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Home My WebLink About7.0 Supplemental Info. & ExhibitsFEB -28-98 03:56 AM "l_GEO_SURV. COLORADO GEOLOGICAL SURVEY Divi' irn o(Mincr., , aiid (:rology Dethirtmc t (If N,lnlral Resources 111 Shcrrnan SI/NA, Room 715 Llenvr•r, Colorado 11(1)n1 Phone (301) 066-2611 FAX !3031 1166 2161 February 23, 1998 3038942174 P.01 STATE OF COLORADO PoBt-it'" Fax Note 7671 �uete7/�} Vags► To ��Rr.�// From _ % ° Co./Depl. z.. a B �o f Co /�) W�rr 07 y— Fax p /� PhoneN Fax # 1. q7o 4Y _ Mr, Mark Bean Garfield County Planning Department 109 8'' Street, Suite 303 Glenwood Springs, CO 81601 RE: Ranch Creek in the Ranch at Roaring Fork Geologic Hazard Review Dear Mr. Bean: >NA)v1AAR't'MLNT 01- TURAL. RESOURCES It, ;y knmcr rxeCulrvi: f line Inr M1CIld(`I h. I link; Dmi;on I)014 Inr Vul:i (: i,wart SI, I rrv,ln;;iy( Al your request and in accordance to S.11. 35 this office as revicwcd the materials submitted by your office for the above mentioned subdivision. Enclosed with the submittal were an application report and preliminary plat. We conducted a site iuspcction on February 23, 1998. The site lies on river terrace gravel a few feet above Blue Creek on the southwest corner of Stagecoach Lane and 11ighway 82. Parcel A and lot 13 are to be used for the existing restaurant and new parking lot. We have reviewed the Preliminary Geotechnical Investigation, enclosed within the plan application, and generally agree with the consultant's assessment. Residential basements will not be feasible at this location with it's proximity to water. Our only other concern is the narrow building footprints that are shown for lots five (23 feet) and six (28 feet) to accommodate, not only the sewer easement, but the wetlands delineation as well. The County Planning Department should consider how to insure that the wetlands within the lots that face Blue Creek will not be degraded by the immediate proximity of the homes. It will be difficult for potential lot owners of these lots, with such narrow building envelopes, to not use this arca. Likely, to a detrimental effect. Provided the recommendations of the geotechnical consultant are followed, and concerns of the Division of Wildlife and this once of wetlands impacts are addressed, this office finds no geologic hazards that would preclude development. if you have any questions, please contact this office at (303) 894-2167. Sincerely, onathan L. White Engineering Geologist MAR -05-1998 16:10 DIU WATER RESOURCES 303 866 3589 P.03/03 STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 March 5, 1998 Mark Bean Garfield County Building and Planning 109 8th St Ste 303 Glenwood Springs CO 81601 Roy Romer Governor lames 5. Lochhcad Executive Director Hal D. Simpson State Engineer Re: Ranch Creek in the Ranch at Roaring Fork, Preliminary Plan NW'/4 NE/ Sec. 36, T7S, R88W, 6TH PM W. Division 5, W. District 38 Dear Mr. Bean: We have reviewed the above referenced proposal to subdivide a parcel of 6.34 acres into 25 Tots, with one single family dwelling on each of 22 lots, a parking lot on lot 13, the Relay Station Bar and Restaurant on Parcel A, and a gardner's storage building on lot J11. The applicant proposes to provide water and sewer service through the Ranch at Roaring Fork Homeowners Association, Inc (the Association). An MOU between the applicants and the Association for water and sewer service was included in the submittal, as was a copy of an agreement for the Association to provide service to the commercial parcel (Parcel A). A deed granting one second foot of flow and 300 acre-feet per year to the Association was also provided. The basis for the estimated water requirements was not provided. The water rights information submitted did not reference decrees or well permits for the water rights, therefore the legal availability of the water supply cannot be determined. An analysis of the dependable yield of the water rights was not submitted, and the current obligations and the ability of the Association to deliver the necessary water was not fully addressed. Therefore, pursuant to Section 30-28-136(1)(h)(I), C.R.S., the State Engineer finds that the proposed water supply will cause material injury to decreed water rights and is inadequate. If you or the applicant has any questions concerning this matter, please contact Craig Lis of this office for assistance. Sincerely, -C3111MN4aaWita Steve Lautenschlager Assistant State Engineer SPL/CML/Ranch Creek.doc cc: Orlyn Bell, Division Engineer Joe Bergquist, Water Commissioner, District 38 TOTAL P.03 August 14, 1998 Mr.John Martin Garfield County Commissioner Garfield County Courthouse 109 Eighth Street, Suite 300 Glenwood Springs, CO 81601 Dear John: 14913 HIGHWAY 82 CARBONDALE, COLORADO 81623 FAX/TELEPHONE 970-963-2962 Re: Jenkins/Brown Development Ranch Creek Subdivision After attending the Commissioners hearing last Monday, August 10, 1998, I would like to state a few more of my concerns regarding the Ranch Creek Subdivision proposed at the Ranch at Roaring Fork. A copy of my letter to you of January 27, 1998, is attached, so that you will know my previous concerns. Having served on the Board of the Ranch at Roaring Fork Homeowners' Association for 3-1/2 years, including 2 years as President and Chairman of the Board during the transition of the Ranch from developer to homeowner, I can attest to the problems and misunderstandings left behind by a developer. Working out these problems gets to be very difficult and personal. At the meeting on August 10th, Mr. Brown said that Mr. Jenkins had worked out an arrangement with the Ranch at Roaring Fork Homeowners' Association. Brown said that he hoped to do the same. He indicated further that his failure to be successful in these negotiations would result in his drawing up a separate set of covenants for this portion of the PUD. This would result in two separate covenants on one PUD having to deal with one another and then the two of them having to coordinate with the Ranch at Roaring Fork Homeowners' Association. This represents an almost impossible task for the people who inherit this situation from the developers. The following type of problems are sure to occupy the time and money of the new Ranch Creek homeowners: (1) relationships to and agreements with various adjoining property owners and neighbcrs established by the developer during the development process; (2) privileges and use of open space and ammenities by the new subdivision and Ranch property owners; (3) voting rights in the community relative to capital spending and improvements and maintenance of the new subdivision and the Ranch; (4) establishing who has the authority and responsibility to enforce overlapping rules of the two communities. Parking on the street is a violation of Ranch rules and a very important safety consideration in view of small children playing outside, where their yards are very small. A 40 -foot roadway is an attractive expansion of their play area. How will this question be addressed by the developer? Another question is where will the maintenance equipment for the subdivision; i.e., lawn mowers and snowplows, be stored in the new subdivision. Have adequate storage facilities been designated for this equipment? In summary, my observations tell me that it is important that the owners of the Ranch Creek subdivision, located in the center of the Ranch at Roaring Fork, have the same rights, rules and obligations as the rest of their community. I'm not against the development of this land which adjoins my property, but I believe that the Commissioners can best serve the new families, who will live there, by requiring the developer to sell a product that is consistent with the neighborhood in which it is located. Your task is not an easy one. However, one of the important missions of the Commissioners is your approval of good and healthy areas in which families will live in Garfield County. Sinc yr . Ricard Hunt J. Richard Hunt 14913 Highway 82 Carbondale, CO 81623 January 27, 1997 Garfield County Commissioners Garfield County Courthouse 109 Eighth Street, Suite 300 Glenwood Springs, Colorado 81601 Dear Commissioners: Re: Jenkins/Brown Development At your Garfield County Commissioners meeting, January 20, 1997, Mr. David Brown outlined his plans for the Jenkins/Brown Development, which adjoins our property. He is asking for a considerable number of variances from the County regulations governing developments; the more important of which are: 1. Home density of more than four houses per acre. 2. Width of streets and paving of less than the 50 feet required. 3. Set backs from lot lines Tess than required. 4. Open space allotments less than the minimum required. Mr. Brown implies that they are doing a good thing by only developing 25 units on the joint properties of Brown and Jenkins, when, in fact, only the Jenkins parcel presently has the right to develop homesites. Several of the building envelopes are within 100 feet or less of the Relay Station building. For a family dwelling, this is extremely dose to a bar and dance hall and the confusion that goes on both inside and outside such an establishment. Mr. Brown also advised us of their plans to construct a number of homes as small as 850 square feet. As a comparison, the minimum size of any condo on the Ranch is 1250 square feet. I believe that building this small of a home is a downgrading of the architectural covenants of the Ranch. Apparently, there are many questions that the developer will have to work out with the Ranch at Roaring Fork, including services for water, sewer and garbage as well as street up -keep and maintenance. There also is the problem of how the Ranch can, or will, share recreational facilities and other amenities that the Homeowners have built, improved and paid taxes on over the past 24 years at their expense. The soil conditions on the Jenkins/Brown parcel are zero. There is gravel and boulder "soil" from the surface down. There will be a need to bring in topsoil, if the prospective homeowners are to have yards and gardens and plant shrubs and trees. Also, where will the rocks and gravel that will be excavated for foundations be dumped? WiII it be on their site or off of the development? If the above concerns are properly addressed and if the developers follow architectural guidelines as prescribed by the Ranch at Roaring Fork, this could be a lovely development. The landscaping of the property is also very important and should be in keeping with the rest of the landscaping on the Ranch. It is my observation that the Ranch at Roaring Fork is not widely understood as a community from without or within. Having lived at the Ranch for twenty years, we have seen many changes here as well as in the rest of Garfield County. At present, the residents of the Ranch are a varied and stable group of people. We have school teachers, ski instructors, retired folks, real estate salespersons, poiicemen, firemen and many other people in the service area of our community. In addition to our permanent residents, there are homes that are rented or used as family vacation retreats. So, there are a fine mix of people. We are proud of what we have here at the Ranch and enjoy it with our children, grandchildren and friends. These are traditions and life styles that we would like to see continued. We would anticipate that Jenkins and Brown would want to make any additions to the community in keeping with this philosophy. Thank you for considering our concerns. CC: George Hopfenbeck ;,-Board of Directors, Ranch at Roaring Fork Very truly yours, —'J. Richard Hunt DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Case No. 98CW093 FINDINGS OF FACT, CONCLUSIONS OF LAW, JUDGMENT AND DECREE CONCERNING THE APPLICATION FOR WATER RIGHTS OF: RANCH AT ROARING FORK, in Garfield County, Colorado The above -entitled Application was filed on May 29, 1998. The Application (hereinafter "Application") was referred to the Water Referee for Water Division No. 4, State of Colorado, by the Water Judge of said Court in accordance with Article 92, Chapter 37, C.R.S. (1973), known as the Water Rights Determination and Administration Act of 1969. The matters referred back to the Water Judge upon motion of the Applicant, having made such investigations as are necessary to determine whether or not the statements in the Application are true, and having become fully advised with respect to the subject matter in the Application, the Water Judge does hereby make the following Findings of Fact, Conclusions of Law and Judgement and Decree in this matter: FINDINGS OF FACT 1. The name and address of the Applicants: Ranch at Roaring Fork HOA, Inc. 14913 State Highway 82 Carbondale, CO 81623 Charles Holloway, President c/o Caloia & Houpt, P.C. 1204 Grand Avenue Glenwood Springs, CO 81601 (970) 945-6067 (970) 945-6292 fax OCT RANCH AT RF -Decree Change of WR-98CW93 1 Lt' District Court, Water Div. No. 5 Case No. 98CW093; Ranch at RF Decree- Change of Water Right 2. Timely and adequate notice of the filing of this Application was given as required by law. 3 A Statements of Opposition was filed in this matter, however, pursuant to Stipulation signed by the parties, the Objector agrees to withdraw his Statement of Opposition. 4. The Applicant requests a change of water right as more fully described as follows: 5. Decreed name of structure for which change is sought: Jacobson Extension of the Patterson Ditch and the Jacobson Extension of the Patterson Ditch Spring. 6. From previous decree: A. Date entered: November 5, 1971 and June 20, 1973 Case number: 5884 and W-1825. Court: District Court, Garfield County, Water Division No.5 B. Decreed point of diversion: The decreed point of diversion is: Jacobson Extension of the Patterson Ditch and Spring: The Spring in Case W-1825, is located at a point in the NE 1/4 of Section 36, T7S, R88W 6'h P.M. whence the NE corner of said Section 36 bears North 06°07' 17' East 1358.68 feet. as more fully set forth in the decrees referenced above. The Jacobson Extension of the Patterson Ditch (Case No. 5884 and W-560) headgate is located on the N bank of the RFR at a point whence the SE corner of section 36, T7S, R88W 6th P.M. bears S. 02°06'36" W. 2355.41 feet as more fully set forth in the decrees set forth above. C. Source: Spring, groundwater and/or surface water from the Roaring Fork River. D. Appropriation date: May 3, 1966. E. Amount: 2.0 c.f.s., absolute for Domestic purposes from Jacobson Patterson Ditch; Amount: 0.71 c.f.s., absolute for domestic purposes from Jacobson Patterson Ditch Spring. F. Historic use: Domestic, irrigation and commercial. RANCH AT RF -Decree Change of WR-98CW93 -2- Extension of Extension of District Court, Water Div. No. 5 Case No. 98CW093; Ranch at RF Decree- Change of Water Right 7. Proposed change: Applicants seek to change the decreed point of diversion for .71 c.f.s. of the Jacobson Extension of the Patterson Ditch to the Ranch at Roaring Fork Well No. 1, with 2 alternate points of diversion at the Ranch at Roaring Fork Well No. 2 and Ranch at Roaring Fork Well No. 3, all located on their property. The Ranch at Roaring Fork Wells are all located in the SE 1/4 of the NE 1/4 of Section 36, Township 7 South, Range 88 West, of the 6th P.M. The Applicant filed this case to change the decree entered for the Jacobson Extension of the Patterson Ditch and Spring for .71 c.f.s. decrees described above as the domestic/commercial decree for water for the Ranch at Roaring Fork Planned Development, as originally contemplated by those decrees. The original PUD was designed in 1973 for a total buildout of 361 units and 30,000 square feet of commercial space with a restaurant bar and a golf course/club house for the property as shown on the attached Exhibit A. In 1977 the total number of units was reduced to 193 units with the other water uses being the same as originally contemplated. The total acre feet for full buildout is 120 acre feet in diversions and depletions of approximately 27 acre feet per year. Full buildout consists of 193 residences (single family and multifamily), 30,000 square feet of commercial space and 10 acres of lawn and garden irrigation. The sewage is treated with a central sewer system. No expansion of this contemplated use has occurred. A switch from spring/ditch water to well water occurred shortly after building commenced. Water diversions for the development have been made consistently since approximately 1973 to the present under the senior decree and confirmation by this change is requested. The Applicant requested a change in the point of diversion to the following well with the additional 2 wells acting as alternate points to well no. 1. At this time the Ranch at Roaring Fork Well No. 1 is drilled and Ranch at Roaring Fork Wells Nos. 2 and 3 will be drilled as needed in the future. Such wells are located as follows: Ranch at Roaring Fork Well No. 1: Southeast one-quarter of the Northeast one- quarter of Section 36, Township 7 South, Range 88 West, 6th P.M. at a point 1850 feet from the North Section Line and 200 Feet from the East Section Line of Said Section 36. Ranch at Roaring Fork Well No. 2: Southeast one-quarter of the Northeast one- quarter of Section 36, Township 7 South, Range 88 West, 6' P.M. at a point 1600 feet from RANCH AT RF -Decree Change of WR-98CW93 -3- District Court, Water Div. No. 5 Case No. 98CW093; Ranch at RF Decree- Change of Water Right the North Section line and 300 feet from the East Section line of said Section 36. Ranch at Roaring Fork Well No. 3: Southeast one-quarter of the Northeast one- quarter of Section 36, Township 7 South, Range 88 West, 6th P.M. at a point 2100 feet from the North Section Line and 300 Feet from the East Section line of said Section 36. For all three wells the following applies: Source:Roaring Fork River alluvium. Depth: 34 feet, Well No 1; 100 Feet, Well Nos. 2 and 3. Amount: .71 c.f:s. (320 g.p.m.) 120 acre feet total from all three wells. Uses: Domestic, irrigation and commercial. Irrigation uses: 10 acres located in Sections 25, 26, 35 and 36, Township 7 South , Range 88 West, 6th P.M., and Section 30 and 31 in Township 7 South, Range 87 West, 6th P.M. in Garfield County Colorado. Alternate Points: Well Nos. 2 and 3 are applied for as alternate points to Well No. 1 Well Perniits: Application for well permits have been filed with the Division of Water Resources. 8. All structures are on the property of the Applicant. 9. Remarks: The change is sought to conform the decreed point of diversion to the actual, point of diversion and to locate two alternate points of diversion as back up and/or additional wells. The Ranch at Roaring Fork Planned Development was approved in 1973 and the development and land set forth herein is the same as that set forth in the original decree. The water rights, Jacobson Extension of the Patterson Ditch, were adjudicated for this housing, golf and tennis club and commercial development in the total amount of 2.0 c.fs. The change sought herein recognizes that the development has been scaled down in size, from 360 residential units to 193 residential units and that the water diversion needs of the development are only .71 c.f.s. of water diverted through the three wells which comprise a central water system. It is also the intent of the Applicant to abandon use of the spring and the ditch for its domestic and commercial supply and to limit its domestic and RANCH AT RF -Decree Change of WR-98CW93 -4- District Court, Water Div. No. 5 Case No. 98CW093; Ranch at RF Decree- Change of Water Right commercial uses to .71 c.f.s. An engineering report of Resource Engineering was attached and incorporated into the Application. 10. The Court finds that if operated in accordance with the terms and conditions of this decree, the requested change will not injuriously affect the owners of or persons entitled to use water under vested water rights or decreed conditional rights. CONCLUSIONS OF LAW 11. The application was timely and properly filed in accordance with C.R.S. §§37-92-301(4)(a). 12. The application filed herein is complete, covering all applicable matters required under C.R.S. §§37-92-302-305. 13. All notices required by law have been given, and no further notice need be given. 14. The Court has jurisdiction of this matter and of all persons, whether they have appeared or not. C.R.S. §§37-92-301(2) and -303(1). 15. This Court has authority to grant the change of water right requested in the application. C.R.S. §§37-92-301(2), -302 and -303(1). JUDGMENT AND DECREE 16. The foregoing Findings of Fact and Conclusions of Law are incorporated as if fully set forth herein. 17. The change of water rights described in Paragraphs 7 and 9, above, is granted. The original point of diversion for the Ranch at Roaring Fork Planned Development domestic and commercial water supply at the Jacobson Extension of the Patterson Ditch for 2.0 c.f.s. and the changed point of diversion at the Jacobson Extension of the Patterson Ditch Spring for .71 c.f.s. is hereby abandoned (points of diversion only NOT the Water right). Additionally the balance of the amount (2.0 c.f.s. - .71 c.f.s.) decreed for domestic and commercial use of 1.29 c.f.s. is abandoned for domestic and commercial uses only but shall remain active for irrigation, piscatorial and recreation uses. RANCH AT RF -Decree Change of WR-98CW93 -5- District Court, Water Div. No. 5 Case No. 98CW093; Ranch at RF Decree- Change of Water Right 18. Applicant shall install and maintain measuring devices and an accurate accounting of water diverted under these rights through the changed point of diversion decreed herein, as required by the Division Engineer. 19. The Applicant shall perform a delayed impact analysis on the two alternate point of diversion wells, Ranch at Roaring Fork Well Nos. 2 and 3 when they are drilled but before they are put to beneficial use and shall provide such engineering data to the Division Engineer for the purpose of administration of those 2 wells (for the purpose of providing for replacement water from Green Mountain Reservoir to the Colorado River.) 20. Well permits shall be issued by the Division of Water Resources in compliance with §37- 90-137. 21. It is accordingly ORDERED that this Decree shall be filed with the Water Clerk subject to Judicial review. 22. It is further ORDERED that a copy of this Decree shall be filed with the appropriate Division Engineer and the State Engineer. 23. The approval of this change of water right shall be subject to reconsideration by the Water Judge on the question of injury to the vested rights of others for a period of five (5) calendar years following the date of entry of this decree. In determining the period of reconsideration, the Court has taken into account the historical and proposed future use of the subject water rights. Dated this ay of RANCH AT RF -Decree Change of WR-98CW93 -6- , 1998. Thomas W. OssoFa WATER JUDGE STRYKER/BROWN ARCHITECTS, PC TRANSMITTAL/ MEMO TO: MARK BEAN FROM: DAVID BROWN DATE: 10.8.98 NOTES: Attached is a copy of the Water Court Decree for the Well Roaring Fork. Please enter this into the proceedings for the Ranch Creek with the Board of County Commissioners. Thanks, 77t‘ivi3O bpecAk_/ David P. Brown, AIA cc: John Wix 300 SOUTH SPRING STREET, SUITE 300, water augmentation plan for the Ranch at PUD at the next Preliminary Plat meeting ASPEN, COLORADO 81611 970.925.2254 925.2258 (FAX) C RECEIVED 09/10 16:99 1999 AT 3036232062 PAGE 6 (PRINTED PAGE 6) ] 09/10/1999 04:23 303-765-2170 GHOPFENBECK PAGE 06 c)% First Amendment to Ranch Creek Agreement (Ranch Creek Project/Ranch at Roaring Fork) This Amendment is made as of this '-day of September, 1999 among Big Ranch LLC ("Big Ranch"), whose address is c/o Stryker/Brown Architects, 300 Spring Street, Aspen, Colorado, 81611, Fax # (970) 925-2258; Jane J. Jenkins ("Jenkins"). whose address is 0269 Heather Lane, P.O. Box J, Aspen, Colorado, 81612, Fax # (970) 925-4346; and Ranch at Roaring Fork Homeowners Association, Inc., a Colorado not for profit corporation, ("Association"), whose address is 14913 Highway 82, Carbondale, Colorado, 81623, Fax # (970) 963-9243. 1 • The "Ranch Creek Agreement" shall mean the Agreement, dated September tea, 1999 among the parties to this Amendment. 2. Defined Terms Terms used herein which are defined in the Ranch Creek Agreement shall have the same meaning herein as in the Ranch Creek Agreement. 3 • 1111L.Serm.lettere The Ranch will provide Garfield County with a "will serve" letter in the form attached as Exhibit 1, subject to the following provisions. 4. Interim Servs a If water and sewer service is requested for and provided to any lot in Ranch Creek prior to completion of the Sewer Plant Improvement Project and satisfaction of all of the conditions in the Ranch Creek Agreement ("Interim Service"), (a) Big Ranch and Jenkins shall designate the lot or lots to be served; (b) Big Ranch or Jenkins, as the case may be, will pay the unpaid balance, if any, of the tap fees for the lot or lots to be served; (c) the number of lots to be served prior to completion of the Sewer Plant Project and satisfaction of all conditions in the Ranch Creek Agreement will not exceed the number specified in the attached "will serve" letter.; (d) If any lot to be served is within the Stagecoach Parcel, Big Ranch and Jenkins shall be deemed to have waived satisfaction of any conditions remaining unsatisfied and the Ranch Creek Agreement shall become effective; and (e) If any lot to be served is within the Jenkins Parcel and the Ranch Creek Agreement is terminated for failure of conditions or otherwise does not become effective, service already provided to the Jenkins Parcel shall continue and such service and any additional service to the Jenkins Parcel shall be governed by the Jenkins Parcel Agreement and the Second Amended Declaration defined in Appendix A attached to the Ranch Creek Agreement. 26 'd0d Gw (caI . 4z— - © 4uca 4 c C.� e yc /44 v � A J Mg /36-e_ eviWd,te/ i.64ek--7, i..4 ;z(ied- Zetl-e4A-e/ 4i-e-1-ge 026 /Lov-i-4- 2a--44 4_ (iA.c,:e 2z,..e,{ iriLz,7 ,g,-(4,46-‘4_4/ a -z -c-67 74L.C(/ 44-- G,/ 44,2 , d -e -e ,, fit f e t 7 / z /` ISGULIVCU UJ/10 ib=b0 199 AT 3036E32062 PAGE 7 (PRINTED PAGE 7) 7 09/10/1999 04:23 303-765-2170 GHOPFENBECK PAGE 07 7 5. Conditions to Interim Service, Interim Service will be provided only after approval by Garfield County and recording of the final subdivision plat for Ranch Creek and closing of the acquisition of the Stagecoach Parcel by Big Ranch. - lva,�c,�t �/�lk r y-� In Witness Whereof the parties have executed this Amendment as of the date first above written, Ranch at Roaring Fork Homeowners Big Ranch,LLC Assoc' n, In By:i�•e . �! By: Managing Member President 27 J. Jenld [ RECEIVED 09/10 16:48 1999 AT 3036232062 PAGE q (PRINTED PAGE 4) 7 01/10/1999 04:23 303-765-2170 GHOPFENBECK PAGE 04 Ranch at Roaring Fork Homeowners Association, Inc. 14913 State Highway 82 Carbondale, CO 81623 Board of County Commissioners of Garfield County, Colorado Garfield County Court House 109 Eighth Street Glenwood Springs, Colorado 81601 September/O, 1999 (DRAFT) Re: Water and Sewer Service to Ranch Creek Dear Commissioners, This letter is to advise you that the Ranch at Roaring Fork Homeowners Association, Inc. ("Ranch") will provide water and sewer service for up to 21 single family residential lots (constituting 21 EQRs) in the proposed Ranch Creek Subdivision.uport, cl ta-the-extent feasible before, completion of the renovation and. expansion of our wastewater treatment plant: The site application for the renovation and expansion Was approved by the #'►''ms `s Water Quality Control Division of the Colorado Department of Health by letter fa -4-`'I; dated August 6, 1999. Under this letter, the design (construction plans and specifications) must be approved by the Division and an amended discharge permit will be required prior to operation of the renovated and expanded facility. Our Consulting Engineers, McLaughlin Water Engineers Ltd. ("McLaughlin"), are in the process of preparing final construction plans and specifications for the project. We expect construction to be completed and the renovated and expanded plant to be in operation by the end of next year. Service to Ranch Creek will be provided pursuant to the Ranch Creek Agreement ("Ranch Creek Agreement") dated September g2-6, 1999 between the Ranch and Big Ranch LLC ("Big Ranch") and Jane J. Jenkins ("Jenkins". The Ranch Creek Agreement requires, as a condition to providing service, approval by Garfield County of the final subdivision plat for Ranch Creek , and closing of acquisition of the so-called Stagecoach Parcel, which is part of Ranch Creek, by Big Ranch, LLC ,, X Pending completion of the Sewer Plantimprovement Project under the Ranch Creek Agreement, we believe that we can provide, in the interim, {bad-- onmice from our Consulting Engineers), water and sewer service for up to c\\C\ avic/ refv-atd— alf 74-,/, (e, te4 rem 361.ut e ooef teo.‹.e7 71-64et Jgt-gc-d Gvkre4 r43P-e -/tP 13\'\ EQR's in Ranch Creek, utilizing al/width.- A considering the other obligations of the Association to prvr zu.. cc. David P. Brown Jane J. Jenkins Very truly yours, Ranch at Roaring Fork Homeowners Association, Inc. By: CZ/e Title: ✓��' [ RECEIVED 09/10 16:49 1999 AT 3036232062 PAGE 5 (PRINTED PAGE 5) ] 09/10/1999 04:23 303-765-2170 GHOPFENBECK PAGE 05 EQR's-in Ranch Greek, utilizing available capacity of our facilities after considering the ether obligations of the Association to provide service. Very truly yours, Ranch at Roaring Fork Homeowners Association, Inc. By:.Ch/e,� Title: cc. David P. Brown Jane J. Jenkins Charlie Holloway, President, R@RF Assn. Mike Gerber, Board Chair, R@RF Assn. George Hopfenbeck, R@RF Legal Committee Hardin Homes, R@RF Legal Committee AT RECEIVED 01999 18:13 49999 3030765-2170 09/09/1999 PAGE 1 (PRINTED PAGE GHOPFENBECK George M. gopfenbeck, Jr. 333 Logan Street #108 Denver, CO 80203 65-2170 Phone & Fax: (303) September Fax V (970) 925-2256 David P. Brown Stryker/Brown Architects, P.C. 300 South Spring Street, Suite 300 Aspen, CO 81611 our Requested Charm in Ranch Creek Agreement Re• .Y I Dear David; today relating to the This is to confirm my telephone discussion with you n ththe e you requested in t e ranch Creek Agement which we are in process of reviving. commitment from the is asking for a firm comm whether Int��, The County ch Creek and sewer service to all 21 lots Weris completed. Ranch to the proposed waterexpansion of our Se plant assume or not PrOI�� novation and the finch will have to decide if the Ranch is willing to a, The Board of n such a commitment whatever risks are involved in making Board that we add the recommend to the ch to Serzifollo _ _ ct,,,��• 1 will rec Section allows the � owner): to Section 2.5 of the Agreement (which reettnent by shut offng event of breaches of the Ag Shut water Service in the ball not be shut off until after written notice to the Service to a lot s tion 8.6 of this Agreement and ; i al �.7 given in accordance with Sec the expiration of (a) and r e owner gidefault,(64 i.� ud17 �� !ced failure of the owner to cure the default or abnon-monetary proceeding �' � s if a monetary default or, (b) S� day as the owner is diligently p days plus such additional timeuntil conclusion of any 'on 8.4 of this Agreement if the arbitration to Cure the default, extended, in eachcase, was comm under Secta to the shut off of service. The owner shall pay was commenced priorreconnection of sere e. all costs of disconnection and In Section 2.11 I will recommend that we add the following at the end of the Section 0'2 Ranch Creek Agreement (Ranch Creek Project/Ranch at Roaring Fork) This Agreement is made as of thisG Brown -day of Ed,� , 1999 among David P. Brown ("Brown", address ic/o Stryker/Brown Architects, 300 Spring Street, Aspen Jane J. Jenkins (``Jenkins" � 81611, Fax # (970) 925-2258; )' whose address is 0269 Heather Lane, P.O. Box J, Aspen, Colorado, 81612, Fax # (970) 925.4346; and Ranch at Roaring Fork Homeowners Association, Inc., a Colorado not for profit corporation, ("Association"), whose address is 14913 Highway 82, Carbondale, Colo ad 81623, Fax # (970) 963.9243. Colorado, I General. a len Vtoxictvolirdioo ,aamito 1,,,,1 iters 1.1 Parti t a 1 LL it s The Association is an association of homeowners owning homes annexed into the Ranch at Roaring Forkro'et ("Ranch") located in Garfield County, Colorado. Brown has a contract to purchase a 2.987 acre parcel ("Stagecoach Parcel") which is within the histo ' boundaries of the Ranch but is not annexed into the Ranch. The Stagecoach nc,cl ch is part of the Commercial Parcel referred to in the Second Amended De Parcel governing the Ranch and is currently zoned for commercialpurposes.hlaration he Stagecoach Parcel is owned by Stagecoach Associates, Ltd. (`Stacoach") a Colorado limited partnership. Jenkins is the owner of a 2.559 acre parcel ("Jenkins Parcel"), adjoining the Stagecoach Parcel. which has been annexed into the Ranch. The Jenkins Parcel is zoned for residential condominium purposes but has not yet been improved and developed for such uses. Stagecoach and Jenkins have joined in a Planned Unit Development/Subdivision Application ("PUD/Subdivision Application"), filed with Garfield County on their behalf by Brown as their representative, for the rezoning and subdivision of the Stagec Parcel and the Jenkins Parcel as the Ranch Creek PUD/Subdivision ("Rancoach Creek"). 1.2 Plat for Ranch Creek, dated A ril 6 1988anch A copy of the Preliminary proposed under the PUD7S u division Application is attached as Creek Map") which h . descriptions of the StagecoachandA. Legal Exhibit C. The Stagecoach arcelr ontains 12the Jrefilen ns ial lots and one Parcel are attached as ial Purpose Lot for parking and/or open space as shown on the Ranch CreekcMa . The Jenkins Parcekcontains 9 residential lot as shown on the Ranch Creek Map. Therefore, there will be 214're'sidential 1 p Parcel and 9 on then Je lots li�anch Creek, 12 on the Stagecoachn n�''ans Parcel, and, in addition, there will also be one more fully provided in Section 6.3. P Special Purpose Lot on the Stagecoach Parcel for parking and/or open space as tP6 U'► aluended ',f;Z4k1 HtiZeAti2e. g uc Lc /t�e, fi t /J�2b� Itis. a, " /</1` beZ4-'f e)'1A-) fete 41114 - 7/ a S` G� /Wart ;3=1. '; °fes` l .3 1 L $•i - .- .`' !.• 1 .11 •1. 1 ••• The parties are aware that the property line between the Stagecoach Parcel and the Jenkins Parcel does not follow lot lines and, instead, in certain places, passes through lots so that certain lots primarily located on the Stagecoach Parcel "encroach" into the Jenkins Parcel and certain lots primarily located on the Jenkins Parcel "encroach" into the Stagecoach Parcel. The parties agree that, for all purposes under this Agreement, lots located primarily on the Stagecoach Parcel shall be considered wholly within the Stagecoach Parcel and lots located primarily on the Jenkins Parcel shall be considered wholly within the Jenkins Parcel. This agreement will apply, without limiting the generality of the foregoing, to the provisions in this Agreement for payment of Service Charges by lots on the Stagecoach Parcel and for payment of assessments by lots on the Jenkins Parcel. 1.4 Purpose of Agreement, The purpose of this Agreement is to set forth terms under which, among other things, (a) the Association will provide water and sewer service to Ranch Creek; (b) the Association will permit use of Ranch common area and facilities by owners of homes in the Stagecoach. Parcel, which is not annexed into the Ranch, on the same basis as owners in the Ranch, including the Jenkins Parcel which is already annexed into the Ranch; (c) the Association will plow and maintain the internal road in Ranch Creek as well as the Ranch roads surrounding Ranch Creek; and (d) owners in the Stagecoach Parcel, which is not annexedinto the Ranch, will make payment of service charges to the Association equal to the amount of assessments, including special assessments, payable to the association by owners in the Ranch, including owners in the Jenkins Parcel which is already annexed into the Ranch. 1.5 Appendix for Defined Terms. Certain terms used in this Agreement are defined terms the definitions of which are in Appendix A to this Agreement. 1.6 Exhibits, Exhibits to this Agreement are: Exhibit A - Ranch Creek Map Exhibit B - Schedule of Lot Sizes Exhibit C - Legal Descriptions of the Stagecoach Parcel and the Jenkins Parcel 2 1.7 Prior Agreement Superseded, This Agreement supersedes a similar agreement among the parties, dated March 9, 1998, also entitled "Ranch Creek Agreement" ("Prior Ranch Creek Agreement"), which Prior Ranch Creek Agreement is terminated. II Water and Sewer Service. 2.1 Agreement to Provide Service, Subject to the provisions of this Agreement, the Association agrees to provide potable water to, and to take and treat domestic sanitary sewage from, detached, single family homes in Ranch Creek which contain no caretaker or ancillary dwelling unit. Service to the Jenkins Parcel, which is annexed into the Ranch, shall be provided in accordance with the Second Amended Declaration and this Agreement. Service to the Stagecoach Parcel, which is not annexed into the Ranch, shall be pursuant to this Agreement. 2.2 lIse of Water Reserved in Water Deed The Association, in providing water service to the Stagecoach Parcel, shall be entitled to use, as necessary or desirable, water reserved to the grantor, it successors and assigns, in the Water Deed. The "Water Deed" shall mean the Deed, dated July 3, 1973, from Ranch at Roaring Fork, Inc., the original developer of the Ranch, as grantor, to the Association, recorded July 12, 1973 in Book 447 at page 140 of Garfield County, Colorado records. The Water Deed conveyed certain water rights to the Association but reserved to the grantor, for the benefit of the grantor, its successors and assigns, use of water for the Commercial Parcel (and also for a parcel designated in the Water Deed as the Reserved Parcel). 2.3 InstaliatiDnAlf_Ranch_CierdalateLaniStweLLines, The Ranch Creek Developer shall cause to be installed, at no cost to the Association, all water distribution and individual service lines and facilities and all wastewater collection and individual service lines and facilities necessary to connect homes in Ranch Creek to the main water and sewer lines of the Association. The design and the installation of these lines and facilities, including individual service lines and facilities, shall be subject to the approval of the Association's Consulting Engineer. Prior to installation of any lines and facilities, including individual service lines and facilities, the Ranch Creek Developer shall submit plans for such lines and facilities to the Association and the Consulting Engineer and shall make such reasonable modifications in such plans as may be required by the Association and the Consulting Engineer and shall thereafter install the lines and facilities in accordance with the plans as so modified and with applicable laws, rules and regulations. After installation of the lines and facilities, including individual service lines and facilities, and while they are still exposed and uncovered and can be easily inspected, the Ranch Creek Developer shall notify the Association and 3 the Consulting Engineer and permit the Association and the Consulting Engineer to inspect the same and shall correct any matters which the Association and the Consulting Engineer may find are at variance with the approved plans or otherwise may reasonably find requires change or correction. 2.4 Developer Water and Sewer Line Repair Obligation. The Ranch Creek Developer shall be responsible for repair and replacement of any portion of the lines and facilities which, in the period of 18 months after installation and inspection of the lines and facilities, shows defects or the need for repair or replacement as determined by the Association and the Consulting Engineer ("Developer Water and Sewer Line Repair Obligation"). 2.5 Shut Off Valves on Service i .fines, The individual water service lines for the home on each lot in Ranch Creek shall be equipped with a shut off valve, in the yard or other unpaved space on the lot, easily accessible to the Association, to permit the shut off of service to the lot by the Association. The Association shall have the right to shut off water service to a home in the event of the failure of the owner of the lot to pay any assessments or Service Charges to the Association or to comply with the terms of this Agreement or the rules and regulations of the Association. 2.6 0 . $ - • 1- , . 1 . - The water distribution lines and facilities and wastewater collection lines and facilities lines, (but not individual service lines and facilities serving a particular lot or horne) shall, upon inspection and approval by the Association, become the property of the Association with or without further action by the Ranch Creek Developer. However, at the request of the Association, the Ranch Creek Developer or other owner thereof shall transfer these lines and facilities to the Association by bill of sale, satisfactory in form and substance to the Association, free and clear of any liens or encumbrances. 2.7 Easements or Lines and F cilities. The Association shall have easements for construction, installation, maintenance, repair and replacement of the water distribution lines and facilities and the wastewater collection lines and facilities (but not individual service lines serving a particular lot or horne) and easements for access thereto with or without further action by the Ranch Creek Developer. However, at the request of the Association, the Ranch Creek Developer or other owner of the easement area shall confirm these easements to the Association by grant of easement, satisfactory in form and substance to the Association, free and clear of any liens or encumbrances. The easements shall be of a width of at least 5 feet on either side of the lines and facilities unless a different width is prescribed by the Association's Consulting Engineer and shown on the final subdivision plat approved for Ranch Creek. 4 2.8 Maintenance of 1 ines and Facilities by Association, After installation, inspection and approval of lines and facilities as aforesaid and upon the commencement of payment of assessments for all lots on the Jenkins Parcel and commencement of payment of Service Charges for all lots on the Stagecoach Parcel, and for so long thereafter as this Agreement remains in force and effect, the Association shall, except as covered by the Developer Water and Sewer Line Repair Obligation, be responsible for the maintenance, repair and replacement of the water distribution lines and facilities and the sewer collection lines and facilities (but not individual service lines and facilities). 2.9 Maintenanceof 11 diyid�Service i Ines The owner of a lot shall be required to maintain, repair and replace individual service lines and facilities, including the shut off valve, serving that lot. If an owner fails to maintain, repair and replace the individual service lines and facilities, including the shut off Valve, the Association shall be entitled to do so and the owner shall reimburse the Association for all costs and expenses incurred by the Association in connection, therewith. 2.10 Rules Rults_andaeguladons, The Association may adopt and amend, from time to time, rules and regulations relating to water and sewer service, lines and facilities, including individual service lines and facilities. and owners of property within Ranch Creek shall be obligated to comply with such rules and regulations provided the same are also applicable to comparable property within the Ranch. Without limiting the generality of the foregoing, the Association may adopt rules, applicable to all residential users within the Ranch and Ranch Creek, which require meters for measuring usage and which require payments based on meter readings. 2.11 Ta,p_aes.. Tap fees for water and sewer connections shall be payable at the rate of $7,500 for each of the residential lots within Ranch Creek. except for up to 6 lots on the Jenkins Parcel for which tap fees have been prepaid under the Jenkins Parcel Agreement (defined in Appendix A). Tl.ie total tap fees payable will therefore b112,500 since there are 21 lots (15 lots charged with tap fees The total amount or tap fee the residential lots shall be paid (a) 1/;3rd at th time the Association lets the construction contract for the Sewer Plant Improvement Project, as hereinafter defined; (b) 1/3rd when 50% of the amount payable under the construction contract is due and payable; and (c) 1/3rd at the time of substantial completion of the Sewer Plant Improvement Project. Notwithstanding the foregoing, in no event will any portion of the tap fees be payable unless and until the Ranch Creek PUD/Subdivision Application and the final plat for Ranch Creek are approved by necessary governmental bodies and 5 the closing occurs of the purchase of the Stagecoach Parcel by Brown. Accordingly, the Association may, but shall not be obligated to, delay the letting of the construction contract for the Sewer Plant Improvement Project until these conditions are satisfied. If the Association commences construction before these conditions are satisfied, the tap fees due shall be paid promptly after satisfaction of these conditions. Once paid, the tap fees shall be non-refundable even though Ranch Creek is not developed or development thereof is delayed, unless the Association fails to complete the Sewer Plant Improvement Project or otherwise fails to be ready, willing and able to provide water and sewer service to Ranch Creek. 2.12 '• •rs • • i . The Association may, in its sole discretion, transfer to one or more special districts some or all of its obligations under this Agreement, including both the obligations set forth above and obligations hereinafter set forth in this .Agreement, provided that Ranch Creek is within the service area of the special district and the district will fulfill the obligations to Ranch Creek transferred by the Association. Owners in Ranch Creek shall support the formation of any such special district if requested by the Association and will not seek to form or support any special district if so requested by the Association. III Use of Ranch Common Area and Facilities. 3.1 • -. • . .; The Jenkins Parcel is already annexed into the Ranch and owners in the Jenkins Parcel are therefore entitled to use the Common Recreation Reserve and related common facilities within the Ranch. However, there has been a dispute between. Stagecoach and the Association as to whether, under the Second Amended Declaration governing the Ranch, and particularly Section 6.8(a)(2) thereof, owners in the Stagecoach Parcel would be entitled to use the Common Recreation Reserve and related common facilities in the Ranch if the Stagecoach Parcel is developed for residential purposes (the Stagecoach Parcel being part of the so-called Commercial Parcel described in the Second Amended Declaration). Nevertheless, the Association is willing to forgo the dispute and to permit owners in the Stagecoach Parcel to use the Common Recreation Reserve and related common facilities in the Ranch under and subject to the terms of this Agreement provided, of course, that this Agreement becomes effective. 3.2 Rights to Ilse Common Area and Facilities Owners of lots in Ranch Creek shall have rights to use the Common Recreation Reserve and related common facilities of the Ranch equal to the rights of owners of lots in the Ranch - except the owner or owners of the Special Purpose Lot. As with owners of lots in the Ranch, the rights of use shall be subject to provisions in the Second 6 Amended Declaration and to rules and regulations adopted by the Association. The rights of use shall be conditioned on payment of assessrnents to the Association by owners of lots in the Jenkins Parcel as required under the Second Amended Declaration and on payment by owners of residential lots in the Stagecoach Parcel of Service Charges as provided elsewhere in this Agreement. IV Road Maintenance. 4.1 Subject to the provisions of this Agreement, the Association agrees to plow and maintain the internal road within Ranch Creek and the Ranch roads surrounding and serving Ranch Creek. 4.2 Installation of Internal Road. The Ranch Creek Developer shall cause to be installed, at no cost to the Association, the internal road within Ranch Creek. The internal road shall be designed, installed and paved to comply with Garfield County road standards and, in any event, to at least the quality of Stagecoach Lane when originally installed within the Ranch. The design, installation and paving of the internal road shall be subject to the approval of the Association and the Association's Consulting Engineer. Prior to installation of the internal road, the Ranch Creek Developer shall submit plans for the road to the Association and the Consulting Engineer and shall make such reasonable modifications in such plans as may be required by the Association and the Consulting Engineer and shall thereafter install the internal road in accordance with the plans as so modified. After installation of the internal road, the Ranch Creek Developer shall notify the Association and the Consulting Engineer and permit the Association and the Consulting Engineer to inspect the same and shall correct any matters which the Association and the Consulting Engineer may find are at variance with the approved plans or otherwise may reasonably find require change or correction. 4.3 Developer_ Road Repair Obligation. The Ranch Creek Developer shall be responsible for repair and replacement of all portions of the internal road which, in the period of 18 months after installation and inspection of the internal road, shows defects or the need for repair or replacement as determined by the Association and the Consulting Engineer ("Developer Road Repair Obligation"). 4.4 Maintenance of Interna[ Road. After installation of the internal road as aforesaid, and upon commencement of payment of assessments for all lots in the Jenkins Parcel and commencement of payment of Service Charges for all lots in the Stagecoach Parcel, and for so long as this Agreement remains in force and effect, the Association shall be responsible for removal of snow from, and, except as covered by the Developer Road Repair Obligation, for maintenance, repair and replacement of, the internal road. 7 V Service Charges and Assessments. 5.1 • a ' - s . • • . . - $ . • -. • • i ' • Because the Jenkins Parcel is already annexed into the Ranch, the owners of residential lots in the Jenkins Parcel will be obligated to pay regular and special assessments to the Association in accordance with the Second Amended Declaration and, except to the extent modified by this Agreement, the Jenkins Parcel Agreement. Owners of residential lots in the Stagecoach Parcel within Ranch Creek shall be obligated to pay regular and special Service Charges to the Association as hereinafter provided. 5.2 l os e , • t - • • - a ' - s • • Owners of each residential lot in the Stagecoach Parcel within Ranch Creek will be required to pay, monthly in advance, on the first day of each month, regular Service Charges to the Association equal to the amount of the regular monthly assessments payable by an owner in the Ranch for the General Cost Center of the Ranch, plus any regular monthly assessment by the Association for any special cost center which may be established to cover costs and expenses of the Association reasonably attributable solely or principally to Ranch Creek (which assessments for a special cost center for Ranch Creek will be also payable by owners of residential lots in the Jenkins Parcel) plus the amount of any regular Service Charge by the Association for a special cost center which may be established to cover costs and expenses of the Association, if any, reasonably attributable solely or principally to the Stagecoach Parcel. The General Cost Center for the Ranch is described in Section 10.8(a) of the Second Amended Declaration governing the Ranch and is maintained for costs and expenses attributable to the Common Recreation Reserve and water and sewer service provided by the Association and for other costs and expenses not clearly or reasonably allocable to a special cost center for a particular condominium or detached housing parcel within the Ranch or clearly and reasonably allocable to a particular owner or owners. Currently, all costs and expenses of the Association are allocated to the General Cost Center of the Ranch except those clearly and reasonably allocable to the Condominium Parcel within the Ranch. The only other current cost center of the Association is a special cost center to cover costs and expenses attributable to the Condominium Parcel within the Ranch. 5.3 Special Service Charges Owners of each residential lot in the Stagecoach Parcel will be required to pay special Service Charges to the Association equal to the amount of any special assessment payable by an owner in the Ranch for the General Cost Center of the Ranch, plus the amount of any special assessment by the Association for any special cost center which may be established for Ranch Creek plus the amount of any special Service Charge by the 8 Association for any special cost center established for the Stagecoach Parcel. The time and schedule, if any, of payments of special Service Charges shall be determined by the Association. 5.4 Consents Rewired for Special Cost Centers No special cost center shall be established by the Association for Ranch Creek or for the Stagecoach Parcel without the consent of owners of a majority of the residential lots which will be subject to payment of regular or special Service Charges for the special cost center. 5.5 - 1. • p.•. ' . 1.• . .• The Special Purpose Lot on the Stagecoach Parcel for parking and/or open space will benefit directly to some degree from the Association's plowing and maintaining roads and will benefit indirectly to some degree from other functions and activities of the Association and the expenses incurred in connection therewith. In recognition of this and of the difficulty in measuring the benefits, it is agreed that the owner of the Special Purpose Lot for parking and/or open space will be obligated to pay regular Service Charges to the Association equal to 10% of the regular Service Charges or assessments payable by the owner of a residential lot in Ranch Creek. If there is any special Service Charge or assessment payable by the owners of lots in Ranch Creek, no special Service Charge shall be payable by the owner of the Special Purpose Lot except to the extent of the proportionate benefit, if any, to the Special Purpose Lot from the costs or expenses for which the special Service Charge or assessment is levied. The proportionate benefit shall be determined in good faith by the Association and, as provided hereinafter in Section 5.7, shall not be subject to challenge except in the case of clear, material and gross unfairness. 5.6 • • e • tel 11.1 •1 • r 1. _ .1• 4. / -I In light of the payment of tap fees as provided above in this Agreement, lots in the Stagecoach Parcel shall be exempt from regular or special Service Charges otherwise payable for such lots to the extent of Service Charges designed to cover the costs, including debt service costs, for the Sewer Plant Improvement Project. Similarly, lots in the Jenkins Parcel for which tap fees in the amount of $7,500 are paid pursuant to this Agreement (";Fully Exempt Lots"), shall be exempt from all of any regular or special assessment to cover the costs, including debt service costs, of the Sewer Plant Improvement Project. However, as to 6 lots in the Jenkins Parcel ("Partially Exempt Lots"), for which tap fees were previously prepaid at less than $7,500, these lots shall be exempt from only that portion of any regular or special assessment designed to cover the costs, including debt service costs, of expansion (as opposed to rehabilitation and upgrading) of the sewer plant and shall not be exempt from payment of regular or special assessments designed to cover costs, including debt service costs, not directly 9 attributable to expansion of the sewer plant. The Board of Directors of the Association shall have the authority to determine, in its reasonable discretion, the costs attributable to expansion of the sewer plant as opposed to the costs not attributable to expansion. The exemptions described herein are with respect to only the presently contemplated Sewer Plant Improvement Project and there shall be no exemption of lots in Ranch Creek from assessments or Service Charges, as the case may be, to cover future capital expenditures for the sewer plant or other facilities of the Association. Each lot in the Jenkins Parcel shall be designated by Jenkins as either a Fully Exempt Lot or a Partially Exempt Lot by written notice given to the Association on or before the earlier of issuance of a building permit for the lot or conveyance of the lot by Jenkins to a third party. 5.7 Waiver of Right to Challenge Service Charge Amounts Owners of lots in the Stagecoach Parcel shall not have any right to object to or challenge the amount or basis of the Service Charges payable to the Association except in the case of clear, material and gross unfairness. This waiver of the right to object or challenge is made in recognition of the fact that the Service Charges will, in all but the most remote case, be based on assessments levied by the Association against its own members, including members in the Jenkins Parcel, and are therefore unlikely to be materially unfair or improper. The amount of Service Charges payable by the owners of a lot shall not be reduced because the lot or the owners of the lot do not use the Common Recreation Reserve or otherwise do not benefit from particular costs and expenses for which Service Charges are collected. 5.8 - • - i • The Association shall have a lien against each lot within the Stagecoach Parcel to secure payment of any Service Charge and any other amount due and owing to the Association with respect to that lot or the owner of that lot, together with interest thereon from the date the amount was due and payable plus all costs and expenses of collecting the unpaid amount, including reasonable attorneys fees. The rate of interest shall be the rate of interest on judgments in civil cases established by statute of the State of Colorado (at the date hereof, this is 8% per annum) plus 4% but in no event less than 12% per annum. The lien may be foreclosed in the manner for foreclosure of mortgages in the State of Colorado. The lien shall be junior to the lien of any first mortgage or first deed of trust on the lot taken in good faith and for value and perfected by recording in the office of the Clerk and Recorder of Garfield County, Colorado prior to the time of recording of a notice of default setting forth the amount of the Service Charge or other amount then unpaid and describing the lot affected by the lien and, if known by the Association, the names of the owners thereof. 5.9 •II it- 1 .11'1 .10 \• -t . I. .I0 : . u'I 10 Service Charges for ail lots in the Stagecoach Parcel and assessments for all lots in the Jenkins Parcel shall be payable beginning on the first day of the month following the completion of the Sewer Plant Improvement Project. However, as to any lot for which a building permit is issued prior to completion of the Sewer Improvement Project, Service Charges or assessments will commence on the first day of the month following the date a building permit is issued for the lot. The Association shall advise of the amounts initially payable. Thereafter, whenever there is a change in the amount of Service Charges payable, the Association shall give written notice thereof to the owners of each residential lot in the Stagecoach Parcel addressed to "Owner" at the address of the lot or to such other name and address as the owners of the lot may furnish, in writing, to the Association. VI Other Particular Agreements. 6.1 Water Line Relocation. The Association agrees to the relocation of the Association's water line from its present location running through Ranch Creek to a location approved, in writing, by the Association and the Consulting Engineer provided that (a) the width on each side of the center line of the relocated line shall be as approved, in writing, by the Association and the Consulting Engineer; (b) an easement for the water line and for the maintenance, repair and replacement thereof is granted to the Association by grant of easement in form and substance satisfactory to the Association; (c) the new line will be of a size, design and with materials approved, in writing, by the Association and the Consulting Engineer; (d) the Consulting Engineer provides reasonable assurance to the Association that the relocation of the water line will not have a material, adverse effect on the Ranch or its members served by the relocated water line and (e) the relocation is accomplished at no cost and expense to the Association. 6.2 • • ' , • ' D.- • , The total number of dwelling units permitted on Ranch Creek shall not exceed 21 each located on a separate residential lot. Use of all lots, except the Special Purpose Lot, shall be limited to detached, single family homes with no caretaker or ancillary dwelling unit and no business use that has any appreciable external effect evident to neighbors. Each home shall be required to have a minimum of 1400 square feet of living space and to have an attached, enclosed garage for at least 2 cars. Lot sizes and building set backs shall be no less than, and building heights shall be no more than, as shown on the Schedule of Lot Sizes attached to this Agreement as Exhibit B. No building or portion thereof, including, without limitation, decks, porches, patios and steps, shall be constructed or maintained any nearer than 30 feet from the edge of Blue Creek which lies at the southerly part of Ranch Creek. For lots along Blue Creek, the greater of this set back and the set back required from the rear lot line shall be applicable. 11 6.3 ,Special Purpose Lot. In addition to 21 residential lots, one additional lot on the Stagecoach Parcel shall be a "Special Purpose Lot". The Special Purpose Lot ("Parking and Open Space Lot") shall be limited to use only for parking of not more than 50 cars and light trucks for no more than 18 hours at a time per vehicle and otherwise only for park or open space purposes. The Special Purpose Lot shall be kept in a neat and tidy condition at all times. The Association shall have no ownership interest in and no obligation to care for, operate or maintain the Special Purpose Lot. 6.4 No Change in PI JD/Subdivision Application, Ranch Creek shall be developed substantially in accordance with the Ranch Creek PUD/Subdivision Application as amended as of April 8, 19913 No significant change shall be made in the PUD/Subdivision Application as so driended without the written approval of the Association which approval shall not be unreasonably withheld. 6.5 Ar _hiter_.t ural Alt rp ova}" The written approval of the Association shall be required prior to (a) the construction or installation of any building, structure, fence or other improvement in Ranch Creek; (b) the destruction or abandonment of any building, structure or other improvement in Ranch Creek; (c) the excavation, filling or other disturbance of the surface of land in Ranch Creek, including, without limitation, any change in drainage pattern; (d) landscaping, planting or clearing of trees, shrubs or other significant vegetation or plant life within Ranch Creek; and (e) any change of exterior materials, color or appearance of any building, structure or other improvement in Ranch Creek. This requirement shall apply both to the Ranch Creek Developer and to individual lot owners. Approvals shall not be unreasonably withheld. 6.6 Ranch Creek Coy nan S Covenants for Ranch Creek shall be prepared and recorded which, except as approved by the Association, shall be consistent with and, where relevant, substantially the same as, the covenants governing single family areas within the Ranch. The Ranch Creek covenants shall refer to this Agreement and shall include relevant provisions from this Agreement which are intended to be binding on lots and future owners in Ranch Creek. The Ranch Creek covenants shall provide that they are intended to be for the benefit of the Association and shall be enforceable by the Association. The Association shall be consulted in connection with the preparation of the Ranch Creek covenants so that the Association may advise Ranch Creek of problems the Association has experienced with the covenants governing the Association and the Ranch Creek covenants shall be submitted to the Association for approval prior to recording. 1? The Ranch Creek covenants shall include a provision that no home shall be occupied as a residence by more than a "Single Housekeeping Unit" except infrequently and occasionally as necessary to accommodate short term guests. A "Single Housekeeping Unit" shall be defined as two or more persons related by blood or marriage or a group of not more than 5 persons. 6.7 Fishgrnan's asemett Members of the Association and their tenants and guests shall have the right to use the Fisherman's Easement along Blue Creek as shown on the Ranch Creek Map for fishing to the same extent as if the Fisherman's Easement were part of the Common Recreation Reserve of the Ranch. 6.8 ,Internal Roads jnd Ease_ mem. The Association and members of the Association and their Tenants and guests shall have the right to use the internal road, the pedestrian easements and other public space, common area and common easements within Ranch Creek to the same extent as if these were part of the Common Recreation Reserve of the Ranch. 6.9 Raw Water foL aw Irri •tin The Ranch Creek Developer shall install a pump or pumps to draw water out of Blue Creek adjoining Ranch Creek and raw water lines from the pumps to each lot in Ranch Creek (including non- residential lots) to permit, and shall impose covenants on Ranch Creek to require, irrigation of lawns, shrubs, trees and other landscaping with raw water from Blue Creek rather than with potable water from the water facilities of the Association. The pumps and raw water lines shall be maintained, repaired and replaced by the Association to the same extent as other areas in the Ranch where raw water pumps and lines have been installed for irrigation of individual Lots. 6.10 Annexation of Stagecoach Parcel, The parties believe that annexation of the Stagecoach Parcel into the Ranch would be in the best interests of all, but recognize that such annexation will, under the Second Amended Declaration governing the Ranch, require a vote of owners within the Ranch. At such time within the next 5 years as Brown may request, the Association agrees to seek approval of owners within the Ranch to the annexation of the Stagecoach Parcel into the Ranch and agrees to urge owners within the Ranch to vote for such annexation. ,1% 6.18 No Fishing Clubs The Ranch Creek covenants will include provisions, approved by the Association, which will prevent lots within Ranch Creek from being owned by, or used for, Fishing Clubs. A "Fishing Club" shall mean any group of three or more people, not related by blood or marriage, who have ownership or use of a lot for the primary purpose of enjoying the fishing opportunities within the Ranch. 13 VII Conditions to Agreement. 7.1 Conditions Precedent to Association Obligations Insofar as the Association is concerned, the effectiveness of this Agreement and the obligations of the Association hereunder are conditioned on the following which shall constitute "Conditions Important to Association" (a) the Association obtaining financing for substantially all of the costs of the Sewer Plant Improvement Project other than the amount of costs which can be funded by the tap fees payable hereunder ("Financing Condition"); (b) approval of this Agreement and of the actions to be taken pursuant to this Agreement by at least a majority of the members of the Association casting votes, or such larger vote proportion as the Association may deem to be necessary or desirable ("Owner Approval Condition"); (c) costs of the Sewer Plant Improvement Project being within the amount of funds available from financing and Ranch Creek tap fees without resort to reserves or other funds of the Association ("Adequate Funds Condition"); and (d) the absence of any material breach by Brown or Jenkins of any of the agreements contained in this Agreement ("No Ranch Creek Breach Condition"). 7.2 •1 • • 1 iri•. ;.e 1 • 1 1 t • e s Insofar as Brown and Jenkins are concerned, the effectiveness of this Agreement and the obligations of each hereunder (except the obligation with respect to payment of tap fees) are conditioned on the following which shall constitute "Conditions Important to Ranch Creek" (a) completion of the Sewer Plant Improvement Project ("Sewer Plant Completion Condition"); and (b) the absence of any material breach by the Association of any of the agreements contained in this Agreement ("No Association Breach Condition"). 7.3 Conditions Precedent for All Parties. For all parties, the effectiveness of this Agreement and the obligations of the parties hereunder are conditioned on the following, which shall constitute "Conditions Important to All Parties" (a) approval of the Ranch Creek PUD/Subdivision Application, as amended, by Garfield County ("PUD Approval Condition"); (b) approval by Garfield County and recording of the final subdivision plat contemplated by the PUD/Subdivision Application ("Subdivision Approval Condition"); (c) closing of the acquisition of the Stagecoach Parcel by Brown ("Stagecoach Parcel Closing Condition"); (d) Approvals as necessary by governmental bodies of the Sewer Plant Improvement Project ("Government Approval Condition"); (e) renewal of the permit to operate the sewer plant (" Sewer Plant Permit Renewal Condition"); and (0 amendment of the permit for the Ranch water supply well to permit withdrawal of additional water in sufficient quantity to serve Ranch Creek ("Well Permit Amendment Condition"). 14 7.4 Target Dates for Satisfaction of Conditions, Target Dates for satisfaction of the foregoing conditions are as follows: Condition Target Date Owner Approval Condition (Satisfied) PUD Approval Condition (Satisfied) Financing Condition 12/1/99 Adequate Funds Condition 7/ 1 ? Government Approval Condition 7/1/00 Sewer PIant Permit Renewal Condition 7/1/00 Well Permit Amendment Condition 7/1/00 Subdivision Approval Condition 9/1/00 Stagecoach Closing Condition 9/1/00 Sewer Plant Completion Condition 12/ No Association Breach Condition 12/31/00 No Ranch Creek Breach Condition 12/31/00 7.5 Force Majeure. No party shall be liable for any failure to perform any agreement herein, or to satisfy any condition hereunder, if such failure is the result of Force Majeure, and any time limit expressed in this Agreement, including any Target Date, shall be extended for the period of any delay resulting from any Force Majeure. "Force Majeure" shall mean causes beyond the reasonable control of a party such as, but not limited to, acts of God, strikes, work stoppages, unavailability of or delay in receiving labor or materials, defaults by contractors, subcontractors, vendors, suppliers or other third parties, weather conditions, fire, flood or any other casualty, or action, delay or inaction of governmental authorities. Force Majeure shall not include unavailability of funds. 7.6 Effect of F it it . of Con itiona No party shall be liable for failure to satisfy a condition whether or not satisfaction of the condition is deemed to be within the control of that party. If any of the Conditions Important to Association are not satisfied by the Target Date for satisfaction of that condition and are not waived by the Association, the Association may, at any time after that Target Date and until the condition is satisfied, terminate this Agreement by written notice to the other parties. Similarly, if any of the Conditions Important to Ranch Creek are not satisfied by the Target Date for satisfaction of that condition and are not waived by Brown and Jenkins, either of Brown and Jenkins may, at any 15 time after that Target Date and until the condition is satisfied, terminate this Agreement by written notice to the other parties. Finally, if any of the Conditions Important to all Parties are not satisfied by the Target Date for satisfaction of that condition and are not waived by all parties, any party to this Agreement may, at any time after that Target Date and until the condition is satisfied, terminate this Agreement by written notice to the other parties. In the event of termination of this Agreement in accordance with the foregoing, all parties shall be released from all further obligations hereunder except that the Association shall be obligated to return any tap fees paid pursuant to this Agreement if, but only if, termination is based on the failure to satisfy the Sewer Plant Completion Condition. If this Agreement is terminated, the parties shall join in executing and acknowledging a document recording that fact ("Agreement of Termination"). 7.7 Final Satisfaction of Conditions, If and when all the foregoing conditions have been satisfied (or waived), the parties shall join in executing a document acknowledging that fact ("Agreement on Satisfaction of Conditions"). 7.8 Costs of Transaction. Whether or not the foregoing conditions are satisfied and whether or not this Agreement is terminated and whether or not any party may be deemed to be at fault in connection with any failure to satisfy a condition or for termination of this Agreement, each party shall bear his, her or its own costs and expenses in connection with preparation, negotiation and finalization of this Agreement and satisfying or attempting to satisfy the foregoing conditions and shall not be entitled to reimbursement of any costs or expenses or to recover damages from any other party. 7.9 u s •i •esit- • . .i• Service Agreement When all of the foregoing conditions have been satisfied (or waived), the Commercial Parcel Water and Sewer Service Agreement shall no longer be applicable to the Stagecoach Parcel (but it shall continue to be effective as to the remaining portion of the Commercial Parcel on which the Relay Station Restaurant building is currently located). 7.10 • t' -.-ii-1 •0 -i.'s' '. - :..-fi., When all of the foregoing conditions have been satisfied (or waived), the Jenkins Parcel Agreement shall no longer be applicable and shall be considered as terminated and of no further force and effect. 7.11 Effect of Annexation of Stagecoach Parcel on This Agreement, If the Stagecoach Parcel becomes annexed into the Ranch at any time, many of the provisions of this Agreement will no longer be necessary or applicable and all such provisions will, accordingly, be deemed terminated and no longer in force and effect. 16 VIII Miscellaneous. 8.1 Binding_Effect, This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. The covenants and agreements of Brown and Jenkins contained herein shall be deemed covenants running with the land and with title to the Ranch Creek Parcel, including both the Stagecoach Parcel and the Jenkins Parcel and shall be deemed for the benefit of the Association and the members of the Association. The covenants and agreements of the Association contained herein shall be deemed covenants running with the land and with title of the Association to any land and facilities owned by the Association and shall be deemed for the benefit of owners of lots in the Ranch Creek Parcel. 8.2 Limitations On 1 lability, The Association, its directors, officers, employees, agents and members shall not be liable to any person or party with respect to any matter arising under or in connection with this Agreement except in the case of willful disregard of this Agreement, recklessness, bad faith or malice and except that Brown and Jenkins, their respective heirs, personal representatives, successors and assigns shall be entitled, where appropriate, to injunctive relief. Brown, Jenkins, any Ranch Creek Developer, and their directors, officers employees, agents and members, shall not be liable to any person or party with respect to any matter arising under or in connection with this Agreement except in the case of willful disregard of this Agreement, recklessness, bad faith or malice and except that the Association, its successors and assigns, shall be entitled, where appropriate, to injunctive relief and except that Brown, Jenkins, any Ranch Creek Developer and their heirs, personal representatives and assigns, shall be liable for payment of all monetary payments provided in this Agreement. No person or party shall be entitled to recover any punitive or consequential damages in any action or proceeding arising under or in connection with this Agreement. 8.3 No Public Utility Status, The Association shall not, by reason of this Agreement, be deemed to be holding itself out as ready to serve or as serving the public and shall not, by reason of this Agreement, be deemed a public utility. 8.4 Arbitration. Any dispute or controversy under this Agreement shall be determined by arbitration in accordance with the following provisions. If any party desires arbitration ("Originating Party"), that party shall give written notice to any other party who will be affected by the arbitration ("Relevant Other 17 Parties"), The Originating Party and the Other Relevant Parties shall promptly thereafter seek to agree upon a single arbitrator. If the parties cannot agree upon a single arbitrator within a reasonable time, any party may proceed, upon written notice to the other parties, to have a single arbitrator selected in accordance with the rules and procedures of the American Arbitration Association for commercial arbitrations and the arbitration shall thereafter proceed in accordance with the rules of the American Arbitration Association except as mutually agreed by all the parties. Any decision by the arbitrator shall be binding on all parties to the arbitration. The costs and expenses of the arbitration, including fees of the arbitrator and reasonable attorneys fees of the parties, shall be paid by the parties as may be specified by the arbitrator and, to the extent not so specified, each party shall bear its own costs and expenses and the fees and costs of the arbitrator shall be borne equally by all the parties to the arbitration. 8.5 hof Legal Proceedings. In the event of legal proceedings under or in connection with this Agreement, the prevailing party shali be entitled to recover its costs and expenses incurred in connection with such legal proceedings including, without limitation, reasonable attorneys' fees. This provision shall not apply to arbitration proceedings, which are governed by the foregoing Section of this Agreement, but shall apply to court: proceedings to enforce an arbitration award. 8.6 Notices Ali notices or other instruments or communications under or in connection with this Agreement shall be in writing, shall refer to this Agreement, and shall be deemed properly given and received on the earliest of (a) the day when actually received; (b) the day when delivered by mail, by messenger or courier service or by fax or telecopy delivery, if it is a business day, if not, on the first business day thereafter; (b) the next business day after deposit for delivery by a responsible overnight courier service; or (c) the third business day after deposited in the mail. All such notices or other instruments or communications shall be furnished with transmission, delivery or postage charges paid by the sender and shall be addressed or faxed to the party at the address or fax number set forth in the first paragraph of this Agreement or such other address or fax number as such party may designate by written notice to the other parties or to the last known address or fax number of the addressee. 8.7 Entire Agreement This Agreement, and any other agreements referred to herein constitute the entire agreement of the parties with respect to the subject matter hereof and all other prior agreements and understandings shall, except to the extent otherwise provided herein, be deemed merged into this Agreement. 8.8 No Oral Modifications, No amendments, waivers or modifications hereof shall be made or deemed made unless in writing executed by the party to 18 be bound. 8.9 No Implied Waivers Neither the failure of a party to enforce any provision of this Agreement or to exercise any right under this Agreement nor the waiver by a party at any time or times of strict compliance with this Agreement shall be construed as a general waiver or as a waiver of the right to demand and enforce, or as an estoppel from demanding and enforcing thereafter, strict cornpliance with the terms of this Agreement. 8.10 Fair Interpretation, This Agreement has been diligently negotiated by the parties and each party has had the opportunity of being represented by legal counsel in the finalization of this Agreement. Accordingly, this Agreement shall be construed in accordance with its fair meaning. The rule of construction that ambiguities shall be construed against the party who drafted a provision shall not be employed in interpreting this Agreement. 8.1 1 Saturdays. Sundays and Holidays. With respect to dates and time periods under this Agreement, any date that falls on, or time period that ends on, a Saturday, Sunday or legal holiday shall be deemed to refer to the next business day. 8.12 . •• ' - $ • • $ "• $ • • $ mien= The headings and captions used in this Agreement are for convenience only and shall not beconsidered in interpreting the provisions of this Agreement. In Witness Whereof the parties have executed this Agreement as of the date first above written. Ranch at Roaring Fork Homeowners Association, Inc. By: ("7„4,ea,„e. !.d President State of Colorado ) ) ss. County of Garfield ) David P. Brown The foregoing instrument was acknowledged before me this day of 1999 by , as 19 President of Ranch at Roaring Fork Homeowners Association, Inc., a Colorado not-for-profit corporation. Witness my hand and official seal. My Commission Expires State of Colorado ) ss. County of Eagle Notary Public The foregoing instrument was acknowledged before me this day of , 1999, by David P. Brown. Witness my hand and official seal. My Commission Expires Notary Public State of Colorado ) ) ss. County of Pitkin ) The foregoing instrument was acknowledged before me this day of , 1999, by Jane J. Jenkins. Witness my hand and official seal. My Commission Expires Notary Public 20 Appendix A Defined Terms. Adenuate Funds Condi ion See Section 7.1(c). Agreement on Satisfaction of Conditions, See Section 7.7. Agreement of Termination, See Section 7.6. Association. See Preamble of this Agreement. When used herein, the term "Association" shall mean only the Ranch at Roaring Fork Homeowners Association, Inc. and shall not mean the contemplated Ranch Creek Homeowners Association. Brown, See Preamble of this Agreement. Commercial Par ..l. See Section 1.1. 6n11 The "Commercial Parcel Water and Sewer Service Agreement" shall mean the Water and Sewer Service Agreement, dated as of January 1, 1981, between the Association and Stagecoach, recorded —, 19iri Book 695 at page 891 of Garfield County Records, and as an attachment to other recorded documents, relating to the provision of water and sewer service by the Association to the Commercial Parcel, including the portion thereof constituting the Stagecoach Parcel. Common Recreation Reserve "Common Recreation Reserve" shall mean the Common Recreation Reserve of the Ranch as described and defined in the Second Amended Declaration. Conditions Important to All Parties, See Section 7.3. Conditions Important to Association See Section 7.1. Conditions Important to Ranch Creek , See Section 7.2. Consulting Engineer. "Consulting Engineer" shall mean any person selected by the Association to assist the Association in reviewing plans, inspecting installations or approving matters under this Agreement which may require special attention and/or special experience or qualifications. There may be different persons selected as Consulting Engineer for different matters. I a Consulting Engineer has not been selected for a particular matter, the Ranh 21 Creek Developer may request the Association to designate a person to act as Consulting Engineer for such matter and the Association shall do so with reasonable promptness. The Association may elect to proceed without an outside Consulting Engineer in which case, the Association shall appoint a member of the Association to fill the role of Consulting Engineer. Developer Road Repair Obligation See Section 4.3. ,,. - • ,,- • .$I :-o.: •. • •i Financing Condition, See Section 7.1 (a). Force Majeure. See Section 7.5. Fully Exempt Lots. See Section 5.6. See Section 2.4. Garfield _o unty Records. "Garfield County Records" shall mean real estate records in the office of the County Clerk and Recorder of Garfield County, Colorado. General Cost Center of the Ranch See Section 5.2. Government Approv 1 Condition. See Section 7.3 (d) Jenkins. See Preamble of this Agreement. Jenkins Parcel. See Section 1.1. -Jenkins Parcel Agreement. "Jenkins Parcel Agreement" shall mean the Agreement. dated July 26, 1990, between RFR Partners, the then owner of the Jenkins Parcel, and the Association, recorded June 1, 1993 in Book 864 at page 243 of Garfield County Records, relating to annexation of the Jenkins Parcel into the Ranch and related matters. No Association Breach Condition See Section 7.2 (b). NailanclErtek Br h Condi ion. See Section 7.1 (d). Owner Approval Condition, See Section 7.1 (b). Parking and Open Space Lot, See Section 6.3. Partially Exempt Lots See Section 5.6. 22 Prior Ranch Creek Agreement. See Section 1.7 PhD Approval Condition. See Section 7.3 (a). Pi JD/Subdivision Application. See Section 1.1. Ranch Creek Developer "Ranch Creek Developer" shall mean Brown as to the Stagecoach Parcel and Jenkins as to the Jenkins Parcel and their respective permitted successors and assigns. The contemplated Ranch Creek Homeowners Association shall constitute a permitted assign, as Ranch Creek Developer, of each of Brown and Jenkins. No other party shall be a permitted assign as Ranch Creek Developer without the written consent of the Ranch at Roaring Fork Homeowners Association. Ranch, See Section 1.1. Ranch Creek See Section 1.1. Ranch Creek Map. See Section 1.2. Second Amended Dec aration. The "Second Amended Declaration" shall mean the Second Amended Declaration of Covenants, Conditions, Limitations, Restrictions, Reservations, Liens and Charges for Ranch at Roaring Fork, undated but acknowledged July 12, 1985 and recorded August 7, 1985, in Book 673 at page 586 of records in the office of Garfield County Records. Service Charges. See Section 5.1 through 5.5. . 1 • 11 - • 1 1 • • 1 See Section 7.2(a). 1 .' The "Sewer Plant Improvement Project" shall mean improvements to the Association's sewer plant deemed, by the Board of Directors of the Association, to be presently necessary and desirable with expansion of the capacity of the sewer plant to allow additional sewer service beyond the present capacity of the sewer plant, including service to Ranch Creek. '. 11 I • - - 1 it Sewer PlantPermit Renewal .on i ion See Section 7.3 (e). Single H > 1.. eping Unit See Section 6.6. Special Purpose Lot. See Section 6.3. 23 Stagecoach. See Section 1.1. Si gernach Par ..1. See Section 1.1. • • + ' • • • 1 See Section 7.3 (c). .• •1 ISO • •1• •1 See Section 7.3 (b). Target Dates See Section 7.4. y Water Deed, See Section 2.2. Mi_rdLarmitAmensimenLandiiinn. See Section 7.3 (f) 24 0812,9P TH1 12.39 FAA 970 925 2258 STRYKER BROWN ARCHITECTS Z002/003 z M At' 41elt e.()T.INTY . /' 1 , 44 r •, --:•-,:-7.:,-.-...:::-.. ..,..............„ , 1!„7 /--. ':.,.--- A,. / ,v---FUL2-.L2.• 4 /7- • - -r-- 477-1-1--- f i • •,rr ; •',.''..',1t• '1,.•'...Ii.N• ••••••-.,....,... •':// ' 4 \ ,;. . ‘.'.J..,/.2 //- : .,.; •V...'.l'i,.\-\' i' '• ' ,.*, ./ '1 ,'' ' ,''• 1, ,/,;,; • 4 ` ,''' /1 .: • ,./ 7 ,"i/ :.- , .. ;•74 -;. 7 :,i'-, :', .7:'1 . ; ,: i'1' - ' :'''''' ; i.'' • / /..• .1111 v .. /,,. 0. , .//',/•::',•,'' :• ', -. , ,._4.,„.'j-,,).•?• .,, -• _,•,.- / .4; ” :i,a / ,•,, ;,/ 1; . '// tY"/ ..'/, ''- / i. -4. ,/ /'/ i "' ,e/',,,, .J,. 0. ,,4J L >5 // 4e /,4t, ,/ ; >s1. / ./ •-•.' 4: .., i-' i.;:I.; 1'' / . Y eZ ./. 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I ' U 11 11 • X it . irgi 4i. ; tz;14411'.%k;i4,-tt ele “41:44,.:01410,, 4. 1 C: x.4 fnt="1"u1111! —.....,. . , lot 4444 4 4 .ke;kik • iNtlittMlan 64;1;;:01 IMittnitntintil ottr.At,le ••• • 8 8414 •IlYtt • '0447.0.4?k• 0,4y.,11,014 It:01111011S gx.w181-r ..... = 1. 08%12:99 THU 12:40 FAX 970 925 2258 STRYKER BROWN ARCHITECTS EXHIBIT 6 tit 003: 1103 SCHEDULE OF LOT SIZES RANCH CREEK Preliminary Plat-PUD/Subdivision Application Exhibit 6 Revised 4/8/98 Rand': Creek Drive ROW not included in lot sizes Lot sizes reflect lot line ad;ustment with Parcel A on south WO t side LOT 'Lot Size Usc !Front . Side 1 Rear Notes Number (a ri.»urnate) Setback Setback 1Setback Parcel 2B ` STRYKER/BROWN LOTS 1 6577 sf 'single family 25' 10' 10' ' 30 setback from creek edge, 10' on east at Lot 2 .south side setback is north edge of sewer easement 2 9366 sf si ngla family 25' 10' .42' 3 9278. sf single family ,25' , iC' 55 4 7623 sf 'single family 15' 10' :59' 5 10716 sf Isinglc family 15' ' 10 65' 6 8233 • sf single family 15' ;10' , 68' 7 6185,sf single family ' 15' 10' 20' • 8 6795 sf ,single family 15' 10 20 9 6098 sf single family !15' 10' .20' 10 8973'sf single family 25' .10' .20' 11 9975sf singly fa:tnily :25* 10' 20' south 25' on bottn street fronts 12 7971, sf single family , 25' 10' 20' south 25' on both street fronts 13 17170 sf :Park/f arkinh 25' 10' 20' lurking per -Witted on Lot per Final Plat Parcel 1 JENKINS LOTS J1 12978 sf 'single family 20 10' 65' j2 11094 sf ,single family 20' 110' .50' J3 10219 sf 'single fanuiy 20' � 10' ;50' ' . ...... j4 12693sf single family 20' 10';50' J5 19497 sf .singic family 25' 10' 50' J6 7361'sf single fa►nily ,15' 10' per preliminary plat J7 7841 sf ;single family ;15' !10' 20' J8 6882 sf single family 15' 10' X20' J9 7013 sf 'single family ;25' 10' ,per preliminary plat NOTES: 1 25' Height Limit all buildings 2 RE: 4 08.04 all uses are residential. Conditional use is home occupations with no employees 3 Maximum number of Dwelling Units: 22 Single Family E.x I4lT3 T 18 Q4 3D ' s;Q-- Exhibit C Legal Descriptions of Stagecoach and Jenkins Parcels Stagecoach Parcel __Parcel B, Resubdivision of Parcel 2, Phase II, Town Center, and "D" Units of Ranch at Roaring Fork Final Plat, Garfield County, Colorado. Jenkins Parcel _Parcel 1, Final Plat, Phase II, Town Center & "D" Units, Roaring Fork Ranch, Garfield County, Colorado. 21 Mar. 31, 1998 4:30PM ' PITKIN COUNTY TITLE No, 5740 P. 2/7 COMMITMENT FOR TITLE INSURANCE }� SCHEDULE A FILE NO. 9802079 2. Effective Date: 12TH day of FEBRUARY 1998, at 7:59 A.H. 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 10-17-92) Proposed Insured: A PURCHASER TO BE DETERMINED (b) ALTA LOAN POLICY (10-17-92) Proposed Insured: $TBD 3. The estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: JANE J. JENKINS 4. The land referred to in this Commitment ie situated in the County of Garfield, State of Colorado, and described as follows: COUNTERSIGNED: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF TITLE CHARGES OWNER'S POLICY $250.00 MINIMUM CHARGE a Authorized officer or Agent rw Valid only if Schedule B and Cover Are Attached American Lard Title Association Commitment Schedule A (Rev'd 6-86) ISSUING AGENT: Commonwealth Title Company 127 East 5th Street P. 0. Box 352 Rifle, Colorado 81650 Mar, 31, 1998 4:31PM ° PITKIN COUNTY TITLE No, 5740 P. 3/7 FILE NO. 9802079 EXHIBIT "A" A part of Lots 2 and 8 in Section 36, Township 7 South, Range 88 West of the 6th P.M., described as follows: Beginning at a point on the South right of way line of Stagecoach Lane whence the Northeast corner of said Section 36 bears North 76°15'33" East, 1883.81 feet; thence South 46°03'19" East, along said right of way line, 162.86 feet to the Northwest corner of a tract conveyed to Jacobson by deed recorded in Book 479 at Page 97; thence, along the West line of said Jacobson tract, the following courses and distances: South 6°55'30" West, 214.79 feet; along a curve to the right having a radius of 433.34 feet and a central angle of 7°55'14" (the long chord of which bears South 10°53'07" West, 59.86 feet), an arc distance of 59.9 feet; and South 14°50'44" West, 41.34 feet; thence North 67°02116" West, 140.89 feet; thence North 47°00'34" West, 80.66 feet; thence North 65°33'21" West, 48.33 feet; thence North 59°02'10" West, 46.65 feet; thence North 66°09'40" West, 141.03 feet; thence North 47°49'59" West, 94.99 feet to a point on the boundary of a tract conveyed to Jacobson by deed recorded in Book 481 at Page 660; thence, along the boundaries of said Jacobson tract, the following courses and distances: North 55°45' East, 150 feet; South 44°25' East, 100 feet; and North 56°40' East, 249.78 feet to the POINT OF BEGINNING. ALSO KNOWN AS PARCEL 1 PHASE II ROARING FORK RANCH ACCORDING TO THE PLAT RECORDED MARCH 14, 1978 AS RECEPTION NO. 284067 Mar, 31. 1998 4:31PM ' PITKIN COUNTY TITLE No, 5740 P. 4/7 FILE NO. 9802079 SCHEDULE B - SECTION I The following are the requirements to be complied with: 1. Instrument creating the estate or interest to be insured must be executed and filed for record, to wit: a. Warranty Deed from Jane J. Jenkins vesting fee simple title in A PURCHASER TO BE DETERMINED. 2. Pay the full. consideration to, Mortgagors. 3. Pay all taxes, charges, assessments, premises, which are due and payable. 4. Satisfactory evidence should be had or for the account of, the alterations thereto are completed; materiaimen are all paid; and have intent to perfect a lien for labor that release of record levied and that Grantors or assessed against subject improvements contractor, sub -contractor, Labor and all liens or notice of and/or repairs or material. 5. Payment of any outstanding homeowners dues. NM 6 American Land Title ASBOciatioA Commitment Schedule B - Section i - Form 1004-5 Mar, 31, 1998 4:31PM PITKIN COUNTY TITLE No, 5740 P, 5/7 FILE NO. 9802079 SCHEDULE B -SECTION 2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 1. Rights or claims of parties in possession not shown by the Public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, end any facts which a correct survey and inspection of the premises would disclose and which are not shown by the Public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shorn by the Public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Pursuant to Senate Bill 91-14 (CRS 10-11-122) Notice is hereby given that: a) The subject real property may be located in a special taxing district; b) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorised agent; c) Information regarding special districts and the boundaries of such districts may be obtained from the Board of County commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A Tax Certificate will be ordered from the County Treasurer by the Company and the costs therefor charged to the proposed insured unless written instructions to the contrary are received by the Company prior to the issuance of the Title Policy anticipated by this commitment. 7. Any and all unpaid taxes, assessments and unredeemed tax sales. 8. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded November 27, 1900 in Book 12 at Page 549 and in patent recorded April 15, 1904 in Book 56 at Page 496. 9. Roadway and utility easements conveyed in deed recorded July 12, 1973 in Book 447 at Page 140. 10. Terms and conditions of amended master trust agreement recorded October 26, 1977 in Book 502 at Page 142. continued on page 2 NOTE: EXCEPTIONS) WILL NOT APPEAR IN THE MORTGAGE POLICY TO BE ISSUED HEREUNDER The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - section 2, the following items: (1) The Deed of Trust, if any, required under Schedule B - Section [, Items (b).(2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sates. American Land Title Association Commitment Schedule 8 - Section 2 Form 1004-12 Mar, 31. 1998 4:31PM PITKIN COUNTY TITLE No, 5740 P, 6/7 FILE NO. 9602079 SCHEDULE B - SECTION 2 CONTINUED 11. Terms and conditions of time sharing agreement recorded October 6, 1975 in Book 479 at Page 407A and supplement thereto recorded October 6, 1975 in Book 479 at Page 420A. 12. Second amended declaration of covenants, conditions, limitations, restrictions, reservations, liens and charges for Ranch at Roaring Fork recorded August 7, 1985 in Book 673 at Page 586. 13. Terms and conditions of agreement by and between R.F.R. Partners, a Colorado General Partnership, and the Ranch at Roaring Fork Homeowners Association recorded June 1, 1993 in Book 864 at Page 243. 14. Terms and conditions of Agreement recorded July 12, 1993 in Book 868 at Page 424. 15. Terms and conditions of Resolution No. 97-81, Garfield County, recorded September 4, 1997 in book 1032 at Page 498. (page 2) Mar.31.1998 4:31PM' PITKIN COUNTY TITLE No, 5740 P. 7/7 INFORMATIONAL NOTES This is to advise that COMMONWEALTH TITLE INSURANCE COMPANY makes available to its prospective insured owners, in conjunction with their COMMONWEALTH TITLE INSURANCE COMPANY policy covering a single family residence, including a condominium or townhouse unit, protection against mechanics' liens. This protection is not automatic nor given in all cases, but is subject to the Company's underwriting requirements, and does not cover those liens which arise out of work contracted for or entered into at the request of the insured owner. These underwriting requirements include, but may not be limited to, the following: 1. Receipt by the Company of agreement(s) indemnifying it for any loss resulting from its granting of lien protection, executed by the seller, contractor or others who might have incurred debts which could result in mechanics' liens; 2. Infortmation concerning the solvency and whereabouts of the parties set forth in Item No. 1, possibly including financial statements; 3. Evidence of payment of any bills which might have been incurred for work done on the property, depending upon the length of time elapsed since the last work was completed and what remains to be done; 4. In the event of extensive recent constructions, whether on all the improvements located upon the property or not, additional items required may include: (a) the Company's review of the owner's and/or builder's history relative to construction projects previously completed or presently under construction; (b) review of the construction loan agreement if applicable; (c) review of any performance or materialman's bonds concerning this construction, if applicable; (d) payment of the appropriate charge for mechanics' lien protection during construction, if applicable. This is also to advise that, pursuant to Regulation of the Colorado Insurance Commissioner, every title entity shall be responsible for all matters which appear of record prior to the time of recording, and subsequent to the effective date of the commitment, whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed. This does not include those matters created, suffered, assumed or agreed to by the insured. The prospective insured is advised to inquire of the closing entity as to whether it is an office of COMMONWEALTH TITLE INSURANCE COMPANY or is an independent agent which will be the responsible entity relative to the closing only. Carbondale & Rural Fire Protection District February 23, 1998 Mark Bean Garfield County Planner 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 RE: Ranch Creek Subdivision, Preliminary Plan Mark: 300 Meadowood Drive Carbondale, CO 81623 (970) 963-2491 Fax: (970) 963-0569 V, FLB 2 _ 1994, di (w LO C. urijy I have reviewed the preliminary plan application for the Ranch Creek Subdivision. The proposed water system and road layout appear to be adequate for the development. Please contact me if you have any questions or if I can be of any assistance. Bill Gavette Fire Marshal MAR -09-99 MON 05:03 PM ROARING FORK SCHOOL DIST FAX NO. 9709459240 P. 01 .orkSchon , " Roari;ng.F :,School bistrlct RE -1 1405.Ofend Avenue Glenwood Springs, Colorado 81601 Telephone (970) 945-6558` March 9, 1998 Mr. Mark Bean Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 FREDA. WALL, Superintendent JUDY HAPTONSTALL, Assistant Superintendent SHANNON PELLAND',' F/nance Director Re: Ranch Creek Preliminary Plan Dear Mark: The following is submitted in response to your request for comments on the Ranch Creek Preliminary Plan: As you are aware, the District's Board of Education adopted a formula for land dedication in July, 1997. Application of this formula (see attached resolution) results in total land dedication of an amount Tess than the minimum requirement for a school site. Accordingly, the District is requesting cash -in -lieu of land dedication to be calculated in accordance with the attached resolution. The District recognizes that this land dedication standard has not yet formally been adopted by the County. At the County's request, we arc now working with Garfield Re -2 (Rifle) and Garfield 16 (Parachute) in an effort to develop a common standard which can be applied for all three school districts. We have met with Superintendents from Parachute and Garfield Re -2 and agree conceptually on the formula. We are now in tlic process of collecting consolidated data for all three districts regarding number of' students per dwelling unit and land arca per student. After we have revised the formula based on county -wide data, each of the Boards of Education will need to adopt a resolution in support of the formula. Because we believe the attached resolution closely approximates what you will sec in the final resolution, we are requesting application of the formula described therein. We hope to have a resolution to you soon for all three districts so that a uniform land -dedication standard tnight formally be adopted by the County prior to final review for this subdivision. The consulting firm we are working with to collect county -wide data estimates that they are approximately two weeks from having a final report for us. Si ely, Shannon Pelland Finance Director Erie. PfLea#4 MAR -09-93 MON 05:04 PM ROARING FORK SCHOOL DIST FAX N0, 9709459240 P. 02 RESOLUTION OF THE ROARING FORK SCHOOL DISTRICT RE -1 BOARD OF EDUCATION REGARDING S'T'ANDARDS FOR LAND DEDICATION AND CASH IN LIEU OF LAND DEDICATION 1997 A. THIS RESOLU'T'ION IS PREMISED ON THE FOLLOWING: 1. Roaring Fork School District ("District") has experienced annual student enrollment increases ranging from 1.5% to 6.9% from 1988 to 1996 and averaging 4.8% during that time: Year Enrollment 1988/89 3301 1989/90 3495 1990/91 3 708 1991/92 3021 1992/93 4013 1993/94 4288 1994/95 4473 1995/96 4668 1096/97 4737 2. The District recognizes the impact of new development on the need for public land tur new schools and has prepared the following formula to calculate a standard for school land dedication: Land arca provided per student x students generated per dwelling unit = Land Dedication Standard 3. The District has determined that the total land area currently provided by the District is 1,042,8 square feet per student based on existing school site acreage and reasonable capacities for each building as reflected in Exhibit A. 4, The District has determined the number of students generated per type of dwelling unit according to data obtained from the State oI' Colorado Demographer as follows: Single Family 0.593 Townhome, Condo, Duplex, etc. 0.320 Apartment 0,185 Mobile Home, Trailer 0.474 MAR -09-93 MON 05:04 PM ROARING FORK SCHOOL DIST FAX NO. 9709459240 P. 03 5. Application of the formula results in the following suggested Land Dedication Standards: Single Family Townhome, Condo, etc. Apartment, Duplex, etc. Mobile Home 618 sq. ft per unit or .0142 acres 343 sq. ft per unit or .0079 acres 193 sq. ft per unit or .0044 acres 494 sq. ft per unit or .0113 acres G, At the District's request, a developer of residential housing may make a cash payment in -lieu of dedicating land, or may make a cash payment in combination with a land dedication to comply with the standards of this Resolution. The formula to determine the cash -in -lieu payment is as follows: Market value of the land (per acre) * Land Dedication Standard * # of units = Cash -in -Lieu For example, for a property having a market value of $100,000 per acre and 1 single family unit on it, the payment would be: $100,000 * .0142 * 1 = $1,420 B. NOW, 'THEREFORE, THE BOARD OF EDUCATION OF ROARING FORK SCHOOL DISTRICT RE -1 RESOLVES as follows: 1. The Counties of Eagle, Garfield and Pitkin, Colorado; the City of Glenwood Springs, Colorado; and the Towns of Basalt and Carbondale, Colorado ("Entities") adopt a Land Dedication Standard as set forth in Part A of this Resolution. 2. The Entities require land dedication or a payment in lieu of Land dedication as requested by the District in response to specific subdivision requests as set forth in Parts A. 5 and 6 above from all residential land developers. 3. The provisions of this Resolution shall serve as the general criteria for the imposition of school fees to be required of all residential land developers as set forth in C.R.S. 30-28-101, et seq., as amended, with specific modifications or deviations herefrom to be made as the District responds to specific subdivision requests as required by statute. 4. This Resolution shall be amended periodically by the District to accurately reflect the student population and school land and building situation as it exists within the District. MAR -09-99 MON 05:04 PM ROARING FORK SCHOOL DIST FAX N0. 9709459240 P. 04 EXHIBIT A Roaring Fork School District Re -1 Capacity Acres Sopris Elementary 550 16,0 Glenwood Springs Elementary 775 10.2 Carbondale Elementary 500 6.2 Crystal River Elementary (when complete) 550 6,9 Basalt Elementary 750 5.8 Glenwood Middle School 675 15.3 Carbondale Middle School 380 8.3 Basalt Middle School 590 11.4 Glenwood Springs High School 750 15.0 Roaring Fork High School 600 26.3 Basalt High School 450 36.0 6,570 157.3 Total acres per student 0.02394 Total sq. feet per student 1042.8 STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 Mark Bean Garfield County Building and Planning 109 8th St Ste 303 Glenwood Springs CO 81601 tiAb 09199.. H.-. i' ',.L.i1 ootiarY March 5, 1998 Roy Romer Governor James S. Lochhead Executive Director Hal D. Simpson State Engineer Re: Ranch Creek in the Ranch at Roaring Fork, Preliminary Plan NW'/4 NE' Sec. 36, T7S, R88W, 6TH PM W. Division 5, W. District 38 Dear Mr. Bean: We have reviewed the above referenced proposal to subdivide a parcel of 6.34 acres into 25 lots, with one single family dwelling on each of 22 lots, a parking lot on lot 13, the Relay Station Bar and Restaurant on Parcel A, and a gardner's storage building on lot J11. The applicant proposes to provide water and sewer service through the Ranch at Roaring Fork Homeowners Association, Inc (the Association). An MOU between the applicants and the Association for water and sewer service was included in the submittal, as was a copy of an agreement for the Association to provide service to the commercial parcel (Parcel A). A deed granting one second foot of flow and 300 acre-feet per year to the Association was also provided. The basis for the estimated water requirements was not provided. The water rights information submitted did not reference decrees or well permits for the water rights, therefore the legal availability of the water supply cannot be determined. An analysis of the dependable yield of the water rights was not submitted, and the current obligations and the ability of the Association to deliver the necessary water was not fully addressed. Therefore, pursuant to Section 30-28-136(1)(h)(I), C.R.S., the State Engineer finds that the proposed water supply will cause material injury to decreed water rights and is inadequate. If you or the applicant has any questions concerning this matter, please contact Craig Lis of this office for assistance. Sincerely, Steve Lautenschlager Assistant State Engineer SPL/CML/Ranch Creek.doc cc: Orlyn Bell, Division Engineer Joe Bergquist, Water Commissioner, District 38 Roy Romer, Governor Patti Shwayder, Executive Director Dedicated to protecting and improving the health and environment of the people of Colora 4300 Cherry Creek Dr. S. Denver, Colorado 80246-1530 Phone (303) 692-2000 Located in Glendale, Colorado http://www.cdphe.state.co.us March 4, 1998 Laboratory and Radiation Services Division 8100 Lowly Blvd. Denver CO 80220-6928 (303) 692-3090 Mark Bean Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, Colorado 81601 RE: Ranch Creek PUD Proposal - Ranch at Roaring Fork Dear Mark: $4 AR 0 9 1998 cktotz. 4O CQ 4 oIorado Department of Public Health .,,..,iiantIEnvirotuuent Based on the referral from the County on the Ranch Creek PUD, we have one comment about the wastewater service. Our concern is that the Ranch at Roaring Fork Homeowners Association wastewater treatment facility is reaching hydraulic (flow) capacity. Expansion of that facility or the availability of a regional wastewater treatment facility should be assured before connecting the units proposed for both St. Finnbar and Ranch Creek. Using an average wastewater flow per single family unit of 300 gallons per day (gpd), consistent with the figures used by McLaughlin Engineers in the Ranch Creek report, the flow from St. Finnbar would be 4200 gallons (14 units) and Ranch Creek would be 6900 gallons. The discharge monitoring reports for the Ranch at Roaring Fork show an average flow of 39,000 gpd for January, 1997 and 43,000 gallons for September, 1996. Higher daily maximum flows occur in the spring season when there is sewer line infiltration/inflow. If 11,100 gallons is added to existing average flows, there will be flows in excess of the 50,000 gallon design capacity of the Homeowners Association facility. It is difficult to predict the timing for some or all of the new units to be constructed and connected to the sewer system. The Division would recommend that the County condition the approval of Ranch Creek PUD so that the additonal wastewater capacity is available from the Ranch at Roaring Fork or another treatment facility alternative before building permits are issued or occupancy is allowed. We are aware that the Ranch at Roaring Fork has plans to upgrade their facility in a timely way. Please contact Bill McKee at (303) 692-3583 or Dwain Watson at (970) 248-7156 if you have any questions. Thank You. Sincerely, David Holm, Director Water Quality Control Division cc: Michael Mortell - President, Ranch at Roaring Fork Homeowners Association Leroy Duroux - President, Mid -Valley Metropolitan District Dean Derosier - McLaughlin Water Engineers Dwain Watson - Water/Wastewater Technical Services, WQCD Grand Junction Affidavit of Public/Neighbor Notice Parcels 1 and 2B, Phase 11 Ranch at the Ranch at Roaring Fork Garfield County P.U.D. Application I hearby certify that I, David P. Brown, have : Preliminary Plat 4.8.98 Stryker/Brown Architects 300 S. Spring St, Aspen, Co. 81611 925-2254, fax: 925-2258 placed the Public Notice on the Ranch Creek site in the time period specified by Garfield County for the Preliminary Plat hearing April 8, 1998 before the Garfield County Planning and Zoning Commission, (refer to photos submitted), and Placed and ad in the newspaper of record as required, refer to attached Proof of Publication from the Glenwood Post, and mailed by certified mail, notice to all property owners within 300' of the proposed PUD/subdivision, refer to list attached. These were the owners listed of record at the Garfield County Accessor's office on March 17, 1998. .73i7A;S'Fis "z)/L April 8, 1998 page 1 of 1 • AMA ..i10 McLaughlin Water Engineers, Ltd. MEMORANDUM November 20, 1997 TO: Ranch at Roaring Fork Homeowners Association % Hardin Holmes FROM: RE: MWE, Chris Gulden, Ron McLaughlin Wastewater Treatment Plant Project Schedule The following schedule is furnished per your request_ This schedule is refined from that furnished in our Status Memorandum N2 1 dated October 22, and is based on the following assumptions: • The Association wants the new facilities to be in operation as soon as reasonably practicable. • Financing will be available when needed — and will not be in the critical path. • Construction in the flood plain, with flood protection, will be approved. • No 1041 Permit will be required by Garfield County. • No unusual Regulatory agency or neighbor opposition/delays. -4-- 2 tsta-f Critical Path -- Tasks: (cL,L? 1. Predesign - Site Application Submittal 2_ Site Application Approval 3. Final Design Phase 4. Advertise for Bids 5. Construction Complete December 20, 1997 March 20, 1998 February 1 to April 15, 1998 May 5, 1998 June 10 to December 31, 1998 Note: If delays in obtaining approvals are experienced, construction can probably be delayed on a month -for -month basis as.long as construction starts by about August 154; after that, it will likely be better to defer construction until the 1999 season. RCM:9;m/P:94.021.0021:WRMC-1 MAR-06-98,FRI 15:16. I'ICLAUGHLIN WATER ENG FAX NO, 9709251974 Ili APR-07-98 TUE 11:08 MCLAUGHLIN WATER ENG April 6, 1996 Mark Bean Garfield County Building and Planning 109 8t St_ Suite 303 Glenwood Springs, Co. 81601 FAX NO. 9709251974 P. 01 McLaughlin Water Engineers, Ltd. 210A Vencor Ave., Aspen, Colorado 81611 (970) 925-1920 FAX (970) 925-1974 RONALD C Mc .AUGHLIN LEO M. 21SEL HALPORD E ERICKSON WILUAM R. IQNDALL RALPH L. TOREN TERRBNCE P. KfpJYON RICHARD S McIAUGHUN GINE A. BURRILL MICHAEL a MERCER JOHN M. PP AUM MICHAEL. R. GALUZZI scorr.F LEHMAN BRIAN 5, KOLSTAD C. DEAN DMROSIER 1 am responding to the letter from Steve Lautenschlager, Assistant State Engineer EDWARD D.BAIN ater issues. I will respond to each of Mr. Lautenschlager's comments dated March 5, 1998 regarding the Ranch Creek Subdivision Proposal and his questionszABvIA involving zn separately. RE: Ranch Creek - state Engineer Comments on Water Rights - 9.6-.014.01P Dear Mark: 1. The basis for estimated water requirements was not provided: J. HAROLD Rp6ERT5 LEANDERL.URMY DANIEL M. PETRAMALA RONALD D. LUGERO There are currently 21 lots being proposed in the subdivision. Our basis for water use followed the following logic. A. 1 home per lot, B. 3 bedrooms per home, C. 2 people per bedroom, and d_ 100 gallon per day per person of use for an average day of water use. (allots X 3 brs X 2 peo X 100 gal = 12,600 gallons per day avg use). we use a peaking factor of 3.0 to determine peak flows for the new subdivision or 37,800 gallons per day of use for peak day. The projected use by the Ranch Creek Subdivision is 13.92 acre feet of use. The subdivision is planning on using the irrigation water rights.it has to install and use a separate irrigation system for all outside watering.. 2. The water rights information submitted did not reference decrees or well permits for the water rights for domestic use. Enclosed is the well permit and associated water rights for the Ranch at Roaring Fork Subdivision that is currently in use to provide water to the existing subdivision as, well as the proposed Ranch Creek Subdivision. Well Permit # 2448-F, dated November 26, 1979. You may also refer to Exhibit A for more information on the Water Rights owned by the Ranch at Roaring Fork and the Rights transferred to the Association by the Ranch Creek Subdivision. 3. Analysis of dependable yield of the water rights. Attached are the 1993 to 1996 and 1997 water use. records for the existing well and Ranch at Roaring Fork Subdivision. The well produces 400 gallons per minute to supply a 200,000 gallon water storage tank. The tank and the well are capable of providing 776,000 gallons of water during normal and peak water use periods_ Peak use by the existing subdivision is approximately 400,000 gallons per day. Water use by the existing Subdivision does not exceed the well use on any one day, even at peak usage periods. Peak use by the Proposed Ranch Creek Subdivision is 37,800 gallons. In our opinion, the well and tank have the capacity to provide the water to be used by the proposed Ranch Creek Subdivision. Please refer to Exhibit H, Letter by MWE dated October 16, 1997 fox more information on projected used of the proposed subdivision. DENVER, CO PHOEWD(Az g03) css-sem (602) 468.2141 COMPLETE EVc:INBBRWG SERVICES INT WATER RIGHTS AND RESOURCPS WATLR TREATMENT AND DISTKsu-noN SUOSURFACF. DRAINAGE IRRICAT7ON 1"UUNTAINS STORM DRAINAGE AND TLOOU Co!.'TROL WAST2WATEK COLLECTION TREATMENT AND REUSE FRB PROTBcnoN Wpm BASED RECREATION SYECCALTY HYDRAULIC, RATE STUDIFs AND UTILITIES ECONOMICS APR -07-98 TUE 11:09 MCLAUGHLIN WATER ENG FAX NO. 9709251974 P. 02 4. Current obligations and ability of Association to deliver the necessary water. Please refer to Exhibits A pages 1- 5 and Exhibit H for more information on obligations to be provided by the Homeowners Association and existing facilities. The existing system consists of a 400 gallon per minute well, 200,000 gallon storage tank, pump station, 8 and 6 -inch distribution main lines, fire hydrants, valves, and other appurtenances throughout the entire subdivision and surrounding the proposed subdivision. The Ranch at Roaring Fork subdivision consists of 143 units, approximately 133 of the units are on line as of this date, with the remaining 10 projected to be connected to the system over the next two to three years_ The Ranch creek subdivision will add 21 units to the system for a total of 164 units. Please review this information and determine if it provides the data required to complete this submittal. As you know Mr. Brown is appearing before the Board on Wednesday April 6, 1998, we would appreciate immediate response to this letter in order to collect any information that is missing prior to the meeting date. I am by fax sending a copy of this letter to Steve Lautenschlager, for him to review and comment on as well. Please call if you have any questions. 'Very ou Attachments CC: S -B Arch RRF - Michael L State - Steve L. APR -07-98 TUE 11 10 _0,4/02/98 THU 14:07 MRi-S•Rev_ 76 Application must be complete where applicable. Type or print in BLACK . INK, No overstrikes or erasures unless initialed. MCLAUGHLIN WATER ENG FAX NO, 9709251974 FAA 9709633370 Franklin Hallowell COLORADO DIVISION OF WATER RESO.URCESOW 818 Centennial Bldg., 1313 Sharman St., Deriver; Coloro'80203 • PERMIT APPLICATION FORM ( 1 A PERMIT TO USE GROUND WATER (, ) A PERMIT TO CONSTRUCT A WELL FOR: ( ) A PERMIT TO INSTALL A PUMP ( ) REPLACEMENT FOR NO ( )OTHER WATER COURT CASE NO (1) APPLICANT- mailing address le, sots,ri NAME JA,, -•A' 4244w,l.s ar' STREET y J CITY CA¢.-zb.:,-..L -.,g" 63' z (zID) TELEPHONE NO (State) (2) LOCA IONQF PROPOSED WELL County .41.-.e/ttr:...40 of the Y4 section --36. Twq. T 7 S� Rng_ 884LJ , N s) (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 4-00 G• f? i Average annual amount of ground wa to be appropriated (acre-feet): r'J Number of acres to be irrigated: Proposed total depth (feet): 60 Aquifer ground water is to be obtained from: Owner's well designation AROUND WATER TO BE USEDJOR: HOUSEHOLD USE ONLY • no irrigation (0) 1 DOMESTIC (1) ( ) INDUSTRIA(. (5) LIVESTOCK (2) ( ) RIGATION (6) !COMMERCIAL (4) (r. -I -MUNICIPAL (8) 1 OTHER (9) CET/Mt-THE USE ON BACK IN (11) (4) DRILLER Name Street Q.5`t Milo City /1 is a) Telephone No.gg-212/2• Lic. No &31-1' A:.5 —261.1 Z P. 03 OCT 0 3 1979 loam MIMI c 'ON. FOR OFFICE USE ONLY; DO NOT WRITE IN THIS COLUMN Receipt No ) / / 7 / Basin D. CONDITIONS OF APPROVAL This well shall be used in such a way as to 'cause no material injury to existing water rights. The issuance of the permit does not assure the applicant -- that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 1.) A DECREE FOR THIS APPROPRIATION MRE'T BE OB- TAINED FROM THE DISTRICT COURT IR AND FOR WAT]iR DIVISION NO. 5, STATE OF COLORADO. T. Ws APPROVAL -IS STTEJECT TO THS ISSUANCE OF SAID DECREE. 2) a. THE PUMPING RATE OF IVIS WELL SHALL BE LIMITED TO 400 GPM OR THE ACTr1AL YIELD OF TEE AQITER, WHICHEVER TS LESS. b AN AQUIFER TEST Cif SUFFICIENT LENGTH SHALL RUN TO DETERMINE THIS PUMPING RATE AND THE . RESULTS SHALL .BE FORWARDED TO THE DIVISION OF WArr kc RESOURCES. • - 3) a. THE Al I, AMOUNT OF GROUNDWAI44 TO BE APPROPRIATED FROM THIS. -WELT, MAIL BE LIMITED TC 80 AORE FEET .t.%11 YEAR. 4) A TOTALIZING FLOW METER MUST BE INSTALLED 01 THE WELL DISCHARGE WEEN miss WATER IS FUT TO B)r'NEFICIAL USE, DIVERSI01I RECORDS SHALL 8E SVB- 4I TTED, UPON REQUEST, TO TME DIVISIO:T OF -NATER RESOURCES. 5) THE WATER SUPPLY FROM THE liaisTIm SPRI1 SRALL BE AL•LOWEp TO FLOW TO THE NATURAL WATER- WAYS UNLESS DF REED FOR USE WIT= TRF; SUB- DIVISION. IF DECREED THE CASES NUMBER SHALL BE AP t1CCA ION A OV ioN OF WATER RESOURCES PERMIT NUMBER 244 83 - F DATE ISSUED ____NOV 2 6 197 EXPIRATION DA NOV 26 -198g ii T%W (STATE ENGI R) BY 1•0• £~ 3/ COUNTY APR -07-98 TUE 11 10 MCLAUGHLIN WATER ENG _Q4/02/98 THU 14:08 FAX 9709633370 tV )• 1 J. i , tr , !;',0 - FAX NO. 9709251974 Franklin Hallowell (5) THE 'LOCATION - »- HE PROPOSED WELL and the area on which the water wi be used trust be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. + — + 4_ , — + — 4- — -I•- -- --}- — - - -- `4 1 MILE, 5280 FEET-..—�yl f -4- + . f. + ' + + NORTH SECTION LIN I T ) 1 1 - + _. — _., .4_ —. .; 1 . 1 .� 4- - -1- - + - + - - - - -}- 4 The scala of the d(agram is 2 inches = 1 mile Each small square represents 40 acres, WATER EQUIVALENTS TALE (Rounocd Figures) An acre-foot cOvers 1 acre of land 1 foot deco 1 cubic foot per second lets) , , . 449 gallons per minute foam) A family of 5 wflf fecluire app+'oximataly 1 acre•Feoi of water por year, aero -foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gam oumood continuously for one day produces 4,42 acre-feet. (10) LAND ON WHICH GROUND WATER WILL RE USW: owner(s): Legal description: P. 04 1005 (6)THE WELL MUST BE LOCATED BELGW by distances from section lines. as -t, ft_ from nortn Or SOtr h) _goo ftfrom eegi.S`T LOT 9 SUSCivISION (eoet yr west) BLOCK FLING AP sec. line sec lire (7) TRACT ON WHICH WELL Wt[ L HE LOCATED Owe_________ No. of acres 370 _ Will this be the only well on this tract, (8) PROPOSED. CASING PROGRAM Plain Casing in. from 0 ft. to Z -v ft. in. from ft to ft Perforated casing in from 2 o ft:. to C o ft. in. from ft. to , (9) OR REPLACEMENT WELLS glvedistance and direction from old well and plans for plugging 4s'a L 7•.. No- of acres= (11) DETAILED DESCRIPTION of the use of ground water: Housrhold use and domestic wells must indicate type of disposal system to be Used. /.Zes] (12) OTkiER WATER galgithT§ used on this land, including wells, Give Registration and Water Court Case Numbers. Used for (purpose) Type or right Description of land on which used (13) THE APPLICANTS) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. PLIc arms) Use additional sheets of paper ;f more space is required. APR -07-98 TUE 11:11 MCLAUGHLIN WATER ENG FAX NO. 9709251974 • 04!02/98 THU 14:11 FAX 970963337o Franklin Hallowell RECEIVED MAR 9 0 1983 IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO Application No. 81Cw407 IN THE• MATTER OF THE APPLICATION FOR WATER RIGHTS OF ) RULING' RANCH AT ROARING FORK HQTIEOwNERS ASSOCIATION INC.) of IN THE ROARING FORK RIVER ) REFEREE IN GARFIELD COUNTY The above entitled application was filed on December 24, 1981, was amended on October 14, 1982, and was referred to the under- signed as Water Referee for Water Division No. 5, State of Colo- rado, by the Water Judge of said Court on the 14th day of January, 1982, and again, after amendment, on November 15, 1962, in accor- dance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, knowri as The dater Right Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the amended application are true and having become fully advised with respect to the subject matter. of the amended application does hereby make the following determination and ruling as the Referee in this matter, to -wit: 1. The statements in the amended application are true. 2. The name of the structure is Skinner Well No. 1. 3. The name of the claimant and address is: Ranch at Roaring Fork Homeowners Association, Inc.; 14913 Highway 82; Carbondale, Colorado. P. 05 FIL: iv.s; _ (: 5, C'. T.,,. 11':7 FED 2 81983 4. The source of the water is a well having a depth of 34 feet, and being tributary to the Roaring Fork River. 2010 APR -07-98 TUE 11:12 MCLAUGHLIN WATER ENG FAX NO. 9709251974 P.06 4. The source of the water is a well having a depth of 34 feet, and being tributary to the Roaring Fork River. 5. The well is located.in the SE4NE1/4 of Section 36, T. 7 S., R. $8 W. of the 6th P.M. at a point 1,850 feet South of the North line and 200 feet West of the East line of said Section 36. 6. The use of the water :is domestic and municipal. 7. The date of initiation of appropriation is May 5, 1980., 8. The amount of water claimed is 0.616 cubic foot of water per second of time, absolute. 1. APR -07-98 TUE 11 12 MCLAUGHLIN WATER ENG FAX N0. 9709251974 - • 04402/98 THU 14:12 FAX 9709633370 Franklin Hallowell 8XCW407 P. 07 9. On November 26, 1979, Permit No. 24488-F was issued by the Office of the State Engineer, subject to the following "condi- tions of approval": This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right ox pre- clude another owner of a vested water right from seeking relief in a civil court action. 1) A DECREE FOR THIS APPROPRIATION MUST BE OBTAINED FROM THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5, STATE OF COLORADO. • THIS APPROVAL Is SUBJ>;CT TO THE ISSUANCE OF SAID DECREE. 2) a.• THE PUMPING•RATE OF THIS WELL SHALL BE LIMITED TO 400 GPM OR THE ACTUAL YIELD OF ,THE AQUIFER, WHICHEVER IS LESS. b. AN AQUIFER TEST OF SUFFICIENT LENGTH SHALL BE RUN TO DETERMINE THIS PUMPING RATE AND THE RESULTS SHALL BE FORWARDED TO THE DIVISION OF WATER RESOURCES. 3) a. TI4E ANNUAL AMOUNT or GROUNDWATER TO BE APPROPRIATED FROM THIS WELL SHALL BE LIMIT- ED TO 80 ACRE-FEET PER YEAR. 4) A TOTALIZING BLOW METER MUST BE INSTALLED ON THE WELL DISCHHARGE WHEN THIS WATER IS PUT TO BENEFICIAL USE. DIVERSION RECORDS SHALL BE SUBMITTED, UPON REQUEST, TO THE DIVISION OF WATER RESOURCES. 5) THE WATER SUPPLY FROM THE EXISTING SPRING SHALL BE ALLOWED TO FLOW TO THE NATURAL WATER- WAYS UNLESS DECREED FOR USE WITHIN THE SUBDIVI- SION. IF DECREED, THE CASE NUMBER SHALT, BE FORWARDED TO TFIE DIVISION OF WATER RESOURCES. 10. The well was completed and the water was first diver€ed and applied to beneficial use on May 5, 1981. The Referee does therefore conclude that the above entitled application should be granted and that 0.616 Cubic foot of water per second of time is hereby awarded to Skinner Well No. 1, for domestic and municipal uses, with appropriation date of the 5th day o£ May, 1980, absolutely and unconditionally; subject, however, to all earlier priority rights of others and to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law, and further subject to oli APR -07-98 TUE 11 13 MCLAUGHLIN WATER ENG FAX NO. 9709251974 P,08 and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law, and further subject to the "conditions of approval" of the drilling permit as set forth in paragraph 9 above. It is accordingly ORDERED that this ruling shall be filed with the water Clerk and shall become effective upon such filing, subject to Judicial review pursuant to Section 37-92-304 CRS 1973. It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer APR -07-98 TUE 11:13 MCLAUGHLIN WATER ENG FAX NO, 9709251974 . 1.14iut/liii THU 14:12 FAX 9709633370 Franklin Hallowell 81CW407 P. 09 Done at the City of Glenwood Springs, Colorado, this ,d2re day of iir�ctgled�ie j/ , 19 45 BY THE R,EFEREE.: er Referee titer Division No. 5 State of Colorado. 0 012 APR -07-98 TUE 11:14 MCLAUGHLIN WATER ENG 04/02/98 THU 14:09 FAX 9709633370 Franklin Hallowell FAX NO. 9709251974 P. 10 Z007 W 4 f $ k msoYm c g< 47 g 13.1 sem=m A A w 0)) Q� N m .� pOo r -..J, ..l N0sSV$i V-4GO DI0o W C) N 1V N N 1U N N N N N .. .. -► �► -J O m m V O U) .A W N �. O m W V CA th .� W N. O C0 40 .4 C> Gn . •.) N W 0 4E co A V Cep N .46 r 01 s 19 -42 W 40 .4J A 0 0 0) 0 CDC.) D01 C/104 CCI1 W tC(0�m- A �0m Cb N y N J 00/0.4 -.404040 W v—. 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A A V V V V Go OV Ca {S49 .1VN�A A. -& W V 0) A N CC O W N a 0 CD 0) V_ 1b v m A A m co -4 V J W ��)1r (51W V W 4 R ti cA G1 N QQNp., .J A y�CT 40 - G1) n A -n Cn 40 (4 40 (.3 (4 m (1m1 C0 V' m 2'(0 40 40 CA W 40 CA -) -4 CA 05 VVVVC�1V 40 Id rAA004 W W VV 07.4 W 40 0 mr- :U 61 7 m. 114 c 5- C � m 1 0. g V7 po1 B C O o APR -07-98 TUE 11 14 MCLAUGHLIN WATER ENG . %4/ tic/ bts '!'HU 14:09 FAX 9709633370 FAX N0. 9709251974 Franklin Hallowell P.11 & o e . K. - a O c M K w * 3 N 3 Rf-Ery r `.� W 0 M m oI 0 V• A W N J CD .J +i ,4 CA v Q1 V O ..J ..... (i1 A W(O MN- O CO w w N`) CA CA 0 =!b--1VV N -a CO -.J V WW O C N J d. J J CJI w Cw co W e) m -.! CA A t) N w g bi w �1 0) C) d1 C) Om -.4042. CoN010)--, 0.w0-4 .� r .r al W 0) 0) 01 A w CO Oil3 C) 1 W o m o (s � CO C C Cb 0 N mo)01 ID CSf (fl w 47 O• w 1 C O c01 0i(..) GCA 4.)w W C.) C.) 0000 CA CA 0000.= 0CO0.m rL.-.44.1,00-4 ) �] d. tp CSI .� fD co c Ca ® o CJI } :' CNS N CC-�`,l� -.._ ;>. N N N O V O 0 : Via: 0N-..0 .. 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C0 q - Co Q7 V CQ) N 4.)(.04.--O. N ( N�1 N N - 4 t0 O m 0 CJt C0) C+) w 01 CA 3. A t•E N cl,�ry1_ t0 V s� .tie �jN1 N '' 4. N .il. w A 0 N �. :; I Cl Lr. ~ ..1 p� yC v 0 N N CO rzut 46 r co co N V to CC.) 0O O O W Ww W CJInTa cavil cavil w • CO yyv t90 co S o(0 A 0! N Orn 2 P -15.. 'S'y T ib cd g § g cavil w UOi CA 0 -1 C,4 ~W 0 0--...N r NI:A a CP m W. C/1 w 0) 4 .... ?, N N0 3 d v Pt .6 co APR -07-98 TUE 11:15 MCLAUGHLIN WATER ENG FAX NO. 9709251974 GALLONS PER DAY USE N) (..) CO 0 0 0 0 0 —0 —CD —0 —0 —0 0 o o 0 0 0 0 o 0 (L) 0 Q) COM. -- 4t7.07.M97 „7,2 eezeyei4, ea _rilTIMM2,7_,...,-tM2;;;Lzm 0.) 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