HomeMy WebLinkAbout1.0 Application2 2 1998
S TRYKER/B ROWN
ARCH I T E C T S, P C C '= 043
RANCH CREEK
in gine
anncln at Roaring Forik
PUD/ Subdivision
Application for Preliminary Plan Review
January 20, 1998
_300 SOUTH SPRING STREET, SUITE 300
A S P E N, COLORADO 8 1 6 1 1
970.925.2254 925.2258 (FAX)
Ranch Creek P.U.D. Preliminary Plan
Garfield County Subdivision Application
Parcels 1 and 2B, Phase II
Ranch at the Ranch at Roaring Fork
(Roaring Fork Ranch)
Mr. Mark Bean
Planner
Garfield County Planning Department
County Courthouse
Glenwood Springs, Colorado
Dear Mr. Bean:
Stryker/Brown Architects
300 S. Spring St., Aspen, Co. 81611
925-2254, fax: 925-2258
January 20, 1998
I am submitting this Preliminary Plan for Subdivision Approval for the Ranch Creek PUD/Subdivision.
Please process this application at your earliest convenience and please let me know the date of the P+Z
meeting scheduled to review this application. Also, please verify with me what public notice advertising/
neighbor mailings you require.
The following items are included with this application:
1. 20 copies of the Preliminary Plan Map (24"x 36"), dated 11.11.97
2. 7 copies of the Water -Sewer -Drainage Site Plan (24"x 36"), dated 10.97
4:60 LIST OF EXHIBITS and additional information required, 20 copies attached.
A. Proposed terms of reservations or dedications of sites for public and /or common facilities or use.
No such reservations are proposed within the Ranch Creek PUD Subdivision. However, extensive
common facilities are part of the Ranch -at -Roaring Fork PD Subdivision of which part of Ranch Creek is a
part and all of Ranch Creek was a part at the creation of the Ranch -at -Roaring Fork PD Subdivision. The
attached EXHIBIT A, is a Memorandum of Understanding and a copy of the final RANCH CREEK
AGREEMENT. It addresses common facilities of the Ranch -at Roaring Fork and the ability of all residents of
Ranch Creek to use them.
At the time of the PUD application, Lot 13 was anticipated to provide the 25% open space requirement.
Since Ranch Creek has access to the substantial "Open Space" created for the entire "ROARING FORK
RANCH PD", Lot 13 is no longer an "Open Space" parcel. However, Lot 13 will have 50 parking spaces and a
landscaped area as required as a condition to the PUD approval. However, because Lot 13 is no longer "open
space", the provision of a pedestrian easement between Lot 7 and Lot 13 no longer seems logical or necessary.
Please refer to Exhibit A-1, the Landscape and Parking Plan for Lot 13.
B . Proposed Phasing: none
C. RIGHT OF WAY ACCESS
The Preliminary Plan indicates all lots have access to either existing or planned public Right of Way.
D. Total (non-residential) off-street parking spaces:
50 on Lot 13, adjacent to the Relay Station. Lot 13 shall be conveyed to the Relay Station Owner, Phil Henke in
return for a lot line adjustment on the southwest edge of Parcel A, the Relay Station. Exhibit B is a copy of the
January 20, 1998 page 1 of 3
Ranch Creek P.U.D. Preliminary Plan
Garfield County Subdivision Application
Parcels 1 and 2B, Phase II
Ranch at the Ranch at Roaring Fork
(Roaring Fork Ranch)
RESOLUTION OF RELAY STATION PARKING
Parcel A) and Brown (for Ranch Creek).
E. Evidence that Soil and Topographic hazards have been identified:
The Preliminary Plan shows the line of the Riparian area along Blue Creek. Although not a hazard, it is
sensitive. The lot envelopes have been adjusted to assure structures stay out of the riparian area, on high
ground. The soils report, Exhibit 15 to the PUD application, showed gravel soils and no hazards on the
proposed ground to be developed. The use of the riparian zone, a fisherman's easement, is compatable with the
area.
Stryker/Brown Architects
300 S. Spring St., Aspen, Co. 81611
925-2254, fax: 925-2258
ISSUES/ LETTER OF AGREEMENT between Henke (for
F. Radiation hazards: None known or expected.
G. Title Committment for the property to be developed: Exhibit C attached.
H. Work sheet of Section to be subdivided: not applicable.
4:70 SUPPLEMENTAL INFORMATION: GEOLOGY, SOIL, VEGETATION, WILDLIFE
A. GEOLOGY:
B. SOILS:
C. VEGETATION:
D. WILDLIFE:
4:80 DRAINAGE PLAN:
Geotechnical Report: , Exhibit D, attached.
Soils Map, Exhibit E, attached.
Vegetation Map, Exhibit F, attached.
Letters from the Dept. of Wildlife, Exhibit G, attached
refer to 7 copies of "WATER -SEWER -DRAINAGE PLAN", 24" x 36" plan, and letter from McLaughlin Water
Engineers, Exhibit H, attached.
4:90 UTILITY PLAN:
refer to 7 copies of "WATER -SEWER -DRAINAGE PLAN", 24" x 36" plan, and letter from McLaughlin Water
Engineers, Exhibit H, attached.
Also, refer to Exhibit A, "The Ranch Creek Agreement" with the Ranch -at -Roaring Fork. It addresses
the acknowledgement of the Homeowners Association, (the "Water -Sewer District") that they will provide
water and sewer services to Ranch Creek.
Also, Exhibits 19 thru 23, first submitted with the rezoning/PUD application discuss water and sewer
services, water rights, and other information requested.
19. A Deed, dated July 12, 1973 recorded at Book 447,Page 140 and Book 449 Page
594, grants one second foot of flow and 300 acre feet per year to the Association in
exchange for water and sewer service
January 20, 1998 page 2 of 3
Ranch Creek P.U.D. Preliminary Plan
Garfield County Subdivision Application
Parcels 1 and 2B, Phase II Stryker/Brown Architects
Ranch at the Ranch at Roaring Fork 300 S. Spring St., Aspen, Co. 81611
(Roaring Fork Ranch) 925-2254, fax: 925-2258
"as required from time to time by Grantor, its successors and assigns, (Wix/Brown, Parcel
2B, and Tri -J, Parcel 1), for domestic, commercial, stock watering, and lawn irrigation on
approximately 9 acres of land known as the Commercial Parcel and on approximately 3
acres of land known as the Reserved Parcel."
20. The bills of sale for six of the 25 taps agreed to be sold from the Ranch at Roaring
Fork Utility District to the Tri -J Parcel (Parcel 1)
(1 tap paid on July 24, 1993, copy of letter of transmittal and check)(5 taps paid on July
19, 1973)
21. A Water and Sewer Service Agreement (for the Commercial Parcel, Parcel 2A and
2B) between the Ranch and Roaring Fork Homeowners Association and Stagecoach
Associates, Ltd. (Wix) was recorded at Book 695 page 891, dated January 1, 1981.
21A. It recites the terms and conditions of water and sewer service from the facilities of
the Association to the Commercial Parcel (Parcel 2B, Wix/Brown).
Water and Sewer Service Agreement, July 18, 1983, Book 630, Page 806.
22. On September 11, 1986, 80% of the water and sewer rights for the Commercial
Parcel were transferred from Phil Henke to Stagecoach Associates, Ltd. (Book 695 page
890)
(Wix/Brown, Parcel 2B). See Exhibit 21 Above.
23. The First Amendment Amended Declaration for Ranch at Roaring Fork (recorded
Book 551 page 429, Exhibit 14B), Article 10.5.c &d, Water and Sewer Service, calls for
the Ranch at Roaring Fork Homeowners Association to provide water and sewer service
to the Commercial Parcel. Original Declaration recorded Book 451, Page 79.
Most of the other requirements of the Board of County Commissioners have been addressed in Exhibit
A, "The Ranch Creek Agreement" with the Ranch -at -Roaring Fork. These items include provisions for road
access, open space access, tap and maintenance fees, maintenance, ownership of utilities and roads, relocation of
utility easements, minimum home sizes, design review, irrigation, and fisherman easements.
A single copy of a letter from the Carbondale Fire Marshal is attached. The letter addresses
acceptance of the preliminary plan road alignment (Exhibit I), and fire hydrant layout shown on the
"WATER -SEWER -DRAINAGE PLAN".
I hope this application is complete and fulfills the County requirements. If not, please let me know and
I will get you the information you require.
Sincerely,
.r"64(41
David
David P. Brown, AIA
January 20, 1998 page 3 of 3
Ali P.51T A
Memorandum of Understanding
The Ranch at Roaring Fork Homeowners Association and the Developers of
Ranch Creek Subdivision (Brown and Jenkins) have negotiated the attached
Ranch Creek/Ranch-at-Roaring Fork Agreement. The Homeowner's
Association has polled its members and they have agreed to the new agreement.
The agreement includes provisions for
* the Association to maintain Ranch Creek Roads.
* Ranch Creek to use the Ranch at Roaring Fork roads, open spaces and
recreational amenities.
* the Association to provide water and sewer services to Ranch Creek.
* Ranch Creek to pay the Association for maintenance of open space,
recreational amenities and roads, water and sewer services, tap fees, special
assessments, dues, and fees.
* Provisions for the construction, relocation and maintenance of extended
water and sewer services/lines.
* Provisions for setbacks including a 30' setback from water/creek edges.
* Acceptance of a minimum of 1400 sf home sizes.
* Provisions for Architectural design review of Ranch Creek homes, by the
Association
* Provisions covering the effect of incorporation of Ranch Creek
(the Wix/Brown parcel) into the Homeowners Association.
* Provisions for Fisherman's Easements, and irrigation.
-/9-797g
i
Ranch at Roaring Fork Homeowners / �ato
Ranch( reek SubdivXsion, J(ne J. Jenkins
7 R�
date
)au 1 I i (
Ranch Creek Subdivision, David P. Brown date
xNi Prf f"4 i/th7
Ranch Creek Agreement
(Ranch Creek Project/Ranch at Roaring Fork)
This Agreement is made as of this day of , 1998
among David P. Brown ("Brown"), 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, 81611, 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.
I General.
1.1 Parties and Properties. The Association is an association of
homeowners owning homes annexed into the Ranch at Roaring Fork project
("Ranch") located in Garfield County, Colorado. Brown has a contract to
purchase a 2.987 acre parcel ("Stagecoach Parcel") which is within the historical
boundaries of the Ranch but is not annexed into the Ranch. The Stagecoach Parcel
is part of the Commercial Parcel referred to in the Second Amended Declaration
goveming the Ranch and is currently zoned for commercial purposes. The
Stagecoach Parcel is owned by Stagecoach Associates, Ltd. ("Stagecoach"), 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 Stagecoach
Parcel and the Jenkins Parcel as the Ranch Creek PUD/Subdivision ("Ranch
Creek") containing 22 residential lots for detached, single family homes and up to
2 other Special Purpose Lots for limited, special uses as hereinafter provided in
Section 6.3.
1.2 Ranch Creek Map and Legal Description. A copy of the Preliminary
Site Plan for Ranch Creek, as revised July 22, 1997, ("Ranch Creek Map") which
is proposed under the PUD/Subdivision Application is attached as Exhibit A.
Legal descriptions of the Stagecoach Parcel and the Jenkins Parcel are attached as
Exhibit C. The Stagecoach Parcel is currently planned to contain 12 residential
lots and one Special Purpose Lot for parking and/or open space as shown on the
Ranch Creek Map. The Jenkins Parcel is currently planned to contain 10
residential lots and one Special Purpose Lot for a gardener's storage building as
shown on the Ranch Creek Map.
1.3 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 annexed into 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.
1.4 Appendix for Defined Terms. Certain terms used in this Agreement are
defined terms the definitions of which are in Appendix A to this Agreement.
1.5 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
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 and, provided the tap
fee is paid within the time set forth in Section 2.11 below, to and from any
Gardener's Storage Lot which may be created as a Special Purpose Lot within
Ranch Creek. 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 Use 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
Ex.A
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 Installation of Ranch Creek Water and Sewer Lines. 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
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 Lines. 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 Ownership of Lines and Facilities. The water distribution lines and
facilities and wastewater collection lines and facilities lines, (but not individual
e%.A
service lines and facilities serving a particular lot or home) 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 for Lines and Facilities. 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 home) 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.
2.8 Maintenance of Lines 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 Maintenance of Individual Service Lines. 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 and Regulations. 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 Tap Fees. Tap fees for water and sewer connections shall be payable
at the rate of $7,500 for each of the 22 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). In addition, a tap
fee in the amount of $2,500 shall be payable for any Special Purpose Lot which is
a Gardener's Storage Lot. This tap fee for the Gardner's Storage Lot shall permit
installation of a hose bib and bathroom in w�
ill gtdhereforestorage
be $120,building.
000. Thehe total
total
tap fees payable for the 22 residential lots
amount for tap fees for the 22 residential lots shforall be the Seweraid (a) P1an�Imp Ird at mprovement
went
time
the Association lets the construction co
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. The tap fee for
the Gardener's Storage Lot shall be paid no later than the time a building permit
is issued for the gardener's storage building to be installed on the lot but, if not
paid by December 31, 1999, the right to taps for water and sewer service to the
Gardener's Storage Lot shall be lost. 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 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. 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 Formation of Special District. 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.
3—.
III Use of Ranch Common Area and Facilities.
3.1 Possible Existing Rights of Ranch Creek Owners. 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 Use Common Area and Facilities. Owners of lots in Ranch
X. A
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 owners of the Special Purpose Lots. As with owners of lots in the Ranch,
the rights of use shall be subject to provisions in the Second Amended Declaration
and to rules and regulations adopted by the Association. The rights of use shall be
conditioned on payment of assessments to the Association by owners of lots in the
Jenkins Parcel as required under the Second Amended Declaration and on
payment by owners of lots in the Stagecoach Parcel of Service Charges as
provided elsewhere in this Agreement.
IV Road Maintenance.
4.1 Agreement to Maintain Roads. 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 Internal 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
7'
EX. A
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.
V Service Charges and Assessments.
5.1 Service Charges Payable by Stagecoach Parcel. 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. No assessments or Service Charges shall be payable for the Special
Purpose Lots, the use of which is restricted as hereinafter provided.
5.2 Amount of Regular Service Charges. 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
a.
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
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 Required 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 lots which will be subject to
payment of regular or special Service Charges for the special cost center.
5.5 Effect of Tap Fee Payment on Service Charges and Assessments. 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 the Service Charges are 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 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.
5.6 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
EX A-
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.
5.7 Lien for Service Charges. 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.
5.8 Commencement and Notices of Service Charges and Assessments.
Service Charges for all 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. 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.
/0.
X./A
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 Ranch Creek Dwelling Unit Densities. Uses, Etc. The total number of
dwelling units permitted on Ranch Creek shall not exceed 22, each located on a
separate residential lot. Use of all lots, except the Special Purpose Lots, 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.
6.3 Special Purpose Lots. In addition to 22 residential lots, up to 2
additional lots may be created as "Special Purpose Lots". One such Special
Purpose Lot (the "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 other
Special Purpose Lot (the "Gardener's Storage Lot") shall be limited to use only
for a gardener's storage building, installed only after architectural approval by
the Association, for storage of equipment used for lawn, landscaping and
property maintenance within Ranch Creek. The storage building on the
Gardener's Storage Lot may contain a bathroom but shall not contain any kitchen
or bedroom or other space for residential living purposes. The Special Purpose
Lots shall be kept in a neat and tidy condition at all times.
6.4 No Change in PUD/Subdivision Application. Ranch Creek shall be
/1
X.
developed substantially in accordance with the Ranch Creek PUD/Subdivision
Application as amended as of July 22, 1997. No significant change shall be made
in the PUD/Subdivision Application as so amended without the written approval
of the Association which approval shall not be unreasonably withheld.
6.5 Architectural Approval. 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 Covenants. 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.
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 Fisherman's Easement. 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 and Easements. The Association and members of the
/2
Ex.4
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 for Lawn Irrigation. 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.
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 $120,000 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 Conditions Precedent to Ranch Creek Obligations. 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").
/ 3.
EX.4
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 govemmental 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 (f)
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").
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 3/15/98
Adequate Funds Condition 7/1/98
Government Approval Condition 7/1/98
Sewer Plant Permit Renewal Condition 7/1/98
Well Permit Amendment Condition 7/1/98
Subdivision Approval Condition 9/1/98
Stagecoach Closing Condition 9/1/98
Sewer Plant Completion Condition 12/1/99
No Association Breach Condition 12/1/99
No Ranch Creek Breach Condition 12/1/99
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,
1it
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 Failure of Conditions. 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
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 Effect of This Agreement on Commercial Parcel Water and Sewer
Service Agreement. When all of the foregoing conditions have been satisfied (or
waived), the Commercial Parcel Water and Sewer Service Agreement shall no
/5-4
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 Effect of This Agreement on Jenkins Parcel Agreement. 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, most 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.
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 Liability. 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
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 Costs of Legal Proceedings. In the event of legal proceedings under or
in connection with this Agreement, the prevailing party shall 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. All 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
/7,
ex A
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
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 compliance 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.
8.11 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 Headings and Captions for Convenience. The headings and captions
used in this Agreement are for convenience only and shall not be considered 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
EX A-
Association, Inc.
President
State of Colorado )
) ss.
County of Garfield )
David P. Brown
Jane J. Jenkins
The foregoing instrument was acknowledged before me this day of
, 1998, by , as
President of Ranch at Roaring Fork Homeowners Association,
not-for-profit corporation.
Witness my hand and official seal.
My Commission Expires
State of Colorado
County of Eagle
Inc., a Colorado
Notary Public
The foregoing instrument was acknowledged before me this day of
, 1998, by David P. Brown.
Witness my hand and official seal.
My Commission Expires
State of Colorado
)
) ss.
County of Pitkin )
Notary Public
The foregoing instrument was acknowledged before me this day of
, 1998, by Jane J. Jenkins.
Witness my hand and official seal.
My Commission Expires
Notary Public
o
Appendix A
Defined Terms.
Adequate Funds Condition. 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 Parcel. See Section 1.1.
Commercial Parcel Water and Sewer Service Agreement. 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 , 19 in 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. If there a
Consulting Engineer has not been selected for a particular matter, the Ranch
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.
Developer Water and Sewer Line Repair Obligation. See Section 2.4.
Financing Condition. See Section 7.1 (a).
Force Majeure. See Section 7.5.
Fully Exempt Lots. See Section 5.5.
Gardener's Storage Lot. See Sections 2.11 and 6.3.
Garfield County 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 Approval Condition. See Section 7.3 (d)
Interim Service. See Section 2.13
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).
No Ranch Creek Breach Condition. See Section 7.1 (d).
Owner Approval Condition. See Section 7.1 (b).
4X A-
Parking and Open Space Lot. See Section 6.3.
Partially Exempt Lots. See Section 5.5.
PUD Approval Condition. See Section 7.3 (a).
PUD/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 Declaration. 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 5.4.
Sewer Plant Completion Condition. See Section 7.2(a).
Sewer Plant Improvement Project. 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.
Sewer Plant Permit Renewal Condition. See Section 7.3 (e).
Single Housekeeping Unit. See Section 6.6.
Ex. A-
Special Purpose Lots. See Section 6.3.
Stagecoach. See Section 1.1.
Stagecoach Parcel. See Section 1.1.
Stagecoach Parcel Closing Condition. See Section 7.3 (c).
Subdivision Approval Condition. See Section 7.3 (b).
Target Dates. See Section 7.4.
Water Deed. See Section 2.2.
Well Permit Amendment Condition. See Section 7.3 (0
ESC.A
AUL It. 1/ 4:ii M :.K:nt. / ::Uvr;v
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25//1(%l
x'b. i�. I ! 4.,)yrM D:RIAER / D UIN
EXHIBIT 6
SCHEDULE OF LOT SIZES r l
RANCH CREEK PUD/Subdivision A • • licatiort I
Exhibit 6
Revised June 22, 1997 ;Ranch Creek Drive ROW not included in lot sites south wast side
1 Lot sizes reflect lot line adjust with Parcel
1
Side Rear 1 Nobs
Setback
No, 541 r. 4/1C
from:OFFICE / MKTNG
steel 28 I
sf
i 1
single
famil
10' i0' 30' setback from creek edge,10' on east at Lot 2
i south side setback is north edge of sewer easement
93664f 1
10' 47
S5'
15' 10' 59'
15' 10' 63'
645 if sirgie fad' 115' 1.0'
8 6783 sf . family 115' 10'
9 1 6092 if s ' family 115' '10' 120'
10 ! 76901 If 0' 20'
10' 20' south 125 on both street fronts
10' 20' south j25' ort both street fronts
10' 20' Parking permitted ort Lot per Final ?la
68'
sf : faa�ill
J2 11094
J3 10219 sf single family 20' 110' 50'
J4 12693 sf single family 120' 110' ISO'
15 1 19497 ,sf
sing. family 125 110' 130' 1
J6 70151sf stn. family 115 110' `20'
J7 470713f single y �20
sf , single family
10
10'
family 113' 110'
49701sf'single family 115 110' 20'
62741 sf 1 single family 125 110' 1:20' ` - -
59551sf laingk family 125 X10' 120'
33651sf 1Park/Parking 125' 10' 10' 1Comaton Landscape Equipment storage shed
I I 125' setback on Stagecoach Lane only
I
Js
J9
J10
111
NOTES:
1125' Height Limit all buildings
21 RE: 4.00.04 all uses are residential Conditional use is home occupations with no employees.
31 Maximum numbs: of Dwelling Units: 22 Single Family
ax -herr 3
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.
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PHILLIP P. HENKE
0275 Thomas Road
Carbondale, CO 81623
July 3, 1997
LETTER OF AGREEMENT
David Philip Brown
Stryker/Brown Architects, P.C.
300 South Spring Street, Suite 300
Aspen, CO 81611
Re: Resolution of Parking Agreement as Between Parcel A ("Relay Station Parcel") and Parcel B
("Ranch Creek PUD")
RECITALS:
A. Phillip Henke ("Henke") is the owner of Parcel A, the Relay Station Parcel, occupied by the
Relay Station Bar and Restaurant.
B. David Brown ("Brown") is the contract purchaser of the Ranch Creek PUD, proposed to be
subdivided into 22 single family residential units.
C. The Ranch Creek PUD is encumbered by a Parking Agreement for the benefit of Parcel A,
recorded in Book 695 at Page 888 of the records of Garfield County, Colorado. ("Parking
Agreement").
D. Stagecoach Associates, Ltd. is the fee simple owner of the Ranch Creek PUD and has
disputed the validity of the Parking Agreement.
E. Henke has sued Stagecoach, requesting an order of the Garfield County District Court
finding that the Parking Agreement is in full force and effect. That matter is pending as Civil
Action No. 97CV4-C, (the "Litigation").
David Philip Brown
Stryker/Brown Architects, P.C.
July 3, 1997
Page 2
F. In the event that Brown shall close the purchase of Ranch Creek PUD, Henke and Brown
wish to agree on a resolution on the Litigation, terminate the Parking Agreement, and provide
Henke with adequate parking for the Relay Station Parcel.
G. Brown desires, if he shall purchase the Ranch Creek PUD, certain assurances that the
residents of the Ranch Creek Parcel shall quietly enjoy their property and the Parking
Agreement shall no longer encumber the Ranch Creek PUD.
Based upon the foregoing statement of facts, the parties hereto, Henke and Brown, agree as follows:
1. Upon approval of the Ranch Creek PUD by Garfield County, and conditioned thereon, and
further conditioned on Brown purchasing the Ranch Creek PUD, Brown agrees to convey
in fee simple to Henke what is shown as Lot 13 on Exhibit C attached hereto, which said
Exhibit A consists of a parcel of land 11,884 square feet, more or less, in size.
2. Lot 13 shall be deed restricted for use by Henke solely for parking by the owner occupants,
invitees and customers of the Relay Station Parcel; provided, however, that Henke may at
his option and discretion grade, landscape, light and do other things which are consistent
with the use of Lot 13 as a parking area. Lighting shall be screened so as not to be directly
visible and intrusive on the occupants of Ranch Creek PUD. References on the Final Plat
of Ranch Creek to "common area" shall be deleted, and appropriate labeling shall be made
to state the purpose of Lot 13.
3. Henke agrees to convey and or dedicate as requested by Brown, 1,368 square feet of
property, more or less, presently constituting a portion of the Relay Station Parcel lying along
the westerly boundary thereof, the same to be used as a part of the access right of way to the
Ranch Creek. PUD. Henke shall, however, have the right to use the access road of the Ranch
Creek PUD for unobstructed access to the Relay Station PUD.
4. Henke agrees to deed restrict the Relay Station Parcel with the following covenants of a
permanent nature which shall run with Parcel A and be a burden thereon:
a. No music, live or recorded, shall be permitted to be played on the Relay
Station Parcel outside of any building on the Relay Station Parcel, intended
to be entertainment for the customers, invitees and guests of business
operations on the Relay Station Parcel or to attract customers to the Relay
Station Parcel.
b. No open windows shall be permitted facing Ranch Creek Subdivision PUD
at such time as music shall be played within any of the buildings on the Relay
Station Parcel.
c
David Philip Brown
Stryker/Brown Architects, P.C.
July 3, 1997
Page 3
c. The Relay Station Parcel shall be required to have solidly screened trash
areas, so that no trash shall be visible from Ranch Creek Subdivision PUD,
the same to be installed and maintained by the owner of the Relay Station
Parcel. Screening shall be to a height of five (5) feet and may be covered.
If the windows of the bar and restaurant on the Relay Station parcel are
replaced, the same will be replaced with insulated glass or storm windows.
5. Contemporaneously with the conveyance of Lot 13 to Henke, the conveyance or dedication
of the portion of the Relay Station Parcel to be used as part of the access road way to Ranch
Creek PUD, Henke agrees to irrevocably, fully and completely release the Parking Easement
so that the same shall thereafter have no affect on the Ranch Creek PUD, and shall dismiss
with prejudice the Litigation.
6. The conveyances proposed to be made by the parties shall be by general warranty deed, free
and clear of all liens and encumbrances, subject to those matters other than monetary liens
which affect the title to those respective properties as shall be acceptable to legal counsel for
the respective parties, in such form as shall be reasonably acceptable to counsel for Henke
and Brown.
7. This Letter Agreement is founded on good and valuable consideration. The receipt and
sufficiency of which is hereby acknowledged. The Letter Agreement shall be binding on the
parties hereto, their respective heirs, successor and assigns.
APPROVED AND ACCEPTED this
David Brown
C:1DATA1C6ents HENKElt.&own 6-17-97.wpd
Very truly yours,
day of July, 1997:
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
FILE NO. 9601014
1. Effective Date: 21ST day of DECEMBER 1995, at 7:59 A.M.
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:
STAGECOACH ASSOCIATES, LTD., A COLORADO LIMITED PARTNERSHIP
4. The land referred to in this Commitment is situated in the County of Garfield,
State of Colorado, and described as follows:
PARCEL B
REDIVISION OF PARCEL 2, PRASE II
TOWN CENTER AND D UNITS
OF RANCH AT ROARING FORK FINAL PLAT
ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 29, 1986
AS RECEPTION NO. 374870
COUNTERSIGNED:
TITLE CHARGES
OWNER'S POLICY $TBD
Authorized Officer or Agent
Valid Only if Schedule B and Cover Are Attached cjd
ISSUING AGENT: Commonwealth Title Company
127 East 5th Street P. 0. Box 352
Rifle, Colorado 81650
American Land Title Association Commitment
Schedule A
(Rev'd 6-86)
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FILE NO. 9601014
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 Dead from Stagecoach Associates, Ltd., a Colorado
Limited Partnership, vesting fee simple title in a purchaser
to be determined.
2. Pay the full connider.ation to,
Mortgagors.
3. Pay all taxes, charges, assessments,
premises, which are due and payable.
4. Satisfactory evidence should be
alterations thereto are completed;
materialmen are all paid; and have
intent to perfect a lien for labor
or for the account of, the Grantors or
had
that
releas
levied and assessed against subject
that improvements and/or repairs
contractor, sub -contractor, Labor and
or notice of
e
of
or material.
record
all liens
5. Release of record by the Public Trustee of the Deed of Trust
from Phillip D. Henke for the use of Central Bank of Aspen
showing an original amount of $103,482.76, dated June 15, 1988
and recorded June 29, 1988 in Book 736 at Page 833.
*****THE COMPANY RESERVES THE RIGHT TO MAKE ADDITIONAL
REQUIREMENTS ANI)/OR EXCEPTIONS WHEN THE DETAILS OF THIS
TRANSACTION ARE KNOWN
NM 6
American Land Title Association Commitment
Schedule 8 - Section 1 - Form 1004-5
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FILE NO. 9601014
SCHEDULE B -RECTION 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, and 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 materiel heretofore or hereafter furnished, imposed by law
and not shown 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 :nay 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 authorized 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.
9. Right of way for a sewer collection line as described in deed
recorded July 12, 1973 in Book 447 at Page 140.
10. Water line easement conveyed to the Ranch at Roaring Fork Homeowners
Association as described in instrument recorded February 8, 1978 in
Book 505 at Page 930.
continued on page 2
NOTE: EXCEPTION(S) 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 8 - Section 2, the following items:
(1) The Deed of Trust, if any, required under Schedule 8 - Section I, Items (b).(2) Unpatented mining claims;
reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and ell unpaid taxes,
assessments and unredeemed tax sales.
American lend Title Association Commitment
Schedule B - Section 2
Form 1004-12
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FILE NO. 9601014
SCHEDULE B - SECTION 2
CONTINUED
11. Terms and conditions of water and sewer service agreement as
referred to in assignments recorded July 18, 1983 in Book 630 at
Page 806 and September 29, 1986 in Book 695 at Page 890.
12. Terms and conditions of parking agreement, right of way and
non-competitive provision recorded September 29, 1986 in Book 695 at
Page 888.
13. Terms a8datoPage424 regarding the encroachment ofabarn into ileJl�3the
in
Book 868 q
subject property.
14. Easements and rights
Redivision of Parcel
at Roaring Fork Fina
of way as shown on the recorded plat of
2, Phase II, Town Center and D Units, of
1 Plat.
(page 2)
Ranch
x. c
FILE NO. 9601014
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. Information 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.
- ><•1-1 rr 2
April 26, 1996
Stryker/Brown Architects
300 South Spring Street
Suite #300
Aspen, CO 81611
Attention: Mr. David Brown, AIA, Principle
Subject: Preliminary Geotechnical Investigation
Parcels 1 & 2B
Ranch at Roaring Fork
Garfield County, Colorado
Job No. GS -1791
Introduction
This report presents the results of our Preliminary Geotechnical Investigation
of Parcels 1 & 2B at the Ranch at Roaring Fork in Garfield County, Colorado. The
purpose of our investigation was to evaluate the sites suitability for residential
development from a geotechnical perspective. We have developed preliminary
opinions of the appropriate foundation system for soil conditions found at the site.
The report discusses subsurface conditions and presents our recommendations for
site development.
The criteria presented in this report were developed considering conditions
disclosed by widely spaced test pits, results of laboratory tests and our experience.
Recommendations were developed based upon our understanding of the planned
construction and site development. Revisions in the scope of the project could
influence our recommendations. Site specific, design -level geotechnical
investigations are recommended to provide specific foundation design criteria for
individual residences.
Site Conditions
The Ranch at Roaring Fork is located south of Highway 82, between the
highway and the Roaring Fork River, approximately 2.5 miles east of Carbondale.
The majority of the development has been built out with a golf course and single and
multi -family residential buildings. Commercial buildings exist on some Tots adjacent
to Highway 82. Several small ponds and streams are throughout the development.
The majority of the project is on alluvial terrace which has resulted in a ground
surface that is comparatively flat.
Parcel 1 and 2B are bordered by the Highway 82 frontage road, Colorado
CTL/THOMPSON, INC.
CONSULTING ENGINEERS
234 CENTER DRIVE • GLENWOOD SPRINGS, COLORADO 81601 • (970) 945-2809
Department of Transportation (CDOT) Right of Way and Stagecoach Lane to the
north, Stagecoach Drive to the west, and a comparatively steep slope to a lower
bench which terminates at the Roaring Fork River to the south. Parcel 1 (aka
Jenkins Parcel) is approximately 2.6 acres. Lot 2B is approximately 3.1 acres.
Parcel 2A (not part of this report) is landlocked by parcel 2B. The ground surface
at the subject properties is relatively flat with a slight slope ( less than 5 percent)
toward the steeper slope dropping down to the Roaring Fork River. The ground
surface is covered with native grasses and weeds. Two residential buildings and an
existing barn occupy the site.
Proposed Development
Development plans are preliminary at this writing. Parcel 1 may be developed
for approximately 12 single family lots. Parcel 2B may be developed for
approximately 12 to 16 single family Tots. The lots will be accessed by paved roads
and utility services will be provided. We anticipate earthwork will be limited to road
and drive construction, installation of utilities and excavation for residence
foundations. Overlot grading of the property is not anticipated. Existing structures
will be razed.
We have assumed the residential buildings will be one or two -stories tall,
wood frame buildings, with attached garages. We understand it is desirable to offer
full basements as an option. Foundation loads we assumed for our analysis were
between 1000 and 3000 pounds per lineal foot on continuous footings and maximum
interior column loads of 10 kips. We should be informed of actual construction to
judge if what is to be built is different than described above.
Subsurface Conditions
Subsurface conditions were investigated by excavating four (4) test pits at the
approximate locations shown on Figure 1. Our field manager was present during
excavation to log soils found in test pits and obtain samples. Logs of test pits are
presented on Figure 2. In the test pit excavations we found one foot of soft, moist,
organic sandy clays underlain by dense to very dense, moist, sandy to clayey
gravels with cobbles and boulders. A two foot thick layer of soft, very moist, sandy
clay was found below the organic soils, above the gravels at our TP -1 location. The
gravels are on excellent soil on which to found buildings and build roads. The
gravels are capable of bearing comparatively high foundation Toads with small
settlements.
Site Development
In our opinion the site can be developed for single family homes. We found
no geotechnical conditions to preclude construction.
The property will generally remain in its natural state. No overlot grading
operations are planned. Earthwork will involve road building and installation of
utilities. Finished excavation slopes should not exceed 2:1 (horizontal to vertical).
We should review grading plans when available to provide geotechnical input.
STRYKER/BROWN ARCHITECTS
JOB NO. GS -1791
2 ex.
Where roads are to be built and fill is required to achieve subgrade elevation, all
topsoil and vegetation should be stripped prior to fill placement. Topsoil depths of
8 to 10 inches can be used for estimating purposes. The subgrade in all fill areas
below buildings, roads or other structures should be moisture conditioned to within
2 percent of optimum moisture content and compacted to at least 95 percent of
maximum standard Proctor dry density (ASTM D 698). Subsequent fill should be
placed in loose lifts not exceeding 8 inches in thickness, moisture conditioned to
within 2 percent of optimum moisture content and compacted to at least 95 percent
of maximum standard Proctor dry density. The placement and compaction of fill
should be observed and tested by a representative of our firm during construction.
The performance of roads is influenced by utility trench backfill conditions.
We recommend all utility trench backfill be placed in thin loose lifts, moisture
conditioned to within 2 percent of optimum moisture content and compacted to at
least 95 percent of maximum standard Proctor dry density (ASTM D 698).
We believe the gravels are Type C as described in the October, 1989
Occupation Safety and Health Administration (OSHA) Standards published by the
Department of Labor governing excavations. The publication indicates a maximum
temporary slope of 1.5:1 (horizontal to vertical) for Type C soils above the water
table. We should view the excavation to confirm that soils are as anticipated.
Foundation and Pavement Concepts
At foundation depths we anticipate dense to very dense, sandy to clayey
gravels with cobbles and boulders. The gravels are on excellent soil on which to
bear foundations. We anticipate footings supported by the natural gravels can be
designed with allowable bearing pressures in the range of 3000 to 5000 psf,
depending upon the siting of the individual building. Full depth basement floor
elevations would likely be below groundwater elevations that occur shortly after
peak snowmelt. At this writing, we recommend that full basements not be built. Final
determination of basement feasibility can be made as part of site specific design
level investigations. Precautions such as drains below the floors connected to a
foundation drain around the perimeter of the building will likely be needed where
basements are feasible. The drains would need to discharge to a sump where the
water collected could be pumped or to a daylight point. Additional measures to
prevent water (both vapor and liquid) seepage into basements may also be needed.
Slab -on grade floors placed on the natural gravels should perform
satisfactorily. A leveling course of clean sand or washed fine gravel will be needed
to achieve a flat surface on which to pour concrete slabs and to break the possible
raise of water via capillary action.
The gravels are on excellent subgrade soil and soil to build road embankment
fills with. The gravels used as fill should have a maximum particle diameter of
approximately 4 inches. We anticipate recommended pavement sections of
approximately 5 inches of full depth asphalt or 3 inches of asphalt above 6 inches
of aggregate base.
STRYKER/BROWN ARCHITECTS
JOB NO. GS -1791
Surface Drainage
The performance of roads, foundations and concrete flatwork is influenced
by moisture conditions in the subsoils. Surface drainage is important at this site.
During development of site plans we recommend providing drainage around and
away from buildings, roads and other structures. More detailed surface drainage
recommendations will be provided in the design level, site specific investigations.
Limitations
The discussion and preliminary design criteria presented in this report were
developed based upon widely spaced test pits and are intended for preliminary
planning purposes only. Variations in subsoil conditions not indicated by our test
holes should be expected. Additional investigations will need to be performed to
develop design and construction criteria for building foundations on a site specific
basis. The placement and compaction of road embankment fill and utility trench
backfill should be observed and tested during construction by a representative of
our firm. We should review grading plans to provide geotechnical input when they
are available.
If we can be of further service in discussing the contents of this report or in
the analysis of the proposed site development from a geotechnical view point,
please call.
We appreciate the opportunity to work with you on this project. Please call
if you have questions.
Very truly yours,
c
•
ling,
nch Manage
JM:Ip
(5 copies sent)
STRYKERBROWN ARCHITECTS
JOB NO. GS -1791
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Scale 1"= 100'
LOCATIONS OF TEST PITS
Job No. GS -1791
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SUMMARY LOGS OF TEST PITS
Job No. GS -1791
SIEVE ANALYSIS 1
U.S STANDARD SERIES CLEAR SQUARE OPENINGS
1MIN '200 '100 '50'40'30_ '16 '10'8 '4 318' 3/4' 1Yi' 3' 5'6 U
-10
ISI
HYDROMETER ANALYSIS
25 HR 7 HR
45 MN. 15 MN
100
80
70
60 I-
50
20
10: -
001
T%ME READINGS
60 MN. 19 MN. 4 MN
� I
{
i4
1
1 a- .7'1" __i ..-1,•
- --1 -' - y__ ; .:- X90
-1---,IIT-.1-----11___ '1... 1 }I 1 1 •, a1. . I_ ___i_ -in SII_ --1 1 1 7 it L 4 1..k _ li .1.-113Fi:_24..___1100
.005 .009 .019 .037 .074 .149 .297 .590 1.19 2.0 2.38 4.76 9.52 19.1 36.1 76.2 127 200
0.42 152
DIAMETER OF PARTICLE IN MIWMETERS
SAND GRAVEL
MEDIUM COARSE NNE COARSE COBBLES
-20
-470
CLAY (PLASTIC) TO SILT (NON -PLASTIC)
FINE
Sample of GRAVEL, SILTY, CLAYEY WITH COBBLES (CL AvE 54 % SAND 17
From TP -1 AT 4 TO 6 FEET SILT & CLAY 29 % UQUID UMIT %
PLASTICITY INDEX
25 HR. 7 HR
45 MN. 15 MN.
100;.
90 — -
HYDROMETER ANALYSIS
TIME READINGS
60 MIN. 19 MN 4 MN. 1 MN. '200_
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a I
50 - —___ ..y.. _ _
— -.-
1._____4.__7__I.
-
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30 1- .__7_ -I -
1
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I 1 s 1 ,- j = r
0' r 11.1::1 . 1: 1._111. 1 i::1.i. 1 f
.001 .002 .005 .009 .019 .037 .074 149 .297 .590 1.19 2.0 2.38
0.42
DIAMETER OF PARTICLE IN MIWMETERS
SAND
FINE 1 MEDIUM 1 COARSE 1 FINE
SIEVE ANALYSIS
US. STANDARD SERIES CLEAR SQUARE OPENINGS
'100 '50 40'30 '16 '10 8...______:,4 3/8 3/4' 1Y2 — 3 __ 5' 80
-1----{:i ii s I :_ a
-- F l.; 10
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CLAY IPLASTC) TO SILT (NON-PLASTC)
_i .--: --H------ } ..i_ 90
1 It 1 1 1 . it ..11_.._.1..11-.1 . 1 ILIA _ .:. _ j 10o
4.76 9.52 19.1 36.1 762 127 200
152
Sample of GRAVEL , SANDY , WITH COBBLES (GP )
From TP -3 AT 5 TO 6 FEET
JOB NO. GS -1791
GRAVEL
COARSE 1 COBBLES
GRAVEL 71 % SAND 20
SILT & CLAY 9 % UQUID LIMIT %
PLASTICITY INDEX
Gradation
Test Results
FIG. 3
APPENDIX A
SITE GRADING SPECIFICATIONS
STRYKER/BROWN ARCHITECTS
JOB P40. GS -1791
SITE GRADING SPECIFICATIONS
PARCELS 1 AND 2B
RANCH AT ROARING FORK
GARFIELD COUNTY, COLORADO
1. DESCRIPTION
This item shall consist of the excavation, transportation, placement
and compaction of material from locations indicated on the plans, or staked
by the Engineer, as necessary to achieve preliminary street and overlot
elevations. These specifications shall also apply to compaction of excess cut
materials that may be placed outside of the site boundaries.
2. GENERAL
The Soils Engineer shall approve fill materials, method of placement,
moisture contents and percent compaction, and shall give written approval
of the completed fill. A representative of the Soils Engineer shall observe fill
placement and check compaction and moisture during placement.
3. CLEARING JOB SITE
The Contractor shall remove all trees, brush and rubbish before
excavation or fill placement is begun. The Contractor shall dispose of the
cleared material to provide the Owner with a clean, neat appearing job site.
Cleared material shall not be placed in areas to receive fill or where the
material will support structures of any kind.
4. SCARIFYING AREA TO BE FILLED
All topsoil and vegetable matter shall be removed from the ground
surface upon which fill is to be placed. The surface shall then be plowed or
scarified until the surface is free from ruts, hummocks or other uneven
features, which would prevent uniform compaction by the equipment to be
used.
5. COMPACTING AREA TO BE FILLED
After the foundation for the fill has been cleared and scarified, it shall
be disked or bladed until it is free from large clods, brought to the proper
moisture content (see item 7) and compacted to not Tess than 95 percent of
maximum density as determined in accordance with ASTM D 698.
Landscaping areas should be compacted to not less than 90 percent of ASTM
D 698.
STRYKER/BROWN ARCHITECTS
JOB NO. GS -1791
EQ)
6. FILL MATERIALS
Fill soils shall be free from vegetable matter or other deleterious
substances. Cobbles and boulders are anticipated within the overburden
soils. Rocks greater than 6 inches in diameter should be removed from
overlot fill material to a reasonable degree. Fill placed below buildings or
roads should not contain any rocks larger than 4 Inches in diameter to a
reasonable degree. Fill materials shall be obtained from cut areas shown on
the plans or staked in the field by the Engineer.
On-site materials classifying as CL, CH, SC, SM, SW, SP, GP, GC, and
GM are acceptable. Concrete, asphalt, organic matter and other deleterious
materials or debris shall not be used as fill.
7. MOISTURE CONTENT
Fill material classifying as CH, CL or SC (with more than 35% passing
No. 200 sieve), non -expansive soils classifying as SM, SW, SP, GP, GC and
GM (or SC with less than 35 percent passing No. 200 sieve) shall be moisture
treated to within 2 percent of optimum moisture content as determined from
Proctor compaction tests. Sufficient laboratory compaction tests shall be
made to determine the optimum moisture content for the various soils
encountered in borrow areas.
The Contractor may be required to add moisture to the excavation
materials in the borrow area if, in the opinion of the Soils Engineer, it is not
possible to obtain uniform moisture content by adding water on the fill
surface. The Contractor may be required to rake or disk the fill soils to
provide uniform moisture content through the soils.
The application of water to fill material shall be made with any type of
watering equipment approved by the Soils Engineer, which will give the
desired results. Water jets from the spreader shall not be directed at the fill
with such force that fill materials are washed out.
Should to much water be added to any part of the fill, such that the
material is too wet to permit the desired compaction from being obtained,
rolling and all work on that section of the fill shall be delayed until the
material has been allowed to dry to the required moisture content. The
Contractor will be permitted to rework wet material in an approved manner
to hasten its drying.
8. COMPACTION OF FILL AREAS
Selected fill material shall be placed and mixed in evenly spread
layers. After each fill layer has been placed, it shall be uniformly compacted
to not less than the specified percentage of maximum density. It is
STRYKER/BROWN ARCHITECTS
JOB NO. GS -1791
A-2
EQI
preferable that fill below building areas be the native granular soils. The fill
below building areas should be compacted to at least 100 percent of the
maximum dry density determined In accordance with ASTM D 698. Fill
outside of the building area shall be compacted to at least 95 percent of
maximum density as determined in accordance with ASTM D 698. Fill placed
in future landscape areas may be compacted to 90 percent maximum ASTM
D 698 dry density. Fill material shall be placed such that the thickness of
loose materials does not exceed 8 inches and the compacted lift thickness
does not exceed 6 inches.
9. PLACEMENT OF FILL ON NATURAL SLOPES
Where natural slopes are steeper than 20 percent in grade and the
placement of fill is required, cut benches shall be provided to place fill upon.
Benches shall be 8 to 12 feet in width to allow for compaction equipment.
Larger bench widths may be required by the Engineer. Fill shall be placed
on completed benches as outlined within this specification.
10. COMPACTION OF SLOPES
Fill slopes shall be compacted by means of sheepsfoot rollers or other
suitable equipment. Compaction operations shall be continued until slopes
are stable, but not too dense for planting, and there is no appreciable amount
of loose soil on the slopes. Compaction of slopes may be done
progressively in increments of three to five feet (3' to 5') in height or after the
fill is brought to its total height. Permanent fill slopes shall not exceed 2:1
(horizontal to vertical) without approval of the Soils Engineer.
11. INSPECTION AND TESTING OF FILL
Inspection and testing by the Soils Engineer shall be on a daily basis
during the placement of fill and compaction operations so that he can declare
the fill was placed in general conformance with specifications.
12. SEASONAL LIMITS
No fill material shall be placed, spread or rolled while it is frozen,
thawing, or during unfavorable weather conditions. When work is interrupted
by heavy precipitation, fill operations shall not be resumed until the Soils
Engineer indicates that the moisture content and density or previously placed
materials are as specified.
STRYKER/BROWN ARCHITECTS
JOB NO. GS -1791
A-3
5
August 22, 1996
Stryker/Brown Architects
300 South Spring Street
Suite #300
Aspen, CO 81611
Attention: Mr. David Brown, AIA, Principle
Subject: USDA Soils Conservation
Service Soil Designations
Parcels 1 & 2B
Ranch at Roaring Fork
Garfield County, Colorado
Job No. GS -1791
Gentlemen:
Enclosed is the USDA Soils Conservation Service Soils Designations and
explanations that you requested. The USDA Soils Conservation Service Soils
Designations are shown on the attached Figure 1. The definitions and explanations
of the mapped soil units are on the attached photocopied pages from the USDA
Soils Conservation Service soils report.
The appreciate the opportunity to work with you on this project. If you need
any additional information or have questions, please call.
Very truly yours,
CTL/THOMPSON INC
Wilson L. "Liv" Bowden
Engineering Geologist
WLB:cd
CTL/THOMPSON, INC.
CONSULTING ENGINEERS
234 CENTER DRIVE ■ GLENWOOD SPRINGS. COLORADO 81601 • (970) 945-2809
1
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1
1
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1
1
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Not part of thio report.
ON in
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aeua 11oaooa8ayg
Scale 1"= 100'
LOCATIONS OF TEST PITS
Job No. GS -1791
Aspen -Gypsum Area, Colorado 63
g0—Mussel loam, 6 to 12 percent slopes. This
deep, well drained soil is on terraces, fans, and foot
slopes. It formed in alluvium. Elevation is 6,500 to 7,500
feet The average annual precipitation is 13 to 14
inches, the average annual air temperature is 42 to 44
degrees F, and the average frost -free period is 75 to 90
days.
Typically, the surface layer is light gray loam about 8
inches thick. The upper 34 inches ,of the substratum is
sandy clay loam. The lower part to a depth of 60 inches
is gravelly sandy clay loam.
Included in this unit are small areas of Yamo soils.
Included areas make up about 10 percent of the total
acreage.
Permeability is moderate in the Mussel soil. Available
water capacity is high. The effective rooting depth is 60
inches or more. Runoff is slow, and the hazard of water
erosion is moderate.
This unit is used as hayland, as rangeland, or for
urban development. It is suited to hay and pasture. The
main management concerns are low fertility and the
slope. Grasses and legumes grow well if adequate
• fertilizer is used. If properly managed, the unit can
produce 4 tons of irrigated grass hay per acre annually.
The potential plant community on this unit is mainly
western wheatgrass, needleandthread. Nevada
bluegrass, Sandberg bluegrass, and big sagebrush. The
average annual production of air-dry vegetation is about
800 pounds per acre.
Areas that are heavily infested with undesirable
plants can be improved by chemical or mechanical
treatment. If the quality of range vegetation has
seriously deteriorated, seeding is needed.
If this unit is used for homesite development, the
main limitation is the slope in the steeper areas. The
slope is also a management concern if septic tank
absorption fields are installed. Absorption lines should
be installed on the contour. Access roads should be
designed to control surface runoff and help stabilize cut
slopes.
This map unit is in capability subclass IVe, irrigated •
and nonirrigated. It is in the Rolling Loam range site.
91—Mussel loam, 12 to 25 percent slopes. This
deep. well drained soil is on fans and foot slopes. It
formed in alluvium. Elevation is 6,500 to 7,500 feet. The
average annual precipitation is 13 to 14 inches, the
average annual air temperature is 42 to 44 degrees F,
and the average frost -free period is 75 to 90 days.
Typically, the surface layer is light gray loam about 8
inches thick. The upper 34 inches of the substratum is
Isandy clay loam. The lower part to a depth of 60 inches
Is gravelly sandy clay loam.
Included in this unit are small areas of Yamo soils
and soils that are similar to the Mussel soil but have
slopes of 6 to 12 percent. Included areas make up
about 10 percent of the total acreage.
Permeability is moderate in the Mussel soil. Available
water capacity is high. The effective rooting depth is 60
inches or more. Runoff is medium, and the hazard of
water erosion is moderate.
This unit is used as rangeland or for urban
development. The potential plant community is mainly
western wheatgrass, Nevada bluegrass, Sandberg
bluegrass, needleandthread, and big sagebrush. The
average annual production of air-dry vegetation is about
800 pounds per acre.
Range seeding may be needed if the range is in poor
condition. The main limitations are the slope and the
limited availability of irrigation water. In areas where
brush is removed by prescribed burning or by chemical
or mechanical methods, the hazard of erosion may
increase.
If this unit is used for homesite development, the
main limitation is the slope. The slope is also a
management concern if septic tank absorption fields are
installed. Absorption lines should be installed on the
contour. Access roads should be designed to control
surface runoff and help stabilize cut slopes.
This map unit is in capability subclass Vle,
nonirrigated. It is in the Rolling Loam range site.
92—Redrob loam, 1 to 6 percent slopes. This deep,
somewhat poorly drained soil is on alluvial valley floors,
low terraces, and flood plains. It formed in mixed
alluvium derived dominantly from sandstone and shale.
Elevation is 5,800 to 7,200 feet. The average annual
precipitation is 16 to 18 inches, the average annual air
temperature is 40 to 44 degrees F, and the average
frost -free period is 85 to 105 days.
Typically, the surface layer is dark grayish brown
loam about 14 inches thick. The next layer is stratified
stony loam about 6 inches thick. The substratum to a
depth of 60 inches is stony and very cobbly loamy sand
and sand.
Included in this unit are small areas of Fluvaquents
and Atencio, Azeltine, Showalter, and Morval soils.
Included areas make up about 15 percent of the total
acreage.
Permeability is moderate in the surface layer of the
Redrob soil and rapid in the rest of the profile. Available
water capacity is low. The effective rooting depth is 60
inches for water -tolerant plants but is 20 to 40 inches
for other plants. Runoff is slow, and the hazard of water
erosion is slight or moderate on the steeper slopes. A
high water table is at a depth of 18 to 48 inches
64 Soil Surve.,
throughout the year. This soil is subject to rare flooding
of brief duration. Ice jams may cause flooding during
prolonged cold periods in winter.
This unit is used for irrigated hay and pasture or as
wildlife habitat. It is well suited to hay and pasture. The
main limitations are the restricted rooting depth for
plants that are not water -tolerant and a short growing
season. The wetness limits the choice of suitable forage
plants and the period of cutting or grazing and
increases the risk of winterkill. Irrigation water can be
applied by furrow, border, corrugation, and sprinkler
methods.
This unit provides food and cover for waterfowl and
other wetland wildlife.
This unit is poorly suited to homesite development.
The main limitations are the wetness and the hazard of
flooding.
This map unit is in capability subclass IVw, irrigated
and nonirrigated. It is in the Riverbottom range site.
93—Rogert very stony sandy loam, 25 to 65
percent slopes. This shallow, well drained soil is on
mountainsides. It formed in residuum derived
dominantly from granite. Elevation is 7,500 to 9.500
feet. The average annual precipitation is 18 to 20
inches, the average annual air temperature is 36 to 38
degrees F, and the average frost -free period is 35 to 60
days.
Typically, the upper part of the surface layer is dark
grayish brown very stony sandy loam about 6 inches
thick. The lower part is brown very gravelly sandy loam
about 11 inches thick. Hard granite is at a depth of 10
to 20 inches. The soil is noncalcareous throughout.
Included in this unit are small areas of soils that are
similar to the Rogert soil but are finer textured and
deeper over granite bedrock. Also included are small
areas of soils that are similar to the Rogert soil but
have a lighter colored surface layer. Included areas
make up about 15 percent of the total acreage.
Permeability is moderately rapid or rapid in the
Rogers soil. Available water capacity is very low. The
effective rooting depth is 10 to 20 inches. Runoff is
medium, and the hazard of water erosion is moderate.
This unit is used for livestock grazing or wildlife
habitat. The potential plant community is mainly western
wheatgrass. bluebunch wheatgrass, prairie junegrass,
and mountain big sagebrush. Other plants that
characterize this site are needleandthread, Indian
ricegrass, Idaho fescue, and small numbers of many
forbs. Some areas of aspen are also included. The
average annual production of air-dry vegetation is about
1,000 pounds per acre.
The suitability of this unit for range seeding is poor.
The main limitations are the slope and the surface
stoniness. Suitable management practices include
proper range use, deferred grazing, and rotation
grazing. Aerial spraying is suitable for brush
management.
This unit is poorly suited to homesite development.
The main limitations are the slope and the depth to
bedrock.
This map unit is in capability subclass Vile,
nonirrigated. It is in the Rocky Loam range site.
94—Showalter-Morval complex,, 5 to 15 percent
slopes. This map unit is on alluvial fans, high terrace.
and valley sides. Elevation is 7,000 to 8,500 feet. The
average annual precipitation is 14 to 16 inches, the
average annual air temperature is 42 to 44 degrees F
and the average frost -free period is 80 to 90 days.
This unit is about 45 percent Showalter very stony
loam and 35 percent Morval loam. The Showalter soil
in convex areas, and the Morval soil is in the more
concave areas.
Included in this unit are small areas of soils that ar
similar to the Morval soil but have a thicker surface
layer. Also included are small areas of soils that are
similar to the Morval soil but have 30 to 40 percent
cobbles in the substratum. Included areas make up
about 20 percent of the total acreage.
The Showalter soil is deep and well drained. It
formed in alluvium derived dominantly from basalt.
About 10 to 15 percent of the surface is covered with
stones, 5 percent with cobbles, and 5 percent with
gravel. Typically, the surface layer is brown very stop}
loam about 8 inches thick. The upper 3 inches of the
subsoil is very cobbly clay loam. The lower 28 inches
very cobbly clay. The substratum to a depth of 60
inches or more is very cobbly clay loam.
Permeability is slow in the Showalter soil. Available
water capacity is moderate. The effective rooting dept
is 60 inches or more. Runoff is medium, and the haza
of water erosion is slight.
The Morval soil is deep and well drained. It formed
alluvium derived dominantly from basalt. Typically, the
surface layer is brown loam about 7 inches thick. The
upper 12 inches of the subsoil is clay loam. The lower
inches is loam. The substratum to a depth of 60 inche
is loam. The soil is noncalcareous to a depth of 19
inches and calcareous below that depth.
Permeability is moderate in the Morval soil. Availab
water capacity also is moderate. The effective rooting
depth is 60 inches or more. Runoff is medium, and tht
hazard of water erosion is slight.
This unit is used as hayland or rangeland, for crop`
or for homesite development. It is moderately suited t(
hay and crops. The main limitations are the surface
stoniness, the slope, and the slow permeability.
EK E
240 Soil Survey
TABLE 14. --ENGINEERING INDEX PROPERTIES --Continued
1 I I Classification IFrag- 1 Percentage passing I
Soil name and 'Depth' USDA texture I I Iments 1 sieve number-- 'Liquid 1 Plas-
map symbol 1 I I Unified I AASHTO I> 3 1 I I I 1 limit I ticity
1 I 1 )inches) 4 I 10 I 40 200 I I index
I In I I I I Pct 1 I I 1 Pct
I 1 I 1 I 1
87*: 1 I I 1 I I I
Tridell 1 0-2 (Stony sandy loam ICL -ML, IA -4, A-2 20-30 75-95 170-90 160-80 30-60 20-30 5-1i:
I I SM -SC I 1 I I
12-371Very cobbly loam,IGM, GM -GC IA -1, A-2 35-50 145-55 140-50 130-40 115-30 15-30 NP -10
" I extremely 1 1 1 1 I
I gravelly sandy I 1 1 I I
I loam, very stony' I 1 I I
I fine sandy loam.) I 1 I I
137-60IVery gravelly IGP IA -1 30-45 35-45 130-40 120-30 1 0-5 NP
I sand, very stony' I 1 I I
I loamy sand, I I 1 I I
I extremely cobblyl 1 I I
1 sand. I I I I
I I I I I
88*: 1 I I I I I
Moyerson 1 0-5 ISilty clay loam ICL, CH IA -7 0-5 195-100195-100185-95 180-90 45-65 20-35
15-161Silty clay, clay,ICL, CH IA -7 0-15 195-100195-100185-95 180-90 45-65 20-35
I clay loam. I I 1 I I
116 (Unweathered I I 1 I--- I ---
I bedrock. I I 1 I 1
I I 1 1 I I
Rock outcrop. 1 I I I 1 1 1
I 1 1 1 I I
89, 90, 91 1 0-8 (Loam ICL -ML, ML IA -4 0 180-100175-100165-95 60-85 25-35 5-10
Mussel 1 8-421Loam, sandy clay ICL -ML, ML IA -4 0 90-100190-100175-95 155-75 25-35 5-10
I loam. I I 1 I I
142-601Stratified ISM, ML, GMIA-4 0 170-100165-100155-95 40-75 15-20 NP -5
I gravelly silt I I 1 I I
I loam to loamy 1 1 1 I I
I sand. I 1 1 I I
I I 1 1 1 I
92 1 0-14ILoam ICL -ML IA -4 0 195-100195-100185-95 60-75 20-25 5-10
Redrob 114-201Stratified stony ISM -SC, IA -4 0-15 195-100190-95 165-85 35-60 20-25 5-1-
I i loam to loamy I CL -ML I I I
I sand. I I I I
120-601Very gravelly IGM, SM, IA -1 20-50 140-65 130-60 120-35 1 5-15 NP
( I sand, very I GP -GM, I
I cobbly sand, I SP -SM I
1 extremely cobblyl I
I loamy sand. I I
1 I I I 1 I
93 1 0-6 IVery stony sandy IGP-GM, GM,IA-1, A-2 30-45 115-70 15-70 10-50 ! 5-30 20-30 NP -5
Rogert 1 I loam. I SP -SM, SMI I I I
16-17IVery gravelly 'GM, GP -GM IA -1 10-50 20-50 20-50 115-35 1 5-20 NP
I sandy loam, veryl 1 I 1 1 I
I cobbly sandy 1 I 1 1 1 I
I loam, extremely I I 1 1 I I
I gravelly sandy 1 I 1 1 I
I loam. I I
117 (Unweathered I I 1 I
1 bedrock. I 1 l I 1 I
1 I 1 I I 1 I I
See footnote at end of table.
1
•
III,Aspen -Gypsum Area. Colorado 23
13—Atencio-Azeltine complex, 3 to 6 percent
ITslopes. This map unit is on alluvial fans and terraces.
he native vegetation is mainly grasses and shrubs.
levation is 5.900 to 6,500 feet. The average annual
ecipitation is 15 to 18 inches. the average annual air
temperature is 44 to 46 degrees F. and the average
'Trost -free period is 105 to 120 days.
This unit is about 60 percent Atencio sandy loam and
I
percent Azeltine gravelly sandy loam.
Included in this unit are small areas of soils that are
similar to the Atencio and Azeltine soils but are finer
textured. Also included are small areas of gravel bars.
-c'uded areas make up about 10 percent of the total
acreage.
IThe Atencio soil is deep and well drained. It formed
in alluvium derived dominantly from sandstone and
shale. Typically, the surface layer is reddish gray sandy
loam about 6 inches thick. The next layer is sandy loam
Iabout 4 inches thick. The subsoil is about 10 inches of
sandy clay loam over about 4 inches of gravelly sandy
.:Dam. The upper 6 inches of the substratum is gravelly
Sandy loam. The lower part to a depth of 60 inches is
very gravelly sand. The soil is noncalcareous to a depth
of 20 inches and calcareous below that depth. In some
Iareas the surface layer is gravelly or cobbly.
Permeability is moderate to a depth of 30 inches in
the Atencio soil and rapid below this depth. Available
water capacity is low. The effective rooting depth is 60
Iaches or more. Runoff is slow, and the hazard of water
erosion is slight.
The Azeltine soil is deep and well drained. It formed
Isin alluvium derived dominantly from sandstone and
hale. Typically, the surface layer is reddish gray
gravelly sandy loam about 9 inches thick. The upper 7
IInches of the substratum is gravelly loam. The lower
hart to a depth of 60 inches is extremely gravelly sand.
The soil is calcareous throughout. In some areas the
surface layer is cobbly loam or sandy loam.
Permeability is rapid or very rapid below a depth of
16 inches in the Azeltine soil. Available water capacity
is low. The effective rooting depth is 60 inches or more.
IRunoff is slow, and the hazard of water erosion is
light.
This unit is used mainly for irrigated hay or pasture. It
also is used for crops, urban development, wildlife
Ihabitat, or rangeland.
if this unit is used for hay and pasture, the main
limitations are the low available water capacity and
Ismall stones. Grasses and legumes grow well if
adequate fertilizer is used. Good management helps to
maintain optimum vigor and quality of forage plants.
IBecause these soils are droughty, applications of
irrigation water should be light and frequent. Irrigation
water can be applied by corrugation, sprinkler, and
flooding methods. If properly managed, the unit can
produce 4 tons of irrigated grass hay per acre annually.
This unit is moderately well suited to irrigated crops.
If furrow or corrugation irrigation systems are used. runs
should be on the contour or across the slope. If properly
managed, the unit can produce 70 bushels of barley per
acre annually.
The potential plant community on this unit is mainly
western wheatgrass, Indian ricegrass. needleandthread,
big sagebrush. and Douglas rabbitbrush. Nevada
bluegrass, prairie junegrass. and bottlebrush squirreltail
also are included. The average annual production of air-
dry vegetation is about 800 pounds per acre. Suitable
management practices include proper grazing use and
a planned grazing system.
If the quality of range vegetation has seriously
deteriorated, seeding is needed. The main limitations
are cobbles and stones. For successful seeding, a
seedbed should be prepared and the seed drilled.
Brush management improves deteriorated areas of
range that are producing more woody shrubs than were
present in the potential plant community.
If this unit is used for homesite development, the
main limitation is small stones. Population growth has
resulted in increased construction of homes in areas of
this unit. Topsoil can be stockpiled and used to reclaim
areas disturbed during construction. The gravel and
cobbles in disturbed areas should be removed if the site
is landscaped, particularly in areas used for lawns. If
the density of housing is moderate or high, community
sewage systems are needed to prevent the
contamination of water supplies resulting from seepage
from onsite sewage disposal systems.
This map unit is in capability subclass IVe, irrigated,
and Vle, nonirrigated. It is in the Rolling Loam range
site.
14—Callings-Yeljack complex, 25 to 65 percent
slopes. This map unit is on ridgetops, benches. and
mountainsides. Elevation is 7,500 to 9,500 feet. The
average annual precipitation is 18 to 20 inches. the
average annual air temperature is 39 to 41 degrees F.
and the average frost -free period is 70 to 80 days.
This unit is about 50 percent Callings soil and 40
percent Yeljack soil.
Included in this unit are small areas of Mine. Arle,
Ansari, Jerry, Millerlake, Uracca, and Mergel soils.
Included areas make up about 10 percent of the total
acreage.
The Callings soil is deep and well drained. It formed
in alluvium and colluvium derived dominantly from
sandstone. Typically, the surface layer is dark brown
loam about 5 inches thick. The next 6 inches is gravelly
loam. The subsurface layer is very cobbly clay loam
232 Soil Survey
TABLE 14. --ENGINEERING INDEX PROPERTIES --Continued
1 I 1 Classification IFrag- 1 Percentage passing 1 1
Soil name and IDepthl USDA texture I 1 Iments 1 sieve number-- ILiquid 1 Plas-
map symbol 1 1 1 Unified 1 AASHTO I> 3 1 1 I limit I ticity
I I I I )inches) 4 10 40 1 200 1 I index
Pct 1 1 Pct
I i 1 I
10*, 11*: 1 1 I 1
Skylick 1 0-311Loam ICL -ML IA -4 0 190-100185-100
131-481Clay loam, loam ICL IA -6 0 190-100185-100
148-60IGravelly sandy ICL, SC IA -6, A-2 1 0 165-85 155-75
1 clay loam. I I •I 1 I
I I I 1 1 I
Sligting 1 0-241Very stony loam ICL -ML IA -4 120-40 175-85 170-80
124-601Extremely cobbly ICL, SC IA -6, A-7 30-65 170-80 150-75
I clay loam, very 1 I 1 I I
I cobbly clay, I 1 1 1 I
1 very stony clay.) I I 1 I
I I 1 1 I I
12*: I I 1 1 1 I
Arle 0-10IVery stony loam ISM, GM, MLIA-4 125-40 160-85 155-80
10-30IVery stony loam, IGM, SM IA -2, A-1 130-60 140-70 140-70
I very stony sandy) I 1 I I
I loam. 1 1 1 1 I
30 (Weathered bedrock) 1 --- 1 1 I ---
I I 1 I I I
Ansari 0-8 (Loam ICL -ML, IA -4 1 5-10 175-100175-90
I I SM -SC 1 1 I I
8-14ILoam, stony loam ICL -ML, IA -4 1 5-30 175-95 175-90
I I SM -SC I 1 1 I
14 (Unweathered I 1 1 I I
1 bedrock. I I 1 I I
I 1 I 1 I I
Rock outcrop. I I I 1 I I
I I 1 1 I I
13*: 1 I 1 I 1 I
Atencio 0-10ISandy loam ISM IA -2 1 0-5 175-100175-100
10-241Gravelly sandy ISC IA -2, A-6 1 0-5 165-90 150-90
I clay loam, sandy) I 1 I I
1 clay loam, 1 I 1 I I
I gravelly sandy I 1 1 1 I
1 loam. 1 I i 1 I
24-301Gravelly sandy ISM -SC, IA -2 1 5-10 150-80 150-75
I clay loam, I GM -GC 1 1 I I
I gravelly sandy 1 I 1 1 I
I loam. 1 1 1 I I
30-601Extremely cobbly ISP, GP, IA -1 20-60 140-60 135-55
1 sand, very 1 SP -SM, 1 1 1 I
1 gravelly sand. I GP -GM 1 1 1 I
1 1 I 1 1 I
Azeltine 1 0-9 (Gravelly sandy ISM, SM-SC,IA-2, A-4 1 0-5 160-85 150-75
I loam. I GM, GM -GCI I I I
1 9-161Gravelly sandy IGM-GC, IA -2, A-4, 0-5 160-85 150-75
I loam, gravelly I SM -SC, I A-6 I 1 I
I loam. I GC, SC 1 I I 1
116-601Extremely IGP IA -1 115-30 125-40 120-35
I I gravelly sand. I I I 1 1
I I I I 1 I I
See footnote at end of table.
70-90 155-75 20-30 5-1:_
75-90 160-80- 25-35 10-15
40-65 130-55 25-35 10-15
60-70 150-60 25-35 5-10
45-70 140-60 35-50 15-25
45-70 135-55 25-35 NP -1O
35-55 120-45 20-35 NP -10
70-80 145-65 20-30 5-10
70-80 145-65 20-30 -1
50-65 20-30 15-20 NP -5
35-65 125-45 20-30 10-15
40-65 15-30 15-25 5-10
10-35 1 0-10 NP
40-65 125-40 20-30 NP
40-65 25-50 25-35 5-15
10-20 1 0-5 NP
'sped -Gypsum Area, Colorado 245
1
TABLE 14. --ENGINEERING INDEX PROPERTIES --Continued
1 i 1 Classification IFrag- 1 Percentage passing 1 I
toil name and IDepthl USDA texture 1 1 Iments I sieve number-- 1Liquid 1 Plas-
map symbol 1 I I Unified I AASHTO 1> 3 I 1 I I 1 limit I ticity
1 I 1 linchesl 4 I 10 1 40 1 200 1 I index
1
1 In I 1 I I Pct I I 1 1 Pct
1 1 1 1 I 1 1 I I
1 0-5 (Very flaggy loam ICL -ML, ML IA -4 110-25 185-95 180-90 155-80 150-75 20-30 NP -10
15-121Channery fine ISM IA -1, A-2 15-10 160-80 155-75 140-70 115-35 20-25 NP -5
I 1 sandy loam. I I I I 1 I I
112-241Very channery IGC, GM -GC IA -2, A-6,1 5-10 135-60 130-55 120-50 115-40 25-40 5-20
1 1 clay loam, very I 1 A-4 1 I 1 1 I
1 1 channery loam. I 1 1 1 I 1 I
124-601Very channery IGM-GC, GC IA -2, A-4,1 5-10 135-60 130-55 120-50 115-40 25-35 5-15
1 I clay loam, very 1 1 A-6 I 1 I I I
I I channery loam. I 1 1 I 1 I I
I I u 1 I I I I 1 I
* See description of the map unit for composition and behavior characteristics of the map unit.
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MEM. mio•Xalp
6
.N-
G
EXIfi off("
STATE OF COLORADO
Roy Romer, Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
AN EQUAL OPPORTUNITY EMPLOYER
John Mumma, Director
6060 Broadway
Denver, Colorado 80216
Telephone: (303) 297-1192
10-27-97
Stryker Architects
300 S. Spring St.
Aspen, CO 81611
REFER TO
For Wildlife -
For People
Dear David;
I received your letter with the layout of the proposed Ranch
Creek Subdivision. Your map included the delineation of the
riparian edge which I did not have before. My main concern in my
recommendation contained in my 10-2-97 letter was to ensure
protection of the wetlands and riparian vegetation. As long as
all buildings, decks, etc. are located outside of the riparian
and wetland area then adequate protection should be achieved.
There should be no infill of this zone for lawns. (This modifies
my original recommendation of 50' setback).
I will maintain my recommendation that all dogs be kenneled or
fenced to control them. If these are spec homes then of course
the kennels cannot be built before the C.O. is issued. However,
all homeowners who wish to have a dog should be required to
construct a kennel upon purchase of the home.
Hopefully this will clear things up for you. If you have any
questions, please give me a call.
Kevin Wrig
District W.
Carbondale
i f e Manager
DEPARTMENT OF NATURAL RESOURCES, James S. Lochhead, Executive Director
WILDLIFE COMMISSION, Arnold Salazar, Chairman • Rebecca L. Frank, Vice -Chairman • Mark LeValley, Secretary
Jesse Langston Boyd, Jr., Member • Chuck Lewis, Member • James Long, Member
Louis F. Swift, Member • John Stulp, Member
)4-111,1"T
STATE OF COLORADO
Roy Romer, Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
AN EQUAL OPPORTUNITY EMPLOYER
John Mumma, Director
6060 Broadway
Denver, Colorado 80216
Telephone: (303) 297-1192
10-2-97
Stryker Architects
300 S. Spring St.
Aspen, CO 81611
Dear David:
REFER TO
OF
For Wildlife -
For People
The proposed Ranch Creek Subdivision located at the Ranch at
Roaring Fork lies within a highly disturbed area. The main
wildlife value is the creek and its associated riparian area and
wetlands. Mule deer cross Highway 82 from the north to south
during winter and spring in this area as they access the open
meadows and riparian areas to the south.
Wildlife impacts will be minimal with the :following
recommendations:
1. Maintain setback from the creek and riparian area. An
average 50' should be sufficient. There should be no deck
or home hangover into the wetlands
2. Install a silt fence during construction to prevent
erosion and siltation into the creek and wetlands. Fence
should not be removed until homesites are revegetated
3. All dogs should be kenneled to prevent harassment of
mule deer and elk which winter opposite the subdivision on
the north side of Highway 82 and those which cross the
highway to the Ranch. Kennels be constructed before the
C.O. is issued
In addition, homeowners should be made aware that deer may browse
and damage their landscaping plants. The DOW is not liable for
this damage_ Deer which may be hit on the highway may wander
down to their yards and die. Homeowners need to properly dispose
of the carcasses themselves.
If you have
Since-ely,
any questions, please give me a call.
vin Wri
District
Carbonda
Manager
DEPARTMENT OF NATURAL RESOURCES, James S. Lochhead, Executive Director
WILDLIFE COMMISSION, Arnold Salazar, Chairman • Rebecca L. Frank, Vice -Chairman • Mark LeValley, Secretary
Jesse Langston Boyd, Jr., Member • Chuck Lewis, Member • James Long, Member
Louis F. Swift, Member • John Stulp, Member
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I COMPLETE ENGINEERING 5E1,0. ICES IN WATER RIGNTS AND RESOURCES WATER TREATMENT AND DISTRIBUTION SUBSURFACE DRAINAGE IRRIGATION FOLNTALNS STORM DRAINAGE AND FLOOD CONTRC
WASTEWATER COLLECTION TREATMENT AND REUSE FIRE PROTECTION WATER BASED RECREATION SPECIALTY HYDRAULICS RATE STUDIES AND UTILITIES ECONOMIC
MAIM
McLaughlin Water Engineers, Ltd.
October 16, 1997
David Brown
Styker Brown Architects
300 S. Spring Suite 300
Aspen, Co. 81611
EXHIBIT 210A Ventnor Ave., Aspen, Colorado 81611 (970) 925-1920
FAX (970) 925-1974
RE: Roaring Fork Ranch Subdivision PUD Approval (Ranch Creek); Civil
Preliminary Design; Water, Sewer, Drainage, and Flood plain - 96-014.O1P
Dear David:
RONALD C. McLAUGHLIN
LEO M. E1SEL
HALFORD E ERICKSON
WILLIAM R. KENDALL
RALPH L TOREN
TERRENCE P. KENYON
RICHARD E. McLAUGHLIN
GENE A BURRELL
MICHAEL E. MERCER
JOHN M. PFLAUM
MICHAEL R. GALUZZI
Engineering SONTT EOS
G. DEAN DEROSIER
EDWARD D. BAIN
BRIAN E. CHEVALIER
PAUL D. ZACHARY
J. HAROLD ROBERTS
LEANDER L URMY
DANIEL M. PETRAMALA
RONALD D. LUCERO
The following MWE, Ltd. comments pertain to the Civil Engineering requirements needed for your
PUD approval for the Roaring Fork Ranch Subdivision. The comments are formatted to follow the
Garfield County Subdivision Regulations Preliminary Plan 4:00, namely: 4:80 -Supplemental
Information - Drainage, 4:90 - Supplemental Information - Utility Plan, 4:91 Water Supply, 4:92 -
Sanitary Sewer Disposal
The subdivision being proposed is a 23 unit development covering 5.58+ acres in two parcels: Parcel
B and Parcel 1 of the Ranch of Roaring Fork Subdivision, see plat for more information.
Section 4:80 Supplemental Information - Drainage Plan
The proposed project lies entirely outside the 100 year floodplain of the Roaring Fork River. This
is confirmed by the 1982 Flood Plain Study prepared for Garfield County and the Colorado Water
Conservation Board, see Map RF -5. Since the property lies outside the 100 year floodplain, no
encroachment or mitigation is required to allow the project to be constructed.
The developed drainage area for the project is about 2 acres. All streets and driveways will have a
grass lined drainage swale to collect and direct storm flows around the property. Road crossings will
be through 18 -inch CMP culverts. We have used the Rational Method and 100 year storm flows to
size the culverts and swales required. Culverts are shown on the attached drawing and will meet
AASH Lr (} requirements. Ends of the culverts will extend 3—feet from the driving surface and use
.,
flared end sections to controls flows. See attached calculation sheets for more information.
Each individual lot is proposed to have it's own drywell to handle all flows the exceed historic
runoff. Approximate lot size is 2,500 square feet including roof, drive, and other developed areas.
Each would require a 4" diameter 8 -foot deep drywell to retain the 100 year flows. Roadways are
the only other developed areas and total 900 -feet in length and 16 -feet wide. This would require
5.000 cubic feet of storage. Roadway swales are to be located on each side of the roadway to collect
and transport flows. Swales are to be 1 -foot deep to flow line and 1 -foot wide at the base, with 2:1
side slopes. The length of roadway provides sufficient area in the swales to retain 100 year flow, so
that detention ponds are not required.
DENVER, CO
(303)458-5550
PHOENIX, AZ
(602) 468-2141
ins R, S'
5r. f�
Existing water courses and streams are shown on the site plans for the project. Due to surrounding
site conditions, the tributary area is limited to the property itself. All flows from State Highway 82
and East of Highway 82 are collected and handled by drainage facilities for Highway 82. These
flows do not cross the properties involved in this development.
Section 4:90 Supplemental Information - Utility Plan and 4:91 - Water Supply
The proposed subdivision is surrounded by the existing Ranch of Roaring Fork. The original water
system design incorporated the proposed developments of Parcels B and 1. Water lines that serve
the Ranch of the Roaring currently cross Parcel's B and 1 through existing easements. Numerous
agreements have transferred water rights from Parcel's B and 1 to the Ranch of Roaring Fork
Homeowners Association, and currently agreements have guaranteed that water for the proposed
subdivision be provided by the Ranch of Roaring Fork Subdivision to Parcel's B and 1. Attached
is documentation from the Homeowners Association agreeing to provide water for domestic,
irrigation, and fire protection to the proposed project, see associated exhibits. All water facilities
will be owned and operated by the Ranch of Roaring Fork Homeowners Association. Attached are
documents relating to the water rights for domestic and irrigation that were transferred to the
Homeowners Association and their agreement to in turn, serve the project.
The Water Rights transferred to the Homeowners Association are far in excess of the requirements
for the project for all domestic and irrigation needs. Water requirements are approximately 12,600
gallons per day (average day) and 37,800 gallons (peak day). The parcels to developed have been
irrigated for many years using water rights transferred to the Homeowners Association and again the
amount of water rights transferred to them is far in excess of the demands and needs for irrigation.
Irrigation demands will be less after the development. Prior to being developed , the area irrigated
was 5.6 acres and post developed area to be irrigated is 3.6 acres. An existing well supplies the
Ranch of Roaring Fork with domestic water that will also be used to provide water to the Ranch
Creek PUD.
Water lines will be looped around the proposed homes eliminating any dead ends in the lines. Some
sections of the existing lines that run through the proposed development will be relocated to provide
better reliability and fire protection to the project. All new lines and fittings will be 8 -inch Ductile
Iron Pipe meeting all existing AWWA requirements. Service lines will be 3\4 -inch copper from the
main line to the home. Ail main line and service line fittings and materials will meet State, County,
and AWWA standards and requirements.
Section 4:92 - Sanitary Sewer Disposal
Sewage disposal will be provide by the Ranch of Roaring Fork. The Association has an existing
50.000 gallon per day Waste Water Treatment Facility. The existing facility has discharge permits
in place meets all current State Health requirements at this time, but is 20 years old and in need of
repairs and upgrading. The Association is currently proceeding with designs to upgrade the
treatment plant to higher treatment standards and to accommodate increase flows, by increasing the
capacity to 90,000 gallons per day. Attached is documentation by the Homeowners agreeing to
provide waste treatment facilities and all facilities will be owned and operated by the Ranch of
Roaring Fork Homeowners Association, see associated exhibits.
Sewage demands are based on 300 gallons per day for 1 EQR. 1 EQR is equal to a 3 bedroom 2 bath
unit. The 23 units in this development would require 6,900 gallon per day of sewage treatment on
an average day and 20,700 gallons for a peak day. The Homeowners Association has agreed to treat
the expected quantities of sewage. See McLaughlin Water Engineers Predesign Report dated April
1995 concerning Wastewater Treatment Improvements for the Ranch at Roaring Fork for more
information on the existing treatment facilities and improvements to be installed.
Fire Protection
Fire protection for the proposed project will be provided by the Ranch of Roaring Fork Homeowners
Association in the form of an existing 200,000 gallon water storage tank located above the
subdivision. Water supply for fire protection is provided through 6 and 8 -inch main lines. Existing
fire hydrants meet current AWWA standards and requirements. New water lines will be installed
to provide domestic and fire protection to the proposed subdivision. New 8 -inch water lines will
loop around the homes and will be located mostly in the roadways. Fire Hydrants will meet current
AWWA standards and will have 2- 2-1/2 inch and 1- 6 -inch outlet and are anticipated to be located
as shown on the drawings to provide easy and quick access for fire trucks and personnel. All fire
hydrant locations were specified by the Carbondale Fire Marshall.
If you have any question concerning the Drainage, Water, Sewer, or Fire Protection Facilities
discussed here, please feel free to call me at any time.
Very Truly Yours
Mc1! I lin . at
eers, Ltd.
ero
CC: MWE - Denver
Enclosures
RC\PUD\96-014.01 \GDD
EX 41-
A On
Recorded at 1Mr 1. :+iii;r.'ir S..j PAGE C93
^
Reception No....__ ,. 3�i� _.........Recorder.
.H S DEED, Made this 8th day of July
I"
between RANCH AT ROARING FORK, INC.
of the County of Garfield
Colorado, of the first part, and
JAY KEE JACOBSON, 14913 Hwy. 82,
Carbondale, CO 81623
of the County of Garfield
Colorado, of the second part,
WITNESSETH, That the said part
TEN AND NO/100
19 77,
and state of
and state of
uG 1 ; 1977
STATE OOCUYEiiTART FEC
.,
of the first part, for and in consideration of the sum of
DOLLARS,
to the said party of the first part in hand paid by the said part y of the second part, the receipt whereof
is hereby confessed and acknowledged, ha S remised, released, sold, conveyed and QUIT CLAIMED, and by
these presents do remise, release, sell, convey and QUIT CLAIM unto the said part y of the second part,
his heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said
part y of the first part ha S in and to the following described lot or parcel of land situate, lying and
being in the County of Garfield and State of Colorado, to wit:
The following described water rights in conjunction with the
__purchase and sale of the Reserved Parcel at the Ranch at
Roaring Fork, Inc., to wit:
One (1.0) cu. ft. per second of time and300 acre feet
per year from those water rights reserved to the
Ranch at Roaring Fork, Inc., in that certain Deed
recorded in Book 447 at Page 140, Reception No. 259141
in the Office of the Clerk and Recorder of Garfield
County Colorado.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto
belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the
said part Y of the first part, either in law or equity, to the only proper use, benefit and behoof of the said
part Y of the second part, hl$eirs and assigns forever.
IN WITNESS WHEREOF, The said part y of the first part ha S hereunto set it hand
and seal the day and year first above written.
Signed, Sealed and Delivered in the Presence of
STATE OF COLORADO,
058.
County of Garfieldi
T
• A
SEAL]
No-rm"rproles,r .. = reLary. ` jSEAL�
Tha fnraonir,o inetriimont was anlrnncvlariaari hafnra me thio
ciao of .7111 r1
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1 (JI1centr8ank
Fetrer4' Ses...er"
1:102i0 161,51: 00B si.1 gip
u1-12-96 09:26A Jamas M. Jenkins
Pay to the
order of
July 24, 1993
970-925-4346 P.01
�i-ttarr ZO
James M. Jenkins
200 Gay Ave - 2S
Clayton, MO 63105
John French'
% Coates, Reid & Waldron
720 East Hyman
Aspen, CO 81611
Reference: Water/Sewer Trip Fac' •- Ranch at. Roaring Fork
Deer John,
Please find enclosed a check in the amount. of $5,500 to purchase
one (1) additional Water/Sewer Tap for the properly Jane purchased
from Nick. As you know, the properly came with five (5) Pre -Paid
Water/Sewer Taps. This will bring the total to nix (6) .
we don't know what we aro going to do with the property. 1f we
rind t.hai we need more taps in the future, we will just have to
purchase thc>n and the going rale. It is my under:; Land i ng that we
can purchase up Lo a total of twenty-five (25).
Jane and 1 are looking forward t.o being a part of the Ranch at
Roaring Fork.
Yours,
James M. Jenkins ✓
/
Enclosed: Ck4 1194, 07/24/93, Tri -Jay Real. Estate, $:1,500
For the benefit of: Marie F. John Revocable Trust
TRI -JAY REAL ESTATE ' '2� ' AiP4I,
TRUST ACCOUNT
P. O. SOx J
ASPEN, CO 81612
1194
82-164/1021
r
(303) 925-14
420 C I(iw
mren, 818
pagan
Recopied at
Reception No
o'clock M
x4.ti8rr 20 ri
Reoonier.
BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS, That R.F.R. Partners,
a Colorado General Partnership of the
*County of Pitkin , State of Colorado,
(Seller), for and in consideration of
Twenty Five Thousand Dollars,
to him in hand paid, at or before the meting or delivery of these presents by
Marie P. John Revocable Trust
of the
County of , in the State of Colorado,
(Buyer), the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does grant and convey unto
the said Buyer, his personal representatives, successors and assigns, the following property, goods and chatrPls, to wit
Five (5) prepaid water tap fees appurtenant to Parcel 1,
Phase II, Roaring Fork Ranch according to the Plat
recorded March 14, 1978 as registration no. 284067
located at
TO HAVE AND TO HOLD the same unto the said Buyer, his personal representatives, successors and assigns, forever. The
said Seller covenants and agrees to and with the Buyer, his personal representatives, successors and assigns, to WARRANT AND
DEFEND the sale of said property, goods and charr&ls, against all and every person or persons whomever. When used herein, the
singular shall include the plural, the plural the singular, and the use of any gender shall be applicab1g to all genders.
LN WITNESS WHEREOF, the Seller has executed this Bill of Sale this I /121 day of J Lk -L.1 , 19 93
R.F.R. -Partners,
a Colorado General Partnership
STATE OF COLORADO,
County of iN
The Foregoing instrument acknowledged before me this
bysit h
Colorado General Partnership
}
ss.
My Commission expires
9f in Denver, insert "City and."
/v/.9
111 day of
as General Partner of R.F.R. Partners
No. 35A. Rev. 9-83. BILL OF SALE
Recorded at q' 5 t' o'clock —M SEP 2 9 1986
Seceptton No. 374873 MILDRED ALSDORF, RECORDER
GARFIELD COUNTY, COLORADO
ASSIGNMENT OF WATER AND
SEWER SERVICE ACRT
Pursuant to Agreement dated May 24, 1983,
dated June 10, 1983 by and between the parties
Ben M. Dorian, d/b/a DOWN VALLEY PARTNERS, and
.4(4114tur 21
BOOK 695 ?.GE890
as amended by Addendum
hereto, Phil Henke and
subsequently assigned
to PHILLIP P. HENKE, PHILLIP P. HENKE hereby assigns, sells, sets over
and transfers eighty percent (80%) of his right, title and interest. in
and to that certain Water and Sewer Service Agreement, dated January 1,
1981 by and between Ranch at Roaring Fork Homeowners' Association, Inc.
and Stagecoach Associates, to STAGECOACH ASSOCIATES, LTD., subject to
the provisions and conditions contained therein. A copy of said
Agreement is attached and incorporated herein by this reference.
Dated this ( (' Day of f ' 1986.
STATE OF COLORADO
County of
By:
The foregoing instrument was acknowledged before me this r
day of
, 1986 by Phillip
••.. ,,Witness my band and official
o• . \• C' :.Rj Qc
`My ion eipires: I
C, _.
seal.
P.
Henke.
71
Address:
1141
. I`i
Notary P b
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` �:ATER AND SE4.TER SER�IICE AGREEt•iElrT
arce - anc at Roaring, ork)
(Coi>mercla BOOK 695 Ptc€891
This Agreement is in effect as ofEthe first day ASSOCIATION, IaJanuary,
1981, between RANCH AT ROARING FORK HOMED TION,se IaNC.,
a Colorado Not -for -Profit Corporation ("Association"),
ress
is 14913 State Highway 82, Carbondale, Colorado 81623, and STAGECOACH
ASSOCIATES, a Colorado Limited Partnership, ("Commercial Parcel owner").
Those address is Box X, Basalt, Colorado 81621.
1. GENERAL.
1.1 Purpose of A reement. The purpose of this
in art t e terms and conditions under
Agree
which ent
s to Associationclary pteransewer the Ranch at
�:he C the arcel. aslhereinafteradefined.atservice or
Rha Commercial payments to the
Roaring Fork, and to set forth the .basis for p ym ur ose
ofAssociation reementuch is toter resolves certain controversies hwhich p
this gparties hereto or their
have arisen in the past between thevde for certain payments by
predecessors in interest and to pro
nd
the rraiheretoforrenfurnished byParcel Ower to the sthe aAssociation tfor athe
sewer serviervicee
Commercial Parcel.
1.2 Relevant Prior Documents. This Agreement is
entered into subject an pursuant to, and to implement the
aiiiohereinafterkTdefi ed. The Water Amended
DeedDeclaration,
each certain
tis
water rights and water facilities to the Association subject
to an obligation to provide water and sewer service to the
Commercial Parcel. The obligation of the Association under
the Water Deed was to be further defined b' the terms of the
Amended Declaration. The Amended Declaration, in Article X,
sets forth certain basic provisions for the provision of
water and sewer service to the Commercial Parcel.
1.3 Prior Agreement Superceded. This agreement
supercedes all prior oral agreements and understandings between
the parties hereto or their predecessors in interest, and
the
Water -Sewer Service Contract, dated September 21. 1977. between
the Association and Jay Kee Jacobson as the then owner of the
Commercial Parcel.
II. CERTAIN DEFINITIONS.
2.1 water Deed. "Water Deed",shall mean the Deed,
dated July 3, 1973, by The Ranch at Roaring Fork Inc., the
original developer of the Ranch at Roaring Fork Project, to
the Association, recorded July 12, 1973 in Book 447 at page
140 of Garfield County Records.
2.2 Amended Declaration. "Amended Declaration"
shall mean the enaeo Dec arvenans and Chargesiio
Limitations, Restrictions, Reservations,
for Ranch at Roaring Fork, dated October 26, 1977, and ` re-
corded October 26, 1977, in Book 502 at Page 82 of Garfield
County, Colorado records, as amended by the First Amendment
to Amended Declaration for Ranch at Roaring Fork, dated
`-.June 7, 1980, and recorded July 8, 1980, in Book 551 at Page
429 of Garfield County, Colorado records.
2.3 Garfield County Records. "Garfield County
Records" shall mean the records in
heaoffice of the Clerk
and Recorder of Garfield County, Colorado.
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2.4 Ranch. "Ranch" or "RA at Roaring.Fork"
shall mean the rear-propertx located in Garfield County,
Colorado, containing approximately 464 acres, which is more
particularly described in Exhibit A attached to the Amended
Declaration. BOuK; 69S ? E892
• 2.5 Project. "Project" or "Ranch'at Roaring Fork
Project" shall mean those portions of the Ranch which are now
or, under the terms of the Amended Declaration, may hereafter
be made subject to the Amended Declaration. The Project does
or may consist of (a) Condominium Parcel No. 1, containing 60
condominium units; (b) Detached Housing Parcel Nos. 1 through
4, containing 92 single family lots; (c) the Common Recreation
Reserve; and (d) a Remaining Annexable Parcel which could,
under the Amended Declaration, be developed for up to 40
units.
2.6 Other Ranch Parcels. "Other Ranch Parcels"
shall mean the Commercial Parcel and the Homestead Parcel, as
hereinafteboundariesrofetheed. Ranchhe Other butt are notch formallyspare art of then
the
e
Project.
2.7 Commercial Parcel. "Commercial Parcel" shall
mean the real property containing approximately 4.73 acres,
which is more particularly described in Exhibit B attached to
the Amended Declaration. The Commercial Parcel is within the
boundaries of the Ranch but is not formally part of the
Project.
2.6 Homestead or Reserve Parcel. "Homestead Par-
cel" or "Reserve Parcel" shall mean the real property more
particularly described in the Declaration of Protective Cove-
nants for the Reserve Parcel by Ranch at Roaring Fork, Inc.,
dated July 3, 1973, and recorded September 12, 1973, in Book
449 at Page 353 of Garfield County records. The Homestead
Parcel or Reserve Parcel is within the boundaries of the
Ranch but is not formally part of the Project.
•
III. WATER SERVICE.
3.1 Association to Supply Water. Subject to the
provisions of this Agreement, the Association shall provide
potable water for the Commercial Parcel from and through the
present water sources and facilities of the Association con-
sistent with the Amended Declaration. The Association shall`
not be required to provide an amount of water exceeding the
amount of water reserved for the Commercial Parcel under the
Water -Deed and shall not be required to provide water in excess
of the capacity of the Association's water service facilities.
The Association shall make reasonable efforts to furnish a
continuous supply of potable water from the Association's water
service system at the point of connection between the Assdci-
ation's facilities and the facilities serving the Commercial
.Parcel. No promise or guaranty of water quantity. quality or
pressure is made by the Association or is to be implied from
anything contained herein, provided that curtailment of service
shall be in accordance with Article X of said amended Declare -
;tion.
• 3.2 Payment for Water_ The Commercial Parcel
Owner shall pay for the water furnished hereunder in each
calendar year, the "Commercial Parcel's Water Share" of
"Water Operating Costs" of the Association as the foregoing
terms are hereinafter defined.
3.3 Commercial Parcel's Water Share. "Commercial
Parcel's Water Share" shall mean a fraction the numerator of
-2-
which is the amount of water oeilveLCU uy „c ; .,,a,“u,...,"
the Commercialcel during a calendar r and the denomi-
nator of which the amount of water d ered by the Asso-
ciation to all users on the Association's water system during
that calendar year. B00K 695 PAGE893
3.4 Water Operating Costs. "water Operating
Costs" shall mean the operating and ordinary maintenance and
repair costs and expenses of the Association in. providing
water in a calendar year to the Commercial Parcel and to
other users on the Association water system, including ordi-
nary repairs and maintenance, labor, chemicals, pumping and
treatment costs, electricity and power costs, etc. Water
Operating Costs shall not include major or extraordinary
capital expenditures.
IV. SEWER SERVICE.
4.1 Association to Provide Sewage Treatment. Sub
ject to the provisions of this Agreement, Association shall
take and treat sanitary sewage from the Commercial Parcel
through and by means of the present sewer lines and facilities
of the Association, but not in excess of the amount of sewage -
effluent which is normal in relation to the amount of water
furnished by the Associaton to the Commercial Parcel and not in
excess of the capacity of the Association's sewer lines and
sewage treatment facilities. The Association shall use its
best efforts to keep and maintain its lines and treatment
facilities in good operating condition, capable of handling and
treating the sewage effluent from the Commercial Parcel and
other users of the Association's system but there shall be no
promise or guaranty by the Association or implied from anything
contained in this agreement that the Association shall, at all
times, be able and capable of collecting and treating all such
sewage effluent If at any time the Commercial Parcel owner
desires to expand and the sewer system is at capacity, then the
system may be enlarged at Commercial Parcel owner's election
and expense. Expansion design shall be mutually agreed upon.
4.2 Payment for Sewer Service. The Commercial
Parcel Owner shall pay for sewer treatment service in each
calendar year, the "Commercial Parcel's Sewer Share" -of
"Sewer Operating Costs" of the Association as the foregoing
terms are hereinafter defined.
4.3 Commercial Parcel's Sewer Share. "Commercial
Parcel's Sewer Share" shall mean a traction the numerator of
which is the amount of water delivered by the Association to
the Commercial Parcel during the Non -Irrigation Season and
the denominator of which is the amount of water delivered by
the Association to all users on the Association's water
system during the same Non -Irrigation Season, except in each
case, any raw or non -potable water drawn directly from non -
potable sources.
4.4 Non -Irrigation Season. "Non -Irrigation Season"
shall mean the 5 month period from November 1 of any year
through March 31 of the following year. The Non -Irrigation
Season ending on March 31 of a calendar year shall be used
for determining the Commercial Parcel's Sewer Share for that
Calendar year. Non -Irrigation Season water usage is. used in
this Agreement to determine the Commercial Parcel's share of
sewage operating costs since, during the irrigating season,
water use includes substantial quantities of water used for
lawn and other irrigation which is not returned through the
Association's sewer system for sewage treatment.
-4.5 Sewer Operating Costs. "Sewer Operating
Costs" shall mean the operating and ordinary maintenance and
repair costs of the Association in providing sewage treatment
in a calendar year to the Commercial Parcel and to other
-3-
115 BOOK 695 PLGE894
users on the Association sewage system, including ordinary
repairs and maintenance, labor, chemicals, pumping and treat-
ment costs,
electricity and power costs, etc. Sewer Operating
Costs shall not include major or extraordinary capital expen-
ditures.
V. METERING WATER USAGE.
5.1 Commercial ParctneWCommerciar.ParceConsistent
with the Amende Dec aration,
r
shall install and maintain, at the expense of the Commercial
Parcel Owner, a meter to measure Athe ecamount.t ofTwatertfu sashed
to the Commercial Parcel by
be kept and maintained at the.point of connection between the
water lines of the Association and the water lines for the
Commercial Parcel. The Amended Declaration requires that any
service contract with the Owner of the Commercial Parcel
shall'require the Owner to bear the cost of installing the
facilities required for such service.
5.2 Association's Water Meter. The Association
shall install and maintain at all times a water meter or
water meters which shall be sufficient to adequatelymeasure
the amount of potable water provided by the Association to
all users on the Association's water system, including the
water supply to the Commercial Parcel. Such water meter or
meters may be installed at the well or spring from which the
water is derived or from the outlet of any water treatment
facility. The costs of installation or replacement of any
such water meters shall be a part of Common Capital Costs, a
portion of which shall be paid by the Commercial Parcel Owner,
and the costs of operation. and ordinary maintenance of any
such water meters shall be included in Water Operating Costs
to be shared by the Commercial Parcel Owner.
5.3 Inspection of Meters. Either party shall have
the right, from time to time, to inspect the meters installed
and maintained by the other party to insure that they are in
good operating order and properly recording the amount of
water passing through the meters. If any water meter or
flow -measuring device is found to be improperly recording the
amount of water, the meter or device shall be repaired or re-
placed by the party required to install and maintain the
miter and appropriate adjustments shall be made in the records
of water previously delivered to adjust for any errors in re-
cording of water delivered through the meters or flow -measuring
devices.
VI. CAPITAL COSTS.
6.1 Capital Costs. "Capital Costs" shall mean
costs and expenses of installing or replacing water or sewer
facilities and major or extraordinary expenditures for repair
and maintenance of water and sewer facilities.
6.2 Commercial Parcel Capital Costs. The Commer-
cial Parcel Owner shall pay or bear all Capital Costs relating
to facilities designed or used solely or chiefly for service
to the Commercial Parcel, including meters or flow -measuring
devices for the Commercial Parcel and connection of facilities
on the Commercial Parcel to the Association facilities.
6.3 Common Capital Costs. Commercial Parcel Owner
shall pay to the Association the Commercial Parcel Proportionat
Share of Common Capital Costs. "Common Capital Costs shall
mean capital costs relating to facilities which are not
designed solely or chiefly for service to any one parcel or
user. The "Commercial Parcel Proportionate Share" with
respect to Capital Costs for water facilities shall be the
Commercial Parcel's Water Share as hereinabove defined and
-4-
likthe "ComJfler Parcel's Proportions' hare" of Captal Costs
relating to sewer facilites shall be the Commercial. Parcel's
Sewer Share as hereinabove defined.BOOK 695 PAGE895
6.4 Other Capital Costs. Commercial Parcel Owner
shall not be required to bear or share Capital Costs relating
to facilities designed or used solely or chiefly'for particu-
lar parcels other than the Commercial Parcel, such as the
Remaining Annexable Parcel or any other parcel within or
outside the Ranch for which the Association may provide water
or sewer service. With respect to Capital Costs for any such
facilities, the Association shall be obligated to recover any
Capital Costs from the owner or owners of the parcels served.
VII. PAYMENTS.
7.1 Monthly Payments for Operating Costs. Commer-
cial Parcel Owner shall make payments monthly in advance to
the Association for Water Operating Costs and Sewer Operating
Costs. During 1981, the monthly amount payable shall be
$53.00 per month. During 1982; and each subsequent calendar
year, the monthly amount payable shall be 1/12th of the pre-
ceding year's total actual amount finally determined to have
been payable by Commercial Parcel Owner for Water Operating
Costs and Sewer Operating Costs of the preceding calendar
year.
7.2 Year -End Adjustments of Payments. As soon as
practicable after the end of calendar year 1981 and after
each calendar year thereafter, Association shall determine
the actual Water Operating Costs and actual Sewer Operating
Costs for the preceding calendar year and shall determine the
actual Commercial Parcel's Water Share for the preceding
calendar year based on water delivered in the calendar year
and shall determine the actual Commercial Parcel's Sewer
Share for the preceding calendar year based on water deliv-
ered during the Non -Irrigation Season ending in the preceding
calendar year. The Association, based on such determinations,
shall advise Commercial Parcel Owner in writing of the total
amount actually payable by Commercial Parcel Owner for Water
Operating Costs and Sewer Operating Costs of the preceding
calendar year. If the amounts paid by Commercial Parcel
Owner during the preceding calendar year were less than the
amounts actually payable, Commercial Parcel Owner shall
promptly pay the Association any balance due.. If the amounts
paid by the Commercial Parcel Owner during the preceding
calendar year were more than the amount actually payable,
Association shall promptly pay the Commercial Parcel
Owner any balance due. All calculations and figures used in
determining the amount due shall be open to inspection, review
and reasonable approval of Commercial Property Owner.
7.3 Payment of Capital Costs. Commercial Parcel
Owner shall make any required payments with respect to Capital
Costs, from time to time, as they are incurred promptly after
receipt of any billing for the same. Subject to the provi-
sions of the following section, the share of Common Capital
Costs to be paid by the Commercial Parcel Owner, shall be
based on the Commercial Parcel's Water Share or Sewer Share,
as the case may be, for the most recently completed calendar
year subject, however, to adjustment after the end of the
calendar year based on the actual Commercial Parcel's Water
share or Sewer Share, as the case may be, for the calendar
year in which the Capital Costs were incurred and are payable.
7.4 Adjustments for Capital Costs Upon Expansion
on Commercial Parcel. It is recognized that there may be
further development on the Commercial Parcel with expansion
of uses and that the further development may benefit from
Common Capital Costs previously incurred for which Commercial
Parcel Owner made payments based only on previously existing
water or sewer use on the Commercial Parcel. Therefore, it
-5-
'41/
BOOK 695 1,4E896is agreed that, i. the event of any further develoopmenteof thelColbeercia1
Parcel resulting expanded water or sewer use, payment
made
by Commercial Parcc l owner to the Association of an inclusiveinch
tap fee
apsfeential
( water -sewer ) of $2500.00 being the equivalent of a 3/4
tap. The fee for the other'uscs shall be adjusted from said base fee
according to the==-hedule attached hereto as Exhibit "A".
7.5 pavments for 1979'ad 19980. Coexecution mrcilhParcel
Association, prompty
atter the lloli pG-:mounts for water and sewer service and Capital
Cthe following Years: (a) $318.00 ($26.50 x 12) for 1979
water and sewe service, less any amounts previously paid by
Commercial
cid sPar year; (b) $636.00 ($53.00 x 12)
Commercial Par mel Owner for such for 1980 water and sewer service, less anyamountspreviously
(c) $527.62
paid by Commerccial Parcel Owner for such year;
for 1979 Commc:n Capital Costs; and (d) $2,127.92 for 1980 _
Common Capital Costs. The amounts set forth in (b), (c), and
(d) shall be adjusted after December 31, 1981, based on, as
the case may bee, the Commercial Parcel's Water -Share estab-
lished for cal eendar year 1981 and the
Commercial
NParcerigation
el's
Sewer Share es-ablished for that portion of
Season from J a:nuary 1, 1981, through March 31, 1981.
7.6 Additional Water or Sewer Users. The Asso-
ciation shall at•• no a••itiona water or sewer users nor shall
it agree to ex?.end any major capital outlay without first
giving '60 days notice of the details of same to Commercial
Parcel Owner aid allowing it an opportunity to be heard in .the
deliberations preceding such action.
XIII. MISCELLI-'SOUS.
6.1 Installation of Degreaser. On or before
execution of triis Agreement, Commercial Parcel Owner shall
install and shall thereafter maintain a grease -trap or de-
greaser for th t existing Stagecoach Restaurant, located on
the Commercial Parcel. The grease -trap or degreaser shall be
of a type and _size recommended for use in connection with
restaurants artf. shall be installed and maintained so as to
eliminate or minimize the amount of grease and other similar
materials entering the sewage lines from the Commercial
Parcel.
8.2 Rules and Regulations. The Association shall
have the right to adopt and enforce rules and regulations
relating to water and sewer service furnished by the Associa-
tion to the Co nercial Parcel and to any other parcels or
users. Such rules and regulations shall be reasonable and,
uniformally applied. Rules and regulations may be adopted to
restrict water usage in times of shortage, consistent with the
provisions of the Amended Declaration, to assure fair and
equal service to all users and parcels and to further the
effective and efficient operation of the Association's water
and sewer system.
8.3 Unanticipated Chances in Circumstaces. It is
•
recognized that this Agreement is a long-term agreement and
that changes in circumstances may occur in the future which
cannot now be fully or adequately anticipated. Examples of
changes which may occur are the possible installation of a
lawn irrigation system for Condominium Parcel No. 1 which
would utilize raw water from existing lakes or ponds on the
Ranch for irrigation purposes rather than the existing water
system of the Association and the possible agreement by the
-6-
.X 2
BoOK 695 ncE897
pursuant to requests from state or local health
Association, to provide sewage treatment for one or more
a
dethorimies, vicinity of the Ranch. In the
development projects ini the y
event any changes in circumstancesoccur
and, in
the
eis Aopiniont
of either party, make any of the provisions
unfair or unworkable, the parties hereby agree that they
shall use their best efforts to•appropriately amend or modify
the terms of this Agreement and, the parties further agree
that, if the parties cannot agree within a reasonable time on
any necessary amendment or modification, the
rmatmatter
sharationll, at
the option of either party, be resolved by
accordance with the arbitration provisions hereinafter set
forth in this Agreement.
8_4 Arbitration. 'Any dispute or controversy under
this Agreement an any matter specified in this Agreement as
subject to arbitration shall be determined by arbitration in
accordance with the following provisions. If either party
desires arbitration, it shall give written notice to
the
eeek
other party and both parties shall promptly ereatern se
to agree upon a single arbitrator. If the parties
agree upon a single ibat as°competeentaandarecognized arbi-
sonable time,
either party may desiggn
trator by notice in writing to the other party and the other
party shall, within 30 days thereafter, designate a competent
and recognized arbitrator by notice in writing to the first
party. Within 30 days after the designation of the second
arbitrator, the two arbitrators so designated shall select a
third competent and recognized arbitrator. As soon as prac-
ticable after the designation of the single arbitrator or of
the three arbitrators, the single arbitrator or the three
arbitrators shall heby esinglee matter
arbitratorrender
orabydecision.
two out
decision arbitrators rendered
by upon both parties. The
of three arbitrators shall be binding �
costs and expenses of the arbitration, including
theparties
attorney's fees of the parties, shall be paid by
as may be specified in the arbitrationeCisl ionb or, he to
the
extent not so specified, shall be paiddY y
8.5 Sin le Commercial Parcel Rresenta single
lCCom-
mercial Parcel Owner s a at a times esqn
ate person or entity as the Representative of all persons and
parties who may be owners of or have interest in the Commer-
cial Parcel and shall give notice to the Association of such
Representative's name and address. Such Representative shales
be fully authorized to act for and bind all persons or p
arti
with interests in the Commercial Parcel and the Association
shall, at all times, be entitled to deal with and rely solely
on such designated Representative. Such Representative shall
be deemed to have full power and authority to act for Commer-
cial Parcel Owner including power and authority to amend or
modify this Agreement, arbitrate disputes under this Agreement
and receive notices on behalf of Commercial Parcel Owner. designated
During any period that there is no person or entity design
by Commercial Parcel Owner as representative, the Association
may designate any person or entity who is the owner of or has
an interest in the Commercial Parcel as such Representative.
The initial Representative of Commercial Parcel Owner shall
be John wix whose address is the address of Commercial Parcel
Owner shown at the beginning of this Agreement.
8.6 Limitation on Association Liability. The
Assocation, the Board or Directors of the Association and any
member, agent or employee of the Association shall not be
liable to Commercial Parcel Owner or any other party with
respect to any matter arising in connection with this Agree-
ment or the water and sewer service to be provided by the
Association hereunder, except in the case of gross negligence,
bad faith or malice. Commercial Parcel Owner hereby agees
to indemnify and save harmless the Association, the Board of
-7-
BOOK 695 PAGE898
Directors of11 Association, and any7ber, agent or employee
of the Association against any claim, loss, cost, damage or
expense, including attorney's fees, incurred by any of the
same as a result of any matter arising under this Agreement
or in connection with water and sewer service furnished by
the Association, except in the case of gross negligence, bad
faith or malice.
8.7 No Public Utilities Status. Association shall
not, by reason of this Agreement,
bdeemed
eto be serving nor
holding itself out as serving ready to
the public.
8.8 Successors and Assigns. The terms "Association"
and "Commercial Parcel Owner" as used herein shall include
the respective heirs, personal representatives, successors,
and assigns of the parties hereto.
8.9 Notices. All notices, consents or other
instruments or communications provided for under this Agree-
ment shall'be in writing, signed by the party giving the same
and shall be deemed properly given and received when actually
given and received or three business days after mailed, if
sent, postage prepaid, addressed to a party at its address
set forth at the beginning of this Agreement or to such other
address as such party may designate by written notice to the
other party.
8.10 Entire Agreement. This Agreement, together
with the Water Deed and the Amended Declaration, constitutes
the entire understanding between the parties with respect to
the subject matter hereof and all prior agreements or under-
standings shall be deemed merged herein.
No representations, warranties or certifications,
expressed or implied, shall exist as between the parties
except as stated herein.
8.11 Modifications in Writing. No amendments,
waivers or modifications hereof shall be made or deemed to
have been made unless in writing executed by the party to be
bound thereby.
8.12 Nonseverability. If any provision of this
Agreement shall be invalid, illegal or unenforceable, it
shall not affect or impair the validity, legality or enforce-
ability of any other provision of this Agreement and there
shall be substituted for the affected provision, a valid and
enforceable provision as similar as possible to the affected
provision.
8.13 No Third Party Beneficiaries. None of the
terms or provisions contained in this Agreement shall be
deemed to be for the benefit of any person not a party
hereto, and no such person shall be entitled to rely hereon
in any manner.
8.14 Assignability. No party may assign its rights
or obligations under this Agreement except in connection with
a partial or total transfer of the Commercial Parcel by Commer-
cial Parcel Owner or a partial or total transfer of the water
and/or sewer rights and facilities by the Association.
8.15 Binding Effect. This Agreement shall be bind-
ing upon and inure to the benefit of the parties hereto and
their permitted successors and assigns.
8.16 Attorney's Fees. In the event either party
institutes legal or arbitration proceedings with respect to
this Agreement, the prevailing party shall be entitled to
court costs and reasonable attorney's fees.
-8-
BOOK 695 PAGES99
8.17 Applicable Law. This Agreement shall be interpreted and
enforced according to the laws of the State of Colorado.
8.18 Captions for Convenience. All captions and headings used
herein are for convenience only and are of no meaning in the interpretation
or effect of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
the day and year first above written.
RANCH AT ROARING FORK HOME-
OWNERS ASSOCIATION, INC.,
a Colorado not-for-profit
corporation
-9-
"COMMERCIAL PARCEL OWNER"
John Wix '
r••
EXHIBIT A.
Ranch at Roaring Fork water -sewer tap fee schedule:
Apartments
1 Bedroom
2 Bedroom
3 Bedroom
Bo( 695 ? GE900
Base Tap Fee is 52500.00 for 1 Single Family Residence_
1 Single Family Residence = 1 EQR
EQR
0.6
0.8
1.0
Transient ( Motels & Lodges )
1 unit with cooking facilities 0.5
1 unit without cooking facilities 0.4
Office & Commercial
For each toilet
Restaurants
Up to 25 seats
Each additional 25 seats
0.5
1.0
0.6
Recorded r • /'LQ
Reception 343912 MILDRTD ALSDORF,",.•CORD6t
Assit,a4 if UP WATER/ BOOK 630 rAGE8O
SEWER SERVICE AGREEMENT
STAGECOACH ASSOCIATES, LTD., (formerly Statecoach Associates),
a Colorado limited partnership, hereby assigns, sells, sets over
and transfers all of its right, title and interest in and to that
certain WATER AND SEWER SERVICE AGRRMIINT, a copy of which is attached
hereto and incorporated herein, entered into with an effective date
of January 1, 1981, by and between Stagecoach Associates and Ranch
at Roaring Fork Hcmeewners' Association, Inc., to Phil Henke and
Ben M. Dorman, d/b/a DOWN VALLEY PARTNERS, subject td the provisions
and conditions contained within that AGREEMENT and ADDENDUM 4O
AGREEMENT, constituting a contract of Purchase and Sale, executed
June 7, 1983, and June 10, 1983, respectively, between Stagecoach
Associates, Ltd., as Seller, and Phil Henke and Ben M. Dorman,
as Purchasers, of that business and property at 14913 State Highway
82, commonly known as the "Cannercial Parcel" or "Stagecoach Inn
Parcel".
Dated this 15th day of July, 1983.
`•� ,, JO•,,,,,q,,
IP WA
® .. STP s COWD »
RA
%-(a„Y
PITKIN
ss.
STAGECOACH ASSOCIATES, LTD.,
a Colorado limited partnership,
by STAGECOACH LIMITED, a Colorado
corporation,, the General Partner
by
Wix, Prcoidcn
g foregoing instrument was acknowledged
f1�e 0 0a ,,of July, 1983, by John Wix, President, STAGECOACH
the General Partner of Stagecoach Associates, Ltd., a
limited partnership
Witness my hand and seal
before me this 15th
LIMI fF1), as
Colorado
My commission expires. 1-27-85
Notary Public /
P.O. :•x I
Basalt, CO. 81621
ase
1c4 • Ban 630 /lug);
WATER AND-_SFL'ER SERVICE_ AGREEt-WI T
(Cofrr,eiclnl 1 arcc1
- Ranch at Roaring -Fork)
This Agreement is in effect as of the first day of January,
A1�
1981, between FO1 AT ROARING FORK 110MEOaritLR5. ASSOCIATION, INC.,
a Colorado Not -for -Profit Corporation ("Association"), whose address
is 14913 State Highway 82, Carbondale, Colorado 81623, and STAGECOACH
ASSOCIATES, a Colorado Lb itcd rarttierr:hip, ("Commercial Parcel Owner") ,
whose address is Sox Y., Basalt, Colorado (11621.
1. GENERAL.
1.1 Purpose of_A£rcemcnt. The purpose of this
Agreement is to_la.rrfy inpart the terms and conditions under
hech the AialcParcel,shall
hereinaftervide water
defined'.sewer
theservice
Ranch at
forthe Commercial payments to the
Roaring Fork, and to set forth the basis for p ym e
ofsthis
Association
totTCSO1Vesewer
certain controversiesfurther
whih purpose
has 6parties hereto or their
have arisen in the past between thevide for certain payments by
predecessors in interest and to por
the Commercial Parcel Owner to the Association
the Assocforiwaterrand
sewer service heretofore furnished by .
the
Commercial Parcel.
1.2 Relevant Prior Documents. This Agreement is
entered into subject ani Pursuant to, and to implement the
provisions of, the Water Deed and the Amended Declaration, as
ailandter waterffacilities toWater
theDeed
Associationdcertain
subject
waterarights.provide and sewer service to the
to an obligation to
Commercial Parcel. The obligation of the'Association under
the Water Deed was to be further defined by the terms of the
Amended Declaration. The Amended Declaration, in Article X,
sets forth certain basic provisions for the p -
water and sewer service to the Commercial Parcel.
•
1.3 Prioi Agrec_rnent Superccded. This agreement
supercedes all prior oral agreements and understandings between
the parties hereto or their predecessors in interest, and
the
Water -Sewer Service Contract, dated September 21, 1977. between
the Association and Jay Kee Jacobson as the then owner of the
Commercial Parcel.
II. CERTAIN DEFINITIONS.
2.1 Water Deed. "Water Deed" shall mean the Deed,
dated July 3, 1873, by TFie Ranch at Roaring Fork Inc., the
original developer of the Ranch at
Roa197ring Fork Book Projet pate
the Association, recorded July l
140 of Garfield County Records..
2.2 Amended Declaration. "Amended Declaration"
shall mean ,the AmenoeaDe laraban of Covenants. Conditions,
Limitations, Restrictions,
Resdater atOcions,er Li26ens and Charges
for Ranch at RoaringFork,
corded October 26, 1977, in Book 502 at Page 82 of Garfield
County, Colorado records, as amended by the First Amend ent
to Amended Declaration for Ranch at Roaring Fork, date
June 7, 1980, and recorded July 8, 1980, in Book 551 at Page
429 of Garfield County, Colorado records.
•
2.3 Garfield County Records. "Garfield County
Records"
shall
ofmGa fieldrecords
C�unty,1n the Co oradooffice of the Clerk
and Recorder
5)ie et At
owU% uOU rAbtvvO
_ Y.�J Ranch. "Ratlocated
ch��nr1GarfieldCunty
at Roaring
eaT
shall mean the rproper Xwhich t more
Colorado, containing approximately 464 acres,
particularly described in Exhibit A attached to the Amended
Declaration.
2.5 Project. "Project" or "Ranch at Roaring Fork
Project" shall mean those portions of the Ranch which are now
or, under the terms of the Amended Declaration, may hereafter
be made subject to the Amended Declaration. The Project does
or may consist of (a) Condominium Parcel No. 1, containing 60
condominium units; (b) Detached Rousing Parcel Nos. 1 through
4, containing 92 single .family lots; (c) the Common Recreation
Reserve; and (d) a Remaining Annexable Parcel which could,
under the Amended Declaration, be developed for up to 40
units.
2.6 Other Ranch Parcels. "Other Ranch Parcels"
shall mean the Commercial Parcel and the Homestead Parcel, as
hereinafter defined. The Other Ranch Parcels are within the
boundaries of the Ranch but are not formally part of the
Project.
2.7 Commercial Parcel. "Commercial Parcel" shall
mean the real property containing approximately 4.73 acres,
which is more particularly described in Exhibit B attached to
the Amended Declaration. The Commercial Parcel is within the
boundaries of the Ranch but is not formally part of the
Project.
2.8 Homestead or Reserve Parcel. "Homestead Par-
cel" or "Reserve Parcel' shria-1 mean the real property.more
particularly described in the Declaration of Protective Cove-
nants for the Reserve Parcel by Ranch at Roaring Fork, Inc.,
dated July 3, 1973, and recorded September 12, 1973, in Book
449 at Page 353 of Garfield County records. The Homestead
Parcel or Reserve Parcel is within the boundaries of the
Ranch but is not formally part of the Project.
III. WATER SERVICE.
3.1 Association to Supper Water. Subject to the
provisions of this Agreement, the Association shall provide
potable water for the Coiinercial Parcel from and through the
present water sources and facilities of the Association con-
sistent with the Amended Declaration. The Association shall
not be required to provide an amount of water exceeding "the
amount of water reserved_forthe Conmercial RarceLuadez_xhe
ti.ater. D'e`e3`a`nd shall not be required to provide water in excess
of the capacity of the Association's water service facilities.
The Association shall make reasonable efforts to furnish a
continuous supply of potable water from the Association's water
service system at the point of connection between the Associ-
ation's facilities and the facilities serving the Commercial
Parcel. No promise or guaranty of water quantity, quality or
pressure is made by the Association or is to be implied from
anything contained herein, provided that curtailment of service
shall be in accordance with Article X of said amended Declara-
tion.
. 3.2 Payment for Water. The Commercial Parcel
Owner shall pay for the water furnished hereunder in each
calendar year, the "Commercial Parcel's Water Share" of
"Water Operating Costs" of the Association as the foregoing
terms are hereinafter defined.
3.3 Commercial Parcel's Water Share. "Commercial
Parcel's Water Share" shall mean a fraction the numerator of
-2-
iax 2( "fir-
r'1` I' 'reel during a c,alen0 - ear and the denomi-
the CoRmerci (� the mount of wa te2-J�'�'.vercd by the Asso-
ciation
of towhinall ocirtion's water system during
cg
ciation all users on the As
that calendar year.
3.4 Water Oocrating_Costs. "Water Operating
Costs" shall mean ie oPeraing and Ordinary iaintenanceg
e widi
and
repair costs and expenses
ysfeAssinComrnercial Parcel and to
water in a calendar yeartot7e
other users on the Association water system, including od
nnary repairs and maintenance,
labor, chemicals, pumping a
treatment costs, electricity and power costs,' etc. Water
Operating Costs shall not include major or extraordinary
capital expenditures.
IV. SEWERS SERVICE.
• 4.1 Association to Provide Sewage Treatment. Sub-
ject to the provisions of this Agreement. Association shall
take and treat sanitary
aof theage present sewerrothe ol¢inesial andparcel
facilities
through anbyeans
of the Association, but not Yelationexcess
tofthethe
amountamount
offwaterge
effluent which is normal in
furnished by the Associatun to the Conunercinl Parcel and not in
excess of the capacity of the Association's sewer lines and
sewage treatment facilities. The Association shall use its
best efforts to keep and maintain its lines and treatment
facilities in good operating condition, capable of handling and
treating the sewage effluent from the Commercial Parcel and
other users of the Association's system but there shall be no
promise or guaranty by the Association or implied from anything
contained in this agreement that the Association shall, at all
times, be able and capable of collecting and treating all such
sewage effluent If at any time the Commercial Parcel owner
desires to expand and the sewer system is at capacity, then the
system may be enlarged at Commercial Parcel owner's election
and expense. Expansion design shall be -mutually agreed upon.
4.2 Payment for Sewer Service. The Commercial .,
Parcel Owner shall pay for sewer treatment service in each
calendar year, the "Commercial Parcel's Sewer Share" of
"Sewer Operating Costs" of the Association as the foregoing
terms are hereinafter defined.
4.3 Commercial Parcel's Sewer Share. "Commercial
Parcel's Sewer Share" shall mean a fraction the numerator of
which is the amount of water delivered by the Association to
the Commercial Parcel during the Non -Irrigation Season and
the denominator of which -is the amount of water delivered by
the Association to all users on the Association's water
system during the same Non -Irrigation Season, except in each
case, any raw or non -potable water drawn directly from non -
potable sources.
4.4 Non -Irrigation Season. "Non -Irrigation Season"
shall mean the 5 -month period from November 1 of any year
through March 31 of the following year. The Non -Irrigation
Season ending on March 31 of a calendar year shall be used
for determining the Commercial Parcel's Sewer Share for that
calendar year. Non -Irrigation Season water usage is used in
this Agreement to determine the Commercial Parcel's share of
sewage operating costs since, during the irrigating season,
water use includes substantial quantities of water used for
lawn and other irrigation which is not returned through the
Association's sewer system for sewage treatment.
4.5 Sewer Operating Costs. "Sewer Operating
Costs" shall mean the operating and ordinary maintenance and
repair costs of the Association in providing sewage treatment
in a calendar year to the Commercial Parcel and to other
Itiar
-3-
BOOK 630 rttGE810
users on the Association sewage system, including ordinary
dnareat-
repairs and maintenance, labo, hemicals, pumping. inger d treat-
ment costs, electricity and power
ating
Costs shall not include major or extraordinary capital expen-
ditures.
V. METERING WATER USAGE.
5.1 Commercial Parcel Water Meter. Consistent
with the Amended Dec1aratlon, the Commercial Parcel Owner
shall install and maintain, at the expense of the Commercial
Parcel Owner, a meter to meLsureAt e amount of
The tertfurnsishe
d
e the Commercial Parcel by
be kept and
maintained at the point of connection between the
water lines of the Association and the water lines for the
Commercial Parcel. The Amended Declaration requires that any
service contract with the Owner of the Commercial Parcel
shall'require the Owner to bear the cost of installing the
facilities required for such service.
5.2 Association's Water Meter. The Association,
shall install and maintain at a1r times a water meter or
water meters which shall be sufficient to adequately measure
the amount of potable water provided by the Association to
all users on the Association's water system, including the
water supply to the Commercial Parcel. Such water meter or
meters may be installed at the well or spring from which the
water is derived or from the outlet of any water treatment
facility. The costs of installation or replacement of any
such water meters shall be a part of Common Capital Costs, a
portion of which shall be paid by the Commercial Parcel Owner,
and the costs of operation and ordinary maintenance of any
such water meters shall be included in Water Operating Costs
to be shared by the Commercial Parcel Owner.
5.3 Inspection of Meters. Either party shall have
the right, from time to time, to inspect the meters installed
and maintained by the other party to insure that they are in
good operating order and properly recording the amount of
water passing through the meters. If any water meter or
flow -measuring device is found to be improperly recording the
amount of water, the meter or device shall be repaired or re-
placed by the party required to install and maintain the
meter and appropriate adjustments shall be made in the records
of water previously delivered to adjust for any errors in re-
cording of water delivered through the meters or flow -measuring
devices.
VI. CAPITAL COSTS.
6.1 Capital Costs. "Capital Costs" shall mean
costs and expenses of installing or replacing water or sewer
facilities and major or extraordinary expenditures for repair
and maintenance of water and sewer facilities.
6.2 Commercial Parcel Capital Costs. The Commer-
cial ?arcel Owner shall pay or bear all Capital Costs relating
to facilities designed or used solely or chiefly for service
to the Commercial Parcel, including meters or flow -measuring
devices for the Commercial Parcel and connection of facilities
on the Commercial Parcel to the Association facilities.
6.3 Common Capital Costs. Commercial Parcel Owner
shall pay to the Association the Commercial Parcel Proportiona'
Share of Common Capital Costs. "Common Capital Costs" shall
mean capital costs relating to facilities which are not
designed solely or chiefly for service to any one parcel or
user. The "Commercial Parcel Proportionate Share" with
respect to Capital Costs for water facilities shall be the
Commercial Parcel's Water Share as hereinabove defined and
BMW 630 rn€811
the Comme`itY 11 Parcel's Froportiowber, Share" of Captal Costs
relating to sewer facilites shall be'the Commercial Parcel's
Sewer Share as hereinabove defined.
6.4 Other Capital Coats. Commercial Parcel Owner
shall not be required to bear or. share Capital Costs relating
to facilities designed or used solely or chiefly for particu-
lar parcels other than the Commercial Parcel, such as the
Remaining Annexable Parcel or any other parcel within or
outside the Ranch for which the Association may provide water
or sewer service. With respect to Capital Costs for any such
facilities, the Association shall be obligated to recover any
Capital Costs from the owner or owners of the parcels served.
VII. PAYMENTS.
7.1 Monthly Payments for Operating Costs. Commer-
cial Parcel Owner shall_ make payments monthly in advance to
the Association for Water Operating Costs and Sewer Operating
Costs. During 1981, the monthly amount payable shall be
553.00 per month. During 1982, and each subsecruent calendar
year, the monthly amount payable shall be 1/12th of the pre-
ceding year's total actual amount finally determined to have
been payable by Commercial Parcel Owner for Water Operating
Costs and Sewer Operating Costs of the preceding calendar
year.
7.2 Year -End Adjustments of Payments. As soon as
practicable after the end of calendar year 1981 and after
each calendar year thereafter, Association shall determine
the actual Water Operating Costs and actual Sewer Operating
Costs for the preceding calendar year and shall determine the
actual Commercial Parcel's Water Share for the preceding
calendar year based on water delivered in the calendar year
and shall determine the actual. Commercial Parcel's Sewer
Share for the preceding calendar year based on water deliv-
ered during the Non -Irrigation Season ending in the preceding
calendar year. The Association, based on such determinations,
shall advise Commercial Parcel Owner in writing of the total
amount actually payable by Commercial Parcel Owner for Water
Operating Costs and Sewer Operating Costs of the preceding
calendar year. If the amounts paid by Commercial Parcel
Owner during the preceding calendar year were less than the
amounts actually payable, Commercial Parcel Owner shall
promptly pay the Association any balance due.. If the amounts
paid by the Commercial Parcel Owner during the preceding
calendar year were more than the amount actually payable,
Association shall promptly pay the Commercial Parcel
Owner any balance due. All calculations and figures used in
determining the amount due shall be open to inspection, review
and reasonable approval of Commercial Property Owner.
7.3 Payment of Capital Costs. Commercial Parcel
Owner shall make any required payments with respect to Capital
Costs, from time to time, as they are incurred promptly after
receipt of any billing for the same. Subject to the provi-
sions of the following section, the share of Common Capital
Costs to be paid by the Commercial Parcel Owner, shall be
based on the Commercial Parcel's Water Share or Sewer Share,
as the case may be, for the most recently completed calendar
year subject, however, to adjustment after the end of the
calendar year based on the actual Commercial Parcel's Water
share or Sewer Share, as the case may be, for the calendar
year in which the Capital Costs were incurred and are payable.
7.4 Adjustments for Capital CostsJinon Expansion
on Commercial Parcel. It is recognized that there may be
further development on the Commercial Parcel with expansion
of uses and that the further development may benefit from
Common Capital Costs previously incurred for which Commercial
Parcel Owner made payments based only on previously existing
water or sewer use on the Commercial Parcel. Therefore, it
_c
�crr
is agreed that,_r. the event of any further ricv,:loj rr nt of the Commercial
Parcel resulting expanded water or :a•..cr use, a payment shall be made
by Commercial Parcel owner to the h::::oriat ion of an inclusive tap fee
( water -sewer ) cf. $2500.00 being the w.juiv;rlent of a 3/4 inch residential
tap. The fee for the other t::es shall lac adjusted from said base fee
according to the r:•chedulc attached her, to :,:• Exhibit "A".
7,5 Payments for 1979 and 1980. Commercial Parcel
the
Owner shall per::'
Association, promptl}—af er execution hereof,
following _nounts for water 5?00 (526r50nd sewesex 12) for evice anCa19p9ta
l
Costs for Pric _ Years: (a) 5318
a)318
water and se' -e- service, less any e ountss priousl00 (Spaid0by 12)
Commercial Par =el Owner for such y (b) 6
for 1980 water and sewer service,
less any amounts previously
paid by Commer sial Parcel Owner for such year; (c) 5527.62
for 1979 Commc'n Capital Costs; and (d) $2,127.92 for 1980
Common Capital Costs. The amounts set forth in (b), (c), and
(d) shall be att3justed after December 31, 1981, based on, as
the case may t the Commercial Parcel's Water. Share estab-
lished for cal_=•ndar year 1981 and the Commercial Parcel's
Sewer Seasonshare from JarnuarYs1�,dfor that 1981, throughrion Marchf311, 1981.Irrigation
7.6 Additional Water or Sewer Users. The Asso-
ciation shall ._1ano aUaiti° al water or sewer users nor shall
itital
giving
to e�-:'Inotice ofd any jor thecdetailsooflsame1toout first
Commercial
Pariel i. days
Parcel Owner arid allowing it an opportunity to be heard in the
deliberations preceding such action.
XIII. f)I SCELL.:..NEOUS .
8.1 Installation of Degreaser. On or before
execution of t.nis Agreement, Commercial Parcel Owner shall
install and sr a ll thereafter maintain a grease -trap or de-
greaser for thr existing Stagecoach Restaurant, located on
the Commercial Parcel. The grease -trap or degreaser shall be
of a type and size recommended for use in connection with. -
restaurants axed shall be installed and maintained so as to
eliminate or m nimize the amount of grease and other similar
materials entering the sewage lines from the Commercial
Parcel.
BOOK 630 1,4E812
8.2 Rules and Regulations. The Association shall
have the right to adopt and enforce rules and regulations
relating to water and sewer service furnished by the Associa-
tion to the Co nercial Earcel and to any other parcels or
users. Such rules and regulations shall be reasonable and.
uniformally applied. Rules and regulations may be adopted to
restrict water usage in times of shortage. consistent with the
provisions of the Amended Declaration, to assure fair and
equal service to all users and parcels and to further the
effective and efficient operation of the Association's water
and sewer system.
8.3 Unanticityated Chances in Circumstaces. It is
recognized that tris Agreement is along -term agreement and
that changes in circumstances may occur in the future which
cannot now' be fully or adequately anticipated. Examples of
changes which may occur are the possible installation of a
lawn irrigation system for Condominium Parcel No. 1 which
would utilize raw water from existing lakes or ponds on the
Ranch for irrigation purposes rather than the existing water
system of the Association and the possible agreement by the
-6-
took 630 PecE813
Association, pursuant to requests from state or local health
authorities, to provide sewage treaUnent for one or more .
development projects in the vicinity of the Ranch. In the
event any changes in circumstances occur and, in the opinion
of either party, make any of the provisions of this Agreement
unfair or unworkable, the parties hereby agree that they
shall use their best efforts to appropriately amend or modify
the terms of this Agreement and, the parties further agree
that, if the parties cannot agree within a reasonable time on
any necessary amendment or modification, the matter shall, at
the option of either party, be resolved by arbitration in
accordance with the arbitration provisions hereinafter set
forth in this Agreement.
8.4 Arbitration. Any dispute or controversy under
this Agreement and any matter specified in this Agreement as
subject to arbitration shall be determined by arbitration in
accordance with the following provisions. If either party
desires arbitration, it shall give written notice to the
other party and both parties shall promptly thereafter seek
to agree upon a single arbitrator. If the parties cannot
agree upon a single arbitrator within a reasonable time,
either party may designate a competent and recognized arbi-
trator by notice in writing to the other party and the other
party shall, within 30 days thereafter, designate a competent
and recognized arbitrator by notice in writing to the first
party. Within 30 days after the designation of the second
arbitrator, the two arbitrators so designated shall select a
third competent and recognized arbitrator. As soon as prac-
ticable after the designation of the single arbitrator or of
the three arbitrators, the single arbitrator or the three
arbitrators shall hear the matter and render a decision. Any
decision rendered by the single arbitrator or by any two out
of three arbitrators shall be binding upon both parties. The
costs and expenses of the arbitration, including reasonable
attorney's fees of the parties, shall be paid by the parties
as may be specified in the arbitration decision or, to the
extent not so specified, shall be paid equally by the parties.
8.5 Single Commercial Parcel Re_presentative. Com-
mercial Parcel Owner shad I at all times designate a single
person or entity as the Representative of all persons and
parties who may be owners of or have interest in the Commer-
cial Parcel and shall give notice to the Association of such
Representative's name and address. Such Representative shall
be fully authorized to ,act for and bind all persons or parties
with interests in the Commercial Parcel and the Association
shall, at all times, be entitled to deal with and rely solely
on such designated Representative. Such Representative shall
be deemed to have full power and authority to act for Commer-
cial Parcel Owner including power and authority to amend or
modify this Agreement, arbitrate disputes under this Agreement
and receive notices on behalf of Commercial Parcel Owner.
During any period that there is no person or entity designated
by Commercial Parcel Owner as representative, the Association
may designate any person or entity who is the owner of or has
an interest in the Commercial Parcel as such Representative.
The initial Representative of Commercial Parcel Owner shall
be John Wix whose address is the address of Commercial Parcel
Owner shown at the beginning of this Agreement.
8.6 Limitation on Association Liability. The
Assocation, the Board of Directors of the Association and any
member, agent or employee of the Association shall not be
liable to Commercial Parcel Owner or any other party with
respect to any matter arising in connection with this Agree-
ment or the water and sewer service to be provided by the
Association hereunder, except in the case of gross negligence,
bad faith or malice. Commercial Parcel Owner hereby agrees
to indemnify and save harmless the Association, the Board of
', Association, sand a Umber, agent or employee
Directors e
ex the Association attorneyainst asyfecs, incurredcost,
anydamage
ther
samenas, including any
sane as a result with watertand��sewergse-viceunder tfurniis shedmby
t
or in connection
the Association, except in the case of gross negligence, bad
faith or malice.
8.7 No Public Utilities Status. Association shall
not, by
reason of this Agrees -"'"6I, be eemed to be serving nor
holding itself out as serving or ready to serve members of
the public.
8.8 successors_ and Assigns. The terms "Association"
un
and "Corercial Parcel iTwnef, as used herein shall include
the respective heirs, personal representatives, successors,
and assigns of the parties hereto.
8.9 Notices. All notices, consents or other
instruments or Eommunications provided for dervihthis
re ee-
ment shall be in writing, signed by the partygiving the
me
and shall be deemed properly given and received when actually
given and received or three business days after mailed, if
sent, postage prepaid, adAressed to a party at its address
set forth t of this
ment
to
h
address asasu such beginning
ateAbyewrittenrnoticectoother
the
other party.
8.10 Entire Agreement. This Agreement, together
with the Water Deea aria the Amended Declaration, constitutes
the entire understanding between the parties with respect to
the subject matter hereof and all prior agreements or under-
standings shall be deemed merged herein.
No representations, varranties or certifications,
expressed or implied, shall exist as between the parties
except as stated herein.
8.11 Modifications in writing. No amendments,.
waivers or modiIicat.loni hereof shall be made or deemed to
have been made unless in writing executed by the party to be
bound thereby.
8.12 Nonseverability. If any provision of this
Agreement shall -be �.nvai.d, illegal or unenforceable, it
shall not affect or impair the validity, legality or enforce-
ability of any other provision of this Agreement and there
shall be substituted for the affected provision, a valid and
enforceable provision 'as similar as possible to the affected
provision.
8.13 No Third Party Beneficiaries. None of the
terms or provisions contained in this Agreement shall be
deemed to be for the benefit of any person not a party
hereto, and no such person shall be entitled to rely hereon
in any manner.
8.14 Assignabilit . No party may assign its rights
or obligations under this Agreement except in connection with
a partial or total transfer of the Commercial Parcel by Commer-
cial Parcel Oder or a partial or total transfer of the water
and/or sewer rights and facilities by the Association.
8.15 Binding Effect. This Agreement shall be bind-
ing upon and inure to the benefit of the parties hereto and
their permitted successors and assigns.
8.16 Attorney's Fees. In the event either party
institutes legal or arbitration proceedings with respect to
this Agreement, the prevailing party shall be entitled to
court costs and reasonable attorney's fees.
-8-
r
1
1
1
1
BOOK 630 PLGE815
• 8.17 Anolicahle Low. This AgrcLment sh111 be interpreted and
enforced according to the laws of the State of Colorado.
8.18 Captions for Convenience. All captions and headings used
herein are for convenience only and arc of no meaning in the interpretation
or effect of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed, this Agreement
the day and year first above written.
RANCH AT ROARING FORK HONE-
OW;tERS ASSOCIATION, INC.,
a Colorado not-for-profit
corporation
"COMMERCIAL PARCEL OWNER"
John WiX
1
1
1
1
1
1
1
1 ex 2i a-
t , Beg 630 1'e4E816
EXHIBIT A,
Ranch at Roaring Fork water -sewer tap fee schedule:
Apartments
1 Bedroom
2 Bedroom
3 Bedroom
Base Tap Fee is $2500.00 for 1 Single Family Residence
1 :single Family Residence = 1 EQR
EQR
0.6
0.8
1.0
Transient ( Motels t Lodges )
1 unit with cooking facilities 0.5
1 unit without cooking facilities 0.4
Office 6 Commercial
For each toilet
Restaurants
Up to 25 scats
Each additional 25 seats
•
•
0.5
1.0
0.6
• _4
>44-1c, r 23
tot:1(451 PAGE 79
C. Construction on Association Property. The
Association may construct, new Improvements or additions:to
the Association Propertieh or demolish existing Improve-
mentnt provided that in the case of any Improvements,. ..
addition or demolition (other than maintenance or'repairs :' �•-
to existing'Inprovencnt3) involving a total exponditura,4n
excess of One Thousand Dollars ($1,000), or such higher
limit as may be allowed by the California Department of Peal
Estate from time to time, the vote of a majority of each Class
of ttembers voting in person or by proxy et•a regular or
special meeting called for that purpose approving plans and
n maximum total cost therefor shall first be obtained. The
Association shall levy a special.assessmont on all Members
for the cost of such work.
U. Delegation of Duties. The Board may delegate
its duties to Committees established pursuant to the By -Lava.
9.3 Attorney -In -Fact
Tho Association is hereby irrovocably appointed
atr:orney-in-fact for the Owners of all Condominium Units and
each of them to manage, control and deal with the interest
of such Owner in Common Elements so as to permit the Associa-
tion to fulfill all of its duties and obligations hereunder
and to exercise all of its rights hereunder.
•
More particularly, the Association, as attorney-
in-fact, shall be empowered to grant easements in, over,
across and through the Comecon Elements to the Declarant for
purposes of construction of Improvements thereon or on any
Annexed Real Property or Property To Be Annexed, to dedicate •
or convey portions of the Conn on Elements such as the
private streets and walkways to a public or quasi -public
entity upon approval of the Members by vote as herein pro-
vided, to deal with the Project upon its destruction,
condemnation, obsolescence or termination as herein provided,
to execute any amendment or revocation of the Declaration,
the flap or any similar such instrument on behalf of the
Owners to effect an amendment or revocation thereof as
herein provided or to do or perform such further acts on
behalf of the Owners as they shall by majority vote from
time to time direct.
The accnpcnnce by any person or entity of any
interest in any Condominium Unit shall constitute an appoint-
ment
ppointwent of the Association as an attorney-in-fact as provided
above.
ARTICLE X
Water and Sewer Service
-10.1' Common Elements
• Without limiting the generality of this.Declaraticn
•with respect to Common Elements,,thc terms of this Article X
shall apply•epocifically to water rights and to facilities
which comprise any parts of systems for providing water or
sewer service. The other provisions of the Declaration shall
also apply to such water rights and facilities except_ where
the terms of this Article aro clearly inconsistent therewith,
'in which event the terms*of this Article shall control.
-27-
601: ME 80
•
10.2 .Acquisition and Management of Water Rights
Subject to the provisions of this Article X,
the Association may initiate, acquire, hold, manage. protect
and develop water rights for the purposes set forth in this
Declaration. The Association shall hold title to all such
water rights for the benefit of the Members, and may take
such actions with respect to water rights, subject to any
approval required by this Declaration for the financing of
such actions, as the Board by majority vote, dotermines
will benefit such Members; including without limitation
the creation of new water righta, the exercise of diligence
with respect to conditional water rights, the institution
or defense of legal or administrative action to protect
or improve such water rights, participation in exchange
programs or plans of augmentation. The Association may
laccept the gift nr conveyance of water rights; provided
that the Association shall not purchase, release or convey -
any water right except upon the affirmative vote of the
majority of the voting power of tho Members.
10.3 Acquisition and Management of Water and
Sewer Service Facilities
Subject to the provisions of the Declaration,
the Association may acquire, construct, repair, replace, '
operate and maintain facilities for the provision of water
and sewer service to those entitled thereto under the torus
of the Declaration. The Association shall hold title to
any such facilities for the benefit of the Members of the
Association and subject to any approval required by this
Declaration for the financing of such actions, may take such
actions as tho Board, by majority vote, determines will
benefit such Membere. Without limiting the foregoing, the
Association, upon majority vote.by the Board, may utilize
a !Manager to operate and maintain such facilities and to .
provide water and sewer service.
10.4 Initial water nights and Water and Sewer
• Service Facilities
The water rights and water and sewer service
facilities described in the Water Deed recorded in took 447
Y at page 140 in the records of the County Clerk and Recorder
for Garfield County, Colorado, have been conveyed to the
:Association for the benefit of the Owners pursuant to this
.Declaration. '
10.5 Nater and Sewer Service
Subject to compliance with the terms of tho
Dcclnration, the payment of assessments imposed pursuant to
this Declaration, the payment of service fees where required
by service contract autl:oriz J this DeclatiVn, and
comoli.ancc witfi—_-oasonan c rules and regulations established
by the Association through a majority vote of its Board,
consistent with this Declaration, the Association shall
provide water and cower cervice:
(a) To each Condominium Unit now or hereafter
within the Project. •
-28-
i
s. m451 rAcE '• 8 I
(b) To the Common Recreation Reserve,
including without limitation the
=provision of water for irrigation
thereof.
(o) To authorized uses within the area
described in Exhibit "A" attached '
hereto, but not included within
the Project. Such uses shall be'
served pursuant to a service contract
between the Association and the
Declarant, approved by majority vote
of the Board of the Association. Any
such service contract shall require
the Declarant to bear the cost of
installing, maintaining and operating
facilities to servo such uses, in the •
manner provided for�CP .Qr_cipl and.
Reserved Parcels in subparagr� phi 10.5(d).
d) To the Commercial Parcel and to the
Reserved Parcel, pursuant to a service
contract or contracts with the Declarant,.
approved by majority vote of the Board •
of the Association, but not exceeding
the amount of water reserved by the
Declarant for such Commercial and
Reserved Parcels (except when additional
water in available and the Association
agrees to enlarge its service) and not
to'exceed the capacity of the Association's
water and sewer service facilities. Any
such service contract shall require the
Declarant to bear the cost of installing'
' facilities for such service and to pay a
proportional part of the costs of facilities'
used in common with other service and a
proportionate part of costs of operating
• and maintaining sewer and water utility
service to all lands served by the
Association, said proportions being based
upon the quantity of water delivered to
the Commercial or Rcaorved Parcel relative
,to the total quantity of water delivered
through cosuaon facilities with respect to
facility costs and relative to the total
quantity of water delivered to all lands
served by the Association with respect to
operating and maintenance costa.
(e) The Association shall not serve, nor hold,
itself out as serving or ready'to serve
all members of the public, nor take any
action which would caure it to he classified
.as a public utility under tho law of the
State of Colorado.
10.6 Allocation of Fater
•
The Association, by majority vote of the Board,
may place restrictions upon its water service or require those
-29-
r
Z
.•
DOCA45I •ME 82 4
served by it to curtail water use, when necessary in the
judgment of tho Board to provide or protect an adequate •
supply of water during times of shortage. Provided, however,
the Doard shall limit or curtail non-domestic service before
it limits domestic service, and shall limit or curtail non:-
domestic
on-domestic recreational purposes, prior Fo limiting or cur-
tailing service for commercial purposes. The Board shall
flat -et -curtail domestic service only in the event that
the reasonable curtailment or limitation of other service
is' insufficient to provide an adequate supply of water in the
judgment of the Doard to serve domestic purposes and essential
non-domestic uses.
10.7 Financing
In order to provide financing for the operation
and maintenance of water and sever service facilities, the
Association nay utilize any means of raising funds authorized
by this Declaration. In addition, if Declarant imposes any
specific start up or tap fee upon the initial purchasers
of Condominium Units within the Project or upon the purchasers
of residences elsewhere in the area described in Exhibit 'A"
hereto or upon any unit within the Commercial or Reserved
Parcel, that fee shall be available to the Association.
10.8 Service by a Substitute Entity
Upon the vote of three-fourths of the voting power
of the Members and compliance with any requirements imposed by
law, the Association may convoy some or all of its water
rights and water and sewer service facilities to a public
district or to any entity or individual tr:tich will provide
acceptable water and sewer service to those served by the
Association and assume the responsibilities of the Association,
upon terms acceptable to the Association.
ARTICLE XI
Covenant for Assessments
11.1 Creation of the Lien and Personal Obliga-
tion of Assessments end Service Fees
declarant for each Condominium Unit in the
. Project hereby covenants, and each Owner of any Condominium
Unit within the Project by purchasing a Condominium Unit,
whether or not it shall be so expressed, is and shrll be
deemed to covenant and agree to pay to the Associations
(a) Annual Assessments or charges; and
(b) Special Assessments for capital improve-
ments or other such extraordinary items.
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