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HomeMy WebLinkAbout3.0 Supplemental Application Materials 08.06.2001JOHN A. THULSON EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON LORI J. M. SATTERFIELD DAVID SANDOVAL CHRISTOPHER L. GEIGER ANNE MARIE CALLAHAN BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P. 0. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 VIA HAND DELIVERY TO: Telephone: 970.945.6546 Facsimile: 970.945.9769 August 3, 2001 Mark Bean, Director Garfield County Building and Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Final Plat for Cerise Ranch Subdivision, Phase 2 Dear Mark: RECEIVED AUG 6 2001 OF COUNSEL: KENNETH BALCOMB I enclose herewith for filing along with the applicable final plat application form and filing fee three copies of the following entitled documents and our check in the amount of $200.00 which together constitute the final plat documents for the Cerise Ranch Subdivision, Phase 2: 1. Final Plat and construction documents (the construction documents are incorporated by reference the Subdivision Improvements Agreement); and 2. Supplemental Declaration of Covenants, Conditions, Restrictions and Easement for the Cerise Ranch Subdivision, Phase 2 - this document merely subjects the Phase 2 property to the terms, conditions and provisions contained within the original Master Declaration filed in coincidence with Phase 1; and 3. Subdivision Improvements Agreement. Consistent with the Phase 1 platting Cerise Ranch would also like to take advantage of the vested property rights regulation under this Filing; accordingly, in scheduling this matter before the Board of County Commissioners we will need the time to complete the requisite public notices. When you have had the opportunity to review these documents I would appreciate the opportunity to meet with you to discuss any concerns or issues you may have regarding the same - which I believe will be a more economical method of concluding this matter. BALCOMB & GREEN, P.C. ATTORNEYS AT LAW Mark Bean, Director August 3, 2001 Page 2 I have by copy of this letter provided a copy of the above named documents to Jim Leuthauser. Very truly yours, BALCOMB & GREEN, P.0 By TAT/bc Encls. xc: Jim Leuthauser, Esq. (w/encls.) imothy A. Thulson g PAY BALCOMB & GREEN, P.C. P. O. DRAWER 790 PH. 970-945-6546 GLENWOOD SPRINGS, CO 81602 Alpine Bank 2200 Grand Ave. • p.0. Box 10000 11.®Glenwood Springs, CO 81601 (970) 945-2424 • Alpine Info -Line (970) 945-4433 38622 82-340/1021 CHECK NO. DATE AMOUNT Two hundred dollars and no/100****************38622*****08/03/01****$200.00*** TO THE ORDER OF r Garfield County Department of Building and Planning Final Plat Filing Fee II■000 386220 is L021034071: LO L00 2 7 9 BALCOMB & GREEN, P.C. '©SClu rily lee�u res omens o'e mix. NP Z cunt 11.40H 1-KUM: buucaNUHNcaHHCO 9703843470 Sketch Plan Preliminary Plan Final Plat x TO:9P9459759 P:3'3 SUBDIVISION APPLICATION FORM SUBDIVISION NAME: Cerise Ranch Subdivision, Phase 2 OWNER: Cerise Ranch, LLC ENGINEER/PLANNER/SURVEYOR: High Country Engineering, Inc. LOCATION: Section 33 Township 7S WATER SOURCE: Basalt Water Conservancy District Range 87W SEWAGE DISPOSAL METIIOD: PUBLIC ACCESS VIA: ' Individual Sewage Treatment System Highway 82 EXISTING ZONING: A/R/RD EASEMENTS: Utility Ditch Domestic Water (HOA) Harris & Reed TOTAL DEVELOPMENT AREA: (1) Residential Single Famiy Duplex ADU Multi -family Mobile Home Number Acres 41 11 (2) Commercial Floor Area Total: Acr9. es915+ (3) Industrial sq.ft. sq. ft. (4) Public/Quasi-Public (5) Open Space/Common Area 6.479+ TOTAL: 183.35+ PARKING SPACES: Residential 164 Commercial Revised August 2, 2001 Upon recording return to: Garfield County Dept. of Build and Planning Cerise Ranch, LLC c/o Jeff Laurien c/o Tim Thulson 109 8th Street P.O. Drawer 790 Glenwood Springs, CO 81601 Glenwood Springs, CO 81602 SUBDIVISION IMPROVEMENTS AGREEMENT Cerise Ranch Subdivision Phase 2 THIS AGREEMENT is made and entered into this day of , 2001 by and between the CERISE RANCH, LLC., a Colorado limited liability company (hereinafter "Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO, (hereinafter "County"). WITNESSETH: WHEREAS, Owner is the owner and developer of certain real property located within Garfield County, Colorado, known as the Cerise Ranch Subdivision and more particularly described on Exhibit A, attached hereto and incorporated herein by this reference. WHEREAS, approval for the preliminary plan for the Cerise Ranch Subdivision, Phase 2 was obtained under the terms and conditions set forth in County Resolution No. 2000-73 a copy of which has been recorded in the records of the Clerk and Recorder for Garfield County, Colorado on September 8, 2000 in Book 1200, at Page 248 and Reception No. 569106; and WHEREAS, the Preliminary Plan approval contemplated development of the Cerise Ranch Subdivision in phases; and WHEREAS, Owner has submitted to the County for its approval the Final Plat for Phase 2 of the Cerise Ranch Subdivision (hereinafter "Final Plat") which constitutes a portion of the property lying within the Cerise Ranch Subdivision, more particularly described in said Final Plat and set forth in Exhibit B attached hereto and incorporated by reference ("Subdivision"); and Subdivision Improvements Agreement Cerise Ranch Subdivision, Phase 2 Page 1 of 14 E:IWP Docs\TIMICerise RanchlPhase II HOAISubdivision Improve. Agree.wpd Revised August 2, 2001 WHEREAS, as a condition of approval of the Final Plat and as required by the laws of the State of Colorado, the Owner wishes to enter into this Subdivision Improvements Agreement with the County; and WHEREAS, Owner has agreed to execute and deliver a letter of credit to the County to secure and guarantee its performance of this agreement, and has agreed to certain restrictions and conditions regarding the issuance of building permits, certificates of occupancy and sale of properties, all as more fully set forth hereinbelow. NOW, THEREFORE, for and in consideration of the premises and the following mutual covenants and agreements, the parties hereby agree as follows: 1. FINAL PLAT APPROVAL. The County hereby accepts and approves the Final Plat, subject to the terms and conditions of this agreement, the Preliminary Plan approval, and the requirements of the Garfield County Zoning and Subdivision Regulations. 2. OWNERS PERFORMANCE. Owner has constructed and installed or shall cause to be constructed and installed, at its own expense, those improvements related to the Final Plat which are required to be constructed by County Resolution No. 2000-73, this Agreement, the Final Plat, and all Garfield County Zoning and Subdivision Regulations. These improvements shall be completed on or before September, 2002. Additionally, the Owner shall comply with the following: A. All plat documents, if any, submitted prior to or at the time of the final plat approval, including the terms of the certification for improvements completed prior to the date hereof, which plat documents are incorporated herein by reference, and made a part of this agreement; B. All requirements of County Resolution No. 2000-73, including all requirements of the Garfield County Zoning Code and Garfield County Subdivision Regulations, as they relate to Phase 2 of the Cerise Ranch Subdivision; C. All laws, regulations, orders and resolutions of the County of Garfield, State of Colorado, and affected special districts; D. All designs, maps, specifications, sketches, and other materials submitted to and approved by any of the above -stated governmental entities; and Subdivision Improvements Agreement Cerise Ranch Subdivision, Phase 2 Page 2of14 E:IWP DocsITIMICerise RanchlPhase II HOAISubdivision Improve. Agree.wpd Revised August 2, 2001 E. The improvements to be constructed by the Owner shall include, but are not limited to the following: (1) Internal roads, drainage features and utility structures, as more particularly described in the plans submitted as part of the Final Plat and identified as: Cerise Ranch Grading and Drainage Plan (H.C.E. Sheet Nos. 8 and 9); Cerise Ranch Plan and Profile - Larkspur Drive, STA 1+00 to 16+00 (H.C.E. Sheet No. 14); Cerise Ranch Plan and Profile - Larkspur Drive, STA 16+00 to 31 +00 to END and Larkspur Drive E (H.C.E. Sheet No. 16); Cerise Ranch Plan and Profile - East Round -A -Bout and Bluestem Court, STA 1+00 to 10+00 (H.C.E. Sheet No. 17); Cerise Ranch Plan and Profile - Bluestem Court, STA 10+00 to END (H.C.E. Sheet No. 18) and Cerise Ranch Miscellaneous Details (H.C.E. Sheet No. 25). (2) Water supply, distribution system and utilities as more particularly described in the plans submitted as part of the Final Plat and identified as: Cerise Ranch Master Utility Plan (H.C.E. Sheet Nos. 19 and 20) and Cerise Ranch Water and Miscellaneous Detail Sheet (H.C.E. Sheet No. 24). The County agrees that if all improvements are installed in accordance with this agreement, Final Plat documents, and the as -built drawings to be submitted upon completion of the improvements, the requirements of the Garfield County Zoning Code, all other requirements of this agreement and the requirements of the Preliminary Plan, then the Owner shall be deemed to have satisfied all terms and conditions of the Zoning and Subdivision Regulations of Garfield County, Colorado. 3. 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, the Owner shall deliver an irrevocable Letter of Credit in a form acceptable to the County or such other form of security as may be deemed acceptable to the County in the amount of $458,751.43, which is the estimated cost for completion of the subdivision improvements related to Phase 2 of the Cerise Ranch Subdivision as set forth and certified by a licensed engineer on Exhibit C attached hereto, Subdivision Improvements Agreement Cerise Ranch Subdivision, Phase 2 Page 3 of 14 E:IWP DocsITIMICerise RanchlPhase II HOAISubdivision Improve. Agree.wpd Revised August 2, 2001 minus the cost of improvements, if any, already completed as of the date of the filing of the Final Plat as are certified on Exhibit D hereto. The Letter of Credit required by this Agreement shall be issued by a state or national banking institution acceptable to the County. If the institution issuing the Letter of Credit is not licensed in the State of Colorado and transacting business in the State of Colorado, the Letter of Credit shall be "confirmed" within the meaning of C.R.S. 4-5-106(2) by a bank that is licensed to do business in the State of Colorado, is doing business in the State of Colorado, and is acceptable to the County. With the exception of that portion of the Letter of Credit to be retained for revegetation of landscaping improvements in accordance with paragraph 3(c) herein below, 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 through the execution of 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 the bankruptcy of the owner or the financial institution issuing or confirming the Letter of Credit, prior to acceptance of the improvements, this Agreement, unless pursuant to Paragraph 3.D. hereinbelow, the Owner replaces the same with security acceptable to the County, shall become void and of no force and effect, and the Final Plat shall be vacated pursuant to the terms of this Agreement; B. Partial Releases of Letter of Credit. The County shall release portions of the Letter of Credit as portions of the subdivision improvements are completed to the satisfaction of the County. Certification of completion of improvements adequate to authorize release of security must be submitted by a licensed or registered engineer. Such certification authorizing release of security shall certify that the improvements have been constructed in accordance with the requirements of this Agreement, including all Final Plat plans, and shall be stamped upon as -built drawings by said professional engineer where applicable. Owner may also request release for a portion of the security upon proof (i) that Owner has a valid contract with a public utility company regulated by the Colorado PUC that obligates such utility company to install certain utility lines and (ii) that Owner has paid to such utility company the cost of installation of such utilities required to be paid by Owner under such contract. Upon submission of a certification of completion of improvements by the Owner, the County may inspect and review the improvements certified as complete to determine whether or not said improvements have been constructed in compliance with the relevant specifications. If the County determines that all or a portion of the improvements certified as complete are not in compliance with the relevant specifications, Subdivision Improvements Agreement Cerise Ranch Subdivision, Phase 2 Page 4 of 14 E:IWP DocsITIMICerise RanchlPhase II HOAISubdivision Improve. Agree.wpd Revised August 2, 2001 the County shall furnish a letter of potential deficiencies to the Owner within fifteen (15) days specifying which improvements are potentially deficient. If no letter of potential deficiency is furnished within said fifteen (15) day period, all improvements certified as complete shall be deemed accepted and the County shall release the appropriate amount of security as it relates to the improvements which were certified as complete. If a letter of potential deficiencies is issued which identifies a portion of the certified improvements as potentially deficient, then all improvements not so identified in the letter of potential deficiencies shall be deemed accepted and the County shall release the appropriate amount of security as such relates to the certified improvements that are not identified as potentially deficient in the letter. With respect to any improvements certified as complete by the Owner that are identified as potentially deficient in a letter of potential deficiencies as provided in this paragraph, the County shall have thirty (30) days from the date of the letter of potential deficiencies to complete its investigation and provide written confirmation of the deficiency to the Owner. If upon further investigation the County finds that the improvements are acceptable, then appropriate security shall be released to the Owner within ten (10) days after completion of such investigation. In the event the improvements are not accepted by the County, the Board of Commissioners shall make a written finding prior to requesting payment from the Letter of Credit. Additionally, the County shall provide the Owner a reasonable period of time to cure any deficiency prior to requesting payment from the Letter of Credit. C. Security for Revegetation. The cost of landscaping improvements has been set forth on Exhibit C, including an amount sufficient to provide for full revegetation of the landscaping required by the Preliminary Plan. The Letter of Credit required hereby must provide security for all costs of landscaping. The Certificate of Completion for landscaping improvements shall set forth the costs of revegetation and such amount shall be retained as security for a period not to exceed one (1) year after such completion. At the conclusion of that one (1) year period the amount of security retained for landscaping shall be released by the County upon receipt and acceptance of a certified letter from a landscape professional that such landscaping is complete and is no longer in need of revegetation and that the revegetation is established. D. Substitution of Letter of Credit. The County may, at its sole option, permit the Owner to substitute collateral other than a Letter of Credit acceptable to the County for the purpose of securing the completion of the improvements as hereinabove provided. Subdivision Improvements Agreement Cerise Ranch Subdivision, Phase 2 Page 5 of 14 E:\WP DocsITIMICerise Ranch\Phase 11 HOAISubdivision Improve. Agree.wpd Revised August 2, 2001 E. Recording of Final Plat. No Final Plat shall be recorded pursuant to this Agreement until the Letter of Credit described in this Agreement has been received and approved by the County. 4. ROADS. All roads within the Final Plat shall be dedicated to the public as public rights-of-way. The homeowners association shall be solely responsible for the maintenance, repair and upkeep of those roads. The County shall not be obligated to maintain any roads within the subdivision. 5. INDEMNITY. To the extent allowed by law, the Owner agrees to indemnify and hold the County harmless and defend the County from all claims which may arise as a result of the Owner's installation of the improvements required pursuant to this agreement. However, the Owner does not indemnify the County for claims made asserting that the standards imposed by the County are improper or the cause of the injury asserted. The County shall be required to notify the Owner of receipt of a notice of claim, or a notice of intent to sue and shall afford the Owner the option of defending any such claim or action. Failure to notify and provide such written option to the Owner shall extinguish the County's rights under this paragraph. Nothing herein stated shall be interpreted to require the Owner to indemnify the County from claims which may arise from the negligent acts or omissions of the County or its employees. 6. SCHOOL IMPACT FEES. The parties recognize and agree that the approval of the Final Plat constitutes approval of 41 single family lots and 11 accessory dwelling units for a corresponding total of 52 dwelling units. The parties agree that school impact fees shall be $320.54 per dwelling unit or such other amount as may be established by the County at the time of approval of the Final Plat. The Owner specifically agrees that it is obligated to pay the same at the time of recordation of the Final Plat, herein accepts that. obligation, and waives any claim that it is not so obligated or required to pay school impact fees. The Owner agrees that subsequent to recording of the Final Plat, the Owner will not claim, nor is the Owner entitled to, a reimbursement of the school impact fees paid in conjunction with this Subdivision Improvements Agreement. 8. FIRE DISTRICT FEES. The parties recognize and agree that the approval of the Final Plat constitutes approval of 41 single family lots and 11 accessory dwelling units for a corresponding total of 52 dwelling units. The parties agree that impact fees for the Carbondale & Rural Fire Protection District shall be $417.00 per dwelling unit or such other amount as may be established by the County at the time of approval of the Final Plat. The Subdivision Improvements Agreement Cerise Ranch Subdivision, Phase 2 Page 6 of 14 E:IWP DocsITIMICerise RanchlPhase II HOA1 Subdivision Iinprove. Agree.wpd Revised August 2, 2001 Owner specifically agrees that it is obligated to pay the same at the time of recordation of the Final Plat, herein accepts that obligation, and waives any claim that it is not so obligated or required to pay the Fire District Fees. The Owner agrees that subsequent to recording of the Final Plat, the Owner will not claim, nor is the Owner entitled to, a reimbursement of the Fire District Fees paid in conjunction with this Subdivision Improvements Agreement. 9. CONSULTING ENGINEERING. Owner shall reimburse to the County all professional fees and costs incurred by the County instant to the review and monitoring by an independent geotechnical engineer of all geotechnical mitigation measures required under Owner's Preliminary Plan approval above referenced. 10. SALE OF LOTS. No lots within the Subdivision shall be conveyed prior to recording of the Final Plat. 11. ISSUANCE OF BUILDING PERMITS. As one remedy for breach of this agreement, the County may withhold issuance of building permits for any structure within the Subdivision. The parties also agree that no building permit shall be issued until the Owner demonstrates to the satisfaction of the Fire District that adequate water is available for the Fire District's purposes at the site of construction. Further, the parties agree that no certificate of occupancy shall be issued for any building or structure within the Subdivision until all subdivision improvements and the water distribution systems have been completed and are operational, as required by this agreement. Finally, the Owner herein agrees that prior to the conveyance of any lot within this Subdivision, it will provide to the purchaser of that lot a signed copy of Exhibit E attached hereto, notifying the owner of the foregoing restrictions upon issuance of building permits and certificates of occupancy. 12. ENFORCEMENT. In addition to any rights which may be provided by Colorado statute, it is mutually agreed that the County or any purchaser of a lot within the Subdivision shall have the authority to bring an action in the District Court of Garfield County, Colorado, to compel enforcement of this agreement. 13. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this agreement, including the terms of the Preliminary Plan, the County shall have the ability to vacate the Final Plat as it pertains to lots for which no building permits have been issued. Any existing lots for which building permits have been issued, shall not be vacated and the plat as to those lots shall remain valid. The Owner shall provide a Subdivision Improvements Agreement Cerise Ranch Subdivision, Phase 2 Page 7of 14 E:IWP DocsITIMICerise RanchlPhase 1I HOAISubdivision Improve. Agree.wpd Revised August 2, 2001 survey and complete legal description with a map showing the location of a portion of the plat so vacated. 14. BINDING EFFECT. This agreement shall be a covenant running with the title to each lot within the Final Plat, and the rights and obligations as contained herein shall be binding upon and inure to the benefit of the Owner, its successors and assigns. 15. RECORDING. Upon execution and authorization by the County, the Owner shall record this agreement with the Office of the Clerk & Recorder for Garfield County, Colorado. 16. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this agreement shall lie in the District Court for Garfield County, Colorado, and be construed pursuant to the laws of the State of Colorado. 17. AMENDMENT. The parties hereto mutually agree that this agreement may be amended from time to time, provided such amendment is in writing and signed by the parties hereto. 18. NOTICE. All notices required herein shall be tendered by personal service or certified mail upon the following individuals or agents of the parties to this agreement: Board of County Commissioners of Garfield County c/o Mark Bean, Planning Director 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Cerise Ranch, LLC, a Colorado Limited Liability Company c/o Art Kleinstein 150 S. Dahlia Denver, CO 80246 Subdivision Improvements Agreement Cerise Ranch Subdivision, Phase 2 Page 8 of 14 E:IWP DOCS\TIMICerise RanchlPhase II HOA\Subdivision Improve. Agree.wpd Revised August 2, 2001 With copy to: Timothy A. Thulson Balcomb & Green, P.C. P.O. Drawer 790 Glenwood Springs, CO 81602 ENTERED INTO the day and year first above written. CERISE RANCH, LLC a Colorado Limited Liability Company By Art Kleinstein, Manager BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By Chairman ATTEST: Clerk to the Board Subdivision Improvements Agreement Cerise Ranch Subdivision, Phase 2 Page 9 of 14 E:IWP Docs\TIMICerise RanchlPhase 11 HOA\Subdivision Improve. Agree.wpd Revised August 2, 2001 Exhibit A (Legal Description of the Cerise Ranch Subdivision) Subdivision Improvements Agreement Cerise Ranch Subdivision, Phase 2 Page 10 of 14 E:1WP Docs1TIMICerise Ranch\Phase 11 HOA\Subdivision Improve. Agree.wpd `��Ol/NTiP —NG/NEEP/NG CERISE RANCH PROPERTY DESCRIPTION A PARCEL OF LAND SITUATED IN THE SW1/4SE1/4 SECTION 29, LOTS 2, 7, 8, 20, AND 21 SECTION 32, AND THE SW1/4NWI/4NE1/4 AND LOTS 1, 3, 14, 15, SECTION 33, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTIES OF GARFIELD AND EAGLE, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 33, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE, THE POINT OF BEGINNING; THENCE S 89°14'52" E ALONG THE NORTHERLY LINE OF SAID SECTION 33 A DISTANCE OF 2743.09 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 33, A REBAR AND CAP ILLEGIBLE FOUND IN PLACE AND REPLACED WITH A 3-1/4" ALUMINUM CAP L.S. #19598; THENCE LEAVING SAID NORTHERLY LINE S 01°41'36" W ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 33 A DISTANCE OF 664.14 FEET TO THE N -N- C 1/64TH CORNER OF SAID SECTION 33, A REBAR AND CAP L.S. #26626 IN PLACE; THENCE S 89°20'01" E, ALONG THE NORTHERLY LINE OF SAID SW1/4NW1/4NE1/4 A DISTANCE OF 688.32 FEET TO THE NW -NE 1/64TH CORNER OF SAID SECTION 33, A REBAR AND CAP L.S. #14111 IN PLACE; THENCE LEAVING SAID NORTHERLY LINE S 01°43'07" W ALONG THE EASTERLY LINE OF SAID SWI/4NW1/4NE1/4 A DISTANCE OF 663.71 FEET TO THE C -W -NE 1/64TH CORNER OF SAID SECTION 33 A REBAR AND CAP L.S. #14111 IN PLACE; THENCE N 89°17'29" W ALONG THE SOUTHERLY LINE OF SAID SW1/4NW 1/4NE1/4 A DISTANCE OF 688.02 FEET TO THE N -C 1 /16TH CORNER OF SAID SECTION 33, A REBAR AND CAP L.S. #14111 IN PLACE AND REPLACED WITH A 3-1/4" ALUMINUM CAP L.S. #19598;THENCE N 89°17'29" \'V ALONG THE NORTHERLY LINE OF LOT 4 OF SAID SECTION 33 A DISTANCE OF 752.39 FEET TO THE NORTHWEST CORNER OF SAID LOT 4, A 3-1/4" ALUMINUM CAP L.S. #19598 SET IN PLACE; THENCE S 02°29'54" W 1146.11 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY NO. 82; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2964.79 FEET AND A CENTRAL ANGLE OF 07°12'40", A DISTANCE OF 373.14 FEET, (CHORD BEARS N 75°48'46 W 372.89 FEET) TO A 3-1/4" ALUMINUM CAP L.S. #20677 IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N 80°48'38" W 213.65 FEET TO A 3- 1/4" ALUMINUM CAP L.S. #20677 IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N 81°30'58" W 1391.80 FEET TO A 3-1/4" ALUMINUM CAP L.S. #20677 IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N 81°30'58" W 1023.48 FEET TO A 3-1/4" ALUMINUM CAP L.S. #20677 IN PLACE; 923 Cooper Avenue Glenwood Springs, CO 81601 phone 970 945-8676. fax 970 945-2555 14 Inverness Drive East, Ste B-144 Englewood, CO 80112 phone 303 925-0544 • fax 303 925-0547 THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 11359.16, AND A CENTRAL ANGLE OF 02°35'06", A DISTANCE OF 512.48 FEET (CHORD BEARS N 80°13'28" W 512.44 FEET) TO A 3-1/4" ALUMINUM CAP L.S. #20677 IN PLACE; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N 79°35'18" W 872.26 FEET TO A 3-1/4" ALUMINUM CAP L.S. #20677 IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S 79°16'02" W 53.85 FEET, A 3-1/4" ALUMINUM CAP L.S. #20677 IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N 78°55'58" W 228.74 FEET TO A POINT ON THE NORTH -SOUTH CENTERLINE OF SAID SECTION 32, A REBAR AND CAP L.S. #26626 IN PLACE; THENCE LEAVING SAID NORTHERLY RIGHT- OF-WAY N 01°41'14" E ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 32 A DISTANCE OF 1786.40 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 32, A STONE IN PLACE; THENCE N 03°2523" E ALONG THE NORTH -SOUTH CENTERLINE OF SECTION 29 A DISTANCE OF 1363.93 FEET TO THE S -C l/16TH CORNER OF SAID SECTION 29, A REBAR AND CAP L.S. #11204 FOUND IN PLACE AND REPLACED WITH A 3-1/4" ALUMINUM CAP L.S. #19598; THENCE S 89°26'18" E ALONG THE NORTHERLY LINE OF THE SWI/4SE1/4 OF SAID SECTION 29 A DISTANCE OF 135534 FEET TO THE SOUTH 1/16TH CORNER OF SECTION 29 AND SECTION 28 A 3-1/4" CAP L.S. #19598 SET IN PLACE (WHENCE A REBAR AND CAP L.S. #11204 BEARS N 26°16'56" E 2.05 FEET); THENCE S 04°43'14" W ALONG THE EASTERLY LINE OF SAID SW1/4SE1/4 A DISTANCE OF 1376.63 FEET TO THE EAST 1/16TH CORNER OF SAID SECTION 29 AND SECTION 32, A 3-1/4" ALUMINUM CAP L.S. #26626 IN PLACE; THENCE S 88°58'20" E ALONG THE NORTHERLY LINE OF SAID SECTION 32 A DISTANCE OF 1324.03 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 300.978 ACRES, MORE OR LESS. K \WR99‘0Sa\99074°ES.doe Revised August 2, 2001 Exhibit B (Legal Description of Cerise Ranch Subdivision, Phase 2) Subdivision Improvements Agreement Cerise Ranch Subdivision, Phase 2 Page 11 of 14 E:IWP DocsITIMICerise RanchlPhase II HOAISubdivision Improve. Agree.wpd �/Gh' ��OUNTi;� igallL"'-NG/NEE-A VG CERISE RANCH, PHASE II PROPERTY DESCRIPTION A PARCEL OF LAND SITUATED IN THE SW1/4SE1/4 SECTION 29, LOTS 2, 7, 8, 20, AND 21 SECTION 32, AND THE SW1/4NW1/4NE1/4 AND LOTS 1, 3, 14, 15, SECTION 33, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTIES OF GARFIELD AND EAGLE, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 33, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE, THE POINT OF BEGINNING; THENCE S 89°14'52" E ALONG THE NORTHERLY LINE OF SAID SECTION 33 A DISTANCE OF 2743.09 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 33, A REBAR AND CAP ILLEGIBLE FOUND IN PLACE AND REPLACED WITH A 3-1/4" ALUMINUM CAP L.S. #19598; THENCE LEAVING SAID NORTHERLY LINE S 01°41'36" W ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 33 A DISTANCE OF 664.14 FEET TO THE N -N- C 1/64TH CORNER OF SAID SECTION 33, A REBAR AND CAP L.S. #26626 IN PLACE; THENCE S 89°20'01" E, ALONG THE NORTHERLY LINE OF SAID SW1/4NW1/4NE1/4 A DISTANCE OF 688.32 FEET TO THE NW -NE 1/64TH CORNER OF SAID SECTION 33, A REBAR AND CAP L.S. #14111 IN PLACE; THENCE LEAVING SAID NORTHERLY LINE S 01°43'07" W ALONG THE EASTERLY LINE OF SAID SW1/4NW1/4NE1/4 A DISTANCE OF 663.71 FEET TO THE C -W -NE 1/64TH CORNER OF SAID SECTION 33 A REBAR AND CAP L.S. #14111 IN PLACE; THENCE N 89°17'29" W ALONG THE SOUTHERLY LINE OF SAID SW1/4NW1/4NE1/4 A DISTANCE OF 688.02 FEET TO THE N -C 1/16TH CORNER OF SAID SECTION 33, A REBAR AND CAP L.S. #14111 IN PLACE AND REPLACED WITH A 3-1/4" ALUMINUM CAP L.S. #19598;THENCE N 89°17'29" W ALONG THE NORTHERLY LINE OF LOT 4 OF SAID SECTION 33 A DISTANCE OF 752.39 FEET TO THE NORTHWEST CORNER OF SAID LOT 4, A 3-1/4" ALUMINUM CAP L.S. #19598 SET IN PLACE; THENCE S 02°29'54" W 1146.11 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY NO. 82; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2964.79 FEET AND A CENTRAL ANGLE OF 07°12'40", A DISTANCE OF 373.14 FEET, (CHORD BEARS N 75°48'46 W 372.89 FEET) TO A 3-1/4" ALUMINUM CAP L.S. #20677 IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N 80°48'38" W 213.65 FEET TO A 3- 1/4" ALUMINUM CAP L.S. #20677 IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N 81°30'58" W 1391.80 FEET TO A 3-1/4" ALUMINUM CAP L.S. #20677 IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY 923 Cooper Avenue Glenwood Springs, CO 81601 phone 970 945-8676 •fax 970 945-2555 14 Inverness Drive East, Ste B-144 Englewood, CO 80112 phone 303 925-0544 • fax 303 925-0547 CERISE RANCH, PHASE 2 PROPERTY DESCRIPTION PAGE 2 OF 2 N 81°30'58" W 809.98 FEET TO A POINT; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY N 06°46'09" W 1405.90; THENCE N 08°14'49" W 63.57 FEET; THENCE N 00°00'00" E 233.37 FEET; THENCE N 06°16'05" E 375.64 FEET TO A POINT ON THE NORTHERLY LINE OF SAID SECTION 32; THENCE ALONG SAID NORTHERLY LINE S 88°58'20" E, 982.76 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 183.353 ACRES, MORE OR LESS. K\WP\99\054\FUTURE-DEV-DESC. DOC Revised August 2, 2001 Exhibit C (Certified Construction Costs) Subdivision Improvements Agreement Cerise Ranch Subdivision, Phase 2 Page 12 of 14 E:\WP DOcs\TIMICerise Ranch\Phase II HOAISubdivision Improve. Agree.wpd CERISE RANCH SUBDIVISION - PHASE 2' SUMMARY`OF PROBABLE CONSTRUCTION COST May 30, 2001 HCE JOB NO: 99054.05 wroa.mnm99,054 cv ooa.xi, ITEM QUANTITY UNIT COST COST Grading and Earthwork Mobilization Earthwork 3" Asphalt 8" Class 6 ABC Geotextile Fabric Stortn Drains 18" HDPE Type S 18" Flared End Section 24" HDPE Type S 24" Flared End Section Domestic Water *price includes trenching and fittings 10" DIP Waterline 10" Gate Valve 1" Water Service Fire Hydrant Assembly Shnllbyv ULilitzes 4' Utility Trench Electric Vault Natural Gas line - ESTIMATE Electric Utility - ESTIMATE Telephone Utility - ESTIMATE Miscellaneous. Revegetate/Landscape Class I Ground Sign Erosion and Sediment Control 1 L.S. 8,000.00 1 L.S. 10,000.00 15535 S.Y. 7.35 3455 C.Y. 23.00 15535 S.Y. 1.10 160 L.F. 30.00 8 E.A. 200.00 170 L.F. 35.00 8 E.A. 250.00 662 L.F. 1 Each 40 Each 2 Each 662 L.F. 2 Each 5264 L.F. 662 L.F. 5264 L.F. 1 L.S. 9 Each 1 L.S. 45.00 1,100.00 1,000.00 2,800.00 6.50 600.00 10.00 25.00 2.00 5,000.00 250.00 5,000.00 8,000.00 10,000.00 114,182.25 79,465.00 17,088.50 4,800.00 1,600.00 5,950.00 2,000.00 29,790.00 1,100.00 40,000.00 5,600.00 4,303.00 1,200.00 52,640.00 16,550.00 10,528.00 5,000.00 2,250.00 5,000.00 10% Contingency SUB TOTAL $417,046.75 $41,704.68 TOTAL PHASE 2 $45$,75143 This summary of probable construction cost was prepared for estimating purposes only. It does not include estimates for: Soils Testing, construction surveying, construction administration and inspection, or any permitting required by local governments. High Country Engineering, Inc. cannot be held responsible for variances from this estimate as actual costs may vary due to bid and market fluctuations. Revised August 2, 2001 Exhibit D (Certified Costs of Completed Improvements) Subdivision Improvements Agreement Cerise Ranch Subdivision, Phase 2 Page 13 of 14 E:\WP Docs\TIM\Cerise Ranch\Phase II HOA\Subdivision Improve. Agree.wpd NOTICE REGARDING BUILDING PERMITS TO: All purchasers of Homesites within Phase 2 of the Cerise Ranch Subdivision. YOU ARE HEREBY NOTIFIED, that under applicable Garfield County regulation you may not commence construction of a residence within unincorporated Garfield County, including Phase 2 of the Cerise Ranch Subdivision ("Property"), prior to issuance of a building permit by Garfield County and no residences may be occupied prior to the issuance of a certificate of occupancy by Garfield County. Under the terms of the Subdivision Improvements Agreement between Garfield County and Wintergreen Homes, LLC ("Wintergreen") and the subdivision approvals issued for the Cerise Ranch Subdivision, Garfield County will not issue building permits for the Property unless it can be demonstrated to the satisfaction of the Carbondale & Rural Fire Protection District that there is adequate water available to the construction site for the Fire District's purposes and all applicable Fire District fees have been paid to the District. Furthermore, no certificate of occupancy for any residences contained within the Property will be issued by Garfield County unless it can be demonstrated to the satisfaction of the Garfield County Department of Building and Planning that all subdivision improvements, including all appropriate water facilities, have been completed and are operational in accordance with the Subdivision Improvements Agreement. CERISE RANCH, LLC a Colorado Limited Liability Company By Art Kleinstein, Manager The foregoing was read and understood by the undersigned Purchaser of a Homesite within the Property. By Homeowner Building Permit Declaration 16 -Oct -00 Revised August 2, 2001 Exhibit E (Notice Regarding Building Permit Restrictions) Subdivision Improvements Agreement Cerise Ranch Subdivision, Phase 2 Page 14 of 14 E:\WP DocsITIMICerise RanchlPhase I1 HOAI Subdivision Improve. Agree.wpd NOTICE REGARDING BUILDING PERMITS TO: All purchasers of Homesites within Phase 2 of the Cerise Ranch Subdivision. YOU ARE HEREBY NOTIFIED, that under applicable Garfield County regulations you may not commence construction of a residence within unincorporated Garfield County, including Phase 2 of the Cerise Ranch Subdivision ("Property"), prior to issuance of a certificate of occupancy by Garfield County. Under the terms of the Subdivision Improvements Agreement between Garfield County and Wintergreen Homes, LLC ("Wintergreen") and the subdivision approvals issued for the Cerise Ranch Subdivision Garfield County will not issue building permits for the Property unless it can be demonstrated to the satisfaction of the Carbondale Rural Fire Protection District that there is adequate water available to the construction site for the Fire District's purposes and all applicable Fire District fees have been paid to the District. Furthermore, no certificate of occupancy for any residences contained within the Property will be issued by Garfield County unless it can be demonstrated to the satisfaction of the Garfield County Department of Building and Planning that all subdivision improvements, including all appropriate water facilities, have been completed and are operational in accordance with the Subdivision Improvements Agreement. WINTERGREEN HOMES, LLC, a Colorado Limited Liability Company By: Art Kleinstein, Manager The foregoing was read and understood by the undersigned Purchaser of a Homesite within the Property. By: Homeowner Notice Regarding Building Permits Cerise Ranch Subdivision, Phase 2 Revised May 15, 2001 SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR THE CERISE RANCH SUBDIVISION PHASE 2 THIS SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR THE CERISE RANCH SUBDIVISION (PHASE 2) ("Supplemental Declaration") is made and declared this day of , 2001, by Cerise Ranch, LLC, a Colorado Limited Liability Company ("Declarant"). WHEREAS, Declarant is the owner of certain real property situated in Garfield County, Colorado and more particularly described in the Final Plat for the Cerise Ranch Subdivision, Phase 2 ("Final Plat"), filed for record in the Records of the Clerk and Recorder for Garfield County, Colorado on , as Reception No. ; and WHEREAS, Declarant has previously recorded that certain DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR THE CERISE RANCH SUBDIVISION, PHASE 1("Declaration") in the records of the Clerk and Recorder for Garfield County, Colorado on 12 -Dec -00 in Book 1221 at Page 942 and Reception No. 575832; and WHEREAS, Declarant desires to annex all those properties contained with the Final Plat pursuant to this Supplemental Declaration and thereby subject said properties ("Annexed Properties") to the Declaration and all provisions contained therein NOW THEREFORE, Declarant makes the following declaration of annexation of the Annexed Properties: The Annexed Properties more particularly described in the Final Plat are hereby annexed pursuant to Article XV of the Declaration and are hereby made subject to all provisions contained within the Declaration. Executed this day of , 2001. CERISE RANCH, LLC By Art Kleinstein, Manager Supplemental Declaration Cerise Ranch Subdivision (Phase 2) Page 1 of 2 E: I... \Phase 11 HOAISupplemental Declaration.8.01.01.wpd STATE OF COLORADO ) )ss COUNTY OF GARFIELD ) The above and foregoing document was acknowledged before me this day of , 2001 by Art Kleinstein, Manager for Cerise Ranch, LLC. Witness my hand and official seal. Notary Public My commission expires: Supplemental Declaration Cerise Ranch Subdivision (Phase 2) Page 2of2 E:I...\Phase 11 HOAISupplemental Declaration.8.01.01.wpd COUNTf� -NG/iliEEf4/NG July 23, 2003 CEIVED JUL 2 b 2003 GARFIELD COUNTY BUILDING & PLANNING Mark Bean, County Planner Garfield County Building and Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Cerise Ranch — Release of Collateral For Phase 2 - Revegetation HCE Project No. 99054.03 Dear Mark: I am writing on behalf of Wintergreen Homes ("Owners"). In accordance with the terms of the Subdivision Improvement Agreement (SIA) by and between the Owners and the Board of County Commissioners of Garfield County, each request for release of collateral must be signed by the Project Engineer, and shall certify that: 1. All costs for which the release is being requested have been incurred in connection with the construction of the Improvements; 2. All work performed and materials supplied are in accordance with the plans and specifications; 3. All work has been performed in a workmanlike manner; 4. No funds are being requested for work not completed, or for materials not installed or stored on site; and 5. The Project Engineer has inspected, approved and has certified that all such improvements have been constructed in accordance with the plans and specifications. Please consider this letter certification by the Project Engineer, High Country Engineering, Inc. (HCE), that all of the foregoing requirements have been met. Per the SIA, the amount for the revegetation and security held by the County since February 2002 is $5,000: - The revegetation of the project has met the one-year in-place y 1517 Blake Avenue, Ste. 101 Glenwood Springs, CO 81601 phone 970 945-8676 • fax 970 945-2555 14 Inverness' Drive East, Ste. D-136 Englewood, CO 80112 phone 303 925-0544 • fax 303 925-0547 Grand Junction, CO 80501 phone 970 858-0933 ..fax 970 858-0275 Mr. Mark Bean July 23, 2003 Page 2 requirement; therefore, we are requesting that the security for the project be released in the amount of $5,000. Please contact me if you have any questions or need additional information. Sincerely, `\\\\\\‘tj HIGH COUNTRY E �1C. •30939 Vernon D. Hope, KS •._ Principal %/ Ss, . , . • •4 - JDH/blf I' ii��AL Ems: Enc. cc. Jeff Spanel, Wintergreen Homes Dale Hope, Wintergreen Homes Tim Thulson, Balcomb & Green