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HomeMy WebLinkAbout1.0 ApplicationSubdivision Application Preliminary Plan For the Sages at Aspen Glen Subdivision Garfield County, Colorado Applicant and Owner: Gerd Zeller ~~'E:6< 312.00 c~eltS~-D) Subdivision Application Preliminary Plan .for the Sages at Aspen Glen Subdivision Garfield County Colorado 1. 2. Applicant and Owner: Gerd Zeller Table of Contents Introductory Letter and Authorization Letter Subdivision Application Form (applicable pages) Pre Application Conference Summary; Ownership Documentation 3. Yield Plan-Not Applicable 4. Open Space Plan 5. Open Space Management Plan 6. Landscape Plan 7. Impact Analysis 8. Land Suitability Analysis 9. Lighting Plan-Not Applicable 10. Visual Analysis 11. Preliminary Engineering Reports 12. Draft of By-Laws, Subdivision Improvement Agreement and Covenants for Sages at Aspen Glen 13. Sages Vegetation Plan depicting vegetation inventory 14. Letter from Colorado Division of Wildlife Analyzing Wildlife and Migration Corridors. 15. Flattops Archaeological Consultants Report dated September 14, 2010. 16. Roaring Fork Water and Sanitation District "Will Serve" letter dated August 24, 2010. 1. 3. 17. 18. 20. 25. 30. 34. 39. 145. 197. 198. 200. 204. 17. 18. 19. Letter dated October 12, 2010 from Applicant to Garfield County Planning Department addressing application concerns. Preliminary Construction Plans for Sages at Aspen Glen Copies of Preliminary Plat for Sages at Aspen Glen. 205. 208. 217. TmoTHY E. WHtTStTr whitsitt@roar(l!g{orklaw.com Eaw J. Gnoss• efg@roaringforklaw.com 1Also admitted in Jlossachusettt Kathy Eastley Garfield County WHITSITT a Gaoss, P.c. LAWYERS 320 MAIN STREET, SurrE 200 CARDONDALE, COI:ORADO 81623 TELEPHONE: (970) 963-6363 FACS!lULE: (970) 963-6667 Jrme 24, 2010 Building and Plalllling Deparhnent 108 gth Street, Ste 401 Glenwood Springs, CO 81601 ADRIENNE c. RO\\'BERRY arowberl)o@'roaringforklaw.com CHERYL A. HAssELBRING Paralegal cheryl@roaring(orklaw.com RE: The Sages at Aspen Glen-Preliminary Plan Subdivision Application Dear Ms. Eastley: As you are aware, this office represents Gerd Zeller, the owner and applicant of the property known as the Sages at Aspen Glen. Please accept om application for Preliminru.y Plan Subdivision and Amendment to a Pla1med Unit Development. Pursuant to the Garfield County Land Use Code, you will fmd enclosed you will find one original two copies of each application. Please feel free to contact me should you require additional infonnation or have any questions. Thank you for yotn' consideration. EJG Enclosures Sincerely, WHITSITT & GROSS, P.C. Sages at Aspen Glen Preliminary Application Pagel ··--··-····-------------··--··--········-------- September 8, 2010 Kathy Eastley Garfield County Building and Planning 108 g1hstreet, Ste401 Glenwood Springs, CO 81601 RE: The Sages at Aspen Glen-Preliminary Plat Subdivision Application Dear Ms. Eastley: I, Gerd Zeller, the owner and applicant of the property known as the Sages at Aspen Olen, hereby give my permission and authority to Whitsitt & Gross P .c. to act on my behalf with respect to our application for Preliminary Plat Application and an Amendment to the PUD of Aspen Glen pursuant to the Garfield County Land Use Code. Please fuel free to contact me should you require additional information or have any questions. Thank you . Sincerely, Gerd Sages at Aspen Glen Preliminary Application Page2 ······-----·--------·-. .. ............... -.~.--.--.. ----~ .. ----------~-.. --·--:-·----:-~-~--:-·---:-·-:----· ... -..__,~---- (', () D ·~ --.-- GARFIELD COUN'fY aulldlng & Planning Dep~rtmenl 108 8 .. S!rea~ Sulle 401 Glenwood Springs, Colorado 61601 'felephone: 97o.945.6212 Facsimile: 970.384.3470 www.gaijleld-countv.com SUBDIVISION APPLICATION (OHHCK'I'Ht!BOX'I'HAi APPLIES) SKETCH PLAN (optional) CONSERVATION SUl3DIVISION PRELIMINARY PLAN ., PRELIMINARY PLAN AMENDMENT FINAl. PI-A 'I' D D 0 FINAL PLAT AMI:NDMENT I CORRECTION PLAT COMBINED PRELIMINARY PLAN & FINAL PLAT G~NEAAliNFORMI\liON (Proato ptllll~ ,. f:,!ao1e 2! EI'Q~ftrt~ own~r: GER!l ZELLER ,. Mailing Address: PO llOX 37 lelephone: L_J963 7454 )> Clly:ASl'EN State:~ Zip Code: 81 612 Cell: ( __ )H a 1221 ,. E-mail addresa:,..GMZ52@aol nom FAX: L }!!6 3-989 4 l" ~am!} o!Ql!!~a~s Bem:esell!allva,l{all\', (Aitorney, Elaoner, CQnsul!ant, !!lc}: )> Eric J Gross Whitsitt & Gross PC > Mailing Address: 320 Main Suite 200 re\ephone: c___363-6363 )> GUy: Cat: banda le Slate:,m_Zip Code:~C.ell: L_n79-9034 )> g.mall addrGSs: ejg@roaringforklal·l, com FAX:l___Y.63-6667 > ~ooatlon of Property: Section 13&.2.4 Township 7S Range 89W )> Aaaessor's Parcel Number: 2.3!15-.J:JA:r' __ · ..(l(L ..w.s __ )>. Pracllcal Location I Address of Property: . ~IID-GGlden Bear Drive.-· ... ,. Current Size of Prop&rty to be Subdivided On acres): 4,243 acr.e-a> .. ?.' ... ~~[Jlb~r ofTrac!s I Lots Created within the Proposed Subdivision: 10 . .. .... .. . . .. . ... .. . . . .. ............ . .... .... .. .. /Mf Revised 12124/08 ···-· Sages at Aspen Glen Preliminary Application Page 3 ---·--····------·· -----· ···················----· GENERAL INFORMATION continued ... )> Proposed Water Source: ROARING FORK SANITATION DISTRICT )> Proposed Method of Sewage Dlsposai:_---'S.,AwM:uE.__ _________ _ )> Proposed Public Access VIA: ASPEN GLEN PUD GOLDEN BEAR DR )> Easements: Utility: TWENTY FOOT WIDE UTILITY & LANDSCAPE Ditch: STORM WATER )> Total Development Area (fill In the appropriate boxes below): The following general application materials are required for all typos of subdivisions In Garfield County. Application materials that are specific to an Individual application typo {Conservallon Subdivision, Preliminary Plan, etc.) ere dstalled In Section 5-501 of Article V of the Unified Land Use Resolution {ULUR) of 2008, 1. Submit a completed and signed Application Form, an application fee, and a signed Agreement for Payment form. 2. A narrallve explaining the purpose of the appllcallon and supporting materials that address the standards and criteria found In Article VII of the Unlned Land Use Resolution of 2008. 3. Copy of the deed showing ownership. Aadlllonally, submit a letter from the property owner(s) If the owner Is being represented by another party other than the owner. If the property Is owned by a corporate entity (such as an LLC, LLLP, etc.) please submit a copy of recorded" Statement of Authority' demonstrating that the person signing the application has the authority to act In that capacity for the enllly. 2 Sages at Aspen Glen Preliminary Application Page4 ( ( ) "- GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall b& submiHed with app/loallon) GARFIELD COUNTY (hereinafter COUNTY) and G_f""_R_b_ M :-L.? L [..,-v'(_ ___ Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an E(pplicatlon for 'P?-c L• fVI• rvl¥l f fct?c'C $ Ji?J> I \J \ .S IQr---! (hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfield County_ Resolution-No. 98·09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3, OWNER and COUNTY agree that beca,use of the size, nature or scope of the proposed project, It Is not possible at this time to ascertain the full extent of the costs Involved In processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be bllled to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are Incurred. 4. The Base Fee shall be in addition· to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the Initial Base Fee, OWNER shall pay additional billings to COUN'fY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges \hat all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. Mailing Address: C.o Page4 p\cr; \7 Sa&es at Aspen Glen Prehmmary Application Page 5 ( \ 3, Final Plat, Amended Final Plat 4. Subdivision Improvement Agreement, if necessary The Director may allow the Preliminary Plan and the Final Plat process to be combined if the proposed subdivision has seven (7) parcels or less and development of the lots does · not require extensive engl eerlng. (Section 6-303) No submittal of a combined application shall be allo ),!1 he rector has made a determination after holding a pre-application conference. i have read t t e n s bove and have provided the required attached Information which Is carr d . c r e to the best of my knowledge. 8 Date Sages at Aspen Glen Preliminary Application Page 6 ( ( --------~------~---~~- GARFIELD COUNTY Building & Planning Department 108 8\h Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.Qarfleld-countv.com PRE-APPLICATION CONFERENCE SUMMARY bATE: February 26,2009 TAX Parcel Number•2395-241-00-405 UPDATED DECEMBER 4. 2009 PROJECT: The Sages at Aspen Glen 4.243 acres OWNER: Gerd Zeller REPRESENTATIVE: Jeff Mcintosh-SGM ERIC GROSS PRACIICAL LOCATION• within the Aspen Glen PUD adjacent to the reo.r gate and. CR109 TYPE OF APPUCATION• PUD Preliminary Plan.-PUD Amendment I. GENERAL PROJECT DESCRIPTlON Sketch Plan review (PC 12/10/08) was for 15 units configured as 7 SF, 1 Duplex and 2 Triplex lots. Comments from PC ranged from more density •. see minutes. AG HOA does not approve of triplex lots at this location and the applicant wants to do duplexes. However the PUD zoning provides restriction for duplex lots that the development proposal cannot meet,so the developer proposed triplexes. A PUD Amendment, concurrent with Preliminary Plan application, can request changing the restrictions that are prohfbiting creation of duplexes on two of the lots. This process fnvolves creating a 'new" Aspen Gleli zoning document Preliminary Plan requirements were discussed -plan should be submitted showing the above requested duplexes rather than triplex. Staff will present the two applications at the same hearfng with PUD Amendment decision being tnade first. II. REGULATORY PROVISIONS APPUCANT IS REQUIRED TO ADDRESS Comprehensive Plan, UWR Article IV., V., VI., and VII. Sages at Aspen Glen Preliminary Application Page 7 -··---· ~~-----------------~------------------ ( III. PROCESS In summary, the process will be the following: PC recommendation to BOCC Referral agencies sent request for comment .. . r n/a BOCC Once approvals al'e granted applicant can submit a final plat application compliant with any P1•eliminary Plan conditions of approval. Preliminary Plan approval is valid for one (1) year, a one·time, one-year extension can be requested to the BOCC. IV. APPLICATION REVIEW a. Review by: b. Public Hearing: c. Referral Agencies: Aspen Glen HOA Roo.d and Bridge Planning Engineer CDOT Fire District Staff for completeness recommendation and referral agencies for additional technical review ~Planning Commission ~ Board of County Commissioners Roaring Fork Water and Sanito.tion County Attorney Vegetation Manager Colorado Geologic Survey (required by state statute) Utility companies V. APPLICATION REVIEW FEES a. Planning Review fees: b. Referral Agency Fees: c.TOTAL $ 675.00 PP I $300 Text Amendment $ 950.00 {sepOI'ate check made out to CGS) $1,925.00 (additional hours are billed at $40.50/hour) Sages at Aspen Glen Preliminary Application Page 8 ------------------.-------- ( ' General Application Processing ( \ i Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approved with conditions, or'denlal to the appropriate hearing body. Disclaimer . The foregoing summary is advisory in nature only and is not binding on the County. The summary Is based on current ~onlng, which is subJect to change In the future, and upon factual representations that may or may not be accurate. This summary' does not create a legal or vested right. December 4,2009 Sages at Aspen Glen Preliminary Application Page9 ( ----------·····-·····~ -----··-···-·-----· -------~~-----.... -.... ·-----~-------------------~- stewart title Roaring Fork Division View your transaction progress 2417 via SureCiose. Ask us about your login today! 60 South 8ili Street, Suite 101 Carbondale, Colorado 81623 Phone: 970-704-1000 Fax: 970-704-0205 Date: Order Number: Buyer: Seller: PropertyThe Sages at Aspen Glen The Sages at Aspen Glen June9, 2010 929788 Gerd Zeller The Sages at Aspen Glen Please direct all Closing inquiries to: Mary L. Scheurich Phone: 970-704-1000 Email Address: mary.scbeurich@stewart.com SELLER: Gerd Zeller P0Box37 Aspen, Colorado 81612 LISTING BROKER: Whitsitt and Gross1 PC Attn: Eric Gross 320 Main Street Suite 200 Carbondale, Colorado 81623 Phone: (970) 963-6363 Fax: (970) 963-6667 Please dh·ect all Title inquiries to: ChuckDom Phone: 970-704-1000 Email Address: cdom@stewart.com SELLING BROKER: None Phone: Sages at Aspen Glen Preliminary Application Page 10 ( I ( ALTA Commifme11t (6/17/06) ----~-----------~---·----- ALTA Commitment Fonn COMMITMENT FOR TITLE INSURANCE Issued by c§!2Ya¥~!! Stewart Title Guaranty Company, a Texas Corporation ("Company''), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of tbe Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of thls Commitment. This Commitment shall be effective only when the identity ofthe Proposed Insured and the amount of the policy or policies committed for have been inselted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. Thls commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewatt Title Guaranty Company has caused its cotporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: Q-c-:~7\\..------. A1llhorlze1 CoUD.Iflll&natnrc Stewart Title Roaring Fork Division 60 South 8~ Street, Suite 101 Carbondale, Colorado 81623 Phone: 970· 704·1000 Fax: 970·704·0205 Order Number: 929788 Title Officer: Susan Sarver ~4 President ALTA Commitment (6117106) Sages at Aspen Glen Preliminary Application Page II ( ----------------------------------- COMMITMENT FOR TITLE INSURANCE SCHEDULE A I. Effective Date: May 28, 2010 at 8:00a.m. 2. Policy or Policies To Be Issued: Order Number: 929788 Title Officer: Susan Sarver Amount of Insurance: (a) A.L.T.A. Owner's (Extended) Proposed Insured: To Be Determined (b) A.L.T.A. Loan Proposed Insured: (Standard) To Be Determined, its successors and/or assigns 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: GerdZeller 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Statement of Charges: These charges are due and payable before a Policy can be issued: To Be Determined $TBD $TBD Sages at Aspen Glen Preliminary Application Page 12 ( -------··--·-·-------·--····---··--· ---··----- SCHEDULE A LEGAL DESCRIPTION A tract of land situate in Section 13, Township 7 South, Range 89 West of the 6th Principal Meridian being more particularly described as follows: Beginning at a point on the easterly right of way line of County Road 109 and the west line of2'4 Amended Plat of Golf Course Parcel 9, Aspen Glen, Filing No. 1, County of Garfield, State of Colorado whence the W 114 comer of Section 20, Township 7 South, Range 88 West ofthe 6"' Principal Meridian bearsS 57'23'01" E 5194.26 feet; thence along the west line of said Golf Course Parcel 9 the following courses: N 79'46'03" E, 87.38 feet; thence, S 29'23'03" E, 308.37 feet; thence, S 74'11'52" E, 10.61 feet; thence, S 29'23'03" E, 440.20 feet; thence, S 53'16'43" E, 36.29 feet; thence, S 14'34'35" E, 84.79 feet; feet to the north right of way line of Golden Bear Drive as shown on plat of Aspen Glen, Filing No.6, County of Garfield, State of Colorado; thence along said no11h right of way line tl1e following courses: thence 45.51 feet along the arc of a 814.50 feet radius non tangent curve to the left, having a central angle of 3'12'05" and subtending a chord bearingS 75'32'33" W 45.50 feet; thence 29.03 feet along the arc of a 199.75 feet radius curve to the right, having a central angle of8'19'39" and subtending a chord bearingS 78'06'20" W 29.01 feet; thence S 82'16'09" W, 45.30 feet; thence 61.73 feet along the arc of a 200.25 feet radius curve to the left, having a central angle of 17'39'47" and subtendinga chord bearingS 73'26'16" W 61.49 feet; thence 55,09 feet along the arc ofa 833.67 feet radius curve to the left, having a central angle of3'47'll" and subtending a chord bearingS 62'42'47" W 55.08 feet; thence 38.40 feet along the arc of a 47.50 feet radius curve to the fight, having a central angle of 46'19'29" and subtending a chord bearingS 83'58'56" W37.37 feet to the east right of way line of County Road 109; thence, along said east right of way line the following courses: thence, N 29'02'45" W, 166.98 feet; thence, N20'41'20" W, 11.95 feet; thence 545.79 feet along the arc of a 1635.67 feet radius non tangent curve to the right, having a central angle of 19'07'06" and subtending a chord bearing N 16'06'57" W 543.26 feet; thence, N 06'33'24" W, 135.34 feet; to the point of beginning. County of Garfield, State of Colorado Sages at Aspen Glen Preliminary Application Page 13 Order Number: 929788 ·-----···---------c- COMMITMENT FOR TITLE INSURANCE SCHEDULE B -Section 1 REQUIREMENTS The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewa1t Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. · NOTE: If work has been performed on, Ol' in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment 5. Payment of any and all Homeowners assessments and expenses which may be assessed to the property. 6. THE FOLLOWING REQUill.EMENT IS FOR DELETION OF SURVEY EXCEPTIONS 2 AND 3 OF THE OWNERS POLICY: A SURVEY, meeting the minimum detail standards of the ALTAJACSM, Survey OR IMPROVEMENT LOCATION CERTIFICATE, prepared by a registered Colorado surveyor, within the last TWO MONTHS, must be presented to Stewart Title Guaranty Company, for its approval prior to the deletion of any survey exceptions from the OWNERS POLICY. Stewart Title Guaranty reserves the right to take exception to any adverse matters as shown on said survey, or make fmther inquiry or requirements relative thereto. Said Survey, must be certified to Stewart Title of Colorado and/or Stewart Title Guaranty Company. 7. Stewart Title of Colorado, Inc. -Carbondale Division reserves the rightto add and/or delete requirements and/or exceptions upon disclosure of additional information relating to subject property. Sages at Aspen Glen Preliminary Application Page 14 Order Number: 929788 COMMITMENT FOR TITLE INSURANCE SCHEDULE B-Section 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of pa11ies in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter fumished, imposed by law and not shown by the public records. 5. Defects, liens, encumb1·ances, adverse claims or other matters, if any, created, first appearing In the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conseiVation or other district or inclusion in any water service or street improvement area. 10. Reservations or exceptlons contained in U.S. Patents, or in Acts authorizing the issuance thereo( recorded July 25, 1894 in Book 12 at Page 332 as Reception No. 17522. reserving 1) Rights of the proprietor of a vein orlode to extract and remove his ore therefrom and 2) rights of way for ditches and canals constructed under the authority of the United States. 11. Resolutions by the Board of County Commissioners of Garfield County, Colorado, as follows: A. Resolution No. 92-056 recorded June 29, 1992 in Book 835 at Page 305 as Reception No. 436262. B. Resolution No. 93-121 recordedDecember28, 1993 in Book 887 at Page 824 as Reception No. 457154. C. Resolution No. 94·008 recorded February 2, 1994 in Book 891 at Page 620 as Reception No. 458796. D. Resolution No. 94-089 recorded August 9, 1994 in Book 911 at Page 791 as Reception No. 466955. E. Resolution No. 94-139 recorded December 13, 1994 in Book 925 at Page 345 as Receotjon No. 472058. F. Resolution No. 95-004 recorded January 17,1995 in Book 929 at Page 64 as ReCt]j1tionNo. 473462. G. Resolution No. 96-26 recorded May 9, 1996 in Book 977 at Page 399 as Reception No. 492765. H. Resolution No. 96-06 recorded February 9, !996 in Book 966 at Page 682 as Reception No. 488797. I. Resolution No. 96-07 recorded Pebruary 9, 1996 In Book 966 at Page 686 as Reception No. 488798. J. Resolution No. 2006-79 recorded March 19, 2007 in Book 1903 at Page 967 as Reception No. 719257. 12. Agreementsrecorded Aprill2, 1992 in Book 827 at Page 636 as Reception No. 433216 and recorded June 29, 1993 in Sages at Aspen Glen Preliminary Application Page 15 ----------------~------------~----------·-------------·--- Book 835 at Page 364 as Receotion No. 436263. 13. Master Declaration recorded April6, 1995 in Book 936 at Page 350 as Reception No· 476328, First Supplemental Declaration recorded July 15, 1997 in Book 1026 at Page 161 as Reception No. 510976, Second Supplemental Declaration recorded November 26, 1997 in Book 1043 at Page 850 as Reception No. 516966, Third Supplemental Declaration recorded February 10, 1998 in Book 1053 at Page 8 as Receotion No. 520203, Fourth Supplemental Declaration recorded February 10, 1998 in Book 1053 at Page 30 as Reception No. 520209, Fifth Supplemental Declaration recorded May I, 1998 in Book 1065 at Page 800 as Recentiop No. 524479, Sixth Supplementa!Declaration recorded May 22, 1998 in Book 1069 at Page 58 as Reception No. 525647, Seventh Supplemental Declaration recorded August 24, 1998 in Book 1084 at Page 943 as Reception No. 531005, Eighth SupplementaiDeclaration recorded October 26, 1998 in Book I 094 at Page 517 as Reception No. 534299, Ninth Supplemental Declaration recorded August 17, 1999 in Book 1145 at Page 680 as Reception No. 5506!7, Tenth Supplemental Declaration recorded November 19, 1999 in Book 1161 at Page 293 as Reception No. 555596, Eleventh Supplemental Declaration recorded September 23, 1999ln Book liS! at Page 877 as Reception No. 552597, Twelfth Supplemental Declaration recorded December 14, 1999 in Book 1164 at Page 755 as Reception No. 556668, Thirteenth Supplemental Declaration recorded July 17,2000 in Book 1197 at Page 740 as Reception No. 566379, Fourteenth Supplemental Declaration recorded May 8, 2003 in Book 1467 at Page 910 as Reception No. 626952, First Amendment to the Master Declaration recorded October 30, 2003 in Bookl533 at Page 735 as Reception No 639707 and Fifteenth Supplemental Declamtion recorded December 21, 2004 in Book 1649 at Page 891 as Receotion No. 665692, Amended Declaration of Covenants, Conditions and Restrictions for Aspen Glen recorded March 23, 2007 in Book 1905 at Page 523 as Reception No. 719512. 14. Declaration of Golf Facilities Development, Construction and Operational Easement, recorded April6,199S in Book 936 at Page 314 as Reception No. 476327. 15. Subdivider's Agreement as contained in Instrument recorded April6, 1995 In Book 936 at Page 444 as Reception No. 476329. 16. Plat of Aspen Glen Planned Unit Development recordedApril6, 1995 as Reception No. 476330. 17. Special Warranty Deed and Grant of Easement, recorded December 31, 1996 in Book 1005 at Page 228 as Reception No, 503024. 18. Declaration of Golf Course Easement, recorded December 21, 2004 in Book 1649 at Page 899 as Reception No. 665693. 19. Deed of Easement for Untreated Water Irrigation Line, recorded December 21, 2004 in Book 1649 at Page 907 as Reception No. 665695. 20. Transfer ofDeclarant Rights, recorded December 21, 2004 in Book 1649 at Page 912 as Reception No. 665696. 21. Amended Bylaws oftbe Homeowners Association at Aspen Glen recorded March 23, 2007 in Book 1905 at Page 577 as Receotion No. 719513. · 22. NOTE: E){ceptions I and 4 may be deleted from the policies, provided the seller and buyet· execute the Company's affidavits, as required herein, and the Company approves such deletions. Jfwork has been perfonned on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), and the Company has not reviewed and approved lien waivers and indemnitor financials, Standard Exception 4 (mechanic lien exception) will not be deleted and no mechanic lien coverage will be furnished. Exceptions 2 and 3 may be deleted from the policies, provided the Company receives and approves the survey or survey affidavit if required herein. Exception 5 will not appear on the policies, pmvided the Company, or its authorized agent, conducts the closing of the proposed transaction and is responsible for the recordation of the ( documents. Sages at Aspen Glen Preliminary Application Page 16 Yield Plan -Not Applicable Not Included in Application ( --------~------~--~ The Sages At Aspen Glen TAB 4 Open Space Management Plan The Use of Common Area . Each Owner may use the Common Area in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other Owners, subject to such reasonable rules and regulations as may, from time to time, be established pursuant to the Bylaws of the Association. In order to maintain a uniform appearance and a high standard of maintenance within The Sages at Aspen Glen, the Association shall maintain the Open Space areas as shown on the Plat consistent with the rules of the Master Association and the maintenance plan as described in Tab 5. Sages at Aspen Glen Preliminary Application Page 17 (. The Sages at Aspen Glen TAB 5 Open Space Management Plan The management plan is embodied in the Declaration of Covenants in Section 8: (a) General Common Area, The Association shall have the sole discretion to determine the time and manner in which maintenance shall be performed. (b) deleted (c) Roadways, Landscaping, Drainage, Irrigation and Other Water Features contained within the Property and General Common Area; provided, however, that the Association's obligation of maintenance of the Roads and right to the use of the water and water rights contained in any such drainage, irrigation or other Water Features shall be subject to the Aspen Glen P.U.D. approvals, the Master Declaration and/or agreement between the Declarant and the Master Association. (d) Association's Right to Create Rules Regarding Owner's Maintenance of Lot. The Association shall have the right to promulgate reasonable rules and regulations regarding the maintenance by the Owner of the landscaping and lawn care of each Lot. 8.2 Special Easement. The Association and the Board of Directors and their respective representatives are hereby granted a nonexclusive easement to enter the Lots as may be necessary or appropriate to perform the duties and functions which they may be obligated or permitted to perform pursuant to this Article 8. 8.3 Maintenance Contract. The Association or Board of Directors may employ or contract for the services of an individual or maintenance company to perform certain delegated powers, functions, or duties of the Association to maintain the Common Area. The employed individual or maintenance company shall have the authority to make expenditures upon prior approval and direction ofthe Board of Directors. The Board of Directors shall not be liable for any omission or improper Sages at Aspen Glen Preliminary Application Page 18 ( .. ' exercise by the employed individual or management company of any duty, power, or function so delegated by written instrument executed by or on behalf of the Board of Directors. 8.4 Maintenance Responsibilities of Owners. Each Owner is responsible for providing all maintenance upon their Lot at their own expense. Such responsibility shall include, without limitation, maintenance of the entire buildings on a Lot and the Lot. The Association shall have the right and power to prohibit storage or other activities deemed unsafe, unsightly, unreasonably noisy or otherwise offensive to the senses and perceptible from another Lot. 8.5 Additions, Alterations, and Improvements. Subject to the reservation of rights of Declarant hereof, no improvement to the Property (other than for maintenance) which results in a Common Expense shall be constructed except with the prior approval of the members of the Association having at least sixty-seven percent ( 67%) of the total number of votes outstanding and entitled to be cast at a membership meeting as provided in the Bylaws. Dissenting Owners shall not be relieved of their obligation to pay theh· proportionate share of any Common Expenses. An individual Owner shall do no alterations, additions, or improvements (for his individual benefit or for the benefit of his Lot) to the General Common Area or the Limited Common Area without prior written approval of the Board of Directors. No Owner shall decorate or fence any of the Lot area without the prior written approval of the Board of Directors. Utilities shall not be disturbed or relocated by an Owner without the written consent and approval of the Board. All repairs, alterations or remodels are coupled with the obligation to replace materials removed with similar or better quality materials. An Owner shall do no act nor any work that will or may impair any easement without the written consent of the Board of Directors, after first proving to the satisfaction of the Executive Board that such structural soundness or integrity will be maintained during and after any such act or work shall be done or performed. Any expense to the Board of Directors for investigation under this paragraph shall be borne by the Owner. Further, any augmentation or increase in the landscaping of the landscaped garden areas shall include a plan for the maintenance thereof. Such approved additional landscaping shall be maintained at the sole cost and expense of the Owner whose Lot is affected in accordance with the approved plan of maintenance. Sages at Aspen Glen Preliminary Application Page 19 FJcrsnNGNATIJ~\1. VEGIT!.-rlON.\toNG COl1>.'TYR(HD 11"/JTO !U:..\1,\JN AS IS. RESEfD ll.";Y P1~1l,RB~1l,\REAl> Pr"'- COt"r<."IY 1\EQl.;lRf~\ffiNTS Wodol B111H~ MAILBOXES SlililJ!oTAU.#lON S!II..F.l" 1.1.2 FOR ENI.\RGWJ LA.-.:lli.CAI'E 1'1.\" S!'i~S>ll'.h""Tl1.3FOR TYP!C\LF~LAJI.GH>Y..\Cal£ l.\NDSI".\P£fl.-l..'lS ~:-;cCotl'COt'R5F.TO ·,nt~:s BEP~Olt;CTED/'IlOM CON$Tlll'CI10K ,\T .\U. LANDSCAPE REFERENCE PLAN GENERAL LANDSCAPE NOTES: I. AU. PROPOSED NF.W AND EXISTING LANDSCAPlNG SH:\IJ. CONFORM TOGARI·lFJ.O COur-'TY PLA .. 'INING OF.PART.\U::NTREQl!IRF-\fF.N'~ .\NI1 nm ASPEN Gl.liN PL'Illo':"ED UNJTDEVELOPM"EI'-.'"T {PUDj .MASTER Di:SIG~ GUIDEJ.TNl'S. 2. IT IS 1;NDERSTOOD TIIAT'I11f'.SPI:.CJFIC LIIXO.'iCAPTh:G I'OR V.Ol L,\!DIVJDUIILWT WJI.LHE .>.t.TCR£.0 TO THE ~IEF.T THE FL'TURJ'. HQ.\lEOW~E.ltS LU-;DSCAP!; DESIGN. Al...l.. L-\NDSCAPING SHOWN AS n'l'IC.O.L CUllllliNTL Y SHUW THii MINIMUM REQCIRf.M'EN"lS PER ASPE.N GLEt-: MASTER DESIGN G()fi)I!U~£iS. J. All.FXI~"l1NG TREES SHOWN TO BE REMO\'F.D 51-IAIJ. BR RF.I.OC.-\Tf.D"fO THF.COll(!..fON AREAS PFR INDIJSTRY STANDARDS. 4. ALL NEW l'.~l~T!NGS SHALl. CONFORM TO THE ASPEN Gl.F.N !IL\STF.R DESIGN GLTDELTh:F..S APPROVED SUGGESTED PL\NT !.1ST ON SHEET 1.1.2 OR COL iNn" REQUIREi!>IF.NfS. S. All t:Xl$11.'lG N:\1l.:RAJ.OR PRIH..-INOSIX".API!D AJL.l'.AS Sf !All. BE PR(IfJlCrED FROM l't.lTUU\ CON~l"RUCI10N .-I.T AU. TIMES.Ai'."Y .AREAS DJSTIJRBED BY CONSl"RUCTION S!\AILBE RESTORED TO "Ill F. F.XISTJN"G NATIVE OR UJ>:DSCAPED CO~·lDlTIONS. G. i!.ll. ARF-~S WlTJUN THESUHDJVJOION SH.O..LLBE 0.8\RF.D .-1...">10 GRlBBED OJ' NOXOIUS WEI:.DS PUt \X"F.ED !>l"-NAGMI!NT A."D COL:NTY llliQUJRJi.\Jf'.NU. GRAPHIC LEGEND: SlOE P!\T,\JI, II )tl:. S!JEET U.2FORL'I!.\RGF.D tAN!Y.;C\Pii PLAN TRl'.FS TO llF. RF~/X"..>.ThO ~lUSTING \'lCH.~i!ON AJ.ONG UIUN"IY ~oAO 109 SEf. D~TA!Ln l ONSIU~T Ll.l fUR I'..';U,R(;I:)) U\.1-.!~CIIP~ PlAN SHEET LIST: SEESHEETLUr<JR n'PICALF.NL.-\RGF.D Dl'l'J.£l( IA'>;OSCWI-; PL\).IS I .1.0 -LANDSCAPE REFERENCE PLAN Ll.l -APPROVED PLANT LISTS L1.2-ENLARGED LANDSCAPE PLANS (COMMON AREAS) L1.3-ENLARGED LANDSCAPE PLAN (T)'PICALX ACRE LOTS) L1.4-ENLARGED LANDSCAPE PLAN (IYPICAL DUPLEX LOTS) SAGf_<; 4.00.09 HIGH INTENSITY PLANTING AREAS: APfltHDIXA WGGts!ED JIUK'I" US\' lOR MJQM IIIR!tmTPI...lMJM AAW ~!r ... pWdfiP ........... bJ$ecll<:-.11.701lUM~~-­ s.ol~-tl .. , __ ,:~oti!Wrl"""' ..... ~-aJid"""ICOOtl<lno lriUI--Ii>to<l-iiWl00$1u•tlloel,l,..ellf,tal<(lq.~\15lb~t.J ~-tJmetu-. -~Clllor-BI.,..lpnl{»1.0' p-~~~-8.' PMo'l!>w>!wtal.otte"""' -10' I'JMol.llllra•~-10' -JI<>M.,._s.t~plht16' ~·~~~6" Clcwti'OUS n!U5: Shal!e t-1 leorjW!la!l~l'le!'fil'~c2Vr tv•~toonn-.~1111. r-III<IUISite.DJ.-<IIIl(lo>""'k-lullll<I-•JoaJJ ~ '""""' ~lnll!raRI>H~':l:l/7' Cdl:ili occlolcdWs ~ 2' Pr~do""~"'--tSOO!dl•tn,t.s.ll1:1/2" ('i...tetlios:-rauoll _, NATURAL PLANTING AREAS: ........ ~Men-·-"~ ""'ipweooo~RDc!<rMolllltHI...,._ -..........~utollo~ l'iii!OSIWfltw ..... OIJUbPif<lMit!e- 0"""""'"""' TJoe.W'"""-.c~"""''flf><'reutvool~•••.rittynll.filo."'l:fl"' "'f~1oo,.O.Wor"""'-*"'"'"'"l--..t>eN~­colladsln.,_..,. Cel.lo;~llslladiiKrrr't ~~!i-.-a~~ , .... .ld~tll~"'~~~~~ ~IISI<:<III~CI!orf.ai~M~ ee--.~"'-'toolor.w.-- ,._..,._GIH!Ia.oM.....,. Qllt~pllolod!iQ<lnobi<$0111{S<:ftlb6al<) Rhulltlln•:otlcaf•~- II"G.,..... clmo~D-..111"11_,_ R..,.!Ht103rbi""""h>lrl.oi!CDJ>P<'IRI»'a AepMrlll.o:orc: .. w-u.n~ YKAba<clltaa.-l\lel:o1\l).tliYixell YIOCU-Inf1-T-Yooca ... _ ... .S..Qo>II:O.-~ F.-•o-19,»1'! ~-.. rab~1"(11$0ill~d-l..,.. V~I~S!I:JIIu,.,~lfo,oot....-letl p..,_.,~~-3· """'*"'--~$' p.po!B~Sk>ou.S.,..~:t· Ta.""""'lill..ittiP!all.lfldn2"(V~~---) Aa:l~-· """"'13[4" Mo~>B••·~T ~io>s:Ooi@,Mop-.~""d.U.or~ <11-...netits.l ....._~u-pa.-~1:1/2" ~~ .... noweri>e:l'lll"'2'" (YMrl>o$olk..-p.ai'(•IMin~l6oMI ................. 1d-Cflektdl...,.1!/2" -dp¥NIM~:qoTIM1!/7' .....,_~"5-lt'"""*t~rcyT 5orb1K_..,~~"'-W!!AI10Tl\IH ""!Jill pt.-,.,.....__) lVfllllRU!UHli!IM S$:11. ~~1'!1tzarJ .... et-1:1 ... Jomlj>Ortibof\ll»otallsllolb..,-~~ _,.....,.<>Hoieoltl'<r411~5"""'e -... ""'':t><P~­ Pioiii511>1!P>P-ik>II-Nog\oPIM IUTl'IE GIU55 tuD MIX ~-.;~ .. ..,C.~~tllo.m«IYUioft4 -bo-IM"""~..WO.....-I<:CIItovillllorb. SffiMlidllfG{IIJ .. J611 " C:<>Opio.-salbagr.u-....,R&riO.,.LN>dP.W.c-l<.dooe t<>W.~-Iotto.Dflc~n-. An~-"""~~ ~tfi-I:Uold<-SU~llllaw~ ~--l<'lllolili!>Cidol!M_.,.IIIIah<oi!O"' Cet'<~-IIMIIOSMo.rt..n. ~ ~t.eri<••O.~V-'lts (Varlcllet;:Rt>dfwii.COI<>r-l'ldOollr, K-'(l~olll'laaclY-nil) (:o(.,.._;tera<;dlllie'ei!JiotCG-r eotwoo,..tco "!!alataCtatberl7Col- ~ ... l;orizoat:oli311ocl<Cotoo-o...-.(1.15eiD,.., .. cll4,...._, ~ymlftalo!n<:e>O~IP.....,-.c(lu!.lo F~1'5"Qt1JUSopooliloll<l$~1--!'i-~.~-­ Co>•ll<t<>n) II.,..Pf,iiU~tM¥ori<lflu=O>II~I>nldkOIIO~wilJI:soa>C "'""'' R~.,.!cnt>nl'Cl""'~CU....,t .~.opocV~o>I).~IF>:o..>-oe:.r.... 's ~frd,.NINI~,lOIII llowloclio!MbictlklrollniJ'IMc.p,...- IIHa~~Yclloff- Rew kqoM. ~ ltfCO'• R<>o<o Rewrte,....A'Cfi"I!GH -~-.lltlclllueWolow' ~.e<lllt<IAfte!IINSWcr~ SpnM -·Sp-y~ (Y-tlas:baoofoyW.t ... r....:IP"""""'' ~......,.-saer~s,lro!• SJ111~~~-b:l~ ~.tlb--.,. Syrl,.ga l'lllprl:o c--LJ.;o<: "*"" Mt4 ..tute) 11\!NVMOU-Ailo*-~ ~-aw;q~.n..gr,..wure .. ..,.. ...... _krii"I!<>IWI~Y...,_ YIIH""""~'Il-M'St>nwl>aii-..<M> w..r-Oll"'lc$lim>poM Crlfloba!J' aiM \'ibenouno __ ,_.._,~ lll~t~'anedo'-"--l:r•IHnJ CROWIDI:O'I'II!S: ~ .. """" ....... -.ld< Dla.ollla!.dllloi<!tl M.;oi<lfl< P*ll. --p-..~.-~~11. lo.o;4Giool)o>lp~'ln'o.ootl ..... Elf«>i .. -1!1.~ ,....,.,.,. ... k>rtn.ol ~· P<lrplo= tliMemeq>cr r.aa;..Wop.WIWib~ J'QtMT:IU4_.....,.etaqo..,l.ol " (Thto ............ ~...,.,.~'""'"-""'""""'""" .. ._Cllooo """'"lllrrereriew..Sbf~DRt:~ SAGES [),\Tl.'. 4.lJO.{)<) l-OT 11"1 SEE S~EET L!.-4 fOR TYPICAl.. E;l\!l..A~EO.DIJf!!.E)( L.AN05cAfE_P.LANS- ASPEN. GLEN GOLF COURSE 3 ENLARGED PLAN AT BACK GATE ·;, .. . ~ I ··.j ~.·.·;.·.·.·· . . I ':'1: .··I ~ I ~ ·~ Ql Ldf ·~~a-seE."SI-IEIO.T t.l.-4"fOR··T'fPICAL ENLARC.E.O DUPLEX LANDSCAPE f'L!I,l,jf> _- ""'""'"" '"' """ ·~' ~.lRI~S, 2" !Jill. lll.O:RQtWiconcl!l!XO VAAltS. 3" !,11~. COI.O!UOO SPR\.10:: 10' + AUSIR.o.uAII PI~E 10' + TO BE D£Tl:rii/I~D !I CAU.Oii !,!IH. LANDSCAPE NOTES: 1. l.o.MJSC.I.PE COOSTIIUCTI~ SH~L< CCW'C<0\1 TO ld.l IJ'I'UCAU..£ SlATE IJ'fO LOCAl. COOES »!0 SPECtflCATIO.~S. l. AU. t,!ATE:RI.ll. ~p lll:'l•lo!A>!S><lP SH.li.L !3E WAAR»HED f(;fl ONE I'I'AR, ;RQ!,( OAlt Of ro~.ll. ACC£PU,)ICE. J. I,AACSC.<P£ COOTRACTO!I SHAlL UA\,(1)1[ THE Silt CO/lDmOI!S U'IOER 'IIH'C>\ ;\~~s'f,.J~Jl~ ~~~ »>t£ ~~f~R~E~~~ c~~~~~"~ ~~~c COAAECTEO. ~-BO'OI'E Co:i.!MEIICiiiG 1(o0Rl<, L.lliOSCAPE COI<TR.lelQR S>IAI.L CctiiACT .lPPR~IATE UTILITY C()l,(I>AII'ES fOil UTIL.ITI LOCA~S, »>D COOI!DiiiAl'E ~TH CE~ERAI,. COiiTRM:TOR ill REGI.Rt: TO LOCATIOtl Of PROPOSE!> llTIUTlES. IR>llC.lTIOii SlEEvES. CONOVITS, ETC. S. IT r.; THE R£SPOI1SI911.1TY Of li<E COifiRACTOR ro PIIOVI(I[ SIJBI,/IITioJ.S. CUI SHEETS Of VAIERI,Il.S .!<SOil. TEST REWlTS OiR~CTlY TO ltiE ~ERS REPRESEtiTAll\'1: FOR .I.PI'RO~AL SEE SI'Ef:I>1CAnOIIs FOR D£TM.EO 5U8~iTIAI. i~FORk,IAllOfl. 6. jG£~ERAL toffi"RACW!) RN0\'1: EXCESS SUB GRAD!: \\HERE ~ECESS~RY ~0 PLJ<C£ SI'EOfi£0 ToP SOil. A ~iNo),i"JI,( OV'l>i 0> SIX ~C><ES j6") l>l TURF mO GRASS AROS AAD l'II"ELVO: j12") i~O<ES ~ S><RUB BEOS. O.STRlSUll. STOO<PILEO loPSC<L .oJiO PRO'o'OE ,l!.(y AOOin~At ToPSOH.. NEEDED. 1. ORGANIC SOtl. A!,(ENDVE:~TS mD FERllliZERS S>iAtt & INCORF>O;Al£0 II< TO ALL L»!OSCAPE .o.REAS AtiO ft.'JlTINO PITS. a AtL PLAtiT !JAT£R1AtS :i><AI.L SE ~S SI'Ee>m:o mo !Jt£.T Oil EXCEED SIZE iN SC>fEOUU:S. 0"/ltiER"S I>EPRESEtiTAnVE nt:SERVES TilE Rt<J-IT TO REFUSE PLANT l,(A1l.R1AI.S l\1-0CK 00 NOT I,IEET THE QVAUTY REO<JiE!EO FOR ll<E PRQ.£CT ~>t:R SHCiFiCAll~S. 9. "-lt TREE AND SHRUB 8"!:0 LOCAl!OiiS AAt: TO B£ STA~EO QVT Ctl SIT!; FOR APPROVAL BY Ol\IIL!l"S REPRESEtiMTIVE P~IOII TO iNSTALLATIOil 10. <IlL COtiVEtltiOtiAI. PLANTIIIG ~EOS »!{) IJ<JLCH AllEAS AilE TO & tQ>ITAiNEO 'il!lli STUL EOG£R AS SI<Ot.N Qli THE PL.lliS AND DEfii<ED tl Tl<t 0£TAitS MID sPt:CiflCAllO!IS. (OG(R iS NOT R[OOR£0 AROOND OPDI SPACE SHRUilS. AilJACEiil 10 CIJRBS. I'!AU<S. 6\.Jilt:<tiCS OR RI:TAIN&lG "/IALLS. 11. AI.L L..l>IOSCAPE AREAS A~ PUNT k.IA1l.RlAtS SH,\ll 81: '/IATERED GY Ali .O.UTOI.IAllC UNDE~(;R(Nil() IRRIGAT!Otl S'IST£1,1 UNLESS Oll-lERio\SE IIOTEQ. IRRIGATION NOTES: (((DESIGN BUILD))) LANDSCAPE REQUIREMENTS LEGEND \. 12 EVERGREEN OR SPRU(:[ TRESS 2. IB DECIDUOUS TREES. J. 50 SHRUBS 4. FULL IRRIGATED Loi.IIN/SOO -NOT TO EXCEED 9.000 S.F. -(6.800 S.F. Of IRRIGATED LAWN AS CURRENTLY DESICNED) EDGER ·\· DECIDUOUS TREES ~1~ \p ,. EVERGREEN mEES 5HRU8S/GRASSES/ PERENNIALS ROCK OR t.!u~CH NATIV( VEGETATiON ~ z i (.) "' d ~. ;.; "' ~ ~ -J<J""<ti~l~llK­ SAGf.S 4.00.09 / . ~~--,, ("'_--",..--'~---·---:--· . ....... / . .1. . .• I I I I 1 ENLARGED 1/4 ACRE LANDSCAPE PLAN (IYPICAL) ,. NO' -~r-PLANT LIST ~ "" "'""' :(p'•' 0£00\/0US 1R£ES t.fl~' ~ RQT!l!!N<AI l.f!JIE 1, 18 PT lUS 1R(\,1UI.()!D!;S ~ ... VAAIES. 2" 1,!11-!. kl':RCi' lVl OOTI(l(jp;(l VAAlES. J" \IL~. tQI.ORAOO Sl'fiUCE 1(1'-+ AIJSTRA:.I"'l Pli<E ... TQ 8E DEltf!I.I!NEO 5 CA:.LOI'l l,hf;. LANDSCAPE NOTESo 1. LAIIOSCAPt COIISlRUtn~ SIIAI.L CO!l•Cl<LI TO Al.L ~PPI.ICASLE STATE .>Jl(l lOCAL CODES AND sPECincAn~S 2. All UATtRIAI. 1-tiO ~KI.\AIISII<f' Sl<Al.L BE WAR~_...T£0 FOR OOE lt"AR, FROU CAl£ (IF FIN-"'. AC<:EPTAf!C(. $. lA!o<OSCAPE C~TRACIOR SI<Al.L EXA!.I!~E II<E SITE CONDillot!S YNDER 1\1<101 THE l\'()!!1< IS 10 61: PERFCili.IEO All~ t-IOTU'Y THE GE~ERI.I. COIIlliACTOR Ill \l'f!ll\IIC Of' YIISAnSFACTORT CORDITtctiS. 00 NOT PROC[EO U~IIL COI<DillOIIS HAV!: BH~ CCRRECn;O. ~-WORE COIAIENC!IIC VIORK, t~OSCA!'E CONTRACTOR SHAll. CONT.lCT APPROPRIATE UTILITY CO!JPAAIES FOR UTiliTY lOCATIONS. AAO CQO!!OINAT£ '/r1Tol GE~ERI.I. Cot-(TRACTOil 11-1 REGARO TO lCCAllON (IF PRCI'OSEO UllUllES. !RRlCAllOII Sl.n~s, COIIOUIIS, ETC. ~-IT IS THE R£SI'O!<IS!El1U1Y or M COIHRACTOR 10 PROW:>E SUBI.I111AlS. tvT SH£'ETS OF UATEmAlS .!<SOil. TEST RESLII.TS O!llECTtY TO THE 0\\llERS ~EPR<:5ENTAllV!: FOR M'NIOYAl.-SEE SPECLflCAliONS FOR De:TM.I:O SVBI,hnAl I~FORIJATiO.'<. 6. (GENERAl COIHRACTOR) ~Et.IJ\-1: EXCI:SS SIJll CRAOE 1\t<EI!! NECESSAAY >.NO PLACE SI'WFI!;O TOP SOil. A \ll~il,lul.l IIE'•TH OJ' 51~ ohO!ES (6") IN TURf olND CRASS ~~V.S A~O 1\\n.'>( (12") II<CH[S IIi 51-!R<Je 8EOS. OISIRI3UTt STOCI<PTLEO TOPS(ljl AAO I'RCMDE »>Y AOOITICtlAl TOI'SCIL ~EEOEO. 7. ORG.\HIC SCil ~IJE!lD!.1ENTS AA_O fUTIUlER~ S~~cl BE INCQ!POI!ATEO I~ TO All lM05CAPE AREAS !NO P!.IJI~ND Pl1S. II. ALL PLANT IJAlERlAlS Sl<.ll.l BE AS SPECIFIED AAD !.lEn OR EXCEED SOlE~ SC!i[D\JUS. ~ER"S REPRES~ljf~TIVE RESERVES THE RIGIH 10 REFUSE I'I.At-11 IJAlERIAlS """'"" 00 ~OT UEET M OUAUTY REOU!Il£D ~01! THE; ?Ro.lCT l'fR Sl'fOf<CAll()llS. 9. AU TREE >.NO SHRUB BEO LOCAIIOIIS AilE TO BE STAICEO COJT 01-1 SUE FOil "-PPIPOVAL BY 01\1-![lt"S ~EPRES£~TATIV!: PRIOR TO ki-IST.<I.LATIOR 10. AU 'OI-IVENIIOI-IAI. Pl.IJ-lllf!G BEOS /d<l~ !.I~CH AREAS ME TO SE 'OI-IIAINEO ~1!! STEEL {OGI:R AS SHo\1+1 011 11!E f'I.MlS A~D [!Eflh(O I~ 1m: DETAILS A)jO SPECIFICATIONS. EOCI:R TS NOT I!EOlJIREO .OSOONO OPON SPACE SHRUDS. I>!)JACENT TO QJRBS. \\tALKS. BUILDINGS OR f!I;T"'IIlNO I\IAUS. 11. ALl l.lkDSCAI'E 1-REAS ~~~ f>L,\t-11 !.IATER1ALS s>iAU. BE "/IATERED BY .ld'l AufOI.IAllC TJ\iOERGI<OUNII IRRIGATION 5YS1E!.I UNLiSS OII<ER'/r15E 1-WTEO. IRRIGATION NOTESo (((DESIGN BUILD))) 114 ACRE LANDSCAPE REQUIREMENTS * ~~~~~~c~~~~~~~iGN~~q AsPEN GLEN LEGEND 1. 12 EvERGREEN OR SPRUCE TRESS 2. 18 DECIDUOUS TREES 3 50 SHRUBS 4. FIJLL IRRIGATED LAWN/SOC -NOT TO EXCEED 9,000 S.F. -{6,800 S.F. Of' IRRIGATED LAWN AS CURRENiL Y DESIGNED) EDGER DECIDUOUS ffiEES EVEFI:CREEN TREES SHRUBS/GRASSES/ PERENNIALS ROCK OR ~ULCH NAnVE VEGETATION "' ~ z g ~ ] "" ~~ ~ "' -§ 0 u ~ ~€ 8-M ... Ol ';5 iii g:., "' ~ ~ ~ :;a! '5 g F. Jl u e· 0 0 !R ~ ~ 5AGP.S D,\.'Tl' 4.0009 STONE ENTRY MONUMENT ~ITf.l ADDRESS PLAQUE 1 ENLARGED DUPLEX LANDSCAPE PLAN (TYPICAL) I I I I ···J I I I I I I I I I !(' LANDSCAPE NOTES: I. lA~()SC"-P£ CO!iSlRUCIIOI< s>!ALL COhF"Oill.l TO AlL .lPPL'l:ASl( STAT< AI<O LOCAl. COOES AND ~OF"LCAllC«S. 2. All. IJA!fRIAL AI;O ~~AI;S>liP S>lALl SE VI~RRA~IEO Tell ONE TEAA. FIIOU OAlt Cf" FIN.AL AcctPTAAC(. '-LANOSCAP£ COIIIRACIOII SHAll (lAIJINE THE SJIE ~011101!5 UNO!:R 1\HICH 1HE '/jOI!K IS TO BE PERTCil~ED AAO I!OUTV THE GENERAL CQI!TlACTOR II; il'lllliiC Cf" I.JNSAllSI"ACTCfll cct~!lmQIIS. 00 N.OT PROCEED ~'!!Ttl. COI<DI~OI-IS H~"I/E &£~ CORF!I:CIEO. 4. BEFORE Cet.i!JEN.CIN.G \I'OOK. t»>DSCAPI; rot!TRACTOII S>IAI.L COOTACT .lPAAOPiliATE UllLITl COI,I?AMES I'UR UllUIT LotAllOI-IS, AN.O too~OIN.ATE 1\'lll GEI"IERAl CQ!i!Tli.CTOR IN. RWAAO TO lOCAl~ or PRCf'OSED UTIUTIES. IRRIGATION SLtCVES. CQtlOUilS. UC. 5. IT IS THE RESP<:t!SII!IUI"f OF THE COIITIIACIOR TO PROI'CE SOSI,ImALS. CUT SliEETS OF" I,IATERU,!.S 8r SOli. lEST RESUCT"S O<P.£Cll.T TO THE O'ft!<.ERS REPRESE~TAll\'E FOil APPROVAL SEE sr'ECIFICATIOI-IS FOR DETAILED SUBIJinAL ~F"Oili,IATtO.~. 6. {GEN.ERAL CC)IjiRACTOO) ~[I,IOY!: EXCESS SUB G'IADE \\HERE N.tCESSART .1.1<0 PLACE: 5PWFIEO TOP 5011. A l.ilf!J\IIJ\1 OEPTH or SO~ IIICHES (6") IN TVR!' MO Cll.>SS AREAS AND T'/o{LI'E (12") IN.O<ES IN. SHRUil BEDS. lliSTfiiBUTE STOCI<PilEO TOPSOl AN.'.) PRO'(t(lE ~· ~OOI~CilAL IOPSOL NEEDED. 7. OIIGAI<IC SOIL AA!EN.O~E~TS AI<O rERlllll!E~ ~ALL BE ii«:OIIPO'lA"T£0 I~ TO ALL lA.N.O$CAPE AREAS AAD PLAA1li!G PllS. 8. ALL PLAIH l,jAT£RIAI.S SHALL B( AS ~CIFtED AllD loiEET 00 [)(tEED !OlE I~ SC>IEOULES. !l\\I<ER's F![PRES£~TA11\'E R£5!:'1\'ES Tl<f RIGiT TO REilJSE PlANT IIA"TERIAI.S \\t<ICH DO N.OT ~E<T lHt CUAUTl' R(QI.JtR£0 fOR THE Pi!Q.£CT PER SP£CifiCA~DN.5. 9. AlL TREE A/10 SHRUS BEO LOCAllCIOIS ARE TO 8E STAH£0 001 CN 51!£ FOR .u>PROVAL 8T 01\1-i.ER"S REP~ESI:~TATI\'E PI!IOII TO INSTAL!.Anell. 10. All CON.I'EN.TION.A!. PLAit~~~ BEOS AAO WLDI AAE.'.S AAE TO Bl: CON.TAINEO WTH STEa EDGE~ AS SHO~N 011 Tl<i: PLANS ~0 Otf'l~E!l I~ THE DET.l~S AAD SI'ECifiCAllON.S. £[)(;(~IS ~OT REQVIR(O AAIJI.JiiO OPE~ SPACE ~Hiru6S.. I.OJAr.t:N.T TO CUI<8S.. 'IIAOCS. 8\JI\.Di~CS 00 RHIUN!NG WALLS. IRRIGATION NOTES: (((DESIGN BUILD))) IRIIIOATI~ SYST£11: OESIGI-I AND INSTALL AN. AUTOI,jA11C CNDER~RC\llltl IRRIOAll~ 5\'Sn;U TO U~!FCili.ILY IRRIGATE ALL PI.I•IHII-!C AREAS. ZOI-IE IRRIOATEO S00 AAO SffiiU8 AAU5 SEPAA~TELT. COOROII;A"TE PilO~T or CON.NECllOII \liTH 0\\liER MO HAVE AP?R0\£0 6E•CfiE 8ECIN.~ING WCR~. ~.~Eff~'WJL~'f~~W,{.~t'-~~Nih't& ~g~~"'\o"'/t?.s "/lOR~ LEGEND I. 9 EVERCRE~N OR SPRUCE TRESS 2. 12 DECIDUOUS lREES. 3. 40 SHRUBS 4. FULL IRRIGATED LA\\N/SOD -NOT TO EXCEED 9,000 S.F. EDGER DECIDUOUS TREES EVERGREEN TREES SHRUBS/GRASSES/ PERENNIALS ;_,.:.->· ; .. IRRIGATE) LA'/i)l :.;;; . .. ,,;-.. ... , . -. _. ROCK Oil MULCH NATiv;: VEGETATION "' ~ iii .g ~ ~~ 8 ~~· f Ci' t "' ~ l ~ SAGK._ l DolT!> 4.{(1.09 ;! ., ~ ~ " '" ;!; 0 ~ ~ ~ g ~ ~ 8 -------------------------------------------- The Sages at Aspen Glen Tab 7. Impact Analysis 1. Adjacent Property •• The Sages at Aspen Glen Is bounded by County Road 109 on the west, Hole 3 of the Aspen Glen Golf Course on the north and east, and Bald Eagle Way on the south. Adjoining Ownership Interests The Sages at Aspen Glen Development Property Owner's (within 200' 4/14/101 Maillnn Address ParceiiD Aspen Glen Golf Club Management Company P.O. Box 4900, Dept 230 Scottsdale, PIZ. 85261 2393192 00 386 Puder Family Limited Partnership #1 and Balogh Erdhelm Partnership Thomas & Jeannette Anderson Harrison & Rhonda Lingle, Management Trust Harrison & Rhonda Lingle, Management Trust Homeowners Association At Aspen Glen, Inc. Aspen Glen Golf Company SS Liana, LLC P.F. #1, LLC and Balogh Erdheim Partnership George M. Kurajian, Jr. Trust 2. Adjacent Land Use •• 6235 Princeton Way 2395 241 05 007 Boca Raton, FL 33496 P.O. Box 226 2395 241 05 009 Aspen, CO 81612 5307 Del Monte 2395 241 05 010 Houston, TX 77056 6307 Del Monte 2395 241 05 011 Houston, TX 77056 c/o The Melrose Company 2395 241 08 029 P.O. Box 21307 Hilton Head Island, SC 29925-1307 c/o The Melrose Company 2395 241 00 035 P.O. Box 21307 Hilton Head Island, SC 29925-1307 P. 0. Box6513 2395134 05005 Snowmass Village, CO 81615 5235 Princeton Way Boca Raton, FL 33496 2702 Maroon Creek Road Aspen, CO 81611 2395 241 08 014 2395 134 05 004 Refer to the attached exhibit for areas within 1500' of The Sages. Existing uses consist of CR 109, internal PUD roads, golf course, residential areas, gravel pit easement, utility easements, river bank and undeveloped PUD west of CR 109. C:\Documents and Settlngs\eg\l..ocat Settlngs\Temporary Internet Flles\OLK104\SageslmpactAnalysls.doc Sages at Aspen Glen Preliminary Application Page 25 THE SAGES AT ASPEN GLEN PARCEL OFFSET BOUNDARY S<:4lfl , • .., 5/JfJ' DESIGNED SJTB WH/4 ADJACENT PROPERTY f•,•,.,.,...,,.,.,.,.,.,.j C:\Documents and Settings\eg\local Settlngs\Temporary Internet Files\OLK104\SageslmpactAnalysls.doc Sages at Aspen Glen Preliminary Application Page 26 3. Site Features - The project consists of natural ranch lands. See photo. Adjacent lands were modified by construction of CR 109, Bald Eagle Way, and the golf course In the mid 1990's. A steep hillside is located west of CR 109. There are no natural watercourses, wetlands or areas of high groundwater on the parcel. A berm Is located on the western property line that aids in shielding traffic and keeping drainageldebris floods in the CR 109 ditch. Vegetation is predominantly un-irrigated grasses with some Irrigated grasses adjacent to Bald Eagle Way and the golf course. 4. Soil Characteristics - The Natural Resource Conservation Service Soil Survey classifies area soils as Almy Loam. This classification Is generally well-drained and is suitable for residential development. Refer to the Engineering Report for more detailed soil information (Appendix C). 5. Geology and Hazard - All indications are that there are minimal hazard risks to development on The Sages. The "Geotechnical Engineering Study'' (Engineering Report App. C) addresses sinkholes, surface depressions and debris flow areas. No sinkholes or surface depressions were identified in the C:\Documents and Seltlngs\eg\Local Settlngs\Temporary Internet Files\OLK104\SageslmpactAnalysls.doc Sages at Aspen Glen Preliminary Application Page 27 area of the Sages. The study did classify areas east of CR 109 as being In a "Low Debris Flow Hazard Zone" which means that slight damage to conventionally framed structures could occur If grading allowed flows to reach the homes. An option would then be to elevate the concrete foundation or do some other "direct protection" measure. In the case of the Sages, a berm was constructed on the eastside or CR 109. This was done as part of the initial Aspen Glen and CR 109 grading. Debris berms west of CR 109 on The Reserve parcel, previously considered to fully mitigate the risk to the Sages, have not been constructed. The Final Plat Geotechnical Study for the Sages will consider the effects of the existing berm and define any prudent measures to further reduce risk of property damage. 6. Effect on Existing Water Supply and Adequacy- Development on The Sages will have no adverse effects on the source of water supply. The Roaring Fork Water & Sanitation District was created to serve all of Aspen Glen and areas beyond. The service area extends from Coryell Ranch to Iron Bridge and to areas beyond on the east side of the Roaring Fork. Consumption on The Sages represents only 13 taps out of several hundred existing and several thousand ultimate taps. The District's existing wells are located several thousand feet upstream. A "will serve" letter accompanies this application. The RFWSD Master Plan has previously been submitted to Garfield County and satisfies the requirements of7-105 C (7). 7. Effect on Groundwater and Aquifer Recharge Areas This property Is located high on a terrace and well away from and above the Roaring Fork River floodplain. The soils will not be required to support disposal of sewage effluents as the RFWSD centralized wastewater system will handle all flows. Groundwater and aquifer recharge are not concerns as impervious areas are relatively small and there are no wells In the area. Where practicable, the Drainage Plan incorporates permanent Best Management Practices (BMP's) for temporary and permanent pollution control. Prior to construction, a Colorado Discharge Permit System (COPS) Construction Activity 'Permit must be obtained. The requisite Stormwater Management Plan (SWMP) will reference sheet C7 "Erosion Control Map' of the Preliminary Plan Set and all measures necessary to prevent the pollution of surface runoff and groundwater during construction. Baffled drainage Inlets will be Installed to keep floatables on site. Runoff that does leave the site will receive the same water quality treatment typical of the rest of Aspen Glen. It's routed thru open swales, created wetlands and the lake network to promote sedimentation. 6. Environmental Effects- A. Existing vegetation will cleared as necessary for construction. The Landscape Plan illustrates the re-vegetation concept. All work must be approved by the Aspen Glen Master Association and completed per their standards. The Preliminary Plan approval for the Aspen Glen PUD included extensive interaction with wildlife officials to mitigate the effects on wildlife. Those efforts include use restrictions near the bald eagles' nest, relocation of building sites near the Roaring Fork River, and screening on the River Bridge to protect the bald eagles. The Sages at Aspen Glen is located west of the area affected by these mitigation efforts. No specific wildlife related concerns were identified on this property. Mule deer and Elk continue to use the golf course In winter. C:\Documents and Seltlngs\eg\local SeUings\Temporal)' Internet Files\OLK104\SageslmpactAnalysls.doc Sages at Aspen Glen Preliminary Application Page 28 -~----------­.. ··-·---------------- B. There are no known archaeological, cultural, paleontological or historic resources on this parcel. C. The Preliminary Plan approval for the Aspen Glen PUD Included extensive interaction with wildlife officials to mitigate the effects on wildlife. The Sages was not been designated as critical wildlife habitat. Master Association CC& R's will not allow for the creation of hazardous attractions. Landscaping Will need to be protected by fencing In the winter as done elsewhere on Aspen Glen. Deer and elk will continue to use the golf gourse In the winter. D. Radiation hazards have not been identified by Stale or County health departments on this parcel. E. If the Contractor must store fuels or other chemicals on-site, Spill Prevention Control and Counter Measures will be an important part of the SWMP for the COPS Construction Activity permit. 9. Traffic-Aspen Glen, as a whole, will not develop to the number of units contemplated in the original Preliminary Plan. As such, real traffic impacts from the Sages will be minimal. Refer to the "Streets" section of the Engineering Report for the traffic studies. 10. Nuisance-The most likely nuisance will likely be noise and movement during construction for the golfers. This has been a common past concern With development adjacent to the golf course. This applicant and the Master Association have previously addressed the Issue and that experience Will help reduce problems on this project. This project Is less than 25 acres and a CDPHE APEN Fugitive Dust permit is not required. However, dust control will be a contractor responsibility per the construction contract. 11. Reclamation Plan -All disturbed areas of The Sages will be re-vegetated per the Erosion Control Map, Landscape Plan and Master Association requirements as approved by the Design Review Committee. C:\Documenfs and Seltlngs\ag\Local SetUngs\Temporary Internet Files\OLK104\SageslmpacfA.nafysls.doc Sages at Aspen Glen Preliminary Application Page 29 The Sages at Aspen Glen Tab 8. Land Suitability Analysis 1. Public Access to Site·· ----· ··-·· ·-------------·-·-····--------··-------· ·····------·-·----- The Sages at Aspen Glen lies north of and adjacent to Bald Eagle Way, the main collector street within the Aspen Glen PUD. Bald Eagle Way provides access to Colorado Highway 82 by way of an Access Permit granted by the Colorado Department of Transportation. In addition, direct access onto County Road 109 is provided by Bald Eagle Way and subsequent streets. Improvements to County Road 109 adjacent to the Aspen Glen PUD were completed by Garfield County and the Aspen Glen PUD, per the approval resolution. 2. Access to Adjoining Roadways- Access to Bald Eagle Way will be stop sign controlled. The Aspen Glen CR 109 entrance gates are located about 200' from the Intersection where vehicles will also stop. Speed limit is 24 mph. Site distance exceeds 250' in each direction and Is more than sufficient based on AASHTO standards. There are no appreciable Intersection constraints. 3. Easements - All easements affecting the Sages parcel are shown on the Preliminary Plat. The lot and infrastructure layout has been developed to avoid conflicts with all easements. A drainage easement for a 30" pipe traverses the property between Lots 5 & 6. A utility easement exists along the north side of Bald Eagle Way. By agreement, the Golf Course Corridor easements for the cart path are to be vacated as the cart path will move to the east side of the tees. This will occur prior to recordation of the Final Plat. Easements necessary for proposed Infrastructure are also shown on the Preliminary Plat. 4. Topography and Slope- Existing grade contours are shown on Sheet 2 of the Preliminary Plat set. Existing grade contours and proposed grade contours are shown on the Preliminary Construction Plans. Slopes on the project are satisfactory for the intended use and do not pose any threats to public safety. Gravity block walls are proposed to retain the west side of the internal road. 5. Natural Features- The project consists of natural ranch lands. See photo. Adjacent lands were modified by construction of CR 109, Bald Eagle Way, and the golf course in the mid 1990's. A steep hillside is located west of CR 109. C:\Documents and Setllngs\eg\Local Settings\Temporary Internet Files\OLK104\SageslandSuitablllty.doc Sages at Aspen Glen Preliminary Application Page 30 ··-·---·---·····---------····--------···------~~ Photo looking North from Bald Eagle Way 6. Drainage Features- The parcel slopes from west to east. A buried 30' CMP captures flow from the CR 109 ditches and traverses the northern part of the property. 7. Water- Before Aspen Glen, the Sages lands were located just below the highest lateral of the Kaiser- Seiver's Ditch. Flood irrigation ceased with construction of the golf course and there are no tallwater issues. Average day domestic water demands are estimated at 4455 gallons per day. Landscape Irrigation will be off individual lot pressurized systems feed by either domestic of Kaiser-Seiver's water, at the developer's discretion. The Roaring Fork Water & Sanitation District (RFWSD) is the water supplier. A "will serve' letter accompanies this application. The RFWSD Master Plan has previously been submitted to Garfield County. 8. Floodplain This property Is located high on a terrace and well away from the Roaring Fork River floodplain. C:\Oocuments and Settings\eg\Local Settlngs\Temporary Internet Flles\OLK104\SageslandSultabllity.doc Sages at Aspen Glen Preliminary Application Page 31 9. Soils The soils on this parcel are typical of those found on adjacent residential areas and do not pose any significant restraints on the ability to develop this parcel. Refer to page 10 of the Preliminary Plan Engineering Report for more detailed Information and Appendix C of that document for the Preliminary Plat 'Geotechnical Engineering Study" by Chen-Northern. 10. Hazards The "Geotechnical Engineering Study" addresses sinkholes, surface depressions and debris flow areas. No sinkholes or surface depressions were identified in the area of the Sages. The study did classify areas east of CR 109 as being In a "Low Debris Flow Hazard Zone" which means that slight damage to conventionally framed structures could occur If grading allowed flows to reach the homes. An option would then be to elevate the concrete foundation or do some other "direct protection" measure. In the case of the Sages, a berm was constructed on the eastside or CR 109. This was done as part of the initial Aspen Glen and CR 109 grading. Debris berms west of CR 109 on The Reserve parcel, previously considered to fully mitigate the risk to the Sages, have not been constructed. The Final Plat Geotechnical Study for the Sages will consider the effects of the existing berm and define any prudent measures to further reduce risk of property damage. 11. Natural Habitat The site of The Sages at Aspen Glen was historically under agricultural uses. The high terraces above the river were used for hayfields and grazing. The vegetation was primarily cultivated agricultural grass. David Steinman, of Professional Wetlands Consultants, was retained during the planning of Aspen Glen to Identify wetlands within the PUD. Those areas were identified, mapped and approved by the U. S. Army Corps of Engineers, and are shown on the original PUD Preliminary Plan for Aspen Glen. There are no wetlands within the Sages parcel. The Preliminary Plan approval for the Aspen Glen PUD included extensive Interaction with wildlife officials to mitigate the effects on wildlife. Those efforts include use restrictions near the bald eagles' nest, relocation of building sites near the Roaring Fork River, and screening on the River Bridge to protect the bald eagles. The Sages at Aspen Glen Is located west of the area affected by these mitigation efforts. No specific wildlife related concerns were identified on this property. Mule deer and Elk continue to use the golf course In winter. 12. Resource Areas The Sages parcel Is not in any known protected or registered archeological, cultural, paleontological or historic resource area. C:\Documents and Settlngs\eg\Local Seftlngs\Temporary Internet Flles\OLK104\SageslandSuftability.doc Sages at Aspen Glen Preliminary Application Page 32 Lighting Plan-Not Applicable Not Included in Application ( The Sages At Aspen Glen TAB 10 Visual Analysis Included in this section are five depictions of conceptual improvements superimposed in scale on Go ogle Earth backgrounds. These views are from various points including the adjacent County Road. The conceptual drawings are consistent with the PUD set hack and height regulations. The conceptual improvements shown are similar in mass and scale to other existing buildings within existing neighborhoods throughout the Aspen Glen PUD. Sages at Aspen Glen Preliminary Application Page 33 l I ( ) \ ( Sages at Aspen Glen Preliminary Application Page 34 ( ( Sages at Aspen Glen Preliminary App li c ation Page 35 ( Sages at Aspe n Glen Prelim inary Ap plicat ion Page 36 ( ( S ages at Aspen Glen P relimin ary App lication Page 37 ' I ( Sages at Aspen Glen Prelimin ary Application Page 38 THE SAGES at ASPEN GLEN GARFieLD COUNTY, COLORADO PRELIMINARY PLAN ENGINEERING REPORT APRIL 2010 Prepared by David M. Kotz, P.E. Schmueser Gordon Me!Jer, Inc. 118 West 6tlr Street, Suite 200 Glenwood Springs CO 81601 April2010 TABLE OF CONTENTS Sages at Aspen Glen Preliminary Application Page 39 THE SAGES at ASPEN GLEN PROJECT DESCRIPTION STREETS DRAINAGE GEOTECH SEWER EROSION AND SEDIMENT CONTROL WATER APPENDICES A TRAFFIC REPORT B DRAINAGE CALCS C SOILS REPORTS PROJECT DESCRIPTION 1:2008-361.001-01 Sages Preliminary Plan Engineering Report 2 I Sages at Aspen Glen Preliminary Application Page 40 PROJECT DESCRIPTION The Sages at Aspen Glen -consists of a 4.24 -acre parcel Within the Aspen Glen PUD. This parcel is zoned Club Villa Zone District, and Is subject to the development standards within that district. The Sages parcel is located in the northern portion of the Planned Unit Development near the back entrance off County Road 109. It Is bordered by County Road 109 on the west, Bald Eagle Drive on the south and Aspen Glen Hole 3 on the east. The 1993 Aspen Glen Preliminary Plan Submittal included survey and engineering design for 6 single-family lots. A maximum of fifteen (15) units could be built under the current Club Villas zoning. This plan includes only seven (7} single-family lots arranged on the east side of Allison Road and three (3) duplexes on the west for a total of thirteen (13) dwelling units. This revised Preliminary Plan submittal provides survey and near construction-level engineering design for the 13 unit configuration. Development of this parcel has always been a consideration in the overall master planning and engineering of Aspen Glen. Connections for all utilities are located immediately adjacent to the parcel. Existing water and sewer mains and downstream drainage infrastructure are more than sufficient to serve the Sages lots. The Sages will be constructed under the same standards, details and specifications used elsewhere in Aspen Glen. To minimize Impacts on the golfing community, the public infrastructure will be installed in one phase. Residential construction and associated over-Jot grading will proceed In a phased fashion based on market conditions. • STREETS The Sages Is located east of County Road 109 just north of the Bald Eagle Way Intersection. Improvements to County Road 109 were completed by Garfield County and the Aspen Glen PUD, per the approval resolution. Bald Eagle Way Is the main collector street within the Aspen Glen PUD. It also provides the primary access to Colorado Highway 82 by way of an Access Permit granted by the Colorado Department of Transportation. 1:2008·361.001·01 Sages Prellmlnal'/ Plan Engineering Report 3 Sages at Aspen Glen Preliminary Application Page 41 The Interior road is tentatively named Allison Road. The roadway cross section matches the standard Aspen Glen residential template and includes two 11-foot asphalt driving lanes with 27-lnch wide curb and gutter on each side. An intermediate eyebrow Is provided to act as a turnaround. Radii exceed the minimums necessary for emergency vehicles end the design has been developed in compliance with criteria from the Carbondale & Rurai.Fire Protection District. Like the other Internal access roads within Aspen Glen, these roads will be privately owned and maintained by the homeowners' associatlon. Aspen Glen has constructed a bike trail on the west side of CR 109 thru "The Reserve' parcel. No separate trails, walkways or bikeways are contemplated within The Sages. Traffic impacts for the original PUD zoning of Aspen Glen were contemplated In the attached "Traffic Impact Study" by Mathew J. Delich, P.E. (Appendix A). Note that the original PUD zoning contemplated a larger number of dwelling units than can possibly be built with existing development and current zoning on the few undeveloped parcels. Thus, overall traffic Impacts will be less than considered In the previous 1993 Preliminary Plan Approval. Trip Generation Rate calculations for The Sages using the most current Institute of Traffic Engineers, Trip Generation Manual, to establish an Average Dally Traffic (ADT) follow. Land Use Single-Family Detached Housing 1 Recreational Homes• Total Traffic Generation: #of DAILY UNITS RATE 7 9.57 6 3.16 13 UNITS Estimated Traffic Generation Aspen Glen-The Sages AM RATE/ PM RATE/ DAILY %1N,%0UT %IN, %OUT TRIPS 0.75/ 1.01/ 25% Enter 63% Enter 67 75% Exit 37% Exit 0.16/ 0.26/ 67% Enter 41% Enter 19 33% Exit 59% Exit 86 AM AM PM PM IN OUT IN OUT 1 4 4 3 1 0 1 1 2 4 6 4 1 -ITE Land Use Coda #210-Single-Family Detached Housing, kip tate based on number of dwelling units 2 -ITE Land Use Code #260-Recreallonal Homes, trip rate based on numbor of dwe\Png un;ts Notes: The rates are taken directly from Trip Generation, fh Edition (Institute of Transportation Engineers, 2003). No reduction has been applied to any rates to account for possible transit, ride-share, bicycle, pedestrian, or trips made by another mode of travel. Peak hour calculated trips were rounded up to provide a more conservative forecast of peak hour traffic generation. 1:2008·361.001-01 Sagas Preliminary Plan Engineering Report 4 I ·- Sages at Aspen Glen Preliminary Application Page 42 I I Trip Generation defines single-family detached housing as, "all single-family detached homes on Individual lots. A typical site surveyed is a suburban subdivision.' Also of note, 'Single· family detached units had the highest trip generation rate per dwelling unit of all residential uses because they were the largest units In size and had more residents and more vehicles per unit than other residential land uses; they were generally located farther away from shopping centers, employment areas and other trip attractors than other residential land uses; and they generally had fewer alternate modes of transportation available, because they were typically not as concentrated as other residential land uses. The peak hour of the generator typically coincided with the peak hour of the adjacent street train c.' Trip Generation defines recreational homes as, "usually located in a resort containing local services-and complete recreational facilities. These dwellings are often second homes used by the owner periodically or rented on a seasonal basis.' Also of note, "A large number of Internal trips were made for recreational purposes In resort communities containing recreational homes." For a worst-case, or a conservatively high, estimate of trip generation the above analysis assumes all seven of the single-family residences are primary residences and the duplex units are counted as recreational homes. If the duplexes were analyzed as Townhome/Condo use in Trip Generation, this would add approximately 3 more trips per unit (18 total additional). The approximate 50% assumption of recreational units is consistent with current ratios in Aspen Glen. Applying the recreational percentage to the duplex units produces higher trip generation estimates than if the single-family detached units were considered recreational. DRAINAGE The drainage plan and design for The Sages conforms to that envisioned in the 1993 Master Aspen Glen Drainage and Water Quality Report. All downstream Aspen Glen drainage Infrastructure was previously designed and installed to provide water quality treatment and flood protection for post-development conditions. With a total parcel area of only 4.24 acres, the site runoff pales in comparison to the drainage from over 300 acres west of County Road 109 and the rest of the project. County Road 109 was re-constructed with drainage improvements . (roadside ditches and cross culverts) that accommodate the offslte flows and_ those from post· development conditions on The Reserve parcel, In the vicinity of The Sages, large ditches 1:2008·361.001·01 Sages P1e1;mrnary Plan Engineering Report 6 Sages at Aspen Glen Preliminary Application Page 43 along County Road 109 capture all flows and convey them to one cross culvert. Runoff is conveyed through The Sages by the 30" CMP located between lots 5 and 6. Site drainage from the Sages will flow to the natural depression at the rear of lots 2 and 3. The previous plan routed this flow over land between golf tees to a small inlet on the right side of the course In front of the tees. Aspen Glen Golf opposed this plan due to concerns over excessive wetting of the course and unknowns associated with their drainage system (The outlet for their area drain is unknown.) The drainage plan has been revised to alleviate the concerns of Golf. A 15' pipe will now divert these flows away from the teas and into the 30' CMP at the rear of lots 5 and 6. The 30" travels on to collect flows from Homestead Road. After changing to a 36" pipe, it outlets to the golf course stream on Hole 6. Flow continues on thru the stream and created wetlands and into the lake network. For on-site drainage, the primary concern is that proper residential site grading conveys runoff around and past the structures. Runoff from the western lots (8, 9 & 1 0) will then be Intercepted by the proposed roadway. The fronts of lots 1 -6 will also drain to the roadway and be piped eastward. The remainder of this section discusses the methodology, procedures and results of the drainage analysis conducted by SGM. Complete calculations are Included in Appendix B. Sheet C 1 serves as the drainage area map Methodology The NRCS TR-55 method was used for estimating the amount of runoff that will occur as a result of a particular precipitation event. This method calculates runoff from Individual basins based on the basin area, SCS curve number, precipitation and the time of concentration. Drainage Basin Area No off-site basins are tributary to The Sages. The overall project area was divided Into five sub-areas that range In size from 0.15 acres to 1.58 acres. All basins drain to the east to grassed swales on the golf course. Basins are delineated on sheet C1. 1:2008-361.001·01 Sages Preliminary Plan Engineering Report 6 ! Sages a1 Aspen Glen Preliminary Application Page 44 I I SCS cwve Number A SCS CUIVe number Is assigned to each basin. The curve number provides the relationship between the amount of precipitation and the amount of subsequent runoff. The curve number is a function of soil type, vegetative-cover, land use, and antecedent moisture conditions. The SCS soil map and descriptive table ar~ also Included In Appendix B. An area-weighted average curve number Is assigned to each sub-area due to the variation in soli types, Impervious and vegetative cover. Precipitation Large runoff events In this region of Western Colorado are caused by cloudburst type storms that are characterized by short durations of high intensity rainfall. The SCS Type II 24-hour distribution best represents these types of storms and was used for this analysis. Rainfall depths were taken from the NOM Atlas 2, Precipitation-Frequency Atlas of the Western United States, Volume Ill-Colorado. Values fotthe 2-, 10-, 25-and 1 00-year are 1.30, 1.60, 2.00 and 2.40 Inches, respectively. Time of Concentrationtrravel Time Time of concentration (TC) Is an Important parameter In runoff modeling. It is defined as the time it would take for a drop of water falling on the most hydraulically remote point In the watershed to reach the outfall. TR-55 uses a segmented approach consisting of three components: sheet flow, overland flow, and channel flow, to estimate (TC). The length of flow, surface roughness, slope and channel geometry all factor in. Flow velocities are estimated using Manning's kinematic flow equation. Shorter TC's produce more rapid runoff and comparatiVely higher peaks. As sub-areas on The Sages are relatively small, a minimum TC of 0.1 hour was applied in the calculations. Analysis & Results The following table summarizes the drainage characteristics of The Sages sub-areas and presents results of the 2-, 10·, 25-and 100-year analysis. Complete computer output Is Include In Appendix B. 1;2008-351.001-01 Sages PrellmlnaiY Plan Engineering Report 7 Sages at Aspen Glen Preliminary Application Page 45 TR-55 Parameters & Results BASIN AREA CN Tc Q, Q,. Oos Q,,. [ae] fhrl fefsl rcfsl refsl lcfsl A 0.906 76 0.1 0.10 0.38 0.51 0.82 B 0.932 B2 0.1 0.30 0.70 0.89 1.30 c 0.500 80 0.1 0.12 0.31 0.41 0.61 D 1.575 79 0.1 0.33 O.B9 1.17 1.80 E 0.152 84 0.1 0.06 0.13 0.17 0.23 Total 4.065 0.91 2.38 3.13 4.77 Stormwater Quality There is little risk of temporary or permanent water quality impacts resulting from the construction of The Sages. Sediment discharged downstream during construction would be the primary concern. The golf course and HOA simply won't tolerate that. To minimize sediment transport, appropriate best management practices (BMP's} will be utilized. Straw bale check dams, culvert Inlet protection and silt fence will prevent sediment from traveling downstream. Refer to sheet C7 for the Erosion Control Plan. The contractor will need to obtain a "Stormwater Permit for Construction Activities over 1 Acre" from the Colorado Department of Public Health and Environment and follow all requirements. Runoff that does leave The Sages will receive substantial treatment on Aspen Glen prior to ever possibly reaching the wetlands adjacent to the Roaring Fork River. That treatment includes the baffled Inlets, dilution of the golf course stream flow, flow thru created wetlands and sedimentation afforded by three lakes In series. WATER Water Supply and Treatment The Sages will be served by the Roaring Fork Water & Sanitation District (RFWSD). Refer to the "will serve" letter contained elsewhere In this application. The RFWSD water supply system has been approved and accepted by the Colorado Department of Public Health & Environment and has more than enough capacity to serve the 13 units in The Sages In addition to the previously platted lots. A copy of the RFWSD Water System Master Plan, June 20081s on file with Garfield County. Water for the District Is supplied through an augmentation plan, Case No. 93CW192, which was approved on October 31, 1995. Under this plan, water is supplied via wells on the Aspen 1;2008·361.001-01 Sages Prelimlno.y Plan Engineering Report 8 Sages at Aspen Glen Preliminary Application Page 46 Glen property, which are augmented through contracts with both the West Divide Water Conservancy District and the Basalt Water Conservancy District. The infrastructure completed as part of the previous phases of Aspen Glen includes a 700,000 gallon water storage tank east of Highway No. 82, a 300,000 gallon tank west of County Road 109, three wens and a chlorination well house. The RFWSD system also includes two separate 10" connections to Coryell Ranch where a 400 gpm well pumps thru a chlorination facility to a 200,000 gallon tank. A 12" transmission main also extends northward to Iron Bridge where a 300,000+ gallon tank Is located. All these facilities are Interconnected and provide redundant storage and connections to The Sages. A conservatively, high estimate for Sages average water demands would be 13 units x 3.5 persons/unit x 100 gallons/person/day = 4550 gallons/day. Water Distribution Water service will be delivered to The Sages by the 10" transmission main between tanks and the 8" main located In Bald Eagle Way. The new 8" main in Allison Road will be stubbed to the property boundary and available for connection when The Reserve parcel located west of County Road 109 is developed. This will further strengthen the district system. Waterlines and services will be built to the standards of the Roaring Fork Water & Sanitation District. Upon completion and acceptance, the tines will be dedicated to the District. WaterCad water system computer modeling has shown that The Sages area will have normal water system pressures of around 70 psi, which Is about optimal. The model predicts fire fiows of about 2,000 gpm at the minimum residual pressure of 20 psi. Base conditions for the model considered all district tanks at the Y. full elevation of 6216' and system-wide maximum day demands. Available fire flows will increase once the additional loops are completed across The Reserve. SEWER Wastewater Treatment Wastewater treatment will be through the Roaring Fork Water & Sanitation District (RFWSD). 1:2008-361.001·01 Sages Preliminary Plan Engineering Report 9 Sages at Aspen Glen Preliminary Application Page47 The District has completed Phase I of the wastewater treatment facility, and It Is operating under Discharge Permit No. C0-0044750 Issued by the Colorado Department of Public Health & Environment. At the present time, a limited number of residences are built and tied Into the wastewater treatment facility. Total flow to the facility Is well below capacity. Refer to the "will serve" Jetter provided by the RFWSD contained elsewhere in this application. A conservatively, high estimate for Sages average-day wastewater flow would be 13 units x 3.5 persons/unit x 70 gallons/person/day== 3185 gallons/day. Wastewater Collection System The Sages is included within the Roaring Fork Water and Sanitation District wastewater service area, and the interceptor sewer and wastewater treatment facility were all sized to Include The Sages wastewater contribution. Service to this parcel is consistent with the Water & Wastewater Master Plan previously approved for Aspen Glen. The internal 8" gravity collection sewer lines will be built to the standards of the Roaring Fork Water & Sanitation District, and then dedicated to the District upon completion and acceptance by the District. These lines will connect to the existing manhole and line in Bald Eagle Way. Wastewater will flow entirely by gravity from the collection lines to the Interceptor sewer line that flows to the wastewater plant. SOILS A map and description of soil types and their boundaries based on the National Cooperative Soil Survey are Included In Appendix C. These were taken from the United States Department of Agriculture Natural Resources Conservation Service Web Soil Survey 1.1. Appendix C also Includes the original "Geotechnical Engineering Study for Preliminary Plat Design, Proposed Aspen Glen Development, Garfield County, Colorado" by Chen Northern, Inc., dated May 28, 1993. After Preliminary Plan approval from Garfield County, SGM recommends that The Sages obtain a detailed, site-specific geotechnical and foundation report for use In preparing the Final Plans. 1:2008·361.001·01 Sages Preliminary Plan Englneer;ng Report 10 Sages at Aspen Glen Preliminary Application Page 48 MISCELLANEOUS UTILITIES All affected utility companies have been notified of this application and have copies of the project layout so they may complete their respective designs. E/eotrioity Power for the west side of Aspen Glen, or the west side of the Roaring Fork River, is provided by Xcel Energy. As part of the master planning and development of the Aspen Glen PUD an electric system sufficient to serve the entire development has been designed. Xcel Energy will service The Sages via the existing underground power lines extended to the projept area below the proposed roads. Gas Gas Service will also be provided by Source Gas. The gas main, which previously crossed the Aspen Glen property on the west side of the Roaring Fork River, has been relocated along County Road 109. The main was sized at the time of installation to provide service to the Aspen Glen PUD. New gas lines will be simply be extended through The Sages. Telephone Qwest provides telephone service to Aspen Glen through a land development agreement dated December 5, 1991. Telephone lines, which previously cross the Aspen Glen property west of the Roaring Fork River, have been rerouted along The Sages parcel and below the roads. A fiber optic line Is located between the existing bike path and County Road 109 on the Reserve parcel. • 1:2008·361.001-01 Sages PrelimlnaiY Plan Engineering Report 11 Sages at Aspen Glen Preliminary Application Page 49 APPENDIX A TRAFFIC REPORT I I Sages at Aspen Glen Preliminary Application Page 50 ••• TH~ ASPEN GLEN CLUB TRAFFIC IMPACT STUDY GARFIELD COUNTY, COLORADO APRIL 1992 Pnpared for: The Aspen Glen Club 555 East Durant, Suite 4-A Aspen, Colorado 81611 Prepared by: MATTHEK J, DELICH, P,E, 3413 Banyan Avenue Loveland, co 80538 Phone: 303-669-2061 Sages at Aspen Glen Preliminary Application Page 51 • • I. INTRODUCTION Aspen Glen Club PUD is a residential community with a private galf course and clubhouse. The location of Aspen Ghln Club h shown in Figure 1. The residential portion of Aspen Glen Club will consist of primarily single £amtly d&tached and duplex dwelling units, ~ri th some condominium type dwelling units. A detailed description of the Aspen Glen Club is contained in the submission for "Planned Unit Development and Sketch Plan for the 1\spen Glen Club," li'ebruary 21, 1992. This study was performed to evaluate the traffic operation using the existing traffic, traffic generated during major construction phases, and at build out of 1\epen Glen Club PUD, During the caurse of this study frequent contact was made with the Aspen Glen Club staff and consultants, the Garfield County planning and engineering staff, and the Colorado Department: of Transportation. This traffic study generally conforms with typical traffic impact study guidelines. It involved the following steps: Evaluate existing traffic and road conditions; -Trip generation: -Trip distribution; -Trip assignment; -Operational analyses; -Geometric analyses. ti. EXISTING CONDITIONS In order to evaluate the impacts of a development such as the ~span Glen Club, it is important that a thorough understanding of the existing road system be presented. The existing conditions present a base to which the future conditions can be compared. Roads The Aspen Glen Club is proposed .to be located along the Rearing Fork River between state Highway 82 (BH82) and Garfield County Road 109 (CR109). These are the roads which will be primarily impacted. SHB2 is a northwest-southeast road, conneeting Glenwood Springs and GranH:e. The resort community of Aspen is situated approximately at the midpoint. Independence Pass is located southeast of Aspen. It is closed for a number of months during the winter. Adjacent to the Aspen Glen CJub, SHB2 has a four lane rural cross section. It has a grass median 16-18 feet wide. Shoulders are B-10 f~et. The posted speed l!mit is 55 mph, 1 I Sages at Aspen Glen Preliminary Application Page 52 I I l SITE LOCATION No Scale Figu~e 1 Sages at Aspen Glen Preliminary Application Page 53 • • CR109 is administered by Garfield County, At the north end, CR109 begins at CR154 at a bridge over the Roaring Fork River. It continues in a southeast direction on the west side of the Roarin~ Fork River to an intersection with CRlOB near Carbondale. The road is approximately 6,1 miles long. Th& northern 1.7 miles has asphalt pavement. It is approximately 26± feet Wide. The posted speed from West Bank to the end of the pavement is 40 mph. The gravel portion of CR109 ts approximately 4.0 miles long, The width of the travelled way varies from 16-24 feet. The determination of the travelled way was 'based upon observed wheel tracks on the gravel surface. According to Garfield County staff, the right-of- way available was uncertain. The gravel segment is posted at 25 mph. A chip and seal paved surface exists for, 0,4 miles north of CRlOB. This pavement is approximately 20 feet wide. This segment is posted at 25 mph. . · Approximately 1.4 miles of the gravel portion of CR109 is bordered on both sides by the Aspen Glen Club PUD. Ano~her o.az miles of CR109 J.s "loosely" adjacent to the Aspen Glen Club PUD. The remaining 2. 2± miles o£ ClU09 cannot be considered to be aqjaoent to the Aspen Glen Club PUD property • . . The condition of CR109, particularly the gravel portion, bears some comment. The portion of CRl09 that is bordered by Aspen Glen Club on both sides has some mild vertical and horizontal curves. These do not cause operational constraints. Sight distance could be improved on some curves by keeping the· roadsldtt vegetation trimmed. There is a ver~ical curve. approximately 200 feet north of Sievers Corner with limited sight distance. This is complicated by an especially narrow roadway width. . .If ~he sight. distance · cannot be improved through this vertical curve, the roadway should be widened. The horizontal curve at Sievers Corner could present some hazard. It is recommended that Garfield county in~estigate improvement of this combination of vertical and horizontal curves, Based upon observation, it appears that the utility poles are well to the west of the horizontal curve. Therefore, there may be right-of-way available to smooth the horizontal curve without acquisition of additional right-of-way •. Just south of Sievers Corner, there is a 2000 foot long segment of CR109 that drops off severely on the east side. Tire tracks indicate that vehicles do not get very close to the edge. On the west side of the road, the terrain rises severely. There is an irrigation ditch running parallel to CR109 on a "bench" above the road, This ditch may limit widening of CR109 to the west. 'llidening to the east appears to be unfeasible. Then. is an intersection with limited sight distance approximately 0.9 miles north of the beginning of the chip and seal pavement. Dust is & problem on the gravel segment of CR109. Beside the nuisance problem of dust for motorists and adjacent land owners, dust can create visibility concerns. Based upon casual a I . ' I .. I I. Sages at Aspen Glen Preliminary Application Page 54 • • observation, it took 2-5 seconds for adequate visibility to return after a vehicle passed. Traffic Traffio counts on SH62 were obtained from the Colorado Department of Transportation. In the segment between Spring Valley. Road and SH133, the 1990 average daily t:raff~o (ADT) was 10,900. The desigp hour volume· (DHV) was 11 percent and there were 6 percent trucks. The 20 year projection factor wa• 1.7. Garfield County Engineering Department obtained traffic counts in September 1990 on CR109 at three locations: 1. At the Roaring Fork River Bridge -3476 vehicles: 2. Just south of West Bank acceus -700 vehiclesr 3. At the CR108 intersection-631 vehicles. Applying factors for existing land uses and activities along CR109 between count locations 2 and 3, indicates that through traffic on the road ranges between 400 and 600 vehicles a day. Garfield County Engineering indicated that additional counts would be obtained in April 1992 to corroborate the 1990 traffic counts. During data collection conducted on March 31, 1992,· the following observations of traf£ic were made: -From 10:00-10:30 AM, one passenger vehicle was observed on the gravel portion of the road. There were two. gravel trucks exiting and one truck entering the gravel pit near the north end of the Aspen Glen Club property. The three trucks were to/from the no.rth. -From 2:30-3:15 PM, seven passenger vehicles were observed on the gravel portion of the road. Based upon judgment, no. two vehicles ware on the gravel portion at the same time. No gravel truc.ks were observed. · operation SH82 and CR109 were evaluated based upon methodologies contained in the 1985 Highway capacity Manual (1985 HCM), Since gravel roads with a narrower than 18 foot width are not specifically addressed in the 1985 HCM, adjustments to the serv~ce {low rates and V/C ratios were made to obtai~ the threshold volumes for the level of service categories. The segment of sHea adjacent to the proposed Aspen Glen .Club is ope~:at1n9' at level of service B. For rural highways, the Colorado Department of Transportation defines acceptable as level of service C or better. This analysis ~as performed using the 1990 DHV as reported earlier. 3 Sages at Aspen Glen Preliminary Application Page 55 • • The gravel portion of CR109 is op&rating at level of service B, considering an average ADT o£ sao vehicles and a DHV factor of 11 peroent. From an operational perspective, CR109 would appear to be adequate as it. currently exists. However, oonsideiat.ion must also be given to tho general condition of the road. Tho minimum effective width of any road is established at ao feet, based upon American Association of State Highway and Transportation Officials criteria. Garfield County should strive to attain this minimum for all roads with an ADT greater than 60 vehicles. Based upon cl;"iteria in the Federal Clean Air Act, the 4urface of any road with- an ADT of >200 should be paved. Based upon these criteria, it is recommended that Garfield County both pave and widen CR109 t~ ~eet minimum design standards. This recommendation is made whether or not the AspGn Glen Club develops in this location. In consideration .of availability of funds to accomplish this improvement, Garfield' County should place this road on an improvement plan, detailing when the improvement will be made. Land Uses Land uses b'oth on. the site and surrounding the site are agricultural or open. Land uses north and south of the site are in aoUve agricultural u~e. focusing on .hay production and livestock pasturing. There is a gravel extraction. operation immediately north of the proposed Aspen Glen Club. East and west of; the site is rugged terrain with limited agd~ultural use .. The community of Carbondale lies three miles to the south. The 1990 population was reported at :'1,004. Glenwood Springs is 7.5 miles to the north; The 1990 popalation. was reported at 6, 561. Both commanities offer basic retail services, but Glenwood Springs has more retail stores and likely offers a wider variety o£ goods and sel:'vices. -· Recreational activities exist throughout tnis area of Colorado. However, the most attractive recreational activities are in Glenwood Springs and Aspen. III. PROJECT DESCRIPTION The Aspen Glen Club is a re~idential gol£ community located in the Roaring Fork River Valley approximately 7.6 miles south of Glenwood Springs, Colorado. The development Will include. 643 dwelling units, most oC which are single family detached homes. A clubhouse with tennis and ~w!mming activities wtll be at the center of the development. A site plan is shown in Figure 2. More detailed site'plans, showing specific uses and activity locations, are provided in other planned unit development and sketch planning documents submitted to Garfield County. 4 . . Sages at Aspen Glen Preliminary Application Page 56 Access to River Park -'--- ~ Oil > oC lll § = w !( In SITE PLAN ,_ .. •., No Seal ,A ..... , 0 ) <. ' Primary ') Aspen Glen Cl Ao.cessz '•, I ' /'·.J' l Figure ~ t ~ .. \ I Sages at Aspen Glen Preliminary Application Page 57 • • Primat"y access to Aspen Glen Club will occur at a security controlled road to SH82, There will be an emergency only access located approximately 3600 feet to the south of tho primary ao~ess .. An acce~s is also pt'oposed to CR109, located approximately 3500 feet north of Sievers Corner. This will be a limited use access, primarily used by the residents of the 31 dwelling units located wesl: of CR109. It is proposed I: hat I: his access be controlled by a card activated gate with full access allowed for the 31 dwelling units west of CR109. Egress will be allowed at this location for all Aspen Glen Club res·idents, Other than the 31 dwelling unt ts west of CR109, this access is expected to have limited use. THe existing access to/tht'ough the gravel pit opera~ion at the north end of Aspen Glen Club will continue. This road will provide vehicular, bicycle, ancl pedestrian access ~o ~he public river park. o~her accesses along CR109 are .for emergency 'vehicles only to access long cul-de-aacs. These accesses will not have day-to-day use. As part of this development, the Aspen Glen Club is proposing to participate in paving CR109 from the end of the existing pavement, a distance of 9,000 ±feet to the golf course maintenance area. Aspen Glen Club will also participate in applying a chip and seal surface another 4000 + feet to the south. This chip and seal surface will extend through most/all of the narrow segment wU:h the steep side slopes. Trip GenEJraHon !he number of ~rips generated by a u~e such as this will have a dirac~ impact on the area road ays~em. Garfield County expressed an interest in knowing the amount of construction traffic that will be generated and the traffic generated by the l:'E.>SidE!nts of the Aspen Glen Club, Prior to construction of any dwelling units, certain infrastructure items and the golf course will be completed or near completion. In accordance with the proposed schedule, the construction access activity contained in Table 1 will' likely occur, The estimate of trips contained in Table 1 are based upon information supplied by the Aspen Glen Club, research for similar construction activities, and a contingency factor of 20 percent. It is assumed that Phases A, B, and c will not overlap. Phase A assumes that all construction vehicles and workers wU 1 be required to access via the primary access to 5H82. During Phase B, rt is assumed that the bridge would not be comphted. !herefor.a, a significant number of workers will be required to access the area wast of the river via CR109 through the gravel pit entrance road, By Phase C, tQe bridge is expected to be completed and as such, all cons~ruction trips will be required to access via 6H82, Timing of construction of any home will be under the control of each Aspen Glen Club resident. The expected development will occur over a 10- 5 I I I I I. II i j u c u Sages at Aspen Glen Preliminary Application Page 58 • • Tabl$ 1 Const~uotion Trip Gene~ation l\na 1 ys i"s Phas as l\, Golf course -back nine Infrastructure east of Roaring Fork River Bridge construction B. Golf Course -front nine Infrastructure west·of Roaring Fork River Bridge Bridge construction Waste Water Plant c. Clubhouse Miscellaneous homes D. Miscellaneous homes (vpd ~ vehicles per day) ~ooess Location SHB2 CR109 220 vpd 55 vpd sao vy·d 320 v_pd 220 vpd .. Sages at Aspen Glen Preliminary Application Page 59 • • 12 year period. The construction i:raffic, related to miscellaneous home construction, assumes that 10 percent o! the single family and duplex homes will be at various stages of construction per year. The townhouse units (Club Villas) will be built by the Aspen Glen Club developer as the last phase of construction (Phase XI), PhaseD accounts only £or miscellaneous home construction. During each of the remaining years to the expected build out of Aspen Glen Club, there will also be re:Jident related travel activity. Trip Generation prepared by the Institute of Transportation Engineers is customarily used to determine tho vehicle trips that will be generated by development proposals. This reference lists recreational homes as a land use code. The daily trip rate is listed as 3.162 per dwelling. In consideration of sources used to develop this rate and following conversations Nith Garfield County staff, this rate was. factored by 1.5 times, gi~~ng a daily rate of 4.74 trips per dwelling unit. Maid and lawn service trips were factored into the trip generation. lt was assumed that tlle:Je services would be required once a week and would oaour over a six day period (Monday through Saturday), It was also assumed that a given service could handle three dwelling units per day. DUring the summer months, Aspen Glen Club employens are expeoi:ed to number 100 (golf course, clubhouse, etc,), Not all would be on·sHe during the entire day, nor arriving and departing at the same time periods. lt was assumed that Aspen Glen Club employees would make one trip in and one trip out during a typical day. In the winter, the number of employees would be significantly lower than in the surnme;r;. Since the Aspen Glen Club is expected to be largely' a second home community, not all residents are expected to be on site at a given time. !tor analysis purposes, 65 percent occupancy was assumed. This is considered to be a conservatively high estimate. It might occur ever a one to two week period in July or August. Trip Distribution Trip distribution was eatimated by developing a series of gravity models for each of the travel activities. Population andjor recreational activities in the area were determined to be the variables used in each model. Each o£ the various routes to potential destinations was also considered. For example, there a:r;-e two routes to Glenwood Springs and two routea to Carbondale. 'Each route waa evaluated with respe~t to travel time from areas within the Aspen Glen Club. It Nas concluded that for much of the Aspen Glen Club residents, use of the main access on SHS2 would be the fastest route. to either of these commuQities. For construction workers, maid/lawn service, and Aspen Glen Club employees, population was used as the gravity model variable. 6 I \. I I I 1. .. Sages at Aspen Glen Preliminary Application Page 60 • • The trip distribution was assumed to be 70 percent totfrom the north and 30 percent to/from the south. ~coess fo~ construction 11ork.ers 1s shown in Table 1. l\ccess for maid/ lawn s~trvice and Aspen Glen Club would be confined, by policy, to the SH82 primary acc:Bss, Aspen Glen Club resident trips Kere divided into two categories: shopping trips and other trips. It was assumed that two shopping (grocery, eta.) trips per dwelling unit would occur per week. These trips would be randomly distributed throughout the weak. The other trips are defined as recreational trips to/from ac1:1vitles outside of Aspen Glen Club, Both of these types of trips were dlstribu~ed to the SH82 and CRl09 accesses based upon the relative location of the dwelling unit within Aspan Glen Club, the travel time to/from the activity, and the ·policy regarding CR109 access. Backg4ound T4affic Background traf£io is def:lned as the traffic that is on .the area road system that is not related to the development proposal (Aspen Glen Club), Traffic projections for SH92 are provided·by the Colorado Department of Transportation (CDOT). Based upon a factor of 1.1, provided by CDOT, the year 2010 ADT on SHB2 adjacent to Aspen Glen Club will be 18,530. This as11urnes an annual rate of · increase of slightly lei!!! than 3 percent per year. It is reasonable to assume that adjacent roadway devslopment will cauas some of that increase over the next 20 years. Some of the Aspen Glen club traffic i.s assumed to be par;t of that increase. Background traffic on CR109 is expected to grow less than that on the state highway system and he related more toward adjacent development. It was assumed that traffic on CR109 would increase a the rate of 1 p~rcent per year. The twenty year factor is 1.22. It was also assumed that the 21 single family lots at the Teller Springs development would be built and occupied. Traffic Assignment traffic assignment is the resultant of the trip generation and trip distribution process. Traffic assignments were conducted at various levels of Aspen Glen Club construction, and build out and occupancy of Aspen Glen Club as a residential commun.ity, Figures 3, 4, and 5 show the daily traffic a~signment of the construcl:ion traffic at Phases A, B, and c, respectively u described in Table 1. Background traffic on SHB2 and CR109 are included in thesa figures, Phases A, II', 11.nd C correspond to 1993, 1994, and 1995, respect! vel y. A Phase D assignmant its' not presented, A Phase D assignment will likely ba less than a Phase 7 Sages at Aspen Glen Preliminary Application Page 61 Ol 0 ,.. 'g 0 a: f 0 (,) .. -. -·. ·-·-.-... -------·--.. ----·--·-----· ···-·----· 0 0 • LEGEND: Construction Traffic Total Traffic PHASE A ·CONSTRUCTION & TOTAL DAILY TRAFFIC ( 1993) • 220 22o .~ 1 150 12,190 l 70 12,110 ' I ' I Flgur~ 3 I i' Sages at Aspen Glen Preliminary Application Page 62 ~J . 670 70 I 590 • LEGEND: Construction Traffic Total Traffic PHASE B CONSTRUCTION & TOTAL DAILY TRAFFIC {1994) • 55 '55 -. . N co ·:.. i !!! :c .! Ill ... (I) -~ . ·. I 40 12,470 l. 15 12,445 Figure 4 Sages at Aspen Glen Preliminary Application Page 63 .~.J 0 526 CD 0 ... '0 (II 0 0 • LEGEND: Construction 'T'rafflc iota! Traffic PHASE C CONSTRUCTION & TOTAL DAILY TRAFFIC (1995) • 380 380 .. r ! 1 270 13,080 I. 110 12,920 Figure 5 Sages at Aspen Glen Preliminary Application Page 64 • • C assignment in the short range future and less than fulL build out in the long range future. Figure 6 shows the daily traffic asaignment at full bul.ld out· of Aspen Glen Club. This assignment includes background traffic and· con11iders the ocoupancy assumptions presented under "Trip Generation." IV. IMPACTS Traffic impacts were determined at eacl\ of the traffic a~signment futures shown in Figures 3, 4, 5, and 6. Operational analyses were conducted on roadway segments simllar to that described under "Existing Conditions -Operation." The analysis of SH92 assumes the existing four lane cross section. The analysis of CR109 assumed the existing gravel road and an improved paved road as recommended in Chapter II of this report. Construction Traffic Impacts Construction traffic will have varying degrees of impact on. the area roads. Phase A impacts will be confined to SH82. SH82 will continue to operate acceptably as a four lane road. The primary access· to Aspen Glen Club will be built· with all the necessary auxiliary turn lanes. The geometry at this access will be discussed later in this report. Due to the nature of ·construction traff~o, impacts will be highest at the beginning and and of the work day. Once heavy equipment is on site, it wUl remain there until no longer needed. Supply/material trucks will access the site throughout the day. However, this activity will not be at a concentrated time period. Their impact will be minimal. Phase B impacts will be higher on CR109 and less on SH82,· tt is expected that the SH82. ·traf£lc will be confined to bridge conetruotion activity. Opeution on SH92 will continue to :be acceptable. Since the bridge will not be completed, all traffic related to the front nine, infrastructure, and waste water plant construction will be required to use CR109. It is expected that this construction traffic will comprise 12 percent of the dally traffic on CR109 south of Sievers corner during this period. · The bridge is expected to require one year to build. 'since it. was started under Phase A, the impact shown on CR109 under Phase B is expected to last only about six months. With the existing gravel road, operation will be at level of service B. Even if CR109 were paved, operation will also ba at level 'of service B. a .. Sages at Aspen Glen Preliminary Application Page 65 .. ·--~--------·---------·-··--------... ··--------- 130 130 ll.Q_l 850 Q) 0 .. 70 l 75o 100 Wo • LEGEND: Aspen Glen Club' Traffic Total Traffic • 2500 2500 FULL BUILDOUT OF ASPEN GLEN CLUB & TOTAL DAILY TRAFFIC (2010) l 1200 19,100 1 '1300 19,200 ' I ! I . I Figure 6 Sages at Aspen Glen Preliminary Application Page 66 • • Once the bridge is completed, all construction traffic cart be redirected to SH62, During Phase c, no traffic will be allowed to access the Aspen Glen Club property via CR109. This will confine the construction traffic to SH62. The access will be constructed to handle this traffic activity. SH82 will continue to operate acceptably. The traffic on CR109 will return to background traffic only. Build out Impacts Using the traffic shown in Figure 6, the operation on SH62, both north and south of the primary l\spen Glen Club access, will . operate at level of service D with the existing four lane cross section. The. operation of these segments will be at level of service D with background traffic only, The l\spen Glen Club traffic will cause a slight deterioration in operation within the level of service D category, but it is the background traffic that causes toe operation to fall into level of service D. Operation at .the stop sign controlled intersection will be acceptable, except for ~eft-turn exits from the site. These left turns will operate at level of service F, based upon the 1985 HCM technique. However, new research regarding ~top sign controlled intersections indicates that based upon vehicle delay, this operation is more appropriately defined as level of service D. Since these impacts are likely to ocour for E). relatively short period du~ing the year, it is recommended that they be accepted. Good desi~n of the intersections will provide adequate storage for turning vehicles. · CR109 will operate at level o£ service B to the north of the Aspen Glen Club access. In this segment, the Aspen Glen Club traffic w111 comprise approximately 14 percent of the total traffic on CR109, In the segment to the south of l\spen Glen Club, approximately 9 percent of the daily traffic will be attributable to Aspen Glen Club generated trips. CR109 will operate at level of service C as a gravel road and at leVel of service B as an improved paved road, Additional restrictions at the CR109 access to the Aspen Glen Club, beyond those proposed and stated earlier in this report, are not required. Further limitations on access would have little bearing on the operation of CR109. Xn Carbondale, it is expeoted that 100-150 vehicles a day will be added to the Main Street/SH133 intersection due to Aspen ·Glen Club generated traffic. These vehicles will be via both the CRl09 and SH82 accesses to l\spen Glen Club. Current traffic volumes are not available on the east and west legs of Main Street. However, the l\DT on SH133 was 9,000 between SHB2 and Main street in Carbondale in' 1990. This count was obtained prio'r to the opening of a number recent developments in carbondale, Town staff indicated that volumes are much higher in 1992. The additional 9 .. Sages at Aspen Glen Preliminary Application Page 67 '· • • traffic added to this intersection by the Aspen Glen Club Will' be small. State Highway 62 Access Geometry The access to SHB2 must be designed in accordance with the State Highway 1\Ccess Code. Design hour volumes-, developed using the full build out analysis, were applied to criteria in the State Highway Access Code. There are railroad tracks which cross this primary access to l\spen Glen Club. llh11e no trains currenUy operate on these tracks, there is a possibility that as many as three coal trains per week could operate her~ in the future. It was assumed that a coal train would be a unit train (l mile long), A conservative 30 mph train speed was assumed, This would cause blockage of this access for just over two .minutes, This wa!l considered in the recommended auxiliary turn ~anes shown below: Southbound right turn deceleration/storage lane -555 feet plus 22.5:1 taper; Southbound right-turn acceleration lane -960 feet plu.s 22.5:1 taper; Northbound left-turn decelerationtstorage lane-555 feet plus 22 • 5 : 1 taper. Other Issues Garfield County expressed concern about access·to the Roaring Fork River Park at the north end or the Aspen Glen Club. This park will be open to the public, It will be aocesaed by vehicles, ·bicycles, or pedestrians via the road which is currently used by the gravel extraction operation. Parking for this rlver park will be provided near the park itself, not near the CR109 access, l\ second access to SHB2 is proposed approximately 3600 feet south of the primary access to Aspen Glen Club. This access will is not a public access, but may be used by emergency vehicles only. It is recommended that it not be subject to access criteria in the State Highway Access Code. · l\n equestrian facility is proposed on the east side o£ SHB2. It is expected that approximately 30 horses will be boarded at this facility. Typically, horses are not visited by owners on a daily basis. The vehicle traffic generated by this use will be minimal. l\spen Glen Club has proposed, in their submittal, th.at a shuttle service be provided from this development to popular common de~tinatione (i.e. hot springs pool in Glenwood Springs, Aspen for skiing, etc.). This shuttle l.s intended to be a dial-a~ride service for residents. The preceding'analyses regarding traffic impacts did not consider this service. Therefore, the previously described impacts could be reduced with this shuttle service. 10 . .. I. Sages at Aspen Glen Preliminary Application Page 68 APPENDIX B DRAINAGE CALCS Sages at Aspen Glen Preliminary Application Page 69 user: Project: SubTitle: State: county: E'ilename: Name ~lin.'l'R-55 current Data Description Identification Data --- I»IK Aspen Glen -the Sages Colorado Garfield Date: Units: 1\real Unlts: I:\2008\2000-361 Saqes\AspenGlenSaqes,w55 Sub .. Area oata Descr-iption Reach Ar~a (a c) Sub-area A Outlet 0,91 Sub-area B outlet 0.93 sub-area c Outlet 0.5 Sub-area o Outlet 1.58 Sub-area E Outlet 0.15 'L'otal area: 4.01 (ac) ---Sto:m Data Ratneau Depth by Rainfall Return Period 2-Yr 5-Yr 10-Yr 2S .. Yr 50•Yr (in) (in) (in) (tnl (lnl 1.3 1.5 1.8 2.0 2.2 9/9/2009 english Acres RCN 76 82 eo '19 84 100-Yr (inl 2. 4 Sto~m Data Source: Rainfall Distribution Type> Dimensionless Unit Hydrograph: User-provided custom storm data Typo II <standard> t'lin'rR .. SS, Version 1.00.08 Paqe 1 9/9/2009 Tc 0.100 0.100 0,100 0.100 0.100 -Yr (in) .o 2:53:48 PI! Sages at Aspen Glen Preliminary Application Page 70 DMt( sub-Area or-Reach Identifier SUBAREAS sub-area A Sub-area n Sub•area C Sub ... area D Sub-area E REACHES OUTLET Peak 2·Yr (ofs) 0.10 0.30 0.12 0.33 0.06 0.91 WlnTR-55, Version 1.00.08 Aspen Glen -The Sages Garfield County, Colo£a4o watershed ~eak Table rlow by Rainfall Return Period 10•Yr 25·Yr 100-Yr (cfsl (cfs) (Cfs) 0.38 0.70 0.31 0.09 0,13 2.38 o.s1 0.89 0.41 l.l7 0.17 3.13 0.82 1.30 0.61 1.80 0.23 9/9/2009 2:53:49 PM Sages at Aspen Glen Preliminary Application Page 71 011!( Aspen Glen ~ ~he Saqes Garfield County, Colorado Hydtograph ~eak/Peak Time Table Sub-Area Peak ~low and Peak Time (hrl by Rainfall Return Period or Reach 2-Yr 10-Yr 25-Yr 100-Yr Identifier (cfs) (cfs) (cfs) (cfsl (hr) (hr) (hr) lhr) ----------------------------------------------------------------------------------SUBARBAS sub-area A 0.10 0.38 0.51 0.82 12.03 12.01 12.01 11.95 sub-area B 0.30 0.70 0.89 1.30 12.01 11.95 11.94 11.94 Sub-area c 0.12 0.31 o.n 0.6! 12.02 11.95 1!.95 11.94 Sub-area o 0.33 0,89 1.17 1.80 12.02 11.96 11.95 11.94 Sub-area E 0.06 0.13 0.17 0.23 11.96 11.94 11.94 11.94 REACHES OUTLET 0.91 2.38 3,13 4.77 tHnTR-5S, version t.oo.os Paqe 1 9/9/2009 2:53:49 PM Sages at Aspen Glen Preliminary Application Page 72 D~IK Aspe~ Glen ~ The Sages Garfield County, Colorado Sub-Area Land Use and Curve Number n~tails Sub-Area Identif!et Land Use Hydtoloqio Soil Group Sub-area AOpan spaceJ qrass cover > 75\ (qood) B Paved pa.rkinq lots, roofs, driveways B Paved/ cu~ba and storm sewers B Total Area I t'lei9hted Cutve Number Sub-area no~en space' grass covet > 75\ (qood) B .Paved parking lots, roofs, driveways B Paved' curbs and storm sewers B Total A'ea I weiqhted curve Number Sub-al:ea copen space, g~ass cover > 75l (good) e Paved parking lots, roofs, driveways B Paved1 curbs e~nd stat:m sewers a Total. Area I t'leighted Curve Number Sub-area DOpen spaceJ grass cover > 75% (good) B l?aved parkinq lots, roofs, driveways B Total Area I Naighted cutve N1Jmbet' sub-~rea EOpe~ space1 9rass cover > 15% (Qood) B ~;"~.wed parking lots, t:oofs, driveways B ~aved; cutbs and storm sewets B Total Area I ~reiqhtoad curve Number WinTR-oS, Veroion 1.00.08 fage l sub-Ar~a Area (a c) • 542 .214 .09 .91 ... .408 .219 .245 .93 ==a .25 .069 .181 .5 .829 .146 1.58 .056 .006 .09 .15 9/9/2009 curve Number 6l 90 98 76 =· 61 98 98 82 61 98 98 80 .. 61 98 79 61 98 98 84 2r53•49 PM Sages at Aspen Glen Preliminary Application Page 73 WlnTR-S6 Outi>tl!Hydroornph Project: A$pen Glen· The S~ges ~~~mo~ .SulhlrOil$1 (Suh-ar&t\ A, $tdJ-i\l'ea o, Sub·are(J c, Sub·ilren o, Sub-are-n E, Outlet) Stomu 100-Yr t\200612008·361 SagesiAspenGienSages.w55 ' ' ' ' 4.5 I I I I I I t w -~ --~--., .............. ' --......... , ........... , ........... ., ............................... , ....... ····•If' ..•. 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TIME(ho) Sages at Aspen Glen Preliminary Applicalion Page 74 APPENDIX C SOILS REPORTS Sages at Aspen Glen Preliminary Application Page 75 USDA ,.. United States Department of Agriculture ~ NRCS Natural Resources conservation Service A product of the National Cooperative Soil Survey, a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies Including the Agricultural Experiment Stations, and local participants Custom Soil Resource Report for Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties Aspen Glen • The Sages September 9, 2009 I I . Sages at Aspen Glen Preliminary Application Page 76 Preface Soil surveys contain information that affects land use planning In survey areas. They highlight soil limitations that affect various land uses and provide informalion about the properties of the soils In the survey areas. Soli surveys are designed for mony different users, Including farmers, ranchers, foresters, agronomists, urban planners, community officials, engineers, developers, builders, and home buyers. Also. conservatlonlsls, teachers, students, and specialists In recreation, waste disposal, and pollution control can use the surveys to help them understand, protect, or enhance the environment. Vartous land use regulations of Federal, Slate, and local governments may Impose special restrictions on land use or land treatment. Soli surveys identify soil properties that are used in making various land use or land treatment decisions. The Information is intended to help the land users Identify and reduce the effects of soil limitations on various land uses. The landowner or user Is responsible for ldenllfylng and complying with exlsllng laws and regulations. Although soil survey information can be used for general fanm, local, and wider area planning, onsite Investigation Is needed to supplement this Information In some cases. E~amples include soil quality assessments (http://soils.usda.gov/sqil) and certain conseNation and engineering applications. For more detailed information, contact your local USDA Service Center (http:l/offices.sc.egov.usda.govllocatorlapp? agency~nrcs) or your NRCS State Soil Scientist {http://soils.usda.gov/contactl state_officesl). Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are too unstable to be used as a foundation for buildings or roads. Clayey or wet soils are poorly suited to use as septic tank absorption fields. A high water table makes a soli poorly suited to basements or underground Installations. The National Cooperative Soli Survey Is a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local agencies. The Natural Resources Conservation Service (NRCS) has leadership for the Federal part of the National Cooperative Soli survey. Information about soils Is updated periodically. Updated information is available through the NRCS Soli Data Mart Web site or the NRCS Web Soil Survey. The Soil Data Mart Is the data storage site for the official soil survey Information. The U.s. Department of Agriculture {USDA) prohibits discrimination In all Its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic Information, political beliefs, reprisal, or because all or a part of an Individual's Income Is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means 2 Sages at Aspen Glen Preliminary Application Page 77 for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TOO). To fila a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TOO), USDA Is an equal opportunity provider and employer. 3 Sages at Aspen Glen Preliminary Application Page 78 Contents Preface .................................................................................................................... 2 Soli Map .................................................................................................................. 6 Soil Map ................................................................................................................ 6 Legend .................................................................................................................. ? Map Unil Legend .................................................................................................. a Map Unil Descriptions .......................................................................................... 8 Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Countles ................................................................................................... 10 6-Aimy loam, 1 to 12 percent slopes ......................................................... 1 0 Soli Information for All Uses ............................................................................... 11 Soli Properties and Qualltles .............................................................................. 11 Soil Qualities and Features ............................................................................. 11 Hydrologic Soil Group (Aspen Glen -The Sages) ....................................... 11 Soil Reports ........................................................................................................ 16 Soli Physical Propertles .................................................................................. 16 Engineering Properties (Aspen Glen-The Sages) ..................................... 16 4 Sages at Aspen Glen Preliminary Application Page 79 Soil Map The soil map section Includes the soil map for the defined area of interest, a list of soil map units on the map and extent of each map unit, and cartographic symbols displayed on the map. Also presented are various metadata about data used to produce the map, and a description of each soil map unit. 5 Sages at Aspen Glen Preliminary Application Page 80 39' ~0'29' 396 26'1&" Custom Soil Kesource Keport Soil Map 1,'\lpSeal!: \:1,7~0ifpM!edonA$iu(U'I! 11') ~ttL W.t!~s 0 IS ~ 0 M j--~=~---~;===~Feel 0 50 10!) ~0 300 39' 26':W" .w 2tf 18~ Sages at Aspen Glen Preliminary Application Page 81 ., " :=:!Zl 2.~ 8 ~ ~!". >> ,~ Custom Soil Resource Report MAP LEGEND Area or Interest (AOQ ._! Area or Interest (AOI) SOil:$ Soil Map Units. Specia1 Point Fealure$ \:.1 BlOwout 181 601'COW Pit * ClaySpo1 + Closed Depression :X: Gravel Pit '· Gravelly Spot II» Landr• A lave~Fbw ... Marsh or SW<tomp .. Mrne or Quany ® Mist:dlancous water ® Perennial water v Rock. Outcrop + Saline Spot .. sandy Spot ..,. Severely Eroded S.oot 0 Slni<loole l> Sliae or Slip " SociJc SOot = SponA<ea <l Stony Spot ro -r A Ver, Stony Spot Wet Spot O!l>er Special Uae Fe:mares o., GullY ... ~- Short Steep Slope OIW POlitiCal Features 0 Cities Water Features 0ijl Oce.ns Streams and Canals Transportation +++ Rads ,..,..., lntt:rstate Highways ---US Routes -::.:.; Major Roads <Y Local Roads, MAP INFORMATION Map Scale: 1:1,720 if printed on A s£e (6..5" x 11 ") sbeet. The soil surveys that comprise your AOJ were mapped at 1:24,000. Please rely on the bar seale on each map sheet fDr accurate map measurements.. Source of Map: Natural Resources Conse:rvation Service Web S01l Survey URL: http:lhvebsoUsuiVey.nrcs.usda.gov Coordinate System: UTM Zone 13N NADB~ This product is genecated from the USDA-NRCS certified data as of the version date(s) listed below. SoU Survey Area: AspenaGypsumArea, Colorado, Parts of Eagle. Garfield, and Pltkln Counties Survey Area Data: Version 5, Jun 9. 2006 Date(s) aerial images were photographed: 8/6/2005 The orthophoto or other base mi)J) on which the soil lines were compiled and digitized probably differs from the backgrauncf imagery displayed on these maps. As a result, some minor shifting of map unit bounclaties may be evident >-t::l"g.'g Q;l n·o ~ ~-9----------------------------------------------------------------------------------------------------------------------------------------------000<t>- "'"" Custom Soil Resource Report Map Unit Legend Aspen-Gypsum Area, Colorado, Parts of Eagle, Garlleld 1 and Pitkin Counties (C0655) Map Unit Symbol I Map Unit Name T Acres In AOI I Percent of AOI ;6 Almy loam,1 to 12 percent slopes 16.0: Totafs for Area of Interest 15.0; Map Unit Descriptions The map units delineated on the detailed soil maps In a soil sUivey represent the soils or miscellaneous areas In the suovey area. The map unit descliptlons, along with the maps, can be used to determine the ccmposltion and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit Is Identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits for the properties ofthe soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some obseoved properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, If ever, can be mapped without Including areas of other taxonomic classes. Consequently, every map unit Is made up of the soils or mlscelloneous areas for which It Is named and soma minor components that belong to taxonomic classes other than those of the major soils, Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called nonccntrasting, or similar, components. They may or may not be mentioned In a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management. These are called ccntrasling, or dissimilar, components. They generally are In small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are Identified by a special symbol on the maps. If Included In the database lor a given area, the ccnlrasting minor components are Identified In the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been obseoved, and consequently they are not mentioned In the descriptions, especially where the pattern was so complex that it was Impractical to make enough obseNatlons to ldentll'y all the soils and miscellaneous areas on the landscape. The presence of minor components In a map unit In no way diminishes the usefulness or accuracy of the data. The objective of mapping Is not to delineate pure taxonomic classes but rather to separate the landscape Into landforms or landform segments that have similar vse and management requirements, The delineation of such segments on the map provides sufficient information for the development of resource plans. tf Intensive use of small areas Is planned, however, onslte Investigation Is needed to define and locate the soils and miscellaneous areas. 8 100,0% 100.0% ' Sages at Aspen Glen Preliminary Application Page 83 Custom Soil Resource Report An Identifying symbol precedes the map unit name In the map unit descriptions. Each description Includes general facts about the unit and gives important soil properties and qualities. Solis that have profiles that are almost alike make up a soil series. Except for differences In texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ In texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided Into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soli phase commonly Indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps. The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha-Beta complex, 0 to 6 percent slopes, Is an example. An association Is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, It was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha- Beta association, 0 to 2 percent slopes, is an example. An undifferentiated group Is made up of two or more soils or miscellaneous areas that could be mapped Individually but are mapped as one unit because similar Interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example. Some surveys Include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop Is an example. 9 I I Sages at Aspen Glen Preliminary Application Page 84 Custom Soil Resource Report Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties 6-Aimy loam, 1 to 12 percent slopes Map Unit Setting t=/evation: 6,000 to 7,800 feet Mean annual precipitation: 12 to 141nches Mean annual air temperature: 42 to 46 degrees F Frost-free period: 85 to 105 days Map Unit Composition A/my and similar soils: 80 percent Description of Almy Setting Landform: Alluvial fans, hills Landform position (two-dimensional): Footslope Down-slope shape: linear Across-slope shape: linear Parent material: Alluvium derived from calcareous sandstone and/or alluvium derived from calcareous shale Properties and qualities Slope: 1 to 12 percent Depth to resttictive feature: More than 80 Inches Drainage class: Well drained Capacity of the most limiting layer to transmit water {Ksat): Moderately high to high (0.20 to 2.00 lnlhr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of pondlng: None Available water capacity: Moderate (aboul8.6 inches) Interpretive groups Lend capability classification (irrigated): 4e Land capability {nonlrrlgaled): 4e Ecological site: Rolling Loam (R048AY298CO) Other vegetative classiffcal/on: ROLLING LOAM (null_20) Typical profile 0 to 8 inches: Loam 8 to 26 Inches: Fine sandy loam 28/o 60 Inches; Sandy clay loam 10 Sages at Aspen Glen Preliminary Application Page 85 Soil Information for All Uses Soil Properties and Qualities The Soil Properties and Qualities section includes various soil properties and qualities displayed as thematic maps with a summary tabla fort he soli map units in the selected area of Interest. A single value or rating for each map unit Is generated by aggregating the Interpretive ratings of Individual map unit components. This aggregation process Is defined for each property or quality. Soil Qualities and Features Soil qualities are behavior and performance attributes that are not directly measured, but are inferred from obseJValions of dynamic conditions and from soil properties. Example soil qualities include natural drainage, and frost action. Soil features are attributes thai are not directly part of the soil. Example soil features Include slope and depth to restrictive layer. These features can greatly impact the use and management of the soil. Hydrologic Soil Group (Aspen Glen ~The Sages} Hydrologic soil groups are based on estimates of runoff potential. Soils are assigned to one of four groups according to the rate of water infiltration when the soils are not protected by vegetation, are thoroughly wet, and receive precipitation from long· duration storms. The soils in the United States are assigned to four groups (A, B, C, and D) and three dual classes (NO, B/0, and C/0). The groups are defined as follows: Group A. Soils having a high Infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. Group B. Solis having a moderate infiltration rate when thoroughly wet. These consist chiefly of moderately deep or deep, moderately well drained or well drained soils that have moderately fine texlure to moderately coarse texture. These soils have a moderate rate of water transmission. 11 I I Sages at Aspen Glen Preliminary Application Page 86 Custom Soil Resource Report Group C. Soils having a slow Infiltration rate when thoroughly wei. These consist chiefly of soils having a layer that Impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission. Group D. Solis having a very slow Infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink-swell potential, soils that have a high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly Impervious material. These soils have a very slow rate of water transmission. If a soil Is assigned to a dual hydrologic group (ND, BID, or C/0), the first letter is for drained areas and the second Is for qndralned areas. Only the soils thatin their natural condition are in group D are assigned to dual classes. 12 Sages at Aspen Glen Preliminary Application Page 87 l9' 26' zrr 39' 26' 18' Custom Soli Resource Report Map-Hydrologic Soil Group (Aspen Glen -The Sages) lt'.apSUie; 1;1,720 lpl'lnled on A Sit$ (!1:,6"1( 111 Sheet 39' 2G' 31)" I 39" 2&'18" Sages at Aspen Glen Preliminary Application Page 88 >-a ~(/) §!.d'O " 0 "'~ -<"'-)>)> ""{'! MAP LEGEND Aroa of Interest (AOl) 0 Are3 of Interest (AO~ Soils :J SOU M<Jp Units Soit Ratings D A D AID ~ B D BID D c ~ C/0 D 0 Not rated or not available Political features 0 ClUes water Fealures i!ili!l Oceans .~ streams and Canals Trans.portation ......... Rails -lntemate Highways _........ us Roures ::":·: Major Roads ""'!" Local Roads Custom Soil Resource Report MAP INFORMATION Map Scale: 1:1.720 if printed on A size (8.5" x 11g) sheet The soil surveys that comprise your AOI were mapped at 1:24,000. Please rely on the bar scale on each map sheet for accurate map measurements. Source of Map: Natural Resources Consecvation service Web Soil Survey URL: http;//websoDsuwey.nrcs.usda.gov Coordinate System: UTM Zone 13N NAD83 This product is generated from the USDA·NRCS certified data as of the version date(S) listed beJow. Soil Survey Area: Aspen-Gypsum Area, Colo!ado, Parts of Eagle, Garfield. and Pitkin Counties Survey Area Data: Version 5, Jun 9, 2008 Date(s) .aerial images were photographed: 81612005 The orthoplloto or other base map on which the soil fines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result. some minor shifting of map unit boundaries may be evident. "'C"g.G p) ;s·l:! ogs._o ooo·rn----------------------------------------------------------------------------------------------------------------------------------------------------------------------"'"" custom Soil Resource Report Table-Hydrologic Soli Group (Aspen Glen ·The Sages) Hydr(llogtc Soil Group-Summary by Map Unit-Aspan·Gypsum Area, Colorado~ Parts of Eagle, Garfield, and PUkln Counties Map unit symbol I Map unll name I_ · 6 'Almy loam, 1 to 12 percent : B ' slopes T otats for Area of Interest Rating J Acres In AOI L Percent of AOJ 15.0 100.0% 15.0 100.0% Rating Options-Hydrologic Soil Group (Aspen Glen· The Sages) Aggregation Method: Dominant Condition Component Percent Cutoff: None Specified Tie-break Rule: Lower 15 I Sages at Aspen Glen Preliminary Application Page 90 Custom Soil Resource Report Soil Reports The Soil Reports section includes various formatted tabular and narrative reports (tables) containing data for each selected soil map unit and each component of each unit. No aggregation of data has occurred as is done in reports In the Soli Properties and Qualities and Suitabilities and Limitations sections. The reports oontain soil interpretive information as well as basic soil properties and qualities. A description of each report (table) is included. Soil Physical Properties This folder contains a collection of tabular reports that present soil physical properties. The reports (tables) include ail selected map units and oomponents for each map unit. Soil physical properties are measured or inferred from direct observations in the field or laboratory. Examples of soil physical properties include percent clay, organic matter, saturated hydraulic conductivity, available water capacity, and bulk density. Engineering Properties (Aspen Glen -The Sages) This table gives the engineering classifications and the range of engineering properties for the layers of each soil In the survey area. Depth to the upper and lower boundaries of each layer is Indicated. Texture Is given In the standard terms used by the u.s. Department of Agriculture. These terms are defined according to percentages of sand, silt, and clay In the fraction of the soil that is less than 2 millimeters in diameter. "Loam," for example, Is solllhat Is 7 to 27 percent clay, 28 to 50 percent silt, and less than 52 percent sand. If the content of particles coarser than sand Is 15 percent or more, an appropriate modifier Is added, for example, "gravelly." Classtnca/lon of the soils Is determined according to the Unified soli classification system (ASTM, 2005) and the system adopted by the American Association of State Highway and Transportation Officials (AASHTO, 2004). The Unified system classifies soils according to properties that affect their use as construction material. Salls are classified according to particle-size distribution of the fraction less than 31nches In diameter and according to plasticity Index, liquid limit, and organic matter oontent. Sandy and gravelly soils are Identified as GW, GP, GM, GC, SW, SP, SM, and SC; silty and clayey soils as ML, CL, OL, MH, CH, and OH; and highly organic soils as PT. Solis exhibiting engineering properties of two groups can have a dual classification, for example, CL-ML. The AASHTO system classifies soils according to those properties that affect roadway construction and maintenance. In this system, the fraction of a mineral soil that is less than 3 Inches In diameter Is classified In one of seven groups from A-1 through A-7 on the basis of particle-size distribution, liquid limit, and plasticity Index. Solis In group A-1 are coarse grained and low In content of fines (slit and clay). At the other extreme, soils In group A-7 are floe grained. Highly organic soils are classified In group A-8 on the basis of visual inspection. 16 Sages at Aspen Glen Preliminary Application Page 91 Custom Soil Resource Report If laboratory data are available, the A-1, A-2, and A-7 groups are further classified as A-1-a, A-1-b, A-2·4, A-2-5, A-2-6, A-2-7, A-7-5, or A-7-6. As an additional refinement, the suitability of a soil as subgrade material can be Indicated by a group index number. Group Index numbers range from 0 for the best subgrade material to 20 or higher for the poorest. Rock fragments larger than 10 Inches In diameter and 3 to 10 Inches In diameter are Indicated as a percentage of the total soil on a dry-weight basis. The percentages are estimates determined mainly by converting volume percentage in the field to weight percentage. Percentage (of soil particles) passing designated sieves Is the percentage of the soil fraction less than 31nches In diameter based on an ovendry weight. The sieves, numbers 4, 10, 40, and 200 (USA Standard Series), have openings of 4.76, 2.00, 0.420, and 0.074 millimeters, respectively. Estimates are based on laboratory tests of soils sampled In the survey area and In nearby areas and on estimates made In the field. Liquid limit and plasticity index (Atlerberg limits) Indicate the plasticity characteristics of a soli. The estimates are based on test data from the survey area or from nearby areas and on field examination. References: American Association of State Highway and Transportation Officials (MSHTO). 2004. Standard specifications for transportation materials and methods of sampling and testing. 24th edition. American Society for Testing and Materials (ASTM). 2005. Standard classification of soils for engineering purposes. ASTM Standard D2487-00. 17 I L Sages at Aspen Glen Preliminary Application Page 92 @" ::::-:cn §.~ " " " 00 '11?. ~~ >-c'E..~ ~ n·::::s Custom Soil Resource Report Absence of an entry indicates that the data were not estimated. The asterisk'*' denotes the representative texture; other possible textures follow the dash. Engineering Properties-Aspen.-Gypsum Area, Colorado. Parts of Eagle. Garfield, and Pit10n Counties Map unit symbol and soil Depth USDA texture Classification Fragments Percentage passing steve numbell-Uquid name Uniflcd I AASHTO I I I rliilit >10 I 3-10 4 10 40 200 inches inches In Pet Pet Pet .. ' --~---' . 6--A!my 10am, 1 to 12 percent slopes ' 9s.,oo !sD-75 .. . ---Almy 0-S :•Loam CL-ML, AA 0 0 90-100 75-9S 25-<30 CL -···---.. . .... I -. ------. -. ~35-50 8-26 · *F.ne sandy loam sc, sc-A-4 0 0 95-100 S0--100 55-BD 25-30 s~ --. -· . -. .. ... 26-60 ~ndy clay toam CL. CL-A-4,/Wj 0 0 95-'100 90-100 75-BS -35-55 25-3S ML. ' ; sc. : sc-sM -. . ... --... . -.. 18 Plasticity index - 5-10 '5-10 5-15 """Cl ~g-~ ----------------------------------------------------------------------------------------------------------------------------------------------------------------------"'"" •• ... ChenONorthem,Inc. May 28, 1993 Aspen Glen Company Attn: Terri Hart 555 East Du!llllt, Suite 4A Aspen CO 81611·1815 SOOOAold15l Gk!l\wood ~ Colorado 81601 303!14H<$8 303 !k$-23&3 F""""~ Subject: Geotechnical Engineering Study for Preliminary Plat Design, Proposed Aspen Glen Development, Garfield County, Colorado Job No. 4 112 92 Dear Ms. Hart: As requested, we have conducted a supplemental geotechnical engineering study at the subject site for the preliminary plat design. The study Included additional subsurface·exp!oration, field reconnaissance and geologic bawd assessments for planning and preliminary design purposes. The scope of the study included . 1 subsidence risk of sinkhole and ground depression areas; debris flow hazard lnipaots and 1 mitigation; foundation considerations for the bridge across the Roaring Fork River and the waste water treatment plant; suitability of the two water tank sites for construction;, setback of residential building lots next to steep slopes; surface and subsurface drainage considerations; and pavement subgrade conditions. The findings of the supplemental geotechnical study are presented in this report. Interim findings have been provided to the client so that planning and preliminary design could proceed concurrently with our work. Based on the findings of our additional study, the project remains feasible based on geotechnical considerations with the conditions and recommendations as presented in this report. The report which follows describes our investigations, summarizes our findings and presents our recommendations for planning and preliminary design purposes. It is Important that we provide consultation through final plat design, and field services during construction to review and monitor the implementation of the geotechnical recommendations. Site specifi() subsurface explorations are recommended for final design of individual structures proposed as part of the site development. We will be available for continued consultation and additional investigations as needed. If you I I Sages at Aspen Glen Preliminary Application Page 94 have any questions regarding the information provided in this report or if we can be of further • • assistance, please let us know. Sincerely, ~~·~~ Steven L. Pawlak, P. E. Rev. By: RGM SLP/lr cc: Pittman Poe & Associates -Attn: Tim Terral The Land Design Partnership -Attn: Ron Liston ....-Schmueser Gordon Meyer, Inc. • Attn: Louis Meyer ChenONorthem,Inc. Sages at Aspen Glen Preliminary Application Page 95 .. TABLE OP CONTENTS PURPOSE AND SCOPE OF STUDY , • . • . . • • . . . . . • • • • • . • • • • • • • . • • . • 1 PRBVIOUS STUDIES I t f I ••••• I I •••••••• 1 ••• I I I •• I I I •• I ••••• I I 2 PROPOSED CONSTRUCTION • • • • • • • . . . . . . . • . . • • • . • • • . • • . • . • • • • . 2 SITE-CONDITIONS .........................•................ 3 FIELD EXPLORATION . I I ••• I I •• I •••• I •••••• I I •••••• I • I • 1 ' • • • • 3 susstJRFACB coNDmoNs .......................... , . . . . . . . . . 4 SINKHOLE AND SURFACE DEPRESSION AREAS •.•..•••• , , • • . . . • 4 BRIDOB ABU'I'MENTS ......... I ••••• ' • I •••• ' •• I •••• I • • • • 4 WASTE WATER TREATMENT SITE • • • . • • • .... • • . . • • • • • • • • • • . . • S LABO'RATORY 1'ES'I'INO .. I •••• I ••• t •••• I I •••• I • I •• I •••••••••• -s DESIGN DEVELOPMENT RECOMMENDATIONS ••••••.. • • • • • • • • • • • • . • 6 SINKHOLES AND SURFACE DEPRESSION AREAS • • • • • • • • • • • • • • . • 6 HazardEvalvation ..................•................ 6 Development In Sinkhole Areas •. , . • • • • . . • • • • . • . • • • • • . . • • • 7 Development in Surt'are Depression Areas • • • • . • • . . • . • • . • • • . . • 8 DEBRIS FLOW RISK AND MITIGATION ••••••••••••.••••.••.•• 11 Hawd Evaluation . . . . • • . . . . . . . . . . . . • • . . . • • • . . , . . • . • • 11 Hazard Mitigation Concepts . . . . • • • • , • , . • • • • • • • • . . . . • • • • • 13 BRIDGE ACROSS THE ROARING FORK RIVER ••••.••...•••• , •••• , 15 WASTE WATER TREATMENT PLANT ••••••••••••.•• , .•. , •••• 16 WATBR TANK SlTES ... , . , .. , ..................... , .. , . , . 17 STBBP SLOPE SETBACK .. I ••••••• I • t •• f •••••• ' I ••••• I •••• 17 DRYWELL DRAINAGE •••..••.••.......•...••.••••• , ••••• 18 PAVEMENT SUBGRADE .•.•..•.•••. : · .•.••..•...• , •..••••. 19 LIMITATIONS 0 •••••••• I •• I •••• ' •••••••••• 0 I •••••• I •• I ••••• 19 .,. TABLES AND FIGURES FIGURE 1 & lA -LOCATION OF EXPLORATORY BORINGS & GEOLOGIC HAZARD AREAS FIGURE 2 • EXPLANATION OF GEOLOGIC HAZARD AREAS FOR FIGS. l &·!A FIGURE 3 & 4 ·LOGS OF EXPLORATORY BORINGS FIGURE 5 • BRIDGE ABUTMENTS LOGS OF EXPLORATORY BORINGS FIGURE 6 • LOGS OF EXPLORATORY BORINGS· WASTE WATER TREATMENT SITE FIGURE 7 • LEGEND AND NOTES . ' 1- FIGURE 8-PIEZOMETER CONSTRUCTION SUMMARY FIGURE 9 • BIDLDING AND UTILITY SETBACK FROM SINKHOLES I . FIGURE 10 ·'TYPICAL DRY WELL CONSTRUCTION TABLE I· SUMMARY OF WATER LEVEL READINGS TABLE II ·WEST SIDE ALLUVIAL AND DEBRIS FANS APPENDIX A • CORE LOGS APPENDIX B ·LABORATORY TEST RESULTS ChenONorthem,lnc. Sages at Aspen Glen Preliminary Application Page 96 PURPOSE AND SCOPE OF STUDY This report presents the results of a supplell)ental geotechnical engineering study for the preliminary plat design of the Aspen Olen Development, Garfield County, Colomdo. The site development area is presented in Figs. t and I A. The study was conducted to obtain additional subsurface and geologic information needed for planning and preliminary design purposes. The . . work was conducted in accordance with our proposal to the Aspen Glen Company, dated March 2, 1992. Our work was coordinated with the various project designers and consultants to obtain the appropriate geotechnical information for their planning and preliminary designs. The field exploration progmm consisted of geologic reconnaissance and exploratory borings to obtain Information on the subsurface conditions and for geologic hazard mitigation. Samples obtained during the subsurface exploration were tested ln the laboratory to determine engineering characteristics of the on-site soils and bedrock. The results of the field exploration and laboratory testing were evaluated for subsidence risk of the sinkhole and ground depression areas; debris flow impacts and mitigation; foundation considerations for the bridge across the Roaring Pork River and the waste water. treatment plant; suitability of the. two water tank sites for construction; setback of res.idential building lots next to steep slopes; surfaee and subsurface drainage considerations; and pavement subgrade conditions. Results of the field exploration and laboratory testing are presented in this report. This report has been prepared to summarize the additional data obtained during the study and to present our conclusions and recommendations. based on the current proposed construction, the additional geologic assessments and the subsurface conditions encountered. Additional design parameters and discussions regarding the subsurface and geologic conditions impacting ChenONorthem,Inc. Sages at Aspen Glen Preliminary Application Page 97 .. .. 2 the proposed Aspen Glen Development are included in the report • PREVIOUS STUDIES Chen-Northern, Inc. previously conducted a prelim!~~ geotechnical engineering study for the proposed Aspen .Glen Development and presented their findings in a report dated December 20, 1991, Job No. 4 112 92. The study included geologic mapping and potential geologic hazard impact evaluations, subsurface exploration, laboratory testing and .analysis for planning and preliminary design purposes. Based on the sinkholes and depression areas identified during the study, trenching and additional reconnaissance was conducted to better delineate the sinkholes and broad surface depression areas. Th~ findings of this additional work were presented in a report to you dated April 28, 1992, Sob No. 4 112 92. The current geotechnical engineering study was performed as a supplement to these two Initial studies. PROPOSJ:!D CONSTRUCTION The current proposed development plans for the property are similar to those deserlbed in our previous studies and as submitted to the Garfield County Commissioners. We refer to the land planning drawing prepared by Pittman Poe and Associates for details of the development plan. The drawings were in progress at the lime of our addiUonal work. We should review the drawings and provide additional consultation as needed for continued implementation of our recommendations. ChenONorthern,Inc. . I ! I Sages at Aspen Glen Preliminary Application Page 98 3 SJTB CONDITIONS The property boundaries and proposed development areas are essenUally the same as that described in our previous reports. The location ofa wast~ water treatment plant at the north end of the property has also been identified. The additional study work Is generally located west of Highway 82 except for a water storage tank site located near the top of a drainage basin fan In the southeast part of the property. A more complete description of the property site conditions can be found in our December 20, 1991 report. FIELD EXPLORATION Thirteen explorntory borings were drilled at the approximate locations shown on Figs. 1 and !A, in addition to the fifteen previous borings, also shown of Figs. I and !A. Two other borings, RB·I-93 and RE·2-93 were also drilled at the request of Resource Engineering for water supply purposes. Six exploratory borings were drilled in the sinkhole and surface depression areas and two borings were dr,illed at the bridge abutments to evaluate the overburden depth and quality of the underlying bedrock. These borings (B·I-93 ·through B-8-93) and Borings RB-1-93 and RB-2-93 were advanced through the overburden soils by Becker Drills which utilizes a percussion driven casing advancement method. The underlying bedrock at selected borings was drilled using an NX size core drilling method which obtains a continuous sample. Borings B-9·93 tl!rough B·l3-93 were drilled at the waste water treatment site with 4- inch diameter continuous flight auger powered by a truck-mounted CMB·SS drill rig. The borings were logged by a representative of Chen-Northern, Inc, ChenONorthern,lnc. Sages at Aspen Glen Preliminary Application Page 99 •• .. 4 SUBSURFACE CONDIDONS Graphical logs of the subsurface profiles encountered at the exploratory borings drilled for the current study are presented on Figs. 3 through 6. An explanation of the symbols and notes regarding the drilllng and other procedures are pres:nted on Fig. 7. ThG core logs of Borings B-l-93, B-2·93,. B·5·93 and B-6·93 are presented In Appendix A. A summary of the piezometers installed in the borings is pmented in Fig. 8, SINKHOLE AND SURFACE DEPRESSION AREAS The subsoils encountered in the borings consisted mainly of 1 to 27 feet of silty sandy clay above the coarse gravel terrace depcsits. The Eagle V:aJiey Evaporite was encountered below the gravel deposits between depths of 23 and 98 feet. At Boring B-4·93, bedrock was not encountered to the depth drilled of 109 feet. At Boring RE-1·93, sandstone bedrock of the Maroon Formation was encountered. Additional discussion of the subsurface conditions relating to the subsidence risk is presented b~low in the "Development in Sinkhole Areas• and . . "Development in Surface Depression Areas" sections. Groundwater was encountered between. about 3S and 47 feet below the ground surface at the time of the field work. Subsequently, water levels have risen to depths of about 31 to 37 feet. A summary of the water level measurements made during the study are presented in Table I. BRlDGB ABUTMENTS The subsoils encountered in the proposed abutment areas consist of about 2 to S feet of topsoil ChenONorthern,Inc. I I Sages at Aspen Glen Preliminary Application Page 100 i 5 ·and slit above dense coarse gravel terrace deposits. The Eagle Vall~y Evaporite was · enoountered at depths of 23 to 33 feet. The bedrock appeared soft and weathered at the west abutment (Boring B-8·93). WASTE WATER TREATMENT SITE Five eKploratory borings, B-9-93 through B-13·93, were drilled in the waste water treatment plant site as requested by Westwater Engineers. The borin·gs encountered a small amount of topsoil and up to about I 112 feet of sandy silt above the coarse gravel terrace soils •. The gravels are dense to very dense and refusal to auger drilling equipment was encountered in the d~posit. Sha,le/slltstone bedrock of the Eagle Valley Evaporite was encountered below the grave~ termce soils at depths of II and 14 feet which extended to the maximum depth Investigated, 30 feet. Groundwater was e~oountered in two of the borings between 2 1/2 and 14 feet below ground surface but caving of the gravel soils In the borings prevented continued groundwater .level · monitoring. LABORATORY TFSTING Laboratory testing performc:d on samples obtained during the field exploration included in-situ moisture content, grain size analysis and liquid and plastic limits. The results of gradation analyses preformed on samples of the gravelly soils (minus I 112 and 31nch fraction) are presented on Figs. B-1 through B·3. The laboratory testing is summari~ in Table B·L Chen ONorthem,Inc Sages at Aspen Glen Preliminary Application Page 101 .. .. 6 DESIGN DEVELOPMENT RECOMMENDATIONS The findings of the additional field reconnaissance and subsurface exploration performed for the current study are generally consistent with those of our previous studies. The following recommendations are made for planning and preliminary design of the various conditions and . . facilities included in the current study' SINKHOLES AND SURFACE DEPRESSION AREAS Harned Eya!yathin: Six exploratory borings (B·l-93 through B-6-93) were drilled in !he area of concern to evaluate the overburden depth and quality of the underlying bedrock. casing was advanced through the overburden soils by Becker Drills and lh,o underlying bedrock wM drilled by using NX size core drilling. The subsoils encountered in the borings consisted of between 1 to 27 feet of silty sandy clay above the coarse gravel terrace deposits. Two of the borings were drilled next to sinkholes, one was drilled within a sinkhole and the other three borings were· drilled in the broad depression areas. well away from specific sinkholes (see Fig. 1), Groundwater was encountered between about 35 to 47 feet below ground surface at the time of drilling. Large cayities which would indicate a potential for collapse and addi~onal sinkhole development in areas outside of the existing sinkholes were not encountered in the borings. The rock quality was found to be variable and localized zones of clay breccia and voids were encountered, ChenONorthern,Inc. I . I ' ' I I. Sages at Aspen Glen Preliminary Application Page 102 ' . 7 D,we!QJ)ment in Sinkhole Areas: Residential lot development is proposed in the area of the existing sinkholes. These features should be considered potentially unstable. Our recommended approach to the land planning is to avoid the sinkhole areas by making them open non-buildable space. The sinkhole areas could be avoided by including them as golf course fairways, parks or other non building areas. Potential ground settlement .. outside of building limits within resldentlal lot boundaries· should also be considered. Where development of residences and roadways are proposed ne~t to sinkholes, two approaches can be considered; 1) avoid .the sinkhole footprint Including a minimum setback distance from the edge of the sinkhole and 2) mitigate the future settlemenl risk of the sinkholes. The required setback distance from the edge of the Individual sinkholes was evaluated based on the subsurface profile, depth to bedrock: and size/configuration of the sinkholes. The calculated minimum setback distance from the sinkhole Is presented in Fig. 9., attached. The minimum recommended setback distance for each sinkhole Is graphically shown on the t_opographlc map, Pigs. 1 and IA, attached. In general, the setback . . distances from the top rim of the sinkhole vary between about IS to 30 feet. The actual sinkhole limits and setback distances should be field verified at the time of the Jot line and building envelope slaking. Mitigation of future settlement risk of the sinkholes may be possible by various methods of ground srabil!zatlon and by designing the structures adjacent to the sinkholes to withstand potential gross distortion. The stabilization may consist of: 1) subexcavatlng the loose material within the sinkhole and replacing it with a relatively high quality and high density material and 2) grouting the natural dense soils along the perimeter of the sinkhole to reduce the potential for future widening of the sinkhole. The subexcavation and replacement procedures do not appear ChenONorthem,lnc. . ' Sages at Aspen Glen Preliminary Application Page 103 .. .. 8 practical due to the depth of the sinkholes. The grouting procedure should help reduce the settlement risk but not totally eliminate it. Therefore, we believe that avoiding the sinkholes by building setback is the lower risk and the more appropriate approach that should be taken. Development in Surface Dm>resslon Areas: Based on our fmdings, development within the ground surface depression areas (shown on Fig. 1) should be feasible provided appropriate mitigative designs are implemented for the residential buildings, ~tllltles and roadways as described below. The appropriate: level of the mitigative designs depend on the potential ground deformation, the building type, location and configuration and level of tolerable maintenance· (mainly for roadways and utilities). Building design considerations include use of a relatively rigid foundation, (such as a stiffened slab or raft) and a simply shaped building footprint to reduce potential damage in the event of differential movement. These design concepts would be included in the engineered foundations for residences located in the depression areas. Utilities should be designed and constructed to be relatively flexible and allow for differential movement without rupturing. Where possible, settlement sensitive main utility lines should be routed outside of the ground surface depression areas. Roadways can be conventionally designed and constructed with provisions for maintenance If subsidence related distress is experienced. There are several geotechnical design concepts which can be used to mitigata potential subsidence damage to residential buildings and underground utilities. Special mitigative designs for a specific lot should be developed by the owner's architect and structural engineer and should be based on the type of building proposed and the site specific foundation conditions. The following design concepts are presented to assist in evaluating design opUons prior to site ChenONorthem,Inc. Sages at Aspen Glen Preliminary Application Page 104 9 specific Investigations for an Individual building site. The concept for underground utilities should be incorporated lnto the utility design by the developor. Building Configurations: The extent of damage to a bu.ilding subjected to the surface effects of subsidence may be roouced by Implementing several arch.i!ectural measures in the .building design. These measures would Include the following: * Relatively flexible structural systems such as wood frame construction, flexiple exteri~r siding, and dry wall interior partitions are preferable to less flexible masonry structural system ~d exterior sidings. * Interior non·bearing partitions resting on the 'tloor slab should be provided with slip joints so that slab movements are not transmitted to the upper structure. The building should be a low structure preferably limited to one or two stories. The building should have relatively small plan dimensions of 60 feet or less. If . this is not practical then the building should be divided Into lndepondent modules. The building configuration should be a simple rectangular configuration with straight foundation walls and a minimum of side projections from the main building. The ground floor should be on a single level rather than using a split level design. Basements are particularly susceptible to subsidence damage and are not recommended unless the entire foundation Is at basement level and designed for lateral earth loading. ChenONorthem,Inc. Sages at Aspen Glen Preliminary Application Page 105 .. 10 Building Foundations: A raft foundation with a bearing level near the exterior grade appears to be an appropriate foundation system for reducing the vulnerability of buildings to differential subsidence damage. Typical shallow spread footings would be a relatively flexible system and a rigid system is preferable for the larger magnitude deformations. Foundation system considerations are outlined below: * A raft foundation system Is the preferable system and should be designed according to the site specific soli bearing conditions. .. "' The bottom surface of the raft should be smooth and free of vertical projccti~ns. The raft should be separated from the beaf!ng soils by placing the raft on a minimum 4-inch thick compacted, clean sand. A polyethylene sheet should be placed between the raft and the sand layer. The use of deep foundation walls should b~ minimized to the extent practical. · The soil pressure Cjjual to at least twice the •at rest' earth pressure (on the order of 80 to 100 pcf CjjUivalent fluid unit weight) should be assumed to act on all vertical surfaces In contaqt with the foundation soils. The bearing elevation of the raft should be placed below frost depth o~ suffici~nt soil cover should be provided for frost protection. Underground Utilities; Underground utilities nre susceptible to the affects of area subsidence, As outlined below there are several mitigative design concepts which can be used to reduce the potential for damage. In our opinion the mitigation measures should be used where underground utilities are located in the ground surface depression areas shown on Fig 1. ChenONorthem,Inc. ' I I I Sages at Aspen Glen Preliminary Application Page 106 II * F.Iexib!e joints should be used between adjacent pipe segments for both gravity and pressure lines. • * Positive restraints should be provided in pressure Jines to prevent pipe separation • A flexible joint should be provided as close as practical to any bullding, manhol~, or other rigid structural connection. • A soli cushion in the Immediate vicinity of the pipe should be 'provided by not over-compa,cting the backfill soils close to the pipe. .. Chec~ valves should be placed at appropriate locations on all gas and water mains · to permit interruption of flow in case of subsidence distress. DEBRIS FLOW RISK AND MITIGATION lfaprd &taluation: This study shows that the. alluvial and debris fans along the western side of the development are potential sites of water flooding and debris flows. The area evaluated . is shown on the attached Fig lA. A summary of the basins and fans evaluated Is presented on the attached Table II. The calculated flow depths and volumes arc based on hydrological data provided by Schmueser Gordon Meyer, Inc. Potential water floods, with high sediment concentrations, should be considered for all of the basins upslope of the fans. Appropriate surface water hydrologic methods should be used to evaluate the flood hazards on all fans. Fans 1 and 2 ln the southern part of the area are not subject to debris flows, but debris flows should be considered on Fans 3 through 25 and the area to the north (see Fig. lA). Based on numerical debris flow modeling, we have designated tb~ potential hawd ChenONorthem,Inc. . . Sages at Aspen Glen Preliminary Application Page 107 ' ' ' I ' I .. 12 zones on the debris fans. The "high hazard zones" are located near the fan heads where flow velocities and impact pressures are expected to be relatively high. Impact pressures In the "high hazard zone" could be greater than 200 psf. The "moderate hazard zones" are located in the middle parts of the debris fans where intermediate flow velocities Slid impact pressures are expected. Impact pressures in the "moderate hazard zones• are expected to be In the range of 60 to 200 psf. The "low hazard zones• are located in the lower parts of the fans where relatively low flow velocities and impact pressures are expected, Impact pressures in the "low hazard zones• are expected to be less than 60 psf. The recommended design debris flow parameters present~ on Table II are expected to be associated with relatively infrl!((uent debris flow eveniS. Recurrence probabilities for the design debris flows are expected to be greater than 100 years. The design debris flows are expected to have peak discharges in the range of 830 to 37 cfs in the confined channels near the fan heads. Flow depths in the confined channels are expected to be from 13.9 to S.6 feet. On the fans below the confining channels the flow will spread laterally and begin to deposit. Because of the potential for blockage of. the shallow fan channels It is not possible to predict the exact path that a flow will take as it travels down the fan, therefore, the entire fan surface should be considered in the potential hazard area. The design debris flows on the fan surfaces are expected to have widths of 30 to 50 feet. Average flow depths of the design debris flows are I••• .. I I expected to very from 2.4 to 1.0 feet. Total design debris flow volumes are expected to be in 1 the range of 685 to IS cubic yards. In our opinion, debris flow hazard mitigations should be considered for all occupied structures located in the three potential hazard zones shown on Fig. lA. The debris flow ChenONorthem,Inc. I Sages at Aspen Glen Preliminary Application Page 108 13 mitigations should be coordinated with the overall surface water runoff'rnanagement plan. A discussion of possible hazard mitigation concepts follows. H•zard Mlti~tion Conc!lpts: There are several planning and engineering methods which can be used to mitigate debris flow hazards. The appropriate rn~thod for a particular pr~ject will depend on several factors. which include the location and type of construction proposed and the degree of risk the developer and prospective horne owners are willing to accept. To eliminate the risk, the hazard areas could be avoided or mitigation methods could be used to protect the property. Possible debris flow hazard mitigations which have been used to mitigate potential debris · flow hazards Include: (1) debris retention basins, (2) deflectio~ structures, and (3) direct flood proofing of the exposed structure. Debris Retention Basins: When terrain is suitable, debris collection basins can be constructed near the fan head to collect and store PQtential debris flows, but to pass potential water flood runoff. This method of mitigation will provide protection of the entire downslope fan area. The collection basins typically consist of an earth, soli-cement, or concrete darn and excavated or natural storage basin. There are several factors at the Aspen Glen site which will make construction and maintenance of effective debris retention basins difficult. There are over 2S individual drainage basins and debris fans in the project area which would require a large number of collection basins. The fan heads and upslope channels are very steep. Based on these topographic ChenONorthern,Inc. Sages at Aspen Glen Preliminary Application Page 109 .. .. 14 consttaints, we expect that use of debris retention basi~s will not be a practical mitigation method. Deflection Structures: Deflection structures can consist of earth berms or reinforced concrete walls similar to retalning walls. The purpose of the deflectlQn structure is to direct flood waters and debris flows away froin individual structures or group of structures. The effectiveness of the deflection structure, and a reduction in design loads and berm heights can be achievecl by angling the deflection structure to the flow direction. Properly locale(! deflection si.!'Uctures can be used to completely divert debris flows away from the area to be protected. It should be fessible to use deflection structures at the Aspen Glen project to protect individual structures or group's of structures. The protection of large areas will require relatively extensive berms or walls. Care should be taken to avoid dirfl;:ting debris into adjacent structures or properties. The redirected debris flood should be considered in the surface drainage designs of the residential building sites along the downhill side of County Road 109. Direct Flood Proofing: Direct flood proofing of individual structures can be an ef{fl;:tive method or protecting a structure but will not prevent some property damage as the result of deposition of mud and debris. Flood proofing consists of developing architectural and structural designs that will: (1) allow the structure to directly withstand the impact pressures and debris depositional pressures, usually by the use of reinforced concrete building walls which extend above the height of the design debris flow, (2) locating doors, windows, and other structurally weak wall areas above design debris flow depths, and (3) designing the building and site grading ChenONorthem,Inc. . I ' I I Sages at Aspen Glen Preliminary Application Pagel!O 15 to eliminate topographic or building wall obstructions which would prevent the free flow of flood · waters and debris around the building. Direct flood proofing should be feasible in all hazard zones except in the "high hazard zone" near the fan heads. However, the developer and polentilll home owners should be aware that if this method is used exclusively, that some property damage can be expected as a result of the deposition of mud and debris adjacent to the structure. The data and design concepts presented above are suitable for conceptual planning purposes. When the preliminary mitigation designs and lot layout have been determined; we should review the information and preform additional analysis as needed to develop the final mitigation plan. BRIDGE ACROSS THB ROARING FORK RIVER Borings B·7·93 and B·S-93 were drilled at tho approximate proposed bridge abutments to evaluate the subsurface conditions for foundation design. Access to the center pier supports with the truck-mounted drill rig was not possible because of the lrre~:ular terrain. The subsurface conditions encountered at the borings consist of about 23 and 33 feet of relatively dense coarse gravel terrace deposits above relatively soft to hard shale/siltstone bedrock of the Eagle Valley Evaporite. The coarse granular soils are generally considered suitable for spread footing foundations but considering possible excavation depth required at each abutment, structural loadings of several hundred kips at each support locaUon, and the variable quality of the underlying bedrock, spread footings may not be acceptable. The footing sius required to support the structural loading and the differential settlement potential could both be excessive. ChenONorthern.Inc. Sages at Aspen Glen Preliminary Application Page Ill •• .. 16 A deep foundation such as drilloo piers or driven piles appear more appropriate for support of the structure. Drilled piers would likely be casoo through the overburden Solis and weatberoo bedrock and socketoo Into competent boorock. We expect that pier diameters would be at least 3 feet and extend at least 10 feet into the underlying competent bcilrock. Design bearing pressures for that portion of pier in the competent bOOroc~ Is expected to be on the order of 20,000 psf maximum allowable end bearing and 2000 psf allowable skin friction. A driven pile would probably consist o~ and H section with a reinforcOO tip capable of being driven through the coarse gravel terrace deposits. The pile should derive its capacity through end bearing and peripheral shear 'and when driven to virtual refusal should develop its structural cap~city, typically taken as a working stress of 9 ksl. Additional geotechnical Investigation should be conducted at the individual bridge abutment and pier ·IC!Cl!lions to determine site specific subsurface conditions and geotechnical design recommendations for the structural design· of the bridge. WASTE WATER TREATMENT PLANT Five exploratory borings were drilloo between depths of about S to 30 feet.withln the general proposed waste water treatment plant site. Graphical logs of the subsurface profiles encountered In the borings are presented o.n Fig. 6. The subsoils consist mainly of dense gravel terrace deposit which should be suitable for support of moderately loaded spread footlngs. The topsoil and silt soli should be removed from beneath the structures to expose the dense gravels. Below grade construction could require temporary excavation dewatering and designing the structures to withstand hydrostatic forces. When the waste water treatment facilities have been ChenONorthem,Jnc. l- 1 l Sages at Aspen Glen Preliminary Application Page 112 • 17 better identified, we should review the information and perform additional analysis and · subsurface exploration for final design of the facilities. WATER TANK SITES Two storage tanks for domestic wate{supply are proposed, one near the southeast corner of the property and the other near the northwest corner at the locations shown on Figs. 1 and lA. A reconnaissance of the tentative tank sites was conducted with the project engineer and planner to assess the feasibility of the sites based on geotechnical considerations. Based on the reconnalssance, construction of the water storage tanks at both sites should be feasible based on geotechnical conside,atlons. The southeast site consists of steep hillside with bedrock outcrop . of the Maroon Formation. The cut slope for this site will need to be engineered based on the rock quality conditions. For prelimimuy design purposes the cut grade can be· assumed as 1/2 horizontal to I vertical. The northwest tank site Is on a strongly sloping ridge which should not be Impacted by steep slopes and debris flows. When more detailed information has been developed regarding the tank construction and grading plans, we should review the information and perform subsurface exploration and analysis for the structural design of the tanks. STEEP SLOPE SETBACK Numerous terrace escarpments are located on the property and building envelopes are proposed near the top of some of these escarpments. In general, under current site conditions most of these escarpments are relatively stable but some of these escarpments are over steepened and show signs of ravelllng and minor erosion. Repairs and maintenance of the Glenwood Ditch ChenONorthern,lnc. Sages at Aspen Glen Preliminary Application Page 1!3 , •• .. 18 appear to· have also created localized over-steepened fill embankment sections. Buildings located next to steep slopes which could continue to erode or fall are normally setback a specified distance so that if continued slope movement occurs, the buildings will not be affected. A slope setback criteria suitable for ·the coarse gravel terrace. deposits consists of an imaginary llne extended up from the toe of the slope at a grade of I V2 horizontal to I vertical. The approximate limit of this ·setback slope projected from the toe of the escarpment to the ground surface in the affected areas is shown on Fig. I. Buildings should be located no closer to the . . top of the escarpment than this setback line without further investigation and analysis. The actual setback should be established in the field during the lot layout staking. QRYWELL DRAINAGE We understand that the surface drainage design will incorporate d~tention areas with controlled surface release a~d subsurface percolation depending on the site specific conditions. Where clay soils are predominant, percolation from surface pending should be relatively slow. Drywells which extend into the gravel t~rrace soils could be used to enhance tho surface water disposal for low flow conditions. The coarse gravel terrace soils would have relatively good infiltration characteristics compared to lhe fine-grained overlying soils. A typical detail of a drywell suitable for surface water disposal is shown on Fig. 10. We can assist in sizing the drywells once their location and disposal capacities have been better determined. The design should include subsurface profile and percolation information. Dry wells should not be located within the sinkhole limits shown on Fig I and I A. We silould review the dry wells in the surface depression areas for possible subsidence affects. ChenONorthem,lnc. I I I i I . Sages at Aspen Glen Preliminary Application Page 114 19 PAVEMENT SUBGRADE The subgrade solls encountered across the property are variable and range from silty clays to dense gravels. We expect the m~ority of subgrade will consist of the flne·gralned silty and clayey soils. We understand that for preliminary design purposes, the pavement section consisting of three inches of asphalt above 8 inches of aggregate basecourse has been assumed. Typically for th\'1 types of roadway use proposed on the proj~~ site (excluding Inghway 82) this section is expected to be adequate. In low traffic areas and where gravelly subgrade solls are present, thinner pavement sections may be possible. Where roadways cross sinkholes, a thick lay~r (a few feet or more) of compacted gravel subbase should be provided. We reromm~nd that a pavement subgrade study be conducted to determine design level pavement sections once the roadway alignments, grading and traffi~ cOnditions have been determined. LIMITATIONS This report has been prepared in accordance with generally accepted geotechnical engi.iteering principles and practices in this area at this lime. We make no other warranty ellher expressed or Implied. The conclusions and recommendations submitted in this report are based upon the data obtained from the exploratory borings drilled at the locations indicated on Figs~ 1 and lA, the proposed type of construction and our experience in the area. Our findings include interpolation and extrapolation of the subsurface conditions identified at lhe exploratory borings and variations In the subsurface conditions may not become evident until excavation is ChenONorthem,Inc. Sages at Aspen Glen Preliminary Application Page 115 .. .. 20 performed. If conditions encountered during construction appear to be different from those described in this report, we should be notified at once so re-evaluation of the recommendations may be made. This report has been prepared for the exclusive use by our client for pl~nning and preliminary design purpo~s. We are not res_ponsible for teehnical interpretations by others of our exploratory information which has not been described or documented In this report. As the project evolves, we should 'provide continued consultation and field services during construction J . to review and m«,>nitor the implementation of our recommendations, and to verify that the recommendations have been appropriately interpreted. Significant design changes may require additional analysis or modifications of the recommendations presented herein. We recommend on-site observation of excavations and foundation bearing strata and testing of structural fill by a representative of the soU engineer. Sincerely, CHEN·NORTHERN, IN ChenONorthem,Inc. l l ·' Sages at Aspen Glen Preliminary Application Page 116 @" ';:;':Cf.l i3 " s·~ " 00 .:<a ;..;.. >-rj'"d {j ~'E..o ()'Q n·::s ""Cl -a._ -o" """ • / ··; (i) J!IIGIIJ "'"""I ILDwl 6I!OIIltll SVBSIDENC£ E.'IALUAliOII' SirootDLES: Indicates area of elistiltg sial;holH aDd setback distance lObe avoided by I:Hiil41ngs-.uUlities~ The sinkbolf:S. ;:~re usually~ by Cirt:~l.ar, S~ sided growuS surf«• ~tons ff"'OJ 30 to 250 feet. in cU.-.ter-. lbe interl.ors or 'the si.m;holts. are fU led wlth a t'ed c:h.)'. These: areas could be SIQbjec:t to re-ln:h'ely.rqtd sarounc1 SDrfac~ :ettlaen~ or coll.op~. 'Ibe$e o1reas reprzseat ., ~ial tw:ard" for severe 41tfe;oen:t.ial ground ~~ 11efonatlons. lt will not' be feasible to loCatJ! coaVeAUON.lly de:slg~teCI S'tri:C:tlll"eS Dl"'. utilltles u• these "reas. Bec.lbse·ot the potentlAI ~ity of" lhe ground dcf'OJ"'IIUOCl$. it will ~ly not be-feasible. .to.deYelap agi~ deSigns teat. vtll reduce the pountid tor .~ge to ~le levels.. It. is ~ tnbt structures And uMc:r!Jround utlllt.les 1101: be loated in these aftU. Road$ could he buil1: it1 Uese at"'Ns if ~ potential for rdiitive-ly severe ct.stress and Ttp~irs are acc<t:pt.Gble to tne OWber'. GllOCIIIl SURFACE DEI'RESSIOIIS' Locat:iOA of broad grourx~ $Yl'f'<Bct' Depressions. ll\e cepresstons usually hoy~ Unear .. 'tt'en<ls towards the Jk)rthwest .. 'Widths of tlle depressions are rn-300 to 700 fHt aDCI the au:~-SUbsidtnu. appears to be about 4 to .6 feet. These-areas appear-to ha\'e dndergcne slw gn)Und surface-defonlatlOD$ aM eoald ~­ go $low vround defor.tioa. 1n ~ future. · · • · · Thesl!: areas rePresent i ~e Poientlai Hazard" for fu.ture broad grtl11nd surf~oce deformations. Conventionally desi~ struetur~ 01' IIAdergrouad utilittes iD tnese areas cwld be SUbjected tO sc.e a,streSs as .-result of future ground defonaations. tt Shoul<l be feasUtle to rewee ttae sevtM.ty or this PQteDti•l dis~ b.Y engineered designs. It 'Shoald be possible to locate stl"'dCtures,. undcrgroood utilities olRd roads. in 'ttlr:$e .areas if' tbe ower 'is wtiHDg t.o acapt ., reasortableo rtst illd is willing to use ctt1gat1Ye: designs Wer-e appr"QDrlate. OE8RIS FU»l HAZARD EYALUA.TlOH: ~IMAGE BASili. NCO FAit tlltBER: ldcntlf1c.attoo DIRber of' wes.c. s(de droD.iMge b4sin:s AnCI fons. See Table II for ., s~ry of b4S1A p&r411N.C1"'$ antJ design debrU: flow c:ll.aracterlstics of' tbe 1DCiividual b.lsim. Fans l and 2 •re allw14l fans and ~re not subject. U) debris flows. but zttoul4 be enlD'lted tor big!\ secliltent cnaceoo-Ation flood ~ using appropr1ate Jlydrologic: Detbods. Fans 3 ttu·ough 2S" a.nd areas 'to the oorth a~ debris f;ms. anc1 ~l"e stlhjec:t. to ootenti~l debris flow nazards. HIGH DCYIS Ft..0V HAZARD ZGHE; DPJ)et" parts of the debris fans wbic:h are e%p0sed to relatively hi9b flow velaclties ~ ii!IPict pressu't"e$ greater than 200 psf. Con"¥"ent1onau,-c;CesigrteCS WOOd frae structures locAted near the fan ~(Is could be: ~stTo)'ed. Rel~:~t.lvely severe daN~ 'tO convem.toM.l VOO<I fra.r.: 'S'tnlcttrres could occur in tte lower part of this zone.. Debris fJOll bazard mitl9atian should be crms:J<Iend to tnl~ zone .. RJD£'RATE DEBRIS fl.OW li.AZAAD ZONC.: tllddle PdrtS of tbe: debrls fillS wblc:b are exposed to tateraed1o~te FlOif vel«:ities bncl lq:l4et pressures to tbe rM~ge of 60 to 200 psf.. Relatively severe dacage to C:OAVeAt.iooal WOOlS frame st.ruc:tal"'eS coald oc:eu~ in tbe upper p!llrt of tbls 200e. M:XIera.te t.o slight <hsmttge ta CQnventlon4l.woocl f~ strvttures. could occur In the lower part Of this :r:o:~e.. Debr-is flow bi:IUrd aitlgations sbould 1>e consid.et'eO ln this zone .. LCIV DEBRtS FU!W HAZARD zone.: Lower PM'tS of debris fillS Which are exposed to relatiYelJ low fl01111 ve!oclUe:s and iiDpaCt prtsS\Ires of less than. 60 psf. Slight <111111\lge to conventional ...aod fraa~e: st~ c:ool4 occur-in this zone. ExteQsi.'re haZard •Ltiga't.ions ~re not eonsi~ warranted~ but flOO<S PTOOflng of tbe boHdlngs ShOulG be-coa:sldtred in 'tf)ts ZOfte.. -• 4 ••2 921 CllenONon.bcm.I~T Aspen Glen Oevelop~~ent l -Exillan.rt.-ion of SCologic Ha:zard Areas for Flc:as. J W lA T"" 2 OOrtn~ 3·1·93 .. 0 B 0 10. 5 9 20 17 8 1 30 6 40 I 2 T st.,p. s u ~ i s WC-26 0 ·1·200r89 .ILL•JI 0 PiaU : 0 0 .. 0 0 0 43 ._..3 4 3 4 3 J 2 2 2 3 5 3 2 sorlng 0·2·93 aortng, Oortng B·M! B-4-93 0 ·200•99 0 I LL•41 ~· Pl•lS 0 0 0 th69 12 l -20o.6 0 0 9 9 0 II 2 0 12 ll 0 21 ~ 20 12 31 13 ""'is .l It 5 16 19 ..... 45 23 -~ 9 ~8 23 6~ 5+ 3,3312 ...... 1 • 1 ..J 6 10 5 B 21 s IS 30 1 10 J 26 13 10 10 J 6 IS & 10 6 4 4 6 14 .. 4 Hote: Exphnatlon of syrtloiS pr•sented on Fig. 1. Core Logs of Borings 8~1, l A 5 :Stlowtl OR Flos. A-I, through A·7,, Appel)dlx A. ,. t ~ ~ i 0 0: .ll ... 0 ~ .. ' I so u • ~ ~ 60 ~ u §. 10 '· Sages at Aspen Glen Preliminary Application Page 118 ----------------- eorlnu B-6·91 0 0 8 10 16 20 ll 12 '26 30 8 5<) +1 40 II 40 29 50 29 29 60 20 14 74 10 22 . 23 so 23 64 90 ------------------~-------------- 8otlng Bottng RE I RE 2 0 ~, 19 ··' 4 65 39 ·:j---6 17 ...p. ' 24 16 2 II .. 41 16 16 8 ~25 10 25 7 16 6 • 0,2 .... 10 12 ., \ ·j • • J 10 .:l 16 16 g 12 '· 33 :: 64 ::1 111)\~t: Exphnatlon ot syfl'ools presented on Flo. 7. CQte lfl9 of Doring 8-6 .. 9) shCI!o'l'l on fJgs, A-8, A--9 and A-to, Appendix A. 0 10 20 30 40 50 60 10 so 90 100 110 1~0 .. t 1: .;: 5 .! ~ I ;; ~ ~ .. l Sages at Aspen Glen Preliminary Application Page 119 Boring B-7-93 Boring B-8-93 0 .. 0 NC=IO 9 5 -200=70 LL=24 ··' PI=3 13 13 10 15 14' 15 36 9 20 15 6 ..., a: "- I .c: t. 15 3 "' 25 0 6 30 3 35 40 45 Note: Explanation of symbols presented on Fig. 7. 4 112 92 ChenONorthem,lnc. Bridge Abutments Logs of Exploratory Borings 0 5 10 15 I . 20 .... I ~ ,. .0:: 1i 25 "' 0 30 I Fig. 5 1. Sages at Aspen Glen Preliminary Application Page 120 @" ~en §.~ g~ ~!';. :>:> ""0'"0 ~ ~'2-(tl Lesen<l: ~ ~ D ~ ~ r:J • • ~ Topsoil; silty clay, orgapic:, dllt'k. f)ral'n. Silt (ML): ~acsy. llle<I1Uta den:;e~ sl1gbt.ly mist, bnlwn. Ctar (CL): silty. Si4ar, .edHa to stlft. lr()ist to vet. red-brow, l~ plasticity, •bed vitll orave1 anc:1 cobbles Boring B-2-93 .. Gravel {Qt); sil'ty. cl<lyey, sandy, cobbles. DeditJe dense, 1110is:t: to we't, ........ Gravel, Cobb'es & BoulderS. {GI(..6P): sligAtly silty to c:lean. <I'~ to very dense. aoist to we-t. taro.rn. tltatbtren Sltale-SUtstooe and Gyp.SIJQ; fir=. IDOist. gray-brom. sule-sUtstoAe" aoc! Gypsua Bedroct.; aedl--bi.'td to nant .. voids. and ZOnes of eroderi.tc Ph.sticit)' Dreccil. gray .. brown. E;,gle-V.,lley Evaporite .. Sandstone Bedrock: very OOI"d. t"ed., Maroon Formtion. Drive saii!Ple; sta!Ktard ~tl"i.tion test (SPT)~ 1 3/8-lncb J.D .. ~lit spoon supLe. ASlH D-1586. 48/t2 Drive s•lt l>lo.~ count; indicates that. AS biQIS of a t4()..pow;d h~ falli.ng 30 1ndaes wert-required ta dtiYe the 'SP'1' $alll!)let' 12 inches. ~ Free M~t.er level LA boring and number or days att.er drilling cttiSUTe~DeDt vas ~na~cle. - T IrJ Depth •t ""icb boring cam fo1l01tiDS drilling. R!fusal to carbide l>lt ~I' o1uger. Ref~JS~t to Beckel' Drills at. Boring R£1. PVt= pipe iasullt:CI itt bOriDg::O to de;lth sbmm. \"' diawter in Borings IJ..I thTOUgh 8-6; ZO. dl~ter In Elorings RE 1 oncJ 2. Hatched is perforated seetion.. 15 ~ ln4icaus relative resistanCe of subsoU t.o d'M.vlng by BeO.er O'rills "Cli.SlngR • 112 93 I CllelrONonhem.lnc. Aspen Glen OevelCIJ)IIII:flt Notes: 1.. Explor.ncry Bor1Dg.S B-l ttu'ov!fb e.-a. lOO ltE 1 and R£ c: were drille4 between MarCh 16 and Z2 and AprJI 1 ana'· 19'9] vi'Dl Beeker Drills using ,a & 5/B 1RCh 0D C::IISing oldYaDCed through~ Stl'll'S wt\b ~ pJle hUller US11J9: ~it' U circ:uli'tion. BoM.ng:s B-1. 2, Sind 6 were cored to ~lr fiMl depUI vitlt KX diamond bit. using water as c1Tt.ub.tion.. Exploratory borings ,u .. g 'thrOUgh 6-tl vere drilled on April 9, 19!l3: with. a "'-inct. dl~ter cont1C~UDUS flight power .,,.,._ 2.. Locations of exploratory bol"ings were ~~easure:~ appro.xll!l&tely by pacing ft"Om featll!"eS shOwn on the stte plan proYi.cled. 3. Elevctions of explo:r..ltor'y borings ll!ere not aeasured o.n4 logs of exploratory borjpgs are drawn to depth.. · 4. ltre explontof'J boring. loatJons and elevations snould be consldered; accurate only to the degree i~~pl ied by the .etbCid used.. • 5. The I ines be'bleen materials s110wn oa the exploratory boring logs represent t.t.e approx.imau bocmdaries betWeen .at2rlal t)'pe's and trans1Uons gay be gradual. 6. Water level rudjngs shown an 'the logs ~re Ni:Je at tne t.ie and un4er the <:on&21tioM. iA<Hc:ated.. FloctuatiOI:IS in. water tevel may oeeur "IIi tb ti~~e • 7. L.abof'atory Testing Res1.1lts: 1/C ....... Content (l) +4 ., Percent retained OB Hi). 4 Sieve- ·200 • Percent passing No .. 200 sieve L.l. • Liquid Uai t (I) • Pl = Plasticity !nd& (~} l~ iod Ncrtes ..... 7 crQ -·~ ---------------------------------------------------------------------------------------------------------------------------------------------------------------------~ og_O ;::;c;·;;- N::t::: @" ~CZl 8"' s·~ "' "' .:1~ >> '"t1"0~ ~'E.(!) {JQ Q"J:l (l)~Cl No·o w"" I I 4 112 92 SURFACE ~R a.EitCFO --.u .. l-93 B-2-93 ... s-93 ..... 8-4-93 B-5-93 B-6-93 JIE .. J-93 ~-2 .. ~3 OlenON:>nhem,lnc: CASING AND MATERIAL OIIIEHSIONS tFl:J A B c D _E 103.5 97 ~ 7 • 121.5 127.S c 3 D "" 62 22 13 8 109 109 ,. "' 16 100,.5 100.5 40.5 17 . 13 130 116 56 3 0 79 .,. 39 6 2.5 .. Sol •• 3 • Aspen &! en Dew-el opotrn: . T I F size ) GROUND i SURFACE :1 . 3 l" OD ~I I 3 J-0£1 TOP OF SEAl.. -lo I BENTONITE I - 3 •• 00 TOP OF _lc 8ACKFllL -:=t TOP OF SLOTTED ' t• DD PVC PI~ - 2 1° OD ; B . 3 ,. Ol . A . . 3 z• ot ' . 3 2" (I . . . . . BOT"rolol OF ] • : PVC PIPE (CAPPED)--t~ ~~i BOTTOM OF ·_r:& BOIUNG PIEZOMETER CONSTRUCTION SUMMARY '"'-8 125 ~ -.. ~ :.: ... Ill 100 Q MINIMUM SETBACK z FROM EDGE OF w SINKHOLE * [i! ;:) 0) 0:: 75 w > 0 50 '-----t.----------...-- 0 10 20 30 SETBACK o·ISTANCE ( ft) * ASSUMES GRAVEL IS AT GROUND SURFACE. INCREASE SETBACK BY 1/3 THE CLAY SOIL DEPTH. 4 m 921 ChenONorthern,lnc.l BUILDING AND "UTILf1Y SETBACK FROM SINKHOLES ' ' . I I Sages at Aspen Glen Preliminary Application Page 124 ..... ····-----~---···-····~-·--·-·-·--·-·-····-··------·-.. ····-·--~------··-----· -------···--·-·-· -· .. ·--·-·····-·· Gravel Alluvium 3/4" -I 1/2" Screened Rock 3' 3-5' Typ. Compacted Backfill Solid Concrete Pipe 6" Diameter solid Standpipe with t---£7--Tr·ash Screen 'at Top typ. Below Perforated Concrete ;Pipe ' 4' Minimum Penetration Into Gravel Alluvium DRY WELL SCHEMATIC NOT TO SCALE 4 112 92 ChenONorthern,lnc. Typical Dry Well Construction Fig, 10 Sages at Aspen Glen Preliminary Application Page 125 .. .. Bodn, No. Tip Doplh (Ft.) B-1·93 97.0 B-2-93 127.S D-3-9:! 61.0 Jl-4.93 100.0 B-S-93 JOO.S JJ-6.93 IOO.S RB-1·93 79.0 JU!.:Z.93 S4.0 TABLBI SUMMAIIY 0, WATER t.BVU JISADINOS JobNo.4112n ~g!b IQ ~Wt J.sv!J CE!1l ilt!D: Q~ll:4 §lldtU ~-1&.93 3·:18-9) l-21·93 4-4-93 47.0 41.2 40.1 4S.O 44.7 34.8 37.2 4!.0 4$.1 10.7 $•11·93 36.2 31.7 31.4 37.0 33.! JS,2 33.7 8.7 I ' I i l Sages at Aspen Glen Preliminary Application Page 126 JobNo.4ll2!l2 T.Alll.'EB ASPEN GLEN DEVELOPMENT-WEST SID:S ALLUVIAL AND DEBRIS FANS Flaw Dcprh flow Peak Toe.! BASIN Alm FAN NUMllElt BNiu Avz. Uppeo-Clwmel Dcprh DcbDs llob:ia ...... BuiD Fza .AbOV< Oa Oa v..._ (Ac) Slopo Slo(>o F.oa F... (Qd) (Vd) (8) (ft) (c&) (ouyd) AllllVlAI.FANS 1 l,T/OJJ 0.119 0.()60 &BASINS z 133.0 0.330 0.095 VEl<Y LAI<GE 3 24-S 0.3SS o.us 13.9 2..4 1.7U 60S DEmllS BASINS 4 15.Z 0.413 0.135 U.2 Z.l 1,046 413 (G-Than 15 AI>) -w:o-o.:w;-O":i26 A~ 13.1 2:3 r.m-m- 1.ARG5 DEIIRJS BASINS s 10.9 0.44Z 0.154 9.& 1.9 153 301 7 10.9 0.437 0.169 9.7 1.9 753 301 (10to15 Ac) 9 10.3 o.m 0.111 9.0 1.8 713 2S5 to 10.3 o.:.zz 0.240 8.3 1.7 713 235 11 11.7 OA24 O.lll 9.5 u sos 323 16 11.0 0.419 O.lll 9.0 1.7 716 Z86 1& U.l 0.467 0.111 )0.1 1.9 S3Z 333 Avz """"iT.O o:cr o:i96 9.3 .u "755 'iOZ nm:BMEDIAlE 13A 7.& 0.429 0.119 7.7 u 539 Z16 DEBitiS .11AS1NS 1311 7.& 0-4:!9 0.119 7.7 u 539 116 12 u 0.424 O.ll7 8.2 1.7 Iilii. 270 (Sto10Ao.) 15 55 0.444 0.279 7.0 1.3 330 ISZ 17 8.1 0.419 o= 1.9 1.6 55& m ll 9.6 0.551 0.211 1.7 1.7 666 266 zz 6.3 0.564 o.zu 7.7 1.4 436 174 2) 6.9 0.670 0.1&1 l.(i 1.6 416 190 A~ ---:;:r o:m om-1.9 1:6 534 213 SMALL DEilRlS ,BASINS 6 05 0.419 0.174 s.o 1.0 37 15 8 4.4 0.437 0.119 7.1 1.3 301 120 (Lossth.a5Ao) 14 1.5 0.477 0.141 5.6 1.2 103 41 19 0.9 0.515 0.309 6.9 1.4 222 S9 zo 45 0.523 0.31$ .7.1 1.3 309 U4 24 3.1 0.667 9.185 7.0 1A 214 IIi " l5 1.11 0.713 0.250 5.6 1.2 127 51 @ 6:3 75 =:CI.l A~. 2A 0.544 0251 1.3 ISS 8 " a·~ " ~ ,:;:;;: >> >-rj"C ~ t~J'E..(J) (JQ n·~ :ct.Q t-.>Orn _,,, APPBNPIXA CORELOOS • ·1 0 i Sages at Aspen Glen Preliminary Application Page 128 JOG NO. 4 Ill 91 PROJeCT Asnn Glen IIQIIINO No •. _Bo;;•,o;;I·9~J'---=CII------- 0,0 to I ,0 ft. TOP SOIL: Sllty Cb)', lrJ)darately organl¢~ d.uk brolfn SHEEI_1_~ _!_,_ lOOA~OH _ _,S..=F'-'Lg.,._,t _____ _ TOTAl. 011'111 OF DEPlH_'"""'I:::;Ol:.,5:,.' __ o\1118URD£N_ ' g~NI 4•1·11 f1HISHED: J•i•ij s . 1,0 to 9,0 ft, SANOY ClAY: HidllLil to sfirt, IO!i plasticity, mUt to wet, red~hrown 10 15 :: li • ~ • ~ . ~ ~ ': " 5 c .,; l ~ ~ i "' • ;: <Z Sages at Aspen Glen Preliminary Application Page 129 .. . ... . .. . '• . : •' .. :lQil HO. 4 tt2 92 li¢f'JNG No.. 9·1•9) . '. . .. . . . ·. ....... 9.0 to 75.0 ft. GRAVEL, COIB\!$ AHWBI;b!n: , .~a ,1Qhtly silty to ·to very' dens~. 1110lst to Rive~ Ttrr~u Mluvlum. <!0 0$ 70 <!0 85 O~JLL WATER CIRCUtm~ tr .0 to 98.5 h. C05 9S.S to 99.0 ft. Poor gg,o to 103.5 ft.. ~ou CORING STMTEO AT 81,0 ft. !lt1D l Rte ·• I~ RQO .0~ Run z Ate • 16J. RQD • 01. Run 3 '" • 82$ IQO. m i l 'll fi ~ l!' ~ • ll Sages at Aspen Glen Preliminary Application Page !30 --JOo1 NO. 4 !12 9Z PRMCT Afptn Gltn QftOIJt<O BORING NO. 9·2·93 EIEVAnOll ______ _ 10.0 to 27 0 ft. SANOY Cl.AYt AJth sm gh\Vil, Midi tiff ta stiff. 1 .. pl&stlcltyl IMIIt to wot, red- ~'"!'"·· smlli> • lnlllllng. 15 .. 15 30 SHm-.!..-or_a __ LCCAnO« s .. flq, I • Sages at Aspen Glen Preliminary Applica1ion Page 131 .. . . ,.• . ~· .. ' . •' . ;.1011 N0,_,;;4~1c:;l2:.:9:::Z_:_ 27.0 to 99,0 It, SILTY GAAVtl: H1th SOiii.CObfilts, midl~,~n dtrl$t, · tl) vet, bNWn, Slnkhol• tnflllin9, ao &$ 70 'm 98,0 to 127.5 fl. SHALE: Car60n4e&Ous ~nn gjps~.t~~ parUnps lao fissile, SNI1 vugos, non· cMtOtfd, bhck. so &' too Drill W.ater Clrc.llhtlon IOi!' .0 to 121.5 {f,-To<t Coring start«! ot 102.0 ft. Run I RK • 60~ RQD • SOl . -· 't: " • ~ .. • ~ .. • 1: Sages at Aspen Glen Preliminary Application Page 132 suro_3_Cf ....!___ ts.o to 121.5 n. SI!Al£: CirtibiiliCRI.Ui With gypstm partlngs(0 5 D£1'111 ~ fm ~~ · flsdlf, wll vugg$, non .. CtfWIIttd, blaek. 110 110 115 11> 120 120 125 125 1.10 130 ~~ . 140 140 1!10 1!10 155 ISO ...... __ _. .............. 150 Run I Rec • 601 RQO • 501 RtiR 2 fi:K • 6•'1 • RQO • 501 Run 3 Rec • lDO~ RQO • 1001 RUil 4 Rf:C " lOQ'l RQO • 1001 Run ! Ree • IOOS RQO • 1001 Totol ~th 127,5 ft. Sages at Aspen Glen Preliminary Application Page 133 JOS HO. 4 112 92 ... P'ROJECT As!)4n 6\an •• 8 10 20 28 SHEEr -1-Of ___i_ L~n~----~~~,~~~~·~'------------ lOToiL I06.S' 0&1'111 Of lliPlll_---..:=~_,o-__ O!P!H WAmt DEP!H-Fm 8 10 18 20 2.5 I I • 6 > ~ 0 :i· • -~ 0 Sages at Aspen Glen Preliminary Application Page 134 'JOB HO. 4 II~ 9?. SHttT_L_~_2 __ a$ Drill W•ter Clrll:Uhtlon. os.u to Jou.s n. GOOa 62,0 to 70,0 ft. SHAt~r tarbonaCi'OuJ Mtth)'p!lill p~rtllliJS, fissile, Wll V«Wo ROR•<eotnted. blae~. Eaglt Valley £vapor Ito. 85 100 ..1...--__JW....J.. 100 Coring started at 55,0 ft, Run I flee • 451 RQO • 0~ Roo 3 Ree .. 1001 RQD • 3Sl Run 4 it~ • 50~ RQ(t • 131 Run 5 Ret • 100\ RQO • 661 Aun 6 . Rec: • 831 RqO • 63J Ruh 7 Rec • 59S RQD • !9\ A·7 B·S-93 .. Sages at Aspen Glen Preliminary Application Page 135 JOII NO. _.;..4 .;..11;:._2 :..9?.'---.. PRO.£Cf AspRn Glen IIORIHO NO. 8-6-93 CIIOU!ID w.v.>.nou ______ _ .. 30 IH!iT_I_. Of_!:..._ lOCAliOH Ste Fig, I TOTAL OO'!H Of wrn --'1"'3o,..o,_• ___ OVW!UitiliN __ _ 'DAlt ~ Sages at Aspen Glen Preliminary Application Page 136 -. • .. " ;JOG ~ 4 II?. 92 sanay, Slightly silty to cha'h dense. to very dftnltt ~ht to wet, gr•y-bl'Oitl'l, Rlvfr f,..rrac~ AIJuvlll!. 115 .. 70 -- eo 10 · OrUl Wotar ClreuhtJM 1\J\!.0 to 130.0 ft. Good 10 IS CorJno starte4 ~t 106.0 tt. Run I Rle • IOO'J. RQO , Ul Run 2 Ate • 100.1 MO .01 Sages at Aspen Glen Preliminary Application Page 137 • • •• ,JOfJ NO. 4 112 92 -flO, 9·6·93 '" 120 II$ 135 140 1-15 14$ 1150 1150 165 165 1&0 ..l----LI..l-J..1ao Rlln 3 Rec • -41'1 RQD • 16! Run 4 Rec = ''% R(jD2U Run 5 Rte • 100\ RQD • IOJ Run 6 A.ec • 1001 RQO • 11! ~\Jf\ 7" R•c -sal RQD • 0! ft. . i ' l Sages at Aspen Glen Preliminary Application Page 138 APPEt>IDIXB LABORATOR''l TEST RESULTS Sages at Aspen Glen Preliminary Application Page 139 i I ~ I ! • • ; ; •• \l.$.1 ClEAR SQUAAE OPSNINQ. .'i ~~~ ,llf.'. '""'" '"'"". I T I 1111, 'I ), 'IQQ •! '., .,. 1.. ,. I· ., .. "' ~I .. § e !ii ~ .c -:o ·"' ·' ·' • ,,. DIAMETER OF PARTICLE IN MJt.LtMeTE.AS CLA~TOSILl" OAAV<L "71 .. 'IN I SAND 18 % MtCIU OAAS&: FINI CO.lf\S! SILT AND CLAY 11 II LIQUID LIMIT %. PLASTICitY INOi:iX SAMPCEOF clayey Sandy grave\ FROM HVORC --SiEVE Borlng.B-2-93 at 53' thru 62' .a~ .. um.IIMIN.4UIN. I MIN. •o)o "100 U-~· t'~'JQ ,.~~;·s.,,q, ~""' •• •• e 13 ~ f ~., .... ,,~ C080l!S I l .. I I I -., '" --:l ' ,,. --; .: ~ ,-,-~ .... .... '·' ' "' "',;,: ~., .. OIAMI!T&A OF PARTICLB IN Mlt,LIM&TERS I ORAV&t. fiHI COARSe .... MEDIUM ICOAAS! CLA'I'TOSILT GRAVEL 33 II SAND 65 \\ SILT AND CLAY 2 . \\ .. LIQUID LIMIT .. PLASTICITY INDEX SAUPLEOF gravelly Sand FROM BorIng B-4-93 at 108' thru 109' 4 112 92 ChenONorthern,{nc. GRADATION TEST RESULTS coaaua Fig. 8-1 Sages at Aspen Glen Preliminary Application Page 140 • ' . ,. " L SIEVE ... ., . u.u.u .... CLA.Y J0$1LT GRAVE~ 69 II liQUID l.IMIT DIAMETER Of PARTICLE IN MILLIMETERS ' 0 ••• Ml IUJ.I OAASS SILY AND CLAY SAND 25 '.1 .. PLASTIC! TV IND~X '""'"'"~ ••• •: ··~· i· 1., ... ... ~ . ., ··~· filii C AA i . 6 .. .. COB IRIS SAMPLE OF sandy graVe) FROM . Boring B·5·93 at 7' '"'" 1 MIN 'I 0 'I"' '<o , .. '>l I' I . ,. I I•• II ~· .WI .011 .C)t ,0 ,I ~ _.,, ,;,•" 1,10 .'J;.. t,J. 1.12 1.1 .... ,,, .... • CLAYTOSIL1 OAAVEL 57 .. LIQUID LIMIT DIAMETER OF PARTIC~e IN MIL~IMETERS liN I COAASI SILT ANO C~AV SAND' 34 1\ II. PlASTICITY INDEX GRAVU OAA$6 COBB LIS SAMPLE OF sandy gravel FROM Boring B~9·93 at 2.5' 4 112 92 ChenONorthern,lnc. GRADATION TEST RESULTS Fig. 8-2 Sages at Aspen Glen Preliminary Application Page 141 • • '• ' ... r Sieve I I },lr;;;,l ~. 60 MIN, 10 MoN.<MoN I MoN. •: "' .,., '! ,., 'I ··~ ,,. '"""'""· . !. ,.. , .•.. •· .,§ " "' " ··~~~ ~ •• CI.AY TOSJLl GRAVeL 58 .. LIOUIDUMIT ~ .0 .... f.'" " 5ffi: I.\ \, DIAMETER OF PARTIC'E IN MILLit.!aTERS D QAAYU II~& M!QIUM OAAS£ FINE C .AAS€ SAND 33 II Yo SILT AND CLAY 9 ~l/.STICITY INOttX , l1o 1,. 1 .. . "' ~ .. I COB81.1$ SAMPlE OF sandy gravel FROM Boring B-12-93 at 4' ,l(tiM~ ........ ""I"'"'"· """· .,:, .,, .,. .,..,. ., . ~. ... ,. :;""':~~ ,., I " .< CLAVTOSII,T OAAV&L LIOUIO Lll.tiT SAMPL& OF .. I•• lkl -·.: •:!/"' .... ~ .... .... 11.1 ll.f .... ~"'' OIAMSTEiFI 01 PAATICt.E IN MILLIMSTI!AS IINI I.IIDIUM COAASE f\Jt! COARS! SAND 'llo $11.1 AND CLAY 'Ji; PLASTICITY INO&X PROM C088US 4 112 92 ChenONonhern.lnc. GRADATION TEST AESUL TS Fig. 6-3 r I I I I. I 1. Sages at Aspen Glen Preliminary Application Page 142 if ~Cil §.6'6 8 ~ ~"' :>:> ........ ·"""""" .OIUIIO ....... ·- B-1-93. 4 -7 B-2-93 53 -62 B-3-93 3 - 5 B-4-93 08 -109 B-5-93 7 B-7-93 5 - 6 B-9-93 2.5 B-11-93 0.5 B-12-93 4. 15 . Chen-Northern, Inc. -....... TABLE B-1 Job No. 4 112 92 SUMMARY OF LABORATORY TEST RESULTS ~ ' ~ ~ -.,....,.....,.... UN:QIAJEDI """"""" """""" """""" ...., ~ """"' I"'="' cg-,~..e ~~ ... , ..., ... , ..., """"' ...... -"" "" 2:6 89 31 12 silty clav w/sand 71 lB 11 cl~ san~avel I 99 41 18 silty clay 33 65 2 [gravel J.y_ sand I 69 25 6 lsandv·aravel 10 70 24 . 3_ ""'....tilt 3 57 34 9 I sandv arave 1 I • 20 . 56 24 4 vea_ sandy si 1 t ' . 58 33 9 san!!Y..JI!'avel j ' 12 61. 18 3 weathered siltstone - ' - "Tj'T:j~ PJ'E..o (J'Q ;:::;· :::::> 0 ~ C) ----------------------------------------------------------------------------------------------------------------------------------------------------------~ 'i: o· <b "'"" -----~---------- i. 1. Sages at Aspen Glen Preliminary Application Page 144 ( ----------~~----- BYLAWS AND RESPONSffiLE GOVERNANCE POLICIES OF THE SAGES AT ASPEN GLEN ASSOCIATION ARTICLE I OFFICES The Sages at Aspen Glen Association ("Association") is a Colorado nonprofit corporation, with its principal office located at . The mailing address ofthe Association is . The Association may also have other offices and may carry on its purposes lit such other places within and outside the State of Colorado as the Board may from time to time determine. ARTICLED DEFINITIONS AND ASSENT 2.01. Definitions. The definitions in the Declaration for The Sages at Aspen Glen ("Declaration"), as amended from time to time and recorded in the office of the Clerk and Recorder of Garfield County, Colorado, shall apply to these Bylaws, and all defined terms used in the Bylaws shall have the same meaning as defined terms used in the Declaration, or the Colorado Common Interest Ownership Act as set forth in Colorado Revised Statutes, Section 38-33.3-101 et. seq., as amended from time to time. 2.02. Assent. All present or future owners, their families, present or future tenants, and their guests and invitees, and any other person using the facilities of The Sages at Aspen Glen in any manner are subject to these Bylaws, the Articles ofincorpol'l\tion for the Association, the Declaration, and any procedUl'es, rules, or policies adopted under such documents by the Association. The acquisition or rental of any lot or unit or the occupancy of one of the units shall constitute ratification and acceptance of these Bylaws. ARTICLE ill MEMBERSHIP, DECLARANJ, ASSOCIATION GENERAL POWERS 3.01. Membership. There shall be one Membership in the Association for each lot and condominium unit. The person or persons who constitute the owner of a lot or condominium unit shall automatically be the holder of the Membership appurtenant to the lot or unit, and shall collectively be the Member of the Association with respect to that lot or unit, and the Membership appmienant to the lot or unit shall automatically pass with fee simple title to the lot or unit. Membership in the Association shall not be assignable separate and apart from fee simple title to a lot or unit, and may not otherwise be separated from ownership of a lot or unit. 3.02 Period of Declarant Control. The Declarant shall control the Association until sixty (60) days after conveyance of seventy five percent (75%) of the lots and condominium units that may be created to lot and condominium unit owners other than Declarant; or Sages at Aspen Glen Preliminary Application Page 145 two (2) years after the last conveyance of a lot or condominium unit by the Declarant in the ordinary course of business; or two (2) years after any tight to add new lots or condominium units was last exercised by Declarant. 3 .03 Declarant's Right to Appoint and Remove Directors and Officers. The Declarant shall have and hereby reserves the power to appoint and remove, in its sole discretion, the members of the Board of Directors and the officers ofthe Association dming the period of Declarant control. This tight is subject to and limited by section 6.03. At any tinle prior to the termination of the period of Declarant control, the Declarant may voluntarily surrender and relinquish the right to appoint and remove officers and members of the Board. 3.04 Association's General Powers. The Association has been formed as a Colorado nonprofit corporation under the Colorado Revised Nonprofit Corporation Act to manage the affairs of The Sages at Aspen Glen. The Association shall serve as the goveming body for the protection, inlprovement, alteration, maintenance, repair, replacement, administration and operation of the common areas/common elements, the levying and collection of Assessments and other expenses and such other matters as may be provided in these Bylaws, the Delcaration and the Articles of Incorporation. The Association shall have all of the powers, authority and duties as may be necessary and appropriate for the management of the business and affairs of the The Sages at Aspen Glen, including without linlitation all of the powers, authority and duties provided for in the Colorado Conunou Interest Ownership Act and the Colorado Revised Nonprofit Corporation Act. ARTICLE IV MEETINGS OF MEMBERS-NOTICE, QUORUMS, PROXIES, VOTING 4.01 Annual Meetings. The Annual Meeting shall be held once every fiscal year on a date and time as specified by the Board of Directors. The President shall preside over all meetings and is responsible for running the meeting according to agenda. 4.02 Special Meetings. Special Meetings of the Members may be called at any tinle by the President or by a ml\iority of the Board or upon written request of Members who are entitled to vote twenty percent (20%) of all the votes of the Association. 4.03 Tinle Restrictions on Speakers. The President or other person presiding over the meeting may place the reasonable tinle restriction offive (5) minutes on those persons speaking dming the meeting bnt shall permit a Member or an Member's designated representative to speak before the Board takes formal action on an item under discussion. 4.04 Secret Ballot. At the discretion of the Board or upon the request of twenty percent (20%) of the Members present at the meeting or represented by proxy, a vote on any matter affecting the Association on which all other owners are entitled to vote shall be by a secret ballot. Ballots shall be counted by a neutral third party or by a committee of volunteers. Such volunteers shall be Members who are selected or appointed at an Sages at Aspen Glen Preliminary Application Page 146 ----------~--------------------------. ----------------- open meeting, in fair manner, by the chair of the Board or another person presiding during that portion of the meeting. The volunteers shall not be Board members and, in the case of a contested election for a Board position, shall not be candidates. 4.05 Notice of Meetings. Written notice of each meeting of the Members shall be given by, or at the direction of, the Secretary m· person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least fifteen (15) days before such meeting to each Member entitled to vote, addressed to the Member's mailing address. Such notice shall specify the place, day and hour of the meeting and the items on the agenda. In the case of a special meeting, the purpose of the meeting shall be specified. For the purpose of issuing such notices, the Board may establish a record date for determination of membership in accordance with the laws of Colorado. 4.06 Waiver of Notice. Written waiver of notice signed by a Member or attendance at a meeting by a Member shall constitute a waiver of notice of such meeting, except where attendance is for the express purpose of objecting to the failure to receive such notice or to defects in the notice. 4.07 Quorum. The presence at the meeting of Members entitled to cast, or of Members holding proxies and entitled to cast, fifty (50%) of the votes of Members shall constitute a quorum for any action. If, however, such quorum is not present or represented at any meeting, the Members entitled to vote shall have to adjourn the meeting, from time to time, without notice other than announcement at the meeting until a quorum shall be present or be represented. 4.08 Proxies. At all meetings of Members, each Member may vote in person or by proxy. All proxies shall be in writing and filed with the Secretary at least twenty-four (24) hours ptior to the commencement of the meeting of Members at which such proxy is sought to be utilized. Every proxy shall be revocable and shall automatically cease upon conveyance by the Member of his lot or unit, and shall also cease upon attendance in person by the Member who previously gave a proxy. No proxy shall be valid after the expiration of eleven (II) months from the date of its execution unless otherwise specifically provided in the proxy. A proxy shall not be valid if obtained through fraud or misrepresentation. If a lot or unit has multiple owners and more than one of the multiple owners are present to vote, the votes allocated to that lot or unit may be cast only in accordance with the agreement of a majority in interest of the owners. There is a majority agreement if any one of the multiple owners casts the votes allocated to that unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the lot or unit. 4.09 Right to Revoke. The Association is entitled to reject a vote, consent, written ballot, waiver, proxy appointment or proxy appointment revocation if the Secretary or other officer or agent auth01ized to tabulate votes, acting in good faith, has reasonable basis for doubt about the validity of signature on it or about the signatory's authority to sign for the owner. The Association and it officer or agent who accepts or rejects a vote, consent, written ballot, waiver, proxy appointment or proxy appointment revocation in good faith Sages at Aspen Glen Preliminary Application Page 147 -------·------------------------"-" ----~-------·--------·------~------" ····--------- and in accordance with the standards of this section are not liable in damages for the consequences of the acceptance or rejection. 4.10 Voting Rights of Members. Each lot and condominium unit shall be entitled to one (1) vote (i.e. one vote per Member/owner). If title to a lot or unit is owned by more than one person, such persons shall collectively vote their interest in a single vote. If only one of the multiple owners is present at a meeting, such owner is entitled to cast the vote allocated to that lot or unit. If more than one of the multiple owners is present, the vote allocated to that lot or unit may be cast only in accordance with the agreement of a majority in interest of the owners. 4.11 Majoritv Vote. At any meeting ofMemhers at which a quorum is present, the affirmative vote of Members representing one (1) vote more than fifty percent (50%) of the votes present in person or by proxy and entitled to be voted shall be the act of the Members. 4.12 Order of Business. The order of business at all meetings of Members shall be as follows: (a) Roll call; (b) Statement of compliance with procedures for notice of meeting or waiver of notice; (c) Reading of minutes; (d) Reports of officers; (e) Rep01is of committees; (t) Election of Directors (annual meetings only); (g) Unfinished business; (h) New business; and (i) Adjounnnent. ARTICLEV MEETINGS OF DIRECTORS-NOTICE. QUORUMS, PROXIES. VOTING 5.01 Initial Board Meeting. There shall be a meeting of the Board of Directors innnediately following the Annual Meeting ofthe Members of the Association if all elected Directors are present at the meeting, but not longer than two (2) weeks following the Annual Meeting. 5.02 Regular Meetings. Regular meetings of the Board ofDirectors shall be held from time to time, as the Board of Directors, by vote, may determine with written notice to the general membership and at such place and hour as may be fixed, from time to time, by resolution of the Board. 5.03 Special Meetings. Special meetings of the Board shall be held when called by the President of the Association, or by any two (2) Directors, after not less than seventy-two (72) hours notice to each Director. Sages at Aspen Glen Preliminary Application Page 148 ---------------------~-- 5.04 Open Meetings. Notwithstanding any provision in the Declaration or other documents to the contrary, all meetings (regular and special) of the Association and Board of Directors is open to every owner of the Association, or to any person designated by a Member in writing as the Member's representative. Before the Board votes on an issue under discussion, owners or their designated representatives shall be permitted to speak regarding that issue. 5.05 Meetings by Telephone. The Directors may hold special meetings via a telephone conference call, and any action taken by the Board at such a telephone conference call meeting shall have the same force and effect as such action taken at a meeting at which a quorum of the Board was physically present. Any actions taken will be included in the minutes of the next meeting. 5.06 Action Taken Without a Meeting. The Directors shall have the right to take any action in the absence of a meeting, which they could take at a meeting by obtaining the written approval of all the Directors. Any action so approved shall have the same effect as though taken at a meeting of the Dh·ectors. Any actions taken will be included in the minutes of the next meeting. 5.07 Ouornm. The presence, in person or by proxy, at all meetings of the Board entitled to cast fifty percent (50%) of the votes shall constitute a quorum. If, however, such quorum shall not be present or represented at any meeting, the Director entitled to vote shall have to adj oum the meeting, from thne to time, without notice other than announcement at the meeting, until a quorum shall be present or represented. 5.08 Waiver of Notice. Before, at, or after any meeting of the Board ofDh·ectors, any Director may waive, in writing, notice of such meeting and such waiver shall be deemed equivalent to the giving and receipt of such notice. Attendance by a Dh-ector at any meeting of the Board shall be a waiver of notice by him, except when a Director attends the meeting for the express pmpose of objecting to the transaction of business because the meeting was not lawfully called or convened. 5.09 Executive/Closed Door Meetings. The Board may hold an executive or closed door session and may 1-estrict attendance to Board members and such other persons requested by the Board. The matters to be discussed at such an executive session shall include only matters enumerated below: (a) matters pertaining to employees of the Association or the managing agent's contract or involving the employment, promotion, discipline or dismissal of an officer, agent or employee of the Association; (b) consultation with legal counsel concerning disputes that are the subject of pending or hnminent court proceedings or matters that are privileged or confidential between attorney and client; (c) investigative proceedings concerning possible or actual criminal misconduct; Sages at Aspen Glen Preliminary Application Page 149 (d) matters subject to specific constitutional, statutory, or judicially imposed requirements protecting particular proceedings or matters from public disclosure; (e) any matter the disclosure of which would constitute an unwarranted invasion of individual privacy; (f) review of or discussion relating to any written or oral communication from legal counsel. 5.10 Attorney-Client Privilege. Upon the final resolution of any matter for which the Board received legal advice or that concerned pending or contemplated litigation, the Board may elect to preserve the attorney-client privilege in any appropriate matter, or it may elect to disclose such information, as it deems appropriate, about such matter in an open meeting. 5.11 Conflict of Interest. If any contract, decision, or other action taken by or on behalf of the Board of Directors would financially benefit any member of the Board of Directors or any person who is a parent, grandparent, spouse, child or sibling of a member of the Board of Directors or a parent or spouse of any of those persons, that member of the Board of Directors shall declare a conflict of interest for that issue. 5.12 Dutv to Disclose. The Director has a duty to disclose the existence of any actual or potential conflict of interest and all material facts relating to the actual or potential conflict in an open meeting prior to any discussion or action on that issue. After making such disclosure, the Director may participate in the discussion bnt shall not vote on that issue. ARTICLE VI BOARD OF DIRECTORS 6.01. Number of Board of Directors. The affairs of this Association shall be managed by a Board of not less than three (3) nor more than five (5) Directors who shall be Members of the Association. The number of the Board of Directors shall be established from time to time by amendment tu these Bylaws. 6.02 Initial Board ofDirectors. The initial number of the Board of Directors shall be three (3) and the Declarant shall select the three initial Board of Directors during the period of Declarant control. After conveyance of twenty five percent (25%) of the lot and units that may be created to owners other than the Declarant, at least one Member and not Jess than twenty five percent (25%) of the Board of Directors must be elected by owners other than Declarant. After conveyance of fifty percent (50%) of the lot and units that may be created to owners other than the Declarant, not less than thirty three and one third percent (33.33%) of the Board of Directors must be elected by owners other than Declarant. 6.03 Term of Office of Directors. The term of office for the initial Directors shall be Sages at Aspen Glen Preliminary Application Page 150 fixed at the time of their appointment as they themselves shall determine in order to establish a system of three (3) year terms in whlch at least one-third (1/3) of the Board of Directors is elected each year, and the Board shall identity in which year the directorshlps for each category of representation are subject to election. For example, if the number of Directors on the initial Board is set at three (3) pursuant to Section 6.02 above, one (1) Director shall serve for a one (1) year term, one (1) Director shall serve for a two (2) year term, and one (1) Director shall serve for a three (3) year term. At the expiration of the initial term of office of each respective Director, a successor shall be elected to serve three (3) years. Each Director shall hold office until such Director's successor is elected by the Association and qualified. Any Director elected by the Members shall serve for the remainder of the term of the Director replaced. 6.04 Removal of Directors & Vacancies. Directors may be removed and vacancies on the Board may be filled as follows: (a) By the Members. Any Director may be removed, with or without cause, at any regular or special meeting of the Members by a vote of sixty seven percent (67%) of votes of all persons present and entitled to vote. A successor to any Director removed may be elected at such meeting to fill the vacancy created by removal of the Director. A Director whose removal is proposed by the Members shall be given notice of the proposed removal at least ten (10) days prior to the date of such meeting and shall be given an opportunity to be heard at such meeting. (b) By the Board. Any Director who has tlu·ee (3) consecutive unexcused absences from Board of Directors meetings or who is delinquent in the payment of any Assessment for more than thlrty (30) days may be removed by a majority vote of the Directors present at a regular or special meeting at whlch a quorum is present, and a successor may be appointed by the Board. In the event of the death, disabiliiy, resignation or removal by the Board, as set forth in thls subsection (b), of a Director, a vacancy may be declared by the Board, and the Board may appoint a successor. Any successor appointed by the Board shall serve for the remainder of the term of the Director replaced. 6.05 Powers and Duties. The Board of Directors shall have the powers and duties necessary for the administration of the affairs of the Association and for the operation and maintenance of The Sages at Aspen Glen. The Board of Directors shall have all of the powers, authority and duties granted or delegated to it by the Declaration, the Articles, these Bylaws and the Colorado Common Interest Ownershlp Act. 6.06 Manager. The Board of Directors may employ for the Association a Manager (at a compensation established by the Board of Directors) to perform such duties and services as it shall authorize. The Board of Directors may delegate, by resolution, any of the powers and duties granted to it but, notwithstanding such delegation, shall not be relieved of its responsibility under the Declaration, the Articles or these Bylaws. Sages at Aspen Glen Preliminary Application Page 151 ·-------·--- ARTICLE VII OFFICERS 7.01. General. The officers of the Association shall be a President, one or more Vice Presidents, a Secretary, and a Treasurer. The officers shall be appointed by an affll1Ilative vote of a majority of the members of the Board. The Board may appoint such other officers, assistant officers, committees and agents, including Assistant Secretaries and Assistant Treasurers, as they may consider necessary or advisable, who shall be chosen in such manner and hold their offices for such terms and have such authority and duties as from time to time maybe determined by the Board. One (1) person may hold two (2) offices, except that no person may simultaneously hold the offices of President and Secretary. In all cases where the duties of any officer, agent or employee are not prescribed by the Bylaws or by the Board, such officer, agent or employee shall follow the orders and instructions of the President. 7.02. Removal of Officers. Upon an affumative vote of a majority of the members of the Board, any officer may be removed, either with or without cause, and his successor elected at any regular meeting of the Board, or at any special meeting of the Board called for such purpose. 7.03. Vacancies. A vacancy in any office, however occurring, may be illled by an affirmative vote of a majority of members of the Board for the unexpired portion of the term. 7 .04. President. The President shall be the chief executive officer of the Association. He shall preside at all meetings of the Association and of the Board. He shall have the general and active control of the affairs and business of the Association and general supervision of its officers, agents and employees. 7.05. Vice President. The Vice President shall assist the President and shall petform such duties as may be assigned to them by the President or by the Board. In the absence of the President, the Vice President designated by the Board or (if there be no such designation) designated in writing by the President shall have the powers and perform the duties of the President. If no such designation shall be made the Vice President may exercise such powers and perform such duties. 7.06. Secretary. The Secretary shall keep the minutes of the proceedings of the Members, executive committee (if any) and the Board. He shall see that all notices are duly given in accordance with the provisions of these Bylaws, the Declaration and as required by law. He shall be custodian of the corporate records and of the seal ofthe Association and affix the seal to all documents when authorized by the Board. He shall keep at its registered office or principal place of business within or outside Colorado a record containing the names and registered addresses of all Members, the designation of the lot or unit owned by each Member, and, if such lot or unit is mortgaged, the name and Sages at Aspen Glen Preliminary Application Page !52 address of each mortgagee. He shall, in general, perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him by the President or by the Board. Assistant Secretaries, if any, shall have the same duties and powers, subject to supervision by the Secretary. 7.07. Treasurer. The Treasurer shall be the principal financial officer of the Association and shall have the care and custody of all funds, securities, evidences of indebtedness and other personal property of the Association and shall deposit the same in accordance with the instructions of the Board. He shall receive and give receipts and acquittances for monies paid in on account of the Association, and shall pay out of the funds on hand all bills, payrolls and other just debts of the Association of whatever nature upon maturity. He shall perform all other duties incident to the office ofthe Treasurer and, upon request of the Board, shall make such reports to it as may be required at anytime. He shall, if required by the Board, give the Association a bond in such sums and with such sureties as shall be satisfactory to the Board, conditioned upon the faithful performance ofthls duties and for the restoration to the Association of all books, papers, vouchers, money and other property of whatever kind in hls possession or under hls control belonging to the Association. He shall have such other powers and perform such other duties as may be from time to time prescribed by the Board or the President. The Assistant Treasurers, if any, shall have the same powers and duties, subject to the supervision ofthe Treasurer. ARTICLEVlll INDEMNIFICATION 8.o!. Definitions. For purposes ofthls Article VIII, the following terms shall have the meanings set forth below: (a) Proceeding. Any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative and whether formal or informal; (b) Indemnified Party. Any person who is or was a party or is threatened to be made a party to any Proceeding by reason of the fact that he is or was a director or officer of the Association or, while a Director or officer of the Association, is or was serving at the request of the Association as a Director, officer, partner, trustee, employee or agent of another corporation, partnership, joint venture, trust or other ente•prise including, without limitation, any employee benefit piau of the Association for whlch any such person is or was serving as a trustee, plan administrator or other fiduciary. 8. 02. Indemnification. The Association shall indemnify any Indemnified Party in any Proceeding to the fullest extent pennitted by law. 8.03. Insurance. By action of the Board, notwithstanding any interest ofthe Directors in Sages at Aspen Glen Preliminary Application Page !53 such action, the Association may purchase and maintain insuraoce, in such amounts as the Board may deem appropriate, on behalf of any Indemnified Party against any liability asserted against him aod incurred by him in his capacity of or arising out of his status as ao Indemnified Party, whether or not the Association would have the power to indemnifY him against such liability under applicable provisions oflaws. 8.04. llight to Impose Conditions to Indemnification. The Association shall have the right to impose, as conditions to aoy indemnification provided or permitted in this Article Vill, such reasonable requirements and conditions as to the Board may appear appropriate in each specific case and circumstances including, without limitation, aoy one or more of the following; (a) that any counsel representing the person to be indemnified in connection with the defense or settlement of any Proceeding shall be counsel mutually agreeable to the person to be indemnified and to the Association; (b) that the Association shall have the right, at its option, to assume and control the defense or settlement of aoy claim or proceeding made, initiated or threatened against the person to be indemnified; and (c) that the Association shall be subrogated, to the extent of any payments made by way of indemnification, to all of the indemnified person's right of recovery, and that the person to be indemnified shall execute all writings and do everything necessary to assure such rights of subrogation to the Association. ARTICLE IX AMENDMENT OF BYLAWS 9.01. Amendment by the Members. These Bylaws may be amended by the affirmative vote of at least seventy-five percent (75%) ofthe Members at any regular or special meeting, provided that a quorum is present at any such meeting. However, notwithstanding the foregoing, no provisions of these Bylaws may be amended by a number of Members which is less than the number of Members that is required within that particular provision to take certain action. Amendments may be proposed by the Board of Directors or by petition signed by the holders of at least a majority of the votes. A statement of any proposed amendment shall accompany the notice of any regular or special meeting at which such proposed amendment will be voted upon. 9.02. Amendment by the Board. These Bylaws may be amended by the unanimous vote ofthe entire Board at any regular or special meeting, provided that a quorum is present at such meeting. A statement of any proposed amendment shall accompany the notice of any regular or special Board meeting at which such proposed amendment will be voted upon. 9.03. Scope of Amendments. These Bylaws may not be amended in a manner inconsistent with the Articles, the Declaration, or any applicable provision of Colorado law. Sages at Aspen Glen Preliminary Application Page 154 -----------~-··-----·----·-~·--·---~- ARTICLE X CORPORATE SEAL The Board of Directors shall provide a suitable corporate seal containing the name of the Association, which seal shall be in the custody and control of the Secretary. The corporate seal shall be circular and shall have inscribed thereon the name of the Association and the word "Colorado" in the circle and the word "Seal" in the middle. If and when so directed by the Board of Directors, a duplicate seal may be kept and used by such officer or other person as the Board of Directors may name. ARTICLE XI ANNUAL BUDGET AND AUDIT 11.01 Annual Budget. The Board of Directors shall prepare or cause to be prepared an annual operating budget. Within thirty (30) days after the adoption of any proposed budget for the Association, the Board of Directors shall mail, by ordinary first-class mail, or otherwise deliver, a summary of the budget to all lot and condominium unit owners and shall set a date for a meeting of the lot and condominium unit owners to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after the mailing or other delivery of the sunrmary. Unless at that meeting sixty seven percent (67%) of all lot and condominium unit owners reject the budget, the budget shall be ratified, whether or not a quorum of owners is present. In the event the proposed budget is rejected, the budget last ratified by the lot and condominium unit owners shall be continued until such time as the lot and condominium unit owners ratify a subsequent budget proposed by the Board of Directors. 11.02 Audit. The books and records of the Association may be subject to an audit at the discretion of the Board. An audit will be required if one third (1/3) of the Members request an audit. The audit will be conducted pursuant to generally accepted auditing standards by an independent and qualified person selected by the Board. The person selected for the audit shall be a certified public accountant. ARTICLE XII ACCOUNTING RECORDS The Association shall maintain accurate and complete accounting records in accordance with generally accepted accounting principles. ARTICLE Xlll COLLECTION OF UNPAID ASSESSMENTS All homeowners are obligated to pay Assessments as established by the Board. 13.01 Due Date. Regula1· Assessments shall be due and payable on the first day of each calendar quarter. Sages at Aspen Glen Preliminary Application Page !55 13.02 Notice/Invoice. The Board shall mail to each owner at least ten (I 0) days prior to the due date a written notice/invoice of the amount of the next quarterly Regular Assessment that is due from each owner. 13.03 Delinquent Assessments. Any Assessment is deemed delinquent if not paid within fifteen (15) days of the due date. 13.04 Interest. Any Assessment deemed delinquent shall bear interest from and after the due date at the rate of interest set by the Board in accordance with section of the Declaration. 13.05 Late Fee. Any Assessment deemed delinquent shall also incur a late fee of $25.00. 13.06 Statement of Unpaid Assessments. Upon written request, the Association shall furnish a Statement ofUnpaid Assessments in accordance with section of the Declaration. 13.07 Collection. In addition to the remedies provided for in section in the Declaration, delinquent Assessments may be referred to an attorney and/or collection agency for collection. The delinquent owner will be liable for all collection costs, including attomey's fees. ARTICLE XIV ENFORCEMENT OF COVENANTS AND RULES 14.01 Complaints. The Board will investigate all violations of covenants and rules that are reported to the Board in writing or by phone within thirty (30) days. Complaints that, in the opinion of the Board, lack sufficient information or detail may be deemed to not warrant further investigation. 14.02 Notification of Owners. If the investigation shows the reported violation to be accurate, the Board shall given written notice of the violation to the owner by mail, setting fmih the nature of the violation m· breach and the specific action or actions which shall be taken by the owner to remedy such violation or breach. The notice shall give the owner fifteen (15) days to cure the violation, submit a plan to remedy the violation, or request a hearing with the Board. Alternatively, the owner may request an appeals hearing with the Board at the next regularly scheduled Board meeting to appeal the notice of the violation. The Board's decision on the appeal is final. 14.03 Fines. If the owner does not cure the violation, submit a plan to remedy the violation, request an appeals hearing, ot· if the Board determines that a violation or breach exists after a hearing, the Board may levy a fme of $50 per occurrence per day against the property owner who has violated or breached the covenant or rule. Once fmes have started, owners must request a hearing with the Board in Wliting for the fines to cease. If Sages at Aspen Glen Preliminary Application Page 156 the violation or breach is not cured within thirty (30) days after the initial fine is assessed, the Board may take legal action against the owner. 14.04 Collection Provisions. All fmes, costs and expenses, including attorney's fees, necessary to enforce this policy shall be an Assessment against the owner's property and subject to all lien and collection powers of the Association. 14.05 Unresolved Violations. After the expiration of sixty (60) days following notice of a violation in which no hearing is requested or alternatively after an appeals meeting, the Board may: (a) suspend the rights or privileges of the owner relating to use of any common area and/or common elements within the Association and suspend the voting rights of the owner; (b) pursue all rights of action available at law or in equity including, but not limited to, the remedy of injunctive relief and obtaining a monetary judgment for all costs, expenses, including attorney's fees, and damages; (c) resetve the right to waive or increase fines or penalties based on the severity of the violation and circumstances; (d) enter at all reasonable times upon any lot or unit to which a violation, breach, or other condition to be remedied exists, and take the actions specified in the notice to the owner to abate, extinguish, remove or repair such violation, breach or other condition which may exist. Such entry or action, or both, shall not be deemed to be a trespass or wrongful act. All costs and expenses, including attorney's fees, incurred by the Association or on its behalf in enforcing such violation, shall be a binding personal obligation of such owner enforceable at law, as well as a lien, on such owner's lot or unit. ARTICLE XV INSPECTION AND COPYING OF RECORDS 15.01 Association Records to be Kept. The Association shall keep a copy of the following records at its principal office: (a) Articles of Incorporation; (b) Bylaws; (c) Declaration; (d) resolutions adopted by the Board; (e) minutes of all Member and Director meetings for the past three (3) years; (f) all written communications within the past three (3) years to owners; (g) name and address of each owner; (h) name and address of each director and/or officer; (i) annual financial statements; (j) current insurance policies; (k) all financial audits and reviews conducted within the past three (3) years; Sages at Aspen Glen Preliminary Application Page !57 (I) current annual budget; (m)a list, by lot or unit owner, of the Association's current and delinquent Assessments. 15.02 Inspection and Copying of Association Records. Owners are entitled to inspect and copy, at the owner's expense, any records listed above during regular business hours to the extent that: (a) the request is made in good faith and for a proper purpose; (b) the request describes with reasonable particularity the records sought and the purpose of the request; and (c) the records are relevant to the request. The owner must make a written request to the Association Secretary at least five (S) days before the date on which the owner wishes to inspect and copy such records. ARTICLE XVI INVESTMENT OF RESERVE FUNDS Reserve funds shall be invested in such amounts as may be detennined and authorized by the Board. The Board may delegate its investment authority. 16.01 Standard of Conduct. Investment of reserve funds shall be done in good faith, within the best interests of the Association and with the care an ordinarily prudent person in a like position would exercise under similar circumstances 16.02 Authorized Investments. Authorized investments are U.S. Treasury Bills and Notes, Money Market Funds and Certificates of Deposits. Derivative securities and mortgage backed securities are not authorized investments. 16.03 Investment Objectives. (a) Safety of Principal: The long-tenn goal is safety of the reserve funds and to promote and ensure the preservation of the reserve fund's plincipal. (b) Liquidity: Funds shall be sufficiently liquid to meet anticipated or unanticipated expeoditures. Liquidity can be achieved by structuring maturities to ensure the availability of assets when needed. (c) Minimal Costs: Investment cots should be minimized. (d) Professional Management: The Board may delegate its investment authority to professional managers. (e) Return: Funds should be invested to seek the highest level of return consistent with the preservation of principal. Sages at Aspen Glen Preliminary Application Page !58 ARTICLE XVII ADOPTION AND AMENDMENT OF POLICIES. PROCEURES AND RULES 17.01 Board Determination ofNeed for Rules. The Board may determine the need to adopt or amend certain rules, regulations, policies and/or procedures ("Rule") as it deems necessary, desirable or appropriate with respect to the interpretation and implementation of the goveming documents of the Association, the operation of the Association, the use and enjoyment of common areas and/or common elements or for any other purpose. 17.02 Notice and Opportunity to Comment. The Board shall place the proposed Rule on its meeting agenda prior to the next open meeting. Written notice of the agenda and the proposed rule shall be mailed to the Members of the Association at least ten (1 0) days prior to the open meeting. The Board shall allow an opportunity for the Members to comment on the proposed Rule. 17.03 Adoption of Rule. Rules shall be effective only upon adoption by resolution at an open meeting of the Board following Board discussion and Member comment. The Board shall then provide written notice ofthe Rule adoption to its Members within fifteen (15) days after adoption. 17.04 Emergency. The Board may waive notice and opporhmity to comment in the event the Board detennines, in its sole discretion, an emergency Rule needs to be immediately adopted. ARTICLE XVIII RESOLVING DISPUTES BETWEEN ASSOCIATION AND OWNERS In the event of any dispute between the Association and an owner, for which a method, policy or procedure to address such dispute is not provided by the Declaration or Bylaws of the Association, the owner and Association shall first submit the matter to mediation. The parties will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. The mediation, unless otherwise agreed, shall terminate in the event the entire dispute is not resolved within sixty (60) calendar days of the date written notice requesting mediation is sent by one party to the other party. ARTICLE XIX CONFLICTS BETWEEN DOCUMENTS In the event of any conflict or inconsistency between any provision ofthese Bylaws and the Declaration, the provisions of the Declaration shall govern and control and these Bylaws shall be amended to the extent necessary to conform to the Declaration. Sages at Aspen Glen Preliminary Application Page !59 ADOPTED By an affll'1llative vote of the Members of the Sages at Aspen Glen Association at the initial meeting of Members dated--------- ATTEST:=:----,---------- Secretary Sages at Aspen Glen Preliminary Application Page 160 ------------·----. --------·-----·--------·--~----------· -------------·----- SAGES AT ASPEN GLEN SUBDIVISION IMPROVEMENTS AGREEMENT TillS SAGES AT ASPEN GLEN ("Sages at Aspen Glen "), SUBDNSION IMPROVEMENTS AGREEMENT ("Agreement") is made and entered into this __ day of --,---=' 200 _, by and between"), Gerd Zeller ("Owner" or "Developer'') and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO (refen-ed to in this Agreement as the "Board" or "County"). WITNESSETH: WHEREAS, simultaneously with the recording of this Agreement, Owner has exercised an option to purchase a parcel of real property located within Garfield County, Colorado, known as the Sages at Aspen Glen Subdivision, which property is described on Exhibit A hereto (the "Property"); and WHEREAS, Developer has acted as the "Applicant" with the consent ofthe previous owner through the subdivision process; and WHEREAS, on 2010 the Board approved a Preliminmy Plan for Sages at Aspen Glen (Resolution No. 201 0-_) which, among other things, would create 10 residential lots (Project); and WHEREAS, Developer has submitted to the County for its approval a fmal subdivision plat ("Final Plat") for the subdivision, comprising nine single-family residential lots, two duplex lots and four (4) open space/common areas parcels; and WHEREAS, as a condition of approval of the Final Plat submitted to the County for its approval as required by the laws of the State of Colorado, Developer wishes to enter into this Subdivision Improvements Agreement with the County; and WHEREAS, Developer has agreed to execute and deliver a letter of credit to the County to secure and guarantee its perfon-nance under this Agreement and has agreed to certain restrictions and conditions regarding the issuance of building pen-nits, certificates of occupancy and sale of properties, all as more fully set forth below in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. DEFINITIONS. a. Final Plat means the document consisting of sheets to be recorded with the Garfield County Clerk and Recorder entitled Final Plat, Sages at Aspen Glen Subdivision. · Sages at Aspen Glen Preliminary Application Page 161 --------~-~---------------· -·-··--------------~--·--------··-----------------·-···----·· ----~------------·---~----------------·--··-· b. Plat Documents mean the Construction Documents for the Sages at Aspen Glen prepared by Schmueser, Gordon, Meyer, Inc, under project number consisting of pages, revised as , together with the Final Plat. 2. FINAL PLAT APPROVAL. The County hereby accepts and approves the Final Plat for the Sages at Aspen Glen, subject to the tenus and conditions of this Agreement, the Preliminary Plan Approval (Resolution 2010-_), and the requirements of the Garfield County Zoning and Subdivision Regulations. 3. DEVELOPER'S PERFORMANCE. Developer has consb.ucted and installed, or shall cause to be constructed and installed, at its own expense, those subdivision improvements ("improvements" or "subdivision improvements") related to the Final Plat for Sages at Aspen Glen which are required to be consb.ucted under the Preliminruy Plan Approval, this Agreement, the Final Plat, and all Garfield County Zoning and Subdivision Regulations. Developer shall comply with the following: a. All Plat documents submitted prior to or at the time of Final Plat approval, as well as all terms and conditions set f01th on the Final Plat, all of which are incorporated herein by this reference; b. All requirements of the Preliminary Plat Approval and all Garfield County Zoning and Subdivision Regulations applicable to this project; c. All laws, regulations, orders and resolutions of the State of Colorado, and the County of Garfield; d. All designs, specifications, drawings, maps, sketches, and other materials submitted by Developer and its engineers in furtherance of the application for the approval of Sages at Aspen Glen, as heretofore approved by the County, including all improvements shown on the Plat Documents. e. Payment of all fees required by the County and/or such other government authority or special district with jurisdiction, as may be required for installation of the improvements. £ All such improvements shall be completed no later than one (1) yeru· after the date of recording of this Agreement in the Office of the Garfield County Clerk and Recorder, which period may be extended by the Board for good cause shown. The County agrees that if all required improvements are installed in accordance with this Agreement; the requirements of the Preliminary Plan approval; the Plat Documents, the as-built drawings to be submitted upon completion of the improvements and the requirements of the Garfield County Zoning and Subdivision resolutions and regulations; and all other requirements of this Sages at Aspen Glen Preliminary Application Page 162 -------------·--··---·---·· --------------· -----~------~- Agreement, then the Owner shall be deemed to have satisfied all terms and conditions of the Zoning and Subdivision Regulations of Garfield County, Colorado with respect to the installation of improvements relating to the Project. 4. SECURITY FOR IMPROVEMENTS a. Letter of Credit. On or before the date of the recording of the Final Plat with the Garfield County Clerk and Recorder, Developer shall deliver a Letter of Credit in a form acceptable to the County ("Letter of Credit"). The estimated cost of completing the Sages at Aspen Glen subdivision improvements, as set forth and certified by a licensed engineer on Exhibit B attached hereto, is$--.--- (such estimate includes typical construction costs, construction inspection, engineering fees and a contingency fund). A Letter of Credit will be issued in the amount of$ to guarantee completion of the remaining improvements. The Letter of Credit required by this Agreement shall be issued by a state or national banking institution acceptable to the County, in substantially the same form as the draft letter attached as Exhibit C. If the institution issuing the Letter of Credit is not licensed in the State of Colorado and transacting business within the State of Colorado, the Letter of Credit shall be "confll1Ued" within the meaning of the Uniform Commercial Code-Letters of Credit§§ 4-5-101, et seq., C.R.S., by a bank that is licensed to do business in the State of Colorado, doing business in the State of Colorado, and acceptable to the County. The Letter of Credit must be valid for a minimum of six (6) months beyond the completion date for the improvements set forth herein. If the time for completion of improvements is extended by a written amendment to this Agreement, the time period for the validity of the Letter of Credit shall be similarly extended. Additionally, should the Letter of Credit become void or unenforceable for any reason, including bankmptcy of the Owner or the financial institution issuing or confirming the Letter of Credit, prior to approval of the improvements, this Agreement shall become void and of no force and effect, and the Final Plat shall be vacated pursuant to the term of this Agreement. b. Partial Releases of Letter of Credit. The County shall release portions of the Letter of Credit as portions of the improvements required hereunder are completed to the satisfaction of the County. Certification of completion of improvements adequate for release of security must be submitted by a licensed or registered engineer. Such certification authorizing release of security shall certify that the improvements have been constructed in accordance with the requirements of this Agreement, including all Final Plat plans. Developer may also request release for a portion of the security upon proof (i) that Developer has a valid contract with a public utility company regulated by the Colorado PUC that obligated such utility company to install certain utility lines and (ii) that Developer has paid to such utility company the cost of installation of such utilities required to be paid by Developer under such contract. Sages at Aspen Glen Preliminary Application Page 163 ( ---~----·----· ---------··-----· ---------- -~~-- Upon submission of a certification of completion of improvements by the Developer, the County may inspect and review the improvements certified as complete, to detennine whether or not said improvements have been constructed in compliance with the relevant specifications. If the County detennines that all or a portion of the improvements certified as complete are not in compliance with the relevant specifications, the County shall furnish a letter of potential deficiencies to the Developer within fifteen (15) days specifying which improvements are potentially deficient. If no letter of potential deficiency is furnished within the said fifteen (15) day period, all improvements certified as complete shall be deemed accepted and the County shall release the appropriate amount of security as it relates to the improvements that were certified as complete. If a letter of potential deficiencies is issued which identifies a portion of the ce1tified improvement as potentially deficient, then all improvements not so identified in the letter of potential deficiencies shall be deemed accepted and the County shall release the appropriate amount of security as such relates to the certified improvements that are not identified as potentially deficient in the letter. With respect to any improvements certified as complete by the Developer that al'e identified as potentially deficient in a letter of potential deficiencies as provided in this paragraph, the County shall have thi1ty (30) days from the date of the letter of potential deficiencies to complete its investigation and provide written confinnation of deficiency to Developer. If the County fmds that the improvements are acceptable, then appropriate security shall be released to the Developer within ten (I 0) days after completion of such investigation. In the event the improvements are not approved by the County, the Board of Commissioners shall make a written fmding prior to requesting payment from the Letter of Credit. Additionally, the County shall provide the Developer a reasonable period of time to cure any deficiency prior to requesting payment from the Letter of Credit. Upon completion of all improvements, Developer shall submit to the Board of County Commissioners of Garfield County as-built drawings beating the stamp of Developer's professional engineer certifying that all improvements have been constructed in accordance with the requirements of this Agreement, including all Final Plat plans. The County may inspect and review the improvements, and, assuming acceptance, the County shall release the remaining amount of security. c. Substitution of Letter of Credit. The County may, at its sole option, permit the Developer to substitute collateral other than a Letter of Credit acceptable to the County for the purpose of securing the completion of the improvements as hereinabove provided. d. Recording of Final Plat. The Final Plat for Sages at Aspen Glen shall not be recorded pursuant to this Agreement until the Letter of Credit described in this Agreement has been received and approved by the County. 5. WATER SUPPLY. Prior to issuance of any certificates of occupancy by the County for any homes to be located upon Sages at Aspen Glen, Developer shall Sages at Aspen Glen Preliminary Application Page !64 install a water distribution system for potable water and frre protection in accordance with plans and specifications approved by the County. All easements and rights of way necessary for installation, operation, service and maintenance of such water supply and distribution system shall be established as shown on the Final Plat. 6. ROADS. All roads within Sages at Aspen Glen shall be dedicated to the Aspen Glen Homeowners Association, Inc. for the use and benefit of the public. The homeowners association shall be solely responsible for the maintenance, repair and upkeep of said roads. The County shall not be obligated to maintain any roads within the subdivision. 7. INDEMNITY. To the extent allowed by law, the Developer agrees to indemnifY and hold the County harmless and defend the County from all claims which may arise as a result of the Developer's installation of the improvements required pursuant to this Agreement. However, the Developer does not indemnifY the County for claims made asserting that the standards imposed by the County are improper or the cause of the injury asserted. The County shall be required to notify the Developer of receipt of a notice of claim, or a notice of intent to sue, and shall afford the Developer the option of defending any such claim or action. Failure to notify and provide such written option to the Developer shall extinguish the County's rights under this paragraph. Nothing herein shall be interpreted to require the Developer to indemnifY the County from claims which may arise from the negligent acts or omissions of the County or its employees. 8. COMPLIANCE WITH FIRE DISTRICT REQUIREMENTS. The Carbondale and Rural Fire Protection District ("District") currently serves this Subdivision. The Developer shall comply with all provisions of the Districes approval, including, without limitation, that the Developer shall pay an impact fee of $ (for a total of$ for this Project) to the District at the time of Final Plat approval. 9 SALE OF LOTS. Except for the entirety of the Property, no lots, tracts, or parcels within Sages at Aspen Glen may be separately conveyed prior to recording of the Final Plat for Sages at Aspen Glen in the records of the Garfield County Clerk & Recorder. 10, BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for breach of this Agreement, the County may withhoid issuance of building pennits for any residence or other habitable structure requiring a permit to be constructed upon Lots I through 11, and/or any other structures requiring building permits within Sages at Aspen Glen. Further, the parties agree that no certificates of occupancy shall issue for any buildings or structures, including residences, within Sages at Aspen Glen until all on-site improvements have been completed and are operational as required by this Agreement. Developer shall provide the purchaser of a lot, prior to conveyance of the lot, a signed copy of a form in substantially the same form as that attached to and incorporated herein by Sages at Aspen Glen Preliminary Application Page 165 ------------------------------~------------------~-------~------- install a water distribution system for potable water and fire protection in accordance with plans and specifications approved by the County. All easements and rights of way necessary for installation, operation, service and maintenance of such water supply and distribution system shall be established as shown on the Final Plat. 6. ROADS. All roads within Sages at Aspen Glen shall be dedicated to the Aspen Glen Homeowners Association, Inc. for the use and benefit of the public. The homeowners association shall be solely responsible for the maintenance, repair and upkeep of said roads. The County shall not be obligated to maintain any roads within the subdivision. 7. INDEMNITY. To the extent allowed by law, the Developer agrees to indemni.fY and hold the County hannless and defend the County from all claims which may arise as a result of the Developer's installation of the improvements required pursuant to this Agreement. However, the Developer does not indemnify the County for claims made asse1iing that the standards imposed by the County are improper or the cause of the il\iury asserted. The County shall be required to notify the Developer of receipt of a notice of claim, or a notice of intent to sue, and shall afford the Developer the option of defending any such claim or action. Failure to notify and provide such written option to the Developer shall extinguish the County's rights under this paragraph. Nothing herein shall be interpreted to require the Developer to indemnify the County from claims which may arise from the negligent acts m· omissions of the County or its employees. 8. COMPLIANCE WITH FffiE DISTRICT REQUIREMENTS. The Carbondale and Rural Fire Protection Distlict ("District") cun·ently serves this Subdivision. The Developer shall comply with all provisions of the Distlicfs approval, including, without lintitation, that the Developer shall pay an impact fee of $ (for a total of$ for this Project) to the District at the time of Final Plat approval. 9 SALE OF LOTS. Except for the entirety of the Property, no lots, tracts, or parcels within Sages at Aspen Glen may be separately conveyed prior to recording of the Final Plat for Sages at Aspen Glen in the records of the Garfield County Clerk & Recorder. 10. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for breach of this Agreement, the County may withhold issuance of building permits for any residence or other habitable structure requiring a permit to be constructed upon Lots 1 through 11, and/or any other structures requiring building permits within Sages at Aspen Glen. Further, the parties agree that no certificates of occupancy shall issue for any buildings or structures, including residences, within Sages at Aspen Glen until all on-site improvements have been completed and are operational as required by this Agreement. Developer shall provide the purchaser of a lot, prior to conveyance of the lot, a signed copy of a form in substantially the same form as that attached to and incorporated herein by Sages at Aspen Glen Preliminary Application Page 166 ···--------·-------···---- reference as Exhibit C concerning the restrictions upon issuance of building permits and certificates of occupancy detailed in this Agreement, Final Plat Approval and Preliminary Plan Approval. 11. ENFORCEMENT. In addition to any rights which may be provided by Colorado statute, the withholding of building permits and certificates of occupancy provided for in paragraph 4 above, and the provisions for release of security, detailed in paragraph 10 above, it is mutually agreed by the County and the Developer that the County, without making an election of remedies, or any purchaser of any lot within the Subdivision shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this Agreement. Nothing in this Agreement, however, shall be interpreted to require the County to bring an action for enforcement or to withhold permits or certificates or to withdraw and use security. Nor shall this paragraph or any other provision of this Agreement be interpreted to permit the purchaser of a lot to file an action against the County. 12. CONSENT TO VACATE PLAT. In the event the Developer fails to comply with the terms of this Agreement, the County shall have the ability to vacate the Final Plat for Sages at Aspen Glen as it pertains to any lots for which building permits have not been issued. As to lots for which building permits have been issued, the plat shall not be vacated and shall remain valid. In such event, the Developer shall provide the County a sutYey, legal description and a plat showing the location of any portion of the Final Plat so vacated and shall record the plat in the Office of the Garfield County Clerk and Recorder. If such plat is not recorded by the Developer, the County may vacate the plat, or portions thereof, by Resolution. It is specifically agreed that this paragraph 12 applies to the Subdivision as a multi-phased project and therefore, in the event the County vacates the Final Plat as to the Subdivision, subject of this agreement, the County may also withhold approval of a final plat for a future phase if on-site or off-site Improvements covered by this Agreement are not completely installed and operable. 13 NOTICE OF RECORDATION. This Agreement shall be recorded in the Office of the Garfield County Clerk and Recorder and shall be a covenant running with title to all lots, tracts, and parcels 1vithin Sages at Aspen Glen. Such recording shall constitute notice to prospective purchasers or other interested patiies as to the terms and provisions thereof 14. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be binding upon and inure to the benefit of the successors and assigns of the Developer and the County. 15. NOTICES. All notices required or permitted by this Agreement shall be in writing and shall be deemed effective when received by the recipient party via Sages at Aspen Glen Preliminary Application Page 167 personal delivery, facsimile transmission, United States cet1ified mail, postage prepaid, return receipt requested, by messenger or by overnight delivery service, in all cases addressed to the person for who it is intended at their address and facsimile numbers(s) set f01ih below or to such other address as a party shall have designated by notice in writing to the other party in the manner provided by this paragraph: If to Developer: With copy to: If to the County: GerdZeller Sages at Aspen Eric J. Gross Whitsitt & Gross P .C. 320 Main Street Suite 200 Carbondale CO 81623 Board of County Commissioners of Garfield County Planning Director 108 Eighth Street, Room201 Glenwood Springs, CO 81601 19. AMENDMENT. This agreement may be amended or modified from time to time, but only in writing signed by the parties hereto. 20. VENUE AND JURISDICTION. Venue andjmisdiction for any cause arising out of, or related to, this Agreement shall lie with the District Comt for Garfield County, Colorado, and this Agreement shall be construed according to the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have signed this Agreement to be effective upon the date first set forth above. OWNER/DEVELOPER: By: __ ~~---------------­Gerd Zeller BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF GARFIELD, STATE OF COLORADO By: Sages at Aspen Glen Preliminary Application Page 168 Print Name: Chairman ATTEST: Clerk & Recorder Garfield County, Colorado STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me by, thls ______ day of ____ _ 200_ by Gerd Zeller. WITNESS my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me by ---:::-::-:-:-:::--:----::-c:-------' Chairman of the Board of County Commissioners for Garfield County, thls day of ____ __,200_ WI1NESS my hand and official seal. My commission expires: Notaty Public Sages at Aspen Glen Preliminary Application Page 169 --~ -----~--~----~~--------~ -------------------~ --- DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS OF THE SAGES AT ASPEN GLEN ---~----- Sages at Aspen Glen Preliminary Application Page 170 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS OF THE SAGES AT ASPEN GLEN THIS DECLARATION OF COVENANTS, CONDffiONS, RESTRICTIONS AND EASEMENTS of The Sages at Aspen Glen (the "Declaration") is made as of __, 2009, by Gerd Zeller (the "Declarant"). RECITALS A. Declarant is owner of that ce1tain real prope1ty located in Garfield County, Colorado, more particularly desclibed on the attached Exhibit A (the "Prope1ty"). B. Declarant desires to create on the Property a project pursuant to the Colorado Corrunon Interest Ownership Act as set fmth in Colorado Revised Statute 38-33.3-101, et. seq. (the "Act"), the name of which is The Sages at Aspen Glen. ARTICLEl DECLARATION AND SUBMISSION 1.1 Declaration. Declarant hereby declares that the Property shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements which are for the purpose of protecting the value and desirability of the Property, and which shall1un with the land and be binding on all pruiies and heirs, successors, and assigns ofpruiies having any right, title, or interest in all or any pmt ofthe Prope1ty. Additionally, Declarant hereby submits the Property to the provisions of the Act. 1.2 Master Declaration. The Property is subject to the Master Declaration of Covenants, Conditions and Restrictions for Aspen Glen recorded in the Office of the Clerk and Recorder of Garfield County, Colorado on April6, 1995, in Book 936 at Page 350, as amended (the "Master Declaration"). The association (hereafter defined) shall constitute a Subassociation as defined in the Master Declaration. ARTICLE2 DEFINITIONS The following words when used in this Declaration or any Supplemental Declaration, unless inconsistent with the context of this Declaration, shall have the following meanings: (a) ''Allocated Interests" means the undivided interests in the Common Elements, the Common Expenses, and the votes in the Association. The Allocated Interests for each Residential Unit have been allocated so that each Residential Unit's share shall be Sages at Aspen Glen Preliminary Application Pagel?! ------------~~ -----~ -----------~----··-·---· -·--·· ----~--~ -----~~------ computed with the numerator being one (1) and the denominator being the total number of Residential Units created and existing at any one time. (b) "Anmtal Assessment" means the Assessmentlevied annually. (c) (c) "Articles" mean the Articles of Incorporation for The Sages at Aspen Glen Homeowners Association, as amended from time to time. (d) '~sessmenls" mean the Annual, Special, and Default Assessments levied pursuant to Article 10 below. Assessments are also refell'ed to as a Common Expense Liability as defined under the Act. (e) '~sociation" means The Sages at Aspen Glen Homeowners Association, a Colorado nonprofit corporation, and its successors and assigns (f) "Association Documents" means this Declaration, the Articles of Incorporation, and the Bylaws of the Association, and any procedures, rules, regulations, or policies adopted under such documents by the Association. (g) "Bourd of Dil·ectors" means the governing body of the Association elected to perfonn the obligations of the Association relative to the operation, maintenance, and management of the Property and all improvements on the Property. (b) "Bylaws" means the Bylaws adopted by the Association, as amended from time to time. (i) "Common Expenses" means (i) all expenses expressly declared to be common expenses by this Declaration or the Bylaws of the Association, (ii) insurance premiums for the insurance canied under Article 8, and (iii) all expenses lawfully detetmined to be common expenses by the Board of Directors ofthe Association. (j) "Declarant" means Aspen Glen Golf Company, a Colorado limited partnership, and its successors and assigns. (k) "Declaratlon"means and refers to tins Declaration of Covenants, Conditions, Restrictions and Easements of The Sages at Aspen Glen. (I) "Default Assessment" means the Assessments levied by the Association pursuant to 10.7 below. m deleted (n) "First Mortgage" means any Mortgage which is not subject to any lien or encumbrance except liens for taxes or other liens which are given priority by statute and liens for assessments pursuant to the Master Declaration. 3 ---~---~~ ------- Sages at Aspen Glen Preliminary Application Page 172 (o) "First Morlagee" means any person named as a mortgagee or beneficiary in any First Mortgage, or any successor to the interest of any such person under such First Mortgage. (p) "Ge11eml Commo11 Eleme11ts" or "Commo/1 Elements" shall mean those Common Elements reserved for use by all the Owners by virtue of not being Limited Common Elements. The General Common Elements shall include all tangible physical properties of this Propetty including, but not limited to, the land described in Exhibit A, except to the extent such land constitutes a portion of the Residential Unit; the air above such land; the buildings' structural components including, but not limited to, the foundations, girders, beams, supports, roofs and bearing and structural walls; to the extent not designated on the Plat as Limited Common Elements, the yards, gardens, uncovered parking areas, chimneys, electrical, mechanical and plumbing service installations such as gas lines, pipes, wires, conduits or systems; roads which are not dedicated to the public; and any improvements or areas of the Property provided for the community use, recreation or common use of all of the Owners. General Common Elements also include all other parts of and improvements upon the Property necessary or convenient to its existence, maintenance and safety, except the Residential Units. Unless the context otherwise clearly requires, Common Elements shall include "Association Property," which shall mean all real and personal propetty, other than a Lot or Residential Unit, owned or leased by the Association for the use, enjoyment or benefit of the Owners or other occupants of the Property or any part hereof; no recreational or athletic facilities are included as any part of the Common Elements. (q) "Limited Commo11 Elements" means those patis of the General Common Elements which are either limited to, or reserved for, the exclusive use of the Owners of one or more, but less than all, of the Residential Units and as may otherwise be depicted on the Plat or described herein. All garages, front entry areas, parking spaces or areas, shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, decks, courtyard areas, outside jacuzzis or spas, if any, and all exterior doors and windows or other fixtures designed to serve a single Residential Unit, but located outside the Residential Unit's boundaries, are Limited Common Elements allocated exclusively to that Residential Unit. Any part of the General Common Elements designated on the Plat as "Limited Common Elements" or "LCE" shall be deemed a Limited Common Element. (r) "Lot" means any plot of land labeled as any one often Lots Sl through 810 subject to this Declaration and designated as a "Lot" on any subdivision plat of the Propetty recorded by Declarant in the office of the Clerk and Recorder of Garfield County, Colorado. (s) "Ma11ager" shall mean a person or entity engaged by the Association to perform certain duties, powers, or functions of the Association, as the Board of Directors may authorize from time to time. (t) "Master Associatio11" means The Homeowners Association at Aspen Glen, a Colorado nonprofit corporation, and its successors and assigns. 4 Sages at Aspen Glen Preliminary Application Page 173 -----·---------------------·---·--------~------------------------ (u) "Master Declaration" means the Master Decl&ation of Covenants, Conditions and Resll'ictions for Aspen Glen recorded in the Office of the Clerk and Recorder of Garfield County, Colorado on April6, 1995, in Book 936 at Page 350. (v) "Member" shall mean every person or entity who holds membership in the Association. (w) "Mortgage" shall mean any mortgage, deed of trust, or other document pledging any Residential Unit or interest therein as security for payment of a debt or obligation. (x) "Mortgagee" means any person named as a mortgagee or beneficiary in any Mortgage, or any successor to the interest of any such person under such Mortgage. (y) "Owner" means the owner of record, whether one or more persons or entities, of fee simple title to any Lot or Residential Unit, and "Owner" also includes the purchaser under a contract fur deed covering a Residential Unit with a cm1·ent right of possession and interest in the Residential Unit, but excludes those having such interest in a Residential Unit merely as security for the performance of an obligation, including a Mortgagee, unless and until such person has acquh·ed fee simple title to the Residential Unit pursuant to foreclosure or other proceedings. (z) "Plat" means the subdivision plat of The Sages at Aspen Glen recorded ~---=-,..,.---' 2010, as Reception No. in tlte records of the Clerk and Recorder of Garfield County, Colorado and all supplements and &nendments thereto. (aa) "P1'0pe1·ty" means and refers to that certain real property described on Exhibit A attached to this Declaration. (bb) "Residential Unif' means one of the units of duplex housing located on Lots 88 or 89 togetlter with all improvements thereon, including the individualtownhome, together with an undivided percentage interest in the Common Elements appurtenant to such Residential Unit and all other rights and burdens hereunder. Residential Unit is also referred to as a Unit under the Act. · (cc) "Sharing Ratio" means the percentage allocation of Assessments to which an Owner's Lot or Residential Unit is subject as set forth in Exhibit C attached hereto and made a part hereof. ( dd) "Special Assessment' means an assessment levied pursuant to Section 10.6 below on an hTegnlar basis. (ee) "Successor Declarant" means any party or entity to whom Decl&ant assigns any or all of its rights, obligations, or interest as Declarant, as evidenced by an assignment or deed of record executed by both Declarant and the transferee or assignee and recorded in the Office of the Clerk and Recorder of Garfield County, Colorado, designating such 5 Sages at Aspen Glen Preliminary Application Page 174 --------------~----------------------------------·------------··---~ ------·-· ---------·-. -·----------- party as a Successor Declarant. Upon such recording, Declarant's rights and obligations under this Declaration shall cease and terminate to the extent provided in such document. (ft) "deleted (gg) "Tite Sages at Aspe11 Gle11" shall mean the residential development project created by this Declaration, consisting of the Property, the Lots and Residential Units, and any other improvements constructed on the Propetty and as shown on the Plat. Each capitalized term not otherwise defined in this Declaration or in the Plat shall have the same meanings specified or used in the Act. ARTICLE3 NAME, DIVISION INTO RESIDENTIAL UNITS 3.1 Name. The name of the townhome project is The Sages at Aspen Glen. The townhome project is a Planned Community pursuant to the Act. 3.2 Association. The name of the Association is The Association of The Sages at Aspen Glen. Declarant has caused to be incorporated nuder the laws of the State of Colorado the Association as a nonprofit corporation with the purpose of exercising the functions as herein set fOtth. 3.3 Number of Lots and Residential Units. The number of Lots is 10 and the number of Residential Units of the project is thitteen (13). 3.4 Identification of Residential Units. The identification number of each Residential Unit shall be shown on the separate Supplemental Final Plats as filed. 3.5 Division of Property Into Residential Units and Allocation oflnterests. The Property shall, upon the filing of separate Supplemental Final Plats indicating individual Townhome Lots, be divided into fee simple estates, each such estate consisting of the separately designated Residential Units as shown on the Plat, as may be supplemented or amended from time to time. The Allocated Interest in and to the General Common Elements appurtenant to each Unit and in the Common Expenses shall be a fractional interest with the numerator being one (1) and the denominator being the total number of Residential Units depicted on the Plat and all supplements and amendments thereto. Each Residential Unit shall be allocated one (1) vote in the Association. In the event any Residential Unit or Property is added to the Project, pursuant to reserved Declarant development rights, the resulting Allocated Interest of the Residential Unit(s) in the Common Elements, Common Expenses, and votes in the Association shall be adjusted so that each Residential Unit has an identical fractional interest with the numerator being one and the 6 Sages at Aspen Glen Preliminary Application Page 175 -~---------------------.. -·-·-·· ---· -----··----- denominator being the total number of Units created and shown on the Plat as may be supplemented and amended from time to time. 3.6. Ownership of Common Elements. Such undivided fee interests shall not be amended without the prior written consent of all Owners having a fee ownership in the Common Elements and all first priodty Mortgagees, except as provided herein with respect to Declarant's reservation of rights and the reallocation of Limited Common Elements. 3.7 Limited Common Elements. A portion of the General Common Elements is reserved for the exclusive use of the individual Owners of the respective Residential Units, and such areas are referred to as "Limited Common Elements." The Limited Common Elements so reserved shall be identified on the Plat specifying to which Residential Unit or Units each Limited Common Element is allocated and are further identified in the definitions above. Any garage, decks, patios, balcony or balconies which are accessible only from wWiin, associated only with and which adjoin a single Residential Unit shall, without further reference thereto, be used in connection with such Residential Unit to the exclusion ofthe use thereof by the other Owners of the General Common Elements, except by invitation. No reference thereto, whether such Limited Connnon Elements are exclusive or nonexclusive, need be made in any deed, inshument of conveyance, or other inshument. An exclusive easement consisting of the right to use and occupy the Limited Common Elements appurtenant to a particular Residential Unit is hereby declared and established for the benefit of each such Residential Unit. The driveway appurtenant to each Residential Unit and shown on the Plat shall constitute a Limited Common Element appurtenant to such Residential Unit, regardless of whether designated as such on the Plat, and the Owner of such Residential Unit shall have the exclusive right to park on same. 3.8 Reallocation of Limited Common Elements. The allocation of Limited Common Elements may not be altered without the consent of the Owners whose Residential Units are affected. Subject to the provisions ofthis Declaration, a Limited Common Element may be reallocated between or among Residential Units after compliance with the following procedure as set forth in the Act. (a) The Owners of those Residential Units, as the applicants, must submit an application for approval of the proposed reallocation to the Board of Directors, which application shall be executed by those Owners and shall include: (1) the proposed fotm for an amendment to the Declaration as may be necessary to show the reallocation of Limited Common Elements between or among Residential Units; (2) a deposit against attorneys' fees and costs which the Association will incur in reviewing and effectuating the application, in an amount reasonably estimated by the Board ofDh·ectors; and (3) such other infmmation as may be reasonably requested by the Board of Directors. No reallocation shall be effective without the approval of the Board of Directors. The reallocation shall be effectuated by an amendment signed by the 7 Sages at Aspen Glen Preliminary Application Page 176 Association and by those Owners between or among whose Residential Units the reallocation is made, which amendment shall be recorded in the Office of the Clerk and Recorder of Garfield County, Colorado and indexed in the grantee's index in the name of the Association and in the grantor's index in the name of each person executing the amendment. All costs and attorneys' fees incurred by the Association as a result of the application shall be the sole obligation of the applicants. (b) A Common Element not previously allocated as a Limited Common Element may be subsequently allocated by the Declarant pursuant to its reserved development and Declarant 1ights. These allocations must be made by amendments to the Declaration prepared, executed and recorded by the Declarant. 3.9 Non-Partitionability of General Common Elements. The General Common Elements shall be owned in common by all of the Owners of the Residential Units and shall remain undivided, and no Owner shall bring any action for partition or division of the General Common Elements. However, an Owner of a Residential Unit consisting of two or more Units combined pursuant to this Declaration may partition or subdivide each Residential Unit into Units confonning to the dimensions of the origioal Residential Units described io the Plat. An Owner shall also have the right, upon obtainiog Wlitten approval of the Board of Directors and of the first priority Mortgagee of each Residential Unit affected, to create a doorway between the Residential Units in any common wall if such Owner owns two adjacent Residential Units. This Section is not intended, however, to prohibit joint or common ownership of a Residential Unit by two or more persons or entities. 3.10 The Use of Common Elements. Each Owner shall be entitled to exclusive ownership and possession of his Residential Unit. Each Owner may use the Common Elements in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other Owners, subject to such reasonable rules and regulations as may, from time to time, be established pursuant to the Bylaws of the Association. 3.11 Description of Residential Units. (a) Each Residential Unit, the Lot on which the Unit sits, the appurtenant undivided interest in the General Common Elements, and the appwtenant Limited Common Elements, shall together comprise one (1) Residential Unit, shall be inseparable and may be leased, devised or encumbered only as a Residential Unit. (b) Title to a Residential Unit may be held individually or in any fonn of concurrent ownership recognized in Colorado. In case of any such concunent ownership, each co-owner shall be jointly and severally liable for perfmmance and observance of all the duties and responsibilities of an Owner with respect to the Residential Unit in which he owns an interest. For all purposes herein, there shall be deemed to be only one (1) Owner for each Residential Unit. The parties, if more than one, having the ownership of a Residential Unit shall agree among themselves how to share the rights and obligations of such ownership, but all such pruties shall be jointly and severally liable for pe1formance and observance of all of the duties 8 Sages at Aspen Glen Preliminary Application Page 177 and obligations of an Owner hereunder with respect to the Residential Unit in which they own an interest. (c) Any contract of sale, deed, lease, Mortgage, will or other instrmnent affecting a Residential Unit may desclibe it by its Residential Unit number, The Sages at Aspen Glen, County of Garfield, State of Colorado, according to the Plat thereof recorded ---:----:-' 2009 as Reception No. and any recorded amendment and supplement thereto, and this Declaration, which will be recorded in the records of the Clerk and Recorder of Garfield County, Colorado, and any recorded amendment and supplement hereto. (d) Each Residential Unit and the undivided interest in the General Common Elements appurtenant thereto shall be considered a separate parcel of real property and shall be separately assessed and taxed. (e) Each Residential Unit shall be used and occupied solely for dwelling or lodging purposes. All of the above stated uses and occupancies shall be only as permitted by and subject to the appropriate and applicable governmental zoning and use ordinances, mles and regulations from time to time in effect. Notwithstanding the foregoing, Declarant, for itself and its successors and assigns, hereby retains a right to maintain any Residential Unit or Units as sales offices, management offices or model residences so long as Declarant, or its successor or assigns, continues to be an Owner of a Residential Unit. The use by Declarant of any Residential Unit as a model residence, office or other use shall not affect the Unit's designation on the Plat as a separate Residential Unit. (f) An Owner shall have the light to lease his Residential Unit upon such terms and conditions as the Owner may deem advisable; provided, however, that (i) any such lease shall be in writing and shall provide that the lease is subject to the tenns of this Declaration, (ii) a Residential Unit may be leased only for the uses provided hereinabove, and (iii) any failure of a lessee to comply with the terms of this Declaration, Aliicles of Incorporation, Bylaws or mles of the Association shall be a default under the lease enforceable by the Association. ARTICLE4 MEMBERSIDP AND VOTING RIGHTS; ASSOCIATION OPERATIONS 4.1 The Association. Every Owne>' of a Residential Unit shall be a Member of the Association. Membership shall be appmienant to and may not be separated from ownership of any Residential Unit. 4.2 Transfer of Membership. An Owner shall not transfer, pledge, or alienate his membership in the Association in any way, except upon the sale or encumbrance of his Lot or Residential Unit and then only to the purchaser or Mortgagee of his Residential Unit. 4.3 Membership. The Association shall have one (1) class of membership consisting of all Owners including the Declarant so long as Declarant continues to own an interest in a 9 Sages at Aspen Glen Preliminary Application Page 178 -----------~ . ·-·--·-... ----·--------· ---· ·----·-·-·-.. . ---··-· ----·-------· --------· ____ .. Residential Unit. Except as otherwise provided for in this Declaration, each Member shall be entitled to vote in Association matters pursuaat to this Declaration on the basis of one (1) vote for each Residential Unit owned. When more thaa one (1) person holds an interest in any Residential Unit, all such persons shall be Members. The vote for such Residential Unit shall be exercised by one (1) person or an alternative person (who may be a tenant of the Owners) appointed by proxy in accordaace with the Bylaws. In the absence of a proxy, the vote allocated to the Residential Unit shall be suspended in the event more thaa one (1) person or entity seeks to exercise the tight to vote on any one (1) matter. Any Owner of a Residential Unit which is leased may assigo his voting right to the tenaat, provided that a copy of a proxy appointing the tenant is furnished to the Secre!aly of the Association prior to any meeting in which the tenant exercises the voting right. In no event shall more than one (1) vote be cast with respect to any one (1) Residential Unit. 4.4 Declarant Control. Notwithstanding anything to the contrary provided for herein or in the Bylaws, Declarant shall be entitled to appoint and remove the members of the Association's Board of Directors and officers of the Association to the fullest extent permitted under the Act. The specific restrictions and procedures governing the exercise of Declarant's right to so appoint and remove Directors and officers shall be set out in the Bylaws of the Association. Declarant may voluntatily relinquish such power evidenced by a notice executed by Declarant and recorded in the office of the Clerk and Recorder for Garfield Cmmty, Colorado, but in such event, Declarant may at its option require that specified actions of the Association or the Board of Directors as described in the recorded notice, during the period Declarant would othe1wise be entitled to appoint and remove directors and officers, be approved by Declarant before they become effective. 4.5 Compliance with Association Documents. Each Owner shall abide by and benefit from each provision, covenaat, condition, restriction and easement contained in the Association Documents. The obligations, burdens, and benefits of membership in the Associati!)n concern the land and shall be covenants 1unning with each Owner's Residential Unit for the benefit of all other Residential Units aad for the benefit of Declarant's adjacent properties. 4.6 Booi~S and Records. The Association shall make available to Owners and to Mortgagees for inspection, upon request, during nonnal business hours or under other reasonable circumstances, current copies of the Association Documents and the books, records, and fmancial statements of the Association prepared pursuant to the Bylaws. The Association may charge a reasonable fee for copying such materials. The Association shall maintain such books and records as may be required under the Act. 4.7 Manager. The Association may employ or contract for the services of a Manager to whom the Board of Directors may delegate certain powers, functions, or duties of the Association, as provided in the Bylaws of the Association. The Manager shall not have the authority to make expenditures except upon prior approval and direction by the Board of Directors. The Board of Directors shall not be liable for any omission or improper exercise by a Manager of aay duty, power, or function so delegated by written instrument executed by or on behalf of the Board of Directors. lO Sages at Aspen Glen Preliminary Application Page 179 4.8 Implied Rights and Obligations. The Association may exercise any right or privilege expressly granted to the Association in the Association Documents, and every other tight or privilege reasonably implied from the existence of any right or privilege given to the Association under the Association Documents or reasonably necessary to effect any such tight or privilege. The Association shall perform all of the duties and obligations expressly imposed upon it by the Association Documents, and every other duty or obligation implied by the express provisions of the Association Documents or necessru.y to reasonably satisfy any such duty or obligation. ARTICLES POWERS OF THE BOARD OF DIRECTORS OF THE ASSOCIATION The Board of Directors shall have power to take the following actions: (1) suspend the voting rights of a Member during any period in which such Member is in default on payment of any Assessment levied by the Association, as provided in Section 10.7; and (2) exercise for the Association all powers, duties, and authority vested in or delegated to the Association and not resetved to the Members or Declarant by other provisions of this Declaration or the Articles or Bylaws of the Association or as provided by law. ARTICLE 6 MECHANIC'S LIENS If any Owner shall cause any matedal to be fumished to his Residential Unit or any labor to be performed therein or thereon, no Owner of any other Residential Unit shall under any circumstances be liable for the payment of any expense incun:ed or for the value of any work done OJ' material furnished. All such work shall be at the expense of the Owner causing it to be done, and such Owner shall be solely responsible to contractors, laborers, materialmen and other persons fumishing labor or materials to his Residential Unit. ARTICLE7 PROPERTY RIGHTS OF OWNERS AND RESERVATIONS BY DECLARANT 7.1 Recorded Easements. The Property shall be subject to all easements as shown on any recorded plat affecting the Property and to any other easements and licenses of record or of use as of the date of recordation of this Declaration. In addition, the Property is subject to those easements set forth in this Article 7. 7.2 Other Easements. II Sages at Aspen Glen Preliminary Application Page 180 --------~----·----·--------~--------·----~·-----·--· -------~------------~--------~- (a) Easements for Encroachments. If any po1tion of the General Common Elements encroaches upon a Unit or Units, a valid easement for the encroachment and for the Maintenance of same, so long as it stands, shall and does exist. If any pmtion of a Unit, as shown on the Plat, encroaches upon the General Common Elements, or upon an adjoining Unit or Units, a valid easement fm the encroachment and for the Maintenance of same, so long as it stands, shall and does exist. In the event that any one or more of the Units or other improvements comprising part of the General Common Elements are pa1tially or totally destroyed and are then rebuilt or reconstructed in substantially the sallle location and as a result of such rebuilding any portion thereof shall encroach as provided in the preceding sentence, a valid easement for such encroachment shall and does exist. Such encroachments and easements shall not be considered or detennined to be encumbrances either on the General Common Elements or on the Units. (b) Easement for Benefit of Owners. Appurtenant to each Residential Unit shall be a nonexclusive easement to all General Common Elements, except the Limited Common Elements as provided otherwise herein. All of the Owners of Residential Units shall have a nonexclusive right in common with all of the other Owners to use of sidewalks, pathways, roads and streets located within the entire Prope1ty, if any. This easement is subject to the following rights of the Association: (i) the right to reasonably limit the number of guests (not including lessees or members of the Owner's or lessee's family residing in a Residential Unit) using any facilities on the Pwperty; (ii) the right to establish uniform rules as to the use of any facilities on the Prope1ty, including without limitation the right to establish and enforce parking restrictions; (iii) the right to charge uniform and reasonable admission and any other fees to persons other than Owners, their fanlilies and guests and guests residing with Owners for the use of any limited capacity facilities on the Prope1ty; and (iv) the right to suspend the right of an Owner, his lessees and their families or guests to use any facilities on the Property for any period oftime dming which any assessment against a Residential Unit remains unpaid and delinquent and also for a period of time not exceeding thilty (30) days for any single infraction of the mles of the Association. (c) Each Residential Unit is subject to a blanket easement for suppmt and a blanket easement for the maintenance of the structures or improvements presently situated, or to be built in the future, on the Lots. (d) There is hereby created a blanket easement upon, across, over, in and under the Property for the benefit of the Residential Units and the structures and improvements situated thereon, for ingress and egress, installation, replacing, repairing and maintaining all utilities, including, but not limited to, water, sewer, gas, telephone, cable tv and electricity. Said blanket easement includes future utility se1vices not presently available to the Residential Units which may reasonably be required in the future. By virtue of this easement, it shall be expressly 12 Sages at Aspen Glen Preliminary Application PagelS! permissible for the companies providing utilities to erect and maintain the necessary equipment on any of the Residential Units and to affix and maintain electrical and/or telephone wires, circuits and conduits on, above, across nnd under the roofs and exterior walls of the improvements, all in a manner customary for such companies in the area surrounding the Property subject to approval by the Association as to locations. (e) The Declarnnt tmder the Master Declaration nnd the officers, agents, employees nnd independent contractors of the Master Association shall have a nonexclusive easement to enter upon the Property for the purpose of perf01ming or satisfYing their respective obligations as set forth in the Master Declaration, Master Association bylaws and rules nnd regulations. 7.3 Reservation for Expansion. deleted 7.4 General Maintenance Easement. An easement is hereby reserved to Declarnnt, nnd grunted to the Association, and any member of the Board of Directors or the Manager, and their respective officers, agents, employees, nnd assigns, upon, across, over, in, nnd under the Property and a right to make such use of the Property as may be necessary or appropriate to make emergency repairs, to perform the duties and functions which the Association is obligated or permitted to perform pursuant to the Association Documents, or to exercise its rights under Article 8 below, including the right to enter upon any Lot or Residential Unit for the purpose of performing maintenance, including but not limited to work involving drainage, hTigation and other water features, as set forth in Article 8 below. 7.5 Association as Attorney-in-Fact. Each Owner, by his acceptance of a deed or other conveyance vesting in him an interest in a Residential Unit, does irrevocably constitute and appoint the Association and/or Declarant with full power of substitution as the Owner's name, place and stead to deal with Owner's interest in order to effectuate the rights reserved by Declru·ant or granted to the Association, as applicable, with full power, right and authorization to execute and deliver any instrument affecting the interest of the Owner nnd to take any other action which the Association or Declarant may consider necessary or advisable to give effect to the provision of this Section and this Declru·ation generally. If requested to do so by the Association or Declru'UUt, each Owner shall execute and deliver a written, acknowledged instrument confirming such appointment. 7.6 Emergency Access Easement. A general easement is hereby granted to all police, sheriff, fire protection, runbulance, and other sirnilru· emergency agencies or persons to enter upon the Property in the proper perfmmance of their duties. 7.7 Model Unit Reservation. Declarant resetves for itself and for any Successor Declarant or assign the right to construct and maintain a model home or duplex unit for the purpose of sales effmts upon any Lot in the Project. ARTICLES MAINTENANCE, LANDSCAPING AND SPECIAL EASEMENT 13 Sages at Aspen Glen Preliminary Application Page 182 -------~---·--·------------------------·--·-· ---·-··-_____ . _ _._ ----·------------··------· ·-----------------... _____ .. _____ ._ ________ _ 8.1 Maintenance. In order to maintain a uniform appearance and a high standard of maintenance within The Sages at Aspen Glen, the Association shall maintain: (a) Geneml Common Elements, including but not limited to the exterior of all Residential Units, which shall include and be limited to, painting of the exterior (including decks and porches), and roof repair, unless any of the foregoing are covered by an Owner's insurance. The Association shall have the sole discretion to determine the time and manner in which such maintenance shall be performed as well as the color or type of materials used to maintain the Residential Units. The OM1er shall be responsible for repair or replacement of broken window panes and all other exterior maintenance and repairs. In the event insurance proceeds under Article 9 are payable to an Owner but the maintenance responsibility of the area to which such proceeds relate is the Association's, the Association shall complete any such repair or replacement at the OM1er' s cost; (b) Limited Common Elements, including but not limited to landscaping of the Lot s, including lawns, trees and shrubs. The maintenance provided under this Section shall be petfonned at such time and in such a manner as the Association shall detmmine; (c) Dminage, Irrigation and Other Water Features contained within the Property and General Common Elements; provided, however, that the Association's right to the use of the water and water rights contained in any such drainage, irrigation or other Water Features shall be subject to that cettain License Agreement Regarding Certain Irrigation Water Rights between the Declarant and the Master Association, and provided fiuther that in the event the Declarant or its successors are ever compelled to make use of such water and water rights the Association's obligations to maintain the same shall be abated for the period oftime the Declarant or its successors are so using such water and water rights; and (d) Association's Right to Grant Owner's Maintenance Area. The Association reserves the right to grant the maintenance responsibility of cet1ain areas on each Residential Unit to the Residential Unit Owner, and the Residential Unit Owner is obligated to accept said maintenance responsibility, provided said assignment is done in a uniform and nondiscriminatmy manner. Furthetmore, the Association shall have the right to promulgate reasonable rules and regulations regarding the maintenance by the OM1er. 8.2 Special Easement. The Association and the Board of Directors and their respective representatives are hereby granted a nonexclusive easement to enter the Residential Units and Common Elements as may be necessary or appropriate to perfotm the duties and functions which they may be obligated or permitted to perform pursuant to this Article 8. 8.3 Maintenance Contract. The Association or Board of Directors may employ or contract for the services of an individual or maintenance company to perfmm certain delegated powers, functions, or duties of the Association to maintain the Common Elements. The employed individual or maintenance company shall have the authority to make expenditures upon prior approval and direction of the Board of Directors. The Board of Directors shall not be liable for any omission or improper exercise by the employed individual or management 14 Sages at Aspen Glen Preliminary Application Page 183 company of any duty, power, or function so delegated by written instrument executed by or on behalf of the Board of Directors. 8.4 Maintenance Responsibilities of Owners. Each Owner is responsible for providing all maintenance within their Residential Unit or upon their Lot at their own expense, unless modified by Section 8.1(d). Such responsibility shall include, without limitation, maintenance of the entire buildings on a Lot and the Residential Unit . The Association shall have the right and power to prohibit storage or other activities deemed unsafe, unsightly, unreasonably noisy or otherwise offensive to the senses and perceptible from another Residential Unit. 8.5 Additions, Alterations, and Improvements. Subject to the rese!'Vation of rights of Declarant hereof, no improvement to the Property (other than for maintenance) which results in a Common Expense shall be constructed except with the prior approval of the members of the Association having at least sixty-seven percent (67%) of the total number of votes outstanding and entitled to be cast at a membership meeting as provided in the Bylaws. Dissenting Owners shall not be relieved of their obligation to pay their proportionate share of any Common Expenses. An individual Owner shall do no alterations, additions, or improvements (for his individual benefit or for the benefit of his Residential Unit) to the General Common Elements or the Limited Common Elements without prior written approval of the Board of Directors. No Owner shall decorate or fence any of the Limited Common Elements without the prior written approval of the Board of Directors. Utilities shall not be disturbed or relocated by an Owner without the written consent and approval of the Board. All repairs, alterations or remodels are coupled with the obligation to replace materials removed with similar or better quality materials. An Owner shall do no act nor any work that will or may impair any easement without the written consent of the Board of Directors, after first proving to tl1e satisfaction of the Executive Board that such structmal soundness or integrity will be maintained during and after any such act or work shall be done or performed. Any expense to the Board of Directors for investigation under this paragraph shall be borne by the Owner. However, nothing herein contained shall be cons!tued to permit structural modification, and any decision relating thereto shall be in the absolute discretion of the Board of Directors, including, but not limited to, the engagement of a structural engineer at the Owner's expense for the purpose of obtaining an opinion. The Board of Directors may also require, as a condition of approval, the posting of security for the completion of any approved alterations, and costs attendant thereto with respect to recording and effecting the approval. Further, any augmentation or increase in the landscaping of the landscaped garden areas or Limited Common Elements shall include a plan for the maintenance thereof. Such approved additional landscaping shall be maintained at the sole cost and expense of the Owner whose Limited Common Elements are affected in accordance with the approved plan of maintenance. 8.6 Owner's Failure to Maintain or Repair. In the event that a building upon any Lot or a Residential Unit and the additions, alterations, or improvements thereupon are not properly maintained and repaired, and if the maintenance responsibility for the lffiffiaintained portion of the building or Residential Unit lies with the Owner of that Lot or Residential Unit, or in the event that the improvements on the Lot are damaged or des!t"Oyed by an event of casualty 15 Sages at Aspen Glen Preliminary Application Page 184 and the Owner does not take reasonable measures to diligently pursue the repair and reconstmction of the damaged or destroyed improvements to substantially the same condition in which they existed prior to the damage or destruction, then the Association, after notice to the Owner and with the approval of the Board of Directors, shall have the light to enter upon the Residential Unit to perfmm such work as is reasonably required to restore the building or Residential Unit and the buildings and other improvements thereon to a condition of good order and repair. All costs incurred by the Association in connection with the restoration shall be reimbursed to the Association by the Owner of the Residential Unit upon demand. All unreimbursed costs shall be a lien upon the Residential Unit until reimbursement is made. The lien may be enforced in the same manner as a lien for an unpaid Assessment levied in accordance with Article I 0 of this Declaration. 8.7 Right to Combine Units. Subject to any approvals and permits which may be 1·equired by the Town of Carbondale, an Owner has the right to combine a Residential Unit with the adjoining Unit after obtaining written approval from the Board of Directors and from each fu'St priority Mortgagee of the Residential Units affected. A combination of Residential Units shall become effective only when the Owner of the Units which are to be combined and an officer of the Association execute and record in the office of the Clerk and Recorder of Garfield County, Colorado, a written statement describing such Residential Units and declaring that the same are to be combined. Such combination, however, shall not affect the designation or prevent the separate ownership of the Residential Units in the future. Upon the combination of Residential Units, the undivided interest in Common Elements appmtenant thereto shall be the total of such interest prior to combination, with no change in the undivided interest in the Common Elements appurtenant to the other Residential Units. For such time as the combination remains effective, any part of the building within the new perimeter boundaries of the combined Residential Units which was a General Common Element shall automatically become a Limited Common Element appurtenant to the combined Residential Unit if such part of the building would not have constituted Connnon Elements had the combined Residential Units been oliginally designated on the Plat as a single Residential Unit. The Owners of the Residential Units requesting the relocation of boundaries must submit a signed application to the Board of Directors including the following: (a) evidence sufficient to the Board of Directors that the applicant has complied with all local rules and ordinances and that the proposed relocation of boundaries does not violate the terms of any document evidencing a security interest; (b) the proposed form for amendments to the Declaration, including the plats or maps, as may be necessary to show the change in altered boundaries of the combined Residential Units, and their dimensions and identifying numbers; (c) a deposit against attorney's fees and costs which the Association will incur in reviewing and effectuating the application, in an amount reasonably estimated by the Board of Directors; and (d) Directors. such other information as may be reasonably requested by the Board of 16 Sages at Aspen Glen Preliminary Application Page 185 All costs and attomey's fees incmred by the Association as a result of such an application shall be the sole obligation of the applicant. 8.8 fu the event that any property, whether pe1taining to a Residential Unit (as described in Paragraph 8.6 hereof) or to Common Elements located anywhere within the Sages at Aspen Glen are not properly maintained or are damaged or destroyed by an event of casualty and neither the Owner thereof or the Association takes reasonable measures to diligently pmsue the repair and reconsbuction of the damage or desbuction, then the Master Association, after notice to the Owner, if applicable, and to the Association, shall have the light to enter the affected property and perfonn such work as is reasonably required to restore the property and any improvement thereon to a condition of good order and repair. All costs incurred by the Master Association in connection with the restoration shall be reimbmsed to the Master Association by the Owners of the affected Residential Unit( s ), or by the Association upon demand. All umeimbursed costs shall be a lien upon the affected Residential Unit or Units and the property of the Association until reimbursement is made. This lien may be enforced in the same manner as a lien for an unpaid Assessment levied in accordance with Article 10 of this Declaration. ARTICLE9 INSURANCE AND FIDELITY BONDS 9.1 General Insurance Provisions. The Association shall maintain, to the extent reasonably available, such insurance as the Board of Directors considers appropriate, including insurance on Residential Units that the Association is not obligated to insme to protect the Association or the Owners. 9.2 Cancellation. If the insurance described in Section 9.1 is not reasonably available, or if any policy of such insmance is canceled or not renewed without a replacement policy therefor having been obtained, the Association promptly shall cause notice ofthat fact to be hand delivered or sent prepaid by United States mail to all Owners. 9.3 Policy Provisions. Insurance policies carried pursuant to Section 9.1 must provide that: (a) Each Owner is an insured person tmder the policy with respect to liability arising out of such Owner's membership in the Association; (b) The insurer waives its rights to subrogation under the policy against any Owner or member of his household; (c) No act or omission by any Owner, unless acting within the scope of such Owner's authodty on behalf of the Association, will void the policy or be a condition to recovery under the policy; and 17 Sages at Aspen Glen Preliminary Application Page !86 (d) If, at the time of a loss under the policy, there is other insurance in the name of an Owner covedng the same risk covered by the policy, the Association's policy provides primary insmance. 9.4 Insurance Proceeds. Any loss covered by the property insurance policy described in Section 9.1 must be adjusted with the Association, but the insmance proceeds for that loss shall be payable to any insurance trustee designated for that purpose, or otherwise to the Association, and not to any holder of a security interest. The insurance trustee or the Association shall hold any insurance proceeds in trust for the Owners and Mortgagees as their interests may appear. The proceeds must be disbmsed first for the repair or restoration of the damaged property, and the Association, Owners and Mortgagees are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the damaged property has been completely repaired or restored or the regime created by this Declaration is terminated. 9.5 Association Policies. The Association may adopt and establish written nondiscriminatory policies and procedures relating to the submittal of claims, responsibility for deductibles, and any other matters of claims adjustment. To the extent the Association settles claims for damages to real property, it shall have the authodty to assess negligent Owners causing such loss or benefiting from such repair or restoration all or an equitable portion of the deductible paid by the Association. 9.6 Insurer Obligation. An insurer that has issued an insurance policy for the insurance described in Section 9.1 shall issue cettificates or memoranda of insurance to the Association and, upon request, to any Owner or Mortgagee. Unless otherwise provided by statute, the insurer issuing the policy may not cancel or refuse to renew it until thhty (30) days after notice of the proposed cancellation nonrenewal has been mailed to the Association and to each Owner and Mortgagee to whom a cettificate or memorandum of insmance has been issued at their respective last-known addresses. 9.7 Common Expenses. Premiums for insurance that the Association acquires and other expenses connected with acqui.ting such insurance are Common Expenses. 9.8 Fidelity Insurance. To the extent reasonably available, fidelity bonds must be maintained by the Association to protect against dishonest acts on the part of its officers, dil'ectors, trustees, and employees and on the patt of all others who handle ot' are responsible for handling the funds belonging to or administered by the Association in an amount not less than two (2) months' current Assessments plus reserves as calculated from the cutTen! budget oftbe Association. In addition, if responsibility for handling funds is delegated to a Manager, such bond may be obtained for the Manager and its officers, employees, and agents, as applicable. Any such fidelity coverage shall name the Association as an obligee and such bonds shall contain waivers by the issuers of all defenses based upon the exclusion of persons serving without compensation fotm the definition of"employees," or similar terms or expressions. 9.9 Workers' Compensation Insurance. The Board of Directors shall obtain workers' compensation or similar insurance with respect to its employees, if applicable, in the amounts and forms as may now or hereafter be required by law. 18 Sages at Aspen Glen Preliminary Application Page 187 ----------------· -------~-----· ---------··-. -------------·-···------------~----~------------- ( 9.10 Other Insurance. The Association shall also maintain insurance to the extent reasonably available and in such amounts as the Board of Directors may deem appropriate on behalf ofDirectors against any liability asse1ted against a Director or incuned by him in his capacity of or arising out of his status as a Director. The Board of Directors may obtain insurance against such other tisks of a similar m· dissimilar nature as it shall deem appropriate with respect to the Association's responsibilities and duties. 9.11 Insurance Obtained by Ownei's, Each Owner shall obtain and at all thnes maintain physical damage and liability insurance for such Owner's benefits at such Owner's expense, covering the full replacement value of the Owner's Residential Unit and personal property and personal liability insmance in a limit of not less than Three Hundred Thousand Dollars ($300,000.00) in respect to bodily injury or death to any number of persons arising out of one accident or disaster, or for damage to property, and, if higher limits shall at any thne be customary to protect against tort liability, such higher limits shall be canied. In addition, an Owner may obtain such other and additional insurance coverage on the Residential Unit as such Owner, in the Owner's sole discretion, shall conclude to be desirable; provided, however, that none of such insurance coverage obtained by the Owner shall operate to decrease the amount which the Board of Directors, on behalf of all Owners, may realize under any policy maintained by the Board of Directors or otherwise affect any insurance coverage obtained by the Association or cause the diminution or termination of that insmance coverage. Any insurance obtained by an Owner shall include a provision waiving the particular insurance company's tight of subrogation against the Association and other Owners, including Declarant, should Declarant be the Owner of any Residential Unit. All Owners are required to maintain on file copies of all such current policies with the Association to evidence their obligations hereunder and to facilitate recovery of all appropdate rewards or proceeds by the Association. - ARTICLElO ASSESSMENTS 10.1 Obligation. Each Owner, including Declarant, by accepting a deed for a Residential Unit, is deemed to covenant to pay to the Association (i) the Annual Assessments imposed by the Board of Directors as necessary to meet the common expenses necessary to pe1fonn the functions of the Association, (ii) Special Assessments for capital improvements and other purposes as stated in this Declaration, if pemlitted under the Act, and (iii) Default Assessments which may be assessed against a Residential Unit for the Owner's failure to perform an obligation under the Association Documents or because the Association has incurred an expense on behalf of the Owner under the Association Documents. 10.2 Purpose of Assessments. The Assessments shall be used exclusively to promote the health, safety and welfare of the Owners and occupants of The Sages at Aspen Glen, and for the improvement and maintenance of the Property, the Common Elements, and other areas of Association responsibility refetTed to herein, as more fully set for the in this Article below. 19 Sages at Aspen Glen Preliminary Application Page 188 10.3 Budget. Within thirty (30) days after the adoption of any proposed budget for the Association, the Board of Directors shall mail, by ordinaty first-class mail, or otherwise deliver a summary of the budget to all the Owners and shall set a date for a meeting of the Owners to consider ratification of the budget not less than fourteen (14) nor more than sixty(60) days after mailing or other delive1y of the summary. Unless at that meeting a majority of all Owners reject the budget, the budget is ratified, whether or not a quorum is present. In the event the proposed budged is rejected, the periodic budget last ratified by the Owners must be continued until such time as the Owners ratify a Sllbsequent budget proposed by the Board of Directors. The Board of Directors shall adopt a budget and submit the budget to a vote of the Owners as provided herein no less ft·equeutly than armually. The Board of Directors shall levy and assess the Annual Assessments in accordance with the armual budget. 10.4 Annual Assessments. Annual Assessments made shall be based upon the estimated cash requirements as the Board of Directors shall ft·om time to time detennine to be paid by all of the Owners, subject to Section 10.3 above. Estimated Common Expenses shall include, but shall not be limited to, the cost of routine maintenance and operation of the Property and the Common Elements; expenses of management; insw·ance premiums for insurance coverage as deemed desirable or necessary by the Association; landscaping of the Property; care of groWlds within the Common Elements; routine repairs and renovations within the Common Elements, including wages; common water and utility charges for the Common Elements; legal and accoWlting fees; management fees; expenses and liabilities incurred by the Association under or by reason of this Declaration; payment of any default remaining from a previous assessment period; and the creation of a reasonable contingency or other reserve or surplus fund for general, routine maintenance, repairs, and replacement of improvements within the Common Elements on a periodic basis, as needed. Annual Assessments shall be payable in quarterly installments on a prorated basis in advance and shall be due on the fn'St day of each quarter. The omission or fuilure of the Association to fix the Annual Assessments for any assessment period shall not be deemed a waiver, modification, or release of the Owners from their obligation to pay the same. The Association shall have the right, but not the obligation, to make prorated refunds of any Annual Assessments in excess of the actual expenses incun·ed in any fiscal year. 10.5 Apportionment of Annual Assessments. Each Owner shall be responsible for that Owner's share of the Common Expenses, which shall be divided among the Residential Units on the basis of the Sharing Ratio in effect on the date of assessment, subject to the following provisions: Expenses (including, but not limited to, costs of maintenance, repah·, and replacement) relating to fewer than all of the Residential Units, to the extent not covered by insurance, may, in the sole discretion of the Board of Directors, be assessed only to Owners of the affected Residential Units; provided, however, that assessments for maintenance of the Limited Common Elements shall be shared equally on the basis of the Sharing Ratio. 10.6 Special Assessments. In addition to the Annual Assessments authorized by this Article, the Association, if pennitted under the Act, may levy in any fiscal year one or more Special Assessments, payable over such a period as the Association may determine, for the purpose of defraying, in whole or in patt, the cost of any unexpected repair or replacement of 20 Sages at Aspen Glen Preliminary Application Page 189 ( ---·----·----------------· ---------~- improvements on the Prope1ty or the Common Elements or for such other expense incurred or to be incurred as provided in this Declaration. This Section 10.6 shall not be construed as an independent source of authority of the Association to incur expense, but shall be constmed to prescribe the manner of assessing expenses authorized by other sections of this Declaration. Any amounts assessed pursuant to this Section shall be assessed to Owners in the same proportion as provided for Annual Assessments in Section 10.4, subject to the requirement that any extraordinary insurance costs incurred as a result of the value of a particular Owner's residence or the actions of a pmticular Owner (or his agents, servants, guests, tenauts, or invitees) shall be borne by that Owner, and subject to Section 10.5 above. Notice in writing in the amount of such Special Assessments and the time for payment of the Special Assessments shall be given promptly to the Owners, and no payment shall be dne less than thilty (30) days after such notice shall have been given. Special Assessments are currently restricted under the Act. 10.7 Default Assessments. All monetary fines assessed against an Owner pursuant to the Association Documents, or any expense of the Association which is the obligation of an Owner or which is incun·ed by the Association on behalf of the Owner pursuant to the Association Documents, shall be a Default Assessment and shall become a lien against such Owner's Residential Unit which may be foreclosed or othetwise collected as provided in this Declm·ation. Notice of the amount and due date of such Default Assessment shall be sent to the Owner subject to such Assessment at least thirty (30) days prior to the due date. 10.8 Effect of Nonpayment; Assessment Lien. Any Assessment installment, whether pertaining to any Annual, Special, or Default Assessment, which is not paid on or before its due date shall be delinquent. If an Assessment installment becomes delinquent, the Association, in its sole discretion, may take any or all of the following actions: (a) assess a late charge for each delinquency in such amount as the Association deems appropriate; (b) assess an interest charge from the date of delinquency at the yearly rate of two (2) points above the prime rate charged by the Association's bank, or such other rate as the Board of Directors may establish, not to exceed twenty-one percent (21 %) per annum; (c) suspend the voting rights of the Owner during any period of delinquency; (d) accelerate all remaining Assessment installments so that unpaid Assessments for the remainder of the fiscal year shall be due and payable at once; (e) bring an action at law against any Owner personally obligated to pay the delinquent Assessments; and (f) proceed with foreclosUI'e as set forth in more detail below. Assessments chargeable to any Residential Unit shall constitute a lien on such Residential Unit. The Association may institute foreclosure proceedings against the defaulting Owner's Residential Unit in the manner for foreclosing a mortgage on real prope1ty under the laws of the 21 Sages at Aspen Glen Preliminary Application Page 190 State of Colorado. In the event of any such foreclosure, the Owner shall be liable for the amount of unpaid Assessments, any penalties and interest thereon, the cost and expenses of such proceedings, the cost and expenses for filing the notice of the claim and lien, and all reasonable attorney's fees incuned in connection with the enforcement of the lien. The Association shall have the power to bid on a Residential Unit at foreclosure sale and to acquire and hold, lease, mortgage, and convey the same. 10.9 Personal Obligation. The amount of any Assessment chargeable against any Residential Unit shall be a personal and individual debt of the Owner of same. No Owner may exempt himself from liability for the Assessment by abandomnent of his Residential Unit. Suit to recover a money judgment for unpaid Assessments, any penalties and interest thereon, the costs and expenses of such proceedings, and all reasonable attomey's fees in connection therewith shall be maintainable without foreclosing or waiving the Assessment lien provided in this Declaration. 10.10 Successor's Liability for Assessments; Subordination of Lien. The provisions of the Act shall govern and control (i) the obligations of successors to the fee simple title of a Residential Unit on which Assessments are delinquent, and (ii) the snbordination by the lien of the Assessments provided for in this Declaration 10.11 Payment by Mortgagee. Any Mortgagee holding a lien on a Residential Unit may pay any unpaid Assessment payable with respect to such Residential Unit, together with any and all costs and expense incurred with respect to the lien, and upon such payment that Mortgagee shall have a lien on the Residential Unit for the amounts paid with the same priority as the lien of the Mortgage. 10.12 Statement of Status of Assessment Payment. Upon payment of a reasonable fee set from time to time by the Board of Directors and upon fourteen (14) days' written request to the Manager or the Association's registered agent, any Owner, Mortgagee, prospective Mortgagee, or prospective purchaser of a Residential Unit shall be furnished with a written statement setting fmth the amount of the lmpaid Assessments, if any, with respect to such Residential Unit. Unless such statement shall be issued by personal delivery or hy certified mail, first class postage prepaid, retum receipt requested, to the inquidng party (in which even the date of posting shall be deemed the date of delivery) within fourteen (14) days, the Association shall have no right to asse1t a lien upon the Residential Unit over the inquiring party's interest for unpaid Assessments which were due as of the date of the request. 10.13 Capitalization of the Association. Upon acquisition of record title to a Residential Unit from Declarant or any seller after Declarant, each Owner shall contribute to the working capital and reserves ofthe Association an amount equal to twenty-five percent (25%) of the Annual Assessment determined by the Board of Directors for that Residential Unit for the year in which the Owner acquired title. Such payments shall not be considered advance payments of Annual Assessments. The unused portion of the working capital deposit shall be retumed to each Owner upon the sale of his Residential Unit, provided that the new purchaser of the Residential Unit has deposited the required working capital deposit with the Association. 22 Sages at Aspen Glen Preliminary Application Page 191 i --~-~----------------------------------- ARTICLEll ASSOCIATION AS ATTORNEY-IN-FACT Each Owner hereby hTevocably appoints the Association as the Owner's true and lawful attorney-in-fact for the purposes of dealing with any improvements covered by insurance written in the name of the Association pursuant to Article 9 upon their damage or destruction as provided in Article 12. Acceptance by a grantee of a deed or other instmment of conveyance or any other instrument conveying any portion of the Property shall constitute appointment of the Association as the grantee's attorney-in-fact, and the Association shall have full authmization, right, and power to make, execute, and deliver any conhact, assignment, deed, waiver, or other instmment with respect to the interest of any Owner which may be necessary to exercise the powers granted to the Association as attorney-in-fact. ARTICLE12 DAMAGE OR DESTRUCTION 12.1 Roll of the Board of Directors. In the event of damage or deshuction to any property covered by insurance written in the name of the Association, the Board of Directors shall an-ange for and supervise the prompt repah· and restoration of the damaged property insured by the Association. 12.2 Estimate of Damages or Destruction. As soon as pmcticable after an event causing damage to or desh·uction of any part of the Association-Insured Property, the Board of Directors shall, unless such damage m· destruction shall be minor, obtain an estimate or" estimates that it deems reliable and complete of the costs of repair and reconstruction. "Repair and reconstruction" as used in Article 12 shall mean restoring the damaged or destroyed improvements to substantially the same condition in which they existed prior to the damage or destruction. Such costs may also include professional fees and premiums for such bonds as the Board of Directors or the Insurance Tmstee, if any, determines to be necessru.y. 12.3 Repair and Reconstruction. As soon as practical after the damage occurs and any required estimates have been obtained, the Association shall diligently pursue to completion the repair and reconshuction of the damaged or destroyed Association-Insured Property. As attorney-in-fact for the Owners, the Association may take any and all necessary or appropriate action to effect repair and reconstruction of any damage to the Association-Insured Prope1ty, and no consent or other action by any Owner shall be necessary. Assessments of the Association shall not be abated during the pedod of insurance adjustments and repair and reconshuction. 12.4 Funds for Repair and Reconstruction. The proceeds received by the Association from any hazard insurance cmied by the Association shall be used for the purpose of repair, replacement, and reconstruction of the Association-Insured Property. If the proceeds of the Association's insurance are insufficient to pay the estimated or actual cost of such repair, replacement, or reconstruction, or if upon completion of such wmk the 23 Sages at Aspen Glen Preliminary Application Page 192 _ ... ( --------·-· ---------------------·-·--·--·-·-----·--- insurance proceeds for the payment of such work are insufficient, the Association may, pursuant to Section I 0.6, if permitted under the Act, levy, assess, and collect in advance from the Owners, without the necessity of a special vote of the Owners, a Special Assessment sufficient to provide funds to pay such estimated or actual costs of repair and reconstruction. Further levies may be made in like manner if the amounts collected prove insufficient to complete the repair, replacement, or reconstruction. 12.5 Disbursement of Funds for Repair and Reconstruction. The insurance proceeds held by the Association and the amounts received from the Special Assessments provided for above constitute a fund for the payment of the costs of repair and reconstruction after casualty. It shall be deemed that the first money disbursed in payment for the costs of repair and reconstruction shall be made from insurance proceeds, and the balance from the Special Assessments. If there is a balance remaining after payment of all costs of such repair and reconstruction, such balance shall be distributed to the Owners in propmtion to the contributions each Owner made as Special Assessments, then in equal shares per Residential Unit, first to the Mortgagees and then to the Owners, as their interests appear. ARTICLE13 DESIGN REVIEW No initial improvement or alteration of the exterior of a Residential Unit or other structure located on a Lot, including repainting of the stmcture, shall be made unless first approved in writing by the Board of Directors. The Board of Directors shall exercise its best judgment to the end that all modifications to stmctures and on land within the Property conform to and hrumonize with existing surroundings and stmctures. The Board of Directors has the absolute right to deny any requested changes which the Board of Directors reasonably determines do not conform to and harmonize with existing surroundings and shuctures. The provisions for architectural conh·o] contained in this Declaration shall be in addition to, and not in lieu of, the archltecnu·al conh·ot provisions contained in the Master Declaration. The granting of approval for proposed WOl'k hereunder shall not dispense with the need also to comply with the approval procedmes set fmth in the Master Declaration. All proposed conshuction, modifications, alterations and improvements shall be approved pursuant to this Declaration before being submitted for approval pursuant to the Master Declaration, ARTICLE14 DURATION OF COVENANTS AND AMENDMENT 14.1 Term. The covenants and restrictions of this Declaration shall nm with and bind the land in perpetuity, subject to the te1mination provisions of the Act. 14.2 Amendment by Declarant. Until the first Lot subject to tins Declaration has been conveyed by Declarant by a recorded deed, any of the provisions, covenants, conditions, restrictions and equitable servitudes contained in this Declaration may be amended or terminated 24 Sages at Aspen Glen Preliminary Application Page 193 --· ------~----~------------~---····-------·--···---------------------~-------- by Declarant by the recordation of a written instrument executed by Declarant setting fmth such ( amendment or termination. 14.3 Amendment of Declaration by Members. Except as otherwise provided in this Declaration, any provision, covenant, condition, restriction or equitable servitude contained in this Declaration may be amended or repealed at any time and from time to time upon approval of the amendment or repeal by members of the Association holding at least seventy-five percent (75%) of the votes of members. The approval of any such amendment or repeal shall be evidenced by the certification by the members to the Board of Directors of the Association of the votes of members. The amendment or repeal shall be effective upon recordation of a certificate executed by the president or a vice-president and the secretary or an assistant secretaty of the Association setting f01th the amendment or repeal in full and certifying that the amendment or repeal has been approved by the members. Any amendment to the Declaration made hereunder shall be effective only when recorded. All amendments hereto shall be indexed in the grantee's index in the name of Declarant and the Association and in the grantor's index in the name of each person executing the amendment. ARTICLE15 LIMIT ON TIMESHAIUNG No Owner of any Lot or Residential Unit shall offer or sell any interest in such Residential Unit under a "timesharing" or "interval ownership" plan, or any similar plan without the specific prior written approval of the Association and the Master Association. ARTICLE16 COVENANTS RELATING TO THE MASTER DECLARATION 16.1 Master Declaration Matters. Each Owner, by accepting a deed to a Residential Unit, recognizes that (i) the Propetty is subject to the Master Declaration and (il) by virtue of his ownership, he has become a member of The Homeowners' Association at Aspen Glen, Each Owner, by accepting a deed to a Lot or Residential Unit, acknowledges that he has received a copy of the Master Declaration. The Owner agrees to pe1fmm all of his obligations as a member of the Homeowners Association at Aspen Glen as they may fi·om time to time exist, including, but not limited to, the obligation to pay assessments as required under the Master Declaration and other governing documents of The Homeowners Association at Aspen Glen. 16.2 Enfm·cement of Master Declaration. (a) The Association shall have the power, subject to the primary power of the Board of Directors ofthe Master Association, to enforce the covenants and restrictions contained in the Master Declaration, but only if said covenants and restrictions relate to the Propetty, and to collect assessments on behalf of the Master Association. 25 ---------~ ---- Sages at Aspen Glen Preliminary Application Page 194 ___ , ________ --------- ----~ -~------------------------------·-- (b) This Declaration is intended to supplement the Master Declaration as it applies to the Property. In addition to all of the obligations which are confe!1'ed or imposed upon the Association pursuant to this Declaration, the Bylaws or the Articles of Incorporation, the Association shall be subject to all of the obligations imposed upon it pursuant to the Master Declaration and the Bylaws of the Master Association. The Association and all committees thereof shall also be subject to all superior rights and powers which have been confened upon the Master Association pursuant to the Master Declaration and the Bylaws of the Master Association. The Association shall take no action in derogation of the rights of, or contrary to the interests of, the Master Association. ARTICLE17 GENERAL PROVISIONS 17.1 Restriction on Declarant Powers. Notwithstanding anything to the contrary herein, no rights or powers reserved to Declarant hereunder shall exceed the time limitations or permissible extent of such rights or powers as restricted under the Act. Any provision in this Declaration in conflict with the requirements of the Act shall not be deemed to invalidate such provision as a whole but shall be adjusted as is necessruy to comply with the Act. 17.2 Enforcement. (a) Except as otherwise provided in this Declaration, the Board of Directors, Declarant, or any Owner shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, resetvations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Boru'd of Directors of the Association, Declarant, or by any Owner to enforce any covenant or restriction contained in this Declaration shall in no event be deemed a waiver of the right to do so thereafter. (b) The Master Association shall be entitled to enforce the provisions of this Declaration to the srune extent as the Association or ruty Owner. The failure of the Master Association to enforce any of the limitations, restrictions, conditions or covenants contained herein shall not constitute a waiver of the tight to enforce the srune thereafter. No liability shall be imposed on, or incm1·ed by, the Master Association as a result of such failure. The prevailing party in any action at law or in equity instituted by the Master Association or the Association to enfurce or intetpret said limitations, restrictions, conditions or covenants, shall be entitled to all costs incurred in connection therewith, including without limitation reasonable attorney's fees. 17.3 Special Rights of First Mol'!gagecs. First Mortgagees shall have all rights granted to First Mortgagees under the Master Declaration, specifically Sections 11.6, 11.7, 11.8 and 11.9. 17.4 Sevembllity. Invalidation of any one of these covenants or restrictions by judgment or cotut order shall in no way affect any other provision which shall remain in full force and effect. 26 Sages at Aspen Glen Preliminary Apphcatwn Page 195 ( ------------___ -------,-_________ _ -------------------------------- 17.5 Conflicts Between Documents. (a) In case of conflict between this Declaration and the Articles and the Bylaws of the Association, this Declaration shall control. In case of conflict between the Articles and the Bylaws, the Articles shall control. (b) The covenants, restrictions and provisions of this Declaration shall be cumulative with those of the Master Declaration; provided, however, in the event of conflict between or among the provisions of this Declaration, the Bylaws, Articles oflncmporation or rules and regulations pursuant thereto and the Master Declaration, its bylaws, articles of incOI]loration or tules and regulations, those of the Master Association shall be superior to those of the Association. The foregoing priorities shall not prevent enforcement by the Association of provisions or rules which are stricter than those of the Master Association. DECLARANT: Gerd Zeller By: _________________ _ STATEOFCOLORADO ) )ss. COUNTY OF GARFIELD ) The above and foregoing instrument was aclmowledged before me this __ day of __ , 2009, by Gerd Zeller Witness my hand and seal. My commission expires: ___ _ Notmy Public 27 Sages at Aspen Glen Preliminary Application Page !96 ( Sages -Vegetation Plan ~~----~~~~~~~--~ Sages at As pen Glen Pre li minary Appli cati on Page 197 STATE OF COLORADO Roy Romer, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Perry o. Olson, Director 6060 Broadway REFER TO Denver, Colotado 80216 Telephone: (303) 297-1192 For Wildlife- For People July 20, 1993 Aspen Glen 555 E. Durant Ave., suite 4A Aspen, CO 81611 Dear Ns. Hart: I l~il1 address each of the foll01~ing areas which you h;we requested: vegetative screening, 3/4 ac. building envelopes, 1/4 acre building envelopes, bridge screening concept and migration corridors off 109 Rd. 1. Vegetative screening For Blad Eagle Nest Protection Zone - The plan should be adequate 1~ith the changes you made as outlined in my 6/16/93 letter to you and your 6/21/93 letter to me. If the berm raised to 10' along ~lith the vegetative screening adjustment provides the solid screen 1·1e suggested, then the vegetative screening plan should be adequate. 2. 3/4 Ac. Lot Building Envelopes -As I mentioned in my 6/16/93 letter, the sink holes dictate envelope location. Due to lot size there is not much room for adjustment. LOI~ profile homes in these locations 1·1oUld be best. Placement of homes as far back as possible, especially on the lots just southeast of the bridge may be helpful. If this has been done then envelopes are located adequately. In addition, He recommend no sale or advertisement of lots l~ithin eagle protection zone until protection zone is removed. 3. 1/4 Ac. Building Envelopes Along Roaring Fork River-As stated in #6 of your 6/21/9"3 letter, these envelopes are no1·1 adequately located. 4. Bridge Screening Concept -The screening concept for the bridge is acceptable as long as the ne1~ height of 12' 6" Hill totally block both sides of bridge traffic. I agree 1·1ith #7 of your 6/21/93 letter. If screening is removable, then it should be in place each fall when eagles arrive, generally around Nov. 15. Screening should remain in place until there is nest abandonment. DEPARTM.ENT OF NATURAL RESOURCES, Kenneth Salazar, Executive Director COMMISSION, William R. Hagberg, Member • Eldon W. cooper, Member • Felix Chavez, Member • Rebecca L. Frank, Member F. Swift, Secretary • George VanDenBerg, Qhairman -• Arnold Salazar, Member • Thomas M. Eve. Vice Chairman Sages at Aspen Glen Preliminary Application Page 198 ·'' July 20, 1993 Page THO Aspen Glen 5. Migration Corridors Off 109 Rd. The corridors as outlined may allo~1 some movement. Once development build out is achieved, I do not think they l·lill be of much value as they lead into the main development. They may provide access for deer and elk to the golf course ~1hich could result in damage to fair11ays and greens. What may determine use of these corridors is the amount of activity associated 11ith the homesites 11est of 109 Rd. I 1·/0uld like to thank you for Aspen Glen's cooperation in dealing 11ith our suggestions for the screening plan for the eagles, It is appreciated. ;r;;_~:A- Kevin ~,a;vr District Wildlife l~anager Carbondale K~l/lmp ,j ' i ' •I Sages at Aspen Glen Preliminary Application Page 199 f-I.A'I"fOt'l:l Afi.CHAilOI.OGICJ.\1. CONSUI.'i'ANTI:l P.O. BOX 864 GLENWOOD SPRINGS, CO 81602 September 14, 2010 Mr. EricJ. Gross Whitsitt & Gross, P.C. 320 Main Street, Suite 200 Carbondale, Colorado 81623 CC: Mr. Fred Jarman Garfield County, Building & Planning 108 81h Street, Suite 401 Glenwood Springs, Colorado 81601 (970) 379-2846 RE: letter Report of Findings-Class l Cultural Resources Study for The Sages at Aspen Glen Subdivision Application, Parcel #2395-410-00·405, Garfield County, Colorado Dear Mr. Gross, . .: . .:: .... This letter report of fin.dings·s~rves as documentation for the completion of a Class ·1 Cultdral Resources Study of the proposed The Sages at Aspen Glen Subdivision (Parcei112395·410-00-405) in Garfield.County, Color~do. This report satisfies the requirements ofthe Garfield County Unified land Use Resolution, Article IV Section 4-502E part 8b: A determination of the effect on significant' archaeological, cultural, paleontological, historic resources. The project encompasses portions of the Section 13 and 14, Township 7 South, Range 89 West. Cultural resource files for Sections 13 and 14 were reviewed for this study. The proposed project area is located approximately 5 miles north-northwest of Carbondale, Colorado. Garfield County Road 109 borders the western edge of the proposed subdivision, Hole 3 of the Aspen Glen Golf Course borders the property on the north and east, and Bald Eagle Way borders the property on the south. The file search was conducted on September 14, 2010, by reviewing the Colorado Office of Archaeology and Historic Preservation's COMPASS database. One previously recorded historic linear site has been recorded in Section13, T7S, R89W. This historic linear site is the Colorado Midland Railroad grade (5GF1663), which is plotted in the northeast quadrant of Section 13 on the Cattle Creek, Colorado 1961 (photo revised 1!)87) USGS topographic map. The railroad grade was field evaluated e.ligiple in 1993 bas~d on its significant contribution to the transportation needs of the Roaring For~ Valley In thelate nineteenth century. The Colorado Midland Railroad was incorporated in 1883 and'·' built by John), Hagerman. It was the first standard gauge railroad built over the Continental Divide in Colorado, ~unning from Colorado Springs to leadville and through the divide at Bush Tunnel to Aspen, Glenwobd Springs, and west to Grand Junction. The Colorado Midland ceased operations in 1918 Kae McDonald Principallnvesllgator flatlopsarchaeofogical99@comcasl.net Sages at Aspen Glen Preliminary Application Page 200 (Urquhart 1970:132}, and much of the line was scrapped in the early 1920s. Due to impacts to the railroad grade since the Colorado Midland ceased operations in 1918 and the line was scrapped in the · early 1920s, segments of the railroad grade will need to be individually analyzed for integrity of location, design, materials, workmanship, feeling, and association and their contribution to the overall integrity of the railroad grade as a whole. One previous cultural resource Inventory project has taken place In the study area. This project was the Oak Meadows Wildland-Urban Interface Fuel Reduction Project, completed in 2005 by Kae McDonald, Ph.D., Consulting Archaeologist for the Bureau of land Management-Glenwood Springs Field Office. The Colorado Office of Archaeology and Historic Preservation Survey ID number Is GF.LM.R312; No sites were recorded in Sections 13 and 14, T7S, R89W as a result of this project. In comparing the topographic map with the proposed project map, it appears that the Colorado Midland Railroad Grade (SGF1663) is located well outside the current project area and will not be affected by the project. Therefore, based on the results of this Class I inventory, Flattops Archaeological Consultants recommends a finding of no historic properties affected. However, should other cultural resources be discovered or unearthed during ground-disturbing activities, a qualified archaeologist should be notified. If you have questions or concerns, please do not hesitate to contact me at your convenience. Sincer ~~~ nn Kae McDon~d,LP~ ~ Principal Investigator Urquhart, lena M. REFERENCES CITED 1971 Glenwood Springs: Spa in the Mountains. Frontier Historical Society, Glenwood Springs, Colorado. Sages at Aspen Glen Preliminary Application Page 201 ""' ;; ::oo 8"' s·~ " 00 .:;j!';. ;..;.. '"0 "0 ~ p:o"e,.(l) OQ n·i:j • 34 :Glenwood Po•t . ft.,l\,, ~.><' \ )· ,,. ';. l ~ .. , tt"'W. -s-0 <>., "" .,. :t~i~Giif /UIOLANP l'l!I&W. . . , ____ ,.)-_ }\ ECOCO ~---c;·-~• -~~ .. "~rl ... ' • ----"' • ~IOU MINC .. ~· J.. v~~ : l!W!;.t / ":;""' ouu: • ..::::".J. j Por; • I • ~,. ... ,,,.. ' \ T~ ··\~ ""\. eftti!:K MIH~Il ./ .. ~ : ,..,.,.!~./ -~ T &:J'-.J" r· ~'>~r-~t:!J• ~r.:.~ .. ._{ o<>-' • COAL OASfN ,../' .l., > ,<-./ 1(.~ ·~ "' . Centennial-Pa:=f Section Augu•t23, 198~· · ruww. 61d u u 0 ~'u 0 u R.D~W. l't.D4 W. fi.113W. "'"" ~~~ i· )::;•:• ~ R~~ r ' I ' I ' I i ' X ~;~~911fll B -~MICY: Wl:' ... ntn ~ E GENO -+----MIOI...ANO RAit.R:OAO OEMVE/f ANt> RIO CltANOI!: RAII..ft04() D :!: ~ 4 ~>lllh M® :scalt I11MIIn GRAND RIVER COAL AND COKE COMPANY MINES ANO COKE OVENS • li II li I; .1! F'lf 't'IN -~ ·~..-._,.--OP•N --~,~'" ---·-..... I! ,If _.,_,.,,;z.~~-~:_ "" ... , --tA -~f:f co. li PITIWtc-o ., f; llutlll Rtlll"lllt "" .. "' Lu••to•l .,.~ JOt•••• ., r.w.rr-t•• -·n r: ~ ( ~ ~~ ;%i:=~~::)J\ ~ -~·.tlH .-..'~-'~ co w ~'y"' • 'I .,. \1 l'i~g shows area key to coal mining developments around turn of the century. d111 hlnr.k nn~rl tht!t h~nunht A\e:) t.aW'I•IYof An,..Jon.:..on ~nd K:athy-'r•lko ( ~ ·l ""Cl ~ g-0 ---------------------------------- """" '0 "' _g .... 0: E "' ... ., ~ 0 R 'I i f CAHLE CREEK. COLC N3922.5-WI0715/7.5 · 1961 AMS 4562 IV NE-SERlE~ Y81: m N tn "' 0 "tLf" ?.. ! IMM! bm IIWd! "f ~"'ro:::"''"'"fktfito~m~e:i'te?:';!"·~I:• =10 "'""'"c;:ll ~----• .. ,J .~•.•w n•o• 1 Sages at Aspen Glen Preliminary Application Page 203 ~----·------RO-A~ING FORK W-AT-E~-&-SA~-IT-A_T_IO_N_D_IS_T_R_ICT Mr. Gerd Zeller POBox37 Aspel!, CO 81612 Dear Mr. Zeller: August 24, 2010 Re: 111e Sages at Aspeu Gleu This letter will confirm that the Roaring Fork Water & Sanitation District has the ability to provide, and will provide. domestic water and sewer service to up to 13 units (I 0 lots) which are proposed for The Sages at Aspen Glen. Aspen Glen GolfCompany,lhe developer ofThe Sages at Aspen Glen, has previously conveyed adequate water rights to the District to enable the District to provide water service to the 13 units proposed for The Sages at Aspen Glen. The District's existing well field produces more than enough water to provide water to the 13 units proposed for The Sages at Aspen Glen. Similarly, the District's wastewater treatment facility has existing excess capacity to provide wastewater treat n1ent service to the 13 units proposed fm· The Sages at Aspen Glen. Provision of water and sewer service is conditioned only upon pay1i1ent by the property owner to the District of its standard water and sewer tap fees and water and sewer service fees for such service, Please do not hesitate to contact me if you have any fln1her questions regarding the District's commitment. Sincerely, ROARING FORK WATER & SANITATION DISTRICT POBOX 1002 BILLING: PO BOX 326 GLENWOOD SPRINGS, CO 81602 TEL: (970)945-2144 • fAX (970)963-0987 RFWSD G LENII'OOD SPRINGS, CO 81602 TEL: (970)876-5008 • FAX (970)876-2944 Sages at Aspen Glen Preliminary Application Page 204 LJI.W"!!'ERt.l TmOTHY E, WmTSlTT tul! ilsttl(ilrooringforklou~com 320 MAIN STREET, SUITE 200 CARBONDALE, COLORADO 81623 'fELErHONE: (970) 963-6363 FACS,ULE: (970) 963-6667 ADnrENNE C. ROWDERRY arowbtrl)~ringforAlat~col/1 ERIC J, GROSso:< dg(i'rQQriiiO{orklati\COin 'Afro fldmlfled Ill M~tuaclluulfr CHERYL A, HAsSELDRING Poroltgol thtl)·l@roarlngforAlaw(om Kathy Eastley Garfield County October 12, 2010 Building and Planning Department 108 s•h Street, Sto 401 Glenwood Springs, CO 81601 RE: Tile Sages nt Aspen Glen-Preliminary Plan Subdivision Application Dear Ms. Eastley: This letteris in response to your letter dated August 13, 2010 regarding the issues/information that needs to be resolved plior to the determination ofteclmical completeness for the Sages at Aspen Glen-Preliminary Plan Subdivision Application. Listed below are your concems and our responses. Concern 1: Mr. Zeller must provide a letter of authorization for you to act on his behalf in the l'eview of this application. Response: We have enclosed a l~tter ft·om Mr. Zeller granting this authorization. Concern2: The subdivision application requires that/he proposed m1mber of lots and 1111mber of units is identified on page 2 of the application. Please clarify this section by filling iu both the n11mber of lots and corresponding 1111its,jor exmnple 2 duplex /ots/4 units ... Response: We have included tlus coneotion on page 2 of the resubmitted application. Couce1'n 3: The Laud Use Reso/utio.!' does not contain a definition of "siuglefami/y detached" units-how do this differfrom duplex units. · Response: We deftne a single-family detached unit is one that is single family use but it is a stand alone unit, it is not attached to any other mut. Concern 4: The Preliminary Plan map: a. Does uot require certificates, Sages at Aspen Glen Preliminary Application Page 205 Response: b. Has some inconsistency as the chart lists single family attached for lots 8 and 9 yet one of the notes states that Lots S8 through Sl 0 are duplex lots. As stated above, the County does mit recognize silzglejamily attached units (perhaps and Aspen Glen term?) so It is best to describe consistently as "duplex." c. The calculation contained in the chart for provision of parking spaces is somewhat confusing. Perhaps the chart could state that SF requires x #per 1111lt x # oftmits = ... a. We have conected this issue in the enclosed updated plat maps. b. We have changed thenomenclah1re of single-family attached unit to duplex in the chart. c. We have included a fommla to show the number of parking spaces required on page 2 of the application and in the chart on the map. Concern 5: It is understood that Aspen Glen PUD was aua/yzed during the review and approval of the zoning. Site specific information may or may not have been provided regarding certain issues; l1oweve1; tlie applicant is responsible for demonstratiug compliance with the standards and criteria contained wltltfn the Land Use Resolution. Response: a. Tlte Lcmd Suitability Analysis (LSA) requires a review oftl1e current conditions of the site. Though the submittal addresses each of the criteria oft he LSA, there Is no demonstration/tow the conclusions were reached. Fm· example, tlte submittal collfains a geotecltniml analysis which is the~~reforenced to support the statements that there is 110 geologic hazard associated with the site, The same cannot be said regarding existing vegetation, wildlife, and arclteo/ogy, The LSA discussed eaclt of these components and found //tat it would not be impacted by lite proposed development; ltowel'BI; no supporting documentation fi·om qualified professionals was included. Please provide the following supporting documentation: 1) What Is the existing vegetation on the site? Provide map and inventory. 2) Provide an analysis ofwlwt wild lifo occurs on the site, location ofmlgralion corridors, etc, 3) A records search is required to determine if any archeological sites have been identified in the vicinity. 01~ if I !tis was demonstrated during tlte origirzal review of the PUD, please provide tltat document, a. 1. We enclose a 1\lap of and inventory of the existing vegetation on t)1e site complet~d ~y Sclunuesel', Gordon & Meyer. 2 ..... We. en.c!~se a letter~.~ted July 20, 19~3fro_mthe Division . of Wildlife that addresses the wildlife issues. ' .. Sages at Aspen Glen Preliminary Application Page 206 Concern 6: is that? 3. We enclose a letter dated September 14,2010 from Flattops Archaeologica~ Consultants which addresses the archaeological concems. The visibility analysis appeal'S to include only 4 of the proposed lots. Why Response: We submitted the visibility analysis with only four lots to show the differences between the look of the single-family detached tmits as compared to the duplex units. As these are the only two types of units in the development (and they all look identical to the units shown), we do not think it necessary to show a visual of all tl1e lots. Concem 7: There was not section 11 in the submittal. Why is that? Response: Section II is the preliminary plan engineering report. The engineers submitted the repo1t to 11s as a bound repmt. We, in tum, also submitted the rep01t to yo11 as a separate bmmd re11ort. You should have received three copies of this rep01t with the application. If you did not, please infonn us and we will submit three copies as required. Conceru 8: Demonstrate compliance with School Land Dedication. Response: We will pay the appropdate fee due based on the calculation provided by the school district. Conccm9: Demonsh·ation oft he adequacy of water and wastewater requires a "will smw" letterfi'om the Roaring Fork Water aud &mil at/on District. I did not fiud that letter in tl1e submittal documentation. Response: We enclose a "will serve" letter from the Roaring Fork Water & Sanitation District dated August 24, 2010. We feel we have addressed all of your concems and believe the application should be teclmically complete. Please contact us as soon as possible if you disagree. Thank yon for your attention to this matter, and please feel free to contact me if you disagree. EJG/rlm Enclosures Sincerely, WIDTSITI & GROSS, P.C. Sages at Aspen Glen Preliminary Application Page 207 "' ~!-o r ~,.~ ~~ ~ il oi ijij ~ !• ·~ t ~~ ~ ii !• ~~ &l~ "' <:i~ ~~ ~ . ~~ ~~ ~~ ~ ~ !i ~~ ~ ~ ~ ~i ~~ ~ ~-> I ~ -n ' ~ ~ ~ I " ~ * c l ! ~ ~ ~ 1 ~ ! ! I I '-, ___ / r'--/ I \ _____ ) . ' ' ~ ! • { :\j \\ t \_ -r 4 "I I .e. 1:! ~ ;:: l :w !! f ~~~~~~ ! '>--' <I ~~ • !'ii 11 ! "~ I ' I ,.11! ' ~' ~~ ' i > ·: ~ ! ' '}; i ...::.: f, If· ~~ ~~ ~ !b ,, ~~ ~~ ~t-.3 ~ ~ ~Yo ;;: ! ''! 'II :.;: ~ l,; ~c;':) rl ' ~~ i ' ij J, i:;• ~~ l!! •!· !d 1~, '!' ' I ~~": ·i: ,, .:~·' .~ !~ ' ~ ~~~~ !I• ,,: ·~! ~·. !I• "' ,. I <3 ! ~ \:::. ~ ~ ~~ ~ ~~ ! 11< i!!B ~ ! ~ .!!:~ ~ '•lil ii; i'!' I !>If I !:1 l~l!i 1 I! n. ~ t ~ -, ~ ! ·~i j•. . ' ! " ~ ~ . ~ . ' ! ~ __ §§_-· ~ 8 ' ' :;; ~:~:: -} . ·-· '' £""'' • ~ D?;", <o,,, ',, ~~~ -------~~~ -------' ' I /,/ ' ' // ' ! ' ' ' I • ' I ' ' ' ' I ~ ' ' ' ' ' I ! ' ' ' ! ' ' ' I ' ' ' ~~ ' ' ! '"t:>:i ' ~ ' ' ' ~Y"l '' '' ' ~ I ~£;) ' ~~ ' I ' ' I ' ' I (' I \ ---"- \ ) I I i i I / /0 tl I () / t I I / t;:,~ ~~ :o:t; ~~ '".! I ' •• ' ! ~: i " § ' @ ~ -:;-fi ' ,-' . ' • I , .. ~ ---c ' ;-II ~ ~~c t:1 p·~! '<i 1!1 -~~ !l!i: 8~ il~!l!ll '~~· :jll li ~~ ~~ I~ ~ . ~ ~ I " I "' ' 1 j •J·· l ~ !' i§~ lj! !!' ' I ! II! ' I' I 0 ~ • ' ' /II// ' ' / .,'. I J / I I / f / / I / / I / /' / / ' ' I l . ' I / ' " ' ' { ' ~ i ,· 1 i f f i i ' ~ \ ' 0 . ~ I; a n IE i' ( /,.J ' ) '! _; i ! /i ,···1·' r r f} ,-.f t:_l !; /} jf ;l ; i !:CJ) ~ ~ '' . i 2 ~ z ~ z c ; ' ' ' ' ' ' ' ' ' ' I ' ' I ' ' / / ~ I ? / ; / f ! ' l .1 I Sages at Aspen Glen Preliminary Application Page217 ~i li' ~ . .$ I; ;! , t 0 . ~ " . ~ !! Sages at Aspen Glen Preliminary Application Page 218 I ! ! ' ~ 0 Noli<M: CERTlFICAT£ or D£01CA110N AND OWNERSHIP KNOW All UEN BY THES£ PR£$£NTS lhol Gerd Zeller, whose oddresrt iS Pes/ OffiqJ Box J7. Aspen Coforodo. be#tg so/11 owner in ft1t1 simpltl of olf tho/ real propt~rfy descn1>«1 oo: A irocf of k1nd sltuott! in St!<:tlon 13. Township 7 South, Ronfjt! 89 West of 1116 6th Principal Meridian being more porllcu!orfy described os follows: Beginning of o pcinl on lhtl eosft~rly right of way line of County RO<Jd 109 ond the west ltne of 2nd Amended P/<11 of Golf Course Porcet 9, Aspen Gkn, Filing No. I, County of t;.,rr<eld, Stole of Coforodo whence the Wl/4 Corner of Stlclion 20. Township 7 South, Range 88 Wt~sf of the 6th Pr/ncipol Meridian bears S.5T23'01T o distance of 5194.26 feet; thence along the wt~sl line of said Golf Course Porcel 9 the following six {6} courses: N79'46'().JT o dis/once of 87.38 feet; fheriU! S29'23'0JT o disfonce of 308.37 feet; /Mnce S74'11'.52T o dis/once of 10.61 tuf; thence. S29"23'0JT o diS/once or 440.20 fee~· fhem;e S!53'16'43T o dis/once of 36.29 feet; thence, S14'34'3ST o dis/once of 84.79 feet to /he north dghl of way line of Golden Bear {)rive os shown on fhtl Plot of Aspen Glen, Fih"ng No. 6 os recorded of Reception No . .531004, County of Garfield, stole of Colorodo; /llenc6 along said north right of way h"ne 1116 following six {6) courses: 4.5 . .51 feet olong the ore of o 814 • .50 ft~el radius nr:>n tangent cuf¥6 to the left, having o centro! ongle of 3'12'06" ond subtendi"ng o chord beon"ng S7S'32:J..J'W o distonc11 of 45.50 feet; lht1nce 29.03 feet o!(Jflg the ore of o 1gg.75 fut nxfius curve to /he right, hoving o centro! ongle of 8'19'39" one/ sub/ending o chord beon"ng S78'06'20"w o distance of 29.01 feet,· fhtlnce, S82'16'09"W o dis/once of 45.30 fut; thence 61.73 feel along the ore of o 200.25 feel radius curve to the left, hoving o centro/ angle of 1T39'47" ond subfendlng o chord beon"ng S7.J'26'16W o cl/slonce of 61.49 feel; thence 55.09 feet o/(Jflg the ore of o 8JJ.67 feel radius curve to the left, having o centro! ongle of 3'47'11• one/ sub/endt"ng o chord bearing S62'42'47"w c dis/once of 55.08 feet· thence 38.40 feel along the ore of o 47.50 le~f radius curve to the right. having a c~ntrol ongle of 46'19'17" and sub/ending o chord becn"ng S8J'S8'5o"w o dis/once of 37.36 feet to tm. eosl right of way liM of county rood 109; /hence along sokl ~os/ right of way line the following lour {4} courses: N29'02'45"W o dis/once of 155.98 teet; thence N20"41'20"w o distance or 11.95 teet· thenc~ 545.79 feet olong /he ore of o 163.5.67 feel rodius non tangent CUfVtl to the right, having o centro/ ongle of 1g'07'06• and sub/ending o chord beodng N16'06'S7'W o dis/once of !543.26 feel; thence, N06'3J'24"W o diS/once of 135.34 feel to /he point of beginm"ng. sold tract conloi"nS 184,848 sq.f/. or 4.244 acres more or kss. Hove by these presents loki out, plof/ed, one/ subdivided lh~ some info lots os shown hereon and designate the some os THF gG£S AT ASPEN C/FN in the County of Garfield, stole of Colorado. All streets, n:>Ods and ()pen Space parcels os depicted on /h~ occomponying plot ortl hereby dedico/ed ond set aport to the HomeownBr's Assocfolion of Aspen Glen, Inc. o Colorado not-for-proM corpora/ion, for /he use of the members ond guests /hereof Th~ Public Uli1ifies ond /hose portions of said reo/ proptlr/y which 01"6 lobeied os utility eost~men/s on the accompanying plot os perpetual eos~menls for /he ins/oJ/o/lon and mot"n/enonce of ulililies, irrigo/i(Jfl, ond droinoge focihlies, including but not him1ed to electric fines, gos lines, telephontl lines; loge/her with /he n"ghl to trim lnferfen"ng trees ond brush; with perpetual rlghf of i"n!}I"IJSS ond egMss (or i"nsfollotion ond moi"nlenonce of such lines. Such easements and rights shoJI be utilized ln o reosonoble and pi"Udenl manner. IN WITN£SS WHEREOF sold owner has caused his nome to be hereunto subscribed /hi's __ day of ____ , AD., 2010. Stote of Colorodo ) )" County of----) The foreg01"ng cledicoli<m wos acknowledged before me this__ cloy ol'-. ____ A.O., 20!0, by Cerd Zeller os Owner WITNESS MY llANO AND SCAL NoiO(y-------------------- My comrm"ssfon expires; ----------------------- Aspen Gl6n Alinerols IWihOm Wolter Gentry A~ W.1/iom Cen/ry AH reserved In deed recorded 5/8/50 in Book 250 o/ Page 271. £Heels; Lois 2 and 5, SectiOn 13, township 7 South, Range 88 West of the 6/h Pdnclpol Meridian. EASEU£NT STA7Dri£NT: I. There shall be on eos"menf for utilities, droi"noge, krigolir;n and pedes/nOn access for sidewalks along the front lotli"nes of off lots. 1Mse easements Wi71 be 11.5 feel wide on streets with 27 foot R-0-W width and 15.5 feel wid8 on streets 11'11h 29 foot R-0-W width. 2. Emergency vehiculor access i"s allowed to o/1 intemol roods. 3. All internal roods con be used os uliYity IIOSemen/s. 4. There shofl be for ub1ily. drolnoge, and irrigation purposes o IS fool wide easement, 7.S feel on eoch sklfl of oJ/ side and rear lot li"nes. 5. All in/emol ond entry roods ore subject to o permonenl r;ccess easement for use one/ benefit of the owner of the Aspen Glen Club and the club's members ond employees. Tille Cerfiflcole l on ollomey licensed to procllce low in the Stole of Colorado, or agent authorized by o ii/le insuronce company, do m.reby certify tho/ I ha1111 exom•"ned /he Tille to oil lands _'"_'·~n ;:: !'::; ':~~,.on:,~~~: i!':s t~:cuc;nc~'::~r~~ce~st~;/u:·, odinc,c-cm~,crlc,.=~c.--odu=d•"'•"'-'"==,.-, .. ,od,=en/s, eost~ments. con/rocfs and agreements of record otfecting the reo/ properly i"n /his Plot), except os fo!iows· OAT£0 this ---cloy of _____ ~ A.D., 2010. Tll!e Company Agent Surveyor's Cerllflco/6 for Preh"minory Plot: I. Stephen l. Ehlers, do hereby certify /hoi I om o Professional Land Surveyor licensed under the low of the S/o/6 of Co!orodo, /hot /his preliminary pfol shown hereon wos mode from on occurole survey of sold praper/y by me, or under my supervision ond correctly shows the loco/ion ond dimensions of /he boundary. exisl•"ng easements ond existing conditions to /he best of my knowledge. IN Wf/N£SS WHERFOF I hove set my hand and seat thiS --------------------day of --------------• AO., 2010. Acc<>Mlt>9 to C<>l<>rWo Lo~. J""" must SCHMUESER GORDON """'""'""• OO)' k,gcl <U;(;q, -~~~ vpon cny I 18 W. 6TH STREET, SUITE 200 MEYER del~cl in II>> Sll'>e)' "''''"" IM• ft'M$ after )'OU 1;,-st <lisce>"ff ""'~ de/«1. In 1>0 c .. nl 6 GLENWOOD SPRINGS, COI.ORADO 8 I 60 I moy ""1 kg<>/ Gt:&l> -.d upan cny d<f«l 1970) 945-1004 FAX (970l 945·5948 ;, 1~;, •~Y k umm•nud "'"'.• /!>On t.,. SCHMUESER I GORDON I MEYER AsPEN, CoLoRADO C970l 925·6727 ~!'$ '""" the <~at• of l'e eorlili<otio:> sMwn M-<:NGINEERS I Sl,li'IVEY(IR$ CRESTED BUTTE, CO (970) 349-5355 The Plat Glen Preliminary Sages at Aspen Section Range 89 Garfield 13, Township 7 South, West, 6th Principal Meridian County, Colorado 0 -indico/es monument. F5 rebor ond Red Pfostic Cop-l.S. 15710. Basis of Bearings: Bearings ore relob"vtl to the bearings os shown for the 2nd Amllnrled Plot of (;Qif Course Parcel 2, Aspen Glen, Filing No. 1-Recep/icn No. 664S80, showing o beoring olong the westerly line of said of N29'2JW'w. os shown. -Sull'tly Oole: £xi"sb"ng Conditions Mopping-October 14, 2002. -The Sages of Aspen Glen, is o port of Aspen Glen P./J.O. approved June 29, 1992 by the Boord of County Commlssii>ners of Gorfiekl County. The terms ond conditions opplicoble to (he AsPen Glen P.IJ.O. ore set forth i"n /he rt~solu/ion of the County CommiSsioners recorded on June 29, 1992 os Reception No. 436262 in Book B.JS of Page JOS of /he reccrds of /he Garfield County Clerk and Recorder. -The reo/ properly depicted one/ described on the within fino! Plot, The Sages of Aspen Glen, is subject to o/1 terms and conditions of (;) thtl Moster Declorofion of Cownonfs, Cond!1ions and Reslricli"ons for Aspen Glen recorded i"n the records of the Codield County Clerk ond Recorder on .Apn7 ~ 1995 os Reception No. 476328; ond (UJ the Fif/unth Supplemental Dec/oro/ion to the Moster Oeclorotlon of Cowmonls, Conditions ond Res/ric/ions for Aspen Ckin recorded i"n /he records of Corfield County Clerk ond Recorder on Oecember 21, 200-t, ,., Book 1649 of Page 891. -The Wl1hi"n F,"nc•l Plot consblules o Supplemenlo/ Plot os tho/ term is defl"ned ,;, /he Alosler Oeclorotlon of CoYfinonfs, Conditions and Restric/i(Jfls lor Aspen Clen. By w"rfue of the within Fino/ Pial and /he Fifteenth Supptemenlol Dec/oro/ion to file Moster Dec/orolfon of CoV8non/s, Conditions ond Restrictions for Aspen Clen, /he 1"60/ property depicted ond described on /he within Fino/ Plot is annexed to one/ mode o port of (he Aspe.~ Glen Communlty Area. -Thtl nt bocks shown hsreon reflect the development slondords of /116 Club Villa Resk/enflol ZMe O.Siricl os ou/h"twd In Book 835 of Page .JOS one/ as Amended By Reso!u/ion ____ of the Boord of County Commisslrmers, Recorded on__ _____ os Recep/lon No. ---------· -This StJII'IIY 00£5 NOT represent o /lYle seorch by this surveyor to delermi"ne owne~hip or to discover eosemen/s or oilier encumbrances of record. All #tformolion perfoinlng to ownership, eosemenls and other encumbronr:es of record has been Ioken from Lond Tltle Cuoronfee Company, Owner's Policy LTH/24.1-166. Pedm"ning lo said policy Schedule 8; -lots S8 thtTJUYh SIO ore duplex fots ond moy be further subdil'ided ol o future dole. -Colorado •"s o "Right-to-Form• Stole pursUOt>l to C.R.S. 35-J-101, ef seq. landowners, reskl~nls and vis/tors must be prepared to cccept the oc/ivt1ies, sights, sounds ond smells of Garfield County's ogriculturol operolkms os o normol ond fltiCtlssory aspect of liw"ng i"n o County with strong rural chorocfer ond heol/hy ronchi"ng sector. All must be prepared to encounter noises, odor, lights, mud, dust, smoke. chemical>, mochi"nery on public roods, livestock on public roods, storage one/ diSposal of manure, and the oppllcotion by spraying or otherwise of chemical ferli7izers, s011 omendments, herbi"cicles, ond pesticides-, any one or more of which may naturally occur os o port of legal ond non-negligent ogdcutturo/ opera/ions. -All owners of fond, whether ranch or residence. have obligo/i<ms under Stole low ond County regulofions wilh regard to the moin/enon«~ of lenctls and irrigation ditches. controlling weeds, keeping livestock and pel~ under control, using properly in occordonce with zont"ng, ond other ospecfs of usi"ng ond mointoinlng property. Resiclen/s ond londowners ore encouraged to leom obouf these rights ond responsibililies or.cl oct os good neighbors ond e>1izens of the County. A good i"ntroduc/ory source for such information is 'i4 Cuid8 lo Rurol Uving 4! Small Scale Agrlcu!lure" put out by the Colorado Stole Universi1y extension Officii i"n Gorfield County. -All exl~rior h"g!Jfing wt7! be /he minimum amount necessory ond o/1 exterior lighli"ng wHI be dkecled i"nWord. towards /he interior of the subdiv,Sion, except /hot provisions moy be mode to oJ/ow for solely lighting IMI g08s beyond the properly boundodes if approved expressly by /he Aspen Cten Oesign Review COmmil/e<J. -Cer/q,;, building focoflons may be subject to gt10/ogic and hydraulic hozords. All s/Nc/ui"6S sho/1 requir11 /he t;ubmi1fol of on engi"neering report oddressi"ng SOi1S and geology conditions, foundation design ond droirloge prepared by o registered professional engineer. All stYe development, incfuding building con$/ruclion, shQI1 be conducted In occorrf(JI!Ct: r.#h engineer's stipuloffons. -No open heorlh solid-fuel burm"n9 lireploce-s will be ol!owecl anywhere wifhln Aspen Glen. A/I dwelling units will be o//olred on unrestricted number of no/ural gos bum1"ng fl~eploces or opplionces. All dwell•"ng unl/s wiJ/ be otlo~red no more fhon one new wood burning stove os defined by C.R.S. 25-7-401, ef seq. and the regulo/ions promulgated thereunder. -Only one {I) dog is ollowed for each residenllol unit. -The mineral rights ossocfofecl 11'1"/h this properly halltl been portlo!ly or wholly severtld and ore no/ fully i"nloci or tronsferrecl w•Yh the surface estate therefore oJ/owing the polen/101 for noturo/ resource ex/roc/ion on the properly by the mineral estate owner{s) or lessee{s). -According to ~CMA the subject porcel is Si1uofed in o Zone C {Areo of minimal flooding). See FIRM mop f46S, Community Ponti! numbBr 080205 14658 -Open Space P"rce/s 1 thrv S sho/1 be dedicated to the Home Owners Associot!on of Aspen Glen, sr;id dedicofi(Jfl is to r"nclude the use of thesB oreos os reasonably necessary for /he inslollot/On, mointenr;nce, repair and reptocement of utilities, Including water, sewer, irrigation, electrical, telephone. gas. coblevision, pedestrian /roil, facilities ond inslolfolions for wo/er drainage ond the control of water flow, os well os for any reasonable necessory retaining walls, cut/fill slopes and reloted facilities ond roods. -Together with tiPtl use of /he open space porcels os outlined obove o 20' wide drolnoge. grading, moinlenonce and u/11ify eoSflm~nt is provided olong the nortl>eosterly limi1s of the CR 10g dghl-of-woy to i"nSure /he exi.J/i"ng lop of berm ond proposed top of wo/1 ore mo,"ntolritld lor aesthetics one/ /here Is proper function <>f droinoge features lor CR 109. County Surveyor's Certificate Approved for cconlenl ond form only and not the accuracy of surveys, co/cu/olions or drof/i"ng, pursuant to C.R.S. § 38-51-101 ond 102, e/ seq. IJA.TEO this--·--doy of ______ A.O., 2010. Garfield County Surveyor ~-,.,_, The Sages at Aspen Glen ' kvised Cerlificof~s .k loy~Wf ' Revise Oe!'t!/cpment Area robJe Oevelopmen t Areo Residen1iol Units Size {Acres) Oil Street Plrl<ing ProWIIld Total Areo of Subdivision 4.24 Toto! Areo ol Developed Buildings Noo-Resi<lenUol floor ace Sin le-fomll Oetoche<l) lots 1-7 1.91 4 MIN. 28 Duplex Attoche<l lots 8 10 1.32 4 MIN. "' 24 Totol Density 4 Public/Ouosi-Publk: {4) Open Space Common Area Total 13 J.2J 4.02 Units Acre floor Areas {sq.ft. Open R.O.W. Open Space Size Acres 0.60 0.41 1.01 Boord of County Commissionen' ~irrcote: Perking Provided This Plot. opprovrnl by the Boord of County CommiSSionen iiht;;orf"<ekJ County Co/orodo, t/ll"s -------cloy of ____________ ,.4.0. 2010, for fili"ng oit(1h the Clerk and Recorder of Garfield County ond for conveyonce fa the County of /he publiC dedicolj¢(1S shown hereon; subject to tile provision tho/ approval in no way ob/l"gotes Garfield Coun.Jydor /lie~ fioondng or cons/ruc/i"ng of ~m:,::;:"/oen;; ~';, '8':/:~ "o{blrci,:,;r;"'!t!mC::s%:,~e,:~';,ld ft:{:/:1;:~~0 s~~; ':;!:~V:,X~"f'o~l ~~ :::C!;''t.tigo/e Garfield County for the construction, repolr or moin~non6e of public h1"ghwoys. ( ·~ -,·~ . BOARD OF COUNTY C()AIMISSION£RS ,.\ . OF GARFI£l.D COUNTY, COLORADO A <·. '\~. J ________________ LL_,:_:J:L)::_ __ _ Chairman '··,.A, /'' Wi1nefiS my hone/ and seal of the COJi!ty of Garfield.·-~" )>-{ \."., A/lest: -----------~-~~--c;u7./YCfi;k---'.',~~.,T .. ,, Clerk and f?.t!,f~er'8.~,~{flcote: \: . This plql~' fiti¢. fo~: r:cord in /he d%;'{!6 of the Clerk and Recorder of Gorf"mld County. Colorado, o/ ;;;~~:~::50:~~---=~-. 2010. ;, Boo' _____ "' ~9•---• "'"' .,. ""No 2008-;]61.002 (11/11/11) " Preliminary ()rown by. se /.JSepJ/0 " Plat {)<){(J: 13opn12010 OF Appro~d: ~-s es PP-p 1 1 3 Preliminary Pia t The Sages at Aspen Glen Existing Conditions Garfield County, Colorado " \ \ " "'-\ \'\ \ ""' \ \ '\ \ \ \ \ \ S74"11'52''E c.,2!"!:.':;;,.nt 10.61' /'f-.lf.Jc--~-~, ~<<PiiDn h'o. 6M~9J ..,_7:;..--lg\'\ \\ \\ \\ t09 y ROAD NO- CQI/ Cows• C<>tri1cr Coscm;:~/ flu<ptiM No. 66569) _.,..-• ~· St.UC 51'111/C£ 6 SCHMUESER GORDON MEYER I I 8 W. 6TH STREET, SUITE 200 GLENWOOD SPRINGS, COLORADO 8 I 60 I <9701 945·1 004 FAX (970) 945-5948 The Sa,r;es at Aspen Glen N=-B£R I fl6visfJd La vi SCHMUESER I GORDON I MEYER ENO!NEER5 0. SUIIVO:YORS AsPEN, COL.ORADO (970) 92:5·6727 CRESTED BUTTE, CO {970) 349·5355 &man: llln'By@sgm-ine.QOm Existing Conditions ----------------- ~'­ '"'''""' Ces~n/ ~m~c<t Na. Ms ; ""' " tH/11/10 " r WAf[/1 ~~' GRAPHIC SCALE i r ( IN FEET ) linah~30il Job N<>. {)rQwn by: Preliminary t:Jo/e; Plat Approved.· T 2008-361.002 DCW 2-19-02 Fi/<:S. ·~-Pf>-[u;o>t>d-2.d.< 2 ' I i OF 3 I l ! CcJt Co=• ((Jiri®' {e-n/ J<c.cop6<m No. 66569) (fo l* Vi>co/...,. by Seperol< Oo<;um<nl Pro« to FUJal Plot) ' ' ' ' ' ' ' ' ' ' ' ' ' ' '"''""· '"' '{""lj, '"' '~ \~ \~ ' ' let SQ ().1!6? AC: +/- Preliminary Plat The Sages at Aspen Glen Lots SJ thru SJO Garfield County, Colorado (;elf CO<Jr$e CC<'r;,f<,r [CSM><ol -•pli<M '*'· 6656!/J {fa ~ Vat:ol<d ~)' S.{W'CM O«~mon/ P,!QI Ia '""'' Plol} I';<JII Ca~m~< Cw•i<l<>r Ca~.,_,/ R.ceplklt> }/(). 66~!13 (To &> lt><al...,. "r S#poral• O«~nl Pti<N Ia F""'1/ Pk>l) DrAin6ge Enemenl Open Spsce I 0.0?1 M'. +/-( CclfC<wrso c,.hdD, c.n~t Reupl'<;t> No. 66569J (Fa Be VO<Ool...,. by S#pe<Uie lkx:<>m<nl Pnor /o F"'ol Plot} l,Qt S5 D.2U AC. +/- Open $p8ce 4 0.(N!6 AC. +/- ~-~ -- NUM· "" f/ewSed Preto'm. Plot I ~\ .. \f GRAPHIC SCALE ':' i ',' ( IN FEET ) ' <n~h -~n .. ""'"" ""' " 04/!1/10 " RP I~ I'· ; li \~ \ T \ Lot SJO 0.518 AC. •/- ·-o. ., 1\ Open Space 2 0./fll .!C. +/- \{t·fi I I ""'" wet•' \ __ !5 <•~"'~~~95 I ~ I \ \ \ I I ,&6·9e.' -'o>No l«J8-J51.«J2 Drown by: se Oole: 12opril2010 Approved: OF ~: ' s-PP-' 3 3