HomeMy WebLinkAbout4.0 Pre- Inclusion Agreement,, l i r ...
ROARING FORK WATER & SANITATION DISTRICT
ROARING FORK INVESTMENTS, LLC
PRE -INCLUSION AGREEMENT
THIS PRE -INCLUSION AGREEMENT is made and entered into this day of
February, 1999 by and between the Roaring Fork Water & Sanitation District (formerly the
"Aspen Glen Water & Sanitation District"), a Colorado special district, whose address is 9929
Highway 82, Carbondale, Colorado 81623 ("District"), Roaring Fork Investments, LLC whose
address is 19555 E. Mainstreet, Suite 200, Parker, Colorado 80138 ("Roaring Fork") and the
Board of County Commissioners for Garfield County, Colorado ("County").
WITNESSETH
WHEREAS, the District is a special district, formed and functioning under authority of
C.R.S. §§ 32-1-101 et. seq. (West Supp. 1998) and the District's "Service Plan" ordered and
decreed by the Garfield County District Court in Case No. 94CV29, providing water and sewer
service in Garfield County, Colorado; and
WHEREAS, Roaring Fork is the owner and developer of that real property located in
Garfield County, Colorado, more particularly described in Exhibit A attached hereto and
incorporated herein by this reference ("Rose Ranch Property"), which real property Roaring Fork
desires to have included within the District's boundaries in order to receive sewer service from
the District; and
WHEREAS, instant to future possible expansions and/or extensions of the District's
sewer treatment facilities, the Rose Ranch Property has been deemed under the District's Service
Plan to constitute, "[r]eal property capable of being served by the facilities of the District..." as
that phase is used in C.R.S. § 32-1-401, for purposes of the inclusion of real property within a
special district; and
WHEREAS, as provided by the OUT -OF -DISTRICT SEWER SERVICE AGREEMENT
("Out -of -District Contract") executed by the District and the prior owner of the Rose Ranch
Property, the District is obligated to provide sewer service to the Rose Ranch Property upon the
terms and conditions contained in such Out -of -District Contract; and
WHEREAS, under the Annexation Policy set forth within the District's Service Plan and
the provisions of the Out -of -District Contract Roaring Fork may, in lieu of receiving District
sewer service under the terms of the Out -of -District Contract, petition to have the Rose Ranch
Property included within the boundaries of the District pursuant to C.R.S. § 32-1-401 et. seq. and
RECEIVED AUG 0 6 1999
GARFIELD COUNTY
PLANNING DEPARTMENT
109 8TH ST. - SUITE 303
GLENWOOD SPRINGS, CO 81601
WHEREAS, Roaring Fork has received from the County, planned unit development
zoning approval ("PUD") for the Rose Ranch Property for 292 residential units, a golf course,
club house and attendant recreational facilities, which approval is set forth within Resolution No.
98-80, issued by the County and filed for record, in the Office of the Clerk and Recorder for
Garfield County, Colorado on 09 -Sep -98 at Book 1087, Page 862 as Reception No. 531935. It
is presently estimated that at full build -out under the above stated PUD approval, the Rose Ranch
Property will require sewer service from the District in the total amount of 324 EQR's, with one
EQR representing 300 gallons per day (gpd) calculated in accordance with the District's Service
Plan; and
WHEREAS, Roaring Fork has filed with the County a combined application for PUD
amendment and preliminary plan, seeking zoning and subdivision approval for an added density
of thirty (30) residential units, for a total of 322 residential units on the Rose Ranch Property. It
is presently estimated that at full build -out under the amended PUD, if approved, the Rose Ranch
Property will require sewer service from the District in the total amount of 354 EQR's
("Maximum Service Demand"); and
WHEREAS, the District's wastewater treatment plant ("Treatment Plant"), as presently
designed and constructed, has the capacity to provide service to 106,800 gpd of total sanitary
sewer flow, (or approximately 356 EQR's as defined in the District's Service Plan) and although
unused treatment capacity presently exists in the Treatment Plant all of such unused treatment
capacity is presently committed to previously approved developments within the District's
boundaries. Therefore, the Treatment Plant will need to be expanded to accommodate the
Maximum Service Demand of the Rose Ranch Property; and
WHEREAS, the District's Service Plan and the Treatment Plant design provide for the
construction of treatment capacity expansions in increments or phases of 106,800 gpd or
approximately 356 EQR's per phase; and
WHEREAS, Roaring Fork is required under its PUD approval, to:
[s]ecure a firm commitment of adequate sewage treatment, as well as an agreed
method of financial security, from the Roaring Fork Water & Sanitation District
through [sic] committed number of taps for the project to be guaranteed at
preliminary plan; and
WHEREAS, Roaring Fork has agreed, consistent with the Annexation Policy of the
District and the conditions of Roaring Fork's PUD approval, to provide to the District the
financial security in the amount presently estimated as necessary to fund the expansion of the
treatment capacity of the Treatment Plant in the amount required to service the Rose Ranch
Property at is Maximum Service Demand. For purposes of this agreement the term Plant
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Expansion shall hereinafter refer to the expansion of the Treatment Plant capacity above
referenced; and
WHEREAS, C.R.S. § 32-1-401 et. seq. and the District's Service Plan provide
requirements and procedures for the annexation and inclusion of property into the District, and
specifically, C.R.S. § 32-1-402(1)(c) provides that agreements may be entered into, "[b]etween a
board and the owners of property sought to be included in a special district with respect to fees,
charges, terms and conditions on which such property may be included."; and
WHEREAS, C.R.S. §§ 31-1-1001(1)(d) and 31-35-402(1)(f) authorize the District to
require reimbursement of its out-of-pocket costs in providing services to the District's customers,
including but not limited to, sewer connections, inclusions to the District and planning and
review of line extensions; and
WHEREAS, the District and Roaring Fork desire to set forth the provisions pursuant to
which the Rose Ranch Property will be included within District's boundaries and pursuant to
which sewer service will thereafter by provided to the Rose Ranch Property by the District.
NOW THEREFORE, for and in consideration of the mutual covenants and promises of
the parties, and other good and valuable consideration, the adequacy and sufficiency of which is
hereby acknowledged and confessed, the District and Roaring Fork, on behalf of themselves,
their successors, assigns, heirs, devisees and/or transferees, agree as follows:
Section I.
Inclusion/ Exclusion of Rose Ranch Property
1. Inclusion of Rose Ranch Property within District. No later than two (2) years from the
date of the execution of this Agreement, Roaring Fork shall file with the District pursuant
to C.R.S. § 32-1-401, a petition to have the Rose Ranch Property included within the
Service Area of the District. For the purpose of interpreting this provision, Roaring Fork
and the District agree that the Rose Ranch Property shall be included within the District
pursuant to a single filing with District-- it being the expressed intent of the parties that
the Rose Ranch Property be included within the District in its entirety in a single
proceeding, as opposed to multiple proceedings addressed to portions or phases thereof.
Upon the District's receipt of such petition for inclusion, the District shall perform all
necessary steps required thereunder to include the Rose Ranch Property within the
District, including, but not limited to, the holding of the necessary public meetings as
required by statute, and, if the Petition is granted, obtaining an Order of inclusion from
the Garfield County District Court and filing and recording said Order with the Garfield
County Clerk and Recorder, the Garfield County Assessor and the Division of Local
Government.
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Rose Ranch/RFW&SD
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2. Reimbursement of District Costs. Roaring Fork shall reimburse the District all actual
costs incurred by the District relating to the inclusion of the Rose Ranch Property within
the District including all engineering, legal, inspection, filing or recording fees and
related expenses, on receipt of itemized billings for those services from the District. All
such amounts shall be due within thirty (30) days of the date of the bill, with interest on
any overdue amounts to be assessed at one percent (1%) per month. In the event the
District is forced to pursue collection of any amounts due and unpaid under this
provision, it shall be entitled to collect attorney fees, filing and lien recording fees
incurred in such collection efforts in addition to the unpaid amounts due, plus interest.
3. Provision of Water Service. Under the terms and conditions of the District's Service Plan
as presently approved, the District may not provide domestic water service to properties
outside its initial boundaries (i.e., the Aspen Glen PUD), either through annexation or
contract, without first obtaining approval for a modification of its Service Plan. The
District therefore finds that under the terms of its existing Service Plan it is infeasible and
impracticable, and contrary to the good of the entire district, to extend the District's water
lines and facilities to the Rose Ranch Property for the purpose of providing domestic
water service thereto, or to assume any management or administrative duties or
responsibilities relating to the provision of domestic water service to the Rose Ranch
Property. In accordance with the above, and pursuant to C.R.S. § 32-1-1006 (1)(b)(I), the
District hereby designates the Rose Ranch Property as a sewer -only area of service. The
designation of the Rose Ranch Property as a sewer -only area of service shall remain in
effect until such time as the District, acting within it jurisdiction and authority as
provided by law, finds by resolution that it would be feasible and for the good of the
entire District to extend its water lines to the Rose Ranch Property for the purpose of
providing domestic water service thereto. The parties acknowledge and agree that the
District may not make such finding until and unless (i) the District and Roaring Fork
enter into a separate agreement for the provision of domestic water service to the Rose
Ranch Property upon terms and conditions acceptable to the District; and (ii) the District
obtains the necessary approval of a modification to its Service Plan to allow the extension
of water lines to the Rose Ranch Property and the provision of domestic water service
thereto.
4. District Charges. Upon being annexed within the District and pursuant to C.R.S. § 32-1-
402(1)(c), the Rose Ranch Property shall be , subject to the following limitations, liable
for its proportionate share of the taxes and charges to be assessed by the District:
A. consistent with the District's designation of the Rose Ranch Property under
Paragraph 3. of this Section, and until such time as such designation may be
revised, all such taxes, rates, tolls and/or charges assessed against the Rose Ranch
Property shall be determined in accordance with the amount of charges and costs
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incurred by the District relating solely to the provision by the District of sewer
service to the Rose Ranch Property; and
B. any and all service billings or charges as the same are defined under the District's
Service Plan and Rules and Regulations, shall be charged against the Rose Ranch
Property on a lot by lot basis solely, following the delivery thereto of District
sewer service. Nothing in this subparagraph shall be construed to prohibit the
District from assessing stand-by charges to lots within the Rose Ranch Property
so long as the District's sewer lines have been extended to the Rose Ranch
Property and the District assesses stand-by charges to all property within its
boundaries.
5. Exclusion of Rose Ranch Property. In the event Roaring Fork and/or the District are
unable to satisfy the conditions set forth within this Agreement and/or are otherwise
unable to satisfactorily perform thereunder, Rose Ranch shall, pursuant to C.R.S. § 32-1-
501(1), file with the District a petition to have the Rose Ranch Property excluded from the
District. Upon receipt of such petition by Roaring Fork, the District shall pursuant to
C.R.S. § 32-1-502(4), exclude the Rose Ranch Property from within the District and this
Agreement shall terminate without further action being required of the parties. The
provision thereafter by the District of sanitary sewer service to the Rose Ranch Property
shall be governed exclusively under the terms and provisions of the Out -of -District
Service Contract incorporated within the Service Plan as Exhibit L.
Section II.
Treatment Plant Expansion Payment
1. Financing for Plant Expansion. Following inclusion of the Rose Ranch Property within the
District pursuant to Section I. hereof, and for the purpose of securing financing for the
costs of constructing the Plant Expansion, Roaring Fork shall provide to the District:
A. a cash payment totaling $657,580, which amount is equal to the estimated costs
instant to the permitting, planning and construction of the Plant Expansion set forth
and certified by the District Engineer on Exhibit B attached hereto and
incorporated herein by this reference; or
B. such other form of security as may be acceptable to the District and the County, in
the amount set forth in Paragraph 1.A. of this Section.
2. Timing. Roaring Fork shall provide the financing required under Paragraph 1. of this
Section, coincident with or prior to recording within the public records of Garfield County,
Colorado, the first subdivision final plat for any property within the Rose Ranch Property.
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Rose Ranch/RFW&SD
Page 5
3. Separate Account. All funds paid by Roaring Fork under this Agreement for purposes of
Plant Expansion shall be deposited by the District in a separate interest bearing account to
be maintained exclusively for the purpose of paying all costs instant to the permitting,
planning and construction of the Plant Expansion. Said funds shall not be withdrawn by
the District or pledged by the District as security for any project or activity not relevant to
the purpose above stated without the prior written consent of Roaring Fork and the
County.
Section III.
Construction of Plant Expansion
1. Project Control. The District shall have exclusive control, authority and responsibility over
all matters related or pertaining to the permitting, planning and construction of the Plant
Expansion.
2. Report of the District Engineer. Prior to incurring any costs toward the permitting,
planning or construction of the Plant Expansion, the District shall provide to Roaring Fork
a report prepared by the District Engineer updating all costs related to said permitting,
planning and construction. It is expressly acknowledged and agreed that the updating of
cost required hereby shall consider and assess against Roaring Fork, if applicable, a pro -
rata share (with existing users of the District's facilities) of any increased or advanced
wastewater treatment plant technology that is required as a result of more stringent
discharge parameters, together with a pro -rata share of plant improvements that benefit the
entire District and not just the Rose Ranch Property (e.g., sludge de -watering, mechanical
bar screen). In the event the updated costs exceed the estimated costs set forth in Exhibit
B attached hereto, the District Engineer shall include within his report, a written
justification supporting such cost increases. Roaring Fork shall reimburse to the District
within thirty (30) days of its receipt of the same, all reasonable costs and expenses
incurred by the District in preparing the District Engineer's report.
3. Objections to the District Engineer's Report. Within thirty (30) days of its receipt of the
District Engineer's report of updated costs, Roaring Fork may provide written notice to the
District of the objections of Roaring Fork, if any, to the costs set forth therein. If no
objections are made within this time period, Roaring Fork shall be deemed to have
accepted the District Engineer's report and all the costs set forth therein. If Roaring Fork
provides written notice of objections to the District pursuant to this provision, the District
shall, within fifteen (15) days of its receipt of the same, establish a date, time and location
for a joint meeting of the parties for the purpose of determining the allocation of such
costs among the parties.
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Rose Ranch/RFW&SD
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4. Payment of Increased Costs. Within thirty (30) days of its acceptance of the District
Engineer's report pursuant to Paragraph 3 of this Section, Roaring Fork shall provide to
the District:
A. a front-end cash payment in the amount constituting the difference between the
amount paid to the District by Roaring Fork pursuant to Section II and the total
amount of costs set forth in the District Engineer's report, which payment shall
immediately be deposited by the District in the account maintained by it under
Section II; or
B. additional security in a form acceptable to the District and the County in the
amount constituting the difference between the amount secured by Roaring Fork
pursuant to Section II and the total costs set forth in the District Engineer's report.
5. Cost Overruns. If, subsequent to the acceptance by Roaring Fork of the costs set forth in
the District Engineer's report of updated costs pursuant to Paragraph 2 of this Section, the
District incurs "Cost Overruns" during the permitting, planning and construction of the
Plant Expansion, the District shall immediately provide written notice to Roaring Fork of
the nature and extent of said Cost Overruns. For purposes of this provision, "Cost
Overruns" shall be defined as the increased costs actually incurred by the District in the
permitting, planning and construction of the Plant Expansion over and above the estimated
costs for the same set forth within the District Engineer's report and accepted by Roaring
Fork. Within five(5) days of receipt of such notice, Roaring Fork shall provide written
notice to the District of the objections of Roaring Fork, if any, to the Cost Overruns
claimed by the District. If no objections to the report are provided to the District by
Roaring Fork within this time period, Roaring Fork shall be deemed to have accepted all
the Cost Overruns set forth therein. If Roaring Fork provides notice of its' objections to
the District pursuant to hereto, the District shall, within five (5) days of its receipt of the
same, establish a date, time and location for a joint meeting of the parties for the purpose
of determining the allocation of these costs among the parties.
6. Payment of Cost Overruns. Roaring Fork shall pay to the District the total amount for all
Cost Overruns within thirty (30) days of its' acceptance of the same pursuant to Paragraph
5 of this Section.
7. Notice to District. In order to facilitate the District's ability to plan for and construct the
Plant Expansion, Roaring Fork shall timely provide to the District notice of the filing by
Roaring Fork of all future applications for final plat subdivision approvals appurtenant to
the Rose Ranch Property and the time period within which Roaring Fork reasonably
anticipates County approvals for the same will be received.
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Rose Ranch/RFW&SD
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Section IV
Connection to District Facilities
1. Procedure for Connection to District Facilities. Upon providing written notice to the
District and satisfying all required provisions of this Agreement, Roaring Fork shall be
allowed to connect the Rose Ranch Property to the District's Treatment Plant and receive
wastewater treatment service from the District.
2. Costs. Roaring Fork shall pay all infrastructure costs for connection to the District's sewer
system and Treatment Plant, including, but not limited to, the costs of internal collection
lines, necessary,external joint trunk or interceptor lines, outfall lines, lift stations, other
appurtenant collection facilities, and its own administrative costs. In the event Roaring
Fork oversizes any lines, lift stations or other facilities in connecting the Rose Ranch
Property to District facilities, it shall be entitled to recoup the oversizing costs from those
owners and customers benefitted by such oversizing. For this purpose, Roaring Fork and
the District shall execute an appropriate reimbursement agreement incorporating terms no
less favorable to Roaring Fork than the terms contained in the Construction and
Reimbursement Agreement executed by the District and Aspen Glen Golf Partners and
incorporated within the Service Plan as Exhibit J.
3. Plans and Specifications. All sewer lines and facilities on the Rose Ranch Property shall
be constructed and installed in accordance with the District's Rules and Regulations in
effect from time to time and all applicable terms, conditions, restrictions and schedules set
forth in the subdivision approvals issued by the County for the Rose Ranch Property. The
Parties acknowledge that the infrastructure to be installed within the Rose Ranch Property
will be constructed by Roaring Fork in accordance with the phasing schedules set forth
within the applicable subdivision approvals issued by the County for the Rose Ranch
Property. Upon completion of the final engineering and design plans for each respective
phase of the facilities to be constructed on the Rose Ranch Property, Roaring Fork shall
forward these plans to the District Engineer, who shall approve or disapprove the plans
within thirty (30) days of receipt, and whose approval shall not be unreasonably withheld.
In the event the District Engineer disapproves of such plans, he shall provide written
notice to Roaring Fork describing with specificity the reasons for his disapproval and the
changes necessary to make the plans and specifications acceptable to the District. In the
event the District and Roaring Fork are unable to reach agreement on the required plans
and specifications, the parties hereby agree to approach the District Board of Directors for
resolution. Upon approval, the District and Roaring Fork shall execute in duplicate a
document clearly specifying the approved plans and specifications to provide both parties
certainty as to the agreed upon plans and specifications.
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Rose Ranch/RFW&SD
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4. Change Orders. To facilitate completion of the facilities on the Rose Ranch Property in
accordance with the rules and regulations of the District, Roaring Fork, its' contractors and
agents may propose reasonable change orders, of which Roaring Fork shall provide the
District with notice and copy of the same. Within three (3) days, or such lesser period as
may be required under the circumstances of receiving notice and a copy of the proposed
change order(s), the District shall either approve the same or propose an alternative(s)
which will not result in unreasonable delay. If the District fails to approve the change
order or suggest an alternative within three (3) days, Roaring Fork may proceed with the
change. All approved change orders, including any change order deemed approved, shall
be incorporated into and become part of the agreed upon plans and specifications.
5. Inspections. The District shall have the right to inspect all facilities and work on the Rose
Ranch Property prior to the dedication of such facilities to ensure compliance with the
agreed upon plans and specifications. Roaring Fork shall reimburse the District for the
reasonable actual costs of such inspections.
6. Warranty. Roaring Fork shall warrant all facilities conveyed to the District for a period of
two (2) years from the date that Roaring Fork's Engineer certifies in writing that the
facilities have been constructed and installed in compliance with the agreed upon plans
and specifications, and any duly deemed or approved change orders, which date shall also
be known as the certification date. Specifically, Roaring Fork shall warrant that any and
all facilities conveyed to the District shall be free of any defects in materials or
workmanship for a time period of two (2) years.
7. Dedication of Facilities: Lien Waivers. Within ten (10) days of the certification date,
Roaring Fork shall dedicate and convey to the District by appropriate instruments of
conveyance those portions of the facilities certified by Roaring Fork's Engineer pursuant
to Paragraph 6 of this Section. The District shall accept such dedication within thirty (30)
days thereof, and thereafter title to any facilities so dedicated and conveyed shall be vested
in the District. Roaring Fork shall provide the District with lien waivers from all
contractors, subcontractors, an material suppliers for work and materials furnished in
connection with the facilities conveyed.
8. Conveyance of Easements. Roaring Fork shall by special warranty deed convey to the
District nonexclusive easements necessary for the District to maintain, operate, repair, and
replace the facilities located on the Rose Ranch Property and dedicated to the District ,
free and clear of all liens, encumbrances, and title defects which could defect the District's
title, and any title defects which would affect the District's ability to use each easement for
its intended purpose. Roaring Fork shall and hereby does reserve the right to use in
common with the District any easements it conveys to the District for ingress and egress
and for all utility purposes not inconsistent with the District's use. The District shall
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notify Roaring Fork of its plan to excavate any easements on the Rose Ranch Property,
and shall make all reasonable efforts to minimize disturbance to the owner(s) and the
user(s) thereof. All easements conveyed or established pursuant to this paragraph shall be
and hereby are subject to the obligation of the District to repair and revegetate disturbed
areas to a condition and grade substantially similar to that which existed before the
disturbance.
9. Control of Facilities. Once conveyed to the District, and subject to the warranty
provisions of Paragraph 6 of this Section, the District shall be solely responsible for
operation, maintenance, repair, and replacement of all facilities located upon the Rose
Ranch Property, which are dedicated to the District. The District shall at all times operate
the district facilities in an economical manner, and shall make repairs and replacements to
assure continuous operation.
10. Release of Security. Completion of construction of all facilities required to be constructed
on the Rose Ranch Property under this Section shall be secured under the applicable
Subdivision Improvements Agreements to be executed by Roaring Fork with the County
instant to the final platting of the Rose Ranch Property. Prior to the release of said
security by the County, Roaring Fork shall provide satisfactory evidence to the County
that the dedications and conveyances required under Paragraphs 7 and 8 of this Section
have been made to the District.
Section V.
Calculation of Tap Fees
and Payment of Common Element Surcharge
1. Transfer of Tap Rights. The right to receive one EQR of sanitary sewer service and
wastewater treatment capacity from the District's facilities shall be known as a "Tap
Right". Upon receiving from Roaring Fork pursuant to Section II, Paragraph 1 financing
for the Plant Expansion, the District shall assign to Roaring Fork in the form of prepaid
"Tap Fees" all the Tap Rights that will be created by such Plant Expansion.
2. Tap Rights Appurtenant to Rose Ranch Property. All of the Tap Rights assigned to
Roaring Fork under Paragraph 1 of this Section, shall be deemed appurtenant to the Rose
Ranch Property and as such, shall not be assigned, transferred or conveyed by the District
or Roaring Fork to secure or provide District sanitary sewer service to other properties
located outside the Rose Ranch Property without the prior written consent of the County,
the District and Roaring Fork.
3. Determination of Tap Fees. The Tap Fee to be charged for each Tap Right shall be equal
to the sum of:
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A. An amount to be established from time to time by Roaring Fork in its sole
discretion which shall be based upon the actual costs incurred or reasonably
estimated to be incurred by Roaring Fork under Sections II, III and IV of this
Agreement, prorated on a per EQR basis, plus interest. Roaring Fork shall initially
establish this amount prior to the sale of any lots within the Rose Ranch Property
and shall provide notice of the amount of such tap fee to the District; thereafter,
Roaring Fork shall be entitled to adjust the same no more than one time annually
and shall provide written notice of such modified tap fee to the District no less than
twenty (20) days prior to the date any such change is to be implemented by the
District.
B. An amount ("Capital Reserve") to be established by the District at its sole
discretion which amount shall be:
1. based upon the estimated required future capital repair/replacement costs to
be incurred by the District instant to the continued operation of the
Treatment Plant and sewer facilities; and
2. applied uniformly against all Tap Rights issued to properties within the
District's boundaries or service area, subject to the right of the District to
adjust the Capital Reserve element based upon the number or size of lift
stations, if any, necessary to serve any particular property.
4. Payment of Common Element Surcharge. The Common Element Surcharge represents a
per EQR charge for the oversizing of facilities previously constructed within the
Treatment Plant and benefitting properties located outside the Aspen Glen Planned Unit
Development. The parties hereby agree that the Common Element Surcharge which
benefits the number of tap rights to be acquired by Roaring Fork under this Agreement is
$370,596.00. Roaring Fork agrees that it shall pay to the District the sum of $370,596.00,
together with interest at the rate of six percent (6%) per annum from the date hereof until
paid, in full satisfaction of its obligation to pay the Common Element Surcharge in one (1)
payment prior to the date that Roaring Fork is allowed to make any physical connection
from any of the Rose Ranch Property to the District's wastewater treatment Plant. It is the
express intent of the parties that none of the Rose Ranch property shall be entitled to
physically connect to the District's facilities or receive wastewater treatment service
therefrom until Roaring Fork pays the District the Common Element Surcharge as
provided in this paragraph.
Draft Pre -inclusion Agreement
Rose Ranch/RFW&SD
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Section VI
Conditions to District Service
1. District Service Conditions. The District's obligations to provide sewer service to the Rose
Ranch Property shall be expressly conditioned upon the satisfaction of the following:
A. inclusion of the Rose Ranch Property within the District pursuant to the provisions
of Section I, Paragraph 1.; and
B. receipt by Roaring Fork of all applicable County subdivision approvals for the lots
or properties within the Rose Ranch Property requesting District sewer service; and
C. receipt by the District pursuant to Section II, Paragraph 1, of the required financing
for the Plant Expansion and payment by Roaring Fork of any increased costs for
the Plant expansion as provided in Section III; and
D. satisfactory performance by Roaring Fork of the requirements and conditions to
Connection to District Facilities set forth in Section IV; and
E. receipt by the District from each lot owner requesting District sewer service of
written evidence that Roaring Fork has been paid the "Tap Fee" applicable to the lot or
direct payment to the District of the applicable Tap Fee as provided in paragraph 2 of this
Section; and
F. Receipt by the District of the Common Element Surcharge as provided in Section
V; and
G. receipt by the District of all amounts required to be paid by Roaring Fork under
Section III and Section IV; and
H. Satisfaction by Roaring Fork of any other term and condition required of it under
this Agreement.
2. Reimbursement to Roaring Fork. In the event the lot owner requesting District Sewer
service has not paid to Roaring Fork the Tap Fee as aforesaid, the District shall require
such lot owner to pay to the District the then applicable Tap Fee for users within the Rose
Ranch Property, prior to receiving service from the District. In such event, the District
shall rebate to Roaring Fork the full amount of such Tap Fee, excluding that portion of the
same attributable to Capital Reserve, prior to authorizing such lot owner to connect to the
District's facilities and receive service therefrom. The District shall make payment to
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Roaring Fork under this provision within sixty (60) days of its receipt of payment of a Tap
Fee from the lot owner requesting District sewer service.
3. Obligation to Provide Service. Upon satisfaction of the foregoing conditions, the District
shall be obligated to provided sanitary sewer service to the Rose Ranch Property as the
demand for the same arises for the number of EQR's represented by the Tap Rights issued
to Roaring Fork under the provisions of Section V, without further payment to the District
of any system improvement fees charged by the District which are attributable to
Treatment Plant expansion or systems enlargement.
Section VII
Dispute Resolution
In the event the parties are unable to agree upon any matter addressed within this
Agreement, each party shall select an engineer to represent its interests. The selected engineers
shall then appoint one engineer, who shall provide a determination upon the matter in dispute. In
the event this process of settlement fails, the parties agree to resolve such dispute by arbitration in
accordance with the rules and regulations of the American Arbitration Association then in effect.
The determination of the arbitrator shall be final and conclusive and judgment may be entered
upon it in accordance with applicable law in any court having jurisdiction thereof.
Section VIII
Compliance with Rules and Regulations/Non-discrimination
Upon inclusion of the Rose Ranch Property within the District and subject only to the
terms and provisions of this Agreement, Roaring Fork and the owners or customers within the
Rose Ranch Property shall be bound by and comply with the District Rules and Regulations
applicable to properties within the District as the same may be amended from time to time.
Section IX
Audits, Reports and Inspections
The District shall maintain the records, accounts, and audits required by statute or which
would be kept under normal business practice, and copies of such records shall be provided to
Roaring Fork upon request. Each party shall keep full and accurate records of all Construction
Costs and related costs, which shall be made available upon request. The District shall have the
right to inspect the facilities located upon the Rose Ranch Property as provided in the District's
Rules and Regulations, and Roaring Fork shall, upon notice to the District, have the right to
inspect the District's wastewater treatment plant, sewer lines, lift stations, and other appurtenant
facilities.
Draft Pre -inclusion Agreement
Rose Ranch/RFW&SD
Page 13
Section X
County Obligations
The County's duties and obligations under this Agreement are and shall be limited to those
duties and obligations set forth in Section II, Paragraph 3, Section IV, Paragraph 10 and Section
V, Paragraph 2.
Section XI
General Provisions
1. Termination. This Agreement shall be in full force and effect until terminated by mutual
agreement by the parties hereto, or as provided by law.
2. Good Faith. Because of the need for a regional wastewater treatment facility, the parties
agree to proceed in good faith with the implementation of this Agreement. The parties
further agree to negotiate in good faith for future financing and construction of additional
Common Elements, wastewater treatment plant capacity, and any other facilities.
3. Service Plan Integration. This Agreement and its Exhibits shall be incorporated in the
District's Service Plan, as though set forth there verbatim.
4. Compliance with State and Federal Law. This Agreement shall not be construed to be in
violation with the laws of the United States or the State of Colorado, nor in any manner
which adversely affects or diminishes the financing capabilities of the District.
5. Enforcement: Specific Performance. In the event of any material failure by either party
hereto to comply with the terms of this Agreement, the other party shall have standing to
bring suit at law or in equity to enforce compliance herewith. It is expressly agreed that
any default in the provisions hereof may be specifically enforced. This Agreement shall
be construed in accordance with the laws of the State of Colorado, including the Special
District Act, C.R.S. §§ 32-1-101, et. seq.
6. Non -Merger. Each party's obligations under this Agreement shall be assignable to any
grantee, purchaser, transferee, or assignee of the party's interest, and shall survive any
such conveyance, purchase, transfer, or assignment.
7. Covenants: Recording. The provisions of this Agreement shall constitute covenants
running with the lands affected thereby, and upon execution this Agreement shall be
recorded in the records of the Garfield County Clerk and Recorder and shall thereafter
constitute actual notice of the terms and conditions hereof to any and all future users of
Draft Pre -inclusion Agreement
Rose Ranch/RFW&SD
Page 14
District services on the Rose Ranch Property, and all owners, tenants or other persons who
occupy units or reside upon the Rose Ranch Property.
8. Attorneys' Fees. Each party shall bear its own attorneys' fees incurred in the negotiation,
execution, and implementation of this Agreement. However, in the event arbitration or
litigation is necessary to enforce the rights of the parties to this Agreement, as between
themselves, the prevailing party in such arbitration or litigation shall be entitled to
reasonable attorneys' fees and costs actually incurred.
9. Complete Agreement: Amendment. This Agreement constitutes the entire and complete
agreement between the parties, and any modification or amendment hereto shall be
evidenced by a writing signed by the parties.
10. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the
parties, their heirs, successors, grantees, and assigns. Nothing herein shall prevent
Roaring Fork from selling its property and the benefits and obligations of this Agreement
shall be appurtenant to the property conveyed.
11. Authority. Each person executing this Agreement represents and warrants that he has been
duly authorized by the party which he purports to represent to execute this Agreement, and
has authority to bind said party to the terms and conditions of this Agreement.
12. No Waiver. No provision of this Agreement may be waived except by an agreement in
writing signed by the waiving party. A waiver of any term or provision shall not be
construed as a waiver of any other term or provision.
13. Headings. The paragraph headings in this Agreement shall not be used in the construction
or interpretation hereof, as they have no substantive effect, and are for convenience only.
14. Severability. If any part or section of this Agreement shall be found void or invalid by a
court of competent jurisdiction, such finding shall not affect any remaining part or section,
and said remaining parts or sections shall continue in full force and effect. The parties
shall renegotiate in good faith any matter addressed by a part or section that is found void
or invalid.
15. Notice. All notices required under this Agreement shall be in writing and shall be hand
delivered or sent by registered or certified mail, return receipt requested, postage prepaid,
to the addresses of the parties herein set forth. All notices so given shall be considered
effective seventy-two (72) hours after deposit postage paid in the United States Mail with
the proper address as set forth below. Either party by notice so given may change the
address to which future notices shall be sent.
Draft Pre -inclusion Agreement
Rose Ranch/RFW&SD
Page 15
Notice to:
With copy to:
Notice to:
With copy to:
Notice to:
Draft Pre -inclusion Agreement
Rose Ranch/RFW&SD
Page 16
Roaring Fork Water and Sanitation District
9929 Highway 82
Carbondale, Colorado 81623
Lawrence R. Green
Balcomb & Green P.C.
P.O. Drawer 790
Glenwood Springs, CO 81602
Roaring Fork Investments, LLC
Attn: Ron Heggemeier
Heggemeier & Stone, P.C.
19556 East Main St., Suite 200
Parker, CO 80134-7374
Timothy A. Thulson, Esq.
Balcomb & Green, P.C.
P.O. Drawer 790
Glenwood Springs, CO 81602
Garfield County Department of Building and Planning
Attn: Mark Bean
109 8th Street, Suite 303
Glenwood Springs, CO 81601
IN WITNESS WHEREOF, the parties have executed this Agreement in multiple originals
on the day and year first written above.
E,ST:
ROARING FORK INVESTMENTS, LLC
By
Ronald R. Heggemeier, Manager
ROARING FORK WATER AND SANITATION
DISTRICT
By
0 /7,
resident
OUNTX COMMISSIONERS,
OUNT ,COLORADO
ATTEST:
By
Clerk
Draft Pre -inclusion Agreement
Rose Ranch/RFW&SD
Page 17
EXHIBIT A
ROSE RANCH PROPERTY DESCRIPTION
A PARCEL OF LAND SITUATED IN LOTS 4, 5, 10, 11, 12, 13, 15, 16, 17, 22, 23, 24, 28,
29, 30 AND 34 OF SECTION 1 AND LOTS 2, 3, 4, 7, 8, 9, 12, 13, 15, 16 OF SECTION 12,
TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL OF LAND BEING
MORE PARTICULARLY AS DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 1, A 1958 BLM
BRASS CAP IN PLACE; THENCE S 56°22'41" E 518.09 FEET TO A POINT ON THE
SOUTHERLY LINE OF THAT PROPERTY DESCRIBED IN BOOK 590 AT PAGE 955 OF
THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE, THE TRUE POINT OF
BEGINNING; THENCE S 59°20'23" E ALONG THE SOUTHERLY LINE OF SAID BOOK
590 AT PAGE 955, A DISTANCE OF 208.21 FEET; THENCE CONTINUING ALONG SAID
SOUTHERLY LINE S 63°47'19" E 60.78 FEET TO A REBAR AND CAP L.S. #17488 IN
PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S 63°47'23" E 334.00
FEET TO A REBAR AND CAP L.S. #17488 IN PLACE; THENCE CONTINUING ALONG
SAID SOUTHERLY LINE S 63°47'20" E 334.00 FEET TO THE SOUTHEAST CORNER OF
SAID BOOK 590 AT PAGE 955, A REBAR AND CAP L.S. #17488 IN PLACE; THENCE
N 37°11'37" E ALONG THE EASTERLY LINE OF SAID BOOK 590 AT PAGE 955, 298.51
FEET TO A POINT ON THE CENTERLINE OF THE ROARING FORK RIVER; THENCE
THE FOLLOWING FIVE (5) COURSES ALONG THE CENTERLINE OF SAID RIVER:
1. S 64°20'33" E 539.13 FEET
2. S 69°24'54" E 523.30 FEET
3. S 61°41'54" E 147.51 FEET
4. S 34°19'54" E 646.80 FEET
5. S 29°54'54" E 516.97 FEET TO A POINT ON THE EASTERLY LINE
OF LOT 17 OF SAID SECTION 1; THENCE LEAVING SAID CENTERLINE S 00°42'38" E
ALONG THE EASTERLY LINE OF LOTS 17, 22 AND 29, A DISTANCE OF 2140.70 FEET;
THENCE LEAVING SAID EASTERLY LINE N 89°15'45" E 43.14 FEET TO THE
NORTHWEST CORNER OF THAT PROPERTY DESCRIBED IN BOOK 511 AT PAGE 103
OF THE GARFIELD COUNTY CLERK AND RECORDER.' S OFFICE; THENCE THE
FOLLOWING SIX (6) COURSES ALONG THE WESTERLY LINE OF SAID PROPERTY:
1. S 41°07'10" E 559.76 FEET
2. S 47°56'39" E 519.80 FEET
3. S 47°16'43" E 466.70 FEET
4. S 34°28'09" E 123.72 FEET
Rose Ranch Property
Exhibit A Page 1 of 5
5. S 04°45'38" E 390.41 FEET
6. S 08°01'51" W 130.25 FEET TO THE SOUTHWEST CORNER OF SAID
PROPERTY; THENCE N 67°25'06" E ALONG THE SOUTHERLY LINE OF SAID
PROPERTY 211.00 FEET TO A POINT ON THE EASTERLY LINE OF LOT 9 OF SAID
SECTION 12; THENCE S 00°22'11" E ALONG SAID EASTERLY LINE 606.90 FEET TO
THE SOUTHEAST CORNER OF SAID LOT 9, A REBAR AND ALUMINUM CAP, LS
#22580, IN PLACE; THENCE S 03°11'58" W ALONG THE EASTERLY LINE OF LOT 12
OF SAID SECTION 12 741.05 FEET TO THE SOUTHEAST CORNER OF SAID LOT 12, A
REBAR AND ALUMINUM CAP IN PLACE; THENCE S 00°06'02" E ALONG THE
EASTERLY LINE OF LOT 16 OF SAID SECTION 12 555.52 FEET TO THE SOUTHEAST
CORNER OF SAID LOT 16, A REBAR AND ALUMINUM CAP IN PLACE, SAID POINT
ALSO BEING THE NORTHEAST CORNER OF TELLER SPRINGS SUBDIVISION; THENCE
S 89°59'08" W ALONG THE NORTHERLY LINE OF SAID TELLER SPRINGS
SUBDIVISION 220.61 FEET TO THE SOUTHEAST CORNER OF PARCEL C OF
RECEPTION NO. 444311 OF THE GARFIELD COUNTY CLERK AND RECORDER'S
OFFICE; THENCE LEAVING SAID NORTHERLY LINE N 12°57'48" W ALONG THE
EASTERLY LINE OF SAID RECEPTION NO. 444311 169.14 FEET; THENCE
N 87°58'25" W ALONG THE NORTHERLY LINE OF SAID PARCEL C 324.74 FEET;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL C ALONG THE ARC OF A
CURVE TO THE RIGHT HAVING A RADIUS OF 582.29 FEET AND A CENTRAL ANGLE
OF 17°52'51", A DISTANCE OF 181.72 FEET (CHORD BEARS S 13°29'05" E 180.98 FEET)
TO A POINT ON THE NORTHERLY LINE OF SAID TELLER SPRINGS SUBDIVISION;
THENCE S 89°52'26" W ALONG SAID NORTHERLY LINE 174.01 FEET TO THE
NORTHWEST CORNER OF THE TELLER SPRINGS OPEN SPACE; THENCE LEAVING
SAID NORTHERLY LINE S 21°55'10" W ALONG THE WESTERLY LINE OF SAID OPEN
SPACE 53.97 FEET TO THE NORTHEAST CORNER OF LOT 5 OF SAID TELLER SPRINGS
SUBDIVISION AS SHOWN ON THE AMENDED PLAT THEREOF; THENCE S 89°59'08" W
ALONG THE NORTHERLY LINE OF SAID LOT 5 165.35 FEET; THENCE CONTINUING
ALONG SAID NORTHERLY LINE N 45°01'42" W 28.27 FEET; THENCE CONTINUING
ALONG SAID NORTHERLY LINE N 89°59'08" W 855.53 FEET TO THE NORTHWEST
CORNER OF SAID LOT 5, SAID POINT ALSO BEING ON THE EASTERLY RIGHT-OF-WAY
OF COUNTY ROAD NO. 109; THENCE THE FOLLOWING TWENTY-THREE (23) COURSES
ALONG SAID EASTERLY RIGHT-OF-WAY:
1. N 13°15'08" E 30.84 FEET
2. N 13°40'41" E 86.97 FEET
3. N 14°26'34" E 8.37 FEET
4. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
263.67 FEET AND A CENTRAL ANGLE OF 22°42'13", A DISTANCE OF
104.48 FEET (CHORD BEARS N 03°05'28" E 103.80 FEET)
5. N 08°15'39" W 721.97 FEET
6. N 09°37'30" W 215.26 FEET
Rose Ranch Property
Exhibit A Page 2 of 5
7. N 09°32'11" W 716.14 FEET
8. N 09°24'35" W 1739.93 FEET
9. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
1870.00 FEET AND A CENTRAL ANGLE OF 05°38'57", A DISTANCE OF
184.38 FEET (CHORD BEARS N 06°35'06" W 184.30 FEET)
10. N 03°45'38" W 70.62 FEET
11. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
1155.00 FEET AND A CENTRAL ANGLE OF 08°59'23", A DISTANCE OF
181.22 FEET (CHORD BEARS N 08°15'19" W 181.03 FEET)
12. N 12°45'01" W 250.30 FEET
13. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
518.09 FEET AND A CENTRAL ANGLE OF 35°11'37", A DISTANCE OF
318.23 FEET (CHORD BEARS N 30°20'49" W 313.26 FEET)
14. N 47°56'38" W 239.80 FEET
15. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
1520.00 FEET AND A CENTRAL ANGLE OF 14°05'17", A DISTANCE OF
373.74 FEET (CHORD BEARS N 40°53'59" W 372.80 FEET)
16. N 33°51'20" W 485.97 FEET
17. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
620.00 FEET AND A CENTRAL ANGLE OF 19°38'05", A DISTANCE OF
212.47 FEET (CHORD BEARS N 43°40'23" W 211.43 FEET)
18. N 53°29'25" W 511.09 FEET
19. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
470.00 FEET AND A CENTRAL ANGLE OF 34°45'42", A DISTANCE OF
285.15 FEET (CHORD BEARS N 36°06'34" W 280.80 FEET)
20. N 18°43'43" W 773.97 FEET
21. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
620.00 FEET AND A CENTRAL ANGLE OF 30°05'19", A DISTANCE OF
325.59 FEET (CHORD BEARS N 03°41'04" W 321.86 FEET)
22. N 11°21'36" E 171.27 FEET
23. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
380.00 FEET, A CENTRAL ANGLE OF 02°00'46" AND A DISTANCE OF
13.35 FEET (CHORD BEARS N 10°21'13" E 13.35 FEET) TO A POINT
ON THE SOUTHERLY LINE OF RIVER RIDGE P.U.D.; THENCE LEAVING SAID
EASTERLY RIGHT-OF-WAY N 19°24'30" E ALONG SAID SOUTHERLY LINE 83.25
FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S 65°25'04" E 20.16
FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 274.291
ACRES, MORE OR LESS.
Rose Ranch Property
Exhibit A Page 3 of 5
TOGETHER WITH A PARCEL OF LAND SITUATED IN LOTS 23 AND 28 OF SECTION
1 AND LOTS 4, 5, 6, 7, 14, THE NW1/4NW1/4 AND THE SW1/4NW1/4 OF SECTION 12,
TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL OF LAND BEING
MORE PARTICULARLY AS DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1, A BLM BRASS
CAP IN PLACE, THE TRUE POINT OF BEGINNING; THENCE S 88°08'24" E ALONG THE
NORTHERLY LINE OF THE NW1/4NW1/4 AND LOT 5 OF SAID SECTION 12 1925.15
FEET; THENCE LEAVING SAID NORTHERLY LINE S 01°19'06" W 100.00 FEET;
THENCE S 88°08'24 E 150.00 FEET; THENCE N 00°03'38" E 200.10 FEET; THENCE
N 88°08'24" W 100.15 FEET TO A POINT ON THE WESTERLY LINE OF LOT 28 OF SAID
SECTION 1; THENCE N 01°16'57" W ALONG THE WESTERLY LINE OF LOTS 28 AND
23 OF SAID SECTION 1 1061.60 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY
OF COUNTY ROAD 109; THENCE LEAVING THE WESTERLY LINE OF SAID LOT 23
THE FOLLOWING SEVEN (7) COURSES ALONG THE WESTERLY RIGHT-OF-WAY OF
SAID COUNTY ROAD 109:
1. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
458.09 FEET AND A CENTRAL ANGLE OF 36°07'56", A DISTANCE OF
288.88 FEET (CHORD BEARS S 30°48'59" E 284.12 FEET)
2. S 12°45'01" E 247.15 FEET
3. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
1095.00 FEET AND A CENTRAL ANGLE OF 08°59'23", A DISTANCE OF
171.80 FEET (CHORD BEARS S 08°15'19" E 171.63 FEET)
4. S 03°45'38" E 70.62 FEET
5. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
1930.00 FEET AND A CENTRAL ANGLE OF 05°38'57", A DISTANCE OF
190.29 FEET (CHORD BEARS S 06°35'06" E 190.21 FEET)
6. S 09°24'35" E 1739.96 FEET
7. S 09°32'11" E 545.09 FEET (TO A POINT WHENCE AN ONE INCH
IRON PIPE BEARS S 80°39'46" W 15.01 FEET); THENCE LEAVING SAID WESTERLY
RIGHT-OF-WAY S 80°39'46" W ALONG THE NORTHERLY LINE EXTENDED AND THE
NORTHERLY LINE OF RECEPTION NO. 402764 156.56 FEET TO AN ONE INCH IRON
PIPE IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY LINE S 46°49'46" W
319.59 FEET TO THE NORTHWEST CORNER OF SAID RECEPTION NO. 402764, A
REBAR AND CAP IN PLACE; THENCE S 08°30' 14" E ALONG THE WESTERLY LINE OF
SAID RECEPTION NO. 402764 AND RECEPTION NO. 418590, 302.72 FEET TO THE
SOUTHWEST CORNER OF SAID RECEPTION NO. 418590; THENCE S 80°45'44" W
ALONG THE NORTHERLY LINE OF RECEPTION NO. 397182, 177.17 FEET TO THE
NORTHWEST CORNER OF SAID RECEPTION NO. 397182; THENCE S 17°25'15" W
ALONG THE WESTERLY LINE OF RECEPTION NO. 397182 AND RECEPTION NO.
Rose Ranch Property
Exhibit A Page 4 of 5
411767, 741.91 FEET TO THE NORTHWEST CORNER OF LOT 21 OF SAID SECTION 12,
ALSO BEING THE NORTHWEST CORNER OF TELLER SPRINGS SUBDIVISION; THENCE
S 00°00'34" W ALONG THE WESTERLY LINE OF SAID TELLER SPRINGS SUBDIVISION
AND THE EASTERLY LINE OF LOT 14 OF SAID SECTION 12 768.25 FEET TO THE
SOUTHEAST CORNER OF SAID LOT 14; THENCE LEAVING THE WESTERLY LINE OF
TELLER SPRINGS SUBDIVISION S 89°00'59" W ALONG THE SOUTHERLY LINE OF
SAID LOT 14 468.99 FEET TO THE SOUTHWEST CORNER OF SAID LOT 14; THENCE
N 00°22'13" E ALONG THE WESTERLY LINE OF SAID LOT 14 1378.08 FEET TO THE
NORTHWEST CORNER OF SAID LOT 14; THENCE N 89°07'53" W ALONG THE
SOUTHERLY LINE OF THE SW 1/4NW 1/4 OF SAID SECTION 12 1347.91 FEET TO THE
WEST QUARTER CORNER OF SAID SECTION 12, AN ALUMINUM CAP IN PLACE;
THENCE N 00°33'14" W ALONG THE WESTERLY LINE OF SAID SECTION 12 2728.80
FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL OF LAND CONTAINING
166.038 ACRES, MORE OR LESS.
Rose Ranch Property
Exhibit A Page 5 of 5