HomeMy WebLinkAbout1.0 ApplicationSTRYKER / BROWN
A R C H I T E C T S, P C
RANCH CREEK
in the
Ranch at Roaring Fork
PUD/ Subdivision
Application for Sketch Plan Review
Parcels 1 and 2B, Phase II,
Town Center and "D" Units, Roaring Fork Ranch
August 25, 1996
3 0 0 S. SPRING S T R E E T, S U I TE 3 0 0
A S P E N, COLORADO 8 1 6 1 1
3 0 3. 9 2 5. 2 2 5 4 9 2 5. 2 2 5 8 (FAX)
Ranch Creek PUD/Subdivision
Ranch at the Ranch at Roaring Fork
Parcels 1 and 2B, Phase Il,
(Roaring Fork Ranch)
PLANNED UNIT DEVELOPMENT/Subdivision Application
Garfield County P.U.D. and Subdivision Application
Stryker/Brown Architects
300 S. Spring St., Aspen, Co. 81611
925-2254, fax: 925-2258
REOUEST:
OWNER:
This application is to permit for the creation of a PUD and redivision of Parcel B,
Redivision of Parcel 2, Phase II, Town Center and "D" Units of Ranch at Roaring Fork Final
Plat, and Parcel 1, Final Plat, Phase I: andD Units, Roaring Fork Ranch, within the
development known as the Ranch at Roaring Fork, Garfield County, Colorado.
Although the current zoning (PD: Final Plat Phase II, Town Center and "D" Units, Roaring
Fork Ranch, approved July 11, 1975) allows for Commerical Center (shops and gas station)
on Parcel 2-B (2.987 Acres) and a 40-60 unit Condominium/Hotel on the Parcel 1, D Units
Parcel (2.599 Acres) , the current pattern of development, i.e, the moderate density of the
surrounding residential neighborhood, suggests that a moderate density residential project
is more compatable and appropriate on the parcels than the currently permitted uses.
Residential Development will help provide much needed housing opportunities in the
Mid -Valley area of the Roaring Fork Valley and will prevent the impacts that a
commercial development would have created.
Parcel 1, D Units, Phase II, Town Center and D Units, Roaring Fork Ranch, Garfield
County: Jane J. Jenkins
Parcel B, Redivision of Parcel 2, Phase II, Town Center and D Units, Roaring Fork Ranch,
Garfield County:
Stagecoach Associates , Ltd. (currently under contract to sell to David P. Brown)
REPRESENTATIVE:
David P. Brown, Stryker/Brown Architects, 300 S. Spring St., Aspen, Co. 81611
office: 925-2254, fax: 925-2258; home: 963-1998
LOCATION:
SITE DATA:
WATER:
SEWER:
ACCESS:
A Parcel located in Lot 2, T7S, R88W, of the 6 P.M.; approximately one mile northeast of
Carbondale off Highway 82, Stagecoach Drive and Stagecoach Lane, internal roads to the
Ranch at Roaring Fork.
A 2.599 acre parcel (Parcel 1) and a 2.987 Acre parcel (Parcel 2B) being combined into a
single Planned Unit Development (PUD) of 5.586 Acres with 20 single family detached
homes (lots) and 4 condominiumized duplexes (8 dwelling units) on a single lot. Each of the
single family detached homes may have an "ancillary" (granny flat) dwelling unit on the
same lot.
Ranch at Roaring Fork Water System.
Ranch at Roaring Fork Sewer System.
Frontage Road off of State Highway 82, and off Stagecoach Lane.
EXISTING ZONING:
Planned/ Development (P/D): for "Town Center", shops, service center (gas station),
condominiumized hotel.
August 25, 1996 page 1 of 13
Ranch Creek PUD/Subdivision
Ranch at the Ranch at Roaring Fork
Parcels 1 and 2B, Phase ll,
(Roaring Fork Ranch)
4.02 PURPOSES AND OBJECTIVES OF DEVELOPMENT
Garfield County P.U.D. and Subdivision Application
Stryker/Brown Architects
300 S. Spring St., Aspen, Co. 81611
925-2254, fax: 925-2258
PUDs may be approved by the County Commissioners for the following purposes and to achieve the
followng objectives of development:
1. To provide for necessary commercial, recreational and educational facilities conveniently located to
housing;
Due to the critical shortage of housing opportunities in the Roaring Fork Valley, this
project attempts to provide for necessary housing conveniently located to transportation
(adjacent to and existing RFTA bustop), commercial uses (the site is midway between
Carbondale and El Jebel) and educational facilities in and near the Town of Carbondale,
and significant recreational facilities in the Ranch at Roaring Fork.
2. To provide for well -located, clean, safe and pleasant industrial sites involving a minimum of strain on
transportation facilities;
Not applicable.
3. To insure that the provisions of the zoning laws which direct the uniform treatment of dwelling type,
bulk, density and open space within each zoning district will not be applied to the improvement of land by
other than lot -by -lot development in a manner which would distort the objectives of the zoning laws;
This PUD will insure the insure the improvement of the land consistant with the objectives
of the Garfield County zoning laws.
4. To encourage innovations in residential, commercial and industrial development and renewal so that
the growing demands of the population may be met by greater variety in type, design and layout of
buildings and by the conservation and more efficient use of open space ancillary to said buildings;
This PUD will provide and innovative mix of residential uses that will help provide
housing for the growing demands of the population. The PUD will provide a wider variety
of home and lot sizes than is currently found in the area. It is designed to conserve land use
and efficiently use existing infrastructure and open space adjacent to and within the Ranch
at Roaring Fork Subdivision and adjacent to this PUD. This PUD will complete the
development of Phase II of the Ranch at Roaring Fork Subdivision.
5. To encourage a more efficient use of land and of public services, or private services in lieu thereof, and
to reflect changes in the technology of land development so that resulting economies may inure to the
benefit of those who need homes;
This PUD will efficiently use existing services, land, and new infrastructure and provide
economic housing opportunies to its future occupants.
6. To lessen the burden of traffic on streets and highways;
This PUD is within walking distance of an existing RFTA bus stop. Such proximity should
encourage the use of the mass transit system. The PUD is located in the middle of the
Ranch at Roaring Fork which includes numerous recreational opportunities (fishing,
hiking, biking, tennis, golf, horseback riding). This adjacency will prevent much driving
and burden on the streets and highways.
August 25, 1996 page 2 of 13
Ranch Creek PUD/Subdivision
Ranch at the Ranch at Roaring Fork
Parcels 1 and 2B, Phase 11,
(Roaring Fork Ranch)
7. To conserve the value of the land;
Garfield County P.U.D. and Subdivision Application
Stryker/Brown Architects
300 S. Spring St., Aspen, Co. 81611
925-2254, fax: 925-2258
This PUD will conserve (and perhaps increase) the value of the land and adjacent
residences. The project will increase the taxable real estate in the community and help
raise tax revenues for essential community services.
8. To provide a procedure which can relate the type, design, and layout of residential, commercial and
industrial development to the particular site, thereby encouraging preservation of the site's natural
characteristics; or
9. To encourage integrated planning in order to achieve the above purposes and objectives of
development.
This PUD will provide planned residences integrated with their neighbors and help the
County achieve the purpose and objectives of the County's General Plan. The current intent
of the County Plan is to focus commercial development in Carbondale. The use of this site
for residential use will prevent strip commercial development along highway 82.
4.03 SCOPE
Applications for Planned Unit Development zoning may be made for land located in any zoning district.
4.04 CONSISTENCY WITH THE GENERAL PLAN
This PUD is consistant with the County's General Plan. This PUD will provide planned
residences integrated and compatable with their neighbors and help the County achieve
the purpose and objectives of the County's General Plan. The current intent of the County
Plan is to focus commercial development in Carbondale. The use of this site for residential
use will prevent strip commercial development along highway 82.
4.05
4.05.01
4.05.02
RELATIONSHIP TO ZONING AND SUBDIVISION
The Garfield County Subdivision Regulations, as the same may be from time to time amended, and the
provisions of this Zoning Resolution, as the same may be from time to time amended, shall be applicable
to PUDs insofar as said Regulations and Resolution are consistent with this section and with any specific
zoning or subdivision requirements approved by the County Commissioners at the time of zoning or
platting the PUD in question, but to the extent that said Regulations and Resolution are inconsistent
herewith, they shall not be applicable and the provisions of this section shall control.
It is recognized that the uniqueness of each proposal for a PUD requires that the specifications, standards
and requirements for various facilities, including but not limited to, streets, highways, alleys, utilities,
curbs, gutters, sidewalks, street lights, parks, play grounds, school grounds, storm drainage, water supply
and distribution, and sewage collection and treatment, may be subject to modificatin from the
specifications, standards, and requirements established in the Subdivision Regulations of Garfield
County for the like uses in other zone districts. The County Commissioners may, therefore, either at the
time of zoning as a PUD or subsequently upon final platting under Subdivision Regulations, as requested
by the applicant, waive or modify the specifications, standards and requirements which would be
otherwise applicable.
The Applicant, due to the unique characteristics of the PUD proposed and due to the results
which will benefit the community as a result, requests that the County waive or modify
any specifications, standards and requirements, if necessary, which would be otherwise
applicable to permit the PUD to be approved as designed. Refer to the Preliminary Site
Plan (Exhibit 7) of the proposed PUD.
August 25, 1996 page 3 of 13
Ranch Creek PUD/Subdivision
Ranch at the Ranch at Roaring Fork
Parcels 1 and 28, Phase ll,
(Roaring Fork Ranch)
Garfield County P.U.D. and Subdivision Application
Stryker/Brown Architects
300 S. Spring St., Aspen, Co. 81611
925-2254, fax: 925-2258
4.06 INTERNAL COMPATIBILITY OF PLANNED UNIT DEVELOPMENTS
It is recognized that certain individual land uses, regardless of their adherence to all the design
gnd PUD o
provided for in this section, might not exist compatibly with one another. Therefore, a proposed
shall be considered from the point of view of the relationship and compatibility of the individual elements
of the Plan, and no PUD shall be approved which contains incompatible elements.
The internal elements of the PUD are compatible with one another and with the adjacent
land uses.
4.07
STANDARDS AND REQUIREMENTS
4.07.01
proposed PUD rezoning upon a finding that it will implement
The County Commissioners may approve a Pro P
the purposes of this section and will meet the standards and requirements set forth in this section.
This PUD Applicaition meets the standards and requirements of this section.
4.07.02
The number of off-street parking spaces for each use in each PUD shall not be less than the requirements
for like uses in other zoning districts, except that the County Commissioners may increase or decrease
the required number of off-street parking spaces in consideration of the following factors:
1. Estimated number of cars owned by occupants of dwellings in the PUD;
The owners of each dwelling are estimated to own 2 cars per single family detached and
duplex units, and 1 car per ancillary units. The estimated number of cars owned by occupants
of dwellings in the PUD is 76.
2. Parking needs of non -dwelling uses;
none, all proposed uses in the PUD are dwellings.
3. Varying time periods of use whenever joint use of common parking areas is proposed.
No joint use of common parking areas are proposed. A license for varied time periods for
joint use of parking did exist on Parcel 2B for the customers of Parcel 2A (The Re ayStation hao
Restaurant). However, the current Owner of Parcel 2B, Stagecoach Associates,
revoked the license because conditions for its continuation were not met by the Owner /
Tenants of Parcel 2A. Refer to Exhibit 3 attached hearto.
4.07.03
The PUD shall meet the following site plan criteria unless the applicant can demonstrate that one (1) or
more of them is not applicable or that a practical solution has been otherwise achieved:
1. The PUD shall have an appropriate relationship to the surrounding area, with unreasonable adverse
effects on the surrounding area being minimized.
By rezoning from commercial to residential, adverse effects will be prevented.
2. The PUD shall provide an adequate internal street circulation system designed for the type of traffic
generated, safety, separation from living areas, convenience and access. Private internal streets may be
permitted, provided that adequate access for police and fire protection is maintained. Bicycle traffic shall
page 4 of 13
August 25, 1996
Ranch Creek PUD/Subdivision
Ranch at the Ranch at Roaring Fork
Parcels 1 and 2B, Phase ll,
(Roaring Fork Ranch)
be provided for when the site is used for residential purposes.
I have met with the and the County Road Engineer and the assistant Fire Marshall in
Carbondale and the layout of streets and parking are consistent with their
recommendations and requirements.
3. The PUD shall provide parking areas adequate in terms of location, area, circulation, safety,
convenience, separation and screening.
The parking is adequate as designed for the residents and their guests, safe, separate for
each residence, adequately screened, and convenient to public access and roads.
4. The PUD shall provide Common Open Space adequate in terms of location, area and type of the
Common Open Space, and in terms of the uses permitted in the PUD. The PUD shall strive for optimum
preservation of the natural features of the terrain. Ei is
/
The Common Open Space of the Ranch at Roaring Fork bdivision (of which this PUD is
Phase II) is very large (350+ acres), and is adjacent to a PUD parcel in question. The
original developer of the Ranch at Roaring Fork cr ted an agreement for the shared use
the recreational and COMMON OPEN SPAC menities by the Ranch proper and the
users of this PUD's parcels. Refer to Exhibit request that due to the significant and
accessable nature of the open space in this "community", the strict requirements for "OPEN
SPACE" within this PUD (redivision of Parcels 1 and 2B) proposed be waived. The
adjacent open space is adequate for the community of which this parcel is a part. More
efficient use and support for the maintenance and caretaking of that open space with
additional residence of this PUD (parcel 1 is already accepted into the Ranch at Roaring
Fork Subdivision Homeowners Association, refer to Exhibit 17).
The design of the subdivision will preserve and maintain the natural features of the
terrain.
Garfield County P.U.D. and Subdivision Application
Stryker/Brown Architects
300 S. Spring St., Aspen, Co. 81611
925-2254, fax: 925-2258
5. The PUD shall provide for variety in housing types and densities, other facilities and Common Open
Space.
This PUD provides for variety in housing types and densities. Other facilities, open space
and recreational facilities, are the shared amenities of the Ranch at Roaring Fork, not
within this PUD but adjacent to it and shared by the users of this PUD. Refer to Exhibit 5.
6. The PUD shall provide adequate privacy between dwelling units.
Significant privacy is provided between the predominately single family homes. The
duplexes also will have highly insulated party walls and private patios/ decks where
possible.
7. The PUD shall provide pedestrian ways adequate in terms of safety, separation, convenience, access
to points of destination and attractiveness.
The low density nature of the residences and the overall layout provide for safe pedestrian
ways that are convenient to all units. The riparian zone adjacent to Blue Creek (the
southern border of the Parcels) will be a "Fisherman's Easement" and pedestrian way
accessable to all units. There will also be a "Pedestrian Access Easement" between Lot 7
and Lot J1. This pedestrian easement will connect the Cul -de -Sac with Blue Creek and the
Fishermans easement.
August 25, 1996 page 5 of 13
Ranch Creek PUD/Subdivision
Ranch at the Ranch at Roaring Fork
Parcels 1 and 2B, Phase 11,
(Roaring Fork Ranch)
4.07.04
The maximum height of buildings may be increased above the maximum permitted for like buildings in
other zone districts in relation to the following characteristics of the proposed building:
1. Its geographical location;
2. The probable effect on surrounding slopes and mountainous terrain;
3. Unreasonable adverse visual effect on adjacent sites or other areas in the immediate vicinity;
4. Potential problems for adjacent sites caused by shadows, loss of air circulation or loss of view;
5. Influence on the general vicinity, with regard to extreme contrast, vistas and open space; and
6. Uses within the proposed building.
No structures will be greater than the height limit of 35'.
Garfield County P.U.D. and Subdivision Application
Stryker/Brown Architects
300 S. Spring St., Aspen, Co. 81611
925-2254, fax: 925-2258
4 0 .05
The minimum lot areas and the minimum setback restrictions may be decreased below and the maximum
lot coverages may be increased above those applicable to like buildings in other zone disticts to
accomodate specific building types with unusual orientation on the lot or relationship between buildings.
The averaging of lot areas shall be permitted to provide flexibility in design and to relate lot size to
topography, but each lot shall contain an acceptable bilding site. The clustering of development with
usable common open areas shall be permitted to encourage provision for, and access to, common open
areas and to save street and utility construction and maintenance costs. Such clustering is also intended
to accomodate contempoary building types which are not spaced individually on their own lots but share
common side walls, combined service facilities or similar architectural innovations, whether or not
providing for separate ownership of land and buildings. Architectural style of buildings shall not be a basis
for denying approval of a PUD application.
The "Schedule of lot Sizes and Design Criteria" follows on Exhibit 6. The setbacks are
noted on the Preliminary Site Plan , Exhibit 7, and defined the "Schedule of Lot Sizes and
Design Criteria".
20 of the 21 lots contain single family residences will have traditional side, front and rear
yard setbacks, and attached garages for the primary dwelling with uncovered parking for
the ancillary unit. Lot J5 contains 4 duplexes (to be condominiumized) with 8 dwelling
units. The parking for lot J5 is not enclosed. The duplexes on lot J5 share side walls (party
walls) between units.
The lots as designed are clustered to share infrastructure, roads, utilities, views of open
space, access to common open areas and recreational amenities, and create individual
private space for each unit. The clustering as designed will allow for cost savings of street,
utility and maintenance costs as intended by the PUD ordinance.
The overall residential density shall be no greater than four (4) dwelling units per acre within the PUD;4.07.06
provided, however, that the County Commissioners may allow an increase to a maxin
of fifteen (15) dwelling units per gross acre in areas where public water and sewer
systems, owned and operated by a municipal government or j,ecial district (as
defined by Section 32-1-103(20), C.R.S.) are readily available and the prior zoning
classification allowed residential densities greater than four (4) dwelling units pet
g_c_r_g such densities being determined by reference to the maximum lot coverage, minimum setback,
page 6 of 13
August 25, 1996
Ranch Creek PUD/Subdivision
Ranch at the Ranch at Roaring Fork
Parcels 1 and 28, Phase ll,
(Roaring Fork Ranch)
4.07.07
Garfield County P.U.D. and Subdivision Application
Stryker/Brown Architects
300 S. Spring St., Aspen, Co. 81611
925-2254, fax: 925-2258
maximum floor area ratio, maximum building height and parking standards of such prior zoning
classification. The overall average residential density shall be calculated by summing the number of
residential dwelling units planned within the boundary of the PUD and dividing by the total gross area
expressed in acres within the boundary of the PUD. Averaging and transferring of densities within the
PUD shall be allowed upon a showing of conformance to the purposes of this section through appropriate
utilization of the area within the PUD to achieve high standards of design and livability. The density of
dwelling units in any particular area may be greater than the maximum permitted for a like use in other zone
districts. (A. 83-93)
Please refer to Exhibit 16 which addresses these issues in detail.
The Ranch at Roaring Fork Homeowners Association (Water and Sewer Special District)
has agreed to service this PUD with water and sewer services. Refer to Exhibits 18, 19, 20,
21, 22, 23, the existing recorded water and sewer service agreements between the Water and
Sewer District and the Applicants. Because such services are available from a Special
District, and because Parcel 1, D Units has current zoning approval for a Condominium
Hotel of 58+/- dwelling units (greater than 10 units per acre for the parcels under
consideration), this PUD is eligable to request the County Commissioners to grant a density
greater than 4 per acre. The PUD is on 5.586 acres and approval for 28 dwelling units plus
20 ancilliary dwelling units is requested, bringing the overall density to 5.013 units per
acre, discounting the ancillary units, 8.6 units per acre including the ancillary units.
The result of this 5.013 unit per acre density, if granted, will achieve a residential project
that exhibits a high standard of design and livability.
4.07.08
The minimum number of acres that may comprise a PUD is two (2) acres.
The PUD is on 5.586 acres, greater than the 2 acre minimum.
All uses which are permitted in any other zone district may be permitted in PUDs subject to the provisions
of Section 4.06 hereof. Without limiting the generality of the foregoing, the following uses, separate or in
combination, may be permitted in PUDs:
1. Single-family and multiple -family residential dwelling units in detached, semi-detached, attached,
groups of attached, clustered or multi -storied structures, or any combination thereof;
2. Sale or rental of goods or services;
3. Recreational facilities;
4. Public and private offices;
5. Mobile home parks;
6. Convention facilities;
7. Restaurants;
8. Public utilities and facilities;
9. Lodging places, including motels, hotels, lodges and dormitories;
August 25, 1996 page 7 of 13
Ranch Creek PUD/Subdivision
Ranch at the Ranch at Roaring Fork
Parcels 1 and 2B, Phase Il,
(Roaring Fork Ranch)
10. Schools and other educational institutions;
Garfield County P.U.D. and Subdivision Application
Stryker/Brown Architects
300 S. Spring St., Aspen, Co. 81611
925-2254, fax: 925-2258
4.07.09
11. Churches and hospitals;
12. Business and commercial uses
13. Industrial uses.
The uses which shall be permitted in any particular PUD shall be those permitted by the resolution zoning
the particular area PUD.
This PUD requests only the use of residential dwelling units in detached and attached
(duplex) configurations.
Twenty-five (25) percent of the total area within the boundary of any PUD shall be devoted to Common
Open Space; and not more than fifty percent (50%) of the Commn Open Space is an area of water.
Provided, however, that the County Commissioners may reduce such requirement if they find that such
decrease is warranted by the design of, and the amenities and features incorporated into, the Plan and
that the needs of the occupants of the PUD for Common Open Space can be met in the proposed PUD.
4)4\ The Common Open Space of the Ranch at Roaring Fork is very large (350+/- acres), and is
adjacent to the PUD parcel in question. The original developer of the Ranch at Roaring
Fork created an agreement for the shared use of the recreational and COMMON OPEN
SPACE amenities by the Ranch proper and the users of this PUD's parcels. Refer to
ibit 5. I request that due to the signifcant and accessable nature of the open space in
this "community" and the design of and the amenities and features incorporated into, the
strict requirements for "OPEN SPACE" within the PUD proposed be waived. The needs of
the occupants of the PUD for Common Open Space can be met by continuing to share the
existing Open Space and recreational amenities of the Ranch at Roaring Fork. These
amenities include:
9 hole par 3 golf course, 2 tennis courts, skeet shooting, 1 mile river
frontage on the Roaring Fork River, Common Horse Pasture,
riverfront open space with an intensive trail system.
This PUD is a redivision of part of the larger Subdivision which is the Roaring
Fork Ranch (aka, Ranch at Roaring Fork). The creation of the entire
subdivision created the significant open space which served this PUD's
parcel(s).
4.08 PUD PROCESSING
4.08.01
The approval of a PUD constitutes a Zone District Amendment, and a PUD is established by rezoning an
area in an existing zone district to PUD pursuant to the provisions of this Zoning Resolution and all
applicable provisions of Title 30, Article 28 and Title 24, Article 67, C.R.S. The County commissioners are
hereby declared to be the board authorized to review PUD applications pursuant to Section 24-67-
104(1)(c), C.R.S. Each PUD application shall be reviewed and approved, disapproved or conditionally
approved by the county Commissioners within one hundred twenty (120) days of its initial filing. The
approved PUD zoning and the approved PUD Plan are inseparable and a PUD shall not be established
without the approval of the related PUD Plan. The approved PUD zoning and the approved PUD Plan
together establish the uses permitted in lieu of the zone district regulations which were theretofore
August 25, 1996 page 8 of 13
Ranch Creek PUD/Subdivision
Ranch at the Ranch at Roaring Fork
Parcels 1 and 2B, Phase ll,
(Roaring Fork Ranch)
applicable.
4.08.02
Garfield County P.U.D. and Subdivision Application
Stryker/Brown Architects
300 S. Spring St., Aspen, Co. 81611
925-2254, fax: 925-2258
An applicant shall process his application for PUD zoning under this Zoning Resolution separate from and
in advance of his application or applications for subdivision platting under the Garfield County Subdivision
Regulations.
Application for Subdivision (redivision) of these lots is requested. A concurrent review and
approval process is requested.
4.08.03
The plan shall show generally where within the PUD each type of use will be located and shall indicate the
total acreage which will be devoted to each use. The precise location of each use and the location of lots,
blocks or other parcels within each area devoted to each use shall be shown as that area is thereafter
subdivided and platted in accordance with the Garfield County Subdivision Regulations. (A. 79-132)
4.08.04
4.08.05
Refer to Exhibit 7:
the PRELIMINARY SITE PLAN.
The uses by right, conditional uses, minimum lot area, maximum lot coverage, minimum setbacks,
maximum height of buildings and all other use and occupancy restrictions applicable to any area zoned as
PUD shall be those which are approved by the County Commissioners at the time such area is so zoned.
Refer to Exhibit 7:
the PRELIMINARY SITE PLAN, and the Schedule of Lot Sizes and Design Criteria
(Exhibit 6).
The applicant shall include with his written request for PUD zoning:
1. A statement of the ownership interest in the property to be included in the PUD and the written
consent of all of the owners;
OWNERS:
Parcel 1, D Units, Phase II, Town Center and D Units: Jane J. Jenkins.
Refer to Exhibit 4 for the proof of Ownership and to Exhibit 25 for her consent for her parcel
to be included in this PUD.
Parcel B, Redivision of Parcel 2, Phase II, Town Center and D Units:
Stagecoach Associates , Ltd. Refer to Exhibit 1, letter from John Wix, General Partner for
Stagecoach Associates, for David P. Brown of Stryker/Brown Architects to represent the
Owners. Refer to Exhibit 1A for proof of Ownership for Parcel 2B.
2. A Plan indicating the broad concept of the proposed developmenht. Such Plan shall indicate:
Refer to Exhibit 7, the Preliminary Site Plan.
(A) The maximum number of dwelling units proposed within the
overall area;
The maximum number of dwelling units on the plan is Twenty Eight, (28) not counting the
ancillary units, and fourty eight (48) including the ancillary units.
Refer to Exhibit 7, the PRELIMINARY SITE PLAN, and Exhibit 6, The Schedule of Lot
Sizes and Design Criteria
August 25, 1996 page 9 of 13
Ranch Creek PUD/Subdivision
Ranch at the Ranch at Roaring Fork
Parcels 1 and 2B, Phase ll,
(Roaring Fork Ranch)
Garfield County P.U.D. and Subdivision Application
Stryker/Brown Architects
300 S. Spring St., Aspen, Co. 81611
925-2254, fax: 925-2258
(B) The minimum acreage which will be dedicated to Common
Open Space;
The minimum acreage dedicated to Common Open Space is the land under the Pedestrian
and Fisherman's Easements: about 1.33 Acres. Other Common Open Space in the
subdivision of which this parcel is a redivsion of Phase II, is already dedicated as part of
the Roaring Fork Ranch Subdivision (350+/- Acres) .
(C) The type of uses proposed and the acreage devoted to each
use;
The entire PUD is proposed to contain single family attached (duplex) and detached
residential dwelling units on 5.586 Acres.
(D) Major internal circulatioin systems;
The "major" internal circulation system are to be two streets.
One road named: "Spur Creek", and a road named "Saddle Creek". Several of the
residences will be served by the existing perimeter roads: Highway 82 frontage road,
Stagecoach Drive, and Stagecoach Lane.
(E) The acreage which will be dedicated for school sites;
None, however if the School Board requests, a small parcel at Stagecoach Lane and Saddle
Creek will be dedicated for a school bus stop and shelter.
(F) The general nature and locaton of commercial and
industial uses, if any, to be located in the PUD;
None.
(G) Provision for water, sewer, telephone, electricity, gas and
cable television, if applicable; and
Telephone will be provided by US West. Refer to Exhibit 10.
Natural Gas will be provided by KN Energy. Refer to Exhibit 9.
Electricity will be provided by Holy Cross Electric Association. Refer to Exhibit 8.
Cable Television will be provided by TCI Cable. Refer to Exhibit 11.
Water and Sewer Service will be provided by the Ranch at Roaring Fork Homeowners
Association utility services. Refer to Exhibit 12, letter from Mclaughlin Water Engineers,
consulting engineers to the Ranch at Roaring Fork Homeowners Association. Also, refer to
Exhibits 16,18,19, 20, 21, and 23, the Water and Sewer services agreements for the two
parcels within this PUD. Design work is in progress to upgrade the water and sewer
facilities to service this PUD. Completion of the plant expansion is targeted to late
summer to early fall of 1997, prior to occupancy of any dwelling units in this PUD.
(H) Other restrictions proposed by the applicant such as building
setbacks, height limits, access requirements and grade or slope restrictions to be applied to particular
areas;
Refer to the PRELIMINARY PLAN, Exhibit 7, and the Schedule of Lot Sizes and Design
Criteria (setbacks, etc.), Exhibit 6.
The buildings will not exceed the current 30' height limit.
The buildings will not be placed in the riparian areas as defined by the Wetlands
Consultant as shown on the Survey and Preliminary Site Plan.
No other slope, grade, or access restrictions are currently anticipated.
August 25, 1996 page 10 of 13
Ranch Creek PUD/Subdivision
Ranch at the Ranch at Roaring Fork
Parcels 1 and 2B, Phase ll,
(Roaring Fork Ranch)
Garfield County P.U.D. and Subdivision Application
Stryker/Brown Architects
300 S. Spring St., Aspen, Co. 81611
925-2254, fax: 925-2258
f ilitie
3. A regional location map showing the relatioinship of the site of connecting roadways, publicac s,
commercial and cultural facilities and surrounding land uses;
Refer to Exhibit 26, a regional location map,
and Exhibit 27, an adjacent uses map.
4. A site map illustrating site boundaries, acreage, existing structures and the existing zoning;
Refer to the Survey and Topographic Map (existing structures and site boundaries, and
existing acreage), Exhibit 13.
and Exhibit 28, Existing Zoning Map: Final Plat Phase II, Town Center and "D" Units,
Roaring Fork Ranch, Garfield County. The existing zoning is for PD, planned development,
specifically citing: hotel, shops, and service facilities.
5. A site topographic map showing at least five-foot contour intervals, major vegetation elements,
streams, rivers, ditches and areas subject to 100 year flooding;
Refer to the Site and Topographic Map, Exhibit 13.
The site is not subject to 100 year flooding according to McLaughlin Water Engineers
analysis of the Core of Engineers' FEMA Mapping.
6. A legal description of the area which the applicant wishes to include in the PUD;
Parcel B, Redevision of Parcel 2, Phase II, Town Center and "D" Units, Ranch at Roaring
Fork Final Plat,
and
Parcel 1, Final Plat, Phase II, Town Center and "D" Units, Roaring Fork Ranch
7. A written statement containing the following information:
(A) An explanation of the objectives to be achieved by the PUD;
Due to the critical shortage of housing opportunities in the Roaring Fork Valley, this
project attempts to provide for necessary housing conveniently located to transportation
(adjacent to and existing RFTA bustop), commercial uses (the site is midway between
Carbondale and El Jebel) and educational facilities in and near the Town of Carbondale,
and significant recreational facilities in the Ranch at Roaring Fork.
(B) A development schedule indicating the approximate dates when construction of the variioius
stages of the PUD can be expected to begin and completed;
Infrastructure Construction (roads and utilities): 1997-1998, or within 24 months of the
approval of the PUD/ subdivision.
Home Construction: 1997-2000, or within 48 months of the approval of the PUD/
subdivision.
(C) Copies of any special covenants, conditions and restrictions, which will govern the use or
occupancy of the PUD; provided, however, that the applicant may impose additioinal covenants,
conditions and restrictions on any particular area in connection with the platting of such area;
Parcel 1 (Jenkins, Tri -J), is currently within the Ranch at Roaring Fork Homeowners
Association and is governed by the Covenants of that Subdivision (refer to Exhibit 23:
First Amendment Amended Declaration for the Ranch at Roaring Fork, recorded Book 551,
Page 429.
August 25, 1996 page 11 of 13
Ranch Creek PUD/Subdivision
Ranch at the Ranch at Roaring Fork
Parcels 1 and 28, Phase 11,
(Roaring Fork Ranch)
Garfield County P.U.D. and Subdivision Application
Stryker/Brown Architects
300 S. Spring St., Aspen, Co. 81611
925-2254, fax: 925-2258
Parcel 2B (Wix/ Brown) is not currently governed by those covenents, however, upon
completion of construction of each of the homes designed for Parcel 2B, will apply for
inclusion within the Ranch at Roaring Fork Homeowners Association. Should the Ranch at
Roaring Fork elect not to include parcel 2B, that parcel will adopt Covenants substantially
similar to the Covenants of the Roaring Fork Homeowners Association.
No divisions or redivisions of lots will be permitted to give the ancilliary dwelling units
separate ownership. The ancillary dwelling units will be for the benefit of the owners of
the principal dwelling unit to which it shares a lot or is attached, an may be rented by the
Owner at Owners discretion, however, no more than one car will be permitted to be owned
by the tenant of the ancillary dwelling unit, and no more than two adults or one adult and
two children will be permitted to occupy the ancillary dwelling unit.
(D) A list of the owners of properties located within three hundred (300) feet of the boundaries
of the PUD and their addresses;
Refer to Exhibit 29.
(E) A statement by a licensed engineer which shall provide evidence of the following:
(i) The proposed water source adequate to service the
PUD;
(ii) The proposed method of sewage treatment;
(iii) The general manner in which storm drainage will
be handled; and
(iv) The general manner in which provision will be
made for any potential natural hazards in the area
such as avalanche areas, landslide areas, flood
plain areas, and unstable soils;
Refer to Exhibit 12, Civil Engineers Report.
(F) Easements showing vested legal access for ingress and egress from a public road to the
PUD; and
Both parcels: Refer to Exhibit 13: Survey and Topographic Map, Parcels 1 and 2B, Phase II,
Roaring Fork Ranch.
Parcel 2B: Refer to Easements and rights of way as shown on the recorded plat of
Redivision of Parcel 2, Phase II, Town Center and D Units, of Roaring Fork Ranch Final
Plat. (Exhibit 24), and to the Road Easement, Exhibit 14, and to the Exhibit 14A, the First
Amendment to the Amended Declaration for the Ranch at Roaring Fork, pagees 14-15,
recorded at Book 551, page 429, July 8, 1980.
Parcel 1: refer to Exhibit 31, Site Plan, Parcel No. 1, Phase II, Roaring Fork Ranch.
(G) Evidence that the PUD has been designed with the consideration of the natural environment
of the site and surrounding area and does not unreasonably destroy or dislace wildlife, natural vegetation
or unique natural or historical features.
The site is currently occupied by an gravel parking lot (Parcel 2B)surrounding the former
and currently non operating Relay Station Bar and Restaurant (Parcel 2A), and on Parcel 1:
storage barn, and two residential structures. These areas have no wildlife, natural
vegitation or unique natural historic features.
August 25, 1996
page 12 of 13
Ranch Creek PUD/Subdivision
Ranch at the Ranch at Roaring Fork
Parcels 1 and 28, Phase ll,
(Roaring Fork Ranch)
Garfield County P.U.D. and Subdivision Application
Stryker/Brown Architects
300 S. Spring St., Aspen, Co. 81611
925-2254, fax: 925-2258
The existing structures on Parcel 1 were moved from other locations to this site and we
anticipating relocating the small residential structures during construction of
infrastructure.
Bill Johnson, of Earth Resources walked the site in Spring of 1996, and staked the apparent
riparian area of the site. That area generally follows the toe of the bench on the south of
the site adjacent to Blue Creek. The line (of the riparian zone) created by Johnson's stakes
is shown on the Survey and Topographic Map, Exhibit 13. The existing sewer easement
along Blue Creek generally is the edge of the area not in the riparian zone.
The Civil Engineers Report, Exhibit 12, and the Preliminary Civil Engineering Site Plan,
Exhibit 12A, reviews and show the the mitigation/detention of storm water and other
drainage issues, and the flood plain (not on this site).
The Preliminary Site Plan, Exhibit 7, shows the new structures planned to stay out of the
area with natural vegetation and the riparian zone adjacent to Blue Creek. The area at
the toe of the bench along Blue Creek is to have a Fishermen's easement, for pedestrian
access by Fishermen.
The applicant may submit any other information or exhibits which he deems pertinent in evaluating his
proposed PUD. (A. 79-132)
None.
August 25, 1996 page 13 of 13
List of Exhibits, Ranch Creek
Parcels 1 and 2B, Phase 11
Ranch at the Ranch at Roaring Fork
(Roaring Fork Ranch)
Garfield County P.U.D./Subdivision Application
Stryker/Brown Architects
300 S. Spring St, Aspen, Co. 81611
925-2254, fax: 925-2258
LIST OF EXHIBITS
1. Authorization for David P. Brown to represent Stagecoach Associates (by John Wix, for Parcel 2B,
Phase II, Roaring Fork Ranch).
1A. Proof of Ownership: Title Insurance Commitment naming StageCoach Associates, Ltd., Owner
Parcel 2B, Redivision of Parcel 2, Phase II, Town Center, Roaring Fork Ranch.
2. Authorization for David P. Brown to represent Jane J. Jenkins (for Parcel 1 and "D" Units, Phase II,
Roaring Fork Ranch).
3. Revocation of Parking License (by John Wix, Stagecoach Associates, recorded at Book 970, Page 626,
March 18, 1996, reception number 490344 ).
4. Proof of Ownership: Warrenty Deed for Parcel 1 and "D" Units, Phase II, Roaring Fork Ranch, by
Jane J. Jenkins.
5. Agreement to share Open Space and amenities: Refer to Exhibit 14B: The First Amendment to
Amended Declaration for Ranch at Roaring Fork, Book 551, Page 429, Article 7.3.
6. Schedule of Lot Sizes and Design Criteria.
7. Preliminary Site Plan, dated August 25, 1996.
8. Utility Service Capability Letter, from Holy Cross Electric Association.
9. Utility Service Capability Letter, from KN Energy (natural gas).
10. Utility Service Capability Letter, from US West (telephone).
11. Utility Service Capability Letter, from TCI Cable (television).
12. Civil Engineers Report: Water, Sewer, Drainage, Flood Plain, Fire Protection, by McLaughin
Water Engineers, Ltd. dated July 22, 1996.
12A. Preliminary Civil Engineering Site Plan, Water, Sewer, and Drainage Facilities, July, 1996.
13. Site and Topographic Map, prepared by Lines In Space, Survey Engineers.
14A. Access Easement via Roads of the County, agreement for Access, dated Feb. 28, 1983.
14B. Access to Roads and Open Space of the Ranch at Roaring Fork: The First Amendment to Amended
Declaration for Ranch at Roaring Fork, Book 551, Page 429, Article 7.3.
15. Geotechnical Report, "Preliminary Geotechnical Investigation, Parcels 1 and 2B" Phase II, Ranch
at Roaring Fork, prepared by CTL/Thompson, Inc., dated April 26, 1996.
16. History of the Parcels, August 20, 1996. Chronological history of the land use approvals, uses and
August 25, 1996 page 1 of 3
List of Exhibits, Ranch Creek
Parcels 1 and 28, Phase 11
Ranch at the Ranch at Roaring Fork
(Roaring Fork Ranch)
utility aggreements.
Garfield County P.U.O./Subdivision Application
Stryker/Brown Architects
300 S. Spring St., Aspen, Co. 81611
925-2254, fax: 925-2258
17. The agreement made July 26, 1990 between RFR Partners and the Ranch at Roaring Fork
Homeowners Association (Homeowners), agreed to a development of no more than 25 Condominium
Units. Recorded at Book 864, page 243, states in article 8, "Homeowners agree that in consideration of
the mutual promises and covenants contained in this Agreement and for the covenants implicit in this
Agreement for RFR to voluntarily down zone Condominium Parcel No. 2 from 40 condominium units to
not more than 25 condominium units, Homeowners agree to affirmatively support RFR's land use and
zoning applications and proceedings to secure the right to develope Condominium Parcel No. 2 as
contemplated by this Agreement. Such support shall include providing a written letter in
unconditional support for RFR in such land use process."
18. The aggreement made July 26, 1990 between RFR Partners and the Ranch at Roaring Fork Home
Owners Association (RRFHOA), RRFHOA agreed to provide water and sewer facilities for 25
Condominium Units. System development, tap and connection charges, i.e., "tap fees" are recited in
that agreement. This is the same as Exhibit 17 above.
Article 4.d: Water and Sewer Facilities states:
"Homeowners represent to RFR that the currently existing and owned water rights, water and sewer
facilities and all approvals and permits therefore are in good standing and sufficient and adequate in
scope, integrity and capacity to serve the Condominium Parcel No. 2 (Tri -J) for the uses and demands
contemplated by this Agreement."
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
"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 Tanuary 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.
August 25, 1996 page 2 of 3
List of Exhibits, Ranch Creek
Parcels 1 and 2B, Phase 11
Ranch at the Ranch at Roaring Fork
(Roaring Fork Ranch)
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.
24. Redivision (Plan) of Parcel 2, Phase II, Town Center and "D" Units, Roaring Fork Ranch, Final
Plat.
25. Consent letter from Jane J. Jenkins to have Parcel 1, Phase II, included in this PUD application.
Refer to Exhibit 2.
26. Regional Location Map (partial USGS Carbondale Quad).
27. Adjacent Uses Map.
28. Existing Zoning Map: Final Plat, Phase II, Town Center and "D" Units, Roaring Fork Ranch.
29. List of Owners of Properties located within 300' of the boundaries of the PUD and their addresses.
30. Site Plan, Parcel No. 1, Phase II, Town Center and "D" Units, Roaring Fork Ranch.
31. USDA Soil Conservation Service Map.
Garfield County P.U.D./Subdivision Application
Stryker/Brown Architects
300 S. Spring St., Aspen, Co. 81611
925-2254, fax: 925-2258
August 25, 1996
page 3 of 3
[1
lj
)4A I 1
REAL ESTATE INVESTMENT AND MANAGEMENT
February 1, 1996
TO WHOM IT MAY CONCERN:
FL 1 T ] FL
E.
BOX 1730 303/927-3942
BASALT, COLORADO 81621
Re: Parcel B, Redivision of Parcel 2, Phase II, Town Center and
"D" Units of Ranch -at -Roaring Fork -Final Plat, in Lot 2,
Section 36, T. 7 S., R. 88 W. of the Sixth Principal Meridian
Be advised that David Brown, the contract purchaser of captioned prop-
erty, hereby is authorized by the Owner, Stagecoach Associates, Ltd.,
a Colorado limited partnership, through its corporate general partner,
STAGECOACH LIMITED, to do and perform all acts and procedures that may
be appropriate and necessary in the application for and accomplishment
of obtaining approval for a Planned Unit Development of said property.
Thank you for your attention.
Sincerely,��
"5.-41
/.
John Wix, President
STAGECOACH LIMITED,
the General Partner of
Stagecoach Associates, Ltd.,
Owner
4kt t� tT IA -
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, PHASE 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
yrkrA0
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)
FILE NO. 9601014
SCHEDULE B -SECTION 2
Schedule 8 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 taw
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 may be located in a special taxing district;
b) A certificate of taxes due listing each taxing jurisdiction shall be obtained
from the County Treasurer or the County Treasurer's 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 1, Items (b).(2) Unpatented mining claims;
reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes,
assessments and unredeemed tax sales.
American Land Title Association Commitment
Schedule 8 - Section 2
Form 1004-12
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 and conditions set forth in letter recorded July 12, 1993 in
Book 868 at Page 424 regarding the encroachment of a barn into the
subject property.
14. Easements and rights of way as shown on the recorded plat of
Redivision of Parcel 2, Phase II, Town Center and D Units, of Ranch
at Roaring Fork Final Plat.
(page 2)
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.
FILE NO. 9601014
The
1.
SCHEDULE B — SECTION I
following are the requirements to be complied with:
Instrument creating the estate or interest to be insured must be
executed and filed for record, to wit:
a. Warranty Deed from Stagecoach Associates, Ltd., a Colorado
Limited Partnership, vesting fee simple title in a purchaser
to be determined.
consideration to, or for the account of, the Grantors or
2. Pay the full
Mortgagors.
3. Pay all taxes
premises, which are due
4. Satisfactory evidence
alterations thereto are
, charges, assessments,
and payable.
should be improvements and/or
completed; that contractor, sub -contractor, Labor and
materialmen are all paid; and have release of record all liens or notice of
intent to perfect a lien for labor or material.
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.
levied
and
assessed
against
had that
subject
repairs
*****THE COMPANY RESERVES THE RIGHT TO MARE ADDITIONAL
REQUIREMENTS AND/OR EXCEPTIONS WHEN THE DETAILS OF THIS
TRANSACTION ARE KNOWN
NM 6
American Land Title Association Commitment
Schedule B - Section 1 - Form 1004-5
Aug -28-96 1O:03P James M. Jenkins 970-925-4346 P.02
ex.kcviT 2
Janc J. Jenkins
Box 4152
Aspen, CO 81612
August 28, 1996
Board of County Commissioners, Garfield County
Planning Department, Garfield
County Court House
Glenwood Springs, CO 81601
Re: Application for PUD
Parcel 1, Phase III, Town Center & "D" Units, Roaring Fork Ranch,
Garfield County, Colorado
Permission for representation of above.
1.adies & Crentlemen,
1, Jane J. Jenkins, request that my parcel, named above, be included in a PUD with another
parcel. The other parcel is known as Parcel B, ReDivision of Lot 2, Phase II, Roaring
Fork Ranch, Garfield County. I hereby give permission to David P. Brown.
StrykerfBrown Architects, to represent me in the application for the subject PUL) &
Subdivision.
Thank you for your consideration in this matter.
Sincerely,
Jane J. Jenkins
MAR -16-1996 17:30 THUNDER RIUER REALTY
)e.441 SIT 42
9273699 P.01
NOICE OF
TEiMINATION OF LICENSE
THAT, WHEREAS, ON September 22, 1986, Stagecoach Associates, Ltd., as the
rightful owner of lands adjacent to a restaurant and bar operation in Garfield
County, Colorado, known as the Relay Station, owned by Phillip P. Henke, did
enter with Henke into a PARKING AGREEMENT, RIGHT-OF-WAY AND NON-COMPETITIVE
AGREEMENT ("Agreement"), which document was recorded in the Garfield County
Office of Clerk and Recorder on September 29, 1986, as Reception No. 374872,
in Book 695 at Page 888; and
WHEREAS, the Agreement grants a license to Henke and the Relay Station for
use by the customers and patrons of the Relay Station Restaurant and Bar, or
any successor restaurant and bar, to use up to fifty (50) parking spaces on
the land of Stagecoach Associates, Ltd. during the hours between 6:00 o'clock
P.M. and 2:00 o'clock A.M. conditioned with the provision: THIS LICENSE TO
USE SAID SHARED PARKING FACILITIES SHALL EXIST ONLY SO LONG AS HENKE OR HIS
SUCCESSORS OR ASSIGNS CONTINUE TO OPERATE A RESTAURANT AND BAR ON PARCEL A;
and
WHEREAS, for an extended period of months in 1995 and 1996 the enterprise
operated as a bar only without the preparation and service of food as required
by the Agreement for a restaurant operation until the recent opening of the
COOL BEANS full service restaurant on the premises and, further, the proprietor
of COOL BEANS closed the restaurant operation and departed the premises on
or about March 11, 1996, because the County of Garfield, at Noon of March 11,
1996, closed the premises for Building Code violations; and
WHEREAS, THE Agreement further provides that Henke shall deliver to
Stagecoach Associates, Ltd. proof of liability insurance protection to
indemnify Stagecoach Associates, Ltd. against loss arising from use by the
Relay Station, its successors, assigns, patrons and customers of the shared
parking facilities, and no such proof has been delivered.
NOW, THEREFORE, unless good cause is shown in writing by the owner of
Parcel A on or before March 22, 1996, why the Agreement has not terminated
for violation of the terms thereof, it shall then be deemed terminated.
Stagecoach Associates, Ltd.
by
Jo Wix, PrefZit,
STAGECOACH LIMITED
the General Partner
State of Colorado
County of Eagle
The foregoing instrument was acknowledged before me this /S - day of March,
1996, by John Wix as President of STAGECOACH LIMITED, the general partner of
Stagecoach Associates, Ltd.
My Commission expires:
Notary ' •••1ic
TOTAL P.01
07/02/96F
2 905
L
Ub410:44 P-239g005/16/96211.42A PG 1�I OF02S ETC.
MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER
.. t
'THIS DEED, Meda this
WARRANTY DEED
day of
May
RFS DOC NOT
11.00
19 96, between Marie P. John Revocable Trust, Dated
August 8, 1973
of We ' County of p i t k i n =el State of
Colorado_ grsaiar.and Jane J. Jenkins
whine legal address is
Q003
x+4-1Drr 9 --
of the Costa y of Pitkin and Stale of Colorado. grant
WITNESSETH. That the grantor Ear and m cansiderauoct of an tensa of
Ten and 00/100 pgl,gq_
thertrztipt sad nd5veimey of. 11,s butyl arcimarrlrdYsds has gpipird. bark' =Poi. sola and coutment. aid by (hose presents. Goss gran. bargain. mil.
convey #nd confirm. unto the meager. his bun rid assigns famcr. W the real property together wish inionn+amaa. deny. =name. 1
ging egad holing in the
County of Garfield and Stam of Colorado dm a rd ed ss follows:
As set forth on Exhibit "A" attached hereto and made a part
hereof.
as known by taw and izamber as.
TOGETHER with all and singular the hmeditantteas and appurtenances therm belonging. or in anywise appertaining. and she reserniou and
rttiemoni. remainder and c—aindes. tom. Mattes and profs Meteor, and all (e muse. right. Luse, intim. claim and demand whatsoever of the
grantor. other in lzw or rx.iey. c f. In and to the above bargained peareaas. with the hana:eaments said appurtenances.
TO HAVE AND TO HOLD the said pentanes above bargained and described. with the appratmaasa, unto the grantee, hia betas and animas
forever. And the grantor, for himself, his heirs. and pee tonal repremorativss, dors covenant, grunt, bergna, mad ager to and with the ginneea, his bees and
assign*. that at the tit= of the easeading and deli ig y ae t1Nae ersi ngs. bs is wcu ova,¢ 4f tis ptctaire: mare conveyed. has goon. sone, pert. abeolnos
az d La4. SISCribiC esti. 9f 1z mance. in law. in Toe sirnpie, and has good right. fuU power and lawful authority to grant. bargain, sell and convey the same
in manner and farm as akansaid. and Ma the smut are fres and clear froen all forme and other status. bargaitrs. sates. liens. raja, asaesmmis.
esnunbratiem and restrictions of whatever kind - nature ftevv, circpr
The grantor shall and %al WARRANT AND FOREVER DEFEND the aho.e-bargained premises in the Tics and prat able possession of me gramme,
his heirs and amens, against all and Crary praon or pawing lawfully deinting the vrmola many pert thereat The singular number shell include th :plural,
the plural the singular. and the use of any grader shell bo epplieales to all 6°°cie6-
IN WITNESS WHEREOF the grantor has rtsa*md this deed m tba dale set
e J.
s, Co -Trustee
STATE OF COLORADO
Camty of
Pitkin
•
}-.
The foregoing instrwncat was aclowwledgod before roe this day of M a y . 19 96
by Jane J. Jenkins and James M. Jenkins, Co -Trustees of the Marie
P. John Revocable Trust, Dated August 8, 1973
My commission expires , 19 _ Wiir secs my band and otbvzal seal.
a NO AR __
"p"/�-0-0-0-S `G"!/!tel
POOr
4���i!�C iCOr,NR+'ta
'If is Denver, insert "-City atetrVcotAutacrrmj Gvarnr=e-
JULY 26. 1999
y &obi.
Nine and address dl rase ohms Neay Ceras tit Dewe if 3s,I5.49 4, i.R3J
No 932A. Revs 7-8d. waNIIANiv 04SD tsar. remincresvrte a44:.O
1)radford rableaits. 1743 Wares SL. Omen. CO 10202 — (snit 292-25RJ — lL9)
07/02/96 10:44 FAX 602 905 0812 MAIL BOXES ETC. lit 007
493064 B-978 P-240 05/16/96 11:42A PG 2 OF 2
Exhibit "A"
Legal Description
r
A part of Lots 2 and 8 in Section 36, Township 7 South, Range 88 West of the
6th P.M., described as follows:
Beginning at a point on the South right of way line of Stagecoach Lane
whence the Northeast corner of"said Sectoin 36 bears North 76 15'33" East, l
1883.81 feet; thence South 46 03'19" Es st, along said right of way line,
162.86 feet to the Northwest corner ofla tract conveyed to Jacobson by Deed r
recorded in Book 479 at Page 97; thence along the West line of said Jacobson1
tract, the following courses and distances:
South 6 552307_.West._.214_79 _feet: _.___ _ _.____ _
along a curve to the right having a radius of 433.34 feet and a central
angle of 7 55'14" (the long chord of which bears South 10 53'07" West, 41.34
feet), an arc distance of 59.9 feet; and South 14 50'44" West, 41.34 feet;
thence North 67 02'16" west, 140.89 feet;
thence North 47 00'34" west, 80.66 feet;
thence North 65 33'21" West, 48.33 feet;
thence North 59 02'10" West, 46.65 feet;
thence North 66 09'40" West, 141.03 feet;
thence North 47 49'59" West, 94.99 feet to a point on the boundary of a
tract conveyed to Jacobson by Deed recorded in Book 481 at Page 660;
thence, along the boundaries of said Jacobson tract, the following courses
and distances:
North 55 45' East, 150 feet;
South 44 25' East, 100 feet; and
North 56 40' East, 249.78 feet to the POINT OF BEGINNING.
ALSO KNOWN AS PARCEL 1
PHASE II ROARING FORK RANCH
ACCORDING TO THE PLAT RECORDED MARCH 14, 1978
AS RECEPTION NO. 284067
*)c. s
EXHIBIT 6
SCHEDULE OF LOT SIZES AND DESIGN CRITERIA
RANCH CREEK PUD/Subdivision Application1
Exhibit 6 1 1
25 -Aug -96
1
1
i 1
LOT Lot Size jUse
Open Space
Building
Driveway
House Size Front Rear 1Sides
Number (approximate) i
(not under bldg
Footprint
Coverage
floor area* Setback 1 Setback Setback
1 1
footprint)
(max)
(paved)
1 1
1 4870.78'sf (single family
3270:78
sf
1600
sf
460
2000-2200 sf 115' ;5'
3-20'+
2 7741.251 sf i single family
6141.25
sf
1600
sf
1060
2000-2200 sf :65' :5'
3-40'+
3 I 10409.07isf ;single family
8809.07
sf
1600
sf
1600
2000-2200 sf 180' j5'
3-50'+
4 ' 8149.621sf !single family
6549.62
sf
1600
sf
600
2000-2200 sf !30' 13'
3-55'+
5 7968.541 sf . single family
6368.54
sf
1600
sf
400
2000-2200 sf 30' :65'
5'
6 1 10816.71 sf
single family
9216.7
sf
1600
sf
375
2000-2200 sf .30' i 70'
5'
7
10992.8114
single family
9392.81
sf
1600
sf
600
2000-2200 sf '25'+ !75'
5'
8
8835.461sf single family
7335.46
sf
1500
sf
425
1800-2000 sf 60' + .15'
5'
9 7180.751 sf I single family
5680.75
sf
1500
sf
725
1800-2000 sf ' 50' + i 15'
5'
10 6784.81 !sf !single family
5284.81
sf
1500
sf
600
1800-2000 sf 50' + 15'
5'
11 5441.081 sf I single family
3941.08
sf
1500
sf
725
1800-2000 sf '30' + 15'
5'
12 7060.281 sf i single family
5560.28
sf
1500
sf
475
1800-2000 sf .15' + 15'
5'
13 13908.231 sf i single family
12533.23
sf
1375
sf
325
1600-1750 sf 25' 25'
20'
14 9724.381 sf i single family
8349.38
sf
1375
sf
500
1600-1750 sf 125' 115'
5'
15 , 6293.57 sf I single family
4918.57
sf
1375
sf
600
1600-1750 sf 25' 115' + 15'
16 1 6285.131 sf isingle family
4910.13
sf
1375
sf
600
1600-1750 sf 25' 20' 5'
J1 ' 17920.461sf (single family
15920.46
sf
2000
sf
900
2250-3000 sf 40' +/- 60' 110'
J2 18213.071sf ;single family
16213.07
sf
2000
sf
800
2250-3000 sf 40' +/- 50' ;10'
J3 19755.38! sf single family
17755.38
sf
2000
sf
800
2250-3000 sf 40' +/- 25' + 10'
J4 23382.51 sf single family
21382.51
sf
2000
sf
600
2250-3000 sf 15' +/- 50' + 10'-15'
J5 33941.02 :sf duplexes
27541.02
sf
6400
sf
4000
1350-1500 sf/unit 25' +/- 30' 30-40'
total . '
4.75
acres
NOTES:
1130' Height Limit all buildings
l
2, RE: 4.08.04 all uses are residential. Conditional use is home occupations with no employees.
3 . Minimum Open Space: 57,823 SF Fishermans and Pedestrian Easements, plus area not covered by buildings.
4i Maximum number of Dwelling Units: 20 Single Family (each with potential for an ancilliary (granny) unit,
8 dwellings in 4 duplexes.
5 Patios or Decks: 1000 sf maximum, not including front porches.
6, Setbacks drawn on the Preliminary Site Plan Supercede those above
*' Not including 400-500 sf ancilliary dwelling unit.
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5
LEGEND AND NOTES
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HOLY CROSS ELECTRIC ASSOCIATION, INC.
3799 HIGHWAY 82
P.O. DRAWER 2150
GLENWOOD SPRINGS, COLORADO 81602
August 19, 1996
Mr. David Brown
Stryker/Brown Architects
300 South Spring Street
Aspen, Colorado 81611
RE: New Lots Near Ranch At Roaring Fork
Dear Mr. Brown:
(970) 945-5491
(FAX) 945-4081
The above mentioned development is within the certificated service area of Holy Cross
Electric Association, Inc.
Holy Cross Electric Association, Inc. has existing power facilities located on or near the
above mentioned project. These existing facilities have adequate capacity to provide
electric power to the development, subject to the tariffs, rules and regulations on file. Any
power line enlargements, relocations, and new extensions necessary to deliver adequate
power to and within the development will be undertaken by Holy Cross Electric
Association, Inc. upon completion of appropriate contractual agreements.
Please advise when you wish to proceed with the development of the electric system for
this project.
Sincerely,
HOLY CROSS ELECTRIC ASSOC TION, INC.
J rey A. Franke,
Staking Engineer
JAF:rjm
AUG 21 '96 08:03 FR COLORADO/WYOMING
303 707 9618 TO 919709252258 P.02/02
Carole A. Veysey
700 W. Mineral Ave. Room CO J4.28
Littleton, Colorado
08/20/96 1
Mr. David Brown
Stryker/ Brown Architects
300 South Spring Street
Aspen, CO 81611 11
Dear Mr. Brown,
Per your request, U S WEST Communications will provide telephone service to the
Roaring Fork Subdivision Phase II in Carbondale Colorado as required by the tariffs filed
with the Colorado Public Utilities Commission.
For your information, in order to design the job and prepare the Land Development
Contract, we will need a copy of the final plat with addresses shown, open trench dates
and required service dates and any phasing schedules. This information should be
provided to us early in the planning stages to insure timely response.
If you have any questions, please call me at 303-707-8520.
Sincerely,
ak-ra-sai
Carole Veysey
U S WEST Communications
** TOTAL PAGE.02
AIIME
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Piieme
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July 22, 1996
McLaughlin Water Engineers, Ltd.
. - �.-,-.a.Yr.-.•
3..-:4.4A.-ti:k.,44p444 :ia».a • .4.ws4. ' i,,V-rny+1044044.4:4.1.! ,•..t.rvR�tre+si:+=:re-.•,ra:se/y.,,,:•.e-4.4:..,..,4,:.:::_
EXHIBIT 12 210A Ventnor Ave., Aspen, Colorado 81611 (970) 9254920
FAX (970) 925-1974
David Brown
Styker Brown Architects
300 S. Spring Suite 300
Aspen, Co. 81611
RE: Roaring Fork Ranch Subdivision PUD Approval; Civil Engineering Preliminary Design
Water, Sewer, Drainage, and Flood plain - 96-014.O1P
Dear David:
RONALD C McLAUGHLIN
LEO M. EISEL
HALT -ORD 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
scorr E. LEHMAN
BRIAN S. KOLSTAD
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 of 1984, namely: 4:80 -Supplemental Information, 4:90 -
Supplemental Information - Utility Plan, Drainage Plan Design and Improvement Standards sections
9:40 - Drainage, 9:50 - Water Supply, 9:60 - Sanitary Sewer Disposal, 9:70 - Fire Protection.
The subdivision being proposed is a 28 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. Parcel B
is proposed to have 16 single family homes on 16 individual lots. Each home is proposed to be a
3 bedrooms 2 bath unit. Parcel 1 is proposed
s and 2 baths. 2
4
bathrooms and a powder room, and duplex units, each with 2 bedroom
Section 4:80 Supplemental Information - Drainage Plan and 9:40 - Drainage
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 We have used the Rational Method and 25 year storm flows d direct storm flows around the property. Road crossings will
be through 15 -inch CMP culverts to
size the culverts and swales required. Culverts are shown on the attached drawing and will meet
AASHTO requirements. Ends of the culverts will extend 3 -feet from the driving surface and use
flared end sections to controls flows.
Three to four detention ponds are required to detain the developed runoff peaks to historic
conditions. The topography of the site divides the property into 3 subbasins. each subbasin will
require a small detention pond to store the excess runoff. We have used the Rational Method to
determine the volume of water for both the natural naturalflows from the developed developed
flows.Ponds
ws. Pond sizing was
determined by subtracting thewill be approximately
2 -foot deep, 20 to 25 -foot wide, and 75 -foot in length and are located on the drawing.
DENVER. CO
(303) 458-5550
._.+...4:;•:c''i5r::3i•::E: 'rc;:-sdilt3'�'`"'. x"t .:. ::•1:K.Y: m+,R.a: ;�.:f; e;�s+a'�"wrf: ,gT'y�.b �.s:wcs i.... ..
COMPLETE ENGL\EERI\G SERVICES IN WATER RIGHTS AND RESOURCES WATER TREATMENT AND DISTRIBUTION SUBSURFACE DRAINAGE IRRIGATION FOUNTAINS STORM DRAINAGE AND FLOOD CONTROL
WASTEWATER COLLECTION TREATME\T AND REUSE FIRE PROTECTION WATER BASED RECREATION SPECIALTY HYDRAULICS RATE STUDIES AND UTILITIES ECONOMICS
PHOENIX, AZ
(602)468-2141
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 9:50 Supplemental Information - Utility Plan and 9:50 - 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 exhibits 8, 9, and 10. 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.
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. All main line and service line fittings and materials will meet State. County,
and AWWA standards and requirements.
Section 9:60 - 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 exhibits 8, 9, and 10.
I
r
I.
Il
Il
Il
111
Sewage demands are based on 300 gallons per day for 1 EQR. 1 EQR is equal to a 3 bedroom 2 bath
unit. The 28 units in this development would require 8,400 gallon per day of sewage treatment on
an average day and 25,200 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.
Section 9:70 - 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
McLaughlin Water Engineers, Ltd.
G. Dea, P.
CC. Wim- enver
Enclosures
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AGREEMENT
ei This Agreement, made as of the d --day of
1983, by and between the Board of County
Commissio ers of the County of Garfield, State of Colorado
(hereinafter the "County"), Stagecoach Associates, a general
partnership (hereinafter "Stagecoach"), K & E Development
Company, a Colorado general partnership (hereinafter "K &
E") and the Ranch at Roaring at Roaring Fork Homeowners
Association (hereinafter the "Association"):
• WITNESSETH:
WHEREAS, the County is responsible for the plan-
ning and regulation of development in Garfield County,
Colorado, Stagecoach is the owner of a parcel of land over
which both the Association and its members rely upon for
access between Colorado State Highway 82 and Phase IV of the
Ranch at Roaring Fork Subdivision, a development of K & E;
and
WHEREAS, substantial questions have been raised
, regarding the method of insuring perpetual access to Phase
IV; and
WHEREAS, the parties are desirous of amicably
assuring perpetual access,to Phase IV upon the terms and
conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual
keeping of the terms and conditions set forth herein, the
parties agree between and among themselves as follows:
1. Stagecoach will convey to the County by
warranty deed conveying marketable title an easement and
right-of-way across the north and west boundary of Parcel 2,��
Phase II (hereinafter "Parcel 2") of the Ranch at Roaring
Fork Subdivision between the existing entrance to said
Parcel 2 from Colorado State Highway 82 and the common open
space of the Ranch at Roaring Fork located at the western
thirty feet of the south boundary of said Parcel 2, free and
clear of any and all encumbrances whatsoever, as well as any
property adjacent to said easement and right-of-way neces-
sary for the provisions of minimum curve radii at inter-
sections. The specific land conveyed shall be that identi-
fied in Exhibit "A" hereto. The general public; including
any persons related to or using Parcel 2, shall be permitted
to use such roadway across Parcel 2.
2. The County will, in the manner set forth
herein, :ay to Stagecoach $22,189.59, based upon $2.77 per
square foot of land over which the aforementioned easement
and right-of-way is granted, exclusive of those lands within
thirty feet of the west boundary of Parcel 2. It is agreed
that the property is under threat of condemnation by the
County, and that the price is arrived at in part in consid-
eration of the termination of claims which the County and K
& E may have to use portions of Parcel 2 for the purpose of
access to Phase IV of the Ranch at Roaring Fork.
3. The Association will reimburse the County for
the location of two culverts and a roadway across the common
open space in order to provide access from Stagecoach Drive
to the aforementioned right-of-way and will permit its
Ex: 1000_
I.
I{
11
II
1
I
common open space to be used for a road right-of-way to
connect the existing Stagecoach Drive with the easement and
I; right-of-way across Parcel 2. In the event the County
li determines that it is necessary to acquire such road
right-of-way, the Association shall not oppose any p
1 ing to acquire such right-of-way.
'I 4. The County will construct a roadway to County
I{ standards, including a chip
and seal surface, unless a
better surface is made available by a third party, connect-
]ing the present Highway 82 entrance to Parcel 2 with Stage-
s coach Drive as that road presently exists leaving Phase IV.
!` 5. At the time of road construction the
!Association will relocate the sign for the Stagecoach Inn,
{ owned by Stagecoach, to a location on Parcel 2 designated by
Stagecoach unaffected by contemplated Colorado State Highway
`1 Department construction.
Il 6. The County will, in association with its
I{ construction of the road over and across the aforementioned
d
thirty foot wide easement and right-of-way, provide
feet frome
access to the existing well approximately
1i the west boundary of Parcel 2r m
adreten
relocate
the
eetwater
rtline
the
and well house to a point appn
h aforementioned thirty foot wide right-of-way.
7, K & E will ill execute a quit claim deed coey-
i ing to Stagecoach any right which it might have under an
nv
i instrument recorded in the records of the Garfield County
. Clerk and Recorder in Book 489 at Page 337, delivery of
!I which instrument shall occur upon the conveyance of the
,1 aforementioned thirty foot wide easement and right-of-way.
I, 8. Stagecoach shall not interfere with the
1•� existing accesses to Phase IV from the entrance to the
i Stagecoach parcel from Highway 83 until the1st
December,ofuntyof
I 1983, or the completion and acceptance bythe
foot Coue
ithe
o
troadway across the aforementioned thirty
right-of-way, whichever shall be the earlier date.
j�I1
parties contemplate
9. It is understood that the Stagecoach entrance
construction of access from the existing
to Highway 82 to the existing Ranch at Roaring Fork entrance
to Highway 82, but whether or not such additional acaessoacess sh
acquired by the State or any other public entity, S tagecoa
11 will not interfere with the use of the existing o thot
ach
!' entrance to Highway 82 by the public for so long as
entrance may be permitted to exist by the State of Colorado.
10. The County agrees, upon the
thdelivery
tontthe
to
County of all instruments contemplated by
yilApurchase tf
deliver to Stagecoach the amount of the
the easement and right-of-way.
11. K & E agrees, upon the delivery of the deed
from Stagecoach to the County, to deliver to the County K &
I! E's promissory note in the form attached hereto as ricehoflthe
"B" in the amount of $10,000.00 of thepfrchaseepd of
easement and right-of-way, secured by a
rst
,' upon Lot 59, Filing 3, Phase IV of the Ranch at Roaring
Fork, payable upon the sale of'such lot or on the
et1st day of
February, 1986, whichever is the earlier date,
interest, except that upon default interest shall accrue at
the rate of eighteen per cent per annum.
12. All documents contemplated by this Agreement
shall be delivered to the County on or before the 28th day
s
; of February, 1983, at which time all documents and payments
- 2 -
{
fix. ►4R .2
contemplated hereby shall be recorded or distributed, as
directed by each respective distributee.
13. Nothing expressed or implied herein is
intended or shall be construed to confer upon any person,
firm or corporation other than the parties hereto any right,
remedy or claim by reason of this Agreement or any term
hereof, and all terms contained h6rein shall be for the sole
and exclusive benefit of the parties hereto or their succes-
sors.
14. This Agreement shall be governed by and
! construed in accordance with the laws of the State of
1 Colorado.
15. This Agreement may be executed in one or more
counterparts and when each party hereto has executed at
11 least one counterpart, this Agreement shall become binding
on all parties and such counterparts shall be deemed to be '
one and the same document.
16. This Agreement shall be binding upon the
parties hereto and upon their successors. None of the terms
or provisions of this Agreement may be waived, modified or
II amended, except in writing duly signed by the parties.
IN WITNESS WHEREOF, the parties hereto have each
!' caused .this Agreement to be executed by their duly author-
ized officers or representatives as of the date first above
written.
ij
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY
By:
Chairman
STAGECOACH ASSOCIATES,
a Colorado limited partnership
By: 4
eneral Partner
K & E DEVELOPMENT COMPANY,
A Colorado General Partnership
By: Kassco Realty Corporation
a Colorado Corporation
General Partner
By:
President
RANCH AT ROARING FORK
HOMEOWNERS ASSOCIATION
A Colorado Non -Profit
Corporation
By: -
Dresident
- 3 -
)
STATE OF COLORADO )
SS
COUNTY OF GARFIELD)
The foregoing instrument was acknowledged before
me the day of , 1983, by
as Chairman of the Board of County Commissioners of Garfield
County, Colorado.
My commission expires:
Witness my hand and official seal
Address of Notary Public:
Notary Public
STATE OF COLORADO )
SS
COUNTY OF��)
The foreg ing instrument was a
me the day of 1983, by r
as General Partner of Stagec ch Associa " a Colorado
limited partnership. -oZ� ��
My commission expires:
Witness my hand and official seal
Address of Notary Public:
edged •eforo
STATE OF COLORADO )
SS
COUNTY OF
Nota y
. 0601
The fore oing instrument was acknowledged before
me the day of , 1983, by
as Richard Kassebaum, as P sident of Kassco Realty
Corporation, a Colorado corporation, as General Partner of K
& E Development Company.
My commission expires:
Witness my hand and official seal
Address of Notary Public:
STATE OF COLORADO )
SS
COUNTY OF
The foregoing instrument was acknowledged before
me the day of , 1983, by
as President of the Ranch at Roaring Fork Homeowners
Association, a Colorado non-profit corporation
My commission expires:
Witness my hand and official seal
Address of Notary Public:
Notary Public
- 4 -
EXHIBIT "A"
That portion of the following tract of land
located upon Parcel 2, Filing II, the Ranch at Roaring Fork
Subdivision, as that Parcel appears in the records of the
Garfield County Clerk and Recorder:
A strip of land 30 feet in width situated in the
NWkNE; of Section 36, Township 7 South, Range 88 West of the
Sixth Principal Meridian, Garfield County, Colorado, also
being situated in the Ranch at Roaring Fork Subdivision
(Town Center and "D" Units) as filed in the Garfield County,
Colorado, records lying Southerly and parallel to the
Southerly right-of-way line of Colorado State Highway No.
82, said strip'of land is more fully described as follows:
Beginning at the point of beginning on said
highway right-of-way whence the Northeast Corner of said
Section 36 bears: N.80°10'00"W., along said highway
right-of-way line, 30.45 feet to the Northeast Corner of the
Ranch at Roaring Fork Subdivision filing No. 3; thence
N.87°05'36"E. 2,503.22 feet to said Corner; thence, from
said TRUE POINT OF BEGINNING, S.80°10'00"E. along said
highway right-of-way line 260.05 feet to a point on the
Easterly side of an existing access -way off said highway;
thence S.09°50'00"W. 30.00 feet; thence N.80°10'00"W. 219.21
feet along a line parallel to said highway right-of-way
line; thence 52.27 feet along the arc of a curve to the
left, having a radius of 30.00 feet, the chord of which
bears: S.49°55'oo" W. 45.91 feet; thence South 288.17 feet,
thence 58.24 feet along the arc of a curve to the right,
having a radius of 215.00 feet, the chord -of which bears
S.31°21'55"W. 58.07 feet to a point on a curve being the
Easterly boundary line of Filing No. 1, Phase IV, Ranch at
Roaring Fork Subdivision; thence 10.99 feet along the arc of
a curve to the left, having a radius of 270.02 feet, the
chord of which bears N.01°09'57"E. 10.99 feet along said
Easterly boundary line; thence North along the $asterly
boundary lines of said Phase IV, 398.05 feet to the TRUE
POINT OF BEGINNING.
i
t
L
Retarded nt �o c)e:k /1' M.
U A 1W0
Receptcn t:c. 3•)54O MILDRED ALSDORF.
FIRST AMENDMENT
TO
AMENDED DECLARATION
FOR
RANCH AT ROARING FORK
Dr( 551 PtrE4•1:9
This Certificate of Amendment is dated as of June 7,
1980.
1. Amended Declaration. "Mended Declaration" shall
mean the Amended Declaration of Covenants, Conditions, Limita-
tions, Restrictions, Reservations, Liens and Charges for Ranch
at Roaring Fork dated October 26, 1977 and recorded October 26,
1977 in Book 502 at page 82 of Garfield County, Colorado records.
2. Certificate of Amendment. As provided in Section
16.1(b) of the Amended Declaration, the undersigned two officers
of Ranch at Roaring Fork Homeowners Association, Inc., a Colorado
nen-profit corporation, hereby certify that the hereinafter de-
scribed amendment was duly adopted as an amendment to the Amended
Declaration in accordance with the provisions of the Amended
Declaration and that Owners, as defined in the mended Declara-
tion, holding at least 752 interest in the Common Recreation Reserve
approved said amendment.
3. Terms of Amendment. The amendment to the Amende
amendsr
Declaration anu repTes Section 5.1(a) of the Amended
Declaration to read as follows:
(a) Additions within the Ranch - If an Owner in-
tends to develop, or cause to be developed, additional
real property within the Ranch, such Owner shall have
the right to annex such real property into the Project,
and bring such real property within the provisions of
this Declaration only upon the approval of the Asso-
ciation with the exception that any lot on which, as
of April 1, 1980, there existed an occupied dwelling
and for wnich all assessments levied, as of April 1,
1980, and thereafter, by the Association have been paid,
shall be automatically entitled to approval for annexa-
tion. Except as to such lots entitled to automatic
approval for annexation, the Association can impose
conditions, including a charge or fee, for annexation.
Executed as of the day and year first above written.
/l
yT ZU
Secretary of Ranch at Roaring ?relic.ant of, 'Ranch at Roaring
Fork Homeowners Association, Fork Homeowners Association,
Inc., a Colorado non-profit Inc., a Colorado non-profit
corporation corporation
STAT: OF COLORADO )
ss
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this
8th day of July, 1980 by Adrian Twirn Anderson an President
and Connie K. Shaw as Secretary of Ranch at Roaring Fork
Homeowners Association, Inc., a Colorado non-profit corporation.
Witness my hand and official seal. p
)_
My commission expires 4/4/83 I t�i v,
-b1 C:4
ijei//
,G Nory Public "'•"
AMENDED DECLARATION OF COVENANTS, CONDITIONS,
LIMITATIONS, RESTRICTIONS, RESERVATIONS, LIENS AND
CHARGES FOR RANCH AT ROARING FORK
RECITALS
INDEX
ARTICLE I - N
ARTICLE II -
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
ARTICLE III
ame of Project
Definitions
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.18
2.19
2.20
2.21
2.22
2.23
2.24
2.25
2.26
2.27
2.28
2.29
2.30
2.31
2.32
2.33
2.34
2.35
2.36
2.37
2.38
2.39
2.40
tv
Annexed -Real Property
Articles
Assessments
Association
-Board
Building
By -Laws
Commercial Parcel
Common Elements
Common Expense
Common Recreation Reserve .
Condominium Map
Condominium Parcel
Condominium Unit
Declaration 5
Detached Housing Parcel 5
Detached Housing Unit 5
Garfield County Records 5
General Common Elements
Guest
Homestead Parcel
Improvements
Individual Space 5
Limited Common Elements 6
Lot 6
Member 6
Mortgage 6
Mortgagee 6
Owner 6
Project . . . . 6
Property to Be :..nexed 7
Ranch 7
Real Property 7
Record 7
Reserved Undivided Interest • 7
Condominium Parcel No. 1 7
Sale 7
Supplementary Declaration . . • 7
Unit 7
Water and Sewer Facilities. . . • 7
Page
1
2
2
2
2
3
3
3
3
3
3
3
4
4
4
4
4
5
5
5
5
- Establishment
Ownership
Section 3.1
Section 3.2
Section 3.3
Section 3.4
Section 3.5
of Condominium Form of
Recordation of Declaration. . . .
Recordation of Condominium Map. .
Conveyancing; Presumptions. .
Prohibition Against Severability
of Component Interests in Condo-
minium Units
Suspension of the Right of Parti-
tion
-i-
7
7
8
8
8
9
Section 3.6
Separate Assessment of Taxes to
Each Unit Owner 9
Section 3.7 Mechanics Lien 9
ARTICLE IV - Description of Project 10
Section 4.1
Section 4.2
Real Property 10
Improvements 10
11
ARTICLE V - Annexation
`/Section
Section
Section
ARTICLE VI -
5.1 Right of Annexation
5.2 Method of Annexation
5.3 Merger or Consolidation
Ownership of Common Elements; Designation
of Right to Use Limited Common Elements. .
Section 6.1 Ownership of Common Elements. .
Section 6.2 Conveyance of Reserved Undivided
Interest to Trustee
ARTICLE VII -
Section
Section
Section
Section
Section
Section
ARTICLE VIII
Easements, Restrictions and Reservations.
7.1 Easements and Rights of Owners.
7.2 Easements and Rights of the
Association
7.3 Easements and Other Rights and
Reservations of Declarant . . .
7.4 Use Restrictions
7.5 Delegation of Use
7.6 Owners Exclusive Right to Individ-
ual Space, Lots, and Limited Common
Elements
- Membership and Voting Rights in the
Association
Section 8.1 Membership
Section 8.2 Transfer
Section 8.3 Voting Rights
Section 8.4 Indemnification
Section 8.5 Limitation Upon Liability of
Association
Section 8.6 Property Held by Association.
ARTICLE IX -
Section
Section
Section
Duties and Powers of the Association . . .
9.1 Duties of the Association . . . .
9.2 Powers and Authority of the Asso-
ciation
9.3 Attorney -In -Fact
ARTICLE X - Water and
Section
Section
10.1
10.2
Section 10.3
Section 10.4
Section 10.5
Section 10.6
Section 10.7
Section 10.8
Sewer Service
Common Elements
Acquisition and Management of Water
Rights
Acquisition and Management of Water
and Sewer Service Facilities. .
Initial Water Rights and Water and
Sewer Service Facilities
Water and Sewer Service
Allocation of Water
Financing
Service by a Substitute Entity.
11
11
12
12
12
13
13
13
13
14
16
18
18
18
18
18
19
19
20
20
20
20
22
23
24
24
24
24
24
24
25
25
26
ARTICLE XI - Covenant
Section 11.1 --
Section 11.2
Section
Section
11.3
11.4
Section 11.5
Section 11.6
Section 11.7
Section 11.8
Section 11.9
Section 11.10 --
Section 11.11 --
for Assessments
Creation of the Lien and Personal
Obligation of Assessments and Ser-
vice fees
Purpose of Annual and Special
Assessments
Annual Assessments
Special Assessments for Capital
Improvements
Date of Commencement of Annual
Assessments; Due Dates
Duties of the Board
Estoppel Statement
Cost Centers - Rate of Assess-
ments for Each Unit
Covenant of Declarant Re Assess-
ment
Authority of Board
Nonuse and Abandonment
ARTICLE XII - Non -Payment of Assessments
Section 12.1 --
Section 12.2 --
Section 12.3 --
Section 12.4 --
Section 12.5 --
Section 12.6 --
ARTICLE XIII
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
ARTICLE XIV
Delinquency and Remedies of
Association
Notice of Claim of Lien
Foreclosure Sale
Curing of Default
Cumulative Remedies
Mortgage Protection
- Insurance
13.1 --
13.2 --
13.3 --
13.4
13.5
13.6
13.7
13.8
13.9
13.10 --
13.11 --
13.12 --
Authority to Purchase
Fire Insurance
Public Liability. . . . . .
Workmen's Compensation Insurance
Demolition Insurance
Other Insurances
Deductible Provision
Association as Agent
Certificates of Association's
Policies
Expense of Premiums
Owners Insurance
Beneficiaries of Insurance. .
Casualty, Condemnation, Obsolescence, and
Restoration or Sale of Project or Part
Thereof
Section 14.1 -- Certain Definitions
Section 14.2 -- Restoration of the Affected
Property
Sale of the Affected Property
Authority of Association to
Restore or Sell
Payment of Proceeds
Special Assessments for Restora-
tion
Casualty, Etc., Affecting a
Section 14.3 --
Section 14.4 --
Section
Section
Section
Section
Section
14.5 --
14.6 --
Lot
Receipt and Application
Condemnation Funds
of
Reorganization in the Event
Condemnation or Sale
of
26
26
26
26
26
27
27
27
28
28
28
28
29
29
29
29
29
30
30
30
30
30
32
32
32
32
32
32
32
33
33
33
33
33
34
34
35
35
35
35
35
36
ARTICLE XV - Architectural Control
Section 15.1
No Change in Property Without
Approval
Section 15.2 Certain Special Objectives. . .
Section 15.3 Conditions Precedent to
Approval
Section 15.4 Prosecution of Work After
Approval
Section 15.5 Assignment of Functions
ARTICLE XVI - Duration; Amendment; Partition
ARTICLE XVII - Enforcement; Waiver
Section 17.1 -- Effect of Covenants
Section 17.2 -- Enforcement
Section 17.3 -- Waiver of Enforcement
ARTICLE XVIII - Miscellaneous
Section 18.1 -- Severability
Section 18.2 -- Succession
Section 18.3 -- Notices
Section 18.4 -- Captions
Section 18.5 -- Singular Includes Plural
Section 18.6 -- Construction
Section 18.7 -- Obligation of Owner and Members
Section 18.8 -- Incorporation by Reference.
-iv-
36
36
36
'37
37
38
38
39
39
40
40
40
40
41
41
41
41
41
41
41
14-1
AMENDED DECLARATION OF COVENANTS, CONDITIONS,
LIMITATIONS, RESTRICTIONS, RESERVATIONS, LIENS AND
CHARGES FOR RANCH AT ROARING FORK
This Amended Declaration is made this 0 day of
, 1977, by The Ranch at Roaring Fork, Inc., a
Colorado Corporation, for itself, its successors, grantees
and assigns (the "Declarant" herein).
RECITALS
A. This Amended Declaration is an amendment to
and replaces the Declaration of Establishment of Covenants,
Conditions, Limitations, Restrictions, Reservations, Liens
and Charges for Ranch at Roaring Fork Condominiums, A Resort
Condominium Project made by Declarant, dated October 11,
1973 and recorded October 23, 1973 in Book 451 at page 48 of
the records in the office of the Clerk and Recorder of
Garfield County, Colorado (the "Original Declaration").
This Amended Declaration has been adopted and approved by
Owners and Mortgagees in accordance with the provisions of
Section 16.1(c) of the Original Declaration.
B. Declarant was, on the date of the Original
Declaration, the record owner of approximately 464 acres of
real property (the "Ranch") located in Garfield County,
Colorado, more particularly described in Exhibit "A" attached
hereto.
C. The Ranch is an area of natural beauty includ-
ing distinctive terrain features and pastoral areas; and it
is the desire and intent of the Declarant to create a planned
development community, primarily for residential use, in
which such natural beauty shall be substantially preserved
and, for the enjoyment and convenience of the persons living
in such community, enhanced by the installation and.operation
of recreational and limited commercial facilities.
D. All real property within the Ranch has been or
ill be designated under one of the following classifications:
1. Condominium Parcel
2. Detached Housing Parcel
3. Common Recreation.Reserve
4. Commercial Parcel
5. Homestead Parcel
The classification for any portion of the Ranch
shall (subject to the prior approval of any governmental
agencies having jurisdiction thereof) be fixed by Declarant,
in its sole and absolute discretion, by the recordation of a
declaration of restrictions or similar instrument limiting
the use of such property to the classified use.
Qr'? 1 5 '- " ��j.
E. A�purpose of this Declaration is to classify
certain prope v more particularly described herein and
designated herein as Condominium Parcel No. 1 as a Condo-
minium Parcel and to subject said Condominium Parcel No. 1
and undivided interests in the Common Recreation Reserve to
the condominium form of ownership in the manner provided for
in the Colorado Condominium Ownership Act (the "Condominium
Act" herein) .
14.0
F. Declarant desires to provide for the preserva-
tion of the values and amenities of the Project, and for
the maintenance thereof; and, to this end, desires to sub-
ject Condominium Parcel No. 1 and the Common Recreation
Reserve, together with such additions to the Project as may
hereafter be made in accordance with the provisions hereof,
to the covenants, conditions, limitations, restrictions,
easements, liens and charges, hereinafter set forth, each
and all of which is and are for the benefit of said property
and each owner thereof.
G. Declarant has deemed it desirable, for the
efficient preservation of the value, desirability and
attractiveness of the Project and additions thereto, to
create a corporation to which shall be delegated and assigned
the powers of maintaining and administering such properties
and improvements and enforcing the covenants, conditions,
limitations and restrictions and collecting and disbursing
the assessments and other charges hereinafter created. To
that end, the Declarant has incorporated, under the laws of
the State of Colorado, as a not-for-profit corporation, the
Ranch At Roaring Fork Homeowners Association, Inc.
NOW, THEREFORE, Declarant hereby declares that
Condominium Parcel No. 1, and undivided interests in the
Common Recreation Reserve, is, and shall be held, trans-
ferred, sold, conveyed and occupied in the condominium form
of ownership under the Condominium Act, and Condominium
Parcel No. 1 and the Common Recreation Reserve, together
with such additions to the Project as may hereafter be made
pursuant to the provisions of this Declaration, is and shall
be subjected to the covenants, conditions, limitations,
restrictions, reservations, easements, liens and charges
hereinafter set forth in this Declaration.
This Declaration shall not be construed so as to
interfere with or prevent construction, sale or lease activi-
ties by Declarant on any property subject to the provisions
of this Declaration as set forth herein.
ARTICLE I
Name of Project
1.1 Ranch at Roaring Fork. The name by which the
Project, including additions thereto, is to be identified is
the Ranch at Roaring For::. C4
ARTICLE II
Definitions
Unless the context otherwise specifies or requires,
the following words and phrases when used in this Declaration
shall have the meanings hereinafter specified.
2.1 Annexed Real Property. "Annexed Real Property" Ck=
shall mean any Condominium Parcel or Detached Housing Parcel,
including the Improvements thereon, annexed to and made a
part of the Project in the manner provided in Article V
hereof.
2.2 Articles. "Articles" shall mean the Articles
of Incorporation of the Association, as amended from time to
time, filed with the Secretary of State of the State of
Colorado.
- 2-
X. 413
2.3 Assessments. "Assessments" sh
assessments, whether general or special, made
to enable it to raise the money to meet (i) t
Expenses, or (ii) any other expenses which ma
charged hereunder to the Owners, or any of th•
Association.
.all mean the
by the Association
he Common
y properly be
•gym, by the
2.4 Association. "Association" shill mean Ranch
at Roaring Fork Homeowners Association, Inc., a Colorado
not-for-profit corporation, or its successors or assigns.
2.5 Board. "Board" shall mean the Board of
Directors of the Association.
2.6 Building. "Building" or Build.=ngs" shall r'
mean any building constructed on the Prr^oj t. tid►��;,� h°�'� ,i
2.7 By -Laws. "By -Laws" shall mean the By -Laws of
the Association, as amended from time to time..
2.8 Commercial Parcel.
mean the parcel of real property
attached hereto, and is to be dev
restaurants or other business or
Commercial Parcel, even though wi
be part of the Project and shall
interest in the Common Recreation
Elements within the Project.
"Commercia1 Parcel" shall
described on Exhibit "B"
eloped with .`hops, stores,
commercial s.aace. The
thin the Ran/7h, shall not
have no appurtenant undivided
Reserve or .:.n Common
2.9 Common Elements. "Common Eleme=nts" shall
mean the Common Recrea lmn Reserve and, with .'espect to any _,,r •12�
Condominium Prc�l,`�11 of t e o ominiu 1'" anti"'`" f'✓.r,�t1 S
improvements thereon except tiie portions therFOf which %"'
constitute Individual Spaces; and, with respet:t to any
Detached Housing Parcel, all of the Detached ;sousing Parcel
and improvements thereon except the portions •r hereof which
are within the boundaries of any Lot and exec ?t any house or
other structure or improvements on any Lot.
Without limiting the generality of :he foregoing,
the following are, with respect to any Condos nium Parcel,
expressly included within the meaning of Comm' pn Elements:
(a) All land and easements which a.'e a part of
the Condominium Parcel; .44.1/"..44
•
(b) All foundations, columns, gird
(63 15
re.RJ !11 •
4,1
O S -�
?_rs, beams and
supports of any Building Con any Condominium P. reel;) ere'
(c) The exterior walls of any Buil fling, the main
or bearing walls and the partition walls with .Ln the Building,
the main or bearing subflooring and the roofs of any Building
on any Condominium Parcel;.oC..
(d) All entrances, exits, halls, c/Drridors,
bridges, lobbies, basements, lounges, linen riJoms, storage
space, elevators, stairs, stairways and fire scapes of any
Building on any Condominium Parcel not within any Individual
Space;
(e) All parts of the Building on a nY Condominium
Parcel or any facilities and fixtures whether or not w thin
an Individual Space which are or may be nececoary or conve-
nient to the support, existence, use, occupat_°0' operation,
-3-
x 14.E
maintenance, repair or safety of any such Building or any
part of such a Building, including any other Individ,ual
Space in such Building; and
(f) All utility, service and maintenance rooms,
space, fixtures, apparatus, installation and facilities for
power, light, gas, telephone, television, hot water, cold
water, heating, refrigeration, air conditioning, incineration,
or similar utility service for maintenance purposes, including
furnaces, tanks, pumps, motors, fans, compressors, vents,
ducts, flues, wires, pipes, conduits, sewer and water treatment
facilities, water storage facilities and oth:r similar
)N fixtures, appparatus, installations and facilities located A�d.� 1,
son or in any part of or servin an Condominium .Parcel, or
Fon y real ?roperty easeca o t e Association an used in
1� connection with such fixtures, apparatus, installation and
�,% facilities and all easements and appurtenances thereto; and
all buildings, rooms or premises for lodging or housing of
`4 managers, custodians or persons in charge of or employed to
handle, supervise, operate or maintain the Project; provided,
however, that such utility fixtures, apparatus, installations
or facilities which are located within an Individual Space
and exist solely to serve the Individual Space within which
they are located (e.g. outlets providing electricity to such
Individual Space) shall not be deemed to be Common Elements.
2.10 Common Expenses. "Common Expenses" shall
mean expenses of administration, expenses for maintenance,
operation, repair or replacement of Common Elements, and of
pom ions of any Individual Space or Lot to be maintained by
the Association, if any, expenses declared to be common
expenses by the provisions of this Declaration or the By -
Laws, any charge against the Owners as a whole, and any
expenses agreed upon as Common Expenses by the Members.
2.11 Common Recreation Reserve. "Common Recreation i
Reserve" shall mean the real property, more particularly *mit =J'- iSZ
described in Exhibit "C" attached hereto, which is subject (ter"IQ•''"
to the Declaration of Easements and Protective Covenants for
the Common Recreation Reserve recorded in Book 441_4t_zage 146
of Garfield County records. The Common Recreation Reserve
is intended to be, and the provisions of this Declaration s.bsf?f
establish it as, a part of the Project and more particularly lo.- "d•0
a part of the General Common Elements thereof. d ll
2.12 Condominium Map. "Condominium Map" shall
mean the map or maps, as they may be amended from time to ",iak Vjt4
time in accordance with the provisions of this Declaration, br "s�
filed with respect to any Condominium Parcel pursuant to the
provisions of the Condominium Act and this Declaration. 141 7AreCiAr
,1J1 c.i
2.13 Condominium Parcel. "Condominium Parcel"
141,sij . shall mean any parcel of real property which has been designated
4.74 d j as a Condominium Parcel in this Declaration or in a recorded
Supplementary Declaration executed or consented to by Declarant
and the Association and which is to be developed by construction
0 of a building or buildings containing Individual Spaces to
be owned with an appurtenant undivided interest in Common
Elements in condominium ownership pursuant to the Condominium
Ownership Act of the State of Colorado.
2.14 Condominium Unit. "Condominium Unit" shall
mean an estate in real property consisting of a separate
Ck interest in an Individual Space together with an undivided
interest in the Common Elements of the Condominium Parcel on
which the Individual Space is located and an undivided
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I]
i:i
11
(J
d (1
AK, 1413 J
interest in the Common Recreation Reserve, which undivided
interests shall at all times be appurtenant to title to the
Individual Space.
2.15 Declaration. "Declaration" shall mean this
instrument entitled Amended Declaration of Covenants, Conditions,
Limitations, Restrictions, Reservations, Liens and Charges
for Ranch at Roaring Fork as the same may be amended from
time to time. R�s�t„L
72...E to r
2.16 Detached Housing Parcel. "Detached Housing
Parcel" shall mean any parcel of real property which has
been designated as a Detached Housing Parcel in a recorded
Supplementary Declaration executed or consented to by Declarant
and the Association and which is to be subdivided into lots
or similar parcels upon each of which may be built a single
family residence with the Lot and any improvements thereon,
together with an appurtenant undivided interest in Common
Elements, to be individually owned.
2.17 Detached Housing Unit. "Detached Housing
Unit" shall mean an estate in real property consisting of a
separate interest in a Lot and any improvements thereon,
together with an undivided interest in the Common Elements
of the Detached Housing Parcel on which the Lot is located
and an undivided interest in the Common Recreation Reserve,
which undivided interests shall at all times be appurtenant
to title to the Lot.
2.18 Garfield County Records. "Garfield County
jltd Records" shall mean the real property records in the office
of the Clerk and Recorder of Garfield County, Colorado.
2.19 General Common Elements. "General Common
Elements" shall mean the Common Elements other than the
Limited Common Elements.
2.20 Guest. "Guest" shall mean any customer,
agent, employee, tenant, guest, or invitee of an Owner; and�
any person who has acquired any title or interest in anrL1 it
by, through or under an Owner, including a contract purchaser,
lessee, licensee and any customer, agent, employee, tenant,
guest or invitee of such person.
2.21 Homestead Parcel. "Homestead Parcel" shall
mean the parcel described in the Declaration of Protective
A/leg Covenants for Reserved Parcel recorded in Book 449 at page 353
of Garfield County Records. The Homestead Parcel is within
the Ranch but is not formally part of the Project and has no
appurtenant undivided interest in the Common Recreation
Reserve or in any Common Elements within the Project.
2.22 Improvements. "Improvements" shall mean
all structures and appurtenances thereto of every type and
kind, including but not limited to buildings, outbuildings,
garages, carports, roads, driveways, parking areas, fences,
screening walls, retaining walls, stairs, decks, landscaping
hedges, windbreaks, plantings, planted trees and shrubs,
poles, signs, exterior air conditioning and water softener
fixtures or equipment, and apparatus, installations and
facilities for power, light, gas, telephone, television,
water and sewer, or similar utility services.
2.23 Individual Space. "Individual Space" shall
mean the elements of a Condominium Unit which are not owned
in common with the other Owners. The boundaries of an
Individual Space are the undecorated interior surfaces of
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.)C ,F4
5 -
C/4'
the lowermost floor, the uppermost ceiling and the perimeter
walls thereof and, where found along such walls, the interior
surface of any built-in fireplace, door or window (in its
closed position). An Individual Space includes both the
portions of the Building so described and the airspace
encompassed thereby; except that, any Common Elements which
may be within an Individual Space shall not be a part of
such Individual Space. Each Individual Space is separately
identified on the Condominium Map and assigned an identifying
number and letter thereon. The existing physical boundaries
of an Individual Space, as constructed, or reconstructed in
substantial accordance with the original plans therefor,
shall be conclusively presumed to be the boundaries of such
Individual Space regardless of settling or lateral movement
and regardless of minor variances between the boundaries
shown on the Condominium Map (or on any instrument of transfer
or conveyance referring to such map or otherwise describing
such boundaries) and those existing physical boundaries of
such Individual Space.
2.24 Limited Common Elements. "Limited Common
Elements" shall mean those Common Elements designated herein
or hereunder as reserved for use by fewer than all the
Owners. The Limited Common Elements include decks, balconies,
patios and enclosed yards which adjoin and are directly
accessible from an Individual Space, and covered and uncovered
automobile parking spaces and storage areas designated for
separate use and assigned to an Owner in accordance with the
provisions hereof.
2.25 Lot. "Lot" shall mean any lot, tract or
�,
•f_ parcel shown on a subdivision plat of a Detached Housing
.c'k' Parcel and intended for development by construction of a
single family residence thereon.
2.26 Member. "Member" shall mean and refer to
every person who holds a membership in the Association in
accordance herewith.
2.27 Mortgage. "Mortgage" shall mean any mortgage
or deed of trust or other such conveyance to secure the
performance of an obligation, which will be void and whereunder
the encumbered property will be reconveyed upon the completion
of such performance. "First Mortgage" shall mean a mortgage
or deed of trust which is prior, as a matter of Colorado
law, to all similar security interests with respect to a
Unit, or to the Real Property, or any portion thereof,
encumbered by such Mortgage.
2.28 Mortgagee. "Mortgagee" shall mean any
person who is a mortgagee or beneficiary under a First
Mortgage encumbering a Unit, the Real Property or a portion
thereof.
2.29 Owner. "Owner" shall mean the person or
persons, including Declarant, who are the record owner or
owners of fee simple title to a Unit or who own that estate
or interest with respect to a Unit most nearly equivalent to
fee simple title. The term "Owner" shall not include the
owner of any lesser estate or interest such as a leasehold
estate or the like.
/Recreation 2.30 Project. "Project" shall mean the Common
Reserve, Condominium Parcel No. 1, and any Condominium
Parcel or Detached Housing Parcel made subject to this
Declaration, together with any improvements thereon. The
Homestead Parcel and the Commercial Parcel, even though within
L..
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148
i
` the boundaries of the Ranch, shall not be deemed part of the
r1 .7c Project.
CM..
` 7,' 2.31 Property To Be Annexed. "Property To Be
'tj Annexed" shall mean any portion of the Ranch which is shown
\r ' on the Master Plan for the Ranch, as it may be amended from
c - 4 ti f time to time, to be improved as a Condominium Parcel- r` -,pi M7IRL tib
;) ♦a Detached Housing Parcel but for which no Supplementary
Declaration has been filed for Record.` -- '—._��':+sl..�t
2.32 Ranch. "Ranch" shall mean the approximately
4.6.4 acres of real property in Garfield County, Colorado
described on Exhibit A attached hereto, portions of which
are or may become part of the Project governed by this
Declaration. AL j,»jy° j�i-.
2.33 Real Property "Real Property" shall mean
that portion of the Ranch subjected to this Declaration
hereby and any Annexed Real Property.
2.34 Record. "Record", "Recorded", and "Recordation"
shall mean, with respect to any document, the recordation of
such document in the real property records in'the office of
the County Clerk and Recorder for Garfield County, Colorado.
2.35 Reserved Undivided Interest. "Reserved
Undivided Interest" shall mean the undivided interest in
those Common Elements constituting the Common Recreation
AZici Reserve not yet appurtenant to an existing Individual Space
or Lot. Any Reserved Undivided Interest shall be held so
that appropriate undivided interests may be made appurtenant
to subsequently developed Individual Spaces or Lots on
Parcels to be annexed to the Pro- jet.
aade..tMM/ PhIrt_/ -dr.Z (tin.*e/ .4
2.36 Condominium Parcel No. 1. "Condominium
h d44 Parcel No. 1" shall mean that portion of the Ranch described
in Exhibit "D" attached hereto.
-� fras,id.4../ ,,yrse./ i7. 1 - 42 .4
2.37 Sale. "Sale" or "Sold" shall mean the act
of Recording the deed or other such instrument of transfer
conveying a Unit in the Project.
2.38 Supplementary Declaration. "Supplementary
Declaration" shall mean any declaration of protective covenants,
conditions and restrictions which may be Recorded by Declarant
pursuant to Article V of this Declaration.
2.39 Unit. "Unit" shall mean and include both a
Condominium Unit and a Detached Housing Unit.
2.40 Water and Sewer Facilities. "Water and
Sewer Facilities" shall mean all water rights and all facilities
lel and easements in, on and through any part of the Ranch which
A comprise or are part of the systems for providing water or
sewer service to any Condominium Parcel, Detached Housing
Parcel or the Common Recreation Reserve.
I afr
ARTICLE III /
GEJ
Establishment of Ff orm of Ownershipv� e.g,g'
`� 44-ee174
3.1 Recordation of Declaration. Declarant has__,..--- " j
caused this Declaration to be Recorded--c-Declarant heresy °e.
certifies, agrees and declares that Jon ominiu Parcel No. 1 ada-
and the Common Recreation Reserve is intended to be, and g
hereby is, made subject to this Declaration for the period, 'ti
and any extensions thereof, hereinafter .set forte f
J,)1 1---4-'e.
-7-
3.2 Recordation of Condominium Map. Pursuant to
the Condominium Act, Declarant has caused a Condominium Map
to be prepared which consists of (i) a survey map depicting
the surveyed boundaries of the surface of the land included
in the Project, as presently constituted, and (ii) diagrammatic
floor plans and elevations of the Buildings to be built
thereon in sufficient detail to identify and locate each
Building and each Individual Space, their relative locations
and dimensions. Declarant has caused such Condominium Map
to be recorded in the Office of the Clerk and Recorder for
Garfield County substantially concurrently with the recordation
of the Ori inalTDeclaration. Said Map may be amended from
ime to time, or revoked by a subsequently acknowledged
recorded instrument executed by the Owners of such property
and by all record holders of Mortgages therein.
3.3 Conveyancing; Presumptions. Any instrument
affecting a Condominium Unit may legally describe such
Condominium Unit by the identifying Individual Space number
and letter or letters for such Unit shown on the Condominium
Map. A legal description of a Condominium Unit in the
Project may be in the following form:
Condominium Unit , Ranch at Roaring Fork
Condominiums, Garfield County, Colorado.
Any instrument affecting a Detached Housing Unit
may legally describe such Detached Housing Unit by the
identifying Lot number for the Unit and the Detached Housing
Parcel designation shown on the recorded subdivision plat
for the Detached Housing Parcel on which the Lot is located.
A legal description of a Detached Housing Unit in the Project
may be in the following form:
Lot , Ranch at -Roaring Fork, Filing
No. , Garfield County, Colorado.
Any conveyance or other instrument affecting title to a A1141
Condominium Unit or a D hed Housi shall be conclusively
presumed to inclu a and describe the entire Unit including
the appurtenant undivided interests in Common Elements
the rights, easements, obligations, liens and charges,
covenants, conditions, restrictions and reservations running,
burdening and/or benefiting said estate. Unless otherwise
expressly stated in an instrument affecting title to a Unit,
any transfer or conveyance of an Individual Space or a fat----
shallbe presumed to transfer or convey the entire Unit.
In construing or interpreting the Condominium Map
and deeds or other such instruments of transfer or con-
veyance
veyance affect' nd
a Coominium Unit, the existing
physical
h sical
boundaries of an Individua Space when constructed or recon-
structed in substantial accordance with the original plans
therefor, shall be conclusively presumed to be the boundaries
of such Individual Space as set forth hereinabove.
3.4 Prohibition Against Severability of Component
Interests in nits. A Unit shall be inseparable during the
. None of the component interests
sold, conveyed, encumbered, hypothecated
and any violation or attempted
ion shall be void and of no effect.
restrict severability of any Unit
Nothing contained in this para -
to preclude the creation of a co -
of a.Unit.
Ca r,d
term of this Declaration
thereof may be severably
or otherwise dealt with,
violation of this provis
It is intended hereby to
and its component parts.
graph shall be construed
tenancy in the ownership
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3.5 Suspension of the Right of Partition. The
Common Elements shall remain undivided and there shall be no
judicial partition thereof. However, nothing contained
herein shall be deemed to prevent partition of a co -tenancy
in a Unit.
3.6 Separate Assessment of Taxes to Each Unit
Owner. Pursuant to the provisions of the Condominium Act,
Declarant filed, or caused to be filed, a written notice of
the creation of condominium ownership of Condominium Parcel No. 1,
and shall file a similar notice with respect to each Condominium
Parcel or Detached Housing Parcel to be annexed to the
Project with the County Assessor for Garfiel? County, Colorado.
Thereafter, to the extent required, or permitted by law, all
taxes, assessments and other charges of the State of Colorado,
any political subdivisions thereof, or any special improvement
district or any other taxing or assessing authority shall be
assessed against and collected on each Condominium Unit and
each Detached Housing Unit, each of which shall be carried
on the tax books as a separate and distinct parcel for this
purpose, and not on the Buildings, or Real Property as a
whole.
The valuation of the Common Elements shall be
assessed proportionately upon the Individual Spaces or Lots
on the following basis:
(i) Common Elements Within a Condominium or
Detached Housing Parcel - Any Common Elements within any
Condominium Parcel or any Detached Housing Parcel shall be
assessed to the Owners of the Individual Spaces or Lots
located on such Parcel in proportion to the undivided
interests therein appurtenant to such Individual Space or
Lot as determined under Section 6.1 hereof;
(ii) Other Common Elements - The Common Recreation
Reserve and the Improvements thereon and all other Common
Elements not within a Condominium Parcel or a Detached
Housing Parcel shall be assessed to the Owners of Individual
Spaces and Lots to which an undivided interest in such
Common Elements is appurtenant in proportion to the undivided
interest therein appurtenant to such Individual Space or Lot
as determined under Section 6.1 hereof. Any Reserved
Undivided Interest, after making such assessment to the
Owners of such Individual Spaces and Lots, shall be assessed
to the Trustee and paid by the Declarant pursuant to the
provisions of the Master Trust Agreement referred to in
Section 6.2 hereof.
To the extent required or permitted by law, the
lien for taxes assessed to any Unit Owner or to Declarant in
accordance with the provisions of this Section shall be
confined to such Owner's Unit, or, with respect to the
Reserved Undivided Interest to the beneficial interest of
the Trustee under the Master Trust Agreement in such
property. No forfeiture or sale of any Unit or of the
interest of such Trustee for delinquent taxes, assessments
or charges shall divert or in any way affect the title of
other Units in the Project.
3.7 Mechanics Liens. No labor performed or
services or material furnished with the consent of or at the
request of any Owner or his agent or his contractor or
subcontractor, shall be the basis for the filing of a
statement of mechanic's lien against any other Unit or the
Owner thereof, or against any part thereof, or against any
other property of the Owner of another Unit,•unless such
- 9-
other Owner has expressly consented to or requested the
performance of such labor or furnishing of such materials or
services and has specified the Unit or Units which may be
subject to such lien. Such express consent shall be deemed
to have been given by the Owner of any Unit, withjrespect to
such Unit, in the case of emergency repairs thereto. Labor
performed or materials furnished for the Common Elements, if
duly authorized by the Association, shall be deemed to be
performed or furnished with the express consent of each
Owner. An Owner may remove his Unit from a lien against two
or more Units or any part thereof by payment to the holder
of the lien of the fraction of the total sum secured by such
lien which is attributable to his Unit.
Each Owner of a Unit in the Project shall indemnify
and hold harmless each of the other nonconsenting Owners
from and against liability or loss arising from the claim of
any lien against the Unit of such other Owner, or any part
thereof, for labor performed or for materials furnished in
work on such Owner's Unit. At the written request of any
such nonconsenting Owner, the Association shall enforce such
indemnity by collecting from the Owner of the Unit on which
the labor was performed and materials furnished the amount
necessary to discharge any such lien, and all costs incidental
thereto, including attorney's fees. If not promptly paid,
the Association may collect the same in the manner provided
herein for collection of assessments for the purpose of
discharging such lken.
ARTICLE IV
Description of Project
4.1 Real Property. The real property which is,
and shall be held, transferred, sold, conveyed and occupied
subject to this Declaration is located in Garfield County,
Colorado, and is more particularly described as follows:
(a) �'Condominium Parcel No. 1 - That portion of
the real property described in Final Plat for Phase I,
Roaring Fork Ranch as recorded in Book 3, page 92 in the
Office of the Clerk and Recorder of Garfield County, Colorado,
more particularly described in Exhibit "D" attached hereto;
"e.
(b) Common Recreation Reserve - The Common
Recreation Reserve is made up of the real property more parti-
cularly described in Exhibit "C" attached hereto and consists
of: 4»j;
(i) portion of the real property described in
Final Plat for Phase I, Roaring Fork Ranch as�'
recorded in Book 3, pages 92,•tinclusive, in
the Office of the Clerk and Recorder of
Garfield County, Colorado; 6'7'.)::e' -"74,-e, P'''''�`s<..64.1�
P .9H7cle! tic�ro
(ii) The real property described in Final Plat
for Phase III Roaring Fork Ranch as. recorded -.fie
in Book 3, pages 106,,yInc 1l_
n Lne
Office of the Clerk and Recorder of Garfield
County, Colorado.
1,(W/. 4.2 Improvements. Condominium Parcel No. 1
contains 14 multifamily structures containing 60 Individual
Spaces. The Common Recreation Reserve contains 2 tennis
courts, a nine -hole "executive" golf course, a series of
1 connecting lakes and streams, riding trails and related
recreational amenities. Additional recreation oriented
(_ Improvements may be made to the Common Recreation Reserve
at Declarant's or the Association's option. h,(/_J
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f 1
Ii
The purpose of this Section is to set forth a
general description of the improvements on the Real Property
and is included herein for informational purposes.
ARTICLE V
Annexation
5.1 Right of Annexation. Additional real property
may be annexed into the Project and subjected to this Declaration
as hereinafter set forth.
(a) Additions by Declarant - If Declarant intends
to develop, or cause to be developed, additional real property
within the Ranch, Declarant shall have the right to annex
such real property into the Project and bring such real p
( property within the provisions of this Declaration with the "eA i/
,j�5� approval of the Association acting by its Board. Such right
of Declarant shall terminate on October 31, 1983.
(b) Other Additions - Additional real property
may be annexed into the Project and brought within the
provisions of this Declaration upon the approval by vote or
written consent of Members entitled to exercise not less
than two-thirds (2/3rds) of the voting power of the Membership.
(c) Limit on Number of Units - In no event may
the number of Units in the Project exceed 200.
r"p0 :hAn7tS 240 dry'',-)Wi4
y AfJC=,444
5.2 Method of Annexation. Annexation shall be
made by the filing for Record of a Supplementary Declaration,
with respect to the real property to be annexed. The Supplementary
Declaration shall contain the following provisions:
(a) A reference to this Declaration, which
reference shall state the date of recordation hereof and the
book or books of the records of the Clerk and Recorder of
Garfield County and the page numbers where this Declaration
is recorded;
(b) A sxatement_ that such property has been
classified as a.Condominium PatEE'2, a Detached Housing
Parcel or as Common ecrea ion Reserve;
(c) A statement that the provisions of this
Declaration shall apply to such property;
(d) An exact description of such property and a
sequential designation of such property such as Condominium
Parcel No.
R�s,dzwti�rl
(e) In the event that the A cxed Real Property
or a portion thereof, is a on•omini Parcel, a reference
to a Condominium Map which shall be Recorded substantially
concurrently therewith;
�r„GF,ana/
(f) In the event that the Annexed '-al Property,
or a portion thereof, is a Condominium o setached Housin• 1
Parcel, a statement specifying i the n•ivided interest in
such property, which will be appurtenant to each Individual
Space or Lot established in such Parcel and that Owners of
Indivi ual Spaces or Lots located in other Parcels in thel__,2_,
Project will have no fee interest in such tercel, and (iif
theme undivided interest in the Common Recreation Reserve
which will be appurtenant to each Individual Space or Lot
established in such Parcel, said undivided interests Teing
-11-
l4
also the factors which determine the proportionate share of
real property and other such tax assessments that shall be
allocated to each Individual Space or Lot, the proportionate
share of the Assessments that will be charged to each Individual
Space or Lot and the number of votes attributable to each
Individual Space or Lot in the Association;
(g) Such other provisions as may be appropriate,
including any supplementary additions and modifications of
the convenants, conditions and restrictions contained in
this Declaration as may be necessary to reflect the different
character, if any, of such real property being added to the
Project and as are not inconsistent with the scheme of this
Declaration.
5.3 Merger or Consolidation. Upon a merger or
consolidation of the Association with another association as
provided by law, any real property owned by the Association
and the rights and obligations of the Association may be
transferred to the surviving or consolidated association, or
alternatively, any real property, rights and obligations of
another association may be added to any real property,
rights and obligations of the Association as a surviving
corporation pursuant to a merger. The surviving or consolidated
association may administer the covenants, conditions and
restrictions established by this Declaration within the
Project, together with the covenants, conditions and restrictions
established upon any other property, as one general plan and
scheme.
ARTICLE VI
Ownership of Common Elements;
Designation of Right to Use Limited Common Elements
6.1 Ownership of Common Elements. The fractional
undivided interests in the Common Elements within the Project
and which are and which shall be deemed to be appurtenant
to each respective Individual Space and Lot within the
Project are as follows:
?i7csiG<.,1,n 1
(a) ceondominium3Parcel No. 1 - Each owner of a
Condominium Unit the Individual Space of which is located on
Condominium Parcel No. 1, will own, and each deed covering
such Unit shall be deemed to include a 1/60th undivided
interest in Condominium Parcel No. 1 and the Improvements
thereon which are Common Elements hereunder;
r-(b)Additional Condominium or Detached Housing
Parcels - Each Owner of a Condominium Unit the Individual
& Space element of which is located on any Condominium Parcel
annexed into the Project, and each Owner of a Detached
G Housing Unit the Lot for which is located within a Detached
Housing Parcel will own, and each deed covering such Unit
shall be deemed to include a fractional undivided interest
in such Parcel and the Improvements thereon which are
Common Elements hereunder the numerator of which. is one and
the demoninator of which is the number of Individual Spaces
or Lots which are located on such Parcel. The exact undivided
interest appurtenant to each Individual Space or Lot in.a
Parcel shall be specified in the Supplementary Declaration
Recorded with respect to such Parcel; and
(c) Common Recreation Reserve - Each Owner of a
Condominium Unit or Detached Housing Unit in the Project
will own, and each deed covering such Unit shall be deemed
to include, a fractional undivided interest in the Common
Recreation Reserve and the Improvements thereon which are
-12-
Common Elements hereunder, the-numerator.nf_which is one and
the aenominator of which is_ 200.: provided, however, that on
or after October 31, 1983 or such earlier time as Declarant
may direct the Trustee, the Trustee shall convey any remaining
Reserved Undivided Interests therein held by it to the then
Owners so that the denominator shall be equal to the aggregate
number of all Condominium Units and Lots in the Project at
such time and in the manner provided in that certain Master
TE...1 Agreement dated October 11. 1973. and recorded October 23.
1973 Lill Book 451 at page 145 of Garfiald County Records. as
the same may be amended from time to time. In no event
shall the denominator of such fractional undivided interest
exceed 200.
6.2 Conveyance of Reserved Undivided Interest
to Trustee. Declarant has conveyed and transferred a frac-
tional undivided interest in and to the Common Recreation
Reserve to the Trustee of the Trust established under that
certain Master Trust Agreement dated October 11, 1973, and
recorded October 23, 1973 in Book 451 at page 145 of Garfield
County Records, as the same may be amended from time to
time. The Trustee shall hold, administer and convey such
Reserved Undivided Interest as set forth in such Master
Trust Agreement, as amended.
ARTICLE VII
Easements; Restrictions and Reservations
7.1 Easements and Rights of Owners. Subject to
the provisions of Sections 7.2 and 7.3 hereof, each Owner
and such Owner's Guests shall have a non-exclusive right and
easement of enjoyment and use in and to the General Common
Elements and such easement shall be appurtenant to and shall
pass with the title to every Unit. The easements granted
herein by each Owner to each other Owner and such Owner's
Guests shall include, without limiting the generality of the
foregoing, non-exclusive easement rights for the following
purposes:
(a) Ingress to and egress from recreational
facilities, public streets and walks in or adjacent or
appurtenant to the Project;
(b) Lateral support;
(c) Settlement and lateral movement of any structure
or improvement in the Project;
(d) Installation, repair and maintenance of
utilities, including water, gas, electricity and the like,
sanitary and storm and drainage sewers, telephone and television
lines, pipes and conduits and for access to all meters and
connections relating to said items; and
(e) Encroachments of any eaves, overhang or pro-
jections of any Buildings, structures or improvements on or
over the Common Elements, or any part thereof; erection or
re -erection of fences to screen all or part of certain
Individual Spaces or Lots from the remainder of the Project
and to afford a degree of privacy for the Owners and occupants
thereof.
7.2 Easements and Rights of the Association. The
rights and easements of enjoyment created hereinabove shall
be subject to the following provisions:
-13-
(a) The right of the Association to limit the
number of Guests;
(b) The right of the Association to establish
uniform rules and regulations pertaining to the use of the (:
Common Elements and the recreational facilities thereon, as 1
hereinafter set forth; t
(c) The right of the Association to charge non-
members reasonable admission and other fees for the use of
any recreational facility situated upon the Common Elements;
(d) The right of the Association to take such
steps as are reasonably necessary to protect and maintain
(as herein provided) the Project;
(e) The right of the Association, as provided in
the By -Laws, to suspend the enjoyment rights of any Member, ri
or his Guests, for any period during which any Assessment
remains unpaid, and for periods not to exceed thirty (30)
days for any infraction of its published rules and regula-
11 tions;
(f) The right of the Association to dedicate or
transfer all or any part of the General Common Elements or
to grant easements, licenses or the like to any public
agency, authority or utility or to grant licenses to any
private homeowner association or any private club (on a 1
membership fee basis), whether incorporated or unincorporated,
for such purposes and subject to such conditions as may be
agreed to by the Members; provided that, no such dedication, 11
transfer, grant of easement or license or the like shall beLA
effective unless approved by a vote of two-thirds (2/3rds)
of the voting power of the Membership of the Association in
accordance with the provisions of the -By -Laws and by vote of 11
one hundred percent (100%) of the Mortgagees.
(g) The Association shall have a non-exclusive
right and easement to make such use of the General Common
Elements, Limited Common Elements, Individual Spaces and
Lots as may be necessary or appropriate for the performance
of its duties and functions which it is obligated or permitted
to perform under this Declaration; and
(h) The Association shall have an easement, which
may be exercised by the Association for the benefit of any
Owner in the Project or in furtherance of the performance of
the duties and powers which it is obligated or permitted to
perform hereunder, for access through each Individual Space
and Lot and to all Common Elements during such reasonable
hours as may be necessary for the maintenance, repair or
replacement of any of the Common Elements located therein or
accessible therefrom or for making emergency repairs therein
necessary to prevent damage to the Common Elements or to
another Individual Space or Lot.
7.3 Easements and Other Rights and Reservations
of Declarant.
(a) Declarant, in subjecting the Project to this
Declaration, hereby reserves the following easements in,
across, over and to the General Common Elements for itself,
its Guests, its successors and assigns, for the purposes set 1
forth hereinbelow and such easements shall be appurtenant to
and shall pass with title to the Ranch including but not es
! limited to those portions of the Ranch known as the Homestead
Parcel, which is more particularly described in the Dec aration
10
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i
-14-
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;
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(1) A non-exclusive easement for access in,
over and across said General Common Elements and to the
Commercial Parcel, the Homestead Parcel and the public roads
and streets;
of Easements and Protective Covenants for Reserved Parcel
hereinabove referred to, and the Commercial Parcel.
(2) A non-exclusive easement of use and
enjoyment in and-T6-77e7General Common Elements equivalent
to the rights of use and eniovment thereof given herein to'
the Owners; and
(3) A non-exclusive easement for utility
service, installation, repair and maintenance of utilities,
including water, gas, electricity and the like, storm,
sanitary and drainage sewers, telephone and telephone lines,
pipes and conduits and for access to all meters and connections
relating to said installations.
�2 �•,,. y r,., r, t y rn
(b) Declarant, in -subjecting the Project to this
Declaration, hereby reserves the following easements and
rights therein for the,purposes of constructing the Buildings
or Improvements on 91d Real Property or Property to Be
Annexed and sellingtUnits owned by it; provided, however,
that no such use shall unreasonably restrict the Members use
and enjoyment of the Common Elements and facilities:
on rarcels:
(i) An exclusive easement (and the right to
enjoin the use by others) and right in and to
any Parcel if no Unit which includes an
Individual Space or Lot located thereon has
been Sold;
}k� ;^L,ios.4-",(1) For Purposes of -Constructing Improvements
(ii) An exclusive easement (and the right to
enjoin the use by others) to any Building
which is in any stage of construction prior
to final completion, and a non-exclusive
easement in, over and across the Common
Elements for access to such Building and for
all other purposes incident to the construction
thereof; and
(iii) The right to subject any unimproved or partially
improved.Parcel to a mortgage to secure a
construction loan incident to the construction
of the Buildings thereon; provided, however,
that such construction lender's rights therein
be subject and subordinate to this Declaration
and the rights of the Owners, other than the
Declarant, therein.
(2) For Purposes of Constructing Improvements
on the Common Recreation Reserve:
An easement and right in and to the Common Recreation
Reserve for the purpose of constructing such
recreational Improvements thereon as Declarant
may, in its sole and absolute discretion deem
advisable or desirable for the purpose of promoting
the sale of Units on Annexed Real Property.
�a /ro n,Nj;nr lvhvi
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. (3) Sales Offices and Displays:
The right of its agents and representatives to the
non-exclusive use of the General Common Elements
for display and exhibit purposes in connection
with the sale of Units.
7.4 Use Restrictions.
(a) ‘loxious Activities - No noxious or offensive
activities (including but not limited to the outdoor repair
of automobiles) shall be carried on upon the Project. A
vehicle which is not in operating condition shall not be•
parked or left on any street or on the property subject to
this Declaration other than inside a garage. No automobile,
boat, trailer, recreation vehicle, camper, truck or other
vehicular machine shall be parked or left on any street or
on any part of the Project other than a garage. The garages
shall be used for parking vehicles and storage purposes only
and shall not be converted for living or recreational activities.
Garage doors shall remain closed at all times except when
vehicles are entering or exiting a garage.
(b) Signs - Except for a sign colored black and
white having a maximum face area of,three square feet, and
advertising the property for sale, no advertising sign or
other advertising device of any character shall be erected,
maintained, or displayed upon any portion of the Project;
provided, however, that Declarant may erect and maintain
such signs and other advertising devices or structures as it
may deem necessary or proper in connection with the conduct
of its operations for the development, improvement, subdivision
and sale of said Project. The Association may summarily
remove and destroy all unauthorized signs. This provision
shall not be deemed to prevent or restrict in any way the
erection of street signs, exit signs, address signs, or the
like.
-
(c) Fences - No fence of any kind or nature shall
be erected or maintained around any portion of any Parcel except
as authorized in writing by the Association.
(d) Business Activity; Animals, Etc. - No business
or commercial activity shall be maintained or conducted in
any Individual Space.or on any Lot, except that Declarant or
a person designated by the Association as the Agent of the
Association for purposes of managing the property may maintain
management offices and facilities in an Individual Space or
on a Lot. No animals, livestock or poultry shall be kept in
any Individual Space or on a Lot except that domestic dogs,
cats, fish and birds in inside bird cages may be kept as
household pets within any Individual Space or on a Lot pro-
vided that they are not kept, bred or raised therein for
commercial purposes or in unreasonable quantities. As used
in this Declaration, "unreasonable quantities" shall be
deemed to limit the number of dogs, cats and birds to two
(2) each. The Association shall have the right to prohibit
maintenance of any animal which constitutes, in the opinion
of the Board, a nuisance to any other Owner. Dogs shall be
kept on a leash at all times when they are outside an Individual
Space or Lot. No boat, truck, trailer, camper or recreation
vehicle shall be used as a living area while located on the
property subject to this Declaration; however, trailers for
use incidental to the initial construction of the improvements
on such property may be maintained thereon, but shall be
promptly removed upon completion of construction.
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i
[s
(e) Trash - Trash, garbage, or other waste shall
be kept only in sanitary containers. All such containers
shall be kept in a clean and sanitary condition and shall be
stored in designated trash rooms, except when set out for a
reasonable period of time before and after scheduled trash
pickup times. No Owner shall permit or cause any trash or
refuse to be disposed of on any portion of the property
subject to this Declaration.
(f) Construction of Temporary Structures - No
shed, tent or temporary building shall be erected, maintained,
or used on any property within the Project; provided, however,
that temporary bui]'ings for use and used only for purposes
incidental to the initial construction of improvements and
buildings on any portion of the Project may be constructed
and maintained provided that such temporary buildings shall
be promptly removed upon the completion of such construction
work as hereinabove provided.
(g) Privies - No privy shall be erected, main-
tained or used upon any portion of the Project, but a temporary
privy may be permitted during the course of construction of
a building.
(h) Alterations - No structural alterations to
the interior of any Individual Space shall be made, and no
plumbing or electrical alterations within any bearing wall
shall be made by any Owner without the prior written consent
of the Association.
(i) Activities Affecting Insurance - No Owner,
except as provided herein with respect to the construction
of the Project, shall permit or suffer anything to be done
or kept upon his Individual Space or Lot which will increase
the rate of insurance carried by the Association or which
will obstruct or interfere with the rights of other Owners
nor annoy them by unreasonable noises or otherwise, nor will
he commit or suffer any illegal act to be committed therein.
Each Owner shall comply with all of the requirements of the
local or state Board of Health and with all other govern-
mental authorities with respect to the occupancy and use of
his Individual Space or Lot.
(j) Maintenance of Individual Spaces and Lots - Each
Owner shall maintain his Individual Space or Lot in good
repair and in sanitary condition. The Owner shall have the
exclusive right to paint and paper, and otherwise decorate
the interiors of his Individual Space according to his own
tastes, so long as no alteration of any permanent installation
or structure within said Individual Space shall be involved.
Each Owner shall have the.duty of general upkeep with respect
to the Limited Common Elements restricted for the exclusive
use of such Owner.
(k) Damage; Liability - Each Owner shall be
liable for any damage to the Common Elements, including
those located within or surrounding his Individual Space
or Lot, or to any of the equipment or Improvements thereon
which may be sustained by reason of the negligence or willful
misconduct of said Owner or of his family members, relatives,
Guests, both minor and adult, to the extent that any such
damage shall not be covered by insurance. In the case of
joint ownership of a Unit, the liability of such Owners
shall be joint and several. Any expense incurred by the
Board in repairing such damage, together with costs and
attorneys' fees, shall be a debt of the Owner causing same,
and the Board may specifically assess said Owner for the
amount thereof_
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>< t4
(1) Mineral Extraction - No property within the
Project shall be used in any manner to explore for or to
remove any oil or other hydrocarbons, minerals of any kind,
gravel, earth or any earth substance (except incident to
construction as herein contemplated) or other minerals of
any kind. This restriction shall in no way limit the right
of the Declarant, the Association or the Owners to remove,
transport, receive or otherwise supply water to the Owners
and the Declarant as hereinafter provided for in Article X
hereof. No machinery or equipment of any kind shall be
placed, operated or maintained upon the Project except such
machinery or equipment as is usual and customary in con-
nection with the construction, use and maintenance of the
Project.
(m) Rules and Regulations - The Board may, pur-
suant to the provisions of the By -Laws, adopt such rules and
regulations governing the use of any portion of the Project,
or the entire"Project, as it may deem desirable and in
accordance with the general principle of maintaining the
desirable quality of the Project. Specifically, without
limiting the generality of the foregoing, the rules and
regulations may govern such matters as the right of an Owner
to park or store trucks, boats, trailers, campers or other
such non -exclusively private passenger type vehicles, and
the right of any Owner or occupant to keep and maintain a
pet on the premises.
7.5 Delegation of Use. Any Owner may delegate,
in accordance with the provisions hereof, his right of
enjoyment to the Common Elements and facilities to the
members of his family and his Guests.
7.6 Owners Exclusive Right to Individual Space,
Lots and Limited Common Elements. Subject to the other
provisions of this Declaration, each Owner shall have full
and complete dominion and ownership of the Individual Space
or Lot which is part of the Unit owned by such Owner', and
each Owner and such Owner's Guests shall have the exclusive
right to use and enjoy the same and the Limited Common
Elements appurtenant thereto.
ARTICLE VIII
Membership and Voting Rights in the Association
` `:•jiZ !'
8.1 Membership. Every person having any of the
following described interests in any Unit which is subject by
these covenants to Assessment by the Association, shall be a
Member of the Association:
(1r1)-7
(a) The Record Owner of such Unit; and
(b) The Declarant.
Any person or entity having such interest merely
as security for the performance of an obligation shall not
be a Member. Membership and the right to vote shall be
appurtenant to and may not be separated from ownership of a
Unit. Unit ownership shall be the sole qualification for
membershi /l cnr7
8.2 Transfer. The membership held by Declarant
or any record Unit Owner shall not be transferred, pledged
or alienated in any way, except upon the sale of such Unit
and then only to the Purchaser thereof. Any attempt to make
a prohibited transfer is void and will not be reflected upon
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such cases wherein the director or officer is adjudged
guilty or willful misfeasance of malfeasance in the performance
of his duties; provided that, in the event of a settlement
the indemnification herein shall apply only when the Board
of Directors approved such settlement and reimbursements as
being for the best interests of the Association. The foregoing
rights of indemnification shall be in addition to and not
exclusive of all other rights to which such directors or
officer may be entitled.
8.5 Limitation Upon Liability of Association.
Notwithstanding the duty of the Association to maintain and
repair parts of the Project, the Association shall not be
liable for injury or damage, other than the cost of maintenance
and repair, caused by any latent condition of such property
to be maintained and repaired by the Association, or by the
Owners or their Guests.
If, due to the act or neglect of an Owner or such
Owner's Guests, loss or damage shall be caused to any person
or property, including the Project or any Individual Space
or Lot therein, such Owner shall be liable and responsible
for the same except to the extent that such damage or loss
is covered by insurance obtained by the Association and the
carrier of the insurance has waived its rights of subro-
gation against such Owner. The amount of such loss or
damage may be collected by the Association from such Owner
as a special assessment against such Owner, by legal pro-
ceedings or otherwise, and such amount shall be secured by a
lien on the Unit of such Owner as provided in Article XII of
this Declaration with respect to Assessments or other charges.
8.6 Property Held by Association. All funds and
the titles of all properties acquired by the Association and
the proceeds thereof shall be held by the Association for
the benefit of the Members in accordance with the provisions
of the Declaration, the Articles and the By -Laws.
ARTICLE IX
Duties and Powers of the Association
9.1 Duties of the Association. The Association
shall have the duties, subject to and in accordance with the
provisions of this Declaration, hereinafter set forth:
(a) Association Property. To accept and exercise
jurisdiction over all property, real and personal, conve (1)An✓r'r
to the Association by Declarant, including (1) "real property A4mo/p/401,-'
and improvements, if any, which are not Common Elements, (2) ..+%+k>+Aretn
the water rights and water and sewer facilities hereinafter c.„,,.ionsh"r'
described in Article X hereof, and (3) any easements for
operation and maintenance of the water and sewer systems as
herein provided over any portion of the Ranch, (4) any
easements for other operation and maintenance purposes over
the Ranch, and (5) any easements within the Ranch or any. 14.4,4A.,00-2
Common Recreation Reserve_cnr the benefit of the Members `t"
For purposes of this section, a non-excrusive easement,
license or other contractual right to use in favor of the
Owners and their Guests or any of them shall not be deemed a
lien or encumbrance. /The Association shall operate and
maintain, or provide for the operation and maintenance df
all of such property which may be conveyed to T by Declarant
end to keep ail L=vcamantS of_ whatever kind and for whatever
_rpose from_time to time located thereon in good order and
repair.
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The Association shall pay all real property taxes
and assessments levied upon any property conveyed, leased or
otherwise transferred to the Association, to the extent not
assessed to the Owners thereof. Such taxes and assessments
may be contested or compromised by the Association; pro-
vided, however, that they are paid or a bond insuring the
payment is posted prior to the sale or other disposition of
any property to satisfy the payment of such taxes.
The Association shall pay for water, sewer, garbage,
electrical, telephone, gas, maintenance, snow removal and
gardening service, and other necessary utility or other
services for the Association properties and paint, maintain,
provide snow removal service for, And repair such Association
properties and all Improvements thereto.
(b) Common Element Responsibility. Maintain and
otherwise manage, or cause to be managed, in a neat and
orderly condition, all of the Common Elements (except those
portions of the Limited Common Elements referred to in
paragraph 7.4(j) maintained by the Owner having the exclu-
sive use thereof; major maintenance thereof shall be the
responsibility of the Association) and all facilities and
improvements thereon or thereunder, including without limita-
tion, the maintenance of all landscaping of every kind and
character, including shrubs, trees, grass and other plantings
in a neat and orderly condition and in a manner to enhance
its appearance and the exterior maintenance of all Buildings
and other structures as further provided for in paragraph
9.1(c) herein.
(c) Exterior Maintenance. Maintain the exteriors
of all Buildings and other structures (including the balconies
of Buildings within any Condominium Parcel notwithstanding
anything contained in this Declaration to the contrary) in
the Project, except Buildings on any Lot, in good condition
and repair and in a manner to enhance their appearance,
including without limitation, painting, and repair and
replacement of roofs, gutters, downspouts, glass surfaces
and exterior Building surfaces.
(d) Other Activities. Undertake any activity,
function or service for the benefit of or to further the
interests of all, some or any Owners on a self-supporting,
special assessment or common assessment basis. Such activities,
functions or services may include the providing of police or
similar security services, the providing of firewood, the
providing of maid and cleaning service for individual Units,
and the providing of check-in, mail and telephone answering
service.
(e) Rule Making. To make, establish, promulgate,
amend and repeal Association Rules. A copy of the Rules
adopted by the Board, as they may from time to time be
amended or repealed, may but need not be mailed or otherwise
delivered to each Owner, or recorded. Upon such mailing,
delivery or recordation, said Rules shall have the same
force and effect as if they were set forth in and were a
part of this Declaration. In addition, as to any Owner
having actual knowledge of any given Rules, such Rules shall
have the same full force and effect and may be enforced
against such Owner.
(f) Audit. The Board shall provide for an annual
independent audit of the accounts of the Manager and Association
and for delivery of a copy of such audit to each Owner
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within thirty (30) days after completion thereof. Any Owner
may at any time and at his own expense cause an audit or
inspection to be made of the books' and records of the Manager
or the Association by a certified public accountant, provided
that such audit or inspection is made during normal working
hours and without unnecessary interference with the operations
of the Manager or the. Association.
•
(g) Water. and Sewer Systems. Provide water and
sewer services to-each Condominium Parcel, each Detached Housing
Parcel, the Common Recreation Reserve, the Commercial Parcel,
and the Hom tead Parcel in'accordance with the provisions
of Article X hereof.
(h) Othherr.. To carry out the duties of the Asso-
ciation set forth in this Declaration, the Articles and By-
Laws.
9.2 Powers and Authority of the Association.
The Association shall have all of the powers of a Colorado
non-profit corporation, subject only to such limitations
upon the exercise of such power as are expressly set forth
in the Articles, the By -Laws or the Declaration. It shall
have the power to do any and all lawful things which may be
authorized, required or permitted to be done by the Association
under and by virtue of the Declaration, the Articles, and
the By -Laws, and to do and perform any and all acts which
may be necessary or proper for or incidental to the exercise
of any of the express powers of the Association. Without in
any way limiting the generality of any of the foregoing
provisions, the Association shall have the power and authority
at any time:
(a) Assessments. To levy assessments on its
Members, and to enforce payment of such assessments in
accordance with the provisions of Articles XI and XII hereof.
(b) Right of Entry. Nothing in this Article
shall in any manner limit the right of an Owner to exclusive
control over his Lot or the interior of his Individual
Space; provided, however, that an Owner shall, -and does
hereby; grant the right of entry to the Association, or any
person authorized by the Association, in case of any emergency
originating in or threatening his Lot or the Building con-
taining his Individual Space, whether the Owner is present
or not. Provided further, that an Owner shall permit the
Association or any other person authorized by the Association,
to enter his Lot or Individual Space for the purpose of
installing, altering or repairing the Common Elements, pro-
vided that requests for entry are made in advance and that
such entry is at a time convenient to the Owner whose Lot or
Individual Space is to be entered. In case of an emergency,
such right of entry shall be immediate.
(c) Enforcement of Restrictions. To perform such
other acts, whether or not expressly authorized by the
Declaration, as may be reasonably necessary to enforce any
of the provisions of the Declaration.
(d) Manager. To retain and pay for the services
of a person or firm to manage its affairs (the "Manager") to
the extent deemed advisable by the Board, as well as such
other personnel as the Board shall determine shall be necessary
or proper for the operation or the conduct of the business
of the Association, whether such personnel are employed
directly by the Association or are furnished by the Manager.
The Association and the Board may delegate any of their
-22-
duties, powers or functions to the Manager, provided that
any such delegation shall be revocable upon notice by the
Association or Board. The Owners release the members of the
Board from liability for any omission or improper exercise
by the Manager of any such duty, power or function as delegated.
(e) Legal and Accounting Services. To retain and
pay for legal and accounting services necessary or proper in
the operation of or in performing any of the duties or
rights of the Association.
(f) Easements and Rights -Of -Way. To grant and
convey to any person easements, rights-of-way, parcels or
strips of land, in, on, over or under any Association Property
for the purpose of constructing, erecting, operating or
maintaining thereon, therein and thereunder, (1) roads,
streets, walks, driveways, parkways, and park areas, (2)
overhead or underground lines, cables, wires, conduits, or
other devices for the transmission of electricity for lighting,
heating, power, telephone and other purposes, (3) sewers,
storm water drains and pipes, water systems, sprinkling
systems, water, heating and gas lines or pipes, and (4) any
similar public or quasi -public improvements or facilities.
(g) Construction on Association Property. The
Association may construct new Improvements or additions to
the Association Properties or demolish existing Improvements;
provided that in the case of any Improvements, addition or
demolition (other than maintenance or repairs to existing
Improvements) involving a total expenditure in excess of One
Thousand Dollars ($1,000.00), the vote of a majority of each
Class of Members voting in person or by proxy at a regular
or special meeting called for that purpose approving plans
and a maximum total cost therefor shall first be obtained.
The Association shall levy a special assessment on all
Members for the cost of such work.
(h) Delegation of Duties. The Board may delegate
its duties to Committees established pursuant to the By -
Laws.
9.3 Attorney -In -Fact. The Association is hereby
irrevocably appointedted attorney-in-fact for the Owners of all
Units and each of them to manage, control and deal with the
interest of such Owner in Common Elements so as to permit
the Association 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 Common 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 Common Elements such as the private
streets and walkways to a public or quasi -public entity upon
approval of the Members by vote as herein provided, to deal
with the Project upon its destruction, condemnation, obsoles-
cence or termination as herein provided, to execute any
amendment or revocation of the Declaration, any Condominium
Map 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.
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[1
The acceptance by any person or entity of any
interest in any Unit shall constitute an appointment 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 Declaration with respect to Common Elements, the
terms of this Article X shall apply specifically 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 exc' t where the terms of this Article are clearly
inconsistent therewith, in which event the terms of this
Article shall control.
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, determines will benefit such
Members; including without limitation the creation of new
water rights, 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 accept the gift or 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 the
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 terms
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 the
Board, by majority vote, determines will benefit such Members.
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 Rights and Water and Sewer
Service Facilities. The water rights and water and sewer
service facilities described in the Water Deed recorded in
Book 447 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 Water and Sewer Service. Subject to compliance
with the terms of the Declaration, the payment of assessments
imposed pursuant to this Declaration, the payment of service
fees where required by service contract authorized by this
Declaration, and compliance with reasonable rules and regu-
lations established by the Association through a majority
-24-
vote of its Board, consistent with this Declaration, the
Association shall provide water and sewer service:
1ermmeimA
(a) To eac Unit now or hereafter within the
Project.
(b) To the Common Recreation Reserve, including
without limitation the provision of water for irrigation
thereof.
(c) To authorized uses within the Ranch, but not J,
included within the Project. Such uses shall'be served
pursuant to a service contract between the Association andel
h�i ►�cJv°`a
the Declarant, approved by majority vote of the Board of the °o "
Association. Any such service contract shall require the P"'j
Declarant to bear the cost of installing, maintaining and
operating facilities to serve _uch uses, in the manner
provided for Commercial and(omeste20 Parcels in subpara-
graph 10.5(d). rf-5!-re.-41..
(d) To the Commercial Parcel and to the(
Parcel, pursuant to a service contract or contracts - t e
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 Homestead Parcels
(except when additional water is 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 pro-
portions being based upon th antity of wa - wed to _1 -
the Commercial Parcel or thet.Hom.esteWd7Parcel relative to
the total quantity of water delivered through common 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 costs.
(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 cause it to be
classified as a public utility under the law of the State of
Colorado.
10.6 Allocation of Water. The Association, by
majority vote of the Board, may place restrictions upon its
water service or require those served by it to curtail water
use, when necessary in the judgment of the Board to provide
or protect an adequate supply of water during times of .0r�_, ; ��ra
shortage. Provided, however, _ the Board shall limit o _ - ,{ /,»..15
curtail non-domestic ,recreational purposed, prior to limiting �`sfi�
or curtailing service for commercial purposes. The Board
shall limit or curtail domestic service only in the event
that the reasonable curtailment or limitation of other 'f+! sA401
service is insufficient to provide an adequate supply of ibft,A+,
water in the judgment of the Board to serve domestic purposes --441.4,j
and essential non-domestic uses.
10.7 Financing. In order to provide financing for
the operation and maintenance of water and sewer service
facilities, the Association may 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 purchasersnits within the Project or upon the
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c 14
purchasers of residences elsewhere in the anc or up n any Y.
unit within the Commercial Parcel or theflomestead Parcel, 44"47
that fee shall be available to the Association.
Abide 4.41
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 convey some or all of its water rights and water and
sewer service facilities to a public district or to any
entity or individual which 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 Obligation
of Assessments and Service Fees. Declarant for each Unit in
the Project hereby covenants, and each Owner of any Unit
within the Project by purchasing a Unit, whether or not it
shall be so expressed, is and shall be deemed to covenant
and agree to pay to the Association:
(a) Annual Assessments or charges; and
(b) Special Assessments for capital improvements
or other such extraordinary items.
The annual and special assessments, together with
such interest thereon and costs of collection thereof as
provided hereinbelow in Section 12.1, shall be a charge on
the Unit and shall be a continuing lien upon the Unit against
which each such Assessment is made. The lien shall become
effective upon recordation of a notice of claim of lien in
accordance with Section 12.2 of this Declaration. Each
annual and special assessment, together with such interest
and costs, shall also be the personal obligation of the
person who was the Owner of such Unit at the time when the
Assessment, or any portion thereof, fell due and shall bind
his heirs, devisees, personal representatives, successors
and assigns; however, the personal obligation shall not pass
to his successors in title unless expressly assumed by them.
11.2 Purpose of Annual and Special Assessments.
The annual and special assessments levied by the Association
shall be collected, accumulated, and used exclusively for
the purpose of providing for and promoting the pleasure,
recreation, health, safety and social welfare of the Members
of the Association, including the improvement and main-
tenance of the Common Elements and facilities and to meet
overhead expenses of the Association.
11.3 Annual Assessments. The amount of annual
assessments shall be determined by the Board or its designated
agent, as provided for herein, after giving due consideration
to the projected Common Expenses.
11.4 Special Assessments for Capital Improvements, Etc.
In addition to the annual assessments authorized by Section 11.3,
the Association may levy for any assessment year a special
assessment for the purpose of defraying, in whole or in
part, the costs of any construction or reconstruction,
unexpected repair, or replacement of a described capital im-
provement upon the Common Elements, including the necessary
fixtures and personal property related thereto ,provided
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that any such assessment for a capital improvement shall
have the approval by vote or written consent of Members
entitled to exercise not less than majority of the voting
power of the membership of the Association or in the event
such amount is to be separately assessed against less than
all the Members, majority of the voting power of the Members
to be assessed. Special assessments may also be levied by
the Board in order to meet Common Expenses which have not
been adequately provided for by Annual Assessment.
11.5 Date of Commencement of Annual Assessments;
Due Dates. The annual assessments provided for herein
commenced as to all Condominium Units in Condominium Parcel
No. 1 on the first day of the month following the conveyance
of the first Condominium Unit within said Project to an
Owner. The annual assessment as to Units in any Annexed
Real Property, as such Parcels thereof are added to the
Project in accordance with the provisions of Article V
hereof and subjected to assessment hereunder, shall commence
with respect to all Units within each such Parcel, on the
first day of the month following the conveyance of the first
Unit therein to an individual Owner.
Annual assessments shall be levied on a calendar
year basis and shall be due and payable monthly in advance
or in such other manner as the Board may from time to time
establish.
The due date of any special assessment under
Section 11.4 hereof shall be fixed in the resolution authorizing
such assessment.
11.6 Duties of the Board. The Board shall fix the
amount of the annual and special assessment against each Unit
for each annual assessment period at least thirty (30) days
in advance of such period and shall, at that time, prepare a
roster of the Units within the Project and annual and special
assessments applicable thereto which shall be kept in the
office of the Association and shall be open to inspection by
any Owner during normal business hours.
Written notice of the annual and special assess-
ments shall be sent to every Owner subject thereto at least
fifteen (15) days in advance of each annual assessment
period.
The Board may at any time during the calendar year
to which such annual assessment relates, after consideration
of the current maintenance costs and, to the extent it deems
appropriate, the future needs of the Association, reduce the
amount of the annual assessment and adjust the monthly
payments due accordingly. In the event the Board exercises
the discretion granted herein, it shall notify the Members
of such adjustment as soon as is practicable.
11..7 Estoppel Statement. Upon demand, the Association
shall furnish to any Owner liable for annual and special
assessments a certificate in writing signed by an officer of
the Association setting forth whether said assessments or
any portion thereof have been paid. Such certificate shall
be conclusive evidence of payment of any assessments or
portion thereof therein stated to have been paid. A rea-
sonable charge may be made by the Board for the issuance of
any such certificate.
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11.8 Cost Centers - Rate of Assessments for Each Unit.
(a) Cost Centers. The costs and expenses of the
Association shall be allocated by the Association to separate
cost centers. There shall be a separate cost center (a
"Parcel Cost Center") maintained for each Condominium Parcel
A and each Detached Housing Parcel and all costs and expenses
of the Association clearly or reasonably attributable to a
l`tiock L:t‘ Parcel shall be allocated to the cost center for that Parcel.
ia•
There shall be maintained a separate cost center (the "General
f Cost Center") for costs and expenses clearly or reasonably
2 attributable to the Common Recreation Reserve, to Water and
Sewer Facilities, and to water and sewer service provided by
the Association and for other costs and expenses, including
overhead costs and expenses of the,Association, not clearly
or reasonably allocable to a Parcel Cost Center or to particular
/ Owners. There shall be allocated to the General Cost Center
all income and funds derived by the Association from Declarant
under Section 11.9 hereof, from fees or charges for use of
the Common Recreation Reserve or for water and sewer service.
The Association, acting through its Board, shall make all
i allocations of costs and expenses and income and funds to
`, cost centers in accordance with its reasonable judgment and
\all such allocations shall be conclusive and binding on all
Owners.
f( (b) Rate of Assessments of Units. Annual and
special assessments for each Unit existing in the Project
�shall be fixed at a rate determined by the Board so that the
Owners of each Unit will pay the Unit's proportionate share
of costs and expenses allocated to the cost centers in which
that Unit should participate. The proportionate share in a
Parcel Cost Center of a Unit the Individual Space or Lot for
which is within the Parcel shall be a fraction, the numerator
of which is one and the denominator of which is the number
of Units the Individual Space or Lot for which is located in
that Parcel. The proportionate share in the General Cost
Center of a Unit in the Project shall be a fraction, the
numerator of which is one and the denominator of which is
the sum of all Units then within the Project.
11.9 Covenant of Declarant Re Assessment. Declarant
covenants for itself and its successors and assigns that it
will bear a pro rata portion of the Common Expenses related
to the maintenance and operation of the Common Recreation
Reserve while it is a Class B member of the Association
under the provisions of Section 8.3 hereof. Said pro rata
share is to be determined by multipl ing such ex enses by a 3�n
fraction the numerator of which is 20 minus the number or
Units in Project from time to time and the denominator of 34'0
which is ego e balance o suc - senses s a
by the Owners, including Declarant, of Units in the Project
in accordance with the provisions of Section 11.8 hereof.
11.10 Authority of Board. Subject to the provisions
hereof, the Board shall have the power and authority to
determine all matters in connection with Assessments including
power and authority to determine where, when and how Assessments
should be paid to the Association, and each Owner shall be
required to comply with any such determinations.
Except as emergencies may require, the Association
shall make no commitment or expenditures,in excess of the
funds reasonably expected to be available to the Association.
11.11 Nonuse and Abandonment. No Owner may waive
or otherwise escape personal liability for the Assessments
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•
ter
provided for herein by nonuse of the Common Elements or
abandonment of his Unit.
ARTICLE XII
Non -Payment of Assessments
12.1 Delinquency and Remedies of Association. If
any annual or special assessments, or any portion thereof,
is not paid on the date when due (being the dates specified
in Sections 11.5 or 11.6 hereof), then such Assessment or
portion thereof shall become delinquent and shall, together
with interest and costs of collection as provided hereinbelow,
thereupon become a continuing lien on theNUnit against which
such Assessment was made as more particul ly described in
Section 11.1 hereinabove. pry
If the Assessment or any portion thereof is not
paid within thirty (30) days after the delinquency date, it
shall bear interest from the date of delinquency at the rate
of twelve percent (12%), and, in addition to all other legal
and equitable rights or remedies, the Association may, at
its option, bring an action at law against the Owner personally
obligated to pay the same, or upon compliance with the
notice provisions set forth in Section 12.2 hereinbelow, to
foreclose the lien against the Unit, and there shall be
added to the amount of such Assessment, or any portion
thereof, and interest thereon, all costs and expenses,
including reasonable attorneys' fees, incurred by the
Association in collecting the delinquent Assessment. Each
Owner vests in the Association, its successors or assigns,
the right and power to bring all actions of law or lien
foreclosure against such Owner or other Owners for purposes
of collecting delinquent Assessments.
12.2 Notice of Claim of Lien. No action shall be
brought to foreclose the lien, or to proceed under the power
of sale, less than thirty (30) days after the date a notice
of claim of lien, executed by a duly authorized representative
of the Association, is recorded within Garfield County
Records, said notice stating the amount claimed (which may
include interest and costs of collection, including reasonable
attorneys' fees), a good and sufficient legal description of
the Unit being assessed, the name of the record Owner or
reputed Owner thereof, and the name and address of the
Association as claimant. A copy of said notice of claim
shall be deposited in the United States mail, certified or
registered and postage prepaid, to the Owner of the Unit at
his address as shown in the records of the Association.
12.3 Foreclosure Sale. Any such sale provided for
above shall be conducted in accordance with the provisions
of the law of the State of Colorado applicable to the foreclosure
of mortgages. The Association, through its duly authorized
agent, shall have the power to bid on the Unit at foreclosure
sale, and to acquire and hold, mortgage and convey the same.
12.4 Curing of Default. Upon the timely curing of
any default for which a notice of claim of lien was recorded
by the Association, the officers of the association are
hereby required to file or record, as the case may be, an
appropriate release of such notice, upon payment by the
defaulting Owner of a fee to be determined by the Association,
but not to exceed $25.00 to cover the costs of preparing and
filing or recording such release together with the payment
of such other costs, interest or fees as shall have been
incurred.
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I.
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II
Il
II
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1
provided for herein by nonuse of the Common Elements or
abandonment of his Unit.
ARTICLE XII
Non -Payment of Assessments
12.1 Delinquency and Remedies of Association. If
any annual or special assessments, or any portion thereof,
is not paid on the date when due (being the dates specified
in Sections 11.5 or 11.6 hereof), then such Assessment or
portion thereof shall become delinquent and shall, together
with interest and costs of collection as provided hereinbelow,
thereupon become a continuing lien on the Unit against which
such Assessment was made as more particularly described in
Section 11.1 hereinabove.
If the Assessment or any portion thereof is not
paid within thirty (30) days after the delinquency date, it
shall bear interest from the date of delinquency at the rate
of twelve percent (12%), and, in addition to all other legal
and equitable rights or remedies, the Association may, at
its option, bring an action at law against the Owner personally
obligated to pay the same, or upon compliance with the
notice provisions set forth in Section 12.2 hereinbelow, to
foreclose the lien against the Unit, and there shall be
added to the amount of such Assessment, or any portion
thereof, and interest thereon, all costs and expenses,
including reasonable attorneys' fees, incurred by the
Association in collecting the delinquent Assessment. Each
Owner vests in the Association, its successors or assigns,
the right and power to bring all actions of law or lien
foreclosure against such Owner or other Owners for purposes
of collecting delinquent Assessments.
12.2 Notice of Claim of Lien. No action shall be
brought to foreclose the lien, or to proceed under the power
of sale, less than thirty (30) days after the date a •notice
of claim of lien, executed by a duly authorized representative
of the Association, is recorded within Garfield County
Records, said notice stating the amount claimed (which may
include interest and costs of collection, including reasonable
attorneys' fees), a good and sufficient legal description of
the Unit being assessed, the name of the record Owner or
reputed Owner thereof, and the name and address of the
Association as claimant. A copy of said notice of claim
shall be deposited in the United States mail, certified or
registered and postage prepaid, to the Owner of the Unit at
his address as shown in the records of the Association.
12.3 Foreclosure Sale. Any such sale provided• for
above shall be conducted in accordance with the provisions
of the law of the State of Colorado applicable to the foreclosure
of mortgages. The Association, through its duly authorized
agent, shall have the power to bid on the Unit at foreclosure
sale, and to acquire and hold, mortgage and convey the same.
12.4 Curing of Default. Upon the timely curing of
any default for which a notice of claim of lien was recorded
by the Association, the officers of the association are
hereby required to file or record, as the case may be, an
appropriate release of such notice, upon payment by the
defaulting Owner of a fee to be determined by the Association,
but not to exceed $25.00 to cover the costs of preparing and
filing or recording such release together with the payment
of such other costs, interest or fees as shall have been
incurred.
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12.5 Cumulative Remedies. The assessment lien and
the rights to foreclosure and sale thereunder shall be in
addition to and not in substitution for all other rights and
remedies which the Association and its assigns may have
hereunder and by law.
12.6 Mortgage Protection. Notwithstanding all
other provisions hereof, no lien created under this Article
XII nor any breach of the Declaration, nor the enforcement
of any provision hereof or of any Supplementary Declaration
hereto shall defeat or render invalid the rights of any
Mortgagee under any recorded Mortgage upon a Unit made in
good faith and for value, prior to recording of a Notice of
Claim of Lien, provided that after the foreclosure of any
such Mortgage or conveyance of any" Unit by deed in lieu of
foreclosure, the Mortgagee or other Owner of such Unit shall
remain subject to the Declaration and the amount of all
regular assessments and all special assessments to the
extent they relate to expenses incurred subsequent to the
date of the foreclosure sale shall be assessed hereunder to
the purchaser at such foreclosure sale.
ARTICLE XIII
Insurance
The insurance other than title insurance which
shall be carried upon the Project shall be governed by the
following provisions:
13.1 Authority to Purchase. The Association shall
obtain and maintain in full force and effect at all times
certain casualty, liability and other insurance as hereinafter
provided. All such insurance shall be obtained, to the
extent possible, from responsible companies duly authorized
to do insurance business in the State of Colorado with a
rating in Best's Insurance Guide (or any comparable publication)
of at least A -AAAA (or any comparable rating).
13.2 Fire Insurance - Condominiums and Common Elements.
The Association shall obtain insurance covering all Buildings
and improvements (as hereinafter defined in subparagraph (e))
on a Condominium Parcel or which are part of the Common
Elements or are Association Property and all personal property
owned by the Association or included in the Common Elements
and covering the risks set forth in subparagraph (b) hereof
as follows:
(a) Amount - Such property shall be insured in an
amount equal to the maximum insurable replacement value
(excluding foundation and excavation costs), as determined
annually by the Board. The Board shall obtain an appraisal
from time to time as the Board deems desirable for the
purpose of making its annual determination of the replacement
value of such property.
(b) Risks Insured Against - The insurance shall
afford protection against loss or damage by reasons of:
(1) Fire and other hazards covered by a
standard extended coverage endorsement; and
(2) Such other risks as from time to time
shall be customarily covered with respect to ruildings
similar in construction, location and use as the Buildings
in the Project, including, but not limited to vandalism
and malicious mischief;
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(c) Insurance Provisions - Such insurance policy
or policies should contain the following provisions:
(1) Such policy shall contain a provision
that in no event shall insurance coverage obtained and
maintained by the Board hereunder be brought into contribution
with Insurance purchased by Individual Owners or their
Mortgagees; and
(2)
policies shall:
To the extent possible, such policy or
(i) provide for a waiver of subrogation
by the insurer as to claims against the Association, its
directors, officers, employees and 'agents, and against each
Owner and each Owner's employees, agents and Guests;
(ii) provide that the insurance cannot be
cancelled, invalidated or suspended on account of the
conduct of the Association, its officers, directors, employees
and agents or of any Owner or such Owner's employees, agents
or Guest;
(iii) provide that any "no other insur-
ance" clause in the insurance policy shall exclude any
policies of insurance maintained by any Owner or Mortgagee;
(iv) contain a standard mortgage clause
endorsement in favor of the Mortgagee of any Unit or part of
the Project who is not covered by other and separate insurance
and provide for the identification of such Mortgagees and
for the allocation of their several interests to such
specific Units;
(v) provide that the policy of insurance
shall not be terminated, cancelled or substantially modified
without at least 30 days' prior written notice to the
Association and to each Mortgagee covered by any standard
mortgage clause endorsement;
(vi) provide that the insurer shall not
have the option to restore the premises if the Project is to
be terminated or the Project is to be sold in its entirety
in accordance with the destruction, condemnation and obsolescense
provisions of this Declaration;
(vii) provide that any standard mortgage
clause endorsement in favor of any Mortgagee of any Unit in
the Project be payable as herein provided;
(viii) provide that adjustment of loss be
made with the Board in accordance with the provisions of
Section 13.8 hereof;
(ix) provide that proceeds for losses
shall be payable in accordance with the provisions of Section 13.12
of this Article and of Article XIV hereof;
(x) name the Association as an Insured;
and
(xi) provide that the insurance shall not
be affected or diminished by failure of any Owner, Guest or
the Association to comply with any warranty or condition.
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(d) Evidence of Insurance - Duplicate originals
of the policies and all endorsements thereto, together with
proof of payment of premiums, shall be delivered to all
Mortgagees at the time such policies are issued, and at
least ten (10) days prior to the expiration of any then
current policies.
(e) Definition - As used in this Section 13.2,
the term "all Building and improvements" shall include,
without limitation, all Individual Spaces on a Condominium
Parcel and the standard partition walls, fixtures and in-
stallations initially installed by Declarant, as shown on
the original plans and specifications, as amended from time
to time, and replacements thereof; and shall exclude fixtures,
alterations, installations or additions situated within
the Individual Space.
13.3 Public Liability. The Association shall
maintain in full force and effect Comprehensive Public
Liability and Property Damage insurance covering personal
liability, property damage liability in such amounts and
with such coverage as shall be required by the Board,
including but not limited to hired automobile and non -owned
automobile coverages. The Board shall review such limits
once a year. To the extent possible, such public liability
and property damage insurance shall provide for coverage of
any cross liability claims of Owners against the Association
or other Owners and of the Association against Owners without
right of subrogation.
13.4 Workmen's Compensation Insurance. The
Association shall maintain in full force and effect Workmen's
compensation policy to meet the requirements of law.
13.5 Demolition Insurance. The Board may purchase
and maintain in full force at all times demolition insurance
in adequate amounts to cover demolition in the event of
destruction and a decision not to rebuild. Such policy, if
purchased, shall contain a determinable demolition clause,
or similar clause, to allow for the coverage of the costs of
demolition in the event of destruction and a decision not to
rebuild.
13.6 Other Insurances. The Association may obtain
such other insurance as the Board shall determine from time
to time to be desirable, including fidelity bonds or insurance
covering employees and agents of the Association and any
insurance indemnifying officers, directors, employees and
agents of the Association.
13.7 Deductible Provision. Any insurance policy
may contain such deductible provisions as the Association
deems consistent with good business practice.
13.8 Association as Agent. The Association is
hereby irrevocably appointed agent for each Owner to adjust
all claims arising under insurance policies purchased by the
Association and to execute and deliver releases upon the
payment of claims.
13.9 Certificates of Association's Policies.
Certificates of insurance coverage or copies of insurance
policies shall be issued to each Owner and Mortgagee who
makes a written request to the Association for any such
certificate or copy. The Association may charge a reasonable
fee for providing such copy or certificate to meet its ex-
penses incident to providing same.
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13.10 Expense of Premiums. The costs and expenses
of all insurance obtained by the Association, shall be
Common Expenses to be covered by Assessments.
13.11 Owners Insurance.
(a) Detached Housing Units. Each Owner of a
Detached Housing Unit shall obtain adequate insurance against
fire and other hazards with respect to Buildings and Improve-
ments on the Lot of such Owner.
(b) Other Insurance. Each Owner may obtain
additional insurance at his own expense, provided, however,
that all such policies shall contain waivers of subrogation
against all other parties covered by the Comprehensive
Public Liability Insurance policy, and further provided,
that no Owner shall be entitled to exercise his right to
maintain insurance coverage in such a way as to decrease the
amount which the Board, on behalf of all Owners, may realize
under any insurance policies which the Board may have in
force on the Project or any portion thereof at any time.
Any Owner who obtains an individual insurance policy or
policies covering any portion of the Project, other than the
personal property belonging to such Owner, shall file a copy
of such individual policy or policies with the Board within
thirty (30) days after the purchase of such insurance.
13.12 Beneficiaries of Insurance. All insurance
policies purchased by the Association shall be for the
benefit of the Association and the Owners and their Mortgagees
as their interests may appear, and shall provide that all
proceeds covering property losses shall be paid to the
Association.
ARTICLE XIV
Casualty, Condemnation, Obsolescence, and
Restoration or Sale of Project or Part Thereof
14.1 Certain Definitions. The following terms
shall have the following definitions:
"Substantial Destruction" shall mean any casualty,
damage or destruction to Affected Property if Restoration
of the Affected Property cannot reasonably be accomplished
or if the Estimated Costs of Restoration over and above
Available Funds are 15% or more of the estimated Restored
Value. "Partial Destruction" shall mean any other casualty,
damage or destruction to Affected Property.
"Substantial Condemnation" shall mean the complete
taking of Affected Property under eminent domain or by grant
or conveyance in lieu of condemnation or such a taking of
part of Affected Property if Restoration of the Affected
Property cannot reasonably be accomplished or if the Estimated
Costs of Restoration over and above Available Funds are 15%
or more of the estimated Restored Value. "Partial Condemnation"
shall mean any other such taking of Affected Property by
eminent domain or by grant or conveyance in lieu of eminent
domain.
"Substantial Obsolescence" shall exist whenever
75% in interest of the Owners with interests in the Affected
Property determine, by vote, that Substantial Obsolescence
exists or whenever the Affected Property has reached such a
state of obsolescence or disrepair that Restoration of the
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Affected Property cannot reasonably be accomplished or that
the Estimated Costs of Restoration over and above Available
Funds are 15% or more of the estimated Restored Value.
"Partial Obsolescence" shall mean any state of obsolescence
or disrepair with respect to Affected Property which does
not constitute Substantial Obsolescence.
"Affected Property" shall mean that portion of the
Project affected by casualty, damage, destruction, taking or
obsolescence but shall not include any Lot or the improve-
ments on any Lot. Casualty, damage. destruction, taking or
obsolescence with respect to a Lot is and shall be the
responsibility of the Owner thereof as prov?.ded in Section 14.7
hereof.
"Restoration," in the case of any casualty, damage,
destruction or condemnation, shall mean restoration of the
Affected Property to the same or substantially the same
condition in which it existed prior to the casualty, damage,
destruction, or condemnation, and, in the case of obsolescence,
shall mean restoration of the Affected Property to a condition
as attractive, sound and desirable as possible.
"Restored Value" shall mean the value of the
Affected Property after Restoration as estimated by the
Association.
"Estimated Costs of Restoration" shall mean the
costs of restoration as estimated by the Association.
"Available Funds' shall mean any proceeds of
insurance or condemnation awards or payments in lieu of
condemnation.
Available Funds shall not include that portion of
insurance proceeds legally required to be paid to another
party, including a Mortgagee, or that portion of any condemnation
award or payment in lieu of condemnation payable to.the
Owner of a Unit for the condemnation or taking of that
Owner's Lot or Individual Space.
14.2 Restoration of the Affected Property.
Restoration of the Affected Property shall be undertaken by
the Association without a vote of Owners in the event of
Partial Destruction, Partial Condemnation or Partial Obsolescence
but shall be undertaken in the event of Substantial Destruction,
Substantial Condemantion or Substantial Obsolescence only
with the consent of 75% in interest of all Owners with an
interest in the Affected Property. All Owners shall be
deemed to have an interest in the Common Recreation Reserve.
Only Owners with an Individual Space in a Condominium Parcel
or with a Lot in a Detached Housing Parcel shall be deemed
to have an interest in any such Parcel. When Restoration is
undertaken pursuant to this section and the insurance proceeds
actually received exceed the cost of Restoration, the excess
shall be paid and distributed to all of the Owners who have
an interest in the Affected Property, in proportion to their
undivided interest in the Common Elements in the Affected
Property.
14.3 Sale of the Affected Property. The Affected
Property shall be sold in the event of Substantial Destruction,
Substantial Condemnation or Substantial Obsolescence unless
consent to Restoration has been obtained from 75% in interest
of all Owners who have an interest in the Affected Property.
In the event of a sale, the Affected Property shall no
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longer be part of the Project or subject to this Declaration
and the proceeds of sale and any insurance proceeds, con-
demnation awards or payments in lieu of condemnation shall
be distributed by the Association to the Owners who have an
interest in the Affected Property in porportion to their
undivided interest in Common Elements in the Affected Property.
14.4 Authority of Association to Restore or Sell.
The Association, as attorney-in-fact for each Owner, shall
have full power and authority to restore or to sell the
Affected Property and each Unit in the Affected Property
whenever Restoration or Sale, as the case may be, is undertaken
as hereinabove provided. Such authority shall include the
right and power to enter into any contracts, deeds or other
instruments which may be necessary or appropriate for Restoration.
or Sale, as the case may be.
14.5 Payment of Proceeds. In the event of Substantial
Destruction, Condemnation or Obsolescence all insurance
proceeds, proceeds of sale, condemnation awards, or payments
in lieu of condemnation shall be paid to the Association,
as trustee for all of the Owners and all Mortgagees, who
have an interest in the Affected Property, as the interest
of such Owners and such Mortgagees may appear.
14.6 Special Assessments for Restoration. Whenever
Restoration is to be undertaken, the Association may levy
and collect assessments from all Owners who have an interest
in the Affected Property in proportion to each Owner's
undivided interest in Common Elements in the Affected Property,
payable over such period as the Association may determine,
to cover the costs and expenses of Restoration to the extent
not covered by Available Funds. Such special assessments
shall be secured by a lien on the Unit of each such Owner as
in the case of regular assessments. Notwithstanding any
other provision in this Declaration, in the case of Substantial
Destruction, Substantial Condemnation or Substanial Obsolescence,
any such special assessment shall not be a personal obligation
of any Owner who did not consent to Restoration but, if not
paid, may be recovered only by foreclosure of the the lien
against the Unit of such Owner.
14.7 Casualty, Etc., Affecting a Lot. In the
event of casualty, damage, destruction or obsolescence with
respect to a Lot or improvements thereon the Owner thereof,
when requested by the Association, shall restore the Lot and
improvements thereon at such Owner's cost and expense. For
purposes of this section, restoration shall mean either
restoring the Lot to the same or substantially the same
condition in which it existed prior to the casualty, damage
or destruction or, at the Owner's option, restoring the Lot
to as near its natural state as possible. If the Owner of
the Lot fails to restore the Lot within a reasonable time
after requested to do so, the Association may restore the
Lot and the costs and expenses of such restoration shall be
secured by a lien on the Detached Housing Unit of such Owner
as in the case of the lien for assessments.
14.8 Receipt and Application of Condemnation Funds.
All compensation, damages or other proceeds constituting
awards in condemnation or eminent domain or payments in lieu
of condemnation or eminent domain shall be payable to the
Association. The amount thereof allocable to compensation
for the taking of or injury to an Individual Space within a
particular Condominium Unit, to a Lot, or to improvements of
an Owner shall be apportioned to the Owner -of that Individual
Space, Lot or improvement. The balance of the award shall
-35-
4- ,L
be applied to costs and expenses of restoration, if necessary,
of the balance of the Project and, to the extent not so
applied, shall be allocated as follows: first, any portion
of the award allocable to the taking of or injury to Common
Elements shall be apportioned among all Owners who have an
interest in such Common Elements in the Affected Property in
proportion to their respective undivided interests in such
Common Elements; second, the amounts allocable to severance
damages shall be apportioned to Owners of Units which are
not taken or condemned in proportion to their respective
undivided interests in the Common Elements in the property
for which severance damages are awarded; and third, the
amounts allocated to consequential damages or for other
purposes shall be apportioned as the Association determines
to be equitable under the circumstances.
14.9 Reorganization in the Event of Condemnation
or Sale. In the event the Individual Space of a Condominium
Unit or a Lot is taken in condemnation or is sold pursuant
to the provisions hereof, the Unit containing that Individual
Space or Lot shall cease to be part of the Project, the
Owner thereof shall cease to be a member of the Association,
and the undivided interest in Common Elements appurtenant to
that Individual Space or Lot shall automatically become
vested in the Owners of the remaining Units in the Project
in proportion to their respective undivided interests in
similar Common Elements of the Project.
ARTICLE XV
Architectural Control
15.1 No Change in Property Without Approval.
IP Change in Property shall be made or permitted, except by
Declarant itself or the Association, without the prior
written approval of the Association and without compliance
with the provisions of this Article XV.
"Change in Property" shall mean: (a) The construction
or expansion of any building, structure or other improvements,
including utility facilities; (b) the destruction by voluntary
action or the abandonment of any building, structure or
other improvements; (c) the excavation, filling or similar
disturbance of the surface of land including without limitation,
change of grade, stream bed, ground level or drainage pattern;
(d) the clearing, marring, defacing or damaging of trees,
shrubs, or other growing things, (e) the landscaping or
planting of trees, shrubs, lawns or plants; or (f) any
change or alteration, including without limitation, any
change of color, texture or exterior appearance from any
previously approved Change in Property.
15.2 Certain Special Objectives. The Association
shall have complete discretion to approve or disapprove any
Change in Property. In exercising such discretion, the
Association shall keep the following objectives in mind,
among others: To carry out the general purposes a::pronsed
in this Declaration; to prevent violation of any specific
provision of this Declaration; to prevent any change which
would be unsafe or hazardous to any person or property; to
minimize obstruction or diminution of the view of others; to
preserve as much as possible visual continuity of the area
and to minimize marked or unnecessary transition between
improved and unimproved areas and any sharp definition of
boundaries of property ownership; to assure that any change
will be of good and attractive design and in harmony with
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-36-
the natural setting of the area and will serve to preserve
and enhance existing features of natural beauty; to assure
that materials and workmanship for all improvements are of
high quality comparable to other improvements in the area;
and to assure that any property will require as little
maintenance as possible so as to assure a better appearing
area under all conditions.
15.3 Conditions Precedent to Approval. Prior to
expenditures of any substantial time or funds in the planning
of any proposed Change in Property, the Owner of the property
shall advise the Association in writing of the general
nature of the proposed change; shall, if requested by the
Association, meet with a person or,persons designated by the
Association to discuss the proposed change; shall read
or become familiar with any guides or guidelines which may
have been prepared or formulated by the Association; and
shall, if requested by the Association furnish the Association
with preliminary plans and specifications for comment and
review. After the nature and scope of a proposed Change in
Property is determined and prior to the commencement of work
to accomplish such change, the Association shall be furnished
in duplicate, by the Owner of the property, with a complete
and full description of the proposed change in writing and
with a plot plan covering the particular parcel of property,
drawn to such scale as may be reasonably required by the
hssociation, showing all boundaries, showing existing and
proposed contour lines and elevations at reasonably detailed
intervals, showing all existing and proposed improvements,
showing the existing and proposed drainage pattern, showing
the existing and proposed utility and sanitation facilities
and showing the existing and proposed substantial trees or
shrubs. There shall also be furnished to the Association
by any Owner of property any and all further information
with respect to the property or the proposed Change in
Property which the Association may reasonably require to
permit it to make an informed decision on whether or not to
grant approval to the change. If the drainage pattern of
any property will be affected by any change, the Association
may require submission of a report on the effect by a qualified
engineer or geologist. With respect to all buildings and
other structures, the Association.may. require submission, in
duplicate, of floor plans, elevation drawings, and final
working drawings, all drawn to such scale as may be reasonably
required by the Association; descriptions of exterior materials
and colors and samples of the same; and final construction
specifications. Where buildings or structures or other
improvements which reasonably require plans and specifica-
tions are proposed to be constructed or built, the Association
may require that the plans and specifications be prepared by
a practicing licensed architect and that a fee of $200 be
paid to the Association to cover costs and expenses of
review, provided that all or part of the fee may be waived
by the Association in its discretion if the plans and specifications
furnished are prepared by a practicing licensed architect or
are easy to review. No proposed Change in Property shall be
deemed to have been approved unless approval is in writing
provided that approval shall be deemed given if the Association
fails to approve or disapprove a proposed change or to make
additional requirements or request additional information
within 45 days after a full and complete description of the
proposed change has been furnished in writing together with
a written and specific request for approval.
15.4 Prosecution of Work After Approval. After
approval of any proposed Change in Property, the proposed
change shall be accomplished as promptly and diligently as
-37-
possible and in complete conformity with the description of
the proposed change and with any plans and specifications
therefor given to the Association. Failure to accomplish
the change within one year after the date of approval or to
complete the proposed change strictly in accordance with the
description thereof and plans and specifications therefor
shall operate automatically to revoke the approval of the
proposed change and, upon demand by the Association, the
property shall be restored as nearly as possible to its
state existing prior to any work in connection with the
proposed change. The Association and its duly appointed
agents may enter upc:n any property at any reasonable time or
times to inspect the progress or status of any Change in
Property being made or which may have been made. The
Association shall have the right and authority to record a
notice to show that any particular Change in Property has
not been approved or that any approval given has been auto-
matically revoked.
15.5 Assignment of Functions: Any functions to
be performed by the Association pursuant to this Article XV
may be assigned by the Association to Declarant or to one or
more officers or agents of the Association in whole or in
part at any time or from time to time at the sole discretion
of the Association.
ARTICLE XVI
Duration; Amendment; Partition
16.1 Duration; Amendment. The covenants, condi-
tions, limitations, restrictions, reservations, liens and
charges hereby established shall bind the Real Property
within the Project as herein set forth, as follows:
(a) Duration - This Declaration, shall continue in
full force for a term of fifty (50) years from October 11,
1973, after which time the same shall be automatically
extended for successive periods of ten (10) years, unless a
declaration of termination meeting the requirements of an
amendment to this Declaration as set forth in subsection (b)
below is recorded in the public records of Garfield County,
Colorado. Provided, however, that no such covenants, conditions,
limitations, restrictions, reservations, liens and charges,
if any, which are subject to the laws commonly referred to
as the Rule Against Perpetuities or the Rule Prohibiting
Unreasonable Restraints On Alienation shall remain in force
and effect for a period beyond twenty-one (21) years following
the death of the survivors of Jay Kee Jacobson, Ronald W.
Johnson or C. T. Spines, and the now living children of said
persons.
(b) Amendment - Notice of the subject matter of a
proposed amendment to this Declaration in reasonably detailed
form shall be included in the notice of any meeting of the
Association at which a proposed amendment is to be considered.
A resolution adopting a proposed amendment may be proposed
by an Owner at a meeting of Members of the Association. The
resolution shall be adopted by approval of Owners owning in
the aggregate not less than a seventy-five percent (75%)
interest in the Common Recreation Reserve. A copy of each
amendment shall be certified by at ]cast two officers of the
Association and the amendment shall be effective when recorded
in the public records of Garfield County, Colorado; provided
further, that any of the following amendments to be effective
-38-
k 14- *
must also be approved in writing by the record holders of
Mortgages on not less than three-fourths (3/4) of the Units
in the Project which are encumbered by a Mortgage.
(i) Any amendment which affects or purports
to affect the validity or priority of Mortgages or the
rights or protection granted to Mortgagees;
(ii) Any amendment which would necessitate a
Mortgagee after it has acquired a Unit through fore-
closure to pay more than its proportionate share of any
unpaid assessment or assessments accruing prior to such
foreclosure;
(iii) Any amendment which would or could re-
sult in a Mortgage being cancelled by forfeiture, or in
the individual Units not being separately assessed for
tax purposes;
(iv) Any amendment relating to the insurance
provisions as set out in Article XIII hereof, or to the
application of insurance proceeds, or to the disposition
of any money received in any taking under condemnation
proceedings;
(v) Any amendment which would alter the
proportionate ownership interest of the Unit Owners in
the Common Elements from the interest established
hereunder or to be established with respect to Annexed
Real Property pursuant to Article V hereof; provided,
however, that the changes of interest contemp]ated in
Article VI and the Master Trust Agreement shall not be
considered to be a change in proportionate interest
hereunder;
(vi) Any amendment which would effect a
partition of a portion or all of the Common Recreation
Reserve;
(vii) Any amendment which would materially
change Articles XIV or XVI hereof; and
(viii) Any amendment that would effect a.ter-
mination of the condominium form of ownership with
respect to Condominium Parcels within the Project.
A certificate, signed and sworn to by two officers
of the Association, that Owners holding at least a seventy-
five (75%) interest in the Common Recreation Reserve have
either voted for or consented in writing to any amendment
adopted as above provided, when recorded, shall be conclu-
sive evidence of such fact. The Association shall maintain
in its files the record of all such votes or written consents
for a period of at least four (4) years.
ARTICLE XVII
Enforcement; Waiver
17.1 Effect of Covenants. Each provision of this
Declaration, and any agreement, promise, covenant and undertaking
to comply with each provision of this Declaration, and any
necessary exception or reservation or grant of title, estate,
right or interest to effectuate any provision of this
Declaration shall:
(a) be deemed incorporated in each deed or other
instrument by which any right, title or interest in the
-39-
Project or in any Unit is granted, devised or conveyed,
whether or not set forth or referred to in such deed or
other instrument;
(b) by virtue of acceptance of any right, title
or interest in the Project or in any Unit by an Owner, be
deemed accepted, ratified, adopted and declared as a personal
covenant of such Owner, and as a personal covenant, shall be
binding on such Owner and such Owner's heirs, personal
representatives, successors and assigns, and shall be deemed
a personal covenant to, with and for the benefit of the
Association but not to, with or for the benefit of any other
Owner;
(c) be deemed a real covenant by Declarant, for
itself, its successors and assigns, and also an equitable
servitude, running, in each case, as a burden with and upon
the title to -the Project and each Unit and, as a real covenant
and also as an equitable servitude, shall be deemed a covenant
and servitude for the benefit of the Project and each Unit;
and
(d) be deemed a covenant, obligation and restriction
secured by a lien in favor of the Association burdening and
encumbering the title to the Project and each Unit in favor
of the Association.
17.2 Enforcement. Violation or breach of any
covenant, condition or restriction herein contained shall
give the Association, the right to enter upon the property
upon or as to which said violation or breach exists and to
summarily abate and remove, at the expense of the Owner
thereof, any structure, thing or condition that may exist
thereon contrary to the intent and meaning of the provisions
hereof, and/or shall give to the Association or the Owner of
any Unit, including Declarant, the right to prosecute a
proceeding at law or in equity against the person or persons
who have violated or are attempting to violate any of these
covenants, conditions or restrictions to enjoin or prevent
them from doing so, to cause said violation to be remedied
or to recover damages for said violation.
17.3 Waiver of Enforcement. The failure of the
Association or the Board to insist, in any one or more
instances, upon strict performance of any of the covenants,
conditions, limitations, restrictions, reservations, liens
and charges as set forth in this Declaration, or to exercise
any right or option herein contained, or to serve any notice
or to institute any action shall not be construed as a
waiver or relinquishment, for the future, of such term, of
such covenant, condition, limitation, restriction, reservation,
lien or charge shall remain in full force and effect. The
receipt and acceptance by the Board of any assessment from
an Owner, with knowledge of the breach of any covenant
hereof, shall not be deemed to waiver such breach, and no
such waiver by the Board of any provision hereof shall be
deemed to have been made unless expressed in writing and
signed by the Board.
ARTICLE XVIII
Miscellaneous
18.1 Severability. Invalidation of any one of the
covenants, conditions or restrictions by judgment or court
order shall in no ways affect any other provisions, which
shall remain in full force and effect.
-40-
1
r
18.2 Succession. This Declaration shall be binding
upon, and shall inure to the benefit of, the heirs, personal
representatives, successors and assigns of Declarant, and
the heirs, personal representatives, grantees, and assignees
of the Owner.
18.3 Notices. Any notice required to be sent to
any Member or Owner under the provisions of this Declaration
shall be deemed to have been properly sent when mailed,
postage prepaid, to the last known address of the person who
appears as Member or Owner on the records of the Association
at the time of such mailing.
18.4 Captions. Section and other headings are
inserted for convenience only and are not intended to be a
part of this document or in any way to define, limit or
describe the scope or intent of the particular section to
which they refer.
18.5 Singular Includes Plural. Whenever the
context of this Declaration requires same, the singular
shall include the plural and the masculine shall include the
feminine.
18.6 Construction. The provisions of this Declaration
shall be liberally construed to effectuate its purpose of
creating a uniform plan for the development and operation of
the Project.
18.7 Obligation of Owner and Members. The terms
and provisions set forth in this Declaration are binding
upon all Owners of all Units, the Association, and all
Members in the Association. In addition, both the Member
and the Units shall be subject to the terms and provisions
of the Articles of Incorporation and -By -Laws of the Association.
Each member shall cause the Association to exercise
all of the powers and privileges and perform all of the
duties and obligations of the Association as set forth in
this Declaration, the Articles and By -Laws.
18.8 Incorporation By Reference. Exhibits "A"
through "D" and each of them, attached hereto are hereby
expressly made a part hereof and incorporated herein by
reference.
IN WITNESS WHEREOF, Declarant has executed this
Declaration on the day and year first above written.
RANCH AT ROARING FORK, INC.
A Colorado Corporation
By
President
By
Secretary
"Declarant"
-41-
STATE OF COLORADO
COUNTY OF GARFIELD
ss.
On , 1977, before me, the
undersigned, a Notary Public in and for said State, personally
appeared , known to me to be the
President, and , known to me to be
the Secretary of the Corporation that executed the within
Instrument, known to me to be the persons who executed the
within Instrument on behalf of the Corporation therein
named, and acknowlelged to me that such Corporation executed
the within Instrument pursuant to its By -Laws or a resolution
of its Board of Directors.
WITNESS my hand and official seal.
My Commission Expires:
Notary Public
-42-
JUL wo ." Box 551 na429
- Recorded eft it ecicdc ja; •
Recepfcn N. 305407 MILDRED ALSDORF: RECORLER ..„ •
-, . • -.'-:-
- • - ....
•.
--,;',...„7.,:-.,,,,v.: ..- :. FIRST AMENDMENT - . ......„, ,..=
'...3..: • ': ,, 4 ,.-;:...:.,:::: , : - ,,-,,•..:- '' ' - TO
.., - ,,,,,•4',.
4, '. . --,AMENDED DECLARATION --._‘•,07.:_<,,, A
*1: - Z..:•- ,: ,-,.'..• -- • . ;.'•-• :' FOR, _ •-•••• ' -
7,••• RANCH AT ROARING FOkk q
• - • . •
_ • _ -
-This Certificate of Amendment is dated as of June 7,
.1980. . . - :, - - . .
1. Amended Declaration. 'Amended Declarationshall - ',..::i4':
mean the.Amended Declaration of Covenants, Conditions, Limita-
tions, Restrictions, Reservations, Liens and Charges for Ranch „
at Roaring Fork dated October 26, 1977 and recorded October 26,-:..,":':-,_
- . 1977 in Book 502 at page 82 of Garfield County, Colorado records.
. .
., • .
-2. Certificate of Amendment. As provided in Section --,•_:1,--
16.1(b) of the Amended Declaration, the undersigned two officers
of Ranch at Roaring Fork Homeowners Association, Inc., a Colorado '-•,:
non-profit corporation, hereby certify that the hereinafter de-
scribed
- :•-'''.-. ,i,,:
amendment was duly adopted as an amendment to the Amended
Declaration in accordance with the provisions of the Amended • : '--: '''::,-
Declaration and that Owners, as defined in the Amended Declare-- ....z,-
. tion, holding at least 75% interest in the Common Recreation Reserve "-_--
.
approved said amendment.
. .
. •
3. Terms of Athendment. The amendment to the Amended
;:-Declaration amends and replaces Section 5.1(a) of the Amended- ' • ,
Declaration to read as follows:
(a) Additions within the Ranch - If an Owner in-
tends to develop, or cause to be developed, additional
-,•
-real property within the Ranch, such Owner shall have
- the right to annex such real property into the Project,
and bring such real property within the provisions of
this Declaration only upon the approval of the Asso-
ciation with the exception that any lot on which, as
of April 1, 1980, there existed an occupied dwelling --•
• -• and for which all assessments levied, as of April 1,
.1980, and thereafter, by the Association have been paid,
shall be automatically entitled to approval for annexa-
.„ --
.tion. Except as to such lots entitled to automatic
approval for annexation, the Association can impose
•• conditions, including a charge or fee, for annexation. 7
. - . -
Executed as of the day and year first above written.
• . •
'eet.;;41,t, • • j.
• •
_ .
--Secretary of RAnch at Roaring
Fork Homeowners Association,
inc. , a Colorado nTi-profit
II -corporation
- • -
STAT:..OF COLORADO )
). ss
1 6 ,.
residen of.„)Ranch at Roaring
Fork Homeowners Association,_
Inc., a Colorado non-erofit
corpoiation
? _ .
COUNTY OF GARFIELD ) , - ..:,..A4.%
II.,-. .
The foregoing instrument was acknowledged before me this
Rth day of July, 1980 by Adrian Twirp Anderson • - as President ___,--..p--•
' and-- Connie K. Shaw --- as Secretary of Ranch at Roaring:Fork.:
li-1:- 2.-Homeownera Association,c„app.9Ff4M!;gFc_4is!Tryg!*gil.... _Icea,„
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I 4-
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 lots. 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. Overiot 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 Toads 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 loads 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 -1781 2
1
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,
nch
4"4->.
JM:Ip
JM:Ip
e• ling,
(5 copies sent)
STRYKER/BROWN ARCHITECTS
JOB NO. GS -1791
Not part of this report.
cn
LOCATIONS OF TEST PITS
a
Job No. GS -1701
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Depth In Feet
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I I 1 1 1 I 1 1
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iaag nI tnda j
SUMMARY LO
Job No. GS -1791
11
is
HYDROMETER ANALYSIS
SIEVE ANALYSIS
25 HR 7 HR TIME READINGS
45 MIN 15 MiN 60 MIN. 19 N. 4 MIN. 1 MIN •200 '100 •50 •40.30 • 16 '10'8
103. 'MI.
U.S STANDARD SERIES
90:
80
70:
'E 50
40
30
20
10 -
CLEAR SQUARE OPENINGS
• 4 318' 314' 1./2". 3' 5'6' 80
-10
.20
{ I . i
1 1 j
0. _.. . 1 1 Tt[ t__ 1 J! !:. i .:._-.I_.1 L1 �1�1Z1_____1 ..-1
001 002 .005 .009 .019 .037 074 .149 .297 .590 1.19 2.0 2.38
0.42
DIAMETER OF PARTICLE IN MIWMETERS
4.76 9.52
- .70
80
:90
i !
1. s 11£11_7 -100
19.1 36.1 76.2 127 200
152
CLAY (PLASTIC) TO SILT (NON -PLASTIC)
SAND
GRAVEL
FINE
MEDIUM 1 COARSE
FINE 1 COARSE 1 COBBLES
Sample of GRAVEL, SILTY, CLAYEY WITH COBBLES (CL GRAVEL 54 % SAND 17
From TP -1 AT 4 TO 6 FEET SILT&CLAY 29 % LIQUID LIMIT %
PLASTICITY INDEX
HYDROMETER ANALYSIS
SIEVE ANALYSIS
25 HR. 7 HR TIME READINGS
45 MIN. 15 MW. 60 MIN. 19 MIN. 4 MIN. 1 MIN. '200 100 •50 '40'30r • 16 '10 '4
100,
-—
f 1
�
US. STANDARD SERIES
80- --
CLEAR SQUARE OPENINGS
318' 3/T4 -____1'42"______T..5-1_,.. _ �
1 --I-;-._._ + -{-1,--=10
,
-+ 20
1 1 -L-- - i __ a 30
T _
1 I 1 { 1 - t
O 1 I ' cl
4,2 60.. _ --
1 ...) 1 -- - 1. —
y 4°1 I
) _-{ _i I t -
w - TS- y0
-I-
1i Tz
2 { i --- =- 2
i
30 1 - 0
_I r-17
20' • T r-_.__-1 T- -80
I i I
10 . I- I .. { i. X90
�. I I 1 I 1 l
0 ' , :.1 1.I , I: ; , : t 1 ii, , 1 t :. L U_. _.1 h_. 4 1 ii.,11 _ • 7100
.001 .002 .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
t..
CLAY (PLASTIC) TO SILT (NON -PLASTIC)
SANG
FINE
MEDIUM 1 COARSE
GRAVEL
FINE 1 COARSE 1 COBBLES
Sample Of GRAVEL, SANDY , WITH COBBLES (GP) GRAVEL 71 % SAND 20
From -3 AT 5 TO 6 FEET SILT & CLAY 9 % LIQUID LIMIT %
PLASTICITY INDEX
JOB NO. GS -1791
Gradation
Test Results ,x 1
FTG. 3
APPENDIX A
SITE GRADING SPECIFICATIONS
STRYKER/BROWN ARCHITECTS
JOB NO. 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 less 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
A-1 Ia
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
r:g
u
Il
II
II
I 1
11
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. FII 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
e(_
S TRYKER/B ROWN
A R C H I T E C T S, P C
EXHIBIT 16
Article 4.07.06 Response
History of the Parcels
August 20, 1996
RE: The Tri -T Parcel (aka: Parcel. 1. Final Plat. Phase I: & "D" Units. Roaring Fork Ranch.
Garfield County. Colorado, owned by Jane J. Jenkins- "Tri -T") and the Wix/Brown Parcel (aka:
Parcel B. Resubdivision of Parcel 2, Phase II. Town Center, Roaring Fork Ranch. Garfield.
County. Colorado)
The density proposed for the two parcels is 5.01 +/- units per acre (28 units on 5.5854 +/- acres).
Greater than 4 units per acre is possible to be considered by the Board of County Commissioners because
previous zoning and existing zoning is for twice that amount (56+/- condominium units possible on the
"D" units parcel (aka, Tri -J, or Parcel 1, Phase II, Town Center and D Units). Both parcels are within
Phase II, of the Roaring Fork Ranch Planned Development/ Subdivision (known as the Ranch at
Roaring Fork.
The footprints approved under the current Planned Development approvals will allow 18-19
units per floor and 3 floors within the 30' height limit allowed by the PD on Parcel I (Tri -J), and
Commercial and Service Centers (Town Center) on Parcel 2B.
The Tri -J Parcel/ PARCEL 1, PHASE II and "D" UNITS, ROARING FORK RANCH
Zoning
The Jenkins (Tri -J) wish to change the permitted use from Hotel/Co::dominium to Residential.
The desired mix of residential is 4 single family homes of 3 to 4 bedrooms and an attached garage each,
and 4 dupexes (8 condominiumized dwelling units) of 2-3 bedrooms in each dwelling unit. The request, in
the PUD/Subdivision application to Garfield County, is to "down zone" the parcel to a lower intensity
use that is more compatable with the existing residential neighborhood.
Use History
The rrevious owner, Mr. Coates, obtained zoning approvals for 25 dwellings on the 2.599 +/- acre
site. Mr. Coates, however, did not meet all the conditions of approval and the zoning subsequently
reverted to the previous zoning, Hotel -Condominium. The Planning department has verified the
building may be 30 feet high (three stories) with as many dwellings/condominiums as can be designed
on the approved footprint. The approved footprint is approximately 220' long and 45' wide. It is
possible to design 19+/- units on each floor, or about 56 units.
The agreement made July 26, 1990 between RFR Partners and the Ranch at Roaring Fork
Homeowners Association (Homeowners), agreed to a development of no more than 25 Condominium
Units. Therefore, the current underlying zoning would allow 56+/- units, but the 7-26-90 agreement
restricts development to 25 units maximum.
The agreement, recorded at Book 864. page 243, (EXHIBIT 17)states in article 8,
"Homeowners agree that in consideration of the mutual promises and covenants
contained in this Agreement and for the covenants implicit in this Agreement for RFR
to voluntarily down zone Condominium Parcel No. 2 from 40 condominium units to not
more than 25 condominium units, Homeowners agree to affirmatively support RFR's
land use and zoning applications and proceedings to secure the right to develope
Condominium Parcel No. 2 as contemplated by this Agreement. Such support shall
include providing a written letter in unconditional support for RFR in such land use
process.
300 SOUTH SPRING STREET, SUITE 300
A S P E N, COLORADO 81 6 1 1
970.925.2254 925.2258 (FAX)
Exhibit 16
August 20, 1996
page two
Utility Service Agreements in Place
In the aggreement made July 26, 1990 (EXHIBIT 18) between RFR Partners and the Ranch at
Roaring Fork Home Owners Association (RRFHOA), RRFHOA agreed to provide water and sewer
facilities for the 25 Condominium Units. System development, tap and connection charges, i.e., "tap
fees" are recited in that agreement.
Article 4.d: Water and Sewer Facilities states:
"Homeowners represent to RFR that the currently existing and owned water rights,
water and sewer facilities and all approvals and permits therefore are in good standing
and sufficient and adequate in scope, integrity and capacity to serve the Condominium
Parcel No. 1 (Tri -J) for the uses and demands contemplated by this Agreement."
The utility agreement is pursuant to the 1973 Deed, (RFR's right to water and sewer service
from the Ranch at Roaring Fork Homeowners Association) recorded in Book 447 at Page 140, of Garfield
County. (EXHIBIT 19)
Six (6) of the 25 taps have been paid for (5 taps paid on July 19, 1973, copy of bill of sale
follows, and 1 tap paid on July 24, 1993, copy of letter of transmittal and check follow). (EXHIBIT 20)
PARCEL 2B, PHASE IL TOWN CENTER. (The WixBrown Parcel)
David Brown, currently under contract to purchase Parcel 2B from John Wix and his partners,
Stagecoach Limited, (Wix/Brown), does hereby apply to Garfield County for a PUD/Subdivision that
will change the permitted use from Commercial to Single -Family Residential.
The desired mix of residential is 16 single family homes of 3 bedrooms and an attached garage
for each home. The request, in the PUD/Subdivision application, will be for Garfield County to "down
zone" the parcel to a lower intensity use that is more compatable with the existing residential
neighborhood.
Use History
The previous owner, Stagecoach Associates, Mr. John Wix, currently has zoning approvals for
commercial centers on the 3.0 +/- acre site. The Planning department will allow the building(s) to be 30
feet high (three stories) and can be designed on the approved footprints, one of which is for a "service
center", i.e., gas station.
The parcel was Re -subdivided into Parcel 2A, The Relay Station/Stagecoach Inn building, and
the surrounding Parcel 2B. Parcel 2B granted a parking license to Parcel 2A. During the events of the
past several months, the conditions required to continue the parking license were not met and Mr. Wix
revoked the parking license. The Relay Station is currently closed.
After meeting with the Board and some of the residents of the Ranch at Roaring Fork
Homeowners Association to determine an acceptable use (on parcel 2B) to the neighborhood, David
Brown heard that they preferred 22 single family homes on the Parcel 2B site rather than a
Commercial Center or Multi -Family Townhomes. David Brown has designed a site plan for only 16
single family homes in response to the input of those neighbors.
Taken together as a whole, the Tri-J/Wix/Brown parcels will create a development of 28
residences (20 single family, 4 duplexes). This is only 3 units greater than the 25 the Homeowners and
the County have previously agreed to on the Tri -J parcel(PARCEL 1), and will preclude the
development of a shopping and service center on Parcel 2B (Wix/Brown). The 28 units proposed are
significantly less and less dense than could be build under the current zoning on Parcel 1 alone.
EXHIBIT 16
August 20, 1996
page three
Utility Service Agreements in Place
A Deed (EXHIBIT 19), 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
"as required from time to time by Grantor, its successors and assigns, (Wix/Brown), 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."
A Water and Sewer Service Agreement (EXHIBIT 21) (for the Commercial Parcel) between the
Ranch and Roaring Fork Homeowners Association and Stagecoach Associates, Ltd. (Wix) was rcorded at
Book 695 page 891. dated January 1.1981(copy has been furnished to Mr. Hopfenbeck). It recites the
terms and conditions of water and sewer service from the facilities of the Association to the
Commercial Parcel (Parcel B, Wix/Brown).
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). (EXHIBIT 22)
The First Amendment Amended Declaration for Ranch at Roaring Fork (recorded Book 551 page
429). Article 10.5.c &d. Water and Sewer Service, calls for the Association to provide water and sewer
service to the Commercial Parcel. (EXHIBIT 23)
This last agreement and the others dating back to 1973 were created by the original developer of the
Ranch at Roaring Fork. The original developer and the county in the Planned Development approved
created Phase II as the "density of use" component of the larger Ranch community of townhomes and
single family homes. As the development was slow to be absorbed, the Developer downzoned the
townhome and single family portions, Phase I, III, IV, V, to fewer single family and townhome sites.
The Homeowners Association therefore currently holds water rights (for the benefit of the Phase II
Parcels) for significantly more uses than are currently anticipated by this application.
Condusion
The Ranch at Roaring Fork Homeowners Association and the owners of:
the Tri -J Parcel (aka: Parcel 1. Final Plat. Phase I: & "D" Units, Roaring Fork Ranch, Garfield
County, Colorado) and the Wix /Brown Parcel (aka: Parcel B, Resubdivision of Parcel 2, Phase
II, Town Center, Roaring Fork Ranch. Garfield County, Colorado)
have entered into the the following water and sewer service agreements:
A Deed, dated July 12, 1973, recorded in Book 447 at Page 140,and Book 449 Page 594, of
Garfield County. (EXHIBIT 19)
A Water and Sewer Service Agreement (for the Commercial Parcel) between the Ranch
and Roaring Fork Homeowners Association and Stagecoach Associates, Ltd. (Wix) was
recorded at Book 695 page 891, dated January 1, 1981. JEXHIBIT 21)
The Water and Sewer Service Agreement, recorded at Book 864, page 243 (EXHIBIT 17)
t_�
EXHIBIT 16
August 20, 1996
page four
The First Amendment Amended Declaration for Ranch at Roaring Fork (recorded Book
551 page 429), (EXHIBIT 23)
The Applicant acknowledges these agreements and our rights and obligations, and the rights
and obligations of the other parties named, required by those recorded agreements.
On behalf of the Jenkins, and my associates in this application, thank you for your patience and
understanding.
Sincerely,
David Philip Brown, AIA
•RECOROFO d:•52..?.O'.CtOCR 4:M. JUN 1 1993
REC • 4 i }7slLORE° AtSDDRF.• CCU, TY CLERK
•
&GRbEM£KT
•
THIS. AGREEMENT is made and entered- -'.nto this: _lab, day: ef"
July 19 90, by and between' RFR -PARTNERS-, a' Colorado
.general prrtnership ("PFR") •
,. and the .RANCH ' A'r ROARING* FOR.]f
HOMF..ONERS' ASSICtATION, INC.., a •Colorado ,not=for-profit'Corporation
("homeowner. s" l..
pm( .86
I ,
v.
. RES_ITAL
WHEREAS, - t. nder the Second Amended Declaration of . Cavenanti ..n • '
Condit ions , Li.mitAtions, Restrictions, Reservations, : Lien.a •. i .: t.4
Charges for Ranch .at' 'Rearing. Fork ("Amended Declaration"). .dated' s•�.;.
.ivl y 12 , 1985, And recorded August 7,- 1985, in. Book 673 'at Page .5845- ";, ►
of the Garfield :County, colorado books' and records,. the`:Homeowners:'
were del pgated and :assigned certain powers' and duties; ' '• .1 . ' ,;:t; ,,;
'4r
• WUUEREAS, • in• keeping with their powers . and duties Rnumerated... ,{• .
and •delegated' by the Amended declaration;• a goal *of , the •Homeowners-: i c, q
has been to apportion, levy and assess to • the • fullest. extent -1 .;'
possible,. regular : assessments, : special : assessments for .capital,
•
14
improvements, tap fees' and •other cha es, in : * a. manner • :which. :
• � rtl r1� '.
equitably apportions am leg developers and. the. :Homeowners . • the . ,,,
.� capital. demands- associated with development and the costs of•'�., ,:,r;,
.ace
C . regular services and am_nities; _,,T;.
• WHEREAS, RFR purported • to 'unilaterally -annex into. the .Ranch ;; -.i,-..*4.."..',
R0,
• at Roaring Fork its Condominium Parcel-. No. 2 by a Supplemental'. ,
O Declaration: of Covenants, Conditions, Limitations, Restrictions; _.<,,...,.•••,
z Reservations, Liens and Charges for Ranch at Roaring Fork dated 'May ;'�,a: •'
2, 1980, and .recorded in Book 457 at Page 983 of- the Garfield . •.;it".;i:`
County, Colorado.• books and records; - . s `., •
,
WHEREAS, diff .rences between the parties • have • arisen... -.ti ' '
I.concerning the purported- annexation and status of. the 'RFR parcel-,.,-_
and the• related obligations and duties • of the parties; L' :•..
�i
WHEREAS', the parties now desire-- to '-completely Nand tinally A4 , c,_
resolve, and'mutually release each. other. from all differences -:ani- •
claims between them as of the dateof this Agr.eemeht • relating.. to ..,.".--1
the matters and .circumstances described herein.
,ik
• - NOW, THEREFORE, in consideration of the foregoing- and mutual };.,,?f•;
promises and covenants herein • contained; the parties rgree`• as` ;61
follows; •: y .. _
1. - Annexation of Condominium Parcel No. 2. The :Homeowners" F' f `i
hereby recognize . and. accept RFR! s• annexation • into the : -'�
RanchatRoaring Fork 'of its 'Condominium -Parcel No.. 2,-... _.Tlaft
by virtue of ' RFR's 'Supplemental Declaration: mentioned.. ::=ti '��
hereinabove.- RFR agrees .thrt 'Condominium ,Parcel No.•(;2'
ii '1
} 431{
r
.ti60t 864.14d,•
shall be subject to the covenants, condition*, •;
limitation,restrictions and provisions of. the.Amended
Declaration, except as expressly modified' and provided. •:t.
:herein:. In the event any party challengeu`.the .validity . .
of RFR's'.annexation, the Homeowners agreeto us* their !r,
best efforts to assist RFR in confirming the annexation.
of Condominium Parcel No. 2 . under the- Amended:
Declaration, as modified by any subsequent Declaration..'
and this Agreement.
2 c its rand -BMus of Condom.itth1Tt Parcel No. . Voting.
(a) prevent Status. Voting: The parties` agree that.,
Condominium Parcel No. 2 has been annexed .to the Ranch:`•;' ' •'�
• at Roaring • 'Forkfor subdivision, development
construction of no more that twenty-five (25) Condominium;'
Units. • Pr.ovided., however, • for purposes of the:•; `
Homeowners' levy of .annual and special assessments, :liens
g ,: 1. l
and charges, and until subdivision or�- creation .=•.oi .., F
separate estates therein, Condominium Parcel' No..• 2 shall
not be classified, either by express provision- or by
analogy, as a •Unit of any kind. • Until. the .subdivision
or creation of separate estates, Condominium Parcel No.!
2 RFR . shall be entitled to one vote .as: to. all` matters: .: 4
before the Homeowners, subject to .an provision* of .the
Amended. Declaration pertaining to voting then in=effect:
(b) Status. Voting __Upon . Development. At the time that
•
RFR, or its •successor, causes the creation of separate,
estates in'land and/or subdivides .Condominium- Parcel No.-:"
2, then the Units created shall be appropriately' class
ified by the Homeowners' Board for the purposes of the
Homeowners'.levy of .annual. and special assessments, liens
and char• es, and shall be .subject to -levy,: assessments.
and • charges on such basis and pursuant : to• the: Amanded
Declaration, as modified by any.subsequent Declaration ;.::
and this Agreement. Homeowners:agree:to classify such.
estates or parcels for Condominium Parcel 2,in a manner -`._3
which• does not discriminate against' RFR and in a manner
.whereby -the uses, rights and entitlements shall be the t'
same as other similar -estates and units -in the-Ranch'at.
Roaring Fork. From and after the Creation of such Units; ;
RFR, orit's successor, shall be entitled to such vote 14
for each Unit as may be providad•.by the provisions of:-ths
Amended 'Declaration pertaining .to voting then in effect.:
In addition, at the time' such Units are -constructed and
certificates . of occupancy issued, RFR, or -its successor,
likewise shall be entitled to such vote for .each Unitas
may be provided by -the provisions of the Amended
Declaration pertaining to voting. then in effect.
3tangnts..
(e) Assesemeft. Arrear_ag _ and Sett eznent Sum.. `:: ifithife: e
thirty days from the ..execution of this Agreement, RFR'•s.
shall pay •in full and • complete satisfaction of
{ current assc^sn+Pnta, assessment arreareges,:• plus --
purported accrued interest due and owing Homeowners and-;
other claims. which Homeowners may now .hsve against RFR
• the sum : of Ten Thousand and no/100 Dollars ($10,000.00
U.S.) .• Upon receipt of said. scum, Homeowners shall . cause:.:•'
to be recorded a release of their. assessment.:
previously.. filed.
(b) future Assessments. Commencing thefirst month •-�t 4.
following the • date of this Agreement • .and- each month
thereafter . until creation of separate estates or .' Q.
subdivision of Condominium Parcel No. 2, RFR shall pay 3.;�°`•
to the Homeowners annual assessments for 'Condominium 'K. -!'r,;
Parcel No. 2 at therate of One Hundred and Fifty and.',{•
no/LJO Dollars ($150.00 U.S.) per month.. Upon.. the
creationof separate estates • or . subdivision :of
•
Condominium •Parcel No. 2, the owner or owners .of ..each,
unit, shall pay assessments, and :.charges as then•
established and uniformly approved by the Homeowners
pursuant to the F.menCe.c: De cl32•atf on; • which • are not'
•
inconsistent with this Agreement. -
Development•of Condominium Parcel No. 2.
(a) Architectural Control, -At the time.-RFR, or ••its
successor, subdivides and develops Condominium.Patcel*No.
2, it shall submit itself .and its -development..plans: .and..::
pecifications to the Homeowners and their. Architectural.;,
dai ontrol Committee for complete review :and approval , under.':'
,•
Articles...NV of the Amended Declaration, as. :modified :,by.;_:"
/4" any subsequent: Declaration and the Homeowners'•.: rules.)and•::
regulations' then in force and. effect. In• addition RFR
shall grant,: transfer.. and convey, by'``appropriate'
• 'instrument, to the Homeowners or:•appropriate COndominium•ii
Association, such easements for • access, ingress ••"'and . :;�
egress ..'and utilities . 'as may be .reasonably .required ' by
Homeowners in connection with their approval of:RFR's•.
development plansand •specifications•• provided such:.
easements do not substantially 'interfere with the ability
of •RFR to develop their property :for up to 25`:separate
•units. Unless otherwise 8greed; each :Unit. constructed.
.by RFR shall ' have • separate• water and.. utility • .liles
accessible to the Homeowners' representative.and capable,_
of -being •individually turned on or shut off` without
affecting service to any other of •the :•
.
Notwithstanding . the foregoing, the parties' expressly
.1•
l
enot 86419102
4.
agree than.RFR shall have- the • right, but• not the:::
obligation, to develop twenty-five.: . towntid-ae•.
condominium . units on Condominium: Patceh.
Architectural control requirements itnpcsed':
*Hoieeowners shall be reasonable in.Ascope.and: application --1
and shallbe based on the standards applicable tb..the Ti.
entire Ranch: at Roaring. . Fork 'ithout ; •• . eeparatis
requirements being imposed on the Condominium-Parcel.No..
2. The architectural review process shall be'handled. in::
an expeditious manner with RFR submitting' written plans -:7
to. the homeowners for. revi'iw and the Ho eowners ;!..,!:;11r
submitting written approval, denial •or. approval _with' 13):4;
conditions within thirty days of _of=:such
A failure to provide . such denial or approval
conditions in a timely manner shall ' be deemed ; as a...:}
conclusive approval of such plans. .. The Homeowners shall.,-;„4o,<�_
not unreasonably withhold. approvals .or .impose:
unreasonable. conditions on approval..•
• '`
In the event the parties are unableto: agree upon any.
point . in the -architectural approval' process - 4r otherwise
conte •to an impasse in the architectural review process,'`
the dispute shall be submitted to a panel of 'three local';
architects, none of which shall be :an employee of either'..'`
•party or a resident of the Ranch at RoaringFork.' : EaC!"
party shalt, have the right to de:;ignate an architect and;
if the parties •do not agree on' the 'third independent
architect, the two selected architects shall select
unbiased third architect. The architectural panel -shall.;
then promptly resolve 'by majority vote the •dispute, which
shall . be binding on the parties. The . cost .of the -
..
architectural panel and their .fees shall be borne equally.
by .the parties. •
(b) Condominium Administration.: At the time RFR,. or.
successor, subdivides and develops Condominium Parcel, No
2, : the : Condominium Units therein . shall -be-. subject ter::
administration and operation :.by the fomeowiiers which
shall serve .as the Condominium,Association therefor.,.
)sr.
(c) W
1 •
w
• _1. -ft
- 1•
Tnents RFR shall have the right --to connect. up • to •.25
. units'. to -the Ranch at Roaring Fork' water and sewer:':
facilities for the units to be developed upon Condominiuie
Parcel No. 2. The . parties agree that the- only .system:•,
development, tap fee and connection :charges'(hereinafter
`.y.,
"tap fees."). -for water and • sewer service shall: be assessed
as follos:
• (i) - • For taps purchased within 24 .::months... of .the
execution of this Agreement, ..the .sun
• .$5,000. -00 -per 'tap shall be paid by,RFR;: •••-
. 4.
pi
e00x::' 864pari
k
A.,.
.
f t ;4..:•4, Y{ i irk..
,. -c......• p.
1 =,,
(11) for taps purchased during the next suceeedif
twelve month period, the -sum .of . $5,500.00 :p4r,4
tap shall be ,paid by RFRt and a ;';
-'.••1• , -1r
. , ix
•(iii) Whereafter, RFR shall pay. a.: tap fes:: equal: yto0
the - tap fee impSsed .upon ell :other areas of. h4s.,'
• Ranch ''at Roaring Fork for • similar units -:for
each•tap purchased. •
A11 fees shall be due on or before the actual' tap iu.•made
upon the• water and/or sewer. facilities/mains belonging
to the Homeowners- or upon . any main or :connector line •. s<ki
constructed by RFR which has been ..connected- .o .the•water
and sewer facilities belonging to. the .Nomeuwners, Not- ,:v2;5
withstanding, RFR sha.1 within thirty (30) days from the •. s•:
execution of this Agreement, purchase. five• water : and
sewer taps et the Late of $5,.000.00 per.: tap:: the t•ive ►
taps so purchased shall be deducted from RFR'arights:to•;.
purchase up to 25:taps hereunder. ,
No other cost, fee or assessment shallbe; imposed upon `j
RFR for the right to connect to the water. • and
facilities of the Ranch at Roaring Fork. •.rrovi:ded,,. h �
however, nothing in the pzeceding: sentence shall .'be••• -F.:
construed as exempting RFR from paying any assessment and a=�'t
charge commonly made to all other units within the - Ranch 1'44
at Roaring Fork.
is
(d) Water and Sewer' Facilities. Homeowners represent.. `.;.gip
to RFR that the currently existing andowned water..
rights, water and sewer facilities and all.•approvals and
permits therefore are in good standing .and sufficient and
adequate in scope, integrity and capacity to serve the'•
Condominium Parcel No.. 2 •for.:the '.uses and 'demands cone-
templated by this, Agreement.- -
5. Interim M.intenance or Parcel. Prior to subdivision and`;
development, RFR covenantsto maintain theRFR parcel. by‘
cutting .grass and weed control, -as •required by the_
11,
Amended Declaratior, as inodified by. subsequent. Declara—
tions, and the Homeowners' rules .and regulations in force.:
and effect. :.•. -• - •
6. 1973i Deed. Extension: -of water.and' sewage service to-
dwelling .•units developed, within Condominium .Parcel
2, pursuant to water. from this Agreement shall satisfy.;
RFR's right to'water the Ranch at Roaring- : Fork Homeowners--
Association
omeowners:•Association under Deed recorded in Book '447'.at•.Page`
of Garfield Cd Onty records- and •RFR has no other
under said Deed: • •
F: _s_'
#:
864nt;r
•
—spa
t
41
7. Governmental Regulations. It is the intent -of-.thi=
parties :that the provisions of . th.is •Agreement and .RFR's.:'
development of Condominium Parcel Ho. 2 shall Comply with•;_
all •applicable : local and state •laws and: regulation.
regarding subdivision and development and the-provisibna`
of.this Agreement.shall be construed•and Interpreted�.a$
necessary to carry out such intent. .
CooIIp�rat{ on and Suotiort for RFR' a bevelccinent:~
Homeowners agree. -that: in consideration of •the •mutual
promises ,rnd covenants contained in this.. Agre-esnent. and,:.,
for the covenants ' impl icit. in this Agreement f or. RFR :ta s
voluntarily .down zone Condominium .Parcel No.. 2 from: -40,
condominium units to not more:than 25 condominium unite;,;
Homeowners agree to affirmatively •support -RFR's•.land
and' zoning applications . and • proceedings -..to secure the':
right to develop Condominium Parcel No. 2 ' as contemplated:'
by this Agreement. Such support shall include providing;
a written letter in unconditional .support for FIFA in such• ..
land -use proces8.
�.
9 . Mutual Release. The Homeowners release RFR (ificludinq ,:���
.its partners, employees, agents; attorneys,-successors;�:�:.,s`
or assigns) and•RFR releases the Homeowners.•(including
their directors, officers,.employees, agents, attorneys .-
mertbers, succes§ors, or assigns) _from .any -and:all claitasr
demands,. debts obligations, liabilities,, penalties,;`
costs, expenses, rights of -action and causes. of • action
of any kind or character whatsoever, whether known:or•::.
upknown, suspected or'unsuspected, absolute ar-contin
gent, relating .to or arising -from all: acts which iii: any .
way relate to the partiest disputes or::claims regardiniv
the purported annexation and •statts of the'RFR parcel,`
regular assessments, special: assessments.. 'or. capital::;
improvements, tap fees and. other chargers or. the
Homeowners' effort to collect the same.
10. Attornevs' Fees. Should any party hereto employ',an::
attorney for the purpose.of enforcing ur-construing this'
Agreement, or any judgment based on this Agreement, -lor
any reaso' or in any legal: proceeding : whatsoever3
including .insolvency., bankruptcy, ...arbitration;
declaratory relief or other litigation,. including appeals::::
or rehearing,. and whether or. not an action is. actualll►
commenced,. the prevailing • party .shall he . sntitled .to :,:_-'
receive from .the other party or: * parties-.: � thereto ,�.
reimbursement for all attorneys' fees and •all 'costs .and*-:
expenses. Should •any judgment or -final order .be- issued':.>:
in that proceeding, said reimbursement shall be specified = : Y
therein. _art.
•
6
Cr
Book 447'
Page 140
Recorded at 1:18 P.M.
Reception No. 259141
' DEED
July 12, 1973
Ella Stephena,Recorder.
FOR A GOOD AEU SUFFICIENT CONSIDERATION, The Ranch at Roaring Fork, Inc., a
Colorado corporation with off▪ ices at P. 0. Box 3852, Aspen, Colorado, Grantor,
sells, assigns and conveys unto the Ranch at Roaring Foi9c Homeowners Association,
Inc., a Colorado non-profit corporation, with principal offices at Carbondale,
Colorado, Grantee, the following water rights, ditch rights, reservoir and reservoir
rights, easements and property in Garfield County, Colorado:
Conditional Storage Priority 834, Water Division 5, for storage
of 225.2 acre feet of water in the Jacobson Lakes and Ponds
located in Sections 30 and 31, T7S, R87W, 6th P.M. and in •
Sections 25, 26, 35 and 36, T7S, R88W, 611i P.M. with priority
date of May 3, 1966 for domestic, piscatorial, recreation and
other beneficial uses.
Absolute Priority 835, Water Division 5, for diversion of 65 cubic
feet of water per second of time on the North Bank of the Roaring
Fork River at a point whence the Southeast Corner of Section 36,
T7S, R88W, 6th P.M. bears 5.02.06'36" W., - distance of 2355.41
feet, through the Jacobson Extension of the Paterson Ditch with
priority date of May 3, 1966 for filling the Jacobson Lakes and
Ponds and for domestic, piscatorial, recreational and other
beneficial uses.
The Jacobson Spring located at a point in Section 36., T7S, R88W,
6th P.M. whence the Northeast corner of Section 36 bears N. 06°07'17"
E., a distance of 1358.68 feet, for which a decree has been entered
by the water court, Water Division 5, for use as an alternate point
of diversion for 0.71 cubic feet per second of water under absolute
Priority 835 above, together with the right to store 0.6138 acre feet
of water diverted from said Spring in a storage tank to be located
in Section 30, T7S., R87W., 6th P.M. whence the Southwest corner of
Section 30 bears S. 31°47'02" W. 180.02 feet.
collectively referred to herein as the "Water Rights"
together with all other interest Grantor may have in waters and water rights,
ditches and ditch rights, pipelines, reservoir ponds, water storage facilities,
and rights-of-way pertaining thereto, in, on or .appurtenant to any lands owned by
grantor in the North half of Section 36, Township 7 South, Range 88 West, 6th P.H..
Garfield County, Colorado and in Lot 10 of Section 30, and Lot 16 of Section 31,
Township 7 South, Range 87 West, 6th P.M., Garfield County, Colorado (herein referred
to as "the property").
together witk the d sever system ansewer ea sements.deacribed in Exhibit A,
attached, and permits, authorizations, and all rights related thereto,
and together wth an easemc, fo
Exhibit B.
stem described in the attached
SUBJECT FURTHER to the following reservations to Grantor:
1. Perpetual use of so much water, not in excess of one second foot
of flow and 300 acre feet per year out of any or all of the Water Rights, as may
c
Cit
Book 447 Page 141
be required from time to time by Grantor, its successors and assigns-, fo domestic, �-
commercial, stock watering and lawn irrigation use on approximately
of land
known as the Commercial Parcel (described on Exhibit C hereto) and on approximately
3 acres of land known as the Reserved Parcel (described on Exhibit D hereto).
2. Perpetual use of so much water in addition to that first above
reserved as may be•required from time to time to Lill and maintain the level of
the pond located,on tho Reserved Parcel, together with a right in the nature of a
negative easement that Grantee do nothing on or off said Reserved Parcel that would
cause the water level in said pond to be raised or lowered without the written consent
of Grantor, except as provided hereafter: Grantor hereby grants to Grantee an easement
for the use of such pond insofar as needed as a storage facility as part of Grantee's
water system, together with a right in the nature of a negative easement that Grantor
do nothing on or off said Reserved Parcel that would cause the water level in said
pond to be raised or lowered without the written consent of Grantee.
3. The power to revest in Grantor any part of the rights and interests
herein granted if said rights and interests should cease to be used for any period
of three or more consecutive years on the property or should at any time be
transferred for use on other lands (except in an exchange for comparable water
that will be used on the property without Grantor's written consent.)
4. An easement in and through the ditches and ponds and easements for
water and sewer systems herein conveyed as may be required for Grantor to deliver
reserved water to and discharge sewage effluent from the Commercial Parcel and
Reserved Parcel as described in Exhibits C and D.
The foregoing rights and interests are assigned and conveyed to, and shall be held
by, Grantee for the benefit of Grantor, its successors and assigns, including owners
- of condominium units in aioy condominium ownership•project which may be created on
any of the property and with the specific intent that Grantee shall provide water
and sewer service to each condominium unit now or hereafter existing on the property;
to the Commercial Parcel described on Exhibit C attached hereto; to the Reserved
Parcel described on Exhibit D attached hereto; to the Common Recreation Reserve
described on Exhibit E attached hereto; and to any other portions of the property
which are, for whatever reason, not committed to a condominium ownership project on
the property. The obligation of Grantee to provide water and sewer service as afore -1
i
said may be further defined by the terms of one or more declarations for the condo-
minium ownership project which may be executed and recorded by Grantor in the records
-2-
Ex ri
• Book 447 .Page 142
of the clerk and recorcler of Garfield County, Colorado within 7 years after the
date hereof.
And for the same consideration Grantor warrants unto Grantee, its successors
and assigns, that Grantor owns the Water Rights and has lawful authority to convey
the same; that the Water Rights aro valid and subsisting to the extent herein stated
and are entitled to deliveries of water whenever physically available in priority
under Colorado law for the beneficial uses claimed; that said Water Rights are free
of liens and encumbrances; and that Grantor will protect and defend the quiet
possession and enjoyment of said Water Rights by Grantee; its successors and
assigns under Colorado law against the claim or claims of all persons whatsoever.
v d
Dated
3J /973 .
STATE OF COLORADO )
) aa.
COUNTY OF GARFIELD )
4l/
THE RANCH AT ROARING FORK, INC., ••. ,,,,
a Colorado corporation :1%014.4...,..,.„
.,yd, • M Z
..»
`�
The foregoing instrument was acknowledged before me this 3rd day of
July , 1973, by R. E. O'Heffernan as Vice- President and
Ronald W. Johnson as Secretary of THE RANCH AT ROARING FORK, INC., [1
a Colorado corporation.
WITNESS my hand and official seal.
Hy commission exsires July 28, 1973
•
-3-
Notary Public
tg
EXHIBIT A
SEWER SYSTEM
•
Book 447
Page 143
A Sewer Treatment and Collection System located in the N 1/2 of
Section 36, Township 7 South, Range 83 West, of the 6th Princi<pa1
Meridian, Garfield County, Colorado and desdrribed as follows: An
ga. seiver-dollectlon line lying within the right-of-way of Stagecoach
Lane of Phdse 'I - Roaring Fork Ranch planned unit development be-
ginning at a point whence the NE corner of said Section 36 bears
N 63°56'40" E 1670.05 feet; thence along and within said Stage-
coach Lane right-of-way (described below) in a southeasterly direc-
tion 800 feet more or less.
Together with an 8 inch sewer collection line lying within an ease-
ment 20 feet in width,10 feet on each side of the following des-
cribed center line; beginning at a point on the southerly right-
of-way line of said Stagecoach Lane whence the NE corner of said
Section 36 bears N 63°56'40" E 1670.05 feet; thence N 83°13'37"
W 17.72 feet; thence S 13°42'08" W 172.83 feet; thence N 83°
37'32" W 182.25 feet; thence N 55°53'00" W 157.50 feet; thence
N 56°29'09" W 301.46 feet; thence N 46°39'39" W 356.09 feet;
thence N 60°07'59" W 118.84 feet; thence S 39°53'45" W 62.18
feet; thence S 63°43'49" W 402.62 feet; thence S 74°41'29" W
395.84 feet; thence S 88°18'39" W 211.36 feet; thence N 81°12'
51" W 279.85 feet; thence N 81°27'31" W 225.52 feet to a point
on the easterly line of the following described property on which
a sewer treatment plant is located. Said property is described as
follows: Beginning at a point whence the NE corner of said Section
36 bears N 82°58'01" E 3996.43 feet; thence S 06°43'21" W 108.75
feet; thence N 81°32'22" W 175.22 feet; thence N 06°44'03" E
103.38 feet; thence S 83°17'49" E 175.28 feet to the point of
beginning containing .43 acres more or -less, together with the
sewage treatment plant thereon with a design capacity of 60,000
g.p.d. when operated by extended aeration process (125,000g.p.d.
by contact stabilization process).
Together with an outfall line 8 inches in diameter lying within
an easement 20 feet in width, 10 feet on each side of a center
line described as follows: Beginning at a point on the northerly
line of the above described treatment plant property whence the
NE corner of said Section 36 bears N 83°25'11" E 4130.06 feet;
thence N 06°46'11" W 374.95 feet to the outlet.
Stagecoach Lade Description
A road right -of -Ay situated in Section 36, Township 7 South, Range
88 West of the 6th Principal Meridian; being 50 feet in width and
lying 25 feet on each side of the following described center line:
Beginning at a point on the southerly right-of-way line of Colorado
State Highway No. 82 whence the northeast corner of said Section
36 bears U 89°23'09" E 841.52 feet; thence 5 27°20'41" W 92.25
feet; thence 77.26 feet along the arc of a 60.31 foot radius curve
to the left, said curve having a delta angle of 73°24'00"; thence
S 46°03'19" E 347.10 feet; thence 241.06 feet along the arc of
a 368.46 foot radius curve to the left, said curve having a delta
angle of 37°29'08"; thence S 33°32'27" E 340.31 feet; thence
178.22 feet along the arc of a 234.82 foot radius curve to the
right, said curve having a delta angle of'43°29'08"; thence S 40°
03'19" E 3.47 feet; thence 190.80 feet along the arc of a 658.57
foot radius curve to the left, said curve having a delta angle of
16°36'00"; thence S 56°39'19" E 50.00 feet to"a point on the
boundary of Roaring Fork Ranch - Phase I. The side lines of said
road right-of-way are lengthened or shortened on the northwesterly
end to terminate with said southerly right-of-way line of Colorado
State Highway No. 82 and on the southeasterly end to terminate with
said boundary of Roaring Fork Ranch - Phase I
1 .L
t
1•
{
Book 447
Page 144
EXHIBIT "B"
WATER SYSTEM
•
A domestic water treatment, pumping, transmission, distribution and storage
system located in the North 1/2 of Section 36, Township 7 South, Ranga 88 West of
the 6th Principal Meridian, Garfield County, Colorado, and Lot 10 of Section 30,
and Lot 16 of' Section 31, Township 7 South, Range 87 West of the 6th Principal
Meridian described as follows:
An Infiltration and Treatment Plant and Pumping Station contained within the
following described property, beginning at a point whence the NE corner of said
Section 36 bears N. 02'24'00" E. 1319.72 feet; thence S. 21'14'03" W. 103.64 feet; t'
N. 68°50'38" W. 112.19 feet; thence N. 25°04'04" E. 92.26 feet; thence S. 75°04'53" E
106.67 feet to the point of beginning, containing 0.24 acres, more or less. -
Together with a transmission pipeline 4 inches inside diameter and contained
within an easement 20 feet in width, 10 feet oa each side, of a centerlineacribed
as follows: Beginning at a point on the northerly line of the above described proper
whence the NE corner of said Section 36 bears N. 03°08'30" E. 1316.05 feet; thence
N. 16°00'36" E. 24.05 feet; thence N. 68°15'12" W. 210.26 feet; thence N. 76°56'22"
W. 338.14 feet; thence N. 25°40'08" E. 51.42 feet to a point at which said pipeline
becomes 8" inside diameter and continues thence N. 26°59'21" E. 240.19 feat; thence
N. 30°38'52" E. 433.57 feet; thence N. 26'26'48" E. 80.18 feet; thence N. 28'26'53"
E. 98.99 feet; thence N. 33°23'08" E. 110.08 feet; thence N. 34'48'18" E. 180.30 fee
thence N. 41°37'38" E. 87.17 feet; thence N. 27°00'18" E. 163.44 feet; thence K.
37°51'42" W. 17.22 feet to a point on the easterly line of the following described
property - on which a water storage tank having a storage capacity of 200,000 gallons
is located. Said storage tank property is described as follows: Beginning at a
point whence the SW corner of said Section 3Q bears S. 20°15'43" W. 145.60 feet; the
S. 72°25'00" E. 82.55 feet; thence S. 77°33'181 E. 79.88 feet; thence N. 01°45'00" W.
50.00 feet; thence N. 69°00'00" W. 75.00 feet; thence N. 80°03'03" W. 69.54 feet;
thence S. 19°37'10" W. 49.60 feet to the point of beginning, containing .18 of an ac.
more or less.
Together with a distribution water line 8 inches in diameter and contained withi:
an easement 20 feet in width, 10 feet on each side of a line described as follows:
Beginning at a point from whence- theNE corner of said Section 36 bears N. 27°30'51"
E. 1229.33 feet; thence N. 60°01'55" W. 151.69 feet to the boundary of Phase I of th
Roaring Fork Ranch Planned Unit Development. From this point the water line lies
within said Stagecoach Lane Road right-of-way and continues in a northwesterly
direction for 1114 feet.
C�-
•
• EXHIBIT c
COMMERCIAL PARCEL
Book 447
Page 145
A tract of'land situated in Section 36, Township 7 South, Range
CZ Vett of the 6th Principal Meridian being more particularly
descr:b`d .as follows: Beginning dt a point whence the northeast
corner of said Section 36 bears N 76°1b133" E 1683.81 feet;
thence S 56'40'00" le: 249.78 feet; thence N 44°25'00" W 100.00
feet; t:ience S 55°45'00" W 150.00 feet; thence N 47°50'07" W
119.52 feet; thence N 38°51'53" W 218.33 feat; thence N 67°
11'43" W 45.46 feet; thence North 202.43 feet to a point on
the southeray right-of-way of State Highway No. 82; thence
along said southerly right-of-way S 30°10'00" E 671.23 feet;
thence leaving said sou r.erly right-of-way on a course bearing
5.27°20'41" W 84.36 feat; thence along the arc of a curve to
the left 109.29 feet, the chord of which bears S 09°21'19" E
101.97 feet; thence S 46°03'19" E 43.00 feet to the point of
beginning, containing 4.73 acres more or less.
•
EXHIBIT D
HOMESTEAD RES WIVE PARCEL
Book 447
Page 145
A tract of land in Section 36, Township 7 South, Range. 88 t'.est of the 6th
Principal Meridian described as follows: Beginning at a point whence the Ni corner
of said Section 36 bears N. 71°52'44" E. 1802.01 feet; thence S. 46'03'19" E. 141.24
feet; thence 100.27 feet along the arc of a curve to tha left, having a central angle
of 14°36'06" and a radius of 393.46 feet; thence S. 08°00'00" W. 170.00 feet; thence
S. 02°12'26" W. 202.11 feet; thence S. 03°52'43" E. 59.14 feet; thence S. 41°11'09"
E. 106.30 feet; thence S. 60°56'43" E. 102.96 feet; thence S. 82°05'34" E. 72.69 feet;
thence N. 67'44'26" E. 232.31 feet; thence S. :;7434'07" E. 32.80 feat; thence S.
52°00'50" W. 225.84 feet; thence S. 46'37'05" E. 125.21 feet; thence S. 43°48'23" W.
67.90 feet; thence S. 52°35'41" W. 85.60 feet; thence N. 46°15'43" W. 281.10 feet;
thence 79.78 feat along the arc of a curve to the right having a central angle of
10°19'11" and a radius of 442.96 faet;_thence N. 35'56'32" W. 334.66 feet; thence
130.71 feet along the arc of a curve to the right having a central angle of 50°47'16"
and a radius of 147.46 feet; thence N. 14°50'44" E. 71.73 feet; thence 59.90 feet
along the arc of a curve to the left having a central angle of 07°55'14" and a radius
of 433.34 feet; thence N. 06°55'30" E. 214.80 feet to the point of beginning, containing
4.01 acres,nore or less, and subject to one-half of a 30 -foot roadway easement for
ingress and egress, and utility purposes. The said easement being 15 feet is width,
on the left side, and adjacent to the following described line: Beginning at a point
whence the KE corner of said Section 36 bears S. 71°52'44" E. 1802.01 feet; thence S.
06°55'30" W. 214.80 feet; thence 59.90 feet along the arc of a curve to the right,
having a central angle of 07°55'14" and a radius of 433.34 feet; thence S. 14°50'44"
W. 71.73 feet; thence 130.71 feet along the arc of a curve to the left, having an
interior angle of 50°47'16" and a radius of 147.46 feet; thence S. 35°56'32" E. 334.66
feet; thence 79.78 feet along the arc of a curve to the left, having an interior
angle of 10°19'11" and a radius of 442.96 feet; thence S. 46°15'43" E. 281.10 feet
to the most southerly corner of said tract.
•
i
1
1
ti
1
Recorded at..l..r/. '^' �..._.......o'clock....�
t"Imo..
Reception No �
�u ;.1. t_412
�t
PAGE ri93
__.Recorder.
THIS DEED, Made this 8th day of July
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
,1977,
and state of
and state of
AUG 1 X9 7
STATE DDCULUTARY FE
G -n
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
;_.4Durchase 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 its hand
and seal the day and year first above written.
Signed, Sealed and Delivered in the Presence of
STATE OF COLORADO,
ss.
County of Garfield)
.w w4.1...••.. -1.•L -�-- --,- -- , 1 - 11
77
RANT R0ARIidG FORK , iVC,
BY
.c% '[SEA71.f;
bson . :
SEAL] I i
-..•r-,...:.[SEAL] j
crd'Eary
I "K11
tJ
u1-12-96 09:26A James M. Jenkins
113
970-926-4346 P.01
Zci-tt&rr 20
James M. Jenkins
200 Gay Ave - 2S
Clayton, MO 63105 1
July 24, 1993
John French'
9t Coates, Reid & Waldron
720 East Nyman
Aspen, CO 81611
Reference: Water/Sewer Tap Fee •- Ranch at. Roaring Fork
Dear John,
Please find enclosed a check in the amount of $5,500 to purchase
one (1) addi t.ionat. Water/Sewer Tap for the properly Jane purchased
rrom Nick. As you know, the property came with five (5) t'rvi-Paid
Water/Sewer Taps. This will bring the total to six (6).
We don't know what we era going to do with the property. 1 f we
rind that we need more taps in the future, we will .just have to
purchase them and the going rata. It is my under:;L:anding that Wt?
c:an purchase up Lo as total of twenty-five (25) .
.Tana and 1 arc, looking forward 1.o being a part. of the Ranch at
Roaring Fork.
Yours, _
James M. Jenkins .J
Enclosed: Ck4 11 94 , 07/24/93, Tri -Jay Real Estate, $5,500
For the benefit. of: Marie F. John Revocable Trust
TRI -JAY REAL ESTATE '6Y AIp� 4r' 7
TRUST ACCOUNT V// 1194
P. O. BOX J19
CO 61612 82164/1021
ASPEN,
fPay to the ,e4t4
I order of
/
0111111 Central Bank
11 L Mpc/n. N�A.
For. a, az:4. .a,
4,10 210 164 Si: 008
$.5. Z'o, c-2
/A/VO __ Dollars
Recorded at o'clock
Reception No
Recorder.
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 ensealing 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 chattels, 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 chattels, 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 applicablg to all genders.
IN WITNESS WHEREOF, the Seller has executed this Bill of Sale this //12' day of Jtau , 19 93
R.F.R.-Partners,
a Colorado General Partnership
STATE OF COLORADO,
County, of "-?1-11<i"1
1
ss.
The foregoing instrument acknowledged before me this / g day of "�`L1 , 19 .1,3_ ,
by .¢..(f h C',i =C.iAt , J. as General Partner of R.F.R. Partners
�a Colorado General Partnership
My Commission expires
'If in Denver, insert "City and."
'fr/9
No. 35A. Rex 9-83. BILL OF SALE
a
n-0
Recorded at q o'clock._.1=M SEP 2 9 1986
Reception Elo 374873 MILDRED ALSDORF, RECORDER
GARFIELD COUNTY, COLORADO
ASSIGNMENT OF WAit AND
SEWER SERVICE AGREEMENT
e m r zt
BOOK 695 ?.GE890
Pursuant to Agreement dated May 24, 1983, as amended by Addendum
dated June 10, 1983 by and between the parties hereto, Phil Henke and
Ben M. Donnan, d/b/a DOWN VALLEY PARTNERS'; 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 I 1 - Day of ,
By:
1986.
STATE OF COLORADO
County of
The foregoing instrument was acknowledged before me this 1.1
day of Y , 1986 by Phillip P. Henke.
,.,Witness my hand and official seal.
\\--;ANY
Z: My C @S,ton expires:
Notary P b
Address:4-1
• I
i
WATER AND SEWER SERVICE AGREEMENTrClB
(Comme1 arcel - Ranch at Roaring Fork)
BOOK 695 PACE891
This Agreement is in effect as of the first day of January,
1981, between RANCH AT ROARING FORK HOMEOWNERS' ASSOCIATION, INC.,
a Colorado Not -for -Profit Corporation ("Association"), whose address
is 14913 State Highway 82, Carbondale, Colorado 81623, and STAGECOACH
ASSOCIATES, a Colorado Limited Partnership, ("Commercial Parcel Owner"),
whose address is Box X, Basalt, Colorado 81621.
I. GENERAL.
1.1 Purpose of Agreement. The purpose of this
Agreement is to clariy ii
fa part the terms and conditions under
which the Association shall provide water and sewer service for
the Commercial Parcel, as hereinafter defined, at the Ranch at
Roaring Fork, and to set forth the basis for payments to the
Association for such water and sewer service. A further purpose
of this Agreement is to resolve certain controversies which
have arisen in the past between the parties hereto or their
predecessors in interest and to provide for certain payments by
the Commercial Parcel Owner to the Association for water and
sewer service heretofore furnished by the Association for the
Commercial Parcel.
1.2 Relevant Prior Documents. This Agreement is
entered into subject and pursuant to, and to implement the
provisions of, the Water Deed and the Amended Declaration, as
each is hereinafter defined. The Water Deed conveyed certain
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 by 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 Aneacea Declaration of Covenants, Conditions,
Limitations, Restrictions, Reservations, Liens and Charges
! 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 recoras in the office of the Clerk
and Recorder of Garfield County, Colorado.
2.4 Ranch. "Ranch" or "Ra...:h at Roaring. Fork"
shall mean the reaipropertx located in Garfield County,
Colorado, containing approximately 464 acres, which is more
particularly described in Exhibit A attached to the Amended
Declaration. BOOK: 695 PAGE892
• 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
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" 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 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 Shares' shall mean a fraction the numerator of
-2-
which is the amount of water oeiiveieu uy ..-
.the Commercialf+icel 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. BOOK 695 NGE893
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 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
-3-
111) BOOK 695 PacE894
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 WArIIt USAGE.
5.1 Commercial Parcel Water Meter. Consistent
with the Amended Declaration, the Commercial Parcel Owner
shall install and maintain, at the expense of the Commercial
Parcel Owner, a meter to measure the amount of water furnished
to the Commercial Parcel by the Association. The meter shall
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 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 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-
the "Commer. .tel Parcel's Proportion'hare" of Captal Costs
relating to sewer facilites shall be the Commercial.Parcel's
Sewer Share as hereinabove defined. BOOK 695 PAG€895
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 mite 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
be, for the calndar
yearinrwhich rthe aCapital tCosts he swere e yincurred and areepayable.
7.4 Adjustments for Capital Costs Orson 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-
,,,' 800K 695 PacE896
is agreed that, _ the eventof any further development of the Commercial
Parcel resulting __:. expanded water or sewer use, a payment shall be made
by Commercial Parcel Owner to the Association of an inclusive tap fee
( water -sewer ) of 52500.00 being the equivalent of a 3/4 inch residential
tap. The fee for the other uses shall be adjusted from said base fee
according to the rcchedule attached hers -to as Exhibit "A".
7.5 Payments for 1979 and 1980. Commercial Parcel
Owner shall pa -,y Association, promptly after execution hereof,
the following .=mounts for water and sewer service and Capital
Costs for Prict Years: (a) $318.00 ($26.50 x 12) for 1979
water and sewer- service, less any amounts previously paid by
Commercial Par=cel Owner for such year; (b) $636.00 ($53.00 x 12)
for 1980 water and sewer service, less any amounts previously
paid by Commerttial Parcel Owner for such year; (c) $527.62
for 1979 Commc=n Capital Costs; 'And (d) $2,127.92 for 1980 and
Common Capital Costs. The amounts set forth in (b),
(d) shall be acdjusted after December 31, 1981, based on, as
the case may bee, the Commercial Parcel's Water -Share estab-
lished for calendar year 1981 and the Commercial Parcel's
Sewer Share es-ablished for that portion of the Non -Irrigation
Season from Jarnuary 1, 1981, through March 31, 1981.
7.6 Additional Water or Sewer Users. The Asso-
ciation shall a1dd no additional water or sewer users nor shall
it agree to ex?.end any major capital outlay without first
giving ,6(3 days notice of the details of same to Commercial
Parcel Owner anLd allowing it an opportunity to be heard in .the
deliberations preceding such action.
XIII. MISCELLANEOUS.
8.1 Installation of Degreaser. On or before
execution of .:lis Agreement, Commercial Parcel Owner shall
install and sh.all thereafter maintain a grease -trap or de-
greaser for the 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 and shall be installed and maintained so as to
eliminate or m t nimize the amount of grease and other similar
materials entering the sewage lines from the Commercial
Parcel.
8.2 Rules and Relations. 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 Cornercial 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-
ex u
Olk BOOK 695 PacE897
Association, pursuant to requests from state or local health
authorities, to provide sewage treatment 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.appropartiesyfamerndr agnd or ree the terms of this Agreement and, the P
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
ot
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 Representative. Com-
mercial Parcel Owner shall 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
-7-
�X 2l
BOOK 695 PA6E898
Directors of 11 Association, and anyber, 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, be deemed 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"
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 d»'ner 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-
Ex 21
(Pk
0.
BOOK 695 PaGE899
8.17 Aoplicable 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"
A•43.4 --
C/ John Wix '
•
EXHIBIT A. BOOK 695 PAGE900
Ranch at Roaring Fork water -sewer tap fee schedule:
Base Tap Fee is $2500.00 for 1 Single Family Residence. -
1 Single Family Residence = 1 EQR
Apartments EQR
1 Bedroom 0.6
2 Bedroom 0.8
3 Bedroom 1.0
Transient ( Motels & Lodges )
1 unit with cooking facilities
1 unit without cooking facilities
Office & Commercial
For each toilet
Restaurants
Up to 25 seats
Each additional 25 seats
0.5
0.4
0.5
1.0
0.6
Recorded'�'2O o'clock ___M: JUI- 18.713
Reception' ib. 343912 MILDRED ALSDORF,,.{ORDER
ASS1("Nru: rrD1' WATER/ BOOK 630 rdc SU';
SEWER SERVICE AGREFMFNf
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 WAI AND SEWER SERVICE AGRRMENT, 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 Homeowners' Association, Inc., to Phil Henke and
Ben M. Dorman, d/b/a DOWN VALLEY PARTNERS, subject to the provisions
and conditions contained within that AGREEMENT and ADDENDUM TO
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 "Commercial Parcel" or "Stagecoach Inn
Parcel".
Dated this 15th day of July, 1983.
STAGECOACH ASSOCIATES, LTD.,
a Colorado limited partnership,
by STAGEmA H LIMITED, a Colorado
corporation, General Partner
by
Wix, President
" jOWAsEl'' .
•
AIVOE COLORADO)
`
5 • _�-sA i i ss.
• 0(' PIT'KIN
.•i@ foregoing instrument was acknowledged before me this 15th
C Odi� of July, 1983, by John Wix, President, STAGECOACH LIMITED, as
the General Partner of Stagecoach Associates, Ltd., a Colorado
limited partnership
Witness my hand and seal
My commission expires. 1-27-85
Notary Public /
P.O. B Z
Basalt, CO. 81621
ase
xiinorT 21A
4/ `' Qr BOOK 630-ntES07
WATER AND._SE1'.FR SERVICE AGREEMENT
(Cosnercinl Parcel - Ranch -at )(oarin'. fork)
This Agreement is in effect as of the first day of January,
1981, between RANCH AT ROARING FORK HOH1:OdNCrtS' ASSOCIATION, INC.,
a Colorado Not -for -Profit Corporation ("Association"), whose address
is 14913 Slate Highway 82, Carbondale, Color:Ido 81623, and STAGECOACH
ASSOCIATES, a Colorado Limited i'.ittner::hip, ("Co:r.'ni•rcial Parcel Owner"),
whose address is nox X, Basalt, Conrado 81621.
I. GENERAL.
1.1 Purpose of_Agreement. The purpose of this
Agreement is to-Flail-17—in part the terms and conditions under
which the Association shall provide water and sewer service for
the Commercial Parcel, at hereinafter defined, at the Ranch at
Roaring Fork, and to set forth the basis for payments to the
Association for such water and sewer service. A further purpose
of this Agreement is to resolve certain controversies which
have arisen in the past between the parties hereto or their
predecessors in interest and to provide for certain payments by
the Commercial Parcel Owner to the Association for water and
sewer service heretofore furnished by the Association for the
Commercial Parcel.
1.2 Relevant Prior Documents. This Agreement is
entered into subject and pursuant to, and to implement the
provisions of, the Water Deed and the Amended Declaration, as
each is hereinafter defined. The Water Deed conveyed certain
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 by 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 Aerecment Superccded. This agreement
supercedcs 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.1(ee 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 I:He 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 /- cnoea De laration of Covenants, Conditions,
Limitations, Restrictions, Reservations, Liens and Charges
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 recoras in the office of the Clerk
and Recorder of Garfield County, Colorado.
5x et A-
UUUA Vt."! IFUCLI,
CVt."!'�
Y. V Ranch. "Ranch" or '-..., .ch at Roaring Fork"
shall mean the real—property located in Garfield County,
Colorado, containing approximately 464 acres, which is more
particularly described in Exhibit A attached to the Amended
Declaration.
' 2.5 Project. "Project" or "Ranch at Roaring Fork
Project" shall mean chose 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
• 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" sha11 mean the real propert'.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.
111. WATER SERVICE.
3.1 Association to Supp y Water. Subject to the
provisions of this Agreement, the Association shall provide
potable water for the Conanercial 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 .Cormnercial Parcel-_und.es_the
Water. Deed ana 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-
2(
.nll.11
the Comnerci •r.cel during a caluitc! - ".gar and the dcnomi.-
nator of whin the amount of wJltcr._1( .vercd by the Asso-
ciation to all users on the A:socirlion's wdtcr system during
that calendar year.
3.4 Water Oocrating 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 Con¢nercial 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 1 he Ccrnnnercinl 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 mead 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
-3-
r BOOK 630 Pf.6E810
.
users on the Association sewage system, including ordinary
j repairs and maintenance, labor,- chemicals, pumping and treat-
' went 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 Parcel Water Meter. Consistent
with the Amended Dec1aratlon, the Conmerc1 T Parcel Owner
shall install and maintain, at the expense of the Commercial
Parcel Owner, a meter to measure the amount of water furnished
to the Commercial Parcel by the Association. The meter shall
be kept and maintained at the point of connection between the
water lines of the Associatidn and the water lines for the
Commercial Parcel. The Amended Declaration rewires 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 aiia maintain at all -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 t:ze to time, :o 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 Parcel Owner snail 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
Bm% 630 r"CE811
the "Commeil ,1 Parcel's Froportiorrae� Share" of Captal Costs
relating to sewer facilites shall be -the Commercial Parcel's
Sewer Share as hereinabove defined.
6.4 Other Capital Cuts. 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 spam. make payments monthly in aavance 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 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 ena of calenaar 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.Uoon 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
21A-
BOOK 630 r4E812
is agreed that, '_: the evi•nt of any futthwr dcvclOpmrnt of the Commercial
Parcel resulting ..=a expanded water or newer use, a payment shall be made
by Commercial Parcel owner to the I,•:!:oc-int inn of an inclusive tap fee
( water -sewer ) c: $2500.00 being the equivalent of a 3/4 inch residential
tap. The fee for the other uses shall be adjusted from said base fee
according to the r:-:hedule attached her, to an Exhibit "A".
7.5 Payments for 1979 and 1980. Commercial Parcel
Owner shall pa•.:' Association, promptly atter execution hereof,
the following L-iounts for water and sewer service and Capital
Costs for Pric_ Years: (a) 5318.00 ($26.50 x 12) for 1979
water and see service, less any amounts previously paid by
Commercial Pa= -e1 Owner for such year;. (b) 5636.00 (553.00 x 12)
for 1980 water and sewer service, less any amounts previously
paid by Commer =ial Parcel Owner for such year; (c) 5527.62
for 1979 Commc:n Capital Costs; and (d) 52,127.92 for 1980
Common Capital Costs. The amounts set forth in (b), (c), and
(d) shall be ar justed after December 31, 1981, based on, as
the case may b E'. the Commercial Parcel's Water -Share estab-
lished for cal. ndar year 1981 and the Commercial Parcel's
Sewer Share es- ablished for that portion of the Non -Irrigation
Season from Jarnuary 1. 1981, through March 31, 1981.
7.6 Additional Water or Sewer Users. The Asso-
ciation shall ngad no atTditional water or sewer users nor shall
it agree to ex .tr%d any major capital outlay without first
giving co•days notice of the details of same to Commercial
Parcel Owner anid allowing it an opportunity to be heard in the
deliberations preceding such action.
XIII. MISCELL=.NEOUS.
8.1 Installation of Degreaser. On or before
execution of t_ -lis Agreement, Commercial Parcel Owner shall
install and shill thereafter maintain a grease -trap or de-
greaser for trr' 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 and shall be installed and maintained so as to
eliminate or r.._ nimize 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 nay 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-
6OOK 630 Pd6E8i3
Association, pursuant to requests from state or local health
authorities, to provide sewage tree Unent 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 he specified in the arbitration decision or, to the
extent not so specified, shall be paid equally by the parties.
8.5 Single Commercial Parcel R presentative. Com-
mercial Parcel Owner 511511 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 partwith
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
�X 2c
Directors e_ 1),e Association, and a amber, agent or employee
damage or
cl Uitn; foss, cost, bf the Association against any of the
expense, including attorney's fees,•incurred by any
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 U�imht�esbetaeemed tous. Association
servingshall
nor
not, by reason lf ou this e or ready to serve members of
holding itself out as serving
the public.
"Commercial 8.8 Successorsand �'ssus�'The hereinterms shall"includetinn"
andectieirs, personal representatives, successors,
the respective heirs,saries hereto.
and assigns of the P
8.9 Notices. All notices, consents or other
instruments or communicatinsprovided for
orpaunderty thisingtAgree-
ment shall be in writing, signedby
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 Aoreement. This Agreement, together
with the water Deea an3riFe Amended Declarion, constitutes
the entire understanding between the parties
to
the
dinlcmatter
deemed m d all
ed herein,rior agreements or under-
stan 9sshall
No representations, warranties or certif cations,
expressed or implied, shall exist as between the p
except as stated herein.
8.11 Modifications in Writing. No amendments, ,
waivers or modi�icatlons hezeof shall be made or deemed 'tobe
have been made unless in Writing executed by the party
bound thereby.
8.12 Nonseverab_il�t If any provision of this
Agreement shall -be '.nvalid, illegal or unenforceable,
entorce-
shall not affect or impair the validity, legality or
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 PartBeneficiaries. None of the
terns or provisions contains in s 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. ri
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 s 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. (1
8.16 Attorne 's Fees. In the event either party L
institutes legal or ar ltration proceedings with respect to
this Agreement, the prevailing party shall be entitled to �
court costs and reasonable attorney's fees. 1
1
-8-
2c�
t
r BOOK 630 PLGE813
8.17 Annlicahlc Law. This Agreement sha.11 bo interpreted and
enforced according to the laws of the State of Colorado.
8.18 Captions for Convenience. All captions and headings used
herein arc 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 HOME-
OWNERS ASSOCIATION, INC.,
a Colorado not-for-profit
corporation
"COMMERCIAL PARCEL OWNER"
By: / / ��/ � /�.'i /51T+..rl-
President
Not uriginai-i..opy When na orde...
John Wix '
e , BOOK 630 YMGE816
EXHIBIIT n,
Ranch at Roaring Fork water -sewer tap fee schedule:
Base Tap Fee is $2500.00 for 1 Single Family Residence
1 :tingle Family Residence = 1 EQR
Apartments
•
1 Bedroom
2 Bedroom
3 Bedroom
Transient ( Motels L Lodges )
EQR
0.6
0.8
1.0
1 unit with cooking f.:cilitics 0.5
1 unit without cooking facilities 0.4
Office L Commercial
For each toilet
Restaurants
Up to 25 seats
0.5
1.0
Each additional 25 seats 0.6
•
•
2 c A-
•
•
4 >e4(pt•cr 23 •
tou45l PAGE 79
G. Construction
Association s
Association may construct new Improvements or
the Association ?ropertie3 or demolish existing Improve-
ments; provided that in the case of any Improvements,. ,.
addition or demolition (other than maintenance or•repairs
to existing 'Improvements) involving a total expenditure ''•
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 Members voting in person or by prosy at•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.aasessmont on all Members
for the cost of such work.
11. Delegation of Duties. The Board may delegate
its duties to Committees established pursuant to the By -Laws,
9.3 Attorney -In -Fact
attorney-in-factAforctheiO�wnershoofeallrbyiCon ominium rrevocablUnitstand
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 Common 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 Common Elements such as the
private streets and walkways to a public or quasi -public
•
entity upon approval of the Mercers by vote as herein pro-
vided, to deal with the Project upon its destruction,
condemnation, obsolescence or termination es herein provided,
to execute any amendment or revocation of tho Declaration,
the flap or any similar such instrument on behalf of the
Owners to effect an amendment or revocation thereof as
heroin 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 nccepcnnce by any person or entity of any
iin any nterest
Association nasmannatt attorney-in-factuas proviit shall constitte an dednt-
above.
ARTICLE X
Water and Sewer Service
:10.1' Common Elements
• ithout
with respectwto CommonmF.lementso generality
off this ArticleaX o►
shall apply cpocifically to water rights and to facilities
Which compriso any parts of systems for providing water or
sewer service. The other provisions of the Declaration shall
also apply to such water rightc andsfacil ities except, }jjj ;c
the terms of this Article are clearly inconsistent therewith,
'in which event tho terms of this Article shall control.
-27-
601;1 nu 8(1
ti
10.2 .Acquisition and Manaoement of Water Richt .
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, determines
will benefit such ::embers: including without limitation
tho creation of new water rights, 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
accept the gift or conveyance of water rights: provided
that the Association shall not purchase, release or convey -
any water right eecept upon the affirmative vote of the
majority of the voting power of tho Members.
10.3 Acquisition end Managenent 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 sower service to those entitled thereto under the terns
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, nay take such
actions as tho board, by majority vote, determines will
benefit such Valahera. Without limiting the foregoing, the
Association, upon majority vote.by the Board, nay utilize
a Manager to operate and maintain such facilities and to
provide water and sewer service.
10.4 Initial Plater Rights and Water and Sewer
• Service Facilities
Tho water rights and water and sewer service
facilities described in the Water Deed recorded in Cook 447
at page 140 in tho records of the County Clerk and Recorder
for Garfield County, Colorado, have been convoyed to the
Association for tho benefit of the Owners pursuant to this
.Declaration.
10.5 hater and Sewer Service
Subject to compliance with tho terms of the
Declaration, the payment of assessments imposed pursuant to
this Declaration, the payment of service fees where required
by service contract authoriz'ion, and
eomo ane or reesonan a rules and regulations established
by the Association through a najority vote of its Board,
consistent with this Declaration, the Association shall
provide water end cower service:
(o) To each Condominium Unit now or hereafter
within the Project. •
-28-
s.
�jc 2 3
}
• Dolx45 t PACE , 8
(b) To thn Common Recreation Reserve,
including without limitation the
-provi.ion of water for irtigation
thereof.
(c) To authorized uses within the arca
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
\v' facilities to servo such uses, in the •
manner provided for Cemmgrcial and
Reserved Parcels in aubparagrap� 10.5(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 Peeerved Parcel relative
•to the total quantity of water delivered
through cofenon 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 costs.
{e) The Association shall not servo, nor hold,
itself out as serving or ready'to serve
all members of the public, nor tai:e any
action which would cue it to he classified
ns a public utility under the law of the
State of Colorado.
)
10.6 Allocation of !later
•
The Annociation, by majority vote of the Board,
say place restrictions upon its water rervice or require those
—29—
eoca451 ;ACE 8Z
•
•
served by it to eurtail 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 Board shall limit or curtail non-dorestic service before
it limits domestic service, and ehall,liait or curtail non-
domestic rtercational purposes, pr'% a €o limiting or cur-
taiiing service for commercial purposes. The Board shall
i1i1 E-nr-curtail domestic service only in the event that
the reasonable curtnilment or limitation of other service
is' insufficient to provide an adequate supply of water in the
judgment of the Board 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 of the Members three-fourths
and complianceith anyrequirements imposed+by
law, the Association may convoy come or all of its water
rights and water and sewer service facilities to a public
district or to any entity or individual which 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 Oblige-
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 shell bo so expressed, is and shell be
deemed to covenant and agree to pay to the Association:
(a) Annual Assessments or charges; and
(b) Special Assessments for capital improve-
ments or other such extraordinary items.
•
.>c 23
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N••
300' Owners List, Ranch Creek
Parcels 1 and 2B, Phase 11
Ranch at the Ranch at Roaring Fork
Garfield County P.U.D. Application
Exhibit 29
Stryker/Brown Architects
300 S. Spring St., Aspen, Co. 81611
925-2254, fax: 925-2258
Property Owners within 300' of PUD
Lot 34
James, Jr. and Cynthia K. Jenkins
0076 Surrey Street
Carbondale, Co 81623
Lot 35, 0092 Surrey St.:
Graham and Gwen E. Hatfield, 1014 Shady Way
POBox 2518
Wichita, Kansas 67201
Lot 36, 0108 Surrey St.:
Richard L. and Joanne J. Howard,
7750 Country Lane,
Pleasanton, California 94566
Lot 37, 0126 Surrey St.:
Debeque Family Trust
126 Surrey St.
Carbondale, Co 81623
0084, Lot 002
Dan Bishop,
2727 N. Oakland Ave., Suite 106,
Decatur, Illinois 62526
0118, Lot 007
Leonard R. and Carol A. Weilffrat
118 Stagecoach Drive
Carbondale, Co 81623
0101, Lot 003
Franklin B. Hollowell, Jr.
101 Stagecoach Drive
Carbondale, Co 81623
0015, Lot 005
Delores and Richard Fischer
15 Stagecoach Circle
Carbondale, Co 81623
0038, Lot 001
Gary, E.Doris, Ralph D. Hubbel
12431 Highway 82
Carbondale, Co 81623
August 25, 1996 page 1 of 3
300' Owners List, Ranch Creek
Parcels 1 and 2B, Phase 11
Ranch at the Ranch at Roaring Fork
Garfield County P.U.D. Application
0041, Lot 004
Bob Emerson
1213 County Road 111
Carbondale, Co 81623
Colorado Department of Highways,
202 Centenial
Glenwood Springs, Colorado 81601
Jean M. Blue
404 County Road 104
Carbondale, Co 81623
Phillip P. Henke
Box 800
Aspen, Co 81612
Garfield County Highway Department
1015 School Road
Glenwood Springs, Colorado 81601
J. Richard and Shirley M. Hunt,
14913 Highway 82
Carbondale, Colorado 81623
Ranch at Roaring Fork Homeowners Association
14913 Highway 82
Carbondale, Colorado 81623
James William Griffith, Jr. and Mary Farver
Unit A, Building 1
14913 Highway 82
Carbondale, Co 81623
Martin E. Lawrence, Jr., and Lawrence E., III
Unit B, Building 1
14913 Highway 82
Carbondale, Co 81623
James P. and Barbara R. Ransford
Unit C, Building 1
14913 Highway 82
Carbondale, Co 81623
Exhibit 29
Stryker/Brown Architects
300 S. Spring St, Aspen, Co. 81611
925-2254, fax: 925-2258
August 25, 1996 page 2 of 3
1
rl
it
300' Owners List, Ranch Creek
Parcels 1 and 2B, Phase!!
Ranch at the Ranch at Roaring Fork
Garfield County P.U.D. Application
Melvin Gallant
Unit D, Building 1
14913 Highway 82
Carbondale, Co 81623
Stephen D. Tebo
Unit E, Building 1
14913 Highway 82
Carbondale, Co 81623
Duke F., V.Forrest, Clarice M., Martha C. Jones
Unit F, Building 1
14913 Highway 82
Carbondale, Co 81623
Patricia h. Walker
Unit A, Building 2
14913 Highway 82
Carbondale, Co 81623
Mary K. Truscott
Unit B, Building 2
14913 Highway 82
Carbondale, Co 81623
D3M Partners
Unit C, Building 2
14913 Highway 82
Carbondale, Co 81623
John Mark Murphy and Cynthia Tackett
Unit D, Building 2
14913 Highway 82
Carbondale, Co 81623
Exhibit 29
Stryker/Brown Architects
300 S. Spring St., Aspen, Co. 81611
925-2254, fax: 925-2258
August 25, 1996 page 3 of 3
41 VT,
470
Li
•
- .)<Rti:,(T# ,I
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
2
07
EZ
G
z
w
Not part of this report.
El
aeuQ 3
s0oaHayS
0
0
LOCATIONS OF TEST PITS
Job No. GS -1791
Aspen -Gypsum Area, Colorado
63
90—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
lain management concerns are low fertility and the
slope. Grasses and legumes grow well if adequate
fertilizer is used. If properly managed, the unit can
Iroduce 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
iverage annual production of air-dry vegetation is about
d00 pounds per acre.
Areas that are heavily infested with undesirable
Tants can be improved by chemical or mechanical
•eatment. If the quality of range vegetation has
seriously deteriorated, seeding is needed.
If this unit is used for homesite development, the
lain 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
e installed on the contour. Access roads should be
..esigned to control surface runoff and help stabilize cut
slopes.
This map unit is in capability subclass IVe, irrigated •
nd nonirrigated. It is in the Rolling Loam range site.
91—Mussel loam, 12 to 25 percent slopes. This
aep, 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
ierage annual air temperature is 42 to 44 degrees F,
-.td the average frost -free period is 75 to 90 days.
Typically, the surface layer is light gray loam about 8
ches thick. The upper 34 inches of the substratum is
Indy 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
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
Rogert 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
Soil Surve,
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 l
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. Tt1
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. i[
This unit is about 45 percent Showalter very stonl
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 are
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 r
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 wits` .
stones, 5 percent with cobbles, and 5 percent with
gravel. Typically, the surface layer is brown very stony
loam about 8 inches thick. The upper 3 inches of thea •
subsoil is very cobbly clay loam. The lower 28 'riche::
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. Availabl
water capacity is moderate. The effective rooting
is 60 inches or more. Runoff is medium, and the hazar
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 lowe,
inches is loam. The substratum to a depth of 60 inch .-
is loam. The soil is noncalcareous to a depth of 19
inches and calcareous below that depth.
Permeability is moderate in the Morval soil. Availal, .
water capacity also is moderate. The effective rooting
depth is 60 inches or more. Runoff is medium, and th"
hazard of water erosion is slight.
This unit is used as hayland or rangeland, for crop
or for homesite development. It is moderately suited to
hay and crops. The main limitations are the surface
stoniness, the slope, and the slow permeability.
EK 3(
240
TABLE 14. --ENGINEERING INDEX PROPERTIES --Continued
Soil Survey
I 1 I Classification iFrag- I Percentage passing 1
Soil name and IDepthl USDA texture I I Invents I sieve number-- 'Liquid 1 Plas-
map symbol 1 1 I Unified I AASHTO 1> 3 1 1 I 1 limit 1 tacit
1 1 I 'inches' 4 1 10 40 200 1 y
In I 1 I I index
87*:
Tridell
88*:
Moyerson
Rock outcrop.
89, 90, 91
Mussel
92
Redrob
93
Rogert
0-2 'Stony sandy loam
2-371Very cobbly loam,
I extremely
I gravelly sandy
I loam, very stony
1 fine sandy loam.
37-60IVery gravelly
I sand, very stony
I loamy sand,
1 extremely cobbly
1 sand.
0-5 (Silty clay loam
5-161Silty clay, clay,
I clay loam.
16 'Unweathered
1 bedrock.
0-8 'Loam CL -ML, ML
8-42ILoam, sandy clay CL -ML, ML
I loam.
42-60IStratified
1 gravelly silt
1 loam to loamy
I sand.
CL -ML,
SM -SC
GM, GM -GC
GP
CL, CH
CL, CH
0-141Loam
14-201Stratified stony
1 loam to loamy
I sand.
20-601Very gravelly
I sand, very
I cobbly sand,
1 extremely cobbly
I loamy sand.
0-6 (Very stony sandy
I loam.
6-17IVery gravelly
I sandy loam, very
1 cobbly sandy
I loam, extremely
1 gravelly sandy
I loam.
17 'Unweathered
1 bedrock.
See footnote at end of table.
SM, ML, GM
Pct I I I 1 Pct
A-4, A-2 120-30
A-1, A-2 135-50
I I
I I
175-95 170-90 60-80 130-60 20-30
1 1 1 I
145-55 140-50 30-40 15-30 15-30
1 1
1 1
1 1
1 1
A-1 30-45 135-45 130-40 120-30 0-5
1 1
1 1
1 1
1 1
1 1
1 1
A-7 1 0-5 195-100195-100185-95 80-90 45-65
A-7 1 0-15 195-100195-100185-95 180-90 45-65
1 1
1 I ---
I I I '
1 I
1 1
1 1
A-4 1 0 180-100175-100165-95 60-85 1 25-35
A-4 1 0 190-100190-100175-95 155-75 1 25-35
1 1 1 I I
A-4 1 0 170-100165-100155-95 140-75 1 15-20
1 1 1
1 1 1
1 1 1
1 1 1
0 195-100195-100185-95 60-75 1 20-25
0-15 195-100190-95 165-85 35-60 1 20-25
1 1 1
1 1 1
20-50 140-65 130-60 120-35 1 5-15
1 I I
1 I I I
1 1 I I
1 I I
1
A-1, A-2 i30-45 115-70 115-70 110-50 5-30 20-30
CL -ML A-4
SM -SC, A-4
CL -ML
GM, SM, A-1
GP -GM,
SP -SM
GP -GM, GM,
SP -SM, SM
GM, GP -GM
A-1
1 1
10-50 120-50 120-50 15-35 5-20
1 1
1
1 I
1 1
1
1 1
1 1
I I I
5-10
NP -10
NP
20-35
20-35
5-10
5-10
NP -5
5-10
NP
NP -5
NP
Aspen -Gypsum Area. Colorado
23
13—Atencio-Azeltine complex, 3 to 6 percent
slopes. This map unit is on alluvial fans and terraces.
The 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
frost -free period is 105 to 120 days.
This unit is about 60 percent Atencio sandy loam,and
30 percent Azeltine gravelly sandy loam.
Included in this unit are small areas of soils that are
similar to the Atencio and Azeltine soils but are finer
textured. Also included are small areas of gravel bars.
'^cluded areas make up about 10 percent of the total
acreage.
The Atencio soil is deep and well drained. It formed
in alluvium derived dominantly from sandstone and
shale. Typically, the surface layer is reddish gray sandy
loam about 6 inches thick. The next layer is sandy loam
about 4 inches thick. The subsoil is about 10 inches of
sandy clay loam over about 4 inches of gravelly sandy
loam. The upper 6 inches of the substratum is gravelly
sandy loam. The lower part to a depth of 60 inches is
very gravelly sand. The soil is noncalcareous to a depth
of 20 inches and calcareous below that depth. In some
areas the surface layer is gravelly or cobbly.
Permeability is moderate to a depth of 30 inches in
the Atencio soil and rapid below this depth. Available
water capacity is low. The effective rooting depth is 60
inches or more. Runoff is slow, and the hazard of water
erosion is slight.
The Azeltine soil is deep and well drained. It formed
in alluvium derived dominantly from sandstone and
shale. Typically, the surface layer is reddish gray
gravelly sandy loam about 9 inches thick. The upper 7
inches of the substratum is gravelly loam. The lower
)art to a depth of 60 inches is extremely gravelly sand.
The soil is calcareous throughout. In some areas the
surface layer is cobbly loam or sandy loam.
Permeability is rapid or very rapid below a depth of
16 inches in the Azeltine soil. Available water capacity
is low. The effective rooting depth is 60 inches or more.
Runoff is slow. and the hazard of water erosion is
slight.
This unit is used mainly for irrigated hay or pasture. It
also is used for crops, urban development, wildlife
habitat, or rangeland.
If this unit is used for hay and pasture, the main
limitations are the low available water capacity and
small stones. Grasses and legumes grow well if
adequate fertilizer is used. Good management helps to
maintain optimum vigor and quality of forage plants.
Because 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 name and
map symbol
10*, 11*:
Skylick
Sligting
12*:
Ar le
Ansari
Rock outcrop.
13*:
Atencio
Azeltine
I In 1
0-31
31-48
48-60
0-24
24-60
TABLE 14. --ENGINEERING INDEX PROPERTIES --Continued
USDA texture
1 Classification IFrag- I
Iments I
1 Unified I AASHTO 1> 3 I
I I
Percentage passing
sieve number--
linchesl 4
10
1
I 40
Loam
Clay loam, loam
Gravelly sandy
clay loam.
Very stony loam
Extremely cobbly
clay loam, very
cobbly clay,
very stony clay.
0-10 Very stony loam
10-30 Very stony loam,
very stony sandy
loam.
30 Weathered bedrock
0-8
8-14
14
Loam
Loam, stony loam
Unweathered
bedrock.
0-10 Sandy loam
10-24 Gravelly sandy
clay loam, sandy
clay loam,
gravelly sandy
loam.
24-30 Gravelly sandy
clay loam,
gravelly sandy
loam.
30-60 Extremely cobbly
sand, very
gravelly sand.
0-9
9-16
16-60
Gravelly sandy
loam.
Gravelly sandy
loam, gravelly
loam.
Extremely
gravelly sand.
See foctnote at end of table.
C[ -ML
CL
CL, SC
CL -ML
CL, SC
SM, GM,
GM, SM
CL -ML,
SM -SC
CL -ML,
SM -SC
SM
SC
SM -SC,
GM -GC
SP, GP,
SP -SM, I
GP -GM
SM, SM-SC,IA-2,
GM, GM -GCI
GM -GC, IA -2,
SM -SC, I A-6
GC, SC I
GP IA -1
1
1
1
1A-4
IA -6
IA -6, A-2
I
IA -4
IA -6, A-7
1
MLIA-4
IA -2, A-1
IA -4
IA -4
1
I ---
I
1
1
IA -2
IA -2, A-6
1
IA -2
1
1
I 1
IA -1
Pct
0
0
0
120-40
130-65
25-40
30-60
5-10
5-30
0-5
0-5
90-100
90-100
65-85
75-85
70-80
60-85
40-70
75-100
75-95
75-100
65-90
85-100
85-100
55-75
70-80
50-75
55-80
40-70
75-90
75-90
75-100
50-90
70-90
75-90
40-65
60-70
45-70
45-70
35-55
70-80
70-80
50-65
35-65
Soil Survey
1
(Liquid 1 Plas-
I limit 1 ticity
200 1 1 index
Pct
55-75 1 20-30 5-1,_
60-80.1 25-35 10-15
30-55 1 25-35 10-15
50-60 1 25-35 5-10
40-60 1 35-50 15-25
35-55 1 25-35
20-45 1 20-35
45-65 1 20-30
45-65 1 20-30
20-30 115-20
25-45 1 20-30
5-10 50-80 50-75 40-65 15-30
20-60 40-60 35-55 10-35 0-10
A-4 1 0-5 60-85 50-75 40-65 25-40
A-4, 0-5 60-85 50-75 40-65 25-50
115-30 25-40 20-35 10-20 0-5
15-25
20-30
25-35
NP -10
NP -10
5-10
5-'
NP -5
10-15
5-10
NP
NP
5-15
NP
Aspen -Gypsum Area, Colorado
245
TABLE 14. --ENGINEERING INDEX PROPERTIES --Continued
1 I I Classification (Fra
4- I Percentage passing I
Soil name and
IDepthl USDA texture I I Invents 1 sieve number--
(Liquid I Plas-
map symbol I 1
1 Unified 1 AASHTO 1> 3 1 1 I I I limit
I ticity
I I 1 1
linchesl 4 I 10 1 40 1200 I 1 index
1 In I I 1 1 Pct I I II
I I Pct
19 I 'I 1 I 1 I 1
I 0-5 IVery flaggy loam ICL -ML, ML IA -4 110-25 185-95 180-90 155-80 150-75 20-30
Zillman 1 5-121Channery fine ISM IA -1, A-2 1 5-10 160-80 155-75 140-70 115-35 20-25 NP -101 I sandy loam. 1 1 I 1 NP -5
112-241Very channeryI I I
IGC, GM -GC IA -2, A-6,1 5-10 135-60 130-55 120-50 I15-40 25-40 5-20
I I clay loam, very I I A-4 1 1 I 1
1 I channery loam. 1 1 1
I i I I I
124-60IVery channery IGM-GC, GC IA -2, A-4,1 5-10 135-60 130-55 120-50 115-90 25-35 5-15
1 I clay loam, very 1 I A-6 1 I I 1
1 1 channery loam. I 1 1
I 1 I I I I I
I I 1 1 1 I I
* See description of the map unit for composition and behavior characteristics of the map unit.
t
r
1
jri