HomeMy WebLinkAboutR24-092 Approving a Minor Type A Subdivision for Arcadian on Beaver Creek File No. SMA-009408-2023 Docusign Envelope ID:C0566BB1-4401-4027-A8DD-2F88E4C9496A Eagle County, CO 202414270
Regina O'Brien 11/19/2024
Pgs: 14 04:41:00 PM
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Commissioner McQueeney moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE,STATE OF COLORADO
RESOLUTION NO. 2024- 092
RESOLUTION APPROVING A MINOR TYPE A SUBDIVISION
FOR ARCADIAN ON BEAVER CREEK
EAGLE COUNTY FILE NO. SMA-009408-2023
•
WHEREAS,on or about December 19, 2023,the County of Eagle, State of Colorado, accepted
an application for a Minor Type A Subdivision(the"Application"or the"SMA") submitted by OI TAG
Beaver Creek, LLC (the"Applicant")to subdivide approximately 13.796 acres of unplatted land located
within the Beaver Creek Planned Unit Development(the"Beaver Creek PUD"); and
WHEREAS,the Application proposes approval of a Minor Type A Subdivision to subdivide and
plat Tract C and Tract S within the Beaver Creek PUD, also known as Assessor's Parcel#
2105-123-00-001, and legally described in Exhibit A(collectively,the"Property")into three (3)total lots;
and
WHEREAS,the Beaver Creek PUD was approved by the Eagle County Board of County
Commissioners(the"Board"or"BOCC") in 1978 and is governed by the Amended and Restated Guide
to the Beaver Creek Planned Unit Development(the"PUD Guide"), which was approved by the Board
on January 24, 2017 and recorded on March 6, 2017 at Reception Number 201703833 in the Office of the
Eagle County Clerk and Recorder; and
WHEREAS, Section XIII of the PUD Guide provides that subdivision of land within the Beaver
Creek PUD shall be in accordance with the current version of the Eagle County Land Use Regulations
(the"ECLUR"); and
WHEREAS,the Property is eligible for a Minor Type A Subdivision pursuant to ECLUR Section
5-290.B.1 - Type A Subdivision, as the Application proposes to create three(3)lots within property that
has not previously been platted; and
WHEREAS,the PUD Guide designates Tract C of the Property as Residential Medium Density
("RMD")and Tract S of the Property as Open Space Recreation-Greenbelt("OSR-Greenbelt"). The
uses, densities and standards of development of those designations are governed by Section IV of the
previously approved PUD Guide; and
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WHEREAS,the Application proposes to divide Tract C into two lots,Lot 1 and Lot 2, for the
purpose of development consistent with the PUD Guide. Proposed Lot 1 totals 2.163 acres and proposed
Lot 2 totals 0.230 acres(or 9,991 square feet). Tract S is and will remain 11.403 acres of OSR-
Greenbelt. Lot 1 and Lot 2 of Tract C and Tract S are depicted in Exhibit B; and
WHEREAS, Section III.0 of the PUD Guide provides for the Allocation of Dwelling Units and
Commercial Space between parcels as defined within the Dwelling Unit and Commercial Space Report
("Dwelling Unit Report"). The Updated January 11, 2024 Dwelling Unit Report, allocates 16 dwelling
units to Tract C and no Commercial Space square footage; and
WHEREAS,the Application is accompanied by,and was concurrently processed with, a separate
application for a Variance from Improvement Standards,File No. VIS-009469-2024 (the"Variance"); and
WHEREAS,pursuant to ECLUR Section 5-210.E.1 -Notice in Newspaper,notice considering
the subject matter of the Application and setting forth the date,time,and location for consideration of the
Application by the Board was published in the Eagle Valley Enterprise and Vail Daily newspapers on
August 1,2024. Per ECLUR Section 5-210.E.2 -Mailed Notice, adjacent property owner notification was
sent on August 2,2024. Per ECLUR Section 5-210.E.3 -Posted Notice, the Applicant posted notice on
the Property on or before July 28, 2024; and
WHEREAS,at its hearing on August 20, 2024, the Board continued consideration of the
Application to October 8, 2024; and
WHEREAS,pursuant to ECLUR Section 5-210.E.1 -Notice in Newspaper, notice considering
the subject matter of the Application and setting forth the date,time,and location for consideration of the
Application by the Board was published in the Eagle Valley Enterprise and Vail Daily newspapers on
September 19,2024. Per ECLUR Section 5-210.E.2 -Mailed Notice, adjacent property owner notification
was sent on September 20, 2024. Per ECLUR Section 5-210.E.3 -Posted Notice,the Applicant posted
notice on the Property on or before September 17,2024; and
WHEREAS,the Board conducted a site visit on October 8,2024, to view the Property and the
surrounding topography and adjacent parcels; and
WHEREAS,at its hearing on October 8, 2024,the Board considered the Application and
associated plans and the statements and concerns of the Applicant,the Eagle County Community
Development staff,members of the public,and other interested persons; and
WHEREAS,based on the evidence,testimony, exhibits, and study of the Comprehensive Plan
for the unincorporated areas of Eagle County, as well as comments of the Eagle County Community
Development Department, comments of public officials and agencies, comments from members of the
public,and comments from all interested parties,the Board finds as follows:
THAT,proper publication and public notice was provided as required by law for the hearing
before the Board.
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THAT,pursuant to ECLUR Section 5-290.G.1 -Standards for the review of a Minor Type A
Subdivision, all applicable standards have been met as required by the ECLUR as follows:
a. Consistent with Comprehensive Plan. The Application is in substantial conformance with
the purposes, intents, goals, and policies of the Eagle County Comprehensive Plan, and any
applicable ancillary County adopted documents pertaining to natural resource protection,
affordable housing, or infrastructure management. Specifically,the Application is consistent
with the 2005 Eagle County Comprehensive Plan with respect to Sections 3.2 - General
Development and 3.2.3 - Growth,because, as part of the original Beaver Creek PUD,the
Property has been thoroughly planned and extensively analyzed,and subdivision of the
Property allows for development consistent with the PUD Guide to occur. The Application is
consistent with Section 3.2.4-Development because the Property is located within the Beaver
Creek PUD,which has previously been extensively analyzed for potential impacts and
mitigation measures have previously been established and implemented relating to
infrastructure improvements,maintenance,and the payment of school land dedication fees.
The Application is consistent with Section 3.3 -Economic Resources because the Application
proposes development consistent with existing development within the Beaver Creek Resort,
which is identified as a world class resort with a well defined and fostered character. The
Application is consistent with Section 3.7 - Wildlife,because Tract S, through which Beaver
Creek flows,has been designated as OSR-Greenbelt in the PUD Guide and that designation
has been carried over to the SMA plat. Additionally, Colorado Parks and Wildlife identifies
the Property as fragmented and only potentially providing marginal, occasional habitat for
large and small mammals, a variety of avian species,and other wildlife, and the Applicant has
committed to implementing wildlife mitigation measures. The Application is consistent with
Section 3.8 -Sensitive Lands, with the addition of Condition#1 described below,because no
sensitive wildlife habitats have been identified on the Property, a 404 Wetlands Permit(NWP
29 SPA-2023-00556)has been approved by the USACE to disturb and mitigate 0.41 acres of
existing wetlands on Lot 1,and Condition#1 requires the Applicant to mitigate hazards by
implementing the recommendations contained in the Preliminary Subsoil Study prepared by
Kumar&Associates,Inc. which identifies the potential for sinkholes and areas of localized
subsidence hazards on the Property.
Additionally,the Application is consistent with the 2005 Eagle County Comprehensive Plan
Future Land Use Map as the Property has been identified as"Existing Approved
Development"and the proposal conforms to the previously approved PUD Guide. The
Property is not located within any defined boundaries of an area community plan.Affordable
housing mitigation was previously required for approval of existing residential density and
use within the Beaver Creek PUD and therefore the Eagle County Affordable Housing
Guidelines are not applicable to the Application as the Application does not propose the
development of previously unapproved residential density.
b. Consistent with Land Use Regulations. Pursuant to ECLUR 5-290.G.1.b, and with the
addition of Condition#2 and Condition#3 described below,the Application complies with
applicable zoning standards of the PUD Guide,ECLUR Article 3 -Zone Districts, and
ECLUR Article 4 -Site Development Standards. The Application complies with Section XIII
of the PUD Guide by subdividing the Property pursuant to the ECLUR. Furthermore,the
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Application proposes to subdivide and utilize Lot 1 and Lot 2 of Tract C in conformance with
the Dwelling Unit Report, which allocates 16 dwelling units to Tract C. The Application
includes conceptual development plans for Lot 1,which demonstrates that development of
Lot 1 will meet the requirements of the PUD Guide as Section IV.C.2 of the PUD Guide as
the RMD designation allows up to 12 dwelling units per acre that can be in the form of
townhomes, condominiums, single-family,and duplex structures. The Application establishes
that proposed development of Lot 1 can meet minimum setbacks,maximum heights,and
parking requirements of the PUD Guide.
ECLUR Section 3-340.C.6-Stream Setbacks and Water Resource Protection is not
applicable to Lot 1 and Lot 2 of Tract C created by the Application because the watercourse
passing through Lot 1 and Lot 2 of Tract C does not meet the County's definition of a stream.
ECLUR Article 2 -Definitions defines a stream as"a watercourse having a natural source and
terminus,banks and channel,through which waters flow at least periodically. Stream includes
creeks and other flowing waters that are tributary to a river. Man-made irrigation ditches are
excluded from this definition."Pursuant to analysis from Spronk Water Engineers, Inc. and
analysis provided by the Applicant,the watercourse passing through Lot 1 and Lot 2 of Tract
C is similar to an irrigation ditch in that it is a man-made watercourse carrying both natural
flows and irrigation runoff. The watercourse flows through man-made banks and channels.
As a result,the watercourse does not fall within the ECLUR's definition of a stream and the
watercourse does not require application of a stream setback. The Application has provided a
ditch easement for the watercourse as required by ECLUR Section 4-640.D. -Irrigation
Ditch Easements. Moreover, even if the watercourse did require a stream setback,the
standard would be met by the Application as any stream setback would be determined by the
PUD Guide rather than the ECLUR, and while a stream setback would restrict future
development of the Property, the existence of a stream setback does not foreclose subdivision
of the Property.
In addition,the Application complies with site development standards with the imposition of
Condition#2 and Condition#3 as: (1)necessary parking has been depicted on the conceptual
site plans; (2) landscaping and illumination requirements will be reviewed with any related
building permit; (3)the Applicant has committed to implementing environmental and wildlife
mitigation measures as stated in the Application; (4)the Application identifies engineering
designs which integrate building locations and foundation designs with retaining walls and
slope stabilization methods to limit cuts and fills to the minimum necessary to accommodate
the proposed density,which is less than the maximum density permitted under the PUD
Guide; (5)there are no notable natural landforms on the property besides the steep slopes; (6)
the vast majority of Tract S will be undisturbed; (7)commercial and industrial performance
standards are not applicable to this Application; (8)Condition#2 requires a variance to
improvement standards in order for the Application to conform to the road standards for
Minimum Structural Section, Shoulder Type, Right-of-Way Width, Shoulder Width,
Maximum Grade, Minimum Vertical Curve K Factor,Required Sight Distance,and Paths;
and(9)Condition#3 ensures that the Application will comply with the requirements for the
payment of School Land Dedication Cash-In-Lieu fees.
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c. Spatial Pattern Shall Be Efficient. The proposed subdivision is located and designed to
avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or
require duplication or premature extension of public facilities, or result in a leapfrog pattern
of development. The Application conforms with this standard because the overall spatial
patterns within the Beaver Creek PUD were established by the Boards's approval of the
Beaver Creek PUD in 1978 and subsequent approval of the PUD Guide and its amendments.
The development of individual parcels within the PUD have been required to meet the
requirements of the PUD Guide. In addition:
(1) Utility and Road Extensions. Existing and proposed utilities and roads are adequate
and sized appropriately to service the proposed and future anticipated development of the
Property. The Application includes confirmation from the Eagle River Water and
Sanitation District that the Property is within the Beaver Creek Metropolitan District,that
they have the ability to serve the Property and infrastructure is in place to serve the
proposal. In addition,utility providers, including Holy Cross Energy,Excel Energy,
Lumen,and Forethought,have not identified any concerns relating to ability to serve the
Property or adequacy of existing infrastructure needed to service the Property.
(2) Service Ultimate Population. Utility lines are currently sized to serve the planned
ultimate population of the service area in order to both avoid future land disruption, and
the necessity of upgrading undersized lines.
d. Suitability for Development. The Property proposed to be subdivided is suitable for
development considering its topography,environmental resources,and natural or man-made
hazards that may affect the potential development of the Property and existing and probable
future improvements to the area. Suitability for Development was originally analyzed through
approval of the PUD Guide,which authorizes development of Tract C. Only Lot 1 and Lot 2
of Tract C are proposed to be developed while Tract S, with its designation as
OSR-Greenbelt,has very limited development permitted and is limited to passive recreation
and utility infrastructure. With respect to topography,the Property is similar to many
properties within the Beaver Creek PUD as it contains slopes ranging from 30% -70%over
about 37%of its 2.163 acres. The Application's conceptual development plan illustrates how
Lot 1 and Lot 2 of Tract C can be developed for residential development within the PUD
Guide's RMD designation. With respect to Environmental Resources,the EIR describes the
Beaver Creek riparian corridor,which traverses the length of Tract S, as the primary wildlife
use/movement corridor and"a significant contribution to the local ecology."The Application
does not propose development of Tract S. Existing wetlands within Lot 1 will be removed
and mitigated per an approved 404 permit and the ditch,which passes through Lot 1 and Lot
2,will be developed into a landscape feature for the residences of Arcadian. With respect to
Natural Hazards,the Property is subject to steep slopes,the potential for sinkholes, and areas
of localized subsidence hazards identified in the Preliminary Subsoil Study by Kumar&
Associates,Inc. Condition#1 ensures these hazards will be addressed prior to development.
No man-made hazards have been identified on the Property. Future improvements for the
Property are authorized and governed by the PUD Guide.
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e. Compatible with Surrounding Uses. The Application is generally compatible with the
existing and currently permissible future uses of adjacent land and other substantially
impacted land, services,or infrastructure improvements. The Application does not propose to
change any uses applicable to the Property. Uses applicable to the Property are governed by
the PUD Guide for the Beaver Creek PUD. Uses governed by the PUD Guide were
thoroughly reviewed for compatibility during approval and subsequent amendment of the
PUD Guide. Lot 1 and Lot 2 of Tract C are similar in size to surrounding lots. Lot 1 and Lot 2
will be developed in conformity with the PUD Guide,which authorizes residential uses
consistent with other surrounding uses and Tract S remains OSR-Greenbelt,which will not
impact surrounding uses. Furthermore, Tract C is located between the higher density
commercial uses permitted on Tract N to the north,the lower density single-family uses along
Beaver Creek Drive to the south,the golf course maintenance facilities to the west, and the
passive recreational uses of Tract S to the east,which makes it suitable for transitional
residential land use as established in the PUD Guide. The Application is also compatible in
that adequate services and infrastructure support development of the Property in conformance
with uses authorized by the PUD Guide.
f. Improvements Agreements. The proposed Subdivision Improvements Agreement includes
improvements to roads, storm drainage systems, and utilities. The Agreement has been
reviewed and approved by County staff and the Applicant. The final agreement will be
reviewed and approved by the Board.
g. Conformance with Final Plat Requirements. The submitted final plat conforms with the
Final Plat requirements and other applicable regulations,policies, standards, and guidelines.
NOW, THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the
County of Eagle, State of Colorado:
THAT the Application is approved,with the following conditions:
1. Prior to the issuance of a grading or building permit, the Applicant shall demonstrate that
the recommendations contained in the Preliminary Subsoil Study,Proposed Residential
Development Lot 1,Arcadian on Beaver Creek Subdivision by Kumar&Associates,
Inc.,December 27,2022,Revised February 5, 2024 have been implemented for any
development on proposed Lot 1.
2. The Applicant shall obtain approval of the Variance from Improvement Standards
application,File no. VIS-9469-2024,prior to the approval or approval with conditions of
this SMA Application in order to establish compliance with Section 5-290.G.1.b:
Consistent with Land Use Regulations.
3. Pursuant to ECLUR 4-700.E. at the time of building permit issuance the Applicant shall
pay the required School Land Dedication Cash-In-Lieu fee of$167,290.26 to Eagle
County.
4. Except as otherwise modified by this development permit, all material representations
made by the Applicant in this application and in public meetings shall be adhered to and
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considered conditions of approval.
THAT,the Board directs the Planning Division to provide a copy of this Resolution to the
Applicant.
THAT, the Board hereby finds,determines and declares that this Resolution is necessary for the
health, safety and welfare of the citizens of Eagle County.
[Remainder of page left intentionally blank]
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MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of
Eagle, State of Colorado, at its regular meeting held the 19th day of November, 2024,nunc pro tunc to the
8th day of October,2024.
Signed by:
� ��"< COUNTY OF EAGLE, STATE OF
COLORADO,By and Through Its
oLORg fi
BOARD OF COUNTY COMMISSIONERS
Signed by: Signed by:
ErtlitA.4. 612t5v'u"' MAR- S kar
ATTEST: FOnA2F24RAOAaan By: 81E7S2D718E9173...
Clerk to the Board of Matt Scherr
County Commissioners Chair
Docu,Siigg�ne�d by:
cr. 14,....s
CA1AC128F8M17A...
Jeanne McQueeney
Commissioner
ESigned by:
86A681FFEB84403...
Kathy Chandler-Henry
Commissioner
Commissioner chandler-Henry seconded adoption of the foregoing resolution. The roll having
been called,the vote was as follows:
Commissioner Sherr Aye
Commissioner McQueeneyy Aye
Commissioner Chandler-Henry Aye
This resolution passed by 3/0 vote of the Board of County Commissioners of the
County of Eagle, State of Colorado
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Exhibit A-Legal Description
AN UNPLATTED PARCEL OF LAND,PART OF WHICH IS LYING SOUTH OF AND
CONTIGUOUS WITH LOT 1 TRACT N OF BEAVER CREEK SUBDIVISION 6TH FILING
ACCORDING TO THE PLAT RECORDED MARCH 2, 1982 UNDER RECEPTION NO. 233481,
BEING A PORTION OF THAT PARCEL OF LAND DESCRIBED AS PARCEL 1 IN THE DEED
RECORDED NOVEMBER 23, 1993 UNDER RECEPTION NO. 521717,BOTH IN THE CLERK AND
RECORDER'S OFFICE, COUNTY OF EAGLE, STATE OF COLORADO AND LYING IN THE
SOUTHWEST QUARTER OF SECTION 12 AND NORTHWEST QUARTER OF SECTION 13,
TOWNSHIP 5 SOUTH,RANGE 82 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
EAGLE, STATE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH-SOUTH CENTERLINE OF SAID SECTION 12 FROM
WHICH THE CENTER QUARTER CORNER OF SAID SECTION 12 BEARS N00°27'35"E 283.51
FEET; THENCE UPON SAID NORTH-SOUTH CENTERLINE S00°27135"W 1040.63 FEET TO THE
CENTER SOUTH 1/16TH CORNER OF SAID SECTION 12; THENCE CONTINUING UPON SAID
NORTH-SOUTH CENTERLINE S00°27'38"W 1323.96 FEET TO THE SOUTH QUARTER CORNER
OF SAID SECTION 12; THENCE UPON THE NORTH SOUTH CENTERLINE OF SAID SECTION
13 S00°57'46"W 201.20 FEET TO THE INTERSECTION WITH THE EAST BOUNDARY OF LOT 4,
BEAVER CREEK SUBDIVISION-SEVENTH FILING,TRACT I(BLOCK 2)ACCORDING TO THE
PLAT THEREOF RECORDED JULY 7, 1981 IN BOOK 325 AT PAGE 557 IN THE CLERK AND
RECORDERS OFFICE,EAGLE COUNTY, COLORADO,FROM WHICH THE CENTER NORTH
1/16TH CORNER OF SAID SECTION 13 BEARS S00°57'46"W 1132.55 FEET; THENCE
DEPARTING SAID NORTH-SOUTH CENTERLINE AND UPON THE EASTERN,AND NORTHERN
BOUNDARY OF SAID BEAVER CREEK SUBDIVISION-SEVENTH FILING TRACT I(BLOCK 2),
THE FOLLOWING 26 COURSES:1)N11°31'35"W 105.28; 2)N09°01'35"W 150.00 FEET; 3)
N06°31'35"W 70.00 FEET; 4)N16°48'22W 124.95 FEET;5)N56°08'30"W 74.77 FEET; 6) 113.42 FEET
UPON A NON-TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 565.00 FEET THE
CHORD OF WHICH BEARS N29°25'51"W 113.23 FEET WITH A CENTRAL ANGLE OF 11°30'07";
7)N35°10'54"W 40.25 FEET; 8)N00°34'46"W 74.81 FEET; 9)N14°34'08"W 275.07 FEET;10)NO1
°59'29"E 62.38 FEET;11)N38°07'08"W 113.77 FEET; 12)NO1 °16'07"E 55.11 FEET; 13) S87°54'47"E
60.13 FEET; 14)N00°08'22"W 39.00 FEET; 15)N20°59'28"E 112.00 FEET; 16)N09°35'25"W 151.00
FEET; 17)N28°53'47"E 58.00 FEET; 18)N30°31'36"E 88.92 FEET; 19)N13°00'00"E 100.00 FEET;20)
N04°10'30"W 239.27 FEET; 21)N60°00'33"W 49.92 FEET; 22) S30°21'42"W 190.07 FEET; 23) 73.05
FEET UPON A NON-TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 56.00 FEET
THE CHORD OF WHICH BEARS S76°13'21"W 67.98 FEET WITH A CENTRAL ANGLE
OF74°44'08"; 24)N45°50'39"W 95.23 FEET; 25)N66°48'45"W 60.83 FEET;26)N48°21'55"W 112.90
FEET; THENCE DEPARTING SAID EASTERN AND NORTHERN BOUNDARY AND UPON THE
EASTERN BOUNDARY OF BEAVER CREEK SUBDIVISION SIXTH FILING ACCORDING TO
THE PLAT THEREOF RECORDED MARCH 02, 1982 AS RECEPTION NO. 233481 IN THE OFFICE
OF THE EAGLE COUNTY, CLERK AND RECORDER, THE FOLLOWING 2 COURSES: 1)
NO2°06"24"E 117.16; 2)N15°43'13"E 186.41 FEET TO THE SOUTHWEST CORNER OF LOT 1,
TRACT N, SAID BEAVER CREEK SUBDIVISION SIXTH FILING; THENCE UPON THE SOUTH
AND EAST BOUNDARY OF SAID BEAVER CREEK SIXTH FILING THE FOLLOWING 12
COURSES: 1) S70°34'31"E 119.77 FEET; 2)N12°20'13"E 48.87 FEET; 3) S70°34'3L"E 134.23 FEET;
4) S07°22'55"W 19.52 FEET; 5) S14°30'07"W 149.80 FEET; 6) S73°05'29"E 146.10 FEET; 7) 33.83
FEET UPON A NON-TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 130.00 FEET
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THE CHORD OF WHICH BEARS N60°02'40"E 33.73 FEET WITH A CENTRAL ANGLE OF
14°54'29"; 8)63.05 FEET UPON A CURVE TO THE LEFT HAVING A RADIUS OF 75.00 FEET THE
CHORD OF WHICH BEARS N43°24'57"E 61.21 FEET WITH A CENTRAL ANGLE OF 48°09'54"; 9)
N19°20'00"E 288.30 FEET; 10) 169.88 FEET UPON A CURVE TO THE LEFT HAVING A RADIUS
OF 159.71 THE CHORD OF WHICH BEARS N10°58'59"W 161.98 FEET WITH A CENTRAL
ANGLE OF 60°56'38"; 11)N48°32'42"E 50.00 FEET; 12)N49°11'32"E 94.30 FEET TO THE POINT
OF BEGINNING.
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