HomeMy WebLinkAbout2.0 SIA Agreement111111111111111111 II1111111111111111111 111 1111111111111
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SUBDIVISION IMPROVEMENTS AGREEMENT
CORYELL RANCH AND MIDLAND POINT
THIS AGREEMENT is made and entered into this I,// day of January, 2000, by and
between the CORYELL RANCH COMPANY, LLC, a Colorado limited partnership (hereinafter
"Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY,
STATE OF COLORADO, (hereinafter "County").
WITNESSETH:
WHEREAS, Owner is the owner and developer of certain real property located within
Garfield County, Colorado, known as the Coryell Ranch P.U.D., as approved and more particularly
described in County Resolution No. 99-100; and
WHEREAS, approval for the preliminary plan for the Coryell Ranch P.U.D. was obtained
under the terms and conditions set forth in County Resolution No. 99-101; and
WHEREAS, both the P.U.D. approval and the Preliminary Plan approval contemplated
development of the Coryell Ranch P.U.U. in a single phase, but in two (2) distinct subdivisions, one
to be known as Coryell Ranch and the other to be known as Midland Point; and
WHEREAS, Owner has submitted to the County for its approval the Final Plat for Corycll
Ranch and the Final Plat for Midland Point, (hereinafter "Final Plats") for all of the property lying
within Coryell Ranch P.U.D. The property within Coryell Ranch is described upon the Final Plat
for Coryell Ranch and on the attached Exhibit A and the property within Midland Point is described
upon the Final Plat for Midland Point and on the attached Exhibit B; and
WHEREAS, as a condition of approval of the Final Plats and as required by the laws of the
State of Colorado, the Owner wishes to enter into this Subdivision Improvements Agreement with
the County; and
WHEREAS, Owner has completed or has agreed to complete certain subdivision
improvements as set forth herein, has agreed to execute and deliver a letter of credit or other security
to the County to secure and guarantee the completion of the subdivision improvements and its
performance of this Agreement, and has agreed to certain restrictions and conditions regarding the
issuance of building permits, certificates of occupancy and sale of properties, all as more fully set
forth hereinafter.
NOW, THEREFORE, for and in consideration of the premises and the following mutual
covenants and agreements, the parties hereby agree as follows:
1
+
1. FINAL PLAT APPROVAL. The County hereby accepts and approves the Final Plat N
of Coryell Ranch and the Final Plat of Midland Point, subject to the terms and conditions of this
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Agreement, as well as the terms and conditions of the P.U.U. approval, the Preliminary Plan
approval, and the requirements of the Garfield County Zoning and Subdivision Regulations.
2. OWNER'S PERFORMANCE. Owner has constructed and installed or shall cause
to be constructed and installed, at its own expense, those improvements related to Coryell Ranch and
Midland Point, which are required to be constructed by Resolution Nos. 99-100 and 99-101, this
Agreement, the Final Plats, and all Garfield County Zoning and Subdivision Regulations. The
estimated cost of completion of the subdivision improvements related to both Coryell Ranch and
Midland Point is set forth and certified by a licensed engineer on Exhibit C attached hereto. Such
improvements shall be completed on or before November 30, 2000. Additionally, the Owner shall
comply with the following:
a. all plat documents submitted prior to or at the time of the Final Plat approval,
which are incorporated herein by reference, and made a part of this agreement;
b. all requirements of Resolution Nos. 99-100 and 99-101, including all
requirements of the Garfield County Zoning Code and Garfield County Subdivision
Regulations, as they relate to Coryell Ranch and Midland Point.
c. all laws, regulations, orders and resolutions of the County of Garfield, State
of Colorado, and affected special districts; and
d. all designs, maps, specifications, sketches, and other materials submitted to
and approved by any of the above -stated governmental entities.
e. the improvements to be constructed by the Owner shall include, but are not
limited to the following:
(1) sewer collection lines, mains and interceptors for Coryell Ranch and
Midland Point, and connection of said facilities to the Roaring Fork Water &
Sanitation District's Regional Wastewater Treatment Facility.
(2) water supply and distribution system, including water storage tank, for
Coryell Ranch and Midland Point, and a water line under the Roaring Fork River to
enable connection of said facilities to the Roaring Fork Water & Sanitation District
Water Distribution System.
(3) internal roads, pedestrian ways, bike path, drainage features, utility
structures, and irrigation lines in accordance with the plans and specifications
therefor contained in the Final Plats.
The County agrees that if all improvements are installed in accordance with this Agreement,
the Final Plat documents, the as -built drawings to be submitted upon completion of the
improvements, the requirements of the Garfield County Zoning Code, all other requirements of this
Subdivision Improvements Agreement
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Agreement, and the requirements of Resolution Nos. 99-100 and 99-101, then the Owner shall be
deemed to have satisfied all terms and conditions of the Zoning and Subdivision Regulations of
Garfield County, Colorado with respect to Coryell Ranch and Midland Point.
3. SECURITY FOR IMPROVEMENTS.
a. Cash or Letter of Credit. On or before the date of the recording of the Final Plat of
Coryell Ranch or the Final Plat of Midland Point with the Garfield County Clerk and Recorder, the
Owner shall deliver cash or a Letter of Credit in a form acceptable to the County in the amount of
$4,511,200.00 which is the estimated cost of completing the remaining subdivision improvements
related to Coryell Ranch and Midland Point as set forth and certified by a licensed engineer on
Exhibit C attached hereto. The Letter of Credit required by this Agreement shall be issued by a state
or national banking institution acceptable to the County. If the institution issuing the Letter of Credit
is not licensed in the State of Colorado and transacting business in the State of Colorado, the Letter
of Credit shall be "confirmed" within the meaning of C.R.S. 4-5-106(2) by a bank that is licensed
to do business in the State of Colorado, doing business in the State of Colorado, and acceptable to
the County. The Letter of Credit must be valid for a minimum of six (6) months beyond the
completion date for the improvements set forth herein. If the time for completion of improvements
is extended by a written agreement to this Agreement, the time period for the validity of the Letter
of Credit shall be similarly extended. Additionally, should the Letter of Credit become void or
unenforceable for any reason, including the bankruptcy of the Owner or the financial institution
issuing or confirming the Letter of Credit, prior to acceptance of the improvements, this Agreement
shall become void and of no force and effect, and the Final Plats shall be vacated pursuant to the
terns of this Agreement.
b. Partial Releases of Security. The County shall release portions of the Security as
portions of the subdivision improvements are completed to the satisfaction of the County.
Certification of completion of improvements adequate to authorize release of security must be
submitted by a licensed or registered engineer. Such certification authorizing release of security
shall certify that the improvements have been constructed in accordance with the requirements of
this Agreement, including all Final Plat plans, and shall be stamped upon as -built drawings by said
professional engineer where applicable. Owner may also request release for a portion of the security
upon proof (i) that Owner has a valid contract with a public utility company regulated by the
Colorado PUC that obligates such utility company to install certain utility lines and (ii) that Owner
has paid to such utility company the cost of installation of such utilities required to be paid by Owner
under such contract.
Upon submission of a certification of completion of improvements by the Owner, the County
may inspect and review the improvements certified as complete, to determine whether or not said
improvements have been constructed in compliance with the relevant specifications. If the County
determines that all or a portion of the improvements certified as complete are not in compliance with
the relevant specifications, the County shall furnish a letter of potential deficiencies to the Owner
within fifteen (15) days specifying which improvements are potentially deficient. If no letter of
potential deficiency is furnished within said fifteen (15) day period, all improvements certified as
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complete shall be deemed accepted and the County shall release the appropriate amount of security
as it relates to the improvements which were certified as complete. If a letter of potential
deficiencies is issued which identifies a portion of the certified improvements as potentially
deficient, then all improvements not so identified in the letter of potential deficiencies shall be
deemed accepted and the County shall release the appropriate amount of security as such relates to
the certified improvements that arc not identified as potentially deficient in the letter.
With respect to any improvements certified as complete by the Owner that are identified as
potentially deficient in a letter of potential deficiencies as provided in this paragraph, the County
shall have thirty (30) days from the date of the letter of potential deficiencies to complete its
investigation and provide written confirmation of the deficiency to the Owner. If upon further
investigation the County finds that the improvements are acceptable, then appropriate security shall
be released to the Owner within ten (10) days after completion of such investigation. In the event
the improvements are not accepted by the County, the Board of Commissioners shall make a written
finding prior to requesting payment from the Letter of Credit. Additionally, the County shall provide
the Owner a reasonable period of time to cure any deficiency prior to requesting payment from the
Letter of Credit.
c. Substitution of Letter of Credit. The County may, at its sole option, permit the Owner
to substitute collateral other than a Letter of Credit acceptable to the County for the purpose of
securing the completion of the improvements as hereinabove provided.
d. Recording of Final Plat. Neither the Final Plat for Coryell Ranch nor the Final Plat
for Midland Point shall be recorded pursuant to this Agreement until the Letter of Credit described
in this Agreement has been received and approved by the County.
4. WASTE WATER SYSTEM. All easements and facilities sites necessary for the
wastewater collection system within Coryell Ranch and Midland Point shall be dedicated to the
Roaring Fork Water & Sanitation District on the appropriate Final Plat. No later than November 30,
2000, Owner shall complete construction of all wastewater collection system facilities for Corycll
Ranch and Midland Point, and upon completion of such construction, all of such facilities and
easements shall be conveyed by easement deed or bill of sale, as applicable, to the Roaring Fork
Water & Sanitation District. The dedication and conveyance of the easements and facilities for the
Wastewater Collection System shall occur pursuant to the terms and conditions of the approved
Service Plan for the Roaring Fork Water & Sanitation District, the P.U.D. approval and the
Preliminary Plan approval, and any construction cost recovery agreement approved by the Roaring
Fork Water & Sanitation District.
5. WATER SYSTEM. All easements and facilities sites necessary for the water
delivery system within Coryell Ranch and Midland Point shall be dedicated upon the appropriate
Final Plat to the Roaring Fork Water & Sanitation District, or, as applicable, to The Homeowners
Association of the Coryell Ranch and The Homeowners Association of Midland Point. No later than
November 30, 2000, the Owner shall complete construction of and transfer to the said District, or
to the said Associations, by appropriate instrument of conveyance, all improvements to the water
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system within Coryell Ranch and Midland Point, together with all water rights, water allotment
contracts, well permits, and other water rights necessary to provide domestic water service to Coryell
Ranch and Midland Point. It is the intention of the Owner and this Agreement that at such time, if
ever, as the Service Plan of the Roaring Fork Water & Sanitation District is amended to authorize
said District to provide domestic water service to Coryell Ranch and Midland Point, that the District
will be the owner and operator of all facilities and water rights necessary to provide such service and
that the conveyance to the District of all such facilities and water rights will be made as provided in
such Amended Service Plan, the P.U.D. approval, the Preliminary Plan approval and any
construction cost recovery agreement approved by the District.
6. ROADS. All roads within the Final Plat for Coryell Ranch shall be dedicated to The
Homeowners Association of The Coryell Ranch as private rights-of-way. All roads within the Final
Plat of Midland Point shall be dedicated to The homeowners Association of Midland Point as
private rights-of-way. The respective Homeowners Associations shall be solely responsible for the
maintenance. repair and upkeep of those roads. The County shall not be obligated to maintain any
roads within the subdivision.
7. SECONDARY IRRIGATION SYSTEM. No later than November 30, 2000, the
Owner shall construct and convey to The Homeowners Association of the Coryell Ranch or The
Homeowners Association of Midland Point, as applicable, by appropriate instrument ofconveyance,
all appurtenant improvements to the secondary irrigation system designed to provide untreated
irrigation water to Coryell Ranch and Midland Point, including all water lines, pumps, diversion and
storage facilities and applicable water rights, together with all easements and rights-of-way necessary
to properly operate and maintain the irrigation improvements as they shall be located and in place.
8. AFFORDABLE DWELLING UNITS. Under the terms of the Coryell Ranch
P.U.D., Owner is required to provide seven (7) owner -occupied affordable dwelling units. In
accordance with such requirement, the Owner shall construct the affordable dwelling units and
thereafter convey the Lots improved with affordable dwelling units as follows:
a. The affordable dwelling units shall be constructed on Lots A-1, A-2, A-3, and
A-4, Midland Point. Lots A-1, A-2, and A-3 shall be duplex Lots, and Owner shall construct
a duplex structure on each of said Lots. Said Lots may be resuhdivided along the common
party wall of the duplex structure upon completion of construction.
b. Owner has heretofor provided the County and the Garfield County 1 -lousing
Authority with a draft of a Declaration of Master Deed Restriction and Agreement
Concerning the Sale, Occupancy and Resale for Property Described as Lot A-1, Lot A-2, Lot
A-3, and Lot A-4, Midland Point Subdivision (the "Master Deed Restriction"), which is now
pending final acceptance and approval by such entities. No later than March 31, 2000,
Owner shall execute and record such a Master Deed Restriction affecting said lots in form
approved and executed by the County and the Garfield County Housing Authority. Owner
agrees that at the time of recording such approved Master Deed Restriction, Lots A-1, A-2,
A-3 and A-4, Midland Point, shall be free and clear of any lien or encumbrance which,
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through foreclosure or other operation of law, could later serve to extinguish said Master
Deed Restriction. In no event shall Owner convey or otherwise transfer any of said Lots A-1,
A-2, A-3, or A-4, Midland Point, prior to the recording of the approved Master Deed
Restriction.
c Construction of four (4) of the affordable housing dwelling units required
hereby shall be completed and such completed dwelling units shall be made available for sale
no later than December 31, 2000, under the recorded Master Deed Restriction and applicable
guidelines approved by the Garfield County Housing Authority. Construction of the
remaining three (3) of such affordable housing dwelling units shall he completed and such
units made available for sale no later than December 31, 2001, under the recorded Master
Deed Restriction and applicable guidelines approved by the Garfield County Housing
Authority.
9. ROAD IMPACT FEES. In accordance with Section 4:94 of the Garfield County
Subdivision Regulations, as amended Resolution No. 97-111 of the Garfield County Commissioners,
and the worksheet calculated in accordance therewith which is attached hereto as Exhibit D, the
offsite road impact fee (the "Road Impact Fee") applicable to Coryell Ranch and Midland Point is
$840.27 per dwelling unit. Approval of the within Final Plats constitutes approval of a total of 72
dwelling units, thus the total Road Impact Fee for Coryell Ranch and Midland Point is $60,499.44
(72 x per unit fee). As required by Section 4:94, the Owner shall pay to the County the sum of
$30,249.72, which is fifty percent (50%) of the total Road Impact Fee for Coryell Ranch and
Midland Point, at or prior to the recording of the Final Plat for either of such Subdivisions.
Thereafter, at the time of issuance of the initial building permit for any lot within either Coryell
Ranch or Midland Point, the applicant therefor shall pay to the County the sum of $420.14, which
is fifty percent (50%) of the per dwelling unit Road Impact Fee for Coryell Ranch and Midland
Point; provided, however, that the amount of the Road Impact Fee to be collected upon the issuance
of a building permit for any duplex structure shall be $840.27 (one-half of the per dwelling unit fee
x two dwelling units per duplex structure). All Road Impact Fees collected by Garfield County from
Coryell Ranch or Midland Point shall be administered as provided in Section 4:94 of the Garfield
County Subdivision Regulations.
10. FEES IN LIEU OF DEDICATION OF LAND TO SCHOOL DISTRICT. The
Owner shall make a cash payment in lieu of dedicating land to the Roaring School District, RE -1,
calculated in accordance with the provisions of Resolution No. , now codified as Sections
9:80 and 9:81 of the Garfield County Subdivision Regulations, which states that the cash in lieu
payment is equal to the unimproved per acre market value of the land multiplied by the land
dedication standard multiplied by the number of units in the subdivision. The parties acknowledge
and agree that for Coryell Ranch and Midland Point the above formula shall be completed, and the
total amount of the cash payment in lieu of dedication of land, calculated as follows:
a. Unimproved per acre market value of land, based upon an appraisal submitted
by Owner= $23,166.02;
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b. Land dedication standard (from Resolution No.
66 single family DU's x .020 acres = 1.32 acres
6 multi -family DU's x .015 acres = .09 acres
total = 1.41 acres; and
c. Total amount of cash in lieu payment:
S23,166.02 x 1.41 = $32,664.09.
The Owner shall therefore pay to the Garfield County Treasurer at or prior to the time of recording
the Final Plat for either Coryell Ranch or Midland Point, the sum of $32,664.09 as a payment in lieu
of dedication of land to RE -1 School District, which shall be utilized in accordance with the
provisions of C.R.S. 30-28-133, as amended. The Owner specifically agrees that it is obligated to
pay the above and foregoing fee, accepts such obligation, and waives any claim that it is not so
obligated or required to pay such fee. The Owner agrees that subsequent to recording of the Final
Plats, Owner will not claim, nor is the Owner entitled to claim, a reimbursement of the fee in lieu
of land dedication to RE -1 School District which is paid in accordance with the provisions of this
Agreement.
11. FIRE DISTRICT FEES. The parties recognize and agree that the approval of the
Final Plats constitutes approval of seventy-two (72) dwelling units. The parties agree that the Impact
Fees for the Carbondale & Rural Fire Protection District shall be $339.00 per dwelling unit, or a total
of $24,408.00 for Coryell Ranch and Midland Point. Owner shall pay to the Carbondale & Rural
Fire Protection District a total fee in the amount of $24,408.00 for Coryell Ranch and Midland Point
at or prior to the time of the recording of the Final Plat for either Coryell Ranch or Midland Point.
Owner specifically agrees that it is obligated to pay the above and foregoing fee to the Carbondale
& Rural Fire Protection District, accepts such obligation, and waives any claim that it is not so
obligated or required to pay the Fire District Fees. Owner agrees that subsequent to recording of the
Final Plat the Owner will not claim, nor is the Owner entitled to, a reimbursement of the Fire District
Fees to be paid in connection with this Agreement.
12. CONSULTING ENGINEERING. Owner shall reimburse the County for all
professional fees and costs incurred by the County for retention of an independent geotechnical
engineer to review and monitor all debris flow mitigation measure installations and all improvements
affecting County Road 109 as identified in the CTL Thompson letter dated March 3, 1995 and as
identified on the Master Drainage Plan.
13. INDEMNITY. To the extent allowed by law, the Owner agrees to indemnify and
hold the County harmless and defend the County from all claims which may arise as a result of the
Owner's installation of the improvements required pursuant to this Agreement. I-lowever, the Owner
does not indemnify the County for claims made asserting that the standards imposed by the County
are improper or the cause of the injury asserted.
The County shall be required to notify the Owner of receipt of a notice of claim, or a notice
of intent to sue and shall afford the Owner the option of defending any such claim or action. Failure
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to notify and provide such written option to the Owner shall extinguish the County's rights under this
paragraph. Nothing herein stated shall be interpreted to require the Owner to indemnify the County
from claims which may arise from the negligent acts or omissions of the County or its employees.
14. SALE OF LOTS. No lots within either Coryell Ranch or Midland Point shall be
conveyed prior to recording of the applicable Final Plat.
15. ISSUANCE OF BUILDING PERMITS. As one remedy for breach of this
Agreement, the County may withhold issuance of building permits for any structure within Coryell
Ranch and Midland Point. The parties agree that no building permit shall be issued until the Owner
demonstrates to the satisfaction of the Fire District that adequate water is available for the Fire
District's purposes at the site of construction. Further, the parties agree that no certificate of
occupancy shall be issued for any building or structure within the Final Plat until all subdivision
improvements, have been completed and are operational, as required by this Agreement.
16. ENFORCEMENT. In addition to any rights which may be provided by Colorado
statute, it is mutually agreed that the County or any purchaser of a lot within either Subdivision shall
have the authority to bring an action in the District Court of Garfield County, Colorado, to compel
enforcement of this Agreement.
17. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with any
of the terms of this Agreement, including, without limitation, the provisions of paragraph 8, hereof,
regarding Affordable Dwelling Units, and further including the terms of the Preliminary Plan, and
the P.U.U. approval, the County shall have the ability to vacate either of the Final Plats as they
pertain to lots for which no building permits have been issued. Any existing lots for which building
permits have been issued, shall not be vacated and the plat as to those lots shall remain valid. The
Owner shall provide a survey and complete legal description with a map showing the location of a
portion of the plat so vacated.
18. BINDING EFFECT. This agreement shall be a covenant running with the title to
each lot within the Final Plats, and the rights and obligations as contained herein shall be binding
upon and inure to the benefit of the Owner, its successors and assigns.
19. RECORDING. Upon execution and authorization by the County, the Owner shall
record this agreement with the Office of the Clerk & Recorder for Garfield County, Colorado.
20. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out
of or related to this agreement shall lie in the District Court for Garfield County, Colorado, and be
construed pursuant to the laws of the State of Colorado.
21. AMENDMENT. The parties hereto mutually agree that this Agreement may be
amended from time to time, provided such amendment is in writing and signed by the parties hereto.
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22. NOTICE. All notices required herein shall be tendered by personal service or
certified mail upon the following individuals or agents of the parties to this agreement:
Board of County Commissioners of Garfield County
c/o Mark Bean, Planning Director
109 8th Street, Suite 303
Glenwood Springs, Co 81601
Coryell Ranch Company, LLC
9929 Highway 82
Carbondale, CO 81623
with copy to:
Lawrence R. Green
Balcomb & Green, P.C.
P.O. Drawer 790
Glenwood Springs, CO 81602
F.NTERF,D INTO the day and year first above written.
ATTE§J:'
CORYELL RANCH COMP
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Subdivision Improvements Agreement
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EXHIBIT A
A parcel of land situate in Lo,s 12 and 1.3. Section 28 and in Lc, _
1.2,8.9, 10, 11,12, 1J and 19. Section 29. all in Township 7 South, Range 88 West
of the 6th Principal Meridian, County of Garfield, State of Colorado, being more
porticularfy described as follows:
Commencing of a found B.LM. aluminum cop in place to the East 1/4 Comer for
Section 29, whence a found brass cap LS 7734 in pfoce for the northeast comer
for said Section 29 bears N00'24 20 E a distance of 2577.86 feet, with all
bearings contained herein relative thereto; thence NOJ 24 20 E along the
east line of said Section 29 a distance of 582.10 feet to the TRUE POINT OF
SECINN/NG for the parcel descnbed herein; thence N89'75'40'W 150.00 feet;
thence 50074'20 425..3 feet;; thence N88'50'42'W 193.52 feet;
thence 588'3059'W 25.01 feet; thence SD3'1228E 358.6.3 feet;
thence 5143427'W 42.90 feet; thence SJO2928E 57.52 feet:
thence 503'47'34'W 318.13 feet: thence N85:30'11 -E 252.95 feet;
thence 579'37 24 E 157.71 feet; thence .50.2•09:351- 102.44 feet;
thence N79'3724'W 166.90 feet; thence 585:30'11-W 498.02 feet;
thence 580'50041W 221.14 feet; thence S472324'W 843.03 feet;
thence 519'49'59'W 411.87 feet; thence along a common boundary agreed upon by
Union 017 Company of California and the Crystal River Ranch (said agreement
being recorded in Book 912 at page 785 to 789 of the records of said Garfield
County Clerk and Recorder) the following 10 courses:
1) N54'1J OJ'W along an existing fence line o distance of 258.77 feet;
2) N66'20 21 ii' along an existing fence line a distance of 398.62 feet;
3)
N45•21'16 1+' along an existing fence line a distance of 213.59 feet;
4) N45'24'30 13' along an existing fence line a distance of 217.78 feet;
5) N45'08'15'W along an existing fence line a distance of 451.97 feet;
6) N71'50'46'W along an existing fence line a distance of 278.62 feet;
7) N44'20'21'W along an existing fence line a distance of 273.66 feet;
8) N3971 Jl ''W along an existing fence line a distance of 326.72 feet to a
point on the west line of Lot 13 of said Section 29;
9) NO028'07 E along the west line of said Lot 1J a distance of 310.11
feet to the southwest comer of Lot 8 of said Section 29;
10) NOf 59'467- along the west line of sold Lot 8 a distance of 116725 fee(
to the southwest comer of a parcel of land descnbed in Book 449 at Page
577 of the records of said Garfield County Clerk and Recorder,
thence N8926:32E along the south boundary line of said parcel of land a
distance of 151.19 feet to the southeast comer of said parcel of land,-
thence N30'1529 E along the easterly boundary line of said parcel of land a
distance of 365.2.9 feet to the south boundary of Aspen Glen, filing No. 1,
County of Garfield, State of Colorado also being the centerline of the Roaring
Fork River, thence along the south boundary of Aspen Glen, fling No. 1 the
following 11 courses:
1) 524'00'00"E a distance of 206.36 feet;
2) 54-8-00'00t a distance of 375.00 feet;
3) N70"00'007' a distance of 2.97.00 feet;
4) N50'00 '00 -E a distance of 220.00 feet;
5) N31'00 007- o distance of 352.00 feet;
6) N.39'00'007" a distance of 300.00 feet;
7) N56 -00'00 -E a distance of 290.00 feet;
8) N72'00'001- a distance of 277.00 feet:
9) 584•00.001- a distance of 240.00 feet;
10)557-00'00-E a distance of 238.00 feet;
11)544'00'00'r a distance of 272.02 feet; thence leaving the south boundary
of Aspen Glen, filing No. 1 and continuing along the centerline of the Rooting
Fork River the following 4 courses:
1) S41'42 43' a distance of 404.,75 feet;
2) 52.9'08'31-E a distance of 293.00 feet;
3) 53637 J1 E a distance of JJ0.00 feet;
4)
541-.31.111- a distance of 225.00 feet to a paint on the east line of
Section 29; thence 500'24'20-W along the east line of said Section
29 o distance of 196.31 feet to the TRUE POINT OF BEGINNING. containing 191372
acres more or less.
ma
A =
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EXHIBIT B
A parcel of land situate in Lots 12 and 13, Section 28 and in Lots
1,2,8,9, 10, 11,12, 13 and 19, Section 29, all in Township 7 South, Range 88 West
of the 6th Principal Meridian, County of Garfield, State of Colorado, being more
particularly described as follows:
Commencing at a found B.L.M. aluminum cop in place to the East 1/4 Comer for
Section 29, whence a found brass corp LS 7734 in place for the northeast comer
for said Section 29 bears N00'24 20 -' a distance of 2677.86 feet, with all
bearings contained herein relative thereto; thence N05 -1759"W 625.78 feet to
the TRUE POINT OF BEGINNING for the parcel descnbed herein:
thence 5793724'E along on existing fence line and southerly boundary of a
parcel of land described as parcel A in Book 929 at Page 158 to 159 of the
records of sold Garfield County Clerk and Recorder a distance of 99.90 feet to
the end of said fence line; thence continuing along said southerly boundary
579'3724"E o distance of 71.00 feet to the centerline of the Crystal River;
thence along the centerline of the Crystal River fhe following 4 courses:
1) 510'48:31'E 262.02 feet;
2) .512'.13-.31-E 168.00 feet;
3) .5:26-03.31-E. 219.00 feet;
4) 54138:33' 206.26 feet to a point on the east line of Lot
13 of Section 28; thence 500'5721 "W along the east line of said Lot 13
(said east line also being the common boundary line as agreed upon by Union Oil
Company of California and John K. and Barbaro M. Snobb/e, said agreement being
recorded in Book 933 at Page 836 to 838 of the records of said Garfie/d County
Clerk and Recorder) o distance of 909.31 feet to the southeast comer of said
Lot 13; thence along a common boundary agreed upon by Union Oil Company of
Californ
ment
912 at/a page the C 785 to 789 of the Ranchtal River records (said of sa'deGarfieldeing recorded Cou County Clerk andoak
p 9
Recorder) the following 10 courses:
1) N89'07'40"W along the south line of said Lot 13 a distance of 563.29
feet to the southwest corner of said Lot 13;
2) 589'55'11"W along the south line of Lot 19, Section 29 o distance of
159.34 feet to a point on an existing fence line;
3) N70'07'59'W along an existing fence line a distance of 409.84 feet;
4) N70' 10'41 "W along an existing fence line a distance of 354.35 feet;
5) N6936'20"W along an existing fence line a distance of 188.80 feet;
6) S28"44'14 "LY along an existing fence line o distance of 306.75 feet;
7) 528-58'421V along an existing fence line a distance of 66.15 feet to a
point on the south line of said Lot 19;
8) 589'55'11'W along the south line of sold Lot 19 a distance of 295.33 feet
to a point on on existing fence line;
9) N11'00'291- along an existing fence line a distance of 309.81 feet;
10) N 13'50'04 "W along an existing fence line a distance of 305.85 feet;
thence N19'49 59'E 411.87 feet; thence N4723'247- 843.03 feet; thence
A'80'50'40'E 221. 14 feet: thence N85'30'1 1 "E 498.02 feet; thence
579.3724E 166.90 feet; thence NO2'09 :36'h' 102.44 feet to the point of
beginning, said parcel contains 63.232 acres more or less.
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Water
No. Item/Description
EXHIBIT C
Loryell Ranch & Midland Point
Subdivision Improvement Agreement
November 12, 1999
Opinion of Probable Cost
Qty. Unit Price/Unit Total Price
I 6" DIP
8" DIP
3 10" DIP
4 6" Gate Valve
5 3" Gate Valve
6 10" Gate Valve
7 8"-6" Reducer
3 10"-8" Reducer
9 8"-6" Tee
10 10"-8" Tee
11 10"-6" Tee
12 8" Tee
13 10" Tee
14 10" Cap
15 6" 11.25° Bend
16 6" 22.5° Bend
17 6" 45° Bend
18 6" 90° Bend
19 8" 11.25° Bend
20 8" 22.5° Bend
21 8" 45° Bend
22 8" 90° Bend
23 10" 11.25° Bend
24 10" 22.5° Bend
25 10" 45° Bend
26 10" 90° Bend
27 6" PVC (Irrigation)
28 4" PVC (Irrigation)
29 6" Cross (Irrigation)
30 6"-4" Reducer (Irrigation)
31 4" Gate Valve (Irrigation)
32 6" 1 1.25° Bend (Irrigation)
33 6" 22.5' Bend (Irrigation)
34 6" 45° Bend (Irrigation)
35 6" 90° Bend (Irrigation)
36 irrigation Pump Station
37 Chlorination Station
38 200,000 Gal. Water Storage Tank
39 Water Service
40 Fire Hydrant
41 Wells
845 LF 525.00 521.125.00
11.005 LF 530.00 5330,164.40
4,819 LF 535.00 5168.643.90
10 Ea. 5500.00 55,000.00
24 Ea. S750.00 513,000 00
13 Ea. 51.000.00 513,000.00
4 Ea. 5200.00 5300.00
3 Ea. 5250.00 S750.00
9 Ea. S200.00 51.300.00
2 Ea. 5300.00 5600.00
5 Ea. S300.00 51,500.00
4 Ea. 5250.00 51,000.00
3 Ea. 5300.00 S900.00
I Ea. 5150.00 5150.00
0 Ea. S200.00 S0.00
1 Ea. S200.00 5200.00
3 Ea. 5200.00 5600.00
0 Ea. 5200.00 50.00
17 Ea. 5300.00 55,100.00
27 Ea. 5300.00 58,100.00
16 Ea. 5300.00 54,800.00
6 Ea. 5300.00 51,800.00
8 Ea. 5400.00 53,200.00
15 Ea. 5400.00 56,000.00
11 Ea. S400.00 54.400.00
1 Ea. 5400.00 5400.00
162 LF 512.00 51,944.00
3,424 LF 510.00 534,240.90
I Ea. 5100.00 5100.00
3 Ea. 550.00 5150.00
5 Ea. 5150.00 S750.00
7 Ea. 550.00 S350.00
I Ea. 550.00 S50.00
2 Ea. 550.00 5100.00
3 Ea. S50.00 5150.00
1 LS 535,000.00 535,000.00
1 LS 5150,000.00 S150,000.00
I LS 5200,000.00 5200,000.00
70 Ea. 51,000.00 570,000.00
19 Ea. 52,500.00 547,500.00
1 Ea. 515,000.00 515,000.00
11 12'.09 10:33 AM cur -s ia. x is
Water - Total 51,153,373.20
Prepared by Greg Schroeder. PE
Pa^_e 1 of -1 Revised by David M. Kotz. PE
Drainage
No. item/Description
.,orvell Ranch & Midland Point
Subdivision Improvement Agreement
November 12. 1999
Opinion of Probable Cost
Qty. Unit Price/Unit Total Price
1 12" CMP
2 15" CMP
3 18" CMP
4 24" CMP
5 30" CMP
6 36" CVIP
7 42" CMP
8 36"UF
9 15" End Section
10 18" End Section
11 24" End Section
12 30" End Section
13 36" End Section
14 42" End Section
15 Curb Inlet
16 Type 13 Inlet
17 36" Access Draina¢e Manhole
18 42"x18" Tee
19 42"x15" Tee
20 Ditch
21 Riprap
22 Conc. Headwall (Double 36")
23 5' Dia. Drainage Manhole
24 Diversion Structure
25 Pond (NWSE 6104.5)
26 Pond (NWSE 6101)
27 Pond (NWSE 6088)
28 Pond (NWSE 6064)
29 Pond (NWSE 6052)
87 LF 525.00 52.134.50
266 LF S27.00 577.173.76
676 LF 530.00 520.274.30
182 LF S35.00 56,3 70.00
110 LF 540.00 $4.400.00
267 LF 545.00 512.024.00
120 LF 550.00 S6,000.00
1,872 LF S50.00 593,600.00
1 Ea. 5150.00 S150.00
11 Ea. 5175.00 51,925.00
6 Ea. 5200.00 51.200.00
1 Ea. S250.00 S250.00
2 Ea. 5300.00 S600.00
4 Ea. 5400.00 51.600.00
14 Ea. S3,000.00 542,000.00
1 Ea. 51.500.00 S1,500.00
7 Ea. S750.00 55,250.00
1 Ea. S400.00 5400.00
1 Ea. 5400.00 5400.00
16,023 LF 55.00 S80.137.70
38.0 CY S50.00 S1,900.00
2 Ea. 52,000.00 54,000.00
2
Ea: 51,500.00 53,000.00
8 Ea. S1,500.00 S12.000.00
1,350 CY 53.00 $4.050.00
39,505 CY $3.00 5118,515.00
49,363 CY S3.00 S148.089.00
41,870 CY S3.00 $125.11.,.0
1,132 CY S3.00 S3,396.00
11:12:99 10:33 AM cor-sia.xls
Drainage - Total S708,004.26
Prepared by Greg Schroeder. PE
Pa^_e 2 of 4 Revised tip. David M. Kotz. PE
Namo0
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F, Roads t , -4
Roads
No. Item/Description
I Excavation
2 Topsoil Removal (8"-10")
3 Base Course
4 Asphalt
5 Mountable Curb & Guner
6 Water Tank Access Road
7 Valley Pans / Flatwork
.:orveil Ranch & Midland Point
Subdivision Improvement :agreement
November 12. 1999
Opinion of Probable Cost
Qty. Unit Price/Unit Total Price
8.061 CY S3.00 524.183.00
6.603 CY S5.00 533.040.28
7,731 Tons S15.00 5115.971.38
4.460 Tons S42.00 S137.338.33
7.562 LF S15.00 S113,430.00
850 LF S40.00 534.000.00
30 SY S40.00 S1.200.00
Sewer
No. Item/Description
1 3" PVC (0'-10')
2 8" PVC (10'-15')
3 8" PVC (>15')
4 Manhole (0'-10')
5 Manhole (10'-15')
6 Manhole (>15')
7 4" Force Main
8 River Crossing
9 Lift Station
10 Sewer Service
Roads - Total
Qty. Unit Price/Unit
5509,163.03
Total Price
3365 LF 530.00
5391 LF 535.00
1972 LF 540.00
14 Ea. 51,500.00
24 Ea. S2,000.00
12 Ea. 52,500.00
1,485 LF 530.00
1 LS 5100.000.00
1 LS S50.000.00
70 Ea.. 51,000.00
S100.950.00
S133,685.00
S78.880.00
521,000.00
548,000.00
530,000.00
544,550.00
$100.000.00
550,000.00
570,000.00
Sewer - Total S732,065.00
Miscellaneous/Utilities
No. Item/Description
Qty. Unit Price/Unit
Total Price
I Berms
2 Electric
3 Gas
4 Telephone
5 Cable
6 10" DIP Water Connectivity to Aspen Glen
7 10' Bike Path
14,776 CY S5.00
11,144 LF S15.00
11.170 LF S35.00
11,144 LF S10.00
11,144 LF S12.00
2,000 LF S38.00
4,532 LF 510.00
573.880.00
S 167,160.00
5390,950.00
S111.440.00
5133,728.00
S76.000.00
545,320.00
11/12199 10:33 AM cor-sia.xls
Miscellaneous/Utilities - Total
5998,478.00
Prepared by Gree Schroeder. PE
Page 3 of 4 Revised by David M. Kotz. PE
:orvell Ranch & Midland Point
Subdivision Improvement Agreement
� November 12, 1999
0
Opinion of Probable Cost
Cost Summary
----z
z
A 8
r)
�• � Water - Total SI,153,373.20
a 9 Drainage - Total S708,004.26
110 IL
- ""' Roads - Total $509,163.03
IIIIIMm a Sewer - Total 5732,065.00
-� Miscellaneous/Utilities - Total 5998,478.00
. 10
. CD
V •
19 ID
Totals S4,10I,083.49
1*I a Contingency (for Mobilization, Overhead, General Conditions. Administration, etc.) 10% S410,I08.35
--N8
00 Cil
+gym Total Cost S4,511,191.84
—va- %
= •y 0
11 con
Note:
The estimates contained herein are the opinion of this engineer and are based upon historical information
adjusted for unique conditions of this project. As with any cost estimate actual costs may vary due to market
conditions.
11/11'99 10:33 AM cor-sia.xls
Prepared by Greg Schroeder, PE
Page 4 of 4 Revised by David M. Kotz. PE