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HomeMy WebLinkAbout1.0 ApplicationI o BEFORE TIIE BOARD OF COLTNTY COMMSSIONER OF GARMLD COI.INTY, COLORADO Pursuant to C.R.S (1973) Section 30-28- I 0 1 (10) (a) -(d) as amended, and the SubdivisionRegulationsofColorado,adopted April 23, 19g4, the o ? Commissioners respectfully petitions the Board of Countyof Garfield County,Colorado,to exempt bv ,-t Resolution the divi sion ofacre tract of land intoto.L le tracts ofacres eac[ more or less, from the definitionsof "subdivision " and "subdivided land" as the teuns are used and defined in C .R.S. (1973) Section 30_28-l0t (10) (a) - (d) and the Subdivision for the reasons stated below:I S TIBMITTAL REQUIREMENTS :An application which satisfied theinformation: A' sketch map at a minimum scale of 1":200'showing the legal description of theproperrv, dimension and area of a[ rots ". *p;;;intirests d;;;;;;;d, access ro :r'#Ltffi-of-way' and any proposed easements for drainage, irrigation, access orB' Vicinity map at a minimum scale of l ":2000' showing the general topographic andgeographic relation of the proposed exemption to-t"'ruoounaing *.u irirhin two (2)mites, for which a copy oiu.s c.s qrulr;;sj; illp ,nu, be used; and : i.*:,15'l}ffi::,*i*ffi;;i{li#:illJ*,, ora,etterrrom theproperty D' Names and addresttt orl#..s of record of land immediately adjoining and within200 feet of the proposed exemption, ,in";;;;;., "no ressees of minirars owners ;x[:f the property to be exempted, and tenants of any structure proposed forE' Evidence ofthe soir types and characteristics of each type; andF Proofoflegal and adequate;;;" ofdomestic *"* r". each rot created, method of ff#il *T"t', and letter of approvat of fire proi.rtio, ptan from appiopriate fireG' If connection to a community or municipal water or sewer system is proposed, a Ietterfrom the go":Tlg body stating a willingness to serve; andH. Narrative explainiig *h;.-.rrtion is being requested, and reuew criteria must be submiued with all the following - f3 (o.rrl{0 4slq 1 ukt'tet'l 1. o I. It shall be demonstrated that the parcel existed as described on January l,lg73 or theparcel as it exists presently N One ofnot more than three parcels created fiom a largerparcel as it existed on January 1,1973J. A $300.00 fee must be submitted with the O B"t l2s L Mailing Address Q.-f{^-?1b.50 City State arLe- t*;-_$ - b) .l+ Telephone Number E)GMPTION APPLICABILITY A. The Board of county commissioners has the discretioryry power to exempt a division of land fromthe definition of zubdivision and thereby from tt " p.o""a*" ii ,t "r" Regulations, provided the Boarddetermines that such exemption wili not impair o. ;;f; the stated purpose of the SubdivisionRegulations nor be. detrimental to the g.n.ril public welfare. The Board shall make exemptiondecisions in accordance with the requiiements- of these- regulations. Following a review of theindividual facts of each application in tigtrt of the ,.qui*.nts.of these Regulations, the Board mayapprove' conditionally approve or dany an e19m.ntion. _a, application for exemption must satisfi, ata minimum' all of the review ctiteria listed below c";fi;ce with the review criteria, however,does not ensure exemption. The BoarJ also may "onrioJ, uaditional factors listed in Section g:60of the Subdivision Regulations. No more than a total of four (4) lots, parcels, interests or dwelling units will be createdfrom any parcel, as that parcel'*as aesc.iuea in ttre r..oro, of the Garfield county clerkand Recorder's offce on January r, 1973. .tn orae. to orJiry for exemption, the parcel asit existed on January r, rg73, must have been 35 ,rr., o, greater in size at that time andnot a part of a recorded subdivision; however, any parcel to be divided by exemption thatis split by a public ^right-of-wuy 13t"i. or -Federal highway, counry road or railroad),preventing joint use ofthe p.opot"d tracts, and the divisiJr occurs along the public right-of-way' such parcels thereby created may, atthe discretion ofihe Board, not be considered tohave been created by. exemption with .eg*a to the rour 1+J lot, parcel, interest or dwellingunit limitation otherwise applicable. rorii. purposes of definition, all tracts of land 35 acresor greater in size, created after January l, lg73 will count as parcels of land created byexemption since January l, lg7 j. 2. o o E. F G H. B. AII Garfield County zoning requirements will be met; and c' All lots created.will have legal access to a public right-of-way and any necessary accesseasements have been obtained or rue in the p.o""r, Lru"ing ouiuir"a;Xa D' Provision has been made for an adequate source of water in terms of both the legal andphysical quality, quantity and dependabiliry, and-a-suitable rype of sewage disposal toserve each proposed lot' Proof of a legal'supprv rrruu be an approved substitute watersupply plan contract; augmentation plai; ; A;r;"."d welr permit; legally adjudicateddomestic water source oia contract fo, u'p".**.ni t.ga supply of domestic water to behauled from an outside site for a cistern. Proof oi the physical supply from a well for thepublic meeting, may be documentation from the Division or'wrt.r Resources thatdemonstrates that there are wells with t/+ mile ;f the site producing at least five (5)gallons/minul.t llot to the signing ora put, uii piyri""r water supplies using a well shalldemonstrate the following: l) That a four (a) hour pump test be performed on the well to be used;2) A well completion report demonstrating the depth of the well, thecharacteristics of the aquifer and the static iater level;3) The results of the roui 1+1 hour pump test indicating the pumping rate ingallons per minute and information strowing drawdor,il -a recharge;4) A written opinion of the person conaucting the well test that this wellshould be adequate to suppry water to the nuirb".oipropor.a rotr;5) An assumption of an average or no less than 3.5 people per dwelling unit,using 100 gallons of water per person, per day; r 6) If the well is to be shared, a legal, *Lri rh*rg agreement which discussesall easements and costs associaied with ttre oie#i"; il maintenance ofthe system and who wilr-be responsible for palng,to..o*, and how7) ii.. U,:i.}}H"#1i:,?i'ffi'lil;*"0,..,*,u*.u,o., and meetState guidelines concerning bacteria ana nitrates. For water supplies based on the use of cistern, the tank shall be a minimum of1000 gallons. Method of sewage disposal, and a letter of approval of the fire protection plan from theappropriate fire district; and All state and local environmental health and safety requirements have been met or are inthe process of being met; and Provision has been made for any required road or stonn drainage improvements; and Fire protection has been approved by the appropriate fire district; and 3 oo I Any necessary drainage, irrigation or utility easements have been obtained or are in theprocess ofbeing obtained; and School fees, taxes and special assessments have been paid.(The school impact fee is $200.00 foi.u.t lot created)--- J PROCEDURES A. B A request for exemption shall be submitted to the Board-on forms provided by theGarfield county planning Department. Two (2) copies of the apprication, maps andsupplemental information shall -be submiued. The Planning Department shall review the exemption request for completeness withineight (8) days of submittal. If incomplete, the uppti"ution shall be withdrawn fromconsideration and the applicant notified of the rJiiii"".r information needed. If theapplication is complete, ihe applicant shall be notifieJ in writing of the time and place ofthe Board of County Commissioners meeting at which the request shall be considered. Ineither case, notification shafl occur within fift"een (15jil;, "f submiuar. Notice of the public meeting shall be mailed by certified mail, return receipt requested, toowners of record of land immediately adjoining and within 200 feet "f ,l* proposedexemption' to mineral owners and lessees ofmineril owners of record of the land proposedfor exemptio& and to tenants of any structure proposed for conversion. The exemption siteshall be posted clearly.an{conspicutusly visible fr;;iliic right-of-way with notice signsprovided by the Planning Department. All notices shall f,"-rnuit"a at least fifteen (15) and notmore than thlrty (30) days prior to the me€ting ftr" uppri"*t shall be responsible for mailingthe notices and shall presint proof of maili; ., ,f,.li".rirg At or within fifteen (15) days of the meeting, the Board shall approve, conditionallyapprove or deny the ^exe.mgtion request. Thi reasons for denial or any conditions ofapproval shall be set forth in the minutes of the meeting or in a wriuen resolution. Anapplicant denied exemption shall follow the subdivisim p.?*oures in these regulations. C D I os-up,-\,,srcN *r*ir.gqrr-*,p couNryi @roRADo oF r.e84including qrlenQrgents tfrgggh f e y,engrle+Tr. jigil* 8:00 F\GMpfiON 8:IO APPLICABILIry The Board of county commissioners has the discretionary power to exempt adivision of land from the definition of subdivision *a, tr*r;br,?;r#ri..a*"in these Regulations, provided the Board determinesit.i ,u.r, exemption will notimpair or defeat the stated purpose of the Subdivision Regulations nor be detrimentalto the general public welfare The Board shall maie exemption decisions inaccordance with the requirements of these regulations. Following the review of theindividual facts of each application, in light oflhe ,.q,ri..il*s of these Regulations,the Board may approve c-onditiona,y".pp.or" or deny an exemption request. TheBoard has determined that leases, .*"**t, and other ri*it., interests in land for oiland gas facilities; and an accessory dwelling unit or *o-amy dwelling that aresubject to leasehold interest only and complyd with the-req,rir.r*,, of the c:arfierdCounty Zonng Resolutioq are exempt hom-thess;grfi;", 8:20 &:21 8:22 8:30 8:31 PROCEDURE A request for exemption shall be submitted to the Board on fonns provided. by theGarfield county pranning Department. Two (2) copies oithe applicatiorq maps andsupplementd informarion shail be submitted. The Planning Deparunent shall rerriew the exemption request for completeness withineight (8) days of submiu{- If incomplete, the application shal be withdrawn lromconsideration and the applicant notified of the adaitio;; information needed. If theapplication is complete, the applicarrt shail [s notified ir, *.it ng of the time and placeof the Board of county commissioners' meeting at *t i.r, the request shall be ffi*H"' In either case, notification .nu[ o"-.* ;,ir" fifteen (r5) days of BOARD OF COLTNTY COMMISSIONERS, MEETING The Board shall consider the exemption request at a scheduled Board meeting.Notice of the public rneeting 5heil !g *.il"a uy ""rrin"a rn"it, ,"*rn receipt requested,to owners of record ofland immediately adjoining *a *iinin r,,ryo hundred (200) feetofthe proposed exemption, to mineral o*rr"r, and lessees ofmineral owners of recordof the land proposed for conversion. The exemption site shall be posted clearly andconspicuously visibre fr:T u public right-of-way, with notice signs provided by thePlanning Department. All noiices shait be mailed at leasi fift".n (15) and not morethan thirry (30) days prior to the meeting. fn" "ppfi.arrt shatr 6" responsible formailing the notices and sha[ present prooiof m",lr"g;i,h; meeting. 8-l 8:32 8:33 8:40 8:41 8:42 OO At orwithin fifteen (15) days of the meeting the Board shall approve, conditionallyapprove or deny the o<ernption request. The reasons oi a."ia, or any conditions ofapproval' shall'be set forth in the minutes of the ,r""ting ; in a written Resolution.An applicant denied exemption shall follow ,rr. rri[iririon procedure in theseRegulations. A plat of an approved or.lndilonally approved exemption shall be presented to theBoard for signature within 120 dair olapprovar. ii" pr", shan incluJ"l-Leadescription ofthe erxemgled prop..ty,Ld Exemption c.nia.ute (See Appendix), thecounty surveyor's cerrificate 1d"" epp"ndix) and u o"i.ir-rour (4) rots, parcels, orinterest have been y31ed on the'pli..t, that ,,NorE: No further divisions byexemption from definition will be alrowed.,, The prat shail be recorded with thecounty clerk and Recorder no t"t., ttun thirry (30) days after the chairman,ssignature. The chairman ofthe Board of county c";;rr;ers sha, not sign a platof a conditionally approved exemption until all conditions of approval have beenCOmplied With. - vv"."svrrr vr cPPruY.u IIaYe 0 SI]B MITTAL MAPS AND SIJPPLEMENTAL TNFORMATION An application for exemption shal be accompanied by the folowing maps:A' Sketch map, at a minimum scale of 1"=200" ril*u the legal description ofthe property, dimension and area of all lots "l r"o.r"i; intereits to betreated,access to a pubric righl;of-way,. and any proptsed easements for drainage,inigatioq access or utilities; andB' vicinity map, at a minimum scale of 1,,=2000,, showing the generaltopographic and geographic I:l."rio.l of the proposed exemption to thesurrounding area within rwo (2) miles, fb. *hi;il a copy "f " u.i.c.s.quadrangle map may be used. The following supplemental information regarding the proposed exemption shall befiled with the application:a copy of the deed showing ownership in the appricant, or a letter from theproperty owner(s), if other than the applicant; ' ^ B' Names and addresses of owners of record of land immediately adjoining andwithin two hundred feet (200')^of th. p.opo..a.omptioq minerar ownersand lessees of mineral owners of ,ecorjoi;;;;;;rry to be exempted, andtenants of any structure proposed fo..on r"rri;;;'-c' Evidence of the soil types *a "t rr""teristics-oieach type;D' Proof of legal and adequat" rour." of domestic water for each lot created.Proof of a legal supply sha' 6s an approved substitute water supply plancontract or augmentation plan, an^approrrea wefl permit or legally "ffi.ut"adomestic water source- proof of phyri.J;;{ ror,n" public meeting maybe documentation from the Division orwater R"*rr.., that demonstrates ru 8-2 { 8:50 8.51 )o that there are weus within r/4. mile of the site producing at least five (5)gallonvminut.; plg.rb.the signing of a prag .ri ptvri.a water strppries shalldemonstrate the following:l. That a.four (j) !ro.r pump lest be performed on the we[to be used;2- A we[ completion r"port d"rnonrtruriog tl" depth of the we[ thecharacteristics of the aquifer and. the rtui" waterleve!3. The results ofthe four (a) hour pump test indicating the pumping ratein gaflons per minute and information strowin! arawdoil andrecnarge; 4' A written opinion of the person conducting the well test that this wellshould be adequate to supply water to thI number of proposed rots;5. An assumption of an average of no ress than 3.5 people per dwelingunit, using 100 gallons of water per person, p., auyi6' If the well is to be shared, a legaf 'we[ sharing declaratioq which discusses all easements and .orti..ro.iated witl the operuion andmaintenance of the system and who will be responsible for paying these costs and how assessments will be made foi these .o*r;'7' The water quality be tested by an independent testing laboratory andmeet state guiderines concerning bactiria and nitratis . ' For water s'rpplies based onthe use of cistern, the tank 5hafl [s a minimum of1000 gallons.E' Method of sewage disposal, and letter of approval of fire protection plan fromappropriate fire district;F. If connectior to a community or municipar water or sewer system, isproposed, a letter from the governing Uoay stating . *iUingr"ss and ability toserve; G' Narrative explaining why exemption is being requested;H' It shall be demonstrated thnt the parcel existed, as described on January 1,1973, or the par. cer as it exists presently, is one 1i; ornot more than three (3)parcels created from a larger parcer, as it existed on January r, 1973; andL School'fees, taxes ana specrat assessments have been paid.(The school impact fee is s200.0o for each lot created). REVIEW CRITERIA An application for exemption must satisfy, at a minimurn, all of the review criterialisted in Seaion 8:52. Compliance with thereview criteria, ho*.rr.r, does not ensuree>remption. The Board may also considex.the additionat factors listed. in Section g:60, 3nd. thl applicability standard of Section 8: 10, to determine whether the exemptiorgin the Board's discretion, shall be approved. or denied. 8-3 8:52 8:60 oo The Board shall not Srant an-exemption unless the division proposed for exemptionhas satisfied the following criteria:A' No more than a total of four (4) Iots, parcels, interests or dwelling units willbe created from a1v parcel, as'ttrat parcel was J;r.ribed in the records of theGarfield county clerk and Recordeis office on r*ruury r, rg73. In order toqualify for exemptioq the parcel as it existea on ranuary L, r973,must havebeen largel llrr,hrry five (35) acres in size at that time'anailt p.n or.recorded nrbdirl$ou howwer, anv parcel to be divided by;.;;;il;n thatis split by a public right-of-way (siate or Federar Highway, cornfr-ro.a o,railroad), preventing joint use ofin" proposed,oo, and the division occt'salong the public right-of-way, 2.h parcers thereby created *uv, L ,r,"discretion ofthe Board, not be considered to have been created by exemptionwith regard to-the four (4) lot, parcel, interest or dwelling unit limitationotherwise applicable. For the purposes of definitioq all tract of land thirtyfive (35) acres or greater in size, created after January r, rgl3,will count asparcels of land created by exemption since January 1,,Ig73.B. AII Garfield County zoning,.quir.renrs will be met,c' Atl lots created will have regal accesr ,o1-puuric right-of-way and anynecessary irccess easements have been obtained or are in the pro..r, of beingobtained:D' Provision has been made for an adequate source of water in terrrs of both thelegal and physigal qualiry, quantity aoa aepenaauility, and a zuitable rype ofsewage disposal to serve each proposed loi;E' All state and local environmental irealth -a ,.r"ay requirements have beenmet or are in the process of being met;F- Provision has been made for any required road or storrn drainageimprovements; G' Fire protection.has been approved by-the_appropriate fire district and impactfees are paid, based on a snrdy ol the fi,.;l i-p;; on the district by newsubdivision development, approved by the soari of county co-,oirion"r,and planning Commission.H' Any necessary drainage, irrigation or utiiity easements have been obtained or_ are in the process of being obtained; and - I' school fees, ta:<es and spiciar assessments have been paid. ADDITIONAL CONSIDERATIONS In the evaluation of each petition for exemption, and in addition to the review criteriain Section 8:52, the Board shall consid.ith. folo*ing,A- General conformance with the Garfierd count! comprehensive prarqB' Compatibility of the proposed exemption *itt existing land uses in thesurrounding area; { 8-4 oo c. D. E. F. G. H.I Recommendations.of any municiparity.yithin trvo (2) miles of the proposedexemptiorq or within tt'ee (3) miles, if the munictp.lfi;* a major streetplan; Recomnrendations of any state or locar agency or organization whose opinionthe Board determines ij necessary or appropriate; sftabrlity of soi! water, vggetation, geologic .na iopographic characteristicsof the land for the 6,pe of division-p-roposeO; Number of lots and/or multiple-dwefling units created by the proposedexemption; Provision for open space within the proposed exemption;Proposed density and provisions for adequate oflstreet parking; andcovenants and prat notes,- restricting the iots to the folro'wing:l. one (r) dog wilr be alloied for each residentiar unit within asubdivision and the dog shalr be required to be confined within theowner's property boundaries. The requirement, ,i"[ be included inthe protective covenants for the subdivision with enforcementprovisions alowing for the removar of a dog &om tire area.s a finat_ remedy in worst cases;2- No open hearth solid-fuel firepraces wiil be alowed anywhere withinan exemption. one (1) new sorid-fuel burning stove as defined byC.R.S. 2s-74.0.1, et. sew., and. the ,.gri"iion, promuigatedthereunder, wilr be aflowed in *y dwefling inir. e[ dwelring unitswill be allowed an unrestricted number of naturar gas burning stovesand appliances; and3' Each subdivision shafl have covenants requiring that an exteriorlighting be the minimum amount necessary and that ar exteriorlighting be directed inward, towards the interior ofthe subdivision,except that provisions may be made to ailow ro, saretv rigi,tirgiiuigoes beyond the properry boundaries. 8-5 ;31&Hf^1,'Hl*lTffi ;35910*.,' rs13 SIIERMAN ST., RM. 818, DEI\"\aER CO 80203phone - info: (303) 866-g5g7 main: (303) g66_35gl NEW 35 + ACRE RE SIDENTIAL o ns Water Well Permit lication tn The making of false state merfts herein constitutes perjuryin the second degree, w hich is punishable as a class 'l mis-demeanor pursuant to C.R.S. 2aa-1Oa(13Xa)I have read the statements herein, know the contents thereot and statethatare true to knowled Must L-o* APP1 LICANT RMAINFO TION or entriesl6eoUSEFWELLckcheaNama L C_Ri+tc-IN r+ of applicant 13o Mailing Addrcee iL5 G City R, Fle StctoCc S luso Zip code domestic animals, and t're inigation of not moretran one (1) acre of home gardens and lawns El B. Uvestock watering (on farm/ranch/rango/pasturc) A. Ordinary hou single-family sehold tnpurposes to 3up dwellings,tre ofwatering 7. WELL DA TAq,1 0 -- Tclcphonc Numbor (includo ama codo| c,],s --8'f + 2. TYPE OF APPLICATION SHALL NOT EXCEED 15 GPM MAXIMUM PRO DUCTION RATE OF THE WELL TYP OFE RES DENTIAL SEWAG E SYSTEM CONSTRUCT A NEW WELL ON A TRACT OF I.AND OF 35 ACRES OR MORE 3. REFER TO ca MH- aI tbg Itlonitoring holc lcknowlcdomont , 4. LOCATTON OF WELL El Other (attach copy of cnginccring dceisn) Se nta k aptic b s chlea torption le tdtrCentralsystem Location sowrgo to bc haulcd to: Oiatrict nrmc: EI Vault onal)9 PROPOSED WELL DRILLER (r e-\ a.Ouartor/qu.rt?r M 1,.-r 1A Quertar 5 -0t \ Irn s Dr' \\t,\Liconco G.3.5 Scction Townehip il or SG trE 911 n Er Rcnga E or W Principcl Moridian G rl-r appl orized agents01IGNATUREofrcant(ors)a IsDC 525 Distcnco of well from acction line6 if dif{eront lrcN/A m applicant addrcss {il applicablo}Wall location addrcas. 5 oTRACT N WH CH WILLWELL LOCABE EDT ) IrtlG Lf.r-r^--[--. DEtr DWR Map No. ATTACH LEGAL DESCRIPTTON FOR 35 + ACRE TRACT El Development A. p o,n",Pla* F1 '+P Lot no. Name Unit # B.STATE PARCEL lD:# C. # rece in fact l-T THIS WILL BE THE ONLY WELL ON THIS TR.ACT D. Offico Use Onlv USE DIV co WD BA MD Form GWS-50 (12/95) q3o L SoAA[t l.-.,(- u'\ w-{ S-olcu..^- 0z-sc,z5l *l+z_ I G,.,. \"L 6t-".oQ eu'Sci -A.-4-rt Eolc 3.*: z L L(- I \vf' ,\ llr-L-,,,,J 3 L.-.o-tL Q:1 \u\e.^ ^^ l?-L{--}\- Q^("i.^- ,-\"+Ls (, "->\v t-- af_.- p Qat^eJ;\f'-J, L^. 3 a,t\ G*-=-t P.Arc[<-w^,-. t B+s r zl" UbrcrJ [^] .>+ BrU) r"-f , k.,**,*-\- 61 ltz- 2AtI 34 g t {9 "r ,., .rs*'; rl*"trou, _d -,9itc'. '*- -r,f- t !-$ . 57r,.t' ()o,,7 07' 45'00" This soil survey mar Soil Conservat on S orthophotogra 'hs F ical Survey lrc n 19 division corners, il ' "AF* ivas compiled by the U.S. D€partment ol Agriculture' ,rice, and coopgrating agencies. Base maps are pared by the U'S. D€partmont of lnterior' GeoloS' iaetiat ptrotography. Coordinate grid ticks and land rwn, aro apprgximately positioned' 5 3 RiFLS ,.. .r .. tc I I 14 s4 E-:: 55 ..rti.- i:.''-,-_ 9E 99 LI 99 i:>, {. NOiITECH}IICAL SOILS DESCRIPTION REPORT NON TECHNICAL DESCRIPTIONS l,lap Synrbo Soit name and description 3 I Arvada L oam, 1 to 6 percent stopes III It I I { II IItt This deep, wett-drained soit is on fans and highterraces. This soil. formed in highl.y satine attuviumderived from sandstone and shate. The surface tayer isstrongly atkaline or very strongl.y atkal.ine Ioam about3 inches thick. The subsoit is sitty ctay loam about14 inches thick. The substratum is sitty ctay loam toa depth of 50 inches. permeabitity is very stou, andavaitabte xater capacity is moderate. Effectiverooting depth is 60 inches or more. Runoff is mediun,and the erosion hazard is moderate. This deep, rleLt-drained soit is on atluviat fans andsides of vatteys, This soit formed in attuvitrn derivedfrom sandstone and shate. The surface layer is loamabout 12 inches thick. The subsoil. is sandy cl,ay loamabout 21 inches thick. The substratum is gravefty sandy ctay loam or very gravelty sandy loam to a depthof 50 inches. permeabitity is moderate, and avail,abtexater capacity is moderate. Effective rooting depth is60 inches or more. Runoff is medium, and the erosionhazard is moderate. This broadty defined unit consists of exposed sandstone and shate bedrock and stony soil.s that are shaltow tomoderatety deep over sandstone and shal.e and stonybasattic attuvirm. Torriorthents make up about 60percent of this comptex, and Rock outcrop makes upabout 25 percent. The Torriorthents are on foothiil.s and mountainsides beLow the Rock outcrop. ,,t\- te,rttII IIt IIIf*\1k/t tI I ItI.t IIIIf III I {I Otney [oam, 6 to t2 percent stopes Torriorthents-Rock outcrop comptex, Steep Torriorthents are very shaLtow to moderatefy deep.They are wetI to somewhat excessivety dr.ained. Theygeneratty are ctayey to toamy and contain variabte amounts of pebbtes, cobbtes, and stones. permeabitityis stow to moderate, and water hol,ding capacity is verylot.t to low. Effective rooting depth is tb to +Oinches. Runoff is very rapid, and erosion hazard isvery high. NOIITECHNICAL SOILS DESCRIPTION REPORT NON TECHNICAL DESCRIPTIONS Map Synrbot II I SoiI name and description y Mesa Verde sandstone and tnlasatcht It Rock outcrop is mainL Sha t e. o U. S . DEPART},IENT OF AGR I CULTURE NATURAL RESo( RCES COilSERVATIoN SERVICE Soi t name CLASSIFICATION OF THE SOILS iION TECHNICAL DESCRIPTTONS PAGE 10F 1 01 /6/00 (The cl'assification report does not inctude recent amendments to soiI taxonomy for cation exchange activity,particte size modifier' and duat mineratogy for strongly contrasting ctasses. For more detaited informationcontact your tocaI usDA NaturaL Resources conservation service fietd office or state office. II I( Famity or higher taxonomic ctass IArvada'--'-- fusToLLIc NATRARGIDs, FrNE, l,rolrTr,roRILLoNITIc, I,,ESrc0tney--------------------1USTOLLIC HAPLARGIDS, FINE_LOAIity, I,XED, ,ESIcTorniorthents, Steep----.ITORRIORTHENTS U.S. DEPART}IENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE PAGE 10F 3 01 /6/00 IJATER FEATURES NOII TECHNICAL DESCRIPTIONS l1 F toodi n9 ,[High water table and ponding Ft I Ilap symbot and soi I name 3: A.vada--------- 6 6 otney-----------l B tI t-lD tI ItI-t I I IID lNone I { D lNone lHydro-t I I {tlatert I I lilaximun ItogictFrequencylDuration{lllonths I tabte I Kindof lllonths t Ponding{ ponding lgroup1 { { { depth fwatertablel tduration{ depth {_l_l_t_l_1_ III {None {t .[]'lone I I IIII II III I { I II IIII t t t I I tt I I { tIIt II III II t {fI {II II I { { III I { II IIIItII II I { II I { tII II I III Ft Torr i orthents, Steep--------- Rock 0utcrop, { Steep------'-'-1 a6.0 a6.0 06.0 a6.0 I 1_1_{ { I l-l I U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE PAGE 2 OF 3 01 /6/00 UATER FEATURES Endnote .. I.IATER FEATURES This report gives estimates of various soil. water features. The estimates are used in tand use planning that invotves engi neering considerat i ons. Hydrotogic soiI groups are used to estimate runoff from precipitation. Soits not protected by vegetation are assigned to one of four groups. They are grouped according to the infittration of Hater when the soiLs are thoroughty r.let and receive precipitation from tong-duration storms. The four hydrotogic soiI groups are: Group " 1". Soits having a high infittration rate (tot{ runoff potentiat) rhen thoroughty ret. These consist mainty of deep, wel,t drained to excessivety drained sands or gravetty sands. These soits have a high rate of xster transmi ss i on. Group "8". Soits having a moderate infittration rate uhen thoroughty wet. These consist chiefty of moderatety deep or deep, moderatel.y wetI drained or wetI drained soits that have moderatety fine texture to moderatety coarse texture. These soits have a moderate rate of Hater transmission. Group ,,c/. Soits having a stow infil'tration rate uhen thoroughty uet. These consist chiefl'y of soits having a l,ayer that impedes the downward movement of Hater or soits of moderatety fine texture or fine texture. These soits have a stox rate of water transmission. croup /D/', Soits having a very stow infittration rate (high runoff Potentiat) when thoroughty wet. Ihese consist chiefty of ctays that have a high shrink-snetI potentiat, soits that have a Permanent high water tabte, soits that have a ctaypan or ctay tayer at or near the surface, and soits that are shattow over nearty impervious materiat. . These soits have a very stow rate of water transmission. If a soit is assigned to two hydrotogic groups in this report, the first tetter is for drained areas and the second is for undrained areas. Ftooding, the temporary inundation of an area, is caused by overftowing streams, by runoff from adjacent stopes, or by tides. Water standing for short periods after rainfatI or snowmett is not considered ftooding, nor is water in swamps and marshes. This report gives the frequency and duration of ftooding and the time of year when ftooding i$ most tikel,y. Frequency, duration, and probabte dates of occurrence are estimated. Frequency is expressed as rrNonerr, rtRale,,t,,occasionat", and /'Frequent". "None" means that fl,ooding is not probabte; ,/Rarez that it is untikety but possibl,e under unusuat ueather conditions; //0ccasionat" that it occurs, on the average, once or tess in 2 years; and //Frequent" that it occurs, on the average, more than once in 2 years' Duration is expressed as /,Very briefz if less than 2 days, 'tBrietil if 2 to 7 days, ilLangtt if 7 to 30 days, and "Very [ong// if more than 30 days. The information is based on evidence in the soit profite, namety thin strata of gravet, sand, sitt, or ctay deposited by ftoodtater,' irregutar decrease in organic matter content Hith increasing depth; and absence of distinctive horizons that form in soits that are not subject to flooding' Atso considered are tocat information about the extent and Levets of fl,ooding and the retation of each soiI on the landscape to historic ftoods' PAGE 30F 3 01 /6/00U . S. DEPARTI'IENT OF AGR I CULTURE NATURAL RESOIJRCES CONSERVATION SERVICE I.IATER FEATURES ndnote -- WATER FEATURES-'continued tnformation on the extent of ftooding based on soiI data is less specific than that provided by detaited engineering surveys that detineate ftood-prone areas at specific ftood frequency Ievets. High r.rater tabte (seasonat) is the highest levet of a saturated zone in the soit in most years' The depth to a ;easonal high water tabte appties to undrained soil.s. The estimates are based mainty on the evidence of a saturated zone, namety grayish cotors or motttes in the soit. tndicated in this report are the depth to the seasonaI high water tabte; the kind of water tabte, that is,'/Apparent", '/Antesian'/, or /'Perched'/; and the months of the year that the Hater tabte cormonty is high. A b,ater tabte that is seasonatLy high for Iess than 1 month is not indicated in this report. An /Apparcnt/ H6ter tabte is a thick zone of free water in the soil,. tt is indicated by the [eve[ at xhich water stands in an uncased borehote after adequate time is attowed for adjustment in the surrounding soit. An ,rArtesian, water tabte exists under a hydrostatic beneath an impermeabte tayer. tJhen the irpermeabl,e Iayer has been penetrated by a cased borehote, the water rises. The finat l,evel, of the water in the cased borehole is characterized as an artesian uater tabte. A "perchedz Uater tabte is water standing above an unsaturated zone. In ptaces an uPper, or "Perched'/, Hater tabl,e is separated from a tower one by a dry zone. onty saturated zones r'lithin a depth of about 6 feet are indicated. ponding is standing water in a ctosed depression. The water is removed onty by deep percotation, transpiration, evaporation, or a combination of these processes' This report gives the depth and duration of ponding and the time of year when ponding is most Likety' Depth, duration, and probabte dates of occurrence are estimated' Depth is expressed as the depth of ponded water in feet above the soit surface. Duration is expressed as /'Very briefr/ if less than 2 days, t,Brief,'if 2 to 7 days, 'tLongt' il 7 to 30 days, and "Very [ong" if more than 30 days' The information is based on the retation of each soiI on the landscape to historic ponding and on tocal information about the extent and .tevets of Ponding' U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOT'RCES CONSERVATION SERVICE PAGE 10F ? 01 / 6/00 RANGELANDPRoDUCTIVITYANDCHARACTERISTIcPLANTCoI,II.IUNITIES NON TECHNICAL DESCRIPTIONS (Onty the soits that support rangetand vegetation suitabte for grazing are Iisted. PPt means precipitation) tlap sytttbot and soi I name Range site I {Compo' tls i t ion I If I { ,[ I I t[ Totat production I characteristic vegetation {Kind of year I DrY I {weight t_ ctP,l {3: I Arvada"-"-"--{SALT FLATS ney- - -- - - - - - - -lRoLLING LoAM { {I !Favorabte {Norma I lUnfavorabteII ,[ { I 1 {FavorabI e {Norma I {UnfavorabI e {II fLb/ I I I I II { { I III { I II I acre{ IIttl 900 lLlestern wheatgrass" " "' -- " "'l 650 llntand sattgrass-------'-"---'-l 500 lAtkat i sacaton-'---"'-----'---'l {Winterfat'-- '---"-l lGardner sattbush-------- - "' - - --l {Greaserood-- -'--"'l {Botttebrush squi rrettai t--- - - -' -1 {1tl {tlestern wheatgrass----'---' -' - --l {Btuebunch Hheatgrass- - - - - -' - -' - -1 tlBasin big sagebrush-""'--- - "-{ lNeedteandthread' - -' - - " - - - - -' - -'{ llndian ricegrass--" -' --'--' -' -'1 {Rabbitbrush "---'-'{ 10 10 10 4 I III II {I { I { II 1 ,000 800 500 ?0 15 15 10 10 5t_ U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOTJRCES CONSERVATION SERVICE PAGE 20F 2 01 / 6/00 ENdNOIC .. RANGELAND PRODUCTIVITY AND CHRACTERISTIC PLANT COI4MUNITIES tn areas that have simitar cLimate and topography, differences in the kind and amount of vegetation produced on rangetand are ctosety retated to the kind of soit. Effective management is based on the retationship between the soits and vegetation and xater. This report shows, for each soit, the range site; the totat annuat production of vegetation in favorabte, normat, and unfavorabl,e years; the characteristic vegetation; and the average percentage of each species. onLy those soil,s that are used as rangetand or are suited to use as rangetand are tisted. An exptanation of the cotumn headings in this report fottows. RANGE SITE is a distinctive kind of rangetand that produces a characteristic natural ptant cofirunity that differs from natural ptant cormunities on other range sites in kind, amount and proportion of range p[ants. ,he retationship betweeen soits and vegetation was ascertained during this survey; thus, range sites generatIy can be determined directty from the soit map, Soil, properties that affect moisture suppIy and ptant nutrients have the greatest inftuence on the productivity of range ptants, Soit reaction, satt content, and a seasonaI high uater table are atso inportant. TOTAL PRO0UCTIoN is the amount of vegetation that can be expected to groH annuat[y on relI managed rangeland that is supporting the potentiaI naturaI ptant conmunity. It inctudei atl' vegetation, whether or not it is patatabte to grazing animats, It inctudes the current year's growth of teaves, twigs, and fruits of woody pl,ants. It does not inctude the increase in stem diameter of trees and shrubs' It is expressed in pounds per acre of air-dry vegetation for favorabte. normat, and unfavorabte years. In a favorabte year, the amount and distribution of precipitation and the temperatures make growing conditions substantiau.y better than average. tn a normal year, growing conditions are about average. In an unfavorabte year, growing conditions are wett betou average, generatty because of Iow avaitabte soiI moisture. Dry weight is the totat annuat yietd per acre of air-dry vegetation, Yietds are adjusted to a cormon percent of air'dry moisture content. The retationship of green weight to air-dry weight varies according to such factors as exposure, amount of shade, recent rains, and unseasonable dry periods' CHARACTERISTIC VEGETATION The grasses, forbs, and shrubs that make up most of the potentiaI naturat ptant cormunity on each soit is tisted by comnon name. under coMpoSITION the expected percentage of the totat annual production is given for each species making up the characteristic vegetation. The amount that can be used as forage depends on the kinds of grazing animats and on the grazing season. Range,management requires a knowtedge of the kinds of soiL and of the potential natural ptant cormunity. It atso requires an evatuation of the present range condition. Range condition is determined by comparing the present ptant conmunity r{ith the potentiaI naturat ptant cormunity on a particutar range site. The more ctosety the existing cormunity resembtes the potentiaI corrnunity, the better the range condition. Range condition is an ecologicat rating onty. The objective in range management is to control grazing so that the ptants growing on a site are about the same in kind and amount as the potentiat naturat ptant cormunity for that site. Such management generatty results in the optimum production of vegetation, controI of undesirabte brush species, conservation of water, and controt of erosion. Sometimes, however, a lange condition somewhat betow the potentiat meets grazing needs, provides witdtife habitat, and Protects soiI and ]iater resources' U.S. DEPART}IENT OF AGRICULTURE NATURAL RESOT'RCES COI.ISERVATION SERVICE PAGE 10F 3 01 /6/00 I.JILDLIFE HABITAT NON TECHNICAL DESCRIPTIONS I PotentiaI for habitat etements I Potentiat as habitat for-- {Grainl 1l',il.dt I { I I topen-!r.lood-t lRanse-{ and {Grasses{ herba-{ Hard- I Conif-lshrubslt,tetl.andlshattowt tand I land llJettand{ [and Ilap symbot and soi I name f,[,[3: I I 'l Arvada----------IVERY IVERY lPooR I PooR { PooR {tf{l,[1 ney-----------{P00R lFAIR fFAI { seed f and I ceousl wood { erousf { crops {tegumes{ plantsi trees t ptants{1_1_t t_ {ptants I water { witd- { witd- I ritd- 1 witd- I lareasttife f tife ltife tt.ifel_l_,t_l_l_{_ E { I I II II ,[ I 1f I ,[ { I IfI II II ,[ II t { ,[ I I ll {l lVERY IPOOR I PooR Iltlt lFAIR IPOOR{ttl1t1l t I IVERY I PooR t t TVERYt PooR II I I I 'VERYI PooR t t IFAI R ItI I II. TVERY t PooR I I- IVERY t PooR tt I- IVERY t P00R t t ,l I TVERY { PooR I I IFAI R tII I IFAIR II I I I I I I It- ttI II ,l { I t ,2.(04 Yorri orthents, IIt f III I R lPooR lPooR IVERY IPoORRsteep----------tPooR {VERY {FAI I I PooR ,[ {1,[ Rock outcrop, I ,t I I I lPooR Itllfltlr Steep.. - -. -.. -.{VERY {VERY IVERY {VERY {VERY 1VERY {VERY {VERY IVERY IVERY IVERY {VERY 1P00R {PooR 1P00R lPooR {PooR lPooRlPooR {P00R lPooR lpooR lpooR {pooR1_'l_n_'l_1_1_,1_,1_l_1_l_{_ U.S. DEPARTI{ENT OT AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE PAGE LIILDLIFE HABITAT ENdNOIE - - t.,t LDL I FE HAB I TAT Soits affect the kind and amount of vegetation that is avaitabte to ritdtife as food and cover. They also affect the construction of water impoundments. The kind and abundance of wildtife depend largety on the amount and distribution of food, cover, and water. tlildtife habitat can be created or improved by ptanting appropriate vegetation, by maintaining the existing ptant cover, or by promoting the naturat estabtishment of desirabte ptants In this report the soi[s are rated according to their potential for providing habitat for various kinds of witdl,ife. This information can be used in ptanning parks, witdtife refuges, nature study areas, and other devetopnents for witdtife; in setecting soits that are suitabte for estabtishing, improving, or maintaining specific etements of witdtife habitat; and in determining the intensity of management needed for each etement of the habitat, The potentiaI of the soiI is rated t'Good,'t ttFait," ilPoot," ot t'Vety poor." A rating of 'tcood indicates that the etement or kind of habitat is easity estabtished, improved, or maintained. FeH or no Iimitations affect management, and satisfactory results can be expected, A rating of ttFair't indicates that the etement or kind of habitat can be estabtished, improved, or maintained in most ptaces. Moderatety intensive management is required for satisfactory resutts. A rating ol,,Poor,, indicates that Iimitations are severe for the designated etement or kind of habitat, Habitat can be created, improved, or maintained in most ptaces, but management is difficutt and rust be intensive., A rating of',Very poor,'indicates that restrictions for the etement or kind of habitat are very severe and that unsatisfactory resutts can be expected. creating, improving, or maintaining habitat is impracticaI or impossibte. The etements of wiLdtife habitat are described in the fottoxing paragraphs. GRAIN AND SEED CRoPS are domestic arains and seed-producing herbaceous ptants. SoiI properties and features that affect the growth of grain and seed crops are depth of the root zone, texture of the surface tayer, avaitabte water capacity, wetness, stope, surface stoniness, and ftood hazard. Soit temperature and soit moisture are atso considerations. Examptes of grain and seed crops are corn, Hheat, oats, and bartey. GRASSES AND LEGUMES ane domestic perenniaI grasses and herbaceous legunes. SoiI properties and features that affect the growth of grasses and tegumes are depth of the root zone, texture of the surface tayer, avaitabte water capacity, wetness, surface stoniness, ftood hazard, and stope. SoiI temperature and soiI moisture are atso considerations. Examptes of grasses and Iegumes are fescue, Iovegrass, bromegnass, ctover, and atfatfa. tllLD HERBACEOUS PLANTS are native or naturaIty estabtished grasses and forbs, incIuding reeds. SoiI properties and features that affect the growth of these ptants are depth of the root zone, texture of the surface tayen, avaitabte water capacity, wetness, surface stoniness, and flood hazard. SoiI temperature and soiI moisture are also considerations, Exanptes of ui td herbaceous ptants are btuestem, gotdenrod, beggarweed, Hheatgrass, and grama. HARDIJOoD TREES and woody understory produce nuts or other fruit, buds, catkins, tiigs, bark, and foliage. SoiI properties and features that affect the growth of hardwood trees and shrubs are depth of the root zone, avai Iabte water capacity, and retness. Examptes of these pIants are oak, poptar, cherry, sweetgun, appte, hawthorn, dognood, hickory, btackberry, and btueberry. Examptes of fruit-producing shrubs that are suitabte for ptanting on soiIs rated are Russian-otive, autumn-oIive, and crabappte. CoNlFERots PLANTS furnish browse and seeds. SoiI properties and features that affect the grorth of coniferous trees, shrubs, and ground cover are depth of the root zone, avaitabte water capacity, and wetness. Exanrptes of coniferous ptants are pine, spruce, fir, cedar, and juniper. SHRUBS are bushy woody ptants that produce fruit, buds, twigs, bark, and fo[iage. SoiI properties and featunes that affect the growth of shrubs are depth of the root zone, avaitabte water capacity, satinity, and soit moisture. Exanp(es of shrubs are mountainmahogany, bitterbrush, snowberry, and big sagebrush. 20F 3 01 /6/00 U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE PAGE 3 OF 5 01/6/00 IJILDLIFE HABITAT Endnote -- [lILDLI FE HABITAT--Continued UETLAND pLANTS are annuaI and perenniaI xitd herbaceous ptants that grox on moist or Het sites. Submerged or fl,oating aquatic ptants are exctuded, Soil, properties and features affecting Hetland Ptants are textune of the surface Iayer, wetness, reaction, satinity, stope, and surface stoniness. Examptes of r'rettand ptants are smartHeed, Hitd mittet, ritdrice, sattgrass, cordgrass, rushes, sedges, and reeds' SHALLOW LTATER AREAS have an average depth of tess than 5 feet. some are naturatty wet areas. others are created by dams, tevee., or other Hater-controI structures. Soit properties and features affecting shaItox ]later areas are depth to [1 r-ock, wetness, surface stoniness, stope, and permeabitity. Examptes of shattow Hater areas are marshes, HaterfoHI freding areas, and ponds. The habitat for various kinds of witdtife is described in the foLlowing paragraphs. HABITAT FOR OPENLAND ll,ILDLIFE consists of croptand, pasture, meadors, and areas that are overgrown with grasses, herbs' shrubs, and vines. These areas produce grain and seed crops, grasses and Iegumes, and nitd herbaceous ptants- t,,itdtife attracted to these areas inctude bobwhite quait, pheasant, meadowIark, field sParrolr, cottontait, and red fox. HABITAT FOR WOODLAND WILDLIFE consists of areas of deciduous ptants or coniferous ptants or both and associated grasses' Iegumes, and witd herbaceous ptants. tlil,dtife attracted to these areas inctude wild turkey, ruffed grouse, woodcock, thrushes, uoodpeckers, squirrets, gray fox, raccoon, deer, and bear' HABITAT tOR IIETLAND WILDLIFE consists of open, marshy or sr{ampy shattor Hater areas. Some of the wil'dl'ife attracted to such areas are ducks, geese, herons, shore birds, muskrat, mink, and beaver. HABITAT FOR RANGELAND t,IILDLIFE consists of areas of shrubs and witd herbaceous Ptants. t,itdtife attracted to rangetand inctude antetope, deer, sage grouse, meadoltark, and Iark bunting' U.S. DEPARTMENT OF AGRICULIURE NATURAL RESOURCES CONSERVATION SERVICE PAGE 10F ? 01 /6/00 CHEl.llcAL PR0PERTIES 0F THE SoILS NON TECHNICAL DESCRIPTIONS 11{tt{tt { Depth { CLay I Cation- { Soit { Catcium { Gypsum {satinity{ Sodiun I I {exchange {reaction fcarbonatel { ,ladsorption I tr {capacityf { ,[ I I ratio Map sylbot and soi I name Arvada----------0-3 In { Pct fmeq/100g I pH 3- 17 1{(I{tr I 15-27110.0-25.0{ { 35-40{20.0-35.01 f 30-40115.0-30.0{t{1lff t 18-24110.0-20.01 I 22-26110.0-20.01 I 18-221 5.0-15.01 1 16-?21 5.0-15.01 {111{tltrf ---I I I 5-351 5.0-20.0{t ---{ If1,[{1{1---I { 17-60 { I I {I {III { {I {I {I { {I II 7.9-9.0 8.5-1 1. 7.9-9.0 6.6-7.8 7.4-8.4 7.9-8.4 7.9-8.4 6.1-8.4 5'1_-_:'4 { ItI 01 If tt I { I II I {I ,l I { { Pct t IIItIII II I II II II ,l {f f Pct III --- { 0-1 f 0-2 I It --- I --- { --- I --- I { {I --- { --- { --- 1 II --- lrmhos/cmi 5-10 5-10 5-10 4 4 16 0- 0- 4- 0-2 ?': t tt III II I I t IIII I II { { 0- 10 1 0-30 1 0-30 a.t0tney----------- @ Torr i orthents, Steep---------- 0-'t2 1?-33 33-43 43-60 1- 10 10- 15 10- 15 0-2 0-2 0 4 4 30 3430 0-5 0-5 Rock Outcrop, Steep----------0-60 1_{_f_{ { f_t_I_ U.S. DEPARTI.IENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE PAGE 20t 2 01/6/00 CHEMICAL PROPERTIES OF THE SOILS Erdnote . - CHEI.I I CAL PROPERT I ES OF THE SOI LS This report shoxs estimates of some characteristics and features that affect soiL behavior. These estimqtes are given for the major tayers of each soiI in the survey area. The estimates are based on fietd observations and on test data for these and simitar soits. CLAY as a soiI separate consists of mineral soiI partictes that are less than 0.002 mittimeter in diameter. In this report, the estimated ctay content of each major soit tayer is given as a percentage, by weight, of the soiI materiaI that is less than 2 mittimeters in diameter. Ihe amount and kind of ctay greatty affect the fertiLity and physical. condition of the soit. They determine the abitity of the soiI to adsorb cations and to retain moisture. They inftuence shrink-swetI potentiat, permeabitity, and pIasticity, the ease of soil. dispension, and other soiI properties. The amount and kind of clay in a soiI atso affect ti t tage and earthmoving operations. CATIOII EXCHANGE CAPACITY (CEC) is the total amount of cations hel,d in a soiI in such a Hay that they can be removed onty by exchanging Hith another cation in the naturat soit sotution. CEC is a measure of the abiLity of a soiI to retain cations, some of which are ptant nutrients. Soits with Low CEC hotd few cations and may require more frequent apptications of fertitizers than soits with high CEc. Soits rlith hish cEC have the potentiaI to retain cations, thus reducing the possibitity of pottution of ground water, S0lL REACTION is a measure of acidity or atkatinity and is expressed as a range in pH vatues. The range in pH of each major horizon is based on many fietd tests, For many soits, values have been verified by Iaboratory anatyses. Soit reaction is important in setecting crops and other ptants, in evatuating soiI amendments for fertitity and stabitization, and in determining the risk of corrosion. CALCIUM CARBONATE is the percentage by weight of catcium carbonate in the fine-earth materiat, tess than 2 mittimeters in size. GYPSUI,I is the percentage by weight of hydrated catcium sutfates 20 mil,l.imeters or smatter in size, in the soit. SALINITY is a measure of solubte satts in the soiI at saturation. It is expressed as the etectricaI conductivity of the saturation extract, in miLl.imhos per centimeter at 25 degrees C. Estimates are based on fietd and taboratory measurements at representative sites of nonir'rrigated soi Is, The satinity of irrigated soits is affected by the quatity of the inrigation Hater and by the frequency of Hater apptication. Hence, the satinity of soits in individuaI fietds can differ greatty from the vatue given in the report. Sal,inity affects the suitabil.ity of a soiI for crop production, the stabil.ity of soiI if used as construction materia[, and the potential of the soit to corrode metal and concrete. SODIUM ADS0RPTION RATI0 (SAR) expresses the retative activity of sodiun ions in exchange reactions in the soit. SAR is a measure of the amount of sodium retative to catciun and magnesium in the water extract from saturated soiI paste. u. s. DEPARTT1EN }IATURAL RESCI,JR T OF AGRICULTURE CES CONSERVATION SERVICE PAGE 10F 4 01 /6/00 (Entries unter ,,Erosion factors--T,, appty to the entire profite. ,,Uind erodabitity index/' apply onty to the surface Iayer) trlap and soi I name Entries under '/Uind erodibiIity grouy'/ and I f I f t I I tErosionfactorsttJind tttind tDepthlCl'ay1l'loisttPermea.{Avail.abtelShrink..[0rganicl-lerodi-lerodi. I f { butk I bitity I water t swett lmatterf t I lbitityibitity I { fdensityl {capacitylpotentiatl I K lKf tTtsroupfindex tlll_1_lttl_t_l__t Pct 1 s/cc {ttll 15-2711.25-1.40t 35-40{1.15-1.301 30-40f1.15-1.301 {1tt 18-24{1.25-1.401 22-26n1.25-1.40{ PHYSICAL PROPERTIES OF SOILS NON TECHNICAL DESCRIPTIOIIS In/hr I Inlin IftIt 0.60-6.00 10. 13-0. 16fLow 0.06-0.20 10. 15-0. 181High 0.06-0.20 10. 10-0. l3lHigh1ttt 0.60-2.00 i0. 15-0. 18{Low 0.60-2.00 {0. 14-0. 17lLox r ttIttr tt 0.3710.37121 4L 3: Arvada- - - - In 0-3 3-17 17-60 0-12 12-33 ! {I 0-4 I 4-30 I 50-34 { { I 0-60 I IIt---l I II I---l I I ,[ II ,l ---1 I { I {---t III { ,[ { { II { 5-1 0-0 Itt l0 {0 10 I I 11 {0 f0 10III 10 10 { I {t Pct III 0l 0t 5l I I 0l 0l 0l 5t I I t 0l 5l I II II II I f f II ,t I I { { t { {I III I I I II II II I I-t {I tt-t tttt 28t 0.281 5 201 0.201 151 0.241 101 0.281 lttlll- I --- t-- o oL @ Torr i orthertts Steep------- ney" "' Rock outc Steep- -'- It11tt-t { - 35tr1.30-1.50{ 0.60-1 {0.00t11l-t I - 0.321 0.321 0.371 0.371 0.32'l 0.321 0 0 0 0 5-1 5-1 0-0 0-2 5-1 5-1 0-0 6 86 48 33-43 { 18-?211.25-1.50{ 0.60-2. 43-60 { 16-2211.25-1.501 o.60-6. 07-0.13lLox 05 - 0.09lLow IItI 10-0.18fLow 00 1o 00 l0 II I { o0 {0 20 I {II 2 0 5 I III t II t-I ---8t_t_l_t_t_r__t_ U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOI'RCES CONSERVATION SERVICE PAGE 20F 4 01 /6/00 PHYSICAL PROPERTIES OF SOILS Endnote.- PHYSICAL PROPERTIES OF SOILS This report shous estimates of some characteristics and features that affect soil behavior. These estimates are given for the major layers of each soit in the survey area. The estimates are based on fietd observations and on test data for these and simitar soits. cLAy as a soil separate consists of mineral soit partictes that are [ess than 0.002 mittimeter in diameter' In this report, the estimated c1ay content of each major soil, tayer is given as a percentage, by weight, of the soiI materiaL that is Iess than 2 mittimeters in diameter. The amount and kind of ctay greatty affect the fertitity and physicat condition of the soit. They determine the abil,ity of the soiI to adsorb cations and to retain moisture. They inftuence shrink-st.lett potentiat, permeabil.ity, ptasticity, the ease of soiI dispersion, and other soit properties. The amount and kind of ctay in a soiI atso affect tittage and earthtnoving oPerat i ons. i.lolsl BULK DENSITY is the reight of soit (ovendry) per unit votune. Votune is measured when the soit is at fietd moisture capacity, the moisture content at 1/3 bar moisture tension. Ueight is determined after drying the soit at 105 degrees C. In this report, the estimated moist butk density of each major soiI horizon is expressed in grams per cubic centimeter of soit materiat that is less than 2 mittimeters in diameter. Butk density data are used to compute shrink-swett potentiaL, avaitabte water capacity, totat pore space, and other soil. properties. The moist bul.k density of a soit indicates the pore space avaitabte for Hater and roots. A butk density of more than 1.6 can restrict Hater stonage and root penetration' I'loist butk density is inftuenced by texture, kind of ctay, content of organic matter, and soiI structure' PERIIEABILITY refers to the abiLity of a soiI to transmit uater or air. The estimates indicate the rate of downward movement of water when the soit is saturated. They are based on soiI characteristics observed in the fietd, particuiarty structure, porosity, and texture. Permeabitity is considered in the design of soit drainage systems, septic tank absorption fietds, and construction where the rate of Hater movement under saturated conditions affects behavior' AVAILABLE TJATER CAPACITy refers to the quantity of water that the soil' is capabte of storing for use by ptants. The capacity for uater stonage is given in inches of water per inch of soit for each major soi[ [ayer' The capacity varies, depending on soiI properties that affect the retention of water and the depth of the root zone. The most important properties are the content of organic matter, soiI texture, butk density, and soiI struct.ure. Avaitabte llater capacity is an important factor in the choice of plants or crops to be groHn and in the design and management of irrigation systems. Avaitabte water capacity is not an estimate of the quantity of water actuatty avaitabl,e to ptants at any given time' SHRINK-SWELL POTENTIAL is the potentiat for votune change in a soit with a loss or gain of moisture' Vo(une change occurs mainty because of the intenaction of cl.ay minerats t{ith water and varies Hith the amount and type of ctay minerats in the soit. The size of the toad on the soit and the magnitude of the change in soiI moisture content inftuence the amount of sweu.ing of soits in ptace, Laboratory measurements of swetting of undisturbed ctods were made for many soits. For others, swetting Has estimated on the basis of the kind and amount of ctay minerals in the soiI and on measurements of simitar soits. lf the shrink-swetI potentiat is rated moderate to very high, shrinking and swetting can cause damage to buitdings, roads, and other structures' SpeciaI design is often needed. Shrink-swett potential. ctasses are based on the change in l,ength of an unconfined ctod as moisture content is increased from air-dry to fietd capacity. The change is based on the soiI fraction Iess than 2 mil,l.imeters in diameter. The ctasses ate tLoH,'t a change of less than 3 percent; /Moderate," 3 to 6 percent; and /High,r, more than 6 percent . ttverY high,// greater than 9 percent, is sometimes used' 4 U. S. DEPARTI'IENT 0F AGR I CULTURE NATURAL RESOURCES CONSERVATION SERVICE PAGE PHYSICAL PROPERTIES OF SOILS Endnote -- PHYSICAL PROPERTIES OF SOILS..Continued ORGANIC IIATTER is the ptant and animal residue in the soiI at various stages of deconposition. In report J, the estimated content of organic matter is expressed as a percentage, by weight, of the soiI material that is Iess than 2 mittimeters in diameter. The content of organic matter in a soiI can be maintained or incceased by returning crop residue to the soit. Organic matter affects the avaitabte water capacity, infil.tration rate, andtitth. lt is a source of nitrogen and other nutrients for crops, EROSION FACTOR K indicates the susceptibil,ity of the whote soit (inctuding rocks and rock fragments) to sheet and ritI erosion by water. Factor K is one of six factors used in the Universat SoiL Loss Equation (USLE) to predict the average annual rate of soiI toss by sheet and ritI erosion in tons per acre per year. The estimates are based primarity on percentage of sitt, sand, and organic matter (up to 4 percent) and on soiI structure and permeabitity. Vatues of K range from 0.05 to 0.69. The higher the va[ue, the more susceptibte the soit is to sheet and rit[ erosion by water. ERoslON FACTOR Kf is tike EROSION FACTOR K but it is for the fine-earth fraction of the soil, rock fragments are not considered. Rocks and EROS!0N FACTOR T is an estimate of the maximum average annual rate of soil. erosion by wind or Hater that can occur without affecting crop productivity over a sustained period. The rate is in tons per acre per year. LIIND ER00IBILITY GROUPS are made up of soil.s that have simitar properties affecting their resistance to Hind erosion in cuttivated aneas. The groups indicate the susceptibitity of soit to wind erosion. Soits ar-e grouped according to the fottowing distinctions: 1. Coarse sands, sands, fine sands, and very fine sands. These soits are generatty not suitabte for crops. They are extremety erodibte, and vegetation is difficul.t to estabI i sh. 2. Loamy coarse sands, loamy sands, toamy fine sands, loarry very fine sands, and sapric soiI materiat. These soits are very highty erodibte. crops can be grown if intensive measures to controt wind erosion are used. 3. Coarse sandy loams, sandy loams, fine sandy toams, and very fine sandy loams. These soits are highty erodible. Crops can be grown if intensive measures to controI xind erosion are used. 4L. Catcareous toams, sitt toams, ctay toams, and sil,ty cl.ay loams. These soits are erodibte. Crops can be grown if intensive measures to controt wind erosion are used. 4. Ctays, siIty ctays, noncatcareous ctay Ioams, and silty ctay toams that are more than 35 percent ctay. These soits are moderatety erodibte. Crops can be grown if measures to controt wind erosion are used. 30F 1 01/6/00 U. S. DEPARTI.IENT OF AGR I CULTURE NATURAL RESOI'RCES CONSERVATTON SERVICE PAGE PHYSICAL PROPERTIES OF SOILS Endnote -- PHYSICAL PROPERTIES 0F S0ILS--Continued 5. Noncatcareous loams and sitt loams that are less than Z0 percent ctay and sandy ctay [oams, sandy ctays, and hemic soiI materiat. These soits are stightl.y erodibte. Crops can be grown if measures to control wind erosion are used. 6. Noncatcareous loams and sitt toams that are more than 20 percent ctay and noncatcareous ctay loams that are less than 35 percent ctay. These soi[s are very sl,ightty erodibl.e. Crops can be grown if ordinary measures to control wind erosion are used. 7. Sitts, noncatcareous sitty ctay loams that are less than 35 percent clay, and fibric soil materiaL. These soits are very stightty erodibte. crops can be gronn if ordinary measures to controI uind erosion are used. 8. Soil,s that are not subject to tind erosion because of coarse fragments on the surface or because of surface Hetness. The tllND ERoDIBILITY INDEX is used in the wind erosion equation (t,EA). The index ntmber indicates theamount of soit lost in tons Per acre per year, The range of wind erodibitity index nurnbers is 0 to 300 10F 1 01 /6/00 PAGE 10F ? 01 /6/00U.S. DEPARI}IENT OI AGRICULTURE NATUIAL RESOURCES COIISERVATION SERVICE SOIL FEATURES NON TECHNICAL DESCRIPTIONS I Bedrock tr cemented pan f Subsidence I I Risk of corrosion tlap syrnbot and soi t name {{{I I I Depth {Hardnessfl Depth { Kind llnitiat{ TotaL i f-f-'l-{- Potent i a I 1 lfrost actionl Uncoated I steeI I Concrete 3: I ,l I { {II tI I Arvada--'-'----- orthents, steep--.'------l { Rock outcroP, I Steep-"-------l ln { {I c60 II { a60 III { 4-30 I f II { ln {II -- I ,[ I -- II II -- I II -- ln In I II lLorII lLor II t lLow I I {None Hard Sof t I I I ,! fII II {I I ,[ I { { II II II f IIII tIII II I II tl{oderate ,l I ,l lLon I I lLox I I I lLor { ,l .I ,l I I tHishII tI I lHiI I I gh 1111 ,[,l ,l-'l-1-{-{-1- U.S. DEPARTI.IENT OF AGRICULTURE NATURAL RESC}IJRCES CONSERVATION SERVICE PAGE 20t ? 01/6/00 SOIL FEATURES ENdNOIE -. SOIL FEATURES This report gives estimates of various soiI features. The estimates are used in land use ptanning that invotves engineering considerations. Depth to bedrock is given if bedrock is within a depth of 5 feet, The depth is based on many soiI borings and on observations during soit mapping. The rock is either /Soft/'or "Hatd", If the rock is'/Soft'/ or fractured, excavations can be made with trenching machines, backhoes, or smatI rippers. If the rock is "Hard// or massive, bIasting or speciaI equipnent generatty is needed for excavation. Cemented pans are cemented or indurated subsurface tayers within a depth of 5 feet. Such pans cause difficutty in excavation. Pans are ctassified as "Thin/' or '/Thick'/, A '/Thin" pan is less than 3 inches thick if continuousty indurated or lcss than 18 inches thick if discontinuous or fractured. Excavations can be made by trenching machines, backhoes, or smatt rippers. A rrThick/ pan is more than 3 inches thick if continuousty indurated or more than 18 inches thick if discontinuous or fractured. Such a pan is so thick or massive that blasting or speciat equipnent. is needed in excavation. Subsidence is the setttement of organic soits or of saturated minerat soits of very [ot{ density' Subsidence resutts from either desiccation and shrinkage or oxidation of organic materiat, or both, fottowing drainage. Subsidence takes ptace graduatty, usuatty over a period of severa[ years. This report shows the expected initiat subsidence, which usuatl.y is a resutt of drainage, and totaI subsidence, which usuatty is a resutt of oxidation. Not shown in the report is subsidence caused by an imposed surface load or by the withdrawal of ground water throughout an extensive area as a resutt of lowering the Hater tabte. potentiat frost action is the tiketihood of upward or tateral expansion of the soit caused by the formation of segregated ice Ienses (frost heave) and the subsequent coltapse of the soiI and loss of strength on thar'ling. Frost action occurs uhen moisture moves into the freezing zone of the soil,. TemPerature, texture, density, permeabitity, content of organic matter, and depth to the Hater tabte are the most imPortant factors considered in evatuating the potentiat fon frost action. It is assumed that the soil, is not insutated by vegetation or snow and is not artificiatty drained. Sil.ty and highty structured ctayey soits that have a high water tabte in winter are the most susceptibl'e to frost action. tJett drained, very gravetty, or very sandy soits are the Ieast susceptibte. Frost heave and Iox soiI strength during thawing cause damage mainty to pavements and other rigid structures. Risk.of corrosion pertains to potentiaI soil.-induced etectrochemicaI or chemicaI action that dissotves or weakens uncoated steet or concrete. The rate of corrosion of uncoated steet is retated to such factors as soiI moisture, particte-size distribution, acidity, and etectricat conductivity of the soit. The rate of corrosion of concnete is based mainty on the sutfate and sodium content, texture, moisture content, and acidity of the soit. Speciat site examination and design may be needed if the combination of factors creates a severe corrosion environrnent. The steel instattations that intersect soit boundaries or soiI tayers is more susceptibte to corrosion than steet in instattations that are entirel,y Hithin one kind of soil, or Hithin one soiI tayer. For uncoated steeL, the risk of corrosion, expressed as rrLovtr, /rModerate,,, or,/High/', is based on soiI drainage ctass, totaI acidity, etectricaI resistivity near fietd capacity, and etectricaI conductivity of the saturation extract. For concrete, the risk of corrosion is atso expressed as /'Low'/, "liloderate", or "High". It is based on soiI texture, acidity, and amount of sutfates in the saturation extract. U.S. DEPART}IENT OF AGRICULTURE }'IATURAL RES@RCES CONSERVATION SERVICE PAGE BUI LDI}IG SITE DEVELOPIIENT NON TECHNICAL DESCRIPTIONS (The information in this report indicates the dominant soiI condition but does not etiminate the need for onsite i nvest i gat i on) 10F 2 01 /6/00 I'lap synbot and soi I name Sha[ [ow excavat i ons Duettings r{ i thout basements {I {Severe: { shrink-swe[ [ III llModerate: { stope {t I Dwel I i ngs Hi th basements f I {Severe: { shrink-swe[ [ fII {[loderate: f stope I I { ,! I I I ,[ I I I t I f f I n I I I st II Sma[ [ conmerc i a I bui tdings I I {Severe: t shrink-sxet I I I t {Severe: { depth to rock t stope {1tl fSevere: LocaI roads and streets Lawns and I andscapi ng ttll tSevere: tSevere: t shrink-swet t, t excess sodir,rn t lor strength ItlIt tl,loderate: lModerate: I stope I stope1ttttt tSevere: tSevere: I depth to rock,t stope, I3: I Arvada- - -- - - - - - -lSt i ght I I II - - - - - - - - - -ll'loderate : { stope ope 6 { st I t I {I ITorr i orthents, Steep----------lsevere: {Severe: I depth to rock,{ stope, { slope I Rock outcrop, I {Severe: {Severe: { depth to rock,{ stope, { depth to rock { stope1{l{ Steep--------'-tSevere: tSevere: { depth to rock,{ slope { stope It1 {Severe: tSevere: { depth to rock,{ stope { stope f11 ope t depth to rock II tSeve re : t droughty, { stope, f depth to rock U.S. DEPART}IE}IT OF AGRICULTURE NATURAL RESOT'RCES CONSERVATION SERVICE PAGE 20F 2 01 /6/00 BUILDING SITE DEVELOPMENT Endnote -- BUILDING SITE DEVELOPI'IENT This report shoxs the degree and kind of soil. timitations that affect shal.tor excavations, drellings with and Hithout basements, smatI cormerciat buitdings, tocal roads and streets, and (auns and landscaping. The timitations are ,rstight/, alioderater/, or rrsevererr. The timitations are considered //Stight" if soiI properties and site features are generatty favorabte for the indicated use and Limitaions are minor and easity overcome;'/Moderate/'if soiI proPerties or site features are not favorabte for the indicated use and special ptanning, design, or maintenance is needed to overcome or minimize the timitations; and r/severe// if soit properties or site features are so unfavorabte or so difficutt to overcome that speciat design, significant increases in construction costs, and possibty increased maintenance are required. Speciat feasibil.ity studies may be required where the soi[ [imitations are severe' 5HALLSU ExcAvATIoNS are trenches or hotes dug to a maximun depth of 5 or 6 feet for basements, graves, utitity tines, open ditches, and other purposes. The ratings are based on soiI properties, site features, and observed performance of the soits. The ease of digging, fil.ting, and compacting is affected by the depth to bedrock, a cemented Pan, or a very firm dense layer; stone content; soiI texture; and stope. The time of the year that excavations can be made is affected by the depth to a seasonal high water tabte and the susceptibitity of the soit to ftooding. The resistance of the excavation watts or bands to stoughing or caving is affected by soil. texture and the depth to the Hater tabte. DTJELLINGS AND Sli,tALL Co,IMERCIAL BUTLDINGS are structures buil,t on shaILow foundations on undisturbed soi[. The Ioad timit is the same as that for singl.e-famil,y dweLtings no higher than three stories, Ratings are made for smatt cormerciat buitdings Hithout basements, for dwettings with basements, and for dwetl'ings Hithout basements. The ratings are based on soit properties, site features, and observed performance of the soits. A high water tabte, depth to bedrock or to a cemented pan, targe stones, slope, and ftooding affect the ease of excavation and construction. Landscaping and grading that require cuts and fitts of more than 5 or 6 feet are not considered. LOCAL ROADS AND STREETS have an au.-Heather surface and csrry automobite and light truck traffic att year. They have a subgrade of cut or fitt soiI materiat, a base of gravet, crushed rock, or stabitized soiI materiat, and a ftexibte or rigid surface. Cuts and fitts are generatty properties, site features, and observed performance of the soits. Depth to bedrock or to a cemented pan, a high water tabte, fl,ooding, targe stones, and stope affect the ease of excavating and grading. soiI strength (as inferred from the engineering cl.assification of the soit), shrink-sNett potentiat, frost action potentiat, and depth to a high water tabte affect the traffic-supporting capacity. LAtrNs AND LANDSCAPING require soits on which turf and ornamentaI trees and shrubs can be estabtished and mainta.ined. The ratings are based on soil properties, site features, and observed performance of the soits. Soil' reaction, a high uater tabte, depth to bedrock or to a cemented pan, the avaitabte Hater caPacity in the upper 40 inches, and the content of satts, sodium, and sul.fidic materials affect ptant growth. Ftooding, wetness, stope, stoniness, and the amount of sand, ctay, or organic matter in the surface Iayer affect trafficabitity after vegetation is estabtished. U.S. DEPART}IENT OF AGRICULTURE NATURAL RESOT'RCES CO}ISERVATION SERVICE PAGE 1 OF 3 01 / 6/00 SANITARY FACILITIES NON TECHNICAL DESCRIPTIONS (The information in this report indicates the dominant soiI condition but does not etiminate the need for onsite investigation) I5: I Arvada- - - - - - - - - -tSevere: e t percs stoxty I:t tney- - - - - - - - - - -{Moderate: { percs stowty, { sLope @ II lstight ,t It !l{oderate: { stope II tstight { II ltloderate: { stope It tGood I It tFair: t stope Ittap sylrbot and soi I name Septic tank absorpt i on fietds Sewage Iagoon areas T rench sani tary Landfi L L {Severe: depth to rock, stope {Severe: { depth to rock, I stope I Area sani tary tandfi t L Dai Iy cover for Iandfi t t tPoor: I depth to rock, I smatI stones, t stope tI tPoor: t depth to rock, I stope t I II i ,l I I I f { I f I { ,l t II I II {tloderate: t stope I I lSevere: { seepage, { sLope { I I {Severe: f depth to rock, { stope I I I {Severe: { depth to rock, { sLope {Severe: { stope ,l I I I {Severe: { depth to rock, { stope a Torri orthents, Steep- - - - - - - - - -lsevere: f depth to rock, { stope ,[ I Rock Outcrop, t Steep-. - - - - - - - -tSevere: I depth to rock, { stope rt U.S. DEPARI}'IENI OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE PAGE 20t 3 01/6/00 SANITARY FACILITIES EndnotE .. SA}IITARY FACILITIES This report shows the degree and kind of soit timitations that affect septic tank absorption fiel'ds, setage Iagoons' and sanitary tandfil,ts. The timitations are considered,,Stight'/ if soit properties and site features generatty are favorabte for the indicated use and Limitations are minor and easity overcome;'/Moderate" if soit properties or site features are not favorabte for the indicated use and speciaI ptanning, design, or maintenance is needed to overcome or minimize the timitations; and r/severe/ if soit properties or site features are so unfavorable or so difficutt to overcome that speciat design, significant increases in construction costs, and possibty increased maintenance ane required' rhis report atso shows the suitabitity of the soits for use as daiLy cover for Landfitts. A rating of ttcoodt' indicates that soil, properties and site features are favorabte for the use and good performance and low maintenance can be exPected;,ttai|',indicatesthatsoiIpropertiesandsitefeaturesaremoderatetyfavorabl'efortheuseandoneor more soit properties or site features make the soit Less desirabte than the soils rated 'tcoodt'i and /Poor/'indicates that one or more soit properties or site features are unfavorabte for the use and overcoming the unfavorabte properties requires speciat design, extra maintenance' or costty atteration' sEprc TANK ABsoRpTIol,r FIELDS are areas in xhich eff.uent from a septic tank is distributed into the soiI through subsurface tites or perforated pipe, onty that part of the soiI betueen depths of 21 to 72 inches is evatuated' The ratingg are base on soiI properties, site features, and observed performance of the soits' Permeabitity' a high Hater tabte, depth to bedrock or to a cemented pan, and ftooding affect absorption of the efftuent' Large stones and bedrock or a cemented pan interfere with instattation. Unsatisfactory performance of septic tank absorption fietds' incl,uding excessivety stou absorption of effl.uent, surfacing of efftuent, and hittside seepage, can affect pubtic heatth' Groundwater can be pottuted if highl,y permeabte sand and gravet or fractured bedrock is less than 4 feet betow the baseoftheabsorptionfield,ifsl,opeisexcessive,orifthewatertabteisnearthesurface.Theremustbe unsaturated soiI materiat beneath the absorption fietd to fitter the efftuent effectivety' Many IocaI ordinances require that this materisl be of a certain thickness' sEttAGE LAG@N. are shattow ponds constructed to hotd sewage white aerobic bacteria deconpose the sotid and tiquid ilastes'Lagoonsshouldhaveaneartylevetftoorsurroundedbycutstopesorenrbankmentsofcornpactedsoi[.Lagoons generat[yaredesignedtohol,dtheseHagewithinadepthof2to5feet.NearlyinrpervioussoiImaterialforthelagoon ftoor and sides is required to minimize seepage and contamination of ground water. This report gives ratings for the naturst soit that makes up the Iagoon ftoor' The surface Iayer and' generatty' 1 or 2 feet of soiI materiaI betor the surface layer are excavated to provide materiat for the embankments' The ratings are based on soit properties, site features, and observed performance of the soits. Considered in the ratings are sIope, permeabiIity, a high water tabte, depth to bedrock or to a cemented pan, ftooding, large stones, and content of organic matter' Excessive seepage due to rapid permeabir,ity of the soit or a rater tabte that is high enough to raise the tevel of sewage in the l,agoon csuses a lagoon to function unsatisfactority. pottution resutts if seepage is excessive or if ftoodwater overtops the lagoon. a hish content of organic matter is detrimentat to proper functioning of the tagoon because it inhibits aerobic activity. Stope, bedrock, and cemented Pans can cause construction problems' and Iarge stones can hinder compaction of the tagoon ftoor' SANIIARYLANDFILLSareareaswheresol.idrasteisdisposedofbybur.yingitinsoit.TherearetHotypesoftandfil't, trenchandarea.Inatrenchtandfil,[,thewasteisptacedinatrench.Itisspread,corpacted,andcovereddaity {ith a thin tayer of soiI excavated at the site. In an area Landfitt, the waste is pl,aced in successive [ayers on the surface of the soil,. The waste is spread, compacted, and covered dail'y with a thin tayer of soiI form a source aHay from the site. Both types of tandfitt must be abr,e to bear heavy vehicutar traffic' Both types invo[ve a risk of groundwater pottution. Ease of excavation and revegetation need to be considered. The ratings in this report are based U.S. DEPARTI.IENT OF AGRICULTURE }IATURAL RESOURCES CO}ISERVATION SERVICE PAGE 30F 3 01 / 6/00 SANITARY FACILITIES Endnote -- SANITARY FACILITIES..CONIiNUEd on soit properties, site features, and observed performance of the soits. Permeabitity, depth to bedrock or to a cemented pan, a high Hater table, stope, and ftooding affect both types of tandfitt. Texture, stones and boutders, highty organic tayers, soiI reaction, and content of satts and sodiun affect trench type landfitl,s. Untess otherwise stated, the ratings appty onty to that part of the soit within a depth of about 6 feet. For deeper trenches, a timitation rate "stight" or "Moderate" may not be vatid. onsite investigation is needed. DAILY COVER FOR LANDFILL is the soiI material that is used to cover compacted solid Haste in an area type sanitary tandfitt. The soiI materiaI is obtained offsite, transported to the Iandfitt, and spread over the raste. SoiI texture, wetness, coarse fragments, and slope affect the ease of removing and spreading the materiaI during xet and dry periods. Loamy or sitty soits that are free of large stones or excess gravet are the best cover for a tandfitt. Ctayey soits may be sticky or cloddy and are difficuLt to spread; sandy soits are subject to soit btowing. After soiI material has been removed, the soiI material remaining in the borror area must be thick enough over bedrock, a cemented pan, or the Hater tabte to permit revegetation. The soiI material used as final cover for a tafifitt shoutd be suitabte for plants. The surface tayer generatty has the best workabitity, more organic matter than the rest of the profite, and the best potential for ptants. lilaterial from the surface layer shoutd be stockPited for use as the final cover. U.S. DEPARII,IENT OF AGRICULTURE NATURAL RESOT'RCES CONSERVATION SERVICE PAGE 10F 3 01 /6/00 CO}ISTRUCT ION }IATERIALS NON TECHNICAL DESCRIPTIO}IS (The information in this report indicates the dominant soiI condition but does not etiminate the need for onsite i nvest i gat i on) l,lap synrbot ard soi t name I I I II I II I tt I Roadf i I t SaM GraveI Topsoi I {3:l Arvada- - - - - - - - - -tPoor : I shrink-swe[ [, tor strength """-'--lGood i orthents, Steep---"-"'-lPoor: t depth to rock, t stoPe II Rock outcrop, t[ Steep----."'--{Poor: t depth to rock, { slope I II tlmprobabte:t excess fines I It tlnprobabte: { excess fines I II tlmprobabte: { excess fines ,l I It tl mprobabte: t excess fines { II llnprobabte:t excess fines I I t tloprobabte: t excess fines I II Itrprobabte: ! excess fines I I I I tlnprobabt e: { excess fines I It tPoor: t excess satt, t excess sodiun I I tPoor: t area rectaim tII tPoor: I depth to rock, I smatL stones, t stope I I tPoor: t depth to rock, t stope 6I II I { It U.S. DEPARTNENT OF AGRICULTURE I'IATURAL RESOT'RCES CONSERVATION SERVICE PAGE ?oF 3 01 /6/00 CONSTRUCT I ON TIATER IALS Endnote .- CONSTRUCTIOII ITIATERIALS This report gives information about the soits as a source of roadfitt, sand, gravet, and topsoit. The soits are rated ilGoodil, rtFailn, ol lPooltt as a source of roadfit[ and topsoit. They are rated as a "Pt'obabte" or "lnprobabte" source of sand and gravet. The ratings are based on soiI properties and site features that affect the removat of the soit and its use as construction materiat. NormaI compaction, minor processing, and other standard construction practices are assurned. Each soiI is evatuated to a depth of 5 or 6 feet. RoadfitL is soiI material that is excavated in one ptace and used in road enbankments in another ptace, In this neport, the soits are rated as a source of roadfitt for tow embankments, generatty tess than 5 feet high and tess exacting in design than higher embankments. The ratings are for the soiI materiat betor the surface layer to a depth of 5 or 6 feet. It is assumed that soi[ layers uitl. be mixed during excavating and spreading. I'lany soits have Layers of contrasting suitabiIity within their profite. Ihe report entitted Engineering lndex Properties is atso avaitabte and it provides detaited information about each soi[ layer. This information can hetp determine the suitabitity of each Layer for use as roadfitt. The performance of soit after it is stabitized with Iime or cement is not considered in the ratings. The ratings are based on soiI properties, site features, and observed performance of the soits. The thickness of suitabte materiat is a major consideration, The ease of excavation is affected by large stones, a high uater tabte, and stope. How wett the soiI performs in ptace after it has been compacted and drained is determined by its strength (as inferred from the engineering ctassification of the soi[) and shnink-sweIt potentiat, SoiLs rated,tiood,, contain significant amounts of sand or gravel or both. They have at least 5 feet of suitable materiat, a tow shrink-swett potentiat, few cobbtes and stones, and stopes of 15 percent or Iess. Depth to the xater tabte is more than 3 feet Soits rated t,Fair,, have more than 35 percent sitt'and ctay-sized partictes and have a ptasticity of less than 10. They have a moderate shrink-swett potentiat, stopes of 15 to 25 percent, or many stones. Depth to the Hater table is 1 to 3 feet. Soits rated trpoort have a ptasticity index of more than 10, a high shrink'swetI potentiat, many stones, or stopes of more than 25 percent. They are wet, and the depth to the water tabte is less than 1 foot. These soits may have Iayers of suitabte materia[, but the materiat is Iess than 3 feet thick. Sand and gravel are natural aggregates suitabl,e for cormerciaL use with a minimtrn of processing. Sand and gravel are used in many kinds of construction. Specifications for each use vary widety. ln this report onty the probabitity of finding materiaI in suitabte quantity is evatuated. The suitabitity of the materiaI for specific purposes is not evatuated, nor are factors that affect excavation of the material,. The properties used to evaluate the soiI as a sounce of sand or gravel are gradation of grain sizes (as indicated by the engineering c[assification of the soit), the thickness of suitabl,e materiat, and the content of rock fragments. Kinds of rock, acidity, and stratification are given in the soit series descriptions. Gradation of grain sizes is given in the Engineering Index Properties report. A soiL rated as a /rProbabte/ source has a layer of ctean sand and gravel or a tayer of sand or gravel that contains up to 12 percent sil.ty fines. This materia[ must be at least 3 feet thick and Iess than 50 percent, by weight, large stones. Att other soits are rated as an,,Improbabte/ source. Coarse fragments of soft bedrock, such as shate and sittstone, are not considered to be sand and gravet. U.S. OEPARTT,IENT OF AGRICULTURE IIATURAL RESOTJRCES CONSERVATION SERVICE PAGE 3 OF 3 01 / 6/00 CONSTRUCT ION II{ATERIALS Endnote -- CoNSTRUCTI0N MATERIALS--Continued TopsoiI is used to cover an area so that vegetation can be estabtished and maintained. Ihe upper 40 inches of a soil, is evatuated for use as topsoil. Atso evatuated is the rectamation potential of the borroH area. Ptant groHth is affected by toxic materiaI and by such properties as soil reaction, avaitabte nater capacity, and fertil,ity. The ease of excavating, Ioading, and spreading is affected by rock fragments, stope, a Hater tabte, soiI texture, and thickness of suitabte materiat, Rectamation of the borrou area is affected by stope, a water tabte, rock fragments, bedrock, and toxic materiat. Soits rate ilGoodil have friabte loamy material to a depth of at least 40 inches. They are free of stones and cobbtes, have tittte or no gravet, and have stopes of tess than 8 percent. They are lor in content of sol,ubte salts, are naturatLy fertite or respond wett to fertitizer, and are not so t{et that excavation is difficul.t. Soits rated ilFair" are sandy soits, loamy soits that have a retativel,y high content of ctay, soiLs that have onty 20 to 40 inches of suitabte materiat, soils that have an appreciabte amount of gravet, stones, or sotuble satts, or soits that have stopes of 8 to 15 percent. The soi[s are not so Het that excavation is difficutt. Soits rate'Poor/ are very sandy or ctayey, have less than 20 inches of suitabte materiat, have a large amount of gravet, stones, or sotubte satts, have stopes of more than 15 percent, or have a seasonal Hater tabte at or near the surface. The surface layer of most soits is generatty preferred for topsoiI because of it organic matter content. 0rganic matter greatty increases the absorption and retention of moisture and nutrients for ptant growth. Form No GWS-25 OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT LINDA CRAIG P.O. BOX 1256 RTFLE, CO 81650 1970l,625-8744 PERMIT TO USE AN EXISTING WELL 634 WELL PERMIT NUMBER DIV. 5 CNTY. 23 2'1qLR WD 45 DES. BASIN MD Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION GARFIELD COUNTY NW 'll4 SW 1/4 Section 35 Twp 6 S Rng 93 W 6th P.M DISTANCES FROM SECTION LINES 1500 Ft. from SOUTH Section Line 525 Ft. from WEST Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2l The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump lnstallation Contractors in accordance with Rule 18. 3) Approved pursuant to CHS 37-92-602(3)(b)(ll)(A) as the only well on a tract of land of 40 acres described as the NW y4, SW Y+, Sec.35, Twp. 6 South, Rng. 93 West, 6th P,M., Garfield County. 4l The use of ground water from this well is limited to fire protection, ordinary household purposes inside up to 3 single family dwetlings, the irrigation of not more than one acre of home gardens and lawns, and the watering of domestic animals. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The return flow from the use of the well must be through an individual waste water disposal system of the non-evaporative type where the water is returned to the same stream system in which the well is located. 7l This well shall be located not more than 2OO feet from the location specified on this permit. 8) Approved for the installation of a pump in, and the use of, an existing well, constructed on 10122195,lo a depth of 120 teet, under monitoring hole notice MH-27168, acknowledged 12118195. NOTE: MH-27168 was approved forthe NE %, SW % NOT NW y4,SW y4. Parcel ldentification Number (PlN): 23-2177-352-00-168 (totaling 160 acres) Assessor Tax Schedule Number: 024124 /9 Oa- T' o/ Z ^/raoa State Engineer Receipt No 8y EXPIRATION DATE JANDATE ISSUED JAN 12 2OOO A 2 2A02 APPROVED DMW n,.?q"-tL/ COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATI]RAL RESOIIRCES 1313 SIIERJT,IAN ST., RM.818, DEI{I{ER CO 80203 phone - info: (303) 866-3587 main: (303) 866-g581 NEW 35 + ACRE RESID ENTIAL Water Well Permit A cation 1 APPLICANT INFORMA ONTI USE OF WELL cka6 orNamc L C-a i* rc- of applicant IND Bo Mailing Addrcse iL5 G City RiFle--Strtc Cu-3 tuSo Zip code domestic animals, and fie inigation of not moretran one (1) acre of home gardens and lawns EI B. Livestock watgriflg (on farm/ranch/range/pasture) A.Ordinary household rnespurpos to 3up single-family thedwellings,ofwatering 7. WELL DATAq,1 0- GAs -z-t ++ Telcphono Number (includc area codol 2.TYPE OF APPLICATION SHALL NOT EXCEED 15 GPM MAXIMUM PRO DUCTION RATE OF THE WELL TY8.OFPE RESI DENTIAL ESEWAG SYSTEMCONSTRUCT A NEW WELL ON A TRACT OF LAND OF 35 ACRES OR MORE 3. REFER TO (if MH_ {-l lbg Monitoring holc .cknowlodgmont t 4. LOCATION OF WELL E Other (attach copy of engincering dosign) S e tanc kpti I bsa lea chorption fie tdtrCentrasystem Location sowagc to bc haulcd to: District n.mc: El Vautt 9.PROPOSED WELL DRILLERr€-\J O,uartor/qu!rtcr LL,s u.l 1t4 Ourrtcr '0t I lrn s Drt\Liconeo G5:) S.ction Township t or SL, trA 93 n Rango E or W Principal Maiidirnt Tlr rizedSIGNATURE0.1 of appl or aicant(s) I5oc 525 Di6tanco ot wcll frcm aection linc6 if difforcnt fmmN/ A applicent addrces (if applicablc)Woll location addrcse,the statements herein, know the contents The of falsemaking hereinstatemerts constitutes perjury ln the second tswhichdegree,blepunisha as 1class mts- demeanor pursuant c.to R .S 244-o4 (1 3 Xa)have read thereof and statethatare true to m 5 ONTRACT WHICH WELL WILL BE TEDLOCA Must Trtl6 Datc DWR Map No, ATTACH LEGAL DESCRIPTIoN FoR 35 + ACRE TRACT E Development Name Lot no.Unit # A. ! o,r,",Plcrl Pl *P B. STATE PARCEL lD# C. # asea in Eact .. _4L) THIS WILL BE THE ONLY WELL ON THIS TRACT D. Office Use Onlv MDUSE DIV co WD BA Form GWS-50 (12/9s) -AND TITLE GUARANTEE COMPANY Reprcscndng Land fitlc fruttance . Corporation tk OU Rcpubli.c National l-iih Insurancc CompanY Linda Craig Colorado WesE Realty P.O. Box 1256 Rifle, CO 81650 RE: Township 5 South, Range 93 west of the 6th Principal Meridian sec 35 | EL/2NWL/4, NL/2SWL/4 Dear Linda, Pursuant to your request, Land TiEIe Guarantee has reviewed Lhe public record for the above captioned property. fC appears thaE the property has remained in Ehe same configuration since Ehe paLent was recorded on December 8, L9L5 in Book 92 at Page 299 of the Garfield County Records. Sincerely, Tom Schuneman Tit1e Manager 4 817 Colorado Avenue Suite 102 P.O. Box 2'lO2 Glenuood Springs,CO 81602 (303) 045-2010 FAX (303) S45-4784 THE UNITED STATES OF: 'vlERlCA GLENWOOD SPRIN (?q o - g4-.X)"-.2 11..<q-*4 rppcrn rhtt tbc ol^iE oI .W..tu,#- /rt+' 'ra' "*' ' - ' <-Zzx)'O1 r@rd'Eg to tho O6cirl Plrt oI thc EwoY ol ihc dd thcE i., th6E oE, ar&t d bY ltoold tmt ol siih rod to tlr6b dttclrd rnd rucb IN TESTI !hq6 lerkgg.h MONY tndo Dd oIYxIV udc qY hPd, otr6 thowd de (SEAL)BY Isd 066 bY thc EwcYu Otutrl ut ll0BldoLl@t--' by tho Dl,l,l)6. Nd riSbb brirta, od Ue r -I'ridot of rbc Uuiud SuB ol ']{odlc+ hrv' su'd .t!yd ou Iard -------8oFt tt. ot tLr Gsd lrd 06o' E.y t-,):tt - - - - 2*-4# -- - rrrv ot- - - ot tho ?+1 to Unlt d Rerd.d. Prlot IT Filcd lor rcont thc------"7 - - - - - - - - - - - - - - - -arv ol--.-.'Z -:- -&erds. - --- - - - - - - - - - - " -DGPutY' ':l{ , >; -t I .*i 11 Arl. ARTICLES OF INCORPORATION OF CRAIG HOMEOWNERS ASSOCIATION, INC The undersigned natural persons, being more than twenty-one years of age, acting as incorporates, hereby establishes a non-profit corporation under and by virtue ofthe Colorado Non-profit corporation Act and adopts the following Articles of Incorporation: ARTICLE I The name of the corporation is Craig Homeowners Association, Inc' ARTICLE tr The corporation shall have perpetual existence' ARTICLE III The nature of the corporation and the objects and purposes for which the same is organized are as follows: 1. To acquire ownership of certain roads and roadways, water and water rights, ditch and ditch rights and certain pipe and other distribution facilities for utilization of such water and ditch rights for irrigition purposes and any other tangible personal property or real property necessary to properly carry out the purpose of the Association iorit. tenefit of its respective members on a cooperative basis. Z. To maintain the roadways, and other property owned by the association or utilized by the Association in furtherance of its purpose' 3.. To adopt, administer and enforce protective covenants and restrictions, for the protection and benefit of the Association's members. 4. To be and constitute the Association to which reference is made in the Declaration of Easements, Restrictions and Covenants for the Craig(hereinafter referred to as to "Declaration") as recorded in the records of the Clerk and Recorder of Garfield County, Colorado uni to assume and perform all obligations and duties and to exercise all rigiris and powers of the Association as specified in the Declaration' 5. To have and exercise generally all powers and to do and perform all acts which are or may be necessary to carry out and effectuate the purposes for which the corporation is formed including, without limiting the general powers of the corporation, the power (but not the obligation) to perform the following specific acts: I (a) pay taxes and assessments on all property held by the association for the general use of the members; (b) Disburse funds collected for maintenance, or other proper charges levied against the property of the Association; (c) Acquire or dispose of property in the interests of the Association, either by purchase, sale or dedication to a public authority; (d) Borrow money for the proper conduct of the affairs of the Association; (e) Establish, levy, and assess annual or special charges and assessments against the propefi in pursuance ofthe purposes ofthe corporation and establish appropriate collection procedures thereof; (0 To maintain the roads, ditches, pipelines an other property of the Association; (g) To perform and provide other proper functions in the nature of community services, including, but without limitation, fire protection, snow removal, any and all road maintenance necessary' (h) To exercise all those general powers conferred upon a non-profit corporations under the laws of the State of Colorado; 6. The corporation is organizedexclusively for the purpose of furnishing various community services to its members, holding title to commonly owned and used roadways, and toenforce protective covenants on a cooperative basis, whereby its income-shall be derived from assessments to members for the sole purpose of meeting expenses or losses and in full compliance with the requirements of Section 501(c) (4) and (12) of the Intemal Revenue Code of 1954, as amended' ARTICLE W L No part of the income or net earnings of the Corporation shall inure to the benefit of or be distributable to any member, director or officer of the corporation or any other corporation or private individual; however, reasonable compensation may be paid for services actually rendered to or for the corporation and any officer, director, agent or employee, or any other person or corporation, may be reimbursed for expenses advanced or incurred for the corporation's benefit upon authorization of the board of Directors. 2 No member, director or officer of the corporation, nor any other corporation or private individual, shall be entitled to share in any distribution of any of the corporate assets upon dissolution of the corporation or otherwise, except as hereinafter expressly set forth. No substantial part of the activities of the corporation shall consist of carrying on lobbying activities, propaganda campaigns or other activities designed to influence legislation. The corporation shall not participate or intervene in any political campaign on behalf of any candidate for public office. 2. Upon dissolution of the corporation, all of its assets remaining after payment of liabilities shall be paid over and transferred to one or more exempt organizations as are qualified for exemption form Federal income taxes under Section 501(c)(a) and (12) of the Internal Revenue Code, except that all roads, and other property appurtenant to, used in connection with, or necessary for the convenient use and occupation of the real property of the members, shall be returned, transferred or conveyed to such members in accordance with the provisions of Article V of these Article of Incorporation. The proceedings of dissolution shall be conducted in accordance with Article26,TitleT of the Colorado Revised Statutes, as amended. 3. Notwithstanding any other provision hereof, this corporation shall not conduct or carry on any activities not permitted nor receive any income which is prohibited under the provisions of Section 501(c)(a) and (12) of the Internal Revenue Code of 1954, as amended. ARTICLE V 1. Members of the Association shall be the owner or owrers of lots or parcels of land generally referred to as the Craig Subdivision in Garfield County, Colorado, as said lots or parcels are hereafter described in the Declaration of Easements, Restrictions, and Covenants for Craig Subdivision as recorded in the records of the Clerk and Recorder of Garfield County, Colorado. Membership in the Association shall be automatic upon becoming the owner of a lot or parcel subject to said Declaration and shall terminate, without any formal action of the Association, whenever any person or entity ceases to own a lot or parcel, provided; however, such termination shall not relieve or release any such former owner of any liability or obligation incurred under or in any way connected with the Association during the period of such ownership and membership in the Association. 2. The owners of undivided interests in any lot or parcel shall be required to designate one person to vote their membership interest in the Association. Cumulative voting will not be allowed for any purpose. J ARTICLE VI The address of the initial registered office of the corporation shall be 2571 County Road 314, New Castle, Colorado 81647. The name of its initial registered agent at such address is Barton F. Porter. the business and affairs of such corporation shall be conducted and carried on within the State of Colorado and the above stated address. ARTICLE VTI The number of directors constituting the initial Board of Directors of the corporation shall be three and the name and addresses of the person who are to serve as directors until the first annual meeting of members, or until their successors have been duly elected and qualified are as follows: Barton F. Porter 2571 County Road 314 New Castle,Co 81647 Linda S. Craig 3267 Hyw 13 Rifle, Co 81650 Martha Porter 2571 County Road 314 New Castle, Co 81647 ARTICLE VIII The Board of Directors shall adopt, and may amend from time to time, By-laws for the regulation and govemment of the corporation's business and affairs and the issuance and transfer of it membership. IN WITNESS WHEREOF, thE has subscribed his name to these Articles of Incorporation on this 3 day of 000 4)L Barton F. Porter 4 Porter S S. Craig STATE OF COLORADO ) )ss COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before rn. thi. ) ilday of lI1 by Barton F. Porter, Martha Porter, and Linda S. Craig. WITNESS my hand and official seal. My commission Expires: .? ((/. My CorrnrtsElsn €xPlreo lanwo0o N 5 MARGARET R. JOY NOTARY PUBLIC STATE OF COLORADO CRAIG HOMEOWNERS ASSOCIATION INTRODUCTION These Bylaws of craig Homeowners Association, (the "Association") are adopted for the regulation und.unugement of the Association in conformance with the Colorado NonprofitCorporation nct, C.n.S . 7'20-l}l' et seq', as amendeffiom time to time (the"Nonprofit Corporation Act") and the Colorado Common Interest Ownership Act, c. R. s. 38-33.3-101, et seq., as amended from time to time ( the "Act")' The Association is referenced in thebeclaration of Covenants, Conditions, Restrictions and Easements(the"Declaration") for the craig Subdivision,located in Garheld county' Colorado, which Declaration is to be recoided in the Office of the Clerk and Recorded of Garfield County, Colorado. The Association is to operate the Common Interest Community for r*., in accordance with the requirements for an association of Lot owners charged withthe administration of propirty under this Act. Each capitalized term not otherwise defined in these Articles shutt t uu. the meaning specified or used in the Act or as defined in the Declaration. The term "Unit" shall mean any lot shown on the Plat of Craig Exemption Subdivision which may be conveyed in conformance with the laws of the State of Colorado. For purposes of tonforming the terms and provisions of these Bylaws to itre terms and condiiions of the Act, the term "Lot" shall be analogous to the term "Unit" as that term is defined in the act and the term "Lot Owner" shall be analogous to the term " unit owner" as that term is defined in the Act' BYLAWS OF ARTICLE 1 LOT OWNERS/}TEMBERS l.lLotownersAylembers.EveryLotownerwhilesuchpersonisaLot Owner, shall be a Member of the,q,ssociation. 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 shaitbe entitled to rights of membership and use enjoyment appurtenant to such OwnershiP. 1.2 Annual Meeting. Annual meetings of Members shall be held in November of each year on such date und ti*" as set forthln the notice' At the annual Meetings' the Directors of the Board shall be elected by ballot of the Members, in accordance with the provisions of Article II of these Bylaws. the Vtembers also shall set a time ( within 10 days of each annual meeting) andplace for the first regular meeting of the Board' The Members may transact otheibusin.r, u, may property to*t before them at these annual meetings. 1 1.3 Special 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 Board. 1.4 Place of Meetings. The secretary or other officer specified in the Bylaws shall cause notice to be hand delivered or sent prepaid by the United States mail to the mailing address of each Lot or to the mailing address designated in writing by the Member, not less than ten (10) nor more than fifty(5O) 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 of these bylaws, any budget changes, and any proposal to remove an officer or member of the Board. No action shall be adopted at a meeting except as stated in the notice. 1.6 Waiver of Notice. Any Membel may, atany 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 meetings of the Members, a majority of the Members who are present at that meeting, either in person or by proxy, may adjoum the meting 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) Inspection and verification of proxies; (c) Proof of notice of meeting; (d) Reading of the minutes of preceding meeting; (e) Reports of officers; (0 Committee reports; (g) Establish number and terms of Directors of the Board (if required and noticed); (h) Election of Directors of the Board ( when required); 2 (D Establish a time (within 10 days of the annual meeting) and place for the first regular meeting of the Board. 0) Ratification of budget ( if required and noticed); (k) Unfinished business; and (l) New business; 1.9 Voting. voting shall be based on one vote per lot. The members shall be of one class as defined in the Declaration. (a) If only one of several co-owners of a Lot is present at a meeting of the Association, the owner present is entitled to cast the vote allocated to the Loi. Individual co-owners may not cast fractional votes. If more than one of the co-owners are present, the vote allocated to the Lot may be cast only in accordance with the agreement of amajority in interest of the co-owners. There is majority agreement if any one of the co-owners casts the vote allocated to the Lot without protest being promptly to the person presiding over the meeting by another co-owner of thi Lot, in which case suchMember's vote shall not be counted. The Members shall be of one class as defined inthe Declaration. (b) Votes allocated to a Lot may be cast under a proxy duly executed by aMember, provided that any proxy shalibe filed with the Secretary of the Association atleast24 hours prior to_the time of any meeting. If a Lot is owned-by more than one person, each owner of the Lot may vote or register protest to the casting of notes by the other owners of the Lot through a duly execuied proxy A Member ma! revoke a proxygiven under this section only by actual notice of ievocation to the p..ro, presiding over ameeting of the Association. A proxy is void if it is not dated o. p,r.po.t, to be revocablewithout 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 thatcorporation or business trust in the absence of express notice of the designation of aspecific person by the board of directors or bylaws of the owning ro.po.itio, or businesstract. The vote of a partnership may be cast by any general partner of such entity in the absence of express notic_e of the designation oiu ri..in. p.iron by the owningpartnership' The vote of a limited liability .o.pany *uy t. cast by uny *unu- r of such J entity in the absence of express notice of the designation of a specific person by theowning limited liability company. The moderatoi of the meeting mayiequire ieasonableevidence that a person voting on behalf of acorporation, partnership, limited liabilitycompany or business trust owner is qualified to vote. l. 10 Quorum. Members presentin person or by proxy at anymeeting ofMembers but no less than 20o/o present of the Members, shau constiiute a qrJ*- at thatmeeting. . 1' 11 Majority vote. The vote of a majority of the Members present in person orby proxy at a meeting at which a quorum is piesent shall be binding upon all Iriembersfor all purposes except where a higher percentage vote is required in the Declaration,these Bylaws or by law. ARTICLE 11 BOARD2'l Number and Qualification. The affairs of the Common Interest Communityand the Association shall be governed by a Board which shall consist of three(3) personsto be known as "Directors", who, e*crpiirg the Directors appointed by the Declarants,shall be lot owners. If any Lot is o*n.d by a partnership or corporation, any officer,partner or employee of that Lot Owner shall be eligibleio serve as a Director and shall bedeemed to be a Lot-Owner for the purposes of the f,receding sentence. Directors shall beelected by the Lot owners, exceptior these appointed by the Declarants. Directors shallserve until their successors are duly elected and qualifiei. 2'2 Powers and Duties. The Board may act in all instances on behalf of theAssociation, except as provided in the Declaration, these bylaws or the Act. The Boardshall have, subject to the limitations contained in tire Declaiation, the Articles and theAct, the powers and duties necessary for the administration of the affairs of theAssociation and of the Common Interest Community, which shall include the powers andduties set forth in the Declararation. 2'3 Election and Term of Office. At annual meetings of the Members of theAssociation to be held as herein provided, the terms of office of the Directors may befixed for such period of time as the Members entitled to vote may determine, and suchtTt may be staggered, that is to say, various Directors may be ilected for termsdifferent lengths so that there will bi a carryover of old Directors at each annual meeting,and only new Directors will be designated tiereafter, provided that nothing tor.i,contained shall prevent the election of a Director whose term has expired tI a new termas such Director. 4 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 orthe Corporation Laws of the state of colorado for conducting the elections. 2.4 Vacancies. Vacancies in the 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 Board held for that purpose at any time after the occurrence of the vacancy, even though the Directors present atthatmeeting may constitute less than a quorum. Vacancies shall be filled in the following manner: (a) As to vacancies of Directors whom Members other than Declarant elected, by a majority of the remaining elected Directors constituting the 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 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 Aisociation by reason of the transfer of such Director's ownership of a Lot. 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 Board, other than a Director appointed by the Declarant, with or without cause. 2.6 Regular Meetings. The first regular meeting of the Board following each annual meeting of the Members shall be held within 10 days after the annual mieting at a time and place to be set by the Members at the meeting at which the board 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 Board may set a schedule of additional regular meetings by resolution, arrd no further notice is necessary to constitute regular meetings. 2.7 Special Meetings. Special meetings of the Board may be called by the President or by a majority of the Directors on at least three(3) business days' notice to each Director. The notice shall be hand delivered or mailed and shall state the time, place and purpose of the meeting, 2.8 Location of Meetings. All meetings of the Board shall be held within the County of Garfield, Colorado, unless all Directors consent in writing to another location. 5 2.9 Waiver of Notice. Before or at any meeting of the Broad 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 Board shall constitute a waiver of notice. If all the Directors are present at any meeting, no notice shall be required, and any business may be transacted at such meeting. 2.10 Quorum of Directors. At all meetings of the 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 constitute a decision of the Board. If, at any meeting, there shall be less than a quorum present, a majority of those present may adjoum the meeting. At any adjourned meeting at which a quorum is present, any business which might have been transacted at the meeting originally called may be transacted without further notice. 2.ll Compensation. A Director shall not receive a fee from the Association for acting as a Director, 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 officer shall not be compensated for those duties. 2.12 Indemnification. The Directors of the Board shall not be liable to the Members of the Association or to any other person for any mistake ofjudgment, negligence, or otherwise, except in the event of wanton and willful acts or omissions. The Association shall indemnifu and hold harmless each of the Directors of the Board against all contractual liabilities of others arising out of contracts made by the Broad on behalf of the Association and its Members, and in connection with any act performed pursuant to the Declaration, unless such Director or Directors are adjudged guilty or wanton and willful acts or omissions in the performance of their duties as Directors. Without limiting the forgoing, the Directors of the Board of the Association shall have the liabilities, 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 Board. The president and the 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. 6 3.2 Election of officers. The officers of the Association shall be elected annually by the Board at the organizational meeting of each new Board. They shall hold office at the pleasure of the Board. 3.3 Removal of Officers. Upon the affirmative vote 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 Board or at any special meeting of the Board called for that purpose. 3.4 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 Board. The president shall have all of the general powers and duties which are incident to the office 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 conduct 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, certiSr, and record amendments, attested by the secretary, to the Declaration and these Bylaws on behalf of the Association, following authorization or approval of the particular amendment as applicable. 3.5 Vice President. The vice president shall take the place of the president and perform the president's duties whenever the president is absent or unable to act. If neither the president nor the vice president is able to act, the Board shall appoint some other Director to act in the place of the president on an interim basis. The vice president shall also perform other duties required by the board or by the president. 3.6 Secretary. The secretary shall keep the minutes of all meetings of the Members and the Board. The secretary shall have charge of the Association's books and papers as the Board may direct and shall perform all the duties incident to the office of seiretary 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. 3.7 Treasurer. The treasurer shall be responsible for Association funds and securities, for keeping full and accurate financial records and books of account showing all receipts and diibursements and for the preparation of all required financial data. The treasurei shall be responsible for the deposit of all monies and other valuable effects in depositories designated by the Board and shall perform all the duties incident to the off.. of treasurer of a non-stock corporation organized under the laws of the State of Colorado. 7 The treasurer may endorse on behalf of the Association, for collection only, checks, notes, and other obligations and shall deposit the same all monies in the name of and to the credit of the Association in banks designated by the 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. Reserve funds of the Association shall be deposited insegregated accounts or in prudent investments, as the Board determines. Funds may be withdrawn from these reserves for the purpose 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 Compensation. An officer may receive a fee from the Association, in an amount set by resolution of the Members, for acting as an offrcer. An officer may also receive reimbursement for necessary expenses actually incurred in connection with Association duties. 3.9 Statements of Unpaid Assessments. The treasurer, in their absence, any officer having access to the books and records of the Association may prepare, certi$r, 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 Board. The Association may refuse to furnish statements of unpaid assessments until the fee is paid. Any unpaid fees may be assessed as a Common Expense against the Lot for which the statement is fumished. ARTICLE IV ENFORCEMENT 4.1 Abatement and Enjoinment of Violation by members, The violation of any of the Rules and Regulations adopted by the board or the breach of any provision of the Declaration shall give the board the right after notice and hearing, except in case of an emergency, in addition to any rights set forth in these bylaws: (a) To enter the Lot 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 or a permanent nature that may exist in that Lot) that is existing and creating a danger to the Common Elements contrary to the intent and meaning of the provisions of the Declaration. The Board shall not be deemed liable for trespass by this action; or 8 (b) To enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity, the continuance ofany breach. 4.2 Fine for Violation. By resolution, following notice and hearing, the 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 V RECORDS 5.1 Records. The Association shall keep the following records to the extent they are applicable: (a) An account for each lot, 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 Lot, 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 ofany capital expenditures in excess of$1,000 approved by the Board for the current and next two succeeding fiscal years; (d) A record ofthe amount and an accurate account ofthe current balance ofany reserves for capital expenditures, replacement and emergency repairs, together with 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; (0 The current operation budget; 9 (g) A record of the actual cost, irrespective of discounts and allowances, of the maintenance of the Common Elements; (h) The original or a certified copy of the recorded Declaration, as amended, the Association's Article of Incorporation, Bylaws, Minutes books, other books and records and any Rules and Regulations which may have been promulgated; (i) An inventory list of the Association's tangible personal property; 0) Copies of any plans and specifications used in the construction of the improvements in the common elements in the common interest community; (k) Employment contracts in which the Association is a contracting party; (l) Any service contract in which the Association is a contractlng party or tn which the Association or the Lot Owners have any obligation to pay a fee to the persons performing the services; (m) A record of any alterations or improvements t Lots or Limited Common elements which violate any provisions of the Declaration of which the Board has actual knowledge; (n) A record of any violations, with respect to any portion of the Common Interest Community, of health, safety, fire, or laws, ordinances, or regUlations of which the Board has actual knowledge; and (o) A record of any unsatisfied judgments against the Association and the existence of any pending suits in which the Association is a defendant. 5.2 Records Availability. All records maintained by the Association shall be available for examination and copying by any member, any holder of a Security Interest in a Lot or its insurer or guarantor, or by any of their duly authorized agents or attorneys, at the expense of the person examining the records, during normal business hours and after reasonable notice. ARTICLE VI GENERAL 6.1 Notices. All notices for the Association or the Board shall be delivered to the office of the Association, or to such other address as the Board may designate by written notice to all Members and to all holders of Security Interest in a Lot. 10 Except as otherwise provided, all notices to any Member shall be sent to the Member's address as it appears in the records of the Association. All notices to holders of Security Interests in the Lots 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. 6.3 Amendment. These Bylaws may be amended only by the assent of a least 67 percent of the Members. ATTEST: Certified to the Bylaws adopted by the Directors of Craig Homeowners Association, dated t; President - Barton F. Porter l1 .n 5 .ia DECLAR TrON OF EASEMENTS, COVENANTS. MSTHCTIONS, AND EASEMENTS FOR CMIG STTBDMSION Garfi eld County, Colorado The undersigned, Barton F. Porter and Linda S. Craig (hereinafter "Declarants,,), being the sole owners of certain real property located in Garfield County, Colorado, having caused the same to be divided into three (4) parcels, as described in Garfield County Resolution No hereinafter the "subdivision,,) recorded the dayof2000,in Book at Page_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 Ell2NWll4 andthe NI/2SWll4 ofsection 35, Township 6 south, Range 93w, Sixth principal Meridian, county of Garfield, State of colorado: Said parcel being more particularly described as follows: Lot 1,2,3, and 4 craig Exemption Subdivision according to plat filed as Rec. No. COTINTY OF GARFIELD STATE OF COLORADO Declarants desire to create a Planned Community Common Interest Community, to be known as Craig Subdivision, in which certain common property will be owned by the Craig Subdivision Homeowners Association, a Colorado nonprofit corporation, its successors and assigns (the "Association"). Declarant makes the following declarations ARTICLE 1 COVENANTS AND RESTRICTIONS 1.1 Imposition of Covenants: Declarants hereby makes, declares, and establishes the following covenants, conditions, restrictions, andeasements ("Covenants) which shall affect all of the property. From this day forward, the Property shall be ireld, 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 anypart of the property, including Declarants, an their heirs, ,r.".rror., assigns, tenants, guests and invitees. These covenants shall inure to and are imposed for iire |enefit of allLot Owners of parcels of land located within the Properfy. These Covenants create specific right and privileges which may be shared and enjoyed by all owners and occupants of any part of the property. Declarants hereby submits the Craig Subdivision to the provisions of the colorado common Interest ownership Act, Sectio-ns 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 ttr. effective date of this Declaration, shall remain applicable. 1 l'2 Declarant's. Intent. Declarants desire to ensure the attractiveness of individualLots and improvements to be made within the Property, toprevent any future impairmentof the Property, and to preserve? protect, and enhanc" ih" uutr.s and emenities of theProperty. ARTICLE II ROAD EASEMENT COII-VEYANCE AND MAINTENANCE 2'l Road Access: The primary roadway easement and rights of way depicted onthe Plat for access to craig Subdivision shall ie ,oru"y"J to the owners Lrtt " craigHomeowners Association. The parcel owners shall be responsible for the maintenance ofsaid road' such maintenance will include periodic maintenance of the surface andregular snow, ice, and trash removal. The iarcel owners witt not u"."rporrili. ro,m^aintenance of private drives located on any owners parcel. costs of the maintenanceof the roadway shall be born equally by thqParcel owners regardless of length of roadserving a particular parcel. cost of such road maintenance stratt be determin"ed by parcelowners, once the present petroreum company no ronger holds an active gu, i"ur". 2'2 Recorded Easements. The properfy, and all portions thereof, shall be subject toall easements shown on the recorded ptui urr..ti"g trr.'e.operty, or any portion thereofan to any other easements of record or of use as oithe date of recordation of theDeclaration. 2'3 utility Easements. Declarants hereby gant to the parcel owners a generalnon-exclusive easement upon, across, over, in, arid under the utility easements asdepicted on the Plat for ingress and egress and for installation, replacement, repair, andmaintenance of all utilities, including but not limited to domestic water, sewer, gas,telephone and electrical systems. By virtue of this Easemlnt, it shall be expresslypermissible and proper for the companies providing electrical, telephone and othercommunication services to install and maintain neJessary electrici, .o--rnirations,and telephone wires, circuits, and conduits in the .*.-.nt. No water, sewer, gas,telephone, electrical, or communications lines, systerr, o, a.ilities may be installed orrelocated on the surface ofthe Property, except fo. n.."rrury surface facilities. suchutilities temporarily may be installld utou. ground during construction, if approved bythe Parcel owners' Any utility company uring this generll easement shall use its bestefforts to install and maintain the utiiities provided 6r without disturbing the uses of theParcel owners ; shall expedite its installaiion and maintenance activities as promptlyand expeditiously as reasonably possible; and shall restore the surface to i, oiiginurcondition as soon as possible aftir completion of its work. 2 1 This general easement shall in no way affect,.avoid, extinguish, or modify any otherrecorded Easement on the Proper[y. All service connectio"ns to (including transformers) qrimary utility lines serving each Parcel shall be the sole responsibility of the parcel Owner. 2'4 Emergency Access Easement. A general easement is hereby granted to alllaw enforcement, fire protection, ambulance, and all other similar.r.igffilgencies orpersons to enter upon the property in the proper performance of their duiies.- , ARTICLE III THE ASSOCIATION 3.1 MemhershiE Every person, by virtue of being a Lot owner and whilesuch person is a Lot Owner, shall be a memb", of th. Association. Membership shall beappurtenant to and may not be separated from ownership of any Lot. No toio*re.,whether one or more persons, shall have more than one membership per Lot owned, butall of the persons owning each Lot shall.be entitled to rijhts of membership and use andenjoyment appurtenant to such ownership. e - 3'2 Authority. The maintenance of the road shall be managed by the craigHomeowners Association, a colorado nonprofit corporation. 3'3 Powers' The Association shall have all of the powers and authoritypermitted under the Act necessary and proper to manage the affairs of Gage Road. ARTICLE TV COYENANTS FOR COMMON EXPENSE ASSESSMENTS, RESTRICTIONS AND MAINTENANCE 4.1 ExpenseAssessments. Declarants,for each Lot, hereby covenants,and each LotOwner of any Lot, by acceptance of a deed therefor, whether or not is shall be soexpressed in any such deed,are deemed to covenant and agree to pay to the AssociationCommon Expense Assessments. Such assessments,including fees, charges, latecharges, attorney fees, fines and interest charged by the Association shall be the personalobligation of the Lot Owner at the time when the assessment or other charges became orfell due. The personal obligation to pay any past due sums due the Association shallnot pass to a successor in title unless expressl y assumed by them. The CommonExpense Assessments of the Association shal I be a continuing lien upon the Lot againstwhich each such assessment is made. A lien under this Section is pnor to all other liensand encumbrances on a Lot except: (a) a first lien before the recordation of the Declaration; J Security Interest on the Lot recorded I t (b) a first lien Security Interest on the Lot recorded before the date on which theCommon Expense Assessment sought to have been inforced 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 alien or prohibit the Association from taking a deed in lieu of foreclosure. Sale or transferof any Lot shall not affect the Association'i lien except that sale or transfer of any Lotpursuant to foreclosure of any first lien Security Interest, or any proceeding in lieuthereof including deed in lieu of foreclosure, or cancellation or forfeitureihatt onlyextinguish the Association's lien as provided in the Act. No such sale, transfer,foreclosure, nor cancellation or forfeiture shall relieve any Lot Owner from continuingliability for any common Road Expense Assessments theieafter becoming dul, nor fromthe lien thereof allocated and assessed against Lots based o, u .qrut ,t *e for each lot. 4'3 Purpose of Assessments Assessments levied by the Association shall !e-u1ed exclusively to promote the health, safety and welfare of thi residents of CraigSubdivision and for the improvement and maintenance of Gage Road, but not Iimitedto the cost of labor, equipment, materials, and other custoruryiha.g.r. 4.4 CommonExpense Road Assessment shall be payable or, u *ortt ty basis by .u"f, rot owner. Costto be determined upon the termination of the petroleum co-puny,, Lease, who atpresent time maintains the road. 4.5 Any assessment, charge or feeprovided for in this D-eclaration, or any monthly fee thereol which is not n iiv puiawithin ten(10) days after the due date thereof sirall bear interest at the rate as determinedby the Board. A late charge of up to five (5%) of each past due payment -uy atro u.assessed thereon- Further, the Associatiol may bring an action ut iu* o, in .quity, o,both, against any Lot owner personally obligaied to-puy such overdue assessments, charges, or fees, or monthly or other installments thereof, and may also proceed toforeclose its lien against such Lot Owner's Lot. An action at lowor in equity by theAssociation against a Lot Owner to recov_er a money judgment for unpaid assessments,charges or fees, or monthly or other installments ttrereorlmay be commenced andpursued by the Association without foreclosing, or in any way waiving, the Association,slien. 4 4'6 obstructions. There shall be no obstruction or interference with the free use of Gage Road, or any easement, except as may be reasonably required for repairs.The Association shall promptly take such action ur -uy be necessary to abate or enjoinany interference with or obstruction of any easement. Th. Arro.iation shall have theright of entry on any part of the Property forfte purposes of enforcing this Section. Anycosts incurred by the Association in connection with such enforcement shall be assessedto the persons responsible for the interference. 4.7 The Association shallmaintain and keep the Common Elements in good "ordition and repair the cost of whichshall be included as part of the Common Expense, subject to the eytaws and AssociationRules' If, due to the act or neglect of a Lot o*n.. or u Lot owneris invitee, guest or anyother occupant of a Lot, damage shall be caused to the Common Elements or to a Lotowned by another, then such Lot owner shall pay the costs of repairs and replacement asmay be determined against such Lot owner secured by the lien provided foi in Section4.1 above. ARTICLE V ENFORCEMENT OF COVENANTS 5'1 Violation Deemed A Nuisance. Every violation of this Declaration isdeemed to be a nuisance and is subject to all the r.*.di", provided for the abatement ofthe violation. In addition, all public and private remedies provided for the abatement ofthe violation of these Covenants shall be available. 5'2 Compliance. Each Lot Owner and any other occupant of any part of thisproperty shall comply with the provisions of these Covenants as the ,u*.1nuy b.amended from time to time. Failure to comply with these Covenants shall be groundsfor an action to recover damages or for injunctive relief to cause any such violation to beremedied, or both. 5'3 Who Mav Enforce. Any action to enforce these Covenants may bebrought by the Declarant or the Board in the name of the associaiion;;;h;lf "f the Lotowners. I{ after a written request from an aggrieved Lot owner, neither of theforegoing entities commence an action to enfoice these Covenants, then the aggrievedLot Owner may bring such an action. 5.4 NonexclusiveRemedies. and not exclusive. All the remedies set forth herein are cumulative 5 t 5'5 Nonliablii8. No member of the Board, the Declarants, the Association orany Lot Owner shall be liable to any other Lot Owner ior the failure to enforce theseCovenants at any time. 5'6 Recoverv of costs. If legal assistance is obtained to enforce any provisionof these Covenants, or in any legal proceeding (whether or not suit is brought) fordamages or for the enforcement of these Covenants or the restraint of violations of thesecovenants, the prevailing party shall be entitled to recover all costs incurred, includingreasonable attorney's fees. IN WITNE SS WHEREOF, the Declarants has executed this Declaration thisaU oay of Barton F. Porter STATE OF COLORADO S S ss. COUNTY OF GARFIELD S Craig of The foregoing instrument was subscribed and swom before me this /: ,LL day , by Barton F. Porter and Linda S. Craig Witness my hand and official seal. My Commission Expires:'/oo c) DECLARATION OF EASEMENTS/COVENANTS 6 My Commlsston Explree 1ZI2S|Z000 MARGARET R. JOY NOTARY PUBLIC STATE OF COLORADO * THIS AGREEMENT is entered among the following parties: into on this 3 day of 2000, by and BARTON PORTER AND LINDA CRAIG, the owner of craig Subdivision, whichsubdivision includes the following real property: Lots l-3, Craig Subdivision County of Garfield State of Colorado WHEREAS, this Agreement shall be assigned to and for the benefit of Lots 1,2 and3 of the Craig Subdivision; and WHEREAS, Barton Porter and Linda Craig are the owners well permi t# 22lg4g,and use of ground water from well shall be timited to ordinary trousehold purposes inside3 single family dwellings, the inigation of I acre of lawn and garden for each parcel,and the watering of livestock; and WHEREAS, Craig Subdivision well is capable of being shared by lots 1,2, and,3in the Craig Subdivision, and WHEREAS, the water wells and system requires continuing maintenance andoperation, the costs of which must be borne by thi users and o*ri.r, trrereot anO WHEREAS, the well permit contemplates perpetual, though not constant, use andoperation of the well, pump, and the appurtenant structures; and WHEREAS, the owners of Lots 7,2, and3 desires to enter into this agreement tobe assignable to and.binding on the respective owners for the purpose or.iu?iryirgrespective rights and duties and establishing easements ana piocedures ro.ioiruyoperating and sharing the water well and dJivering water to lots 1,2, and3 in the CraigSubdivision, and for providing a method for equitably dividing the water derived fromthe operation of the system, and for equitably attocating the shared payment of costs ofoperation and maintenance of the water weri and pr.i*a other siructr.., iv,rr.subdivision. Now TTmREFORE, in consideration of the mutual obligations, promises andcovenants set forth herein, and the due performance thereog an'O for otfr.. looJ unOvaluable consideratiol, the receipt and sufficiency of which is hereby acknowledged,including but not limited to the acceptance of the benefits and detriments derivingherefrom, the above-named parties ui follo*s, 1 ) I' The parties' ownership of the water system, well permit, welr, pumps,power source for the pump, fittings at the well head, msters (whetherexirtirig now or tobe installed at alater time), foot valves, and any pipls or pipelines ,ra uiv oirr",structures that are jointly used, shall be proportionutty uur.a upon the : rots in thesubdivision' Each lot owner shall be entitled to one-third of the withdrawal of waterfrom the Porter/ Craig well and all the above appurtenant common facilities. 2' No party is deemed to have any ownership right in and to any pipe, pipelineor other structure used solely by any other iarly which may utilize any portion of thewater flowing from this water well and its structures. This agreement does not intend torelate to such individually owned or used rights or structures. Nothing in this agreementshall be contrued to give any party any rights so such non-shared p#.ty;iotherparties nor to obligate any party to pay any costs associated with non-shared structures. 3' The partie-s shall cooperate with each other at all times in all mattersnecessary to promote the proper functioning and use of the water system in such manneras to provide to the parties optimum water supply at all times possible based upon thenatural availability of water. At this tlme it ir ugr".a ttrat inaivioual water meters mustbe installed' and a 10o0 gal storage tank for each-lot. tnJividual lot owners will beresponsible for installing and maintaining there own meter and storage a.iiity. waste orover-use shall be deemed to be a materiai breach of this agreement for which thenon-defaulting parties may seek remedy at law or equity 6r damages or roiiiiunctiverelief, or both. 4' The actual and continuing costs of operation, maintenance, construction,extension, upgrading, cleaning, repairing, and all other work required on sharedcomponents of this water system to cause the water at the well to remain available todeliver water to the parties shall be shared equally uy trr. pa.ties in respect to theirproportional ownership. Nothing in this agreement rt utt r.qrire reimbursement by anyparty to any other party for any costs incuned prior to the date hereof. a' If at any time it becomes necessary to make improvements, additions orchanges to the water system to compiy with the regulations of ,ny siut. orcolorado Agency, such as installing a chlorinating-filtration rvr,"rrr,,he costs ofsuch improvement, addition, or change shall be siared equally Uv trr. pu.ties inrespect to their proportional ll3 ownership. 5' Any party who has been using water from this system and at any time electsnot to share in costs, necessary repairs, .uirtarun"", ,.plu.ament and to maintain thewater well and deliver the subject water, shall not receive water from the well. At suchtime as said electing party chooses to resume use of water from the system ,uia purry *ryonly do so upon reimbursement to the other users the full cost of said party,s share ofsuch expenditures with legal interest retroactive to the expenditures date. 2 6' All matersaffecting the well shall be made upon agreement of a collectivemajority 213 of Lots 1,2, and3. The matters upon which a majority vote is required shallextend to, but not necessarily be limited to, the right and obligation to make decisionsabout the type of work required to be done on the;il, the timing of such work, theacquisition or construction of additional structures, or devices, th-e performui.. o, hiringof such work to be done and incurring the cost theieof times and dates of operation ofthe pump, and to collect from the parties their respective shares of such costs. payment by the parties shall be due within ten (10) days after receiving written notice thereoffrom the respective lot owners. 7' Any expenses for the well shall not be incurred without first giving ten(10)days written notice in advance of such expenditure to all parties who will 6e obligated toshare in such cost. unavoidable and reasonable.*p.nr., incurred uy any purry in u,actual emergency, shall be reimbursed by all users. a' If a party objects to any non-emergency expenditure, said party must delivera written objection and the reasons thirefor toit. remaining iot o-wners beforethe expiration of ten(10) days after having received the notiie. If any partyfails to so object, then said party waives his/her right to object and is thereafterbound to timely pay his/her share of the expenditures. b. upon receipt of an objection, the remaining 2 lot owners may agree towaive such expenditures or agrees to approve the expenditure, ail pl.ti"r,including the objector, shalr be bound io timery pay his share of thlexpenditures, excepting any instance in whichihe obiecto. has obtained ajudicial decree preventing the party from proceeding. Without such majorityapproval, the expenditure shall not bind any party not agreeing to theexpenditur-e Any party not paying his share brttri. explnditul shali not obtainwater until making such payment. Any non-paying party may at any timeseek judicial intervention to prevent an expendiiure not approved by themajority. 8' Failure of any-party to pay his share of costs as billed at anytime shall beactionable in the courts in Garfield County as a breach of these Agreement which actionmay be brought by any non-defaulting party. Any judgment obtained against such partymay be collected under then applicaute coioraao t"*Jro. collection orjuag-"rts. Thecourt in its discretion may award against said defaulting party as part of the judgment anamount equal to judgment and collecting payment therJon. 9' Each party shall be deemed to grant by this Agreement such permanent, J non-exclusive easements across his properfy as necessary and sufficient for thisAgreement to be performed for the benifit orun trr. fuiies as users of the shared pumpand other irrigation structures. Nothing herein shall be constructed to be a grant ofeasement except as may already historically exist. 10 Nothing in this Agreement shall by itself be construed as a transfer of anywater right or appropriation of waters as heretofor" ".q**a or owned by any party.Each party agrees to not interfere ut u1y.time wrth ,rr. p-po use by any other party of itinterest in any water structure and shall indemnifu "rd il harmless all other parties andusers from any loss or damage or injury cased uyirre acts of said indemnifying party. I 1. The term hereof shall be perpetual. 12' The laws of the state of colorado shall govern the validity, effect andconstruction of this agreement. 13' This Agreement contains the entire agreement.among the parties and maynot be modified in any manner except by an instrum'ent in uniting signed by all theparties. IN *ITNESS *HERE.F, the owners porter/craig have signedagreement and conveyance on the following dates followrng their respective /jA this signatures. Date 5Lt 1 DOBarton Porter Witness may hand and official seal. My commission expires Mt z i /-2r,,.- Craig STATE OF COLORADO ) couNry oF GARFTELD l* AA The foregoing instrument was acknowledged before me on this j4dav,r -t?l-, 200d,u/ narton po.t". and Linda Crai g. I ,",/ 4 MARGARET R.JOY NOTARY PUBLIC OFSTATE COLORADO My Commteeton Explrs6 nnOlZOOo c ?o) illltil Iilil llilil ilr illlt illll lllllll Ull] lll L[lsladi{TCtslttsgs 03:23P 81162 P803 ll ALSDoRF 1 of 1 R 5.00 D 0.00 GRRFIELD COUNTY C0 day of 19-' at orctock -rlReceptlon #Rccorder Rccorded the QLITT DEED L TN t S DEED, Hade th i s &Y of bGt!ecn BARTON tr. PORTER crantor, for the considcratlon of fi* IEll OOLLARS AND OTHER GOOO ANO VALUABLE COtlslDERATtOll r** in hsnd paid' hercby set[s ard quitctaims to BARTON F. PORTER .tr}{D LI}IDA CRAIG GrantEe. not in tenancy in comon, but in ioint tensncy, t'hos' rtrEQt address is 11 3 7 Cowlty o{ GAREIELD , St ate of Co ado the foI towing Ci ty of county o{ GARqIELD ,and State of Cotorado, to xi t reaI proPertY in the ST OT THE 6TI{ PRINCIPAT' ME N.IDIAN TOWNSIIIP 6 SOUTH RA}IGE 93 WE SEC'fION 35: F.L/2Nt"tL/4,Nl/2Sw1 /{ COI'NTY OT GARPIELD STATE OF COLOBIDO atso knolrn as street ard nunbcr TocETHER rith Ett its appurtenances' The singutar nunber shati inctude the pturat, thc plurst the singutar, and the use of any gerder shatI be appticabte to atI genders' Signed as of the day and year first above rritten' r. PORTER state of Colo.rado . ) ) ss. county of GARFIELD ) Ihe foregoing instruncnt Has acknovtedged before me lhis day of )4 NO €r 199 9 by D poR R lJitness rry hand and offiei,at sca)' xv connilrieo.$ti s.t-t.7 I -'1 ]J. ?'i : ; I nnnnGARET R J0,1I ruoTARy puBlic ! ST,oi'E OF Ciii 'lttA'lrit*iE-a.#.rL....,1 /t t,L. ),lot Pubii My Oo," r iJhen racorded return to ch'z323986ri2i,2388form |lo TOI{ F. QCDJT (arjit ctaim Deed Joint Tenants - ?!97) Starbuek SurveYors & Engineers -12040311E)328c0Avcbara(3o3ChamEaglo,E.5841 205Bor0P ACCESS EASEitIENf Nf 1 /4 SEC. 35, r. 65. , R. IsW, , 6TH P ' t\l ' GARFIELD COUN IY, COLORADO IFound Broae Cop USGLO 'N 1/4 SEC 55 T65,'R93w' ,1/ \e/bo.., /a.\2 a'.).1 ./ t rr:r( r€) a tD^8ts5'oro O- @O fio. F] ./2 ooCzI \vo o /, (, @ a +ut{N t \ ol(nl d\o' @! rn/7 I Q Access Eosement \60' in Width --{ \_Rlght-of-WoY Wldth of CountY Rood 319 woa not dctcrmlncd +o GI P Ul N 1SCALE :" = 100' Found2' Brosa Cop 2' Plpe L.S. 15846 'South Center 1/16 Scc 5s' PAGE 2 OF 2 ,roB I 94-O3J D LEGAL DESCRIPTION FOR ACCESS EASEMENT 1 2 An Access Easement for ingress to of Section 35, T. 6 S., R. 93 t,l., and lying 30 feet on either side o follows: Job No. 94-033 Page I of 2 and 6thfa egress from the El/2\]il1/ P:M., said easement bein center I i ne more Part j cu I 4a g6 arl nd the N1/2Sl'11/4 0 feet in width y described as 57 feet to a Point on the east the North Quarter Corner of 434.72 feet. L. S. 6826 Beginning at a po.int on the centerline of Garfie'ld County Road No' 319 (West fiiil, ir..k Road), *t.n.. the North Quarter Corner of said Section 35 bears N. 5l'05'I4" l'1.'for a d'istance of 433.94 feet' Thence, S. 64'20'58" l.l. for a distance of 374 line of the Nt,l l/4 of said Sect'ion 35, whence sa'id Sect'ion 35 bears North f or a d i stance of 3. Said easement contains 0.516 acres (22,474 sq. ft.), more or less' Date:Herbert Starbuck Surveyors and Engineers 205 E. Chambers Ave., Box 1584 Eag1e, Co'lorado 81631-1584 303/328-7 208 Eagle Off ice 303/625-3913 Rifle Office t tschard, 6826 frr/a"cE#eon'g COLLINS DRILLING & PUMP SERVICE, iNC. PO BOX 0516 CARBONDALE, CO 81623 (e70) e45407e JOB NAIvIE IfATE _ 7d_(re ADDTTESS PHO M.A.TERIALS USED a57/,/& 3 // "//,-ut d*/.&- 4.r/6lr L/ /-" *D 1VORK PERFORMED BY TIME ARRIVED TOTAL TINI GO BACK YES-- NO- T'IME tEF-r-* TRi\VEL#slr c1c wln' .jt li-i,rj ::r L'f.l i -'l-l j,!l Sl'J I -]lDl'':l f 5 : t'rllluj,l HdES :\iJ aq7'l 9z 'LrE I F-lEf, !t?E Alb : 'i:lt'i 3l'[rFd Gollins Well Drillin$ & Pump Gompany Division of Synacuse Exploration Company' lnc' po Box 2346. GLENWOOD SPBINGS, COLOBADO 81602-2346 97G963-2812 Fax 97G9454O79 January 21,2000 Barton Porter 2571 CountY Road 3i4 New Castle, Colorado 81647 Re: Well Test Report Dear Mr. Porter, On January 20,zOOOour firm conducted a 4-hour well yield test on your property in Mamm Creek' The follorving data was comPiled Bacteria test taken at the time of the test shows negative. The production of this well is greater than 5 ;li;;il;;;;;r;. pf.ur. feel free to contact ut nf*t any questions or comments' Thank vou for vour business. Pumping Rate: WeltDepth: Static Water Level Total Erar.v Dolvn: Well L 5 Gallons Per Minute I20 Feet 34',7".rt, a') Respectfull submitted, S I Pump Manager DLWrht Enclosure -t Ir\\:-^trl\\'- \ :-s-!:--\ [^ ]n l- -l L-t-o s) .\ \ NN \N N \ s N ( \i R N { \ \ 1f''- /+ r-.\,., _!s:-'l* d, j ' .-' - ,^_i aF.,J_- t=?+s - 5:r-- -'a\ d r\\ :-N\\ \'t:.\::^:?X iJ ,S 1j, \J* >'' 1-t. c(. J! \* li-\l\ \r \n<\ c\ r ,",J --- (.{ 0,- }- U1 g f- t t. :t 6 :r'-n:3 €: C:? 6c )r ae ae :f,() f, a tr !?1m E ,g I I I Ih*t{.i\i\ I I I c t,c :. n 2o$ 9=.. =zEt€E arrdI _=?i g Eds E E*E H sHEnelli- =r'sSrdHH #:D EH + o .ia o - aa ! u f Q 6 G! r a i- 0 Et t1 t+ h q I I!iql ;;;;fr=fre:^-E TF!.8;.Lh6E +,F E;;{ 6' Iy6 iH^*3 t,on GCIU4:tE.E I E .;i:, aa\.1 t \z 6_. t= -4-.,- ,,C o z =a + t+ !GA IEo+i-otL F= o= HH =>3T l_ ir\INt\'$'. ,"! '-?-f !.aC, aa-. I i I I I l i I l I I o a !, - t^ ii\ I\) liI h l'/I @B =i:i PFt*i ,rfi .\l :9 tr,\ =>iIi! r\ =sh €{ o an Ta c !p L- t?Ea)!*aafri2c2 z. =A;7c1 t=: EFEH:=*>E:;=ris=:=P=ratr->SrqE f=58 ZA ,mofr z(n m! Inc i, tI ,,uu &\1i5,, *sce,iEo ,,wAi0O Fv.t! ourrr., t 3|?i ER \on /^2f o a IN'THIS SPACELtO \LAI E iATE GWS-25 APPLICANT COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg', 1313 Sherman St" Denver' Colorado 80203 (303) 866-3581 ,JvuitE,n D UUf Y 634 WELL PERMIT NUMBEB DIV. 5 CNTY. 23 WD 45 DES. BASIN MD Lot: Block: Filing: Subdiv APPROVED WELL LOCATION GARFIELD COUNTY NW 114 SW 1/4 Section Twp 6S Bng 93W 35 6th P.MLINDA CRAIG P,O. BOX 1256 RIFLE, CO 81650 gTSTANCES FROM SECTION LINES '1500 Ft. f rom SOUTH Section Line 525 Ft. from WEST Section Line(970)625-8744 PEBMIT TO USE AN EXISTING WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER BIGHT CONDITIONS OF APPROVAL 1) 2l 3) 4) 5) 6) 7l 8) This weil shail be used in such a way as to cause no materiar iniury to existing water rights' The issuance of the permit does not assure the appricant that no injury wi, occur to another vested water right or preclude another owner of a vlsted water right from seeking relief in a civil court action' The construction of this we, shall be in compriance with the Water We, construction Hules 2 cc* 402-2' unress approvar of a variance has been gi*,"0 by the State Board of Examiners of Water Well construction and Pump lnstallation Contractors in accordance with Rule 'l 8' ApprovedpursuanttoCRSgT.92.60213)(b)(ll)(A)astheonlywellonatraCtoflandof40acresdescribedas the NW %, SW yo, Sec' 35' Twp' 6 South' Rng' 93 West' 6th P'M" Garfield Countv' The use of ground water from this we, is rimited to fire protection, ordinary househord purposes inside up to 3singlefamilydwellings,theirrigationofnotmorethanoneacreo{homegardensandlawns,andthewatering of domestic animals. Thd maximum pumping rate shall not exceed 15 GPM' The return flow from the use of the we, must be through an individuar waste water disposal system of the non-evaporatiVetype*nu,,uthewaterisreturnedtotheSamestreamsysteminwhichtheweIlislocated. This well shall be located not more than 2OO feet from the location specified on this permit' Approvedfortheinstallationofapumpin,andtheuseof'anexistingwell'constructedonlol22l9S'toa depth of 120 feet, *Jrr ronitoring hole notice MH-27168, acknowledged 12 18195' NOTE: MH-27168 was approved for the NE 14' SW % NOT NW %' SW y'' Parcel ldentification Number (PlN): 23-2177'352-OO-1 68 (totaling 160 acres) Assessor Tax Schedule Number: 024124 P h- T' o/ Z' L/'ooa Ststo Englnlr, Receipt No A DATE ISSUED JAN 12 2000 8y EXPIRATION DATE JAN 2 ?A02 APPROVED DMW n, 7A-*/-1 Application.....'Craig Subdivision Exemptton Reference: old road easment This is the old road that was used prior to the making and survey of this new easment which is the present used easement and recorded today' Linda Craig !q?u| ullu [Iu l# uili ! !$uH!lr H JIttH I BENZEL LIVESToCK CoMPANY, being the owner of all of the fol]ow,ing described real property, does hereby cledicate the same to tlre p"rt,ti. for rr:s Bt?lreralrlst ar"'i l'errefjt for roadway PurPoses: AnAccessEasementforingresstoandegTessFromtheEl/zNWl/. andtheNl/zSW%ofSection35,Township6South,Range93\\est, 6thP.M,saideasementbeing60feetinwidthandlying30feeton either side of a centerline more parrrcularly described as foliorvs: Beginning at a point on the centerline of Carfield County Road ttto'"319 foest M"*m Creek Road)' whence the North q.,",te,CornerofsaidSection15bearsN.51"05,14,'W,fora distanceof433.g4feet;thenceS.642tl5S,,w.foradistanceof gT4,sTfeettoapointontheeastlineoftheNWl/rofsaidSection 35,whencetheNorthQuarterCornerofsaidSechon35bears North for a distance of 434'72 feel' said easement contains 0.516 acres \22,474 sq' ft), more or less By making this dedication, BENZEL LIVESTOCK COMPANY disclaims any dulv or obligation to open in. prof"rty described in Exhibit A hereof as a roadu'av' or for maintenance thereof, or for any tiability whatsoever pertaining to Lhe san\e Thjs dedication is by quit claim only and no warranties, expres, oI. i,niliuJ, rrJgiuun a1d ant'and all w'ater or water rights which may be attached thereto ur. n.rlUf r.,",.u""d for the u'" und beneiit of the Grantor on RECEIVEDAPRl Z2OOCI other lands owned bY it' IN WITNESS WHEREOF, the undersigned has hereunto set its hand and seal this 7/-day of May,79P4 BENZEL LIVESTOCK COMPANY By Joanne Grant Ber ke,Ceneral Partner STATE OF TEXAS COUNTY OF Do/l*s The above and foregoing i May,1994, bY Joanne Crant Berke My commission exPires: {'t 3' nskument was ackrowledged before me rh\s /o%day of as Ceneral Partner of Benz-el Livestock Compa ny' ) ) ) ss. Notarv PLrF lrc ,0^//^1,?'l :'L).: 7L L ,n,d".,^.. P.o. 6ox R,s\e Cr^o t o\25 L" I(o gtt'5 c) LoNell S. Crumpler Notory Public, Stotc Of Trxor Commilrion r3.96eptr et I P-sdad .r *-LL-€Q-.,,*,qffi{1.* -!17Z2ff7 ,t tii ! I a!. , .\ -.t. ,.r r-{rnr{ il t.,,fl$l$ , ?13 KgtL 35-lz $ry PtPUt.!\F til{;ll T,{)}'-\l Al (;RANI' f()R.tll)l\(r|\SlDI.RAtl()!\'!ltir.ntril,ll lcrrllrllilrsltrl(1fi)ltnd(ltlierg{x'dan(l rrl,r.rhlt ltrrrdcnli{ln. lh< Racrnr ol rvhrch rr lmhr ahn,wlulgut l ll()MAS Il. trUl.!,, lqs{ l'rrt I'crrrn R,'al- \lrrrler.r. (nlir(rilrI i)illt "(irtrnli]r". IER'h\ lr{,ils unto SNYI}}lR (lll, ( ()Rf{)R{11(l\ (il l6li llnrirl\N. \rrrt l-r(x}. l\rr,o- ( r,L'rr,k' 8(lll}1. "(iranl$". ils \lrLrr\\rfi rn(l irsrSnr. r nrn-c\\lu\ \l ejq'rDcrll rrtht<rl *rr rnr! thr right l() Ia\. nlnintain, rn\f\'!l- rcJrl&(. m\1. ilfiratc. ilxl n'trr'rt',rrt- or;rlin :rrll sr*h tlrtps. r'alvts lillinls. trElers. {nd rlll{a (a1rrfrk'nt iipfunorril.e rril nrrr tr qlr-r.irn' lirr tlr o;*-ratron. orcr. thnugh. upon, tuxlcr. rrrl ,tr0r.rhe l,rlld*ingr|r'*rrh.rl l.rn,kl{!at(Jrn(iarli.lJ(itrmt\.Slillcrrf(rrkrn<lo.tou'il: I ( .1! ;\,,\ I llll 0 l!)L. I I L lL$ OL q -1 $ .:S LollLt-\I \ttlrur l< l'rn ot thr'\ lSr"\ .l lr('rl (\t\rrn! rr';rls uith rDtrcss arxl cgcss t, rrxl fn)m enx lir a dellnitive dexri6im ofthc (,r\cilr( rr. q.c thc .ttelKl lrrhihtt "4" *hich l,v thir rc,imc is mdc r psn hcc)f. t1 r\ rtl tr {t l.t I \D}rRsI(x}D ANr} {(;Rft:D BETWDE.N THE rARIlr,S AS 1( )l .l .( )\,1 \: ! ln,rl.lrtrrn lr tlr contic['mtxrn htnrmtxrrr stal.d. (;Bnllt a8rccs lo pay (inntof -fen [)ollsr r i l{r lx I I iilkl ({lk'r grx xl ani r ulruhlc consideml io- an damSes k) lhc Smwing foliaSe for tir initirl ilr\trlln{r,n{,1 vrrJprJrlirr l)amagt:causdhr lrrwcxcavali(nsofofrmtiomshalltEe'ttldby t1)lilrLti errf,r'nl -l lrrrrrc,lr.rclr rlio inrtallrtionof IhcpiJrlrm (ironleagruslomklclhegrourxltryuhtlutely r.rrrrprng lnrl gx lrrrg to a t oniiti({. as rrrrll as grssible. as it cxisrcal tri(r to lhc installatru of thc rrrB'lrl( r,rrnl.('urll nraintarn ur cnrsrrn pnrl,lcrns lhal aris duc lo c{)nrlmtion of thc fipclim. I f i.rrrlcr .rr,((. th"n anr prJx'lirr inslalldl stHll hc st a minimum depth of4E iEhc! hflow fhc \trr'.r.. ,r! llr(' Fr('un(l Ihr rrght-o{-*ar gr:ncrl s}rall hc Iilien (15) f-frt on citlr sidc ofth€ L(nr.rl,rr r[1r,l\'d ,u l:rhrhit ,\'hcrn)f. cxcri, lhat during the initial iretallation of thc 1,iplirc, ( ,r.rn!r'r 1,,' rlr( .,'ri{!rlrrul,(r! slalcJ atx!\e. lBr-h} Brants unlo thc (lmnlc th€ right to rces thc r rght ( | \\.r\ t xot\ - li\ r r : i ! ltlt (]n e ithcr sill.j of tlrc centcrlirrc dcrribed in Exhibit "A" hcmrf r. rr n.r\ rlrr.,Lr!h rt* rh,r'c rclrrrnc(i lands llr ujditiorul right<rf:wal and right of res! thrll rn rri (.rq cr\lurc lir a firrtxj rn r'xccs\ of orc rurdmJ eightl { 180) days from thc date haaf of l!rc conrllet,,*r, ! rnr:rrl rnstallelirn rvhich trtr friod is lh. shond. I \ii .qurt'rlrrt,'r,rpprnrnan(clkllln'piFlincu'hichshall lronoraluvtthcsurlireof thc lnrrrrl -trarl ft' rrrrtrll,-rl rn a nmnrEr l() lr(x&1 t R (imnkn/s livcstrx\ uhcn reccsry. Anl ahrvc l:,,.i{rJ rnslr!l ilron' rrrll tr nr&k' $ilh the srill.n consnt ol thc (,nrflk}r. i l,rr'!lr-'r!ryc: thdl ,lrrring conslrutlion q,l (id pilrlire. livcsl(tsl cft)ssinSs will he providcd \\lr.rL rk'(e\!ri\ I urthcr. all li'nces that nrr\t hc s'rcrcd or renl,r-cd lilr instsllati(rn snd ,l).rrr!.1runcr I rli lr n'infon-rr] Fr([ kr a.-\firrrg diix_fnt k) *hcre llE cut !s m[k to Frcvrat deflugc li,th. ,crEclrtu l('rlifrrrarr tralla k) frrlqic lrc c*^afr ol (;ranl(trJs livestrxk slmll hf, instllled \\r\'rr rtrrL\ur\ \l! lril(cs thal & cul or ft'm( rcJ shall be n-stoed in as grxxl a conditirtn ,r.r'\r\!rd flrx{ lo !rrji!!l:itiltrr,'l llr lifrlrnc ,, I t*r! rlitrr{ ln (irarrtrx. rl!( nght{'l-r!a\ crqartrt lEtritr gru)tl1l shrll ltmiftilc lnl nll righh ilr\rrurtri(r ('\rf, k) (;r -ilrtr hlFn llE frrfrltE ,ratnl tlercrn lus [)l lBen ttscrl b! (iratrlm lirr a 1*rrrl r,l ,x* i ! ' \.nr..\rcpl *lrn n'n-uw is c rLr.c,l h) ills r)r circunlstam-r5 hcl-ond thc control I , i i |' i I I i I I I II ('rr,.tcc \lLrll Jtrr rll rrrr rrL'rrtrrl rr;ro * r rn rrrr,l ,n nc,trrling rntl srtrr er rnB !tr{l entm.nl X (ir.nil('r *!'l rk,l hrl(l tr.antc, liahlr l|!r datilalr\ iu-urrctl hr'(irarrtttr a\ t rcJUll dl (iratrt()r's .Klr\rilc\ rtrr lhr cd<rrcDt r*{ c,{npallhle ri'lr':f, nrryrts\ ronlcr!rllrttd l(rr:in 5x.+rL ttt ttf l r t LEt )-tt 2rO .{*rl.r; tsa$ nf*ilE0$g& fi.tuiffi.tfo ui"&rntr*tirln'"si'iL" :h?.frw'j.sFitrr:r@w r.',01125,', 714 I!ipline Ri ght<rl:\f, av (imnt l'agr I q. ( irantfr' sill ir &'mnill arrt txrkl hamlcsr (imtor fntm mr le gal a'tirms as u consqlel of (imrle's actil,ilieJ l() Itr r Uht{ gnntfil h{rcin mtl hc nssigmd in *hole or in furl I I .l his agrerert slnll hc hirding r{m hcin, wrss, and ss gns of (iru*c rxl (inntq utd sltrll t! { covcnanl nrnning v ith this land !N \\'l I\|SS \\ I ll:Rti(['. (imtq hr aetned thii agmrcnl thrs .1- dry of Novmbcr" lqq4. hut ctli'ctivt as ol thc day of [:int ConslMtion (iR ,t\l ()R t ii ! II Ir t t { ll I. tI I j tt i t , ,/1n",r. / l;/Jr// ill( )\,t \\ lt Kt.l I / s l ,1 l l ot ( AI ll.()RNIA ) )5s(\)t Nl\ rl)l -1, ' .-:.,/.-,') lht lirrcgo,ng inslarmcnt wa. rlrrulqtScd htfore re rtrls, .l.l{ day of Novcmtr, 1994' by I honrrs ll l.t'li U I I \l Ss nrl hard and oflicial ral \lr ( rrrrrrr,srirrt I tpirs -r -l; "-'--*::2.<<.Natab l\blic -{rQ='* RnrJingat 1-nL : 'A .,i, i2.,F ., *,,*,r *,X**lrtflW,*{&iru**ui*xritl i*1;iifuil*iut*ttr , u*rithsalrr*srrqeil3or56*,*;;l;r '. I PS 10?6 t,D ll 35 - --'nl ,l I I* 5oo O !'d ma l!l@ r:fl tclla I ta nrl N I H r i i i( ! I I I 1 l i f It ! :' I . . - . Gr. I'lfEl lE mf., follElrrj ll' 'si:.alsllr.6 mtnEtd xrl datarrllEl by m 'ec-hrllt' anrt.Y. (;rrf l.ld (rrryll, (rlrnfm ,r, , ,. ,-ll Land Title Guarantee -Qg-lP.anY CUSTOMEB DISTRIBUTION Our Order Number: G\Y232388-2 Date: 10-12-1999 PropertY Address: COLORADO WEST REALTY PO BOX 1256 RIFLE, CO 81650 Phone: 970'625-2027 Fax: 970-625-0552 Cooies: 3 Sent Via US Postal Service Land Title Guarantee GomPanY YOUB CONTACTS Date: 10-12-1999 PropertY Address: Our Order Number: GW232388-2 Buyer/Borrower: BARTON F. PORTER Seller/Owner: THOMAS B. KELL *.:F*{.*{.**{.*{.*:8***'k**{c{.*****:r***'}.*:1.{G{.*{.!F{.*il.**,Fi.***,.***'lG*:f*!'r*'t{.:}!N.*:}** Note: Once an original commitment has been issued' any subsequent modifications will be emphasized bV under.tining or comme"lfl . . - **rF****************nni{'**{"F*'F't'****r'+**x*irt*r'*'r*'}**"*!t***{'*{"8'F{'{'*{'* If you have any inquiries or require further assistance' please For Closing Assistance: Margaret JoY 817 COLORADO AVE' #102 GLENWOOD SPRINGS, CO 81601 Phone: 970 945-2610 Fax: 970945-4784 contact one of the numbers below: For Title Assistance: Glenwood SPrings "GW" Unit 817 COLORADO AVE. #102 GLENWOOD SPRINGS, CO 81601 Phone: 970-945-2610 Fax: 970-945-4784 ESTIMATE OF TITTE FEES s777 .00 s70 .00Alta Owners PolicY 10-17-92 Tax Certificate $727 .00 TOTAT TTIANK YOU FOR YOI.]R ORDER! Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. GW232388-2 Cust. Ref.:Schedule A PropertY Address: L. Effective Date: September 13' 1999 at 5:00 P'M 2. Policy to be Issued, and Proposed Insured: 'ALTA' Owner's PolicY lO-Ll-92 $190.000.00 Proposed Insured: BARTON F. PORTER 3.TheestateorinterestinthelanddescribedorreferredtointhisCommitmentandcoveredhereinis: A Fee SimPle 4. Titte to the estate or interest covered herein is at the effective date hereof vested in: THOMAS B. KELL 5. The land referred to in this Commitment is described as follows: ToWNSHIP6SOUTHRANGE93WESToFTHE6THPRINCIPALMERIDIAN SECTION 35: E1/2NW1/4, N1/2SW1/4 COUNTY OF GARFIELD STATE OF COLORADO ALTA COMMITMENT Schedule B-1 (Requirements) The following are the requirements to be complied with: Our Order No. GW232388-2 payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. proper instrument(s) creating the estate or interest to be insured must be executed and dury fired for record, to-wit F 1 PROPERTY. ALTA COMMITMENT Schedule B-2 (ExcePtions)Our Order No. GW232388-2 Thepolicyorpoliciestobeissuedwillcontainexceptionstothefollowingunlessthesamearedisposed of to the satisfaction of the Company: Rights of claims of parties in possession not shown by the public records' Easements, or claims of easements, not shown by the public records' Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and whi-ch are not shown by the public records' Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown bY the Public records' Defects, liens encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereofbut prior to the date the proposed insureO acquires of record for value the estate or interest or mortgage thereon covered by this commitment' Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office' Any unpaid taxes or assessments against said land Liens for unpaid water and sewer charges' if any' ') J 4 5 6. 7, 8 9 THEEFFECToFINCLUSIoNSINANYGENERALoRSPECIFICWATERCoNSERVANCY, FIRE PRoTECTIoN, SoIL CoNSERVATIoN oR oTHER DISTRICT oR INCLUSIoN IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA' 10 WATER RIGHTS OR CLAIMS TO WATER RIGHTS RIGHToFwAYFoRDITCHESoRCANALSCONSTRUCTEDBYTHEAUTHORITYoFTHE UNITED STATES ES IBSENVED IN UNITE; STATES PATENT RECORDED DECEMBER 08' 1916, IN BOOK 92 AT PAGE 299. TERMS, CoNDITIONS AND PRoVISIoNS, EASEMENTS AND RIGHTS oF wAY AS CoNTAINED IN INSTRUMENT RE.ORDED DECEMBER 15' Igg4IN BOOK 925 AT PAGE 713' oILANDGASLEASERECoRDEDJULYg,Igg0INBooKTS3.ATPAGEIT6,ANDANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN' oILANDGASLEASERECoRDEDJULY12,Igg0INBooK]9-3ATPAGE404,ANDANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN' 11 12. t4 t3 ALTA COMMITMENT Schedule B-2 (Exceptions)Our Order No. GW232388-2 Thepolicyorpoliciestobeissuedwillcontainexceptionstothefollowingunlessthesamearedisposed of to the satisfaction of the Company: l5 ANUNDIVIDEDoNE-HALFINTERESTINANDToALLoIL,GASANDoTHERMINERALSIN AND UPON THE PREMISES AS RESERVEDiN TUSTNUUENTS RECORDED JANUARY 19' 1994 IN BOOK 890 AT PAGE 230, AT PAGE 231 AND AT PAGE 232' EASEMENTSANDRIGHTSoFwAYFoRRoADs,STREETS,HIGHWAYS,DITCHES'CANALS, PIPELINES AND UTILITY LINES AS CONSTRUCTED AND IN PLACE' NoTE:UPONRECEIPToFASURVEY,MEETINGTHEALTAMINIMUMSTANDARDSFoR CONTENT AND ACCURACY, THE EXCE'TION SHOWN ABOVE WILL BE DELETED' PROVIDED HOWEVER, THAT LAND TITLE GUARANiE;COMPANY RESERVES THE RIGHT TO ADD ANY EXCEPTIoNSITDEEMSNECESSARYFoRMATTERSDISCLoSEDBYSAIDSURVEY. t6 O LACK OF ACCESS TO AND FROM PUBLIC ROAD' HIGHWAY' OR STREET ) LAND TITLE GUARANTEE COMPANY DISCLOSI.]RE STATEMENT Required bY C'R'S' l0-ll-122 A) The subject real property may be located in a special taxing district' B)ACertificateofTaxesDuelistingeachtaxingjurisdictionmaybeobtainedfromtheCounty Treasurer' s authorized agent' C)Theinformationregardingsp:"]uldistrictsandtheboundariesofsuchdistrictsmay be obtained r.o* ilr?s;uri of county commissioners, the county clerk and Recorder' or the County Assessor' Effective September r, rgg.,,cRS 30-10-406 requires that_all documents received for recording or filing in the clerk and recorder,s office shall contain u ,"p ;;;il "i.i rl*r on. in"i, uro a left, right and bottom margin of at lease one half of an inch. The clerk and recordel *uY .".tu:: ,o..:::td or file any document that does not conform, except that, the requirement fol tfe r"p **g1. snar n11-a11lf to documents using forms on which space is provided t", ,""oioi"g or filing information at the top margin of the document'