HomeMy WebLinkAboutR21-015 Approval of the SUP Tree Farm Solar Array File No. ZS-009107-2020 Eagle County, CO 202105689
DocuSign Envelope ID:984BC060-C245-4817-98B6-D7B8AF587412 Regina O'Brien 03/11/2021
Pgs: 9 11:57:52 AM
REC: $0.00
DOC: $0.00
Commissioner Chandler-Henry moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO.2021- 015
RESOLUTION FOR THE APPROVAL
OF THE SPECIAL USE PERMIT
FOR TREE FARM SOLAR ARRAY
Eagle County File No.ZS-009107-2020
WHEREAS,on or about July 16,2020,the County of Eagle,State of Colorado,accepted
for filing an application submitted by Woody Ventures LLC,(the"Applicant") for approval of
a special use permit for the Tree Farm Solar Array, located at 401 Tree Farm Drive, and
legally described as stated in Exhibit A(the"Property"); and
WHEREAS, the special use permit application proposes to construct and operate a
200kW solar array to provide electricity for nearby residential homes within the Tree Farm
Planned Unit Development(the"Special Use"); and
WHEREAS,the Property is zoned Resource (R), and solar farms may be approved in
Resource zoned districts through review and approval of a Special Use Permit application;
and
WHEREAS, in accordance with Eagle County Land Use Regulations (the "ECLURs"),
Section 5-210.E - Notice of Public Hearings, notice of the proposed Special Use application
was mailed to all owners of property adjacent to the proposed Special Use and was duly
published in a newspaper of general circulation throughout the County concerning the
subject matter of the application and setting forth the dates and times of meetings for
consideration of the applications by the Roaring Fork Valley Regional Planning Commission
(the"Planning Commission") and the Board of County Commissioners of the County of Eagle
(the"Board"),and
WHEREAS,at its public hearing held on November 5,2020,the Planning Commission,
based upon its findings,recommended approval with conditions of the proposed Special Use,
and
WHEREAS,at its regular public hearing of December 14, 2020,the Board considered
the proposed Special Use; associated plans; the statements and concerns of the Applicant,
1
DocuSign Envelope ID:984BC060-C245-4817-98B6-D7B8AF587412
the Eagle County Community Development and Engineering staff, and other interested
persons; and the recommendation of the Planning Commission,and
WHEREAS, based on the evidence, testimony, exhibits, and study of the 2005 Eagle
County Comprehensive Plan for the unincorporated areas of Eagle County, the Future Land
Use Map (the "FLUM") for Eagle County contained in that plan, the 2018 Mid-Valley Area
Community Plan, and the Highway 82 Corridor Character Area FLUM, as well as the
comments of the Eagle County Department of Community Development,comments of public
officials and agencies,recommendation of the Planning Commission,and comments from all
interested parties,the Board, finds as follows:
1. THAT,proper publication and public notice was provided as required by the ECLUR
and state law for the hearings before the Planning Commission and the Board.
2. THAT,the application for Special Use for the Property complies with the standards
in ECLUR Section 5-250.B -Standards for Special Use, as set forth below:
A. Consistent with the Comprehensive Plan. Pursuant to Section 5-250.B.1, the
Special Use, as conditioned, is in substantial conformance with the policies of the
2005 Eagle County Comprehensive Plan, the 2018 Mid-Valley Area Community Plan,
and the 2018 Highway 82 Corridor Character Area FLUM, including the goals of
energy efficiency, ensuring sustainable land use and development, ensuring the
availability of adequate infrastructure, the preservation and protection of sensitive
lands and ecosystems, and of supporting alternative energy production while
minimizing impacts to natural resources and rural character.Specifically, as set forth
in the staff report, the Special Use meets a preponderance of the master plan goals,
policies and objectives, while adhering to both of the FLUMs' designation and
prescribed uses. Areas of conformance include: providing additional infrastructure
for renewable energy and energy efficiency, while minimizing visual impact and
disturbances to important natural areas. Thus, the Special Use is in substantial
conformance with applicable policies within the Eagle County Comprehensive Plan,
the Mid-Valley Area Community Plan, and the Highway 82 Corridor Character Area
FLUM.
B. Compatibility. Pursuant to Section 5-250.B.2,the Special Use is compatible with the
surrounding land uses. The property the Special Use is located in, as well as the
properties to the north and east,are all zoned R.Solar farms are permitted in R zoned
districts through Special Use Permits. Additionally the properties to the west and
south are located within the Tree Farm PUD. The Tree Farm PUD Guide specifically
requires the construction of a 200 kW solar energy system, which may be located
within the PUD or off-site. Further, the Special Use is compatible with the FLUM
designation,which supports permitted uses per ECLUR Table 3-300 -Residential and
Agricultural Zone District use Schedule. Thus, the Special Use will be generally
compatible with the existing and currently permissible future uses of adjacent land
and other substantially impacted land, services, or infrastructure improvements.
2
DocuSign Envelope ID:984BC060-C245-4817-98B6-D7B8AF587412
C. Zone District Standards. Pursuant to Section 5-250.B.3, the proposal meets the
requirements for a Solar Farm over 80-kw, more specifically, the proposal is
considered a ground mounted solar energy system("solar array").Per Table 3-300 in
Section 3-300, Solar Farms of 80kW or more in rated capacity, in rural areas of the
county, must complete a Special Use Review and approval. Proposals must comply
with the requirements outlined in Section 3-310.Bb for reflectivity, dimensional
limitations, minimizing adverse visual impact, utility grid interconnection, and
longevity and reclamation.Solar arrays must adhere to the specific height limitations
described in Section 3-310.B.5.a.,as well as the dimensional limitations found in Table
3-340; staff reviewed this application in accordance with these standards and the
Special Use meets all applicable dimensional standards with no requested variations.
Pursuant to Section 3-310Bb.1. and Section 3-310.Bb.5.b., the Special Use must
specifically incorporate non-reflective materials and utilize anti-reflective coating,
and must generally minimize adverse visual impacts. The Environmental Impact
Report (the "EIR") and staff review determined that the proposed location of the
Special Use would not compromise the quality of views as the development area is
relatively flat and the elevation of the location is recessed from surrounding areas.
Additionally, the subject property contains vegetation that causes the Special Use to
not be readily visible,except from the Tree Farm PUD area.Landscaping plans for the
Tree Farm PUD include plans for additional vegetation creating a buffer between the
Tree Farm PUD and the proposed Special Use; said buffer will cause Highway 82 to
also be screened from the proposed Special Use.The solar array will utilize industry
standard anti-glare precautions, such as using anti-reflective materials and angling
the solar panels to minimize glare. Per Section 3-310.Bb.5.c., the Applicant must
provide information to the county regarding the system design and interconnection
to the grid, as well as evidence that the associated utility provider has accepted or
approved the design. The proposed solar array was pre-approved by Holy Cross
Energy, as outlined in a letter from Holy Cross Energy's Power Supply Supervisor
dated August 5, 2020. Staff reviewed the Special Use in accordance with these
standards and determined that the requirements have been met. Pursuant to Section
3-310.Bb.5.d., solar arrays must identify the proposed timeline for their use and
submit a reclamation plan detailing the reclamation of the project site upon
termination of the use. The application materials identifies 40 years as the
approximate lifespan of the solar array,and states that the site will be returned to its
original state in 40 years,unless the array is reviewed for continued operation.Based
on the application materials, there is a high potential the solar array will operate
beyond its approximate 40 year lifespan, and as such, Condition 2 as outlined in the
conditions of approval listed below addresses what actions are required at the end of
the 40 year period.Thus, as conditioned,the proposed Special Use does comply with
the standards of the zone district in which it is located and the standards applicable
to the particular use,as identified in ECLURs.
D. Design Minimizes Adverse Impact.Pursuant to Section 5-250.B.4,the design of the
Special Use reasonably avoids adverse impacts,including visual impacts of the Special
3
DocuSign Envelope ID:984BC060-C245-4817-98B6-D7B8AF587412
Use on adjacent lands, including trash, traffic, service delivery, parking and loading,
odors,noise,glare,and vibration and it will not otherwise cause or create a nuisance.
The Special Use does not create adverse impacts to adjacent land from trash, noise,
odor, or vibrations, as the solar array will not produce these impacts per the
application materials and staff analysis.Adverse impacts related to traffic and parking
are minimal as a low number of trips to the site of the Special Use are expected once
installation is completed. Adverse impact due to glare is minimal as the solar array
will make use of industry standard anti-glare precautions, as previously discussed in
paragraph 2.C. above. Thus, the proposed Special Use will reasonably avoid adverse
impact to adjacent lands.
E. Design Minimizes Environmental Impact. Pursuant to Section 5-250.B.5, the
design of the Special Use minimizes environmental impacts and will not cause
significant deterioration of water and air resources,wildlife habitat,scenic resources,
and other natural resources.The EIR conducted by SGM Engineering determined that
the Special Use will avoid all streams, ditches, and wetlands, and additionally, it will
not impact drainage or stormwater, and will cause a minimal disturbance to the soil.
The EIR also found that the uses from the solar array are not expected to have a major
effect on air quality outside of the production of dust during the construction period.
Thus,the Special Use avoids significant deterioration of water and air resources.The
EIR identifies the Special Use location as being within elk severe winter and winter
ranges,however,the report does not anticipate the solar array will affect big game or
elk ranges due to its location in a developed area near the Tree Farm PUD. The
report's findings were verified by CPW stating the parcel was considered low quality
wildlife habitat and that the impacts to wildlife and habitat would be minimal.
Additionally, a game-approved fence surrounding the perimeter of the solar array
will be included to prevent wildlife from entering the site.Staff found that the EIR was
compelling. Based on staffs review of the EIR and CPW referral comments, impacts
on wildlife are minimal.As previously discussed,the Special Use location is relatively
flat and the Special Use will not impact ridgeline or skyline views. Further, existing
vegetation and proposed additional landscaping will obscure the Special Use from
view from all adjacent properties, as well as from Highway 82. The impact from the
proposed Special Use will not cause significant deterioration to the scenic resources.
Finally, the EIR contemplated concerns and impacts related to geology, wildfires,
waste, noise, odors, circulation,traffic, and land use.The EIR determined there to be
no substantial issues involving those identified impacts and staff review found that
any related impacts of the solar array would be minimal. Thus,the proposed Special
Use will fully minimize environmental impacts, and will not cause significant
deterioration of water and air resources, wildlife habitat, scenic, and other natural
resources.
F. Impact on Public Facilities. Pursuant to Section 5-250.B.6, the Special Use will be
adequately served by public facilities and services,including roads,pedestrian paths,
potable water and wastewater facilities,parks,schools,police and fire protection,and
emergency medical services. With the exception of roads, the Special Use will not
4
DocuSign Envelope ID:984BC060-C245-4817-98B6-D7B8AF587412
require additional services or affect public facilities. As evaluated under Section 5-
250.B.4.-Design Minimizes Adverse Impact,impacts to public roads are minimal.The
property is accessed by a private drive off of Lakeview Drive.The private drive serves
as the dual access or emergency access for the existing residences located on the same
parcel, to the north of the proposed location of the Special Use, but access to the
Special Use site through this route is only expected to occur occasionally following
the construction period. The County's Engineering Department finds that the roads
can adequately service this need. Additionally, staff reviewed the proposal's impact
on pedestrian paths, potable water and wastewater facilities, parks, schools, police
and fire protection, and emergency medical services.The Special Use is served by the
Eagle County School District, the Roaring Fork School District, the Eagle County
Sheriffs Department, and the Roaring Fork Fire Rescue Authority. The Eagle County
School District, the Roaring Fork School District, and the Roaring Fork Fire District
responded with no comment to requests for referral, and further, the proposal does
not require additional services or usage by the public facilities listed for review under
Section 5-250.B.4.Thus,the proposed Special Use will be adequately served by public
facilities and services, including roads, pedestrian paths, potable water and
wastewater facilities, parks, schools, police and fire protection, and emergency
medical services.
G. Site Development Standards. Pursuant to Section 5-250.B.7, the Special Use is in
compliance with Article 4 Site Development Standards including requirements for
parking and loading,landscaping and illumination,signs,natural resource protection,
and commercial and industrial performances standards. Variances were not
requested by the Applicant. Site development standards for off-street parking and
loading are met as the proposed Special Use does not require additional parking and
loading. Landscape and illumination standards are met as the proposed Special Use
does not require additional landscaping or illumination and none is proposed. Sign
regulation standards are met as the proposed Special Use does not include plans for
signage.All future signage must comply with the ECLURs in effect at the time of sign
permit application. As discussed in greater detail above in the analysis of Standard
5-250.B.5. "Design Minimizes Environmental Impact," natural resource protection
standards are being met as the proposed location of the Special Use does not affect
wildlife,riparian areas,or other natural resources.Additionally,the Special Use is not
located in a geological hazard area or on a steep slope, and is not expected to impact
air or water quality,therefore,the natural resource protection standards in Article 4
are met. Per Table 3-300 - Residential and Agricultural Zone Districts Use Schedule,
solar farms are listed as a Public Facility, Utility,and Institutional Use in the ECLURs,
therefore,the Site Development Standards for Commercial and Industrial Uses do not
apply.Thus,the proposed Special Use will comply with all applicable standards in the
ECLURs,Article 4, Site Development Standards.
H. Other Provisions. Pursuant to Section 5-250.B.8, no other provisions of the ECLUR
for use, layout, and general development characteristics in addition to those already
referenced and/or addressed have been found applicable to this application. Thus,
5
DocuSign Envelope ID:984BC060-C245-4817-98B6-D7B8AF587412
the proposed Special Use does comply with all standards required by all other
applicable provisions of the ECLURs for use, layout, and general development
characteristics.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the
County of Eagle, State of Colorado:
THAT this application for a Special Use Permit is hereby approved, subject to the
following conditions, and that violation of any condition shall be the basis for revocation of
the Special Use Permit pursuant to the ECLURs:
1. 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 considered conditions of approval.
2. 90 days prior to the termination of this special use,the Applicant shall submit
a reclamation plan for review and approval by the Community Development
Department. The reclamation plan shall include demonstration of how the
Applicant will reclaim the Property to its original state at the time of this
special use approval, to a use by right in the Property's zone district, or
provide proof of land use approval to further develop the Property. The
reclamation plan shall include a deadline of one year from the date of
termination to complete such reclamation or some other time frame agreed
upon by Applicant and Community Development Director.
THAT, this Special Use Permit shall be subject to review as provided for by the
ECLURs.
THAT, the Board directs the Department of Community Development 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.
MOVED,READ AND ADOPTED by the Board of County Commissioners of the County
of Eagle, State of Colorado, at its regular meeting held the 9th day of March, 2021, nunc pro
tunc to the 14th day of December, 2020.
6
DocuSign Envelope ID:984BC060-C245-4817-98B6-D7B8AF587412
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
EAGteco BOARD OF COUNTY COMMISSIONERS
ATTEST: y� zA
DocuSigned by: t—DocuSigned by:
/� By: p� �� ,r--,,,A
CftlitAzt (Ti uA, C°�oRA13 i"taf Sd(a
F9D82F 4889 0. 1 E762D718E0473...
Clerk to t e oard Matt ceherr
County Commissioners Chair
(-J—t��DooccuuSiigned by: ��V��A�y�f�
l '6�1 1
�66 1FFE6 403...
Kathy �andler-Henry
Commissioner
/,-.D�oc�uSiigsne�d by:
V qe
Je nifemetyeenoney
Commissioner
Commissioner McQueeney seconded adoption of the foregoing resolution. The roll
having been called,the vote was as follows:
Commissioner Scherr Aye
Commissioner Chandler-Henry Aye
Commissioner McQueeney Aye
7
DocuSign Envelope ID:984BC060-C245-4817-98B6-D7B8AF587412
EXHIBIT A:LEGAL DESCRIPTION
A TRACT OF LAND SITUATED IN SECTION 35 OF TOWNSHIP 7 SOUTH, RANGE 87 WEST
AND SECTION 2 OF TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF EAGLE,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35,,TIjEJVCE N 01° 05'20" E ALONG
THE WEST LINE OF SAID SECTION 35 A DISTANCE OF 670.15 FEET.,vA,POINT ON THE NORTH
LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUT*EST OF SAID SECTION 35;
THENCE S 89° 57'22" E ALONG SAID NORTH LINE A DISTANCE OF 2'6'22.19 FEET TO A POINT ON
THE NORTH AND SOUTH QUARTER LINE OF SAID SECTION 35; THENCE S 00° 21'04" E ALONG
SAID NORTH AND SOUTH QUARTER LINE A DISTANCE OF 667.58 FEET TO THE SOUTH QUARTER
CORNER OF SAID SECTION 35, ALSO BEING ANGLE POINT 1 OF TRACT 38 OF SAID SECTION 2,
THENCE S 00° 21'18" E ALONG LINE 1-6 OF SAID TRACT 38 A DISTANCE OF 1593.92 FEET TO
ANGLE POINT 6 OF TRACT 38,ALSO BEING THE NORTHWEST CORNER OF GOVERNMENT LOT 7;
THENCE N 88° 44'17" E ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 7 A DISTANCE OF
116.95 FEET TO ANGLE POINT 6 OF TRACT 46,ALSO BEING THE NORTHEAST CORNER OF SAID
GOVERNMENT LOT 7; THENCE S 00° 10'09" W ALONG THE EAST LINE OF GOVERNMENT LOTS 7
AND 10 A DISTANCE OF 1320.31 FEET TO ANGLE POINT 5 OF TRACT 46, ALSO BEING THE
SOUTHEAST CORNER OF SAID GOVERNMENT LOT 10 AND THE NORTHWEST BOUNDARY OF THE
AMENDED PLAT OF LAURA J. ESTATES AS RECORDED IN BOOK 264 AT PAGE 119 IN THE OFFICE
OF THE CLERK AND RECORDER OF THE COUNTY OF EAGLE, STATE OF COLORADO; THENCE
ALONG THE NORTH AND WEST BOUNDARY OF SAID LAURA J. ESTATES THE FOLLOWING
NINETEEN (19) COURSES: 1) S 89° 20'53" W A DISTANCE OF 182.82 FEET; 2) N 00° 11'05" E A
DISTANCE OF 364.73 FEET; 3) S 89° 57'53" W A DISTANCE OF 236.80 FEET; 4) S 05° 52'07" E A
DISTANCE OF 52.54 FEET; 5) S02° 27'53" W A DISTANCE OF 51.41 FEET; 6) S 22° 46'53" W A
DISTANCE OF 108.46 FEET; 7) S 00° 05'07" E A DISTANCE OF 205.14 FEET; 8) S 11° 09'07" E A
DISTANCE OF 90.55 FEET; 9) S 17° 15'53" W A DISTANCE OF 79.16 FEET; 10) S 28° 12'53" W A
DISTANCE OF 90.82 FEET; 11) S 82° 15'53" W A DISTANCE OF 162.69 FEET; 12) S 60°06'53"W A
DISTANCE OF 135.86 FEET; 13) S 05°49'07" E A DISTANCE OF 36.83 FEET; 14) S 24° 04'53" W A
DISTANCE OF 96.33 FEET; 15) S 33° 15'53" W A DISTANCE OF 80.60 FEET; 16) S 35° 03'53" W A
DISTANCE OF 104.58 FEET; 17) S 09° 40'53" W A DISTANCE OF 41.48 FEET; 18) S 06° 46'07" E A
DISTANCE OF 134.08 FEET; 19) S 35° 57'53" W A DISTANCE OF 54.31 FEET TO A POINT ON THE
EASTERLY LINE OF COLORADO STATE HIGHWAY NO. 82; THENCE ALONG SAID EASTERLY LINE
THE FOLLOWING NINE (9) COURSES: 1) N 02° 35'48" E A DISTANCE OF 62.12 FEET; 2) N 57°
57'19" W A DISTANCE OF 224.17 FEET; 3) N 26° 10'11"W A DISTANCE OF 260.72 FEET;4)ALONG
THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2969.79 FEET AND A CENTRAL ANGLE
OF 13° 49'34", A DISTANCE OF 716.64 FEET, (CHORD BEARS N 31° 11'14" W A DISTANCE OF
714.90 FEET) 5) N 39° 29'38" W A DISTANCE OF 213.84 FEET; 6) N 43° 04'19"W A DISTANCE OF
399.20 FEET; 7) N 40° 12'01" W A DISTANCE OF 700.00 FEET; 8) N 44° 40'59" W A DISTANCE OF
127.94 FEET; 9) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 5804.58 FEET
AND A CENTRAL ANGLE OF 02° 27'59",A DISTANCE OF 249.87 FEET, (CHORD BEARS N 41°26'01"
W A DISTANCE OF 249.85 FEET); THENCE LEAVING SAID EASTERLY LINE S 86° 16'27" E A
DISTANCE OF 62.53 FEET; THENCE N 19° 50'03" W A DISTANCE OF 67.58 FEET; THENCE N 26°
04'13" W A DISTANCE OF 119.52 FEET; THENCE N 10° 47'33" W A DISTANCE OF 38.25 FEET;
THENCE N 05° 45'28" W A DISTANCE OF 44.33 FEET; THENCE N 00° 04'18" W A DISTANCE OF
DocuSign Envelope ID:984BC060-C245-4817-98B6-D7B8AF587412
EXHIBIT A:LEGAL DESCRIPTION
35.53 FEET; THENCE N 17° 31'03" E A DISTANCE OF 62.61 FEET TO A POINT ON THE EASTERLY
BOUNDARY OF THE FINAL PLAT OF SHADOWROCK TOWNHOMES, PHASE 1 AS RECORDED AS
RECEPTION NUMBER 200732940 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY
OF EAGLE, STATE OF COLORADO; THENCE ALONG SAID EASTERLY BOUNDARY THE FOLLOWING
NINE (9) COURSES: 1) N 17° 26'24" E A DISTANCE OF 84.30 FEET; 2) N 10° 35'36" E A DISTANCE
OF 206.63 FEET; 3) N 11° 59'44" E A DISTANCE OF 149.29 FEET;4)N 01°47'14"E A DISTANCE OF
23.73 FEET; 5) N 28° 16'10" W A DISTANCE OF 178.15 FEET; 6) N 11° 36'26" E A DISTANCE OF
49.39 FEET; 7) N 07° 51'14" W A DISTANCE OF 98.27 FEET; 8) N 19° 17'21" W A DISTANCE OF
34.40 FEET; 9) N 28° 12'44" W A DISTANCE OF 31h00 FEET TO ANGLE POINT 3 OF TRACT
38,THENCE N 00° 12'50"W ALONG LINE 3-2 OF TRACT 38 A DISTANCE OF 331.43 FEET TO ANGLE
POINT 2 OF TRACT 38, ALSO BEING THE SOUTHWEST CORNER OF SECTION 35, THE POINT OF
BEGINNING.
EXCEPTING THEREFROM A TRACT OF LAND CONTAINED IN THE DEED RECORDED FEBRUARY 3,
1982 IN BOOK 335 AT PAGE 987 AND IN DEED RECORDED IN BOOK 491 AT PAGE 67 AND IN DEED
RECORDED IN BOOK 555 AT PAGE 158 AND IN INSTRUMENT RECORDED APRIL 21, 1994 IN BOOK
638 AT PAGE 200.
ALSO EXCEPTING THEREFROM THE FOLLOWING:
A TRACT OF LAND SITUATED IN A PORTION OF SECTION 35, TOWNSHIP 7 SOUTH, RANGE 87
WEST AND A PORTION OF SECTION 2, TOWNSHIP 8 SOUTH, RANGE 87 WEST,ALL OF THE SIXTH
PRINCIPAL MERIDIAN, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT ANGLE POINT NO. 1,TRACT 38; THENCE S 00° 21'18" E,ALONG THE 1-6 LINE OF
SAID TRACT 38, 298.92 FEET; THENCE LEAVING SAID 1-6 LINE N 89° 56'14" W 1578.38 FEET;
THENCE N 00° 19'08"W 965.98 FEET TO A POINT ON THE NORTH LINE OF THE S1/2 OF THE S1/2
OF THE SW1/4 OF SAID SECTION 35; THENCE S 89° 57'22" E ALONG THE SAID NORTH LINE
1577.81 FEET TO THE C-S-S 1/64 CORNER OF SAID SECTION 35; THENCE LEAVING SAID NORTH
LINE S 00° 21'04" E A LONG THE NORTH SOUTH 1/4 LINE OF SECTION 35, 667.58 FEET TO THE
POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THE FOLLOWING: PARCEL A LOTS A-1,A-2,A-3,A-4,B-1,B-2,B-3,
C-1, G-1 AND L-1 AND TRACTS 0-2, 0-3, 0-6, 0-7, 0-8 AND 0-9 THE TREE FARM - PHASE ONE,
ACCORDING TO THE FINAL PLAT RECORDED JUNE 25, 2019 AS RECEPTION NO. 201909565. THE
TREE FARM - FUTURE DEVELOPMENT TRACT,ACCORDING TO THE FINAL PLAT RECORDED JUNE
25,2019 AS RECEPTION NO.201909565.
as recorded on 7/9/2009 at Reception#200914167