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HomeMy WebLinkAbout1.00 General Application MaterialsProperty Address: TBD County Road 109 Carbondale, CO Order Number: 2020-08-154 Buyer Buyer Agent CEI Acquisitions LLC Coldwell Banker Mason Morse Delivery via: Secure Electronic Mail Patty Brendlinger (970) 704-3222 Delivery via: Secure Electronic Mail Seller Listing Agent Aspen Glen Golf Company Coldwell Banker Mason Morse Delivery via: Secure Electronic Mail Nancy Emerson Teresa Fink Balcomb & Green Rita Brooks Delivery via: Secure Electronic Mail Johnryan Flynn Delivery via: Secure Electronic Mail Closing Contacts Rifle Branch:Closing Contacts Glenwood Branch: Denna Conwell Linda Gabossi 970.623.7505 970.947.0900 denna@cwtrifle.com linda@cwtrifle.com Connie Robertson 970-623-7506 connie@cwtrifle.com This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. COMMITMENT FOR TITLE INSURANCE ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Commonwealth Land Title Insurance Company, a Florida Corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 180 days after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS (a) “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) “Title”: The estate or interest described in Schedule A. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 2.If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3.The Company’s liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I—Requirements; and (f) Schedule B, Part II—Exceptions; and (g) a counter-signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (i) comply with the Schedule B, Part I—Requirements; (ii) eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (g) In any event, the Company’s liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9.ARBITRATION The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org/arbitration. Countersigned: Patrick P. Burwell Commonwealth Title Company 1322 Grand Avenue Glenwood Springs, CO 81601 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Transaction Identification Data for reference only: Issuing Agent: Commonwealth Title Company Issuing Office: 1322 Grand Avenue, Glenwood Springs, CO 81601 ALTA® Universal ID: 1038730 Loan ID Number: Issuing Office File Number: 2020-08-154 Commitment Number: 2020-08-154 Revision Number: 1 Property Address: TBD County Road 109, Carbondale, CO 81623 SCHEDULE A 1. Commitment Date: 12/02/2022 at 8:00 AM 2. Policy to be issued: (a) ALTA Owner's Policy $1,900,000.00 PROPOSED INSURED:CEI Acquisitions LLC, a Delaware limited liability company 3. The estate or interest in the Land described or referred to in this Commitment is: fee simple. 4. Title to the fee simple estate or interest in the Land is at the Commitment Date vested in: Aspen Glen Golf Company, a Colorado limited partnership 5. The Land is described as follows: Property description set forth in “Exhibit A” attached hereto and made a part hereof. COMMONWEALTH LAND TITLE INSURANCE COMPANY By: Patrick P. Burwell, License #: 153719 Authorized Signatory This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. SCHEDULE B, PART I Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 4. Pay the premiums, fees, and charges for the Policy to the Company as set forth below: Owner's Policy Standard Coverage: $3,715.00 Additional Parcel Charge: $250.00 Owner's Extended Coverage: $75.00 Tax Certificate(s): $50.00 5. Duly authorized and executed Deed from Aspen Glen Golf Company, a Colorado limited partnership, to CEI Acquisitions LLC, a Delaware limited liability company, to be executed and recorded at closing. Vesting deed recorded on November 8, 1994 as Instrument #470710 in the official records 6. Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on-the- ground inspection by a registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all improvements, fences, easements, roads, rights-of-way and encroachments or other matters identified in Schedule B - Section 2 of this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute 38-51-102(9), as amended, for an Improvement Survey Plat. 7. Per Statement of Authority recorded on March 18, 2021 as Instrument #952466 in the official records the person(s) authorized to execute instruments conveying, encumbering or otherwise affecting title to real property is Ingrid Keiser on behalf of Aspen Glen Golf Company, a Colorado limited partnership. 8. Receipt of a copy of the Partnership Agreement for Aspen Glen Golf Company, a Colorado limited partnership. 9. Receipt of satisfactory approval from Commonwealth Land Title Insurance Company for the issuance of the policy described herein. 10. Execution of a Final Affidavit and Agreement indemnifying the Company against unfiled mechanic's and materialmen's liens. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 2. Easements, or claims of easements, not shown by the public records. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 3. Discrepancies, conflicts in boundary lines, shortage of area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. Note: This Exception will be deleted upon receipt of Final Affidavits and Agreements indemnifying the Company against unfiled mechanic's and materialmen's liens. 5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attached, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I—Requirements are met. Note: This Exception will be deleted on the final policy if Commonwealth Title Company of Garfield County, Inc. closes the proposed transaction and records the applicable instruments of conveyance. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. Note: This exception will be modified in the final policy to reflect only those taxes and assessments that are a lien, but not yet due and payable. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded on January 19, 1895 as Instrument #18106 in the official records , on May 4, 1956 as Instrument #193886 in the official records , 10. Easement and right of way as described in document recorded on October 19, 1961 as Instrument #215449 in the official records This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 11. Terms and conditions set forth in Agreement recorded on July 5, 1994 as Instrument #465436 in the official records 12. Terms, conditions and all matters set forth in Resolution recorded on June 29, 1992 as Instrument #436262 in the official records 13. Terms, conditions and all matters set forth in Resolution recorded on December 28, 1993 as Instrument #457154 in the official records 14. Terms, conditions and all matters set forth in Resolution recorded on February 2, 1994 as Instrument #458796 in the official records 15. Terms, conditions and all matters set forth in Resolution recorded on August 9, 1994 as Instrument #466955 in the official records 16. Terms, conditions and all matters set forth in Resolution recorded on December 13, 1994 as Instrument #472058 in the official records 17. Terms and conditions set forth in Agreement recorded on September 16, 1993 as Instrument #452560 in the official records 18. Terms and conditions set forth in Agreement recorded on June 29, 1992 as Instrument #436263 in the official records 19. Terms and conditions set forth in Agreement recorded on August 19, 1994 as Instrument #467450 in the official records 20. Terms and conditions set forth in Agreement recorded on August 19, 1994 as Instrument #467451 in the official records 21. Terms and conditions set forth in Agreement recorded on June 29, 1992 as Instrument #436263 in the official records 22. Terms, conditions and all matters set forth in Resolution recorded on February 9, 1996 as Instrument #488797 in the official records 23. Terms, conditions and all matters set forth in Resolution recorded on February 9, 1996 as Instrument #488978 in the official records 24. Terms, conditions and all matters set forth in Resolution recorded on August 20, 1997 as Instrument #512523 in the official records 25. Terms, conditions and all matters set forth in Site Specific Development Plan, Vested Property Rights Agreement and Subdivision Improvements Agreement recorded on April 6, 1995 as Instrument #476329 in the official records as amended in instrument recorded on July 11, 1996 as Instrument #495608 in the official records 26. Terms and conditions set forth in Agreement recorded on April 6, 1995 as Instrument #476327 in the official records This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 27. Covenants, conditions, restrictions, which do not contain a forfeiture or reverter clause, but omitting restrictions, if any, based on race, color, religion, or national origin, and all matters set forth in Declaration recorded on March 23, 2007 as Instrument #719512 in the official records 28. Easements, rights of way, plat notes and all matters described and set forth on the Plat recorded on April 6, 1995 as Instrument #476330 in the official records 29. Terms, conditions and all matters set forth in Resolution recorded on December 13, 1994 as Instrument #472058 in the official records 30. Easement and right of way as described in document recorded on April 30, 1996 as Instrument #492247 in the official records 31. Covenants, conditions, restrictions, which do not contain a forfeiture or reverter clause, but omitting restrictions, if any, based on race, color, religion, or national origin, and all matters set forth in Declaration recorded on November 5, 2020 as Instrument #944700 in the official records as amended in instrument recorded on September 8, 2021 as Instrument #962780 in the official records . This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. EXHIBIT A Property Description Issuing Office File No.: 2020-08-154 A tract of land situate in Lot 23 of Section 12, Lots 3, 4, 5, 8, 9, 10, 12, 13, 14, 15 and 16 of Section 13, Lots 1 and 2 of Section 24, all in Township 7 South, Range 89 West, and Lots 1, 8, 9 and 17 of Section 19, Township 7 South, Range 88 West of the 6th Principal Meridian being more particularly described as follows: Beginning at the N1/4 corner of said Section 13; thence, N00º11'14"W 198.54 feet along the west line of said Lot 23 of Section 12 to the westerly right-of-way line of County Road 109; thence along the westerly right-of-way line of County Road 109 the following courses: thence, S13º28'04"E 297.83 feet; thence, S09º05'41"E 567.76 feet; thence S17º42'56"E 744.93 feet; thence, S40º03'42"E 183.48 feet; thence, S32º40'06"E 479.34 feet; thence S20º26'02"E 555.76 feet; thence 548.33 feet along the arc of a 5347.84 feet radius curve to the left, having a central angle of 5º52'29" and subtending a chord bearing S23º22'17"E 548.09 feet; thence, S26º18'31"E 854.10 feet; thence 231.08 feet along the arc of a 670.33 feet radius curve to the right, having a central angle of 19º45'06" and subtending a chord bearing S16º25'58"E 229.94 feet; thence S06º33'24"E 156.75 feet; thence 563.18 feet along the arc of a 1695.67 feet radius curve to the left, having a central angle of 19º01'46" and subtending a chord bearing S16º04'17"E 560.59 feet; thence, S20º41'20"E 13.75 feet; thence, S29º02'45"E 372.01 feet; thence S29º19'46"E 503.37 feet; thence S32º15'50"E 41.64 feet; thence S34º46'46"E 656.82 feet; thence S46º01'35"E 50.02 feet; thence S57º35'29"E 486.06 feet; thence S57º36'01"E 513.49 feet; thence leaving said westerly right-of-way line of County Road 109, N81º57'00"W 935.60 feet; thence, N78º07'04"W 1324.40 feet to a point on the westerly line of said Lot 2 of Section 24; thence N00º41'21"E 818.59 feet along the west line of said Lot 2 to the southeast corner of Lot 14 of said Section 13; thence S89º05'51"W 1302.51 feet along the south line of said Lot 14 to the southwest corner of said Lot 14; thence N00º10'18"E 5330.06 feet along the west line of said Lot 14, Lot 13, Lot 4 and Lot 3 of said Section 13 to the Point of Beginning. County of Garfield Water No.Item/Description Qty. Unit 2023 Price/Unit Total Price 1 8" DIP Restrained Joint Waterline 6300 LF $110.00 $693,000.00 2 8" Gate Valve 6 Ea. $1,750.00 $10,500.00 3 8" 90° Bend 4 Ea. $1,100.00 $4,400.00 4 8" 45° Bend 1 Ea. $1,000.00 $1,000.00 5 8" 22.5° Bend 4 Ea. $900.00 $3,600.00 6 8" 11.25° Bend 4 Ea. $800.00 $3,200.00 7 8" Tee 6 Ea. $1,300.00 $7,800.00 8 10" DIP Restrained Joint Waterline 20 LF $150.00 $3,000.00 9 10" Cross 1 Ea. $2,000.00 $2,000.00 10 10" Gate Valve 2 Ea. $2,750.00 $5,500.00 11 6"x 8" Reducer 1 Ea. $1,100.00 $1,100.00 12 1" Water Service 21 Ea. $1,200.00 $25,200.00 13 Fire Hydrant Assembly (complete)16 Ea. $7,100.00 $113,600.00 14 Waterline Insulation 12 Ea. $450.00 $5,400.00 15 Polyethylene Tube Encasement 6320 LF $2.00 $12,640.00 $891,940.00 No. Item/Description Qty. Unit 1 15" CMP 490 LF 80.00$ $39,200.00 2 18" CMP 710 LF $90.00 $63,900.00 3 24" CMP 100 LF $110.00 $11,000.00 4 15" End Section 4 Ea. $500.00 $2,000.00 5 18" End Section 4 Ea. $700.00 $2,800.00 6 24" End Section 5 Ea. $900.00 $4,500.00 7 Drainage Inlet 20 Ea. $5,750.00 $115,000.00 8 Perimeter Sediment Control (Log/Silt Fence)7700 LF $5.00 $38,500.00 9 Straw Bale Inlet Protection 20 Ea. $150.00 $3,000.00 10 Debris Barriers (ring nets)18 Ea. $110,000.00 $1,980,000.00 11 Debris Berms (Fill w/ 15% shrink)13300 CY $15.00 $199,500.00 $2,459,400.00 No. Item/Description Qty. Unit 1 Aggregate Base Course (4" Class 6) Road 2400 Tons $55.00 $132,000.00 2 Aggregate Base Course (8" Class 2) Road 5250 Tons $45.00 $236,250.00 3 Asphalt (5" )2960 Tons $150.00 $444,000.00 $812,250.00 No. Item/Description Qty. Unit 1 Aggregate Base Course (8" Class 6) Road 1360 Tons $55.00 $74,800.00 2 Aggregate Base Course (8" Class 2) Road 2300 Tons $45.00 $103,500.00 3 Asphalt (5")1320 Tons $150.00 $198,000.00 $376,300.00 Water - Total South Reserve Road Drainage North Reserve Road/Entrance Way Exhibit B Drainage - Total North Reserve Road - Sub-Total South Reserve Road - Sub-Total Aspen Glen - The Reserve 21 Lot Project-wide Subdivision Improvements November 20, 2023 Preliminary Engineer's Opinion of Probable Cost* No. Item/Description Qty. Unit 1 Clearing & Grubbing 14 Ac $2,000.00 $28,000.00 2 Earthworks (Cut)16600 CY $14.00 $232,400.00 3 Earthworks (Fill w/ 15% shrink)500 CY $15.00 $7,500.00 4 Topsoil (4"+/-) Strip,stockpile and replace 3700 CY $35.00 $129,500.00 5 27" Mountable Curb & Gutter 11400 LF $50.00 $570,000.00 6 Subgrade Preparation 18000 SY $2.00 $36,000.00 7 Traffic Control 1 LS $10,000.00 $10,000.00 8 Geotextile (Mirafi 500x)16200 SY $4.00 $64,800.00 9 Geogrid (Tensar TX5)16200 SY $6.00 $97,200.00 10 Mobilization 1 LS 40,000$ $40,000.00 $1,215,400.00 No. Item/Description Qty. Unit 1 Aggregate Base Course (12" Class 6) Bike Path 450 Tons $55.00 $24,750.00 2 Geotextile (Mirafi 500x)750 SY $4.00 $3,000.00 3 Asphalt (4" )1880 Tons $150.00 $282,000.00 $309,750.00 No. Item/Description Qty. Unit 1 8" Restrained Joint Sanitary Sewer 7250 LF $105.00 $761,250.00 2 Sanitary Sewer Manhole 4'25 Ea. $5,000.00 $125,000.00 3 Sanitary Sewer Service (Restrained Joint w Cleanout)21 Ea. $2,200.00 $46,200.00 $932,450.00 No. Item/Description Qty. Unit 1 Ground Signs (Class 1)3 Ea $900.00 $2,700.00 2 Underground Electric 5700 LF $30.00 $171,000.00 3 Gas 5500 LF $20.00 $110,000.00 4 Underground Telephone line 5500 LF $14.00 $77,000.00 5 Cable 4800 LF $11.00 $52,800.00 6 48" Deep Utility Trench 5700 LF $20.00 $114,000.00 7 Transformers 11 Ea $4,800.00 $52,800.00 8 Seeding & Mulching 20 Ac $3,750.00 $75,000.00 $655,300.00 $891,940.00 $2,459,400.00 North Reserve Road - Sub-Total $812,250.00 $376,300.00 Roads Total $1,215,400.00 Bike Path - Total $309,750.00 $932,450.00 $655,300.00 $7,652,790.00 $765,279.00 $8,418,069.00 adjusted for the anticipated conditions of this project. Actual costs may vary due to market conditions, unforeseen circumstances, changes in the schematic design, etc. Contingency for Mobilization, Overhead, General Conditions, Administration, etc. *Estimate to be refined at Final Plat to correspond to SIA, approved plans and phasing. Sewer - Total Total Estimated Cost Note: This estimate represents an engineering opinion based upon historical information Miscellaneous/Utilities - Total Cost Summary Water - Total Drainage - Total South Reserve Road - Sub-Total Sewer - Total Miscellaneous/Utilities Miscellaneous/Utilities - Total Totals 10 % Contingency Roads (Composite Items) - Total Sewer Bike Path Bike Path - Total Roads (Composite Items) PRELIMINARY GEOTECHNICAL ENGINEERING REPORT ASPEN GLEN - THE RESERVE COUNTY ROAD 109 GARFIELD COUNTY, COLORADO October 13, 2023 Prepared By: PO Box 1080 Silt, CO 81652 Prepared For: Mr. Dash Stetham Cypress Equity Investments 2150 W. 29th Ave., Suite 500 Denver, CO 80211 Project No. 23-030R-G1 Aspen Glen - The Reserve Project No. 23-030R-G1 Garfield County, Colorado i TABLE OF CONTENTS 1.0 PROJECT INFORMATION .................................................................................. 1 1.1 Purpose and Scope .................................................................................. 1 1.2 Proposed Construction ............................................................................. 1 1.3 Site Conditions ......................................................................................... 1 1.4 Site Geology ............................................................................................ 2 2.0 PREVIOUS INVESTIGATIONS ........................................................................... 3 2.1 Previous Investigations by Others ............................................................ 3 2.2 Subsurface Conditions ............................................................................. 4 2.2.1 Groundwater ........................................................................................ 6 3.0 GEOHAZARDS ................................................................................................... 6 3.1 Collapsible Soils ....................................................................................... 6 3.2 Sink Hole and Depressions ...................................................................... 7 3.3 Slope Instability ........................................................................................ 7 3.4 Rockfall .................................................................................................... 7 3.5 Debris Flows ............................................................................................ 9 4.0 SITE GRADING ................................................................................................. 10 5.0 FOUNDATIONS ................................................................................................ 10 6.0 PAVEMENTS .................................................................................................... 10 7.0 UTILITIES .......................................................................................................... 11 8.0 SURFACE DRAINAGE ...................................................................................... 11 9.0 CONCRETE ...................................................................................................... 12 10.0 LIMITATIONS .................................................................................................... 12 LIST OF APPENDICES Appendix A – Test Hole/Drill Logs from Previous Investigations Aspen Glen - The Reserve Project No. 23-030R-G1 Garfield County, Colorado 1 1.0 PROJECT INFORMATION 1.1 Purpose and Scope This report presents the results of our preliminary geotechnical engineering report and recommendations for the residential development at Aspen Glen - The Reserve in Garfield County, Colorado (Figure 1). The report was prepared to provide preliminary foundation, site grading, utility installation, roadway grading and general construction recommendations for development at the referenced site. The site investigation consisted of geologic reconnaissance and review of previous investigations. Additional subsurface investigations were not performed within this scope. This report summarizes our conclusions and recommendations based on the proposed construction, site reconnaissance, and review of previous reports. 1.2 Proposed Construction Based on the preliminary plans provided by SGM, 21 single-family lots are planned at the site (Figure 1). The lots appear to be planned at about 2 acres. An access drive to the lots is also planned. Grading plans were not available at the time of this investigation. 1.3 Site Conditions The site is located on the west side of County Road 109 in Garfield County, Colorado as shown in Figure 1. The site slopes up to the west at grades of relatively flat to over 100 percent in the cliffs above the site. An existing water tank is in the northern portion of the site behind Lot 4. Existing vegetation included natural brush, trees and grasses. Aspen Glen - The Reserve Project No. 23-030R-G1 Garfield County, Colorado 2 Figure 1 –Project Site Location 1.4 Site Geology We reviewed the Geologic Map of the Cattle Creek Quadrangle, Garfield County, Colorado, Open File Report 14-14, Plate 1 of 2. Figure 2 shows this geologic map with the approximate site location and proposed lot locations. The lower portion of the site where the lots are proposed is mapped as younger colluvial deposits (map symbol Qc) consisting of poorly sorted sand, silt, and gravel in a sandy silt or silty sand matrix. Older colluvial deposits (map symbol Qco) are mapped on the slopes above the proposed lot locations within select drainages. Bedrock below the site consists of Pennsylvanian-age Eagle Valley Formation (map symbol Pe) and Eagle Valley Evaporite (map symbol Pee). The Eagle Valley Evaporite underlies the lower portion of the site and the proposed lot locations. The formation consists of siltstone with some interbedded gypsum and dolomite. The Eagle Valley Formation contains beds of gypsum and Aspen Glen - The Reserve Project No. 23-030R-G1 Garfield County, Colorado 3 anhydrite. The Eagle Valley Formation outcrops in the upper portion of the site forming small cliffs. Both formations contain minerals that are susceptible to water dissolution forming sink holes. Several sink holes are mapped east of this site across the Roaring Fork River. Figure 2 – Geologic Map 2.0 PREVIOUS INVESTIGATIONS 2.1 Previous Investigations by Others We were provided with the following geotechnical investigations for preparation of this report: Preliminary Geotechnical Engineering Study, Proposed Aspen Glen Development, Along the Roaring Fork River Between Glenwood Springs and Carbondale, Garfield County, Colorado by Chen Northern, Inc., Job No. 4 112 92, December 20, 1991. Debris Flow Hazard Evaluation for West Side Drainage Basins, Aspen Glen Development Project, Garfield County, Colorado by Chen Northern, Inc., Job No. 4 112 92, May 11, 1993. Geotechnical Engineering Study for Preliminary Plat Design, Proposed Aspen Glen Development, Garfield County, Colorado by Chen Northern, Inc., Job No. 14 112 92, May 28, 1993. Preliminary Debris Flow Mitigation Study, The Reserve at Aspen Glen, Garfield County, Colorado by HP Geotech, Job No. 101 171, April 15, 2005. Aspen Glen - The Reserve Project No. 23-030R-G1 Garfield County, Colorado 4 Preliminary Geotechnical Investigation, Aspen Glen, The Reserve, Lots 1 through 29, Garfield County, Colorado by Yeh & Associates, Inc., Project No. 27-073, May 1, 2007. Subsoil Study for Foundation Design, Proposed Residence, Lot 1, Phase 1, The Reserve at Aspen Glen, Garfield County, Colorado by HP Geotech, Job No. 101 171-1, September 17, 2001. Subsoil Study for Foundation Design, Proposed Residence, Lot 2, Phase 1, The Reserve at Aspen Glen, Garfield County, Colorado by HP Geotech, Job No. 101 171-1, September 28, 2001. Subsoil Study for Foundation Design, Proposed Residence, Lot 3, Phase 1, The Reserve at Aspen Glen, Garfield County, Colorado by HP Geotech, Job No. 101 171-1, October 5, 2001. Subsoil Study for Foundation Design, Proposed Residence, Lot 4, Phase 1, The Reserve at Aspen Glen, Garfield County, Colorado by HP Geotech, Job No. 101 171-1, June 18, 2001. Subsoil Study for Foundation Design, Proposed Residence, Lot 6, Phase 1, The Reserve at Aspen Glen, Garfield County, Colorado by HP Geotech, Job No. 101 171-1, July 31, 2001. Subsoil Study for Foundation Design, Proposed Residence, Lot 7, Phase 1, The Reserve at Aspen Glen, Garfield County, Colorado by HP Geotech, Job No. 101 171-1, October 26, 2001. 2.2 Subsurface Conditions Subsurface conditions were compiled from two of the previous investigations. The Chen, 1991 and Yeh, 2007 reports provided sufficient information to approximate test hole/boring locations. Figure 3 below shows the approximate test hole locations and the associated report. For reference, the test hole logs and legends from both reports are included in Appendix A. The Chen, 1993 report discusses that additional subsurface drilling was performed, but a test hole location figure was not provided to correlate the drill locations with the current lot layout. Aspen Glen - The Reserve Project No. 23-030R-G1 Garfield County, Colorado 5 Figure 3 – Approximate Test Hole/Boring Locations The previous reports encountered varying amounts of clay, silt, sand, and gravel soils to the maximum explored depth of 30 feet. The clay and silt samples are classified as sandy, low plasticity clay (CL) and silt (ML). The sand and gravel are generally classified as silty (SM and GM) according to the Unified Soil Classification System (USCS). Bedrock was not encountered in any of the test holes. Aspen Glen - The Reserve Project No. 23-030R-G1 Garfield County, Colorado 6 2.2.1 Groundwater Groundwater was not reported in any of the test holes. Based on our experience, groundwater may be encountered during pier or micropile installation if significant penetration into the bedrock is necessary. Variations in groundwater conditions may occur seasonally. The magnitude of the variation will be largely dependent upon the amount of spring snowmelt, duration and intensity of precipitation, site grading changes, and the surface and subsurface drainage characteristics of the surrounding area. 3.0 GEOHAZARDS Based on review of the previous investigations and our site visit, we believe the following geohazards are present at the site that should be considered during development. The geohazards include: Collapsible Soils Sinkholes and Depressions Slope Instability Rockfall Debris Flows The following is a discussion of each geohazard as it relates to the development of the site. 3.1 Collapsible Soils The silt and sand subsoils encountered at the site are known to exhibit high to very high collapse potential. Collapsible soils were encountered in the proposed lot locations in the lower portion of the site. Depending on the changes of moisture content in the subsoils after construction, we would estimate differential and total movements on the order of 2 to 10 inches. We anticipate that increases in moisture content of the subsoils could occur depending on final grades, surface drainage and irrigation practices. The amount of movement depends in part on the infiltration of surface water and the depth at which the water penetrates the collapsible soils. Structures will likely be supported on a deep foundation and should not be affected by collapsible soils. However, these movements could affect drives, parking areas and utilities. Total and differential movements cannot be eliminated. To decrease the likelihood of potential movement to occur, drainage should be designed to prevent ponding of water around Aspen Glen - The Reserve Project No. 23-030R-G1 Garfield County, Colorado 7 improvements and flatwork during precipitation events. Surface flow should be directed away from improvements and flatwork as quickly as possible to reduce surface water infiltration. Additional mitigation, such as lining drainage swales and detention ponds that are uphill or adjacent to improvements could reduce the likelihood of water infiltration into the subsurface and reduce the potential for settlement. 3.2 Sink Hole and Depressions Sink holes occur when the underlying bedrock is dissolved resulting in a void or cavern. The void then collapses and propagates to the surface causing a sink hole or depression. Sink holes are mapped east of the site across the Roaring Fork River. A detailed site-specific investigation was not conducted at the site to investigate sink holes. Predicting where and if a sink hole would develop is extremely difficult. The hazard associated with sink hole development cannot be eliminated. We anticipate the availability of groundwater to cause dissolution of the bedrock to be low to moderate. Therefore, we believe the risk of sink hole development at this site is low to moderate. We did not observe indications of active sink holes developing at the site. Therefore, we believe a site-specific investigation is not warranted at this time. 3.3 Slope Instability Evidence of major landslides was not observed at this site. We do not anticipate problems associated with slope instability with respect to residential construction. For deep excavations greater than 10 feet, a slope/global stability analysis should be performed. Temporary excavation support may be required to reduce the likelihood of initiating a slope failure. In addition, for development on slopes greater than 30% a slope stability evaluation should be performed. 3.4 Rockfall The northern end of the project where Lots 1-3 are planned may be subject to rockfall hazards. The lot locations were not staked at the time of our site visit. We estimated the lot locations and potential building sites using handheld ranging equipment. The cliffs are a potential rockfall source area. Figure 4 shows the cliffs above Lots 1-3 in the northern end of the site. Aspen Glen - The Reserve Project No. 23-030R-G1 Garfield County, Colorado 8 Figure 4 – Cliffs above northern end of site During our site visit, we found a limited amount of rock that could be attributed to a rockfall event. Figure 5 shows two rocks that we believe originated from a rockfall event. Figure 6 shows the approximate locations of the observed rocks above the building sites indicating that a typical rockfall event would not impact the proposed building sites. We did not observe evidence of rockfall within the proposed lots. We do not believe rockfall mitigation is required for Lots 1-3. If wildfire or some other event occurs and results in removal of vegetation above the lots, a rockfall hazard evaluation should be performed to determine if the lots would be within a rockfall hazard zone, and if rockfall mitigation would be required. We did not observe rockfall source areas for Lots 4-21, and therefore, we believe Lots 4-21 are not susceptible to rockfall events. Aspen Glen - The Reserve Project No. 23-030R-G1 Garfield County, Colorado 9 Figure 5 – Rocks that likely originated from a rockfall event (notebook is 8 inches) Figure 6 – Approximate rock locations shown in Figure 5 3.5 Debris Flows Debris flow hazards may be present at this site. A debris flow hazard evaluation was not included in the scope of this report. However, a debris flow hazard evaluation should be conducted for this site. Approximate Rock Locations Aspen Glen - The Reserve Project No. 23-030R-G1 Garfield County, Colorado 10 4.0 SITE GRADING Cuts and fills will likely be required to achieve finished grades for the structures and access drives. Based on our review, we believe that material can be excavated by conventional construction equipment. We recommend cut and fill slopes be constructed at 3H:1V or flatter. If groundwater or seeps are encountered, flatter slopes will likely be necessary for stability. The on-site (cut) soils can be used in site grading fills provided the material is substantially free of organic material, debris and particles are no larger than 6 inches. Areas to receive fill should be stripped of vegetation, organic soils and debris. Topsoil is not recommended for fill material. Fill should be placed in thin, loose lifts of 8 inches thick or less. We recommend fill materials be moisture conditioned to within 2 percent of optimum moisture content and compacted to at least 95 percent of maximum standard Proctor dry density (ASTM D 698). Placement and compaction of fill should be observed and tested by a geotechnical engineer. 5.0 FOUNDATIONS The overburden soils (clay, silt and sand) near anticipated foundation elevations could exhibit high to very high collapse potential as discussed in Section 3.1. We recommend a deep foundation such as drilled piers, helical piers (screw piles) or micropiles be used to support structures. Deep foundations should extend to the underlying bedrock. Bedrock was not encountered in the test holes presented in Figure 3 above to the maximum explored depth of 30 feet. For planning purposes, we estimate bedrock depths of 50 to 80 feet, which would require foundation depths on the order of 50 to 100 feet. A friction pile may be an acceptable alternative depending on assumed depth of wetting and foundation loads. A design level investigation should be performed to provide lot-by-lot recommendations. 6.0 PAVEMENTS Performance of pavements is related to the properties of the subgrade soils and traffic loading. Soils that are moisture sensitive such as collapsible soils require that additional precautions be implemented to provide acceptable pavement performance. Pavement design is based on strength properties of a stable subgrade. Aspen Glen - The Reserve Project No. 23-030R-G1 Garfield County, Colorado 11 For planning purposes, we anticipate pavement thicknesses of 4 to 5 inches for the access drive to the lots. We anticipate 6 to 12 inches of Class 6 aggregate base course in combination with a Class 2 subbase would likely be required below the asphalt section. For bike paths, we anticipate pavement thicknesses on the order of 2 to 3 inches underlain by 6 to 12 inches of Class 6 aggregate base course. Mitigation of collapsible soils below pavements is not practical. However, including a geogrid within the subbase can dissipate movements over a larger area and reduce differential movements. In addition, a geotextile separator may be required between the native subgrade and road base. Proper surface drainage is imperative to adequate performance of pavements on these soils. A pavement subgrade investigation should be performed once the roadway alignment and grading have been finalized. 7.0 UTILITIES Utilities will likely be installed within potentially collapsible overburden soils. Mitigation of collapsible soils is not practical below utilities. For settlement sensitive utilities, the owner could consider over-excavating the utility trenches and geosynthetically reinforcing the backfill materials below the utility. The piping could also include restrained fused joints. The geosynthetic (geogrid) material would likely distribute movements and provide more uniform performance. Backfill above and below utilities should be placed in accordance with Section 4.0 above. The type of backfill should conform to manufacturer’s recommendations. 8.0 SURFACE DRAINAGE Surface drainage is crucial to the performance of foundations, flatwork and slopes. We recommend the ground surface surrounding the residences be sloped to drain away from the structure. The backfill around foundations should be moisture conditioned and compacted. Roof downspouts and drains should discharge beyond the limits of the backfill. Failure to follow these recommendations could result in settlement of the subsoils resulting in foundation and/or slab- on-grade movement. Water infiltration into slopes can reduce slope stability. Concentrated surface runoff should not be allowed to flow down slopes. Water should not be allowed to pond at the top of slopes. Areas where ponding of water occurs could lead to significant settlement or the development of sinkholes. Aspen Glen - The Reserve Project No. 23-030R-G1 Garfield County, Colorado 12 9.0 CONCRETE A single water-soluble sulfate concentration of 0.02 percent was measured in B-14 from Chen, 1991 report. These concentrations of water-soluble sulfate are considered negligible/low (Class 0 exposure) degree of sulfate attack for concrete exposed to these materials. The degree of attack is based on a range of 0.00 to less than 0.10 percent water-soluble sulfates as presented in the American Concrete Institute Guide to Durable Concrete. Due to the negligible/low degree, we anticipate no special requirements for concrete are necessary for this site. A lot-by- lot specific water-soluble sulfate concentration should be performed. 10.0 LIMITATIONS This study was conducted in accordance with generally accepted geotechnical engineering practices in this area for use by the client for design purposes. The conclusions and recommendations submitted in this report are based upon the data obtained from previous reports, field reconnaissance and anticipated construction. The nature and extent of subsurface variations across the site may not become evident until excavation is performed. If during construction, conditions appear to be different from those described herein; this office should be advised at once so reevaluation of the recommendations may be made. The scope of services for this project did not include, specifically or by implication, any environmental or biological (e.g., mold, fungi, and bacteria) assessment of the site or identification or prevention of pollutants, hazardous materials or conditions or biological conditions. If the owner is concerned about the potential for such contamination, conditions or pollution, other studies should be undertaken. Aspen Glen - The Reserve Project No. 23-030R-G1 Garfield County, Colorado 13 The report was prepared in substantial accordance with the generally accepted standards of practice for geotechnical engineering as exist in the site area at the time of our investigation. No warranties, express or implied, are intended or made. Respectfully Submitted: RJ Engineering & Consulting, Inc. Richard D. Johnson, P.E. Principal Aspen Glen - The Reserve Project No. 23-030R-G1 Garfield County, Colorado APPENDIX A Test Hole/Drill Logs from Previous Investigations 40 TH - 1 50 34 / 1 2 45 Depth (ft) 40 / 1 2 24 / 1 2 16 / 1 2 50 / 1 1 TH - 2 35 50 / 6 Pr o j e c t N u m b e r : 2 7 - 0 7 3 Fi g u r e A - 1 GE O T E C H N I C A L E N G I N E E R I N G C O N S U L T A N T S As p e n G l e n , T h e R e s e r v e 15 30 YE H A N D A S S O C I A T E S , I N C . FENCES BY DEPTH - A SIZE 27-073,BORINGLOGS.GPJ RDJ.GDT 5/1/07 10 25 35 20 2520 454050 25 / 1 2 28 / 1 2 50 / 6 50 / 6 TH - 4 15 105 30 0 50 / 6 24 / 1 2 47 / 1 2 50 / 7 TH - 3 50 50 / 7 50 GE O T E C H N I C A L E N G I N E E R I N G C O N S U L T A N T S Depth (ft) YE H A N D A S S O C I A T E S , I N C . As p e n G l e n , T h e R e s e r v e TH - 7 Pr o j e c t N u m b e r : 2 7 - 0 7 3 4510 Fi g u r e A - 2 FENCES BY DEPTH - A SIZE 27-073,BORINGLOGS.GPJ RDJ.GDT 5/1/07 TH - 5 0 5 10 15 20 25 30 35 40 20 50 400515253035 45 24 / 1 2 14 / 1 2 25 / 1 2 50 / 6 TH - 6 26 / 1 2 6/ 1 2 28 / 1 2 16 / 1 2 22 / 1 2 Soil Lithology Project: Aspen Glen, The Reserve GEOTECHNICAL ENGINEERING CONSULTANTS YEH AND ASSOCIATES, INC. Sample Types Modified California Sampler. The symbol 16/12 indicates that 16 blows from a 140 pound hammer falling 30 inches was used to drive 2-inch I.D. sampler 12 inches. Project Number: 27-073 Legend for Symbols Used on Test Hole Logs Figure A-3 Other Symbols Indicates practical drill rig refusal. Sand, silty, gravelly, occasional cobbles and boulders, medium dense to very dense, slightly moist, light brown, red-brown (SM). Gravel, silty, medium dense, slightly moist, red-brown (GM). Silt, slightly sandy, occasional gravel, medium stiff to very stiff, slightly moist, dark brown, red-brown (ML). TABLE OF CONTENTS ASPEN GLEN THE RESERVE PROJECT DESCRIPTION DRAINAGE WATER SEWER SOILS ACCESS/TRAFFIC MISCELLANEOUS UTILITIES APPENDICES A DRAINAGE CALCS B WATER MODEL FIRE FLOW RESULTS PROJECT DESCRIPTION Aspen Glen The Reserve consists of a 158.48-acre parcel within the Aspen Glen PUD. This parcel is zoned 2-acre Residential Zone District and is subject to the development standards within that district. The Reserve parcel is located west of County Road 109 in the northern portion of the Planned Unit Development. It is bordered by The Crystal River Ranch on the south and west, Bureau of Land Management on the west and the Teller Springs Subdivision and other parts of Aspen Glen opposite CR 109 to the east. The plan now includes twenty-one (21) single-family lots arranged on the west side of North Reserve and South Reserve Drives. The original PUD zoning approved 31 lots. The 1993 Preliminary Plan Submittal included survey and engineering design for a similar roadway with 20 lots. This revised Preliminary Plan submittal provides survey and near construction-level engineering design for the 21-lot configuration. The project may be built in one or two distinct phases. The North Phase will consist of Lots 1- 13. The South Phase will consist of Lots 14-21. Phase boundaries are shown on the Master Water & Sewer Plan. Due to the locations of existing water and sewer lines, it is only necessary to construct the roadway and utilities within the phase to provide adequate service to that phase. Development of this parcel has always been a consideration in the overall master planning of Aspen Glen. SGM has been part of the development team since the Sketch Plan stage in 1993. SGM Principals Dan Cokley, PE, PTOE and David Kotz, PE both were highly involved in the 1993 Preliminary Plan design and submittal and have been continually active in Aspen Glen matters since. We also completed the design and construction engineering for this section of County Road 109. Appropriate planning occurred in 1993 and the subsequent construction has prepared the parcel for development. Connections for all utilities are located on the parcel. Existing water and sewer mains and downstream drainage infrastructure are more than sufficient to serve these 21 lots. DRAINAGE The drainage plan and design for The Reserve will accommodate b -off and debris flow events. Most of the runoff is generated from the steep hillside to the west of the project. The lower building site area generates only a minor portion of the flow. With a total drainage area of over 300 acres, the change from 20 to 21 lots is insignificant from a master drainage perspective. Existing County Road 109 and downstream Aspen Glen drainage infrastructure were designed to handle these flows. The primary concern is that proper residential site grading conveys runoff around and past the structures. This runoff will then be intercepted by the proposed roadways and piped eastward. SGM recommends that lot specific drainage plans designed by a professional engineer be required at building permit. Hepworth-Pawlak Geotechnical developed a debris berm design scheme in 2006 to adequately protect the proposed residences form debris flows. Their July 25, 2006 report served as a reference document for both the RJ Engineering Geotech report and the Lithos Engineering Debris Flow Hazard Review that accompany this submittal. Due to the extensive disturbance that would have occurred with project-wide debris berms, the development team opted to use debris barrier ring nets above the debris fans where possible. Berms are still proposed as a mitigation measure for Lots 1, 2, 19, 20 and 21. Refer to the Master Drainage Plan for debris berm and barrier locations. The remainder of this section discusses the procedures and results of the drainage analysis conducted by SGM. Complete calculations and drainage area map are included in Appendix A. The NRCS WinTR-55 method was used for estimating the amount of runoff that will occur as a result of a particular precipitation event. This method calculates runoff from individual basins based on the basin area, SCS curve number, precipitation, and the time of concentration. The total basin tributary to The Reserve is over 300 acres in size and was divided into eight sub-areas that range in size from 27 acres to 79 acres. Except for Area 1, each basin represents the area tributary to a roadway low point. Basins were delineated using the project LIDAR topo USGS 1:24000 Cattle Creek topographic map. Refer to the exhibit in Appendix A for the locations and orientation of these basins. A SCS curve number is assigned to each basin. The curve number provides the relationship between the amount of precipitation and the amount of subsequent runoff. The curve number is a function of soil type, vegetative-cover, land use, and antecedent moisture conditions. The SCS soil map and descriptive table are also included in Appendix B. An area-weighted average curve number is assigned to each sub-area due to the variation in soil types and land use. Large runoff events in this region of Western Colorado area caused by cloudburst type storms that are characterized by short durations of high intensity rainfall. The SCS Type II 24-hour distribution best represents these types of storms and was used for this analysis. Rainfall depths were taken from the NOAA Atlas 14, Volume 8, Version 2, Carbondale, Colorado. Values for the 2-, 5-, 10-, 25-, 50- and 100-year are 1.20, 1.47, 1.70, 2.03, 2.29 and 2.57 inches, respectively. Time of concentration (TC) is an important parameter in runoff modeling. It is defined as the time it would take for a drop of water falling on the most hydraulically remote point in the watershed to reach the outfall. TR-55 uses a segmented approach consisting of three components: sheet flow, overland flow, and channel flow, to estimate (TC). The length of flow, surface roughness, slope and channel geometry all factor in. Flow velocities were estima ematic flow equation. runoff and comparatively higher peaks. The following Tables summarize the drainage characteristics of the sub-areas tributary to The Reserve and presents results of the 2-, 5-, 10-, 25-, 50- and 100-year analysis. Complete computer output is included in Appendix A. Water quality, particularly sedimentation is a concern during the construction phase of the project. To limit the amount of sediment discharged downstream to County Road 109 ilized. The existing bike path ditch will serve to intercept runoff from disturbed areas above. Straw bale check dams and culvert inlet protection will prevent sediment from traveling downstream. The WATER The Reserve will be served by the Roaring Fork Water & Sanitation District (RFWSD). Refer to contained elsewhere in this application. The RFWSD water supply system has been approved and accepted by the Colorado Department of Public Health & Environment and has more than enough capacity to serve the 21 lots in The Reserve in addition to the previously platted lots. Water for the District is supplied through an augmentation plan, Case No. 93CW192, which was approved on October 31, 1995. Under this plan, water is supplied via wells on the Aspen Glen property, which are augmented through contracts with both the West Divide Water Conservancy District and the Basalt Water Conservancy District. The infrastructure completed as part of the previous phases of Aspen Glen includes a 700,000- gallon water storage tank east of Highway No. 82, a 300,000-gallon tank west of County Road 109 in The Reserve above Lot 4, three wells and a chlorination well house. The RFWSD system also in pumps thru a chlorination facility to a 200,000-gallon tank transmission main also extends northward to Iron Bridge where a 300,000+ gallon tank is located. All these facilities are interconnected and provide redundant storage and connections to The Reserve. Water service will be provided to The Reserve by an 8" main located in North and South Reserve Drives. The new main will connect to the existing system at three different main stubbed across County Road 109 from the golf maintenance facility. The Reserve construction will further strengthen the district system. Waterlines will be built to the standards of the Roaring Fork Water & Sanitation District. Upon completion and acceptance, the lines will be dedicated to the District. The design of the system has been done in substantial conformance with the recommendations of the Carbondale & Rural Fire Protection District. Refer to letter supplied elsewhere in this submittal. The elevations of The Reserve lots are rather high in relation to the RFWSD tanks and the rest of the project. The Master Water & Sewer Plan shows 40 and 50 psi contours based on the Mid- distribution systems. Depending on actual house elevations and personal preference, individual homeowners may choose to install in-house pressure booster systems. Water system computer modeling has shown that this area will have adequate fire flows well in excess of the required 1500 gpm at a 20 psi residual and minimum system pressure. Base conditions for the model considered all district tanks at the ½ full elevation -wide maximum day demands. fire flow of 1709 1676 gpm. Refer to Appendix B for color-coded WaterCad modeling results and estimates of available flow in various locations throughout the project. SEWER Wastewater treatment will be through the Roaring Fork Water & Sanitation District (RFWSD). The District has completed Phase II of the wastewater treatment facility, and it is operating under Discharge Permit No. CO-0044750 issued by the Colorado Department of Public Health & Environment. At the present time, numerous residences are built and tied into the wastewater treatment facility and it functions satisfactorily. Total flow to the facility is approximately 75,000 gallons per day, well below the permitted capacity of 214,000 gallons per day. The Reserve is included within the Roaring Fork Water and Sanitation District wastewater service area, and the interceptor sewer and wastewater treatment facility were all sized to include The Reserve wastewater contribution. Service to this parcel is consistent with the Water & Wastewater Master Plan previously approved for Aspen Glen. The internal 8" gravity collection sewer lines will be built to the standards of the Roaring Fork Water & Sanitation District, and then dedicated to the District upon completion and acceptance by the District. These lines will connect to two existing lines that cross County Road 109: one at the main intersection opposite Bald Eagle Way, the other at the north end of the project opposite the Homestead Road cul-de-sac. Wastewater will flow entirely by gravity from the collection lines to the interceptor sewer line that flows to the wastewater plant. SOILS The Reserve parcel has undergone extensive soils, geotechnical and geohazard investigations. RJ Engineering (RJE) was charged reviewing previous studies and providing recommendations for present day construction. Section 2.0 of their October 13, 2023 Preliminary Geotechnical Engineering Report lists eleven previous investigations. Significant RJE recommendations include thick, structural pavement sections, restrained joints for water and sewer, extra care to prevent ponding near improvements, and site- specific foundation investigations for each residence. ACCESS/TRAFFIC The Reserve is located west of County Road 109. Improvements to County Road 109 adjacent to The Reserve were completed by Garfield County and the Aspen Glen PUD, per the approval resolution. One access point was permitted by Garfield County in the 1993 Preliminary Plan approval. It is located directly across from the Bald Eagle Way intersection. Bald Eagle Way is the main collector street within the Aspen Glen PUD. It provides access to Colorado Highway 82 by way of an Access Permit granted by the Colorado Department of Transportation. The interior roads are called North and South Reserve Drives. The roadway cross section includes two 11-foot asphalt driving lanes with 27-inch-wide curb and gutter on each side. The north and south ends of these roads terminate in cul-de-sacs. Radii exceed that necessary for emergency vehicles. Like the other internal access roads within Aspen Glen, these roads will be privately owned by The Reserve homeowners association. Traffic impacts for the original 31-lot zoning of The Reserve parcel were contemplated in the 1992 PUD by Matthew J. Delich, P.E. This Preliminary Plan submittal contemplates 21-lots and a new Traffic Analysis dated 11/02/23 was prepared by SGM s Daniel J. Cokley, PE, PTOE and is included elsewhere in this submittal. Significant findings of the new analysis include that CR 109 is adequate for 20-year design volume and the access will function satisfactorily without turn lanes. Also, a State Highway Access Permit is not required as the 20% threshold exceeded at Highway 82. MISCELLANEOUS UTILITIES All affected utility companies have been notified of this application and have copies of the project layout so they may complete their respective designs. Will-serve letters are included elsewhere in this submittal. Power for the west side of Aspen Glen, or the west side of the Roaring Fork River, is provided by Xcel Energy. As part of the master planning and development of the Aspen Glen PUD an electric system sufficient to serve the entire development has been designed. Xcel Energy will service The Reserve via the existing underground power lines extended to the project area below the proposed roads. Gas Service will also be provided by Black Hills Energy. The gas main, which previously crossed the Aspen Glen property on the west side of the Roaring Fork River, has been relocated along County Road 109. The main was sized at the time of installation to provide service to the Aspen Glen PUD. Gas lines will be extended through The Reserve forming a looped delivery system. Qwest originally provided telephone service to Aspen Glen through a land development agreement dated December 5, 1991. Telephone lines, which previously cross the Aspen Glen property west of the Roaring Fork River had been rerouted along The Reserve parcel below the proposed roads. A fiber optic line is located between the existing bike path and County Road 109. Ting has indicated an ability to provide internet services to the Reserve. Comcast can supply cable and CenturyLink/Lumen can provide various individual and bundled services. 4366800 4366800 4367400 4367400 4368000 4368000 4368600 4368600 4369200 4369200 4369800 4369800 4370400 4370400 Reviews for Counties Reviews for Municipalities Special Reviews Geological studies are required by Colorado counties for all subdivisions of unincorpo- rated land into parcels of less than 35 acres, under State statute C.R.S. 30-28-136 (1) (i) (Senate Bill 35, 1972). Some Colorado municipalities require geological studies for sub- division of incorporated land. In addition, local governments are empowered to regu- late development activities in hazardous or mineral-resource areas under C.R.S. 24-65.1- 101 et seq. (House Bill 1041, 1974) and C.R.S. 34-1-301 et seq. (House Bill 1529, 1973), respectively. Local-government agencies submit proposed subdivision applications and supporting technical reports to the Colorado Geological Survey ”...for evaluation of those geologic factors which would have significant impact on the proposed use of the land,“ in accor- dance with State statutes. The CGS reviews the submitted documents and serves as a technical advisor to local-government planning agencies during the planning process. Since 1984, the CGS has been required by law to recover the full direct cost of perform- ing such reviews. The adequate knowledge of a site’s geology is essential for any development project. It is needed at the start of the project in order to plan, design, and construct a safe devel- opment. Proper planning for geological conditions can help developers and future owners/users reduce unnecessary maintenance and/or repair costs. 1 Why am I required to have a CGS review when I already hired and paid for my own consultant? In 1972, Senate Bill 35 was passed stating that any person or entity subdividing a property into parcels of 35 acres or less on unincorporated land must submit geologic or geotechnical reports to the County as part of the preliminary plat application process. Municipalities or public agencies may request that CGS review a site, although these reviews are not governed by the statute. 7 The subdivision down the road was approved, why wasn’t mine? There could be several reasons: geologic conditions can change over short distances; subdivisions made prior to 1972 were not required to undergo a CGS review and may have not been evaluated for geologic suitability at all; the area down the road may be incorporated as part of a municipality, which exempts it from the CGS review process. Another consideration is that geologic reviews are continually evolving and site conditions that have been judged acceptable in the past may no longer be considered as such, based on the current understanding of the geologic processes and adverse impacts associated with them. 2 Why is a CGS review necessary when I already hired my own geologist? 8 Why are CGS reviews required even on low-density properties? The CGS review is an independent third-party review that is done for the County, similar to the service a building inspector provides for construction review. The purpose of the CGS review is to ensure that all geologic concerns have been adequately identified and addressed in the geologic reports and that the proposed development is feasible. Senate Bill 35 pertains to subdivisions of less than 35 acres. Geologic hazards can occur on large-scales or small-scales; relying on low-density subdivision can not mitigate all geologic hazards. For instance, entire hillsides might be prone to rockfall or landslide hazards. Large tracts of land may be subject to groundwater problems. 3 Why does CGS charge for land use reviews? Doesn’t taxpayer money pay for this service? 9 Why can’t I just use the soil conservation maps for a geologic report? CGS land use reviews are not subsidized through the general fund, although some other review agencies are supported by taxpayer money. In 1984 the state legislature decided that CGS reviews should be paid for with fees paid by the applicant of the proposed development so that taxpayers are not viewed as subsidizing development. The USDA soil conservation maps are a good start for geologic investigations, but do not contain sufficient detail on the possible geologic problems that may occur at any site. 10 Aren’t some of your review comments beyond the scope of geologic hazards on my site? 4 Did the CGS geologist make a field visit to the site? Technically other agencies have regulatory authority regarding issues such as flood plains, groundwater availability and wildfire, but these issues are also important factors in the overall geologic context of the site and may affect geologic hazards on the site. The mention of a condition in the CGS review letter is not intended to influence the statutory authority of any other agency, but rather to ensure that all parties are aware of a potentially problematic geologic condition. For instance, mention of a situation involving a major drainage is a flag that the U.S. Army Corps of Engineers or the Colorado Water Conservation Board should be reviewing development plans. f the review is a re-submittal for a site that has been visited previously, a ite visit may not be necessary. If significant changes have ccurred since the initial review, the site may be visited again. 5 Why is the CGS review letter so short and simple? What is my fee paying for? The CGS letter is a review of the geologic material submitted and reflects the level of detail contained in those documents. CGS does not offer designs, but rather ensures that the work that has been done is meaningful and adequate for the site conditions and proposed development. A site review that adequately addresses all the geologic conditions present at the site may be a short confirmation letter. If more work needs to be done or if difficult site conditions are present, the letter may be longer. 11 When I bought this property, no one told me about any geologic hazards on the site; can I go back to the previous owners somehow? CGS can not give legal advice. If the seller was aware of adverse conditions with respect to the proposed use, this should have been disclosed. A legal opinion should be sought. 6 What type of information do I need to submit to CGS for a land use review? The more geologic information that is submitted to CGS, the easier it is for CGS to evaluate the property. The required documents may vary based on county requirements and the potential problems that may impact the proposed development. A topographic map is essential. Also, information regarding slope, surficial materials, subsurface materials and bedrock, presence of groundwater and depth, and specific geologic hazards should be included, where applicable. Grading plans, drainage plans, and geotechnical testing results are also very helpful for the review. The presence of geologic hazards should be evaluated with respect to the development plan. Also, the effect of development on geologic conditions should be discussed. The evaluation should include alternatives such as avoidance and mitigation techniques. 12 Can I get a waiver from having the CGS do a review? The discretion to grant waivers is vested by law with the counties. Once an application for review is submitted to CGS, we are under a statutory responsibility to respond. 13 I am willing to accept the risk associated with my property — why is it anyone’s business what I do with my own land? The presumption associated with a subdivision is that portions of the property will be sold to others. This then assigns any risk to future buyers, and the county is required to protect their interests. Senate Bill 35 addresses a wide variety of land use issues as well as geologic suitability in an attempt to provide information so that the overall appropriateness of the subdivision proposal can be evaluated.