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01.0 Application
TABLE OF CONTENTS SECTION TITLE PAGE I Preface 1 II Subdivision Summary Form (4.02.01,k.4) 2 III Owner and Subdivider (4.02.01,k. 2 & 3) 3 IV Land Area and Use (4.02.01,g) 4 V Public Dedications. (4.02.01,k.5) 4 VI Proposed Covenants (4.02.01,k.6) 4 VII Physical Information (4.02.03) 4 VIII Grading and Drainage (4.02.04) 5 IX Utilities (4.02.05) 6 X Street Names and Lot Numbering System (4.02.01,f) 7 MAP TITLE Map 2-1 Vicinity Sketch Map Map 2-2 Preliminary Plan and Adjacent Land Owners Map 2-3 Bedrock and Surficial Map Map 2-4 Soils Hazard Map Map 2-5 Slope Stability Map Map 2-6 Vegetation Map Map 2-7 Schematic Utility Plan Map 2-8 Preliminary Drainage Plan Map 2-9 Street Plan and Profile Drawings (11 sheets) (See separate enclosure) Map 2-10 Preliminary Percolation Tests Map EXHIBITS TITLE Exhibit 1 Lincoln-DeVore letter dated Sept. 14, 1978 Exhibit 2 Scarrow & Walker Preliminary Drainage Report dated May 30, 1979 Exhibit 3 Wright Water Engineers letter dated October 5, 1978 Exhibit 4 Loyal E. Leavenworth letter dated October 6, 1978 Exhibit 5 Wright Water Engineers letter dated March 14, 1979 Exhibit 6 Holy Cross Electric Association letter dated March 13, 1979 Exhibit 7 Mountain Bell letter dated March 14, 1979 Exhibit 8 Preliminary Plan Description, Scarrow & Walker, dated May 30, 1979 Exhibit 9 Sewage Treatment Services Agreement dated May 23, 1979 Exhibit 10 Wright Water Engineers letter dated March 14, 1979 Exhibit 11 Colorado Mountain College, Anderson letter dated March 19, 1979 Exhibit 12 Well Decree for Underground Water Right Exhibit 13 Service Plan for the Formation of the Spring Valley Sanitation District, dated May 18, 1979 Exhibit 14 Legal Description of Los Amigos Ranch Land to be Included in Proposed Spring Valley Sanita- tion District, Scarrow & Walker, dated May 15, 1979 Exhibit 15 Preliminary Percolation Tests, Lincoln-DeVore dated May 27, 1979 • • LOS AMIGOS RANCH SUBDIVISION NO. 2 PRELIMINARY PLAT SUBMITTAL I. PREFACE The enclosed constitutes the Preliminary Submittal for Subdivision No. 2 of the Los Amigos Ranch P.U.D. (Subdivision No. 1 consisted of the 96 unit apartment complex on 14.63 acres adjacent to Colorado Mountain College). Subdivision No. 2 contains 570± acres and consists of 71 single-family lots and 63 multi -family lots for a total of 311 dwelling units. In addition, Subdivision No. 2 includes a 13 acre RE -1 school site, 18 acres of service commercial area, 20 acres of recreation land and 128 acres of greenbelt. Subdivision No. 2 is consistent with the P.U.D. Zone Plan and the P.U.D. Master Plan of the approved Los Amigos Ranch P.U.D. Development. All roads and lots of Subdivision No. 2 are being identified and flagged in the field. It is recommended that the Planning Department Staff and the Planning and Zoning Commission Members conduct a site visit of Subdivision No. 2 to familiarize them- selves with this application. 1 II. SUBDIVISION SUMMARY FORM (4.02.01,k.4) G. SIJBDIUISION SUMMARY FORM G rt el d County Type of Subdivision: Request for Exemption Date May 30, 1979 Preliminary Plan X Final Plat Subdivision Name Los Amigos Ranch SubdivisionFi 1 ing No. 2 1/2 Location of Subdivision TOWNSHIP 7 RANGE 88 SEC. 5 & E4- 6 Owner(s) NAME Robert W. Chatmas, Thomas E. Neal, James A. R. Johnson ADDRESS c/o Sundesigns Architects, 1315 Grand Avenue, Subdivider(s) NAME Same as above Glenwood Springs, CO 81601 ADDRESS Designer NAME Sundesigns Architects ADDRESS 1315 Grand Avenue, Glenwood Springs, CO 81601 Type of Subdivision Number of Area % of Dwelling Units (Acres) Total Area (X) Single Family 71 195 34.2% (X)-A13alat-Ftefi 1=5- Dup lex 72 71 12.5% (X) -eeH1►i-ttr+s Multi- 168 84 14.7% ( ) Mobile Home family -- (X) Commercial 4/r. 18 3.2% (X) -Ifldu&-t-44&1- Recreation .17A-. 20 3.5% TOTAL: 311 d.u.'s Street 41 Wa 1 kways N/A Dedicated School Sites 13 Reserved School Sites N/A Dedicated Fa k-;i4e.s Greenbelt 128 Reserved Park Sites N/A Private Open Areas N/A Easements N/A Other (Specify) N/A 7.2% 2.3% 22.5% Total 570 100% Peak Daily Requirement Estimated Water Requi rements 389,000 (buildings & irrigation) Gal lons/day. Proposed Water Source Wells Estimated Sewage Disposal Requirement 84,000(sewered)/5,600 (septic) Gallons/da';, Proposed Means of Sewage Disposal CMC treatment fa- / individual systems cility ACTION: Planning Commission Recommendation Approval ( ) Disapproval ( ) Remarks Date , 19 _ Board of County Commissioners Approval ( ) Remarks Disapproval ( ) Date , 19 - 2 - III. OWNER AND SUBDIVIDER (4.02.01,k.,2,3) Owner: Robert W. Chatmas Thomas E. Neal James A. R. Johnson c/o Sundesigns Architects & Planners 1315 Grand Avenue Glenwood Springs, Colorado 81601 Subdivider: Same as above Firm Preparing Submittal: Sundesigns Architects & Planners 1315 Grand Avenue Glenwood Springs, Colorado 81601 Owners of Adjacent Land: 1. Chatmas, Neal and Johnson Same as above 2. Colorado Mountain College Glenwood Springs, Colorado 81601 3. Bureau of Land Management P.O. Box 1009 Glenwood Springs, Colorado 81601 4. H. H. Kindall 0174 - 130 Road Glenwood Springs, Colorado 81601 • IV. LAND AREA AND USE (4.02.O1,g) A. See Map 2-2 Preliminary Plan V. PUBLIC DEDICATIONS (4.02.01,k.5) Streets in Los Amigos Ranch Subdivision No. 2 will be private dedicated roads with the exception of Drive A, which will be a public dedicated road. The proposed thirteen acre elementary school site dedication is included in Subdivision No. 2. Proposed recreation areas are to be private. VI. PROPOSED COVENANTS (4.02.01,k.6) The Declaration of Protective Covenants is contained in the P.U.D. Application, Section XIII. Subdivision No. 2 im- provements will be designed, constructed and maintained con- sistent with the P.U.D. Covenants. The owners of the land and improvements will be a part of the P.U.D. Association or other entities relating to utilities such as water and sewage dis- posal. VII. PHYSICAL INFORMATION (4.02.03) A. Geology 1. See Map 2-3 Bedrock and Surficial Map 2. See Exhibit 1 - Lincoln DeVore letter dated September 14, 1978 B. Soils 1. See Map 2-4 Soils Hazards Map and Map 2-5 Slope Stability Map 2. See Exhibit 1 - Lincoln DeVore letter dated September 14, 1978 C. Vegetation 1. See Map 2-6 Vegetation Map D. Wildlife Habitat Habitat, migration and winter range of deer and other wildlife species has been addressed in the P.U.D. Application, Section XI. Prior to the land planning for the P.U.D., meetings were held with the Colorado Division of Wildlife. Major habitat areas and daily migration routes were identified and classed as open space. Key factors in determining Subdivision No. 2 wildlife impacts include the following: 1. Proximity to C.M.C. and Subdivision No. 1. The moderately higher density areas of Subdi- vision No. 2 are adjacent to and will have about the same density of buildings to gross acreage as C.M.C. and Subdivision No. 1. The remainder of Subdivision No. 2 has very low overall density (approximately 1 d.u. per 4 acres). - 4 - • • 2. Internal Open Space. Approximately 84% of Subdivision No. 2 is open space not occupied by buildings, parking or roads. 3. External Open Space. Subdivision No. 2 is adjacent to large acreages of open space in- cluding agricultural lands, sage areas and pinion/juniper vegetation. 4. Seasonal Migration Routes. Five lower/upper valley routes have been identified. These paths link remote high elevation slopes east of Spring Valley with sage -covered, south - facing bluffs above SH -82. These routes are identified as open space on the P.U.D. Plan and exist as open space corridors where in- cluded in Subdivision No. 2. 5. Dog Control. The Covenants, Section XIII of the P.U.D. Application, will prohibit the keeping of dogs in multi -family apartment development. 6. Fencing. No fences are allowed outside the building areas unless of a design approved by the Colorado Division of Wildlife (see Cove- nants). VIII. GRADING AND DRAINAGE (4.02.04) A. Grading 1. Street Profile a. See Map 2-9 Street Plan and Profile Drawings 2. Grading Lands within Subdivision No. 2 consist of basalt flows or alluvium, either exposed or covered by topsoil. Grading will be either road grading or individual site grading. Lands consisting of alluvium deposits are located along the eastern portion of the Subdivision and have existing surface slopes of less than 20%. Lands consisting of basalt flows occupy the major- ity of the Subdivision. Those lands over 20% sur- face slope and characterized by basalt flows have been identified as stable as evidenced on Map 2-3 Bedrock and Surficial Map. Map 2-5 Slope Stability Map designates areas of minor, moderate or major hazard. Proposed roads encroach on areas of minor hazard in one location. Several single family home - sites are located in areas of minor or moderate hazard area. In order to minimize slope stability problems, building site locations and road alignments are being field located. Preliminary locations for buildings and roads are identified on Map 2-2 Pre- liminary Plan. Until field location and adjustment of roads is completed, precise cross-sectional data cannot be established. Side slopes will be graded to 1.5:1 or greater. In rock sections loose mater- ial will be removed leaving stable material in place beyond the ditch line. • • B. Drainage 1. See Exhibit 2 - Scarrow & Walker Preliminary Drainage Report 2. See Map 2-8 Preliminary Drainage Plan IX. UTILITIES (4.02.05) A. Water Supply 1. See Map 2-9 Schematic Utility Plan 2. Water Source a. See Exhibit 3 - Wright Water Engineers letter dated October 5, 1978 b. See Exhibit 4 - Loyal E. Leavenworth letter dated October 6, 1978 3. Potability Statement a. See Exhibit 5 - Wright Water Engineers letter dated March 14, 1979 4. Legal Entity The central water system, serving all 568 dwelling units of the P.U.D. including Subdivision No. 2, will be owned and operated initially by the devel- opers and present owners of Los Amigos Ranch with eventual ownership and operation by either the Homeowner's Association as defined in the P.U.D. Covenants, a water district consisting of users within the area served or a metropolitan district. 5. Description Domestic water for Subdivision No. 2, as well as the entire P.U.D., is provided by a central supply, storage and distribution system. There are two levels of service - domestic and fireflow capacity for the multi -family, school and commercial areas and domestic capacity for the single-family areas. Actual pressure and g.p.m. X hour duration figures are designed for insurance rating and with the ob- jective of a future Spring Valley fire district being formed. B. Sanitary Sewage Disposal 1. See Map 2-9 Schematic Utility Plan 2. See Exhibit 9 - Sewage Treatment Services Agreement, Loyal E. Leavenworth, dated May 23, 1979. 3. See Exhibit 13 - Service Plan for the Formation of of the Spring Valley Sanitation District, Wright McLaughlin Engineers, dated May 18, 1979 4. See Exhibit 11 - Colorado Mountain College Anderson letter dated March 19, 1979 5. See Exhibit 14 - Legal Description of Los Amigos Ranch Land to be Included in Proposed Spring Valley Sanitation District, Scarrow & Walker dated May 15, 1979 6. Description Sewerage for Subdivision No. 2 consists of two types of systems - individual septic systems for large acreage single-family lots and a central collection and treatment facility for the multi -family, school and commercial uses as well as a number of single- • family lots that are immediately adjacent and up- grade to the collector system. Individual Systems: Over ninety percent of all lots designated for individual septic systems are in excess of two acres in size. The location, de- sign and approval of the individual septic systems will be the responsibility of the individual lot purchasers. No soil hazard areas have been iden- tified in Subdivision No. 2 (see Map 2-4 Soils Hazards Map). It is expected that localized out- cropping of basalt rock will be encountered on some of the lots. The Preliminary Plan of Sub- division No. 2 reflects extensive field work to identify lots, along with the associated building envelopes, in such a manner as to produce a problem - free location for the individual septic systems. Lincoln-DeVore has performed five percolation tests in soils and locations prototypical to Subdivision No. 2 in accessible areas. See Map 2-10 Preliminary Percolation Tests Map and Exhibit 15 - Preliminary Percolation Tests, Lincoln-DeVore dated May 27, 1979. Further site specific (on a lot by lot basis) percolation tests will be done prior to actual con- struction, by the individual lot purchaser. C. Underground Wiring 1. See Exhibit 6 - Holy Cross Electric Association letter dated March 13, 1979 2. See Exhibit 7 - Mountain Bell letter dated March 14, 1979 3. Public dedicated rights-of-way, private dedicated rights-of-way and non -road water and sewer ease- ments are available for underground wiring distri- bution network. X. STREET NAMES AND LOT NUMBERING SYSTEM (4.02.01,f) A. Street Names Alternative groupings of street names for the entire P.U.D. are currently being evaluated. The selection criteria includes compatibility with the character of the land and the development, compatibility with the Spring Valley area and uniqueness from other street names within Garfield County. The proposed street names for Subdivision No. 2 will be submitted for re- view by the time of submittal of the Final Plat appli- cations. The Subdivision No. 2 Preliminary Plan streets are identified as drives, lanes and courts and lettered "A" through "E". B. Lot Numbering Lots are numbered consecutively beginning with "1". Future subdivisions will repeat the same numbering. A lot will be identifiable as, for example, "Los Amigos Ranch P.U.D. Subdivision No. 4 - Lot 10". In addition, the lot number is within a graphic symbol, a circle, square, triangle or hexangle, which identifies the land use or P.U.D. zoning of that property. • • 11) Lincoln DeVore 1000 West Fillmore St. Colorado Springs, Colorado 80907 (303) 632-3593 Home Office September 14, 1978 Mr. Jean Moffatt Sundesigns 1315 z Grand r. venue Glenwood Springs, CO 31601 Re: File No. GS -740 Preliminary Geologic Hazards Investigation for Los amigos Ranch P.U.D. Garfield County, Colorado Dear Mr. Moffatt: Personnel of Lincoln-De-Vore completed a preliminary geologic hazard site inspection on the above referenced property on September 5, 1978, in order to identify and •.1cfine the geologic ^net scf.ls constraints which may effect: the proposed P.U.D. A set of maps were prepared in connection with this report which were based on a regional study done by Lincoln-DeVore for Garfield County in 1975 under the provisions of Colorado House Bill 1U41. These maps have been amended and added to, but must still be considered as preliminary in nature. Geologically the site could be described as an upland mesa, formed by basalt flows (Tb) (see Plate I) which were extruded during the down cutting of the Roaring Fork Valley. These flows covered the Maroon formation (IP Pm) (see Plate I), a thick sequence of red interbedded sandstones, siltstones, and shales which can be seen outcropping along the southwestern edge of the site. The basalt flows also partially covered the dsagle Valley Evaporite (Pev) in the southern portion of the site. The Eagle Valley Evaporite locally consists of white to grey gypsum with widely spaced fine grained sandstones and dark grey shales. The following discussion of the engineering considerations of these three formations is general in nature. The Eagle Valley i;vaporite (Pev) has undergone several types of deformation which has resulted in a typical chaotic internal structure. The contortion and deformation of the incompetent materials of this formation dictates that wherever it is exposed it must be considered as potentially unstable. Other hazards associated with this formation include potential solution, hydrocom- paction and the presence of corrosive minerals. The Maroon formation (]P Pm) is highly fractured and, therefore, easily eroded which provides an excellent source of material for rockfall and debris flows 2700 Highway 50 West Pueblo, Colo 81003 (303) 546-1150 P.O. Box 1427 Glenwood Springs, Colo 81601 (303) 945-6020 109 Rosemont Plaza Montrose, Colo 81401 (303) 249-7838 EXHIBIT 1 P.O. Box 1882 P.O. Box 1643 Grand Junction, Colo 81501 Rock Springs, Wyo 82901 (303) 242-8968 (307) 382-2649 Mr. Dean Moffatt September 14, 1978 Page -2- when exposed on steep slopes. These hazards are only present along the steep valley sides on the west and southwest boundary of the site. Soils derived from the Maroon formation may be susceptible to potential subsi- dence and hydrocompaction. The basalt flows (Tb), which underlie the majority of the site, are dark grey, highly fractured, and vesicular basalts attaining several hundred feet in thickness. The major hazard associated with the basalt is rockfall which is present on the steeper slopes below the cliff -like palisades along the Roaring Fork Valley in the vest and southwest edges of the site, and along the outcrops near the eastern boundary. Another large rockfall area is present in the south central portion of the site just north of the Colorado Mountain College access road. Another slope stability problem in the presence of a moderate sized land- slide 00 was noted at the base of the palisade between the two major drainage gullies just north of where they intersect. This slide appears fairly old and moderately stable but, without specific analysis, should be considered potentially unstable. The palisades which occur throughout the proposed development area should be considered as potentially unstable and a minimum setback from the edges for buildings should be established prior to construction. The basalt bedrock appears to outcrop or be present at a shallow depth throughout the majority of the site and wherever it is encountered close to the surface will affect both construction and excavation and may require blasting for removal. The shallow bedrock is highly fractured and permeable, which will affect the potential for individual septic systems and may necessitate the use of a central septic system. Surficial deposits mapped as colluvium (Qc) have potential hazards which are dependent on the formations from which they are derived and their modes of deposition. Colluvium, derived from the Maroon formation, is mainly gravity transported and will be susceptible to potential subsidence due to hydrocompaction only, whereas colluvium derived from the Eagle unlley 14vL:pOrtA J_.+_l b3 1 .hti:Jle to so ;' :J,Q'., i; 'rrcoi.17.a^.C=.o and the presence of corrosive minerals. Alluvial deposits mapped as terraces ((t1_2) consist mainly of well rounded sands and gravels and have no inherent hazards except where they overlie incompetent members of the Eagle Valley 3vaporite, which could cause them to be potentially unstable. Sands and gravels also make up the deposit which surrounds the roaring Fork River labeled (Qal). The alluvial deposit mapped as (Qal) in the eastern part of the site, however, consists mainly of sand, silt and clay deposited by stream action. 1,7,:pansive clays and/or consoli- dating silts may be encountered in this eastern alluvial area. Another geologic feature mapped as an alluvial fan (elf) was noted just south of the site but will not affect the proposed development. Two major gullies and several minor ones were inspected to determine their potential for flooding anduebris flows. The evidence indicates that signifi- Mr. Dean Moffatt September 14, 1978 Page -3- cant stream flow in most of the gullies will exist only during and after torrential rains. The upper part of the drainage basins are fairly flat, cultivated, and cross the highly fractured and permeable basalt flows which tends to reduce runoff to a level far below that which would normally be expected, however, the potential for flooding within the gullies does exist and has been napped as floodways (fw ) (see Plate III)• The lower part of the drainages become fairly steep and contain considerable quantities of debris. Close inspection of these gullies revealed no recent debris flow activity, and actually very little potential for debris flows. As all the areas of proposed development are located on the uplands, the flood hazard to those areas is almost nonexistent. There is a potential for hazards to exist for any roads and dams placed in the area of the gullies; these must be designed for the relevant peak flows and channel configura- tions. In conclusion, there do not appear to be any severe conflicts between the proposed use and the geologic engineering constraints. Site specific studies are recommended in areas of geologic hazards, at which time specific mitiga- tion procedures can be outlined. If there are any questions or if we can be of further service, please feel free to contact the Laboratory at any time. Respectfully submitted, LINCOLN-DeVORE TESTING Lid. A Michael T. weaver Engineering Geologist Reviewed by Kenneth L. MT':'/sko ers, Professional Engineer • • Robert Chatmas October 5, 1978 -7- SUMMARY In summary we believe that a viable water supply can be developed for the proposed Los Amigos P.U.D. from wells drilled into the Spring Valley aquifer. Water requirements for the development will be as high as 285 acre feet per year with a maximum daily requirement of about 1.1 cfs. We believe that the proposed diversions by the Los Amigos 1963 and 1978 water rights will not injure any vested water rights in the Spring Valley area. In the future there is a possibility of injury to senior water rights on the Colorado River. As that time approaches, we believe Los Amigos can develop appropriate augmentation water to mitigate injury, if any. Please do not hesitate to call if you have any questions. WLL:ep cc: Dean Moffatt Lee Leavenworth 781-67 Very truly yours, WRIGHT WATER ENGINEERS, INC. By l-4!, William L. Lorah Robert Chatmas -6- October 5, 1978 all rights senior and including 1978 are estimated to be less than 1000 acre feet. Again, we conclude that there is enough physical water avail- able to satisfy all rights senior to and including 1978 Los Amigos right. We believe that the Los Amigos 1978 right can be diverted at all times and not injure any other senior water right in the Spring Valley area. The proposed Los Amigos' central water supply system could deplete the Spring Valley aquifer up to 285 acre feet per year. Wright Water Engineers believes the recharge to the Spring Valley aquifer currently is greater than all of the depletions from water rights decreed to date plus the proposed Los Amigos depletions. The effect of any new depletion caused by the Los Amigos development will, in our opinion, be felt in reduced springtime flows down Red Canyon. This effect will be felt by the Roaring Fork and Colorado Rivers during the early spring snow melt period. At the present time the Roaring Fork and Colorado are "free rivers" in the spring- time and any reduction by Los Amigos would not injure any rights currently diverting on the Roaring Fork or Colorado Rivers. However, if there were extensive development of conditional water rights on the Colorado River, there could be a "call" on 1963 and 1978 Los Amigos water rights, as well as all other Spring Valley aquifer water rights. If that ever occured, we believe Los Amigos "injury" to the Roaring Fork and Colorado Rivers could be mitigated by providing augmentation water at that time by releases from reservoirs tributary to the Colorado River above Rifle, or by securing other suitable augmentation water. The only potential for "injury" to water rights in the Spring Valley area would be the lowering of the water table to a point where other wells would have to pump from a greater depth. Injury, if any, would be limited to additional energy costs for pumping - which we believe would be very little. We believe that it would be impossible to "dry up" any of the Spring Valley aquifer wells. Robert Chatmas October 5, 1978 -5- If all of the Spring Valley aquifer water rights senior to the 1963 Los Amigos water right diverted their full decreed amounts 24 hours a day year round, they would theoretically divert approximately 1600 acre feet per year. It is our opinion that the actual depletion to the Spring Valley aquifer because of senior water right diversions has more realistically been about 100 acre feet per year. (The primary user of the aquifer water is Colorado Mountain College. The college normally diverts less than 50,000 gallons per day (35 gpm) during the winter.) Total annual water available from the Spring Valley aquifer is estimated to be 1500 acre feet per year. (1) We conclude that the Los Amigos 1963 right will be able to physically divert and consumptively use its fully decreed 300 gpm at all times without injuring any other vested water right in the Spring Valley area. This will be true even if the CMC wells greatly expand their pumping. If the Los Amigos well was pumped at its 300 gpm decreed amount for a year there would be 483 acre feet diverted, or about 70% more water than required for the ultimate development needs on an annual basis. This right alone should be sufficient to cover the water needs of the development except during the high use irrigation season, when the 300 gpm must be supplemented to meet peak water demands caused mainly by irrigation. All inhouse require- ments are only a fraction of the water available from the 1963 right Los Amigos has recently applied for additional water rights out of the Spring Valley aquifer to meet their ultimate water requirements. Water rights junior to Los Amigos' 1963 right and senior to their 1978 water rights are also listed in Table 2. Total depletions to the Spring Valley aquifer from the existing decreed water rights senior to the new Los Amigos 1978 water right we estimate to be currently less than 150 acre feet annually. Future maximum depletions from (1) See Spring Valley Report, copy attached. Robert Chatmas -4- October 5, 1978 TABLE 2 SPRING VALLEY AQUIFER WATER RIGHTS CASE AMOUNT APPROPRIATION ADJUDICATION STRUCTURE OWNER NUMBER (cfs) DATE DATE CMC Well CMC W-403 .9 5-8-1967 12-31-1972 CMC Well CMC W-404 .9 5-16-1967 12-31-1972 CMC Well CMC W-405 .09 3-31-1967 12-31-1972 CMC Well #4 CMC W-406 .22 3-01-1967 12-31-1972 Well 3 Ould W-1433 .001 4-30-1925 12-31-1973 Well 1 Ould W-1433 .001 4-30-1930 12-31-1973 Well 2 Ould W-1433 .033 4-30-1945 12-31-1973 Los Amigos Well #5 Sunlight W-2156 .67 8-22-1963 12-31-1973 Spring Valley Well No 1 Beattie W-3298 .67 12-07-76 Spring Valley Well No 2 Beattie W-3549 .03 1941 Lake Sp Rn Foster Well A Petroleum W-3573 .45 9-9-1977 Lake Sp Rn Foster Well B Petroleum W-3574 .45 9-9-1977 Spring Valley Well No 3 Beattie W-3702 .09 1978 Spring Valley Well No 4 Beattie W-3745 .06 4-17-1978 Los Amigos Los Well No 6 Amigos W-3873 .67 1978 Robert Chatmas October 5, 1978 -3- are estimated to be 113 gpm (0.25 cfs). Maximum day summer demand for domestic, livestock and irrigation is estimated to be 490 gpm (1.1 cfs). Treated water storage requirements, which will be governed mainly by fire flow requirements for the multi unit buildings, are estimated to be as high as 250,000 gallons. WATER SUPPLY At this time we recommend that the water supply for the entire develop- ment, except for a few of the larger tracts in the western area, be provided by a central system that derives its water from a series of wells located along the eastern edge of the P.U.D. These wells would be drilled into the Spring Valley alluvium to depths of up to 300 feet. It is our opinion that properly constructed wells can be drilled into this aquifer that will produce 200 to 400 gpm. Under ultimate development we recommend that at least two 300 gpm wells, or an equivalent combination, be drilled. The water from the wells will be chlorinated and pumped to a main storage tank that would be located approximately at the 7200 foot level in the southeast portion of the project. WATER RIGHTS Presently, Los Amigos has one decreed water right to divert water from the Spring Valley aquifer for municipal, commercial and domestic use. This water rights is for 300 gpm with an appropriation date of August 22, 1963 and an adjudication date of December 31, 1973. There are seven senior decreed water rights that can divert water from the Spring Valley aquifer. These rights are listed in Table 2. There are other water rights in the Spring Valley area senior to the 1963 Los Amigos well. However these rights do not depend upon the Spring Valley aquifer for their physical water supply 1 )For example: the water rights on Landis Creek, and springs such as the Quigley and Cox Springs, obtain their water supply at elevations higher than the Spring Valley aquifer. Pumping from the Spring Valley aquifer would not effect the flow of the springs or surface rights located at an elevation higher than the Spring Valley aquifer. (1) See Map, Spring Valley Water Resources and Water Rights, Wright Water Engineers, May, 1977. Robert Chatmas October 5, 1978 TABLE 1 ULTIMATE WATER SUPPLY REQUIREMENTS INHOUSE DOMESTIC USE -2- Total Number People Number Daily Annual of Dwelling per of Use Use Type of Unit Units Units Unit People gpd` Acre Feet Single Family 122 122 3.5 427 42,700 Duplex 31 62 3.5 217 21,700 Fourplex 15 60 3.0 180 18,000 Multiplex 30 324 2.5 810 81,000 TOTALS 198 568 (2.9) 1634 163,400 183 AF IRRIGATION (Assume 3,000 ft. 2 per dwelling unit) 40 acres x 2.5 AF per acre LIVESTOCK USE 70 head @ 25 gallons per head per day TOTAL ANNUAL DIVERSION WINTER DAY BASE DIVERSION = .16 MGD = 113 gpm = 0.25 cfs MAXIMUM DAY SUMMER DIVERSION-` = .71 MGD = 490 gpm = 1.1 cfs J. J. 100 AF 2 AF 285 AF 100 gallons per capita per day. 1/2 inch irrigation on 40 acres plus average daily inhouse use. Fire flow not included. ASPEN OFFICE P O BOX 8028 ASPEN COLORADO 81611 GLENWOOD SPRINGS OFFICE P O. BOX 1286 GLENWOOD SPRINGS COLORADO 81601 STEAMBOAT OFFICE P O BOX 5220 STEAMBOAT VILLAGE. COLORADO 80899 SANTO DOMINGO OFFICE WRIGHT.MENA WATER ENGINEERS KM 9'h ANTIGUA CORRETERA DUARTE SANTO DOMINGO. DOMINICAN REPUBLIC Robert Chatmas P.O. Box 2218 Aspen, CO 81611 Dear Rob: • • WRIGHT WATER ENGINEERS, INC. ENGINEERING CONSULTANTS 2420 ALCOTT STREET DENVER. COLORADO 00211 13031 4E6-6201 Glenwood Springs Tel. 945-7755 October 5, 1978 RE: Los Amigos Development Water Supply KENNETH R WRIGHT WILLIAM L LORAN RUSSELL E DARR F ROBERT McGREGOR RALPH L TOREN ROBERT D. TAFELSKI This letter summarizes our preliminary findings and conclusions concerning the water supply for the proposed Los Amigos Planned Unit Development located southeast of Glenwood Springs in Garfield County. Development parameters, such as type, location and number of units, have been provided by Sundesigns. We have also been working closely with Loyal Leavenworth, the water attorney for the project. WATER REQUIREMENTS For planning purposes a central water supply system is proposed to serve the entire development, except for a few large lot parcels in the northern portion of the P.U.D. Table 1 presents the estimated ultimate water requirements for the development. The inhouse use was based on a per capita use of 100 gallons per day assuming year around full occupancy. Irrigation demands from the central water supply were based on the assumption that a total of 40 acres of land within the P.U.D. will be irrigated. This is equivalent to about 3,000 square feet of irrigated land (lawn, green belt, open space, etc.) for the 567 equivalent residential units. In addition to inhouse and irrigation usage, it is assumed there will be 70 head of livestock (horses) that will require an average of 25 gallons of water per head per day. Total maximum diversion from the central water supply system is estimated to be 285 acre feet per year. Winter time water requirements EXHIBIT 3 ASPEN OFFICE P.O. BOX 8028 ASPEN, COLORADO 81611 CHEYENNE OFFICE 3228 LOCUST DRIVE CHEYENNE, WYOMING 82001 GLENWOOD SPRINGS OFFICE P.O. BOX 1286 GLENWOOD SPRINGS, COLORADO 81601 STEAMBOAT OFFICE P.O. BOX 5220 STEAMBOAT VILLAGE, COtORADO 80499 • • WRIGHT WATER ENGINEERS, INC. ENGINEERING CONSULTANTS 2420 ALCOTT STREET DENVER, COLORADO 80211 (303) 458-6201 Glenwood Springs Tel. 945-7755 March 14, 1979 Dean Moffat Sun Designs 13152 Grand Ave. Glenwood Springs, CO 81601 RE: Los Amigos Water Supply Dear Dean: KENNETH R. WRIGHT WILLIAM L. TORAH RUSSELL E. DARR RICHARD D. JOHNSON J. CRAIG GREEN H. RAY NEWMYER MARILYN M. STOKES RALPH 1. TOREN FRANK 1. TRELEASE The potable water supply for the first phase of the Los Amigos development will come from the existing Los Amigos Well #5 and possibly from a new well that would be drilled into the Spring Valley alluvium north of We11 #5. We have no reason to believe that water from these wells will not be of an acceptable water quality. The water will come from the same aquifer from which the CMC wells take their water. The qaulity of water from the Los Amigos wells should be similar to the quality of the CMC wells. WLL:ep 781-67 Very truly yours, WRIGHT WATER ENGINEERS, INC. By We 4 i_ William L. Lorah EXHIBIT 5 • • Mr. Robert A. Witkowski, Director October 6, 1978 Page 3 under Colorado water law. Secondly, Colorado water law permits the lowering of the ground water table so lona as the decline in the water table does not place the water supply of other reasonable water users beyond their economic reach, to the extent of their historic use. In our judgment, the Wright Water Engineers' conclusion that additional pumping costs, if any, would be deminimus demonstrates that any lowering of the water table will be within the economic reach of other water users. Therefore, this point should not prevent Los Amigos diversions from the aquifer. Finally, in the event augmentation is required in the future, augmentation water could be secured from Ruedi Reservoir, Green Mountain Reservoir or other sources of supply. Existing court opinions confirm that water may be used for this purpose without additional court approval. In conclusion, the two water rights (Los Amigos Wells Nos. 5 and 6) will provide the basis for the legal right to divert water from the Spring Valley aquifer for use in the proposed Los Amigos Ranch water system. Based upon the data and information contained in the Spring Valley Report and the Wright Water Engineers report of October 5, it is our judgment that, upon receiving a decree for Los Amigos Well No. 6, no additional Water Court proceedings will be required to secure the water rights necessary for implementation of the proposed water system for the Los Amigos Ranch P.U.D. If you or the Planning Commission have any questions or desire additional information, feel free to call. LEL/j Enc. cc: Very truly yours, MUSICK, WILLIAMSON, SCHWARTZ, LEAVENWORTH & COPE, P.C. By Mr. William L. Lorah (w/enc.) Mr. Robert Chatmas (w/enc.) Mr. Dean K. Moffatt (w/enc.) • • Mr. Robert A. Witkowski, Director October 6, 1978 Page 2 B. Los Amigos Well No. 6 On August 31, 1978, an Application for Underground Water Rights for the Los Amigos Well No. 6 was filed with the Water Court as Case No. W-3873, Water Division No. 5 (a copy of this Application is attached). This Application seeks a decree for 300 g.p.m. (0.66 c.f.s.) for all municipal uses, including without limitation, irrigation, domestic, manufacturing, commercial, industrial, mechanical, fire protection, power generation, fish and wildlife propagation, recreational, aesthetic; exchange, replacement, or augmentation; storage for system balance and adjustment in connection with any and all uses proposed herein with a date of appropriation of July 27, 1978. The time for filing opposition to this Application will expire on October 31, 1978. To date, no opposition has been filed. The Wright Water Engineers' report of October 5 raised three points relative to the development of a legal water supply which require additional discussion: 1. The effect of an increase in depletions to the Spring Valley aquifer by aquifer water rights senior to the Los Amigos water rights. See discussion at page 5, Wright Water Engineers' report of October 5, 1978. 2. The effect of a potential lowering of the water table. See discussion at paragraph 3, page 6, Wright Water Engineers' report of October 5, 1978. 3. A possible need for augmentation in the future due to reduced runoff flows down Red Canyon. See discussion at paragraph 1 and 2, page 6, which report of October 5, 1978... Based on the technical data set forth in Mr. Lorah's reports, it is our judgment that these potential concerns do not diminish the legal basis of the proposed water supply. First, although some increase in aquifer depletions by senior rights may occur, an increase in actual depletions in an amount that would diminish Los Amigos diversions (e.g., an increase from 100 acre-feet per year to over 1,215 acre-feet per year) would constitute an unlawful enlargement of use by senior rights, not permitted JOHN D. MUSICK, JR. STEPHEN T. WILLIAMSON ALAN E. SCHWARTZ LOYAL E. LEAVENWORTH JOSEPH A. COPE SUE ELLEN HARRISON WILLIAM T. SMITH, JR. KEVIN L. PATRICK MC .CK, WILLIAMSON, SCHWART. LEAVENWORTH & COPE, P.C. ATTORNEYS AT LAW 75 MANHATTAN DRIVE - SUITE 1 P.O. BOX 4579 BOULDER, COLORADO 80306 TELEPHONE (303) 4993990 (COLO) I -800 332.2 140 October 6, 1978 Glenwood Springs Mr. Robert A. Witkowski, Director Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Re: Los Amigos Ranch Water Rights Dear Bob: Our firm retained for Wright Water proposed Los GLENWOOD SPRINGS OFFICE 1011 GRAND AVENUE GLENWOOD SPRINGS. CO. 81601 TELEPHONE (303) 945-8513 represents Mr, Robert W. Chatmas, We were the purpose of developing, in conjunction with Engineers, Inc., a legal water supply for the Amigos Ranch development. We have worked closely with Wright Water Engineers in the preparation of the Water Resource Investigation, dated October 5, 1978, which appears as Exhibit 1 to this application for rezoning. We concur in the analysis and conclusions set forth in the Water Resource Investigation. WATER RIGHTS A. Los Amigos Well No. 5 The Los Amigos Ranch owns the 1963 Los Amigos Well No. 5 water right. This water right was decreed on July 23, 1974, in Case No. W-2156, Water Division No. 5 (copy of decree attached) for 300 g.p.m. (0.66 c.f.s.) for municipal, commercial, domestic, and industrial use with a date of appropriation of August 22, 1963. This water right will be utilized in the Los Amigos water supply system as outlined in the Wright Water Engineers report of October 5, 1978. It is my opinion no action in the Water Court will be necessary in order to use the Los Amigos Well No, 5 as set forth therein. EXHIBIT 4 • • HOLY CROSS ELECTRIC ASSOCIATION, INC. 1301 GRAND AVENUE P. O. DRAWER 250 GLENWOOD SPRINGS, COLORADO 81601 March 13, 1979 Mr. Richard Dart Moffatt Associates 1315-1/2 Grand Avenue Glenwood Springs, CO 81601 AREA CODE 303 945 - 5491 945 - 6056 RE: Los Amigos Ranch, Garfield County Dear Mr. Dart: The above mentioned development is within the certificated service area of Holy Cross Electric Association, Inc. Holy Cross Electric Association, Inc. has an existing substation near Basalt, Colorado, capable of providing the necessary power for Filing 1 of the development, subject to the tariffs, rules and regulations on file with the Public Utilities Commission of the State of Colorado, and to appropriate contractual agreements with Holy Cross Electric Association, Inc. At this time, Holy Cross Electric does not have distribution facilities to the subject area capable of providing more than a small portion of the electric load anticipated for the whole development. Holy Cross Electric and Colorado -Ute Electric Association are presently involved in the planning of a new Carbondale substation, which when built, will provide sufficient power to the total proposed development. Holy Cross Electric will alter, enlarge, and/or extend the existing distribution lines to the required locations, subject to its Line Extension Policy on file with the Public Utilities Commission of the State of Colorado. Please contact me if you have any further questions. Sincerely, HOLY CROSS ELECTRIC i SOCIATION, INC. Jeff ey/A. Franke Engineering Technician JAF:lsz cc:79-7729:Los Amigos Ranch EXHIBIT 6 • • Mountain Bell 1429 Grand Av Glenwood Springs, Colorer do Narch 14, 1979 Sundcs:i_ n Architects 1315 Grand Av Glenwood Springs, Colorado 81601 Dear Sirs, This letter is to state that iiounLain dell is the serving telephone company for the Glen.00d Springs area and i11 be providing telephone communication services for the Los Amigo's Ranch development nes r Colorado Piounta.in College. Y2Mr_s truly, Paul G Patterson Manager EXHIBIT 7 KKBNA Scarrow Walker Incorporated Consulting Engineers Land Surveyors G,i ��d ��i.: ink .�� •� r;pt • • HcI 1 D .`".r rr�w !,1a roe S Gh1' i7 R, h r! A 1Aar sed. Description A parcel of land situated in part of Section 5, part of the East Half of Section 6, and part of Government Lot 4 in Section 8, all in Township 7 SOuth, Range 88 West of the Sixth Principal Meridian in the County of Garfield, State of Colorado. Said parcel lying westerly and northwesterly in part of the "Westerly Line" of County Road Number 114 (College Road) as described in Document Number 274609 (being Book 488, at Page 920) as on file in the Garfield County Records, (NOTE: The bearings on said "Westerly Line" have been rotated for this description 00°12'12" right to match basis of bearings) northeasterly, in part, of the centerline of a 30.00 foot sanitary sewage trunk line easement, southerly, in part, of a 100.00 foot power line easement, westerly, in part, of the Westerly Line of a parcel of land as described in Document Number 256352 (being Book 438, at Page 540) as on file in the Garfield County Records, and southerly, in part of the northerly Line of. said Section 5. Said parcel being more particularly described as follows: Beginning at the North Quarter Corner of said Section 5, a stone corner found in place; thence S. 89°43'26" E. 650.89 feet along the North Line of said Section 5 to the "True Point of Beginning"; thence S. 89°43'26" E. 2030.89 feet to the Northeast Corner of said Section 5, a cedar post found in place; thence S. 00°04'37" W. 2685.36 feet along the easterly line of said Section 5 to the East Quarter Corner of said Section 5, a brass cap found in place; thence S. 00°32'12" W. 1445.52 feet along the easterly line of said Section 5 to a point on the "Westerly Line" for said College Road; thence leaving -the easterly line of said Section 5, S. 72°19'48" W. 613.04 feet along said"Westerly Line"; thence S. 64°22'32" W. 392.30 feet along said "Westerly Line"; thence S. 44°10'50" W. 132.65 feet along said "westerly Line"; thence S. 32°19'12" W. 1473.78 feet along said "Westerly Line"; thence S. 15°10'20" W. 144.01 feet along said "Westerly Line"; thence S. 03° 24'30" W. 236.16 feet along said "Westerly Line" to a point on the centerline of said 30.00 foot sanitary sewer trunk line easement; thence, leaving said "Westerly Line", N. 62°02'06" W. 76.11 feet along said centerline; thence N. 68°42'34" W. 284.75 feet along said centerline; thence N. 28°12'44" W. 392.49 feet along said centerline; EXHIBIT 8 • • Description Page Two thence N. 03°45'18" E. 222.69 feet along said centerline; thence N. 17°45'09" W. 310.70 feet along said centerline; thence N. 43° 05'32" W. 228.37 feet along said centerline; thence N. 54°43' 45" W. 277.91 feet along said centerline; thence along said center- line along a curve to the left, having a radius of 356.04 feet and a central angle of 34°12'04", a distance of 212.53 feet (chord bears N. 78°57'54" W. 209.39 feet) to the point of terminus of said 30.00 foot easement centerline; thence leaving said 30.00 foot easement centerline, N. 72°52'00" W. 50.00 feet, more or less; thence S. 58°54'00" W. 255.00 feet; thence N. 68°15'00" W. 235.00 feet; thence S. 87°51'00" W. 1680.00 feet; thence N. 26°04'00" W. 595.00 feet; thence N. O1°43'00" E. 390.00 feet, more or less, to a point on the southerly line of said 100.00 foot power line easement; thence N. 88°09'00" W. 1760.00 feet, more or less, along the southerly line of said 100.00 foot power line easement; thence, leaving said southerly line N. 22°18'00" W. 420.00 feet, more or less; thence N. 27°32'00" E. 795.00 feet; thence N. 54° 37'00" E. 565.00 feet; thence N. 49°16'00" W. 640.00 feet; thence N. 10°21'00" W. 515.00 feet; thence S. 87°30'00" E. 260.00 feet; thence N. 46°34'00" E. 190.00 feet; thence N. 28°59'00" E. 550.00 feet; thence N. 56°30'00" E. 710.00 feet; more or less, to a point on the northeasterly right-of-way line for a road called Drive "A"; thence southeasterly 1960.00 feet, more or less along said right-of-way line for Drive "A" to a point being also on the northwesterly right-of-way line of a road called Lane "E"; thence leaving said right-of-way line for Drive "A" northeasterly 2340.00 feet more or less along said right-of-way line for Lane "E" to a point on the cul de sac for said Lane "E"; thence leaving said right-of-way line for Lane "E" N. 10°56'00" E. 300.00 feet; thence S. 49°18'00" E. 910.00 feet; thence S. 12°13'00" E. 1165.00 feet; thence S. 47°13'00" E. 440.00 feet; thence N. 88°26'00" E. 490.00 feet, more or less to a point on the westerly right-of-way line for a road called Lane "D"' thence northerly along said right-of-way line for Lane "D" 1520.00 feet, more or less, thence, leaving said right-of-way line for Lane "D", N. 51°40'00" W. 200.00 feet; thence N. 01°27'00" E. 675.00 feet, more or less to the "True Point of Beginning". Save and except all those lands in the following two parcels which lie within the above described parcel. 1. All those lands as described in said Document Number 256352 (being Book 438 at Page 540), as on file in the Garfield County Records. • . Description Page Three 2. A parcel of land situated in part of Government Lots 6, 10, and 11 in Section 5, Township 7 South, Range 88 West of the Sixth Principal Meridian, in the County of Garfield, State of Colorado. Said parcel lying north- westerly of the northwesterly right-of-way line for County Road Number 114 (College Road), being 30.00 feet from and parallel to the centerline of said County Road as constructed and in place. Said parcel being more particularly described as follows: Beginning at the Northeast Corner of Section 8 in said Township and Range, a stone corner found in place and properly marked; thence N. 60°02'19" W. 1048.55 feet to a point on said northwesterly right- of-way line, the True Point of Beginning; thence, leaving said right-of-way line, S. 89°05'04" W. 360.82 feet; thence S. 72°41'46" W. 501.54 feet; thence N. 15°30'40" W. 389.18 feet; thence N. 72°37'24" E. 298.91 feet; thence N. 57°46'36" E. 989.84 feet; thence S. 25°44'45" E. 539.32 feet to a point on said north- westerly right-of-way line; thence S. 67°49'48" W. 103.37 feet along said right-of-way line; thence 352.79 feet along the arc of a curve to the left along said right- of-way line, having a radius of 554.35 feet and a chord which bears S. 49°35'54" W. 346.87 feet; thence S. 31°21'59" W. 102.51 feet along said right-of-way line to the True Point of Beginning. Said parcel containing 14.63 acres, more or less. Said parcel containing 570 acres more or less. Bearings for this description were based on a bearing of S. 88° 54'23" E. between the Northwest Corner of Section 5, Township 7 South, Range 88 West of the Sixth Principal Meridian and the North Quarter Corner of said Section 5. KKBNA/SCARROW AND WALKER, INC. 1001 Grand Avenue Glenwood Springs, CO 81601 May 30, 1979 ASPEN OFFICE P 0 BOP 8028 ASPEN COLORADO 81611 CHEYENNE OFFICE 3228 LOCUST DR168 CHEYENNE, WYOMING 82001 GLENWOOD SPRINGS OFFICE P.0 BOX 1286 GLENWOOD SPRINGS. COLORADO 81601 STEAMBOAT OFFICE P.0 BOX 3220 STEAMBOAT VILLAGE. COLORADO 80499 ! • WRIGHT WATER ENGINEERS, INC. ENGINEERING CONSULTANTS 2420 ALCOTT STREET DENVER, COLORADO 80211 (303) 458-6201 Glenwood Springs Tel. 945-7755 Mr. Rodney Anderson Vice President, West Campus Colorado Mountain College Glenwood Springs, CO 81601 Dear Mr. Anderson: March 14, 1979 K ENNFLH R v.RIGHT WIIIIAM L LORAH RUSSELL F DARR RICHARD D JOHNSON 1 CRAIG GREEN H RAY NFwMYER MARILYN M 510885 RALPH L TOREN FRANK 1 TRELEASE RE: Spring Valley Sanitation District The purpose of this letter is to propose modifications to the existing CMC sewage plant to provide adequate waste water treatment on a short term basis for the immediate needs of CMC, Los Amigos and Lake Springs Ranch. In addition, it is proposed that the three entities develop a plan of action to create a Spring Valley Sanitation District (or other entity) to meet the ultimate waste water treatment needs of the area. CMC's waste water treatment plant needs some modifications at the present time to meet State requirements. Los Amigos and Lake Springs Ranch, proposed housing developments adjacent to CMC, desire to provide central sewage collection and treatment facilities. Since the State Health Department will encourage (eventually probably force) the two developments to join CMC in a common waste water treatment facility, it is proposed that the three entities work to develop a long range solution to the area's sewage needs. These needs will most likely be met with one treatment facility. That facility can be operated by CMC, or it can be operated by a Sanitation District or other entity. At this time Wright Water Engineers believes that the existing CMC facilities can be modified to accommodate the immediate (1980) needs of CMC, Los Amigos and Lake Springs Ranch. We believe the long term solution to the area's needs will require major improvements in the present facilities to meet the 1985 EPA standards. Wright Water Engineers is in the process of developing a phased service plan for sewer services for the southern portion of Spring Valley. This service plan can be used to establish a Sanitation District. We are trying to complete a preliminary draft of a service plan in the next week so it can be presented to the CMC Board of Directors at their March meeting. Since the formation of a district will require careful consideration and much time by all parties, it is proposed that a temporary agreement be reached between the college, Los Amigos and Foster Petroleum whereby the CMC facilities will treat on an interim basis Los Amigos and Lake Springs Ranch sewage under the following conditions: EXHIBIT 10 • • Mr. Rodney Anderson -2- March 14, 1979 1. Los Amigos will not add more than 96 apartment units to the interim system. 2. Foster Petroleum will not add more than 20 single family units to the interim system. 3. Los Amigos and Foster Petroleum will develop plans to modify the CMC plant to adequately handle CMC's existing needs and their own short term needs. 4. Los Amigos and Foster Petroleum will obtain State approval for such modifications for the interim. 5. A11 3 parties will diligently work toward a mutually agreeable long term plan to meet the area's waste water treatment needs. If Los Amigos and Foster Petroleum are to commit to provide housing in the fall of 1979, we believe a written agreement must be reached in the near future. This agreement would incorporate the items mentioned above. Please don't hesitate to contact us if you have any questions. Very truly yours, WRIGHT WATER ENGINEERS, INC. BY W-cl-e6arrn William L. Lorah WLL:ep cc: Rob Chatmas Duncan Sinnock 781-67 cacRArxD M\TA \ caLE - WEST CAMPUS-GLENWOOD SPRINGS, COLORADO 81801 303/945-7481 March 19, 1979 Garfield County Commissioners Garfield County Court House Glenwood Springs, Co 81601 Dear Sirs: This is to advise that Colorado Mountain College and Los Amigos Ranch are continuing to cooperatively explore the possibilities of a common waste water treatment facility to serve both entities. Sincerely, Xtodney D. Anderson Vice President - West Campus sg EXHIBIT 11 1 rt. IN Tiu; I)1:;TR1(:'I' •COURT 1N Aimh OR WATER 1)I V 1:.;10N (10. 5 IIF STATE O1' COLORADO CASE NO. w-2156 IN THE HATTER 01' TUE APPLICATION F01i WATER RIGHTS OF SUNLIGHT PARTNERSHIP IN THE ROARING . FORK •RIVER OR ITS TRIBUTARIES TRIBUTARY INVOLVED: IN GARFIELD COUNT'( , 1 , or cc:1 Los Amitos Well No. RULING OF THE REFEREE ABSOLUTE DECREE FOR UNDER GROUND WATER RIGHTS And ,the Referee having made the investigations required by Article 211of Chapter i18, C.R.S. 1963, as amended docs hereby make the following ruling, to wit: 5.. This application was referred to the Water Referee of Water Division No. 5 on the 4th day of January, YagAX 1974. 1. Narne of Applicant Sunlight Partnership 1776 S. Jackson Street; Denver, Coloradf ' Address 2. The name of the structure is Los Amigos Well No. 5. 3. The Legal description of the structure is : The well is located in Lot 6, Section 5, T. 7 S., R. 88 W. of the 6th P.M. at a point whence the East Quarter Corner of said Section bears N. 41°07'43" E. 974.55 feet. 4. The depth of the well is 260 feet. 5. The date of initiation of appropriation is August 22, 1963. 6. The amount of water claimed is 0.66 cubic foot per second of time. 7. The use of the water is municipal, commercial. industrial. 8. The State Engineer's number is 18147. 9. The Priority date is August 22, 1963. 10. The date of the application was 07.r4 domestic, December 28, 1973. It is the ruling of the Referee that the statements in the application are true and that the above described water right is approved and granted the indicated priority; subject, however, to all earlier priority rights of others. Itis accordingly ordered that this ruling shall become effective upon filing with the Water Clerk, subject to Judicial review as provided by law. Done at the City of Glenwood Springs, Colorado this f 4i2- day of AdVi r/eL , 197' • No protest :-as filed in thi." rnt.tcr• . The foregoing ruliiir, is confirmed and aprroved, and is made the Judgment and Decree of this court. EXHIBIT 12 Aw AgOrttcr Referee Water Divi:;ion No. 5 State of Colorado 8w. of T/L 'E 67/-! P M .e/9S7- CaeNE,e SECT/ON OT log Cszrc. s) Z OS /114/GOS WELL NO. S MAP OF .LOS AMIGOS WELL NO. 5 GARFIELD COUNTY COLORADO Said well is situated in Lot 6 of Section 5, Township 7 South, Range 88 West of the Sixth Principal Meridian locatedat a point whence the East Quarter Corner of said Section 5 bears: N.41°07'43 ".E. 974.55 feet. SCARROW AND WALKER, INC. 'Robert A. Wamsley Registered Land Surveyor / 'i ' IINEE KKBNA Scarrow Walker Incorporated Consulting Engineers Land Surveyors 1001 Grand A,enue Glenwood Springs Colorado 81601 303 945 8664 • Leroy E Tobler Robert D. Scarrow Martin S Oldlord Robert A Wemsley LEGAL DESCRIPTION OF LOS AMIGOS RANCH LAND TO BE INCLUDED IN PROPOSED SPRING VALLEY SANITATION DISTRICT A parcel of land situated in part of Government Lot 4 in Section 8, Township 7 South, Range 88 West of the Sixth Principal Meridian, Government Lots 4 and 6 of Section 6 in said Township and Range, Section 5 of said Township and Range, and Government Lot 7 and the SE4SE4 of Section 32, Township 6 South, Range 88 West of the Sixth Principal Meridian, and Government Lots 18 and 19 in Section 33 of said Township 6 South, Range 88 West. A11in the County of Garfield, State of Colorado. Said parcel lying westerly and northwesterly of the "Westerly Line' of County Road Number 114 (College Road) as described in Document Number 274609 (being Book 488, Page 920) as on file in the Garfield County Records; (NOTE: The bearings on said "Westerly Line" have been rotated for this description 00°12'12" right to match basis of bearings) northeasterly, in part, of the centerline of a 30.00 foot sanitary sewage trunk line easement. Said parcel being more particularly described as follows: Beginning at the Northeast Corner for said Section 8, a stone corner, found in place, and properly marked; thence N. 09°41'40" E. 1134.05 feet to a point on said "Westerly Line" of County Road Number 114, said point being also on the easterly line of said Section 5, the True Point of Beginning; thence, leaving said easterly line, S. 72°19'48" W. 613.04 feet along said "Westerly Line"; thence S. 64°22'32" W. 392.30 feet along said "Westerly Line"; thence S. 44°10'50" W. 132.65 feet along said "Westerly Line"; thence S. 32° 19'12" W. 1473.78 feet 1473.78 feet along said "Westerly Line"; thence S. 15°10'20" W. 144.01 feet along said "Westerly Line"; thence S. 03°24'30" W. 236.16 feet along said "Westerly Line" to a point on the centerline of said 30.00 foot sanitary sewer trunk line easement; thence, leaving said "Westerly Line", N. 62°02'06" W. 76.11 feet along said centerline; thence N. 68°42'34" W. 284.75 feet along said centerline; thence N. 28° 12'44" W. 392.49 feet along said centerline; thence N. 03°45'18" E. 222.69 feet along said centerline; thence N. 17°45'09" W. 310.70 feet along said centerline; thence N. 43°05'32" W. 228.37 feet along said centerline; thence N. 54°43'45" W. 277.91 feet along said centerline; thence along said centerline along a curve to the left, having a radius of 356.04 feet and a central angle of 34°12'04", a distance of 212.53 feet (chord bears N. 78°57'54" W. 209.39 feet) to the point of terminus of said 30.00 foot easement centerline; EXHIBIT 14 • • LEGAL DESCRIPTION OF LOS AMIGOS RANCH LAND TO BE INCLUDED IN PROPOSED SPRING VALLEY SAN. DISTRICT PAGE TWO thence, leaving said centerline S. 73°08'00" W. 440.00 feet; thence N. 27°41'00" W. 1970.00 feet; thence N. 00°18'00" E. 320.00 feet; thence N. 79°25'00" W. 360.00 feet; thence N. 47°10'00" W. 1430.00 feet; thence N. 62°18'00" W. 970.00 feet; thence N. 10°32'00" E. 470.00 feet; thence N. 72°00'00" E. 720.00 feet; thence S. 35°35'00" E. 1620.00 feet; thence N. 32°06'00" E. 2150.00 feet; thence S. 43°31'00" E. 890.00 feet; thence S. 22°10'00" E. 840.00 feet; thence S. 89°41'00" E. 430.00 feet; thence N. 16°37'00" E. 1724.19 feet to the northerly line of said Section 5; thence S. 89°43'26" E. 620.25 feet along said northerly line to the southwesterly corner of the SE;SE' of said Section 32; thence leaving said northerly line N. 01°48'29" E. 2601.65 feet along the westerly lines of said SE;SE; and Government Lot 7 of said Section 32; thence, leaving said westerly line S. 89°00'23" E. 139.01 feet along said Lot 7 boundary; thence S. 01°41'27" W. 475.48 feet along said Lot 7 boundary; thence S. 87°15'05" E. 1179.82 feet along said Lot 7 boundary; to a point on the easterly line of said Section 32; thence S. 01°14'01" W. 2073.04 feet along said easterly line to the Southeast Corner of said Section 32; thence, leaving the easterly line of said Section 32, S. 00°04'37" W. 2685.36 feet along the easterly line of said Section 5 to the East Quarter Corner of said Section 5; thence S. 00° 32'12" W. 1445.52 feet along the easterly line of said Section 5 to the True Point of Beginning. Also including all of Government Lots 18 and 19 of Section 33, Township 6 South, Range 88 West of the Sixth Principal Meridian. Save and except all those lands as described in Document Numbe 256352 (being Book 438 at Page 540),as on file in the Garfield County records, which lie within the above described parcel. Said parcel containing 529.66 acres, more or less. KKBNA/SCARROW AND WALKER, INC. 1001 Grand Avenue Glenwood Springs, CO 81601 May 15, 1979 Lincoln DeVore 1000 West Fillmore St. Colorado Springs, Colorado 80907 (303) 632-3593 Home Office Exhibit 15 Summary of Preliminary Percolation Tests Completed by Lincoln-DeVore on May 27, 1979 Rate Test Number Minutes Per Inch Notes 1 75 Stiff Clay 2 10 Basalt at 9 feet 3 45 Basalt at 7 feet 4 40 Silty Clay 5 15 Clayey Sand Respectfully submitted, LINCOLN-DeVORE 'TESTING LABORATORY, INC. 1 ( InT-41 Michael T. Weaver Professional Geologist MTW/kmp 2700 Highway 50 West Pueblo, Colo 81003 (303) 546-1150 P O Box 1427 Glenwood Springs, Colo 81601 (303) 945-6020 109 Rosemont Plaza Montrose, Colo 81401 (303) 249-7838 EXHIBIT 15 P.O. Box 1882 Grand Junction, Colo 81501 (303) 242-8968 P.O. Box 1643 Rock Springs, Wyo 82901 (307) 382-2649 SUNDESIGNS ARCHITECTS SEWAGE TREATMENT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 1979, among COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT, a junior college district organized under the Colorado statutes (the "College"), and the owners of the LOS AMIGOS RANCH P.U.D.: ROBERT W. CHATMAS, JAMES A. R. JOHNSON, and THOMAS E. NEAL (colletively "Los Amigos"). RECITALS The College owns the real property described on Exhibit "A," attached hereto and incorporated herein by this reference (the "College Property"), upon which it is presently operating a sewage treatment facility serving the College operations. This sewage treatment facility is incomplete and is not adequate in its present condition for the College's long-term needs. The Los Amigos Ranch P.U.D. is adjacent to the College Property, and its owners desire to develop the property primarily for residential purposes, and to provide a community sewer system and a community sewage treatment facility for that portion of said property described on Exhibit "B" attached hereto and incorporated herein by this reference (the "Los Amigos Sewered Property"). The topography of the two properties and the location of the Los Amigos Sewered Property indicates that it is feasible and economical to treat the sewage from the two properties at the location of the existing treatment facility on the College Property. Los Amigos has the necessary approvals to commence construction upon its development during the 1979 building season. Los Amigos is willing to cause the draft Service Plan dated May 18, 1979, prepared by Wright -McLaughlin Engineers, EXHIBIT 9 • • to be revised to exclude the Lake Springs development from the proposed District boundaries. It is intended by the parties hereto that a sanitation district to be named the Spring Valley Sanitation District (the "District") be organized under C.R.S. 1973, Sec. 32-4-101 et seq., as amended, whose service area would be the area within the external boundaries of the College Property and the Los Amigos Sewered Property combined, as shown on the draft Service Plan prepared by Wright -McLaughlin Engineers, dated May 18, 1979 (the "Plan"), incorporated herein by reference, but whose district boundaries would be the boundaries of the property described on Exhibit "C," attached hereto and incorporated herein by this reference The College desires to commence a sewage treatment facility operators' training program, utilizing the present and future facilities which are the subject of this agreement. The College is willing to permit its present sewage treatment facilities to be upgraded and expanded to provide sewage treatment services to the two properties and to convey its facilities in a manner which recognizes the curriculum potential of the facilities for the College's sewage treatment facility operators' training program. The College also recognizes that the facilities and improvements to be con- structed, as generally outlined in the Plan, will enhance the educational experience of the College's sewage treatment facility operators' training program. The College has reviewed the Plan and the capital improvements discussed in the Plan and conceptually agrees with and approves of the preliminary design of Phase 1, 2, 3, and 4 capital improvements set forth in the Plan. The College understands that the final Service Plan to be prepared by Los Amigos will delete the Lake Springs Ranch property from the District's boundaries but will in all other material aspects be similar to the draft Service Plan. -2- • • The College has need of additional student housing and Los Amigos is willing to commence construction upon an apartment project which will be rented with availability preference to students and staff of the College in the renting of such apartment units. The Governing Committee of the College has found and determined that the real property or interests in real property hereinafter described to be leased and the facilities hereinafter to be sold and conveyed are not needed by the College in the foreseeable future for any purpose authorized by law, except as provided for herein and on the terms and conditions provided for herein. NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual terms, covenants, and conditions contained herein, the parties agree as follows: 1. Interim Commitment. (a) The College agrees to permit 96 residential apartment units, to be built and owned by Los Amigos, to be connected to its sewage treatment facility as needed, as soon as the upgrading of the College lagoons and the installation of the trunk sewer is accomplished by Los Amigos at Los Amigos' expense as described in the draft Service Plan prepared by Wright -McLaughlin dated May 18, 1979 (hereinafter "Phase I improvements"). Los Amigos agrees that it will contract for the Phase I improvements to be completed as soon as reasonably practicable, and that it will pay the cost thereof. (b) Los Amigos agrees that prior to commencement construction it will submit the plans and specifications for the Phase I improvements to the College for its review and approval. Upon submittal to the College, the College shall, within fifteen (15) days, advise Los Amigos in writing that it approves of the plans and specifications or that it disapproves of the plans and specifications stating with specificity the reason(s) for disapproval; provided, however, that in the event the College fails to advise Los Amigos in writing of its decision within the fifteen (15) day time period, the College's approval shall be conclusively presumed. The College's approval shallnot be unreasonably withheld; it being the intent of the parties that: the College be given the opportunity for input at the final design stage; and that Los Amigos rely on the College's conceptual approval of the Phase I improvements and on approval(s), if any, of the Phase I improvements that may hereafter be given by local, state, or federal governments or agencies with jurisdiction over the subject matter. (c) In the event the College disapproves the plans and specifications, the College shall cooperate with Los Amigos to the greatest extent possible to resolve the College's concern(s) as expressed in the reason(s) for disapproval. Upon resubmittal by Los Amigos of the revised plans and specifications to the College, the procedure set forth in subparagraph (b) of this paragraph shall apply. In the event that the College has not approved the plans and specifications for the Phase I improvements within either: forty-five (45) days from the date hereof, or within the fifteen (15) day review period set forth in subparagraph (b) which commenced before the end of the forty-five (45) day term, whichever is later; then this entire Agreement shall be deemed null and void and of no further force and effect whatsoever. (d) Before commencement of construction, Los Amigos agrees that it will deposit into an escrow account with a bank or other disbursing agent mutually satisfactory to the parties hereto, a sum of money • • equal to the contract amount for the Phase I improvements, to be disbursed by the disbursing agent upon pay estimates signed by the Contractor and the Los Amigos consulting engineers. As additional security, Los Amigos represents and warrants to the College that it presently has upon deposit with Garfield County a Letter of Credit, the condition for release of which is the completion of the Phase I improvements, together with other improve- ments associtated with the Los Amigos PUD Development. 2. Conveyance to District. The College is willing to lease its land and sell its facilities to the District, referred to in Paragraph 4, infra, within thirty (30) days after it is formed, upon the following terms and conditons: (a) The District must agree to provide sewerage services to the College to meet the College's existing and future needs, for as long as the College may request, and that the service charges for such sewerage service will be calculated to include a fair amount for the cost of operation and maintenance of the facilities, and will not include any profit nor any amount to retire capital indebtedness or investment until necessary for, and then only to the extent of, the capital required for installation of the Advanced Waste Treatment (AWT) facilities. It is expressly agreed and understood that Los Amigos' agreement to provide sewerage services to the College includes the provision of sewerage services to others, such as Pinion Alps, to whom the College has heretofore contractually agreed to provide sewerage service; provided, however, that the service charges for such sewerage service to others shall be the obligation of the College, and the College agrees to pay said charges to Los Amigos; provided further that the College may charge and collect for such sewerage service in whatever manner as the College in its sole discretion desires. -5- (b) The District must agree that with respect to the College's existing level of sewerage use the College will not be charged a system development fee, since the College is presently on-line with an operating system which it is conveying to the District; provided, however, that if the State or other applicable govern- mental authority requires additional improvements with respect to the existing level of use because of new technical or environmental requirements not in existence when the Phase I improvements are installed, the College agrees to pay the cost allocable to its use. The College agrees that it will be charged a system development fee with respect to sewage treatment services needed beyond its existing level of use. The District must agree that the College will never be required to pay special service fees or mill levies; provided, however, that the District may require other users to pay such levies or charges. All other property owners who connect to the system within the service area will be charged system development fees; (c) In consideration for the College's agreement to pay system development fees for sewerage services beyond its existing level of use, the District agrees to undertake such capital improvements as are necessary and appropriate to provide sewerage service for the College's future needs, consistent with economic and engineering feasibility, with the final Service Plan, and with approvals of said capital improvements by appropriate federal, state, and local governments and agencies. The College agrees to provide the District reasonable notice of its anticipated needs to facilitate the planning of said capital improvements; and (d) The District must agree to the following terms and conditions with respect to the lease of the College's land and the sale of the existing College sewerage facilities, together with an easement for the discharge of effluent across lands owned by the College, if and when necessary and required, from the treatment facility to Cattle Creek, easements for vehicular access to the treatment facility, and for electrical power and other utilities. To the extent reasonably practicable, the Phase I improvement trunk sewer will be located within the existing staked right-of-way. (i) The College will lease to the District the land, containing approximately four (4) acres, upon which its present sewerage treatment facilities are located; it being agreed by the parties that Los Amigos, shall at its sole expense, have a survey of the existing fence lines around the plant site performed and that the property leased shall be the property so surveyed. Said lease shall also include such adjacent land, up to a maximum of four (4) acres, as is reasonably required in the future for the secondary treatment facilities to be generally located westerly of the existing plant site and also such additional land generally located westerly of the plant site, up to a maximum of twenty-five (25) acres, as is reasonably required in the future for winter storage of effluent, for infiltration areas and for land treatment, all as shown by the final design plans for such improvements as approved by the Colorado State Department of Health. Said lands shall be leased for a lease term of fifty (50) years, together with an option to renew -7- • • for an additional fifty (50) years, for $1.00 per year rental, by lease instrument containing appropriate and customary anti -waste, insurance, indemnification, anti -nuisance, and maintenance and repair provisions and authorizing the future expansion of the facilities in a manner generally consistent with the final Service Plan. At such time as the additional land is needed and will actually be used for the purposes authorized herein, the District agrees to provide, at its sole expense, a survey of the property to be so used. (ii) The existing sewerage facilities owned by the College shall be conveyed to the District by good and sufficient general warranty deed and/or bill of sale, as appropriate, subject to the following terms and conditions: (A) The District's commitment to cause any future expansions of the sewage treatment facilities to be done in such a way as to maximize their use in the College's operator training program, if any, consistent with the interests of the District and with the maintenance of high quality operations and the compliance with State standards, and subject to the College's willingness to pay any increased costs associated with the operator training aspects of any such expansions. Prior to the installation of additional capital improvements on the land, the designs for the capital improvements must be submitted to the governing board of the College, in order to permit the College to fully explore operator training aspects of the improvements at the planning stage. -8- • • (B) The District's commitment to permit the College to operate the facilities in connection with its operator training program, if any, at no cost for labor for the work of College employees and students, but utilizing the District -purchased utilities services, materials, chemicals, and such other items as may normally be required for conventional operation of the treatment facility, or the District's commitment that in the event the College elects, from time to time, not to operate the system, the District superin- tendent shall so operate the system as to make it convenient for the College to conduct operator training on the site. (iii) At the closing, the College shall convey to the Districtt the existing improvements by good and sufficient general warranty deed and bill of sale, as appropriate. Except as provided for in subparagraph (iv) of this paragraph, title shall be merchantable in the College, free and clear of any lien or encumbrance except easements and rights-of-way for utilities and drainage as shown on the survey to be provided by Grantee, and reservations and restrictions of record. Title shall be subject to no tenancies or use rights of any kind, except the land lease provided for elsewhere herein. After closing, Seller shall provide Purchaser a title policy issued to the commitment showing merchantable title in the Grantee, as described above and except as modified in the manner provided for in subparagraph (iv) of this paragraph, subject to no tenancies or use rights of any kind other than the land lease provided for herein. -9- • • (iv) As soon as reasonably possible, Los Amigos shall, at its sole expense, provide the College with a survey of the property to be leased to the District. The College, at Los Amigos' expense, and within twenty (20) days after receipt of said survey, shall provide to the Grantee a preliminary title commitment, issued by a title insurance company authorized to do business in the State of Colorado, for owner's and leasehold coverage in standard ALTA Form B. The College shall notify Los Amigos in writing of any and all liens, encumbrances, restrictions, reservations, or other defect in title, excepted from said commitment. Los Amigos shall, within ten (10) days of said notice, advise the College that is willing to accept title subject to the exceptions or that it objects to the exception(s), specifying with particularity the exception(s) which must be removed. In the event Los Amigos objects, the College shall have thirty (30) days to correct said defect(s) in title; provided that if said defect(s) are not removed within the time provided, Los Amigos may, at its sole option, either: (1) waive its objection(s) and the parties shall proceed as provided in this Agreement; (2) declare the Agreement null and void except as to the provisions of Paragraph 1, and the parties shall proceed as provided for in Paragraph 6; or (3) declare the entire Agreement null and void and of no further force and effect whatsoever. The title commitment and the policy issued thereunder shall have standard exceptions with respect to mechanic's liens, rights of parties in possession, easements not shown by public records, discrepancies, conflicts -10- • • in boundary lines, shortage in area, encroachments, and any facts which a correct survey and visual inspection of the property would disclose, deleted by endorsement; provided, however, that Los Amigos shall, at its expense, provide the information or data required for said deletion and pay the cost of said endorsement or, at its sole option, treat the standard exception(s) as a defect in title to which it objects, in which case the parties shall proceed as provided in this subparagraph (iv). Copies of all documents pertaining to such exceptions and other interests required to be eliminated must be attached to the commitment. 3. Student Housing. It is the intent of the parties hereto that the students and staff of the College shall, for a period of ten (10) years from the execution date hereof, be given an availability preference by Los Amigos to the apartment units completed during the 1979 building season. Los Amigos shall determine the teams and conditions of leases for said apartment units, and Los Amigos shall rent said units in the following manner: A. In the event two or more persons (or groups of persons) with equal qualifications make application to Los Amigos for occupancy of any such apartment unit, the person who is a member of the staff or student body of the College shall be accorded the right to lease the apartment unit. B. In the event a staff member or student has entered into a lease of an apartment unit as provided for herein, that person shall, absent good cause shown, be permitted to renew the lease for the unit upon terms and conditions determined by Los Amigos. C. Los Amigos recognizes that members of the College staff and student body have a need to lease said apartment units for a term of less than one year. • • Recognizing this need, Los Amigos agrees, upon request by the student or staff member desiring to enter into a lease for said apartment unit, to lease said unit for a nine (9) month lease term with rent payable in an amount per month which results in an aggregate lease payment equal to the aggregate lease payment of twelve (12) month leases; provided, however, that: (i) The lessee of an apartment unit leased on a nine (9) month term as herein provided shall, subject to the written consent of Los Amigos, be permitted to sublease said unit for a three (3) month period immediately following said nine (9) month term and said sublease rental payments shall be for the sole benefit of the lessee up to a maximum amount equal to rents paid for the three (3) months the apartment was not occupied by the lessee and after said maximum amount has been paid, all rents shall be for the sole and exclusive benefit of Los Amigos; or (ii) The lessee of an apartment unit leased on a nine (9) month term as herein provided may elect not to sublease said unit to Los Amigos, and Los Amigos shall, in this event, make such unit available for use by the College upon such reasonable terms and conditions as Los Amigos may determine and all rents received shall be divided in the following manner: One-half (1/2) to Los Amigos and one-half (1/2) to the lessee up to a maximum amount equal to rents paid for the three (3) months the apartment was not occupied by the lessee; and after said maximum amount has been paid, all rents shall be for the sole and exclusive benefit of Los Amigos. -12- • • 4. District Formation. (a) Los Amigos agrees to use its best efforts to cause the District to be formed as soon as it is reasonably practicable, in accordance with the final Service Plan to be prepared by Wright -McLaughlin Engineers of Denver, Colorado, or other mutually acceptable engineers. (b) Such final Service Plan shall be submitted to the College for its review and approval before the Petition for formation of the District is filed with the Court and before the final Service Plan is submitted for action or approval to any local, state, or federal government or agency. Upon submittal to the College, the College shall, within fifteen (15) days, advise Los Amigos, in writing, that it approves of the final Service Plan or that it disapproves stating with specificity the reason(s) for disapproval; provided, however, that in the event the College fails to advise Los Amigos in writing of its decision within the fifteen (15) day time period, the College's approval shall be conclusively presumed. The College's approval shall not be unreasonably withheld; it being the intent of the parties: that the College be given the opportunity for input on matters which affect or concern the College and its students and staff, its operators' training program, its assets and property, and the quality, quantity, dependability, and reliability of sewerage service to be provided the College by the District; and that Los Amigos rely on the College's conceptually approval of the draft Plan. (c) In the event the College disapproves the final Service Plan, the College shall cooperate with the Los Amigos to the greatest extent possible to resolve the College's concern(s) as expressed in the -13- • • reason(s) for disapproval. Upon resubmittal by Los Amigos of the revised final Service Plan to the College, the procedure set forth in subparagraph (b) of this paragraph shall apply. In the event that the College has not approved the final Service Plan within either: ninety (90) days from the date hereof; or within the fifteen (15) day review period set forth in subparagraph (b) which commenced before the end of the ninety (90) day term, whichever is later; then this Agreement shall be deemed null and void and of no further force and effect whatsoever; provided, however, that Los Amigos shall be entitled to the benefits conferred by paragraph 1, supra, in the manner and upon the terms and conditions provided for in paragraph 6, infra. 5. Conveyance to District. The College's obligation to convey the presently existing sewage treatment facilities, and to lease the land, together with all easements and rights-of-way, is contingent upon the condition that the District assume and agree to all of the obligations to the College provided for herein. It is expressly agreed that Los Amigos by executing this Agreement does not have or agree to assume any obligation whatsoever to perform the obligations of the District as set forth in this Agreement. Los Amigos shall continue to perform the obligation set forth in Paragraph 3. 6. Joint Venture. If for any reason, the District has not been formed before the expiration of six (6) months from the date hereof, unless the parties hereto mutually agree to extend said six (6) month period of time, the parties agree to enter into a Joint Venture to own and operate the then -existing sewage treatment faciities including those portions of trunk sewers located topographically below the point where more than one entity might have connec- • tions thereto, together with all easements and rights-of-way necessary or convenient for the operation thereof, and together with a leasehold estate in the Joint Venture substan- tially similar to that provided for in Paragraph 2 above. The parties hereto agree to transfer to the Joint Venture such facilities, easements, rights-of-way, and the leasehold estate, in accordance with their respective ownership inter- ests, within eight (8) months from the date hereof, upon the same terms and conditions set forth in subparagraphs (2)(d)(iii) and (iv) above, and upon the following additional conditions: (a) The Joint Venture must agree to obtain appro- priate connectors agreements from the College and Los Amigos and the owners of any other property which the Joint Venture permits to connect to the sewage system. (b) Both Venturers must agree to cause to be recorded in the office of the Garfield County Clerk and Recorder covenants running with Ole land affecting the College Property and the Los Amigos Sewered Property, which will create lien rights upon such property to secure enforcement by the owner of the sewerage treatment facilities of its rights under the connectors agreements provided for in subparagraph (a) above. (c) Both Venturers must agree to permit the expansion or upgrading of the existing facilities owned by the Joint Venture as may be required by the future requirements of any applicable governmental authority or as may be required to accommodate the expanding needs of either Venturer for additional sewerage services, and to pay the costs thereof in proportion to its then prior and future use of the joint facilities calculated in an equitable manner. (d) Both Venturers must agree that prior to commencement of construction for the expansion or • • upgrading of the joint facilities, the party or parties participating therein will deposit its share of the construction costs with a mutually agreed upon disbursing agent, to be disbursed upon pay estimates signed by the contractor and the consulting engineer hired by the Joint Venture. (e) Both Venturers must agree that the assets, real and personal property and accounts receivable of the Joint Venture shall not be pledged or encumbered nor used in any way to secure credit for the Joint Venture or the parties thereto without the prior written consent of both Venturers; provided further that both Venturers shall execute appropriate instruments, which shall be recorded with the Office of the Clerk and Recorder of Garfield County, to provide notice of the terms of this subparagraph (e). 7. Petition for Inclusion. The College agrees not to petition for inclusion into the District at any time before the expiration of ten (10) years from date hereof; provided, however, that the College shall be entitled to all rights, privileges, and benefits accorded members of the District or accruing to residents or owners of real property within the District to the extent permitted by law. 8. In the event the approval of any local, state, or federal government or agency is required to accomplish the conveyances, transfers of interest, etc., necessary to implement this Agreement, Los Amigos agrees, at its sole expense, to secure such approvals; provided, however, that the College agrees to cooperate as may be necessary to secure such approvals; provided further that upon the formation of the District and the conveyance and lease to the District by the College, the obligations set forth in this paragraph shall be the sole and exclusive responsibility of the -ege . • • 9. In the event the time required by Los Amigos to secure or provide information, surveys, or other data makes it impracticable to close within the time period provided for above, closing shall occur as soon thereafter as is reasonably possible upon thirty (30) days notice to the College by the District that it is ready to close; provided, however, that in no event shall closing occur later than six (6) months from the date hereof unless extended by mutual agreement. 10. Specific Performance. It is specifically understood and agreed that the rights acquired by each party hereto and by the District are such that the failure of the other party to perform its obligations hereunder would do irreparable harm to the nondefaulting party, and there would be no adequate remedy at law. Accordingly, it is agreed that, in addition to any other equitable or legal remedies, the obligations of the parties hereto shall be specifically enforceable by any Court of record in the State of Colorado. 11. Notices. Whenever written communications are • authorized, required, or desired in connection with this Agreement, the same shall be deemed given or made when delivered in person, or when addressed to the party for whom intended at the address set forth below, and deposited in the U. S. mail, certified mail, return receipt requested or at such other address as either party may designate from time to time by written notice given in accordance with this paragraph: Colorado Mountain Junior College District Attention: Robert W. Chatmas James A. R. Johnson Thomas E. Neal c/o Robert Chatmas P. 0. Box 2218 Aspen, CO 81611 • • IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT By ATTEST: Doris A. Bailey, Secretary, Governing Committee David J. Dunn, Chairman, Governing Committee ROBERT W. CHATMAS JAMES A. R. JOHNSON THOMAS E. NEAL STATE OF COLORADO ) ss. County of The foregoing instrument was acknowledged before me this day of , 1979, by DAVID J. DUNN, Chairman, Governing Committee, Colorado Mountain Junior College District; and by DORIS A. BAILEY, Secretary, Governing Committee, Colorado Mountain Junior College. Witness my hand and official Seal. My Commission expires: Notary Public • • STATE OF COLORADO ) ss. County of ) The foregoing instrument was acknowledged before me this day of , 1979, by ROBERT W. CHATMAS. Witness my hand and official Seal. My Commission expires: STATE OF County of ss. Notary Public The foregoing instrument was acknowledged before me this day of , 1979, by JAMES A. R. JOHNSON. Witness my hand and official Seal. My Commission expires: STATE OF County of this Notary Public ss. The foregoing instrument was acknowledged before me day of , 1979, by THOMAS E. NEAL. Witness my hand and official Seal. My Commission expires: Notary Public i • EXHIBIT A to Sewage Treatment Services Agreement The real property described in instruments recorded in the Office of the Clerk and Recorder of Garfield County, State of Colorado, at: Book 381, Page 33, Reception No. 236672; Book 385, Page 547, Reception No. 238393; Book 438, Pages 540-541, Reception No. 256352; Book 500, Pages 930-932, Reception No. 280798; Book 396, Pages 36-38, Reception No. 241439; Book 429, Page 411, Reception No. 253336; Book 429, Page 410, Reception No. 253335; Book 396, Pages 39-40, Reception No. 241440; Book 495, Page 687, Reception No. 278031; Book 488, Pages 920-922, Reception No. 274609. • . EXHIBIT B To Sewage Treatment Services Agreement A parcel of land situated in part of Government Lot 4 in Section 8, Township 7 South, Range 88 West of the Sixth Principal Meridian, Government Lots 4 and 6 of Section 6 in said Township and Range, Section 5 of said Township and Range, and Government Lot 7 and the SELiSE4 of Section 32, Township 6 South, Rance 88 west of the Sixth Principal Meridian, and Government Lots 18 and 19 in Section 33 of said Township 6 South, Range 88 West. Allan the County of Garfield, State of Colorado. Said parcel lying westerly and northwesterly of the "Westerly Line' of County Road Number 114 (College Road) as described in Document Number 274609 (being Book 488, Page 920) as on file in the Garfield County Records; (NOTE: The hearings on said "Westerly Line" have been rotated for this description 00°12'12" right to match basis of bearings) northeasterly, in,part, of the centerline of a 30.00 foot sanitary sewage trunk line easement. Said parcel being more particularly described as follows: Beginning at the Northeast Corner for said Section 8, a stone corner, found in place, and properly marked; thence N. 09°41'40" E. 1134.05 feet to a point on said "Westerly Line" of County Road Number 114, said point being also on the easterly line of said Section 5, the True Point of Beginning; thence, leaving said easterly line, S. 72°19'48" W. 613.04 feet along said "Westerly Line"; thence S. 64°22'32" W. 392.30 feet along said "Westerly Line"; thence S. 44°10'50" W. 132.65 feet along said "Westerly Line"; thence S. 32° 19'12" W. 1473.78 feet 1473.78 feet along said "Westerly Line"; thence S. 15°10'20" W. 144.01 feet along said "Westerly Line"; thence S. 03°24'30" W. 236.16 feet along said "Westerly Line" to a point on the centerline of said 30.00 foot sanitary sewer trunk line easement; thence, leaving said "Westerly Line", N. 62°02'06" W. 76.11 feet along said centerline; thence N. 68°42'34" W. 284.75 feet along said centerline; thence N. 28° 12'44" W. 392.49 feet along said centerline; thence N. 03'45'18" E. 222.69 feet along said centerline; thence N. 17'45'09" W. 310.70 feet along said centerline; thence N. 43°05'32" W. 228.37 feet along said centerline; thence N. 54'43'45" W. 277.91 feet along said centerline; thence along said centerline along a curve to the left, having a radius of 356.04 feet and a central angle of 34'12'04", a distance of 212.53 feet (chord bears N. 78'57'54" W. 209.39 feet) to the point of terminus of said 30.00 foot easement centerline; • 1 thence, leaving said centerline S. 73°08'00" W. 440.00 feet; thence N. 27°41'00" W. 1970.00 feet; thence N. 00°18'00" E. 320.00 feet; thence N. 79.25'00" W. 360.00 feet; thence N. 47.10'00" W. 1430.00 feet; thence N. 62°18'00" W. 970.00 feet; thence N. 10°32'00" E. 470.00 feet; thence N. 72°00'00" E. 720.00 feet; thence S. 35°35'00" E. 1620.00 feet; thence N. 32°06'00" E. 2150.00 feet; thence S. 43°31'00" E. 890.00 feet; thence S. 22°10'00" E. 840.00 feet; thence S. 89°41'00" E. 430.00 feet; thence N. 16°37'00" E. 1724.19 feet to the northerly line of said Section 5; thence S. 89°43'26" E. 620.25 feet along said northerly line to the southwesterly corner of the SE:SEi of said Section 32; thence leaving said northerly line N. 01°48'29" E. 2601.65 feet along the westerly lines of said SE;SE: and Government Lot 7 of said Section 32; thence, leaving said westerly line S. 89°00'23" E. 139.01 feet along said Lot 7 boundary; thence S. 01°41'27" W. 475.48 feet along said Lot 7 boundary; thence S. 87°15'05" E. 1179.82 feet along said Lot 7 boundary; to a point on the easterly line of said Section 32; thence S. 01°14'01" W. 2073.04 feet along said easterly line to the Southeast Corner of said Section 32; thence, leaving the easterly line of said Section 32, S. 00"04'37" W. 2685.36 feet along the easterly line of said Section 5 to the East Quarter Corner of said Section 5; thence S. 00° 32'12" W. 1445.52 feet along the easterly line of said Section 5 to the True Point of Beginning. Also including all of Government Lots 18 and 19 of Section 33, Township 6 South, Range 88 West of the Sixth Principal Meridian. Save and except all those lands as described in Document Numbe 256352 (being Book 438 at Page 540),as on file in the Garfield County records, which lie within the above described parcel. Said parcel containing 529.66 acres, more or less. • EXHIBIT C To Sewage Treatment Services Agreement The real property described on Exhibit B to Sewage Treatment Services Agreement, excepting therefrom the following described real property: A parcel ut land situated in ,,Arc of ,rnm,[11 L, I.. r„ ir,, ,,,,1 11 in Section 5. Townmhip 7 South. 11!,,-, .H1 ,„,,..,( , f tL, !:i.th Principal Meridian, in the County of Cirlieid, t.it. of Said parcel lying northwesterly of tle nrtli..e !,•rL riLt-of-%.,:,y line for County Road Number 114 (C)11(..e .t.., H.:v,, 5 14.41 from and parallel to the centerline of i.iid constructed and in place. Said parcel ;in m.(,, rtictirly described as follows: Beginning at the Northeast Corner of '... i; .;i1(1 Township and Range, a stone corner found in H;,,,• :,! 'n.,,.(.1.1y marked; thence N. 60°0219" W. 1043.55 feet tt: :1 .int un t'l northwesterly right-of-way line, the Truo P1'n' • thence, leaving said right-of-way lint, ''. --C'r• , , (eet; thence S. 72e41'46" W. Yi1.54 feet t.i..n e .4t," V 389.18 feet; thence N. 72°37'24" E. 2).' I fe1t; 46'36" E. 989.84 feet; thence S. 25°44',. . . i (.t. t '• .1 point on said northwesterly right-of-wJv lfnt..; 48" W. 103.37 foot along said rfht-or-,.. -f,11;:; Hi. n f',/.;', !,, along the arc of a curve to the left ilori. ..;t1(! - lihv, having a radiva of 554.15 fok.,t And a HH) .. '..H1,1. .,t,:.r. . cie 35'54" W. 346.87 feet; th,nck.. .. 310211",'" ..,; (`; f ,.t ;,14,I.;, said right-of-wxy line tc the Tr ut.....21.)n rnf., ni. .Said parcel containing 14.3 acres, nr r ,1.).—; AGREEMENT • THIS AGREEMENT is made and entered into this day of August, 1979, by and between ROBERT CHATMAS, THOMAS NEAL, and JAMES A.R. JOHNSON, hereinafter called ("Subdivider"), and the ROARING FORK SCHOOL DISTRICT, RE -1, hereinafter called ("RE -1") and GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS, ("Garfield County"). 1. Recitals. a) Subdivider own approximately 1,472 acres of property in Garfield County, Colorado, upon which they have obtained a planned unit devel- opment zone district designation from the County Commissioners of Garfield County. b) Subdivider is seeking to subdivide the subject property into approximately 568 dwelling units, which are comprised of both single family and multi -family structures, and to establish a com- mercial district of approximately 17.6 acres. c) Subdivider, RE -1, and Garfield County have agreed that the 13 acres described on the attached Exhibit "A" constitute sufficient site and land area for schools which may be reasonably neces- sary to serve the proposed subdivision and the future residents thereof, but RE -1 does not know when, if ever, it may establish a school or schools on the subject property but the board does feel that the site is potentially useful to it for a school. d) Subdivider had developed a plan for the balance of his 1,472 acres in reliance upon the school site being used only for school purposes. Sub- divider intends that said property he used only for said purpose and feels other uses might have a detrimental use on the balance of the planned unit development. • • e) In order to serve the needs of both the Subdivider and RE -1 the parties have agreed that Subdivider would pay cash to the school board in lieu of land but that the Subdivider would also grant to the school district an option to purchase the land from the Subdi- vider at such time as RE -1 had definite plans to construct a school or schools on the sub- ject property. NOW THEREFORE, Subdivider and RE -1 and Garfield County hereby covenant and agree as follows: 1. Subdivider shall pay to Garfield County as trustee for RE -1 on or before ,19 the sum of $ as its cash payment in lieu of a dedication of land for school purposes. 2. Subdivider does hereby grant to RE -1 an option to purchase the land described on Exhibit A attached hereto for the same price as the cash payment set forth in paragraph 1 above. The option hereby granted may be exercised by RE -1 anytime between the date hereof and December 31, 1999. Should RE -1 exercise the option and pay the payment to Subdivider, Subdivider would in exchange therefor, convey title to the property described on Exhibit A free and clear of all liens and encumbrances except taxes for the year of conveyance and easements, rights- of-way, and mineral reservations of record prior to the date of this agreement and the reservation of an easement by Subdivider and its successors and assigns to maintain and operate a water well as described on Exhibit B attached hereto. Title would also he subject to the following restrictive covenant: -2- • • "The subject property sahll be used only for the purpose of erecting and maintaining a public school or schools, or for parks and related facilities. This shall be deemed a covenant running with the land which is for the benefit of, and may be enforced by, any owner of property within the Los Amigos Planned Unit Development. The foregoing restric- tion shall be binding upon the subject property from date hereof until December 31, 1999. 3. Subdivider's Possession of Subject Propertj. Subdivider shall have possession of the subject property until such time as RE -1 exercises the option to purchase the property. 4. Water Well. Subdivider shall reserve from the dedication an easement for the purpose of drilling, operating and maintaining, repairing and replacing the water well and pipeline from the water well in their location described on the attached Exhibit "B". Subdivider further reserves sole ownership of all water rights adjudicated to said well. 5. Water and Sewer Pipelines. Within ninety days following RE -1's exercise of the option, Subdivider shall install a sewer line of not less than 8 inches in inside diameter to the boundary of the subject property and a water line of not less than 2 inches in inside diameter to the subject property. The water and sewer lines shall be connected to the water and sewer system established by the Subdivider to serve the buildings in the Los Amigos first filing. RE -1 shall pay all tap fees and user fees which may be charged by an entity which ultimately owns the water and sewer system. ROARING FORK SCHOOL DISTRICT, RE -1 Robert Chatmas by GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS by Thomas Near aures o nson • MEMORANDUM OF LAW September 19, 1979 Prepared by the Offices of William V. Hodges, III, Attorney at Law FACTS: The developers of Los Amigos subdivision are proceeding through the procedures of Garfield County to obtain PUD approval. In connection with obtaining this approval, the question arose concerning their donating land within their PUD development to Roaring Fork School District RE -1. ISSUE: Should a developer of a subdivision within the State of Colorado, Garfield County, be allowed to place restrictions upon land they dedicate to the County or the public? DETERMINATION: It should be recognized at the onset that both the developer of Los Amigos subdivision and the Roaring Fork School District have legitimate concerns for the future of the land in question. The developers are concerned with the future use of the specific property they dedicate to the public and the School District is concerned with assuring the availability of necessary school sites for the future residents and students of the area. The Colorado General Assembly has declared that County zoning regulations be designed and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity or welfare of the present and future inhabitants of the State. In order to achieve these goals, ,the County Commissioners are authorized to classify land uses, distribute land development and utilization, secure economy in government expenditures and protect both urban and nonurban development. As a part of insuring those goals, the legislature has specifically promulgated in C.R.S. 30-28-133(4)(a)(II) that subdivision regulations adopted by the Board of County Commissioners include,as a minimunti,provisions governing the dedication of sites and land areas to the County or the • • public for school sites. This section was amended by the General Assembly to take effect on July 1, 1979. The amendment to this section specifically added the words: "If such sites and land areas are dedicated to the County or the public, the Board of County Commissioners may, at the request of the affected entity, sell the land." The section was further amended to provide in effect that the sums from the sale of the property shall be held by the Board of County Commissioners for the purpose of acquiring reasonably necessary sites and land areas or for other capital outlay connected with the development of such sites and land areas for park purposes. What is clear from both the statutes of the State of Colorado and the Garfield County Subdivision Regulations is that it is not the developer's, but rather the Board of County Commissioner's obligation to assure that the sites dedicated to the public (herein the School District) are used for purposes consistent with the general plan of the County and which also promote the goals referred to above. Garfield County Commissioners adopted zoning regulations pursuant to authority contained in C.R.S. Title 30, Article 28. These zoning regulations provide that applicants requesting PUD zoning include with their plan the acreage which is proposed to be dedicated for school sites. Thus, when a plan is approved by the County, it contains the areas which would be dedicated to the School District for school sites. It is clearly the duty of the County Commissioners to assure that the provisions of the plan relating to the use of land be enforced. The County is specifically recognizes this duty to enforce in law or in equity the provisions of any PUD plan relating to the use of land. See Garfield County Zoning Resolution, Section 4.12.01. The zoning resolutions also protect the rights of the residents, occupants and owners of the PUD to maintain and enforce the provisions of the PUD plan at law or in equity. Section 4.12.03, Subparagraph 2, provides that: -2- • • No substantial modification, removal or release of the provisions of the plan by the County shall be permitted except upon a finding by the County, following a public hearing called and held in accordance with the provisions of C.R.S. 1973, 24-67-104, that the modification, removal or release is consistent with the efficient development and preservation of the entire PUD, does not affect in a substantially adverse manner either the enjoyment of land abutting on or across a street from the PUD or the public interest, and is not granted solely to confer a benefit upon any person. Thus, the legitimate concerns sought to be protected by the developers of the Los Amigos subdivision arP fully protected by the provisions contained in the Colorado statutes and the zoning resolutions. County subdivision regulations are of primary importance and thus provide adequate protection needed. On the other hand, it is reasonable to assume that the amendments to C.R.S. 30-28-133(4)(a)(II) were promulgated specifically to address the concern articulated by Roaring Fork School District. This concern involves their desire to protect and assure that future school site development will not be thwarted due to the high appreciation of land in Garfield County. A copy of Senate Bill No. 383 is attached Lo this memorandum. This bill indicates that the County Commissioners, at the request of the affected entity, (herein the School District), may authorize the sale of the land in order to acquire the necessary school sites. Thus, the amendment addresses the concern of the School District and allows them to take this land free and sell it in a manner consistent with the overall PUD plan. vs I I C•rss. c1/4 / .3' • • / V ) • 1., • EXHIBIT 2 LOS AMIGOS RANCH Filing No. 2 DRAINAGE STUDY Prepared by: KKBNA, INC. 1001 Grand Avenue Glenwood Springs, CO 81601 ma Martin S. Oldford, .E. • • I. SUMMARY This drainage study for Filing No. 2 analyzes the effects of the proposed improvements, namely roads and buildings as they relate to the 10 year storm runoff and the 100 year flood plain. Drainage improvements and drainage easement areas have been shown on Map 2-8. Major improvements consist of pipe culverts to convey the runoff across the site within the natural channels which have historically transported the developed flows to the Roaring Fork River. The road network will be constructed to County specifications to include ditches along cut slopes. II. LOCATION AND DESCRIPTION Filing No. 2 is situated in a drainage basin which begins along the westerly edge of Spring Valley and drains south- westerly to the Roaring Fork River. Elevations range from 6500 to 7200 feet, vegetation includes cedar, scrub oak, sagebrush and some alfalfa fields and the soils are fairly impervious. The proposed development covers an area of 570 acres and consists of 1 to 5 acre lots with 5 miles of roads. The upper lots are planned for duplex and multifamily dwellings with single family sitesgenerally along the lower area in the Southwestern portion of the filing. III. DESIGN CRITERIA The storm drainage criteria utilized in this study was based on the Soil Conservation Service Manual, "Peak Flows in Colorado" which includes Technical Release No. 55 "Urban Hydrology for Small Watersheds",dated March 1977. Storm precipitations derived from the study were obtained from storm isopluvial maps for 10 year and 100 year storms presented in the SCS manual. Peak flows in the developed condition will remain nearly identical to the undeveloped, because of the low average density (1 unit per 2 acres) and the large amount of un- disturbed open space. The method for calculating runoff involves measuring the individual basins, identifying the soil groups and vegetative cover, calculating the time of concentration based on length of each water shed and average ground slope. It was assumed that all presently defined channels in the basin would remain in a natural condition. -1- • • III. DESIGN CRITERIA (Continued) The preliminary plat was used along with the USGS quadrangle to define the sub -basin which affect the Los Amigos Ranch Development. Basin C, although it does not directly drain through any proposed development, eventually drains to the Roaring Fork River in the lower valley and was included for for this reason. In areas where minimum flows were calculated 18 inch culverts are specified to comply with Garfield County Specifications. Typical ditch cross-sections will have 2' bottom widths and minimum 2' depths. Culverts are designed to accomodate a 10 year runoff and will be more accurately placed with the final road design. Headwater to depth ratios were assumed to be 2.0 for purposes of sizing the culverts. IV. DRAINAGE DESIGN SCHEME Basin A The northeast portion of the site with Basin 'A' flows southwesterly until it is intercepted by roads called Lane 'B' East, Lane 'D', and Drive 'A'. Drainage is carried by road ditches to designated low points and conveyed via culverts across intersections and thence to natural drainage channels. Offsite runoff above the school site can be channeled along the south line or in the parking areas to prevent potential flooding problems. As the school site is improved a more specific approach to drainage should be undertaken. Basin B The middle portion of the site flows along roads called Court 'E', Lane 'E' and the west part of Drive 'A' to a culvert at point 4 and thence to a natural swale in the single family area. Relatively low density in the duplex unit area will not generate significant runoff and easements provided in the single family area should prevent any potential flood situation. Basin C The area north of Filing No. 2 will remain unchanged and the only improvement required is a culvert under Drive 'A' to maintain the historic runoff which presently flows southwest to the Roaring Fork River. • • IV. DRAINAGE DESIGN SCHEME (Continued) Basin D A narrow strip of land along the north side of the county road and designated commercial site south of Filing No. 1 are included in this basin. A culvert under the main entrance road Drive 'A' will maintain the flow southerly to the river. Basin E The northeast corner of Filing No. 2 will remain as a natural open area and will drain toward Spring Valley. The historic runoff will be maintained and natural channels will convey the runoff. V. IMPROVEMENTS Specific drainage improvements include the following: Crossing Point Culvert Size 1 24" Culvert 2 36 3 24" 4 24" 5 24" 6 36" 7 24" 8 36" 9 18" 10 24" 11 24" 12 18" 13 18" 14 24" Potential erosion problems due to overland runoff should be corrected by the developer and maintained by the home- owner association within the defined easements and natural drainage swales. It is not possible to locate all of the areas in the undeveloped condition but they should become more apparent as development increases. SCARROW & WALR / K•J Los Job Title N 5v 5/30/7, s • Land Surveyors Subject ___Sheet of w..� o -r --F Ca. ! c....1.o-,....s_ f s cod SCS rte. tc rlrn,.pS I v% (p ova d o a cJu s L►.0,,0,,.. w) alp z- S wdi SCARROW & WA R/K•K.3.ti•A: • • Larni Surveyors Joh -nth'_-_ -V9-- ' 1-rv.IQOg •VO• Z 4i 5/ 30/71 Subject ---- t 1I 120 ►n o Co.( (c /. ,teasr.., a ✓ea .. 47.D A . 0--y- 2. 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COLORADO DEPARTMENT OF HEALTH(Submit One Set Wilk WQ-3-A Water Quality Control Divisioler All Copies Attac ) 4210 East llth Ave.; Denver, Colo. 80220 JUN q APPLICATION FOR SITE APPROVAL OF SEWAGE COLLECTION FACILITIES AND SM(�(47: LIFT TATI'6NS I/ Required if: A) Serving MORE than Twenty Persons and MORE than 2,000 G 4of0.1 --per and/or B) Lift station having less than 20,000 GPD capacity. Applicant: COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT and ROBERT W. CHATMAS Address: CMC, P.O. Box 1367, Glenwood Springs, CO 81601 Phone 945-8691 c/o Sundesigns Architects, 13153 Grand, Glenwood Spgs Phone:945-2201 .Name and Address of Consulting Engineer: Wright -McLaughlin Engineers, 2420 Alcott St. Denver, CO 80211 Project: 792-32 A. Size of Lift Station: N/A gpm B. Sizes and approx. lengths of Sewer Lines: 8 inch 5728 ft. inch ft. inch ft. inch ft. County: Garfield C. Average flow when fully developed: 0.5 mgd. D. Will any structure serviced by the collection facilities be located in a 100 year flood plain? No E. Connection: discharge directly to the intake structure of existing treatment works This sewer system will oomoodxn.:xxxxxxxirxatxxxxicxhingoeseoenk owned byColo. Mountain College )4txxkm. or District which h xxsaot approved this connection on 6-4-79 Approved Signature an isle Pre 5 F. Treatment: Date ti4appx7socosAX Treatment Entity Colo. Mountain i11ege will increase treatment AxasoqUag. capacity and agrees to treat this sewage MI Yes/ Date 6-4-79 No Signature and Title G. Comments of Governmental Authority (City or County): This project (meets) E?doeakxxWx7,05(t) our planning requirements for the service area. Reco . Approval X- Disapproval No Comment 6-4-79 Date H. Applicant's Signature Applicant's Signature 27 Date Mailed to Commenting Authority Copies must be sent to local health department and Council of Governments. If over 50,000 gpd, also send to local and regional planning agency and to any other city or town within three miles of the proposed facilities. (Enclose copies of postal receipt showing copies were sent by Certified Mail.) I. District Engineer comments and recommendation: Date Signature J. Commission Action: The Water Quality Control Commission (Approved)(Disapproved) this application on Chief, Field Services Section Date Date Interested persons may comment to the Water Quality Contr,)1 Commission. The application will be considered in not less than 20 days from the date mailed to co. ntin authority, (See Item H) C LORA0O DEPARTMENT OF HEALTH Water Quality Control Division 4210 East llth Avenue Denver, Colorado 80220 • REQUEST FOR AMENDING A PREVIOUSLY ISSUED SITE APPROVAL (Srnhmi t in Duplicate) Applicant: COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT and ROBERT W. CHATMAS P.0. Box 13 7, Glenwood Springs, CO 81601 and Robert W. Chatmas, Address: c/o Sundesigns Architects, 13151 Grand Ave., Glenwood Springs, CO 81601 INFORMATION REGARDING PROPOSED PROJECT: 1. Nature of modification: The addition of aeration equipment to existing stabilization ponds. 2. Will this modification increase the capacity of the treatment facility? Yes (hydraulic) and 52,000 gpd . If yes, present capacity is 64 pounds per day (hydraulic) and 32,000 gpd (organic). Expanded capacity is 104 pounds per day (organic). 3. Estimated project cost of modification: $66,000 Estimated bid opening date: 1 August 1979 Estimated completion date: 31 October 1979 4. Has Regional Planning Office reviewed? (See Page 2) (Attach letter from agency.) 5. If there is any substantial modification to your original site approval application, it is necessary to resl'hmit an original site approval form with this form. Please contact the Water Quality Control Division to determine if this modification is substanal. This application includes 5728 feet of . j w -r to s;rye 96,apartments. -(y-? Date ature of Applicant Date Signature of applicant WQCC approved 1/77 WQ-3-B(rev. 3-77-40) 6. SIGNATURE OF GCVERNMENTAFFICIALS • The undersigned have reviewed the proposal for the location of the above-described wastewater treatment facility and recommend approval or disapproval in spaces provided below: Recommend Recommend No Date Approval Disapproval Comment 6./7/7 ;A/7, (2-Ain Recommend approval: Recommend disapproval: Date: WOCC approved 1/77 V7-3(rev. 3-77-40) -2- Signature of Representative Local Government (Cities, Towns, and Sewer Distric t i Board of Eyti " n �. bRrn� ���L 4 u� ���n , r��;ilL 6EALTE 14 R&3ke MEM Ph. (303) 545-7255 soca l He 1 tki!e 'tAttic50 s C !and° 816C1 ounty Planning Agency l 1 Planning A /-e1^-{(2-1•7- Council of Government ,/ r/cy 5 Signature July 9, 1979 MEMORANDUM • • SUNDESIGNS ARCHITECTS ARCHITECTS PLANNERS SOLAR CONSULTANTS TO Planning Commission and Planning Department FROM: Sundesigns - Architects and Planners SUBJECT: LOS AMIGOS RANCH SUBDIVISION NO. 2 PRELIMINARY PLAN Response to Planning Dept. Memo of June 11, 1979 1. ROADS It is proposed that Drive 'A' - the main service road of Los Amigos - be dedicated to the County and maintained by the County. It is proposed that all other roads - local feeders - not be County roads and not be maintained by the County. The homeowners of Los Amigos will own in common the roads (except Drive 'A'), the central water system, the open space network and certain recreational networks and facilities. The Homeowners Association will be established as set forth in the Draft Covenants (see P.U.D. Application). The Associa- tion will have paid, professional management to administer and maintain commonly -owned elements. It is proposed that when general responsibilities switch from the developer to the homeowners, a metropolitan district be formed to administer and maintain commonly -owned elements. The metro district must be created following State Statutes. The County must approve the formation of the metro district. The County will collect and distribute assessments. The Homeowners Association board will be one and the same with the metro board. Because of the large scale of Los Amigos and the many commonly -owned elements and services and the ability and desirability for professional management, the developers feel that the above method assures the County of perpetual mainten- ance of the private roads. The internal roads are designed to be those that are in har- mony with wooded mountain slopes, are safe in all weather con- ditions and are efficient to maintain. The objective is to create a pleasant rural character with the least environmental impact. 1315 GRAND AVENUE GLENWOOD SPRINGS COLORADO 81601 303 ; 945-2201 LOS AMIGOS RANCH DIVISION NO. 2 July 9, 1979 Page 2 The pavement width is a function of loading. As the num- ber of dwelling units served by a road diminish, the width reduces to a minimum of 16 feet. Parking will be prohibited along roads except at specific pullout areas. Road edge conditions for Los Amigos need to be more sensi- tive and responsive to site-specific conditions than the general County Specifications allow. Side slopes of 11/2 to 1 can be environmentally disruptive causing loss of tree cover, erosion and unsightly scars. In certain portions of road such conditions would be highly visible from SH -82. It is also felt that the attractiveness of the project is seri- ously compromised by applying conditions designed for major roads and highways used by the general public vs. lanes and courts used by a few people on a regular basis and which are privately owned and maintained. It is proposed that edge conditions be allowed to vary within parameters of good con- struction standards, drainage, erosion and usersafety. County regulations governing roads dedicated and maintained by the County allow grades up to 12%. The Los Amigos road proposed to be dedicated to the County and maintained by the County - Drive 'A' - has no grade in excess of 8%. Short portions of the Los Amigos private roads have grades of up to 12% for the original submittal and up to 10o for the re- vised Preliminary Plan. All roads in Los Amigos have south- ern exposure and the general area experiences mild snow cover compared to other parts of the valley. Immediate and con- tinual snow removal by on-site equipment is planned. Perma- nent year round residents will make up the vast majority of people using the internal roads. For the above reasons and because it is felt that major road design criteria does not apply to "lanes" and "courts" and can be environmentally dis- ruptive and unattractive, it is requested that the internal private roads of Los Amigos be allowed to have a variety of grades up to 12%. 2. SEWAGE TREATMENT There is a final signed agreement with C.M.C. It calls for the immediate takeover of the existing sewage treatment fa- cilities by Los Amigos and the formation of a Sanitation District to serve Los Amigos and C.M.C. It is to serve not only the 96 apartment units of Subdivision No. 1, but the re- mainder of the sewered area of Los Amigos, including all of Subdivision No. 2 except the single-family lots. There is a total of 350 dwelling units in the sewered area of Los Amigos. All single-family lots will be served by individual septic systems. All single-family lots are in excess of 2 acres in size. LOS AMIGOS SUBDIVIIION NO. 2 July 9, 1979 Page 3 3. FLAG LOTS • The flag lots of Subdivision No. 2 meet the requirements of the Subdivision Regulations. The objective in determining the lot layout for Los Amigos is to create a rural character with maximum seclusion to house sites. This resulted in an effort to achieve maximum spacing between houses and maximum setback from roads. A second objective is to keep the en- vironmental disruption caused by roads to a minimum. Most of the roads traverse wooded slopes and access areas suitable for secluded building sites with good views and good solar orientation. The process used to determine lot layout was to first, identify suitable building areas, determine the best driveway location and finally to draw the lot lines in such a way as to include the building area and the driveway and create a lot with a minimum size of 2 acres. The flag lots are the result of this process and take maximum advantage of suitable building sites and meet the objective of seclusion. They result as well in the most efficient road network. It is felt that the flag lot approach is more suitable to development of mountain slopes than longer roads and the use of driveway easements through one lot to another. Where possible, flag lots have been put side by side so as to allow adjacent prop- erty owners to share a common driveway. 4. SCHOOL DEDICATION On April 24, 1979, the RE -1 School District Board accepted in concept the dedication of 13 acres to be used in the future for an elementary school. Their acceptance was conditioned by the developer providing adequate and safe access and the availability to the site of water and sewage service. The water system has been sized with the school's needs in mind. The central water system has been designed to provide water to the site. The central sewage system has been sized to provide service to the school, and a sanitary sewer has been designed to be located to the west boundary of the school site. At present, the legal description of the land and an agreement addressing the transfer of ownership including access, water and sewage is being prepared. 5. NUMBER OF UNITS PER LOT The revised Preliminary Plan, dated July, 1979, indicates the number of dwelling units per lot along with the dimensions of each lot. LOS AMIGOS SUBDIVIION NO. 2 July 9, 1979 Page 4 6. PHASING • In order to market a certain number of a variety of housing types, it is necessary to include a large area and subsequent- ly, a large number of dwelling units within the Subdivision No. 2 Preliminary Plan. This is done so as to adequately ex- pose for review a sufficient and contiguous road and utility network. It is intended that upon approval of the Preliminary Plan, that sequential final plats be submitted for Final Plat review and approval. The final plat areas will be non-contigu- ous because of the intent to provide a balanced number of single- family, duplex, patio home, condominium and apartment lots. Figure 2 of Map 2-2A defines three final plat sequences for Subdivision No. 2. The total number of duplex units has been reduced from 72 to 62 units. In order to maintain efficiency with the sewage collector system and the central sewage treatment facility, the revised Preliminay Plan indicates the addition of 36 apart- ments which will be served by the central facilities. Ten single-family lots have also been eliminated for a net gain of 4 dwelling units in the revised Preliminary Plan. July 31, 1979 • • SUNDESIGNS ARCHITECTS ARCHITECTS PLANNERS SOLAR CONSULTANTS Mr. Ray Baldwin - Director Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 REF: LOS AMIGOS RANCH P.U.D. PRELIMINARY PLAN - SUBDIVISION NO. 2 Dear Ray, At both the Planning and Zoning Commission Meeting of July 23, 1979, and our review the following day with you, it was agreed we would provide you with revised drawings reflecting changes acceptable to the P&Z and yourself. The enclosed drawings, known as "PLAN C REVISIONS" consist of the following: 1. Revised Subdivision No. 2 Preliminary Plan - 7/31/79. (296 d.u.'s on 495.3 ac.) 2. Revised Road Plan and Profile - 7/30/79. (no road over 8% grade) 3. Revised Utility Layout - 7/31/79. 4. Revised Subdivision No. 2 Legal Description - 7/30/79. 5. Revised Subdivision Summary Form - 7/31/79. 6. Letter describing changes to Drainage Plan - 7/30/79. If you require further information or have questions, please do not hesitate calling. Sincerely, SUNDESS ARCHITECT Dean K. Mofr.tt - Architect Enclosures cc: Robert Chatmas DKM/cg 1315 GRAND AVENUE GLENWOOD SPRINGS COLORADO 81601 303/945-2201 LOS AMIGOS RANCH SUBDIVISION NO. 2 DESCRIPTION A parcel of land situated in part of Section 5, part of the East half of Section 6, and part of Government Lot 4 in Section 8, all in Township 7 South, Range 88 West of the Sixth Principal Meridian in the County of Garfield, State of Colorado. Said parcel lying westerly and northwesterly in part of the "Westerly Line" of County Road Number 114 (College Road) as described in Document Number 274609 (being Book 488, at Page 920) as on file in the Garfield County Records, (NOTE: The bearings on said "Westerly Line" have been rotated for this description 00°12'12" right to match basis of bearings.) northeasterly, in part, of the center- line of a 30.00 foot sanitary sewage trunk line easement, southerly, in part, of a 100.00 foot power line easement, westerly, in part, of the Westerly Line of a parcel of land as described in Document Number 256352 (being Book 438, at Page 540) as on file in the Garfield County Records, and southerly, in part of the Northerly Line of said Section 5. Said parcel being more particularly described as follows: Beginning at the North Quarter Corner of said Section 5, a stone corner found in place; thence S. 89°43'26" E. 650.89 feet along the North Line of said Section 5 to the "True Point of Beginning"; thence S. 89°43'26" E. 2030.89 feet to the Northeast Corner of said Section 5, a cedar post found in place; thence S. 00°04'37" W. 2685.36 feet along the easterly line of said Section 5 to the East Quarter Corner of said Section 5, a brass cap found in place; thence S. 00032'12" W. 1445.52 feet along the easterly line of said Section 5 to a point on the "Westerly Line" for said College Road; thence leaving the easterly line of said Section 5, S. 72°19'48" W. 613.04 feet along said "Westerly Line"; thence S. 64°22'32" W. 392.30 feet along said "Westerly Line"; thence S. 44°10'50" W. 132.65 feet along said "Westerly Line"; thence S. 32°19'12" W. 1473.78 feet along said "Westerly Line"; thence S. 15010'20" W. 144.01 feet along said "Westerly Line"; thence S. 03°24'30" W. 236.16 feet along said "Westerly Line" to a point on the centerline of said 30.00 foot sanitary sewer trunk line easement; thence, leaving said "Westerly Line", N. 62°02'06" W. 76.11 feet along said centerline; thence N. 68°42'34" W. 284.75 feet along said centerline; thence N. 28°12'44" W. 392.49 feet along said centerline; thence N. 03°45'18" E. 222.69 feet along said centerline; thence N. 17°45'09" W. 310.70 feet along said centerline; thence N. 43°05'32" W. 228.37 feet along said centerline; thence N. 54°43'45" W. 277.91 feet along said centerline; thence along said centerline along a curve to the left, having a radius of 356.04 feet and a central angle of 34°12'04", a dis- tance of 212.53 feet (chord bears N. 78°57'54" W. 209.39 feet) to the point of terminus of said 30.00 foot easement centerline; DESCRIPTION • • Page Two thence leaving said 30.00 foot easement centerline, N. 72° 52'00" W. 50.00 feet, more or less; thence S. 58°54'00" W. 255.00 feet; thence N. 68°15'00" W. 235.00 feet; thence S. 87051'00" W. 270.00 feet; thence N. 08°37'00" W. 195.00 feet; thence N. 68°45'30" W. 470.00 feet; thence N. 11°38' 00" W. 420.00 feet, more or less; thence N. 31°14'00" W. 200.00 feet to a point on the northerly line of said 100.00 foot power line easement, more or less; thence N. 88°55'00" W. 500.00 feet, more or less along the northerly line of said 100.00 foot power line easement; thence leaving said northerly line N. 01°28'00" E. 625.00 feet, more or less; thence N. 68°31'30" W. 1300.00 feet; thence N. 52°11'00" W. 510.00 feet; thence N. 49°16'00" W. 640.00 feet; thence N. 10°21'00" W. 515.00 feet; thence S. 87°30'00" E. 260.00 feet; thence N. 46°34'00" E. 190.00 feet; thence N. 28°59' 00" E. 550.00 feet; thence N. 56°30'00" E. 710.00 feet, more or less, to a point on the northeasterly right-of-way line for a road called Drive "A"; thence southeasterly 1960.00 feet, more or less along said right-of-way for Drive "A" to a point being also on the northwesterly right-of-way line of a road called Lane "E"; thence leaving said right-of-way line for Drive "A" northeasterly 2340.00 feet more or less along said right-of-way line for Lane "E" to a point on the cul de sac for said Lane "E"; thence leaving said right-of-way line for Lane 'E" N. 10°56'00" E. 300.00 feet; thence S. 49°18'00" E. 910.00 feet; thence S. 12°13'00" E. 500.00 feet; thence S. 21°01'30" E. 860.00 feet, more or less, to a point on the northerly right-of-way line of Lane "F"; thence north- easterly 710.00 feet, more or less along said northerly right-of-way line to a point being also on the westerly right-of-way line of Lane "D"; thence northerly 1080.00 feet, more or less along said westerly right-of-way line; thence N. 01°27'00" E. 935.00 feet, more or less to the "True Point of Beginning". Save and except all those lands in the following two parcels which lie within the above described parcel. 1. All those lands as described in said Document Number 256352 (being Book 438 at Page 540), as on file in the Garfield County Records. 2. A parcel of land situated in part of Government Lots 6, 10, and 11 in Section 5, Township 7 South, Range 88 West of the Sixth Principal Meridian, in the County of Gar- field, State of Colorado. Said parcel lying north- westerly of the northwesterly right-of-way line for County Road Number 114 (College Road), being 30.00 feet from and parallel to the centerline of said County Road as constructed and in place. Said parcel being more particularly described as follows: DESCRIPTION • Page Three • Beginning at the Northeast Corner of Section 8 in said Township and Range, a stone corner found in place and properly marked; thence N. 60°02'19" W. 1048.55 feet to a point on said northwesterly right-of-way line, the True Point of Beginning; thence, leaving said right-of- way line, S. 89°05'04" W. 360.82 feet; thence S. 72041' 46" W. 501.54 feet; thence N. 15°30'40" W. 389.18 feet; thence N. 72°37'24" E. 298.91 feet; thence N. 57046'36" E. 989.84 feet; thence S. 25044'45" E. 539.32 feet to a point on said northwesterly right-of-way line; thence S. 67°49'48" W. 103.37 feet along said right-of-way line; thence 352.79 feet along the arc of a curve to the left along said right-of-way line, having a radius of 554.35 feet and a chord which bears S. 49°35'54" W. 346.87 feet; thence S. 31021'59" W. 102.51 feet along said right-of- way line to the True Point of Beginning. Said parcel containing 14.63 acres, more or less. Said parcel containing 495 acres more or less. Bearings for this description were based on a bearing of S. 88°54'23" E. between the Northwest Corner of Section 5, Town- ship 7 South, Range 88 West of the Sixth Principal Meridian and the North Quarter Corner of said Section 5. July 30, 1979 G. SUBDIVISION SUMMARY FORM Garfield County Type of Subdivision Request for Exemption Date July 31, 1979 Preliminary Plan X Final Plat Subdivision Name: Filing Los Amigos Ranch Subdivision No. 2 1/2 Location of Subdivision TOWNSHIP 7 RANGE 88 SEC. 5 & E 1AA+ 6 Owner(s) NAME Robert W. Chatmas, Thomas E. Neal, James A. R– Johnson ADDRESS c/o Sundesigns Architects, 1115 Grand AveniP, GlPnwood Subdivider(s) NAME Same as above Springs, CO 81601 ADDRESS Designer NAME Sundesigns Architects ADDRESS 1315 Grand Avenue, G1enwnnd Springs, CII 81601 Type of Subdivision Number of Arca % of Dwelling Units (Acres) Total Area (X) Single Family 42 (X) Al4a- t-rwc4-14.s-D up l e x 62 (X) C -o k r4-i-n-i,11;14.s P a t i ohome 36 (X) Mo -- -Hoe Condo 120 (X) C plate-r--i-a-1- Apt. -.36 (X) I4,14+. -t ialCommercia1N . A _ (X) Recreation N.A. Street 116.6 71.8 25.1 59.8 20.3 17.6 24.9 35.7 Walkways N.A. 24 14 5 12 4 4 5 7 Dedicated School Sites 13.0 3 Reserved School Sites N.A. Dedicated P -a -r -S-i-t-e- Greenbelt 110.5 22 Reserved Park Sites Private Open Areas Easements Other (specify) tal d.u.'s 296 Total 495.3 100 Estimated Water Requirements Proposed Water Source Peak Daily Requirement 358,400 (Bldgs & Irrigation) Gallons/day. Wells Estimated Sewage Disposal Requirement 84,000 (sewered)/4,200(septic)Gallons/dc Proposed Means of Sewage Disposal CMC Treatment /individual systems Facility ACTION: Planning Commission Recommendation Approval ( ) Disapproval ( ) Remarks Date Board of County Commissioners Approval ( ) Remarks Date , 19 Disapproval ( ) , 19 July 31, 1979 • • SUNDESIGNS ARCHITECTS ARCHITECTS PLANNERS SOLAR CONSULTANTS Mr. Ray Baldwin Garfield County Planning Director 2014 Blake Avenue Glenwood Springs, CO 81601 REF: REVISED PRELIMINARY DRAINAGE PLAN FOR LOS AMIGOS RANCH SUBDIVISION NO. 2, SCHEME C Dear Ray, The intent of this letter is to amend the Preliminary Drainage Plan for Los Amigos Ranch Subdivision No. 2 should Scheme C be approved by the County Commissioners. The following stormdrains would be eliminated: 24" CMP @ location 10 on Lane B West 18" CMP @ location 9 on Court B The following stormdrains would be added: 18" CMP @ intersection of Lane F and Lane D Sincerely, SUNDESIGNS ARCHITECTS Ted Robinson cc: Robert Chatmas TWR/cg Approved: Date: 1315 GRAND AVENUE GLENWOOD SPRINGS COLORADO 81601 303/945-2201