HomeMy WebLinkAboutresolution.council.121-01
RESOLUTION NO. l1-l
Series of 2001
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING AN
AMENDMENT TO A PRE-ANNEXATION AGREEMENT WITH BAR\X RANCH, LLC,
AND AUTHORIZING THE MAYOR AND THE CITY MANAGER TO EXECUTE SAID
DOCUMENT ON BEHALF OF TIlE CITY OF ASPEN.
WHEREAS, there has been submitted to the City Council an Amendment to the Pre-
Annexation Agreement between the City of Aspen and the Bar\X Ranch, LLC, a copy of which
agreement is annexed hereto and made a part hereof; and
WHEREAS, the City Council believes that it is in the best interests of the City that the
development plan described in said pre-annexation be pursued at this time.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, that the City Manager and the Mayor are hereby authorized to
execute said amendment to the pre-annexation agreement and all related documents on behalf of
the City of Aspen.
Dated:
, 2001.
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FIRST AMENDMENT TO PRE-ANNEXATION AGREEMENT
BAR/X RANCH
THIS FIRST AMENDMENT ("Amendment") to the PRE-ANNEXATION
AGREEMENT ("Agreement") is entered into and made on DecemberK, 2001, by and
between the City of Aspen, a Colorado home rule municipal corporation, whose address is 130
South Galena Street, Aspen, Colorado 81611, hereinafter referred to as the "City"; and Bar\X
Ranch LLC, a Colorado limited liability company, whose address is c/o Herbert S. Klein, Esq.,
201 N. Mill St. #203, Aspen, CO. 81611, hereinafter referred to as "Landowner". This
Amendment shall become effective following approval by the City Council of the City of Aspen
evidenced by a duly approved resolution and by the execution of this Amendment by either the
City Manager, Mayor, or Mayor Pro- Tem and execution by the Landowner.
RECITALS AND REPRESENTATIONS
WHEREAS, City and Landowner have previously "entered into a Pre-Annexation
Agreement for the Landowner's property known as the Bar/X Ranch which contained, among
other things, provisions for the joint processing of a development application for both the Free
Market Component and the Affordable Housing Component; and
WHEREAS, the joint planning for both components has reached a stage where their
Conceptual Plan submissions to City Council have occurred, however, it is anticipated that the
Final Development Plan submission for the Affordable Housing Component will take longer to
complete while the Final Development Plan submission for the Free Market Component is
expected to take significantly less time to complete; and
WHEREAS, City has halted processing of the Conceptual Submission of the Affordable
Housing Component pending an analysis of the City's affordable housing program, a master plan
for said program and financial information concerning the program; and
WHEREAS, as a consequence of the analysis referred to in the preceding paragraph,
the parties do not expect to complete the requisite land use approvals within the time
contemplated; and
WHEREAS, the Pre-Annexation Agreement provides at paragraph I C that if the final
approvals for the Free Market Component and the Affordable Housing Component are not
obtained by December 31, 2001, the Pre-Annexation Agreement is null and void; and
WHEREAS, City and Landowner desire to amend the Preannexation Agreement to
provide for the processing of the Final Development Plan for the Free Market Component
separate from the Affordable Housing Component; and
WHEREAS, the parties desire to amend certain other provisions of the Preannexation
Agreement as more fully set forth hereinafter.
NOW THEREFORE, for good and valuable consideration including the mutual covenants and
prornises contained herein, the sufficiency of said consideration being hereby acknowledged, the
parties agree as follows:
1. PROCESSING OF DEVELOPMENT APPLICATIONS. Paragraph 1H on pages 11-12 of the
Agreement is hereby amended by the addition of the following subparagraphs after subparagraph
b. of Paragraph 1H:
b.1. Notwithstanding the foregoing, Landowner shall have the right to process its
development applications (including all related annexation, rezoning and land use
applications) for the Free Market Component, separately from and before the City
processes its development applications for the Affordable Housing Component.
Provided Landowner satisfies its obligations under the Agreement and this
Amendment, City shall promptly complete the land use approval, annexation and
rezoning processes and execute and record all approvals and related documents
therefor for the Free Market Component in accordance with the Agreement and
this Amendment and City shall construct roads and utilities as required by the
Agreement, regardless of whether or not the City has completed its development
processes for the Affordable Housing Component. Notwithstanding the separate
processing of the Free Market Component from the Affordable Housing
Component, Landowner remains interested and affected by the development plan
for the Affordable Housing Component. Therefore, Landowner shall be given
notice of all meetings, public hearings and work sessions concerning the
development plan for the Affordable Housing Component and an opportunity to
provide comment on such development plan.
b.2. City agrees that it shall schedule and process any necessary hearings,
meetings or work sessions to consider and take formal action upon Landowner's
applications for all land use approvals necessary to achieve annexation, rezoning
and Final Plat approval for the Free Market Component, in a timely and diligent
manner. City agrees to schedule a work session during the month of January 2002
and shall thereafter continue to process said application in a prompt manner with
a priority for its placement on City council agendas. Landowner agrees to prepare
and submit for processing such application in a timely and diligent manner.
2. TIMING OF CONVEYANCE OF THE 20 ACRE PARCEL. The second sentence of
paragraph 1A on page 2 of the Agreement is hereby deleted and replaced with the following:
A parcel from the -IX Ranch consisting of approximately 20 acres ("20 Acre
Parcel"), the exact size and location to be determined during final planning and
design, but substantially in the location as shown on Exhibit B, shall be conveyed
by warranty deed by Landowner to City following the recording of a subdivision
plat for the Free Market Component consistent with the Development Plan as it
pertains to the Free Market Component and upon expiration of the Appeal Period
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as defined at Paragraph 20 of the Agreement.
3. DEVELOPMENT RIGHTS. The last sentence of paragraph lC (on page 3) of the Agreement
is hereby deleted and replaced with the following:
In the event that by May 1,2003, or such later date as may be mutually agreed
upon by the parties hereto, the Aspen City Council does not approve all requisite
land use applications for the final plat and related approvals for the Free Market
Component with terms and conditions consistent with this agreement and other
conditions reasonably acceptable to Landowner, this Pre-annexation Agreement
shall terminate.
4. MEANING OF THE TERM "DEVELOPMENT PLAN" IF FREE MARKET COMPONENT
IS APPROVED PRIOR TO AFFORDABLE HOUSING COMPONENT. Notwithstanding the
provisions of paragraphs 2 e, f and g on pages 14-15 of the Agreement and paragraph 19 on page
19 of the Agreement, in the event Landowner has obtained Final Plat approval for the Free
Market Component prior to the time City has obtained Final Plat Approval for the Affordable
Housing Component, then, the references in paragraphs 2 e, f and g and paragraph 19 of the
Agreement which refer to the Development Plan shall mean the Free Market Component of the
Development Plan.
5. LANDOWNER'S REMEDIES. Paragraph 5 on pages 16-17 of the Agreement is amended by
the addition of the following language at the end of subparagraph b as follows:
"In the event the breach by City is its failure to extend utility service and
facilities to the Free Market Component as and when required by this Agreement
or the Water Service Agreement, Landowner's remedies shall include the right to
obtain a Court order requiring that City convey to Landowner, easements over,
under and across City's property and/or along its existing utility facilities where
such easements are necessary for Landowner to construct and maintain the
utilities that City failed to provide. Landowner shall have the right to construct
such utility facilities reasonably necessary to serve the Free Market Component in
the event City does not fulfill its obligations under the Agreement or this
Amendment. The foregoing remedy is in addition to all other remedies
Landowner may have at law or equity, including the right to damages and the
remedies provided for in the Agreement."
6. CONSERVATION EASEMENTS. Paragraph 1 E on pages 10-11 of the Agreement is hereby
deleted and replaced with the following provisions.
E. 1 The City may develop the area depicted as the Back Bowl of Deer Hill on
Exhibit B (the "Back Bowl"). In the event City determines it is appropriate to
develop the Back Bowl, its development shall be subject to the following
conditions: 1) There shall be no more than the lesser of eighty (80) dwelling units
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or 100,000 square feet (gross) of affordable housing constructed in the Back
Bowl; 2) The height of structures in the Back Bowl shall not exceed twenty-five
(25) feet, measured as provided in the City Land Use Code as it is in effect at the
time of execution of this Amendment; 3) Landscaping and/or land forms shall
screen the light sources and roadways in the Back Bowl so that sight lines from
15 feet above existing grade on the building envelopes designated for the Free
Market Component are screened by berms from all light sources emanating from
roads, parking areas, external light fixtures and windows within the Back Bowl;
4) Landowner shall be notified of City's determination to develop the Back Bowl
within thirty days of City's decision to do so and shall have the right to review
and approve all plans' related to such development, which approval shall not be
unreasonably withheld, provided such development meets the criteria set forth
herein; and 5) prior to any development of the Back Bowl, City shall first attempt
in good faith to negotiate, without limitation, a land trade, sale, purchase or other
mechanism which would result in the preservation of the Back Bowl from
development and in lieu thereof, acquire rights to place development of affordable
housing on the adjacent property owned by the Aspen Valley Land Trust, d/b/a
Park Trust Ltd. If such a land trade, sale, purchase or other mechanism is
achieved and the development of affordable housing is permitted on the Aspen
Valley Land Trust, d/b/a Park Trust Ltd. property, then the Back Bowl shall be
made subject to a conservation easement dedicating its use to open space in
perpetuity. Said conservation easement shall be to the benefit of the City, the
Aspen Valley Land Trust or other similar organization. In the event the City is
not able to obtain rights to develop the property owned by the Aspen Valley Land
Trust, d/b/a Park Trust Ltd., then the development of the Affordable Housing
Component shall include the construction of recreational trails within the Back
Bowl area in order to provide a recreational/open space amenity for the residents
of the Affordable Housing Component.
E. 2 City shall place conservation easements to the benefit of the City and the
Aspen Valley Land Trust or other similar organization that prohibit further
residential development on all of the Burlingame Ranch east of State Highway 82,
except for the Back Bowl (unless as provided for in paragraph 1E.1 above), the
Development Parcel, Parcel B (the MAA housing project), Parcels C and D (US
West and Ventnor Avenue Housing projects) and a 150 foot wide strip or to the
toe of the slope (whichever is wider) of the Burlingame Ranch which adjoins
highway 82. The conservation easement shall protect open space values and its
terms shall be determined during the land use approval process for the Affordable
Housing Component. Exhibit B to the Agreement is hereby amended by the
exclusion of the Back Bowl from the "New Conservation Area" shown thereon.
6. CONSERVATION EASEMENTS - ADDITIONAL BENEFICIARY. The consent of the
owner of the Fathering Parcel shall be required for any amendment to the conservation
easements placed on the Burlingame Ranch by the City as contemplated by paragraph 1 E.2
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above in this Amendment, which changes the allowed use of the areas as permitted in the
conservation easements. Likewise, City's consent shall be required for any amendment to the
conservation easements placed on the Free Market Component by Landowner as contemplated
by paragraph 1 H.c (on page 12) of the Agreement, which changes the allowed use of the areas
as permitted in the conservation easements. Landowner and City, respectively, shall be named
as a beneficiary of each other's conservation easements in order to exercise such rights.
7. LEASE OF 20 ACRE PARCEL. Subsequent to the conveyance to City of the 20 Acre Parcel
and prior to commencemen,t of development activities on it for the Affordable Housing
Component, Landowner shall have the right to lease the 20 Acre Parcel from the City for
agricultural purposes. The rental amount shall be at prevailing rates for grazing and crop
production land. Any such lease shall terminate at such time as City commences development of
the Affordable Housing Component on the 20 Acre Parcel. During the term of such lease
Landowner shall be entitled to use the water rights appurtenant to the 20 Acre Parcel to maintain
its historic irrigation.
8. ANNEXATION OF ADDITIONAL LAND. Landowner has identified two tracts of land,
designated as Tract A and Tract B on the legal descriptions attached hereto as Exhibits 1 and 2
respectively, that are not presently in the record title of Landowner, but which tracts Landowner
believes it has acquired rights to through adverse possession. At such time as Landowner obtains
record title to any or all of such tracts or portions thereof, Landowner and City agree that: 1)
such property may be annexed to the City upon terms and conditions mutually acceptable to City
and Landowner; and 2) whether or not such tract(s) are annexed, Landowner agrees to convey to
City a perpetual non-exclusive access easement across Tract A for roadway purposes to serve the
Affordable Housing Component. The easement shall be 40 feet in width and along an alignment
to be mutually agreed upon between Landowner and City with the intent that such roadway shall
provide access between two topographic benches within the 20 Acre Parcel.
8.1 Notwithstanding the foregoing, if City obtains rights to develop the property
presently owned by the Aspen Valley Land Trust, d/b/a Park Trust Ltd. adjacent to the 20 Acre
Parcel, then, if Landowner has obtained record ownership of Tract A, Landowner agrees to
convey Tract A to the City for its use in the development of affordable housing in accordance
with the requirements of the Agreement and this Amendment and said tract shall be included
within the development plan for the Affordable Housing Component and subject to its
limitations and requirements. In such event,upon the conveyance of Tract A to the City, City
shall reconvey to Landowner one and one-half acres (the "1.5 acre Parcel") from the 20 Acre
Parcel. The 1.5 Acre Parcel shall be configured by locating its southerly boundary along the
southerly boundary of the 20 Acre Parcel and extending in a northerly direction parallel to said
southerly line a sufficient distance so that it is 1.5 acres in size. The 1.5 Acre Parcel boundary on
the west shall be adjusted to avoid any interference with any access road that may be located on
the south-westerly edge of the 20 Acre Parcel.
8.2 The parties agree that until title to either of such tracts is clarified, they are not be
deemed a part of the Property Proposed to be Annexed as referred to in the Agreement and that
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Landowner shall have no obligation to pursue efforts to acquire record title to such parcels;
provided however, if Landowner has not obtained record title to Tract A by the time final plat,
annexation and rezoning of the Free Market Component are completed and recorded in the
public records, Landowner shall convey all of its interest in Tract A to City by Bargain and Sale
Deed and shall obtain the reconveyance of the 1.5 Acre Parcel as described in paragraph 8.1
above upon the sooner to occur of: 1) City obtaining record ownership of Tract A, either through
a conveyance of or disclaimer of the rights of the record owner thereto or a decree or settlement
in any quiet title suit that City may pursue; or 2) City making use of Tract A for purposes other
than the roadway easement referred to in paragraph 8 above.
8.3 The City acknowledges that Landowner has instituted litigation to obtain title to Tract A and
may settle such litigation in a manner that places restrictions on the use of Tract A prohibiting
certain uses thereon. City agrees that any conveyance by Landowner of Tract A to City may be
subject to such restrictions.
8.4 Landowner has not commenced any litigation concerning Tract B, which, upon information
and belief is held in record ownership by Pitkin County. Nothing herein shall impose any
obligation on Landowner to undertake efforts to obtain title to Tract B nor is Tract B intended to
be included in the development plan for the Affordable Housing Component.
9. ADJUSTMENT TO MAXIMUM NUMBER OF AFFORDABLE HOUSING UNITS. The
City and Landowner agree that, subject to paragraph 9.1 below, the maximum number of
Affordable Housing dwelling units that may be constructed within the Affordable Housing
Component shall. be increased from 225 units to 330 units. Therefore, the provisions of
paragraph 1 C. 12 (on page 8) of the Agreement and paragraph 1 D (on page 10) of the
Agreement which refer to the 225 units of affordable housing intended to be constructed as the
Affordable Housing Component are hereby changed to 330 units. The parties further agree that
the provisions of paragraph 5 of the Water Service Agreement (Exhibit F to the Agreement) are
hereby amended to change the number 225 which appears therein to the number 330.
9.1 Notwithstanding the foregoing, if City does not obtain rights to develop the property
presently owned by the Aspen Valley Land Trust, d/b/a Park Trust Ltd. adjacent to the 20 Acre
Parcel, then the maximum number of affordable housing units and bedrooms that may be
developed on the 20 Acre Parcel and the "4.5 Acres Tract From Burlingame Ranch East" as
shown on Exhibit B to the Agreement, shall be limited to the lesser of 330 dwelling units or 700
bedrooms.
10. ROAD ALIGNMENTS.
A. The City and Landowner agree that notwithstanding the access road shown on
Exhibit B to the Agreement, said Exhibit B is not intended to specify the location of internal
roads within the 20. Acre parcel necessary to serve the Affordable Housing Component nor to
limit City's ability to extend the roads through the 20 Acre Parcel to serve lands adjacent thereto
presently owned by Aspen Valley Land Trust, d/b/a Park Trust Ltd.
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B. The paragraph 1 H.f(on page14) of the Agreement is hereby deleted and replaced by
the following paragraph:
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f. Access and Utility Easements. The access to the
Affordable Housing Component of the Development Plan shall be
either across Landowners property as shoWn on Exhibit B or
through a different road alignment westerly of the Soldner
property, as shall be determined through the land use review
process for the Affordable Housing Component. If the alignment is
determined through said process to be as shown on Exhibit B,
Landowner shall convey the access road right-of-way easement
shown on Exhibit B and an underground utility easement to the
City. The right-of-way easement shall be a maximum of sixty (60)
feet wide which shall accommodate a road, parallel trail, and a
berm with a height of five feet above the adjacent finished grade of
the road. along the boundary of the Free Market Component, or
some other landscape solution mutually acceptable to City and
Landowner that is designed through natural landscape design that
considers protection of the adjacent agricultural use from traffic
impacts. The parties shall endeavor on a best efforts basis during
the land use review process to minimize the width of the right-of-
way to accommodate the uses proposed in the previous sentence.
The final design of the access road and its related components and
landscaping shall be developed through the land use approval
process. The road shall be built in accordance with any
requirements imposed by the Fire Marshal. The easement shall also
entitle City to use it to serve property adjacent to the 20 Acre
Parcel presently owned by Aspen Valley Land Trust, d/b/a Park
Trust Ltd. and a connection from Stage Road to the Aspen Airport
Business Center. Notwithstanding the foregoing, City shall have
the right to establish an access route to serve the Affordable
Housing Component that is along an alignment extending to the
Aspen Airport Business Center. If such route is selected and if City
determines that it shall be the sole access route to serve the
Affordable Housing Component, then neither of the above
described access roads shall be used and Landowner shall not be
obligated to provide the access easement described above, or if
such easement has been granted to the City by the time of a
determination to have the only access through the Aspen Airport
Business Center, then in such event, City shall vacate and release
the easement given by Landowner.
11. REIMBURSEMENT SCHEDULE. Notwithstanding the provisions of Paragraph 1 H. e.' on
page 13 of the Agreement, the City and Landowner agree that unless sooner paid according to
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the terms of said paragraph 1 H. e., Landowner shall reimburse City for its share of the costs of
the particular utilities provided and the costs of the utilities to be shared with the Affordable
Housing Component and the Free Market Component as described in said paragraph, not later
than the fifth anniversary of the completion and activation of said utilities, subject to any
subsequent adjustments as provided in said paragraph.
12. SPECIALLY PLANNED AREA ("SPA") USES. The provisions of paragraph 1 B. on page
3 of the Agreement are hereby amended by the deletion of the third sentence thereof and its
replacement with the following sentence:
"The detailed description of such uses and any restrictions or conditions
concerning them shall be determined in the SPA land use review process and any
subsequent amendments thereto, in the sole discretion of the City."
13. GREEN CONSTRUCTION. The construction of residences within the Free Market
Component shall comply with or exceed the provisions of any ordinances adopted by City
requiring environmentally appropriate construction (also known as "green" construction)
techniques, materials and design, that are generally applicable throughout the City to all
residential construction, as the same may exist from time to time.
14. CAPITALIZED TERMS. Except as otherwise modified hereby, capitalized terms used
herein shall have the same meaning given them in the Agreement.
15. PRIORITY OF DOCUMENTS. In the event of any inconsistency between the provisions of
this Amendment and the provisions of the Agreement, the provisions of this Amendment shall be
given paramount effect. Except as specifically amended by this Amendment, the Agreement
shall remain unchanged and in full force and effect.
16. WAIVER. A waiver by any party to this Amendment of the breach of any term or provision
of this Amendment shall not operate or be construed as a waiver of any subsequent breach by
either party.
17. BINDING EFFECT. The parties hereto agree that this Amendment, by its terms, shall be
binding upon the successors, heirs, legal representatives, and assigns thereof and shall constitute
covenants running with the Property Proposed to be Annexed. In the event that all or part of the
Property Proposed to be Annexed is sold, transferred, or otherwise conveyed to additional or
multiple parties, all owners shall be jointly and severally responsible for all terms, conditions,
and obligations set forth in this Amendment.
18. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional
documents or take any additional action that is necessary to carry out this Amendment.
19. EXECUTION IN COUNTERPARTS. This Amendment may be executed in several
counterparts, each of which shall be deemed an original and all of which shall constitute but one
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and the same instrument.
CITY OF ASPEN, a municipal corporation
ATTEST:
APPROVED AS TO FORM:
.~e~
City A orney
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LANDOWNER
BarlX LLC, a Colorado Limited Liability Company
/~~ ~,~O
By: Gary FiDke1, Trustee of the Survivors Trust Under the Zoline Family 1982 Trust.
STATE OF c.C\.ht-ovV\I'~ )
ACknOWled8d before me
2001, by 0..7 t::rf\t-el
capacity as Trtis+-ee
The. <';UV-VlVOYS Tyvd- u"JI?r+ke. ?-o/,n;> p.,.,.,,fy Nfl2 Trvsf.
, ~~;h~
Notary
b.Q.~.e. W\.b~
COUNTY OF Lcs f)Y\J~ld
this )... 0 +lr\
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day of
in his~
My commission expires: ::J: I 17 "2...00
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STATE OF COLORADO )
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COUNTY OF PITKIN )
before me this 19%
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My commission expires:
JPW-12/18!200 I-G:\john\word\agr\zoline-preannex-amend-final.doc
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m EXHIBIT
i 1
TRACI' A
LOCAlED OVER A POIUION OF SECTION 2. TOWN$HIP 10 ~!!f;tI, fW,Ig!E ~ WE~ ()F Thle ~
PRINCIPAL MERIDIAN. COUNTY OF PmaN, STATE OF OOLORADO, BEING 1l'$CRlBED AS FOlLOWS:
BEGINNING at the Southeast Comer of lotS, said SeclIon 2;
~. aJong the South Une of said lotS, North 88015'48" WlI$l, 4S6.30 feet to lI!Iid South lfne's Iof.e!:l;eclic! wilb
the RortherIY conllnualion of \he llldatIng __ One 8$ refered to In deed recorded In Book 351, page 144 of lhttPllkin
County ReconIs;
~, aJong said fence Una hough the following ClllIIll8lc"
North 13"5Q'57" East. 114.50 feet; Norlh 12"44'56" East. 284.79 feet; and Norlh 12"34'48" East. 263.95feel
to the IDp of a slBep slope abow the Roaring Folk RIver;
~. IaavIng said ra.- Dna. along said IDp of slope hough the following COUIS8S:
Sol!lh 59"34'1)90 East. liQ.27 feet.to a point on a non-laogant. 1000.00 foot radius CIIMI CllIIC8V8 So\.dhWelIt.
a rad!al1lr!19tosaldpQll1t~ North 51"~0 ~ ~ aJq said uve.lh~a ~'8ngIa
of 10"16'53" alaiiOlh of 179.45 feet; Sl!ulh 01"11'0$" East. 50.03 faeI; South 21018'17" EaSt. 44.531ae1:
Sol!lh OS'31'1Q" Wom. ~.(KH~ $011#I10"32'00" East. 45.oG feel to the ~ of a fanQ\lI1l.40JiOfoot
~CIIMI~~ ~,~.~...~eIontSl!Jd.l!llf\It!,1hlough
a CllIIll'aI.angla of 1 ~~11~":!Ik1n9!h of 76.23 feat; South 25"20'41" East, 42.24 feat; South 35069'29" East,
43.07 feel; Sl!ulh 20"30'32" East. 50.20 feat; and South 27"41'19" East. 17.40 feat to saldlDp of slope'll
.1nlenleclIon with the East Una of sald lotS:
lhence, along said East Una. South 4"08'52" Wast, 135.85 feat to th8 POINT OF BEGINNING.
The hereinabove dascribad BarIX Ranch PaIC8I . contains 3.915 N:ras, IIIElIlI or lass.
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EXHIBIT
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TRACI' B
LOCATED oveR A PORTION OF SECTION 2. TOWNSIiIP 10 SOUTH. RANGE 85 WEST OF THE 6th
PRINCIPAL MERIDIAN. COUNTY OF PrOON. STATE OF COLbRADo, BEING DESCRIBED AS FOLLOWS:
BEGINNING at the Soulhw8st Comer of Lot 4. said SeclIon 2;
thence, aJong the West Une of said Lot 4, NOIlh 4"08'52" East, 135.85 feet 10 the top of 8 steep slope above the
Roaring Fm:k RIver;
thence, leaving said West line, aJong said lop of slope through the following c:owses:
~ 27"41''''"" ~ 1~~ ~ South 5Il"54'48" East, 59.52 r,et; Soultl38"17'52" East, 50.81 feet;S9ulI1:-57"~~ 41.3'O,f8ft 8I'Ilf South 18"26'35" East, 34.95 feet 10 said lop ofslope's ........Ihn,
willi the SbuthUne ofsa/c:l Lot 4;
thence, aJong aaId . One, NOIlh 88.15'48" West, 149.31 feet 10 the POINT OF BEGINNING.
. The he!elnabove d~ Bar/)( Ranch Parcel . conlafns 0.282 NJres, more or less.
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