HomeMy WebLinkAboutMISC - Phase I Final PlatJOHN A. THULSON
EDWARD MULHALL, JR.
SCOTT BALCOMB
LAWRENCE R. GREEN
TIMOTHY A. THULSON
LORI J. M. SATTERFIELD
DAVID SANDOVAL
CHRISTOPHER L. GEIGER
ANNE MARIE CALLAHAN
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
P. 0. DRAWER 790
818 COLORADO AVENUE
GLENWOOD SPRINGS, COLORADO 81602
VIA HAND DELIVERY TO:
Telephone: 970.945.6546
Facsimile: 970.945.8902
August 30, 2001
Mark Bean, Director
Garfield County Building and Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Dear Mark:
RECEIVED AUG 3 0.2001
OF COUNSEL:
KENNETH BALCOMB
Re: Extension of Time Period for Completion of Subdivision Improvements for
the Rose Ranch Planned Unit Development, Phase 1
As previously discussed and relevant to the above referenced matter, I enclose herewith, an
original and five copies of that document titled Third Amendment to Subdivision Improvements
Agreement, Rose Ranch Planned Unit Development, Phase 1, which amendment extends the
completion date for the construction of improvements within the Subdivision. As discussed with
you and as I am sure you are very much aware, Rose Ranch, LLC is and has been for sometime
actively engaged in the completion of construction of the public improvements for the Rose Ranch
Subdivision. Given the fact that since the Final Plat was filed in the Fall of 2000, Rose Ranch was
due to the onset of winter conditions, unable to complete these improvements within the anticipated
one year time period. Regarding this document I would note that I am signing on behalf of Rose
Ranch, LLC as its attorney-in-fact pursuant to the also enclosed Power of Attorney, an executed copy
of which I will provide to you prior to the Board's hearing on this Amendment.
In accordance with the above I would ask that you schedule this matter at the first available
opportunity before the Board.
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mark Bean, Planning Director
August 30, 2001
Page 2
Should you have any questions or concerns regarding the above please feel free to contact
me at your convenience.
Very truly yours,
BALCOMB & G�REE3\1, P.C.
By
TAT/bc
Encls.
Timothy A. Thulson
THIRD AMENDMENT
TO SUBDIVISION IMPROVEMENTS AGREEMENT
ROSE RANCH PLANNED UNIT DEVELOPMENT, PHASE 1
THIS THIRD AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT is
made and entered into this day of , 2001, by and between ROSE
RANCH, LLC, a Delaware limited liability company (hereinafter "Owner") and THE BOARD OF
COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO (hereinafter
"Board").
WITNESSETH:
WHEREAS, on September 13, 1999 and pursuant to the provisions set forth within Section
5:31 of the Garfield County Subdivision Regulations, as amended, Owner and the Board executed
a Subdivision Improvements Agreement (hereinafter "SIA") addressing and concerning the
construction and completion of certain public and other improvements (hereinafter "Improvements")
contained within the Rose Ranch Planned Unit Development, Phase 1.
WHEREAS, under the SIA, Owner was required to complete construction of the
Improvements on or before September 1, 2000.
WHEREAS, in order to accommodate the delay experienced by Owner instant to the filing
of the Final Plat for the Rose Ranch Planned Unit Development, Phase 1, the time period for the
completion of construction of Improvements was extended by the Board on July 10, 2000 (First
Amendment to Subdivision Improvements Agreement) to September 1, 2001.
WHEREAS, the Final Plat for the Rose Ranch Planned Unit Development, Phase 1 was filed
in the records of the Clerk and Recorder for Garfield County, Colorado on September 11, 2000 and
since that date Owner has actively been involved in constructing the Improvements in accordance
with the terms and conditions of the SIA.
WHEREAS, Owner will be unable to complete the Improvements by September 1, 2001.
WHEREAS, the Board and Owner wish to amend those provisions of the SIA governing the
time periods for completion of the Improvements to allow completion thereof under Owner's present
construction schedule.
NOW, THEREFORE, for and in consideration of the premises and the following mutual
covenants and agreements, Owner and the Board agree as follows:
1. The time periods for Owner's performance set forth within the SIA at paragraphs 2,
4, 5 and 6 are hereby amended from September 1, 2001 to September 1, 2002.
2. All remaining terms, provisions and conditions of the SIA, as amended, which are
not addressed or otherwise effected by this Third Amendment to Subdivision Improvements
Agreement shall remain in force and effect.
ENTERED INTO the day and year first above written.
ROSE RANCH, LLC
a Delaware limited liab)lity company
By
Timothy A. Thulson, Attorney -in -Fact
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By
Chairman
ATTEST:
Clerk to the Board
Third Amendment to Subdivision Improvements Agreement for Rose Ranch PUD, Phase 1
Rose Ranch, LLC/GarCo Board of County Commissioners
E: IWP-DOCS1 Tim Thulsonl Third Amendment to Subdivision Improvements Agreement for Rose Ranch PUD, Phase 1.8-30-01.1vpd
Page 2of2
POWER OF ATTORNEY
ROSE RANCH, LLC, a Delaware limited liability company ("Grantor"), with a principal place
of business at c/o Ron Jacobs, 730 17`h Street, Suite 900, Denver, Colorado 80202, hereby makes,
constitutes and appoints Timothy A. Thulson of Glenwood Springs, Colorado ("Attorney -in -Fact"),
to be its true and lawful Attorney -in -Fact, for it and in its name, place and stead, to execute the Third
Amendment ofthe Subdivision Improvements Agreement for Rose Ranch Planned Unit Development,
Phase 1, and to generally to do any and all things which the Attorney -in -Fact in his discretion shall be
necessary or proper on behalf of the Grantor concerning the execution of the Third Amendment of the
Subdivision Improvements Agreement identified above and which the limited liability company could
do, with full power of substitution or revocation, ratifying and confirming all that the Attorney -in -Fact
shall lawfully do or cause to be done, by virtue of this Power of Attorney.
This Power of Attorney shall automatically expire by its own terms upon completion of the
limited purpose set forth hereinabove.
IN WITNESS WHEREOF, I have hereunto set my hand on this day of
2001.
STATE OF ILLINOIS )
) ss.
COUNTY OF COOK )
ROSE RANCH, LLC,
a Delaware limited liability company
By:
Marguerite M. Brogen
The foregoing instrument was acknowledged before me this
2001, by Marguerite M. Brogen as
Delaware limited liability company.
day of
for Rose Ranch, LLC, a
Witness my hand and official seal
My commission expires
Notary Public
E:\WP-DOCS\Tim Thulson\Power of Attorney for Timothy A. Thulson for Rose Ranch, LLC.8-30-O1.wpd
THIRD AMENDMENT
TO SUBDIVISION IMPROVEMENTS AGREEMENT
ROSE RANCH PLANNED UNIT DEVELOPMENT, PHASE 1
THIS THIRD AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT is
made and entered into this day of , 2001, by and between ROSE
RANCH, LLC, a Delaware limited liability company (hereinafter "Owner") and THE BOARD OF
COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO (hereinafter
"Board").
WITNESSETH:
WHEREAS, on September 13, 1999 and pursuant to the provisions set forth within Section
5:31 of the Garfield County Subdivision Regulations, as amended, Owner and the Board executed
a Subdivision Improvements Agreement (hereinafter "SIA") addressing and concerning the
construction and completion of certain public and other improvements (hereinafter "Improvements")
contained within the Rose Ranch Planned Unit Development, Phase 1.
WHEREAS, under the SIA, Owner was required to complete construction of the
Improvements on or before September 1, 2000.
WHEREAS, in order to accommodate the delay experienced by Owner instant to the filing
of the Final Plat for the Rose Ranch Planned Unit Development, Phase 1, the time period for the
completion of construction of Improvements was extended by the Board on July 10, 2000 (First
Amendment to Subdivision Improvements Agreement) to September 1, 2001.
WHEREAS, the Final Plat for the Rose Ranch Planned Unit Development, Phase 1 was filed
in the records of the Clerk and Recorder for Garfield County, Colorado on September 11, 2000 and
since that date Owner has actively been involved in constructing the Improvements in accordance
with the terms and conditions of the SIA.
WHEREAS, Owner will be unable to complete the Improvements by September 1, 2001.
WHEREAS, the Board and Owner wish to amend those provisions of the SIA governing the
time periods for completion of the Improvements to allow completion thereof under Owner's present
construction schedule.
NOW, THEREFORE, for and in consideration of the premises and the following mutual
covenants and agreements, Owner and the Board agree as follows:
1. The time periods for Owner's performance set forth within the SIA at paragraphs 2,
4, 5 and 6 are hereby amended from September 1, 2001 to September 1, 2002.
2. All remaining terms, provisions and conditions of the SIA, as amended, which are
not addressed or otherwise effected by this Third Amendment to Subdivision Improvements
Agreement shall remain in force and effect.
ENTERED INTO the day and year first above written.
ROSE RANCH, LLC ,
a Delaware limited lial�aity company
By
Timothy A. Thulson, Attorney -in -Fact
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By
Chairman
ATTEST:
Clerk to the Board
Third Amendment to Subdivision Improvements Agreement for Rose Ranch PUD, Phase 1
Rose Ranch, LLC/GarCo Board of County Commissioners
E:IWP-DOCSITim Thudo,, Third Amendment 10 Subdivision Improvements Agreement for Rose Ranch PUD, Phase I.8-30-0i.wpd
Page 2 of 2
AMODMO S AGEMENT
TI31� IMPROVEMENTS
T GgEEMENT is
ROSE
between
SUBDIVISION IMPROVEMENTS
by and nd THE BOARD OF
MENDMENT TO y of einafter "Owner") b a et (hereinafter
VIRE, A TE
THIS TH COLO
into this liability company Co TY STA OF
made and entered ERS OF GARFIEL
C aDelaware limited
RATTY COMIviISSION
CO
«Board •
SUBDIVISION
IMP ELOPMENT PHASE 1
O SSB UNIT DEV
OSE INCH PLANNED VEMEN
TS A
R O
WITNESSETH:
to the p Ovines and the concerning the
1999 and pursuantended d
September 13, s as am ddressing ' ants")
EgEeld on Sep Subdivision Regulations,
eg l a n Etas "SIA") a hereinafter "ImprOvem
'WHEREAS,
ent ( rovements
the Garfield encs Agreement d other imp Phase 1.
5.31 of rovem public an Development, a Subdivision Improvements
mp I t on of certaind j Jnit D
construction
contain
I
orth within Section
Board executed
rovisions $et f
tion and completion
omp e 1 plana complete
Planned 'thin the hose Ranch was required to
ed SIA,
under the 1 � 2000
WHEREAS, re September
the
construction of
experienced by Ownerwithin instar period for the
or before delay eXp l the est 10, 2000 (First
Improvements °n accommodate the Development, phase July
order to accom ed Unit Develop b the Board on
'WHEREAS, in Ranch Plane as extended Y ber 1, 2001
WH the Rose encs w ant) to September filed
plat for of Improvem neem t Phase 1 was d
of the Final construction ents Ag alar 11 2000
letion of constru Improvements edUnitDevelo September
comp E Subdivision Imp plann accordance
Amendment oseRanch County, Colorado on
nrovements in
'WHEREAS, Clerk
MalPlat
Ret oTdeT R Garfield the Imp
gecorder for volved in constructing
WKE Clerk and b September 1, 2001 •
of the
has actively been m
in the records date of the SIN.
encs Y
he terms and conditions late the ImprOvem
since to comp over, 2001.e
with t Own ill be unable of the SIA governing
s present
RE AS' Owner w to amend those provi io eof under NOgo
W d Owner wish �,,� completion
'WHEgEASpl eBoardan entsto allow
utu
completion of the Imp and the following n'
periods for comp f the premises
timep schedule.
construction din consideration ° follows:
NOW THEREFORE,
for and
d the Board agree as
N reements' Owner covenants and ag
1
4
1. The time periods for Owner's performance set forth within the SIA at paragraphs 2,
4, 5 and 6 are hereby amended from September 1, 2001 to September 1, 2002.
2. All remaining terms, provisions and conditions of the SIA, as amended, which are
not addressed or otherwise effected by this Third Amendment to Subdivision Improvements
Agreement shall remain in force and effect.
ENTERED INTO the day and year first above written.
ROSE RANCH, LLC
a Delaware limited liab,j.lity company
By
Timothy A. Thulson, Attorney -in -Fact
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By
Chairman
ATTEST:
Clerk to the Board
Third Amendment to Subdivision Improvements Agreement for Rose Ranch PUD, Phase I
Rose Ranch, LLC/GarCo Board of County Commissioners
E: I WP-DOCSITim Thulsonl Third Amendment to Subdivision Improvements Agreement for Rose Ranch PUD, Phase 1.8-30-01. wpd
Page 2 of 2
THIRD AMENDMENT
TO SUBDIVISION IMPROVEMENTS AGREEMENT
ROSE RANCH PLANNED UNIT DEVELOPMENT, PHASE 1
THIS THIRD AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT is
made and entered into this day of , 2001, by and between ROSE
RANCH, LLC, a Delaware limited liability company (hereinafter "Owner") and THE BOARD OF
COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO (hereinafter
"Board").
WITNESSETH:
WHEREAS, on September 13, 1999 and pursuant to the provisions set forth within Section
5:31 of the Garfield County Subdivision Regulations, as amended, Owner and the Board executed
a Subdivision Improvements Agreement (hereinafter "SIA") addressing and concerning the
construction and completion of certain public and other improvements (hereinafter "Improvements")
contained within the Rose Ranch Planned Unit Development, Phase 1.
WHEREAS, under the SIA, Owner was required to complete construction of the
Improvements on or before September 1, 2000.
WHEREAS, in order to accommodate the delay experienced by Owner instant to the filing
of the Final Plat for the Rose Ranch Planned Unit Development, Phase 1, the time period for the
completion of construction of Improvements was extended by the Board on July 10, 2000 (First
Amendment to Subdivision Improvements Agreement) to September 1, 2001.
WHEREAS, the Final Plat for the Rose Ranch Planned Unit Development, Phase 1 was filed
in the records of the Clerk and Recorder for Garfield County, Colorado on September 11, 2000 and
since that date Owner has actively been involved in constructing the Improvements in accordance
with the terms and conditions of the SIA.
WHEREAS, Owner will be unable to complete the Improvements by September 1, 2001.
WHEREAS, the Board and Owner wish to amend those provisions of the SIA governing the
time periods for completion of the Improvements to allow completion thereof under Owner's present
construction schedule.
NOW, THEREFORE, for and in consideration of the premises and the following mutual
covenants and agreements, Owner and the Board agree as follows:
1. The time periods for Owner's performance set forth within the SIA at paragraphs 2,
4, 5 and 6 are hereby amended from September 1, 2001 to September 1, 2002.
2. All remaining terms, provisions and conditions of the SIA, as amended, which are
not addressed or otherwise effected by this Third Amendment to Subdivision Improvements
Agreement shall remain in force and effect.
ENTERED INTO the day and year first above written.
ROSE RANCH, LLC
a Delaware limited liability company
By
Timothy A. Thulson, Attorney -in -Fact
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By
Chairman
ATTEST:
Clerk to the Board
Third Amendment to Subdivision Improvements Agreement for Rose Ranch PUD, Phase 1
Rose Ranch, LLC/GarCo Board of County Commissioners
E: I WP-DOCSITim Thulsonl Third Amendment to Subdivision Improvements Agreement for Rose Ranch PUD, Phase I.8-30-0/. wpd
Page 2of2
,Garfield County
March 9, 2001
Tom Dykema
0257 CR 157
Glenwood Springs, CO 81601
Building & Planning Department
Dear Mr. Dykema:
After reviewing the issue with the County Attorney and reviewing the Rose Ranch PUD
Plan map and final plat files, I can make some limited comments on the issue you raised
in your February 28th letter. Since the Board has approved the PUD rezoning,
preliminary plan and the initial phases of the project, there is very little we can do at this
time, which I will try to explain further.
The Rose Ranch PUD Plan, does not identify any land uses on your properties. The
PUD Plan shows some lot lines going directly up to your property boundaries and two
other sections are shown as common open space for the development, adjacent to some of
the property boundaries. Rose Ranch has final platted some of the lots in the
development, along with the entire golf course. The map you attached to your letter is
the correct representation. The area adjacent to your properties has not been platted at
this time, but will be platted in Phase III, which is supposed to occur between 2002-2004.
The developers do have the option of accelerating the schedule, if they decide it is
warranted. Final Plat approval does not require any public hearing or notice, so there is
no real recourse for additional comments by your group in terms of a County process.
Beyond what you see on the PUD Plan maps, I was unable to find any other
representations about your property.
Whether or not you have any other legal recourse will have to be answered by an attorney
of your groups choice. If I can answer any other questions about the Rose Ranch, feel
free to call or write to me, at your convenience.
Sincerely,
Mark L. Bean, Director
Building & Planning Department
109 8th Street, Suite 303
945-8212/285-7972 Glenwood Springs, Colorado 81601
Tom Dykema
0267 Co. Rd. 167
Glenwood Springs, CO 81601
February 28, 2001
Mr. Mark Bean
Garfield County Building Planning Dept.
109 8th St.
Glenwood Springs, CO 81601
Dear Mr. Bean:
RECEIVED MAR o 1 20D1
Thank you for taking the time to discuss my concerns about the property line
which I and my neighbors have in common with the Rose Ranch development.
For your information, this property line condition is apparently shared by the
following property owners, listed starting at the low point and heading upstream:
1) Doug Mochrie 2) The Dykemas 3) Bea Young 4) Paul Echeverria 5) Suzanne
Dameron 6) Natalie Gardner.
As you requested I am providing, attached, a copy of my improvement survey
and a copy of the Sketch Plan as submitted by the Rose Ranch developers on
April 2, 1998. I trust that will be clear to you that there is a stretch of riverbank
on the Rose Ranch side which is not Rose Ranch property.
I would appreciate your comments with regard to that property line. I am
especially interested in your understanding of how this small piece of land was
represented on the plans submitted to Garfield County by the Rose Ranch
developers, and howl and my neighbors are affected by the plans for the
development. I understand of course that neither you or the county attorney
should give me or my neighbors legal advice, however your comments on
relevant county procedures and policies would be very helpful.
Please feel free to call me at 945-5272 with any questions. Thank you in
advance for your co-operation.
Sincerely
Tom Dykem
Cc: Doug Mochrie et al
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UPDATE IMPROVEMENT LOCATION CERTIFICATE
JOHN A. THULSON
EDWARD MULHALL, JR.
SCOTT BALCOMB
LAWRENCE R. GREEN
TIMOTHY A. THULSON
LORI J. M. SATTERFIELD
EDWARD B. OLSZEWSKI
DAVID SANDOVAL
DENDY M. HEISEL
HAND DELIVERED
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
P. 0. DRAWER 790
818 COLORADO AVENUE
GLENWOOD SPRINGS, COLORADO 81602
Telephone: 970.945.6546
Facsimile: 970.945.8902
September 8, 2000
Mr. Mark Bean
Garfield County Building and Planning Department
109 Eighth Street, Third Floor
Glenwood Springs, Colorado 81601
Re: Rose Ranch & Westbank Golf Course
Dear Mark:
RECEIVED SEP 0 8 2000
OF COUNSEL:
KENNETH BALCOMB
Enclosed please find the Appraisal Report for the Rose Ranch & Westbank Golf
Course. This appraisal addresses the school impact fee issues.
Should you have any questions or concerns regarding the above, please feel free
to contact me at your convenience.
TAT:nmk
Enclosures
Very truly yours,
BALCOMB & GREEN, P.C.
RECEIVED SEP 0 8 an
LIMITED APPRAISAL -
RESTRICTED APPRAISAL REPORT
THE ROSE RANCH & WESTBANK GOLF COURSE
GARFIELD COUNTY, COLORADO
PREPARED FOR THE
GARFIELD COUNTY BOARD OF COMMISSIONERS
RE -1 SCHOOL DISTRICT OF GARFIELD COUNTY
GARFIELD COUNTY, COLORADO
AS OF:
SEPTEMBER 29, 1999
PREPARED BY
MCCLOUD AND ASSOCIATES
1720 S. BELLAIRE STREET, SUITE #1100
DENVER, COLORADO
Garfield County Board of Commissioners
RE -1 School District of Garfield County
October 8, 1999
Page 1,
This is a Limited Appraisal in a Restricted Appraisal Report which is intended to comply with the
reporting requirements set forth under Standards Rule 2-2(c) of the Uniform Standards of
Professional Appraisal Practice (USPAP) for a Restricted Appraisal Report. As such, it presents
no discussions of the data, reasoning and analyses that were used in the appraisal process to
develop the appraiser's opinion of value. Supporting documentation concerning the data,
reasoning and analyses is retained in the appraiser's file. The depth of discussion contained in this
report is specific to the needs of the client and/or the intended use stated below. The appraiser is
not responsible for unauthorized use of this report.
Furthermore, in accordance with prior agreement between the client and the appraiser, this
report is the result of a limited appraisal process in that certain allowable departures from
specific guidelines of the Uniform Standards of Professional Appraisal Practice (USPAP) were
invoked. The intended user of this report is warned that the reliability of the value conclusion
provided may be impacted to the degree there is a departure from specific guidelines of USPAP.
CLIENT: Garfield County Board of Commissioners
RE -1 School District of Garfield County
Garfield County, Colorado
APPRAISER: Harold S. McCloud, MAI
1720 S. Bellaire, Suite 1100
Denver, Colorado
SUBJECT: Rose Ranch and the Westbank Golf Course
Garfield County, Colorado
PURPOSE OF THE APPRAISAL: To estimate market value as defined by the Office of the
Controller of the Currency under 12 CFR, Part 34, Subpart C.
INTENDED USE OF THE REPORT: The purpose of this appraisal is to estimate the market
value of the fee simple interest in the subject property, as if free and clear of all liens, leases or
encumbrances, in its "as -is" condition, with a zoning of A-1, and assuming less than one year
exposure to the market. The function of this appraisal is to aid in or support decisions relating to
the School Impact Fee Calculations for the subject property for the benefit of the client, Garfield
County Board of Commissioners and the RE -1 School District of Garfield County.
Garfield County Board of Commissioners
RE -1 School District of Garfield County
October 8, 1999
Page 2,
INTEREST VALUE: Fee Simple Interest
EFFECTIVE DATE OF VALUE: September 29, 1998
DATE OF REPORT: October 8, 1999
APPRASIAL DEVELOPMENT AND REPORTING PROCESS: In preparing this appraisal,
the appraiser inspected the subject property, gathered information from the subject's neighborhood,
and in the general real estate markets. Investigated sales of large acreage land, which were relied
upon in this report. The sales were confirmed with at least one party to the transaction. This
information was applied in the Sales Comparison Approaches.
This Restricted Appraisal Report sets forth only the appraiser's conclusions. A complete, self-
contained appraisal report can be provided upon request.
REAL ESTATE APPRAISED: Rose Ranch and the Westbank Golf Course contains 534.189 -
acres, located in Garfield County, Colorado. The zoning is A-1, agricultural.
HIGHEST AND BEST USE:
Highest and Best Use as though vacant: Development a residential community.
Highest and Best Use as improved: A residential development with golf course
CONCLUDED VALUE: The estimated market value of the subject land is $6,410,000 or
$12,000 per acre.
This is a Limited Appraisal because a subdivision analysis was not processed.
INDICATED EXPOSURE TIME: About 9 to 12 months.
INDICATED MARKETING TIME: About 9 to 12 months.
CER TIFICA TION:
I certify that, to the best of my knowledge and belief, ...
The statements of fact contained in this report are true and correct.
The reported analyses, opinions, and conclusions are limited only by the reported
assumptions and limiting conditions, and is my personal, unbiased professional analyses,
opinions and conclusions.
I have no present or prospective interest in the property that is the subject of this report, and
I have no personal interest or bias with respect to the parties involved.
My compensation is not contingent upon the reporting of a predetermined value or direction
in value that favors the cause of the client, the amount of the value estimate, the attainment
of a stipulated result, or the occurrence of a subsequent event.
The appraisal assignment was not based on a requested minimum valuation, a specific
valuation, or the approval of a loan.
My analyses, opinions, and conclusions were developed, and this Restricted Appraisal
report is intended to comply with the reporting requirements set forth under Standards Rule
2-2(c) of the Uniform Standards of Professional Appraisal Practice (USPAP).
Harold S. McCloud, MAI has made a personal inspection of the property that is the subject
of this report.
No one other than the undersigned, provided assistance in the preparation of this report.
_ The use of this report is subject to the requirements of the Appraisal Institute and the
Appraisal Foundation relating to review by their duly authorized representatives.
The reported analyses, opinions, and conclusions were developed, this report has been
prepared, in conformity with the requirements of the Code of Professional Ethics and the
Standards of Professional Appraisal Practice of the Appraisal Institute.
As of the date of this report, Harold S. McCloud, MAI has completed the requirements of
the continuing education program of the Appraisal Institute.
In my opinion, the Fee Simple Market Value as of September 29, 1999 is $6,410,000.
ei6(!).04,
Harold S. McCloud, MAI
State of Colorado Certified General Appraiser
Certificate #CG01313633
Assumptions and Limiting Conditions
This Appraisal Report is subject to the following Assumptions and Limiting
Conditions:
1. Limited Appraisal because it invokes the Departure Provision of the
Uniform Standards of Professional Appraisal Practice. As such,
information pertinent to the valuation has not been considered and/or the
full valuation process has not been applied. Depending on the type and
degree of limitations, the reliability of the value conclusion provided
herein may be reduced.
2. This is a Limited Appraisal in a Restricted Appraisal Report which is
intended to comply with the reporting requirements set forth under
Standards Rule 2-2(c) of the Uniform Standards of Professional Appraisal
Practice (USPAP) for a Restricted Appraisal Report. As such, it presents
no discussions of the data, reasoning and analyses that were used in the
appraisal process to develop the appraiser's opinion of value. Supporting
documentation concerning the data, reasoning and analyses is retained in
the appraiser's file. The depth of discussion contained in .this report is
specific to the needs of the client and/or the intended use stated below.
The appraiser is not responsible for unauthorized use of this report.
Legal Matters and Title
1. No investigation of title to the subject property has been made, and it is
assumed to be good and marketable, free and clear of all deeds of trust, use
restrictions and reservations, easements, cases or actions pending, tax liens,
and bonded indebtedness, unless otherwise specified.
2. No responsibility for legal matters is assumed.
3. All existing liens and encumbrances have been disregarded and the subject
property is appraised as though free and clear, unless otherwise specified.
4. The subject property is valued as if free and clear of leases and available for
lease.
Limitations on the Extent of the Appraisal Process
1. The appraiser assumes that there are no hidden or unapparent conditions of
the subject property, subsoil or structures which would render it more or less
valuable than otherwise comparable property. The appraiser assumes no
responsibility for such conditions or for engineering, which might be
required to discover such deficiencies.
The appraiser has made no investigation into the presence or absence of
asbestos, PCBs, or other hazardous materials in the subject property. The
reader should be aware that no consideration has been given to the impact, if
any, on the valuation of the subject property if any of these materials should
be present. The appraiser assumes no responsibility for addressing such
conditions, if any, or for engineering which might be required to discover
such deficiencies.
3. The author is not qualified to determine if the subject property meets the
requirements of the Americans with Disabilities Act, effective January 26,
1992.
I suggest an audit be performed to see if the subject property meets the ADA
requirements. If changes to the subject property are necessary in order for
the improvements to comply with the requirements of this legislation, my
valuation is subject to change.
Limitations on information contained in this Appraisal Report
1. Care has been taken to obtain all information from reliable sources.
However, the appraiser cannot guarantee or be responsible for the accuracy
of this information.
2. Any sketches in this report are intended to be visual aids and should not be
construed as surveys or engineering drawings.
Limitations on value estimates contained in this Appraisal Report
1. If the valuation contained herein relates to an estate that is less than the
whole fee simple estate and is a fractional interest only. The value of this
fractional interest, plus the value of all other fractional interests, may or may
not equal the value of the entire fee simple estate considered as a whole.
2. The distribution of the total valuation in this report between land and
improvements applies only under the existing program of utilization. The
separate valuations for land and building must not be used in conjunction
with any other report and are invalid if so used.
3. The value reported for each geographical portion relates to such portion only
and should not be construed as applying with equal validity to other portions
of the larger parcel or tract. The value reported for each geographical
portion plus the value of all other geographical portions may or may not
equal the value of the entire parcel or tract considered as a whole.
4. No consideration has been given to any furniture, trade fixtures, or special
equipment. Any discussion of those items is for reference purposes only,
and I accept no responsibility for the valuation of those items.
5. In the current market, real estate price levels for income-producing
properties are dictated by the present value of future expectations. Under
the circumstances, appraisers must quantify market projections, which are,
by their character, imprecise. Property earnings and financial projections
contained in this report represent my informed judgment as to present and
anticipated market trends. Any cash flow analysis implemented for
valuation purposes represents an orderly financial process superimposed on
a market, which is typically erratic in behavior. Any aberrations and/or
dramatic changes in the local and national economy may impact the subject
property's capacity to generate the earnings set forth herein with a
concomitant impact on value.
Publication and use of this Appraisal Report
1. Possession of this report or a copy thereof does not imply right of
publication, nor use for any purpose by any other than the person or
company to whom it is addressed, without the written consent of the author.
2. The report and data investigated, except that furnished by the client, remain
the sole property of this firm.
3. Neither all nor any part of the contents of this report shall be conveyed to the
public through advertising, public relations, news, sales or other media,
without the written consent and approval of the author, particularly as to
valuation conclusions, the identity of the author or firm with which they are
connected, or any reference to the Appraisal Institute and the Appraisal
Foundation, or to the MAI Designation.
4. I have no objection to your use of the firms name as the author of the report
which is to be prepared, and hereby consent to your making reference to
such report in your reports or financial statements and in any document filed
with any governmental agency, provided that: 1) prior to making any such
reference in any report or statement or any document filed with The
Securities and Exchange Commission or other governmental agency, I am
allowed to review and approve the text of such reference to determine the
accuracy and adequacy of such reference to the report prepared by our firm;
2) in my opinion, the proposed reference is not untrue or misleading and is
adequate for the purposes intended in light of the circumstances under which
it is made; and, 3) such reference to the report includes language to be
approved by this firm.
5. Loss or removal of any portion of this report invalidates the entire report.
General Limitations on the Appraisal
1 The terms of the agreement between the client and the appraiser is such that
the appraiser has no obligation to update the report or revise it in any
manner because of events or transactions occurring subsequent to the date of
such report.
2. The appraiser shall not be required to give testimony or be in attendance in
court by reason of this report unless prior arrangements have been made in
writing. If any courtroom or administrative testimony is required in
connection with this report, an additional fee shall be charged for those
services.
3. Other Assumptions and Limiting Conditions have been made where they
logically apply and are specified in the report.
Limitations on value estimates contained in this Appraisal Report for Proposed
Improvements
1. Completion as per the plans and specifications submitted and construction to
start within a reasonable time period from the date of this appraisal.
2. The appraiser reserves the right to inspect the subject improvements when
completed to verify conformance with the plans and specifications upon
which this appraisal is based.
Qualifications of the Appraiser
NAI\'IE: Harold S. McCloud
EDUCATION: Bachelor of Arts, Metropolitan State College May, 1991, Major: History;
Minor: Real Estate Various Continuing Education Seminars
APPRAISAL
ASSOCIATIONS: MAI (Member, Appraisal Institute),
Certificate No. 9758, December, 1992
Assistant Regional Member, Ethics Committee
Chapter Director
Candidates Guidance Chair 1993-1996
Newsletter Editor 1990-1992
MEMBER OF:
LICENSES:
Former Council -member -Town of Parker 1994-1996
Former Member DRCOG & E-470 1994-1996
Vice President, Parker Properties I,
Metropolitan District, 1990 -Present
Staff Instructor—Arapahoe Community College
1993 -Present and Emily Griffith Opportunity School
Colorado Real Estate Broker (active)
Class B Contractors License (inactive)
Certified General Appraiser in Colorado, #CGO1313633
BUSINESS
AFFILIATIONS: McCloud & Associates
1720 S. Bellaire Street #1100
Denver, Colorado 80222
APPRAISAL
EXPERIENCE: Appraisal assignments have involved the valuation of: residential, commercial
and industrial land, apartment buildings, bowling alleys, car washes, commercial
buildings, conference centers, golf courses, hotels, ice arenas, industrial
buildings, mobile home parks, motels, office buildings, recreational properties,
subdivisions, shopping centers, theaters, easements, leasehold and leased fee
interests. Emphasis on special purpose properties containing a business value
increment. Portfolio assignments include: multiple commercial properties
located in Colorado, Maryland, Nebraska, Kansas and Illinois.
CAREER
HISTORY: Owner, McCloud & Associates. Principle appraiser with MacTaggart and
Mosier from 1990 to 1995; associate appraiser with Joseph Farber & Company,
Inc. from 1986 to 1990. Two years with John Ratkovich, Century 21, as a
commercial real estate salesman. From 1969 to 1984, held various positions in
construction management.
GARFIELD COUNTY TREASURER
RECEIPT
DATE: Ij--/3- fl0
FROM: iL 4-1-9 is2-64-4—e."
RE:
/ / ` G- - z o 0-0
SIGNED:
BY
SEP .20.2000 2:43PM NO.677 P.2/4
RECEIVED SEP 2 7 2000
RONALD H. JACOBS
A Professional Corporation
Attorney at Law
,The Equitable Building
730 17th Street, Suite 90()
Denver, Colorado g0202
Don K. Deford, Esq.
Garfield County Attorney
109 8th Street
Glenwood Springs, CO 81601
September 20, 2000
Re: Rose Ranch Planned Unit Development
Dear Mr. Deford:
Phone: (303) 575-" 25
FAX: (303) 825-9147
E-mail: rj.taw®worldnet.au.nct
This letter is to acknowledge the agreement of the parties that the date for delivery
of an acceptable letter of credit set out in the September 8, 2000 letter regarding the
Deposit, as defined in the letter, is changed from September 18, 2000 to October 2, 2000.
All other terms of the letter, a copy of which is attached, remain the same.
Very truly yours,
Ronald H. Jacobs
Acknowledged and agreed to on • .: of the Bo d of Co
Garfield County this ly of September, = 1 00.
Acknowledged and agreed to o
County thisigy of September, 2
ssioners of
of the Coun Treasurer of Garfield
SEP.20.2000 2:43PM
The Equitable Building
730 17th Street. Suite 900
Denver. Colorado 80202
Don K. Deford, Esq,
Garfield County Attorney
109 8th Street
Glenwood Springs, CO 81601
RONALD H. JACOBS
A Professional Corporation
Attorney at Law
September 8, 2000
Re: Rose Ranch Planned Unit Development
Dear Mr, Deford:
NO.677 P.3/4
Phone: (303) 575-9225
FAX: (303) 825-9147
E-mail: rj.law@worldnet.ntt.net
This letter is to set out the understanding between Lehman Brothers Holdings Inc.
doing business as Lehman Capital, a division of Lehman Brothers Holdings Inc.
("Lehman") and the Board of County Commissioners of Garfield County (the "County")
with regard to the cash deposit being made by Lehman to the County Treasurer of
Garfield County.
Under the terms of County Resolution No, 99-068 approving the preliminary plan
for Rose Ranch P.U.D. and the Subdivision Improvement Agreement (the "SIA")
between Roaring Fork Investments, LLC (the "Owner") and the County a letter of credit
is to be delivered to the County to secure and guarantee the performance of the
obligations of the Owner under the SIA. Lehman is depositing by wire transfer to the
County Treasurer of Garfield County the sum of $8,563,366.85 (the "Deposit"). The
Deposit is being made in lieu of the letter of credit in the same amount and to allow
Lehman or the Owner a period of time to arrange for the letter of credit.
It is Lehmap's understanding that the Deposit will held sum pending the delivery
of a letter of credit in the same amount. The letter of credit shall be delivered on or
before September 18, 2000. Upon delivery of an acceptable letter of credit the Deposit
will be returned to Lehman, without interest. In consideration of the County retaining
any interest which May be earned on the deposit the County and the County Treasurer
agree to waive any fees or charges to which they may be entitled for accepting and
holding the Deposit. In addition the County Treasurer shall have no obligation to make
any disbursements in whole or in part of the Deposit other than to return the Deposit to
Lehman upon the delivery of the letter of credit,
SEP.20.2000 2:43PM
Don K. Deford, Esq.
September 8, 2000
Page 2
NO.677 P.4/4
If the foregoing correctly sets forth the understanding of the Board of County
Commissioners with regard to this deposit, please have this Letter executed by the
appropriaxe authority in the space provided below.
Very truly yours,
/�'
Ronald H. Jac bs
Acknowledged and agreed to behalf of th
Garfield County this Jl day of Septemb- 2000.
f County Commissioners of
Acknowledged and agreed to on behalf
County this, day of September, 2000.
INDEMNIFICATION AGREEMENT
(County Road 109)
THIS AGREEMENT is made and entered into this day of , 1999, by
and between ROARING FORK INVESTMENTS, LLC, a Colorado Limited Liability
Company ("Owner") and the BOARD OF COUNTY COMMISSIONERS FOR GARFIELD
COUNTY, COLORADO ("County").
WHEREAS, Owner is the owner of certain real property located in Garfield County,
Colorado ("Rose Ranch PUD"), which property has received from the County planned unit
development zoning approval for 292 residential units, a golf course, club house and attendant
recreational facilities, which approval is set forth within Resolution No. 98-80, issued by the
County and filed for record, in the Office of the Clerk and Recorder for Garfield County,
Colorado on September 9, 1998 at Book 1087, Page 862 and Reception No. 531935.
WHEREAS, pursuant to Resolution No. 99-067, issued by the County on May 4, 1999,
the planned unit development zoning for the Rose Ranch PUD was amended to allow for, inter
alia, the provision of additional affordable housing units. A copy of this Resolution was filed for
record in the Office of the Clerk and Recorder for Garfield County, Colorado on June 8, 1999, at
Book 1133, Page 911 and Reception No. 546856.
WHEREAS, under the Resolutions of approval above referenced, Owner is required to
provide the County a "[m]ethod by which the owners of the golf course will secure..." the
financing for the costs of repairs, should "[i]rrigated golf course holes 11 and 12 immediately
above County Road 109 result in a continuation of road damage.", and/or should "[d]ebris flows
from the golf cart drainage channel damage the appurtenant County Road 109 golf cart
underpass."
WHEREAS, Owner and the County have agreed that if adjusted annually for inflation,
the total cost of repairs that could be required at any given time for this section of County Road
109 and the golf cart underpass will not exceed the total costs set forth and certified - in 1999
dollars - by High Country Engineering, Inc. in Exhibit A, attached herewith and incorporated
herein by this reference.
WHEREAS, Owner and the County have agreed that adequate security for the estimated
repair costs above set forth will be provided if the is same secured against the golf course
properties ("Golf Course Property") contained within the Rose Ranch PUD, said Golf Course
County Road 109 Indemnification Agreement
Rose Ranch P. U.D.
06 -Aug -99
Page 1
RECEIVED AUG 0 6 1999
GARFIELD COUNTY
PLANNING DEPARTMENT
109 8TH ST. - SUITE 303
GLENWOOD SPRINGS, CO 81601
Property being more particularly described in the Final Plat for the Rose Ranch PUD filed on
date even herewith, said legal description being incorporated herein by this reference.
WHEREAS, Owner and the County desire to set forth the provisions pursuant to which
Owner will provide security for the potentially required repairs to County Road 109 above
described.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PREMISES
AND THE FOLLOWING MUTUAL COVENANTS AND AGREEMENTS, THE
PARTIES HEREBY AGREE AS FOLLOWS:
1. Term. This Agreement shall be effective immediately upon the commencement
of construction of the golf course facilities located upon the Golf Course Property and shall
continue thereafter for so long as the golf course activities/operations are conducted upon the
Golf Course Property, unless earlier terminated by written mutual agreement of the parties.
2. Reimbursement. Owner shall, subject to the terms and provisions of this
Agreement, reimburse to the County all costs and outlays that may be incurred or expended by
the County instant to the repair of all damages to County Road 109 proximately caused by the
irrigation of the grasses within golf course holes 11 and 12, located within the Golf Course
Property adjacent to and west of County Road 109 and/or debris flows from the golf cart
drainage channel.
3. Demand for Reimbursement. Within sixty (60) of completion of the County
Road 109 repairs for which reimbursement is sought by the County, the County shall provide
Owner a written report or invoice outlining the costs incurred and/or expended by the County in
completing said repairs together with a demand to be reimbursed for the same. This written
report shall contain a certification signed by the County Engineer that the costs set forth therein:
a. accurately reflect the costs incurred/expended by the County; and
b. relate solely to the repair of damages to County Road 109 caused by or
proximately resulting from the irrigation of grasses within golf course holes11 and 12,
located within the Golf Course Property adjacent to and west of County Road 109 and/or
debris flows from the golf cart drainage channel.
4. Objections to Reimbursement Demand. Within thirty (30) days of its receipt of
the Counties written report of costs and demand for reimbursement, Owner may provide written
notice to the County of the objections of Owner, if any, to the costs set forth therein. If no
objections are made within this time period, Owner shall be deemed to have to have accepted the
County Road 109 Indernnification Agreement
Rose Ranch P. U.D.
06 -Aug -99
Page 2
County's report and the costs set forth therein. If Owner provides written notice of objections to
the District pursuant to this provision, the County shall, within fifteen (15) days of its receipt of
the same, establish a date, time and location for a joint meeting of the parties for the purpose of
determining the allocation of such costs among the parties.
5. Payment/Default Rate. Owner shall pay to the County all costs accepted by or
allocated to Owner pursuant to Paragraph 4, within thirty (30) days of said acceptance or
allocation. If not paid within said time period, all amounts owed to the County by Owner under
this provision shall bear interest at the rate of % per annum from the due date as established
under this provision until the same is paid in full
6. Payment Cap/CPI. The amounts for which Owner shall be liable to the County
and for which the County may demand reimbursement under the provisions of this Agreement
shall not exceed in total the amount of $ ("Payment Cap"), said Payment Cap to be
adjusted on each yearly anniversary of this Agreement to incorporate the annual increase, if any,
established under the Denver/Boulder Urban Wage Consumer Price Index.
7. Security. Immediately following the recording of the first Final Plat appurtenant
to the Rose Ranch PUD, Owner, for the purpose of securing payment of all amounts owed to
County under this Agreement, shall file for record in the Office of the Clerk and Recorder for
Garfield County, Colorado, a first Deed of Trust against the Golf Course Property in the amount
of the Payment Cap or provide the County, in lieu thereof, such other security instrument(s) as
may be acceptable to the County. For the purpose of interpreting the limitations contained at
Colo Rev. Stat §38-39-101 (1998) the parties hereby agree that this Agreement shall constitute
"original evidence of a debt" and that the filing of the same by the County with Public Trustee
for Garfield County, Colorado pursuant to Colo. Rev. Stat. §38-38-101 (1998), shall be sufficient
to initiate commencement of public trustee foreclosure proceedings.
8. Remedies. In the event Owner fails to timely make any payment to the County or
perform any of the other duties required under this Agreement, Owner shall be deemed to be in
breach of this agreement and the County may at its' option:
a. bring an action on this Agreement for all amounts owed; and/or
b. foreclose the Deed of Trust upon the Golf Course Property, which foreclosure
shall constitute and be pursued as, "[a] foreclosure on one or more installments, without
acceleration.", as authorized under Colo. Rev. Stat. § 38-38-201 (1998).
9. Remediation. Within (20) days of the occurrence of any event resulting in
damages to County Road 109 for which reimbursement may be sought under this Agreement,
County Road 109 Indemnification Agreement
Rose Ranch P. U.D.
06 -Aug -99
Page 3
Owner shall identify the condition which caused such damage and shall report the same to the
County Engineer. Owner shall include within such report a proposal to remediate said condition
for the review and approval of the County Engineer unless such damages proximately resulted
from a rain event of a magnitude equal to or greater than the 100 year flood. Owner shall
complete all required remediation within (30) thirty days of its' receipt of the County Engineer's
approval of the same, unless an extension for completion of said remediation is given to Owner
by the County. The costs for all required remediation shall until completed constitute a debt
owed to the County under this Agreement and shall be secured by the Deed of Trust given to the
County under Paragraph 7, above.
10. Dispute Resolution. If the parties are unable to agree upon any matter addressed
within this Agreement, each party shall select an engineer to represent its interests. the selected
engineers shall then appoint one engineer, who shall provide a determination upon the matter in
dispute. In the event this process of settlement fails, the parties agree to resolve such dispute by
arbitration in accordance with the rules and regulations of the American Arbitration Association
then in effect. The determination of the arbitrator shall be final and conclusive and judgment
may be entered upon it in accordance with applicable law in any court having jurisdiction
thereof.
11. Attorney Fees. Each party shall bear its own attorneys' fees incurred in the
negotiation, execution, and implementation of this Agreement. However, in the event litigation is
necessary to enforce the rights of the parties to this Agreement, as between themselves, the
prevailing party in such litigation shall be entitled to reasonable attorneys' fees and costs of suit
actually incurred
12. Governing Law. The parties hereto understand and agrees that the obligations
created by this Agreement are made in the State of Colorado and the provisions hereof will be
construed in accordance with the laws of the State of Colorado; and such parties further agree if a
breach of this Agreement shall occur hereunder, this Agreement may be enforced in any court of
competent jurisdiction in the State of Colorado and they do hereby submit to the jurisdiction of
such court regardless of their residence or where this Note or any endorsement hereof may be
executed.
13. Covenants. The provisions of this Agreement shall constitute covenants running
with the lands affected thereby, and upon execution this Agreement shall be recorded in the
records of the Garfield County Clerk and Recorder.
14. Complete Agreement. This Agreement constitutes the entire and complete
agreement between the parties, and any modification or amendment hereto shall be evidenced by
a writing signed by the parties.
County Road 109 Indemnification Agreement
Rose Ranch P. U.D.
06 -Aug -99
Page 4
15. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the parties, their heirs, successors, grantees, and assigns. Nothing herein shall prevent Roaring
Fork from selling his property and the benefits of this Agreement shall be appurtenant to the
property conveyed.
16. Invalidity. Invalidation of any of the provisions of this Agreement or of any
article, paragraph, sentence, clause, phrase or work herein, or the application thereof in any given
circumstance, shall not affect the validity of the remainder of this Agreement.
17. Authority. Each person executing this Agreement represents and warrants that he
has been duly authorized by the party which he purports to represent to execute this Agreement,
and has authority to bind said party to the terms and conditions of this Agreement.
18. Waiver. No provision of this Agreement may be waived except by an agreement
in writing signed by the waiving party. A waiver of any term or provision shall not be construed
as a waiver of any other term or provision.
19. Notice. All notices required under this Agreement shall be in writing and shall be
hand delivered or sent by registered or certified mail, return receipt requested, postage prepaid, to
the addresses of the parties herein set forth. All notices so given shall be considered effective
seventy-two (72) hours after deposit postage paid in the United States Mail with the proper
address as set forth below. Either party by notice so given may change the address to which
future notices shall be sent.
Notice to:
With copy to:
Notice to:
Roaring Fork Investments, LLC
Attn: Ron Heggemeier
Heggemeier & Stone, P.C.
19556 East Main St., Suite 200
Parker, CO 80134-7374
Timothy A. Thulson, Esq.
Balcomb & Green, P.C.
P.O. Drawer 790
Glenwood Springs, CO 81602
Garfield County Department of Building and Planning
Attn: Mark Bean
109 8th Street, Suite 303
Glenwood Springs, CO 81601
County Road 109 Indemnification Agreement
Rose Ranch P. U.D.
06 -Aug -99
Page 5
With copy to:
Don K. DeFord
County Attorney
109 8th Street, Suite
Glenwood Springs, CO 81601
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
year first written above.
ATTEST
ROARING FORK INVESTMENTS, LLC
By
Ronald R. Heggemeier, Manager
Board of County Commissioners, Garfield County,
Colorado
Clerk
County Road 109 Indemnification Agreement
• Rose Ranch P. U.D.
06 -Aug -99
Page 6
EXHIBIT A
(Certified Estimated Repair Costs)
County Road 109 IndemnViication Agreement
Rose Ranch P. U.D.
06 -Aug -99
Page 7
ROSE:RAIVtC11 P. U D.'THASE 1 CR.109,REBUILD
F�NGINEERS ESTIMATE OF PROBABLE
',,CONSTRUCTION COST
June 17, 1999
ITEM
HCE JOB NO: 97042.01
.k:,...tp.w.u,nw,snr, wrco.i..,..ez
UNIT
UANTITY COST
COST
ai thworki
Demolision of old road
Class 3 Sub -Base
Class 6 A.B.C. (6")
Asphalt
iMrscellaneous: ,_.,,
Traffic Control -
Replace Culverts (24" ADS)
24" CMP Flared Ends
5055 SY
1500 CY
1125 CY
5055 SY
1 LS
90 LF
4 EA
$2.00
$18.00
$20.00
$8.00
$2,000.00
$35.00
$250.00
$10,110.00
$27,000.00
$22,500.00
$40,440.00
$2,000.00
$3,150.00
$1,000.00
SUB TOTAL
10% Contieency
TOTAL
Cost per Lineal Foot 1895 LF $116,820.00
$106,200.00
$10,620,00
$116,820.00
$61.65
• v •
ltl1\\\\\\�`�
JUL-29-1999 THU 12:14 PM HEGGEMEIER & STONE, P.C.
NepworthPawlak Geotech TEL:970-945-8454
H-1ErwoKJH-PAWi AK GMITA:11NICA 1., INC -
February 15, 1999
The Rose Ranch Limited Partnership
Roaring Fork Investments, LLC, General Partner
Attn: Ron Heggemeier
19555 East Main Street
Parker, Colorado 80134-7374
FAX NO. 303 841 8073 P. 02
Jul 29 99 10:34 No.009 P.02
Spza
144;1154
Clenwuud Springn, CO 810)
tax97094S.rii 4
Plume 970 9*S.7900
Job No. 197 327
Subject: Radiation Potential, Rose Rand Development, County Road 109,
Garfield County, Colorado.
Dear Mr. HeggcrneIer:
As requested by Joe IIope, we have reviewed our previous work performed for the
project with respect to radiation potential.
The project she is not in a geologic setting that would indicate high concentrations of
radioactive minerals in the near surface soils and rock formations. However, there is a
potential that radon gas could be present in the arca. It is difficult to detect radon gas in
open areas before buildings are constructed. Testing for radon gas levels could he done
when the residences and other occupied structures have been completed. New buildings
are often designed with provisions for ventilation of lower enclosed areas should post
construction testing show unacceptable radon gas concentrations.
If you have any questions or require further assistance, please call our office.
Sincerely,
FIEPWORTH-PAWLAK GEOTECI-INICAL, 1NC.
Steven L. Pawlak,
Rev. by: RGM
SLP/ro
cc: High Country .Engineering - Attn: Joe Hope
.ere:.
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone: (303) 866-3581
FAX: (303) 866-3589
http://water.state.co.us/default.htm
August 2, 1999
Victoria Giannola
Garfield County Building and Planning
109 8th St Ste 303
Glenwood Springs CO 81601
Re: Rose Ranch Final Plat
Sec. 35, T6S, R89W & Secs. 1, 2 & 12, T7S, R89W, 6TH PM
W. Division 5, W. District 38
Bill Owens
Governor
Greg E. Welcher
Executive Director
Hal D. Simpson, P.E.
State Engineer
Dear Ms. Giannola:
Comments for this project were previously made in our letters dated May 15, 1998 and
February 4, 1999. For the purposes of these comments, we are assuming that the proposal in
identical to that commented on in our February 4, 1999 letter. Per said letter, the proposal is to
subdivide a parcel of approximately 534.19 acres into a golf course, community areas and 245
residential lots (on 115.88 acres), which will contain a maximum of 322 living units, including 10
clubhouse apartments at the golf course. The development will include a 222.18 acre golf course
with a clubhouse, community facilities and a multi -use irrigated field. Commercial floor space will
be limited to 25,000 square feet. A Community Park will consist of 2.14 acres and Common Open
Space will encompass 167 acres. Water features such as ponds will be incorporated. The
applicant proposes to provide water services via surface diversions through separate raw and
potable systems pursuant to irrigation water rights decreed in Case Nos. 96CW319 and an
augmentation plan. Sewage will be through a central system by inclusion in the Aspen Glen
Water and Sanitation District. An augmentation plan, Case No. 97CW236, was signed on March
22, 1999.
Case No. 97CW236 provides augmentation for: 550 EQR's (15 of these EQR's are
dedicated to the goif course ciubhouse); 130 acres of goif course irrigation; 58 acres of lawn and
garden irrigation; a total of 7 acres of irrigation for parks, playgrounds, garden areas, and a
landscaped greenbelt; ponds with a total surface area of 7 acres; and minimal outside uses,
during April through October, such as car washing and landscaping equivalent to 6.3 acres of
irrigation.
Assuming a liberal 0.25 gallons/day/square foot of diversions for commercial use, 21 of the
550 EQR's are adequate for the 25,000 square feet of commercial floor space. This leaves 514
EQR's for the 322 living units and community facilities (i.e., daycare). Also note that the decree
limits irrigation of the golf course to only 130 acres of the 222.18 acres noted in the proposal.
Similarly, no more than 7 acres of the 167 acres of Common Open Space may be irrigated.
RECEIVED AUG 0 9 1999
Rose Ranch Final Plat August 2, 1999
Based on the above, and pursuant to Section 30-28-136(1)(h)(I), it is our opinion that
the proposed water supply can be provided without causing material injury to decreed water
rights and is adequate so long as the plan for augmentation is operated according to its
decreed terms and conditions. If you or the applicant has any questions concerning this matter,
please contact Craig Lis of this office for assistance.
Sincerely,
Kenneth W. Knox
Assistant State Engineer
Kir"JKiCML;Rose Ranch 3.doc
cc: Orlyn Bell, Division Engineer
Joe Bergquist, Water Commissioner, District 38
Professional Wetlands Consulting, Inc.
WRIGHT WATER
ENGINEERS INC. WE � '''� j� DS
May 14, 1999
9 1999
Sue Nall
U.S. Army Corps of Engineers
402 Rood Avenue, #142
Grand Junction, CO 81501
RE: Rose Ranch - Nationwide Permit #26 Request (#199775261)
Dear Sue:
On behalf of Roaring Fork Investments, LLC, I am writing to request authorization under Section
404 Nationwide Permit #26 to impact 2,000 square feet of unvegetated ephemeral waters for a total
linear distance of 490 feet to construct two road crossings, sediment detention improvements, and
portions of a golf cart path at the Rose Ranch. Proposed impacts to jurisdictional waters are
unavoidable and will only impact the narrow ephemeral drainage entering the Rose Ranch property
from the west. The drainage contains no wetlands vegetation, only carries water during storm
events, and is highly eroded.
The project applicant has worked extensively to avoid impacts to jurisdictional wetlands and waters
of the United States at the Rose Ranch. Impacts to waters were minimized to the maximum extent
practicable by the Rose Ranch project, which will consist of a housing community and golf course.
Wetlands associated with the Roaring Fork River are totally avoided by site plan design, and an
existing heron rookery at the south end of the Rose Ranch will be preserved and protected.
Project Location The Rose Ranch is located south of Glenwood Springs in Section 35, Township
6 South, Range 89 West of the 6th P.M. Site latitude is 39° 28' 29" and the longitude is 107° 16' 50".
A vicinity map for the project is attached as Figure 1, and a copy of the Rose Ranch surveyed
wetlands delineation map is included as Figure 2. The site is approximately 440 acres in size.
Project Applicant The property owner and applicant is Roaring Fork Investments, LLC, with a
contact being Ronald Heggemeier at 19555 East Main Street, Parker, Colorado 80134, and a
telephone number of (303) 841-8072.
Impacts to Waters Unavoidable impacts to waters will total 2,000 square feet or 0.05 acres and will
result from the following activities:
1) Two road crossings over the drainage channel east of County Road 109 with 150'
of impact to waters as shown on the wetlands map included as Figure 2 and detailed
on Figure 3 in plan and profile view.
RECEIVED MAY 1 9 1999
2 0 Rim Road Boulder, CO 8 0 3 0 2
303/444-1715 • FAX 303/443-6141
2) Culverts and crib structures for sediment detention improvements on the west side
of County Road 109 with 140' of impact to waters as shown on Figures 6 and 7.
3) Cart path underpass work beneath County Road 109 with 200' of unavoidable
impact to waters as illustrated on Figures 8 and 9.
Silt fencing, protective barrier fencing, sediment detention and Best Management Practices will be
used during project construction to prevent disturbances to existing jurisdictional wetlands and
waters at the Rose Ranch. No temporary fill will be discharged into wetlands or waters as part of
the project. Cart path maintenance will include sediment and debris removal, and flash flood
warning signs will be placed along the path.
In order to access the Rose Ranch property on the west side of County Road 109 and avoid impacts
to jurisdictional waters of the United States, a raised wooden boardwalk has been designed along the
existing ephemeral drainage channel. Plans for the raised boardwalk cart path are attached as
Figures 4 and 5, with Figure 10 providing a detail drawing. No vegetated wetlands are associated
with the drainage channel along the cart path alignment. Overall, the planned raised wooden cart
path is protective of jurisdictional waters and the boardwalk will not impair the functions and values
of the ephemeral drainage channel.
Other cart path access and design alternatives that were investigated include:
1) Constructing the path on the hillside above the existing drainage to completely
avoid jurisdictional waters, but this alternative is not feasible due to steep grades,
slope instability, erosion, and visible impacts that would result from the extensive cut
and fill requirements. Plans showing this alternative are attached as Figure 11.
2) Constructing a 10' wide concrete path up the bottom of the ephemeral drainage
channel defined as jurisdictional waters, but this alternative is not feasible because
impacts to waters would be extensive and the entire ephemeral drainage channel
defined as waters would be covered with concrete.
3) Accessing the site from an adjacent property, but this alternative is not feasible due
to steep slopes, the lack of potential access routes and land ownership issues.
4) Constructing a raised wooden boardwalk cart path along the existing ephemeral
drainage channel that avoids and minimizes impacts to jurisdictional waters. The
raised boardwalk path at the Rose Ranch will preserve the main function of the
channel, which is water conveyance. This is the preferred and proposed alternative.
Proposed impacts to waters are unavoidable and necessary for property access. Wetlands vegetation
does not occur within ephemeral drainage channel defined as waters. Impacts to jurisdictional
wetlands adjacent to the Roaring Fork River are completely avoided by the Rose Ranch, and impacts
to waters at the site are avoided and minimized to the maximum extent practicable.
Overall, the Rose Ranch is protective of wetland resources, and the site plan for the project preserves
more than 20 -acres of high quality wetlands and an existing heron rookery adjacent to the Roaring
Fork River. Please contact me with any questions or if you would like additional information.
Sincerely,
David Steinmann
cc: Ron Heggemeier, Roaring Fork Investments, LLC
Joe Hope, High Country Engineering, Inc.
Michael Erion, Wright Water Engineers, Inc.
GLENWOOD SPRINGS k
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HIGH COUNTRY ENGINEERING, INC.
923 COOPER AVENUE
GLENWOOD SPRINGS, CO 81601
(970) 945-8676
detl
Figure 9.
PLAN
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TYPE 3 GUARDRAIL PER
CDOT M&S STANDARDS
STANDARD PLAN NO.
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ROARING FORK INVESTMENTS
GARFIELD COUNTY, CO
ROSE RANCH KID.
COUNTY ROAD 109
CART UNDERPASS DETAIL DR. EPT DATE 2/8/99
Detail of Cart Path Underpass at County Road 109.
N.T.S.
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FILE NO.
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SHEET 1
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Figure 10. Raised Wooden Boardwalk Detail.
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ROSE RANCH P.U.D.
GARFIELD C OUNTY, COLORADO
Figure 11.
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JOHN A. THULSON
EDWARD MULHALL, JR.
SCOTT BALCOMB
LAWRENCE R. GREEN
TIMOTHY A. THULSON
LORI J. M. SATTERFIELD
EDWARD B. OLSZEWSKI
DAVID SANDOVAL
DENDY M. HEISEL
CHRISTOPHER L. COYLE
JEFFERSON J. CHENEY
BALCOMB & GREEN,
ATTORNEYS AT LAW
(FORMERLY DELANEY & BALCOMB, P.C.)
RECEIVED OCT 0 1 L99
P.C.
P. 0. DRAWER 790
818 COLORADO AVENUE
GLENWOOD SPRINGS, COLORADO 81602
Telephone: 970.945.6546
Facsimile: 970.945.8902
October 1, 1999
Victoria Giannola
Building and Planning Department
109 8d' Street, 3rd Floor
Glenwood Springs, CO 81601
OF COUNSEL:
KENNETH BALCOMB
Re: Request for Extension of the Filing Date for Filing of the Final Plat/Rose Ranch
Planned Unit Development, Phase I
Dear Victoria:
Pursuant to our discussions, I enclose herewith for filing with the Board, seven (7)
copies of the Request by Roaring Fork Investments to Extend the Filing Date for its Final
Plat for the Rose Ranch Planned Unit Development, Phase I from December 10, 1999 to
March 10, 2000. It is my understanding that this matter has been placed upon the Board's
agenda for October 11, 1999.
Should you have any questions or concerns regarding any of the above, please feel
free to contact me at your convenience.
Very truly yours,
BALCOMB & GREEN, P.
By
TAT:kjk
Enclosure
imot A. Thulson
REQUEST FOR EXTENSION
FOR RECORDING OF FINAL PLAT - ROSE RANCH PUD, PHASE I
1. On September 13, 1999 the final plat, Subdivision Improvements Agreement and
other supporting documents for the Rose Ranch PUD Phase I (hereinafter
collectively "Final Plat") were approved and signed by the Board of County
Commissioners for Garfield County, Colorado (hereinafter "Board"). Pursuant to
Section 5:13 of the Garfield County Subdivision Regulations as amended, the Final
Plat is presently being held for filing by the Clerk for the Board pending the posting
of adequate security (hereinafter "Letter of Credit") for the construction of public
improvements within the Final Plat by the Applicant Roaring Fork Investments, LLC
(hereinafter "Roaring Fork").
2. Pursuant to Section 5:13, Roaring Fork must post the Letter of Credit and file the
Final Plat by December 10, 1999, unless such time period is extended in writing by
the Board.
3. For the purpose of allowing it time to obtain favorable terms for the required
financing of the Final Plat Improvements Roaring Fork would ask the Board to
extend the filing date of the Final Plat for another ninety (90) day period extending
to March 10, 2000. In addition to the purpose above stated, this extension would
allow Roaring Fork to avoid the carrying costs instant to securing construction
financing during the non -construction season.
For the reasons above stated, Roaring Fork respectfully requests that the Board
extend the time period for filing of the Final Plat from December 10,1999 to March 10, 2000.
Submitted this day of October, 1999.
BALCOMB & GREEN, P.C.
By
Timothy A. Thulson #19411
Attorneys for Roaring Fork Investments, LLC
P.O. Drawer 790
Glenwood Springs, CO 81602
Telephone: (970) 945-6546
Fax No.: (970) 945-8902
EXTENSION OF DATE FOR FILING
OF FINAL PLAT FOR THE
ROSE RANCH PLANNED UNIT DEVELOPMENT, PHASE I
WHEREAS, the Board of County Commissioners of Garfield County, Colorado has
received request from Roaring Fork Investments, LLC for an extension of the filing date for
the Final Plat for the Rose Ranch Planned Unit Development, Phase I from December 10,
1999 to March 10, 2000.
WHEREAS, this extension request is authorized under Section 5:13 of the Garfield
County Subdivision Regulations as amended and the granting of this request will facilitate
the successful completion of improvements within the Final Plat of the Rose Ranch Planned
Unit Development, Phase I.
NOW THEREFORE, the Board of County Commissioners of Garfield County,
Colorado by this writing hereby authorizes and extends the filing of the Final Plat for the
Rose Ranch Planned Unit Development, Phase I from December 10,1999 to March 10, 2000.
By
Chairman of the Board
ATTEST:
By
Clerk of the Board
AIN
SECOND REQUEST FOR EXTENSION OF PRELIMINARY PLAN
APPROVAL AND THIRD REQUEST FOR EXTENSION
OF RECORDING OF FINAL PLAT
Roaring Fork Investments, LLC ("RFP"), the Developer of the Rose Ranch P.U.D. hereby
requests that the Board of County Commissioners for Garfield County, Colorado ("Board"),
pursuant to Sections 4:34 and 5:13 of the Garfield County Subdivision Regulations extend the
Preliminary Plan Approval for the Rose Ranch P.U.D. and filing date for the Final Plat of the Rose
Ranch P.U.D. Phase 1, to September 11, 2000 in support thereof RFI states as follows:
1. On May 4,1999, the Board approved the Preliminary Plan for the Rose Ranch P.U.D.
This approval was incorporated within Board Resolution No. 99-068, recorded in the
records of the Clerk and Recorder for Garfield County on June 8, 1999, at Book 1133,
Page 922 and Reception No. 546857. Pursuant to action of the Board on February 22,
1999 the expiration of this Preliminary Plan Approval — originally to have occurred
on May 4, 2000 — was extended to July 10, 2000.
2. On September 13, 1999, the Final Plat, Subdivision Improvements Agreement and
other applicable "final plat" documents were approved by the Board and signed by
the Chairman and are presently being held for filing by the Clerk and Recorder for
Garfield County, pending the posting of adequate security by RFI for the
construction of the public improvements appurtenant to the Rose Ranch P.U.D.,
Phase 1. Pursuant to approvals by the Board entered on October 18, 1999, and
February 22, 2000, the time for the filing of the Final Plat for the Rose Ranch P.U.D.,
Phase 1 — which was originally to have occurred on December 10, 1999 — was
extended to July 10, 2000.
3. Negotiations for the sale of the Rose Ranch P.U.D. to a prospective
purchaser/developer of the project have recently revealed several technical
underwriting issues appurtenant to this project the resolution of which will extend
past the above stated July 10th date. The request for extensions above stated will
allow RFI to finalize this sale prior to incurring the cost instant to bonding the public
improvements and initiation of construction.
For the reasons above stated, RFI respectfully requests that the Board extend the
Preliminary Plan Approval for the Rose Ranch P.U.D. and the recording date for the Final Plat of
the Rose Ranch P.U.D., Phase 1 to September 11, 2000 or such other date thereafter as may be
acceptable to the Board.
Submitted this 19th day of June, 2000
ROARING v %.� K I ► ENTS
1
Tim A. " ulson
EXTENSION OF PRELIMINARY PLAN
AND FILING OF FINAL PLAT
FOR THE ROSE RANCH P.U.D., PHASE 1
WHEREAS, on February 22, 2000, this matter came before the Board of County
Commissioners for Garfield County, Colorado upon request by Roaring Fork Investments,
LLC, ("RFI") the developer of the Rose Ranch P.U.D. for extension of the Preliminary Plan
approval and time for filing of Final Plat to July 10, 2000. A copy of RFI's written request
under this matter is attached herewith as Exhibit "A."
WHEREAS, these extension requests are authorized under Sections 4:34 and 5:13 of
the Garfield County Subdivision Regulations and the granting of this request will facilitate
the successful completion of improvements within the Rose Ranch P.U.D., Phase 1.
NOW, THEREFORE, the Board of County Commissioners for Garfield County,
Colorado, by this writing hereby authorizes and extends the Preliminary Plan Approval for
the Rose Ranch P.U.D. and date of filing of the Final Plat for the Rose Ranch P.U.D., Phase
1 to July 10, 2000.
SIGNED this 20th day of June, 2000 Nunc Pro Tunc February 22, 2000.
BOARD OF COUNTY COMMISSIONERS,
GARFIELD COUNTY, COLORADO
By:
Chairman
ATTEST:
Clerk of the Board
Metropolitan District within itsro ectfinancing—
p 1 � it the N[etro District is approved
by the Board —and to better coordinate the implementation or the same with counn,
staff.
For the reasons above stated, Roaring Fork respectfully requests that the Board
extend the Preliminary Plan Approval For theRoseRanch FUD and the recording date
r
the Final Plat for the Rose Ranch PUD, Phase I to July 10, 2000 or such other date after Jul
10`h as may be acceptable to the Board. Y
Submitted this 11th day of February, 2000.
BALCOIV[B & GREEN, P.
By
tmot y A. Thulson
Attorneys for Roaring Fork Investments, LLC
P.O. Drawer 790
Glenwood Springs, CO 81602
Telephone: (970) 945-6546
Fax No.: (970) 945-8902
RequEst For Extension of Preliminary Plan ,gpproaal and
Second Request tiir Extension Jior Recording of Final Plat
1.
i
3. Pursuant t,
the time fo.
December 1(.
4. Roaring Forkis
boundaries of ti
public improven
same. Roaring
recommendation h
?000; it is anticipat
sometime in the mon
5. The extension of the Pre
as requested herein,
Re,,,;u st
f<VS ,Src.
rur Eti'cnsru,r ,r Prrlirairrar� Pla,r:•Ipnrv,
L• est E.crrus;urr fur R u,rdirt,;
\e
SECOND REQUEST FOR EXTENSION OF PRELIMINARY PLAN
APPROVAL AND THIRD REQUEST FOR EXTENSION
OF RECORDING OF FINAL PLAT
Roaring Fork Investments, LLC ("RFP"), the Developer of the Rose Ranch P.U.D. hereby
requests that the Board of County Commissioners for Garfield County, Colorado ("Board"),
pursuant to Sections 4:34 and 5:13 of the Garfield County Subdivision Regulations extend the
Preliminary Plan Approval for the Rose Ranch P.U.D. and filing date for the Final Plat of the Rose
Ranch P.U.D. Phase 1, to September 11, 2000 in support thereof RFI states as follows:
1. On May 4,1999, the Board approved the Preliminary Plan for the Rose Ranch P.U.D.
This approval was incorporated within Board Resolution No. 99-068, recorded in the
records of the Clerk and Recorder for Garfield County on June 8, 1999, at Book 1133,
Page 922 and Reception No. 546857. Pursuant to action of the Board on February 22,
1999 the expiration of this Preliminary Plan Approval — originally to have occurred
on May 4, 2000 — was extended to July 10, 2000.
2. On September 13, 1999, the Final Plat, Subdivision Improvements Agreement and
other applicable "final plat" documents were approved by the Board and signed by
the Chairman and are presently being held for filing by the Clerk and Recorder for
Garfield County, pending the posting of adequate security by RFI for the
construction of the public improvements appurtenant to the Rose Ranch P.U.D.,
Phase 1. Pursuant to approvals by the Board entered cn October 18, 1999, and
February 22, 2000, the time for the filing of the Final Plat for the Rose Ranch P.U.D.,
Phase 1 — which was originally to have occurred on December 10, 1999 — was
extended to July 10, 2000.
3. Negotiations for the sale of the Rose Ranch P.U.D. to a prospective
purchaser/developer of the project have recently revealed several technical
underwriting issues appurtenant to this proje'tt the resolution of which will extend
past the above stated July 10th date. The request for extensions above stated will
allow RFI to finalize this sale prior to incurring the cost instant to bonding the public
improvements and initiation of construction.
For the reasons above stated, RFI respectfully requests that the Board extend the
Preliminary Plan Approval for the Rose Ranch P.U.D. and the recording date for the Final Plat of
the Rose Ranch P.U.D., Phase 1 to September 11, 2000 or such other date thereafter as may be
acceptable to the Board.
Submitted this 19th day of June, 2000.
ROARING
I►' " ENTS
‚'4.,
Tim A.. ulson
EXTENSION OF PRELIMINARY PLAN
AND FILING OF FINAL PLAT
FOR THE ROSE RANCH P.U.D., PHASE 1
WHEREAS, on February 22, 2000, this matter came before the Board of County
Commissioners for Garfield County, Colorado upon request by Roaring Fork Investments,
LLC, ("RFI") the developer of the Rose Ranch P.U.D. for extension of the Preliminary Plan
approval and time for filing of Final Plat to July 10, 2000. A copy of RFI's written request
under this matter is attached herewith as Exhibit "A."
WHEREAS, these extension requests are authorized under Sections 4:34 and 5:13 of
the Garfield County Subdivision Regulations and the granting of this request will facilitate
the successful completion of improvements within the Rose Ranch P.U.D., Phase 1.
NOW, THEREFORE, the Board of County Commissioners for Garfield County,
Colorado, by this writing hereby authorizes and extends the Preliminary Plan Approval for
the Rose Ranch P.U.D. and date of filing of the Final Plat for the Rose Ranch P.U.D., Phase
1 to July 10, 2000.
SIGNED this 20th day of June, 2000 Nunc Pro Tunc February 22, 2000.
BOARD OF COUNTY COMMISSIONERS,
GARFIELD COUNTY, COLORADO
By:
ATTEST:
Clerk of the Board
Chairman
REQUEST FOR EXTENSION OF PRELIMINARY PLAN APPROVAL
AND SECOND REQUEST FOR EXTENSION FOR RECORDING OF FINAL PLAT
Rose Ranch PLD, Phase 1, Roaring Fork Investments, LLC"Roaring Fork"), the
Developer of the Rose Ranch PUJ, hereby request the Board of County Commissioners for
Garfield County, Colorado ("Board") pursuant to Sections 4:34 and 5:13 of the Garfield
County Subdivision Regulations for an extension of the Preliminary Pian Approval and
recording; date for Final Plat instant to the Rose Ranch PUD, Phase I. In support thereof
Roaring Fork States as follows:
1. On May 4, 1999, the Board approved the Preliminary Plan for the Rose Ranch PUD.
This approval was incorporated within Board Resolution No. 99-068 recorded in the
records of the Clerk and Recorder or Garfield County on June 8, 1999 at Book 1133,
Page � 22 and Reception No. 546857. Under Section 4:34 said approval expires on
4, 2000.
2.
On September 13, 1999, the Final Plat, Subdivision Improvements Agreement and
other supporting documents for the Rose Ranch PUD, Phase I (hereinafter
collectively "Final Plat") were approved by the Board and signed by the Chairman.
Pursuant to Section 5:13 of the Garfield County Subdivision Regulations, the Final
Plat is presently b
being held for filing
o by the clerk for the Board pending the posting
of adequate security ("Letter of Credit") by Roaring Fork for the construction of the
required public improvements.
3. Pursuant to written authorization entered on October 18, 1999, the Board extended
the time for filing of the Final Plat — which. or binally was to have occurred by
December 10, 1999 — to March 6, 2000.
Roaring Fork is presently in the process offorming a !Metropolitan District within the
boundaries of the Rose Ranch PUD for the purpose of financing construction of
public improvements and providing a responsible entity for management of the
same. Roaring Fork's application in this regard received a favorable
recommendation from the Garfield County Planning Commission on February 9,
2000; it is anticipated that the Board's hearing on this application will occur
sometime in the month of May.
5. The extension of the Preliminary Plan Approval and date for recording of Final Plat
as requested herein, will allow Roaring Fork the time •to incorporate the
Per;rt•st Ern. E-lte,rsiu,r of Preliminary Plan Approval and
Seco,id req;w;; PH. E...1.1CII.5(U,i jor Rccor ii,,' Pistil P!
at
EXHIBIT
A
Metropolitan District within its project financing— if the Metro District is approved
by the Board —and to better coordinate the implementation or the same with county
staff.
For the reasons above stated, Roaring Fork respectfully requests that the Board
extend the Preliminary Plan Approval for the Rose Ranch PLD and the recording
te
the Final Plat for the Rose Ranch ?LID, Phase I to July 10, 2000 or such other date after Jul for
10`h as may be acceptable to the Board. y
Submitted this 11th day of February, 2000.
BALCON•IB & Gj EEN, P
By
imot y A. Thulson
Attorneys for Roaring Fork Investments, LLC
P.O. Drawer 790
Glenwood Springs, CO 81602
Telephone: (970) 945-6546
Fax No.: (970) 945-8902
A
Request For Extension of Preliminary Plan ,4pproual and
Second Request tut- Extension for Recording of Final Plat
SECOND EXTENSION OF PRELIMINARY PLAN
AND THIRD EXTENSION OF RECORDING
OF FINAL PLAT FOR THE ROSE RANCH P.U.D., PHASE 1
WHEREAS, on February 22, 2000, this matter came before the Board of County
Commissioners for Garfield County, Colorado upon request by Roaring Fork Investments,
LLC, ("RFI") the developer of the Rose Ranch P.U.D. for extension of the Preliminary Plan
approval and time for filing of Final Plat to September, 11, 2000. A copy of RFI's written
request under this matter is attached herewith as Exhibit "A."
WHEREAS, these extension requests are authorized under Sections 4:34 and 5:13 of
the Garfield County Subdivision Regulations and the granting of this request will facilitate
the successful completion of improvements within the Rose Ranch P.U.D., Phase 1.
NOW, THEREFORE, the Board of County Commissioners for Garfield County,
Colorado, by this writing hereby authorizes and extends the Preliminary Plan Approval for
the Rose Ranch P.U.D. and date of filing of the Final Plat for the Rose Ranch P.U.D., Phase
1 to September 11, 2000.
SIGNED this day of , 2000 Nunc Pro Tunc February 22, 2000.
ATTEST:
Clerk of the Board
BOARD OF COUNTY COMMISSIONERS,
GARFIELD COUNTY, COLORADO
By:
chairman
REQUEST FOR EXTENSION OF PRELIMINARY PLAN APPROVAL
AND SECOND REQUEST FOR EXTENSION FOR RECORDING OF FINAL PLAT
Rose Ranch PLD, Phase 1, Roaring Fork Investments, LLC ("Roaring Fork"), the
Developer of the Rose Ranch PUD, hereby request the Board of County Commissioners for
Garfield County, Colorado ("Board") pursuant to Sections 4:34 and 5:13 of the Garfield
County Subdivision Regulations for an extension of the Preliminary Plan Approval and
recording date for Final Plat instant to the Rose Ranch PUD, Phase I. In support thereof
Roaring Fork States as follows:
1. On May 4,1999, the Board approved the Preliminary Plan for the Rose Ranch PUD.
This approval was incorporated within Board Resolution No. 99-068 recorded in the
records of the Clerk and Recorder or Garfield County on June 8, 1999 at Book 1133,
Page 922 and Reception No. 546857. Under Section 4:34 said approval expires on
May 4, 2000.
2.
On September 13, 1999, the Final Plat, Subdivision Improvements Agreement and
other supporting documents for the Rose Ranch PUD, Phase I (hereinafter
collectively "Final Plat") were approved by the Board and signed by the Chairman.
Pursuant to Section 5:13 of the Garfield County Subdivision Regulations, the Final
Plat is presently being held for filing by the clerk for the Board pending the posting
of adequate security ("Letter of Credit") by Roaring Fork for the construction of the
required public improvements.
3. Pursuant to written authorization entered on October 18, 1999, the Board extended
the time for filing of the Final Plat — which. originally was to have occurred by
December 10, 1999 — to March 6, 2000.
4. Roaring Forkis presently in the process of forming a Metropolitan District within the
boundaries of the Rose Ranch PUD for the purpose of financing construction of
public improvements and providing a responsible entity for management of the
same. Roaring Fork's application in this regard received a favorable
recommendation from the Garfield County Planning Commission on February 9,
2000; it is anticipated that the Board's hearing on this application will occur.
sometime in the month of May.
5. The extension of the Preliminary Plan Approval and date for recording of Final Plat
as requested herein, will allow Roaring Fork the time .to incorporate the
Request For Extension of Preliminary Plan Approval and
Second Rcq:west for jrE.ctensioniRecordirr{ of Final Plat
-1-
EXHIBIT
A
Metropolitan District within its project financing - if the Metro District is approved
by the Board - and to better coordinate the implementation of the same withcourity
staff.
For the reasons above stated, Roaring Fork respectfully requests that the Board
extend the Preliminary Plan Approval for the Rose Ranch PUD and the recording date for
the Final Plat for the Rose Ranch PUD, Phase Ito July 10, 2000 or such other date after July
10th as may be acceptable to the Board.
Submitted this 11. h day of February, 2000.
BALCOMB & G EEN, P.
By
imot y A. Thulson
Attorneys for Roaring Fork Investments, LLC
P.O. Drawer 790
Glenwood Springs, CO 81602
Telephone: (970) 945-6546
Fax No.: (970) 945-8902
Request For Extension of Preliminary Plan Approval and
Second Request far Extension for Recording of Final Plat