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Home My WebLink About1.0 ApplicationPUBLIC HEALTH AND ENVIRONMENT COLORADO DEPARTMENT OF Water QualitY Control Division .1300 CherrY Creek Drive South Denver, Colorado 80246-1530 APPLICANT: C 6 PHONE 970-2144 ADDRESS: P'O' Box 1002 CITY, STATE, Phone: 970-945-1004 Consulting Engineer: Schmueser Gordon Mever' Inc' Address: Proposed Location (Legal Description): NE 1/4' SE l/4' Section 12 City, State, ZiP: A. 1. 4. 5. Township: 75 Range: 89W County: Garfield Typeandcapacityoffacilityproposed:LiftStation&ForceMainXlnterceptorSewer Average llydraulic: 114'120 gaUday Organic: 326 lbs' BODy'daY present PE: 0 Design PE: 1141 Peakllydraulic: 285300 geUdaY o/o Domestic:-19!- 7o Industrial: Location of FacilitY: Attach a map of the area' which includes.the following: l-mile radius: 'habitable building" tpogt"ihy' and neighboring land uses' WillaStateorFederalgranUloanbesoughttofinanceanyportionofthisproject?No Present zoning of site area? Single'familv Residential Taningwithin a l-mile radius of site? See Mao what entity has the responsibitity for operating the proposed facility? Pego I of 4 l \1SOn97o49\G\Applicatids\WOCDSa (rovi8€d 241)'doc APPLICATIONFoRSITEAPPROVALFoRCONSTRUCTIONoRE)GANSIONoF: LIFT STATIONS AND INTERCEPTOR SEWERS 1. Who owns the land upon which the facility will be constructed? 8.Estimated Project cost: S150'000 who is financiary responsible for the construction and operation of the fac,ity? Bair chase Propertv companv' 9.Is the facility in a 1O0-year flood plain or other natural hazard area? No - See Floodplain Map If so. what precautions are being taken? Has the flood plain been designated by the colorado water Conservation Board' Department of Natural Resources or other agency: If so, what is that designation? FEMA 10.please include any additional factors that might help the water Quality control Division make an informed decisiononyourapplicationforsiteapproval. 11.The proposed lift station or interceptor sewer, rvhen fully developed, will generate the foltowing additional load: Peak Hydraulic (MGD): 621'150 P'E' to be served: 2511 t2.Describe emergency system in case of lift station and/or power failure' Remote hish level alarm to 13.Name and address of wastewater treatment plant providing treatment: Roarinq Fork water & Sanitation Page2ol 4 ll199n97049\G\Applications\WOCD-3a (revised 2-01 ) doc I certify that I am familiar with the the site in accordance with the reg' is enclosed. Recommend T)isaoproval al Planning AgencY Quality Planning AgencY of Applicant lstosrva, RF\'/-sD 14. APPLICATION FOR SITE APPROVAL FOR CONSTRUCTION OR BXPANSIOI{ OF: LIFT STATIONS AND INTERCEPTOR SEWERS The proposed lift station or interceptor sewer, when fu',y developed, wili increase the loading of the treatment plant to *- % of hydraulic and * o/o of organic capacity and RFWSD agrees to treat this wastewater? -X- Yes No (See Attached Statement Regarding Capacity) (Date) (Signature and Title) If you have anY further or questions, please call (303) 692-3500' B. C. Ifthefacilit'vwillbelocatedonoradjacenttoasitethatisownedormanagedbyafederalorstateagency,send the agency a copy oftnis applicationior the agency=s review and recommendation' Recommendation of governmental authorities: The application shall be forwarded to the planning agency of the city, town, or county.in whose jurisdiction(s) the lift station and/or interceptor sewer is to be rocate-tr. the appticant Jrratt obiain, from the appropriate planning agency (agencies), a state'mentls) of consiste;y "iiilprrporar ,oitn irre tocat comprehensive plan(s) as they relate d;r;"; q"uarity (subject to the provisions of 22'3(6))' The application shall be forwarded to the water quality planning agency (agencies) for the area in which the facilities are to be constructed and for the area to ue servea uy ttros'e iacititiis. rne applicant shall obtain' from the appropriate planning agency (agencies), a statement(s) ofconiistency ofthe proposal with any adopted water quality management Plan(s)' W(rn"ARegulations for the Site Application Process@' and have posted engineering report, as described UV it'" regulations' has been prepared and Signature of ReDresentative Typed Name,,,.'t\zo\zr:ot \?u: I ll1 997\97049\G\Applications\WQCD-3a (revised 2-01 )'doc Page 3 of 4 APPLICATIONFoRSITEAPPROVALFoRCONSTRUCTIONoREXPANSIONoF: LIFT STATiONS AND INTERCEPTOR SEWERS lrroinnENT To sITE APPLICATIoN ln accordance with c.R.S. 1gg1. 25-g-702 (2)(a), (b), and (c)' and the Regulationsfor the Site Apprication process@, the water euality contror oivision *u.t d"t"r.ir. irrui each"site location is consistent with the long range, comprehensive plannine foy tle area in which it is to u.-ir"ut"a. that the plant on the proposed site will be managed to minimize ihe potentiar adverse impacts on water quarity. and must encourage the consolidation of wastewater treatment works whenever feasible' In making this determination, the Division requires each appricant for a site approval for a domestic wastewater treatment works to supply an engineeri"g'r"plria"scriuing tffio;""t u*'a trtowlne the applicant=s capabilities to manage urra op.rutl'th. tu.,it", one. the life of the project to determine the potential adverse impacts on water quarity. The report shall be consiaerea the culmination of the pranning process and as a minimum shall address the following: Name and address of the aPPlicant; A map identifying the site of the proposed facilities' topography of the area' and neighboring land uses; Service area including existing and projected population, and flow/loading projections; Identificationofthetreatmententityresponsibleforreceivingandtreatingthewastewater; Legal arrangements showing contror of site for the project life or showing the ability of the entity to acquire tt "'i'it. ura use it for the project life. epprorli;; iht Division of an application for site approval stratt not be deemed to ue ahetermination tt ut tit" proposed tre.atment works is or is not necessary, that the proposed site is or is not the b".t;;;;iy '1t" t'po" which to locate such a treatment works, or that rocation of a treatment works on the site is or is not a reasonable public use justifying condemnation of the site. .lppronrr by the Division :11i* t:ftxl gl" a determination that the :ffi tTil::1ff"[[: JLl; fi il"; ";;, r th is r egu I at io n 22 (s c c R | 002 -22). Confirmationrinwriting'fromthewastewatertreatmententitythatit: Will treat the wastewater; Isnotpresentlyreceivingwastesinexcessofitsdesigncapacityasdefinedinitssiteapproval and/or discharge permit' oti' t"tA"' constr"ction*'"'? *'fint in-a phased construction of new or expanded faciliiies, and will have necessu'v "uputiti compreteo and operational prior to the discharge from the r.rn irrt"...pio. o. from the new or expanded lift station; Is not presentry in violation of any effluent parameters of its discharge permit or operating under a Notice of violation or,alor c"rre ana Desiit ora"t i.,- the Division resulting from discharge Permit violations' Evidence that the rift station and/or interceptor sewer will be operated and maintained by a responsible person if tne appiicant is not the treatment entity; and lmprementation plan and schedule, including estimated construction time and estimated start-up date' Depending on the proposed projelJ. some of the above items may not be applicable to address' In such cases' Smpty inJicate the non-applicability of those' Page 4 of 4 l:\1 997\97049\G\Applications\WOCD-3a (revised 2-01 )'doc BAIRCHASELIFTSTATION MAY 2OO3 RE-SUBMITTED FOR REVIEW MAY 2OO4 PrePared for Golorado Department of puUti" Health & Environment 222 South Sixth Street' Room 232 Grand Junction, Colorado 81501 PrePared bY Schmueser Gordon MeYer, lnc' 118 West 6th Street, Suite 200 Glenwood SPrings CO 81601 970.945.1004 APPLICATION FOR SITE APPROVAL FOR CONSTRUCTION OF LIFT STATION 111997\97049\G\Applications\CovER SHEET - SITE APP doc RECETVED SCHMUISER GORDON MDTER ENGINEERS SJRVEYORS May 1 1,2004 Mark Bean Garfield County Director of Planning 1oB 8th Street Glenwood SPrings, CO 81601 l II W. 6TH SUIrE 200 cLENwooD SPR|NGS co 8 I 60 L 970-945'I OO4 Fx'. g7O'94a-5944 P.O. BOX 2155 AsPEN. co 81612 970-925-6127 FXt 970-925-4 | 57 .=-=: a --1 P.O. BOX 3088 cREsrED BUnE. co Al2?4 970-349-5355 FX:970-349-5358 Dear Mark: I am submitting, with this letter, seven copies of the Application For site Approval for the construction of the Bair chase Lift station]'rrris apptication is being submitted rn conjunction with the preliminary Plan Application for'a,i' C#; Subdivision It Sanders Ranch P'U'D' that was submitted to your office on rtlrv sil, zoog' nfter a series of delays' this application has been scheduleOioi r"ri"* by the efinning Commission on June 9'2004' This lift station will deliver wastewater flows from Bair Chase and surrounding properties to the wastewater treatment plant owned [ftn"_n"*ing F?I water and sanitation District' once constructed, it will be conveyed to'the District for operation and maintenance' The District, rather tnan tne Jevetoper, is the appricant for site approval. Please begin the review process for this application' lf you have any questions' please call me at 945-1004' SincerelY, SCHMUESER GORDON MEYER, INC. Debbie DuleY, Project Manager Cc: Louis MeYer, RFWSD Engineer Jim Wells, Bair Chase General Manager MAY I 1 2004 GARFIELD COUNTY BUILDING & PLANNING SCHMUESER GORDON MEYER ATTACHMENT A wAsrEwATen ih'dairvr ir'rr p r-enr c AP AGITY The current capacity of the RFWSD treatment ptant is 1O7,OOO gpd: YanY :ilh" components of the facitity, inctudinj tne ore-1r9atment.;;;rJing' rilt"tion ou-ni'ndi piping' p-uTit' etc" had been sized for a capacity ot zit,000 gpd. il;;ffiitio*. to tne prlni aveiage around 25'000 gpd' or approximatety 23 percent of i1e pf"ni;, *p'city' lt n"s '-fuiays been iitended to phase in improvements to tnlir."ir."nt plant u"'LJ tjpon ilows. t"""nitG in" eO to 95 percent capacity figures of the "rrr"r,t plant capacit, rn-e-Oiil'ot na' O"'ontt'iGO tnrougn other documents that the tand area exists on the pr"r"ni']ii" ior a plant of over 1 MGD' Subsequent engineering reports, inctuding one submitted with the service Plan' documented the service Area for tnioistrict ano tne eipected propo."i'i;;[:oui poputation' lt is expected that prior to flow reaching the-capacity oiiii" ""tent wasteivlteitreatment plant' a second phase expansion *iri o.Jur. The instantaneous now capaciil;ith" lift sta-tion will exceed the hydrauric "no org";i" ;"Etitv "t in" iirrl'p"."1" ognt .,'n""6roingtv, this tift station has been desisned with variabte speed pump? ;;; [;i;;;.' Tne trow-iliir u""r*it"o so that it does not exceed the capacity of the current pf".ni. Wn"n plant expansion increases capacity' the lift station capacity will also be increaseo' V l:\1997\97049\G\Apdrcatrons\attachrentforsteApplrcatton(LOM)doc Roaring Fork Water and Sanitation District Eair Ghase Ranch Lift Station Engineering RePort Name & Address of APPlicant:Roaring Fork Water and Sanitation District P.O. Box 1002 Glenwood SPrings CO 81602 A map identifYing the neighboring land uses: site of the proposed facilities, topography of the area, and Theattachedone-mileradiusmapshowsbuildings,topography, andzoning'Thelocationoftheliftstationisshownontheattachedplan. Service area, including existing and proiected population' and flows/loading projections: TheserviceareaincludesBairChaseRanch,lowerCattleCreekareaandMidwayarea and is shown on the one-mile radius map. The Equivalent Residential Units (EQR's) for each area are shown on the attached Hydraulic calculation spreadsheet. To summarize' the "presenf' condition being designed for incrudes 3g0.4 EeR or 1141 peopre. The "present' condition includes Bair Chase and the current lower Cattle Creek development' plus imminent development in the rower cat.e creek area. The future condition incrudes the addition of the devetopment potential of the rower catae creek area and the Midway area as identifled in the RFwsD service Plan' The future condition includes 837 EQR or 2511 people' rdentification of the treatment entity responsibte for receiving and treating the wastewater: Roaring Fork Water and Sanitation District' neighboring land uses Legar arrangements showing contror of the site for the proiect rife or showing the ability of the entity to acquire the site and use it for the project life: The lift station and backup generator fallwithin the single-family Residential Zone District' the force main falls within the Right-of-way and designated Easements to be platted as shown on the Bair chase Ranch preriminary prat, attached. south of the Roaring Fork River crossing' the force main w,l be on property designated public River/utirity Easement and on RFWSD WWTF ProPertY. Writtenconfirmationforthewastewatertreatmententity: Seeattached]etterfromtheRFWSDunderthe,'AbilitytoService'.tab. Evidence that the *ft station wi, be operated and maintained by a responsible person if the application is not the treatment entity: Not applicable' The RFWSD is the treatment entity' lmplementation plan and schedule, including estimated construction time and estimated start-up date. The Bair Chase Ranch Preliminary county. The project must receive preliminary and Finar prat approval prior to construction' Approvars are anticipated to be received by Fart zoo'.construction of the rift station should begin July 2005 and start-up should be complete by December 2005' Lift Station BuoYancY Based upon the Geotechnicar Report for the project, there is no groundwater at the site' The 100 year floodprain elevation at the Roaring Fork River is 5947, the bottom of the lift station is 5966' Plan is simultianeously being submitted to Garfield 2 EmergencY Storage The lift station wilt be provided with a backup generator' Lift Station/Force Main Hydraulic Galculations Theliftstationisdesignedtooperateatarangeofflows(80gpmto435gpm)and conesponding head conditions. The operating points specified are for a low flow of 80 gpm up to a flow of 435 gpm in a future condition including frows from the cMC Midway area' ln the event the cMC Midway area crosses the Roaring Fork River to Rose Ranch, the station will provide a range of flows from g0 gpm to 305 gpm. This design flexibility will be accomprished by using a three-pump station, initially with two pumps and changing impeller size in the pumps as the sewage demand warrants. The station is designed wrth the additionalfuture cycle storage depth; it wilt be necessary to adjust the froat contrors with the increasing design frows' There will be two force mains installed to convey the sewage at a minimum of 2 fps, the 4', diameter will accommodate up to 200 gpm, while a 6,, diameter will be used for frows greater than 200 gpm' A varve w,r be insta*ed to switch to the rarger main when necessary based upon development' see attached spreadsheet for complete calculations' 1 3 RFWST) *ABILITY TO SERVE" AMENDED WATER SERVICE, PLAN PRE-INCLUSIONAGREEMENT l:u9Sn97049\G\ApCt6lrons\DIVIOER SHEET - ABILITY TO SERVE d6 RoARING FoRK W'lrnn E: SANITATIoN DTSTRICT P.o- Box'ooi' [#'**':T]:k::]:]ii" 81602 illiiroir"*iin' r"* (szo) s 47 -e220 MaY 5,2003 Garfield County Building and PJannrng Deparfinent ;TiN, Mark B"-, Planning Director 108 8o' Street, Suite 201 drlo*ooa SPrings, Colorado 81601 Dear IvIr- Bean: We are writing at the request of LinksVest/Baichas"' ''l'C'the owner of th3 Sanders Ranch pUD, to provide ""riuirr=#o*tioo * ;;J; by Section 4:92 of the Garfield County Regurations i, ,rpd;;;an appricatioi;:I#;J "iptaitinarv pla" for the Bair Chase i"f,ai"ition at Sanders Ranch PUD' The Roaring Fork water and sanitation District andrinksvest/Bairchas e,LLc' have entered into a pre-incrusion agreement c.es""["oJr, *or* "u,*"* ffi;v"tJBl:fou""' prior to the recording of the fiJffi;pt Pr,L. i;;*l'n*"t' prm-' t" submit a qgtilion to the District seeking inclusion ,ia;;G s*d"*ilJ pun *ioi"'.t " oiroi"' under the Agreement' uponthe receipt ri1ili""r*i"rrp"titiooili" oi'q"';nar perforrn all necessary steps required by lawto incrude ilililnmctrpub-*itti"thebouniaries of the District' including obtaining * ord".t;;G;, fr.,,, th;e;;"ld countv District court' The Agreement orovides that upon inclusion, th" Di't'i;;;Ilu" ouligatedio provide w.stewater treatment service to the Sanders Ranch PUD fo' ii 'LtiJt"tiuf i"d "o**"rcial uses prooosed in the ffiIffi".ff;#,L";;'.{"b5ffi*#[i$f:ilIJ##il;tt'"s*4"'sRanchPuD under the Agreement, Linksvest/Bairchase or its successors is required to construct all sewer facilities rr"""r.uri-a'r"*" the development, plus reasonable oversizing necessary to serve outside rroo"*r"r'#,ii", ;S."il"i;;J;.. Those portions of the sewer svstem necessary to ,erv" il;;J"* nuo"t' pUb tnd so"h oversizing as required' including lift stations, atl internal lines and Ur" "on""tlti1;;; A" nt*i"#;"t1Y{'er and-lanitation District wastewater treatment system,wi*-u" """r,*"LJuv r.iot rvest/Bairchase or its suocessors oursuant to final plat approval and u"otai'i'ioo i-p'*"Ii""t' agreement' to the engineering soecifications of the nist ict, *a *ifil" "o"""y"a .o the District upon completion free of any debt. Any additional improvgmeoo o"-"OJinthe future i"fu District for service to the proposed ,ouairirio-ru**-*al 5 for ,"*i"" to other p'p"foo *'tt'in the District's service area" wiu be tunded bv the District fr"*-;; f* p'v-"""' !:itd;;;;;;t' or other sources of tunds' under the Agreement, Linksves/B#cu*" *,r guur*i"e that arl sewer tap fees for a, uses within Sanders Ranch PUD will be paid over a *"-v"- p"loJ i9 qu "*ide security directly to the District for this obrigation. ;-;;i;;uao ,p""iur'Jirtrict that is currentry providing service to the Aspen Glen and c"ry.rid;h subdivisions" and as the agg.ryved service provrder to the nor" RurrJt p-uo, the District; frrllr;;qiry orn-"*"i"e a"y udditional improvements necessary a p'"ia" tervice to Sanders Ranch PUD' As outlined above, the District "* T1^*,r provide wastewater treatment r:*r" to the Sanders Ranch puD. rt is feasible from "r*ir,""iilil'#i;;;ip;;;iles for the District to do so' G FORK WATER & SANITATION DISTRICT RFWSD RECEIVED 'j;i'i i 'r :ijil1 ROARINGFORKWATERANDSANITATIoNDISTRICT SERVICE PLAN AMENDMENT December, 2000 PREPARED BY Schmueser Gordon MeYer, Inc' Balcomb & Green, P'C' .[irc Ilorrri,g rr.rri watcr & Sa.itatio. District (trrc"Districr") respecttirlrl'petitions trre Boi.rrcl 0f cor.rntv corrmissioners of G*rtrerd cor.,-rt;- (the "co*r.rissioners") to approve the r,vithin Ser'ice plan Amendment pLrrsLlant to Coloraclo's Special District Act (the "Act")' C.R.S.s$32-1-l0let.sgg.TlrisproposedSerr.icePlanAmendmentissubmittedin accordance rvith the provisions of C.R.S' 32-1-20712) and other applicable provisions of the Act. T. . INTRODUCTION TheDistrictrvastormallyorganizedandcreatedastheAspenGlenWater& Sanitation District by order of the District Court' Garfield County' entered on May 5' 1994' in civir Action No. g4cv2g. A copy of the order is attached as Exhibit A' The Service pran for the Aspe, Glen water & Sanitation District (the "service plan") was approved by the commissioners on January 31. 1994 in ResorutionNo. 94-008. A copy of Resolution 94- 008 is attached as Exhibit B. The District's name r'vas changed to the Roaring Fork Water & Sanitation District by order of Court enrered on July 13, 1998. A copy of the order approving the name change is attached as Exhibit C' The District was originaily organized to be the entity that would own and operate the domestic r,vater and waster,vater treatment t.acilities rvhich r,votrld provide suclr services to the Aspen Glen Planned Unit Development ("Aspen Glen")' As initially organized' the District boundarieswereco-extensil,ewitlrthebotrndariesofAspenGlenandinclr'rded approximatelyg38acres.InaccordancewithtlreSerl,icePlan.tlredeveloperofAspenGlen has consrructed the we*s. water treatment tacirities. rvater storage tac,iries and transmission RFTVSD - Scrvice Plun Amenclnrent Page 2 facilitics necessar' to pro'icle *'arer se^,,ice to ail of Aspe. GIu., at b,irir-o,t. r\iso as re.cluired in the Service plan. the .,\spen Glen der,,eloper clesiunecl a rvastewater treatmeltt facilitl' r'vhich r'voLtld be capable of providing regionalizecl rvastervater treatnrent services to Aspen Glen and other properties as iclentif ied in the Service plan. The first phase of this regionalized r'vaster'vater treatment tacility to-qether r.vith all collection lines. have been constructed and are nor'v in service. Presentiy. the District is providing water and rvastewater services to approximately 103 residential units rvitirin Aspen Glen, as well as the Aspen Glen clubhouse' the golf maintenance facilit,r-, and the Aspen Glen administrative and sales offices' As reqr'rired by the Service Plan. the Aspen Glen developer has transferred to the District all of the water and r'vastew'ater faciiities that have been constructed. During the proceedin'qs before the commissioners on the Service plan, the issue of regionalization of wastewater service was of significant importance to the State. the county and neighboring property owners. As a result the Service plan recognizes that the District,s wastewater treatment f'acility'"vill ultimately provide service to an area significantly _qreater than just Aspen Glen' The Service Plan describes two additional areas as capable of being served with wastewater treatment b1'the District pllrslrant to c.R.S. $ 32- 1-401 . Tirese areas are defined as the "service Area" and the "Expanded Service Area,,in a report commissioned by the colorado Department of Health and entitled "wastervater Management Study for the Lower Roaring Fork va,ey" (the "wastewater Management study,,). The "service Area" can be generally described to inch.rcle the follor.ving: 1) the crystal River Ranch' presently ttnde'eloped and lying soutrrwesterly of Aspen Glen; 2) trre RFIVSD - Service plan .4ntctttlment Puge 3 - Coryell Ralch. lorv Lleing deyelopecl arrd l1-ing ilrntediate[1' sor'rth olAspen Gien' and 2) tlte Burry Property, undeveloped. and h'ing generally to the east of Aspen Glen' The "Extepded Service Area" can be generaily described to inciude the fbllowing: 1) the Rose Rancir PUD rvhich lies to the north of Aspen Gler-r and rvhich has zoning and preliminary plan approval b1' the County tor an approximately 322 r'rnit residential subdivision; 2) the Sanders Ranch. the presently undeveioped land lying to the east of Aspen Glen; and 3) the developed propeny* iying to the north and east of Aspen Glen which is icientified as "mid-way"'in the Wastervater Management Study and generaily lies within an approximate one-half mile radius of the southerly intersection of Colorado State Highr'vay 82 and Garfield CountY Road 154' The Service Area and Expanded Service Area, as defined in the wastewater Management Study and the Service Plan, will hereinafter be referred to collectively as the "Regional Service Area'" At the time ofthe District's creation, the lands within the Regional service Area were either only partially developed or completely undeveloped' There were no foreseeable development plans. That situarion has changed' There are now tlvo major subdivisions ,,vithin the Regional Service Area at various Stages of development and other developments have been proposed. The existing domestic water facilities in the Regional Service Area are insufficient to meet the demand to be created by these new developments' While each of the newdevelopmentshaveplansfortheconstructionahdinstallationofstand-alonewater t-acilities. the efficiencies and economies of scale of regionalized water service by the District have become apparent. The deveiopers of both the coryell Ranch PUD and Rose Ranch RFIYSD - Service Plan Amendment Page 4 PUD hal'e therefbrc requesteci that their rvater svstenrs be i.te-srated lvith the District,s system and tliat the District assttnle ownc'rship ancl operation ola reeionalized rvater sy.ste,r. Negotiations amonq the District and de'eiopers to accor,plish this are virtuariy complete. However' althor'rgh the 1994 Se^'ice Plan contains annexation poiicies desi-enecl to facilitate the inclusio, of property r'vithin the Regional Service Area into the District for purposes of vrastewater treatment service. Service plan at p. 10-r2, the District,s ability to provide domestic water ser,ice is restricted under the Service plan to the District,s i,itial boundary' The Service Pian expressly states that the District must flrst obtain approvar for a Service Plan modification before it can provide "domestic r.vater service outside its initial boundaries'" Exhibit o to Service Plan. This Service plan Amendment is submitted for the purpose of obtaining such approval. The Service plan's provisions related to waster.vater treatment services wiil not be affected by this Service plan Amendment. II. STATUTORY REQUIREMENTS Material modifications of a special district's service plan are subject to approval by the Board of county commissioners "in substantially the same manner as is required for the approval of the original plan'" c'R.s. s32- l -207 (2). This Service plan Amendment should be approved by the Commissioners because it includes all necessary criteria and demonstrates by satisfactory evidence the following requirements of c.R.S. $32_l_203: A' There is sutficient existing and projected need for organized water service in the Regional Service Area; RF|L'SD - Seryice plon .,lmentltnent Page 5 - C. E. F. RFIVSD - SerYice Plan Amenclment Page 6 The existins water service ir"r the Regional Su-rvice Area is inadequate tor present and Projected needs: The District is capable of providing econouical and sutficient service to the Regional Service Area: The Regional Service Area has. or rvill have. tire financial ability to discirarge an-v proposed indebtedness on a reasonable basis; Adequateserviceisnot.orwillnotbe.avaiiabletotlreRegionalServiceArea through 'the Count;-, other existing rnunicipal or quasi-municipal corporations. including other existing special districts, within a reasonable time and on a basis comparable to that sotrght to be provided b,v the District: The facility and service standards of the District are compatible rvith the facility and service standards of Garfield County; The District's Amended Service Plan is in substantial compliance with the 1995 Gart-reld County Comprehensive PIan for Study Area One ("Comprehensive Plan"), which encompasses the Regional Service Area; The Service Plan Amendment is in compliance r'vith all duly adopted count'v' regional, or state iong range water quality management pians for the Regional Service Area; Authorizing the District to be the provider of domestic rvater service within the Regional Service Area will be in the best interests of the owners of propertY in that Area. B D. G. H. t. Accordingll" this r\nle-nded Ser'ice Pla. i,cluc.les a description of existinq serr,.ices pro'ided by the District (Section iII-{): a description of existi.g domestic warer service i. the Regiona'l Service Area (Section illB): a description of approved subdivisions rvithin the Regio.al Se^'ice Area and their requests to receive domestic r.vater service from the District (Sectio, IV); a statement of the advantaqes of having the District become the regional provider of domestic warer service (Section VA): u statement of policies by rvhich the District rvill provide regionalized domestic '"vater service (Section vB); a general description of tl-re facilities to be constrtrcted (Section vl); a t-rnanciar plan (Section vll); and a statemenr of compliance r'vith the counrv's comprehensive plan (Section vrII). uI. DESCRIPTION OF EXISTING SERVICES The District's Existing Domestic Ll/ater Service. The developers of Aspen Glen have constmcted all water faciiities necessary to serve Aspen Glen at build out and dedicated them to the District. These inciude rvells, rreatment facilities' storage tanks, transmission and distribution mains, and appurtenant fbcilities. The District is currentiy supplied through rvells drilled into the Roaring Fork alluvium' Two of the wells have w'ell pumps and drop pipes installed and are currentlv in use. A third rvell will be put on line in the near f_uture. The three r.veils have been pumped tested in excess of 700 gpm. The combined capacity of the three welrs is l3'10 gpm: (weii No. 2 -- 450 gpm. welr No. 3 -- 690 _epm, and well No' 4 -- 2oo gpm)' The capacity of the three r.vells exceeds the District,s projected maximum day demand of approximately 700 gpm fbr Aspen Glen at build out. This leaves RFLVSD - Service plan Amendntent Page 7 lu1 excess capacit)'ol6+0 gpm or 921.600 gpcl. 'l'he excess capacitr" has the potelltial to service an additional 1128 to3072 EQRs depending upon actlral $'ater use rvithin Aspen GIen and r,vhether neg'developments provide tbr seconclarf irrigation systems' I1additiop' the District has easements for an additiorlai 4 rvells r,vhich may be iocated u'ithin Aspen Glen' The three existing w'elis pump water to a r,vell house and chlorination treatment facility' Water from the wells is pumped to a below grade clear-well rvhere the rar'v water is chlorinated through the injection of a chlorine solution fed from gas chiorine cylinders' After 30 minutes of detention time, water is pumped through a series of distribr'rtion and transmission mains to two remote above ground r,velded steel lvater storage tanks' The District currently owns and operates two Storage tanks' One tank' located on the east side of Highway 82, has a capacity of 700.000 gallons' The second tani<' located rVest of county Road 109, has a capacity of 300.000 gallons. Both tanks are located at the same base elevation of 6200 feet. The tanks are tied together by a series of transmission mains and loopecl distribution mains. Individual distribution lines are looped to the greatest extent practicable, thereby minimizing dead-end lines' All water usage within the District is metered and billings for all rvater service are based on actual water use. The District has adopted a block rate structtlre to encollrage water conservation. B. Existing ll/uter service in The Regional service Area. The water service in the Regional Service Area outside of Aspen Glen currently consists of individuai rveils and small community water systems. They are o\'vned by individqals, private corporations. or homeowners' associations. Several of the systems have RFI,YSD - Ser,-ice Plan Antendment Page 8 a histor' olsubstantial failure. The rvells that service the comrnercial area ar the ..micl-wa).. area are in close proximitl'to individual selvage disposal systems (lsDS) rvhich could result in groundrvater contamination problems in the future. Because of a lack of storage capacir' in this area, there is a lack of adequate fire protection. None of the systems cLrrrentlv operatine in the Regional Service Area. except for the District's existins system witirin Aspen Glen. meet municipal qtrality water system standards. IV. . REQUESTS FOR SERVICE As indicated eariier. the District has received a number of requests to be the water service provider within the Regional Service Area. These requests are outlined below. A. Coryell Ranch. The Coryell Ranch Planned Unit Development has received pUD, preliminary plan. and Final Plat approval from Garfield County. The Coryell Ranch pUD consists of two separate subdivisions: Coryell Ranch Subdivision, containing 29 units, and Midland point Subdivision. containing 43 units. The Final Plats for both coryell Ranch and Midland point Subdivisions were recorded on January 18,2000. In accordance with the approval of coryeil Ranch PUD, Coryell Ranch and Midland Point Subdivisions wiil receive wastewater treatment service from the District. To that end, Coryell Ranch pUD has been annexed into the District by order of Court dated February g,2000 (copy attached as Exhibit D). with respect to domestic water service, the coryell Ranch preliminary plan and Final Plat submittals indicated that the coryell Ranch developer, at its expense. r.vould construct an independent, stand-alone domestic r,vater system. The application also indicated that the RFtl/SD - Seryice Plan Amendment Page 9 Corl.ell Ralciywater systell rvor.rid be constrttctecl to t[e stanclards and specitications of the District's existing system and that the necessary tacilities to interconnect the Coryell Ranch system to the District's svstem r,vould be instailed' The application also proposed that the system rvor-rld be owned and operated bi'the Coryell Ranch and Midland Point Homeowners Associations: (i) until such tirne as the District obtained an amendment to its Service Plan allowing it to provide water service outside Aspen Glen: and (ii) until execution of an agreement, acceptable to the District, which contains the terms and conditions on which the District'uvould accept the responsibility of owning and operating the Coryell Ranch system' By its approval of coryell Ranch and Midiand Point Gartield county indicated its approval ofthese concepts. Pursuant to the County's approvals, the Coryell Ranch rvater system is in its final stages of construction. The rvater system improvements include a well field' chlorination/control ,"vell house, a 200,000 gallon lvater storage tank, and the associated water distribution and transmission lines. The Coryell Ranch water system has been looped into the District's existing system by a water line under the Roaring Fork River' The Coryell Ranch water storage tank has the same base elevation as both of the District's existing storage tanks. Projected maximum day demands for both coryell Ranch Subdivision and Midland Point Subdivision is 53 gallons per minute. Coryell Ranch Well No' 13' permitted by the colorado Division of water Resources on March g, 1999 under Permit Nos' 05 1447-F has been pumped tested and is capable of supplying tlows significantly in excess of the RFTVSD - Service Plan Amendment Pctge l0 llla'\il]]um day demand tbr the coryell Ranch PUD and nrar,l,ield as much as 1.000 gallons per minute ',vith a properlv constructecl rvell. B. Rose Ranclt The Rose Ranch Pianned Unit Der,'eiopmenr has receir,'ed puD and prelimi,ary plan approval from Garfield countv. In addition. Gart-reld cor-rnty has approved the Final plat tbr Rose Ranch Phase I and this Final Plat'"vas recorded on September 1i,2000. Rose Ranch PUD will ultimately consist of approximately 322 residential dwelling units. A golf clubhouse and other amenities are also inciuded r,vithin the de'elopment. In accordance rvith the approval of Rose Ranch puD. the development will receive waste\'vater treatment service from the District. To that end. the developer of Rose Ranch and the District have entered into a Pre-Inclusion Agreement dated February, 1999 (copy attached as Exhibit E), which sets forth the terms and conditions upon which the District will provide Rose Ranch with wastewater treatment service. In accordance with applicable provisions of that Pre-lnclusion Agreement, on September i I , 2000, simultaneously with the recording of the Rose Ranch Final Plat Phase 1, the Rose Ranch developer deposited $657'580'00 with the District to allow the District to consrruct an expansion of its wastewater treatment plant rvhen one is necessary to provide service to Rose Ranch. with respect to domestic water service. the Rose Ranch preliminary plan and Final Plat for Phase I indicate that the Rose Ranch developer wilr, at irs expense, construct a warer supply consisting of two surface water diversion points, one on the Robertson Ditch, and a second on the Roaring Fork River. The water from these surface water diversions will be treated via chlorination. settling ponds and filtration. The treated water will be pumped to RFIVSD - Service plan Amenclnent Page I I a300.000gallonStoragetanklocatedontlresoLtth.endol.thesiteatthesatrrebaseelevatiorr as the District's existing storage tanks. Tlie Rose Rancir applicirtions indicated that the Rose Ranch svstem r.vas designed to be a stand-albne system and rvould be operated by tl're Rose Ranch Homeowners Association. Hor'vever, in the application" the developer also requested the abilitl'to turn the system over to the District if an Amendment to the District Service Plan was obtained and the terms on rvhich the District u'ould accept the s1'stem and provide service to Rose Ranch could be negotiated between the District and the developer' In furtherance of this request, the Rose Ranch developer committed to build all of its water system to standards and specifications acceptable to the District and to constructa12- inch main line which w'ill allow connection of the District's existing facilities to the Rose Ranch system' C. Other Requests' The owner of Sanders Ranch property has also asked the District to provide water service to a development proposed for that properfy' The District has been advised that the development application for the Sanders Ranch prope .v, filed in September' 2000 and nolv moving through the Gart'ield County land use process' requests approval for a development thatisgenerallyconsistentwiththeGarheldCountyComprehensivePlanforthatproperr'Y' v. REGIONALIZATIONoFDOMESTICWATERSERVICE A. Advantuges of Regionalizotion' Inordertorespondtothetbregoingrequests,theDistricthascareftrllyconsideredthe concept of becoming the regional provider of domestic rvater. as lvell as wastewater' service' RFWSD - Service Plan Amendment Page l2 At this time' the District believes that there are many advantases to having the District provide both water and wastew'ater treatment service to the Re-eio.al Service Area. The Countv' and' to the extent it has aLrthority, the colorado Department of public Health and Environment' have both expressed a pref'erence that rvater utirity systems be owned' operated' and maintained b1'a governmental or quasi-governmental entity instead of a private' individual entity, or homeor,vners' association. ownership by the latter _eroup will only proliferate without this Service pran Amendment. Assuming approval of this Service Plan Amendment and successfui negotiation of final agreements' the District lvill own and operate a rarge, unified water system. with redundant sources of supply and treatment, which wiil provide water service to the three major developments approved between carbondale and westbank. The District will also have the legal authority to provide rvater service to other properties r.vithin the Regional Service Area that may not otherwise be able to provide for adequate water supply, water storage' and fire protection' customers, contractors, and the county can work with one entity instead of many different developers or homeowners' associations. one consolidated District providing both r'vater and sewer service ,,vill result in one mill lev.v assessment, service fee. and tap fee. Because the District is alreadv providing both water and sewer service to Aspen Glen, it is already well-equipped to handle the transition to a regional provider of water. The District has full operational, engineering, legal and administrative support staffs. The District has adopted Rules and Regulations for both services. The District,s specifications RFLI/SD - Service plan Amenclment Page I 3 H are ser up tbr both lvater and sew'er intiastructure. The District's billing s)'stenl is set r'rp tbr cLlstomers receiving both ll'ater and server sert''ice' Consolidated water tacilities .,vi1l provide a sat-er and more reiiable \\'ater supply. For example. tl-re District will have lvater supplies consisting of multiple rvell t-relds and surface water sr-rpplies. If consolidation occurs. then each property or customer will beneilt from the reliabiliti,and safety of multiple supplies rather than reliance on a single stand-aione system. If the quality of water in the Roaring Fork River is threatened with a hazardous r'vaste spiil' or is subject to high turbidities during spring runoff, then customers in Rose Ranch can benefit from the ground water supplies fiom other well fields r,vithin the District. If a weil in Aspen GIen fails or deteriorates, a second source of suppiy from a surface water Source will be of great benefit. Niultiple water storage tanks rvill contribute to safety and reliabiliry. Rather than rely upon individual water storage tanks for each property, water storage through the District can be master planned so that customers can benefit from storage in several tanks. This will also result in the need for a smaller number of tanks. Because the largest need component of rvater srorage volume is fire flow. the ultimate volume required from a consolidated District r,vill be much less than if each individual property needed to supply fire flow volume' The size of transmission lines from the tank to the development can be smaller if they are looped to multiple tanks. Fire flow will be higher and more consistent from multiple tanks. RFWSD - Service Plan Amcndment Page l1 B' Policies Regording lvater service to trre Rcgi,ttor scrvice Arco. Having determined tl-rat the reqLrests fiom nerv clevelopment establisir t5e .eed for domestic water service witiiin tire Regionai Service r\rea. and having tlrrther cletermined that there are advantages to be,qained by so doing. tlie District has concluded that it is appropriate for the District to be the regional provider of both \,vater and sewer. To this end the District has examined the annexation poiicy set out in the Service plan and the Out of District Service contracts attached as Exhibits to the Service plan. These d.ocuments address the manner in which the District's wastelvater treatment facilities wiil be expanded and sewer service will be provided to propertv rvhich was not r,vithin the District,s initial boundaries. These documents establish the premise that the District's r.vastewater facilities and service will be expanded upon the funding of the initial capital costs of new or expanded facilities by the developer of the new property seeking service. These documents also establish that this premise is to be uniformly appiied to all properties seeking new or expanded service. The District believes that the foregoing principais established in the Service plan have served it well and have accommodated the expansion of its wastewater treatment facilities and service without undue burden on existing customers or service area. The District theretbre believes that these principals can be incorporated into an analogous policy r'vhich "vill allow the District to become the regional provider of domestic water service. The District therefore proposes the following Statement of policy enumerating the terms and conditions upon r'vhich the Roaring Fork water & Sanitation District will provide domestic water service to new development on property outside the boundaries of the Aspen Glen PUD. RFIYSD - Service Plan Amentlment Page I 5 1. :\n applicapt tbr domestic *'atcr service rvill, at his expense' construct all of the rvholesale \\'ater tacilities (sgppll'. treatlnent. storage and main transmission tacilities) necessary to provide domestic rvater service to his project' and convev tl-rose rvholesale facilities to the District at no cost' 2. As an aiternative to No. 1, above. an applicant for domestic rvater service' oI his engineer. together with the District's engineer. rvill quantify the cost to such applicant if he lvere compelled to construct his own independent domestic \'vater System for the applicant,s proposed project. This cost will include the cost of facilities to provide a water suppty and water treatment. It r,vill not include cost of water trunk lines. water service lines' or lines to connect the new project to existing District facilities' It will not include cost of additional water storage if a storage site exists on the applicant's property' but will include cost of storage if the applicant wants to make use of existing District storage' 3. The applicant w.ill pay to the District the sum calculated pursuant to paragraph 2, above, or an alternative sum acceptable to the District given the District's then existing facilities and the need for expansion to provide service to the applicant's project' 4. Upon such payment. rhe District w'ill commit to provide water service to the applicant,s project and to build the necessary facilities to fulfill that commitment' However' the actual use of the money paid. and the timing of such expenditures' rvill be in the discretion of the District. The obligation to construct the source of supply and treatment will be the District's at the time the additional source of supply is necessary' 5. The District and the applicant lvill enter into a tap fee recovery agreement which will provide that the applicant may recover the cost of construction of his system' or RFTYSD - Service Plan Amendment Page l6 the sum paid pttrsuant to paragraph 2. above. as the case may be. tiom tap t'ees collecterl fiom properties witirin the appiicant's project. 6' The applicant will be responsible for ali internai delivery lines r.vithin in its project and for connection to existing District f'acilities. All such facilities will be constructed to the District's specifications and the District ,,vill have rights of inspection. 7 ' The appiicant will construct additional storage if necessary and a storage site is available' and the cost thereof is excluded in paragraph 2. above. 8' The applicant will convey all necessary water ri-ehts to the District to enable the District to provide "t'ater service to the applicant's project. This includes all necessary water allotment contracts. 9' The applicant will convey all necessary easements or fee title of property to the District for water supply and treatment sites, water lines, and other water facilities. l0' The District will require, except in extraordinary circumstances to be determined by the Board on a case by case basis, that aI projects install a secondary irrigation system, so all irrigating is done with untreated water in systems that are not owned, controlled or operated by the District. Prior to providing service to ne\.v development within the Regional Service Area, all of the foregoing policies will be addressed and resolved to the sarisfaction of the District in Facilities Extension Agreements or Pre-inclusion Agreements. These policies form the basis of the agreements now being negotiated between the District and Coryell Ranch and Rose Ranch as those properties appear to want to turn over their water systems to the District as soon as this Service Plan Amendment is approved. Future agreements shall be conceptually RFWSD - Service plan Amendmant Page l7 cousistent with the fbregoing policies and the aqre-ements I1o\'v beirrg negotiated' Modit-rcations on a case-by-case basis tlay be necessary because of matters related to the actual cost of construction, geographic distinctions in the property reqllesting such service' the extent that the newly-included property utilizes common elements and other factors particular to the property in question. The District will also retain the flexibility to modify the policies r,vhen responding to requests to provide service to pre-existing development within the Regional Service Area which now have individual weils or small community systems. vI. WATER RIGHTS AND FACILITIES FOR REGIONAL SYSTEM A. lYater Rights. In the Service Plan, the Commissioners were informed that the developers of Aspen Glen had filed an application for a plan for augmentation to allow for the build-out of the entire Aspen Glen PUD. The augmentation plan was approved by the Water Court in Division 5 in Case No. 93CW192, on December 7,1995' The Service Pian also recognized that the water rights to be used by the District rvere owned by the developers of Aspen GIen. It provided that they were to be conveyed to the District. On December 16, 1996 the appropriate lvater rights were conveyed to the District' A copy of the Deed transfening those water rights to the District is attached as Exhibit F' As stated in Policy No. 8 above, provision of water service to property within the Regional Service Area will be conditioned upon the conveyance to the District owners of water rights that are sufficient to enable the District to provide the service being requested' RFWSD - Service Plan Amenclment Page l8 ln firct' the de'elopers ol both co^'ell Ranch ancl Rose Ranch have obtai.eci their o,"vn aLlgmentation decrees and have expressed their lvilli,gness to convev tire appropriate lvater rights to the District upon tlte District's assLrmprion of the individual water svsrems. B. lYater Supply, Storage ctnd Tronsntission. Exhibit G is a map which shorvs the schematic infrastructure necessary for the Regional Service Area' water sr:pplv r.vi11 initially come tiom groundwater sources incl,ding the Aspen Glen and coryell ',vell fields. These two sources are projected to able to supply in excess of 2340 GPM (:'37 vlGD). This amount of water is adequate to suppiy water ro 3850 EQR's. This is based upon 3.,5 persons per EeR. r00 Gallons per capita per day, and a 2'5 peaking factor of Maximum day to Average Day demand. This also assumes that all development will comply with the Districts Raw water Irrigation policy,,vhich requires that Secondary water systems provide rvater for outside rawn irrigation. The projected number of EQR's in the regional service area is 1962 asshown in Table III-l which projects EQR's and water requirements. A back up supply of water may be available through a surface water treatment plant which may be located on rhe Rose Ranch' which has been a part of the Rose Ranch land use application. The combination of the existing and future ground water supplies and the potential for a surface water supply provides redundancy of supply, more than adequate quantity and finally the fiexibility that "vill be required to meet the ever changing provisions of the Safe Drinking water Act now and into the future. RFLVSD - Service Plon Amenclntent Page l9 Table tII-1 ROARING FORK WATER AND SANITATTON DISTRICT REGIONAL SERVICE AREA OCTOBER,2OOO SGM INC. Note: The projections of EQR's are estimates only, and are used to allow for future planning of wholesale water and wastewater infrastucture' vu. FINANCIAL PLAN The developers of Aspen Glen constructed the existing facilities described above and transferred them to the District at no cost to the District. The District currently has no bonded indebtedness' RFWSD - Service Plan Amendment Page 20 PROPERTY EQR POPULATION FLOW PER CAPITA (GPCD) ADF (GPD) MDF (GPD) ASPEN GLEN 643 1 929 100 1 92900 482250 cRvsral RIVER B4!!H 320 960 100 96000 240000 CORYELL 72 216 100 21 600 54000 r,,VEST CNNBONDALE to CA 100 5400 1 3500 BURRY 10 30 100 3000 7500 SANDERS RANCH 120 360 100 36000 90000 ROSE RANCH 354 1062 100 1 06200 265500 MIDWAY AREA 122 Jbb 100 36600 91 500 H LAZY F 110 330 100 33000 82500 TEIIEN SPRINGS 22 66 100 6600 1 6500 100 1 5000 37500 CATTLE CREEK I NTEtsgECT]9N 50 150 MOUNTAIN MEAQQ]ry! MUP 20 60 100 6000 1 5000 ffioallE lBnYEL Plr ot 183 100 1 8300 45750 Wrl-E n u o o rc ATT L E c R E E K 120 100 1 2000 30000 1 962 5886 588600 1471500 It is expected that the transtbrmation of the District into a regional provider of domestic \'vater service',vill also be accomplished without the irnmediate need to incur debt or to tund capital expansion. Pursuant to the Policies enumerated in Section vB. above, the facilities extension agreements cLlrrentiy being negotiated with property owners lvithin the Regional Service Area provide that the costs of expanding domestic water service will be the responsibility of those seeking such service. Such agreements r.vill also cover matters of construction and reimbursement for any partv who participates in the construction of water facilities' All of these terms will be conceptually consistent rvith the construction and reimbursement a'qreements related to wastervater facilities which are found at Exhibit J in the Service Plan. Pursuant to the Policies, the water supply, treatment, storage, and transmission lines will either be constructed by the developers of the previously identified puDs and subsequently transferred to the District at no charge, or will be built by the District with funds paid to it in advance by the pUD developers. Additionally, the District will, subject to applicable law and affirmative vote of the electors of the District, have the ability to issue general obligation bonds to make improvements to the facilities of the District. No specific bond issues are anticipated at this time' In the event the District should determine in the future to issue general obligation bonds, it will be done in accordance with the Special District Act and applicable provisions of Act. X, Sec. 20 of the Colorado Constitution. RFTYSD - Semice Plan Amenclment Page 2 I VIII. CONIPLIANCE WITH COMPREHENSIVE PLAN Pursuant to this Sen'ice Plan Amendment. the District is seeking the authoritv to become the domestic water service provider tbr all property w'ithin the Regional Service Area. The District's motivation for sr-rbmitting this Service Plan Amendment is the requests it has received from Coryeil Ranch PUD and Rose Ranch PUD, developments which have already been approved by Garfield County. Additionally, the District would Iike to have the ability to provide water service to pre-existing developments within the Regional Service Area which may be in need of safer, more reiiable water service. The District is not, by this Service Plan Amendment, seeking to construct water supply, storage, treatment or delivery facilities which will provide capacities in excess of those necessary to serve developments already approved and requesting service. Instead, this Service Plan Amendment r.vill authorize the District to provide domestic water service to the same area it provides wastelvater service and establishes policies by which new development can construct or pay for expansion of the District's domestic water facilities if that development is approved by the Countv. The District therefore submits that this Service Plan Amendment is in compliance with Garfield County's comprehensive plan for Study Area 1. IX. COMPLIANCE WITH STATUTORY CRITERIA The District submits that this Service Plan Amendment satisfies all requirements for approval and acceptance by the Commissioners pursuant to C.R.S.$ 32- 1- 101 , et. seq. The requests for service received by the District by approved subdivisions and the advantages to RFIVSD - Service Plan Amendment Page 22 be gaineC bv havittq the District be tlie reqional provider of both water and sen,er establish the inadeqr.racy of existing water s)'stems. the need tbr organized service and that the expansion of the District's water service is in the best interests of the owlters of propertv '"vitirin lhe Regional Sen'ice Area. There are no other municipal or quasi-municipal providers of domestic \'vater service within the Regional Service Area and the County does not provide such service. The facility and service standards for domestic r,vater service within the Regional Service Area will be the same as those already approved in the District's existing Service Plan. Finally, this Service Plan Amendment complies rvith the Garfieid Countl'Comprehensive Plan and all duiy adopted County, Regional and State iong range water qualitv management pians. WHEREFORE, the District respectfully requests that the Board of County Commissioners of Garfield County, Colorado, adopt a resolution approving this Service Plan Amendment for the Roaring Fork Water & Sanitation District. c \vp-docs,LG.IFWSD\. ll-18-00 RFTYSD - Service Plan Amendnent Page )3 DISTRICT COURT, GARFIELD COUNTY, STATE OF COLORADO Case No. 94CV29 ORDER AND DECREE CREATING DISTRICT IN RE: THE ORGANIZATION OF THE ASPEN GLEN WATER & SANITATION DISTRICT THIS MATTER, coming before the Court upon the Motion for Order Declaring District Organized submitted by the Petitioners in support of the Aspen GIen Water & Sanitation District, and it. appearing to the Court that the election was held on May 3, L994 |in accordance with- the Order CalIing Election on Organization entered by this Court on April 6t 1994 (hereafter "Order")1 and IT FURTHER APPEARING that the aforesaid election was duly held at the time and place set forth in the Order and that at said election there was submitted to the eligible electors the question of the organization of the Aspen Glen Water & Sanitation District, Garfield County, Colorado, and the election of the initial Board of Directors for such District, together with all questions necessary to implement the provisions of Article X, Section 20, of the Colorado Constitution as specified in the Order; and IT FURTHER APPEARING that the required Notice of Election was duly published in compliance with the aforementioned Order in the Valley Journal, a ne\^rspaper of general circulation in the proposed District, one time, at least ten days prior to the election; that notice was duly mailed pursuant to Article Xt Section 20 of the Colorado Constitution, and the applicable provisions of C.R.S. 1-5- 206(21 | C.R.S. L-5-207 | and C.R.S. 32'L-1101(2), all in compliance with law and the Order; that all of the ballots which were cast at said election were cast by eligible electors of the proposed District who were registered to vote pursuant to the Uniform Election Code of 1992 and who either had been residents of the proposed District for not less than twenty-five (25) daysr.or who or whose spouse owns taxable real or personal property situated within the boundaries of the proposed District, whether said person resides within the proposed District or notr or who are obligated to pay taxes under i contract to purchase taxable property within the boundaries of the proposed District. EXHIBIT A THE COURTquestion of the That thesaid election20, Colorado FiNDS that the followingproposed District:ballots were cast on the Votes Cast For the organizaLion of theAspen GIen Water & Sanitation District Against the organization of theAspen GIen Water & Sanitation District That the followingDirectors of the oistriJttheir name: qualified persons werefor the indicated terms duly elected asset forth beside Name John R. E1kins James A. WoodsTerri Hart Jon T. BrownMichael I{. Elkins Term 4 years (unti1 regular election 4 years (unti1 regular election4 years (untiI regular election ! years (unti1 regular election2 years (until regular election following barrot issues were approved as submitted atpursuant to c.R.s. 32-1-Bo3(5)-ind Articre X, sectionconstitution, receiving the votes indicated herein: 1998 1998 1998 1995 1ee6 ) #1 SHAIL ASPEN GLEN WATER & SANITATTON DISTRTCT TAXES BETNCREASED s120,000 ANNUATLY or.by "o.r, t"=ser annual amount as may!e-n.ecelsary to pay the Distric[,.,"-!"n"r.r costs or evidences ofindebtedness; such taxes to consist Lf an ad valorem property tax*l]1 le'y imposed at the initial r.t. "i 7.9g1 millsr or at suchother rate and in amounts, without rimititi"nl- ",irficient toproduce the annual increase set forth above or such lesser amountas may be necessary; and shaII the revenue from such taxes and anyother monies used .to p.y such g".r..ui """t" or other evidences ofindebtedness, and invdsthent iniom" ih";;;n, be corlected and spentby the District without reqard t9 11r "*p""aiturer;";-";;"_raising,or other limitation contained within aiiicle x, section 20 of theColorado Constitution? YES 7 NO --Ir-- t 3 ". r"11r"",*:,nT"-:lII.IllEl^1_slyTAIroN DrsrRrcr DEBr BE TNCRBASED (j(JrtsJ_st ofa promissory note. sec-ured by the ."rr..rr"=-of the oistrict, or otherevidences of indebtednes=, i"=u"d for the purpose of Ar:.rtri rin.r ra.le purpose of acquiring real::;:i:iYt. ::,, :ln:Iy',': - ?::yil'l?r - "*"i.;I;i;s;' il:;iiiiJ =:; c omp I et ino anv or ar 1 f ac i 1 i€ i" = r,d. " ";;i' ;;; "i"Tjt.i"i" i'r'J.liroiii -2- *3 .SHAIL ASPEN GLEN WATER & SANITATION DISTRICT COllECt ANd SPCNd, without fimitation 1i1 pto".LJ= of debt incurred following voter approval .tt"r- o-rg""i"1ii-";-;a the District (ii) proceeds of ad valorem Laxes coli'ected foi the pa,ment of such'aeUt, ang (iii) revenues from any other revenue source from which the debt is payable, all of *t,i.t, proceeds and revenues maY be collected and spent without limitati6r, ot condition under Article X, Section 20 of the Constiiuiion of the State of Colorado; and shall the collection ""J -"i""Jittg of the proce-eds of such debt and revenues from the tax inc'rease -Ievy to pay debt (or- oth.er.revenue source from which th;--aeUt is' payaUfLl, nod, Iimit the District's cotlectior, .rrJ--"p".rairrg of ottrer revenues or funds under Article X' Section ZO "t--tft.=Co-rr=tiiution of the State of Colorado, which ;;;;;;es and revenues may be -recei""9 and spent without any Iimitation or condition ,r,d". Article x, sectibn 20, and.-which collectior, ".ri ;;;;ai"g of iuch debt proceeds and revenues will not affect the District's dollection and ipending of other revenues and funds under Article X, Section 20 of €he Cot'=titution of the State of Colorado, ,ES 7 NO0 and operating a sanitary sewage system 1r'rd treatment plant, such promissory note or other ""iJ"i..s'of indebtedness to be issued at a maximum ,,"i- eilective interest rate of Bt per- annum, and to matureorbepayablenotmorethantwelve(12)yea.rs.after issuance; and shaII the proceeds of such evidences of indebtedness' and investment income -tirereon, be co-Ilected and spent by the District without regard to-any' expenditure, revenue raisingr or other limitation contained *iiti" Article X, Section 20 of the Colorado Constitution? YES 7 NO- --l-- AND IT FURTHER APPEARING TO THE COURT thAt thc AfOTESAid election was held in accordance with Part 8 of Article 1 of Title 32, C.R.S.; AND rT FURTHER APPEARTNG that all of the -prowi-sions of law, and more particularly arr of'lh; ;;direments of ritle 32 ' Articre L , part 3 i Title L't Parts 1- 13 , -Color-ado Revised Statutes ' 3s Amended; and Article X, Seciion'20, Colorado Constitution' have been complied with, met ""J;;io..La in the organization of the District; AND THE CoURT, being fully advised in the premises hereby ORDERS AND DECREES that: -3- The District has been dury and reg.ularly organized and shal1be known as "Aspen c1"" w"t.r -& s.;it"-ti", -dr#Ji;T,, in Garf ierdcounty, cororadt. fh" organiruiion -tt th-" Aspen Gren water &sanitation District "rr.rr uL "r]"L-Ji".'.= of May 3, 1994.said District shal1. be a quasi-munici-par corporation andpol it ic ar subdivi s ion - " i irr" -r a"t J Ti."o rl..ao_ *iilr. -ji r the powersthereof' The .ta-tirlir"". servic."-unl tininciar-'u.l".rgements ofthe District shalr .""i"h "" far .=--p.."ticabie io'tt," approvedservice plan and n"""1-ut-i:*i-^pfri"#"r "t the Board of counrvCommissioners _of carif;i; count_y,. -c-o-io-."do. ttr" "pproved serviclplan and Resoruti";;-'-;;prorar_' 'r"qr1-.-J rv ,it=rJr5r, Article L,;$:":' " ;:i i'i:".1;"i;:;"1i-".".-"' lllit?: :]v f i 1 ed .in t he wi t h i ninto fnf=_oider. tme are hereby incorporated UV ."f".;;;; rn accordance with c..R.s. 32-1-305.5.(5), the crerk of the:i::i"o:ha1l issue c.itiii""t". -lr^ eiectiori , ro.- ti," Direcrors The Asoen Glen water & sanitation District is l0cated inF:if:;l? corintv, ';i";;j;, and is ,..;-; parricularlv described as A parcel of land situated in Lots 23 and 25 of section 12, Lots 1 and 3 through 16 ofsection 13 and tots 1 and 2 of Seciion 24, T;sh,-i'i soutt, Range g9 west, and in theswl/4sE1/4' sE1/4sEtl4 and iii,eJ'g,-r^#"lf iro 14 through 17 ofsection 18 andthe NEr/4NEr/4 and lots t, I inro, gh rz dJ i5 't_lrough 17;t Section 19 and theNE1/4NW1/4 and Lots 2,4llirgn io ,16,20.r i..tr* 20, Lots 2,3,4,g,and g of Section 2gf#'*'i,l illll;,li;t:.::J.'r";i',-# 6,h p:il" i'";"o or carnera, S,"," or cororado Beginning atthe North 1/4 cornerof said.Section 13; thence North 00degrees ll minutes14 seconds west (N 00"11'14" q urong the North-il; a;;;;.;;:id section 12, adistance of 458'62 feet to a poini on,,t"" q^1.1ry_nl!il,-or-w"y fence of Garfierd countvfi:"f"'[]'1,?;ffi];iiJJ"::t" 'na cap L.S. rdsqs-iii",ce arong said right-or-way r,;;; *.r," South 13 degrees 28 minutes 04 seconds East (S r32g,04, E), a distance of s53.gg r.",,'] south 09 degrees 05 minutes 41 seconds East (s 09t5,41, E), a distance of 565.53 r""r,3] South 17 degrees 42 minutes 56 seconds East (S l7o4z,56u E), a distance of 7zg.s6 r..r,a] south 40 degrees 03 minutes 42 seconds East (S 40"03,42, E), a distance of 175.51 *",,'l South 32 degrees 40 minutes 06 seconds East (S 3240,06,E), a distance of 463.99 -Ji -4- thence leaving said right-of-rvay fence and following an existing fence the following four (4) courses: 1] North 89 degrees 53 minutes 09 seconds East (N 89'53'09'E), a distance of 882'14 feet;'Z) North 81 degrees 50 minutes 40 seconds East (N 81"50'40' E), a distance of 60.36 feet; 3] North 01 degrees 30 minutes 12 seconds East (N 01"30'12'E), a distance of 729'75 feet;- +l North 01 degrees 43 minutes 30 seconds East (N 01o43'30" E), a distance of 1113.97 feet to a point o, ti" Easterly line of Lot24 of said Section 12; thence North 01 degrees 21 minutes 44 seconds East 1i.t 01"21'44" E) along said Easterly line,-a distance of 320.88 feet; thence North 47 degrees 43 minuter d0 .".onds East (N-47'43'091 e), a distance of 590.67 feet to a point on-the Northerly line of l-ot 25 of said Section 25; thence South 89 degrees 40 minuies 00 seconds East (S 89"40'00'E) along said_Northerly line, a distance of 171.g6 feet to a point in the centerline of the Roaring Fork River; thence following said centerline of said Roaring Fork River the following eleven (11) cotrses:-. 1] South 17 degrees i3 minutes 01 seconds Eist (S 17"43'01' E), a distance of 163.46 feet;'Z) South 30 degrees 45 minutes 18 seconds East (S 30o45'18" E), a distance of 163.28 feet; it South 51 degrees 43 minutes 05 seconds East (S 51o43'05" E), a distance of 662-76 feet; 4] South 44 degrees 35 minutes 57 seconds East (S 44o35'57" E), a distance of 175'65 feet;----3t South 13 degrees 33 minutes 31 seconds East (S 13"33'31" E), a distance of 755.65 feet;-- h South 34 degrees 02 minutes 41 seconds East (S 34\2'41" E), a distance of 318.15 feet;jl South 35 degrees 41 minutes 45 seconds East (S 35o41'45. E), a distance of 225.15 feet; bl South 55 degrees 38 minutes 18 seconds East (S 55"38'18" E), a distance of 196'47 feet; bt South 63 degrees 49 minutes 03 seconds East (S 63'49'03. E), a distance of 388.19 feet; iOl South5Tdegrees5lminutes22secondsEast(S 57"51'22* E),adistanceof 449'02 feet; ift South 47 degrees L1 minutes 37 seconds East (S 47"1]'T' E),-ldistance of 122'26 feet to a point on th"e Northerly line of l-ot 12 said Section 18; thence North 89 degrees 49 minutes 40 seconds West (N 89"49'40" W), a distance of 406.44 feet to the Northeast corner of said Lot 11 of said Seciion 18; thence South 00 degrees 00 minutes 00 seconds East (S 00"00,00' E) along the Easterly line of said L,ots 11 and 14 of said Section 18, a distance of tf:O.St feei to the Southeast corner of said Lot 14; thence South 89 degrees 58 minutes 06 seconds West (S g9"58'06n W), a distance of 672.53 feet to the South Center 1/L6 corner -5- of said section 18, marked by a BLM alurninum cap; thence south 00 cregrees 36 minutes33 seconds west (S 0036'33'i *i.l.rg trr"'ilrr".ii,,ne of ,"rJ r-",-rs of said Section rg,a distance or 334.12 feet; thenc" fu,:ll^q?-j.lr*r';'! minutes 0s ;;;;;, East (N 8e.ss,,s,,E) along the Southline of tl.,. Nr)zr'upswlE-s;iul"or,rora Section rg, a distance of 149.70feet to said centerline of toia riooring Fork Ri;;;,'thence arong said centerrine of saidRoaring Fork river the following-nin.t!* iibi;;;;.., r""r,1] south 25 degrees +o minites s+ seconai w;;;(s 25"46,54,, w), a distance of fi6.22 *o?t South 07 degrees 48 minutes 26 seconds west (S 07.4g,26,w), u distance of 2g9.g7 *.r," South 16 degrees 19 minutes 15 seconds East (S 16o19,15, E), a distance of 1g6.g2 *"r,0' south 60 degrees 24 minutes 25 seconds East (S 6024,25. E), a distance of 205.10 ,..,,t] North 76 degrees 51 minutes ll seconds East (N 76"51,11" E), a distance of 164.34 r..r,6] North 81 degrees 47 minutes 36 seconds East (N g1.47,36, E), a distance of 2g0.37 t""r!,1 North 78 degrees 29 minutes 03 seconds East (N 7g2g,03,E), a distance of 233.93 r..,,8] south 81 degrees 45 minutes 25 seconds East (s g1"45'25,' E), a distance of 314.4g ,".,,'] south 61 degrees 08 minutes 27 seconds East (s 61.0g,2 7, E),a distance of 374.17 a"r10] South 46 degrees 48 minutes 37 seconds East (s 46"4g,37" E), a distance of 211.62 *",1',] South0Tdegrees 22minutes34secondsEast (s0722,34"E),adistanceof 113.14 a.r1'l south 25 degrees 51 minutes 48 seconds East (s 25"51,4g', E), a distance of 2?s.7s ,..J,'] south 08 degrees 49 minutes 55 seconds East (s 0g"49,55,,E), a distance of 269.9g a"r1Ol South 31 degrees 27 minutes 28 seconds East (s 3127,2g,, E), a distance of 25g.gg *",1t] South 46 degrees 16 minutes 00 seconds East (s 46.16,00, E), a disrance of 573.g6 *",1U] South 59 degrees 53 minutes 51 seconds East (s 59.53,51" E), a distance of 27g.72 *.,1',] south 4l degrees 56 minutes 37 seconds East (s 41.56,37" E), a distance of 3gg.06 *.,1t] South 2l degrees 26 minutes 4l seconds East (s 2126,41', E), a distance of 2g6.20 -6- 191 South 08 degrees 56 minutes 52 seconds East (S 08'56'52" E), a distance of 81.11 feet to a point on the North line of said Lot 3 of said Section 20; thence North 88 degrees 33 minutes 13 seconds West (N 88"33'13" W) along said North line, a distance of 385.14 feet to the northwest corner of said Lot 3; thence South 00 degrees 01 minutes 46 seconds West (S 00t1'46" W) along the West line of said Lot 3, a distance of 425.16 feet to the Southwest corner of said Lot 3 nrarked by a BLM aluminum cap; thence North 89 degrees 58 minutes 19 secondsEast (N 89"58'19" E) along the South line of said I.ot 3 and along the North line of said Lot 8 of said Section 20, a distan ce of 697 .48 feet to the Southeast corner of said Lot 3 marked by a BLM aluminum cap; thence North 00 degrees 04 minutes 00 seconds West (N 00ro4'00" W) along the East line of said Lot 3, a distance of 401.22 feet to the northeast corner of said Lot 3; thence North 00 degrees 04 minutes 00 seconds West (N 00"04'00" W) along the West line of said Lot 4, said Section 20, a distance of 151.69 feet to a point on the South line of a parcel of land described in Book 3l4atPage 160of the Garfield County clerk and Recorder's Office;thence along said South line the following thirteen (13) courses: 1] North 84 degrees 49 minutes 54 seconds East (N 84'49'54" E), a distance of 35.88 feet; Z) North 85 degrees 29 minutes 12 seconds East (N 8529'12 E), a distance of 47.40 feet; 3l South 85 degrees 49 minutes 41 seconds East (S 85'49'41" E), a distance of 103.69 feet; 4l South 88 degrees 22 minutes 30 seconds East (S 8822'30" E), a distance of 88.83 feet; 5] North 80 degrees 42 minutes 21. seconds East (N 80"42'21- E), a distance o1.29.94 feet; 6] North 64 degrees 50 minutes 54 seconds East (N 64o50'54' E), a distance of 99.58 feet; 7l North 70 degrees 51 minutes 54 seconds East (N 70"51'54" E),a distance of 37.92 feet; 8] South 84 degrees 32 minutes22 seconds East (S 843222 E), a distance of 37.12 feet; 9] South 59 degrees 18 minutes 15 seconds East (S 59'18'15" E), a distance of 53.70 feet; 10] South 40 degrees 58 minutes 58 seconds East (S 40"58'58" E), a distance of.62.22 feet; l1] South 28 degrees 48 minutes 44 seconds East (S 2848'44" E), a distance of 153.29 feet; lzl South 33 degrees 50 minutes 49 seconds East (S 33"50'49' E), a distance of 107.91 feet; 131 North 63 degrees 05 minutes 54 seconds East (N 63'05'54' E), a distance of 298.L9 feet to a point on the Southwesterly Right-of- Way of the Denver and Rio Grande Western Railroad; thence North 35 degrees 09 minutes 16 seconds West (N 35{9'16' W) along said right-of-way, a distance of 583.96 feet to a point on the West line of said NE1/4NWI/4 of said Section 20; thence North 00 degrees 05 minutes 52 seconds East (N 00'05'52' E) along -7- said west line, a distance of 1360.94 feet to the Northwest corner of said NEI/4Nlv1/4nrarked by a BLM aluminum cap; thence south 87 degrees 45 minutes 35 seconds East (S 9J"4-:'3f ' E) along the North line of said NEl/+rvwii+, a distance of l325.gl feet to theNorth 1/4 corner of said Section 20 mark_ed uy . nilrrr aluminum ..p, ,t,.n"" South 00degrees 12 minutes 30 seconds East (s oo:ri'id e; along the East line of saidNEl/4Nwl14' a distance of 1378.55 feei to the Southeort .o,ir., of said NE1/4Nw1i4marked by a BLM aluminum cap; thence South .89_aetrees 38 minutes 40 seconds East (s89"38'40" E) along the North line of Lot 19 of said s".iion 20, a distance of 1305.39 feet tothe Northeast corner of said t-ot 19.TTL"-d uy"ilr-a aluminum "rp,ir,"n"e South 00degrees 05 minutes 56 seconds East (S 00'05'56" rl urorg the East line of said l-ot 19, adistance of 1289'48 feet to the southeast corner "ri.ia bt 19 being also a point on thenorth line of Lot 20 of said Section 29^r^1.r,.a uy " niur alurnin,m ?op, ,t.r.. South ggdegrees 36 minutes 52 seconds East (S s8:3-6'52" ifurorg said North line, a distance of1304'01 feet to the East 1/4 corner oi said Section io ry_*q by a BLM aluminum cap;thence South 01 degrees 23 minutes 50 seconds ir., 1s 0123,50,'Et il; the East line ofsaid Lot 20, a distance of 1320.18 feet to the southe*t .o-., of siid lni zo marked by aBLM aluminum cap; thence North 89 degrees 35 ;;;;.53 seconds west (N g985,53,,w)along the South line of said Lot 20, a distance of 684.04 feet to a point on the East ;ine ofsaid l-ot 16 of said Section 20 marked by a BLM oturilu, :ap; irrence soutrr 0l degrees30 minutes 51 seco.ndlwe,st (s 01'30'5f iw; rtong."il a^, line of said Lot 16, a distanceof 1262'19 feet to the southeast corner of said I-otio u.ing also the northeast corner of Lnt2 of said Section 29, marked by a BLM aluminum ..pt ,t ** south of a"gr.., 21 rninutes57 seconds west (s 0121'57" w) along the East lin; ;i said tot 2 , a distance of 917.g3 feetto said centerline of said Roaring foik River; thence utong said centeili* ;il ffi"-lr;twenty (20) courses: 1] North 44 degrees 00 minutes 00 seconds west (N 44"00'00, w), a distance of Z7Z.0Zfeet; 2] North 57 degrees 00 rninutes 00 seconds west (N 57"00'00, w), " distance of 23g.00feet; 3] North 84 degrees 00 minutes 00 seconds west (N g4"00'00, w), a distance of 240.00feet; 4] South 72 degrees 00 minutes 00 seconds west (s 72T0'00'w), a distance of 277.00feet; 5] South 56 degrees 00 minutes 00 seconds West (S 56T0'00" w), u distance of 290.00feet; 6] South 39 degrees 00 minutes 00 seconds west (S 39.00'00" w), a distance of 300.00feet; { south 31 degrees 00 minutes 00 seconds west (S 31T0'00" w), a distance of 352.00feet; 8] South 50 degrees 00 minutes 00 seconds west (s 5010'00, w), a distance of 220.00feet; 9] South 70 degrees 00 minutes 00 seconds west (S 70"00'00, w), a distance of 297.00feet; -E- 10] North 48 degrees 00 minutes 00 seconds West (N 48'00'00' W), a distance of 375'00 feet;-- - irt North 24 degrees 00 minutes 00 seconds West (N 24'00'00" w), a distance of 268'00 feet;'- irl North l l degrees 00 minutes 00 seconds West (N 11'00'00'' W), a distance of 268'00 feet;-- - irt North 17 degrees 00 minutes 00 seconds West (N 17"00'00" w), a distance of 238'00 feet; rol North 48 degrees 00 minutes 00 seconds west (N 48S0'00' w), a distance of 547'00 feet;^- - itt North 31 degrees 00 minutes 00 seconds West (N 31"00'00' W), a distance of 203'00 feet;^--i6t North 60 degrees 00 minutes 00 seconds West (N 60'00'00' w), a distance of 224'00 feet;--- irl North 65 degrees 30 minutes 00 seconds West (N 65'30'00. W), a distance of 220'00 feet; 18] North 69 degrees 00 minutes 00 seconds west (N 69'00'00" w), a distance of 350'00 feet; 19] North 59 degrees 30 minutes 00 seconds West (N 59'30'00' W), a distance of 316'00 feet; 201 North 2T degrees 00 minutes 00 seconds West (N 27'00'00'W), a distance of 331'00 feet to a point on tf,e North line of L,ot 14 of said Section 20; thence North 89 degrees 15 minutes 57 seconds west (N 89"15'57 w) along said North line, a distance of 440'69 feet to the Southwest corner of said Lot 13 lt saiJ Section 20; thence South 00 degrees 01 minutes 25 seconds w"rt (s 00"01'25" W; uloog the west line of said L,ot 14, a distance of 59.78 feet; thence North 3i degrees 31 minutes 00 seconds West(N3-2'31'00'W): 1{itt-Tt" of 1283.00 feet; thence North-47 degrees 20 minutes 00 seconds West (N 4720'00'W): 1 distance of 1561.80 feet; thence Noitr 81 degrees 57 minutes 00 seconds West (N 81o57'00" *t; distance of 1659.05 feet to a point on tf,e East line of L,ot 2 of said Section 24; thence North 78 degrees 07 minutes 04 seconds West (N 78"07'04" W), a distance of 1354'65 feet to a point on the West line of said Lot 2; thenie North 00 degrees 27 mjnutes 55 seconds forriN 00?7'55' E) along said West line of said I-ot 2, a distance of 811'92 feet to the Southeast corner of l-ot ft of said Section 13; thence South 89 degrees 06 minutes 27 seconds West (S 89Tt6'?7" W) along the South line of said l-ot 1.4, a distance of 1335'68 feet to the South U4 Corner of said SeC-tion 13; thence North 00 degrees 52 minutes 56 seconds East (N 00"52'56u E) along the North-South Centerline of said Section 13, a distance of 5332.05 feet to the point 6f beginning. Excepting therefrom the Colorado Highway 82 Right-of-Way and the Garfield Counry"Road 1d9 Righrof-Way. Excepling from the above described parcel a lease and agreemlnt for the saG and puichas: tgravel recorded in Reception No. 3059g2 of the cirneta county clerk and Recorder's ofEce being described as follows: A parcel of land situated in Lots i,2,5,6,7,11 and 12 of Section 13, Township 7 South, Range 89 West and in [.ots 4,9,10,11,14,1'5,16, and 17 and in the SW1/4SE1/4 of Section 1g, Township 7 South, Range'g8 w"ri of the Sixth Principal Meridian, County of I -9- Garfield' State of Colorado' said. parcel being *oL" particurarry described as forows:Beginning at a nlin1 being il'. sortrre^.t.o.n..?r'ilrr.., Springs subdivision as filed in theRecords of the Glf:.ll^i9;;,y A.rk and n.*ra* whence the North 1/4 Corner of saidsection 13 bears N 4321'15;iv,; distance iiiqo.ur..t; it.n.J'Nor,,0r degrees 30minutes 12 seconds Fast (N 0l..30'12"' P;..I""g;"li'r.lt., springs subdivision boundarya distance of 729.75 feet; thenc. N:T.n .o! a.gr.?, +:-minut.s jo ,*"rJ. East (N 01.43,30,,E)' along said relle-r springs Suuaivision'bluno;; " distance of 11 13.97 feet to theNorthwest corner-of Lot l, ,iia S..tio, 13; ;;;;.'i"r""lrg said Teller Springs Subdivisionboundary South 89 degreessi ri*t.r 09 seconds e*, 1s 89"52,09,, e;, aiong the Northerrvline of said Lot 1' a iistant. .i iog.z6 feet ,. " p"i",^u"irgs.,o i"J'slr,rr*esterry of theRobertson Ditch; .the19e along ;-u""^ ffi;; "tJll torrowesterry and pararer to saidRobertson Ditch the followinl'ffrirry_rour (34) courses: ,.",,'l South 32 degrees 39 mlnutes i+ ,".o'nal nriis 32"3g,r4, E), a distance of 126.2r r""r,2] South 46 degrees 44 minutes 01 seconds East (s 46.44,0LuE), u distance of 101.g2 r..,,31 south 58 degrees 33 minutes 08 seconds East (S 5g83,0g, E), a distance of lo3.3z 4r South 5g degrees 00 minutes 02 seconds East (S 5J_T-0^ g?: F), a distaoce of 64.g 1 feet; "",,'1 South 67 degrees 42 minutes 09;;;;;;;$(-s 67o4z,osu E), a distance of 113.94 6l South 56 degrees 02 minutes 54 seconds East (s sgyz.,.s-!,.,.E), a distance of g6.09 feet;7l South 48 degrees 44 minutes ro r".onJ, il; 6 4s.:!!,.!6.:.E), a distance of 94.3r feet;8l South 54 degrees 12 minutes i+ r"."rJr ffi l; i!:r?,.?n-E), a distance of 9r.37 feet;9l South 65 degrees 43 minutes zo r..."ir ffi ti i::r:.ly:E), a distance ore3.55 feet;101 south 5e degrees 30 minutes iz r.."iJ, xi tti::lg:11 Ej, a distance of 68.30 feet;lllSouth 57 degrees 18 minutes iq r"r";ir ffi t; il:r-r_,.r.2:E), a distance of 62.8r feet;l2lsouth 58 degrees 15 minutes +s ,..o;J, il;l; iru:ll E), a distance of 56.28 feet;131 South 6e degrees le minutes 3r;;;;;; ffi l; i::lllz1 Ei, a distance or 71.02 reet;l4lSouth 63 degrees 33 minutes 32;;;il; _#;t; Z,r-31,.rv,;E), a distance or80.52 feet;t5l South 52 degrees 49 minutes 53 seconds il;i; it^l:.:l E), a distance of 56.67 feet;161 South 52 degrees 18 minutes 01Gi;$; E i):19:p1.,::y), a distance or e6.50 reet;lTlSouth 5r degrees 46 minutes 3?1*na, E*lr!iii1q:e, E), a distance of 13r.35 feet181 south 50 degrees 0e minutes +! lcon{s E^iii;bl?:1!:E), a distance of 64.s2 reet;191 south 67 degrees 05 minutes 38 seconds p*, ii ui:g.{: E), a distance of 73.67 feet;20lsouth 66 degrees 35 minutes 2i seconds l*iil ii?.r-,.r.7:.8), a distance of 54.01 feet;211South 58 delrees 42 minutes 41 seconds l*ii! ir:gtt1E), a distance of 86.11 feet;221 South 69 degrees 18 minutes ra lcond.s g*, ii ii:g.to-,: "r, a distance of 76.28 feet;231 South 74 degrees 03 minutes 06_s".ondsgo.tii 1n:?.:9g,,E. adistance of 68.83 feet;24J South 52 degrees 21 minutes 15 seconds g".i1b-iz3l:g E a distance of 35.90 feet;251 South 49 deirees 04 minutes ii r""ona, East iS +sn+zz,,E), a distance of 6r.97 feet; *j!,|south 4r degrees 07 minutes 1;;;#t*Tt?0rr7,16, E), " distance or 105.82 -10- 27] South 33 degrees 43 minutes 47 seconds East (S 33"43'47" E), a distance of 107'86 feet; 281 South 3l degrees 39 minutes 54 seconds East (S 3_1'39'54" 8), a distance of 78'81 feet; 29j South 44 dJgrees 00 minutes 03 seconds East (S 44"00'03' E), " distance of 113'96 feet; 301 South 52 degrees 24 minutes 20 seconds East (S 5224'20. !), a distance of 86'50 feet; 3lj South 35 delrees 4l minutes 35 seconds East (S 35'41'35' E), a distance of 43.48 feet; 32] South 18 delrees 54 minutes 25 seconds fast (S 1,8o54'25" E), a distance of 62.55 feet; 33j South 26 dJgrees 48 minutes 20 seconds East (S 26"48'20' E), a distance of 139'55 feet; 3i1 South 23 degrees 50 minutes 33 seconds East (S 23'50'33" E), a distance of 101.77 feet to a point on the"Easterly line of said I.ot 11 of said Section 18; thence South 00 degrees 00 minute, OO ,..*Js East (S 00'00'00" E), along the Easterly line o! s-aid I-ot 11 and said Lot 14 of said Section 18a distance of 622.i7 feei to a point being 5.0 feet Westerly of the high water line of the Westerly bank of the Roaring Fori Riuer; thence leaving said Lot line th! following five courses along a line being 5 feet Westerly of and parallel to the high water line of the Westerly bank of the Roaring Fork River l] South 52 degrels 1l minutes 09 seconds West (S 52"11'09" W), a distance of 31'96 feet; thence 2] South 55 degrees 08 minutes 57 seconds West (S 55'08'57" W), a distance of 79'59 feet; thence 3] South 59 degrees 32 minutes 47 seconds West (S 5gA2'47'W), a distance of 54'32 feet; thence 4] South 36 degrees 29 minutes 50 seconds West (S 3629'50" 'W), a distance of 11'85 feet; thence 5] along a curve to the left having a radius of 1033.63 feet, arc length of 389'56 feet, delta "n!t" of i1 degrees 35 minutes 3gieconds (21"35'19"),- a chord bearing of South 49 degrees 22 minutes 20 seconds West (S 4922'20" t), and a chord length of- 387.26 feet to a point on the Northerly line of the bW1/4SE1/4 of said Section 18; ihence South 89 degrees 58 minutes 06 seconds West (S 89"58'06" W), along said Northerly lin-e a distance of 234.18 feet to the Northwest corner of said SWli4SEl/i'; thence South 00 degrees 36 minutes 33 seconds West (S 00o36'33' W), along the Westerly line of said SW1/4SE1/4 a distance of j34.izfeet; to ihe Southwest corner-of tn" N12n1/2SW1/4SE1/4; thence North 89 degrees 55 minutes 05 seconds East (N 89"55'05u E), along the S_outherly line -of said N1/2N1/2SW1/4SE1/4 a distance of 59.71 feet to a point *tri.tr is 5.0 feet westerly of the high water line of the Westerly bank of the Roaring Fork River; thence along 1 tiry being j.5 t "t Westerly of and Parallel to the high water llne of the Westerly bank of the Roaring Fork River along a curve to the left havlng a radius of 1033.63 feet, arc length of' 292'65 ieet, delta angleif 16 degrees 13 minutes 6 seconds (16"13'19'), a c.hord bearing of-South 09 iegrees l9-minutes 5o-seconds west (So9"19'50'l w), .nd o clord length of 291-67 fee-t; thenc! leaving said 5.0 foot offtet line North 89 degiees 23 minutes 42 seconds West (N 8g23',47" W), a distance of 15.53 feet to a point on th'e Easterly liry- t:,id l-ot l7 of said Sectionl.S; thence South 00 degrees 36 minutes 19 seconds West (S 00"36'19" W), along said -1 t- Easterly Iine a distance of 716'59 feet to the southeast corner of said Lot r7;thence South89 degrees 46 minutes oo t"tonat west (S 89fi,00&), a.rong the southerry tine of said tnt17 a distance of 289'll feet;iolpotnt on in" ;;"ri; Rig,-t-of-way of cororado MidrandRailroad; thence North :0 deere; 32 minutes ia'r..;"a. y_"rt 1N g,o{i,rs, w), arong saidEasterly Right-of-way a dista'n.. "r Bzz.oiieJt;;;r"" North 30 degrees 27 minutes 02seconds west (N 1027'02 w), alongsaid Right-or-woy a distance ot.ll,l.lsfeet to a pointon the southerry rine of saia'teii"r-springs'suu-ji*,i.ion; trrence- -'rv-orttr gr degreis 50minutes 40 seconds East (N arsiizo".E)ii"il ;;i sortt.rry line a distance of 5.57 feetto the point of beginning; and ctntainin! no.iti"alr., ,,or" or less. Garfield Countv Road tl1g Right_of-WayA 60'00 foot *ife parcer of I.na?tuutea in Lot 23 ofse^ction 12, Lots 3,4,5,g,10,12,13, and16 of section 13, r,ot t or seciion zq, ort io T;;il 7^lo_y$,, Range g9 west, and in [.ots8,e, and t7 or Secrion re, rownshri;b?F;H;: ss weit oi,i" 6m p.M., counw orGarfield' State of colorado, toiJ p".."1 b:!rg ."..e -particurarry described as forows: l"{ti!'ffi"[: ::i,],T1,:,,-,:",?..Jj['#*1$1t ] 3, a n "*r;' f;; i, pr ;,',h ;;; Centerrine o? ."ia s.JiL, iz,'o"'di,,on." ;; &;i''irjl;{} ;:Tf :1",Xg:illlRight-of-way fence of GarfieiJ'.ou1tl Road r.ro. rog,'rir!:g_uy a rebar and cap markedL's' 19598 found in place, tr'" iniieio^i oi ,E.TNNING, thence utong the Easterrvl'fL::,.*av rine of said c#;il couoty n#ir; 10e the forrowing thirry-two (32i .,+].i,:tlr:d,i.'-"':;,1"ilTi,,,r::,01ff[:l:.r",, (s t32B'04. E), arong said2l South 09 degrees 05 ,irr,r +r ,..o-nJ, -Eu., (s 09.05,41, E), arong saidRight-of-way fence i distance oi iisss r."ir ir,"r* 3l sou.th 17 degrees 42 minutes 56seconds East (S 17"42'56'E),along."ia nilni-ti-'w"y r"n:e a distance oilza.safeet; thence*,lJ iT,'1"-,',:"Si.,Af,H;T;r ;.*,?;; il; ?i irirg'ai;Ei;';i";; ,oia nigr,,.or-way r.niJiT"X.1'.:'Sii?:ir'ri::Il:i:*;*,ds East (s 32"40'06"8), arong said Right-or-way ,n"fl.tourh 32 degrees 40 minui., bo ,..onds East (s 32.40,06,, E), a distance of 25.66 feet; t""I,i#ll 20 degrees 26 minutes 02 seconds East (s 2026,0 z, E),a distance of 562.19 8] arong a curve to the Ieft having a radius of 52g7.g4f:"r, ?I" Iength of 542.1g feet, dertaangle of 5 degrees 52 minutes 29 i'econa. ls"szis';j, " *"* F;il;;outh 23 degrees22 minutes 16 seconds East (s-23."16, Ei;;;; ;i,;; ]en$h or s+r.s+ feet; thence,..;l.iil:: 26 degrees 18 minutes 1 *JriJ-ui;'6';6o18,31, E), u disrance of 854.10 . 10] along a curve to the right having a radius of 730.dertaangre"of re-degrees 4s irinutes zz ..."rl.iid"il.;'u{:.j'.ffii.ils:HjilHl,fi: -12- degrees 25 minutes 57 seconds East (s 1625'57" E), and a chord length of 250'53 feet; thence 111 South 06 degrees 33 minutes 24 seconds East (S 0633'24* E), a distance of 156'75 feet; thence 121 along a cuwe to the left having a radius of 1635.67 feet, arc length of 545'79 feet' delta angle of 19 degrees 07 minutes 06 seconds (19'07'06'), a chord bearing of South 16 degrees 06 minutes 5Z seconds iast 15 16"06'57" E;, and a ihord length of ..543'26 feet; thence 131 South ZO a"gi... +t miriutes 20 seconds East (S 2O4l'20. E), a distance of 11"95 feet; thence 14] South 29 degrees 02 minutes 45 seconds East (s 29"'.02'45" E), a distance of 367'48 feet: thence 15] South 29 degrees 19 minutes 46 seconds East (S 29"19'46'E), a distance of 501'69 feet; thence 161 south 32 degrees 15 minutes 50 seconds East (S 32"15'50" E), a distance of 38'79 feeu thence 17] South 34 degrees 46 minutes 46 seconds East (S 34'46'46' E)' a distance of 649'59 feet; thence ,tr South 46 degrees 0L minutes 35 seconds East (S 46"01',35', E), a distance of 38'04 feet; thence 19] South 57 degrees 35 minutes 29 seconds East (S 57'35'29', E), a distance of 479'98 feet: thence 20] South 57 degrees 36 minutes 01 seconds East (S 57'36'01" E)' a distance of 517'80 feet; thence 211 South 77 degrees 49 minutes 23 seconds East (S 77"49'23' E), a distance of l07 '47 feet: thence 221 South 78 degrees 59 minutes 34 seconds East (s 78'59'34', E), a distance of 402'07 feet; thence 23] along a curve to the left having a radius-of_1001.79 feet, arc length of 207'99 feet' delta angle of 11 degrees 53 minutes"43 seconds (11'53'43"), a-chord bearing of south 84 degrees 56 minutes-26 seconds East (S g4.56'26'i E), and a chord length of 207.61 feet; thence 24] North 89 degrees 06 minutes 43 seconds East (N 89"06'43' E), a distance of 181'02 feet; thence 251 along a curve to the right having a radius of -190.10 feet, arc length of 208'48 feet' delta angle of,62 degrees 50 minute, d4 ...ords (62"50'01"), "- chord bearing of South 59 degrees 28 minutes -15 seconds East (s 5928',15', E), and a chord length of 198'19 feet; thence 26] South 28 degrees 03 minutes 13 seconds East (S 28"03'13'E),a distance of'259'67 feet; thence 2fl along a curve to the left having a radius.of.-1494.54 feet, arc length of 482'67 feet' delta angle of 18 degrees 30 minute."ls .."onds (18"30'15'), a- chord bearing of South 37 degrees 18 minutes il seconds East (S 37"18'2f i E), and a chord length of 480'58 feet; thence -t3- 28] South 46 degrees 33 minutes 28 seconds East (s 46"33,2g,, E), a distance of 453.g9 feet: thence 2gJ arons o :y*r to the right having-a radius of *?!.gzfeet, arc rength. of 355.30 feet, derta angrJor re d;;;5r'";:;:i:: 9: ^,i..o*.-ir1.sz,oi i, il;;j-b...ing or south 36 degrees 37 minuter16 ,..oral-po., (s 36"3rr;,,rr;,-lr,-j j,ilil,,:ngth of 353.52 feet; thence .i{1,i"tlJ} 26 degrees 41 minutes 23 seconds East (s 26"41,2j', E), a distance of 16r.9r31] along a c^urve to the left having a radius of rga..2,.Lfeet, arc rength of 27g.30 feet derta angre of 8 a"gr."."iz'rjrr,", sz .."onar^1a 2Tii,;,';;;;fi.rring of south 3d,1,""tJ::t 52 minutes-52 seconJr"e"., 1s:"i!iC,(i;, onai rr,".ii.lgth or 278.06 reet;;32] South 35 degrees 04 minutes 2.0 seconds East (S,35.0 4,2o E),a distance of 5rg.24 feet[,,:,fiit;lJl;)t"#X.'ar ri" 'r,r,. si-.*;ffi;l;, thence .r";;;i; southerry rine thel] North g9 jegrees i5 minutes 57 seconds Wesrfeet; thenc" " ,',rqltr ; I secollds West (N 89'15'57, W), a distance of 6.66 ".,i],,t:H 00 degrees 01 minutes 25 seconds west (s 00.0r,25,, w), a distance of 59.7g ^ 3] North 32 degrees 3l minutesfeet; ihence' "- ucE'rees 'rt mtnutes 00 seconds west (N 32Tr'00,,w), a distance of 12g3.004] North 47 degrees 20 minuteso0 seconds west (N.4720,00', w), a distance of 761.ggft : itl3ifi, { f =[,ttl [,i h", iJ# lr ti* Ga,u e r d cou n,y R oad rv" iobr1J along a curve to the right having u ruJiu. of'tisqs+-i..,, or. rength of 260.76 feet, detta angre of 9 oegrees i; il;;;, ig_ r""ond.-1r:iu,sr,,;, ..iora-iri.,ng of North 32,i:rJ::' 5r minute'is ,".*;;'w;i iN 3T5r;3,r'dj, and a chord rength of 260.45 feet; ."i]ril"#: 28 degrees 03 minutes 13 seconds west (N 28T3,13u w), u airtro.. orr'u'l"u', *r:J Hfitff l;'ffii',:,T;ix3 a ra.aius of 130.,0-*:,, arc rength of 742.68feet, dertazs - m ; n,i es ii',"..o, a. w.,i rrv s ;iqi.rt $r,,t:,T ? tilt i &1i,# tr T?1t? ffi4l South 89 degrees 06 minute.43 r..on;JweJt?r,g1rg,o1r w), u dir,on". of 177.52 fritttr.d+[,T,ti"i"*'l;gU6e or tne-s;;;;i"p.,*r; trrend ruoin +z degrees 20,r,"n"rvo,,isi'i1qry.,57minutesrrY*lx:r.{,}lxlfyrtl"#,**;u:-r'"il#li l,' T,i"i:,'#iir;i lr t **jil r:,,:.,"i,;i ;:Y,ii$,y n e n,. " r- i## ;,;., t h e n ce o r o, g t ",llt[i[n 57 degrees 36 min"utes-or r""]riil.(- 57o36,01, w), " distance of 513.47 ,..,,'l#i[n 57 degrees 35 minutes 29 seconds west (N 57"35,29, w), a distance of 4g6.06 -14- 3] North 46 degrees 01 minutes 35 seconds West (N 46"01'35" W), a distance of 50.02 feet; thence 4] North 34 degrees 46 minutes 46 seconds West (N 34'46'46' W),a distance of 656.82 feet; thence S1 Norttr 32 degrees 15 rninutes 50 seconds West (N 32o15'50" W), u distance of 41.64 feet; thence 6] North 29 d degrees 19 minutes 46 seconds West (N Zgolg'46* W), o distance of 503.37 feet; thence 7] North 29 degrees 02 minutes 45 seconds West (N 29\2'45" W), a distance of.372.01 feet; thence'a1 Norttr 20 degrees 41 minutes 20 seconds West (N 20'41'20" W), a distance of 13.75 feet; thence 9] along a curve to the right having a radius of 1695.67 feet, arc length of 563-17 feet' delta anglJot tq degrees 01 irinutes 4? seconds (19'01'46'), ":holt bearing of N9f! 16 J"gr..r"04 minuteri7 t..onds West (N 16"04'17'w) , and a chord length of 560.60 feet; thence 10] North 06 degrees 33 minutes 24 seconds West (N 06'33'24* W), " distance of 156.75 feet; thence 11] along a curve to the left having a radius of 670.33 feet, arc length of 231.09 feet, delta angle of 19 degrees 45 minutes 06 ,"Jona, (19.45;06'), a chord bearing of North 16 degrees 25 minutes 57 seconds West (N 16o25'57* W), and a chord length of 229.94 feet; thence l1lNorttr'ZO degrees 18 miiutes 31 seconds West (N 26'18'31.'W), a distance of 854.10 feet; thence 13] along a cuwe to the right having a radius of 5347.84 feet, arc length of 548-33 feet, delta ungt.-of 5 degrees 52 riinutes 29 seconds (5"52'29"), a chord bearing of North 23 degrees i2 minutes 16 seconds West (N 2322'16' W), and a chord length of 548'09 feet; thence f +t North 20 degrees 26 minutes 02 seconds West (N 2026'02'W), u distance of 555.76 feet; thence- iSl North 32 degrees 40 minutes 06 seconds West (N 3240'A6* W), a distance ot479.34 feet; thence- 16lNorth 40 degrees 03 minutes 42 seconds We st (N 40''03'42' W), a distance of 183.48 feet; thence 171 North 17 degrees 42 minutes 56 seconds West (N 17"42'56'W), u distance of'744'93 feet; thence 18] North 09 degrees 05 minutes 41 seconds West (N 09q05'41' W), a distance o1567,76 feet; thence-- iliNorth 13 degrees 28 minutes 04 seconds West (N 1328'04'y), a distance of.297.39 feet to a point on J"ia North-South Centerline of said Section 12; thence North 00 degrees l1 minutes 14 seconds West (N 00"11'14" W), a distance of.26l.l9 feet to the true point of beginning. -15-o Colorado Highway No. g2 Right_of_WayA parcel of land situated in th"e NEI/4i\iWli4 and in I.ots 5,6,7,10,11,16, andZ|of Section20 and in Lot 2 of sectiot zq, .ri in. to*nstrif is.r,t,, Range gg west of the 6th p.M.,county of Garfield' State of Colorad:, Ti; r..J["ing more particurarry described asfollows: Beginning. 1t . poiri-on trr..sortt..ry'nigr,r-of-way line of Colorado StateHighway No. g2 ond its iri.rr".tion with the west iin. or Said NEri4Nwri4 whence theNorthwest corner of said section io-u9o.. Norttr +i aegrees 24 minutes 11. seconds west (N4724'7t" *), a distance or rzssls f.;i; irr"r." r.r.irn ,o degrees 05 mrnutes 52 secondsEast (N 00'05'52u E), a distanl,"" oi+z+sst".i i" r;Jint on $re Northerry Right-of-way line t1 ilffi":iJfrft; ffi,?j:n*", No. s2; th.,;;J;iaid North" iry i i!n,-or-way r in e the ,.J,1 :r".'j:"35 degrees 21 minutes 30 seconds East (s 3521,30, E), a distance of 2312.28 t .1J itt"TL18 degrees 39 minutes 30 seconds East (S 1g'39'30, E), a distance of 104.40 t jJ :n"Jj:.'5 degrees 21 minutes 30 seconds East (S 35zl'30, E), a distance of 1600.00 ,.Jl :r"J1"52 degrees 03 minutes 30 seconds East (s 52T3,30,, E), a distance of 104.40 t"jJ :r""T:"35 degrees 21 minutes 30 seconds East (S 3521'30, E), a distance of 495.00 6] along a curve to the left having a radius of 5730 feel arc length of 435.g1 feet, deltaangle of 04 degrees 2l minutes lt iEcondl( o42l'3]';1,'a chord lealing of south 37 degrees36 minutes 30 seconds East 1s siio:o- e), "nj "u^.'trora rength of 435.g1 feet; thence ,..1J :rt#1"39 degrees 51 minutes 30 secoiil il639"51,30, E), a distance of 455.00 8] South 52 degrees 59 minutes 30;e.c9n{s East (S 52o59,30,, E), a distance of 44.97 feetto a point on the East line of said Lot 16; thence d.;;i 01 degrees 30 minutes 5l secondswest (s 01'30'51" w)'-along said East line a distance oig+.so feet to the Southeast cornerof said Lot 16; thence South-Ol degrees 21 minutes si ,"*nar1v::, (s 0121,57,, w), arongthe East line of said Lot z or saia'section 29 a ai.i"nc. of 46z.0gfeet to a point on saidff:'l!Ty"ll'11-"*av line; th;;; arong saia s-outrr.-,ry nigni ;i-i^,;y lio" u," rorrowing *.|ril."*: 35 degrees 09 minures 16 seconds west (N 35T9,16, w), distance of 3904.20 ,n.3lj""h 88 degrees 33 minutes 59 seconds East (s gg.33'5g* E), u distance of62.27 feet; ,..,1],il:*: 35 degrees 09 minutes 16 seconds west (N 35T9,16, w), a distance of 6s2.28 ,n.lljr"h 00 degrees r 1 minutes 56 seconds East (S 00o11,56, E), " distance of g7 .27 feet; 5l North 35 deqrees 09 minutes 16 seconds west (N 35T9,16, w), a distance of ll91.lgfeet to the point Jf U"ginning. -16 Also excepting from the above described property A parcel of land situated in Lot I and 6 of Section 13, Township 7 South, Range 89 West and in Lots 4,6, and 9 of Section 18, Township 7 South, Range 88 West of the Sixrh Principal Meridian, County of Garfield, State of Colorado, said parcel being more particularly described as follows: Beginning at a point on the Easterly line of the leise and agreement for the sale and purchase of Gravel; parcel whence the North 1/4 corner of said Section 13, an axle in place bears North 80 degrees 09 minutes 24 seconds West (N 80"09'24" W) a distance of 2469.81feet; thence leaving said Easterly line South 86 degrels 54 minutes 40 seconds East (S 86'54'40' E), a distance of 90.38 feet; thence North 83 degrees 12 minutes 17 seconds East (N 83o12'17'E), a distan ce of 112.38 feet; thence North 48 degrees 46 minutes 15 seconds East (N 48'46'i5" E), a distance of 165.45 feet; thence South 44 degrees 59 minutes 32 seconds East (S 44"59'32" E), a distance of 246.06 feet;thence South 82 degrees 13 minutes 10 seconds East (S 8275'lO'E), a distance of 210.86 feet; thence South 40 degrees 56 minutes 54 seconds East (S 40"56;54" E), a distance of 296J2 feet: thence South 37 degrees 16 minutes 31 seconds East (S 37'L6'3i'E), a distanceof 360.84 feet; thence South 44 degrees 29 minutes 09 seconds West (S 442g'Og" W), a distance of. 47.14 feet to a point on said Easterly line of said lease and agreement parcel; th91ce along said Easterly line the following seventeen (17) courses: - 1] North 52 degrees 21 minutes 15 seconds West (N 5221'15" W), a distance of 35.90 feet: thence - 2] North 74 degrees 03 minutes 06 seconds West (N 74{3'06" W), a distance of 68.83 feet; thence - 3] North 69 degrees 18 minutes 14 seconds West (N 69"18'14" W), a distance of.76.28 feet; thence - 4] North 58 degrees 42 minutes 41 seconds West (N 58"42'41" W), a distance of 86.11 feet: thence - 5] North 66 degrees 35 minutes 27 seconds West (N 66"35'27" W), a distance of 54.01 feet; thence - 6] North 67 degrees 05 minutes 38 seconds West (N 67S5'38' W), a distance of 73.67 feet; thence ^ 7] North 50 degrees 09 minutes 46 seconds West (N 50"09'46' W), a distance of 64.52 feet; thence ^ 8] North 51 degrees 46 minutes 39 seconds West (N 51'46'39' !V), a distance of 131.35 feet; thence - 9] North 52 degrees 18 minutes 07 seconds West (N 52'18'07' W), a distance of 96.50 feet; thence - 10] North 52 degrees 49 minutes 53 seconds West (N 52'49'53' !V), a distance of 56.67 feet; thence - 11] North 63 degrees 33 minutes 32 seconds West (N 6333'32" W), a distance of 80.52 feet; thence ^ 12] North 69 degrees 19 minutes 37 seconds West (N 69'19'37'' W), a distance of 71.02 feet; thence -17- l3] North 58 degrees feet: thence 14] North 57 degrees feet; thence 15 nrinutes 43 seconds lvest (N 5g.15'43, w), a distance of 56.2g 18 minutes 29 seconds west (N 5J"lg'2g, w), a distance of 62.g1 15] North 59 degrees 30 minutes 17 seconds west (N 59o30'17,, w), o distance of 6g.30feet; thence 16] North 65 degrees 43 minutes 26 seconds West (N 65.43'26,, w), a distance of 93.55feet; thence 17.] North 54 degrees 12 minutes 24 seconds West (N 54olz'24, w), . distance of 91.37 feetto the point of beginning; and containing s.4r7 r.i", ,or" or ress. Fxcepting also the Denver and Rio Glande Western right-of-way being described as follows:A parcel of land situated in the NE1/4NW1/4 and in iots 5,6,7,10,11,16, and Z0 ofsection20 and in lot 2 of Sectio n 29,. all in Township 7 South, Range 88 wesi of the sixth principalMeridian, County of Garfield, State of iolorado,'*id -parcel being .or" particularlydescribed as follows: Beginning at a point on the Northerly Right-of-Way of the Denver and Rio Grande WesternRailroad at its intersection with ihe westerly line of said NE1/4NW1/4 whence theNorthwest corner of said Section 20 bears North 47 degrees 24 minutes 11 seconds West (N4724'11" w), a distance of 1785.35 feet ; thence along"said Right-of-Way the following five(5) courses: ^ 1] South 35 degrees 09 rninutes 16 seconds East (S 35'09'16,,E), a distance of 1191.1gfeet; thence ^ 2] North 00 degrees 1l minutes 56 seconds West (N 00o11'56, W), a distance of g7.27feet; thence 3] 4South 35 degrees 09 minut es 16 seconds East (S 35"09'16,, E), a distance of 652.2gfeet: thence ^ 4] North 88 degrees 33 minutes 59 seconds west (N 88.33'59, w), a distance of 62.27feet; thence 5]South 35 degrees 09 minutes 16 seconds East (S 35o09'16" E), a distance of 3904.20 feetto a point on the Easterly line of l-ot2 of said Section 20; thence along said Easterly lineSouth 01 degrees 21 minutes 57 seconds west 1s otzr;szu w), a distanl of 16g.04 feet toa point of intersection of the Southerly Right-oi-way line of said Denver And Rio Grandewestern Railroad 1nd slid Easterly line ofLt 2; thence along said Southerly Right-of-wayIine the following five (5) .ourr"r, ^ 1l North 35 degrees 09 minutes 16 seconds west (N 35'09'16, w), a distance of 4113.4gfeet; thence ^ 2] North 88 degrees 33 minutes 59 seconds West (N 88"33'59, W), a distance of.62.27feet; thence ^ 3] North 35 degrees 09 minutes 16 seconds west (N 35t9'16" w), a distance of.2l7.7Zfeet; thence - 4] North 00 degrees 11 minutes 56 seconds west (N 00o11'56,,W),u distance of g7.27feet; thence -18- 5] North 35 degrees 09 minutes 16 seconds West (N 35'09'16" W), a-distance of 1192'75 feet to a point on said Westerly line of said NE1/4NW1/4 of Section 20; thence along said Westerly line North 00 degreei 05 minutes 52 seconds East (N 00'05'52" E)' a distance of t73.26 feet; to the point oibeginning; and containing t3.937 acres more or less' The Board of Directors shall take such steps.and.proceedings as the needs "? th" A=p"tt GIen Water & Sanitation District require' within thirty (30) days after the date hereof, the District shall transmit to -ttre County Clerk and Recorder of Garfield County' Colorado, to itr" Oi',rision tf Local Government, and to the County Assessor of Garfield County, certified copies of !h1= Order and Decree, together with the fi.esolution of Ap-proval of !h" Board of County Commissioners of Garfield County- ortri"t is incorporated herein Done in open Court this ,52 day of Mty, 1994 ' o -^rA cEBTrFici. ::."-^'- t :'''* I cerlttY t" " ,.1, .c ell foleg'"';n;' r;=;i'i fi' .., . eccd ParticiCoiiie;it' - ad' $\sLclaYotffit'# Lb,uhh4,\' District Court 6Jea te',.x o -19- C ( RECoR0E0 Y99 0'CL oCK fr-$. REC t FEB 2lgg{ MTL0RED ALS00RF, GARFrilo 458?96 COUNTY CLERK Bo!(0891 i,rcr 620 STATE OF'COLORADO ) )ss County of Garfield ) d[ 4 special meeting of the Board of County Commissioners for Carfield County,Colorado, held in the Com-urissioners' Meeting Room, Garfield County Courthouse, in GlenwoodSprings on }{ondav , the 31st sf Jantrarv A.D. I g 94 ,there were present: , Commissioner ChairmanArnold L. I'lackley , CommissionerI.larian I. Smirh Commissioner County Attorney Clerk of the Board Don DeFord Chuck Deschenes , County Administrator when the following proceedings, among others were had and done, to_wit: . RESOLUTION NO. e4_oo8 A RESOLUTION APPROVING THE SERVICE PLAN AND THE FORMATION OF THEASPEN GLEN WATER AND SANTIATION DTSTRICT WHEREAS, pursuant to l,he provisions olTitle 32, Article l, part 2, C.R.S. as amende4 theBoard of County Comrniqsiqners of Garfield County, Colorado, held a public hearing on theService PIan of the proposed Aspen Glen Water& Sanitation District on the I Ith day ofJanuary, 1994; and WHEREAS, Notice of the Hearing was duly published in the Glenwood post and the RiJleTelegram, newspapers of general circulation within the County, otr December 21, Decem 1; .r 22,December 28, December 29, 1993 and January 4 and January 5, 1994, as required by law, and Notice was forwarded to the Petitioners and to the governing body of each municipality and special districtwhich haslevied an advalorem tax rvithin the next preceding tax yearand which has boundaries within a radius of three milss of the proposed District; and WHEREAS, the Board has considered the Service Plaa and all other testimony and evidence presented at the Hearing; WHEREAS, it appears lhat the Service Ptan should be approved withour cond.ition ormodification; WHEREAS, although the service plan includes a service area and expanded service area, theaction of the Board of county commissisners in this resolution in oo *"nn.rindicates approval fordensities of any land ue, zoning or subdivision purposes wirhin those ur.*; aod WIJEREAS, the boundaries of the proposed special district lie entirely wirhin Garfield County. | .r', Mlldred Alsdorf EXHIBIT B C a\ Bocrr0891 i,rr.i 621 ""r',J3Y;TTEREFORE' BE IT RESoLVED bv the Board of county commissioners of Garfierd Section l ' That the Board of county commissioners of Garfierd county, cororado, doeshereby determine that all ofthe requirements ofTitle 32, Article l,part2,c.R.s., as amended, relatingto the hling of a Service Plan forihe proposed Aspen Glen water & Sanitation District have beenfulhlled and that Notice of the Hearing was given in the time and manner required by law. Section 2' That the Board of county commissioners of Garfierd County, cororado, doeshereby find and determine that: (a) There is suJficient existing and projected need lor organized service in the area tobe served by the proposed District; (b) Theexisting service in the area to be served by the proposed District is not adequatefor present and projected needs; (c) The proposed special District is capable olproviding economic and sulTicient serviceto the area within its proposed boundaries; (d) The area to be included in the proposed District has and will have the Iinancialability to discharge the proposed indebr.edness on a reasonabre basis; (e) Adequate service is not, and will not be available to the area through the county ofother exiting municipal or quasi-municipal corporations, includ.ing existing specialdis1dg15, within a reasonabre time or on a comparabre basis; (0 The facility and service standards of the proposed District a.re compatible with thefacility and servicestandards ofeach county within which the proposed speciat districtis to be located and each municipality which is an interested party under Section 32- l -20a0); (g) The proposal is in substantial compliance rvith a master plan adopted pursuant toSection 30-28-l 06, C.R.S.; (h) The proposal is in compriance with any dury adopted county, regionar, or statreIong-range water quarity management pran for,L. uri,- (i) The creation of the proposed special district will be in the best interest of the areaproposed to be served. Section 1. That the Service plaa of.the proposed entered as Exhibit I and the amendmenrs entered without condition or modification. Se'-lion 4. That a certified copy of this Resolution and submitted to the petitioners for the purpose County. A.p.o Glen Water & Sanitation District as Exhibits O and T is hereby approved be hled in the records of Garfield Counry of Iiling ilr rhe District Court of Garfield '..:' C r( Boor0891 ?rcf)Zz - GARFIELD COUNTY COM M ISS IONERS, COUNTY, COLORADO BOARD OF GARFIELD Chairman foregoing Resolution was adopted by the following Dated tbis, Jr.* aaV of 421-^r-rr- r-t- , A.D. lg ?/ ATTEST: vote: Upon motion duly made and seconded the Elmer (Buckey) Arbaney STATE OF COLORADO County of Garfield ) )ss ) I' , County Clerk and ex-olTicio Clerk of the Board of Countycommissioners' in and for the counr.y and state aforesaid, do hereby certify that the annexed andforegoing Resolution is tnly copied lrom the Records of the p.o.oai"g-or,o" Board o[Countycommissioners for said Garfierd county, now in my office. ,il#ffi:: wHEREollo^X" hereunto set my hand.and affrxed rhe sear orsaid county,at Glenwood Springs, this day of , A.D. lg_. county clerk and ex-orlicio crerk o[ the Board of county commissioners L' ,l'i couRT, GARFIELD couNTY' STATE OF CqLORADO IDISTRICT Case No. i .tul t 94 cv 29 ORDER GRANTING PETITION FOR NAME CHANGE rhis matter came before the court 9:*,?::-::TJ*T:J,1i#Xii[]:Jili:T; ,,p.titiJlf,RX';"J 3?,:;r?::"i;J E,ir;;;,ns tuirv inrormed and advised in the premrses' H E R E BY o R D E R s th at th e o' p:l .91',L y:,t^'j 3 :1 ff :i3' I L :.',,t;,'J : Sffi Lii . n, n n $=*totJ ?: ? :ff. I,11 T;.ilir'',il::Rffi ;s F o * w.t. r & S an i tat i o n D i st r i ct" DONE this /&aY of CERTIFICT\TE O F r'''4rULiN G I certilv that a coPY of Foregoing u'zrs maiied lo all lnRe:THEORGANIZATIONoFTHEASPENGLENWATER&SANITATION DISTRICT EXHIBIT C Counsel of This /Q\},^ daY of COlirlSl|.iEO COURT OF GARFIELD COUNTY Gi-E|.,IWOOD SPRI NGS, COLORADO Certitied hbs a full, irue anC correct copy of the [=u l=C I =HEI="I -<r ctI rFJ I =Ir'I -o-E I ro)(5T -(?,I r.-oI =$lOI =I;I roo! -6tI !r sI rroI rorsI =&'*I rO oa I t-o I ifi' D ISTRICT COURT. C,.\RFI ELD COL'NT\. Case No. 94CV29 ST.-\.Tir () I- t'()LOIi.r Dr) OF REAL PROPERT}' IN RC: THE ORGANIZATION OF THE ROARNG FORK wATER & SANITATioN DISTRICT(tbrmerly knorvn as rhe Aspen Gren water & Sanirarion District) Lavurence R. Green P.O. DrawerT9O Glenwood Splrqa, CO 81ffi1 This matter havine come betbre the court upon the Petition for order of Inclusion of Realproperty submitted by the Roaring Fork water .? sanitation Dist.cr. and the coun. havineconsidered said Petition and the order for Inc.lusion enrered b;;. ;;;i;;;.;;^ of the RoaringFork water & Sanitation District submitted there'"virh. and being othenvise fully advised in thepremises: IT IS HEREBY ORDERED: I ' That the foilowing described real property be, and the same hereby is, included rvithinthe Roaring Fork Water & Sanitation District: ' ---J' A PARCEL OF I-AND SITUATE IN LOTS I2 AND I3. SECTION 28 AND IN LOTSr.2.8.9.10.r r.12-13 AND 19. SECnoN 29. ALL iU rowr.rsuip , sour'. RAN.E 88 *ESTOF THE SIXTI{ PzuNCIPAL MERIDIAN. C-9YN''' OT .EN;IELD. STATE OF COLOMDO. BEINGY-ORE PARTICUI-ARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND B.LM. ALUN,IINUM-CAP IN PI.ACE FOR Tl{E EAST I/4 CORNER FORSECT,ON 29. WHENCE A FOUND BRASS.91f LS. i:+iIr ,L.E FOR T'HE NORTHEASTCORNER FOR SAID SECTION 29 BEARS N OO OECAEES iZ.'Sr. E A DISTANCE OF 26i7.86FEET' wrm ALL BEARINGS CONTAINE-D HEREIN sEiNt nEronvE TlrEx.ETo: THENcE N 0oDECREES 27' 5I' E ALONG THE EAST qII OF SETOI;CN;N 29 A DISTANCE OF i54.77FEET To THE]RUE POINT oF BEGINNI-Y9 FoR mE ponCil- opscnrBED HEREiN: THENCEAl-oNG THE NORTH' EAsr AND sourHER'Lv gouNDnRY-bt o pARCEL oF I-A,ND DEscR.TBED AsIN BooK 918 AT PAGE -:66 To 367 oF rnr neconos oiruE cARFIEI-D couNTy cr.ERK ANDRECORDER, THE FOLLOWING 8 COURSES: lLH: DEGR.EES 47' '' w ALoNc AN LxrsrNc FEN.E UNE A DT.TANCE oF 343.54 lLH: DEGR-EES 08',s7'E AL'NG AN ExrsrrNc ENCE UNE A DT'TANCE OF 287.7r 3) N 76 DEGR'EES 59' 2I' E ALONG AN EXISTING FE\CE UNE A DISTANCE OF 9.75 FEEI: lLHl DE.R'EES sl'0s'w ALON. AN EXrsrrNG E\cE UNE.q, DrsrA,NCE OF i30.73 5) S 30 DEGREES ?S' 51'E ALONG AN L\ISTING E\CE .,NE A DISTANCE OF 75.33 FEET: ORDER OF INCLUSION EXHIBIT D Return to: =..-E -orcl:ln JOIC(J:IE>IF_@z:rt = -(rl orc. (Jr:<t oII\ J€ LII =8f,Eo- E -o) gl:G'r..o:NE r6t =oroo -o =q8rtor$l o_\ (Y:(\IroEro.t =(o =5r=u)-ln (Y 6) S 39 DECR.EES 4I' IO'E.\LONC AN EJ:ISTINC FENCE UNE .{ DISTANCE OF I9].3"I 7) S ]I DECREES I4' .18' E.\LONC fu\ EJ:ISTING FE}ICE UNE .\ DISTANCE OF 71.04 FEET: 8) S 23 DEGREES JI' ]5' E .\LONG AN EJ:ISTING FENCE UNE .\ DiSTANCE OF JJ.]7 FEET:TI{ENCE S 79 DECR.EES -.3' 53' E .\LONG AN EXIST]NG FENCE LINE AND SOUTHER.LYBOUNDARY oF A PARCEI- oF LAND DESCRIBED AS PARCEL A iN BOOK 929 AT pAGE 158 TO 159 OF TIIE RECORDS OF SAID CARFIELD COUNTY CLER.K AND RECORDEp. .{ DISTANCE OF '(7.61 FEET To rHE END oF sAtD FENCE UNE: TI{E\CE CoNTTNUING ALONC sAIDSOUTHERLY BOUNDARY S 79 DEGR.EES -:3' 53'E A DISTANCE OF 7I.OO FE=.iTO THEJr iJ L n ulJ r Al\Ltr \Jt. / t.t,\J FE: ICENTERLINE OF THE CRYSTAL RIVER.: TI{E\CE ALONG TI{E CENTERLINE IOF SAID CRYSTAL zuVER. THE FOLLOWINC 4 COURSES: t) s I0 DEGREES 45'00'E A DISTANCE OF 76?.O}FEET: 2) S 12 DEGR.EES 30' OO' E.{ DISTANCE OF 168.00 FEET: 3) S 26 DEGREES 00', 00' E A DTSTANCE OF 219.00 FEET: 4) s 4l DEGREES 35' 02' E A DISTANCE oF 206.26 FEET To A potNT oN TI{E EA,sr uNEOF LOT 13 OF SECTION 28: THEIICE S 0l DEGREES O0' 52'w ALONG THE E\ST UNE OFSAID LOT 13 (SAID EAST UNE AI.SO BEING TI{E COMMON BOUNDARY UNE AS AGREED UPONBY UNION OIL COMPANY OF CAUFORNIA AND JOHN K & BARBARA M. SNOBBLE. SAIDAGREEMENT BEINC RECORDED IN BOOK 933 AT PAGE 836 TO 838 OF THE RECORDS OF SAIDGARFIELD COUNTY CLERK AND RECORDER,) A DISTANCE OF 909.3I FEET TO THE SOUTIIEASTCORNER OF SAID LOT 13: Ti{ENCE ALONG A COMMON BOUNDARY UNE AGR.EED UPON BYUNION OIL COMPANY OF CAUFORNIA AND THE CRYSTAL RIVER. RANCH (SAID AGREEMENTBEING RECORDED IN BOOK 9I2 AT PACE 785 TO 789 OF THE RECORDS OF SAID CARFiELDcouNfi CLERK AND RECORDER) THE FOLLOWTNG 20 couRSES: I) N 89 DECR.EES 04' 09'W ALONG T'HE SOUTH UNE OF SAID LOT 13 A DISTANCE OFs63.29 FEET To mE sourHwEsr coRNER oF sArD uorll,2) s 89 DEGREES 58' 42'w ALONG THE sourl{ uNe oilor 19. sECTIoN 29 A DTsTANCEOF 159.34 FEETTO A POINT ON AN EXISTiNG TEITCE UNT:3) N 70 DEGREES 04' 19'W ALONG AN E{ISTINC FE^IG UNE O DISTANCE OF 409.84FEET:"-urv&v' 4) N 70 DEGREES 07' IO'W ALONG AN EflSTING FE}ICE UNE A DISTANCE OF 354.35FEET: 5) N 69 DEGREES 32' 49'W ALONG AN EflSTING FE\CE UNE A DISTANCE OF 188.80FEET: 6) S 28 DEGREES 47' .I5'W ALONG AN EflSTING FE}ICE UNE A DISTANCE OF 306.75FEET: 7) S 29 DEGREES 02' 13' w ALoNG AN E0STING FEIICE LINE A DISTAT{CE OF 66.15 FEETTO A POINT ON 11{E SOUTH UNE OF SAID LOT 19: 8) S 89 DEGREES 58' 42'W ALONG TI{E SOUTH UNE OF SAID LOT 19 A DISTANCE OF295.33 FEETTO A POINT ON AN EflSTNG ENCE UNE:9) N I I DEGR.EES 04' OO' E ALONG AN EOSTINC rEUCE_ UNE A DISTANCE OF -:09.8IFEET: IO) N 13 DEGREES 46' 33'W ALONG AN EflSTING ENCE UNE A DISTANCE OF 305.85FEET: District Court, CarJield County Case No. 91CV29 Order of [nclusion of Reol Properv Roaring Fork lVater & Sanrtation Distict Page ) ofJ -a z, =qt =-cl orG() !ao-5d =EIio- Ero) qt : (Yt =ii I -'o-e-o ct -o=r8ro-tR =S'roe:c,-tr:IfiI " -()('! I l) N s+ DEci'EEs 09' l2' ',!' .{LONC AN E(tsrING FENCE uNE .{ Di'TANCE oF r<g.77FEET: 12) N 66 DECR.EES I6' 50'\,!' .{LONC AN EXISTING FE\CE LINE.,\, DISTANCE OF J98.62FEET: I3) N 45 DEGR.EES I7' 45'',V ALONC AN ryISTINC ENCE UNE.\ D,STANCE OF ]1J.59FEET: I4) N .15 DE6R.EES 20' 59' W A DISTANCE OF 717.i8 FEET TO A POINT ON AN E:{ISTINCFENCE UNE: I5) N .I5 DECR'EES O1' .I4' \!' ALONG AN EXISTING E\CE UNE A DISTfu\CE OF 45I.97FEET: I6) N 7I DEGR.EES 17' I5' W ,I.LONC AN E(ISTING FE\CE UNE.,\ DISTANCE OF J73.62FEET: 3** DEGREES 16' so'w ALONG AN EflmNG FBrcE uNE.{ DrsrANcE oF 173.66 18) N 39 DEGREES 08' OO'W ALONG AN EKISTING FE\CE UNE A DISTAIICE OF 376.i2FEE:. ro n irliiir oN TI{E wEsr uNE oF Lor 13 oF sArD sECTION 29:19) N OO DEGREES 3i. 38' E ALONG THE WEST II}Ii Oil;D LOT 13 A DISTANCE OF3IO.I I FEET TO THE SOU-N{WEST CORI.IER Or r.OfA OiiErO SECTION 29:20) N 02 DEGR.EES 03' I7' E.{LONC TI{E WEST UNE-O; SIID LOT 8 A DISTAI.{CE OF1167'25 EET ro THE sollTliwEsr coRNER oF A tAgteJor L{ND As DEscx.rBED rN BooK449 AT PAGE 57I OFTi{E RECORDS OF SAID GARFIEGi6UMV c:IT,K AND RECORDER:TI{ENCE N 89 DEGR'EES 30' 03' E ALoNg mE sounrJoi-l-NDARy uNE oF sArD pARcEL oFI3ND A DISTANCE oF lsl'19 FEET To THE soumEAiiEonNEn oF sArD pARCEL oF [AND:Ti{ENCE N 30 DEGREES 20' oo' E ALoNg mE resGiviouuoony uNE oF sArD pARcELoF I-AND A DISTANCE OF 367.79 FEET JO ffiE CEITTERLI-NE Or TI{E ROARING FORK RIVER: Htffi#oNG 11{E CENTER'LINE oF SAID noemNc 6i.x zuvEr. rr{E FoLLowrNG rs l) s 22 DEGREES s7. 15- E A DISTANCE OF Z,4.D.FEET:2) S 48 DEGREES OO' 46' E A DISTA.I{CE OF 4O3.6i FEEi.3) N 70 DEGR,EES OI'OI'E A DISTANCE OF 2g2.62trtrFT.4) N 43 DEGR.EE. 09' 09' E A DISTANCE OF ZB.';FEEi. 5) N 30 DEGREES 15. 23- E A DISTANCE oF 347 3l trtrtrT. 6) N 39 DEGR.EE' 33' 35' E.\ DISTANCE OF igA.33 E;.7) N 55 DE.REES 14' 39' E.,t DT'TANCE OF 298.20 FEil,8) N 73 DEGR,FtrS 08' 07' E A DISTANCE OF 265.4I FET.9) S 84 DEGREES 57' 03' E A DISTANCE OF Z4g.g7 FEE]'.'IO) S 57 DEGREES 59' 4I' E A DISTANCE OF X5.8J FEE.I I) S +Z DEGREES 45' 29' E A DISTANCE OF 256.3J FEEi.12) s 39 DEGREES 49' 03'E A DISTANCE oF 418.28 FEET,13) s 29 DEGR'EES 05' oo' E A DTSTANCE oF 293.00 FEEi,t4) s 36 DEGREES 34' 00' E A DrsrANcE oF 330.00 FEEi,ls) s 4l DEGREES 30' 0o' E A DIsrANclgI22s-oo iier'ro A porNT oN rHE EASr LrNEOF SECTION 29: THENCE S OO DEGREES 27' 5I'W NIO'r.rC ',,E EAST UNE OF SAIDSECTION 29 A DISTANCE OF 623.64 FEET TO Ti{E POINT OF BECINNING. COUNfi OF GARFIELD STATE OF COLORADO District Court. Culield County Case No. 91C1"29 Order of Inclusion of Real Properrv Roaring Fork lVoter & Sanitation District Page 3 ofJ av/,//' =.r& -orclI3o =aoIE>IF -oz=ro =_(It oro- oI =<t OIFJ - Fl ll,l-EIio- Erot (, =(vlr.-s =(\l O I =8;-o ={sru)r$l sr_\ (\ =$lroGroo =(Y, =Hr-lo tf 2' F:'om and rtier the date hereot'. this Inclusion ordcrshall have the eftectser fonh inC.R.S. l2- l-102. rnd other appiicable lar.v. l' The Petitioner is herebl'directed to record a cop,v oIthe r,vithin order in the realproperty records ol Gartleld County, Colorado, and ro p.ria. notice and cerrified copies of thewithin order to the carfield County Clerk and R..ordJr, the Gart'ierd county Assessor, and theDivision of Locai covernment in the Department of Locar ;t'r* ;;;#ij oppri.uure rar.v. DONE in Open Court this day of BY THE COURT: :Certified to be a full I original_.i4 ny custo( CERTIFICATE oF IvIAILING _ I Certiry that a copy of t'oregDtng was mailed to all . ,1 Counsel ofRecord This!]day of I , Li tr,r *,- lE a; ,/ ! r-ci.,. \ -? \ District Court, Garfield County Case No. 94Ct'29 O_rder of Inclusion ol'Real property Roaring Fork lvater d Saniration-Distria Page I ofJ District Judge - c irt E i i.i : i_-, i Q gr p7 c.,.. riil;[lii, J, r.:c u,rlc L E ).: \,,i o o D s r-.Sirf$:.Vol5a.{fa,' , 2000. ".I ..- .._,. ... . -.. .i... i.qno conecr c6;.f', ROARINGF0RKWATER&SANITATIONDISTRICT ROAzuNG FORK INVESTNTENTS' LLC PRE-TNCLUSION AGREENIENT THIS PRE-INCLUSION AGREEITENT is made and entered into tnis -- day of February, 1999 by and betrveen the Roaring Fork water & Sanitation District (formeriy the .,Aspen Glen Water & Sanitation District"f a Coiorado special district, whose address is9929 Highrvay 82, Carbondale. Colorado 81623 ("District"), Roaring Fork Investments, LLC whose address is 19555 E. Mainstreet, Suite 200. Parker, Colorado 80138 ("Roaring Fork") and the Board of County Commissioners for Garfieid County, Colorado ("County")' WITNESSETH WHEREAS, the District is a speciai district, formed and functioning under authority of c.R.s. $$ 32-1-10 | et. seq. (west Supp. 1998) and the District's "service Plan" ordered and decreed by the Garfield County District Court in Case No. 94CV29, providing water and server service in Garfield County, Colorado; and WHEREAS, Roaring Fork is the orvner and developer of that real prc,perty iocated in Garfield County, Colorado, more particularly described in Exhibit A attacherl hereto and incorporated herein by this reference ("Rose Ranch Property"), which real ploperty Roaring Fork desires to have included rvithin the District's boundaries in order to receive sewer service from the District; and WHEREAS, instant to future possible expansions and/or extensions 'of the District's se\!er treatment facilities, the Rose Ranch Property has been deemed under the District's Service plan to constitute, "[r]eal property capable of being served by the faciiities of the District"'" as that phase is used i" i.n.S. $ 32-1-401, for purposes of the inclusion of real property rvithin a speciai district; and ryHEREAS, as provided by the OUT-OF-DISTRICT SEWER SER'VICE AGREEMENT (.,Out-of-District Contract") executed by the District and the prior owner of the Rose Ranch Property, the Distnct is obligated to provide sewer service to the Rose Ranch Property upon the terms and conditions contained in such Out-of-District Contract; and WHEREAS, under the Annexation Policy set forth within the District's Seryice Plan and the provisions of the Out-of-District Contract Roaring Fork may, in lieu of receiving District sewer service under the terms of the Out-of-District Contract, petition to have the Rose Ranch property included rvithin the boundaries of the District pursuant to C.R.S. S, 32-1-401 et' seq' and RECEIVEDAUOO6I9Sg GARHELD COUNTY PUntltNtt'tC DEPABTMENT 109 T}TH ST.. SUITE 303 c[elwooD SPHINGS, co 81601 EXHIBIT E WHEREAS' Roarins Fork has recei'ed lrom the co*nty. pianned unit 6everopmenrzoning approval ("PUD") t-oi rtre *":.^*T:, e.p"ny'ro , zgziesiirr,oi ,"i,., a gorf course.club ltouse and attendant recreational facilitie.. ,uil.n opprovai is set forth rvithin Resolution No.9E-80' issued by the Countv ano rrteo lor record, irirr. orn.e of the crerk and Recorder forGartleld County' colorado on 09-Sep-98 at Book rosi, eog. g62 as Reception No. 531935. Itrs presently estimated that at tull buiid-or, ,"a* rfr. ,U,propertv rviri require se\r'er r..r.i.. frorn tt. oiri.,.i;irT,:',1flj"T,Tfl;;td[lffi,*:, il?i;:';tsenting 300 galions ptt aov (gpd) calcutot.a in accordance rvith the District,s Service WHEREAS' Roaring Fork has filed rvith the county a combined apprication for ptrDamendment and preiiminary plan. seeking zoning "rJ*uoiri.ion ;;;;;"ro. un added densityof thirty (30) residentiat units. ro, uiotur of 32|i.rio.nuor units on;i. R;;; Ranch properry. Itis presently estimated that at tuIl build-olrt Lrnder ii. urr*a.d lLD, if approved, the Rose Ranchiii"'-TilH!:'ll:T;:ffiT*;J",, the District * ii. totar amoun, tr:s+ EQR,s \,VHEREAS, the Distnct,s rva desi-sned ""d .;;;;:il:ffijJ::::Ier treatment plant ("rreatment plant"), as presentry ::x,.J,T$f*,1:,Hfrii:{lttrTi:xH:T,r;riul j:,,ffi ;l[*l{,,'ffi ,capacity,,o,...ffi *ffi:Ti:,L..ipit,ff J:;:ff :jilffi H|H;;,;J;;;;;=,,boundaries' Therefort, tht tt.otn.,Jnipror, irii "."Jai. .*pund.d to accommodate theMaximum Service Demand of ,fr. no.. Ranch property; and WHEREAS' the District's Service Plan and the Treatment piant design provide for theffi::iHH,i1';:lfrt: fi :[ilff *" " " ^i, ;;". ;; :;,, o r p has es o r r o o] s o o gp d o r *HEREAS, Roaring Fork is required under its pLrD approvar, to: fs]ecure a firm ton,tnitttnt of adequate servage treatment, as rvel as an agreedmethod of financial security, fromtire n"..irg e".t water & Sanitation Districtthrough [sic] commirted n;;ber of taps for thi project to be guaranteed atpreiiminary pian; and WHEREAS' Roaring Fork has agreed, consistent rvith the Arrnexation policy of theDistrict and the conditions "rnr..irg po.t,, pt,n .*."r",, to provide to the District thefinanciai securitv in th_e o,no.,n, pr.r."*,, estimateJlJ;;;;.rro to fund the expansion of thetreatment capacity of the Treatment Plant in ,t . o*ouni'r.ori..o to serv.ice ,h.'Ror" RanchProperrv at is Maximum Service D"n,rnj.'-F;;;..r'Jl,rri, agreement the term prant D raft P re- i nc I us io n A.qre eme n t Rose Runch/Rnfr*SO Page ) - Expansion shall hereinalter refer to the expansion oIthe Treatment Plant capacity above referenced; and WHEREAS, C.R.S. $ 32-1-401 et. seq. and the District's Service PIan provide requirements and procedures for the annexation and inclusion of property into the District, and specifically, C.R.S. $ 32-1-.102(1Xc) provicies that agreements may be entered into, "[b]etrveen a board and the owners of property sought to be included in a special district u'ith respect to fees, charges, terms and conditions on rvhich such property may be included."; and WHEREAS, C.R.S. $$ 31-1-1001(iXd) and 31-35-402(1)(f) authorize the District to require reimbursement of its out-of-pocket costs in providing services to the District's customers, inciuding but not limited to, server connections, inclusions to the District andplanning and revielv of line extensions; and WHEREAS, the District and Roaring Fork desire to set forth the provisions pursuant to which the Rose Ranch Property rvill be included rvithin District's boundaries; and pursuant to rvhich sewer service rvill thereafter by provided to the Rose Ranch Properry by the District. NOW THEREFORE, for and in consideration of the mutual covenants and promises of the parties, and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged and confessed, the District and Roaring Fork, on behalf of themselves, their successors, assigns, heirs, devisees and/or transferees, agree as follows: Section I. Inclusion/ Exclusion of Rose Ranch Propert;r 1. Inclusion of Rose Ranch Property within District. No later than two (2) years from the date of the execution of this Agreement, Roaring Fork shall file with the District pursuant to C.R.S. $ 32-1-40i, a petition to have the Rose Ranch Property included within the Service Area of the District. For the purpose of interpreting this pro'vision, Roaring Fork and the District agree that the Rose Ranch Properly shall be includeclrvithin the District pursuant to a single filing with District-- it being the expressed intent of the parties that the Rose Ranch Property be included rvithin the District in its entirely in a single proceeding, as opposed to multiple proceedings addressed to portions or phases thereof. Upon the District's receipt of such petition for inclusion, the Districl, shail perform all necessary steps required thereunder to include the Rose Ranch Property rvithin the District, including, but not limited to, the holding of the necessary public meetings as required by statute, and, if the Petition is granted, obtaining an Order of inciusion from the Garfield County District Court and hling and recording said Order with the Garfield County Clerk and Recorder, the Garfield County Assessor and the t)ivision of Locai Government. Draft Pre-inclusion Agreement Rose Ranch/RFII/&SD Page 3 2' Reimbtrrsement of District costs. Roaring Fork shall reimburse the District all actualcosts incurred by the District relating to rh"e in.iu.ion of the Rose Ranch properry rvithin ::;:;':".t inciuding au engineeri".s: i;_n"r. irrp..,i"", firing or recording rees and ,,.n,,"J,?,il'fi ;iirTHiiliffiIffi ::;l;;m: jruil.Til3i,.;*:li:,1j, any overdue amounts to be assessed at one p.r.*, (l%) permonth. In the e'ent theDistrict is forced to pursue coilection "r"r, "."unts due and unpaid under thisprovision' it shall be entitled to collect uuo.n.v r.es, filin-e and lien recording feesincurred in such collection efforts in addition;;;. urpaii un.,orro'aue, plus interest. 3' Provision pf water Sen'ice' under the terms and conditions of the District,s Service planas presently approved' the Dis.tric,lu, *, p.oria. domestic *ot.,. ,.*ice to propertiesoutside its initiai boundaries (i.e., the;rp.;CI;n ,,r), either through annexation orcontract' rvithout first obtaining approvai for a."oin."ii""'"i,i.t?ice pran. TheDistrict therefore finds that under-the terms oiii, .*irring Senice plan it is infeasible andimpracticable' and contrary to the good of the .r1ir. district, to extend the District,s lvater l;:::.",:1"?:,,,ifi[,,f ,]::: Rancrr p."p..,.";;; the purpose "ip.""iai,g domestic re sp o n s i b i i i t i e s re r a t i n g, ; ,;.i[ ;:lJ": ?: "Tff il ;:tlTH:::lT :,,:,ff :.",, *propertv. In accordance rvith the above, *;;;;;"nt to c.R.S. g 32_r_1006 (rxbxl), theDistrict hereby designates the Rose n*.i, nlp.ir., a sewer-only area of service. Thedesignation of the Rose Ranch Property u, u r*.i-only area of service shall remain ineffect until such time as the Districi, acting *iirri, i, jurisdiction ona'uurr,o.iry u,provided by larv' finds by resolution tt ut ilruouia u. r.uriure and for the good of theentire District to extend it' *ut., lines to tir" nos. nanch property for the purpose ofproviding domestic rvater service thereto. rrr"p"ii.. acknorvredge and agree that theDistrict may not make such finding until and urir"r, ril the Districi unJ'Rou.ing Forkenter into a separate agreement ror ttre p.oririoooldomestic water service to the Rose m:IT"J'ertv upon terms and condition-s "...plir. to the District; and (ii) the District .1i::ift;;ffi 1'#,J::H:f !i;:i,fi ::T;;l:f,:*1in jffi,,;:JI*[*,:,, 4' District charees' upon being annexed within the District and pursuant to c.R.S. g 32-l-402(1)(c)' the.Rose Ranch eiop.ay shall be , subject to the foilorving limitations, Iiablefor its proportionate share of the taxes and.tr*g., io be assessed by the District: A' consistent with the District's designation of the Rose Ranch property underParagraph 3' of this Section, una ,lntii .r.i^ri.. as such designation may berevised' all such taxes, rates, tolls and/or charges assessed against the Rose RanchProperty shall be determined in accordan.. ,"i,r.I the amornt-oi.t u.g., and costs D raJi P re- in c I us io n A gre ement Rose Ranch/RFW/&SD Page 4 incurred by the District reiating solely to the provision by the District of server sen'ice to the Rose Ranch Property; and B. any and ali service billings or charges as the same are dehned under the District's Service pian and Rules and Regulations, shall be charged against the Rose Ranch proper-ty on a lot by lot basis solely, foliorving the delivery thereto of District sewer serv'ice. Nothing in this subparagraph shall be construed to prohibit the Distnct from assessing stand-by charges to lots within the Rose Ranch Property so long as the District's sewer iines have been extended to the Rose Ranch propeny and the District assesses stand-by charges to all property within its boundaries. Exciusion of Rose Ranch Propertv. In the event Roaring Fork and/or the District are unable to satisfo the conditions set forth within this Agreement and/or are othenvise unable to satisfactorily perform thereunder, Rose Ranch shall, pursuant to C.R.S. $ 32-1- 501(1), file rvith the Diitrict a petition to have the Rose Ranch Property excluded from the District. Upon receipt of such petition by Roaring Fork, the District shall pursuant to C.R.S. $ 32-1-502(4j, exclude the Rose Ranch Property from rvithin the District and this Agreement shail terminate rvithout further action being required of the parties. The provision thereafter by the District of sanitary sewer sirvice to the Rose Ranch Property inutt U. govemed exclusively under the terms and provisions of the Out-of-District Service Contract incorporated within the Service Plan as Exhibit L. l. Section II. Treatment Plant Expansion Payment Financing for Plant Expansion. Following inclusion of the Rose Ranch Property within the District pursuant to Section I. hereof, and for the purpose of securing financing for the costs of constructing the Plant Expansion, Roaring Fork shall provide to the District: A. a cash payrnent totaling 5657,580, which amount is equal to the estimated costs instant to the permitting, planning and construction of the Plant Expansion set forth and certified by the District Engineer on Exhibit B attached hereto and incorporated herein by this reference; or. B. such other form of security as may be acceptable to the District and the County, in the amount set forth in Paragraph 1.A. of this Section. Timine. Roaring Fork shall provide the financing required under Paragraph 1' of this Section, coincident with or prior to recording lvithin the public records of Garfield County, Colorado, the first subdivision final plat for any property within the Rose Ranch Property. D raft P r e -i nclusio n A gre ement Rose Ranch/RFIY&SD Page 5 2. 5. J. ffiffi,.i,i}J.TJ,il.,ffilffi,I::lrnderthisAgreementforpurposesof;:T:il:*.1"i:H[:;rd :3ift i,tTi[:H;1;i::ffi :fl :!,J:ff :il County.g Fork and the t Ensine."' b e maintained e.x c r uu v Ji.ii; fi ;: : ffi ;::; ; i::LT:: I 1,:::', b earing ac co ur planning and consrruction of the pionii,rnrr"r^. e^:.{ c.- ] 'n:",:t to the p.iining, il':Hiffi :lf::::"":;.:i,li;i;;ffi :;:,H":: jl?::J the District or pledged b,v the oir,n.i ul'\pillrsron' satd funds shall not be withdrarvn by the purpose abor" irrr"n ',irr.^..+ .r- - security for any project or activitv nnr'i.,",,.-* *ffi o s e a b t v e s t a t e d rv i th ",',i,. o. "ffi ; IJ: : : :JJ :? rj;ffi ?:Til ff: l;,;- " ; i " cons tru c,,:;'JiHII1.."o,n sion l '' Proiect control' The District shall have excrusive control, authority and responsibirity over;i#:r,""T reiated ot ptttui'ingio tr,, n.*iurglpl*ing and construction of the prant Reooft of the District Eneineer. prior tptu*inJ olffiction of the ,,or, al,ll::,T-'q,-Icosts toward the permining, ;,:;ff [T::tli::ltor"i'ie,;,;;-J.'ff .""1;ii:,?::]:';fi:fi ::'fi I#IIH:"" cosr requireo n"..oli,l'"",L,llilt}'"Ti'iv otitno*itotJ"ro agreed ,,rr,,,r'. ,roatingor rata share (with existing u..., ;iffi;:'.T:H:ffi'.,1";i1t.-Ilsllappricatre, a p-ro- ;3:["':;::T":trff ['#::TlL":,jl1T;;i#I;'i"ifr L'l;#:'.:h1'-"#'" en,ireo-i,,.io.,J;; j::,.1i:.Jlliff":,:.1!i{il..Tr*il:it.Hrfl f{:ffi Il:1.bar screen)' In the event the updated.ort, .*...0 irrl .-rr1-ated costs set forth in ExhibitB attached hereto. the District rr*r... r,rurr in.rua" Jitni" n,, report, a writtenjustification suppor-ting t"l' r*;il;;r.. Roaring eo.t ,rrurr reimburse to the Disrrictwithin thirty (30) days of its receipt oiL ru.", alr reasonabre costs and expensesrncurred by the Disrrict in prepariig ii.'oirr.ict Engineer,s reporr.,," IIJ:lilLf;i*fi:T:;rH;:11.,,,Districr of the objections "rn"Jrg io"*,1r-r, ; il;;s set forrh therein. If no;:fi ::H:.;[,*:Xlll"]:l:*3.:11]:1;;;H':i,a,u"deemed,.haveaccepted the Distric - rv^rvu' ^uanng lork shall be deemed to havep,ouid..*..*,,"i.'."-ffi::.j,l'ff [lil"il];flUm:ll1;H:"L,,:l.,nt,l:,1shall' rvithin fifteen ( 15) days "iiir^..*ip, "r,t," ,#" .Joo,,rn a date, time and Iocation::,1,"",l#,[ ..i:}ilL* p'n i'. ;; ;;;0,* o s e o r d etermini ng th e au o c ati o n o r s uch D raft Pre - inc I us io n A greem en r Rose Ranch/RFII/&SD Page 6 Payment of increased Costs. Within thirty (30) days of its acceptance of the District Engineer's report pursuant to Paragraph 3 of this Section, Roaring Fork shall provide to the District: A. a front-end cash payment in the amount constituting the difference between the amount paid to the District by Roaring Fork pursuant to Section II and the total amount of costs set forth in the District Engineer's report, rvhich payment shall immediately be deposited by the District in the account maintained by it under Section II: or B. additional security in a form acceptable to the District and the County in the amount constituting the difference befween the amount secured by Roaring Fork pursuant to Section II and the total costs set forrh in the District Engineer's report. Cost Ovemrns. If; subsequent to the acceptance by Roaring Fork of the costs set forth in the District Engineer's report of updated costs pursuant to Paragraph 2 of this Section, the District incurs "Cost Ovemlns" during the permitting, planning and construction of the Plant Expansion, the District shall immediately provide rvritten notice to Roaring Fork of the nature and extent of said Cost Ovemrns. For purposes of this provision, "Cost Ovemtns" shall be defined as the increased costs actually incurred by the District in tlie permitting, planning and construction of the Plant Expansion over and above the estimated costs for the same set forth within the District Engineer's report and accepted by Roaring Fork. Within five(5) days of receipt of such notice, Roaring Fork shall provide written notice to the District of the objections of Roaring Fork, if any, to the Cost Ovemrns claimed by the District. If no objections to the report are provided to the District by Roaring Fork within this time period, Roaring Fork shall be deemed to have accepted all the Cost Ovemrns set forth therein. If Roaring Fork provides notice of its' objections to the District pursuant to hereto, the District shall, within five (5) days of its receipt of the same, establish a date, time and location for a joint meeting of the parties for the purpose of determining the allocation of these costs among the parties. Pavment of Cost Ovemrns. Roaring Fork shall pay to the District the total amount for all Cost Ovemrns within thirty (30) days of its' acceptance of the same pursuant to Paragraph 5 of this Section. 7. Notice to District. In order to facilitate the Distict's ability to plan for and construct the Plant Expansion, Roaring Fork shall timely provide to the District notice of the filing by Roaring Fork of all future applications for final plat subdivision approvals appurtenant to the Rose Ranch Property and the time period within which Roaring Fork reasonably anticipates County approvals for the same rvill be received. D raft Pre-inc I usio n A greemen t Rosc Ranch/RFW&SD Page 7 5. 6. +. o 1. 2. Section [V Connection to District Facilities Procedure for Connection to District Facilities. Upon providing rvritten notice to the District and satisfying ail required provisions of this Agreement, Roaring Fork shailbe allowed to connect the Rose Ranch Property to the District's Treatment Plant and receive waste\,vater treatment service from the District. Costs. Roaring Fork shall pay ail infrastructure costs for connection to the District's seler system and Treatment Plant, including, but not limited to, the costs of internal collection lines, necessary extemaljoint trunk or interceptor lines, outfaii lines, lift stations, other appurtenant collection facilities, and its own administrative costs. In the event Roaring Fork oversizes any lines, lift stations or other facilities in connecting the Rose Ranch Property to District facilities, it shall be entitled to recoup the oversizing costs from those owners and customers benefitted by such oversizing. For this purpose, Roaring Fork and the District shall execute an appropriate reimbursement agreement incorporating terms no less favorable to Roaring Fork than the terms contained in the Construction and Reimbursement Agreement executed by the District and Aspen Glen Golf Partners and incorporatedwithintheServicePlanasExhibitJ. Plans and Sgecifications. All sewer lines and facilities on the Rose Ranch Property shall be constructed and installed in accordance r,vith the District's Rules and Regulations in effect from time to time and all applicable terms, conditions, restrictions and schedules set forth in the subdivision approvals issued by the County for the Rose Ranch Property. The Parties acknowledge that the infrastructure to be installed within the Rose Ranch Property will be constructed by Roaring Fork in accordance rvith the phasing schedules set forth within the applicable subdivision approvals issued by the County for the Rose Ranch Property. Upon completion of the final engineering and design plans for each respective phase of the facilities to be constructed on the Rose Ranch Property, Roaring Fork shall fonvard these plans to the District Engineer, who shall approve or disapprove the plans rvithin thirty (30) days of receipt, and rvhose approval shall not be unreasonably withheld. In the event the District Engineer disapproves of such pians, he shall provide written notice to Roaring Fork describing with specificity the reasons for his disapproval and the changes necessary to make the plans and specifications acceptable to the District. In the event the District and Roaring Fork are unable to reach agreement on the required plans and specifications, the parties hereby agree to approach the District Board of Directors for resolution. Upon approval, the District and Roaring Fork shall execute in dupiicate a document clearly specifying the approved plans and specifications to provide both parties certainty as to the agreed upon plans and specifications. Draft P re-i nc lus io n A gre ement Rose Ranch/RF|V&SD Page 8 5. 6. -+.Chanse orders' To facilirate completion of the lacilities on the Rose Ranch properry inaccordance "vrth the ruies and,.g,-ilations of the District, Roaring Fork, its,contractors andagents may propose reasonable change orders, of which Rounng Fork shall provide theDistrict r'vitir notice and copy of the ."ur.. lvithin trr... f:; days, or such lesser period asmay be required under the circumsrances of receivin;;;.. and a copy of the proposedchange order(s)' the District shall either approve the same or propose an alternative(s)rvhich rviii not resuit in unreasonabie delay. If th.;i;;iJt fairs ro approve the changeorder or suggest an alternative rvithin ttuee (:) o"vi n""Jng Fork may proceed rvith thechange' All approved change o.a..r, lc1ud;;g .,ir'.r*rr. order deemed approved, shairbe incorporated into and become part of the agreed upon pron. and specifications. Inspections' The District shail have the right to inspect all faciiities and work on the RoseRanch Property prior to the dedication of such a.iriti.s io .nru.. compriance rvith theagreed upon plans and specifications. Roaring Fo.k ,h;iireimburse the District for thereasonable actual.costs of such inspections. warranty' Roaring Fork shall warrant all facilitres conveyed to the District for a period oftwo (2) years from the date that Roaring Fork's engirr...'.ertines in writing that thefacilities have been constructed uJ i*iuil.a in .o,ifiiil rvith the agreed upon pransand specifications, and any auly aeemed or approv.i;;;;;. orders, which date shalr irsobe known as the cerrificatron d;. $;1,,fi:;{;:;"#*'iiru sharr rvarrant that any andall facilities conveyed to the oittri.iriurl be free of anydefects in materials orrvorkmanship for a time period of two 1Z; y.ors. 7. H..lv.i1tri11en.(10) days of the certification date,:"#i*"Ji,:T*:1:**mr,";;;ffi :t?;ffi ;rff fj,Til:ll,ti,H:lr-":"i;,i*:::,::'n;*'I::::::::*;;;;:ffiT;'#:"ffi ::';;:;.,,::;J[::::in"T::*::i],J53,]***y,".ff :jffi "T:l;::T,',[:rfl l;]ffi , ff I;JL,.,",::,1T jl:T:?::*:::r-111;,ti;T""il:i;;;ff :H*:',i,li:,lTIiJJ,:I :ili.:l:l"li;.1^":,::^i*,1_,T,1ilGffi ffi :ffi XTi,:li::l:f ;1*:11 ::::'::.t"^: r' ll' : n":' 1 g r:, on materi ai supp r iconnection rvith the ic;lif:#}# suppliers ror work and materials turnished in 8' Conve-vance of Easements Roarils Fork shail by special rvarranty deed convey to theDistrict nonexclusive easements necessary for the Dlstrict to maintain, operate, repair, andreplace the facilities iocated on the Rose il;fiGerg and dedicated to the District,free and clear of all liens' encumbrances, and titledlfects rvhich could defect the District,stitle' and any title defects '"vhich would affect ttre oistrict,s ability to use each easement forits intended f u?o1. Roaring Fork shau ;il;;;does reserve the right to use incommon rvith the District any easements it convey-s'to the District for irigress and egressand for all utility purposes not inconsistent with ,i. oi.,.r.r,s use. rne iistnct sha, Draft Pre-inclus io n,4 greement Rose Rttnch/RFIV&SD Page 9 9. notity Roaring Fork of its plan to excavate any easements on the Rose Ranch Property, and shall make all reasonable efforts to minimize disturbance to the o',vner(s) and the user(s) thereof. All easements conveyed or established pursuant to this paragrapir shail be and hereby are subject to the obligation of the District to repair and revegetate disturbed areas to a condition and grade substantially similar to that rvhich existed before the disturbance. Control of Facilities. Once conveyed to the District, and subject to the',varranty provisions of Paragraph 6 of this Section, the District shall be solely responsible for operation, maintenance, repair, and replacement of all facilities located upon the Rose Ranch Property which are dedicated to the District. The District shall at all times operate the district facilities in an economical mamer, and shall make repairs and replacements to assure continuous operation. Release of SecuritJr. Completion of construction of all facilities required to be constructed on the Rose Ranch Property under this Section shall be secured under the applicabie Subdivision Improvements Agreements to be executed by Roaring Fork rvith the County instant to the final platting of the Rose Ranch Property. Prior to the release of said security by the County, Roaring Fork shall provide satisfactory evidence to the Gounty that the dedications and conveyances required under Paragraphs 7 and 8 ofthis Section have been made to the District. Section V. Calculation of Tap Fees and Payment of Common Element Surcharge Transfer of Tap Riehts. The right to receive one EQR of sanitary sewer service and wastewater treatment capacity from the District's facilities shall be known as a "Tap Right". Upon receiving from Roaring Fork pursuant to Section II, Paragraph 1 financing for the Plant Expansion, the District shall assign to Roaring Fork in the form of prepaid "Tap Fees" all the Tap Rights that will be created by such Plant Expansion. Tap Rishts Appurtenant to Rose Ranch Property. All of the Tap Rights assigned to Roaring Fork under Paragraph 1 of this Section, shall be deemed appurtenant to the Rose Ranch Property and as such, shall not be assignbd, transferred or conveyed by the District or Roaring Fork to secure or provide District sanitary sewer service to other properties located outside the Rose Ranch Property without the prior written consent of the County, the District and Roaring Fork. Determination of Tap Fees. The Tap Fee to be charged for each Tap Right shall be equal to the sum of: 10. 1. 2. J. D raft P re -inc lus io n A greement Rose Runch/RFW&SD Page l0 A.An amounr to be estabrished from time to time by Roanng Fork in its sorediscretion ',1'hich shail be based upon the actuar costs incurred or reasonabrvestimated to be incurred by Roarin*e Fork under Sections Il,;iill.\)'o?",",Agreement, prorated on a per EQRlasis, plus interest. Roaring Fork shall initiallyestablish this amount prior to the saie of iny lots within the Rose Ranch property and shali provide notice of the amount of such tap fee to the Distnct; thereafter,Roaring Fork shail be entitled to adjust the same no more than one time annuailyand shall provide rvritten notice of iuch modified tap fee to the District no less than II:,TI,:") davs prior to the date anv such change rs to ue implemented by the Al amount ("capitar Reserve") to be estabrished by the District at its solediscretion which amount shall be: B. Aa. I ' based upon the estimated required future capital repairireplacement costs tobe incurred by the District instant to the continued operation of theTreatment plant and sewer facilities; and 2' applied uniformly against ail rap Rights issued to properties,,vithin theDistrict's boundaries or service area,-suuject to the right of the District ioadjust the capital Reserve element bas.d'upon the number or size of liftstations, if any, necessary to serve any parti^cular property. Palzment of Commo4 Element Surcharw. The common Element Surcharge represents aper EQR charge for the oversizing of facilities pr.;;;ly;onstructed within theTreatment Plant and benefitting pioperties locaied outrii"ln. Aspen Glen planned unitDevelopment' The parties hereby agee that the Common Element Surcharge whichbenefits the number of tap rights to be acquirgd bv nou.ing rork under this Agreement iss370'596'00' Roaring Fork agrees that it it utt puy ,o trr. Btt.i.t the sum of S-320,596.00,together rvith interest at th-e rate of six percent (6%) perannum from the date hereof untilpaid' in full satisfaction of its obligation to pay the common Element Surcharge in one (l)payment prior to the date that Roaring Forkis allowed to muk. any physical connectionfrom any of the Rose Ranch Property-to the District's wastewater treatment plant. It is theexpress intent of the parties that none of the Rose Rancr, p."p..ry shall be entitled tophysically connect to the District's facilities or receive *'uri"*ur., treatment servicetherefrom untir Roaring Fork pays the District the common Erement surcharge asprovided in this paragraph. D raft P re- i nclus io tr A gre emen t Rose Ranch/RFIV&SD Poge I I 1. Section VI Conditions to District Service District Service Conditions. The Distnct's obligations to provide sewer sen'ice to the Rose Ranch Property shall be expressly conditioned upon the satisfaction of the following: A. B. D. C. inclusion of the Rose Ranch Property rvithin the District pursuant to the provisions of Section I, Paragraph 1.; and receipt by Roaring Fork of all applicable County subdivision approvals for the lots or properties within the Rose Ranch Property requesting District sewer service; and receipt by the District pursuant to Section iI, Paragraph 1, of the required financing for the Pldnt Expansion and payment by Roaring Fork of any increased costs for the Plant expansion as provided in Section III; and satisfactory performance by Roaring Fork of the requirements and conditions to Connection to District Faciiities ser forth in Section IV; and E. receipt by the District from each iot owner requesting District sewer service of rvritten evidence that Roaring Fork has been paid the "Tap Fee" applicabie to the lot or direct payment to the District of the applicable Tap Fee as provided in paragraph 2 of this Section; and F. Receipt by the District of the Common Element Surcharge as provided in Section V; and G. receipt by the District of all amounts required to be paid by Roaring Fork under Section III and Section IV; and H. Satisfaction by Roaring Fork of any other term and condition required of it under this Agreement. 2. Reimbursement to Roarine Fork. In the event the lot owner requesting District Sewer service has not paid to Roaring Fork the Tap Fee as aforesaid, the District shall require such lot owner to pay to the District the then applicable Tap Fee for users rvithin the Rose Ranch Property, prior to receiving service from the District. In such event, the District shall rebate to Roaring Fork the full amount of such Tap Fee, excluding that portion of the same attributable to Capital Reserve, prior to authorizing such lot owner to connect to the District's facilities and receive service therefrom. The District shall make payment to Draft Pre-inclusion Agreement Rose Ranch/RFIY&SD Page I 2 Roaring Fork under this provision',vithin sixty (60) days of its receipt of payment of a TapFee from the rot owner requesting District sewer s.*,ice. 3' oblisation to Provide Service. upon satisfaction of the foregoing conditions, the Districrshall be obiigated to provided sanitary server service to the Rose Ranch property as thedemand for the same arises for the number of EQR's represented by the Tap Rights issuedto Roaring Fork under the provisions of section i, ,uithout further payment to the Districtof any system improvement fees charged by the District which are attributable toTreatment plant expansion or systems enlargement. Section VII Dispute Resolution In the event the parties are unable to agree upon any matter addressed within thisAgreement, each party shall select an engineeito r"pr.r.riits interests. The selected engineersshall then appoint one engineer, who shall provide a determination upon the matter in dispute. Inthe event this process of settlement fails, the parties agree to resolve such dispute by arbitration inaccordance r'vith the rules and regulations of the Amelcan Arbitration Association then in effect.The determination of the arbitrator shall be final and conclusive and judgment may be enteredupon it in accordance rvith applicable law in any court having jurisdiction thereof. Section VIII Compliance rvith Rules and RegulationsNon-discrimination Upon inclusion of the Rose Ranch Property within the District and subject only to theterms and provisions of this Agreement, Roaring Fork and,h. o*n.., or customers within theRose Ranch Property shall be bound by and compty with the District Rules and Regulationsapplicable to properties within the Disirict as the same -u, t. amended from time to time. Section IX Audits, Reports and Inspections The District shall maintain the records, accounts, and audits required by statute or whichrvould be kept under normal business practice, and copies orru"t r""oid, shali be provided toRoaring Fork upon request' Each party shall keep fuli andlccurate records of all constructioncosts and related costs, which shait be made availabl. ufon..quest. The District shall have theright to inspect the facilities located upon the Rose Ranch property as provided in the District,sRules and Regulations, and Roaring Fork shall, upon notice to the District, have the right to i::ffi:::t District's rvastewater treatment plant, i.rr". lines, Iift stations, and other appurtenant Draft Pre-inclus ion Agreement Rose Ranch/RFW&SD Page I 3 2. Section X County Obligations The County's duties and obiigations under this Agreement are and shall be limited to those duties and obligations set forth in Section iI, Paragraph 3, Section IV, Paragraph 10 and Section V, Paragraph 2. L Section XI General Provisions Termination. This Agreement shall be in fuil force and effect until terminated by mutual agreement by the parties hereto, or as provided by law. Good Faith. Because of the need for a regional rvastervater treatment facility, the parties agree to proceed in good faith rvith the implementation of this Agreement. The parries further agree to negotiate in good faith for future financing and construction of additional Common Elements, wastewater treatment plant capacity, and any other facilities. Service Plan Integration. This Agreement and its Exhibits shall be incorporated in the District's Service Plan, as though set forth there verbatim. Compliance with State and Federal Law. This Agreement shall not be construed to be in violation rvith the laws of the United States or the State of Colorado, nor in any manner which adversely affects or diminishes the financing capabilities of the District. Enforcement: Specific Performance. In the event of any material failure by either party hereto to comply with the terms of this Agreement, the other party shall have standing to bring suit at law or in equity to enforce compliance herervith. It is expressly agreed that any default in the provisions hereof may be specifically enforced. This Agreement shall be construed in accordance rvith the iaws of the State of Colorado, including the Special District Act, C.R.S. $$ 32-l-101, et- seq. Non-Mereer. Each party's obligations under this Agreement shall be assignable to any grantee, purchaser, transferee, or assignee ofthe party's interest, and shall survive any such conveyance, purchase, transfer, or assignment. Covenants: Recordine. The provisions of this Agreement shall constitute covenants running with the lands affected thereby, and upon execution this Agreement shall be recorded in the records of the Garfield County Clerk and Recorder and shall thereafter constitute actual notice of the terrns and conditions hereof to any and all future users of D raft P re-inc lus ion A greement Rose Ranch/RFW&SD Page l4 J. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. District sen'ices on the Rose Ranch Propertv, and all owners, tenants or other persons rvSooccupy units or reside upon the Rose Ranch property. Attomevs' Fees' Each party shall bear its o'uvn attomeys' fees incuned in the negotiation,e.xecution, and implemenlation of this Agreement. H;;;";., in the event arbitration orlitigation is necessary to enforce the ri-ehts of the parties to this Agreement, as betr.veenthemselves, the prevailing party in such arbitration or litigation shall be entitied toreasonable attomeys' fees and costs actually incurred. complete Aereement: Amendment- This Agreement constitutes the entire and compieteagreement behveen.the parties, and any modification or amendment hereto shall beevidenced by a writing signed by the parties. Bindins Effect' This Agreement shall be binding upon and inure to the benefit of theparties, their heirs; successors, grantees, and assigns. Nothing herein shall preventRoaring Fork from selling its property and the benefits and obligations of this Agreementshall be appurtenant to the property conveyed. Authority' Each person executing this Agreement represents and warrants that he has beenduly authori zedby tJre ganv rvhich he purports to represent to execute this Agreement. andhas authority to bind said party to the tlrms and conditions of this Agreement. No waiver' No provision of this Agreement may be waived except by an agreement inwriting signed by the rvaiving party. A waiver oiuny term or provision shall not beconstrued as a rvaiver of any other term or provision. Headings' The paragraph headings in this Agreement shall not be used in the constructionor interpretation hereof, as they have no subsiantive effect, and are for convenience only. Severabilitlz. If any part or section of this Agreement shail be found void or invalid by acourt of competent jurisdiction, such finding shall not affect any remaining part or section,and said remaining parts or sections shall continue in full force and effect. The partiesshall renegotiate in good faith any matter addressed uy u pu.t or section that is found voidor invalid. Notice' All notices required under this Agreement shail be in rvriting and shall be handdelivered or sent by registered or certifieJmaii, return ....1p, requested, postage prepaid,to the addresses of the parties herein set forth. All notices ,o girren shall be consideredeffective seventy-two (72) hours after deposit postage paid in the United States Mail withthe proper address as set forth below. Eiiher party;t;;; so given may change theaddress to rvhich future notices shall be sent. D raft P re- inclus io n A greemen t Rose Ranch/RFW&SD Page I 5 Notice to: Roaring Fork Water and Sanitation District 9929 Highway 82 Carbondale, Colorado 8 1 623 With copy to: Larvrence R. Green Balcomb & Green P.C. P.O. Drawer 790 Glenwood Springs, CO 81602 Notice to: Roaring Fork Investments, LLC Attn: Ron Heggemeier Heggemeier & Stone, P.C. 19556 East Main St., Suite 200 Parker, CO 80134-7374 With copy to: Timothy A. Thulson, Esq. Balcomb & Green, P.C. P.O. Drarver 790 Glenrvood Springs, CO 81602 Notice to: Garfield county Department of Building and planning Attn: Mark Bean 109 8'h Street, Suite 303 Glenwood Springs, CO 81601 Draft Pre-inclusion Agreement Rose Ranch/RFrV&SD' Page 16 IN WITNESS wHERroF, the parties have executed this Agreemenr in muitiple onginalson the day and vear first rvntten above. ROARNG FORK INVEST}VIENTS, LLC ROARING FORK WATER AND SANITATION DISTzuCT t'-) - ( ./,.'" ,' ( ../)By- / rrestOent BOARD OF LTNTY COMMISSIONERS, GARFIEL , COLQRADO ATTEST: By Clerk D raft P re-i n c I us io n A gre e m ent Rose Ranch/RFly&SD Page I 7 Ronald R. Heggemeier, Manager t' Lllllll.lllll ullf lllllllll |ilil lillllilt ll]llll lllt503025 !2/31/t996 03;13p Aioo:i-Fzr3 3197 of 2 R 11.00 O 0.OO N O.00 GRRFIELD COUNTY CLER QUITCLAIM DEED This deed, made this l6th dav of December, 1996, between ASpEN GLEN GOLFCOMPANY, a Colorado Limited Partnership (Grantor) and ASPEN GLEN wA,rER &SANITATION DISTRICT (Grantee): WITNESSETH, that the grantor for and in consideration of the sum of one Dollar and othergood and valuable consideration, the rec.eipt and sufliciencf of which is hereby acknowledged, 6asremised' released, sold, conveyed and quit claimed, ana uf ir,"se presents does remise, release, sell,convey and quit claim unto grantee, its successors andassigns forever, all right, interest, claim anddemand which the Grantor has in and to the water rights toge"ther with improvements, if any, situate,lying and being in the county of Garfield and statJof cJlorado described in Table Nos. I and 2: AN TINDIVIDED INTEREST IN THE FOLLOWTNG DESCRIBED WATER RIGHTS: The above described water rights having had their point of diversion changed in case No. 93CWl92to the Aspen GIen Wells No. l_7. A IOO% LINDTVIDED INTEREST IN TTM FOLLOWING DESCRIBED WATER RIGHTS: TABLE #2 TABLE #I /\ -?o-'/2.,'t; h.' Lhrvrence R. Green Delaney & Balcomb, p.C. P.O. Drarver 790 Glenwood Springs, CO g1602 '*ffi ,l:,,,:,,..,, ......t,,,.,l,,,.,,..,.,,,,, i,:,.,c;iu.xn.. ffi-Percentnge of, Grantor's lnterest to be :.Trrnsfcrrcrl Kaiser & Sievers Ditch 05/1 1/l 889 t1/02t1885 c.A. 132 400 57.syo (2 30cfs) 13 goh (0.3 l Tcfs) Kaiser & Sievers Ditch First Enlargement 0s/l l/t 889 t0/12n886 c.A. 132 3.6 92.50h (2 97cfs) t3 8% (0 4l0cfs) Kaiser & Sievers Ditch Second Enlargement 08/26/1910 0411511902 c.A. 1432 2.0 82.5% (1.6scfs) 13.9o (O 227cfs) Crane and Peebles Ditch 04/06fi909 0410 l/l 88s c.A. l3sl 6.4 97.syo (6 24cfs) 13.lYo (0 820cfs) Aspen Glen Well #l 10/31/95 1000h (1.6 cfs TOTAL for Aspen Glen Wells I through 7) Aspen Glen Well #2 93CW192 100% (1.6 cfs TOTAL for Aspen Glen Wells I through 7) Aspen Glen Well #3 t0l3U95 93CW192 100010 (1.6 cfs TOTAL for Aspen Glen Wells I through 7) Aspen Glen Well #4 t0/31/9s 93CWl92 t00yo (1.6 cfs TOTAL for Aspen Glen Wells I through 7) Aspen Glen Well#5 10/31t95 93CWr92 100% (1.6 cfs TOTAL for Aspen Glen Wells EXHIBIT F : :,::rr.:::::::.::::::::::::::Y:l:::r.l:::::::: rrj i:r::::::::::::rjrr:::r:.'::rl AdJ;,,Date , 93CWt92 10/31t95 tl["t|Jllll !!llf!.llfl]lllllllll IIIIII III IIIII IIII IIII5o3o2i tz/3t/ tse6 osi isF-B1o6i-Fzie ers2 0f 2 R 11.00 0 0.oo N o.o0 GnRFiELD COUNTY CLER The above described rights are subject to all conditions imposed by the decree in 93Cwl92and all previous decrees. IN WITNESS wlIEREoF, the Grantor has executeci this deed on the ciate firsr. ser lorrhabove. ASPEN GLEN GOLF COMPANY By: MANAGEMENT COMPANY FoR ASPEN GLEN, INC. a Colorado Corporation, its General partner .fi ./---,t Georg6 R. Hanlon, Jr. Vice-President STATE OF COLORADO . ) ) ss. coLrNTY OF GARFTELD ) - The foregoing^was acknowledged before me this &ourof December, r996, byGEORGE R. HANLON, IR., AS Vice-PTesident of MANAGEMENT CoMPANY FoR ASPENGLEN, INC., a Colorado Corporation, GeneralPartner of ASpEN GLEN GOLF COMPANY. WITNESS my hand and official seal. glB ColoradoAvenue ,r:';#.ffi "?'*}i:;.^?*;l:1,, Aspen GIen Well #6 10/3U95 100% (1.6 cfs TOTAL for Aspen GIen Wells I through 7) Aspen Glen Well#7 93CWl92 100% (l 6 cfs TOTAL for Aspen Glen Wells I through 7) a\ 2 ,r'-)-i'--* NOTARY PUBLIC t\ [- l)'! ::,rfr rrl{t \11\ II\i, )\ *rJ \l tt(, .l t\ C^ F ,#66 ,4 \ \"i i:'iliiii ffli1l..&.t:l Fu,\sl, $}\' 1 ri ii 5o B Froo \ ,/'"l :.j ) 'i .a i ,j,,li {fN I \ I ,' il lliltt tt It ll It Qrqo+) I J\ t \ /iF-{:he \ I tt, l!X F] '/ tt '-',,'4 l i i i I v, : "r$ .J .i t i\. 1\,:ui \ t Y Ui*"*-' ,t,' !f, :, 1 /,,"' 't Jl. 5 Dzofra,I. '(i N 'rfld,nfr F!s (,^ t\. - ,,"t-- ,.=,, l ,,J) $ M \ I t -t I I irt' )il;i II {i{iIi +i 'rrl ilifft.tl /l; )]i l. ri,: u ,) I,I {il r r. ,.,f ,. '.1' t.l..I I riit:,.\ $'r ,il t; lt'-rj ,l al 1l [. ;1 f DRAFT 4II5IO3 ROARING FORK WATR AND SANITATION DISTRICT LINKSVEST/BAIRCHASE, LLC PRE-INCLUSION AGREEMENT This Pre-tnclusion Agreement is made and entered into as of the last date written below, by and between the Roaring Fork Water and Sanitation District, a Colorado special district ("District"), and LinksVest/BairChase, LLC ("Bair Chase"). WITNESSETH: RECITALS A. The District is a Colorado special district, organized and operating under authority of C.R.S. $$ 32-1-101 et. seq., and the District's Service Plan ordered and decreed by the Garfield County District Court in Case No. 94CV29, as amended by the Service Plan Amendment dated December 2000, and approved by the Board of County Commissioners for Garfield County on May 7,2001, under Resolution No. 2001-28 (collectively, the "Service PIan") and the District's Rules and Regulations promulgated thereunder, for the purpose of providing water and sewer service in Garfield County, Colorado. B. Bair Chase is the owner and developer of that real property located in Garfield County, Colorado, more particularly described in Exhibit A attached hereto and incorporated herein by this reference ("Bair Chase Property"), which real property Bair Chase desires to have included within the District's boundaries in order to receive water and sewer service from the District. Bair Chase may from time to time acquire additional property adjacent to the Bair Chase Property, and may petition the District for inclusion within the District's boundaries. Upon such inclusion, such additional property shall become subject to the terms of this Agreement, and shall be included within the definition of Bair Chase Property as used herein. C. The District has determined that the Bair Chase Property constitutes "[r]eal property capable of being served by the facilities of the District . . ." as that phrase is used in C.R.S. $ 32-1-401, for purposes of the inclusion of real property within a special district. D. The District, then known as the Aspen Glen Water and Sanitation District, and Union Oil Company of Califomia, predecessor in interest to Bair Chase as to the Bair Chase Property, and the Aspen Glen Golf Partners, Ltd., entered into an Out-of-District Sewer Service Agreement recorded in Book 0912 atPage 973, Reception No. 467451 of the real property records of Garfield County, Colorado ("Out-of-District Sewer Service Agreement"), by which the District is obligated to provide sewer service to the Bair Chase Property upon the terms and conditions set forth in the Out-of-District Sewer Service Agreement. Under the Annexation Policy set forth within the District's Service Plan and the provisions of the Out-of-District Sewer Service Agreement, Bair Chase may, in lieu of receiving sewer service pursuant to the terms of the Out-of-District Sewer Service Agreement, petition to include the Bair Chase Property within the boundaries of the District pursuant to C.R.S. $$ 32-1-401 et. seq. Bair Chase desires to exercise this option, and to be included within the District rather than receiving sewer service under the Out-of-District Sewer Service Agreement. E. Sanders Ranch Holdings, LLC. predecessor in interest to Bair Chase as to the Bair Chase Property, entered into a Water Line and Water Tank Easement Agreement with Wayne Rudd and Rudd Limited Liability Company (collectively, "Rudd"), recorded in Book 1135 at Page 192, Reception No. 547286 of the reai property records of Garfield County, Colorado ("Rudd Water Agreement"). Under the Rudd Water Agreement, among other things, Bair Chase has the right to construct a water tank of up to 700,000 gallons in size, together with pumps, pipelines and other related structures and facilities, including electric power, on property owned by Rudd. Rudd may connect to and receive water service from such facilities, subject to such terms and conditions as the District may impose. The interests of both Bair Chase and Rudd in the Rudd Water Agreement are specifically assignable to the District. F. Sanders Ranch Holdings, LLC, predecessor in interest to Bair Chase as to the Bair Chase Property, entered into a Sewer Service Agreement with Rudd, recorded in Book _ at Page _, Reception No. _ of the real property records of Garfield County, Colorado ("Rudd Sewer Agreement"). The interests of both Bair Chase and Rudd in the Rudd Sewer Service Agreement are specifically assignable to the District. On March 31, 2003, Bair Chase provided to Rudd notice pursuant to paragraph (a) of the Rudd Sewer Agreement, advising Rudd of Bair Chase's intent to proceed with the development and construction of sewer facilities within the Bair Chase Property. Rudd . G. Bair Chase has received from Garfield County pursuant to Resolutions 2001-27 recorded in Book l25l atPage 649, Reception No. 580525 of the real property records of Garfield County, Colorado, and2002-63, recorded in Book 1357 at Page 514, Reception No. 606434 of the real property records of Garfield County, Colorado, approval for planned unit development zoning ("PUD") for a 48 single family dwelling units,48 multi-family dwelling units, 14 lodging units, 120 apartments or condominiums, and a golf course with club house, restaurant, commercial space, golf maintenance facility with offices, and hshing cabin. The development approved by the PUD totals 220.2 residential EQRs and 29.35 commercial EQRs (a total of 249.55 EQRs), with one EQR representing 300 gallons per day calculated in accordance with the District's Service Plan. Bair Chase is preparing to submit to Garfield County an application for approval of subdivision preliminary plan for the PIID. Bair Chase may in the furure seek amendment of the PIID to allow for additional residential or commercial development on the Bair Chase Property, and desires that this Agreement make provision for such additional development as may occur. H. Bair Chase desires to receive water service from the District for all residential and commercial development on the Bair Chase Property, together with up to three acres of associated landscaping. In this regard, Bair Chase, the District, and the Basalt Water Conservancy District have filed an application with the District Court in and for Water Division No. 5, in Case No. 01CW187, an application to change water rights under contract with the Basalt Water Conservancy District to the Aspen Glen and Coryell Wells owned by the District, and to approve of a plan for augmentation for water service from the District to the Bair Chase Property of up to 349.55 EQR, including the irrigation of up to 3 acres of parks and landscaped areas, using water from Reudi and Green Mountain Reservoirs under contract from the Basalt Conservancy District for augmentation and replacement purposes. Upon inclusion of the Bair Chase Property within the District, Bair Chase intends to convey to the District the water rights 2 and plan tbr augmentation decreed in Case No. 01 CW 1 87, together with its rights under the Basait Consen ancy District contract, in order to allow the District the legal ability to provide water sen'ice hereunder. I. Requirements and procedures for the inclusion of property into the District are set forth in C.R.S. $$ 32-1-401 et. seq. and the Distnct's Service Plan. Pursuant to C.R.S. $ 32-1- 402 (l) (c), agreements may be entered into "[b]etween a board and the owners of property sought to be inciuded in a special district with respect to fees, charges, terms and conditions on which such property may be included." J. The District is authorizedby C.R.S. $$ 32-1-1001 (1) (d) and 3l-35-402 (1) (0 to require reimbursement of its out-olpocket costs in providing services to the District's customers, including but not limited to, sewer and water connections, inclusions to the District and planning and review of line extensions. K. lnclusion of the Bair Chase Property within the District and the provision thereafter of domestic water service and sewer service by the District upon the terms, conditions and provisions of this Agreement is consistent with and satisfies all requirements under the District's Service Plan, including but not limited to all policies relevant to the provision of water service to the Regional Service Area as defined therein and all applicable Rules and Regulations promulgated by the District thereunder. The District is or will be ready, willing and able to provide water and sewer service when needed to the Bair Chase Property, on the terms set forth in this Agreement, and pursuant to its authority, its Service Plan, and its regulations and policies. AGREEMENT Article I Inclusion of Bair Chase Property 1.1 lnclusion of Bair Chase Propertywithin the District. Before the date of the recording of the first final plat for a subdivision or phase thereof within the Bair Chase Property, Bair Chase shall file with the District pursuant to C.R.S. $ 32-1-401 a petition to include the Bair Chase Property within the boundaries of the District. The petition for inclusion shall encompass the entire Bair Chase Property. Upon the District's receipt of the petition for inclusion, the District shall perform all necessary steps required by law to include the Bair Chase Property within the boundaries of the District including, but not limited to, the holding of public meetings, and, if the petition is granted, obtaining an order of inclusion from the Garfield County District Court and f,rling and recording said order with the Garfield County Clerk and Recorder, the Garfield County Assessor and the state of Colorado Division of Local Government. Said filings shall be complete before the date of the recording of the first final plat for a subdivision or phase thereof within the Bair Chase Property. If for any reason the District fails or is unable to obtain the order or orders of inclusion above described of if said order or orders fail in any material respect to comply with the terms, provisions and conditions set forth in this Agreement, then this Agreement shall terminate. 1.2 Reimbursement of District Costs. Bair Chase shall reimburse the District for ail actual costs incurred by the District relating to the inclusion of the Bair Chase Property within the boundaries of the Distnct, including all engineering. iegal, inspection, filing or recording fees and related expenses. on receipt of itemized billings for those services from the District. All such amounts shall be due rvithin sixty (60) days of the date of the bill, rvith interest on any overdue amounts to be assessed at one percent (1%) per month. In the event the District is forced to pursue collection of any amounts due and unpaid under this provision, it shall be entitled to collect attorney fees. filing and lien recording fees incurred in such collection effort in addition to the unpaid amounts due, plus interest. 1.3 Distnct Charees. Upon the effective date of inclusion of the Bair Chase Property within the boundaries of the District, the Bair Chase Property shall be subject to the provisions of C.R.S. Q 32-l-402, including without limitation all of the taxes and charges imposed by the District, and parties receiving water and sewer service shall be liable for their proportionate share of the annual operation and maintenance changes and the cost of the facilities of the District. The District shall charge any and all service billings or charges, as the same are defined under the District's Service Plan and Rules and Regulations, against the Bair Chase Property on a lot- by-lot basis solely, upon the delivery thereto of domestic water and sewer service by the District. I.4 District Service. Upon the effective date of inclusion of the Bair Chase Property within the boundaries of the District, the District shall make available and shall be obligated to extend to the Bair Chase Property as requested domestic water and sewer service, subject to the terms, provisions and conditions set forth in this Agreement, the District's Service Plan, and Rules and Regulations. Article II Water and Sewer Tap Fee Payments 2.1 Tap Fee Guarantee Payments. As a guarantee of tap fee payments to the District, on or before December 31 of the year after the year in which Bair Chase records the first final plat for the development of all or any phase of the Bair Chase Property, Bair Chase shall pay to the District an amount equal to the District's then-current domestic water and sewer tap fees, for ten percent (10%) of the total EQR then approved for the entire PUD. Bair Chase shall pay to the District an amount equal to the District's then-current domestic water and sewer tap fees on or before December 3l of each year thereafter, for ten percent (10%) of the total EQR then approved for the entire PUD. On or before December 31 of the tenth year after the year in which Bair Chase makes the first tap fee payment, Bair Chase shall pay to the District an amount equal to the District's then-current domestic water and sewer tap fees, for any remaining EQR then approved for the PUD for which water and sewer tap fees have not been paid. Upon payment of any tap fee or tap fee guarantee payment hereunder, said fees shall be considered fully paid, and no further tap fees or charges shall be due for the number of EQR for which such payment has been made, except normal connection charges of the District for the physical connection of the tap. 2.2 tndividual Tap Fee Payments. The District shall accept and collect from the owners of properties located within the Bair Chase Property water and sewer tap fee payments at the then-current rate established bv the Distnct trom time to time. and shall extend water and sewer service to individual rvater and sewer connections within the Bair Chase Property in accordance with the Ruies and Regulations of the District. Bair Chase shall receive a credit against any tap fee guarantee pa\ment due under Paragraph 2.1, in an amount equal to the sum of the individual r,vater and sew,er tap fees paid to the District in that year. If the sum of the individual water and server tap ltes paid to the Distnct in any one year exceeds the tap fee guarantee payment due under Paragraph 2.1 for that year, such excess shall be carried over as a credit against the tap fee guarantee payment due the following year. 2.3 Securitlr. As secunty for the tap fee guarantee payments provided in Paragraph 2.1, within thirty (30) days after the date of the entry of the order on inclusion including the Bair Chase Property within the District as provided in Paragraph 1.1, Bair Chase shall post in favor of the District a letter of credit issued by a financial institution mutually acceptable to Bair Chase and the District, in an amount equai to the then-current water and sewer tap fees for the total EQR then approved for the entire PUD. The letter of credit shall allow the District to draw on the letter of credit on or after January 31 of each year in an amount equal to the tap fee guarantee payment due for the previous year in the event that Bair Chase has not made the tap fee guarantee payment due for the previous year. Upon payment by Bair Chase of the tap fee guarantee payment due each year, the amount available to be drawn under the letter of credit shall reduce by its terms in an amount equal to the tap fee guarantee payment made by Bair Chase, plus any credit associated with individual water and sewer tap fees paid in that year. The parties may agree on substitute security in any form that may be appropriate to the circumstances. Article III Water Rights 3.1 Water fuehts Application. Bair Chase shall prosecute to conclusion the application in Case No. 01CW187, Water Division No. 5, and obtain a decree in substantial conformance with the application as filed. The District has reviewed the Application in Case No. 01CW187 and the engineering analysis entitled "LinksVesVBair Chase, LLC (Sanders Ranch P.U.D.) Water Rights Investigation and Plan for Augmentation. February ll,20o2,by Resource Engineering, and the District hereby agrees that said water nghts and plan for augmentation are in all respects sufficient to provide domestic water service for up to 349.55 EQR and up to 3 acres of outside landscape irrigation. As co-applicant. the District shall approve any consent decrees and stipulations, which approval shall not be unreasonably withheld. 3.2 Water Riehts Dedication. Within thirty (30) days after the date of the entry of the order on inclusion including the Bair Chase Property within the District as provided in Paragraph 1.1, Bair Chase shall convey to the District by quitclaim deed and appropriate assignment, the water rights and plan for augmentation decreed in Case No. 01CW187, and Bair Chase's interest in the Basalt Water Conservancy District Water Allotment Contract No. 381. Upon such conveyance and assignment, the Bair Chase Property shall have credit for up to 349.55 EQR of water service from the District without the need for any further water rights dedication. From and after the date of such conveyance and assignment, the District shall be solely responsible for 5 all actions necessary to maintain such r,vater nghts and Basalt Water Conservancy Distnct Contract. including without limitation filing applications for tindings of reasonable diligence and maintaining the Basait Water Conservancy District Contract in full force and effect. 3.3 District Well Permits. Upon the execution of this Agteement, the District shall immediately commence and in good faith timely prosecute efforts to assure that the well permits for the Coryell and Aspen Glen Wells, owned and operated by the District, are adequate to allow for water service to be provided from such wells to and within the Bair Chase Property. Article IV Connection to District Facilities 1.1 Procedure for Connection to District Facilities. At any time subsequent to the date of inclusion of the Bair Chase Property within the District and upon notice to the District, Bair Chase may, subject to the following terms and conditions, connect to the District's water lines in order to receive domestic rvater service from the District for the Bair Chase Property, and connect to the District's Treatment Plant and receive wastewater treatment service from the District for the Bair Chase Property. 4.2 Costs. Bair Chase shall pay all infrastructure costs for connecting to the District's water and sewer systems, including, but not limited to, all costs of internal collection lines, necessary external joint trunk or interceptor lines, outfall lines, lift stations, other appurtenant collection facilities, water storage tank, water trunk lines, water service lines and all extension lines to the District's facilities, together with the cost of any oversizing specified pursuant to Article VI, subject to reimbursement for the cost of such oversized facilities (collectively, "Bair Chase Facilities"). 4.3 Plans and Specifications. The Bair Chase Facilities shall be located, constructed and installed in accordance rvith the District's rules and regulations in effect at the time of said location, construction and installation and all applicable terms, conditions, restrictions and schedules set forth in the applicable zoning and subdivision approvals of Garfield County. Upon completion of the final engineering and design plans for each respective subdivision phase of the Bair Chase Property, Bair Chase shall forward the plans applicable to the portion of the Bair Chase Facilities to be contained therein to the District's engineer, who shall approve or disapprove the plans within thirty (30) days of receipt, and whose approval shall not be unreasonably withheld. In the event the District's engineer disapproves of such plans, he shall by written notice to Bair Chase specifically describe the reasons for his disapproval and the changes necessary to make the plans and specifications acceptable to the District. ln the event the District's engineer and Bair Chase are unable to reach agreement on the required plans and specifications, the parties hereby agree to approach the District Board of Directors for resolution. ln the event that Bair Chase and the Board of Directors are unable to reach agreement, then the District and Bair Chase shall utilize the dispute resolution procedure set forth in Article VIII. Upon approval or resolution of the final engineering and design plans, the District and Bair Chase shall execute in duplicate a document clearly specifying the approved plans and specifications to provide both parties certainty as to the agreed-upon plans and specifications (the "Agreed-Upon Plans and Specifications"). 4.-t Chanee Orders. To i-acilitate compietion of the Bair Chase Facilities in accordance',r'ith the Agreed-Upon Plans and Specifications, the rules and regulations of the District. anci eood engineering practice. Bair Chase. its contractors and agents. may propose reasonable change orders to the District for revierv and approval. Within three (3) days, or such lesser penod as may be required under the circumstances. of receiving notice and a copy of the proposed change order(s), the District shall either approve the same or propose an alternative(s) which wiii not result in unreasonable delay. If the District fails to approve the change order or suggest and altemative within three (3) days, Bair Chase may proceed with the change. All approved change orders, including any change order deeded approved, shall be incorporated into and become part of the Agreed-Upon Plans and Specifications. 4.5 lnspections and Certification of Completion. The District shall have the right to inspect all Bair Chase Facilities prior to the dedication of such facilities to ensure compliance with the Agreed-Upon Plans and Specifications. Bair Chase shall reimburse the District for the reasonable actual costs of such inspections. Upon the completion of any appropriate phase of construction. Bair Chase may request, and the District's engineer shall provide, written certification from the District's engineer that Bair Chase has completed construction of that phase of the Bair Chase Facilities in accordance with the Agreed-Upon Plans and Specifications ("Certification of Completion"). 4.6 Calculation of Oversizine Costs. Bair Chase shall account for its costs incurred in oversizing any Bair Chase Facility in order to allow the District to provide water or sewer service to any Benefited Property, as defined in Paragraph 5.1 below. Such costs shall include the proportionate costs, including engineering, labor and materials, incurred by Bair Chase in oversizing any Bair Chase Facility for Benefited Properties. The engineers for the District and Bair Chase shall agree on such oversizing costs. Such oversizing costs shall be specified in the Certification of Completion, and shall be used as the basis for calculating the Oversizing Fee pursuant to Paragraph 5.2 below. 4.7 Dedication of Facilities: Lien Waivers. Following inclusion of the Bair Chase Property and as soon as practicable after the Certification of Completion, Bair Chase shall dedicate and convey to the District all or an appropriate portion of the Bair Chase Facilities necessary to serve any particular phase of development of the Bair Chase Property. Bair Chase shall include rvith such dedication, reproducible as-built drawings prepared in accordance with the following general requirements: 4.7.1 A certified survey shall be provided to the District that shall show the location of the Bair Chase Facilities to permanent physical objects located in the field. All valves, tees, curb boxes, hydrants, storage tanks, lift stations and other major appurtenances shall be given two swing ties to a physical permanent object in the field. ln all cases, the distance from water lines, sewer lines and appurtenance items shall be dimensioned to rights-of-way, easements and property lines. 4.7.2 All benchnrarks used within the Bair Chase Property to determine depth of lines or other facilities shall be shown on the drawings and shall be based upon U.S.G.S. datum. o 4.7.3 llanut-acturer's literature and product data. inciuding catalog sheets and descnptive literature for all materiais and equipment used. shall be provided rvith as-built drawings. The District shall accept such dedication within thirty (30) davs thereof, and title to the dedicated faciiities shall be vested in the District. Bair Chase shall also execute a quitclaim deed and bill of sale to the District conveying any interests it has in such facilities, and shali provide to the District lien waivers from all contractors. subcontractors, and material suppliers for work and materials furnished in connection with the facilities conveyed. 4.8 Warranty. Bair Chase shall warrant all facilities conveyed to the District for a period of trwo (2) years from the date such facilities are conveyed to the District. Specifically, Bair Chase shall warrant that any and all facilities conveyed to the District shall be free of any defects in materials or workmanship for said two-year period. 4.9 Conveyance of Easements/Plat Dedications. Bair Chase shall, by assignment, special warranty deed, or plat dedication in a form and substance acceptable to the District, convey to the District the following described perpetual, nonexclusive easements to allow the District to construct, operate, repair and replace the Bair Chase Facilities, free and clear of all liens, encumbrances and title defects which could defeat the District's title, and any title defects which would affect the District's ability to use each easement for its intended purpose. 4.9.1 Bair Chase shall show by plat dedication perpetual non-exclusive easements extending over and across all whose portions of the Bair Chase Property containing the Bair Chase Facilities. 4.9.2 Bair Chase shall assign to the District all of its right, title and interest in and to the Rudd Agreements concurrently with the recording of the first final plat for the Bair Chase Property. 4.9.3 Bair Chase shall show by plat dedication a perpetual non-exclusive easement for water and sewer utility purposes extending from Bair Chase Facilities at or reasonably near the location shown as "Future Sewer Connection to Rudd Property" on Exhibit A of the Rudd Sewer Agreement, for future water and sewer service by the District to properties located across State Highway 82 to the east of the Bair Chase Property. Bair Chase shall show by plat dedication a perpetual non-exclusive easement for water and sewer utility purposes extending from Bair Chase Facilities to a point near the northeast corner of the Bair Chase Property at State Highway 82, at a location mutually agreeable to the District and to Bair Chase, for future water and sewer service by the District to properties located across State Highway 82 to the north and east of the Bair Chase Property. Bair Chase shall and hereby does reserve the right to use in common with the District any easements it conveys to the District for ingress and egress and for all utility purposes not inconsistent with the District's use. The District shall notify Bair Chase of its plans to excavate within any easement located on the Bair Chase Property, and shall make all reasonable efforts to 8 o minimize disturbance to the orvnerls) and user(s) thereof. In particular. any excavation or construction by the District within easements located on the golf course on the Bair Chase Property shall not disrupt the operation and maintenance of the golf course or unreasonably disrupt golf play, except in the event of an emergency. To the extent possible, all excavation and construction by the District of any facility on the golf course shall be outside of the normal golf season. All easements conveyed or established pursuant to this paragraph shall be and hereby are subject to the obligation of the District to repair and revegetate disturbed areas to a condition and grade substantially similar to that which existed before the disturbance. The conveyance of the easements hereinabove descnbed by Bair Chase shall fully satisfy and discharge Bair Chase from any and all future obligation(s) to extend its facilities for the purpose of facilitating or allowing the extension of District water or sewer service to properties situate adjacent to or outside the boundaries of the Bair Chase Property. 4.10 Control of Facilities. Once conveyed to the District, and subject to the warranty provisions contained within Paragraph 4.7 hereinabove, the District shall be solely responsible for the operation, maintenance, repair, and replacement of all facilities and easements on the Bair Chase Property that are dedicated to the District. The District shall at all times operate the District facilities in an economical manner, and shall make all repairs and replacements necessary to assure continuous operation ofsuch facilities so as to provide a reliable and continuous level of service. 4.1 I Release of Securiw. Completion of construction of all facilities by Bair Chase under this Article shall be secured under subdivision improvements agreements to be executed between Bair Chase and Garfield County in relation to the filing of final plats within the Bair Chase Property. Prior to seeking from the County any release or reduction of such security under such subdivision improvements agreements, Bair Chase will first obtain written consent for the same from the District, which consent shall not be unreasonably withheld by the District. Article V Oversizing of Bair Chase Facilities 5.1 Oversizine of Bair Chase Facilities. Bair Chase shall at the request of the District oversize the Bair Chase Facilities. including but not limited to water tanks, lines and lift stations, to a size necessary to accommodate existing or reasonably anticipated water and sewer service through the Bair Chase Facilities to properties located outside the Bair Chase Property ("Benefited Property"). Bair Chase shall be under no obligation to construct any facility solely to serve outside properties. The District shall work with Bair Chase as necessary to include such oversizing within the Agreed-Upon Plans and Specifications as described in Paragraph 4.3. Once the Agreed-Upon Plans and Specifications are complete, Bair Chase shall be under no obligation to oversize such facilities beyond the level shown on the Agreed-Upon Plans and Specifications. 5.2 Reimbursement for Oversizins Costs. Bair Chase shall be entitled to recoup its costs associated with the oversizing of any Bair Chase Facility necessary to allow the District to provide water and sewer service to a Benefited Property. As a condition precedent to the inclusion of any Benefited Property within the District's service area and./or the provision thereto 9 of Distnct water or sewer service pursuant to an out-of-district service contract or otherwise, the District shall collect from the owners or customers of the Benefited Property and shall immediately pay to Bair Chase a pro rata surcharge for such oversizing ("Oversizing Fee"). The Oversizing Fee shall be calculated as follows: A: the totar amou,, "rr,,L,.tl;:::::., service requested by the Benefitted Properties, expressed as a percentage ofthe total excess capacity provided by Bair Chase in the Bair Chase Facilities; B : the total cost incurred by Bair Chase in providing excess system capacity, as specified in a Certificate of Completion pursuant to Paragraph 4.6 above, plus interest on said amount at a rate equal to the monthly average Prime Rate as established by Chase Manhattan Bank, New York, New York calculated from the date of the Certificate of Completion; provided, however, that in no event shall interest paid hereunder exceed l2o/oper annum for any year; C = the Oversizing Fee. The District's collection and reimbursement obligations under this provision shall continue for a period of twenty (20) years following the date of inclusion of the Bair Chase Property within the District's boundaries, at which time such obligation shall terminate. Article VI District Service Conditions 6.1 District Service Conditions. The District=s obligations to provide domestic water service and sewer service to the Bair Chase Properry shall be expressly conditioned upon the satisfaction of the following conditions: 6.1.1 The Bair Chase Property shall be included within the District pursuant to the provisions of Article I hereinabove. 6.1.2 Bair Chase shall maintain in fuIl force and effect, the security required by Paragraph 2.3 hereinabove. 6.1.3 Bair Chase shall convey all required water rights to the District as provided under Article III hereinabove. 6.1.4 Bair Chase shall complete construction of all Bair Chase Facilities and shall make all conveyances and plat dedications necessary for any lot or other portion of the Bair Chase Property requesting District domestic water or sewer service to connect to the existing District facilities as provided under Article fV hereinabove. Article VII Irrigation Water 10 1.1 Irrieation Water. Bair Chase shall through restrictive covenants running with all residential and commercial areas on the Bair Chase Property, limit the use of the Distnct=s potable domestic water system within the Bair Chase Property for outside landscape irrigation to no more than five-hundred (500) square feet for each individual single family lot, and a total of not more than three (3) acres within the Bair Chase Property. Bair Chase shall provide the balance of any outside landscape irrigation. and all golf course irrigation, through a raw water delivery system to be constructed by Bair Chase and operated by an entity other than the District. 7.2 Irrieation Restriction Runs with the Land. The above-described water use limitations and restrictions shall constitute a burden running with the title to the above described portions of the Bair Chase Property and shall be deemed to benefit and run with the title to the properties held by the District, shall be binding upon the owners thereof, their successors and assigns and shall not be transferred separate or apart therefrom. Article YIII Dispute Resolution 8.1 Dispute Resolution. In the event the parties are unable to agree upon any matter addressed within this Agreement, each party shall select an engineer to represent its interests. The selected engineers shall then appoint a third engineer, who shall provide a determination upon the matter in dispute. In the event this process of dispute resolution fails, the parties agree to resolve such dispute by arbitration in accordance with the rules and regulations of the American Arbitration Association then in effect. The determination of the arbitrator shall be final and conclusive and judgment may be entered upon such determination in accordance with applicable law in any court having jurisdiction thereof. Article VIX Compliance with Rules and Regulations 9.1 Compliance with Rules and Reeulations. Upon inclusion of the Bair Chase Property within the District and subject only to the terms and provisions of this Agreement, Bair Chase and Lot owners or customers within the Bair Chase Property shall be bound by and comply with the District rules and regulations applicable to properties within the District as the same may be amended from time to time, except as the same may be expressly modified or superseded hereby. Article X Audits, Reports and Inspections 10.1 Audits. Reports and Inspections. The District shall maintain the records, accounts, and audits required by statute or which would be kept under normal business practice, and copies of such records shall be provided to Bair Chase upon request. The District shall have the right to inspect the facilities located upon the Bair Chase Property as provided in the District=s rules and regulations, and Bair Chase shall, upon notice to the District, have the right to inspect the District=s wells, water and wastewater treatment facilities and other appurtenant facilities. 11 Article XI General Provisions 1 1.1 Terminatron. This Agreement shall be in full force and effect until terminated by mutual agreement by the parties hereto, or as provided by law. ll.2 Termination of the Out-of-District Sewer Service Aereement. The Out-of-District Sewer Service Agreement, having been superceded by this Agreement, is hereby terminated and is no longer of any further force or effect. Bair Chase and the District are hereby released from any liability thereunder. 11.3 Good Faith. Because of the need for a regional domestic water and sewer service in this area, the parties agree to proceed in good faith with the implementation of this Agreement. 11.4 Service Plan Intesation. This Agreement and its Exhibits shall be incorporated in the District=s Service Plan, as though set forth there verbatim. 11.5 Compliance with State and Federal Law. This Agreement shall not be construed to be in violation with the laws of the United States or the state of Colorado, nor in any manner that adversely affects or diminishes the financing capabilities of the District. I 1.6 Enforcement: Specific Performance. tn the event of any material failure by either party hereto to comply with the terms of this Agreement, the other party shall have standing to bring suit to enforce compliance herewith. Furthermore, in the event of a breach of this Agreement, the non-breaching party may seek all remedies available at law or equity, including specific performance. Il.7 Non-Merser. Each party=s obligations under this Agreement shall be assignable to any grantee, purchaser, transferee, or assignee of the party=s interest, and shall survive any such conveyance, purchase, transfer, or assignment. 1 1.8 Covenants. Recordins. The provisions of this Agreement shall constitute covenants running with the lands affected thereby, and upon execution this Agreement shall be recorded in the records of the Garfield County Clerk and Recorder. 11.9 Attornev's Fees. Each party shall bear its own attomeys= fees incurred in the negotiation, execution, and implementation of this Agreement. However, in the event litigation is necessary to enforce the rights of the parties to this Agreement, as between themselves, the prevailing party in such litigation shall be entitled to reasonable attorneys= fees and costs of suit actually incurred. 11.10 Complete Apreement. Amendment. This Agreement constitutes the entire and complete agreement between the parties, and any modification or amendment hereto shall be evidenced by a writing signed by the parties. 11.11 Bindine Effect. This Agreement shall be binding upon and inure to the benefit of the parties, their successors, grantees, and assigns. Nothing herein shall prevent Bair Chase from t2 selling, transferring or encumbenng the Bair Chase Property and the benefits of this Agreement shall be appurtenant to the propertv conveyed. ll.l2 Authority. Each person executing this Agreement represents and warrants that he has been duly authoizedby the party which he purports to represent to execute this Agreement, and has authority to bind said party to the terms and conditions of this Agreement. 11.13 Governine Law. This Agreement shall be construed under the laws of the State of Colorado. 11.14 No Waiver. No provision of this Agreement may be waived except by an agreement in writing signed by the waiving party. A waiver of any term or provision shall not be construed as a waiver of any other term or provision. 1 I .15 Headings. The paragraph headings in this Agreement shall not be used in the construction or interpretation hereoi as they have no substantive effect, and are for convenience only. 11.16 Severability. If any part or section of this Agreement shall be found void or invalid by a court of competent jurisdiction, such finding shall not affect any remaining part or section, and said remaining parts or sections shall continue in full force and effect. The parties shall renegotiate in good faith any matter addressed by a part or section that is found void or invalid. ll.l7 Notices. All notices required under this Agreement shall be in writing and shall be hand delivered or sent by registered or certified mail, retum receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices so given shall be considered effective seventy-two (72) hours after deposit postage paid in the United States Mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. Notice to: With copy to: Notice to: Roaring Fork Water & Sanitation District 9929 Highway 82 Carbondale, Colorado 8 1 623 Lawrence R. Green Balcomb & Green P.C. P.O. Drawer 790 Glenwood Springs, CO 81602-0790 LinksVest/BairChase, LLC c/o Jim Wells P.O. Box 1825 Carbondale, CO 81623 James S. Lochhead t3 With copy to: Brownstein Hyatt & Farber, P.C. P.O. Box 357 Glenwood Springs, CO 81602-0357 t4 DRAFT 4I15IO3 IN WITNESS WHEREOF, the parties have executed this Agreement in multiple originals on the dates herein below set forth. LINKSVEST/BAIRCHASE, LLC By: LinksVest, LLC, Manager By: WestVest Properties, Ltd., Manager By: WestVest Companies, LLC, its General Partner By: Todd B. Wehner, Manager ROARING FORK WATER & SAI\ITATION DISTRICT President ATTEST: By Secretary By: STATE OF COLORADO COLINTY OF GARFIELD The foregoing RoARING FORK WATER AND SANITATION DISTzuCT BAIR CHASE PROPERTY COMPANY ,LLC PRE-INCLUSION AGREEMENT WAS acknowledged before me this - day of 2003, by Todd B. Wehner as authorized signatory for B+r+€hase LLC, a#olorado limited liability Company. Witness my hand and official seal. Notary Public My commission expires: srATE OF COLORADO ) ) cotrNTY oF GARFIELD ) The foregoing ROARING FORK WATER AND SANIATION DISTzuCT BAIR CHASE PROPERTY COMPANY, LLC PRE-INCLUSION AGREEMENT WAS acknowledged before me this - day of , 2003, by as President and as Secretary for the Roaring Fork Water and Sanitation District, a Colorado Special District. Witness my hand and official seal. Notary Public My commission expires: ) ) ) 16 sser EFq: llcq qiii E *='s E =-oI E ==-s B *t-F EE gE E, 3. 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"8" "no'r'I;'ffi' *a i*otpototua ntt"it' by rcfearnce for ell FIIPoEETS, crrrErt ad vrlorenr lrxcs oa rhc rrqq h""Pq-iT.proratc4 tbe paqrment thcreof for 2004 and subs,qucot yta,, ia .r"t tt"a tV 6*tiot' Crsrtee frtftt* asaumpe aDd shdl poy 6rly 'nd dt ..roll-brck,, rs:.gr or *rorr*r*'i.;#;;dr5j-il{n't til PloPofly rs tho rcsult of aoy ctrangc io tUe nsc oitbc Property o**iog rfter tlro dete hffcof' $ $ $ Kr{OW ALL PERSOI'IS BY TIiIESE PRESENTS t 'r, 'lDr\ v\ Rfnst-# rml,@xs,.{} t'd 6000'0N t999 t96 010 fid9l:0 ?002 ' t t'^eL'{ 05/LL/ZUtJl lO: d I TArr ?l uorut I uz tr,tllulJHlHllll!!I!l!],tru![lll1[r,r+rr-fii-ir n'ii'oo-o iizr,to GHRFTELD cot'NrY c0 .tTC $hane J. HarvcY' Esq. Hollurd &HsrtLLF 600 E. MEin SEEet' Suito 104 Agpcn, Colorado 8l6t I (mofi5.t,41 6006'0N t999 096 016 llldgl:0 i00e'tt'^eil 06/l-l/zuus loio' Frl^ o've-ua's' E)(HIBIT I'Al'. 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OF 7}.94 FEBTT Iarn LIfSL'lllllllI 00/02 Onr Ordcr No' GTF2/!131'3 r'd 6000'0N rggg 096 010 [,ld9t:0 t00z'tt'^eil 06/Ll/2OO4 I5:d/ fAA o,vo'.va'va LtulltJLllllltuulllrulll"J.tltr!!!-$ullli-ii-ir-i' -16,04-6 ioei. to GnRFTELD oour{rY c0 Our Order No' GTF243753-3 D(CEPTING FRoM THE ABOVB PARce!.- - THE PROPERTY DE$CR:il;;iN-;dUMBNT RECORDED AUGUST2' 1999IN BOOK'1I42 AT PAOE e6r AND tN DocuMErt'i:ii'c6n"iolanuriiii.'io6r ri'iiooK r2?B Ar PAGE 600' COUMY OF GARFIBI.D STATEOF COI'RADO PARCELD; rihTiq{i+ii+"i-r?mHi,:tr#}Feffi ffi r}?rrik?rift nic',AL ffiL* ffiriiilil,ciiElt BRAN.H AND LY'ING-I #ffi ii$tntittf*irflf#i'#1i$i:;iiffiffi'rf+ff "" Tffi,'i]N; irIS :,B,'#X,,H;ili.,i H$:f,fii;ffiPJ::,. SFffION ? A DISTANCBEEARINOS CONTAII {eprus oF 1482'50 oF 621,41 FBEI; ^ r. c .tr llf,ftl"ut'gtt*gi,a*i A;"d;ie iEer ro i Ponr oN tHE cE! RANGE 88 WBSTI TIIENCBNE,DEoBEESS3.16"wADISTANCEoF40?.s3FEETToTHECBNTERLINEoFTHE ROARINGFORK RTVERI Tr{Er{cB AL'NG iHr cgNrenHNB oF sA,, R'ARING FoR( RIVER T}tE FoLLowNo 15 couRsE'': 1) N 4? DEGREES t5'14'w ADISTANCE OF lx?'26 FEET: z) N j? DEoREES ;;'il' ii e oisiexce oF 44e' 02 FEBT; ;i ;i ;; ;Eql:Ir i?:li: w I glsiNg sx iltil'$fr;4) N 55 DE0BEES 41.11: y. ? I:.TllH Xi iii.is nesri r) N 3i DEGEBES ;i;i" 'ii 'r ;lqIiIgE ot '25'15 FEEr; o N 34 DEoREE' 6i'i;' i' n prsreuce oF lto'Is FEEr; 7) N lt DEoBEES ;;'il' ii r' ulstir'Icr oF 2J5'65 FEEr; q'd 6000'0N 1999 090 016 ['{d9l:0 ?002'It'Ief,] 05/ LL/ ZUU4 rO; oo rrda LLUUT'll,lIlI|,'Jlll!lHlttl[l"l,u!'!I![.l[L!lrIii-ir-i';6,00-D iizr.rc onirrEl.o colJNrY c0 Our Ordm 11o' 6ffi{!?33'3 E) N 44 DEGREES 39'33,' W A DISTANCE O8 I7J'65 FEET; ;ilJlifuilliii;v^'li$lu*"lf IiriiiEEr r ti x tz DBGREEs ou'ii' * a iisinrlce oF 173'22 PEsri i;;',i ii iEoiiEss r::fi . W I iltltl[l 3l l;ltll !lE: r?rNl;3E:rssirtill,J$ll}itr#iffi,E$ryfl ::i,"1,#::,il;'N ;; i no-iies- r u r s ; I iJ,,l'r[ilf f S'or rcr lB oF SECTIo H:tx,ml'*im*o";?iiXc; iri s!r.1a..,5 ?ili. HI'I1H#THENCE N 03 DBORE ffiIHffifrllf{fi*#"itr li$;ld{m*+*r#*'**"*'*mur-n+:ffiH**lNcToWNSHIP ? Sourri H'#r.t*otTs,ffi,x.1T-",ff #lJlF35i*'x-ffi l,'|IHHs'Jl""1Ti'"T# DEGREES OO'23. E ' iffi ##srei-'ii'tifiL"^*-*iiilit'fdmi6ffi "' ,],i*T1ffii# iIffiiIiHtfiRADIUsoF FEBTI 3) s 0e DEORBES 35'10' E A DISIANCE o? 5t2',47 FEEr TO THB PoINT OF BEOINNING. TOOBTIIER Wrtlt tffi iH#iEffi r[T#,i*]!#+]itrrfr ilift"ffitHil#ffi iI'] iiii dil\iit[l,1Ng oF rHE oLEI'IwooD PARCELC; A rRAcr oF LAND sIruArE !N LI4 oF sEcTIox " to'"$'T'*133tri'tril'E:'itHffi oF rItE e"*r tntx"c'iiii'rifriil'IlN' GARFTELD cotNTY' cot I'd 6006'0N tg9g 096 0/6 [']dlt:0 t00z'tt'^eil o OB/Ll/2OO4 16;JE r'A.r' urveastrs- Illllil llllllll!!.1_lllill r rr ilLl_llllulll! I lLl[LLl hf,rtif itETgrtzu*i-of 11 R E€.0o D l3ill*ti#',is'.l.mw Our Ordcr No. 6TF243753-3 ffiiiFlnlHff*3jfi-,"i}li##HisJ#di'#Hiffi ffi Htrn#'tr'*****ffiffi ilf$,#j6,*l::,''ffi -' ffi ffi l;ru*r*,+f^,}'";f Bft .,fi [{A}Hff"\fl HXH#'^TS;J$* DlsrAl'lcB OF 49'74 l Iiiuorn"tio-rif-ggtyfi1il?#*. sArD wBsrERLy Rrc,r oF wAY trNB A DISTAN.E oP ' i[sNcr s 06 DEGBEES ol'm' E A*NL' rnrP " --- -- t'54, E A iHffi 29I5.OO FEET; iix'iiicie,.cixe.:{E,ftil[t1T,TB1IfJrYl,1,"\'ty,-s,i3J3$r":yJ-J5#io o' THECAORD OF \\'T i6fu oF BBcINNING' COUNTY OF GARFIELD yrrrs oF CoI"oRADO ffi;HIp-irHifr :i^',x'*T"s#',f.r[Tfi 1[J,r"YExH&"Jl.YJI'"'11ff"^' 6TTI PRINCIPAL MERIUI^NI TNTY ITT'TY- -- FOLLOWST , 'FTHB 6TlI p.M. (WITH ALL : TO A POINT ON SAID N{JIITN+SE I'd 0006'0N t999 096 0t6 [idll:0 ?002'lt'^e[l 0t/fi/2004 16: lg h'Ar uruu4lull'/6{,L I lt-irlEi{t tl vvv 9l l\ a rr uv tLl1u,,,,,,1,,,#|[!tl|ll[l:l:LtJlltJ#Lllll!..ull!!l ourorderN. G7r2{3?533 . N 90 DEGREESm, 00" w ^I,NG gAlD NoRTHERLY BoUNDARY 44!.63 FBET To THE PoINT OF BEGINNING. COUNil OF OARFIELD TIATEOF COI.oRADO B'd 6000'0N t999 090 0/6 |\d/ l:0 t00z ' l l'^El''l 05/lL/2004 15:38 FAX 970s454784 LTG-GLENI{OOD SPRINCS t[tulrJ!,'JltH]trullllt'HlJlrlL[LqrllJ,ltLl$li-Ii-ir-i-9i.00 o 112.,10 oilFIELD cout{TY c0 HtHts$ B fcrmittcd Exceptionr pRovlsloNs oF BANKRLJPTCY CODE AI.ID OF TI-[E TERMS, CONDITIONS AND PROVISTONS oF ANY ORDER WHICH tyIAY BE EI'IIERED IN BANKRTJPTCY CASE NO. 03.1 4 I 34+{L. RIGHT OF PR.OPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORB fiIBREFR.OM SHOULD THE S/'ME BE FOI'I{D TO PENETRATE OR INTERSECT THB PREMISES AS RESERVED IN UNITED STATES PATEI{T RECORDED NOVBN,IBER 17, II93,IN BOOK 12 AT PAGE 255, RBCORDED JI,JNE 24,IT93IN BOOK T2 AT PAGE 235, RECORDED DECEMBER 4, It94 IN BOOK 12 AT PAGB 339, RBCORDBD TA}.IUARY 15 1896IN BOOK 12 AT PAGB 394 AI.ID REOORDED JAI.{UARY 24,I9O6IN BOOK 56 AT PAGE 534. RIGI{T OF WAY FOR DTTCHES OR CANALSI CONSTRUCTED BY TITE AI,IIX{ORITY OF THE TJMTED STATES AS RESER\/ED IN I'NITED STATES PATENT RECORDED NO\IEMBER 17, 1893, IN BOOK t2 AT PAGE 25r, RBCORDED ITJNB 24,IT93IN BOOK 12 AT PAGE 235, RECORDED DECEMBER 4, 1894 IN BOOK 12 A T PAGE 339, RECORDED JANUARY 15, 1t96 IN BOOK 12 AT PAGE 394 A}.ID RECORDED JA}.IUARY 24,I9O6IN BOOK 56 AT PAGE 534. RIOTIT OF WAY GRA}'TTED EROM C.C. CHASE TO THE MOI.'NTAIN STATES TELEFHONE AND TEI.EORAPH COMPANY OVER AITD ACROSS I,oTS 6 A}.ID 9, sEcrIoN 7, TOWNSHTP 7 SOUTH, RAIIGE 88 WEST OF THB STXTTI PRINCIPAL MERIDIAI.I RBCORDBD JULY 31, l93l IN BOOK 164 AT PAGE 153 AS RECEPTION NO. 1IO55I A}ID IN BOOK 164 AT PAGE 15{ AS RECEPTION NO, I 10553. RIGIIT OF WAY EASEMENT GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. RECERDBD NOVEMBBR 22, 1966 IN BOOK 3EO AT PAGE 234 AS RECEPIION NO.236424 zuGHT OF WAY FOR AN IRRIGATION DITCI{ GRANTED BY CHAS. TR,AUTMAN ET AL TO TIIE GLEN WOOD IRRIGATION COMPAT.IY RECORDED JUhIB 17, t90l IN BOOK 44 AT PACB 457 AS RECBPTIOT{ NO. 23961) AI.ID INSTRI.'MENT RECORDED .A,UGUST 27 , 1945 IN BOOK 2I7 AT PAGE 150. TERI4S, CONDTIONS, PROTfiSIONS Ar.lD OBUGATIONS OF PRMTE, WAY LICENSE GRANTED BY DENVER & RIO GRA}.IDE WESTERN RAILROAD I IO T.JNION OIL. COMPANY OF CALTFORNIA RECORDED 'AI{UARY 7, IgEO IN BOOKS4I ATPAGE996. {o0z.qmluar{Jl @ 00s/011 l. 2, 3. 4. 6, ?, 00 0006'0N t99g 090 016 [\dBl:0 ?002 'tt'^Pl^l 0t/f1l2004 lci{u rA^ erve-qare' (o02"flBovr8a'a! t#lll++lt',ll[lll}1l[ll1$lHJlulfrrrrrrr'!!!t r. RESERVATION oF A sE lP oNEFOLJRTH-PBRCENT RoYALTY', IN, il+[m; nrreRESts THEREIN' g.IERMS,coNDITIoNqsP^PRovIsIoNsoFAGREE}VIENTRECoRDED AucusT rs-ifr IN soor el2 Ar PAGE 970' 10. rERI{s, coNDIrIoNs 4ry^JRovlsloryl--of^ oUT oF DISTRIeT sE\vER sERvrcB eanrrrrrexr nsco#I; ^nil-oiisr ig, iisa nl soor el2 Ar PAGE 971. ll'mHs%l'Hftrs,fl[,i}1ffiffii]y$B'',H'T.H,3i,,H ,crn nstiii ddno"':x-r'eveR As JoB No' 9704eJ' 12. N{Y QUESTION' DISPUTBoR ADVERSE gL-4lyt As TO AI{Y Lo-ss oR GAIN oFI.ANDrsn.nrsur,rglgT.]freNaen.IfiIB-iHERBEDIocATIoNBY NATuRAL iin ornrn F4I Nirih'ii ten.sgl -o:n iurrru'noN TI{RoUGH rulW:3lst *W#mt\tffiI suBJEcrLaND,-sP-1x"^vS?^;N' AilAIINiL As A tEoAL sucH crlrren TIIREAD- E#: 'tiq ^-oR .I{AI'INEL As t orsm,pnoN MoNIJTdENT-oi"n',ii*ftf,* eon puip6siS or DE'.RIBING oR f,OCnfNO SUBIEqI L/$IDS' 13. AI{ uNDryIDED oNE'FIFTIEJH (1/50) oL4LI',-oIL A]'lD GAs LYNC IN A]'lD uNDERriiETeNpsrrexeS"orlciuHeollt.#ln:frrf^W5ffiI nscoRDE':iD*rtiiiE"ii' r!1^9r BooK 2JB Ar Pr orsroxoffi#T limtUoi bR nqmnEsrs trIERBsr' t4.TBRMS,CoNDITIONS'-?ROVISIoNS'EASBMENTSAIIDRIOHTSoFwAYAS nesERvEd IN lNsrRunn*rr'iiiioriplii euausr'ii'-lset rN BooK l0t2 Ar PAGE94I1. 15 ffiffi*3i\?H"1i1-ffi#Iif tg"T#; i'&rHrHT, ffi; fr boSi I zii ,q,i PA.E s$. 16. TBRMS, Co'IDITION!'^-IIIoVBIONS' RESTRlcrIoNs' EASEMENTS Ar{D RroHr$ oi wev os goyxEBriiirinq-ss-dffitnecoRD- ED Aucusr 2, leeg ri-eooK 1142 AT fi68*9#'ri.ip-ar piffis,,-AlrD AlyrEhrDr\4ENTs 0t 'd 6006'0N t999 0gO 016 fldB t:0 i00Z ' tt'^Pl'{ 06/Ll/2004 r0:4u !A]\ u I uoiur r ur (o@.mox!{,al ti 'd 6006'0N I lilll llffi lllltl |tllt! llll]lll|"[tul-lJl.lllll llLulbiitiif -tii/-Ea7n6a-iEi11P-!rtt!!l02nnLEDoll ii'Ii'ri-h-ie;56'D im{,ro onrrret.D courw c0 RECORDED NOVEMBER 15, 2OOO IN BOOK 1217 AT PAGB 596 AND IN BOOK I2I7 AT PAGE 60I. r7. TBRMS, CONDITIONS, RESTRICTIONS, EAS-EMB-NIS AI'ID RIGHTS oF wAY As coNrArNED IN EASEMH.T REEoitDilD AUcusI- 2, tgee tr!-Bgo.f ll43 Ar pAcE r em-aililr.ri6 nas-eMEI.rr--RBCORDEO iltovsrvrBER 15, 2000 rN BOOK 121? ATPAGE 593. tS,TERMS'coNDITIoNsAI.IDPRovIsIoNsoFAGREEMENTRECoRDED DECEMBBR 15, 1999IN BOOK IT64 AT PAGE 8It' Ig. TERMS, CONDTNONS AND PROVTSIONS OF CONSERVATION EASEMENT nrconbso i;[inuaiv or]ooo n'l BooK I l7t Ar PAGE e2e' 20. rERMs, coI'lDmoNS 4llP PROvlsIoNs oF EASEMEM RECORDED xoneltiBsR it2o00IN BooK 121? ATPAGE 6t0' 21, TER.tv(s, coNDmoNs AI*ID- "ROVISIONS OF REsoLUno't No' zwlal RECoRDED r'iAi -0i: zoor n't BooK lzsl AT PAGE 64e' 2?, TERMS, COI{DITIONS A}ID PROVISIONS OF ACCESS AGREEMENT nEConbgD,qP'R.Iu 20,2001 IN BooK t247 AT PAGE 6l' 2,, TERMS, coNDITIoNs AI{D PRovIsIoNs oF sEwER SERVICE AoREEMENT REcoRDEu ia'i'v ii, zoor w BooK 1257 AT PAGE 336' TERtrdS, CONDffiONS Al'lD PRO-\4IIIONS OF DITCII RELOCATION AoREBMENT nrcdilieD ocronsn or, zoot IN BooK 1292 AT PAGE 6l' THE EFFECT OF TI{g I,I{ENFORCEABTUTY OF TTIE DEED OP TRUST DURING THE BA}.IKRUPTCY PROCSED-INCS- OT LII{KSVEST' LLC AI{D LTNKSVEST/BArR'criesri-lr,c rnui-sANdens RAI.IcH HoLDINgg, LLc' EANKRUPTCY ESTATE NO. O3-I 41 34'FM. 24. 25. 4 t999 090 016 ['{dBt:0 i00Z'tt'^et/! /ts< (\ AMIGOS F ,<' \ &"1 ul,rl I I .\_-................-.-VA -*--i-=-=r y/-- -\. -- a>/ VAN RAND PAFK ** )/\4=-\// 18 20 r,N G L E N. ING 1 % !3 I ___+r rH-or I G_DF ---14 O .l s STATION 102 t7 LEGEND; Z0NE DISIRICTS RGSD - Rasidentiol Generol Suburbon Donsity RLSD .. Residentiol Limited Suburbon Density RLUD - Residentiol Limited Urbon Density PD - Plsnnod Devolopmont PUD - Plonned Unit Development ARRD - Agriculturol Rcsidontiol Rurol Donsity 0S - 0pen Spoeo Al - Agriculturol lndustriol 00 - 0ommoreiol 0enorol CL - 0ommerciol nimted RL - Reeoureo Londs City of Glenrood Springs i iI I ll I 6 2393-191-00-365 7 t9\ 14 ASPE 2ta \: , 311