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HomeMy WebLinkAbout1976- 5 Establishing Special Development District 4t ORDITANCE N0. Series of 1976 AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT 4 AND APPENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP. WHEREAS, Article 1, Section 1.201, of the Zoning ...~ ~ Ordinance, Ordinance No. 8, Series of 1973, of the Town of Vail, Colorado, as amended, established thirteen zoning dis- tricts for the municipality, one of which is the Special Development District; WHEREAS, Mansfield Corporation and Gore Creek Associates, limited /partnership, submitted as owners applications requesting that the Town establish Special Development District 4, hereinafter referred to as "SD4", for the development on its parcel of land comprising 97.52 acres in the portion of the Lions Ridge area, County of Eagle, State of Colorado, which was annexed to the Town effective on the 16th day of December, 1975; WHEREAS, the establishment of the requested SD4 will ~ ensure unified and coordinated development and use of a critical 9 ~ site as a whole and in a manner suitable for the area in which it is situated; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to establish said SD4; NOW, THEREFORE, BE TT ORDAINED BY THE TOWN COUNCIL OF THL TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Titles. This ordinance shall be known as the "Ordinance Establishing Special Development District 4". Section 2. Amendment Procedures Fulfilled; Planning Commission Report. The amendment procedures prescribed in Section 21.500 of the Zoning Ordinance have been fully complied with and the Town Council has received the report of the Planning Commission recommending \~Y Town Clerk ~, • rr. ~ 'rte . ~ _~ the enactment of this ordinance. Section 3. Special 1evelopment District 4 Established; Amendments to zoning Ordinance and Official Zoning *~lap. Pursuant to the provisions of Articles 1, 13, and 21 of the Zoning Ordinance, Ordinance iVo. 3, Series of 1973, of the Town of Vail, Colorado, as amended, Special Development District 4 (SD4}, a special development zoning district, is hereby established for the development on a certain parcel of land comprising 97.52 acres in the Lions Ridge area of the Town, and the Zoning Ordinance and the Official Zoning Map are hereby amended by the addition of the following provisions which shall. become the Fourth Chapter of Article 13, the caption of which shall be "Special Development Distract 4", and a map which shall become an addition to the Official Zoning Map: A. Purposes. Special Development District 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, ~ provide adequate open space and recreational amenities, and promote the objectives of the Zoning Ordinance; Special Develop- ment District 4 is created to ensure that the development density will be relatively law and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning Commission, and there are significant aspects of the special development which cannot be satisfied through the imposition of standard zoning districts on the area. B. Special Development District ~ Established. (l) Special Development District 4 is established for the development on a parcel of land comprising 97.52 acres as more particularly described in Exhibit A Legal Description attached hereto and made a part hereof; Special Development District 4 and said 97.52 acres may be referred to as "SDI". (2} The District shall consist of four separate ~r~ Town Cti~:erk -2- ' ~ •~ r a £~ E` 1 i. development areas, as identified on the attached map consisting of the following approximate site: DEVELOPMENT AREA ACREAGE A ~ 16.82 B ao ~ c ~7 f D 3 f Development Area A is now owned by the Mansfield Corporation, nominee. Development Areas B, C, and D are now owned by Gore Creek Associates, a limited partnership organized under the laws of the State of Colorado. C. Development Plan Required. {1) Before the owner commences site preparation, building construction or other improvments within SD4, there shall be an Approved Development Plan for SD4. Development of SD4 may be phased by Development Area and within Development Area but a sufficient amount of information shall be supplied with respect to all Development Areas in order to allow the Planning Commission and Town Council to ensure the compatability of any Proposed Development Plan with the remainder of SD4. (2) Each Development Area shall be subject to a single Development Plan. Development Plans for a portion of Development Area must comply with the provisions, terms, and conditions of the Development Plan for the Development Area. (3) A Proposed Development Plan far SD4 shall be sub- mitted to the Zoning Administrator who shall refer the Development Plan to the Planning Commission and to the Design Review Board, which shall consider the plan at a regularly scheduled meeting, and a report of the Planning Commission setting forth its findings and recommendations shall be transmitted to the Town Council in ac- cordance with the applicable provisions of Article 21 hereof. ~~. 'Town ~ erk f -3 {~) Upon receipt of the Proposed Development Plan and Planning Commission report, the Town Council shall determine whether the plan is acceptable to the Town in accordance with the applicable provisions of Sections 21.505 and 21.506 hereof. This determination by the Town Council shall be made through its enactment F~ of an ordinance amending the provisions of SD4 to incorporate the Development Pian as an amendment thereto, and shall become the approved Development Plan. (5) The Approved Development Plan shall be used as the principal guide for all development within SD4. Amendemnts to an Approved Development Plan which da not change its substance and which are duly recommended in a report of the Planning Commission may be approved by the Town Council by resolution. Each phase of development shall require, prior to issuance of building permits, approval of the Design Review Board in accordance with applicable provisions of Article 15 hereof. D. Contents of Proposed Development Plans. (1) Before any site preparation, building construction r or improvements of any area within SD4, the developer shall submit to the Zoning Administrator an overall Environmental Impact Report for SD4 in accordance with the applicable provisions of Article lE hereof; provided that such overall Environmental Impact Report shall be supplemented with respect to each Development Area as hereinafter provided. {2) A Proposed Development Plan shall include, but is not limited to the following data: 1. The complete Environmental Impact Report together with a Supplemental Environmental Impact Report which brings the original Report to a current status, supplementing such report with respect to the Develop- . meat Area or Development Areas involved and is acceptable to the Zoning Administrator. 2. Existing contours having contour intervals of not more than five ( 5 ) feet if the average slope of the site is 20 per cent or less with contour intervals or not more than ten {10) feet if the average slope of the site is greater that 20 per cent. Existing and proposed contours after grading for each phase. Town ill erk ~.i -4- ~ a M 1 ~ .. ; • .~ s ~ E i 3. A conceptual site plan, at a scale not smaller that one (1) inch = 40 .feet, showing the locations and dimensions of all buildings and structures, uses therein, and all principal site development features, such as landscaped areas recreational facilities, pedestrial plazas and walkways, service entries, driveways, and off- street parking and loading areas. =~ 4. A preliminary landscape plan, at a -- scale not smaller than one (1) inch 40 feet, showing existing landscape features to be retained or removed, and showing, proposed landscaping and landscaped site development features, such as an outdoor recreational facilities, bicycle paths, trails, pedestrian plazas and walkways, water features and other elements for each development area. 5. Preliminary building elevations, sections, and floor plans, at a scale not smaller than 1/$ inch = 1 .foot, in sufficient detail to determine .floor area, gross residential floor area, interior circulation, location of uses within buildings, and the general scale and appearance of the proposed development for each development area. 6. A proposed plan of parking, loading, traffic circulation, and transit facilities; and a proposed program for .satisfying traffic and transportation needs generated by the development for each development area. ~ 7. A volumetric model of the site and the proposed development, at a scale not smaller than 1 inch = 100 feet, portraying the scale and relationships of the proposed development to the site and illustrating the form and mass of the proposed buildings for each development area. $. An architectural. model of each proposed building at a scale deemed appropriate to the development by the Zoning Administrator portraying design details for each phase. 9. A proposed program indicating order of construction phases, transportation facilities, and recreational amenities. 10. A proposal regarding the dedication to the Town or private ownership and maintenance of that portion of the Development Area within the 100- year floor plain of Gore Creek, In the event the 100--year flood plain is not dedicated to the Town such lands shall be subject to a right of public access to Gore Creek, and the right to use a portion of such lands for a•bicycle path, and for park purposes provided that the location and use of such .facilities and access shall be deter- mined by mutual agreement between the Town and the owner of .the development areas involved. E. Permitted Uses. Single-family residential dwellings, two-family ~ r, ' To~vrt f 1 erk -5- .., e. ~ ~t ~ y~, :,~ • ~ ~ r residential dwelling and residential cluster dwellings shall be permitted uses in Development Areas A, B, and C. Two family dwellings, residential cluster dwellings, and multiple family dwellings shall be permitted uses in Development Areas A & B., Professional offices and business offices, with a total gross floor area not to exceed ten thousand (10,000) square feet, shall be a permitted use in Development Area D. F. Conditional Uses. The following conditional uses shall be permitted subject to the issuance of a Conditional Use Permit in accordance with the provisions of Article 18 of this ordinance, far the various Development Areas as herein specified: CONDITIONAL USES Private clubs, civic, cultural and fraternal organizations Public utility and public services Public buildings, grounds and facilities Public park and recreation facilities Ski lifts and tows DEVELOPMENT AREA-A B C D X X X X X X X X X X X X X X X X X Institutional or educational center: provided that if said center is constructed, then the following shall be conditional uses in conjunction therewith: lodges including accessory eating, drinking or recreational establishments--not occupying more than 20% of the total gross floor area of the lodge to which it is accessory; X X Public or commercial parking facilities; X X Professional offices, business offices and X X studios. The term "institutional or Educational Center" shall c mean a public or private institution for learning, instruction or continuing education. Such facilities may be utilized for seminars or educational. programs and may include conference and meeting rooms, audio--visual facilities and necessary accessory useage such as dining rooms and efficiency dwelling units. The phrase "efficiency dwelling units" shall mean any room ar group of roams without full kitchen facilities, but which may include a refrigerator, sink and cook top of no more than two heating units, designed for ar adapted ?~~ . Towt}' ~1 erk v -6- ~ is t to occupancy by individuals attending the Institutional. ar Educata.onal Center; the efficienty dwelling units sha11 be accessible from common corridors, walks or balconies without passing through another efficiency dwelling unit, accommodation unit or dwelling unit and each said unit shall not exceed 400 square feet, and shall be considered in z determining the total GRFA allowed for each dovolopment area. G. Accessory Uses. The following accessory uses shall be permitted in Development Areas A, B, & C. 1. Home occupations, subject to issuance of a home occupations permit in accord with the provisions of Section 17.300 hereof. 2. Other uses customarily incidental and accessory to permitted ar conditional uses, and necessary for the operation thereof. The following accessory uses shall be permitted in Development Area C only. 1. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. Tn addition the fallowing accessory uses shall be permitted in Development Areas A and B. 1. Swimming pools, tennis courts, patios, or other recreational. facilities customarily incidental. to permitted or conditional uses, and necessary for the operation thereof. H. Density Control. 1. The number of dwelling units shall not exceed the following; Development Area A -~ 252 units Development Area B - 240 units Development Area C - 171 units Y. Development Standards. The following development standards are hereby approved by the Town Council; these standards shall be incorporated into the Approved Development Plan pertinent to each Development Area to protect the integrity of the development of SD4; the following are minimum development standards and shall apply unless mare restrictive standards are incorporated in the Approved Development Plan which is adopted by the Town Council. ,~~ Town (~ 1 erk -~ 7- . ~ 1. Setbacks. ~~.equired setbacks shall be as indicated in each Development Plan with a minimum setback on the periphery of the property of not less than 20 feet. 2. Distance Between Buildings. The minimum distances between all buildings shall be as indicated on. each Development Plan with a minimum of 15 feet, provided that one coot of additional ` separation between buildings shall be required for each 2 feet of building height over 15 feet, calculated on the basis of the average height of the two buildings 3. Height. The maximum height of a building in Area A shall be 45 feet. The maximum height of buildings in Areas B, C and D shall be 35 feet. 4. Density Control. The gross residential floor area of all buildings in each development area shall not exceed .35 GRFA in Area A, .30 GRFA in. Area B, and .25 GRFA in Area C. 5. Sate Coverage. In Areas A and B, no more than 35% of the total site area shall be covered by buildings, provided, if any portion of said areas is developed as an institutional or educational center, 45% of the area may be covered. In Areas C and D, no more that 25% of the total site area shall be covered by buildings. 6. Useable Open Space. Useable open space shall be as indicated on the Development Plans but in no case shall the same be less than 250 square feet exclusive of required front set- back areas shall be provided at ground level for each dwelling unit. Useable open space may be common space accessible to more than one dwelling unit, or may be private space accessible to separate dwelling units, or a combination thereof. At least 50 per cent of the required ground level useable open space shall be common space. The minimum dimension of any area qualifying as ground level useable open space shall be ten {10) feet. :1 Town ,;C~~erlc -8- ~ ~' • ` ~ ~• 7. Landscaping. At least the fallowing proportions of the total Development Area shall be landscaped as provided in the Development Plan (this shall include retention of natural landscape, if appropriato). Areas A and B, 50o and Areas C and D, 60%. If any portion of Areas A and B is developed as an institutional or educational center, these limitations may be modified in accordance with amendment procedures specified in Section 21.500 of the Zoning Ordinance. S:. Parking. Offstreet parking shall be provided in accordance with Article 14 of the Zoning Ordinance except that 75% of the required parking in Area A shall be located within the main building ar buildings. In Areas B and D, 50% of the required parking shall be located within the main building or buildings. On-site parking shall be provided for common carriers providing charter service to the development; said bus parking shall be indicated on the Development Plan. No parking or loading area shall be located in any required front setback area. If any '' portion of Areas A and B is developed as an institutional or educational center, these limitations may be modified in accordance with amend- meet procedures specified in Section 21.500 of the Zoning Ordinance. J. Recreation Amenities Tax. The recreational amenities tax due far the development with SD4 under Ordinance No. 2, Series of 1974, of the Town of Vail, Colorado, shall be assessed at a rate not to exceed $0.25 per square foot of the floor area in develop- ment Areas A, B, and C, and at a rate not to exceed $0.75 per square foot in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of a building permit. K. Conservation and Pollution Controls. (1) Developer's drainage plan shall include provision for prevention of pollution from surface run-off. (2) Developer shall include in the building construction energy and water conservation controls as general technology exists at the time of construction, ~c=-~ . Town~Clerk _gT .'- ~ - ~~ '~ ~ l,. Recreational Amenities. (1} The approved Development Plan shall include the following recreataona]. amenities: (a) Bike and pedestrian path traversing property from east property line to west property line shall be provided by developer with exact location to be mutually acceptable to developer and Town Council. PSI, Additional Amenities. private {1) Developer sha11 provide adequate /transportation services to the owners and guests of the development so as to transport them from the development to Village Core area andI~ionshead area as outlined in the approved Development Plan. (2) Developer shall provide an its approved Development Plan a bus shelter of a design and location mutually agreeable to developer and Town Council. Said shelter to serve the area generally. N. Limitation on Existence of Special Development Distract 4. Prior to the adoption of the Approved Development Plan, ~- the Town Council reserves to the Town the right to abrogate or modify SD4 for good cause through the enactment of an ordinance; provided, however, that in the event the Town Council finds it to be appropriate to consider whether to abrogate or modify SD4 the procedures shall be as provided i~. Section 21.500 of the Zoning Ordinance pertaining to amendments. 0. Addition to Official Zoning Map. Special Development District 4 sha11 be indicated on a map which amends and shall become an addition to the Official Zoning Map. ~, Towrt~~Cl erk -10- -' ~l ~ ~ ~'~ ~ ~. { Section 4. Effective Date. This ordinance shall. take effect in accordance with the provisions of the Charter of the Town of Vail. INTRODUCED, READ ON FIRST READING, APPROVED, and ~- ORDERED PUBLISHED ONCE IN FULL, this 10th day of February, 1976, and a public hearing on this ordinance shall. be held at the regular meeting of the Town Council of the Town of Vail, Colorado, on the 2nd day of March, 1976, at 7:30 P.M., in the Municipal Building of the Town. TOWN OF AI BY: ~ ~ ~ ~ ~~,, J n A . Dobson , Mayor ATTEST: ~~s ~~'i Town clerk ~` t INTRODUCED, READ, ADOPTED and ORDERED PUBLISHED in full this 2nd day of March, 1976. ATTEST : ~ , ~. / j ~ • } f~ ~ Town' Clerk ~ '•J .~ ~~ TOWN O V L BY : ~ .~ n A. Dobson, Mayor _.11_ - ~ ~i • EXHIBIT "A" KOELBEL PROPERTY DEVELOPP~iENT AREA A • Vail-Rose 12.370 acres A part of the SW 1/4 NE 1/4 of Section I2, Township 5 South, Range 81 West of the 6th P.M., described as follows: ginning at a point on the West line of said SW 1/4 NE 1/4 from which the North one-quarter corner of said Section bears North 0°15' East 2269.48 feet; thence North 0015" East, along said West Line, 152.36 feet to a point on the Southeasterly right of way line of U.S. Highway No. 6; thence, along said Southeasterly right of way line, as follows: North 52027' East, 102.31 feet; North 49°20' East, 519.57;feet; and North 48°13' East, 549.09 feet, more or less, to a point on the North line of said SW 1/4 NE 1/4; thence North 88°33' East, along the North line of said SW 1/4 NE, 368 feet, more or less, to a point on the centerline of Gare Creek; thence, along the centerline of Gore Creek, as follows: South South South South South West, 1064.10 fey 36049' West, 101.04 feet; 18°21' West, 54.08 feet; 1024' West, 205.02 feet; 12010' West, 110.25 feet; and 28°41' West, 242.35 feet, thence South 75°15" ~t to the point of beginning. Rose Parcel 3.190 acres A tract of land situated in the SW4NE4 of Section 12, TP 5 S., R. 81 W., of the 6th F.M., lying Southerly of that certain tract of land described in Book 199, Page 197, Northerly and Westerly of the center line of Gore Creek, and lying Northerly and Easterly of those certain tracts described in Book 211 at Page 106, Book 211 at Page 108 and Book 215 at Page 365, described as follows: Beginning at a point on the North-South center line of said Section 12 whence the North quarter corner of said Section 12 bears N. 00°15' E. 2269.48 feet; thence N. 75°15' E. 34&.26 feet to the true point of beginning, said point being on the South line of that tract described in Book 199, Page 197 and which bears S. 08°26' E. 2205.34 feet from the North quarter corner of said Section 12; thence N. 75°15' E. X7.84 feet along the Southerly line of that tract described in Book 199, Page 197 to the center of Gare Creek; thence S. 28041' W. 130.61 feet along the center line of said Creek; thence S. OS°24'30" E. 104.50 feet along the center line of said Creek; thence S. 49°29' W, 95.50 feet along the center line of said Creek; thence S. 22034' W. 124.47 feet along the center line of said Creek; thence S. 54000' W. 119.34 feet along the center line of said Creek; to the Southeast corner of that certain tract of land described in Book 211, Page 108; thence N. 33°16'30" W. 140.12 feet along the Easterly line of that tract described in Book 211 at page 108; thence N. 57042'30" W. 169.88 feet along the Northeasterly line of that tract described in Book 211 at page 108; thence N. 86°02'30" W. 162.92 feet along the Northerly line of those tracts described in Book 211 at Page 108 Book 217. at Page 106 to a point; thence N. 32°57'30" W. 76.08 feet along the Northeasterly line of that tract described in Book 21S at Page 365, to the point of beginning. 1. y ~ ~• ~ ` Heede Parcel 1.260 acres r' .` County of Eagle and State of Colorado, to wit: A tract of land situated in the SW4NE4 of Section 12, Township 5 South, Range Sl West of the 6th Principal Meridian, described as follows: Beginning at a point on the North-South center line of said Section 12 whence the North Quaxter Corner of said Section 12 bears North 00 degs. 15 mins, East 2269.48 feet; thence North 75 degs. 15 mins, East 346.26 feet; thence South 32 degs. 57 mins, 30 secs. East 76.08 feet; thence South 11 degs. 00 mins. 30 secs. West 279.99 feet to a point in the center of Gore Creek; thence North 50 degs. 32 mins, West 111,31 feet along the center line of said creek; thence North 38 degs. 40 mins. West 239.09 feet along the center line of said creek; thence South 76 degs. 35 mins. West 89.91 feet along the center line of said creek to a point on the North-South center line of said Section 12; thence North 00 degs. 15 mins, East 13,95 feet along the North-South center line of said Section 12 to the point of beginning. Total 16.820 acres GORE CREEK ASSOCIATES PROPERTY DEVELOPMENT PiREAS B, C & p Legal Description ,- 80.700 acres All that part of Section 12, Township 5 South, Range $1 West of the 6th P,M., described as follows: All that part of the N2NEa of Section 12, lying Southerly of the Southerly right-of-way line of U,S, Highway No. 6 and Northerly of the Southerly line of said N2NE4j as Shawn on the plat on file in the office of the Eagle County Clerk and Recorder as Document No. 97489, described as follows: Beginning at the highway survey monument at the intersection of the Southerly line of said highway and the Easterly line of said N~NEa, whence the Northeast corner of said Section 12 bears North 0003' West 634.785 feet; thence South 73026'30" West 1112.1,3 feet along the Southerly right of way line of said highway; thence South 70°34' West 125.10 feet along the Southerly right of way line o£ said highway; thence South 69°25' West 100,00 feet along the Southerly right of way line of said highway; thence South 65°50' West 100.00 feet along the Southerly line of said highway; thence South 62015' West 100.00 feet along the Southerly right of way line of said highway; thence South 58°40' West 100.00 feet along the Southerly right of way line of said highway; thence South 55°05' West 100.00 feet along the Southerly right of way line of said highway; thence South 51032' West 100,00 feet along the Southerly right of way line of said highway; thence South 47°57' West 232.58 feet along the Southerly right of way line of said highway to a point on the Southerly line of said N 2NE~ ; thence North 88°33' East 497.67 feet along the Southerly line of said N~ZNE~ to the center of the NEa of said Section 12; thence North 88°33' East 1379.35 feet along the Southerly line of said NxNEa to the Southeast corner of said N~NEz; thence North 0°03' West 760.95 feet along the Easterly line of said N2NE~ to its intersection with the Southerly line of said highway, the point of beginning, l CONTINUED AND All that part of the SWaNE4 of Section 12, lying Southerly of the center of Gare.Creek as shown on the plat on file in the office of the Eagle County Clerk and Recorder as Document No. 97489, described as follows:• Beginning at thence South said Creek; thence South thence South thence South thence South thence South the Northeast corner of said 88033' West 131.67 feet to a 40009' Wost 94.04 feet along 18021' West 54.08 feet along 1024' West 205.02 feet along 12°10' West 110.25 feet alon~ 2$°41' West 320.00 feet; SW4NE4; point in the center of the center of said Creek; the center of said Creek; the center of said Creek; ~ the center of said Creek; thence South 5°24'30" East, 170.00 feet along the center of said creek; thence South 27°00'02" West 85.24 feet along the center of said creek; thence South 54000' West 259,34 feet along the center of said creek; thence South 65034' West 109.62 feet along the center of said creek; thence South 69004' West 186.13 feet along the center of said creek; thence South 85025' West 68.85 feet along the center of said creek; thence North 77036' West 26.95 feet along the center of said creek; thence North 50°32' West 199.19 feet along the center of said creek; thence North 38040' West 239.09 feet along the center of said creek; thence South 76°35' West 89.91 feet along the center of said creek; to a point on the Westerly line of said SWQNE4; thence South 0015' West 461.90 feet to the center of said Section 12; thence North 89.02' East 1382.65 feet along the Southerly line of said SW4NE4 to the Southeast corner of said SWQNEa; thence North Oo06' East 1384.32 feet along the Easterly line of said SW4NE4 to the Northeast corner of said SWaNE4, the point of beginning, AND The NW4SEa of Section 12, Township 5 South, Range 81 West of the 6th P.M.; AND A11 that part of the SE4NW4 of Section 12, Township 5 South, Range 81 West of the 6th P.M., lying Southerly of the, Southerly right of way line of U.5. Highway No. 6, as shown on the plat on file in the office of the Eagle County Clerk and Recorder as Document No, 97489, described as follows: Beginning at the Southeast corner of said SE4NW4; thence South 89002' West 836.95 feet along the Southerly line of said SE4NWa to a point on the Southerly right of way line of said highway; thence North 52035' East 1057.07 feet along the Southerly right of way line of sand highway to a point on the Easterly line of said SE4NW4i thence South 0oI5' West 628.21 feet along the Easterly line of said SE4NW4 to the Southeast corner of said SE4NW4r the point of beginning; EXCEPT THE FOLLOWING: that part described in Book 188 at page 545; that part described in Book 191 at page 241; that part described in Book 203 at page 231; ~! ~i ~ CONTINUED that part described in Book 2Q3 at page 531; that certain island adjacent to the above-described property, and located in the middle of Gore Creek, which the parties intend to exclude from this transaction: County of Eagle, State of Colaarado