Loading...
HomeMy WebLinkAbout1.0 ApplicationJ. C.. Kilmer , SR/WA • Right -of -Way Agent April 18, 1979 Richard Flewelling Town Manager P.O. Box 6 Carbondale, CO 81623 APR 26; 1S73 i ii li i:) O UN7✓ T r.r • A J41LEY_.-..- VELASQ'UE7.... -.... _ FILE------------------ Re: Lions Ridge Estates - Preliminary Dear Mr. Flewelling, Mountain Be!! P.O. Box 2688 Grand Junction, Colorado 81501 Phone (303) 243-8011 We have reviewed the preliminary plat on Lions Ridge Estates and found that we will require Utility Easements as shown in red on the attached plat. May we suggest the following phraseology be used in the dedication of easements within said subdivision. "And hereby dedicate to the public all the streets, avenues and roads as shown on the accompanying plat, forever, and dedicate to the UTILITIES those portions of real property which are labeled as utility easements on the accompanying plat, as easements for the installation and maintenance of utilities and drainage facilities, including, but not limited to, elec- tric lines, gas lines, telephone lines; together with the right to trim interfering trees and brush; together with the perpetual right of ingress and egress for installation, maintenance and replacement of such lines; said easements and rights shall be utilized in a reasonable and prudent manner." We believe all prelimianry, as well as final plats, should show the dedi- cation or reference to the particular "Protective Covenants" which will run with the property. Also, all "Private Roads" should be dedicated to the utilities for the installation, maintenance and operation of gas, electric and telephone lines. No easements should be dedicated to the property owner, cities or counties exclusively; all easements should be dedicated to the utility companies. Lions Ridge Estates - Preliminary April 18, 1979 Page 2 We appreciate the opportunity of being able to review this plat. truly yours, // .C. Kilmer, SR/WA Right -of -Way Agent cc: Garfield County Commissioner Eldorado Engineering Company Bill McDaniel, Mountain Bell Nick Marquez, Mountain Bell Paul Patterson, Mountain Bell JCK/jlh Enclosure AGREEMENT THIS AGREEMENT made and entered into this l'&47/day ay of March, 1979 by and between ALAN A. STOREY, whose address is P.O. Box 2837, Aspen, Colorado 81611, hereinafter referred to as "Storey", and F. B. Dashner, whose address is Box 908, Durango, Colorado 81301, hereinafter referred to as "Dashner", WITNESSETH: WHEREAS, Storey is the owner of approximately 76 acres of real property situate in Garfield County, Colorado, which property Storey intends to subdivide and develop; and WHEREAS, Dashner is the owner of approximately 3 acres of real property in Garfield County located adjacent to and southerly of Storey's above referenced property; and WHEREAS, Storey desires to construct a road access to his above referenced property over and across a portion of Dashner's property, and to drill and construct a water well on Dashner's property for the purpose of supplying domestic water to property owned by Storey and others; and WHEREAS, Dashner desires the right to use the road easement over and across Storey's property for purposes of access to Dashner's property, and Dashner further desires the right to obtain one tap from the well to be drilled and constructed by Storey on Dashner's property. NOW, THEREFORE for and in consideration of the promises and agreements herein contained the parties hereto hereby agree as follows: 1. Property. Storey's property, as referred to in this Agreement, is situate in Garfield County, Colorado and is described in deed recorded as Reception No. 285655 of the records of the Clerk and Recorder of Garfield County, Colorado. Dashner's property, as referred to in this Agreement, is situate in Garfield County, Colorado and is described in deed • • recorded as Reception No. 226414 in Book 359 at Page 467 of said Garfield County records. 2. Domestic Water Well. Dashner hereby agrees to allow Storey to drill and construct a water well on Dashner's property at a point on said property to be determined by Storey's well driller and water engineer. Storey shall obtain all necessary well permits for such well and shall adjudicate the water rights therein and shall bear any and all costs and expenses in connection with such permit, adjudication and the drilling and installation of the well, pump and related equipment. It is understood and agreed that only said water well will be located on Dashner's property and that the pumping and storage facilities required in connection with Storey's water supply system shall not be located on Dashner's property. Dashner shall be entitled to one 1 inch water tap from Storey's water supply system for the supply of the domestic water needs of one single family dwelling on Dashner's property. In the event Storey elects not to utilize the well drilled upon Dashner's property, Dashner shall be entitled to use the well as drilled provided that the cost of developing such well after Storey's abandonment thereof shall be borne by Dashner. In the event Storey does not drill and use a well located on Dashner's property for the supply of water to Storey, Storey shall have no obligation to supply a water tap to Dashner as above provided. If Dashner is entitled to a water tap as above provided, Storey will provide such tap or "stub out" and Dashner shall bear the cost and expense of installing a water pipe line to the dwelling on Dashner's property. Dashner agrees that he will cooperate in Storey's effort to obtain a well permit on the Dashner property and to adjudicate the water rights therein, including the execution of any documents in connection therewith, but excluding the payment of any costs or expenses. Dashner further agrees to grant and convey and does hereby grant and convey to Storey an easement and right of way fifteen feet in -2- • • • width for a water line from said well as hereafter constructed, over and across Dashner's property to Storey's property. In the event Dashner taps onto and utilizes the water from the water system developed by Storey, Dashner shall share the costs of operation, maintenance, and replacement of such water system, pro -rata with all other users on said water system. It is hereby expressly understood and agreed that Stephen B. Messenger and. Jessie A. Messenger, owners of approximately twenty acres of real property situate easterly of Storey's property and described as the W1/2SW1/4SW1/4 Section 29, Township 7 South, Range 87 West of the Sixth P.M., in Garfield County, Colorado, shall be entitled to a maximum of two water taps from the subject well for the purpose of serving their said property. 3. Road Right -of -Way. The parties hereto understand and agree that Storey intends to construct, at his own cost and expense, an access road from County Road 100 over and across portions of Storey's property and over and across the northerly portion of Dashner's property for the purpose of providing access to Storey's property. Dashner agrees that he will grant, convey and dedicate a road right-of-way for access and utility purposes, which right-of-way is described on Exhibit "A" attached hereto and incorporated herein by this reference. It is further agreed that said easement and right of way shall be utilized for purposes of access to the Messenger property above described. In consideration of Dashner's conveyance and dedication of said road right-of-way, Storey agrees to grant and convey, and does hereby grant and convey to Dashner, a non-exclusive joint easement and right-ofway sixty feet in width, along and thirty (30) feet on either side of the centerline of the roadway as currently established and in place from County Road 100 to the -3- N • • northerly boundary of Dashner's property, which access is acceptable to the Garfield County Commissioners. Dashner further agrees that he will execute any and all documents in connection with said road right-of-way as necessary in connection with the subdivision and development of Storey's property and consistent with the terms of this agreement. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures the day and year first above written. Alan A. Storey //) i • STATE OF COLORADO ) ss. COUNTY OF G,. 6.7, The foregoing and attached Agreement was subscribed and ,/ Ma,'- A sworn to before me this 22- day of -February, 1979 by ALAN A. STOREY, Witness my hand and official seal. My commission expire8: T , /2_ jet' Notary Public STATE OF COLORADO ) ss. COUNTY OF Lo r/a., x ) The foregoing and attached Agreement was subscribed and A-tA C AL sworn to before me this/6 day of February, 1979 by F. D. DASHNER. Witness my hand and official seal. My commission expires: `/BZ•e%ne", /Y2 Notary Public w o > o cr N 0 0 z Q Q o � 0 March 12, 1979 Job No. 78414 LEGAL DESCRIPTION - Road Right -of -Way Across Dashner Property cn A road right-of-way situate in Section 31, Township 7 South, Range 0 87 West of the 6th Principal Meridian being more particularly des- cribed as follows: Beginning at a point on the North line of said Section 31 whence the Witness Corner to the North Quarter Corner of said Section 31 bears S 89° 55' 23" W 324.55 feet; thence S 56° 43' 00" E 97.28 feet; thence 263.03 feet along the arc of a 162.00 foot radius curve to the left which arc subtends a chord bearing N 76° 46' 08" E 235.08 feet to a point on the North line of said Section 31; thence S 89° 55' 23" W 78.91 feet along said North line of Section 31; thence 124.67 feet along the arc of a 102.00 foot radius non -tangent curve to the right which arc subtends a chord bearing S 88° 16' 03" W 117.05 feet; thence N 56° 43' 00" W 6.15 feet to a point on said North line of Section 31; thence S 89' 55' 23" W 109.11 feet along said Northline of Section 31 to the point of beginning, containing 0.340 acres more or less. REGISTERED ENGINEERS / CONSULTING COMPANY ELDORADO ENGINEERING EXHIBIT "A" 0) LO x 0 CO 0 ci AVENUE / • • • IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO CASE NO. 79 CW IN THE MATTER OF THE ) APPLICATION FOR WATER ) RIGHTS OF THE BASALT ) WATER CONSERVANCY ) DISTRICT ) IN THE FRYING PAN RIVER ) OR ITS TRIBUTARIES ) IN EAGLE COUNTY ) APPLICATION FOR ALTERNATE POINT OF DIVERSION OF WATER RIGHT COMES NOW the Basalt Water Conservancy District, by and through its attorneys, Delaney & Balcomb, and Holland & Hart, and respectfully requests that the Court enter a decree granting an alternate point of diversion for a maximum of 0.1 c.f.s. out of the following water rights: Basalt Conduit, conditionally decreed 450 c.f.s. for the generation of electricity, irrigation, domestic, municipal, stock watering, piscatorial, and industrial uses as a part of the Basalt Pro- ject, Priority No. 718, Project No. 511 with an appropriation date of July 29, 1957, in Civil Action No. 4613 in the District Court in and for the County of Garfield, State of Colorado on June 20, 1958. 1. Name of applicant: Basalt Water Conservancy District. Mailing address: c/o Scott M. Balcomb Delaney & Balcomb P. O. Drawer 790 Glenwood Springs, Colorado 81601 2. Name of ditch or other structure: Basalt Conduit. 3. Present point of diversion: The headgate and point of diversion is located on the left side of the Frying Pan River at the head of the outlet tube for the Ruedi Reservoir whence the SW corner of Section 7, T. 8 S., R.84 W. of the 6th P.M. bears No. 79°00' W. at a distance of 2017.1 feet. 4. Amount and priority of diversion: 450 c.f.s. conditional with appropriation priority number 718. 5. Proposed change (location or use, or amount and proposed plan for operation): Applicant seeks an alternate point of diversion for a maximum diversion rate of 0.1 c.f.s. of the conditionally decreed 450 c.f.s. to a well to be located in Section 31, T.7 S., R.87 W. of the 6th P.M., 250 feet from the north line of said section and 1900 feet from the east line of said section. • • 6. Court where origi::al decree entered: District Court in and for the County of Garfield, State of Colorado. Filing No.: Civil Action No. 4613. 7. Date of appropriation: July 29, 1957. 8. Date of decree: June 2), 1958. WHEREFORE, applicant prays this Court enter a decree granting it's application for an alternate point of diversion. DELANEY&'"BALCOMB i/bi By Basalt Water Conservancy District c/o Scott Balcomb P. O. Drawer 790 Glenwood Springs, CO 81601 STATE OF COLORADO ) COUNTY OF GARFIELD ) SS. Scott M. Balcomb (#1376) P. O. Drawer 790 Glenwood Springs, CO 81601 Telephone: 303/945-6546 HOLLAND & HART Arthur B. Ferguson,/3" . (#604 ) 434 E. Cooper Street Aspen, Colorado 81611 Telephone: 303/925-3476 ATTORNEYS FOR APPLICANT Scott M. Balcomb, as Secretary of the Basalt Water Conservancy District, being first duly sworn upon oath, deposes and says that he has read the foregoing motion, knows the contents thereof and that the same is true. 7C' / Scott M. Balcomb Subscribed and sworn to before me this Q7 day of , 1979. Fly Commiss tx ;res f arcy 14, 1981 My commission expires: Nota, Public that the annual installments and such other charges as are described hereinabove shall become a tax lien upon the lands described hereinabove and that. Petitioner is further bound by the provisions of C.R.S. 1973, 37-45-101 et seq. and such reasonable rules and regulations as may be adopted by the Board of Directors of the Basalt Water Conservancy District. Petitioner agrees further to cause the within agreement to be made in such fashion as shall be binding upon his heirs, successors and assigns as applicable. Miscellaneous Provisions: Petitioner agrees to provide his own physical source of supply of water and to install such facilities as will reasonably accomplish the physical delivery of water to the users situate on the properties above described contemplated hereunder. Petitioner further ack- knowledges that he shall be responsible for all construction, engineering and legal expenses incurred in obtaining said physical supply and in collecting, treating and distributing and delivering the water to the lands hereinabove described. Petitioner acknowledges that Petitioner is solely responsible for the expense of all ordinary and necessary maintenance, repair, treatment, distribution and delivery of the water rights to be served hereunder, subject, however, to the option of the Board of Directors of the Basalt Water Conservancy District to take over at any time within a term of 15 years of the date of this Petition said operation, maintenance, repair, treatment, distribution of said water rights all as may be necessary to serve the land described hereinabove. Petitioner further agrees to obtain judicial approval from the Water Court in and for Water Division 5, to use the decree for the Basalt Conduit, Priority No. 718, at a well or wells to be constructed by Petitioner herein and to pay all reasonable and incidential legal and engineering expenses in connection with obtaining judicial approval, including any reimbursement of actual costs expended by the Board of Directors of the Basalt Water Conservancy District that are related to Petitioners activities hereunder. Please take notice that the Board of Directors will approve or disapprove the within Petition at their public meeting to be held on March 22, 1979, at the hour of 7:30 P.M. at 818 Colorado Avenue, Glenwood Springs, Colorado. At that time and place, any interested party who wishes to object to the granting of this Petition may present in writing good cause why said Petition should not be granted by the Board. The failure to appear and show cause why said Petition should not be granted will be deemed an assent on the part of all inhabitants of the District to the granting of the Petition. • • NOTICE OF RECEIPT OF PETITION PURSUANT TO C.R.S. 1973, 37-45-125 Please take notice that the Board of Directors of the Basalt Water Conservancy District has received and accepted a Petition which is intended to obtain for the Petitioner the beneficial uses of waters of the District for all beneficial purposes including the irrigation of lands. The Petition is as follows: Name of Applicant: Al Storey Quantity of Water to be Used: 0.1 c.f.s. direct flow Description of lands upon which water will be used: Parcel A The W1SW4SW4 of Section 29, Township 7 South, Range 87 West of the 6th P.M. Parcel B A tract of land situated in Lots 1 and 2, Section 31, Township 7 South, Range 87 West of the 6th Principal Meridian, described as follows: Beginning at a point on the North Line of said Lot 2 at the intersection with the Northerly line of the Basin Ditch, said point being 324.35 feet East, more or less, of the Northwest corner of said Lot 2; thence along the Northerly line of said Basin Ditch as follows: S. 50°59' E. 105.80 feet; thence S. 36°26' E. 130.0 feet; thence S. 65°49' E. 245.26 feet; thence N. 75°12' E. 223.37 feet; thence S. 70°17' E. 76.38 feet; thence S. 50°18' E. 57.08 feet, more or less, to fence line on the East line of property; thence North along said fence line 278.92 feet, more or less, to a point on the North line of said Lot 1; thence S. 89°50' W. 714.93 feet, more or less, along the North line of said Lots 1 and 2 to the point of beginning. Price per acre foot to be paid: Applicant and his assignees agree to pay the sum of $15.00 per residential unit served with multipurpose Basalt Project water per annum; provided, that in the event the District obtains a contract for service out of Ruedi Reservoir from the United States, Bureau of Reclamation, or from such other storage facility as may be necessary to fully and adequately serve the needs of the users of the assignees of Petitioner, that Petitioner and his assignees agree to pay such an amount in addition to that heretofore described as will reasonably reflect the Basalt Water Conservancy District's actual cost of providing said water service to Petitioner and his assignees on a prorata basis. Matter of payment: The payments herein contemplated will be made annually in advance on or before January 1 of each calendar year beginning January 1, 1980; provided, however, that the methods of levy and assessment for delinquent charges may at the election if necessary of the Board of Directors be utilized all as is more fully described in C.R.S. 1973, 37-45- 125. Petitioner hereby has acknowledged and agreed • • PROTECTIVE COVENANTS FOR LION'S RIDGE ESTATES SUBDIVISION Alan A. Storey, being the fee owner of Lion's Ridge Estates Subdivision, (hereinafter referred to as the "Subdivision" situate in Garfield County, Colorado and described in the plat thereof recorded in the office of the Clerk and Recorder of Garfield County, Colorado on the day of , 1979, as Reception No. , hereby declares and establishes that said real property shall be subject to the covenants, condi- tions, restrictions and reservations as herein after provided, which shall be deemed to be appurtenant to and run with said real property and are made to establish the nature of the use and enjoyment of said real property for the benefit of said property and the owner or owners thereof. NOW, THEREFORE, in contemplation of the sale of lots within the Subdivision to the general public, the owners hereby declare that all of the above described real property and any portion thereof is held and shall be held, owned, conveyed, encumbered, leased, rented, used, occupied, or improved subject to the follow- ing limitations, covenants, agreements, restrictions, conditions, easements and charges (hereinafter collectively referred to as "covenants"), all of which are declared and agreed to be in furtherance of the plan for the Subdivision and the improvements and sale of lots therein and are declared, established and agreed upon for the purpose of enhancing the value, desirability and attractiveness of said property and every part thereof. All of the covenants shall run with the land and shall be binding on all parties having or acquiring any right, title, or interest in said lands or any part thereof and are as follows: ARTICLE I PURPOSE OF COVENANTS It is the intention of the fee owner of the Subdivision, expressed by the execution of this instrument, that lands within Subdivision, be developed and maintained as a highly desirable rural residential area. It is the purpose of these covenants that the present natural beauty, natural growth, and native setting and surrounding of Subdivision, always be protected insofar as is possible in connection with the uses and structures permitted by this instrument. • • ARTICLE II RESIDENTIAL PURPOSE 1. Definitions. The term "Residential Purpose" as used herein shall be construed and held to include the use of a residence as a home and principal dwelling place by the owner thereof. The term "Residence" as used herein shall be construed and held to include single family dwellings and to exclude apartment houses, condominiums, or any dwelling place containing more than one family unit. 2. Limitation. No lot within the subdivision shall be used for other than a single family residential purpose, provided that a barn or other out -building may be constructed in addition to the residence on any lot, subject always to approval by the Architectural Control Committee. ARTICLE III MEMBERSHIP IN HOMEOWNER'S ASSOCIATION Any and all owners of a fee simple title to any lot in the Subdivision (other than lands dedicated to public use) shall be a member of the Lion's Ridge Estates Homeowners Association, a Colorado non-profit corporation (hereinafter "Homeowners Associa- tion"), the Articles of Incorporation for which are recorded as Reception No. of the records of the Clerk and Recorder of Garfield County, Colorado. ARTICLE IV ARCHITECTURAL CONTROL COMMITTEE 1. Membership. The Architectural Control Committee shall consist of three or more members appointed by Mr. Alan Storey, which members shall be owners of lots in Subdivision. Upon Alan Storey's failure to make such appointments, the Board of Directors of the Homeowners Association shall make such appointments. Said Architectural Control Committee shall have and exercise all of the powers, duties and responsibilities set out in this instrument. 2. Approval by Architectural Control Committee. Before anyone shall commence the construction, remodeling, addition to, or alteration of any building, swimming pool, wall, fence, hedge, or other structure whatsoever, or any excavation or other site modification which will destroy or otherwise alter the natural vegetation on any lot, there shall be submitted to the declarant for transmittal to the Architectural Control Committee, two complete sets of the plans and specifications for said work and no such structure or improvement of any kind shall be erected, altered, placed or maintained nor any excavation or site modification commenced, upon any lot unless and until the final plans, elevations -2- • • and specifications therefor have received such written approval as herein provided. Such plans shall include plot plans showing the location on the lot or property of the wall, fence, hedge, or other such structure proposed to be constructed, placed, altered, or maintained, and elevation of same, together with the proposed color schemes for roofs, and exteriors thereof, indicating materials for same. Such plot plat shall also reflect the effect of any such proposed activity on the natural vegatation within the subdivision. The committee shall have the right to refuse to approve any such plans or specifications, which are not suitable or desirable in its opinion, for aesthetic or other reasons, and in so passing upon such plans and specifications, it shall have the right to take into consideration the suitability of the proposed building, structure or other improvement or any site modification and of the materials to be utilized therein, to the site upon which such activity is proposed, the harmony thereof with the surroundings and the effect of the building, structure or other modification as planned, on the view from any lot within the Subdivision. 3. Method of Approval. The Architectural Control Committee shall approve or disapprove, in writing, said plans and specifications within thirty days from the receipt thereof. One set of said plans and specifications with the approval or disapproval shall be retained by the committee. In the event no action is taken to approve or disapprove such plans and specifications within said thirty day period, the provision requiring approval of said plans and specifications shall be deemed to have been waived. 4. Completion of Structures and Improvements. Construction or installation of any structure or improvement shall proceed promptly and diligently after approval by the Committee. Unless the time is extended by the Committee in writing, failure to complete the structure within one (1) year after the date of approval shall constitute an automatic revocation of the approval and any partially completed or installed structure shall not then be thereafter permitted to remain on the property for a period longer than one (1) month after the Committee requests removal of the partially constructed or installed structure. 5. Right of Inspection. The Committee and its duly appointed agents or employees may enter upon any property at any reasonable time or place for inspection of any structure or improvement. 6. Architectural Control Committee Not Liable. The Archi- tectural Control Committee shall not be responsible to any person or entity in any manner whatsoever for any defect in any plans or specifications submitted nor as revised by said committee, or for any work done pursuant to the requested changes of said plans and specifications. -3- • • ARTICLE V GENERAL RESTRICTIONS ON USE 1. Zoning Regulations. No lands within the Subdivision, shall ever be occupied or used by or for any structure or purpose or in any manner which is contrary to the applicable zoning regulations of Garfield County, Colorado. 2. Minings, Drilling or Quarrying. No mining, drilling, quarrying, tunneling or excavating for any substance within the earth, including oil, gas, minerals, gravel, sand, rock and earth shall be permitted within the limits of the Subdivision. 3. Business, Commercial or Trade Uses. No lands within the Subdivision, shall ever be occupied or used for any commercial, business or trade purpose and nothing shall be done on any of said lands which is a nuisance or might become a nuisance to the owner or owners of said lands, excepting use of a portion of the lands for sale of lots by the Declarant shall be permitted. 4. Animals and Agriculture. Residents may keep dogs, cats or other animals which are bona fide household pets on lands the within Subdivision, so long as such pets are not kept for commer- cial purposes and do not make objectional noises or otherwise constitute a nuisance or inconvenience to any of the residents of the Subdivision. Any and all dogs within the Subdivision shall be maintained under their owners control at all times. No dog shall be permitted to run at large within the Subdivision. No cattle, sheep, goats, pigs, poultry or other livestock shall be kept or maintained on any lot. Horses may be kept on lots exceeding three acres in size only if such lots are approved and, in the case of any such approval the number of horses for any such approved lot shall not exceed two (2). No lands shall be used for agricultural purposes except for normal residential gardening of flowers, fruits and vegetables. 5. Signs. No advertising or signs of any character shall be erected, placed, permitted or maintained on any lot or structure within the Subdivision other than one "For Sale" or one "For Rent" sign approved by the Architectural Control Committee and a name plate and street number of the occupant. 6. Resubdivision. No lot described in the plat of the Subdivision, shall ever be resubdivided into smaller lots or tracts, nor conveyed or encumbered in any less than the full original dimensions as shown on said recorded plat. 7. Combining Lots. If two or more contiguous residential lot by means of a written document executed and acknowledged by the owner thereof, approved by the Architectural Control Committee, and recorded in the real property records of Garfield County, Colorado. -4- • 8. Service Yards and Trash. Each residence must maintain an enclosed service yard of sufficient size to conceal garbage cans, clothes lines, wood piles and storage piles from lots, roads and all common areas within or adjacent to Subdivision. No above ground oil, gasoline or water tanks shall be permitted on any lot except that a propane or L.P. gas storage tank may be permitted upon written approval of the Architectural Control Committee which may include requirements for placement of any such tank to minimize its visual impact within the subdivision. 9. Underground Utility Lines. All utility pipes and lines within the limits of Subdivision, must be buried underground and may not be carried on overhead poles nor above the surface of the ground. All such services must be buried underground from the point where said utilities take off from transformers and terminal points supplied by the developer. 10. Temporary Strictures. No temporary house, trailer, tent garage or outbilding shall be placed or erected upon any part of any lot in Subdivision provided, however, that during the actual construction of any improvement on any lot, necessary temporary buildings for the storage of materials may be erected and maintained by the person doing the construction. 11. Towers and Antennas. No towers or radio and television antennas shall be erected or permitted to remain on any residential lot within Subdivision, except that normal radio and television antennas attached to a dwelling house may project up to six feet above the highest point of the roof of the structure. 12. Garbage Disposal and Sanitary Systems. Each dwelling house containing a kitchen in Subdivision, shall be equipped with a garbage grinder or garbage disposal unit of a type approved by the Architectural Control Committee. No sewage disposal system, sanitary system, cesspool or septic tank shall be constructed or used on any lot unless fully approved as to design, capacity, location and construction by all proper public health agencies of the State of Colorado and the County of Garfield, and also by the Architectural Control Committee. 13. Set Back Restrictions. Every building, structure or other improvement, other than fences, terraces and steps, shall be set back at least 30 feet from the street lot line, 25 feet from the side lot lines and 30 feet from the rear lot line. Placement of any and all structures on lots within Subdivision must be approved by the Architectural Control Committee prior to the commencement of construction. -5- • 14. Walls and Fences. Walls, fences and coping shall be limited to six feet in height measured from the adjoining ground surface inside the wall or fence. Barbed wire fences shall not be permitted within the Subdivision. 15. Cleanliness and Unsightly Growth. Each lot shall at all times be kept in a clean, sightly and wholesome condition. No trash, litter, junk, boxes, containers, bottles, cans, imple- ments, machinery, unlicensed or inoperable automobiles and motor vehicles, lumber, or other building materials shall be permitted to remain exposed on any lot so as to be visable to any neighboring lot or road, except as is necessary during the period of construction ARTICLE VI EASEMENTS RESERVED Any provisions of these covenants to the contrary notwith- standing, easements and rights of way in perpetuity are hereby reserved for the erection, construction, maintenance and operation of wires, cables, pipe, irrigation ditches (in addition to any irrigation ditches which now exist in place), conduits and apparatus for the transmission of electrical current, telephone, television and radio lines and for the furnishing of water, gas, sewer service, or for the furnishing of other utility purposes together with the right of entry for the purpose of installing, maintaining and improving said utilities along, across, upon and through a strip of land eight feet in width along the front and side lot lines of all lots in Subdivision. All easements of record and areas designated "Green Belt Area" or "Common Area" on plats of Subdivision, as finally recorded, are hereby reserved for the common use of the owners of lots within Subdivision for recrea- tional purposes or such purposes as may be determined by the Lion's Ridge Estates Homeowners' Association. ARTICLE VII ENFORCEMENT 1. Judicial Relief. Any violation of the provisions, conditions, or restrictions contained herein shall warrant the declarant or any other lot owner to apply to any court of law or equity having jurisdiction thereof for an injunction or proper relief in order to enforce same in court, and, in its discretion, may award the plaintiff his court costs and reasonable attorneys fees. No delay on the part of the declarant or any other person in the exercising of any right, power, or remedy contained herein shall be construed as a waiver thereof or an acquiescence therein. Various rights and remedies of all persons hereunder shall be cumulative and the declarant or any other property owner may use any or all of said rights without in any way affecting the ability of the declarant or any other property owner to use or rely upon or enforce any other right. -6- • • 2. Additional Remedy. In addition to any other remedies otherwise available, the Board of Directors of the Homeowners Association, or its designated representatives, niay, upon viola- tion or breach of any covenant, restriction or condition contained in these Protective Covenants, enter upon any property where such violation or breach exists and may abate or remove the thing or condition causing the violation or breach or may otherwise cure the violation or breach. The costs incurred shall be billed to and paid by the owner or owners of said property. If the owner or owners of the property fail after demand to pay such costs, then they, together with reasonable attorney's fees and costs incurred in connection with such violation or breach, shall become a lien upon the property of such violating owner or owners for the amount due and not paid pursuant to the provisions of the Articles and By -Laws of the Homeowners Association as now in effect or hereafter adopted or amended. ARTICLE VIII GENERAL PROVISIONS 1. Amendment and Termination. The restrictions, covenants, and conditions in these Protective Covenants shall continue until June 1, 1989, and from year to year thereafter until amended or terminated by written instrument executed by the owners of seventy- five percent (75%) of the lots in the Subdivision and recorded with the Clerk and Recorder of Garfield County, Colorado. 2. Severability. Each of the covenants, restrictions and conditions contained in these restrictions shall be deemed independent and separate and the invalidation of any one shall not affect the validity and continuing effect of any other. 3. Benefit of All. The provisions contained herein are for the benefit of and shall be binding upon the declarant, his purchasers and the subsequent owners of each lot within the Subdivision, and the purchaser of any lot within the Subdivision shall, by acceptance of a deed to the same, be subject to each and all of the restrictions, conditions, covenants and agreements contained herein, including membership in the Homeowners' Associa- tion. 4. Variances. The Board of Directors of the Homeowners' Association shall have the right by resolution approved by at least seventy-five percent (75%) of the members thereof, to grant a reasonable variance or adjustment of these covenants in order to overcome practical difficulties and prevent unnecessary hard- ships arising by reason of the application of the restrictions contained herein. Such variances or adjustment shall not be granted if they are materially detrimental or injurious to other -7- • • property or improvements in the Subdivision, nor to defeat the general intent and purpose of these covenants. Signed this STATE OF COLORADO, ) ss. COUNTY OF GARFIELD ) day of , 1979. Alan A. Storey The foregoing instrument was acknowledged before me this day of March, 1979, by ALAN A. STOREY. Witness my hand and official seal. My commission expires: Notary Public • • ARTICLES OF INCORPORATION OF LION'S RIDGE ESTATES HOMEOWNERS ASSOCIATION We the undersigned natural persons, each being more than twenty-one years of age, acting as incorporators, hereby establish a non-profit corporation under and by virtue of the Colorado Non - Profit Corporation Act and adopt the following Articles Of Incorpora- tion: ARTICLE I The name of the corporation is LION'S RIDGE ESTATES HOMEOWNERS ASSOCIATION. ARTICLE II 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, and title to, certain roads and roadways, certain greenbelt and common areas, certain water and water rights, ditch and ditch rights, well and well rights, together with all pumps and distribution facilities, purification facilities, and equipment used in connection therewith, including, but not limited to, wells, reservoirs, storage tanks and other water distribution equipment, fixtures or rights necessary or pertinent thereto, and any other tangible personal property or real property necessary to properly carry out the purposes of supplying water for domestic and other beneficial uses to or for the benefit of its respective members on a cooperative basis. 2. To maintain and operate certain roads and roadways, greenbelt and common areas, and other open areas, water sources, wells, reservoirs, pipelines, and water distribution facilities, purification facilities, and equipment necessary and proper for the distribution of water; and to furnish and supply water to the • • members of the corporation for domestic or other beneficial purposes, as an appurtenance to real estate owned by each of the members, subject to such annual or special assessments or charges as may be required to defer the costs and expenses thereof. 3. To acquire any necessary water by appropriation, adjudica- tion or otherwise and to obtain adjudication of priority rights, change points of diversion for any such water rights, and to assess all members for necessary costs incurred therefor and for the acquisition of any and all capital irrprovements or additions, equipment or facilities necessary for the continued distribution of water to the members. 4. To adopt, administer and enforce Protective Covenants, including architectural control, for the architecture and appearance of a housing development for the benefit of its respective members on a cooperative basis. 5. To have and exercise, generally, all powers, and to do and perform all the acts, which are or may be necessary to carry out and effectuate the purposes for which the corporation is formed; such powers shall include, without limiting the general powers of the corporation, the power (butnot the obligation) to perform the following specific acts: (a) Pay taxes and assessments on all property held by the association for the general use of the members; (b) Maintain vacant, unimproved, and unkept lots; (c) Disburse funds collected for maintenance, taxes, or other proper charges levied against the property of the association; (d) Acquire or dispose of property in the interests of the association, either by purchase, sale or dedication to a public authority; (e) Borrow money for the proper conduct of the affairs of the association; (f) Establish, levy, and assess annual or special charges and assessments against the property in pursuance of the purposes of the corporation and establish approprL_ate collection procedures taerefore; -2- • • (g) To maintain roads, streets, common area, other open spaces until such maintenance is a:•;sumea by public authority or in lieu thereof. (h) To perform and provide other proper functions in the nature of community services, including, but without limitation, fire protection, and snow removal. (i) To exercise all those general powers conferred upon non-profit corporations under the laws of the State of Colorado. 6. The corporation is organized exclusively for purposes of furnishing various community services tc its members, holding title to mutually owned and used water systems, common areas and other open spaces, roadways and easements and to enforce Protective Covenants on a cooperative basis, whereby at least 85% of 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 501(c)(4) and (12) of the Internal Revenue Code of 1954, as amended. 7. The Board of Directors of the corporation shall be vested with the exclusive authority under which conveyance or encumbrance of all or any part of the corporate property may be made, and the President or the Vice -President, with the attestation of the Secretary, shall be authorized to execute the appropriate instruments of conveyance or encumbrance, upon resolution of the Board of Directors made and approval by an affirmative vote of a majority of the members. ARTICLE IV 1. No part of the income or net earnings of the corporation shall inure to the benefit 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 -3- • • Directors. 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 cf liabilities shall be paid over and transferred to one or more exempt organizations as are qualified for exemption from Federal income taxes under Section 501(c)(4) and (12) of the Internal Revenue Code, except that all roads, water rights 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 Articles Of Incorporation. The proceedings of dissolution shall be conducted in accordance with Article 26, Title 7 of the Colorado Revised Statutes, as amended. 3. Notwithstanding any other provision hereof, this corpo- ration shall not conduct or carry on any activities not permitted nor receive any income which is prohibited under the provisions of Section 501(c)(4) and (12) of the Internal Revenue Code of 1954, as amended. ARTICLE V 1. Members of the corporation shall be the owner, or owners, of lots, located in the Lion's Ridge Subdivision (hereinafter the "Subdivision") in Garfield County, Colorado, as shall be shown on the recorded plat of said subdivision in the office of the Clerk and Recorder of Garfield County, Colorado. -4- • • Membership in the corporation shall be automatic upon hi -coming the owner of a lot within the Subdivision and shall terminate without any formal action of the corporation whenever any person or entity ceases to own a lot, provided, however, such termination shall not relieve or release any such former owner from any liability or obligation incurred under or in any way connected with the corporation during the period of such ownership and membership in the corporation. 2. Membership in the corporation shall be based upon one membership certificate for each lot within the subdivision. The corporation shall issue membership certificates to members in accordance with the By -Laws herein promulgated pursuant to law. The established owner or owners of a lot in the Subdivision shall be entitled to receive one membership certificate in the Lion's Ridge Homeowners Association for such lot entitling each established owner to a proportionate share of the use of the roads and water and water systems, common areas and other property owned and controlled by the corporation. In the event of dissolution of the corporation, each such proportionate share in such property shall be vested in such established owner and distributed accordingly. 3. The owners of undivided interests in and to any one lot in the subdivision shall be required to designate one person to vote their membership interest in the corporation. Each member, or the person designated as the voting member in the event of undivided ownership of any lot, shall be entitled to vote, either in person or by proxy for each membership certificate registered in such member's name on the cooks of the corporation. In the election of directors, each such voting member shall have the right to vote the number of membership certificates held by such member for as many persons as there are directors to be elected. Cumulative voting shall not be allowed for any purpose. 4. At all meetings of the shareholders a majority of members entitled to vote at such meeting, represented in person or by proxy, shall constitute a quorum. -5- • • 5. Each membership certificate issued to a member shall constitute and be construed as a proportionate right, title and interest in and to all water rights and other assets owned by the corporation for purposes of assessments required to carry out the purpose of the corporation and in connection with liens pursuant to such assessments and the enforcement thereof. 6. All assessments made by the Board of Directors under authority of these Articles of Incorporation and the corporaticn By-laws shall be and become a lien against the respective membership certificate issued to members and against the respective subdivision lots to which the same are appurtenant upon the recording of a memorandum of any such assessment in the office of the Garfield County Clerk and Recorder, and such lien shall continue and remain in effect until such assessments have been paid. The manner of enforcing any such lien shall be set forth in the By -Laws of the corporation. ARTICLE VI The address of the initial registered office and principal office of the corporation is P.O. Box 2837, Aspen, Colorado. The name of its initial registered agent at such address is Alan A. Storey. The business and affairs of such corporation shall be conducted and carried on within the State of Colorado. ARTICLE VII The number of directors constituting the initial Board of Directors of the corporation shall be three and the names and addresses of the persons who are to serve as directors until the first annual meeting of shareholders or until their successors shall have been duly elected and qualified are as follows, to -wit: Name Alan A. Storey Ronald Liston Dan Kerst -6- Address P.O. Box 2837 Aspen, CO 81611 215 5th St. Glenwood Springs, CO 81601 P.O. Box 1040 Carbondale, CO 81623 • . ARTICLE IX The corporation shall be entitled to treat the "registered holder" of any membership certificates of the corporation as the owner thereof for all purposes, including all rights deriving from such membership and shall not be bound to recognize any equitable or other claim to, or interest iri such membership certificates or rights deriving from such membership certificates, on the part of any other person, unless and until such person has become the "registered holder" of such membership certificates, in the manner prescribed in the corpora -:e By-laws. ARTICLE X The Board of Directors shallestablish and maintain a "Covenant Enforcement Fund" which fund shall be maintained in an interest bearing account and shall be used for the purpose of paying costs and expenses, including legal expenses, incurred in connection with the enforcement of any and all protective covenants affecting the subdivision. Said fund shall be established through the contribution of the current owners of the subdivision of an amount equal to $200.00 per lot within the subdivision and shall be maintained in said amount by periodic assessment of the members, subject to an increase in the amount of said fund on January 1, 1981 and every two years thereafter, which increase shall be made on the basis of the percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers, Mountain Plains Region (Denver), All Items, published by the Bureau of Labor Statistics, U. S. Department of Labor. in the event the Consumer Price Index as above described shall cease to be released or shall no longer be available, another similar cost of living index generally recognized as authoritative may be substituted by the Board of Directors. The provisions of this Article X may be amembed only upon the vote of at least two-thirds of the members of the corporation approving a resolution of the Board of Directors setting forth the proposed amendment, which resolution shall direct that it be submitted to such vote at a meeting of the members of the corporation to be -7- f • held pursuant to written notice of such meeting and the proposed amendment. The provisions of this Article X shallnot be construed to limit the right and power of the corporation to collect any and all costs of enforcing the protective covenants from the member violating such covenant, as said right and power is provided in the By -Laws of the corporation and any amounts so collected and not directly paid for enforcement expenses shall be placed in the "Covenant Enforcement Fund." ARTICLE XI The Board of Directors shalladopt, and may amend from time to time, By-laws for the regulation and government of the corporation's business and affairs and the issuance and transfer of its membership certificates. IN WITNESS WHEREOF, the undersigned has subscribed his name to the Articles of Incorporation of Lion's Ridge Estate Homeowners Association, a corporation not for profit, on this day of March, A. D. 1979. STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) I, Alan A. Storey (Seal) , a notary public, hereby certify that Alan A. Storey, known to me to be the person whose name is subscribed to the foregoing Articles of Incorporation, appeared before me this day of March, A. D. 1979, in person and being by me firstduly sworn, acknowledged and declared that each signed such Articles of Incorporation as his free and voluntary act and deed, for the uses and purposes therein set forth, and that the statements therein contained are true. Witness my hand and official seal. My commission expires: Roaring Fork School District RE -1 P. O. Box 820 Glenwood Springs, Colorado 81601 Telephone (303) 945-6558 March 21, 1979 Mr. Ray Baldwin, Planning Director Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, Colorado 81601 NICHOLAS R. MASSARO, Superintendent DWIGHT L. HELM, Assistant Superintendent WALLACE M. PARKER, Assistant Superintendent, Business c- M4R GA,rlit1.1) `ti 11.41100 Y ' �R Subject: Preliminary Plat of Lion's Ridge Estates Dear Mr. Baldwin: The Board of Education of Roaring Fork School District RE -1 is recommending the donation of one acre of land for each fifty homesites or dollar value of said donation to be de- posited with the Garfield County Commissioners to be used by the school district for the purchase of future school sites. Fifteen sites would represent 15/50 of an acre or dollar value thereof. Also, the school district is very concerned about bus service into the subdivision, including length and curvature of the road and the expenses involved. The school district requests that the subdividers make provision for common pick-up point for bus students so that it would not be necessary to enter the subdivision. Sincerely yours, Nicholas R. Massaro /mlw ROBERT DELANEY KENNETH BALCOMB JOHN A.THULSON EDWARD MULHALL,JR. ROBERT C. CUTTER SCOTT M. BALCOMB DELANEY & BALCOMB ATTORNEYS AT LAW DRAWER 790 GLENWOOD .SPRINGS COLORADO 81601 March 21, 1979 Mr. Ray Baldwin Garfield County Planner 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Ray: MAR 22 1979 Li, rifyiER 818 COLORADO AVENUE TELEPHONE 945-6546 AREA CODE 303 We are in receipt of the material directed by yourself to appropriate review agencies relating to the Preliminary Plat of Lion's Ridge Estates. At the outset, the Basalt Water Conservancy District would like to express its appreciation for being requested to comment upon the water supply of proposed developments. Please be advised that our comments at present are intended to relate only to the reliability in a legal sense of the water supply for the proposed development. We think it reasonable that the developer himself retain an engineer to develop an adequate physical supply. This process seems to have worked well in our relationship with Eagle County in the past. Mr. Alan Storey is presently in the process of petitioning the Board of Directors of the Basalt Water Conservancy District for a water supply pursuant to the terms of C.R.S. 1973, 37-45-126. The Board is to act upon his petition Thursday night, March 22. We have received no notification of protest of the Board's proposed action. On this basis we presume that approval will be forthcoming. We firmly believe that the water supply which we plan to provide to Mr. Storey in a legal sense, pursuant to the petition process, will fully and adequately protect the lot purchasers from the eventuality of being called out of priority and their water supply curtailed at some future date. We, of course, are relying upon the Bureau of Reclamation to make releases from Ruedi Reservoir to supplement the Mr. Ray Baldwin March 21, 1979 Page 2 Basalt Project rights during times of shortage. We have the assurance of the Bureau that this type of contract with Ruedi will be forthcoming perhaps within the next calendar year. As a result, from the point of view of water supply, we recommend the County approve Mr. Storey's proposed Lion's Ridge Estates. Very truly yours, DELANEY AN9BALCOMB By SB:pc cc: Board of Directors/Basalt Water Conservancy District Arthur B. Ferguson, Jr. Scott Balcomb A 1111. Lincoln DeVore 1000 West Fillmore St. Colorado Springs, Colorado 80907 (303) 632-3593 Home Office • • Mr. Al Story c/o Ron Liston Land Design Partnership Village Plaza; Suite 208 Glenwood Springs, CO 81601 Re: March 23, 1979 File No. GS -880 Site Specific Geologic Hazard Study Lot 1, Lions Ridge Estates Subdivision Garfield County, Colorado Gentlemen: At your request, Lincoln-DeVore has completed a site specific study for the above referenced lot to determine the severity of the geologic hazards and make recommendations for appropriate engineering mitigations. Our first recommendation is to limit the building site to the lower portion of the fan surface on the west edge of the lot (see Figure 1). The surface gradients in this area are low enough to decrease the velocity of any debris flows which might cross the fan surface. The destructive potential of debris flow is dependent on the velocity at impact, and velocity is mostly dependent on gradient. A debris flow is a visco-plastic body which possesses both flow characteristics and plastic strength. As a consequence of its shear strength, it is capable of transporting large, heavy boulders; this capability represents this greater part of the hazard posed to structures and lives by the flow. Analysis of the velocity -slope data reported by Mears (1977, p. 22-25) indicates that the velocity of a debris flow will decrease to zero as the slope of the ground over which the flow moves declines to about 8% to 9%. Gradients on the surface of Lot 1 range from 28% to 14%, which corresponds to the gradients on the fans in Glenwood Springs which had debris flows in July, 1977. Although the bedrock lithology, slope aspect and topography are different between the two areas, debris flow dynamics are assumed to be somewhat similar due to the lack of specific information in the geologic literature. Velocities calculated from eyewitness reports on the Glenwood Springs flows ranged from 24.4 feet per second to 13.1 feet per second, over gradients which roughly correspond to those encountered on Lot 1. impact pressures can be calculated by the use of the formula: (Mears, 1976 p. 64). 2700 Highway 50 West Pueblo, Colo 81003 (303) 546-1150 P.O. Box 1427 Glenwood Springs, Colo 81601 (303) 945-6020 P = 1/2 (' /g) U 109 Rosemont Plaza Montrose, Colo 81401 (303) 249-7838 2 P O Box 1882 Grand Junction, Colo 81501 (303) 242 8968 P.O. Box 1643 Rock Springs, Wyo 82901 (307) 382-2649 Mr. Al Story Lions Ridge Estates Subdivision March 23, 1979 Page -2- Where P is the impact pressure (pounds per square foot), 6 is the density of the moving flow (pounds per cubic foot), g is the acceleration of gravity (32.2 feet per squared second), and U is the velocity of the flow (feet per second). Using a safety factor of 2, a maximum velocity of 24.4 feet per second (for upper slopes on Lot 1), and a minimum velocity of 13.1 feet per second (for the slopes in the vicinity of the building site), and a flow density of 125 pounds per cubic foot (taken from Glenwood data); it can be seen that impact pressures will range from about 2300 pounds per square foot on the upper slopes to about 660 pounds per square foot in the vicinity of the building site. The higher value should be used for the design of diversion structures placed on the upper slopes, while the lower figure should be used for the design of any structure placed on the lower slopes of Lot 1. Other mitigation techniques will attempt to divert flows or keep them con- fined to existing channels. An "L" shaped earthen berm constructed above the building would act to divert any flows which should occur, away from the building. A series of small earth berms could also be constructed along the existing gullies to try to prevent flows from crossing the old fan surface. Cleaning of old debris from existing channels will also help to confine future flows. Deep cut road crossings will help keep flows confined in channels, however, expenditures for periodic cleanup and repair must also be assumed. Construction of diversion berms, cleaning of channels and use of deep cut crossings should prevent the majority of future debris flows from causing damage to buildings; however, these precautions cannot guarantee that all flows will be diverted and not impact against the building. We would recom- mend, therefore, the use of heavily reinforced concrete on uphill walls from 4 to 6 feet above ground surface and the walls should not have low windows or other openings on the uphill side. It is believed that this letter has covered the pertinent information required for defining hazards on this site. If questions arise or if further information is required, please feel free to contact the Laboratory. Respectfully submitted, LINCOLN-DeVORE TESTING LABORATORY, INC. By: ktew-14 Michael T. Weaver Professional Geologist State of C lorado MTW/vfb • • REFERENCES Mears, A.I. 1976, Guidelines and Methods for Detailed Snow Avalanche Hazard Investigations in Colcrado. Colo. Geologic Survey Bull. 38 131 p. Mears, A.I. 1977, Debris -Flow Hazard Analysis and Mitigation - An example from Glenwood Springs, Colorado. Colo. Geological Survey Inf. Series 8 51 p. FIGetQE 1 DEORI5 Flow MiriGATroN SKETCH Lor L IONS RIDS15 ESTATES LINCOLN DeVORE ENGINEERS• GEOLOGISTS COLORADO: COLORADO SPRINGS, PUEBLO, GLENWOOD SPRINGS, GRAND JUNCTION , MONTROSE , WYOMING: ROCK SPRINGS rn 1/ FOREST SERVICE COLORADO STATE UNIVERSITY COIAADO STATE FOREST SERVICE Garfield County Planning Dent. 2014 Blake Avenue Glenwood Springs, Colorado 81601 Attn: Ray Baldwin RE: Lions Ridge Estates Dear Mr. Baldwin, Petroleum Building 1129 Colorado Avenue, Rooms 217 & 214/'1P/k Grand Junction, Colorado 81501 `LiCU. Telephone 303 / 242-7518 APR April 3, 1979 Judging from aerial photos of this area, the vegetation is sparce constitute a wildfire hazard. The fire hydrant system exceeds our type of system should be encouraged. Thank you for the opportunity to review this subdivision. Sincerely, ,� John Denison District Forester 41979 enough not to guidelines; this STATE OF COLORADO • . Richard D. Lamm, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE Jack R. Grleb, Director 6060 Broadway Denver, Colorado 80216 (826-1192) 2 April 1979 Mr. Ray Baldwin, Planning Director Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, Colorado 81601 Dear Sir: Thank you for providing the Division of Wildlife with the opportunity to review the preliminary plat for the proposed Lion's Ridge Estates subdivision. I have done an on site inspection of the land involved and would like to give -you the following thoughts. The area is part of what is considered to be critical winter range for the mule deer herd that occupies the land between the Roaring Fork River and the Red Table Mountains. This last steep, south - facing slope above the river bottomlands is the area the deer are forced into by deep winter snows. The effect on home -owners in the subdivision will be heavy utilization of anything they may plant as landscaping or lawn. The property in question is a rather steep slope covered with Pinyon and Juniper trees and.a sparse ground cover of cactus, grass, and a few shrubs. A few areas, mostly the northwest portion,that have slopes of less than 30%, are covered with sagebrush and grass. Because of the steepness of the terrain and lack of ground cover, it should be suggested to the developer that no grazing animals be allow- ed in the subdivision. Because of the presence of deer for four to five months of the year, if dogs are allowed in the subdivision, the owners should be required to have fenced runs and use them whenever they cannot or will not personally supervise their pet. There are other very good social and sanitary reasons for maintaining dogs in fenced runs. The steep slope along the south edge of the property and the three major gullies opening into it might be considered as common open space rather than being included in individual lots. These areas have slopes of around 35% and strong erosion potential as well as being the part of this parcel that will be most utilized by mule deer during the winter months. Making this a common area would prevent inappropriate individual uses that might spoil the esthetics of the subdivision as seen from Highway 82 as well as prevent fenc- ing that would interfere with deer movements. Respectfull submitted, HOLY CROSS tLECTRIC ASS 1301 GRAND AVENUE P. O. DRAWER 250 GLENWOOD SPRINGS, COLORADO 81601 March 30, 1979 Ray Baldwin Garfield County Planning Director 2014 Blake Avenue Glenwood Springs, CO 81601 7g4 RE: Lion's Ridge Estates ATION, INC. Api? AREA CODE 303 , r • 945 - 5491 Dear Mr. Baldwin: The above mentioned development is within the certificated service area of Holy Cross Electric Association, Inc. Holy Cross will require a ten (10) foot easement on each side of the Lion's Ridge road easement, in addition to providing a utility ease- ment across Lot 14 to bring electrical service to Lot 1. Holy Cross Electric will alter, enlarge, and/or extend the existing distribution lines to the required locations, subject to its Line Extension Policy on file with the Public Utilities Commission of the State of Colorado. Please contact me if you have any further questions. Sincerely, HOLY CROSS ELECTRIC A Jeffre . Franke Engineering Technician JAF:lsz cc:Job#79-7836:66-30 Lion's Ridge - 6056 ROBERT DELANEY KENNETH BALCOMB JOHN A.THULSON EDWARD MULHALL,JR. ROBERT C. CUTTER SCOTT M. BALCOMB • • DELANEY & BALCOMB ATTORNEYS AT LAW DRAWER 790 GLENWOOD SPRINGS, COLORADO 81601 March 28, 1979 Mr. Arthur B. Ferguson Jr. Holland & Hart 434 E. Cooper Street Aspen, CO 81611 Re: Al Storey Dear Boots: 818 COLORADO AVENUE TELEPHONE 945-6546 AREA CODE 303 At its meeting on March 22, 1979, pursuant to public notice the Board of Directors of the Basalt Water Conservancy District held a public hearing relating to the proposed petition for water service from your client Al Storey. The Board unanimously approved the petition after determining that there was no public opposition to the proposed course of action. The Board did, however, make one qualification upon their approval Mr. Storey is to recompensate the Board its legal, engineering, and other expenses which are directly related to the benefit it intends to confer upon Mr. Storey. If you wish, I can advise you of the expenses incurred today as well as give you an approximation concerning additional expenses. Prior to proceeding further I would like to determine if this condition is agreeable with Mr. Storey. I think you and I had discussed it, although I am not sure whether it finally appeared in the petition or not. Please advise. SB/vg Very truly yours, DELANEY & B COMB By t/'- t Scott Balcomb cc: Ronald Liston Board of Directors Basalt Water Conservancy District RICHARD D. LAMM GOVERNOR JOHN W. ROLD Director COLORADO GEOLOGICAL SURVEY ` 4i DEPARTMENT OF NATURAL RESOURCES n>1;? � 715 STATE CENTENNIAL BUILDING — 1313 SHERMAN STREET f �U / /9 / DENVER, COLORADO 80203 PHONE (303) 839-2611 GU ' ! April 6, 1979 Mr. Ray Baldwin Planning Director Garfield County Planning Department 2041 Blake Avenue Glenwood Springs, CO 81601 Dear Mr. Baldwin: RE: LION'S RIDGE ESTATES A review of this proposed development indicates that the geologic hazards in this area are not minimal but could be severe. There seems to be enough constraints for lots 11, 12, 13, 14 and 15 that these may not be suitable for development. As these lots make up one-third of the development, we cannot recommend approval at this time. We do recommend that a review of these lots be made as to available building sites that will not require extensive mitigation and also to outline building envelopes on the remaining ten lots. LRL/vt cc: Land Use Commission Sincerely, L. R. Ladwig Engineering Geologist GEOLOGY STORY OF THE PAST . . . KEY TO THE FUTURE rriICHARD D. LAMM Governor DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street - Room 818 Denver, Colorado 80203 Administration (303) 839-3581 Ground Water (303) 839-3587 April 6, 1979 Mr. Ray Baldwin, Planning Director Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Mr. Baldwin: C.J. KUIPER State Engineer Re: Lion's Ridge Estates This is to acknowledge receipt of preliminary plan material for the above referenced subdivision. The developer plans to serve the 15 proposed units from a central well which will be an alternate point of diversion for 0.1 cfs (50 gpm) of water owned or controlled by the Basalt Water Conservancy District. The developer has petitioned the District for the use of this water and the petition has been conditionally accepted by the District's Board of Directors. However, the petition does not include the land for Lion's Ridge Estates in the description of lands upon which the water is to be used. The District has petitioned the water court for a change in point of diversion for the 0.1 cfs required by the developer (Case No. 79CW36). While we foresee no problems changing the point of diversion, we must again point out that the new diversion is to be a well not located on the Lion's Ridge Estates property. Also, it appears that the development may only be a portion of a considerably larger planned development for which the proposed well will also be utilized. Due to the uncertain nature of this proposal, we cannot recommend approval of Lion's Ridge Estates at this time. We would be most happy to reconsider this proposal when information is submitted which clarifies the details of this proposal. JAD/GDV/pjl cc: Lee Enewold, Div. Eng. Ralph Stallman Land Use Commission Very truly yours, 0..ItAkAA:16-Zo— . Jeris A. Danielson puty State Engineer Mount S -is Soil Conservation District IIIIIIIIV P.O. BOX 1302 GLENWOOD SPRINGS, COLORADO 81601 / April 4, 1979 �'4p, cq��;�.... .1„? 1i/9 d To: Garfield County Planning Office �(,' From: Mount Sopris Soil Conservation District Subject: Lions Ridge Subdivision (Al Story Subdivision) The Lions Ridge (Al Story) Subdivision plan review conducted by Lincoln Devore covered most of the pertinent points. We agree that all drainage pipes and structures should be designed to carry the flow of a 100 year flood in this area. We have attached some soils maps and descriptions for this site. Although the classification symbols and names are different than those used in the Lincoln Devore review, their findings are campatible with ours. These descriptions may be of some help in engineering and designing. In particular, constraints on sewage disposal should be noted. An important subject that was overlooked is that of revegetation and erosion control. Areas that will be temporarily disturbed should be covered with mulch, an agronomy blanket, or seeded with an annual grass. All road cuts, steep embankments, and drainageways should be shaped to at least 2:1 and preferably 3:1 slopes for revegetation purposes. Indian Rice Grass and Crested Wheatgrass are the recommended species for these droughty steep slopes. If any assistance is needed on specific erosion or revegetation problems, please feel free to contact the Mount Sopris Soil Conservation District. The Mount Sopris Board would like to urge the Lions Ridge Subdivision to meet the right of way requirements for the Basin Ditch. Sincerely, Richard Cerise Secretary RC/te Attach. CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT Map Unit No. "I:;, 71i) • • SOIL CHARACTERISTICS Depth to Bedrock deep Texture Surface lona, silt lorjm Subsoil loam, silty clay loam Substratum loam, silt loam Unified/AASI}O Classification: !q., CL, CL -11L, CH; A-4, A-6, A-7 Permeability (below 2 feet) : mude rately slow to moderate Percent Coarse Fragments (gravel, cobble, stone) . 0 to 5 percent Soil Reaction (pH) 7.4 - 8.4 Shrink -Swell Potential moderate Potential Frost Action (surface) mo'dera t' Flood Hazard none Hydrologic Group R Corrosivity - Steel .• high - Concrete : low DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields M - permeability rate Sewage Ttagoons M to 7% - seepage; S over 7% - seepage, steep slopes Sanitary Landfill - Trench M - seepage - Area : 0 Shallow Excavations : 0 Dwellings w/basements : 0 w/o basements : M - law strenl;th Local Roads and Streets M - low strength SUITABILITY AS A SOURCE OF.... Daily Cover for Landfill Fair - hard to pack, seepage Topsoil rood Sand Unsuited Gravel unsuited Roadfill : Poor - low strength, frost action OTHER SOIL FEATURES "ADVANCE COPY SUBJECT TO CHANGE" NOT TO RE USED IN PLACE OF ON-SITE INVEST1(;ATION. 71C C.t' r„4: loam, 1 to 6 percent slopes This is a deep, w311 dra i no d so i 1 On upland mesas, benches, itnd valley sid lope:; at elovati ns of 5000 to '1500 feet. It formed in loess -influenced r alluvium from mixed minorology l,urrent materials. The average annr:al precipi- tation is about 14 inches, mean annual air tern ierature is aboat 4l.°H'., and the pv,>raPe frost -free period is about 115 days, Included in this unit are small ar :as of 70 and 4h soils, all having slop 's of 1 to 6 percent. Typically the surface layer is dark. 1-•rewn loam abo ,t l3 c} thi cl~. The subsoil is reddish -brown silty cla- loam about 17 inches think. The substratum is reddish -brawn silt loam or si. it,' cln', loarr tot ext. 01.1 is below 40 1 chez. In some areas, .gravel and cobble underlie the soi.1 material at • dept, s between 40 and 60 inches. Permeability is moderate. T?ffective rooting; doptb is 30 to 40 inches. Available water cap, city is 0.16 to 0.20 in. /in. Surface runoff slight and erosion hazard is moderato. This soil is used fur cror4land and hay!and. Alfalfa,, grass fly, potatoes, arid Farley are grown on this soil. Irrigation water should be c: ••lfully managed to avoid excessive soil loss. Such loss will occur bec,,u of' the high silt content in the so 1. Low soil strength and susceptibility to piping aro factors that must be r,•n! s.idored before urban :levelopment, takes pla •o. T'As soil h+,s wide apriru I+,ural uso. Land ranability Unit: 3T irrigated 41 non -irrigated Range r to: Loam; Foothills • 74F-Carrna4,4silt loam, 25 to 65 percent slopes This moderately deep,, well drained steep soil is on crests and shoul- ders of ridges and mesas at elevations between 6,400 and 7,400 feet. It formed in gypsiferous shales and sandstones. The average annual precipitation is about 14 inches, the average annual air temperature is about 44 degrees F., and the average frost -free season is between '90 and 105 days. Typically the surface layer is a grayish brown light silt loam about 7 inches thick. ,The underlying material is a light brownish gray loam, light 'loameand silt loam to a depth of 24 inches where it grades into weathered gypsiferous evaporite. Depth to soft bedrock ranges between 20 and 40 inches but is generally less than 30 inches. The soil is highly calcareous throughout and has some crystalline gypsum as well as dissolved gypsum. The surface layer is a silt loam,loameor fine sandy loam. It is brown, light brownish gray, or pale brown. The underlying layer ranges from a - SsK.1y los..- light silt loam through loamy and in places is channery. Rock frag- ments may be gypsum but may also include shale or sandstone fragments. Soil color in this layer ranges from very pale brown to light brownish gray and through pale brown to lightyellowish brown. About 30 per- cent of this unit consist.: ot.= othF r soils and land type. Small • • 74F-t;rmid4silt loam inclusions of Brownsto and Yamac soils generally occupy less steeply sloping areas. Also included are small areas of a similar soil which is shallow to bedrock and of small areas of bare gypsum or shale bed- rock. The rock exposures are mostly on steeper portions of the unit. This soil is moderately permeable. Effective rooting depth is 20 to 30 inches. Available water capacity is very low. Organic matter content of the surface is low. Surface runoff is rapid and erosion hazard is severe. This soil is used as wildlife habitat and for limited livestock grazing. potential native vegetation includes Indian ricegrass and winter - fat. Low rabbitbrush, wild buckwheat and scattered junipers also grow on this soil. When the range condition deteriorates, forbs and woody shrubs increase at the expense of the winterfat. Because of the steep slopes, brush removal and seeding is not practical. Because of the isolated nature of this soil on tops of ridges and mesas, and the porosity of the material, water development for even distribution of livestock grazing is generally impractical. ,Wildlife using this so.i.1• include mule deer, coyote, squirrel, rabbit, and grouse. • 74F-C,g,rnsbdsilt loam This soil has severe limitations for sanitary facilities and all engineering uses. It is a poor or unsuitable source of material. Slope severely limits suitability for most uses. Low strength reduces suitability for some uses. Piping hazard severely limits suitability as a building site or for sanitary uses. Good design can partially overcome some of these limitations. Capability Subclass VIIe Range, Site - Loamy Breaks • • COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER, COLORADO 80220 PHONE 320-8333 Anthony Robbins, M.D., M.P.A. Executive Director DATE: SUBJECT: TO: April 9, 1979 NON -STATE ASSISTANCE SPR 1 1 1�� 9 REVIEW AND COMMENTS ;� Mr. Ray Baldwin Planning Director, Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 PROJECT TITLE: STATE IDENTIFIER: COMMENTS DUE BY: Yes X Yesi Yes Yes Li Comments: No U No (E No J No LXl SOC -3, Feb 77 Lion's Ridge Estates NA April 9, 1979 Is this project consistent with the goals and objectives of this agency? Is there evidence of overlapping of duplica- tion with other agencies? Is meeting desired with applicant? A 15 -day extension is requested. 11 Name, Title & Phone Micki Barnes, Program Administrator ATTACHMENT B 1 Lincoln DeVore 1000 West Fillmore St. Colorado Springs, Colorado 80907 (303) 632-3593 Home Office lic. Al storey a/ti Mon Liston Lind Design Partnership Village Plaza. ;quite 286 G snwocd Springs. CO 81601 Naveaber 30, 1978 Rea GENLRAL & LaiGI RLgAlN,: GBOLOGY & SOIL AL STOREY SUBDIVISION cARBOND LE. COLORADO Gent lrtEan Transmitted herewith is a report concerning the general and engil:ering geology and soils of the proposed Al storey Subdivision located in Carb adale, Colorado. This report has leen prepared in accordance witt, the provisions of Colorado Senate Bill 35 (30-28-133 C.A.S. 1973 as amended) and the Garfield County ubdivisioa Aogulationo. Respectfully svbeittede LINCOLN-D4VO#B T T LABORATORY ,14 ael T. Weaver Bngineering Geologist 4 Revi(id by R. Lamm Profeir ►al Mist MTW $ RL$%}unp LDTL Job No. 05- 480, 24558 2700 Highway 50 West Pueblo, Colo 81003 (303) 546-1150 P.O. Box 1427 Glenwood Springs, Colo 81601 (303) 945-6020 109 Rosemont Plaza Montrose, Colo 81401 (303) 249-7838 by ©forgo P.O. Box 1882 Grand Junction, Colo 81501 (303) 242-8968 ris, P. E. P.O. Box 1643 Rock Springs, Wyo 82901 (307) 382-2649 The contents of thia report are a eeeeils and geelo+gic inveeertigation for the proposed Al storey sub- divieeionlcoated east of Carbondale, Colorado. The Labor-- tosy has not, at this time, seen a set of construction drawings for any of the structures to be constructed in this subdivision. After consideration cif the inves- tigation and testing program described herein, it is out recomr► meendation that shallow foundation systems, consisting of contin- ucus footings beneath bearing wells and isolated spread footings ate columns and other paints of concentrated load, be used to carry the weight of the ;i.roposed structures. The bearing capacititla►s mosso noted to be somewhat variable acmes the sub-- diviaLon and it is recommended that precise bearing capacity values for each individual building lot be established at the time the foundation excavation is mads. however, for purposes of preliminary design, a maxims moble bearing capacity of 2000 +af may be used as a site average. A minimum deadtoad pressuxee of 600 pet should be maintained at all times. The bot- toms 01 foundations should be placed a ainimua► of 3 feet below finished grade, os as dictated by local building codes, for frost protection. 002 it is recommended that the proposed e wail bola ed and heavily reinforced. Contact oath eater or load bearing walls should be balanced 400 pef around the entire struotute. isolated interior nget should be designed for cwt pressures of about 15 i pat more than the average of these seM,looted fox the exterior -1- walls. criteria for balancing will be d+spelende nt upon the nature of the strvaturs. All stem walls should be designed as grade bees capable of spanning at least 12 feet. Adequate drainage mast be prc,- videed at all times. Mater ah acid never be allowed to pond above the soils are sensitive to the the foundation watszi*ls. entry of water, drainage recommendations are considered important. Floor slabs should be fres to act udepandsntiy of structural members of the bui .ding. 61abs should contain deep construction or contraction joints to facilitate even breakage. This will keep to a minimum any unsightly cracking which could be caused by diifstentiel movement. Mose detail recommendations can be found within the body of this report. Ali recommendations mace subjeeet to the limitations set forth trein,. have cep Pets a ruse]. of Lean-DeVOra ysstigativn of the proposed Al Storey Subdivision locatead approximately 3 miles east of Carbondale, Colorado, and a quarter wile north of the Catherine Store. This parcel consists of seventy (70) acres in the southeast quarter of Section 30, Township 7 South, Range 87 West of the bth Primal. pal Meriden, Garfield County, Colorado. It is proposed to develop residential lots with an average fifteen (15) single --fa 1 sire at 2 tp 3 acres. A central water system is proposed individual septic disposal. The site lies on a south facing slope and an old alluvial terrace, which has become buried by debris flows and alluvial -colluvial elopewaah from the slopes to the north. Elevations range from 6300 to nearly 70€ 0 feet above sea -level. Slopes range from abort 7% on the terrace level to apprtacimately 60% on the upper slopes. Vegetation varies from pinyon -pine and cedar on the steeper elopes to sage brush and mountain grasses on the flatter terrain. The site is extensively dissected by many intermittent stream gullies. Runoff appears to be rapid with very little infiltration on the eastern half of the rite, but with almost total infilt- ration an the western halt. reviot;s land use was agri- cultural but the land does not appear to have beim worked for many years. ennsyly leo►v s. This The entire site is underlain 7oua*tion (see plate 1) of ation is exposed throughout the eastern portion of the site and on the upper slopes of the s torn part. The Eagle Valley Evaporite is s. tea osG of aaaa siv s grey, white and yellow gypsum, interbedded with fine graiaa► sd, buff to tan, seas 3sstonee sarsd dark grey shales. :several types of ditto tion have affected the Eagle Valley t►vapoxite and have caused a chaotic internal structure. The typical contorted structure in gypsum outcrops is attributed to expstr sion and internal premature due. to the hydration or anhydrite, found at depth, to 9ypaun, occurring- near the surface and f ls;rw- j e toward tkxe valley caused by the weight of overburden on isle valley sides Otiallory 19b6). Mormally, a soft, easily weathered, soluble rock such as the i e + 1e Valley gvapoarite in a relatively moist environment would be concealed by talus and colluvium :and g exposures would be rare. The pies epee of bold gnarly nassss exposed in the alluvial valleys, such as on. the site, however, seem to indicate that upwe3liir g end expansion are still pxeceeding ata rate equsal to or locally exceeding solution and erosion. This upwelling and expansion is known as a alt te:ctonisw. f+ 4ocond tact that supporta the theory of seat tecitoni.su ii that old river terrace*. (Qt2) which would normally dip slightly toward the rivers valley, do in fact, dip away from the valley, as can be seen in a recent road cut in the southwest corner of the site. The creation of the present day topogx phy of this site actually began with the extrusion of large extensive basalt flows VW during T rtiary time. These flows filled the lowlands and valleys at that time, but the surrounding area has since been erected, 'caving these more resistant to basalt glows as the upland mesa known as lipring Park and Missouri Heights. These basalt flows do not outcrop on the site, but do cap the Eagle Valley Evaporite Formation to th north and have a tremendous ,Ifect on the foite. Alluvial action by the Roaring Fork River truncated the beds of the Eagle Valley livaporite and deposited a considerable thickness of well-rounded sands and gravels (Qt1. 2) over the Eagle Valley livaporit. in the southwest corner of the site. This alluvial action also exposed and over steepened the elopes of the Lalis Valley Evaporiee, creating very unstable slope conditions aneadin to the development of extensive debris flows (Qeft.) which cover both the terrace gravell, and the exposed bedrock. These debris flows are most intense in the eastern part of the site where more basaltic material of &wester size is scrollable. The flaws become finer -grained toward the western part of the it and are classified as Q. Debris flow activity subsided to some extent as the climate became drier and eventually alluvial and colluvial processes covered much of the debris flows with fine-grained silty clays (Qac). erosion started replacing deposition u the major process on the site and gullies begendissecting the old debris flows ax d terraces. .i16 exsalon in one place leads to deposition in anether, small oebris fans (04) develope4 at the mouths of the in eullies. Thu major geologic hazards associated with this aite are debris flows, rockfalls, and unstable slopes. The debria flew hazard ha* ben divided into two categories; the minor haaard area (df) which has the poten- tial for small scale flows of fine-grained material, and the moderate to severe haFard areas where large destructive flows axe possible. Debria tlows occur in semi -aid climates where tke. major precipitation is from short duration, very intense thunderstorms. The sodden, violent precipitation sweeps large quantitiee: of loose soil. coca and other waterial down hillsides and into gullies. Debris flowe can move across fan surface in almost any direction, reeardleas of whether a previous channel exista. becauthe flowu tend to build their Qwn chamwla at levee material ia depoaited at the lateral bouadariea of the flows. aateral areau ou the sloes of the flows confine the moving aad are hoaxed from it aa the flow passes. leaving, diatinctive laterel levees. kurthezmore. a previous flow surge can stop within an existiag channel and deflect a succeeding surge to a new direction. As a result. the potential hazard roft beulder..laden flows several feet hi b may be spread randomly over the entire debris fan aortae*. This mode: of transport is important to consider it structural pro- tection from flows is plannea because rock impact several feet above ground. level could occur against a structure. In the minor debris flow area (Oa), there is .vidsne. ot r.cent aLU flow* but they do not appear to roach the building sites. However, floodwaters and mud associated with such flows could reaCh the building sites and therefore, diversion and channolisation of the drainages aro recommended for protection of structures placed in this ar The units mapped as Qdts repres- eAt aKttas where the potential for destructive flows is woderate to tievere. Lots within these areas should have individual site specific studies done in order to define the severity of the hazard, to help with house site selection, and to establish proper mitt ation proc • duxes for each lot. Engineering iti- gatJ.on techniques employed in debris flow areas include: avoidance, which we would recommend for Lot *1 due to the severity of the hazard; protective embankments and divrsion structures, ehannelisatiou, which is not always effective, and $i-,scialized construction. such as additionally reinforced foundations anti the absence of doors ox windows on uphill sides of buildings. The coaleasing debris fans (f) show signs of recent activity andi therefor% no structures should be placed on those teatures. A rockiall hazart exists on th northern lots, including Lot 41. the source area being the ba4;41t rocks which cap the upper slopes boys the property. In the area of Lots 10, 11 and 12, the best mitigation procedure soy be the remuoval of the few large boulders present prior to construction. Lor Lots 1., 14 and 1, removal way not be feasible and protective structures may be necessary. Site specific studies as. recommended to determine the severity of the hazard. Al] slopes of outcropping Sagle Val t be considered &a unstable due to the incompetent and soluble nature of the materials. No construction is planned nor should any take place on or neer these slopes. slopes within the gullies in the alluvial - colluvial and debris flow materiels axe potentially unstable and any structures placed on or near the edges of the gullies should have site specific studies performed on the slopes to determine the stability and recommended set -backs. The majority of the lots lie on materials sapped as ,,lluvium-colluvium Wad). This material i lowto moderately expansive and is stIsceptible to surface erosion. subsurface piping, and hydrocompaction. Construction activities should b planned and executed 40 that no areas are stripped or cut unneccessarily, and so that no area of exposed soil, either in place or man-made, remains unprotected from erosion, Woad cuts and fills should be terraced, sevegotated. or retained in such a way that water aay quickly drain frow the slopes without eroding. thew. Whenever a structure is built adjacent to a steep slope, steps should be taken to prevent erosion in the area ot the foundations. Llegatas. The floodplain: of the Roaring Fork River is more than 100 feet below the level of the lowest building site on the property. It is felt that the difference in elevation is sufficient to afford protection during periods of flooding. Flooding and debris flows can be expected within the gullies oa the site and therefore, a certain degree ot over designing of the drainage culverts placed in the guiLisa should be used to allow for the extra debris. The proposed Al Storey 6ubdi- vision lies in an area of slight regional seismic /activity where shocks may achieve a *edified Maarcalli for MAC) intensity Of VII• or a Richter magnitude of 5.0. Thi a is considered the threshold for significantly damagiug quakes. The City of Glenwood Gprings experienced a shock of MA intensity V in 1889. In the year 1967, when research was done on the problem, Pomo 20 shocks of Richter Magnitude 2.0 to 4.0 were epicentered in the vicinity of Baxter Mountain (about 12 miles north of the subdivision), and another such shock wee opicentered at the Harvey Gap Reserveir (about 20 miles west of the subdivision). This last shock was believed to have been artiticallyinducec by the presence of the reservoir. Other tremors have Letil recorded in the Aspen vicinity. While this part of Colorado is not in an area of serious earthquake danger, a certain risk does exist in the area which must be taken into consideration in the design of structures. eMbankments and cuts. It should be emphasized that thia risk is by no means limited to this site, but is regional in nature. There ia no reason to believe that any unusual degree of risk is associated with this particular aite. It is recommended, though, that structures be desisinec to withstand low magnitude earth accelerations. No known raoiation hazard exists on this site. Radioactive minerals in Western Colorado generally occur in the Chinle and Morrison Formations, neither of which are found on or near this site. Son* sand and gravel exists in this for tsxt ce daposit. (00 but the snail quantity and thick overburden will probzbLy prevent its extraction as a economic wineral r*source. Some of this sand and gravel may however. IA: useful as enbanknent and base *Ws *tutorial within the developwent itself. PeLc91.114-9/2L Five p<tx lation teut4 vier conductod zadjiicent to the fiv* soil teat boriva located on Plate I. The xate4. vire fast, ranging from ten (10) Ainutes per inch to thirteen (1J) minutes per inch. Although these rstes are considered fast, they are within the states stnntisr414, and as no ground water was encountered in any of the boxing* it is felt that the normal septic eybtes. with les.ching fields or absorption beds will provide adequate treats.ent of the effluent. In the few areas where shallow bedrocx may be encoun— tered, use of elevated fields or evapotranspiration beds way be requirwd. Whit test boring's wet. placed on this site, as is indicated on the. enclosed Site Map. These test borings were placed in such a manner as obtain a vaationably good profile of the snbeurface soils. While. someanor variations were noted from point to point sufficient information was obtained that no further test borings were deemed necessary. All borings were advanced with a power -driven, continuous auger drill. pies were ten ith the standard split spoon sempler end by bulk method. borings con. The soils encountered in our teat sted mainly of silty clay and silt. This material i* colluvial in nature, having be.n deposited by alopewash from the hi her ground to the north and *aut. it is believed that terrace gravel and cobbles of the Aoaring Fork Alver may be encoun- tered at depth beneath parts of the southernmost portion of the subdivision. These upper colluvial materials are belived to overlie formational material of the Seigle Velley EveTorite forma- tion. Bee'. Valley Evaporite we: encouritered in Teet Boring No. 4. The sempleth obtained during our field xp1oratior prograo have been divides into three soil type. 4oil Type No. 1 was a fine—grainodo silty clay which WAS encoun- tered as colluvium in the upper portion of the soil profile. Type No. 2 also classified as a silty clay, but contained a con- siderably larger portion of sand and gravel sized particles than did Soil Type No. 1. This material also is representative of the uP? er colluvial materials., but was generally encountered at greater deptha than Soil Type No. 1. Ooil Type. No, was a silt, which is -11,* sepsea+eatative of ailtstonr► tef the to tiee V 11.ey hvaporite forma- tion and overlying weathered materials. This material vs encoun- tared in the vicinity of Test Boring No. 4. Mare pxeaise engineer ing characteristics of these three soil types are given on the enclosed summary sheets. The following discussion will be general in nature. soil Types 1 and 2 both classified cess �ei2ty clay (CXI*L) r but differed from each other in terms of grain vise and plasticity characteristics. Thtrse two soil types will be grouped together for purposes of di.scuc;sion. Generally. theses ma oriels are slightly plastic, of low permeAbi.lity, and were encountered in a low to moderate density condition. They will have a tendency to expand upon the addition of moisture. with swell pressures a* high as 620 prf beein measured. When in a lover density. high moisture state. &oil Types 1 and 2 will have some tend e y to long term consolidation under load. Perhaps the most significant pxoblerss associated with these materials, however, is loss of strength upon saturation. In the eondition in which thee+, materials were sen ountfared over most of the site, they can be expected to experience consiable loss of strength if wetted. The combination of expansion. consolidatiaa and strength loss problems mate it very important that proper drainage be maintained and that balancing and reinforcing recommendations be complied with. These materials were noted to be somewhat variable in teras of bearing capacity across the subdivision end specific bearing values for each structure should be established on an individual basis. However, for wove** of preliminary design. the maximum allowable bearing capacity may be taken as 2000 pari for a site average. minimum deadload. preaeure of e00 pat should be maintained at all timee. Zoil Types i. and 2 worre found to contain sulfates in detri- mental quantitiee. Soil Type No. 3 classified a* a ailt (M) with a cobI ortion of sand eized particles. This material was encountered se formational eiltstone as well as £.n the form of overlying °alluvial and residually weathered ant. Qinerally. this material is of tow plasticity, of low permeability, and was encountered in density btateb raneine from low to hieh. At the location where this material waa encountered in a low density condition, it was noted to contain a sienificant portion of organic materials and therefore, should be con:Adored unsuitable as a foundation material. When encountered in the formational sta.*, however, it should bealitable for foundation* with certain reser- vations. This material was noted to have a distinct tendency to expand upon the addition of moisture, with swell pressures on the order of 2400 pat being measured. This would be considered in the moderate to high swell range and will require foundation component to be very carefully designed and proportioned. This task should be undertaken only by a qualified engineer The maximum allowable bearing capacity for this material in the formational state ulay be taken as about 6500 pst. A minimum &radioed pressure of 2400 pef should be maintained at all times. Thi v material was found to aontain sulfates in detrimental quantitiou. NO true free water table was encoun- tered in any of th. tat borinea to the depths drilled on this aite. Free water is believed to be fairly deep in this area and should not affect construction or performance of foundati©n aysteara. However, seapaga water aey be encs on this site due to the topography aad nature of the material* which aay requixa special techniquein certain inatances in order to achieve a. satisfactory foundation system. cqtr.444oxi_ ‘T ;: inc* the A WOO ond nature of the propoaed loads are unknown to the Laboratory at this am*, the recommendationa contained herein must ba quite sex in natura. Any special lads or unusual dooign conditiona should be reported to the laaboratory so that Changes in these reCOONOO» datiOAs may be wade, if necessary. Liowevax, baaed upon our analy- sia of the soil conditions and project characteriatica previously outlined, the following trcommendatioaa are aada. It is rocoiamanded that shallow foun4atLoA ystems, conaistiag of continuous foundations baneath bearing walls and iaolatad spread footings beth columas and other poiata of concentratad load, be uaad to carry the weight of the paoposed structuras. The tearing capacity value- ware noted to vary considerably across the site with diffeaoaces in location and depth. roe this mum, psiseict bearing valuaa for each individual construction site should bu aatiiblishad at the time tn." foundation excavation is made. eor Pteliwinard design purposea, howavea, the maximum allowable bearing capacity fox .oil Types 1 sad 2 may be taAan as about 2000 paf for a proliminaty site average. A minimam doadload ptesaura of 600 paf should be maintained at all timas. The bottoms *f all foundations should be located a minimum of 3 feet below fialahe4 grade, cx greater if dictated by 'octal ballding oodese for frost protection. 14- A special cese for shallow founda- tion systems would exist where foundations axo to be locdted in the formation siltstones of :kola Type No. This material wee noted to have a moderate to high expansion potential, which will require special design. Poundations tor these con itis typi- cally, would consist of either a voido4 engineered stem wall on gxzids type of foundation system with properly proportioned center pads or a carefully balanced, engineered, pad and grade beam typo of foundation system; eaain, with properly proportioned center pads. izexdening either of these types of foundation syatems, there are thus. major considerations which ;uust be kept in mind. The maximum alloweble bearing capacitiea eaould not be exceeded, th4, minimum deadload requiremente should be maintained at all times beneath all poxtions of th* . foundation eystemi and proper balaucing of foundation components should be achieved. The for- mational siltatones of aoil Type No. 3 were noted to have a mexi- mum alowable bearing capecity oW the order of 6500 pst. A mini- mum deadload pressure of 2400 pbt should bit maintained at all times. The ctiteria for belencing will be discuw..-ed later in this aection. Again, the beating capacity values foundations resting in qjt Type No. :$ should be verified tt the tie,* the foundation excavation i, made. It is recommended that foundation components be balanced in such a manner that the contact stresses under working load conditions axe approximately equal tt all points. The criteria tor this balanding will depend upon the nature of the structuxes."..ingle story, slab on grade structurea may be balanced On the basis of dead Lad only. Multi-stoxy structures or struc- tures with basements ahould be balanced on the baric of dead load plus a live load.. Using whichever criteria is applicable, contact stresses beneath exterior foundation walls should be zlanced to within 4Q0 psf around the etructuree 1500'. lated interior column footings should be designed for contact stresses of about 150 pet greater than the average uelected for the exterior walls. eten walls for continuou foundetieses !dhould be designed au jrlikde beams; capable of spanning at lee -at 12 feet. Norieontal reinforcement should be pieced continuously around the building in thee etes, wall*, with no laps or break& in the reinforcing steel, unless specially designed. '_.tem walls should by reinforced at both to end bottom, with the location of the slajority of the reinforcing bin dependent upon the nature of the structure. Eoundationa located in soil Types 1 and 2 ehould have the majority of the reinfoxciny near the bottoia of etem walls in most cases. reundations on the expeneive siltstonos of .oil Type No. 3 should have the major reinforcing near the top of the stele wall in most cases. Where stem wallwill retain soil in excess of 4 feet in height, vertical reinforcement may be neceaaary and should "pe. designed. To design such vertical reinforcing, the equivalent fluid pressure of the soil Ig.)( be taiean as about 45 pci in the active state. where floor slab are used, they aay be placed directly on rade4 or over a compected gravel blan- ket of 4 to. 6 inches in thicknees. if the gravel blanket is cho- sen, however, it must be provided with a free drainage outlet to the surface and must not be allowed to act as e water trap beneath the floor slabs A vapor barrier is recomended beneath all flOOX -16- la thea psov t ing ill liege below the finis ectarias. ground surface. k lour a lebe should be cuts t rua ted try acct independently of columns and boar- concrete floor slabs should be placed x thin 24 feet on a aide. 4Arep construction oId be placed e d est these Ljibes to facilitate w#ll help reduce to a wi.ile as, any unsightly k:e used by differentia/ wovewent. nt. Adequate drainage swat Yee provided e, %� eduar tug and otter construction to f :19etC The ground surface ixougd the build -- such that surface water will lora carried quickly iti away. Minimum qr 3ier.t i.thin 10 ieet of the structure will depend upon surface landscapinge x arae ox ,paved areas should have a s iaeii- a►wa gradient of 2A. while lehdec.:ep+rd 4.x,,das should nave a U.iniwu:.: gradient of M. Aoof drains &W./ be carr ed across ell bac e: filleed ItXteob and discharged well away ow the struoture. since ce the founded oe soils 4:e 40474.4itiVO to tab entry of water. the x t ations concerning ening drainage i.reCt considered inpos tact. A eubsurfece peripheral drain is atsuctL re* at foundation level. his nsist of an adequate diaccharge pipe, i6rev�e.1 collector and naiad ox fabric filter, cher disci- xg ► pipt. should b provided with a tree gravity outfall to the surface if all poesib2aOQtyi►f gravity outfall is not possible, a lined sump and pump ahcuLd be used to remove water from the peripheral drains. -19- sat�ructuarees should be cep Proctor dry for this pur, first removed. int. 6 ;inches cOmPacted aseteeiy equal to the w.inus 2%. Backfill t i r ei fi 11 ereu the proposed ility trenches leveeing to the structure to ,t least 90% of the maximum standard ALT D-698. The native rails may be used ovidinc any organic materials or debris are tial should be placed in lifts not to exceed idknesss and et a moisture content cppsraxi- Proctor optimum moisture content, plus or should be compacted to the required t` entity by mechanical means. No water flocdins tecniquesg of any type should be used inthe he pi cem ent of fill on this site. Any topsoil ox debris should be ed fry the trueyt;i area prior to the beginning of c true tion. dditic ally, should any pockets of debris, organics matcaxisel, +or unusually loose material be emcommtet.d d4uxii er`oa- va t. i on for fe tinge. this material should be removed end rsplaved wi th b fill compacted to 95* of the maximum 'rector dry density The ern toothy onaaystion Should be iae c prior to the construction of forms or placement of concrete in order to establish the proper design criteria foe that site sad to insane that no debris, soft spots, or other unsuitable materials are located in the foundation region. The soils on this •it.e were noted to coat sulfates tal qua.: tittieese. Pox this reason, a Sulfate resistant cements such as Type II Cement, should be used in all cenerete which will be in intact with the foundation soils. Under no ciseumatenees should calcium chloride sever be added to a Type II Cent. In the event that Type II Cement is l8- difficult to obtain, a Type 2 Cement may be used, providing the concrete is sepprated from the soils by water resistant meMbranes. It is bApieved that ell pertinent points concerning the subsurface soils on this Ute have been coveredin this report. If soil types and conditions other than those outlined herein are noted during construction on the site, these Should be reported to the Laboratory so that changes in recommendations may be t4ado, if necessary. Flhould questions arise or further infortasition be desired, please feel free to contact the Laboratory* SOILS DESCRIPTIONS: SYMBOL USCS DESCRIPTION Topsoil Man-made Fill GW WeII-graded Gravel GP Poorly -graded Gravel GM Silty Gravel GC Clayey Gravel SW Well -graded Sand SP Poorly -graded Sand SM Silty Sand SC Clayey Sand ML Low -plasticity Silt CL Low -plasticity Clay 0 0.0:0. 0:0:0:0; 0:0;0:0: 0:0.00 0000 0000 0000 o000 0 0 0 0 00 1111 II I II I I 1 I 1 1 z'-7_ pii 00 00 0 0 0 0 0 0 0 00 0 00 000 0 • . 0 0 0 0 0 0 OL Low -plasticity Organic Silt and Clay MH High -plasticity Silt 1 CH High -plasticity Clay OH Pt GW/GM GW/GC GP/GM GP/GC GM/GC High- plasticity Organic Clay Peat ROCK DESCRIPTIONS: SYMBOL DESCRIPTION SEDIMENTARY ROCKS Well- graded Gravel, Silty WeII-graded Gravel, Clayey Poorly -graded Gravel, Silty Poorly -graded Gravel, Clayey Silty Gravel, Clayey GC/GM Clayey Gravel, Silty SW/SM Well - graded Sand, Silty SW/SC Well- graded Sand, Clayey SP/SM Poorly -graded Sand, Silty Poorly - graded Sand, Clayey SM/SC Silty Sand, Clayey •q• :OQd '•o.:P X X X XXX SP/SC SC/SM Clayey Sand, Silty CL/ML Silty Clay /hitt/. CONGLOMERATE SANDSTONE SILTSTONE SHALE CLAYSTONE COAL LIMESTONE DOLOMITE MARLSTONE GYPSUM Other Sedimentary Rocks IGNEOUS ROCKS Ieeuuu nnulIll •c./1•41.6. 0'dG: 00 � rL� L GRANITIC ROCKS DIORITIC ROCKS GABBRO RHYOLITE ANDESITE BASALT TUFF & ASH FLOWS BRECCIA & Other Volcanics Other Igneous Rocks taw taro METAMORPHIC ROCKS GNEISS 000 00 0 0 0 SCHIST PHYLLITE SLATE METAQUARTZITE MARBLE HORNFELS SERPENTINE Other Metamorphic Rocks SYMBOLS & NOTES: SYMBOL DESCRIPTION Free water 15' Wx Form. 9/12 Standard penetration drive Numbers indicate 9 blows to drive the spoon 12" into ground. ST 2- I/2" Shelby thin wall sample Wo Natural Moisture Content Wx Weathered Material Free water table Yo Natural dry density T.B.-Disturbed Bulk Sample ® Soil type related to samples in report Top of formation Test Boring Location m Test Pit Location I—A-4 Seismic or Resistivity Station. Lineation indicates approx. length a orientation of spread (S o Seismic , R= Resistivity ) Standard Penetration Drives are made by driving a standard 1.4" split spoon sampler into the ground by dropping a 140 lb. weight 30". ASTM test des. D-1586. Samples may be bulk , standard split spoon ( both disturbed) or 2-I/2" I. D. thin wall ("undisturbed") Shelby tube samples. See log for type. The boring logs show subsurface conditions at the dates and locations shown ,and it is not warranted that they are representative of subsurface conditions at other locations and times. `') LINCOLN COLORADO: Colorado Springs, Pueblo, DeVORE Glenwood Springs, Montrose, Gunnison, TESTING LABORATORY Grand Junction.— WYO.—Rock Springs EXPLANATION OF BOREHOLE LOGS AND LOCATION DIAGRAMS Test Hole No. Top Elevation w Z20 25 30 35 40 0 S///yeAey, O4Ws€, Mrdd'sh- To7C1s ,x404.9 0 alb ear IBJ,/B ` ,1. 0 411. • /z z4/is 0 i s1 s;/{y Gkfy, Gp-o&w//y. De -y, Ned 7,i O'v//'enics 3 Jon 4.0 30 35 40 DRILLING LOGS LINCOLN-DeVORE TESTING LABORATORY COLORADO SPRINGS -PUEBLO, COLORADO Test Hole No. Top Elevation ✓x • Si /iS {.•vr6, 10' / v♦/!Y E•9so�r lc 15 D,L • B..aa//r Gypsar•+ aMme 25 30 4y erts 35 — OBIS 40 — tag, /9.t �.//.¢'+Ass 40G/ss0I.. 0 £/4 33//Z 0 i,,ber�.s DRILLING LOGS LINCOLN-DeVORE TESTING LABORATORY COLORADO SPRINGS -PUEBLO, COLORADO SUMMARY SHEET Soil Sample . 4ty c/may /2-4J.4-14 Location 4/ S`/ddv%siaer Boring No. Sample No. Depth Test No. Do `P GS- 880 Test by ./.5)./3 4/78 GEG Natural Water Content (w) -3-¢ % Specific Gravity (Gs) 2%6,6 - In 'lace Density To) pcf SIEVE ANALYSIS: Sieve No. 1 1/2" 1" 3/4" 1/2" 4 10 20 40 100 200 % Passing 99•S 99-4- 9'. G 87.6 HYDROMETER ANALYSIS: Grain size (mm) .oZ o%% 39.8 2.3 .9 Plastic Limit P.L. /2Z % Liquid Limit L. L. 23.3 % Plasticity Index P.I. e/ % Shrinkage Limit /J5.G % Flow Index Shrinkage Ratio % Volumetric Change % Lineal Shrinkage % MOISTURE DENSITY: ASTM METHOD Optimum Moisture Content - w0 Jo Maximum Dry Density -Tcf pcf California Bearing Ratio (av) % Swe I I • / Days I.3 % Swell against3psf Wo gain '-.% BEARING: Houses Penetrometer (av) d'ooa psf Unconfined Compression (qu) psf Plate Bearing: __psf Inches Settlement Consolidation % under psf PERMEABILITY: K (at 20°C) Void Ratio Sulfates ,,coo - ppm. SOIL ANALYSIS LINCOLN-DeVORE TESTING LABORATORY COLORADO SPRINGS, COLORADO SUMMARY SHE- ET Test No. Soil Sample/MG) Location Al S1o'cy .Sud o,.yf5/or, s Depth Boring No. Sample No. Test by Gg'G Natural Water Content (w) 4•6% % Specific Gravity (Gs) a•s7 In 'lace Density (To)_ pcf SIEVE ANALYSIS: Sieve No. 1 1/2" % Passing 1" 3/4" 1/2" 4 10 20 40 /00 99.3 89.7 8 49 76,Z 74.4' 100 G"°`-9 200 -S7.9 HYDROMETER ANALYSIS: Grain size (mm) aooS /7.8 Plastic Limit P.L. /s/% Liquid Limit L. L. zo.o% Plasticity Index P.I. 4.9 % Shrinkage Limit /3.8 % Flow Index Shrinkage Ratio ok Volumetric Change % Lineal Shrinkage % MOISTURE DENSITY: ASTM METHOD Optimum Moisture Content - w°_moo Maximum Dry Density -rd pcf California Bearing Ratio (av) 0/0 Swell• / Days /D % Swell against ?S7 psf Wo gain 9•Z % BEARING: Housel Penetrometer (av)_ z000 psf Unconfined Compression (qu) psf Plate Bearing- psf Inches Settlement Consolidation % under psf PERMEABILITY: K (at 20°C) Void Ratio Sulfates /000" ppm. SOIL ANALYSIS LINCOLN-DeVORE TESTING LABORATORY COLORADO SPRINGS, COLORADO Soil Sample A1,Z - S/%/sfoa2 SUMMARY SHEET Test No. Location S7% e Edi Boring No. 4e Depth /o Sample No. Do!- - 3 Test by l�G Natural Water Content (w) /9.Z % Specific Gravity (Gs) 2'.Ga® In 'lace Density (ro) pcf SIEVE ANALYSIS: Sieve No. 1 1/2" % Passing 1" 3/4" 1/211 /Do 4 99.9 10 9d..9 20 9/-Z 40 gam./ 100 200 sus HYDROMETER ANALYSIS: Grain size (mm) 0/0 3/. rs Plastic Limit P.L. 30.9 % Liquid Limit L. L. 33.5 % Plasticity Index P.I. 2.10 ok Shrinkage Limit 2/•S % Flow Index Shrinkage Ratio ok Volumetric Change % Lineal Shrinkage % MOISTURE DENSITY: ASTM METHOD Optimum Moisture Content - Maximum Dry Density -Td pcf California Bearing Ratio (av) Swell. / Days 9.S % Swell againsta. psf Wo gain /7. % BEARING: House) Penetrometer (av) G--4"oo psf Unconfined Compression (qu) psf Plate Bearing° psf Inches Settlement Consolidation % under psf PERMEABILITY K (at 20°C) Void Ratio Sulfates zooo' ppm. SOIL ANALYSIS LINCOLN-DeVORE TESTING LABORATORY COLORADO SPRINGS, COLORADO