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i-ii-a R o.oo o 0.oo GRRFIELD couNTY c0
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STATE OF COLORADO
COLINTY OF GARFIELD
)
)ss.
)
At a regular meeting of the Board
held at the Courthouse in Glenwood
there were Present:
of County Commissioners for Garfield County, Colorado,
Springs on Monday the 7th day of May, A.D', 2001 ,
I
John Martin , bom'issioner Chairman
t-arry tutccil', b^ommissioner
Walt Stowe , Commts$oner
bon DeFord , CountY AttorneY
ilitar"a ettaotf , Clerk to the Board
id Gt."n . , CountY Manager
when the following proceedings, among others were had and done,
to-wit:
RESOLUTION NO. 2OO1-28
RESOLUTION CONCERNED WITH T}IE APPROVAL OF THE AME}TDED SERVICE
i,ieN Tbn wASTE wATER ANID wATER UTILITY SYSTEM FOR THE ROARING FORK
waipn eNp SANITATIoN DISTRICT, cARFIELD CoUNTY, CoLoRADo
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WHEREAS, the Roaring Fork water and Sanitation District., submitted a proposed amended
,"*i". pr- fotihe Roaringlork water and Sanitation District, Garfield County, Colorado, to
the Clerk and Recorder ofbarfield County, Colorado, ex-officio Clerk to the Garfield County
ii"J Jcounty Commissioners, for the ioard's consideration in accordance with the Colorado
Revised Statutes, $32-l-2Ol et. seq., the Colorado Special District Act and paid the required
processing fee at that time;
ryHEREAS, the Garfield County Board of County Commissioners did cause notice of the
ou,r, ,-* -d piace of the public hearing, required to be held before the Board of County
commissioners, on the service plan application, to be published.
WHEREAS, an advertised public hearing was held before the Garfield County Board of
couniy cormissioners on Aprii z, zool to Jonsider the amended service plan application for the
,*rra Roaring Fork watir and Sanitation District, at which hearing the petitioner's
i;#,,n]u;;*.ra the public were given the opportunity to present testimony conceming the
;;; ;ended service plan. The testimony presented to the Board of County
'Co**igioners, at the public hearing, was extensive and complete;
WHEREAS, the Garfield county Board of county commissioners does find that the amended
,.*i.. pf* appiication as submitted for the Roaring Fork Water and Sanitation District is in
,utr,uniia compliance with the requirements of c.R.S.$ 32-l-201 et. seq., as amended;
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580525 o5/o8/2$Ol O?:22P Bl25l P669 ll RLSDORF
2 of 3 R O.OO D O.OO GRRFIELD COUNTY C0
WHEREAS, the Garfield County Board of County Commissioners does find that satisfactory
evidence has been presented that the proposed amended service plan for the waste water and
water utility system for the Roaring Fork Water and Sanitation District, meets of the criteria for
approval set forth at Section 32-l-203(2), C.R.S., as amended; and
NOW, TIDREFORE, BE IT RESOLVED, that the amended service plan for waste water
and water utility system for the Roaring Fork Water and Sanitation District, Garfield County,
Colorado, as modified by the applicant's written revisions, is hereby approved.
DATED this 7th day of Mav 2001.
BOARD OF COT]NTY COMMSSIONERS OF
GARFIELD COUNTY, COLORADO
Upon motion duly made and seconded the foregoing
vote:
John Martin Aye ,
Aye
Aye
Larrv McCown
o
Walt Stowe
STATE OF COLORADO
COUNTY OF GARFIELD
County Clerk and ex-officio Clerk ofthe Board of
County Commissioners in and for the County and State aforesaid do hereby certify that the
annexed and foregoing Order is truly copied from the Records of the Proceedings ofthe Board of
County Commissioners for said Garfield County, now in my office.
)
)ss.
)
nrcEivisJAN zi2rrt.
ROARING FORK WATER AND SANIT.A,TION DISTRICT
SERVICE PLAN AMENDMENT
December, 2000
[:''.
PREPARED BY
Schmueser Gordon Meyer, Inc.
Balcomb & Green, P.C.
:.
'l'lre Roaring Fork Water & Sanitation District (tlie "District") respectfully petitions
the Board of County Commissioners of Garfield County (the "Commissioners") to approve
the within Service Plan Amendment pursuant to Colorado's Special District Act (the "Act"),
C.R.S. $ss32-l-l0l et. sgq. This proposed Service Plan Amendment is submitted in
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accordance with the provisions of C.R.S. 32-l j207(2) and other applicable provisions of the
Act.
INTRODUCTION
The District was formally organized and created as the Aspen Glen.Water &
Sanitation District by order of the District Court, Garfield County, entered on May 5,lgg4,
in Civil Action No. 94CV29. A copy of the Order is attached as Exhibit A. The Service
Plan for the Aspen Glen Water & Sanitation District (the "service Plan') was approved by
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the Commissioners on January 3l , 1994 in Resdlution N9. 94-008. A copy of Resolution 94-.
008 is attached as Exhibit B. The District's name was changed to the Roaring Fork Water
& Sanitation District by Order of Court entered on July 13, 1998. A copy of the Order
approving the name change is attached as Exhibit C.
The District was originally organized to be the entity that would own and operate the
domestic water and wastewater treatment facilities which would provide such services to the
Aspen GIen Planned Unit Development ("Aspen Glen"). As initially organized, the District
boundaries were co-extensive with the boundaries of. Aspen Glen and included
approximately 938 acres. In accordance with the Service Plan. the developer ofAspen Glen
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has constructed the wells, water treatment facilities, water storage facilities and transmission
RFIYSD - Sentice Plqn Amendnrent
Page 2
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tacilities necessary to provide water service to all of Aspen Glen at burild-out. Also as
required in the Service Plan, the Aspen Glen developer designed a 'wastewater treatment
facility which would be capable of providing regionalized wastewater treatment services to
Aspen Glen and other properties as identifie{ in the Service Plan. The first phase of this
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regionalized wastewater treatment facility tdgether with all collection lines, have been
constructed and are now in service. Presently, t[re District is providing water and wastewater
services to approximately 103 residential units within Aspen Glen, as well as the Aspen Glen
Clubhouse, the golf maintenance facility, and the Aspen Glen administrative and sales
offices. As required by the Service Plan, the Aspen Glen developer has transfer.red to thi
District all of the water and Wastewater facilities that have bben constructed.
During the proceedings before the Commissioners on the Service Plan, the issue of
r.egionalization ofwastewater service was of siqnificant importance to the State, the County'
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and neighboring property owners. As a result the Servicd Plan recognizes that the District's
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wastewater fieatment facility will ultimately provide service to an area significantly greater
than just Aspen Glen. The Service Plan describes two additional areas as capable of being
servedwithwastewatertreatmentbytheDistrictpursuanttoC.R.S.$32'l-401. Theseareas
are defined as the "Service Area" and the "Expanded Service Area" in areport commissioned
by the Colorado Department of Health and entitled "Wastewatei Management Study for the
Lower Roaring Fork Valley" (the "Wastewater Management Study").
The "service Area" can be generally described to include the following: l) the
Crystal River Ranch, presently undeveioped and lying southwesterly of Aspen Glen; 2) the
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RFWSD - Servici Plan Amendment
Page 3
Coryell Ranch, nor.v being developed and lying immediately soutlr of Aspen Glen, and 2) the
Burry Property, undeveloped, and lying generally to the east of Aspen GIen.
The "Extended Service Area" can be generally described to include the following:
1) the Rose Ranch PUD rvhich lies to the north of Aspen Glen and which has zoning and
preliminary plan approval by the County fo1 an approximat ely 322 unit residential
subdivision; 2) the Sanders Ranch, the presently undeveloped land lying to the east ofAspen
Glen; and 3) the dev'eloped property lying to the north and east of Aspen Glen which is
identified as "mid-way" in the Wastewate. M*ug.-ent Study and generally lies within an
approximate one.-half mile radius of the .ori{ifr"rty intersection of Colorado State Highway
82 and Garfield County Road 154.
The Service Area and Expanded Service Area, as defined in the Wastewater
Management Study and the Service Plan, will hereinafter be referred to collectively as the
"Regional Service Area."
At the time ofthe District's creation, the lands within the Regional Service Area were
either only partially developed or completely undeveloped. There were no foreseeable
development plans. That situation has changed. There Are now two major subdivisions
within the Regional Service Area at various stages of development and other developments
have been proposed. The existing domestic water facilities in the Regional Service Area are
insufficieit to meet the demand to be created by these new developments. While.each ofthe
new developments have plans for the construction ahd installation of stand-alone water
facilities, the efficiencies and economies of scale of regionalized water service by the District
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have become apparent. The developers of both the Coryell Ranch PUD and Rose Ranch
RFWSD - Semice Plan Antendntent
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PUD have therefore requested that their water systems be integrated with the District's
system and that the District assume ownership and operation of a regionalized water system.
Negotiations aniong the District and developers to accomplish this are virtually complete.
' However, although the 1994 Service Plan contains annexation policies designed to
facilitate the inclusion of property within the Regional Service Area into the District for
purposes of wastewater treatment service, Service Plan at p. l0-12, the District's ability to
provide domestic water service is restricted under the Service Plan to the District's initial
boundary. The Service Plan expressly states that the District must first obtain approval for
a Service Plan modification before it can provide "domestic water seryice outside its initial
boundaries." Exhibit O to Service Plan. This Service Plan Amendment is submitted for the
purpose of obtaining such approval. The Service Plan's provisions related to wastewater
treatment services will not be affected by this Service Plan Amendment.
u.
STATUTORY REQUIREMENTS
Material modifications of a special district's service plan are subject to approval by
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the Board of County Commissioners "in substantially the same manner as is required forthe
approval ofthe original plan." C.R.S. 532-l-207 (2). This Service Plan Amendment should
be approved by the Commissioners because it includes all necessary criteria and
demonstrates by satisfactory evidence the following requirements of C.R.S. $32-l-203:
A. There is sufficient existing and projected need for organized water service in
the Regional Service Area;
MI|/SD - Service Plan Antendnrcnt
Page 5
B.The existing water service in the Regional Service Area is inadgquate for
present and projected needs;
The District is capable of providing economical and sufficient service to the
Regional Service Area;
The Regional Service Area has,lor will have, the financial ability to discharge
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any proposed indebtedness.on a reasonable basis;
Adequate service is not, or will not be, available to the Regional Service Area
through the County, other existing municipal or quasi-municipal
corporations, including other existing special districts, within p reasonable
time and on a basis comparable to that sought to be provided by the District;
The facility and service standards of the District are compatible with the
facility and service standards of Garfreld County;
The District's Amendea Servicl Plan is in substantial compliance with the
1gg5 Garfield County Comprehensive Plan for Study Area One
("Comprehensive Plan"), which encompasses the Regional Service Area;
The Service Plan Amendment is in compliance with all duly adopted county,
regional, or state long range water quality management plans for the Regional
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Service Area;
Authorizing the District to be the provider of domestic water service within
the Regional Service Area will be in the best interests of the owners of
property in that Area.
C.
D.
E.
F.
G.
H.
RFWSD - Serttice Plan Amendment
Page 6
Accordingly, this Amended Service Plan includes a description of existing services
provided by the District (Section IIIA); a description of existing domestic water'service in
the Regional Service Area (Section IIIB); a description of approved subdivisions within the
Regional Service Area and their requests to receive domestic water service from the Distr-ict
(Section IV); a statement of the advantages of having the District become the regional
provider of domestic water service (Section VA); a statement of policies by rvhich the
District will provide regionalized domestic water service (Section VB); a general description
ofthe facilitiesto be constructed (Section VI); a financial plan (Section VII); and a statement
of compliance with the County's Comprehensive'Plan (Section VIID.
ry.
DESCRIPTION OF EXISTING SERVICES
A. The District's Existing Domestic Water Service.
' The developers of Aspen Glen have constructed all water facilities necessary to serve
Aspen Glen at build out and dedicated them to the District. These include wells, treatment
facilities, storage tanks, transmission and distribution mains, and appurte(lant facilities.
The District is currently supplied through wells drilled into the Roaring.Fork
alluvium. Two of the wells have well pumps and drop pipes installed and are currently in
use. A third well will be put on line in the near futrye.
The three wells have been pumped tested in excess of 700 gpm. The combined
capacity of the three wells is 1340 gpm: (Well No. 2 -- 450 gpm, Well No. 3 - 690 gpm, and
Well No. 4 -- 200 gpm). The capacity of the three wells exceeds the District's projected
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maximum day demand of approximately 700 gpm for Aspen Glen at build out. This leaves
RFIISD - Service Plan Amendment
Page 7
an excess capacity of 640 gpm or 921 ,600 gpd. The excess capacity has the potential to
service an addition al 1228 to 3072 EQRs depending upon actual water use within Aspen
Glel and whether new developments provide for secondary irrigation systems. In addition,
the District has easements for an additional + wills which may be located within Aspen Glen.
The three existing wells pump water ,o u *.ft house and chlorination treatment facility.
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Water from the wells is pumped to a below grade clear-well where the raw water is
chlorinated through the injection of a chlorine solution fed from gas chlorine cylinders. After
30 minutes of.detention time, water is pumped through a series Of distribution and
transmission mains to two remote above ground welded steel water storage tanks.
The District currently bwns and operates two storage tanks. One tank, located on the
east side of Highway 82, has a capacity of 700,000 gallons. The second tank, located west
of County Road 109, has a capacity of 300,000 gallons. Both tanks are located at the same
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base elevation of 6200 feet. The tanks are tied tJgether by a series of transmission mains and
looped distribution mains. Individual distribution lines are looped to the greatest extent
practicable, thereby minimizing dead-end lines.
All water usage within the District is metered and billings for all water service are
based on actual water use. The District has adopted a block rate structure to encourage water
conservation.
B. Existing lYater Service in The Regional Service Area.
The water service in the Regional Service Area outside of Aspen Glen currently
consists of individual wells and small community water systems. They aie owned by
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individuals, private corporations, or homeowners' associations. Several of the systems have
RFWSD - Service Plan Antendmenl
Page B
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o a history of substantial thilure. Tlre wells that service the commercial area at the "mid-way"
area are in close proximity to individual sewage disposal systems (ISDS) rvhich could result
in groundwater contamination problems in the future. Because of a lack of storage capacity
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in'this area, there is a lack of adequate fir1 protection. None of the systems currenlly
operating in the Regional Service Area, ex.Lpt for the District's existing system within
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Aspen Glen, meet municipal quality water ryit.* standards.
IV'
REQUESTS FOR SERYICE
As indicated earlier, the District has received a number of requests to'be the water
service provider within the Regional Service Area. These requests are outlined below.
A. Coryell Ranch.
The Coryell Ranch Planned Unit Devel[pment has received PUD, Preliminary Plan,
and Final plat approval from Garfield.countjr. The cfiryell Ranch puD consists of two
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separate subdivisions: Coryell Ranch Subdivision, containing}g units, and Midland Point
Subdivision, containing 43 units. The Final Plats for both Coryell Ranch and Midland Point
Subdivisions were recorded on January I 8, 2000. In accordance with the approval of Coryell
Ranch PUD, Coryell Ranch and Midland Point Subdivisions will receive wastewater
treatment service from the District. To that end, Coryell Ranch PUD has been annexed into
the District by Order of Court dated February.8,2000 (copy attached as Exhibit D).
Withrespectto domestic waterservice, the Coryell RanchPreliminaryPlanandFinal
Plat submittals indicated that the Coryell Ranch developer, at its expense, would construct
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an independent, stand-alone domestic water system. The application also indicated that the
RFWSD.- Service Plan Amendment
Page 9
Coryell Ranch r,vater system r.vould be constructed to the standards and specitrcations of the
District's existing system and that the necessary facilities to interconnect the Coryell Ranch
system to the District's system would be installed. The application also proposed that the
system would be owned and operated by the Coryell Ranch and Midland Point Homeowners
Associations: (i) until such time as the District obtained an amendment to its Service Plan
ailowing it to provide water service outside Aspen Glen; and (ii) until execution of an
agreement, acceptable to the District, which contains the terms and conditions on which the
District would accept the responsibility of owning and operating the Coryell Ranch system.
By its approval of Coryell Ranch and Midland Point Garfield County indicated its approval
ofthese concepts.
Pursuant to the County's approvals, the Coryeil Ranch water system is in its final
stages 'of construction. The water system improvements include a well field,
chlorination/control well house, a 200,000 gallon water storage tank, and the associated
water distribution and transmission lines. The Coryell Ranch watei system has been looped
into the District's existing system by a water line underthe Roaring Fork River. The Coryell
Ranch water storage tank has the same base elevation as both of the District's existing
storage tanks.
Projected maximum day demands for both Coryell Ranch Subdivision and Midland
Point Subdivision is 53 gallons per milute. Coryell Ranch Well No. 13, permitted by the
Colorado Division of Water Resources on March g, lgggunder Permit Nos. 051447-F has
been pumped tested and is capable of strpplying flows significantly in excess of the
RFWSD - Sert,ice Plan Amendment
Page l0
maxinlun'l day demand for the Coryell Ranch PUD aircl may yielcl as much as 1,000 gallons
per minute with a properly constructed well.
B. Rose Ranch.
The Rose Ran'ch Planned Unit Development has received PUD and preliminary Plan
approval from Garfield County. In addition, Garfield County has approved the Final plat for
Rose Ranch Phase I and this Final PIat was recorded on September 11,2000. Rose Ranch
PUD will ultirnately consist of approximately 322 residential dwelling units. A golf
clubhouse and other amenities are also included within the development.
In accordance with the approval of Rose Ranch PUD, the development will receive
wastewater treatment service from the District. To that end, the developer of Rose Ranch
and the District have entered into a Pre-Inclusion Agreement dated February, 1999 (copy
attached as Exhibit E), which sets forth the terms and conditions upon which the District will
provide Rose Ranch with wastewater treatment service. In accordance with applicable
provisions ofthatPre-InclusionAgreement, on September I 1,2000, simultaneouslywiththe
recording of the Rose Ranch Final Plat Phase l, the Rose Ranch developer deposited
$657,580.00 with the District to allow the District to construct an expansion of its
wastewater treatment plant when one is necessary to provide service to Rose Ranch.
With respect to domestic water service, the Rose Ranch Preliminary Plan and Final
Plat for Phase 1 indicate that the Rose Ranch developer will, at its expense, construct a water
supply consisting of two surface water diversion points, one on the Robertson Ditch, and a
second on the Roaring Fork River. The water from these surface water diversions will be
treated via chlorination, settling ponds and filtration. The treated water will be pumped to
RFI'YSD - Service Plan Amendment
Page I I
a 300,000 gallon storage tank located on the south-end of the site at the same base elevation
as the District's existing storage tanks. The Rose Rancir applications indicated that the Rose
Ranch system was designed to be a stand-alone system and would be operated by the Rose
Ranch Homeowners Association. However,'in the application, the developer also requested
the ability to turn the system over to the Distr{ct if an Amendment to the District Service Plan
was obtained and the terms on which the bistrict would accept the system and provide
service to Rose Ranch could be negotiated between the District and the developer.
In furtherance ofthis request, the Rose Ranch developer cornmitted to build all of its
water system to standards and specifications acceptable to the District and to construct a l2-
inch main line which will allow connection of the District's existing facilities to the Rose
Ranch system.
C. Other Requests.
The owner of Sanders Ranch propertf has alsf asked the District to provide water
service to a development proposed for that property. The District has been advised that the
development application for the Sanders Ranch property, filed in September, 2000 and now
moving through the Garfield County land use process, requests approval for a development
that is generally consistent with the Garfield County Comprehensive Plan for that property.
V.
REGIONALIZATION OF DOMESTIC WATER SERVICE
A. Advantoges of Regionalization.
In order to respond to the foregoing requests, the District has carefully considered the
concept of becoming the regional provider of domestic water, as well as wastewater, service.
RFWSD - Service Plon Anrenclment
Page l2
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At this time, the District believes that there are many advantages to having the District
provide both water and wastervater treatment service to the Regional Service Area.
The County, and, to the extent it has authority, the Colorado Department of Public
Health and Environment, have both .*pr.rria a preference that water utility systems be
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owned, operated, and maintained by a governrhental or quasi-governmental entity instead of
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a private, individual entity, or homeowners' aCsociation. Ownership by the latter group will
only proliferate without this Service Plan Amendment.
Assuming approval of this Service Plan Amendment and successful negotiation of
final agreements, the District will own and operate a large, unified water system, with
redundant sources of supply and treatment, which will provide water service to the three
major developments approved between Carbondale and Westbark. The District will also
have the legal authority to provide water seryice to other properties within the Regional.
Service Area that may not otherwise be able lo proriab for adequate water suppty, water
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storage, and fire protection. Customers, contractors, and the County can work with one
entity instead ofmany different developers or homeowners' associations. One consolidated
District providing both water and sewer service will result in one mill lerry assessment,
service fee, and tap fee.
Becausethe District is alreadyproviding both water and sewerservice to Aspen Glen,
it is already well-equipped to handle the transition to a regional provider of water. The
District has full operational, engineering, legal and administrative support staffs. The
District has adopted Rules and Regulations for both services. The District's specifications
RFWSD - Service Plan Amendment
Page I 3
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are set up for both water and sewer infrastnrcture. The District's billin-e system is set up for
customers receiving both water and sewer service.
Consolidated water facilities will provide a safer and more reliable water supply. For
example, the District will have water supplies consisting of rnultiple well fields and surface
water supplies. If consolidation occurs, then each property or customer will benefit from the
reliability and safety of multiple supplies rather than reliance on a single stand-alone system.
If the quality of water in the Roaring Fork River is threatened with a hazardous waste spill,
or is subject to high turbidities during spring runoff, then customers in Rose Ranch can
benefit from the ground water supplies from other well fields within the District. If a well
in Aspen Glen fails or deteriorates, a second source of supply from a surface water source
will be of great benefit.
Multiple water storage tanks will contribute to safety and reliability. Rather than rely
upon individual water storage tanks for each property, water storage through the District can
be master planned so that customers can benefit from storage in several tanks. This will also
result in the need fora smaller number of tanks. Because the largest need component of
water storage volume is fire flow, the ultimate volume reduired from a consolidated District
will be much less than if each individual property needed to supply fire flow volume. The
size of transmission lines from the tank to the development can be smaller ifthey are looped
to multiple tanks. Fire flow will be higher and more consistent from multiple tanks.
RFWSD - Service Plan Amendment
Page 14
o
B. Policies Regarding LYater Service to tlrc Regional Service Area.
Having determined that the requests from new development establish the need for
domestic water service within the Regional Service Area, and having further determined that
I
there are advantages to be gained by so doing, thp District has concluded that it is appropriate
I
for the District to be the regional provider of b{th water and sewer. To this end the District
has examined the annexation policy set out irl tfr. Service PIan and the Out of District
Service Contracts attached as Exhibits to the SErvice Plan. These documents address the
manner in which the District's wastewater treatment facilities will be expanded and sewer
service will be provided to properry which was notwithin the District's initial boundaries.
These documents establish the premise that the District's wastewater facilities and service
will be expanded upon the funding of the initial capital costs ofnew or expanded.facilities
by the developer of the new property seeking se[vice. These documents also establish that
this premise is to be uniformly applied to all properties sfeking new or expanded service.
The District believes that the foregoing principals established in the Service Plan
have served it well and have accommodated the expansion of its wastewater heatment
facilities and service without undue burden on existing customers or service area. The
District therefore believes that these principals can be incorporated into an analogous policy
which will allow the District to become the regional provider of domestic water service. The
District therefore proposes the following Statement of Policy enumerating the terms and
conditions upon which the Roaring Fork Water & Sanitation District will provide domestic
water service to new development on property outside the boundaries of the Aspen Glen
PUD.
RFI{SD - Service Plan Amendnent
Page l5
-
l. An applicant for domestic water service will, at his expense, construct all of
the wholesale water facilities (supply, treatment, storage and main transmission facilities)
necessary to provide domestic water service to his project, and convey those wholesale
facilities to the District at no cost.
2. As an alternative to No. l, above, an applicant for domestic water service, or
his engineer, together with the District's engineer, will quantiff the cost to such applicant if
he were compelled to construct his own independent domestic water system for the
applicant's proposed project. This cost will include the cost of facilities to provide a water
supply and water treatment. It will not include cost of water trunk lines, water service lines,
or lines to connect the new project to existing District facilities. It will not include cost of
additional water storage if a storage site exists on the applicant's property, but will include
cost of storage if the applicant wants to make use of existing District storage.
. 3. The applicant will pay to the District the sum calculated pursuant to paragraph
2, above,or an alternative sum acceptable to the District given the District's then existing
facilities and the need for expansion to provide service to the applicant's project.
4. thgn such payment, the District will commit to provide water service to the
applicant's project and to build the necessary facilities to fulfill that commitment. However,
the actual use of the money paid, and the timing of such expenditures, will be in the
discretion ofthe District. The obligation to constnrct the source of supply and treatment will
be the District's at the time the aclditional source of supply is necessary.
5. The District and the applicant will enter into a tap fee recovery agreement
which will provide that the applicant may recover the cost of construction of his system, or
RFWSD - Semice Plan Amendntent
Page l6
I
o
the sum paid pursuant to paragraph 2, above, as the case may be, tiom tap fees collected from
properties within the applicant's project
6. The applicant will be responsible for all internal delivery lines within in its
project and for connection to existing District facilities. All such facilities will be
constructed to the District's specifications and the D.istrict will have rights of inspection.
7. The applicant will construct additional storage ifnecessary and a storage site
is available, and the cost thereof is excluded in paragraph 2, above.
8. The applicant will convey all necessary water rights to the District to enable
the District to provide water service to the applicant's project. This includes all necessary
water allotment contracts.
g. The applicant will convey all necessary easements or fee title of property to
the District for water supply and treatment sites, water lines, and other water facilities.
10. The District will require, except in extraordinary circumstances to be
determined by the Board on a case by case basis, that all projects install a secondary
inigation system, so all irrigating is done with untreated water in systems that are not owned,
I
controlled or operated by the District.
Prior to providing service to new development within the Regional Service Area, all
of the foregoing policies will be addressed and resolved to the satisfaction of the District in
Facilities Extension Agreements or Pre-Inclusion Agreements. These policies form the basis
of the agreements now being negotiated between the District and Coryell Ranch and Rose
Ranch as those properties appear to want to turn over their water systems to the District as
soon as this Service Plan Amendment is approved. Future agreements shall be conceptually
RFWD - Settice Plan Amendment
Page 17
cotlsistent with the fbregoing policies and the agreements
.now
being negotiated.
Modifications on a case-by-case basis may be necessary because of matters related to the
actual cost of construction, geographic distinctions in the property requesting such service,
the extent that the newly-included property utilizes common elements and other factors
particular to the property in question. The J,ro,., will also retain the flexibility to modifu
I
the policies when responding to requests tolprolriae service to pre-existing development
within the Regional Service Area which now have individual wells or small community
systems.
vI.
WATER RIGHTS AND FACILITIES FOR REGIONAL SYSTEM
A. lYater Rights.
In the.Service Plan, the Commissioners were informed that the developers of Aspen
I
Glen had filed an application for a plan fo, ,lrg*.rtation to allow for the build-out of the
entire Aspen Glen PUD. The augmentation plan was approved by the Water Court in
Division 5 in Case No. 93CW192, on December 7,1995.
The Service PIan also recognized that the water rights to be used by the District were
owned by the developers of Aspen Glen. It provided that they were to be conveyed to the
District. On December 16, 1996 the appropriate waler rights were conveyed to the District.
A copy of the Deed transferring those water rights to the District is attached as Exhibit F.
As stated in Policy No. 8 above, provision of watei service to property within the
Regional Service Area will be conditioned upon the conveyance to the District owners,of
water rights that are sufficient to enable the District to provide the service being requested.
RFWSD - Service Plan Amendment
Page l8
In fact, the developers of both Coryell Ranch ancl Rose Rapch have obtained their own
augmentation decrees and have expressed their willingness to convey the appropriate water
rights to the District upon the District's assumption of the indiviclual water systems.
B. l;l/ater Suppty, Storage and Transniision.
Exhibit G is a map which shows tfre schematic infrastructure necessary for the
I
Regional Service Area. Water supply will inittally come from groundwater sources including
the Aspen Glen and Coryell well fields. These two sources are projected to able to supply
in excess of 2340GPM (3.37 MGD). This amount of water is adequate to supply water to
3850 EQR's. This is based upon 3.5 persons per EQR, 100 Gallons per capita per day, and
a 2.5 peaking factor of Maximum day to Average Day demand. This also assumes that all
development will comply with the Districts Raw Water Inigation policy which requires that
Secondary water systems provide water for qutside lawn irrigation.
I
The projected number of EQR's in i,, regiorla service area is 1962 asshown in
Table III-1 which projects EQR's and water requirements. A back up supply of water may
be available through a surface water treatment plant which may be located on the Rose
Ranch, which has been a part of the Rose Ranch land use application. The combination of
the existing and future ground water supplies and the potential for a surface water supply
provides redundancy of supply, more than adequate quantity and finally the flexibility that
will be required to meet the ever changing provisions of the Safe Drinking Water Act now
and into the future.
RFWSD - Senice Plon Amendment
Page 19
o
Tablc III-l
ROARING FORK WATER AND SANITATION DISTRJCT
REGIONAL SERVICE AREA
ocroBER,2000
SGM INC.
Note: The projections of EQR's are estimates only, and are used to allow for future planning
of wholesale water and wastewater infrastucture.
vII.
FINAIICIAL PLAi\
The developers ofAspen Glen constructed the existing facilities described above and
transfened them to the District at no cost to the District. The District currently has no
bonded indebtedness.
RFWSD - Service Plun Amendment
Page 20
PROPERTY EQR POPULATION FLOW PER
CAPITA
(GPCD)
ADF
(GPD)
MDF
(GPD)
ASPEN GLEN 643 1 929 100 1 92900 482250
CRYSTAL RIVER RANCH 320 960 100 96000 240000
CORYELL 72 216 100 21600 .54000
WEST CARBONDALE 18 54 ,100 5400 13500
BURRY 10 30 100 3000 7500
SANDERS RANCH 120 360 100 36000 90000
ROSE RANCH 354 1062 100 106200 265500
MIDWAY AREA 122 366 100 36600 91 500
HLAZYF 110 330 100 33000 82500
TELLER SPRINGS 22 66 100 6600 16500
CATTLE CREEK INTERSECTION 50 150 100 15000 37500
MOUNTAIN MEADOWS MHP 20 60 '100 6000 15000
WESTERN MOBILE GRAVEL PIT 61 183 100 18300 45750
WAYNE RUDD/CATTLE CREEK 40 120 100 12000 30000
1962 5886 588600 1471500
It is expected that the transfornration of the District into a regional provider of
domestic water service will also be accomplished without the immediate need to incur debt
or to fund capital expansion. Pursuant to the Policies enumerated in Section VB; above, the
facilities extension agreements currently being negotiated with property omers within the
Regional Service Area provide that the costs of expanding domestic water service will be the
responsibility of those seeking such service. Such agreements will also cover matters of
construction and reimbursement for any party who participates in the construction of water
facilities. All of these terms will be conceptually consistent with.the construction and
reimbursement agreements related to wastewater facilities which are found at Exhibit J in
the Service Plan.
Pursuant to the Policies, the water supply, treatment, storage, and transmission lines
will eithei be constructed by the developers of the previously identified PUDs and
subsequently transferred to the District at no charge, or will be built by the District with
funds paid to it in advance by the pUD developers.
Additionally, the District will, subject to applicable law and affirmative vote of the
electors of the District, have the ability to issue general obligation bonds to make
improvements to the facilities ofthe District. No specific bond issues are anticipated at this
time. In the event the District should determine in the future to issue general obligation
bonds, it will be done in accordance with the Special District Act and applicable provisions
of Act. X, Sec. 20 of the Colorado Constitution.
RFWSD - Service Plan Amendment
Page 2 I
VIII.
COMPLIANCE WITH COMPREHENSIVE PLAN
Pursuant to this Service Plan Amendment, the District is seeking the authority to
become the domestic water service providdr for all within the Regional Servicers wilrgf servrqe provloqr ror alt property within the Regional service
Area. The District's motivation for suUmittifrS this Service Plan Amendment is the requests
i
Iit has received from CoryellRanch PUD and Rose Ranch PUD, developments which have
already been approved by Garfield County. Additionally, the District would like to have the
ability to provide water service to pre-existing developments within the Regional Service
Area which may be in need of safer, more reliable water service.
:
The District is not, by this Service PIan Amendment, seeking to construct water
supply, storage, treatment or delivery facilities which will provide capacities in excess of
those necessary to serve developments already approved and requesting service. Instead, this
I
Service Plan Amendment will authorize the di.tri.t to provide domestic water service to the
same area it provides wastewater service and establishes policies by which newdevelopment
can construct or pay for expansion of the District's domestic water facilities if that
development is approved by the County. The District therefore submits that this Service Plan
Amendment is in compliance with Garfield County's comprehensive plan for StudyArea l.
IX.
COMPLIANCE WITH STATUTORY CRITERIA
The District submits that this Service Plan Amendment satisfies all requirements for
approval and acceptance bythe Commissioners pursuantto C.R.S.5s 32-l-101, et. seq. The
requests for service received by the District by approved subdivisions and the advantages to
RFII/SD - Seruicc Plan Amendmenr
Page 22
be gained by having the District be the regional provider of both water and sewer establish
ths inadequacy of existing water systems, the need for organized service and that the
expansion of the District's water service is in the best interests of the owners of property
within the Regional Service Area. There are no other municipal or quasi-municipal
providers of domestic water service within the Regional Service Area and the County does
not provide such service. The facility and service standards for domestic water service
within the Regional Service Area will be the same as those alreaCy approved inthe District's
existing Service Plan. Finally, this Service PIan Amendment complies with the Garfield
County Comprehensive Plan and all duly adopted County, Regional and State long range
water quality management plans.
WHEREFORE, the District respectfully requests that the Board of County
Commissioners ofGarfield County, Colorado, adopt aresolution approvingthis ServicePlan
Amendment for the Roaring Fork Water & Sanitation District.
q\wpdoct\LGlRFWSD\. . . l2-lt{0
RFWSD - Sen,ice Plan Amendment
Page 23
DISTRICT COURT, GARFIELD COuNTy, STATE Or.
Case No. 94CV29
COLORADO
ORDER AND DECREE CREATING DISTRICT
ilrffJ._ rHE oRGANrzArroN oF rlrF AspEN GLEN wArER & sA}frrArroN
THrs MATTER, cominq before the court upon the Motion for orderDectaring District ordanized submi.a;e by the petitioners insupport of tl: A_spen 6t"n w"t"i-i--si"-iit"[iorr-]iriii"t1 and itappearing to the court that ttre erection-ri"-[.rJl-i-uay r, Lggl,in accordance' with the Order Callinq Electior- or- Organizationentered by this court on ApriJ. G, -1994' thereiii"r -,ibra"r,,)i
and
rT FURTHER APPEARTNG th"I the aforesaid eLection was duly heldat the time and place set, , forth il-th" order and that at saidelection there wal submitted t; th. ;rig'iur" "rl"i"r" it " questionof the organization of the Aspen Glen wii"r & sanitation District,Garfield county, colorado, ani the eleciion of the initiar Board ofDirectors for such District, tog-eth.i ,iln arr questions .necessaryto imprement !h" provisions df arii"r" x, section 20, of thecolorado constitution as specitief -in ttre oiaer; ;d
rr FURTHER APPEARTNG that.thJ requiSed Notice of Election was
-9"1y publishe9 in compliance with- t-tre= alorementioned order in thevalley Journalr.a newspaper.of genei"l "i="ulation in ttre proposedDistrict, one tine, at- l-east ten 9-ays pif;i-t"-trr"tection; thatnotice *as dul.v mailed -p-ursuant to- ariiJi-e i; il"ti""" 20 of thecolorado constituligL aid the ippii""uiJ prorisions of c.R.s. 1-5-206(21 | c.R.s. r-5-207, and c.R.-s. 32-1-110_1(2), all in compliancewith Iaw and the orderi that all of [tre uarrots which were cast atsaid election were cast by -eligiuie "r"ctors oi--trr" proposedDistrict who ,eje- -register:ed to- voie pursuant to the uniformElection code .of 1992- and who eithei had been residents of theproposed District for not less than twenty-fi"e tzst d-"ir;;;;il;or whose spouse owns taxabre rear :r.pl=:onal property situatedwj-thin the boundaries of the proposed bi'slrict, ,f,e-t-rier J"ialp"i"""resides within the proposed bi=trici Li notr or who ire obligatedto pay taxes under a contract _to.purchase tixaut" fr"l".ti-rittrinthe boundaries of the proposed piitrici.
EXHIBIT A
THE coURT FINDS that the following ballots $rere cast on thequestion of the proposed District!
For the organization of theAspen GIen Water & Sanitation District
IAgainst the organization oi tt.Aspen GIen Water & Sanitatfon District
I
Votes Cast
7
That the followinoDirectors of the Distridttheir name!
Name
irohn *Irnrn"
James A. WoodsTerri Hart
Jon T. Brown
Michael W. E1kins
?]'alified persons'were duly elected asfor the indicated terms set forth beside
' Tenr
! years (until regular election l99B)
4 years (until regular elec,tion 1999i
! years:(until regular election 1999i
2 years (until regular election 1996i
2 years (until regular electLon 1996i
That the following ballot issues were approved as submitted atsaid election pursuant -to c.R. s. . 32-1-Bo: i s ) and Article:Il-s-.-"E]i20, Colorado Constitution, receiving the'votes indicated herein:
I
* 1 sHArL ASPEN GLEN WATER 16 sAl.lITATroN DrsTRrcr rAxBs BBTNCREASED 5120r000 ANNUALLY gr.by such Lesser annual amount aB may
!e-negegsary to p-ay the Districf 's general costs or evidences ofindebtedness; such taxes to consist -ot an ad "irir!, property tax,oill lery imposed at the initiar rate of 2.981 ;iii"7 o* at suchother rare and in amounts, without rimiiaii"n, -1-,irf-i.i";t-1;
produce- the annual increase set forth above or such lesser amountas- may be .necessa_ryi and shall the revenue from "ucli t"*.= and anyother monies used !o p"y such general costs or other evidence" oiindebtedaess, and- inves{ment inlome thereon, be collecteil and spentby th9 Dist5i.ct without regard tg qr.y "*p"rraiirie,
-r-""-""*:i.l"I"g,
or other rimitation contained withiln eiticre ir's."ii""-zo-;i-I6;Colorado Constitution?
YES
NO
7
-T--*2 - SHALL ASPEN GLEN WATER & SANITATTON DISTRICT DEBT BE INCREASBD$295r000 wrrH A REPAYMENT cosr oF g460rooo; such debt to consist ofa P'omissory lote. sec_ured by the revenues 6t ttre District , i, otheievidences of indebtedness, Lssued for the purpose of acquiring realproperty t oE otherwise acguiring, const,rulting, initartiig orcompleting any or all facilifies n5cessary and refitea to-p-io"i-'aing
-);
::1_?l:::-li:9.. sanitary sevrage sysrem and treatment prant, suchpromr-ssory note or other evideices-of indebted-ness'["-u" issued ata maximum net effective interest rate -of gt per annum, and tomature or be payable not more t-h;;i = ", . n " "J
- . ra
"
r,'"j:, i r,; p;;
" "
d s o f s u ch "'Jr:j""; "
J'jJ i Jotju? a i: : : :and investment income thereon, be corrected and spent by theDistrict ,itl?:! 1"9?rq to aTI- gxpenditure, revenue raising, orother limitation coitained toit,nin-aili.r. x, section zo of theColorado Constitution?
YES
NO
7
-
#3 -SHAIL ASPEN GLEN WATER & SANTTATION DISTRICT collect and spend,without limitation (i.) proceeds "f a;;il;d;;;J--f;i"wins voterapproval- after organizaiion of the oi=t.i"i-lily -pl*oceeas of advaLorem taxes collected for the p"yr"ri "r such'd;ba, and (iii)revenues from any other revenue source from which the debt ispayabre, all of which Droceeds "rra rev"nues may be corrected andspent without.rimitatio-n or conditio" ,"a"i aiil"r" il section 20of the constitution of the state of colorado; and shalr thecollection and. spending_ of the pioceeas of such debt and revenuesfrom the tax increase -lern, to b"y aell '1or other revenue sourcef rom which !h" debt is' paya'brt t ,
- - not rimit the District , scollection and-spendi_ng ot- o[tr6r ."J"rrr"" or funds under Article x,section 20 of the coirstitution "t-tt" state of Coioraao, whichproceeds and reve-luqs may be r"ceirea ;e "p""i--r-itrr""t, ""vrimitation or condition ui.d"r aiti"i"-x, section 20, and whichcollection and. spending 9f sugh debt lroceeas and ,.r"rro.J'ir].rr'iliaffect the District's cbllection "na
'"l.nai"g &;t;;;'i"r.r,o"s andfunds under Article x, section 2O of 1ir"-L""=titution of the Stateof Colorado? e-v" L
il8'*-
AND IT f'URTHER APPEARING TO THE COURT that the aforesaidelection was held in accordance with Part 8 of Article 1.of Title32r'c.R.s.1
' AND IT FURTHER APPEARING'that all of the provisions of law,and more parti.cular-ly all of the_requirements of'ritle gZ, eitici!1, Part 3; T1tlq !, parts 1-13, tolorado nevised- st"tot.", asAmended; and Arti-cre x, section- 20, colorado conetituai;;;-h";;!g.r conpried with, met and performed G ih;-";;;;i;;tion of theDistrict i -
AND THE .couRTr.. being fully advised in the premises herebyORDERS AND DECREES that:
-3-
The District has been duly and regularly organized and shallbe known as "Aspen Gren water & sanitJtion 6i"iii"ii-i' Garfierdcountyr. colorado. The organization of the A;p;; Gren water &sanitation District sharl bL effective as of ruay r , L;ii.
said Dis-trict shall be_ a quasi-municipal corporation andpolitical subdivision of the State- of Coloradd with "if tn" p"r.i"thereof. The .facilities, services and financial- Lii""gemeitE ofthe District sha1l conform as far as fracticabl- i"-tt6 "pfro""aService Plan and Resolution of approiif of the Board ot'bouniycommissioners of Garfierd count_v, tLrgr.io.- rh; ;ppr;ved servicePIan and Resolution pf |nprovaf
-required Uy ritle-5r. aiti"i.-i,Part 2, Colorado Revised-Statutes, lreviousiy filed ih tn" withinaction shall be and the same are h.i"Uy incoi'p"r"t"a-ty referenceinto this Ordero -----F--
rn accordanie with e.R.s. 32-l-305.5(5), the clerk of theCourt sha1l issue Certificates of Election'foi- th; Directoiselected.
. rlt: Aspen Glen !{ater & Sanitation Disirict is 1ocated inGarfierd county, cororado, and is more p"rii""r.iry l""cribed t;follows:
{ Parcel of land situated in Iots 23 and E of Section 12, Lots 1 and 3 through 16 of
Section 13 and lrts I and2 of Section 24, Township 7 Souih, Range 89 West, "id in th"
SWI/4SE1/4' SE1/4SE1A and lots 4,6,7,9 through li and 14 tirougi 17 of Section 18 andthe NEI/4NEI/4 and lots 1, 3 throu gh 12 ana tS through 17 7f, Section 19 and theNEl/4Nwll4 and l-ots 2,4 through 76,19,20 of Section 20, I-6ts 2,3,4,8, and 9 of Section 29
Tournship 7 South, -R1ng9 88 West of the 6th P.M., County of Garfield, State of Colorado
being rnore particularly described as follows:
Beginning at the North 1/4 Corner of said Section 13; thence North 00 degrees ll minutes
14 seconds Y:t1 Q 00o11'14u W) along the North-South Centerline of siia Section 12, a
distance of. 458.62 fee! Jo a point on the Ea$erly Right-of-Way fence of Garfield County
Road No. 109, marked by a iebar and cap L.S. 19598ithence
"l,oog
said right-of-way fence
l'" iil'lXlf f;i[:].::%'i,in,t", 04 seconds East (S t321,o4uE), a distano or rrr.r,
feet;
2l
feet;
3l
feet;
4l
feet;
sl
feet;
South 09 degrees 05 minutes 41 seconds East (S 09t5'41' E), a distance of 565.53
South 17 degrees 42 minutes 56 seconds East (S 17o42'56u E), a distance of {ZB.SG
South 40 degrees 03 minutes 42 seconds East (S 40"03'42n E), a distance of 175,51
South 32 degrees 40 minutes 06 seconds East (S 32o40'O6u E), a distance of 463.99
-{-
a
l|f,T:lttving
said right'of-rvay fence and following an existing fence the foltowing four (4)
r.",,1]
North 89 degrees 53 minutes 09 seconds East (N g9"53'09, E), u distance of gg2.l4
2l North 81 degrees 50 minutes 40 seconds East (N g1"50,40, E), a distance of 60.36feet;
3l North 01 degrees 30 minutes 12 secbnds East (N 0130,12* E), a distance of,72g.75feet; i---' -.vr \rr vr !'v Lr' D)' a I
- 4l North 01 degrees 43 minutes 3o-secJnds East (N 01o43'30u E), a distance of lll3.g7feet to a point on the Easterly line of Lot ?4-;f saii's-.9,ioo ri ,r,t*, North 0l degrees21 minutes 44 secon$.E*, 1it otzt'+1" EJ^ri;;;."ia r*r.rry line, a distance of 320.ggfeet; thenci North 47 degrees 43 minute, tiO ,..8nj, tlr, N 4i{rgiJE), o distance of590'67 feet to a point onlhe Northerly tir" oiti'zs or said Sectio n zs;thence south g9degrees 40 rninutes 00 seconds East (s'89'40'00;Ei *r, said Northerly line, a distance of2s.86 feet to a point in tbe cenrerrine.:f lh.: RF;;i Fork Rive;;-;;; folowing saidcenterline of said Roaring Fork River-tne rouo*int-"i.r"n (il) courses:1l south 17 degrees 43 minutes 0t seconds ir"i(s iz;,ii'tir; el, fdir,un." of 163.46feet; ' ar wL L')' a u
2l south 30 degrees 45 minutes 18 seconds East (S 30%5'1g, E), a distance of 163.2gfeet; \'
3l South 51 degrees 43 minutes 05 seconds East (s 51o43,05, E), " distance of.662.76feet;
4l South 44 degrees 35 minutes 57 seconds East (S 443s'57, E), a distance of 175.65fegt; !
r ''rJJ' tt)t<Lu
5] South 13 degrees 33 minutes 31 secoi:ds East]1s tr=a'sl,,.E), a distance of 255.65feet; --r\- -Y ev rL 'u)t a v)
6] south 34 degrees 02 minutes 4l seconds East (s 34e02,41, E), a distance of 3lg.l5feet; ----- \-
71 South 35 degrees 41 minutes 45 seconds East (s 35o41'4s, E), a distance of.zzs.lSfeet;
- 8l south 55 degrees 38 rninutes 18 seconds East (S 55o3g,1g, E), a distance of 196.47feet; u)' s vt
9] south 63 degrees 49 minutes 03 seconds.East (s 63"49'03', E), a distance of 3gg.19feet; ' \- ult t v,
10] South 57 degrees 5l minutes 22 seconds East (S sI"sl,z2n E), a distance of 44g.o2feet;
1l] South 47 degrees 11 minutes 3? secondr PTt (s 47.1 l,3T,E),a distance of 122.26feet to a point on the .NoT-h-.If f ine of rrrt l2said section 18; then6'Norttr g9 degrees 49minutes 40 seconds Y1u (N 89o49'40u w), u distance of 406.44 feet to the Northeast cornerof said Int 1l of said section 18; thencc south 00 degrees 00minutes 00seconds East(s 09$0100'E) along the Easterly line of said Lots l1 ani 14 of said section lg, a distanceof 1336'51 feet to the Southeast corner of said Lot 14; thence South g9 degrees 5g minutes06 seconds west (s 89'58'06" w), t distance of 672.5i feet to the south center l/16 corner
:l'"**:fl"l1tTi:l:1P.?,.ulM atuminum cap; thence south 00 degrees 36 minutes
:'r::,::::'^y;': g 9:^:u.:::-*1,"'::t^the Easterrv ir,. "i..i;;;ls ;rffi;:*#fioatu \rf,l,ll\rll I O,
:''a,.',,::::f-rllll1.,l.:,:ll::S.T:*h,^l?.9:gT:: |j mlnutes 05 seconds East (N 8eos5,0suE) along the South rine of the NtZNVzSwViSEt/a oisaid Section ffi,;dffi# ; iirtO
f::1,:_ri1-,:-T:1T: :f,,r.ig Roaring Fork River; ih.r." along said centertine of saidRoaring- Fork river the forowing ninetlen (te; .ou,..r,1l south 25 degrees 46 minutes sa seclial west 1i 2s"+o'sa,, w), a distance of.106.22feet;
2t South 07 degrees 48 minutes zo ,..o[,4, west (s 07"4g'26,, w), a distance of 2g9.g7feet;
i3] South 16 degrees 19 minutes 15 seconds East (S 16o19'1s, E), a distance of 1g6.g2feet;
4l South 60 degrees 24 minutes 25 seconds East (S 6024'zsu E), a distance of 205.10feet;
5] North 76'degrees 51 minutes 11 seconds East (N 76o51'll, E), a distance of 164.94feet;
6] North 81 degrees 47 minutes 36 seconds East (N 81o47'36u E), a distance of zg;.37feet;
- 7l North 78 degrees 29 minutes 03 seconds East (N 782g'03,E), a distance of Zgg.ggfeet; \- H" e v'
' 8] South 81 degrees 45 minutes 25 seconds East (S 8lo45'25, E), " distance of 314.4gfeet; -t' ' e\
9l South 6l degrees 08 minutes 27 secorids East (S 6lo08'27, E), a distance of 974.17feet; | )
- iol south 46 degrees 48 minutes 37 seconds eo.t [s 464g'g7, E), a distance of 2ll.62feet; -" a "'
lI] South 07 degrees 22 minutes 34 seconds East (S O72Z'34, E); a distance of ll3.l4
- 121 South 25 degrees 51 minutes 48 seconds East (S 25"s1'48, E), a distance of 225.75feet;
- 13] South 08 degrees 49 minutes 55 seconds East (S 08"49'5s, E), a distance of 269.9gfeet;
l4l South 31 degrees 27 minutes 28 seconds East (S 3127'28, E), a distance of Zsg.ggfeet; \ --
- 15J South 46 degrees 16 minutes 00 seconds East (S 46o16'00" E), a distance of 573.g6feet;
16] South 59 degrees 53 minutes 51 seconds East (S 59"53'sl', E), a distance of.2t9.7Zfeet;
^ l7l South 4l degrees 56 minutes 37 seconds East (S 4l's6'37n E), a distance of 3gg.06feet;
l8J South 2l degrees 26 minutes 41 seconds East (S 2126'41, E), . distance of.?g6.20feet;
a
19] South 08 degrees 56 minutes 52 seconds East (s 0g.56,s2,,E), a distance of gI.llfeet to a point on the North line of said Lot 3 of said Section zo; tr,-.i[ North gg degrees33 nrinutes 13 seconds welt (ry -88"33'13" w) .bil;;liNorth line, a distance of 3g5.14 feetto the northwest corner of said r,ot 3; thence souih 00 degrees 0l minutes 46 seconds west(s 00tl'-46".w) along the wesl line of said Lot g, u Jirtor. e of 4zs.l6feet to the Southwestcorner of said hl,3^ry:tl:9 bf a BlM.aluminum.cap; thence Nortrr al J.gr.", 5g minutes19 seconds East (N 89"58'19'E;
"tong the South linJof said Lot 3 "na "iorg the Norrh lineof said L't 8 of said section 20,'a distince of 697.48 feet to the Southeast corner of said lot3 marked by a BL,M aluminurn cap; thence North 00 degrees 04 minutes 00 seconds West(N 00t4'00:Y) along the East linl of said L,ot 3, a JiJrn.. of.407.2lfeet to the northeastcorner of said l-ot 3; thence North OO.degrees o+ minutes 00 seconds West(N 00t4,00, w)along the west line of said Lot 4, said.Secti"l zO " aistance of 151.69 ieet to a point onthe south line of a parcel of land described in Book iti utpage 160 oiir,"-corfield countyclerk and Recorder's office; thence along said south line the following thirteen (13) courses:U North 84 degrees 49 minutes S41econas East 1N g+;+g5a;Ef'" airtrnce of 35.ggfeet;
2l North 85 degrebs 29 minutes 12 seconds East (N gs2g,lzu E), " distance of.47.40feet;
3] South 85 degrees 49 minutes 4l seconds East (S g5.49,41n E), a distance of 103.69feet;
4l south 88 degrees 22 minutes 30 seconds East (s 8gz2'30, E), a distance of gg.g3
feet;
- 5l North 80 degrees 42 minutes 21 seconds East (N 80%2'21n E), a distance of 29.94feet; H" s v
6] North 64 degrees 50 minutes 54 seconds East (N 64.s0'54', E), a distance of 99.5gfeet;
7l North 70 degrees 51 minutes 54 seconds East (N 20"51'54'' E), a disiance of.37.92feet;
- 8l South 84 degrees 32 minutes 22 seconds East (s B4.3z'zzn E),a distance of 37.12feet; -" '
- 9l South 59 degrees 18 minutes 15 seconds East 15 s9"t8'ls" E), a distance of 53.20feet;
10] South 40 degrees 58 minutes 58 seconds East (S 40"58'58" E), a distance of 62,.22feet;
11] South 28 degrees 48 minutes 44 seconds East (S 28"48'44,'E), a distance of.l53.Z9feet;
- 121 South 33 degrees 50 minutes 49 seconds East (S 33.50'49,,E), a distance of 10?.91feet;
13J North 63 degrees 05 minutes 5.4-second_s- East (N 63'05'54, E), a distance of Zgg.lgfeet to a point on the Southwesterly Right-of- Way of the Denver
"nd Rio Grande WesternRailroad; thence North 35 degrees 09 minutes 16 seconds West 1N *te;f6, *) along saiJright-of-way, a distance of 583.96 feet to a point on the West line of said NEI/4NW lt4 ofsaid Section 20; thence North 00 degrees 05 minutei 52 seconds East 1N OO;OS,S Z; n)ufo,go-7-
said West line, a distance of 1360.94 feet to the Northwest corner of said NEI/41.IW1/4nrarked by a BLM aJuliluqr cap; thence t:lt,87 degrees 45 minutes 35 seconds East (S
91"41'35. E) along the North line of said NE1/4NW174, a distance of 1325.g1 feet to theNorth 1/4 corner of said Section 20_ marked by a BLM atuminum ..pt irr.n." South 00degrees 12 minutes 30 seconds East (s 00;12'30' E) .ront tr,. tast line of saidNEl/4Nwll4, a distance of 1378.55 feet' io the Southeast corner of said'NEl/4I.IlVl/4rnarked by a BLM aluminum-cap; thence
^sbrtt,
g9 degrees 3g minutes 40';;;; iliii8-9'3-8-40': E) along the North lini of Lot 19 irf said Seiion zo, " Ji.iro"r Lt tsos.gg feet tothe Northeast corner of said Lot 19 fry!{ 9 a BLM aluminum cap;1h"o.. south 00degrees 05 minutes 56 seconds East (S 00"05'56' f) along the East line of said L,ot 19, adistance of 1289.48 feet to the southiast corner of said fti ig-b.in;;lr; a point on thenorth line of l'ot 20 of said Section 2O^marked_by a BLM .lrmiorm ?"p, ir,";* South gg
degrees 36 minutes 52 seconds East (S 8836'5i' e) along r"ia Nortt-iinu, a distance of1304.01 feet to the East 1/4 corner oi said Section 2o ,.it.a by a BLM atuminum cap;thence South 01 degrees 23 minutes 50 seconds East (S 0lZ3'50;'Ei;;il the East line ofsaid Lot 20, a distance of 1320.18 feet to the Southe".t "o-", of said lniZn.."rt"a Uy "BLM aluminum cap; thence North 89 degrees 35 minutes 53 seconds West (N g935'S3, iv)
al9!S- the South line of said Lnt 20, a dislance of 684.04 feet to a point on ihe E.st line ofsaid Lot 16 of said Section 20 mark.{ by " BLM aluminum cap; thence South 01 degrees30 minutes 51 secoads West (S 0l'30'5f i W) along said East line of s"ia I-oii6, . ai.i.r*of 1262.19 feet to the Southeast cornet of said mt f O being also the northeast corner of Lot
2 of said Section 2?,^T3lt:9 by a BLM aluminum cap; thince South 0l degrees 2l minutes57 seconds West (S q1"l:5]" W) along the Efst line of said lot 2, a distanl'of 917.83 feetto said centerline of said Roaring foik Riverr; thenc( atong said'centerfi"" it " f.ii"*irjtwenty (20) courses:
- U North 44 degrees 00 minutes 00 seconds West (N 44'00'00, W), a distance of.27Z.U2feet;
2l
feet;
3l
feet;
41
feet;
sI
feet;
6l
feet;
\
feeU
8l
feet;
el
feet;
North 57 degrees 00 minutes 00 seconds West (N 57.00'00" W), a distance of 238.00
North 84 degrees 00 minutes 00 seconds West (N 84'00'00'W), a distance of 240.00
South 72 degrees 00 minutes 00 seconds West (S 72tO'00'\[), a distance of.277.@
South 56 degrees 00 minutes 00 seconds West (S 56q00'00" W), a distance of 290.00
South 39 degrees 00 rninutes 00 seconds West (S 39.00'00" W), a distance of 300.00
South 3l degrees 00 minutes 00 seconds West (S 31T0'00n W), a distance of 352.00
South 50 degrees 00 minutes 00 seconds West (S 50t0'00, W), a distance of,220.00
South 70 degrees 00 minutes 00 seconds West (S 70"00'0On W),a distance ot}97.N
.E-
101
feet;
1U
feet;
tzl
feet;
13J
feet;
14I
feet;
lsI
feet;
161
feet;
t7l
feet;
181
feet;
lel
feet;
North 48 degrees 00 minutes 00 seconds west (N 4g.00'00,, w)r a distance of 375.00
North 24 degrees 00 minutes 00 seconds west (N 24"00,00, w), a distance of 26g.00
North I 1 degrees 00 minutes 00 seconds west (N 11t0'00,t w), a distance of 26g"00
North 17 degrees 00 minutes 00 seconds west (N 17T0,00, w), a distance of 23g.00
North 48 degrees 00 minutes 00 seconds west (N 4gt0'00, w), a distance of 547.00
North 31 degrees 00 minutes 00 seconds west (N 31"00,00, w), a distance of 203.0Q
North 60 degrees 00 minutes 00 seconds west (N 60"00'00,, w), a distance ofZZ4.N
North 65 degrees 30 minutes 00 seconds west (N 65.30'00, !v), a distance of.220.00
North 69 degrees 00 minutes 00 seconds West (N 69"00,00, w), a distance of 350.00
North 59'degrees 30 minutes 00 seconds west (N 5930'00, *), a distance of 316.00
O
201 North}T degrees 00 minutes 00 seconds Y.!t (N 27"00,00u !v), a distance of 331.00feet to a point on the North line of L.ot 14 of said seciion 20; thencJ North g9 degrees 15minutes 57 seconds west (N 89'15'57 w) along said North line, a distance of 440.69 feetto the southwest corner of said L,ot 13 or saia' Section 20; iil; ffi; 00 degrees 01minutes 25 seconds-w:.1-(s 00t1'25' w) along the west line of said Lot 14, a distance of59'78 feet; thence North3-2 dggl!.! 31 minutesfo seconds w;;i6i 3hroo" w1, a distanceof 1283'00 feet; thence North 47 degrees 20 minutes 00 seconds West (N 4720'0On W), adistance of 1561'80 feet; thence Nortn 81 degrees 57 minutes 00 seconds West (N g1"57,00,w)' I distance of 1659.05 feet to a point on tie East tine of ;ir;i;"if d."tiou 24; thenceNorth 78 degrees 07 minutes 04 seionds west (N 78"07'04, w), " ai.troo of 1354.65 feet!t a po!n!on the west line of said lot 2; thence North' 00 dejieerrr;i;r;;# ;;;;J
!ast.(N 0027'55" E)-along said west line of said lrat z, a di"stance oisir.gz feet to theSoutheast corner of l-ot 14 of said Section 13; thence 3orttr gt id; 06 minutes 22seconds wgst (S 89S6'27'-w) {_org the South line of said Lot 14, a dijance of 1335.6g feetto the South 1/4 Corner of said Section 13; thence North 00 degrees sz -i"rt"s 56 seconds!"tl 0 00o52'56n E) along the North-South Centerline of sald Section rf " Jirt.r*'"t5332'05 feet to the. point
-of
beginninSl Elcllting therefrom the coloradb Highway g2
Right-of-way and the Garfield county Ro-ad 109 nigtt-of-way. E;ilidfrom i-he
"bouedescribed parcel aJ11se-a-nd gre_eylnt for the saie and puich"r" o? gi?*i1g;il;i;Reception No' 305982 of the Garfield C_ounty clerk and Recorder's offiL being describedas follows: A parcel of land situated i1-Lots 1,2,5,6,7,11and 12 of Section 13, iownship 7South, Range 89 west and in [,ots 4,9,10,11,14,15,16, and 17 and in the swl/4sEl 14 of.Section 18, Township 7 South, Range 88 West of the Sixth princip"i M"rioian, County of
t
Garfield, State of Colorado, said parcet being more particularly described as foltows:
Beginning at a point b:ing the Southeast corner otf.tleiSprings SuUdivision as filed in the
Recsrds of the Garfield County Clerk and Recorder whence tie North 1/4 Corner of said
Section 13 bears N 4321'15" 'W, a distance of.2540.?i feet; thence North 0l degrees 30minutes 12 seconds East (N 01"30'17'E), along said Teller Springs Subdivision b"oundary
a distance of.729.75 feet; thence North 01 degrels 43 minutes 30 se-conds East (N Olo43'30'i'
E-), along said Teller Springs Subdivision boundary a distance of. lll3.97 feet to the
Northwest corner of [,ot 1, said Sec.tion 13; thence liaving said Teller Springs Subdivision
boundary South 89 degrees 52 minutes 09 seconds East (S E9"52'09u E), aiong-the Northertyline of said Lot 1, a distance of 103.76 -feet to a point'beings.0 feet'Southi"rtJy of tnlRobertson Ditch; -the199 along a line- being 5.0 feet Southwesterly and parallel'to said
Robertson Ditch the following Thirty-four (34) cources:
U South 32 degrees 39 minutes 14 secondi East (S 323y14, E), a distance of.l162l
feet;
- 2l South 46 degrees 44 nrinutes 01 seconds East (S 46o44'0ln E), a distance of 101.92
feet;
3] South 58 degrees 33 minutes 08 seconds East (S 58"33'08' E), a distance of lO3.3Z
feet;
1]S-*t! 5-8_degrees 00 minutes 02 seconds East (S 58t0'02n E), a distance of 64.81 feet;
- 5l South 67 degrees 42 minutes 09 seconds rasi 1s 67.42'Og'i'E), a distance of 113.94
feet;
6] South 56 degrees 02 minutes 54 seconds East (S 56\2'54" E), a distance of 86.09 feet;
7J South 48 degrees 44 minutes 16 seconds fast (S 48o44'16n E), a distance of 94.31 feet;
8] South 54 degrees 12 minutes 24 seconds East (S 54lZ'Z4n E), a distance of 91.37 feet;
f-l _Soultt -65
degrees 43 minutes 26 seconds.east (S 6s"43'26" E), a distance of 93.55 feet;
10] South 59 degrees 30 minutes 17 seconds East (S 59o30'l7n Ej, a distance of 68.30 feet;
11] South 57 degrees 18 minutes 29 seconds East (S 57"18'zgn E), a distance of 62.81 feet;
12]South 58 degrees 15 minutes 43 seconds East (S 58'15'43'E), a distance of 56.28 feet;
13J South 69 degrees 19 minutes 37 seconds East (S 6golg'37u E), a distance of 71.02 feet;
14] South 63 degrees 33 minutes 32 seconds East (S 6333'32u E), a distance of 80.52 feet;
l5lSouth 52 degrees 49 minutes 53 seconds fast (S 5249'sgn E), a distance of 56.67 feet;
f !l loutlt 52 degrees 18 minutes 07 seconds East (S s2"l8'OZ" E), a distance of 96.50 feet;
17] South 51 degrees 46 minutes 39 seconds East $ 51o46'39'Ej, a distance of 131.35 feet
18J South 50 degrees 09 minutes 46 seconds East (S 50t9'46'E), a distance of 64.52feet;
l?l South 67 degrees 05 minutes 38 seconds East (S 67"05'38' E), a distance of 73.67 feet;
20] South 66 degrees 35 minutes 27 seconds East (S 66"35'27'E), a distance of 54.01 feet;
21] South 58 degrees 42 minutes 41 seconds East (S 58o42'4ln E), a distance of 86.11 feet;
22] South 69 d_egrees 18 minutes 14 seconds East (S 69o18'14'E), a distance of '16.28 feet;
23] South 74 degrees 03 minutes 06 seconds East (S 74'03'06' E), adistance of 68.83 feet;
24J South 52 degrees 2l minutes 15 seconds East (S 5221'15'Ej, a distance of 35.90 feet;
111 l*t! 49_ degrees 04 minutes 22 seconds East (S 49\4'22n E), a distance of 61.97 feet;
_ 261South 4l degrees 07 minutes 16 seconds East (S 41"07'16i E), a distance of 105.82
feet;
-10-
,"::l south 33 degrees 43 minutes 47 seconds East (s 33.43,47,, E), a distance of 107.g6
281 South 3l degrees 39 minutes 54 seconds East (S 3J?:?4'l E), a distance of 7g.g l feet;291 South 44 degrees 00 minuter ffi:;;;;, erJirs 44.00,03, E), a distance of ,3.96feet; gqor \
301 south 52 degrees 24 minutes 20 seconds East (s s.??!,.?o-::.E), a distance of g6.50 feet;311 South 35 degrees 4r minutes 3s,.;;;g; E;;;i; i*t.ll E), a distance of 43.48 feet;321south 18 degrees 54 minutes "5 secon[s il i; rj"j{I'lE), a distance of 62.55 feet;331 south 26 degrees 48 minutes 20 secffirrJiri 26o4g,20, E), " distance of 139.55feet; --:- \r 4'v "o 4v D), a G
34] South 23 degrees 50 minutes 33 seconds East (s 23o50,33u E), a distance of 101.77 feetto a point on the Easterry line of sa!! tot ii;i;"i; -c_ection
18;'ih";.. south 00 degrees00 minutes 00 seconds E-ast 1s ooooo'oo;i),-.1;ilH;asterly line of said Lot 11 and saidLot 14 of said section 18a distance of 622.i7 r.i to , point being 5.0 feet westerly of thehigh water line of the westerly bank ojt{re \"-.";g-F;i Rir.r; tnEn"" i.*ing said Lot linethe following five c:u.rse: algng a line b.eing5 f;iirlri.rry of and parallel to the high water.line of rhe westerry bank of tf,e Roaring Fort iir"i"'1l South 52 degrees 11 minutes 09 seco"nds w;;iis 5 zon,ogn w), a distance of 3r.96 feet;thence
,#nllu'n
55 degrees 0g minutes 57 seconds west (s 55o0g,57,, w), a distance of 79.59 feet;
3] south 59 degrees 32 minutes 47 seconds west (s sgo32'47u w), a distance of s4.32 feet;thence r. r- a t ft ), cL urslal
4] South 36 degrees 29 minutes 50 seconds fest (S 392g5ou w), a distance of 11.g5 feet;thence
5] along a curve
'o^'].
left havils a radius of 1033.63 feet, arc tength of 3g9.56 feet, deltaangle of 21 degrees 35 minutes 3gieconds (!'alS sry; a chord bearing of South 49 degrees22 minutes 20 seconds west (s 4s21n,o::r1; ;;J; '*r! tengtn oi5siia rc"tto a pointon the Northerlv line of ttre Swt/+sEl/4 of ;"iJs..iii,i ra, ih"o"" sortr, 89 degrees 5gminutes 06 seconds west (S 89"58'06')0, tqrir"ia r.l"iterly tine a distance of.z34.lg feetto the Northwest corner of said swtl+srtli; tr"r*'s"rii, cJg- G;;;; 36 minutes 33
ffi#iJ::L$"',i"i::ii:ilrifl
fr :;H"xfi.Jlitl; jiril":xil-:'^yj"ltf T:tr#55 minutes 05 seconds. East (N jl:s:'of iil-iioog the southerry rine of saidN1/2N12swl/4sE1/4 a distance "t sg.7t r"3i to7 p;i* ;t irt is 5.0 feet westerly of thehigh water tine of the westerry bank o{ th: no"riog'no* mr*, ii";;;iorg a line being5'0 feet westerly of and Parallel to the high water lir; ;-f-th. \iffi;1fi;k of the RoaringFork River along a curye to the left havi'ng " r"aiur-ot 1033.63 feet, arc length of. z9z.6sfeet, delta angle of 16 degrees 13 minul:
ir^^r-"^..91J, frt.re,r9,,), a chord bearing of South09 degrees 19 minutes Soseconds west (s,09"19'50: ,ii;and a chord length of.z9l.67 feet;thence leaving said 5.0 foot ofbet line. 'Norrh 8s aegiees 23 minutes 42-seconds west (N8923'42.-w), a distance of 15.53 feet to.a point o, tli. Easterly line ofsaia r-o, 17 of saidSectionlS; thence South 00 degrees 36 minutes tg s..onir west (S 00.36,19,,w), along said
-ll-
Easterly line a distance of 716.59 feet to the Southeast corner of said L,ot tz; thence South89 degrees 46 minutes 00 seconds west (S 89"46'00'W), along the Southerly line of said lot17 a distance of T9.1.1 !e^et; to apo!1t or the Easterly higrtior-way of Cobrado MidlandRailroad; thence T:.t 30-degrees 32 minutes 18 secondsfu..t 1N io"gz,1g w1, atong saiJEasterly-Right-of-Way a distince of 1822.07 feet; thence North 30 degrees 27 minutes 02seconds west (N 3027'02" Y)flgrg said Right;o!;way a distance or zEg.zs feet to a poinion the Southerly line of said-TelleiSpringp-subdivision; thence North gl degrees 50minutes 40 seconds. East (N 8-1"50'49''r), ilong said Southerly line a distance of 5.57 feetto the point of beginning; and containing tlo.itz acres;;*;;il - -"
9{:ld-Grng Road #109 Right-of-way
A 60.00 foot wide-parcel of land situated in l-ot23 of S'ection 12, Lots 3,4,5,g,10,12,13, and16 of Section 13, Lot 1 of Section 24, all_in Township z soutt,-ilani" ag'West, and in [,ots8,9, and 17 of Section- 19, Township 7 Sourh, Ranje gg weit of fie 6th p.M., coung ofGarfield, State of Coloradgt.tld parcel being r-or. particularly described as follows:
-C-om-m91ci18 at the North 1/4 Corner of said Section 13, an axle found jn,place, thenceNorth 00 degrees 11 minutes 14 seconds West (N 00.11;14, \t/), ulorf the Nonh-SouthCenterline of said Section 12, a distance or ,isg.oz feet to ; ;"i;; on the Easterlylfhl-ttyfI fence of Garfietd counU lq4 No. 109, marked by a'rebar and cap markedL'S' 19598 found in place, the TRUE pOnrf OF BEGINNING, thence along the EasterlyRight-of-Way line of said Garfield County Road No 109 the' foll,owio! tfilrty-tw o 11i,1
-. fiti::,1 f 9-. r.,:r. 28 minuter^ll ,F.gnds East (S 1328,04, E); atong saidRig]1t-9flW-ay fence a distance of 553.gg feet; thence i
- 2l South 09 degrees 05 minutes 41 seconds bast (S 09t5'41, E), along saidRight-of-way fence a distance of 565.53 feet; thence 3J stuth tia"lr""s 42 minutes 56seconds East (S 17o42'56nE),along said Right-of-Way fencl a distance oi:,/l.safeet; thence- 4l South 40 degrees 03 minutis 42seco-nds East (3 4oo3'4z r), .root r"iJnigrrtJ;i:\il;y
fenc.e a distance of l75.5l feet; ihence -" -'----o---'
- 5] Sor11h 32 degrees 40 minutes 06 seconds East (S 32o40'06, E), along said Right-of-Wayfence a distance of 463.99 feet; thence
6] South 32 degrees 40 minutes 06 seconds East (S 3240'06 E), a distance of 25.66 feet;thence \
- 7] South 20 degrees 26 minutes 02 seconds East (S 2026'02" E), " distance of 562.19feet; thence
8] along a curve
19 th: left having a radius of.5287.84 feet, arc length of 542.18 feet, delta
9gl" of 5 degrees 52 minutes 29 secon_ds (5'52 29'), a choid Ueari"ng oiiouth 23 degrees
22 minfies 16 seconds East (S 232/'16' E), and a chord length of. S'41.g4 feet thence
- 9] South 26 degrees 18 minutes 31 seconds East (S 26ol8;3ln E), a distance of g54.10
feet; thence
10J along a curve to the right having a radius of 730.33 feet, arc length of.2l;1.77 feet,delta angle of 19 degrees 45 minutes 26 seconds (19%5'06"), a chord Uiaring of South ld
-t2-
degrees 25 minutes 57 seconds East (S 1625'57' E), and a chord tength of 250.53 feet;thence - - --o-
-
11] South 06 degrees 33 minutes 24 seconds East (S 06o33'24' E), a distance of 156.75 feet;thence
12] along a curve toJhe.left haylng a radius of 1635.67 feet, arc length of 545.79 feet, deltaangle of 19 degrees 07 minutes 06 seconds (19'07'06"), a cbord beari"ng oi South 16 degrees06 minutes 57 seconds East. (S 16"06'57' Ii), ga a ciord tength "{
' -i+g2fil, ,h:;;
- 13] South 20 degrees 41 minutes 20 seconds East (S 20"41'ZOZ il, . at,.nce of 11.95 feet;thence
^ 14]South 29 degrees 02 minutes 45 seconds East (S z9f2'45,, E), a distance of 367.4gfeet; thence " -: -'
- l5lSouth 29 degrees 19 minutes 46 seconds East (S 29"19'46" E), a distance of 501.69feet; thence
- 16] South 32 degrees 15 minutes 50 seconds East (S 3275'5ou E), a distance of 3g.7g feet;thence
- 17) South 34 degrees 46 minutes 46 seconds East (S 34.46'46" E), a distance of 649.59feet; thence
- 18] South 46 degrees 01 minutes 35 seconds East (S 46Tl'35'E), a distance of 3g.04 feet;thence
191 South 57 degrees 35 minutes 29 seconds East (S 5735'29n E), a distance of 479.9gfeet; thence
z9lSouth 57 degrees 36 minutes 01 seconds East (S 57"36'01,' E), a distance of 517.g0feet; thence
- 2ll South 77 degrees 49 minutes 23 seconds East (S 77,.49'23, E), a distance of.107.47
feet; thence
- 221South 78 degrees 59 minutes 34 seconds East (S 78'59'34' E), a distance of.402.07
feet; thence
23] along 1!Yt"e to the left having a radius of 1001.79 feet, arc length of.207.99 feet,
delta angle of 11 degrees 53 minutes 43_ seconds (11o53'43"), a chord blaring of South gi
degrees 56 minutes 26 seconds East (S 84"56'26n E), qnd i chord length oi 207.6l feet;
thence
- z4lNorth 89 degrees 06 minutes 43 seconds East (N 89t6'43" E), a distance of 181.02
feet; thencc
251 along a-cl|v: to the_right having a radius of 190.10 feet, arc length of 208.4{l feet,delta angie of 62 degrees 50 minutes 0_4 seconds (62"50'04'), a chord bJaring of South 59
degrees 28 minutes 15. seconds East (S 5928'15' E), and i chord length oi 198.19 feet;
thence
26]South 28 degrees 03 minutes 13 seconds East (S 28t3'13'E), a distance of.?59.67
feet; thence
2Tlalong a-9lrve to the left.having a radius of 1494.54 feet, arc length of 482.62 feet,
delta angle of 18 degrees 30 minutes 15 seconds (18"30'15"), a cbord bJaring of South 3i
d-egrees 18 minutes 21 seconds East (S 37"18'21' E), and a chord length oI 480.58 feet;
thence
-13-
a
,".?lf"tJJ:
46 degrees 33 minutes 28 seconds East (s 46"33,2g,, E), a distance of 453.89
29] along a cu,rv€ to the-right having a radius of,1024.62feet, arc length of 355.30 feet,delta angte of te degrees 52 -minutes
{: ::^.-"_ri;_iri:Iz;oid;ilil"#uring of South 36degrees 37 minutes 26 seconds East (s 36"3rr;'tt), and a chord length of 353.52 feet;thence -\-- ")'
t"#|f""Jll 26 degrees 4l minutes 23 seconds East (s z64t'23" E), a distance of t6t.9t
31J along a curve to the left having a radius of lg02.2.1feet, arc length of 27g.30 feet,detta angle of 8 degrees zz minutes il ^r^.^.-"-*- liif*,,'";;;l'i'j;ring of south 30
inr.Tfr
52 minutes 52 seconds East (s 3trsr'r'-;;'and a chord rength of 2Tg.06 feet;
32J South 35 degrees 04 rninutes 20 seconds E3st (s 35\4,20,E), a distance of 51g.24 feet
l3,,:lilt;lJi;)t;H|r1rtr line or the sievers p"'J"r; ir,";.filr"i,ilio,therry rine the
,..rll#;f 89 degrees 15 minutes 57 seconds west (N 89"15'57, \M), a distance of 6.66
,".,ilrrt# 00 degrees 01 minutes 25 seconds west (s 00'01'25,, w), a distance of 5g.7g
3]North 32 degrees 31 minutes 00 seconds west (N 3231,00n w), a distance of 12g3.00feet; thence ' ' Yvt \'
4] North 47 degrees 20 minutes 09 r::9.ra.--w".t (N 4720,00,,w), a disrance of 76r.gg
f;:Li: i,fi'i","J i};,xilill t3l:,; ,*: uit, ""r.
ddf ,; il;; il i a;;
1l along a curve to thi right having " ,afius oriSsa.s+ fee! arc length of 260.76 feetdelta angte of 9 degrees 36 rninutes l]t::::ro.-r_e1!i,s0,1, a chord bearing of North 32
lo"fl::r
51 minutes 33 seconds wesr (N 32.iia3')-wi; .nd'..n"ro r.rg,L of 260.45 feer;
2] North 28 degrees 03 minutes 13 seconds west (N 2g.03,13, w), a distance of.2s9.67feet; thence
,
3] along a curve to the teft having a radius of 130.10 feet, arc length of l42.6gfee! deltaangle of 62 degrees 50 minutes 05 sEconds (6r50'bi;i, a ctrora bearing of North 5g degrees28 minures 15 secondsJ..l (N 5928,15, \)1;"; j'.iora rength of 135.64 feet; thence4] South 89 degrees 06 minutes 43 secondt'w"rt (sbgTo;al? w1, i a-irrance of l77.szfeet to a point on said southerly line of the Sieven'parcel; thend'No,rti +l degrees 20minutes 00 seconds west (N 472'0'00'1il), ,long_r"id sorrrr"rly line a distance of.4l.3T feet;thence North 81 degrees 57 minutes oo r6.orJ."w.rt 6N ary1oo,,w), atong said SoutherlyIine a distance of 723'48 feet to a point on said westerly Right-of-way tine; thence alongsaid
-W-e_sterly I ine the folt-owing n ine tee" ifbi i", ;;r;''lJ North 57 degrees 36 minutes 0l seconds w"ri 1N 57T6,0r, w), a distance of,513.47feet; thence
,..,llrfff 57 degrees 35 minutes 29 seconds west (N 57"35'29' !v), a distance of 486.06
-14-
3] North 46 degrees 0l minutes 35 seconds West
feet; thence
(N 46tl'35'W), a distance of 50.02
-
- 4]-North 34 degrees 46 minutes 46 seconds West (N 3446'46u W), a distance of 656.g2feet; thence
- 5] North 32 degrees 15 minutes 50 seconds West (N 32.15'50, w), a distance of 41.64feet; thence r
6] North 29 d degrees 19 minutes 46 secpnds West (N 2g""1g'46u W), a distance of 503.37feet; thence I
- 7].North 29 degrees 02 minutes 45 ,""ohd, West (N 29.02'45n w), a distance of.37Z.0lfeet; thence , \
- 8] North 20 degrees 41 minutes 20 secJnds West (N 20'41'20,,w), a distance of 13.75feet; thence
9l along a curv-e to the right having a radius of 1695.67 feet, arc length of 563.17 feet,delta angle of .19 degrees 01 minuter 4_6_ :"-!91-9s (19"01'46"), a chord uEring of North 16
d-egrees 04 minutes L7 seconds West (N 16"04'17'i w) , uni'u chord i.rgth ;? jiOjri f*,;thence
10l North 06 degrees 33 minutes 24 seconds W"st (N 0683'24u !V), a dlstance of 156.25feet; thence ' '
11lalo18a curve 19th: left having a radius of 670.33 feet, arc length of 231.09 fee! deltaangle of 19 degrees 45 minutes 06
seconds (19"45'06'), a.cho:d bearing:l{qfl, 16 degrees 25 minutes 52 seconds West (Nl'625'57'W), and a chord length of.ZZ9.94 feet; thence
^ 121 North 26 degrees 18 minutes 31 secolds West (N 26"18'31, W), a distance of g54.10
feet; thence
I
13] along 1 :urve to th_e-right having a radius of Sb+Z.gC feet, arc length of 54g.33 feet,delta anqle of 5 degrees 52 minutes 2! lgconds (5o52'29"), a chord beiring of North 2j
degrees 22minfies 16 seconds West (N2322'16'W),
"od-u chord length Jf Sng.Og feet;thence
- 14] North 20 degrees 26 minutes 02 seconds West (N 2026'02" W), a distance of 555.76
feet; thence
- 151 North 32 degrees 40 minutes 06 seconds West (N 32"40'06" W), a distance of.479.34
feet; thence
16J North 40 degrees 03 minu tes 4}seconds We st (N 40S3'42u W), a distance oi tAS.+g
feet; thence
_ 17] North 17 degrees 42 minutes 56 seconds West (N 17'42'56u 1V), a distance of.744.93
feet; thence
lSlNorth 09 degrees 05 minutes 41 seconds West (N 09t5'41" W), a distance of.567.76
feet; thence
- lgJ North 13 degrees 28 minutes 04 seconds West (N 13'28'04u W), a distance of 297.39
feet to a poinJ on said North-South Centerline of said Section 12; thence North 00 degrees1l minutes 14 seconds West (N 00'11:14* W), a distance of 261.19 feet to the true poi-nt of
beginning.
-15-
Colorado Highway No. 82 Right-of-Way
A parcel of land situated in the NEl/4Nw1/4 and in lnts 5,6,7,10,11,16, and 20 of Section
20 and in lot 2 of Section 29, all in township 7 South, Range 8b West of the 6th p.M.,
goun$ of Garfield, State of Coloradg, slid parcel being ,Jr. particularly described aifollows: Beginning 1t " point on the Sout'herly Rightlof-Way'line of Color.do State
Highway No. 82 and its intersection with the weit lini of Said NEl/4Nw1/4 whence the
Northwest corner of said Section 20 bears North 47 degrees 24 minutes ll seconds West (Ny24']!"-W). I distance of 1785.35 feet; thence Norti 00 degrees 05 minutes 52 seconds
East (N 00'05'52'E), a distane'e of 42498 feet to a point on thJNortherly Right-of-Way lineof said Colorado State Highway No. 82; thence along said Northerly Right-6f-W"y line thefollowing eight (8) courses
1] South 35 degrees 21 minutes 30 seconds East (S 3521'30, E), a distance of, Z3l2.Zg
feet; thence
- 2] South 18 degrees 39 minutes 30 seconds East (S 18'39'30, E), a distance of 104.40
feet; thence
3] South 35 degrees 21 minutes 30 seconds East (S 3521'30, E), a distance of 1600.00
feet; thence
- 4] S-outh 52 degrees 03 minutes 30 seconds East (S 52t3'30' E), a distance of 104.40feet thence
- 5] South 35 degrees 21 minutes 30 seconds East (S 3521'30, E), a distance of 495.00
feet; thence
6] along.A-curve t9,the.left having a radius of 5730 feet, arc length of 435.91 feet, delta
1lgl" of 04 degrees 21 minutes 31 seconds (04?1'31'), a chord beaing of South 37 degrees
36 minutes 30 seconds East (S 37'36'30' E), and a ciiord length of +5S.gt feet; theni
7J South 39 degrees 51 minutes 30 seconds East (S 39'5150' E), a distance of 455.00
feet; thencc
8l South 52 degrees 59 rninutes 30 seconds East (S 52o59'30'E), a distance of 44.97 feet
!9 a po!n! o1 !!e East line of said L,ot 16; thence South 01 degrees 30 minutes 5l seconds
West (S 01'30'51" W), along said East line a distance of 94.50-feet to the Southeast comer
of said t-ot 16; thence_Soulh 0-1 dggr_ees 21 minutes 57 seconds West (S 0l?l,SZ,W), along
the East line of said lot 2 of saiisection 29 a distance of 462.O8fLetto a point on said
South-erly Right-of-Way line; thence along said Souiherly Right-of-*ay line the following
five (5) courses: :
- U Notth 35 degrees 09 m.inutes 16 seconds West (N 35T9'l6n W), distance of 3904.20
feet; thence
- 2lSouth 88 degrees 33 minutes 59 seconds East (S 88o33'59'E), u distance of,62.27 feet;
thence
- 3J North 35 degrees 09 minutes 16 seconds West (N 35e09'16' \[0, a distance of.652.?3
feet; thence
- 4]South 00 degrees 11 minutes 56 seconds East (S 00'11'56'E), a distance of.87.27 feet;
thence
- 5] North 35 degrees 09 minutes 16 seconds West (N 35'09'16'W), a distance of ll9l.l8
feet to the point of beginning.
-16
o
Also excepting from the above described propertyA parcel of land situated in Lot 1 and o oi section 13, Township 7 South, Range g9 westand in Lots 4,6, and 9 of Section r!, JoliJip-'i s"r,r,, Range gg west of the SixthPrincipal Meridian, county of Garfield, staie'of colorado, said parcel being moreparticularly described as foliows: Beginnin! .t. p"irt on the Easterly tine of the lease andagreement for the sale and purchasJol cr-av9!; i.;;;i whence the North ll4 cornerof said
3;ffi:lo,lii,ilr1*# $l;fflr; rrrogrs0;&;;;s 0e minutes z+ *c",d, w.;iiN
54 minut". 40 seconds B",ri-s-86ti!ilf;'l'lxllrrl'r.rffiti:,ff:;:*rl,:ir.;;
degrees 12 minutes 17 seconds East (N ts;1i;y1yili" iir,.r* of lt2.3g feet; thence North48 degrees 46 minutes 15 seconds riast 1N +s"+cii';e;, a distance of 165.45 feet; thencesouth 44 degrees 59 minutes 32 secondi East (S 44 is1l7, E), a distance of 246.06 feet;thence South 82 degrees 13 minutes ro se99no'l r*i1s az.i:i,io'Ei;;';istance of 210.g6feet; thence south 46 degrees 56 minutes s+ ,".ooJ, e*, (s 40"56;s4,, E), a distance of296'12 feet; thence south 37 degrees 16 minutes rr seconas East (s g7ol6,3l,E), a distanceof 360'84 feet; thence South 4i degrees 29 minutes 09 seconds'w*tis 442g,0g, w), adistance of 47 '14 feet to a point oniaid Easterry i,* "t r"ii;;; .ritigr..ment parcel;thgl.:_ atong_-said Easterty iine the foflowing ,"Jrri..Jiiil;;""r1"' "'
1l North 52 degrees 2i minutes 15 seconlr w.riiN iiti'ls,;q, a distance of 35.90feet; thence ' r2 'L tr tt )' a I
2J North 74 degrees 03 minutes 06 seconds west (N 74T3'06,, w), a distance of 6g.g3feet; thence
3l North 69 degrees 18 minutes 14 seconds west (N 69'18'lu, *), a distance of.l62gfeet; thence , _
4] North 58 degrees 42 minutes 41 seconds west (N ssuz'+l, !v), a distance of g6.llfeet; thence
5J North 66 degrees 35 minutes 27 seconds west (N 6685,27, w), d distance of 54.01feet; thence - " --- \..
6J North 67 degrees 05 minutes 38 seconds west (N 67t5'3gu w), a distance of,73.67'feet; thence
- 7] North 50 degrees 09 minutes 46 seconds west (N 50.09'46, w), a distance of 64.52feet; thence
8] North 51 degrees 46 minutes 39 seconds west (N 51.46,39, w), a distance of 131.35feet; thence --- \-' rv'i" s ur'
- 9] North 52 degrees 18 minutes 07 seconds west (N 52.1g,07n !v), a distance of 96.50feet; thence
10] North 52 degrees 49 minutes 53 seconds west (N 52"49'53, w), a distance of 56.67feet; thence - \--
- 1l] North 63 degrees 33 minutes 32 seconds west (N 63T3'32n w), a distance of g0.52feet; thence
- 12] North 69 degrees 19 minutes 37 seconds west (N 69.19,32,, w), a distance ol71.02feet; thence
-t7-
131 North 58 degrees
feet; thence
l4l North 57 degrees
feet; thence
151 Nonh 59 degrees
feet; thence
15 minutes 43 seconds west (N 58"15'43' w), . distance of 56.2g
18 minutes 29 seconds west (N s7'18'zg'w), a distance of 62.g1
30 minutes 17 seconds west (N 59"30'lz' w), a distance of 68.30
- 161 North 65 degrees 43 minutes 26 secorfds West (N 65"43'26' W), a distance of 93.55
feet; thence
I
17-]North 54 degrees 12 minutes 24 secondC West (N 54o12'24u W), a distance of 91.32 feetto the point of beginning; and containing s|417 acies more or less.
Excepting also the Denver and Rio Grande Western right-of-way being described as follows:
{-parcel of land situated in the NEI/4NNVU4 and in Lots S,6,i,l},ll]l6, and 20 ofsection
20 and in lot 2 of Section2g, all in Township 7 South, Range 88 West of the Sixth principal
Meridjan, CoulU of Garfield, State of Colorado, said -parcel being more particularly
described as follows:
Beginning at a point on the Norlherly Right-of-Way of the Denver and Rio Grande Western
Railroad at its intersection with the westerly line of said NEl/4l.Irvu4 whence the
Northwest corner of said Section 20 bears North'47 degrees 24 minutes ll seconds West (N
4724'11'W), a distance of 1785.35 feet; thence alonglaid Right-of-Way the following five
(5) courses:
1l South 35 degrees 09 minutes 16 seconds East (S 35'09'16' E), a distance of ll9l.l8feet thence
i
- 2l North 00 degrees 11 minutes 56 .."onds West (N 00"ll'56' W), a distance of 87.27
feet; thence
3] 4South 35 degrees 09 minut es 16 seconds East (S 35T9'16' E), a distance of 652.28
feet; thence
- 4] North 88 degrees 33 minutes 59 seconds West (N 88"33'59' W), " distance of. G2.27
feet; thence
5l South 35 degrees 09 minutes 16 seconds East (S 35'09'16n E), a distance of 390 4.20leet
!o a pojnt on the Easterly line of l.ot2 of said Section 20; thence along said Easterly line
South 01 degrees 21 minutes 57 seconds West (S 0121'57' W), a distanie of 168.04 fiet to
a point of intersection of the Southerly Righroi-Way line of saia Denver And Rio Grande
Western Railroad 1nd s{d Easterly line of I'otz; thencc along said Southerly Right-of-Way
Iine the following five (5) cources:
- 1] North 35 degrees 09 minutes 16 seconds West (N 35"09'16' W), a distance of 4113.48
feet; thence
- 2] North 88 degrees 33 minutes 59 seconds West (N 88'33'59' W), a distance of.62.27
feet; thence
- 3J North 35 degrees 09 minutes 16 seconds West (N 35t9'16'W), a distance of,217.72
feet thence
4] North 00 degrees 11 minutes 56 seconds West (N O0oll'56u W), a distance ot87.27
feet; thence
-lE-
5] North 35 degrees 09 minutes 16 secoLd:-Y-.:t (N 35"09,16u w), a distance of ll9z.7sfeet to a point on.:o,^g^yesterly line of said NEI/4f.ffUVA of _section 20; thence along saidwesterly line North 00 degrees 05 minutes sz se.ona, plt (N 00"05,5 2,, E),a distance of173'26 feet; to the point oi beginning; and containin! 8.937 acres more or ress.
The Board of Directors sharr take "q9h.s.teps.and proceedingsas the needs of the Aspen e r." w.E;;';";l;ti"-riiilili". require.
within thl.ty- (30) days after the date hereof, the Districtshall transmit to ttri c6"nii clerkirra-i."order of ea'rrierd county,col0rado, to the oivision tr r,".ii-e";;iiirii,";;'e the countyAssessor of Garfierd county, certified--copies of this order andDecree, . together with ttre fidso-ruti-on--& app.oval of the Board ofi:::tl. commissioners or - carti;rd a;;y which is incorporated
Done in open Court this ,*il day of May, Lgg4.
o
* 3S-'3S:J'""%9333"
-19-
}il'H,1 r,tr o*B;chl![#;].lEF, 8,.o 458796
cquNTY CLERK sor*0891r,r,620
STATE OF COLORADO
,1
County of Garflreld
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At a speclar' meeting of the Board of county cornrnissioners for Garfield c.o,nty,colorado' held in the commissioners' Meeting Room, Garfield county courthouse, in Glenwoodsprings on uon,aqv , the 3lst of - Januaiy A.D. 19 94 , there were present:
Arno1d L. Idackle Commissioner Chairman
, CommisionerMarian I. Snlth Comrnissioaer
County Attorney
Clerk of the Board
County Adninistrator
Don DeFord
Mlldred Alsdorf
Chgck Deschenes
when the following proceedings, among others were.had and done, to-wi[
RESOLLIION NO. e4_oo8
A RESOLIJTION APPROVING IIE SERVTCE PLAN AND THE FORMATToN oF THEASPEN GLEN WATER A}ID SAI\TTATION DISTRICT
wHERE'&s' pursuart to the provisions of Titte 32, Article l, part 2, c.R.s. as amende4 theBoard of county co-r"isioners of Garfield county, colorado, r,.ra r'prutic hearing on theservicePlan of the proposed Aspen cr.o wuio;i;;;" District on the r r th day ofJaauary, 1994; and
WHEREAS' Notice of the Yt*ing was duly published in the Gtenwood posr and the RiIIeTelegram; Dewspapers of general circulatlon *i,uin-,r,. county,;; ;o.rber 21, December 22,December 28' December 29, 1993 and January I aoJ ranuary 5, ig9q, * required by raw, aod Noticewas forwarded to the Pedtioners and to the gor.*ing b"dy;;;;;i rl"i.ioarity and speiar districtwhich has levied an adyalorem tax withia rh.-".*r ;;;il;;;##1,*"ro oas bbundaries within
]
radius of three mites oi-;-.;posed Distri.t; .od*o'gta"ryearand
0r"."",I1:[:fJl"Joard has considered the Service Ptau and alr other r,estimony aod evidence
*"difii}ilEREAs'
it appears that the service Ptan should be approved withour cond"ilion or
WHERET{S, although the service plan includes a sgrvice area and expanded.service area, the;:1;,H:?::;ffi f.:,*y,::H:,1+T1t;il;;ff :;_" j,indicatesapprova,fordensities of any tand. usg ,orring o, .uuairi.ioo purporotilr"il'.T.]H;::#
WHEREAS' ttre boundaries of the proposed special district rie entirery withi! Garlield corurty.
:.f" ,.
EXHIBIT B
Br,or0891*.'r62l
o
Now' TI{EREFoRE' BE rr RESoLVED by the Board of county Commisioners of Car{ieldCounty-€otorado: vvs'!., w
Section-l. That the Board of County Comrnissioners of Garfield County, Colorado, doeshereby determine that all of the requirem.ot, ofritlJi, arrirre I , part 2, c.n.s., as amended, relatingto the filing of a service Plan for the proposed Aspen GIeu water & sanitation District have beeufulfrlled and that Notice of the Heariog was given in the time and manner required by law.
seqtion 2' That the Board of county commissioners of Garfield county, colorado, doeshereby find and determine thaf v' vsrttv^r \'
(a) There is sullicient existing and projected need for organized service in the area tobe served by the proposed District;-
(b) Theexisting service in the area to be served by the proposed District is not adequatefor present and projected needs;
(c) TheproposedspecialDistrictiscapabteofprovirringeconomicandsuflicie,tservice
to the area within its proposed boundaries;
(d) The area to be included in the proposed District has and wilt have tbe linancialability to discharge the proposed iniebiedness oo a reasonable basis;
(e) Adequate service is not, and will not be available to the area through the county ofother exiting municipat or quasi-municipal corporations, inctuding existing specialdistricts, within a reasonabre time or oD ..orpur.bre basis;
(f) Thefacility and service,staldaris-of the proposed District arecompatible wirh thefacility and service standards g{.u:h couoty"*ithin which the proposed special districtis to be located and each municipality whici is an iuterested party under Section 32-l-20ae); ' r
(d fte proposal is in substantial compliance with a rnaster pta.u adopted pursuant toSection 30-29_106, C.R.S.;
(h) rue proposal is in compliance with-any duly adopted county, regional, or staterong-range wa*r quality maaagement pran-for the area;
(i) The creation of the proposed special district wiu be in the best interest of tbe areaproposed to be served
section 1' That the service Plan of &e proposed eryo GIen wa,.r & saniradoo Disrrictfr[,;*f,;,H:i,i,T:ii..mT.*",;, ";;;; ." .*0,,. o ",J i i, r,,"uy approved
sqction 4' That a certilied gopy of this Resolution *j{ro
T e. records of Garfierd county
effi:*tted to the Petitionens for th" pu.por" oi-rrin, ;;"'il,i,
"or.
or Garrierd
C
Booi{0891 ?A,$ZZ
Dated tbis Jdau* 4"-l,rr^- T ,A.D. sty'_.
GARFIELD COUNTY
COMM ISSIONERS,
COUNTY, COLORADO
BOARD OF
GARFIELD
Upon motion duly made and seconded the
Elurer (Buckey) Arbaney
Chairman
foregoing Resol u tio n was adopted by the followiug
, AyeArngld L. Map\lgv
, Aye, . ,Aye
ffl?;L:f:::l":-"I.': creri of the Board of counryQ6rnrnicsionerq.in and for the Counfy and State
"forar"'*
s'\-urtruro ulerk ot thE Board of County
foregoing nooiuti* t;;Illl';^- rr.- D ^^^-r-
id' dohereby certi$ that the annexed aadforegoiug Resolution is rr1rly cofied from the nooro.i't"
se lrereDy certuy tbat the annexed aad
Comrqissione6 for said Garfield Countv- now in -,, ^,*':Oe
Procoeding of the Board of Countyr'tfComrqissionem for said Garfield County, now in my ofllce.
!u, cr."ilf ffi;ffit-t9}i :?"
t"'*:"t my haod^a* iy.o rhe sear or said county,
A.D. l9_.
county clerk and ex-ofr-rcio cterk of the Board of county com-iqslessrs
STATE OF COLORADO
Couuty of Garheld
,r,
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DISTRICT COURT, GARFIELD COUNTY, STATE OF C
Case No.94 CV 29 .JUt. L 3 ig98
DISTRICT
This matter came before the Court on Aspen Glen Water and Sanitation District's
"Petition for Name Change". The Court being fully informed and advised in the premises,
HEREBY ORDERS that the Aspen Glen Water and Sanitation District's name is
changed and will be hereinafter known as the "Roaring Fork Water & Sanitation District".
DoNE this&^v ot - 4*rrt:
CERTIFICATE OF nd.tULINc
I certiJV that a coov of
Foregoinf wers maildd to all
Counsel of
Le qt
ORDER GRANTING PETITION FOR NAME CHANGE,
tn Re:THE ORGANIZATION OF rnr nSleEN GLEN WATER & SANTTATION
COMBINED COUFTOF GARFIELO COUNTYGLEIJWOODSPBINGS, OOLomoo "This lQ*"" day of
EXHIBIT C
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-aErot c,:G'r..o:Ga o
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DISTRICT couRT. cr\RFTELD coLiNTy. srATE oF coLoR.\D()
Case No. 94CV29
ORDER OF INCLUSION OF REAL PROPERTY
In Re: THE ORGANIZATION oF THE ROARINC FoRK wATER & sANrrATroN DISTRIcT(formerly known as the Aspen Gren warer & Sanitation oiltri.tl
This maner having come before the court upon the Petition for order of Inclusion of Realproperty submined by the Roaring Fork wate. a s"nitution Districr, and the court, havingconsidered said Petition and the ordlr for Inclusion entereJ by rr," io"ri;iD;.;"* ofthe RoaringFork water & sanitation District submitted ,r,.r.*i,rr, ."i u.ing othenvise fulty advised in thepremises:
IT IS HEREBY ORDERED:
l ' That the following described.real property be, and the same hereby is, included withinthe Roaring Fork Water & Sanitition District:
A PARCEL OF I.AND SITUATE IN LOTS I1.lIP.13. SECNON 2E AND tN LOTSr.2.8.e.r0.'.r2-13 1Iq re. sEqnoN ze._+_l lr rowNsHip 7 sourr{. RANGE 88 wEsroF rHE slxrl{ PRINCIPAL MERIDIANI T-qyry qi6"iiTer-o. srArE oF coLoMDo. BErNGMORE PARTICUI.ARLY DESCRIBED AS FOLLOWS:coMMENcING Ar A F.UND B'LM' ALU]lttuMtAp IN pI-AcE FoR T'IE EAsr r/4 coRNER FoRSECNON 29. WHENC-EA FOUND BRAii CAP LS. ;i4 iN ;LCS FOR ,,E NORTHEASTCORNER FOR SAID SECTION 29 BEARS N g-O_giCNEEi ii.'Si' E A DISTANCE OF 26N.86FEET' wrm AIr BEARINcs coxrnir'r-ro nrnHvsElf6 iqponve THERET9: THENqE N ooDE.REES 27'. 5t'E AroNG mE EASi Une_olsnrplttoN 2e A DTSTANCE OF ts4.nFEET TO THE TRUE POI}IT OF BEGINNING.'^9I,'EilHiI O"C*'BED HEREIN: THENCEALoNG rHE NoRrI{' EAsr nNo sorrmrnr-v-idufiI;;Ribr o pARcEL oF rrq,ND DEScRTBED AsIN BooK elE Ar PAGE 366 ro 367 oiiiis nsconoi o;ni cARFrEr-D couNry cLERK Ar{DRECORDER THE FoLLowrNG e COUnI*: -
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DEGREES 47' r r w ALONG Alr EflSTnrc FENCE UNE A DTSTANCE OF 3,13.54
Hi ?Eoqo 08' 57' E ALONG Ar.r rflmNc FENCE UNE A DrsrANcE oF 287.7r
3) N 76 DEGREES 59' 2I' E ALONG AI.T EflSTING FENCE UNE A DISTAI{CE OF 9.75 FEET:
H+: DEGREES sl'0s'w ALONG AN ExrsrrNc FENCE UNE A DrsrANcE OF 130.73
5) S 30 DEGREES 25' 57' E ALONG AN LYISTING FENCE UNE A DISTAI.ICE OF 75.33 FEET:
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EXHIBIT I)
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7) s 3l DEGREES 14''18'E ALoNc AI'l ExtsrtNc FENCE uNE A DrsrANcE oF 7r.04 FEET:
8) S 23 DECREES 2I'25'E ALONG AN EXISTING FENCE UNE A DISTANCE OF 73.37 FEET:TI{ENCE S 79 DEGREES 33'53'E ALONG.AN EXISN:N;EC]N'CE UNE AND SOUTHERLYBoUNDARY oF A PARCEL oF I3ND Dls-cllBEDoi p-airtir- A rN BooK 9ze Ar pAcE rsE ro159 oF THE REcoRDs oF sAtD GARFIELDCOUNTY clini AND REcoRDER A DrsrANcE oFU7.61 FEET TO TI{E &\D OF SAID rANg UNF. TiIEI.IIi'LO*.'*,,NG ALONG SAIDSOUMERLY BOUNDARY S 79 DEGREES r-{'E N iliiiiC, OF 7I.OO FEETTO TTIECENTERLINE oF lllE cRYsrAL RrvER; o*E [oi,c ruE cENTERuNE oF sArD cRysrALRIVER TI{E FoLLowING 4 couRsEsi i
l) s lo DEGREES o5:p. E A DrSTAr.rcE oF ?62.OZFEET:I ! !2 DEGREES io.g_ ! A prsreNcr oF t68.00 FEE-rr1! 26 DEGREES 00. q:E A DrsrANCi or zle.oo iEEi;4) S 4I DEGREES 35' 02' E A DISTANCT.OT ZOO:i HT rO A POINT ON TI{E EAS' UNEOF LOT 13 OF SECNON-2E.
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^rpetliio ro 838 oFrHE REcoRDs oF sArDGARFIEI-D couNTY CLERK AI'ID RECORDE$ A Disr;Ni; oF eo9.3l FEETToruEsourHEAsrcoRNER oF SAID Lor 13: THENCE .qioNc-e-co;-Mo-iiibuNoARy uNE AGREED upoN ByUNI0N oll. COMPANY oF cAUFoRNIA-tryP nre cniirll RIVER RANcr{ (sArD AGREEMENTBEING RECoRDED lN BooK el2 Ar PAFI]-8: lolis oi ffiE RECoRD5 oF sArD GARFTELDCOUNTY CLERK AND RECORDER'Td FOLLOWING 20 COURSES:
llr-le eEGREei oa 9?: u/ AL.NG mI.l9E!-uNE oF sArD Lor 13 A DrsrANcE oF563.29 FEETTO TH.! SqLTMWEST Cb-RNER OF SAID LOrI 13:2) s 8e DEGREES s8'42'w ALoNc mi sou.nr u:ir-eiHlin le. sECloN ze A DrsrAr-rcEOF 159.34 FEET TO A POINT ON EN iXISNNC iT}IELJJNT.
iLH: DEGREES 04' re' w ALoNG eN- pssnNe;i,GiNE A DrsrAucE oF 40e.8{
3#: DEGREE' 07' ro'w AL.NG Alr ElssnNG FENCE UNE A DTSTANCE OF 354.35
5) N 69 DEGREES 32'49'W ALONG A}I EOSTING FENCE UNE A DISTA}ICE OF IE8.8OFIEET: _ __r _..y...!v rErrLtr IJNE A DISTANCEOF
it#: DEGREES 47'4s'w ALONG Ar{ EflsrrNG FENCE LINE A DrsrAr.rcE oF 306.7s
?Ji,r3,1S:tr*;t:;,H?ISlL?lTlIG FEN.E L'NE A DrsrAr.rcE oF66.I5 FEE'
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District Court, Garfield Count.v
Case No.91Cm9
Order of Inclusion ol Reol Property
Roaring Fork l{oter & Saniotion District
Page 2 of4
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16' 50'W ALONC AI.I EXISTING FENCE UNE A DISTAI.ICE OF 398.62
17'45'W ALONG AN EflSTING FENCE UNE A DISTANCE OF 313.59
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20' se' w A DISTANCE oF 217.78 FEEr ro A ponrr oN Au ElnsrrNc
15) N 45 DEGREES 04' 44- W ALONG AN EXISTING FENCE UNE A DISTA}ICE OF 45I.97FEET: E^rJrll\\, tsElyCE I
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DEGREES 47' 15' w ALONc 4r.r EflsnNc FENCE UNE A DTSTANCE OF 278.62
B#,- DEGREES 16' 50'w ALON. AI.f EflmNG FEN.E UNE A DrSTAr.rcE oF ?73.66
IE) N 39 DEGREES T: q:-W ALONG A\Pg[rNG FENCE LINE A DISTA},CE OF 326.NFEEr ro n ioii'ir oir Tr{E_\f isi ffir hrqiil-cir1,,ii'rr.ro* ,r,re) N 00 DE.REES:r' ral nibr,6iii:rl ft; dflinD Lor 13 A DrsrANcE oF3r0. r r FEEr ro ,,e so_'nrw6iory*q roi-s;e ftD sEfioN 2e:20) N 02 DEGREES
93- ]I X ALONiiiri WESr-riNI"Oi-SiiD LOT E A DISTAI.ICE OFI167'zt FEET To Tr{E somrwEsr iay.+ qr e naitil'o, r-Ar\rD As DE'.RTBED rN BooK449 AT PAGE 57I OF THE N'CONOI Oritr"._A1$HJ6UO'rr CLERK AI{D RECORDER:THEN.E N 8e DE.RIF 30' oi; i--nr6irc nre sil-rffiTo-u"NDARy uNE oF sArD pARcEL oF.AND A DISTAIY.E gl-lf!,dts-siil'tnr iou,:rriiiiEb**rR oF sArD pARcEL oF r-Ar.rD:THENCE N 30 DEGRFES 20'OO; Efr-b-NC^rrrg EA-i;;.ilV-;OUNDARY LINE OF SAID PARCELoF LA^ID A DISTAN.E-or $z'zs *Ei'ro nre-cE$friliiis or rHE R'ARTNG F'RK RrvER:IBiXIiTONG THE CgI.MRLi}ig 5i SAID i-O;ilN;ffii- RIVER T}IE FOLLOWNG 15
l) s 22 DEGREES s7: lf: E A DTSTANCE OF zt4.zzEEEf:2) s 48 DEGREES 00..4!-_ e e oisidiii or €3.6r FEEr:3) N 70 DEcREES 0l 9l: E e oisinr.rii oF zsz.6zFEEr:4) N 43 DEGRFES 0?: 9?: e a orsrnlvii or us.3zFEEr:s) N 30 DEGREES rs:I: s a orird.rii or 347.3tFEEr:6) N 3e DEGREES 33:::: r e oriiniidi or 2e8.33 FEEr:7) N ss DEGREES 14: 1?: e e orsrAr.rii or zsB.zoFEET:
,E) N 73 DEGREES o8..llz:_E e orsrnr.rii or zos.lr FEET:e) s 84 DEcREES r:.01. El orsrei.jtEoF ?4e.e7 FEEr:r0) s sz DEcREES s?: 1!: e a orsrArrE oF z3s.8s FEEr:u) s 47 DEGRETS 4::1?: e a orsrniidi or 256.33 FEEr:12) s 3e DEGRFES 4?: 91: s e orii.aiiii or 418.28 FEEr:13) s ze DEGREES 0s:p: e e oisi.er.iG or 2e3.00 FEEr:14) S 35 DEGREES 3t p: r e orsrer.rdi or $o.oo FEEr:ls) s 4r DE.REES 30:-0or ee oisi'er.idi gl*.oo Etro A porrvr oN rHE EAsr uNEoF sEsnoN 2e: rHElrcEs_oo orcilESl:sr_]v;\6i{ih, EAsr uNE oF sArDSECNON 29 A DISTANCE OF Oi:iI'EE TO THE POINT Oi
'SCINT.IINC.COIJNTY OF GARFIELD
STATE OFCOLORADO
Districr Courr. Garfield County
Case No. 91Cr'29
Order of lnclusion of Reol Propert.v
Roaring Fork lVoter & Sanioilon District
Page 3 ofJ
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2' From and atier the date hereofl this Inctusion order shall have the effect set forth inC.R.S. 32-l-402, and other applicable law.
vrevr ,rsrr rrqY! rrr(
3' The Petitiolgr^is hereby directed to record a copy of the wirhin order in the realproperty records of Garfield county, colorado.,
_and to provide'notice and cenified copies of thewithin order to the carfield county clerk and RecordJi,lrr. t"ri,;,; il*,r'^rr.rror, and theDivision of Local Government in the Department of Locaieffoirc as required by applicable law.
DONE in Open Court this day ofl
CER1IFICATE OF MAIUNG
_ I Certirythatacopyof
Foregoing was mailed to all
- .r Counsel ofRecord
il*.'.".i::5'**,\
District Court, Gar/ield County
Case No.94CY29
Order of lnclusion oJ'Real Properry
Rooring Fork Woter & Sanitotion District
Page 4 of4
District Judge
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ROARING FORK WATER & SANIT.-\.TION DISTRICT
ROARING FORK INVESTnTTENTS, LLC
PRE.INCLUSION AGREENIENT
THIS PRE-INCLUSION AGREEMENT is made and entered into this day of
February, 1999 by and between the Roaring Fork Water & Sanitation District lforrnerty tire
"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 sdtrs (.'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-l-l0l et. seq. (West Supp. 1998) and the District's "Seryice 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 bxhibit A attached hereto and
incorporated herein by this reference ("Rose Ranch Property"), which real property Roaring Fork
desires to have included rvithin the District's boundari.r in trd.r 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 Propefi has been deemed under the District's Service
Plan to constitute, "[r]eal property capable ofbeing 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
selver 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-l-401 et. seq. and
RECEIVEDAUGO6I99g
GARFTELD COUNTY
PIJNNING DEPARTMENT
109 8TH ST. - SUITE 303
GLENWOOD SPRINGS, CO 81601
EXHIBIT E
WHEREAS, Roaring Fork has received from the County, planned unit developmenr
zoning approval ("PUD') for the Rose Ranch Property for 292 residenti:rl units, a golf course,
club house and attendant recreational facilities, rvhich approvai is set forth rvithin ftesolution 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 PIJD approval, the Rose Ranch
Property lvill require sewer service from the District in the total amount of 324 EQR's, with one
EQR representing 300 gallons per day (gpd) cplculated in accordance rvith the District's Service
Plan; and
i
WHEREAS, Roaring Fork has fitea 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 atttrougtr
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 Treabnent Plant will need to be expanded to accommodate the
Maximum Service Demand of the Rose Ranch property; and
l
WHEF(EAS, 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]icure 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
D raft Pre-inc I us i o n A greeme nt
Rose Ranch/RFtY&SD
Page 2
Exparrsion shall hereinltier refler to the expansion of the Treatnrent Plant capacity above
rclerenced; and
\WIEREAS, C.R.S. $ 32-l-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-l-402(l)(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 rvhich such property may be included."; and
WHEREAS, C.R.S. $s\ 3l-l-1001(lxd) and 3l-35-402(l)(0 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 rvill be included within District's boundaries and pursuant to
which sewer serryice will thereafter by provided to the Rose Ranch Property by the Disrict.
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 purpo'se of interpreting this provision, Roaring Fork
and the'District agree that the Rose Ranch Property shall bi included within the Diitrict
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, * oppoi.d 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.
Draft Pre-inclusion Agreement
Rose Ranch/RFIY&SD
Page 3
2.Reinrbursenrent of District Costs. Roaring Fork shall reinrburse the District all actr.ral
costs incurred by the District relating to the inclusion of the Rose Ranch Property rvithin
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 rvithin thirty (30) days of the date of the bill, rvith interest on
any overdue amounts to be assessed at one percent (l%) per month. In the event the
District is forced to purslle collection of any amounts due and unpaid under this
provision, it shall be entitled to collect lattorney fees, filing and lien recording fees
incurred in such collection efforts in a{dition to the unpaid amounts due, plus interest.
I
I
Provision o,f Water Service. Under the terms and conditions of the District's Service Plan
as presently approved, the District may not provide domestic rvater 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-l-1006 (lXbXIi 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 bs the District, acting within it jurisdiction and authority as
provided by law, finds by resolution thai it would be feasible and for the good of the
entire District to extend its water lines to the Rosb 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 rvatef lines to the Rose Ranch Property and the provision of domestic water service
thereto.
District Charees. Upon being annexed within the District and pursuant to C.R.S. $ 32-1-
a02(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 Di'strict'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 rvith the amount of charges and costs
3.
4.
Draft P re -inc lus io n Agre ement
Rose RanchiRFlY&SD
Page 4
incurred by the District relating solely to the provision by the District of server
sewice 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, follorving 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 sei forth within this Agreement and/or are otherwise
unable to satisfactorily perform thereunder, Rose Rancfr shall, pursuant to C.R.S. $ 32-1-
501(l), 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-l-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 govemed 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. Financine 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 thePlant 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 l.A. of this Section.
2. Timine. 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.
D raft P re -i n c lus ion A greeme nt
Rose Ranch/RFW&SD
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3.
Separate Account. All funds paid by Roaring Fork under this Agreenrent 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 allcosts instrnt to the permitting,
planning and construction of the Plant Expansion. Said funds shall not be rvithdrarvn by
the District or pledged by the District as security for any project or activity not relevant to
the purpose above stated rvithout the prior written consent of Roaring Fork and theCounty. I
I
Sectlion III.
Construction oh Plant Expansion
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
Report of the Pistrict Ensineer. Prior to incurring any costs toward the permitting,
planning or construction of the Plant Expansion; the District shall provide to Roarilrg 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 updatingof
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
wastelvatertreatmentplanttechnologythatisrequiredasaresultofmorestingerrt
discharge parameters,logether with a prq-rata share of plant improvements that benefit the
entire District and not just the Rose Ranlh Properly (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 expanses
incurred by the District in preparing the District Engineer's report.
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
;irovides written notice of objections to the District pursuant to this provision, the District
shall, rvithin fifteen (15) days bf its receipt of the sarne, establish a date, time and location
for a joint meeting of the parties for the purpose of determining the allocation of such
costs arnong the parties.
D raft Pre-inc lw io n A greement
Rose Ranch/RFw&SD
Page 6
I
,l+.Plyment of IncreaseclCosts. Within thirty (30) days of its acceptance of the District
Engineer's report pursuant to Paragraph 3 of this Section, Roaring Fork shallprovide to
the District:
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
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.
Cost Ovemrns. 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 Ovemrns" during the permitting, planningand construction of the
Plant Expansion, the District shall immediately provide written notice to Roaring Fork of
the nature and extent of said Cost Ovemrns. For purposes of this provision, "Cost
Ovemlns" shall be defined as the increased costs actually incuned by the District in tlie
permitting, planning and construction of the Plant Expansion over and above the estimated
costs for the same set forth within the District Enginelr'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 Ovemrns
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 Cosi Ovemrns 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
sarne, establish a date, time and location for a joint meeting of the parties for the purpose
of determining the allocation of these costs ainong t[e parties.
Pavment of Cost Overiuns. Roaring Fork shall pay to the District the total amount for all
Cost Ovemrns within thirty (30) days of its' ""."it*." of the same pursuant to Paragraph
5 of this Section.
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 rvill be received.
A.
B.
).
7.
D raft P re- i n c I us io n A greement
Rose Runch/RFW&SD
Page 7
2.
l.
D raft P re- inc lusio n Agreeme nt
Rose Ranch/RFW&SD
Page I
Section IV
Connection to District Facilities
. Upon providing rvritten notice to theDistrict and satisfying all required provisions of tiris Agreement, Roaring Fork shall be
allowed to connect the Rose Ranch Property to the DisLct's Treatment plant and receive
wastewater treatment seryice from the District.
Costs. Roaring Fork shall pay all infro[t..t.,re costs for connection to the District,s server
system and Treatment Plant, includingJbut not limited to, the costs of intemal collection
lines, necessary external joint trunt 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. Foi this purpose, Roaring Fork and
the District shall execute an appropriate reimbursement ugrr.rnrnlincorporatirrg t"r-. no
less favorable to Roaring Fork than the terms contained in the Construc.tion and
Reimbursement Agreement executed by the District and Aspen Glen Golf partners and
incorporated within the Service plan asExhibit J. -
Plans and Specifications. All sewer lines and facilities on the Rose Ranch property shall
be constntcted and installed in accordance with the District's Rules and Regulations in
effect from time to time and all applicable terms, conditions, restictions and schedules set
forth in the subdivision approvals issued by the Cgunty for the Rose Ranch property. The
Parties acknowledge that the infrastructure to be ihstalied within the Rose Ranc'tr pioperty
will be constructed by Roaring Fork in accordance with the phasing schedules set forthwithin the applicable subdivision approvals issued by the County for the Rose Ranch
Property. Upon completion of the final engineering and design pf*r for each respective
phase of the facilities to be constmcted on the Rose Ranch property, Roaring Fork shall
forward these plans to the District Engineer, who shall .ppro.t . or di.approvi the plans
within thirty (30) days of receipt, and whose approval shall not be unreasonably withheld.
In the event the District Engineer disapproves olsuch plans, he shall provide written
notice to Roaring Fork describing with specificity the ieasons for his iisapproval and the
changes necessary to make the plans and specifications acceptable to the iistict. 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 oiDirectors for
resolution. Upon approval, the District and Roaring Fork shall execute in duplicate a
document clearly specifying the approved plans and specifications to proviae Uottr parties
certainty as to the agreed upon plans and specifications.
J.
I
4.
5.
6.
7.
8.
Clrantle Orders. To tacilitate completion o[the facilities on the Rose Ranch Property in
accordance rvith the rules and regulations of the District, Roaring Fork, its'contractors and
agents n'lay propose reasonable change orders, of which Roaring Fork shallprovide the
District rvith notice and copy of the same. Within three (3) days, or such lesser period as
nray 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 rvill not result in unreasonable delay. If the District fails to approve the change
order or suggest an alternative within ttree (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 t[e agreed upon plans and specifi..tionr.
Insoections. The District shall have the right to inspect all facilities and work on the Rose
Ranch Properfy prior to the dedication of such facilities to ensure compliance rvith the
agreed upon plans and specifications. Roaring Fork shall reimburse the District for the
reasonable actual costs of such inspections.
Warrant-v. 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 approvei change orders, which date shall lho
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
rvorkmanship for a time period of nvo (2) years.
Dedication of Facilities: Lien Waivers. Within ten (10) days of the certilication 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, subconffactors, an material suppliers for work and materials fumished in
connection with the facilities conveyed.
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 lvhich 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
comrnon with the District any easements it conveys to the District for ingress and egress
and for all utility purposes not inconsistent rvith the District's use. The District shall
D raft Ptz-ittc I w ion A greement
Rose Runch/RFIY&SD
Page 9
o
notity Roaring Fork o[its plan to excavate any easements on the Rose Ranch Property,
and shall make all reasonable e[forts to minimize disturbance to the orvner(s) and the
user(s) thereof. All easements conveyed or established pursuant to this paragraph shall be
and hereby are subject to the obligation oIthe District to repair and revegetate disturbed
areas to a condition and grade substantially similar to that rvhich existed before the
disturbance.
9.Control of Facilities. Once conveyed tquontrol ot lacllltles. Unce conveyed tg the District, and subject to the warranry
provisions of Paragraph 6 of this Sectidn, the District shall be solely responsible for
operation, maintenance, repair, and repiacement of all facilities located upon the Ror
10.
operation, maintenance, repair, and replacement of all facilities located upon the Rose
Ranch Property which are dedicated to ihe District. The District shall at all times operate
the district facilities in an economical miulner, and shall make repairs and replacements to
assure continuous operation.
Release of Securit.v. 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. Frior 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 Paragrapis 7 and 8 of this Section
have been made to the District.
Section V.
Calculatioil of Tap Fees
nd Payment of Common Eldment Surcharge
Transfer of Tao Riehts. 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 I 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.
. All of the Tap Rights assigned to
Roaring Fork under Paragraph I 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.
Determination of Tap Fees. The Tap Fee to be charged for each Tap Right shall be equal
to the sum of:
1.
2.
J.
Draft P re-i nc I w io n A greeme nt
Rose RanchiRFW&SD
Puge l0
o
A.An anrount to be established frorn time to time by Roaring Fork in its sole
discretion rvhich 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 rvithin 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 annuaily
and shall provide rvritten 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.
An amount ("capital Reserve') to be established by the District at its sole
discretion rvhich amount shall be:
based upon the estimated required future capital repair/replacement costs to
be incuned by the District instant to the continued operation of the
Treatment Plant and sewer facilities; and
applied uniformly against all rap Rights issued to properties within the
District's boundaries or service area, subject to the right of the District io
adjust the capital Reserve element based upon the number or size of lift
stations, if any, necessary to serve any particular property.
. The Common Element Surcharge represents a
per EQR charge for the oversizing of facilities previously consfucted within the
Treatment Plant and benefitting properties locaied outside the Aspen Glen planned Unit
Development. The parties hereby agree that the Common Elerneni 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 Oirtri.t the sum of $370,596.00,
together with interes! at the rate of six percent (6%) per annum from the date hereof until
paid, in full satisfaction of its obligation to pay the ionrmon Element Surcharge in one (l)
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 treatnent 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 treatnent service
therefrom until Roaring Fork pays the District the Common Element Surcharge as
provided in this paragraph.
B.
l.
2.
4.
Draft Pre-inclusion Agreement
Rose Ranch/RFW&SD
Page I I
Section VI
Conditions to District Service
1' District Service Conditions. The District's obligations to provide selver service to the Rose
Ranch Property shall be expressly conditioned ipon the satisfaction of the follo*i"g,
---
inclusion of the Rose Ranch Pr{Rertl rvithin the District pursuant to the provisions
of Section I, Paragraph l.; and
]
I
receipt by Roaring Fork of all aiplicable County subdivision approvals for the lots
or properties within the Rose.Ranch property r.qu.rting Distrilirr*., service;and
receipt by the District pursuant to Section II, Paragraph l, of the required financing
for the Plant Expansion and payment by Roaring Fork orany increased costs for
the Plant expansion as provided in Seciion III; and
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 ofrvritten evidence that Roaring Fork has been paid thei'Tap Fie" applicable to the lot or
direct payment to the District of the applicabie Tap Fee as provided in paragraph 2 of this
Section; and I ;rlF' Receipt by the District of the Common Element Surcharge as provided in SectionV; and
G' receipt by the District of all amounts required to be paid by Roaring Fork under
Section Itr and Section IV; and
H' Satisfaction by Roaring Fork of any other term and condition required of it under
2' Reimbursement to Roarine 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 fromihe 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 o*n., to connect to theDistrict's facilities and receive service therefrom. The District shall make payment to
Draft Pre-inclus ion Agreement
Rose Runch/RFIY&SD
Page 12
A.
B.
C.
D.
Ro:rring Fork under this provision rvithin sixty (60) days of its receipt of payment of aTap
Fee from the lot owner requesting District sewer service.
3' Oblieation 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 faf nights 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 engineei to represeni it, int.r..ts. 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 iuch dispute by arbiration 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 RegulationsAlon-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 rr.oidr shall be provided to
Roaring Fork upon request. Each party shall keep fuli and accirate 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 Proplrty as provided in the District's
Rules and Regtrlations, and Roaring Fork shall, upon notice t; the Disirict, have the right to
inspect the District's wastewater treatment plant, sewer lines, lift stations, and other appurtenant
facilities.
Rose Ranch/RFly&SD
Page l3
o
l.
2.
3.
4.
Section X
County Obligations
The County's duties and obligations under this Agreement are and shall be limited to thoseduties and obligations set forth in Section II, Paragraph 3lsection IV, paragraph l0 and SectionV, Paragraph 2.
".":;1"f1,f,1,,,sI
I
Termination. This Agreement shall be in full force and effect until terminated by mutualagreement by the parties hereto, or as provided by law.
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. fi" partiesfuither agree to negotiate in good faith foifuture financing and construction of additionalcommon Elements, wastewater treatment plant capaciry,;d any other facilities.
service ptan tntesrath. This Agreement and its Exhibits shall be incorporated in th;District's service Plan, as though set forth there verbatim.
. This Agreement shall not be constnred to be inviolation with the laws of the United Stapes or the-State of Colorado, nor in any *;;-which adversely affects or diminishes thL financ\s capabilities of the District.
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 stand-ing iobring suit at law or in equi[y to enforce.o-pti*,.. herewith. It is expressly agreed that
any default in the provisions hereof may be ipecifically enforcea. This Agreeient shall
be construed in accordance with the laws of the State of Colorado, irirtuaiig the SpecialDisrict Act, C.R.S. gg 32-l-101, et. seq.
Non-Merser. Each party's obligations under this Agreement shall be assignable to any
grantee, purchaser, transferee, or assignee ofthe party's interest, and shall survive any
such conveyance, purchase, transfer, or assignment.
-
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 Garfreld County Clerk and Recorder and shall thereafter
constitute actual notice of the terms and conditions hereof to any and all future users of
5.
6.
7,
Draft Pre-inclus ion A greement
Rose Ranch/RFW&SD
Page 11
8.
9.
10.
t2.
13.
14.
15.
District services on tlte Rose Ranch Property, and all owners, tenants or other persons rvlrooccupy units or reside upon the Rose Ranctr property.
Attorneys' Fees' Each party shall bear its olvn attorneys' fees incurred in the negotiation,e-xecution, and implementation of this Agreement. Horvever, in the event arbitration orlitigation is necessary.to enforce the rights of the parties to this Agreement, as betweenthemselves, the prevailing party in suci arbitration or litigation shall be entitled toreasonable attorneys' fees and costs actualry incurred.
o -
Complete Aereement: Amendment. This Agreement constitutes the entire and completeagreement between the parties, and any modification or amendment hereto shall beevidenced by a miting signed by the parties.
Binding Effect' This Agreement shall be binding upon and inure to the benefit of the
B1i::J::,j-n:t._l::"rr:r.,srantees, .na
"r.i-snr. Notrring herein shau prevent
,iilil;'J,ti,-io"ementoL^ll L^ ^----J--^-^ 1 rrshall be appurtenant to the property ctnveyed.
ll.
Draft Pre-inclus io n A greement
Rose Runch/RFW&SD
Page 15
AqthoritJ' Each person executing this Agreement represents and warrants that he has beenduly authorized by,l. ?Ty which he purports to represent to execute thi, Agrr;;;{ ;;has authority to bind said party to the terms and conditions of this Agreement.
Nq'lVaivpr' No provision of this Agreement may be waived except by an agreement inwriting signed by the waiving parry: A waiver of *y term or provision shall not.beconstnred as a waiver of any other term or provision.
He-adings' The paragraph headings in this Agreement shall not be used in the constnrctionor interpretation hereof, as they have no subsiantive effect, and are for convenience only.
Severabiliw' If any part or section of this. Agreement shall be found void or invalid by acourt of competent jurisdiction, such finding-shall not affect any remaining part or section,
Td--tdd remaining parts or sections shall continue in full force and effect. The parties
:h{1re::gotiate in good faith any matter addressed by a part or section that is found voidor mvald.
Notice' AII notices required under this Agreement shall be in writing and shall be handdelivered or sent by registered or certifielhail, return receipt requested, postage prepaid,to the addresses of the parties herein set forth. All notices sf given shall be consideredeffective seventy'two (72) hours after deposit postage paid in the united states Mail withthe proper address as set forth berow. Eiiher party by noti.. ro given may change theaddress to which future notices shall be sent.
Notice to:
With copy to:
Notice to:
With copy to:
Notice to:
D raft P re-inc lusio n A greement
Rose Ranch/RFly&SD
Page 16
Roaring Fork Water and Sanitation District
9929 Highway 82
Carbondale, Colorado g I 623
Lawrence R. Green
Balcomb & Green p.C.
P.O. Drawer 7901
Glenwood SprinEs, CO g1602
I
Roaring Fork Investments, LLC
Attn: Ron Heggemeier
Hegganeier & Stone, p.C.
19556 East Main St., Suite 200
Parker, CO 80134-7374
Timothy A. Thulson, Esq.
Balcomb & Green, p.C.
P.O. Drawer 290
Glenwood Springs, CO g1602
9*fi._19 County Department of Buildin,q and planning
Attn: Mark Bean
109 8th Street, Suite 303
i
I
I
IN WITNESS WHEREOF, the parties have executed this Agreement in multiple originals
on the day and year first rvritten above.
ROARING FORK INVESTMENTS, LLC
ROARING FORK WATER AND SA}IITATION
DISTRICT
Draft P re - i n cl us io n A greement
Rose Rdnch/RFllr&SD
Page 17
ATTEST:
QUITCLAIM DEED
^^ -rj -deed, made this l6th day'bf December, 1996, between AspEN GLEN GQLFCOMPANY, a Colorado Limited Partnership (Grantor) and ASPEN GLEN WATER &SANITATION DISTRICT (Grantee):
wITMSsETH,.that the grantor for and in consideration of the sum of one Doilar and othergooil an-d valuable considerationl the rec,einl *O rumci*ry of *frirt is hereby acknowledged, hasremised, released, sol{, sgnvsyed and quit claimed, and Uv ir,o" presents does remise, release, sell,cqnvey and quit claim unto grantee, its successors and assigns foiever, all right, interest, claim anddemand which the Grantor has in and to the ryt9r rights togiher with improvements, if any, situate,lying and being in the County of Garfreld and statJof CJlorado described in Table Nos. I and 2:
ANI I,JNDIVIDED INTEREST IN THE FOLLOWING DESCRIBED WATER RIGHTS:
o.rlt,
fill{
0,E
'Flotr0q
oz
The above described.watell8hts having had their point of diversion changed in case No. g3cwlg2to the Aspen Glen Wells No. l-7.
A IOO% UbTDIVIDED INTEREST IN TI{E FOLLOWING DESCRIBED WATER RIGHTS:
TABLE #2
TABLE #I
/^
lb/crrrt 7Al
Lawrcncc R. Green
33:H,*,:8rcomb, P.c.
Glenwood Springs, CO 8t602
ili+}niiii
liiii;i.,ifl_riiii
Kaiser & Sievers Ditch 05/l l/l 889 l l/02/l 88s c.A. 132 4.00 s7.5%
(2.3Ocfs)
13.8%
(0.3l7cfs)
Kaiser & Sievers Ditch
First Enlargement
05/l l/188e tolt2lt886 c.A. 132 3.6 82.5%
(2.97cfs)
t3.8%
(0.alOcfs)
Kaiser & Sievers Ditch
Second Enlargement
08t261t9t0 041t511902 c.A. t432 2.0 82.5%
(l.6scfs)
13.go
(0.227cfs)
Crane and Peebles Ditch 04106n909 04/01/1885 c.A. l35l 6.4 97.syo
(6.24cfs)
13.lyo
(0.820cfs)
Aspen Glen Well #l t0l3t/9s 93CWl92 t00%
(1.6 cfs TOTAL for Aspen Glen Wells
I through 7)
Aspen Glen Well #2 l0l3ugs 93CWt92 100%
(1.6 cfs TOTAL for Aspen Glen Wells
I through 7)
Aspen Glen Well #3 t0t3ugs e3cwl92 t00%
(1.6 cfs TOTAL for Aspen Glen Wells
I through 7)
Aspen Glen Well *I4 tot3vgs 93CWl92 l00yo
(1.6 cfs TOTAL for Aspen Glen Welis
I through 7)
lO0yo
(1.6 cfs TOTAL for Aspen Glen Wells
I through 7)
Aspen Glen We[ #5 t0t3U95 93CWl92
:'l
EXHIBIT F
Illlilt llilt llilll ilil ilt llllil lilllilil llilt ilIililt
5O3o25 l2/31/L996 03:13P 81005 P234 319
2 o0 2 R 11.00 D O.OO N 0.00 GRRFIELD COUNTY CLER
Aspen Glen Well #6 l0/31/95 93CWl92 100%
(1.6 cfs TOTAL for Aspen Glen Wells
I through 7)
Aspen Glen Well #7 r0l3v9s 93CWl92 100%
(1.6 cfs TOTAL for Aspen Glen Wells
I through 7)
The above described rights are subjegt to all conditions imposed by the decree in 93CWl92
and all previous decrees.
IN WITMSS WHEREOF, the Grantor has executed this deed on the date first set forth
above.
ASPEN GLEN GOLF COMPAI{Y
By: MANAGEMENT COMPAI.IY FOR
ASPEN GLEN, INC.
a Colorado Corporatign, its General Partner
STATE OF COLORADO )
couNTY oF GARFTELD
) ss'
The foregoingrrrasacknowledged before methis //Pday of December, 1996, byGEORGE R. HAI'ILON, JR., as Vice-President of MAI.il-GEMENT COMPAI{Y FoR ASPENGLEN, INC., a Colorado Corporation, General Partner of ASpEN GLEN cOI"i cOMpAI.Iy.
WITNESS my hand and official seal.
819 CdoradoAvenre
,,8'ffiffi;ffi;r?J,Lih,
Vice-President
-
J
a
a
I[illll]ll llilll ]il illt lillll iltLlt til llil til Llt,623587 O3/25/2OO3 O4t42P 81450
1 of 6 R 31.OO O O.00 GRRFIELD
P673 I'I RLSDORF
COUNTY CO
la l'
I
This matter having come before the Court upon thelPetition for Order of Inclusion of Real
Property submitted by the Roaring Fork Water & Sanitation District, and the Cotrt, having
oonsidered said Petition and the Order of Inclusion entered by the Board of Directors ofthe Roaring
Fork Water & Sanitation District submitted therewith, and being otherwise fully advised in the
premises:
IT IS I{EREBY ORDERED:
1. Thatthe following describedreal propertybe, andthe sameherebyis, includedwithin
the Roaring Fork Water & Sanitation District:
APARCEL OF LA}{D SITUATED IN LOTS 4,5,10,11,12,I3, 15, 16,17,22,23,
24,28,29,30 AltD 34 OF SECTION I AIID LOTS 2,3,4,'1,8,9,12;13,15, 16
OF SECTION 12, TOWNSHIP 7 SOUTH, RAI{GE 89 WEST OF THE SD(fiI
PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO;
S AIN P ARCEL OF LAI.{D BEING MORE PARTICULARLY AS DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION I, A 1 95 8
BLM BRASS CAP IN PLACE; THENCE S 5622'41" E 518.09 FEET TO A POINT
ON THE SOUTHERLYLINE OF THAT PROPERTY DESCRIBED IN BOOK 590
qrt?
.9n1,
DISTRICT COURT, GART'IELD COUNTY, COLORADO
Court Address:
Garfi eld County Courthouse
109 8th Steet Suite 104
Glenwood Springs, CO 81601
IUY Uft Street Surte lU4 I I
Glenwood Springs, CO 81601 1 I
I
I
I
FORK wATER & SAITITATIoN DISTRICT I l. COURT USE ONLY
I.l
Lawrence R. Green, Esq., Atty. Reg.#: 8992 I
Balcomb & Green, P.C. I CaseNo.: 94CV29
P.O. Drawer 790 | Div.: Cftn.:
Glenwood Springs, CO 81602 I
I
Phone Number: (970) 945-6546 I
Fax Number: (970) 945-9769 I
ORDER OF INCLUSION OF'REAL PROPERTY
Lil!fl llll illlll llll llil Iilililililt ililillillt ffit523s87'03/25/2003 04:42p ernio Fszl I nr-iDb[i'z of 5 R 31.00 O O.O0 cnRFiEio bouxrv co
District Court, Garfield County
Case No. 94Cy29
Order of Inclusion of Real property
Roaring Fork Water & Sanitation District
Page 2 of 6
AT PAGE 955 OF TIIE GARFIELD iOtXTY CLERK A}ID RECORDER,SOFFICE' ;TIIENCE S5g'20'23" EALONGTI{E sourHERLy LINE oF SAID BooK 590 AT PAGE 955, A DIsrAr-rcE oi208,21FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S63'47'19^ E 60.78 FEET TO A REBAR 4ND CAP L.S. #17488IN PLACdTHENCE CONTINUING ALONG SAID SOUTHERLYLINE S 63'47'23"E 334.00FEET To A REBAR AND cAp L.s. #r74gBIN pLAcE; nrervcr CONTINLJINGALONG SAID SOUTHERLY LINE S 63'47'20'' E 334.00 FEET TO THESOUTHEAST CORNER OF SAID BOOK 590 AT PAGE 955,
'REBAR
A].[DcAP L.s. #17488IN PLACE; THENCE N 37'r 1 37" EALONG TIIE EASTERLYLINE OF SAID BOOK 590 AT PAGE 955,298.51 FEET TO A POINT ON THECENTERLINE OF THE ROARING FORK RTVER; THENCE TI{E FoLLowING
FTVE (5) COURSES ALONG T}IE CENTERLINE OF SAID RTVER:1. S 64"20'33'E 539.13 FEET2. S 69"24'54" E 523.30 FEET3. S 6l '41'54. E t47 .5t FEET4. S 34'lg'54, E 646.90 FEET
5.S 29'54'54" E 516.97 FEET TO A POINT ON T}IE EASTERLY LINE OFLOT 17 OF SAID SECTION 1; THENCE LEAVING SAID CENTERLINE
S OO'42'38' E ALONG TIM EASTERLY LINE OF LOTS 17,22AND 29,
A DISTANCE oF 2t40.70 FEET; TITENCE LEAVING sArD EASTERLY
LINE N 89'15'45" E 43.14 FEET TO THE NORTI{WEST CORNER OFTHAT PROPERTY DESCRIBED IN BOOK 5I1 AT PAGE 103 OF THEGARFIELD COUNTY CLERK AND RECORDER,S OFFICE; THE}.ICE
TI{E FOLLOWING SD( (6) COURSES ALONG THE WESTERLY LINE
OF SAID PROPERTY:
s 41 "07'10" E 559.76 FEET
s 47'56'39'E 519.90 FEET
s 47't6'43" E 466.70 FEET
s 34"28'09" E 123.?2 FEET
s 04'45'38'E 390.41 FEET
S O8'OI'5I' W 130.25 FEET TO TIIE SOUTI{WEST CORNER OF SAID
PROPERTY; THENCE N 67'25'06,' E ALONG TI{E sourHERLy LINE
OF SAID PROPERTY 2I I.OO FEET TO A POINT ON TTIE EASTERLY
LINE oF Lor 9 oF SAID SECTION 12; THENCE s 00'22't l, E ALoNc
SAID EASTERLY LINE 606.90 FEET TO THE SOUTHEAST CORNER
OF SAID LOT 9, A REBAR AND ALI.JMINUM CAP, LS #22580, IN
PLACE; THENCE S O3'I1'58U W ALONG TI{E EASTbRLV rrNB,OrLOT 12 OF SAID SECTION. 12 741,05 FEET TO TIIE SOUTTMAST
CORNER OF SAID LOT 12, A REBAR A}ID ALUMINI.JM CAP IN
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titilil t!ilt llilll lilt llil lilill|lllll!.Illlllllllll Lubb#df oil2irisse o4t42P B14s0 P67s I'l RLSDoRF
i of 6 R 31.oO D O.00 G0RFIELD C0UNTY C0
District Court, Garfield County
Case No. 94CY29
Order of Incfusion of Real Property
Roaring Fork llatq & Sanitation District
Page j of6
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PLACE; THENCE S 00'06'02'l E ALONG THE EASTERLY LINE OF LOT
16 OF SAID SECTION 12 555 .szFEET TO THE SOUTHEAST CORNER
OF SAID LOT 16, A REBAR AI{D ALUMINUM CAP IN PLACE, SAID
POINT ALSO BEING THE NORTHEAST CORMR OF TELLER
SPRINGS SLJBDIVISION; THENCE S 89'59'08' W ALONG THE
NORTHERLY LINE OF SAID TELLER SPRINGS SUBDTVISION 220.61
FEET TO THE SOUTI{EAST CORNER OF PARCEL C OF RECEPTION
NO.444311 OF THE GARFIELD COUNTY CLERKA}ID RECORDERS
OFFICE; TIIENCE LE^AVING SAID NORTHERLY LINE N 12'57'48' W
ALONG THE EASTERLY LINE OF SAID RECEPTION NO. 444311
| 69 .l 4 FEET; THENCE N 87' 5 8'2 5 " W ALONG TIIE NORTHERLY LINE
OF SAID PARCEL C324.74 FEET; THENCE ALONG TIIE WESTERLY
LINE OF SAID PARCEL C ALONG TI{E ARC OF A CURVE TO THE
RIGHT HAVING A RADruS OF 582.29 FEET A}ID A CENTRAL A}IGLE
oF t7'52',51", A DISTAIICE OF l8l.l2 FEET (CHORD BEARS S
l3'29',05', E 180.98 FEET) TO A POINT ON THE NORTIIERLY LINE OF
SAID TELLER SPRINGS SUBDMISION; TIIENCE S 89'52'26u \{
ALONG SAID NORTHERLY LINE 17 4 .OI FEET TO TTIE NORTHWEST
CORNER OF TI{E TELLER SPRINGS OPEN SPACE; THENCE
LEAVING SAID NORTI{ERLY LINE S 2I'55'10' W ALONG THE
WESTERLY LINE OF SAID OPEN SPACE 53.97 FEET TO TIIE
NORTHEAST CORNER OF LOT 5 OF SAID TELLER SPRINGS
SUBDIVISION AS SHOWN ON THE AMENDED PLAT TFIE'REOF;
THENCE S 8 9' 5 9'08 " W ALONG THE NORTHERLY LINE OF SAID LOT
5 165.35 FEET; THENCE CONTINUING ALONG SAID NORTHERLY
LINE N 4 5' Ol' 42" W 2 8.27 FEET; THENCE CONTINUING ALONG SAID
NORTIM,RLY LINEN 89'59'08'' W 855.53 FEET TO TTMNORTTTWEST
CORNER OF SAID LOT 5, SAID POINT ALSO BEING ON THE
EASTERLY RIGHT-OF-WAY OF COUNTY ROAD NO. 109; THENCE
TIm FOLLOWING TWENTY-THREE (23) COURSES ALONG SAID
EASTERLY RIGHT-OF.WAY:
N 13'15'08'*E 30.84 FEET
N 13'40',41',E 86.97 FEET
N 14'26'34" E 8.37 FEET
ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADruS OF
263 .67 FEET A}ID A CENTRAL ANGLE OF 22' 42'13 '" A DISTAI{CE OF
104.48 FEET (CHORD BEARS N 03'05'28'*E 103.80 FEET)
N 08'15'39" W 721.97 FEET
N 09'37'30u W 215.26 FEET
N 09'32'll" W 715.14 FEET
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LlttlliJillt ililHiltllil liltililililt ilt ililt ]illllt6z3sE7 o3/zs/zoos siiq2;i-arq'6d;F'6' 6 r,t RLsDoRF4 0f 6 R sl.oo D o.os cnnFieio bounrv co
District Court, Garfield County
Case No. 94Cy29
Order of Inclusion of Real property
Roaring Fork Water & Sanitation District
Page 4 of 6
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N 09'24'35" W l73g.g3 FEET
ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADruSOF I87O.OO FEET AND A cBNITRAL AI{GLE OF 05'38'57", ADISTANCE OF 184.38 FEET (pnono BEARS N 06.35'06' W 184.30FEET) i
N 03'45'39'W 70.62 FEET
ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADruS OF
I I55.OO FEET AND A CENTRAL ANGLE OF 08'5923'" A DISTANCEoF r8r.22 FEET (CHORD BEARS N 08'15'19" W 181.03 FEET)
N l2'45'01".w 250.30 FEET
ALONG THE ARC OF A CURVE TO TIIE LEFT HAVING A RADruS OF
518.09 FEET AND A CENTRAL A}IGLE OF 35" 1 I'37".A DISTA}ICE OF
318.23 FEET (CHORD BEARS N 30.20,49u w 3 13.26 FEET)
N 47'56'39" W 239.90 FEET
ALONG THE ARC OF A CURVE TO THE RIGHT I{AVING A RADruSOF I52O.OO FEET ANiD A CENTRAL ANIGLE OF 14'05'17", ADISTANCE OF 373,74 FEET (CHOR,D BEARS N 40'53'59' W 372.80
FEET)
N 33'51'20" W 4g5.97 FEET
l
ALONG THE ARC OF A CURVE TO TT{E LEFT HAVING A RADruS OF
620.00 FEET AND A CENTRAL A}IGLE OF 19'38'05-, A DISTAI{CE OF
2t2.47 FEET (CHORD BEARS N 43.40'23" W 21 1.43 FEET)
N 53'29'25" W 511.09 FEET
ALONG THE ARC OF A CI.JRVE TO THE RIGHT HAVING A RADruS
oF 470.00 FEETAIID A CENTRAL A}IGLE oF 34'45,42,', A DISTA].ICE
oF 285.15 FEET (CHORD BEARS N 36.06'34" W 280.80 FEET)
N l8'43',43" W 773.97 FEET
ALONG TIIE ARC OF A CURVE TO TIIE RIGHT HAVING A RADruS
OF 620.00 FEETAND A CENTRAL ANGLE OF 30'05'19" A DISTA}ICE
oF 325.59 FEET (CHORD BEARS N 03.41'04" W 321.86 FEET)
N I l'21'36" E 17 1.27 FEET
ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADruS OF
38O.OO FEET, A CENTRAL A}{GLE OF 02'00'46'' AND ADISTA}ICE OF
13.35 FEET (CHORD BEARS N 1O'21'I3" E 13.35 FEET) TO A POINT
ON TITE SOUTHERLY LINE OF RIVER RIDGE P.U.D.; TI{ENCE
LEAVING SAID EASTERLY RIGHT-OF.WAY N I9'24'3OU E ALONG
SAID sourHERLY LINE s3 .zs FEET; THENCE CONTINUING ALONG
SAID SOUTHERLY LINE S 65'25'04' E 20.16 FEET TO T}IE TRIJE
POINT OF BEGINNING; SAID PARCEL CONTAINING 27 4,2LIACREE
MORE OR LESS.
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s oe S R 3r.00 D O.OO GRRFIELD COUNTY C0
District Court, Gafield County
Case No. 94CV29
Order of Inclusion of Real ProPerty
Roaring ForkWater & Sanitation District
Page 5 of6
TOGETITER WrTH A PARCEL OF LAND SITUATED IN LOTS 23 A]\lD 28 OF
SECTION 1 AND LOTS 4, 5, 6,7) 14, TIIE NWI/4NW1/4 AI{D Trm
swl/4Nwl/4 OF SECTION 12, TOWNFHIP 7 SOUTH, RAI{GE 89 WEST OF
THE STXTH PRINCIPAL MERIDIAN, COI.INTY OF GARFIELD, STATE OF
COLORADO; SAID PARCEL OF LANP BEING MORE PARTICI.JLARLY 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
8 8 " O 8'24'' E ATONG TFIE NORTHERLY LINE OF THE NW I /4NWI /4 A}TD LOT
s oF SAID SECTION t2 1925.15 FEET; TIIENCE LEAVING SAID
NORTHERLY LINE S 0l'19'06" W 100.00 FEET; TIIENCE 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
I ; TIIENCE N 01 'l6'57', W ALONG TI{E WESTERLY LINE OF LOTS 28 ANID
23 OF SAID SECTION 1 1061.60 FEET TO A POINT ON TIIE WESTERLY
RIGHT-OF-WAY OF COUNTY ROAD 109; TIIENCE LEAVING THE
WESTERLY LrNE OF SArD LOT 23 Tr{P FOLLOWING SEVEN (7) COURSES
ALSNG THE wESTERLY RIGHT-OF-!vav OF;SAID COUNTY ROAD 109:
I. ALONG T}IE ARC OF A CURVE TO THE RIGHT HAVING A RADruS
OF 458.09 FEET A\ID A CENTRAL A]'TGLE OF 36"07'56",A DISTAI{CE
oF 288.88 FEET (CHORD BEARS S 30"48',59" 8284.12 FEET)
s 12'45'01" 8247.15 FEET
ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADruS
OF 1O95.OO FEET AND A CENTRAL A].IGLE OF 08.59'23U, A
DISTAI{CE OF 171.80 FEET (CHORD.BEARS S 08'15'19" E 171.63
FEET)
s 03'45'38" 870.62 FEET
ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADruS OF
193O.OO FEET ANID A CENTRAL ANIGLE OF 05"38'57", A DISTA}ICE
oF 190.29 FEET (CHORD BEARS S 06'35'06" E 190.21 FEET)
s 09'24'35" F 1739.96 FEET
s 09'3 2' 1 1'' E 545.09 FEET (TO A POINT WHENCE AI.\l 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 AI{D THE NORTHERLY LINE OF
RECEPTIONNO. 40276 4I56.56FEET TO ANI ONE INCH IRON PIPE IN
PLACE; THENCE CONTINUING ALONG SAID NORTI{ERLY LINE S
46'49'46" W 319.59 FEET TO TIIE NORTHWEST CORNER OF SAID
RECEPTION NO. 402764, A REBAR AND CAP IN PLACE; THENCE S
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#;:{';::rii;dt";::;:i:;,,,,.,",|ryl[f*rft,fl L!![[|J[IJLIIILIHp' page6of6 s ii-i iri:aiD D o.oo ennFiEio cou*ry co
08'30'14'' E ALONG TIIE WESTERLYLINE OF SAID RECEPTIONNO.402764 AND RECEPTION NO. 418590, IOi.i FEET TO TIIESOUTHWEST CORMR OF SAID NECEPNOT.i-NOi. +rTSqO; EIENCES 80'45'44'' W ALONG THE NORTHERLY TN.CE OF RECEPTION NO.397182, 177.17 FEET TO TIIE NORTHWESi CO-Ni.'"N OF SAIDRECEPTION No. 397182; TSENCE S t7'2sitsi w aroNc TrrEWESTERLY LINE OF RECEPTION NO. 397182 ANO NNCNPNON NO.411767,741.91FEET TO THE NORTI{WEST conr.rEn. oF LOT 2t oFSAID SECTION 12, ALSO BEING NrE NONrrrUMii;"-}Tfr;;TELLER SPRINGS S^qBPMSION; THENCP S OOTOOiI+' WALONG TIIEWESTERLY LI*. OF SAID TPTLPN SPRINGS JUNOTWSION ANDTIIE EASTERLY LINE OF LOT 14 OF SAID STCNOI Q ?68.25FEETTo rHE sourl{EAsr coRNEn or sam Lor 14; THENCE LEAVINGTr{E WESTERLY LrNE Or reirpn spnnqds-sueorvrsloN S89'OO'59U W ALONG TI{E SOUT}IERLY LINE Or SArO LOT 14 46l.99FEET TO TI{E SOUTHWEST CORNER OF SAID iOT T+; THENCE N00"22',r3',E ALONG TIIE WESTERLY rnve-or s.I6'ror 14 1378.08FEET To THE NoRfi{wEsr coRMR oF SAID tot-tq;THENCE N89 " 07' 53" W ALONG TIIE S OUTHERLY LINE OE rrrE iWI /4NW I /4 OFSAID SECTION I2I347.91FEET TO THE WUST qi]ARTER CORNERp;j,19 *c^TrgI^r2,AN_ALUMrNr.rM cap nvi,iaie, rlmhrcr Ni#ffi;ii,l;2728.80 FEET TO THE TRTItr PNI\IT NT DE/-1rt,[7N"A
or ioo,n-"onir PARCEL
2' From and after the date hereof, this Inclusion order shall have the effect set forth inC.R.S. 32-l-402,and other applicable law.
'l
' 3' Ttie Petitioner is hereby directed to record a copy of the within order in the realproperty records of Garfield co,nty, c.olgrado-, and to p*ria"-ril;;ilffified copies of thewithin order to the Garfield c9*,v crerk rPd ilI9;;Ji *: o*eld county Assessor, and theDivision of Local Government in the Depardent of Local Affairs as required by applicable law.
BY THE COURT:
OF GARFIELD OOI'NTY
GLENWOOD SPRINGS, COLORADO
to be a full, trtre and correct copy of the
Eiputy
TABLE OF CONTENTS
EXHIBITS
Exhibit 1 - Board of County Commissioner Resolution No. 98-80 approving Plann€d Unit
Development zoning for the Rose Ranch PUD ( September 09, 1998).
Exhibit 2 - Board of County Commissioner Resolution No. 99-067 amending Planned Unit
Development zoning for the Rose Ranch PUD (June 07, 1999).
Exhibit 3 - Board of County Commissioner Resolution No. 99-068 approving the Preliminary
Plan.for the Rose Ranch PIJD (June 07, 1998)
A. Subdivision Improvements Agreement, Rose Ranch Planned Unit Development
Phase I (Se'ptember 13, 1999)
B Acknowledgment of Partial satisfaction of Subdivision Improveme,lrts Agreernent
@ecember 02,2002)
Exhibit 4 - PROPOSED MODIFICATIONS TO PRELIMINARY PLA}.I CONSTRUCTION
DOCUMENTS for Rose Ranch PUD.
Exhibit 5 - Ironbridge PUD Development Property Owners within 300 feet of Perimeter
Boundary.
Bxhibit 6 - EASEMENT AGREEMENT by and between Westbank Mesa Homeowners
Association and Roaring Fork Investments, LLC (April01, 1998).
Exhibit 7 -FIRST AMENDMENT TO EASEMENT AGREEMENT by and between Westbank
MesaHomeowners Association and Roaring Fork Investmerqts, LLC (June 22,2000)-
Exhibit s - sEcoND AMENDMENT TO EASEMENT AGREEMENT by and between
Westbank Mesa Homeowners Association and Roaring Fork Investnents, LLC (June 08, 2001).
EXhibit 9. DECLARATION OF COVENA}{TS, CONDITIONS, RESTRICTIONS AND
EASEMENTS FOR THE ROSE RAIICH P.U.D., PHASE l, recorded on Se,ptember 11, 2000,
in Book 1206 atPage 662 as Rece,ption No. 569194, as amended by Restated Declaration of
Covenants, Conditions, Restictions and Easements for Ironbridge recorded March 18,2003, in
Book 1447 atPage 884 as ReceptionNo. 623133.
Exhibit t0 - GRAI.IT OF CONSERVATION EASEMENT by and between Roaring Fork
Investrnents, LLC and the Roaring Fork Conservancy recorded September I l, 2000, in Book
1206 atPage748 as Reception No. 569196.
EXhibit 11 . DECLARATION OF GOLF FACILITIES DEVELOPMENT CONSTRUCTIONAND OPERATIONAL AGREEMENT, recorded on September 11, 2000, in Book 1206 atpage
734 as Reception No. 569195, as amended by First Amendrnent to Declaration of Golf FacilitiesDevelopment Construction and Operational Agreement recorded March 18,2003, tr B""ki4;t
at Page 880 as Reception No. 623132
Exhibit 12 - First Amendment to Development Agreement by and between Roaring Fork
Inveshnents, LLC and the Board of County Conlmissior.rr of G*field County, Co'iorado,
recorded september 11, 2000, in Book 1,206 atppse g52 as Reception No. saiioo.
A.
Exhibit 13
Phasing Schedule (proposed)
A. PRELIMINARY GEOTECHMCAL STUDY, ROSE RANCH
DEVELOPMENT, COUNTY ROAD 109, GARFIELD COUNTY, COLORADO,
prepared by Hepworttr-Pawlack Geotechnical, Inc. of October 29,lgg7 (Job No. 197
327)
B. SUPPLEMENTAL GEOTECHMCAL STUDY EVALUATION OF SINKIIOLE
REMEDIATION ROSE RANCH DEVELOPMENT, COLINTY ROAD 109,
GARFIELD COIINTY, COLORADO, prepared by Hepworttr-Pawlack Geotechnical,
Inc. of February 12,1998 (Job No. 197 327)
c. correspondence from Eldon von bu"rr, p.E., of EVo consulting seruices; Inc.
to Garfield county Board of commissionErs and Staff of February 12,ligg.
D. Applicable provisions of Technical review performed by Michael J. Erion" p.E.,
wright water Engineers, Inc. of May 21,l99B - submitted in response to pUD
Application
B. Geotechnical Hazard Review prepared by Jonathan L. white, colorado
Geological Survey ofMay 15, 1998.
F. SUPPLEMENTAL GEOTECHMCAL STUDY EVALUATION OF COLLAPSE
POTENTIAL, ROSE RANCH DEVJLOPMENT, COUNTY ROAD 109, GARFIELD
couNTY, coLoRADo, prepared by Hepworth-pawlack Geotechnical, Inc. of
September 10, 1998 (Job No. 197 327).
G. Correspondence from Jonathan L. White, Colorado Geological Strvey; addressing
Rose Ranch PUD of December 04, 1998 - submiued in response to Preliminary plan..
H Applicable provisions of Technical review performed by Michael J. Erion, P.E.,
Wright Water Engineers,Inc. of February 03, 1999.
l1
I. Conespondence Re: Cart Path Supports from Steven L. Pawlack, He'pworth-
Pawlack Geotechnical, Inc. to Ron Heggemeier of February 22,1999.
J. Correspondence from Steven L. Pawlack, Hepworth Pawlack Geotechnical,Inc.
to Mike Staheli, LB Rose Ranch LLC of March 26,2003.
Exhibit 14
A- Corresponde,nce from David Steinmann, Professional Wetlands Consulting,Inc.
to Ron Heggemeier of Novemb er 25,1997 submitted in submitted wittl PUD application
and provided herewith as Exhibit l4A, with following attachments:
Correspondence form Grady L. McNure, Chief, Northwestern Colorado
Regulatory Office, U.S. Amry Corps of Engineers of July 31, 1997; and
REPORT ON WETLA]'{DS DELINEATION ENDA}{GERED SPECIES,
CULTURAL RESOURCES for TIIE ROSE RAI'ICH, prepared by
Professional Wetlands Consulting,Inc. of May 30,1997
B. Applicable provisions of Technical review performed by Michael J. Erion" P.E.,
Wright Wut., Engineers,Inc. of May 21,1998
C. Correspondence to Ron Heggemeier from David Steinmann, Professional
Wetlands Consulting,Irc., te;404 Wetlands Permitting at the Rose Ranch of
Noverrber 09, 1998.
D. Applicable provisions of Technical review performed by Michael J. Erion, P.8.,
Wright W"trr Engineers,Inc. of February 03, 1999 - submitted in response to Preliminary
Plan application.
E. Correspondence to Ron Heggemeier from Dariid Steinmann, Professional
Wetlands Consulting, Irc., re: Wetiands and North Dry Park Drainage at the Rose Ranch
ofFebruary 17,L999
F. Technical Review of Supplemental Information performed by Michapl Erion,
P.E., Wright Water Engineering, Irc, of February 23, L999.
G. Correspondence from Grady L. McNure, U.S. Army Corps of Engineers to David
Steinman, Professional Wetlands Consulting,Inc. of June 09, 1999, addressing
Nationwide General Permit Certification of Dry Park drainage cart path
H. Correspondence from David Steinman, Professional Wetlands Consulting, Inc. to
Mike Statreli rL: Section 404 Nationwide Permit 26 andWetlands Impacts at Rose
RancMron Bridge of February 28,2003.
i.
11.
ul
Exhibit 15 - Correspondence from Steven L. Pawlack, Hepworth Pawlack Geotechnical,Inc. toMike Staheli, LB Rose Ranch LLC of March Z4,2OOi.
Exhibit 16 - Land Title Guarantee Company, Commitnent for Title Insurance - Order No.GW240393
I
Exhibit 17 - Existing Conditions map prepareg-ly lieh County Engineering, Inc @ebruary1998) and Tree Inventory & Analysis prepared tf, Norris Dullae Coriprny llirnrf Z, lDgi) '
Exhibit 18
A' ROSE RANCH WILDLIFE REPORT, prepared by Kirk H. Beattie, ph.D, BeattieNatural Resources Consulting, Inc. (September26, lg97)
B. Correspondence to Nonis Dullae Company from Kirk H. Beattie, ph.D, BeattieNatural Resources Consulting,Inc. of February 19, l99g
C. Correspondence from Kevin Wright, Distict Vfildlife Manager, Colorado
Division of Wildlife, to Victoria Giannola of May 04, l99g
Exhibit 19
A' DRAINAGE REPORT FOR ROSE RAI{CH P.U.D., Garfield County, Colorado,
SKETCH PLAN SUBMITTAL,Ir_epgedlbv High Country ingineering,Inc. on tuly 7,
1997 @evised February t2,1998) (HCE Job No. 91042.02)
I: . - Applicable provisions of Technical review performed by Michael J. Erion, p.E.,
Wright Water Engineers,Inc. of May Zl,l99B
C. DRAINAGE REPORT FOR ROSE RANCH P.U.D., Garfield County, Colorado,PRELIMINARY PLAII SUBMITTAL, prepared by High County Engineering, Inc. on
October 15, 1998 (HCE Job No. 97042.04).
D. MAINTENANCE PLAN foT ROSE RANCH,S BEST MANAGEMENT
PRACTICES - WATER QUALITY & DRAINAGE STRUCTURES, prepared by High
Country Engineering,Inc on October 15, 1998.
E. Applicabte.provisions of Technical review performed by Michael J. Eriorq p.E.,
Wright Water Engineers, Inc. of February 03, 1999
F. Correspondence from Joe Hope, High County [ngineering, Irc., to Victoria
Giannola re: CR 109 Culvert Crossing of February 22,1919.
G. Correspondence from Jonathan L. White, Colorado Geological Suwey, to Victoria
lv
Giarurola re: Cart Path Alignment Review of February 22,1999
H. Correspondence from Timothy A. Thulson to Don DeFord of June 12,2OOZ -
submitted in response to construction changes.
DRAINAGE REPORT, ROSE RAIICH P.U.D., prepared by High Country
Engineering,Inc on April 03,2003,
Exhibit 20
A.
B.
c.
D.
CaseNo.96CW3l9
Case No. g7CW236
Case No. 00CW0l9
Water Engineering Report, Zancanella and Associates, Inc. (20-Feb-98)
E. ROARING FORK WATER & SANITATION DISTRICT LB ROSE RANCH
LLC PRE-INCLUSION AGREEMENT (Domestic Water Service)
F'. Board of County Commissioner ResolutionNo. 2OOl-28.
G. ORDER FOR INCLUSION OF REAL PROPERTY, Case No. 94CV29,
District Court, Garfield County, Colorado
H. Roaring Fork Water & Sanitation District domestic water supply test results.
Exhibit 21 . ROARING FORK VTATER & SANITATION DISTRICT ROARING FORK
INVESTMENTS, LLC PRE-INCLUSION AGREEMENT (Sewer S ervice)
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I l5llll lllil lllll lilll llllll ll I ill lll il I llll lll I ll
569193 O9/ll/2OOO O5tO9P BI?OG P640 1l RLSD0RF
1 ol 22 R 110"00 D O.OO GRRFIELD C0UNTY C0
ROARING FORK WATER & SANITATION DISTRICT
ROARING FORK IIYVESTMENTS, LLC
PRE.INCLUSION AGREEMENT
.d. THIS PRE-INCLUSION AGREEMENT is made and entered into this ,slaay ot-f6*"ry, 1999by and between the Roaring Fgrk Water & Sanitation Distict (formerly the
"Aspen Glen Water & Sanitation District'), a polorado special district, whose address is9929
Highway 82, Carbondale, Colorado 816231"District'), Roaring Fork Investnents, LI.C whose
address is 19555 E. Mainsneet, Suite 200, Par[er, 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-l-101 et. seq. (West Supp. 1998) and the District's "Serice 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 '
; *::#i#J*I$#H:i;f1ffi[iffitil::il:3ffi';]rlt':*'1r::**#ilH'lr"i
l
WHEREAS, instant to future possible expansions and/or extensions of the DisEict's
sewer heatment facilities, the Rose Ranch Property has been deerned under the Disfrict's Senrice
Plan to constitute, "[r]eal properly capable of being served by the facilities of the Distict..." as
that phase is used in C.R.S. $ 32-l-401, for purposes of the inclusion of real properly within a
special district; and
WHEREAS, as provided by the ouT-oF-DISTRICT SEWER SERVICE AGREEMENT
("Out-of-District Contact') 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 Contact; and
WHEREAS, under the Annexation Policy set forth within the District's Service Plan and
the provisions of the Out-of-Dishict Contract Roaring Fork may, in lieu of receiving District
sewer seryice 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
RECEIVEDAU6 O 61999
GARFIELD COUI{FY
PTANNING DEPARTMENT
109 8TH ST.. SUITE 3GI
eueNwooo SPR|NGS, CO 8l@t
ilIilil ilil| lilil ilil rfilll ll ill I til ilill il ll[ ll
569193 O9/ll/2OO0 05:09P BI2OA P641 ]l RLSDORF
2 ot 22 R 110.OO D 0.00 GRRFIELD COUNTY C0
WHEREAS, Roaring Fork has received from the County, planned unit development
zoning approval ('?UD') 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 l087,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 Distict's Senrice
Plan; and
WHEREAS, Roaring Fork has filed with the County a combined application forPUD
amendment and preliminaryplan, 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 PIJD, if approved, the Rose Ranch
Property will require se\Mer service from the District in the total amount of 354 EQR's
("Maximum Service Dernand'); and
WHEREAS, the District's wastewater treatment plant ("Ireatnent Plant'), as presently
designed and constructed, has the capacity to provide seryice to 106,800 gpd of total sanitary
sewer flow, (or approximately 356 EQR's as defined in the District's Service PIan) and although
unused treatnent capacity presently exists in the Treatment Plant all of such unused treafinent
capacity is presently committed to previously approved developments within the Diskict's
boundaries. Therefore, the Treatrnent Plant will need to be expanded to accommodate the
Maximum Service Demand of the Rose Ranch Property; and
:
WHEREAS, the Distict's Service PIan and the Treatnent Plant design provide for the
construction of treatnent capacity expansions in increments or phases of 106,800 gld or
approximately 356 EQR's perphase; and
WHEREAS, Roaring Fork is required under its PUD approval, to:
[s]ecure a firm commitnent of adequate sewage keatnrent, as well as an agreed
method of financial security, from the Roaring Fork rr)t/ater & Sanitation District
through [sic] committed number of taps for the project to be guaranteed at
preliminaryplan; 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 Treahnent Plant in the amount required to se,lrrice the Rose Ranch
Property at is Ma:rimum Service Demand. For purposes of this agreement the term Plant
Dr afi P re-inclusion A greement
Rose Ranch/RFW&SD
Page 2
illllil llill fiil1 ltilffilll il lfllll lll rulIlLLLll
b6siaig -o6zlttzoss 05:oeP Btzoa P642 il RLSDoRF
3 ol 22 R 11O.OO D 0.00 GRRFIELD COUNTY C0
Expansion shall hereinafter refer to the expansion of the Treatrnent Plant capacity above
referenced; and
WHEREAS, C.R.S. $ 32-1-401 et. seq. and the Disfiict's Service Plan provide
requirements and procedures for the annexation and inclusion of property into the District, and
specifically, C.R.S. g 32-l-402(1Xc) provides that agreements may be entered into, "[b]etween a
board and the owneni of property sought to be included in a special district with reqpect to fees,
charges, terms and conditions on which such property may be included."; and
WHEREAS, C.R.S. $$ 31-1-1001(lxd) and 31-35-402(l)(D authorize the District to
require reimbursement of its out-of-pocket costs in providing services to the Disfrict's customeG,
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 Distict.
NOW TIIEREFORE, for and in consideration of the mutual covenants and promises of
the parties, and other good and valuable consideration, the adequacy and sufficie,lrcy ofwhich is
hereby acknowledged and confessed, the District and Roaring Fork, on behalf of themselves,
their successols, assigns, heirs, devisees and/or transferees, agree as follows:
Section I.
Inclusion/ Exclusion of Rose Ranch Property
l. 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-l-401, a petition to have the Rose Ranch Propemy included within the
Service Area of the District. For the purpose of interpreting this provision, Roaring Fork
and the Distict agreethat the Rose Ranch Property shalt 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
Govemment.
D r aft Pr* inclus ion A gr e em ent
Rose Rancly'WW&SD
Page i
3.
illllil ilil| lllil til] Hill il lLililt il ilil il [r I
s69193 O9/ll/2oOO oSzOgP B72OO P643 l'l RLSDORF
4 ol 22 R 110.OO D 0.00 GRRFIELD COUNTY C0
Reimbursernent of District Costs. Roaring Fork shall reimburse the Distict all actual
costs incurred by the District relating to the inclusion of the Rose Ranch property within
the District including all engineering, Iegal, inspection, filing or recording feis and
related expenses, on receipt of itemized biltings for those services from the Distict. 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 evelrt the
District is forced to pursue collection 9f any amounts due and unpaid under this
provision, it shall be entitled to collectlattorney fees, filing and lien recording fees
incurred in such collection efforts in addition to the unpaid amounts due, plus interest.
I
Provision of 'W'ater Service. Under the terms and conditions ofthe District's Senrice plan
as presently approved, the District may not provide domestic water service to properties
outside its initial boundaries (i.e., the Aspen Glen PUD), eithertlrough 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 watetr
lines and facilities to the Rose Ranch Property for the purpose ofproviding domestic
water seryice thereto, or to assume any management or administrative dutiis or
responsibilities relating to the provision of domestic water service to the Rose Ranch
Properry. In accordance with the above, and pursuant to C.R.S. $ 32-l-1006 (l)(b)@, the
District hereby designates the Rose Ranch Property as a sewe,r-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 thdt it would be feasible and for the gooi of the
entire District to extend its water lines tb the Rosre Ranch Property for thJpurpose of
providing domestic water service thereto. The parties acknowledge and "gr"J*rrt tt "District may not make such finding until and unless (i) the Disnict and Roaring Fork
enter into a separate agreement for the provision of domestic water senrice to tt
"
Rort
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 serrdce
thereto.
Dishict Charges. Upon being annexed within the District and pursuant to C.R.S. $ 32-l-
a02Q)@),the Rose Ranch Property shall be, subject to the following limitations,liable
for its proportionate share of the ta,xes 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
4.
Drafi Pre-inclusion Agreement
Rose Rancly'RFW&SD
Page 4
5.
tlllil ililr illlll llll llllll il llll ll il lll ll lil Lll
SSgrSg Oglltlzo00 O3t09P 81206 P64l lt RLSD0RF
5 ol 22 R 110.OO D O.00 GRRFIELD COUNTY C0
incurred by the Diskict relating solely to the provision by the Distict of sewer
service to the Rose Ranch Property; and
B. any and all service billings or charges as the same are defined under the Distict'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 Dishict
sewer senrice. Nothing in thislsubparagraph shall be constnred to prohibit the
District from assessing stand-b! 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 assesdes stand-by charges to all property within its
boundaries.
Exclusion of Rose Ranch Propertv. In the event Roaring Fork and/or the Distict are
unable to satisff the conditions set forth within this Agreement and/or are otheru'ise
unable to satisfactorily perform thereunder, Rose Ranch shall, pursuant to C.R.S. $ 32-l-
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. S 32-l-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 Dishict of sanitary sewer service to the Rose Ranch Property
shall be govemed exclusively under the terms and provisions of the Out-of-Distict
Senrice Contract incorporated within the Service Plan as Exhibit L.
Section II.
Treatment Plant Expansion Payment
Financing for Plant Expansion. Following inclusion of the Rose Ranch Property wittrin 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 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
such other form of security as may be acceptable to the Distict and the County, in
the amount set forth in Paragraph 1.A. of this Section.
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 Propertyl
1.
D rafi P r e-inc fu sion A greemant
RoseRancldWW&SD
Page 5
3.
Ittulullll|4flqHu! r lH l:uqr]llrfr
6 ot 22 R 110. oo D o.oo GnnFiiub-iouiirV-;6-''
Separate Account. All funds paid by Roaring Fork under this Agreement forpurposes 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 consfuction of the Plant Expansion. Said funds shall not be withdrawn by
the District or pledged by the Dishict 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 IfI.
Construction of Plant Expansion
Project Control. The District shall have exclusive conhol, authority and responsibility over
all matters related or pertaining to the permitting, planning and constnrction of the Plant
Expansion
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 Dishict 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 teatrnent plant technology that is required as a result of more stingent
discharge parameters, together with a pro-rata share of plant improvements that benefit the
entire District and not just the Rose Ranch Properly (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 Distict
within thirty (30) days of its receipt ofthe same, all reasonable costs and expenses
incurred by the District in preparing the District Engineer,s report.
Objections to the District Eneineer'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. Ifno
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. IfRoaring Fork
provides written notice of objections to the District pursuant to this provision, the Distict
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.
l.
2.
3.
Drafi Pre-inclusion A greement
Rose Ranch/RFW&SD
Page 6
4.
lllllll lllll llill lllll lllll lll l.lllrlllll]lilllllfl
bFtib'to-6711Izsod 05:0eP Btzoa P646 lt RLSDoRF
1- o0 22 R llO.OO D O.oO GRRFIELD COUNTY C0
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 front-end cash payment in the amount constituting the difference between the
arnount paid to the Distict by Roaring Fork pursuant to Section II and the total
amount of costs set forth in the District Engineer's report, whichpaymelrt shall
immediately be deposited by the District in the account maintained by it under
Section II; or
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.
Cost Ovemrns. If, subsequent to the acceptance by Roaring Fork ofthe costs set forth in
tfre Oistrict Engineer's re,port of updated costs pursuant to Paragraph 2 ofthis Sectio& the
District incurs i'Cost Ovemms" during the permitting, planning and constnrction of the
Plant Expansion, the District shall immediately provide written notice to Roaring Fork of
the nature and extent of said Cost Ovemrns. For purposes of this provisiog "Cost
Ovemrns" 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 rit forth within the District Engineer's report and accepted by Roaring
Fork. Within five(S) days of receipt of such notice, Roaring Fork shall provide writte,lr
notice to the District of the objections ofRoaring Fork, if any, to the Cost Ovemtns
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 Ovemrns 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.
Payment of Cost Overruns. Roaring Fork shall pay to the Disfiict the total artount for all
Cost Ovemrns within thirty (30) days of its' acceptance of the silme pursuant to Paragraph
5 ofthis Section.
Notice to District. In order to facilitate the Dishict's ability to plan for and constnrct the
Plant Expansion, Roaring Fork shall timely provide to the Dishict 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.
A.
B.
5.
6.
7.
Dr aft Pre-inclus io n A gr e emant
Rose Ranch/RFW&SD
Page 7
llilltl l]ll ililt iltilffiill IIililil IffiIilIt]569193 09/tt/2000 05to9p 81206 p64? n ALsoonF-8 ot 22 R ltO.OO D O.0O GRRFIELD COUNTY CO
Section fV
Connection to District Facilities
l. Procedure for Connection to District Facilities. Upon providing written notice to the
District and satisffing all required provisions of this Agreement, Roaring Fork shall be
allowed to connect the Rose Ranch Property to the District's Treatmelrt Plant and receive
wastewater treatrnent service from the District.
I
Costs. Roaring Fork shall pay all infras[ructure costs for connection to the Distict,s sewer
system and Treatment Plant, including, but not limited to, the costs of intemal collection
lines, necessary external joint trunk or irlterceptor lines, outfall lines, lift stations, other
appurtenant collection facilities, and its own adminishative 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 pu{pose, Roaring Fork and
the District shall execute an appropriate reimbursement agreement incorporating terms no
less favorable to Roaring Fork than the terms cqntained in the Construction and
Reimbursement Agreement executed by the Diskict and Aspen Glen Golfpartrers and' incorporated within the Senrice Plan as Exhibit J.
3. Plans and Spepifications. All sewer lines and facilities on the Rose Ranch property shall
be constntcted and installed in accordance with the District's Rules and Regulations in
effect from time to time and all applicablp terms, conditions, restictions arrd schedulbs set
forttr in the subdivision approvals issuedlby the County for the Rose Ranch property. fire
Parties acknowledge that the infrastuctuie to be irlstalied within the Rose RancL pioperty
will be constntcted by Roaring Fork in accordance with the phasing schedules set forth
within the applicable subdivision approvals issued by the County zu tt. 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 thfuty (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 Dishict. 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 speci$ring the approved plans and specifications to provide both parties
certainty as to the agreed upon plans and specifications.
Drafi Pre-inclusion Agreement
Rose Ranch/RFV&SD
Page 6
5.
6.
ililtil iltil ililt tilt Llill il [il ] ilr |lil] I ll llll
569193 O9/7ll2OOO 05:09P BI2OA P648 1l RLSDORF
9 ol 22 R ILO.0O D O.O0 GRRFIELD C0UNTY C0
Change Orders. To facilitate completion of the facilities on the Rose Ranch Property in
accordance with the rules and regulations of the Diskict, Roaring Fork, its' contactors and
agents may propose reasonable change orders, of which Roaring Fork shall provide the
District with notice and copy of the szrme. 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 altemative(s)
which will not result in unreasonable delay. If the District fails to approye 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.
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 Distict for the
reasonable actual costs of such inspections
Wananty. Roaring Fork shall warrant all facilities conveyed to the District for aperiod 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
worlananship for a time period of two (2) years.
Dedication ofFacilities: Lien Waivers. Within ten (10) days ofthe certification date,
Roaring Fork shall dedicate and convey to the District by appropriate instnrments 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 thifly (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.
Conveyance of Easements. Roaring Fork shall by special warranty deed convey to the
District nonexclusive easements necessary for the Disfict to maintain, opetrate, repar, 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 Distict 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
7.
Dr afi Pre-inclusion Agreement
RoseRarch/RFW&SD
Page 9
9.
10.
lFlllliul|ll4tllul!,!! ll,lJ llu,',ultfltlrto ot zz R tto.oo o 0.oo dRFieLi courfi-ao-"
notifi 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) andthe"'
user(s) thereof. All easements conveyed or established pursuant to this paragraph shall beand hereby are subject to the obligation of the District to repair *a r"u.!.tuf, disturbed
areas to a condition and grade substantially similar to that which existediefore thedisturbance
,
Control ofFacilities. Once conveyed tp the Dishict, and subject to the warrantyprovisions of Paragraph 6 of this Secti{n, the Distict shall bi solely responsible foroperation, maintenance, repatr, and repfaconent of all facilities tocatea rpo, tt
"
no*
1*-"1Ploperty wtich are dedicated to the District. The District shall
"t "ff
ti-6 Lfo","the district facilities in an economical manner, and shall make repairs ana reptacerrents toassure continuous operation. L
Release of Securiqv- Completion of construction of all facilities required to be constuctedon the Rose Ranch Property under this Section shall be secured *A* the applicableSubdivision Improvements Agreements to be executed by Roaring Fork wth the Countyinstant to the final platting of the Rose Ranch Property. irior to the release of saidsecurity by the county, Roaring Fork shafl provide ,"ti.fr.tory ,rid;;;l; tl. co*tythat the dedications and conveyances required under Paragraphs 7 andg of this Sectiou
have been made to the District.
Section V.
Calculation of Tap Fees
and Payment of Cominon Eldment Surcharge
1' Transfer of Tap Rights. The right to receive one EQR of sanitary sewetr serrrice andwastewater treatment capacity from the District's facilities shall-be known ds a..TapRight"' Upon receiving from Roaring Fork pursuant to Section II, paragraph I financingfor the Plant Expansion, the District shall assign to Roaring Fork in the form ofprepaid'"Iap Fees" all the Tap Rights that will be created by such it*t Expansion.
2. . AII of the Tap Rights assigned toRoaring Fork under Paragraph I of this Section, shall be deemed "p-port**t to the RoseRanch Property and as such, shall not be assigned, hansferred or.oor.y"d by the Districtor Roaring Fgrk to secure or provide Dishict sanitary sewer senrice to ottrer iroperties' located outside the Rose Ranch Property without the prior written consent of the Courty,the Disfict 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;
Drafi Pre-inclusion A gr eernent
Rose Ranch/R-FW&SD
Page I0
rlllilt ililt ililt llllt lllilt il ilfl llilt ilillt I ILlt569193 O9/t1/2000 O5:O9P BI2OA P650 tt RLSDORF
11 of 22 R llO.OO D 0.00 G0RFIELD C0UNTY C0
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 [, m 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 tq adjust the same no more than one time annually
and shall provide written notice bf such modified tan fee to the Tlistrict no less thrand shall provide written notice pf such modified tap fee to the Distict no less than--t-------
twenty (20) days prior to the datb any such change is to be impleme,nted by the
District.
I
B. An amount ('Capital Reserve') to be established by the District at its sole
discretion which amount shall be:
l. based upon the estimated required future capital repair/replacement costs to
be incurred by the Diskict instant to the continued operation of the
Treatrnent Plant and sewer facilities; and
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.
PaYment of Common Element Surcharsdf The Co{nmon Elernent Surcharge represents a
per EQR charge for the oversizing of facilities preiiously 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 (l)
payment prior to the date that Roaring Fork is allowed to make any physical corurection
from any of the Rose Ranch Property to the District's wastewater treatnent plant. It is the
express intent of the parties that none of the Rose Ranch properly shall be entitled to
physically connect to the District's facilities or receive wastewater treatnelrt service
therefrom until Roaring Fork pays the District the Common Element Surcharge as
provided in this paragraph.
2.
4.
Drafi Pre-inclus ion Agreenent
Rose RancldRFW&SD
Page I I
tlllililill llllil llllllllll il llil ll lil lll llll I ll
569193 il9/11/2OOO O5z09P 81206 P651 1'l RLSD0RF
t2 oJ 22 R 7IO.OO D O.00 GRRFIELD COUI{TY C0
Section YI
Conditions to District Service
1. District Service Conditions. The District's obligations to provide sew€r se,lrrice 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 Distict sewer serrrice; and
C. receipt by the District pursuant to Section II, Paragraph l, 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 requirernants 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
wriuen evidence that Roaring Fork has been paid the'lfap Fee" applicable to thelot 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 Forlc under
Section Itr and Section tV; and '
H. Satisfaction by Roaring Fork of any other term and condition required of it under
this Agreement.
2. Reimbursement to Roarine Fork. In the event the lot owner requesting District Sewer
senrice 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 ponion 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
Dr afi P re- in c lus ion Agr eement
Rose Ranch/RFW&SD
Page l2
t3 of 22 R tto.oo D o.o0 GnRFier-o coiiuitto'-
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 turn. *it", 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 rc.ttributable to
Treatment Plant expansion or systems enlargeraent.
Section YIf
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 diJpute. In
the event this process.of settlernent fails, the parties agree to resolve such dispute by arbitation 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 \IIU
Complia nce with Rules an d Regu lations/lYon-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 custdmers wi*rio tne
Rose Ranch Property shall be bound by and comply with the District Rules and Regulations
applicable to properties within the District as the same maybe amended from time to time.
Section IX
Audits, Reports and fnspections
The District shalt maintain the records, accounts, and audits required by statute or which
would be kept under normal business practice, and copies of such ,rroid, sfrAi Ue provided to
Roaring Fork upon request. Each party shall keep full and accurate records of all Constuction
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 Distict,s
Rules and Regulations, and Roaring Fork shall, upon notice to theDisfrict, have the right to
inspect the Dishict's wastewater treatnent plant, sewer lines, lift stations, and other aplurtenant
facilities.
Draft Pre-inclus ion A greement
Rose RancldRFW&SD
Page I3
569193 09/ l7/2OgO OS zO9P
14 of 22 R 17O.OO D O.OO
rll]il ililt il[il ]ffi [][ lll Llllll lil lllll lll Lll
81204 P653 tt RLSDoRF
GRRFIELD COUNTY CO
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 l0 and Section
V, Paragraph 2.
Section XI
GeneraliProvisions
l. Termination. This Agreement shall Ue i| rut 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 treatrnent facitity, 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 constnrction of additional
Common Elements, wastewater treatnent 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.
Compliance with State and Federal Law. This Agreernent shall not be construed to bp in
violation with the laws of the United Statps or the State of Colorado, nor in any manner
which adversely affects or diminishes the financing capabilities of the District.
Enforcement: Specific Performance. In the event'of any material failure by either parly
hereto to comply with the terms of this Agreement, the otherparty 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 Agpee,lne,lrt shall
be construed in accordance with the laws of the State of Colorado, including the Special
District Act, C.R.S. $$ 32-l-101, et. seq.
Non-Merger. Each party's obligations under this Agreement shall be assignablc to any
grantee, purchaser, transferee, or assignee of the party's interest, and shall survive any
such conveyance, purchase, transfer, or assignment.
Covenants: Recording. The provisions of this Agreement shall constitute cove,lrants
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
D r aft P r e-in c lus io n A gr e em ent
Rose RancldkFW&SD
Page I4
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
ilililr ililr ililt ilil il][ ilt ililt ilt I il [ ilt lllt
569193 O9/ll/29O0 05:09P B[2OA P654 il RLSD0RF
15 of 22 R llO.OO D O.00 GRRFIELD COUNTY C0
District services on the Rose Ranch Property, and all owners, tenants or other persons who
occupy units or reside upon the Rose Ranch Property.
Attorneys' Fees. Each party shall bear its own attorneys' fees incurred in the negotiation,
execution, and implementation of this Agreement. However, in the event arbihation or
litigation is necessary to enforce the rights of the parties to this Agreement, as between
themselves, the prevailing party in suc! arbitation or litigation shall be entitled to
reasonable attorneys' fees and costs ac$ally incurred
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.
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 ofthis Agreement
shall be appurtenant to the property conveyed.
Authority. Each person executing this Agreement represents and warants that he has been
duly authorized by the parfy which he purports to represent to execute this Agreement, and
has authority to bind said party to the terms and conditions of this Agreement.
No WaivEr. No provision of this Agreement may be waived except by an.agreement in
writing signed by the waiving party. A draiver g{py term or provision shall not be
construed as a waiver of any other term or provision
Headings. The paragraph headings in this Agreement shall not be used in the constuction
or interpretation hereofl, as they have no substantive effect, and are for convenience only.
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.
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 theUnited 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.
D r afi Pre-inc lus ion A gr eem ent
Rose RaucARFW&SD
Page 15
LLUtl lul llllltulluilr ilil ffiIt ilt l]tililt tilt56s1s3 o9/tt/2oo0 05:0ep Bt2o6 psss r Ar-Eobifi'16 of 22 n fiO.O0 D O.00 GRRFIELD COUNTY CO
Notice to:
With copy to:
Notice to:
With copy to:
Notice to:
Drafi Pre-inclusion AgTeement
Rose Ranch/RFW&SD
Page 16
Roaring Fork Water and Sanitation District
9929 Highway 82
Carbondale, Colorado 81623
Lawrence R. Green
Balcomb & GreenP.C.
P.O. Drawer790
Glenwood Springs, CO 81602
Roaring Fork Invesfinents, 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. Drawer790
Glenwood Springs, CO 81602
Garfield County Departnent of Building and Planning
Athr: Mark Bean
109 8o'Sfreet, Suite 303
Glenwood Springs, CO 81601
rIIlffi ililt ilril lillr lllil ilr r lllll ll! ilfl| ril m
569193 Ogllll2OOO O5zO9? BI2OO P656 l'l RLSDORF
1? of 22 R llO.OO D 0.00 GRRFIELD C0UNTY C0
IN WITNESS WHEREOF, the parties have executed this Agreernent in multiple originals
on the day and year first written above.
ROARING FORK IIWESTMENTS, LLC
ROARING FORK WATER AI{D SAIVITATION
DISTRICT
ARD OF COMMISStrONERS,
, COLORADO
d
Dr afl P re - inclus ion A gr eem ent
Rose Ranch/RFW&SD
Page 17
Presidemt
LHLIllll illlltillllll|-|Illltilt! ,t ilt ilil il|!t569193 09/t7/2000 05$gp 81206 pesz r-iisDbhF'18 of 22 R ttO.OO O 0.00 GRRFTELD COUNTY CO
ExHrer A
ROSE HANCN PNOPENTY DESCRIPTION
A PARCEL OF LAND SITUATED IN LOTS 4, 5, IO, II, 12, 13, 15, 16, 17,22,23, A1,28,
29, 30AND 34 0F SECTION 1 AND LOTS 2, 3, 4, 7, 8, 9, 12, 13, 15, 16 0F SECTION 12,
TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDI.AN,
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 GAPSIELD COUNTY CLERK AND RECORDER'S OFFICE, THE TRI.'E POINT OF
BEGINNING; THENCE S 59"20'23. E ALONG THE SOUTHERLY LINE OF SAID BOOK
590 AT PAGE 955, A DISTANCE OF 208.21FEET; THENCE CONTINUING ALONG SAID
SOUTHERLY LINE 563"47'19- E 60.78 FEET TO A REBARAND CAPL.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. #17488IN 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. #17488IN PLACE; THENCE
N 37'II'37" E ALONG THE EASTERLY LINE OF SAID BOOK 590 AT PAGE 955,298.5I
FEET TO A POINT ON THE CENTERLINE OF THE ROARING FORK RTVER; THENCE
THE FOLLOWING FTVE (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 6l'41'54',E 147.51FEET
4. S 34" lg'.s4n 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 00o42'38' E
ALONG THE EASTERLY LINE OF LOTS L7,22AND 29, ADISTANCE OF }I4O.7AFEET;
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 ofS
5.
6.
re or 22 R tto.oo o-s-.dh oiiFieli,courTy co
s 04'45'39', 8 390,41, FEET
S O8'01'5I'W 130.25 FEET TO THE SOUTHWEST CORNER OF SAID
PROPERTY; THENCE N 67O25'06, E ALONG THE SoUTHERLY LINE oF SAID
PROPERTY 2I1..OO FEET TO A POINT ON THE EASTERLY LINE OF LOT 9 OF SAID
SECTION 12; THENCE S N"22,11, E ALONG SAID EASTERLY LINE 606.90 FEET To
THE SOUTHEAST CORNER OF SAID LPT 9, A REBAR AND ALUMINUM CAP, IS
#22580,IN PLACE; THENCE s 03'11'58' [w ALoNG THE EAsTERLY LINE oF Lor 12
oF SAID SECTION 1274r.05 FEET To rqE souTHEAsr coRNER oF sArD LoT tz, e,
REBAR AND ALUMINI]M CAP IN PLACE; THENCE s 00"06,02, E ALONG THE
EASTERLY LINE OF LOT 16 OF SAID SECTION 12 555.52FEET 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 SUBDTVISION; TIIENCES 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 t6g.t4 FEET; THENCEN 87"58'25N W ALONG THE NORTHERLY LINE OF SAID PARCEL C 324.74 FEET;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL C ALONG TI{E ARC OF A
CURVE TO THE RIGHT HAVING A RADIUS OF 582.29 FEET AND A CENTRAL ANGLE
oF 17"52', 51u, A DISTANCE OF L81.72FEET (CHORD BEARS S 13.29'05' E 1g0.gg FEET)
TO A POINT ON THE NORTHERLY LINE OF SAID TELLER SPRINGS SI.JBDTVISION;
THENCE S 89"52'26' W ALONG SAID NORTHERLY LINE I74,OI FEET TO THd
NORTHWEST CORNER OF THE TELLER SPRINGS OPEN SPACE; THENSE LEAYING
SAID NORTHERLY LINE S 21O55'IO'' 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 TIIEREOF; THENCE S E9o59'08, W
ALONG THE NORTHERLY LINE OF SAID LOT 5 l6s.3s FEET; THENCE CONTINUINQALONG SAID NORTHERLY LINE N 45"01'42' w 28.27 FEETj THENCE CoNTINLJINGALONG SAID NORTHERLY LINE N 89O59'08'' W 855.53 FEET TO THE NORTTIWEST
CORNER OF SAID LOT 5, SAID POINT ALS O BEING ON THE EASTERLY RIGHT.OF.WAY
OF COUNTY ROAD NO. 109; TIIENCE THE FOLLOWING TWENTr-THREE (23) COURSES
ALONG SAID EASTERLY RIGHT-OF.WAY:1. N 13"15'0g" E 30.94 FEET2. N 13"40'41" E 96.97 FEET3. N 14026'34'E 9.37 FEET4. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADruS OF
263.67 FEET AND A CENTRAL ANGLE OF 22"42' I3U, A DISTANCE OF
104.48 FEET (CHORD BEARS N 03'05'28' E 103.80 FEET)5. N 09.15'39'W 721.97 FEET6. N 09"37'30* W 215.26 FEET
Rose Ranch Property
Exhibit A Page 2 of5
ilililt !llll llllil lll I lll ll lllll] lll lllllil I llll
569r$ Ogllt/zoo0 o5z09? 81206 P659 il RLSD0RF
2O of 22 R llO.OO D O.00 GRRFIELD C0UNTY C0
N 09"32',11',W 716.14 FEET
N 09'24',35',W t73g.g3 FEET
ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
187O.OO FEET AND A CENTRAL ANGLE OF 05'38'57N , A DISTANCE OF
184.38 FEET (CHORD BEARS N 06"35',06', W 184.30 FEET)
N 03"45'38* W 70.62 FEET
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)
N 12"45'01', W 250.30 FEET
ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
518.09 FEET AND A CENTRAL ANGLE OF 35'II'37O, A DISTANCE OF
3t8.23 FEET (CHORD BEARS N 30"20'49': W 313.26 FEET)
N 47"56'38', W 239.80 FEET
ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADruS OF
152O.OO FEET AND A CENTRAL ANGLE OF 14"05'17", A DISTANCE OF
373.74 FEET (CHORD BEARS N 40"53',59n W 372.80 FEET)
N 33'51'20', W 485.97 FEET
ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADruS OF
620.00 FEET AND A CENTRAL ANGLE OF 19'38'05U, A DISTANCE OF
212.47 FEET (CHORD BEARS N 43'40'23', W 211.43 FEET)
N 53'29'25* W 511.09 FEET
ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
47O.OO FEET AND A CENTRAL ANGLE OF 34"45'42", A DISTANCE OF
285.t5 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 3O'05'19O, A DISTANCE OF
325.59 FEET (CHORD BEARS N 03'41'04',W 321.86 FEET)
22. N 11'21',36u E 171.27 FEET '
23. . ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
38O.OO 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 RMR RIDGE P.U.D.; THENCE LEAVING SAID
EASTERLY RIGHT.OF-WAY N 19O24'30" E ALONG SAID SOUTHERLY LINE 83.25
FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S 65o25'04' E 20.16
FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 274.291
ACRES, MORE OR LESS.
Rose Ranch Property
Flhibit A
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Page 3 of 5
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zt ot 22 R tto.so D o.oo annFielo-Coi.iniV-66"'
TOGETHER WITH A PARCEL OF LAND SITUATED IN LOTS 23 AND 28 OF SECTION
1 AND LOTS 4,5,6,7, 14, THE NW1/4NWI/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 12Ig25.I5
FEET; THENCE LEAVING SAID NORTHERLY LINE S 01'19'06'W 100.00 FEET;
THENCE S 88o08'24'E 150.00 FEET; THENCE N 00o03'38'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"16'57u W ALONG THE WESTERLY LINE OF LOTS 28 AND
23 OF SAID SECTION 1 106I.60 FEET TO A POINT ON THE WESTERLY RIGHTOF-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" 8284.12 FEET)
s 12"45'01" 8247.15 FEET
ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
IO95,OO FEET AND A CENTRAL ANGLE OF 08"59'23", A DISTANCE OF
171.80 FEET (CHORD BEARS S 08"15'19'E t71.63 FEET)
s 03'45'39" 870.62 FEET
ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
193O.OO FEET AND A CENTRAL ANGLE OF 05"38'57", A DISTANCE OF
190.29 FEET (CHORD BEARS S 06.35'06. E 190.21FEET)6. S 09'24'35" E t73g.g6 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 l5.Ol 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. 402764156.56 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. 4027A, A
REBAR AND CAP IN PLACE; THENCE S 08'30'14' EALONG 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
Fihibit A
n
3.
4.
5.
Pag4of5
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411767,T4I.IIFEET TO THE NORTHWEST CORNER OF LOT 2IOF SAID SECTION 12,
ALSO BEING THE NORTHWEST CORNER OF TELLER SPRINGS SIJBDTVISION; TIIENCE
S OO"OO'34' W ALONG THE WESTERLY LINE OF SAID TELLER SPRINGS SI.'BDTVISIONAND THE EASTERLY LINE OF LOT 14 OF SAID SECTION 12768.25 FEET TO THE
SOUTHEAST CORNER OF SAID LOT 14; THENCE LEAVING THE WESTERLY LINE oFTELLER SPRINGS SUBDIVISION S 89'OO'59' W ALONG THE SOUTHERLY LINE OF
SAID LoT 14 468.99 FEET To THE SoUTFIwEsT CoRNER oF 5AID LoT ta; rnuNcr
N 00"22'13'E ALONG THE WESTERLY IIfNE OF SAID LOT 14 1378.08 FEET TO THE
NORTHWEST CORNER OF SAID LOT [A; THENCE N 89'07'53' W ALONG THE
SOUTHERLY LINE OF THE SW1/4NW 114 OF SAID SECTION 12 1347 .gI FEET TO THE
WEST QUARTER CORNER OF SAID SECTION 12, AN ALUMINI.]M CAP IN PLACE;
THENCE N OO'33'I4'W ALONG THE WESTERLY LINE OF SAID SECTION 122728.80
FEET TO THE TRUE POINT OF BEGINMNG, SAID PARCEL OF LAND CONTAIMNG
166.038 ACRES, MORE OR LESS.
Rose Ranch Property
E;,Itibit A Page 5 of 5
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