100 year floodplain and critical wildlife habitat areas; the wildfire hazard is rated as low to medium and can be mitigated; the debris flow hazard can be mitigated; The BOCC further finds the development is consistent with the special review criteria for TDR receiver sites and caretaker dwelling units, and that the proposed development otherwise complies with the applicable provisious of the Land Use Code ("Code"). The BOCC fi~rther finds that an extended vested right of 15 years is appropriate because tile proposed development promotes the public benefit lo a manaer consistent with, and which promotes the policies and requirements contained in the Code. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve the Aspen Valley Ranch 1041 Hazard Review, Conceptual Submission, Special Review and GMQS Exemption, subject to the fbllowing conditions, which shall run with tile land and be binding on all successors in interest. Page: 1 of 10 10/14/2005 02:20J SILVIA DAVIS PITKIN COUNTY C0 R 0.00 D 0.00 Resolution No. [~-2005 P~ge 2 The Applicant shall adhere to all material representations made in the application or ill public meetings or bearings and shall consider tbose representations to be conditions of approval, unless amended by other conditions. 2. Prior to submission of any eartbmoving, access, ISDS or building permit applications, tbe Applicant shall: Record the Subdivision Exemption Plat. The exemption plat shall identify the public trail easement. Submit 1041 Hazard Review Site Plans to the Community Development Department for approval and recording. The owner must sign the mylar copies of the site plans prior to submittal for recording. The Applicant shall amend the site plans as follows, prior to submission for recordation: 1) Include the location and dimensions of building envelope setbacks from properly lines, and/or tie in the bouudaries oftbe building envelopes to a permanent marker. 2) Eliminate sbading of envelopes. C. SuNnit the revised Protective Covenants, Developmeot Agreement aud Trail Easement for review and approval by the County Attorney and the Community Development Department, prior to recordation. D. Tbe Occupancy Deed Restriction and Agreement dated May 18, 1992 and recorded as Reception No. 34491 I shall be amended as follows: 1) For the purpose of determining rent and/or sale prices, the existing units at 20, 31 and 559 Aspen Valley Ranch Road shall be classified as Single-Family Detached Category 3 units and tbe units at 55, 71, 80 and 105 Aspen Valley Ranch Road shall be classified as Single-Family Detached Category 1 units. 2) The Housing Authority sbalI qualify all occupants of the units as to employment. Occupants must not own developed residential real estate or a mobile home in those portions of Eagle, Garfield, Gunnison or Pitkin Counties, which are part of the Roaring Fork River drainage. 3) The Applicant shall provide financial security to assure the removal of any unit if the owner thereof is found to have breached the terms and conditions of the Occupancy Deed Restriction and Agreement. E. Provide documentation to the Housing Office to verify that the current tenants of the employee housing units comply with the provisions specified in condition D2 above. 3. Concurrent with recordatiou of the 1041 site plan(s), the Applicant shall: A. Record the Protective Covenants, Development Agreement, and revised Occupancy Deed Restriction and Agreement. B. Obtain Irrevocable Certificates of TDRs from the Rural/Remote tracts, and execute and record the deed restriction against further development of the tracts. C. Record the public trail easement, which shall allow pedestrian, snowshoeing and cross_country skiing from the Rio Grande trail across the ranch and the Werk-Cook parcel up Red Canyon to the BLM land. Dogs shall be prohibited. The trail shall be closed from December ! to March 3 I each year. 4. All documeuts shall be recorded within 180 days of the date of this approval. Page: 2 oq 10 10/14/2005 02:20~ $ILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 Resolution No. ![~-2005 Page 3 The Development Agreement shall be amended prior to recordation to specify that the following sha[I vest based on the standards of the Code in effect on the date of approval: floor area entitlements utilizing TDRs; GMQS exemptions granted; maximum floor area and the current floor ama definition; minimum and maximum lot size; building height; road and property setbacks; stream setbacks for Lots 4, 8 and 9; grading agd placement of fill; mid preservation or creation of scenic viewplanes. Prior to submission of an ISDS permit for each parcel, the Applicant shall provide documentation ora legal water supply and adequate quality and quaotity of water to the Environmental Health Department. Wells must be located within the building or development envelopes, or in a location outside of the envelopes that is approved by the Community Development Department. Prior to building permit application for a new residence on each of each of Parcels 1-7 and 9, the Applicant shall submit one executed Irrevocable Certificate(s) of TDRs to allow up to 5,750 square feet of floor area on each parcel, and a copy of the deed evidencing conveyance of the Certificate(s) to the Applicant (if applicable). The Applicant may replace the existing residence on Pareel 8 up to the size of the original unit or 5,750 square feet of floor area, whichever is greater. The Applicant may submit additionaI TDR Certificates or may utilize growth management allotments for additional floor area on Parcels 1-9 up to the maximum specified in #12 below. The Applicant shall cmnplete the floodplain/debris flow mitigation berm and clear the Red Canyon and Dry Woody Creek channels as shown on the Schmueser Gordon Meyer plans dated 7/5/05, prior to issuance of any permits for development on Lots 4 or 8, or redevelopment on the Agricultural Facilities Parcel. Prior to submission of any building permits for residences on any of Pareels 1-7 and 9 and a replacement residence on Parcel 8, the Applicant shall obtain an Access Permit to improve Aspen Valley Ranch Road to the "Country Access" standard specified in the Asset Management Plan from the intersection with Upper River Road to the driveway to Parcel 4. The permit shall be reviewed and approved by the Couoty Engineer and the Fire Marshal. I 0. Prior to issuance of building permits for residences on Pamels 5, 8 and 9, the Applicant shall obtain an Access Permit to improve the applicable driveways from Aspen Valley Ranch Road to the driveways to the building envelopes on those parcels to the "driveway" standard in the Asset Management Plan, but with a minimum 16' wide driving surface. The permit shall be reviewed and approved by the County Engigeer and the Fire Marshal. 11. Prior to issuance of building permits for residences on each of Parcels 1-7 and 9 and a replacement residence on Parcel 8, the Applicant shall: A. Obtain a fireplace/woodstove permit from the Community Development Department. B. Submit a drainage and erosion control plan for review and approval by the County Engineer. C. Obtain a driveway/access permit, which shall be approved bythe County Engineer and the Aspen Fire Marshal. D. Obtain a site specific foundation investigatiou for each of Parcels 5-9. E. Obtain ISDS permits from the Environmental Health Department. The systems ~nust be designed by a registered professional engineer, shall be located within the building or development envelopes, aod must comply with the setback requirements from surface and groundwater sources. F. If the residence exceeds 5,000 square feet, submit a Traffic and Parking Management Plan in accordance with the Asset Management Plan for review and approval by the County Engineer. G. Submit a landscaping plan, for review and approval by the Community Development Department. H. Pay the applicable road impact and housing impact fees. Page: 3 or lo 10/14/2005 02:201 SILVIA DAVIS PITKIN COUNTY CO R 0.00 0 0.00 Resolution No. il¢ -2005 Page 4 Pay a capital replacement fee in the amount of $5,222.22 to RFTA. This fee shall be adjusted upward to reflect the value at the time of payment based on the annualized rate of iuflation as published in the Consumer Price Index (Denver/Boulder/Greeley CPI-W not seasonally adjusted, which index stood at 189.2 on July l, 2005) as established by the US Bhreau of Labor Statistics. 12. The total floor area of all residences shall not exceed 96,750 square feet. No more than 3 residences may contain floor area in excess of 10,750 square feet and up to 13,250 square feet, provided that the residences on Parcels 6 and 7 shall not exceed 10,750 square feet. Subject to the foregoing, the Applicant shall allocate the allowable square footage of Floor Area for each parcel either at the time of the initial sale of such parcel or upon application for a building permit for a residence on such parcel, whichever first occurs. The Floor Area to be allocated shall be set forth in a document entitled "Allocation of Floor Area" which shall identify the parcel for which the allocation is made, shall be signed by the Applicant and recorded in the office of the Clerk and Recorder of Pitkin County, Colorado. Thereafter, the Allocation of Floor Area as set forth in the recorded document may only be amended by and through an amendment to the Final Approval Resolution processed pursuant to the regnlatious of the County then in effect. 13. Agricultural buildings are prohibited on Parcels 1-9. Agricultural facilities on the Agricultural Facilities Parcel shall be limited to a totaI of 30,000 square feet, with no one building exceeding 5,000 square feet. The floor area of the employee units on the Agricultural Facilities Parcel shall not exceed 10,000 square feet, with no one unit to exceed 2,000 square feet. 14. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of each building and development envelope and install construction fencing around the perimeter of the building and development envelopes. The fencing shall remain in place until a Certificate of Occupancy is issued for the residence. 15. No development, including grading, excavation, fill placement, berming, landscaping, entry or ranch gates, construction parking and staging, vegetation removal or disturbance, septic system and well, shall occur outside of the approved building and development envelopes, except to comply with the required wildfire mitigation. Utility and driveway extension and maintenance shall occur within approved building or development envelopes. 16. Only plant species listed in the Pitkin County Revegetation Guide (or species native to the site) shall be utilized to revegetate areas outside of the building envelopes that are disturbed by construction of access drives and installation of utilities, subject to a revegetation plan approved by the Natural Resources Divisiou prior to issuance ora Certificate of Occupancy. However, if agricultural areas are disturbed, those areas may be planted with agricultural crops that are not included in the Revegetation Guide. 17. Exterior ligbting sball comply with the County's lighting regulations in effect at tbe time of iastallation. Exterior lighting is prohibited on any facades that face Highway 82 except where necessary to comply with health and safety requirements of the building code. 18. Tbe exterior of the residences shall be finished in earth tones, which blend with the colors of the natural snrrounding environment. Roof materials shall be non-reflective. 19. Tbe Applicant shall comply witb the following measures to mitigate impacts to wildlife: A. Native vegetation shall be maintained outside of the building envelopes, except for agricultural crops. B. Provide waste storage that complies with the County Code regarding bear-proof containers. 516266 Page: 4 o~ 10 10/14/2005 02: 201 D 0.00 Resolution No. Ilq -2005 P~ge 5 Verification of compliance shall be provided prior to issuance of a certificate of occopancy. C. Avoid fruit-bearing trees and shrubs in any landscaping. D. Dogs shall be kenneled, with the exception of working ranch dogs when at work. E. AIl new fencing outside of the building envelopes that is not necessary for livestock reteution shall comply with the following: 1 ) 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. 2) Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed 42 inches in height. 3)Existiug fencing shall be brought into compliance. F. Horse bay shall be fenced at the owner's expense with 8' game-proof fencing and other f~ed shall be kept in bear-proof containers. 20. The Applicaut shall comply with the following wildfire mitigation standards: A. For a distance of 15 feet around all structures establish and maintain vegetation at 6 ioches or less, with mowed grass, Iow growing perennials or some type of hardscape (e.g., sidewalk, pavers, rock mulch). B. Beyond the 15-foot perimeter and up to 30 feet keep grass mowed to a height of 6 inches or less. C. Future landscaping within 100 feet of any structure shall be spaced no closer than l0 feet from the outermost branches. The lower limbs of conifers should be removed up to 10 feet or half the total height of the plant to eliminate ladder fuels. D. Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the International Building Code (IBC) Section 1505.2. Wood shake/shingle roof coverings are probibited in all wildfire hazard areas. Roofs with less than a 3:12 pitch are not permitted nnless they comply with the followiug: I) All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. 2) AIl roof coverings shall have a surface that shall facilitate the natural process of clearing the roofi 3) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the approved building code and shall have a miuimum slope of 1:48. 5) AIl roof designs, coverings or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal ora building permit application. E. Vents shall be screened with COtTOSiVe resistant wire mesh with mesh ¼ inch maximum. F. Roofs and gutters shall be kept clear of debris. G. Yards shall be kept clear of all litter, slash, and flammable debris. H. All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. I. Swimming pools or ponds shall be accessible to Fire Department vehicles. J. Fences shall be kept clear of brush and debris. K. Wood fences shall not connect to the structure. L. Fnel tanks shall be installed underground with an approved container. M. Propane tanks shall be installed according toNFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above-ground tank. Auy wood enclosure around the tank shall be constructed with materials approved for 2 hour fire-resistive construction on the exterior side of the walls. Page: § of 10 10/14/2OO5 02:2OI Resolution No. i[~/-2005 Page 6 N. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisber placed in a visible and accessible location. O. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and iastalled on a non-combustible post. P. New utility lines shall be buried within roadways. 21. The Applicant shall comply with the applicable codes and requirements of the Aspeu Fire Protection District. Each owner shall install a 20,000 gallon underground water storage tank with a hydrant within the approved envelopes, prior to final inspection of the residence. 22. The Applicant shall comply with the County's Noxious Weed Management Plau. 23. Any developlneut located within setbacks shall require a variance from the Board of Adjustment. This approval does not assure approval oftbe variance. 24. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequeut permits related to this property or vested rights associated with this property. 25. 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 - August 10, 2025. Page: B of 10/14/20015 02:2OI SILVIA DAVIS PI/KIN COUNTY Co R 0.00 D 0.00 Resolution No. 1[~-2005 Page 7 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 26th day of June, 2005. APPROVED AND ADOPTED on the 10th day of August, 2005. PUBLISHED AFTER ADOPT}ON F(~F/STED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the~*'day oCffr~_0/_, 2005. BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO Cindy Houben '~ Community Development Director John Ely County Attorney P076-03 PID #264305400001/264304100005/264304200033 516266 Page: 7 of' 10/14/2005 02:201 D 0.00 1~ SCHMUESER GORDON MEYER C~LEN~VC~O[/ ~PRNGS ~$P~N CR~'sTE© BU~E 20 September 2005 1041 Special Review Approval Aspen Valley Ranch Page: 8 et' 10 10/14/2005 02:20! SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 A parcel of land located in W1/2 of Section 4, the S1/2 of Section 5, the NE1/4 of Section 8 and the Wl/2 of Section 9, Township 8 South Range 85 west 6th P.M., Pitkin County, Colorado, being more particularly described as fbllows: Beginning at the Northeast Corner of the 1st Amended Plat of Aspen Valley Downs Subdivision P.U.D. as recorded in Plat Book 49 at Page 2, also being the C1/4 Corner of said SectiOn 4, with all bearing being relative to N00°00'24"E between the E1/4 Corner and the NE Closing Corner of said Section corner of Section 4, thence along the Northerly and Westerly boundary of said Aspen Valley Downs the following eleven (11 ) courses N86°48'00"W a distance of 209.39 feet; thence S86°49'20"W a distance of 399.76 fee; thence S90°00'00"W a distance of 1548.54 feet; thence S18°44'09W a distance of 994.62 feet; thence N65°14'29"E a distance of 573.48 feet; thence S52°25'58"E a distance of 870.39 feet; thence S00°45'26"W a distance of 373.33 feet; thence S50°31'43"E a distance of 1,026.94 feet; thence S02°29'27"E a distance of 787.59 feet; thence S59°42'09"E a distance of 445.52 feet; thence S00°05'31"W a distance of 434.56 feet to a point on the north line of a tract of land described in Book 360 at Page 750 of said Pitkin County records; thence along the Northeasterly line of said tract of land the following six (6) courses: N79°54'10"W a distance of 94.00 feet; thence N66°36'00"W a distance of 190.54 feet; thence S73°50'34'' W a distance of 25.46 feet; thence N50°09'43" W a distance of 694.62 feet; thence N40° 48'28" W a distance of 53.72 feet; thence S29°44'29"W a distance of 9.18 feet to a point on the North line of a tract of land described in Book 607 at Page 824 and exception recorded in Book 207 at Page 351; thence along the Northerly line of said tract or land the following ten (10) courses N31 °42'00" W a distance of 244.04 feet; thence N50°21'00"W a distance of 276.85 feet; thence S77°36'00"W a distance of 91.74 feet; thence S03°35'00"W a distance of 112.12 feet; thence S25° 59'00"E a distance of 80.50 feet; thence S54° 00'00"W a distance of 309.60 feet; thence S36°03'00"E a distance of 163.23 feet; thence S23°21'00"E a distance of 258.25 feet; thence S34°15'00"W a distance of 100.49 feet; thence S44°24'00"E a distance of 35.18 feet to point on the Northwesterly boundary of a tract of land described in Book 360 at Page 750; thence along the Northwesterly line of said tract of land the following five (5) courses S29°59'20"W a distance of 550.01 feet; thence S78°52'16"W a distance of 111.31 feet; thence S22°22'18"W a distance of 385.83 feet; thence SCHMUESER IGORDON MEYER ENGINEERS:SURVEYORS S04°32'55"E a distance of 1048.40 feet; thence N69°50'55"W a distance of 441.36 feet to a point on the Northerly right of way line of the former Denver and Rio Grande Western Railroad; thence along the Northerly line of said right of way N47°05'56"W a distance of 488.61 feet to the West line of said Section 9; thence along the West line of said Section 9 N00°02'48"W a distance of 171.07 feet to the Northerly right of way line of a County Road; thence along the Northerly line of a County Road the following six (6) courses 92.31 feet along the arc of a 3,790.40 feet radius non-tangent curve to the right, having a central angle of 1°23'43" and subtending a chord bearing N41°36'27"W a distance of 92.30 feet; thence N40°54'35"W a distance of 394.51 feet; thence 267.49 feet along the arc of a 818.28 feet radius curve to left, having a central angle of 18°43'46'' and subtending a chord bearing N50°16'28"W a distance of 266.30 feet; thence N59°38'21"W a distance of 241.25 feet; thence 185.83 feet along the arc of a 478.57 feet radius curve to the right, having a central angle of 22014'54'' and subtending a chord bearing N48°30'54"W a distance of 184.67 feet; thence N37°23'27"W a distance of 193.98 feet; thence 209.10 feet along the arc of a 540.90 feet radius curve to the left, having a central angle of 22008'57'' and subtending a chord bearing N48°27'55"W a distance of 207.80 feet; thence N59°32'24"W a distance of 327.82 feet; thence 86.55 feet along the arc of a 214.69 feet radius curve to the right, having a central angle of 23005'53'' and subtending a chord bearing N47°59'28"W a distance of 85.96 feet; thence, N36°26'31"W a distance of 248.86 feet; thence 192.08 feet along the arc of a 1075.49 feet radius curve to the left, having a central angle of 10013'59'' and subtending a chord bearing N41 °33'31"W a distance of 191.83 feet; thence S41 °28'04"W a distance of 125.27 feet to a point on said Northerly right of way line of the former Denver and Rio Grande Western Railroad; thence along said Northerly right of way line the following three (3) courses N47°05'56"W a distance of 685.74 feet; thence 408.54 feet along the arc of a 5,779.65 feet radius curve to the left, having a central angle of 4°03'00'' and subtending a chord bearing of N49°07'27"W a distance of 408.45 feet; thence N51 °08'56"W a distance of 1,122.73 feet to a point on the boundary of a tract of land described in Book 207 at Page 355 of said Pitkin County records; thence along the Easterly line of said tract of land the following five (5) courses N34°59'18"E a distance of 111.08 feet; thence 281.34 feet along the arc of a 530.00 feet radius non-tangent curve to the left, having a central angle of 30°24'52'' and subtending a chord bearing N50°14'12"W a distance of 278.05 feet; thence 201.94 feet along the arc of a 2,097.30 feet radius a reverse curve to the right, having a central angle of 5°31 '00" and subtending a chord bearing of N62°41'12"W a distance of 201.86 feet; thence N59°55'42"W a distance of 165.00 feet; thence S30°04'18"W a distance of 67.00 feet to a point on said Northerly right of way line of the former Denver and Rio Grande Western Railroad; thence along Northerly line of said right of way the following two (2) courses 43.25 feet along the arc of a 2,914.93 feet radius curve to the left, having a central angle of 0°51 '00" and subtending a 2 SCHMUESER IGORDON I MEYER ENGINEERS!SURVEYORS chord bearing N57°39'26"W a distance of 43.25 feet; thence N58°04'56"W a distance of 171.58 feet to the Southeast Corner of the West Ranch Subdivision according the plat thereof recorded in Plat Book 48 at Page 30 of said Pitkin County records; thence along the boundary line of said West Ranch Subdivision the following three (3) courses N00°00'00"E a distance of 914.43 feet along the Southeasterly line; thence S90°00'00"W a distance of 1,185.00 feet along the Northerly line; thence S30°00'00"W a distance of 307.23 feet along the Westerly line of said West Ranch Subdivision to the Northerly right of way line of said Denver and Rio Grande Western Railroad; thence along the Northerly line of said right of way line the following two (2) courses 14.98 feet along the arc of a 1,482.68 feet radius non-tangent curve to the left, having a central of 0°34'44'' and subtending a chord bearing of N67°42'34"W a distance of 14.98 feet; thence N67°59'56"W a distance of 317.81 feet to the West line of Government Lot 5 of said Section 5; thence N00°00'00"W a distance of 608.36 feet along the Westerly line of said Lot; thence N89°26'06"E a distance of 2,657.16 feet along the North line of Government Lots 5 and 6 of said Section 5 to the C1/4 Corner of said Section 5; thence N89°24'47"E a distance of 2,536.83 feet along the North line of Government Lot 7 of said Section 5 to the Southwest Corner of Government Lot 1 of said Section 5; thence N00°06'08"W a distance of 694.67 feet along the West line of said Government Lot 1; thence S56°00'00"E of distance of 676.38 feet; thence N79°41'00"E a distance of 101.17 feet; thence N79°41'00"E a distance of 162.48 feet; thence N52°12'00"E a distance of 195.35 feet; thence N45°1 I'00"E a distance of 23.22 feet; thence N00°00'00"E a distance of 180.69' feet; thence N89°5739E a distance of 2,301.26 feet; thence S00°06'43"W a distance of 648.11 feet to the East -West Centeriine of said Section 4; thence N86°45'26"W along the East-West Centerline of said Section 4 a distance of 441.52 fee to the point of beginning, containing 485.6323 acres more or less. Q:2005\341.001\1041specialreview.doc DEVELOPMENT AGREEMENT - VESTED RIGHTS FOR ASPEN VALLEY RANCH THIS AGREEMENT is made this ,/3-~day of ~e-~,,6,~/' ,2005, by and between the Board of County of Commissioners (the "Board") of Pitkin County, a political subdivision of the State of Colorado (the "County"), and SGS-Ranch, LLC, a Colorado limited liability company ("Developer"). RECITALS: A. Developer is the owner of approximately 486 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 "Aspen Valley Ranch." B. Developer applied to the County for various approvals in order to develop Aspen Valley Ranch as a residential subdivision. C. The Board granted final approval for Aspen Valley Ranch at its regularly scheduled meeting on August 24, 2005. Such "Final Approval" consisted of conceptual submission approval, a growth management quota system exemption, special review approval for the establishment transferable development rights receiving areas, construction of caretaker dwelling units and 1041 hazard review approval. The Final Approval of the Board was embodied in Resolution No. I ~ D~-,-~g'(the "Final Approval Resolution") which was recorded as Reception No. ~[ (:9 ~o(:p of the Pitkin County records on the Icl day of (7~2_rc40~ ,2005. D. The Final Approval Resolution included approval to file a Subdivision Exemption Plat and 1041 Hazard Review Site Plan for Aspen Valley Ranch (the "Exemption PI~"). The Exemption Plat was recorded in the public records of Pitkin County at Reception No. Book *'-7~:1_, at PageX~ /~ --. I ~, 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 for the purpose of establishing vested property rights as defined therein for a period of fifteen (15) years. 2. Right to Development/Vested Property Rights. (a) Developer shall have the right to undertake and complete development of Aspen Valley Ranch and the residences and facilities described in the Final Approval Resolution, and to use, occupy, sell, encumber or lease Aspen Valley Ranch and its facilities subject to the terms and conditions of the Final Approval Resolution, the Exemption Plat and Page: 1 otr 4 10/14/2005 02;37; SILVIA DAVIS PITKIN COUNTY CO R 21.00 D 0.00 this Agreement. Such rights shall vest in the Developer, and its successors and assigns, as benefits and shall run with title to the land. The Final Approval Resolution and Exemption Plat as approved by the County constitute a "Site Specific Development Plan" pursuant to C.R.S. § 24-68-101, etseq. (b) The development rights and uses described in this Agreement and/or included in Final Approval Resolution are vested for a period of fifteen (15) years from the date of Final Approval which, for the purposes of this provision, is October 12, 2005. During the 15-year vesting period ending October 12, 2020, Developer and/or its successors or assigns shall not be subject to any addition, modification or amendment to the Land Use Code or to any other regulation not in effect on the date of vesting which amends or has the effect of amending any of the following: (1) any provisions of the Land Use Code which restrict or eliminate the growth management exemptions approved in the Final Approval Resolution; or (2) the provisions of the Land Use Code which establish the amount of square footage available through utilization of transferrable development rights; or (3) the regulations, requirements, standards and conditions concerning the following provisions of the RS-20 Zone District in effect on the date of this Agreement (all terms are as defined in the Pitkin County Land Use Code, unless otherwise noted): (i) maximum floor area, or the calculation or definition thereof; (ii) minimum and maximum lot size; (iii) building height; (iv) road, property or stream setbacks for Homesteads 4, 8 and 9; (v) grading and fill placement; and (vi) preservation or creation of scenic view planes. (c) Notwithstanding any other provision of this Agreement, no provision hereof shall be construed to exempt Developer or any future owner or owners of Aspen Valley Ranch from the requirements of Final Approval Resolution, building permits, or other necessary permits or approvals which become applicable subsequent to the approval of this Development Agreement. Nor shall any provision hereof be construed to preclude the application of the Uniform Building Code, Fire Code, Plumbing Code, Electrical Code, Mechanical Code, or other requirements reasonably necessary for the protection of the public health and safety. 3. Amendment. This Agreement may be amended only by written instrument signed by the County and the Developer. 4. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. Page: 2 of 4 10/14/2005 02:37; SILVIA DAVIS PlTKIN COUNTY CO R 21 .OO D 0.00 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:~]~~~ T~tle: ~.~t..~-,,~.~ SGS-RANCH, LLC, a Colorado lirn~ited liabilj.ty-co, mpany BY: SE~ SV~Y,.~NAGER By: ,(_..c.,-*.~~~ David J. Myter, Attorney-in-Fact for Seymour Svirsky G:\Clienl\SGS-AVR\Development Agreement 090605,wpd $ILVIFI DAVIS PlTKIN COUNTY CO R 21 00 O 0 00 ' Exhibit A LEGAL DESCRIPTION OF ASPEN VALLEY RANCH Homesteads 1 through 9 and the Agricultural Facilities Parcel as shown on the Subdivision Exemption Plat for Aspen Valley Ranch recorded I O- I~ ,2005, as Reception No. SI g~z_~, in Plat Book '"7~' ~ at Paget3 .,~ of the Pitkin County records. $ILVIA DAVIS PlTKIN COUNTY CO R 21 O0 D 0 00 ' TRAIL EASEMENT This Trail Easement (the "Easement")is made and entered into this /~¢'~ay of ,2005, by and between SCS-RANCH, LLC (hereinafter referred to as "Grantor") and the BOARD OF COUNTY COMMISSIONERS OF PiTKIN COUNTY, COLORADO, as the governing body of Pitkin County, Colorado (hereinafter referred to as "Grantee"). RECITALS: A. Grantor is the owner of two contiguous parcels of land in Pitkin County, Colorado, known and referred to herein as "Aspen Valley Ranch" and the "Werk Cook Parcel." ~Aspen Valley Ranch is described on the Subdivision Exemption Plat recorded in Plat Book !~ at Page $ ] ~ __ (Reception No.~5' 16-1'/~of the Pitkin County records (the "Exemption Plat"). The Werk Cook Parcel is more particularly described on Exhibit A. B. Grantor desires to establish a Public Trail Easement within and across Aspen Valley Ranch and the Werk Cook Parcel subject to certain restrictions and obligations as set forth herein. C. Grantee desires to accept the Public Trail Easement described herein, subject to the restrictions, and to assume certain responsibilities in connection therewith. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Trail Easement. Grantor hereby grants, transfers and conveys unto Grantee for the use and benefit of the general public, by quit claim only and without warranties of title, a non-exclusive easement and right of way (the "Public Trail Easement") over and upon Aspen Valley Road and Dry Woody Creek Road as depicted and described on the Exemption Plat, which lies between the Denver and Rio Grande Trail and River road; and the ten-foot-wide easement area within and upon the Werk Cook Parcel as described on Exhibit B, subject to the restriction and obligations set forth herein. 2. Trail Use Restrictions. Use of the Public Trail Easement by the public shall be limited to hiking daily, between sunrise and one hour before sunset and between April 1 and November 30 of each year. The Public Trail Easement wiI1 be closed to public use during the winter months, from December 1 of each year to March 31 of the following year. Except for the owners of the lots described on the Exemption Plat and the Werk Cook Parcel and the families, invitees and guests of such owners, no horses, dogs, motorized vehicles, firearms or commercial uses shall be allowed within the Public Trail Easement, and users of the Public Trail Easement shall not be allowed to carry firearms. Grantee shall have no obligation fbr the enforcement of the foregoing restrictions, nor any other provisions of this Trail Easement, against users of the Public Trail Easement or other third parties. Paoe: 1 of 6 10/14/2005 02:36~ SILVIA DAVIS PITKIN COUNTY CO R 31.00 D 0.00 3. Construction and Maintenance. The Public Trail Easement within Aspen Valley Ranch follows the alignment of existing roadways. Grantor shall not, by the terms of this Trail Easement, be required to improve, realign or upgrade any portion of the roadways as they exist on the date hereof. Grantor shall be obligated to maintain the roadways in a condition that will allow reasonable pedestrian access pursuant to the terms of this Trail Easement. Grantee shall have no responsibility, nor any authority, for the maintenance, repair, replacement or upgrade of said roadways. Nothing herein shall, however, preclude Grantor from undertaking and performing such maintenance, repair, replacement or upgrade to the roadways, including paving, as Grantor, or its successors and assigns, determine is necessary or desirable, so long as such work does not unreasonably restrict the public's use of the roadways intended by this Trail Easement. Grantor shall construct a new trail along the alignment described on Exhibit B within the Werk Cook Parcel. Grantor shall thereafter be responsible for the reasonable maintenance and repair of said trail. Grantor may assign such responsibility to a homeowners' association representing the owners of Homesteads within Aspen Valley Ranch, whereupon Grantor's responsibility for maintenance and repair shall terminate. The Public Trail Easement may be closed temporarily during construction activities or in the event of circumstances which could endanger users of the Public Trail Easement. 4. Grantee's Obligation to Insure. The parties acknowledge that the Grantor is entitled to the benefits, protections and limitations on liability afforded by Colorado law, including C.R.S. Sections 33-41-101 through 105. Grantee agrees to add Grantor (and its successors and assigns in the ownership of Aspen Valley Ranch and the Werk Cook Parcel, or any of them or any part thereof) as additional named insureds on its comprehensive general liability insurance policy, which insurance shall be maintained by the Grantee to provide protection against liability from claims arising out of the use of the Public Trail Easement. Such insurance shall be carried in amounts not less than the liability limits specified in C.R.S. Section 24-10-114(1), as it may be amended from time to time, and shall provide Grantor and its successors and assigns with thirty (30) days advance written notice prior to cancellation or termination. Grantee shall, upon written request therefor from Grantor or any successor or assign, provide a Certificate of Insurance as verification of compliance with these requirements. 5. Attorneys' Fees. In the event the interpretation or enforcement of this Public Trail Easement should ever become the subject of litigation between Grantor, or its successors and assigns in the ownership of Aspen Valley Ranch and the Werk Cook Parcel, or any part thereof, and Grantee, the substantially prevailing party shall be entitled to an award of its reasonable costs and attorneys' fees incurred in connection therewith. 6. Binding Effect/Amendment. This Public Trail Easement shall be binding upon and inure to the benefit of the parties hereto and the heirs, personal representatives, successors and assigns of Grantor, including all future owners of Aspen Valley Ranch and the Werk Cook Parcel, or any of them. The Public Trail Easement shall not be assignable by Grantee. The benefits and burdens hereof shall also run with the title to Aspen Valley Ranch and the Werk Cook Parcel. This Page: 2 o{' 6 10/14/2005 02:36~ $ILVIA DAVIS PITKIN COUNTY CO R 31.00 D 0.00 PublicTrail Easement may only be amended by a writing signed by Grantee and by the then record owners of Aspen Valley Ranch and the Werk Cook Parcel. SGS-RANCH, LLC BY: S~./~ ~ANAGER By:/~~"--- David J. Myler, Attorney-in- Fact for Seymour Svirsky Date: L BOARD OF COUNTY COMMISSIONERS OF PITK1N COUNTY By: ~ x__.a~ .~---,.~ ~ Date: STATE OF St) t-O~O ) ) SS. COUNTY OF [-' .~t(,C~:.:~ ) The foregoing Trail Easement was acknowledged before me this [Z~/~ day of 6)~1t-O lo e.ar` ,2005, by David J. Myler, as Attorney-in-Fact for Seymour Svirsky, Manager of SGS-RANCH, LLC, a Colorado limited liability company. WITNESS my hand and official seal. commis '~¢. - My ";"".,LO_ ~.~ 7 ~ ~i~: ~ i.?~ Notary Public Page: 3 of 6 10/14/2005 02:36I $ILVIA DAVIS PlTKIN COUNTY 60 R 31.00 D 0.00 STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) /~lthe, foregoing Tra. jJ~ement was aclm*wledged before me this ~ day of ~, 2005, by /.,~9,1~lt0~'dt~4 ,/~",,4,~ on behalf of the Board of County Commissioners of Pitkin County, Colorado. WITNESS my hand and official seal. My commission expires: G:\Client\SGS-AVR\Trail Easement 101305.wpd Page: 4 of 6 10/14/2005 02:36~ $ILVIA DRVI$ PlTKIN COUNTY CO R 31.00 B 0.00 4 EXH1BIT'A LEGAL DESCKIPTION A tract of land situated in Lot 1, Section 4, and Lot 1, Section 5, Township 9 South, Range 85 West of the 6th P.M., more fully described as follows: Beginning at a point on the West line of Said Lot 1, Section 5 whence the Northwest comer of said Lot 1, Section 5 beare N 00'06'08" W 628.22 feet; thence N 00'06'08" W 628.22 feet to the Northwest comer of said Lot 1, Section 5; thence N 89'59'59" E 992.08 feet along the North line of said Lot 1, Section 5 and Lot 1, Section 4; thence S 00'00'00" W 823.12 feet to the center of Dry Woody Creek; thence S 45'11'00" W 23.22 feet along the center of Dry Woody Creek; thence S 52'12'00" W 195.35 feet along the center of Dry Woody Creek; thence S 79'41'00" W 263.55 feet along the center of Dry Woody Creek; thence N 56'00'00" W 676.38 feet to the point of beginning. BEING HISTORICALLY DESCRIBED AS FOLLOWS: A tract of land situated in Lot 1, Section 4, and Lot 1', Section 5, Township 9 South, Range 85 West of the 6th P.M., more fully described as follows: Beginning at a point on the West line of Said Lot 1, Section 5 whence the witness comer to the Southeast comer of said Section 5 beare S 04'33' E 2572.12 feet; thence N 626.37 feet to the Northwest comer of said Lot 1; thence East 989.82 feet along the North line of said Lot 1, Section 5 and Lot 1, Section 4; thence South 823.52 feet to the center of Dry Woody Creek; thence S 45'11' W 23.22 feet along the center of Dry Woody Creek; thence 79'41' W 263.65 feet along the center of Dry Woody Creek; . thence N 58' W 674.97 feet to the West line of said Lot 1, Section 5, the point of beginning. Page: 5 o~' 6 10/14/2005 0Z:36t SILVIA DAVIS PITKIN COUNTY CO R 31.00 D 0.00 EXHIBIT B October13,2005 Job# 2005-341.001 Aspen Valley Ranch 30' Access, Public Trail & Utility Easement A strip of land situate in Section 4, Township 8 South, Range 85 West of the 6th P.M., Pitkin County, Colorado, being described by centerline as follows: Said strip of land being thirty (30') feet in width, extending fifteen feet (15') each side of the following described centerline, in such a manner that the exterior boundary lines of said strip shall be lengthened or shortened as necessary to form a continuous strip exactly thirty feet (30') in width. Beginning at a point along the Northerly boundary of the county right of way for Upper River Road with all bearings being relative to N00°00'24"E between the East 1/4 Corner and the Northeast Closing Corner of said Section 4, whence a found USGLO Brass Cap Witness Corner for the Southwest Corner of said Section 4 bears S88°40'05"E a distance of 3335.13 feet, also known as Aspen Valley Ranch Road; thence along the center line of said Aspen Valley Ranch Road the following fourteen (14) courses: N46°52'05"E a distance of 164.88 feet; thence N53°06'53"E a distance of 60,48 feet; thence N65°46'40"E a distance of 53.16 feet; thence N69°36'40"E a distance of 81.81 feet; thence N72°44'06"E a distance of 145.24 feet; thence N64°29'10"E a distance of 98.11 feet; thence N57°58'32"E a distance of 435.53 feet; thence N45°24'46"E a distance of 202.86 feet; thence N59°48'23"E a distance of 57.38 feet; thence N70°28'58"E a distance of 257.47 feet; thence N65°07'52"E a distance of 213,94 feet; thence N85°36'23"E a distance of 405.65 feet; thence N89°13'18"E a distance of 511.33 feet; thence N82°22'04"W a distance of 58.22 feet to a point where Dry Woody Creek Road intersects Aspen Valley Ranch Road, whence the said Witness Corner for the Southwest Corner of said Section 4 bears S40°51'24"E a distance of 1283.44 feet; thence along the centerline of said Dry Woody Creek Road the following Twenty-one (21) courses: N59°01'29"E a distance of 93.11 feet; thence N3934'37"E a distance of 67.38 feet; thence N26°23'36"E a distance of 64.70 feet; thence N18°20'43"E a distance of 196,98 feet; thence N19°20'49"E a distance of 44,80 feet; thence N33027'07"E a distance of 37.67 feet; thence N39041 '20"E a distance of 160.71 feet; thence N39°17'54E a distance of 63,51 feet; N64°21 '24"E a distance of 61.56 feet; thence N71°59'41"E a distance of 67.91 feet; thence N64037'27"E a distance of 43.24 feet; thence N57°00'25"E a distance of 82.19 feet; thence N50°24'35"E a distance of 169.24 feet; thence N34°45'23"E a distance of 101.96 feet; thence N27°11'46"E a distance of 121.65 feet; thence N29°39'19"E a distance of 160.40 feet; thence N18°35'55"E a distance of 59.86 feet; thence N08°37'02"E a distance of 43,11 feet; thence N12°55'51"E a distance of 38.99 feet; thence N10°51'57"E a distance of 34,73 feet; thence 34,73 feet; thence N16°07'09"E a distance of 41.60 feet to a point along the Southerly boundary of a Parcel of land described in Book 26 at Page 50; thence along a trail as it exists the following ten (10) courses: N15°17'28"W a distance of 46,47 feet; thence N02°33'59"E a distance of 138.24 feet; thence N09°17'52"E a distance of 69.90 feet; thence N17°05'34"E a distance of 55,88 feet; thence N14°01'53"E a distance of 115.43 feet; thence N02°18'39"W a distance of 83.85 feet; thence N 14°58'32"W a distance of 38.78 feet; thence N00°27'24"W a distance of 21.33 feet; thence N10013'17"E a distance of 19.99 feet; thence N04°41'59"E a distance of 60,00 feet; thence continuing along said trail as it exists approximately 232 feet to the Northerly boundary of said Parcel described in Book 26 at Page 50, also being the point of terminus. Q:2005/341.001/TrailEsmt.doc Page: 6 of' 6 10/14/2005 O2:36i BILVIA DAVIS PITKIN COUNTY CO R 31.OO D 0.00