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HomeMy WebLinkAbout1.0 ApplicationFOUR -)T7 _1114 NCH S • 7 -; • p/ oN 4...;11,4Dirli St \ FINAL PLAT SUB11177 /L it,40-14/f.y,\\ PM,!e, ,4.7 R6141/17 gale /P. I-ZiVuE )/Ifrae, II ' RAV41/ ' 7.7/ERE ,• N•v• 'Joy'• 4* s 1 I 1,4 )1..r, • ' • 4, VI 11,Pitat)Eie4• .57-\• 4' • • t••6,AP4jr: , • LOYAL E. LEAVENWORTH CYNTHIA C. TESTER GREGORY J. HALL DAVID H. McCONAUGHY KELLY D. CAVE DAVID A. MEISINGER* TOM KINNEY SUSAN W. LAATSCH 'Admitted in Wisconsin only LEAVENWORTH & TESTER, P.C. ATTORNEYS AT LAW I REcE,'H -n rrr' 281998 1011 GRAND AVENUE P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-2261 FAX: (970) 945-7336 Itlaw@sopris.net December 27, 1999 GARrirt n r'eTNTY PL. °.. ::PARTMENT 108 "..i i.- SUITE 303 GLENWOOD SPRINGS, CO 81601 Mark Bean, Director Garfield County Building & Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re: Supplemental Information for Four Mile Ranch Subdivision/Final Plat Submission and Request for Vested Rights • Dear Mark and the Garfield County Planning Department: As you know, we originally submitted the Four Mile Ranch Subdivision Final Plat and a check for $200.00 for the final plat submission fee on June 24, 1999. After reviewing Mark Bean's comments in his letter dated July 28, 1999, we decided to revise the submittal. Therefore, we asked the County to return the five initial submittal notebooks for revisions. The County retained its copies of the off-site construction plans. Only three notebooks were returned to us from the County, and we have updated them accordingly. Two additional notebooks are included for a total of five notebooks. Please discard the two old June 24, 1999 submittal notebooks. The updated submittal contains all of the current documents and information regarding Four Mile Ranch Subdivision's Final Plat (except the off-site construction plans). Please note that our initial June 24, 1999, cover letter contains important information and is included in this submittal for your review. After our discussions with City and County representatives on December 20, 1999, we are revising the construction plans for the off-site road and sewer infrastructure (see Joe Hope's letter dated December 27, 1999 at Tab 8 and a letter from Lee Leavenworth dated December 27, 1999, attached to this letter) and will submit the plans within the next few weeks. In light of the circumstances, we would ask for your cooperation in this approach. The following documents were revised and added to our original submittal for your review: 1. The Final Plat (Tab 1) now includes a dedication of the public utilities to the Homeowners Association, Public Utilities and the City of Glenwood Springs. A Plat Note was added to document that "the roads and the Public Trail and Bike Path located within the Subdivision shall be dedicated to Garfield County but shall be maintained by the Homeowner's Association." Finally a Plat Note was added stating that "the off-site wastewater infrastructure shall be dedicated to the City of F:\1999\Letters-Memos\COLODNY-4 Mile -Final Plat-Itr-3.wpd LEAVENWORTH & TESTER, P.C. Mark Bean, Director Page 2 December 27, 1999 Glenwood Springs." As we previously discussed with you, the public trail and bike path and irrigation ponds were slightly adjusted to coincide with the contours of the property and the as -built facilities. 2. The Four Mile Ranch Homeowners Proposed Covenants (Tab 2) were revised to ensure that all references to accessory structures are prefaced with "non- residential" and to correctly refer to the West Divide Water Conservancy District instead of the Basalt Water Conservancy District. 3. The Subdivision Improvements Agreement (Tab 5) was revised to specify that improvements shall be completed within one year of execution of the SIA; to clarify the dedication of off-site wastewater to the City of Glenwood Springs after the Homeowners Association owns and maintains it for one year in accordance with the Pre -Annexation Agreement with the City of Glenwood Springs (see Tab 12, Paragraph 8); and to acknowledge that the roads and public right-of-ways are dedicated to Garfield County, but shall be maintained by the Homeowners Association. The Four Mile Ranch Development Company, Inc. decided to utilize a deposit agreement (see Tab 5D) rather than a letter of credit and the SIA was updated accordingly. Please find attached to this letter at Tab A a redline copy of the new proposed SIA detailing the revisions from the June 24, 1999, proposed SIA. In addition, we added subsections to Tab 5 to include the following documents: A. Tab 5(A): A letter from Larry Thompson, the engineer for the City of Glenwood Springs, dated December 10, 1999, regarding the Off -Site Improvements. Mr. Thompson's concerns will be rectified by High Country Engineering, Inc. as evidenced in the letter from Deric Walters dated December 15, 1999. Furthermore, the right of way issues were discussed in a meeting with the County, the City and Four Mile representatives on December 20, 1999. The County is working on the right-of-way issues. B. Tab 5(B): Upon completion of the mairr sewer line the off-site sewer shall be owned and maintained by the Homeowners Association for one year. As required by the Pre -Annexation Agreement with the City (see Tab 12), after one year, the off-site sewer shall be dedicated to the City. Therefore, we enclosed proposed Bills of Sale from the Four Mile Ranch Development Company to the Homeowners Association (to be executed at final plat) and from the Homeowners Association to the City of Glenwood Springs (to be executed one year after completion and acceptance) for the off-site sewer. F:\1999\Letters-Memos\COLODNY-4 Mile -Final Plat-ltr-3.wpd • • LEAVENWORTH & TESTER, P.C. Mark Bean, Director Page 3 December 27, 1999 C. Tab 5(C): A letter from Beverly Mikolon from Keller Williams, dated December 14, 1999, providing assurance that prospective purchasers shall receive and sign the updated disclosure form (attached as Exhibit C to the SIA) 4. Attached to this letter is a letter from Lee Leavenworth, Esq., dated December 27, 1999, outlining the three options for the off-site sewer and road construction. The Developer has chosen option number three due to right of way issues and Tab 8 includes a letter from Joe Hope, P.E., dated December 27, 1999, certifying the costs of the improvements that need to be completed, those improvements that have been completed, and costs remaining. In addition, since Four Mile is depositing cash with the County to pay for the remaining improvements, Tab 5D now includes a proposed Deposit Agreement. 5. Tab 12 was updated to include another extension agreement letter with the City of Glenwood Springs dated September 3, 1999. This letter agreement extends the requirement to obtain final plat approval to March 9, 2000, in accordance with Garfield County's approval of the Four Mile Ranch subdivision Preliminary Plan. 6. After meeting with County and City representatives on December 20, 1999, all parties agreed that the construction plans and off-site plans need to be revised to address right of way issues with the off-site sewer and road improvements. The County is working on the right of way issues, and High Country Engineering will submit the revised off-site plans as soon as they are completed. Enclosed at Tab 8 are the estimated remaining costs certified by High Country Engineering. Due to the problems with right-of-way, the Developer has three options for the off-site sewer and road construction (outlined in the December 27, 1999 letter from Lee Leavenworth attached to this letter). The Developer has submitted off-site costs under option number three which will include payment of the road impact fee of one hundred and seventeen thousand seven hundred and forty dollars ($117,740.00) [two thousand thirty dollars ($2,030) per dwelling unit x 58 units] at the time of final plat approval in accordance with the Garfield County Resolution No. 98-13 (see Tab 6). All parties- agreed that Four Mile's Final Plat should be submitted without the revised off-site plans to ensure compliance with the County's approval of Four Mile's Preliminary Plan which was extended to March 9, 2000. The following outline lists Mr. Bean's questions in his July 28, 1999, letter and our written responses. F:\1999\Letters-Memos\COLODNY-4 Mile -Final Plat-Itr-3.wpd LEAVENWORTH & TESTER, P.C. Mark Bean, Director • Page 4 December 27, 1999 1. The Subdivision Improvements Agreement needs to address the following issues: a. Paragraph 2.E should include all improvements required by the Preliminary Plan and PUD approval documents, including but not limited to those already set forth in this paragraph. The following language was added to Paragraph 2.E. addressing the improvements to be constructed by the Owner: "All recreational facilities, including the public trail and bike path and private trail, as designated on the Preliminary Plat, three sheets, prepared by High Country Engineering, Inc., Project No. 96098.01, dated September 23, 1999" (see attached copies of the revised SIA at Tab 5 of the Final Plat submittal and the redline SIA at Tab A of this letter). b. Paragraph 2 will have to provide that all improvements will be completed on a specific date, not more than one (1) year from the date of completion of the Agreement and the date will have to be included in the final agreement. The reference language that requires that all improvements will be completed within one year of completion of the SIA has been added to Paragraph 2 (see attached copies of the revised • SIA at Tab 5 of the Final Plat submittal and the redline SIA at Tab A of this letter). c. Paragraph 4 should clearly specify the document on which the dedication of easements and facilities for wastewater should occur. The plat submitted by the developer does not include a dedication of easement and utilities to the City of Glenwood Springs. Additionally, the packet of documents included with the final plat submittal have no indication that the City of Glenwood Springs has approved the design or construction of the wastewater and water infrastructure. Finally, the documents submitted did not contain either a Bill of Sale or copy of a Bill of Sale to the City conveying those improvements. The revised Final Plat contains a dedication of easement and utilities to the City of Glenwood Springs (see revised Final Plat at Tab 1). Attached please find a letter from the City of Glenwood Springs Engineer, Larry Thompson, dated December 10, 1999, plus High Country Engineering's written response dated December 15, 1999, regarding the design or construction of the wastewater and water infrastructure for the Four Mile•Ranch Subdivision (see Tab 5A of the Final Plat submittal). Finally, attached please find a copy of the proposed Bills of Sale to be executed with the Homeowners Association and the City of Glenwood Springs (see Tab 5B of the Final Plat submittal). The Bill of Sale is only for the off-site sewer facilities in accordance with the Pre - . Annexation Agreement with the City of Glenwood Springs, dated September 25, 1997 (see Tab 12 of the Final Plat submittal). Under Paragraph 8 of the Pre -Annexation Agreement, the on-site and off-site sewer plans shall be approved by the City, but only the off-site sewer will be F:\1999\Letters-Memos\COLODNY-4 Mile -Final Plat-Itr-3.wpd LEAVENWORTH & TESTER, P.C. Mark Bean, Director Page 5 December 27, 1999 dedicated to the City after the Homeowners Association owns and maintains it for one year. After one year, the off-site sewer shall be dedicated to the City with a one year warranty. Paragraph 8 also states that the on-site sewer shall be owned and maintained by the Homeowners Association until such time as it may be dedicated to the City, upon the City's request. Paragraph 9 provides that the City may request dedication of the water facilities upon annexation. Therefore, since the City has not requested the dedication of the on-site sewer or the water facilities, the Bills of Sale only convey the off-site sewer to the City at this time. d. ' Paragraph 5 must be modified to provide that the final plat will dedicate the roads and public rights -of -ways to the public or the County to be maintained by the Homeowners Association. After reviewing the text of the SIA, roads and public rights of way are discussed in Paragraph 6. Therefore, the following language was added to Paragraph 6 of the SIA: "All roads and public right-of-ways shall be dedicated to the County but maintained by the Four Mile Ranch Homeowners Association on the Final Plat" (see Tab 5 of the Final Plat submittal and the redline SIA attached as Tab a to this letter). In addition, Article I, Paragraph 3 of the Declaration of Protective Covenants states that "the roads and the Public Trail and Bike Path located within the Subdivision shall be dedicated to Garfield County but shall be maintained by the Association" (see Tab 2 of the Final Plat submittal). This language has also been added as a note to the Final Plat (see revised copy of the Final Plat at Tab 1). e. In regard to Paragraph 9. it is not sufficient that they inform various realtor's that the disclosures required by Paragraph 9 have occurred. This Paragraph requires that the disclosure take place, and that burden rests with the developer. A method of obtaining such assurance needs to be provided as part of the final plat documents. After reviewing the text of the SIA, Paragraph 10 addressed disclosure rather than Paragraph 9. Therefore, we assume that you are referring to Paragraph 10 and revised it to include language that requires the Owner's listing broker and closing agent to verify that a prospective purchaser received the Disclosure Form (exhibit. C of the SIA at Tab 5) and signed the acknowledgment line. Attached please find a letter from Beverly Mikolon at Keller Williams dated December 14, 1999, certifying that a copy of the disclosures and Right to Farm Policy will be provided to each prospective buyer (see Tab 5C). In addition, Exhibit C of the SIA, the Disclosure Form, now has an acknowledgment line which every prospective purchaser shall sign to acknowledge receipt of the disclosures and Right to Farm Policy documents (see Tab 5). Finally, the closing agent will verify that the prospective purchaser signed the acknowledgment line on the Disclosure Form at closing (see Tab 5C). F:\1999\Letters-Memos\COLODNY-4 Mile -Final Plat-Itr-3.wpd e • LEAVENWORTH & TESTER, P.C. Mark Bean, Director Page 6 December 27, 1999 7. In regard to the covenants: a. Paragraph IV.3 may allow construction of an accessory dwelling unit. I am not aware that the Board of Commissioners approved accessory dwelling units as part of this subdivision. If not approved, the outbuilding provision should limit use of those facilities to non-residential uses. All references to accessory dwelling structures in Paragraph IV.3 are prefaced with "non- residential" to limit use of the facilities (see attached copy of the revised Covenants at Tab 2). b. Paragraph VII.2.A. refers to contracts with the Basalt Water Conservancy District. I believe this should be the West Divide Water Conservancy District. The reference in the attached revised Covenants to Basalt Water Conservancy District now refers to the West Divide Water Conservancy District (see Tab 2). 8. At the time of final plat, all documents need to be fully executed including the covenants, the deed and agreement conveying water rights, and any deeds or conveyance of property to the Homeowners Association. Once the Final Plat submittal is approved by the Board of County Commissioners, the SIA, the Plat, the covenants, the deed and agreement conveying water rights, and any deeds or conveyance of property to the Homeowners Association shall be signed and recorded with the Final Plat and all applicable fees and the performance guarantee deposit shall be paid in full. We propose that the documents be signed and recorded in the following order: 1) the Final Plat; 2) the Declaration of Protective Covenants for Four Mile Ranch Subdivision; 3) the Subdivision Improvements Agreement; 4) the Pre -Annexation Agreement with the City of Glenwood Springs, 5) other agreements and deeds; and 6) the Bill of Sale to the Homeowners Association for the off-site sewer. This order is just a suggestion. If the County prefers a different order for the signing and recording of the documents, we are willing to follow your instructions. Finally, when all documents are signed. and ready to be recorded, we will deliver the Deposit Agreement and funds therefore and the school impact fees. 9. The certification of improvements complete and cost certification for the remaining improvements is wholly inadequate. Don Deford has already contacted Kelly Cave of your firm to inform her that a detailed breakdown of the improvements needs to be completed. A certification of those that have been completed, and certification of costs remaining, should be set forth on a detailed spreadsheet in order for the County to ascertain those improvements for which it may be responsible for through the Subdivision Improvements Agreement. Under the current documentation, the County has no idea concerning the various (:\1999\Lewers-Memos\COLODNY-4 Mile -Final Plat-ttr-3.wpd • LEAVENWORTH & TESTER, P.C. Mark Bean, Director Page 7 December 27, 1999 improvements that have not been completed, the status of construction on those improvements and the specific cost breakdown for each improvement. Additionally, the County is not bound to the current construction contract of the developer. It may elect to complete improvements by any means it chooses, including retaining an additional or separate contractor. Therefore, such certification of costs cannot be tied to a specific contract but rather must be based upon the engineers certified representations to the County. Please see the attached copy of the updated letter from Joe Hope dated December 27, 1999, certifying a detailed breakdown of the improvements that need to be completed, those improvements that have been completed, and costs remaining (see Tab 8). Prior to recording the Final Plat, Joe Hope may update the certified costs remaining to reduce the cash deposit required for the Four Mile Ranch Subdivision. 10. The documentation tendered to this office contains no form of security. The Plat for this subdivision cannot be recorded until an acceptable form of letter of credit has been tendered to this office and approved by the County Commissioners. The form of the anticipated security must be provided prior to establishing a date for consideration of a final plat by the BOCC, for review by staff. Four Mile has decided to provide the County with a cash deposit for the remaining improvements rather than a letter of credit. This issue was discussed with Don DeFord, and a draft Deposit Agreement was faxed to Mr. DeFord for his comments. No comments were received from Mr. DeFord as of this date, but we are more than willing to revise the proposed Deposit Agreement to meet all of the County's concerns. Therefore, please see the attached copy of the proposed Deposit Agreement (see Tab 5D). With this supplemental information and the revised construction and off-site plans, the Four Mile Ranch Subdivision Final Plat submittal should be complete. The Four Mile Ranch Development Company hereby requests that the County grant vested rights for a period of three (3) years and that the resolution approving the final plat include a paragraph specifically granting vested rights for the Four Mile Ranch subdivision pursuant to C.R.S. § 24-68-101 et seq. and the Garfield County Code. The Four Mile Ranch Development Company, Inc.'s vested rights will be established with the approval of this final plat as a site specific development plan for three years from date of approval in accordance with C.R.S. § 24- 68-101 et seq. Please contact our office if a hearing is required to further establish The Four Mile Ranch Development Company, Inc.'s vested rights. Also, if we are required (as opposed to the County) to publish any notice in connection with the final plat hearing or to grant vested rights, please advise us so we may comply. F:\1999\Letters-Memos\COLODNY-4 Mile -Final Plat-kr-3.wpd • o LEAVENWORTH & TESTER, P.C. Mark Bean, Director Page 8 December 27, 1999 Please call our office when a date is set for consideration by the BOCC. Please call me if you need any additional supplemental information or if you have any questions regarding this matter. LEL:bsl Enclosures cc: The Four Mile Ranch Development Company (Denver and Florida), w/enc. High Country Engineering, Inc., w/enc. Zancanella & Associates, w/enc. Very truly yours, LEAVENWORTH & TESTER, P.C. F:\1999\Letters-Memos\COLODNY-4 Mile -Final Plat-Itr-3.wpd LOYAL E. LEAVENWORTH CYNTHIA C. TESTER GREGORY J. HALL DAVID H. McCONAUGHY KELLY D. CAVE DAVID A. MEISINGER* TOM KINNEY SUSAN W. LAATSCH *Admitted in Wisconsin only LEAVENWORTH & TESTER, P.C. ATTORNEYS AT LAW December 27, 1999 Mark Bean, Director Garfield County Building & Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 1011 GRAND AVENUE P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-2261 FAX: (970) 945-7336 ltlaw@sopris. net RE: Off -Site Road and Sewer Construction Alternatives Dear Mark and the Garfield County Planning Department: As you may know, representatives from the County, the City and The Four Mile Ranch Development Company (the "Developer") met in April of 1999 and identified right-of-way issues with the reconstruction of County Road 117. After this discussion, the Developer submitted off- site road and sewer construction plans to the City Engineer for review in May of 1999. The City belatedly reviewed the plans and provided the Developer with a written response on December 10, 1999, approximately seven months after they were submitted. Furthermore, as of this date, the County has not made a decision to acquire the necessary right-of-way to build the off-site road and sewer improvements in accordance with the off-site plans dated May 13, 1999, from High Country Engineering, Inc. Due to the time delays and right-of-way issues, the Developer is facing an expensive hold- up on its final plat approval process and building schedule. Therefore, the County has agreed to allow the Developer to submit its final plat prior to finalization of the decision regarding the road plans and determination of the costs for the off-site sewer and road construction. Three options are available to the Developer, which are outlined below. At the January 10, 1999, Board of County Commissioners meeting, the County, the City and the Developer need to discuss the following three options, and the Board needs to determine which one is the most viable option. The three options are: 1. Proceed with Off -Site in Accordance with Preliminary Plan. The Four Mile Ranch Preliminary Plan Submittal dated April 25, 1997, provided that the "the developer has agreed to improve CR 117 from just south of the Midland Avenue intersection to the main entrance into the project to the current county standards to the extent that the existing R/W will allow in lieu of paying county roadway impact fees." (Emphasis added). The proposed improvements included F:\1999\Letters-Memos\COLODNY-4 Mile -Final Plat -Off -Site Costs-ltr-l.wpd LEAVENWORTH & TESTER, P.C. Mark Bean, Director Page 2 December 27, 1999 two 12 foot driving lanes, two 6 foot shoulders with barrow ditches on both sides to accommodate drainage. At the present date, existing right of way would not allow for this magnitude of construction on County Road 117 for its entire length. These plans call for substantial grade modification, requiring large cut and fill areas to eliminate the need for retaining walls. Therefore, to proceed with this option, the County would need to acquire additional right-of-way. The County was previously provided the off-site sewer and road improvement plans on June 24, 1999. 2. Construct the Road Within the Existing Right -of -Way. As the Developer's Preliminary Plan provides, the Developer agreed to improve County Road 117 "from just south of the Midland Avenue intersection to the main entrance into the project to the current county standards to the extent that the existing R/W will allow in lieu of paying county roadway impact fees." Since the County has not obtained additional right-of-way, under this option, the Developer would construct the off-site sewer and road improvements in accordance with a road profile of two eleven foot paved travel lanes, two six foot shoulders and barrow ditches on each side, but only within the existing right-of-way and at the existing grade. Therefore, the constructed road would vary in width along County Road 117 due to insufficient right-of-way. 3. Pay the Road Impact Fee and Repair/Chip and Seal the Road. Under this option, the Developer would install the sewer in the County Road 117, but it would pay the road impact fee of one hundred and Seventeen thousand seven hundred and forty dollars ($117,740.00) [two thousand thirty dollars ($2,030) per dwelling unit x 58 units] at the time of final plat approval instead of constructing the road to current county standards. The Developer would repair/chip and seal the road in the location of the installed sewer line at its current grade upon completion of the sewer line. Under this option, the County can utilize the $117,740.00 road impact fee to work on the intersection at Airport Road. For example, the intersection could be heated to minimize ice buildup. Thus, instead of changing the grade of County Road 117 to reduce safety concerns, the heated intersection would reduce the potential hazard of the road. This is the option that was submitted in the Four Mile Ranch Subdivision's Final Plat submittal as part of its remaining off-site costs calculation. The Developer is willing to discuss all three of these options with the Board of County Commissioners at the next available Board meeting and will comply with the Board's decision on the.most viable option. Don DeFord indicated we could commence the final plat review process pending resolution of this issue. F:\1999\Letters-Memos\COLODNY-4 Mile -Final Plat -Off -Site Costs-Itr-1.wpd LEAVENWORTH & TESTER, P.C. Mark Bean, Director Page 3 December 27, 1999 Please call me if you need any additional supplemental information or if you have any questions regarding this matter. LEL:bsl Enclosures cc: The Four Mile Ranch Development Company (Denver and Florida), w/enc. High Country Engineering, Inc., w/enc. Zancanella & Associates, w/enc. Very truly yours, LEAVENWORTH & TESTER, P.C. eave worth F:119991Letters-Memos \COLODNY-4 Mile -Final Plat -Off -Site Costs-Itr-l.wpd • • SUBDIVISION IMPROVEMENTS AGREEMENT FOUR MILE RANCH SUBDIVISION THIS AGREEMENT is made and entered into this day of , 1999, by and between THE FOUR MILE RANCH DEVELOPMENT COMPANY, a Colorado corporation (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 Four Mile Ranch Subdivision, more particularly described on Exhibit A attached hereto and incorporated herein by reference, including all tenements and hereditaments thereto; and WHEREAS, approval for the preliminary plan for the Four Mile Ranch Subdivision was obtained under the terms and conditions set forth in County Resolution No. 98-13; and WHEREAS, Owner submitted to the County for its approval the Final Plat for the Four Mile Ranch Subdivision (hereinafter "Final Plat"), recorded simultaneously herewith on , 1999 as Reception No. in the Garfield County Clerk and Recorder's office; and WHEREAS, as a condition of approval of the Final Plat 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 agreed to enter into a Deposit Agreement with the County to secure and guarantee the performance of this Agreement by Owner, 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. Final Plat Approval. The County hereby accepts and approves the Final Plat, subject to the terms and conditions of this Agreement, as well as the terms and conditions of the Preliminary Plan approval, and the requirements of the Garfield County Zoning and subdivision Regulations. P:11999\Agreem ems\COLODNY-Pour Mile SIA.v pd December 15. 1999 -1- • • • 2. Owner's Performance. Owner has constructed and installed or shall cause to be constructed and installed, at its own expense, those improvements required through Resolution No. 98-13, this Agreement, the Final Plat, and all Garfield County Zoning and Subdivision Regulations. Those improvements shall be completed on or before one (1) year from the date of this Agreement. Additionally, the Owner shall comply with the following: A. All plat documents submitted prior to or at the time of the final plat approval, including as -built drawings of all improvements completed prior to execution of this Agreement, which plat documents are incorporated herein by referenced, and made a part of this Agreement; B. All requirements of Resolution No. 98-13, including all requirements of the Garfield County Zoning Code and Garfield County Subdivision Regulations; 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. Construction Drawings submitted at Preliminary Plan, twenty-two sheets, prepared by High Country Engineering, Inc., Project No. 96098.01, dated October 21, 1998. 2. Four Mile Ranch Subdivision Off -Site Improvements, 9 sheets, prepared by High Country Engineering, Inc., Project No. 96098.04, dated May 13, 1999. . 3. All recreational facilities, including the public trail and bike path and private trail, as designated on the Preliminary Plat, 3 sheets, prepared by High Country Engineering, Inc., Project No. 96098.01, dated September 23, 1997. The County agrees that if all improvements are installed in accordance with this Agreement, final plat documents, and 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 Agreement, and the F:\1999\Acreemems\COLODNY-Four Mile SIA.wpd December 15. 1999 -2- • requirements of the Preliminary Plan, then the Owner shall be deemed to have satisfied all terms and conditions of the Zoning and Subdivision Regulations of Garfield County, Colorado. 4. Security for Improvements. On or before the date of the recording of the Final Plat with the Garfield County Clerk and Recorder, the Owner and the County shall enter into a Deposit Agreement, a copy of which is attached hereto as Exhibit E and incorporated herein by this reference, which shall secure the improvements for the subdivision to the extent that such improvements have not been certified as complete and in compliance with existing regulations. The extent of the improvements certified as complete are set forth in Exhibit B, attached hereto. The extent of the uninstalled or uncompleted improvements, the cost of which is certified by a licensed engineer, Joe Hope, is set forth in Exhibit B, attached hereto. The Deposit Agreement will govern all security for improvements related to the Subdivision, and such Deposit Agreement shall operate in lieu of a letter of credit. 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 requirements of this Agreement, including all Final Plat plans, and shall be stamped upon as -built drawings by said professional engineer where applicable. The cost of the landscaping improvements has been set forth in Exhibit B, attached hereto, and specifies an amount sufficient to provide for full revegetation of the landscaping required by the Preliminary Plan. The Deposit Agreement set forth above must provide security for all costs of landscaping. The certificate of completion for landscaping improvements shall set forth the costs of revegetation, and such amount shall be retained as security for a period not to exceed one (1) year after such completion. At the conclusion of that one (1) year period, the amount of security retained for landscaping shall be released by the County upon receipt and acceptance of a certified letter from a landscape professional that such landscaping is complete and is no longer in need of revegetation. After certification of completion of improvements by the Owner, if the County determines that the improvements are not constructed in compliance with relevant specifications, it shall furnish a letter of potential deficiencies to the Owner within fifteen (15) days. If the letter is not furnished within fifteen (15) days, all improvements certified shall be deemed accepted, and the County shall release the appropriate amount of security as such relates to the completed and certified improvements. If a letter of potential deficiencies is furnished by the 1- 1999\A,_reements\COLODNY-Pour Mile SIA.wpd December 15. 1999 -3- • • • County, the County shall have thirty (30) days 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 Deposit Agreement. The County may, at its sole option, permit the Owner to substitute collateral other than the Deposit Agreement acceptable to the County for the purpose of securing the completion of the improvements as hereinabove provided. No final plat shall be recorded pursuant to this Agreement, until Deposit Agreement in a form acceptable to the County, and in an amount acceptable to the County, has been received and approved by the County. 5. Waste Water System. All easements and facility sites shall be indicated as dedicated to the City of Glenwood Springs on the Final Plat or Pre -Annexation Agreement. The language of dedication shall further indicate that dedication will be completed through conveyance of the easements and the real property constituting the site of the treatment plant by general warranty deed in a form acceptable to the County. In addition to certification by Owner's engineer that the public utilities are completed, Owner will show evidence of approval of the sewer lines by the City of Glenwood Springs and conveyance by Bill of Sale or other acceptable form for the off-site improvements. 6. Roads. All roads and public right-of-ways shall be dedicated to the County but maintained by the Four Mile Ranch Homeowners Association on the Final Plat. The homeowners association 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. 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. However, 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 to notify and provide such written F:11999\A^recmcnts\COLODNY-Four Mile SIA.wpd December 15. 1999 -4- • • • option to the Owner shall extinguish the County's rights under this paragraph. Nothing hereinstated 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. 8. School Impact Fees. The parties recognize and agree that the approval of the Final Plat constitutes approval of 58 single family lots for a total of 58 dwelling units. The parties agree that school impact fees shall be determined to be $200.00 per dwelling unit. The Owner specifically agrees that it will be obligated to pay the same, herein accepts that obligation, and waives any claim that it is not so obligated or required to pay school impact fees. The Owner agrees the subsequent to recording of the Final Plat, the Owner will not claim, nor is the Owner entitled to, a reimbursement of the school impact fees paid in conjunction with this Subdivision Improvements Agreement. 9. Sale of Lots. No lots within the proposed subdivision that is the subject of this Agreement shall be conveyed prior to recording of the final plat. 10. Issuance of Building Permits. As one remedy for breach of this Agreement, the County may withhold issuance of building permits for any structure within the subdivision, pending full compliance with the terms set forth herein. The parties also 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 subdivision improvements, until the water distribution systems have been completed and are operational, as required by this Agreement. Finally, the Owner herein agrees that prior to the conveyance of any lot within this subdivision, Owner's listing broker shall will verify that each prospective purchaser of a lot signed a copy of Exhibit C attached hereto, notifying the owner of the foregoing restrictions upon issuance of building permits and certificates of occupancy and of the County's Right to Farm Policy. In addition, Owner's closing agent shall verify that the prospective purchaser has signed Exhibit C's acknowledgment line on the disclosure form at closing. 11. 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 the subdivision shall have the authority to bring an action in the District Court of Garfield County, Colorado, to compel enforcement of this Agreement. F:\ 1999\ Agreements\COLODNY-Four Mile SIA.w•pd December 15. 1999 -5- • • • 12. Consent to Vacate Plat. In the event the Owner fails to comply with the terms of this Agreement, including the terms of the Preliminary Plan, the County shall have the ability to vacate the final plat as it pertains 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. 13. Binding Effect. This Agreement shall be a covenant running with the title to each lot within the Final Plat, and the rights and obligations as contained herein shall be binding upon and inure to the benefit of the Owner, its successors and assigns. 14. Recording. Upon execution and authorization by the County, the Owner shall record this Agreement with the Office of the Clerk and Recorder for Garfield County, Colorado. 15. 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. 16. 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. 17. 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 The Four Mile Ranch Development Company 1205 South Platte River Drive, Suite GL -100 Denver, CO 80223 :w99,Agrccmems\COLODNY-Four Mile SIA.wpd I) cember 15. 1999 -6- • With a copy to: Loyal E. Leavenworth, Esq. Leavenworth & Tester, P.C. 1011 Grand Avenue P.O. Drawer 2030 Glenwood Springs, CO 81601 Entered into the day and year first above written. THE FOUR MILE RANCH DEVELOPMENT COMPANY, a Colorado corporation ATTEST: By: BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO ATTEST: By: Chairman Clerk to the Board STATE OF COLORADO ) ) ss. COUNTY OF Acknowledged, subscribed, and sworn to before me this day of 1999, by , as on behalf of The Four Mile Ranch Development Company. WITNESS my hand and official seal. My Commission expires: P:\19991Agreemems\COLODNY-Pour Mile S1A.wpd December 15. 1999 -7- Notary Public . STATE OF COLORADO ) COUNTY OF ) • • ss. Acknowledged, subscribed, and sworn to before me this day of 1999, by , as Chairman of the Garfield County Board of County Commissioners. WITNESS my hand and official seal. My Commission expires: P:\1999\ACrcements\COLODNY-Four Mile SI A.wpd December 15. 1999 -8- Notary Public • LOYAL E. LEAVENWORTH CYNTHIA C. TESTER GREGORY J. HALL DAVID H. McCONAUGHY KELLY D. CAVE DAVID A. MEISINGER* TOM KINNEY SUSAN W. LAATSCH 'Admitted in Wisconsin only LEAVENWORTH & TESTER, P.C. ATTORNEYS AT LAW June 24, 1999 Mark Bean, Director Garfield County Building & Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 1011 GRAND AVENUE P. O. DRAWER 2030 GLENWOOD SPRINGS. COLORADO 81602 TELEPHONE: (970) 945-2261 FAX: (970i 945-7336 Itlaw@sopris.net RE: Four Mile Ranch Subdivision/Final Plat Submission Dear Mark and the Garfield County Planning Department: Attached for your review and consideration are five copies of The Four Mile Ranch Development Company's (hereinafter referred to as "Four Mile") Final Plat application for the •proposed Four Mile Ranch Subdivision and a check for $200.00 for payment of the final plat submission fee. These documents satisfy the conditions required in Garfield County Resolution 98-13 and Garfield County Subdivision Regulations § 5.00. The specific materials submitted include the following: 1. Four Mile Ranch Subdivision's Final Plat (see attached copy of the Plat at Tab 1). 2. Four Mile Ranch Subdivision's Off -Site Improvement Plans. Due to the size of the Plans, they are submitted independently for your review. 3. Engineering plans, descriptions and cost estimates for streets, drainage facilities, water and sewage disposal systems, bridges and other improvements have been marked "For Construction". Due to the size of the Plans, they are submitted independently for your review. 4. Four Mile Ranch Homeowner Association's Proposed Covenants (see attached copy of the Covenants at Tab 2). 5. Four Mile Ranch Homeowner Association's Articles of Incorporation and Certificate of Incorporation (see attached copy of the Articles and Certificate at Tab 3). F:11999\Letters-Memos\COLODNY-4 Mile -Final Plat-Itr-l.wpd LEAVENWORTH & TESTER, P.C. Mark Bean, Director � e 2 We 25, 1999 6. Agreement with Four Mile Ranch Homeowner Association and Quitclaim Deed (see attached copy of the Agreement and Deed at Tab 4). 7. Four Mile Ranch Subdivision's Subdivision Improvements Agreement (see attached copy of the SIA at Tab 5). 8. Resolution No. 98-13 was passed on November 9, 1998, by the Garfield County Board of County Commissioners in which approval was granted for Four Mile's Preliminary Plan for the Four Mile Ranch Subdivision. On January 18, 1999, the Garfield County Board of County Commissioners approved an extension of the Four Mile Ranch Subdivision Preliminary Plan approval to March 9, 2000. (See attached copy of the Resolution and Extension letter at Tab 6). 9. Four Mile's Well Permits. State Engineer's letters dated March 10, 1997, and November 14, 1997. Letter from Loyal E. Leavenworth dated June 24, 1999, addressing Four Mile's water rights. (See attached copies of the well permits, the State Engineer's letter, and Loyal Leavenworth's letter at Tab 7). 10. A summary table of remaining public improvement costs, a cost estimate for the Bershenyi's cattle fence, a letter from Joe Hope at High Country Engineering, regarding the cost estimate for remaining public improvements, both off-site and on-site. A letter addressing landscaping costs. Four Mile will obtain a letter of credit or performance guarantee for the listed public improvements that have not been completed as of the date of the Final Plat recordation. (See attached copies of the table and the letters at Tab 8). 11. Copy of Garfield County's "Right to Farm" policy (see attached copy of the policy at Tab 9) . 12. Certification of County Treasurer's Office that all applicable ad valorem taxes have been paid for years prior to that in which the subdivision approval is granted (see attached copy of the Certificate at Tab 10). 13. Letter from Deric J. Walter, Design Engineer at High Country Engineering, dated June 7, 1999, evidencing that all services, including water, sewage disposal and roads comply with the state and local laws and regulations and shall be available to each subdivision lot to the extent necessary for use of such lots in the manner permitted by zoning and covenants affecting the lots (see Tab 11). •Letters-Memos\COLODNY_4F:Mile-Final Plat-Itr-1.wpd LEAVENWORTH & TESTER, P.C. Mark Bean, Director Page 3 June 24, 1999 14. The City of Glenwood Springs and Four Mile entered into a Pre -Annexation Agreement dated September 25, 1997, for the Four Mile Ranch's sewer service. The City agreed on January 21, 1999, to an extension of the Final Plat approval deadline (extended to approximately September 25, 1999). Four Mile paid the City of Glenwood Springs two hundred and fifty thousand dollars ($250,000) for sewer improvements. (See attached copies of the Agreement, the extension letter dated January 22, 1999, and the payment letter dated April 1, 1999, at Tab 12). These materials will document how Four Mile has complied with the conditions set forth in Resolution 98-13 and the Garfield County Subdivision Regulations § 5.00 and that the final plat should be approved. The following paragraph headings list the conditions for approval as stated in Resolution No. 98-13 (see copy of the Resolution at Tab 6). Please note that the conditions and the responses to the conditions are set forth in the same numbering sequence and order as Resolution 98-13 for clarity purposes. The paragraphs following the conditions document how Four Mile complied with each condition for approval. Resolution 98-13's conditions are as follows: 2. The common open space easement shall be transferred from the developer to the Homeowner's Association at the time of filing a final plat. The proposed public trail will be owned and maintained by the homeowners association until such time that a public entity willing and capable of taking ownership is established. Four Mile proposes to convey the common open space easement from the developer to the Homeowner's Association by dedication language on the Final Plat (see Tab 1) and by Quitclaim Deed (see Tab 4) which shall be recorded concurrently with the Final Plat. The attached proposed Agreement (see Tab 4) which provides that the Association must hold the common open space easement pursuant to the Covenants (see Tab 2) shall be signed and recorded at closing. 3. That the road name change suggested by Glenwood Springs Emergency Services Department be incorporated in any final plat submittal. The road name change is reflected on the Final Plat as requested (see Tab 1). 4. At the time of each Final Plat approval the applicant's engineer submit plans for the upgrading of CR 117 to the intersection with Midland Avenue. The plans will be approved by the Board prior to the recording of the plat and built to those specifications, which will also include the provisions of condition No. 13 of this F:1I999\Leners-Memos\COLODNY-4 Mile -Final Plat-ltr-I.wpd LEAVENWORTH & TESTER, P.C. Mark Bean, Director Page 4 June 24, 1999 resolution. The applicant shall be responsible for the construction of the road improvements consistent with the approved design and to guarantee construction of the improvements at final plat. An impact fee shall be calculated at $2030/dwelling unit, pursuant the road impact fee formula adopted by the County. If the calculated fee is more than the actual cost of construction approved by the Board, the applicant shall pay the difference to the County. If the calculated fee is less than the actual cost of construction approved by the Board, the applicant shall owe the County nothing. Four Mile has submitted plans for the upgrading of CR 117 to the intersection with Midland Avenue for the Board's review and approval. The plans include a left hand turning lane in accordance with condition No. 13. Four Mile will obtain a letter of credit for the estimated cost of finishing the remaining public improvements (see Tab 8). The letter of credit will guarantee the construction of the off-site road improvements. The calculated fee is one hundred seventeen thousand seven hundred and forty dollars ($117,740) ($2030 x 58 dwelling units = $117,740). The actual cost of construction is well in excess of this number (see High Country estimate Tab 8). Therefore, the impact fee is inapplicable. 5. That lots contiguous with Bershenyi ranch have building envelopes at least 200 feet from the common property line and that a cattle fence with woven wire along the bottom of the fence is built along the entire section of the project, not to exceed eight (8) feet in height. The Final Plat reflects that lots contiguous with the Bershenyi ranch have a building envelope at least 200 feet from the common property line (see Tab 1). Four Mile expects that the cattle fence will be completed before the Final Plat is recorded. However, if the cattle fence is not completed before recordation of the Final Plat, the cost for completing the fence in accordance with this approval condition will be included in the cost estimate for the remaining public improvements (see Tab 8), and the performance guarantee will guarantee the completion of the cattle fence. 6. Include the following plat notes on any final plat:... (see Tab 7 for Resolution 98-13's required plat notes). All of the plat notes listed in Resolution 98-13 have been included on the Final Plat as requested (see Tab 1). F:\1999\Letters-Memos\COLODNY-4 Mile -Final Plat-kr-l.wpd LEAVENWORTH & TESTER, P.C. Mark Bean, Director Jet5 24, 1999 7. In connection with the Final plat, the applicant shall set forth the proposed method for transferring legal ownership and control of the water distribution facilities water and water rights, sufficient in quantity to service the Four Mile Homeowner's Association. Four Mile proposes to convey the legal ownership and control of the potable and raw water facilities, wells and water rights for the potable and raw water facilities from the developer to the Homeowner's Association by Quitclaim Deed and Agreement (see Tab 4) which shall be recorded concurrently with the Final Plat. The sufficiency of the water rights was determined adequate at Preliminary Plan (see Tab 7). This Final Plat submission does not alter or change any conditions that would affect the water rights required to sufficiently service the Four Mile Homeowner's Association. Therefore, this approval condition is satisfied. 8. At the time of Final plat, the applicant shall be required to pay the applicable school site acquisition fee that has been agreed to by the Board of Count Commissioners. The applicant shall pay a $200.00 per lot site or $11,600.00 ($200.00 x 58 lots = $11,600.00) acquisition fee concurrent with the recordation of the Four Mile Ranch Subdivision's Final Plat. 9. All property owners will be given a copy of the County Subdivision "Right to Farm" policy included in the County Subdivision regulations. Any and all Realtors involved in the Four Mile Ranch Subdivision project will be provided a copy of the "Right to Farm" policy, and these Realtors will be required to provide prospective lot purchasers a copy of the policy. Four Mile has attached a copy of the policy at Tab 9. 10. The applicant shall protect the ditches on the adjoining property from damage and provide a mechanism to guarantee that the subdivision will participate in the maintenance of the ditch. Article VII, Paragraph (1)(B) of the proposed Covenants (see Tab 2, p. 16) protects ditches on the adjoining property and guarantees that the subdivision will participate in the maintenance of the ditch as requested. F:11999 \Letters-Memos\COLODNY-4 Mile -Final Plat-In-1.wpd LEAVENWORTH & TESTER, P.C. Mark Bean, Director Page 6 June 24, 1999 11. The language in the covenants that states "where ever practical" in relation to wildfire protection, will be removed. The subject clause has been removed from the Covenants as requested (see Tab 2, Article V, Paragraph (6)(E), p. 9-10 12. All construction activity will have dust mitigation as a part of the construction plans and activities. All construction activity to date has complied with this approval condition and all future construction activity will comply accordingly. 13. The Final Plat plans shall include a left hand turning lane for the southbound lane at the entrance to the subdivision and the improvements to County Road 117 shall include grade reduction as a part of the design. A left hand turning lane and grade reduction have been included in the off-site road improvement plans as requested. 14. This Preliminary Plan approval shall be valid for twelve (12) months, unless a twelve (12) month extension is approved by the Board, in accordance with the provisions of Section 4:34 of the Garfield County Subdivision Regulations, as amended. On January 18, 1999, the Board approved a twelve month extension of the Four Mile Ranch Subdivision's Preliminary Plan approval to March 9, 2000 (see Tab 6). In addition, all required certifications and additional information have been included on the Final Plat in accordance with the Garfield County Subdivision Regulations § 5.24, and as required by Colorado Revised Statute, Section 38-51-102 for your review (see Tab 1). Furthermore, Four Mile has complied with Garfield County Subdivision Regulations § 5.31. Garfield County Subdivision Regulations § 5.31 requires the following documenation: 1. En°ineerin; plans, descriptions and cost estimates for streets, drainage facilities, water and sewage disposal systems, bridges and other improvements marked "For Construction." F:119991Letters-Memos\COLODNY-4 Mile -Final Plat-Itr-1.wpd LEAVENWORTH & TESTER, P.C. Mark Bean, Director • Page 7 June 25, 1999 Engineering plans, descriptions and cost estimates for streets, drainage facilities, water and sewage disposal systems, bridges and other improvements have been marked "For Construction" as required. 2. Subdivision Improvements Agreement and Consent to Vacate the Final Plat executed between the subdivider and the County. Four Mile has submitted a proposed Subdivision Improvements Agreement ("SIA") (see Tab 5) and consent to vacate final plat as required (see Paragraph 11 of the SIA). This SIA will be executed and recorded concurrently with the Final Plat. 3. Certification of the County Treasurer's Office that all applicable ad valorem taxes have been paid for years prior to that in which subdivision approval is granted. The Four Mile Ranch Subdivision is subject to four Schedules. Attached is a certificate that all taxes have been paid for years prior to that in which the subdivision approval is granted (see Tab 10). 4. A copy of the proposed subdivision covenants. A copy of the proposed subdivision covenants is attached at Tab 2. 5. Evidence that all services, including water, sewage disposal and roads, comply with the state and local laws and regulations and shall be available to each subdivision lot to the extent necessary for use of such lots in the manner permitted by zoning and covenants affecting the lots. Deric Walter of High Country Engineering has submitted a letter evidencing that all services comply with state and local laws and regulations and shall be available to each subdivision lot to the extent necessary for use of such lots (see Tab 11). 6. Written evidence of an adequate legal supply of water shall be provided in a form consistent with the requirements of the resolution approving the Preliminary Plan the report of the State Engineer submitted for consideration at Preliminary Plan review, and the requirements of this section. If the State Engineer has submitted a report in compliance with Section 30-28-136, C.R.S., as amended, fails to recommend a specific method of rectifying the injury or inadequacy, or if the F:\I999\Letters-Memos\COLODNY-4 Mile -Final Plat-kr-l.wpd LEAVENWORTH & TESTER, P.C. Mark Bean, Director Page 8 June 24, 1999 Board of County Commissioners has approved preliminary- plan without s ecificall ado tin the State En ineer' reco endation the Board f oun Commissioners may consider one or more of the following: A). A final decree entered in a court of competent jurisdiction, providing for a legal water supply for the uses intended: or B). 1). A well permit. 2). A diversion of water. The foregoing must be supported by any necessary perpetual commitment or long-term contract for water from a governmental water supply agency allowing diversion for the use intended at the well or diversion point: or C). Evidence complying with a written opinion and recommendation of the State Engineer. Attached is a letter from the State Engineer which provides the State Engineer's opinion and recommendation, and an opinion letter from Loyal E. Leavenworth (see Tab 7). In conclusion, Four Mile has submitted a complete Final Plat submission packet which complies with all applicable conditions and requirements for approval. Please call me if you need any supplemental information or if you have any questions regarding this matter. Very truly yours, LEAVENWORTH & TESTER, P.C. oyal E. Leavenworth LEL:bsl Enclosures cc: The Four Mile Ranch Development Company, w/enc. High Country Engineering, Inc., w/enc. Zancanella & Associates, w/enc. F:\1999\Letters-Memos\COLODNY-4 Mile -Final Plat-Itr-l.wpd FOLK MILE RANCH SUBDIVISION FINAL PLAT INDEX 1. Four Mile Ranch Subdivision's Final Plat. 2. Four Mile Ranch Homeowner Association's Proposed Covenants. 3. Four Mile Ranch Homeowner Association's Articles of Incorporation and Certificate of Incorporation. 4. Agreement with Four Mile Ranch Homeowner Association and Quitclaim Deed. 5. Four Mile Ranch Subdivision's Subdivision Improvements Agreement. 5A. Letter from Larry Thompson dated December 10, 1999, regarding the wastewater and water infrastructure for the Four Mile Ranch Subdivision and High Country Engineering's response dated December 15, 1999. 5B. Proposed Bills of Sale to the Homeowners Association (for one year) and to the City of Glenwood Springs for the off-site wastewater infrastructure. 5C. A letter from Beverly Mikolon from Keller Williams dated December 14, 1999, regarding disclosure to prospective purchasers. 5D. A proposed Deposit Agreement. 6. Resolution No. 98-13 and Extension Letter. 7. Four Mile's Well Permits, State Engineer's letters, and a letter from Loyal E. Leavenworth dated June 24, 1999. 8. Estimates of remaining public improvements and landscaping. 9. Copy of Garfield County's "Right to Farm" policy. 10. Certification of County Treasurer's Office re: ad valorem taxes. F:1999\DocumentslCOLODNY-4M ilc• lnde.c. wpd 11. Letter from Deric J. Walter, Design Engineer at High Country Engineering, dated June 7, 1999. 12. Pre -Annexation Agreement and extension letters. 13. Four Mile Ranch Subdivision's Off -Site Improvement Plans. Due to the size of the Plans, they are submitted independently for your review. 14. Construction Plans marked "For Construction." Due to the size of the Plans, they are submitted independently for your review. F:\1999\Documents\COLODNY-4Mile-Inde .wpd DECLARATION OF PROTECTIVE COVENANTS FOR FOUR MILE RANCH SUBDIVISION THIS DECLARATION OF PROTECTIVE COVENANTS FOR FOUR MILE RANCH SUBDIVISION is made and entered into this day of , 1999. ARTICLE I GENERAL PURPOSE OF COVENANTS, SUBMISSION, DEFINED TERMS, DESCRIPTION 1. Purpose. These Covenants shall govern and be applicable to that certain real property situated primarily within Garfield County, Colorado, known as the Four Mile Ranch Subdivision (hereinafter "Subdivision" or "Four Mile Ranch"), as defined and described in the Final Plat (hereinafter "Final Plat") therefor recorded as Reception No. in the office of the Clerk and Recorder of Garfield County, Colorado, which Final Plat is incorporated herein by reference. It is the intention of M -R Colorado Investors, Inc. a Colorado corporation, and One And A Quarter Mile Ranch, Inc., a Colorado corporation (hereinafter "Declarant"), expressed by its execution of this instrument, that the lands within Four Mile Ranch be developed and maintained as a highly desirable scenic residential area. It is the purpose of these Covenants to preserve the present natural beauty and character of the property along with the views and setting of the Subdivision to the greatest extent reasonably possible, and the lots therein shall always be protected as much as possible with respect to uses, structures, landscaping, and general development as permitted by this instrument. 2. Property Submission. Declarant hereby submits the Four Mile Ranch Subdivision as now shown on the Final Plat together with all easements, rights-of-way, and appurtenances thereto and any buildings, fixtures, and improvements thereon (hereinafter "Property") to the provisions of the Colorado Common Interest Ownership Act, which is set forth at C.R.S. §38- 33.3-101 e_t seq. (hereinafter "Act") and to this Declaration. In the event the Act is repealed, the provision of the Act on the effective date of this Declaration shall remain applicable hereto. Declarant further declares that the Property shall be held, leased, mortgaged, sold, and conveyed subject to the following terms, easements, reservations, restrictions, covenants, and conditions. Declarant further declares that this Declaration shall run with the land and shall be binding upon all parties having any right, title, or interest in the Property or any part thereof, their heirs, devisees, legal representatives, successors, and assigns and shall inure to the benefit of each and every Owner. 3. Pre -Annexation Agreement. On September 25, 1997, Declarant entered into a Pre -Annexation Agreement with the City of Glenwood Springs, which agreement is recorded as Reception No. in the Office of the Clerk and Recorder of Garfield County, Colorado (hereinafter "Pre -Annexation Agreement") which Pre -Annexation Agreement is incorporated herein by reference. The Pre -Annexation Agreement relates to the possible annexation of the Subdivision to the City of Glenwood Springs and sets forth the terms and conditions thereof. The Declarant, the Four Mile Ranch Homeowners Association and all persons or entities who F:\1999\Documents\COLODNY-4Mile-Protect Covcnuntr.wpd August 24. 1999 own or acquire title in fee to any of the fifty-eight (58) single family lots in the Subdivision hereby acknowledge the provisions thereof and agree that in the event the Subdivision is annexed to the City of Glenwood Springs, each lot within the Subdivision shall be benefitted and burdened by the provisions of the Pre -Annexation Agreement. 4. Defined Terms. Each capitalized term not otherwise defined in this Declaration shall have the meaning specified or used in the Act. 5. Name of Common Interest Community . The name of the Common Interest Community is "Four Mile Ranch." 6. Type of Common Interest Community. The type of Common Interest Community is a planned community. 7. Association Name. The name of the Association is the "Four Mile Ranch Homeowners Association," a Colorado nonprofit corporation (hereinafter "Association"). 8. Property Location. The Property constituting the Common Interest Community is located within the County of Garfield, State of Colorado. 9. Property Description. The Property shall consist of fifty-eight (58) single-family lots (hereinafter "Lot" or "Lots") which are more particularly described on the Final Plat of the Four Mile Ranch Subdivision. ARTICLE II OWNERS - HOMEOWNERS ASSOCIATION 1. Membership. All persons or other entities, including Declarant (hereinafter referred to as "Owners"), who own or acquire the title in fee to any of the Lots in Four Mile Ranch by whatever means acquired shall automatically become members of Four Mile Ranch Homeowners Association, a Colorado non-profit corporation, in accordance with the Articles of Incorporation of Four Mile Ranch Homeowners Association, as may be duly amended from time to time and which Articles and any amendments thereto shall be filed with the Colorado Secretary of State and recorded in the real estate records of the Garfield County, Colorado, Clerk and Recorder. The Articles of Incorporation shall be tiled no later than the date of conveyance of the first Lot in Four Mile Ranch. 2. Purpose. The Association, through its Executive Board, shall be authorized and empowered to take each and every step necessary or convenient for the implementation and enforcement of the Covenants contained in this Declaration. The Association shall have the right and responsibility to maintain, preserve, repair, insure, and otherwise protect and promote the interests of the Owners with respect to all common properties and interests of the Owners and the Association. The Association shall be governed by its Articles of Incorporation and Bylaws as may be amended from time to time. F:11999\ Documents \COLODN Y•4Mile• Protcet Covenunts. wpd August 24. 1999 • • IP 3. Common Elements. The Association shall own, operate, and maintain all common elements within the Subdivision. These common elements shall include, among other things, the potable water system, the raw water irrigation system, the portion of the internal trail system not dedicated to Garfield County as shown on the Final Plat, the sewage lines located within the Subdivision until such time as the City of Glenwood Springs requests said lines be dedicated to it, the fitness equipment and landscape nodes located at stations along the internal trail system, any sidewalks within the Subdivision, and any landscaping undertaken by Declarant or the Association in accordance with Article VI, Paragraph 5 hereof. The roads and the public trail (located along the western property boundary) located within the Subdivision shall be dedicated to Garfield County but shall be maintained by the Association. Road "E," the emergency access easement as shown on the Final Plat, shall be maintained year round. 4. Limited Common Elements. The portion of each Lot which is burdened by the Open Space Easement, as described in Article III, paragraph 4, below, and as shown on the Final Plat for the Subdivision, shall be deemed a Limited Common Element as it is privately owned but reserved for the benefit of each Owner for the limited purposes of perpetuating open space and the rural character of the Subdivision and to access any and all Recreational Facilities located therein. This Limited Common Element shall be subject to any reserved rights of the Declarant or the Association as set forth herein. 5. Executive Board. The affairs of the Association shall be governed by an Executive Board consisting of three (3) members elected by the Owners. 6. Declarant Control. The Declarant shall have the reserved power, pursuant to the Act, to appoint and remove officers and members of the Executive Board. This period of Declarant control ("period of Declarant Control") terminates no later than the earlier of (a) sixty (60) days after conveyance of seventy-five percent (75%) of the Lots to Owners other than the Declarant or (b) two (2) years after the last conveyance of a Unit by the Declarant in the ordinary course of business to an Owner other than Declarant. During the period of Declarant Control, the Declarant's Control shall be subject to the following limitations: A. Not later than sixty (60) days after conveyance of twenty-five percent (25%) of the Units that may be created to Owners other than the Declarant, at least one (1) member and not less than twenty-five percent (25%) of the members of the Executive Board must be elected by Owners other than the Declarant. B. Not later than sixty (60) days after conveyance of fifty percent (50%) of the Units that may be created to Owners other than the Declarant, not less than thirty-three and one-third percent (33 1/3%) of the members of the Executive Board must be elected by Owners other than the Declarant. C. The Declarant may voluntarily surrender the right to appoint and remove officers and members of the Executive Board before termination of the period of Declarant Control, but in the event the Declarant may require, for the duration F:119991Doc uments\COLODNY-4Mile- Protect Covenants.wlxl August 24, 1999 -3- of the period of Declarant Control, that specified actions of the Association or Executive Board, as described in a recorded instrument executed by the Declarant, be approved by the Declarant before they become effective. 7. Indemnification. To the full extent permitted by law, each officer and director of the Association shall be and is hereby indemnified by the Owners and the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed upon them in any proceeding to which they may be a party, or in which they may become involved, by reason of being or having been an officer or director of the Association, or any settlements thereof, whether or not they are an officer or director of the Association at the time such expenses are incurred; except in such cases wherein such officer or director is adjudicated guilty of wilful misfeasance or malfeasance in the performance of his or her duties; provided that in the event of a settlement the indemnification shall apply only when the Executive Board approves such settlement and reimbursement as being in the best interests of the Association. 8. Notice to Owners. Notice to an Owner of matters affecting Four Mile Ranch by the Association or by another Owner shall be sufficiently given if such notice is in writing and is delivered personally, by courier, or private service delivery or on the third business day after deposit in the mails for registered or certified mail, return receipt requested, at the address of record for real property tax assessment notices with respect to that Owner's Lot. ARTICLE III EASEMENTS AND LICENSES 1. Unit Owners' Easements. Every Owner shall have a right of enjoyment and easement for access to their Lot through or over the Common Elements, and such easement shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: A. The right of the Association to promulgate and publish rules and regulations with which each Owner and their guests shall strictly comply. B. The right of the Association to suspend the voting rights and rights to use the Common Elements by any Owner for any period during which any assessment against their Lot remains unpaid and for a period not to exceed sixty (60) days for any infraction of its rules and regulations. C. The right of the Association to grant easements, leases, licenses, and concessions through or over the Common Elements. D. The right of the Association to convey or subject a Common Element to a Security Interest in accordance with and to the extent permitted by the Act. E. The right of the Association to close or limit the use of the Common Elements while maintaining, repairing, or replacing such Common Elements. F:\1999\Documents\COLODNY-4Mile-Protect Covenants. wpd August 24. 1999 -4- F. Any Owner may delegate their right of enjoyment to the Common Elements and facilities to the members of their family, their tenants, or guests who reside on or rent their Lot. 2. Easements Shown on Final Plat. The Association is entitled to use such easements as are reflected on the Final Plat for the Subdivision. Except by agreement with a property Owner, the Association shall have no obligation to pay any amount for the use and enjoyment of such easement. The Association shall pay for the cost of maintaining and repairing any improvements which it places on any easements. 3. Easements for Access and Repairs. The Association shall be entitled to an easement across any of the Lots within the Subdivision, including the Open Space Easements located thereon, for the purposes of accessing any of the Association's property, protecting any Association property, or for necessary repairs or emergency circumstances. The Association may access all Lots within the Subdivision at reasonable times to determine compliance with the conditions of approvals of the Subdivision granted by the Garfield County Commissioners and to determine and enforce compliance with all of the provisions of these Covenants. 4. Open Space Easement. Each Lot within the Subdivision shall be burdened by an easement designed to perpetuate open space and the rural character of the Subdivision ("Open Space Easement"). Each and every Lot Owner is hereby granted an easement for the access, use, and enjoyment of any and all Recreational Facilities located in the Open Space Easement as more specifically identified and shown on the Final Plat for the Subdivision. Lot Owners may not place or construct any structures or fences within the Open Space Easement portion of their Lot, except as specifically provided herein or as may be approved by the Architectural Committee. Except as otherwise approved by the Architectural Committee, Lot Owners shall be required to maintain the Open Space Easement portion of their Lot in a manner consistent with the historic use of each Lot. The Declarant and/or the Association shall have the right to construct recirculation ponds, lakes, and underground utility lines within the Open Space Easement. A. Driveways. Any Lot Owner within the Subdivision whose Lot contains an Open Space Easement contiguous to an internal access road shall have the right to construct a driveway across the Open Space Easement. The location and specifications of any such driveway . must be approved by the Architectural Committee prior to the commencement of construction thereof. B. Recreational Facilities. The Association shall have the right to construct recreational facilities, including but not limited to a fitness course, landscape nodes, and an internal trail system, on or across the Open Space Easement and, except as specifically provided herein, shall thereafter be responsible for the repair and maintenance of such facilities. F:\1999\ Documents \COLODNY•4Mile-Protect Covenants.wpd August 24. 1999 _5_ 5. Homeowners Association Easement. The Homeowners Association easement, as shown on the Final Plat, is hereby granted to the Association for the purposes of accessing and maintaining certain potable water and raw water irrigation facilities, including the irrigation ponds, ditches, water storage tank and related treatment facilities, potable water wells, and pump house. The Irrigation Easement, as shown on the Final Plat, is included within the Homeowners Association easement. All improvements located within the Homeowners Association easement shall be deemed common elements as defined in Article II, Paragraph 3, above. ARTICLE IV USE RESTRICTIONS 1. Permitted Uses. Only one (1) single-family dwelling, together with structures appurtenant thereto, shall be constructed on any Lot in Four Mile Ranch. The minimum size of a residential, single-family dwelling shall be 2000 square feet, exclusive of open porches, decks, carports, and garages. 2. Duplexes/Multi-Family Structures. Duplexes and multi -family structures are strictly prohibited in Four Mile Ranch. 3. Outbuildings. Pursuant to the approval by Garfield County of the Final Plat as evidenced by Resolution No , recorded as Reception No. in the office of the Clerk and Recorder of Garfield County, Colorado, Owners shall be permitted to build detached garages and other customary non-residential accessory buildings, which buildings shall not exceed 1,000 square feet. All such improvements must comply with the Garfield County Subdivision Regulations and be reviewed by the Architectural Committee, as more particularly described in Article V, below. Greenhouses shall be permitted within the Subdivision, provided that they do not exceed 500 square feet. No greenhouse or auxiliary building shall exceed 16 feet in height. The design and location of all outbuildings shall be approved by the Architectural Committee. No non-residential accessory building shall be constructed prior to the construction of the primary residence. 4. Modular/Mobile Homes. No modular, mobile, or manufactured homes shall be constructed or placed within the Subdivision. This prohibition shall not apply to construction trailers which shall be permitted for eighteen (18) months from the date of commencement of construction, or until the issuance of a certificate of occupancy, whichever first occurs; provided, however, construction trailers may only be used for construction, office, and storage purposes and shall not be occupied as a residence for any period of time. All other trailer homes or temporary structures of any kind shall be prohibited. ARTICLE V ARCHITECTURAL COMMITTEE 1. Architectural Committee. The Architectural Committee shall be composed of between three (3) and five (5) persons. Prior to Declarant's sale of eighteen (18) Lots in the Subdivision, Declarant may appoint the members of the Architectural Committee which may F:\1999\Documents\COLODNY-4Mile-Protect Covenants.wpd December 14. 1999 -6- include officers, directors, or shareholders of Declarant, in Declarant's sole discretion, and the Executive Board of the Homeowners Association shall have no authority to remove any member so appointed. Upon the sale of the last Lot in the Subdivision. or at an earlier time as determined by Declarant, the members of the Architectural Committee shall be appointed by the Executive Board of the Association. The persons serving on the Architectural Committee shall serve at the pleasure of the Executive Board who may remove a member of the Architectural Committee, except a member appointed by Declarant, and appoint a new member at any time, provided there shall at all times be at least three (3) persons serving on the Architectural Committee. The members of the Architectural Committee may also be directors of the Association and need not be Owners. The Architectural Committee shall have and exercise all the powers, duties, and responsibilities set out in this instrument. 2. Approval by Architectural Committee. No improvements of any kind, including but not limited to dwelling units, garages, accessory buildings, swimming pools, ponds, parking areas, fences, walls, driveways, antennae, satellite dishes, and walks shall be constructed, erected, altered, or permitted to remain within Four Mile Ranch, nor shall any excavating, tree cutting, and clearing or landscaping be done within Four Mile Ranch, unless the complete architectural plans and specifications, and a site plan showing the location and orientation thereof, for such erection or alteration and landscaping are approved by the Architectural Committee prior to the commencement of such work, except as Declarant may be specifically permitted to do by these Covenants or required to do by any subdivision improvements agreement between the Declarant and Garfield County. Revegetation of all infills and cuts will be required. Plans addressing the revegetation of infills and cuts will be submitted to the Architectural Committee prior to any excavation. At least three (3) complete sets of the architectural and site development plans and specifications shall be submitted to the Architectural Committee along with a complete list of all exterior materials and colors to be used. All copies of the complete plans and specifications shall be signed and dated for identification by the Owner or the Owner's architect. The Architectural Committee shall have the right to request whatever additional specification information, plans, reports, and the like it deems necessary to evaluate the development proposal throughout the approval and construction process. In addition, the Architectural Committee may adopt rules and regulations which shall specify the information, reports, plans, specifications, and the like required to be submitted to the Architectural Committee. In the event the Architectural Committee fails to take any action withinforty-five (45) days after three (3) copies of the complete architectural and site development plans, specifications, materials, and colors have been submitted to it and the submittal has been certified in writing by the Architectural Committee as complete, then all of such submitted architectural plans shall be deemed to be approved. The Architectural Committee shall not unreasonably disapprove the architectural plans. The majority vote of the members of the Architectural Committee shall be required for approval of plans. In the event the Architectural Committee shall disapprove any architectural plans, the person or entity submitting such architectural plans may appeal the matter to the next annual or special meeting of the members of the Four Mile Ranch Homeowners Association where a vote of seventy-five percent (75%) of the members' votes entitled to be cast at said members' meetings shall be required to change the decision of the Architectural Committee. F:\1999\Documents\COL.ODNY-1Mile•Protcct Covcnants.wpd August 24, 1999 -7- 3. Improvements - Site Location. Pre -approved building envelopes for the primary dwelling structures for each Lot shall be identified on the Final Plat. Site review by the Architectural Committee for the primary dwelling structure is not required if the structure is to be located entirely within the approved building envelope. Site review for any and all other structures and improvements must be undertaken by the Architectural Committee. Site locations are subject to Article V.6.C. herein. 4. Building Permits. An Owner may apply for a building permit from the Garfield County Building Department at any time; provided, however, the plans approved by the Building Department shall not differ in any substantial way from the plans approved by the Architectural Committee. If the plans approved by the Building Department differ in any substantial way as determined by the Architectural Committee, then all approvals of the Architectural Committee shall be deemed automatically revoked. Owners must comply with all Garfield County zoning and subdivision regulations relating to off-street parking. 5. Variances. The Architectural Committee may, by an affirmative vote of a majority of the members of the Architectural Committee, allow reasonable variances as to any of the covenants and restrictions governing architectural control contained in this instrument and/or policies or rules promulgated by the Architectural Committee, on such terms and conditions as it shall require. No variance shall be granted which contravenes any provisions of these Covenants required by an approval obtained by Declarant from Garfield County for Four Mile Ranch or which violates the Garfield County Land Use and Building Codes. No variance shall be granted without written notice of the request for such variance provided ten (10) days prior to the hearing for said variance to all Lot Owners within the Subdivision. Notice to such Lot Owners shall be deemed complete when placed in the United States Mail, first-class , postage prepaid, to the last known address for each Lot Owner as provided to the Association. 6. General Requirements. The Architectural Committee shall exercise its best judgment to see that all improvements, construction, landscaping, and alterations within Four Mile Ranch harmonize to the greatest extent possible with the surroundings and with other structures as to design, materials, color, height, grade, finished ground elevation of neighboring lots, and other design features. The Architectural Committee shall strive to protect the seclusion and view of each Lot insofar as possible (taking into account final buildout of all Lots in the Subdivision) in the development of Four Mile Ranch pursuant to these Covenants and shall endeavor to protect and preserve the visual character of the property and preserve and maintain any trees in Four Mile Ranch. A. Soils and Foundation Report, and Grading and Drainage Plan. Prior to the issuance of a building permit by Garfield County, a Lot Owner shall cause to be prepared and submit to Garfield County and the Architectural Committee a soils and foundation report and a grading and drainage plan prepared by a professional engineer. All improvements and structures shall be constructed in accordance with the recommendations and conditions of such report and plan which are included by Garfield County as conditions of the building permit or are made requirements or conditions of the approval of the Architectural Committee. F:\1999\Document.+\COLODNY-4Milc-Protect Covcnunts.wpd August 24. 1999 -8- B. Materials and Landscaping. In its review of any proposed development activity, the Architectural Committee shall evaluate, among other things, the materials to be used on the outside of buildings or structures, including exterior colors, location with respect to topography and finished grade elevations, and harmony of landscaping with the natural setting and native trees and other vegetation within Four Mile Ranch. The Committee shall encourage "xeriscape" landscaping which emphasizes the use of indigenous foliage and decreased water consumption. C. Site Location. In reviewing the proposed location of any structure to be placed or built on any Lot, the Architectural Committee shall exercise its judgment so as to maximize the view plane of each Lot while preserving to the greatest extent possible the natural characteristics of each Lot and all natural vegetation, including trees and bushes and the natural setting of each building site. Except as set forth in Paragraph 3, above, the Architectural Committee must approve the location of all structures and improvements to be located on each Lot. No above grade structures whatsoever shall be approved for placement within fifty (50) feet of the ridgeline, shown as a setback line on the Final Plat on Lots 15 through 25 of the Subdivision. D. Fencing. The Architectural Committee must approve all fencing prior to installation. The type and location of all fencing must be approved by the Architectural Committee. One basis for consideration by the Architectural Committee of fencing will be how it affects the movement of wildlife throughout the Subdivision. Fencing shall be constructed to Colorado Division of Wildlife specifications, shall be of a round or split rail variety, shall not exceed forty-eight (48) inches in height, shall not have more than three (3) horizontal poles, the bottom pole of which shall be at least eighteen (18) inches off the ground, and no two poles shall be less than eighteen (18) inches apart. The Colorado Division of Wildlife shall not be liable to any Owner for any damage to gardens, flowers, shrubs, trees, or any other greenery caused by the actions of any wild animal. E. Wildfire. The Four Mile Ranch Architectural Committee shall follow the recommendations of the Colorado State Forester wildfire prevention guidelines, specified by the pamphlet "Wildfire Protection in the Wildland Urban Interface" prepared by the Colorado State Forest Service (CSFS #143-691) attached hereto as Exhibit A, in granting approvals for construction of residences and other structures submitted to it for approval. The Architectural Committee shall, incorporate the guidelines set forth in that pamphlet into the plans approved for Lots in the Subdivision to protect the Subdivision, and all of the buildings constructed therein, from the danger of wildfire. The Architectural Committee will consider the guidelines in the most current wildfire publication by the Colorado State Forest Service. No shake or "treated" shake roofs will be allowed in the Subdivision. Metal roofs or other fire resistant roofs will be required. Siding of all structures shall F:\19991Documentsl,COLODNY-4Mile-Protect Coven:mu.wlxl August 24. 1999 -9- be either (1) constructed of tire retardant materials or materials "treated" to be fire retardant, or (2) have an internal sprinkler system for fire protection. F. Water. The Homeowners Association will provide domestic water from a common distribution system to all residences constructed within the Subdivision. The Homeowners Association will have the power to own, operate, maintain, and repair the potable water system that will serve the Subdivision. The Homeowners Association will also have the power to levy assessments on each Lot to cover the costs of such system. Additionally, the Homeowners Association shall allocate specific quantities of irrigation water to the open spaces and to specific Lots in the Subdivision and shall allocate irrigation costs accordingly. The potable water supply and raw water irrigation rights and restrictions are more specifically discussed in Article VI, below. G. Lighting. The Architectural Committee shall consider exterior lighting plans and will require that all exterior lighting (with possible exceptions for lighting necessary for safety) be directed towards each applicant's property and consist solely of down lighting. It will also require that all Lot Owners make every effort possible to limit the use of exterior lighting at night. It shall require Owners to build in such a fashion that all light sources not be directly visible from outside of the Owner's property. The intent behind these considerations is to preserve the rural character of the Subdivision by limiting exterior lighting as much as possible while maintaining a safe atmosphere. 7. Preliminary Approvals. Lot Owners who anticipate constructing improvements on lands within Four Mile Ranch may submit preliminary sketches of such improvements to the Architectural Committee for informal and preliminary approval or disapproval. All preliminary sketches should be submitted in at least three (3) sets and should contain sufficient general information on those matters required to be in the complete architectural and site development plans and specifications to allow the Architectural Committee to grant an informed preliminary approval or disapproval. The Architectural Committee shall never be finally committed or bound by any preliminary or informal approval or disapproval until such time as complete architectural and site development plans, specifications, materials, and colors are submitted and approved or disapproved. The preliminary approval is offered as an accommodation only, and the Architectural Committee may set fees for this service. 8. Architectural and Site Development Plans. The Architectural Committee shall disapprove any architectural and site development plans submitted to it which do not contain sufficient information for it to exercise the judgment required of it by these Covenants. 9. Architectural Committee Not Liable. The Architectural Committee shall not be liable for damages to any person or entity submitting any plans for approval, or to any Owner or Owners of land within Four Mile Ranch, by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove with regard to such plans. The Architectural Committee shall have no liability or responsibility for any representations made to any Owner F:\1999\Documents\COLODNY-4Mile-Protect Covcnunts.wlxl August 24. 1999 -10- or prospective Owner by any third parties. The decisions of the Architectural Committee shall • be governed by these Covenants and any rules or regulations duly adopted by the Architectural Committee pursuant to these Covenants. 10. Written Records. The Architectural Committee shall keep and safeguard for at least five (5) years complete permanent written records of all approved applications, including one (1) set of the final approved architectural and site development plans, and of all actions of approval or disapproval and all other formal actions taken by it under the provisions of this instrument. • • 11. Authority to Promulgate Design Guidelines, Rules and Regulations. The Architectural Committee may promulgate and adopt design guidelines and rules and regulations necessary to implement these Covenants. The design guidelines may include requirements relating to acceptable building materials, architectural styles, allowable colors for home exteriors, and the like. The rules and regulations may include submission requirements concerning the type of information, reports, plans and specifications, and other information necessary to make an informed decision regarding requests for development, modifications to buildings, and the like. ARTICLE VI PROPERTY USE RESTRICTIONS AND PROTECTIVE COVENANTS 1. No Further Subdivision. No Lot described on the recorded Final Plat of Four Mile Ranch Subdivision shall ever be further subdivided into smaller Lots or conveyed or encumbered in less than the full dimensions as shown on the recorded Final Plat of Four Mile Ranch; provided, however, conveyances or dedications of easements for utilities if approved by the Architectural Committee may be made for less than all of one (1) Lot. Notwithstanding the foregoing, a Lot line adjustment between two (2) Lots in Four Mile Ranch shall be deemed a permitted subdivision, subject, however, to any reviews or approvals that may be required by the Garfield County Land Use Code and to the prior approval of the Architectural Committee. 2. Domestic Animals and Livestock. Except as expressly limited herein, domestic animals shall be permitted within the Subdivision and shall be subject to any rules and regulations which may be promulgated by the Executive Board or Garfield County. No livestock, including horses, shall be permitted within the Subdivision. A Lot Owner shall be entitled to keep a maximum of one (1) dog on his property. For the purposes of this Article, the definition of "Dog" or "Dog(s)" shall not include dogs under the age of six (6) months. Dogs shall be kept under the control of the owner at all times and shall not be permitted to run free or to cause a nuisance in the Subdivision. No dog shall be allowed beyond the boundaries of the Lot owned by the persons where the dog is housed unless accompanied by a person in full control of such dog. Dogs shall be leashed, chained, fenced, "electric fenced," kenneled, or housed at all times. Location of kennels shall be subject to review of the Architectural Committee. F:119991 Documents\CO L O D N Y-4 :1,l ile- Protect Covenants...1%1 August 24. 1999 -11- The Homeowners Association shall have the right to assess and enforce penalties against Owners violating these restrictions applying to dogs as follows: One Hundred Dollars ($100.00) for the first violation committed by an Owner's dog, and One Hundred Dollars ($100.00) plus an additional Fifty Dollars ($50.00) for each subsequent violation, such that the fine increases in Fifty Dollar ($50.00) increments for each succeeding violation. If any dog commits four (4) violations or any dog is caught chasing or molesting deer, elk, or any domestic animals, the Homeowners Association shall be authorized to prohibit the property Owner from continuing to maintain the offending animal on the Owner's property. Areas where an Owner keeps any animals shall be kept reasonably clean and free of refuse, insects, and waste at all times. Notwithstanding the foregoing, no animal(s) may be kept within a Lot or a dwelling which, in the good -faith judgment of the Executive Board, result(s) in any annoyance to residents in the vicinity or to Lot Owners within the Subdivision. Except as expressly limited herein, domestic animals shall be permitted subject to any rules and regulations which may be promulgated by the Executive Board. 3. Underground Utility Lines. With respect to the new construction or extension of any utilities, all water, sewer, gas, electrical, telephone, cable television, and other utility pipes or lines within the limits of Four Mile Ranch shall be buried underground and not be carried on overhead poles or above the surface of the ground. Any areas of natural vegetation or terrain in Four Mile Ranch disturbed by the burying of utility lines shall be revegetated by and at the expense of the Owner or Owners causing the installation of the utilities no later than the next growing season following installation. 4. Mining, Drilling, or Quarrying. Mining, quarrying, tunneling, excavating, or drilling for any substance within the earth, including oil, gas, minerals, gravel, sand, rock, and earth, shall not be permitted within the limits of Four Mile Ranch. Individual wells shall not be permitted on any Lot, and no Owner shall be permitted to drill for water on his Lot, unless prior approval shall have been obtained from the Architectural Committee. 5. Trees. Each Owner shall be required to plant a minimum of three (3) trees on their respective Lots in the area between the road fronting their Lot and the adjacent sidewalk in accordance with the Landscape Plan developed by the Architectural Committee. No Owner shall remove any healthy, living trees without first having obtained the approval of the Architectural Committee. All construction, landscaping, and development on any Lot shall seek to minimize the removal of trees and to preserve the natural trees and vegetation to the greatest extent possible while bearing in mind wildfire considerations. Declarant and the Association shall retain the right to landscape the boundary of the Open Space Easement, as said easement is defined in Article IX below and as shown on the Final Plat, to minimize impacts on wildlife. This landscaping shall include native vegetative screening in and around wildlife foraging areas, the placement of a berm along the boundary of the Open Space Easement on Lots 37 through 40, and the planting of trees and shrubs thereon. F:\1999\ Documents \COLODNY•4Mile•Protect Covenunts.wpd August 24. 1999 -12- 6. Shiny Materials. No building or improvements shall contain exterior roofs or siding materials which are reflective or shiny. 7. Hunting and Wildlife Control. Hunting shall be prohibited within the Subdivision. With the approval of the Association, and upon prior consultation with the Colorado Division of Wildlife, a Lot Owner may, consistent with the requirements of law, destroy or remove wildlife which constitutes a nuisance or which may die on their property. In the event bears become a nuisance with respect to trash containers kept on any Lot within the Subdivision, the Association will require Lot Owners to install bear -proof garbage containers. The Colorado Division of Wildlife is not responsible for the removal of bears and mountain lions just because they are spotted or seen in or near the Subdivision. 8. Addresses, Number, and Location of Buildings. No buildings shall be placed, erected, altered, or permitted to remain on any Lot except as approved by the Architectural Committee. All addresses shall be posted in conspicuous locations for ease of identification. 9. Completion of Construction. Any construction activity on any Lot in Four Mile Ranch shall be completed, fully cleaned up, and landscaped within eighteen (18) months from the issuance of a building permit, unless the Lot Owner shall first obtain a variance from the Architectural Committee to allow for a longer period of construction upon proof of due diligence. In the event a variance is not secured and eighteen (18) months from issuance of a building permit has passed, the Association may assess penalties in any amount it deems appropriate. 10. Enclosure of Unsightly Facilities and Equipment. All unsightly structures, facilities, equipment, and other items, including but not limited to those specified below, shall be enclosed within a solid structure sufficient to screen such things from view from the common roads and neighboring homes to the greatest extent possible. Any motor home, trailer, boat, tractor, motorcycle, snow removal or garden equipment, and any similar item shall be'kept at all times, except when in actual use, in an enclosed garage. Any refuse or trash containers, utility meters, propane tanks, fuel storage tanks, or other facilities, service area, or storage pile shall be enclosed within a structure or appropriately screened from view by planting or fencing approved by the Architectural Committee and adequate to conceal the same from neighbors, streets, and private roads. No lumber, metals, bulk materials, scrap, refuse, or trash shall be kept, stored, or allowed to accumulate on any Lot except building materials during the course of construction and only for such reasonable periods of time as are necessary prior to the collection of or disposal thereof. 11. Noxious or Offensive Activity or Sounds. No noxious or offensive activity or sounds shall be conducted or transmitted upon any portion of the Four Mile Ranch Subdivision at any time nor shall anything be done or permitted which may be or become a nuisance to other property or to the Owners thereof by sight or sound. 12. Common Areas and Open Space. All common areas and open space within the Subdivision shall be restricted to recreational, irrigation, and utility uses only, and shall not be F:\1999\Documents\COLODNY•4N1ile•Protect Covenants.wml August 24, 1999 -13- used for residential purposes. The Association shall be responsible for the repair and maintenance of common areas and, except as specifically provided herein, shall require Owners of private open space to maintain such areas in a manner consistent with the nature and character of the Subdivision. In the event any Owner fails to adequately maintain the private open space appurtenant to the Owner's Lot, the Association shall maintain the open space and assess the Owner any charges or expenses associated therewith. 13. Adjacent Agricultural Uses. The historic agricultural uses of property adjacent to the Subdivision shall be deemed compatible with the rural residential character of the Subdivision. No Owner may object to the dust, odors or noise associated with normal agricultural uses of said adjacent property as noxious or offensive, and neither the Association, Garfield County, or any other municipality shall attempt to enjoin adjacent landowners from customary agricultural practices merely because an owner has registered a complaint. Garfield County has adopted a "Right to Farm" policy, (Garfield County Subdivision Regulations §1.08) incorporated herein by this reference. The Four Mile Ranch Subdivision is subject to provisions of the Right to Farm policy. 14. Unauthorized Vehicles. No snowmobiles or all -terrain vehicles (ATVs) shall be operated within the Subdivision. No snowmobiles, boats, or inoperable motor vehicles shall be stored within the Subdivision unless stored within an auxiliary building permitted in accordance with Paragraph IV.3, above. 15. Satellite Dishes. Satellite dishes shall be allowed within the Subdivision. Location and size of all satellite dishes shall be subject to Association approval, but in no event shall any satellite dish exceed three (3) feet in diameter. Any dish exceeding eighteen (18) inches in diameter shall be screened from view of any adjoining Lot or street within the Subdivision. 16. Commercial Activities. No commercial activities shall be permitted on any Lot in the Subdivision. The storage of materials, goods, equipment, and other items used or associated with commercial activities shall not be permitted on any Lot in the Subdivision; provided, however, personal vehicles with a business name placed thereon shall not be prohibited. If permitted by applicable zoning, Owners shall be permitted to maintain an office within their residences so long as it does not provide services to the public which result in the public going to and from such residence on a regular basis. 17. Signs. Real estate sales signs shall be limited to one sign per Lot, which sign shall be no larger than one (1) square foot. No real estate sign shall be located anywhere else within the Subdivision. This restriction shall not apply to the Declarant or to the initial sale of any Lot within the Subdivision. 18. General Restriction. All Lots in the Subdivision shall comply with restrictions contained in any other section of these Protective Covenants. F:\1999\Documents\COLODNY-4Mile-Protect CovenunLs.wpd August 24. 1999 -14- ARTICLE VII WATER SUPPLY AND WATER RESTRICTIONS 1. Irrigation Water and Rights. A. Irrigation Rights. Declarant will convey to the Homeowners Association the following irrigation water rights: Four Mile Ditch water rights located on Four Mile Creek tributary to the Roaring Fork River, Water Division No. 5, State of Colorado, as follows: which rights shall be held by the Association for use pursuant to this Article VII.1. All water rights referred to in this paragraph shall be appurtenant to the Property and may not be conveyed or transferred separately therefrom. Each Lot Owner shall have the right to access the raw water irrigation system at no charge. The Association may also irrigate any open space and common areas within the Subdivision with the Association's irrigation water pursuant to this Article VII.1. At the first annual meeting, and at every subsequent annual meeting thereafter, the Association shall designate an Association member who shall be the designated contact person concerning all irrigation issues within the Subdivision and with whom all other users, as well as the Colorado Division Engineer, may communicate. B. Irrigation System Maintenance. The Association and each and every Owner receiving an allocation of irrigation water pursuant to Paragraph A, above ("Irrigation Owners"), shall bear the cost of operation, maintenance, repair, and replacement of the irrigation system in accordance with their pro rata right of use as determined by the Homeowners Association. The Irrigation Owners shall consult with each other regarding operation, maintenance, repair, and replacement of the raw water irrigation system and, to the greatest extent possible, shall reach unanimous decisions regarding such costs; however, an agreement of a majority of the Irrigation Owners is sufficient to make decisions in this regard. In the event the Irrigation Owners fail to reach a F:\1999\Documents\COLODNY-4Mile-Protect Covcnunts.wpd August 24. 1999 -15- FOUR MILE DITCH Adjudication- • Date Appropriatio n Date Civil Action Grantor's Ownership Interest in c.f.s. Total Amount of Decree Number 5/11/1889 12/29/1913 8/25/1936 10/24/1952 11/6/1881 12/7/1903 5/15/1919 6/1/1920 19 1475 3082 4033 1.6 0.8 2.0 2.72 3.2 1.6 4.0 5.44 which rights shall be held by the Association for use pursuant to this Article VII.1. All water rights referred to in this paragraph shall be appurtenant to the Property and may not be conveyed or transferred separately therefrom. Each Lot Owner shall have the right to access the raw water irrigation system at no charge. The Association may also irrigate any open space and common areas within the Subdivision with the Association's irrigation water pursuant to this Article VII.1. At the first annual meeting, and at every subsequent annual meeting thereafter, the Association shall designate an Association member who shall be the designated contact person concerning all irrigation issues within the Subdivision and with whom all other users, as well as the Colorado Division Engineer, may communicate. B. Irrigation System Maintenance. The Association and each and every Owner receiving an allocation of irrigation water pursuant to Paragraph A, above ("Irrigation Owners"), shall bear the cost of operation, maintenance, repair, and replacement of the irrigation system in accordance with their pro rata right of use as determined by the Homeowners Association. The Irrigation Owners shall consult with each other regarding operation, maintenance, repair, and replacement of the raw water irrigation system and, to the greatest extent possible, shall reach unanimous decisions regarding such costs; however, an agreement of a majority of the Irrigation Owners is sufficient to make decisions in this regard. In the event the Irrigation Owners fail to reach a F:\1999\Documents\COLODNY-4Mile-Protect Covcnunts.wpd August 24. 1999 -15- majority decision regarding any issue related to operation, maintenance, repair, or replacement of the raw water irrigation system, the Association's Executive Board shall have the authority to make such decision that will be binding on all of the Irrigation Owners. Any improvement to the raw water irrigation system exceeding the amount of $1,000.00 requires the prior approval of a majority of the Irrigation Owners. In an emergency situation, any of the Irrigation Owners may make a decision concerning the raw water irrigation system and act thereon. so long as the remaining Irrigation Owners are given notice of such action within a reasonable time. The Association shall keep an accurate account of the costs and expenses incurred in operation, maintenance, repair, and replacement of the system and, upon the completion of the work, shall deliver to each of the Irrigation Owners an itemized statement of such costs and expenses. The Irrigation Owners shall maintain the raw water irrigation system in good order and repair so far as can be accomplished by the exercise of reasonable care and diligence. The Irrigation Owners shall have the duty of maintaining all headgate structures, ditches, laterals, pipelines, and appurtenant structures (both within and outside of the Subdivision and those portions of the ditch and headgate structure outside of Subdivision) and keeping such in good working order throughout the year. The Association shall have the express obligation to operate, maintain, repair and replace those portions of the Four Mile Ditch located outside the Subdivision in conjunction with other owners of Four Mile Ditch water rights and Four Mile Ditch structures, including without limitation headgate structures. The Association shall cooperate with such other owners for this purpose and shall assume a pro rata share of such operation, maintenance, repair and replacement, including the costs and expenses thereof. All Owners within the Subdivision shall be prohibited from dumping, diverting, or in any way depositing any trash, wastewater, or other foreign substances into the ditch. All Owners, with the exception of the Irrigation Owners, shall be prohibited from accessing the raw water irrigation system and/or diverting water from the system at any time. C. Special Assessments for Irrigation Water. Prior to each annual meeting of the Executive Board of the Homeowners Association, the Irrigation Owners and the Board, on behalf of the Subdivision open space and common area, will convene and discuss the costs involved in the operation, maintenance, repair, and replacement of the raw water irrigation system for the previous year. As special assessments may be levied from time to time in connection with the Subdivision irrigation water, the Association shall maintain records of such accounts, yet keep a separate accounting of any costs incurred in connection with routine operation, maintenance, repair, and replacement. All provisions of Article VII, below, shall be applicable to said assessments. D. Lien for Raw Water Irrigation Assessments. All Irrigation Owners shall promptly pay any and all assessments for costs of operation, maintenance, repair, and replacement of the raw water irrigation system in the proportions set forth F:11999\Documents\COLODNY-4Mile- Protect Covenants. wild August 24, 1999 -16- • • above. In the event that such assessments are not paid promptly, the co-owners of the raw water irrigation system shall have a lien pursuant to C.R.S. §38-23-101 x seq., which may be enforced pursuant to said statute, and the Association shall have the right to turn off irrigation water to said Lot Owner's property. 2. Subdivision Water System. A. Potable Water Supply. Water will be provided to the fifty-eight (58) Lots planned for the Subdivision from wells to serve the domestic needs of the proposed single- family subdivision, which wells shall be known as the Four Mile Wells. These wells have been certified by an engineer as a sufficient source by which to supply the Subdivision with an adequate quantity of water and shall be owned and maintained by the Association. Each Lot Owner shall have the right to access the potable water system at no charge. The Association shall have the power and authority to require each Lot Owner served by the subdivision wells, at their sole expense, to install a meter to measure all water used by that Lot and to curtail or restrict, as deemed necessary by the Association, water usage by a Lot Owner from the Four Mile Wells. The Association's authority to meter and curtail water usage in the Subdivision shall be utilized to ensure that the total diversions for the Subdivision from the Association's well(s) for in-house uses and lawn and garden irrigation not exceeding 2500 square feet per Lot do not exceed an average daily usage of 750 gallons per Lot. Said water supply is based on an approximation that there will be no more than fifty-eight (58) single-family homes within the Subdivision. The Association shall maintain and pay the costs of the West Divide Water Conservancy District Water Allotment Contract. ARTICLE VIII COLLECTION OF ASSESSMENTS - ENFORCEMENT 1. Assessments. All Lot Owners shall be obligated to pay any assessments lawfully imposed by the Executive Board of the Association. To the extent the Association is responsible therefor, assessments may be lawfully imposed for any items of common expense which may include, among other things: expenses and costs of maintaining, repairing, and plowing of roads within and accessing the Subdivision; expenses for maintaining, improving, and preserving the Association's common property; expenses of the Architectural Committee; and insurance, accounting, and legal functions of the Association. Such assessments shall be deemed general assessments and shall be borne pro rata by all Owners. Assessments for water and water -related services shall be assessed separately based upon the allocation of such services by the Homeowners Association to the Owners. The Executive Board may establish contingency and reserve funds for the maintenance and improvement of the Association's common property and • any other anticipated costs and expenses of the Association to be incurred in pursuit of its purpose. Contingency and reserve funds shall be in such an amount as the Executive Board may deem necessary and appropriate for the aforesaid purposes. Each Owner shall be required to F:\ 1999\Documents \COL ODNY-4Vtile-Protect Covenants. wpd December 14. 1999 -17- pay his pro rata portion of these funds. As used herein, an Owner's pro rata portion of common expenses shall mean a fraction formed by the number of Lots purchased and held by the Lot Owner (numerator) and the number of Lots in the Subdivision (denominator). The Executive Board shall have the right during any calendar year to levy and assess against all of the Owners a special assessment for such purpose or purposes, in accordance with these Covenants, or the Articles or Bylaws of the Association, as may be necessary. Such special assessment shall be paid for in equal portions by the Owners obligated to pay such assessment and shall be due and payable as determined by the Executive Board. 2. Lien for Non -Payment of Assessments. All sums assessed by the Executive Board, including without limitation the share of common expense assessments chargeable to any Lot Owner, any fines which may be levied on a Lot Owner, and unpaid utility fees and assessments charged to a Lot Owner shall constitute a lien against such Lot superior (prior) to all other liens and encumbrances, excepting only: A. Tax and special assessment liens on the Lots in favor of any governmental assessing unit. B. All sums unpaid on a first mortgage of record, including any unpaid obligatory sums as may be provided by encumbrance. C. Each Owner hereby agrees that the Association's lien on a Lot for assessments has hereinabove described shall be superior to the Homestead Exemption provided by C.R.S. §38-41-201 et seq., and each Owner hereby agrees that the acceptance of the deed or other instrument of conveyance in regard to any Lot within Four Mile Ranch shall signify such grantee's waiver of the homestead right granted in said section of the Colorado statutes. D. Any recorded lien for non-payment of the common expenses may be released by recording a release of lien executed by a member of the Executive Board. If any assessment shall remain unpaid after thirty (30) days after the due date thereof, such unpaid sums shall bear interest from and after the due date thereof at the maximum rate of interest permitted by law, or at such rate as is determined by the Executive Board, and the Executive Board may impose a late charge on such defaulting Owner as may be established by the Board. In addition, the Executive Board shall be entitled to collect reasonable attorneys' fees incurred in connection with any demands for payment and/or collection of delinquent assessments. To evidence such lien, the Executive Board shall prepare a written notice setting forth the amount of such unpaid indebtedness, the name of.the Owner of the Lot, and its legal description. Such a notice shall be signed by one (1) member of the Executive Board and shall be recorded in the Office of the Clerk and Recorder of the County of Garfield, Colorado. Such lien may be enforced by foreclosure of the defaulting Owner's Lot by the Association in like manner as a mortgage on real property, upon the recording of a notice of claim thereof. In any such foreclosure, the Owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien, and all reasonable attorneys' fees. F:\1999\Documents\COLODNY-4Mile-Protect Covcmmts.wpal August 24. 1999 -18- The Owner shall also be required to pay to the Association any additional assessments against the Lot during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the same. The Executive Board, for the Association, shall have the power to bid on the Lot at foreclosure sale and acquire and hold, lease, mortgage, and convey same. The Association, at its election, and in addition to any other remedies it may have at law or in equity, may also sue an Owner personally to collect any monies owed the Association. 3. Enforcement Actions. The Association, acting by and through its Executive Board, shall have the right to prosecute any action to enforce the provisions of all of these Covenants by injunctive relief, on behalf of itself and all or part of the Owners of the lands within Four Mile Ranch. In addition, each Owner of land within Four Mile Ranch, including the Association, shall have the right to prosecute any action for injunctive relief and for damages by reason of any violation of these Covenants. The prevailing party in any enforcement action shall be entitled to an award of its reasonable costs and attorneys' fees. The Executive Board shall be entitled to assess penalties for late payment of assessments due the Association and to collect interest thereon at rates to be determined from time to time by the Executive Board but not to exceed 1.5 percent per month. After thirty (30) days, written notice to any Owner of a violation of these Covenants, and the Owner's failure to eliminate or cure said violation, the Association may levy, in addition to the other remedies set forth herein, a penalty of $25.00 per day for every day the violation exists or continues after the expiration of said 30 -day period. 4. Limitations on Actions. In the event any construction or alteration or landscaping work is commenced upon any of the lands in Four Mile Ranch in violation of these Covenants and no action is commenced within one (1) year thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any party aggrieved. This one-year limitation shall not apply to injunctive or equitable relief against other violations of these Covenants. ARTICLE IX INSURANCE 1. Types of Insurance. The Association shall obtain and keep in full force and effect the following insurance coverage: A. The Executive Board, at its discretion, may elect to secure fidelity coverage against the dishonesty of employees, destruction or disappearance of money or securities, and forgery. This policy shall also cover persons who serve the Association without compensation. B. Coverage for members of the Board and officers of the Association, including committee members, against libel, slander, false arrest, invasion of privacy, errors and omissions, and other forms of liability generally covered in officers and directors liability policies. C. Coverage against such other risks of a similar or dissimilar nature as the Board F:\1999\Documents\COLODNY-4Mile-Protect Covenants. wpd August 24. 1999 -19- deems appropriate. ARTICLE X GENERAL PROVISIONS 1. Covenants to Run. All of the covenants contained in this instrument shall be a burden on the title to all of the lands in Four Mile Ranch, and the benetits thereof shall inure to the Owners of the lands in Four Mile Ranch and the benefits, and burdens of all said covenants shall run with the title to all of the lands in Four Mile Ranch. 2. Termination of Covenants. In the event these Covenants have not been sooner lawfully terminated pursuant to any applicable laws of the State of Colorado and Garfield County, Colorado, and the provisions herein contained, these Covenants may be terminated on January 1 of the year 2036 by a vote of seventy-five percent (75%) of the votes entitled to be cast by the members of the Association. If these Covenants are not so terminated, then they shall continue to be in full force and effect for successive twenty-five (25) year periods unless, at the close of a 25 -year period, the Covenants are terminated by a vote of seventy-five percent (75%) of the votes entitled to be cast by the members of the Association at a meeting of the members duly held. In the event of any such termination by the members, a properly certified copy of the resolution of termination shall be placed on record in Garfield County, Colorado, not more than six (6) months after the meeting at which such vote is cast. 3. Amendment of Covenants. These Covenants may be amended by a vote of seventy-five percent (75%) of the votes entitled to be cast by the members of the Association, said vote to be cast at a meeting of the members duly held, provided a properly certified copy of the resolution of amendment be placed on record in Garfield County, Colorado, no more than six (6) months after said meeting. In addition, the prior written consent of Garfield County shall be required prior to amending these Covenants, which consent shall not be unreasonably withheld or delayed. In the event the Subdivision is annexed to the City of Glenwood Springs in accordance with the terms and conditions of the Pre -Annexation Agreement, the consent of Garfield County shall not be required to amend these Covenants. Rather, upon annexation of the Subdivision, in addition to the vote set forth hereinabove, the prior written consent of the City of Glenwood Springs shall be required to amend the Covenants. 4. Severability. Should any part or parts of these Covenants be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining covenants. 5. Paragraph Headings and Underlining. The paragraph headings and underlining within this instrument are for convenience only and shall not be construed to be a specific part of the covenants contained herein. 6. Limited Liability. The Association and the Board shall not be liable to any party for any action or for any failure to act with respect to any matter if the action taken or failure F:\1999\Documents\COLODNY•4Mile-Protect Covcnana.w!xi August 24. 1999 to act was in good faith and without malice. The Owners jointly and severally agree to indemnify the Association and the Board against loss resulting from such action or failure to act if the Association and the Board acted or failed to act in good faith and without malice. 7. County as Third -Party Beneficiary. Garfield County shall be a third -party beneficiary to this Declaration and may, at its option and in its sole discretion, enforce any provision in this Declaration, as amended, which affects County residents or property within the County. In the event the Subdivision is annexed to the City of Glenwood Springs, Garfield County shall cease to be a third party beneficiary to this Declaration and the City of Glenwood Springs shall be the third party beneficiary hereto with the right to enforce any provision contained herein. IN WITNESS WHEREOF, this Declaration of Protective Covenants for Four Mile Ranch has been executed as of the day and year first written above. STATE OF ) ss. COUNTY OF By DECLARANTS: THE FOUR MILE RANCH DEVELOPMENT COMPANY A Colorado Corporation Acknowledged, subscribed, and sworn to before me this day of 1999, by on behalf of The Four Mile Ranch Development Company. WITNESS my hand and official seal. My Commission expires: F:11999\ Documents \COLODNY-4Mile-Protect Covcnani .wlxl August 24, 1999 -21- Notary Public • EXHIBIT A Wildfire protection • �. •• _. \- r ' .x_.y:i...1.-:-.,..„...:;_.:,7,...7.1::.::74x€.=-. - +rte .K',:: at ! �, •� '}►S•• - ' �. .'• r- :� :.?.. i.. •.. .` ..........•:f....::: = 11;11. 1 "•�' .......:::::::....:111,;::".. .' �...�. - ;_ • ��-mss �7►�.� `^'. ,,a12f:—..._r• ._."-`: i.. 3 . .• •- --':..-.7.....„.Z•-- J..4,-.....4. . . Z... e.•�..=.: w -•4►.-'am- .'IT.... •�.-!Y--5.'X-. �:= .� �]-•:v1.1"i!.. = ..�_'=•..4 • ...% ?'ice iC-:..!'§0._„•:� Zoc • r l•_ .. ..4.ate ..:L • r+.�•..#:.,...."...• `• ' ` •: . .•_-L„i:K.. •�•r�-' •;^• N-,r�MS -K.r.�•• --.•iiiiir:^":� �� �'?2..�_- t. �iC:�=- iz.i4.i+ia •+•�'. • .. ._ )•�..~ �.•. , - . �.�w �` . ter.'•-�'� ` N -.... '. • � • - : :.... .7... J..... . '•`�+w''~- ::..- .- `'�- • . --- - --- in the Wildland Urban Interface Colorado tete Table of contents • Basic home fire safety I - 3 Tips for pre -construction fire safety 4 - 5 Common forest fuel class recommendations 6 How slope affects defensible space 7 Water supplies can make a difference 8 Accessibility — can your home be protected? 9 Fire safety check list 1.0 • • • Basic home fire safety u Severe wildfire hazards may exist around homesices in forested areas. These hazards can be reduced by creating a "defensible space" around homes. outbuildings, drives, and roadways. ("Defensible space" refers to a minimum 30 foot diameter area around a home on level terrain.) This... defensible space can e your home. Nor this... no defensible space is a disaster waiting to happen. Evaluate areas around your site using the Following recommendations. and make any changes necessary to improve Tire safety. By implementing these guidelines. you will not only be helping prevent the loss of your home co wildfire, but also providing firefighters with the space they need to operate. Complete chis check three or four times a year. and correct hazards as necessary. 1. Keep roofs clear of debris. _"_ .---.4-' 0.7"-=•^. ';-:- ------;7; -74 2. Enclose or screen porches, floors, roofs. and attic openings. • 3. Remove tree branches hanging within 15 Ceet of 6. Develop an outdoor water supply for firefighting (e.g. a small pond. cistern, well. or hydrant.) chimneys. QZM • 4. C' r weeds and other debris to a minimum disW: of 10 feet from the base of the structure. Use Zly LIMITED foundation plantings in this 10 foot trip. This... ir_ 5. D of park motor vehicles in tall dry grass — hot mutecart start fires. Not this... Y • 7. Stack firewood uphill. or on a contour. and at least 15 feet away from buildings. Remove tine fuels from the vicinity of the firewood. • 8. Place one or more 10 -pound ABC -class Ere extinsuisher in the horse. A 50 -Foot garden hose connected co the hoc water heater drain is useful in the event of a tire emergency inside the horse. 9. Install power and telephone lines underground. If burying the lines is not possible, keep branches clear of them. 10. Thin out continuous brush and trees within 30 feet of homesite (increase this distance if your home is located on a slope). Adequate thinning is reached in this '`defensible space" when tree crowns are at least 10 feet distant on all sides. Isolated clumps may be permitted if the 10 foot minimum distance is increased_ This... Nor ricin... • Prune dead Limbs to a height of [0 Feet From chose trees remaining within two tree heights of all structures. In this same.area. prune live branches to 10 feet From at least half the trees. I I. Ideally, trees should be thinned for fire hazard reduction as in the tigure below. Thin heavily in the defensible space, moderately in the transition zone, and continue "normal" forest thinning in the surrounding forest. However, if thinning the surrounding forest is not planned. double defensible space area. defensible space transition space "normal" thinning Tips for pre -construction fire safety 1. When selecting a sice for a new home. consider level terrain versus hillsides. canyons. and ridges. Fires on these types of slopes are generally hotter and faster spreading. 2. Avoid flat roofs where leaves, needles, or other flammable debris will accumulate when planning or building structures. Construct roof coverings with noncombustible, Underwricer Laboratory approved materials. 3. Materials for exterior walls should have a fire resistance racing of one to two hours: stucco. brick. rock. meal siding. and concrete block meet these ratings. • 4. Locate undereave vents near the roof Line rather than near the wall to prevent heat or flames from entering. the house through these openings. • • 5. Picture windows should be of thick. temcered safety glass protected with Eire -resistive shutters which can be closed in the event of a wildfire. Protect all windows and sliding glass doors with nonflammable shutters and provide fire resistant drapes or blinds on the interior, this will help prevent radiated heat from a wildfire from igniting combustibles inside the home. 6. Minimize size and number of windows on the side of the house that would most likely be exposed co a Ere. e.z., the downhill side. Common forest fuel class recommendations • The table below contains general descriptions of common fuel types. Your property probably will have a combination of two or more types. Select the type that most closely describes your situation. and follow recommendations for defensible space. They are designed to reduce fire hazards within the defensible space without adversely affecting the property's aesthetic appeal. Ladder fuels are vegetation which may allow a fire to bum from ground level to lower tree branches. They can include grass. brush. small trees: shrubs. and low branches. This type of fuel arrangement is very dangerous in wildfire situations but can be easily corrected by landowners. Modifications include reducing ground fuels, thinning low vegetation. and pruning tree branches to a height of l0 feet from ground level to remove one "step" in the ladder, thus decreasing the probability of flames reaching tree crowns. Fuel CIasses Description Expected Fire Behvavior Action Required • Brush Continuous dense fuels. 1.5 to 10 feet high: fire control is difficult due to tough. numerous stems which resist cutting.: strong. root systems make brush difficult to clear or grub out. Medium to high intensity: may throw sparks ahead of fire causing several small ones: fire spread is moderate co extreme: excellent ladder fuel. These areas are difficult to modify, but can be thinned: only small patches of brush allowed in defensible space: no brush should be left within 10 feet of structure: cut during growing season to limit sprouting: (sprouts may require chemical treatment). Trees — Low Density Open conifer stand with less than 35 percent crown cover, areas may contain grass. weeds. brush under 2 feet tall. aspen. cottonwoods. or willow. Low intensity fire: may spread rapidly. but easy to extinguish. If ladder fuels are present. follow instructions for ladder fuels (below): prune limbs up to 10 feet above ground level: eliminate debris from arca. Trees — it?edium Density Crown cover of 35-55 percent of the ground arca: tree crowns usually arc not touching: herbage and litter are present with patches of small trees artd deadwood. Moderate intensity: flare-ups occurring to many feet above tree tops: sparks may be thrown ahead of main fire: fire spread is . variable and may produce considerable heat. Remove ladder fuels: thin clumps of trees so that crowns do not couch: occasional clumps may be retained dependent upon location within defensible space: maintain a mixture of species if possible. ' Trees — Ki0ensiry Dense conifer stands of more than 55 percent crown cover. brush understory. or ladder fuels: crowns are usually touching. High intensity: frequent flare-ups higher than tree. tops: "crown" fires possible: sparks may be thrown far ahead: these very hoc tires can spread rapidly and are difficult to control: if fire is in crown. actual control may be impossible. Remove ladder fuels: thin trees in defensible space so no crowns touch: if home is surrounded by high-density tree stand. no clumps are recommended within defensible space: maintain a mixture of species if possible. n this table. "crown cover" refers to the amount of ground area measured per acre that is covered by tree crowns. :s viewed from above. • How slope affects defensible space As heat rises. fuels on slopes preheat and ignite quickly, causing wildfires co travel faster upstope. Therefore. enlarge defensible space around homes on slopes - particularly on the downhill side. Defensible space size will hoc affect fuel modification recommendations: it.will only increase the area to be completed for tire protection. Give special attention to ladder fuels on all sloping terrain. Minimum defensible space recommendations: Level Terrain Thinned 30% Slope Tinned 55% Slope Compared w level terrain. rate of fire spread increases by four. The increase in defensible space size is based on increased race of fire spread at the listed slopes. If you live on slopes ocher than chose listed. use the slope chart to help determine your side and downhill dimensions. However. if the forest surrounding the defensible space has not been thinned. double these sizes. 50 =o 30 10 0 30 35 40 45 50 55 60 65 70 30 90 100 Example: If your home is struated on a 20 porters slope. defenstblc space cl;menstons would be 40 feet uphill and to the Water supplies can make a difference Without water. fire suppression is difficult at best. Homeowners should have a ready reserve of water co begin fire suppression as soon as a blaze is detected. Especially in wildland or forest fires. developing water supplies for use by local fire agencies may be the difference between saving a home or watching it bum. .,vailabiliry of an emergency water supply is critical considering the time it may take fire agencies to respond. Some fire districts or protection areas are so large that response time can be 15 minutes or more after the alarm. And, while many rural fire departments carry water on their (rucks. more may be needed for complete suppression. As a landowner. consider 1) hydrants. 2) cisterns. 3) ponds.. and 4) screams as wacer supply sources for your property: Some subdivisions are planned with fire hydrants or cisterns strategically placed throughout the development. Water sources should have: • sufficient storage for adequate fire protection. :s well as domestic needs: • be situate away from the home: and • be equipped with sufficient hose to reach all parts of the residence. The hose should have an adjustable nozzle for spray or straight stream wacer application. If water hydrants are noc available. an underground storage tank of 1.000 gallons or more is recommended. These cisterns can be separate from or part of domestic water storage and should be installed deep enough noc to freeze. Streams or ponds can be very useful as a source of water in an emergency. But. because winter freezing can limit chis water's availability, establish methods co obtain water year-round. Access to these areas is also very important and should be planned ahead of time: check with your local fire department to obtain access criteria. Whether emergency water comes from a cistern. pond. or scream. methods for moving the wacer must be designed. A gasoline -powered water pump should be available as auxiliary power in the event of an electrical outage. Adequace hose and nozzles should also be on hand. Mark your cistern with a sign co notify fireriohte.cs nY irs Inririnn Accessibility can your home be protected? • Properly maintained defensible space and water supplies are useless if fire vehicles cannot reach the structure. Primary roadways should provide separate routes of entrance and exit. Emergency situations may require one-way tiaffic so that residents may leave as fire vehicles arrive. Single ingress/egress impedes safe traffic flow. • Be sure co incorporate defensible space thinning along driveways and around out -buildings in addition to that around the residence. ecermine whether or not Eire vehicles can set into he driveway and near your home. If not, local fire gencies should be notified ahead of time, and mersency vehicle parking areas designated. roperly marked road signs will help firefighters onserve precious time. A prominantly displayed omeowner's name and lot number will assist mergency crews to quickly locate the site. If the riveway crosses a bridge, load limit signs should• be osted. Thinned stands reduce fere intensity. Meadows and rock outcrops provide escape areas: good access and adequate ts•cter supplies are provided for firefighting equipment. } Fire safety checklist • 1. Trees and brush are properly thinned and pruned within the defensible space: slash from the thinning is disposed of. 2. Roof and gurters are clear of debris. 3. Branches overhanging chimney area are removed. 4. Grass and, weeds are mowed within 10 feet of structures. 5. Firewood is stacked uphill and/or on a contour at least 15 feet away from the home. 6. Outdoor water supply is available complete with hose and nozzle. 7. Fire extinguishers are checked and in working condition. Q • • eway is wide enough co accommodate fire vehicles (check with Local fire department). 9. Signs are posted for identification, emergency vehicle parking area, and bridge load limits. 10. T'nere is an easily accessible tool storage area complete with rakes, hoes, axes, and shovels for use in case of fire. H. Family fire drills and fire evacuation plan have been practiced. (Escape areas should be open with good visibility all around. Meadows, rock outcrops, and wide roads are good examples.) 12. Attic, roof, and eave openings, and sides of stilt foundations, are enclosed, screened or walled up. 13. Trash and debris accumulations are removed from the defensible space. 14. A checklist for fire safety needs inside the home has also been completed (available from your local Eire department). • necessary, request assistance for this checklist from your (oval fire and/or forestry agencies. Di:e.s como[eced and/or recr;ecked May -17-99 02:04P 1 (303) 733-9802 ARTICLES OF INCORPORATION F()R FOUR MILE RANCH IIOMEOWNERS ASSOCIATION A COLORADO NON-PROFIT CORPORATION P-03 - S*, .r 4:tary 19991093520 C $ 65.00 SECRETARY OF STATE 05-17-1999 11:28:22 The undersigned, being more than eighteen (18) years of age, acting as Incorporator to organize and establish an association pursuant to the Colorado Corporation Code, as set forth in Title 7 of the Colorado Revised Statutes (hereinafter "Code"), adopts the following Articles of Incorporation. ARTICLE I Name The name of the Assocaati n is Four Mile Ranch Homeowners Associ• ion. dos s• 1a, 7 r( S i it. 6 L t w) ,v, e.✓ C.oLoi cd 0) -vaa.3 ARTICLE II Act The Association is organized under the Colorado Non -Profit Corporation Act. ARTICLE III P r:ltion The period of duration of the Association shall be perpetual. ARTICLE TV Purposes The Association has been forined to operate a common interest community pursuant to the Colorado Common Interest Ownership Act set forth in Title 38-33.3-101, et .meq- of the Colorado Revised Statutes, and the Association's objects and purposes are as follows: A. To operate the Common Interest Community ("Common Interest Community") known as the Four Mile Ranch Subdivision located in the County of Garfield, State of Colorado, in accordance with the provisions of the Declaration of Protective Covenants ("Declaration") therefor and the Colorado Non -Profit Corporation Act as they may be from time to time amended. I •VAC'',14)•1I.11.1•A>^IJJ: M.y 14 Ivuu May -17-99 02:05P • • • (303) 733-9802 P.04 K. B. The Association shall promote the health, safety, welfare, and common benefit of the restdents of the Common Interest Community. C. "i'he Association shall do any and all permitted acts and shall have and exercise any and all powers, rights, and privileges which are granted to a Common Interest Community Association under the laws of the State of Colorado, the Declaration for the Common interest Community, the Bylaws of the Association, and any other documents and/or rules and regulations promulgated thereafter or governing the Association. D. The Association shall own, operate, maintain, replace, and repair the water rights, common wells, drainage facilities, fire protection system, internal road system (including snow plowing operations), and open space common areas associated with the Four Mile Ranch Subdivision_ i=. The foregoing statements of purpose shall be construed as a statement of both purpose and powers. The purposes and powers stated in each provision shall not be limited or restricted by reference to or inference from the terms or provisions of any other provision herein contained but shall be broadly construed as independent purposes and powers limited only by the laws of the State of Colorado. ARTICLE v Powers The Association shall have all of the rights, privileges, and powers now or hereafter conferred upon nonprofit Associations by the laws of the State of Colorado or upon Associations formed to administer Common Interest Communities. The Association shall have and may exercise all powers necessary or convenient to effect any of the purposes for which the Association has been formed. in addition, hut not in limitation thereto, the Association shall have the following specifically emu -aerated powers: A. To adopt and amend Bylaws and Rules and Regulations; B. To adopt and amend budgets for revenues. expenditures, and reserves, and collect assessments for common expenses from members; C_ To hire and terminate managing agents and other employees, agents, and independent contractors; 1). To institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more members on matters affecting the Common Interest L-U959.W1.5 .M)t xvti F. ),\M M:.y Is. IV' y -2- May -17-99 02:05P Community; F. To make contracts and incur liabilities: (303) 733-9802 F. To impose charges for late payment of assessments, recover reasonable attorneys' tees and other legal costs for collection of assessments, and other actions to enforce the powers of the Association, regardless of whether suit was initiated and. after notice and an opportunity w be heard, levy reasonable fines for violation of the Declaration, Bylaws, and Rules and Regulations of the Association; G. To impose reasonable charges for the preparation and recordation of the amendments to the Declaration or statements of unpaid assessments; H. To provide for the indemnification of its officers and members of the Executive Board and maintain Executive Board's and officers liability insurance; and I_ To assign its right to future income, including the right to receive common expense assessments. but only to the extent that thc Declaration expressly so provides. ARTICLE VI Stock/Members The Association shall issue no stock but shall have members_ The classes, rights, qualifications, and the manner of election or appointment of the members are as follows: A. Any person who holds title to a lot (as defined in the Declaration) in the Common Interest Community shall be a member of the Association. There shall be one membership for each lot owned within the Common Interest Community, provided however that the open space lots owned by the Association shall not be entitled to membership. This membership shall bc automatically transferred upon the conveyance of a lot. Voting shall bc one vote per lot, and the vote to which cach membership is entitled is the vote assigned to its lot in the Declaration of the Common Interest Community. If a lot is owned by more than one person, those persons shall agree among themseRcs how a note for that lot's membership is to be cast. Individual co- owners shall not cast fractional votes_ A vote by a co-owner for the entire lot's membership interest shall be deemed to be pursuant to a valid proxy, unless another co-owner of the same lot objects at the time the vete is cast, in which case such membership's vote shall not bc counted. to any meeting where only one co-owner appears, thc co -owner's vote shall constitute thc vote of that lot. B. the members shall be of one class, owners who own lots as defined in the 1^'IYW WIGS IkMll I. 1 ‘I, Afar I3. I PRI -.3. P.05 May -17-99 02:06P . .:'= '.1�::'l • • • (303) 733-9802 Covenants. Owners shall elect all members of the Executive Board following the period of Declarant control (as both Declarant and Declarant control are defined in the Declaration). Notwithstanding anything herein contained, the Declarant of the Common Interest Community shall have additional rights as are provided under the Colorado Common Interest Ownership Act and the Declaration, including the right to appoint members of the Executive Board. ARTICLE VII Executive Board The business and affairs of the Association shall be managed by its Executive Board. The Association shall have one (1) member of the Executive Board until such time as owners other than the Declarant have the right to elect members of the Executive Board, in which event the Executive Board shall consist of no less than two (2) members. The exact number of the Executive Board shall be determined in accordance with the Bylaws. The name and address of the initial member of the Executive Board who .shall serve until the first meeting of the Executive Board and until his successor shall be elected is as follows: Russell T. Colodny 1205 South Platte River. Suite GL -100 Denver, Colorado 80223 ARTICLE VIII Declarant cont col; Declarant Riebt lo Appoilit Members to Executive Board The Declarant or persons designated by Declarant, subject to certain limitations contained in the Colorado Common Interest Ownership Act and the Declaration, may appoint and remove the officers and members of the Executive Board. The period of Declarant control terminates no later than either: (t) sixty (60) days after conveyance of seventy-five percent (75 %) of the lots that may be created to owners other than the Declarant; or (2) two (2) years after the last conveyance of a lot by Declarant in the ordinary course of business. The Declarant may voluntarily surrender the right to appoint and remove officers and members of the Executive Board or terminate the period of Declarant control, but in that event the Declarant may require, for the duration of the period of tirne of Declarant control, that specified actions of the Association or the h xecutive board, as described in a recorded instrument executed by the Declarant be approved by the Declarant before they become effective_ Notwithstanding any of the foregoing, not later than sixty (60) days after the conveyance of twenty-five percent (25%) of the lots that may he created to owners other than Declarant at least one member, and not less than twenty-five percent (25%) of the members of the Executive Board shall be elected by 1:•.t »WfSI.I VA ;KW }n8 M•) ta l :790 -4- P_06 May -1/-99 02.06P • • • • (303) 733-9802 P.07 r. owners other than Declarant. Not later than sixty (60) bays atter conveyance of fifty percent (50%) of the tots that may be created to owners ocher than Declarant, not less than one-third (1/3) or the members of the Executive Board must be elected by owners other than Declarant. ARTICLE IX J3 } p w.s The initial Bylaws of the Association shall be adopted by the Executive Board. ARTICLE X Indemnity The Association shall indemnify its members of the Executive Board and officers to the full extent permitted by Colorado law and the Code. The personal liability of a member of the Executive Board to the Assoeiation for monetary damages for breach of fiduciary duty a.s a rneinber of the Executive Board isiimited to the full extent provided by Colorado law or the Code. The members of the Executi' e Board, officers, and employees of the Association shall not, as such, be liable on its obligations. Members of the Executive Board shall not be liable for actions taken or omissions made in the performance of corporate duties except for wanton and wilful acts or omissions or except for such liability as may be specifically imposed by the laws of the State of Colorado. .ARTICLE, XI Rpj tered Agent The address of the initial registered office of thc Association is 1205 South Platte River, Suite GL -100, Denver, Colorado 80223, and the name of thc initial registered agent of the Association at such address is Russell T. Colodny. ARTICLE X11 mnendment The Association reser:es the right to amend. alter, or repeal any provisions contained in, or to add any provisions to, i(s Articles of Incorporation from time to time, in any manner now or hereafter prescribed or permitted by the Code, and all rights and powers conferred upon May IA. 1999 -5- May -17-99 02 07P • (303) 733-9802 P.08 ;t':. Iliir members of the Executive Board hereby arc granted subject to this reservation. The specific provisions governing the arnendinent of these Articles shall be contained In the Bylaws. ARTICLE XIII Distribution of AcSoS on Dissolut ion The assets of. the Association when it dissolves shall be applied and distributed as follows: A. All liabilities and obligations of the Association shall be paid and discharged, or adequate provisions shall be made therefor. B. Assets held by the Association on condition requiring return, transfer, or conveyance, which condition occurs by reason of the dissolution. shall be returned, transferred, or conveyed in accordance with such requirement. C. The balance of assets of clic Association shall be distributed to the members in accordance with their allocated interests as that term is defined in the Declaration. ARTICI,F XIV Jncorporator • The name. street address, and zip code of the Incorporator of the Association is as follows: Russell T. Colodny 1205 South ['latae River, Suite IOTA Denver, Colorado 80223 IN WITNESS WHEREOF, the undersigned, being the Incorporator herein of these Aruc1cs of Incorporation, has executed them this 17th 4ay of May, 1999. F•'• 1 ^94.,4•'5 /'.11 W14M11.1..Ink N,) 17. 1444 • -6- \\, f/' Russell i. Colodny May -17-99 02:07P (303) 733-9802 ... .r: _:•.i ei�... :i. Illi' • The undersigned hereby accepts his appointment as Registered Agent of the Association. \V� Russell T. Colodny STATE OF COLORADO ) ) ss. COUNTY OF vtl' ) Acknowledged. subscribed, and sworn to before me this 1 ihday of May, 1999, by Russell T. Colodny. MY COMMISSION WITNESS my hand and official ,.FIRES 12/29/2002 My Commission expires: • 1 U 40ohµ't a t t)nVktitl t J. It Hay 14 0'49 9 • P_09 -7- May -17-99 02:04P • STATE tiF 187 DEPARTMENT OF STATE CERTIFICATE (303) 733-9802 P_O2 I, VICTORIA BUCKLEY, SECRETARY OF STATE OF THE STATE OF COLORADO HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE • FOUR MILE RANCH HOMEOWNERS ASSOCIATION (COLORADO NONPROFIT CORPORATION) FILE # 19991093520 WAS FILED IN THIS OFFICE ON May 17, 1999 AND HAS COMPLIED WITH THE APPLICABLE PROVISIONS OF THE LAWS OF THE STATE OF COLORADO AND ON THIS DATE IS IN GOOD S:':.NDIPIG AND AUTHORIZED AND COMPETENT TO TRANSACT BUSINESS OR TO CONDUCT ITS AFFAIRS WITHIN THIS STATE. Dated: May 17, 1999 SECRETARY OF STATE • • AGREEMENT THIS AGREEMENT is made and entered into this day of , 1999, by and between THE FOUR MILE RANCH DEVELOPMENT COMPANY, a Colorado corporation (hereinafter "Owner/Subdivider") and the FOUR MILE RANCH HOMEOWNERS ASSOCIATION, a Colorado non-profit corporation (hereinafter "Association"); WITNESSETH: WHEREAS, Owner/Subdivider is the owner and developer of certain real property located within Garfield County, Colorado, to be known as the Four Mile Ranch Subdivision; and WHEREAS, a Final Plat (hereinafter "Final Plat") for the Four Mile Ranch Subdivision is recorded in the Office of the Clerk and Recorder of Garfield County as Reception No. ; and WHEREAS, a Declaration of Protective Covenants, Conditions, and Restrictions (hereinafter "Declaration") for the Four Mile Ranch Subdivision is recorded in Book at Page _ as Reception No. , which sets forth the rights and obligations of the Owner/Subdivider and the Association in regard to the Subdivision's potable and raw water supply facilities, internal road system, utilities, common areas, landscaping, recreational facilities, open space easement and other Subdivision facilities; and WHEREAS, a Subdivision Improvements Agreement (hereinafter "SIA") was entered into between the Owner/Subdivider and Garfield County in regard to the Four Mile Ranch Subdivision recorded in Book _ at Page _ as Reception No. , which also sets forth the obligations of the Owner/Subdivider with respect to the construction of the Subdivision's potable and raw water supply, internal road system, utilities, common areas, landscaping, recreational facilities, and other Subdivision facilities; and WHEREAS, the parties hereto wish to enter into an agreement between themselves in order to reflect each other's duties and responsibilities in regard to control and regulation of such Subdivision components pursuant to the Declaration and the SIA previously executed. NOW, THEREFORE, for and in consideration of the mutual promises contained herein, the parties agree as follows: F: \1999\0411<tifatilLWILIECK&Four Mile Agt.wpd June 24. 1999 0 1. The Owner/Subdivider shall execute a Quit Claim Deed simultaneously herewith quit claiming to the Association the following: a. Four Mile Ditch located on Four Mile Creek tributary to the Roaring Fork River, Water Division No. 5, State of Colorado: • • FOUR MILE DITCH Adjudication Date Appropriation Date Case Number Grantor's ownership interest in c.f.s. Total Amount of Decree 5/11/1889 12/29/1913 8/25/1936 10/24/1952 11/6/1881 12/7/1903 5/15/1919 6/1/1920 132 1475 3082 4033 1.6 .8 2.0 2.72 3.2 1.6 4.0 5.44 b. Colorado Division of Water Resources Well Permit Nos. 050790-F and 051103- F. c. 34.21 acre-feet per year of water associated with West Divide Water Conservancy District Water Allotment Contract No. 970122FMRJV(b), pursuant to the Application of Change of Ownership filed with the District in regard to said contract. d. All roads and utilities, as well as all access, road, utility and easements within the Four Mile Ranch Subdivision, shown and described on the Subdivision Final Plat. e. The open space easements, common area lots, trail easements and recreational facilities within the Subdivision, shown and described on the Subdivision Final Plat. f. The potable and raw water facilities and all appurtenances thereto, including without limitation, water storage tanks, wells, ditches, pipelines, pump houses, etc. 2. The Association agrees to accept such conveyances set forth in Paragraph 1, above, and agrees to own, operate, maintain, repair, and replace said water rights, roads, utilities, easements, common areas and recreational facilities for the benefit of the lot owners of the Subdivision in strict compliance with the terms and conditions of the following: F:\1999\WP5l\FOURM1LE.3AG June 24. 1999 Please return to: Leavenworth & Tester, P.C. -2- P.O. Drawer 2030, Glenwood Springs, CO 81602 • a. All documents of approval of the Four Mile Ranch Subdivision as approved by Garfield County and as referenced in Resolution No. b. The conditions as set forth in or otherwise attached to the Subdivision well permits, the water rights decrees and the water allotment contract with the West Divide Water Conservancy District. 3. The Owner/Subdivider agree to complete the obligations set forth in the SIA and to install those improvements within the Subdivision in accordance with such Agreement. 4. The Owner/Subdivider hereby assigns to the Association any and all guarantees and warranties associated with the facilities and improvements conveyed to the Association which the Owner/Subdivider has received or shall receive. 5. Except as expressly provided herein, the Association herein agrees to indemnify and hold harmless the Owner/Subdivider and its agents for any claims associated with the conveyance, use, operation, maintenance, repair, and replacement of the easements, potable and raw water facilities, and all property conveyed to the Association as described in Paragraph 1, above. The Association agrees to comply with the terms and conditions of, and hereby assumes the Owner/Subdivider's obligations under the agreements and instruments set forth in Paragraphs 1 and 2, above. 6. Subject to the Owner/Subdivider's obligation in Paragraph 3, by accepting the herein -described property, easements, facilities, and all related obligations, responsibilities, duties, and requirements, the Association herein releases the Owner/Subdivider and it agents from all future responsibility, liability, or obligation accompanying or associated with the Subdivision property and facilities conveyed as described in Paragraphs 1 and 2, above, and releases the Owner/Subdivider from any and all claims that may hereafter be made with respect to such items, the Association accepting such property "as is" without guarantee or warranty from the Owner/Subdivider of any kind. Nothing in this paragraph is intended to waive the Owner/Subdivider's obligations set forth in Paragraph 3, above. 7. This Agreement shall be binding upon and inure to the benefits of the heirs, successors, and assigns of the parties hereto. 8. This Agreement shall be recorded with the Clerk and Recorder of Garfield County, Colorado. F:\1999\WP51\FOURMILE.3AG June 24, 1999 Please return to: Leavenworth & Tester, P.C. -3- P.O. Drawer 2030, Glenwood Springs, CO 81602 IN WITNESS WHEREOF, this Agreement is executed on the day and year set forth above. By STATE OF COLORADO ) ) ss. COUNTY OF ) THE FOUR MILE RANCH DEVELOPMENT COMPANY . Lester B. Colodny, President Acknowledged, subscribed, and sworn to before me this day of 1999, by Lester B. Colodny as President of The Four Mile Ranch Development Company. WITNESS my hand and official seal. My Commission expires: F:\1999\WP5I\FOURMILE.3AG June 24. 1999 Notary Public Please return to: Leavenworth & Tester, P.C. -4- P.O. Drawer 2030, Glenwood Springs, CO 81602 • QUIT CLAIM DEED THIS QUIT CLAIM DEED made this day of , 1999, between THE FOUR MILE RANCH DEVELOPMENT COMPANY, a Colorado corporation (hereinafter "Grantor"), and the FOUR MILE RANCH HOMEOWNERS ASSOCIATION, a Colorado non- profit corporation (hereinafter "Grantee"); WITNESSETH: That the Grantor, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, assigned, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the Grantee, its successors and assigns, forever, all the right, title, interest, claim and demand which the Grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado, described as follows: See Exhibit A attached hereto and incorporated herein by this reference. TO HAVE AND TO HOLD the same, together with all and singular appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, its successors and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. F:\1999\124:12futhEet11300110NY-Four Mile QCD.wpd lune 24. 1999 By THE FOUR MILE RANCH DEVELOPMENT COMPANY Lester B. Colodny, President s STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Acknowledged, subscribed, and sworn to before me this day of 1999, by Lester B. Colodny as President of The Four Mile Ranch Development Company. WITNESS my hand and official seal. My Commission expires: F:\ 1999\ DiRvME(iltIROQ®DNY-Four Mile QCD.wpd June 24, 1999 -2- Notary Public • EXHIBIT A TO QUIT CLAIM DEED 1. Four Mile Ditch located on Four Mile Creek tributary to the Roaring Fork River, Water Division No. 5, State of Colorado: FOUR MILE DITCH Adjudication Date Appropriation Date Case Number Grantor's ownership interest in c.fs. Total Amount of Decree 5/11/1889 12/29/1913 8/25/1936 10/24/1952 11/6/1881 12/7/1903 5/15/1919 6/1/1920 132 1475 3082 4033 1.6 .8 2.0 2.72 3.2 1.6 4.0 5.44 2. Colorado Division of Water Resources Well Permit Nos. 050790-F and 051103-F. 3. 34.21 acre-feet per year of water associated with West Divide Water Conservancy • District Water Allotment Contract No. 970122FMRJV(b), pursuant to the Application of Change of Ownership filed with the District in regard to said contract. • 4. All roads and utilities, as well as all access, road, utility, and easements within the Four Mile Ranch Subdivision, shown and described on the Subdivision Final Plat therefor, recorded , as Reception No. , in the Office of the Garfield County Clerk and Recorder. 5. The open space easements, common area lots, trauk easenents and recreational facilities within the Subdivision, shown and described on the Subdivision Final Plat recorded , as Reception No. in the Office of the Garfield County Clerk and Recorder. 6. The potable and raw water facilities and all appurtenances thereto, including, without limitation, water storage tanks, wells, ditches, pipelines, pump houses, etc. F:\ 1999\8(Rfu iaE6IUROQ®DNY-Four Mile QCD.wpd June 24, 1999 -3- SUBDIVISION IMPROVEMENTS AGREEMENT FOUR MILE RANCH SUBDIVISION f , 1999, by and THIS AGREEMENT is made and entered into this day ot THE FOUR MILE RANCH DEVELOPMENT COMPANY, (hereinafter "Owner") and the BOARD OF COUNTY COMMISSIO 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 Four Mile Ranch Subdivision, more particularly described on Exhibit A attached hereto and incorporated herein by reference, including all tenements and hereditaments thereto; and WHEREAS, approval for the preliminary plan for the Four Mile Ranch Subdivision was obtained under the terms and conditions set forth in County Resolution No. 98-13; and a Colorado corporation NERS OF GARFIELD WHEREAS, Owner submitted to the County for Mile Ranch Subdivision (hereinafter "Final Plat"), , 1999 as Reception No. and Recorder's office; and its approval the Final Plat for the Four recorded simultaneously herewith on in the Garfield County Clerk WHEREAS, as 'a condition of approval of the Final Plat 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 agreed to enter into a Deposit Agreement with the County to secure and guarantee the performance of this Agreement by Owner, and has agreed to certain restrictions and conditions regarding the issuance of hbuilding permits, certificates of occupancy and sale of properties, all as more fully set forth NOW, THEREFORE, for and in consideration of the premises and the following mutual covenants and agreements, the parties hereby agree as follows; 1. Final Plat Approval. The County hereby accepts and approves the Final Plat, subject to the terms and conditions of this Agreement, as well as the terms and conditions of the Preliminary Plan approval, and the requirements of the Garfield County Zoning and subdivision Regulations. F:\ 1999\ Agreements\COLODNI -Four Mile SIA.wpd December 15. 1999 -1- 2. Owner's Performance. Owner has constructed and installed or shall cause to be constructed and installed, at its own expense, those improvements required through Resolution No. 98-13, this Agreement, the Final Plat, and all Garfield County Zoning and Subdivision Regulations. Those improvements shall be completed on or before one (1) year from the date of this Agreement. Additionally, the Owner shall comply with the following: A. All plat documents submitted prior to or at the time of the final plat approval, including as -built drawings of all improvements completed prior to execution of this Agreement, which plat documents are incorporated herein by referenced, and made a part of this Agreement; B. All requirements of Resolution No. 98-13, including all requirements of the Garfield County Zoning Code and Garfield County Subdivision Regulations; 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. Construction Drawings submitted at Preliminary Plan, twenty-two sheets, prepared by High Country Engineering, Inc., Project No. 96098.01, dated October 21, 1998. 2. Four Mile Ranch Subdivision Off -Site Improvements, 9 sheets, prepared by High Country Engineering, Inc., Project No. 96098.04, dated May 13, 1999. 3. All recreational facilities, including the public trail and bike path and private trail, as designated on the Preliminary Plat, 3 sheets, prepared by High Country Engineering, Inc., Project No. 96098.01, dated September 23; 1997. The County agrees that if all improvements are installed in accordance with this Agreement, final plat documents, and 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 Agreement, and the F:\1999\Agreements\COLODM'-Four Mile S1A.wpd December 15. 1999 -2- requirements of the Preliminary Plan, then the Owner shall be deemed to have satisfied all terms and conditions of the Zoning and Subdivision Regulations of Garfield County, Colorado. 4. Security for Improvements. On or before the date of the recording of the Final Plat with the Garfield County Clerk and Recorder, the Owner and the County shall enter into a Deposit Agreement, a copy of which is attached hereto as Exhibit E and incorporated herein by this reference, which shall secure the improvements for the subdivision to the extent that such improvements have not been certified as complete and in compliance with existing regulations. The extent of the improvements certified as complete are set forth in Exhibit B, attached hereto. The extent of the uninstalled or uncompleted improvements, the cost of which is certified by a licensed engineer, Joe Hope, is set forth in Exhibit B, attached hereto. The Deposit Agreement will govern all security for improvements related to the Subdivision, and such Deposit Agreement shall operate in lieu of a letter of credit. 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 requirements of this Agreement, including all Final Plat plans, and shall be stamped upon as -built drawings by said professional engineer where applicable. The cost of the landscaping improvements has been set forth in Exhibit B, attached hereto, and specifies an amount sufficient to provide for full revegetation of the landscaping required by the Preliminary Plan. The Deposit Agreement set forth above must provide security for all costs of landscaping. The certificate of completion for landscaping improvements shall set forth the costs of revegetation, and such amount shall be retained as security for a period not to exceed one (1) year after such completion. At the conclusion of that one (1) year period, the amount of security retained for landscaping shall be released by the County upon receipt and acceptance of a certified letter from a landscape professional that such landscaping is complete and is no longer in need of revegetation. After certification of completion of improvements by the Owner, if the County determines that the improvements are not constructed in compliance with relevant specifications, it shall furnish a letter of potential deficiencies to the Owner within fifteen (15) days. If the letter is not furnished within fifteen (15) days, all improvements certified shall be deemed accepted, and the County shall release the appropriate amount of security as such relates to the completed and certified improvements. If a letter of potential deficiencies is furnished by the F: \ 1999\Agreements \COLODNY-Four Mile SIA. wpd December 15. 1999 -3- (0 County, the County shall have thirty (30) days 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 the remaining funds together with accrued interest 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 Deposit Agreement. The County may, at its sole option, permit the Owner to substitute collateral other than the Deposit Agreement acceptable to the County for the purpose of securing the completion of the improvements as hereinabove provided. No final plat shall be recorded pursuant to this Agreement, until Deposit Agreement in a form acceptable to the County, and in an amount acceptable to the County, has been received and approved by the County. 5. Waste Water System. All easements and facility sites shall be indicated as dedicated to the City of Glenwood Springs on the Final Plat or Pre -Annexation Agreement. The language of dedication shall further indicate that dedication will be completed through conveyance of the easements and the real property constituting the site of the treatment plant by general warranty deed in a form acceptable to the County. In addition to certification by Owner's engineer that the public utilities are completed, Owner will show evidence of approval of the sewer lines by the City of Glenwood Springs and conveyance by Bill of Sale or other acceptable form for the off-site improvements. 6. Roads. All roads and public right-of-ways shall be dedicated to the County but maintained by the Four Mile Ranch Homeowners Association on the Final Plat. The homeowners association 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. 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. However, 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 to notify and provide such written F:\ 1999\ Agreements \COLODNY-Four Mile SIA.wlxl December 15. 1999 -4- option to the Owner shall extinguish the County's rights under this paragraph. Nothing hereinstated 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. 8. School Impact Fees. The parties recognize and agree that the approval of the Final Plat constitutes approval of 58 single family lots for a total of 58 dwelling units. The parties agree that school impact fees shall be determined to be $200.00 per dwelling unit. The Owner specifically agrees that it will be obligated to pay the same, herein accepts that obligation, and waives any claim that it is not so obligated or required to pay school impact fees. The Owner agrees the subsequent to recording of the Final Plat, the Owner will not claim, nor is the Owner entitled to, a reimbursement of the school impact fees paid in conjunction with this Subdivision Improvements Agreement. 9. Sale of Lots. No lots within the proposed subdivision that is the subject of this Agreement shall be conveyed prior to recording of the final plat. 10. Issuance of Building Permits. As one remedy for breach of this Agreement, the County may withhold issuance of building permits for any structure within the subdivision, pending full compliance with the terms set forth herein. The parties also 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 subdivision improvements, until the water distribution systems have been completed and are operational, as required by this Agreement. Finally, the Owner herein agrees that prior to the conveyance of any lot within this subdivision, Owner's listing broker shall will verify that each prospective purchaser of a lot signed a copy of Exhibit C attached hereto, notifying the owner of the foregoing restrictions upon issuance of building permits and certificates of occupancy and of the County's Right to Farm Policy. In addition, Owner's closing agent shall verify that the prospective purchaser has signed Exhibit C's acknowledgment line on the disclosure form at closing. 11. Enforcement. In addition to any rights which may be provided by Colorado statute, it is mutually agreed that the County dr any purchaser of a lot within the subdivision shall have the authority to bring an action in the District Court of Garfield County, Colorado, to compel enforcement of this Agreement. erms 12. Consent to Vacate Plat. Inathe event terms ofe O Preliminary Planwner fails to Ply with the the Countyshall of this Agreement, includinthe F:\ 1999\ Agreements\COLODNY•Four Mile SIA.wpd December 15. 1999 -5- have the ability to vacate the final plat as it pertains 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. 13. Binding Effect. This Agreement shall be a covenant running with the title to each lot within the Final Plat, and the rights and obligations as contained herein shall be binding upon and inure to the benefit of the Owner, its successors and assigns. 14. Recording. Upon execution and authorization by the County, the Owner shall record this Agreement with the Office of the Clerk and Recorder for Garfield County, Colorado. 15. 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. 16. 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. 17. 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 The Four Mile Ranch Development Company 1205 South Platte River Drive, Suite GL -100 Denver, CO 80223 With a copy to: Loyal E. Leavenworth, Esq. Leavenworth & Tester, P.C. 1011 Grand Avenue P.O. Drawer 2030 Glenwood Springs, CO 81601 F:\1999\Agreements\COLODNY-Four Milt SIA.wpd December 15, 1999 -6- Entered into the day and year first above written. THE FOUR MILE RANCH DEVELOPMENT COMPANY, a Colorado corporation ATTEST: By: BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO ATTEST: By: Chairman Clerk to the Board STATE OF COLORADO ) ) ss COUNTY OF ) Acknowledged, subscribed, and sworn to before me this day of 1999, by , as on behalf of The Four Mile Ranch Development Company. WITNESS my hand and official seal. My Commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF ) Acknowledged, subscribed, and sworn to before me this day of 1999, by , as Chairman of the Garfield County Board of County Commissioners. WITNESS my hand and official seal. My Commission expires: F:\1999\Agrecments\COLODNY•Four Mile S1A.wpd December 15, 1999 -7- Notary Public EXHIBIT A A PARCEL OF LAND SITUATED IN THESW1 4NE1/4, THE/SEA/DNHE4NWTHE OF SW1/4 AND THE SEI/4 OF SECTION 27AND IN THE SECTION 34, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF COLORADO; THE SIXTH PELNBEPNG MERIDIAN; COUNTY OF GARFIELD, STATE MORE .PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SEC�IONE27;0THEN7CE N 86'28FEET'35 W ALONG THE EAST—WEST CENTERLINE OF SAID O A POINT ON THE EASTERLY RIGHT—OF—WAYTOFNCOUNTY LTYVROADG SNO. 117 (FOUR MILE ROAD), • .• ► kk k56 44 W _ EAST—WEST CENTERLINE N THENCE LEAVING YRIGHT—OFNCEY RIGHT—OF—WAY 36.69 FEET;" N 73'20"59" E 38.23 FEET; THENCE ENCENN885060,08"E E6785186FEET; F�ETTTA N 86'20'37" E 270.00 FEET; TH REBAR & CAP L.S. #6973 IN PLACE; THENCE S 54'17'37" E 186.62 FEET TO A REBAR & CAP L.S. 16973 IN PLACE; THENCE S 53'49'22" E 151.66 FEET TO A REBAR & CAP'L.S. 16973 IN PLACE; THENCE S 43'17'21" E 231.65 FEET TO A REBAR & CAP L.S. #6973 IN PLACE; THENCE S 13'45'28" E 432.09 FEET; THENCE S 09'31';3E 73FEET TO A POIREB� le THE SOUTHERLY LINE OF THE N1/2SE /4 OFSAID SECT/ON 27, L . S . �r544 7 . I N PLACE; THENCE S 88'26'43" SA' E ALONGLY G SLANE S 01ID HERL 34" W 750 13 0LINE 337.95 FEET; THENCE LEAVING FEET; THENCE S 88'24'24" E 293.01 FEET TO A P0OINT'O47"THE WALONG EASTERLY LINE OF THE SW1/4SE1/4 OF SAID SECTION 27; THENCE EASTERLY LINE 593.22 FEET TO THE EAST 1/16TCORNERNO79SECTIONSW 27 AND 34; THENCE S 08'36'18" W 691.41 FEET; 447.68 FEET; THENCE N 84'09:51 � W 295:98 FEET; THENCE N 83'37'23" W FEET; THENCE N 83'37'26" W 279.76 FEET; THENCE N 83'46 47 W 3 309.58 FEET; THENCE N 84'01'09" W 354.18 8DFEET FEET POINT ONANHE EASTERLY RIGHT--OF—WAY OF SAID COURSES ALONG ALUMINUM CAP IN PLACE; THENCE THE FOLLOWING FIVE (5) SAID EASTERLY RIGHT—OF—WAY: 1. N 10'48'50" W 828.56 FEET 2. ALONG THE ARC OF A CURVE TORIGHT T'2HAVING ,AARADIUSNOF 680.30 FEET AND A CENTRAL ANGLE OF DICE OF 443.34 FEET (CHORD BEARS N 07'11'40" E 435.54 FEET) 3. N 25'51'50" E 318.05 FEET 4. ALONG THE ARC OF A CURVE TO OFTHE FT 44H40IN0"A RADIUS OF 881.92 FEET AND A CENTRALOF 687.57 FEET (CHORD BEARS TN 03'3t'45" E 670.29' FEET) 5 N 19'25.'02" W 1043.51 FEET SAID PARCEL CONTAINING 138.773 ACRES, MORE OR LESS. THAT SAID OWNER HAS CAUSED THE SAID REAL PROPERTY YBTOVBEIE LAID OUT AND SURVEYED F�MILE SUBDIVISION, A /5/Gff Co�/�vr.Q NG/HE - - December 27, 1999 Mark Bean and Bob Szrot Garfield County Planning and Engineering 109 8th Street Glenwood Springs, CO 81601 Re: Four Mile Ranch — Deposit Agreement HCE Project No. 96098.04 Dear Mark and Bob: EXHIBIT B This letter is to determine the amount of the deposit agreement that will be required by Four Mile Ranch to complete Final platting as of December 21, 1999. The project has been under construction for over a year now and most of the work has been completed. To determine the remainder of the project cost, I have taken the amount of the original contract with CG&G Construction (1,700,000) less the itemized quantity of work completed to date (1,633,500) with an added contingency of 10% for unforeseen costs. Therefore, we have independently reviewed the remaining costs and in my professional opinion, the amount needed to completer the on-site work is: (S 1,700,000 — S 1,633,500) * 1.1 = S 73,150 As you know, the County, the City and the Developer met in April of 1999 and identified right-of-way issues for the reconstruction of County Road 117 with a revised vertical alignment. Furthermore, the off- site plans were submitted to the City Engineer for review in May of 1999.. To date, as we discussed at the meeting on December 20, 1999, the County has made no progress toward a decision regarding right- of-way acquisition. The City reviewed the off-site plans and provided The Four Mile Ranch Development Company with a delayed response on December 10, 1999. The approved Preliminary Plan provided that in lieu of road impact fees, the Developer would reconstruct County Road 117 to the Midland intersection to the same road section as constructed by the County adjacent to the Four Mile property to the extent of available right-of-way. Therefore, given the late date and the time considerations, The Four Mile Ranch Development Company will construct the proposed sewer and shallow utilities within the prescribed County Road 117 easement and the existing vertical alignment. The proposed design will utilize the existing roadway platform for sewer manhole rim elevations and shallow utility depths. High Country Engineering is in the process of preparing new construction documents for this design. In my professional opinion, the proposed off-site utility installation and roadway improvements will cost approximately $ 303,433.00. With an added contingency of 10% for unforeseen costs, the total projected cost is: S 303,433.00 * 1.1 = S 333,776.30 West Canyon Tree Farm, Inc. has also estimated that the cost to landscape the on-site portion of the Four Mile Ranch Subdivision to be approximately 5127,703.80. 923 COOPER AVENUE • GLENWOOD SPRINGS, COLORADO 81601 Telephone (970) 945-8676 • Fax (970) 945-2555 • • • Mark Bean and Bob Szrot Re: Four Mile Ranch — Deposit Agreement HCE Job No. 96098.04 December 23, 1999 Page 2 of 2 Therefore, the total deposit agreement for this project should be: S 73,150+ S 333,776.30+ S 127,703.80 = S 534,630.10 If you have any questions or comments, please feel free to contact me. Sincerely, ;\ rEa/���� HI c__ ...�Y�E J'c� EEjRING, INC. Joe D.4 -lo e, P .. • Projec � i�ager C+cc �v_ O • v\ 11 FSS/0N.A\;'�.� cc: Lee Leavenw9rth December 15. 1999 FOUR MILE RANCH SUBDIVISION SUMMARY OF CONTRACTOR'S BID AND'REMAINMG COST TO DATE AS.PER CG&.G'SBID .,....t...a.....2 QUANTITY UNIT COST COST REMAINING COST Crraduig med Earthwork y77777' -7 Mobilization Earthwork Water Tank Base Prep. (Earthwork and Prep) 4' Asphalt 6" Class 6 ABC 2' Curb & Gutter 4' Concrete Sidewalk Flatwork (Cross Pans - 480 S.F.) Emergency Access 6" Class 6 ABC Bike path 4' Class 6 ABC -Bike Path 2.5' Asphalt -Bike Path 4' Class 6 ABC -logging Trail Rock Lining for Channels (12' minus) 'Stornt_Drr'_ '... 30' ADS N-12 (48 L.F.) 36' ADS N-12 (66 L.F.) 18' ADS N-12 (52 L.F.) 30' Mitered End 36" Mitered End 18' Mitered End Rock Lining for Channels binneSh':Water' -price includes trenching and fittings 8' DIP Waterline (6900 L.F.) 8' Gate Valve 10' DIP Waterline 10' Gate Valve 3/4' Water Service 10'x8' Reducer Fire Hydrant Assembly Air Vac Pump House Pump House Appurtenances Water Tank (300.000 gal) Steel et Appurtenances 'ewer 717-771 'price includes trenching and finings 4' Dia. Manhole 8' SDR 35 Sewerline (7210 L.F.) Tie into Existing Sewer Line 4' Sewer Service b7tcllow,:Utr7rdss,.:� Electric Vault (6l) Natural Gas line (6700 L.F.) Eke/Tele/Cable (Trench & Conduit -10270 L.F.) 1 L.S. 0.00 0.00 0.00 I L.S. 50.000.00 50,000.00 1.000.00 I L.S. 17.500.00 17.500.00 0.00 15860 S.Y. 10.25 162.565.00 0.00 3900 C.Y. 18.00 70,200.00 0.00 11330 L.F. 12.00 135.960.00 0.00 43870 S.F. 4.00 175.480.00 500.00 I L.S. I ,800.00 1,800.00 1.000.00 395 C.Y. 18.00 7,110.00 1,000.00 1 L.S. 9,180.00 9,180.00 0.00 350 C.Y. 16.00 5,600.00 0.00 3065 S.Y. 4.00 12.260.00 0.00 510 C.Y. 16.00 8,160.00 4,000.00 650 S.F. 56.00 36,400.00 0.00 1 L.S. 1.728.00 1,728.00 0.00 1 L.S. 1,518.00 1.518.00 0.00 1 L.S. 1,404.00 1.404.00 0.00 2 Each 350.00 700.00 0.00 4 Each 200.00 800.00 800.00 4 Each 300.00 1,200.00 1,200.00 650 S.F. 18.00 11,700.00 500.00 1 L.S. 182.280.00 182 80.00 2.000.00 14 Each 400.00 5,600.00 0.00 1100 L.F. 37.00 40,700.00 0.00 4 Each 800.00 3,200.00 0.00 58 Each 750.00 43.500.00 0.00 2 Each 270.00 540.00 0.00 12 Each 1.750.00 21,000.00 0.00 4 Each 1.250.00 5.000.00 0.00 1 Each 25.000.00 25,000.00 0.00 1 L.S. 25,000.00 25,000.00 3.000.00 1 L.S. 100,000.00 100,000.00 35,000.00 35 Each 2.000.00 70.000.00 0.00 1 L.S. 222.880.00 222.880.00 1.000.00 1 Each 250.00 250.00 0.00 58 Each 750.00 43,500.00 0.00 1 L.S. 5.700.00 5,700.00 3.000.00 1 L.S. 41,940.00 41.940.00 0.00 1 L.S. 55,775.00 55,775.00 0.00 Irr 7-- tt777.4.77..4771:;:.7.1.M.; �.mf11.00 64,570.00 2,000.00 6'PVC Irrigation Main 5870 L.F.0.00 19 Each . 300.00 5.700.00 Irrigation Gate Valve 750.00 3.000.00 0.00 Irrigation Air Release Valve 4 Each 1' Irrigation Service 58 Each 200.00 11.600.0Q 0.00 Revegetate/Landscape 1 L.S. 10,000.00 10,000.00 10,000.00 Class 1 Ground Sign (7) 7 Each 150.00 1,050.00 0.00 1.000.00 500.00 Erosion and Sediment Control 1 L.S. 1.000.00 SLB TOTAL S1,700,000.00 566,500.00 109 Contingency 5170.000.00 56.650.00 TOTAL S1,870,000.00 This summary of probable construction cost was prepared for estimating purposes only. High Country Engineering, Inc. cannot be held responsible for variances from this estimate as actual costs may vary due to bid and marker fluctuations. 573.150.00 ALTERNATIVE FOUR MILE RANCH OFF-SITE IMPROVEMENTS SUMMARY OF PROBABLE CONSTRUCTION COST HCE JOB NO: 96098.04 21 -Dec -99 asf ITEM QUANTITY UNIT COST COST Grading: and Eai'ihil4nt .777:-=, , t L.S. 5,000.00 5,000.00 :Mobilization Earthwork 1 L.S. 20,000.00 20.000.00 S.Y. 3.50 13,545.00 Asphalt Stripping/Disposal 3870500 3,250.00 Road base Strjpping/Disposal 650 C.Y. 10 29000 2940 S.Y. 3.50 Chip and Seal 600 10,380.00 2" Asphalt Resurfacing 1730 S.Y. S'tOlTrsDlains `^!'{6,:jy.CMq v, =.1 42" ADS N-12 18" ADS N-12 18" ADS N-12 18" ADS N-12 18" ADS N-12 18" ADS N-12 42" Mitered End Relocate 24" CMP 135 L.F. 68.00 9,180.00 42 L.F. 35.00 1,470.00 24 L.F. 35.00 840.00 20 L.F. 35.00 . 700.00 18 L.F. 35.00 630.00 36 L.F. 35.00 1,260.00 2 Each 750.00 1,500.00 1 Each 600.00 600.00 Sewer .. _: 1 *price includes trenching and fittings 700 00 21,600.00 4' Dia. Manhole 8 Each - 8" SDR 35 Sewerline•• 2828 L.F. 30.00 84,840.00800.00 1,600.00 Tie into Existing Sewer Line 2 Each 5 Each 900.00 4,500.00 4' Sewer Service 500.00 500.00 8" SDR 35 Sewerline Stub 1 Each Shallow iJn7ttres `_.... 400.00 5,200.00 Electric Vault / Splice Bwi• 13 Each 6163 L.F. 8.00 49,304.00 Electric/Telephone/Cable 200 00 1,800.00 Power Pole Removal/Disposal 9 Each 2" Gas Line 2111 L.F. 4.00 8,444.00 :Mrscelfaneous' ' { 5.000.00 5.000.00 Revegetate/Landscape 1 L.S. 1 L.S. 5.000.00 5,000.00 Erosion and Sediment Control 7.00 7 000.00 12" Minus Rock in Place 1000 S.F. Traffic Control 1 L.S. 30,000.00 30,000.00 10% Contingency SUB TOTAL 5303,433.00 530.343.30 • TOTAL 5333,776.30 ** This summary of probable construction cost assumes that a variance is granted from the City of Glenwood Springs for Technical Specification 02221.3.09C which requires all trenching within the existing roadway to be backfilled with Class 6 aggregate. Additional site specific geotechinical information and written approval of variance from the City of Glenwood Springs will be required before construction may begin. This summary of probable construction cost was prepared for estimating purposes only. High Country Engineering, Inc. cannot be held responsible for variances from this estimate as actual costs may vary due to bid and market fluctuations. EXHIBIT C FOUR MILE RANCH SUBDIVISION DISCLOSURE FORM NOTICE TO ALL POTENTIAL LOT PURCHASERS OF THE FOUR MILE RANCH SUBDIVISION: No building permit shall be issued until adequate water is available for the Fire District's purposes at the site of construction. Further, no certificate of occupancy shall be issued for any building or structure within the subdivision improvements, until the water distribution and sewer system have been completed and are operational, as required by the Subdivision Improvements Agreement entered on , 2000. Attached hereto and incorporated herein by reference is a copy of the Garfield County's Right to Farm Policy. All residents of the Four Mile Ranch Subdivision shall comply with the County's Right to Farm Policy. ACKNOWLEDGMENT OF TERMS OF DISCLOSURE FORM dated this day of , 2000. By F:\1999\Documents\COLODNY—iMile-Disclosure Form-1.wpd Potential Lot Purchaser lay -12-99 12:58P Stella Archuleta • 970-945-7785 P.02 GARFIELD COUNTY ZONING RESOLUTION OF 1978 BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO P.O. BOX 640 GLENWOOD SPRINGS, CO 81602 Adoptcd & Enacted January 2, 1979 Effective January 2, 1979 THIS COPY INCLUDES ALL AMENDMENTS THROUGH: March 1,1999 Ly -12-99 12:58P Stella Archuleta • • 970-945-7785 P_O3 thereof. In unsubdividcd land or where a zone district boundary divides a lot or parcel, the location of such boundary, unless indicated by dimension, shall be determined by scale of the Zone District Map. What a zone district boundary coincides with a right-of-way line and said right-of-way is subsequently abandoned, the zone district boundary shall then follow the centerline of the former right-of-way. Land not part of a public nght-of-wav and which is not indicated as being in any zone district shall be considered to be included in the most iestiict d adjacent zone district even when such district is separated from the Land in question by a public right-of-way. 1.07 APPLICATION OF REGULATIONS These regulations shall apply to the entire unincorporated arca of Garfield County, Colorado. Except as hereinafter provided: No building or structure shall be erected and no existing building or structure shall be moved, removed, altered or extended, nor shall any land, building or structure be used for any purpose or in any manner other than as provided among the uses hereinafter listed in the Zone District Regulation for the district in which such land, building or structure is located; No building or structure shall be erected nor shall any existing building or structure be moved, removed, altered or extended nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the lot area, lot coverage, floor area ratio, setback and height provisions hereinafter provided in the Zane District Regulation for the district in which such land, building or structure is Located; No lot area, frontage, yard or other open space or parking provided about any building or structure for purposes of compliance with provisions of this Resolution shall be considered as providing lot arca, frontage, yard or other open space or parking for any other building or structure in the same lot or on any other lot; Uscs permitted by this Resolution shall also be subject to provisions of other applicable county and state regulations except as specifically provided herein; and further, where the provisions of this Resolution impose a greater restriction than set forth by such other regulation, the provisions of this Resolution shall govern. 1.08 Ranching, farming, and all manner of agricultural activities and operations within and throughout Garfield County arc integral elements of, and necessary for, the continued vitality of the County's history, economy, landscape, lifestyle and culture. Given their impatancc to Garfield County, western Colorado, and thc State of Colorado, agricultural lands and operations are worthy of recognition and protection. Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights,s,sounds and smells of Garfield County's agricultural operations as a normal necessary ryaThoseaspect of an urban a County with a strong rural character and a healthy sensitivity may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, noise and odor. However, State law and County policy provide that ranching, farming or other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non - negligent manna. Therefore, all must be prepared to encounter noises, odor, lights, mud, dust, smoke chcnicals, machinery on public roads, livestock on public roads, storage and .I . •sal of manure, and thc application by spraying or otherwise of chemical fertilizers. amendments, herbicides, and pesticides, any one or mare of which may naturally occur as a part of a legal and non -negligent gent agricultural operations. • 3 ly-12-99 12:59P Stella Archuleta • 970-945-7785 P_04 In additi all owners of land, whether ranch or residence, have obligations under State law and ounty regulations with rcprd to the maintenance of fences and irrigation ditches, controlling weeds, keeping hvcstock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. The Board of County Commissioners has also established a dispute resolution procedure designed to informally resolve conflicts that may arise between landowners relating to agricultural operations or activities. When you and your neighbor cannot come to an agreamat a understanding about fences, ditches, livestock, or other agricultural issues, this may be the forum you need--knowlcd: : •le mediators, solution -oriented, informal, voluntary, confidential, and without direct • • .' involvement. For further information regardingour obligations and rights under •• �s policy, you are invited to contact the Board of CountyyCommissioners of Garfield County. (A97-60) 4 • • "December 10. 1999 N[r. Mark Bean, Director Garfield County Building and Planning 109 8th Street Glenwood Springs, CO 81601 LEAVi=NWORTH & TF. TER, F Re: Four Mile Ranch Project - Off -Site Road and Utility Improvements Dear Mark: • I Have reviewed the Off -Site Improvements plans for the Four Mile Ranch Subdivision. consisting of 9 sheets prepared by High Country Engineering with a latest revision date of 511_199. I had reviewed a previous version of these plans and provided written comments to High Country Engineering in a letter dated January 15, 1999. For the most part. those previous comments have been adequately addressed with the revised plans. Following are my comments on a fewitems that remain to be addressed: 1. On the cover sheet of the plans. the County Road number for Four Mile Road should be changed from 163 to 117. ?. I believe the revised alignment and grades for Four Mile Road are an improvement over the existing roadway and the previous design. and are acceptable to the City. In some areas, the proposed realignment will place the road within the identified right-of-way where it appears to lie outside of it at this time. However. there are a few areas where it appears that the road improvements. including gradin„ may need to occur on property that is not shown as being existing right-of-way. I know the City and Garfield County are cooperating to try to acquire some additional right-of-way in the vicinity of the Four Mile Road / Midland Ave. / Airport Road intersection. Will the Four Mile Ranch developer or Garfield County be undertaking right-of-way acquisition in the other areas where it is apparently needed? There are two significant retaining walls that need to be designed. reviewed and approved before construction begins. 4. Although it's not necessarily the City's concern. it seems that a construction phasing and traffic control plan should be prepared before construction begins to plan how traffic flow on Four Mile Road and Midland Avenue will he safely maintained during utility and road construction. • • • Mr. Mark Bean December 10, 1999 Page 5. The public bike path at the northwest comer of the Four Mile Ranch project should be connected to the paved shoulder of Four Mile Road. 6. The utility design is generally acceptable. I would like to retain the option. however. to make slight adjustments to utility locations in the immediate vicinity of the Four Mile Road / Midland Avenue intersection based on the yet -to -be -completed design of improvements to that intersection. For example. it may be desirable to shift the location of a sewer manhole or an electric transformer to conform to the final design of that intersection. 7. In the City's previous comments, we had pointed out that the short segment of sanitary sewer under Three Mile Creek, to which Four Mile Ranch proposes to connect. is not currently maintained by the City. It is privately maintained by the Hideout Campground. The City is willing to take ownership and maintenance responsibility for this segment of sewer (and we believe we should if the Four Mile Ranch project is to use it), if we are furnished videotape evidence demonstrating that this section of sewer is in reasonably good condition. We have not yet received such information and would request that we do before the sewer design receives final approval. 8. The sanitary sewer at approximately station 0+50 appears that it will be very close to the existing gas main. We would want a minimum 4 foot horizontal separation between the outside of pipes in this area. consistent with the typical cross-section shown on Sheet 9. It may be necessary to either relocate the gas main or to add another sewer manhole to adjust the sewer alignment. In lieu of revising the plans at this time, this is a decision that can be made in the field when the utilities are exposed as long as the developer and his contractor are prepared to make a change if it is necessary to achieve the required separation. 9. The 8 inch sewer stub from MH Z-2 should be redirected to a bearing of about S 54° E. It extended, it is likely that this sewer will be located along the southwest side of Midland Avenue to serve the properties on that side of the road. _ 10. Class 6 aggregate base course should be used as backfill for those utilities within existing Midland Avenue. 11. Please clarify what the 2' dimension is that is shown on the two utility trench cross- sections on Sheet 9. • Please contact me if you have any questions about these comments. Mr. Mark Bean December 10, 1999 Page 3 S incerely, i S��•. ,f . Cncr�� Larry 0. Thompson, P.E. City Engineer cc: Robin Millyard, Public Works Director Buddy Burns, Water & Wastewater Supervisor Deric Waiter, High Country Engineering, Inc. Kelly Cave, Leavenworth & Tester, P.C. • • December 15, 1999 Lee Leavenworth 1011 Grand Avenue Glenwood Springs, CO 81601 Re: Four Mile Ranch — Plat Revisions, Off -Site Improvements Design HCE Project No. 96098.04 Dear Lee, At your request, I have enclosed 10 copies of the latest (12/14/99) Four Mile Ranch Subdivision Plat. This pre -submitted plat has been revised to include the US West Easement, Homeowners Association Easements for Lots 26-36 and a Public Trail and Bike Path Easement that connects to County Road 117. On December 10, 1999, I received a fax addressed to Mark Bean (Garfield county Building and Planning) from Larry Thompson (City of Glenwood Springs) containing Larry's comments on High Country Engineering's design of the Off -Site Road and Utility Improvements for the Four Mile Ranch Subdivision. Larry addressed a couple of issues that will require action upon High Country Engineering and the Developer. I recommend that you review Larry's letter and inform the Developer of items 2, 4 and 7, specifically. High Country Engineering will begin working on the Construction Plan revisions once we have received additional comments from Garfield County. If you have any questions or comments, please feel free to contact me. Sincerely, HIGH COUNTRY ENGINEERING, INC. Deric J. Walter, E.I. Design Engineer cc: Joe Hope. P.E. k:\wp196\098\lee-off.doe 923 COOPER AVENUE • GLENWOOD SPRINGS. COLORADO 81601 Telephone (970) 945-8676 • Fax (970) 945-2555 • BILL OF SALE Know all People by these presents that The Four Mile Ranch Development Company, a Colorado corporation and (hereinafter "Seller"), for the sum of Ten Dollars ($10.00) together with other good and valuable consideration paid, the receipt of which is hereby acknowledged, does sell and transfer to the Four Mile Ranch Homeowners Association, a Colorado non-profit corporation, at 1205 S. Platte River Drive, Suite GL -100. Denver Colorado 80223, the following described chattels, namely: The off-site wastewater infrastructure of the Four Mile Ranch Subdivision (hereinafter referred to as the "off-site sewer") more particularly described on the Four Mile Ranch Subdivision Off -Site Improvements, 9 sheets, prepared by High Country Engineering, Inc., Project No. 96098.04, dated May 13, 1999. Seller covenants that it is the lawful owner of the chattels described above; that these are free from all encumbrances; that it has the right to sell these chattels; and that it will warrant and defend these chattels against the lawful claims and demands of all persons. The Four Mile Ranch Homeowners Association hereby agrees to assume Seller's rights and obligations regarding the off-site sewer in the Pre -Annexation Agreement between the City of Glenwood Springs and The Four Mile Ranch Development Company, as the successor to the M -R Colorado Investors, Inc. and One and A Quarter Mile Ranch, Inc., dated September 25, • 1997, recorded in the Garfield County Clerk and Recorder's office on , 2000, at Reception No. , Book , Page Dated this day of , 1999. THE FOUR MILE RANCH DEVELOPMENT COMPANY By: Title: ACCEPTED AND AGREED TO: THE FOUR MILE RANCH HOMEOWNERS ASSOCIATION By: Title: F:\ 1999\ Documents TOLODNY-4Mile-Bill of Sale-2.wpd • STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of • • 1999, by as of The Four Mile Ranch Development Company. Witness my hand and official seal. My Commission expires: STATE OF ) ss. COUNTY OF ) Notary Public The foregoing instrument was acknowledged before me this day of , 1999, by as of the Four Mile Ranch Homeowners Association. Witness my hand and official seal. My Commission expires: F:11999\Documents \COLODNY•4Mile-Bill of Sale-2.wptl Notary Public • [Note: To be executed after expiration of one (1) year warranty period] BILL OF SALE Know all People by these presents that the Four Mile Ranch Homeowners Association, a Colorado non-profit corporation and (hereinafter "Seller"), for the sum of Ten Dollars ($10.00) together with other good and valuable consideration paid, the receipt of which is hereby acknowledged, does sell and transfer to the City of Glenwood Springs, Colorado, a Colorado home -rule municipality, at 806 Cooper Avenue, Glenwood Springs, Colorado 81601, the following described chattels, namely: The off-site wastewater infrastructure of the Four Mile Ranch Subdivision (hereinafter referred to as the "off-site sewer") more particularly described on the Four Mile Ranch Subdivision Off -Site Improvements, 9 sheets, prepared by High Country Engineering, Inc., Project No. 96098.04, dated May 13, 1999. Seller covenants that it is the lawful owner of the chattels described above; that these are free from all encumbrances; that it has the right to sell these chattels; and that it will warrant and defend these chattels against the lawful claims and demands of all persons. Dated this day of , 2000. THE FOUR MILE RANCH HOMEOWNERS ASSOCIATION By: Title: STATE OF ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 2000, by as of The Four Mile Ranch Homeowners Association. Witness my hand and official seal. My Commission expires: F:11999\DOcumems1COLODNY-4Mile-Bill of Sale.wpd Notary Public • KELLER WILLIAMS RE ALTY December 14, 1999 Mark Bean Director of Garfield County Building and Planning Dept. 108 East 8th Street, Suite #303 Glenwood Springs, CO 81601 RE: Four Mile Ranch Subdivision Dear Mr. Bean, I am in receipt of the attached Four Mile Ranch subdivision disclosure form furnished to me by Loyal Leavenworth, Four Mile Ranch's legal counsel. As • listing broker of the lots currently available for reservations at Four Mile Ranch, I will verify that each prospective buyer at Four Mile Ranch subdivision will receive this disclosure form and sign on the acknowledgment line. In addition, Stewart Title, the closing agent for the property, will verify that the prospective purchaser has signed the acknowledgment line on the disclosure form at closing. • Please let me know if you have any questions or if I can be of further assistance. Sincerely, Beverly I. Mikolon, Broker Associate Keller Williams Realty cc: Loyal Leavenworth Lester Colodny Liz Hewitt, Stewart Title Battlement Mesa/Parachute 257 East First Street, PO. Box 446 • Battlement Mea/Parachute, CO 81635 Office: (970) 285-6442 • Tull Free: (877) 285-6442 • Fax: (970) 285-0116 AN :NQFDENCENT UrugEP aWCJER • EXHIBIT C FOUR MILE RANCH SUBDIVISION DISCLOSURE FORM NOTICE TO ALL POTENTIAL LOT PURCHASERS OF THE FOUR MILE RANCH SUBDIVISION: No building permit shall be issued until adequate water is available for the Fire District's purposes at the site of construction. Further, no certificate of occupancy shall be issued for any building or structure within the subdivision improvements, until the water distribution and sewer system have been completed and are operational, as required by the Subdivision Improvements Agreement entered on , 2000. Attached hereto and incorporated herein by reference is a copy of the Garfield County's Right to Farm Policy. All residents of the Four Mile Ranch Subdivision shall comply with the County's Right to Farm Policy. ACKNOWLEDGMENT OF TERMS OF DISCLOSURE FORM dated this day of , 2000. . By Potential Lot Purchaser F: 1999\ Documents \COLODN-4N1ile-Disclosure Fomi-1.%pd lay -12--99 12:58P Stella Archuleta 1 • 970-945-7785 P_02 GARFIELD CODUYTY ZONING RESOLUTION OF 1978 BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO P.O. BOX 640 GLENWOOD SPRINGS, CO 81602 Adopted & Enacted January 2, 1979 Effective January 2, 1979 THIS COPY INCLUDES ALL AMENDMENTS 1 HKOUGH: March 1, 1999 Iay-12-99 12:58P Stella Archuleta • 970-945-7785 P.03 thereof In =subdivided land cr where a zone district ban divides a lot cr parcel, the location of such boundary, unless indicated by dimension, shall be dete±miaed by scale of the Zone District Map. Where a zone district4beundary coincides with a right-of-way lint and said right-of-way is subsequently abandoned, the zone district boundary shall then follow the centerline of the former right -of --way. Land not part of a public riglit-of-way and which is net indicated as being in any zone district shall be considered to be iuciudea m the most Leahicteti adjac.-nt zone district even when such district is separated from the land in question by a public right-of-way. 1.07 APPLICATION OF REGULATIONS These regulations shall apply to the entire uninc:rporated arca of Garfield County, Colorado. Except as hereinafter provided: No building or structure shall be erected and no existing building or structure shall be moved, removed, altered or extended, nor shall any land, building or structure be used for any purpose or in any manner ether than as provided among the uses hereinafter listed in the Zone District Regulation for the district in which such land, building or structure is located; • No building or structure shall be erected nor shall any existing building or structure be moved, removed, altered or extended nor shall any open space surrounding any building or structure be encroached upon or reluccd in any manner, except in conformity with the lot area, lot coverage, floor area ratio, setback and height provisions hereinafter provided in the Zane District Regulation for the district in arch such land, building or structure is Iccated; No lot area, frottage, yard or other open spate or pariang provided about any building or structure for purposes of compliance with provisions of this Resolution shall be considered as providing lot arra, frontage, yard or other open space or parking for any other building or structure in the same lot or on any other let; Uses permitted by this Resolution shall also be subject to provisions of other applicable county and state regulations except as specifically provided herein; and further, where the provisions of this Resolution impose a greater restriction than set forth by such other regulation, the provisions of this Resolution shall govern. 1.08 Ranching, farming, and all manner of agricultural activities and operations within and throughout Garfield County arc integral elements of, and necessary for, the continued vitality of the Counts history, economy, landscape, lifestyle and culture. Given their importance to Garfield County, western Colorado, and the State of Colorado, agricultural lands and operations are worthy of recognition and protection. Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitcxxs must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a Canty with a strong rural character and a healthy ranching sector. Those with an urban sensrtrvrty may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, noise and odor. However, State law and County poircy provide that ranching, farming a other agricultural activities and operations within Garfield County shall not be censide rd to be nuisances so Icing as operated to conformance with the law and in a non - negligent manner. Therefore, all must be prepared to encounter noises, odor, lights, mud. dust, smoke chemicals, machinery on public roads, livestock on public roads, storegc and disposal of manure, and the application by spraying or otherwise of chemical fertilizers. sot! amendments, herbicides, and ciders, any one cr more of which may naturally occur as a part of a legal and non-ne gent agricultural operations. 3 DEPOSIT AGREENIENT OWNER: THE FOUR MILE RANCH DEVELOPMENT COMPANY PROPERTY: FOUR MILE RANCH SUBDIVISION COUNTY OF GARFIELD STATE OF COLORADO This Agreement is entered into by and between THE FOUR MILE RANCH DEVELOPMENT COMPANY, INC. (the "Owner") and THE BOARD OF COUNTY COiVIlVIISSIONERS OF GARFIELD COUNTY, COLORADO (the "County"). WHEREAS, the Owner has to construct certain public improvements ("Improvements") for Four Mile Ranch Subdivision (the "Property") in accordance with the Subdivision Regulations of Garfield County, Colorado of 1984, as amended, and subject to a Subdivision Improvements Agreement (the "SIA") for the Property; and WHEREAS, the County has approved specific public improvements and an estimate of the costs of the Improvements in the amount of $ (the "Improvement Costs") which are detailed on the Engineer's Opinion of Probable Construction Costs for Four Mile Ranch Public Improvements, attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the Owner has agreed to complete the installation of all public improvements by one year from the date of the SIA; and WHEREAS, the Owner desires to provide assurance that the Improvements are completed irrespective of a default by the Owner by placing a cash deposit with the County in the amount of (the "Improvement Funds"), and the County is willing to accept such an assurance in lieu of requiring a letter of credit or other security for the Improvement Costs; and WHEREAS, in addition to the Improvement Funds cash deposit described above, the Owner shall deposit with the County an additional one percent (1%) of the Improvement Funds in the amount of $ (the "Service Fee"). NOW THEREFORE, the parties agree as follows: 1. Cash Deposit. The Owner agrees that it shall be obligated in accordance with the terms of this Agreement to deposit with the County the sum ($ ), simultaneously with recordation of the Final Plat for the Property, to pay for construction of the Improvements plus the Service Fee. In consideration of the Service Fee payable to the County Treasurer, the County shall place the Owner's cash deposit in an interest bearing account on behalf of Owner. Such account shall be subject to the terms and conditions of this Agreement. F:\I 999\Agreements\COLODNY-4 Mile Deposit Agmt-1 wpJ 2. Service Fee. The Service Fee shall pay for the County's administrative costs incurred in distributing and accounting for the Improvement Funds in accordance with the terms of this Agreement. The County's Service Fee shall be earned upon execution of this Agreement. 3. Disbursement Procedures. Improvement Funds shall be disbursed for payment of costs incurred in the construction of the Improvements described in the Engineer's Opinion of Probable Cost for Four Mile Ranch Public Improvements, attached as Exhibit "A." Disbursements shall be made only in accordance with the following procedures: a. Draw Requests. Draws of Improvement Funds shall be requested by the Owner delivering to the County Building and Planning Department a written request for disbursement on forms acceptable to the County. Each such request shall be signed by the Owner and the Project Engineer. The request shall certify: (i) all cost for which the draw is being requested have been incurred in connection with the construction of the Improvements; (ii) all work performed and materials supplied are in accordance with the plans and specifications submitted to and approved by the County; (iii) all work has been performed in a workmanlike manner; (iv) no funds are being requested for work not completed, or for material not installed or stored on site; and (v) the Project Engineer has inspected and approved the Improvements for which payment is requested and has certified that all such improvements have been constructed in conformance with the Plans and Specifications approved with the SIA. Upon receipt of a draw request which complies with the signature and certification requirements set forth above, the County may inspect and review the Improvements to which the draw request relates, and shall, within fifteen (15) days after having received the request, notify the Owner by a letter indicating potential deficiencies if the County determines that the request should not be approved as to all or any portion of the work for which payment is requested. If no letter of potential deficiencies is delivered to Owner within such 15 day period, the draw request shall be deemed approved by the County and shall be promptly presented to the Board of County Commissioners for signature, such signature being a condition precedent to the disbursement of Improvement Funds by the County. b. Documentation and Lien Waivers. Each draw request shall be accompanied by (i) one original copy of each invoice to be paid; (ii) checks drawn on the Special Disbursement Account, made payable to the payee and in the amount of each invoice presented for payment; (iii) lien waivers in a form approved by the County prepared for signature by each payee; and (iv) postage paid envelopes addressed to each payee for the mailing of checks presented to the County. c. Disbursement. If the County approves the request for advance, the County shall advance Improvement Funds into the Special Disbursement Account and shall mail the checks to the payees in the envelopes presented to the County, together with thelien waivers and copies of supporting invoices. The County shall not be obligated to make a disbursement for the payment of an' invoice if the County in good faith believes that: (i) the work has not been completed; (ii) the work has not been completed in a workmanlike manner; (iii) written approval has not been received from the Project Engineer or the County; or (iv) any lien waiver relating to any prior disbursement to the same person has been altered or modified or has not been returned to the County. The County shall promptly notify the Owner if any request for advance, or any portion thereof, is not approved by the F:\1999Wgeements\COLODNY4 Mile Deposit Agnt• I wpJ County. d. Default. The Owner shall be in default under this Agreement if any act, omission or event occurs which constitutes a default by Owner and such default is not cured by Owner or if Owner fails to observe or perform any of the covenants, conditions or provisions of the SIA to be observed or performed by the Owner and such failure continues for a period of ten (10) days after written notice thereof is given by the County to the Owner; provided, however, if the nature of the Owner's default under the SIA is such that more than ten (10) days are reasonably required for a cure of such default, then the Owner shall not be deemed to be in default if Owner commences such cure within said ten (10) day period and thereafter diligently prosecutes such cure to completion. After any such notice is given, the County shall not disburse Improvement Funds to or at the direction of the Owner. Disbursements subsequent to any notification of Default shall be made only pursuant to and in accordance with subsection 2.e., below. e. Disbursement After Notification of Owner Default. If the Improvements are not completely and satisfactorily constructed within one year from the date of the SIA, or upon any default by Owner as defined above, the County shall immediately cease disbursement of Improvement Funds to or at the request of the Owner. Any undisbursed Improvement Funds shall thereafter be advanced solely to or at the direction of the County for the completion of the Improvements by such contractors as the County shall select. Thus, the County shall be obligated to complete the Improvements in accordance with the Plans and Specifications, and to promptly pay the costs of construction so that no mechanics or material supplier's liens are asserted against the Property. 4. Remaining Improvement Funds. After certification of completion of improvements by the Owner, if the County determines that the improvements are not constructed in compliance with relevant specifications, it shall furnish a letter of potential deficiencies to the Owner within fifteen (15) days. If the letter is not furnished within fifteen (15) days, all improvements certified shall be deemed accepted, and the County shall release the appropriate amount of security as such relates to the completed and certified improvements. If a letter of potential deficiencies is furnished by the County, the County shall have thirty (30) days 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 the remaining funds together with accrued interest 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 Deposit Agreement. 5. Waiver. Consent and Indemnity. The Owner consents to disbursements and other actions authorized and provided for by the terms of this Agreement. Owner agrees that it will defend, indemnify, and hold the County harmless from any claim made on account of this Agreement and shall waive any claim against the County on account of the County's good faith performance of its obligations under this Agreement. F:U999\Ageements\COLODNY4 Mile Deposit Agnt-1 wpd 6. Binding Effect. This Agreement shall be binding on the heirs, successors, receivers and assigns of all parties and shall terminate when the County has accepted the Improvements and has recorded a release of the SIA. 7. Immunity. Nothing contained in this Agreement constitutes a waiver of the County's sovereign immunity under applicable state law. 8. No Partnership or Agency Created. The making and execution of this Agreement shall not be deemed to create any partnership, joint venture or other relationship between the parties or any of them, and no party shall be deemed an agent of any other party because of this Agreement or anything contained herein. 9. Recordation. This Agreement shall be recorded in the office of the Garfield County Clerk and Recorder. 10. Captions. The captions for the sections of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. 11. Complete Agreement. This Agreement, including any exhibits or addenda, constitutes the entire agreement between the County and the Owner pertaining to the method of disbursement of Improvement Funds and the County's obligation to disburse Improvement Funds in the event of a default by the Owner. The parties acknowledge, however, that the County and the Owner have entered into the SIA to which this Agreement is attached. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all parties. 12. Notices. Any notice permitted or required by this Agreement shall be given in writing and shall be given by personal delivery, registered or certified mail, or by an express delivery service. Notice shall be effective upon the date of delivery, or of attempted delivery if delivery is refused. The parties' addresses for notice shall be as follows: County: Owner: With a copy to: Board of County Commissioners of Garfield County Garfield County Courthouse, Suite 300 109 8th Street Glenwood Springs, CO 81601 The Four Mile Ranch Development Company 1205 South Platte River Drive, Suite GL -100 Denver, CO 80223 Loyal E. Leavenworth, Esq. Leavenworth & Tester, P.C. 1011 Grand Avenue P.O. Drawer 2030 F.\ 1999\A&eements\COLODNY-i Mile Deposit Ae nt-I wpd • Any party may change its address for purposes of this paragraph by giving the other party written notice of the new address in the manner set forth above. 13. Severability. En the event any part of this Agreement is found to be void, the remaining provisions of this Agreement shall nevertheless be binding with the same effect as though the void part was deleted. DATED this day of , 2000. BOARD OF COUNTY CON MISSIONERS OF GARFIELD COUNTY, COLORADO By: - Attest: Clerk THE FOUR MILE RANCH DEVELOPMENT COMPANY, INC. By: Title: F:\I999Wgreements\COLODNY-1 Mile Deposit Apnt-I upi1 NG/NE iP/NG December 27, 1999 Mark Bean and Bob Szrot Garfield County Planning and Engineering 1098th Street Glenwood Springs, CO 81601 Re: Four Mile Ranch — Deposit Agreement HCE Project No. 96098.04 Dear Mark and Bob: • This letter is to determine the amount of the deposit agreement that will be required by Four Mile Ranch to complete Final platting as of December 21, 1999. The project has been under construction for over a year now and most of the work has been completed. To determine the remainder of the project cost, I have taken the amount of the original contract with CG&G Construction (1,700,000) less theitemized quantity of work completed to date (1,633,500) with an added contingency of 10% for unforeseen costs. Therefore, we have independently reviewed the remaining costs and in my professional opinion, the amount needed to completer the on-site work is: (5 1,700,000 — $ 1,633,500) * 1.1 = $ 73,150 As you know. the County, the City and the Developer met in April of 1999 and identified right-of-way issues for the reconstruction of County Road 117 with a revised vertical alignment. Furthermore, the off- site plans were submitted to the City. Engineer for review in May of 1999. To date, as we discussed at the meeting on December 20, 1999, the County has made no progress toward a decision regarding right- of-way acquisition. The City reviewed the off-site plans and provided The Four Mile Ranch Development Company with a delayed response on December 10, 1999. The approved Preliminary Plan provided that in lieu of road impact fees, the Developer would reconstruct County Road 117 to the Midland intersection to the same road section as constructed by the County adjacent to the Four Mile property to the extent of available right-of-way. Therefore, given the late date and the time considerations, The Four Mile Ranch Development Company will construct the proposed sewer and shallow utilities within the prescribed County Road 117 easement and the existing vertical alignment. The proposed design will utilize the existing roadway platform for sewer manhole rim elevations and shallow utility depths. High Country Engineering is in the process of preparing new construction documents for this design. In my professional opinion, the proposed off-site utility installation and roadway improvements will cost approximately $ 303,433.00. With an added contingency of 10% for unforeseen costs, the total projected cost is: S 303,433.00 * 1.1 = $ 333,776.30 West Canyon Tree Farm, Inc. has also estimated that the cost to landscape the oD-site portion of the Four Mile Ranch Subdivision to be approximately $127,703.80. 923 COOPER AVENUE • GLENWOOD SPRINGS, COLORADO 81601 Telephone (970) 945-8676 • Fax (970) 945-2555 • • Mark Bean and Bob Szrot Re: Four Mile Ranch — Deposit Agreement HCE Job No. 96098.04 December 23, 1999 Page 2 of 2 Therefore, the total deposit agreement for this project should be: S 73,150+ S 333,776.30+ S 127,703.80 = S 534,630.10 If you have any questions or comments, please feel free to contact me. Sincerely, \\\\ t t ()REG/ HIGH Cr_ ,' `YoE}�G"I bEERING, INC. O,o .FC Joe D� o e,4Q •�; Project/Hager `". • otsi.. A• cc: Lee Leavenworth • 111111I 111111111111;;;x11111111111111111111111 1111111 521413 a3/1a/1s48 a2.aiP e1Mb PS72 t1 RLS^CRF 2 of 5 R a . ae D a . as C'RFIa.D CcUNT'r CO 3. That the Gatheld County Planning Connnission recommended approval of the Preliminary Plan. 4. That t the proposed subdivision °flack' is in compliance With dae recommendations set forth in the Cowpr�..hensive Plan for the artincorporated arca of the Cocmty. 5. That all data, surveys, analyses, studies, pians and designs as by the State of Colorado and Garfield Coaity have been submitted, reviewed, and found to meet all sound plArring and engineering requirements of the Garfield County Subdivision Regulations. 6. That the proposed subdivision of land conforms to the Garfield County Zoning Resolution. 7. Thai for the above -stated and other reasons, the proposed subdivision is in the best intc:..st of the health, safety, morals, convenience, order, prosperity' &weifai- of t e citizens of • Garfield County. NOW, THEREFORE, BE IT RESOLVED that the Preliminary Plan of Four Mile Ranch Subdivision for the following described unincorporated area of Garfield County be approved with the following conditions- . All representations of the applicant, either within the application or stated at the public hearings before the Planning Commission shall be considered conditions of appwval unless otherwise stated by the Planning Commission. 2. The common open space easement shall be transferred from the developer to the Homeowner's Association at the time of filing a final plat. The proposed public trail will be owned and maintained by the homeowners association until such time that a public entity willing and capable of taking ownership is establisfied: • 3. That the road name change suggested by the Glenwood Springs Emergency Services Department be incorporated in any final plat submittal. At the time of each Final Plat approval the applicant's engineer submit plans for the upgrading of CR 11.7 to the intersection with Midland Avenue. The plans will be approved by the Board prior to recording of the plat and built to those specifications, which will also include the provisions of condition No. 13 of this resolution. The applicant shall be responsible for the construction of the road improvements consistent with the approved design and to guarantee construction of the improvements at final plat An impact fee shall be calculated at 52030/dwelling unit, pursuant the road impact fee formula adopted by the County. If the calculated fee is more than the actual cost of construction approved by the Board, the applicant shall pay the difference to the County. If the calculated fee is less than the actual cost of construction approved by the Board, the applicant shall owe the County nothing. • STATE OF COLORADO ) )ss County of Garfield ) 111111111111111111111111 it 1i:.iiiii iii 11111 11111111 521313 03/10/12°8 22 al? 131256 P971 M ALSCQRF 1 of Lc R 0.00 D a . at GARFIELD COLNTY Co gf At a ,.es„ 1 a — meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday • , the 9 t -h of Ma Tc -h A.D. 19 a 9 , there were present: Marian Smith , Commissioner Chairman LarzEsQm1 , Commissioner John Martin , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Charles Deschanes , County Administrator ,hen the following proceedings, among others were had and done, to -wit RESOLUTION NO. 9 8— 1 3 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELLMINARY PLAN FOR THE FOUR MII,E RANCH SUBDIVISION WHEREAS, Four Mile Ranch Development Company, Inc., M R Colorado Investors and One and a Quarter Mile Ranch have filed an application with the Board of County Commissioners of Garfield County for approval of a Preliminary Plan and Four Ivlle Ranch Subdivision; WHEREAS, the Garfield County Planning Commission reviewed the Four Ivfle Ranch Preliminary Plan subdivision application and recommended approval to the Board of County Commissioners; WHEREAS, based on the material submitted by the applicant, the recommendation of the Planning Commission and the comments of the Garfield County Planning Department, this Board finds as follows: 1. That proper publication, public notice and posting was provided as required by law for the hearings before the Planning Commission and Board of County Commissioners. 2. That the hearings before the Planning Commission and Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearings. • EXHIBIT B • • . s w ♦�l'M ; f.K: ,<!s!r.CF✓`..rt{,��i A. n'. Y ..t'J mow '." •rsi :.' i , ...� r. '}=,p.�i.. �Y': Y .'•• ... .v •r 1 - �� } '� �Y': �; r. ��,� �- •::;1Y' z 7.C.71titi+4Z1122613. ��..�s'NY•i' • <• v. `..Y•4 ? ,`.w} 10. i'F et Shall protect the ditches ao theadjoiningproperty-from chars and provukw t .: mm to guarantee that the subdivision will participate in the maintenance of tbe--��•: • The language in the covenants"�vi�xre ever prsctsrrts that states. csi" in ft:lation to w' Idfire . Protection, will be removed. _,..r yip^ZM 12. All construction activity willmitigation have dust as a' activities. P� of � �O° plans..and .�_^�� 13. The Final Plat plans shall include a left hand turning lane for the southbound lane at the r . `�';,"'�°-,� entrance to the subdivision and the improvements to =•.� .: County Road 1 I7:hall include �:1 grade. reduction as a part of the design. - 14. . :.� • „, x�' =: This Preliminary Plan approval shall be valid for twelve (I2) months, unless a twelve (12) month extension is approved by the Board, in accordance with the provisions of Section 4:34'K of the Garfield County Subdivision Regulations, as amended, this 41-h day of Mare •h , A.D. 1923 ATTEST: of the Board t. upon motion duly made and seconded the foregoing Resolution was adopted by the following GARFIELD COUNTY - . BOARD` OF",,i ria. COMMISSIONERS, GARFIELD COUNIY, 4?' � COLORADO • • Chairman Commissioner Chairman Marian I. Smith `z Commissioner Larry L. McCown Aye Commissioner John F. Martin 'Aye Nay STATE OF COLORADO ) )ss County of Garfield • :1 County Clerk and ex -officio Cleric of the Board JL? w County.�;� State aforesaid do beet c that the hereby certify annexed and foregcii Commissioners in and for the County and ,ng •? Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for `' y said Garfield County, now in my office. j • County Clerk and e cio h of the 134=1 of County C mijz • 1 • • 7cz4j ; 111111 11111 111111 '711111111111111111111111111111111 521313 33/1a/ 19925 02 : 01P 31256 P'3"1 11 ALSIXRF 3 of 5 R a . eg D a. 00 GARFIEZ CCU}lT r CO 5. That the lots contiguous to the Bershenyi rant have building envelopes at least 200 f,. from the common property Line and that a cattle Fence with woven wire along the bottom of the fence, be built along the entire section of the project, not to exceed eight (8) fax in height. 6. Include the following plat notes an any fiat plat (A) Prior to the issuance of a budding pcmit, the owner of each lot shall prepare and submit a soils and foundadon report, a grading and drainage plan, and a geologically acceptable. building site prepared and certified by a professional engineer. All improvements .4 1211 be constructed in accordance with such engineering recommendations, which mall be a condition of Four Mile Ranch Architectural Control Committee approval and the building permit (B) The agricultural uses of properties south of this subdivision shall be deemed compatible with the rural residential character of the subdivision. Such. agricultural uses may produce odors, noise , dust and other effects of agricultural practices that are offensive to residential use proposed by this subdivision. The established agricultural uses adjacent to the subdivision are pre-existing and are deemed to have priority over any subsequent residential use within the subdivision. (C) No open hearth solid -fuel burning fireplace will be allowed anywhere within this subdivision. All dwelling units will be allowed unrestricted number of natural gas - burning fireplaces or appliances. (D) (E) (F) All dwelling units will be allowed no more than one new wood -burning stove as defined by C.R.S. 2.5-7-401, ctscq. and the regulations promulgated thereunder. Only one dog is allowed for each dwelling unit All exterior lighting shall be oriented downward and inward, to prevent glare on adjoining property. 7. In connection with the Final plat, the applicant shaII set forth the proposed method for transferring legal ownership and control of the water distribution facilities, water and water rights, sufficient in quantity to service the Four Mile Ranch Homeowners Association. 8. At the time of Final plat, the applicant shall be required to pay the applicable school site acquisition fee that hoe been agrcd to by the Board of County Commissioners • 9. All property owners will be given a copy of the County Subdivision "Right to Farrn" policy included in the County Subdivision regulations. r � GARFIELD COUNTY • Building and Planning Department January 19, 1999 Loyal E. Leavenworth P.O. Drawer 2030 Glenwood Springs, CO 81602 RE: Four Mile Ranch Extension Dear Mr. Leavenworth: On Monday, January 18, 1999, the Garfield County Board of County Commissioners, approved an extension of the Four Mile Ranch subdivision Preliminary Plan approval to March 9, 2000. Please be advised that the regulations do not allow for any further extensions of the Preliminary Plan approval, without the appropriate public hearings and submittals. •ou have any questions about this letter, feel free to call or write to this office, at your convenience. Sincerely, Mark L Bean, Director Building & Planning Department • __ _inn Q h C ,,r C..:ra i(1i Q1-;" Q/1//15tc-7Q'7-7 CnijL'i J \i) L= JAN 0 1999 LEAVENWORTH & TESTER, P.C. (:IPnwnnri Snrinas_ (nInrmin S1601 • Form No. GWS -25 OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES ' ; • ; 1 ,7 l 1816 centennial Bldg., 1313 Sherman St., Denver. Colorado 80203 I :' 't�t)3) 80,3581 D G O O 1053 I\ APPLICANT "ivr 1095 WELL PERMIT NUMBER 051103 - E__ - DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot: Block: Filing. Subdiv FOUR MILE RANCH FOUR MILE RANCH DEVELOPMENT CO LEAVENWORTH & TESTER 1011 GRAND AVE GLENWOOD SPRINGS, CO 81601- (970)945-2261 PERMfT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 NW 1/4 Section 34 Twp 6 S RANGE 89 W 6th P.M. DISTANCES FROM SECTION LINES 380 Ft. from North Section Line 2100 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. • 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. • 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #970122FMRJV(b). This well is identified as Four Mile Ranch Well No. 2. 4) The use of ground water from this well is limited to ordinary household purposes inside 58 single family dwellings, and the irrigation of not more than 3.3 acres of lawn and garden (2.500 square feet of irrigation per dwelling). All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. 5) The maximum pumping rate shall not exceed 75 GPM. 6) The combined annual amount of ground water to be appropriated by this well and Four Mile Ranch Well No. 1 shall not exceed 32.58 acre-feet. 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permapent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) The well shall be constructed not more than 200 feet from the location specified on this permit and not less than 600 feet from any existing well not owned by the applicant. 9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means'and precautions to preserve these markings. 10) Monitoring hole notice MH -34856, was acknowledged for construction of a monilonn and observation hole for this applicant, in this i., 'i, on 10/05/98. APPROVED DMW 74,1 Siete Engineer Rif fl -7 inno Ay 4." n r r 11 7 1000 STATE OF COLORADQ SCE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 • • Mr. Mark Bean Garfield County Building and Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 March 10, 1997 RE: Four Mile Ranch Subdivision Sections 27 & 34, T 6 S, R 89 W, 6th P.M. Water Division 5, Water District 38 Dear Mr. Bean: Roy Romer Governor James S. Lochhead Executive Director Hal 0. Simpson State Engineer We have reviewed the above referenced subdivision proposal outlined in the preliminary plan submittal by High Country Engineering, Inc., dated January 22, 1997. A total of 59 single- family Tots are to be created on approximately 127 acres located south of Glenwood Springs and west of CR 117. The proposed water supply for this development is to be provided by a central water distribution system supplied by two wells and a storage tank. Total annual water demand at buildout is estimated at 33 acre-feet for 59 single-family dwellings and 2,500 square feet of lawn and garden irrigation per dwelling. A letter from Mr. Loyal E. Leavenworth, dated January 21, 1997, indicated that the applicant has filed an application with the West Divide Water Conservancy District (District) for a water allotment contract for approximately 36 acre-feet (annual water demand of approximately 33 acre-feet plus estimated transit loss of 10%) of water from Ruedi Reservoir . The applicant proposes to obtain well permits pursuant to an approved water allotment contract and the District's substitute water supply plan. The proposed location of the wells is within Area "A" of the District's substitute water supply plan. Ground water withdrawn by the proposed wells would be tributary to the Roaring Fork River and the Colorado River systems, which are over -appropriated. Typically, issuance of new or expanded use permits would cause material injury to senior water rights unless a plan of augmentation was obtained to remedy the injury. The District has a valid substitute water supply plan, approved by the State Engineer on December 28, 1995, which provides replacement water for allotment contract holders to prevent injury to decreed water rights. Allotment contract holders must obtain a water court approved plan for augmentation to secure a permanent water supply. Pursuant to Section 30-28-136(1)(h)(I), C.R.S., it is our opinion that the proposed water supply will not cause injury to decreed water rights. We recommend this development not receive approval from the county and Tots not be sold until the developer has an approved water allotment contract from the District for 36 acre-feet, and well permits are obtained for the proposed uses. • Mr. Mark Bean March 10, 1997 Page 2 The physical availability of ground water for use at this development was addressed by a letter from Zancanella and Associates, dated January 22, 1997. This letter provided well test data on the Four Mile Ranch Well #1 (constructed as a monitoring hole on January 15, 1997, under file no. MH -29828). The letter indicated that the well produced 50 gallons per minute in a 72+ -hour test with a maximum drawdown of 16 feet. It is our opinion that at this sustained flow rate and with appropriate storage capacity, this well can adequately supply the proposed uses. Please note that the long term adequacy of any ground water source may be subject to fluctuation due to hydrological and climatic trends. Should you have further questions or comments regarding the water supply for this project, please contact Jeff Deatherage of this office. Sincerely, Steve Lautenschlager Assistant State Engineer SPL/JDTJd cc: Orlyn Bell, Division Engineer Joe Bergquist, Water Commissioner, WD 38 fourmile.spl Form No. GWS -25 • APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg.. 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 1095 WELL PERMIT NUMBER 050790 - F. DIV. 5 CNTY. 23 WO 38 DES. BASIN MD Lot: Block: Filing: Subdiv: FOUR MILE RANCH APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 NW 1/4 Section 34 Twp 6 S RANGE 89 W 6th P.M. FOUR MILE RANCH DEVELOPMENT CO % LEAVENWORTH & TESTER P 0 DRAWER 2030 GLENWOOD SPRGS CO 81602- (970) 945-2261 PERMIT TO USE AN EXISTING WELL DISTANCES FROM SECTION LINES 433 Ft. from North Section Line 2029 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the use of an existing well (constructed as a monitoring hole under file no. MH -29828), appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #970122FMRJV(b). 4) The use of ground water from this well is limited to ordinary household purposes inside 58 single family dwellings and the irrigation of not more than 3.3 acres of lawn and garden irrigation (2.500 square feet per dwelling). All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. 5) The maximum pumping rate shall not exceed 75 GPM. 6) The annual of amount of ground water to be appropriated shall not exceed 32.58 acre-feet. 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) The well shall be located not more than 200 feet from the location specified on this permit and not Tess than 600 feet from any existing well. 9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) Approved for the installation of a pump in, and the use of, an existing well, constructed on January 15, 1997, to a depth of 94 feet, under monitoring hole notice MH -29828, acknowledged December 19, 1996. l b /0-00 1 APPROVED JD2 State Engineer nrT 0'1 inno STATE OF COLORADO �FICE OF THE STATE ENGINEER ision of Water Resources Department of Natural Resources 1313 Sherman Street. Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX 1303) 866-3589 • November 14, 1997 Mr. Mark Bean Garfield County Building and Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Four Mile Ranch Subdivision Sections 27 & 34, T 6 S, R 89 W, 6th P.M. Water Division 5, Water District 38 Dear Mr. Bean: I' r � l ; - {i; Z1, kov "corner 'Governor • lames S. Lochhead '6.ecunve Director Hal 0. Simpson State Engineer We have reviewed the above referenced subdivision proposal to create 58 single-family Tots on approximately 127 acres located just south of Glenwood Springs. We have previously commented on this proposal in a letter dated March 10, 1997 (copy enclosed). Our comments from that letter still apply to this proposal. Should you or the applicant have further questions or comments regarding the water supply for this project, please contact Jeff Deatherage of this office. Sincerely, &I -Ateve Lautenschlager ssistant State Engineer SPL/JD cc: Orlyn Bell, Division Engineer Joe Bergquist, Water Commissioner, WD 38 fourmil2.spl • • LOYAL E. LEAVENWORTH CYNTHIA C. TESTER GREGORY J. HALL DAVID H. McCONAUGHY KELLY D. CAVE DAVID A. MEISINGER* TOM KINNEY SUSAN W. LAATSCH 'Admitted in Wisconsin only LEAVENWORTH & TESTER, P.C. ATTORNEYS AT LAW June 24, 1999 Mark Bean, Director Garfield County Building & Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 1011 GRAND AVENUE P. O. DRAWER 2030 GLENWOOD SPRINGS. COLORADO 31602 TELEPHONE: (970) 945-2261 FAX: (970) 945-7336 ltlaw@sopris.net RE: Four Mile Ranch Subdivision/Final Plat Submission: Water Rights Dear Mark and the Garfield County Planning Department: I am writing on behalf of The Four Mile Ranch Development Company regarding the legal supply of water available to the Four Mile Ranch Subdivision. In the Four Mile Ranch • Subdivision's proposal set forth in the Preliminary Plan, Zancanella & Associates, Inc. estimated the total water diversion at 33.14 acre feet, including in-house use and lawn irrigation (see attached Table 1 for estimated water use). • The Four Mile Ranch Subdivision's physical supply of water for its potable system will be provided by two wells. Pursuant to the West Divide Water Conservancy District Water Allotment Contract No. 970122FMRJV(b), 34.21 acre feet of water is available to The Four Mile Ranch Development Company. This water will be transferred to the Homeowner's Association at recording of the Final Plat (see attached change of ownership form and Agreement and Deed in Tab 4). Based upon the West Divide Conservancy District water contracted, the State Engineer's Office issued Colorado Division of Water Resources Well Permit Nos. 050790-F and 051103-F (see attached well permits). Ownership of the wells will be transferred to the homeowner's association at recording of the Final Plat (see attached change of ownership forms and the Agreement and Deed in Tab 4). The State Engineer reviewed the Four Mile Ranch Subdivision's proposal set forth in the Preliminary Plan. The State Engineer concluded that the proposed water supply will not cause injury to decreed water rights and recommended approval to the county. Furthermore, the State Engineer stated that the sustained flow rates from the wells and the appropriate storage capacity, the wells can adequately supply the proposed uses of the Four Mile Ranch Subdivision. F:\1999\Letters-Memos\COLODNY-4 Mile -Water Rights-kr.t.wpd LEAVENWORTH & TESTER, P.C. Page 2 June 24, 1999 In addition, the developer owns the following irrigation rights: FOUR MILE DITCH Adjudication Date Appropriation Date Case Number Grantor's ownership interest in c. f. s. Total Amount of Decree 5/11/1889 12/29/1913 8/25/1936 10/24/1952 11/6/1881 12/7/1903 5/15/1919 6/1/1920 132 1475 3082 4033 1.6 .8 2.0 2.72 3.2 1.6 4.0 5.44 These water rights will also be conveyed to the Homeowner's Association for the raw water irrigation system pursuant to the Agreement and Deed in Tab 4. This Agreement and Deed shall be executed at the recording of the Final Plat. In my opinion, there is an adequate legal supply of water for the Four Mile Ranch Subdivision. Please call me if you need any supplemental information or if you have any questions regarding this matter. LEL:bsl Enclosure F:\1999\Letters-Memos\COLODNY-4 Mile -Water Rights-Itr-1.wpd Very truly yours, LEAVENWORTH & TESTER, P.C. -r CDr c 0 CD C) ¢f 0 Cr) s ndui ash Ja;eJ m N 3 CD II. Lu CD CD ▪ C ▪ 11) CD Cr CD 0 1 CD p Z p y�'E m c c-�3�D °J 3 T Q o c 23.127 0.00 10.01 0.00 0.000 33.14 20.50 II 1,16 0.00 7.01 0,00 0,000 8.17 2,660.4 5.03 II aaaa- II 1.901 0.00 0.00 0.00 0.000 1.90 14.3 11 1.901 0.00 1.31 0.00 0.000 3.21 24.2 11 0.095 0.00 0.91 0.00 0.000 1.01 328.8 7.6 11 1 1.964 0.00 1.93 0.00 0.000 3.90 28.5 11 0.098 0.00 1.35 0.00 0.000 1.45 473.3 10.6 11 �OI a.a.2, (1) (2) (3) (4) (5) (6) (7)) (8) (9) (10) (11) (12) (13) (14) (15) Domestic Commercial Dom\Comm Open Space Livestock Average Domestic Commercial Dom\Comm Open Space Livestock Avg In-house In-house Irrigation Irrigation Total Flow In-house In-house Irrigation Irrigation Total Total Flow (ac -ft) (ac -IQ (ac -II) (ac -ft) (ac -It) (ac -ft) (gpm) (ac -ft) (ac -ft) (ac -fl) (ac -It) (ac -ft) (ac -Il) (gaix1000) (gpm) 1 Diversion Requirements O O O O P O O O O 8 8 888 8888 O 0 .+NN 0000 8 (OO (00 V N 8888 O O O O P 000.0 8 8 888 8888 0 50 5P 5P 5P 50000 §§ §§§ 25§§§ N W A A ..... N r 8 N A 4) N (J tp O O) V •g:', A V CO O N A A A A W .2 11 0.098 0.00 0.27 0.00 0.000 0.37 120.3 2.711 .7 11 0.098 0.00 1.19 0.00 0.000 1.28 418.1 9.41 ,6 I 0.095 0.00 1.69 0.00 ' 0.000 1.79 582.6 13.:i_ 9 0.098 0.00 1.59 0.00 0.000 1.69 550.5 12.J W W W W O O 0 0 0 0 m (Off N CO CO O m PP 9 O O O 88 p 8888 OO 0000 88 8888 O. OO 0000: 88 8888 - <. a PP 0000 O O 0 0 0P o- 00 00(00 Cd W N -. (J (J N W + N CO N .. 00 00(D0 O O 0 coop V V V VI V -r CDr c 0 CD C) ¢f 0 Cr) s ndui ash Ja;eJ m N 3 CD II. Lu CD CD ▪ C ▪ 11) CD Cr CD 0 1 CD Clerk and Recorder Recording Information Contract 4 970122FMRJV(c) nap ID # 244 Date Activated 1/30J97 WEST DIVIDE WATER CONSERVANCY DISTRICT APPLICATION FOR CHANGE OF OWNERSHIP Water Allotment Contract #- 970122FMRJV(c) Date - Name of Contract Holder: Four Mile Ranch Development Company Name of Assignee Four Mile Ranch Homeowners Association Address of Assignee: 1205 S. Platte River Drive, Suite GL100, Denver, CO 80223 Amount of Water Assigned in Acre Feet: 34.21 Legal description of parcel where well is located: That real property described on Exhibit A, attached hereto and incorporated herein by reference. Recording Information of Memorandum of Water Allotment Contract: Recording Information of Prior Application for Change of ownership: County Garfield Reception No. 509221 Book 1021 Page 349 County Garfield Reception No. 543096 Book 1122 Page 543 The undersigned Contract Holder and Assignee do hereby give notice to and make application to West Divide Water Conservancy District for the assignment of the above described Water Allotment Contract. By signing this instrument, Assignee does hereby agree to assume and be bound by the terms and conditions of said Water Allotment Contract and all addenda and exhibits thereto. It is understood that Contract Holder is released from performance under said contract to the extent that such performance has been hereby assumed by Assignee. Signed the date first appearing above. Contract Holder Contract Holder Loyal E. Leavenworth, agent Assignee Assignee Loyal E. Leavenworth, Agent STATE OF Colorado ) ss. COUNTY OF Garfield ) The foregoing instrument was acknowledged before me on this day of , 1999, by Loyal E. Leavenworth Witness my hand and official seal. My commission expires: STATE OF ss. COUNTY OF The foregoing instrument Notary Public was acknowledged before me on this day of , 19_, by Witness my hand and official seal. My commission expires: Notary Public APPROVED BY WEST DIVIDE WATER CONSERVANCY DISTRICT President Date After recording return to West Divide Water Conservancy District. P 0 Hox 14/8. Rifle. CO 81650-1478 • • • PROPERTY DESCRIPTION A PARCEL OF LAND SITUATED IN THE SW1/4NE1/4, THE SE1/4NW1/4, THE SW1/4 AND THE SE1/4 OF SECTION 27 AND IN THE NE1/4 AND THE NW1/4 OF SECTION 34, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDLAN; COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 27; THENCE N 88°28'35" W ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 27 1127.60 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF COUNTY ROAD NO. 117 (FOUR MILE ROAD), THE TRUE POINT OF PF•(INNTNG; THENCE LEAVING SAID EAST - WEST CENTERLINE N 18'56'44" W .ALONG SAID EASTERLY RIGHT-OF-WAY 36.69 FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY N 73°20'59" E 38.23 FEET; THENCE N 82°06'12" E 63.31 FEET; THENCE N 86°20'37" E 270.00 FEET; THENCE N 85°10'08" E 785.86 FEET TO A REBAR & CAP L.S. #6973 IN PLACE; THENCE S 54°17'37" E 186.62 FEET TO A REBAR & CAP L.S. #6973 IN PLACE; THENCE S 53°49'22" E 151.66 FEET TO A REBAR & CAP L.S. #6973 IN PLACE; THENCE S 43°17'21" E 231.65 FEET TO A REBAR & CAP L.S. #6973 IN PLACE; THENCE S 13°45'28" E 432.09 FEET; THENCE S 09°31'33" E 752.63 FEET TO A POINT ON THE.SOUTHERLY LINE OF THE N1/2SE1/4 OF SAID SECTION 27, A REBAR & CAP L.S. #5447 IN PLACE; THENCE S 88°26'43" E ALONG SAID SOUTHERLY LINE 337.95 FEET; THENCE LEAVING SAID SOUTHERLY LINE S 01"26'34" W 750.13 FEET; THENCE S 83°24'24".2 293.01 FEET TO A POINT ON THE EASTERLY LINE OF THE SW1/4SE1/4 OF SAID SECTION 27; THENCE S 01°25'47" W ALONG SAID EASTERLY LINE 593.22 FEET TO THE EAST 1/16 CORNER OF SECTIONS 27 AND 34; THENCE S 08°36'18" W 691.41 FEET; THENCE N 79°38'39" W 447.68 FEET; THENCE N 84°09'51" W 254.28 FEET; THENCE N 83°37'26" W 279.76 FEET; THENCE N 83°46'47" W 395.98 FEET; THENCE N 83°37'23" W 309.58 FEET; THENCE N 84°01'09" W 354.18 FEET TO A POINT .ON THE EASTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD NO. 117, A REBAR AND ALUMINUM CAP IN PLACE; THENCE THE FOLLOWING FIVE (5) COURSES ALONG SAID EASTERLY RIGHT-OF-WAY:. 1. N 10°48'50" W 828.56 FEET 2. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 680.30 FEET AND A CENTRAL ANGLE OF 37°20'20", A DISTANCE OF 443.34 FEET (CHORD BEARS N 07°11'40" E 435.54 FEET) 3. N 25"51'50" E 316.05 FEET 4. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 881.92 FEET AND A CENTRAL ANGLE OF 44°40'10", A DISTANCE OF 687.57 FEET (CHORD BEARS N 03°31'45" E 670.29 FEET) 5. N 19°25'02" W 1043.51 FEET TO TNF TRUE POINT OF BEGINNINg; SAID PARCEL CONTAINING 138.773 ACRES, MORE OR LESS. Exhibit A FOAM NO. GWS -11 07/s3- STATE E OF COLORADO . G-FICE OF THE STATE ENGINEER 818 Centennial Bldg, 1313 Sherman St, Dearer, Colorado 80203 (303) 866-3581 For Office use only - PRIOR TO COMPLETING FORM, SEE INSTRUCTIONS ON REVERSE SIDE •NGE IN OWNERSHIP/ADDRESS / LOCATION WELL PERMIT, LIVESTOCK TANK OR EROSION CONTROL DAM 1. NEWOWNER Four Mile Ranch Homeowners Association NAME(S) c/o Leavenworth & Tester, P.C. Mailing Address P. 0. Drawer 2030 City, St Zip Glenwood Springs, CO 81602 Phone (. ) (970) 945-2261 2. THIS CHANGE IS FOR ONE OF THE FOLLOWING: I WELL PERMIT NUMBER 050790-F r._..._...._...-.•-.---..... LVESTOCK WATER TANK NUMBER 1 EROSION CONTROL DAM NUMBER - 3. `-our Mile WELL LOCATION: COUNTY Garfield • _ _ _ OWNER'S WELL DESIGNATION Ranch Well No. 1 _ (Address) NE 1/4 of the NW 1/4, Sec. 34 Twp. 6 433c *ices from Section Lines Ft fromN. _._._..._ ._ ❑ N. or or n x< S.U _ — (city) S., Range 89_ ❑ E. or 2029 ne, ._ Ft. from -..... (State) ❑ ) W. E or __ 6th _-_•..... P.M. W. Line. Subdivision Lot Block Filing (Unit) 4. LIVESTOCK TANK OR EROSION CONTROL DAM LOCATION: COUNTY _ _ 1/4, Sec. Twp ❑ N. or ❑ S., Range n E or ❑ W. ________ P.M. 5. The The rx above listed owner(s) say(s) that he (they) own the structure described herein. existing record is being amended for the following reason(s): Change in name of owner. ❑ Change in mailing address. ❑ Correction cf lornticn. 6. I (we) have read the statements made herein, know the contents thereof, and state that they are true to my (our) knowledge. [Pursuant to Section 24-4-104 (13) (a) C.R.S., the making of false statements herein constitutes perjury in the second degree and is punishable as a class 1 misdemeanor.] Name/Ttle (New Owner) Please type or print Four Mile Ranch Homeowners Association by Russell Colodny, President Signature (New Owner) Date FOR OFFICE USE ONLY - • State Engineer By Date Court Case No. Div. Co. WD ' Basin MD Use Forrri'No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg.. 1313 Sherman Si..Denver. Colorado 80203 (303) 866-3581 t: 1095 WELL PERMIT NUMBER 050790 - F. _ DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot: Block FOUR MILE RANCH DEVELOPMENT CO % LEAVENWORTH & TESTER P 0 DRAWER 2030 GLENWOOD SPRGS CO 81602- (970) 945-2261 PERMIT TO USE AN EXISTING WELL Filing: Subdiv• FOUR MILE RANCH APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 NW 1/4 Section 34 Twp 6 S RANGE 89 W 6th P.M. DISTANCES FROM SECTION LINES 433 Ft. from North Section Line 2029 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the use of an existing well (constructed as a monitoring hole under file no. MH -29828), appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #970122FMRJV(b). 4) The use of ground water from this well is limited to ordinary household purposes inside 58 single family dwellings and the irrigation of not more than 3.3 acres of lawn and garden irrigation (2,500 square feet per dwelling). All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. 5) The maximum pumping rate shall not exceed 75 GPM. 6) The annual of amount of ground water to be appropriated shall not exceed 32.58 acre-feet. 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) The well shall be located not more than 200 feet from the location specified on this permit and not Tess than 600 feet from any existing well. 9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) Approved for the installation of a pump in, and the use of, an existing well, constructed on January 15, 1997, to a depth of 94 feet, under monitoring hole notice MH -29828, acknowledged December 19, 1996. (4"b APPROVED JD2 State Engineer =ORM NO. 3WS-11 37 STATE OF COLORADO ',OFFICE OF THE STATE ENGINEER 818 Centennial Bldg., 1313 Sherman St, Deriver, Colorado 80203 (.303) 866-3581 For Office Use only . PRIOR TO COMPLETING FORM, SEE INSTRUCTIONS ON REVERSE SIDE CNGE IN OWNERSHIP/ADDRESS / LOCATION WEiL PERMIT, LIVESTOCK TANK OR EROSION CONTROL DAM 1. NEW OWNER Four Mile Ranch Homeowners Association NAME(S) c/o Leavenworth & Tester, P.C. Mailing Address P. 0. Drawer 2030 City, St Zip Glenwood Springs, CO 81602 Phone( ) (970) 945-2261 2. THIS CHANGE IS FOR ONE OF THE FOLLOWING: ❑ r❑ WELL PERMIT NUMBER 051103—F LIVESTOCK WATER TANK NUMBER EROSION CONTROL DAM NUMBER........ ___________ 3. Four Mile WELL LOCATION: COUNTY.___ Garfield ____ OWNER'S WELL DESIGNATION Ranch Well No. 2 (Address) NE 1/4 of t e NW 1/4, Sec, 34 Twp, 6 •cesfromSectionUnes 380 Ft from ❑ N. or '.' N. or ❑ S. (C ty) S., Range 89 _.❑ E. or Line, 2100 Ft from I�I�1( E ❑ ) (Zw) W. __ 6th, P.M. E orEl W. Line. Suudivision Lot _ Block._.__.._._._ Filing (Unit) -- 4. LIVESTOCK TANK OR EROSION CONTROL DAM LOCATION: COUNTY —„._ — ,—,_..__.„_.„._ .___....__ 1/4, Sec. ..... Twp.._.._....... ❑ N. or ❑ S., Range__._.._ ❑ E or❑ W. _..._ P.M. 5. The The Mil dui above listed owner(s) say(s) that he (they) own the structure described herein. existing record is being amended for the following reason(s): Change in name of owner. ❑ Change in mailing address. ❑ Correction of location. 6. I (we) have read the statements made herein, know the contents thereof, and state that they are true . to my (our) knowledge. [Pursuant to Section 24,4--104 (13) (a) C.R.S., the making of false statements herein constitutes perjury in the second degree and is punishable as a class 1 misdemeanor.] NFourmMiae/Title (lNewe OwnerRanch) Homeowners APlease type or printssociat by Russell Colodny, President iSignatureon (New Owner) Date FOR OFFICE USE ONLY . • State Engineer By Date Court Case No. Div. Co. WD • Basin MD Use • Form No. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 7 ( '1516 Centennial Bldg., 1313 Sherman Si. Deriver. Colorado 80203 i I '.';1:.(tpb3) 8 b.3581 DEF. 09193 APPLICANT r 1095 WELL PERMIT NUMBER 051103 - F DIV. 5 CNTY 23 WD 38 DES. BASIN MD Lot: Block: Filing Subdiv: FOUR MILE RANCH APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 NW 1/4 Section 34 Twp 6 S RANGE 89 W 6th P.M. FOUR MILE RANCH DEVELOPMENT CO % LEAVENWORTH & TESTER 1011 GRAND AVE GLENWOOD SPRINGS, CO 81601- (970) 945-2261 PERMIT TO CONSTRUCT A WELL DISTANCES FROM SECTION LINES 380 Ft. from North Section Line 2100 Ft. from West Section Line • ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does riot assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WOWCD contract #970122FMRJV(b). This well is identified as Four Mile Ranch Well No. 2. 4) The use of ground water from this well is limited to ordinary household purposes inside 58 single family dwellings, and the irrigation of not more than 3.3 acres of lawn and garden (2,500 square feet of irrigation per dwelling). All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. 5) The maximum pumping rate shall not exceed 75 GPM. 6) The combined annual amount of ground water to be appropriated by this well and Four Mile Ranch Well No. 1 shall not exceed 32.58 acre-feet. 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permapent records of all diversions mist be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) The well shall be constructed not more than 200 feet from the location specified on this permit and not less than 600 feet from any existing well not owned by the applicant. 9) The owner shall mark the well in a conspicuous place with welt permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) Monitoring hole notice MH -34856, was acknowledged for construction of a monitonn and observation hole for this applicant. in this 'A, 'A, on 10/05/98. '- /2 /9 S APPROVED DMW Slate Eng. - _ n r1 -- .r, r, r, av • • l44/ COUit/7;c7 NG/NE iP/il/C December 27, 1999 Mark Bean and Bob Szrot Garfield County Planning and Engineering 109 8th Street Glenwood Springs, CO 81601 Re: Four Mile Ranch — Deposit Agreement HCE Project No. 96098.04 Dear Mark and Bob: This letter is to determine the amount of the deposit agreement that will be required by Four Mile Ranch to complete Final platting as of December 21, 1999. The project has been under construction for over a year now and most of the work has been completed. To determine the remainder of the project cost, I have taken the amount of the original contract with CG&G Construction (1,700,000) less the itemized quantity of work completed to date (1,633,500) with an added contingency of 10% for unforeseen costs. Therefore, we have independently reviewed the remaining costsand in my professional opinion, the amount needed to completer the on-site work is: (S 1,700,000 — $ 1,633,500) * 1.1 = $ 73,150 As you know, the County, the City and the Developer met in April of 1999 and identified right-of-way issues for the reconstruction of County Road 117 with a revised vertical alignment. Furthermore, the off- site plans were submitted to the City. Engineer for review in May of 1999. To date, as we discussed at the meeting on December 24, 1999, the County has made no progress toward a decision regarding right- of-way acquisition. The City reviewed the off-site plans and provided The Four Mile Ranch Development Company with a delayed response on December 10, 1999. The approved Preliminary Plan provided that in lieu of road impact fees, the Developer would reconstruct County Road 117 to the Midland intersection to the same road section as constructed by the County adjacent to the Four Mile property to the extent of available right-of-way. Therefore, given the late date and the time considerations, The Four Mile Ranch Development Company will construct the proposed sewer and shallow utilities within the prescribed County Road 117 easement and the existing vertical alignment. The proposed design will utilize the existing roadway platform for sewer manhole rim elevations and shallow utility depths. High Country Engineering is in the process of preparing new construction documents for this design. In my professional opinion, the proposed off-site utility installation and roadway improvements will cost approximately $ 303,433.00. With an added contingency of 10% for unforeseen costs, the total projected cost is: S 303,433.00 * 1.1 = S 333,776.30 West Canyon Tree Farm, Inc. has also estimated that the cost to landscape the on-site portion of the Four Mile Ranch Subdivision to be approximately $127,703.80. 923 COOPER AVENUE • GLENWOOD SPRINGS, COLORADO 81601 Telephone (970) 945-8676 • Fax (970) 945-2555 I • • Mark Bean and Bob Szrot Re: Four Mile Ranch — Deposit Agreement HCE Job No. 96098.04 December 23, 1999 Page2of2 Therefore, the total deposit agreement for this project should be: S 73,150+ S 333,776.30+ $ 127,703.80 = $ 534,630.10 If you have any questions or comments, please feel free to contact me. Sincerely, ‘•\�� ,Or REG/.sit 9 9 FARING, INC. fi • i Joe D.Vo e,P - cc Projec eager • 4. _ i q . v�?, 1, SIONA\�-� cc: Lee Leavenworth FOUR MILE RANCH SUBDIVISION SUMMARY OF CONTRACTOR'S BID AND REMAINING COST TO DATE AS PER CG&G'S BID December 15. 1999 HCE JOB NO: 96098.04 ...www..,, ITEM QUANTITY UNIT COST COST REMAINING COST Grading and Earthwork • Mobilization 1 L.S. 0.00 0.00 Earthwork 1 L.S. 50.000.00 50.000.00 Water Tank Base Prep. (Earthwork and Prep) 1 L.S. 17.500.00 17.500.00 4' Asphalt 15860 S.Y. 10.25 162.565.00 6' Class 6 ABC 3900 C.Y. 18.00 70.200.00 2' Curb & Gutter 11330 L.F. 12.00 135.960.00 4' Concrete Sidewalk 43870 S.F. 4.00 175.480.00 Flatwork (Cross Pans - 480 S.F.) I L.S. 1.800.00 1.800.00 Emergency Access 6' Class 6 ABC 395 C.Y. 18.00 7,110.00 Bike path (""') 1 L.S. 9,180.00 9.180.00 4" Class 6 ABC -Bike Path 350 C.Y. 16.00 5,600.00 2.5' Asphak-Bike Path 3065 S.Y. 4.00 12.260.00 4' Class 6 ABC -Jogging Trail 510 C.Y. 16.00 8,160.00 Rock Lining for Channels (12' minus) 650 S.F. 56.00 36.400.00 Storm Drams 30" ADS N-12 (48 L.F.) 36' ADS N-12 (66 L.F.) 18" ADS N-12(52 L.F.) 30' Mitered End 36" Mitered End 18' Mitered End Rock Lining for Channels Domestic Water''" 1 L.S. 1,728.00 1.728.00 1 L.S. 1,518.00 1.518.00 1 L.S. 1,404.00 1,404.00 2 Each 350.00 700.00 4 Each 200.00 800.00 4 Each 300.00 1.200.00 650 S.F. 18.00 11,700.00 'price includes trenching and finings 8' DIP Waterline (6900 L.F.) t L.S. 182,280.00 182,280.00 8' Gate Valve 14 Each 400.00 5,600.00 10' DIP Waterline 1100 L.F. 37.00 40.700.00 10' Gate Valve 4 Each 800.00 3,200.00 314' Water Service 58 Each 750.00 43.500.00 10'x8' Reducer 2 Each 270.00 540.00 Fire Hydrant Assembly 12 Each 1,750.00 21,000.00 Air Vac 4 Each 1,250.00 5.000.00 Pump House 1 Each 25,000.00 25.000.00 Pump House Appurtenances 1 L.S. 25,000.00 25,000.00 Water Tank (300.000 gal) Steel 4 Appurtenances 1 L.S. 100,000.00 100.000.00 Sewer 'price includes trenching and fittings 4' Dia. Manhole 35 Each 2.000.00 70,000.00 8' SDR 35 Sewerline (7210 L.F.) 1 L.S. 222,880.00 222.880.00 Tie into Existing Sewer Line 1 Each 250.00 250.00 4' Sewer Service 58 Each 750.00 43,500.00 Shallow Ofi ittes � Electric Vault (61) Natural Gas line (6700 L.F.) Elec/Tele/Cable (Trench & Conduit -10270 L.F.) 1 L.S. 5,700.00 5,700.00 1 L.S. 41,940.00 41,940.00 1 L.S. 55,725.00 55,725.00 ,...+r2. <,,..r, - Irrigation 6 -PVC Irrigation Main 5870 L.F. 11.00 64,570.00 Irrigation Gate Valve 19 Each - 300.00 5.700.00 Irrigation Air Release Valve 4 Each 750.00 3,000.00 I' litigation Service 58 Each 200.00 11.600.00 Miscellaneous • V_ •� r .7 Revegetate/Landscape 1 L.S. 10.000.00 10.000.00 Class I Ground Sign (7) 7 Each 150.00 1.050.00 Erosion and Sediment Control 1 L.S. 1,000.00 1.000.00 0.00 1.000.00 0.00 0.00 0.00 0.00 500.00 1.000.00 1.000.00 0.00 0.00 0.00 4,000.00 0.00 0.00 0.00 0.00 0.00 800.00 1200.00 500.00 2,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3.000.00 35,000.00 0.00 1.000.00 0.00 0.00 3,000.00 0.00 0.00 2.000.00 0.00 0.00 0.00 10,000.00 0.00 500.00 SUB TOTAL 10% Contingency TOTAL 51,700,000.00 5170.000.00 81,870,000.00 This summary of probable construction cost was prepared for estimating purposes only. High Country Engineering. Inc. cannot be held responsible for variances from this estimate as actual costs may vary due to bid and market fluctuations. 866,500.00 56,650.00 1 • ALTERNATIVE FOUR MILE RANCH OFF-SITE IMPROVEMENTS SUMMARY OF PROBABLE CONSTRUCTION COST 2l -Dec -99 HCE JOB NO: 96098.04 ITEM QUANTITY UNIT COST COST Grading and Earthwork Mobilization Earthwork Asphalt Stripping/Disposal Road base Stripping/Disposal Chip and Seal 2" Asphalt Resurfacing Storm Drains 1`'^ 42" ADS N-12 18" ADS N-12 18" ADS N-12 18" ADS N-12 18" ADS N-12 18" ADS N-12 42" Mitered End Relocate 24" CMP L.S. 5,000.00 5,000.00 1 L.S. 20,000.00 20,000.00 3870 S.Y. 3.50 13,545.00 650 C.Y. 5.00 3,250.00 2940 S.Y. 3.50 10,290.00 1730 S.Y. 6.00 10,380.00 135 L.F. 68.00 9,180.00 42 L.F. 35.00 1.470.00 24 L.F. 35.00 840.00 20 L.F. 35.00 700.00 18 L.F. 35.00 630.00 36 L.F. 35.00 1,260.00 2 Each 750.00 1,500.00 1 Each 600.00 600.00 Sewer *price includes trenching and fittings 4' Dia. Manhole 8 Each 2,700.00 21,600.00 8" SDR 35 Sewerline** 2828 L.F. 30.00 84,840.00 Tie into Existing Sewer Line 2 Each 800.00 1,600.00 4" Sewer Service 5 Each 900.00 4,500.00 8" SDR 35 Sewerline Stub I Each 500.00 500.00 Shallow Utilities Electric Vault / Splice Box. 13 Each 400.00 5,200.00 Electric/Telephone/Cable 6163 L.F. 8.00 49,304.00 Power Pole Removal/Disposal 9 Each 200.00 1,800.00 2" Gas Line 2111 L.F. 4.00 8,444.00 Miscellaneous Revegetate/Landscape 1 L.S. 5,000.00 5,000.00 Erosion and Sediment Control 1 L.S. 5,000.00 5,000.00 12" Minus Rock in Place 1000 S.F. 7.00 7,000.00 Traffic Control 1 L.S. 30,000.00 30,000.00 SUB TOTAL $303,433.00 10% Contingency S30,343.30 TOTAL 5333.776.30 ** This summary of probable construction cost assumes that a variance is granted from the Ciry of Glenwood Springs for Technical Specification 02221.3.090 which requires all trenching within the existing roadway to be backfilled with Class 6 aggregate. Additional site specific geotechinical information and written approval of variance from the Ciry of Glenwood Springs will be required before construction may begin. This summary of probable construction cost was prepared for estimating purposes only. High Country Engineering, Inc. cannot be held responsible for variances from this estimate as actual costs may vary due to bid and tnarket fluctuations. "[r.11/ :47PM 1-11-3rrRun 1 I CR VC1C1„urlsn 1 y)pq.7 L'Ia ,., LL' 17896'c253s .'4.. Jib1�w JUJ17•:11000 1-770 ".13(/ I.) rru rr t-rc ,'. 7 rYaGv�+ r r uCT.. lb 1717 r3[; Wet Canyon Tree Fans, Is IW M 320 63ra+r/ Wr. CO 1161 (01)111W33:11= OM 9W 309 cr.t.Mrarm • --• 84311 q1_111 Purr zit i AirOi 1 -r 2.54-0v 1S Osie 44r ate. afiey 11 6_ .LJJ 211.a.cr tat. 14 ensippit. Asse 214,aar ast 15 icassiagia Italtwx .2.58.? c.►. 1414pviaolds,a rl11 a++arr 1.1.1.ar cal 13 Araigas K K , RoXPV lit 44 K. Sd FAC. Evan Nr ht. tC 1 Or. 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K barecntscla ar eta alto a1rAs DeRreni as wad in 11411 rase ana ;rows ru•naai. 111111110 011.01Ale.atrium for awn im avis waft era tins perensrt. 'Pu iab aasaa ar lam= i1laa =101mo mom mime sea O�rAtsb a % b it10 sNh mai d I•rrbv Act Yq Carrrasar. fr Prom n4 rrdot. /Its Apeross Ni as 1100 seta atm wils Dodo d ti raifosca m rases. atlreeeeoq. at S aagts d 1He pia truss taw amatat +err al fr+r Canna Ota+ PPM sptaeae Tat eras Cultic b ter elms AQsertwtt maw tan WIN ird wit no 4Mwr ap+so rllerlWla N19e1 X 011t11Yiw air almaM liens Wait a i arm sow tt►Q artaraCr-1 meet no tthoarria I rw rem K SIM ispimaeli aro sCYflama la keLIM I arrlrt mnffors. N W1114161 w►tINE cF a pries Het nsoutros w miner natio Ara ears M arty grad >K !st a mss woos_ f�Iiiaimmosimr "7'w • r40.4 444 FPI VANS IdinTAA Farm. !+a _2q_g9 1',:46AI4 I'MA-FRONT IER CE'dELOPtiEMT 303733G302 T -35o P.'3/13 F -i73 tQ" : craiZ Const , U_C PiOE ►Q- : 4735243477 --' Nos. A7 1999 a2: 27P1 PG -t1•n 51:111w f aT) CCElCNIIT u:1rAlla:.-._ T-iti 11W HU - +••• Fp .. •• a,.., AA Ilm • w r i r urr6T, VI* I.•IlbL +.777i6ii Le e)'1 P O O I •Mil I • PIM 42 .. Was Caro, DO Fans lac araisr Worp+rti:s wWOW IIINAILINI le al ______„ jimis.l Is.�.w�. ,_, ''I �! ► lamesrirw Or Illr .t zdellOSOS, 0 is;smitiifii Z! aihapastadoe WV*. lanai 21.411 a lados Oa. ells x AIM Oft 611 IA le.x ' i►Q4 =am. loose W Ic11 liWatilhiorly W4 OAF 2,4027.2 la wa•M• twI$ MIL• is me OAK MIL • w. w •.R Sam aim I.w1... ~aro JLL 0 est i*ma Val as sem awl OnwroWill lir. n . 441•4040 .4 1 Vim I1► 41 ISbalm IWO NOS �ielm sem Ir. /YJ4s .,_ atom Am*. Ism Ossaw I. as w s*.er. -.— -- s ale May -12-99 12:58P Stella Archuleta • • 970-945-7785 P.02 GARFIELD COUNTY ZONING RESOLUTION OF 1978 BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO P.O. BOX 640 GLENWOOD SPRINGS, CO 81602 Adopted & Enacted January 2, 1979 Effective January 2, 1979 THIS COPY INCLUDES ALL AMENDMENTS THROUGH: March 1, 1999 May -12-99 12:58P Stella Archuleta • • • 970-945-7785 P_03 thereof. In unsubdivided land or where a zone district boundary divides a lot or parcel, the location of such boundary, unless indicated by dimension, shall be determined by scale of the Zone District Map. Where a zone distnct'boundary coincides with a right-of--wav line and said right-of-way is subsequently abandoned, the zone district boundary shall then follow thc centerline of the former right-of-way. Land not part of a public nght-of-wav and which is not indicated as being in any zone district shall be considered to be included in the most testa icted adjacent zone district even when such district is separated from the land in question by a public right-of-way. 1.07 APPLICATION OF REGULATIONS These regulations shall apply to the entire unincorporated arca of Garfield County, Colorado. Except as hereinafter provided: No building or structure shall be erected and no existing building or structure shall be moved, removed, altered or extended, nor shall any land, building or structure be used for anyp� Ere or in any manner other than as provided among the uses hereinafter listed in thc Zone District Regulation for thc district in which such land, building or structure is located; No building or structure shall be erected nor shall any existing building or structure be moved, removed, altered or extended nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the lot area, lot coverage, floor area ratio, setback and height provisions hereinafter provided in the Zone Distract Regulation for the district in which such land, building or structure is located; No lot area, frontage, yard or other open space or parking provided about any building or structure for purposes of compliance with provisions of this Resolution shall be considered as providing lot arca, frontage, yard or other open space or parking for any other building or structure in the same lot or on any other lot; Uscs permitted by this Resolution shall also be subject to provisions of other applicable county and state regulations except as specifically provided herein; and further, where the provisions of this Resolution impose a greater restriction than set forth by such other regulation, the provisions of this Resolution shall govern. 1.08 Ranching, farming, and all manner of agricultural activities and operations within and throughout Garfield County arc integral elements of, and necessary for, the continued vitality of the County's history, economy, landscape, lifestyle and culture. Given their importance to Gal field County, western Colorado, and the State of Colorado, agricultural lands and operations are worthy of recognition and protection. Colorado is a "Right -to -Farm' Stateursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept thc activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a stioig rural character and a healthy ranching sector. Those with an urban sensitivity may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, noise and odor. However, State law and County policy provide that ranching, farming or other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non - negligent manna. Therefore, all must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers. soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations. 3 May -12-99 12:S9P Stella Archuleta • • 970-945-7785 P_04 In addition all owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners arc encouraged to Team about these rights and responsibilities and act as :good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. The Board of County Commissioners has also established a dispute resolution procedure designed to informally resolve conflicts that may arise between landowners relating to agricultural operations or activities. When you and your neighbor cannot come to an agreemaat a understanding about fences, ditches, livestock, or other agricultural issues, this may be the forum you need—knowledgeable mediators, solution-oricnted, informal, voluntary, confidential, and without direct lawyer involvement. For further information regardingCounty obligations and rights under this policv, you arc invited to contact the Board ofCounty Commissioners of Garfield County. (A9'7-60) 4 CERTIFICATE OF TAXES DUE Certificate 992306 ;TATE OF COLORADO ss. .O OF GARFIELD )RDERED BY:KELLY CAVE NOTICE L, the undersigned, do hereby certify that the entire amount of Real 3state taxes due upon parcels of real estate property described herein, Ind all sales of the same for unpaid real estate taxes shown by the records in my office, from which the same may still be redeemed with =he amount required for redemption, are as noted herein. FOUR MILE RANCH DEVELOPMENT COMPANY 1011 GRAND AVENUE 3LENWOOD SPRINGS CO 81601 SCHEDULE DISTRICT 080089 008 2185 274 00 039 DESCRIPTION AMOUNT 27-6-89 A TR. OF LAND IN THE S2 SEC. 27 & N2 SEC. 34 CONT. 32 AC. LESS AIRPORT RD. ROW OF .10 AC. EXCEPT .113 AC FOR ROW AS DESC IN BK 1019, PG 247. OK 0561 PG 0278 K 0668 PG 0910 BK 0883 PG 0855 BK 0883 PG 0840 BK 0983 PG 0093 BK 1073 PG 0562 BK 1077 PG 0305 TOTAL VALUE 1220 ACRES: 31.787 1998 TAX * * * * TAX DUE TTL DUE: TAXES DUE $82.24 Taxing Entity Mill Levy Tax Dollars GARFIELD COUNTY - GENERAL FUND GARFIELD COUNTY - ROAD & BRIDGE FUND GARFIELD COUNTY - SOCIAL SERVICES FUND GARFIELD COUNTY - CAPITAL EXPENDITURES GLENWOOD RURAL FIRE - GENERAL FUND COLORADO RIVER WATER CONSERVATION DIST. WEST DIVIDE WATER CONSERVANCY RE -1 GENERAL RE -1 BOND COLORADO MOUNTAIN COLLEGE GLENWOOD RURAL FIRE - BOND 9.077 1.393 1.228 1.957 5.719 0.309 0.270 33.391 10.231 3.539 0.297 11.06 1.70 1.50 2.39 6.98 0.38 0.33 40.74 12.48 4.32 0.36 Inf tion regarding special taxing districts and boundaries of such districts may on file or deposit with the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. This certificate does not include land or improvements assessed under a separate schedule number, Personal Property Taxes, or Special Improvement District Assessments, Mobile Homes, or Severed Minerals unless pecifically mentioned. • otal Calculated Through 06/30/99 Total Taxes Due: $0.00 FEE: $10.00 IN WITNESS WHEREOF, I have hereunto set my hand and seal, on this date 06/18/99 GEORGIA CHAMBERLAIN Treasurer o GARFIELD County, Colorado • by C ;/c3'9(.puty J STATE OF COLORADO 7,oU/ OF GARFIELD )RDERED BY:KELLY CAVE SS. CERTIFICATE OF TAXES DUE Certificate 992307 NOTICE I, the undersigned, do hereby certify that the entire amount of Real 3state taxes due upon parcels of real estate property described herein, and all sales of the same for unpaid real estate taxes shown by the records in my office, from which the same may still be redeemed with the amount required for redemption, are as noted herein. FOUR MILE RANCH DEVELOPMENT COMPANY 1011 GRAND AVENUE GLENWOOD SPRINGS CO 81601 SCHEDULE DISTRICT 080090 008 2185 273 00 038 DESCRIPTION AMOUNT 27-6-89 1998 TAX $88.31 TR OF LAND IN S 1/2 LYING ELY OF CO.RD. 117. EXCEPT A TR. CONT. .413 AC. AS DESC. IN 1019/245 * * * * TAXES DUE * * * * USED FOR CO. RD. ROW. TAX DUE $0.00 4101R 0561 PG 0278 K0668 PG 0910 TTL DUE: $0.00 BK 0883 PG 0855 BK 0883 PG 0840 BK 0983 PG 0125 BK 1077 PG 0299 TOTAL VALUE 1310 ACRES: 34.587 Taxing Entity Mill Levy Tax Dollars GARFIELD COUNTY - GENERAL FUND GARFIELD COUNTY - ROAD & BRIDGE FUND GARFIELD COUNTY - SOCIAL SERVICES FUND GARFIELD COUNTY - CAPITAL EXPENDITURES GLENWOOD RURAL FIRE - GENERAL FUND COLORADO RIVER WATER CONSERVATION DIST. WEST DIVIDE WATER CONSERVANCY RE -1 GENERAL RE -1 BOND COLORADO MOUNTAIN COLLEGE GLENWOOD RURAL FIRE - BOND 9.077 1.393 1.228 1.957 5.719 0.309 0.270 33.391 10.231 3.539 0.297 11.91 1.82 1.61 2.56 7.49 0.40 0.35 43.74 13.40 4.64 0.39 Information regarding special taxing districts and boundaries of such districts 411 may on file or deposit with the Board of County Commissioners, the County Cie/ end Recorder, or the County Assessor. This certificate does not include land or improvements assessed under a separate schedule number, Personal Property Taxes, or Special Improvement District Assssments, Mobile Homes, or Severed Minerals unless specifically mentioned. Tot :alculated Through 06/30/99 Total Taxes Due: $0.00 FEE: $10.00 IN WITNESS WHEREOF, I have hereunto set my hand and seal, on this date 06/18/99 GEORGIA CHAMBERLAIN ,yam :>>• . iJ l -. Treasurer„ ;Qf GA'/ELD ' ��County, Colorado ,.'. ' • • by c /z,d29 ': Deputy CERTIFICATE OF TAXES DUE Certificate 992308 STATE OF COLORADO ss. CO OF GARFIELD ORDERED BY:KELLY CAVE NOTICE I, the undersigned, do hereby certify that the entire amount of Real Estate taxes due upon parcels of real estate property described herein, and all sales of the same for unpaid real estate taxes shown by the records in my office, from which the same may still be redeemed with the amount required for redemption, are as noted herein. FOUR MILE RANCH DEVELOPMENT COMPANY 1011 GRAND AVENUE GLENWOOD SPRINGS CO 81601 SCHEDULE DISTRICT 080091 008 2185 273 00 037 DESCRIPTION AMOUNT 27-6-89 TR OF LAND LYING ELY OF CO.RD. 117 BK 0561 PG 0278 BK 0668 PG 0910 BK0883 PG 0855 SK 0883 PG 0840 BK 0983 PG 0125 BK 1077 PG 0299 TOTAL VALUE 1250 ACRES: 35.000 1998 TAX $84.26 * * * * TAXES DUE * * * * TAX DUE $0.00 TTL DUE: $0.00 Taxing Entity Mill Levy Tax Dollars GARFIELD COUNTY - GENERAL FUND GARFIELD COUNTY - ROAD & BRIDGE FUND GARFIELD COUNTY - SOCIAL SERVICES FUND GARFIELD COUNTY - CAPITAL EXPENDITURES GLENWOOD RURAL FIRE - GENERAL FUND COLORADO RIVER WATER CONSERVATION DIST. WEST DIVIDE WATER CONSERVANCY RE -1 GENERAL RE -1 BOND COLORADO MOUNTAIN COLLEGE GLENWOOD RURAL FIRE - BOND 9.077 1.393 1.228 1.957 5.719 0.309 0.270 33.391 10.231 3.539 0.297 11.33 1.74 1.54 2.45 7.15 0.39 0.34 41.74 12.79 4.42 0.37 Information regarding special taxing districts and boundaries of such districts may be on file or deposit with the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. "'f This certificate does not include land or improvements assessed under a separate schedule number, Personal Property Taxes, or Special Improvement District Assessments, Mobile Homes, or Severed Minerals unless specifically mentioned. 'otal Calculated Through 06/30/99 • Total Taxes Due: $0.00 FEE: $10.00 :N WITNESS WHEREOF, I have hereunto set my hand and seal, on this date 06/18/99 GEORGIA CHAMBERLAIN reasurer GARFIELD County, Colorado • • 7.0 4A % I -1C puty CERTIFICATE OF TAXES DUE Certificate 992309 ;TATE OF COLORADO SS. :OUN. OF GARFIELD )RDERED BY:KELLY CAVE NOTICE , the undersigned, do hereby certify that the entire amount of Real state taxes due upon parcels of real estate property described herein, d all sales of the same for unpaid real estate taxes shown by the ecords in my office, from which the same may still be redeemed with he amount required for redemption, are as noted herein. OUR MILE RANCH DEVELOPMENT COMPANY 011 GRAND AVENUE LENWOOD SPRINGS CO 81601 SCHEDULE DISTRICT 080092 008 2185 274 00 040 DESCRIPTION AMOUNT 27-6-89 EC.27&34 TR OF LAND IN S1/2 SEC.27 & N1/2 SEC.34 ONT. 36.6AC LESS AIRPORT RD. 1.6A BK 0561 PG 0278 R 0668 PG 0910 0883 PG 0855 BK 0883 PG 0840 BK 0983 PG 0093 BK 1077 PG 0305 TOTAL VALUE 1250 NCRES: 35.000 1998 TAX * * * * TAXES DUE TAX DUE TTL DDE: $84.26 Taxing Entity Mill Levy Tax Dollars ARFIELD COUNTY - GENERAL FUND 'ARFIELD COUNTY - ROAD & BRIDGE FUND ARFIELD COUNTY - SOCIAL SERVICES FUND ,ARFIELD COUNTY - CAPITAL EXPENDITURES LENWOOD RURAL FIRE - GENERAL FUND .OLORADO RIVER WATER CONSERVATION DIST. JEST DIVIDE WATER CONSERVANCY RE -1 GENERAL RE -1 BOND COLORADO MOUNTAIN COLLEGE LENWOOD RURAL FIRE - BOND 9.077 1.393 1.228 1.957 5.719 0.309 0.270 33.391 10.231 3.539 0.297 11.33 1.74 1.54 2.45 7.15 0.39 0.34 41.74 12.79 4.42 0.37 Information regarding special taxing districts and boundaries of such districts may be on file or deposit with the Board of County Commissioners, the County Ciend Recorder, or the County Assessor. This certificate does not include land or improvements assessed under a separate schedule number, Personal Property Taxes, or Special Improvement District Assessments, Mobile Homes, or Severed Minerals unless specifically 'mentioned. Cotalculated Through 06/30/99 Total Taxes Due: $0.00 FEE: $10.00 IN WITNESS WHEREOF, I have hereunto set my hand and seal, on this date 06/18/99 , GEORGIA CHAMBERLAIN ,. .>. . . . . . . . reasurez, of GFjR.FIELD' '' County, Colorado • • • by r5Gh! COUNTiP NG/NEED/NG June 7, 1999 Garfield County Board of Commissioners. 109 8th Street - Glenwood Springs, CO 81601 :_Re FourMile Ranch - Final Plat Submittal; HCE Project No.: 96098.04 . Dear Commissioners: ; • In response.to Resolution No 98-13 Approving Four_ Mile. Ranch Subdivision, the following conditions ':' have been specifically addressed by High Country Engineering 4 As requested, preliminary plans for County•'Road 117 Improvements have been prepared -in.24"x36".format - - ;15' All lots contiguous to'the Bershenyi Ranch have building envelopes at least 200 ft: from.:. the common property line: #6 : Notes (A) through (F) have been placed. on Sheet 1. #13 . An 11' wide left-hand turning lane for the southbound lane has been' designed at the.' entrance to the subdivision and grading has been. reduced from idland Avenue- to the Emergency Access. of Four Mile Ranch. All services; including water, sewage disposal and roads comply with the state and local laws'and regulations and shall be available to each subdivision lot to the necessary for use of •such lots in the: manner permitted by zoning and covenants affecting the Lots. These services comply with all conditions required by the Garfield. County Board of County Commissioners'` Resolution No 98=13 and the City of. Glenwood.Springs. ;.'Further,`all construction completed as of the date of this Final Plat submission has complied with local,. state and federal laws, plans and specifications and the plans approved by the County at Preliminary Plat ' .. or as' later changed and approved. The City of Glenwood Springs has also_approved the pians, ,All future construction shall comply with local, state. and federal laws,. plans and specifications and county approval. Ifyou have any questions or comments, pleasefeel free to contact me. Sincerely, HIGH COUNTRY ENGINEERING, INC: Deric'J. Walter, EI Design Engineer cc: Lee Leavenworth 923 COOPER AVENUE • GLENWOOD SPRINGS, COLORADO 81601 Telephone (970) 945-8676 • Fax (970) 945-2555 SENT BY • 1-20-99 :12:22FM ;CITY. GLENWOOD SPGS.' 970 946 7336:: 4/13 PRE -ANNEXATION AGREEMENT FOUR MILE RANCH SUBDIVISION ANNEXATION o THIS AGREEMENT is made and entered into this 25' day of 54.(j- >' -L , 1997, by and between the CITY OF GLENWOOD SPRINGS, COLORADO, a Colorado home -rule: municipality (hereinafter "City") and , M -R COLORADO INVESTORS, INC. and ONE & A QUARTER MILE RANCH, INC., both Colorado corporations (hereinafter "Owner" or "Developer"); WITNESSETH: WHEREAS, Owner is the owner of certain real property currently located in unincorporated Garfield County, Colorado, commonly known as the Four Mile Ranch Subdivision and more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference (hereinafter the "Property"); and WHEREAS, the Owner desires to annex and connect to the City's sewer system; and WHEREAS, C.R.S. 31-12-121, as amended, authorizes the City and Owner to enter into a Pre -Annexation Agreement; and III/ ' WHEREAS, the City and Owner desire to enter into the Pre -Annexation Agreement (hereinafter "Agreement") to set forth their agreements in writing concerning the terms and conditions of annexation of the Property to thc City. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein. and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Owncr agree as follows: I . Purpo. The purpose of this Agreement is to set forth thc terms and conditions of the annexation of the Property to the City. Except as expressly provided for herein to the contrary. all conditions herein are in addition to any and all requirements concerning annexation contained in the Municipal Code of the City of Glenwood Springs (hereinafter ''City Code") or the Municipal Annexation Act of 1965, as amended, C.R.S. §31-12-101 ete.. This Agreement is intended to provide a contractual relationship between the City and Owner to ensure compliance with the City code, state statutes, and all terms and conditions set forth herein. This Agreement includes additional terms and conditions for the purposes of the Municipal Annexation Act_ 2. Effective Date. Developer has made application to Garfield County for approval of a subdivision to be located on the Property. Approval of the final plat by Garfield County shalt be a condition precedent to the effectiveness of the terms and conditions of this Agreement by either arty hereto. In the event Developer has not received final plat approval from Garfield County �rithin eighteen (18) months of the date hereof, then this Agreement will automatically terminate and be of no further force or effect. SENT BY • • 1-20-99 ;12.22PM ;CITY. GLENWOOD SPGS.- 970 943 73364 3/13 Nothing contained herein constitutes an endorsement of the Developer's land use proposal or shall preclude the City from commenting on or objecting to the approval of the Four Mile Ranch subdivision project before the Garfield County Planning and Zoning Commission or Garfield County Board of County Commissioners, and the City expressly reserves all right to comment in any inanner regarding said project. 3. Annexation. The annexation of the property shall be in accordance with the Colorado Municipal Annexation Act of 1965, C.R.S. 31-12-101, at ec as amended. 4. De -Annexation From S ecial Di cts Includin. rvice. Owners shall petition for exclusion from any taxing districts, including the Glenwood Springs Rural Fire Protection District, which provide services to the property which the City is capable of providing, at such time as such service is made available to the property by the City. All costs of de -annexation shall be borne by Owners. • 5. Fees. Owner agrees to pay the following fees related to the Property development: a. Upon the Owner's payment of Garfield County Transportation Impact Fees ("TIF") in an amount roughly equivalent to that required by the City's Municipal Code. Pay of the City TIF will not be required so long as Owner complies with this Paragraph 5(a). b. Within sixty (60) days of Final Plat approval by Garfield County of the Four Mile Ranch Subdivision, Developer shall pay the City a fee to be used by the city to repair or provide capacity increases to certain segments of the city's scwer infrastructure which will convey wastewater from the Four Mile Ranch project to the City's treatment facilities (hereinafter "Infrastructure Upgrade Fee"). The Infrastructure Upgrade Fee 10 he paid by the Developer shall be in the amount of $250,000.00. Developer further agrees that, following approval of the preliminary plan for the Four Mile Ranch Subdivision by Garfield County. Developer shall, at its sole expense, cause the preparation of plans & specifications for the reconstruction of the City's sewer transmission line from Manhole 20B to Manhole A-23 (behind the South Park Subdivision and Safeway). Such plans shall be prepared by a Colorado professional engineer to city specifications and standards and, once completed, submitted to the City Engineer for review and approval, which approval shall not be unreasonably withheld. Such plans shall be approved by the City prior to Final Plat approval by Garfield County. c. A11 actual costs incurred for notice publication, recording, etc. related to the annexation; and d. All other fees not expressly addressed herein and required by the Glenwood Springs 2 1 .0 J.7 • i _�r.n •LI I I. uu \rvuvu d7u boy 733b;; b/13 (- • Municipal Code. Such fees shall be paid in the amount and at the time provided for by the Glenwood Springs Municipal Code. 6. Development Plan. The partics agree and acknowledge that the Owner is currently undergoing the subdivision plat process with Garfield County. The pending plat provides' for 58 single-family lots. Upon approval of subdivision by Garfield County, Owner shall provide the City with two (2) reproducible copies of the plat as approved. 7. Easements. Owner shall secure, at its own cost, all casements necessary for streets, roadway, water and sewer facilities and the trail to be constructed along Four Milc Road and any other subdivision improvements, and the City shall be named as "Grantee" on the final plat or easement documents. 8. Sewer Service. The City agrees to provide sewer service to the number of lots in the Four Mile Ranch Subdivision approved by Garfield County, not to exceed 58, upon completion by Developer of the terms and conditions contained herein. Within sixty (60) days of Final Plat approval by Garfield County of the Four Mile Ranch Subdivision, the Developer shall pay the City system improvement fees in the amount of $1,736.44 per single-family lot for all lots approved on the Final Plat. Upon receipt by the City ofthe system developm nt fees pursuant to this paragraph and the infrastructure upgrade fee pursuant to Paragraph..4 e City shall make sewer service available to, and reserve sufficient capacity for all single tamily lots approved on the Final Plat without further payment of system development fees, tap tees, or similar charges. Developer shall provide: the City. with Mylar "as built" drawings of all sewer lines installed in accordance with the terms of this Agreement. In addition, Developer shall provide the City with a certification from a professional engineer that all construction was completed according to the plans and specifications approved by the City. All internal se'.ver lines constructed within the Four Mile Ranch subdivision property shall be constructed within the utility easements shown on the final plat and shall be constructed to City specifications. The City may inspect the sewer main and internal lines during and after construction to ensure compliance with City specifications and the approved plants. Upon completion of construction of the internal sewer lines, said lines shall he conveyed to the Four Milc Ranch Homeowners Association, which Association shall own and maintain the lines until such time as they may be dedicated to the City. Said internal sewer lines shall be dedicated to the City upon the City's request for such dedication. Developer agrees to construct a sewer main which will connect to the Property beginning at a location originating near Three Milc Creek at the City's existing sewer line and continuing up Midland Avenue, then along County Road 117, and terminating at the entrance to the four Mile Ranch project. Plans and specifications for the sewer main and internal sewer lines referred to in Paragraph 6 shall be prepared by Developer at its sok cost and shall be submitted to the City for review and approval. Said main sewer line shall include an 8 -inch stubout beneath Road A at MH - 3 CST 1 -Gu-= .1 3rM ;cm. (.Lt.N UUu 970 945 7336;74 7/13 (- 40A7 for use in future development. Construction of said line and internal lines shalt be at Developer's sole expense in accordance with City specifications, and Developer agrees to secure all permits and easements as may be required and to pay all applicable fees for connection to the City sewer system. Upon completion of construction of the main sewer line, said line will be conveyed to the Homeowners Association. The Homeowners Association shall be responsible for the repair and maintenance of the sewer main. One (1) year after conveyance to the Homeowners Association, thc Homeowners Association shall dedicated the main line to the city and shall provide a one-year warranty thereon. Thereafter. City shall own, operate, repair and maintain such main line. 9. Water Service. Owner shall provide water service to the Subdivision including all required lines and connections. Upon annexation the City may request dedication of such water facilities to the City. Upon such request thc facilities shall be transferred forthwith. At such time, the City will be responsible for all repairs and maintenance necessary for the safe operation of the water system facilities. • a. Water Rights Dedication. Owner is required to dedicate any water rights appurtenant to the Property upon the exercise by the City of its right herein to require dedication of the water system. Upon dedication, such water rights shall be held by the City solely for the use and benefit of the Subdivision, and the users of the water system shall be billed for potable water at the same rate as is effective for all in -City water users at that time. In addition, the City shall be bill and the Homeowners' Association shall pay all annual fees associated with the West Divide Water Conservancy District allotment contract for the Subdivision. b. Water flows shall be adequate for fire protection purposes. c. Fire hydrants shall meet City standards and specifications as to, among others, location. 10. Access to Four Mile Ranch Subdivision . Owner shall provide acccss adequate and satisfactory for sufficient police and emergency services to all of the Four Mile Ranch Subdivision, such services to be provided by the City upon annexation. 11. Roads. All driveways and roads constructed on the Property shall meet Uniform Fire Code requirements, as adopted by the City, including, but not limited to, road widths, grades, surfaces and turnarounds. Owner shall provide the City proposed road plan and profile for approval by the City prior to any such construction being initiated. All roads shall be constructed to all City standards and specifications. 12. Parkland Dedic4ttiort. Owner agrees to convey to the City the 2.3 acres parcel of land described in attached Exhibit "A" (hereinafter "Dedicated Open Space") upon approval by Ciartield County of the final plat of the Four Mile Ranch Subdivision. Developer shall retain an easement :across the Dedicated Open Space to access the Roaring Fork River for water supply purposes. 4 �C\1 CST. • 1 -Lu -du • i - zirm c l 1r . c,Lt'iiuu0 970 945 7336; T 8/13 The conveyance of the Dedicated Open Space to the City shall be contingent upon said parcel being used for park and recreation purposes and other public uses and any purpose specifically reserved herein by Developer. Recreation purposes shall include public access and other public uses to the Roaring Fork River by the public for purposes of fishing. The City agrees to convey to Owner, at the request of the Owner and upon approval of the final plat of the Four Mile Ranch Subdivision, a 25 -foot (25') easement across City property to access the Roaring Fork River for water supply purposes. Said easement shall be located in a mutually agreeable Location, the approval of which shall not be unreasonably withheld. At such time as Developer desires to utilize said easement for the permitted purposes, Developer shall submit plans and specifications for Developer's proposed watcr diversion and water supply facilities to be located within the casement for review and approval by the City, which approval shall not be unreasonably withheld. Said plans and specifications shall include provisions for the burial of any lines located within the easement. Upon conveyance of the space, Owners shall construct two (2) gravel parking spaces for access to the Roaring Fork River for recreation purposes. in addition, Owner agrees to construct and dedicate to the public an tight -foot wide asphalt pedestrian/bicycle path along the entire length of the Subdivision on the County Road 117 boundary, as described Exhibit "B" attached hereto. The path plans and specifications shall be reviewed and approved by the City prior to construction. 13. Electric and Othcr utilities. The Owner shall comply with the City Code as it is in IlOeffect and amended from time to time, concerning thc provision of electricity, cable, and other utilities not specifically provided for in this Agreement. 14. Provisions Exclusive. The City and Owner acknowledge and agree that this Agreement contains all requirements of the Owner concerning the provision of water and sewer service to the Property, parkland dedications, utilities, and transportation impact fees, water system infrastructure upgrades, water rights dedications, and other matters expressly addressed under this Agreement. No additional substantive requirements shall be imposed upon the Owner with regard to these enumerated items. 15.onin d Subdivision. The parties agree that, upon annexation, the Property shall be zoned with a City zone district classification which is no Icss restrictive than the current county zoning, and which permits subdivision of the nature described herein. If such zoning is not effected, the parties agree that the Property may be de -annexed upon the petition of the Owners pursuant to paragraph 16 below. 16. De-annexatiort. The parties agree and stipulate that the express provisions of this agreement arc a material consideration of the agreement of Owners to annex the Property to the City. Therefore, in the event the City fails to perform under thc terms of this agreement as stated, the parties stipulate and agree, pursuant to C.R.S. 31-12-501, that it shall he in the best interest of the City that the Property be disconnected from the City. In such event, the City agrees to enact an 5 i 01 • i -GU -JJ • i.•G-*f 1 'Li t i. ULC.\rVVU JruJ. - J(U iJJb:+ J/13 r illprdinance affecting such disconnection and will speedily act upon any application for disconnection submitted by Owners. The City further agrees that such disconnection is authorized by the Charter of the City of Glenwood Springs and the applicable ordinances enacted by the City and that it shall take no action amending either its Charter or ordinanccs which would preclude such disconnection. 17. Election. Owner agrees that it is voluntarily entering into this Agreement Owner represents and submits that, to the extent an election would be required pursuant to C.R.S. §31-12- 112, as amended, to approve the annexation or to impose terms and conditions upon the Property to be annexed, Owner owns 100 percent of the Property to be annexed, and would vote to approve the annexation and all terms and conditions as set forth herein_ Thus, any election would necessarily result in a majority of the electors' approval to the annexation and the terms and conditions. 18. Assignment. The parties agree and acknowledge that the rights and obligations of the Owner under this Agreement may be assigned by the Owner to persons or entities acquiring title tp the Property without the prior consent of the City; provided, however, such assignee agrees in writing to he bound by the terms and conditions of this Agreement, and the Owner shall give notice to the City pursuant to Paragraph 30, below, of any such conveyance, together with the assignee's written agreement to be bound by the terms and conditions of this Agreement. 19. Waiver of Defects. In executing this Agreement, Owner waives all objections it may have concerning defects, if any, in the formalities whereby it is executed, or concerning the power � f the City to impose conditions on Owner as set forth herein, and concerning the procedure, 1ubstance, and form of the ordinances or resolutions adopting this Agreement 20. Final Agreement. This Agreement supersedes and controls all prior written and oral agreements and representations of the parties and is the total integrated agreement between the City and the Owner. 21. Modi ficatinne. This Agreement shall not be amended, except by subsequent written agreement of the city and Owner. 22. Release of Liability. It is expressly understood that the City cannot be legally hound by the representations of any of its officers or agents or their designees except in accordance with the city code, City ordinances, and the laws of the State of Colorado, and that Owner, when dealing with the City, acts at its own risk as to any representation or undertaking by the city officers or agents or their designees which is subsequently held unlawful by a court of law. 23. Captions. The captions in this Agreement are inserted only for convenience and in no way define, limit, or prescribe the scope or intent or this Agreement or any part thereof. 24. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. • G • • 1 -4u -JJ c,LL.Nnuiu Jr( . - 97u 945 7336:;10113 25. Invalid Provision. If any provisions of this Agreement shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision hereof, all of which other provisions shall remain in full force and effect. It is the intention of the parties hereto that, if any provision of this Agreement is capable of two constructions, one of which would render the provision void, and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. 26. Governing Law. The Iaws of the State of Colorado shall govern the validity, performance, and enforcement of this Agreement. should either party institute legal suit or action for enforcement of any obligation contained herein, it is agreed that the venue of such suit or action shall be in Garfield County, Colorado. 27. Attorneys' Fees: Survival. Should this Agreement become the subject of litigation between the City and Owner, the prevailing party shall be entitled to attorneys' fees and costs of suit actually incurred, including expert witness fees. all rights concerning remedies and/or attorneys' fees shall survive any termination of this Agreement. 28. Authority. Each person signing this Agreement represents and warrants that he is fully authorized to enter into and execute this Agreement and to bind the part it represents to the terms and conditions hereof. 29. Counterparts. This Agreement may be executed in counterparts, each of which shall Ilke deemed an original, and all of which, when taken together, shall be deemed one and the same instrument. 30. Notice. All notices required under this Agreement shall be in writing and shall be hand -delivered or sent by facsimile transmission or registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices by hand delivery shall be effective upon receipt. All facsimile transmissions shall be effective upon transmission receipt. all notices by mail shall be considered effective seventy-two (72) hours after deposit in the United States mail with the proper address as set forth below. Either party by notice so given niay change the address to which future notices shall be sent. Notice to City: With copy to: • City of Glenwood Springs 806 Cooper Avenue Glenwood Springs, CO 81601 Fax (970) 945-2597 Teresa Williams, Esq. Michael Copp. Manager City of Glenwood Springs 806 Cooper Avenue Glenwood Springs, C C..`,1 0 I . Notice to Owner: With copy to: 1 -:U -Ji •LG•L4rM ;LIIT. CILL.`imUVU Fax (970) 945-2597 y7u J45 7336:411/13 M -R Colorado Investors. Inc. and One & A Quarter Mile Ranch, Inc. c/o Four Mile Ranch Joint Venture 1205 South Platte River, Suite 101A Denver, CO 80223 (303) 733-9787 Leavenworth & Associates, P.C_ 1011 Grand Avenue P.O. Drawer 2030 Glenwood Springs, CO 81602 31. Gender. Whenever the context shall require, the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. WHEREFORE, the parties hereto have executed duplicate originals of this Agreement on the day and year first written above. IP ATTEST: Rob n S. Clemons, City Clerk • CITY OF GLENWOOD SPRINGS, COLORADO, a Colorado municipal corporation By: tefass.A.41.1c.r, Mayor FOUR MILE RANCFI JONT VENTURE: M -R COLORADO INVESTORS, INC. By: / I vi DE. Milford S. Pepper, 8 ent i-zu-99 ;1..z.rh :CITY. GLLNWOOD SEGS.- 970 945 7336:;12!13 / Secretary 40..., Secret ONE & A QUA LE RANCH, INC. B STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) Silver, President Subs •bed and sworn to before me this ?t day of • 2' ''1 /2/tT'AA c( , as Mayor, and by Clerk, on behalf of the City of Glenwood Springs, Colorado. WITNESS my hand and official seal. My commission expires: !.tG u <) ./ / 9 98 STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) • a, , 1993, by • 'e_i_a.9rT-ax. , as Notary Public Subscribed and sworn to before me this 114, day of 9 ScAr�.6v� ,;„ , 1997, by bT• • Milford S. Pepper President, and by , as Secretary, on behalf of the M -R Colorado Investors, Inc. WITNESS my hand and official seal. f 1-zu-88 ;1L 25 1 :CITY. GLENWOOD SPGS.— 970 945 7336:;13/13 (7= My commission expires: STATE OF COLORADO COUNTY OF CEEEEEED )ss. Subscribed and sworn to before metis `7 day of �.e� />1��i�� , 1997, by Jack Silver, as President, and by 4lilS%/i/e.e...- , as Secretary, on behalf of the One & A Quarter Mile Ranch, Inc. WITNESS my hand and official seal. My Commission Fpires 11-20-199C. My commission expires: • • Notary Public 10 • j January 22, 1999 Loyal E. Leavenworth, Esq. Leavenworth & Tester, P.C. P. O. Box Drawer 2030 Glenwood Springs, CO 91602 Re: Four Mile Ranch Subdivision: Pre -annexation Agreement dated September 25, 1997 Dear Mr. Leavenworth: Pursuant to your request, the City of Glenwood Springs, at the Council meeting held on January 21, 1999, agreed to amend the Pre -Annexation Agreement between the City of Glenwood Springs and the Four Mile Ranch Development Company, as the successor to the M -R Colorado Investors, Inc. and One and A Quarter Mile Ranch, Inc.. dated September 25, 1997, as follows: In Paragraph 2, the second sentence is modified to read as follows: 1. In the event Developer has not received final plat approval from Garfield County within twenty-four (24) months of the date hereof, then this Agreement will automatically terminate and be of no further force and effect. 2. The infrastructure upgrade fee in the amount of 5250,000 referred to in Paragraph 5.b., must be paid on or before March 25, 1999. • ern n\rCATT T1~ (_1 FNWC)C)i) SPRINGS, COLORADO 810.1 970/945-2575 FAX: 945-2597 Please indicate the consent of the Four Mile Ranch Development Company to the terms of the amendment by executing one(1) copy of this letter and returning. it to me. If you have any questions, feel free to contact me. Very truly yours, CITY OF GLEN -WOOD SPRENGS • • Date: January 22, 1999 By: -14L. Michael Copp City Manager ACCEPTED AND AGREED: FOUR MILE RANCH DEVELOPMENT COMPANY cc: Four Mile Ranch Development Company *. • SENT BY: 4- 1-99 : 3:19PM :CITY, GLENWOOD SFCS.- 3703.45733t3:= 2/ 2 • April 1, 1999 Mr. L Leavenworth, Esq. Leave,aworth & Tester, PC 1011 grand Avenue Glcnvvood Springs, CO 81601 Dear Lee: This letter is to acknowledge that your client, the Four Mile Ranch Development Company, has paid the City of Glenwood Springs Two Hundred Fifty Thousand Dollars ($250,000.00) for sewer improvements. This satisfies the first part of the agreement between the City and your client to provide sewer service to their property located on Four Mile Road. We look forward to working with your client and yourself to provide the necessary service to begin the development at Four Mile. Sincerely, •pitj Michael Copp, City Manager 806 COOPER AVENUE GLENWOOD SPRINGS, COLORADO 81601 970/945-2575 FAX: 945-2597 • • LOYAL E. LEAVENWORTH CYNTHIA C. TESTER GREGORY J. HALL DAVID H. McCONAUGHY KELLY D. CAVE DAVID A. MEISINGER* TOM KINNEY SUSAN W. LAATSCH *Admitted in Wisconsin only LEAVEN -WORTH & TESTER, P.C. ATTORNEYS AT LAW September 3, 1999 Teresa S. Williams, Esq., City Attorney City of Glenwood Springs 806 Cooper Avenue Glenwood Springs, CO 81601 Re: Four Mile Ranch Subdivision Dear Teresa: 1011 GRAND AVENUE P. 0. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-2261 FAX: (970) 945-7336 ltlaw©sopris. net VIA HAND DELIVERY I am writing on behalf of the Four Mile Ranch Development Company. At the September 2, 1999, Glenwood Springs City Council meeting, the Council agreed to amend the Pre -Annexation Agreement dated September 25, 1997, between the City and the Four Mile Ranch Development Company as follows: In Paragraph 2, the third sentence is modified to read: "In the event Developer has not received final plat approval from Garfield County by March 9, 2000, then this Agreement will automatically terminate and be of no further force or effect." Please indicate the consent of the City of Glenwood Springs to the terms of the amendment by executing one (1) copy of this letter and returning it to me. Please call me if you have any questions. Very truly yours, LEAVENWORTH Sc. TESTER, P.C. Lov Lea en orth ACCEPTED AND AGREED TO: CITY OF GLENWOOD SPRINGS By: i�C ter Teresa S. Williams, Esq., City Attorney • LEL:bsl cc: Michael Copp, City Manager Four Mile Ranch Development Company (Denver and Florida) F: \1 990\ Levers-Memos\COLODN Y• W i l liams-ltr- I . wpd • No. 13 Four Mile Ranch Subdivision Off -Site Improvement Plans Due to the size of the Plans, they are submitted independently for you review • • No. 14 Construction Plans marked for "For Construction" Due to the size of the Plans, they are submitted independently for your review. • •