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HomeMy WebLinkAbout1.0 ApplicationCerise Ranch Comprehensive Plan Amendment Planned Unit Development Sketch Plan Cerise Ranch Comprehensive Plan. Amendment Planned Unit Development Sketch Plan Application July 20, 1998 Prepared by: The Lnrid Studio 100 Elk Run Drive Basalt, CO 81621 phone: 970-927-3680 Fax: 970-927-4261 Prepared for: Wintergreen Homes P.Q. Box 978 Avon, CO 81620 phone: 303-322-41 19 fax: 303-322-4320 c e 1" 1 S e comprehensive plan animation planned unit development R ANCH ctntd sketch! !turn • Owner/Consultant List Iler Wintergreen Humes Art Kleinstein P.O. Box 978 Avon, CO 81620 Civil Engineer Inter -Mountain Engineering Jeff Spanel P.O. Box 978 Avon. CO 81620 phone: 970-949-5072 phone: 303-322-4119 fax: 303-322-4320 Wetlands, Vegetations and Wildlife Consultant Land Planner The Land Studio. Inc. Doug Pratte 123 Emma Road, Suite Basalt, CO 81621 phone: 970-927-3690 fax: 970-927-4261 Ecological & Environmental Consulting, LLC Andrew Antipas P.O. Box 204a 2467 Basalt, CO 81621 phone: 970-963-8297 cell: 970-948-3446 A t t or ne y Traffic Engineering Consultant Senn, Lewis, Visciano, & Strahle. P.C. Steve Arent 1801 California Si., Suite 4300 Denver, CU 80202 phone: 303-298-1122 fax: 303-296-1901 to tee hni cal Engineer CTL/Thompson, Inc Liv Bowden 234 Center Drive Glenwood Springs. CO 81601 phone: 970-945-2809 fax: 970-945-7411 Leigh, Scott, and Cleary. Inc. Phil Scott 1889 York Street Denver, CO 80206 phone: 303-333-1105 lax: 303-333-1107 cerise comprehensive plan amendment planned unit development R ANCH and sketch plan Table of Contents Cerise Ranch Comprehensive Plan Antendtttent Planned Unit Development Sketch Plan Application 1. Statement of Ownership Introduction to the Cerise Ranch Comprehensive Plan Amendment, P.U.U., and Sketch Plan Application A. Document Introduction 13. Vicinity Map.. 3. Existing Site Conditions A. General,....,.._ 13. Zoning C. Existing Conditions/Topography Map 10 D. Existing Conditions Photos 11 E. Climate 12 F. Slope Analysis Map 14 G. Preliminary Geotechnical/Soils Investigation 15 H. Surl`icial Hydrology Map 16 1. Vegetation/Wildlife. 17 }, Plant Communities Map 7 7 7 8 9 9 9 4. Conformance to Garfield County Comprehensive A. General 13. Public Participation C. Housing 1]. 'Transportation E. Recreation and Open Space. F. Agriculture Plan 21 21 21 21 22 23 24 iellipmemirmwommiallikrammum=m-a•r•FimillliW cerise RANCH comprehensive plan amendment planned utast development awl sketch plan Water and Sewer Services. 24 1-1. Natural Environment 24 5. Amendment to Garfield County Comprehensive Plan 24 A. Proposed Amendment 24 13. Comprehensive Plan Land Use Districts Map 27 6, Planned Unit Development Proposal 28 A. Introduction to PA.) 28 13. P.U.D. Plan 29 C. Open Space Plan 10 D. Pedestrian Access/Transit 31 E. Cerise Ranch Street Cross -Section 32 F. Affordable, Entry Level and Rental Housing Plan 13 G. Drainage Plan 19 11. Utility Services 40 I. Water 40 2. Sewage Disposal 40 3. Public Utilities 40 1. Preliminary Traffic Study 41 J. RevegetationLandscape Plan 42 K. Community Facilities Plan 43 L. Geologic Hazard Mitigation . 43 M. Wildlife Impact Mitigation 44 N. School District Dedication 44 7. Proposed Zone Regulations 45 A. Purpose/General Provisions 45 13. Application of Regulations 45 C. Establishment of Land Use Designations 49 D. Land Use Designation/Development Standards 50 8. Sketch Plan 58 9. Development Phasing cerise ANCH comprehensive plan amendine planned unit development rind sketch plan 10. Appendix A. Legal Descriptions 13. Declaration Creating Covenants. Conditions acid Re frictions C. Cerise Ranch Wildlife/Vegetation Report D. Geotechnical Report E. Traffic Impact Analysis F. Mid Valley Metro District Service Letter {; Utility Company Service Letters 11. Property Owners within 100 Peet 1. Wetland Investigation J. Drainage Basin Analysis Cerise R ANCH ri 60 comprehensive plan amendment planned unit deUeloprrre+rt and sketch plan 1 STATEMENT OF OWNERSHIP Wintergreen Homes is the equitable owner pursuant to the purchase agreements dated January 23. 1997 and May 2 1 , 1998 between Wintergreen homes Limited Liability Cotnpany and. Murnbert Cerise Family Co. Limited Partnership. The purchase agreements have been prepared by Basalt Realty. 2 . INTRODUCTION TO THE CERISE RANCH P.U.D. AND SKETCH PLAN A PPLICATION A . Document Introduction The Cerise Ranch resides in the Roaring Fork Valley west of the Dakota subdivision and contiguous to Colorado State Ilighway 82. It has been owned and operated by the Cerise family since 1916 Since that time the agricultural operations have included cow production, horse pasture, potato production. and hay production for the feeding of livestock. Wintergreen Homes intends to purchase the property and currently holds an option to purchase it. Wintergreen Homes recognizes the importance of the Cerise Ranch to the area and will strive in this application to retain the open agricultural lands that run along Highway 82 while meeting the goals and objectives outlined in the Garfield County Comprehensive Plan. This document contains the required submittals for a comprehensive plait amendment. planned unit development application. and subdivision sketch plan for the Cerise Ranch. c'e'rise AANCH Highlights of this application include the preservation of agricultural lands along highway 82. the creation of a diversity of housing types for the project including multi family rental units. multi family condominium units. duplex units, 10,000 - 15.000 square foot single family lots.. and single family estate lots, a school or community facility site, neighborhood parks. regional recreation fields in conjunction with the community comprehensive !elan amendment planned Will develolttnettt anti sketch plat! • facility site, a common agriiuultural building site. and hillside open space_ This project i meant to complement the agricultural preservation needs. housing needs. and recreation needs which have developed in the mid valley area and have been expressed as desirable in the Garfield County Comprehensive PIan. and the Eagle County Mid Valley Master Plan and discussions within the Basalt Master Plan process. B. 1'icinitw Map cerise RANCH Lonirehensive plan nnie,niment planner., 111111 ttrtle101t111erlt and sketch plan • 1 . ISTING SITE CONDITIONS General Cerise Ranch is an approximately 300 acre parcel located west of the Dakota Subdivision along Highway $2 in the Roaring fork River Valley. The majority of the site is in Garfield County with a small portion at the east end being in Eagle County. The site is situated on the north side of the valley floor and lower shapes of the valley sides. Vegetation on the valley fluor and edges consists of irrigated pasture grasses and weeds. On th slopes above the valley, vegetation consists of pinion and juniper trees and sparse weeds and brush. fi Zoning 1be existing zoning at Cerise Ranch is Agricultural/Residential/Rural DensitytA/R/RD). Since Cerise Ranch falls within the boundaries of the Garfield County Comprehensive Plan and is designated with a medium density land use, an amendment to the Comprehensive Plan is necessary for the PUI)_ ceruse R A N C H comprehensive plan amendment planned unit develolu eni and sketch plum meadows and wetland areas existing dakota duplexes buildings and entrance at residence highway 82 agricultural meadows and wetland areas to be preserved blue creek location highway 82 Cerise Ranch existing eondil nrkril _ 19QR rshn • 1 1 I , .fltY7 - 1 I L. 1 + —i-4`._ - 4 ,:i---- •1 GARFIELD COUNTY - EAGLE cowry e ' ma ma 1,i4iim rip mm Sli•11 1-• .-7S 1111111' dm -160 f -r • agricultural meadows and wetland areas existing dakota duplexes existing ranch buildings and residence existing ranch existing entrance at blue creek — highway 82 location agricultural meadows and wetland areas to be preserved colorado state highway 82 existing agricultural meadows Cerise Ranch • existing conditions april, 1998 photographs • Climate Cienet tl C4iitnacltr t'onsillel,itt�ttls The climate of the area surrounding the Cerise Ranch Area is typical of a continental mountain region characterized by low average relative humidity. high solar insolation. and cool average annual temperatures. The entire central/southern Rocky Mountain region is dominated by relatively dry air masses. Storms which originate over the Pacific Ocean that follow the prevailing winds rroiu the west. lose touch of their moisture over other mountain ranges west of this site. Storms from the north. embedded in continental polar air. also carry relatively little moisture due to their continental origin. These northerly storms are most frequent in the late winter/early springtime months. Tropical gulf air masses seldom penetrate west of the Continental Divide at this latitude and provide very little effect to this region, 12 l Site Specific Climactic Considerations • The nearest reporting meteorological station with any records of consequence is Glenwood Springs, Colorado_ Data for Glenwood Springs is usually used fur this site„ although extremes of temperature. annual rainfall and total snowfall may vary from Glenwood's deep canyon locations to Cerise Ranch over twenty air utiles away. Glenwood Springs temperature data is tabulated in Table 1 Elevation treel1 5tl?3 tve ra lie annual Month temperature Jan tell Mar Apr May Jun Jly Aug Sep Oct Nov t)ec t"1;i (yrs) (Degrees. Fahrenheit) 47.7 41 24 30 iX 47 56 64 / 1 hk, e, 1 5t1 36 2 Table 2 outlines temperature data in its relationship to plant growth. an important aspect of vegetation and revegelation management. Cerise H ANCH comprehensive pion ameiiiIt,teret planned writ development arra! sketch plan • 13 Crowing Season Approximate growing degree days 1.cogih kg perd! 32" 1' 2V11- t.asl in Base 50"1: I3usc 40"1• threshold threshold spring 2150 4200 H Average date ol" 32,.1: I'lrsl 111 tall 143 171 14 -May 4 -Oct L"S14 rig data 29 The prevailing wintertime winds are from a westerly/northwesterly direction and as is characteristic of higher mountainous altitudes. wind velocities during air mass/frontal movements can produce effects of snow transport. drifts and cornice buildup. Control measures are highly desirable to optimize specific site potentials. Spring melt and runoff requires attention to waterbars and ditches to prevent erosion. Likewise. late summer dryness present a potential fire hazard which trust be a consideration during pre -season work. cerise RANCH comprehensive plait amendlnem planned unit development and sketch plan fnuli yearly prl"eIrl lath'!! fatal yearly Maya snUwltlll per year wllII preclptuttuln equal to Of l:A el:elt{non Elevation Steen 5!123 Alnllunl (inches/ 7 5 1-!'11!111 111 record Sycar.l 41 A.no1111I tincldest 67_ 1 ecu 111 111 record (years$ 15 (1 1" (hays[ 48 n S" fl 1 Si" _I Length iii record Ilycarrsi 1)1 The prevailing wintertime winds are from a westerly/northwesterly direction and as is characteristic of higher mountainous altitudes. wind velocities during air mass/frontal movements can produce effects of snow transport. drifts and cornice buildup. Control measures are highly desirable to optimize specific site potentials. Spring melt and runoff requires attention to waterbars and ditches to prevent erosion. Likewise. late summer dryness present a potential fire hazard which trust be a consideration during pre -season work. cerise RANCH comprehensive plait amendlnem planned unit development and sketch plan • (1; Geotechnical/Suills Investigation 15 The property is underlain by bedrock consisting of the Pennsylvanian aged Eagle Valley Evaporite and is exposed on the slopes above the valley floor. Quaternary aged colluvial deposits overlay the bedrock and thicken on the lower slopes towards the edge of the valley floor forming a colluvial wedge. On the valley floor bedrock is covered with Quaternary aged terrace gravels deposited by the Roaring Fork River, Three alluvial fans coalesce along the north side of the valley floor covering the terrace gravels. It is the opinion of CTL/Thompson that all of the potential geologic hazards can be initig,ated using engineering and construction methods considered normal for this type of development in the locale. In their opinion, the geologic conditions and potential geologic hazards are similar to and no greater than those of other developments in the area (e.g. Aspen - Glen, River Valley Ranch, etc.). Conditions at this site are typical of mountainous terrain. For the complete Geotechnical report see appendix. Asa cerise RANCH comprehensive plan amendment ',tall, f f II I t gleVelOptilei I 1 and sketch plait { } • OM =IN • L. 1 -}-i c GARFIELD EAGU qD4 p uoqeVp.ii rr 1 (sa t'ii 9Z) spug4 n ,-- re n Warr � 1:3inn- rc 9 rC rD z 3 rt r'. Vegetation/Wildlife 17 Three lopes of plant communities/ecosystems were identified within the cerise Ranch study area. They include oaklserviceberry shrubland, herbaceous pasture lands. and wetland communities. Based on the preliminary Cerise ranch sketch flan. the majority of the proposed development would occur on herbaceous pasturelands near the toe -of -slope that delineates the hutrndary between the two upland plant communities. Preliminary review of wildlife resources. for the sketch plan phase, consisted of reviewing the Colorado Division of Wildlife's (US wildlife database, and meeting with Kevin Wright and Rick Adams the DoW District Wildlife Managers. Based on the database. important wildlife habitat in the vicinity of Cerise ranch include Elk and Mule Deer migration corridors and winter range. The DoW would discourage the disturbance or impacts to oaklserviceberry plant corntnunities. and at the same time favor ihe institution of covenants which would protect wildlife activities in the vicinity of Cerise Ranch. 1. Montane Shrublands and Herbaceous Rangeland Montane shrubland range in elevation from 5500' to I0.000'(Motel and Emerick, 1992). Dominated vegetation usually consists of Gantbel oak. serviceberry. greasewood, mountain mahogany. rabbitbush, and big sagebrush. These species can be found on the south facing hillside within the project area and are important winter range for elk and mule deer. 2. Wetlands and Riparian Ecosystems Wetland and Riparian communities are found throughout the montane forest communities ranging from 5.500' to 11.000' and are a critical Link in maintaining ihe health or surrounding plant communities and wildlife. Typical cerise R A N C H comprehensive plriu rt}irYJ iiflI 7ti planned unit development ard sketch plan 18 vegetation consists of cottonwood. willows. alder, and hireh. Plus. there is a wide variety of herbaceous species usually dominated by sedge and rush species. Wetlands provide water. food. and cover fur ally types of wildlife_ In addition. wetlands protect water quality by filtering runoff before it reaches the rivers or streams. Wetlands also act as a sponge during high flows. absorbing water and then slowly releasing it back to the stream after storm events or spring snow melt. Because of the western slopes semi -arid climate water is an important limiting resource. Therefore. the protection of wetland communities is critical to the long term survival of most of the animals found here. Typically. the Artny Corps of engineers requires 2:1 mitigation for impacts to wetland conintunities on the west slope. 3 Study Methodology A (and use and land cover classification system developed by the US Geological Survey (Anderson et al.. 1976) was utilized to label tie ranch uses and plant community types. A I t)r)O aerial photograph acquired from the Natural Resource C'oriservatiun Service was used as the study base map. Numerous field visits were used to determine the aerial signature of the various plant communities in the study area. The approximate boundaries between the communities were sketched onto the base (figure 2). Aquatic and Wetlands Consultants. Inc. and Andrew Antipas Ecological and Environmental Consulting. LI.0 have delineated wetlands in the study area and will provide a delineation report under separate cover. However. approximate wetland areas are shown in Fi4eure 2 for preliminary planning purposes. Cerise AANCH t uzrrprehetrsive trluu amendment planned writ development and sketch Mau 19 4. Results Three types of plant communities/ ecosystems were identified within the Cerise ranch study area. They include oaklserviceberry shrubland, herbaceous pastureland, and wetland/riparian communities. Figure 2 illustrates existing land uses and the location of the plant communities throughout the study area, 1'he wetland types found within the study area include emergent and wet meadows. Based on the preliminary sketch plan no wetlands would he impacted. Development would occur on the herbaceous pasturelands. However, it' design plans change, impacts to wetlands will require Section 404 permits issued by the Army Corps of Engineers prior to construction, A inure complete discussion of the wetland resource in the study area is available under a separate cover. oak/serviceberry shrublands are typically found on south facing slopes and are important winter habitat for elk and mule deer because they du not hold snow during the winter. Avoiding this community type will be valuable in preserving winter habitat for the native big game species. The herbaceous pasturelands have been created by agricultural activities in the valley. Historically.. oaklserviceberry covered the pasture areas as well, but were removed when the valley was homesteaded_ Much of the pasturelands on the Cerise Ranch have been flood irrigated for may years and it appears that some of the poor draining and low lying areas have become wetlands. 11 is also possible that the construction of the 4 lane portions of highway 82 may have lead to the present drainage condition and wetland formation. Cerise RANCH cwrtprchensitne plan amendment planned unit development and sketch plan 1 Developed land 11 residential 12 commercial 13 mads Cerise Ranch Land Uses 3. Rangeland 5. Water 32 shrub and brush rangeland 51 streams (violet lines) (brown line delineates boundary) 52 irrigation ditches (green lines) 2. Agricultural land 4. Forest land 21 crops and pasture none present 6. Wetland 61 wetland meadow 62 cattail marsh FIGURE 2 • 21 4 .0 CONFORMANCE TO GARFIELD COUNTY COMPREHENSIVE PLAN A. General Based on existing conditions and proposed uses of the Cerise Ranch. the PUD and Sketch Plan submittal successfully meets the goats and objectives of the Garfield County Comprehensive Plan. The proposed development will be sensitive to existing natural features, existing agricultural open space. need for quality housing, logical use of current public transportation and proximity to other neighborhoods and (heir amenities. The following is a breakdown of the Goals and Objectives as stated in the Comprehensive Plan. It is the goal of this development to address and meet each of those items. B. Public Participation The applicant held a pre -submission public input session on June 1. 1998 at the Blue Lake community center. The intent of this meeting was io present the proposed Sketch Plan and inform neighboring property owners of the development opportunities. All property owners within 300 feet of the development parcel were notified by mail. Flyers were also posted on local community facility bulletin hoards. It is the intent of the applicant to hold additional public input sessions following the Sketch Plan review of Garfield County. C. Housing This plan provides affordable housing which has been identified in the Comprehensive .Plan as not .currently available in some areas. Recently. the Town of Basalt in their advisory committee and public meetings held to create a Comprehensive Master Plan for all lands within the three mile boundaries of their municipality has stressed the need for affordable housing in the Mid Valley region. Upon their analysis only 30% of the cerise R ANCH comprehensive plan amendment planned unit development dud sketch phut housing in the area could be considered affordable with must of that housing in the El Jebel Area within ane and one-half miles from this project. Affordability, in this instance. was judged by the type of residential unit and its potential sales price such as modular and multi -family units that might sell for Tess than $180.000.00. Discussions have revolved around how to increase the percetltage of affordable housing in the region. This project addresses these concerns as well as the housing goal outlined in the Garfield County Comprehensive Ilan. The design and location oI' these homes provides a diversity of housing types from deed restricted multi -family for sale and rental units to free market multi -family, two-family, and single family units, For a detailed description of the affordable and entry-level housing attributes for this project. please see the l .U.D. section of this document. The proposed housing is in a location adjacent 10 existing residential development and can be linked by a trails system to the adjoining pedestrian easements established at the Dakota project. The housing has been located on the stretch of property along the base of the hill. All efforts have been made to preserve open space along the Highway maintaining the visual quality of the current agricultural open space for both the residents of this development and travelers up and down the valley. D. Transportation. 114 `l"lie location of the proposed housing is easily accessible by the existing RFTA bus system and this project proposes to put in a bus stop al the intersection of the primary project entrance and Highway 82. With public transportation currently moving up and down Highway 82, residents of the development will be able to access the existing bus line easily via pedestrian trails from the residential and community facility portions of the project to the bus stop. cerise RANCH corrrlrreu'iisit a blare auaeng.Irareut planned unit ilevelopmeni and sketch plurr 23 As well. pedestrian connections will be tnade to the Dakota Project which accesses the trail systems at Blue Lake. This will encourage use of trails to get to the regional transit center in 1:.1 Jebel via that trail system. Discussions are underway with the Blue Lake Homeowner's Association to understand all issues related to potential trail connections through that project. The proposed development will contain a primary and secondary access drive to insure that clear access is provided to the project at all limes. Cul de sacs have been minimized in the plan to provide alternative routes to all project areas from a collector street leading to all units or driveways. This street will not be connected to any other existing developments therefor limiting traffic to only those going to and from the development. A Traffic Study of the impacts to Highway 82 has been included in this submittal. See the appendix to review this report. E. Recreation and Open Space The proposed Development seeks to preserve the visual corridor along Highway 82 and with that objective in mind has placed all development 900 to ,600 ft. away front the highway at the base of the hill and preserved 91 acres as agricultural open space. Additionally. 215 acres of hillside open space has been preserved. This plan is designed to retain and enhance existing open space. A 20 acre public institution land use category has been located along the primary entrance to the project. Proposed uses for this site may be an elementary/middle school facility. community center, recreation center including bike paths. playgrounds. park sites. baseball. softball. and soccer fields. cerise RANCH comprehensive plait itrrivndnteatl planned unit deuelopr►reiiS and skef..lt plum • 24 Agriculture Development has been clustered outside of the prime agriculture areas at the base of the slope in an effort to preserve the agricultural uses on the site. As mentioned above 91 acres of agricultural land will be preserved with this plan. G. Water and Sewer Services The Mid -Valley Metropolitan District can and will provide water and sewer services to the proposed development. A Wastewater Treatment Plant Development Agreement and Sewer Interceptor Line Extension Agreement have been agreed upon and are contained in the appendix of this document_ H. Natural Environment The development submittal proposes to cluster housing in a flh.,l it leer that allows areas of remaining open space to be preserved. As proposed in the following Comprehensive Plan Proposed land Use Districts Map, 91 acres of agricultural open s ace will be preserved as well as 215 acres of hillside open space. Residential development has been pulled to the toe of the slope with gaps left for wildlife to access the lower meadows on the site. Wetlands have also been identified and preserved. 5.0 A MENDMEN7' 'CO GARFIELD LD COUNTY COMPREHENSIVE PLAN A. Proposed Amendment The applicant is requesting and amendment to the Garfield County Comprehensive Plan for Land Use Districts un the Cerise Ranch Site based on the following factors: The Cerise Ranch site is now included in Here slid -Valley Metro district and will have water and sewer service provided. When the Comprehensive Plan was issued in 1995, these services were not available and therefore some cerise RANCH 0i npreii iisrtie plan amendment planned unit ateveiopirrenf stud sketch plait • 25 consideration was given to land use districts based on this Zack of services. The Cerise Ranch site is within 1.5 utiles of an existing community center at which daily needs, a transit center and other activities are within easy walking distance of each other. 3. Cerise Ranch has created an opportunity to conserve Agricultural Open Space by creating an Open Space Land Use District on " r; the site. Further opportunity for conservation is available as the applicant is willing to pursue placing conservation easements on the site to insure that agricultural use areas and hillside open spaces are left perpetually open 4, The REI School District has met with the applicant and has expressed interest in obtaining this site for an elementary or middle school. Currently the RE1 School District does not have a Future middle school site in the region due to the large amount of acreage required icor the upper level schools and is interested in this site. For regional planning purposes* the use of a public institution site will need to be coordinated with Garfield County, the Town of Basalt. and the RE' School District. Discussions have been had with the School District,. the Town of Basalt. and regional recreation clubs to understand the needs of the area for an added public institution site. By all counts it appears that the need is present to insure that public amenity sites are included in residential development proposals. 5. Regional needs for affordable housing are currently being assessed by Garfield County and the 'Town of Basalt. The P.U.D. and Sketch Plan proposal in this document outline the opportunities for affordable housing on this site in order to address the needs. The affordable housing cerise RANCFI comprehensive plan amendment planned unit development and sketch plan elements outlined in this document have been coordinated at a conceptual level with the Carbondale Affordable Housing Corporation as they are currently the organization in Garfield County that is dealing or has dealt with affordable housing issues of this nature. The high density land use category is meant in this amendment to provide the opportunity for affordable housing and a diversity of free market housing types within this project •tompreheisive plan amendment planned unit development and sketch piing cerise RANCH e_t amp ••••••••Ir, 1 :01 \\1`/ .1) 1 -1- f - 1 ' I • 6.0 Planned Unit Development Proposal Introduction to P.U.D. lS The objectives of this 13.LI.D. are to take the goals outlined in the Garfield County Comprehensive Pla►n and the underlying Garfield County zoning and create a mixed use community that utilizes greater design flexibility and creates an imaginative design for development. This PLUU sets forth land uses and development in the unincorporated area of the County of Cart'ieId. State of Colorado: regulates the use of land. bulk. maximum height: provides regulations for uses permitted therein and accessory buildings and uses and provides additional supplementary regulations. Cerise Ranch is a large parcel of land under single development control and is suitable for creation of a residential community with a mix of recreational and other uses. Cerise Ranch encompasses such beneficial features as a balance of residential and recreational uses; enhancement of public safety: creation of an aesthetically pleasing living environment: and promotion of high standards of development quality by stringent site planning, landscaping controls and architectural design guidelines all for the benefit of the existing and future citizens of Garfield County. cerise RANCH Aft comprehensive phut amenelrue'rrt !tinned rririt <iLuelalurrerti mkt tiki'tLh plan • planned unit development proposed land use designations agricultural open space limited open space recreational open space public institution residential single family 1 4 .„ _ 11 I .. __, .....- --- , .....;,' ..• 1 ..--- (91 acres) (123 acres) (4 acres) (20 acres) (34 acres) residential single family (19 acres) residential two family (2 acres) residential multi family (12 acres) residential multi family rental (8 acres) CERISE RANCH comprehensive plan amendment planned unit development sketch plan July 23, 1998 0 200 400 800 1200 48 units 38 units 14 units 186 units 100 units L , titt.IANDstudio 'Wk 3146 hasah_ ohm*. SIGN phone 91O q27 VO4 lax riorth ---7-m-a• - tJ N.? • 00 4a' Cr' • _T 11 5 5 + -----I--- n • a - f GARFIE.LD COUNT' EAGLE • - — T • ' f • \ \s f } • 1,4 4- { { 1 '1 r.+ .{ 1 } ■ tiOig • till` S11 • GARF[F-.LD COUNTY EAGLE COUNTY — a T v z Frr (41 `C3 0 CIL 11) 0 eD0 5 c G • 20' setback 5c' row 20' setback multi family rental rear street cross section scale 1°=20'-0" 4%' 10' 5 1 planting path area 5' seta� parking 24' two way traffic 50' row 15' parking 5' 10' path planting area 5' setback multi family rear street cross section scatet 1"=20'-O" ..� 25' setback. 24' two way traffic 50' row single family, two family, multi family 4 multi family rental fro street cross se on •. cGrilet T"WSO'-O =5' setback =5' 5 20' two way a' 5' 25' planting path traffic parking one path planting or driveway bide only or drivewN C. Affordable and Entry bevel housing Plan The Owner/Developer shall provide for entry-level condominium units and affordable condominium units as outlined below. Garfield County, if no housing entity is assigned. may alter. change or delete the specific requirements listed in Section C so long as the intent of providing affordable, entry-level or employee housing is preserved, The affordable. employee and entry-level housing plan and associated documents shall be reviewed and approved by the Garfield County ,Attorney prior to the 91) day marketing period discussed below. cerise RANCH Entry level Condominium Units The Ownerll}eveloper agrees to provide Entry-level Condominium Units whim the project with the following reyuirente11 5. a. The Owner/Developer shall make available to a Garfield County (lousing Entity a grant or a minimum of $250,000.00 which will administer the Entry-level Unit Loan Program as a loan to assist local employees, employers or residents with down payments and closing costs. Should the initial grant amount not be utilized within the 90 day marketing period discussed below. the Program, shall continue during the duration of the project until a minimum number of units are sold. 11 the Program funds listed above are fully utilized prior to the end of the 90 day marketing period. the Owiter/L)eveloper shall increase rite loan funding to accommodate local demand. h. An applicant for a loan shall not have an income that exceeds tate U.S. Department of (lousing and Urban Development. "HUD". income guidelines of 115% of median income. i tirulrrrlss•+isivr plan sirrienctrrrerit pia+writ nitsi i1euc•1Otnr+ePt grist ketch plan 34 c Maximum loan shall he 4' of the purchase price, with a maximum of $6.000. d. The loan shall be repaid to the Garfield County Housing Entity upon sale. transfer. refinancing or leasing of the Entry level unit. e. Criteria for lending will be allowed up to 33% debt to income ratio to determine qualification and purchase price. The Ownerll)eveloper shall require a $1.000 deposit from qualified buyers in the Program; the remaining $4.000 deposit will be deented an advance to the Entry-level Condominium Program for the benefit of the purchaser. People eligible for the entry-level housing program shall have a maximum family income based on 1999 figures anticipated to be 1998 figures increased by 3%. h, A local marketing program will be developed with and approved by a Garfield County Housing Entity prior to any advertisement for the protect, or site plan applie;rtion. whichever occurs first. The local marketing program. once commenced by the Owner/Developer, shall run for 90 days. During this time period. the Entry-level Units will be marketed exclusively towards residents. employers, (for employee housing) and employees. No units can be marketed to out -of -region residents during the 90 day local marketing period. The Owner/Developer will notify the Garfield County Housing Entity and the Garfield County planning Office when the local marketing program will be initiated. and provide evidence of implementing cerise RANCH 4Irrrprehertsive pia amendment planned d urrit rI vrfoprne°nt Ina! sketch 'thin • • :35 such program on a bi-monthly basis until the program has expired. The marketing plan shall cover tithing and wording of media advertisements, description of on-site efforts and provisions made with Local reactors and lenders for furthering the local marketing. For region residents. employers or employees not utilizing the loan. the Owner/Developer shall provide residents, employers and employees of the region, an opportunity to purchase a housing unit of their choice at a 3% discount from the market price during the 90 day marketing period. After the 90 day local marketing period. the units shall be released for offering to the general public. The 3% discount is not valid if a loan is obtained by a prospective buyer as outlined above. Purchasers utilizing the 3% discount must show proal` of residency. proof of business or employment in the region as outlined below. if an Entry-level Unit is purchased by an employer, such units shall be owner occupied or rented by an employee of the region. k The 3`h. discount listed herein is only valid during the 9(} day marketing period. For the purposes of this section, "regional residents" are those persons who have their primary year-round residence or employment within the RE I, RE2 or Aspen School District boundaries. in. Purchasers of the Entry-level Condominium (nits that utilize either the loan or the 3% discount shall be required to execute an affidavit of either residency. employment er business in the region. cerise HANCH comprehensive plan amendment planned unit development and sketch plan 'fit Such an affidavit shall also include a clause stating the unit will be occupied by the owner or by an employee of the business owning the unit. n. After all the Entry-level Units are sold by Owner/Developer, all rights under the Program will be administered exclusively the Garfield County Housing Entity their successors or assigns. including program administration and collection of funds. Affordable Condl}niiniuIII 1 nits The Owner/Developer agrees to provide 1O% of the free market multi -family product as affordable Condominium 1 nits. hereinafter referred to as `"Affordable Units", within the project. with the following specific reyuirt"111c UIS a. The Garfield County Elousing Entity will develop a perpetual deed restriction that caps the resale price of the Affordable units to ensure long -terns affordability. Purchase price of the Affordable Units will be 12% less than the market price to entice purchasers to buy deed restricted units. The Garfield County Housing Entity. or their successors or assigns, shall reimburse the Owner/Developer one-half the 12%. c. If the Affordable Units have not been sold when the Owner/Developer has sold all of the Entry -Level Units, subject 10 the provisions listed above, then the Affordable Unit deed restriction will be lifted by the Garfield County Housing Entity and the County. After the deed restriction is lifted. the Owner/Developer can then sell the affordable cerise RANCH comprehensive plan urrlrudmel11 planned unit development 111111 sketch plan • cerise RANCH condominiultl writs per the Entry-level Condominium Viii[ provisions. 37 Ott d. A local marketing program will be developed with and approved by the Garfield County Housing Entity prior to any advertisement for the project, or site plan application. whichever occurs first. The local marketing program, once commenced by the Owner/Developer, shall run For 90 days. No Affordable Units can be marketed to out -of -region residents. employees or employers of the region during the 90 day marketing period. The applicant will notify the Garfield County housing Entity and the Garfield County I'l,llining Department when the local marketing program will be initiated and provide evidence of implementing such program on a hi -monthly basis until the program has expired. The plan shall cover timing and wording of media advertisements. description of on-site efforts and provisions made with local realtors and lenders for furthering the local marketing. 3. Rental Units 11 is the intention of this application to develop. own and manage the rental portion of this community assuming it can be financed with either tax exempt bonds or tax credit equity sources of funds based un Garfield County support. Given these financing sources, the project will have income and rent restrictions on at least 50% of the units. The restrictions would be at 50% and 60% of the Garfield County area median income which in 1998 is $43.200. See the following schedule which details the rent and income restrictions as they apply to different unit sizes. The actual unit mix detailing bedroom sizes would be determined by market demand. comprehensive plan amend swot planned unit development and sketch plan • cerise RANCH 38 The proposed financing is the primary means currently available to develop new affordable rental housing. The tax exempt bond and tax credit programs are highly effective in providing affordable housing and not subsidized housing as each resident is required to pay rent monthly. Residents do not receive a subsidy to assist in their rent. The program works by making the developer exchange favorable financing for below market. restricted rents. 11 is the goal to maximize the financing programs to develop 0 product which is of market rate quality. hut offered at a below market rental rate. With the great need for affordable housing in the Roaring Fork Valley your proposed development will sere a permanent source of high quality affordable rental housing for the long term. 1998 Garfield County AMI $43,200 Maximum income Per Unit Type ur Unit Maximum Allowable Kent 6O% of AM/ IBR/IBA $19.440 $486 2 BRI2BA $23.340 $584 3 BR/2BA $26.970 $674 50% of AAP IBR/I BA $ 1 6, 200 $405 2 BR/2 BA $19.450 $486 3 BR/2 13A $22.457 $562 comprehensive plan amendment planned unit development and sketch plan • • flfld H`3NVcl 3SId3O • 11. Etllity Services Summary Text 40 1. (Water Watcr service will be provided by the Mid Valley Metropolitan District as stated in a letter dated July 21, 1998. The letter confirms that the Mid -Valley Metropolitan District can and will provide water and sewer services to the proposed Cerise Ranch development Sewer service will also be provided by the Mid Valley Metropolitan District as stated in a letter dated July 21, 1998. The pre -inclusion agreement containing information regarding plant location is included in the appendix. Cohlk_ I til[11,—,) Letters from, Holy ros. KN Energy. TCI Cable and US West have been included in this document stating services from these companies are available. Please see appendix. cerise H ANC 1-1 4.w----isehrwv----,v.~—kyarwgemxwwmpara tEnnprenensive plan amendment Mantled unit development Sket C11 plan 41 1, Preliminary Trarric Study Rased un the analysis presented in the appendix and prepared by Leigh, Scott. and Cleary. Inc_ the following summarizes the findings relative to the traffic impacts of the proposed Cerise Ranch Subdivision project. 1 At buildout, the proposed project is expected to generate 2,509 vehicle -trips ( 1 .405 in and 1 .405 out) during an average weekday. Of these, 40 would enter and 170 would exit during the morning commuter peak -hour. During the evening peak period. 182 and 94 would enter and exit the site. The directional distribution of site -generated traffic is expected to be oriented along SH 82 with 60 percent towards the east and 40 percent towards the west. 3. Auxiliary lanes will be required at both proposed site access points. The western site access point will need both lett- and right -turn acceleration and deceleration lanes while the eastern access will need a left -turn acceleration lane and. left- and right -turn deceleration lanes. 4. Coordination with the Roaring lark Transit Agency i5 recommended in order to explore the potential for a SH 82 bus stop at Cerise Ranch. Such service would substantially reduce projected peak -hour traffic associated with the development. sob • cc arul�rehettsivc plan amendment f: I' 1 S H planned unit development n R A M C H anti sketch phtti • 43 I.. Community Facilities Plan L. a The community Facilities proposed in this planned unit development include: Three neighborhood parks totaling 4.5 acres Community facilities site totaling 20 acre Agricultural Open Space totaling 91 acres Limited Open Space totaling 123 acres Common Agricultural Building Site in Agricultural Open Space Recreation Trails See the P.U.D. Plan in this document for the location of the above facilities on the site. Geologic Hazard. Mitigation CTI. Thompson has prepared a report with the following mitigation recommendations: Structures should be sited outside of the identified subsidence area. Anticipate sediment loading 40 to 50 percent in developing the site drainage plan. Site drainage structures need to be designed such that blockage and overflow do not occur. if further quantification of the magnitude of potential debris Flows is needed a drainage basin hydrologic analysis could be performed. Excavation into slopes steeper than 30 percent should be addressed by a geotechnical engineer on an individual basis. cerise RANCH comprehensive plan urru•rulme ti planned u►ill deve•lop:m.1 t and sketch plan • NI. .1 ildlife° Impact Mitigation 44 As previously stated. homeowners and their pets represent a greater threat to wildlife than the physical construction of homes on the: pasturelands_ The DoW recommends the following mitigation measures be implemented to help protect the wildlife resource in the project area: • Minimize impacts to the oak/sagebrush community; • Eliminate or restrict dogs and cats and prevent thein from running free in the development; • Fencing design should not restrict wildlife movement and should he approved by the DoW; • Down lighting should he utilized to protect wildlife movements at night; • Preserve a wildlife corridor so the deer and elk have access to the open space: • Homeowners should be aware that the removal of dead wildlife will he their responsibility: • [lay piles should he enclosed to discourage wildlife feeding: • Wildlife migration corridors exist on the oak/sagebrush hillside and need to be left as such; • A wildlife education program should be instituted in order to educate homeowners; • Disturbed areas need to he replanted as soon as possible in order to reduce soil erosion. N. School District Dedication Cerise Ranch is willing to dedicate a 20 acre Tt } community facility site based on the recreational facility and educational facilities of the region. Preapplication meetings with the school district have indicated a need for a middle school site requiring more acreage than is currently available in the mid -valley area. It is anticipated that recreation fields are also desired in the area. cerise ANCH comprehensive phut stnrcrrdrneut planned unit development and sketch bluer 7.0 Proposed Zone Regulations ;�. Purpose/General Provisions Purpose 45 • This PtlI) sets forth Iartd uses and development in the unincorporated area of the County of • Garfield, State of Colorado; regulated the use iatof land, bulk, maximum height; provides regulations for uses permitted therein and accessory buildings and sues: and provides additional supplementary regulations. Cerise Ranch is a large parcel of land under single development control and is suitable I'ur creation of a residential community with a mix of rec:reational and community facility uses. Cerise Ranch encompasses such beneficial features as a balance of residential and recreational uses; enhancement of public safety: creation of an aesthetically pleasing living environment: and promotion of high standards of development quality by stringent site planning. landscaping controls arid architectural design guidelines all for the benefit of the existing and future ciiitens of Garfield f'ounty- 2 Authority This document shalt be known and may be cited and referred to as "Cerise Ranch Planned Unit Development Guide". 13 Application or Regulations 1. Control Over Use 1lser the effective date of approval of this PUD Guide. cerise R A NC 14 cfunprrfrr"irsivr plena anrrerdnienf planned writ development and ske'tc'h phut • 46 a. Any new building or other structure, and any parcel of land. may be used: and b. The use of any existing building, other structure or parcel of land may be changed or extended:and; c. Any existing building or other structure may be enlarged, reconstructed. structurally altered. converted or relocated For any purpose permitted or required by the provisions of this PUD Guide applicable to the area in which such building. other structure or parcel of land is located. and for no other purposes. Such use. change. extension. enlargement. reconstruction. structural alteration. conversion or relocation shall be subject to all other standards and requirements set forth or referred to in the standards and requirements of this P1'1) Guide. 2 Control ()%er Location and Bulk cerise RANCH \iter the effective date of this P1ID Guide the location and bulk of all building and other structures, existing and future shall be in conformity with: All standards and requirements set Forth or referred to in the standards and requirements for the area in which such. buildings and other structures are located: and h. Any oilier applicable standards and requirements of this POD Guide and the Design Review Guidelines. 3. Incorporation of Development Pian The plan of development for Cerise Ranch including the location and boundaries of planning areas, the use the comprehensive plan amendment planned unit deoetopment and sketch plan 47 circulation elements and the densities established by the PLID Guide 4. Design Review Guidelines Cerise Ranch I'Ul) Guide contains broad design guidelines for each of the planning areas. Said design guidelines are intended to supplement and complement (Garfield C'aunty's Building Ordinances. Where any conflict tnay occur. the most restrictive provision shall govern. Garfield County shall administer provisions of the KID (Guile. each area's Property Owners Association will administer the Design Review process. A draft outline of the Design (Guidelines is as follows: A. Introduction: intent of Design Guidelines Relationship to prolective covenants and Garfield County standards B. Design Review Committee Review Procedures Pre -planning meeting 4. Schematic Design Review 3. Final Pian Review Common Area Site Planning and Development Standards I. Agricultural Common Area �. Recreation Amenities fencing 4 l`IrIitie. and Driveways 5, Planting b. Wildfire !vlanagetnent 7. Wildlitc Management cerise R A N C H ontprriu•nsive plan amendment planned unit development and sketch plan 48 41111ilfr— aiggp•ma—zwimmmag.a.----Aufir, —MR cerise R ANCH D. Residential Site Planning and Development Standards Utilities and Driveways 2 Grading 3. Lighting 4. Fencing 5. Signage 6. Planting 7. Wildfire tvlanagement 8_ Wildlife Considerations E. Primary Residence Architectural Standards Building Location 2. Building Form and Massing 3, Roof Design 4. Exterior Walls and Surfaces 5. Foundations 6. Chimneys, Flues. and Roof Vents F. Common Area Architectural Standards 1. Building Location 2. Building Form and Massing 3. Root Design 4. Exterior Walls and Surfaces 5. Foundations 6_ Chimneys. Hues. and Roof Vents 5. Planning Area Boundaries Wherever a planning area abuts a street as shown in the Development Plan, the boundary is the abutting right -or - way line of such street. Wherever a planning area does not so abut a street. the boundary shall be as shown in the Preliminary Plan. The size or any planning area may comprehensive plan amendment planned unit development irnti sketch plan • 0 -19 increase or decrease alter final determination by the developer during the final subdivision process without any amendment to this PUID Guide. C. Establishmcn1 or Uistricts or Land use flesigiia 110 ns The following list identifies Planning areas within the Cerise Ranch PUD and their respective laud uxe designations. AOS Agricultural Open Space LOS Limited Open Space ROS Recreational Open Space P 1 Public Institution RSF 1/4 acre Tuts Residential Single Fancily 1/4 acre lots RSF estate lots Residential Single Fancily estate lots RTE Residential Two Fancily RMF Residential Multi Family RMFR Residential Multi Family Rental Planning Gross Area Acreage DU/Ac Parking AOS 91 1/91 20 total LOS 123 n /a 4 total ROS 4 n /a 6/acre P1 211 n /a 1/200 s.f. RSF 1/4 acre lots 34 4 1/600 s.f_ RSF estate lots 19 2 1/600 s.f_ RTF 2 7 1/600 s.f. RMF 12 15 1/600 s.f. RMFR 8 15 1/600 s.f. cerise RANCH comprehensive plan atnotd»tettt planned unit development and sketch blurt • • 1). 1 :till! 1 se Uesi2n.rtions/L)evelnpment Standards 1. 10S - AGRICULTURAL OPEN SPACE a. Permitted Uses: Agricultural. including farm. garden, orchard, ranch and customary accessory uses including buildings for shelter and enclosure of persons. :tnitn t1ti or property employed in any of the above uses within the defined building envelope. a Nlinimunt Setbacks: All agricultural. buildings will be located within a defined 2 acre building envelope. b. Nlaxintutti building height: 25 feet c. Maximum Building Envelope Area 2 acres d. Maximum Building Envelope Coverage: 25% by buildings or a total of 75% by all other impervious materials LOS - LIMl'l't':li OPEN SPACE Permitted Uses: i. Open space ii. Recreational trails Utility services cerise I ANCH t iltpirhr►r.itt �!lrrn rant lrtlru: rrt !thinned unit development and sketch plan s1 3. Roti - RI :c t I:ATIONAL. OPEN SPACE a. Pe milted L es: Organized or unorganized activities and recreational uses such as hui nut limited to: soccer/football. parks, baseball. trails, picnic areas ii Utility services 4. PI - PUBLIC INSTITUTION a. Permitted Uses: i. School. church. community building. aiid day nursery ii. Utility services b Setbacks: Front yard: Side yard: Rear yard: Highway: 50 feet 10 feet 25 feet 50 feet c. Maximum building Height: ,i5 reei d Maximum Lot Coverage: 355 by buildings or a total of 75'» by all other impervious materials c. Maximum Floor Area Ratio: 45% of lot site defined to include all space between exterior walls excluding true basements and garages r. Parking: I space per 200 sq. fl. of floor area cerise RANCII compreireiNive plan errreerrrlrere'rri planned remit elt'velulrrrrcal errs! f+len: 52 446--__.•011._____--ter. -9411(- 5. RSF - RESIDENTIAL SINGLE FAMILY 1,1,1 acre hits a Permitted L;ses 1. Single Family Structures ii. Recreational activities and facilities; including but not limited to, playgrounds and equipment, tennis courts, basketball courts, outdoor swimming pools, restrooms and trails. Child care facilities v. bonne occupations v. Utility services vi. Residential sales and management offices for on site development. b Setbacks: Front yard: Side yard: Rear yard: 25 feet 10 feet 25 feet c. Maximum building height: 25 feet d. Parking: One off-street parking spaces per 600 square feet including the garage, e. Minimum Lot Area: 10,000 square feet r. hlaximum Lot Coverage: 50% of lot size by buildings or a total of 75% by all other impervious materials Maximum Floor Area Ratio: 50% of lot size defined to include all space between Cerise HANCH comprehensive plot amendment planned unit development Quid sketch plan exterior walls excluding true basements and garages 6 RSF - RESIDENTIAL SINGLE FAMILY estate lots cerise RANCH 53 a. Permitted Uses Single Family Structures ii. Recreational activities and facilities: including but not limited to, playgrounds and equipment. tennis courts, basketball courts, outdoor swimming pools, restrooins and trails. Child care facilities iv. Home occupations v. Utility services vi. Residential sales and management offices for on site development. b Setbacks: Froni yard: Side yard: Rear yard: 25 feet 10 feet 25 feet c. Maximum building height: 25 fce i d. Parking: One off-street parking spaces per 600 square feet including the garage. e Minimum Lut Area: 20.000 square feet f Maximum Lut Coverage: 359. of lot size by buildings or a total of 75% by all other impervious materials romprrjrc'nsivr j111i;i' amendment +rfultr ed rrrrrl arraefi>piiiem u ud tikeir h f?lru i g. \la'1inum Floor :area Ratio: 35% of lot size defined to include all space between exterior walls excluding true basements and garages 7. RTF - RESli)ENTI.1i. TWO FAMILY estate: lots a. Permitted Uses Single Family Structures ii. Recreational activities and facilities: including but not limited to. playgrounds and equipment. tennis courts. basketball courts. outdoor swimming pools, restrooms and trails. Child care facilities iv. home occupations v_ 1 tility services v i Residential sales and ntanagetnent offices for on site development. b. Setbacks: Front yard: 25 feel Side yard: 10 feet (excluding attached side) Rear yard: 25 feet c. Maximum building height: 25 feel d Parkin.: One oI'f-slreei parking spaces per 600 square feet including the garage. e. \1 i n i ill u 111 I. u t Area: 10,000 square feet (2 units) (5,000 square feet per unit) • cerise RANCH comprehensive than amendment plumed unit developrtreul and sketch plan r. 55 tilaximum Lot Coverage: 50% of lot size by buildings or a total of 75% by all other impervious materials; Maximum Floor Area Ratio: 50% of tot size defined to include all sparse between exterior walls excluding true basements and garages S. RMF - RESIL}ENTIAL, d IUL.'I'I FAMILY a. Permitted Uses i. Townhouses, condominiums. and triplex structures including both ownership and rental ii. Recreational activities and facilities; including but not limited to. playgrounds and equipment, tennis courts. basketball courts, outdoor swimming pools. restrooms and trails. iii. Child care facilities iv. Horne occupations t°tility services vi. Residential sales and management offices for on site development. b, Setbacks: Front yard: Side yard: Rear yard: 25 feet 20 feet s feel. c. Maximum building height: 40 feet d. Parking: 1 space per 600 sq. ft. of floor area; or I space per dwelling unit which ever is greater cerise r� ANCH comprclrrusiue plan tonerretrirent planned unit development mrd sketch plan • 9 . e Minimum Lot Arca: 12.000 square Feet 56 XIIla f. Niaximunt Lot Coverage: 50% of lot size by buildings or a total of 75` by all other impervious materials: r. Maximum Fluor Area Ratio: I00% of lot site defined to include all space between exterior walls excluding true basements and garages RMFR - RESWENTIAL MIILTI FAMILY RENTAL aa. Peri aaitted Uses Townhouses. condominiurns, and triplex structures including both ownership and rental ii. Recreational activities and facilities: including but not limited to. playgrounds and equipment, tennis courts. basketball courts. outdoor swimming pools, restrooms and trails. Child care facilities iv. Home occupations v. Utility services v1. Residential sales and management offices for on site development. h. Setback.s: Front yard: Side yard: Rear yard: 25 feet 20 feet 20 feet c Maximum building height: 40 feet cerise R ANCH a:ompr'laent-ave lthait amendment ylaauaieat u1111 development and skerelt plan 57 C e r g s c F3 !A N d. Parking: I space per 600 sq. IPI. of floor area; or 1 space per dwelling unit which ever is greater Minimum Lur ,arca: 12.000 square feet I. Maximum Lot. Coverage: 50% of lot site by buildings or a total of 75%C, by all other impervious materials; g Maximum Floor Area Ratio: 100'4 of lot site defined to include all space between exterior walls excluding true basements and garages comprehensive plan amendment planned unfit development and sketch plan 1 sketch plan proposed dwelling unit summary agricultural open space (91 acres) limited open space (123 acres) recreational open space (4 acres) public institution (20 acres) residential single family i4 , • r rt. ion (34 acres) residential single family ,,..ert„,, (19 acres) residential two family (2 acres) residential multi family (12 acres) residential multi family rental (8 acres) lab_ CERISE RANCH comprehensive plan amendment planned unit development sketch plan July 23, 1998 200 400800 1200 48 units 38 units 14 units 186 units 100 units tiw 1-Aripstudif, 12! eirmu toad. mar 2043 ha,313 ,o3or,wk, Pi I (,21, plmosc klo Q) 1-640 1•43I7iI 327.32.3 cam north , - - _ _ • ' 0 Y S2 14=1- r- -f!1 - --" planned unit development proposed land use designations agricultural open space limited open space recreational open space public institution residential single family residential single family residential two family residential multi family residential multi family (91 acres) (123 acres) (4 acres) (20 acres) 1 4 ft tot-- (34 acres) (19 acres) (2 acres) (12 acres) rental (8 acres) •11...P11•11. imm.•=1 Mr.m1 phasing concept CERISE RANCH comprehensive plan amendment planned unit development sketch plan July 23, 1998 0 200 400 800 1200 48 units 38 units 14 units 186 units 100 units ..••• mmftwes .a•••• d•••= MEM 11" I 4.,AN Riffidit) Aiile 21414 t,44.di 10,-4,16* A1621 phoux- 4.0(I) 'n-r•comv ,4„, •ow 4:01 north 1 S. lif(111WAJ ' • ',Ps) + 411 0 / ED - 1- 1 1 110 1 1 1 1 1 1 1 1 1 1 I § § 1 1 1 1 1 10. \pp ntlix Pik (30 A Legal Descriptions 13. Declaration Creating Covenants. Conditions and Restrictions C. Cerise Ranch W ildlife/Vegetation Report D. Geotechnical Report E. Traffic lnipact Analysis l=. Mid Valley Metro District Service Letter G. [utility Company Service Letters 11. Property Owners within 300 beet 1. Weiland investigation J. Drainage Basin Analysis cerise RANCH comprehensive plan amendment planned unit development and sketch laklu • • cerise R ANCH Legal Description comprehensive a pian amendment planned unit development and sketch plan Atter -Mountain • Engineering Ltd. LEGAL DESCRIPTION CERISE RANCH A parcel of land located in a portion of Government Lots 1, 3, I4 and 15 of Section 33, and in a portion of Government Lots 2, 7, 8, 20, and 21 of Section 32, and the SW 1/4 SE '/a of Section 29, al in Township 7 South, Range 87 West, 6'h Principal Meridian, Garfield County, Colorado and in the SW 1/4 NW 1/4 NE' 14 of Section 33, Township 7 South, Range 87 West, 6th Principal Meridian. Garfield and Eagle County, Colorado. and being more particularly described as follows:: The True Point of Beginning being the northwest corner of said Section 33; thence 5. 89° 14'35" E., along the north line of said Section 33 a distance of 1371.19 feet to a point; said point being the west 1/16 corner of Section 28, said Township and Range, and of said Section 33; thence S. 89°14'54" E., continuing along the north line of said Section 33 a distance of 1371.88 feet to a point; said point being the north'/ corner ofsaid Section 33; thence S. 01°40'33" W., along the north -south centerline of said Section 33 a distance of 664.14 feet to a point; said point being the northwest corner of the SW 1/4 NW % NE 1/4 ofsaid Section 33; thence S. 89°14'55" E., along the north line of said SW 1/4 NW '/4 NE 1/4 a distance of 686.80 feet to a point; said point being the northeast corner of said SW 1/4 NW '/4 NE '/4; thence S. 01°40'52" W., along the east line of said SW '/a NW '14 NE '14 a distance of 663.00 feet to a point; said point being the southeast corner of said SW '/4 NW 1/4 NE '/4; thence N. 89°20'38" W., along the south line of said SW 1/4 NW 1/4 NE 1/4 a distance of 686.76 feet to a point; said point being the southwest corner of SW 1/4 NW 1/4 NE 1/4; thence N. 89°20'16" W., a distance of 739.11 feet to a point; thence. S. 02°39'57" W., a distance of 1147.79 feet to a point; said point being on the north right of way line of U.S. Highway 82 and on a curve to the left having a radius of 2964.79 feet; thence 383.72 feet along said curve and the north right-of-way Iine of U.S. Highway 82 through a central angle of 7°24'56", having a cord bearing and distance ofN. 75°42'50" W., 383, 45 feet to a point; thence. N. 80"48'50" W., along the north right-of-way line of U.S. Highway 82 a distance of 213.65 feet to a point; thence N. 81°31'13" W., along the north right-of-way line of U.S. Highway 82 a distance of 2415.28 Feet to a point of curvature of a curve to the right having a radius of 11,359.16 feet; thence 512.48 feet along said curve and the north right-of-way line of U.S. Highway 82 through a central angle of 2°35'06", having a chord bearing and distance of N. 80°13'40" W., 512.44 feet to a point; thence N. 79°35'30" W., along the north right-of-way Iine of U.S. Highway 82 a distance of 872.27' feet to a point; thence S. 79°15'50" W., along the north right-of-way line of U.S. Highway 82, a distance of 53.85 feet to a point; thence N. 78°56'10" W., along the north right-of-way line of U.S. Highway 82 a distance of295.38 feet to a point; thence N. 02°27' 10" E., along the east line of a parcel of land described in Book 637 at Page 200 a distance of 273.18 feet to a point; said point being the northeast corner of said parcel of land; thence N. 78°56'08" W., along the north tine of said parcel a distance of 550.72 feet to a point; said point being the northwest corner of said parcel; thence 8392 Continental Divide Road, Suite #107 • Littleton, CO 60127 • Phone: 303/948-6220 • Fax: 303/948-6526 77 Metcalf Road, #200 • Box 978 * Avon, Colorado 81620 • Phone: 303/949-5072 • From Denver Direct: 893-1531 • S. 02°27'10" W., along the west line of said parcel a distance of 273.18 feet to a point; said point being on the north right-of-way line of U.S. Highway 82; thence N, 78°56'10" W., along the north right-of-way line of U.S. Highway 82 a distance of 65.35 feet to a point; said point being on the west line of said Government Lot 7; thence N. 03°07'11" E., along the west line of said Lot 7 a distance of 1061.81 feet to a point; said point being the northwest corner of said Lot 7; thence S. 81°17'42" E., along the north line of said Lot 7 a distance of 652.09 feet to a point; said point being on the north -south centerline of said Section 32; thence N. 01°41'13" E., along said north -south centerline of said Section 32 a distance of 693.38 feet to a point; said point being the 1/4 corner common to said Sections 29 and 32; thence N. 03'14'16" E., along the north -south centerline of said Section 29 also being the west line of said SW '/d SE '% of said Section 29 a distance of 1368.86 feet to a point; said point being the south -center 1/16 corner of said Section 29; thence S. 89°17'20" E., along the north line of said SW'/4 SE 1/4 a distance of 1359.72 feet to a point; said point being the southeast 1/6 of said Section 29; thence S. 04°42'48" W., along the east line of said SW '/. SE'/ a distance of 1378.02 feet to a point; said point being the East 1/16 comer of said Section 29 and Section 32; thence S. 88°58'50" E., along the north line of said Section 32 a distance of 1323.90 feet to the True Point of Beginning. Said parcel of land contains 314.412 acres, more or less. • uane *- t.ifgeif,P4 ,.P c�i :c' 2662 7I-ynte�rj-Mo-talp•Vn iiidiel`in,gLtd PO Box 9 •• .• c, s. Ifs �e P.L„., Avon, CO 81626fa1E{"'' „ (970) 949-5072 97-0025 • Declaration Creating Covenants, Conditions and Restrictions cerise RANCH camprehenstve plan amendment planned unit development and sketch plan i DRAFT 7124/98 (Friday) 8:02PM MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THE CERISE RANCH HOMEOWNERS ASSOCIATION, INC. • • • MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THE CERISE RANCH HOMEOWNERS ASSOCIATION, INC.. TABLE OF CONTENTS ARTICLE 1 DEFINITIONS 1.1. "Act" , ... 1 1.2. "Agencies" 1 1 1.3. "Agricultural Open Space" 22 1.4. "Agricultural Use" .. 2 1.5. '"Allocated Interests" 1.6. "Architectural Review Committee" ...... • • • .. ... • ..... . 2 1.7. "Builder," 2 1.8. "Bylaws" 2 1.9. "Cerise Ranch" 2 1.10. "Declarant" 2 1.11. "Design Guidelines" 2 1.12. "Development Rights" 3 1.13. "Executive Board" 3 1.14. "Improvements" 3 1.15. "Limited Open Space" 33 1.16. "Master Association" ... 3 1.17. "Master Common Elements" 3 1.18. "Master Common Expense Liability"' 4 1.19. "'Master Common Expenses" 1.20. "Master Declaration" 4 1.21. "Master Recreational Improvements" 4 1.22. "Member" 4 1.23. "Owner" 4 1.24. "Period of Declarant Control" 4 1.25. "Person" 4 1.26. "Plat" 4 1.27. "Property" 4 1.28. "Public Institution" 5 1.29. "Real Estate" 5 1.30. "Recreational Use" 5 1.31. "Representative Subassociation Board" 5 (1) P:116011027MOC\Cerdse Ranch Hon= wazere Decs.wpd • 1.32. "Residential Unit" 5 1.33. "Residential Use" 5 1.34. "Rules and Regulations" 5 1.35. "Security Interest" 5 1.36. "Security Interest Bolder" 5 1.37. "Special Declarant Rights' 6 1.38. "Subassociation" 6 1.39. "Supplemental Declaration" 6 1.40. "Unit"' 6 1.41. "Units that May Be Created" 6 ARTICLE 2 SUBJECTION OF PROPERTY TO MASTER DECLARATION 2.1. Property Subject To Master Declaration .. 7 2.2. Additional. Area 7 2.3. Supplemental Declaration 7 ARTICLE 3 • MEMBERSHIP AND VOTING RIGHTS 3.1. Membership 7 3.2. One Class of Membership 8 ARTICLE 4 EXECUTIVE BOARD MEMBERS AND OFFICERS 4.1. Authority of Executive Board 8 4.2. Authority of Declarant; Termination of Period of Declarant Control 8 4.3. Election of Owners During Period of Declarant Control 8 4.4. Delivery of Documents by Declarant 9 4.5. Budget .... 10 ARTICLE 5 COVENANT AND MAINTENANCE ASSESSMENTS 5.1. Obligation for Assessments .. 10 5.2. Purpose of Assessments 11 P.tIrrOi'.O27'DOC\Cerise Ranch Homeowners' D cs.upd • 5.3. Security Deposit 11 - 5.4. Rate of Assessment 11 5.5. Date of Commencement of Annual Assessments 11 5.6. Special Assessments 12 5.7. Lien for Assessments 12 5.8. Priority of Master Association Lien 12 5.9. Receiver 13 5.10. Certificate of Status of Assessments 13 5.11. Effect of Non -Payment of Assessments; Remedies of the Master Association 14 5.12. Cumulative Remedies 14 5.13. Surplus Funds 14 5.14. Assessments for Misconduct 14 6.1. 6.2. 6.3. 6.4. 6.5. 6.6. 6.7. 6.8. 6.9. ARTICLE 6 ARCHITECTURAL REVIEW COMMITTEE Composition of Committee 14 Design Guidelines and Criteria 15 Review by Committee 15 Vote and Appeal 15 16 16 16 16 16 Exemption of Declarant Records Liability Variance Waiver ARTICLE 7 INSURANCE 7.1. Insurance 16 7.2. General Provisions of Insurance Policies 19 7.3. Deductibles 19 7.4. Payment of Insurance Proceeds 20 7.5. Master Association Insurance as Primary Coverage 20 7.6. Acceptable Insurance Companies 20 7.7. Insurance to be Maintained by Owner 20 7.8. Annual Review of Insurance Policies 21 7.9. Notice of Cancellation; Other Insurance 21 1601 \0271DOC \Cerise Ranch Homeowners' Dees.wpd ARTICLE 8 DAMAGE OR DESTRUCTION .1, Damage or Destruction 21 8.2. Use or Distribution of Insurance Proceeds 72 ARTICLE 9 EXTERIOR MAINTENANCE 9.1. General 22 9.2. Master Association's Right to Repair, Maintain, Restore and Demolish 23 9.3. Access Easements 23 9.4. Owner's Misconduct 24 9.5. Expenses for Property Subject to Development Rights 24 ARTICLE 10 RESTRICTIONS 10.1. General Plan 24 10.2. Restrictions Imposed 24 10.3. Destruction of Structures on Units ... 25 10.4. Agricultural Open Space. • 25 10.5. Limited Open Space. 25 10.6. Public Institutions. 25 10.7. Residential Use 25 10.8. Declarant" s Use 26 10.9. Animals and Household Pets 26 10.10. Temporary Structures; Unsightly Conditions 26 10.11. Miscellaneous Improvements ... 27 10.12. Vehicular Parking Storage and Repairs 27 10.13. Nuisances 28 10.14. Compliance; Hazardous Materials 29 10.15. Units Not to be Subdivided 29 10.16. No Hazardous Activities 29 10.17. No Annoying Light, Sounds or Odors 29 10.18. Restrictions on Trash and Materials 29 10.19. Minor Violations of Setback Restrictions 29 10.20. Rules and Regulations . 30 10.21. Units to be Maintained 30 (iv) P:1601W27\DOC\Ccrise Ranch Homeowners' tbecs.wpd • 10.22. Leases 30 10.23. Management Agreements and Other Contracts 30 10.24. Maintenance of Grade and Drainage 31 10.25. Use of Master Common Elements 31 10.26. Street Lighting 31 10.27. Dwelling Height 32 10.28. Multi -Family Residential Parking. 32 10.29. Building Location 32 10.30. Height Restrictions 32 ARTICLE 11 OTHER EASEMENTS 11.1. Easement for Encroachments 32 32 11.3. Easements Deemed Created 32 11.2. Easements for Drainage and Utilities ARTICLE 12 PROPERTY RIGHTS IN THE MASTER COMMON ELEMENTS 12.1. Owners' Easement 32 12.2. Extent of Owners' Easements 33 12.3. Delegation of Use 34 12.4. Payment of Taxes or Insurance by Security Interest Holders of First Security Interests 34 12.5. Conveyance or Encumbrance of Master Common Elements 34 ARTICLE 13 GENERAL PROVISIONS 13.1. Enforcement 35 13.2. Severability 35 13.3. Conflict of Provisions 35 13.4. Annexation 35 13.5. Duration, Revocation, and Amendment 36 13.6. Registration of Mailing Address 36 13.7. Description of Units 37 13.8. Termination and Merger of Common Interest Community 37 13.9. Transfer of Special Declarant Rights 39 13.10. Eminent Domain 39 (v) p:\1601\1)27lDOCICcrisc Ranch HomeownersDccs.wpd • 13.11. Master Association as Trustee . . . . . ................ • . . 40 13.12. Separate Titles and Taxation 40 (vi) P:\1601k027\DOCCerise Ranch HomeownersDecs.wp.c.1 MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THE CERISE RANCH HOMEOWNERS' ASSOCIATION, INC. This Master Declaration is made and entered into by WINTERGREEN HOMES LIMITED LIABILITY COMPANY, a Colorado limited Liability company ("Wintergreen Homes"). RECITALS A. Wintergreen Homes owns that certain real property in the County of Garfield, State of Colorado, commonly known as Cerise Ranch, described on Exhibit A attached hereto and incorporated herein by this reference (the "Property"). B. Wintergreen Homes desires to subject the Property to certain covenants, conditions, restrictions, easements, reservations, rights-of-way, obligations, liabilities and other charges, to: (i) protect the value and desirability of the Property; (ii) further a plan for the improvement, sale and ownership of the Property; (iii) accomplish the harmonious and attractive development of the Property; and (iv) promote and safeguard the health, comfort, safety, convenience and general welfare of the Declarant, in said Property, or any portion thereof. NOW THEREFORE, Wintergreen Homes hereby declares that the Property shall be held, sold, and conveyed subject to the following covenants, conditions, restrictions, easements, rights- of-way, obligations, liabilities, charges and other provisions set forth herein, which are for the purpose of protecting the value and desirability of, and which shall run with, the Property and be binding on all parties having any right, title, or interest in the Property or any part thereof, their heirs, personal representatives, successors, and assigns, and shall inure to the benefit of each owner thereof. ARTICLE 1 DEFINITIONS 1.1. "Act" means the Colorado Common Interest Ownership Act, C.R.S. §38-33.3-101, et sq., as amended. 1.2. "Agencies" means the Federal Housing Authority (FHA), Veterans Administration (VA), Government National Mortgage Association (GNMA), Federal National Mortgage Association (FNMA), Federal Home Loan Mortgage Corporation (FHLMC), or any other governmental or quasi -governmental agency or any other public, quasi -public or private entity which performs (or may in the future perforin) functions similar to those currently performed by any of such entities. P:116011O271DOC\Cerise Ranch Nvmcowners' Decs.wpd 1.3. "Agricultural Open Space" means any Master Common Element designated for Agricultural Use in any recorded subdivision map of Cerise Ranch or any applicable Supplemental Declaration, 1.4. "Agricultural Use" means use for farm, garden, orchard, ranch and customary accessory uses, together with any buildings for shelter and enclosure of persons, animals or property exclusively employed in connection with such uses. 1.5. "Allocated Interests" means the votes in the Master Association allocated to each Unit. The Allocated Interest of each Unit shall be equal to a fraction, the numerator of which is one (1) and the denominator of which is the total number of Units within Cerise Ranch from time to time. 1.6. "Architectural Review Committee" means the committee appointed by the Declarant or by the Master Association to review and approve or disapprove plans for Improvements, as more fully provided in this Master Declaration. 1.7. "Builder" means any Person who constructs a building or residential dwelling unit on any Unit solely for the purpose of selling such building or residential dwelling unit to another Person. 1.8. "Bylaws" means the Bylaws of the Master Association, and any other instruments, however denominated, which are adopted by the Master Association for the regulation and management of the Master Association, including any amendments to those instruments. 1.9. "Cerise Ranch" means a "common interest community" (as defined in the Act) consisting of the Real Estate described in and subject to this Master Declaration, as supplemented. and amended from time to time, with respect to which a Person, by virtue of such Person's ownership of a Unit, is obligated to pay for real estate taxes, insurance premiums, maintenance, or improvement of other Real Estate described in this Master Declaration. 1.10. "Declarant" means Wintergreen Homes and any other Person or group of Persons acting in concert who: (a) As part of a common promotional plan, offers to dispose of to a purchaser such Declarant's interest in a Unit not previously disposed of to a purchaser; or (b) Reserves or succeeds to any Special Declarant Right. 1.11. "'Design Guidelines" means any Association Document adopted and published by the Architectural Review Committee setting forth standards for Improvements to be constructed in Cerise Ranch and intended to maintain that community's quality and architectural harmony. 2 P:1160110271DOC\Cerise Ranch. Homeowners' Occs.sspd 4e, • • 1.12. "Development Rights" means any right or combination of rights reserved by a Declarant in this Master Declaration to add real estate to Cerise Ranch and to create Units or Master Common Elements in connection with the addition of such real estate. Any such Development Rights must be exercised, if at all, within twenty (20) years of the date of recordation of this Master Declaration. If a Declarant fails to exercise any Development Right within this time limit and in accordance with any conditions or fixed limitations described in the Master Declaration, or records an instrument surrendering a Development Right, that Development Right shall lapse unless the Master Association, upon the request of the Declarant or the owner of the Real Estate subject to development right, agrees to an extension of the time period for exercise of the Development Right or a reinstatement of the Development Right subject to whatever terms, conditions and limitations the Master Association may impose on the subsequent exercise of the Development Right. The extension or renewal of the Development Right and any terms, conditions and limitations shall be included in an amendment executed by the Declarant or the owner of the Real Estate subject to the Development Right and the Master Association. 1.13. "Executive Board" means the body. regardless of name, designated in this Master Declaration and the Bylaws to act on behalf of the Master Association. 1.14. "Improvements" means all exterior improvements, structures, and any appurtenances thereto or components thereof of every type or kind, and all landscaping features, including, but not limited to, buildings, outbuildings, swimming pools, tennis courts, patios, patio covers, awnings, solar collectors, painting or other finish materials on any visible structure, additions, walkways, sprinkler systems, garages, carports, driveways, fences, screening walls, retaining walls, stairs, decks, landscaping, hedges, windbreaks, plantings, trees, shrubs, flowers, vegetables, sod, gravel, bark, exterior light fixtures, poles, signs, exterior tanks, and exterior air conditioning, cooling, heating and water softening equipment. 1.15, "Limited Open Space" means any Master Common Element designated in any recorded subdivision map of Cerise Ranch or any applicable Supplemental Declaration, as being for recreational trail, utility service, or open space use, and not designated for Agricultural Use. 1.16. "Master Association" means The Cerise Ranch Homeowner's Association, Inc., a unit owners' association organized under Sections 38-33.3-301 and 38-33.3-220 of the Act. 1.17. "Master Common Elements" means any Real Estate or Improvements thereon (including any Master Recreational Improvements) owned or leased by the Master Association other than a Unit. At the time of recordation of the Master Declaration, the Master Common Elements owned by the Master Association are as shown on Exhibit 13 attached hereto. 1.18. "Master Common Expense Liability" means the liability for Master Common Expenses allocated to each Unit based on its Allocated Interest. P:116011pi71DOC\Cense Ranch Homeowners' Decs.wpd • • 1.19. "Master Common Expenses" means expenditures made or liabilities incurred by or on behalf of the Master Association, together with any allocations to reserves. 1.20. "Master Declaration" means this Master Declaration of Covenants, Conditions and Restrictions and any other recorded instruments, however denominated, that create this Common Interest Community, including any amendments to those instruments and also including, but not limited to, plats and maps. 1.21. "Master Recreational Improvements" means those Improvements located on a portion or portions of the Master Common Elements and designated in any subdivision map of Cerise Ranch or any relevant Supplemental Declaration as being dedicated to Recreational Use. 1.22. "Member" means each Owner; membership in the Master Association shall be appurtenant to, and may not be separated from, ownership of a Unit. 1.23. "Owner" means the record owner, whether one or more persons or entities, of fee simple title to any Unit, including the purchaser under an installment land sales contract. The Declarant is the owner of any Unit created by this Declaration until that Unit is conveyed to another Person who may or may not be a Declarant under this Article. A Security Interest Holder shall not be considered an Owner unless and until such Security Interest Holder acquires fee simple title pursuant to foreclosure or other proceedings. 1.24. "Period of Declarant Control" means a length of time expiring twenty (20) years after initial recording of this Master Declaration in the county in which Cerise Ranch is located; provided, that the Period of Declarant Control shall terminate no later than either sixty (60) days after conveyance of seventy-five percent (75 %) of the Units that May Be Created to Owners other than a Declarant, two (2) years after the last conveyance of a Unit by the Declarant in the ordinary course of business, or two (2) years after any right to add new Units to the Master Declaration was last exercised. Not later than the termination of any Period of Declarant Control, the Owners shall elect an Executive Board of at least three (3) members, at least a majority of whom must be Owners other than the Declarant or designated representatives of Owners other than the Declarant. The Executive Board shall elect the officers. The Executive Board members and officers shall take office upon election. 1.25. "Person" means a natural person, a corporation, a partnership, an association, a trust, or any other entity or any combination thereof. 1.26. "Plat" means that part of this Master Declaration that is a land survey plat as set forth in C.R.S. §38-51-106, depicts all or any portion of Cerise Ranch in two dimensions, is executed by a person that is authorized to execute a declaration relating to Cerise Ranch, and is recorded in the real estate records in every county in which any portion of Cerise Ranch is located. 1.27. "Property" means the aggregation of all of the Units subject to this Declaration. 4 P:\160110 71DOC\Cense Ranch Homeowners' Decs.w}d L28. "Public Institution" means any school, church, community building, day nursery, or utility services or improvements, the maintenance of which is assumed by an appropriate governmental agency, or a private agency other than the Master Association or any Subassociation. L29. "Real Estate" means any estate or interest in, over or under land, including structures, fixtures, and other improvements and interests that, by customs usage or law, pass with a conveyance of land though not described in the contract of sale or instrument of conveyance. "Real Estate" includes parcels with or without horizontal boundaries and spaces that may be filled with air or water. 1.30. "Recreational Use" means use for active and passive recreational activities, and any and all facilities associated therewith (e.g. tennis courts, swimming pools, and hiking or biking trails) 1.31. "Representative Subassociation Board" means the executive board of a Subassociation subject to the Master Association, elected by Owners pursuant to a Supplemental Declaration, and to which such Owners have delegated the power to vote proxies on behalf of such Owners, and to directly exercise certain voting rights under this Master Declaration. 1.32. "Residential Unit" means any Unit within Cerise Ranch designated for Residential Use in any recorded subdivision map of Cerise Ranch or any Supplemental Declaration covering that Unit. 1.33. "Residential Use" means use for dwelling purposes, including, without limitation single family homes, duplexes, and multi -family condominium and apartment rental development, but does not include spaces or Units primarily used for commercial income from, or service to, the public. 1.34. "Rules and Regulations" means any instruments, however denominated, which are adopted by the Master Association for the regulation and management of Cerise Ranch, including any amendment to those instruments. 1.35. "Security Interest" means an interest in real estate or personal property created by contract or conveyance that secures payment or performance of any obligation. The term includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in the Master Association, and any other consensual lien or title retention contract intended as security for an obligation. 1.36. "Security Interest Holder" means any Person named as a mortgagee or beneficiary, or in a similar capacity, under any Security Interest. 5 P.\160110271DOC?Ccrise Ranch Homeowners' Decs.wpd 1.37. "Special Declarant Rights" means rights reserved for the benefit of Declarant to perform the following acts: To complete Improvements indicated on plats and maps filed with the Master Declaration; to annex, subdivide and plat property; to exercise any Development Right; to maintain sales offices, construction office, management offices, signs advertising Cerise Ranch,. and models pursuant to C.R.S. §38-33.3-215; to use easements through the Master Common Elements for the purpose of making Improvements within Cerise Ranch or within real estate which may be added to Cerise Ranch; to appoint or remove any officer of the Master Association or any Executive Board member during any Period of Declarant Control; and to modify any Design Guidelines adopted pursuant to Section 6, below, during any period of Declarant Control. All of the Special Declarant Rights may be exercised by the Declarant with respect to any portion of the Real Estate or Improvements now or hereafter within Cerise Ranch. Declarant may exercise any or all of these Special Declarant Rights at any time and from time to time. Such rights shall terminate automatically on the earlier of the following events: (a) conveyance of the last Unit by Declarant to an Owner other than Declarant; or (b) twenty (20) years from the date of recordation of this Master Declaration, except with respect to the appointment of officers and directors, which shall be governed by Article 3, below. 1.38. "Subassociation"' means any unit owners' association organized under Section 38- 33.3-301 of the Act, pursuant to one or more Supplemental Declarations, the membership of which is composed of Owners of Units within all or part of the area covered by the Supplemental Declaration. 1.39. "Supplemental Declaration" means a written instrument creating a Subassociation, containing covenants, conditions, and restrictions (including, without limitation, plats and maps), which may recorded on any of the Units, and which is subject to this Master Declaration and delegates certain powers to the Master Association. 1.40. "Unit" means any separate numbered lot or parcel of real estate shown upon any recorded subdivision map of the real property described on the attached Exhibit A, any other real property as may hereafter be brought within the jurisdiction of the Master Association Declaration (with the exception of the Master Common Elements and any public streets), or any real property and Improvements defined as a specific type of Unit (e.g. condominium, townhome, duplex, triplex, or sixplex) in any Supplemental Declaration. 1.41. "Units that May Be Created" means 386 Units which shall be the maximum number of Units that may be subjected to the terms of this Master Declaration. 6 P: 160110271DOC\Crrisc Ranch FI, 1 c,wners' Pecs.wpd ARTICLE 2. SUBJECTION OF PROPERTY TO MASTER DECLARATION 2.1. Property Subject To Master Declaration. Declarant hereby declares that the Real Estate described on Exhibit A is made subject to this Master Declaration. Said Real Estate shall be developed for residential, recreational, agricultural, and public institutional use, as provided in this Master Declaration and in any Supplemental Declaration. 2.2. Additional Area. Declarant reserves the Development Right to, from time to time, add all or any portion of the real property described on Exhibit C attached hereto (the "Additional Area") to Cerise Ranch, and to create Units or Master Common Elements in connection with such addition. Such addition shall be at Declarant's sole option and discretion. In connection with any such exercise, Declarant shall prepare, execute, and record an amendment to this Declaration that: (a) assigns an identifying number to each new Unit created, and (b) describes any Master Common Elements created. Declarant shall also prepare and record any plats or maps of the Additional Area necessary to exercise the Development Right reserved in this Section 2.2. 2.3. Supplemental Declaration. Any part of the Property, may be made subject, in whole or in part, to a Supplemental Declaration upon the execution of such Supplemental Declaration by Declarant, and its recordation in the office of the Garfield County, Colorado Clerk and Recorder. A Supplemental Declaration may impose on the Units described therein additional covenants, conditions, restrictions, limitations, reservations, exceptions, equitable servitudes and other provisions than those set forth in this Master Declaration, taking into account the unique and particular aspects of the proposed development of the subject Units. A Supplemental Declaration may provide for a Subassociation of Owners within the property described in the Supplemental Declaration and for the right of the Subassociation to assess such Owners. Such assessments may include, without limitation, assessments for Improvements dedicated to the exclusive Recreational Use of Subassociation members. Any Supplemental Declaration, shall provide that the Units subject to such Supplemental Declaration are also be subject to the provisions of this Master Declaration, and that the Master Association may exercise all of the powers set forth in Section 38-33.3-302(1)(b) of the Act with respect to such Units, except to the extent that the Supplemental Declaration specifically states otherwise. Each Supplemental Declaration shall provide that the Master Association's Executive Board shall be elected after the Period of Declarant Control by vote of all Owners of Units subject to the Master Association; provided, however, that nothing shall preclude Owners who are members of a Subassociation from providing proxies to their Representative Subassociation Board to vote for members of the Master Association's Executive Board on such Owners' behalf. ARTICLE 3 MEMBERSHIP AND VOTING RIGHTS • 3. I. Membership. Each Owner of a Unit shall be a Member of the Master Association, 7 P:'.1601EO271DOC1Cerise Ranch Homeowners' Decs.wpd and the membership of the Master Association at all times shall consist exclusively of all Owners or, following termination of the existence of Cerise Ranch as a common interest community, of all former Owners entitled to distributions of proceeds under the Act or their heirs, personal representatives, successors or assigns. Membership shall be appurtenant to and may not be separated from ownership of any Unit. 3.2. One Class of Membership. The Master Association shall have one class of voting membership. Each Owner shall be entitled to one (1) vote for each Unit owned in accordance with the Allocated Interest attributable to such Unit, except that no votes allocated to a Unit owned by the Master Association may be cast. The total number of votes that may be cast in connection with any matter shall be equal to the total of all Units then existing within Cerise Ranch; provided, however, that the power to exercise such votes may be delegated to a Representative Subassociation Board, For the Period of Declarant Control, the Declarant or persons appointed by the Declarant may appoint and remove all officers and members of the Executive Board. The Declarant may voluntarily surrender the right to appoint and remove officers and members of the Executive Board before termination of the Period of Declarant Control; but, in that event, the Declarant may require, for the duration of the Period of Declarant Control, that specified actions of the Master Association or Executive Board, as described in a recorded instrument executed by the Declarant, be approved by the Declarant before they become effective. ARTICLE 4 EXECUTIVE BOARD MEMBERS AND OFFICERS 4.1. Authority of Executive Board. Except as provided in this Master Declaration, the Act, the Bylaws or any other provisions of this Master Declaration, the Executive Board may act in all instances on behalf of the Master Association. 4.2. Authority of Declarant; Termination of Period of Declarant Control. Except as otherwise provided in this Article 4, during the Period of Declarant Control, the Declarant or Persons appointed by the Declarant may appoint or remove all officers and directors of the Executive Board. Not later than the termination of the Period of Declarant Control, the Owners (acting individually or by proxy through a Representative Subassociation Board) shall elect an Executive Board of at least three members, at least a majority of whom must be Owners other than the Declarant or designated representatives of Owners other than the Declarant. The Executive Board shall elect the officers. The Executive Board members and officers shall take office upon election. 4.3. Election of Owners During Period of Declarant Control. No later than sixty (60) days after conveyance of twenty-five percent (25 %) of the Units that May Be Created to Owners other than Declarant, at least one (1) member and not less than twenty-five percent (25%) of the members of the Executive Board will be elected by Owners other than the Declarant. Not later than sixty (60) days after conveyance of fifty percent (50%) of the Units that May Be Created to 8 P:l160I 0271WOCC erise Rance Homeowners' I?rc • Owners other than Declarant, not less than thirty-three and one-third percent (33 1/3%) of the members of the Executive Board will be elected by Owners other than the Declarant. Elections may be made by Owners directly or by proxy given to a Representative Subassociation Board. 4.4. Delivery of Documents bb Declarant. Within sixty (60) days after the Owners other than the Declarant elect a majority of the members of the Executive Board, the Declarant shall deliver to the Master Association all property of the Unit Owners and of the Master Association held by or controlled by the Declarant, including, without limitation, the following items: (a) The original or a certified copy of the recorded Master Declaration, as amended, the Master Association's Articles of Incorporation, Bylaws, minute books, other books and records, and any Rules and Regulations which may have been promulgated; (b) An accounting for Master Association funds and financial statements from the date the Master Association received funds and ending on the date the Period of Declarant Control ends. The financial statements shall be audited by an independent certified public accountant and shall be accompanied by the accountant's letter expressing either the opinion that the financial statements present fairly the financial position of the Master Association in conformity with generally accepted accounting principles or a disclaimer of the accountant's ability to attest to the fairness of the presentation of the financial information in conformity with generally accepted accounting principles and the reasons therefor. The expense of the audit shall not be paid for or charged to the Master Association; (c) The Master Association funds or control thereof; (d) All of the Declarant's tangible personal property that is necessary for, and has been used exclusively in, the operation and enjoyment of the Master Common Elements (including, without limitation, any Recreational Improvements), and inventories of these properties; (e) A copy for the non-exclusive use by the Master Association of the plans and specifications used in the construction of Improvements in Cerise Ranch; (f) All insurance policies then in force in which the Owners, the Master Association, or its directors and officers are named as insured persons; (g) Any permits issued by governmental bodies applicable to Cerise Ranch and that are currently in force or which were issued within one (1) year prior to the date on which Owners other than the Declarant took control of the Master Association; (h) Written warranties of any contractor, subcontractors, suppliers and manufacturers that are still effective; 9 P:116O110271DOC\Cerise R.neh Homeowners' Dees.wpd (i) A roster of Owners and Security Interest Holders and their addresses and telephone numbers, if known, as shown on the Declarant's records; (j) Employment contracts in which the Master Association is a contracting party; and (k) Any service contract in which the Master Association is a contracting party or in which the Master Association or the Owners have any obligation or pay a fee to the persons performing the services. 4.5. Budget. Within thirty (30) days after adoption of any proposed budget for Cerise Ranch, the Executive Board shall mail, by ordinary first-class mail, or otherwise deliver a summary of the budget to all the Owners and shall set a date for a meeting of the Owners not subject to any Subassociation (the "Voting Owners") and the Representative Subassociation Boards to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after mailing or other delivery of the summary. Unless at that meeting the vote of eighty percent (80%) of the Allocated Interests rejects the budget, the budget is ratified, whether or not a quorum is present. If the proposed budget is rejected, the periodic budget last ratified by the Voting Owners and Representative Subassociation Boards shall be continued until the Voting Owners and Representative Subassociation Boards ratify a subsequent budget proposed by the Executive Board. ARTICLE 5 COVENANT AND MAINTENANCE ASSESSMENTS 5.1. Obligation for Assessments. Each Owner (excluding Declarant, which is obligated to pay assessments for all unsold Units in accordance with Section 5.4, below) by acceptance of a deed therefore whether or not it shall be so expressed in such deed, is liable for assessments made against such Owner's Unit during the period of ownership of such Unit and shall be personally obligated to pay to the Master Association: annual assessments or charges, special. assessments, and other charges, fines, fees, interest, late charges, and other amounts, all as provided in this Master Declaration, with such assessments and other amounts to be established and collected as hereinafter provided. Each Owner's obligation for such payments is an independent covenant with all amounts payable in full when due without notice or demand (except as otherwise expressly provided in this Master Declaration), and without set-off or deduction. All Owners of each Unit shall be jointly and severally liable to the Master Association for the payment of all assessments, fees, charges and other amounts attributable to their Unit. All reasonable attorney fees and other costs of collection shall also be the personal obligation of the Person who was the Owner of such Unit at the time when any overdue assessment became delinquent. The personal obligation for delinquent assessments shall not pass to such Owner's successors in title unless expressly assumed by them. The Master Association's lien on a Unit for assessment shall be superior to any homestead exemption now or hereafter provided by the laws of the State of Colorado or any exemption now or hereafter provided by the laws of the United States. The 10 P:\160114271DOC\Cerise Ranch Homeowners' D cs.wpd • acceptance of a deed to land subject to this Master Declaration shall constitute a waiver of the homestead and any other exemption as against said assessment lien. 5.2. Purpose of Assessments. The assessments levied by the Master Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Units (including, without limitation, maintenance of the Master Common Elements and any Master Recreational Improvements), and for all of those purposes and activities which may be required of the Master Association or which the Master Association may be empowered to pursue pursuant to this Master Declaration or the Articles of Incorporation or Bylaws of the Master Association, or by law; provided, however, that such assessment levied during the Period of Declarant Control may not be used for the purpose of constructing capital Improvements. 5.3. Security Deposit. Upon the purchase of a Unit by an Owner who is not Declarant and not a Builder, such Owner shall deposit with the Master Association the equivalent of two months' Master Common Expense assessments. The Master Association may commingle such deposits with its other funds and shall not be obligated to pay interest on such deposits. If such Owner fails to pay any Master Common. Expense assessment when due, the Master Association may, without notice or demand on such Owner, apply such Owner's deposit to the delinquent Master Common Expense assessment(s). If the Master Association so applies any portion of such • deposit, such Owner will restore the deposit to its original amount within five (5) days after written demand from the Master Association. If such Owner pays all Master Common Expense assessments when due, the Master Association will return the unused portion of the deposit to such Owner within sixty (60) days after such Owner sells its Unit. 5.4. Rate of Assessment. Annual and special assessments shall be sufficient to meet the expected needs of the Master Association and shall be apportioned among the Units in accordance with their Allocated Interests. The Master Common Expense assessments shall include an adequate reserve fund for the maintenance, repair and replacement of those items that trust be maintained, repaired or replaced on a periodic basis, and for the payment of insurance deductibles. All Master Common Expenses shall be assessed against all the Units in accordance with the Allocated Interests set forth in this Master Declaration, and the Declarant shall pay assessments for all unsold Units. If the Master Common Expense Liability is reallocated, Master Common Expense assessments and any installment thereof not yet due shall be recalculated in accordance with the reallocated Master Common Expense Liability. 5.5. Date of Commencement of Annual Assessments. Until the Master Association makes a Master Common Expense assessment, the Declarant shall pay all Master Common Expenses. After any assessment has been made by the Master Association, assessments shall be based on a budget adopted by the Master Association as provided in this Master Declaration, which shall be done no less frequently than annually. The annual assessments shall be due and payable in twelve (12) installments, in advance on the first day of each calendar month, or on such other dates, and with such frequency (which may be other than semiannually, but not less 11 P:1I60110211DOC'tCense Ranch Homeowners' Dces.wpd frequently than annually), as the Executive Board determines in its discretion from time to time, provided that the first annual assessment shall be adjusted to reflect the time remaining in the first Master Association fiscal year. Any Owner purchasing a Unit between installment due dates shall pay a pro rata share of the last payment due. 5.6. Special Assessments. In addition to the annual Master Common Expense assessments authorized in this Article, the Executive Board of the Master Association may at any time levy, in any fiscal year, a special assessment applicable to that year only, for construction, reconstruction, repair or replacement of a capital improvement upon any portion of real property for which the Master Association has repair or reconstruction obligations, including fixtures and personal property related thereto, or for repair or reconstruction of any damaged or destroyed Improvements located on said real property, or for the funding of any operating deficit incurred by the Master Association. Any such special assessment shall be set against each Unit in accordance with the Allocated Interests set forth in this Master Declaration. Notwithstanding the foregoing, special assessments levied during the Period of Declarant Control may not be used for the purpose of constructing capital Improvements. 5.7. Lien for Assessments. (a) The Master Association has a statutory lien on a Unit for any assessment levied against that Unit or fines imposed against its Owner. Fees, charges, late charges, attorney fees, costs of collection, fines and interest charged pursuant to this Master Declaration are enforceable as assessments under this Article. The amount of the lien shall include all those items set forth in this Article 5 from the time such items become due. If an assessment is payable in installments, each installment is a lien from the time it becomes due, including the due date set by any valid Master Association acceleration of installment obligations. (b) Recording of the Master Declaration constitutes record notice and perfection of the lien. No further recordation of any claim of lien for assessment under this Article is required. If a lien is filed, the costs and expenses of collection (including without limitation attorneys' fees) shall be added to the assessment for the Unit against which it is filed and collected as part and parcel thereof. The Master Association's lien may be foreclosed in like manner as a mortgage on real estate. (c) A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within six (6) years after such assessments become due. 5.8. Priority of Master Association Lien. a Unit except: (a) A lien under this Article 5 is prior to all other liens and encumbrances on. 12 P:4960110274DOClCcrise Ranch Homeowners' D cs.wpd (1) Liens and encumbrances recorded before the recordation of the Master Declaration; (2) A Security Interest on the Unit that has priority over all other Security Interests an the Unit and that was recorded before the date on which the assessment sought to be enforced became delinquent; and (3) Liens for real estate taxes and other governmental assessments or charges against the Unit. (b) A lien under this Section is also prior to the Security Interests described in the preceding subsection (a) to the extent of an amount equal to the Master Common Expense assessments based on a periodic budget adopted by the Master Association as provided in this Master Declaration, which would have become due, in the absence of any acceleration, during the six (6) months immediately preceding institution by either the Master Association or any party holding a lien senior to any part of the Master Association lien created under this Section of an action or a non judicial foreclosure either to enforce or extinguish the lien. (c) This Section 5.9 does not affect the priority of mechanics' or materialmen's liens or the priority of liens for other assessments made by the Master Association. A lien under this Article is not subject w the provisions of part 2 of Article 41 of Title 38, C.R.S., 411/ as amended, or to the provisions of Section 15-11-201, C.R.S. 1973, as amended. 5.9. Receiver. In any action by the Master Association to collect assessments or to foreclose a lien for unpaid assessments, the court may appoint a receiver of the Owner to collect all sums alleged to be due from the Owner prior to or during the pending of the action. The court may order the receiver to pay any sums held by the receiver to the Master Association during the pending of the action to the extent of the Master Association's Master Common Expense assessments. 5.10. Certificate of Status of Assessments. The Master Association shall furnish to an Owner or Security Interest Holder, or the designee of either, upon written request delivered personally or by certified mail, first class postage prepaid, return receipt requested, to the Master Association's registered agent, a written statement setting forth the amount of unpaid assessments currently levied against such Owner's Unit. Any such request shall set forth the requesting party's name and address. The statement shall be furnished within fourteen (14) calendar days after receipt of the request, shall be sent to the name and address set forth in the request, and is binding on the Master Association, the Executive Board, and every Owner. If no statement is furnished to the Owner or Security Interest Holder or their designee, delivered personally or by certified mail, first class postage prepaid, return receipt requested, to the requesting party, then the Master Association shall have no right to assert a lien upon the Unit for unpaid assessments which were due as of the date of the request. 13 P:1160110271DOC+Ccnse Ranch homeowners' Decs.wpd • 5.11. Effect of Non -Payment of Assessments; Remedies of the Master Association. Any assessment not paid within ten (10) days after the due date thereof shall bear interest from the due date at the rate of twenty-one percent (21 %) per annum, or at such Lesser rate as may be set from time to time by the Executive Board, and the Executive Board may assess thereon a late charge not to exceed Four Dollars ($4.00) per month. The Master Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against such Owner's Unit, or both. The Master Association may also take a deed in lieu of foreclosure. If a judgment or decree is obtained, including without limitation, in a foreclosure action, such judgment or decree shall include interest on the assessment and a reasonable attorney fee to be fixed by the court, together with the costs of the action, and may include interest and late charges. No Owner may be exempt from liability for payment of any assessment by waiver of the use or enjoyment of any of the Master Common Elements or by abandonment of the Unit against which the assessments are made. 5.12. Cumulative Remedies. If any Owner fails to pay any assessments when due, the Master Association shall be entitled to all of the rights and remedies provided in this Master Declaration or at law or in equity. Each remedy provided in this Master Declaration is distinct and cumulative to all other rights or remedies under this Master Declaration or afforded by law or equity, and may be exercised concurrently, independently, or successively, in any order whatsoever. 5.13, Surplus Funds. Any surplus funds of the Master Association, including, but not limited to, working capital funds remaining after payment of or provision for Master Common Expenses and any prepayment of or provision for Master Common Expenses and any prepayment of or provision for reserves shall be retained by the Master Association as unallocated reserves and need not be credited to the Owner in proportion to their Master Common Expense Liability or credited to them to reduce their future Master Association assessments. 5.14. Assessments for Misconduct. If any Master Common Expense is caused by the misconduct of any Owner, the Master Association may assess that Master Common Expense exclusively against such Owner and its Unit. ARTICLE 6 ARCHITECTURAL REVIEW COMMITTEE 6.1. Composition of Committee, There is hereby established an Architectural Review Committee, which shall be responsible for the review and approval or disapproval of plans for Improvements within Cerise Ranch. The Architectural Review Committee shall consist of three (3) or more persons appointed by the Executive Board; provided, however, that until all of the Units that May Be Created have been conveyed by Declarant to the first Owner thereof (other than Declarant or a Builder), Declarant shall appoint the Architectural Review Committee. Two members of the Architectural Review Committee may jointly designate a representative to act for 14 F.5160154271DO0Cerise Ranch Homeowners' Decs.wpd them. The power to "appoint," as provided herein, shall include without limitation the power to: constitute the initial membership of the Architectural Review Committee; appoint member(s) to the Architectural Review Committee on the occurrence of any vacancy therein, for whatever reason; and remove any member of the Architectural Review Committee, with or without cause, at any time, and appoint the successor thereof. Each such appointment may be made for such term(s) of office, subject to the aforesaid power of removal, as may be set from time to time in the discretion of the Declarant. 6.2. Design Guidelines and Criteria. The Architectural Review Committee may adopt, establish and publish, from time to time, Design Guidelines providing for the development of Cerise Ranch as an integrated complex. All Design Guidelines shall be consistent with this Declaration, and shall more specifically define design and construction standards for Cerise Ranch. The Architectural Review Committee may from time to time modify or amend any Design Guidelines. Within twenty (20) days of request by any Owner or prospective Owner, the Architectural Review Committee shall provide the requesting party with a copy of the most current version of any then existing Design Guidelines. 6.3. Review by Committee. No Improvements shall be constructed, erected, placed, planted, applied or installed upon any Unit unless complete plans and specifications therefor have been first submitted to and approved in writing by the Architectural Review Committee. Said plans and specifications shall show exterior design, height, materials, color, and location of the 1110 Improvements, plotted horizontally and vertically, location and size of driveways, location, size and type of landscaping, fencing, walls, windbreaks and grading plan, as well as such other materials and information as may be required and specified in any established Design Guidelines. The Architectural Review Committee shall exercise its reasonable judgment to the end that all Improvements conform to and harmonize with the existing surroundings, residences, landscaping and structures. Each applicant shall pay the Architectural Review Committee $250.00 for each application, at the time such applicant's application is submitted, for the expenses incurred in the review and approval process. Such amount is in addition to the Master Common Expense assessment against the Unit for which the request for Architectural Review Committee approval was made, and shall be subject to the Master Association's lien for assessments and subject to all other rights of the Master Association for the collection of such assessments, as more fully provided in this Master Declaration. 6.4. Vote and Appeal. A majority vote of the Architectural Review Committee is required to approve a request for approval pursuant to this Article, unless the Architectural Review Committee has appointed a representative to act for it, in which case the decision of such representative shall control. If a representative acting on behalf of the Architectural Review Committee approves or denies a request for architectural approval, the Owner whose application has been approved or denied shall have the right to an appeal of such decision to the full Committee, upon a request therefore submitted to the Architectural Review Committee within thirty (30) days after such approval or denial by the Architectural Review Committee's representative. If an application for architectural approval is approved or denied by the 15 11601••0271D0C\Cerisc Ranch Hnrneowners' Decs.wpd Architectural Review Cotiunittee, ww'h Cher pursuant to an original request for approval or on appeal from a decision of a representative of the Architectural Review Committee, any Owner shall have the right to appeal such decision to the Executive Board, if a written request for a hearing on an appeal of the same shall be submitted to the Executive Board within thirty (30) days after such approval or denial by the Architectural Review Committee. 6.5. ,Exemption of Dccjara.ni. The Declarant shall be exempt from seeking or obtaining Architectural Review Committee approval during Declarant"s development of, construction on, or sales of any Unit or buildings on any Unit, until all of the Units that May Be Created have been conveyed by Declarant. 6.6. Reap ds. The Architectural Review Committee shall maintain written records of all applications submitted to it and all actions taken by it thereon, and such records shall be available to Members for inspection at reasonable hours of the business day. 6.7. Liabi itv. The Architectural Review Committee and the members thereof, as well as any representative of the Architectural Review Cote. iittee appointed to act on its behalf, shall not be liable in damages to any person submitting request; for approval or to any Owner by reason of any action, failure to act, approval, disapproval, or fai ure to approve or disapprove in regard to any matter within its jurisdiction hereunder. 6.8. Variance.. The Architectural Review C :~±:rnittee may gram reasonable variances or adjustments from any conditions and restrictions imposed by this Article or Article 10 hereof, in order to overcome practical difficulties or prevent unnecessary hardships arising by reason of the application of any such conditions and restrictions. Such variances or adjustments shall be granted only in case the granting thereof shall not be materially detrimental or injurious to the other property or improvements in the neighborhood and shall not work against the general intent and purpose hereof. 6.9, Waiver. The approval or consent of the Architectural Review Committee, any representative thereof, or the Executive Board, to any application for architectural approval shall not be deemed to constitute a waiver of any right to withhold or deny approval or consent by the Architectural Review Committee, any representative thereof, or the Executive Board, as to any application or other matters whatsoever as to which approval or consent may subsequently or additionally be required. ARTICLE 7 INSURANCE 7.1. lnsuxanctti. The cost of Insurance coverage maintained under this Section 7.1, shall be paid by the Master Association as Master Common Expenses and, notwithstanding any of the 16 Y'I160V,027lDQC,Cariro Ranch Homeowricre Duca wpd • specific insurance requirements specified below, the Master Association may consider, in determining the types and amount of insurance it needs to obtain, the then -existing requirements of any of the Agencies with respect to their insurance, guaranty, or purchase of Security Interests. The Declarant and (commencing no later than the time of the first conveyance of a Unit to a Person other than Declarant) the Master Association, shall maintain the following types of • insurance in connection with the Master Common Elements, to the extent that such insurance is reasonably available, considering its cost and risk coverage: • • (a) A policy of property insurance covering all parcels of Real Estate and all Improvements that the Master Association has the duty to repair or reconstruct, including, without limitation, the Master Common Elements and property that must become Master Common Elements, except for land, foundation, excavation and other matters normally excluded from coverage, for broad form covered causes of loss in an amount not less than full insurable replacement cost of the insured property less applicable deductibles at the time the insurance is purchased and at each renewal date and not Less than necessary to comply with any coinsurance percentage stipulated in the insurance policy. Further, said policy shall include an "Inflation Guard Endorsement" and an "Agreed Amount Endorsement" The Master Association may also purchase any or all of the following: A "Demolition Endorsement," an "Increased Cost of Construction Endorsement," a "Contingent Liability from Operation of Building Laws Endorsement," a "Vacancy Permit Endorsement" or the equivalent, and coverage on personal property owned by the Master Association including fixtures and building service equipment, furnishings and supplies. The insurance maintained by the Master Association pursuant to this subsection shall afford protection against at least such other risks as are customarily covered with respect to projects similar in construction, location and use, including all loss or damage caused by fire or other perils normally covered by the standard extended coverage and "all risk" endorsements, where such are available. (b) A comprehensive policy of commercial general public liability insurance in connection with the ownership, existence, use or management of the Master Common Elements and covering all parcels of Real Estate and all Improvements that the Master Association has the obligation to maintain, repair, or reconstruct, insuring the Master Association in an amount not less than One Million Dollars ($1,000,000.00) covering bodily injury, including death to persons, personal injury and property damage liability arising out of a single occurrence. Such coverage shall include, without limitation legal liability of the insureds: (a) for property damage, bodily injuries and deaths of persons in connection with the operation, maintenance or use of all parcels of Real Estate for which the Master Association has the obligation to maintain, repair, or reconstruct; (b) arising out of lawsuits related to employment contracts of the Master Association; and (c) arising from the use of non -owned and hired automobiles, Such coverage may also include, if applicable, comprehensive automobile liability insurance, garage keeper's liability, liability for property of others, host liquor liability, water damage liability, contract dual liability, workmen's compensation insurance for employees of the Master Association, and such other risks as are customarily required by private institutional mortgage investors with respect to projects similar in construction, location and use. Such insurance shall insure the Executive Board, Master 17 P:116OI10271DOC1Ccrz5e Ranch Homeowners' Dees, wpd Association, any managing agent, and their respective employees, agents and all Persons acting as agents. The Declarant shall be included as an additional insured in such Declarant's capacity as an Owner and member of the Executive Board. The Owners shall also be included as additional insureds but only for claims and liabilities arising in connection with the ownership, existence, use or management of the Master Common Elements or other property insured by the Master Association from time to time. The insurance shall cover claims of one or more insured parties against other insured parties. (c) A policy providing comprehensive fidelity coverage or fidelity bonds to protect against dishonest acts on the part of officers, directors, Owners, trustees and employees of the Master Association, or any independent contractor employed by the Master Association for the purpose of managing Cerise Ranch, in an amount at least equal to the estimated maximum of funds, including maintenance reserves, in the custody of the Master Association at any given time; provided, however, that such fidelity coverage or fidelity bonds shall not be in an amount less than two (2) months aggregate assessments on the Units, plus such reserve funds as calculated from the current budget of the Master Association. The Master Association may carry fidelity insurance in amounts greater than required herein and may require any independent contractor employed for the purposes of managing Cerise Ranch to carry more fidelity insurance coverage than required herein. Such fidelity coverage or bonds shall meet the following requirements: (1) all such fidelity coverage or bonds shall name the Master Association as an obligee; (2) such fidelity coverage or bonds shall contain waivers of any defense based upon the exclusion of persons who serve without compensation from any definition of "employee" or similar expression. if the Master Association has delegated some or all of its responsibility for the handling of funds to a managing agent, the Master Association may require the managing agent to purchase, at its own expense, a policy of fidelity insurance or bonds which fully complies with the provisions of this subparagraph (c). (d) If any portion of the Master Common Elements or any parcels of other real property which the Master Association has an obligation to repair or reconstruct are located within an area identified by the Federal Emergency Management Agency as having special flood hazards, and flood insurance coverage on such parcels has been made available under the National Flood Insurance Program, then such a policy of flood insurance on such parcels is to be purchased in an amount at least equal to the lesser of: (1) the maximum coverage available under the National Flood Insurance Program for all buildings and other insurance property located within a designated flood hazard area; or 18 P:'.l6OI110271DOC,Cense Ranch Homrouners' Dres.wpd (2) one hundred percent (19O%) of current replacement cost of all buildings and other insurable property located within a designated flood hazard area. (e) At the Master Association's option, insurance against such other risks of a similar or dissimilar nature as it deems appropriate, to the extent that such coverage is reasonably available, including, but not limited to, personal liability insurance to protect directors and officers of the Master Association and the members of the Architectural Review Committee and the Executive Board from personal liability in relation to their duties and responsibilities in acting as directors and officers on behalf of the Master Association. 7.2. General Provisions of Insurance Policies. All policies of insurance carried by the Master Association shall be carried in blanket policy form naming the Master Association as insured, or its designee as trustee and attorney-in-fact for all Owners, and each Owner shall be an insured person under such policies with respect to liability arising out of any Owner's interest in the Master Common Elements or membership in the Master Association. The policy or policies shall contain a standard non-contributory Security Interest Holder's clause in favor of each Security Interest Holder and a provision that it cannot be canceled, materially altered or not renewed until thirty (30) days' prior written notice thereof is given to the insured and each Owner and each Security Interest Holder, insurer or guarantor of a Security Interest. The Master Association shall furnish a certified copy or duplicate original of such policy or renewal thereof, with proof of premium payment and a certificate identifying the interest of the Owner in question, • to any party in interest, including Security Interest Holders, upon written request. All policies of insurance carried by the Master Association shall also contain waivers of subrogation by the insured against any Owner or member of its household. All policies shall contain waivers of any defense based on invalidity arising from any acts or neglect of an Owner where such Owner is not under the control of the Master Association. No act or omission by any Owner, unless acting within the scope of such Owner's authority on behalf of the Master Association, will void any policy or be a condition to recovery under the policy. 7.3. Deductibles. (a) The Master Association may adopt and establish written non-discriminatory policies and procedures relating to the submittal of claims, responsibility for deductibles, and any other matters of claims adjustments. No policy of insurance of which the Master Association or its designee is the beneficiary shall include a deductible clause in an amount which is greater than the lesser of One Thousand Dollars ($1,000.00) or one percent (1%) of the face amount of the policy. (b) Any loss to any Unit, to the Master Common Elements or to any other parcels of real property for which the Master Association has the duty to maintain, repair, or reconstruct, which falls within the deductible portion of such policy, shall be borne by the person or entity who is responsible for the repair and maintenance of the property which is damaged or destroyed. In the event of a joint duty of repair and maintenance of the damaged or destroyed 19 P:116011027\DOC'.Cense Ranch Homeowners' Dccs,wns property, then the deductible may be apportioned among the parties sharing in such joint duty or may be partly or wholly borne by the Master Association, at the election of the Executive Board. Notwithstanding the foregoing, after notice and hearing, the Master Association may determine that a loss, either in the form of a deductible to be paid by the Master Association or an uninsured loss, resulted from the act or negligence of an Owner. Upon said determination by the Master Association, any such loss or portion thereof may be assessed to the Owner in question and the Master Association may collect the amount from said Owner in the same manner as any assessment. 7.4. Payment of Insurance Proceeds. Any loss covered by an insurance policy described in Section 7.1 must be adjusted with the Master Association, but the insurance proceeds for that loss shall be payable to any insurance trustee designated for that purpose, or otherwise to the Master Association, and not to any holder of a Security Interest. The insurance trustee or the Master Association shall hold any insurance proceeds in trust for the Master Association, Owner and holders of Security Interests as their interests may appear. Subject to the provisions of Section 8.1, the proceeds must be disbursed first for the repair or restoration of the damaged property; and the Master Association, Owners and holders of Security Interests are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the Property has been completely repaired or restored or Cerise Ranch is terminated. 7.5. Master Association Insurance as Primary Coverage. Ifat the time of any loss under any policy which is in the name of the Master Association, there is other insurance in the name of any Owner and such Owner's policy covers the same property or loss, or any portion thereof, which is covered by such Master Association policy, such Master Association policy shall be primary insurance not contributing with any of such other insurance. An Owner shall be liable to the Master Association for the amount of any diminution of insurance proceeds to the Master Association as a result of policies of insurance of an Owner, and the Master Association may collect the amount from said Owner in the same manner as any assessment. 7.6. Acceptable Insurance Camnanies. Each hazard insurance policy purchased by the Master Association must be written -by a hazard insurance carrier which has a current rating by Best's Insurance Reports of BIVI or better, or a financial rating of Class V provided it has a general policy holder's rating of at least A, and is authorized by law to do business in the State of Colorado. The Master Association shall not obtain any policy where (a) under the terms of the insurance company's charter, by laws, or policy, contributions or assessments may be made against the mortgagor or mortgagee's designee, or (b) under the terms of the carrier's charter, bylaws, or policy, loss payments are contingent upon action by the carrier's Board of Directors,. policy holders or members, or (c) the policy includes any limiting clauses (other than insurance conditions) which could prevent mortgagees or any Owner from collecting insurance proceeds. 7.7. Insurance to be Maintained by Owner. Unless otherwise expressly provided in this Master Declaration, an insurance policy issued to the Master Association does not obviate the need for an Owner to obtain insurance for their own benefit. Insurance coverage on all Improvements 20 1:% 1601\027NDOCCense Ranch }fomeawncrs' Decs.wp[3 located on Units as well as on all the furnishings and other items of personal property belonging to an Owner, and public liability insurance coverage on.each Unit, including those portions of any Unit to be maintained by the Master Association, shall be the responsibility of the Owner of such Unit. Each Owner shall also be responsible for obtaining any policies of title insurance required in connection with any sale of a Unit other than the purchase by the initial Owner from the Declarant. 7.8. Annual Review of insurance Policies. All insurance policies carried by the Master Association shall be reviewed at least annually by the Executive Board to ascertain that the coverage provided by such policies adequately covers those risks insured by the Master Association. Prior to obtaining any policy of fire insurance or renewal thereof, the Executive Board or the managing agent of the Master Association may obtain a written appraisal from a duly qualified real estate or insurance appraiser, or other person knowledgeable as to replacement costs, which appraiser shall reasonably estimate the full replacement value of the Improvements to the insured for the purpose ofdeterrnining the amount of insurance required pursuant to the provisions of this Article. Any Security Interest Holder shall be furnished with a copy of such appraisal upon request. 7.9. Notice of Cancellation; Other Insurance. If the insurance described in Section 7.1 is not reasonably available, or if any policy of such insurance is canceled or not renewed without a replacement policy therefor having been obtained, the Master Association promptly shall cause notice of that fact to be hand delivered, or sent prepaid by United States mail, to all Owners. The Master Association in any event may carry any other insurance it considers appropriate, including insurance on Units it is not obligated to insure to protect the Master Association or the Owners. ARTICLE 8 DAMAGE OR DESTRUCTION 8.1. Damage or Destruction. (a) Any portion of Cerise Ranch for which insurance is required under this Master Declaration which is damaged or destroyed must be repaired or replaced promptly by the Master Association unless: (1) The existence of Cerise Ranch as a common interest community is terminated; (2) Repair or replacement would be illegal under any state or local statute or ordinance governing health or safety; (3) Eighty percent (80%) of the Owners, including every Owner of a Unit that will not be rebuilt, vote not to rebuild; or 21 P.. 160i''U271DOOCerise Ranch Homeowners' Deo .w S (4) Prior to the conveyance of any Unit to a Person other than the Declarant, the Security Interest Holder of a deed of trust or mortgage on the damaged portion of Cerise Ranch rightfully demands all or a substantial part of the insurance proceeds. (b) The cost of repair or replacement in excess of insurance proceeds and reserves is a Master Common Expense. If the entire Common Interest Community is not repaired or replaced, the insurance proceeds attributable to the damaged Master Common Elements must be used to restore the damaged area to a condition compatible with the remainder of Cerise Ranch, and except to the extent that other Persons will be distributees, the insurance proceeds attributable to Units that are not rebuilt must be distributed to the Owners of those Units or to lienholders, as their interests may appear, and the remainder of the proceeds must be distributed to all the Owners or lienholders, as their interests may appear, in proportion to the Master Common Expense Liability of all the Units. If the Owners vote not to rebuild any Unit, that Unit's Allocated Interests are automatically reallocated upon the vote as if the Unit had been condemned as provided in Section 13.10, and the Master Association promptly shall prepare, execute and record an amendment to this Master Declaration reflecting such reallocations. 8.2. Use or Distribution of Insurance Proceeds. In the event of damage or destruction to all or a portion of the real property for which the Master Association has maintenance, repair, or reconstruction obligations due to fire or other adversity or disaster, the insurance proceeds, if sufficient to reconstruct or repair the damage, shall be applied by the Master Association to such reconstruction and repair. If the insurance proceeds with respect to such damage or destruction are insufficient to repair and reconstruct the damaged or destroyed area, the Master Association shall levy a special assessment in the aggregate amount of such insufficiency pursuant to Section 5.7, and shall proceed to snake such repairs or reconstruction. No distributions of insurance proceeds shall be made unless made jointly payable to the Owners and any Security Interest Holders of their respective Units. The assessment provided for herein shall be a debt of each Owner and a lien on its Unit and the Improvements thereon, and may be enforced and collected in the same manner as any assessment provided for in this Master Declaration. ARTICLE 9 EXTERIOR MAINTENANCE 9.1. General. (a) The Master Association is responsible for maintenance, repair and replacement of the Master Common Elements; any improvements located on the Master Common Elements; and any Master Recreational Improvements; all as set forth on the Plat. The Master Association may also be responsible for maintenance of Public Institutions, if the Plat so stipulates. Notwithstanding the foregoing, maintenance, repair or replacement of roadway improvements, any drainage structure or facilities, Public Institutions, or other public improvements required by the local governmental entity as a condition of development of Cerise Ranch or any part thereof, shall 22 P:11GOl\O27\D0CICcrise Ranch Homeowners' D cs.wpd • only be the responsibility of the Master Association if such Improvements have not been dedicated to and accepted by the local governmental entity or applicable institutional authority for the purpose of maintenance, repair or replacement or if such maintenance, repair or replacement has not been authorized by law to be performed by a special district or other municipal or quasi- municipal entity. (b) The maintenance, repair and replacement of each Unit, including, but not limited to, the interior and exterior of any structure, residence, or other Improvements constructed thereon, shall be the responsibility of the Owner thereof. The Master Association and each Owner, and their agents and contractors, are hereby granted an easement for the purpose of maintenance and repair of the Owner's Unit on, over, across, under and through any adjacent Unit upon reasonable notice to the Owner thereof. Any damage occurring to such adjacent Unit or the Improvements thereon in performing such repairs or maintenance shall be the responsibility of the party performing or authorizing such repairs or maintenance. 9.2. Master Association's Riaht to Repair. Maintain, Restore and Demolish. If any Owner fails to perform its maintenance, repair, or reconstruction obligations in a manner satisfactory to the Executive Board, the Master Association may, if said failure continues for a thirty (30) day period after written notice to said Owner by the Board, enter upon said Unit subsequent to the expiration of said thirty (30) day time period to perform any or all of such maintenance, repair or restoration or, pursuant to Section 10.3, to demolish a structure. The cost of such maintenance, repair, reconstruction, or demolition shall be the personal obligation of the Owner of the Unit on which such work is performed, and shall be subject to all of the terms and provisions applicable to "assessments" as provided in Article 5 hereof, including, without limitation, interest, late charges, costs of collection, and lien rights. 9.3. Access Easements. Each Owner shall afford to the Master Association and the other Owners, and to their agents or employees, access through such Owner's Unit reasonably necessary for maintenance, repair and replacement of any Master Common Elements and any other property or Improvements maintained, repaired or replaced by the Master Association. If damage is inflicted, or a strong likelihood exists that it will be inflicted, on the Master Common Elements, any other property, or any Unit through which access is taken, the Owner responsible for the damage (or the Master Association if it is responsible), is liable for the expense to avoid such damage or the cost of prompt repair. Further, each Unit shall be subject to an easement in favor of the Master Association (including its agents, employees and contractors) for performing maintenance, repair, or reconstruction as provided in this Article during reasonable hours after reasonable notice to the Owner or occupants of any affected Unit, except that in emergency situations entry upon a Unit may be made at any time provided that the Owner or occupants of each affected Unit shall be warned of impending emergency entry as early as is reasonably possible. The interior of any building located on a Unit shall not be subject to such easements as provided for in this Section 9.3. 23 P,116011O2.71DOC'.Cense Ranch Hoizieawners' Dees.wpJ 9.4. Owner's Misconduct. Notwithstanding anything to the contrary contained in this Master Declaration, if the need for maintenance, repair or reconstruction of or within a Unit, any Improvements Located thereon, the Master Common Elements, or any right-of-way that the Master Association has an obligation to maintain, repair or reconstruct, is caused by the misconduct of any Owner, or by the misconduct of any member of such Owner's family or by a guest or invitee of such Owner, the cost of such repair, maintenance, reconstruction or expense to avoid such damage shall be the personal obligation of such Owner to the extent that said Owner would be liable for the acts of such Persons under the laws of the State of Colorado; and any costs, expenses and fees incurred by the Master Association for such maintenance, repair or reconstruction shall be added to the assessment to which such Owner's Unit is subject and shall be subject to all of the terms and provisions of Article 5 of this Master Declaration. A determination of the misconduct of any Owner, or any member of an Owner's family or a guest or invitee of any Owner, and the amount of the Owner's liability therefor shall be determined by the Master Association at a hearing after notice to the Owner, provided that any such determination which assigns liability to any Owner pursuant to the terms of this Section may be appealed by said Owner to a court of law. 9.5. Expenses for Propertv Subject to Development Rights. In addition to the liability that a Declarant as an Owner has under the Act, the Declarant alone is liable for all expenses in connection with the Real Estate subject to Development Rights until expiration of all Development Rights with respect to such Real Estate. No other Owner and no other portion of Cerise Ranch is subject to a claim for payment of those expenses. All property not otherwise specified as a Master Common Element remains the property of the Declarant. Any income or proceeds from Real Estate subject to Development Rights inures to the Declarant. If the Declarant fails to pay all expenses in connection with Real Estate within. Cerise Ranch subject to Development Rights, the Master Association may pay such expenses, and such expenses shall be assessed as a Master Common Expense against the Real Estate subject to Development Rights, and the Master Association may enforce the assessment by treating such Real Estate as if it were a Unit. If the Master Association acquires title to the Real Estate subject to the Development Rights through foreclosure or otherwise, the Development Rights shall not be extinguished thereby, and, thereafter, the Master Association may succeed to any special Declarant rights specified in a written instrument prepared, executed and recorded by the Master Association. Upon expiration of the Development Rights, if the Real Estate subject to these rights has not become Units, it shall become a part of the Master Common Elements. ARTICLE 10 RESTRICTIONS 10.1. General Plan. It is the intention of the Declarant to establish and impose a general plan for the improvement, development, use and occupancy of the Units, all in order to enhance the value, desirability, and attractiveness of the Units and serve and promote the sale thereof. 10.2. Restrictions Imposed. This Common Interest Community is subject to the recorded easements, licenses and other matters listed on Exhibit D, attached hereto and incorporated herein 24 P:' 1601+.027'+DOC '.Cense Ranch Homeowners' Dees.u7x: • by this reference. In addition, the Declarant declares that all of the Units shall be held and shall henceforth be sold, conveyed, used, improved, occupied, owned, resided upon and hypothecated, subject to the following provisions, conditions, limitations, restrictions, agreements and covenants, as well as those contained elsewhere in this Master Declaration. 10.3. Destruction of Structures on Units. If due to casualty or for any other reason a residence, building, or other structure located on a Unit is destroyed or so damaged that it is no longer habitable, then the Owner of such Unit shall, within a reasonable time not to exceed one hundred and twenty (120) days after the event resulting in such damage or destruction, either commence and diligently pursue repair or reconstruction of the residence or other structure, or demolish the same. Demolition of a residence or other structure shall include removal of any foundation slab, basement walls and floors, regrading the Unit to a level condition and the installation of such landscaping as may be required by the Architectural Review Committee pursuant to a plan submitted to the Architectural Review Committee by the Owner of said Unit. If the Owner of a Unit does not either commence repair, reconstruction or demolition activities within a reasonable time as provided hereinabove and diligently pursue the same in conformance with plans approved by the Architectural Review Committee, then the Master Association may, in its reasonable discretion, after providing the notice required in Section 9.2, enter upon the Unit for the purpose of demolishing the residence or other structure and landscape the Unit in conformance with approved plans. The cost related to such demolition and landscaping shall be the personal obligation of the Owner of the Unit on which such work is performed and shall be subject to all of the terms and provisions applicable to assessments as provided in. Article 5 hereof, including, without limitation, interest, late charges, costs of collection and lien rights. 10.4. Agricultural Open Space. Agricultural Open Space shall be for Agricultural Use only. All building Improvements permitted by such use shall: (a) be located within a two (2) acre building envelope, as defined by the Plat or by any applicable Supplemental Declaration; and (b) not exceed twenty-five (25) feet in height. No more than twenty-five percent (25 %) of any Agricultural Open Space shall be covered by building Improvements. 10,5. Lunited Open Space. Limited Open Space shall be used only for recreational trails, and organized or unorganized recreational activities (including, without limitation, soccer, football, parks, baseball, trails, and picnic areas), or for utility services. 10.6. Public Institutions. Areas may be designated on the Plat for the construction of Public Institutions. The maximum building height for any Public Institution shall be thirty-five (35) feet, with a maximum floor area ratio of forty-five percent (45%), and each such structure shall cover no more than thirty-five percent (35 %) of the area designated for its use pursuant to the Plat. Public Institutions shall also maintain at least one (1) parking space for each two hundred (200) square feet of floor area. 10.7. Residential Use. Residential Units shall be for Residential Use only, including uses 4111/ which are customarily incident thereto, and shall not be used at any time for business, commercial 25 P:\ 6O!\O271D©C\Ccnsc Ranch Homeowners' Dccs.wpd or professional purposes; provided, however, that an Owner may use its Unit for professional or home occupation(s) so long as the applicable zoning permits such use, there is no external evidence thereof (such as signage), and no unreasonable inconvenience (such as excessive traffic) to other residents of the Units is created thereby. 10.8. Declarant's Use. Notwithstanding anything to the contrary contained in this Master Declaration, it shall be expressly permissible and proper for Declarant, its employees, agents, and contractors to perform such reasonable activities, and to maintain upon portions of the Units and the Master Common Elements such facilities as Declarant deems reasonably necessary or incidental to the construction and sale of Units, and development and construction of Improvements, specifically including, without limiting the generality of the foregoing, locating, maintaining and relocating management offices, signs, model units and sales offices, in such numbers, of such sizes, and at such locations as it determines in its reasonable discretion. Notwithstanding the foregoing, Declarant shall not perform any activity or maintain any facility on any portion of the Units in such a way as to unreasonably interfere with or disturb any Owner, or to unreasonably interfere with the use, enjoyment or access of such Owner, its family members, guests or invitees of and to its Unit and to a public right-of-way. 10.9. Animals and Household Pets. No animals, livestock, birds, poultry, reptiles or insects of any kind shall be raised, bred, kept or boarded in or on the Units; provided, however, that the Owner of each Residential Unit may keep a reasonable number of dogs, cats, or other domestic animals which are bona fide household pets, so long as such pets are not kept for any commercial purpose and are not kept in such number or in such manner as to create a nuisance to any resident of the Residential Units. The Master Association shall have, and is hereby given, the right and authority to determine in its sole discretion that dogs, cats or other household pets are being kept for commercial purposes or are being kept in such number or in such manner as to be unreasonable or to create a nuisance, or that an Owner of a Residential Unit is otherwise in violation of the provisions of this Section 10.7, and to take such action or actions as it deems appropriate to correct the same. An Owner's right to keep household pets shall be coupled with the responsibility to pay for any damage caused by such pets, as well as any costs incurred by the Master Association as a result of such pets, and any such costs and damages shall be subject to all of the Master Association's rights with respect to the collection and enforcement of assessments as provided in Article 5 hereof. 10.10. Temporary Structures; Unsightly Conditions. Except as hereinafter provided, no structure of a temporary character, including but not limited to, a house trailer, tent, shack, storage shed, or outbuilding shall be placed or erected upon any Unit; provided, however, that during the actual construction, alteration, repair or remodeling of a structure or other Improvements, reasonably necessary or desirable temporary structures (including but not limited to sanitary facilities) relating to such construction may be erected and maintained by the person doing such work. The work of constructing, altering or remodeling any structure or other Improvements shall be prosecuted diligently from the commencement thereof until the completion thereof. Further, no unsightly conditions, structures, facilities, equipment or objects shall be 26 P.1.1601\027\DOClCerise Ranch Homeowners' Decs.upr! located on any Unit so as to be visible from a street or from any other Unit. 10.11. Miscellaneous Improvements . (a) No advertising or signs of any character shall be erected, placed, permitted, or maintained on any Unit other than, in the case of a Residential Unit, a name plate of the occupant and a street number. Notwithstanding the foregoing, reasonable signs, advertising, or billboards used by the Declarant in connection with the sale or rental of the Units, or otherwise in connection with the sale or rental of the Units, or otherwise in connection with development of or construction on the Units, shall be permissible, provided that such use shall not interfere with the Owners' use and enjoyment of their Units or with their ingress or egress from a public way to their Units. (b) No clotheslines, chain -linked (or other) dog runs, drying yards, service yards, wood piles or storage areas shall be located an any Unit unless approved by the Architectural Review Committee. No wood piles nor any other materials or any Improvements shall be located on any Unit so as to be adjacent to any fence maintained by the Master Association. (c) No types of refrigerating, cooling or heating apparatus shall be permitted on a roof and no such apparatus shall be permitted elsewhere on a Unit, except when appropriately screened and approved by the Architectural Review Committee. (d) Except as may otherwise be permitted by the Architectural Review Committee, no exterior radio antenna, television antenna, or other antenna, satellite dish, or audio or visual reception device of any type shall be placed, erected or maintained on the roof of any Unit, except inside a residence or structure, or otherwise concealed from view; provided, however, that any such devices may be erected or installed by the Declarant during its sales or construction upon the Units. Satellite dishes, not exceeding three feet in height may be installed on any Unit. (e) No wind generators of any kind shall be constructed, installed, erected or maintained on the Units, (f) Any exterior lighting installed or maintained on the Units shall either be indirect or of such controlled focus and intensity so as not to disturb the residents of adjacent or nearby property. 10.12. Vehicular Parking Storage and Repairs. (a) No house trailer, camping trailer, boat trailer, hauling trailer, boat, or accessories thereto, truck (larger than 3/4 ton), self-contained motorized recreational vehicle, or other type of recreational vehicle or equipment, may be parked or stored on the Units unless such 27 P:1601\027EDtC',Cerise Ranch Homeowners' Dec. pd • parking or storage is within the garage area of any Unit such that such vehicle will not be visible from the ground level of any adjacent Unit or from the street, except that: (i) any such vehicle may be otherwise parked as a temporary expedient for loading, delivery or emergency; (ii) any such vehicle may be parked in designated areas of multi -family Residential Use Units; and (ii) any such vehicle may be temporarily parked in any designated parking or loading area ofa Public Institution by a user of such institution or for the purpose of deliveries to such institution. The restrictions of this Section 10.10(a), shall not restrict trucks or other commercial vehicles which are necessary for construction or for the maintenance of the Units or any Improvements located thereon. (b) No abandoned or inoperable automobiles or vehicles of any kind shall be stored or parked on any Unit. An "abandoned or inoperable vehicle" means any automobile, truck, motorcycle, or other similar vehicle, which has not been driven under its own propulsion for a period of seventy-two (72) hours or longer, or which does not have an operable propulsion system installed therein; provided, however, that otherwise permitted vehicles parked by Owners of Residential Units while on vacation (for a maximum of two (2) weeks) or during a period of illness shall not be deemed to be abandoned. (c) If the Master Association determines that a vehicle is parked or stored on any Unit in violation of subsections (a) or (b) of this Section 10.9, then a written notice describing said vehicle shall be personally delivered to the owner thereof (if such owner can be reasonably ascertained) or shall be conspicuously placed upon the vehicle (if the owner thereof cannot be reasonably ascertained), and if the vehicle is not removed within a reasonable time thereafter, as determined by the Master Association in its discretion from time to time, the Master Association shall have the right to remove the vehicle at the sole expense of the owner thereof. (d) No activity such as, but not limited to, maintenance, repair, rebuilding, dismantling, repainting or servicing of any kind of vehicles, trailers or boats, may be performed or conducted on any Unit unless it is done within completely enclosed structure(s) which screen the sight and sound of the activity from the street and from adjoining property. The foregoing restriction shall not be deemed to prevent washing and polishing of any motor vehicle, boat, trailer, motor -driven cycle, or other vehicle on a Residential Unit, together with those activities normally incident and necessary to such washing and polishing. 10.13. Nuisances. No nuisance shall be permitted on any Unit nor any use, activity or practice which is a source of annoyance or embarrassment to, or which offends or disturbs the Owner of any Unit or which interferes with the peaceful enjoyment or possession and proper use of any Unit, or any portion thereof by its Owner. As used herein, the term "nuisance" shall not include any activities of Declarant which are reasonably necessary to the development and construction of, and sales activities on, the Units; provided, however, that such activities of the Declarant shall not unreasonably interfere with any Owner's use and enjoyment of its Unit, or with any Owner's ingress and egress to or from its Unit and a public way. No noxious or offensive activity shall be conducted upon any Unit nor shall anything be done or placed on any Unit which is or may become a nuisance or cause embarrassment, disturbance or annoyance to others. 28 P.t16011027100C'+Cerise Ranch Homeowners' 17ces.wpd rt Further, no immoral, improper, offensive or unlawful use shall be permitted or made of any Unit or any portion thereof. 10.14. Compliance; Hazardous Materials. All laws, ordinances and regulations of all governmental bodies having jurisdiction over the Units, or any portion thereof, (including but not limited to laws, ordinances and regulations relating to environmental protection, hazardous wastes, hazardous substances, or toxic substances) shall be observed. No Person shall generate, use, store or release any substance considered hazardous or toxic by any applicable law, ordinance or regulation on any Unit, the Master Common Elements or any property for which the Master Association is responsible. 101 15. Units Not to be Subdivided, No Unit shall be subdivided. Not less than one entire Unit shall be used as a building site. 10.16. No Hazardous Activities. No activities shall be conducted on any Unit or within Improvements constructed on any Unit which are or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms shall be discharged upon any Unit and no open fires shall be lighted or permitted on any Unit except in a contained barbecue unit while attended and in use for cooking purposes or within an interior fireplace, or except such campfires or picnic fires on property which may be designated for such use by the Master Association. 10.17. No Annoyinz Light. Sounds or Odors. No light shall be emitted from any Unit which is unreasonably bright or causes unreasonable glare; no sound shall be emitted from any Unit which is unreasonably loud or annoying; and no odor shall be permitted from any Unit which is noxious or offensive to others. 10.18. Restrictions on Trash and Materials. No refuse, garbage, trash, lumber, grass, shrubs or tree clippings, plant waste, metal, bulk materials, scrap or debris of any kind shall be kept, stored, or allowed to accumulate on any Unit unless placed in a suitable container with attached lid, or in a dumpster located in a screened, designated garbage area solely for the purpose of garbage pickup or composting. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. No garbage or trash cans or receptacles shall be maintained in an exposed or unsightly manner. 10.19. Minor Violations of Setback Restrictions, If upon the erection of any structure, it is disclosed by survey that a minor violation or infringement of setback lines has occurred, such violation or infringement shall be deemed waived by the Owners of each Unit immediately adjoining the structure which is in violation of the setback, and such waiver shall be binding upon all other Owners. However, nothing contained in this Section 10.19 shall prevent the prosecution of a suit for any other violation of the restrictions, covenants, or other provisions contained in this Master Declaration or applicable municipal codes, This provision shall apply only to the original 29 P:1I60110271BOC\Ce rise Ranch Homeowners' Decs.wpd structures and shall not be applicable to Lay alterations or repairs to, or replacements of, any of such structures. 10.20. lielaseneaundatitara. Rules and regulations concerning and governing the Units and Cerise Ranch may be adopted, amended or repealed from time to time by the Executive Board, and the Executive Board may establish and enforce penalties for the infraction thereof, including, without limitation, the levying and collecting of fines for the violation of any of such rules and regulations.. 10.21. Units to ai�t flint. Each Unit shall at all times be kept in a clean, sightly and wholesome condition by the Owner of the Unit. No trash, litter, junk, boxes, containers, bottles, cans, implements or machinery shall be permitted to remain upon any Unit except as necessary during any period of construction as provided for herein, 10.22. Leases. The term "lease," as used herein, means any agreement for the leasing or rental of a Unit and specifically includes, without limitation, month-to-month rentals and Subleases. Any Owner shall have the right to lease its Unit, or any portion thereof, under the following conditions: (a) All leases shall be in writing, and a copy of the lease delivered to the Executive Board or the Mater Association's managing agent, if any; provided, however, that in the case of a multi -family, residential facility specifically constructed for rental use, such leases need not be delivered to the Master Association. (b) All leases shall provide that the terms of the lease and lessee's occupancy of the leased premises shall be subject in all respects to the provisions of this Master Declaration, and the Articles of Incorporation, Bylaws and Rules and Regulations of the Master Association; and that any failure of the lessee to comply with any of the aforesaid documents, in any respect, shall be a default under the lease, (c) No lease shall be for less than thirty (30) days. 10.23. Management Augments and Other Contracts. Any agreement for professional management of the Master Association's business or other contract providing for the services of the Declarant shall have a maximum term of three (3) years and any such agreement shall provide for termination by either party thereto, with or without cause and without payment of a termination. fee, upon not more than nirety (90) days' prior written notice; provided, however, that any such management agreement(s) entered into by the Master Association with a manager or managing agent prior to termination of the Period of Declarant Control shall be subject to review and approval by applicable governmental Agencies, if at the time such agreement is entered into, such Agencies have guarantees or insurance on one or more Security Interests, and shall terminate absolutely, in any event, no later than thirty (30) days after termination of the Period of Declarant Control, 30 P:\1601'O2nDOC CMRe Ranch Hunenwneri` Dec,.wod 10.24. Maintenance of Grade and Drainage. Each Owner shall maintain the grading upon its Unit, and the Master Association shall maintain the grading upon such real property which the Master Association has a duty to maintain, at the slope and pitch fixed by the final grading thereof, including landscaping and maintenance of the slopes. Each Owner and the Master Association agree, for themselves and their successors and assigns, that they will not in any way interfere with the established drainage pattern over any real property which they have a duty to maintain, from adjoining or other real property. If it is necessary or desirable to change the established drainage over any Unit or other real property which an Owner or the Master Association has a duty to maintain, then the party responsible for the maintenance of such real property shall submit a plan to the Architectural Review Committee for its review and approval, in accordance with the provisions of Article 6 of this Master Declaration. For purposes of this Section 10.24, "established drainage" means the drainage which exists at the time final grading of a Unit is completed. 10.25. Use of Master Common Elements. An easement is hereby granted to the Declarant through the Master Common Elements as may be reasonably necessary for the purpose of discharging any of Declarant's obligations or exercising any Special Declarant Rights. Subject to the immediately preceding sentence: (a) No use shall be made of the Master Common Elements which will in any manner violate the statutes, rules, or regulations of any governmental authority having jurisdiction over the Master Common Elements. (b) No Owner shall engage in any activity which will temporarily or permanently deny free access to any part of the Master Common Elements to all Members, nor shall any Owner place any structure whatsoever upon the Master Common Elements. (c) The use of the Master Common Elements shall be subject to such rules and regulations as may be adopted from time to time by the Executive Board. (d) No use shall ever be made of the Master Common Elements which will deny ingress and egress to those Owners having access to their Units only over Master Common Elements, and the right of ingress and egress to said Units is hereby expressly granted. 10.26. Street Lighting. The Units shall be subject to and bound by Public Service Company tariffs which are now and may in the future be filed with the Public Utilities Commission of the State of Colorado relating to street lighting together with rates, rules and regulations therein provided and subject to all future amendments and changes thereto. The then Owner of each Unit shall be billed a portion of the costs of public street Iighting for the Units according to Public Service Company rates, rules and regulations, including future amendments and changes, on file with the Public Utilities Commission of the State of Colorado. 31 P:'•1601\O21\DOC lCcrise Ranch Homeowners' Decs.wpd • 10.27. Dwelling Height. No residence shall bepermitted on a Residential Unit subject to this Master Declaration unless it is in conformity with the following maximum permitted dwelling heights: (a) for single family and duplex dwellings, twenty-five (25) feet; (b) for multi -family dwellings, forty (40) feet. 10,28. Multi -Family Residential Parking. Multi -family lots shall contain one (1) parking space for each 600 square feet of floor area, or one space for each dwelling unit, whichever is larger. 10.29. Building Location. No Improvement shall be located on any Unit nearer to the front, side or rear lot lines than the minimum building setback lines shown on the Plat or as provided by applicable law, whichever is greater. 10.30. Height Restrictions. No Improvement shall exceed the heights permitted by this Declaration, or applicable ordinances, rules or regulations, whichever is less. ARTICLE 11. OTHER EASEMENTS 11.1. Easement for Encroachments. To the extent that any Unit or Master Common Element encroaches on any other Unit or Master Common Element, a valid easement for the encroachment exists. The easement does not relieve an Owner of liability in case of willful misconduct nor relieve a Declarant or any other Person of liability for failure to adhere to the Plat. 11.2. Easements for Drainage and Utilities. Easements for the installation and maintenance of utilities, drainage facilities, fencing, public or private improvements and access thereto are reserved as shown on the recorded Plats affecting the Units and any amendments to such Plats or as established by any other instrument of record. 11.3. Easements Deemed Created. All conveyances of any Unit hereafter made, whether by the Declarant or otherwise, shall be construed to grant and reserve the easements contained in this Article 11 even though no specific reference to such easements or to this Article 11 appears in the instrument of such conveyance. ARTICLE 12 PROPERTY RIGHTS IN THE MASTER COMMON ELEMENTS 12.1. Owners' Easement. Subject to the provisions of Section 12.2, every Owner shall have a non-exclusive right and easement for the purpose of access to their Units and for use for all other purposes in accordance with this Master Declaration, in and to the Master Common Elements, and such easement shall be appurtenant to and shall pass with the title to every Unit. 32 P:116O110271DOC\Cerise Ranch Homeowners` Decs.wpd 12.2. Extent of Owners' Easements. The rights and easements created hereby shall be subject to the following: (a) The right of the Master Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the Master Common Elements and to encumber the Master Common Elements as security for any such loan; provided, however, that the Master Association may not subject any portion of the Master Common Elements to a Security Interest unless such is approved by members casting at least eighty percent (80%) of the votes in the Master Association, including eighty percent (80%) of the votes allocated to Units not owned by the Declarant or a builder; and (b) The right of the Master Association to take such steps as are reasonably necessary to protect the Master Common Elements against foreclosure; and (c) The right of the Master Association to promulgate and publish rules and regulations with which each Member shall strictly comply, including, but not limited to, the right of the Master Association to regulate or restrict vehicular parking and Improvements; and (d) The right of the Master Association, as provided in its Articles and Bylaws, to suspend the voting rights of a Member for any period during which any assessment against its Unit remains unpaid and, for a period not to exceed sixty (60) days, for any infraction of the Bylaws or its Rules and Regulations; and (e) The right of the Master Association to dedicate or transfer all or any part of the Master Common Elements owned by the Master Association to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members, provided that no such dedication or transfer shall be effective unless first approved by the Members entitled to cast at least eighty percent (80%) of the votes in the Master Association, including eighty percent (80%) of the votes allocated to Units not owned by the Declarant or a Builder, and unless written notice of the proposed agreement and the proposed dedication or transfer is sent to every member at least thirty (30) days in advance of any action taken. Notwithstanding the foregoing, the granting of permits, licenses and easements or right of way deeds for public utilities, roads or for other purposes reasonably necessary or useful for the proper maintenance or operation of the Property shall not be deemed a transfer within the meaning of this subsection (e); and (f) The right of the Master Association, through its Executive Board, to enter into, make, perform or enforce any contracts, leases, agreements, licenses, easements and rights-- of-way, for the use of real property or Improvements by Owners, other persons, their family members, guests and invites, for any purpose(s) the Board deems to be useful, beneficial or otherwise appropriate; and 33 P:116O110271DOC1Cense Ranch H, mcowncrs` Decs.4Wpd • (g) The right of the Master Association to close or limit the use of the Master Common Elements while maintaining, repairing and making replacements in the Master Common Elements. 12.3. Delegation of Use. Any Owner may delegate its rights of use of and access over the Master Common Elements to its agents or employees, customers, tenants, family members (in the case of a Residential Unit), or contract purchasers. 12.4. Payment of Taxes or Insurance by Security Interest Holders of First Security Interests, Security Interest Holders shall have the right, jointly or severally, to pay taxes or other charges or assessments which are in default and which may or have become a lien against the Master Common Elements and may pay overdue premiums on hazard insurance policies or secure new hazard insurance coverage on the lapse of a policy for the Master Common Elements, and any Security interest Holders making any such payments shall be owed immediate reimbursement therefor from the Master Association, 12.5. Conveyance or Encumbrance of Master Common Elements. (a) The Master Association may convey or subject to a Security Interest the Master Common Elements or the Master Association's right to receive Master Common Expenses only if Persons entitled to cast at least eighty percent (80%) of the votes in the Master Association, including eighty percent (80%) of the votes allocated to Units not owned by a Declarant, agree to that action. The Master Association has all powers necessary and appropriate to effect the conveyance or encumbrance, including the power to execute deeds or other instruments. (b) An agreement to convey Master Common Elements or the Master Association's right to receive Master Common Expenses or subject them to a Security Interest must be evidenced by the execution of an agreement, or ratification thereof, in the same manner as a deed, by the requisite number of Owners. The agreement must specify a date after which the agreement will be void unless recorded before that date. The agreement and all ratifications thereof must be recorded in every county in which a portion of Cerise Ranch is situated and is effective only upon recordation. (c) Unless in compliance with this Section 12.5, any purported conveyance, encumbrance, judicial sale or other transfer of Master Common Elements or the Master Association's right to receive Master Common Expenses is void. (d) A conveyance or encumbrance of Master Common Elements pursuant to this Section 12.5 shall not deprive any Unit of its rights of ingress and egress to the Unit and support of the Unit. 34 P:116O1'O27lm0C\Cedsc Ranch Homeowners' Dccs.wpd • (e) A conveyance or encumbrance of Master Common Elements or the Master Association's right to receive Master Common Expenses pursuant to this Section 12.5 does not affect the priority or validity of preexisting encumbrances. ARTICLE 13 GENERAL PROVISIONS 13.1. Enforcement. Enforcement of covenants, conditions, restrictions, casements, reservations, rights-of-way, liens, charges and other provisions contained in this Master Declaration, the Articles of Incorporation, Bylaws or Rules and Regulations of the Master Association, as amended, may be by any proceeding at law or in equity against any Person violating or attempting to violate any such provision. The Master Association and any aggrieved Owner shall have the right to institute, maintain and prosecute any such proceedings, and the Master Association shall further have the right to levy and collect fines for the violation of any provision of any of the aforesaid documents. For each claim, including, but not limited to, counterclaims, cross-claims and third -party claims, in any legal proceeding to enforce the provisions of the Act or of the Master Declaration, Bylaws, Articles or Rules and Regulations, the court shall award to the party prevailing on such claim the prevailing party's reasonable collection costs and attorney fees and costs incurred in asserting or defending the claim. Failure by the Master Association or any Owner to enforce any covenant, restriction or other provision herein contained, or any other provision of any of the aforesaid documents, shall in no event be deemed a waiver of the right to do so thereafter. If any Person subject to the provisions of the Act fails to comply with any of its provisions or any provision of the Master Declaration, Bylaws, Articles or Rules and Regulations, any Person or class of Persons adversely affected by the failure to comply may require reimbursement for collection costs and reasonable attorney fees and costs incurred as a result of such failure to comply, without the necessity of commencing a legal proceeding. 13.2. Severability. All provisions of the Master Declaration, the Articles of Incorporation and Bylaws of the Master Association are severable. Invalidation of any of the provisions of any such documents, by judgment, court order or otherwise, shall in no way affect or limit any other provisions which shall remain in full force and effect. 13.3. Conflict of Provisions. Except to the extent that any provision of the Master Declaration is inconsistent with the Act, in case of any conflict between this Master Declaration, the Articles of Incorporation or Bylaws of the Master Association, this Master Declaration shall control. In case of any conflict between the Articles of Incorporation and the Bylaws of the Master Association, the Articles of Incorporation shall control. 13.4. Annexation. The Declarant may amend this Master Declaration at any time during the twenty (20) year period stated in (a) above, to add additional real estate to Cerise Ranch from such locations as the Declarant may elect in its sole discretion, so long as the total additional real 35 P:',I603102711)OC.Cerise Ranch Homeowners' Dees.wpd 411 estate so annexed to Cerise Ranch pursuant to this sentence, and described in the attached Exhibit A, does not exceed ten percent (10%) of the total area described in the attached Exhibit A. 13.5. Duration, Revocation,. and Amendment. (a) Each and every provision of this Master Declaration shall run with and bind the land for a term of twenty (20) years from the date of recording of this Master Declaration, after which time this Master Declaration shall be automatically extended for successive periods of ten (10) years each. Except as provided in subsection (d) of this Section 13.5 or in. Section 13.4, this Master Declaration may be amended during the first twenty (20) year period, and during subsequent extensions thereof, by a vote or agreement of Owners of Units to which at least sixty- seven percent (67%) of the votes in the Master Association are allocated. (b) No action to challenge the validity of an amendment to this Master Declaration adopted by the Master Association pursuant to this Section may be brought more than one (1) year after the amendment is recorded. (e) Every amendment to this Master Declaration must be recorded in every county in which any portion of Cerise Ranch is located, and is effective only upon recordation. (d) Except to the extent expressly permitted or required by other provisions of this Master Declaration or under the Act, no amendment may create or increase Special Declarant Rights, increase the number of Units, or change the boundaries of any Unit or the Allocated Interests of a Unit, or the uses to which any Unit is restricted, in the absence of unanimous consent of the Owners. (e} Amendments to this Master Declaration that are required by this Master Declaration to be recorded by the Master Association shall be prepared, executed, recorded, and certified on behalf of the Master Association by any officer of the Master Association designated for that purpose or, in the absence of designation, by the president of the Master Association. 13,6. Registration of Mailing_Address. Each Owner and each Security Interest Holder, insurer or guarantor of a Security Interest shall register its mailing address with the Master Association, and except for annual statements and other routine notices, all other notices or demands intended to be served upon an Owner, or upon a Security interest Holders, insurer or guarantor of a Security Interest, whether by the Master Association or any Owner, shall be sent by either registered or certified mail, postage prepaid, addressed in the name of such person or entity at such registered mailing address. However, if any Owner fails to notify the Master Association of a registered address, then any notice or demand may be delivered or sent, as aforesaid, to such Owner at the address of such Owner's Unit. All notices, demands, or other notices intended to be served upon the Executive Board or the Master Association shall be sent by registered or certified mail, postage prepaid, to The Cerise Ranch Homeowners Association, Inc., at the address of its registered agent. 36 PM601\027TDOCCensc Ranch Hernrowners' D.cs wpd s 13.7. Description of Units. A description of a Unit may set forth the name of Cerise Ranch, the recording data for this Master Declaration, the county in which Cerise Ranch is located, and the identifying number of the Unit. Such description is a legally sufficient description of that Unit and all rights, obligations and interests appurtenant to that Unit which were created by this Master Declaration or Bylaws. It shall not be necessary to use the term "Unit" as a part of a legally sufficient description of a Unit. 13.8. Termination and Merger of Common Interest Community. (a) Except in the case of a taking of all the Units by eminent domain, Cerise Ranch may be terminated only by agreement of Owners of Units to which at least sixty-seven percent (67 %) of the votes in the Master Association are allocated. (b) An agreement of Owners to terminate must be evidenced by their execution of a termination agreement or ratifications thereof in the same manner as a deed, by the requisite number of Owners. The termination agreement must specify a date after which the agreement will be void unless it is recorded before that date. A termination agreement and all ratifications thereof must be recorded in every county in which a portion of Cerise Ranch is situated and is effective only upon recordation. (c) The Master Association, on behalf of the Owners, may contract for the sale of Real Estate in Cerise Ranch following termination, but the contract is not binding on the Owners until approved pursuant to this Article 13. If any Real Estate is to be sold following termination, title to that Real Estate, upon termination, vests in the Master Association as trustee for the holders of all interests in the Units. Thereafter, the Master Association has all the powers necessary and appropriate to effect the sale. Until the sale has been concluded and the proceeds thereof distributed, the Master Association continues in existence with all the powers it had before termination. Proceeds of the sale must be distributed to Owners and lienhoiders as their interests may appear, taking into account the value of property owned or distributed that is not sold so as to preserve the proportionate interests of each Owner with respect to all property cumulatively. Unless otherwise specified in the termination agreement, as long as the Master Association holds title to the Real Estate, each Owner and the Owner's successors in interest have an exclusive right to occupancy of the portion of the Real Estate that formerly constituted the Unit. During the period of that occupancy, each Owner and the Owner's successors in interest remain liable for all assessments and other obligations imposed on Owners by the Act or Master Declaration. (d) Following termination of Cerise Ranch, the proceeds of any sale of Real Estate, together with the assets of the Master Association, are held by the Master Association as trustee for Owners and Security Interest Holders, as their interests may appear. (e) Following termination of Cerise Ranch, creditors of the Master Association who obtain a lien on the Units and duly record it in any county in which Cerise Ranch is located 37 P:11601\027\DOC\Cerlse Ranch Homeowners' Decs.wpd • • are to be treated as if they had perfected liens on the Units immediately before termination or when the lien is obtained and recorded, whichever is later. (f) The respective interests of Owners referred to in subsections (c), (d) and (e) of this Section 13.8 are as follows: (1) Except as provided in paragraph (2) of this Section 13.8(j), the respective interests of Owners are the combined fair market values of their Units, Allocated Interests, and any tenant in common interest immediately before the termination, as determined by one or more independent appraisers selected by the Master Association. The decision of the independent appraisers shall be distributed to the Owner and becomes final unless disapproved within thirty (30) days after distribution by Owners of Units to which twenty-five percent (25 %) of the votes in the Master Association are allocated. The proportion of any Owner's interest to that of all Owners is determined by dividing the fair market value of that Owner's Unit and its Allocated Interests by the total fair market values of all of the Units and their Allocated Interests. (2) If any Unit is destroyed, to the extent that an appraisal of the fair market value thereof prior to destruction cannot be made, the interests of Owners are their respective Master Common Expense Liabilities immediately before the termination. (g) Except as provided in subsection (h) of this Section 13.8, foreclosure or enforcement of a lien or encumbrance against the entire Common Interest Community does not terminate, of itself, Cerise Ranch. Foreclosure or enforcement of a lien or encumbrance against a portion of Cerise Ranch does not withdraw that portion from Cerise Ranch, (h) If a lien or encumbrance against a portion of the Real Estate comprising Cerise Ranch has priority over the Master Declaration and the lien or encumbrance has not been partially released, the parties foreclosing the lien or encumbrance, upon foreclosure, may record an instrument excluding the Real Estate subject to that lien or encumbrance from Cerise Ranch. The Executive Board shall reallocate interests as if the foreclosed sections were taken by eminent domain by an amendment to the Master Declaration prepared, executed and recorded by the Master Association. (i) If all or a portion of the Master Common Elements are not to be sold following termination, title to the Master Common Elements not sold vests in the Owners upon termination as tenants in cotnmon in fractional interests that maintain, after taking into account the fair market value of property owned and the proceeds of property sold, their respective interests as provided in this Section 13.8 with respect to alI property appraised under this Section 13.8, and liens on the Units shift accordingly. (j) Cerise Ranch by agreement of the Owners as provided in Subsection 2 of this Section 13.8(0 below, may be merged with another Common Interest Community of the same 38 P:\1601Y7271DOC\Cetisc Ranch Henrcuuners' Decs.wpd • form of common ownership pursuant to C.R.S. § 38-33.3-221, to form a single common interest community. • (1) In the event of a merger, unless the agreement otherwise provides, the resultant common interest community is the legal successor and holds all powers, rights, obligations, assets and liabilities of all pre-existing associations. (2) An agreement to merge pursuant to this Section 13.8(j) must be evidenced by an agreement prepared, executed, recorded and certified by the president of each pre-existing association following approval of at least sixty-seven percent (67%) of all owners of units to which are allocated the percentage of votes in each common interest community. The merger agreement must be recorded in every county where a portion of Cerise Ranch is located. 13.9. Transfer of Special Declarant Rights. A Special Declarant Right created or reserved under this Master Declaration may be transferred only by an instrument evidencing the transfer recorded in every county in which any portion of Cerise Ranch is located. The instrument is not effective unless executed by the transferee. 13.10. Eminent Domain. (a) If a Unit is acquired by eminent domain or part of a Unit is acquired by eminent domain leaving the Owner with a remnant which may not practically or lawfully be used for any purpose permitted by this Master Declaration, the award must include compensation to the Owner for that Unit and its Allocated Interests whether or not any Master Common EIements are acquired. Upon acquisition, unless the decree otherwise provides, that Unit's Allocated Interests are automatically reallocated to the remaining Units in proportion to the respective Allocated Interests as of those Units before the taking. Any remnant ofa Unit remaining after part of a Unit is taken under this subsection (a) is thereafter Master Common Elements. (b) Except as provided in subsection (a) of this Section 13.10, if part of a Unit is acquired by eminent domain, the award must compensate the Owner for the reduction in value of the Unit and its interest in the Master Common Elements whether or not any Master Common Elements are acquired. Upon acquisition, unless the decree otherwise provides: (1) That Unit's Allocated Interests are reduced in proportion to the reduction in the size of the Unit or on any other basis specified in this Master Declaration; and (2) The portion of Allocated Interests divested from the partially acquired Unit is automatically reallocated to that Unit and to the remaining Units in proportion to the respective interests of those Units before the taking, with the partially acquired Unit participating in the reallocation on the basis of its reduced Allocated Interests. 39 P:1.160110,271DOCiCerisa Ranch Homeowners' Decs.upd • • (c) If part of the Master Common Elements is acquired by eminent domain, that. portion of any award attributable to the Master Common Elements taken must be paid to the Master Association. For the purposes of acquisition of a part of the Master Common Elements, service of process on the Master Association shall constitute sufficient notice to all Owners, and service of process on each individual Owner shall not be necessary. (d) The court decree shall be recorded in every county in which any portion of Cerise Ranch is located. (e) The reallocations of Allocated Interests pursuant to this Section shall be confirmed by an amendment to this Master Declaration prepared, executed, and recorded by the Master Association. 13.11. Master Association as Trustee. With respect to a third person dealing with the Master Association in the Master Association's capacity as a trustee, the existence of trust powers and their proper exercise by the Master Association may be assumed without inquiry. A third person is not bound to inquire whether the Master Association has the power to act as trustee or is properly executing trust powers. A third person, without actual knowledge that the Master Association is exceeding or improperly exercising its powers, is fully protected in dealing with the Master Association as if it possessed and properly exercised the powers it purports to exercise. A third person is not bound to assure the proper application of trust assets paid or delivered to the Master Association in its capacity as trustee. 13.12. Separate Titles and Taxation. Each Unit that has been created, together with its interest in the Master Common Elements, constitutes for all purposes a separate parcel of Real Estate and must be separately assessed and taxed. The valuation of the Master Common Elements shall be assessed proportionately to each Unit in accordance with such Unit's Allocated Interest set forth in this Master Declaration, and the Master Common Elements shall not be separately taxed or assessed. Upon the recording of this Master Declaration, the Declarant shall deliver a copy of such recording to the assessor of each county in which this Master Declaration was recorded. 40 P:116O1AO271DOC1Cerise Ranch Homeowners' Decs.wpd • cerise R AN CH Wildlife and Vegetation Report comprehensive plan amendment planned unit development and sketch plan 6/13/98 Anctrew An up as tcoi D ial Environmental Consulting, LLC Doug Pratte The Land Studio 100 Elk Run Drive, Suite 122 Basalt, CO 81621 Dear Doug, The following is my review of natural resources for the proposed Cerise ranch PUD, Executive Summary Slope aspect and altitude have a powerful influence over the distribution of plant communities in the Rocky Mountains, These two limiting factors also influence available moisture, length of the growing season, and effective day length. The Anderson Land Use and Land Cover Classification system developed by the US Geological Survey was utilized to map tate Cerise Ranch land uses and plant community types. An aerial photograph acquired from the Natural Resource Conservation Service was used as the study base map (approximately 1 inch = 600 feet). Land uses were determined in the field and transferred to the base map. Three types of plata communities/ecosystems were identified within the Cerise ranch study area. They include oak/serviceberry shrublaud, herbaceous pasture lands, and wetland communities. Based on the preliminary Cerise ranch sketch plan, the majority of the proposed development would occur on herbaceous pasturelands near the toe -of -slope that delineates the boundary between the two upland plant communities. Preliminary review of wildlife resources, for the sketch plan phase. consisted of reviewing the Colorado Division of Wildlife's GIS wildlife database, and meeting with Kevin Wright and Rick Adams the DoW District Wildlife Managers. Based on the database, important wildlife habitat in the vicinity of Cerise ranch include Elk and Mule Deer migration corridors and winter range. The DoW would discourage the disturbance or impacts to oak/serviceberry plant communities, and at the same time favor the institution of covenants which would protect wildlife activities in the vicinity of Cerise ranch. Introduction This report describes the variety and distribution of plant communities present at the Cerise ranch, which is an active cattle ranch located in Garfield County, Colorado (Figure 11. The results of this investigation will be utilized during the early planning stages of the planned united development (PUD) in order to avoid or rnlnimize impacts to sensitive natural resources. The proposed project Is to develop a diverse community consisting of a variety of single family homes. townhotues, condominiuins, and an elementary school site for the Roaring Fork School District. Descriptions of Mountain Ecosystems There are many factors that drive the distribution of ecosystems across the landscape. The term ecosystem refers to a unique assemblage ofliving organisms and their surrounding physical environment. The living and non -living therefore function as a single Interacting unit (Mutel and Emerick, 1992). The term community refers to the living component of the ecosystem. Therefore. community boundaries in the Rocky Mountains help define ecosystemn boundaries. PD Box 2467 Basalt CO 81621 970-963-8297 aantipas 'sapris.net In the Rocky Mountains, slope aspect and altitude have a powerful influence over the distribution of plant communities. These two limit hIg factors also influence available moisture, length of the growing season. and effective day length. The following are brief descriptions of the coruurunity types identified in the vicinity of the base area of the Cerise ranch. Montane Shrublands and Herbaceous Rangeland Montane shrublands range in elevation from 5,500' lo 10,000" (Mute' and Emerick, 1992). Dominated vegetation usually consists of Gaxnbel oak, selviceberry, greasewood, mountain mahogany. rabbitbush, and big sagebrush. These species can be found on the south facing hillside within the project area and are important winter range for elk and mule deer. Wetlands and Riparian Ecosystems Wetland and Riparian communities are found throughout the montane forest communities ranging from 5,500' to 11,000' and are a critical iluk in maintaining the health of surrounding plant communities and wildlife. Typical vegetation consists of cottonwood, willows, alder, and birch. Plus, there is a wide variety of herbaceous species usually dominated by sedge and rush species. Wetlands provide water, food, and cover for all types of wildlife. In addition, wetlands protect water quality by filtering runoff before it reaches the rivers or streams. Wetlands also act as a sponge during high flows, absorbing water and then slowly releasing it back to the stream after storm events or spring snow melt. Because of the western slopes semi -arid climate water is an important limiting resource. Therefore, the protection of wetland communities is critical to the long term survival of most of the animals found here. Typically. the Arany Corps of engineers requires 2:1 mitigation for impacts to wetland communities on the west slope. Study Methodology A land use and land cover classification system developed by the US Geological Survey (Anderson et al., 1970) was utilized to label ranch land uses and plant community types. A 1990 aerial photograph acquired from the Natural Resource. Conservation Service was used as the study base map (approximately 1 inch = 500 feet). Numerous field visits were used to determine the aerial signature of the various plant communities in the study area. The approximate boundaries between the communities were sketched onto the base (Figure 2). Aquatic and Wetlands Consultants, Inc. and Andrew Antipas Ecological and Environmental Consulting, LLC have delineated wetlands in the study area and will provide a delineation report under separate cover. However, approximate wetland areas are shown in Figure 2 for prelirinaiy planning purposes. Results Three types of plant communities/ecosystems were identified within the Cerise ranch study area. They include oaklser-viceberry shrubland, herbaceous pastureland, and wetland/riparian communities. Figure 2 illustrates existing laud uses and the location of the plant communities throughout the study area. The wetland types found within the study area include emergent and wet meadows. Based on the preliminary sketch plan no wetlands would be impacted. Development would occur on the herbaceous pasturelands. However, if design plans change. hnpacts to wetlands will require Section 404 permits issued by the Army Corps of Engineers prior to construction. A more complete discussion of the wetland resource hi the study area is available under a separate cover. 2 • • • Oak/servieeberry- shrublands are typically found on south facing slopes and are iinportarit winter Habitat for elk and mule deer because they do not hold snow during the winter. Avoiding this community type will be valuable in presenring winter habitat for the native big game species. The herbaceous pasturelands have been created by agricultural activities in the valley. Historically, oak/sezviceberry covered the pasture areas as well, but were removed when the valley was homesteaded. Much of the pasturelands on the Cerise ranch have been flood irrigated for many years and it appears that some of the poor draining and low lying areas have become wetlands. It is also possible that the construction of the 4 lane portions of highway 82 may have lead to the present drainage condition and wetland formation. A meeting was held with Kevin Wright and Rick Adams of the Colorado Division of Wildlife (DoW) on May 26, 1998 to review and discuss the proposed development. Based on this meetings with the DoW, the proposed development will have hnpacts to elk and tnule deer winter range. An increase in humans and their pets have the potential to disturb the elk and mule deer during the winter when food supplies and the animals energy reserves are low. In addition, the DoW has been monitoring the movements and activity of a female mountain lion and her cubs. The DoW intends to leave the mountain lions alone and educate the community to their presence. The DoW recommend limiting the number of pets in the development. Dogs and cats should be restrict to kennels or kept in doors and not allowed to run free. A complete discussion of the DoW recommended wildlife mitigation strategies are included in the meeting summary, which is included In the appendix. The Colorado Division of Wildlife (DoW) GIS database was reviewed and a summary form is also in the appendix. The database indicated that big game species such black bear, elk. and mule deer have important habitat in and adjacent to the study area. Conclusions Plant and wildlife communities are closely linked and make up the living portions of ecosystems. Therefore, impacts to plant communities will have a corresponding affect on wildlife. If the development plan can avoid impacting the oak/sagebrush habitat, impose pet restrictions, and institute a residential education program we will have addressed the Division of Wildlife's concerns. Please cal me with your questions and comments or if you need additional information. Veiy Truly yours, ,q1/41•J Andrew Antipas Literature Cited Anderson. J. R., R. Anderson, E. E. Hardy, J. T. Roach, and R. E. Witmer. 1976. A Land Use and Land Cover CIassification System for Use with Remote Sensor Data. U. S. Geological Survey, Alexandria, Virginia. 28 pages. Mutel, C,F. and J.C. Enicrlck. 1992. From Grassland to Glacier. 2nd Edition. Johnson Books, Boulder. 3 • Sarfield County Planning Dep rtntent S!S Reaoures Rob Hykys. GIS Analyst, rccpini rcl.net 47E:6945-8212. FAX 970.945-7785 91119 11 1d AM COLORADO DIVISION OF WILDLIFE DATA (1:24K), one contiguous county -wide coverage. UTM meters. -4,000 km y -shift. 1998 (By agreement with CDOW, digital source data can not be shared.) Wildlife habitat lies: Bald Eagle Active Nest Site Bald Eagle Winter Range Black Bear Overall Range Black Bear Human Conflict Black Bear Fail Concentration Area Black Bear Summer Concentration Area Bighorn Migration Patterns Bighorn Overall Range Bighorn Winter Range Bighorn Winter Concentration Area Bighorn Summer Range Bighorn Production Area Boreal Toad Canada Goose Brood Concentration Area Canada Goose Feeding Area Canada Goose Production Area Canada Goose Wintering Area Canada Goose Winter Concentration Area Chukar Colo River Cuthroat Trout Elk Migration Corridors Elk Winter Range Elk Winter Concentration Area Elk Severe Winter Range Elk Overall Range Elk Summer Range Elk Summer Concentration Area Elk Production Area Golden Eagle Nest Site Golden Eagle Nest Unknown Status Great Blue Heron Nesting Area Kitfox Potential Habitat Kitfox Field Sightings Lynx Mule Deer Migration Patterns Mule Deer Winter Range Mule Deer Winter Concentration Area Mule Deer Severe Winter Range Mule Deer Overall Range Mule Deer Summer Range Mute Deer Resident Population Area Mute Deer Hi hway Crossing Native Fish (3 s12c5) Osprey Active Nest Site Peregrine Falcon Active Nest Peregrine Falcon Nesting Area Entirely Partly Within 1 Out in Area in Area Mile of Area ,/ tI' .34 • • Wildlife habitat lies: Entirely Partly Within 1 Out in Area in Area Mile of Area Peregrine Falcon Mioratory Huntinn Habitat _ I Pronghorn Antelope Overall Range_. �, ,�„ t Pronghorn Antelope Winter Range - Pronghorn Antelope Winter Concentration Area. Ptarmigan Potential Habitat— _ Raptors ,a., 2 Razorback Sucker_ ti./ River Otter Overall Range_ v` Sage Grouse Brood Area— _ Sage Grouse Overall Range... �i Sage Grouse Production Area Sage Grouse Winter Area — sZ__ Wild Turkey Overall Range Wild Turkey Production Area_ — „/ Wild Turkey Winter Range v' Wild Turkey Winter Concentration Area _! Wild Turkey Roosting Sites Willow Flycatcher Potential Significant Habitat 7 , _ ___„ ":42Wolverine Possible Sighting Fleeting Date: Project: Participants: Andrew Antipas Lcological Environmental Consulting, LLC Meeting Summary 5/26198 Preliminary Planning for the Cerise Ranch Rick Adams, CO Division of Wildlife Kevin. Wright. CO Division of Wildlife Doug Pratte,. The Land Studio Andy Antipas, Ecological & Environmental Consulting, LLC Prepared by: Andy Antipas on 6/1198 The meeting began at approximately 3:00 PM at the Park and Ride adjacent to Catherine's Store along Highwvay 82. Mr. Pratte reviewed the project sketch plan and discussed the need for a waste wvater treatment plant near the Roaring Fork River. Mr. Wright explained that the Cerise property falls under Mr. Adams jurisdiction and all future correspondence should be directed to him. The Division of Wildlife concerns were as follows: • Eliminating or severely restricting dogs in this area is critical. Dogs should be limited to one per household. When outside, dogs should be leashed or in a kennel. Kennels should have a roof to insure containment of the dogs and to keep wildlife out. Pet owners who allow there dogs to run free should be lined and fines should double with each offense. • Cats should be kept in doors or kenneled because of their threat to song bird populations. Free ranging house cats will prey on songbirds and small mammals. • Homeowner association covenants should included clauses which prevent wildlife protection measures from being changed w'ithout permission of the DoW. • Dead wildtife (deer) removal is the responsibility of the homeowner. Winter kills and highway injured animals will be a common in the project area. • There should be no perimeter fencing which would interfere with wvildlifc movements. Fencing between the homes and open space should consist of 30 inches of mesh with a barbed kick. wire at the top or an alternate approved by the DoW. Down lighting should be utilized in the development to protect evening wildlife activities. • Preserve a wildlife corridor so the deer have access to the open space. • The proposed development will be adjacent to active mountain lion home range. A female lion and her cubs have been observed in Missouri Heights and the hillside adjacent to the Cerise ranch. Homeowners should be aware of this and the DoW has no plans to remove the lions from the area. • Hay piles must be enclosed in order to discourage feeding by deer and elk in the open space. PO Box 2467 Basalt CO 81621 970-963.8297 nantipas@sopris.net • • • • The 40 plus acre parcel above Richard Cerise's house is a migration corridor for elk and deer and should be kept as open space. The construction of a water storage tank would not significantly impact the area for animal migration. • Areas that are disturbed need to be revegetatcd as soon as possible to reduce soil erosion. Many of the gullies along the hillside will run with water diming storm events. • An environmental education program ‘which included brochures and interpretive signs throughout the proposed village will help property owners minimize impacts to wildlife and visa versa. Sagebrush/scrub oak plant coimnunities should be avoided because they are valuable winter habitat for elk and deer. The sketch plan illustrated home sites above the northern most irrigations ditch which contains sagebrush and gambel oaks. if would be best for wildlife if these hoincsites could be moved below the irrigation ditch. • During construction or the development, construction workers should not be allowed to bring dogs to the site. Typically, these dogs are unsupervised for most of the day. The meeting was adjourned at approximately 4:20 PM. Andrew Antipas Ecological & Environmental. Consulting %will proceed on this report. Any discrepancy should be brought to his attention in writing within seven (7) days of the report preparation date. • 0 cerise RANCH Geotechnical Report comprehensive plan amendment planned writ development and sketch plan March 26, 1998 Mr. Art Kleinstein clo The Land Studio 123 Emma Road, Suite 204A Basalt, CO 81621 Attention: Ms. Julie Pratte Subject: Preliminary Geologic Hazard Evaluation and USDA Soil Conservation Service Data For Cerise Ranch Garfield & Eagle Counties, Colorado Job No. GS -2309 Gentlemen: This letter presents the results of our Preliminary Geologic Hazard Evaluation and a compilation of USDA Soil Conservation Service (SCS) data for Sketch Plan Submittal for the subject site. The following paragraphs describe geologic conditions and potential geologic hazards and discusses their possible influence on the planned development. A map indicating the approximate boundaries of SCS soil units and explanations are attached as Appendix A. Site Conditions Cerise Ranch is an approximately 300 acre parcel located in the Roaring Fork River Valley. The majority of the site is in Garfield County with a small portion at the east end being in Eagle County. Catherine Store is approximately 1 mile to the west. Highway 82 is along the south property boundary with the Roaring Fork River beyond to the south. The Dakota, Eagle Dakota and Soderberg Subdivisions are adjacent to the southeast, east and northeast. respectively. Agricultural land is on property to the west. Land to the north has not been built on. A residence and agricultural operation with several barns, sheds and outbuildings is located on the northwest part of the property. The Roaring Fork River Valley trends from the east, down to the west in the vicinity of the property. The site is situated on the north side of the valley floor and lower slopes of the valley sides. Ground surfaces drop steeply from the north down to the south on the valley sides, decreasing in steepness at the edge of the valley and flattening on the valley floor. A small pond is on the east part of the property. Several irrigation ditches cross the property from east to west. Vegetation on the valley floor and edges consists of irrigated pasture grasses and weeds. On the slopes above the valley, vegetation consists of pinion and juniper trees and sparse weeds and brush. CTLITHOIVIPSON, INC. CONSULTING ENGINEERS 234 CENTER DRrWE • GLENWOOD SPRINGS. COLORADO 81601 ■ (970) 945-2809 • Site Development At this writing development plans are conceptual. We understand the developer intends to develop the property for single family residential use. We anticipate infrastructure will include roadways and utilities. Buildings will likely be 1 or 2 story wood frame residences with or without basements. Geologic Setting In our opinion, no geologic conditions or potential geologic hazards exist that will preclude development of the site. The property is underlain by bedrock consisting of the Pennsylvanian aged Eagle Valley Evaporite. Bedrock is exposed on the slopes above the valley floor. Quaternary aged colluvial deposits overlay the bedrock and thicken on the lower slopes towards the edge of the valley floor forming a colluvial wedge. On the valley floor bedrock is covered with Quaternary aged terrace gravels deposited by the Roaring Fork River. Three alluvial fans coalesce along the north side of the valley floor covering the terrace gravels. A map of interpreted geologic units is shown on the Surficial Geologic Conditions Map, Figure 1. The Eagle Valley Evaporite consists of gypsum, anhidrite, halite and other evaporite minerals with interbedded siltstone and sandstone. The evaporite minerals have undergone plastic flow deformation due to overburden loading that has caused highly distorted and swirled bedrock orientation resulting in a highly varied heterogeneous geologic unit. Potential Geologic Hazards We identified several potential geologic hazards at the site that need to be considered when planning the development. Some of the geologic hazards can be mitigated by avoidance and others will need proactive mitigation. in our opinion, all of the potential geologic hazards can be mitigated using engineering and construction methods considered normal for this type of development in the locale. In our opinion, the geologic conditions and potential geologic hazards are similar to and no greater than those of other developments iri the area (e.g. Aspen -Glen, River Valley Ranch, etc.). Conditions at this site are typical of mountainous terrain. Potential geologic hazards include ground subsidence (sink holes), debris/mud flows and potentially unstable slopes. Evidence of potential ground subsidence was observed in the east part of the property. Evaporite minerals in the underlying Eagle Valley Evaporite are prone to being dissolved and removed by circulating ground water forming "solution cavities". Overburden soils cave into the solution cavities. When caving propagates to the ground surface, a sink hole can form or an irregular rolling surface topography can develop. The presence of the evaporite minerals is random due to the highly variable nature of the geologic unit. We observed two well defined sink holes as well as areas of irregular surface topography in the subsidence area. In our opinion, the MR. ART KLEINSTEIN CERISE RANCH JOB NO. GS.2309 subsidence mechanism is strongly influenced by historic flood irrigation of the property and the presence of a pond in one of the sinkholes. Development of the site with the proposed golf course and residential construction will eliminate flood irrigation and sprinkler irrigation will greatly reduce the amount of circulating ground water and, therefore, reduce ground subsidence. Although the degree of risk of damage to structures cannot be completely eliminated we believe that structures sited outside of the identified subsidence area will perform satisfactorily and are at no greater risk than structures in other developments in the area in a similar geologic environment. The two alluvial fans to the north are essentially dormant since their source basins have been pirated by the drainage feeding the southern most alluvial fan. The southern most alluvial fan appears to be an active geomorphic feature. Potential debris/mud flow hazards are associated with the southern most alluvial fan. Our field observations indicate that the debris fan presents a moderate potential hazard. In our opinion, the two alluvial fans to the north do not have source basins of sufficient size to result in a significant debris/mud flow hazard. Mitigation can be achieved by anticipating sediment loading 40 to 50 percent in developing the site drainage plan. Site drainage structures need to be designed such that blockage and overflow do not occur. If further quantification of the magnitude of potential debris flows is needed a drainage basin hydrologic analysis could be performed and included as part of the Preliminary Plan Submittal. A drain basin hydrologic analysis is beyond the scope of this report. The slopes in the north part of the property are steep. The slopes are underlain by the bedrock of the Eagle Valley Evaporite with a mantle of residual and colluvial soils, Excavation into slopes steeper than approximately 30 percent is likely feasible, however. the slopes should be considered potentially unstable. We did not observe any evidence of slope instability at the site, In our opinion, excavation into slopes steeper than 30 percent should be addressed by a geotechnical engineer on an individual basis. Potential geologic hazards are delineated on Figure 2. We appreciate the opportunity to work with you on this project. If you require any further service or have questions, please call. Very truly yours, CTLITHOMPSON, INC Wilson. Liv Professional Ge LB:JM:cd (3 copies sent) MR, ART KLEINSTEIN CERISE RANCH JOB NO. GS -2013 APPENDIX A SCS DATA MR. ART KLEINSTEIN CERISE RANCH JOB NO. GS -2309 • • • CERISE RANCH GARFIELD & EAGLE COUNTIES, COLORADO Job Na. GS -2309 SCS SOIL UNITS MAP Scale: 1 "=1000' f 1g. A-1 13—Atenclo-Azeltine complex, 3 to 6 percent 1110 lopes. This map unit is on alluvial fans and terraces. The native vegetation is mainly grasses and shrubs. Elevation is 5,900 to 6.500 feet. The average annual precipitation is 15 to 18 inches. the average annual air temperature is 44 to 46 degrees F. and the average frost -free period is 105 to 120 days. This unit is about 60 percent Atencio sandy loam and 30 percent Azeltine gravelly sandy loam. Included in this unit are small areas of soils that are similar to the Atencio and Azeltine soils but are finer textured. Also included are small areas of gravel bars. Included areas make up about 10 percent of the total acreage. The Atencio soil is deep and well drained. It formed in alluvium derived dominantly from sandstone and shale. Typically, the surface layer is reddish gray sandy loam about 6 inches thick. The next layer is sandy loam about 4 inches thick. The subsoil is about 10 inches of sandy clay loam over about 4 inches of gravelly sandy loam. The upper 6 inches of the substratum is gravelly sandy loam. The lower part to a depth of 60 inches is very gravelly sand. The soil is noncalcareous to a depth of 20 inches and calcareous below that depth. In some areas the surface layer is gravelly or cobbly. Permeability is moderate to a depth of 30 inches in e Atencio soil and rapid below this depth. Available hater capacity is low. The effective rooting depth is 60 inches or more. Runoff is slow, and the hazard of water erosion is slight. The Azeltine soil is deep and well drained. It formed in alluvium derived dominantly from sandstone and shale. Typically, the surface layer is reddish gray gravelly sandy loam about 9 inches thick. The upper 7 inches of the substratum is gravelly loam. The lower part to a depth of 60 inches is extremely gravelly sand,. The soil is calcareous throughout. In some areas the surface layer is cobbly loam or sandy loam. Permeability is rapid or very rapid below a depth of 16 inches in the Azeltine soil. Available water capacity is low. The effective rooting depth is 60 inches or more. Runoff is slow, and the hazard of water erosion is slight. This unit is used mainly for irrigated hay or pasture. It also is used for crops, urban development, wildlife habitat, or rangeland. If this unit is used for hay and pasture, the main limitations are the low available water capacity and small stones. Grasses and legumes grow well if adequate fertilizer is used. Good management helps to maintain optimum vigor and quality of forage plants. •ecause these soils are droughty, applications of rigation water should be light and frequent. Irrigation water can be applied by corrugation, sprinkler, and flooding methods. if properly managed, the unit can produce 4 tons of irrigated grass hay per acre annually. This unit is moderately well suited to irrigated crops. If furrow or corrugation irrigation systems are used, runs should be on the contour or across the slope. If properly managed, the unit can produce 70 bushels of barley per acre annually. The potential plant community on this unit is mainly western wheatgrass, Indian ricegrass, needleandthread, big sagebrush, and Douglas rabbitbrush. Nevada bluegrass, prairie junegrass, and botttebrush squirreltail also are included. The average annual production of air- dry vegetation is about 800 pounds per acre. Suitable management practices include proper grazing use and a planned grazing system. if the quality of range vegetation has seriously deteriorated, seeding is needed. The main limitations are cobbles and stones. For successful seeding, a seedbed should be prepared and the seed drilled. Brush management improves deteriorated areas of range that are producing more woody shrubs than were present in the potential plant community. If this unit is used for homesite development, the main limitation is small stones. Population growth has resulted in increased construction of homes in areas of this unit. Topsoil can be stockpiled and used to reclaim areas disturbed during construction. The gravel and cobbles in disturbed areas should be removed if the site is landscaped, particularly in areas used for lawns. If the density of housing is moderate or high, community sewage systems are needed to prevent the contamination of water supplies resulting from seepage from onsite sewage disposal systems. This map unit is in capability subclass IVe, irrigated, and Vle, nonirrigated. It is in the Rolling Loam range site. 38—Evanston loam, 1 to 6 percent slopes. This deep, well drained soil is on alluvial fans, terraces, and valley sides. It formed in alluvium derived dominantly from material of mixed mineralogy. Elevation is 6,500 to 8,000 feet. The average annual precipitation is 13 to 15 inches, the average annual air temperature is 42 to 46 degrees F, and the average frost -free period is 80 to 90 days. Typically, the surface layer is brown loam about 14 inches thick. The subsoil is clay loam about 17 inches thick. The substratum to a depth of 60 inches or more is loam. included in this unit are small areas of Tridell, tiracca, and Forelle soils. Also included are small areas of soils that are similar to the Evanston soil but have more stones. Included areas make up about 15 percent of the total acreage. Permeability is moderate in the Evanston soil. Available water capacity is high. The effective rooting depth is 60 inches or more_ Runoff is slow, and the hazard of water erosion is slight. This unit is used mainly as rangeland. It also is used for pasture, crops, or wildlife habitat. A few areas also are used for homesite development. The potential plant community on this unit is mainly bluebunch wheatgrass, western wheatgrass, muttongrass, Douglas rabbitbrush, and mountain big sagebrush. Utah serviceberry, mountain snowberry, prairie junegrass, and Ross sedge commonly are also included. The average annual production of air-dry vegetation is about 1,500 pounds per acre. It the range condition deteriorates, mountain big sagebrush. Douglas rabbitbrush, cheatgrass, and annual weeds increase in abundance. Suitable management practices include proper grazing use and a planned grazing system. Brush management improves deteriorated areas of range that are producing more woody shrubs than were present in the potential plant community. This soil responds well to applications of fertilizer, to range seeding. and to proper grazing use. If the quality of range vegetation has seriously deteriorated, seeding is needed. This unit is well suited to hay and pasture. It has few 0 limitations. A seedbed should be prepared on the contour or across the slope where practical. Applications of nitrogen and phosphorus fertilizer improve growth of forage plants. If properly managed, the unit can produce 5 tons of irrigated grass hay per acre annually. This unit is well suited to irrigated crops. if properly managed, it can produce 90 bushels of barley per acre annually. This unit is suited to homesite development. The main limitation is the shrink -swell potential. The effects of shrinking and swelling can be minimized by prewetting foundation areas. Population growth has resulted in increased construction of homes in areas of this unit. This map unit is in capability subclass IVe, irrigated and nonirrigated. It is in the Deep Loam range site. 55—Gypsum land-Gypsiorthids complex, 12 to 65 percent slopes. This map unit is on mountainsides, on hills, and along dissected drainageways (fig. 5). It i5 on hills and canyon side slopes throughout the survey area. This unit is about 65 percent Gypsum land and 20 Ispercent Gypsiorthids. Included in this unit are small areas of Torriorthents and Camborthids. Included areas make up about 15 percent of the total acreage. The Gypsum land consists mainly of exposed parent material that has a very high content of gypsum. The Gypsiorthids are shallow and moderately deep and well drained. They formed in residuum and colluvium derived dominantly from mixed material with a very high content of gypsum. Slope is 12 to 50 percent. No single profile of these soils is typical, but one commonly observed in the survey area has a surface layer of very pale brown fine sandy loam about 8 inches thick. The substratum is fine sandy loam. Soft, gypsiferous shale is at a depth of about 39 inches. Permeability is moderate in the Gypsiorthids. Available water capacity is low or moderate. The effective rooting depth is 10 to 40 inches. Runoff is very rapid, and the hazard of water erosion is slight to severe on the steeper slopes. This unit is used as wildlife habitat. The native vegetation on the Gypsiorthids is sparse grasses, (orbs, and Utah juniper. The Gypsum land supports very little native vegetation. This unit is poorly suited to hornesite development. The main limitations are the slope, the hazard of erosion„ piping, and low soil strength during wet periods. This map unit is in capability class VIII. No range site is assigned. 69 --Kilgore silt loam. This deep, poorly drained soil is on alluvial valley floors, flood plains, low terraces, and alluvial fans. It formed in alluvium derived dominantly from mixed sources. Elevation is 6,000 to 9,800 feet. The average annual precipitation is 18 to 20 inches, the average annual air temperature is 38 to 40 degrees F, and the average frost -free period is 70 to 95 days. Typically, the surface layer is very dark grayish brown sill loam about 4 inches thick. The upper 21 inches of the substratum is silt loam. The next 4 inches is very gravelly sandy loam. The lower part to a depth of 60 inches is very gravelly loamy sand. Included in this unit are small areas of Atencio, Azeltine, Showalter, Morval, and Empedrado soils. Included areas make up about 10 percent of the total acreage. Permeability is moderately slow in the Kilgore soil, Available water capacity is low. The effective rooting depth is 60 inches or more. Runoff is slow, and the hazard of water erosion is slight or moderate on the steeper slopes. A high water table is at a depth of 1 to 3 feet. The soil is occasionally flooded for very brief periods in spring and summer. OThis unit is used as hayland, pasture, or rangeland. It s well suited to hay and pasture. Wetness limits the choke of suitable forage plants and the period of cutting or grazing and increases the risk of winterkill. Grazing when the soil is wet results in compaction of the surface layer, poor tilth, and excessive runoff. Applications of nitrogen fertilizer improve the growth of forage plants. If properly managed, the unit can produce 3.5 tons of irrigated grass hay per acre annually. The potential plant community on this unit is mainly tufted hairgrass, Nebraska sedge, slender wheatgrass, ovalhead sedge, and willow. Other plants that characterize this site are western yarrow, Rocky Mountain iris, and shrubby cinquefoil. The average annual production of air-dry vegetation is about 3,000 pounds per acre. If the range condition deteriorates, willow, iris, and shrubby cinquefoil increase in abundance. If the condition of the range further deteriorates. Kentucky bluegrass and Canada thistle increase in abundance. This unit is poorly suited to homesite development. The main limitations are seepage, the wetness, the frost action potential, and the flooding. A drainage system is needed if roads and building foundations are •onstructed . This map unit is in capability subclass Vw. irrigated and nonirrigated. it is in the Mountain Meadow range site. 106—Tridell-Brownsto stony sandy Ioams, 12 to 50 percent slopes, extremely stony. This map unit is on terraces and mountainsides. Elevation is 6.400 to 7,700 feet. The average annual precipitation is 12 to 14 Inches, the average annual air temperature is 42 to 44 degrees F, and the average frost -free period is 85 to 105 days. This unit is about 45 percent Tridell soil and 35 percent Brownsto soil. About 5 to 10 percent of the surface is covered with stones. Included in this unit are small areas of Forelle and Evanston soils in the less sloping cleared areas. Also included are small areas of basalt Rock outcrop and soils that are similar to the Tridell soil but have less gravel and fewer stones. Included areas make up about 20 percent of the total acreage. The Tridell soil is deep and somewhat excessively drained. it formed in alluvium and colluvium derived dominantly from sandstone and basalt. Typically, the upper part of the surface layer is grayish brown stony sandy loam about 2 inches thick. The lower part is grayish brown very cobbly fine sandy loam about 7 inches thick. The upper 5 inches of the substratum is very cobbly fine sandy loam. The next part is cobbly sandy loam about 11 inches thick. Below this is 12 inches of very stony fine sandy loam. The lower part of the substratum to a depth of 60 inches is very stony loamy sand. Hard basalt is commonly below a depth of about 60 inches. The soil is calcareous throughout. A thin layer of partially decomposed needles, twigs, and leaves is on the surface in many places. Permeability is moderately rapid in the Tridell soil. Available water capacity is low. The effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is moderate. The Brownsto soil is deep and well drained. It formed in alluvium derived dominantly from coarse textured, calcareous sandstone and basalt. Typically. the upper part of the surface Payer is light brownish gray stony sandy loam about 4 inches thick. The lower part is light brownish gray stony sandy loam about 7 inches thick. The upper 19 inches of the substratum is very gravelly sandy loam. The next 12 inches is very gravelly loamy sand The tower part to a depth of 60 inches is gravelly construction. The gravel and cobbles in disturbed areas should be removed if the site is landscaped. particularly in areas used for lawns. Areas adjacent to hillsides are occasionally affected by runoff, which may be accompanied by the movement of rock debris. Population growth has resulted in increased construction of homes in areas of this unit. This map unit is in capability subclass Vile, nonirrigated. The Tridell soil is in the Pinyon -Juniper woodland site, and the Brownsto soil is in the Stony Foothills range site. 114--Yamo loam, 1 to 6 percent slopes. This deep, ell drained soil is on fans and toe slopes. It formed in millkolluvium derived dominantly from sandstone, shale, and gypsum. Elevation is 6,200 to 7,500 feet. The average annual precipitation is 10 to 14 inches, the average annual air temperature is 40 to 44 degrees F, and the average frost -free period is 85 to 105 days. Typically, the surface layer is light brownish gray loam about 8 inches thick. The subsoil is loam about 6 inches thick. The substratum to a depth of 60 inches or more is loam. Thin strata of material that ranges from gravelly clay loam to sand are common below a depth of 40 inches. Included in this unit are small areas of ForeIle and Mussel soils and areas of Gypsiorthids. Also included are small areas of soils that are similar to the Yamo soil but have a more alkaline subsoil and support greasewood vegetation. Included areas make up about 20 percent of the total acreage. Permeability is moderate in the Yamo soil. Available water capacity is high. The effective rooting depth is 60 inches or more. Runoff is slow, and the hazard of water erosion is slight. This unit is used mainly for rangeland, hay, pasture, or irrigated crops. it also is used for homesite development. ilkThe potential plant community on this unit is mainly estern wheatgrass, bfuebunch wheatgrass, Indian ricegrass, prairie junegrass, Wyoming big sagebrush, and Douglas rabbitbrush. Other plants that characterize this site are needleandthread, bottiebrush squirrettait, and Sandberg bluegrass. The average annual production of air-dry vegetation is about 800 pounds per acre. If the range condition deteriorates, Wyoming big sagebrush. Douglas rabbitbrush, cheatgrass, and annual weeds increase in abundance. If the quality of range vegetation has seriously deteriorated, seeding is needed. The plants selected for seeding should meet the seasonal requirements of livestock, wildlife, or both. For successful seeding, a seedbed should be prepared and the seed drilled. This unit is well suited to hay and pasture. Proper grazing practices, weed control, and fertilizer are needed to ensure maximum quality of forage. irrigation water can be applied by corrugation and sprinkler methods. Leveling helps to ensure the uniform application of water. In some places sinkholes or pipes may develop because of the content of gypsum in the soil. If properly managed, the unit can produce 4 tons of irrigated grass hay per acre annually. • This unit is well suited to irrigated crops. It is limited mainly by content of gypsum and the susceptibility to piping and sinkholes. Sprinkler irrigation can be used, but water should be applied slowly to minimize runoff. Pipe, ditch lining, or drop structures in irrigation ditches facilitate irrigation and help to control erosion. Returning crop residue to the soil or regularly adding other organic material improves fertility, reduces crusting, and increases the water intake rate. Crops respond well to applications of nitrogen and phosphorus fertilizer. Crops suitable for this soil include alfalfa and small grains. This unit is suited to homesite development. The shrink -swell potential is a limitation. It can be minimized by prewetting the foundation area. Areas adjacent to hillsides are occasionally affected by runoff, which may be accompanied by the movement of rock debris. Population growth has resulted in increased • construction of homes in areas of this soil. This map unit is in capability subclass IVe, irrigated and nonirrigated. It is in the Rolling Loam range site. 115—Yamo loam, 6 to 12 percent slopes. This deep, well drained soil is on fans and toe slopes. It formed in colluvium derived dominantly from sandstone, shale, and gypsum. Elevation is 6,200 to 7,500 feet. The average annual precipitation is 10 to 14 inches, the average annual air temperature is 40 to 44 degrees F, and the average frost -free period is 85 to 105 days. Typically, the surface layer is Tight brownish gray loam about 8 inches thick. The subsoil is loam about 6 inches thick. The substratum to a depth of 60 inches or more is loam. Thin strata of material that ranges from gravelly clay loam to sand are common below a depth of 40 inches. Included in this unit are small areas of Forelle and Mussel soils and small areas of Gypsiorthids. Also included are small areas of soils that are similar to the Yamo soil but have a more alkaline subsoil and support some greasewood vegetation. Included areas make up about 20 percent of the total acreage. Permeability is moderate in the Yamo soil. Available water capacity is high. The effective rooting depth is 60 inches or more. Runoff is medium, and the hazard of water erosion is slight. This unit is used mainly as rangeland, hayland, or pasture. It also is used for homesite development. The potential plant community on this unit is mainly western wheatgrass, bluebunch wheatgrass, Indian ricegrass, prairie junegrass, Wyoming big sagebrush, and Douglas rabbitbrush. Other plants that characterize this site are needleandthread, bottlebrush squirreltail, and Sandberg bluegrass. The average annual production of air-dry vegetation is about 800 pounds per acre. If the range condition deteriorates, Wyoming big sagebrush, Douglas rabbitbrush, cheatgrass, and annual weeds increase in abundance. Range seeding may be needed if the range is in poor condition. For successful seeding, a seedbed should be prepared and the seed drilled. The plants selected for seeding should meet the seasonal requirements of livestock, wildlife, or both. This unit is suited to homesite development. The main limitation is the slope in the steeper areas. The shrink -swell potential is also a limitation. It can be minimized by prewetting the foundation area. Areas adjacent to hillsides are occasionally affected by runoff, which may be accompanied by the movement of rock debris. This map unit is in capability subclass IVe, irrigated and nonirrigated. It is in the Rolling Loam range site. • TABLE 12. --CONSTRUCTION MATERIALS 4111 (Some terms that describe restrictive soil features are defined in the Glossary. See text for definitions of "good," 'fair," and other terms. Absence of an entry lndtcates that the soil was not rated. The information In this table indicates the dominant soli uundltion but does not eliminate the need for onsite investigation) Soil name and map symbol Roadfill Sand Gravel Topsoil Rock outcrop. 13*: Atencio Ateltine 38 Evanston 55•: Gypsum land. Gypsiorthids • 69 • Kilgore Rock outcrop. 106*: Tridell------------- Srownsto 114, 115 Yamo Good Good Probable (Probable - Poor: I small stones, area reclaim. Probable (Probable Poor: I I too sandy, I I small stones, I I area reclaim. Good (Improbable: (Improbable: (Good. excess fines. ( excess fines. Poor: area reclaim, slope. Fair: wetness. Poor: slope. Poor: slope. Good Improbable: excess fines. Improbable: excess fines_ Poor: area reclaim, slope. Probable Improbable: excess fines. Improbable: excess fines. Improbable: excess fines. Probable - Improbable: excess fines. Improbable: excess fines. Improbable: excess fines. Poor: small stones, area reclaim. Poor: small stones, slope. Poor: small stones, area reclaim, slope. Poor: small stones. • See description of the map unit for composition and behavior characteristics of the map unit. TABLE 14. --ENGINEERING INDCX PROPERTIES (The symbol < means less than; > means more than. Absence of an entry indicates that data were not estimated) 1 Classification IFrag- I Percentage passing 1 Soil name and !Depth) USDA texture 1 1 Iments 1 sieve number-- 'Liquid 1 Plas- map symbol I 1 I Unified 1 AASHTO 1> 3 1 1 I 1 limit l ticity I I I I )inches) 4 1 10 40 1 200 1 1 index Rock outcrop. 13*: Atencio Azeltine 38, 39 Evanston 55*: Gypsum land. Gypsiorthids---- 69------ Kllgore • 0-10 Sandy loam 10-24 Gravelly sandy clay loam, sandy clay loam, gravelly sandy loam. 24-30 Gravelly sandy clay loam, gravelly sandy loam. 30-60 Extremely cobbly sand, very gravelly sand. 0-9 9-16 16-60 Gravelly sandy loam. Gravelly sandy loam, gravelly loam. Extremely gravelly sand. SM SC SM -SC, GM -GC SF, GP, SP-sM, GP -GM SM, SM -SC, GM, GM -GC GM -GC. SM -SC, GC. SC GP 0-14ILoam IML 14-311Loam, clay loam ICL 31-601Loam ICL -ML I I 0-8 8-23 23-39 39 0-4 4-25 25-29 29-60 A-2 A-2, A-6 A-2 A-1 A-2, A-4 A-2, A-4. A-6 A-1 0-5 0-5 5-10 20-60 0-5 0-5 15-30 IA -4 1 0 IA -6 1 0 IA -4 1 0 Fine sandy loam ML, SM, A-4, A-2 CL -ML, SM -SC Fine sandy loam, ML, SM, A-4, A-2 loam. CL -ML, SM -SC Fine sandy loam, ML, SM A-4, A -Z loam. Weathered bedrock -- Silt loam --------ICL IA -6 Silt loam, loam, ICL -ML. CL IA -6, A-4 0-5 0-5 0-5 75-100 65-90 50-80 40-60 60-85 60-85 25-40 95-100 95-100 95-100 75-100 50-90 50-75 35-55 50-75 50-75 20-35 95-100 95-100 95-100 100 90-100 100 90-100 100 190-100 0 195-100 90-95 0 195-100 85-95 clay loam. 1 I 1 1 Very gravelly ISM, GM IA -1 110-15 150-60 sandy loam, very) l 1 I gravelly coarse 1 1 1 I sandy loam. 1 1 1 I Very gravelly IGP, GP-GM,IA-I 10-30 135-55 loamy sand, very► GM, SP 1 1 I gravelly sand. 1 1 1 I I 1 I I See footnote at end of table. 30-45 30-50 50-65 35-65 40-65 10-35 40-65 40-65 10-20 70-85 70-90 65-85 50-90 50-90 50-80 20-30 25-45 15-30 0-10 25-40 25-50 0-5 50-70 50-70 50-60 25-65 25-60 15-60 75-90 170-80 75-90 70-80 20-30 110-20 15-35 1 0-15 15-20 20-30 15-25 20-30 25-35 30-35 25-35 20-30 NP -5 10-15 5-10 NP NP -10 5-15 NP 5-10 10-15 5-10 20-35 NP -10 20-35 NP -10 20-35 NP -10 30-35 10-15 25-40 5-20 15-20 NP -5 NP TABLE 14. --ENGINEERING INDEX PROPERTIES --Continued 1 I 1 Classification IPrag- 1 Soil name and IDepthi USDA texture 1 1 Iments 1 Percentage passing 1 sieve number-- !Liquid I Plae- map symbol 1 1 1 Unified 1 AASHTO 1> 3 1 1 P I 1 I 1 1 linches1 4 1 10 1 40 1 200 limit 1 ticity I index Rock outcrop. 1061: Tridell------ Drownsto 0-2 2-37 37-60 0-11 11-30 30-60 Stony sandy loam Very cobbly fine sandy loam. extremely gravelly sandy loam, very stony fine sandy loam. Very gravelly sand, extremely gravelly sand, extremely cobbly sand. Stony sandy loam Very gravelly sandy loam, very cobbly sandy loam. Very gravelly loamy sand, gravelly sandy loam, very gravelly sandy loam. CL -14L, SM -SC GM, GM -GC GP A-4, A-2 A-1, A-2 A-1 GM -GC, A-4, A-2 SM -SC GM A-1 GM, SM, A-1 GP -GM, SP -SM 20-30 35-50 30-45 75-95 45-55 35-45 70-90 40-50 30-40 60-80 30-40 20-30 30-60 15-30 0-5 30-45 60-70 55-65 45-55 25-45 15-35 50-60 45-55 25-35 15-25 10-20 50-65 45-60 25-35 10-20 20-30 15-3D 25-30 5-10 NP -10 NP 5-10 NP NP 114, 115, 116----1 0-8 (Loam -IML, CL -ML 1A-4 0 180-100175-100160-90 150-65 1 15-25 I NP -10 Yam° 1 8-14ILoam, clay loam ICL -ML, CL 1A-44 A-6 0 180-100175-100160-90 150-75 1 20-30 1 5-15 114-601Loam, clay loam ICL -ML, CL 1A-4, A-6 1 0-5 180-100175-100160-90 150-75 1 20-30 1 5-15 I 1 I I' 1 1 1 I 1 1 I " See description of the map unit for composition and behavior characteristics of the map unit. • GS,- 230 flC.1 • • CERISE RANCH GARFIELD & EAGLE COUNTIES. COLORADO POTENTIAL GEOLOGIC HAZARDS • • • SW 11 $[ r/1 SECV01,1s"9 r I SECtJQN 28 ' vn+a•r r a tIontom Raw ,k! a Gr Ri LEGEND: Sub Pus Dbf1,2 Potential subsidence hazard area Potentially unstable slopes Potential debris flow hazard. Numeral indicates relative degree of risk. 2 is higher risk than 1 Indicates approximate geologic hazard boundary. 1 r O. fAla.2 DOLF51 MEOW 22. Ca/THOMPSON, INC. ^.pV5V.19Mt. ENCOME615 Li• sup s•s • semen !+.c tam.* • art, fs-sr I ammo F GQ 4i aia!/m .5.-2Y64 6/1 u 01.1 71.0 00/.210.10 11 2 • • • cerise RANCH Traffic Impact Analysis comprehensive pian amendment planned unit development and sketch plan • • July 21, 1998 Mr. Douglas J. Pratte The Land Studio 100 Elk Run Drive, Suite 122 Basalt, CO 81621 Dear Mr. Pratte: LEIGH. SCOTT & CLEARY, INC. TRANSPORTATION PLANNING . TRAFFIC ENGINEERING CONSULTANTS 1889 York Street Denver, CO 80206 (303) 333-1105 FAX (303) 333-1107 Re: Cerise Ranch Garfield County, CO (LSC #971350) As requested, we have completed an updated traffic impact analysis of the proposed Cerise Ranch Subdivision to be located north of State Highway 82 (SH 82) just west of the Garfield/Eagle County Line in Garfield County, Colorado. This letter report supersedes an earlier report dated October 29, 1998, due to changes in the land use and additional site area. The revised site plan. at buildout, would consist of about 386 single- and multi -fancily residential homes. The remainder of this report presents our findings concerning the traffic impacts of the proposed development. xisting Roadways and Traffic Figure 1, enclosed, illustrates the site location together with existing lane geometry and traffic controls. As indicated, the project site is located north of SH 82, just east of the Garfield/Eagle County Line and east of the Town of El Jebel. The nearby reach of SH 82 is a four -lane, east/ west roadway with auxiliary tum lanes provided at all major intersections. The section of road- way near the site is classified as a Category 3 State Highway. The intersection of SH 82 and the nearby access road to the Dakota Subdivision is controlled Lir a north facing Stop sign and the posted speed limit on SH 82 in the vicinity of the site is 65 mph. Figure 1 also illustrates the results of weekday morning and evening peak -hour turning move- ment traffic counts at the intersection of SH 82 with the Dakota subdivision access. In addition to the turning movement counts. 24-hour machine counts were also conducted on SH 82 near the site. These data are based on counts conducted on October 21, 1997 by Counter Measures, Inc. (complete data printouts are enclosed). Peak -hours were found to occur between 6:45 and 7:45 AM and from 5:00 to 6:00 PM. Estimated Traffic Generation Based on applicable formulae cited in the current edition of "Trip Gcrrcratiorz", published by the Institute of Transportation Engineers, the following traffic generation estimates have been calculated for the Cerise Ranch Subdivision at buildout. The results of these calculations are shown in Table 1. • Mr. Douglas J. Pratte • Page 2 July 21, 1998 T7t.ble 1 ESTIMATED TRAFFIC GENERATION Cerise Ranch SuLfiivision Total Vehicle -Trips (1) Morning Evening Average Peak -Hour Peak -Hour_ Assumed Trip Weekday Land UsQ Generation Units Trete. lei Out In Out Rental Units (MF) 100 d.u. (2) 734 8 44 49 24 Single -Family Hornes 86 d.u. 902 17 52 60 34 Multi -Family Homes 200 d.u. 1173 1-a a. la Total 2,809 40 170 182 94 Notes: (1) Based on Formulae cited in "Trip Generation", Institute of Transporlation Engineers, 6th Edition, Categories 210, 220 and 230. (2) Dwelling Units.. As indicated in Table 1, the Cerise Ranch subdivision would generale about 2,809 vehicle -trips during an average weekday (1,405 entering and 1,405 exiting vehicle -trips in a 24-hour period). During the morning peak -hour, a total of 214 vehicle -trips would enter and exit the site, while in the evening 276 vehicle -trips would enter and exit. Although a public transit stop is being considered on SH 82 in front of the site, no reduction to project -generation traffic was done. These totals do not assume the provision of potential bus service along SH 82. Such service could substantially reduce the amount of peak -hour project -generated traffic. Estimated Traffic Distribution and Assignment One of the most important factors to be considered when evaluating the traffic impacts of this development is the directional distribution of site -generated traffic onto the surrounding roadway system. A number of factors influence this distribution including the relative location of the site with respect to the area it will serve, existing Waffle patterns in the vicinity, and the site's specific access plan. Figure 2 reflects our distribution projections for the Cerise Ranch subdivision, together with the amount of average weekday traffic to be contributed by the project to SH 82. Figure 2 also illustrates the assignment of protect -generated peak -hour traffic for the proposed development to each of the two proposed site access points along SH 82. • Mr. Douglas J. Pratte Total Projected_Traffic Page 3 July 21, 1998 Total projected future traffic is the sum of site -generated traffic and background traffic, which includes all other traffic on the roadway system. Future Year 2015 background traffic was derived by expanding present traffic volumes on SH 82 using a 1.6 growth factor from the CDOT 1995 Trciffic Data, report. Figure 3 illustrates the 2015 background traffic. The combined project - generated traffic (Figure 2) and existing traffic volumes (Figure 1) for the morning and evening peak -hours are shown in Figure 4. Similarly, the combined project -generated traffic and 2015 background traffic volumes (Figure 3) for the commuter peak -hours are shown in Figure 5. These projections represent total traffic activity for both near and longterm planning purposes. Estimated Traffic Impacts During the commuter peak -hours, the primary traffic impacts for the proposed development will be at the project's two proposed access points on SH 82. In order to assess these impacts, related capacity analyses have been performed. The methodology used is that presented in the nationally accepted Highway Capacity Manua/ published by the Transportation Research Board of the National Academy of Sciences. The concept of Level of Service (LOS) is used as a basis for computing combinations of roadway operating conditions. By definition, six different Levels of Service are used (A, B, C, D, E, and F) with "A" being a relatively free-flow condition and "E" representing the "'capacity' of a given intersection or traffic movement. The following tabulation summarizes the results of our LOS analyses for the proposed Cerise Ranch Subdivision project (actual computer analysis printouts are enclosed): Table 2 LEVEL OF SERVICE SUMMARY Cerise Ranch Subdivision AM Peak - Hour PM Peak - Hour Intersection Level Intersection Level Delay of Delay of IntersectiQQs (secondsi Service .(seconds) Service SH 82/East Site Access Existing + Site Traffic 2.2 A 1.6 A 2015 + Site Traffic 18.4 C 14.6 C SH 82/Middle Site Existing + Site 2.1 A 2.2 A Access 2015 + Site Traffic 15.1 C 23.4 SH 82/West Site Access Existing + Site Traffic 0.0 A 0.0 A 2015 + Site Traffic 0.1 A 0.0 A Mr. Douglas J. Pratte Page 4 July 21, 1998 As indicated, projected operating conditions at the proposed intersection of SH 82/middle site access will deteriorate by 2015 with an increase of about 21 seconds in overall average delay during the evening peak -hour. The east site access driveway would operate at Level of Service "A" during the morning and evening peak -hours with the addition of buildout traffic and would operate at LOS "C" during both peak commuter periods by 2015. The west access will carry light traffic and will operate at Level of Service "K through 2015. It should be noted that during the commuter peak -hours some delays will occur for the southbound to eastbound left -turns at the site's access points due to the heavy through traffic. To conform to the requirements of the recently revised • •, ...+ .. r•. two of the three site access points on SH 82 will require auxiliary lanes. Both the east and middle site access points will need a westbound to northbound right -turn deceleration lane and a south- bound to eastbound left -turn acceleration lane. Based on the Code's proposed 65 mph design criteria. the right -turn deceleration lanes should have a minimum length of 800 feet which includes a 300 -foot taper. while the left -turn acceleration lanes should have a length of 1,380 feel which also includes a 300 -foot taper. In addition to these auxiliary lanes, the middle site access point should also provide a southbound to westbound right -turn acceleration lane. while both the east and middle access points should provide an eastbound to northbound left -turn deceleration lane. The right -turn acceleration lane should have a total length of 1,380 feet, while the middle access point's left -turn lane should have a total Length of 850 feel and the eastern access point left -turn lane should have a total length of 825 feet. The middle access left -turn lane includes a storage length of 50 feet while the eastern access point includes storage of 25 feet. Because of very light traffic. the west access will not require speed change lanes. These recommended improvements are shown in Figure 6. Summary and Conclusion Based on the analyses presented herein, the following summarizes our findings relative to the traffic impacts of the proposed Cerise Ranch Subdivision project. 1. At buildout, the proposed project is expected to generate 2,809 vehicle -trips (1.405 in and 1,405 out) during an average weekday. Of these. 40 would enter and 170 would exit during the morning commuter peak -hour. During the evening peak period, 182 and 94 would enter and exit the site. 2. The directional distribution of site -generated traffic is expected to be oriented along SH 82 with 60 percent towards the east and 40 percent towards the west. 3. Auxiliary lanes will be required at the middle and eastern proposed site access points. The middle site access point will need both left- and right -turn acceleration and deceleration lanes while the eastern access will need a left -turn acceleration lane and left- and right -turn deceleration lanes. • Mr. Douglas J. Pratte Page 5 July 21, 1998 4. Since a SH 82 bus stop at Cerise Ranch is likely, a portion of trips generated by this site, especially to and from the multi -family homes.. would likely shift to the transit mode, thus reducing project -generated traffic. We trust. that this information will assist with further planning for the Cerise Ranch Subdivision project. Please call if we can be of additional assistance. Respectfully submitted, LEIGH, SCOTT & CLEARY, INC. By Philip i.Sco III, P.C. • PNS/JL/wd • Enclosures: Figures 1 - 6 Computer Analyses Traffic Counts C:\PRA]ECT .1997\971350\R2-cERA. WPD • • 1 L 1 SITE 2E9 1,141 14.44 1,124 Aga Dakota Subdivision 18,250 1.$23 484 263 1,133 / LEGEND: 18$250 - Average Weekday Traffic = Stop Sign AM Peck -Hour Traffic PM Peak -Hour Traffic LEIGH, SCOTT & CLEARY, INC.I. Lb 0 r G Approx Scale 1"' = 2,000' El Jebel f Joure 1 Site Location, Existing Lane Geometry, Traffic Controls and 1997 Traffic Cerise Ranch (LSC #971350) • • 40% (1,124) SITE Dakota Subdivision 16 -_ 72 67 37 LEGEND: 513 50 122 60% 60%_ ) 5+ i 5 15 17 10 10: 55 40% Percentage of Project Traffic ,1 Project Average Weekday Traffic 17 _ AM Peak—Hour Traffic g PM Peak—Hour Traffic LEIGH, SCOTT & CLEARY, INC. L2. Approx Scale = 2,000' El Jebel Figure 2 Directional Percentage and Project -Generated Traffic Cerise Ranch (LSC #971350) July, 1995, • • • SITE Dakota Subdivision LEGEND: 430 AM Peak—Hour Traffic 1.825 PM Peek --Hour Traffic Note: 2015 Background Traffic represents Existing Traffic expanded by a T.& Growth Factor indicated in the COOT Traffic Data Report, \reimmLEIGH, SCOTT & CLEARY, INC Approx Scale 1` = 2,000' El Jebel 2015 Background Traffic • • • SITE Dakota Subdivision Approx. Scale 1" = 2.000 1 cp 4--7- \\\„, 1,140 -.4---. 565 336 50 50 5:1J1 1: r , �a 1.'29 511 2E6 1,151 17 AM Peek -Hour Traffic - PM Peak -Hour Traffic IllbsirsLEIGH, SCOTT & CLEARY, INC. 1$ 17 51 El Jebel 455 1,175 J 521 ?97 / L195 Figure 4 Existing Plus Project -Generated Traffic Cerise Ranch (LSC #971350) July, 1998f • • • SITE Dakota Subdivision 0 ilk 1,825 ..�t 855 544 1.855 LEGEND: 5 50 TO - 15 3.0j SO 5.1j .15 e o 450 1.835 1.I+4 55 Ak1 Peak -Hour Traffic 30 Pm Peak—Hour Traffic koillogmLEIGH, SCOTT & CLEARY. INC. 20 55 20 1s ., 455 1.t?50 820 ass . Approx Scale 1' = 2,000' El Jebel Firjt_:r!? 5 2015 Background Plus Project -Generated Traffic Cerise Ranch (LSC # 71350) July, 193 l • II J SITE • ober Site Eastern Access 1 825. ".380, Dakota Subdivision S;te Western Access \LEIGH, SCOTT & CLEARY, INC El Jebel Approx. Scale 1„ _ 2,OOO' Fig' .,re 6 Recommended Improvements Cerise Ranch July.. 1998 (LSC H97b350) LEIGH, SCOTT AND CLEARY, INC. 1889 York Street Denver, CO 80206 - Ph: (303) 333-1105 411 Streets: (N -S) SITE EASTERN ACCESS Major Street Direction.... EW Length of Time Analyzed... 15 (min) Analyst JL Date of Analysis 7/20/98 (E --W) STATE HIGHWAY 82 Other Information EXISTING PLUS SITE -GENERATED TRAFFIC, A M PEAK Two-way Stop -controlled Intersection No. Lanes Stop/Yield Volumes PHF Grade MC's (%) SU/RV's (%) CV's (%) PCE's Eastbound L T R 1 2 0 4 1175 .95 .95 0 1.10 Vehicle Maneuver N Westbound L T R 0 2 1 N 281 12 .95 .95 0 Northbound L T R 0 0 0 Southbound L T R 1 0 1 51 17 .95 .95 0 1.10 1.10 Adjustment Factors Critical Gap (tg) Follow-up Time (tf) Left Turn Major Road Right Turn Minor Road Through Traffic Minor Road Left Turn Minor Road 5.50 5.50 6.50 7.00 2.10 2.60 3.30 3.40 HCS: Unsignalized Intersections Release 2.1f CR2AM99.HCO Page 2 Worksheet for TWSC Intersection 411 Step 1: RT from Minor Street NB SB Conflicting Flows: (vph) 148 Potential Capacity: (pcph) 1165 Movement Capacity: (pcph) 1165 Prob. of Queue -Free State: 0.98 Step 2: LT from Major Street WB EB Conflicting Flows: (vph) 309 Potential Capacity: (pcph) 1170 Movement Capacity: (pcph) 1170 Prob. of Queue -Free State: 1.00 Step 4: LT from Minor Street NB SB Conflicting Flows: (vph) Potential Capacity: (pcph) Major LT, Minor TH Impedance Factor: Adjusted Impedance Factor: Capacity Adjustment Factor due to Impeding Movements Movement Capacity: (pcph) 1538 110 1.00 1.00 1.00 110 411 Intersection Performance Summary • Avg. 95% Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph)(sec/veh) (veh) (sec/veh) SB L 59 110 65.5 2.1 F 49.9 SB R 20 1165 3.1 0.0 A EB L 4 1170 3.1 0.0 A 0.0 Intersection Delay - 2.2 sec/veh LEIGH, SCOTT AND CLEARY, INC. 1889 York Street Denver, CO 80206 - Ph: (303) 333-1105 Streets: (N -S) SITE EASTERN ACCESS (E -W) STATE HIGHWAY 82 Major Street Direction.... EW Length of Time Analyzed... 15 (min) Analyst ,]L. Date of Analysis 7/20/98 Other Information EXISTING PLUS SITE -GENERATED TRAFFIC, P M PEAK Two-way Stop -controlled Intersection No. Lanes Stop/Yield Volumes PHF Grade MC's (o) SU/RV's (%) CV's (%) PCE's Eastbound L T R Westbound L T R 1 2 0 0 2 1 N N 18 521 1196 55 .95 .95 .95 .95 0 0 1.10 Northbound L T R 0 0 0 Southbound L T R 1 0 1 28 9 .95 .95 0 1.10 1.10 Adjustment Factors Vehicle Critical Follow-up Maneuver Gap (tg) Time (tf) Left Turn Major Road Right Turn Minor Road Through Traffic Minor Road Left Turn Minor Road 5.50 5.50 6.50 7.00 2.10 2.60 3.30 3.40 • HCS: Unsignalized Intersections Release 2.1f CR2PM99.HCO Page 2 Worksheet for TWSC Intersection Step 1: RT from Minor Street NB SB Conflicting Flows: (vph) 630 Potential Capacity: (pcph) 664 Movement Capacity: (pcph) 664 Prob. of Queue -Free State: 0.98 Step 2: LT from Major Street WB EB Conflicting Flows: (vph) 1317 Potential Capacity: (pcph) 337 Movement Capacity: (pcph) 337 Prob. of Queue -Free State: 0.94 Step 4: LT from Minor Street NB SB Conflicting Flows: (vph) 1826 Potential Capacity: (pcph) 72 Major LT, Minor TH Impedance Factor: 0.94 Adjusted Impedance Factor: 0.94 Capacity Adjustment Factor due to Impeding Movements 0.94 Movement Capacity: (pcph) 68 410 Intersection Performance Summary • Avg. 95% Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph)(sec/veh) (veh) (sec/veh) SB L 32 68 93.2 1.5 F 71.9 SB R 10 664 5.5 0.0 B EB L 21 337 11.4 0.1 C 0.4 Intersection Delay = 1.6 sec/veh LEIGH, SCOTT AND CLEARY, INC. 1889 York Street Denver, CO 80206 - Ph: (303) 333-1105 Streets: (N -S) SITE MIDDLE ACCESS (E -W) STATE HIGHWAY 82 Major Street DirectionEW Length of Time Analyzed15 (min) Analyst JL Date of Analysis 7/20/98 Other Information EXISTING PLUS SITE -GENERATED TRAFFIC, A M PEAK Two-way Stop -controlled Intersection No. Lanes Stop/Yield Volumes PHF Grade MC's (%) SU/RV's (%) CV's (%) PCE's Eastbound L T R 1 2 12 1129 .95 .95 0 0 N Westbound L T R 0 2 1 N 286 12 .95 .95 0 Northbound L T R 0 0 0 Southbound L T R 1 0 1 50 50 .95 .95 0 1.10 1.10 Vehicle Maneuver Adjustment Factors Critical Follow-up Gap (tg) Time (tf) Left Turn Major Road Right Turn Minor Road Through Traffic Minor Road Left Turn Minor Road 5.50 5.50 6.50 7.00 2.10 2.60 3.30 3.40 • HCS: Clnsignalized Intersections Release 2.1f CR3AM99.HCO Page 2 Worksheet for TWSC Intersection Step 1: RT from Minor Street NB SB Conflicting Flows: (vph) 150 Potential Capacity: (pcph) 1162 Movement Capacity: (pcph) 1162 Prob. of Queue -Free State: 0.95 Step 2: LT from Major Street WB EB Conflicting Flows: (vph) Potential Capacity: (pcph) Movement. Capacity: (pcph) Prob. of Queue -Free State: Step 4: LT from Minor Street Conflicting Flows: (vph) Potential Capacity: (pcph) Major LT, Minor TH Impedance Factor: Adjusted Impedance Factor: Capacity Adjustment Factor due to Impeding Movements Movement Capacity: (pcph) 314 1163 1163 0.99 NB SB 1502 116 0.99 0.99 0.99 115 410 Intersection Performance Summary • Avg. 95% Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph)(sec/veh) (veh) (sec/veh) SB L 58 115 59.6 2.0 F 31.4 SB R 58 1162 3.3 0.0 A EB L 14 1163 3.1 0.0 A 0.0 Intersection Delay = 2.1 sec/veh LEIGH, SCOTT AND CLEARY, INC. 1889 York Street Denver, CO 80206- Ph: (303) 333-1105 411 Streets: (N --S) SITE MIDDLE ACCESS (E -W) STATE HIGHWAY 82 Major Street DirectionEW Length of Time Analyzed15 (min) Analyst JL Date of Analysis 7/20/98 Other Information. EXISTING PLUS SITE -GENERATED TRAFFIC, P M PEAK Two-way Stop -controlled Intersection No. Lanes Stop/Yield Volumes PHF Grade MC's (%) SU/RV's (%) CV's (%) PCE's Eastbound L T R 1 2 0 N 54 511. .95 .95 0 1.10 Westbound L T R 0 2 1 N 1151 54 .95 .95 0 Northbound L T R 0 0 0 Southbound L T R 1 0 1 28 28 .95 .95 0 1.10 1.10 411 Adjustment Factors Vehicle Critical Follow-up Maneuver Gap (tg) Time (tf) Left Turn Major Road Right Turn Minor Road Through Traffic Minor Road Left Turn Minor Road • 5.50 5.50 6.50 7.00 2.10 2.60 3.30 3.40 • HCS: Unsignalized Intersections Release 2.1f CR3PM99.HCO Page 2 Worksheet for TWSC Intersection Step 1: RT from Minor Street NB SB Conflicting Flows: (vph) 606 Potential Capacity: (pcph) 683 Movement Capacity: (pcph) 683 Prob. of Queue -Free State: 0.95 Step 2: LT from Major Street WB EB Conflicting Flows: (vph) 1269 Potential Capacity: (pcph) 357 Movement Capacity: (pcph) 357 Prob. of Queue -Free State: 0.82 Step 4: LT from Minor Street NB SB Conflicting Flows: (vph) Potential Capacity: (pcph) Major LT, Minor TH Impedance Factor: Adjusted Impedance Factor: Capacity Adjustment Factor due to Impeding Movements Movement Capacity: (pcph) 1808 74 0.82. 0.82 0.82 61 410 Intersection Performance Summary Avg. 95% Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph)(sec/veh) (veh) (sec/veh) SB L 32 61 111.3 1.6 F 58.4 SB R 32 683 5.5 0.0 B EB L 63 357 12.2 0.6 C 1.2 Intersection Delay = 2.2 sec/veh • LEIGH, SCOTT AND CLEARY, INC. 1889 York Street Denver, CO 80206 - Ph: (303) 333-1105 411 Streets: (N -S) SITE WEST ACCESS (E -W) STATE HIGHWAY 82 Major Street Direction.... EW Length of Time Analyzed... 15 (rein) Analyst JL Date of Analysis 7/20/98 Other Information EXISTING PLUS SITE -GENERATED TRAFFIC, A M PEAK Two-way Stop -controlled Intersection No. Lanes Stop/Yield Volumes PHF Grade MC's (%) SU/RV's (a CV's (%) PCE's ) Eastbound L T R 0 0 1140 .95 .95 0 1.10 0 N Westbound L T R 0 2 < 0 N 336 0 .95 95 0 Northbound L T R 0 0 0 410 Adjustment Factors • Southbound L T R 0 > 0 < 0 1 1 .95 .95 0 1.10 1.10 Vehicle Critical Follow-up Maneuver Gap (tg) Time (tf) Left Turn Major Road Right Turn Minor Road Through Traffic Minor Road Left Turn Minor Road 5.50 5.50 6.50 7.00 2.10 2.60 3.30 3.40 • • • HCS: Unsignalized Intersections Release 2.1f CR4AM99.HCO Page 2 Worksheet for TWSC Intersection Step 1: RT from Minor Street NB SB Conflicting Flows: (vph) 177 Potential Capacity: (pcph) 1126 Movement Capacity: (pcph) 1126 Prob. of Queue -Free State: 1.00 Step 2: LT from Major Street WB EB Conflicting Flows: (vph) 354 Potential Capacity: (pcph) 1107 Movement Capacity: (pcph) 1107 Prob. of Queue -Free State: 1.00 TH Saturation Flow Rate: (pcphpl) 3400 RT Saturation Flow Rate: (pcphpl) Major LT Shared Lane Prob. of Queue -Free State: 1.00 Step 4: LT from Minor Street NB SB Conflicting Flows: (vph) Potential Capacity: (pcph) Major LT, Minor TH Impedance Factor: Adjusted Impedance Factor: Capacity Adjustment Factor due to Impeding Movements Movement Capacity: (pcph) 1554 107 1.00 1.00 1.00 107 Intersection Performance Summary Avg. 95% Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (Pcph)(sec/veh) (veh) (sec/veh) SB L 1 107 > 195 18.7 0.0 C 18.7 SB R 1 1126 > EB L 0 1107 3.3 0.0 A 0.0 Intersection Delay = 0.0 sec/veh LEIGH, SCOTT AND CLEARY, INC. 1889 York Street Denver, CO 80206 - Ph: (303) 333-1105 Streets: (N -S) SITE WEST ACCESS (E -W) STATE HIGHWAY 82 Major Street Direction.... EW Length of Time Analyzed... 15 (min) Analyst JL Date of Analysis 7/20/98 Other Information EXISTING PLUS SITE -GENERATED TRAFFIC, P M PEAK Two-way Stop -controlled Intersection. No. Lanes Stop/Yield Volumes PHF Grade MC's (%) SU/RV's (%) CV's (%) PCE's Eastbound Westbound L T R L T R 0> 2 0 0 2< 0 N N 1 565 1178 1 .95 .95 .95 .95 0 0 1.10 Northbound L T R 0 0 0 Southbound L T R 0 > 0 < 0 0 1 .95 .95 0 1.10 1.10 411 Adjustment Factors Vehicle Critical Follow-up Maneuver Gap (tg) Time (tf) Left Turn Major Road Right Turn Minor Road Through Traffic Minor Road Left Turn Minor Road • 5.50 5.50 6.50 7.00 2.10 2.60 3.30 3.40 • • HCS: Unsignalized Intersections Release 2.1f CR4PM99.HCO Page 2 Worksheet for TWSC Intersection Step 1: RT from Minor Street NB SB Conflicting Flows: (vph) 620 Potential Capacity: (pcph) 672 Movement Capacity: (pcph) 672 Prob. of Queue -Free State: 1.00 Step 2: LT from Major Street WB EB Conflicting Flows: (vph) 1241 Potential Capacity: (pcph) 370 Movement Capacity: (pcph) 370 Prob. of Queue -Free State: 1.00 TH Saturation Flow Rate: (pcphpl) 3400 RT Saturation Flow Rate: (pcphpl) Major LT Shared Lane Prob. of Queue -Free State: 1.00 Step 4: LT from Minor Street NB SB Conflicting Flows: (vph) Potential Capacity: (pcph) Major LT, Minor TH Impedance Factor: Adjusted Impedance Factor: Capacity Adjustment Factor due to Impeding Movements Movement Capacity: (pcph) 1836 71 1.00 1.00 1.00 71 Intersection Performance Summary Avg. 95% Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph)(sec/veh) (veh) (sec/veh) SB L 0 71 > SB R 1 672 > EB L 1 370 672 5.4 0.0 B 5.4 9.8 0.0 B 0.0 Intersection Delay = 0.0 sec/veh ..."�............. . LEIGH, SCOTT AND CLEARY, INC. 1889 York Street Denver, CO 80206 - Ph: (303) 333-1105 411 Streets: (N -S) SITE EASTERN ACCESS (E -W) STATE HIGHWAY 82 Major Street Direction.... EW Length of Time Analyzed... 15 (min) Analyst JL Date of Analysis 7/20/98 Other Information 2015 BACKGROUND PLUS SITE -GENERATED TRA FFIC, AM PEAK Two-way Stop -controlled Intersection No. Lanes Stop/Yie1d Volumes PHF Grade MC's (%) SU/RV's (%) CV's (%) PCE's Eastbound L T R 1 2 0 N 5 1860 .95 .95 0 11.10 Westbound L T R 0 2 1 N 445 15 .95 .95 0 Northbound L T R 0 0 0 Southbound L T R 1 0 1 55 20 .95 .95 0 1.10 1.10 411 Adjustment Factors Vehicle Critical Follow-up Maneuver Gap (tg) Time (tf) Left Turn Major Road Right Turn Minor Road Through Traffic Minor Road Left Turn Minor Road • 5.50 5.50 6.50 7.00 2.10 2.60 3.30 3.40 411 Conflicting Flows: (vph) 234 Potential Capacity: (pcph) 1054 Movement Capacity: (pcph) 1054 Prob. of Queue -Free State: 0.98 hLS: unsignalized Intersections Release 2.1f CR2AM15.HCO Page 2 Worksheet for TWSC Intersection Step 1: RT from Minor Street NB SB • • Step 2: LT from Major Street WB EB Conflicting Flows: (vph) 484 Potential Capacity: (pcph) 942 Movement Capacity: (pcph) 942 Prob. of Queue -Free State: 0.99 Step 4: LT from Minor Street Conflicting Flows: (vph) Potential Capacity: (pcph) Major LT, Minor TH Impedance Factor: Adjusted Impedance Factor: Capacity Adjustment Factor due to Impeding Movements Movement Capacity: (pcph) NB SB 2431. 30 0.99 0.99 0.99 30 Intersection Performance Summary Avg. 95% Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph)(sec/veh) (veh) (sec/veh) SB L 64 30 799.5 5.6 F 587.3 SB R 23 1054 3.5 0.0 A EB L 6 942 3.8 0.0 A 0.0 Intersection Delay = 18.4 sec/veh f1 -o. U11.7J t�11i111t+Gu++Wyi.� u��u LEIGH, SCOTT AND CLEARY, INC. 1889 York Street Denver, CO 80206 - Ph: (303) 333-1105 411 Streets: (N -S) SITE EASTERN ACCESS • • (E --W) STATE HIGHWAY 82 Major Street DirectionEW Length of Time Analyzed15 (min) Analyst JL Date of Analysis 7/20/98 Other Information 2015 BACKGROUND PLUS SITE -GENERATED TRA FFIC, PM PEAK Two-way Stop -controlled Intersection No. Lanes Strap/Yield Volumes PHF Grade MC's (%) SU/RV's (%) CV's (%) PCE's Eastbound L T R 1 2 0 20 820 .95 .95 0 1.10 N Westbound L T R 0 2 1 N 1880 55 .95 .95 0 Northbound 1 Southbound L T R 1 L T R 0 0 0 1 1 0 1 30 10 .95 .95 0 1.10 1.10 Adjustment Factors Vehicle Critical Follow-up Maneuver Gap (tg) Time (tf) Left Turn Major Road Right Turn Minor Road Through Traffic Minor Road Left Turn Minor Road 5.50 5.50 6.50 7.00 2.10 2.60 3.30 3.40 • HCS: Unsignalized Intersections Release 2.lf CR2PM15.HCO Page 2 Worksheet for TWSC Intersection Step 1: RT from Minor Street NB SB Conflicting Flows: (vph) 990 Potential Capacity: (pcph) 436 Movement Capacity: (pcph) 436 Prob. of Queue -Free State: 0.97 Step 2: LT from Major Street WB EB Conflicting Flows: (vph) 2037 Potential Capacity: (pcph) 138 Movement Capacity: (pcph) 138 Prob. of Queue -Free State: 0.83 Step 4: LT from Minor Street NB SB Conflicting Flows: (vph) Potential Capacity: (pcph) Major LT, Minor TH Impedance Factor: Adjusted Impedance Factor: Capacity Adjustment Factor due to Impeding Movements Movement Capacity: (pcph) 2863 16 0.83 0.83 0.83 411 Intersection Performance Summary • 13 Avg. 95% Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph)(sec/veh) (veh) (sec/veh) SB L 35 13 * 3.5 F * SB R 12 436 8.5 0.0 B EB L 23 138 31.2 0.5 E 0.7 Intersection Delay = 14.6 sec/veh * The calculated value was greater than 999.9. a.laa..va y..-v..w...rs... LEIGH, SCOTT AND CLEARY, INC. 1889 York Street Denver, CO 80206 - Ph: (303) 333-1105 411 Streets: (N -S) SITE MIDDLE ACCESS (E -W) STATE HIGHWAY 82 Major Street Direction.... EW Length of Time Analyzed... 15 (min) Analyst JL Date of Analysis7/20/98 Other Information 2015 BACKGROUND PLUS SITE -GENERATED TRA FFIC, AM PEAK Two-way Stop -controlled Intersection No. Lanes Stop/Yield Volumes PHF Grade MC's (%) SU/RV's (%) CV's (%) PCE's Eastbound. L T R 1 2 0 N 15 1810 .95 .95 0 1.10 Westbound L T R 0 2 1 N 450 15 .95 .95 0 Northbound L T R 0 0 0 Southbound L T R 1 0 1 50 50 .95 .95 0 410 Adjustment Factors Vehicle Critical Follow-up Maneuver Gap (tg) Time (tf) Left Turn Major Road Right Turn Minor Road Through Traffic Minor Road Left Turn Minor Road • 5.50 5.50 6.50 7.00 2.10 2.60 3.30 3.40 HCS: Unsignalized Intersections Release 2.1f CR3AM15.HCO Page 2 Worksheet for TWSC Intersection Step 1: RT from Minor Street NB SB Conflicting Flows: (vph) 237 Potential Capacity: (pcph) 1050 Movement Capacity: (pcph) 1050 Prob. of Queue -Free State: 0.94 Step 2: LT from Major Street WB EB Conflicting Flows: (vph) 490 Potential Capacity: (pcph) 935 Movement Capacity: (pcph) 935 Prob. of Queue -Free State: 0.98 Step 4: LT from Minor Street NB SB Conflicting Flows: (vph) Potential Capacity: (pcph) Major LT, Minor TH Impedance Factor: Adjusted Impedance Factor: Capacity Adjustment Factor due to Impeding Movements Movement Capacity: (pcph) 2395 31 0.98 0.98 0.98 30 Intersection Performance Summary Avg. 95% Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph)(sec/veh) (veh) (sec/veh) SB L 58 30 715.4 5.0 F 359.5 SB R 58 1050 3.6 0.0 A EB L 18 935 3.9 0.0 A 0.0 Intersection Delay = 15.1 sec/veh ;14U VA -L aaka LEIGH, SCOTT AND CLEARY, INC. 1889 York Street Denver, CO 80206 - Ph: (303) 333-1105 411 Streets: (N -S) SITE MIDDLE ACCESS (E -W) STATE HIGHWAY 82 Major Street Direction.... EW Length of Time Analyzed... 15 (min) Analyst JL Date of Analysis ... 7/20/98 Other Information 2015 BACKGROUND PLUS SITE -GENERATED TRA FFIC, PM PEAK Two-way Stop -controlled Intersection No. Lanes Stop/Yield Volumes PHF Grade MC's (%) SU/RV's (%) CV's (%) PCE's Eastbound L T R Westbound L T R 1 2 0 0 2 1 N N 55 810 1835 55 .95 .95 .95 .95 0 0 1.10 411 Adjustment Factors • Northbound L T R 0 0 0 Southbound L T R 1 0 1 30 30 .95 .95 0 1.10 1.10 Vehicle Critical Follow-up Maneuver Gap (tg) Time (tf) Left Turn Major Road Right Turn Minor Road Through Traffic Minor Road Left Turn Minor Road 5.50 5.50 6.50 7.00 2.10 2.60 3.30 3.40 HCS: Unsignalized Intersections Release 2.1f CR3PM15.HCO Page 2 Worksheet for TWSC Intersection Step 1: RT from Minor Street NB SB Conflicting Flows: (vph) 966 Potential Capacity: (pcph) 449 Movement Capacity: (pcph) 449 Prob. of Queue -Free State: 0.92 Step 2: LT from Major Street WB EH Conflicting Flows: (vph) 1990 Potential Capacity: (pcph) 146 Movement Capacity: (pcph) 146 Prob. of Queue -Free State: 0.56 Step 4: LT from Minor Street NB SB Conflicting Flows: (vph) Potential Capacity: (pcph) Major LT, Minor TH Impedance Factor: Adjusted Impedance Factor: Capacity Adjustment Factor due to Impeding Movements Movement Capacity: (pcph) 2843 16 0.56 0.56 0.56 9 Intersection Performance Summary Avg. 95% Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph)(sec/veh) (veh) (sec/veh) SB L 35 9 * 3.8 F * SB R 35 449 8.7 0.2 B EB L 64 146 42.6 1.8 E 2.7 Intersection Delay - 23.4 sec/veh * The calculated value was greater than 999.9. LEIGH, SCOTT AND CLEARY, INC. 1889 York Street Denver, CO 80206 - Ph: (303) 333-1105 411 Streets: (N -S) SITE WEST ACCESS (E -W) STATE HIGHWAY 82 Major Street DirectionEW Length of Time Analyzed15 (min) Analyst JL Date of Analysis7/20/98 Other Information 2015.BACKGROUND PLUS SITE -GENERATED TRA FFIC, AM PEAK Two-way Stop -controlled Intersection No. Lanes Stop/Yield Volumes PHF Grade MC's (%) SU/RV's (%) CV's (%) PCE's Eastbound L T R 0 > 2 0 N 0 1825 .95 .95 0 1.10 Westbound L T R 0 2 < 0 N 500 0 .95 95 0 Northbound L T R 0 0 0 Southbound L T R 0 > 0 < 0 1 1 .95 .95 0 1.10 1.10 Adjustment Factors Vehicle Critical Follow-up Maneuver Gap (tg) Time (tf) Left Turn Major Road Right Turn Minor Road Through Traffic Minor Road Left Turn Minor Road 5.50 5.50 6.50 7.00 2.10 2.60 3.30 3.40 HCS: Unsignalized Intersections Release 2.1f CR4AM15.HCO Page 2 Worksheet for TWSC Intersection Step 1: RT from Minor Street NB SB Conflicting Flows: (vph) 263 Potential Capacity: (pcph) 1019 Movement Capacity: (pcph) 1019 Prob. of Queue -Free State: 1.00 Step 2: LT from Major Street WB EB Conflicting Flows: (vph) 526 Potential Capacity: (pcph) 895 Movement Capacity: (pcph) 895 Prob. of Queue -Free State: 1.00 TH Saturation Flow Rate: (pcphpl) 3400 RT Saturation Flow Rate: (pcphpl) Major LT Shared Lane Prob. of Queue -Free State: 1.00 Step 4: LT from Minor Street NB SB Conflicting Flows: (vph) Potential Capacity: (pcph) Major LT, Minor TH Impedance Factor: Adjusted Impedance Factor: Capacity Adjustment Factor due to Impeding Movements Movement Capacity: (pcph) 2447 29 1.00 1.00 1.00 29 Intersection Performance Summary Avg. 95% Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph)(sec/veh) (veh) (sec/veh) SB L 1 29 > 56 66.7 0.0 F 66.7 SB R 1 1019 > EB L 0 895 4.0 0.0 A 0.0 Intersection Delay - 0.1 sec/veh LEIGH, SCOTT AND CLEARY, INC 1889 York Street Denver, CO 80206 - Ph: (303) 333-1105 Streets: (N -S) SITE WEST ACCESS (E -W) STATE HIGHWAY 82 Major Street DirectionEW Length of Time Analyzed15 (min) Analyst ,3L Date of Analysis 7/20/98 Other Information2015 BACKGROUND PLUS SITE -GENERATED TRA FFIC, PM PEAK Two-way Stop -controlled Intersection No. Lanes Stop/Yield Volumes PHF Grade MC's (%) SU/RV's (%) CV's (%) PCE's Eastbound L T R 0 > 2 0 N 1 865 .95 .95 0 1.10 Westbound L T R 0 2 < 0 N 1865 1 .95 95 0 Northbound L T R 0 0 0 Southbound L T R 0 > 0 < 0 0 1 .95 .95 0 1.10 1.10 Adjustment Factors Vehicle Critical Follow-up Maneuver Gap (tg) Time (tf) Left Turn Major Road Right Turn Minor Road Through Traffic Minor Road Left Turn Minor Road 5.50 5.50 6.50 7.00 2.10 2.60 3.30 3.40 • • • HCS: Unsignalized Intersections Release 2.1f CR4PM15.HCO Page 2 Worksheet for TWSC Intersection Step 1: RT from Minor Street NB S13 Conflicting Flows: (vph) 982 Potential Capacity: (pcph) 440 Movement Capacity: (pcph) 440 Prob. of Queue -Free State: 1.00 Step 2: LT from Major Street WB EB Conflicting Flows: (vph) 1964 Potential Capacity: (pcph) 151 Movement Capacity: (pcph) 151 Prob. of Queue -Free State: 0.99 TH Saturation Flow Rate: (pcphpl) 3400 RT Saturation Flow Rate: (pcphpl) Major LT Shared Lane Prob. of Queue -Free State: 0.99 Step 4: LT from Minor Street NB SB Conflicting Flows: (vph) Potential Capacity: (pcph) Major LT, Minor TH Impedance Factor: Adjusted Impedance Factor: Capacity Adjustment Factor due to Impeding Movements Movement Capacity: (pcph) 2876 15 0.99 0.99 0.99 15 Intersection Performance Summary Avg. 95% Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph)(sec/veh) (veh) (sec/veh) SB L 0 15 > 440 8.2 0.0 B 8.2 SB R 1 440 > EB L 1 151 24.0 0.0 D 0.0 Intersection Delay - 0.0 sec/veh Counter Measures Site Code : 8 N -S Street: DAKOTA SUBDIVISION ACCESS E -W Street: SH -82 PAGE: 1 FILE: OAKOSH02 Movements by: Primary DATE: 10/21/97 Time Begin From North From East From South From West Vehicle RT THRU LT RT THRU LT RT THRU LT RT THRU LT Total 6:30 2 0 1 1 46 3 0 0 0 0 271 4 328 6:45 0 0 3 4 46 0 0 0 0 0 351 1 405 HR TOTAL 2 0 4 5 92 3 0 0 0 0 622 5 733 7:00 AM 1 0 1 0 48 0 0 0 0 0 278 0 328 7:15 4 0 0 4 80 0 0 0 0 0 253 0 341 7:30 1 0 2 0 89 0 0 0 0 0 241 0 333 7:45 0 0 5 1 102 0 0 0 0 0 256 0 364 HR TOTAL 6 0 8 5 319 0 0 0 0 0 1028 0 1366 8:00 AN 1 0 1 1 94 0 0 0 0 0 191 0 288 8:15 0 0 0 0 110 0 0 0 0 0 215 0 325 Break 4:00 PH 2 0 5 13 223 0 0 0 0 0 116 0 359 4:15 0 0 0 1 268 0 0 0 0 0 104 1 374 4:30 0 0 1 4 279 0 0 0 0 0 98 0 382 4:45 0 0 2 2 292 0 0 0 0 0 100 2 398 HR TOTAL 2 0 8 20 1062 0 0 0 0 0 418 3 1513 0 PH 0 0 2 2 295 0 0 0 0 0 116 3 418 :15 2 0 2 1 285 0 0 0 0 0 121 2 413 5:30 0 0 1 1 283 0 0 0 0 0 103 2 390 5:45 1 0 3 2 275 0 0 0 0 0 144 2 427 HP TOTAL 3 0 8 6 1138 0 0 0 0 0 484 9 1648 DAY TOTAL 14 0 29 37 2815 3 0 0 0 0 2958 17 5873 • Site Code : 8 N•S Street; DAKOTA SUBDIVISION ACCESS E -W Street: SN -82 • • • Counter Measures Movements by: Priiary PAGE: 1 FILE: DAKOSH82 DATE: 10/21197 PEAK PERIOD ANALYSIS FOR THE PERIOD: 6:30 AM - 8:30 AM DIRECTION START PEAK HR VOLUMES .... PERCENTS ... FROM PEAK HOUR FACTOR Right Thru Left Total Right Thru deft North 7:00 AM 0.70 6 0 8 14 43 0 57 East 7:30 AM 0.90 2 395 0 397 1 99 0 South 7:30 AM 0.00 0 0 0 0 0 0 0 West 6:30 AM 0.82 0 1153 5 1158 0 %100 0 Entire Intersection North 6:45 AM 0.75 6 0 6 12 50 0 50 East 0.76 8 263 0 271 3 97 0 South 0.00 0 0 0 0 0 0 0 West 0.80 0 1123 1 1124 0 t1.00 0 1 DAKOTA SUBDIVISION ACCESS 6 0 L 12 1123 1124 r N S 271 263 L rol 0 DAKOTA SUBDIVISION ACCESS 0 SH -82 Site Code : 8 N -S Street: DAKOTA SUBDIVISION ACCESS E -W Street: SH -82 • • Counter Measures Mo Bunts by: Prisary PAGE: 1 FILE OAKOSH82 DATE: 10/21197 PEAK PERIOD ANALYSIS FOR THE PERIOD: 4:00 PM - 6:00 PM DIRECTION START PEAL( HR VOLUMES .... PERCENTS ... FROM PEAK HOUR FACTOR Right Thru Left Total Right Thru Left North 5:00 PM 0.69 3 0 8 11 27 0 73 East 4:45 PM 0,98 6 1155 0 1161 1 99 0 South 4:45 PM 0.00 0 0 0 0 0 0 0 West 5:00 PM 0.84 0 484 9 493 0 98 2 Entire Intersection North 5:00 PM 0.69 3 0 8 11 27 0 73 East 0.96 6 1138 0 1144 1 99 0 South 0.00 0 0 0 0 0 0 0 West 0.84 0 484 9 493 0 98 2 SH -82 9 DAKOTA SUBDIVISION ACCESS 3 0 484 493 8 0 6 1144 1138 "1 0 L 0 DAKOTA SUBDIVISION ACCESS 0 492 -, Counter Measures *** Weekly Summary for week of October 19, 1997 *** Page 1 ***************************************************************************** ata File : M1097001.PRN Station : 000000002019 Lane(s) : 1 Identification : 000000002019 Direction : Westbound City/Town : County : GARFIELD/EAGLE Location : SH -82 W/0 DAKOTA SUBDIVISION ACCESS ******************************************************************************* 19 20 21 22 23 24 25 Wkday Daily Time Sun Mon Tue Wed Thu Fri Sat Avg. Avg. 01:00 31 31 22 02:00 21 21 15 03:00 13 13 9 04:00 19 19 14 05:00 24 24 17 06:00 48 48 34 07:00 154 154 110 08:00 358 358 256 09:00 429 429 306 10:00 415 415 296 11:00 440 440 314 12:00 459 459 328 13:00 517 517 369 14:00 491 491 351 15:00 568 568 406 41000 822 822 587 :00 1153 1153 824 1s:00 1161 1161 829 19:00 941 941 672 20:00 324 382 353 252 21:00 163 232 198 141 22:00 160 163 162 115 23:00 103 128 116 83 24:00 70 80 75 54 Totals 820 9049 8967 6405 *********************c********************:*********************************** Avg Wkday % Avg Day AM Peak Hr AM Count PM Peak Hr PM Count. 9.1 100.9 12.8 141.3 12:00 459 20:00 18:00 324 1161 ******************************************************************************* • Counter Measures *** Weekly Summary for week of October 19, 1997 *** Page 8 411 ******************************************************:********************* to File : M1097005.P'RN Station : 000000002010 Lane(s) : 1 Identification : 000000002010 Direction : Eastbound City/Town County : GARFIELD/EAGLE Location : SH -82 W/0 DAKOTA SUBDIVISION ACCESS ******************************************************************************* 19 20 21 22 23 24 25 Wkday Daily Sun Mon Tue Wed Thu Fri Sat Avg. Avg. Tirne 01:00 02:00 03:00 04:00 05:00 06:00 07:00 08:00 09:00 10:00 11:00 12:00 13:00 14:00 15:00 0:00 :00 :00 19:00 20:00 21:00 22:00 23:00 24:00 22 22 16 11 11 8 12 12 9 28 28 20 40 40 29 233 233 166 1181 1181 844 1118 1118 799 858 858 613 597 597 426 502 502 359 470 470 336 464 464 331 440 440 314 465 465 332 463 463 331 466 519 493 352 516 595 556 397 451 445 448 320 279 342 311 222 235 224 230 164 170 203 187 133 99 113 106 76 45 58 52 37 Totals 2261 9403 9284 6631 ****************************************************************************** Avg Wkday 24.4 101.3 Avg Day 34.1 141.8 AM Peak Hr AM Count 07:00 1181 PM Peak Hr 18:00 18:00 PM Count 516 595 ******************************************************************************* cerise HANCH Mid Valley Metro District Service Letter comprehensive plan amendment planned unit development and sketch plan • • Mid -Valley Metropolitan District 0031 Duroux Lane, Suite A* Basalt, CO 81621-9357 Phone: (970) 927-4077 • Fax (970) 927-1017 21 July 1998 Mr. Mark Bean Garfield County Planning Department 109 fel St., Suite 303 Glenwood Springs, CO 81601 Re: Cerise Ranch Dear Mark: This letter will confirm that Mid Valley Metropolitan District can and will provide water and sewer services to the proposed Cerise Ranch development in accordance with the attached Pre -Inclusion Agreement. As you will note, this Agreement contemplates the subsequent execution of a companion Wastewater Treatment Plant Development Agreement and a Sewer Interceptor Line Extension Agreement in the very near future. The major provisions of those agreements have been conceptually agreed upon and their final execution is expected to be worked out in the next two months when the desired capacity of the wastewater treatment plant has been determined, cc° Art Klcinstein legends, MID VALLEY METROPOLITAN DISTRICT Theodore K. Guy, Presid ZQI: j g3AOHU6,tBB(1.71Ai4' lar re. 3 MID VALLEY METROPOLITAN DISTRICT MUMBERT CERISE FAMILY COMPANY, LP PRE -INCLUSION AGREEMENT THIS PRE -INCLUSION AGREEMENT is made and entered into this day of , 1998, by and between the MID VALLEY METROPOLITAN DISTRICT, a Colorado special district, whose address is 0031 Duroux Lane, Suite A, Basalt, CO 81621 (hereinafter "District"); and MUMBERT CERISE FAMILY COMPANY, LP, a Colorado Limited Partnership, whose address is 17072 IIighway 82, Carbondale, Colorado 81623 (hereinafter the "Cerise Family" or "'Petitioner"), and WINTERGREEN HOMES LIMITED LIABILITY COMPANY, whose address is 305 Madison, Denver, Colorado 80206 (hereinafter the "Developer"). The Petitioner and the Developer are hereinafter sometimes referred to as the "Landowners.,, WITNESSETH: WHEREAS, the District is a Colorado special district formed and functioning by the authority of C.R.S. §32-1-101, et seq., providing potable water and sanitary sewer service to the area around El Jebel, Colorado; and WHEREAS, C.R.S. §32-1-401, et seq. and Section 6.01 of the Rules and Regulations of the District (hereinafter "Rules and Regulations") provide requirements and procedures for inclusions of property into the District, and specifically C.R.S. §32-1-402(1)(c) provides that agreements may be entered into "between a board and the owners of property sought to be included in a special district with respect to fees, charges, terms and conditions on which such property may be included"; and WHEREAS, the Petitioner owns certain real property located in Garfield County, Colorado, as more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (the "Petition Property"), which Petitioner desires to have included in the Mid Valley District in order to receive water and sewer services from the District; and WHEREAS, the Developer has entered a Purchase and Sale Contract with the Petitioner to purchase the Petition Property, dated January 23, 1997, amended April 15, 1997, September 10, 1997 and December 16, 1997, a copy of which Purchase and Sale Agreement is available for inspection at the District offices; and WHEREAS, the Developer has identified property in Garfield County, Colorado, which it proposes for the purpose of constructing a regional wastewater treatanent facility for the benefit of the District (hereinafter the "Plant Property"), which Plant Property is identified on the attached drawing identified as Exhibit B and incorporated hereby by reference; and 1:119981Dors-Al n s\MVMl7-Cerise- Wilie rgreen-Agmt-l-el ean,wnd WHEREAS, the Developer has also entered into a contract, a copy of which is attached hereto and incorporated herein by this reference as Exhibit C, to buy and sell vacant land with Clifford Cerise, General Partner, providing for the purchase of the Plant Property and for the acquisition of additional property in Garfield County, Colorado; and WHEREAS, pursuant to C.R.S. §32-1-401(a), the Petitioners submitted a Petition for Inclusion of the Petition Property into the District on March 25, 1997; and WHEREAS, pursuant to C.R.S. §32-1-401(b), the District held public hearings on various dates throughout 1997 and 1998, at which tinges the inclusion of the Property was discussed, and at the public hearing on March 17, 1998, the inclusion of the Petition Property was conceptually approved by the Board of Directors for the District pursuant to C.R.S. §32-1- 401(c)(1), subject to the terms and conditions of a Pre -Inclusion Agreement to be entered into between the parties; and WHEREAS, the Developer has proposed phased single and multi -family residential development on the Petition Property, which at the time of execution of this agreement is estimated to eventually require approximately 300 EQR; and WHEREAS, pursuant to C.R.S. §§31-1-1001(1)(d), (j -m), and 31-35-402(1)(f), the District has the authority to require reimbursement of its out-of-pocket costs in providing services to District customers, including but not limited to water and sewer connections, inclusions and exclusions from the District, and planning and review of line extensions; and WHEREAS, Sections 6.01, 8.04, and 9.01 of the Rules and Regulations of the District provide that the District may charge legal, engineering, publication, recording, inspection, observation, extension, and other fees of customers desiring services from the District; and WHEREAS, the District and the Developers desire to set forth their understandings and agreements concerning the inclusion process and the future relationship between thein. 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 are hereby acknowledged, the parties, on behalf of themselves and their successors, assigns, heirs, devisees, or transferees, agree as follows: 1. Procedures for Inclusion, Provided all of the conditions precedent to inclusion described herein have been satisfied or performed, the District shall take all steps necessary to finalize the inclusion of the Petition Property into the District pursuant to C.R.S. §32-1-401 et seq., including but not limited to obtaining an Order or Orders of Inclusion of the Garfield County District Court and filing and recording said Order or Orders with the Garfield County Clerk and Recorder, the Garfield County Assessor, and the Division of Local Government. F:119981docs•Agmts\MV 1U-Ceriar•Winicrgreen•Agnx-I-clean,mxi -2- Inclusion into the District of the Plant Property shall be entirely at the District's option, Provided that the District has taken the steps necessary to finalize inclusion of the Petition Property and provided the Developer holds fee title to the Plant Property, the Developer shall petition the District to include the Plant Property within ten (10) days of a written request from the District to do so. 2. Reimbursement to District. As provided herein and as otherwise allowable under applicable local regulations, state taw, and federal law, including but not limited to Section 7.18 of the Rules and Regulations of the District, the Petitioner agrees to pay the District a reasonable amount for all services provided or actual costs incurred by the District in relation to the inclusion requested by then, including engineering, legal, inspection, filing, or recording fees and related expenses, on receipt of itemized billings for those services from the District. All such amounts are due within thirty (30) days of the nate of the bill, with interest on any overdue amounts to be assessed at one percent (1 %) per month. In the event that such amounts remain unpaid thirty (30) days after the date they are billed, the District reserves the right, in addition to any and all other remedies, to cease supplying any and all services being provided, including but not limited to water and sewer service, review, and processing of applications for service or inclusion. 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 attorneys' fees, filing and lien recording fees incurred in such collection efforts in addition to the unpaid amounts due, plus interest. Further, the Developer expressly agrees to guarantee payment of all amounts due to the District owed by the Petitioner and to assume liability to the District for all such costs and fees owed by Petitioner from Petitioner at the time of closing of the sale of the Petition Property, or which may be thereafter owed or incurred by Developer. 3. Rules and Regulations. The inclusion process, and the Petition Property itself, shall be subject to the Rules and Regulations adopted September 19,1991, as they may hereafter be amended; provided, however, that no future rules or regulations shall be applicable which defeat the intent of this Agreement, or modify any express or substantive terms of this Agreement without the consent of the parties. From the effective date of inclusion as established by the Order of the Court, the Petition Property shall be subject to all taxes, fees, rates, tolls, and charges now in effect or which may later be levied or collected by the District, except as otherwise hereafter described in this Agreement. Further, all connections to the District water or sewer systems and all -lines for water or sewer service on the Petition Property shall be made in accordance with the Rules and Regulations and technical specifications. 4. Connection to District System. The Petitioner and the Developer agree that at the time the District's services are first extended to the Petition Property, the Developer or the Petitioner shall connect all improvements, including any that may have been served by pre- existing water wells and septic systems or otherwise pre-existing on the date of this Agreement, to the District's water and sewer system and pay all fees due for such connections, except as otherwise provided herein to the contrary. F:I19981Dacs -A g ntts1M V M D -Cc r isc-Wintergreen-Agint-1-c lean. wpd The parties' mutual obligations and the payment of fees related to expansion of and connection to the District's sewer system are more fully set forth in the Wastewater Treatment Plant Development Agreement and Sewer Interceptor Line Extension Agreement to be executed with this Agreement. Pursuant to the Rules and Regulations, no District service shall be provided, and no connection shall be made to the District water or sewer systems until the Petition Property is included in the District, an application for service has been rade, any applicable tap fees have been paid, and a tap permit has been issued. 5. Raw Water Irrigation. The parties hereto agree that all outside lawn and garden irrigation within the proposed development shall be provided by a pressurized raw water irrigation system to be constructed by the Developer, at the Developer's expense, pursuant to plans and specifications to be approved by the District. At no time and for no reason shall potable water supplied by the District be used for outside irrigation purposes, except as may be provided by written exception granted by the District or as may be provided for in District Rules and Regulations, now or hereafter adopted. As a result of the Developers' utilization of raw water only for outside/irrigation purposes, the District agrees that a twenty-five percent (25 %) reduction shall be imposed on the water portion of each tap fee assessment. All construction of the raw water irrigation system shall be in accordance with plans and specifications prepared by a professional engineer and approved in writing by the District's engineer. Construction specifications shall be similar to other raw water systems for which dedication has been accepted by the District, as provided by Rules and Regulations of the District to be adopted hereafter, or as otherwise approved by the District engineer. To ensure that all outside water uses are undertaken from the pressurized raw water system to be installed by the Developer, the Developer agrees to include in the Protective Covenants affecting the Petition Property adequate provisions restricting such use and providing penalties therefor, which penalties may be in addition to the provisions of the Rules and Regulations of the District. Prior to the recordation of any covenants, said covenants shall be provided to the attorney for the District for review and comment and to the Board for approval. The raw water system up to and including the meters and curb stops shall be owned, operated, maintained, repaired and replaced by the District after the District has accepted dedication of the system. The Developer, upon completion of the system, shall advise the District in writing and request an inspection which shall be made within thirty (30) days of receipt of such request. The District shall identify any deficiencies or remaining items to be accomplished by the Developer and advise the Developer in writing. Upon satisfactory completion of those items listed, if any, and transmittal of a two-year full system warranty and complete as -built drawings, operating and maintenance manuals, and proof of release of liens to the satisfaction of the District, the Developer shall be deemed to have dedicated, and the District shall accept, the system; provided, however, that the District shall be under no obligation to accept the system, or any part thereof, if the Developer is in default of any provision of this Agreement, or any other agreement executed sitnultaneously herewith, or referenced herein. The District may accept the system in part at its sole discretion, reserving all rights to rescind acceptance if the remaining portions are not satisfactorily completed. The Protective Covenants shall be recorded simultaneously with the final subdivision plat. f:l19961 Clue s•A gmtslM V i4! Cl -Ce rise -Wintergreen -A S mt-1-e lean. wpd -4- • i'o the extent the raw water system is not accepted by the District, the raw water irrigation system shall be owned, operated, maintained, repaired, and replaced by a property owners' association to be created by Developer at the time of final plat, as set forth more specifically in the line extension agreement(s) described hereafter in Paragraph 8, as referenced below, to be entered into by and between the parties; except that a property owner's association need not own those portions of such systems installed beyond the meters and curb stops on individual privately -owned lots. 6. Water Rights Dedication. For the Petition Property and any other parcels which receive District water service, the requirements for dedication of water rights to the District, as set forth in Article X of the Rules and Regulations, shall be satisfied by dedication or the payment of cash in lieu of actual water rights, unless otherwise agreed. Whether such requirements shall be met by dedication of water rights or by cash payment shall be at the sole discretion of the Board. The amount of any cash payment shall be Fifty Dollars ($50.00) per in-house EQR times the number of total EQRs associated with the development of the Petition Property. For purposes of water rights dedication, it is understood that the Fifty Dollars ($50.00) per EQR fee includes no payment for irrigation, of open space or otherwise. Fees for such amounts shall he separately assessed based on District Rules and Regulations. As it has been calculated by the Developer that the total number of EQRs associated with the development is approximately 300, the total cash in lieu of actual water rights to be paid to the District by the Developer is currently estimated at $15,000.00. If at the time of final plat a different number of EQRs is calculated, additional water rights dedication shall be due to the extent the total EQRs approved for developtnent exceed 300. The amount currently estimated shall he paid to the District, or the water rights dedication shall, occur within ten (10) days of the date of inclusion and any adjustment based on final plat approval shall be paid or dedicated within ten (10) days of the date of such approval. The District shall not be required to return any amounts paid or dedicated. It being the intent of the District to require dedication of any and all rights and interest of the landowners to or in water rights to Blue Creek, the Landowners agree that they shall reserve for dedication to the District all water rights to which they have any interest in Blue Creek. They agree not to dispose of, transfer or grant any such water rights now owned or hereafter acquired without prior approval of the District from the date of execution of this Agreement. 7. Easements. The final plat(s) of the Petition Property shall dedicate for no additional consideration utility easements as required and approved by the District across the Petition Property, which shall be particularly described on the final utility plan and/or final plat(s). in connection herewith, Petitioner and Developer agree to dedicate the above-described easements to the District on the final plat, free and clear of all liens and encumbrances which would interfere, as determined by the District, with the District's use of the easements. All easements to be dedicated shall be general utility easements of a width determined by the District. Further, Developer agrees to dedicate all other easements, as necessary, for access or completion of work on the Petition Property and for future expansion of District services to 1=:119981Ancs•A g mt sttvt V Ar D-Cer i se- W i nl e r g reen-A gn it -1 -clew n. w pd • properties west of the Petition Property as may be determined reasonably necessary by the District. Such additional easements, to the extent not provided under the Wastewater Treatment Plant Development Agreement and the Sewer Interceptor Line Extension Agreement, shall be determined and dedicated at or prior to the time of final plat approval. If the Developer develops the property with multiple plats, the District may require that an overall master plan of water and sewer infrastructure be developed and approved by the District to which later filed plats must conform. At the time of final plat approval, the District shall be allowed to require the Petitioner and Developer to dedicate an easement or easements to the District associated with a water storage facility to provide domestic, potable water supply to the Petition Property, if necessary, which water storage facility shall be located at a mutually agreeable site upon the Petition Property and may service other District needs. 8. Line Extension Agreement(s). in addition to the Wastewater Treatment Plant Development Agreement and Sewer Interceptor Line Extension Agreement described in paragraph 10 of this Agreement related to construction and extension of District sewer treatment facilities, and in addition to the Water System Development and Line Extension Agreement contemplated by paragraph 9 of this Agreement, at the time of or prior to final plat approval(s) (which approvals shall include where permitted by the counties a signature of the District), the Developer shall be required to enter into a standard line extension agreement(s) with the District in connection with the extension of water and sewer mains to be installed as part of the development of the Petition Property contemplated by the final plat(s). 9. eater System Facility Installation. It being the intent of the parties that subject to the provisions of future agreements between the parties as referenced in this Agreement, the District will provide water service to the Petition Property after inclusion, it is anticipated by the parties that, in order to serve the Petition Property and properties to the west of the Petition Property not now in the District and not contemplated for inclusion in the District by this Agreement, it will be necessary to extend and expand District water system facilities. Therefore, the Developer agrees to provide the District with the necessary easements for a District main water line through the Petition Property, as may be necessary in the District's discretion to service the Petition Property and property to the west of the Petition Property with water service. The Developer agrees that in accordance with the Rules and Regulations they will install a District main water loop, if required, at Developer's expense in the size to be reasonably determined by the District to meet District needs. Developer further agrees that it will enter into a subsequent Water System Development and Line Extension Agreement for this purpose. The District agrees that such Line Extension Agreement shall provide for reimbursement to the Developer of the additional costs incurred associated with oversizing the District main water line to the extent the District receives line extension fee surcharges from subsequent developers and users of the District main main water line, as it is further extended. The water main line constructed by the Developer shall be dedicated to the District and upon acceptance. the District shall be responsible for all operation, maintenance, repair and replacement of the line; provided, however, in the event the main water line is installed prior to the time of final plat, Developer shall grant the District a temporary twenty-five foot (25') construction easement and a twenty-five foot (25') permanent utility easement for the installation F:1I9981Docs-Aginrs1MVMD-Ccrise-WI,1 er recn-Agnn-l-clean.wp1 and subsequent operation, maintenance, repair and replacement by the District for such water line. Furthermore, Developer agrees that the installation of the line shall be considered a public improvement to be secured by appropriate financial guarantees as required by the District's Rules and Regulations. The parties also acknowledge and understand that other wholesale water service facilities may be required to service the Petition Property and properties not now in the District to the west of the Petition Property. The Developer shall construct such facilities at its own expense.. Such facilities may include, without limitation, additional District water wells, pumping facilities, and water storage facilities. Developer specifically agree that to the extent such facilities provide water service capacity to service the Petition Property, the Developer shall be responsible for a pro rata share of the cost of such facilities. The Developer's pro rata share shall be that portion of the cost of the installation of the facilities represented by a reasonable estimate of the Petition Property's fully developed water service facility needs as a function of the overall capacity of the facilities constructed. The balance of the cost shall be reimbursed to the Developer first by credits applied to future tap fees from the District calculated at the tap fee rates in effect at the time construction is requested by the District. Any remaining balance due the Developer shall be paid to the Developer within sixty (60) days after completion and acceptance by the District of all such facilities constructed. In the event it is determined by the District that an additional water storage tank and/or additional wells are required to service the Petition Property as fully developed, the Developer agrees it will install any necessary additional water storage tanks and wells if requested by the District to do so, whether or not such facilities are located on the Petition Property, prior to the sale of any lot on the Petition Property. After such installation and approval by the District engineer, the Developer shall dedicate such facilities to the District. Upon acceptance, the District shall be responsible for all operation, maintenance, repair and replacement of any such facilities. It is recognized by the parties that at the time this Agreement is entered there is insufficient information available to estimate or predict the extent of the District's water service facility needs, and planning for those needs has not been sufficiently accomplished to identify appropriate physical locations for such facilities if needed. The District agrees that prior to, or upon approval of an expanded District service plan by Eagle County and Garfield Counties, it shall commence the necessary planning activities to identify such needs as they relate to the Petition Property. Such planning shall be cotnpleted by the District no later than the date of effective inclusion of the Petition Property in the District. The District further agrees that to the extent it deems it necessary to construct such facilities on the Petition Property, the District shall include in a Water System Development and Line Extension Agreement provisions for reimbursement to the Petitioner and Developer pursuant to the Rules and Regulations of the District of the cost of such installation beyond that portion for which the Developer will be responsible as outlined in the preceding paragraph. 10. Sewer System Facility Installation. It being the intent of the parties that subject to the terms and conditions of this Pre -Inclusion Agreement and the terms and conditions of other agreements as referenced herein, the District will provide water and sewer services to the r:114981Dncs-AgmtslM V ALD-Cerise-winsergreen•A gmt-l-cican. wpd -7- • • • Petition Property, Developer agrees that it shall construct for the District a wastewater treatment plant of a type to be determined by the District, and District sewer interceptor line with associated facilities, including lift stations, and dedicate the same to the District in accordance with the terms and conditions of the Wastewater Treatment Plant Development Agreement and the Sewer Interceptor Line Extension Agreement both to be executed with this Agreement. The Developer acknowledges that full financial guarantees for the cost of design of the Plant may be required by the District in addition to other guarantees required pursuant to District Rules and Regulations for the construction of the wastewater treatment plant, and if applicable, the sewer interceptor line. Upon acceptance of the wastewater treatment plant and the sewer interceptor by the District, the District shall be responsible for all operation, maintenance, repair and replacement of the line, except to the extent otherwise provided in the Wastewater Treatment Plant Development Agreement and the Sewer Interceptor Line Extension Agreement. 11. Conditions Precedent to Inclusion. The following four (4) conditions shall all be conditions precedent to the obligation of the District to include the Petition Property in the District: A. Satisfactory performance of all the terms and conditions of the Wastewater Treatment Development Agreement and the Sewer Interceptor Line Extension Agreement (the "Infrastructure Agreements") to be executed with this Agreement, or executed within seventy-five (75) days following the date of this Agreement. In the event the Infrastructure Agreements are not executed within seventy-five (75) days of the date of approval of this Agreement, this Agreement shall terminate unless amended to extend this period. B. Receipt of all necessary approvals from state and local government entities for the water and wastewater expansion of the District to the west to include the Petition Property and the Plant Property at a minimum, and the construction of a second District wastewater treatment plant and interceptor line. Such approvals shall include, but not be limited to, approval of a 1041 Permit by Eagle County, approval of an expanded District service plan by Eagle County, approval of an expanded District service plan by Garfield County, approval of a 201 Plan, if required, and approval of a treatment plant site application by the Colorado Department of Public Health and Environment. Approval by governmental entities of the necessary permits, or other regulatory approvals, shall be satisfactory to meet this condition if such approval is made without conditions based on application made by, or approved in writing, the District. If any necessary approval as contemplated in this paragraph is received with conditions, the District shall have the right to refuse to accept such conditions and may declare such approval unsatisfactory for purposes of meeting this condition; provided, however, that conditions placed on developtnent land use approvals shall not give the District the right to refuse to accept the condition as satisfied. for purposes of this Agreement, so long as the Developer bears all costs I `1199811)ncs-AgmtslM VM D.Cerise•W9ntetgreen-Agntt-I-cicnn.wpd -8- associated with such land use approval conditions. C. Approval by Garfield County of a comprehensive plan modification and a rezoning request by the Petitioner andfor the Developer of the Petition Property to permit residential development of the Petition Property satisfactory to the Developer. The Petitioner and Developer agree that application for such rezoning of the Petition Property shall be made to Garfield County within 120 days of the execution of this Agreement and they shall make their best efforts to pursue the rezoning. The Developer shall also have the right to refuse to accept any conditions on development land use approvals and may declare such approvals unsatisfactory for purposes of meeting these conditions. To the extent the Developer chooses to proceed despite a condition on the land use approvals which the District finds objectionable, the costs of complying with that condition will not be included in any subsequently approved calculations for determining plant or interceptor cost for Developer tap allocation purposes or Developer line extension fee reimbursements. The District agrees to cooperate with the Petitioner and Developer to provide representations regarding the availability of water and sewer services to the Petition Property consistent with this Agreement, the Infrastructure Agreement, and any other subsequent ancillary Agreements. i�. Final acquisition by the Developer and/or its assigns of the Petition Property and the Plant Property or such other property, as the District may choose to later designate as the Plant Property as provided in Paragraph 13. hereafter. Petitioner and Developer agree that in the event the three (3) conditions precedent described in 11.A., 13. and C., are performed or satisfied, each will immediately use their best efforts to close the purchase and sale of the Petition Property. Further, the Developer agrees that in the event the three (3) conditions precedent described in Paragraphs 11.A., B. and C. are met or satisfied, and title to the Petition Property has transferred to the Developer, it they will use its best efforts to close the purchase of the Plant Property. Any declarations that an approval as contemplated herein is unsatisfactory, as a result of conditions imposed by a governmental agency, must be made in writing to the other party within forty-five (45) days of the date of such approval, or the right to so declare shall be waived. Later acceptance of the condition shall he deemed to rescind any such declaration. In the event that any of the conditions precedent herein listed are not met, this Agreement may be terminated by the other party upon ten (10) days' written notice. In the event this Agreement is terminated, the District shall be under no obligation to include the Petition Property, nor shall it be under any obligation under any other agreement referenced herein, including the Infrastructure Agreements, except to the extent that the Infrastructure Agreements provide for reimbursement of Developer costs in the event of termination at, or after, certain F.119981Dncs-AgnlI s\ M VM D•Ce ri se -Wintergreen- A gnu- 1 -c lean. wixt • levels of design development. It is understood that all costs associated with the preparation of the necessary applications for approval and other service costs as defined in Paragraph 2 of this Agreement, are Developer costs and termination of this Agreement as a result of Iack of approval from state or local government entities by either the District or the Developer shall not be considered the fault or breach of either. No such termination shall relieve the Developer of the obligation to pay the full costs incurred for preparation of approval applications up to and including the date of termination. In the event, however, that the District exercises any right given to it to relocate or resize the contemplated wastewater treatment plant or sewer interceptor after the design of either of them has proceeded past the sixty-five percent (65%) design completion level with approval by the District, the District shall be responsible for any increased cost in the preparation of applications for necessary approvals, whether or not this Agreement is terminated. 12. Remedies. A breach of this Agreement, or a breach of either of the Infrastructure Agreements shall be considered a breach of all agreements. Any and all remedies specified under each or any of these Agreements are cumulative and are not intended to be exclusive of any other remedies to which the parties may be lawfully entitled. None of the remedies provided to either party under any of these Agreements shall be required to be exhausted or exercised as a prerequisite to resort to any further relief to which it may then be entitled. Every obligation assumed by or imposed upon either party hereto shall be enforceable by any appropriate action, petition, or proceeding at law or in equity, and may be initiated separately or jointly. This Agreement may be specifically enforceable. This Agreement shall be construed in accordance with the laws of the State of Colorado, and in particular the Colorado Revised Statutes and the Special District Act. 13. The Plant Property. The parties acknowledge and agree that at the time of signing this Agreement it is the intent of the parties to site and construct the plant on the Plant Property and to accomplish this end the Developer has entered or will enter into the Wastewater Treatment Plant Development Agreement and the Purchase and Sale Agreement for the Plant Property. The final determination of the necessary boundaries of the treatment plant site, as well as the final determination of the size of the Plant Property, shall rest solely with the District to the extent consistent with and not in violation of the terms of the Developer's option contract for the Plant Property. Similarly, the parties acknowledge and agree that the final determination regarding the size, location and the terms and conditions of any grants or deeds for the easements to be obtained ancillary to the Plant Property for access, utility services, interceptor, installation, maintenance and repair, and river outfall installation, maintenance and repair, as well as any necessary well or wells needed to service the wastewater treatment plant to be constructed, and any easement necessary to be associated therewith, shall be as reasonably determined by the District in its sole discretion consistent with the terms and conditions of the Developer's purchase and sale contract for the Plant Property. To the extent any reasonable extension of the purchase and sale contract is necessary to accomplish the purposes of this Agreement as may be reasonably determined by the District, the Developer agrees to use its best r::1I9981Docs-AgmtslMVM[)-Cerrgreen,Agrnt-i-clean wpd -10- • efforts to obtain necessary additional options to accomplish the same. Finally, it is specifically acknowledged and agreed by the parties that in the event it becomes apparent that an opportunity to locate the proposed wastewater treatment plant at another site better suited to the needs of the District anchor its revised service area becomes available, the Developer agrees that the District may order the Developer to terminate or abandon its option for the Plant Property and to commence negotiations for the purchase of an alternate plant site as directed by the District; provided, however, that to the extent any such alternate plant site would cause the overall treatment plant costs to be greater than those anticipated to be incurred if construction of the plant occurred on the Plant Property, the District agrees at its discretion to negotiate in good faith a modification to the Infrastructure Agreements to reflect such increased costs to be incurred by the Developer, or to provide the additional funds necessary. Similarly, if the Wastewater Treatment Plant site is relocated after costs have been incurred for its design, the District shall reimburse the Developer for design costs incurred prior to this date to the extent prior design efforts cannot be revised at the relocated site. 14. Service Plan and 1041 Permit Applications. The preparation of modified water and/or sewer service area plans to be submitted to Garfield County and Eagle County and the preparation of a 1041 Permit application to Eagle County for construction of the Plant shall be the responsibility of the District. The parties agree, however, that the cost of applications to be prepared for approval by Eagle County and Garfield County for expansion of the District's water and/or sewer service plans and for approval of a 1041 permit for plant expansion shall be the responsibility of the Developer. The Developer shall provide such financial guarantees as the District may require not to exceed the estimated cost of application preparation. Within seventy-five (75) days of the execution of this Agreement, the District shall cause preparation of such applications to be commenced, or it shall direct the Petitioner or Developer to do so; provided, however, that if such applications are prepared by the Petitioner or Developer, the District shall be regularly consulted during the development of documentation for such applications and shall have a right of final approval over all aspects of the service plan expansion application. The parties agree that absent an express modification of this Agreement, the initially contemplated minimum size of an expanded service area for the District shall be as noted on the service plan drawing attached hereto and incorporated herein by reference as Exhibit C; provided, however, that in the event petitions to be excluded are received by the District, or in the event other objections by third parties are received by the District, the District may determine or direct that the size of the service area shall be reduced to satisfy such objections. The District further reserves the right in its sole discretion, to order enlargement of the size and extent of the District service area to be included in the District's service area expansion application. The parties agree to cooperate and proceed in good faith to develop and complete applications to Eagle County and Garfield County for service plan expansion and a 1041 Permit application as contemplated herein no later than 180 days after execution of this Agreement. The parties agree that the District shall be permitted to make the sole decision regarding the ultimate size and extent of any revisions to its service area, and that in the event it should be determined by the District that approval F:Ii9981Docs-AgrnislMi VMD-Cerise-WiInc rgrecrs•Agmt-1-cIca u. uM -11- cannot be obtained to expand the District service area to an extent deemed necessary by the District, the District may abandon all efforts to expand the District service area, in which event this Agreement shall be terminated upon receipt by the Landowners of written notice from the District. The District specifically agrees, however, that service area expansion to the west which includes the area indicated on Exhibit C, will be considered satisfactory expansion and no right to terminate shall accrue if approval of the area so indicated can be obtained, except as otherwise provided in Paragraph 11.B. 15. Plant Site Application. The preparation of the Site Application to be submitted to the Colorado Department of Public llealth and Environment for the new wastewater treatment plant pursuant to law shall be the responsibility of the District. The parties agree, however, that the cost of the application to be prepared for approval by the Colorado Department of Public Health and Environment shall be the responsibility of the Developer. The Developer shall provide such financial guarantees as the District may require not to exceed the estimated cost of application preparation. The District shall cause preparation of the Site Application to be commenced, or it shall direct the Developer to do so, within thirty (30) days of the execution of the infrastructure Agreements; provided, however, that if such applications are prepared by the Developer, the District shall be regularly consulted during the development of the documentation for such application and shall have the right of final approval over all aspects of the site application. Simultaneously with commencement of preparation of the site application, the District shall commence preparation of an application for approval of an expanded service area by Eagle County and Garfield Counties and approval of the 1041 Permit by Eagle County. The parties agree that absent an express modification to this Agreement, or absent specification of a differing size in the Infrastructure Agreements, the size of the plant to be initially constructed, for which the site application shall be prepared shall be approximately 100,000 g.p.d., but the District reserves the right, in its sole discretion to order enlargement of the proposed initial capacity of the plant to he constructed as contemplated by the Site Application; provided, however, that the District agrees that in such event it shall negotiate in good faith for any necessary modification of the Infrastructure Agreements between the parties to further compensate the Developer for any increased costs associated with an increase in the plant capacity contemplated, or to provide any necessary funds associated therewith, but only to the extent such ordered expansion of capacity exceeds by more than twenty-five percent (25 %) the 100,000 g.p.d. capacity contemplated. Notwithstanding the foregoing, the parties acknowledge and agree that the site application may contemplate an ultimate plant capacity adequate to service the regional needs on expanded District, as determined by the District in its sole discretion. It is acknowledged by the parties that the ultimate plant capacity needs are currently estimated at approximately 1.3 m.g.d., but that in the event during the term of this agreement the plant site is relocated, or the service area is further expanded to an extent not initially contemplated by this agreement, the parties acknowledge and agree that the ultimate plant capacity necessary to service regional needs could further expand and the Developer agrees to cooperate with the District in defining and providing for such further expansion. F:‘I9981pacs-Agmtsttd D-Cerise-Wintcrgmen- Agmt-l-clean .wpd -12- • • 16. Release and Replacement of Petitioner. The parties agree that at such time as the Developer becomes the owner in fee title of the Petition Property, the original Petitioner shall have no further obligations to the District pursuant to this Agreement, and Developer shall automatically replace the original Petitioner in the Petition for Inclusion, provided that at the time of closing on the Petition Property the Developer assumes all obligations of the Petitioner pursuant to this Agreement. 17. Effective Date. It is acknowledged by the parties that this Agreement is contingent upon the passage of a resolution by the Board of Directors of the District approving of the inclusion of the Petition Property into the District. The resolution shall specify that inclusion is contingent upon satisfaction of all conditions precedent specified in this Agreement and execution within the specified time of the Infrastructure Agreements. The parties expressly agree and acknowledge that the effective date of inclusion will not occur until all conditions precedent have been performed or satisfied and a court order has been signed pursuant to C.R.S.. §32-1-401 formally including the Petition Property in the District. 18. Notice. This Agreement shall constitute actual notice to any and all future users of District services on the Petition Property, and all owners, tenants, or other persons who occupy units or reside upon the Petition Property of the terms and conditions herein. 19. Notices. All notices, requests, demands, consents, and other communications pertaining to this Agreement shall be transmitted in writing and shall be deemed duly given when received by the parties at their addresses below or any subsequent addresses provided to the other party in writing. Notice to Mumbert Cerise Family Company: 17072 Highway 82 Carbondale, CO 81623 Notice to Wintergreen Homes Limited Liability Company: Notice to District: With copy to: Arthur Kleinstein, Manager 305 Madison Denver, CO 80206 Mid Valley Metropolitan District 0031 Duroux Lane, Suite A Basalt, CO 81621 Leavenworth & Tester, F.C. P. O. Drawer 2030 Glenwood Springs, CO 81602 20. Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the parties and their successors, assigns, heirs, devisees, or transferees. FA19961 ocs-AsnaslMVMb-Cerfse•Wintergrccn-hgmt-1-skan.wpd -13- • 21. No Additional Waiver Implied by Ong_ Waiver. In the event any agreement contained in this Pre -Inclusion Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder, including a subsequent breach of the same agreement. 22. Covenants in This Agreement. The parties agree and intend that this Agreement shall run with the Petition Property and be a burden and covenant on that Petition Property. 23. Complete Agreement. This Agreement constitutes the entire and complete agreement of the parties on the subject matter herein. No promise or undertaking has been made by any party, and no understanding exists with respect to the transactions contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understandings between the parties are embodied and merged into this Agreement, 24. Enforceability. If any covenant, term, condition, or provision of this Agreement shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such covenant, term, condition, or provision shall not affect any other provision contained herein. 25. GQverning Law. This Agreement shall be governed by the laws of Colorado, which state shall also be deemed the place where this Agreement was entered into and the place of performance and transaction of business of the parties. In the event of litigation pertaining to this Agreement, the exclusive forum, venue, and place of jurisdiction shall also be Colorado, unless otherwise designated in writing by the parties. 26. Authority. Each person executing this Agreement represents and warrants that he or she has been duly authorized by one of the parties to execute this Agreement and has authority to bind said party to the terms and conditions hereof. 27. Assignment. Any assignment or attempt to assign any portion of the Petitioner or Developer's rights or obligations shall be void and of no force and effect unless the Petitioner or Developer shall have attained the written consent to any such assignment from the District. Approval of such assignment, if given, shall not release the Petitioner and Developer from any responsibility or liability under this contract. 28. Warranty of Authority. Each person executing this agreement represents and warrants that he or she has been duly authorized by one of the parties to execute this agreement and has the authority to bind said parties to the terms and conditions thereof. 29. Attorney Pees and Costs. In the event that legal action is necessary to enforce the provisions of this Agreement, the prevailing party shall be entitled to damages and reasonable attorney fees and costs. F:U998lpocs-AgnnsIMVMI)-Cerise-Wintergreen-Agent-Ilen v. rd -14- • • • 30. Amendments. This Agreement may be amended from time to time by amendments made by the parties in written form and executed in the same manner as this Agreement. 31. Counterparts. This Agreement may be executed in duplicate counterpart originals, each of which shall constitute an original but all of which shall constitute one and the same agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth next to their signatures. By ATTEST: Secretary F .4199RIpxs•ASmts1MVMD.Cerise-W into -gee MID VALLEY METROPOLITAN DISTRICT President MUMBERT CERISE FAMILY COMPANY c. --e---74;+cis um ert C Family Fami1 C y ornpany WINTERGREEN !TOMES LIMITED LIABILITY COMPANY Wintergreen homes Limited Liability Company -1S- STATE OF COLORADO ) )ss. COUNTY OF ) Acknowledged, subscribed, and sworn to before me this day of 1998, by _- , as President, and , as Secretary, on behalf of the Mid Valley Metropolitan District. WITNESS my hand and official seal. My Commission expires: STATE OF COLORADO ) COUNTY OF ) ss. Notary Public Acknowledged, subscribed, and sworn to before nuc this ,,:27 day of 1996_, by Mumbert Cerise Family Company. r1�1�1lllwllilldl/Edi WITNESS my hand and official seak,� ? �''®,,,, : OTARX My Commission expires• ' r s i7!2/ STATE OF COLORADO ) ) ss. COUNTY OF ) ,e? -z/7 Acknowledged, subscribed, and sworn to before me this day of 1996, by Wintergreen Homes Limited Liability Company. WITNESS my hand and official seal. My Commission expires: P: 11998\ Doc s•Aguxs\M VM U•Cerise-W inlergreen-Agmt- I-clean.wpd -16- Notary Public ..••^� _ 1 L. 3/ 1-1.4Uf't.WASA T REALTY INC. 87Orel? 3763 OLTP REr URLIC E TONAL TITLE nrSURANer COMPANY ALTA c O M H I T M E N T =LIB IT "A"' The land referr^ied to is this Commitment is described as follows: TORMSaiP 7 SO TO, RANGE 87 WEZT OF THE SIXTH ?RIPAL MmMZDMAN SECTION 29t SWT. f4Ss1/4 -SECTION 32; Q 2, 7,. 8, .10 .ANIS_21 SECTION 33: LOWS 1, 3, 14 AND 15. ESQ TEnntiatipiol THE PROPERTY DESCRIBED IN THE FOLLOWING INSTRUMENT RECORDED OCTORRR 13, /983 Dr B005K 637 AT PAGU 200 iAszmuKENT 22CCRi'�.ir ] moscammat 17, 1992 IN BOON. 850 AT PAWS 81 INSTRUMEarf RECORDED JULY. 10, 1993 Ib7 BOOK 867 AT S'AL'E 941 msrmatirENT R CP=ED TCTLY 6, 7.993 TR BOOK 867 AT PAGE 941 COUNTY or GARFIELD STATE ow CCtwRAt Toaoramm WL'TSc TOWNSHIP 7 SOtr , RAE 57 WEST OF THE SIXTH PRINCIPAL MERIDIAN SECTION 33: 1f 1/2S1/2NW1/4 1/4 COUNTY of GARFIELD AND ENGLE STATE OP COLORADO OTE r THE FINAL POQLICY DOES NOT IN ANY WAY GUARANTEE OE INSURE THE DI&SIO1 3 OF THE Anovm DEsommn LAND, TES LEGAL DESCRIPTION IS DERIVED FROM TEE CHAIN OF TITLE AN) ONLY AN ACCURATE SURVEY CAN ESE TEE DIMENSIONS _ PAGE 2 • FYHTRTT A PACE 6d13 Utility Company Service Letter cerise RANCH comprehensive plan amendment planned unit development and sketch plan HOLY CROSS ELECTRIC ASSOCIATION, INC. 379'1 HJC —hXA5' 82 P.O. DRAWER 2150 GLENWOOD SPRINGS, COLORADO 81602 October 7, 1997 Ms. Julie Pratte The Land Studio 100 Elk Run Drive, Suite l 22, Basalt, Colorado ,81621004 RE: Cerise Ranch, West of El Jebel • Dear Jude: at) ktik The above mentioned development is within the certificated service area of Holy Cross Electric Association, Inc. Holy Cross Electric Association, Inc. has existing power facilities located on or near the above mentioned project. These existing facilities have adequate capacity to provide electric power to the development, subject to the tariffs, rules and regulations on file. Ahy power line enlargements, relocations, and new extensions,necessary to deliver adequate power to and within the development will be undertaken by Holy Cross Electric Association, ,Inc. upon completion of appropriate contractual agreements, Please advise when you wish to proceed with the development of the electric system for this project. Sincerely, HOLY 1i l<r ECTRIC ASSOCIyriON, INC. Jeffrey x .({anise, Staking ngineer J AF: rj m 0.1: Jun -19-99 10:20am From-USWEST FIELD ENC GJT 3707444349 T-345 P 01/01 F-430 2524 Blichmmann Ave. Grand Junction. CO 81505 June 19. 1998 The Lancl Studio 100 Elk Run Dr. Suite 122 Basalt, CO 81621 Re: Cerise Ranch Project EI WE5 COMMUNICADDONS U S West Communications \vill provide telephone service to the Cerise Ranch Project as required by tariffs filed through the Colorado Public Utilities Commission. Please call me with any questions or concerns. 1 can be reached on 970-244-4308. Sir.::crely. Gary L. Gibson Field Engineer GLGlcjs • • • /11(0 tomorrow, TCI Cablevision of Central Colorado, Inc. To: Julie Land Studio Re: Cerise Ranch CATV Serviceability Diemoz Subdivision Serviceability For the Diemoz subdivision serviceability will present no foreseeable difficulties, as the cable runs straight through the proposed subdivision. However if any lines poles or other TCI facility need to be moved costs for such move will be borne by the developer. For the Cerise Ranch subdivision service is available with the following conditions. As TCI will require a trunk cable to service a subdivision of the size pro- posed,the connection will need to be made at a point near Hwy.82 behind the multi -family units currently being built at the corner of Dakota Dr. and Dakota Meadows Rd. Provisions for an easement will be needed as will trench- ing from this point into the proposed subdivision. If you have any questions or comments regarding these matters please call Bob Fisher or Terry Harrington at 925-4098. Thanks, TErry Harrington 201 Aspen Airport Business Center Aspen, Colorado 81611 (970) 925-4098 Fax: (970) 925.4106 An Equal Opporlunrty Emv;ayer • • • K N Energy, Inc. Northeast Region 0096 County Rd. 160 Glenwood Springs, Co. 81601 1-800-563-0012 June 19, 1998 Julie Pratte The Land Studio Re: Cerise Ranch 350 - 400 homes, school site. Dear Julie, This letter is to verify that we have received a request from your office on the ability to serve the Cerise Ranch. We have found the preliminary designs are acceptable for our needs and we are capable of providing this project with gas service based on these designs. Should you have any further questions, feel free to contact me at 928 - 0408. Thank you for your interest in our product natural gas. tarsi ff Shreeve cerise RANCH Property Owners within 300 feet comprehensive plan amendment planned unit development and sketch plan «City», «state» «post code» Julie Augur •O. Box 4389 seen, Co 81612 Carol York 0203 Dakota Meadows Drive Carbondale, CO 81623 Marguerite Travis 181 Dakota Meadows Drive Carbondale, CO 81623 Dakota Meadows Homeowners John & Regecca Henschel Clay Crossland Association P.O. Box 6783 PO Box SS 2227 Enema Rd Snowmass Village, CO 81612 Basalt, CO 81621 Basalt, CO 81621 Robert & Helen Haines 21 Dakota Court. Carbondale, CO 81623 James Horn P.O. Box 5518 Snowmass Village, CO. 81615 James Reed P.O. Box 1931 Basalt, CO 81621 Don Kriz Dakota Meadow Homeowners Garrett & Doretta Reuss 120 Virginia Rd. Association 167 Dakota Meadows Drive Glenwood Springs, CO 81601 P.O. Box 5000 Carbondale, CO 81623 Snowmass Village, CO 81615 Ken Kriz P.O. 2104 Glenwood Springs, CO 81602 Mike & Patricia Ann Steele 17 Dakota Ct. Carbondale, CO 81623 Peter Virtue P.O. Box 9695 Aspen, CO 81612 Lynni Hutton 0210 Dakota Meadows Drive Carbondale. CO 81623 Paul & Drista Klees P.O. Box 12258 Aspen, CO 81612 Christine Douglas 1631 Via Estrella. Pamona, CA 91768 Betsy & Maxwell Berry 183 Dakota Meadows Dr Carbondale, CO 81623 Scott & Patricia Hankinson 01 95 Dakota Meadows Drive Carbondale. CO 81623 Sandra Hargrave 0197 Dakota Meadows Drive Carbondale, CO 81623 Janice & Leslie Klahn 112 Ash Rd Basalt, CO 81 621 Maryann Teri P.O. Box 4451 Aspen. CO 81612 Donald & Denise Blue'kamp 0073 Dakota Drive Carbondale, CO 81623 Virginia Cerise P.Q. Box 2118 Basalt, Co 81 621 Dakota Partners, LLC 352A Beaver Dam Cir Vail, CO 81657 Blue Lake Owner's Association 0189 J W DR Carbondale, CO 81623 Gary & Ester Skibowski Norman Steepe & Linda Joseph & Linda Edwards 7496 Maceday Lake Road Jackson 14 Fender LN Waterford, Ml 48329 0204 Dakota Meadows Drive Carbondale, CO 81623 Carbondale, CO 81623 Richard Starr O. Box 2317 asalt, CO 81 621 Badlands Development. LLC P.Q. Box 11980 Aspen, CO 81612 Roland and Marta Parker P.O. Box 5086 Aspen, CO 81612 Wayne and Lois Vagneur 60 Flying Fish Road Carbondale, CO 81623 Bruce and Diane Bauldridge 17450 Hwy. 82 Carbondale, CO 81623 James Longstreth P.O. Box 28029 El Jebel, CO 81628 Molly Levitt Timmothy Appel! Donald Rafael arid Cheryl P.O. Box 414740 17283 Hwy 82 Howard Kansas City, MO 64141-4740 Carbondale, CO 81 623 1 7696 Hwy 82 Carbondale, CO 81623 Frederic and Frances Davies P.O. Box K. Aspen. CO 81 61 2-241 2 John Fish Jr.. P.O. Box 8250 Madison, WI 53708-8250 Bradley & Teresa Faber 174 Flying Fish Road Carbondale. CO 81623 Michael Palmer 138 Flying Fish Road Carbondale, CO 81623 Horace Work P.O. Box 6929 Snowmass Village. CO 81615 Betty and Jerry McCarthy P.O. Box 5133 Snowmass Billage, CO 81645 Wayne Rudd 132 Park Ave Basalt, CO 81621 BArt Lipari & Judith McGee P.O. Box 2485 Aspen, CO 81612 William Horst and Cindy Jo 17335 Hwy 82 Carbondale, CO 81623 Ruth Hake 17353 Hwy 82 Carbondale. Co 81623 Susan Nicholson 1 7365 Hwy 82 Carbondale, CO 81623 Terry Aller 17377 Hwy 82 Carbondale. CO 81623 Patricia Zordell 17395 Hwy 82 Carbondale, CO 81623 Jack and Eloise Ilgen 17352 Hwy 82 Carbondale, CO 81623 Stanley and Billie Zelnick 17698 Hwy 82 Carbondiae, CO 81623 Alpine Animal Hospital 17776 Hwy 82 Carbondale. CO 81623 Robert and Gloria Arnold 2542 Emma Road Basalt. CO 81 621 Kenneth McMecherl P.O. Box B El Jebel. CO 81628 Mumbert Cerise Family 17072 Highway 82 Carbondale, CO 81623 Dennis and Patricia Cerise 16724 Hwy 82 Carbondale, CO 81623 • • • Wetlands Investigation cerise RANCH cxamprehensive plan amendment planned unit development and sketch plan 7/24/98 Andrew Antipas Ecological Environmental Consulting, LLC Ir. Doug Pratte The Land Studio 100 Elk Run Drive, Suite 122 Basalt, CO 81621 Reference: Wetland Investigation and Delineation of the Cerise Ranch Dear Doug, A wetland investigation and delineation was completed at the Cerise Ranch (Figure 1) on October 10, 1997 by Aquatic and Wetland Consultants (AWC), and on April 29, 1998 by Andrew Antipas Ecological & Environmental Consulting, LLC. AWC's wetland report is attached as an appendix to this report. Executive Summary Approximately 26 acres of jurisdictional wetlands were identified within the limits of the project area (Figure 2). In addition to vegetated wetlands Blue Creek and North. Spring are considered "Waters of the United States" and fall under the Army Corps of Engineers jurisdiction. Impacts to wetlands and Waters of the United States will require permits from the Army Corps of Engineers prior to disturbance. All of the vegetated wetlands are found east of the ranch access drive off of CO Highway 82. Vegetated wetlands were dominated by a variety of herbaceous species including redtop (Agrostis alba), water sedge (Carex aquatilis), beaked sedge (Carex utriculata), Baltic rush (Pincus balticus), and reed canary grass (Phalaris arundinacea). Flowing from east to west, Blue Creek was channelized many years ago and vegetation is burned from the channel each spring. Eventually, the creek crosses under CO Highway 82 where it flows into the Roaring Fork River. North Spring flows from a drainage basin north of Richard Cerise's home, and most of the water from the spring is diverted into the ranches sprinkler system. Any remaining water finds it's way to a series of irrigation ditches on the west side of the ranch. PO Box 2467 Basalt CO 81621 970-963-8297 aantipasCsopris.net Introduction Wetlands are typically defined as areas that under normal circumstances support hydrophytic vegetation, have hydric soils, and wetland hydrology. The Army Corps of Engineers (ACOE) is the regulatory agency that has jurisdiction over wetlands. The ACOE reviews wetland delineations, issues permits, and insures that Section 404 of the Clean Water Act is adhered to. It is the responsibility of the Project Sponsor to determine if wetlands are present and to acquire the necessary permits from the ACOE if impacts are unavoidable. Methods The routine criteria as described in the Army Corps of Engineers 1987 Delineation Manual (Environmental Laboratory, 1987) was used to identify and delineate the wetland. The 1987 manual utilizes the three parameters of vegetation, soils, and hydrology to identify and delineate wetlands, and requires that these parameters be determined during the growing season. Classification of wetlands follows Cowardin et al. (1979). Weber's Colorado Flora of the Western Slope (1987) was the primary taxonomic reference, and plant species nomenclature and wetland indicator status follow Reed (1988) for the intermountain region (Region 8). Dominant plants species at each sample location were determined by visual estimation within a 30 foot radius plot.. Hydrophytic species are those with an indicator status of DEL (obligate wetland), FACW (facultative wetland), or FAC (facultative). Species listed as FACU (facultative upland) or UPL (obligate upland) generally do not occur in wetlands. Some species are not considered to be reliable indicators of wetland or upland conditions; these are marked NI (no indicator). All soil characteristics reported here reflect field determined conditions in the B horizon or the greatest depth above an impermeable layer. The Soil Survey of Aspen -Gypsum Area (1992) and the regional hydric soil list were also utilized during the investigation. Field Data Sheets are attached to this letter. Results SVegetated wetlands were identified by AWC and verified by Andrew Antipas Ecological & Environmental Consulting on the portion of the ranch east of the highway access drive. This area is approximately 200 acres in size. The pastures which are located between the highway and the hillside contain approximately 26 acres of wetlands. Flagged wetlands were surveyed and transferred to project mapping for planning purposes. For specific details of these vegetated wetlands (including wetland data sheets) please refer to AWC's report which is appended to this letter, Andrew Antipas Ecological & Environmental Consulting investigated the area west of the ranch access drive which is approximately 100 acres in size. No vegetative wetlands were identified. Pastures west of the access drive were dominated by clover, timothy, and orchard grass. Soil conditions did not meet the wetland criteria and test pits did not reveal a seasonally high water table. An" upland" sheet is attached to this letter. However, the top -of -bank for Blue Creek and North Spring were flagged as "Waters of the United States". These data points were surveyed and transferred to project mapping. Vegetation along Blue Creek is burned annually and when this investigation was completed no vegetation was present. Dominant vegetation along North Spring consisted of a mixture of upland • and wetland woody species including Gambel oak, serviceberry, alder, cottonwood and willow species. The woody vegetation encloses much of the spring from direct sunlight, and as mentioned previously, water from the spring is collected in a holding tank for the ranch sprinkler system. Summary Seasonally saturated palustrine emergent wetlands are present within the Cerise Ranch study area. These wetlands are hydrologically connected to Blue Creek and may be the result of 100 years of flood irrigation on the ranch. Blue Creek and North Spring are "Waters of the United States" and fall under the jurisdiction of the Army Corps of Engineers. If it is determined that the proposed project will disturb wetlands a Department of the Army Section 404 permits and State water quality certificate (Section 401) will be needed. Therefore, it is recommended that a pre -application conference be held with the Army Corps of Engineers to review the proposed project prior to submitting the permit application. Wetland impacts of less than 1/3 of an acre are usually covered by Army 4111 Corps Nationwide permits. Nationwide permits are usually issued within 60 days. If impacts are greater than 1/3 of an acre "Individual Permits" • are usually required. The review period for individual Permits is usually 6 to 9 months and sometimes more. Functional Analysis Wetland functions enhance our quality of life. The ability of a wetland to perform certain functions often determine the value of that wetland to society. Unfortunately, these values do not always correspond to what is best from an ecological perspective. Examples of wetland functions include: primary production, organic export, sediment deposition, nutrient/toxicant retention, and water storage. Adequate scientific evaluation of wetland functions is a time-consuming and complex process. However, it is possible to infer certain functions based on the visibly apparent characteristics of a wetland. The wetlands identified in this report are hydrologically connected Blue Creek and adjacent irrigation ditches which criss-cross the study site. The wetlands on the Cerise Ranch are positioned to filter sheet flow during rain storms and spring snow melt which exceed the banks of Blue Creek. This filtering removes sediment and nutrients, reducing soil erosion and • enhances water quality of neighboring streams and rivers. The wetlands are in a slight depression and may contribute to groundwater recharge which maintaining water levels in the drainage of Blue Creek, which is connected to the Roaring Fork and Colorado River Drainage. Maintaining water levels is critical to protecting wildlife habitat. The cumulative worth of all wetlands and their contribution to the regional environment cannot be overstated. However, it is apparent that this area has been regularly disturbed for over 100 years as a result agriculture activities. Wetlands identified in this report, have a moderate to high value to wildlife and society. If you have any questions or require additional information please do not hesitate to call. Thank you for the opportunity to provide ecological consulting services to this project. Very truly yours, n li 411 Andrew Antipa anager • Literature Cited Alstatt, D.K., and D. Moreland. 1992. Soil Survey of Aspen -Gypsum Area, Colorado. US Department of Agriculture, Soil Conservation Service. 2G0pp + appendices. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe, 1979. Classification of Wetlands and Deepwater Habitats of the United States. US Department of the Interior, Fish and Wildlife Service, Biological Services Program FWS/OBS-79/31, 103 pp. Environmental Laboratory. 1987 Corps of Engineers Wetland Delineation Manual. Technical Report Y-87-1, US Army Engineer Waterways Experiment Station, Vicksburg, MS. Kollmorgen Corporation. 1994. Munsell Soil Color Charts. Macbeth Division of Kollmorgen Corporation. New Windsor, NY. Reed, P.., Jr., 1988. National List of Plant Species That Occur in Wetlands: Intermountain (Region 8). US Fish and Wildlife Service Biological Report. Webber, WW., 1987. Colorado Flora: Western Slope. Colorado Associated University Press. Boulder, Colorado. 530pp. • • • Project Location Map Scale I" = 2.5 miles Map taken from The Roads of Colorado, Shearer Publishing Company, 1996 Figure 1 • • Fad L.a gat ): n *>r 1 DOE 41 7- Project/2z l Car"/ SC /L/ -!II C 41 Fara a ID: Sate C cacao: 6 A 12 r=1 e`L f] Sample Locating IDeacripdrt):. f,4 5 r vite`S Towaahip: r - j Pitt V� Click Primary Weiland Derineatioc Cadence M l' 1919T,dersl Imexagmrr Matbod % 1.9V CvrAt Ellgionm Maarrod Bas the F',az C r zy, $Q , os Sydrrlarr Bern Di»rhese Ts 4 Mo Dr Normal E irons:tQcal Conerstioni Permed rt this S I n* Lacatiaa.• Yaw +7e L the area a poteaual prob area? You 'tie De suede Drax 1 hvbiemaric Femme: VCGfir' i c,& Torr• STiIwC +"� 49 f] I R t.v a o •I" 7,---1" 4- k,Sc1 A CA `r rt t- /' I t dt Dam NANT VEGETATION T-0 G t GiL„,, _ c+ o1d H.04—iri,-/ 14 he (p vat FLA T SPECIES Matrix Calor (nattt) Motile Calor (moist) END. ST. STR_ _ ?LAST SPECIES IND. ST. SiR. I.1).c}cil}'ss 1.1w- ro-k-c._ C-0., i-- 1.:1,r_, L(crri-.,,,d /1. -ss 2. +11,, ,.� 3 rn n FA-C` i; Vi r I-, 7, ' ^"t'r't.7 i, v 3,, c �, .,_ r C h.,(4. 1 L ,rt ,4'li C avD Ii L.d 4` .1C+,.tc- I r ;, r€ 3 h i Cc - .,-c L 3 O3L l'-s.p rl n 7. •rfr,a Jen ,. ` 7 kr, r 13 us. ,,,.ci ■ Fire/saw OBL, FAC ;i', ar FAC tpetist (escliatEmtg FAG) Real of FAC-astaai Tett Caw.. Very a'7 fe esd" IN ++c n Cta•+r-raC" Mapped SereevP'htsIO .1/ C.: ,• Taiociacak Satarnzip: Koriran 1 I}e xh Matrix Calor (nattt) Motile Calor (moist) ?4factsrAbandsnatfCantrazt -- l- Y 1 r b `r re_ '4/3 Mapping tmat fisted as a local hydric sce2 lsst' Mak rps{sedon ;sinew? Seirfr Glared or Low -Bryne cotars" Mapped Saint/t_. Confirmed in Flekr lasarkc 1{EXy l2 C( Mapping unit listed ea the :national hydric acrd Sot' Sescreicatide C ars_r aace Mei Organic A - kiwi= its Sandy Sols? Organic Streaking 1 Sparse Marina/ -- - tee' Ct•L• /c/ /I 4 HDR O LOG Yu Depth of grumd rnr$ace i td.at.=aches) ?runt -y rf r&. Uar:: DbeesTed Ien...i tiori Seismal in Upper 12 iaes+s Water Marin Drift Linea Sediment Depososs Weiland Drainage Pattern �dC 1 rvOC, r7 ICS PIZc t?`f7� Depth to Fret Standing Wrier is Sal P des) Gic-nriary Indicators C car more required Oxidized Rhisorpberea within 12 isachee WEserassmed Leaves FA C -amnia Tat Hydreiogic Field Dalelate sp,eM5c) tanarlrs: AJ 0 1-rv.7t C,4 i G'kf_S JURISDICTIONAL DEZEL\ENATION AND RATIONUE flydrvptrrtie Vetetatioa ?mete Hydric Sods Present' Wetland Hydrology PrTseui: rkditiantJ comm Ants: Yes No Yes do `< Yrs No Y Is this }ami kJcttion within s westssicr Yet No \/ Wetland tlaxvrrms;an; 0 Consulting • Construction • Nurseries • Tre,itment Systems AQUATIC AND WETLAND COMPANY 31 March 1998 Mr. Doug Pratte The Land Studio 123 Emma Road, Suite 204-A Basalt, CO RE: Wetland Delineation, Cerise Ranch, Garfield County, Colorado Dear Mr. Pratte: This letter report summarizes the field findings of a wetland delineation performed on a parcel of land known as Cerise Ranch, 1 between the dates of October 7-9, 1997, by Aquatic and Wetland Company (AWC). The delineation was performed on behalf of Wintergreen Homes, the prospective buyer (Jeff Spanel, Wintergreen Homes, 77 Metcalf Road Box 978 Avon, Colorado, (970)949-4120). INTRODUCTION Cerise Ranch is located in Township 7 South. Range 87 West, Sections 32 and 33 (Latitude 39° 24' 20" N, Longitude 107° 07' 45' W), Garfield County, Colorado. The property is accessed by traveling State Highway 82 south from Carbondale toward Aspen. Approximately 1.25 miles past the town of Catherine, (intersection of County Road 100 and State Highway 82) a dirt/gravel farm lane accesses the property off Highway 82 to the north. SITE CONDITIONS The property is located in Roaring Fork valley, The valley floor lies at an elevation of 6348 feet MSL and rises steeply to the north to an elevation of 6600 feet MSL. The flat valley floor of the property has been flood irrigated and used for pasture and hay over the past 30 years (personal conversation with farm manager). Several irrigation ditches bisect the property from east to west and are used to flood the southern half of the property. The historic flood irrigation of the area and seasonal high groundwater table has contributed to the wetland conditions within low-lying areas of the property. DESIGN • BUILD • GROW 1655 Walnut • Suite 205 • Boulder, Colorado 80302 • (303) 442-5770/442-8133 FAX METHODOLOGY The delineation was conducted using the methodology enumerated in the 1987 Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory 1987). The three parameters of hydric soils, signs of hydrology and dominance of hydrophytic vegetation were utilized to identify, flag and map all jurisdictional wetlands. RESULTS Soils The soil types mapped by the U.S. Soil Conservation Service (SCS) occurring within the area of concern are listed below (SCS 1980): (38) Evanston loam (55) Gypsum land-Gypsiorthids complex (114) Yamo loam (115) Yamo loam These soil types are not listed as hydric on the Colorado List of Hydric Soils. Vegetation The dominant vegetation species of the jurisdictional wetlands, observed along the delineated boundary, are listed below: TABLE 1. DOMINANT WETLAND VEGETATION Scientific Name Common Nance ltg. 8 Indicator Agrostis alba redtop FACW Carex aquatilis water sedge OBL Carex utriculata beaked sedge 013L Eleocharis palustris creeping spikerush OBL Juncos balticus Baltic rush FACW Hordeum jubatum fox -tail barley FAC Lerma minor lesser duckweed OBL Phalaris arundinacea reed canary grass OBL Salix exigua sandbar willow OBL Vegetation characteristic of the upland sections of the pasture area consisted of; timothy (Phleum pratense), orchard grass, clover (Tr folium spp), thistle (Cirsium spp), dandelion (Taraxacum officinale). Dominate vegetation of the northern limits of the property are typical of a day, steep, foothills zone scrub -shrub community consisting of; big sagebrush (Seriphidizon triderlaturn), mountain rabbitbush (Chrysothcrrnnus parryi affinis) plains cottonwood (Papulas deltoides), Rocky Mountain juniper (Juniperus scopulerum) and scrub oak (Quercuus gamhelii). • • • Hydrology The nearly level southern 2/3 of the property are the topographic low area of the property which appears to accumulated the flood irrigation water, seasonal runoff and precipitation. Blue Creek bisects the property (wetland DA) from east to west and supplies natural base flow and irrigation to the area. The creek has been channelized and is experiencing bank erosion and down cutting. Several irrigation ditches (labeled as, DB, DC and DD on the wetland map) are used to flood irrigate the pasture during the growing season. The flood irrigation appears to be the main. source of hydrology to the wetlands. Seasonal high water table and/or runoff may contribute to the sustaining hydrology, but to .what amount is unclear. To determine the hydrologic source of 1 h wetlands AWC would recommend further groundwater study. JURISDICTIONAL DETERMINATION The jurisdictional boundaries marked in the field by AWC delineate the limits of the following wetland systems: TABLE 2. JURISDICTIONAL WETLAND HABITAT ED— Al -A4 B1 -B7 B100 -B115 C1-C7 D 1-D5 El -E6 E100 -E108 F 1-F9 G1 -G6 G100 -G105 H1 -H4 11-15 J1 -J6 KI -K8 L1 -L8 01-09 P 1-P3 DA I-DA3O DA 100 -DA 129 Classification PEM PEM PEM PEM PEM PEM PEM Description isolated roadside depression roadside/irrigation ditch PEM PO/PEM PEM PEM PEM PEM PEM Waters of US/PEM depression/ receives depressions receives depression/ receives depression/ receives depression/ receives irrigation flow irrigation flow irrigation flow irrigation flow irrigation flow depression) receives irrigation flow small pond depression) receives irrigation flow depression/ receives irrigation flow depression/ receives irrigation flow depression/ receives irrigation flow depression/ receives irrigation flow natural flow (Blue Creek)/ channelized • TABLE 3. NDN-JURISDICTI©NAL WETLAND HABITAT Classification Description DB 1 -DB 16 irrigation ditch confined to channel DB 100 -DB I06 DC 1 -DC -8 irrigation ditch confined to channel DC 100 -DC 106 NI -N12 irrigation ditch confined to channel Classifications of wetland and waters types are in accordance with the U.S. Fish and Wildlife Service (USFWS) Classification system for wetlands and deep water habitats. (Cowardin et. al. 1979). AWC identified and delineated 13 wetland habitat units within the site boundaries. Although these wetlands receive irrigation water, they are considered jurisdictional until the extent of irrigation supplied hydrology is determined. The jurisdictional boundaries were marked in the field with sequentially numbered flagging. The boundaries were then surveyed by Inter - Mountain Engineering and plotted on the enclosed map entitled, Wetland Map (xxlxxlxx). Three non jurisdictional wetlands were also identified. Non jurisdictional determination is based on channels clearly used for irrigation, wetland characteristics confined to the channel and the channel contains water control structures. If you have any further questions or require further information please feel free to call me. Sincerely, AQUATIC AND WETLAND COMPANY David J. Blauch Wetland Ecologist cc: file Enclosures: Figure 1. Site Location Source: Leon,CO. Quadrangle 7.5 minute series, USGS 81961, Photorevised 1987 Carbondale, CO. Quadrangle 7.5 minute series, USGS 81961, revised 1987 Field Data Sheets (8) LITERATURE CITED Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of wetlands and deep water habitats of the United States. (FWS/OBS-79/31) U.S. Fish and Wildlife Service. Washington, D.C. Environmental Laboratory. 1987 Corps of Engineers wetlands° delineation manual. Technical Report Y-87-1, U.S. Army Corps of Engineer Waterways Experiment Station. Vicksburg, MS. U.S. Soil Conservation Service. May 1992. Soil Survey of Aspen -Gypsum Area, Colorado, Parts of Eagle, Garefeld, and Pitkin Counties. U.S. Department of Agriculture. Washington, D.C. 0:lawclprojects\ 10-97070\jd7070. doe • • • • Source: USGS 7.5 Minute Quadrangle Leon & Carbondale Colorado Scale: 1" = 2,000' AQUATIC AND WETLAND COMPANY Cerise Ranch Garfield County, Colorado Project No: 10-97070 Date: January 1998 Figure 1 Site Location • • AQUATIC & WETLAND CONSULTANTS WETLAND DETER,MMLNA.TIO t -DATA SKEET Feld Investigator(s) Itk-e ProJec radon: /1 .yta-' Date: sa /47 Piot tit D41 AWCit: /) gresro Do Normal Circur`sstancts esi.►t on the site No Are the vegetation, soils, aodfor hydrology slgnirlcantiy disturbed (Atypical) No L the area a potential Problem Area (seasonal. prairie pothole, etc.)? Yes VEGETATION Type or Community/Zone: /r",FC s �' t� .�, v� •!.,� Dominant Plant Species 1. 1.+..1 Yv.ve%,,s.02 - 2 Gl-•1'1...; a,I sk 3. ' 4. S. 6. Stratum /1' 14 of dominant species that are 013L, FACW andlor FAC. "REMARKS: Vr'r 5y ten, fay.' Indicator r, 4(. n�3L_ DA I- 0,410 i�+4ioo - O1 I q Profile Description: Depth (inches) Matrix Color S011.5 Mottle Color/Abundance Texture Hydric Soil Indicators: _ Gleyed or Loi' -Chromes Colors _Low -Cb roma and Mottles _,Soilidle Odor _ Concretions _ Riede Eplpedon _High Organic Content (sandy) _Organic Streaking (sandy) • REM -UM: Cc. Lb% - '%rr�ir /o7r ,'°•.k ,I HYDROLOGY Is the ground surface inundated? No Surface water depth: ^- r� L the soil saturated' Yes No Depth to Saturation:_ - Depth to ere-steadIng natcrIn pit: Wetland Hydrology'Indicators: Primary Indicators: Secondarylndlcators: Inundated • _ Oxidized Root Channels in upper 12 inches _Saturated in Upper 12 Inches _Water -stained Lea 'ts _Water Manes Drift Lines _Sediment Dcposites rri" rrr1 fY,/f /0 . "RE (ARKS•yr�o yrr Li 1 ase "P6,+4-0 JURISDICTIONAL DETER.M] ATION Hydrophytic Vegetation Present' No •Remat1:s.rBationaie: , p.t.- ,L Xe .s ..,(4 Hydric Soils Present? Yea C 4 5. 1- "41.,- 0 &.4,,.0 Vr'etland Hydrology Present? No L the plant community a wetland? YespHo shy WelrefS of 11 S . Y (2) , -*C IC It e&it- [Us;rS) Js dei Ns f e 3.,t • Remarks are continued on the back or the data bet ;r~ e�ia.�,s �� 4./.7 211,—,14/ ee-04} /=%/Ch. NC✓ AQUATIC & WETLAND CONSULTANTS WETLico DETERMLNATION- DATA SHEET Field Investigator(s)€ �:- ` /r ProjectfLocetloo: - r Da Plot Plot1�: AWCW: tv-970 Ira Do Normal Circumstances exist on the slt.e? Are the vegetation, soils, andfor hydrology significantly disturbed (Atypical) L the area a potential Problem Area (seasonal prairie pothole, etc.)? 7 No No No VEGETATION Type of Community/Zone: ('[ /% • ,. -: } •,r° Dominant Plant Specks 6. Stratum Indicator % of dominant species that are OBL, FACS' and/or FAC:,-� * RE M.A.RKS : Profile Description: Depth (Laches) Matrix, Color .3.�... Y_ 1'E. :f!/ �v S OIIS Mottle ColorfAbundance J. I1 Texture ore p c/,t r Hydric Soil Indicators: _. Gleyed or Low-Chroma Colors /Low -Chrome and Mottles _SuVidlc Odor _Concretions l -Retic Eplpedon _High Organic Contest (sandy) _Organic Streaking (sandy) * REMARKS: HYDROLOGY L the ground surface inundated? Yes v Surface water depth: -- Ls the soil saturated? 19 No Depth to Saturation: 1 0 '' Depth to free-standing water in pit: Wetland Hydrology Indicators: Primary Indicators: Secondary Indicators: _Inundated _Oxidized Root Channels. In upper 12 inches Saturated In Upper 11 Lncbes _Water-stalned Leaves _Water Marks Drift Lines _Sediment Deposltes *REMARKS: JURISDICTIONAL DETERMINATION Hydrophytic Vegetation Present' Yrs` No Hydric Soils Present?fir No Wetland Hydrology Present? No L the p3a.ntcommunity a wetland? * Remarks art continued on the back o *Remarks.Ratioaale:VJ' /:.-. :/70;'4: 4 fie_ a 1.„,..re:I+,,f -r p�„r ie. ,—t lr:y.. 4.44 No a. F' i Vii`, Min f0.h/ ” y - I ;i 4Yg 4•t3 v t NN I / rale data sheet C0' ..ciarQd 3V'e.sd+r4+.)Ai 1 +•dla+4Pd Cte'J 6., err ion to yeaN.) • • • AQUATIC & WETLA ) CONSULTANTS WETLAND DETER.MLNATIO1[- DATA SHEET Field Investigator(s) gI,44'N /Fo.",r PrvjectTLocation : (c .sa 1 Date: obice7 Piot : 1- 1 A 'C): iv -70 b Do No nn Circumstances exist on the site Are the vegetation, was, and/or hydrology tg ii3cantly disturbed (Atypical) Is the arta a potential Problem Area (seasonal, prairie pothole, etc.)? ltio c No Yes YEGETATIOti Type of Community/Zone: PE Dominant Plant Species 3. ' a � 4'0,4,. f;;r 5.. 6. *RENLAR.S: P11 Stratum •14 of dominant species that are OBL, FACW and/or FAC: I Indicator Firft•vV f$c vv Profile Description: Depth (Inches) Mattis Color 3-24 /0w 2/1 Hydric Soli _ Gleyed or Law -Ch roma Colors _Concretions ,_High Organic Content (sandy) SOILS Mottle Color/Abundance rwnJi-.Sr x.. Texture nTn Indicators: 'Los+^-Chroma and Mottles Suifidic Odor _� HI/ tic Eplpedon .. _Organic Streaking (sandy) * REl�IARKS: HYDROLOGY 11 the g -round surface inundated? YesS'se, Surface water depth: Ls the soli saturated' No Depth to Saturation: to" Depth to free -a taudingn aterin pit: Wetland Hydrology Indicators: Primary Indicators: SecandaryIndlcators: _Inundated _ Oxidized Root Channels in Saturated in Upper 12 Inches _W ter -stained Le•ati•es •'Water Marks _ 'Drift Lines •REMAILI•CS: F 5 •,.. _Sediment Deposites N=' 5e "L.+f cfr�,'a7e5• eNe►,re-476 4:1"' dere ,,..T upper 11 inches 1 Hydrophylic Vegetation Present? Hydric Solis Present, Wetland Iiydrolo yPresent' L the plant community a wetland' JURISDICTIONAL DETERMINATION No No No No "F telmajrks/Rationale: 1Co.,,,1c.r *Remarks are continued on the back of the data sheet • • AQUATIC & WETLAND CONSULTANTS WETLAND DETER.'tirDrATIO;i -DATA S1-{EET Field Iavasttgator(s) l31a�-7IC.tt ProjectlL ation: yr fi Ric r .**N 4 IN Date: /.'%47 Piot k: 1- C ' fr/•7'o 17r)7e Do Normal CircumaLan cO e.+t on the sitar tet No Are the vegetation, was, suYdiorhydrodog)'significantly d[stvrbed (Atypical) 'r 4 L the AMA a potential Problem Area (seasonal, prairie pothole, etc.)r Yu Type crt CommunIcyTZoue: / 1 VEGETATION Dominant Plant Species Stratum Indicator 1. ia. x Y .',I z i.' I. r _,___ 04 L. 3. 4. , ..\„C) d. ; r :-.. • 1;: I 1 .. 4. ,L f7fc.W S. Tf,'+ 1, ,�e,�t — 6. . ordotnlaasst species that are OBL, FACW andlorFAC:) CO% 'REMARKS: ProCcde Description: Depth (Inches) hratri.x Color 712, ieyr: SOILS Mottle Color/Abundance a Hydric Solt Indicators: Gleyed or Low -Cb roma Colors ! ,ow-Chrotai and Mottles _Concretions Histic Epdpedon _High Organic Content (sandy) _Organic Streaking (sandy) * RL b iARIiS : Texture r e 477 _Sulfidic Odor 000001001 ** 0*** *0000 **** 0001111/0 HYDROLOGY L the ground surface inundated? Yea NO Surface water depth: 7s the soil saturated? ? No Depth to Saturation: ! 8,. Depth to rree-s tan ding renter in pit: Wetland Hydrology Indicators:. Primary Indicators: Secondary Indicators: _Inundated Oxidized Root Channel in upper 12 inches Saturated las Upper 12 Inches _Water -stained Leaves _Water Marks _Drift Linea *REMARltiS: .'_::�-, f; :/ .lnr r.P. t 4/R. _Drift I}eposltcs • - - 00100100*00 **1 RA 1 A R 0 0 011111101000** JURISDICTIONALDETEl MM1 ATIO,N "Remy ari.a/Ratlonale: a y+ri! STAY- Frei C w t i Cr/ :`/r. q.2/1;) 4 HydropbyicVegetation Present,' d dna Hydric Solt Present? n No 0 \4'etland Hydrology Present? No Is the plant community a toeflan d? c No -1 ,,,tici,.r �loval S yip et i -op, 'c�a — dee-as c›vfsJt o ►f e,// -, E,' h �14-le or n*o ctlee.,t CPAP' * Run Irks are continued on the back of the data ihect 111101 A 1** A A 0 A 000 RAR AQUATIC & WETLAND CONSULTANTS WET LAND DETERMLNATION - DATA SHEET Field investigator(s) li c f if., , Project/Location: ., l Date: 407 07 Plot IS: /1/, /-/ AWC#: c- 97C 7° Do Normal Circumstances exist on the site? Are the vegetation, lolls, andl'or hydrology significantly disturbed (Atypical) Is the area a potential Problem Area (seasonal, prairie pothole, etc.)? No No Yes /No Type af' CommunityR.one: 11:1[ Dominant Plant Species J, 634... 3. 4. 6. VEGETATION Stratum Indicator ©,3 nc_ �g �• ��� % of doccti ant species that are OBI-.., FACW and/or FAC: Rea r-M.A,R}CS: Prorde Description: Depth (Inches) Matrix Color Y'1' S O LLS Mottle Color/Abundance Texture 1,,,2o+ Hydric Soil Indicators: _ Gleyed or Low-Chroma Colors /tow-Chroma and Mottles A Su1 ldic Odor _Concretions_ Milt Eplpedon _High Organic Content (sandy) _Organic Streaking (sandy) * RE MARKS : HYDROLOGY I the ground surface inundated? i et No Surface water depth: U the soli saturated' (Ye) No Depth to Saturation: () Depth to free-standing water In pit: Wetland Hydrology Indicators: Primary Indicators: _.Inundated _Saturated In Upper 12 Inches _ Wato r M a ruts Drift Lines _ _ Sediment Deposites ****N*N**********N*N**** Secondary Indicators: _Oxidized Root Channels In upper 12 Inches _Water -stained Leaves *REMARKS: URISDICTIONAL DETERMENATION Hydrophytic Vegetation Present? t 'cis No Hydric Soils Present? No Wetland Hydrology Present? YR No L the plant community a wetland? '� No *Rema rics/Rationale: * Remarks are continued on the back of the data sheet ** AQUATIC & WETLAND CONSULTANTS va-F AND nETER-MIL`iATIOti - DATA SKEET Field awes tigator(s) #� r %� Date: r f Piot 0: ProjeetfLocation : r:. se kitive - 9 76 20 ■..,� Do Norm al CircurnsLances em st on the sIte' Are the vegetation, soils, and/or hydrology lag:Meantly disturbed (Atypical) L the ars a potential Problem Area (seasonal, prairie pothole, etc.)' No No Yu ' VEGETATION Type of CommuntcyIZone; Dominant Plant Species Stratum Lvileator 1. .i`... . _ +, /4 ,► 4n,..yi z N tilt 3. !' ; , i H . r►t..e! S 6. % or dotntaint specks that are Oi3L, FACCV *ndfor FACt_ 1 00% "R E MARKS: SOILS Profile Desscriptlon: Depth (Thebes) Matrix Color Mottle ColortAbundanee Texture 1 :. Lir f Hydric Soil Indicators: r_Gleyed orLow-Ch roma Colors , Low-Cbrotna and Mottles _Sulridic Odor _ Concretions _ HLstic Epipedon High Organic Coatect (sandy) _Orgaalc Sire'mag (sandy) RShL&RKS: HYDROLOGY L the ground surrace inundated? Yes N.6\ Surface water depth: L the soli saturated? (Yex) No Depth to Saturation: n Depth to free-standing rester to pit Wetland Hydrology' Indicators: Prim R ry in d Ica to rs : Secondary Indicators: .inundated -.Oxidized Root Channels in upper 12 Incbes .Saturated 1n Upper 12 Inches ,Water -stained Leaves Water Marks ll 7. _Water "REI1Ir'IRKS: �''r � �'�')'% .<�,;,: _.. ^r iJ.= . h• � Sediment Depositei Hydropby tie Vegetation Present? Hydric Solis Present?! No • 'Wetland Hydrology Pn cnt? X:47,No L the plant community a wetis.nd? No TUI USDICFIONAL DETER..M ATION "Remarks/Rationale: ��• r' 'c� 1 v - f ,f1 �..,p.. u.s - •.1 v r� " Remarks are continued on the back or the nista, sheat yl5. d's ft 14/00 A.. -1 eoe'1 e Glayf� fL .S4%1C (j.i •;tG • f� phJ • AQUATIC & WETLAND CONSULTANTS 'S'ETLANDL1ETE1R-Mt ATOS -DATA SKEET Field Investigator(s) ( iik4em Date: aa, 7fr 7 Plot a : OP 09 ProjectiLocation : 'kos. �AVC-04 f.WC": in-- q74,e1 Do Normal Circumstances eslst on the site' ra" itio Art the vegetation, soils, and/or hydrology:tg;tlllcantly disturbers (Atypical) No L the area a potential Problem Area (ses..sonal., p r alrte pothole, etc.)? Yes ED ti'E G ETATIO ti Type o(CqnmunItyfloc P_ tvl �I^'•O•V +CN� Dominant Plant Species 1. CA of `TF.j (f S I•-.4.. h, 14, e 4 R 3.Zip,-,,,%4 L w� i 4. 5 6. *REMAR : •1 Stratum Ldicator % of dotninaat species that are OI3L, PAM andlorFAC: Profile Di- criptton: Depth (Inches) Nstrla Color r h , Y 7,/, 5011S AfottIe Co1orIAbuncis. Texture Hydric Soil Indicators: GIeyed orLow-Cb roma Colors _Low -Cb rota and Mottles _Sullidic Odor _ Concretions _ Ills tic EpIpedon _High Organic Cora tent (sandy) _Organic Streaking (sandy) • REALA.RKS: HYDROLOGY 7a the ground surface Inundated' Yes g)—Surface water depth: L the soli saturated? Yes Depth to Saturation Depth to free-standing water In pit: Wetland Hydrologylndicators: Primary Indicators: Secondary Indicators: ,;Inundated gOildized Root Channels In upper 12 inches _Saturated in Upper 12 Inches Water Marlu _Drift Lines _Sediment Deposltes _ Wtor-stained Leaves *REMARKS: �.� rPc�•-V e '`rf �G.�++ •eJ..a .�? cll. 3URISDICTroSAL DETZRM ATI©N Hydropbytic Yegctation Present? WC_ No *Remarics-Rationale: re — c ie.. .a .1- ',telt iper-e 1 Hydric Soils Present? No ,.,•r1. i p• v.,,, c.- 1/ caf flk. 4S 4'' i 'Wetland Hydrology Present? No fr•`r. r{ • . ,~ r �s ! Li the plant co munity a wetland? Yr No �. team . j. R.. e/c v f '. * Remarks are continued on the back of the data sheet - S +vitlii tlr f,p ps roma l 1,,, a 1 h,�,r6 • • • Drainage Basin Analysis cerise RANCH comprehensive plan amendment planned unit development and sketch plan P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 • Z4NC4NELL4 414() 4SSOCI4TES, SMC. ENGINEERING CONSULT414T5 July 27, 1998 Mr. Doug Pratt Land Studio 100 Elk Run Drive, Unit 122 Basalt, CO 81621 RE: Cerise Ranch PUD Dear Doug: (970) 945-5700 (970) 945-1253 Fax At your request, Zancanella and Associates, Inc. has prepared the attached drainage basin analysis for the Cerise Ranch PUD to be located on the north side of Highway 82 and west of the Dakota and Blue Lake Subdivisions in Sections 32 and 33, Township 7 South, Range 87 West of the 6th P.M. Figure 1 attached is a basin map and vicinity map for the proposed Cerise Ranch. Figure 1 shows that there are five drainage basins that are tributary to the Cerise Ranch property. Basin No. 1 is Blue Creek which consists of approximately 10.6 square miles. Basin No. II, designated as Ranch Draw, is actually an unnamed tributary of approximately 2.4 square miles. Basin No. III is approximately 63 acres. Basin No. IV, 108 acres and Basin No. V, 40,9 acres. Table 1 defines the physical parameters of the five basins tributary to Cerise Ranch including the water course length, starting and ending elevations, hydrological soil types, and the time of concentrations used in the SCSTR 55 method for estimating flood flows. The largest area, the Blue Creek basin, was analyzed using the TR55 SCS program along with the 24 hour duration, 100 year storm event which resulted in approximately two inches of precipitation. The calculations sheets attached (Appendix A) show the summary of the calculations for each of the drainage basins. These preliminary calculations were prepared to provide preliminary flow estimates that could be used for planning purposes at the Sketch Plan level of submission for Garfield County. As the development plan is refined, the flows from these basins will be analyzed in more detail and estimates will be prepared to evaluate both pre -development and post development conditions. In the case of the Blue Creek flows, we have simulated the estimated 100 year storm event through the existing topography using HEC RAS to determine the 100 year flood event elevations. No channel modification have been considered at this time. Figure 2 • • • shows the 100 year flood plain from the Blue Creek flows. Conclusion Both the figures, 1 and 2, are presented at this time so that these potential flood flows can be taken into account at the Sketch Ran PUD level of submittal to Garfield County. As soon as a final development sketch plan is prepared it will be necessary to calculate the pre and post development discharge hydo graphs for both the existing and proposed conditions. These curves will show the change in volume of run off from the existing conditions to the post development conditions. This will allow us to calculate the proper storage to insure that post development conditions match predevelopment drainage conditions from the Cerise Ranch site. if you have any questions, please call our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. Thomas A. Zancanella, P.B. cc: Art Kleinstein N : \97000's '07426 \prat td rad n a g e.wpd • • • APPENDIX A • CALCULATIONS • • GRAPHICAL PEAK DISCHARGE METHOD Version 2.00:Project : Cerise Ranch User: Dm Date: 07-16-96 County : Garfield State: Co Checked: Date: Subtitle: Blue Creek Watershed (run A) Data: Drainage Area . 10.6 Sq Mi Runoff Curve Number 67 Time of Concentration: 1.50 Hours Rainfall Type . II Pond and Swamp Area •NONE Storm Number Frequency (yrs) 24 -Hr Rainfall (in) Ia/P Ratio Runoff (in) Unit Peak Discharge (cfs/sgmi/in) Pond and Swamp Factor 0.0% Ponds Used Peak Discharge (cfs) 100 2.4 0.41 0.32 175 1.00 587 GRAPHICAL PEAK DISCHARGE METHOD Version 2.000Project : Cerise Ranch User: DM Date: 07-16-98 County : Garfield State: CO Checked: Date: Subtitle: Blue Creek Watershed Data: Drainage Area 10.6 Sq Mi Runoff Curve Number . 66 Time of Concentration: 1.50 Hours Rainfall Type •11 Pond and Swamp Area : NONE I Storm Number 1 1 1 f - - 1 I Frequency (yrs) 1 100 1 1 I 1 • • CERISE RANCH P.U.D WATERSHED DATA Table 1 • Watershed Watershed Area(1) Watercourse Len h.1_ Elevation start end change, H Hydrologic{ Soil Group(2) Soil Number CN(3) Time to Concentration(4) Q100 -year Flood Flow({) Name Designation (sq.ft) (sq.mi) (ft) (ft) (ft) (ft) - (hr) (cfs) Blue Creek 1 295586503 6785.7 10.60 40015 8120 6390 1730 Ef0+ 67-70 1.50 720 Ranch Draw 11 57967606 1560.3 2.44 1560 7360 6400 960 B 70 0.04 325 Unnamed Trib. 111 2737456 62.8 0.10 2572 7005 6390 615 D 89 0.09 138 Unnamed Trib, IV 4712152 108.2 0.17 4473 7195 6390 795 B 80 0.19 106 Unnamed Trih. V 1783419 40.9 0.06 2148 7020 6390 630 D 89 0.08 83 NOTES: (1) Watershed Area, Watercourse Length and Elevations were taken from USGS Quadrangles. (2) Hydrologic Sail Groups were determined from the Soil Conservation Service's 'Soil Survey of Aspen -Gypsum Area, Colorado. (3) Soil Nurnber, CN, were determined from Table2-2, pg. 2-5 in "Peak Flows in Colorado", SCS 1980. (4) Time to Concentration, tc, were determined using: tc (LA1.15)/7700(H^.038). SCS 1972. (5) 100 -year Flood Flow calculated using SOS TR -55 Tabular Method. 7/2.7/981 52 PM watershed Maxis SCSTR 55 RESULTS • • 24 -Hr- Rainfall (in) Ia/P Ratio Runoff (in) Unit Peak Discharge (cfs/sgmi/in) Pond and Swamp Factor 0.0% Ponds Used Peak Discharge (cfs) 2.4 0.39 0.35 184 1.00 674 GRAPHICAL PEAK DISCHARGE METHOD Version 2.00OProject : Cerise Ranch User: DM Date: 07-16-98 County : Garfield State: CO Checked: Date: Subtitle: Blue Creek Watershed Data: Drainage Area ▪ 10.6 Sq Mi Runoff Curve Number 69 Time of Concentration: 1.50 Hours Rainfall Type ▪ II Pond and Swamp Area . NONE Storm Number Frequency (yrs) 24 -Hr Rainfall (in) Ia/P Ratio Runoff (in) Unit Peak Discharge (cfs/sgmi/in) Pond and Swamp Factor 0.0% Ponds Used Peak Discharge (cfs) 1 100 2.4 0.37 0.38 192 1.00 766 GRAPHICAL PEAK DISCHARGE METHOD Version 2.00 410 EProject : Cerise Ranch User: DM GRAPHICAL PEAK DISCHARGE METHOD Version 2.000Project : Cerise Ranch User: DM Date: 07-16-98 County : Garfield State: CO Checked: Date: Subtitle: Watershed II Data: Drainage Area 2.43 Sq Mi Runoff Curve Number 70 Time of Concentration: 0.67 Hours Rainfall Type 11 Pond and Swamp Area . NONE Storm Number Frequency (yrs) 24 -Hr Rainfall (in) Ia/P Ratio Runoff (in) Unit Peak Discharge (cfs/sqmi/in) Pond and Swamp Factor 0.0% Ponds Used Peak Discharge (cfs) 100 2.4 0.36 0.41. 328 1.00 325 GRAPHICAL PEAK DISCHARGE METHOD Version 2.00DProject : Cerise Ranch User: DM Date: 07-16-98 County : Garfield State: CO Checked: Date: Subtitle: Watershed III Data: Drainage Area• .1 Sq Mi Runoff Curve Number : 89 Time of Concentration: 0.10 Hours Rainfall Type .• II Pond and Swamp Area : NONE 1 Storm Number 1 Frequency (yrs) • 1 1 1 1 1 100 1 Page 1 Ia/P Ratio Runoff (in) Unit Peak Discharge (cfs/sgmi/in) Pond and Swamp Factor 0.0% Ponds Used Peak Discharge (cfs) 0.36 0.41 181 1.00 783 • • Date: 07-16-98 County : Garfield State: CO Checked: 410 Date: Subtitle: Blue Creek Watershed (run B) • Data: Drainage Area 10.6 Sq Mi Runoff Curve Number . 70 Time of Concentration: 1.50 Hours Rainfall Type II Pond and Swamp Area •NONE Storm Number Frequency (yrs) 24 -Hr Rainfall (in) Ia/P Ratio Runoff (in) Unit Peak Discharge (cfs/sgmi/in) Pond and Swamp Factor 0.04 Ponds Used 1 100 2.4 0.36 0.41 200 1.00 Peak Discharge (cfs) d 865 GRAPHICAL PEAK DISCHARGE METHOD Version 2.00 ❑Project : Cerise Ranch - User: D,1 Date: 07-16-98 County : Garfield State: CO Checked: Date: Subtitle: Blue Creek Watershed (run c) Data: Drainage Area . 10.6 Sq Mi Runoff Curve Number 70 Time of Concentration: 1.75 Hours Rainfall Type II Pond and Swamp Area NONE Storm Number 1 1 Frequency (yrs) 1 100 1 24 -Hr Rainfall (in) 1 2.4 • 24 -Hr Rainfall (in) Ia/P Ratio Runoff (in) Unit Peak Discharge (cfs/sgiai/in) Pond and Swamp Factor 0.0% Ponds Used Peak Discharge (cfs) 2.4 0.10 1.37 1009 1.00 138 GRAPHICAL PEAK DISCHARGE METHOD Version 2.00❑Project : Cerise Ranch PUD User: DM Date: 07-27-98 County : Garfield State: CO Checked: Date: Subtitle: Watershed IV Data: Drainage Area . .17 Sq Mi. Runoff Curve Number 80 Time of Concentration: 0.19 Hours Rainfall Type II Pond and Swamp Area NONE Storm Number Frequency (yrs) 24 -Hr Rainfall (in) Ia/P Ratio Runoff (in) Unit Peak Discharge (cfs/sgmi/in) Pond and Swamp Factor 0.0% Ponds Used Peak Discharge (cfs) 1 100 2.4 0.21 0.82 761 1.00 106 GRAPHICAL PEAK DISCHARGE METHOD Version 2.00 ❑Project : Cerise Ranch User: DM Page 2 • • Date: 07-16-98 County : Garfield State: CO Checked: Date: Subtitle: Watershed V Data: Drainage Area .06 Sq Mi Runoff Curve Number : 89 Time of Concentration: 0.10 Hours Rainfall Type 11 Pond and Swamp Area .• NONE Storm Number Frequency (yrs) 24 -Hr Rainfall (in) Ia/P Ratio Runoff (in) Unit Peak Discharge (cfs/sgmi/in) Pond and Swamp Factor 0.0% Ponds Used Peak Discharge (cfs) 1 100 2.4 0.10 1.37 1009 1.00 83 1 Page 3 • HEC RAS RESULTS • • • • ITEC -RAS Plan: Plan 04 Reach: blue creek 7/20/98 • River Sta. Q Total Min Ch El W.S. Elev Crit W.S. E.G. Elev E.G. Slope Vel Chnl Flow Area Top Width Froude # Chl (cfs) (ft) (ft) (ft) (ft) (Mt) (ft/s) (so ft) (ft) 25 720.00 720.00 65.00 65.00 69.91 67.71 69.91 67.71 71.28 68.33 0.011226 0.015180 11.36 8.91 96.34 127.88 48.39 102.86 304.35 0.90 0.95 0.62 24 23 W 720.00 63.00 66.75 66.75 67.08 0.007527 6.79 215.09 22 ' 720.00E 63.00 65.78 65.88 _ 0.002947 3.98 293.69 226.97 0.42 21 720.00 63.00 65.44 65.44 65.83 0.014201 8.02 167.46 192.45 0.91 20 - 720.00 59.00 _ 61.76 61.76 62.24 0.013063 8.36 152.56 143.54 0.89 19 720.00 57.00 58.83 58.83 59.13 0.017527 7.34 179.28 261.74 0.96 18 720.00 49.00 52.52 52.52 _ 52.71 0.005507 6.37 329.53 580.83 0.60 17 16 720.00 47.00 49.02 49.27 0.015029 7.28 216.41 381.28 0.90 720.00 45.00 49.18 49.18 0.000055 0.71 1809.90 1097.05 0.06 15 720,00 45.00 49.18 49.18 0.000038 0.59 1994.57 1019.20 0.05 14 720.00 43.00 49.18 49.18 0.000056 0.94 1591.02 795.37 0.07 13 720.00 43.00 49.18 47,05 49.18 0.000064 1.00 1518.28 780.55 0.61 12.5 Culvert 12 720.00 43.00 47.12 47.12 47.44 46.95 0.006964 0.012549 ' 6.96 9.19 234.87 132.82 326.98 0.61 11 720.00 43.00 46.28 120.07 0.89 10 720.00 43.00 45.59 45.59 46.07 0.017007 7.97 140.65 137.09 0.88 9 - 720.00 43.00 44.49 44.49 44.70 0.0221 71 6.28 211.31 455.56 0.91 8 720.00 40.00 43.18 43.18 43.50 0.008916 7.59 727.10 301.51 0.75 7 470.00 39.00 42.31 42.31 42.53 0.006844 5.96 192.82 358.71 0.58 6 470.00 _ 39.00 40.48 40.48 40.67 0.025907 6.06 143.20 362.08 0.88 5 470.00 39.00 39.95 39.95 40.14 0.026882 4.60 133.88 357.83 0.84 4 470.00 39.00 38.95 38.95 _ 39.19 0.030762, 118.49 249.41 0.00 3 470.00 39.00 38.08 38.08 38.30 0.032234 126.82 306.14 0.00 2 470.00 37.00 36.53 36.53 36.76 0.030898_ 123.12 275.40 0.00 0.45 1 470.00 35.00 35.47 - 35.13 35.60 0.008002 1.75 161.09 196.21 • • • 70— 65--- 60 — 55 50 45 40 35 — 30 --- r t no improvements Plan: Plan 04 7120/98 blue creek 1000 I 2000 3000 Main Channel Distance (ft) EG ws 1 Invert I 4000 1 5000 6000 • SNISV9 AdV1rtei>-11 • r • • n c to • 6 v A C7f1d gicuael X N