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Finat Plat
SUBDIVISION APPLICATION FORM
Mor:ntain l4eadcxus Subdivision at prince CreekSUBDIVISION NAME:
OWNER:Anneli-ese K. Allen
ENG I NEER/PLANN ER/S URVEYOR :Schnn:eser Gordon }{elrer, fnc.
LOCATION: Section 11 Townsh ip BS Range
WATER SOURCE3 Central water system fed bv we1ls
SEWAGE DISPOSAL METHOD: fSDS
PUBLIC ACCESS VIA:Countlz Road 111 south of Carbondale
EXISTING ZONING:A/R/w
EASEMENTS: Utility Easenents will be created inas necessary
the roadr,vay and al_onq 1ot lines
Ditch There are no existinq ditches on the property
TOTAL DEVELOPMENT AREA:
(1) Residential
Single Famiy
DupIex
MUI ti -fami ly
Mobile HomeStreets
(21 Commercial
( 3) Industr ial
( 4 ) PubI ic,/Quas i -Publ ic
(5) Open Space/Common Area
TOTAL:
PARKING SPACES:
Res idential N,/A
Commercial
Industrial
Floor Area
Acres
L6.943
9.50---TcrEs_-_-
L7.893
Number
sq. ft.
sq. ft.
MOT]NTAIN MEADOWS
AT
PRINCE CREEK
PRELIMINARY PLAN
APRIL 25, tgg'
Prepared By
Schmueser Gordon Meyer, Inc.
118 West 6th St., Suite 200
Glenwood Springs, CO 81601
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VICIN ITY MAP
SCAL E, l"= ZOOO'
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IIA]EiIIE OF"CONTM$TS
INT-RODUCTION
MISCELLANEOUS UTILITIES
ACCESS
IMPACT
Electric Service
Gas Service
Telephone Service
Cable Television Service
RADIATION HAZARD
APPENDICF.S
EXHIBIT A - PROOF OF OWNERSHIP
EXIIIBIT B - ADJOIMNG OWNERS
EXHIBIT C - PROPOSED COVENANTS
EXHIBIT D - WILDLIFE AND VEGETATION
EXHIBIT E - SOLS AND GEOLOGY
EXHIBIT F - DRAINAGE
EXHIBTT G - WATER SUPPLY PLAN
EXHIBIT H - SEWAGE DISPOSAL PLAN
INTRODUCTION
Mountain Meadows at Prince Creek, is located approximately two miles south of
Carbondale on County Road No. 111 @inkle Lake Road) in Section 11, Township g South,
Range 88 West of the Sixth Principal Meridian, Garfield County, Colorado. The elevation
ranges from 6360 to &20 feet. The property consists of 17.68 acres of gently sloping land west
of County Road No. 111 and north of the Garfield Pitkin County line. Excellent views of Mount
Sopris are available from this property to the south.
This parcel and the surrounding land were historically used for agricultural purposes.
As development pressures have grown and the profitability of ranching has decreased, more and
more of the agricultural land in this area has been subdivided into residential lots. This is
evidenced by Prince Creek Subdivision which borders this properry on the North and the
residential developments which lie south of this property in pitkin county.
The property is currently zoned Agricultural/Residential/ Rural Density, a zoning which
allows a minimum lot size of two acres. This application has been prepared in conformance
with the requirements of the Agricultural/Residential/Rural Density zoning, and includes eight
single family residential lots with an average size of just over two acres each. The lots have
been oriented to take maximum advantage of the views of Mount Sopris to the south. Building
envelopes will be planned to take maximum advantage of the views while at the same time
preserving views from adjoining lots and existing houses. The maximum building height
allowed in this zone district is twenty five feet.
A Homeowner's Association will be formed to manage and maintain the central water
system and the roads. Protective Covenants for the subdivision will address issues such as septic
system maintenance, architectural control and dog control.
MOI]NTAIN MEADOWS AT PRINCE CREEK
ACCESS
The property is currently accessed from Carbondale via Dinkle Iake Road (County Road
1 11), a two lane paved roadway. This proposal includes a new interior cul de sac approximately
930 feet long which will serve seven out of the eight lots. The eighth lot contains an existing
house, and will continue to be served by a common driveway off County Road 111. This
driveway also serves two existing homes which are located immediately north of this property.
The interior road will be constructed with eight foot lanes, two foot shoulders and four foot
ditches, meeting the Garfield County Standards for a road designated "semi-primitive. Because
of the straight alignment and flat grade (1.39%) of this road, it is felt that the long cul de sac
length will not present a hindrance to emergency access. No on street parking will be allowed.
MISCELLANEOUS UTILITIES
Electric Service
- Electric service for this area is currently provided by Hoty Cross Electric
Association. There is an existing overhead line located approximately 100 feet east of Dinkle
I-ake Road. This line currently serves the three existing homes, and is of adequate capacity to
serve the seven additional lots within this subdivision. Electric service, as well as all other
utilities, will be located underground in this subdivision to reduce the visual impacts to adjoining
properties.
Gas Service
- Rocky Mountain Natural Gas is the natural gas supplier for this area. They have
an existing transmission line in Dinkle Iake Road adjacent to this property, and currently
provide service to the three homes immediately north of this property, as well as the Arbany
Ranch south of this property. It is anticipated that both the facilities and the supply are adequate
to serve the seven new residences in this development.
2
Telephone Service
- U.S. West provides telephone service to residents in the Dinkle I-ake Area. U.S.
West has a small existing cable which serves the current residents near this subdivision. Gary
Gibson of U.S. West stated that this line is not adequate to serve the additional lots. It will need
to be upgraded before service can be provided to this subdivision.
Cable Television Service
- TCI Cablevision provides cable television service to residents in this area, but at
this time does not have cable service this far outside of Carbondale. The cost of extending cable
for this number of lots would be prohibitive, so it is unlikely that cable television service will
be made available to this subdivision. However, newer technology such as primestar satellite
system is available at a relatively low cost, and this will probably be the option of choice for this
subdivision.
IMPACT
This subdivision will not directly impact water courses or lakes, as none exist on
this site. The existing drainage patterns Standard drainage components can be utilized to
prevent runoff created by this development from exceeding historic flows.
The primary impact to the topography will be from the construction of a road to
serve the new lots on this site. Because this site is fairly flat with a uniform grade, roads can
be built at grade with minimum cuts and fills. This will also allow easy access for driveways,
minimizing their impact as well. Excess fill materials from building excavations will be used
on site to optimize drainage around the buildings and also to create some variety in the
landscapes through the use of berms, etc. No large scale or over lot grading is proposed, so the
overall topography of the site will not be significantly changed.
J
RADIATION HAZARD
For many years this property has been used for agricultural purposes. Hay crops
have been raised here and it has been used for grazing. There are no industrial uses nearby
which would have been expected to create a radiation hazard on this property. Although soils
borings have not yet been done in this development, no radiationhazard is expected to exist on
this property. 1
4
EXHIBIT A. PROOF OF OWNERSHIP
Arrrcrrcan Lano I rrrc
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
This Commitment is preliminary to the'issrance
lN WITNESS WHEREOF, the Compa;y irra cauied tfriltOrnritment to be signed and sealed, to
become valid when countersigned by an authorized officer oragent of the Company, all in accordance
with itsBy-LawsThisCommitment iseffectiveasof thedateshown inScheduleAas"Effective Date."
Chairman of/the Bo
STE}V'ART TITLE
OUABANT' COUPANY
s$ffk
=i;;-.i;.r"".ss__r-L9"1.,i,i,,,!
Countersigned by:
Company
\L ntt i|,tl (- ottlxtL'l
City, State
STE.\^rAR.T TTTLT
GUARANTY COMPANY
, .j
' :'i\!'ri .N'.:r .iN
STEWART TITLE GUARANTY COMPANY, A Texas Co*)irution, herein called the Company, for
valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed lnsured named in Schedule A, as owner or mortgageeof theestate
or interest covered hereby in the land described,bi'iderrdilo in Schedule A, upon fiayrent of the
This Commitment shall be effective only when
of the policy or policies committed.for have
either at the time of the issuance of this Commii#Lnt
i 11
or policies of title insurance and all
liability and obligations hereunder shall cease and iii'months after the effective date hereof
or when the policy or policies committed'for shall ichever first occurs, provided that the
ttid Company. This Commitment shall not be
valid or binding until countersigned by an authorized officer oi
.the proposed lnsured and the amount
ii.Schedule A hereof by the Company,
endorsement.
Authorized Signaiory
c 1501
SCHEDULE A
ORDER NUII{BER: 950237L9
1. EFFECTIVE DATE: February 06, 1995 at
2. POLICY OR POLICIES TO BE ISSUED:
A. ALTA OWNERS POLTCY
PROPOSED INSTRED: T.B.D.
B. ALTA LOAN POLTCY
PROPOSED INSURED:
C. ALTA LOA}I POLTCY
PROPOSED INSURED:
D.
COMMTTMENT NUMBER: N/A
7:45 A.M.
AI\iIOUNT OF INSURANCE
$ TBD
3.THE ESTATE OR INTEREST IN THE LAND DESCRTBED OR REFERRED TO IN THIS
COMMTTME}IT AND COVERED HEREIN IS FEE SIMPLE AND TITLE THERETO IS AT
THE EFFECTIVE DATE HEREOF VESTED IN:
ANNELTESE K. ALLEN
4. THE I,AND REFERRED TO TN THTS COMMITMEI\TT IS DESCRIBED AS FOLLOWS:
SEE ATTACHED LEGAL
OWNERS: TBD
SHORT TERM RATE APPLIES
Examiner: KaLhie
mt
CC: Schenk, Kerst & Dewinter
attsn: Jotue Schenk
POLICY OR POLICIES COI\MITTED TO BE ISSUED HEREUNDER ARE ALTA
owNER AND/OR LOAN pOLrCy - (4-5-90)
STEWART TITLE OF
GLENWOOD SPRINGS, INC.
202 gEh Street.
GLENWOOD SPRINGS, CO, 81601
(303) 94s-s434
FAX NO. (303) 94s-7081
COI]NTERS IGNATI,IRE
SCHEDI'LE A
PROPERTY DESCRIPTION
ORDER NO:950237t8
Af1 tshat portion of the following descrj-bed property laying and
being in the County of Garfield, State of Colorado.
A parcel of land situated in Lots 8 and 9 of Section 11 and in
Lots 3 and 4 of Section 14 all in Township 8 South, Range 88
West of Ehe SixLh Principat Meridian, more particularly
described as folLows:
Beginning at the brass cap witness point bearing N. 00 degrees
08'29" W. 27.L8 feet to the Section corner common Lo Sections
10, 11, L4, and 15 of said Township and Range;
thence N. 58 degrees 49' 10" E. 859.09 feet to the True Point of
Beginning,'
thence N. 88 degrees 29'47"
thence S. 02 degrees 28'39"
Ehence N. 88 degrees 29'47"
thence S. 02 degrees 28'39t1
thence S. 73 degrees 33'21"
thence N. 00 degrees 09'28"
Ehence S. 89 degrees 39'45"
thence N. 05 degrees 00'48"
thence N. 10 degrees 27'4Lr
thence N. 07 degrees 03'05"
thence N. 19 degrees 57'3-4tl
thence N. 05 degrees 22'44t1
thence N. 09 degrees 42'21-"
thence N. 38 degrees 39'L2"
thence N. 30 degrees 30'00"
of Beginning.
COUMTY OF GARFIELD
STATE OF COLORADO
293.74 feet;
24O.00 feet;
735.00 feet;
512.51 feet;
L572 .64 f eeL,'
34-54 feet;
22 .29 feeE;
96.90 feet;
81.39 feet;
262.42 feet;
164 .1-7 f eet ;
74 .87 f eet,'
163.04 feet;
371.83 feet;
L37.72 feet to the True Point.
SCHEDTILEB-SECTIONl
ORDER NUIVIBER | 950237L8 COMMITMENT NU},IBER: N/A
REQUIREMENTS
THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH:
rTEM (A) PAYMEMT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS
OF THE FULL CONSIDERATTON FOR THE ESTATE OR INTEREST TO BE TNSURED.
ITEM (B) PROPER INSTRUMEMT(S) CREATING THE ESTATE OR INTEREST TO BE
INSURED MUST BE EXECTITED AND DULY FILED FOR RECORD, TO WIT:
1. Execut,ion of AffidaviE as to Debts and Liens, whi-ch is attached
or will- be provided at closing.
2. Release by the Public Trustee of Garfield County of the Deed of
Trust from Wilmer C. Affen and Anneliese K. Allen for the use of
Bank of Colorado - western Slope to secure $203,150.00 dated
March LL, 1994, and recorded March 16, 1994, in Book 895 at Page
767 as Reception No. 460494.
NoTE: The beneficial interest under said Deed of Trust was
assigned of record to Fleet Mortgage Corp. by-instruments
recorded April- 18, L994, in Book 899 at Page 253 as Reception
No. 461924.
3. Deed from vested owner, vesting fee simple titfe in
purchaser(s).
NOTE: For an addit,ional charge, Stewart Titl-e of GLenwood
Springs, Inc. wilL provide any copies of exceptions as shown on
ScheduleB-SecLion2.
NOTE: Provided Ehat Stewart TiEle of Glenwood Springs records
Ehe documents of conveyance in tshe proposed Eransaction Lhe
status of t.it.l-e wi]I be updated from the time of this commitment
t.o the time of said recording. ff said update reveals no
inLervening liens or other changes in Lhe sLatus of said title
Exception No. 5 herein will be deleted,' if said update reveals
intervenj-ng liens or changes in the status of said tiEle
appropriate action(s) will- be taken to disclose or efiminate
said change prior Eo the recording of said documenEs.
4.
SCHEDULEB_SECTION2
EXCEPTIONS
ORDER NUMBER | 95023718 COMMITMENT NUMBER: N/A
THE POLTCY OR POLICIES TO BE TSSIIED WILL COMTAIN EXCEPTTONS TO THE
FOLLOWING UNLESS THE SAME ARE DTSPOSED OF TO THE SATISFACTION OF
THE COMPANY:
1. RTGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY THE
PI]BLIC RECORDS.
2. EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY THE PUBLIC
RECORIS.
3. DTSCREPANCTES, CONFLICTS IN BOUNDARY LINES, SHORTAGE TN AREA,
ENCROACHMEI TS, A}ID ANY FACTS WHTCH A CORRECT SIIRVEY AND
INSPECTION OF THE PREMISES WOI]LD DISCLOSE A}ID WHICH ARE NOT
SHOWN BY THE PUBLIC RECORDS.
4. ANY LTEN, OR RIGHT TO A LIEN, FOR SERVTCES, IJABOR OR MATERIAI
I{ERETOFORE OR HEREAFTER FTIRNISHED, IMPOSED BY LAW AND NOT
SHOWN BY THE PUBLTC RECORDS.
5 . DEFECTS, LIENS, ENCUiI4BRANCES, ADVERSE CLATMS OR OTHER MATTERS,
IF A}IY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS OR
ATTACHING SUBSEQUENT TO TI{E EFFECTIVE DATE HEREOF BUT PRIOR
TO THE DATE PROPOSED INSURED ACQUIRES.OF RECORD FOR VAII'E
THE ESTATE OR I}TTEREST OR MORTGAGE TIIEREON COVERED BY THIS
COMMITMEMT.
5. WATER RIGHTS, CI,AIMS OR TTTLE TO WATER.
7. Any and all unpaid taxes and assessments and any unredeemed trax
sales
8. The effect of incl-usions in any general or specific waEer
conservancy, fire proEection, soil conservatj-on or oEher
district or inclusion in any water service or sLreet improvement
area.
9. A11 existing roads, highways, ditches, utilities, canals,
pipelines, powerlines, Eelephone lines, waEer lines and rights
of way and easements Eherefore esEablished and or existing as
same may cross subject property.
10. Right of the proprietor of a vein or lode Lo extract and remove
his ore therefrom, should the same be found to penetrate or
intersect the premises hereby granted, as reserved in United
States Patent. recorded December 14, 1898 in Book 12 at Page 498
as Reception No. 2)-375, and October 10, 1923 j-n Book 73 at Page
176 as Reception No. 84774 of Lhe Garfield County Records.
Continued on next page
13.
COMTINUATTON SHEET
SCHEDULE B SECTION 2
COMMITMENT NUMBER: N/AORDER NUMBER: 95023718
11.Right of way for ditches or canaLs constructed by the authority
of the United states, as reserved in United States Patent
recorded Decernlcer 14, 1898 in Book 12 at Page 498 as Reception
No. 21375, and October 10, 1923 in Book 73 at Page 175 as
Reception No. 84774 of the GarfieLd County Records.
Easement and right of way for rrnderground electrical powerline
purposes granted to Holy Cross Elect.ric Association, fnc., by
Daly Construction, Inc., by instrument recorded March 15, l.971
in Book 417 at Page 547 as Reception No. 249207 of the Garfield
County Records, in which specific locati-on of the easement is
not defined.
Right of way for the County Road al-ong the Easterly line of
subject propert,y.
)-2.
L4. Restrictions as cont.ained in instrument recorded May 20, 1975 in
Book 474 at Page 122 as Reception No. 26767L of the Garfield
County Records.
15. Wel-], wat,er and Road Agreement between Anneliese K. All-en and
Louis J. Nazzaro and Serena f. Nazzaro recogded February 22,
1980 in Book 544 at Page 155 as Reception No. 301854 of the
Garfield County Records.
l-6. Easement for Roadway and utility purposes as reserved by
Anneliese K. Allen in Ehe Deed E,o Louis,J. Nazzaro and Serena r.
Nazzaro recorded February 22, 1980 in Book 544 at Page 161 as
Reception No. 301855 of the Garfield County Records.
17. Declaration of Covenants and Restrictions recorded February 22,
1980 in Book 544 at Page 149 as Reception No. 301853.
18. Terms and conditions of County Subdivision Exemption Resolution
#79-L44 recorded November 19, 1979 in Book 539 at Page 751 as
Reception No. 299592.
NOTE:
Pursuant to senate Bill 91-14 (C.R.s. Lo-Ll-l-22) Notice
is hereby given that:
a) The subject real propertsy may be located in a
special taxing district;
b) A certi-ficate of taxes due listing each taxing
jurisdiction may be obtained from the County
Contj-nued on next page
CONTINiIATION SHEET
SCHEDULEB-SECTION2
ORDER NUMBER: 95023718 COMMITMENT NI]MBER: N/A
Treasurer or the County Treasurer's authorized
agenL,'
c) Information regarding special districts and the
boundaries of such districts may be obtained
from Lhe County Assessor or the County Treasurer.
EXHIBIT B. ADJOINING OWNERS
Parcel #23
and
Pal.cel #14
Parcel #29
Pucel #30
Parcel #31
Parcel #32
Parcel #33
Parcel #34
Pucel #35
Pitkin County
ADJOINING PROPERTY OWNERS
David W. & Connie F. Hicks
1051 County Road 111
Carbondale, CO 81623
John K. & Linda C. Cerise
P.O. Box 712
Carbondale, CO 81623
Finley Properties
1211 County Road 111
Carbondale, CO 81623
David K. Danciger
Three Forest Plaza
19th Floor
12221Merit Drive
Dallas, TX7525l-2216
Four Bar Ranch Co., Inc.
P.O. Box 686
Carbondale, CO 81623
Turnbull Family Limited Partnership
P.O. Box 686
Carbondale, CO 81623
Nancy B. Emerson
1213 County Road 111
Carbondale, CO 81623
Anneliese K. Allen
1215 County Road 111
Carbondale, CO 81623
Dorothea A. Farris
1640 County Road 111
Carbondale, CO 81623
Gary K. & Norma G. Barr
1567 County Road 111
Carbondale, CO 81623
Pitkin County
report\95008pty. own
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;VIAP OF ADJOII\IIT\TG OVi'NIEFR.S
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EXHIBIT C. PROPOSED COVENANTS
DECLARATION OF COYENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS FOR
MOT]NTAIN MEADOWS AT PRINCE CREEK SUBDIVISION
Anneliese K. Allen ("Declarant"), as owner of certain real property in the County of
Garfield, State of Colorado, known as the Mountain Meadows at Prince Creek Subdivision
("Mountain Meadows at Prince Creek") depicted on the plat of same recorded on
, 1995, as Reception No.in the records of the Clerk and
Recorder of Garfield County, Colorado, (the "Plat"), and described as follows:
A parcel of land situated in Lots 8 and 9 of Section 11. iand in Lots 3 and 4 of
Section 14, all in Township 8 South, Range 88 West of the Sixth Principal
Meridian, more particularly described as follows:
Beginning at a point from which the brass cap witness "aorrr", set for the
southwest corner of Section 11 of said Township and Range bears S. 58'36'04'
W. 869.15 feet distant; thence along a fence line the following two (2) courses:
N. 88"12'03' E. 173.07 feet
N. 89'35'12' E. 120.63 feet
to the intersection with a north south fence line; thence S. 01o45'40u 8.237.44
feet along said fence line to an intersection with an east west fence line; thence
N. 88"16'41" F..739.99 feet along said fence line; thence S. 02'4I'45" E.
530.78 feet to,:a point on the county line between Garfield County and Pitkin
County; thence N; 90"00'00" 'W 1434.55 feet along said county line to a point
on a north south fence line; thence along said fence line the following five (5)
courses:
(1)
(2)
(1)
(z)
(3)
(4)
(5)
N. 19'44?01" E,. 99.39 feet
N. 06'09'31" 8.74.87 feet
N. 09'29'08" E. 163.04 feet
N. 38'25'59" E.371.83 feet
N. 30"17'23" E. 137.J? feet
to the point of beginning. Said parcel of land contains 17 .893 acres, more or less.
COUNTY OF GARFIELD
STATE OF COLORADO
(the "Property"). Declarant desires to create a Planned Community Common Interest
Community, to be known as Mountain Meadows at Prince Creek Subdivision, in which certain
common property will be owned by the Mountain Meadows at Prince Creek Homeowners
Association, a Colorado nonprofit corporation, its successors and assigns (the "Association").
Declarant makes the following declarations:
,l uR\,.^l rjstn:ct x I tlirr lrrd {/25/9J
ARTICLE I
STATEMENT OF PURPOSE AND IMPOSITION OF COVENANTS
1.1 Imposition of Covenants. Declarant hereby makes, declares, and establishes the
following covenants, conditions, restrictions, and easements ("Covenants") which shall affect all
of the Property. From this day forward, the Property shall be held, sold and conveyed subject
to these Covenants. These Covenants shall run with the land and shall be binding upon all
persons or entities having any right, title, or interest in all or any part of the Property, including
Declarant, and their heirs, successors, assigns, tenants, guests and invitees. These Covenants
shall inure to and are imposed for the benefit of all Lot Owners of parcels of land located within
the Property. These Covenants create specific rights and privileges which may be shared and
enjoyed by all owners and occupants of any part of the Property. Declarant hereby submits the
Mountain Meadows at Prince Creek Subdivision to the provisions of the Colorado Common
Interest Ownership Act, Sections 38-33.3-101, et seq., Colorado Revised Statutes, as it may be
amended from time to time (the "Act"). In the event the Act is repealed, the Act, on the
effective date of this Declaration, shall remain applicable.
1.2 Declarant's Intent. Declarant desires to ensure the attractiveness of individual
Lots and improvements to be made within the Property, to prevent any future impairment of the
Properfy, and to preserve, protect, and enhance the values and amenities of the Property. It is
the intent of Declarant to guard against the construction on the Property of Improvements built
of improper or unsuitable materials or with improper quality or methods of construction.
Declarant intends to encourage the construction of attractive permanent Improvements of
advanced technological, architectural, and engineering design, appropriately located to preserve
the harmonious development of the Property.
1.3 Existing Cqvenants. The Property is currently subject to and bound by a
Declaration of Covenants and Restrictions dated February 7, 1980, and recorded February 22,
1980, as ReceptionNo. 301853 inBook 544atPage 149. The withinDeclaration is intended
to supplement that existing declaration.
AITTICLE II
DEFINITIONS
Each capitalized term not otherwise defined in this Declaration or in the Map shall have
the meanings specified or used in the Act. The following terms, as used in this Declaration, are
defined as followS:
2.1 "Design Guidelines" shall mean the rules and regulations adopted by the
Association in conformance with and pursuant to this Declaration to maintain the quality and
architectural harmony of Improvements in the Mountain Meadows at Prince Creek Subdivision.
2.2 "ImDrovements" shall mean all buildings, parking areas, loading areas, fences,
wal1s, hedges, plants, poles, antennae, driveways, signs, changes in any exterior color or shape,
excavation and all other site work, including, without limitation, grading, roads, utility
improvements, removal of trees or plants. "Improvements" do include both original
improvements and all later changes and improvements. "Improvements" do not include turf,
,t,rks.\l | | N lr0 rr\i trrn lrrd{/15/95 2
shrub or tree repair or replacement of a magnitude which does not change exterior colors or
exterior appearances.
2.3 rrLotrr shall mean any lot shown on the Plat of Mountain Meadows at Prince Creek
Subdivision which may be conveyed in conformance with the laws of the State of Colorado. For
purposes of conforming the terms and provisions of this Declaration to the terms and conditions
of the Act, the term "Lot" shall be analogous to the term "Unit" as that term is defined in the
Act.
ARTICLE III
DESCRiPTION OF COMMON INTEREST COMMUNITY
3.1 Units. The maximum number of Lots in Mountain Meadows at Prince Creek is
eight (8) single family Lots.
3.2 Common Elements. The Common Elements include:
(a) All underground water and water: rights appurtenant to the Property,
including all well and well rights, all augmentation rights, a proportionate share of a
contract with the Basalt Water Conservancy District, all rights attributable to Declarant
in respect to the Property as decreed in Case No _ in the District Court, Water
Division No. 5, Colorado Well Permit No. _, issued for the Mountain Meadows
Well No. 1, together with all well casing, screens, pumps, piping, storage tank, valves,
hydrants and other appliances for the domestic water system from any well to the point
of individual service foi.any lot in Mountain Meadows at Prince Creek;
(b) All,,,surface water and water rights, ditch and ditch rights appurtenant to
the Property in the East Mesa Water Company, including, without limitation, 5.72% of
the amount allocated to Grantee in the Agreement dated May 15, 1975, and recorded
May'20, 19i1,5., in Book 414 at Page 116 as Reception No. 261669 of the records of
Garfield County, together with all irrigation piping, pumps and appurtenances within the
Property and a proportionate interest in the delivery system to the Property;
,(c) All private roadways over and across the Property providing access to
County"Road 111; and
(d) All access and utility easements depicted on the map of Mountain
Meadows at Prince Creek and other easements depicted on said map or described below,
all of which are designated by this Declaration for the common use and enjoyment of Lot
Owners and their families, tenants, guests and invitees and not for the public. The
Association, subject to the rights and obligations of the Lot Owners set forth in this
Declaration, shall be responsible for the management and control of the Common
Elements.
3.3 Allocated Interests. The undivided interest in the Common Elements, the
Common Expense liability and votes in the Association allocated to each Lot Owner shall be
allocated to each Lot and calculated as follows:
(a) the undivided interest in Common Elements, on the basis of an equal
interest for each Lot;
(b) the percentage of liability for Common Expenses, on the basis of equal
liability for each Lot; and
(c) the number of votes in the Association, on the basis of one vote per Lot.
3.4 Conveyance of Water Rights. By separate instruments, Declarant shall transfer
to the Association all water and water rights appurtenant to the Property described in Section 3.2
above, which water and water rights shall be held by the Association in trust for the use and
benefit of the Lot Owners and shall not be sold, leased, conveyed or encumbered by the
Association.
3.5 Water Systems Operation. The domestic potable water system and the irrigation
system, including all pumps, main distribution lines and facilities, will be owned, operated and
maintained by the Association. All charges for operations (including all contracts) shall be
initially paid by the Association and charged as a Common Expense to the Lot Owners. Each
Lot Owner and the Executive Board shall cooperate with the applicable public health and other
governmental officials to comply all laws and regulations governing the use of such systems and
rights. Each Lot Owner will own and be responsible foi all costs, expenses and liabilities from
such Owner's points of connection to the Association's distribution lines. Each Lot Owner shall
be responsible for the operation and maintenance of a curo- stop valve and a totalizing flow meter
for the water lines servicing such Lot Owner's Lot. Each Lot Owner shall adhere to the terms
of any water rights decrees and permits affecting water service on the Property and other water
rights arising on or carried through the Property, including carriage rights of other owners of
interest in the East Mesa Water Company,,,including, without limitation, the Agreement dated
May 15, 1915, and recorded May 20, L995, in Book 414 atPage 116 as Reception No. 267669,
the Well, Water and Road Agreement dated February 7, 1980, recorded February 22, 1980, in
Book 544 at Page 155 as Reception No. 301857 and the Well Water and Road Agreement dated
August 22, 1980, and recorded August 26, 1980, in Book 554 at Page 640 as Reception No.
The utilization of the surface irrigation water from the East Mesa Water Company
shall be codrdinated with the other owners of interests in such water right which include an
access easement along ditch right of ways for repair, cleaning and maintenance. The Owner of
Lot 8 will not be entitled to any portion of the water or water rights in Mountain Meadows Well
No. 1, but shall be entitled to an interest in the Allen Well No. 1. The Association shall have
the right upon reasonable notice to shut off or curtail diversions for the purpose of administration
and operation of any decreed plan of augmentation or contract obligation. The Association,
through its agents, shall have full and free access at all reasonable hours to read meters, examine
water pipes and fixtures, determine water usage and take other necessary actions to assure
compliance with any decreed plan of augmentation and the rules of the Association. In the event
of emergency, based on good faith determination by the Association, reasonable notice shall not
be required, if impractical. The Association shall establish charges for water usage based on
metered consumption such that the water systems will be independently supported with adequate
reserves for capital replacement.
3.6 Road Access. The primary roadway easement and right of way depicted on the
Plat for access to Mountain Meadows at Prince Creek shall be conveyecl to the Association by
Declarant. The Association shall be responsible for the maintenance of said road. Such
maintenance will include periodic maintenance of the surface and regular snow, ice, and trash
removal. The Association will not be responsible for maintenance of private drives located on
any Lot. The Executive Board shall cooperate with the applicable traffic and fire control
officials, and shall post the road with required traffic control, fire lane, and parking regulation
signs.
3.7 Recorded Easements. The Property, and all portions thereof, shall be subject to
all easements shown on the recorded Map affecting the Property, or any portion thereof, and to
any other easements of record or of use as of the date of recordation of the Declaration.
3.8 Utility Easements. Declarant reserves to Declarant and hereby grants to the
Association a general non-exclusive easement upon, across, over, in, and under the utility
easements as depicted on the Plat for ingress and egress and for installation, replacement, repair,
and maintenance of all utilities, including but not limited to domestic and irrigation water,
sewer, gas, telephone and electrical systems. By virnre of this Easement, it shall be expressly
permissible and proper for the companies providing electrical, telephone and other
communication services to install and maintain necessary electrical, communications, and
telephone wires, circuits, and conduits in the easement. No water, sewer, gas, telephone,
electrical, or communications lines, systems, or facilities may be installed or relocated on the
surface of the Property, except for necessary surface facilities. Such utilities temporarily may
be installed above ground during construction, if approved by the Declarant or the Association.
Any utility company using this general easement shall use its best efforts to install and maintain
the utilities provided for without disturbing the uses of the Lot Owners, the Association, and
Declarant; shall prosecute its installation and maintenance activities as promptly and
expeditiously as reasonably possible; and shall restore the surface to its original condition as
soon as possible after completion of its work. Should any utility company furnishing a service
covered by this general eaSement,reQuest a specific easement by separate recordable document,
either Declarant or the Association shall have, and are hereby given, the right and authority to
grant such easement:::upon, across, over, or under any part of all of the Property without
confiicting with the terrns of this Declaration. This general easement shall in no way affect,
avoid, extinguish, or modify any other recorded Easement on the Property. All service
connections to (including transformers) primary utility lines serving each Lot shall be the
responsibility of the Lot Owner.
3.9 Emergency Access Easement. A general easement is hereby granted to all law
enforcement, fire protection, ambulance, and all other similar emergency agencies or persons
to enter upon the Property in the proper performance of their duties.
3.10 Maintenance Easement. An easement is hereby reserved to Declarant, and granted
to the Association, its officers, agents and employees, successors and assigns, upon, across,
over, in and under the Property and a right to make such use of the Property as may be
necessary or appropriate to make emergency repairs or to perform the duties and functions which
the Association is obligated or permitted to perform, including without limitation, any actions
in respect to the water distribution systems and individual sewage disposal systems (ISDS).
3.11 Drainage Easement. An easement is hereby reserved to Declarant and granted
to the Association, its officers, agents, employees. successors and assigns to enter upon, across,
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over, in and under any portion of the Property for the purpose of changing, correcting, or
otherwise modifying any existing drainage channels on the Property so as to protect the historic
drainage pattern of water. Reasonable efforts shall be made to use this easement so as not to
disturb the uses of the Lot Owners, the Association and Declarant, as applicable, to the extent
possible; to prosecute such drainage work promptly and expeditiously; to avoid interference with
existing structures; and to restore any areas affected by such work to the condition existing prior
to the work as soon as reasonably possible following such work. Declarant and Declarant's
agents, employees, successors and assigns must inform and obtain the approval of the Executive
Board prior to undertaking such drainage work, which approval shall not be unreasonably
withheld.
3.I2 Easements Deemed Created. All conveyances of any part of the Property made
after the date of this Declaration, whether by Declarant or otherwise, shall be construed to grant
and reserve the easements contained in this Article III even though no specific reference to such
easements or to this Declaration appears in the instrument for such conveyance.
ARTICLE IV
THE ASSOCIAUON.
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4.1 Membership. Every person, by virue of being a Lot Owner and while such
person is a Lot Owner, shall be a member of the Association. Membership shall be appurtenant
to and may not be separated from Ownership of any Lot. No Lot Owner, whether one or more
persons, shall have more than one membership per Lot owned, but all of the persons owning
each Lot shall be entitled to rights of membeiship and use and enjoyment appurtenant to such
Ownership
.:4.2 Authoritv.,,,,,,,The business affairs of Mountain Meadows at prince creek shall be
managed by the Mountain MeadoWs at Prince Creek Homeowners Association, a Colorado
nonprofit corporation.
4,3 Powers. The Association shall have all of the powers and authority permitted
under the Act necessary and proper to manage the business and affairs of Mountain Meadows
at Prince Creek.
4.4 Declarant Control. The Declarant shall have all the powers reserved in Section
38-33.3-303(5) of the Act to appoint and remove officers and members of the Executive Board.
ARTICLE V
COVENANTS FOR COMMON EXPENSE ASSESSMENTS
5. 1 Creation of Association Lien and Personal Obligation to Pay Common Expense
Assessments. Declarant, for each Lot, hereby covenants, and each Lot Owner of any Lot, by
acceptance of a deed theretbr, whether or not it shall be so expressed in any such deed, are
deemed to covenant and agree to pay to the Association annual Common Expense Assessments.
Such assessments, including fees, charges, late charges, attorney fees, fines and interest charged
by the Association shall be the personal obligation of the Lot Owner at the time when the
assessment or other charges became or fell due. Two or more Lot Owners of a Lot shall be
jointly and severally liable for such obligations. The personal obligation to pay any past due
OT
sums due the Association shall not pass to a successor in title unless expressly assumed by them.
The Common Expense Assessments of the Association shall be a continuing lien upon the Lot
against which each such assessment is made. A lien under this Section is prior to all other liens
and encumbrances on a Lot except: (a) liens and encumbrances recorded before the recordation
of the Declaration; (b) a first lien Security Interest on the Lot recorded before the date on which
the Common Expense Assessment sought to be enforced became delinquent; and (c) liens for
real estate taxes and other governmental assessments or charges against the Lot. This Section
does not prohibit an action to recover sums for which this Section creates a lien or prohibit the
Association from taking a deed in lieu of foreclosure. Sale or transfer of any Lot shall not affect
the Association's lien except that sale or transfer of any Lot pursuant to foreclosure of any first
lien Security Interest, or any proceeding in lieu thereof, including deed in lieu of foreclosure,
or cancellation or forfeiture shall only extinguish the Association's lien as provided in the Act.
No such sale, transfer, foreclosure, nor cancellation or forfeiture shall relieve any Lot Owner
from continuing liability for any Common Expense Assessments thereafter becoming due, nor
from the lien thereof.
5.2 Apportionment of Common Expenses. Common ExpenSes shall be allocated and
assessed against Lots based on a equal share for each Lot.
5.3 Purpose of Assessments. ,Assessments levied by the Association shall be used
exclusively to promote the health, safety and welfare of the residents of Mountain Meadows at
Prince Creek and for the improvement and maintenance of the Common Elements, including,
but not limited to: taxes and insurance on the Common Elements, reserve accounts, the cost of
labor, equipment, materials, management and supervision, the salary or fee of any manager,
utilities, transportation, professional fees and other customary charges.
5.4 Annual Assessment/Commencement of Common Expense Assessments. Common
Expense Assessments shall be made on an annual basis against all Lots and shall be based upon
the Association's advance budget of the cash requirements needed by it to provide for the
administration and performance of its duties during such assessment year. Common Expense
Assessments shall be payable in monthly installments and shall begin on the first day of the
month in which conveyance of the first Lot to a Lot Owner other than the Declarant occurs.
5.5 Effect of Non-Payment of Assessments. Any assessment, charge or fee provided
for in this Declaration, or any monthly or other installment thereof, which is not fully paid
within ten (10) days after the due date thereof shall bear interest at the rate as determined by the
Executive Board. A late charge of up to five percent (5%) of each past due installment may also
be assessed thereon. Further, the Association may bring an action at law or in equity, or both,
against any Lot Owner personally obligated to pay such overdue assessments, charges or fees,
or monthly or other installments thereof, and may also proceed to foreclose its lien against such
Lot Owner's Lot. An action at law or in equity by the Association against a Lot Owner to
recover a money judgment for unpaid assessments, charges or fees, or monthly or other
installments thereof, may be commenced and pursued by the Association without foreclosing,
or in any way waiving, the Association's lien.
5.6 Working Fund. The Association or Declarant shall require the first Lot Owner
of each Lot (other than Declarant) to make a nonrefundable payment to the Association in an
amount equal to one-sixth of the amual Common Expense Assessment against that Lot in effect
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at the closing thereof, which sum shall be held, without interest, by the Association as a
"working fund. " The working fund shall be collected and transferred to the Association at the
time of closing of each sale by Declarant of each Lot and shall be maintained for the use and
benefit of the Association. Such payment shall not relieve a Lot Owner from making regular
payments of the assessments when due. Upon the transfer of a Lot, a Lot Owner of same shall
be entitled to a credit from the transferee for any unused portion of the working fund.
ARTICLE VI
DESIGN REVIEW
6.1 Design Guidelines. The Association shall adopt, establish and publish from time
to time Design Guidelines. The Design Guidelines shall :not be inconsistent with this
Declaration, but shall more specifically define and describe the design standards for Mountain
Meadows at Prince Creek. The Association may also establish reasonable criteria, including,
without limitation, requirements relating to design, scale and color, as the Association may deem
appropriate in the interest of preserving the aesthetic standards of Mountain Meadows at Prince
Creek. The Design Guidelines may be modified or amended from time to time by the
Association. Further, the Association, in its sole discretion, may excuse compliance with such
requirements as are not necessary or appropriate in specific situations and may permit
compliance with different or alternate requirements. Cbmpliance with the Association's Design
Review process shall not be a substitute for compliance with applicable governmental building,
zoning and subdivision regulations. Each [,ot Owner Shall be responsible for obtaining all
approvals, licenses and permits as may be required before commencing construction.
6.2 Design Review. ,The Association shall review, study and either approve or reject
proposed Improvements in Mountain Meadows at Prince Creek, in compliance with this
Declaration and the DeSign Guidelines. In any Design Review, the Association shall exercise
its best judgment to see that all,"Improvements conform and harmonize with any existing
structures as to external design, quality and type of construction, materials, color, location,
height, grade and finished ground elevation and all aesthetic considerations set forth in this
Declaration and in the Design Guidelines. The Association's exercise of discretion in approval
or disapproval of plans or with respect to any other matter before it, shall be conclusive and
binding on all parties. ::
6.3 ,Design Review Procedures. The President or other executive officer of the
Association shall preside over all meetings for Design Review and shall provide for reasonable
notice to each member of the Association before any such meeting. The notice shall set forth
the time and place of the meeting, and notice may be waived by any member. The affirmative
vote of the majority of the members of the Association shall govern its actions and be the act
of the Association. A quorum shall consist of a majority of the members. Any applicant
member seeking a Design Review nevertheless shall be entitled to vote on any action or
decision. The Association may avail itself of technical and professional advice and consultants
as it deems appropriate. The Association shall make such rules as it may deem appropriate to
govern its such proceedings.
6.4 Design Review Expenses. The Association shall have the right to charge a
reasonable fee for each application submitted to it for Design Review, in an amount which may
be established by the Association from time to time, and recover the reasonable costs and
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expenses of any technical and professional advice and consultants required to properly consider
the application and to generally defray the expenses of the Association for this purpose.
6.5 Limitation of Liability. The Association shall use reasonable judgment in
accepting or rejecting plans and specifications submitted to it for Design Review. Neither the
Association, Declarant, nor any officer, Executive Board member or individual Association
member, shall be liable to any person for any act of the Association concerning submitted plans
and specifications, except for wanton and willful acts. Approval by the Association does not
necessarily assure approval by any goveffrmental authority having jurisdiction. Notwithstanding
Association approval of plans and specification, neither the Association nor any of its members
shall be responsible or liable to any Lot Owner, developer or contractor with respect to any loss,
liability, claim or expenses which may arise because of approval of the construction of the
Improvements. Neither the Executive Board, the Association, nor Declarant, nor any of their
employees, agents or consultants shall be responsible in any way for any defects in any plans
or specifications submitted, revised or approved in accordance with the provisions of the
Declaration, nor for any structural or other defects in any work done according to such plans
and specifications.
ARTICLE VII
CONSTRUCTION AND ALTERATION OF IMPROVEMENTS
7.1 General. The Design Guidelines and the provisions set forth in these Covenants
shall govern the right of a Lot Owner to construct, reconstruct, refinish, alter or maintain any
Improvement upon, under or above any of Mountain Meadows at Prince Creek, and to make or
create any excavation or fill on Mountain Meadows at Prince Creek, or make any change in the
natural or existing surface contour or drainage, or install any utility line or conduit on or over
Mountain Meadows at Prince Creek.
7 .2 Approval Required. No Improvement in MountainMeadows at Prince Creek shall
be erected, placed, reconstructed, replaced, repaired or otherwise altered, nor shall any
construction, repair or -reconstruction be commenced until plans for such Improvement shall have
been approved by the Association; provided, however, that Improvements and alterations which
are completely within a structure may be undertaken without such approval.
1.3 Specific Requirements for Buildings. Subject to governmental regulations, no
buildings shall be placed, erected, altered or permitted to remain on any Lot other than one (1)
single family dwelling, one (1) attached or detached garage or other non-residential outbuilding
other than a garage not exceeding one hundred (100) square feet. All buildings shall be located
wholly within the building envelope designated for a Lot as depicted on the Plat. The building
size of the principal dwelling on any Lot shall not be less than 1,500 feet nor more than 6,000
square feet, exclusive of all areas utilized for garages and open porches. Each Lot will include
plumbing fixtures using low water use technology. All Lots will utilize white or earth tones for
exterior surfaces and non-reflective roofing materials.
7.4 Mt. Sopris View Corridor. No building shall be constructed as to significantly
interfere with the view of Mt. Sopris from any other Lot.
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7 .5 Building Height Limitation. No building shall exceed a height of twenty-five feer(25') as measured vertically from the undisturbed or natural ground ,u.fu.. at the midpoint
between the front and rear walls of any building to the highest point of the roof.
7.6 Fireplaces and Stoves. In orcler to protect against air quality degradation from
the utilization of solid fuel burning devices, no open hearth solid fuel fireplacls shall be allowed.
There shall be no restriction on the number of natural gas burning fiieplaces or appliances.
Each dwelling unit will be allowed one (1) new wood-burning stove as defined by C.R.S. z5-7-
407, et. seq., and the regulations promulgated thereunder.
7.7 Fences and Hedges. The type and location of all fences and hedges will be
subject to the approval of the Design Review Committee prior to installation. Orty wooden
fences shall be permitted within the Property, with limited exceptions for small gardens, kennels,play areas for small children or otherwise and only in circumstances where a wooden fencewould not serve the required purpose. Barbed wire fencing shall be prohibited. The Design
Review Committee shall consider the effect on wildlife activity prior to approving ury ..qu.rt!dfencing. Wood fencing shall not exceed forty-two (a2) inchei in height, shall not have more
than two (2) horizontal poles with spacing of at Ieast eighteen inches (18") between rails andwith the bottom rail at least twenty-four inches (24") above the ground. No fences or hedges
shall be constructed, grown or maintained on any Lot higher than six (6) feet above ground
level, but this restriction shall not apply to patio fences attached to dweliings.
7 .8 Deemed Nuisances. Every'viotaiion of this Declaration is hereby declared to be
a nuisance, and every public or private remedy aitowed for such violation by law or equity shall
be applicable.
7.9 Removalii'ol Nonconforming Improvements. The Association after reasonable
notice to the offender and to the Lot Owner, may remove any Improvement constructed,
reconstructed, refinished, altered or maintained violating these Covenants, and the Lot Ownerof the ImproVement shall immediately reimburse the Aisociation for all expenses incurred in
such remoVal.
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ARTICLE VIII
PROPERTY USE RESTRICTIONS
8.1 General Restriction. The Property shall be used only for residential purposes asset forth in these Covenants as the same may be amended from time, as permitted by the
applicable regulations of the County of Garfield and the laws of the State of Colorado and the
United States, or other specific recorded covenants affecting all or any part of the property.
8.2 Subdivision of Lots. No Lot may be subdivided.
8.3 Vehicles. No trucks, trail bikes, recreational vehicles, moror homes, motor
coaches, snowmobiles, campers, trailers, boats or boat trailers, or similar vehicles (other than
passenger automobiles or pickup or utility trucks with a capacity of one ton or less) or any other
vehicles shall be parked, stored, or in any manner kept or ptaceO on any portion of the property
except in an enclosed garage or screened enclosure. This restriction,
-however,
shall not bedeemed to prohibit commercial and construction vehicles, in the ordinary course of business,
Ilr\its\Al-l,liN\D,ft ARiT Di:fr D{ar rrrer 10
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from making deliveries or otherwise providing service to t
construction by Declarant or Lot Owners.
11
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8.4 Excavation or Fill. No excavation or fill shall be made except in connection with
Improvements approved as provided in these Covenants. For purpoies of this Section,"excavation" shall mean any disturbance of the surface of the lind (except to the extent
reasonably necessary for approved landscape planting) which results in a removal of earth, rock
or other substance a depth of more than 18 inches below the natural surface of the land. For
the purposes of this Section, "fill" shall mean any importation and placement of earth, rock or
other substance a height of more than eighteen inches (18") above the natural surface of the
land.
8.5 Erosion and Vegetation Control. The surface of the Property, including all Lots,
shall be maintained in a condition which will minimize the risk oi soil erosion and weedinfestation' All excavations, fills and other construction which disturb the existing vegetation
shall be revegetated with weed free seed and mulch. Any disrurbed area on a Lot shall be fully
restored by the Lot Owner and, upon failure to do so, the Association may take such remedial
action as is necessary to accomplish such restoration and shall charge the cost of same to the
responsible Lot owner as an Assessment under Section 5.1 above.
8.6 Wells. No well from which,water, oil, or gas is produced shall be dug, nor shall
storage tanks, reservoirs, or any installation of power, telephone, or other utility lines (wires,
pipe, or conduit) be made or operated anywhere on the Property except in connection with water
wells and works installed by Declarant; provided, however, that the ioregoing shall not prevent
the drilling of or installation of additional::*ater weils by Declarant or the Association.
8.7 Signs. No.,rig^ of.any kind shall be displayed to the public view on or from any
portion of the Property except ordinary real estate sale signs, signs approved by the Association,
or signs required by law.
8 8- _Animalland Pets. No animal, livestock, or poultry of any kind shall be kept,
raised, or bred on any Lot, except that not more than one (1) dog, trvo (2) tats and other typical
small household
_
pets, such as birds and fish, may be allowed. The following special
requirements apply to the single dog permitted on "u.h Lot,
..
(a) Each dog shall be kept under the control of the Lot owner at all times and
shall not be permitted to run free or to cause a nuisance on the property.
(b) No dog shall be allowed to bark excessively, which is defined as barking
more or less continuously during any 15-minute period.
(c) Each dog shall be leashed or kept in a humane kennel or run at all times.
Metal chainlink fencing will be allowed for the purposes of kenneling a dog. The
location and style of each kennel shall be subject to review by the Design Review
Committee- A kerurel shall be installed prior to issuance of a Certificate of b."upur"y
fbr any Lot if the Lot Owner possesses a dog at such time and, in any event, prior to the
introduction of a dog on any Lot.
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(d) All Lot Owners shall keep dogs reasonably
all Lots shall be kept free of animal waste.
and free of disease and
(e) Should any dog chase or molest deer, elk, poultry or any domestic animals
or persons, or destroy or disturb property of another, the Association may prohibit the
Lot Owner from continuing to keep the offending dog on such Owner's Lot. If
necessary, to protect wildlife or other Owners' domestic animals, persons or property,
the Association may take additional steps, including the destruction of the offending dog.
Except in an emergency or as provided by law, the Owner of an offending dog shall be
provided written notice of such action at least five (5) days before disposal occurs. Such
notice shall be posted on the front door of the residence of the Owner of the offending
dog. Within such five (5) day period, the offending dog may be kerureled at a licensed
kennel with all costs incurred by the Association assessed against the Owner.
(0 The Association shall assess and enforce penalties against Owners violating
the restrictions applying to dogs as follows: One Hundred Dollars ($100.00) for the first
violation. The fine shall be increased by One Hundred Dollars ($100.00) for each
succeeding violation.
8.9 Drainagg. No Lot Owner shall dol or permit any work, construct any
Improvements, place any landscaping or suffer the existence of any condition whatsoever which
shall alter or interfere with the drainage pattern for the Property, or cause any discharge onto
any adjacent property, except to the extent such alteration and drainage pattern is approved in
writing by the Association and any other affected property owner.
8.10 Sanitatio,.n,. No tiash, ashes, garbage, rubbish, debris or other refuse shall be
thrown, dumped or allowed to accumulate on the Property. There shall be no burning of refuse.
Each Lot Owner shall provide suitable receptacles for the temporary storage and collection of
refuse. All such:receptacles shall be icreened from the public view and protected from wind,
animals ana oinei dirturbur..r. Each Lot shall be kept in a reasonably sanitary condition, free
of offensive odors and protected from rodent and insect infestations.
8. 11 ,, Temporary Structures. No temporary structures shall be permitted except as may
be determined,,to be necessary during construction and specifically authorized by the Association.
8.I2 Towers and Antennae. No towers or exterior radio, television and
communications antennae shall be permitted without the prior written consent of the Association.
Dish receivers shall be screened from view.
8.13 Outside Burning. There shall be no exterior fires, except barbecues, outside
fireplaces and braziers. No Lot Owner shall permit any condition upon such Lot Owner's Lot
which creates a fire hazard or is in violation of fire prevention regulations.
8.14 Noise. No exterior horns, whistles, bells or other sound devices, except security
devices shall be placed or used on any portion of the Property. Lot Owners shall not permit any
noise or disturbance on their respective Lots which is offensive, disturbing or otherwise
cletrimental to any other person.
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8.15 Lighting. No flood lighting, security lighting or other kind of high intensity
lighting which is not shielded to prevent glare on adjacent Lots shall be permitted without the
written approval of the Design Review Committee.
8.16 Obstructions. There shall be no obstruction or interference with the free use of
the roadway, water system or any easement, except as may be reasonably required for repairs.
The Association shall promptly take such action as may be necessary to abate or enjoin any
interference with or obstruction of any easement. The Association shall have a right of entry
on any part of the Property for the purposes of enforcing this Section. Any costs incurred by
the Association in connection with such enforcement shall be assessed to the persons responsible
8.I7 Service Facilities. All clothes lines, storage tanks, equipment, service yards,
wood piles and similar service facilities shall be screened by adequate plantings or fencing so
as to conceal same from other Lots and streets and roads.
8.18 Maintenance of Landscaping. Each Lot Owner shall keep the landscaping siruate
on such Owner's Lot in a neat and well maintained fashion, shall properly irrigate the lawns and
other planting on such Lot and shall otherwise maintain the appearance of such Lot in a first
class condition.
8.19 Continuitv of Construction, All Improvements corlmenced on the Property shall
be prosecuted diligently to completion and shall be complete within 12 months of
commencement, unless an exception is granted in writing by the Association.
8.20 Minerals.:: No portion of the surface of the Property shall be used for the
exploration, extraction or storage of oil, gas, minerals, sand, gravel, rock, earth or other
materials.
8.2t,,'' NuiSanceq. No obnoxious or offensive activity shall be carried on within the
Properfy::so as to unreasonably interfere with or disturb the use, enjoyment and access of any
other oc@ant of the Property, nor shall anything be done or permitted which constitutes a
public nuis e. No nuisance shall be permitted to exist or operate upon the Property so as to
be offensiv. Or,,O"rrt*ental to any other part of the Property or its occupants.
8.22 Compliance With Laws. Subject to the rights of reasonable contest, each Lot
Owner shaU pffitly comply with the provisions of all applicable laws, regulations and
ordinances with respect to Mountain Meadows at Prince Creek including, without limitation, all
applicable environmental laws and regulations.
ARTICLE IX
MAINTENANCE
9.1 Association's Maintenance Responsibility. The Association shall maintain and
keep the Common Elements in good condition and repair the cost of which shall be included
as part of the Common Expenses, subject to the Bylaws and Association Rules. If, due to the
act or neglect of a Lot Owner or a Lot Owner's invitee, guest or any other occupant of a Lot,
damage shall be caused to the Common Elements or to a Lot owned by another, then such Lot
13rr Jksr l.r,,N\Dljcl^kit Ir,r! tItd4/25/95
Owner shall pay the costs of repairs and replacement as may be determined necessary or
appropriate by the Association. Such obligation shall be an assessment against such Lot Owner
secured by the lien provided for in Section 5.1 above.
9.2 Unit Owner's Maintenance Responsibility. Except as provided otherwise in the
Declaration or by written agreement with the Association, all maintenance of individual Lots
including without limitation, all Improvements, individual sewage disposal systems (ISDS),
utility systems and utility lines from the point of connection to the common system shall be the
sole responsibility of the respective Lot Owners. Each Lot shall be maintained in a good, clean
and attractive condition and repair consistent with the requirements of a first class residential
development. In the event a Lot Owner should fail to keep any utility system (including any
ISDS) in good repair, the Association, without limiting any o.ther remedy available under this
Declaration or applicable law, may enter upon said Lot for the purpose of inspecting such utility
system and if the Lot Owner refuses to make necessary repairs, the Association may do so and
the costs of such repairs shall be charged to the Lot Owner and collected pursuant to Article V
of this Declaration. Not less than biennially, each Lot Owner shall provide the Association
evidence of an inspection and necessary pumping of such Lot owner's ISDS.
ARTICLE X
INSURANCE
10.1 Association's Insurance Responsibilitv. The Association shall maintain all
insurance coverage required by the provisions of C.R.S. 38-33.3-101, et. seq., as the same may
be amended from time to time,,,together with such other insurance as the Executive Board of the
Association shall deem advisable.
lO.2 Unit Ownet's Insurance Responsibilit)r. Each I-ot Owner shall maintain all
insurance coverage for iuCh Ownef?s Lot as deemed appropriate by such Lot Owner. In
addition, each toJ Owner shall be responsible for insuring all personal property on the Lot, as
well as general liability insuiance and any other insurance coverage deemed appropriate by such
Lot Owner.
ARTICLE XI
DEVELOPMENT RIGHTS AND OTHER SPECIAL DECLARANT RIGHTS
11.1 Development Rights and Special Declarant Rights. The Declarant reserves the
following Development Rights and other Special Declarant Rights for the maximum time limit
allowed by law:
The right to complete or make improvements indicated on the Plat;
The right to maintain sales and management offices;
(c) The right to maintain signs on the Property to advertise the sale of Lots
in Mountain Meadows at Prince Creek;
(a)
(b)
14t uRs\At_r riN\lrict^R^ r
ARTICLE XII
ENFORCEMENT OF COVENANTS
12.l Violation Deemed a Nuisance. Every violation of this Declaration is deemed to
be a nuisance and is subject to all the remedies provided for the abatement of the violation. In
addition, all public and private remedies allowed at law or equity against anyone in violation of
these Covenants shall be available.
12.2 Compliance. Each Lot Owner anO any..,.611rer occupant of any part of the property
shall comply with the provisions of these,,,Covenants ai the same may be aminded from time to
time. Failure to comply with these Covenants shall be grounds for an action to recover damages
or for injunctive relief to cause any such violation to be remedied, or both.
12.3 Who May Enforce. Any action to erlorc" these Covenants may be brought by
the Declarant or the Executive,,,,lEoarO in the name of the Association on behalf of the Lot
Owners. If, after a written reqlest from an aggrieved Lot Owner, neither of the foregoing
entities corlmence an action to enforce these Covenants, then the aggrieved Lot Owneimay
bring such an action. ,
(d) The right to use, and to permit others to use, easements on the Property
as may be reasonably necessary for the purpose of discharging Declarant's obligations
under the Act and this Declaration; and
(e) The right to appoint or remove any officer of the Association or any
Director during the Declarant control period consistent with the Act.
ll.2 Limitations on Development Rights and Special Declarant Rights. Unless sooner
terminated by a recorded instrument signed by Declarant, any Development Right or Special
Declarant Right may be exercised by the Declarant for the period of time specified in the Act.
12,,4 Nonexclusive Remedies. All the remedies set forth herein are cumulative and not
exclusive.
12.5 Nonliability. No member of the Executive Board, the Declarant, the Association
or any Lot Owner shall be liable to any other Lot Owner for the failure to enforce these
Covenants at any time.
12.6 Recovery of Costs. If legal assistance is obtained to enforce any provision of
these Covenants, or in any legal proceeding (whether or not suit is brought) for damages or for
the enforcement of these Covenants or the restraint of violations of these Covenants, the
prevailing party shall be entitled to recover all costs incurred, including reasonable attorney's
fees "
ll:\rRS\ l-l ljN\t)IrtnR I lhfi ,),rd 4/25/95 15
ARTICLE XIII
MISCELLANEOUS PROVISIONS
13.1 Severabilit),. This Declaration, to the extent possible, shall be construed or
reformed to give validity to all of its provisions. Any provision of this Declaration found to beprohibited by law or unenforceable shall not invalidate any other provision.
13.2 Construction. In interpreting words in the Declaration unless the context shall
otherwise provide or require, the singular shall include the plural, the plural shall include the
singular, and the use of any gender shall include all genders.
I3-3 Headings. The headings are included only for reference and shall not affect the
meaning or interpretation of this Declaration.
13.4 Notice. All notices or requests required shall be inwriting Notice to any Lot
Owner shall be considered delivered and effective upon personal delivery, or three (3) days after
posting when sent by certified mail, return receipt requested, to the add.es of the Lot Owner
on file in the records of the Association at the time of the mailing. Notice to the Association
or the Executive Board shall be considered delivered and effective upon personal delivery, or
three (3) days after posting when sent by certified mail, return ieceipt requested, to the
Association or the Executive Board at the address established by the Association from time to
time by notice to the Lot Owners. General notices to all Lot Owners need not be certified, but
13.5 Waiver. No failure by the Association or the Executive Board to give notice of
default or any delay in exercising any right or remedy shall operate as a waivir, except as
specifically provided ao-ove. No waiver shall be effective unless it is in writing signed Uy ttre
President or Vice President of the Executive Board on behalf of the Association.
!3 6 Amendment and Mortgagee Requirements. Except as otherwise provided by the
Act, unleSS at least fifry-one percent (51%) of the First Mortgagees (based on one vote for each
First Mort$age owned) and at least sixty-seven percent (67 %t of the Lot Owners have given
their prior written approval, the Association shall not be entitled to amend provisions affecting
the followingl voting rights, assessments and assessment liens, reserves, maintenance and repair
responsibilities, reallocation of interests in common elements, redefinition of Lot boundaiies,
convertibility of tots into Common Elements, expansion or contraction of Mountain Meadows
at Prince Creek, insurance or fidelity bonds, leasing of Lots, restrictions on sales or transfers,
decisions to self-manage, restoration or repair of Mountain Meadows at prince Creek,
termination after destruction or condemnation and benefits of mortgagees, insurers or guarantors.
Unless a First Mortgagee provides the Secretary of the Association with written notice of its
objection, if any, to any proposed amendment of action outlined above within 30 days following
the First Mortgagee's receipt of notice of such proposed amendment or action, the First
Mortgagee will be deemed conclusive to have approved the proposed amendment or action. The
term "Mortgage" shall include a Deed of Trust and the term "Mortgagee" shall include a
beneficiary under a Deed of Trust.
13.l Rule Against Perpetuities. Notwithstanding anything in this Declaration to thecontrary, if any of the covenants, conditions. restrictions, easements or other provisions of this
l6,l uRs\AI_l tN\t)IrtlRAr. tnili lrk{ {/25/a5
Declaration shall be unlawful, void or voidable for violation of the rule against perpetuities, then
such provisions shall terminate on the death of the survivor of the now living children of His
Royal Highness, Charles, Prince of Wales, plus twenty-one (21) years.
13.8 Term. This Declaration and any amendments or supplements hereto shall remain
in effect from the date of recordation until December 31 ,2025. Thereafter, these Covenants
shall be automatically extended for five (5) successive periods of ten (10) years each, unless
otherwise terminated or modified as provided herein or by the Act.
IN WITNESS WHEREOF, the Declarant has executed this Declaration this _ day
of , 1995.
, 1995, by Anneliese K. Allen.
WITNESS my hand and official seal.
My Commission Expires:
Notary Public
11lr !rsr r.r_r:N\rnfrlRA'r tLrn tLrd 3/25/rJ
ARTICLES OF INCORPORATION
OF
MOUNTAIN MEADOWS AT PRINCE CREEK HOMEOWNERS ASSOCIATION
(A NONPHOFTT CORPORATTON)
The undersigned natural person, being more than twenty-one years of age, and
acting as incorporator, does hereby establish a nonprofit corporation under and by
virtue of the Colorado Nonprofit Corporation Act and adopts the following Afiicles of
lncorPoration: i ?iio:+l5f i5il' [i]
ARTICLE 1 EEiHITARY ':1F IT*TE
NAME -il!-i7-':i ii:5u
The name of the nonprofit corporation is: Mountain Meadows at Prince Creek
Homeowners Association ("the Association").
ARTICLE II
DURATION
The Corporation shall have perpetual existence.
The Corporation shall be
ARTICLE III
NONPROFIT
a nonprofit corporation,
ARTICLE IV
PURPOSES
without shares of stock.
The purposes for which the Corporation is formed are as follows:
(a) To be and constitute the Association to which reference is made in the
Declaration of Covenants, Conditions, Restrictions and Easements (the "Declaration")
for the Mountain Meadows at Prince Creek Homeowners Association, located in
Carbondale, Colorado, which Declaration is to be recorded in the Office of the Clerk
and Recorder of Gar{ieid County, Colorado and to operate the Common lnterest
Community for same, in accordance with the requirements for an association of Unit
Owners charged with the administration of property under the Colorado Common
lnterest Ownership Act, C.R.S.38-33.3-101, et seq., as amended from time to time
(the "Act"). Each capitalized term not othenruise defined in these Articles shall have
the meanings specified or used in the Act. Without limiting the generality of the
foregoing, the Association may perform the following acts and seruices on a
not-for-profit basis:
(i) To acquire, construct, manage, superuise, care for, operate,
maintain, renew and protect any buildings, structures, grounds, roadways and other
facilities, installations and appudenances thereto relating to the property of the
Common lnterest Community; to enforce any and all covenants, restrictions and
I uas,.\ll]:\r^Rl10Jl Itc
agreements applicable to the Common lnterest Community; and, insofar as permitted
by law, to do any other thing that, in the opinion of the Executive Board, will promote
the common benefit and enjoyment of the residents of the Common lnterest
Community.
(ii) To prepare estimates and budgets of the costs and expenses of
rendering these services and the performance, or contracting or entering into
agreements for this per{ormance, as provided for in or contemplated by this
subparagraph (ii); to apportion these estimated costs and expenses among the Unit
Owners; and to collect these costs and expenses from the Unit Owners obligated to
assume or bear the same; and to borrow money for the Association's purposes,
pledging as security the income due from Unit Owners and from others, the property
of the Association.
(iii) To enforce, on behalf of the Unit Owners, rules made or
promulgated by the Executive Board with respect to the safe occupancy, reasonable
use and enjoyment of the buildings, structures, grounds and facilities of the Common
lnterest Community, and, to levy fines to enforce compliance with these rules.
(iv) To perform, or cause to be performed, all other and additional
services and acts as are usually performed by managers or managing agents of real
estate developments, including without limitation, keeping or causing to be kept,
appropriate books and records, preparing and filing necessary reports and returns,
and making or causing to be made.audits of books and accounts.
(b) To retain counsel, auditors, accountants, appraisers and other persons or
services that may be necessary for or incidental to any of the activities described in
this document.
(c) To do and perform, or cause to be performed, all other necessary acts
and services suitable or incidental to any of the foregoing purposes and objects to the
fullest extent permitted by law, and to acquire, sell, mortgage, lease or encumber any
real or personal property for these purposes.
(d) To promote the health, safety, welfare and common benefit of the
residents of the Cclmmon lnterest Community.
(e) To do any and all permitted acts, and to have and to exercise any and
all powers, rights and privileges which are granted to a Common lnterest Community
Association under the Act, the Declaration, the Bylaws, and the laws applicable to a
nonprofit corporation of the State of Colorado.
The foregoing statements of purpose shall be construed as a statement of both
purposes and powers. The purposes and powers stated in each clause shall not be
limited or restricted by reference to or inference from the terms or provisions of any
other clause, but shall be broadly construed as independent purposes and powers.
The Association shall not, except to an insubstantial degree, engage in any activities
B:\n!".rylrn6lM
or exercise any powers that are not in furtherance of the primary purposes of the
Association.
ARTICLE V
MEMBERS
Every person, by virtue of being a Unit Owner and while such person is a Unit
Owner, shall be a member of the Association. Membership shall be apputtenant to
and may not be separated from Ownership of any Unit. Membership shall be
automatically transferred upon the conveyance of a Unit. No Unit Owner, whether one
or more persons, shall have more than one membership per Unit owned, but all of the
persons owning each Unit shall be entitled to rights of membership and use and
enjoyment appurtenant to such Ownership. Voting shall be based on one vote per
Unit. The members shall be of one class as defined in the Declaration. Unit Owners
shall elect all members of the Executive Board and shall otherwise have all rights o{ a
Unit Owner as provided by the Act. Notwithstanding the foregoing, during the period
of Declarant control as defined in the Act and in the Declaration, the Declarant of the
Common lnterest Community shall have certain superseding rights and powers as
permitted under the Act and the Declaration, including the right to appoint members of
the Executive Board. Holders of Security lnterests in the Units may have, or be
granted, rights of approval or disapproval for certain actions of the Association or its
members.
- ARTICLE VI
EXECUTIVE BOARD
The initial Executive Board shall consist of three (3) persons, and this number
may be changed by a duly adopted amendment to the Bylaws, except that in no event
may the number of directors be less than three (3). The names and addresses of the
perions who shall serve as directors until their successors shall be elected and
qualified are as follows:
Name
Wilmer C. Allen
Anneliese K. Allen
Sonya E. Allen
Address
1215 County Road 111
Carbondale, CO 81623
1215 County Road 111
Carbondale, CO 81623
1215 County Road 111
Carbondale, CO 81623
ARTICLE VII
LIMTTATION OF LIAB ILTTY
The Association shall indemnify its directors and officers to the fullest extent
permitted by Colorado law as the same now exists or may hereafter be amended.
The personal liability of a director or officer to the Association or its members for
monetary damages for breach of fiduciary duty as a director or officer is limited to the
fullest extent permitted by Colorado law as the same now exists or may hereafter be
amended. The foregoing provisions of this Arlicle shall be deemed to be a contract
between the Association and each director and officer who serves in such capacity at
any time while this Article is in effect, and any repeal or modification hereof shall not
affect the rights or obligations then or theretofore existing or any action, suit or
proceeding theretofore or thereafter brought based in whole or in part upon any such
stated facts. The foregoing right of indemnificaiion shall not be deemed exclusive of
any other rights to which any director or officer may be entitled apart from the
provisions of this Arlicle.
ARTICLE VIII
INITIAL REGISTERED OFFICE AND AGENT
The address of the initial registered office of the Association is Wilmer C. Allen.
The name of its initial registered agent at such address is 12't5 County Road 111,
Carbondale, Colorado, 8'l 623.
ARTICLE IX
INCORPORATOR
The name of the incorporator is Wilmer C. Allen and the incorporator's address
is 1215 County Road 111, Carbondale, Colorado,81623.
ARTICLE X
AMENDMENT
Amendment of these Articles shall require the assent of at least 67 percent of
the Members.
lN WITNESS WHEREOE, the undersigned has subscribed his name to these
^.1\'Articles of lncorporation this a(A day of Februa
The undersigned, Wilmer C. Allen, hereby consents to appointment as the initial
registered agent as provided above.
Wilmer C. Allen, lncorporator
Wilmer C. Allen
H\A!l@n(ar{
e(o)DY
BY.LAWS
OF
MOUNTAIN MEADOWS AT PRINCE CREEK
HOMEOWNERS ASSOCIATION
INTRODUCTION
These Bylaws of Mountain Meadows at Prince Creek Homeowners Association,
(the "Association') are adopted for the regulation and management of the Association in
conformance with the Colorado Nonprofit Corporation Act, C.R.S.7-20-101, et seq., as
amended from time to time (the "Nonprofit Corporation Act") and the Colorado Common
lnterest Ownership Act, C.R.S. 38-33.3-101, et seq., as amended from time to time (the
'Act"). The Association is referenced in the Declaration of Covenants, Conditions,
Restrictions and Easements (the "Declaration") for the Mountain Meadows Subdivision,
located in Carbondale, Colorado, which Declaration is to be recorded in the Office of the
Clerk and Recorder of Garfield County, Colorado. The Association is to operate the
Common lnterest Community for same, in accordance with the requirements for an
association of Unit Owners charged with the administration of property under the Act.
Each capitalized term not otherwise defined in these Articles shall have the meaning
specified or used in the Act or as defined in the Declaration'
ARTICLE I
uNlr owNERS/MEMBERS
1.1 Unit Owners/Members. Every Unit Owner while such person is a Unit
Owner, shall be a Member of the Association. Membership shall be appurtenant to and
may not be separated from Ownership of any Unit. No Unit Owner, whether one or more
persons, shall have more than one membership per Unit owned, but all of the persons
owning each Unit shall be entitled to rights of membership and use and enjoyment
appurtenant to such Ownership.
1.2 Annual Meeting. Annual meetings of Members shall be held in December
of each year on such date and time as set forth in the notice. At the annual meetings,
the Directors of the Executive Board shall be elected by ballot of the Members, in
accordance with the provisions of Article ll of these Bylaws. The Members also shall set
a time (within 10 days of each such annual meeting) and place for the first regular
meeting of the Executive Board. The Members may transact other business as may
properly come before them at these annual meetings.
1.3 Special Meetings. Special meetings of the Association may be called by
the president, by a majority of the Directors of the Executive Board or by Members
comprising 20 percent of the votes in the Association.
1.4 Place of Meetings. Meetings of the Members shall be held at the Property
or at a suitable place convenient to the Members, as may be designated by the Executive
Board.
1.5 Notice of Meetings. The secretary or other officer specified in the Bylaws
shall cause notice to be hand delivered or sent prepaid by United States mail to the
mailing address of each Unit or to the mailing address designated in writing by the
MembEr, not less than ten (10) nor more than fifty (50) days in advance of a meeting.
Such notice shall state the time and place of the meeting and the items on the agenda,
including, if applicable, the general nature of any proposed amendment to the Declaration
or thesJbylaws, any budgel changes, and any proposal to remove an officer or member
of the Exetutive Boird. No action shall be adopted at a meeting except as stated in the
notice.
1.6 Waiver of Notice. Any Member may, at any time, waive notice of any
meeting of the Members in writing, and the waiver shall be deemed equivalent to the
receipt of notice.
1.7 Adjournment of Meeting. At any meeting of Members, a majority of the
Members who aie present at that meeting, either in person or by proxy, may adjourn the
meeting to another time.
1.8 Order of Business. The order of business at all meetings of the Members
shall be as follows:
(a) Roll call or equivalent check-in procedure of Members present and entitled
to vote;
(b) lnspection and verification of proxies
(c) Proof of notice of meeting;
(d) Reading of minutes of preceding meeting;
(e) Reports of officers;
(f) Committee reports;
(g) Establish number and terms o{ Directors of the Executive Board (if required
and noticed);
Election of inspectors of election (when required);
Election of Directors of the Executive Board (when required);
0) Establish a time (within 10 days of the annual meeting) and place for the
first regular meeting of the Executive Board;
(k) Ratification of budget (if required and noticed);
(h)
(i)
(l) Unfinished business; and
(m) New business.
1.9 Voting. Voting shall be based on one vote per Unit. The Members shall
be of one class as defined in the Declaration.
(a) lt only one of several co-owners of a Unit is present at a meeting of the
Association, the owner present is entitled to cast the vote allocated to the Unit. lndividual
co-owners may not cast fractional votes. lf more than one of the co-owners are present,
the vote allocated to the Unit may be cast only in accordance with the agreement of a
majority in interest of the co-owners. There is majority agreement if any one of the co-
owners casts the vote allocated to the Unit without protest being made promptly to the
person presiding over the meeting by another co-owner of the Unit, in which case such
Member's vote shall not be counted. The Members shall be of one class as defined in
the Declaration.
(b) Votes allocated to a Unit may be cast under a proxy duly executed by a
Member, provided that any proxy shall be filed with the Secretary of the Association at
least 24 hours prior to the time of any meeting. lf a Unit is owned by more than one
person, each owner of the Unit may vote or register protest to the casting of votes by the
other owners of the Unit through a duly executed proxy. A Member may revoke a proxy
given under this section only by actual notice of revocation to the person presiding over
a meeting of the Association. A proxy is void if it is not dated or purports to be revocable
without notice. A proxy terminates one year after its date, unless it specifies a shorter
term.
(c) The vote of a corporation or business trust may be cast by any officer of
that corporation or business trust in the absence of express notice of the designation of
a specific person by the board of directors or bylaws of the owning corporation or
business trust. The vote of a partnership may be cast by any general partner of such
entity in the absence of express notice of the designation of a specific person by the
owning partnership. The vote of a limited liability company may be cast by any manager
of such entity in the absence of express notice of the designation of a specific person by
the owning limited liability company. The moderator of the meeting may require
reasonable evidence that a person voting on behalf of a corporation, partnership, limited
liability company or business trust owner is qualified to vote.
1.10 Quorum. Members present in person or by proxy at any meeting of
Members but no less than 20 percent of the Members, shall constitute a quorum at that
meeting.
1.11 Majority Vote. The vote of a majority of the Members present in person or
by proxy at a meeting at which a quorum is present shall be binding upon all Members
{or all purposes except where a higher percentage vote is required in the Declaration,
these Bylaws or by law.
ARTICLE I
EXECUTIVE BOAHD
2.1 Number and Quatification. The affairs of the Common lnterest Community
and the Association shall be governed by an Executive Board which shall consist of three
(3) persons to be known as I'Directorso, who, excepting the Directors appointed by the
Declarant, shall be Unit Owners. lf any Unit is owned by a partnership or corporation,
any officer, partner or employee of that Unit Owner shall be eligible to serye as a Director
and shall be deemed to be a Unit Owner for the purposes of the preceding sentence.
Directors shall be elected by the Unit Owners, except for those appointed by the
Declarant. Directors shall serve until their successors are duly elected and qualified.
2.2 Powers and Duties. The Executive Board may act in all instances on
behalf of the Association, except as provided in the Declaration, the Articles of
lncorporation of the Association (the 'Articles'), these Bylaws or the Act. The Executive
Board shall have, subject to the limitations contained in the Declaration, the Articles and
the Act, the powers and duties necessary for the administration of the affairs of the
Association and of the Common lnterest Community, which shall include the powers and
duties set forth in the Declaration.
2.5 Election and Term of Office. At annual meetings of the Members of the
Association to be held as herein provided, the terms of office of the Directors may be
fixed for such period of time as the Members entitled to vote may determine, and such
terms may be staggered, that is to say, various Directors may be elected for terms of
different lengths so that there will be a carryover of old Directors at each annual meeting,
and only new Directors will be designated thereafter, provided that nothing herein
contained shall prevent the election of a Director whose term has expired to a new term
as such Director. At any meeting at which Directors are to be elected, the Members may,
by resolution, adopt specific procedures which are not inconsistent with these Bylaws or
the Corporation Laws of the State of Colorado for conducting the elections.
2.4 Vacancies. Vacancies in the Executive Board, caused by any reason other
than the removal of a Director by a vote of the Members, may be filed at a special
meeting of the Executive Board held for that purpose at any time after the occurrence of
the vacancy, even though the Directors present at that meeting may constitute less than
a quorum. Vacancies shall be filled in the following manner:
(a) As to vacancies of Directors whom Members other than the Declarant
elected, by a majority of the remaining elected Directors constituting the Executive Board,
and
(b) As to vacancies of Directors whom the Declarant has the right to appoint,
by the Declarant.
Each person so elected or appointed shall be a Director for the remainder of the
term of the Director so replaced. The term of office of any Director shall be declared
vacant when such Director ceases to be a Member of the Association by reason of the
transfer of such Directo/s ownership of a Unit.
2.5 Removal of Directors. Members, by a majority vote of all persons present
and entitled to vote, at any meeting of the Members at which a quorum is present, may
remove any Director of the Executive Board, other than a Director appointed by the
Declarant, with or without cause.
2.6 Regular Meetings. The first regular meeting of the Executive Board
following each annual meeting of the Members shall be held within 10 days after the
annual ireeting at a time and flace to be set by the Members at the meeting at which the
Executive goaid shall have been elected. No notice shall be necessary to the newly
elected Directors in order to legally constitute such meeting, provided a majority of the
Directors are present. The Executive Board may set a schedule of additional regular
meetings by resolution, and no further notice is necessary to constitute regular meetings.
2.7 Special Meetings. Special meetings of the Executive Board may be called
by the President or by a majority of the Directors on at least three (3) business days'
notice to each Directoi. The notice shall be hand delivered or mailed and shall state the
time, place and purpose of the meeting.
Z.A Location of Meetings. All meetings of the Executive Board shall be held
within the County of Garfield, unless all Directors consent in writing to another location.
2.g Waiver of Notice. Before or at any meeting of the Board of Directors, any
Director may, in writing, waive notice of such meeting, and such waiver shall be deemed
equivalent to giving of such notice. Attendance by a Director at any meeting of the
Executive AoaiO shlll constitute a waiver of notice. lf all the Directors are present at any
meeting, no notice shall be required, and any business may be transacted at such
meeting.
2.lO Quorum of Directors. At all meetings of the Executive Board, a majority
of the Directors shall constitute a quorum for the transaction of business, and the votes
of a majority of the Directors present at a meeting at which a quorum is present shall
constituie a decision of the Executive Board. lf, at any meeting, there shall be less than
a quorum present, a majority of those present may adjourn the. meeting. At any
adjourned meeting at which a quorum is present, any business which might have been
transacted at the heeting originally called may be transacted without further notice.
2.11 Compensation. A Director shall not receive a fee from the Association for
acting as a Directror, as may be set by resolution of the Members, but may receive
reimbursement for necessary expenses actually incurred in connection with the Director's
duties. Directors acting as officers shall not be compensated for those duties.
212 Consent to Corporate Action. lf all the Directors or all Directors of a
committee established for such purposes, as the case may be, severally or collectively
consent in writing to any action taken or to be taken by the Association, and the number
of the Directors constitutes a quorum, that action shall be a valid corporate action as
though it had been authorized at a meeting of the Executive Board or the committee, as
the iase may be. The secretary shall iile these consents with the minutes of the
meetings of the Executive Board.
2.1g Telephone Communication in Lieu of Attendance. A Director may attend
a meeting of the Lxecutive Board by using an electronic or telephonic communication
method ihereby the Director may be heard by the other Directors and may hear the
deliberations of ihe other Directors on any matter properly brought before the Executive
Board. The Directo/s vote shall be counted and the presence noted as if that Director
were present in person on that particular matter.
2.14. Manager or Managing Agent. The Executive Board may engage the
services of a manager or managing agent for the purpose of administering and carrying
out the purposes and intent of the Declaration; provided, however, the manager or
managing agent shall not have authority to levy assessments or to take action which
affecti tnL title of a Member in and to such owner's Unit, or his interest in the common
elements, which rights shall be reserued to the Board of Directors, subject to the vote of
the Members of i-he Association as provided in the Articles or these By-Laws, the
Declaration or the Act.
2.15 lndemnification. The Directors of the Executive Board shall not be liable
to the Members of the Association or to any other person for any mistake of judgment,
negligence, or otherwise, except in the event of wanton and willful acts or omissions' The
Rsiociation shall indemnify and hold harmless each of the Directors of the Executive
Board against all contractual liabilities of others arising out of contracts made by the
Executive Board on behalf of the Association and its Members, and in connection with
any act per{ormed pursuant to the Declaration, unless such Director or Directors are
aOiuOged guilty of wanton and willful acts or omissions in the per{ormance of their duties
as Directors. Without limiting the forgoing, the Directors of the Executive Board of the
Association shall have the liibilities, and be entitled to indemnification, as provided in
Colorado's nonprofit corporation laws.
ARTICLE III
OFFICERS
3.1 Designation. The principal officers of the Association shall be the president,
the vice president, the secretary and the treasurer, all of whom shall be elected by the
Executive Board. The Executive Board may appoint an assistant treasurer, an assistant
secretary and other officers as it finds necessary. The president and vice president, but
no other officers, need to be Directors. Any two offices may be held by the same person,
except the offices of president and secretary. The office of vice president may be vacant.
g.2 Etection of Officers. The officers of the Association shall be elected
annually by the Executive Board at the organizational meeting of each new Executive
Board. They shall hold office at the pleasure of the Executive Board'
o
vote3.3 Removal of Officers. Upon the affirmative of a majority of the
Directors, any officer may be removed, either with or without cause. A successor may be
elected at any regular meeting of the Executive Board or at any special meeting of the
Executive Board called for that purpose.
g.4 President. The president shall be the chief executive officer of the
Association. The president shall preside at all meetings of the Members and of the
Executive Board. The president shall have all of the general powers and duties which are
incident to the of ice of president of a non-stock corporation organized under the laws of
the State of Colorado, including but not limited to the power to appoint committees from
among the Members from time to time as the president may decide is appropriate to
assist in the conrluct of the affairs of the Association. The president may fulfill the role
of treasurer in the absence of the treasurer. The president may cause to be prepared
and may execute, certify, and record amendments, attested by the secretary, to the
Declaraiion and these Bylaws on behalf of the Association, following authorization or
approval of the Frarticular amendment as applicable.
9.5 Vice President. The vice president shall take the place of the president and
perform the pres;ident's duties whenever the president is absent or unable to act. lf
neither the president nor the vice president is able to act, the Executive Board shall
appoint some otlrer Director to act in the place of the president on an interim basis. The
vice president shall also perform other duties required by the Executive Board or by the
president.
3.6 Secretary. The secretary shall keep the minutes of all meetings of the
Members and thel Executive Board. The secretary shall have charge of the Association's
books and papers as the Executive Board may direct and shall perform all the duties
incident to the ofllice of secretary of a non-stock corporation organized under the laws of
the State of Colorado. The secretary may attest to the execution by the president of
amendments to the Declaration and the Bylaws on behalf of the Association, following
authorization or approval of the particular amendment as applicable.
9.7 Treasurer. The treasurer shall be responsible for Association funds and
securities, for keeping fult and accurate financial records and books of account showing
all receipts and disbursements and for the preparation of all required financial data. The
treasurer shall be responsible for the deposit of all monies and other valuable effects in
depositories designated by the Executive Board and shall perform all the duties incident
to the office of treasurer of a non-stock corporation organized under the laws of the State
of Colorado. The treasurer may endorse on behalf of the Association, for collection only,
checks, notes and other obligations and shall deposit the same and all monies in the
name of and to the credit of the Association in banks designated by the Executive Board.
Except for reserve funds described below, the treasurer may have custody of and shall
have the power to endorse for transfer, on behalf of the Association, stock, securities or
other investment instruments owned or controlled by the Association or as fiduciary for
others. Reserue funds of the Association shall be deposited in segregated accounts or
in prudent investments, as the Executive Board determines. Funds may be withdrawn
from these reserves for the purposes for which they were deposited, by check or order,
authorized by the treasurer, and executed by two Directors, one of whom may be the
treasurer if the treasurer is also a Director.
3.8 Agreements, Contracts, Deeds, Checks and Other lnstruments. Except
as otherwise provided in these Bylaws, all agreements, contracts, deeds, leases, checks
and other instruments of the Association may be executed by any officer of the
Association or by any other person or persons designated by the Executive Board.
3.9 Compensation. An officer may receive a fee from the Association, in an
amount set by resolution of the Members, for acting as an officer. An officer may also
receive reimbursement for necessary expenses actually incurred in connection with
Association duties.
3.10. lndemnification. Officers of the Association shall be indemnified for any
act they may perform upon behalf of the Association in the same manner herein provided
for indemnification of the Board of Directors. Without limiting the forgoing, the officers of
the Association shall have the liabilities, and be entitled to indemnification, as provided
in Colorado's nonprofit corporation laws.
3.11 Statements of Unpaid Assessments. The treasurer, assistant treasurer,
a manager employed by the Association or, in their absence, any officer having access
to the books and records of the Association may prepare, certify, and execute statements
of unpaid assessments, in accordance with Section 38-33.3-316 of the Act. The
Association may charge a reasonable fee for. preparing statements of unpaid
assessments. The amount of this fee and the time of payment shall be established by
resolution of the Executive Board. The Association may refuse to fumish statements of
unpaid assessments until the fee is paid. Any unpaid fees may be assessed as a
Common Expense against the Unit for which the statement is furnished.
ARTICLE IV
ENFORCEMENT
4.1 Abatement and Enjoinment of Violations by Members. The violation of
any of the Rules and Regulations adopted by the Executive Board or the breach of any
provision of the Declaration shall give the Executive Board the right after notice and
hearing, except in case of an emergency, in addition to any other rights set forth in these
Bylaws:
(a) To enter the Unit or Limited Common Element in which, or as to which, the
violation or breach exists and to summarily abate and remove, at the expense of the
defaulting Member, any structure, thing or condition (except for additions or alterations
of a permanent nature that may exist in that Unit) that is existing and creating a danger
to the Common Elements contrary to the intent and meaning of the provisions of the
Declaration. The Executive Board shall not be deemed liable for trespass by this action;
or
(b) To enjoin, abate or remedy by appropriate legal proceedings, either at law
or in equity, the continuance of any breach.
4.2 Fine for Violation. By resolution, following notice and hearing, the
Executive Board may levy a fine of up to $25 per day for each day that a violation of the
Declaration or Rules and Regulations persists after notice and hearing.
ARTICLE VI
RECORDS
5.1 Records. The Association shall keep the following records to the extent
they are applicable:
(a) An account for each Unit, which shall designate the name and address of
each Member, the name and address of each mortgagee who has given notice to the
Association that it holds a mortgage on the Unit, the amount of each Common Expense
assessment, the dates on which each assessment comes due, the amounts paid on the
account and the balance due;
(b) An account for each Member showing any other fees payable by the
Member;
(c) A record of any capital expenditures in excess of $1,000 approved by the
Executive Board for the current and next two succeeding fiscal years;
(d) A record of the amount and an accurate account of the current balance of
any reserves for capital expenditures, replacement and emergency repairs, together wlth
the amount of those portions of reserves designated by the Association for a specific
project;
(e) The most recent regularly prepared balance sheet and income and expense
statement of the Association;
(f) The current operating budget;
(g) A record of the actual cost, irrespective of discounts and allowances, of the
maintenance of the Common Elements;
(h) All insurance policies then in {orce, in which the Unit Owners, the
Association, or its Directors or officers are named as insured persons;
(i) The original or a certified copy of the recorded Declaration, as amended,
the Association's Articles of lncorporation, Bylaws, Minute Books, other books and
records and any Rules and Regulations which may have been promulgated;
0) An inventory list of the Association's tangible personal property;
(k) Copies of any plans and specifications used in the construction of the
improvements in the common elements in the common interest community;
(l) Employment contracts in which the Association is a contracting party;
(m) Any service contract in which the Association is a contracting party or in
which the Association or the Unit Owners have any obligation to pay a fee to the persons
performing the services;
(n) A record of any alterations or improvements to Units or Limited Common
Elements which violate any provisions of the Declaration of which the Executive Board
has actual knowledge;
(o) A record of any violations, with respect to any portion of the Common
lnterest Community, of health, safety, fire or building codes or laws, ordinances, or
regulations of which the Executive Board has actual knowledge; and
(p) A record of any unsatisfied judgments against the Association and the
existence of any pending suits in which the Association is a defendant.
S.Z Records Availabitity. All records maintained by the Association or a
manager employed by the Association shall be available for examination and copying by
any Mlmber, any holder of a Security lnterest in a Unit or its insurer or guarantor, or.by
any of their duly authorized agents or attomeys, at the expense of the person examining
the records, during normal business hours and after reasonable notice.
ARTICLE VII
GENERAL
6.1 Notices. All notices for the Association or the Executive Board shall be
delivered to the office of the Association, or to such other address as the Executive Board
may designate by written notice to all Members and to all holders of Security lnterests in
the Units who have notified the Association that they hold a Security lnterest in a Unit.
Except as otherwise provided, all notices to any Member shall be sent to the Membe/s
address as it appears in the records of the Association. All notices to holders of Security
lnterests in the Units shall be sent by registered or certified mail to their respective
addresses, as designated by them in writing to the Association. All notices shall be
deemed to have been given when mailed, except notices of changes of address, which
shall be deemed to have been given when received.
6.2 Waiver. No restriction, condition, obligation or provision contained in these
Bylaws shall be deemed to have been abrogated or waived by reason of any failure to
enforce the same, irrespective of the number of violations or breaches which may occur.
10
6.3 Amendment. These Bylaws may be amended only by the assent of at least
67 percent of the Members. No amendment of these Bylaws shall be adopted whlch
would affect or impair the validity or priority of any security interest encumbering any Unit
or which would otherwise change the provisions of the Bylaws with respect to such
security interests of record.
ATTEST:
Certified to be the Bylaws adopted by the Directors of MOUNTAIN MEADOWS AT
PRINCE CREEK HOMEOWNERS ASSOCIATION, dated__--, 1995.
Secretary
11t:\nMauB.rca
EXHIBIT D. WILDLIFE AND VEGETATION
D. WILDLIFE AND VEGETATION
The attached letter from Kevin Wright, District Wildlife Manager for the Colorado
Division of Wildlife, addresses current wildlife use on the proposed subdivision and lists
potential impacts. A list of restrictions necessary to minimize impacts to wildlife is inlcuded in
this letter.
The subdivision area currently consists of irrigated meadow and hay lands. A brushy
area adjacent to Prince Creek borders the development on the west. I-a.rge cottonwood trees are
located along the fence line at County Road 11 on the east side of the property. The existing
single-family lots north of the property are landscaped with several cultivated spruce trees.
Refer to Preliminary Plat drawing 4 of 6 for locations of the prominent vegetative features. 1
STATE OF COLOBADO
Roy Romer, Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
AN EOUAL OPPOFITUNITY EMPLOYEFI
Perry D. Olson, Director
606 Broadway
Denver, Colorado 80216
ret2tlolea E$2s7-11s2
Garfield County Planning
109 Bth St. , Suj-te 303
Gl-enwood Springs, CO 81601
REFER TO
For Wildlife -
For People
Dear Dave:
The Mountain Meadows at Prince Creek proposed subdivision lies
within mule deer winter range and adjacent to critical habitat
for mule deer and e1k on the Crown directly to the east. The
proposed subdivision receives heavy mule deer use during the
Spring as the fields start to green up. Loss of this area to the
subdivision and its associated disturbance wiII disp}-ace the mule
deer to adjacent ranches and increase game damage potential. The
area will still receive some deer usage but that will depend upon
the amount and type of disturbances.
In the proposal the applicant stated that a Homeowner,sAssociation would be formed and that protective covenants will
address issues such ai dog control. One of the most significant
impacts to wildlife from this subdivision will be dogs that mayharass or chase mule deer or e1k. This can result in direct
mortality as the dogs drag down and ki1I the animals or additivestress and energy expenditure which may use up vital energy
reserves the animals may need to survive the winter. In addition,with the surrounding ranches dogs may also chase lj-vestock and
their calves. This is especially sigmificant during the winter
and spring. Protective covenants may be advisable but theygenerally do not work when it comes to dog control and are seldom
enforced.
In addition, with increased traffic on Prince Creek Road mule
deer/vehicle collisions wil-I increase as there is a major roadcrossing just north of the subdivision. Homeowners will- also
experience damage to ornamentals and landscaping plants. The DOW
is not liable for this type of damage. It is possible that big
game species will die on their property and homeowners will needto properly dispose of the carcasses. I beli-eve that j-t isimportant to inform potential buyers of these impacts.
Imapcts to wildlife can be minimized by the following:
1. Restrict homeowners to 1 dog/home with a kennel
restriction. The kennel should be constructed before the
C.O. is issued. This should be in addition to any covenantsthe homeowners ,'may" create.
DEPARTMENT OF NATURAL RESOURCES, James S. Lochhead, ExecutivE D ectoT
WILDLIFE COMMISSION, Thomas M. Eve, Chairman. Louis F. Swift, Vice-Chairman. Arnold Salazar. Secret;riy
Jesse Lansston'"1,,.,;*,,.HilSi[,iltl#;,f:.^i::_i;ffi;,
4""'."r.::
L Frank, Member
6vryNffi
2. Malntain all utilities be buried as stated in theapplication. This will reduce raptor and bald eaglernortality due to electrocution and broken wings.3. If homeowners have horses/Iivestock that aII haystacksbe fenced at the homeowners expense with B, game damageprevention type fencing.4. AlI fencing be 42r, , 4 strand or less with a l2nkickspace between the top 2 strands. Any rail fencing be 3rail or less of the round or split rail- type fence with atleast 18'r between 2 of the rails.
Thank you for the opportunity to comment. If you have anyquestions, please give me a calt.
Sincerely,
Kevin wrightDistrict WiIdIife Hanager
Carbondale
EXHIBIT E. SOILS AND GEOLOGY
Nicholas Lampiris, Ph.D.
CONSULTING GEOLOGIST
P.O. BOX 2
SILT, COLORADO 81652
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APR I I il;ilr
(303) 876-5400 (24 HOURS)
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SOTT-S TVIAP
38-Evanston loam, 1 to 6 percent slopes' This
iliS;ill'i'?;h'.i"ii;ffi lL';':'J,?J"XHii:.""]O'
from material of mixed mineralogy. Elevation is 6,500 to
8,000 feet. The average annual precipitation is 13 to 15
inches, the average annual air temperature is 42lo 46
degrees F, and the average frost-free period is B0 to 90
days.
Typically, the surface layer is brown loam about 14
inches lhick. The subsoil is clay loam about 17 inches
thick. The substratum to a depth of 60 inches or more is
loam.
lncluded in this unit are small areas of Tridell,
Uracca, and Forelle soils. Also included are small areas
of soils that are similar to the Evanston soil but have
more stones. lncluded areas make up about 15 percent
of the total acreage.
Permeability is moderate in the Evanston soil'
Available water capacity is high' The effective rooting
depth is 60 inches or more. Runofl is slow, and the
hazard of water erosion is slight.
This unit is used mainly as rangeland' lt also is used
for pasture, crops, or wildlife habitat. A few areas also
are used for homesite development.
The potential plant community on this unit is mainly
bluebunch wheatgrass, western wheatgrass'
muttongrass, Douglas rabbitbrush, and mountain big
sagebrush. Utah serviceberry, mountain snowberry,
priirie junegrass, and Ross sedge commonly are also
included. The average annual production of air-dry
vegetation is about 1,500 pounds per acre' ll the range
coidition deteriorates, mountain big sagebrush,
Douglas rabbitbrush, cheatgrass, and annual weeds
increase in abundance.
Suitable management practices include proper
grazing use and a planned grazing system' Brush
i,anagement improves deteriorated areas ol range that
are piducing more woody shrubs than were present in
the potential plant community. This soil responds well to
appiications ol fertilizer, to range seeding, and to proper
giazing use. lf the quality of range vegetalion has
seriously deteriorated, seeding is needed'
This unit is well suited to hay and pasture' lt has few
limitations. A seedbed should be prepared on the
contour or across the slope where practical'
Applications of nitrogen and phosphorus fertilizer
improve growth of lorage plants. lf properly managed'
lhe unit can produce 5 tons of irrigated grass hay per
acre annuallY.
This unit is well suited to irrigated crops' lf properly
managed, it can produce 90 bushels of barley per acre
annuallY.
This unit is suited to homesite development' The
main limitation is the shrink-swell potential' The effects
of shrinking and swelling can be minimlzed by
prewetting foundation areas. Population growth has
resulted in increased construclion ol homes in areas of
this unit.
This map unit is in capability subclass lVe, irrigated
and nonirrigated. lt is in the Deep Loam range site'
39-Evanston loam, 6 to 25 percent slopes. This
l:t::l'i' ?:,','.i' f ;l 3,iT ,iffi l: J?ilil, il'
6,500 to 8,000 feet. The average annual precipitation is
13 to 15 inches, the average annual air temperature is
42 lo 46 degrees F, and the average frost-lree period is
B0 to 90 days.
Typically, the surface layer is brown loam about 14
inches thick. The subsoil is clay loam about 17 inches
thick. The substratum to a depth ol 60 inches or more is
loam.
lncluded in this unit are small areas of Tridell and
Uracca soils. Also included are small areas of soils that
are similar to the Evanston soil but have more stones.
lncluded areas make up about 15 percent of the total
acreage.
Permeability is moderate in the Evanston soil.
Available water capacity is high. The effective rooting
depth is 60 inches or more. Runoff is medium, and the
hazard of waler erosion is moderate.
This unit is used mainly as rangeland. lt also is used
as wildlife habitat. A few areas are used for homesite
development.
The potential plant community on this unit is mainly
bluebunch wheatgrass, western wheat3rass,
muttongrass, Douglas rabbitbrush, and mountain big
sagebrush. Utah serviceberry, mountain snowberry,
prairie junegrass, and Ross sedge commonly are also
included. The average annual production ol air-dry
vegetation is about 1,500 pounds per acre. lf the range
condition deteriorates, mountain big sagebrush,
Douglas rabbitbrush, cheatgrass, and annual weeds
increase in abundance.
Suitable management practices include proper range
use, delerred grazing, rotation grazing, aerial spraying,
and a planned grazing system. The suitability of this soil
for range seeding is poor. The main limitation is the
slope. The slope limits access by livestock. The limited
accessibility results in overgrazing of the less sloping
areas.
This unit is suited to homesite development. The
main limitations are the slope and the hazard of
erosion. Preserving the existing plant cover during
construction helps to control erosion. Topsoil can be
stockpiled and used to reclaim areas disturbed during
construction. Erosion is a hazard in the steeper areas.
Only the part of the site that is used for construction
should be disturbed. Areas adjacent to hillsides are
occasionally affected by runoff, which may be
accompanied by the movement of rock debris.
This map unit is in capability subclass Vle,
nonirrigated. lt is in the Deep Loam range site.
Soil Survey
TABLE 6.--RANGELAND AND WOODLAND UNDERSTORY PRODUCTIVITY AND CHARACTERISTIC PLANT COMMUNITIES--CONLiNUCd
ToLaI producLion I
Range or woodLand siLe
I
CharacterisLic vegetaLion lCompo-
I sition
I
Soil name and
map symbol of year I Dry I
I weighr I
I Lblacre I I Pct
I
I
Earsman----
Rock ouLcrop.
34, 35, 35---------lDeep Loam
Ernpedrado I
lPinyon-Juniper-------- lEavorabLe lGambel oak-------------------- I
I Mutt ongrass -------- |
I Needleandchread--------------- I
I Saskatoon serviceberry-------- |
I VJestern wheatgrass------------ I
I Bluebunch wheatgrass---------- |
I Bottlebrush squirreltail------ |
llndian ricegrass--------------l
lPrairie junegrass------------- I
I True mountainmahogany--------- |
1.,800 lWestern wheatgrass------------l
1,500 lNeedleandt.hread---------------l
1,000 lMount.aln big sage-------------l
I GambeI oak-------------------- I
I Rubber rabbiEbrush------------ |
ll
400 lColumbla needlegrass----------l
250 lcrouse nhortleberry-----------l
150 lMountain snowberry------------l
I Noddlng bromegrass------------ I
I Klnnlkinnlck------------------ |
I Common Juniper---------------- |
I BoxLeaf myrt 1e---------------- I
I Norma I
I Unfavorable
1292------- lFavorable
I Norma I
I Unfavorable
I NormaI
I Unfavorable
600
500
400
15
IO
10
10
10
5
5
5
5
25
15
10
5
5
15
L5
10
5
5
5
5
I
I
I
I
I
I
I
I
I
lDouglas Fir-------- lFavorable
Loam 1292-- --- lFavorable
I Norma I
I Unfavorable
42r--------- lRlverbotEon lPavorable
1,800 lBasln big sagebrush-----------l
1, 500 I Needleandthread--------------- |
900 lWestern wheaEgrass------------l
lPralrle Junegrass------------- |
lMuttongrass -------- |
I saskatoon servlceberry-------- |
I Mountaln snowberry------------ |
3,000 lAIkall sacaton----------------l
2, 500 lsedge------------------------- |
1r000 lWestern wheaEgrass------------l
I InIand saltgrass-------------- |
1,200 lWestern wheatgrass------------l
800 lBluebunch wheatgrass----------l
500 I Indian ricegrass-------------- |
I Douglas rabbiEbrush----------- I
2,000 lBtuebunch wheatgrass----------l
1,200 I saskatoon serviceberry-------- |
1, 000 lMufLongrass------------------- I
lArizona fescue------ ---------- |
I Needleandthread-------- - - - -- -- |
lBasin big sagebrush-----------l
lPrairie junegrass------------- |
10
10
10
5
5
5
5
40
15
15
10
I NormaI
I Unfavorable
I
I
I
,298------- lPavorable
I Normal
I Unfavorable
I
I
Brownsto--- lStonyFoothllls 128'l----------lFavorable
lNormal
lUnfavorabl.e
Fluvaquents I
I
I
I43r, 44r: IEorelIe---- lRoIllng Loam
45, 46,
Forsey
l St ony
tl
800 lWyoming big sagebrush---------l 10
50O lBluebunch wheacgra""----------l 19
4OO lwesLern wheatgriss------------l 10
lBottlebrush squirreltail------l :
lNeedleandchread---------------1 5
I Indian ricegrass-------------- | :
I Pinyon----- -------- 1 5
I Ut.ah junlper------------------ 1 5
40
20
5
5
20
15
10
5
5
5
5
I Eavorable
I Norma l
I Unfavorable
.]:
!l.1It
+
I.f,
See footnoLe at end of Lab]e.
164
I
I
I
Soil Survey
186
TABLE 9,-_I,IILDLIEE HABITAT-_CONtiNUCd
P"t*ci"f "s habiEaL for--P"t"ntirl ior hablLaL elemenLs
SoiI name and
map sYmboI
I
I
I
I
I
Grain
and
seed
croPs
I
lGrasses
I and
I legumes
Open-
Iand
wild-
Iife
r{i ld I
herba- I Conif-
ceous I erous
plants I PlanEs
I
WeLIand I ShaIIow
plants l water
I areas
I
I Shrubs
I
I
Wood-
I and
wi Id-
life
llleLland I
I wild- |
I life I
Range-
land
wi Id-
Iife
33':
Earsman----
Rock outcroP.
I Poor
34, 35, 36--------- lPoor
Empedrado I
I
37----------------- I very
Etoe I Poo
I
I
I
I Fair
I
I
I
I
I Poor
I
I
I very
I poor.
I
I
I
I Fair
I
I
I
I Fair
I
I
I
I Very
I
I
I
I Very
I
I
I
I Poor
I Fair
I
I
I Good
I
lFair
I
I
I Good
I
poor.
I Very
I poor.
I
I Very
I poor.
poor.
I Very
I poor.
I
I Very
I poor.
lFair
I
I
I Poor
I
I
I
I
I Poor
I
I
I
I
l---
I
I
I Good
I
I Fair
I
tllr
I Very I Fair.
I poor.
I
I
I
lvery
I poor.
I
I Very
I poor.
lEair.
38----------------- | Poo!
Evanston I
I
39, 40, 41---------lPoor
Evanston I
I Poor
I
I
I Poor
I
lEair
I
I
I Falr
I
I Falr
I
I
I Falr
I
I Poor
I
I
I Very
I poor.
I Very
I poor.
I
lvery
I poor.
I Poor
I
I
I Poor
I
I very
I poor.
I
I Very
I poor.
I Fair.
I
I
I Fair.
I
42, ---------------- | Poor
Fluvaquent.s I
I
43t, 44r: I
Forelle----------- | Poor
I
I
Brownsto---------- | Poor
I
I
45, 46, 47---------lPoor
Forsey I
I
4 8---------------- | Poor
Pughes I
I
49- --- - - - - -------- I Falr
Goslln I
I
5o----------------- | Poor
Goslln I
I
51, 52------------- lPoor
Goth1c I
I
53----------------- | verY
Gothlc I poor.
I54----------------- | Very
Grot te
55i:
.Gypsum land.
poor.
I
Gypslorthids------ | VerY
I Poor '
I
5 6----------------- | Poor
fpson I
I
5?----------------- lVery
I poor
I
I Poor
I
I
lFair
I
I
lFair
I
I
lPoor
I
I
I
lPoor
I
I
I Falr
I
I
I Palr
I
I
I Poor
l
I
lGood
I
I
I Poor
I
I
I Poor
I
I
I very
I poor.
I
I Very
poor.
I Very
I poor.
I
I Poor
I
I
lVery
I poor,
I
I Falr
I
I
I
I Falr
I
I
I Falr
I
I
I Eair
I
I
I Good
I
I
I Falr
I
I
lPai.r
I
I
I Good
I
I
I Good
I
I
I Eair
I Fair
I
I
I
lvery
I poor.
I
lVe:yI poor.
I
lveryI poor.
I
I very
I poor.
I
I Poor
I
I
I Very
I poor.
I
I Very
I poor.
I
I Very
I Poor'
I
I Very
I Falr
I
I
I
I Very
I poor.
I
lvery
I poor.
I
lveryI poor.
I
I very
I poor.
I
I Very
I poor.
I
I Very
I poor.
I
I Very
I poor.
I
I very
I Poor.
I
I Very
I Poor
I
I
I
I Poor
I
I
I Fair
I
I
I Falr
I
I
I Ealr
I
I
I Fair
I
I
I Poor
I
I
I Poor
I
I
I Poor
I Poor
I
I Fair
I
I
I
I Very
I poor.
I
lVeryI poor.
I
lVery
I poor.
I
I VeryI poor.
I
I Very
I poor.
I
I Very
I poor.
I
I Very.
I poor.
I
I very
I poor.
I
I Very
I Poor
I Poor
lFair
I
I
lFalr
I
I
I Falr
I
I
lGood
I
I
I Fair
I
I
I Falr
I
I
I Palr
I
I
I Fair
I
I
lFaj.r
I
I Fair
I Very
poor.
I Falr.
I
I
I Fair.
I
l
I Fair.
I
I
I Good.
I Fair.
I
I
I Falr .
l
I
I Eal r.
I
I
lFair.
I
I
I
I
I
I Poor '
I
I
I Fair'
l
I
lFair'
I
I
poor.poor.
lPoor lPoor lvery
I | | Poor'
ttl
I Fair I very I VerY
I lpoor. lPoor-
tll
lEair lVery lVerY
I I Poor. I Poor.
Ill
I Very
I poor -
I
I Poor
I
I
lPoor
I
I
Poor.
I very
I poor.
I
I Very
I poor.
I
lVery
I poor -
I
Ipson
See footnote at end of table
194 Soil Survey
TABLE 10.--BUILDING SITE DEVELOPMENT--ConLinued
Soil name and
map sYmbol
Shallow
excavaL ions
Dwellings
without
ba semenL s
DweI).ings
wit.h
basemenEs
Sma l. l
comerci-al
bui Idings
LocaL roads
and sLreets
Lawns and
I and scap i ng
llll
34--------- lslight--------- | slighE I slight--------- lModerate:
EmpedradollllsloPe''llll
I
I
l Moderat e :
I
I
l Moderat e :
I frost acLion. I large stones.
ll
35---------- lModerate:lModeraLe: lSevere:I ModeraLe:
I sIope.
I
I
I Severe:
I slope.
I
I Seve re :
I slope.
I slope,
I
I
I Severe :
I sJ-ope.
I
I Severe:
I sIope.
I sIope.
I
I
I Severe:
I slope.
I
I Seve re :
I Moderate :
lsl.ope,
I frost action.
I
I Severe:
I s1ope.
I
I severe:
I sIope.
I Moderate:
I large stones,
I slope.
I
I Severe:
I sIope,
I
I Severe:
I slope.
Empedrado I sIope.
I
Empedrado I sIope.
I
Eioe I slope.
38---------- lsllght---------lslishr lsllsht---------lsllsht. lslisht.---------lsllght.
Evanston I
I
39, 40, 41,--------lSevere:
I
I
I Severe:
I sIope.
I
I
I Severe:
I slope.
I
I
I Severe:
I slope.
I
I
I Severe:
I slope.
I
I
I Severe:
I slope.
I sIope.
qzt--------- lsevere: I severe: I severe: I severe: I severe: I Severe:
Fluvaguents I cuEbanks cave, I floodtng, I flooding, I flooding, I wetness, I wetness.
wetness. lweEness. lwetness. lwetness. lflooding,
I I I I frost'action'
ltl
43r: | | I I
Forelle---- lModerate: lModerate: lModerate: lsevere: lModerate: lModerate:
i slope. I slope. I slope. . I slope. I slope. I large stones,
I I I I I lsloPe.
llllll
Brownsto--------- | severe: lModerat.e: lModerate: I severe: lModerate: lModerate:
I cutbanks cave.l slope. I slope. I sloPe. I slope- | smll stones,
I I I I I ldrouqhty'
I I I I I lsloPe'
ttllll
44i: I I I I I I
ForelLe---- lsevere: lsevere: lsevere: lsevere: lsevere: lsevere:
I slope. I slope- | slope- | slope. I slope' I slope'
tlllll
Brownsto--- lsevere: lsevere: lsevere: lsevele: lSevere: lSevere:
I cutbanks cave, I s1ope. I slope. I slope. I slope. I sloPe.
lslope. I I I I I
ttllll
45---------- lModerate: lModerate: I Moderate: lModeraLe: lModerate: I Severe:
Forsey I large stones. I large stones. I large stones. I slope, I frost actsion, I large stonet'
I I I I large sEones' I large stones' I
llllll
46,41------ lsevere: lsevere: lsevere: lsevere: lSevere: lsevere:
Forsey I slope. I slope. I slope. I slope. I slope. I 1ar9e sEonet'
| | I I I I s)'oPe'
tlllll48---------- lModerale: lsevere: lsevere: lsevere: lSevere: lModerale:
Fughes I too clayey. I shrink-swelI. I shrink-swell. I shrink-swell. I shrink-swell, I large sEonet'
I low strengrh. I
I slight--------- I slight '
Goslin
Gos I in
See footnote
I slope.
I
aE end of Lable.
I
I
I Severe :
I slope.
I
I
I
I Severe:
I s1ope.
I
I s1ope.
I
I Severe :
I sIope.
I
I
I
I Severe:
I slope.
I
Severe:
s IoPe '
Evanston I slope.
tl
I sI ight--------- | s1 lght I Sl ight ---- ----- | Moderate :
204 Soil Survey
TABLE 11 ---SANITARY EACILITIES--ConLinued
soil name and
map symbol
Septic tank
absorpE ion
f ie lds
sewage Iagoon
areas
Trench
saniLary
landf i I I
Area
sanitary
Iandfi.II
DaiIy cover
for landfil.I
32--------- lsltght----- lSevere:
Dotsero I
I33*: I
Earsman---- lSevere:
seepage.
depEh to
sJ.ope.
rock,
s1ope.
Rock outcrop.
29r, 30*:
Rock outcroP.
31--------- I Severe:
Dotsero I sloPe '
I
I
Empedrado
Empedrado I slope.
I
I
Empedrado I s1ope.
I
I
- I Severe:
I slope.
I
I Severe:
I seepage,
I slope.
I
I Severe:
I seepage,
I depth Lo
I Severe:
I seepage.
I
I Severe:
I seepage,
I slope.
I
I Severe:
I seepage,
I s).ope.
I
I severe :
I slope.
I
rock,
I Seve re :
I seepage,
I sIope.
I
I Severe:
I seepage.
I
I
I Severe:
depth to rock,
sIope.
l.Severe:
I seepage.
I
I Severe:
seepage.
I Severe:
I seepage,
I slope.
I
I Severe :
I slope,
I large stones.
Severe:
seepage,
slope.
I Severe:
I seepage.
I
I
I Severe:
dept.h Lo rock,
sIope.
I
I Severe:
I seepage.
I
I Severe:
I seepage.
I
I
I Severe:
seepage,
s1ope.
Severe :
slope.
Poor:
slope.
I Falr:
I snaII stones.
I
I
I Poor:
area reclaim,
small st.ones,
slope.
lEalr:
I smalI stones.
I
lFalr:
smaII sLones,
sIope.
I Poor:
sIope.
I Poor :
l.Iarge sEones,
I s1ope.
3 7----
Et.oe
Evanston I percs slowly.
I
I
39, 40, 41----------lSevere:
Evanston I slope.
I Moderate :
I seepage,
I slope.
I
I Severe:
I slope.
I Severe:
I slope.
I Severe:
I sIope.
I Poor:
I sLope.
lsllght----- lsltght----- lGood.ltttttltt
43*: I
Fore.L Ie---- | Moderate :
Fluvaquents
Bro$rnsto---
44r:
Fo re I Le----
BrownsLo---
I floodlng,
| lretness,
I poor filter.
I
I percs slowly,
I slope.
I
I ModeraLe:
I slope.
I
I
I
I Severe:
I slope.
I
I Severe:
I slope.
I
I
end of table
I Severe:
I seepage,
I f1oodln9.
I
I
I
I Severe:
I slope.
I
I
I Severe:
seePa9e,
s Iope .
I Seve re :
I sIope.
I
I Seve re :
I seepage,
I slope.
I
Severe:
floodlng,
seepage,
wetness.
I Moderate:
I slope.
I
I
I Moderate :
Severe:
f J.oodlng,
seepage,
Hetness.
I ModeraEe :
I sIope.
I
I
I Moderate :
slope.
I Severe:
I slope-
I
I Severe:
I slope.
I
I
too sandy,
smaIl sEones '
I Poor:
I seepage,
I Fair:
I sIope.
I
I
I Poor:
slope,
too sandy.
smaII stones '
Poor:
slope.
Poor:
small sLones,
sIope.
I Severe:
I slope.
I
I Severe:
I sIope.
I
I
See fooLnote at
I
I
I
I
I
I
I
I
42
Aspon-GYPsum Area, Colorado 215
TABLE 12.--CONSTRUCTION MATERIALS-_CONLiNUEd
Sol.L name and
map symbol
Roadf i. I I Sand Grave I Topso i I
30r:
DoI Ia rd----
I
I
I
I Poor:
I area reclaim,
I slope.
I Improbable:
excess flnes.
Improbable:
excess flnes.
I excess flnes.
I
I
I Improbable:
excess flnes.
Improbable:
excess fines.
Improbable:
excess fines.
Improbable:
excess fines.
Improbable:
excess flnes.
I
I
I
I Poor:
32--------- lGood------- I ImProbable:
I
Rock outcroP. I
I
31-------------------- | Fair :
Dotsero I slope.
I
I
Dotsero I
I
33r: I
Earsman-------------- I Poor :
I area reclaim,
slope.
Rock outcrop.
s Iope .
I Poor:
smaIl. stones,
s Iope .
I Poor:
I small stones.
I
I
I Poor:
area reclalm,
smaII stones,
slope.
34,35----- lGood------- llmprobable:
I excess flnes.
I
I Inprobable:
I excess fines.
I
I
I Improbable:
excess flnes,
large stones.
I excess flnes.
I
llmprobabJ.e:
I excess flnes.
Improbable:
excess fines.
Improbable:
ixcess fines.
Improbable:
excess fLnes,
Iarge stones.
I Improbable:
I excess flnes.
I
I Improbable:
I excess flnes.
I
I Poor:
I snall sEones.
I
I Poor:
I small stones,
I s).ope.
I
I Poor:
I small stones,
I area reclaim,
lsI
lGood.
I
I
I Poor :
I slope.
Empedrado I
I
36-------------------- I Falr :
Empedrado I slope.
I
I slope.
I
I
Etoe
Evanston I
I39-------------------- | Eair :
Evanston I slope.
40, 41---------------- lPoor:
Evanston
I Improbable:
I excess flnes.
Improbable:
excess fines.
Improbable:
excess fines.
Improbable:
excess fines.
I Improbable:
I excess flnes.
I ImprobabLe:
excess fines.
Improbable:
excess fines.
Improbable:
excess fines.
I Poor:
I sIope.
I too sandy.
lsrnall stones,
I area reclaim.
I
I
I Fair:
I too clayey,
I small sLones,
I s1ope.
I
I Poor:
smaII sLones,
area reclaim.
I Poor:
I sIope.
I
42*
I slope.
I
-- | Poor:
wetness.
lll
lProbable--- lProbable------------- lPoor:
Fluvaquents
43r:
44r:
Eorelle-------------- | Fair :
I slope.
I
end of table.See footnote at
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
oo
TABLE 13.--WATER MANAGEMENT--ConLinued
Aspen-Gypsum Area, Colorado oo
EeaLures affecting--
225
mitat.ions for-I
SolI name and
map symbol
Pond
reservo i r
areas
I Embankments,
I dlkes, and
I levees
I TerracesDrainageIrrigation I Grassed
r{at e rways
and
I
I diversions
Southace--- | Severe:
26r, 27*, 28*,
Dahlqulst--
29r, 30*.
Dollard----
Rock outcrop.
I Severe:
I seepage,
I slope.
I
seepage,
slope.
I seepage,
I slope.
I
I Severe:
I seepage,
I farge stones.
I
I Severe :
I seepage,
I large sEones.
I
I
I Severe:
I Ehin layer.
I Severe:
I seepage.
I
I
lModerate:
I seepage.
I
I
I Severe:
I thln layer.
I Severe:
I piplng.
I
I Severe:
I plplng.
I
I
I Deep
I
I
I
lDeep to water
lDeep to waEer I
lDeep to rrater
I
I
I
lDeep to erater
I
I
I
lDeep to water
I
lDeep to water
I
lDeep to water
to water lSlope,
Iarge stones,
droughty.
I SIope,
I large stones,
droughty.
Percs sIowly,
depth t.o rock.
I Droughty,
I slope.
I
I
l Drought y,
I sJ.ope.
I
I
I DroughEy,
I depth to
I
I
I
I S J.ope,
I Iarge stones,I too sandy.
I
I Slope,
I
I
I
I Too arid,
I large st.ones,
I slope.
I
lToo arid,
I large stones,
I slope.
I
I
I SIope,
large st.ones,too sandy.
SIope,
depEh to rock,
erodes easlly.
eas i 1y,
to rock.
erodes
dept.h
I Severe:
I sIope.
Do!sero S1ope,
droughty.
DotBero I seepage.
I33i: IEarsman---------- | Severe :
dept,h to
slope.
I seepage.
I
I seepage,
I sIope.
I
I Favorable------ | Droughty.
rock,Itarge st,ones,stones, I slope,slope.depth to rock. I droughty.
I SIope---------- I Favorable------ I Favorable.
I Slope,
rock, I large
Rock outcrop.
Enpedrado
35, 36----- lSevere:
Enrpedrado
37--------- | Severe:Etoe I slope.
I
38--------- lModerate:Evanston I seepage,
I slope.
I39, 40, 41--------lsevere:
I Severe:
I large stones.
I
I Severe:
I plplng.
I
I
I Severe:
I piptng.
I
Deep to water I S lope,
large stones,
erodes easlly.
I Slope,
I
I
lLarge stones,
I large stones, I slope,
I erodes easlly. I erodes easlly.
I Deep
I
I
I
to water lSlope----------lErodes easlly lToo arid,
I
I
I
I Slope,
I erodes easily.
I
I
I Too arid,Evanston
Fluvaguent,s
43r, 4{i;
Forel 1e----
Brownsto---
seepage.
lDeep to water
I
I
Flooding,
Iarge stones,
frost action.
lDeep to wat.er
I
I
I
lDeep to water
I SIope----------
I
I
S 1 ope,
wetness,
droughty.
Seve re :
seepage,
wetness.
I Severe:
I piping.
I
I
I Severe:
I seepage.
I
I
I erodes easily. I sIope,
I I erodes easlly.
lLarge stones, lLarge sLones,
wetness.wetness .
I Severe:
I slope.
I
I
lSlope----------lSlope, l?oo arid,I I erodes easily. I slope,I I I erodes easi J.y.ltl
I Slope, I Slope. I Too arid,I droughty, I too sandy, I slope,I soil blowing. I soil blowing. I droughty.ltt
I Seve re :
seepage,
s Iope .
See fooLnote aL end of tab]e.
236 Soil Survey
TABLE 14.--ENGINEERING INDEX PROPERTIES--ConLinued
tll
SoiI name and lDeplhl USDA Lext.ure I
mapsymbol I I Ittl
Classification lFrag- |
lments I
Percentage passing
sieve number--lLiquid I PIas-
I Iimit I ticity
I I index
Unified
I
I AASHTO
I
t>3 I I I Ilinchesl 4 I 10 I 40 I 200
I
I
37--------------- |
Inl I
tl
0-8 lt oam-- ICL-ML
8-24 | SLratified very tSM-SC,
I
I
I A-4
I A-2
lPct I I I
tlltI 0-10 I 85-100 I 80-100 | ?0-9s
I 30-50 | 50-?5 I 45-?o I 4o-55
I
I
I 50-70
| 30-35
Pct
20-30
20-30
5- 10
5-10Etoecobbly fine I GM-cc
sandy Ioam to I
extremely cobblyl
I sandy clay loam. I
24-50lExtremely cobbly lGc, cP-GC
sandy clay loam,
extremely stony
sandy clay loam,
extlemeIy sEony
loam.
I 40-80 I 25-35 I r5-30 10-25 5- 15 30-3 5 10-15
I
I A-4
I A-5
lA- 4
Evanst.on 114-31lLoan, clay loam ICL
I 31-60 lLoam------- ICL-ML
0
0
0
trttr
195-100195-100t70-8s ls0-?0 I
195-100195-100170-90 150-?0 I
I 95-100 I 95-100 I 5s-85 I 50-60 I
I
30-35 | 5-10
25-35 I 10-15
20-30 I 5-10
Evanston ll2-25lLoam, clay loam ICL
| 25-60 I Loam------------- I CL-MLttl42r-------- I 0-l0lVarlable---------lSM,
Fluvaquents I I I cL,
| 10-24 | stratifled c).ay I SU,
I I to gravelly
| | sand.
124-60 lVery gravelly lGP, sP,
sand, gravelly I SP-SM,
sand .
0 195-100195-100170-85 ls0-700 l9s-10019s-1001?o-90 ls0-700 l9s-10019s-10016s-8s ls0-50tttt
0-10 190-95 l8s-9s lss-5s 120-50ttlt
0-20 165-85 160-80 145-70 130-60ttrtltrr
I 10-30 l.l0-80 I 30-70 I 10-2s 0- 10
ltt
I 8s-100 I 85-100 | 7s-100
lA-4
lA-6
I A-4
I
30-35
25-35
20-30
15-30
25-35
25-35
25-3s
25-3s
25-3 0
20-30
25-3 0
25- 35
20-30
5-10
10-15
5-10
NP-15
NP-15
NP
I CL,
I
ML, lA-2, A-4,sc I A-5
ML, lA-2, A-4,
CL-MLI A-5
I
lA-1
I
I
I
I
I A-4
lA-6
I
I A-4,
I
I
I A-2
I
I
I A-4
I
I A-1,
I
lA-2,
43*,44i:
B!orrnsto--------l 0-4 lcravelly sandy
| | loam.
Forelle---------l 0-5 ll,oam-- ICL-ML, HL
| 6-30lclay loam, 1oam, ICL
I I sandy clay 1oan. I
130-60lLoam, sandy clay ICL-HL, CLr | | loam, clay loarn. Itll
I 85-100 | 8s-100 I 80-100ttt
I 85-100 I 85-100 | 7s-100lttttttl
0-5 160-80 l50-75 l4o-55 125-35lltrlttt0-5 160-80 150-75 140-60 135-50tttt0-5 150-60 140-50 130-40 115-25trtt0-s 140-80 l3s-?s 125-55 110-35
I GP-GU
I
I
ISM, GM,I sM-sc,
0-10
0-10
0-10
| 55-?s
I 50-80
I
I 55-?5A-6
A-2
A-6
5-10
10-15
5-15
2o-30 | NP-10
I I I GM-GC
I 4-11lGrave1Iy loam----lSM-SC,
I I I GM-GC
111-30lVery gravelly lcH, GM-GC
I I sandy loam. I
130-60lGravelly sandy lsM, GM
Ioam, very
gravelly Ioamy
sand, very
gravelly sandy
Ioam.
0-10 lcobbly loam------ | SM-SC, lA-4
I I CL-ML I
10-22lvery cobbly }oam, IGM-GC, cC lA-4,
I very cobbly clayl I
I loam. I I
22-60lVery cobbly sandylGM, GM-GC, lA-1.,
loam, very
cobbly loam,
very cobbly
sandy clay loam.
I 20-35 I 75-90 I 70-85
trl
I 30-50 | 50-55 I 4s-60
tlt
ltt
I 35-s0 I s0-70 I 4s-6s
A-1
5-10
NP-10
NP
5-10
5- 15
NP- 1O
45,46,47-------
Forsey
60-?5 I 45-50
I
40-50 | 35-50
I
I
30-55 I 15-35
See footnote at end of Lable.
SM-SC, SMI
A-2
Soil Survey
TABLE 15---PHYsrcAL AND CHEMTCAL pRopERTrEs oF THE sorls--conrlnued
I I I I l Er".i"nll.,ind ISoiI name and
map symbol
I Depth I Clay I MoisL
lllbulk
I I I densiLy
Permea- | Available I soil I saliniLy I shrink- | factors I erodi- lorganicbility I water lreactionl I swell I I lbilityl matter
I capacity I I lpoLential I K I T lgroup Illn
I26r, 2'lr, 28, i I
I Pct ; g/cc
tttt
I In/in IInlh r pH ttttttDahlgulsE------- | 0-6 I 12-20 I 1.25-1.35 II 5-13 I 20-35 I 1.25_1.40 I
I 13-50 |'t-2ol 1.25-1.45 IttttSouthace--------l 0-101 5-2011.40-1-501
lLo-221 s-20 I 1.4s-1.s5 I
122-601 2-15 11.50-1.70 |tttttttt
tttt2.0-6.0 | 0.06-0.10 I 6. 5-7.80.6-2.0 10.05-0.111 6.5-7.8>6.0 10.03-0.0517.9-9.0tt2.0-6.0 10.08-0.10 | ?.9-8.42.0-6.0 10.04-0.061 7. 9-8.4>20 10.02-0.0417.9-8.4tt29r, 30t:lt
| 0.17-0.19 | 7.4-8.4Dollard---------l 0-4 135-401 1.20-1.30 lO.O6-0.2
4-33 I 35-50 I 1.30-1. 40 | 0.06-0.2 I O. 13-0. 18 | ?. 9_9. Ot---
I
Ittlt31--------- I 0-31110-1811.30-t.40l
<2
<2
<2
<2
<2
<2
<2
<2
lLow-------10.051 5
l Low------- 1 9 .92 ,
I tow------- 1 6.62
'ltl
lLow-------10.101 2
I Low-------;6.92 ,
I Low------- I 9.62 ,ltt
ttt
lHlsh------10.3?l 2
I High------ | 0.37 |
Rock outcrop.
33r: IEarsman--------- |
33 I ---
I
I
0-5
5-1 9
19
Dotse!o | 31-41 I 10-18 I 1.40-1.s0 |
| 41-60 I 15-25 | 1.40-1.50 |tttt32--------- I 0-? 110-1811.30-1.{Ol
Dotsero I ?-41110-1811.40-1.501
| 41-60 I 15-2s | 1. 40-1.s0 Ilttt
2.0-6.0 10.08-0.lq I 6.6-8.42.0-6.0 10.07-0.091?.9-8.42.0-6.0 10.11-0.18 l?.9-8.4tt2.0-6.0 I 0.10-0.14 | 5. 6-S.42.0-5.0 10.0?-0.091?.9-8.42.0-6.0 10.11-0.18 17.9-S.4tttl
lttttt<2 lLow------- | 0.10 |<2 lLow-------;q.29,<2 lLo!r-------10.241ttt<2 ltor-------;9.29,<2 lLow------- | 0.20 |<2 lLow-------19.24;
tltttt<2 lLoy------- | 0.1? |<4 lLow-------19.191l----------t----ltttttl
<2
<2
<2
2.0-6.0
''r!'o
10.05-0.091?.4-:8.4
10.04-0.0917.4-9.0
tt
10-2011.40-1.551
5-18 | 1.40-1.55 |---lttt
Rock out,clop.
34, 35, 36-------l 0-5 115-2?11.35_1.451
Empedrado I 5-40 120-351 1..40-1.55 I
I 40-60 | 1s-30 I 1. 40-1.s5 Itttt37--------- I 0-8 l10-2311.35-1.451Etoe I e-24110-2011-40-1.SOl
124-60 120-2s I 1.4s-1 .55 I
38, 39----- I 0-14 lL5-2't 11.25-1.351
0.6-2.0 10.15-0.18 I 6.6-?.30.6-2.0 10.19-0.21 I 5.6-?.82.0-6.0 10.11-0.13 17.9-8.4tt0.5-2.0 10.16-0.18 | 6.1-?.30.6:2-0 i0.10-o-14 I 6.1-5.50.6-2.0 10.05-0.111 6.1-7.3
ttt<2 lLor-------10.241 5<2 lModerate I 0.24 I<2 I Low------- ;9.17 ,
Pct
1-3
1-3
4L t-2
3-5
3-6
<1
2-4
1-3
I 14-31 I 18-3s I 1.35-1.45 I
I 31-60 I 18-2? | 1.3s-1.4s I
| 0.15-0.18 I 5.1-7.8
| 0.1 5-0.20 I 6. 5-8 .4
| 0.16-0.18 | 7.9-9.0
lLow-------10.281 5
lModerate I 0.3? I
I Low------- | 0.37 |
0. 6-2.0
0. 6-2.0
0. 6-2.0
<2
<2
<2
2-4Evanston
40,41.----- | o-12115-2?11.25-1.351
Evanston lL2-25 I 18-3s I 1.3s-1.4s I
I 25-50 lL8-27 I I .35-1.4s Itttt42r-------- I O-10l 4-3011.20-1.501 0.5-20Eluvaguents l1O-24110-3511.40-1.601 0.6-2.0
124-501 0-5 11.50-1.701 >2otttt43*, 44*. I I I IForelIe---------l o-5 115-2?1r.15_1.251 0.6_2.0I 6-30118-3st1.25-1.3s1 0.6_2.0
1 30-50 I 18-30 1 1.25-1.3s I 0 -6-2 -OttttBrownst.o--------l O-4 110-2011.35_1 .45l 2.0_5.0I 4-1111s_20t1.2s_1.35t 0.6_2-o
I 11-30 I 1s-20 I 1.3s-1 .4sl 2.0_5-0
130-601 5-1s11.3s_1 .451 2.0_5.0tttt
see footnote at end of table.
0.6-2.0
0 . 6-2.0
0. 6-2 .0
| 0. 15-0.18 I 6.1-7 .8
I 0 . 15-0 .20 I 6 .6-8 . 4
| 0.16-0.18 I ?.9-9.0
tt
I 0.0?-0.16 I 7.4-8.4
I 0.10-0.18 | ?.4-8.4
10.04-0.0917.4-8.4lt
lt
I 0.15-0.18 I 5. 5-8.4
10.15-0.2116.5-8.4
10.15-0.18 17.9-9.0lt
10.08-0.1017.4-8.4
I 0.11-0.13 I 7.4-8.4
10.05-0.081?.4-8.4
10.05-0.1017.4-8.4lt
<2 lLow-------,0-rt,<2 | Moderate I 0.3? |<2 I Low------- I 9.37
'ltl<8 I Low------- I 9.20 ,<8 | Low------- I 0.28 |<2 I Low------- I 6. gt ,tttttt<2 I Low------- I O. r, ,<2 lModerate 10.3?l<2 I Low------- I 9.3,
'rtl<2 I Low------- I 3. rO ,<2 lLow-------,O.rO,<2 I Low------- I O. Ot ,<2 | Low------- , O. rO ,ltr
2-4
<1
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7-2
Soil Survey
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EXHIBIT F. DRAINAGE
F. DRAINAGE
There are no major drainage channels within the boundaries of this development. The
land which is the subject of this application slopes gently to the northwest at grades of two to
four percent.
Prince Creek, a relatively small stream tributary to the Crystal River, is southwest of the
Mountain Meadows Subdivision. Prince Creek has a watershed area of approximately 10.5
square miles, which would contribute to a 100-year peak flow of 240 cubic feet of water per
second (cfs) Oased on regression formulas provided by the Colorado Water Conservation Board
in their technical Manual No. 1). At its location nearest the Mountain Meadows Subdivision,
Prince Creek in a gully approximately 30 feet deep, so it is apparent that the subdivision is
entirely above the 100-year floodplain of the creek. The site is also well above the floodplain
of the Crystal River.
Off-Site Drainage
Calculations for off-site drainage are based on the Soil Conversation Service Technical
Release No. 55, "Procedures for Determining Peak Flow in Colorado", dated March 1980. A
copy of the engineering calculations is attached, along with a map showing a conservatively
large area that could potentially run off to the site, if it were not for the effects of existing roads
and irrigation ditches. The end result is that the calculations predict flood flows exceeding those
which can be expected to reach the site. Use of these flows for design builds in an added factor
of safety.
Off-site drainage will be intercepted by a drainage ditch that is to be constructed along
the southern boundary of the Mountain Meadows site. There is a small existing berm in this
general location that currently serves the same purpose, but it is not adequate to contain large
flows. The proposed ditch has been designed to divert flow in excess of the 100-year peak flow.
This ditch will discharge into Prince Creek.
On-Site Drainage
Calculations for on-site drainage are based on the Rational Method, assuming a25-year,
lO-minute duration storm of 3.38 inches per hour. The Rational Method is more applicable to
smaller drainage areas, and it is more readily used to determine the increased runoff caused by
development. A copy of the engineering calculations for determining on-site runoff are also
attached at the end of this report.
On-site drainage from I-ots 1 through 4 will flow toward the northwest and will be
intercepted by Drainage Ditch "B" the access road borrow ditch. Drainage Ditch "B" will
convey the runoff from the roadside to Prince Creek. This ditch will be relatively small, since
it will only have to contain runoff from a drainage area of approximately 8.5 acres. The 25-year
peak flow in this ditch will be 7.4 cfs. The historic (before development) 25-year peak flow
from this drainage area is 5.7 cfs.
Detention of on-site runoff would provide little, if any, benefit. The low density of the
proposed development will result in minimal increases in post-development runoff. Ditch "B"
provides sufficient drainage capacity to Prince Creek. At that point, it combines with a much
larger watercourse having a capacity to carry flows from a larger drainage area with a longer
time of concentration. The combination of Prince Creek and Mountain Meadows hydrographs
will have virtually no effect on downstream peak flows. Consequently, detention of on-site
flows is not proposed.
The remainder of the subdivision (-ots 5 through 8) will continue to drain toward the
north' which has been the historic drainage pattern. The increase in runoff due to development
will be offset by the fact that a portion of the historic drainage area will be intercepted by the
access rod, thereby reducing the total area that will contribute runoff north of the site.
Therefore, the total amount of runoff that will drain to the property north of the site will not be
increased due to the proposed development. r
o
'\.-r
A
N
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GLENWOOD SPRINGS, COLORADO 81601
(303) 94s'5468 ,^r. t/ -21 - Q5DnK
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CALCULATEO 8Y
CHECKEO BY
SCHMUESER & ASSOCIATES INC.
G L E N ,l,x3 s $H' i:?'3"?[t# B 1 60 1
(303) 94s's468
CALCULATEO BY onrE 6- lB - 84.
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(303) 94s'5468
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scHMUESER & ASSOOTES tNC.
'1512 Grand Avenue Suite 2'10
GLENWOOD SPRINGS, COLORADO 81601
(303) 94s.s468
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EXHIBIT G. WATER SUPPLY PLAN
G. WATBR SI]PPLY PLAI\
Domestic and Irrigation Water
Water for domestic use will be provided to each site by a central water system which will
be fed by a new well or wells to be drilled on the property. Water requirements for this
subdivision will be approximately 10 gpm as shown below.
Water requirements for the subdivision are based on the following criteria:
1. Site Development
a. Population distribution
Seven single-family lots @ 3.5 persons : 25 Prsons
2. Water Utility
a. Domestic requirements
1) Per capita flows
- Average day : 100 gpcd
- Maximum day : 3.0 x average day, or 300 gpcd
- Peak hour : 5.0 x average day, or 500 gpcd
ii) Supply requirements
- Average day : l'00 gpcd x 25 : 2,500 gpcd
- Maximum day : 300 EPcd x 25 : 7,500 gpcd : 6 gpm
- Peak hour : 500 gpcd x 25 : I2,5N gpcd : 9.9 gpm
b. Irrigation Requirements
i) The property is currently served by an underground pressure
irrigation system. Each lot will be provided with access to the
system for lawn irrigation pu{poses and all other outside water
use. Because the system now serves the area proposed for
development, no additional hydraulic capacity is anticipated.
According to records from the Division of Water Resources, existing wells in the area
range in depth from 125 to 200 feet deep. The well yields range from 10 to 15 gallons per
minute, so it is expected that one well will have adequate capacity to serve this development.
If more than one well is required in order to provide the required l0 gallons per minute, a
second new well will be drilled. The new wells will be drilled a minimum of 600 feet away
from existing wells in the area as required by the Division of Water Resources.
An existing well currently serves the residence on I.ot 8 as well as the two existing
residences north of this property under the terms of a Well, Water and Road Agreement
recorded at Book 544, Page 155, Garfield County records. (See Exhibit B). This well was
drilled in November, 1975 to a depth of 155 feet, and has a yield of 15 gallons per minute.
Water service for Iot 8 will continue to be provided by this well which is located just inside the
easterly line of I.ot 8.
Water supplied from the well will be augmented by water from the Basalt Water
Conservancy District through an existing contract. This contract is for 3.3 Ac-ftlyear and has
been in place since July 10, 1984.
Water for irrigation will be provided by the existing underground pressure irrigation
system on the site. Each lot will be provided with access to the system for lawn irrigation
purposes and all other outside water use. Because the system now serves the area proposed for
development, no additional hydraulic capacity is anticipated. Water for the irrigation system is
supplied by the East Mesa Ditch, which uses the Crystal River as its source. The water rights
associated with this ditch are for 31.8 cfs with an appropriation date of 08/10/1894 making it
one of the most senior water rights on the Crystal River. Other water rights on the Crystal that
are senior to the Fast Mesa Ditch only total 41.08 cfs, so there should always be reliable
physical supply of water for irrigation purposes. Since the Allens bought the property in 1975,
there has never been a call on their water.
Distribution System
Since there is not a high enough elevation on the site to provide gravity service at
adequate pressures, a hydropneumatic system is proposed. This system will consist of a well
with a 10 GPM submersible pump, chlorination, and pressure tanks with a total capacity of 100
gallons housed in the control building. Additionally, a 40-ga11on hydropneumatic tank will be
installed in each residence. The distribution system leading away from the pressure tank will
be a 3-inch main with service lines constructed to the front property line of each lot. Fire
storage will be provided by a 10,000 gallon cistern located near the cul-de-sac. This cistern will
include automatic controls to assure that it remains full. A standpipe will be connected into the
cistern to allow a pumper truck access to the fire storage.
The domestic water supply system and the irrigation system will be common facilities,
with ownership to be shared by the various owners of the lots of the subdivision. Construction
of all common facilities will be paid for by the Developer. r
DISTRICT COURT, WATER DIVISION NO. 5, COLORADO
Case No.
APPLICATION FOR UNDERGROUND WATER RTGHTS, FOR CHANGE OF WATER
RIGHTS AND FOR APPROVAL OF PLAN FOR AUGMENTATION
CONCERNING THE APPLICATION FOR WATER RIGHTS OF:
ANNELIESE K. ALLEN,
IN GARFIELD COUNTY, COLORADO.
1. Name, address and telephone number of Applicant:
Anneliese K. Allen
1215 County Road 111
Carbondale, CO 81623
c/o John R. Schenk
Schenk, Kerst & deWinter, P.C.
302 Eighth Street, Suite 310
Glenwood Springs, CO 81601
(970) 94s-2447
FIRST CLAIM
APPLICATION FOR UNDERGROUND WATER RIGHTS
2. Name of Well: Mountain Meadows Well No. 1.
3. Irgal description of Well: A well located in Lot 4 of Section 14, Township 8
South, Range 88 West of the Sixth Principal Meridian, at a point whence the brass cap witness
point bearing N. 00o08'29" W.27.18 feet to the Section corner common to Sections 10, 11, 14
and 15 of said Township and Range bears North 64"33' 14" West a distance of 560 feet.
4. Source: Groundwater tributary to the Crystal River.
Depth: 250 Feet
5. Date of appropriation: April 20, 1995
Date water applied to beneficial use: N/A
How appropriation was initiated: Survey and formulation of intent to
appropriate water.
6. Amount claimed: 10 g.p.m., conditional.
, il \ns\At r]N\w IR Att
7 . Use or proposed use:Domestic in-house use only.
8. kgal description of land to be benefited:
A parcel of land situated in Lots 8 and 9 of Section 11 and in Lots 3 and 4 of
Section 14, all in Township 8 South, Range 88 West of the Sixth Principal
Meridian, more particularly described as follows:
Beginning at a point from which the brass cap witness corner set for the
southwest corner of Section 11 of said Township and Range bears S. 58"36'04"
W. 869.15 feetdistant; thence along a fence line the following two (2) courses:
N. 88"12'03' E. 173.07 feet
N. 89"35'12" E. 120.63 feet
to the intersection with a north south fence line; thence S. 01'45'40' 8.237-44
feet along said fence line to an intersection with an east west fence line; thence
N. 88"16'41'F,.739.99 feet along said fence line; thence S. 02"41'45" E.
530.78 feet to a point on the county line between Garfield County and Pitkin
County; thence N. 90"00'00' W. 1434.55 feet along said county line to a point
on a north south fence line; thence along said fence line the following five (5)
courses:
(1) N. 19'44'01" E. 99.39 feet
(2) N. 06'09'3L' 8.74.87 feet
(3) N. 09'29'08' E. 163.04 feet
(4) N. 38"25'59" 8.371.83 feet
(5) N. 30"17'23' E. 137.72 feet
to the point of beginning. Said parcel of land contains t7.893 acres, more or less.
COUNTY OF GARFIELD
STATE OF COLORADO
The land to be benefited includes the property designated for inclusion in the Mountain
Meadows at Prince Creek Subdivision, except for the portion to be known as Lot 8.
9. Name and Address of Owner of land on which well is located:
Anneliese K. Allen
1215 County Road 111
Carbondale, CO 81623
SECOND CLAIM
APPLICATION FOR UNDERGROUND WATE,R RIGHTS
10. Name of Well: Allen Well No. 1 (Permit No. 80997).
(1)
(2)
rr lJRs\Al llNw^'lrn.^II 2
11. Lngal description of Well: A well located in Lot 8 of Section 11, Township 8
South, Range 88 West of the Sixth Principal Meridian, at a point 200 feet from the North line
of Lot 8 and 500 feet from the West line of Lot 7, said point bearing N. 00o08'29" W. 27.18
feet to the Section corner cortmon to Sections 10, 11, 14 and 15 of said Township and Range
bears South 70"10'00" West a distance of 1,930 feet.
lZ. Source:
Depth:
13. Date of appropriation:
Date water applied to beneficial use:
How appropriation was initiated:
14. Amount claimed:
15. Use or proposed use:
Groundwater tributary to the Crystal River.
155 Feet
November 30, 1975
November 30, 1975
Pumping of Well and use of water
for domestic purposes
15 g.p.m., absolute.
Domestic in-house use only.
16. kgal description of land to be benefited:
All that portion of the following described property lying and being in the
Counties of Garfield and Pitkin, State of Colorado:
A parcel of land situated in Lots 8 and 9 of Section 11 and in Lots 3 and 4 of
Section 14, all in Township 8 South, Range 88 West of the Sixth Principal
Meridian, lying Southerly of Northerly line of said Lots 8 and 9, and Easterly of
the Westerly lines of said Lots 4 and 8, said parcel of land is described as
follows:
Beginning at a point on the Section line between said Sections 11 and 14 whence
the Witness Point to the Section Corner common to Sections 10, 11, 14 and 15
bears S. 85"16'32' w. 300.16 feet; thence N. 00'L6'47" w. along the westerly
line of said Lot 8,413.52 feet to the Northwest corner of said Lot 8; thence N.
88"29'47" E. 1476.31feet along the Northerly line of said Lots 8 and 9; thence
S. 02"28'39" E. 852.51 feet; thence along the Northerly line of a road, S.
73"33'21" W. 1572.64 feet; thence N. 00"09'28" W. 54.08 feet to the Southeast
corner of Lot 5 of said Section 14; thence N. 00'09'28" w. along the line
between said Lots 4 and 5, 790.57 feet to a point on the Northerly line of said
Section 14, the point of beginning, containing 36.24 acres, more or less.
COUNTY OF GARFIELD
STATE OF COLORADO
The legal description set forth above includes all lands owned at the time Well Permit
No. 80997 was issued. Notwithstanding the foregoing, the lands to be benefited under this
Second Claim shall not include any portion of the Mountain Meadows at Prince Creek
Subdivision, except fbr that portion of said subdivision to be known as Lot 8, and by way of
emphasis, shall include the following two (2) tracts, hereafter "Tract A and Tract B", which
Il lJRSrll.l-l:NiwA Il Afl
have been heretofore conveyed pursuant to an exception from the terms "subdivision" and
"subdivided land" as provided by the Garfield County Subdivision Regulations all as appears in
Resolution No. 79-144 of the Board of County Commissioners of Garfield County. Said Tracts
are described as:
Tract A
A parcel of land situated in Lot 8 of Section 11, Township 8 South, Range 88
West of the Sixth Principal Meridian, more particularly described as follows:
Beginning at the brass cap witness point bearing N. 00o08'29' W. 27.18 feet to
the Section Corner common to Sections 10, 11, 14 and 15 of said Township and
Range; thence N. 66"1L'24" E. 1133.66 feet to the True Point of Beginning;
thence N. 88'29'47" E. 368.00 feet; thence S. 02"28'39" 8.240.00 feet; thence
S. 88'29'47" W. 368.00 feet; thence N. 02'28'39' W. 240.00 feet to the True
Point of Beginning, containing 2.027 acres, more or less.
Tract B
A parcel of land situated in Lots 8 and 9 of Section 11, Township 8 South, Range
88 West of the Sixth Principal Meridian, more particularly described as follows:
Beginning at the brass cap witness point bearing N. 00"08'29" W. 27.18 feet to
the Section Corner common to Sections 10, 11 , 14 and 15 of said Township and
Range; thence N. 71"36'10" E. L480.73 feet to the True Point of Beginning;
thence N. 88"29'47" E. 368.00 feet; thence S. 02"28'39' E.240.00 feet; thence
S. 88'29'47' W. 368.00 feet; thence N. 02"28'39" W. 240.00 feet to the True
Point of Beginning, containing 2.027 asres, more or less.
17. Name and Address of Owner of land on which well is located:
Anneliese K. Allen
1215 County Road 111
Carbondale, CO 81623
THIRD CLAIM
APPLICATION FOR CHANGE OF WATER RIGHTS
18. Decreed name of structure for which change is sought: Basalt Conduit, a feature
of the Basalt Project.
19. From previous Decree:
a. Date entered: June 20, 1958, Case No. 4613, Garfield County District
Court.
b. Decreed point of diversion: A point on the left bank of the Fryingpan
River in the NETaNWT+, Section 18. Township 8 South, Range 84 West of the 6th P.M.
II URS\AI i,INW 1lR III
at the head of the outlet tube for Ruedi Reservoir whence the Southwest corner of Section
7, Township 8 South, Range 84 West of the 6th P.M. bears North 79"00' feet West a
distance of 2,017 .1 feet.
c.
d.
Source:Fryingpan River.
Appropriation Date: July 29, 1957.
Amount: 450 c.f.s.
e. Historic Use:N/A, conditional water right.
20. Proposed change: The Applicant proposes to establish alternate points of
diversion for the Basalt Conduit water right at the point of diversion of the Mountain Meadows
Well No. 1 applied for herein, for use within the Mountain Meadows at Prince Creek
Development as described in the Application for Approval of Plan for Augmentation set forth
below. Applicant proposes to change a total 10 g.p.m. (0.022 c.f.s.) to said well.
FOURTH CLAIM
APPLICATION FOR CHANGE OF WATER RIGHTS
21. Decreed name of structure for which change is sought: Basalt Conduit, a feature
of the Basalt Project.
22. From previous Decree:
a. Date entered: June 20, 1958, Case No. 46t3, Garfield County District
Court.
b. Decreed point of diversion: A point on the left bank of the Fryingpan
River in the NE7+NW7+, Section 18, Township 8 South, Range 84 West of the 6th P.M.
at the head of the outlet tube for Ruedi Reservoir whence the Southwest corner of Section
7, Township 8 South, Range 84 West of the 6th P.M. bears North 79'00' feet West a
distance of 2,017 .1 feet.
c.
d.
Source:
Appropriation Date:
Amount:
Fryingpan River.
July 29, 1957.
450 c.f.s.
N/A, conditional water right.e. Historic Use:
23. Proposed change: The Applicant proposes to establish alternate points of
diversion for the Basalt Conduit water right at the points of diversion of the Allen Well No. 1
applied for herein, for the use of Lot 8 in the Mountain Meadows at Prince Creek Development
as described in the Application for Approval of Plan for Augmentation set forth below and for
Tracts A and B as described in paragraph 16 above. Applicant proposes to change a total 15
g.p.m. (.033 c.f.s.) to said well.
lt uRs\ t I t:N\wA11x Arr
FIFTH CLAIM
APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION
24. Names of structures to be augmented: Mountain Meadows Well No. I and Allen
Well No. 1, decrees for which are being claimed in this case.
25. Previous decree for water rights to be used for augmentation:
a. Up to 3.3 acre-feet of water secured under Applicant's Contract No.
3.3.5.40 under a contract with the Basalt Water Conservancy District.
b. Ruedi Reservoir is operated by the U.S. Bureau of Reclamation which has
contracted for an allotment of water to the Basalt Water Conservancy District.
c. Ruedi Reservoir is an on-channel reservoir located in the Northwest 1/4
of the Northeast 114 of Section 18, Township 8 South, Range 84 West of the 6th P.M.
d. Ruedi Reservoir was originally decreed for 140,697.3 acre-feet with an
appropriation date of July 29, 1957, for hydro-electric power generation, irrigation,
municipal, domestic, industriai, piscatorial and stock water uses. Subsequently, in Case
No. W-789-76, Water Division No. 5, the amount of water decreed to Ruedi Reservoir
was reduced from 140,697.3 acre-feet to 102,369 acre-feet.
e. Ruedi Reservoir is a component of the Fryingpan-Arkansas Project,
originally authorized for construction by the Act of August 16, 1962 (76 Stat. 389) as
amended by the Act of October 27, 1974 (88 Stat. 1496) and the Act of November 3,
1978 (92 Stat. 2492) in substantial accordance with House Doc. No. 187 83d Cong., 1st
Sess., as modified by House Doc. 353, 86th Cong. 2nd Sess., and is subject to the
Operating Principles for the Fryingpan-Arkansas Project as set forth in House Doc. 130,
87th Cong., 1st Sess.
26. Statement of plan for augmentation, covering all applicable matters under C.R.S.
37 -92-103(9), 37 -92-302(1) and (2) and 37 -92-30s(8).
a. Applicant is the owner of land described as follows:
A parcel of land situated in Lots 8 and 9 of Section 11 and in Lots 3 and
4 of Section 14, all in Township 8 South, Range 88 West of the Sixth
Principal Meridian, more particularly described as follows:
Beginning at a point from which the brass cap witness corner set for the
southwest corner of Section 11 of said Township and Range bears S.
58o36'04" W. 869.15 feet distant; thence along a fence line the following
two (2) courses:
88"12'03" E. 173.07 feet
89"35', 12', E. 120.63 feet
(1) N.
(2) N.
6
to the intersection with a north south fence line; thence S. 01'45'40" E.
231 .44 feet along said fence line to an intersection with an east west fence
line; thence N. 88'16'41" E. 739.99 feet along said fence line; thence S.
02"41'45* E. 530.78 feet to a point on the county line between Garfield
County and Pitkin County; thence N. 90"00'00" W. 1434.55 feet along
said county line to a point on a north south fence line; thence along said
fence line the following five (5) courses:
(1)
(2)
(3)
(4)
(5)
N. 19"44',01"
N. 06"09',31"
N. 09"29',08"
N. 38025',59"
N. 30" l7'23',
E. 99.39 feet
E. 14.81 feet
E. 163.04 feet
E. 371.83 feet
E. 137.72 feet
to the point of begiming. Said parcel of land contains 17.893 acres, more or
less.
COUNTY OF GARFIELD
STATE OF COLORADO
b. Applicant is currently obliged to serve Tracts A and B as described in
paragraph 16 above with domestic water from Allen Well No. 1.
c. Applicant intends to subdivide Applicant's property in Garfield County and
described in paragraph26(a) above into eight (8) lots for eight (8) single-family dwelling
units to be known as Mountain Meadows at Prince Creek. Lot 8 of Mountain Meadows
at Prince Creek and Tract A and Tract B will be exclusively connected to Allen Well
No. 1 (Permit No. 80997) and will not be connected to Mountain Meadows Well No. 1.
Lots 1 through 7, Mountain Meadows at Prince Creek, will be served exclusively by
Mountain Meadows Well No. 1 and will not be connected to Allen Well No. 1. There
will be no connections between the two wells.
d. Each of the eight (8) Lots in Mountain Meadows at Prince Creek and
Tracts A and B will have the equivalent of two (2) shares in the East Mesa Water
Company for use in irrigating the landscaping, foliage, gardens and meeting other outside
water requirements on each such parcel. The proportionate shares in the East Mesa
Water Company will be held for the benefit of each lot owner by the Mountain Meadows
at Prince Creek Homeowners Association, a Colorado nonprofit corporation or, in the
case of Tracts A and B, by the owners thereof. Therefore, due to ample surface
irrigation water rights, no outside irrigation will be necessary or permitted from
Mountain Meadows Well No. 1. The permit conditions of Allen Well No. I (No.
80997) limits all use to domestic purposes.
e. The domestic in-house needs of each dwelling unit will be served by the
Mountain Meadows Well No. 1 or Allen Well No. 1, which will be augmented with
water from Ruedi Reservoir. Each of the ten (10) parcels will have a one single-family
unit with an assumed demand of 4 people per unit at 80 gallons per capita per day (in-
house only). Applicant anticipates that lvastewater treatment and disposal will be by
ll lRs\ r I_tiN\w nl lt,t,
septic tank/leach field systems with an estimated consumptive use of fifteen percent
(15%) in the in-house diversions. The total annual diversions are estimated, to be 3.77
acre-feet with a consumptive use of .56 acre-feet per year. Table I is an engineering
analysis attached hereto and incorporated herein by reference, which presents the
domestic requirements for the ten (10) dwellings.
f. Transit losses between the outlet of the Ruedi Reservoir and the point of
depletion are estimated to be five percent (5%) of the potential annual augmentation
requirements. Depletions from the Mountain Meadows Well No. 1 and Allen Well
No. 1 will affect the Roaring Fork River throughout the year. Although the Mountain
Meadows Well No. 1 and Allen Well No. 1 water rights would be in priority during
portions of the year, the Applicant plans to provide augmented water out of Ruedi
Reservoir to cover one hundred percent (100%) of the maximum annual depletions due
to the diversions of the well to adequately protect downstream vested water rights.
Releases will be made from the Ruedi Reservoir pursuant to its contract with the Basalt
Water Conservancy District, in amounts equal to the out-of-priority stream depletion
associated with diversions under said water rights or as directed by the Division
Engineer.
27 . Name and address of owner of land on which structures are located: Applicant's
name and address is as stated in paragraph 1 above, except Ruedi Reservoir which is located on
land owned by the United States Bureau of Reclamation, Great Plains Region, P.O. Box 36900,
Billings, Montana, 59107 .
28. The Applicant will submit a well permit application for Mountain Meadows Well
No. 1 to the State Engineer's Office for the well as applied for in this application. The well
permit or denial of well permit will be filed with this Court before entry of decree.
29. Allen Well No. 1 is currently permitted as an exempt well by the State Engineer
under Permit No. 80997.
WHEREFORE, Applicant respectfully requests the Court to enter a decree awarding the
Underground Water Rights set forth in the First Claim and Second Claim, the Application for
Change of Water Rights as set forth in the Third and Fourth Claim and approving the Plan for
Augmentation set forth in the Fifth Claim for Relief.
DATED this 251f, day of April, 1995.
SCHEN
John R.-Y7788
A for Applicant
302 Ei Street, Suite 310
Springs, CO 81601Glen
: (970) 945-2447
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EXHIBIT H. SEWAGE DISPOSAL PLAN
a
H. SEWAGE DISPOSAL PLAN
The wastewater from the homes in this proposed development will be treated by
individual on-site septic system and absorbed into the ground through leach fields. The
wastewater treatment systems are to be sized to conform with Garfield County sewage disposal
regulations, which require percolati,on tests at each site.
Preliminary percolation tests were conducted by Hepworth-Pawlak Geotechnical, Inc.
Results are summarizel in the attactred letter. Conventional individual septic disposal systems
should be suitable for most of the development. Some lots may require engineered sand filters.
The individual sewage disposal systems will be owned and maintained by the individual
owners of each lot. The maintenance of these systems shall include the following:
1. Septic tanls shall be inspected and pumped at least once every two years by a
licensed septic tank pumper.
2. Records shall be kept of all inspections, monitoring, conditions found, work
done, pumping done, pumping done, etc. Records shall be available for
inspection by the regulatory agencies.
April 21, 1995
Dr. Wilmer C- Allen
1215 County Road 111
Carbondale, CO 81623
L*':1
"t1.rnsr,
co 11601
Fax e70 945.8454
Plrone 970 945.7988
Job No. 195 208
Subject: percolation Testing, Proposed Mountain Meadows Subdivision, County Road
111: Prince Creek Road, Garfield Couuty, Colorado
Dear Dr. Allen:
As requested, we conducted perco)ation at the subject site to evaluats the feasibility of the
subsoils tbr use in infiltration septic disposal systsms,
The test holes were excavated about 3 feet deep with a backltoe and a one foot deep by one
foot diameter hols was hand dug at the bottom of each pit. The percolation holes were
presoaked on April 18 ancl the percolation tests were performed on April 19' 1995. The
approximate loiations are shown on Fig. 1. No profile pit was excavatcd as this testing was
for prelimir''rry clesign informatiou ouly. The test holes were covered to protect theru against
freezing. T'he soils lxposecl in percolration holes P-l and P-2 consiste d of 2 to 3 feet of topsoil
and firm tro sriff sandy silty clay overlying sandy gravel with cobbles. The percolation tests
were perf'ormed in the lower sandy gravel. About I to I tlL feet of topsoil overlying silty
clay wit[ silty sand lenses was observed in test holes P-3, ?-4, and P-5. We expect that the
silty clays are underlain by sandy grarel.
The percolation test results are presen,tsd in Table I. Based on our exploration and testing, the
site should be suitable for conventional infllration septic disposal systclus. Systems based in
the sandy gr:avel may require a sanrl filter due to the fast percolation rate ald should be
designed by a civil engineer.
If you have any questions or need further assistance please call our office.
Sincerely,
-PAWLAK
Jewed By: DEI{
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Attachments
HerwonrH-Pawuf oTECHNICA L, INc'
xg1g6rn, Jr,,
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SCIJNT'Y ROAD I II
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LOCATION OF PECOLATION TEST HOLES
HEPWOBTH-PAWLAK
GE0TECHFIICAL, tn"'t95 eo8
P2lt
l,i"oJI ----*-l
IrI pt
I
' HEpwoRTH-pAWLAK GEorEcHNlcAL, lNc.
-TABLE I
PEROOLATION TEST RESULTS JOB NO. 195 208
.,
t
HOLE NO.HOLE DEPTH
(tNcHESt
LENGTH CIF
INTERVAL
(MINI
WATER DEPTH
AT START OF
INTEBVAL
ilNCHEST
WATEB DEPTH
AT END OF
INTERVAL
(INCHESI
DROP IN
WATEH
LEVEL
llNeHEsl
AVEBAGE
PEBCOTATION
RATE
(MtN./rNCH)
P-',l 63112 10
Watar
Added
6 314 z 1t2 4114
8112 31/4 s 114
P-2 64 10
Wator
Arltlsd
I 0 I
<1101t2o101t2
P-3 87 1t2 10 12112 lt 3/4 3t4
20
tl3r4 11 114 il2
11 1B 10 l12 314
10 112 10 1/4 1t4
10 114 I 1/2 314
9'UZ I llz
9 81t2 112
8112 I 1t2
I 7 112 1t2
7 1t2 7 112
a
:
*EPWoHrH-.PAWLAK GEOTECHNICAL. INC.
TABLE I
PERCOLATION TEST HESULTS JOB NO. 195 ZO8
v
HOLE NO.HOLE DEPTH
(lNcHES)
LENGTH OI:
INTERVAL
(MtNl
WATEB DEPTH
AT START OF
INTERVAL
tlNcHESl
WATEB DEPTH
AT END OF
INTERVAL
ilNcHESl
DBOP IN
WATER
LEVEL
ilNCHESI
AVERAGE
PERCOI.ATION
RATE
tMrN./rNCHl
P4 sB 1/2 10 91/4 I 1/4 0
bJ
I 1/4 I 114
I I 0
I I3/4 1t4
I3t4 8 gl4 0
8 3/4 g 112 u4
8112 g 114 114
8114 a1n 0
I 1/4 I 114
P-5 5+ 112 10 9 114 a 1t4 'l
40
I 1/4 I 1t4
I 7 314 114
7 3t4 7 1t2 1t4
7 112 7 1t4 114
7 114 7 114
7 B 314 1t4
6 314 6 112 1t+