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Home My WebLink About1.0 Recorded SIA11111111111111111111111 111111 iii uiim iii 111111111 ini 569190 09/11/2000 05:05P B1206 P574 M ALSDORF 1 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO Upon recording return to: Gaeld County Rept. of Build and Planning c/o Mark Bean 109 8'h Street Glenwood Springs, CO 81601 Roaring Fork Investments, LLC c/o Tim Thulson P.O. Box 790 Glenwood Springs, CO 81602 SUBDIVISION IMPROVEMENTS AGREEMENT Rose Ranch Planned Unit Development Phase 1 THIS AGREEMENT is made and entered into this/34k day of September, 1999 by and between the ROARING FORK INVESTMENTS, LLC., a Colorado limited liability company (hereinafter "Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO, (hereinafter "County"). W ITNESSET H: WHEREAS, Owner is the owner and developer of certain real property located within Garfield County, Colorado, known as the Rose Ranch Planned Unit Development (P.U.D.), as approved and more particularly described in County Resolution No. 98-80, as amended under County Resolution No. 99-067; and WHEREAS, approval for the preliminary plan for the Rose Ranch P.U.D. was obtained under the terms and conditions set forth in County Resolution No. 99-068; and WHEREAS, both the P.U.D. approval, as amended, and the Preliminary Plan approval contemplated development of the Rose Ranch P.U.D. in phases; and WHEREAS, Owner has submitted to the County for its approval the Final Plat for Phase 1 of the Rose Ranch P.U.D. (hereinafter "Final Plat") for a portion of the property ("Subdivision") lying within the Rose Ranch P.U.D., more particularly described in said Final Plat and set forth in Exhibit A attached hereto and incorporated by reference; and WHEREAS, as a condition of approval of the Final Plat and as required by the laws of the State of Colorado, the Owner wishes to enter into this Subdivision Improvements Agreement with the County; and WHEREAS, Owner has agreed to execute and deliver a letter of credit to the County to secure and guarantee its performance of this agreement, and has agreed to certain restrictions and conditions regarding the issuance of building permits, Subdivision Improve. Agree. Rose Ranch P.U.D. I3 -Sep -99 Page 1 i Iola um 111111 11111 111111 111 1111111111 11111 ilii 1111 569190 09/11/2000 05:05P B1206 P575 M ALSDORF 2 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO certificates of occupancy and sale of properties, all as more fully set forth hereinafter. NOW, THEREFORE, for and in consideration of the premises and the following mutual covenants and agreements, the parties hereby agree as follows: 1. FINAL PLAT APPROVAL. The County hereby accepts and approves the Final Plat, subject to the terms and conditions of this agreement, as well as the terms and conditions of the above identified P.U.D. approval, the Preliminary Plan approval, and the requirements of the Garfield County Zoning and Subdivision Regulations. 2. OWNER'S PERFORMANCE. Owner has constructed and installed or shall cause to be constructed and installed, at its own expense, those improvements related to the Final Plat which are required to be constructed by Resolution Nos. 98-80, 99-067 and 99-068, this Agreement, the Final Plat, and all Garfield County Zoning and Subdivision Regulations. These improvements shall be completed on or before the 1st day of September, 2000. Additionally, the Owner shall comply with the following: A. all plat documents, if any, submitted prior to or at the time of the final plat approval, including the terms of the certification for improvements completed prior to the date hereof, which plat documents are incorporated herein by reference, and made a part of this agreement; B. all requirements of Resolution Nos. 98-80, 99-067 and 99-068, including all requirements of the Garfield County Zoning Code and Garfield County Subdivision Regulations, as they relate to Phase 1 of the Rose Ranch P.U.D. C. all laws, regulations, orders and resolutions of the County of Garfield, State of Colorado, and affected special districts; and D. all designs, maps, specifications, sketches, and other materials submitted to and approved by any of the above -stated governmental entities. E. the improvements to be constructed by the Owner shall include, but are not limited to the following: Subdivision Improve. Agree. Rose Ranch P.U.D. 13 -Sep -99 Page 2 1111111111111111111111111111111111111111111111111111111 569190 09/11/2000 05:05P B1206 P576 M ALSDORF 3 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO (1) sewer collection lines, mains, interceptors and lift stations for Phase 1 of the Rose Ranch P.U.D, as more particularly described in the plans submitted as part of the Final Plat and identified as, "Rose Ranch P.U.D Phase 1 Master Utility Plan"; "Rose Ranch P.U.D. Phase 1 Sewer Line Main Plan and Profile (M.H. 1 through M.H. 22)"; Rose Ranch P.U.D. Phase 1 Sewer Line Plan and Profile (Sewer Lines A through I)"; "Rose Ranch P.U.D Phase 1 Lift Station #1 Detail Sheet Above Ground Pumps"; "Rose Ranch P.U.D. Phase 1 Lift Station #2 Detail Sheet Below Ground Pumps"; "Rose Ranch P.U.D. Phase 1 Sewer Line and Miscellaneous Detail Sheet" and "Rose Ranch P.U.D. Phase 1 Sewer Line Force Main Off -Site Plan and Profile"; and (2) water supply and distribution system for Phase 1 of the Rose Ranch P.U.D, as more particularly described the plans submitted as part of the Final Plan and identified as, "Rose Ranch P.U.D. Phase 1 Master Utility Plan"; "Rose Ranch P.U.D. Water Treatment Plan Details", addressing POSY PUMP & PIPELINE, TRIDENT PACKAGED WATER TREATMENT PLANT GENERAL ARRANGEMENT, WATER TREATMENT SYSTEM FLOW DIAGRAM, TRIDENT PACKAGE PLANT BUILDING UNIT FOR TR -105A FLOOR PLAN, TRIDENT PACKAGE PLANT UNIT FOR TR -105A CROSS SECTION, TRIDENT PACKAGE PLANT BUILDING UNIT FOR TR -105A LENGTH SECTION, TRIDENT PACKAGE PLANT BUILDING UNIT FOR TR -105A PLUMBING/MECHANICAL and TRIDENT PACKAGE PLANT UNIT FOR TR -105A EFFLUENT PIPING; "Rose Ranch P.U.D. Phase 1 Water Tank Details", addressing FOUNDATION PLAN AND DETAILS, DETAILS, WALL AND PILASTER DETAILS, WALL SECTIONS AND PILASTER ANCHORAGE PLAN, WALL ELEVATION AND DETAILS, ROOF SLAB PLAN AND DETAILS and MISCELLANEOUS DETAILS; "Rose Ranch P.U.D Phase 1 Water Line and Miscellaneous Detail Sheet" and "Rose Ranch P.U.D. Phase 1 Potable Water Main Off - Site Plan"; and (3) internal roads, pedestrian ways, bike paths, drainage features and utility structures, as more particularly described in the plans submitted as part of the Final Plat and identified as "Rose Ranch P.U.D. Grading and Drainage Plan"; Rose Ranch P.U.D. Phase 1 Road Plan and Profile (Roads A through E, and Road J)"; Rose Ranch Subdivision Improve. Agree. Rose Ranch P.U.D. 13 -Sep -99 Page 3 uniii 11111 111111 11111 111111 iii 1111111 111 11111 1111 1111 569190 09/11/2000 05:05P B1206 P577 M ALSDORF 4 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO P.U.D. Phase 1 Cart Path Plan and Profile (STA. 1+00 to 14+00 and 14+00 to end)"; "Rose Ranch P.U.D. Phase 1 Miscellaneous Detail Sheet"; Rose Ranch P.U.D. Cart Path Bridge Section and Elevation Details and Rose Ranch P.U.D. Phase 1 Grading and Drainage Plan -- Westbank Golf Course; and (4) all improvements to Colorado Highway 82 and its intersection with County Road 154, as more particularly described in the plans submitted as part of the Final Plat and identified as "Rose Ranch P.U.D. Phase 1 Highway 82/County Road 154 Improvements Site Plan", "Rose Ranch P.U.D. Phase 1 HWY. 82/County Road 154 Improvements Sign and Striping Plan", "Rose Ranch P.U.D. Phase 1 Highway 82/County Road 154 Improvements Grading and Drainage Plan" and "Rose Ranch P.U.D. Phase 1 Intersection of HWY. 82 + County Road 154 Miscellaneous Details". The traffic signals to be constructed under this provision shall be placed into service on or before September 1, 2000; and (5) all improvements to County Road 109, as more particularly described in the plans submitted as part of the Final Plat and identified as "Rose Ranch P.U.D. Garfield C.R. 109 Improvements Site/Gradient/Details and Road Profile"; and "Rose Ranch P.U.D. County Road 109 Improvements North Entrance Widening"; "Rose Ranch P.U.D. County Road 109 Improvements Main Entrance" and "Rose Ranch P.U.D. County Road 109 Improvements Southern Entrance Widening"; and (6) all landscaping and vegetative screening improvements as more particularly described in the plans submitted as part of the Final Plat and identified as, "Rose Ranch Vegetative Screening Plans (Wildlife Corridors)"; "Rose Ranch Weingberg Property Vegetative Screening Plan"; "Rose Ranch Blue Heron Vegetative Screening Plan"; and (7) the relocation of the Historic Railroad Building to the approximate location depicted in the plans submitted as part of the Final and identified as "Rose Ranch Golf Clubhouse/Community Park (Conceptual Site Plan)". The County agrees that if all improvements are Subdivision Improve. Agree. Rose Ranch P.U.D. 13 -Sep -99 Page 4 111111 IIIA IIIA! IIIA 111111 III 1111111 III IIIA IIII IIII 569190 09/11/2000 05:05P B1206 P578 M ALSDORF 5 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO installed in accordance with this agreement, Final Plat documents, and the as -built drawings to be submitted upon completion of the improvements, the requirements of the Garfield County Zoning Code, all other requirements of this agreement, the requirements of the Preliminary Plan, and the requirements of the P.U.D. approval resolution, then the Owner shall be deemed to have satisfied all terms and conditions of the Zoning and Subdivision Regulations of Garfield County, Colorado. 3. SECURITY FOR IMPROVEMENTS. a. Letter of Credit. On or before the date of the recording of the Final Plat with the Garfield County Clerk and Recorder, the Owner shall deliver a Letter of Credit in a form acceptable to the County in the amount of $8,395,108.86, which is the sum of the estimated cost of $8,024,512.86 for completion of the subdivision improvements related to Phase 1 of the Rose Ranch P.U.D. as set forth and certified by a licensed engineer on Exhibit B attached hereto and $370.596.00, which constitutes the total cost of all deferred payments to be made by Owner to the Roaring Fork Water and Sanitation District under the Preinclusion Agreement recorded in the records of the Clerk and Recorder on , 1006 at BookATo+d. , Page hyo and Reception No..00r , minus the cost of improvements, if any, already completed as certified on Exhibit C hereto. The Letter of Credit required by this Agreement shall be issued by a state or national banking institution acceptable to the County. If the institution issuing the Letter of Credit is not licensed in the State of Colorado and transacting business in the State of Colorado, the Letter of Credit shall be "confirmed" within the meaning of C.R.S. 4-5- 106(2) by a bank that is licensed to do business in the State of Colorado, doing business in the State of Colorado, and acceptable to the County. With the exception of that portion of the Letter of Credit to be retained for revegetation of landscaping improvements in accordance with paragraph 3(c) herein below, the Letter of Credit must be valid for a minimum of six (6) months beyond the completion date for the improvements set forth herein. If the time for completion of improvements is extended through the execution of a written amendment to this Agreement, the time period for the validity of the Letter of Credit shall be similarly extended. Additionally, should the Letter of Credit become void or unenforceable for any reason, including the bankruptcy of the owner or the financial institution issuing or confirming the Letter of Credit, prior to acceptance of the improvements, this Agreement shall become void and of no force and effect, and the Final Plat shall be vacated pursuant to the terms of this Agreement. b. Partial Releases of Letter of Credit. The County Subdivision Improve. Agree. Rose Ranch P.U.D. I3 -Sep -99 Page 5 111111111111111111111111111111111111111111111111111111 569190 09/11/2000 05:05P B1206 P579 M ALSDORF 6 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO shall release portions of the Letter of Credit as portions of the subdivision improvements are completed to the satisfaction of the County. Certification of completion of improvements adequate to authorize release of security must be submitted by a licensed or registered engineer. Such certification authorizing release of security shall certify that the improvements have been constructed in accordance with the requirements of this Agreement, including all Final Plat plans, and shall be stamped upon as -built drawings by said professional engineer where applicable. Owner may also request release for a portion of the security upon proof (i) that Owner has a valid contract with a public utility company regulated by the Colorado PUC that obligates such utility company to install certain utility lines and (ii) that Owner has paid to such utility company the cost of installation of such utilities required to be paid by Owner under such contract. Upon submission of a certification of completion of improvements by the Owner, the County may inspect and review the improvements certified as complete to determine whether or not said improvements have been constructed in compliance with the relevant specifications. If the County determines that all or a portion of the improvements certified as complete are not in compliance with the relevant specifications, the County shall furnish a letter of potential deficiencies to the Owner within fifteen (15) days specifying which improvements are potentially deficient. If no letter of potential deficiency is furnished within said fifteen (15) day period, all improvements certified as complete shall be deemed accepted and the County shall release the appropriate amount of security as it relates to the improvements which were certified as complete. If a letter of potential deficiencies is issued which identifies a portion of the certified improvements as potentially deficient, then all improvements not so identified in the letter of potential deficiencies shall be deemed accepted and the County shall release the appropriate amount of security as such relates to the certified improvements that are not identified as potentially deficient in the letter. With respect to any improvements certified as complete by the Owner that are identified as potentially deficient in a letter of potential deficiencies as provided in this paragraph, the County shall have thirty (30) days from the date of the letter of potential deficiencies to complete its investigation and provide written confirmation of the deficiency to the Owner. If upon further investigation the County finds that the improvements are acceptable, then appropriate security shall be released to the Owner within ten (10) days after completion of such investigation. In the event the improvements are not Subdivision Improve. Agree. Rose Ranch P.U.D. i3 -Sep -99 Page 6 1111111111111111111111111111111111111111111111111111111 569190 09/11/2000 05:05P 81206 P580 M ALSDORF 7 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO accepted by the County, the Board of Commissioners shall make a written finding prior to requesting payment from the Letter of Credit. Additionally, the County shall provide the Owner a reasonable period of time to cure any deficiency prior to requesting payment from the Letter of Credit. c. Security for Revegetation. The cost of landscaping improvements has been set forth on Exhibit B, including an amount sufficient to provide for full revegetation of the landscaping required by the PUD approval and the Preliminary Plan. The Letter of Credit required hereby must provide security for all costs of landscaping. The Certificate of Completion for landscaping improvements shall set forth the costs of revegetation and such amount shall be retained as security for a period not to exceed one (1) year after such completion. At the conclusion of that one (1) year period the amount of security retained for landscaping shall be released by the County upon receipt and acceptance of a certified letter from a landscape professional that such landscaping is complete and is no longer in need of revegetation and that the revegetation is established. d. Substitution of Letter of Credit. The County may, at its sole option, permit the Owner to substitute collateral other than a Letter of Credit acceptable to the County for the purpose of securing the completion of the improvements as hereinabove provided. e. Recording of Final Plat. No Final Plat shall be recorded pursuant to this Agreement until the Letter of Credit described in this Agreement has been received and approved by the County. 4. SEWER SYSTEM. Prior to September 1, 2000, Owner shall in conformance with the Preinclusion Agreement, above referenced, construct and convey to the Roaring Fork Water and Sanitation District all appurtenant improvements to the sewer system located within the Subdivision, including all sewer lines, interceptors and lift -stations, along with all easements and rights of way necessary to properly operate and maintain the sewer system improvements as they shall be located and in place. 5. DOMESTIC WATER SYSTEM. Prior to September 1, 2000, Owner shall construct and convey through appropriate instrument to the Rose Ranch Property Owners Association, Inc., a Colorado nonprofit corporation or, as may be applicable, the Roaring Fork Water and Sanitation District or such other special district as may be approved by the County, all appurtenant improvements to the domestic water system located within the Subdivision, Subdivision Improve. Agree. Rose Ranch P.U.D. 13 -Sep -99 Page 7 1111111111111111111111 111111 111 1111111111 11111 1111 1111 569190 09/11/2000 05:05P B1206 P581 M ALSDORF 8 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO including the Water Treatment Plant, Water Tank, diversion facilities, all water mains and lines, and applicable water rights, along with all easements and rights of way necessary to properly operate and maintain the domestic water system improvements as they shall be located and in place. 6. IRRIGATION SYSTEM. Prior to September 1, 2000, Owner shall construct and convey through appropriate instrument to the Rose Ranch Property Owners Association, Inc., a Colorado nonprofit corporation or such special district as may be approved by the County, all appurtenant improvements to the irrigation system located within the Subdivision, including all water lines, pumps, diversion and storage facilities and applicable water rights, along with all easements and rights of way necessary to properly operate and maintain the irrigation improvements as they shall be located and in place. 7. AFFORDABLE DWELLING UNITS. Owner was required under its' original P.U.D. approval (98-80), to provide owner -occupied affordable dwelling units in a number equal to 10% of the total units zoned under the P.U.D. In order to provide the opportunity for housing of seasonal golf course employees, Owner requested and received authority under its' P.U.D amendment (99-067) to satisfy this requirement through the provision of rental dwelling units, the rents for which will be by deed restriction capped in accordance with the definition of "Affordability" subsequently incorporated by the County within Section 4.07.03(3) of the Garfield County Zoning Resolution of 1978, as amended. Under Section 4.07.15.04, Owner is required make available for rent the Affordable Dwelling Units, "[a]t the time that other houses are available for rent." In conformance with the above and upon the following conditions, Owner shall construct the Affordable Dwelling Units: a. the Affordable Dwelling Units shall be constructed within a single structure to be sited within Golf Course Parcel 6 at the location depicted and described on the Map submitted with the Final Plat and identified as, "Rose Ranch Golf Clubhouse/Community Park (Conceptual Site Plan), attached herewith as Exhibit D and b. construction shall be completed and the Affordable Dwelling Units shall be made available for rent at or prior to the time at which the County has issued building permits for the Rose Ranch P.U.D in a number equal to M of the number of Lots contained within the Subdivision; and c. until such time as the Affordable Dwelling Units Subdivision Improve. Agree. Rose Ranch P.U.D. I3 -Sep -99 Page 8 1111111 569190 09/11/2000 05:05P B1206 P582 M ALSDORF 9 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO are constructed and made available for rent: i. Owner shall not be allowed to use or occupy for commercial purposes, the Golf Course Parcels or buildings constructed thereon unless, Owner provides security , in a form and amount satisfactory to the County, the construction of the Affordable Dwelling Units; and ii. Owner shall not be allowed to pursue under the County subdivision regulations, any further phase of subdivision within the Rose Ranch P.U.D. d. Owner shall obtain all required signatures of the Garfield County Housing Authority, or such other management entity as may be designated by the County, to a Occupancy Deed Restriction And Agreement For The Rose Ranch Affordable Dwelling Units -- which deed restriction shall be in a form substantially consistent with the form deed restriction attached hereto as Exhibit G -- at or prior to the earlier of: i. the time at which the Affordable Dwelling Units are made available for rent: or ii. the expiration of this Agreement (September 1, 2000) . 8. ROADS. All roads within the Final Plat shall be dedicated to the public as public rights-of-way. The homeowners association shall be solely responsible for the maintenance, repair and upkeep of those roads. The County shall not be obligated to maintain any roads within the subdivision. The owner of the Golf Course Parcel(s) shall contribute towards the expenses of maintenance, upkeep, repair, restoration and snow removal and reconstruction of roads as provided in the Golf Course Easement, recorded in the public records of the Clerk and Recorder for Garfield County, Colorado on 9-// , 1999, at Book Ama6, Page 73/, and Reception No. s69/9S. 9. INDEMNITY. To the extent allowed by law, the Owner agrees to indemnify and hold the County harmless and defend the County from all claims which may arise as a result of the Owner's installation of the improvements required pursuant to this agreement. However, the Owner does not indemnify the County for claims made asserting that the standards imposed by the County are improper or the cause of the injury asserted. The County shall be required to notify the Owner of Subdivision Improve. Agree. Rose Ranch P.U.D. I3 -Sep -99 Page 9 1111111 11111 111111 11111 111111 111 1111111 111111 11111 111111 11111 111111 111 1111111 111 111111 1111 n 569190 09/11/2000 05:05P 81206 P583 M ALSDORF 10 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO receipt of a notice of claim, or a notice of intent to sue and shall afford the Owner the option of defending any such claim or action. Failure to notify and provide such written option to the Owner shall extinguish the County's rights under this paragraph. Nothing herein stated shall be interpreted to require the Owner to indemnify the County from claims which may arise from the negligent acts or omissions of the County or its employees. 10. SCHOOL IMPACT FEES. The parties recognize and agree that the approval of the Final Plat constitutes approval of 82 single family lots for a corresponding total of 82 dwelling units. The parties agree that school impact fees shall be $200.00 per dwelling unit or such other amount as may be established by the County at the time of approval of the Final Plat. The Owner specifically agrees that it is obligated to pay the same at the time of recordation of the Final Plat, herein accepts that obligation, and waives any claim that it is not so obligated or required to pay school impact fees. The Owner agrees that subsequent to recording of the Final Plat, the Owner will not claim, nor is the Owner entitled to, a reimbursement of the school impact fees paid in conjunction with this Subdivision Improvements Agreement. 11. ROAD IMPACTS. The parties stipulate and agree That as determined pursuant to Section 4:94 of the Garfield County Subdivision Regulations of 1984, as amended and the Worksheet calculated in accordance therewith and attached hereto as Exhibit E., that the off-site road impact fee ("Road Impact Fee") applicable to the Property is $ . Owner agrees to pay the County the Road Impact Fee, subject to the following terms and conditions: A. Owner shall be allowed to offset against the Road Impact Fee, on a dollar for dollar basis, the estimated costs to be incurred by Owner in completing the improvements to County Road 109 ("109 Improvement Costs"), as more specifically described in Paragraph 2.E.(5), Supra. B. If the 109 Improvement Costs exceed the Road Impact Fee, Owner shall be allowed to carry the amount of such surplus forward as an offset against all off-site road impact fees applicable to future final plats of the Rose Ranch P.U.D. C. if the Road Impact Fee exceeds the 109 Improvement Costs, Owner shall pay the amount of such surplus to the County as follows: if any portion of the road improvements for Subdivision Improve. Agree. Rose Ranch P.U.D. 13 -Sep -99 Page 10 1111111111111111111111111111111111111111111111111111111 559190 09/11/2000 05:05P B1206 P584 M ALSDORF 11 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO District 9 (as defined under the Capital Improvements Plan adopted by the County under Resolution No. 97-111) are scheduled to be commenced within (5) years of execution of this Agreement, Owner shall pay (50°%) of such surplus to the County at the time of filing of the Final Plat. The remaining balance shall be made in payments to the County by the Subdivision property owners at the issuance of each building permit, each such payment to be determined in accordance with the following formula: Where: (A _ B) * C A = the Average Daily Traffic ("ADT") estimated to be generated by the home/structure for which application for building permit is made. B = the ADT estimated to be generated by the Subdivision. C = the payment to be made to the County. ii if the construction of road improvements within District 9 are not scheduled to be commenced within (5) years of the execution of this Agreement, the entire remaining balance shall be made in payments to the County by the Subdivision property owners at the time of issuance at building permit, each such payment to be determined in accordance with the formula set forth in Paragraph 9.C.i, above. D. All Road Impact Fees collected by the County pursuant to this provision shall be placed into a separate interest bearing account in the County Treasurer's office. All such fees and interest accrued must be spent on the capital improvements for District 9 identified in the Capital Improvements Plan adopted by the County under Resolution No. 97-111 within (20) years of execution of this Agreement. If after (20)years, such fees and interest have not been spent in accordance with the Capital Improvements Plan, they shall be returned to the party who originally paid the Road Impact Fee. E. The parties stipulate and agree that if the 109 Improvement Costs exceed the total Impact Fees imposed for the Rose Ranch P.U.D., that pursuant to Section 4:94, the Subdivision Improve. Agree. Rose Ranch P.U.D. 13 -Sep -99 Page 11 1111111 569190 09/11/2000 05:05P 81206 P585 M AL5DORF 12 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO County shall be obligated to refund to the Owner such excess credit balance. 12 FIRE DISTRICT FEES. The parties recognize and agree that the approval of the Final Plat constitutes approval of 82 single family lots for a corresponding total of 82 dwelling units. The parties agree that impact fees for the Carbondale & Rural Fire Protection District shall be $ per dwelling unit or such other amount as may be established by the County at the time of approval of the Final Plat. The Owner specifically agrees that it is obligated to pay the same at the time of recordation of the Final Plat, herein accepts that obligation, and waives any claim that it is not so obligated or required to pay the Fire District Fees. The Owner agrees that subsequent to recording of the Final Plat, the Owner will not claim, nor is the Owner entitled to, a reimbursement of the Fire District Fees paid in conjunction with this Subdivision Improvements Agreement. 13. 404 PERMIT. On or before 15 -Sep -99, Owner shall provide the County written verification from the Army Corps of Engineers that Owner's Nationwide 404 permit shall be valid and in effect past the stated 15 -Sep -99 expiration date 14. GOLF CART UNDERPASSES. Prior to the initiation of any construction activities on the County Road 109 golf cart underpasses identified on the Final Plat, Owner shall obtain all required construction permits for the same from the County's Road and Bridge Department. Owner and all construction contractors and subcontractors of Owner shall, in the construction of the County Road 109 golf cart underpasses, comply with and be bound by all terms, conditions and provisions contained within said permits. 15. COMMUNITY GARDEN. Owner shall establish at locations contained within those parcels identified upon the Final Plat as "Future Development Parcels" a temporary community garden of a size sufficient to allow each lot owner to manage a garden plot for his/her use. Owner shall be obligated to maintain the temporary community garden available for lot owner use until such time as a permanent location is established and dedicated under future subdivision Phases of the Rose Ranch P.U.D. 16. CONSULTING ENGINEERING. Owner shall reimburse to the County all professional fees and costs incurred by the County instant to the review and monitoring by an independent geotechnical engineer of all geotechnical mitigation measures required under Owner's PUD and Preliminary approvals above referenced. Subdivision Improve. Agree. Rose Ranch P.U.D. 13 -Sep -99 Page 12 1111111111111111111111111111111111111111111111111111111 569190 09/11/2000 05:05P B1206 P586 M ALSDORF 13 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO 17. SALE OF LOTS. No lots within the Subdivision shall be conveyed prior to recording of the Final Plat. 18. ISSUANCE OF BUILDING PERMITS. As one remedy for breach of this agreement, the County may withhold issuance of building permits for any structure within the Subdivision. Additionally, the Owner agrees that no building permit shall be issued for any structure within the subdivision prior to the inclusion of the Subdivision within the Roaring Fork Water and Sanitation District. The parties also agree that no building permit shall be issued until the Owner demonstrates to the satisfaction of the Fire District that adequate water is available for the Fire District's purposes at the site of construction. Further, the parties agree that no certificate of occupancy shall be issued for any building or structure within the Subdivision until all subdivision improvements, sewer and the water distribution systems have been completed and are operational, as required by this agreement. Finally, the Owner herein agrees that prior to the conveyance of any lot within this Subdivision, it will provide to the purchaser of that lot a signed copy of Exhibit F attached hereto, notifying the owner of the foregoing restrictions upon issuance of building permits and certificates of occupancy. 19. ENFORCEMENT. In addition to any rights which may be provided by Colorado statute, it is mutually agreed that the County or any purchaser of a lot within the Subdivision shall have the authority to bring an action in the District Court of Garfield County, Colorado, to compel enforcement of this agreement. 20. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this agreement, including the terms of the Preliminary Plan, or the P.U.D. approval, as amended, the County shall have the ability to vacate the Final Plat as it pertains to lots for which no building permits have been issued. Any existing lots for which building permits have been issued, shall not be vacated and the plat as to those lots shall remain valid. The Owner shall provide a survey and complete legal description with a map showing the location of a portion of the plat so vacated. 21. BINDING EFFECT. This agreement shall be a covenant running with the title to each lot within the Final Plat, and the rights and obligations as contained herein shall be binding upon and inure to the benefit of the Owner, its successors and assigns. Subdivision Improve. Agree. Rose Ranch P.U.D. 13 -Sep -99 Page 13 1111111111111111111111111111111111111111111111111111111 569190 09/11/2000 05:05P 81206 P587 M ALSDORF 14 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO 22. RECORDING. Upon execution and authorization by the County, the Owner shall record this agreement with the Office of the Clerk & Recorder for Garfield County, Colorado. 23. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this agreement shall lie in the District Court for Garfield County, Colorado, and be construed pursuant to the laws of the State of Colorado. 24. AMENDMENT. The parties hereto mutually agree that this agreement may be amended from time to time, provided such amendment is in writing and signed by the parties hereto. 25. NOTICE. All notices required herein shall be tendered by personal service or certified mail upon the following individuals or agents of the parties to this agreement: Board of County Commissioners of Garfield County c/o Mark Bean, Planning Director 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Roaring Fork Investments, LLC, a Colorado Limited Liability Company c/o Heggemeier & Stone, P.C. 19563 East Mainstreet, Suite 200 Parker, CO 80138 with copy to: Timothy A. Thulson Balcomb & Green, P C. P.O. Drawer 790 Glenwood Springs, CO 81602 Subdivision Improve. Agree. Rose Ranch P.U.D. z3 -Sep -99 Page 14 1 111111 11111 111111 11111 111111 111 1111111 111 111111 111 1111 569190 09/11/2000 05:05P B1206 P588 M ALSDORF 15 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO ENTERED INTO the day and year first above written. ROARING FORK INVESTMENTS, LLC., a Colorado Limited Liability Company By Ronald R. Heggem-ier, Manager BOARD 0: •LINTY COMMISSIONERS OF GARF E D COUNT CO •RADO By `r a'rm RTTEST :.l ;- 4 `tb the Board Subdivision Improve. Agree. Rose Ranch P.U.D. 13 -Sep -99 Page 15 111111 11111 111111 11111 111111 111 1111111 111 111111 111 11 569190 09/11/2000 05:05P 61206 P589 N ALSDORF 16 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO Exhibit A (Legal Description of Phase 1 of the Rose Ranch P.U.D.) Subdivision Improve. Agree. Rose Ranch P.U.D. 13--Sep-99 Page 16 11111111111111111111111111111 111 1111111111111111 111 1111 569190 09/11/2000 05:03P 81206 P590 M ALSDORF 17 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO PHAS4 1 LEGAL PAGE 1 ROSE RANCH P.U.D. PHASE 1 PROPERTY DESCRIPTION A PARCEL OF LAND SITUATED IN LOTS 7, 8, 9, 12, 13, 15 AND 16 OF SECTION 12, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 12, A BLM BRASS CAP IN PLACE; THENCE S 39°16'15" E 4369.77 FEET TO THE SOUTHWEST CORNER OF THE ROSE RANCH, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY OF COUNTY ROAD NO. 109, A REBAR AND CAP L.S. #19598 IN PLACE, THE POINT OF BEGINNING; THENCE THE FOLLOWING THE SEVEN (7) COURSES ALONG SAID EASTERLY RIGHT-OF-WAY: 1. N 13°15'08" E 30.84 FEET 2. N 13°40'41" E 86.97 FEET 3. N 14°26'34" E 8.37 FEET 4. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 263.67 FEET AND A CENTRAL ANGLE OF 22°42'13", A DISTANCE OF 104.48 FEET (CHORD BEARS N 03°05'28" E 103.80 FEET) - 5. N 08°15'39" W 721.97 FEET 6. N 09°37'30" W 215.26 FEET 7. N 09°32'11" W 374.52 FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY; N 80°27'49" E 61.66 FEET; THENCE S 69°00'00" E 114.87 FEET; THENCE N 64°00'00" E 195.36 FEET; THENCE N 31°18'55" E 343.31 FEET; THENCE N 29°11'53" E 207.54 FEET; THENCE N 53°00'00" W 117.98 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 80.00 FEET AND A CENTRAL ANGLE OF 59°30'10", A DISTANCE OF 83.08 FEET (CHORD BEARS N 50°44'48" E 79.40 FEET); THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 55°34'57", A DISTANCE OF 33.95 FEET (CHORD BEARS N 48°47'11" E 32.64 FEET); THENCE N 76°34'40" E 45.82 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 145.00 FEET AND A CENTRAL ANGLE OF 07°59'08", A DISTANCE OF 20.21 FEET (CHORD BEARS N 80034'14" E 20.19 FEET); THENCE N 84°33'48" E 162.26 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 145.00 FEET AND A CENTRAL ANGLE OF 12°40'07", A DISTANCE OF 32.06 FEET (CHORD BEARS S 89°06'08" E 32.00 FEET); THENCE S 82046105" E 88.97 FEET; THENCE N 16°02'33" E 71.09 FEET; THENCE N 59°50'09" E 321.51 FEET; THENCE N 62°10'49" E 340.58 FEET TO A POINT ON THE WESTERLY BOUNDARY 111111111111111111111111111111111111111 111 1111111111111 569190 09/11/2000 05:05P 81206 P591 M ALSDORF 18 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO PRASE 1 LEGAL PAGE 2 OF THAT PROPERTY DESCRIBED IN BOOK 511 AT PAGE 103 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE THE FOLLOWING FOUR (4) COURSES ALONG THE WESTERLY LINE OF SAID PROPERTY: 1. S 47°16'43" E 189.98 FEET 2. S 34°28'09" E 123.72 FEET 3. S 04°45'38" E 390.41 FEET 4. S 08°01'51" W 130.25 FEET TO THE SOUTHWEST CORNER OF SAID PROPERTY; THENCE N 67°25'06" E ALONG THE SOUTHERLY LINE OF SAID PROPERTY 211.00 FEET TO A POINT ON THE EASTERLY LINE OF LOT 9 OF SAID SECTION 12; THENCE S 00°22'11" E ALONG SAID EASTERLY LINE 606.90 FEET TO THE SOUTHEAST CORNER OF SAID LOT 9, A REBAR AND ALUMINUM CAP, LS #22580, IN PLACE; THENCE S 03°11'58" W ALONG THE EASTERLY LINE OF LOT 12 OF SAID SECTION 12 A DISTANCE OF 741.05 FEET TO THE SOUTHEAST CORNER OF SAID LOT 12, A REBAR AND ALUMINUM CAP IN PLACE; THENCE S 00°06'Q2" E ALONG THE EASTERLY LINE OF LOT 16 OF SAID SECTION 12 A DISTANCE OF 555.52 FEET TO THE SOUTHEAST CORNER OF SAID LOT 16, A REBAR AND ALUMINUM CAP IN PLACE, SAID POINT ALSO BEING THE NORTHEAST CORNER OF TELLER SPRINGS SUBDIVISION; THENCE S 89°59'08" W ALONG THE NORTHERLY LINE OF SAID TELLER SPRINGS SUBDIVISION 220.61 FEET TO THE SOUTHEAST CORNER OF PARCEL C OF RECEPTION NO. 444311 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE LEAVING SAID NORTHERLY LINE N 12°57'48" W ALONG THE EASTERLY LINE OF SAID RECEPTION NO. 444311 169.14 FEET; THENCE N 87°58'25" W ALONG THE NORTHERLY LINE OF SAID PARCEL C 324.74 FEET; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL C ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 582.29 FEET AND A CENTRAL ANGLE OF 17°52'51", A DISTANCE OF 181.72 FEET (CHORD BEARS S 13°29'05" E 180.98 FEET) TO A POINT ON THE NORTHERLY LINE OF SAID TELLER SPRINGS SUBDIVISION; THENCE S 89°52'26" W ALONG SAID NORTHERLY LINE 174.01 FEET TO THE NORTHWEST CORNER OF THE TELLER SPRINGS OPEN SPACE; THENCE LEAVING SAID NORTHERLY LINE S 21°55'10" W ALONG THE WESTERLY LINE OF SAID OPEN SPACE 53.97 FEET TO THE NORTHEAST CORNER OF LOT 5 OF SAID TELLER SPRINGS SUBDIVISION AS SHOWN ON THE AMENDED PLAT THEREOF; THENCE S 89°59'08" W ALONG THE NORTHERLY LINE OF SAID LOT 5 165.35 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE N 45°01'42" W 28.27 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE S 89°59'08" W 855.53 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 89.288 ACRES, MORE OR LESS. TOGETHER WITH A PARCEL OF LAND SITUATED IN LOTS 3 AND 4, SECTION 12 AND LOTS 28 AND 29, SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 12, A BLM BRASS CAP FOUND IN PLACE; THENCE N 86°59'45" E 2478.86 FEET, THE POINT OF BEGINNING; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A 1111111 11111 111111 11111 111111 111 1111111111 111111 III 1111 569190 09/11/2000 05:05P B1208 P592 M ALSDORF 19 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO PHASE 1 LEGAL PAGE 3 RADIUS OF 170.00 FEET AND A CENTRAL ANGLE OF 65°53'11", A DISTANCE OF 195.49 FEET (CHORD BEARS N 29°55'34" E 184.89 FEET); THENCE N 62°52'09" E 50.72 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 230.00 FEET AND A CENTRAL ANGLE OF 32°51'34", A DISTANCE OF 131.91 FEET (CHORD BEARS N 46°26'22" E 130.11 FEET); THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 91°43'08", A DISTANCE OF 56.03 FEET (CHORD BEARS N 75°52'09" E 50.23 FEET); THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 105.00 FEET AND A CENTRAL ANGLE OF 35°43'54", A DISTANCE OF 65.48 FEET (CHORD BEARS S 40°24'20" E 64.43 FEET); THENCE S 22°32'23" E 367.78 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 145.00 FEET AND A CENTRAL ANGLE OF 39°28'24", A DISTANCE OF 99.90 FEET (CHORD BEARS S 42°16135" E 97.93 FEET); THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 105.00 FEET AND A CENTRAL ANGLE OF 59°42'05", A DISTANCE OF 109.41 FEET (CHORD BEARS S 32°09'45" E 104.53 FEET); THENCE S 02°18'42" E 155.70 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 260.00 FEET AND A CENTRAL ANGLE OF 34°26'18", A DISTANCE OF 156.28 FEET (CHORD BEARS S 19°31'51" E 153.93 FEET); THENCE S 36°45'00" E 647.15 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 155.00 FEET AND A CENTRAL ANGLE OF 43°58'55", A DISTANCE OF 118.98 FEET (CHORD BEARS S 14°45'33" E 116.08 FEET); THENCE S 07°13'55" W 6.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 90°00'00", A DISTANCE OF 54.98 FEET (CHORD BEARS S 52°13'55" W A DISTANCE OF 49.50 FEET); THENCE N 82°46'05" W 14.61 FEET; THENCE ALONG THE ARC OF A CURVE THE LEFT HAVING A RADIUS OF 205.00 FEET AND A CENTRAL ANGLE OF 12°40'07", A DISTANCE OF 45.33 FEET (CHORD BEARS N 89°06'08" W 45.23 FEET); THENCE S 84°33'48" W 162.26 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 205.00 FEET AND A CENTRAL ANGLE OF 07°59'08", A DISTANCE OF 28.57 FEET (CHORD BEARS S 80°34'14" W 28.55 FEET); THENCE'S 76°34'40" W 45.82 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 55°34'57", A DISTANCE OF 33.95 FEET (CHORD BEARS N 75°37'51" W 32.64 FEET); THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 80.00 FEET AND A CENTRAL ANGLE OF 06°20'04", A DISTANCE OF 8.84 FEET (CHORD BEARS N 51°00'24' W 8.84 FEET); THENCE N 41°00'00" E 94.71 FEET; THENCE N 47°00'00" W 488.04 FEET; THENCE N 50°47'54" 40.59 FEET; THENCE N 25°00'00" W 384.00 FEET; THENCE N 25°52'15' W 41.58 FEET; THENCE N 05°31'07" W 211.73 FEET; THENCE N 22°32'23" W 214.58 FEET; THENCE N 74°00'00" W 80.63 FEET, TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 13.185 ACRES, MORE OR LESS. 111111111111111111 11111 1111 11 111 1111111 1 1 1 111111111 1111 569190 09/11/2000 05:05P B1206 P593 M ALSDORF 20 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO PHASE 1 LEGAL PAGE 4 TOGETHER WITH A PARCEL OF LAND SITUATED IN LOTS 5, 11, 12, 13, 15, 16, 23, 24, AND 28 OF SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1, A BLM BRASS CAP IN PLACE; THENCE N 82°31'27" W 2263.73 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF COUNTY ROAD 109, THE POINT OF BEGINNING; THENCE THE FOLLOWING SIXTEEN (16) COURSES ALONG SAID EASTERLY RIGHT- OF-WAY: 1. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1870.00 FEET AND A CENTRAL ANGLE OF 05°38'57", A DISTANCE OF 81.70 FEET (CHORD BEARS N 05°00'44" W 81.69 FEET) 2. N 03°45"38" W 70.62 FEET 3. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1155.00 FEETAND A CENTRAL ANGLE OF 08°59'23", A DISTANCE OF 181.22 FEET (CHORD BEARS N 08°15'19" W 181.03 FEET) 4. N 12°45'01" W 250.30 FEET 5. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 518.09 FEET AND A CENTRAL ANGLE OF 35°11'37", A DISTANCE OF 318.23 FEET (CHORD BEARS N 30°20'49" W 313.26 FEET) _ 6. N 47°56'38" W 239.80 FEET 7. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1520.00 FEET AND A CENTRAL ANGLE OF 14°05'17", A DISTANCE OF 373.74 FEET (CHORD BEARS N 40°53'59" W 372.80 FEET) 8. N 33°51'20" W 485.97 FEET 9. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 620.00 FEET AND A'CENTRAL ANGLE OF 19°38'05", A DISTANCE OF 212.47 FEET (CHORD BEARS N 43°40'23" W 211.43 FEET) 10. N 53°29'25" W 511.09 FEET 11. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 470.00 FEET AND A CENTRAL ANGLE OF 34°45'42", A DISTANCE OF 285.15 FEET (CHORD BEARS N 36°06'34" W 280.80 FEET) 12. N 18°43'43" W 773.97 FEET 13. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 620.00 FEET AND A CENTRAL ANGLE OF 30°05'19"., A DISTANCE OF 325.59 FEET (CHORD BEARS N 03°41'04" W 321.86 FEET) 14. N 11°21'36" E 171.27 FEET 15. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 380.00 FEET AND A CENTRAL ANGLE OF 02°00'48", A DISTANCE OF 13.35 FEET (CHORD BEARS N 10°21'13" E 13.35 FEET) 1111111111111111111111111111111111111111111111111111111 569190 09/11/2000 05:05P B1206 P594 M ALSDORF 21 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO PHASE 1 LEGAL PAGE 5 16. N 19°24'30"E 52.13 FEET; THENCE LEAVING SAID WESTERLY RIGHT- OF-WAY S 05°09'02" E 158.12 FEET; THENCE S 11°21'36" W 124.44 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1000.00 FEET AND A CENTRAL ANGLE OF 20°55'56", A DISTANCE OF 365.34 FEET (CHORD BEARS S 02°39'27" E 363.31 FEET); THENCE S 18°43'43" E 446.82 FEET; THENCE N 71°16'17" E 67.02 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 292.00 FEET AND A CENTRAL ANGLE OF 37°24'07", A DISTANCE OF 190.61 FEET (CHORD BEARS N 52°34'13" E 187.25 FEET); THENCE N 33°52'10" E 231.99 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 295.00 FEET AND A CENTRAL ANGLE OF 14°20'09", A DISTANCE OF 73.81 FEET (CHORD BEARS N 41°02'14" E 73.60 FEET); THENCE S 17°00'00" E 57.28 FEET; THENCE S 60°27'28" E 705.20 FEET; THENCE S 41°00'00" E 291.19 FEET; THENCE S 59°10'31" E 528.72 FEET; THENCE S 65°03'14" E 289.30 FEET; THENCE S 12°42'29" W 193.82 FEET; THENCE S 69°26'39" W 162.39 FEET; THENCE S 12°06'13" E 354.63 FEET; THENCE S 03°31'27" E 80.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 510.00 FEET AND A CENTRAL ANGLE OF 34°21'58", A DISTANCE OF 305.90 FEET (CHORD BEARS S 68°46'29" W 301.33 FEET); THENCE S 39°38'44" E 684.26; THENCE S 31°03'39" E 112.70 FEET; THENCE S 06°45'49" W 144.32 FEET; THENCE S 12°45'01" E 209.29 FEET; THENCE S 60°00'00" E 110.74 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 170.00 FEET AND A CENTRAL ANGLE OF 38°53'55", A DISTANCE OF 115.41 FEET (CHORD BEARS S 43°25'11" W 113.21 FEET); THENCE S 62°52'09" W 50.72 FEET; THENCE S 80°35"25" W 299.88 FEET, TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 48.206 ACRES, MORE OR LESS. TOGETHER WITH A PARCEL OF LAND SITUATED IN LOTS 2, 3, AND 9 OF SECTION 12, AND LOTS 10, 11, 12, 17, 22, 29, AND 30 OF SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1, A BLM BRASS CAP IN PLACE; THENCE S 76°17'40" E 3972.43 FEET TO THE POINT OF BEGINNING; THENCE N 44°21'10" W 102.28 FEET; THENCE N 58°00'42" W 191.26 FEET; THENCE N 31°18'36" W 193.84 FEET; THENCE N 35°01'04" W 195.06 FEET; THENCE N 50°10'09" W 174.71 FEET; THENCE N 54°11'49" W 43.11 FEET; THENCE N 24°39'20" W 163.26 FEET; THENCE S 69°34'20" W 77.75 FEET; THENCE N 02°18'42" W 50.18 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 145.00 FEET AND A CENTRAL ANGLE OF 59°42'05", A DISTANCE OF 151.09 FEET (CHORD BEARS N 32°09'45" W 144.35 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1111111111111111111111111111111111111111111111111111111 569190 09/11/2000 05:05P B1206 P595 M ALSDORF 22 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO PHASE 1 LEGAL PAGE 6 105.00 FEET AND A CENTRAL ANGLE OF 18°41'42", A DISTANCE OF 34.26 FEET (CHORD BEARS N 52°39'56" W 34.11 FEET); THENCE N 66°06'05" E 97.52 FEET; THENCE N 12°00'28" W 243.11 FEET; THENCE N 11°30'42" W 105.63 FEET; THENCE N 07°12'34" W 75.18 FEET; THENCE N 08°02'04" W 130.43 FEET; THENCE N 00°42'38" W 148.65 FEET; THENCE N 84°00'00" W 223.25 FEET; THENCE N 05°18'54" E 90.01 FEET; THENCE S 84°00'00" E 226.92 FEET; THENCE N 03°33'06" E 162.15 FEET; THENCE N 00°42'38" W 162.56 FEET; THENCE N 21°00'00" E 332.51 FEET; THENCE N 00°42'38" W 202.27 FEET; THENCE N 09°00'00" W 381.49 FEET; THENCE N 00°42'38" W 176.32 FEET; THENCE N 86°49'23" W 193.89 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 580.00 FEET AND A CENTRAL ANGLE OF 10°53"34", A DISTANCE OF 110.27 FEET (CHORD BEARS N 21°33'22" W 110.10 FEET); THENCE S 86°49'23" E 225.61 FEET; THENCE N 25°43'53" W 308.74 FEET; THENCE N 14°33'44" W 79.98 FEET; THENCE N 30°42'43" W 86.50 FEET; THENCE N 34°03'44" W 197.29 FEET; THENCE N 34°19'54" W 149.21 FEET; THENCE N 49°00'00" W 200.56 FEET; THENCE N 59°50'00" W 206.65 FEET; THENCE N 69°00'00" W 209.58 FEET; THENCE N 65°00'00" W 362.59 FEET; THENCE N 67°51'09" W 379.36 FEET; THENCE N 72°00'00" W 128.25 FEET, TO A POINT ON THE EASTERLY LINE OF THAT PROPERTY DESCRIBED IN BOOK 590 AT PAGE 955; THENCE N 37°11'37" E ALONG SAID EASTERLY LINE 123.94 FEET TO A POINT ON THE CENTERLINE OF THE ROARING FORK RIVER; THENCE THE FOLLOWING FIVE (5) COURSES ALONG THE CENTERLINE OF SAID RIVER: 1. S 64°20'33" E 539.13 FEET 2. S 69°24'54" E 523.30 FEET 3. S 61°41'54" E 147.51 FEET 4. S 34°19'54" E 646.80 FEET 5. S 29°54'54" E 516.97 FEET TO A POINT ON THE EASTERLY LINE OF LOT 17 OF SAID SECTION 1; THENCE LEAVING SAID CENTERLINE S 00°42'38" E ALONG THE EASTERLY LINE OF LOTS 17, 22 AND 29, A DISTANCE OF 2140.70 FEET; THENCE LEAVING SAID EASTERLY LINE N 89°15'45" E 43.14 FEET TO THE NORTHWEST CORNER OF THAT PROPERTY DESCRIBED IN BOOK 511 AT PAGE 103 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE THE FOLLOWING THREE (3) COURSES ALONG THE WESTERLY LINE OF SAID PROPERTY: 1. S 41°07'10" E 559.76 FEET 2. S 47°56'39" E 519.80 FEET 3. S 47°16'43" E 276.72 FEET; THENCE LEAVING SAID WESTERLY LINE S 62°10'49" W 340.58 FEET, TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 18.603 ACRES, MORE OR LESS. TOGETHER WITH A PARCEL OF LAND SITUATED IN LOTS 23 AND 28 OF SECTION 1 AND LOTS 4, 5, 6, 7, 14, THE NW1/4NW1/4 AND THE SW1/4NW1/4 OF SECTION 1 Wali 11111 111111 11111 111111 iii 1111111111 1111111 111111 569190 09/11/2000 05:05P B1206 P596 M ALSDORF 23 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO PHASE 1 LEGAL PAGE 7 12, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL OF LAND BEING MORE PARTICULARLY AS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1, A ELM BRASS CAP IN PLACE, THE POINT OF BEGINNING; THENCE S 88°08'24" E ALONG THE NORTHERLY LINE OF THE NW1/4NW1/4 AND LOT 5 OF SAID SECTION 12 1925.15 FEET; THENCE LEAVING SAID NORTHERLY LINE S 01°19'06" W 100.00 FEET; THENCE S 88°08'24" E 150.00 FEET; THENCE N 00°03'38" E 200.10 FEET; THENCE N 88°08'24" W 100.15 FEET TO A POINT ON THE WESTERLY LINE OF LOT 28 OF SAID SECTION 1; THENCE N 01°16'57" W ALONG THE WESTERLY LINE OF LOTS 28 AND 23 OF SAID SECTION 1 1061.60 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF COUNTY ROAD 109; THENCE LEAVING THE WESTERLY LINE OF SAID LOT 23 THE FOLLOWING SEVEN (7) COURSES ALONG THE WESTERLY RIGHT--OF-WAY OF SAID COUNTY ROAD 109: 1. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 458.09 FEET AND A CENTRAL ANGLE OF 36°07'56", A DISTANCE OF 288.88 FEET (CHORD BEARS S 30°48'59" E 284.12 FEET) 2. S 12°45'01" E 247.15 FEET 3. ALONG THE ARC OF A CURVE TO THE RIGHT -HAVING A RADIUS OF 1095.00 FEET AND A CENTRAL ANGLE OF 08°59'23", A DISTANCE OF 171.80 FEET (CHORD BEARS S 08°15'19" E 171.63 FEET) 4. S 03°45'38" E 70.62 FEET 5. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1930.00 FEET AND A CENTRAL ANGLE OF 05°38'57", A DISTANCE OF 190.29 FEET (CHORD BEARS S 06°35'06" E 190.21 FEET) 6. S 09°24'35" E 1739.96 FEET 7. S 09°32'11" E 545.09 FEET (TO A POINT WHENCE AN ONE INCH IRON PIPE BEARS S 80°39'46" W 15.01 FEET); THENCE LEAVING SAID WESTERLY RIGHT -OF --WAY S 80°39'46" W ALONG THE NORTHERLY LINE EXTENDED AND THE NORTHERLY LINE OF RECEPTION NO. 402764 156.56 FEET TO AN ONE INCH IRON PIPE IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY LINE S 46°49'46" W 319.59 FEET TO THE NORTHWEST CORNER OF SAID RECEPTION NO. 402764, A REBAR AND CAP IN PLACE; THENCE S 08°30'14" E ALONG THE WESTERLY LINE OF SAID RECEPTION NO. 402764 AND RECEPTION NO. 418590, 302.72 FEET TO THE SOUTHWEST CORNER OF SAID RECEPTION NO. 418590; THENCE S 80°45'44" W ALONG THE NORTHERLY LINE OF RECEPTION NO. 397182, 177.17 FEET TO THE NORTHWEST CORNER OF SAID RECEPTION NO. 397182; THENCE S 17°25'15" W ALONG THE WESTERLY LINE OF RECEPTION NO. 397182 AND RECEPTION NO. 411767, 741.91 FEET TO THE NORTHWEST CORNER OF LOT 21 OF SAID SECTION 12, ALSO BEING THE NORTHWEST CORNER OF TELLER SPRINGS SUBDIVISION; THENCE S 00°00'34" W ALONG THE WESTERLY LINE OF SAID TELLER SPRINGS SUBDIVISION AND THE EASTERLY LINE OF LOT 14 OF SAID SECTION 12 768.25 FEET TO THE SOUTHEAST CORNER OF SAID LOT 14; THENCE LEAVING THE WESTERLY LINE OF TELLER SPRINGS SUBDIVISION S 89°00'59" W ALONG THE SOUTHERLY LINE OF SAID LOT 14 468.99 FEET TO 111111111111111111111111111111111111111 111 1111111111111 569190 09/11/2000 05:05P B1206 P597 M ALSDORF 24 of 55 R 190.00 0 0.00 GARFIELD COUNTY CO PHASE 1 LEGAL PAGE 8 THE SOUTHWEST CORNER OF SAID LOT 14; THENCE N 00022'13" E ALONG THE WESTERLY LINE OF SAID LOT 14 1378.08 FEET TO THE NORTHWEST CORNER OF SAID LOT 14; THENCE N 89°07'53" W ALONG THE SOUTHERLY LINE OF THE SW1/4NW1/4 OF SAID SECTION 12 1347.91 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 12, AN ALUMINUM CAP IN PLACE; THENCE N 00°33'14" W ALONG THE WESTERLY LINE OF SAID SECTION 12 2728.80 FEET TO THE POINT OF BEGINNING, SAID PARCEL OF LAND CONTAINING 166.038 ACRES, MORE OR LESS. TOGETHER WITH A PARCEL OF LAND SITUATED IN LOTS 5 AND 13 OF SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 1, A BLM BRASS CAP IN PLACE: THENCE S 56°22'41 E 518.09 FEET TO THE POINT OF BEGINNING. THENCE S 59°20'23 E 118.46 FEET; THENCE S 60°00'00 W 121.04 FEET; THENCE S 11°21'36 W 58.67 FEET; THENCE N 05°09'02 W 158.12 FEET; THENCE N 19°24'30 E 31.12 FEET; THENCE S 65°25'04 E 20.16 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 0.220 ACRES, MORE OR LESS. TOGETHER WITH A PARCEL OF LAND SITUATED IN LOTS 12 AND 13 OF SECTION 1, TOWNWHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: _ COMMENCING AT THE NORTHWEST CORNER OF SECTION 1, A BLM BRASS CAP IN PLACE: THENCE S 34°35'14' E 723.60 FEET TO THE POINT OF BEGINNING. THENCE S 14°QO'00 E 407.29 FEET; THENCE S 18°43'43 E 156.81 FEET; THENCE S 69'00'00 E 190.08 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 232.70 FEET AND A CENTRAL ANGLE OF 38°55'16" , A DISTANCE OF 158.08 FEET (CHORD BEARS S 51°47'11 W 155.05 FEET); THENCE S 71°16'17 W 67.02 FEET; THENCE N 18°43'43 W 446.82 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADUIS OF 1000.00 FEET AND A CENTRAL ANGLE OF 20°55'56" , A DISTANCE OF 365.34 FEET (CHORD BEARS N 02°39'27 W 363.31 FEET) TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 1.300 ACRES, MORE OF LESS. TOGETHER WITH A TRACT OF LAND SITUATED IN SECTION 35, TOWNSHIP 6 SOUTH, RANGE 89 WEST AND SECTION 2, TOWNSHIP 7 SOUTH, RANGE 89 WEST, ALL IN THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE COMMON CORNER TO SECTIONS 1 AND 2, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, SAID CORNER ALSO BEING COMMON TO SECTIONS 35 AND 36, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN; THENCE N 76004'29" W 4185.64 FEET TO THE NORTHEAST CORNER OF LOT 21, WESTBANK RANCH SUBDIVISION, FILING 1, THE 1 111111 11111 111111 11111 111111 iii 1111111 111 IlIlUlIll 1111 569190 09/11/2000 05:05P B1206 P598 M ALSDORF 25 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO POINT OF BEGINNING; ALONG THE NORTHERLY FILING 1: 1. S 09°00'22" W 2. S 69°53'22" W 3. S 06°59'38" E 4. S 55°29'38" E 5. S 75°13'38" E 6. N 88°58'22" E 7. N 82°55'22" E 8. S 20°35'18" E 9. N 69°24'42" E 10. N 07°18'26" W 11. N 71°15'22" E 12. N 41°00'22" E 13. S 65°59'38" E 14. S 19°59'38" E 15. S 60°00'22" W 16. S 48°16'51" W 17. S 50°30'22" W 18. S 69°24'42" W 19. N 20°35'18" W 20. S 69°24'42" W 21. S 20°35'18" E 22. S 66°09'07" W 23. S 01°23'54" W PHASE 1 LEGAL PAGE 9 THENCE THE FOLLOWING TWENTY FIVE (25) COURSES AND EASTERLY BOUNDARY OF SAID WESTBANK RANCH, 226.00 82.00 79.00 95.00 215.00 451.00 240.00 185.00 210.00 251.73 272.00 372.54 435.00 210.00 398.80 FEET FEET FEET FEET FEET FEET FEET FEET FEET FEET FEET FEET FEET FEET FEET 235.20 FEET 210.22 FEET 180.00 260.00 230.27 266.00 96.57 109.60 FEET FEET FEET FEET FEET FEET TO A REBAR AND CAP, TO A REBAR AND CAP, TO A REBAR AND CAP, TO A REBAR AND CAP TO A NO. 5 REBAR TO A REBAR AND CAP TO A REBAR AND CAP TO A REBAR AND CAP TO A REBAR AND CAP, TO A NO. 5 REBAR TO A REBAR AND CAP TO A NO. 5 REBAR TO A NO. 5 REBAR TO A NO. 5 REBAR TO A NO. 5 REBAR TO A NO. 5 REBAR TO A NO. 5 REBAR TO A NO. 5 REBAR L.S. NO. L.S. NO. L.S. NO. (ILLEGIBLE) 19598 19598 19598 (ILLEGIBLE) (ILLEGIBLE) (ILLEGIBLE) L.S. NO. 19598 (ILLEGIBLE) TO A REBAR AND CAP, L.S. NO. 19598 TO A NO. 5 REBAR TO A REBAR AND CAP (ILLEGIBLE) TO A REBAR AND CAP, L.S. NO. 19598 TO A REBAR AND CAP, L.S. NO. 7168 24. S 28°05'38" E 250.00 FEET TO A REBAR AND CAP (ILLEGIBLE) 25. S 67°07'27" E 149.99 FEET TO A REBAR AND CAP (ILLEGIBLE), THE COMMON CORNER OF WESTBANK RANCH SUBDIVISION FILING 1 AND WESTBANK RANCH SUBDIVISION FILING 2, SAID CORNER ALSO BEING THE NORTHWEST CORNER OF LOT 23 OF SAID FILING 2; THENCE THE FOLLOWING SEVENTEEN (17) COURSES ALONG THE NORTHERLY BOUNDARY OF SAID WESTBANK RANCH SUBDIVISION FILING 2: 1 S 69°05'38" E 633.53 FEET TO A NO. 5 REBAR 2 N 78°31'22" E 318.16 FEET TO A NO. 5 REBAR 3 S 62°19'08" E 376.50 FEET TO A REBAR AND CAP (ILLEGIBLE) 4 S 84°58'08" E 5 ALONG THE ARC 192.70 FEET TO A REBAR AND CAP (ILLEGIBLE) OF A CURVE TO THE LEFT HAVING A RADIUS OF 585.00 FEET, A CENTRAL ANGLE OF 03°55'13" AND DISTANCE OF 40.03 FEET (CHORD BEARS N 03°04'17" E 40.02 FEET) TO A NO. 5 REBAR 6. N 84°58'08" W 183.32 FEET TO A NO. 5 REBAR 7. N 62°19'08" W 133.53 FEET TO A NO. 5 REBAR 1111111 III 111111111 1111 569190 09/11/2000 05:05P B1206 P599 M ALSDORF 26 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO 8. N 10°46'22" 9. N 30°36'38" 10. N 39°08'22" 11. N 77°24'22" 12. S 33°46'38" 13. S 18°29'38" 14. S 06°49'38" 15. 16. E W E E E E E 65.11 476.00 306.48 264.88 544.01 217.00 PHASE 1 LEGAL PAGE 10 FEET TO A 1 INCH STEEL PIPE FEET TO A REBAR AND CAP, L.S NO. 9184 FEET TO A NO. 5 REBAR FEET TO A REBAR AND CAP (ILLEGIBLE) FEET FEET 218.79 FEET TO A REBAR AND CAP, L.S. NO. 19598 N 84°58'08" W 259.29 FEET TO A NO. 5 REBAR ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 645.00 FEET, A CENTRAL ANGLE OF 03°33'20" AND A DISTANCE OF 40.03 FEET (CHORD BEARS S 03°15'14" W 40.02 FEET) TO A REBAR AND CAP (ILLEGIBLE) 17. S 84°58'08" E 334.45 FEET TO A NO. 5 REBAR, THE COMMON CORNER OF WESTBANK RANCH SUBDIVISION FILING 2 AND WESTBANK RANCH SUBDIVISION FILING 3, SAID CORNER ALSO BEING THE NORTHWEST CORNER OF LOT 14 OF SAID FILING 3; THENCE THE FOLLOWING SIXTEEN (16) COURSES ALONG THE WESTERLY BOUNDARY OF SAID WESTBANK RANCH SUBDIVISION FILING 3: 1. N 81°07'37" E 357.91 FEET TO A REBAR AND CAP, L.S. NO. 9184 2. N 89°54'22" E 200.00 FEET TO A REBAR AND CAP, L.S. NO. 19598 3. S 78°32'08" E 216.49 FEET TO A NO. 5 REBAR 4. S 74°29'38" E 173.39 FEET TO A REBAR AND CAP (ILLEGIBLE) 5. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 300.00 FEET, A CENTRAL ANGLE OF 09°56'03" AND A DISTANCE OF 52.02 FEET (CHORD BEARS N 00°36'54" E 51.95 FEET) TO A REBAR AND ALUMINUM L.S. NO. 11204 74°29'38" W 319.84 FEET TO A REBAR AND ALUMINUM CAP, L.S. NO. CAP, 6. N 11204 7. N 33°34'38" 8. N 22°27'38" 9. N 20°22'38" 10. N 35°29'38" 11. N 52°29'38" 12. N 52°29'38" 13. N 16°18'38" 14. N 33°56'22" 15. S 69°27'38" W 232.00 W 382.00 W 328.18 W 119.00 W 175.00 W 215.00 W 321.00 E 228.90 E 475.00 395.00 FEET FEET FEET FEET FEET FEET FEET FEET FEET FEET TO TO TO TO TO TO TO TO TO TO A REBAR AND CAP (ILLEGIBLE) A REBAR AND CAP, L.S. NO. 9184 A NO. 5 REBAR A REBAR AND CAP, L.S. NO. 9184 A REBAR AND CAP, L.S. NO. 9184 A REBAR AND CAP, L.S. NO. 9184 A REBAR AND CAP (ILLEGIBLE) A A A REBAR AND CAP, L.S. NO. 9184 REBAR AND CAP, L.S. NO. 9184 16. S 50°45'38" E REBAR AND CAP, L.S. NO. 9184, SAID POINT ALSO BEING THE NORTHEAST CORNER OF LOT 23 OF SAID WESTBANK RANCH SUBDIVISION FILING 3; THENCE LEAVING SAID BOUNDARY N 42°04'22" E 160.00 FEET TO A POINT IN THE CENTER OF THE ROARING FORK RIVER; THENCE THE TWELVE (12) FOLLOWING COURSES ALONG SAID CENTERLINE: 1. N 51°47'38" W 124.10 FEET 111111111111111111111111111111111111111 111 1111111111111 569190 09/11/2000 05:05P 81206 P600 M ALSDORF 27 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO PHASE 1 LEGAL PAGE, 11 2. N 45°56'38" W 239.80 FEET 3. N 64°32'38" W 507.80 FEET 4. N 84°51'38" W 169.60 FEET 5. N 79°36'38" W 203.00 FEET 6. N 72°34'38" W 879.00 FEET 7. S 87°46'22" W 342.00 FEET 8. S 85°12'22" W 231.00 FEET 9. S 65°57'22" W 517.00 FEET 10. S 48°42'22" W 332.00 FEET 11. S 69°44'22" W 363.00 FEET 12. N 80°02'30" W 181.97 FEET TO THE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINING 93.860 ACRES, MORE OR LESS. TOGETHER WITH A 30.00' WIDE ACCESS AND UTILITY EASEMENT EXTENDING FROM MEADOW LANE TO COUNTY ROAD NO. 109 AND BEING THE SOUTHERLY 30.00 FEET OF LOT 15, WESTBANK SUBDIVISION, FILING NO. 3, AS SHOWN ON THE PLAT THEREOF RECORDED IN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE. TOGETHER WITH A LIMITED ACCESS EASEMENT THROUGH WEST BANK OPEN SPACE BEING A 25.00 FOOT WIDE STRIP OF LAND SITUATED IN LOT 24, SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID STRIP OF LAND LYING 12.50 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1, A BLM BRASS CAP IN PLACE; THENCE N 61°13'24" E 2223.28 FEET TO A POINT ON THE PAGE EASTERLY LINE OF SAID LOT 24, SAID POINT ALSO BEING ON SAID CENTERLINE, THE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE N 48°52'57" W ALONG SAID CENTERLINE 236.91 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1404.75 FEET AND A CENTRAL ANGLE OF 10°55142'e, A DISTANCE OF 267.94 FEET (CHORD BEARS N 43°25'05" W 267.53 FEET); THENCE CONTINUING ALONG SAID CENTERLINE N 69°16'39" E 20.95 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY OF COUNTY ROAD NO. 109; THENCE LEAVING SAID RIGHT-OF-WAY AND CONTINUING ALONG SAID CENTERLINE S 69°16'39" W 30.81 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 42°43'58", A DISTANCE OF 18.65 FEET(CHORD BEARS N 89°21'22" W 18.22 FEET); THENCE CONTINUING ALONG SAID CENTERLINE N 67°59'23" W 56.79 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 1111111111111111111111111111111111111111111111111111111 569190 09/11/2000 05:05P 81206 P601 M ALSDORF 28 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO PHASE 1 LEGAL PAGE 12 64°44'47", A DISTANCE OF 28.25 FEET (CHORD BEARS S 79°.38'13" W 26.77 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 47°15'50" W 58.23 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1250.00 FEET AND A CENTRAL ANGLE OF 05°28'45", A DISTANCE OF 119.54 FEET (CHORD BEARS S 44°31'27" W 119.49 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 41°47'05" W 96.44 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 18°48'32", A DISTANCE OF 32.83 FEET(CHORD BEARS S 51°11'21" W 32.68 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 60°35'37" W 46.99 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 16°49'45", A DISTANCE OF 29.37 FEET(CHORD BEARS S 69°00'29" W 29.27 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 77°25'22" W 39.30 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 33°15'59", A DISTANCE OF 14.52 FEET (CHORD BEARS S 60°47'22" W 14.31 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 44°09'23" W 33.76 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 29°35'03", A DISTANCE OF 25.82 FEET(CHORD BEARS S 29°21'52" W 25.53 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 14°34'20" W 21.94 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF_A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 25°18'20", A DISTANCE OF 22.08 FEET (CHORD BEARS S 01°55'10" W 21.90 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 10°44'00" E 127.50 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 71°09'00", A DISTANCE OF 31.05 FEET(CHORD BEARS S 24°50'30" W 29.09 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 60°25'00" W 83.15 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 68°29'58", A DISTANCE OF 29.89 FEET (CHORD BEARS S 26°10'01" W 28.14 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 08°04'58" E 10.67 FEET TO A POINT ON THE SOUTHERLY LINE OF LOT 24 OF SAID SECTION 1, THE TERMINUS; WHENCE THE SOUTHWEST CORNER OF SAID SECTION 1 BEARS S 50°30'32" W 1335.39 FEET. TOGETHER WITH A LIMITED ACCESS EASEMENT THROUGH TROUT BEING A 40.00 FOOT WIDE STRIP OF LAND SITUATED IN LOT 26 AND 27, SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID STRIP OF LAND LYING 20.00 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: 11111111111111111111111111111 111 1111111 111 1111111111111 569190 09/11/2000 05:05P 61206 P602 M ALSDORF 29 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO PHASE 1 LEGAL PAGE 13 COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1, A BLM BRASS CAP IN PLACE; THENCE N 50°30'32" E 1335.39 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 26, SAID POINT ALSO BEING ON SAID CENTERLINE, THE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE S 08°04'58" W ALONG SAID CENTERLINE 38.58 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 79°39'45", A DISTANCE OF 34.76 FEET(CHORD BEARS S 31°44'55" W 32.03 FEET); THENCE CONTINUING ALONG SAID CENTERLINE 5 71°34'47" W 11.95 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 21°47102", A DISTANCE OF 19.01 FEET(CHORD BEARS S 82°28118" W 18.90 FEET); THENCE CONTINUING ALONG SAID CENTERLINE N 81°44'27" W 16.83 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 95°09144", A DISTANCE OF 41.52 FEET (CHORD BEARS S 50°40'40" W 36.91 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 01°01'23" W 29.68 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 31°40'51", A DISTANCE OF 27.65 FEET(CHORD BEARS S 16°51'49" W 27.30 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 32°42114" W 88.36 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 26°01'54", A DISTANCE OF 22.72 FEET (CHORD BEARS S 19°41'17" W 22.52 FEET); THENCE CONTINUING ALONG SAID CENTERLINES 06°40'20" W 19.05 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 60°30'09", A DISTANCE OF 26.40 FEET (CHORD BEARS S 23°34'44" E 25.19 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 53°49'49" E 8.59 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 28°56'52", A DISTANCE OF 12.63 FEET(CHORD BEARS S 39°21'22" E 12.50 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 24°52'56" E 10.28 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 42°02'11", A DISTANCE OF 18.34 FEET(CHORD BEARS S 03°51151" E 17.93 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 17°09'15" W 46.43 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 10°32150", A DISTANCE OF 18.41 FEET(CHORD BEARS S 22°25"40" W 18.38 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 27°42'05" W 49.78 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 46°09'03", A AIM 111111111111111111111111111111111111 5190 09/11/2000 05:05P 81206 P603 1SD RF 30 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO PHASE 1 LEGAL PAGE 14 DISTANCE OF 40.27 FEET (CHORD BEARS S 04°37'33" W 39.19 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 18°26'59" E 9.34 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 41°51'43", A DISTANCE OF 36.53 FEET(CHORD BEARS S 02°28'53" W 35.72 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 23°24'44" W 52.26 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 39°55'48", A DISTANCE OF 34.85 FEET (CHORD BEARS S 03°26'50" W 34.14 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 16°31'04" E 8.35 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 48°53'14r", A DISTANCE OF 42.66 FEET (CHORD BEARS S 07°55'33" W 41.38 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 32°22'11" W 27.64 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 26°24'43", A DISTANCE OF 23.05 FEET (CHORD BEARS S 19°09'49" W 22.85 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 05°57'27" W 107.09 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 05°31'35", A DISTANCE OF 9.65 FEET (CHORD BEARS S 03°1.1'40" W 9.64 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 00°25'52" W 48.93 FEET; THENCE - CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 09°55'00", A DISTANCE OF 17.31 FEET(CHORD BEARS S 05°23'22" W 17.29 FEET) TO A POINT ON THE SOUTHERLY LINE OF LOT 26 OF SAID SECTION 1, THE TERMINUS; WHENCE THE SOUTHWEST CORNER OF SAID SECTION 1 BEARS N 88°08'24" W 801.05 FEET. THE ABOVE DESCRIBED PROPERTY CONTAINING A TOTAL ACREAGE OF 430.698 ACRES, MORE OR LESS. 8/5/99 1111111111111111111111111111111111111111111111111111111 569190 09/11/2000 05:05P 61206 P604 M ALSDORF 31 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO Exhibit B (Certified Costs of Improvements) Subdivision Improve. Agree. Rose Ranch P.U.D. 13 -Sep -99 Page 17 ROSE RANCH P. U.D. PFL4SE 1 PUBLIC IMPROVEMENTS ENGINEERS ESTI PLATE OF PROBABLE CONSTRUCTION COST June 9, 1999 HCE JOB NO: 97042.01 ITEM Gr eg wa"r1&1i's Mobilization Earthwork Earthwork for util. above ditch Water Tank Base Prep. Retaining Wall (Face Area) Rock Excavation •Road CO ChOnZ --:-,. 7e. 3" Asphalt 6' Class 6 ABC 1' Ribbon Curb 1.5' Median Curb Check Darn Construction Sod in roadside ditches 10' Concrete bike path Maintenance Road to Water Tank 5' Concrete Sidewalk QUANTITY 1 L.S. 1 L.S. 52173 CY 1 L.S. 6263 S.F. 1500 C.X. 18,739 S.Y. 3,469 C.Y. 12,826 L.F. 1,248 L.F. 1,444 L.F. 1,137 S.Y. 4,623 S.Y. 2,008 S.Y. 28,102 S.F. UNIT COST COST 100,000.00 100.000.00 300,000.00 300,000.00 11.00 573,903.00 10,000.00 10,000.00 32.00 200,416.00 30.00 45,000.00 8.00 20.00 9.00 11.00 2.00 0.50 29.00 9.00 4.00 149,912.00 69,380.00 115,434.00 13,728.00 2,888.00 568.50 134,067.00 18,072.00 112,408.00 "• Improvements - • 'see Engineer's Estimate for breakdown 1 L.S. 497,784.00 497,784.00 - Improvements . • • *see Engineer's Estimate for breakdown Storm 18" ADS N-12 24" ADS N-12 . - 30" ADS N-12 36" ADS N-12 • - 42".ADS N-12 0. 48" ADS N-12 24" C.M.P. 36" C.M.P. . 10'x10' Concrete Box Culvert 18" CMP Flared End 24" CMP Flared End 30" CMP Flared End Wing Walls far Concrete Culverts Baffled Oil Skimmer Domestic.Water 'price includes trenching and fittings and restraints where needed 12" DIP Waterline 10" DIP Waterline 8' DIP Waterline 6" DIP Waterline 12" Gate Valve 10" Gate Valve 1 Z.S. 132 L.F..:: 424 L.F. 142 L.F. :. 0 L.F. I743 L.F. ' 334 L.F. 60 L.F. •124 L.F. 85 L.F. 4 Each 10 Each 4 Each 4 Each 4 Each 6,539 L.F. 2,023 L.F. 9,794 L.F. 1,418 L.F. 10 Each 8 Each • .614,316.00 • 27.00 30.00 50.00. 70.00 90.00 110.00 32.00 72.00 1,050.00 200.00 250.00 650.00 1000.00 2500.00 614,316.00 3,564.00 '.'•:,. -.12,720.00 :: '7,100.00 156,870.00 36,740.00 1,920.00 8,928.00 89,250.00 800.00 2,500.00 2,600.00 4,000.00 10,000.00 54.00 353,106.00 41.05 83,044.15 31.33 306,846.02 20.00 23,360.00 975.00 9,750.00 850.00 6.800.00 • (n Nam O r� -' (0= W- a_ 111 la, o+ - • N� . m m m� CI 0� • sem G o W 11 MO 1-6 X3 10 NEM mO1- r -u mom D OI 0 to MEIN 0 i 3 ■rrs _1Nmom o o 8" Gate Valve l" Water Service PRV Vault Fire Hydrant Assembly Air Vac 6" PVC Drain from Tank Pump House Pump House Appurtenances Water Tank (300k gal) Concrete Water Tank Appurtenances Water Treatment Building Water Treatment Appurtenances Water Treatment Pumps Connection to Exist Aspen Glen Settling Pond Intake Structure Sanitary' Sewer• *price includes trenching and finings and restraints where needed 8" SDR 35 Sewer Pipe 4' dia. Manhole Sewer Services 4" PE Sanitary Sewer Force Main Force Main Manhole Below grade lift station Concrete Encasement Shallow : Utslitres *price includes trenching and fittings Electric Utility Conduit & Wire Electric Vault/Manhole Telephone/ Cable Utility Cond&Wire Gas Utility rsceuarteous RevegetatefL.andscape Class I Ground Sign Sediment control fence Erosion and Sediment Control 24 Each 82 Each 2 Each 10 Each 2 Each 880 L.F. 1 Each 1 L.S. 1 L.S. 1 L.S. I L.S. 1 L.S. 1 L.S. L.S. 2 E.A. 5421 L.F. 23 Each 82 Each 9898 L.F.- 24 Each 2 Each 481 L.F. 8650 L.F. 26 Each 8650 L.F. 8650 L.F. 1 L.S. 7 Each .. '. 14854 L.F. .. 1 L.S... 675.00 1.000.00 16,500.00 2.500.00 3,000.00 20.00 10,000.00 20,000.00 450,000.00 17,000.00 160,000.00 230,000.00 80,000,00 4,000.00 2,000.00 16,200.00 82,000.00 33,000.00 25,000.00 6,000.00 17,600.00 10,000.00 20,000.00 450,000.00 17,000.00 160,000.00 230,000.00 80,000.00 4,000.00 4,000.00 32.00 173,472.00 4,000.00 92,000.00 600.00 - 49,200.00 12.00 118,776.00 5,000.00 120,000.00 65,000.00 130,000.00 30.00 14,430.00 20.00 600.00. 1.00 3.50 173,000.00 15,600.00 8,650.00 30,275.00 50,000.00 (50,000.00) 200.00 . 1,400.00 : - 1.00 .. '5,000.00 14,854.00 ~.. 5,000.00 10% Contingency SUB .TOTAL $6,234,231:67. 5623,423.17 TOTAL $6,857,654.84 This summary of probable constructionsost was prepared for estimating purposes only. High Count E' ry ngrneer ing, Inc. cannot be held responsible for variances from this estimate as actual costs may vary due to bid and market fluctuations. 017)9hEGISt..l • / °939 . %tl9pF• ..4-= !l 'Sctr'.:?;,. ` y I11\``� ITEM QUANTITY HCE JOB NO: 97042.04 kagprolapl ��ld9'7V9"6�T.cosoest. u y^, Grading aitd Ettltiv"o Earthwork Rock Excavation 4" Asphalt 2" Asphalt 12" Class 3 ABC 6" Class 6 ABC Boulder wall Stormy � airi ;* tI' 30" CMP 30" Flared End • 24" CMP 24" Flared End Guardrail CDOT Type 3 Revegetate/Landscape Class 1 Ground Sign 'Surveying/Construction Staking Soils Testing UNIT COST COST 1 L.S. 50 C.Y. 9352 S.Y. 12032 S.Y. 3150 C.Y. 1600 C.Y. 1600 S.F. 81 L.F. 2 Each 205 L.F. 8 Each 125,000.00 125,000.00 50.00 2,500.00 8.00 74,816.00 6.00 72,192.00 19.00 59,850.00 20.00 32,000.00 20.00 32,000.00 50.00 600.00 30.00 600.00 4,050.00 1,200.00 6,150.00 4,800.04 2658 L.F. 22.00 58,476.00 1 L.S. 5,000.00 5,000.00 15 Each 250.00 3,750.00 1 L.S. •.8,000.00 8,000.00 1 L.S. ` 8,000.00 ` 8,000.00 ' 10% Contingency Total Sub Total $497,784.00 $49,778.40 $547,562.40 This estimate of probable construction cost was prepared for estimating purposes only. High Country Engineering, Inc. cannot be held responsible for variances from this estimate, as actual costs may vary due to bid and market, fluctuations. • \•% 0STER ti (...1 U1 IN o (001� NMI Me 111 Q1— r -u MIN 0 01 Ao mo. D 01=0 00 Gradin ITEM HCE JOB NO: 97042.04 !c:'.raprodatsl file\4+19; 4121[ouest.+�62 UNIT QUANTITY COST ' COST andFEirrt wo=�q,W,4 Earthwork 1 L.S. 76,000.00 76,000.00 Rock Excavation 100 C.Y. 4" Asphalt (2 -Lifts), Class CX 50.00 5,000.00 1.5" Asphalt Overly Class CX 5,300 S.Y. 9.50 50,350.0(3 Y� 19,400 S.Y. 4.00 77,600.00 12" Class 1 ABC 1,750 C.Y. 19.00 33,250.00 6" Class 6 ABC • 880 C.Y. 20.00 17,600.00 Retaining Wall 3,600 S.F. 7.00 25,200.00 Median Curb & Gutter 100 L.F. 11.00 1,100.00 ornz 24" M P Vii+:al 24" Flared End 8' Concrete Box Culvert Relocate Inlets turd Traffic Signals Traffic Loops Pavement Striping Guardrail Type 3 '. Guardrail Type 4'.: Class I Ground Sign Traffic Control Raise Utilities ':=.:' = Revegetate/Landscape '. Surveying/Construction Staking Soils Testing • 263 L.F. 3 Each 440 L.F. 2 Each 32.00 8,416.00 400.00 1,200.00 350.00 154,000.00 1,000.00 2,000.00 1 L.S. 100,000.00 100,000.00 1 L.S. 13,000.00 -13,000.00 1 L.S. 10,000.00 ..10,000,00 1,800 L.F. 22.00 ' "39,600.00 . .1,150 ••L.F. .5000 •-.57,500.00 4 Each • ,.:25000 1,000.00 L.S." 35,000.00 .;.35,000.00 1 •.L.S. 1 L.S. 1 L.S. 1 L.S. 1.0,000.00 5,000.00 7,000.00 5,000.00 10,000.00 ' 5,000.00. • 7,000.00 5,000.00 10% Contingency Total Sub Total $614,316.04 561,431.60 $675, 747.60 ``,\\\\\}yt This estimate of probable construction cost was prepared for estimating purposes _= r;\�� £0 i t t t only. High Country Engineering, Inc. cannot be held responsible for variances =j< -'..0•,,..s:.\ ` :N Ii' . d,t�� from this estimate, as actual costs may vary due to bid and market fluctuations. - �n .' `u.. ;o -,— •i: ' ' 'fi0FcS4,:- June 17, 1999 ROSE RANCH P. U.D. PHASE 1 ENGD. ERS ESflTL-�TE OF PROBABLELANDSCAPING CONSTRUCTION COST ITEM QUANTITY COST COST COST •.Bjil�,$@+LD CTE �g '�`'=`-r;�: _-ate.,, Evergreen Trees (8' Average) Deciduous Trees (4" Caliper) 95 E`� A 500.00 47, 00.00 67Deciduous Trees (4" Caliper) 67 EA .00 31,825.00 1,825. 0 Irrigation 67 EA 475.00 31,325.00 4509 LF 1.25 5,636.25 HCE JOB N0: 97042.01 Wrenberg Property Buffer: Evergreen Trees (8 Average) 5' Berm 3 EA 475.00 36" ADS Pipe 1334 CY 6.00 Irrigation . 100 LF 35.00 800 LF 1.25 Phase I Revegetation Contigencv 10% Construction Cost Contineeiscv • 1,425.00 8,304.00 3,500.00 1,000,00 01 0 CD MIM MEMm 01 - r r- m N� • m mmmm • so mm o -u to m -- r°1. c -a. 0 CD SUB TOTAL 5131,015.250 — 5131,015.25 z 531-11 0 min TOTAL 5275,132.03 `��\ti‘‘til oar R • C �• t .�,. !l 1 1 1�, • \AN X % 33939„x: 1111111111111111111111111111111111111111111111111111111 569190 09/11/2000 05:05P B1206 P610 M ALSDORF 37 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO ROSE RANCH P.U.D.CART PATH UP RAVINE :SUMMARY,OF PROBABLE; CONSTRUCTIONCOST August 6, 1999 ITEM QUANTITY HCE JOB NO: 97042.05 k:\cgprodata\file\97\97042\costest.wb2 UNIT COST COST .Gradin' "and �Earthw�irk Mobilization Earthwork Rock Excavation Concrete Path Section Wood Path Section Abutments 6" Class 6 ABC 1 L.S. 1 L.S. 200 C.Y. 491 L.F. 1652 L.F. 14 E.A. 100 C.Y. 10% Contingency 20,000.00 20,000.00 100,000.00 100,000.00 50.00 10,000.00 60.00 29,460.00 350.00 578,200.00 5,000.00 70,000.00 30.00 3,000.00 Sub Total $810,660.00 $81,066.00 Total $891,726.00 This estimate of probable construction cost was prepared for estimating purposes only. High Country Engineering, Inc. cannot be held responsible for variances from this estimate, as actual costs may vary due to bid and market fluctuations. nn 309 i O • •c 1111111 11111 111111 11111 111111 111 1111111 111 11111 1111 1111 569190 09/11/2000 05:05P 61206 P611 M ALSDORF 38 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO Exhibit C (Certified Costs of Constructed Improvements) Subdivision Improve. Agree. Rose Ranch P.U.D. 13--Sep-99 Page 18 1111111 nisi uiiii iim Iola iii iiiini iii ilio ini mi 569190 09/11/2000 05:05P 81206 P612 M ALSDORF 39 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO Exhibit D (Rose Ranch Golf Clubhouse/Community Park) (Conceptual Site Plan) Subdivision Improve. Agree. Rose Ranch P.U.D. 13 -Sep -99 Page 19 IMMO 0. ROSE RANCH GOLF CLUBHOUSE' COMMUNITY PARK COM10EPNAL ME PLAN OAR F1ELI1l1JUNPY. CO WRAAO P s 'EfFuir ``1 11111111111111111111111111111 111 11111111111111111111111 569190 09/11/2000 06:05P B1206 P614 M ALSDORF 41 of 56 R 190.00 D 0.00 GARFIELD COUNTY CO Exhibit E (Worksheet for Road Impact Fees) Subdivision Improve. Agree. Rose Ranch P.U.D. 13 -Sep -99 Page 20 1 • 1111111111111111111111111111111111111111111111111111111 569190 09/11/2000 03:05P B1206 P615 M ALSDORF 42 of 55 R 190.00 0 0.00 GARFIELD COUNTY CO IMPACT FEE WORK SHEET INSTRUCTIONS A. Note the name of the project or fee payer on line 1 as well as the type of land use. B. Enter the road cost at the point of service on line 2. The road cost will be based on a Capital Improvements Plan adopted by the Board of County Comrnkcsioners. C. Enter the road capacity (expressed in Average Daily Trips [ADT}) at the point of service. This may be determined by the Special Report 109, Highway Capacity Manual (1994, Transportation Research Board). D. Calculate the base road cost per ADT at the point of service by dividing Line 2 by Line 3. Enter the result on Line 4. • • • 1111111 11111 111111 11111 IIIIII 111 1111111111 111111 111 1111 569190 09/11/2000 05:05P B1206 P616 M ALSDORF 43 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO E. Determine the ADT per Land Use from the ITE Trip Generation Manual or another credible source accepted by the Board and enter the result on Line 5. F. Calculate the Base Traffic impact Fee for the type of land use b multi t ADT per Land Use (Lute 5) by the Base Road Cost y P y the the result on Line 6. ADT (Line 4) and enter G. Calculate Tax Credits as follows: a. Enter the equivalent of 80% of the Road and Bridge property tax mill levy (for the type of land use) on Line 7. b. Enter the County Discount Rate (the rate of return the County receives from its investments) on Line 8. c. Enter the Road Design Life (in years) on Line 9. d. Enter the Present Worth Factor (PWF) on Line 10. The PWF for various combinations of Term and Discount Rates is found in the Appel. e. Calculate the Net Present Value of the tax credit by multiplying the Road & Bridge equivalent tax (Line 7) by the PWF (Line 10). Enter the result on Line 11. H. Calculate the UNADJUSTED ROAD IMPACT FEE by subtracting the tax credit (Line 11) from the Base Traffic Impact Fee (Line 6). Enter the results on Line 12. I. Calculate the INFLATION ADJUSTMENT as follows: a. On Line 13, enter Denver -Boulder Consumer Price Index (CPI) for the year the road cost estimate was prepared or the year the cost estimate is based. b. Enter the CPI for the year the impact fee is collected on Line 14. [If the current CPI is not available, use the average rate of change for the last three years to derive the current year index] c. Calculate the Inflation Factor by dividing the entry on Line 14 by the entry on line 13. Enter the Result on Line 15. J. Calculate the PRE -CONSTRUCTION INFLATION ADJUSTMENT IMPACT FEE by multiplying the Unadjusted Road Impact Fee (Line 12) by the Inflation Factor (Line 15). Enter the result on Line 16. Note: This adjustment is not necessary if the construction cost estimate is determined the same year as the fee is collected. E'. 4 • A • 11111111111111111111111111111011111111 111 111111 III 1111 569190 09/11/2000 05:05P 61206 P617 M ALSDORF 44 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO { K Calculate the POST-CONSt nc,�; ;�r,- a. Enter the County's Discount or Investment Rate on Line 17. If the road constivction was financed, derive the financed rate from the debt repayment schedule prepared for the financing and substitute the derived rate for the Discount Rate. b. Enter the number of years since the road was constructed on Line 18. c. Determine the Compound Interest Multiplier from Appendix A Enter this multiplier on Line 19. In the case of debt financing, enter the imputed multiplier from the debt service schedule prepared for the finance instrument. d. .Calculate the POST -CONSTRUCTION ADJUSTED IMPACT FEE by multiplying the UNADJUSTED ROAD IMPACT FEE (Line 12) by the Compound Interest Multiplier (or imputed finance multiplier) from Line 19. Enter the result on Line 20. ROAD IMPACT FEE CALCULATION WORK SHEET 1. Project/Land Use 2. Base road cost to point of service S 3. Road Capacity to Point of Service (in ADT) ADT 4. Base Road Cost per ADT to Point of Service $ 5. ADT per Land Use ADT 6- Base Traffic Impact Fee per Land Use S TAX CBE DITS 7. 80% of Annual Road & Bridge Property Tax per Land Uses $ 8. County Discount Rate S 9. Road Design Life (Years) Years 10. Present Worth Factor (PWF - from appendix A) 11. Tax Credits = Property tax equivalent x PWF S P. CI 1 111111 11111 111111 11111 111111 111 1111111 11i 111111 iii 1111 569190 09/11/2000 05:05P B1206 P618 M ALSDORF 45 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO _I ` 12. UNADJUSTED ROAD IMPACT FEE per Land Use $ (Bane 13. Denver -Boulder CPI Year of Cost Estimate 14. Denver -Boulder CPI Year of Impact Fee Calculation 15. Inflation Factor (CPI for Collection Year/CPI of Year of Cost Estimate) 16. PRE -CONSTRUCTION INFLATION ADJUSTED ROAD IMPACT FEE POST -CONSTRUCTION COST ADJUSTMENT 17. Discount Rate or Finance Rate 18. Term (Years) Years 19. Compound Interest Multiplier 20. POST -CONSTRUCTION ADJUSTED ROAD IMPACT FEE S 1111111111111111111111111111111111111111111111111111111 569190 09/11/2000 05:05P B1206 P619 M ALSDORF 46 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO Exhibit F (Notice Regarding Building Permit Restrictions) Subdivision Improve. Agree. Rose Ranch P.U.D. 13 -Sep -99 Page 21 MEM CZ NOTICE REGARDING BUILDING PERMIITS 0 0 In � a z TO: All purchasers of Homesites within Please of the Rose Ranch P.U.D. 0 mi.c3 40 0 YOU ARE HEREBY NOTIFIED, that under applicable Garfield County regulation you 11 � w may not commence construction of a residence within unicorporated Garfield County, including_ .rN it Phase 1 of the Rose Ranch P.U.D ("Property"), prior to issuance of a building permit by Garfield mmm c County. Under the terms of the Subdivision Improvements Agreement between Garfield County mmigh- m and Roaring Fork Investments, LLC ("RFI") and the subdivision approvals issued for the Rose in s Ranch P.U.D., Garfield County will not issue building permits for the Property until: mm 6'13 ii ea ea 1. The Roaring Fork Water and Sanitation District ("District") has included included �� is; the Property within the boundaries of the District pursuant to the provisions of the Preinclusion �.. Et Agreement between the Distrit and RFI, a copy of which has been recorded in the records of the m g, Clerk and Recorder for Garfield County, Colorado on , 1999 at Book , Page and � Reception No. 1,4 o � WI 2. There is a demonstration which satisfies the Carbondale & Rural Fire Protection District that there is adequate water available to the construction site for the Fire District's purposes a such site and all applicable Fire District fees have been paid to the District. Additionally, Garfield County shall issue not Building Permits for structures within the Property until such time as the owner thereof: a. pays to the County a fee in the amount of $750.00 to be reimbursed by the County to the Roaring Fork Transit Authority (RAFTA) for the provision by RAFTA of public transit facilities and services: and b. pays to the County a fee in the amount of to be reimbursed by the County to the Carbondale & Rural Fire Protection District ("Fire District") for the provision by the Fire District of fire protection services. Additionally, Garfield County shall issue no Certificates of Occupancy for structures within the Property until all subdivision improvements, including all appropriate water and sewer facilities, have been completed and are operational in accordance with the Subdivision Improvements Agreement. Building Permit Declaration ROARING FORK INVESTMENTS, LLC a Colorado Limited Liability Company By Ronald R. Heggmeier, Manager The foregoing was read and understood by the undersigned Purchaser of a Homesite within the Property. By Homeowner Homeowner 111111111111111111111111111111111111111111111111 III 1111 569190 09/11/2000 05:05P B1206 P622 M ALSDORF 49 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO Exhibit G (Occupancy Deed Restriction) Subdivision Improve. Agree. Rose Ranch P.U.D. 13 -Sep -99 Page 22 1111111 11111 111111 11111 11111111111111111111111111111111 569190 09/11/2000 05:05P B1206 P623 M ALSDORF 50 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO Upon recording return to: Roaring Fork Investments, LLC c/o Timothy A. Thulson P.O. Box 790 Glenwood Springs, CO 81602 OCCUPANCY DEED RESTRICTION AND AGREEMENT FOR THE ROSE RANCH AFFORDABLE DWELLING UNITS THIS AGREEMENT is made and entered into this day of , 200_, by Roaring Fork Investments, LLC ("Roaring Fork"), a Colorado Limited Liability Company, whose address is 19563 East Mainstreet, Suite 200 Parker, Colorado 80138 and the Garfield County Housing Authority ("Authority"), a duly formed housing authority and political subdivision of the State of Colorado, organized and existing under Colo. Rev. Stat. §§ 29-4-501 et. seq. WITNESSETH WHEREAS, Owner owns that real property ("Real Property") located in Garfield County, Colorado and more particularly described on Exhibit A, attached herewith and incorporated herein by this reference; and WHEREAS, the Real Property is located, in its entirety, within the Rose Ranch P.U.D., a planned unit development approved and established by the Board of County Commissioners under Resolution No. 98-80, recorded in the records of the Clerk and Recorder for Garfield County, Colorado on September 9, 1998 at Book 1087, Page 862 and Reception No. 531935, and Resolution No. 99-067, recorded in the records of the Clerk and Recorder for Garfield County, Colorado on June 8, 1999 at Book 1133, Page 911 and Reception No. 546856; and WHEREAS, in accordance with the provisions and requirements of the resolutions of approval above identified, Owner has constructed upon the Real Property an apartment building within which is contained ( ) dwelling units ("Affordable Dwelling Units"). For purposes of this Agreement, the Affordable Dwelling Units, the Real Property and all appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to as the "Property"; and WHEREAS, this Agreement imposes certain covenants upon the Property which restrict the use and occupancy of the Affordable Dwelling Units to those persons meeting the eligibility qualifications presently set forth within the Garfield County Affordable Housing Regulations as contained within Section 4.07.14(1) of the Garfield County Zoning Resolution of 1978, as Affordable Dwelling Unit Deed Restriction Rose Ranch P.U.D. 1 3 -Sep -99 Page 1 1111111 11111 111111 11111 111111 111 1111111 111 111111 111 1111 569190 09/11/2000 05:05P B1206 P624 M ALSDORF 51 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO amended, and the Garfield County Affordable Housing Guidelines. NOW THEREFORE, in consideration of the mutual promises, covenants and obligations contained herein, Owner hereby covenants and agrees as follows: 1. The Affordable Dwelling Units shall at all times remain available for rent as rental units and shall not be condominiumized. 2. The use and occupancy of the Affordable Dwelling Units shall henceforth be limited exclusively to housing for persons who: a. reside full-time and/or are or will be employed in Garfield County, Colorado; and b. occupy the Affordable Dwelling Unit as his/her primary residence; and c. have a current household net worth, minus qualified retirement assets, not in excess of one hundred thousand dollars ($100,000.00). 3. The Affordable Housing Units shall be rented pursuant to written lease ("Lease") which shall incorporate the following provisions: a. Qualification. Each prospective tenant shall be required provide satisfactory proof to the Authority, that he/she qualifies for eligibility under the Garfield County Affordable Housing Regulations and the Garfield County Affordable Housing Guidelines. Upon request by the Authority, prospective tenants may be required in this regard to provide any or all of the following documentation: i. Federal income tax returns for the last year. ii. A current financial statement, in a form acceptable to the Authority, verified by the prospective tenant to be true and correct. iii Employment verification or offer of employment including but not limited to the following: wage stubs, employer name, address and/or telephone number. iv. Landlord verification of proof of residency, vehicle registration, voter registration and/or I.N.S. Form 1-9 (Employment Eligibility Verification). v. Divorce/support decrees and/or banking statements. Affordable Dwelling Unit Deed Restriction Rose Ranch P. U.D. I 3 -Sep -99 Page 2 111111111111111111111111111111111111111111 1111111111111 569190 09/11/2000 05:05P B1206 P625 M ALSDORF 52 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO b. Requalification. Each tenant shall be required as a condition of his/her tenancy, to annually provide satisfactory proof to the Authority that he/she qualifies for eligibility under the Garfield County Affordable Housing Regulations and that the tenant may in this regard be required to provide to the Authority any or all of the documentation described in Paragraph 3.b, above. c. Term. The minimum rental term (tenancy) shall be six (6) months. d. Rent. The Affordable Dwelling Units may be leased for any combination of rental rates, so long as: i. The average of the total rents charged do not exceed that which would be paid by a tenant earning 80% of the Area Median Income ("AMI") for Garfield County, Colorado, as determined yearly by the United States Department of Housing and Urban Development, who spends 30% of his/her income for rent; and ii. The maximum rent charged for any single unit does not exceed that which would be paid by a tenant earning 100% of the AMI who 30% of his/her income for rent. The rent to be charged each unit, as determined above, shall be inclusive of all utility charges applicable to such unit. e. Authority Enforcement. The Authority shall have the right, concomitant with Owner, to take all steps necessary to enforce against each tenant all the conditions of this Agreement, the Lease, the Garfield County Affordable Housing Regulations and the Garfield County Affordable Housing Guidelines including, but not limited to, the filing and prosecution of actions for abatement, injunction or eviction under the Forcible Entry and Detainer Act, Colo. Rev. Stat. §§ 13-40-101 et. seq. 4. Owner shall at all times maintain the Property in a state of good repair and shall deliver to the Authority the following insurance policies or evidence thereof: a. a builder's risk insurance policy during the period of construction of the Affordable Dwelling Units and fire and extended coverage thereafter, covering such units and appurtenant improvements at their replacement value; and b. liability in the minimum amount of one million dollars ($1,000,000.00), under which policy the housing authority shall be named as an additional insured. Affordable Dwelling Unit Deed Restriction Rose Ranch P. U.D. 13 -Sep -99 Page 3 1111111 11111 1111111111111111111 1111111 111111 569190 09/11/2000 05:05P 61206 P626 M ALSDORF 33 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO Each of the above described insurance policies shall include a stipulation that coverage will not be diminished or canceled without at least (30) days prior written notice to the Authority. 5. Owner shall at all times maintain Affordable Dwelling Units available for rent to persons eligible under the Garfield County Affordable Housing Regulations and Garfield County Affordable Housing Guidelines. Upon the vacancy of an Affordable Dwelling Unit, Owner shall have forty-five (45) days in which to locate an eligible tenant and to qualify him/her with the Authority. If an eligible tenant is not placed within the vacant unit during this time by Owner, Owner shall rent the unit an eligible tenant placed by the Authority. 6. Affordable Dwelling Units shall not be occupied by the Owner or members of the Owner's immediate family nor shall any unit be used as a guest house or guest facility. For purposes of this Paragraph 7, "immediate family" shall mean a person related by blood -- first cousin or closer relative -- or marriage. 7. This terms and provisions of this Agreement may be removed or amended only with the approval of the Board of County Commissioners for Garfield County, Colorado. Unless modified as such, this Agreement shall constitute covenants running with the Property as a burden thereon and shall be specifically enforceable by, the Authority, the Board of County Commissioners for Garfield County, Colorado, and their respective successors, as applicable, by any appropriate legal action including, but not limited to, injunction, abatement, or eviction of non-qualified tenants. Affordable Dwelling Unit Deed Restriction Rose Ranch P. U.D. 13 -Sep -99 Page 4 1 111111 11111 111111 11111 111111 111 1111111111 1111111 111111 569190 09/11/2000 05:05P B1206 P627 M ALSDORF 54 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO IN WITNESS HEREOF, the parties hereto have executed this instrument this date and year above first written. Roaring Fork Investments, LLC a Colorado Limited Liability Company The Garfield County Housing Authority By By Ronald R.Heggemeier, Manager Chairperson 19563 East Mainstreet, Suite 200 Parker, Colorado 80138 (303)841-8072 By Secretary STATE OF COLORADO ) ) ) The foregoing instrument was acknowledged before me this day of , 2000, by Ronald R. Heggmeier, Manager for Roaring Fork Investments, LLC, a Colorado Limited Liability Company and by , Chairman for the Garfield County Housing Authority. WITNESS MY HAND AND OFFICIAL SEAL Notary Public My Commission expires Affordable Dwelling Unit Deed Restriction Rose Ranch P.U.D. l3 -Sep -99 Page 5 1111111111111111111111111111111111111111111111111111111 569190 09/11/2000 05:05P 81206 P628 N ALSDORF 55 of 55 R 190.00 D 0.00 GARFIELD COUNTY CO EXHIBIT A (Property Legal Description) Affordable Dwelling Unit Deed Restriction Rose Ranch P. U.D. 13 -Sep -99 Page 6