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HomeMy WebLinkAboutR00-047 sketch plan for Red Sky Ranch PUD� / Commissioner moved adoption of the follo ng Resolution: RESOLUTION OF THE COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO Q00 0 - APPROVAL OF THE SKETCH PLAN OF THE RED SKY RANCH PLANNED UNIT DEVELOPMENT FILE NO: PDS -00017 WHEREAS, on or about August 12, 1999 the County of Eagle, State of Colorado, accepted for filing the application submitted by The Vail Corporation DBA Vail Associates, David Plath and Debra Plath, and Gary Plath and Margie Plath (hereinafter "Applicant ") for approval of the Planned Unit Development [PUD] Sketch Plan for the Red Sky Ranch PUD, File No. PDS - 00017 and, WHEREAS, approval of the Application would allow for the development of two golf courses and related facilities and eighty -seven (87) single family residential dwelling units on ±780 acres located south of Interstate 70 and east and west of Bellyache Ridge Road, Eagle County, Colorado; and, WHEREAS, at its public hearing held February 2, 2000, the Eagle County Planning Commission, based on its findings, recommended approval of the proposed Sketch Plan for the Red Sky Ranch PUD, with certain conditions; and, WHEREAS, a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado, on March 13, 2000; and, WHEREAS, based on the evidence, testimony, exhibits, study of the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Planning Commission, and comments from all interested 1 1111111 IN 111111111111111111 IN 725771 03/28/2000 04:36P 370 Sara Fisher 1 of 18 R 0.00 D 0.00 N 0.00 Eagle CO C C1, parties, the Board of County Commissioners of the County of Eagle, State of Colorado, finds as follows: 1. That proper publication and public notice was provided as required by law for the hearing before the Planning Commission and the Board of County Commissioners. 2.• That pursuant to Eagle County Land Use Regulations Section 5- 240.F.3.e Standards for the review of a Sketch and Preliminary PUD Plan: (1) Unified ownership or control. It IS NOT represented that title to all land is owned or controlled by one (1) entity; however that all affected land owners have given written consent to this application. (2) Uses. Golf courses, their related facilities, and the residential uses proposed ARE uses that are allowed by right (residential) and as a special use (golf courses and facilities) according to Table 3 -300 for the underlying Resource [R] ( ±688 acres) and Agricultural Residential [AR] ( ±92 acres) zone districts. (3) Dimensional Limitations. Lots less than 35 acres in the R and AR zone districts ARE NOT in accordance with Table 3 -340, "Schedule of Dimensional Limitations." A request for Variation pursuant to Section 5- 240.F.3.f. Variations Authorized HAS BEEN received. Pursuant to Eagle County Land Use Regulations Section 5- 240.F.3.f.(3). Basis for Granting Variations A variation from use or dimensional limitations may be granted when the Board of County Commissioners finds that the Preliminary Plan for PUD achieves one (1) or more of the following purposes and that the granting of the variation is necessary for that purpose to be achieved. In determining whether a Variation to allow lots less than 35 acres and setbacks pursuant to building envelopes in the underlying Resource Zone District should be granted, the Board finds as follows (a) Obtain desired Design Qualities. The proposed PUD Amendment DOES permit the integration of mixed uses or allow for greater variety in the type, design and 2 C layout of buildings this Section. C under the provisions of (b) Avoid Environmental Resources and Natural Hazards. The proposed PUD Amendment DOES avoid valued environmental resource and natural hazard lands as identified in Section 3- 310.B.1., Purpose (c) Water Augmentation. The proposed PUD Amendment DOES create incentives for the applicant to commit to a water augmentation plan for its development that brings "wet" water into the Upper Eagle River Basin. (4) Off - Street parking and Loading. It HAS been demonstrated that off - street parking and loading provided can comply with the standards of Article 4, Division 1, Off - Street Parking and Loading Standards at Preliminary Plan. It is not anticipated that a reduction will be requested for either Shared Parking or Actual Needs. (5) Landscaping. It HAS been fully demonstrated that landscaping provided in the proposed PUD can comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards and a request for a variation from these standards is unnecessary. It HAS been demonstrated that Illumination Standards can comply with the standards of this Article 4, Division 2. (6) Signs. Applicant HAS submitted a comprehensive sign plan for the PUD pursuant to Section 4 -340 D, Signs Allowed in a Planned Unit Development (PUD that, with amplification and conformance with the recommendations of Eagle County Engineering, can meet this Standard at Preliminary Plan. (7) Adequate Facilities. It HAS been demonstrated that the proposed development will provide adequate facilities for potable water supply, sewage disposal, solid waste disposal, or fire protection. (S) Improvements. It CAN be demonstrated that all of the improvements standards applicable to the proposed development will be as specified in Article 4, Division 6. 3 (9) Compa tibility With Surrounding Land Uses. The Resort nature of the proposed PUD IS compatible with the primarily large -lot and unplatted surrounding land uses to the west of Old Faithful Ridge. (10) Consistency with Master Plan. The proposed PUD CAN be shown to be primarily consistent with the Eagle County Master Plan, the Future Land Use Map; the Wol cott Area Community Plan; the Eagle County Open Space Plan; the Eagle River Watershed Plan; and the Eagle County Comprehensive Housing Plan. (11) Phasing. This finding applies specifically to Preliminary Plan. (12) Common Recreation and Open Space. The proposed PUD DOES comply with the common recreation and open space standards above. Over 25% of the total proposed PUD area WILL be devoted to open air recreation or other usable open space, public or quasi - public, in the form of golf courses and other conforming open space, and the proposed PUD DOES provide a minimum of ten (10) acres of common recreation and usable open space lands for every one thousand (1,000) persons who are to be residents of the proposed PUD. The Improvements Required, Continuing Use and Maintenance, and Organization Standards are requirements of the Preliminary Plan, and these can and will be met at that time. (13) Natural Resources Protection. The PUD Amendment HAS considered the recommendations made by the applicable analysis documents, as well as the recommendation received by responding referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards Wildlife Protection (Section 4 -410); Development in Areas Subject to Geologic Hazards (Section 4 -420); Development in Areas Subject to Wildfire Hazards (Section 4 -430); Wood Burning Controls (Section 4- 440); Ridgeline Protection (Section 4 -450); Environmental Impact Report (Section 4 -460). !� 3. That pursuant to Eagle County Land Use Regulations Section 5- 280.B.3.e. Standards for the review of a Sketch Plan for Subdivision: (1) Consistency with Master Plan. The proposed PUD CAN be shown to be primarily consistent with the Eagle County Master Plan, the Future Land Use Map; the Wolcott Area Community Plan; the Eagle County Open Space Plan; the Eagle River Watershed Plan; and the Eagle County Comprehensive Housing Plan. (2) Consistent with Land Use Regulations. The proposed subdivision IS consistent with the Eagle County Land Use Regulations. (3) 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. (4) Suitability for Development. The property proposed to be subdivided is suitable for development under zoning and its existing Special Use Permit provided site constraints identified are honored. (5) Compatibility with Surrounding Uses. The proposed subdivision IS compatible with the character of existing land uses in the area and WILL NOT adversely affect the future development of the surrounding area. 4. That pursuant to Eagle County Land Use Regulations Section 5- 240.F.2.a.(8) Initiation Applicant has submitted a PUD guide that DOES demonstrate that the requirements of this Section can be fully met at Preliminary 5. That pursuant to Eagle County Land Use Regulations Section 5- 240.F.2.a. (14) (d) and (e) Initiation: Applicant HAS submitted a satisfactory "Statement of estimated demands for County services" and "Statement of projected County tax revenue based upon the previous year's County tax levy and a schedule of projected receipts of that revenue." 5 6. That pursuant to Eagle County Land Use Regulations Division 4 -5 Commercial and Industrial Performance Standards This Division of Article 4 does not apply to this application. 7. That pursuant to Eagle County Land Use Regulations Section 4 -700 School Land Dedication Standards Applicant HAS indicated that it intends to meet the requirements of this Section. 8. That pursuant to Eagle County Land Use Regulations Section 4 -710 Road Impact Fees It is assumed that any provisions under this Section CAN AND WILL be met at Final Plat. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of.Eagle, State of Colorado: THAT, subject to the conditions set forth below, the application submitted by The Vail Corporation DBA Vail Associates, David Plath and Debra Plath, and Gary Plath and Margie Plath (hereinafter "Applicant ") for approval of the Sketch Plan of the Red Sky Ranch PUD, File No. PDS- 00017 be and is hereby approved for the following described parcel of land: See: EXHIBIT A attached hereto and thereby incorporated herein by reference THAT, the following conditions are hereby placed upon this approval: 1. Continued Geologic and Geotechnical Studies a. Applicant shall continue to conduct additional geologic and geotechnical characterization on that "zone of influence" described in Condition 2 of Resolution 98 -141 (File No. ZS- 00032). All written reports shall be submitted with the application for Preliminary Plan. The purpose of this additional characterization work is to identify any potential geotechnical impacts to the proposed development, and to add to the currently existing instrumentation for baseline condition monitoring. C. y The work to be performed shall include mapping of any areas not previously mapped. b. The Preliminary Plan application shall also include further geotechnical studies to support the design drawings for various infrastructure associated with roads, cuts, fills, and structures on site. The recommendations of the Eagle County Engineering Department in its memorandum of May 21, 1998 shall be followed. 2. Bellyache Ridge Road Applicant acknowledges that the Bellyache Ridge Road right -of -way is comprised of the aggregate of those rights -of -way described in that deed between Burens Properties and Eagle County recorded in Book 226 at Page 960 and that deed between George P. Jouflas and Eagle County recorded in Book 227 at Page 981. Prior to application for Preliminary Plan, Applicant agrees to create a legal description of the Bellyache Ridge Road right -of -way fully encompassing and describing both deeds and submit an application pursuant to Section 5 -2200 Public Way and Easement Vacation of the Eagle County Land Use Regulations. Eagle County shall consider vacating the right -of -way the new roadway is to replace, and, upon vacation, Applicant shall dedicate said new roadway to Eagle County as an 80 -foot as -built right -of -way by delivering to Eagle County a warranty deed therefor. In the event said contemplated vacation is denied by Eagle County, Applicant will amend the approved Sketch Plan as necessary solely for that portion of the site east of Old Faithful Ridge in order to provide for the relocation of its golf course activities thereby affected. 3. Golf Course Component Requirements. The following shall be submitted for both golf courses with the application for Preliminary Plan: a. Water Management Plan or Plans. A water management plan to minimize the potential for infiltration of all golf course irrigation water into groundwater regimes in the area comprehensively addressing irrigation practices and controls, surface drainage and water control features, and groundwater contingency controls. Applicant shall also submit a monitoring plan and system to monitor performance of the water management plan and provide warning of deficiencies. For the eastern course, the system shall consist of, but not be limited to, 7 c c piezometer, inclinometers, soil moisture sensors, weather station(s), and stream gauge(s). For the western course applicant shall submit technical reports and information that define an appropriate system. These water management and monitoring plans shall be separate from the Golf Course Management and Monitoring Plans. b. Golf Course Management and Monitoring Plan. A Golf Course Management and Monitoring Plan incorporating Regional Water Quality Management Plan (208) implementation recommendations, including, but not be limited to, wetlands impact mitigation, pest management, a chemical use program, monitoring of both well and irrigation water quantity and quality, water conservation measures, stormwater management, monitoring methodologies, and methods by which the Plan shall be enforced. c . C� easterly golf course routing plan where it crosses Bellyache Ridge Road shall show tunnel crossing /s beneath the road. detailed grading and drainage plans, and be accompanied by on -going Erosion and Sediment Control Best Management Practice Plans. The Preliminary Routing Plan. The plans shall include Conceptual Site Plans. Conceptual site - specific plans and architectural drawings (including, but not limited to: elevations, color and materials notations) shall be submitted for each clubhouse, maintenance facility, range building /s, and /or course restroom /s. Said plans and drawings shall be accompanied by lighting and landscape plans, and fire access for fire suppression plans acceptable to the Town of Avon Fire Department or any Eagle Valley Consolidated Fire District. 4. Wildlife Mitigation. Applicant shall submit with the application for Preliminary Plan, a site - specific, Red Sky Ranch Wildlife Mitigation Plan that has been agreed and signed by the Applicant and the Colorado Division of Wildlife. 5. PUD Guide Applicant's draft PUD Guide submitted in compliance with the requirements for Sketch Plan shall be amended to include, but not be limited to, the following: RI a. Golf Courses. That each course shall be subject to the following: (1) Clubhouse buildings shall not exceed 30,000 square feet; restaurant Beatings shall be limited to one hundred and ten (110) indoor seats, plus /minus five percent (50). (2) Courses, facilities, and facility operations shall be subject to such mitigation, limitations, and seasonal restrictions as set forth in the Wildlife Mitigation Plan. b. Statement of the Terms and Conditions of Public Play. That the following shall be the public play policy of the combined Red Sky Ranch courses: During the shoulder seasons, i.e., prior to June 1 and after September 15, Vail Resorts Development Company (VRDC) will reserve eight (8) tee times for a total of thirty -two (32) golfers, Monday through Thursday, for local play. If these tee times are not reserved by local players they may be assigned to hotel /resort guests on the morning of play. The cost of play for Eagle County residents will be discounted 40o from the hotel /resort fees in place at the time of play. During the shoulder seasons additional local play will be allowed for unused hotel /resort tee times on a standby basis. IN ADDITION, VRDC will make one of the courses available for two (2) charity tournaments prior to June 1 and two (2) charity tournaments after September 15, holidays and weekends excluded. There will be no charge for the use of the course, golf carts or golf course staff; however, VRDC reserves the right to select the charity groups, tournament format and tournament dates and times. Said policy shall be implemented on the opening day of each season. C. Employee Housing. That Employee Housing shall be specifically set forth, and include at a minimum: (1) The site- specific location of and description of two on -site housing units for Red Sky Ranch full -time employees. These units shall also be depicted on the Preliminary Plan maps (2) The allocation of a specific number of off - site Red Sky Ranch seasonal "employee housing" units in other Vail Associates "employee housing" projects. (3) requirement that the Lty (40) larger residential lots east of Old Faithful Ridge shall be allowed a caretaker unit not to exceed the square footage called for by lot size in the Eagle County Land Use Regulations. d. Wildlife Mitigation That the terms and conditions of the recorded Wildlife Mitigation agreement apply to all lots. e. Individual Lot Site Disturbance. That individual lot site disturbance outside the approved building envelope shall be addressed. f. Sprinkling /Central Alarm. That all habitable structures shall be sprinkled, and shall have installed and maintained a central alarm system with 24 -hour monitoring. 6. "Affordable Housing" Plan The terms and conditions of any "affordable housing" plan shall be submitted with the Preliminary Plan application. 7. Service Districts. Applicant shall submit with the Preliminary Plan application a Capital Plan for the establishment of Districts or other public facilities to provide fire, ambulance, law enforcement, recreation, and other community services for the Wolcott Area. Applicant's Capital Plan will be proportionate to its estimated impact on the Wolcott Area. Applicant shall also submit executed copies of all necessary agreements with the Bellyache Ridge Metro District. 8. Revised Sketch Plan Site Plan. The approved Sketch Plan Site Plan, dated March 13, 2000, is attached as Exhibit B to this Resolution and thereby incorporated herein. However, if Applicant chooses to cluster the seven so- called "Plath Lots" (lots 61 through 67 inclusive) east of Bellyache Ridge Road, Applicant may add an additional three (3) lots solely to this cluster. 9. Representations. All material representations of the Applicant in its submittal package and in public hearing including, but not limited to, revegetation, 10 avoidance of wetlands, and wildlife and wildfire mitigation shall be binding. THAT, the Sketch Plan submitted under this application and hereby approved, does not constitute a "Site Specific Development Plan" as that phrase is defined and used in C.R.S. 24 -68 -101, et seq. MOVED, READ, AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its meeting held the c` �_ day of - /3/tt1� 1999, nunc pro tunc to the 13 day of March, 2000. [=o COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS Commissioner seconded adoption to the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Tom C. Stone ��. Commissioner Johnnette Phillips C2. 0 Commissioner Michael L. Gallagher /}�,, This resolution passed by ( ��} vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 11 FROM Eagic . 1 1+01 -1 `.oar• eying. Inc. rqn_ : 9 "jj 845 9501 Attachment A: Legal Description to that Resolution of the Board of Eagle County Commissioners approving File No. PDS [p. l of 5] PARCEL DESCRIPTION West Parcel & Golf Course 2 Parcel combined, East Parcel, and Wolcott Springs Parcels. ( Those parts of Sections 21, 22, 27 & 28, Township 4 South, Range 83 West of the Sixth Principal Meridian, Eagle County, Colorado, described as follows: Beginning at a point on the westerly right- of-way line of Bellyache Ridge Road, according to the deed recorded in Book 226 at Page 960 in the office of the Eagle County, Colorado, Clerk and Recorder, whence the Bast 1/4 Corner of said Section 22 bears South 66 East, 2426.55 feet; thence, departing said westerly right- of-way line, North 57 0 47 1 08" West, 697.09 feet; thence North 17 0 12 1 24" West, 757.58 feet; thence North 58 °36 1 47" West, 368.30 feet, thence South 85 0 47 1 38" West, 340.00 feet; thence North 81 °10 West, 423.22 feet; thence South 43 °56'01" West, 1468.21 .feet; thence South 05 West, 575.00 feet; thence South 89 °57 "05" West 1629.73 feet; thence North 29 °22'54" West 1406.81 feet; thence North 90 °00 West 1153.83 feet; thence South 68 °31'20" West 628.36 feet to the westerly line of the E 1/2 NW 1/4 of said Section 21; thence, along said westerly line, South 00 0 13 1 11 "E 1627.97 feet to the northwest corner of the E 1/2 SW 1/4 said Section'21; thence, along the westerly line of said E 1/2 SW 1/4, South'00 0 13 1 11" East 2640.71 feet, to the southwest corner of said B 1/2 Sw 1/4; thence, along the southerly line of said Section 21, South 89 °43.00" East 1319.84 feet to the South 1/4 corner of said Section 21; thence, departing said southerly line, North 58 °28 East 1853.17 feet; thence South 33 °15'36" East, 282.38 feet; thence South 06 0 17 1 30" West, 1020_00 feet; thence South 19 °46 East, 421.80 feet, thence South 08 West, 1068.73 feet; thence South 49 6 13 1 00" East, 690.17 feet; thence South 85 °56 East, 1881.77 feet, to the westerly right -of -way line of Bellyache Ridge Road, according to the deed recorded in Book 227 at Page 981 in the office of the Eagle County, Colorado, Clerk and Recorder; thence the following six courses along said westerly right- of-way as described in said Book 227 at Page 981: 1) North 07 West, 32.50 feet; 2) an arc distance of 268.13 feet, along a curve to the left having a central angle of 50 °37 a radius of 303.45 feet, and a chord that bears North 32 °30'45" West, 259.49 feet; 3) North 32 0 10 1 26" East, 10.00 feet; 4) an arc distance of 332.35 feet, along a curve to the right having a central angle of 41 0 06 1 06 11 , a radius of 463.29 feet, and a chord that bears North 37 0 16'31" West, 325.27 5) North 16 West, 456.31 feet; 6) an arc distance of 299.82 feet, along a curve to the right having a central angle of 23 ", a radius of 726.04 feet, and a chord that bears North 04 West, 297.69 feet to a non - tangent point on curve on the westerly right -of -way line of Bellyache Ridge Road according to said deed recorded in Book 226 at Page 960; thence the following five courses along said right- 08-06 -1995 OB:59AM 970 845 9504 P.02 FROM : Eagle Val lei Su7--.. -1 t nq , Inc. FAX N0. : 9 7r 0 9504 Attachment A: Legal Description to that Resolution of the C13oard of Eagle County Commissioners approving File No. PDS [p. 2 of 5] of -way line: 1) an arc distance of 137.90 feet, along a non- tangent curve to the right having a central angle of 23 °35 a radius of 335.00 feet, and a chord that bears North 10 1 59 . 33" East, 136.93 feet; 2) forth 22 . 47 1 07" East, 189.24 feet; 3) an arc distance of 99.66 feet, along a curve to the left having a central angle of 11'39'10 ", a radius of 490.00 feet, and a chord that bears North 16 °57 Bast, 99.48 feet; 4) North 11 °07'57" East, 177.94 feet; 5) an arc distance of 54.16 feet, along a curve to the left having a central angle of 05 1 48'02 ", a radius of 535.00 feet, and a chord that bears North 08 °13 East, 54.14 feet to a non - tangent point on curve on the westerly right -of -way line of Bellyache Ridge Road according to said deed recorded in Book 227 at Page 981; thence the following four courses along said right - of --way line: 1) an arc distance of 329.51 feet, along a non - tangent curve to the left, having a central angle of 24 0 44 1 33 ", a radius of 763.04 feet, and a chord that bears North 12 West, 326.95 feet; 2) North 24 0 50 1 15" West, 514.18 feet; 3) an arc distance of 222.28 feet, along a curve to the right, having a central angle of 36 0 21 9 11 11 , a radius of 334.57 feet, and a chord that bears North 06 °39'39" West, 208.74 feet; 4) North 11 0 30 , 56" East, 96.10 feet to a non - tangent point on curve on the westerly right -of -way line of Bellyache Ridge Road according to said deed recorded in Book 226 at Page 960; thence the following two courses along said right -of -way line: 1) an arc distance of 197.14 feet, along a non- tangent curve to the right, having a central angle of 07 °20 ", a radius of 1539.99 feet, and a chord that bears North 10 0 32 1 27" East, 197.00 feetp 2) North 14 East, 69.62 feet to a non - tangent point on curve on the westerly right -of -way line of Bellyache Ridge Road according to said deed recorded in Hook 227 at Page 981; thence the following three courses along said right -of -wag line: 1) an arc distance of 179.72 feet, along a non - tangent curve to the left, having a central angle of 06 °00 "33 ", a radius of 1713.59 feet, and a chord that bears North 07 East, 179.64 feet; 2) North 04 0 57'01" East, 259.90 feet; 3) an arc distance of 271.10 feet, along a curve to the right, having a central angle of 12 *26 a radius of 1255.28 feet, and a chord that bears North 11 . 08'14" East, 270.57 feet to a non - tangent point on curve on the westerly right -of -wag line of Bellyache Ridge Road according to said deed recorded in Book 226 at Page 960; thence the following eight courses along said right -of -way liner 1) an arc distance of 100.95 feet, along a non - tangent curve to the right having a central angle of 03'13 a radius of 1790.00 feet, and a chord that bears North 17 East, 100.94 feet; 08_W_i999 09: 00AM 970 845 9504 P.m •MOM : Eagle lJa 1 I et -i Surt. i ng. Inc. i (-a'-, No. : 97C1 045 9504 Attachment A: Legal Description to that Resolution of the G Board of Eagle County Commissioners approving File No. PDS [p. 3 of 5] 2) North 18 ° 37 1 26" East, 407.1.4 feet; 3) an aro distance of 310.11 feet, along a curve to they right having a central angle of 78 °58'10 ", a radius of 225.00 feet, and a chord that bears North 58 °06 East, 286.14 feeti 4) South 82 East, 34.96 feet; 5) an arc distance of 96.16 feet, along a curve to the right having a central angle of 16 °12 ", a radius of 340.00 feet, and a chord that bears South 74 °18 East, 95.84 feet; 6) South 66 0 12 1 04" East, 161.20 feet; 7) an arc distance of 236.79 feet, along a curve to the left having a central angle of 51 ° 11 1 47 ", a radius of 265.00 feet, and a chord that bears North 88 °12 East, 226.99 feet; 8) North 62 36'09" East, 52.65 feet to a non - tangent oint an curve on the westerly right -of -way lame of Bellyache Ridge Road according to said deed recorded in Book 227 at Page 981; thence the following two courses along said right -of -sway line: 1) an arc distance of 9.30 feet, along a non- tangent curve to the left, having a central angle of 02 °11 1 14 ", a radius of 243.59 feet, and a chord that bears North 40 °13'59" East, 9.30 feet= 2) North 39 East, 527.98 feet to a point on the westerly right -of -way line of Bellyache Ridge Road according to said deed recorded in Book 226 at Page 960; thence the following six courses along said right -of -way line: 1) North 34 0 09 1 36" East, 118.92 feet; 2) an arc distance of 295.42 feet, along a curve to the right having a central angle of 08 ", a radius of 1983.22 feet, and a chord that bears North 38 East, 295.15 feet; 3) North 42 East, 374.99 feet; 4) an arc distance of 113.00 feet, along a curve to the left having a central angle of 09 0 37 1 24 0 , a radius of 672.79 feet, and a chord that bears North 37 °53 East, 112.87 feet; 5) North 33 0 04'18" East, 188.68 feet; 6) an arc distance of 222.14 feet, along a curve to the right having a central angle of 41 °40 1 21 ", a radius of 305.42 feet, and a chord that bears North 53 0 54 1 28" East, 217.27 feet, to the point of beginning, containing 610.34 acres, more or legs. AND: That part of Section 22, Township 4 South, Range 83 West of the Sixth Principal Meridian, Eagle County, Colorado, described as follows: Beginning at an angle point of the northerly line of a parcel of land described in the deed recorded in Book 610 at Page 769 in the offf.ce of the Eagle County, Colorado, Clerk and Recorder, whence the East 1/4 Corner of said Section 22 bears north 54 East, 1069.40 feet; thence, departing said northerly line, North 29 08" East, 622.20 feet, along the westerly line of a parcel of land described in Boob 177 at Page 211 and in Book 409 at Page 221 in the office of the Eagle County, Colorado, Clerk and Recorder; thence, departing said westerly line: North 52 0 04 1 22" West, 584.36 08-M -1999 09 :0181 970 B45 9504 P.04 PROM : Eag 1 e tJa I I et_{ Sur I nc. FAX NO. 3 9c04 Attachment A: Legal Description Qoard to that Resolution of the of Eagle County Commissioners approving File No. PDS [p. 4 of 5] feet; thence North 39 °07'29" West, 539.28 feet; thence North 63 West, 588.51 feet, to the easterly right -of -way line of Bellyache Ridge Road, according to the right -of -'way described in the deed recorded in Book 227 at Page 981 in the office of the Eagle County, Colorado, Clerk and Recorder; thence the following four courses along said easterly right- of -way line: 1) an arc distance of 37.47 feet, along a curve to the left having a central angle of 06 ° 50'44 ", a radius of 313.58 feet, and a chord that bears South 81 West 37.44 feet; 2) South 77 °38 West, 279.22 feet; 3) an arc distance of 161.16 feet, along a curve to the left having a central angle of 42 °25 a radius of 217.64 feet, and a chord that bears South 56 0 25'27" West, 157.50 feet; 4) North 54 9 47'20" West, 6.44 feet, to a non - tangent point on curve on the easterly right -of -way line of Bellyache Ridge Road, according to the deed recorded in Book 226 at Page 960 in the Office of the Eagle County, Clerk and Recorder; thence the following six courses along said easterly right -of --way as described in said Book 226 at Page 960: 1) an arc distance of 3.19 feet, along a non - tangent curve to the left having a central angle of 00 °48 a radius of 225.42 feet, and a chord that bears South 33 °27 West 3.19 feet; 2) South 33 °04 West, 188.68 feet; 3) an arc distance of 126.44 feet, along a curve to the right having a central angle of 09 0 37 1 24 ", a radius of 752.79 feet, and a chord that bears South 37 °53 West, 126.29 feet; 4) South 42 "41 West, 374.99 feet; 5) an arc distance of 283.51 feet, along a curve to the left having a central angle of 08 0 32 1 05 11 , a radius of 1903.22 feet, and a chord that bears South 38 °25 West, 283.24 feet; 6) South 34 0 09 . 36" West, 158 -55 feet, to a point on the northeasterly line of Parcel 20, as shown on'the Amended Lend Survey Plat of Parcels 20, 21, and 22, Wolcott Springs Parcels, recorded in Book 663 at Page 368 in the office of the Eagle County, Colorado, Clerk and Recorder; thence South 41 0 18'00" East, 926.36 feet, along said northeasterly line of Parcel 20; thence, departing said northeasterly line, North 11 °57'22" East, 62.41 feet, to the northwesterly corner of said Parcel of land described in Book 610 at Page 769; thence, along the northerly line of said parcel, North 86 0 28'15" Bast, 1543.91 feet, to the point of beginning, containing 62.34 acres, more or less. The basis of bearings for the above description is a line connecting the existing brass cap monument marking the East 1/4 Corner of said Section 22 and the existing brass cap monument marking the Southeast Corner of said Section 22 being South 00 0 08 1 05" East. AND: Parcel 20, Parcel 21, & Parcel 22, Amended Land Survey Plat of 0 1 -Yw-i999 09: 02AII 970 845 9504 P. 05 eFRQM Eagle Val ley Surveying, Inc. FAX N0. : 970 945 9504 Attachment A• Legal Description to that Resolution of the Board of Eagle County Commissioners approving File No. PDS [p. 5 of 5] Parcels 20, 21 and 22, Wolcott Spacings Parcels, according to the map thereof recorded as Reception No. 559394, in the office of the Eagle County, Colorado, Clerk and Recorder, containing 105.03 acres, more or less. The above parcels contain a total of 777.71 acres, more or less. 0B-06 -1999 09 :03AM 970 845 9504 P•06 3 J ..